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HomeMy WebLinkAboutTR-6565 J. Koe Environmental Consult Services March 6,-2009 Mr. James King, President Southold Town Board of Town Trustees PO Box 1179 Southold, N.Y. 11971 RE: Permit # 6565, Belvedere Property Management LLC Robins Island, Dock/Pier approvals Dear Mr. King: At the present time we respectfully request to extend the above noted Permit# 6565 (copy enclosed) which was issued on April 18, 2007. We have enclosed a check in the amount of$ 50.00 for the applicable fees. Please feel free to contact our office with any questions regarding this matter. Most sincerely, k4e# enn E. J t ! f i MAR 1 1 2009 i Phone (01) 65.3-0607 • Fax (6-81) ,663-3-348 12:1 Jessup Ave- * 2nd: James F. King,President \QF SO!/ry Town Hall Annex Jill M. Doherty,Vice-President ,`O� 54375 Main Road 1179 Peggy A. Dickerson P.O Box Southold, New York 11971-0959 Dave Bergen H Bob Ghosio,Jr. �� �Q Telephone(631) 765492 _ ��►`,O '� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 22, 2.009 Mr. Glenn E. Just ' J.M.O. Environmental Consulting Services 121 .Jessup Ave. P.O.. Box 447 Quogue, NY 1.1959-0447 RE: BELVEDERE PROPERTY MANAGEMENT, LLC ROBINS ISLAND, NEW SUFFOLK SCTM#134-3-5 Dear Mr. Just: The following action was taken.by the Southold Town Board of Trustees at their Regular Meeting held on Wed., April 22, 2009: RESOLVED, that the Southold Town Board.of Trustees grants a One-Year Extension to Permit#6565, as-issued on April 18, 2007 and Amended on January 23, 2008. This is not an approval-from any other agency. Sincerely, o Ja s F. King President, Board of Trustees JFK:Ims ,C N STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ELIOT SPITZER 99 WASHINGTON AVENUE LORRAINE A. CORTES-VAZQUEZ GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE February 27, 2008 Mr. Glenn E. Just JMO Environmental Consulting P.O. Box 447 Quogue, New York 1 1959 Re: F-2008-0164 (formerly F-2004-0900) U.S. Army Corps of Engineers/New York District Permit ` Application - Belvedere Property Management, LLC j ' 6' x 6' platform, 42" x 14' ramp leading to a 6' x 60' float dock, F relocate shellfish float, remove (2) mooring piles, remove 2 pipe anchors & install 2 green heart anchor piles. I' MAA 1 0 2008 DEC #1-4738-00950/00033 I T/Southold #6565 Peconic Bay, Town of Southold, Suffolk County i "r,:'4 ____• ._ General Concurrence Dear Mr. Just: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on February 22, 2008. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and the Department's concurrence with an individual consistency certification for the proposed activity, are not required. This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses, permits, other forms of authorization or approval that may be required pursuant to existing State statutes. When communicating with us regarding this matter, please contact us at(518) 474-6000 and refer to our file 4F-2008-0164. Sincerely, J ell pervisor of Consistency Review Division of Coastal Resources JZ/dc cc: COE/New York District- Michael Vissichelli DEC/Region 1 - John Weiland Town of Southold Bd. of Trustees, James King WWW DOS STATE NY.US • E-MAIL INFO@DOS STATE NY US P�BESP07@1C?_._.._ do'e,v�vs;o.•/ s}y:sa•-s' n+ao�os�/vev AAw idk.,Yp+.+'soec t+wrw+ ��ara .ieerss/�wlFaKr� 7Dsds...ihliTJcs,�:, . /�/L/N44-1'b /6E 7aRGP.bfGrJ•RQGOCA�Y�i :aeMovR CS�+i1: AMf:�veWRf . �ISTAGL 1•�vGW + - t -"� - 1L .4A,e, ,rarxnayKYNs,3 r- APPROVED by �� a � L[AR© OF TRUSTEES °b pE^ - _�C' 'QWN OF SOUTHOLD k !.V ATOWr WwW"-AA*tws e:p ,trpr:�c.�vr MOO,tE 4 4prr4e, Amso /T /2S/.dledr /VE ow rAiE 4MQAc/cs43 Neta/YORK,N.y./Oazo-o4- ARQadRF-O �1►: lrxZa5-,"s rS.SCV7WV40� N.Y.) coria r co M.weTw�ro ce v Wff4Cr %0* 4=WmdY4 =Farm �.o.8otc 2/24 af.Q�mv/�AaT,N.Y. y94� (csr) 4?I-�,Vf, _ _�loKt,zao7 ewr Y�s� SHEET 1 �' 1 0 James F. King,President soory Town Hall Jill M. Doherty,Vice-President ,�0� O� 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen G Q �� Telephone (631)765-1892 Bob Ghosio,Jr. Telephone Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 23, 2008 Mr. Glenn E. Just J.M.O. Environmental Consulting P.O. Box 447 Quogue, NY 11959-0447 RE: BELVEDERE PROPERTY MANAGEMENT, LLC ROBINS ISLAND, NEW SUFFOLK SCTM# 134-3-5 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, January 23, 2008: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6565 to construct a 6'x6' cantilevered platform, install a 42"x14' aluminum ramp leading to a 6'x60' floating dock to be secured by four (4) anchoring piles, relocate an existing shellfish float, remove two (2) existing 2-pile dolphins, remove two (2) existing pipe anchors and install two (2) new greenheart anchor piles, and as depicted on the revised survey prepared by Costello Marine Contracting Corp., last dated November 21 , 2007, and received on December 3, 2007. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK:eac • o�gUFFQ(,fco Donald Wilder,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 • `g Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 16, 2008, the following recommendation was made: BELVEDERE PROPERTY MANAGEMENT, LLC to Amend Permit #6565 to construct a 6'X 6' cantilevered platform, install a 42"X 14' aluminum ramp leading to a 6'X 60' floating dock to be secured by four (4) anchoring piles, relocate an existing shellfish float, remove two (2) existing 2-pile dolphins, remove two (2) existing pipe anchors and install two (2) new greenheart anchor piles. Located: Robins Island, New Suffolk. SCTM#134-3-5 The CAC did not make an inspection, therefore no recommendation was made. • 0 James F. King,President QF soaTyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. �O Telephone (631) 765-1892 �IyPOUNTV Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: BELVEDERE PROPERTY MANAGEMENT, LLC requests an Amendment to Permit#6565 to construct a 6'X 6' cantilevered platform, install a 42"X 14' aluminum ramp leading to a 6'X 60' floating dock to be secured by four (4) anchoring piles, relocate an existing shellfish float, remove two (2) existing 2- pile dolphins, remove two (2) existing pipe anchors and install two (2) new greenheart anchor piles. Located: Robins Island, New Suffolk. SCTM#134-3- 5 Type of area to be impacted: / _Saltwater Wetland _Freshwater Wetland _Sound ✓ Bay Distance of proposed work to edge of above: 'T- of Town Code proposed work falls under: _Chapt.275 Chapt. I II _other Type of Application: " Wetland_Coastal Erosion_Amendment Administrative _Emergency_Pre-Submission Violation_Planning Info needed: Modifications: Conditions: Present Were: _J.King _J.Doherty_P.Dickerson_D. Bergen_ B. Ghosio, Jr _H. Cusack_D. Dzenkowski_Mark Terry_other Form filled out in the field by Mailed/Faxed to: Date: Environmental Techn' ian / Reviewer.,j n� GaC& W h^00 1S -rho ( tl A .fv- -rue .�' i 0&w 7 OFFICE LOCATION: so MAILING ADDRESS: Town Hall Annex "Co P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY 0 C Telephone: 631 765-1938 �O Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trusteees/s��' From: Mark Terry, Principal Planner(3fn g - LWRP Coordinator Date: January 23, 2008 Re: Request for Amendment to Wetland Permit for BELVEDERE PROPERTY MANAGEMENT,LLC SCTM#134-3-5 BELVEDERE PROPERTY MANAGEMENT, LLC requests an Amendment to Permit#6565 to construct a 6'X 6' cantilevered platform, install a 42"X 14' aluminum ramp leading to a 6'X 60' floating dock to be secured by four (4) anchoring piles, relocate an existing shellfish float, remove two (2) existing 2-pile dolphins, remove two (2) existing pipe anchors and install two (2) new greenheart anchor piles. Located: Robins Island, New Suffolk. SCTM#134-3-5 THE PROPOSED ACTION IS LOCATED ADJACENT TO ROBIN'S ISLAND; A SIGNIFICANT FISH AND WILDLIFE HABITAT AREA (Attached) The proposed action has been reviewed to Chapter 268, 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 CONSISTENT provided that the following sub policies are met; 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 0 0 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following proposed action meets the dock standards pursuant to § 275-11. Construction and operation standards. (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 will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property 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 maritima)or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [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. Note the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensurine adequate provision of infrastructure for water-dependent uses and their efficient operation Due to the isolation of Robins Island, access is achieved by vessel or aircraft. The island is not reachable otherwise. The inhabitants are dependent upon vessels for health,safety and welfare and therefore the access to the island by vessel and the necessary infrastructure to support such access is essential. The use of a vessel as transportation to and from Robins Island is a water dependent use. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. COASTAL FISH& WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Robins Island Designated: March 15, 1987 Date Revised: May 15,2002 County: Suffolk Town(s): Southold 7V2' Quadrangle(s): Southampton,NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical,structural, and chemical features supporting this community. ER assessment:Undeveloped marine island is rare in New York State. 64 Species Vulnerability(SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Eastern mud turtle(E)found here. Osprey(SC) nesting. Piping plover(E, T-Fed)and least tern(T) also nest periodically. Calculation: 36+(36/2) + (25/4)+(16/8)= 62.25 Human Use (HU)— the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses,either consumptive or non-consumptive,in the area or directly dependent upon the area. HU assessment: Access to this island is restricted and,therefore, there is no recreational or commercial fish and wildlife related human use. 0 Population Level(PL)--the concentration of a species in the area during its normal, recurring period of occurrence,regardless of the length of that period of occurrence. PL assessment: The concentration of nesting ospreys is unusual in the State of New York. 16 Replaceability(R)--ability to replace the area,either on or off site,with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. R assessment: Irreplaceable. 1.2 Habitat Index= f ER+ SV+HU+PLI = 142.3 Significance=HI x R= 170.7 Page 1 of 6 • • NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE ROBINS ISLAND LOCATION AND DESCRIPTION OF HABITAT: Robins Island is situated between Great and Little Peconic Bays, Long Island. This island lies approximately one and one-quarter miles southwest of Little Hog Neck, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southampton, NY). Robins Island is an undeveloped marine island, approximately 450 acres in size. It includes approximately four miles of stony beach, several freshwater and tidal saltwater marshes, an island pond and bog, mature wooded areas, grassland and maritime shrublands. The island is privately owned with a protective easement on all land except pre-existing built areas, and one new single family house. FISH AND WILDLIFE VALUES: Undeveloped marine islands of this size are rare in New York State. Robins Island provides a secluded habitat for a variety of wildlife species, including several endangered and threatened species. The New York Natural Heritage Program has documented occurrences of a number of rare plants and ecological communities on the island, including salt-marsh spikerush, purple everlasting, seabeach knotweed, and the coastal salt pond community. Osprey (SC) nests have often been observed on the shores of the island with 8 active nest sites currently documented. Robins Island is the only area on Long Island where osprey are known to nest on natural structures rather than man-made platforms. Least terns (T), roseate terns (E), and common terns (T)were reported nesting on the island's beaches in 1976; however, only least tern have been documented since then. Small numbers of least tern nested here on two occasions in the late 1980s. In 1996, 206 pairs of this species were documented. Piping plover(E, T-Fed) have nested sporadically and in small numbers(1-2 pairs) since the mid-1980s. During the 1970s and early 1980s, black-crowned night herons, snowy egrets, yellow-crowned night herons, and green herons nested in an extensive heronry which is no longer present. These species still feed in and around the marshes located at the northwestern end of Robins Island. Red-tailed hawks and great-horned owls may also nest on the island. Shorebirds utilize the shores and marshes as feeding grounds during migration, including black-bellied plover, ruddy turnstone, lesser yellowlegs, greater yellowlegs, sanderling, and semi-palmated sandpiper. The Robins Island nearshore area is an important overwintering area for populations of American black duck, and for sea ducks such as white-winged scoter, surf scoter, and black scoter. A colony of bank swallows nest in the sandy bluffs located on the western shoreline of the island. Approximately 400 acres of upland oak-hickory woods provide habitat for a variety of passerine birds and a population of white-tailed deer. Page 2 of 6 Wetlands on the island support one of the best populations of eastern mud turtle (Kinosternon suhruhrum, E) in New York State. Spotted salamander are also found on Robin's Island. The waters in the vicinity of Robins Island provide an important recreational fishery and lobster harvest, as well as some scallop harvesting opportunities. However, because access is restricted, there is currently no recreational use of the island itself. IMPACT ASSESSMENT: Human disturbance of any part of Robins Island, including the beaches, marshes or woodlands would adversely affect the wildlife species which nest and feed on and around this almost uninhabited island. Any activity affecting the water quality in this area would adversely impact the bay scallop and other fisheries here. Any alteration of hydrology on the island, such as artificial openings to the bay or water diversions for construction or other activities, could negatively impact the rare coastal salt pond habitat. Elimination of open water or wetland areas, through excavation, filling, or shoreline hardening, would result in a direct loss of valuable habitat in coastal ponds and other habitats on the island. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Nesting shorebirds inhabiting Robins Island are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities(e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. The feasibility of restoring historical nesting bird populations on the island, such as common tern and roseate tern populations and the diverse heronry should be studied. Page 3 of 6 , . M.o. Environmental Consulting Services At � SU � n� November 30, 2007 Y Mr. James F. King, President Board of Town Trustees p Er - 3 ;C61 Town of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 - - RE: Permit ID No. 6565, Belvedere Property Management, LLC. Robins Island, S.C.T.M.No. 1000-134-3-5 Dear Mr. King: At the present time, we are seeking to modify this permit (copy enclosed) which was issued on 4/18/07. The proposed permit modifications are for the following: 1. The construction of a 6'x 6' cantilevered platform 2. The installation of a 42"x 14' aluminum ramp leading to a 6'x 60' float dock to be secured by (4) anchoring piles. 3. To relocate an existing shellfish float. 4. To remove (2) existing 2-pile dolphins. 5. To remove (2) existing pipe anchors and install (2) new greenheart anchor piles. For your review, I have enclosed copies of the plans depicting these proposed permit modifications. As always, should you have any questions regarding this project please feel free to contact our office at your convenience. Mo s' er , enn . ust Cor'6"' Phone (63 i) 653-0607 • Fax (631) 653-3348 56la,13Y 121 Jessup Ave • 2nd Floor • P,O. Box 447 Ouogue, New York 11959-0447 I 0 J.M.O. Environmental Consulting Services Phone (631 ) 653-0607 • Fax (631 ) 653-3348 it 121 Jessup Ave • 2nd Floor • P.O. Box 447 Quogue, New York 11959-0447 FAX COVER SHEET TO: Zaacer—\ S diS� l Date: Company Name: a"AAQ1e\0 I&jf \ - Attention: fax Number: Number of Pages Including Cover: FROM: 195z� RE: �1Afb0lF�U�ct`G�n ' \l noiRm-ed ,I_tL, J�4,6hc,-Ssla MESSAGE: 4tu1c� ` S If you do not receive the correct number of pages, please call out office as soon as possible. James F. King,President ��q soyo Town Hall Jill M.Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson /� P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen Bob Ghosio,Jr. 0 �� Telephone(631) 765-1892 �ycou Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of J.1 _��✓_2QfLAZ..__AaDpeA 'y_`n_/lvmlQatt C COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, C11PAri residing at (` \ t emu C_ being duly swo �, depose and say: That on the B ly� ay of2008 I personally posted the property known as h:C1C Sz\r31N6 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 a2ab�.c�t-C�;OD � Dated: (sig ture) Sworn to ore me this day o ",200 g )tary Public M '4 �� 01 m N=ovembor 1 ,20�� James F. King, President so Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. Telephone(631) 765-1892 ,YCOUON 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 1s` day of construction % constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6565 DATE: APRIL 18, 200 ISSUED TO: BELVEDERE PROPERTY MANAGEMENT, LLC PROPERTY ADDRESS: ROBINS ISLAND, NEW SUFFOLK SCTM#134-3-5 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 April 18,2007, and in consideration of application fee in the sum of$250.00 paid by Belvedere Property Management LLC and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Boa of Trustees authorizes and permits the following: Wetland Permit to construct a 6'X 80' extension, with wave-breaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder, and as depicted on the plans prepared by Costello Marine Contracting Corp. dated August 2, 2004. 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. y 0 4�o1 TERMS AND CONDITIONS The Permittee Belvedere Property Management, LLC located at 1251 Avenue of the Americas. NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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. 2. 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. 3. 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. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. 7. 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. S. 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. 9. That the said Board will be notified by the Permittee 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 �OF soUjy Town Hall Jill M. Doherty, Vice-President `O� Ol0 53095 Route 25 Peggy A. Dickerson * # P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G Bob Ghosio, Jr. �O Telephone(631) 765-1892 Oly�,OU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 18, 2007 Mr. Glenn E. Just J.M.O. Environmental Consulting P.O. Box 447 Quogue, NY 111959-0447 RE: BELVEDERE PROPERTY MANAGEMENT, LLC ROBINS ISLAND, NEW SUFFOLK SCTM#134-3-5 Dear Mr. Just: The Board of Town Trustees took the following action during its regular meeting held on Wed., April 18, 2007 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting on behalf of BELVEDERE PROPERTY MANAGEMENT, LLC 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 March 23, 2007, 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 LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 18, 2007, 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, 2 • 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of BELVEDERE PROPERTY MANAGEMENT, LLC to construct a 6'X 80' extension, with wave-breaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder, and as depicted on the plans prepared by Costello Marine Contracting Corp. dated August 2, 2004. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, C5:F- Ja es F. King President, Board of Trustees JFK/Ims James F. King, President "hOf SOUTyo Town Hall Jill M. Doherty,Vice-President �0 �� 53095 Route 25 Peggy A. Dickerson l� P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. Telephone (631)765-1892 �yCow, Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated 31o2310'3 has been reviewed by this Board at the regular meeting of g114?107 and the following action was taken: ( ✓ ) 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: if"W- P lt- 0-tctl rl -g SU .OU TOTAL FEES DUE: $ '3) ,O'b BY: James F. King, President Board of Trustees • o�OgUfFO(,�co • Gyp Telephone O Town Hall (63 1)765-1892 N - Z 53095 Route 25 O yC 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., April 11, 2007, the following recommendation was made: BELVEDERE PROPERTY MANAGEMENT, LLC to construct a 6'X 80' extension, with wave-breaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder. Located: Robins Island, New Suffolk. SCTM#134-3-5 This application was inspected by Peter Young and Don Wilder and both members Support the application with the recommendation the construction materials are consistent with best management practices. James F. King; President Qf soy j/y Town Hall Jill M. Doherty,Vice-President O ��� 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Dave Bergen N jigSouthold,New York 11971-0959 Bob Ghosio,Jr. �O Telephone-(631) 765-1892 IiYCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees i Field Inspection/Work session Report Date/Time: "1 ( +- 01 BELVEDERE PROPERTY MANAGEMENT, LLC requests a Wetland Permit to construct a 6'X 80' extension, with wave-breaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder. Located: Robins Island, New Suffolk. SCTM#134-3-5 Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound /Bay Distance of proposed work to edge of above: Papt of Town Code proposed work falls under: _Chapt.275 _Chapt'. 1/11 _other Type of Application: `/ Wetland_Coastal Erosion_Amendment Administrative _Emergency_Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: VJ.King V J.Doherty_P.Dickersony D. Bergen_ B. Ghosio, Jr H. Cusack_D. Dzenkowski_Mark Terry_other Mailed/Faxed to: Date: Environmental Technician Review Robins Island 'George Rd ti o ewSuffolk St - n O and , I St, NY 11935 I (0 _ I t LL V .J-- New Suffolk Ave onISt \� 'r 0 mi 02 0A 0.8 0.8 Sheets98 C�pyri�1O198&1997,t,5ppsp0 CapMatiM mW/or im�uPPOBr%A➢ri0f�na&vetl. Pl6eeevisd=wobvleeltIWAm SIV4Mc Paget _.btr,amsR .. 'NFHSv/i!oLK -Foamy D Or R--�lNS 1•�rL� ji '�r " 4AZOW7- IiL ANO. /ig�wiG lseoNic VLI- rJ.4y V/GlviL71yt4P / MAViVrAdw"7wR G Z www/4p i o/c+riNuwar-Te. Orr. ` .v`` sr a"MAX0 ' c:spm_ _ l.�n6is■oc Nfi�s)1i! \ S _ _ Les�riew , I�IO� .2•?oA"N -ZSs.A"O _ �OLA7ZON-AAAIP- �Y..Ysi�TtR i/S/N'Os�ARi.�i /s74INQ . O .IwbR COPY 4/O �M004E C�dPIT�L Misil'T . !'j6/�YG.vt/1F 4�T•W.dMsQ/GB ^fti.,.e yo u t, .v.y /eoso-lio4. (I1.0anvS ts. 3oulr/ocp .v y. 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APPL ICAAfr Mon4TA4yKTCOPY oEc NRhr YORK,../•Y. /0020 //404 7eIt6f7vIit� .FiT;• /.Qo,04vf.l3•. SoufJclotOi ".V..) Ovtl'QLGo IvleiZwvE eoNr>'aA�-I.v�n.cclaq Scrrr /000-iso-3-S .EvCm 2.0,9704t .WEET4 or OFFICE LOCATION: rjf $U(/lyo MAILING ADDRESS: Town Hall Annex �� �O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) H Southold, NY 4 Telephone: 631 765-1938 OIy��UMY � a Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees` From: Mark Terry, Principal Planner V\lxV LWRP Coordinator Date: April 16, 2007 Re: Request for Wetland Permit for BELVEDERE PROPERTY MANAGEMENT,LLC SCTM# 134-3-5 BELVEDERE PROPERTY MANAGEMENT,LLC requests a Wetland Permit to construct a 6'X 80' extension, with wave-breaks, onto an existing pier,to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder. Located: Robins Island, New Suffolk. SCTM#134-3-5 THE PROPOSED ACTION IS LOCATED ADJACENT TO ROBIN'S ISLAND; A SIGNIFICANT FISH AND WILDLIFE HABITAT AREA(ATTACHED). The proposed action has been reviewed to Chapter 268, 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 CONSISTENT provided that the following sub policies are met; 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following proposed action meets the dock standards pursuant to &275-11. Construction and operation standards (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 will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property 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 maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [ll] 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. Note the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation Due to the isolation of Robins Island. access is achieved by vessel or aircraft The island is not reachable otherwise. The inhabitants are dependent upon vessels for health safety and welfare and therefore the access to the island by vessel and the necessary infrastructure to support such access is essential. The use of a vessel as transportation to and from Robins Island is a water dependent use. The term Water-dependent use means a business or other activity which can only be conducted in,on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity,the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. b. Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal government, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: 3. Maintain existing, and, where necessary for water-dependent uses, construct new, shoreline stabilization and engineering structures such as piers,wharves,jetties, and bulkheads. 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: Kieran Corcoran, Assistant Town Attorney John Sepenoski, Chair, LWU Coordinating Council COASTAL FISH& WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Robins Island Designated: March 15, 1987 Date Revised: May 15,2002 County: Suffolk Town(s): Southold T/2' Quadrangle(s): Southampton,NY Assessment Criteria Ecosystem Rarity(ER)--the uniqueness of the plant and animal community in the area and the physical,structural,and chemical features supporting this community. ER assessment: Undeveloped marine island is rare in New York State. 64 Species Vulnerability(SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Eastern mud turtle(E) found here. Osprey(SC)nesting. Piping plover(E, T-Fed)and least tern(T)also nest periodically. Calculation: 36+(36/2)+ (25/4) + (16/8)= 62.25 Human Use (HU)— the conduct of significant,demonstrable commercial, recreational, or educational wildlife-related human uses,either consumptive or non-consumptive,in the area or directly dependent upon the area. HU assessment: Access to this island is restricted and,therefore,there is no recreational or commercial fish and wildlife related human use. 0 Population Level(PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: The concentration of nesting ospreys is unusual in the State of New York. 16 Replaceability(R)--ability to replace the area,either on or off site,with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife,for the same users of those fish and wildlife. R assessment: Irreplaceable. 1.2 Habitat Index= [ER+ SV+HU+PL] = 142.3 Significance=HI x R= 170.7 Page 1 of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE ROBINS ISLAND LOCATION AND DESCRIPTION OF HABITAT: Robins Island is situated between Great and Little Peconic Bays, Long Island. This island lies approximately one and one-quarter miles southwest of Little Hog Neck, in the Town of Southold, Suffolk County (7.5'Quadrangle: Southampton, NY). Robins Island is an undeveloped marine island, approximately 450 acres in size. It includes approximately four miles of stony beach, several freshwater and tidal saltwater marshes,an island pond and bog, mature wooded areas, grassland and maritime shrublands. The island is privately owned with a protective easement on all land except pre-existing built areas, and one new single family house. FISH AND WILDLIFE VALUES: Undeveloped marine islands of this size are rare in New York State. Robins Island provides a secluded habitat for a variety of wildlife species, including several endangered and threatened species. The New York Natural Heritage Program has documented occurrences of a number of rare plants and ecological communities on the island, including salt-marsh spikemsh, purple everlasting, seabeach knotweed, and the coastal salt pond community. Osprey (SC) nests have often been observed on the shores of the island with 8 active nest sites currently documented. Robins Island is the only area on Long Island where osprey are known to nest on natural structures rather than man-made platforms. Least terns(T), roseate terns(E), and common terns(T) were reported nesting on the island's beaches in 1976; however, only least tern have been documented since then. Small numbers of least tern nested here on two occasions in the late 1980s. In 1996, 206 pairs of this species were documented. Piping plover(E, T-Fed) have nested sporadically and in small numbers (1-2 pairs) since the mid-1980s. During the 1970s and early 1980s, black-crowned night herons, snowy egrets, yellow-crowned night herons, and green herons nested in an extensive heronry which is no longer present. These species still feed in and around the marshes located at the northwestern end of Robins Island. Red-tailed hawks and great-horned owls may also nest on the island. Shorebirds utilize the shores and marshes as feeding grounds during migration, including black-bellied plover, ruddy turnstone, lesser yellowlegs, greater yellowlegs, sanderling, and semi-palmated sandpiper. The Robins Island nearshore area is an important overwintering area for populations of American black duck, and for sea ducks such as white-winged scoter, surf scoter, and black scoter. A colony of bank swallows nest in the sandy bluffs located on the western shoreline of the island. Approximately 400 acres of upland oak-hickory woods provide habitat for a variety of passerine birds and a population of white-tailed deer. Page 2 of 6 Wetlands on the island support one of the best populations of eastern mud turtle (Kinosternon subrubrunz, E) in New York State. Spotted salamander are also found on Robin's Island. The waters in the vicinity of Robins Island provide an important recreational fishery and lobster harvest, as well as some scallop harvesting opportunities. However, because access is restricted, there is currently no recreational use of the island itself. IMPACT ASSESSMENT: Human disturbance of any part of Robins Island, including the beaches, marshes or woodlands would adversely affect the wildlife species which nest and feed on and around this almost uninhabited island. Any activity affecting the water quality in this area would adversely impact the bay scallop and other fisheries here. Any alteration of hydrology on the island, such as artificial openings to the bay or water diversions for construction or other activities, could negatively impact the rare coastal salt pond habitat. Elimination of open water or wetland areas, through excavation, filling, or shoreline hardening, would result in a direct loss of valuable habitat in coastal ponds and other habitats on the island. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Nesting shorebirds inhabiting Robins Island are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities(e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. The feasibility of restoring historical nesting bird populations on the island, such as common tern and roseate tern populations and the diverse heronry should be studied. Page 3 of 6 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518) 474-6000 NYSDEC—Region I State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 444-0354 Wildlife Manager NYSDEC—Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (631) 444-0310 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite I East Setauket, NY 11733 Phone: (631) 444-0430 New York Natural Heritage Program Wildlife Resources Center 700 Troy-Schenectady Road Latham, NY 12110 Phone: (518) 783-3932 Town of Southold Town Hall 53095 Main Road; P.O. Box 1 179 Southold,NY 11971 Phone: (631) 765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 Page 4 of 6 Cornell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 1 1971 Phone: (63 1) 852-8660 Mike Scheibe[ The Nature Conservancy Mashomack Preserve 79 South Ferry Road Shelter Island,NY 11964 Phone: (631) 749-1637 Norman Soule Cold Spring Harbor Fish Hatchery P.O. Box 535 Cold Spring Harbor, NY 11724 Phone: (63 1) 692-6768 PaulStoutenburgh 4015 Skunk Lane Cutchogue, NY 1 1935 Phone: (631) 734-6605 Page 5 of 6 , DOWNS CREEK / • S, O U T •°H 0 L D ,".„M" Iwo NORT R ACE n -'.'r • ROBINS ISLAND 4o „ p � wao�ro Pte. SOUTH TOWDPOINT o m — _ n COW NECK o i J °smu P \ n°.eo, � U / ki i Fie To print on 85 s 1 I set printer to Fit to Print or reduce by 649u Pe6e G or 6 Office Use Only _Coastal Erosion Permit Application Wetland Permit Application _Administrative Permit Amendment(Transfer/Extension !Received Application: D7 ; ReceivedFee:$ cZST _Completed Application _Incomplete _SEQRA Classification: Type I_Type 11—Unlisted Coordination:(date sent) =CAC Referral Sent: N (3 ;,iia ��'07 _Date of Inspection: — Receipt of CAC Report: _Lead Agency Determination: _ Technical Review: _Public Hearing Held: 9 ( 0 _Resolution: .(t1�P ✓ NameofApplicant Belvedere Property Management, rrr Address 1251 Avenue of the Amerirag,Neta York, MY 10020-1104 Phone Number.( ) 212-782-7000 Suffolk County Tax Map Number: 1000- 134-3-5 Property Location:Robins Island, New Suffolk (provide LILCO Pole#,distance to cross streets, and location) AGENT: Glenn F. Just/ J.M.O. Environmental rona ,lt;no LI. (If applicable) CDP`s0 Address: P.O. Box 447, Quogue, N.Y. 11959-0447 31 Phone: 653-0607 Ad of Trustees Application• GENERAL DATA Land Area(in square feet): 18,948 ,600 s.f. Area Zoning: Previous use of property: Shooting Preserve, residence Intended use of property: came Prior permits/approvals for site improvements: Agency Date NYSDEC Permit # 1-4738-00950/00033 3/14/05 USDOA Permit 0 2004-01177- . NYSDOS F-2004-0900 Southold Town Trustees # 6078 2/16/05 No prior permits/approvals for site improvements. Has any permitlapproval ever been revoked or suspended by a governmental agency? x_No Yes If yes,provide explanation: Project Description(use attachments if necessary): Applicant proposes to construct a 6 'x 80 ' extension, with wavebreaks, onto an existing pier, to relocate three 3-pile dolphins, to relorate ane tadale a i-n inmta3l one new ladder as per enclosed plans Ad of Trustees Application• WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Private recreational dorkinq Area of wetlands on lot: 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 No Yes If yes,how much material will be excavated? 0 cubic yards How much material will be filled? _Q_cubic yards Depth of which material will be removed or deposited:n/a feet Proposed slope throughout the area of operations: n/a Manner in which material will be removed or deposited: n/a Statement of the effect, if any,on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): As proposed, project shall have no negative impacts upon the water or wetlands of the Town of Soni-hold- James F. King, President ��OF soyo Town Hall Jill M. Doherty,Vice-President ,�O l� 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson # Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. �SS Telephone(631)765-1892 �ye0UNN Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of �¢.L�sr_ecoe�.�_P�gci=�_aencz�rr_�_•�.t----- COUNTY OF SUFFOLK) STATE OF NEW YORK) nn � �`` AFFIDAVIT OF POSTING T I, (�S Y� � JI.J-� residing at \a-1 -�TeSSc¢0 at1�VYil�_� O , being Ely s e ose and say: That on thc-p�y of 01? ;l , 200-)�Ipersonally posted the property known as ' ji11e �S'1Aot( 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 UJ /d I " toZQ6cut ta:36 Dated: (signatu / worn to b fore me this day, o /'i/e200� ary Public M.MOKER Q111ryte 0 Nw York QnkW in Suffolk CowQ ft"s"Expires November 13,20L 86ard of Trustees Application* AUTHORIZATION (where the applicant is not the owner) 1, Be lyzd e✓e V'roDe.4 �d"r a iding at 10P yy�� (print owner oAAf'prop rty) rr,, (mailing address) hru.AdC.QS lV4t gp&1l&— do hereby authorize Glenn E. Just/ (Agent) J.M.O. Environmental to apply for permit(s) from the SoutholdCl- f. d Board of Town Trustees on my behalf(Owner's signa ) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION o be completed by Uplicant or Project Sponsor) 1. APPLICANTISPONSOR 2. PROJECT NAME Belvedere Properrty Management,LLC. Extension to an existing dock 3. PROJECT LOCATION: Municipality New Suffolk County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Robins Island S.C.T.M.No. 1000-134-3-5 5. PROPOSED ACTION IS: Mod New 2] Expansion fipfionfaheretion 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a 6 x 80'extension,with wavebreaks,onto an existing pier,to relocate three 3-pile dolphins,to relocate one ladder and to install one new ladder. 7. AMOUNT OF LAND AFFECTED: initially o acres Ultimately o acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Q✓ Yes E] No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential F] Industrial Commercial E]Agriculture [] Park/Forest/Open Space 11 Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? �✓ Yes No If Yes,list agency(s)name and pennittapprovals: N.Y.S.D.E.C.,USDOA&NYSDOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑✓ Yes r-1 No If Yes,list agency(s)name and permit/approvals: N.Y.S.D.E.C.,USDOA&USDOA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes R1 No I CERTIFY THAT THE INFORMA ION OV D ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Glenn E.lust Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Reset Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS v 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 Southol&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 MAA 2 3 KD7 SCTM# 1 3 4 -3 _ 5 The Application has been submitted to(check appropriate response): Town Board R Planning Dept. D Building Dept. 13 Board of Trustees 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: Applicant proposes to construct a 6 'x 80 ' extension, with wavebreaks, onto an existing pier, to relocated three 3-pile dolphins, to relocate one ladder and to install one __ new ladder aster enclosed plans. Location of action: Robins Island Site acreage: 435 Present land use: Shootin preserve, residence Present zoning classification: 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: Belvedere Property Management LLC 1251 Avenue of the Americas, 17th Floor (b) Mailing address: Nr w v., k NY IU029 1104 (c) Telephone number: Area Code( ) 21 2-7 8 2-7 0 0 0 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? NYSDEC,USDOA & NYSDOS all approvals in hand 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 ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria 13 Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria R Yes R No D Not Applicable 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 0 Yes D No 0 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 a Yes 11 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 IH—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes © No[] Not Applicable 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. ❑ Yes ❑ No❑ Not 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 ❑ 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. nn ❑ YesD 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 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III —Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable 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❑ 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 512510511:20 AM Applicant: Belvedere Property Management, LLC. Location: Robins Island S.C.T.M.No. 1000-134-3-5 The project consists of the applicant's proposal to construct a 6' 80' extension, with wavebreaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder as per enclosed plans, As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. The project activities shall be "concentrated" on a site where similar activities (docking facility) currently exist. The project does not involve agricultural land nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. 1 believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Peconic Bays. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing docking facility was constructed . Policy 3. I believe that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed docking facility has been designed based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. 1 feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species of fish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. f believe that the project is consistent with this policy. The project shall not involve the disposal of solid waste or debris There are no hazardous waste or toxic pollutants involved with the project. Policy 9. 1 do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Nor will the project have impacts upon the public's right of access along the shoreline Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources.