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HomeMy WebLinkAboutTR-6645 James F. King, President ~~OF SQUlyO Town Hall Annex Jill M. Doherty, Vice-President ~ 54375 Main Road Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen Bob Ghosio, Jr. ~ Telephone (631) 765-1592 l,`~~ ~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 20, 2009 Mr. John Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: TOM 8~ JULIA FITZPATRICK 1030 CLEARVIEW RD., SOUTHOLD SCTM#89-3-11.13 Dear Mr. Costello: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., May 20, 2009: RESOLVED, that the Southold Town Board of Trustees grants aOne-Year Extension to Permit #6645 as issued on June 20, 2007, and Amended on October 3, 2007. This is.not an approval from any other agency. Sincerely, o'er ~ Jam F. King President, Board of Trustees JFK:Ims James F. King, President ~~Of S~Vry~ Town Hall Jill M. Doherty, Vice-President ~ 53095 Route 25 Peggy A. Dickerson l~f ~ P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. ~ Telephone (631)765-1892 ~~~COU~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR APRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1 si day of construction J/z constructed Project complete, compliance inspection. i • James F. King, President ~~OF SO(/TyO Town Hall Jill M. Doherty, Vice-President ,~O l~ 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson l~( ~ Southold, New York 11971-0959 Dave Bergen G ac Bob Ghosio, Jr. ~ ~ ~O Telephone (631) 765-1892 0(,~~,OO~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 3, 2007 Mr. John Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: TOM & JULIA FITZPATRICK 1030 CLEARVIEW RD., SOUTHOLD SCTM#89-3-11.13 Dear Mr. Costello: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., October 3, 2007: WHEREAS, Costello Marine Contracting Corp. on behalf of TOM & JULIA FITZPATRICK applied to the Southold Town Trustees for an Amendment to Wetland Permit #6645 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 12, 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, and, WHEREAS, the Board of Trustees has furthered Policies 6.2 and 6.3 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the use of non-treated lumber on the catwalk with spacing between the decking, and constructed no higher than 18" above grade, and a reduction of the width of the proposed catwalk from 4' to 3', and, 2 WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #6645 to construct a 3'X 16' ramp up to a 3'X 166' catwalk in place of the approved 4'X 55' footpath through the high marsh area, and continuing with a 4'X 26' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile 8" dia. pilings, and construct a canoe and kayak storage rack, and as depicted on the plans prepared by Costello Marine Contracting Corp. last dated October 15, 2007. This is not a determination from any other agency. Sincerely, ~ I M. Doherty ice-President, Board of Trustees JMD:Ims - - COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 • GREENPORT, NEW YORK 11944 • (631) 477-1199 / 477-1393 / 477-0682 • FAX (631) 477-0005 April 28, 2009 Southold Town Trustees Po Box 1179 Southold, NY 11971 RE: Tom & Julia Fitzpatrick -1030 Clearview Road, Southold Permit Amendment Dear Trustees: I am requesting a One Yeaz extension to permit #6645 dated 6/20/07 amended 10/3/07. The work is not completed at this time. I have enclosed a copy of permit #6645 as well as check #4776 in the amount of $50.00. If other information is needed, please do not hesitate to contact me. Sincerely, Jane P. Costello Permit Manager APR 2 9 2009 enclosures COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 • GREENPORT, NEW YORK 11944 • (631) 477-1199 / 477-1393 / 477-0682 • FAX (631) 477-0005 October 17, 2007 Southold Town Trustees D ~ ~ ~ ~ 1y~ ~ PO Box 1179 Southold, NY 11971 ,I_ Attention: Lauren OCT I ~ 2007 RE: Fitzpatrick Property -1030 Clearview Road, So Id so~;:noid T~w~; B~arG of Taste?s Dear Lauren: Enclosed are revised plans showing a 3' wide x 166' long catwalk with 3/a"space between decking. If any additional information is needed, please do not hesitate to contact me. Sincerely, .s•.~ )ane P. Costello Permit Manager Enclosure gUFFO(,~ CD Town Hall Alhert J. Krupski, President ~y.~ Gy 53095 Main Road James King, Vice-President o < P.O. Box 1179 Henry Smith v~ 2 Southold, New York 11971 Artie Foster - ~ ~ Telephone (516)765-1892 Ken Poliwoda ~ ~`a~ Fax (516) 765-1823 i BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LETTER OF REQUEST FOP[A1~II ~~n "U'"p'~ SEP 122001 DATE 0 ~ ~ Se,!'iiold Town c.,.:rA pi TrustePS ' ~'I 1-_ OWNER lout ,~II~tQT1~-,1'zDQ~ ICG~ PHOrrE 9n X33-49~, r~ ADDR$S S 7 ~ ~ J4rCC+ A~~I' ~A NUAJ VGV ~ 1 ~IY~I UOOI, AGENT ~arlyie +YQ~.~~nu PHONE X31 41~-1199 aDDRESS pp &~c ,2(~4 . ~r_re~aor~,, )lVY lI q4~ / PROPERTY LOCATION /Q~ ~~PfjYl/1CGV ~~/L'M r~0 TAX MAP NO/.~ 1~LYJD ''jB~~I I- 3A,~ ?j I/We JQfle!/!5i'~St°~CS~TICI L7+~'(?j(~y P.request an Amendment to Permit # lo~~ Q2~uC~- a ~~1~ , ~-~__I~.~ ~ a 4'X 11~fo' Ca{u~a~. iM l~ lace fly l~P$rol/Cl~ 9'x5' ~OO~-~a~ ~Wtrrntak ~hc I~ yv~,r~l area Signed By: ~ - - COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 • GREENPORT, NEW YORK 11944 • (631) 477-1199 / 477-1393 / 477-0682 • FAX (631) 477-0005 { September 7, 2007 - ~ ~ Q ~ r Southold Town Trustees PO Box 1179 SEP 1 2 2007 ~ ~ ` Southold, NY 11971 ~ -.J Southoid:TQ ~ oar of- RE: Fitzpatrick Property -1030 Clearview R~ Dear Sir or Madam: On June 20, 2007 the Trustees issued permit #6645 which allows for the clearing and maintenance of a 4'x55' footpath through the high marsh area leading to a 4'x16' ramp up to a 4'x26' fixed dock section with a 32'Sc20' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2- pile 8"diameter pilings and the construction of a canoe and kayak storage rack. I am requesting an amendment to this permit to allow for the construction of a 4'x16' ramp up to a 4'x166' catwalk continuing with a 4'x26' fixed dock section with a 32"x20' seasonal aluminum ramp onto a seasonal 65Q0' floating dock secured by two 2-pile 8"diameter piling. Construct a canoe and kayak seasonal storage rack. The 45c16' ramp up to a 4k166' catwalk will replace the approved 45c55' footpath. Walking through the water to access the fixed dock is quagmire, impractical and makes the dock virtually inaccessible by land. The catwalk will allow the homeowners, as well as their family and friends, to access the dock safely. Enclosed are revised drawings illustrating the requested revisions as well as a copy of Permit #6645. Sincerely, G~%~ Jane P. Costello Permit Manager Enclosures James F. King, President ~~Of S~U~yO Town Hall Jill M. Doherty, Vice-President ~ 53095 Route 25 Peggy A. Dickerson ~ ~ P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. '.2` ~ ~0 Telephone (631) 765-1892 ~~C~U~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR APRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 15f day of construction ~/z constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6645 DATE: JUNE 20, 2007 ISSUED TO: TOM & JULIA FITZPATRICK PROPERTY ADDRESS: 1030 CLEARVIEW ROAD, SOUTHOLD SCTM# 89-3-11.3 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Tmstees adopted at the meeting held on June 20. 2007, and in consideration of application fee in the sum of $250.00 paid by Tom & Julia Fitzpatrick and subject to the Tema and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to clear and maintain a 4'x55' footpath through the high marsh area leading to a 4'x16' ramp up to a 4'x26' fixed dock section with a 32"x20' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile 8" diameter pilings, and construct a canoe and kayak storage rack, and as depicted on the plan prepared by Costello Marine Contracting Corp., last dated June 22, 2007, and received June 28, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. car ~~'b~ifFatx TERMS AND CONDITIONS The Permittee Tom & Julia Fitzpatrick, residing at 1030 Clearview Road. Southold, New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the. said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application maybe cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause umeasonable obstruction to free navigation, the said Pennittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Perntittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject pazcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain al] other permits and consents that maybe required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President ~~OF SO(/lyo Town Hall Jill M. Doherty, Vice-President l~ 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen ^ Bob Ghosio, Jr. i!O ~ Telephone (631) 765-1892 Fax (631) 765-6641 ~y00UN1Y,~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20, 2007 Mr. John P. Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: TOM & JULIA FITZPATRICK 1030 CLEARVIEW ROAD, SOUTHOLD SCTM# 89-3-11.3 Dear Mr. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 20, 2007 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of TOM & JULIA FITZPATRICK 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 May 1, 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, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: clear and maintain the footpath, relocating the canoe and kayak rack to the fixed dock section and lowering the height of the dock so that the bottom of the decking is 3.5' above grade, and z • • 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of TOM & JULIA FITZPATRICK to clear and maintain a 4'x55' footpath through the high marsh area leading to a 4'x16' ramp up to a 4'x26' fixed dock section with a 32"x20' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile 8"diameter pilings, and construct a canoe and kayak storage rack, and as depicted on the plan prepared by Costello Marine Contracting Corp., last dated June 22, 2007, and received June 28, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 874.00 Very truly yours, James F. King President, Board of Trustees JFK/eac James F. King, President ~~0~ ~~Ujy~ Town Hall Jill M. Doherty, Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson 1~( # Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. ~ ~O Telephone (631) 765-1892 OIyCQU~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWIN OF SIOUTHrOLD TO: _ ~~bc~n ~c i!~ TZI~~-~4f ~~CX~ Please be advised that your application dated /n~cu 1, ~7 has been reviewed by this Board at the regular meeting o S.y,P o~ ~>7 and your application has been approved pending the completi of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 S` Day of Construction ($50.00) / '/2 Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ff.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: L/'~ca`i(~' ~ixed d~ ~ l0'isq~l x `~"3.co/{~-=`~ 31dQ° 3a'k cY~' r'ar~ f = 5b .st~1-,c ~3 • r.~~f-= 570 00 (~'~cao'-~lo~,~gdockz laos~l- x~3,oo~~t TOTAL FEES DUE: $ S~~l. OC) BY: James F. King, President Board of Trustees _ _ _ . - i 4 r~ilfi..a-X+.s't~sw P.--•.v_e_.~. _ . _ _ -T_r-Y°_~ _ _ .V - ~ i~ f 3 z.aiy. ~ ~.~n* - " 'R?" ~ w i~ ~ - ~ - - + I' - 4 T l• - T •7 r _ "`y ' ~:M yam..--a ,1d,~., r»i ..?+,:r.-. ~ - - - ~ : y`_~~. t ~ 1~' i'~-'_.. i w; . ~11_ ' 1s _ 1~V~ Z-:1• r1R ;r• \,y `•.3tr' yJ t4'' ~c ~ ° _ ,~rl'~ ~F ~ . T r "*,`.'1~ra*'~ `dlt -ti'~> ~7. y~''l" rC~3aN~'3`IR~.-~~' ~y." ia_.~.+~-+~,r' ~ ~ i w. yr~fr .~1 ~ ~ _ ~ i`. ~r - r' P~~^` ~ ` f ~r ~ C ~~"G - ~ t r' ~'~.~lM[ r* ~.M ~-~i? .sip ~ ~ 'A • _ z r - '~'.L^~ ) 1- ~sr~' X: ,.,G i ~ - w.- tit 3. `4d~Yl l ~ ~y w ~ i~w,! ~1 «~4~iq,...s syi ""?-'.FJr .~M! ~i\ ti~-~-~ ~ : y .f$. v ~ ~ „pr{~ 6;t is _ ~ d.+. ? r.. 1~: ~ ~ S .R q .tc; . . .r i . ~ !V ...r ,,,F+ C * yY~, [ ~ 'i.. ~ ~ G? r-` i ~ r ; ~ ~ - y1 ~~-``is~y~J+~tcdi'^~~~~~i"'.' ~ ~ ~ ~ ~ ~ ~ a • R ~ T1~ 1 James F. King, President ~ ~QF SO(/ry Town Hall Jill M. Doherty, Vice-President ,~0~ Ol0 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen G Q Bob Ghoaio, Jr. ~ ~ ~O Telephone (631) 765-1892 I~COO~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: ~ ` ~ 6~ Costello Marine Contracting Corp. on behalf of TOM & JULIA FITZPATRICK requests a Wetland Permit to clear and maintain a 4'X 55' mowed footpath through the high marsh area leading to a 4'X 16' ramp up to a 4'X 26' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile 8" dia. pilings, and construct a canoe and kayak storage rack. Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3 Ty,~e of area to be impacted: -Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of above: of Town Code proposed work falls under: _Chapt.275 Chapt. 1/11 -other Type of Application: Wetland -Coastal Erosion -Amendment Administrative -Emergency Pre-Submission Violation Info needed: Modifications: G~- r/~~~C- ~ Conditions: Present Were: _J King _ D herty `1'.Dickerson D Bergen B Ghosio, Jr l/H. Cusack- D. Dzenkowski -Mark Teny_other Form filled out in the field by Mailed/Faxed to: Date: 'Do n•+ ~N •IA n M.ciw. un il.. V<fl / Environmental Technician Review - VJ~ t s -C1-.~ I pt,lrp~ ~ 1 j iS r~-t ~ I~t~~"ctn jyrn '7~ a~w'(•,.Me.F. S-{ r+,,,,~. bk ~ F,yn~~~ ~ - ~/U 11 t71 h~~. IJ ~i \~'1 ? I ' ' ~.l/ ~ ~ _ ~n K, 1 h D~ 1A1111/1 ~ ~ In H~rY~ ~ 'W t~ can 0. . ~ tvve..l S i 1-E'0 IrJ w.a,, en -h fie,,,s. ; '(1„ I. ~ ti 1, rr. urz 1- 11~C~54r{~ ik w,ll ~ c~f-~o c,~,. ~c~`Cr~ w~ d-(-eve r~~ -..2;91ft~ cti. 11ro- . Nov, r,~ -fa S,.s-u ,.-.l I ti,x1p w.+ n, ~.h G3~nc'P~. i n ?an i V'ro ~ grSL~ k- ~-I~C~ Y G ~14 tiSJL2. -/P i~n.0 d- jx ~.R,a ir, 1~, a- r-~ " ! -cam • o~Og11FF0~K~, • h~ O~ Telephone p Town Hall (631) 765-1892 N ~ 53095 Route 25 Q ~ .tC P.O. Box 1179 fit` Southold, New York 11971-0959 col ~a 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: TOM & JULIA FITZPATRICK to clear and maintain a 4'X 55' mowed footpath through the high marsh area leading to a 4'X 16' ramp up to a 4'X 26' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile 8" dia. pilings, and construct a canoe and kayak storage rack. Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3 The CAC did not make an inspection, therefore no recommendation was made. • • 1<vw ~,ictuvicw nvuu Southold 11 / 16/06 _ fhb' _ _ - i _ f • . L.. rw _ . M ..yl~ r .ry1 xV. ~ 0 2 y x ~ - P_ - III f L _ X 'agr7~~ - fix. ~ ~...'-t 4r ~ QQy ~I•._~ r _ ~ o-'~~ r ~r .ea y r. 'T ~+~~~1~~ .may r~ 7r~. ~ r .r.: mc... - , -'t i~_ ~ ~ _ .:,fir ~{k,~:'e' r } x~! P r - ~o+` r' ~ F ~ ~ ,fy ~ r t~9`, ' tit. 21~ +r Tt~. ~ ~ ~i F ~t r a l{~~. ~FSs'yy f"r ;.r ~ + r ~~.q. v~ a ~r`L•' ~ ~ ~ nc:~; ^ . ~ 4 ~ r _ - 4 ,def. y, .rt~ ~ #~'.-r ~ ~ '.yf ' _ _ . _ _ _,e, - ~~a Y ~ ~ i 1 - ~ _ i;. i k: .:.r t om r itzpatnc?c 1030 Clearview Roa~ Southold 11/16/06 _ , ~ ~ t ::mot i - ?'gs A' ~ ~ ~ ~ k,.~,~~ ~ ~ ~ f; Y # a ~~r2T~ZS'r-' ~~P ~~r 4~~ si7~ ~ f wi ~ ist$~ja#- +~'i ~_s+,~u~ s j 4t i ~r -s Y.,. ~ rye I ! ~ ~ - F r ~ „ `1 - ~ - ~ ij ~ r1! J~. ~ _ - i 9 ~ yyy ~~p;og~.+ara g_.. - .~~t" 1F Mt ~~~`.+i'"~t~ y~ - _ _ _ _ 31 } _ 1, a ~ Y - :r vf! ~ _ ~ ~ ~ i`t i ° ; ~ " s ~ ~ ~i, '~1 _ ~sE .r -,AZ's'. - - - _ v f - - - s r _ r : i ^4~ 11~~yy ~yg~ t y t 8~ .~e~'5~9~'fIMV+~Ih~..J~. i i~ 'e _ '~i i •t. • ~ ~ I _ _ ~,x -r - - • 0.D. 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BOX 2124 GREENPORT, NEW YORK 11944 (516) 477-1199/477-1393/477-0682 July 13, 2007 Southold Town Trustees PO Box 1179 D ~~2~nn~ Southold, NY 11971 LS U Attention: Lauren and/or Elizabeth D RE: Fitrpatrick Property JUL 1 6 2001 Dear Lauren and/or Elizabeth: Southold Town Board of Trustees Enclosed is check # 26485 in the amount of $874.00 for the construction ees a inspection fees for Mr. Fitrpabick dock application. If you need anything further, please do not hesitate to contact me. Sincerely, Jane P. Costello Permit Manager Enclosure IaA COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 • GREENPORT, NEW YORK 11944 • (631) 477-1199 / 477-1393 / 477-0682 • FAX (631) 477-0005 ]une 27, 2007 Southold Town Trustees D t5 lrn is ~ u LS PO Box 1179 D Southold, NY 11971 JUN 2 8 2007 Attention: Lauren Southhold Town RE: Fitrpatrick Property - 1030 Clearview Road, Southold Boara of Trustoas Dear Lauren: Enclosed are three copies of revised plans removing proposed "mowed" footpath, relocating the canoe and kayak rack to the fixed dock section, and lowering the height of the dock so that the bottom of the decking is 3.5' above grade. If any additional information is needed, please do not hesitate to contact me. Sincerely, Jane P. Costello Permit Manager Enclosures OFFICE LOCATION: SOUlyQ MAILING ADDRESS: Town Hall Annex ti~ l0 P.O. Box 1179 54375 State Route 25 l~( * Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) H ~ G Q Telephone: 831785-1938 Southold, NY ~ • Fas: 831 785-3138 Q~'~OOUNiV LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD p~~~1 _ JUN 2 0 Z00T D To: James King, President Town of Southold Board of Trustees ~ ~ From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: June 20, 2007 Re: Request for Wetland Permit for TOM & JULIA FITZPATRICK SCTM# 89-3-11.3 Revised proposal TOM & JULIA FITZPATRICK requests a Wetland Permit to clear and maintain a 4'X SS mowed footpath through the high marsh area leading to a 4'X 16' ramp up to a 4'X 26' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile 8" dia. pilings, and construct a canoe and kayak storage rack. Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP; Note the dock is not permitted over vegetated wetlands located within a New York State Sianiticant Fish and Wildlife Habitat Area pursuant to 275-11. Construction and operation standards; see response to Sub-policy 6.3 below. The proposed action is located in Cedar Beach Point/Bay a New York State Significant Fish and Wildlife Habitat Area. The Coastal Fish and Wildlife Assessment Form language follows: COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Cedar Beach Point Designated: March 15, 1987 Date Revised: May 15, 2002 County: Suffolk Town(s): Southold 7Yz Quadrangle(s): Southold, NY CEDAR BEACH POINT LOCATION AND DESCRIPTION OF HABITAT: Cedar Beach Point is located at the tip of Great Hog Neck, north of Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat is approximately 85 acres in size, consisting of sparsely vegetated sand beach and dredged material deposits, a small protected bay (Cedar Beach Creek), mud flats, and salt marsh. The New York Natural Heritage Program has documented seabeach knotweed, a rare plant species, in this area. The area is owned by Suffolk County and houses the Cornell Cooperative Extension Marine Program. The habitat is generally bordered by low to medium density residential development. The mouth of the creek is subject to periodic maintenance dredging. FISH AND WILDLIFE VALUES: Cedar Beach Point is a small coastal wetland area, similar in nature to many other points around the Peconic Bays shoreline, but important as a habitat for various fish and wildlife species. This area has served for many years as a nesting site for least terns (T). In 1982 and 1983, approximately 80-90 pairs of least terns nested in the area, making this colony one of the largest on the north fork of Long Island, of county-level significance. However, human disturbance of the area, including pedestrian traffic and recreational vehicle use, has been a serious problem for many years, and least tern populations have declined to around 5-6 pairs annually by the late 1980s. During the 1987-1996 period, however, the annual average number of pairs of least tern nesting at this site was 15; nesting populations appear to be on the rise in the late 1990s, with a peak number of 63 pairs observed in 1996. Common tern (T) nested at Cedar Beach Point in the mid-1990s, ranging from 1-14 pairs. More information about the importance of this site for common tern nesting is needed. Piping plover (E, T-Fed) nest regularly at Cedar Beach, with an annual average of 1 pair observed during the 1987-1996 period. The peak number, 2 pairs, was observed in 1995. The appearance of this species has become more regular throughout the 1990s. Osprey (SC) have nested in the area for many years, using man-made nesting platforms located in the habitat. The tidal wetlands at Cedar Beach Point serve as feeding areas for both least tern and osprey, as well as for many other wildlife species. Black skimmer (SC) have appeared at Cedar Beach Point in high concentrations (several hundred). Low marsh areas of these wetlands support healthy populations of fiddler crabs. Diamondback terrapin are also present here: more information is needed to determine importance of this population. Cedar Beach Point may provide important breeding habitat for horseshoe crab, but additional documentation is required. In addition to its ecological values, Cedar Beach Point is an important area for marine sciences education and research. The Cornell Cooperative Extension Marine Program is located at Cedar Beach, and the area is heavily used by faculty and students as a "living laboratory". IMPACT ASSESSMENT: It is essential that any potential impacts on Cedar Beach Point be evaluated with respect to the established science program here, and the need to maintain natural or controlled experimental conditions. Any activity that would substantially degrade the water quality in Cedar Beach Creek would adversely affect the biological productivity of this area. All species of fish and wildlife would be affected by water pollution, such as chemical contamination lincluding food chain effects resulting from bioaccumulationl. oil spills. excessive turbidity. storm water runoff, and waste disposal. It is essential that high water quality be maintained in the area, primarily by controlling discharges of sewage and other pollutants from upland sources. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Alteration of tidal patterns at Cedar Beach Point would have major impacts on the fish and wildlife communities present. Elimination of salt marsh and intertidal areas. through mowing, loss of tidal connection. excavation, ditching or filling, would result in a direct loss of valuable habitat area. Construction and maintenance of shoreline structures. such as docks. criers. bulkheads, or revetments, in anv cart of this area, may have a significant impact on the fish and wildlife resources of Cedar Beach Point. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation- based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Maintenance dredging in the Cedar Beach Point area should be scheduled between September 15 and December 15. Dredged material disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat for certain species of wildlife, especially nesting birds. There is some indication, however, that as a result of the potential for overwash onto salt marshes, this site does not exhibit optimal conditions for dredged material placement. Nesting shorebirds inhabiting Cedar Beach Point are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. A. Protect Significant Coastal Fish and Wildlife Habitat values from uses or activities that would: 1. Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effects of actions, which would result in a loss of habitat. 2. Significantly impair the viability of the designated habitat beyond the tolerance range of important fish or wildlife species which rely on the habitat values found within the designated area through: a. degradation of existing habitat elements, b. change in environmental conditions, c. functional loss of habitat values, or d. adverse alteration of physical, biological, or chemical characteristics. The habitat impairment test presented in this section must be met for any activity that is subject to consistency review under federal and state laws. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. Definitions Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated azea. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or by increases in runoff, erosion, sedimentation or pollutants. Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of important species of fish or wildlife that rely on the habitat values found within the designated area. Indicators of a significantly impaired habitat focus on ecological alterations and may include, but are not limited to, reduced carrying capacity, changes in community structure (e.g. food chain relationships, species diversity, etc), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of a species of fish or wildlife has been defined as the physiological range of conditions beyond which a species will not survive at all. In this document, the term is used to describe the ecological range of conditions that supports the specie's population or has the potential to support a restored population, where practical. Two indicators that the tolerance range of a species has been exceeded are the loss of individuals through an increase in emigration and an increase in death rate. An abrupt increase in death rate may occur as an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range of parameters that should be considered in applying the habitat impairment test include, but are not limited to, the following: 1. physical parameters, such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates 2. biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns, and 3. chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heary metals, toxics and hazardous materials) The uroposed action will result in a habitat destruction and significant impairment with the physical loss of si~ificant fish and wildlife habitat. If the dock is constructed the loss of high and intertidal marsh habitats will occur. In addition, if wood treated with chemicals or preservatives are used in the construction of the dock piles, bioaccumulation in marine organisms could occur, degradine the health of such organism. B. Where destruction or significant impairment of habitat values cannot be avoided, minimize potential impacts of land use or development through appropriate mitigation. Use mitigation measures that are likely to result in the least environmentally damaging feasible alternative. Mitigation includes: 1. Avoidance of potential adverse impacts, including: a. avoiding ecologically sensitive areas, b. scheduling activities to avoid vulnerable periods in life cycles or the creation of unfavorable environmental conditions, c. preventing fragmentation of intact habitat areas. The destruction of habitat can be avoided through other public land access alternatives (vessel moorings). The action, as proposed, will result in the continued fraErnentation of a New York State Significant Fish and Wildlife Habitat Area. Approval of the action will result in the continued physical loss of the ecological sensitive area. 2. Minimization of unavoidable potential adverse impacts, including: a. reducing scale or intensity of use or development, b. designing projects to result in the least amount of potential adverse impact, c. choosing alternative actions or methods that would lessen potential impact. The proposed action and associated impacts could be mitigated by seasonally mooring a vessel in public waters. This alternative would lessen the potential impacts to the high and intertidal marsh areas. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Chapter 275 defines a dock as: DOCK Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks." Note that a dock is not permitted over a vegetated wetland located within a "significant habitat area" or Significant Fish and Wildlife Habitat Area pursuant to 275-11. "Construction and operation standards. [3] Prohibited locations and activities. [a] Given the unique and sensitive natural environmental characteristics described in the Towp of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay. Hashamomuck Creek and Pond and West Creek. In addition the applicant has not demonstrated that the following dock standards pursuant to & 275-11. Construction and operation standards have been met. ~ (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock 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 adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, 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; [1l] 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. • Ot6ce Use Only Coastal Erosive Permit Application ~etlaad Pemut Application _ Administrative Permit ; Amendmentlfraos er/E#ension - t Received Application: 7 ~eceivedFee:$ ~ ~ompletedA~lication I - 'O~~}] Incomplete _SEQRA Classification: Type I Type II_Unlisted ~ ~ _Coordinafion:(datesent) - ' .2AC Referral Sent:~b .late of Inspection:~L LPL°-Z -Receipt of CAC Report: -Lead Agency Determination: _Technical Review: iPtrblic Hearing Held A ~ 0 Resolmion: Name ofAp~p{li~ca-nt7 ~1.6wt 4 I,. U,~ I.G/, ~ ~ 1' I LL_ 1~.~ Address `~i"//1~~' / CQ,S+ ! ~ ~ %`I'1'CC~ ~I~D/+ 7f~• t New Y ~~00`•I Phone Number:( ) qy 7332~9~5 Suffolk County Tax Map Number:/1~/000 - 89 - 3~J• J Property Location: ~ IPQY ~r°~ K~ ~u~ho(rf IVY X197/ (provide LILCO PoJle distance to cro s streets, and location/). AGENT:~ST~~/O Ylrlt° (IYI ~I"QrT{~1~ l 0/~P• (If applicable)]~/ ~j Address: / U ~2/ r~eh na vl . /U Y 1 (gal Phone: ~ _ ~oard o£ Trustees Applicati~ GENNERAL DATA Land Area (in square feet): 3~~"d~ / r _ Area Zoning: ~n ' S/nQrlP ~'rG((~(_~~' LSI~I~J'I71CC{' Previous use of property: .Jt110 G ,~L(Yi'II~U ~CSIC(U1 Intended use of property: ~ r° Prior permitsJapprova(s for site improvements: Agency Date No prior permits/approvals for site improvements. Has any pemvt/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary): C: ~C'QI' G~nU' ~1'1Qlf'l T7l(rl g ~ x /o~~,~~~c~h throxolt N~4k MarsLi ~/yam i/ina ~ a_.`~:~ /G' ra~rt~o~t. 9'~~ JG ~ ~zt~ CIO/C~ 5r~~i/M ~~fh a p~/~"~XoZD' S~asoha.` a ummun~t rt1~jA ~n><0 /.t. G'x,zQ~ 5~//SGLIQJ' fld2><tr[C! Il~QC~ '~CdrPd ~G~f/1 ~ ~/t B"diarn~fc? P~I~K~ . «tsfrucf a ra,rroe ~cnA /yak s~asar.~.~ Si<a,-aq~ ra~K. . •loard of Trustees Applicati~ County of Suffolk State of New York ~ 0 QV e t YI~EING DULY SWORN DEPOSES AND AFFIRMS THAT E/SHE IS THE APPLI ANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONNNCTION WITH REVIEW OF THIS APPLICATION. ignature SWORN TO BEFORE ME THIS__DAY OF_~'20"` tary ublic CYNTHIA M. MANWARING XfARY PUBLIC, STATE OF NEW YORK NO:01 MA6100507 nUA!_1FIED IN SUFFOLK COUNTY '.U~,"iNISSiON EXPIRES OCT. 20 . •oard of Trustees Applicati~ WETLANDlTRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: /o D~ /1 C~~~ ~ the r ~ fa r a naa l/ Area of wetlands on lot:~~ ~ square feet Percent coverage of lot:_~% Closest distance between neazest existing stmcture and upland edge of wetlands: 801 feet Closest distance between neazest proposed structure and upland edge of wetlands: ~a 3 feet Dces the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N A cubic yazds How much material will be filled? N R cubic yazds Depth of which material will be removed or deposited: ~~e feet Proposed slope throughout the azea 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): ~1.i,ll~~s~.rbec~ d~,nna Ca?~ruc{twi.T ~ 11 a Sr~KI ca?tf ~w~pacf . 617.20 Appendix C .State Environmental Quality Re w SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be com leti3d b A licant or Pro act S nsor 1. APPLICANT/SPONSOR 2. PROJECT NAME COSTELLO MARINE CONTRACTING CORP. (CMCC) TOM & JULIA FITZPATRICK 3. PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1030 CLEARVIEW ROAD, SOUTHOLD, NY 11971 SCTM #1000-89-3-11.3 5. PROPOSED ACTION IS: Q? New ~ Expansion ~ Modification/alterafion 6. DESCRIBE PROJECT BRIEFLY: Cleaz and maintain a 4'x55' foot path through high marsh leading to a 4'x16' ramp up to a 4'x26' fixed dock section with 32"x20' seasonal aluminum ramp onto a 6'x20' seasonal float secured by two 2-pile 8" mooring piling. Construct a canoe and kayak seasonal storage rack. 7. AMOUNT OF LAND AFFECTED: Initially - acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industrial ~ Commercial ~ AgriculWre ~ Padc(Forest/Open Space ~ OMer Describe: PRIVATE RESIDENTIAL WATERFRONT 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes ~ No tF Yes, list agency(s) name and penniUapprovals: DEC, DOS, ACOE, TOWN 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No NYes, list agency(s) name end permiUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicandsponsor name: Jane P. Costello, Pemtit Mana);er for CMCC Date: Apri127,2007 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 . »~x FROM COSTELLO MRRINE CONT. • PHONE N0. 631 477 0005 ~ Sep. 26 2006 09:34RM P4 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS -23 F7FTH STREET • P.O. BOX 272a • GREENPORT, NEW YOAK N94a • (631) a77.1199 i a??-1393 i a77-0682 FAX iE3 GGJi~ nvraox><zar><orv l~oxM l'~ ~fIV4d£ ~OMf, n I, l CIO - I Gty7 owner of ~e4~yicti.~/ ~CO~ (Flame) nQ p 1 (Business/Property Name) located at C)P~le~/ I~o4oQ~ ~S~v fdt Ny do hereby give Costello Marine Contracting Cotp. the authority to act as agent in my behalf in applying for al] the necessary permits for work to be completed at my above referenced property. l ~ Date Si ure / • Town of Southold • • 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, Toyvn of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Excepi minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questipns in Section, C, the prepazer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A~`proposed action. will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Towm). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standazds and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standazds and conditions. If an action cannot be certified as consistent with the LWRP policy standazds 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 ofTrustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board ? Planning Dept. ? Building Dept. ? Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ? construction, planning activity, agency regulation, land transaction) ? (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: . ~lP/lY r/j~/Yl~i1!{? a 9Wld/. X.J~J~~QYI~~~It'O ~~i ~iti~li, ~LiQ?S~ >7r~a. la~drr ~ 4 X ramp ~ ><o Q 4 X ar,' ~XC~~a~ s«fion . ~f~l a. "x So ~ ~ rnrl?D avt ~O a 'x~l~_ Sccccred by~.Z~ z ~;lc 8" mcnrtK tltsy • ~~rsfi~uc~ a aznae acrd K4ra~ seascaa.0 sf~-a9e v~e~ . ` Location of action: Q «j Site acreage: ~.D(p Present land use: ,//„p~U Present zoning classification:/Q SiNi%/S ~iH/~c~ ~i~sidt",r7Q! 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: ~ ~ ~/q, ~f~ n (b) Mailing address: "t"77 EQ9t" Cp' ~~_T~ 7q l~~cul k. ~~Y lt~19 (c) Telephone number: Area Code 4iT/"7~ 3 - 4g~5 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No ? If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Yes ~ No ? Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ~ Not Applicable • ' Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. ? Yes ? No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. Yes ? No ? Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Yes ? No ? Not Applicable ,Attach additional sheets if necessary • t Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWI2P Section III -Policies Pages 6 through 7 for evaluation criteria Yes ? No ? Not Applicable Attach additional sheets if necessazy NATURAI, COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies~7P{ages 8 through 16 for evaluation criteria ? Yes ? No ~ Not Applicable Attach additional sheets ifnecessazy Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRp Section III -Policies Pages 16 through 21 for evaluation criteria ? Yes ? No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWItP Section III -Policies; Pages ZZ through 32 for evaluation criteria. ? Yes ~ No ? Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Yes ~ No ? Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LW12P Section III - Polic~ie-~s(; Pages 65 through 68 for evaluation criteria. ? Yes ? No i,~J Not Applicable Created on S/25/OS 11:20 AM Date: April 27, 2007 • • To: Southold Town Trustees and Mark Terry Proposal: Clear and maintain a 4'wide by 55' long mowed foot path through the high marsh area leading to 4'x16' ramp up to a 4'x26' fixed dock section with a 32"x20' seasonal aluminum ramp onto a seasonal floating dock secured by two 2-pile 8" mooring pilings. Construct a canoe and kayak seasonal storage rack. DEVELOPED COAST POLICIES 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 developmerrt. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of SoufAwld. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish its self within a season's time. The size of our dock structure is appropriate for this area. We are proposing a small 4' wide structure to access deep water then place a 6k20' seasonal float to service a small boat. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the Flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmerrtal degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. 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. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. Page Z of 2 LWRP for Fitrpatrick WORIQNG COAST POLICIES Policy 10 Protect the Town of Southold's water-dependeirt uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy it Promote sustainable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there wont be much impact on the living marine resources. The dock will be only be 4' wide minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3'/z feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and developme~rt of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. James F. King, President ~~~F S~UJyO Town Hall Jill M. Doherty, Vice-Preside\r1t h0 l~ 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen ~ Telephone (631) 765-1892 Bob Ghosio, Jr. O~A,COU~'~,~a Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) 1 r - I AFFIDAVIT OF/yPO-SITING I, ~,1Q„IAQ. ~(~i('IlD ,residing at 1~a~ l ,ll0~t('I~ ~~(LLf~~tlVl~:~~~ being duly sworn, depose and say: That on the day of , 200 , I personally posted the property known as /0 30 l'IPOr d~~~nn ~ f 2+><ha/ IVY //9 7/ by placing the Board of Trustees official poster where It can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held ~ I)p®, ~ f Q , U7 ~n avt d.tt (o.~ Dated: (s~ re) Sw rn to fore me this Q~ ~ay o 200 o ry ublic CYNTHIA M. N ARING NOTARY PUBLIC, S AT OF NEW YORK N0:01 MA 00507 QUALIFIED IN SUFFOLK COON COMMISSION EXPIRES OCT. 20 Town of Southold Postin Tom & Julia Fitzpatrick ~ • I NOTICE OF-HEARING NOTCF IS MEEfBV GIVEN ihoi o wbLe Mane Y br hrld by the ~ S' SOUFMOlO EOeYO OF iEU5FEE5 rt i to.n Mall, 1]005 hbin Emd, t ,~s-~`' saga. Nw raF. INS F•wah. i"v ~ OWNERISI OF RECORD:'IbM'EdWp HKpatFlct SU81cc~~UE~~G cuuw wawo~, Y'lb: 4'~ iV W Y03 YF ~ ry~jy yeFlYC Y 1~91YMp T~frtE 8 DAiE OF PIIBUC H RI wmww,u ~.u~ uw,auaao,oDO'f•onawu~ wPIB. d Yh lYw O~MW'P IIW PaI•F~. Mr+nr imhd b.w ll'n_ }wn hlel~l h,::v.-.'... .h:h ar o.m6H.b n~p~m peal. dnydd. henry ~ndLyie r..ra bn..«~6m M.v~MMm dBome~ETem BOAiD q TWSiEE+' T(WM OF SOUIhNMD' III ]E5~ 1 B92 ~.y • _ + f . ~~E, t: x'~IFfY:l :.'P. ~ m ~ z ''77 7 I,..... k, _ _ d'."' PROOF OF MAILING OP NOTICE ATTACFI CERTIk'IiED MAIL RECEIPTS 706 0810 0003 6881 9292 7006 D810 0003 6881 9285 p; o tnl to m~ m o, o tN, m ~ m~ m m;0~. m o~ o~ pm. m_m~ Hm ~ oa: ~ ~ 3 ~3 ~ AddLeS$ m ~a~ ~ ~a 3~ t> C ~ - N o2:~ `°o da m - N z2i.}~ v 30 _a w t\In' n. m cT ~T T w N ..P ~ 'mT r ~ v ~ ~ ~ ~ ~l ~ ~i ~ yq~ ~G X55 4 ~ ~ ~ N Gil O ~ ~ Gill O N TNT^ ~Cyb 1~ ~ ~ ~ ~ g Cn ~ ' u p µ v' • ~ ~ CO 8 tJl ¦ O W N ~ ~ g~ g ((y~~ ~ 3 J ~ s ulJ ` s ~~µ1 , ,residing at alp (7~ o ~ kd' v l 11e~N'f I ~ 78 ~ being duly sworn, deposes and says that on the 3 day of ~f use , 2002, deponent mailed a true copy of the Norice set forth in the Board of Trustees Application, directed to each of the above named per sons at the addresses sei opposite theze respective names; that the addresses set opposite. tlxe names of said persons arc the address of said persons as shown on the current assessme t roil f the ~ owe, of Southold; that said Notices were mailed at the United States Post 0.`f~tce a~ Y that said Notices mete mailed to each of said persons by (certifie , (registezed) xaiL Sworn before me this Day- 0 20~'~- otary Public CYNTH A M. TA E OARNEW YORK~~~~ ~~eiTARY PUBLIC, S NO:Ot MA6100507 :;tUALIFIED IN SUFFOLK COUN ~1,iP~AISSION EXPIRES OCT. 20 ~ ~ ~ - - t COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 • GREENPORT, NEW YORK 11944 • (631) 477-1199 / 477-1393/477-0682 FAX (631) 477-0005 April 27, 2007 Southold Town Trustees ' i PO Box 1179 ~ " - ' = Southold, NY 11971 Attention: Lauren RE: Fitrpatrick property - 1030 Clearview Road, Southold Dear Lauren: Enclosed you will find a new application for Tom and Julia Fitrpatrick. This project has changed a few times and I was advised to submit new paperwork in an attempt to avoid any confusion. This application illustrates the dock design approval by the DEC. If you have questions or concerns, please do not hesitate to contact me. Sincerely, Jane P. Costello Permit Manager Enclosures i ~ James F. King, President ~OF SO(/Tyo To~t~„ i-iall Jill M. Doherty, Vice-President l~ 53096 Roule 25 Peggy A. Dickerson ~ ~ P.O. Boa 1179 Southold, Ne~i~ Yurk ll971-0959 Dave Bergen G 13ob Ghosio, Jr. ~ ~4 Telephmie (631) 76b-1892 ~~~CDU~ Fax r631 i iG6-(i6~41 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated >'a ~~S~o6 has been reviewed by this Board at the regular meeting of a `I/o~ and the following action was taken: S ~ ~ k r~s w ~ IqN rC?, Cc4f'~t k Imo' la~d~u~ s~~~ O Application Approved (see below) ~5e ,,,~,r„ Application Denied (see below) O Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES' ~jna ( I>1S~c-hon~ SO ~ TOTAL FEES DUE: $ 50 ` - 1 BY: James F. King, President_ 1~(O?a~ ~D~C~2~ Board of Trustees ' "11 S ~ G 7 cf" ~o~2~G{~a ~ZG d ~ .'i. ~ . F a It rr f4r { ~j %r~`Y`Y 1 j r' '3 ~ ~ jr ~.k'•+ ~C,~. t~'f r_ C ~ i i~.~c ~~~11 ~ C.c~' ~ ¦/[~y1 i~A t~ ~ ~7 a f _ ~*yt'T';~~'4.1~ y'r~.r~~ _ S M ~r y r ~,,1 •,t~ ~`k. r ~ ~M l~,d .J'~~~'.~•- s if1 t~'- ~'i~~. n f~~w I ~.~.M s ix. ~ 1 ; r3; ~ .1~~L'~n(~-~ A° ~ ~ i ~ aa. y~~ ,r~i7_~~' _~j lr r s' / , ~I f 6- ~ f' ~T3 ,y _ F J~ ~ s.sat"-'S yl" -~Vtl~'` r~' I ~~I'J~~~~ 'r.l~' ~'`~~.t~~ +J.r ~ ~'-'^~'r~~:` r , µ • ~ "ter ti s - ~i r~ ~r + . ir.~.n,.".. :~,V ril.. r .iyf~~~:ty' ;':~~..~6' r:. J i. ~ -^ni~ti ..r ~1~V\ o~~gUFFO(,~~o °y.• Telephone p Town Hall Z (631)765-1892 y 53095 Route 25 p .tC P.O. Box 1179 • Qt` Southold, New York 11971-095'1 col * ~a CONSERVATION ADVISORY COUNCIL TOWN OI+ SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., January 10, 2007, the following recommendation was made: Moved by Jack McGreevy, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of TOM & JULIA FITZPATRICK to construct a 4'X 16' ramp up to a 4'X 20' catwalk continuing with a 4'X 42' catwalk section onto a 4'X 20' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a seasonal 6'X 20' floating dock secured by two 2-pile 8" dia. pilings. Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3 Inspected by: Jack McGreevy The CAC Supports the application, however, recommends the applicant re-designs the catwalk into a straight line and avoids the use of treated lumber on the entire structure. Vote of Council: Ayes: All Motion Carried James F. King, president --``\\~pF $Q~~. Jill M. Doherty, Vice-President Qvv 9p~~ - Ton-n Hall ~ p ~ 53095 Roncr _°G Peggy ~ Dickerson Y, ~S P O Box L + Dave Bergen r ~ ~ ~ Southold,' Vurk ] ~ i nu3ci ~i • Q Bob Ghosio, Jr. ~~o~ ~~1~,~ Telephone i '1~-, 7;~,-, ~~C~(I~,~~~~~ Fas fi 1-g5- c - ~r: BOARD OF TOWN TRUSTEES TOWiV OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Wark session Report Date/Time: I J~ Costello Marine Cont acting Corp. on behalf of TOM & JULIA FITZPATRICK requests a Wetland Permit to construct a 4'X 16' ramp up to a 4'X 20' catwalk continuing with a 4'X 42' catwalk section onto a 4'X 20' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a seasonal 6'X 20' floating dock secured by two 2-pile 8" dia. pilings. Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3 TXpe of area to be nnpacted: -Saltwater Wetland -Freshwater Wetland Sound Front -Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: _Chapt.275 Chapt./111 -other Type of Application: V Wetland -Coastal Erosion -Amendment -Administrative -Emergency Info needed: Modifications: Crz~r,J2~11v ~•{('4eQ{e,.{ r~~ ~At.,-~~f~l~-(' ~Gn~~ ~w~ ~ Conditions: Present Were: l/.l'King vJ.Doherty _P.Dickerson ~Bergen_ B. Ghosio, Jr H. Cusack D. Dzenkowski other Mailed/Faxed to: Date: Environmental Technician Review .tom r~itzpatnck 1030 Clearview Road ~ • Southold 11 / 16/06 i A ~L 8. /J .I~J/ltC~~/.' ~o4K /ss~~llGfl'7.IT :1 W t d{' ~Y'`fM ."!..yam"~ . F~T ~}I T - _ . ''s t r.~~.'t" 7.. ~t Y. ~:;f: ` y- 1 . _ .F~T.. l ~ I ~ r' ~ n` r r - r z 'r`, ~ .t ql 'T',++41'i•ti:-"r-.tMt"`'r"'ER "'~'fY=-aaf7Yr.-, t ~t i~ Y~. ~j~ ti/~~ i - 4: t _ _ ..ri - ~ ~ ~ .RJR ~I .4,'.~_ - 1 i f* _ ~ : ' _ y" z rti<• a . r ~ i 7 yTS ~ 4 ~ y `1 { } ``c~l a ~ tr t'= S i~. ,U~ rl~. 'I,P ~1' yd' `a i r 9 l~.S' ~ _ `k - ~ ~ ~ f i~~ 'til IJ r t.6 ~N ` ~ ~a~. * ~ * ~r.,~ ~ i Nr- r I~~{J ~hj ~.-~rrc~ yr, :";4 r _ 6 GlJ L v O iG iN c~ U~C.!/~ (J4.lb~- 3 - - . - - J C~L... - - - - -7 M- ~ , ; waTc.n~yr, /gIJCJNQ,~y ~ : - - ~ 'r.T ~ ~ ~ i, - o~: y ~i ,Tom Fitzpatrick • 1030 Clearview Road ~ • Southold 'i 11/16/06 ~ ~r ~ 7'c.-rte ~,1' f h ipC l9 ~ . f~~J 7Rj~J : `1 f ~ ~ 111 ~ ~ti' .r 4A 1 i.7" ~1 l~ 1 1 1 (f7 - _ - - _ _ ~ I - - _ - - _ _ - LLLiii iiiPP ~y ~ti=• ' 1. li~. c: -7-v n_,n. :mac: v.-xa .mss;.;' ?~L.ZV Loa~G.+~ay - - 1~'-.t i i ~ J; 'f. ~A _ ~ ; - MAILING ADDRESS: PLANNING BOARD MEMBERS ~O~"~Qf S0 P.O. Box 1179 JERTLYN B. WOODHOUSE Southold, NY 11971 Chair ~ ~~j OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR T • ~ 54375 State Route 'L5 GEORGE ll. SOLOMON ~~l ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND yppONTV~~~~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King, President Town of Southold Board of Trustees „'i _ _ C'~UI' From: Mark Terry, Principal Planner LWRP Coordinator Date: January 22, 2007 Re: Request for Wetland Permit for TOM & JULIA FITZPATRICK SCTM# 89-3-11.3 Costello Marine Contracting Corp. on behalf of TOM & JULIA FITZPATRICK requests a Wetland Permit to construct a 4'X 16' ramp up to a 4'X 20' catwalk continuing with a 4'X 42' catwalk section onto a 4'X 20' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a seasonal 6'X 20' floating dock secured by two 2-pile 8" dia. pilings. Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP; Note the dock is not aermitted over veeetated wetlands located within a New York State Si¢nificant Fish and Wildlife Habitat Area 9ursuant to 275-11. Construction and operation standards; see res9onse to Sub-policy 6.3 below. The proposed action is located in Cedar Beach Point/Bay a New York State Sienificant Fish and Wildlife Habitat Area. The Coastal Fish and Wildlife Assessment Form laneuaee follows: COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Cedar Beach Point Designated: March 15, 1987 Date Revised: May 15, 2002 County: Suffolk Town(s): Southold 7Y2 Quadrangle(s): Southold, NY CEDAR BEACH POINT LOCATION AND DESCRIPTION OF HABITAT: Cedar Beach Point is located at the tip of Great Hog Neck, north of Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat is approximately 85 acres in size, consisting of sparsely vegetated sand beach and dredged material deposits, a small protected bay (Cedar Beach Creek), mud flats, and salt marsh. The New York Natural Heritage Program has documented seabeach knotweed, a rare plant species, in this area. The area is owned by Suffolk County and houses the Cornell Cooperative Extension Marine Program. The habitat is generally bordered by low to medium density residential development. The mouth of the creek is subject to periodic maintenance dredging. FISH AND WILDLIFE VALUES: Cedar Beach Point is a small coastal wetland area, similar in nature to many other points around the Peconic Bays shoreline, but important as a habitat for various fish and wildlife species. This area has served for many years as a nesting site for least terns (T). In 1982 and 1983, approximately 80-90 pairs of least terns nested in the area, making this colony one of the largest on the north fork of Long Island, of county-level significance. However, human disturbance of the area, including pedestrian traffic and recreational vehicle use, has been a serious problem for many years, and least tern populations have declined to around 5-6 pairs annually by the late 1980s. During the 1987-1996 period, however, the annual average number of pairs of least tern nesting at this site was 15; nesting populations appear to be on the rise in the late 1990s, with a peak number of 63 pairs observed in 1996. Common tern (T) nested at Cedar Beach Point in the mid-1990s, ranging from 1-14 pairs. More information about the importance of this site for common tern nesting is needed. Piping plover (E, T-Fed) nest regularly at Cedar Beach, with an annual average of 1 pair observed during the 1987-1996 period. The peak number, 2 pairs, was observed in 1995. The appearance of this species has become more regular throughout the 1990s. Osprey (SC) have nested in the area for many years, using man-made nesting platforms located in the habitat. The tidal wetlands at Cedar Beach Point serve as feeding areas for both least tern and osprey, as well as for many other wildlife species. Black skimmer (SC) have appeared at Cedar Beach Point in high concentrations (several hundred). Low marsh areas of these wetlands support healthy populations of fiddler crabs. Diamondback terrapin are also present here: more information is needed to determine importance of this population. Cedar Beach Point may provide important breeding habitat for horseshoe crab, but additional documentation is required. In addition to its ecological values, Cedar Beach Point is an important area for marine sciences education and research. The Cornell Cooperative Extension Marine Program is located at Cedar Beach, and the area is heavily used by faculty and students as a "living laboratory". IMPACT ASSESSMENT: It is essential that any potential impacts on Cedar Beach Point be evaluated with respect to the established science program here, and the need to maintain natural or controlled experimental conditions. Any activity that would substantially degrade the water quality in Cedar Beach Creek would adversely affect the biological productivity of this area. All species offish and wildlife would be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills excessive turbidity. stormwater runoff, and waste disposal. It is essential that high water quality be maintained in the area, primarily by controlling discharges of sewage and other pollutants from upland sources. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Alteration of tidal patterns at Cedar Beach Point would have major impacts on the fish and wildlife communities present. Elimination of salt marsh and intertidal areas, through loss of tidal connection, excavation, ditching or filling, would result in a direct loss of valuable habitat area. Construction and maintenance of shoreline structures, such as docks, piers, bulkheads or revetments, in any part of this area, may have a significant impact on the fish and wildlife resources of Cedar Beach Point. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation- based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Maintenance dredging in the Cedar Beach Point area should be scheduled between September 15 and December 15. Dredged material disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat for certain species of wildlife, especially nesting birds. There is some indication, however, that as a result of the potential for overwash onto salt marshes, this site does not exhibit optimal conditions for dredged material placement. Nesting shorebirds inhabiting Cedar Beach Point are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. 6.2 Protect and restore SigniScant Coastal Fish and Wildlife Habitats. A. Protect Significant Coastal Fish and Wildlife Habitat values from uses or activities that would: 1. Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effects of actions, which would result in a loss of habitat. 2. Significantly impair the viability of the designated habitat beyond the tolerance range of important fish or wildlife species which rely on the habitat values found within the designated area through: a. degradation of existing habitat elements, b. change in environmental conditions, c. functional loss of habitat values, or d. adverse alteration of physical, biological, or chemical characteristics. The habitat impairment test presented in this section must be met for any activity that is subject to consistency review under federal and state laws. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. Definitions Hafiitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or by increases in runoff, erosion, sedimentation or pollutants. Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of important species of fish or wildlife that rely on the habitat values found within the designated area. Indicators of a significantly impaired habitat focus on ecological alterations and may include, but are not limited to, reduced carrying capacity, changes in community structure (e.g. food chain relationships, species diversity, etc), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of a species offish or wildlife has been defined as the physiological range of conditions beyond which a species will not survive at all. In this document, the term is used to describe the ecological range of conditions that supports the specie's population or has the potential to support a restored population, where practical. Two indicators that the tolerance range of a species has been exceeded are the loss of individuals through an increase in emigration and an increase in death rate. An abrupt increase in death rate may occur as an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range of parameters that should be considered in applying the habitat impairment test include, but are not limited to, the following: 1. physical parameters, such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates 2. biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns, and 3. chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials) The proposed action will result in a habitat destruction and significant impairment with the phvsical loss of significant Tish and wildlife habitat. If the dock is constructed the loss of high and intertidal marsh habitats will occur. In addition, if wood treated with chemicals or preservatives are used in the construction of the dock piles, bioaccumulation in marine organisms could occur, degrading the health of such organism. B. Where destruction or significant impairment of habitat values cannot be avoided, minimize potential impacts of land use or development through appropriate mitigation. Use mitigation measures that are likely to result in the least environmentally damaging feasible alternative. Mitigation includes: 1. Avoidance of potential adverse impacts, including: a. avoiding ecologically sensitive areas, b. scheduling activities to avoid vulnerable periods in life cycles or the creation of unfavorable environmental conditions, c. preventing fragmentation of intact habitat areas. The destruction of habitat can be avoided through other public land access alternatives (vessel moorings). The action, as proposed, will result in the continued fragmentation of a New York State Significant Fish and Wildlife Habitat Area. Approval of the action will result in the continued phvsical loss of the ecological sensitive area. 2. Minimization of unavoidable potential adverse impacts, including: a. reducing scale or intensity of use or development, b. designing projects to result in the least amount of potential adverse impact, c. choosing alternative actions or methods that would lessen potential impact. The proposed action and associated impacts could be mitigated by seasonally mooring a vessel in public waters. This alternative would lessen the potential impacts to the high and intertidal marsh areas. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Chapter 275 defines a dock as: DOCK Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks." Note that a dock is not permitted over a vegetated wetland located within a "sieniflcant habitat area" or Significant Fish and Wildlife Habitat Area pursuant to 275-11. "Construction and operation standards. [3] Prohibited locations and activities. (aJ Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay. Hashamomuck Creek and Pond and West Creek. In addition the applicant has not demonstrated that the following dock standards pursuant to & 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming boating, fishing, shellfishing waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, elecrrical service and water service. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Kieran Corcoran, Assistant Town Attorney John Sepenoski, Chair, LWRP Coordinating Council Office Use Only ~astal Erosion Permit Application Wetland Permit Application _ Administrative Permit AmendmenUCransfer/Extension !Received Application: J a -ReceivedFee:$_s~ _26mpleted Application d- _ -Incomplete _SEQRA Classification: D~ ~ ~06 Type I_Type II_Unlisted _Coardination:(date sent) ~>cAC Referral Sent: I ~ 150 -Bate of Inspection: 4 -Receipt of CAC Rep -Lead Agency Determination: Technical Review: Public Hearing Heid: / a`) Resolution: wR r~ ~ r Name of Applicant 1 p~ E ~~u+.~l~Q 1' l{L~ 1~~L _ I, Address L-L~ JtY_ BP~ QtrJf7~ _NQ~ `OYj~~ ~Qq Phone Number:( ~ Ql7/ 733 9gU 5 Suffolk County Tax Map Number: 1000 - ~Q - ~ - Property Location: /Q ~ (~PQYVe~~- 5~~l~~ld ~!Y I197/ _ (provide LILCO Pole distance to cross streets, and location) AGENT: Co~~e~~o I ~ ~I(l. o Y (If applicable) Address: ~ ~I ~ -~Ye~YI,L~~- NY_1_lq`_~4' _ Phone: ~p,N ~l`b~ 1 ~ard of Trustees Applicatio>• GENERAL DATA Land Area (in squaze feet): `-l ~ /3~0~// _ Area Zoning:/Q - ~25 F°Yl tILU' _ Previous use of property: ~71YId n'7! ~C./~C~ Intended use of property: Saw~Q Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? _ c No Yes If yes, provide exp]anation: _ Project Description (use attachments if necessary): (j, ~'X ~(D~lyl~ ufl ~ a 4'x~D' Cam( on~i ~ 't~l_~In c~_-- ~'x ~a' ~,~-walk. ~cF?crn onkr~ ~ 9' x ~o' ~Ird doer ~~?~jt~l Q 3a"x a0' ~vma1 QI umrnuNl ~,rn~ hn l» a ~osrrn. h'xa70'~a2~ino ~x~ ~cur~~ fwo ~-pile 8"d~arn~f~Y p~l~ • ~ard of Trustees Applicatio>~ WETLANDlTRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations:~D ~de ~C ~ '~'~'IL tn14__~-!~ [~y~dT D~aCe ~0 `~?VICQ Q Swt4~~ Inl(L~tv!'~Ll _ Area of wetlands on lot:o~/~ square feet Percent coverage of lot: SCE Closest distance between neazest existing structure and upland edge of wetlands: Q ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: 3 feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated?~ -cubic yards How much material will be filled?_ ul ~ cubic yards Depth of which material will be removed or deposited: N Po feet Proposed slope throughout the area of operations:- Manner in which material will be removed or deposited: l~j q 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): ~ rots U y[~a flu durr.ytQ fh~. (~?~lll.Q ~Q14~fYt,L~1lM 1/PQe~t,{~fiVt wib( ~fe-Q bl~ ~~icl~ ~~~~h~~ ate S~a~, et7.2o . _ APPendix C State Environmental Quality Review - SHORT ENVIRONMENTAL, ASSESSMENT FORM For UNLISTED ACTION3.Only - PART I - P OJECT NFO MA710 o be com leted b licant or Pro'eot S onso t. APPLICAN'pSPON90R 2; PROJECT NAME - Ceara_+_iYfs~a/.~~+rXZpG7v~ro~~a~e%? 7~iN/.rA~n~,,~vu4 ~/'~~et712~GK.~ 3. PROJECT LOCATION: Munfdpallty SAvTPf(04U ~ ~ Cuunp, 'SuFFG[.rG. ~ _ a. PRECISE LOCATION (Street eddrosa entl road Intereactlons, prominent landmarks, etc., or provide map) 1030 Ct~?rty/aw ~a.to SoulT~~xr3,N7/. //97~ 5. PROPQSE 'hON 13: ~Expanskm ~ Modification/alteratlan V. DESI;RINE PROJECT BRIEFLY:c"ta,vyy~R,~cT.,d. 4. ~t /(o ~,¢~aa.rp up 'jb Q Q'% 20' C.+'~.t,voa.~iWt'7a,„r '71D A 4'~c Oi'Gefu+4~.t S`TSO..i oMroA .4'~tZo". /"/xts~r~ 7~e¢yL W/gl.4 ,~=."/t,2c'~4c~v.gt. ,cD~uN. R~a.t+P C~v/ta ,.Al Cm~n2C1~ ~"'rrS.aSOA/.4G FLOAT/NC7 ~raOeK ~i~V/YC'+~ fdY TINO _ - 2 /',/cam (0"aIAJ ?'rG//~~,5. 7. AMOUNT OF LAND AFFECTED: Initlalry d acres Ultlmately O aaea B. WILL PR POSED ACTION CQMPLY WITIi EXBTINO ZONING OR OTHER' EXISTING LAND USE RESTRICTIONS9 rl!~Yw ~ No If No, tleemce brbfly 9. WHAT IS PR~~~ ? I d~I~~ICINITY OF?P ~mmerdal ~ A9rlalture ~ Park/FOresVOpen Space ~ Other j Desaibe: ~.a/V.AJai' .~a~JGY9./CC° `t/.Q742~jGOrvtr 10. DOE$ ACTION INVOLVE A PERMIT' APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCv (FEDEjtAL, STATE OR LOCAJ..)7 I L~ r as ~ No If Ya Ilat epenay(e) name and permlVepprovab. • , _ I „n ra: ,/wsZ7esC,J N;y,S',aG6~ .~~~~/.'.Toua... arc~ouar.foc.~ 71. DOES ANY ASPECT OF E ACTION HAVE A CURRENTLY VALID PERMIT ORAPPROVALT Yes To - If Yes, Ibt ayency(s) n~n9 anq pgrmiVapprovals: , I . I 12. A9 A RESULT OF PR P D ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? __~es No ICERTIFYJtiAT THE IlIG NF ~~ON PROVIDED~~c4 VO•/~BE~c~~DaSe~~~-//0-0(0 App6gnt/spmsor name: LZ/~ Ifi the action Is In the Coastal'Ar~a, and you are a state agenvy, complete the Coastal Assessment Form fore proceeding with this assessment OVER t ,~M_ rit' - PART II • IMPACT A8SESSMENT o be com feted b Lead A en 0. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 8 NYCRR; PART 817A4' tl yes, ooadinete the review proceu and use Ne FULL EAF. Yes ~ No ~ P,. ; ~ ~ , B. WILL ACTION RECEIVE COORDINATED REVIEW A9 pROVIDEDFOR UNU87ED ACTIONS IN Q NYCRR, PART 817.8? 1f No, a negaDve dederanon rna,Y, ,be wperwded by anotlier InvoWed, agMOyr,, ~ ~ Y ~ ~ Yas LJ N0 ~ . . C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATFA WfTH THE FOLLOWING: (Answers may he handwritten, H legible) C 1. E:6stlng eir quaaty, surfaee or grd+ndwater quatlry W gwmay,~rit~bvep, existing ba18c pettsm, soGdweste productlon or disposal, potentlal fw erosion, drainage of flooding problems? Exp{spf brl C2. AesNedc, agriwaural, ardueobgkal, hlstonC, of OVler natural Or WltUrel resources; W community or ralghbp}aod duredeR Explain briefly C3. Vegetation or faun8, fish, sheGfish ar wildl'se species, significant habitats, or Nreatened or endangered spades? Explain Drfefly C4. A mmnuNtys exfstlrp plans ar goals r ofitlslly adopted, or a gunge In use or intenriry d use of lend or other natural reaources7 Explain Dnetty. C5. Growth, subsequent tlevelopment or related ecdvitles tlkely to be Induced by the proposed action? Explain briefly: C8. Long Oarm, start tsrrn, a+mulaWe, or other effects not Wentlfied In C1-C57 Explain txiefly: C7. Omer impacts (intluding durpes In use of slater quantity ortype of efiergy)7 F~laln Ddefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE E3TA8USHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)7 ? Yes ~ No:., I/Yes, explain disfly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO PDTENTIAL ADVERSE ENVIRONMENTAL IMPACTS9 . Yes ~ No If Yea, explain Ddelly: PART 111-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTONS: Foreechadyarsaeffealdendfledabove,.datwminaN?tether?tlssutiatantlal,larye,impor~MorothenNSesignificanL Eaa, effect should be assessed In connectlon with Its (a) settlng (I.e. urban or rural); (b) probadliry of oaxf(ring; (c) duration; (d) irreversibility; (e) geographic scope; and megnkude. H necessary, add attechmente or reference supportlng malenais. Ensure that exalanatbns contain suffident daNil to sfww {hat all relevant advarss ImpaW have bean Wentifled end adequateyaddfessed. If questlon D of Part II was checked yes, the detarminatlon ofsignificance mustevaluete the potsntlai Impact of the proposed salon on the environmental charectenslics of pie CEA. Cnedc this box ayou have IdenBfud one ormore DoGSntlaOy larys orslpnMicant F1tF and/or prepare a DoslWe dedaratlon. averse impede wliidi MAY oxur, Then proceed directly to the FUL Check Nis boxdyou hevedetemlineq Deaetl on the b(formatbn andanaysis above and enysupport(ng doamentation, that the pr NOT resuN in any significant adverse erivironmentel Impadt AND provide, oft etlachmanle as bposed action WIL necessary, the reasons wPportlng Nis determination Name Lead Agency Date riot a ype ame o esponafb r naturo o bLeadApenq ,~V naWre rer Hd tfromresponsible car . ~ 126ti8t- ~ _ I ~ - r , COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 GREENPORT, NEW YORK 11944 • (631) 477-1199 / 477-1393 / 477-0682 FAX (631) 477-0005 January 11, 2007 - _II i ~ I~° ,I Southold Town Trustees PO Box 1179 , J , , JA Pi 1 ~ , f Southold, NY 11971 i , RE: Fitzpatrick property - 1030 Clearview Road, Southold Dear Heather and/or Lauren: Enclosed you will find the notarized proof of mailing to Mr. Fitzpatrick's neighbors and the proof of posting with photographs. If any additional information is needed, please do not hesitate to contact me. Sincerely, Jane Costello Permit Manager Enclosures 7U06 0810 X003 6887w~ 69~7~F•' " 7006 0810 0003 688;f~ ~2~Ba'), ~ " OF MAILI 1c. U m. ° ~ Ql o y: y m o 0 3a 3; p CERTIFIED • o _ ym g • _ o v H 2 a~ %.a m a< 9~ ~ ~ = N o 2 w ~o C~ a w a~ n9 n o ~ o ~ m~ ~ G I ~ ~N ~ ry T ~ d ",U, %1 w ~ - o °m _ m ~ ~ a~ - a r T 71 T N M rYi ~ K V o W • ~ {•i mm .y N m g 1~ ~ W • U; o n1 ~ , \ ffJJ ^ OO i" ~ o `fly' ~3 x JI STATE OF NEW YORK COUNTY OF SUFFOLK ~~I Jaye. I~Coskllo ,residing at "ILoO C~~ W ~v i~~e 7S~ being duly sworn, deposes and says that on the _ 8 _ day of J 20~, deponent mailed a true copy of the Notice set forth in the Board ofpplication, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the To of S uthold; that said Notices were mailed at the United States Post Office at l ~ 9~(- ,that said Notices were mailed to each of said persons by (certified) (registered) mail_ _ N` ; , , Sworn to fore me this _ Day of(~~_ 20 O~~.i, ~2 ~otary Public ~Y! CYNTHIA M. MANWp,RING 1/// NOTARY P NO:Ot MA6100507NEW YORK QUALIFIED IN SUFFOLK COUN COMMISSION EXPIRES OCT. 20 ~ • NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Tom Fitzpatrick SCTM # 1000-89-3-11.3 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: `r Construct a 4'x 16' ramp, r A 4'x20' catwalk continuing with another 4'x42' catwalk section, A 4'x20' fixed dock section, r A 32"x20' seasonal aluminum ramp, i~ A seasonal 6'x20' floating dock secured by two 2-pile dolphins 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1030 Clearview Road, Southold, NY 11971 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on January 24, 2007 at 6:30pm. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Tom Fitzpatrick MAILING ADDRESS: 447 East 14r" Street Apt. 7A New York, NY 10009 Enc.: Copy of sketch or plan showing proposal for your convenience. r- ~.r I ~ Q V 1 ap p~ o ~ 7 l 's dp Fie.-mexs LAn/~VMA /a ~ ~ d 30~OtP ~4 Y s ~ ~C/"G~ ~~u \ ~ ~ ~ I((I Pte" ~ , =C~ _ PT ~ oacu¢o ` V LiLVE ' % ~ 4 ~U` ~ yon ntccr ~.ar ~°1 pRQJEGT LOC/tr)Du GEP.OR - /bC4CH f+I/¢ODQ ~/~~IC/~( - vac i~iTr ,~c.r,sP p¦ _0 2 4aoafT• Pu~°O~p' Gon/STRciGT Q 4 K /(o' RdM/~ u/=~ To A ¢ K 20' CAT wAGIC GoyT/Nd /NCB w7/a 4 Q K42' C.aT[c/4c.C SGGT/oN ovr~o ,r! 4 5t 2o'/~/X/~C'/J DOG/G SECT/ON Wirth a 32 "z2o' ,SEjJ30.NAL f.+G UM/tiuM R4M/~ ON7'O!J SE6ISONAG.. ~'X2o'FCO4-ri/~/c-, ~ex/c SG'cc~2Er.~ F3Y jivo ,q~ESS: rSy yc/stT~T,¢ c/SiNC> t~~- /ge,~~~cl¢~,./~1J,v/~/5:- ToM ~a.vo ?~L/A F/T~psTR/ou L,LIN~7K/1~C>H ~~~/c4N75 T~ROT~ERT7' 447 EAST /4TNSrRGC'T /1PT- 7A ,vow yofs,~/ ti•Y• /oooq /OHO CG~tlRv/E K/.?oaD IR Sou7's-roco, •v.y. ~/97i AMyt/eFiivwGw~~ ScT,cq iooo-6f+-3-//-3 CHI} 77~N~- Nov./6, 200 ~E1CGT 1 eF ~ o ~ a° - ` •s QQCfI"ggG ~+N Imo{ 7q / '94YV/,cW 4 O I ~ ' s 3 i d ~ ~,Y~~,~ j- 7~RoJ6CT ~ 1 r ~ ~ csr,,a~a ~ 73G`sicN pF.aR/SOR t ~ F 1 i i ~ ~ E ~ ~ L oG~lT/Oti MAP e 400: ¢!°02~00`~! 72°2300"!.~ .4D-/.4CENT i~ROPEr.2'~' OIxrNE~: O e.encu.ls/u, .adReaRq +~R4N/c O OVLft3/o ~?Eac.Tj' LLC 5o OxFORO Roam 1275 c~/~dR SE~+o-/R~~ S OVTHnoF2T, GT• ba49o 5~~~~cf-~/N•y. //q7/ 720 ~•2Cli/!2/> Gdw~E O SGN07T/, ~FTE~2fTER~S,d 7 /~CNNY L/NE: TJdNV/ccE, 7'-'-a~ /76 s/ 9so~cedaui~w ,TZO~+a ~1PlPLLGinth~T TO.v~ ~t..~,~,/ciL/q Fir~P.dTR/GC 44] Eqr /4TH S 9RE~T-4 PT• 7/el NEW yo,a,r, N•}! /0009 /o3o ccE~q vlEsv Rana AM~fwwIG~N~It7'NVgG~A 5'c7.~.i /000-$9-3-//.3 P~-~wc sis4. a?s~~tis~./ss; ~.K u~t~. 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Scy-n~ iooo - ay_ 3 _ y Jo.O.lrn SZiZ4 41~t~~VO~er, iv.Y. //7~ (i ~I) ~f 77//!7 Nor/. /6, 2006 ~N~5 aF~ I 4 ;c4"GocvST /~A5 ~ ~ ~oR GaTw.s~,K Sac)YO•+~S O VC~2 tt/6TLd N~5 . 2 " aKK/.vL7 Co ~IC /Nc~7$ 7r~Y¢ / ' ~e~Tio.-.r 3" E[-t G.o~ G is 6"37'R/•vt-~E'R3 I ~ 7 - I ~ G~xG°C`iF'3 I I I~ I I ,dMS,(IV~ 2.5 -J--f-- /~/GC - L~ S/f~C I j /3GM' o~vcr./ I ~ ~ .4MGWC.O r"~ r I/.d~?/t~ I I I I ~ J°~ojJ'OM - I /O-/2~E~c7RaTiov h/~: .4GG .1~.dTEQ/AGS /JLG /~LMDY.i4RE To ~E H•,o. f-..acv. C,QTW,a[.!~ ~N~ DOG/G DGT.4/L 0 3 FT. A1~7+6ICJ4~/T Tom tuvc ?uc/A F/T~r'~dTR/cic 447 EQ1T/¢"'~ Srae6r A/~r, 7,q I(/GIY }/Oe?K ~ N Y. /OOpe~ /030 CGE.n72 v/EW RadD ZaRfA1J~ICO rOV: Soe~7'r-ro~a, may. !/97/ CQSY~r~.i w~wtavlG/N~nvCtav~.G~~se. Sc7M /ooo-g9- 3-//.3 J~.O.llyt S21:l. fJ1~~t~iviE~tr, IvY. ~/I~f• !iN) ~~7-/I!~ Nov. /G, 200 S.V~ ~o of ~ James F. King, President ~,oF souls Town Hall Jill M. Doherty, Vice-President ~l0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson ~ ~ Southold, New York 11971-0959 Dave Bergen G ~ • ~O Telephone (631) 765-1892 Bob Ghosio, Jr. Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ---f~20'1y ~l1.lQ__~__L_ ~'Lt~-~-------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Ja~~n~_I `O ,residing at QS~~~(]T~~~~ being duly sworn, depose and say: That on the 1 o day of ~ , 200 I personally posted the property known as 103 C/eavv~cu~ Q~ca~ Souf~i~l~ ?l/Y 9 7/ by placing the Board of Trustees official posht 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 beheld j/ ~Q n , c~ d(b`) " 0 117 0 (~~Q1 !a-'d0 Dated: 1 at Sw.~Qrn tc b ore me tl 's f j%~y ofd n 200 l Notary Public CYNT M. MANWARING ivOTARY PUBLIC, STATE OF NEW YORK N0:01 MA6100507 QUALIFIED IN SUFFOLK COUN COMMISSION EXPIRES OCT. 20 Tom & JUiia ~itzaatrick 1030 Clearview Road, Southold HEARING ` 1 ,,yN w'-,n d ?ew Ibi ~ ~~V ~1F~ i ~ •F x 7 T eyr li~~'ywsi~r.:.45..~d. t ~~~r~o'1~°'e e~vJq'dhls.v 3..e ~d .1D;~1DOfTM1A~•~~OF SOURidD' 163117eS18ff1 ~ R ~ - is. ~~J _ 1 ~ ~ ^ i ~ S~l~Y3C ~ _ x f / ¢ _ ~rd of Trustees Application. County of Suffollc State of New York JQ~~~I . C~~~e~ 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 HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJiJNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS~DAY OF Q ~L ,20 L(. Notary b is EMILY HE Y York Notary Public, State No. Ot HE6059270 qualified In Suftolk County Commission Expires July 23, 2 FROM COSTELLO MRRRJE COfJT. ~ PHOfJE P10. 531 477 0005 • Sep. 26 2006 09:34RM P4 ~`_l ~ - I ' 16l,; 1 ~ f COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS =23 FIFTHSTFEET P.O.BOX2i2a GREENPORT,NEWYORKi19aa (631)a77.7199ia77-f393i477-0882 FAZ~63n,7;.ri;.~::. AUTHORIZATION FORM ---y~~;~''~~,, ~ ~rlVade ~oM~, I~ --~~f- ~ ~ ~ owner of ~jy GP4ryic~.~/ ~t0~ (Name) nQ pp (Busmess/t'roperty Name} located at ~ ~~,j~/tBh/ I`o4cJ'~ ~Sny~o~d7 /Vy do hereby give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property. a6 ~06 Date ~ ?._c` Si~, ure j Town of Southold ~TG.~~C~ . LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Exeept minor exempt actions including Bzeildi~ig Permits and other ministerial permits not located within the Coastal Erosion Haaard Area. 2. Before answering the questions in Section C, the prepazer 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 Progarn. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold To~tiat). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standazds and conditions contained in the consistency review law_ Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the I,V,IRP 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, ali local libraries and the Town Clerk's office. B. DF,SCRIPTION OF SITE AND PROPOSED ACTION SCTM#~_~__ ~i 3 ~ , T'he Application has been submitted to (check appropriate response): Town Board ? Planning Dept. ? Building Dept. ? Board of Trustees 1. Category of "Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ? construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ? (c) Permit, approval, license, certification: Nature and extent of action: ~ts~ur-~ n q' x l ' 1~1~ u D fn 4 `xaQ ` al r,srt 4th I V1~ 1ltHh.~`~'x4 'rtt~wmll~ 5erfi>'m 6n~O a 4'xa0`~ixe ~ ~~t,M t~~~~i. , ~J x~7j~vn ~(>-n=b l~G-5~!`~?~ ' fin' -C(p~_`_ . Location of action: ( , p(j , Site acreage:__ o~ Present land use: Sir01~, I~u (u ~QC,.IGI e Present zoning classification: (o ~ 1`a,wtl(t~ ~pc~p~~g~ 1 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: Q ! , ~ ~I (Q (b) Mailing address: 4 ~ Ne~J perk NY 10009 (c) Telephone number: Area Code ( ) 9 ~/7'J~ 4R~ 5 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No ? If yes, which state or federal agency? , ~s - DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. I Yes ~ No ? Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See I.WRP Section III -Policies Pages 3 through 6 for evaluation criteria ? Yes ? No Not Applicable Attach additional sheets if necessat~ • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria Yes ? No ? Not Applicable Attach additiona] sheets if necessary - NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ? Yes ? No~Vot Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ? Yes ? No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 for evaluation criteria. ? Yes ~ No ? Not Applicable . X00 ~z~~~.c~ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. ? Yes ? No~ Not Applicable ~ ~ ~ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances aad w.a~st/es. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No LVJ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation cri~tjeria. L~f Yes ? No ? Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Yes ? No ? Not Applicable Attach additional sheets if necessary Policy ll. Promote sustainable use of living marine resources in Long Island Sound„the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Yes ~ No ? Not Applicable Attach additional sheets if necessary ~ - - Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No~ Not Applicable - ~ - - - Created on S/25/OS l l: 20 AM Date: December 13, 2006 To: Southold Town Trustees and Mark Terry Proposal: Construct a 4'x16' ramp up to a 4'x20' catwalk to a 4'x42' catwalk onto a 4'x20' fixed dock with a seasonal 32'x20' aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile pilings. DEVELOPED COAST POLICIES 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. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this watertront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expelled to re-establish its self within a season's time. The size of our dock structure is appropriate for this area. We are proposing a small 4' wide structure to access deep water then place a 6'x20' seasonal float to service a small boat. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. 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. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. Page 2 of 2 LWRP for Fitzpatrick WORKING COAST POLICIES Policy 30 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy 11 Promote sustainable use of living marine resounres in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 4' wide minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3'/i feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources.