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TR-6457
James F. King, President Jill M. Doherty, Vies-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Bead P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0461C Date September I, 2009 THIS CERTIFIES that the 4'X 6' ramp leading to a 4'X 6' ramp to MLW, a 4'X 7' catwalk and a 4'X 30' "T" dock, and 4' wide path through the buffer area At 1015 Lakeside Dr., Southold Suffolk County Tax Map #90-4-5.1 Conforms to the application for a Trustees Permit heretofore filed in this office dated 6/19/06 pursuant to which Trustees Wetland Permit #6457 Dated 9/20/06 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for a 4'X 6' ramp leading to a 4'X 6' ramp to MLW, a 4'X 7' catwalk and a 4'X 30' "T" dock, and a 4' wide path through the buffer area. The certificate is issued to ERNEST SCHNEIDER owner of the aforesaid property. Authorized Signature COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT. NEW YORK 11944 · (631) 477-1199 / 477-1393 / 477-0682 · FAX (631) 477-0005 .luly 21, 2008 Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: Permit #6457 issued to Ernest Schneider Dear Trustees: ! am requesting an one year extension to the above referenced permit. This permit was issued on September 20, 2006 and is expected to expire on September 20, 2008. The New York State Department of Environmental Conservation has not issued a permit delaying the commencement of work. ! enclosed check #3766 in the amount of $50.00 to cover the ~t fee and a copy of permit #6457. If any additional information is needed, please do not hesitate to contact me. Permit Manager Enclosures Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE ADDRESS PROPERTY LOCATION TAX MAP NO. q --4 Signed By: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD August 20, 2008 Mr. John Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: ERNEST SCHNEIDER 1015 LAKESIDE DR., SOUTHOLD SCTM#90-4-5.1 Dear Mr. Costello: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., August 20, 2008: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Permit #6457, as issued on September 20, 2006. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, President, Board of Trustees JFK:lms 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 $OUTHOLD 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 1st day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6457 DATE: Se tember 20 2006 ISSUED TO: ERNEST SCHNEIDER PROPERTY ADDRESS: 1015 LAKESIDE DR. SOUTHOLD SCTM#90-4-5.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 20, 2006, and in consideration of application fee in the sum of $250.00 paid by Ernest Schneider subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 4'X 6' ramp leading to a 4'X 6' ramp to MLW, a 4'X 7' catwalk and a 4'X 30" fixed "T" dock, and to install a 4' wide wood chip or stone path through the buffer area, and as depicted on the plan prepared by Costello Marine Contracting Corp. last revised September 14, 2006. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Ernest Schneider, residing at 1015 Lakeside Dr., Southold, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Pernfit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evid~ce to anyone concemed that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee pmuit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Perm~ttee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 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 September 20, 2006 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Mr. John Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: ERNEST SCHNEIDER 1015 LAKESIDE DR., SOUTHOLD SCTM#90-4-5.1 Dear Mr. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wed., September 20, 2006 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of ERNEST SCHNEIDER 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 Southold, application dated June 19, 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, the Board of Trustees has furthered Policies 9.4 & 9.5 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirement: the reduction of the overall length of the docking facility, 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, 2 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 structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of ERNEST SCHNEIDER to construct a 4'X 6' ramp leading to a 4'X 6' ramp to MLW, a 4'X 7' catwalk and a 4'X 30" fixed "T" dock, and to install a 4' wide wood chip or stone path through the buffer area, and as depicted on the plan prepared by Costello Marine Contracting Corp. last revised September 14, 2006. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $566.00 Very truly yours, President, Board of Trustees JFK/Ims 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 TO: ~ r¢~.~,_~- ~.~c hv~t oL(L¢ Please be advised that your application dated ~ ~ Iq ~Of~ reviewed by this Board at the regular meeting Of ~) ~ 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 Do¢lc ~g 7/2~/06 Dock staldng 7/20106 Dock s~ng 7/20/06 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 /477-1393/477-0682 · FAX (631) 477-0005 August 3, 2006 Southold Town Trustees PO Box 1179 Southold, NY 11971 Ernest Schneider Property 1015 Lakeside Drive North, Southold Dear Trustees: Endosed are photographs of the staked project. If you need any additional information before the August public hearing, please do not hesitate to call. Sincerely, Permit Manager Enclosure Telephone (631 ) 765-1892 Town I-Iall 53095 Route 25 P.O. Box t 179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Mon., July 17, 2006, the following recommendation was made: Moved by Jack McGreevy, seconded by Don Wilder, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Permit application of ERNEST SCHNEIDER to construct a 4'X 6' ramp onto a 4'X 10' fixed dock with a 32"X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by 2-6" dia. pilings. Install two 2-pile mooring pilings. Install a 4' wide woodchip or stone path through buffer area. Located: 1015 Lakeside Dr., Southold. SCTM#90-4-5.1 The CAC recommends Approval of the application with the Condition a raised fiberglass catwalk path is installed and the float is not stored on the wetlands. The seaward end of the floating dock was not staked and the CAC questions the location of the channel. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Halt 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (831) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Name of Applicant: Name of Agent: Property Location: SCTM# & Street Brief Description of proposed action: TL~saelOf area to be impacted: twater Wetland Freshwater Wetland SoUnd Front Bay Front Distance of proposed work to edge of above: ha f Town Code proposed work falls under: pt.97 Chapt. 37 other Type of Application: Wetland __Coastal Erosion __Amendment __Administrative __Emergency Modifications: Condition: __Other: Mailed/Faxed to: Date: iii SE? 1 8 2006 II Hydrographic Map SCT# 1000-90-4-5 Surveyed: August 17, 2005 Town: Bout~old Suffolk County, NY Datum: Low Water SEA LEVEL MAPPING PO Box 538 Rlverhead, NY 631-722-3390 '1 ROBERT I'1. FOX NYS PLS# 50197 ~EST HOLE DATA PERFORMED BY McDONALD GEOSCIENCE 24 MAY, 2001 {- EXIST GRAOE ZO 4 1' DARK BROH~I SANDY LOAM OL J4 BROWN LoAMY SANO SM ~ ;BRoH¢~I FINE SAND SP t ~2;BRowN FINE TO COARSE SAND SW I ~IAT~R IN BROWN FINE TO COARSE SAND FOR SCDHS USE ONLY SW ~ © o FD ~' CM TEST HOLE '- ALL LANDS SHOWN HEREON ARE FLO0/2 ZONE AE (EL. 8 ,) AS PER FEMA MAP # .~610.3C01670 NUMgER 360815 DATED MAY 4, 1998 GUARANTEED TO ERNEST SCHNEIDER COMMONWEALTH LAND TITLE INS. 1000 GAL. CESSPOOLS (5) 8' Oia SURVEY OF LOTS PlO 74, 75~ PlO 76 IN MAP OF CEDAR BEACH PARK SITUATE BA YVIEW, TOWN OF coOUTHOLD SUFFOLK COUNTY, N. Y~ FM ~ ~0 FILED DEC. 20, 1927 Plo LO7 7~ LOT 74 WALL LOT BY PLEASA/V T /NL £ 7- N JUN i9 2.006 PROPOSED SEPTIC TANK PROPOSED EXPANSION PROPOSED CESSPOOLS ZONED R-40 ELEVATIONS SHOWN ARE IN 1929 NGVD. SURVEYED 7 MAY 2001 UPDATED I0 JUNE 2003 SCALE I SURVEYED BY STANLEY J. ISAKSEN, JR. P.O. ~OX 294 A61EW ~UFFOLK, NY 11956 ,L-,'fCENSEll [_AND SUf~A;"rFOR //NYS L/CZ. NO. 4927 01C1009R12 Fred & Sophia Adler 520 Lakeside DriveSouth ^Ii6 2 3 2006 P.O. Box 1481 Southold, N.Y. 11971 To the Southold Board of Trustees Southold Town Hall Annex Southold, N.Y. 11971 August 21, 2006 Dear Board Members, We appreciate and here respond to your letter of some weeks ago, which announced your up-coming Public Heating on the Dock Application of Ernest Schneider, 1015 Lakeside Drive North, Southold. As shown on your enclosed maps, our home is "across-creek" to the above Dock Applicant... And is on the point where two tidal creeks join together to form the creek where the planned Dock is proposed to be built.., which is also the creek which offers the only navigable outlet to Peconic Bay for the numerous boating families with docks on Pleasant Creek, on Cedar Point Drive East, and on both Lakeside Drive South and Lakeside Drive North. In the almost 40 years since we built our home and docked our Boston Whaler here, our community of boaters and fishers have shared a lively sense of friendliness and cooperation, freely and easily making our way across and through any Cedar Beach waterways, reaching without hindrance to Peconic Bay. That may be why, when first receiving your announcement of a Public Hearing on the Dock Application with 3 pages of detailed information on the question, we were confused, putting your letter aside while we made some attempts (that failed) to reach the other "cross-creek" neighbor named in your letter, James and Jeanne Harmon of 1175 Cedar Point Drive East. But when we learned that the red and yellow Stake that had appeared in the middle of the creek might be connected with the proposed Dock, we became concemed and contacted our neighbors, Claus and Andrea Rademacher (965 Cedar Point Drive East). Though they had been unaware of the up-coming Dock Hearing, they soon determined from your 3 pages of information, that the Dock Applicant proposed to build their dock from shore-front out to the Marker Stake. Alarmed at the prospect of such an extended intrusion of the Dock into the center of the Creek needed by all other boaters, the Rademachers undertook to notify their neighbors of the Public Hearing. Meanwhile, the other "cross-creek" recipients of your letter, the James and Jeanne Harmons, succeeded in reaching us to share their keen opposition to what they perceive as a serious threat to the continued peaceful use of our waterways. Despite their inability to be present at the Public Hearing, they were preparing to send their recent photo's of the Marker Stake as seen at low-tide, clearly commanding half of the creek for an intrusively placed dock, posing difficult, possibly dangerous options for passing boats. Though our age and health do not permit us to be present at your Public Hearing, we join with our neighbors in urging that the Board of Trustees deny the Dock Application as submitted. With thanks for your patient community efforts, Fred and Sophia Adler 08/22/06 'l'l_~ 15:49 FA~ ~001 TELECOPIER COVER LETTER FAX: Ms. Laumn S~a~dish 631-765-6641 Board ofT~ - Tom of Sou~old Aunt 22, 2~ 3 Bo~d ofT~te~s - To~ of Sou~old Mr.&Mrs. CiausRadcmachcr 212-535-0829 E] Firsl Cla~ Mail T~ ORIGINAL ~)F THIS DOCyMBNT WILL I~ SENT BY: rlOvemlght/vtail 5elvice ri Hand Messenger [] This will be the only foml ofd~llvery I-f 3~u do not n~.ive all pag~ please cai 516-624-1929 as soon ~s potable, Rm'lm~: Please see d~e attached. 300 ROBBINS LANE, $YOSSET, NY 1179J ~' $'16-624-1929 ~ FAX516-624-1934 08/22/06 TUE 15:49 FAX ~002 David $. Kapla~ Woodgreen lane Roslyn Heights, New York 11577 August 22, 2006 Via Electronic Mail ~. and Facs/mile (~ 631-765-6641 Board of TrusSes Town of $outhold Attention: Ms. Laurcn Standish Re: Application of Ernest Schneider SCTM# 1000-90-4-$.1 Ladi~ and Gentlemen: My family has a summer resideocc at 1700 Inlet Way hi Cedar Beach, Southold. Along with fivc or six other Cedar Beach homeowners, we have deeded rights to the dock area at the head of thc creek at Cedar Beach Dr/ve Fast and have maintained a boat slip hhere for over 30 years. It was brought to my attent/on on Saturday, Ausust 19, 2006 that Mr. Schocidcr intends to build a dock on thc creek/n front of a home that he has built. Yesterday, I was fumisbed wflh a copy of the Notice to Adjacent Property Owner with respect to Mr. Scl'mcider's application. It should bo noted that none of thc other homeowners who mainiain slips in the aforementioned dock ~ and who must navigate past the proposed dock in order to access thc rest of thc creek and bay, were notified of ~his proposed dock construct/on. Unfortunately, I am unable to aU. end the August 23, 2006 heating on this application and submit this letter in lieu thereof. Pm-suant to the application, thc dock will extend th/ny-sLx (36) feet into the creek. Once a boat is tied up along side the dock, it could extend forty-five (45) feet into the creek, I have serious concerns about thc v~uposcd dock and the effect it will have on the navigability of the crock which is already lira/ted. Thc creek is not very wide to begin w/th and is extremely shallow especially at Iow fide. I seriously quest/on how a boat would be able to pass if Ibis oversized dock were to be budt. The hand whtten drawing attached to the Notice does not appear to be to scale becauzc if it were, it would suggest that the creek is about 110 feet wide at the location of thc propped dock. I l'md this very hard to believe. In order to acmmately show the impact of the proposed dock, a survey should be provided from a licensed surveyor showing thc ~nct dimension oft_he creek both at high fide and low tide so that impact of thc dock can be accurately measured. Regardless of the width of the creek, only the center area of the creek is deep enough to navigate through. Our boat is twenV] (20) feet long and draws approximately 18/riches of water. The other boats m the aforementioned dock ar,za ere'of similar size. Theretbre, there must be both adequate width and depth in order for a~cess to be unimpaired. Further, why must this dock extend into the water as far as is proposcA and why mu.st it be so large? How many boats does Mr. Schneider intelx] to dock?. From an aesthetic standpoint the dock socms disproport/onalcly large for this small and quaint c~eek 05/22/05 TUE 15:50 FAX ~]005 ~om'd of Trustees Town of Southold August 22, 2006 Page 2 I cannot imagine that someone would be allowed to couslruct a dock that would deprive others of access and use to thc c~k I would hope that in considering this application, the Board takes into account the eft~t that this dock would have on othcv~ who have used and ~njoy~x] tht creek for years. I would not object to Mr. Schneider building a dock that was scaled down and did not interf6a-~ with the use of thc creek by others. However thc current application raises unansvmred questions and is very troubling. I would al,~iatc the Board's caxeful consideration in this matter and would also ai¥,,'~iate being kept advis~ of the stalus of this application, ffyou need to oontact mc you may do so at 516-484-8479. Thank you. DJK:sm cc; Mrs. Barbara A. Kaplan Mr. lonathan A. Kaplan Mr. & Mrs. Claus Rademaeber 1175 Cedar Point Drive East Southold, NY 11971 Board of Trustees Town of Southold Dear Trustees: August 21, 2006 Re; SCTM #1000-90-4-5.1/Ernest Schneider Application for Dock Permit AUG 2 1 2006 This letter objects to the granting of a permit for the placement of a dock in the manner and location indicated on the attached location map. This is submitted on behalf of property owner Jeanne Harmon, my wife. The location of the dock is in the middle of the only channel used for navigation by approximately six boats located "up the creek." The proposed dock would render the channel unnavigable, especially at Iow tide. There is no other egress to the bay other than by passing through this channel. It appears that only adjacent property owners have been given notice of this application for a permit to place a dock of a design and in a location which would interfere with their ability to navigate safely or at all. These other boat owners include a bayman who makes his living from access to the bay. They each have a clear interest in this application, and should have been given notice of it, so they could have an opportunity to be heard. The placement of the dock to the proposed location also would sometimes close the channel to any passing boats because the water would be too shallow to enable passage. The location map indicates channel depth at average mean below water ("AMLW"). I have kayaked this creek, the bay and other creeks for over 10 years. I know from my own personal observations, that the variation in water depth from high tide to low tide at the proposed dock location can be two feet or more. This means that the average mean low water measurements (even if they might be accurate) do not tell the whole story. For example, the location map reports to measurements directly off the channel side of the proposed dock as: 3.7 ft. and 2.0 fi., as circled on sheet 2 of the location map.. These are average low tide depths as represented. This means that at actual low tide periods, when there is a two foot depth differential, water depth would be 2.7 fi. and 1.0 ft. at the locations indicated. Obviously, the channel would become too narrow for passage at an adequate depth. In addition, there would be a navigation problem even at high tide. The boat which would be docked in the channel appears to have a beam of at least I0 feet. The sheer width of the boat would prevent passage by other boats in any safe or reasonable way. There appears to be a location for the dock which may avoid this blockage of the channel. That location is a small cove off the channel at the site we have circled on sheet 2 of the proposed location map. The other solution is to continue to moor the boat in the bay, as is done now. It is requested that the Board of Trustees deny the application for a dock permit as currently submitted. Very truly yours, m II II II I I David $. Kaplan 25 Woodgreen Lane Roslyn Heights, New York 11577 AU6 2 2 2006 August 22, 2006 Via Electronic Mail lauren. ' twn.s uth I . . and Facsimile ~ 631-765-6641 Board of Trustees Town of Southold Attention: Ms. Lauren Standish Re: Application of Ernest Schneider SCTM# 1000-90-4.5.1 Ladies and Gentlemen: My family has a summer residence at 1700 Inlet Way in Cedar Beach, Southold. Along with five or six other Cedar Beach homeowners, we have deeded rights to the dock area at the head of the creek at Cedar Beach Drive East and have maintained a boat slip there for over 30 years. It was brought to my attention on Saturday, August 19, 2006 that Mr. Schneider intends to build a dock on the creek in front cfa home that he has built. Yesterday, I was furnished with a copy of the Notice to Adjacent Property Owner with respect toMr. Sehneider's application. It shouldbe noted that none of the other homeowners who maintain slips in the aforementioned dock area, and who must navigate past the proposed dock in order to access the rest of the creek and bay, were notified of this proposed dock construction. Unfortunately, I am unable to attend the August 23, 2006 hearing on this application and submit this letter in lieu thereof. Pursuant to the application, the dock will extend thirty-six (36) feet into the creek. Once a boat is tied up along side the dock, it could extend forty-five (45) feet into the creek. I have serious concerns about the proposed dock and the effect it will have on the navigability of the creek which is already limited. The creek is not very wide to begin with and is extremely shallow especially at low tide. I seriously question how a boat would be able to pass if this oversized dock were to be built. The hand written drawing attached to the Notice does not appear to be to scale because if it were, it would suggest that the creek is about 110 feet wide at the location of the proposed dock. I find this very hard to believe. In order to accurately show the impact of the proposed dock, a survey should be provided from a licensed surveyor showing the exact dimension of the creek both at high tide and low tide so that impact of the dock can be accurately measured. Regardless of the width of the creek, only the center area of the creek is deep enough to navigate through. Our boat is twenty (20) feet long and draws approximately 18 inches of water. The other boats in the aforementioned dock area are of similar size. Therefore, there must be both adequate width and depth in order for access to be unimpaired. Further, why must this dock extend into the water as far as is proposed and why must it be so large? How many boats does Mr. Schneider intend to dock? From an aesthetic standpoint the dock seems disproportionately large for this small and quaint creek. Board of Trustees Town of Southold August 22, 2006 Page 2 I cannot imagine that someone would be allowed to consta'uct a dock that would deprive others of access and use to the creek. I would hope that in considering this application, the Board takes into account the effect that this dock would have on others who have used and enjoyed the creek for years. I would not object to Mr. Schneider building a dock that was scaled down and did not interfere with the use of the creek by others. However the current application raises unanswered questions and is very troubling. I would appreciate the Board's careful consideration in this matter and would also appreciate being kept advised of the status of this application. If you need to contact me you may do so at 516-484-8479. Thank you. DJK:sm CC: Mrs. Barbara A. Kaplan Mr. Jonathan A. Kaplan Mr. & Mrs. Claus Rademacher PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James King, President Town of Southold Board of Trustees ~ From: Mark Terry, Senior Environmental Planner LWRP Coordinator 8EP 2 0 2006 Date: September 20, 2006 Re: Request for Wetland Permit for Ernest Schneider SCTM# 90-4-5. I THE ACTION IS LOCATED IN A NYSDOS SIGNIFICANT FISH AND VVILDLIFE HABITAT AREA AND A NYSDEC CRITICAL ENVIRONMENTAL AREA. THE PLANNING BOARD HAS REQUIRED A 50' NON-DISTURBANCE BUFFER ON THE PROPERTY ADJACENT TO THE WATERWAY. Costello Mar/ne Contracting Corp. on behalf of ERNEST SCHNEIDER requests a Wetland Permit to construct a 4'X 6' ramp onto a 4'X 10' fixed dock with a 32"X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by 2-6" dia. pilings. Install two 2-pile mooring pilings. Install a 4' wide woodchip or stone path through buffer area. Located: I015 Lakeside Dr., Southold. SCTM#90-4-5.1 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 INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. To further the Policies 9.2 and 9.4; The applicant HAS NOT demonstrated that the action fully meets the below policies. In addition the LWRP states "Piers, docking facilities, and catwalks must not res'ult in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative ". 9.5 Provide access and recreation that is compatible with natural resource values. 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: 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 9.5 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: [ 1] Whether the dock wffi impair navigafiou or be located ia areas of high vessel traffic or vessel congestion~ [2] Whether the dock will unduly interfere with the public use of waterways for swimmint, boating, fishing, shellfishino~ waterakilno 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 adjacent 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 mantima) 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; [11] 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. TItE~ PROPOSED DOCK STRUCTURE WILL IMPAIR AND PARTIALLY OBSTRUCT NAVIGATION OF TILE. CHANNEL. THERE IS NO EVIDENCE IN THE FILE THAT THE APPLICANT HAS PROVED TO THE BOARD THAT NAVIGATION OF TIZ~ CHANNEL WII,L NOT BE IMPAIRED IF THE ACTION IS APPROVED. Provide access and recreation that is compatible with natural resource values. 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: 1. intensity of the associated recreational, scientific, or erh,,,~fional activity, 2. level of likely 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. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area. 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: 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. the size, length, and design of proposed structures Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation~ recreation~ and other public trust purposes, including the incidental rights of public anchoring. NOTE THAT THE NAVIGABLE CHANNEL IS VERY NARROW IN THIS AREA. WITH A VESSEL MOORED AT THE END OF THE PROPOSED DOCK STRUCTURE, A PASSING VESSEL WOULD BE FORCED TO NAVIGATE WATERS WITH A DEPTH OF 2.0 FEET AT MEAN LOW WATER. IN ADDITION, THE APPLICANT HAS SUBIMITTED TWO DIFFERENT WIDTHS OF THE CREEK. THE CREEK WIDTH WAS REFERENCED AT 60' ON THE SURVEY DATED MAY 3, 2006. THIS WIDTH IS CONSISTENT WITH THE HYDROGRAPHIC MAP DATED AUGUST 17, 2005 AND PREPARED BY ROBERT FOX. IN A REVISED SURVEY DATED AUGUST 14, 2006 THE CREEK WIDTH WAS WIDENED AND NOW REFERENCES 70'AT THE SAME LOCATION. 3. Obstruction of navigable waters and underwater lands is limited: to the minimum necessary for access to navigable waters. The minimum is deterrmned by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adiacent waters, (v) the traditional means of access used by sun'oundine similar uses, (vi) whether or not alternative means to gain access are available. by extent and characteristics of the developable adiacent upland area and its ability to support in-water development for the water-dependent use. by potential adverse effects on natural resources and their uses, and by potential adverse effects on public safety. THE PROPOSED 23' DOCK STUCTURE WITH A VESSEL MOORED AT THE END IN RELATION TO THE 60' CREEK WIDTH WILL IMPEDE AND PARTIALLY OBSTRUCT TI41~. NAVIGABLE CHANNEL. THE LOCATION OF THE STRUCTURE AND SIGHT DISTANCE MAY POSE A SAFETY CONCERN VESSELS APPROACHING FROM THE WEST. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Shawn Kiernan, New York Department of State Division of Coastal Resources Office Use Only ~weaStal Erosion Permit Application tlend Pemait Application Administrative Permit Amendment~Frans let/Extension r~ece~-ved Application: InhQ ~eceived Fee:$ ~J~napleted Application~_[~3~ __Incomplete __SEQRA Classification: Type I Type II Unlisted .~oordinat~on:(date sent_) '---,GAC Referral Sent:~ ~teotXos~ction: q! __Receipt of CAC Report: ' ' __]Lead Agency Determination: __Technical Review: ,~ublic Hearing Held:~_~a __Resolution: Name of Applicant ~n~_~'~ Address /' '" dUN I ~ 2006 I Phone Number:(t~l) 7/~5- ~9'~ ~ Suffolk County Tax Map Number: 1000 - ~'O - 'q' ~ 5. / Property Location: /0/~ /__4~'~';/c-'/'~' ~/v~' , (provide LILCO Pole #, distance t6 cross streets, and location) (If applicable) ' ' Phone: ~,3~77 -//¢~2 OBoard of Trustees Applicat~ GENERAL DATA Land Area (in square feet):. 7~5/~ ~5~3 .~ ~ Previous u~ ofp~pe~: ~mm// ~mtA/7~~ Intended use ofpmp~: ~ 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? ,K No__ Yes If ye.s, provide explanation: Project Description (use attachments if necessary): (~rt~-r~Cfl cz 4 5e~ ~.-~tnt/~ t / t ' pv WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: '~ , Area of wetlands on lot: '~t 0 O ~ square feet Perc~mt coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: ~Q~ feet Closest distance between nearest proposed structure and upland edge of wetlands: ,~ feet Doe.: the project involve excavation or filling? )/~ No Yes If yes, how much material will be excavated? Iq A cubic yards How much material will be filled? t,l]/~ cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Iq Ma~aer in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reascm of such proposed operations (use attacbanents if appropriate): b / OBoard of Trustees Applicati~ County of Suffolk Stat(; of New York D ¥[4/d~ 0t4OC/ G DULY SWORN DE-PoSErs XND AFFIRMS TlqAT HE/SHE iSOrlCtE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ~ l- Signature Notary Public REBEO(~A A. VILARDI NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN SUFFOLK COUNTY NO: 01W06039106 COMMISSION EXPIRES MARCH 27, ~-~/,,'~ 617~.0 Appendix C State'Envimnmentel Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION {To be oomphited by A~pljCant Or Pro~ect Sponsor) 1. APPLICANT/SPONSOR 12: PROJECT $. PROJECT LOCATION; Municipality ...~ C,~7'~O~::3 County 4. PRECISE LOCATION (S~eet address add road ~, pfomine~ laddman~s, et~, or Ixovide map) 5. PRO~SE~ON IS; 6. DESCRIBE PROJECT BRIERY: 7, ~OUNT OF ~D ~: 8. WILL PROPOSED A~ON ~MPLY ~ ~I~NG ZO~I~ OR O~ER ~NG ~D USE RES~C~ONS? ~ 9. W~T IS ~ESE~ ~D ~E IN ~ClNI~ OF ~E~ ~1 ~1~, ~m~l ~ Ag~m ~ p~S~ ~ ~er 10. ~)~ AC~ON I~OL~ A P~M~ ~P~OV~ O~ FUNDING, NOW Offi UL~LY F~O~ ~ O~ffi ~O~ffiNM~ AGENCY DE~ ~A~ O~ L~}? OO~ ~ ~E~ OF ~E A~N ~ A ~Y:V~D P~M~ OR ~P~V~? 11. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODiRCATION? I CERTIFY THAT THE INFORMATION PROV1DED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE LIf the action i.s in the Coastal Ar~. a, and you are a state compis{e the agency, Coastal ~ssessment Form ~e~ore proceeding with this assessment OVER 1 PART I] - IMPACT A~;=-~$~---% A- DOES ACTION EXCEEO ANY TYPE I THRF..SHOLD iN 6 RYCRR. PART 617A? If ye~, cu~aG._-,a:e b~e re-dew process and use the FULL F-~'F · B. WILL ACTION RECEIVE COORDINATED RE~IEW A~ PROVIDED FOR UNU~i,~ ACT1ONS IN 6 NYCRR, pART 617.67 If No, a m~ga1~ve dec~aratXm may be ~ by ano~J~r invofw~ agoncy. :. COULD ACTION RESULT IN ANY AD~ EFF~CT~ ~TED WITH THE FOLLOWING: (Answers may be ha~, if kagible) Cl. Ex~Ung a~' quality, ~adace or groundwam'qua~y or quantity, no~e ~, existing traffic pabem, ~r~ waste pnxluc~on or dispoaaL C2. ~esb~et~c, agdcuifural, a~ical, hl~:~c, o~ oUqef ~8~,ral or cultural re~ourcam, or community or neigt f:~od character? E.xpla m briefl)c C3. vege~a~ or fauna, Rah, she~sh or wtldllfe ~oecle~, ~gnlt~ant habifa~, or ~metoned or endangered species? Explain briefly: Ca A communit'/s e~sfing plans or goals as ofactally adopted, or I change in use or Inm~tty of use of land or oin~ ~atural C5 Grow~, subsequent o~ev~opmem, or re. reel ac~tvifies likely to be inquoad by We pmposecl acUo~? Explain briefly: C7. Ob~e~ impacts (including changes In use of eltt~r quantity or type of er, e~y)? E.~aln ~ WILL THE .RO~CT.*VE AN ,~P^CT O. TH~ ~.~.O.M~.TAL C.~C~STICS TH^T c~usEo TH~ EST^.L.SH.~"~ O~ A CRmCAL E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO pOTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? PART II1 - DETERMINATION OF SIGNIFICANCE (To t~e ~ompleted by Agenoy) i INSTRUCTIONS: F~r~aof1adv~rs~R~f~t~dent~d~b~v~d~t~11inewt~1~tLssub~:ar~ja~i~rg~imp~rtant~r~U1erv~sesign~nt` Each effe~"t should be aa___e,~sL~ad_ in connection with ~ (a) aetl~ng (i.e, urban 0r rural); (b) pn0bab~iity of occurring; (c) durat~n; geographic scope; ancl (f) magnitude. If necessity, add attacflment~ or refl~mnce suppor'dng matellals. Ensure t~at explanations contain suf~ c~ent detail to ~ow Ifmt all relevant adveme Impa~ have been Jdentlfied.~nd adeClUate~y acldmsaed. If ques~on D of Part yes, t~e determination of agnificance must evaluate file pote~al Impact of ~e P~O~ acl~on on t~e e~mn~l ~m~ed~ ~ ~e ~ ] C~t~ec~tt~lab~x~fy~uhav~k~e~edoneorm~mp~t~n~aBy~georsign~c~aqt~dve~seimpac~swhicf~MAY~ccur~ Thenprocoeddirectty~ob~eFUL~ ~ and/or prepare a pe~l~ve declaration. [] Check b~ box If YO~ flare detemlin~l,ba~e~ On Ifle infOmlatt0~l a~l aiqaly~i above a/l~l ally st4~ng dOcum~m~' ~ ~e p~ a~ WILl NOT result in any signlffaoant aclve~e elwl~ollm~lt~l inlpa~ AND p~ovkJe, on attaoflm~qt~ a~ ne~e~mry, ~ maso~s supp~ldng ~is det~minat~o~ N~m of L~d Ag~3~ ~m Pdnt or T~e Name of Re~oons~Me Offioar in Lead Agency Signature of Preparer (If different from respoasa:de officer) James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the iMatter of the Application of ...... n .................... COLrNTY OF SUFFOLK) STATE OF NEW YORK) JUL 13 2006 AFFIDAVIT OF POSTiNG I, L~fflr/ ~.--~'¢(zv~'t?$ , residing at ,/L) 3~- ,/'~/t,C(/} b~ing duly s~om, depose ~d say: That on the/d day of ,J~, '/~, ,2000, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held [_L/',I4., ..44.1 g~. Iq:,,Tone ' oo o~o0o~¢ 0;30 Dated: Sw, o_m to b~fore me this /{~ay o fcr~j~0~0 NotaryPub( Nora ~ILY HEAL~ v~,,..~sston Expires July 23,'~ Ernest Schneider Fc~:w~ Posting JrOy 10, 2006 oo5 16o 0003 1160 0003 1596 u .~96~ E000 09~ ~002 STATE OF NEW YORK COUNTY OF SUFFOLK __7' Jay of./~/~ , residing at '"/~) C~f-~ , being duly sworn, deposes and says that on the · 201~, deponent mailed a tree copy of the Notice Sworn to~ Day of ~qi me this 1~ CX , 2~¢ Veronica F. Cldone Notary Public, State of New York No: 52-4661406 Qualified in Suffolk County Commission Expires Dec.31, ~/~?)~, set forth in the Board of%ustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the To~n of Southold; that said Notices were mailed at the United States Post Office at ~r'agt//;~/ ff/['~"/4 ), that said Notices were mailed to each of said persons by (certified) (regis[ered) rr}ail. / . .~. /) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD lin the matter of applicant: Ernest Schneider SCTM# 1000-90-4-5.1 YOU ARE HEREBY GIVEN NOTICE: i. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a 4'x6' r~m~. onto a 4'x10' fixed dock with a 32"x16' seasonal aluminum r~I,. onto a seasonal 6'x20' floating dock secured by (2) 6~ diameter pilings. Install two 2-8~ mooring pilings. Construct a 4' wide wood chip or stone path through buffer area. L.. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1015 Lakeside Drive North, Southold, NY 11971 3. That the project which is subject to Environmental Review under Chapters 32, 37, or q7 of the Town Code is open to public comment on Wednesday, July 19, 2006 on or about 6:30pm. You may contact the Trustees Office at 765- 1892 or in writing. Tho above roferonccd proposal is undor review of tho Board of 'i'rustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Ernest Schneider MAtLING ADDRESS: P. O. Box 500 Southold, NY 11971 ~c.: Copy of sketch or plan showing ~ ~ p=opos== for your convenience. /.sM- --ri I II I I ('..''i~'~''~,,,~.,,~''''''Z'~'''~' ,.