HomeMy WebLinkAboutEdelstein, David
.
.
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
June 20, 2007
Mr. David S. Corwin
639 Main St.
Greenport, NY 11944
RE: DAVID EDELSTEIN
4145 WELLS RD., PECONIC
SCTM#86-2-12.6
Dear Mr. Corwin:
The Board of Town Trustees took the following action during its regular meeting held on
Wed., June 20, 2007 regarding the above matter:
WHEREAS, David S. Corwin on behalf of DAVID EDELSTEIN 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 April 5, 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 recommended that the proposed application be
found Inconsistent with the LWRP Policies 1, 3,5,6,9,10 & 11, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on June 20, 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 proposed docking facility does not comply with the standards set forth
in Chapter 275 of the Southold Town Code,
WHEREAS, the Board has determined that the project will affect the health, safety and
general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees deems the action to be Inconsistent with the
Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold
Town Code, and,
BE IT FUTHER,
RESOLVED, that the Board of Trustees DENY WITHOUT PREJUDICE the application
of DAVID EDELSTEIN to construct a 4'X 16' ramp, 4'X 46' catwalk, 4'X 12' access
stairs and one (1) 8" dia. mooring pile.
This is not a determination from any other agency.
Very truly yours,
Jam~g ~ ~
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
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Southold Town Board of Trustees
Field Inspection/Work session Report
Date/Time:
DAVID EDELSTEIN requests a Wetland Permit to construct a 4'X 16' ramp, 4'X
46' catwalk, 4'X 12' access stairs and one (1) 8" dia. mooring pile. Located: 4145
Wells Rd., Peconic. SCTM#86-2-12.6
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T)!!Se of area to be impacted:
..\LSaltwater Wetland _Freshwater Wetland Sound _Bay
Distance of proposed work to edge of above:
plrt of Town Code proposed work falls under:
~Chap!.275 _Chap!. Ill_other
Type of Application: ~W etland _Coastal Erosion _Amendment _Administrative
_Emergency _Pre-Submission _Violation
Info needed:
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Modifications:
Conditions:
Pres~ Were: vi.King ~oherty 4Dickerson vD. Bergen~B. Ghosio, Ir
~H. Cusack_ D. Dzenkowski _Mark Terry_other
MailedIFaxed to:
Date:
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Environmental Technician
Review
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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 Mon., June
11,2007, the following recommendation was made:
Moved by Don Wilder, seconded by Jack McGreevy, it was
RESOLVED to SUPPORT the Wetland Permit application of DAVID EDELSTEIN to
construct a 4'X 16' ramp, 4'X 46' catwalk, 4'X 12' access stairs and one (1) 8" dia.
mooring pile.
Located: 4145 Wells Rd" Peconic. SCTM#86-2-12.6
The CAC Supports the application with the Condition CCA is only used on the posts,
vinyl is used if possible, fiberglass-grid material on the decking, and the dock should not
extend past the adjacent docks.
Vote of Council: Ayes: All
Motion Carried
Standish, Lauren
From: Cusack, Heather
Sent: Tuesday, June 19, 2007 2:10 PM
To: Standish, Lauren
Subject: June 20 SEQRA reviews
One of the applications for tomorrow's meeting may not be a Type 2 project under SEQRA. That is the proposal
for a dock by David Corwin for David Edelstein. The reason it is not automatically a Type 2 action like the others
is that it is a dock on a piece of property that does not have a house, so it is not classified as an accessory
structure. It may be found to be a Type 2 action, depending on the assessment. Please let Jim know and he can
make the determination, or require the long form.
Thanks.
6/19/2007
NEW Y.TATE DEPARTMENT OF ENVIRONMENTAL .ERVATION
DEC PERMIT NUMBER
1-4738-03144/00001
FACILITY/PROGRAM NUMBER(S)
~
-
-
EFFECTIVE DATE
22 October 2003
EXPIRATION DATE(S)
PERMIT
Under the Environmental
Conservation Law
31 October 2008
TYPE OF PERMIT. New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate
o Article 15, Title 5: Protection of Waters
o Article 17, Titles 7, 8: SPDES
o Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
o Article 15, Title 15: Water Supply
o Article 19: Air Pollution Control
o Article 15, Title 15: Water Transport
o Article 23, Title 27: Mined Land
Reclamation
o Article 34: Coastal Erosion
Management
o Article 15, Title 15: Long Island Welis
o Article 36: Floodplain Management
o Article 24: Freshwater Wetlands
D Article 15, Title 27: Wild, Scenic and
Recreational Rivers
. Article 25: Tidal Wetlands
o Articles 1,3,17, 19, 27,37; 6NYCRR
380: Radiation Control
o 6NYCRR 608: Water Quality Certifica-
o Article 27, Title 7; 6NYCRR 360:
tion Solid Waste Manaaement
PERMIT ISSUED TO TELEPHONE NUMBER
David Edelstein 1310\ 826-2323
ADDRESS OF PERMITTEE
2700 Neilson Way #529, Santa Monica CA 90405
CONTACT PERSON FOR PERMITTED WORK ~E~~PHONE NUMBER
David Corwin, 639 Main St, Green~rt NY 11944-1431 631 477-0184
NAME AND ADDRESS OF PROJECT/FACILITY
Edelstein Pronertv, Welis Rd 10nnosite NYT Pole 28', Peconic
LOCATION OF PROJECT/FACILITY
SCTM: 1000-086-02-12.6
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold Richmond Creek E: 714/3 N: 4545.6
DESCRIPTION OF AUTHORIZED ACTIVITY
Construct a ramp measuring 16 feet long by 4 feet wide and a catwalk measuring 58 feet long by 4 feet wide leading
to a series of steps seaward of average low water. Install a pulley pile 40 feet seaward of the catwalk. All work is to
be done in accordance with the attached plans stamped NYSDEC approved.
/fJ1E IC IE U W IE 1
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7 APn - 5 20m IJ,
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L B SoUlhbol4 Tow"
01111 If h!fets .J
~ By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the EeL, all applicable '.,
regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit.
PERMIT ADMINISTRATOR: (KSW) ADDRESS
George W. Hammarth, Region 1 Headquarters
Denu!v Permit Adminstrator Bid;'. #40, SUNY, Stonv Brook, NY 11790-2356
AUTHO:IZED SIGNAT~E # DATE ~
4c'~ II If;-?!<-?11CC' /C:J9}1; ;1 Page 1 of4
NEW YORK SlATE DEPAR fMEN r UF ENVIIWNMENTAL CONSERVAllUN
SPECIAL CONDITIONS
1. Any debris or excess material from construction of this project shall be completely removed from the
adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in
tidal wetlands and/or protected buffer areas.
2. The storage of construction equipment and materials shall be confined to within the project work site and
or upland areas greater than 75 linear feet from the tidal wetland boundary.
3. Dock or timber catwalk shall not exceed 4 feet in width and shall be a minimum of 3% feet above grade'
over tidal wetland areas (' as measured from ground to bottom of dock sheathing).
4. The use of wood treated with pentachlorophenol in the construction of structures that will be in contact
with tidal waters is strictly prohibited.
5. Dock reconstruction or replacement or seasonal installation shall not involve expansion or substantial
modification of existing structures or facilities.
6. No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit,
nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such
activities in the future.
7. No permanent structures may be installed on the catwalk without first obtaining written Department
approval (permit, modification, or amendment).
8. The catwalk may not (a) extend laterally beyond property lines, (b) be placed so that docked boats extend
over adjacent property line, (c) interfere with navigation, (d) interfere with other landowners riparian rights.
9. Pilings may not: (a) extend beyond property lines, (b) be placed so that docked boats extend over property
lines, (c) interfere with navigation, (d) interfere with other landowners riparian rights.
DEC PERMIT NUMBER
1-4738-03144/00001
David Edelstein
PAGEL of ~
fJI:.W YURK ::iIAII::: UU-'AKI r"lUI I 01' I::NVIHU"IMI::NIAL CUNSEINAIIUIJ
N.ICATION OF OTHER PERMITTEE OBLATIONS
Item A: Permittee Accepts L Responsibility and Agrees to Indemn_tlon
The permiUee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the
State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the
extent allributable to the permillee's acts or omissions in connection with, or operation and maintenance of, the facility
or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the
permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent allributable to DEC's
own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article
78 of the New York Civil Practice laws and Rules or any citizen suit or civil rights provision under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permillee is responsible for informing its independent contractors, employees, agents and assigns of their
responsibility to comply with this permit, including all special conditions while acting as the permillee's agent with respect
to the permilled activities, and such persons shall be subject to the same sanctions for violations of the Environmental
Conservation law as those prescribed for the permillee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsibte for obtaining any other permits, approvals, lands, easements and rights-of-way that may
be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights
of others in order to perform the permilled work nor does it authorize the impairment of any rights, tille, or interest in real
or personal property held or vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by
an authorized representative of the Department of Environmental Conservation (the Department) to determine whether
the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant
to ECl 71-0301 and SAPA 401 (3).
The permittee shall provide a person to accompany the Department's representative during an inspection to the permit
area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection
by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a
Department representative is a violation of this permit.
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any
order or determination previously issued by the Department or any of the terms, conditions or requirements contained
in such order or determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires. Any renewal,
modification or transfer granted by the Department must be in writing.
The permittee must submit a renewat application atleasl:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous
Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management
Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621.
The grounds for modification, suspension or revocation include:
a) materially false or inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit;
c) exceeding the scope of the project as described in the permit application;
. d) newly discovered material information or a material change in environmental conditions, relevant technology
or applicable law or regulations since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the
Environmental Conservation law or regulations of the Department related to the permitted activity.
OEe PERMIT NUMBER
1-4738-03144/00001
David Edelstein
PAGE 2. OF -..L
NEW YORK STA IE DEPAR1MLNl OF ENVIIWNMEN fAL CONSERVATION
, ADDITIONAL GENERAL C.TIONS FOR ARTICLES 15 (TITLE 5),
( TIDAL WETLANDS)
, 34 AND 6NYCRR PART 608
1. If future operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the
people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered
by the Departmentto remove or alter the structural work, obstructions, or hazards caused thereby without expense
to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other
modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to
the State, and to such extent and in such time and manner as the Department of Environmental Conservation may
require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the
navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on
account of any such removal or alteration.
2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein
authorized which may be caused by or result from future operations undertaken by the State for the conservation
or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any
such damage.
3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission,
consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General
Services or local government which may be required.
4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended
solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project.
5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause
damage to navigable channels or to the banks of a waterway.
6. There shall be no unreasonable interference with navigation by the work herein authorized.
7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the
applicant shall, without expense to the State, and to such extent and in such time and manner as the Department
of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and
restore the site to its former condition. No claim shall be made against the State of New York on account of any
such removal or alteration.
8. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the
subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302,
303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are
met.
9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top
portion of the enclosed notification form certifying that they are fully aware of and understand all terms and
conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be
signed and returned, along with photographs of the completed work and, if required, a survey.
10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
. Such approved plans were prepared by D. Corwin dated March 31 , 2003 and last revised September 21 , 2003.
DEe PERMIT NUMBER
1-4738-03144/00001
David Edelstein
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APPLICANT: DAVID EDELSTEIN
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APPLICANT: DAVID EDELSTEIN
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DRAWN BY: D. CORWIN
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DATE: MARCH 31, 2003
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D WATER DEPTH FEET
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PURPOSE: WATER ACCESS &
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NOTES:
STRINGERS 4 "x6" CCA TIMBER
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40'
PULLY PILE
10"x 22'
AHW 2.5
ALW 0.0
CATWALK & MOORING PILE
RICHMOND CREEK
WELLS ROAD, PECONIC
SUFFOLK COUNTY, NY
APPLICANT: DAVID EDELSTEIN
& LIBBY GOLDSTEIN
DRAWN BY: D. CORWIN
SHEET 2 OR 2
DATE: MARCH 31, 2003
ROAD
MAIN
SURVEY OF PROPERTY
SItVATED AT
PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1ooo-86"''d1-17,6
SCALE 1 "=40'
AUGUST 5. 199'9
MAY 28. 2002 UPDATE SURVEY
AREA = 40,347.09 sq. ft.
( TO TIE LINE) 0.926 Qe.
( S.R. 25 )
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PREPARED IN ACCORDANCE WITH THE MINIMUM
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BY THE lALS. AND APPROVED AND I\DOPTED
FOR S H USE BY THE NEW YORK STATE lAND
TITLE SQClATlDN.
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N.Y.S. Lie. No. 4966
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'''OULI
Cl?.e'ek
oseph A. Ingegno
Land Surveyor
UNAUTHORIZED ALTERATION OR ADOmON
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 at niE NEW YORK STATt
EDUCATION LAW.
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR
EMBOSSED SEAL SHAll NOT BE CONSIDERED
TO BE ~ VAlJD TRUE COPY.
CERTlACATlONS INDICATED HEREON SHAlL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNIllENTAl AGENCY AND
LENDING INSTrnffiON USTEO HEREON, AND
~'" ....... .__.""..--... ",... ....,1"" ,............,.,... 1.'c:"T'
CERTIFIED TO:
LIBBY GOLDSTEIN
DAVID EDELSTEIN
Title Surveys - Subdivisions - Site Pions - Construction LaYOI
Fox (631)727-172
MAILING ADDRESS
P.O. Box 1931
Riverhead. New York 11901.
PHONE (631)727-2090
OFFICES LOCATED AT
1380 Roanoke Avenue
Rivl'!rhP.Od. New York 11901
THE EXISTENCE OF RIGHTS OF WAY
..._ ,...,.. .... __. ,,,~''T~ ~l:" 0,..,..........,.. It""
.
.
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM
ffB) ~ ~ ~ 8 Wi IE ,fm
Iflll JUN J 8 lJJI ~,
To: Jim King, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner M'f
L WRP Coordinator
Sea..,.."...
Boanl ., Trwlflll
Date: June 18, 2007
Re: Proposed Permit to Construct a Dock for David Edelstein
SCTM#1000-86-2-12.6
DAVID EDELSTEIN requests a Wetland Permit to construct a 4'X 16' ramp, 4'X 46' catwalk,
4'X 12' access stairs and one (1) 8" dia. mooring pile. Located: 4145 Wells Rd., Peconic.
SCTM#86-2-12.6
RICHMOND CREEK IS A NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION CRITICAL ENVIRONMENTAL AREA. A
NEW YORK STATE SIGNIFICANT FISH AND WILDLIFE HABITAT, AND A
PECONIC ESTUARY PROGRAM CRITICAL HABITAT. EELGRASS BEDS OCCUR
IN THIS CREEK
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, as well as the records available to me, it is my recommendation
that the proposed action is INCONSISTENT with the denoted following Policy Standards
and therefore is INCONSISTENT with the LWRP.
Policy 1. Foster a pattern of development in the Town of Southo/d that enhances community
character, preserves open space, makes efficient use of infrastructure, makes beneficial use of
a coastal location, and minimizes adverse effects of development.
The proposed structure is for private recreational use and will not support a pattern of
development that enhances communitv character nor preserves "public" open space.
.
.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold.
Policy Standard
3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold
including:
A. Minimize the introduction of structural design components (including
utility lines, lighting, signage and fencing) which would be discordant
with existing natural scenic components and character,
The action does not meet this policy; conversely. the applicant proposes a
structure that will affect the scenic Quality of the area. The applicant
currently enioys access to the water.
B. Preserve existing vegetation and establish new indigenous vegetation to
enhance scenic quality, and
The action will result in a loss of high Quality low and high salt marsh. No
restorative or mitigative plan has been submitted to minimize adverse
impacts to the vegetation.
C. Protect visual quality associated with agricultural land, open space and
natural resources.
The visual Quality of natural resources (salt marsh) will be impaired as a
result ofthe action.
Policy 5. Protect and improve water quality and supply in the Town of Southold.
The materials used to construct include CCA treated lumber.
The use and need of the dock is undefined. The installation of the proposed structures may
promote power boat traffic in a shallow are 1.5 NGVD low water depth and the possible
following negative impacts may occur:
Impacts to submerged aquatic vegetation.
Erosion on shorelines. and
Re-suspension of bottom sediments and turbiditv
To further the above policv and to reduce turbidity in the event that the proposed action is
approved. the following Best Management Practice is strongly recommended:
The encirclement ofthe entire proiect area during construction with a silt
boom or floating turbidity screen to control the dispersal of suspended solids
in the water column.
.
.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands.
The proposed action is located within a tidal wetland. The proposed construct
ion practices ofthe dock have not been identified. It is recommended that the applicant identify
the proposed construction practices.
Activities during dock construction can destroy vegetation either above or below the tide line bv
pulling them from the substrate or destroYing their root system. The peat beds underlYing salt
marshes can also be compacted through the improper use ofheavv equipment.
In sea grass beds. the installation of pilings may have immediate impacts as well as cause long-
term changes. Installation through "jetting" with high-pressure hoses tvoicallv disturbs a
surrounding area- depopulating grasses there prior to construction. Once areas are deoopulated.
the presence of pilings may lessen chances of regrowth. Beat Schmit. and Williams (1999)
suggest that changes in sea grass communities in the vicinity of pilings may be caused bv the
modification of currents. sediment deoosition. attraction ofbioturbators. and leaching from
chemically treated wood.
Both marsh grasses and sea grasses have adapted to living in extended periods of sunlight. Their
photosynthetic pathways Vary from many terrestrial plants allowing them to be highly productive
in their natural settings. Shading can have significant impacts on the health and productivity of
these plants. It is recommended that the Board minimize shading from dock structures to the
greatest extent possible.
Policv Standards
6.1 Protect and restore ecological quality throughout the Town of Southold.
The proposed action does not propose a restoration plan of areas that may be impacted (if
any) during construction.
6.2 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities.
6.3 Protect and restore tidal and freshwater wetlands.
The proposed action will result in a net loss of tidal 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 followine dock standards pursuant to li 275-11.
Construction and operation standards have been met.
.
.
(d) Review and approval of dock applications. Before issuing a permit for a dock
structure, the Trustees shall consider whether the dock will have any of the following
harmful effects:
[1] Whether the dock 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, shell fishing, waterskiing and other water-dependant
activities;
[3] Whether the dock will unduly interfere with transit by the public along the public
beaches or foreshore;
[4] Whether the dock will significantly impair the use or value of waterfront property
adj acent to or near the dock;
[5] Whether the dock will cause degradation of surface water quality and natural
resources;
[6] Whether the dock will cause habitat fragmentation and loss of significant coastal
fish and wildlife habitats;
[7] Whether the dock will result in the destruction of or prevent the growth of
vegetated wetlands, sea grasses 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.
No design or construction mitigation or best management practices have been proposed
to minimize adverse impacts to the greatest extent possible.
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands,
and public resources of the Town of Southold.
9.4 Assure public access to public trust lands and navigable waters.
A. Provide free and substantially unobstructed passage along public trust shore
lands.
E. Provide access to, and reasonable recreational use of, navigable waters and
public trust lands under water.
1. Provide for free and unobstructed public use of all navigable waters
below the line of mean high water for navigation, recreation, and
other public trust purposes, including the incidental rights of public
anchoring.
.
.
Piers, docking facilities, and catwalks must not result in
an unnecessary interference with use of public trust lands.
Alternatives to long piers or docks include use of dinghies
to reach moored boats and mooring in nearby marinas.
Dredging solely to accommodate the draft of larger boats
is not a recommended alternative.
c. by extent and characteristics of the developable adjacent upland
area and its ability to support in-water development for the water-
dependent use.
c. by potential adverse effects on natural resources and their uses,
and
d. by potential adverse effects on public safety.
4. Structures extending beyond the minimum necessary for access to
navigable waters impair public trust interests and open space values
associated with the water's surface. Allow such structures only in the
following circumstances:
a. when necessary for practical and convenient operation of water-
dependent industry or commerce, and provided that obstruction
of commercial navigation does not result.
b. for commercial recreational boating facilities provided that:
(i) the loss of navigable waters and use of underwater lands is
offset by sufficient public benefit, and
(ii) obstruction of commercial navigation does not result.
c. when the principal purpose of the structure is necessary:
(i) to provide public access for recreational uses
(ii) for improvements for navigation
(iii) for protection from coastal hazards, or
(iv) for essential public transportation and transmission
facilities.
5. Ensure that navigable waters and marine navigation, whether on land or
sea, are not obscured or rendered ineffective through poorly placed or
directed lighting.
The proposed action will remain private and will not support a pattern of development that
enhances communitv character nor preserves "public" open space.
Policv 10. Protect Southold's water-deoendent uses and oromote sitinf! of new water-deoendent
uses in suitable locations.
10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide
for their safe operation.
A. Limit the potential for adverse impacts associated with development of a new water-
dependent use by promoting the location of new development at appropriate sites.
Appropriate sites include:
. .
1. sites which have been previously developed,
2. sites which require minimal physical alteration to accommodate
development,
3. sites that already possess public infrastructure or locational
characteristics that would support a water-dependent use.
A. Avoid develovment of new water-devendent uses at sites that are located outside of
the traditional concentrations of water-devendent uses or at sites that exhibit
imvortant natural resource values or where the vrovosed use will cause sifmificant
adverse affects on community character. surrounding land and water uses. or scenic
Quality.
The proposed dock structure is not located within a concentration of water dependent uses (i.e.
Town Harbor or Wharf).
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters.
As proposed, the action will not fully support the following policy standards.
A. Ensure that commercial and recreational uses of living marine resources in the
Town of Southold are managed in a manner that:
1. places primary importance on maintaining the long-term health and
abundance of marine fisheries,
2. results in sustained useable abundance and diversity of the marine
resource,
3. does not interfere with population and habitat maintenance and
restoration efforts,
4. uses best available scientific information in managing the resources
5. minimizes waste and reduces discard mortality of marine fishery
resources,
6. restricts commercial and recreational activities, including the use of
certain gear types, gear sizes and practices that have negative impacts on
marine habitats.
C. Foster the occurrence and abundance of the Town's marine resources through:
1. protection of spawning grounds, habitats, and water quality,
2. enhancement and restoration of fish and shellfish habitat,
3. the prevention of over-fishing.
The known adverse impacts of the construction of a dock structure in a marine habitat (Critical
Environmental Area) are well documented and therefore. cannot meet or further the intent of this
policv.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing
its written determination regarding the consistency of the proposed action.
.
.
#'"
,i~~'
Date:
May 4, 2007
To:
.
Southold Town Trustees
Check No. 378 $270
.
Letter of Transmittal
From:
David S. Corwin
639 Main Street
Greenport, NY 11944-1431
corwin@optonline.net
Subject:
Edelstein Wetlands Application
Richmond Creek, Peconic
DESCRIPTION
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BANK OF Ai. ICA, N.A.
EAST RETURN ITEMS
P.O. BOX 2518
HOUSTON, TX 77252-2518
Page 01 of 01
Bank 00487
Center :
Divider: 11,641
Code 3 B
H
Deposit Account: 71-100-2303
Charge Account : 71-100-2303
Store/Reference,OOoonOOooooOOO
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971
US
Date of Notice: 04-18-2007
Dear Valued Customer:
The item(s) below, which were deposited to your account, have been returned unpaid.
Therefore, we have charged them to your account. Fees for analyzed accounts are itemized
on the account analysis statement.
If you have any questions or need additional information, please contact one of our
Customer Service representatives at 1-800-432-1000. Thank you for choosing Bank of
America.
Number of Returned Items:
Amount of Returned Item(s),
1
250.00
SEQUENCE/
DEP DATE
00970403011
4/11/2007
ABA NUMBER/
DEP AMOUNT
3222-7162
1,590.25
MAKER NAME/
CHECK DATE
RETURN REASON/
1.0.
Refer to Item
AMOUNT
250.00
*111012822*
04/18/2007
000000970403011
.
This is a LEGAL COPY of your
check. Yau can use it the same
way you would use the original
check
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UBBY A GOLDSTEIN
2700 NEILSON WAY APT 529
SANTA MONICA, CA 90405-4015
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Offiee Use Only
Coastal Erosion Penn it Application
"7 Wetland Penn it Application _ Administrative Pennit
ArnendmentITransfer/Extension
--.dteceived Application: tfF\l (') 1
_Received Fee:$ d.:'i\J
_~mpleted Application If) ~10)
_Incomplete
_ SEQRA Classification:
Type I_Type II_Unlisted_
Coordination:(date sent)
.....cAC Referral ~ent: ~~l
_..-Date of Inspection: ~ _~L i) 1
_Receipt of CAC Report:
_Lead Agency Detennination:_
Technical Review:
~blic Hearing Held: SJ/ r., (O )
Resolution:
- Ul JU :ll lJ-fl107
Name of Applicant DAVID EDEL5TEIN
Address 1..\300 3~LLAIIZE ,AYE.) ,sT()D1C CITY J
CA 9, \ be 1-\ Phone Number:() ~ t ~ -(H~ 0 - CJ J I/O
Suffolk County Tax Map Number:) 000 - 8 , - 0 ~ - 1:2. 6
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Property Location: .s:eunl S\Dc WE l.l...S ReAD J Ci f'P(JS.liF-
NYT PaLE 2~. peGCNIG .NY
(provide LILCO Pole #, distance to cross streets, and location)
~IE C IE I W IE-/m
APR - 5 2007 IJj
$OUlhhold TOIr
Boalll of Trus":'
.
AGENT: DAV \ 0
(If applicable)
c(") R.. L.J I N
Address:
t3~
MAIN
Si"
GREENPC!<.T. IV')
I
Y 7 7 -a ley
Phone:
J/11..J1!-Jlf31 cd"~
9'cS-~\f'.
Clt- LJ
erd of Trustees Applicatice
GENERAL DATA
Land Area (in square feet):
Area Zoning: R E. S LDr:.N rIft j...
Previous use of property:
~
Intended use of property:
RE:.SlDfNT /171-
Prior permits/approvals for site improvements:
Agency
Date
NYSJ)E G /-Lf 7.:sg - G:,)lJlJ/tJo(J)
500TtI(jL~ ~(J ~r~.t3 '7 s a9'"3
USAGe:. ~ao3-c~(j 7.3.
/() _ ~ "2- -OJ
J~x.h~6fj
.s-- '<.2. - C ?,
_ 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):
C-ON6'1'lZ.tJ<..i If 'x /, 'i<fiMP . 'I 'x I}~ / c...~Yw4-'-;.G I
~ w
If/x r~1 Ac...CJ<.$$ ~rA/~.s. J /Y\CoR./Nq., ht-J!.
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~rd of Trustees Applicati~
WETLANDrrRUSTEE LANDS APPLICATION DATA
\
Purpose of the proposed operations: 60.9 r Me) (<) It J NCY , h CCE. S oS
Area of wetlands on lot: /1. 7 0 ()
,
square feet
Percent coverage oflot:
%
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?
V No
Yes
If yes, how much material will be excavated?
cubic yards
cubic yards
How much material will be filled?
Depth of which material will be removed or deposited:
feet
Proposed slope throughout the area of operations:
Manner in which material will be removed or deposited:
Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by
reason of such proposed operations (use attachments if appropriate):
"f'He E.FF6GT ON
weT l.. J)N/)S wJL.L. ~e.
NEG..-LIG-l u~
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.
I PROJECT 10 NUMBER I
.
PART 1 - PROJECT INFORMATION
1. APPLICANT I SPONSOR
J)A II'} D 1'3. DI3. L
3.PROJECT LOCATION:
Municipality SO()r'#OLb 7?Jtv/lj County .5{)PrOI...J<
4. PRECISE LOCATION: Street Adde.. end Road Intersections. Prominent landmarks elc - or orovlda map
NY, Z8 unt..lry fidu../ wc.{..L,S A.Mll, !J./CHMON(J CA€.!h4!/
f>,EGO/V/6 NY
617.20
APPENDIX C
STATE ENVIRONMENTAl QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED AcTIONS Only
( To be completed by Applicanl or Project Sponsor)
2. PROJECT NAME
SEQR
r:?oU) STElA! G,9TtAJ~t..
5. IS PROPOSED ACTION:
ew D Expansion D Modiftcation I alteration
6. DESCRIBE PROJECT BRIEFLY:
GOiVST~OC-r A
IrG~>- S.
If ~ /, ',eAMt>J A L.J 'x 5'8 'GA-TWIU..J< )
5:. TIfIA S I ItN lJ If /\'1 (J rj ~/ IV a:-- PIl-E.
PUAP05>E:
c-V4Tb4, ITCGE>S It/o.}{) 9'1I1-U.., ~T >>rdQ/.lIJ./~
7. AMOUNT OF LAND AFFECTED: ..J<x:l S <:l/. . r-r.
Initially acres Ultimatety acres
8.~L ~OPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER
lJ::tYes D No If no, describe briefly:
RESTRICTIONS?
~~ IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
ll:::fResidential D Industrial D Commercial DAgriculture D Park I Forest I Open Space
DOlher (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL
AGENCY (F_ral. Stale or Local)
m-ves D No If yes, list agency name and permit I approval:
V,S, n/2/JI NYSbEG u.;erc..Ml:>s .$(j(jr~~ 7fjwAl nef/Sf'EiES
11. ODES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ~f yes, list agency name and pannit J approval:
1 . AS A R SULT F PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
A~ /9r:;EA1r~ D~{.)It) c,o-Q.l..IIN Date:
S alu'e_ ~ 1-/(-:ZMJ3
If the action Is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
.
.
PART II - IMPACT ASSESSMENT lTo be comaleted bv Lead Aaenevl
A. OOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.4? If yes. coordinate the review process and use the FULL EAF.
Dyes DNO
B. Will ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If No. a negative
declaration may be superseded by another involved agency.
Dyes DNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOllOWING: (Answers may be ha_. ff Iegibla)
C1. Existing air quality. surface or groundwater quality or quantity. noise levels. existing traffic pattern, solid waste production or disposal.
potential for erosion. dramage or flooding probfems? Explain briefly:
I I
C2. Aesthetic. agricultural, archaeological, historic. or other natural or cultural resources; or community or neighborhood character? Explain briefly:
I I
C3. Vegetation or fauna. fish. shellfish or wildlife species, significant habitats. or threatened or endangered species? Expfain briefly:
I I
C4. A community's existing p'ans or goals 8S officially adopted. or a change in use or intensity of use of land or other naturat resources? Explain briefly:
I I
C5. Growth. subsequent development. or related activities likely to be induoed by the proposed action? Explain briefly:
I I
C6. Long term, short term. cumulative. or other effects not identified in C1-C5? Explain briefly:
I I
C7. Other im indudina chanaes in use of either auantitv or tvoe of enemy? Exolain brieftv;
I
D. Will THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAl CHARACTERISTICS THAT CAUSED THE ESTABliSHMENT OF A CRITICAl
ENVIRONMENTAL AREA (CEA)? (If yes. explain briefly; I
DYes 0 No I
E. IS THERE. OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAl IMPACTS? ff ves ex"""n:
DYe. DNa
PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above. detennine whether n Is substantial, large. important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (I.e. urban or rural); (b) pnobabilffy of occurring; (c) dl8ation; (d) in'everslbilffy; (e)
geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that an relevant adverse Impacts have been identified and adequately addressed. II question d of part II was checked
yes. the detennination olsignlficance must evaluate the potential impact o!the proposed action on the environmental characteristics olthe CEA
Check this box If you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL
EAF and/or prepare a positive declaration.
Check this box If you have determined. based on the information and analysis above and any supporting documentation. that the proposed actior
WILL NOT resuh In any Significant adverse environmental knpacts AND provide. on attachments as necessary. the reasons supporting thi
determination.
Name of Lead Agency
Date
Pnnt or Type Name of ResponSIble Officer In Lead Agency
Title of Responsible OffIcar
Stgnalure of ResponSIble Officer In lead Agency
Sognature of Preparer (ff dillerenl from responsible officer)
.
.
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B,~,'l,d of TW5tees
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Name:
Address:
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STATE OF NEW YORK
COUNTY OF SUFFOLK
I7ItU/Jj, cM.W/11/ , residing at ~-:>'7 /'vf/Jj/)j~~(i;'.46EA/At.v-
, being dilly sworn, deposes and says on the
! 9 day of Pl~ ' 20 ~ deponent mailed a true copy of the Notice
set forth in the Board of Trustees Application, directed to each of the above named
persons at the addresses set opposite there respective names; that the addresses set
opposite the names of said persons are the address of said persons as shown on the current
assessment roll of the Town of South old; that said Notices were mailed at the United States Post
Office at f7fC--C6 IV, 1 ~ , that said Notices were mailed to each of said persons by
(certified) (registered) maiL ~ ~ ~, ~
S""F ill' <hi, /~
Day of ,20M
C1"n~ /~. '-~~ tq ,j)
~ Notary Public
JANET E STAPlES
Notary Public~ ~,.i New~
No, 4831!l4~. CaunlY() "1
Commission Expires July 31. 20:""1
"
.
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
.
C~f i~' roll
Town Han
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
In the Matter of the Application
of
_____~it__(dt_'.../1tA.Lf1____________________
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
r\"D'--'-~-'.-I\-';-i:~... \rr~.".I...[~J."f'. \\\
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r- ,.-.'- ....- I \
i\ I)
II.r ~
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LsouthOld -fowll
Board 01 TrusteFls
AFFIDA VII OF POSTING
I, D/j/)J./J Q't.AW/tV , residing at G, 39
Iv( It hi ~ 'r 6te.CA.' M/J.:r-
I
being duly sworn, depose and say:
That on the /9 day of t-.f hY , 2007, I personally posted the property known as
1f/)~LCllflN, v.lfGi...J.;j. ~}, . PIE.~.nAJJC
by placinithe Boanr' 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 lJ.Jt1I c1t&.Uu ~<<~~~"
DIl (J ,; 0 "'.
Dated: G>-/~-~ 7 c
.h~ ~ I ($)...uU/j
(signature)
Sworn t~~e me this
/'tM dayo 2007
~j~'~
otary Public
.ffn~
~rd of Trustees Applicati~
~ County of 13 .Lo 5 /+rzcJele3
)2bStateofll 1. ,lco..l,'.niq
'\)o.v~ J G:A e[s+e..-t'1l BEING 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 IDS/tm1tKNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTH OLD 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 TIDS
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 rms APPLICATION.
~,~-1Ltdt};W~~
Signature
SWORN TO BEFORE ME rms
/ :J.ft DAY OF ('()are...-A
,20.QI
~K~~
Notary Public
r - - - - - - - - - - - ~
STELLA KAlACHI
~.""'".' Commission # 1514884
~ ~.... .."..0: Notary Public - California ~
z . I....v,;; \ Los Angeles County
',... MyComm. ExplresSep23, 2008
7" Or 7'
.
.
APPLICANT/AGENTIREPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southald's Code of Ethics orohibits conflicts of interest on the Dart of town officers and emolovees. The OurDose of
this form is to orovide information which can alert the town of Dossible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME: eel<.. W J N D 1\ 1) ) b S
(Last name, first n~e, middle initial, unless you are applying in the name of
someone else or other entity, such as a company. If50, indicate the other
person's or company's name.)
NAME OF APPLICA nON: (Check all that apply.)
Tax grievance
Variance
Change of Zone
Approval of plat
Exemption from plat or official map
Other
(If "Other", name the activity.)
Building
Trustee
Coastal Erosion
Mooring
Planning
~.
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
of the Town of Southold? "Relationship" includes by blood. marriage, or business interest. "Business interest" means a business,
including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation
in which the town officer or employee owns more than 5% of the shares.
YES
NO
~
lfyou answered "YES", complete the balance of this fonn and date and sign where indicated.
Name of person employed by the Town of South old
Title or position of that person
Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
~A) the owner of greater than 5% ofthe shares of the corporate stock of the applicant
(when the applicant is a corporation);
~ B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation);
~ C) an officer, director, partner, or employee of the applicant; or
_D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS I
~
Submitted this ~ ~ 19 r: It..
Signature If. I
Print Name -')AUID ~6,LJI
2002
.
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Town of South old
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. * Except minor exempt actions including Building 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 South old Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the L WRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the L WRP policy
standards and conditions. If an action cannot be certified as consistent with the L WRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# I~\l 0
't1l1 - 02.~/2."
The Application has been submitted to (check appropriate response):
Town Board ca Planning Dept. ca Building Dept. ca Board of Trustees Uf'"
I. Category of Town of Southold agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
ca
ca
(b) Financial assistance (e.g. grant, loan, subsidy)
(c)
Permit, approval, license, certification:
[B'
Nature and extent of action: . I
(,ON;'/R..\)Gl' LJ l'.HI R~"'\P)
I '
4 x. \'1" A cc...E:~S SIR I fts )
I '
L.j JI. 'Ho e,ATWIJL1<.)
/ MOO R./ N G- ~ I L t:
.
.
Location of action: (.Jc 1.,J...s IZ)). J PE:CCN I G
Site acreage: 0 . g f:I CJ R.t
Present land use: v I.J bE: VEL C)f>f;. D
Present zoning classification: R ~ .s. 1 D E. N T 1111-
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: PAV 1.0 IS De1.Sn:.lN'
(b) Mailing address:
4300 f?E. L l-AI/<:f. AVe
$TUD/6 CITY.' CA g) 6cLJ
(c) Telephone number: Area Code () e I ~ ~ "1 eO - OJ fI 0
(d) Application number, if any: />t~N"T NO, S<Q'l3J /E.~J:>)I(f&b
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes@ NoD
If yes, which state or federal agency? NV~ De C All!>. / -'17.38 - 03.I~o/~Q<1,
USA CJ:. /Ya. <. cJO.3 - 0 0 e 7 3
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria.
DYes 0 No B Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
L WRP Section III - Policies Pages 3 through 6 for evaluation criteria
ca Yes ca No rrNotAPPlicable st.1S CO}.) T. bHt-tT
.
.
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
L WRP Section III - Policies Pages 6 through 7 for evaluation criteria
G Yes G No [3"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 L WRP
Section III - Policies Pages 8 through 16 for evaluation criteria
r:J r:J r:J S ei5 GQ/>I r, :so HEel
L.!..J Yes L.!..J No L.!..J Not Applicable
Attach additional sheets if necessary
Policy S. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III
- Policies Pages 16 through 21 for evaluation criteria
r;:::;r r:J ~ Sr.E c,oN r. .s HeL: 'f
~ Yes L.!..J No ~NotApplicable -
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 L WRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
G Yes G No G Not Applicable
s!::E c.eNT. SHEff
.
.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
G Yes G No~otApplicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
G Yes D No ~t 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
G veO No~tAPPlicable
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 locatious. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
G Yes D No [B'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 L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
G Yes 0 No ~ot Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
G Yes 0 No ~ot Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
G Yes 0 No [!(Not Applicable
Created on 5/25/05 11 :20 AM
.
Edelstein Catwalk
.
Southold Town LWRP Consistency Assessment Form Continuation Sheet
Policy 2 Preserve historic resources of the Town of Southold.
There are no historical or archaeological artifacts in the vicinity of the area where
construction will be undertaken.
Policy 4 Minimize loss of life, structures, and natural resources from flooding and
erosion.
The proposed ramp, catwalk and stairway will help to minimize erosion by channeling
foot traffic to the catwalk structure rather than allowing foot traffic for access to the
shoreline through the existing marsh grass. If foot traffic is not channeled onto a
dedicated structure a path will be worn through the existing wetlands plants resulting in a
loss to this resource.
Policy 5 Protect and improve water quality and supply in the Town of Southold.
5.3 Protect and enhance quality of coastal waters.
The project will protect the quality of Richmond Creek waters by providing a dedicated
access point to the water. A dedicated access point will eliminate haphazard landing of
watercraft in the existing marsh and any destruction of the marsh that might be
associated with haphazard landings.
Policy 6 Protect and restore the quality and function of the Town of Southold
ecosystem.
The project will protect the ecosystem by providing a dedicated travel way through the
existing marsh. This will eliminate the destruction of marsh plants from foot traffic.
Light duty support posts will be used in the marsh to minimize disturbance during
construction and to occupy less area after completion. The top of the structure will be a
minimum of 3.5-feet above the marsh to allow sunlight to penetrate under the proposed
deck.
Access stair will be used to reach the shoreline and the water rather than the traditional
floating dock to minimize the area of mud bottom shaded and potential disturbance of
the mud bottom by large boats.
One pully pile will be installed to allow the mooring of a small watercraft such as a
Bluejay or similar type boat. This apparatus is chosen to restrict the size and type of
watercraft that can be moored.
631-477-0184
.
David S. Corwin
639 Main Street
Greenport NY 11944-1431
trwin@optonline.net
April 5, 2007
Board of Town Trustees
Town of Southold
P. O. Box 1179
Southold, NY 11971-0959
Subject: Edelstein Catwalk, Richmond Creek
Dear Trustees:
Enclosed please find a permit application for David Edelstein, Wells Road, Peconic, NY.
The application includes:
. One original plus 2 copies of the application form
. Short Environmental Assessment Form - 2 copies
. L WRP Consistency Assessment Form - 2 copies
. L WRP Consistency Assessment Form Continuation Sheet - 2 copies
. Survey - 2 copies
. Project Drawing - 3 copies
. Transactional Disclosure Form
. Wetlands application fee $250
. NYSDEC Wetlands Permit No. 1-4738-03144/00001
A Southold Town Trustees Wetland Permit was issued for the project. Mr. Edelstein was
unable to complete the project in a timely manner and the town trustees' permit expired.
Mr. Edelstein would like to complete the project and is reapplying for a Town Trustees
Wetland Permit.
If you require any additional information or have any questions please contact me
directly.
Very truly yours,
'[ ._,f.'
David S. Corwin
cc: D. Edelstein
Enc9
.