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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 ~: j)wr~ ~ 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: w o-kr ~1\s ~\- cia. ~ e..J. ~ - (\LtJ <h < ~ /C<2- Modifications: Conditions: Pres~ Were: vi.King ~oherty 4Dickerson vD. Bergen~B. Ghosio, Ir ~H. Cusack_ D. Dzenkowski _Mark Terry_other MailedIFaxed to: Date: r j , (/';' ", , ! ., . :J Environmental Technician Review ~J~~~~ ~ ~ UjIxr (,W) fY\ ",rr h f QJ. -(-.oS " c..- V <:- =r'~ ., ,.~lj cL~ . . 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 I, _ 7 APn - 5 20m IJ, L -J-"" 'I 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 PAGE~ OF ~ u'~ .....'"'0\9(1) 'b~'3-9> O't-~'" \~~ (j>C>''-''1' (5)'' '~ ;.o-;'<fl~ \ 1'>."1- II ..... 0 / ~,. '0\ ~ ~.</~ ~ "\ /-/:--'/ (" ~ ~~ /:;;::::;:;:;:::;/ V,"/ ~.....-::' . &'\<""/> .~ o!,>. .'"j.' ,/ / ,. .,",,/ . ',' ,,:1'",," 111',) .".1' 1" l! 1'1' I \.f' J ,,) ,\ '. '. I !(F)...)!L',) l:,I" I . 5' q {/ j ('! ' ~ H ,.' \..\..C CO~IC cG,~1 ~~ ,,-Oi'\), ,9:;!'> \'€-\.\.'- w.i"" ~i ~:;OO~OG\j€-. _9.:; C\j\C 1'>0- , ,000- II>I\C\'I€-\.\. i'1'I1'I \ &- ,,-Oi'\) ,,-0\3€-"- 'Il€-\.\.S , ,9!'>1'> 90!'> \'Ii :; CO\'lIC. ~-,. .\'" 0-1'>0- ,00 ,,-Oi'\) 'Il€-\.\.S \~ DAVID EDELSTEIN UBBY GOLDSTEIN ....."1JlJU') OI'TlOC 00 Vl OOrn)> IZOZ ~~o x I I Nl> zor ~-<o5 N:: R ~<D U> 00 1000-86-02-12.6 .\J .\J ,,~c,'" l(o.\oY- .\J .\J .\J <v~'f- C~ 0",,0 r0'tf. ~v ~0~ ~\.~ III MONUMENT ~\l\l /2/ 000 ~'" 1;-- J{J- ~ SCALE 1"=50' PLAN VIEW D WATER DEPTH FEET DATUM APPARENT LOW WATER 0.0 . ~ ~ o N. 'i r~z4 .>'1'1.- lONG 7'1: 27' OS" VICINITY MAP """' ,'."",,' .....,. FROM HAGSTROM SUFFOLK COUNTY ATlAS MAP 23 GRID H 40 ~0'll ~ ~\.'ll ALW. AHW & MARSH MAPPED BY D. CORWIN MARCH 29. 2003 " 0)" :<.~...~<ooo ~ ~~ \)~\)~~ O-P.'tf.S",~ 8" DIA. ~~~~\)~~\) \ PULLY PILE ,\0 CATWALK & MOORING PILE RICHMOND CREEK WELLS ROAD. PECONIC SUFFOLK COUNTY. NY APPLICANT: DAVID EDELSTEIN & LIBBY GOLDSTEIN DRAWN BY: D. CORWIN SHEET 1 OR 2 DATE: MARCH 31, 2003 REVISED SEPTEMBER 21, 2003 . .'~ -~, '. ~ .... . PURPOSE: WATER ACCESS & SMALL BOAT MOORING NOTES: STRINGERS 4"x6" CCA TIMBER DECK 2"x 1 0" FIR ELEVATE CATWALK 3.5' ABOVE MARSH NO HEAVY EQUIPMENT ON MARSH ALL HOLES & MOUNDS TO BE LEVELED RAMP r-16' 31' HIGH MARSH 3.5' CATWALK 58' 14', 17'-1 INTERnOAl MARSH 4"x4"xI2' CCA POST 6' D.C. TYPICAL PROFILE SCALE 1"=20' 4"x4" CCA POST 4' STAlRS ~ 2"x 6" CCA CROSS PIECE I 8' PENETRATION ~ CROSS SECTION SCALE 1 "=5' 40' PULL Y PILE B"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 REVISED SEPTEMBER 21, 2003 7 ,- - ,,,.=~~:" ."",r. '11'" '-0'-" ,..,... ,.,,-., ,,.,. 0'-" ,...... ,."." '-'0-0' ,-,.." ""'0' '-LO-M ""'-05 ""'CO e =~. NO.." ---, ...$(1:......15 ! 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'i \~'" LONG 72: 27' OS" VICINI1Y MAP """ "0',000' """", FROM HAGSTROM SUFFOLK COUNTY ATLAS MAP 23 GRID H 40 DAVID EDELSTEIN LIBBY GOLDSTEIN 1) --o~o .> (<} oi:Sl 'b(l0's, o'i ~" b,'0 (<} ~ "'. <;:: 1 ~U\~ ~ 1)'1- /"'~ -;. 'i,~ , v' 1;; 1~ Y l',,'lI ~ l'\-'lI --""01)tf) OrrlOC on Ul aoco)> IZOZ ~.?5XI I ,,> zoo ~-<o5 ~::: R :..,,,, U1 co 1 DOO-86-02-12.6 .lJ \'2."" s\..O~t.'// ,o~ ObI' s\..o~t. ,Ot. ALW, AHW & MARSH MAPPED BY D, CORWIN MARCH 29, 2003 .\I .lJ .\I ) l'''<' ",od []J \;\">6~<' ~<. S~ Oi-\~ S~<. 1('<'<'1(,<0 \ 80 DIA. ,",0 0 PULLY PILE ' l'''~ l'\-~ <.<.'t- c'<' 0,,0 c';(o.'Il'- ~\'-' MONUMENT <.'0'0 /2/ CO\) ~v PLAN VIEW to ~ 6h SCALE 1 "=50' CATWALK & MOORING PILE RICHMOND CREEK WELLS ROAD, PECONIC SUFFOLK COUNTY, NY APPLICANT: DAVID EDELSTEIN & LIBBY GOLDSTEIN DRAWN BY: D. CORWIN SHEET 1 OR 2 DATE: MARCH 31, 2003 REVISED SEPTEMBER 21, 2003 REVISE JUNE 18, 2007 D WATER DEPTH FEET DATUM APPARENT LOW WATER 0,0 PURPOSE: WATER ACCESS & SMALL BOAT MOORING NOTES: STRINGERS 4 "x6" CCA TIMBER DECK 2"x 10" FIR ELEVATE CATWAlK 3.5' ABOVE MARSH NO HEAVY EQUIPMENT ON MARSH ALL HOLES & MOUNDS TO BE LEVELED RAMP r-16' 31' HIGH MARSH 3.5' CATWAlK 58' 17'-1 INTERTIDAL MARSH 4"x4"x14' CCA POSTS 8' O.C. TYPICAl PROFILE SCALE 1 "=20' 4' 6" OIA CCA PILE /4' STAIRS 4"x 6" CCA CROSS PIECE I 8' PENETRATION ~ CROSS SECTION SCALE 1 "~5' 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. 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"'-"'-... --...... 0,3" -- --...... -- 7tE:J...._ lA, ---..:---__ -- ~- '\V "r -........ --_... -_ ~._ -- -- - ~ --- ---....... -- ~ ............ --_ ....... _ !!14 -- -- ::---.: ---- -- -- -- -- -- ~"'..._,.:: --- ---.-.::---...::--...... -...... ....-...--:--- --- -------- 2~ - '- , v3.92' -"':::::---'::'- -........::-- -..v -..v -..v --.v -..v -..v --.v --.v , --.v -..v N.Y.S. Lie. No. 4966 -..v l?/CIi"l; '''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 r. "" 'r" . _. '.'~. , (i"U l~ Ii t! " ILl I~ U:c !j ,In. ; dM-: '- .. .. ;~...,\: ;1 i\i , , i II I: MAY - 4 2007 I L.. " L. - ~.._..,""...-._-. Souihold 10\'\"; t)~,";'r C'~ Trustf,::': ...........-'-..-- .---...- -'---..- '-- . ~\ ~ t.P /\\".1 'J c[)\ 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 r'- Cl Cl ru , <0..-'1 ..-'1..-'1 'Cl ~ITI ClCl ~ F9Cl rur'- rua- <OCl ruCl ..-'ICl Cl ..-'I ..-'I ..-'I 6l DAVID GARY EDELSTEIN UBBY A GOLDSTEIN 2700 NEILSON WAY APT 529 SANTA MONICA, CA 90405-4015 1235 R~T. URN REASON-S R (ER TO ITEM , *20360001* *11641* *1* *04490* . 9O-71lJ213222 Washi ........ ...... FA .......~~~e.....1M) '0' ::'~'"'l!lli;" ll:.."=-_ ~. ~oC)~ ~~222?~~2?~ a?~~O~S~~O~ ~235 '0000025000' OOll~RS ~ ......... '-.- -- - 6932 02 .. .-- ~I: 1 2 2 2 7 ~ b 271: 87~10~5b~or~215 '0000025000' . . 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 ~,,'-:> 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!. 0/' 2.. C~ 'I ~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~ ~ rjFt.j . 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) . . FI)(?~.i)fN ~'~I. [t~_,~t W ffL,ij, , j , II I !'''' , "'_, i' L,__i i"-' ,,,,,_--I SOl!thOid Town B,~,'l,d of TW5tees PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: f> c t..-L 6 r;.A-/lV ) N1 J rc..he /.;L $1( v.JAI./} fJA-t. L<:JGk::, '2.-3Q~~ />11J/Aj ~~ I 3. 9dS cuCU-~ ~/jl .2 /'" :z.o tUCl-t~ ~bJ fc, 15 csk' 2...c1d G U rr:::./f() (YeJ"c "~C(JA//L fJ.6cc<J,fIIC //93 J'-- //9~ //9~ / / <1 f;v!J Pl?cd/VJC ./ 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'. \\\ ~C3 \_.1. ....._._.. .__.._.... : 1 ,; r- ,.-.'- ....- I \ i\ I) II.r ~ U Il' J'j', .~ 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 . . 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 .