~,...~2/..2'-,, ,,,, .... ....7- -- - '"°° II II II Ij II I~ COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTHSTFIEET · P. QBOX2124 · GREENPORT, NEW YORK11944 · (631)477-1199/477-1393/477'0682 · FAX (631) 47%0005 AUTHORIZATION FORM (~a~ - (Business/Property Name) located at / n /5, 0 ,, . ~ ......... // ~/ - /, /' do hereby give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property. '/Date / ~i/gnature Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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 Permizs and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form shonld review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Soutbold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the 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 makina a determination that it is consistent to the maxiraum extent practicable with the LWR_p pol~'cy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be und...~ertaken. ' A copy of the LWRP is available in the following places: online at the Town of Southold's xvebsite (southoldtown.northfork.net), the Board of Trustees Office, the planmng Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION dUN 9 2005 The Application ha~ been submitted to (check appropriate response): i ........ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant', loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action:' /0/~ ~-~b~J~/~ If'm ~p~ca6on fon~e pmpos~ ~fion ~ been ~I~ ~ ~e To~ of Sou~old agency, the followin~ i~o~ati°n ~ be pro~d~: (c) Tei~hon~ n~b~: ~ code.() v~ { -~g ~ (d) Applica~n n~ber, if ~y:. Will ~c ac~on be d~ectly ~de~e~ ~, ~, orqapprov~ by a state or federal agency? Y~ ~ No~ My~,~wMch s~te or f~ agenc~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of develoPment in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page'2 for evaluation criteria. Yes ~-~ No ~NotApplicable, A~tach 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 n~ Yes ~ No ~ Not Applicable Attach additional sheets Policy 3. Enhance visual qualitY and protect scenic resources throughout the Town of Southold. Sc LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Yes ['~ No ~] Not Applicable Attach additional sheets if necessaxy NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16for' evaluation criteria .- ~ Yes ~'~ No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages. 16 through 21 for evaluation criteria [---] Yes [] No ~Not'APpliCable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 ·rough 32 for evaluation criteria. ~Yes ~'~ No ~ Not Applicable. ~ttach additional sheets if n~es~ary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Polici~ Pages 32 through 34 for evaluation criteria. ~'] Yes ~ Noah/Not Applicable A~ach additional sheets if necessary Policy 8. Minimize environmental degradatiOn in Town of Southold from solid waste and bazardou substances and wastes. See LWRP Section' III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, publiC lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes ~'] 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 LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes ~--] No ~ Not Applicable At~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ~he Peconic 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 1Z Protect agricultural lands in the Town of Southold. 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 LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes ['~ No [~ Not Applicable Created on 5/25/05 11.'20 AM Date: To: Proposal: June 16, 2006 Southold Town Trustees and Mark Terry Construct a 4'x6' ramp onto a 4'x10' fixed dock with a 32"x16' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by (2) 6" piling. ]Install two 2-pile mooring piling. Construct a 4' wide woodchip or stone path through buffer area. DEVELOPED Policy I COAST POL[Ci'ES 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. Our proposal is consistent with this policy in that it a dock structure that wilt be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish its self within a seasons time. The size of our dock structure is appropriate for this area. We are proposing a small 4' wide structure to access deep water then place a 6'x20' seasonal float to service a small boat. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect: and restore the quality and function of the Town of Southold's ecosystem. ()ur proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold, Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PUBLZC COAST pOI TCIES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters, Page 2 of 2 LWRP for Schneider WORKING COAST POLICIES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 4' wide minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources.