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HomeMy WebLinkAboutTR-6367 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 May 9, 2008 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: THOMAS O'NEILL 1420 SMITH DRIVE SOUTH, SOUTHOLD SCTM#76-3-10.1 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees to amend the extension letter issued on May 16, 2007: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Permit #6367, as issued on May 17, 2006, with expiration date of May 17, 2009. 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 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 May 16, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Patricia C. 51020 Main R~ Southold, NY 1 Esq. RE: Ot' 1420 SCTM#76-3-10. Dear Ms. Moore: !ILL The following action was Meeting held on Wednesda~ RESOLVED that the Permit #6367, as issued This is not an If you have any c Sincerely, an please do President, Board of Trustees SOUTHOLD Town Board of Trustees at their Regular Board of Trustees grants a One-Year Extension to 2006. ~gency. esitate to contact this office. JFK:lms PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 5, 2008 Board of Trustees Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED RE: THOMAS O'NEILL SCTM: 1000-76-3-10.1 Dear President King and Board: ~With~to the above, we hereby request an extension of the permit dated ~..._May 17, 2007. ~'-----Wc h~-wel'inally received all our permits and we are waiting for the contractor to begin. I am enclosing my check for $50.00 representing the renewal fee. Very truly yours, ~Moore PCM/bp encls. C: Mr. Thomas O'Neill PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 16,2007 Board of Trustees Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED RE: THOMAS O'NEILL SCTM: 1000-76-3-10.1 Dear President King and Board: With reference to the above, we hereby request an extension of the permit dated May 17, 2006. We applied to the NYS DEC and have been waiting a year for an inspection. As evidenced by our April 12, 2007 letter to them. We were promised after that letter that an inspection would be completed within a two week period. As of date, we have not been advised of an inspection. I am enclosing my check for $50.00 representing the renewal fee. PCM/bp encls. C: Mr. Thomas O'Neill PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary New York State Department of Environmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Claire Werner, Environmental Analyst April 12, 2007 RE: Thomas O'Neill SCTM # 1000-76-03-10.1 repair & replacement of existing marine structures Dear Ms. Werner Pursuant to ECL 70-0109 more than 15 days have lapsed from the date of the re-submission for request of additional information and more than ninety days have lapsed since our re- submission, the applicant may cause notice of such failure to be made to the department by means of certified mail return receipt requested addressed to the commissioner. If, within five working days after the receipt of such notice, the department fails to mail a decision, the application shall be deemed approved and a permit deemed granted subject to any standard terms or conditions applicable to such a permit. On April 1, 2005 my client applied for a permit for 52 linear feet of bulkhead in front of an existing rip-rap wall, 94 linear feet of low sill bulkhead to address an erosion problem, and 60 cy of dredging. On July 14, 2005 we received the Department's response which denied the low sill bulkhead as well as your recommendation of a low bulkhead. In response to this letter on August 10, 2005 we requested a site meeting with Mr. Hamilton to discuss the need to address the erosion along the west and the arbitrary recommendation to lower the height of the bulkhead. The adjacent property had just received a permit to build a high bulkhead and we proposed to meet the height of the neighbor's (Tyrer) bulkhead. After months of waiting, we were advised that Mr. Hamilton would not meet with us. On November 30, 2006 we submitted revised plans conforming to your recommendations expecting an immediate approval. We received a notice of receipt of re-submission dated December 1, 2006. There have been no further communications from the DEC to our plan. In November 2006 we were further advised by the Department of the Army that they have not issued their permit because they had not received the Environmental Conservation's Water Quality Certification (WQC) from the DEC. Our Southold Town Trustees permit was issued on May 17, 2006 and Dept of State issued their approval on January 18, 2007. My client must make immediate repairs to the dock and replace the existing piles in order to keep the structure safe. This structure was originally built in 1950's. Please advise when we may expect the permit. Very truly yours, cc: Thomas O'Neill Patricia C. Moore (fold #2) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL PERMITS NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOIq50 CiRCLE RD STONY BROOK NY 11790 PATRICIA C MOORE 51020 MAIN RD SOUTHOLD, NY 11971 (fold #1)--staple here NOTICE OF RECEIPT OF RESUBMISSION The Division of Environmental Permits has received the application referenced below. The material submitted is being reviewed by staff, and you will be advised in writing regarding the department's findings. In all future communications, please refer to the Application ID number. Application ID: Date Resubmitted.. Applicant: Facility: Description: DEC Contact: 1-4738-03458/00001 December 01, 2006 THOMAS O~NEILL O'NEILL PROPERTY reconstr dock, reconstr 5;)' bh, add re~tms, dredge, add geoweb ramp CLAIRE K WERNER PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 RoBert G. Kassner Legal Assistant Margaret Rutkowski Legal Secretary November 30, 2006 New York State Department of Environmental Conservation Building 40 - SUNY Stony Brook, New York 11790-235 Att: Clair Werner, Environmental Analyst Re: Thomas O'Neil 1420 Smith Drive, Southold SCTM# 1000-76-3-10.1 DEC Application # 1-4738-03458/00001 Dear Ms. Wemer: Responding to your letter of July 14, 2005, enclosed are 4 copies of the plan revised as you requested. This revised plan is a less intensive plan than originally proposed. If you have any questions, or require additional data, please contact this office. Encls. Cc. Thomas O'Neil NYS Department of State United States Army Corps of Engineers New York State DepartS! of Environmental Conse ion Division of Environmental P'~mlts, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 · FAX: (631)444-0360 Website: www.dec.state.ny.us Denise M, Sheehan Acting Commissioner July 14, 2005 Thomas O'Neill 1420 Smith Drive South Southold, NY 11971 Application # 1-4738-03458/00001 O'Neill Property, Smith Drive South, Southold Dear Mr. O'Neill: The Department of Environmental Conservation (DEC) has completed a review of the above application for a Tidal Wetlands permit to remove a fence and dock, construct 52' of new bulkhead, 109' of low sill bulkhead, add returns and dredge and we have the following comments. Staff object to the project as currently proposed, because it does not meet the standards for permit issuance pursuant to 6NYCRR Part 661.9 (b)(1)(i) (Tidal Wetlands Land Use Regulations). Specifically, the project will have an undue adverse impact on the present and potential values of the tidal wetlands at this site. The site contains valuable intertidal marsh/high marsh vegetation (IM/HM) along the shoreline west of the existing bulkhead and dock area. Installation of new bulkheading in this area will disturb and/or destroy the existing IM/HM. This constitutes an activity considered incompatible with the purpose and policy of the Tidal Wetlands Act to preserve and protect tidal wetlands and prevent their despoliation and destruction. We must therefore object to the project as cun'ently proposed. In order to avoid our objections, the Department recommends that the project be revised as follows. 1. Eliminate new bulkhead proposed west of the existing bulkhead and show reconstruction of the existing bulkhead in-place (not within 18" of the existing). 2. The area east of the existing bulkhead contains ItM vegetation. Staff indicate that the new bulkheading in this area must be proposed to be installed to the same elevation as the existing bulkhead. Please revise the project as described above and submit 4 copies of revised plans to my attention. If you have any questions, please do not hesitate to call me at (631) 444-0372. CCi P. Moore File Sincerely, Claire Werner Environmental Analyst James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6367 DATE: May 17~ 2006 ISSUED TO: THOMAS O'NEILL PROPERTY ADDRESS: 1420 SMITH DRIVE SOUTH~ SOUTHOLD SCTM # 76-3-10.1 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 ~, and in consideration of application fee in the sum of $250.00 paid by Thomas O'Neill and to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland permit to replace in-place the bulkhead landward of the dock, dredging 60 cubic yards to minus 3.5' seaward of the dock, repairs to the dock and floating dock, planting of Spartina alterniflora along the shoreline, replacement of rip rap, boat laun~ mesh, with the condition that the fences parallel to the shoreline are removed, and depicted on the plan prepared by Sea Level Mapping amended 11113/06. 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, Thomas O'Neill, 1420 Smith Drive South, Southold, 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 Perrnittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit 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 evidence to anyone concerned 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 furore 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 permit 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 Permittee of the completion of the work authorized. That th~ Permitte¢ will obtain all utlm pcmfit~ and con~cnt~ that ratty b~ tCUlulteO 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 Holzapfcl Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 17, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: THOMAS O'NEILL 1420 SMITH DR. SOUTH, SOUTHOLD SCTM#76-3-10.1 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on May 17, 2006 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of THOMAS O'NEILL applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 25, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 17, 2006, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposal complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has found the proposed construction to be consistent with the policies of the LWRP, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of THOMAS O'NEILL to replace in-place the bulkhead landward of the dock, dredging 60 cubic yards to minus 3.5' seaward of the dock, repairs to the dock and floating dock, planting of Spartina alterniflora along the shoreline, replacement of rip rap, boat launch mesh, with the condition that the fences parallel to the shoreline are removed, and all as depicted on the plan prepared by Sea Level Mapping amended 11/13/06. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees: $50.00 Very Truly Yours, President, Board of Trustees JFK/hkc 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 TO: ~"~0¢('~() (~ Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the ( v )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: $ ~), O0 BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Pegg~y A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~i IQ It~(- NameofApplicant: ~cr~o O' fig ti NameofAgent: ~v,~ [¢,x:~ Property Location: SCTM# & Street Brief Description of proposed action: ~qe of area to be impacted: _ Saltwater Wetland Freshwater Wetland SoUnd Front Bay Front Distance of proposed work to edge of above: P_~_C of Town Code proposed work falls under: hapt.97 Chapt. 37 other Type of Application: / Wetland __Coastal Erosion __Amendment __Administrative __Emergency Info needed: ~ Modifications: ~ ' - Conditions: Present Were: __TKin¢ ~ert~j:Dickcrson __Other: · Bergen~J.Holzapfel Mailed/Faxed to: Date: Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., May 10, 2006, the following recommendation was made: Moved by Jack McGreevy, seconded by James Eckert, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A CONDITION of the Wetland, Permit application of THOMAS O'NEILL to replace the existing bulkhead inkind/inplace, repair the existing dock/in-place with vinyl, dredge approx. 60 cy. from area to -3.5', and construct a Iow-sill bulkhead ramp with (2) 12' returns. Located: 1420 Smith Dr. South, Southold. SCTM#76-3-10.1 The CAC recommends Approval of the application only to repair the existing bulkhead within 18" with the Condition this will be the one-time repair within 18". Vote of Counci!: Ayes: All Motion Carried PLANlqING BOARD MEMBERS JERILYN B. WOOl)HOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ,ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: May 16, 2006 Re: Proposed Permit to Wetland Permit for Thomas O'Neill SCTM#1000-76-3-10.1 THOMAS O'NEILL requests a Wetland Permit to replace the existing bulkhead inkind/inplace, repair the existing dock in-place with vinyl, dredge approx. 60 cy. from area to -3.5', and construct a low-sill bulkhead ramp with (2) 12' returns. Located: 1420 Smith Dr. South, Southold. SCTM#76-3 - 10.1 The proposed action is located within a New York State Critical Environmental Area. The replacement of structures in-kind and in-place is a minor exempt action and not subiect to LWRP review. However~ the proposed dredging of 60 cubic yards and the construction of a Iow sill bulkhead is subiect to review. Dredging of the 60 cubic yards of spoil is generally CONSISTENT with the policies of the LWRP provided that that the following best management practices are imposed: 1. To further the intent of the LWRP and the policies, require the implementation of a floating turbidity screen silt/boom during re-construction activities of the structure to minimize turbidity in the water column In regard to the construction/extension of the bulkhead and low sill bulkhead; 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 construction of the low sill bulkhead is INCONSISTENT with the below listed (Policy Standards) therefore is INCONSISTENT with the LWRP Policy Standards l~. Use vegetative non-structural measures to manage flooding and erosion hazards. Use vegetative non-structural measures which have a reasonable probability of managing flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. Use vegetative measures to increase protective capabilities of natural protective features. Discourage cleating of existing, particularly indigenous vegetation during siting, design, construction and regrading phases of any development project. Discourage alteration of existing natural drainage contours and swales and encourage enhancement of those natural drainage features where they exist. C Enhance existing natural protective features and processes, and use non- structural measures which have a reasonable probability of managing erosion 1. Enhance the protective capabilities of beaches by using fill, artificial nourishment, dredge disposal, or by restoring coastal processes. a. Use only clean sand or gravel with a grain size equivalent to or slightly larger than the native material at the project site. b. Design criteria for enhancing the protective capabilities of beaches should not exceed the level necessary to achieve protection from a 30-year storm, except where there is an overriding public benefit. c. Provide for sand by-passing at engineered inlets or other shore protection structures to maintain coastal processes and protective capabilities of beaches. 2. Protect and enhance existing dunes or create new dunes using fill, artificial nourishment, or entrapment of windbome sand. a. Use only clean sand with a grain size equivalent or slightly larger than native dune material. b. Design criteria for created dunes should not exceed the overtopping height defined by the 30-year storm, except where there is an overriding public benefit. c. Enhance existing or created dunes using snow fencing and dune vegetation. d. Construct and provide for use of walkovers to prevent pedestrian damage to existing and enhanced dunes. 3. Increase protective capacity of natural protective features using practical vegetative measures in association with all other enhancement efforts. Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practical in providing erosion protection. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices Practical vegetative methods have been included in the project design and implementation. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. The need for the hardening of the shoreline through the construction of the bulkhead has not been demonstrated i.e. the rate of erosion. Policy 6.3 Protect and restore tidal and freshwater wetlands. It has not been demonstrated by the applicant that vegetative erosion control measures would not be successful in controlling erosion along the inter-tidal marsh. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Use Only Coastal Erosion Permit Application )~_Wetland Permit Application __ Amendment/Transfer/Extension q~,Rece~vved Application: ~eceived Fee:$ .-Gompleted Application~ Incomplete ~SEQRA Cl~sification: Type 1 Type II Unlisted Coordination:(date sent)~ ~AC Referral Sent: ~ate of Inspection: ~Receipt ofCAC Repo~: ~Lead Agency Dete~ination: Technical Review: ~lic Hearing Held: ~Resolution: C~e Name of Applicant Administrative Permit APR '" .... ~~/f~ /~/ Phone Number:( ) Suffolk County Tax Map Number: 1000- Propeay Location: (provide LILCO Pole ~, distance to cross streets, and location) (If applicable) Address: Phone: Board of Trustees Application GENERAL DATA Land Area (in square feet): ' Area Zoning: Previous use of property:~~ o~d~ t*~ ' Intended use of property: il~. Prior permits/approvals for site improvements: Agency Date ,~' No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? )~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: ~ O ~-- square feet Percent coverage of lot: / % Closest distance between nearest existing structure and upland edge of wetlands: ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: ~) feet Does the project involve excavation or filling? X Yes 6a If yes, how much material will be excavated? LO cubic yards How much material will be filled? O cubic yards Depth of which material will be removed or deposited: ~'~ Proposed slope throughout the area of operations: Manner 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 reason of such proposed operations (use attachments if appropriate): BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of THOMAS O'NEILL AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-76-3-10.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the 9th day of May, 2006, I personally posted the property known as , (SCTM: 1000-76-3-10.1) by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, May 17, 2006 on or about 6:30 p.m. Sv~Q. rn to-before me this '~/?~,~ of May, 2006. /~,/~ / otary Board of Trustees Application County of Suffolk State of New York ~-~.~-~k (~ ~0~ BE1NG DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY 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. S~gnature SWORN TO BEFORE ME THIS ~d DAYOF &g'/' ,20 0 (o Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at /~/t 2.O S~t~ (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 May 8, 2006 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: THOMAS O'NEILL PREMISES:1420 SMITH DRIVE SOUTHOLD SCTM # 1000-76-10.1 MAY - cs 2006 Dear Sir or Madam: Enclosed please find the Affidavit of mailing, together with certified mail receipts and green certified mail cards. Thank you. /Patricia Cf.~F/ore · By: Betsy~Pe-rkins, LA bp Enclosures BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of THOMAS O'NEILL Regarding f~ee~--~'-~,~.iCf~ n Applicant's Land Identified as 1000-76-3-10.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: ~ On th~./~ay of May, 2006, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt pos. t.4;narked by the S¢.~Jthold Post Office on said date. /J /Betsy P~r~ ! / ~ ,/(Signature .../; Sworn to before me this S~TH day of May, 2006. r (Notary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified In Suffolk County ~ Commission Expires June 3, ~Oo? PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. O'NEILL 1000-76-3-10.1 LIST TIMOTHY HOLLOWELL 1280 SMITH DRIVE SOUTH SOUTHOLD NY 11971 SCTM: 1000-76-3-11 RE: O'NEILL TRUSTEES HEA~ING 7192 6463 311n 0000 1024 GREGORY TYRER ANN MIKAL PO BOX 824 SOUTHOLD NY 11971 SCTM: 1000-76-3-6 ~L TRU~ G.~S H£AR~NG 7192 6463 3110 0000 1031 EMILY SCHACHTER ROBERT LINNER PO BOX 567 SOUTHOLD NY 11971 SCTM: 1000-76-2-37.3 RE: 0'NE':,.L TRUSTEES HEARING 7192 6463 3110 0000 1055 RECEIPT 7192 6463 3110 0000 ~ 055 FROM: PatdcJa C Moore RE: O'NEILL TRUSTEES HE,M~ RECEIPT 7192 6463 311o 0000 1024 FROM: Pat ficia C. Moore RE O'NEILL TRUSTEES SEND TO~: ~ ~, FEES: Postage RECEIPT 7192 6463 3110 0000 1031 FROM: patricia C. Moore SEND TO: GREGORY TYRER ANN MtKAL PO BOX 824 Sou"rHoLD NY 11971 FEES: .~.,~ _.¢%, ¢Os¥~k OR D~TE PART l--PROJECT INFORMATION 517.2~ Appendix C State Environmental Quality Review SHORT F--NVIRONIV1ENTAL ASSESSME?,IT FORM For UNLISTED ACTIONS Only SEC ~e$idential ~.!ncustriat '-~ -- Yes ~o Ir yes, lis~ agency name and oermiffaoDroval If [he action is in the Co¢=t;ral Area, and you are a state ace,nc'/, c'omptete the Coastal Assessm~.m' Form before proceeding with ~his as..~s, esament OVER PART [ll--Ot:l hZ~MINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse e fac, dentlhed above, determ ne ~ne her t s substan ~a, large, impor[am or otherwise significar Each effect should be assessed in connection with its la) selling (i.e. urban or rural); irreverslbility; (e) geograpn C scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure ~h. exmanadons contmn sufficient detail [o snow Ihat all relevant adverse impact§ have been identified and adequately addressed. ChecX :his box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly [o the FULL ~AF and/or prepare a positive'declaration. Check this bo× if you have determined, based on the information and analysis above and any suecortJng documema(rcn, that (~e proposed action WILL ,'~OT result in_~z, ny significant adverse environmental impacts AND provide on ~[t,~chments as necessary, [he reasons supporting this determination: .f COUNTY OF SUFFOLK Rea~ ~opes'ty Tax Service ~ THo~I~ d~'4I~~'L /ooo- ?~- ~-/o. i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 Margaret Rutkowski Secretary April 25, 2006 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Re: Thomas O'Neill SCTM#1000-76-3-10.1 Dear President King and Board: Enclosed please find application for replacement of bulkhead, in place, Maintenance & repair of existing dock, in kind & in place, and proposed low sill bulkhead for small boat access. Enclosed my check in the amount of $250.00 The existing structures were constructed in the 1950%, the westerly side of the bank has experienced erosion and the owner wishes to consult with the Board at your field inspection to address this condition. Please contact us for the time of your field inspection so that we can meet you at the property. Very trul ~yours, cc: O'Neill 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 Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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 LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy 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 office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Thomas O'Neill replacement, in place, of existing bulkhead, 52 linear feet of new bulkhead behind existing rip-rap, maintenance and repair existing dock (in kind & in place), low sill bulkhead ramp for small boat access SCTM# 1000- 76-3-10.1 1420 Smith Drive South, Southold The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Building Dept. Board of Trustees X 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: Thomas O'Neill replacement, in place, of existing bulkhead, 52 linear feet of new bulkhead behind existing rip-rap, maintenance and repair existing dock (in kind & in place), low sill bulkhead ramp for small boat access Location of action: 1420 Smith Drive South, Southold Site acreage: .5 acre Present land use: residential- existing structures built 1950's 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: Thomas O'Neill (b) Mailing address: 1420 Smith Drive South, Southold (c) Telephone number: Area Code ( 631 ) 765-3756 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. XYes No Not Applicable Maintenance of existing marine structures constructed in 1950's - property one of the first developed lots on dredged canal Owner experiencing erosion and requests erosion control measures and structures will be updated to environmentally appropriate materials Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No XNot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria XYes No Not Applicable Owner environmentalist- acquired open space across canal for preservation- existing structures require maintenance and erosion is occurring due to neighboring bulkhead constructed in last year. Property located on dredged Canal, owner wishes to replace non-environmentally recommended existing materials (CCA) with plastic inter-lock sheathing Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria XYes No Not Applicable Existing structures (dock) require repairs and replacement of bulkhead- erosion control and low sill ramp to prevent degradation of wetlands. 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 XYes No Not Applicable replacement of CCA material recommended. 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 through 32 for evaluation criteria. XYes No Not Applicable replacement of CCA material with plastic protects ecosystem. Owner maintains long history of environmental protection- owner of protected marsh across from canal since 1960's Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No XNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No XNot 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. XYes No Not Applicable Erosion of bank is causing filling in of canal and impacts navigation for owner and riparian users of canal. 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. XYes No Not Applicable Existing 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. XYes No Not Applicable Existing structures constructed in 1950's and are proposed to be replaced with environmentally appropriate materials. Use of low sill bulkhead proposed in area of erosion from small boat passage and reclaiming of low marsh. Work intended to promote wetland growth Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X 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 XNot Applicable </div> Site Plan Applicant: Thomas Oneiil Proposed: Bulkhead Purpose: Erosion Control SCT# 1000-76-3-10.1 Town: Southold Suffolk County, NY Datum: MSL NGVD'29 T~e Range: 2.4'+/- N Location Diagram Bulkhead Scale: 1" = 10' Applicant: Thomas Oneill Proposed: Bulkhead Purpose: Erosion Control SCT# 1000-76-3-10.1 Town: Southold Suffolk County, NY Datum: MSL NGVD'29 Tide Range: 2.4'+/- existing dp-rap & dried spoil vegetation to be graded ~ to remain behind wa1] \/ Wetland Boundary along line of wall Plesti, auger in J inter-lockin deadmen sheathin All materials from approved ]ist. (52 I.f.) match top of e~dsting //elev. +2.6 max. 10" dia. piles 6' o.c. with 5' above top of bulkhead MLW exist. Dredge hatched bttm. area [o -3.5 (MSL) oprox. ydS. material to be dried and graded es shown Proposed Reconstructed Bulkhead (24 I.f.) ~t elev. +2.6 'in place' of existing timber bulkhead and extend (2) returns to 12~\ Wet land Boundary - exist. blkd. / auger in ~' Plastic deadmen inter-locking sheathing 'in place' of existing timber max. 10' dia. piles 6' o.c. with 5' above top of bulkhead (8' penet.) A11 materials from approved list. maintenance & repair of dock 'in kind & place' Existing Bulkhead MHW MSL 0.0 MLW exist. bttm. Grade new "low sill" ramp with clean fill (max. 10 cu. yds.) space planking to allow planting marsh 12' o.c. reclaiming 100 s.f. of Low Marsh Wet la~un, dar, y along fenc~ e'~O~lo0 Plastic inter-locking sheathing 'Low Sill' Ramp Proposed 'Low Sill' Bulkhead 15 I.f. with (2) 12' returns - to prevent further slumping of marsh sill Elev +0.5 or 1' below MHW allow normal flooding of existing ~ fringe marsh & small boat access EI~v_ +~-.5 -' ' MHW .................. MSL 0.0 exlst. max. 6" dia. piles bttm. 6' o.c. (6' parer.) All materials from approved list. Prepared: 12-10-04 Amended: 02-14-06 O4-05-O6 site Plan N Applicant: Thomas Oneill Proposed: Bulkhead Repair Purpose: Erosion Control SCT# 1000-76-3-10.1 Town: Southold Suffolk County, NY Datum: MSL NGVD'29 Tide Range: 2.4'+/- Location -- Diagram Sea Level Mapping Prepared 12-10-04 Amended 02-14-06 O4-O5-O6 O8-26-O6 11-06-06 11-13-06 CrOss Sections Scale: 1" = 10' Applicant: Thomas Oneill SCT# 1000-76-3-10.1 Town: Southold Suffolk County, NY Datum: MSL NGVD'29 Tide Range: 2.4'+/- Place 50 s.f of additional Rip-Rap at comer of new bulkhead to the east grade 10- 50 # stone dried materail ~ ~ lawn ,/Elev Net land Boundary along line of wall ~ auger in ~\ dp-rap & deadmen vegetation to remain undisturbed 52 If of new "Low'' Bulkhead using vinyl with top of bulkhead at same elevations as existing +2.6 weep holes at MSL to allow tidal action tall piles at 6' o.c. Dredge Area in front of new 'Low' Bulkhead to -3.5 max. 60 c.yds. to be dried and used as backfill any excess trucked off site New 'Low' Bulkhea, MLW exist. bttm, Reconstruct Bulkhead "in place' of existing using vinyl sheathing 24 I.f at existing elevation extend (2) retums to 12' Net)and Boundar 1 O" dia. piles 6' o.c. ex&st. blkd. auger in' deadmen eto -3.5 reconstruct existing Dock "in kind & place' with 4 new piles on north side Existing Bulkhead & Docl MHW MSL 0.0 MLW exist, bttm. All materials from approved list. Place 15' x 2(7 GeoWeb "ramp" and plant cells of ramp and shoreline to dock with aitema flora TOWN Iow normal flooding smalll boat access ............. MHW ........... MSL 0.0 ............. MLW ~ exist. bttm. "GeoWeb" Ramp Sea Level Mapping Prepared 12-10-04 Amended 02-14-06 O405-06 08-26-06 11-06-06 11-13-06 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 4, 2007 Mr. Thomas O'Neill 1420 Smith Drive, South Southold, NY 11971 RE: 1420 SMITH DRIVE, SOUTH, SOUTHOLD SCTM# 76-03-10.1 Dear Mr. O'Neill: The Southold Town Board of Trustees reviewed the survey prepared by Peconic Surveyors, P.C., last dated April 29, 1999 and received on May 3, 2007, and determined the proposed construction of an 8'xl 2' shed to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111 ) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Jam~es F. King, Pre~sident Board of Trustees JFK:eac SM/TH N. 80'30'00' E. DRIVE 50uTH 84.48' pj W, / 5, SURVEY OF PROPERTY A T BAY VIEW TOWN OF SOUTHOLD SUFFOLK COUNTY,N Y. 1000 - 76 - 05 - 10.1 Sade, 1" = $0' April29, 1999 AREA = $7,$79 sq. ft to tie line ANY ALTERATION OR ADDITION TO THIS SURVEY 15 A VIOLATION L CE~r..A ADDITIONALLY TO CO~W.Y MTH S,410 I..4F/ THE TE~M ',4L TERE~ BY" MUST ~E ~ 8Y ,4NY ~ ALL SUR~fOl~$ UT'I/.ZZ~N~ .4 CO~Y 5. LIC. NO. 4961 ?.c.