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TR-6325
James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southald, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD October 15, 2008 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: BENALI, LLC 1275 WEST CEDAR POINT DR., SOUTHOLD SCTM#90-1-2 Dear Ms. Moore: The following action was taken at the Southold Town Board of Trustees Regular Meeting held on Wed., October 15, 2008: RESOLVED, that the Southold Town Board of Trustees APPROVES the request for a Transfer of Wetland Permit #6325 from Shirley Kram to Benali, LLC, as issued on December 12, 2007. If you have any questions, please contact our office at (631) 765-1892. Sincerely, President, Board of Trustees JFK:lms James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed Project complete, compliance inspectior~. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6325 DATE: December 12~ 2007 ISSUED TO: SHIRLEY KRAM PROPERTY ADDRESS: 1275 WEST CEDAR POINT DR, SOUTHOLD SCTM#90-1-2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on December 12, 2007 in consideration of application fee in the sum of $250.00 paid by Shirley Kram and subject the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and the following: Wetland Permit to construct a 4'X 40' open-grate catwalk with a 6'X dock at the seaward end held in place by two (2) -2" metal pipes z to the float; install a launching rail on the east side of the dock, 3 ~' X 27' long with approx, four (4) cross-members holding it; construct a gazebo or storage shed less than 100 sq. ft. located 25' landward of the end of the fixed catwalk, in a northwesterly direction, install a 20'X 20' parking area 30' landward of the landward end of the catwalk, and to restore and replant the marsh area at the landward end of the launchin ramp. All work must be done in accordance with the plans prepared by Prop Services last dated March 3, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Shirely Kram, c/o 140 East 81st st., NY, NY 10028, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 December 12, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: SHIRLEY KRAM 1275 WEST CEDAR POINT DR., SOUTHOLD SCTM#90-1-2 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wed., December 12, 2007 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of SHIRELY KRAM applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 (now 275) of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated February 28, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application for the construction of a gazebo and deck be found Inconsistent with the LWRP, and, the proposed dock, ramp, and float be found Consistent, with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 6, 9.4,10.3 &10.4 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: increase in the setback of the proposed gazebo to 25', the use of grated materials for the launching ramp and the docking facility, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 22, 2006, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 (now 275) of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, WHEREAS, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deemed the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268~5 of the Southold Town Code, and, WHEREAS, that the Board of Trustees approved the application of SHIRELY KRAM to construct a fixed open walkway 4'X 30', hinged ramp 3'X 14', floating dock 6'X 20'; install two piles or metal pipes to secure the float; construct a launching ramp approx, one-foot high made of fiberglass or other aluminum grating system to allow vegetation to grow through; a 6'X 14' ramp with a 4'X 6' platform at the landward end; construct a gazebo 25' setback from the landward edge of the dock; and to clear a 20'X 20' area for off-street parking, all subject to receiving revised plans depicting the new description; and, WHEREAS, the construction of docking facility commenced without the benefit of the submission of the revised plans and issuance of a Wetland Permit by the Board of Trustees, and a violation was issued to the property owner on or about April 2, 2007, and, WHEREAS, Patricia C. Moore, Esq. on behalf of SHIRELY KRAM applied to the Southold Town Trustees for an Amendment to the Resolution of March 22, 2006 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated November 7, 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 for the reconfiguration of the existing docking facility be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the reduction of length of the existing 4'X 50' dock, the use of open-grate construction materials, and a restoration of the marsh at the landward end of the launching ramp, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on Wed., December 12, 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, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, WHEREAS, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deemed the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, NOW THEREFORE BE IT, RESOLVED, that the Southold Town Board of Trustees approve the application of SHIRLEY KRAM to amend the Resolution dated March 22, 2006 to read as follows: Wetland Permit to construct a 4'X 40' open-grate catwalk with a 6'X 20' floating dock at the seaward end held in place by two(2) -2" metal pipes and with a ladder down to the float; install a launching rail on the east side of the dock, 3 ½' X 27' long with approx. four (4) cross-members holding it; construct a gazebo or storage shed less than 100 sq. fl. located 25' landward of the end of the fixed catwalk, in a northwesterly direction, install a 20'X 20' parking area 30' landward of the landward end of the catwalk, and to restore and replant the marsh area at the landward end of the launching ramp. All work must be done in accordance with the plans prepared by Proper-T Permit Services last dated March 3, 2008. 4 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:S674.00 Very truly yours, Board of Trustees JFK:lms James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated /I ] =7/O 3 has been reviewed by this Board at the regular meeting of /~-[ i ~ ! 0"2 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) Final Inspection Fee ($50.00) v/ Dock Fees ($3.00 per sq. fi.) 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: TOTAL FEES DUE: $ BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ///?]~') been reviewed by this Board at the regular meeting of /,.3,t7'~.J Or'/ and your application has been approved pending the completion of the following items checked off below. t,// Revised Plans for proposed project has __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) / Final Inspection Fee ($50.00) v/ Dock Fees ($3.00 per sq. ft.) ~"t-O b~ c'~,,~fl~A'l~d t-It°0fl r~c~-_i~ct (b~ pta , Permit fees are now due. Please make check or money order payable to Town of $outhold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the $outhold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: James F. King, President Board of Trustees Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., December 5, 2007, the following recommendation was made: Moved by James Eckert, seconded by Jack McGreevy, it was RESOLVED to PROVIDE NO RECOMMENDATION to the application of SHIRLEY KRAM to Amend Resolution dated March 22, 2006 to reconfigure the proposed docking facility. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 inspected by: Glen McNab, Don Wilder Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF'TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0~59 Telephone (631~ '160-1592~ ' Fax (6311765-6641 Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: SHIRLEY KRAM requests an Amendment to Resolution dated March 22, 2006 to reconfigure the proposed docking facility. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 .~Se of area to be impacted: altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of above: ~tf~c of Town Code proposed work falls under: Chapt.275 Chapt. 111 other ~-ype of Application: ~f Wetland __Coastal Erosion __Amendment __Administrative / __Emergency Pre-Submission Violation Planning Info needed: Modifications: Conditions: Present Were: __J.King __J.Doherty __P.Dickerson D. Bergen__ B. Ghosio, Jr H. Cusack D. Dzenkowski Mark Terry~other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review 11/20/2007 10: 56, New York State Department of Environmental Conservation Division of Fish, Wildlife & Marine Resources, Region One SUNY ~) Stony Brook, 50 Circle Road, Stony 8rook, New York 11790-3409 Pltone: (631) 444-0295 FAX: (631) 444-0297 PAGE 02 Steve Kr-,tm Bemli, LLC 11499 Bellagio Road Los Angeles, CA 90049 Date of Violation: On or before 4/3/2007 Location of Violation: 1275 Cedar Point Drive West, Southold Tax Map ID # 1000 - 90 - 1 ~ 12 Permit# (if applicable): 1-4738-02841/00002 Dear Sir/Mad~n: Records of this Department indica~ that you a~ in violation of the Environmental Conservation Law (ECL): -~ Article 15, Protection of Navigable Waters Section 15-0~0~. 1 6NYCRR Pm 608 --~ Article 15, Wild, Seenic nnd Recreational Rivers Act Section 15-2709.2 6NYCRR Pa~ 666 --~ Article 13, Protection of Marine Waters Section 13-0345.2 ~-~ Article 17, Prohibition Agninst Pollution of Marine Wa~ers Section 17-0503.2 Article 24, F~eshwater Wetlands Act Section 24-0701. I 6NyCRR Part 662 -~ Article 25, Tidal Wetlands Act Section 25-0401.1 6NYCRR Part 661 In th~ you c,o~_*~d, or pern~ to be caused: Installation of a 19' x 30' parking area in excess of the approved 20' x 20' parking area; Placement of unclean fill including ashpalt in the parking area without 11/20/2007 18:56 6314 72 PAGE 83 benefit of pvrrait; Non compliance with G-~neral Condition # 9: Installation of 8" piles which are itl excess of thc approved 6" piles for this project. Non Compliauce with Special Condition g2: cleal~ of wetiand and adjac~t area vegetation occured seaward of the'proposed shed and parkin~ area; Contravention of this/these Article(s) of the ECL is a violation md/or a misdemeanor punishable by a fine of no more than $10,000 per violation. Penalties may be assessed for each day that the violation continues. Please be fuflher advised that violations of the ECL which a~e not resolved may be the subject of an admi~strative hearing pursuant to Title 6 of the Official Comp/lafion of Codes, Rules & Regulations of the State of New York (6NYCRR, Part 622). Yo_u al~ heathy advised to cease your ooeration at__th_~ r~-fereacod locetion immediately. Please contact the following office w~hin thirty (30) days of roceipt of this l~ter, so that we may att~lR to resolve this matier. Failure to qontact this office within this time peaiod will result in ~his matter b~sing referred to the Depal~ment's Regional Attorney for further enforcement action. To schedule an appointment for a compliance conference in this matter, please contact The Compliance Unit at (631) 444-0295. Compliance confea~mces will be held with the Regional Manager of Marine Habitat Protection. Very truly yours, Charles T, Homilton Regional Supervisor Natmul Region 1 ECO Enright/po.~vie~a Ceflified Mail NOV# 07CTH129 Page 2. 11/20/2007 18:56 6314440272 PAGE 04 New York State Department of Environmental Conservation Office of Natural Resources, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0295 FAX: (631) 444-0297 Project Name: Address: Phone: ( ) __ Permit: Yes ~ No RECORD OF INSPECTION Consent Order: Yes.__ Permit ~ ,-/'/~ ~ - ~ /m,~l. Case ~. ECL 25-0401.1 'Rdal Wetlands ECL 15-0505.1 Protection of Navigable Waters ECL 13-0345.2 Proteotion of Marine Waters 6NYCRR 608.7 Water Qualit~ Certification ECL 15-2709.2 Wild Scenic Rivem ECL 24-0701.1 Frssh Water Wetlands ECL 17-0503.2 Pollution of Marine Waters P~oject Description: NOV 4[ Diagram - ,.~F^,,I-t-~ ..... ~'~ 15/ d~,,~, ,nspeotor: C~; I I~U ECO: Project Progress: Started Completed Not Started Other.__ Project Status: In Compliance: Non. Compllanee:~~ p Sketch Made: Yes._~~ No.. photos Taken: Yes ,~ No Acknowledgment of Receipt Persons interviewed at}ite: ~ ~',~.~*- ~ I hereby acknowledge receipt of ' / Sl~atum: , /~ Name: _ to'di~ctls~r, thl~ situMio~. Contravlintion of Article 15, 24 ~ncl 25 of thli ECl- is a violation and/or a mis(Jernea~or and is p,,nishable by finli~ of not more than Fivli thousand ($5,000). Six thousand ($5,000) and Tlin ~ousand ($10,000) Dollars per violation per clay rlispectlvel~,. Note: This record o1 inspection has bee~ completKI pursuant to an In~pecbon of only tt~ activities listed above and is .,lot lin indication that there -,re no additiomll vloMtior~ of the ECL et this site. .I 765-1802 BUILDING DEPT. INSPECTION [ ]FOUNDATION 1ST ~ [ ]FOUNDATIO~.~--'~ [ ]INSULATION [[]~/~ACE&CHiMNEY[ ] FINAL REMARKS: DA ~c 5213 Town of Southold Suffolk County, NY The People of the State of New York vs. ZiP 11~'~ ) OPERATOR ~-5212 Town of Southold Suffolk County, NY The People of the 8tale of New York rs, APR ] 8 2007 Town of Southold Suffolk County, NY The People of the State of New York vs. STATE ~OIJRT Town of Southold Suffolk County, NY The People of Ule State of New York vs. DEC PERMIT NUMBER 1-4738-02841100g03 FACILITWP~O~RAM NUMBER(S) PERMIT C,~n~,erv~ion Law IEFFECTIVE DATE D Adidas 1, 3. 17, 19, ~?, 37; BNYCEE 380: Radiat~o~ Oonlml ADDRE'~$ OF P~RMITTEE 140 East 81"Stt~el, NewYork, NY 1~ C~A~ P~ON F~ ~E~I~ W~K I T~HONE NUMBER Jam~ ~. Fi~Geral~ Jr, p~r-T ~[t ~. PO ~17, Cutch~ NY 11935~17 631~7~-5800 NAME~D AD--SS OF PROJECTIFACILI~ Construct a caulk usi~ ~-g~[e mate~aI measuring appra~ma[ely ~ ~eel wide bY 50 f~t I~n~ Instal~ a *loatin~ doc~ at ~e sea~ end of ~e ~lk measuring 5 feet by 1D ~eet. Install launching cai~s ~at shell ~ spaced 3.5 fee~ apart Ihat shall measure 27 f~t I~g, C~eate a 20 foot by 20 f~t pc~u~ pa~k[ng area end inst~tl a 7 ~oo~ by 14 foot pl~a stamped NYSDEC approved. I~' PermilAdminsl~l°r I ~ldg, ~40, SUNIY, Sto~y ~lrO~'~. NY 117g0-235§ I ~AUTHIO RI~I~D ~,I{3NATU RE~~ DATE~.~.~,,~., Page 1 o; 4 ~ APR - 2 2 07 ALL QII/JENSIONAL LLII~BER. TIMBER AND PILING ARE OF CCA-TRE^'Tr~D WOOD. ALL HARDWARE IS GALVANIZED STEEL. PROPO,'~ED LOW-PROFILE RXED DOCK 4.' X..50' WITH O~EN '(IRATE DECKING AND 6" OF~vIETER PILES ' 'LAU, U, ER 2'-2,5' WILDE A'ITt~HED TO DOCK FOR ACCESS 'ft') FLOAT SEAWARD END OF LAUNCH)~O RAILS; // ' ·/ ., ,· ,f. o,,~,~;~ / t II1 ~"~"~"'"~- ....- · 6" D~AMETER PILES 11'~ ON CENTER / / / / I I / / / SEA LEVEL MAPPIN(J PO BOX # 5,38 R~r_RHEAD, N~ 631-722-38~ 3pERfvllT EFFECTIVE DATE NUMBEF( j~j 1 r Nov~lmber 2gO~ ~-02841/0000~ uMs s) PERMIT p E.l:l~ rr 13sub-'g TO Shirley Wold Kram ADDRESS OF PERM rrrEE .1,40 Earn el,' 5treeL New York. NY 1002~i Sol~ we~ia M~ ITELEFHONE NUMBER 212-~0~8S15 pF.,~IIg-rED WORK I TELF~'HONE NUMBER PERSON FOR jamesl~..FitzGersla. Jr..?roper~TPermit~ervmces. POSoxe, l?,Culcho~u~N¥ 11935~17 ~ 6317~1-~100 NAME AND ADDRESS OF PROJECT/FACILITY Kiem Properb/, 1275 We~t Cedar POI~ Drive, LOCATION OF pROJECT~ACILFFY Suffolk $o~ Wes[ Lake E: N: O E,~:;RIpI'ION OF AUTHORIZED A G T~/ITY Construct a catwalk using ofatn-gt$te malarial measuring apprm'dmaLely 4 Ieet wide by ,50 feet ler~j. InstaLl a qoating dock at t~e seaward end of ~e catwalk mess uring 5 feet by 10 tern. Install [aunching rails ~at shsll b~ speoed ,"1.5 apart [hat shall measure 27 feet long, Create e 20 fool by 20 foot psrv~ou~ pa~king alee end install a 7 fooi by 14 ~truclure [hat shell fun~bn eilher ss a ga:eOo or Storage shed. Ali work is to be done in accordance wl~ ~he attached stamped NYSDEC el)proved. APJ -2 2007 PROPO:~D LOW-PROFIlE RXED DOCK 4' X 50' WITH OPEN (~RATE DECKING AND 6" D.IAMETER PLES / / LANDVI/ARO END OF LAUNCliING RNLS~ / ~A.PART, OR FLINCTiON~. L=C)U[VALENT FOX, 111 gl06 HIGH WATER ALL :~I~,']ENSIONAL LUlulBER, TIMBER ,e, NCI PICING ARE 'OF CCA-TREAIED WOOl:). ALL HARDWARE IS GALVAHIZED STEEP,_. SEAW/~RD END OF LAU~(~rNG RAILS; 27" LONG OVE,~LL / EDGE OF 9ANK 6" ~AJ~IETEI:q PILES 11'± ON C ENTER LAUIF3ER 2'-2.5' WIDE TO DOCK FOR ACCESS It) FLOAT ~FLOA f 5' X 10' SECURED ATEND OEDOCKBY't'WOO" d PILES OR 2" METAL / SCALE.' / / / / I SEA LEVEL MAPPING PO BOX# 538 RIVERHEAD, NY 631-722-3390 Board of Trustees 77 Mamh 22, 2006 example, what tools are there to go back and assure that the applicant is doing the right thing unless you have a set of plans and specs. Like putting that pile of material they take out. Okay, it's going to be behind the 100 feet so it's out of your jurisdiction, but I'm very concerned, as you mentioned, with the flooding we have in New Suffolk, suppose we,have that pile there, the hay bales are between there and sea, but we get a storm and the runoff starts going the other way down to Lake New Suffolk, and then it gets pumped into the sea. These are the kind of issues we have with this proposal. I mean, granted, I will be as an engineer admit, these bulkheads need to be maintained and repaired, I won't argue with that. It's just a damn poor job of describing what they're going to do and don't provide the tools to follow up to make sure you're getting the kind of job you want when you're projecting the environment. Thank you. TRUSTEE BERGEN: Thank you. MR. RAYNOR: If it helps, I'll be more than happy to talk it over for any rain runoff for any soil. TRUSTEE BERGEN: If no other comments, I'll make a motion to close the public hearing. TRUSTEE DOHERTY: Second. TRUSTEE BERGEN: All in favor?. ALL AYES. TRUSTEE BERGEN: I make a motion to approve the application of Patricia Moore on behalf of Love Lane Acquisition as described with the conditions that a dry well is installed as we showed on the plans and you'll submit new plans, obviously, showing these, but the dry well, the new walkway is shown in the area that we specified, and that the spoil is going to be moved and stored outside of our jurisdiction no more than 100 feet away from any waterway or wetland area, and contaminated material moved offsite and also would you consider using a silt screen at the entrance of the harbor area to help prevent any debris going out into Peconic Bay in the bulkheading part of this. All subject to new plans. TRUSTEE DOHERTY: Second. TRUSTEE BERGEN: All in favor? ALL AYES. 12. Proper-T Permit Services on behalf of SHIRLEY KRAM requests a Wetland Permit to construct a fixed open walkway 4' by 50', and float 6' by 15' parallel to the fixed dock; install two piles or metal pipes to secure float, construct wood launching ramp 6' by 23' with a 6' by 4' platform at landward end. Construct 10' by 12' gazebo or storage shed; 77 Board of Trustees 78 March 22, 2006 clear upland vegetation as necessary for access to structures for off-street parking. Located: 1275 West Cedar Point Drive, Southold. SCTM#90-1-2 TRUSTEE DOHERTY: The description I read is a little different than on the agenda, it's been updated. We all were at the site. The CAC did not inspect, so therefore, no comments. And LWRP found it inconsistent, which we talked about in the field and made some changes. The setbacks were one of the things. MR. FITZGERALD: The gazebo or shed 25 feet back from the end of the dock and the parking area, 20' by 20', is shown. The 25 feet is the figure you gave me. TRUSTEE DOHERTY: And there's one comment here from LWRP that I don't understand, it says swimming pool and related structures. Because he has that highlighted, but -- MS. CUSACK: He took it out of the code, it says swimming pool and related structures have to be 50 feet -- TRUSTEE DOHERTY: Right, it's in bold, so I didn't know, right. We talked about the ramp next to it and how we felt we didn't need to have that size ramp there. I see that's still -- MR. FITZGERALD: The discussion was about the width as I recall, and I asked the applicant's son to measure the dolly they use for the Sunfish, and the outside dimension of the wheels is 4'4". TRUSTEE DOHERTY: So, what are you proposing that be? MR. FITZGERALD: Six feet, which seems reasonable given the width of the boat, which is somewhat more than that. TRUSTEE DOHERTY: What were you proposing material for that ramp, to build that? MR. FITZGERALD: I don't know. I would presume that marine plywood be -- TRUSTEE KING: If we allow that, it should be the new grated system, kept Iow and the stuff will grow up toward -- TRUSTEE BERGEN: Let me ask you this, would it work, would it suffice if instead of installing a ramp, you just clear the area like you said about 6', she said about 4'4", so next to the dock about 6' of extra clearing so they could just wheel it down there; is there any need for the ramp? MR. FITZGERALD: That would be the best way of doing it, but the bank at that point is at least 18 inches high. TRUSTEE DOHERTY: Maybe we could use the new material that's out that you could put down and the growth could still grow through it. MR. FITZGERALD: That's a good idea. TRUSTEE DOHERTY: It's a hard surface, but yet you still 78 Board of Trustees 79 March 22, 2006 have the growth. It's not going to get out of control because you're going to be using it. I think we would rather see something like that. MR. FITZGERALD: I think I would too, it seems more practical. TRUSTEE DOHERTY: Here are hand-drawn new plans in red. MR. FITZGERALD: I wasn't able to get the real map done by the map guy in time, so I did that and unless you have some changes, if you could act on it contingent upon the new map being that way in black instead of red? TRUSTEE DOHERTY: Sure. TRUSTEE KING: What was the proposed height of this ramp? MR. FITZGERALD: You mean height above grade? It would be at grade. The flat part up top just four feet would be at grade and it would go down, straight down from there. TRUSTEE KING: I'm just thinking DEC, I'd like to see it up off the ground a foot. MR. FITZGERALD: Okay. But there's got to be a way to get the wheels up. TRUSTEE KING: Just have a little ramp up to it out of that grated material, and that would allow some vegetation to grow under it. TRUSTEE DOHERTY: And to use that material. Are there any other comments from the Board? I make a motion to close the hearing. TRUSTEE HOLZAPFEL: Second. TRUSTEE DOHERTY: All in favor? ALL AYES TRUSTEE DOHERTY: I make a motion approve the application of Proper-T Permit Services on behalf of Shirley Kram for a fixed open walkway 4' by 30'; hinged ramp 3' by 14'; floating dock 6' by 20'; install two piles or metal pipes to secure float; construct a launching ramp approximately one foot high made of a fiberglass or some other or aluminum grating system that the vegetation could grow through, and that would be approximately a 6' by 14' ramp with a 6' by 4' platform at landward end, and to construct a 10' by 12' gazebo 25 feet back from the landward edge of the dock, and a 20' by 20' area for off-street parking all subject to revised plans showing all that. TRUSTEE HOLZAPFEL: Second. TRUSTEE DOHERTY: All in favor?. ALL AYES. 15. En-Consultants, Inc. on behalf of SUSAN & LOUIS VALENTE requests a Wetland Permit to remove and replace in-place approximately 114 linear feet of existing timber bulkhead with vinyl bulkhead; backfill with approximately 50 cubic yards of clean sand to be trucked in from an upland 79 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0969 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: / ( V' ) Application Approved (see below) has been and the ( ) Application Denied (see below) ( ) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. '. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: ~ 50 '~/ lnSjcCeb~n BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: [y~f area to be impacted: Saltwater Wetland Freshwater Wetland Sound Front Bay Front Distance of proposed work to edge of above: ~ of Town Code proposed work falls under: __Chapt.97 Chapt. 37 other Type of Application: ~,' Wetland __Coastal Erosion __ __Emergency ~fo needed: Amendment Administrative Modifications: Conditions: Present Were: J.King J.Doherty P.Dickerson D. Bergen J.Holzapfel __Other: ~ ~-~'~,,0,t-, c~0~ Qt-G. vx.~. O~ MailedfFaxed to: Date: march 15, 2006 Field I~ection Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., March 15, 2006, the following recommendation was made: SHIRLEY KRAM to construct a fixed open walkway 4'X 30', hinged ramp 3'X 14', and floating dock 6'X 20'; install two piles or metal pipes to secure float. Construct wood launching ramp 6'X 14' with 6';< 4' platform at landward end. Construct 10'X 12' gazebo. Clear upland phragmites as necessary for access to structures and for off-street parking. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 The CAC did not make an inspection, therefore no recommendation was made. THE SITE OF THE PROPOSED PROJECT IS SHADED 7 CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp and floating dock, and personal watercraft launching ramp for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York TAX MAP Application regarding the property of Shirley Kram, SCTM #I000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 February 20, 2006 ,/ :SOUTHOLD \ BA Y~ '~, LITTLE I~OG ~ECK NAssAU POINT HOG NECK BAY THE AREA OF THE PROPOSED PROJECT IS CIRCLED SHE] CORPS OF ENGINEERS DATA PURPOSE: Construct fLxed open walkway, hinged ramp and floating dock, and personal watercraft launching ramp for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York Application regarding the property of Shirley Kram, SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Februaw 20, 2006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown, north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: Lauren Standisht t~" fq $.4~e t. Linda J. Cooper, Deputy To~vn Clerk April 12, 2007 Foil Request of Patricia Moore Transmitted herewith is a FOIL request of Patricia Moore. Please respond to this office within five (5) business days. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to T(~wn Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: 7~--~ ~ 7--~-~ (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) C O~/~b ~ ~ P"~:-~.s .~,,w ~,'q-~ ~:: / z...,,-- Signature of Applicant:~ Printed Name: Address,: ~'[ Mailing Address (if different from above): Telephone Number: ~b'~- ~7~'7 ~J c~ Date: [ ] APPROVED RECEIVED [ ] APPROVED WITH DELAY* [ ] DENIED* Elizal Freedom of Information Officer APR 12 2007 So at ho~altoewn Cle~t * If delayed or denied see reverse side for explanation. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold. Ne~ York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 September 22, 2008 Board of Trustees :~]I I[~ %~'j I:i~ i Town of Southold PiO. BOX 1179 Southold, NY 119~ RE.' B-ml,,lAr,l/LLC PREM'rSES: CC'raDAR PO'rlCl~ DRTV~ lOOO_,O_ ® SOUTHOLD Dear president Kin9 and Board Members: with reference to the above, please let this serve as a request to transfer the permit issued in the name of Shirley Kram to Benali, LLC. My check in the amount of $50.00 is enclosed for your transfer fee. Thank you. PCM/bp Enclosures C: Benali LLC truly yours, PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 September 12, 2008 Office of Town Attorney Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SHIRLEY KRAM, MEMBER, BENALI LLC PREMISES: CEDAR P I~ DRIVE, WEST, SOUTHOL'. SCTM # 1000-90-1~ ~ 8EP 15 2008 Bo~d of Trustees Dear Kieran: With reference to the above, please let this letter serve as our request to correct the Trustees Resolution so as to reflect the legal name of the owner, Benali, LLC. The application was filed by Shirley Kram who is a member of the LLC. Please instruct the Board of Trustees to transfer the permit to Benali LLC Thank you. PCM/bp Enclosures C: Board of Trustees Benali LLC Very truly yours, ~a~rlcla C Moore PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 April 15, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SHIRLEY KRAI~, MEMBER, BENALI LLC PREMISES: CEDAR POINT DRIVE, WEST, SoIYrHOLD SCTM # 1000-90-1-11 Dear Board members: With reference to the above, please let this letter serve as our request to correct your records so as to reflect the legal name of the owner, Benali, LLC. The application was filed by Shirley Kram who is a member of the LLC. In the meantime, I am enclosing my clients check in the amount of $624.00 and ask that you issue the permit in the name Benali LLC and provide our office with same. Thank you. Very truly yours, PCM/bp Enclosures Patricia C. Moore PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 April 15, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SHIRLEY KRA~, MEF~BER, BENALI LLC PREMISES: CEDAR PO~ DRIVE, WEST, SOUTHOLD SCTM # 1000-90-1-~/.~ Dear Board members: With reference to the above, please let this letter serve as our request to correct your records so as to reflect the legal name of the owner, Benali, LLC. The application was filed by Shirley Kram who is a member of the LLC. In the meantime, I am enclosing my clients check in the amount of $624.00 and ask that you issue the permit in the name Benali LLC and provide our office with same. Thank you. EncOres Very truly yours, ,Patricia C. Moore James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated 1/] '7 [O q been reviewed by this Board at the regular meeting of /~-! I ~ ! 0'2 and your application has been approved pending the completion of the following items checked off below. has __ Revised Plans for proposed project __ Pro-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) __ Final Inspection Fee ($50.00) v/ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: ~,~e~ dOc~. - q'~,,%1' =~g'x'~3.¢0)~,. TOTAL FEES DUE:$ ~],00 BY: James F. King, President Board of Trustees 04/15/2008 12:27 FAX 631 MOORE LAW OFFICES Trustees ~002 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 March 11, 2008 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Tel: (631) 7654330 Fax: (631) 7654643 $outhh01fl 10~n Re~ BENALI, LLC (Kram) 1000-90-1-2 Margaret Rutkowski Betsey Perkins Secretaries Dear President King and Board: Enclosed please find project plan dated March 3, 2008 and Section view dated February 29, 2008 prepared by PROPER-T PERMIT SERVICES which conforms to the Trustee's resolution. I have submitted the enclosed plan to DEC. I have asked to amend the approved DEC plan (permit number 1-4738-02841/00002) to reduce the length of the dock to 40 feet and request for a 6' x 20' float. As you know we expressed our concem that the plan the Trustees approved would not be approved by the DEC. Mr. King advised us and the Board that he discussed the reduction of the length of the dock from 50 feet to 40 feet and 6' x 20' float with Mr. Hamilton. According to Mr. King, Mr. Hamilton advised Mr. King that the changes would be approved by the DEC because according to Mr. Hamilton's water depth measurements "there is plenty of water" at the end of the dock. The plan was approved by the Trustees in good faith relying on the representations that Mr. Hamilton reviewed and approved the reduced length of the dock. It was no one's intent to knowingly approve a plan which the DEC would reject. We will keep the Board informed of our progress with the DEC. We would ask that the Trustees support us with the amendment to the DEC. V~ry. truty,~yours, ' Patricia C. Moore CCl Benali, LLC Proper-T permit Services PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: December 12, 2007 ~ Re: Proposed Permit to Wetland Permit for Shirley Kram SCTM#1000-90-1-2 SHIRLEY KRAM requests an Amendment to Resolution dated March 22, 2006 to reconfigure the proposed docking facility. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dock was built without a Trustee permit and is in violation of § 275-16. Compliance requirements; penalties for offenses, item C. which states: "C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are named as defendants in an outstanding or unresolved wetland violation." Pursuant to Chapter 275, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc. Loft Hulse, Assistant Town Attorney BENALI, LLC Southold Town Trustees Main Road, Southold Public Hearing: December 12, 2007 Dear Mr. King and Southold Town Board of Trustees We appreciate the efforts on the part of everyone to try to settle the situation with this dock. I have the DEC approved plan dated November 3, 2006 before the Board and I would respectfully request that you consider the following as you make your decision: 1. We would never have applied for, or built, a dock with a ramp and a float. Because I live so far away it is much too difficult and costly to move the ramp and float seasonally out of the water. We purposely designed a straight dock without a ramp (only 32.5 feet is actually beyond the high water mark) so that there would be NO annual maintenance charges, and no labor charges, to put the ramp and float in and out each season. I have not installed a float and will use the dock for a season before I make a final decision whether I will ever install a float. I have offered, through my attorney, to give up the float if that will resolve this situation. 2. We built the dock to be minimally invasive ecologically. We have light filtering decking (at least 60% of the light is transmitted through the decking) and it is built three (3') feet off the water so that more light will be transmitted to the wetlands below. 3. A great deal of time and money has been spent already. There will be more DEC costs (and who really knows what the DEC will do when they get a permit change application on this - they have turned us down twice when we asked if it was possible to shorten the dock. Most recently to me and my attorney, in person) as well as more survey costs and more construction costs with no environmental benefit. 4. Some of the trustees have indicated that they thought that the dock was over the "stringline" between the two adjoining properties and their docks. Bob Fox's survey, photos, and the approved DEC permit ALL show that the dock as it exists is NOT over the string line, in fact it is several feet short of the string line (photos and survey attached). 5. Please note that some of the Trustee's have proposed an alternative that would reduce the length of the dock to 40' and allow a 6' x 20' float. If the dock were shortened we would then need a larger float. This alternative would create an additional environmental burden on the wetlands. This would necessitate significant disturbance in the wetlands and increase the surface coverage and shading of the wetlands. Currently the 10' ft of dock that is contemplated for removal has a surface area of 40 square ft. The decking is more than 60% light transmitting and is 3 feet offthe water, which means that the effective surface area is less than 16 square feet. The proposal suggested by the Trustees is for the removal of 10 feet of dock and the addition of a 6 x 20 float (120sq feet of float). The float would be impervious to light and represent a SIX TIMES GREATER amount of surface area in the wetlands. This proposal is not the plan we ever wanted, covers much more surface area, and places a GREATER ecological burden on the wetlands. 6. The proposal to reduce the length of the dock to 40' and add a 6' x 20' float would only decrease the overall length by 4'. This proposal is not only disruptive to the wetlands, but punitive on the applicant. For the above reasons we respectfully request that the Trustees carefully consider this matter and recognize that the issues involving the permit were an innocent mistake. A reduction in the length of this dock would only be a punitive measure, costing us more time and money to have the plan reviewed and approved by DEC. Please realize that the situation as it exists today is the least harmful environmentally and meets all of the DEC requirements. Please approve the pending application without modification. Thank you, Steven Kram for Benali, LLC, AREA, PERVIOUS GRAVEL 20' X 20' _ - ~ LIMIT OF CLEARING I '" PROPOSED gAZEBO ~ I OR STORAGE SHED J~ /11 7' X 14' OR OTHER SIZE _ [VI/' I FSS THAN 100 sq. fL ' ~'~'~l [ - : L FLOAT 5' X 10' SECURED ED TO DOCK - TREEi ADDRESS OF PROJECT SITE; i27§ WEST ~EDAR PO NT DRIVE 8OU~HOLD, NY 1i971 -..u d. PILE~ A'VI'ACH- 120,. HON. SHIRLEy. ~ UNITED STATES DISTRICT COURT 500 P .EARL STREET NEW YORK. NY 10001 _~,' SIX STAKES PLACED, ~'~ NUMBERED;AS SHOWN ~ PROPOSED-LAUNCHING RAIL-S ~ 3.5'± X 27~ OVERALL; O CROSS-MEMBER LOCAI'IONS ~ ~PICAL ~ ~1 ~D BOUND~Y BY ~ FO~ 111~ PROPOSED LOW~ROFILE F~ 'L/Il ' DOCK 4' X 5~ ~TH OP~ G~ DECKING AND 6' d. PILES I I J, I I I I CORPS OF ~GINEERS DATA PUI~OSE: Construct ~cd open walkway, hin~ocd ramp and floa~g dock, and two-rail small ~ bunching ramp, for private recreational purposes... DATUM: MLW LIN': West Lake AT: Soulhold COUNTY: Suffolk STATE: New Yonk ~°PROVED AS .t~ER.'I'ERM$ · ~ CONDmONs-OF _ ~./~ , .o. PROJECT I'LAN Application regarding file prop r.~.y of Shirley Kram, SC'TM #1000-90-1-2 Rept'esantr, d by PROPER-T PERMIT SERVICE8 P.O. Box 617, Cutchogue, lqY 11935 James E. Fitzgerald, .Ir. 516-734-5800 RevL~ed November 3, 2006 scanuuuz[l].jpg [Jlqz~J Image, zJJ~iXl/uu p~xels) Ble:///c:/Documents%gOand%20Sett,lgs/Bob. UPSl'AIRS FR{.)NI',.. 1 of 2 12/10/2007 2:28 PM James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES owN or sou o o Office Use Only L Coastal Erosion Pe~t Application ~ Wetland Permit Application ,.-~mendment/Trans fer/Extension ___~eceived Application: j [ ]'-) [ 07 2~.zReceived Fee:$ ~ · Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent)_ ~IJWRP Consistency Assessment Form CAC Referral Sent: ,.-Date of Inspecfion:~_(~ Receipt of CAC Report: Lead Agency Determination: Technical Review: Pfi'blic Hearing Held: I~. [0-} O~ Resolution: Administrative Permit ~uthhold TOWA Board of Trustees ~h'a°J7 i ~'¥' , to % IOOZ~ Phone Number:( ) c>21oq,- [r~O¢-- Suffolk County Tax Map Number: 1000 - ~0 - 7- ~ PropertyLocation: /27~' l~/es~ ~.~dor' '~P ~-[v.e / .-~Ot{7~qo/cd (provide LILC0 Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: ~-t 02_0 FF) otr) c_~ r Phone: ,ard of Trustees ApplicatJ GENERAL DATA Land Area (in square feet): Area Zoning: · ~Lx ~o'. Previous use ofproperty:~ __O~_ ~ Intended use of property: tO Covenants and Restrictions: Yes X~ No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No X Yes If yes, provide explanation: Project Description (use attaclanents if necessary): q~× ~-o' Iow ,ard of Trustees ApplicatJ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: -7, -7 G,O square feet Percent coverage of lot: (o© % Closest distance between nearest existing structure and upland edge of wetlands: h//Jk feet Closest distance between nearest proposed structure and upland edge of wetlands: o feet Does the project involve excavation or filling? ~ No Yes If yes, how much material will be excavated? How much material will be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: cubic yards cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): BOARD OF TRUSTEE8 TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SHIRLEY KRAM AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-90-1-2 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing a 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the ~..~/[~H ~lay of December 2007, I personally posted the property known as Cedar Point Drive West, Southold, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, December 12, 2007 on or about 6:00 p.m. ~[TI~I~IA C. MOORE Sworn to before me this \ ~ ~ day of December, 2007 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 December ~ 2007 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SHIRLEY KRAM PREMISES: CEDAR POINT DRIVE, SCTM # 1000-90-1-11 WEST, SOUTHOLD Dear Board members: With reference to the above, enclosed please find green certified mail receipt cards received as of date. Thank you. bp ~Enclosures PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 November 30, 2007 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SHIRLEY KRAM PREMISES: CEDAR POINT DRIVE, SCTM # 1000-90-1-11 WEST, SOUTHOLD Dear Board members: with reference to the above, enclosed please find green certified mail receipt cards received as of date. Thank you. Very truly yours, Patricia C. Moore By: Betsy Perkins LA bp Enclosures 11/06/2007 09:30 FAX 310 208 ?426 C0~,q~ENT PARTNERS LLC ~001 BENALI, LLC c/o Shirley Kram 140 East 81st Street New York, NY 10028 1310-476-1112 Benali, LLC, as owner, and Shirley Kram, as agent, hereby authorize Patricia C. Moore, Esq. to submit an application to the Southold Town Trustees. Benali, jLLC Stev~ Kram, msmber PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 November 28, 2007 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SHIRLEY KRAM PREMISES: CEDAR POINT DRIVE, WEST, SOUTHOLD SCTM # 1000-90-1-11 Dear Board members: With reference to the above, enclosed please find certified mail receipts, Affidavit of mailing and copy of letter sent to neighbors. Thank you. Very, t~ruly yo~ bp Enclosures BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SHIRLEY KRAM Applicant's Land Identified as 1000-14-2-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the'~ ~Z~ay of November, 2007, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. ~/~ ~;L~- ~;~nYa tPuere~n ~ / ~ -~.._., Sworn to before me this ~ day of November, 2007. ~ (Notary PI~),RET C. RUTKOWSKI Notary Public, State of New 'fork No. 4982528 Qualified in Suffolk Count~ CommiSsion Expires June 3, ~.O.¢1 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. KRAM NEIGHBOR LIST SCTM: 1000-95-1-2 TOWN OF SOUTHLD PO BOX 1179 SOUTHOLD NY 11971 SCTM: 1000-90-1-11 DOUGLAS DESEIS 2228 NE 26TM LIGHTHOUSE PT, FL 33064 SCTM: 1000-90-1-3 MARK SAPARITO 1405 WATER TERRACE SOUTHOLD NY 11971 SCTM: 1000-90-1-1 RECEIPT 7192 6463 3110 0o0o 519o FROM: Patri¢ia C MoO*e Esq RE: KRAM TRUSTEES HEAR~N SEND TO: TOWN OF SOUTHLD PO BOX 1179 SOUTHOLD NY 11971 FEES: Re~um TOTAL RECEIPT 71926463311000005183 FROM: SEND TO: DOUGIJ~ DESEIS 2228 NE 26TH LIGHTHOUSE PT FL 33064 RECEIPT 7192 6463 3110 CO00 5176 FROM: pab'icia C M(~re Esq RE: KPJ~M TRUSTEES HEARIN SEND TO: PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 November 27, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: SHIRLEY KRAM, BENALI LLC PREMISES: CEDAR POINT DRIVE WEST, SCTM % 1000-90-1-2 SOUTHOLD Dear Neighbor: I represent the above with regard to property located on Cedar Point Drive West, Southold, New York. They have submitted an application to the Southold Town Board of Trustees to amend Resolution dated March 22, 2006 to reconfigure the proposed docking facility. A copy of the Hearing Notice is enclosed together with a copy of a survey. The hearing on this matter has been scheduled for WEDNESDAY, December 12, 2007 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Very truly yours, Patricia C. Moore enclS. C: Mrs. Shirley Kram NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be hel.d by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road Southold, New York, concerning this properly. ' OWNER(S) OF RECORD: TIME & DATE OF PUBLIC HEARING: If you have an interest in this proiect, you are invited to view the Town file(s) 'which are available for inspection prior to the day of the hearing during normal business days between the hours of'8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 AREA, PERVIOUS GRAVEL 20'X 20' -' '~R'OPOSED GAZEBO , I ~ 1 ' ~,o. STORAGE SHED ~/ "N ' ' 7'X 14' OR OTHER SIZE.~..._ [ V I1 ~ ' · ' LESS THAN 100 sq. ft. ~ I/ I · . ...' \ . ~ ~ OF D~CK AND BY ~O 6"' d. PILESy ' / ~ OR 2 M~A~ PIPES. ACCESS TO ~.O ~ FLOAT BY 2 WIDE ~DDER A~ACH- ED TO DOC~ -D.O STREET ADDRESS OF PROJECT SITE; 1275 WEST CEDAR POINT DRIVE S~UTHOLD, NY 11971 120! [ HOWl. SHIRLEY KR~M UNITED STATEs DISTRICT COURT 500 PEARL STREET NEW YORK, NY 10007 L" SIX STAKES PLACED, ~'"' NUMBERED'AS sHOWN PROPOSED-LAUNCHING RAILS 3.5'+ X 2T OVERALL; CROSS-MEMBER LOCATIONS TYPICAL ~ ' ¢-- ' ""~ ~ ~ -'--'-'¥VETLAND BOUNDARY - _ - --'--O.I-- -- -- ~- ~-'_ __~ , '~/ BY R. FOX, 1/19/06 LJ~ -- ~ -.-~. '~11 ' . -0.4 -?..~ . ~ · PROPOSED LOW-PROFiLE meg t'ti /--L~%qmp ~ - ' DOCK 4' X 50' WITH OPEN GRATE I ~ ' IOOL DECKING AND 6" d. PILES '~_ I I I -2.4 -2.5 CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp a~d floating dock, and two-rail small crat~ launching ramp, for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York I mL~., LO AS PER TERMS -2"4'1 qD CONDITIONS OF _., ' ',,A 5/d/ o I. , I I SCALE: 1" = 20' PRO,CT PLAN App~cafi~n reg~dhg ~e prope~ of S~ley ~m, SCTM ~1000-90-1-2 Represented by PROPER-T P~T SER~CES P.O. Box 617, ~tcho~e, ~ 11935 Jmes E. Finger,d, Jr. 516-734-5800 Revised November 3, 2006 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ~i 1. All applicants for permits* including Town of Southold agencies, sl complete this CCAF for proposed actions that are subject to the Town Southold Waterfront Consistency Review Law. This assessment is inte supplement other information used by a Town of Southold agency in rr determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION BENALI, LLC amendment to existing dock SCTM# 1000- 90-1-2 Cedar Point Drive West, Southold The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: Nature and extent of action: extend approved 4' x 30' fixed dock and 3' x 14' hinge ramp, 6' x 20' floating dock with low profile 4' x 50' fixed dock with open grate decking, ladder (no ramp) and 6' x 15 float Location of action: Cedar Point Drive West, Southold Site acreage: .25 acre Present land use: dock, sun fish launch, gazebo and parking area Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Benali, LLC (b) Mailing address: 11499 Bellagio Road, Los Angeles CA (c) Telephone number: Area Code ( ) c/o 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. XYes No Not Applicable Waterfront property wishes to maintain private dock which enhances waterfront property and provides recreational use of owners property. 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 X Not Applicable- no archeological remains residential property Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Property located on West Lake which maintains several docks. Plan is compatible with waterfront development on West Lake Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable Minimum disturbance with waterfront. Access controlled by dock 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 X No Not Applicable X No sanitary 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. X Yes No Not Applicable minimum loss or impact to coastal habitats Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable- no air quality issues 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 X Not Applicable- proposed dock no impact on solid waste PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. XYes No Not Applicable Proposed dock will promote use of waterfront 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. X Yes No Not Applicable proposed dock will promote use of private waterfront and open space Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. XYes No Not Applicable dock is designed to minimize impact on Peconic estuary Attach additional sheets if necessary Attach Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable no agricultural land additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable no energy consumption </div> PLANNING BOARD M~ERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator 2006 Date: March 17, 2006 Re: Proposed Permit to Wetland Permit for Shirley Kram SCTM#1000-90-1-2 SHIRLEY KRAM requests a Wetland Permit to construct a fixed open walkway 4'X 30', hinged ramp 3'X 14', and floating dock 6'X 20'; install two piles or metal pipes to secure float. Construct wood launching ramp 6'X 14' with 6'X 4' platform at landward end. Construct 10'X 12' gazebo. Clear upland phragmites as necessary for access to structures and for off-street parking. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2. The property is zoned Residential 40 or R-40. The proposed structure is located in the X500 flood zone. The applicant currently enjoys access to the water. The proposed action is not located within a Significant Fish and Wildlife Habitat Area or Critical Environmental Area. The construction of the gazebo and 6x4 deck 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 meT it is my recommendation that the proposed gazebo and 6x4 deck is INCONSISTENT with the following LWRP Policy Standards~ Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback of the gazebo structure from the wetland delineation line is 2 feet; the 6'x 4' deck is located within the wetland system as shown on the survey dated 2/27/06; a minimum separation distance of 50' is required pursuant to Chapter 97 (see below). D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [5] Swimming pool and related structures: 50 feet. Please require that the applicant relocate the gazebo and deck to amend the application to meet the above mandate to the greatest extent possible. The proposed 4' x30' dock, 3'x14' ramp and 6'x20' float is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the action meets the below policies and the folowwing recommendations are applied to the action; Protect visual quality associated with public lands, including publict transportation routes, public parks and public trust lands and waters. Limit water surface coverage or intrusion to the minimum amount necessary. Limit alteration of shoreline elements which contribute to scenic quality. The structure has been designed a low profile (3.5' above grade) to mitigate visual impacts. Additionally the scale of the structure is not significantly out of context to the surrounding dock structures to the east and west of the proposed action. Protect visual quality associated with agricultural land, open space and natural resources. Avoid structures or activities which introduce visual interruptions to natural landscapes including: a. introduction of intrusive artificial light sources b. fragmentation of and structural intrusion into open space areas c. changes to the continuity and configuration of natural shorelines and associated vegetation It is recommended to further the above policy that clearing to access the dock structure be limited to less than 15' wide footpath to retain the bio-filtering benefits of the natural vegetation. Additionally, prohibit lighting on the structure to preserve the night sky and limit artificial light sources. 6.1 Protect and restore ecological quality throughout the Town of Southold. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or excavating a wetland or clearing an upland forest community prior to development. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. 5. Avoid permanent adverse change to ecological processes. To minimize ecological impacts the following is recommended: 1. Establish limits of clearing on the parcel to that necessary to access the dock structure. 2 Prohibit the use of CCA treated wood~ oil based preservatives containin? creosote (CRT) or pentachlorophenol (PCP), applied to the surface of wood materials shall be permitted in the construction materials of the structure. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar USES, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. by potential adverse effects on natural resources and their uses, and by potential adverse effects on public safety. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The proposed scale of the dock does not significantly deviate from the surrounding dock structures. No significant impediment to public trust lands or access will result as a result of the action. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. In addition to Mattituck Inlet and Creek and the Village of Greenport, important concentrations of water- dependent uses are located at Orient Point, Orient hamlet, Gull Pond, Mill Creek/Budds Pond, Town/Jockey Creek, New Suffolk, James Creek and West Harbor. Individual marinas and other water-dependent uses are located outside of the concentrations of maritime activity. Ensure that public actions enable these harbors, inlets and creeks to continue to function as concentrations of water-dependent uses. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of these harbors, inlets and creeks. 10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. A. Limit the potential for adverse impacts associated with development of a new water-dependent use by promoting the location of new development at appropriate sites. Appropriate sites include: sites which have been previously developed, sites which require minimal physical alteration to accommodate development, sites that already possess public infrastructure or locational characteristics that would support a water-dependent use. B. Avoid development of new water-dependent uses at sites that are located outside of the traditional concentrations of water-dependent uses or at sites that exhibit important natural resource values or where the proposed use will cause significant adverse affects on community character, surrounding land and water uses, or scenic quality. The proposed dock structure is not located in a Significant Fish and Wildlife Habitat Area or a Critical Environmental Area. The scale of the structure does not significantly deviate from surrounding dock structures. If the following above recommendations are applied, it is expected that, no significant adverse affects on the character of the community, surrounding land or water uses or scenic quality will result from the action. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADD~: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator 17 Date: March 17, 2006 Rc~ Proposed Permit to Wetland Permit for Shirley Kram SCTM#1000-90-1-2 SHIRLEY KRAM requests a Wetland Permit to construct a fixed open walkway 4'X 30', hinged ramp 3'X 14', and floating dock 6'X 20'; install two piles or metal pipes to secure float. Construct wood launching ramp 6'X 14' with 6'X 4' platform at landward end. Construct 10'X 12' gazebo. Clear upland phragmites as necessary for access to structures and for off-street parking. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2. The property is zoned Residential 40 or R-40. The proposed structure is located in the X500 flood zone. The applicant currently enjoys access to the water. The proposed action is not located within a Significant Fish and Wildlife Habitat Area or Critical Environmental Area. The construction of the gazebo and 6x4 deck 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 departmenh as well as the records available to me, it is my recommendation that the proposed gazebo and 6x4 deck is INCONSISTENT with the following LWRP Policy Standards~ Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback of the gazebo structure from the wetland delineation line is 2 feet; the 6'x 4' deck is located within the wetland system as shown on the survey dated 2/27/06; a minimum separation distance of 50' is required pursuant to Chapter 97 (see below). D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [5] Swimming pool and related structures: 50 feet. Please require that the applicant relocate the gazebo and deck to amend the application to meet the above mandate to the greatest extent possible. The proposed 4' x30' dock, 3'x14' ramp and 6'x20' float is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the action meets the below policies and the folowwing recommendations are applied to the action; Protect visual quality associated with public lands, including publict transportation routes, public parks and public trust lands and waters. Limit water surface coverage or intrusion to the minimum amount necessary. Limit alteration of shoreline elements which contribute to scenic quality. The structure has been designed a low profile (3.5' above grade) to mitigate visual impacts. Additionally the scale of the structure is not significantly out of context to the surrounding dock structures to the east and west of the proposed action. Protect visual quality associated with agricultural land, open space and natural resources. Avoid structures or activities which introduce visual interruptions to natural landscapes including: a. introduction of intrusive artificial light sources b. fragmentation of and structural intrusion into open space areas c. changes to the continuity and configuration of natural shorelines and associated vegetation It is recommended to further the above policy that clearing to access the dock structure be limited to less than 15' wide footpath to retain the bio-filtering benefits of the natural vegetation. Additionally, prohibit lighting on the structure to preserve the night sky and limit artificial light sources. 6.1 Protect and restore ecological quality throughout the Town of Southold. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or excavating a wetland or clearing an upland forest community prior to development. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resoumes within and among communities. a. Each individual resoume area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. 5. Avoid permanent adverse change to ecological processes. To minimize ecological impacts the following is recommended: 1. Establish limits of clearing on the parcel to that necessary to access the dock structure. 2 Prohibit the use of CCA treated wood, oil based preservatives containing, creosote (CRT) or pentachlorophenol (PCP)~ applied to the surface of wood materials shall be permitted in the construction materials of the structure. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. for commemial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. in order to gain reasonable access to navigable waters from riparian lands. Obstruction of navigable waters and underwater lands is limited: to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. by potential adverse effects on natural resoumes and their uses, and by potential adverse effects on public safety. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commeme, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The proposed scale of the dock does not significantly deviate from the surrounding dock structures. No significant impediment to public trust lands or access will result as a result of the action. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. In addition to Mattituck Inlet and Creek and the Village of Greenport, important concentrations of water- dependent uses are located at Orient Point, Orient hamlet, Gull Pond, Mill Creek/Budds Pond, Town/Jockey Creek, New Suffolk, James Creek and West Harbor. Individual marinas and other water-dependent uses are located outside of the concentrations of maritime activity. Ensure that public actions enable these harbors, inlets and creeks to continue to function as concentrations of water-dependent uses. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of these harbors, inlets and creeks. 10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. A. Limit the potential for adverse impacts associated with development of a new water-dependent use by promoting the location of new development at appropriate sites. Appropriate sites include: sites which have been previously developed, sites which require minimal physical alteration to accommodate development, sites that already possess public infrastructure or locational characteristics that would support a water-dependent use. Avoid development of new water-dependent uses at sites that are located outside of the traditional concentrations of water-dependent uses or at sites that exhibit important natural resource values or where the proposed use will cause significant adverse affects on community character, surrounding land and water uses, or scenic quality. The proposed dock structure is not located in a Significant Fish and Wildlife Habitat Area nor a Critical Environmental Area. The scale of the structure does not significantly deviate from surrounding dock structures. If the following above recommendations are applied, It is expected that, no significant adverse affects on the character of the community, surrounding land or water uses or scenic quality will result from the action. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Albert J. ILrupski, President James King, Vice-President Arkie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095Rou~e25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES . TOVfN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~efland Permit Application __ Major __ W aiv er/Amendment/Changes -"-Received Application: ,ll~g~ID~ ~- Received Fee:$ oq~ ,-42ompleted Application ~,-~-9 IOlt~ Incomplete SEQRA Classificafiom Type I Type II Unlisted Coordination:(date sent)~ ,.~AC Referra! Sent: al eR 1131~ Receipt of CAC Report: Lead Agency Determination:__ Technical Rexfevc. · -~Pubhc Hearing Held: .% 10~ IO(o Resolutiom FEB 2 8 2005 Nme of Applicant Shirley Kram Address 140 East 81st Street, NY, NY 10028 Phone Number:( ) 212-805-6315 Suffolk County Tax Map Number: 1000- 90-1-2 Property Location: 1275 West Cedar Point Drive, Southold (pro,fide LILCO Pole #, distance to cross streets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 Board of Trustees Application GENERAL DATA 13,030 Land Area (in square feet):_ Area Zoning: R - 4 0 Previous use of property: Unct eve 1 ope d Intended use of property: Private recreation Prior permits/approvals for site improvements: Agency Date XX No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: PROJECT DESCRIPTION: Construct fixed open walkway 4' x 30', hinged ramp 3' x 14', and floating dock 6' x 20'; install two piles or metal pipes to secure float. Construct wood launching ramp 6' x 14' with 6' x 4' platform at landward end. Construct 10' x 12' gazebo. Clear upland phragnfites as necessary for access to structures and for off-street parking. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: Access to water for private recreation. Area of wetlands on lot: 7760 square feet Percent coverage of lot: 60 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: - 0- feet Does the project involve excavation or filling? XX No Yes If yes, how much material will be excavated? How much mater/al will be filled? Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: cubic yards cubic yards 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): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by ADplicant or Proiect Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME James E. Fitzgerald, .Ir. - Proper-T Permit Services / ICram dock, ramp, gazebo 3. PROJECT LOCATION: Municipality Sotztho[d County St~o[k 4. PRECISE LOCATION (Street address and road intemections, prominent landmarks, etc., or provide map) 1275 West Cedar Point Drive See attached maps. Southold, NY 11971 5. PROPOSED ACTION IS: [] New [] Expansion [] Modgication/alterafion fl. DESCRIBE PROJECT BRIEFLY: ConsU"uct fixed open walkway 4' x 30', hinged romp 3' x 14', and floathig dock 6' x 20'; install two piles or metal pipes to sccmre float. Construct wood launching ramp 6' x 14' with 6' x 4' platform at landward end. Construct 10' x 12' gazebo, Clear upland phra~Jtes as necessat3~ for access to sttuctm'es and for off-straet park~g. 7. AMOUNT OF LAND AFFECTED: Initially tess [nan U.l acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~r~ No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Small- to medium-size private waterfront residences. [~Agdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes -- U No If Yes, list agency(s) name and permit/approvals: NYSDEC, USACoE, NYSDOS, Southold Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if Yes, list agency(s) name and permit/approvals: 12. [~Yes []No ~ I CERTrR' THAT THJ~FO~k~ Applicent/sponsor na~le: J~ E-~ AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ) ~I;~)VIDED ~ IS TRUE TO THE BEST Of MY KNOWLEDGE Date: Feb 27, 2006 I, thecaCeceC~sO~, ,, in the Coa/S Area, and you are a state agency, complete the I Assessment Form before proceeding with this assessment I OVER I Reset AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Shirley Kram STATE OF NEW YORK COUNTY OF SUFFOLK 1, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 13t~ day of March, 2006, I personally posted the property known as 1275 West Cedar Point Drive, Southold, 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 heating, which date is noted thereon to be Wednesday, March 22, 2006 at or about 6:30 PM. ~mes E. Fitzgerald Sworn to before me this ~Z-x~kb day of ~'~xk~'~.X'x._. ,2006. Notary Public AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES 1N THE MATTER OF THE APPLICATION OF: Shirley Kram STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 13th day of March, 2006, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. ~/'~~t Ja~es E. Fitzgerald~ Swom to before me this day of ~Lx,XcX-,~ ,200 ~ . Notary Public TO: Date: March 13, 2006 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Shirley Kram, SCTM #1000-90-1-2 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Construct f~xed open walkway 4' x 50', and float 6' x 15' parallel to the fixed dock; install two piles or metal pipes to secure float. Construct wood launching ramp 6' x 23' with 6' x 4' platform at landward end. Construct 10' x 12' gazebo or storage shed. Clear upland phragmites as necessary for access to structures and for off-street parking. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 1275 West Cedar Point Drive The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 6:30 PM on Wednesday, March 22, 2006. If you wish to comment you may call the office (631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. The project described above will be reviewed by the Board of Tmstees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Hon. Shirley Kram United States District Court New York, NY 10007 212-805-6315 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. March 10, 2006 KRAM: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-90-1-2 Hon. Shirley Wohl Kram United States District Court New York, NY 10007 NOTICE SENT 1000-90-1-1 Mark Saporita 1405 Water Terrace Southold, NY 11971 1000-90-1-3 Douglas Defeis 2228 NE 26th Street Lighthouse Point, FL 33064 1000-88-6-13,25 Christopher Broderick 880 Water Terrace Southold, NY 11971 1000-88-6-13.26 Robert Bridges 760 Water Terrace S0uth~!d, NY 11971 lq.c~mp ~ ~ F:loc~ ion STATEMF_JqT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES State of N~v York ) I, Shirl=y Fram, being duly sworn, depose and affirm that I am an owner or,be pmpei~y located al 1275 West Cedar Point Drive, Southold, New York 11971, and identified by Suffolk County Tax Map No. 1000-90-1-2, and that all work will be done i~ the rammer forlh in the present application and as may be approved by the Southold Board of Town Trustees. 1 ~ to hold the Town of Southold and the Town Trustees ha~nless and free from any and all damagcs and claims arising under or by virtue of said permit(s), iftranted. I hereby authorize thc Town Trustees or their a~cnt(s) or rep~sentagve(s) to enter upon my propen'y to/nspect thc Ixcrnis~s in co~u~ction with the review of the present al)pl/cation. ~,,~ ~ ~e~o~e ~ ~ ~...7..... d~y o~...~..~ ................ ,,-oo..~.:. ~a,O ~tst gls~ Street N~w Yor~ NY 10028 Pz~ident Board o£ Town Trustees Town of $outhold Town Hall, 53095 Ma~ Road gouthold, ~w York 1 ~971 D~a~Sir: Please be advised that I hvreby desillnate and authorize James !~. Fitzgerald, Ir. of Propcr-T Permit Services to a~t in my behalf es my agen! in the submission and processing ufa pm-mit applicalion for the conslru¢fion ora dock, laonchinl~ ramp, lind gazebo on my property lo- cated at 1275 West Cedar PO/hi Drive, Southold, and designated by Suffolk County Tax Map No. 1000-90-1-2, and to furnish, upon request, supplemental information in support oflhe plication. APPL.]CAArF TRANSACTIONAL D[SCLOSUE.E FOR.M The Trow of $outhold's Code of Ed~.ics orohibits conflicts of in~r~t on ~d ~nlov~s. ~ ~u~se of~i~ f~ is to om~o~ whi~ ~sible conflic~ oi~ ~ ~low it to ~e.~ale~er aefipn is n~ess~ to avoid s~e. YOUR HAME: Shirley Kram (Last name, first name, middle initial, untess you are applying in the name of~meon¢ dse m other cauty, such as other pc~son or company name.) NATURE OF APPLICATION: (Cbc& all that apply.) T~x Grieva~e Cbaog0 of Zo~ Approval of P~ E~mpfion 6~ P~t or 0~ Map ~or XX If "O~r", n~ the ~vity: wetland~ ~ermit Do you pe~soaally, (or flu'ot~h your company, spout, siblLng, pareat, or child) bare a relafio~h/p wit~ any ot~cer or employee of ~e Tow~ of Southold? "R~lat/or~h/p" i~cludes by blood, maraage, m' bu~ss interest. "Busmes~ htercst" m~a~s a business, includ~n8 a pa.~nm'~h/p, in whk. b the Town offer, et or erap[oye= has wen a pat~/a] m,merd~p o£ (or emp]oymem by) a corpora~oo in which the Town aff/ce~ or mployee owns mom than 5% o£the she.res, YES NO XX It' you answered "YES". compE'tc the balance offl~ form and date and sign where inc:icat~. Name of person employed~ by the Tovm of Southo[d: TiRo or posifio~ of lhat per, on: Describ~ th,U rel~on~p betv,~en youraeR' (tho applicaat) and the Town ~ or employee. Eithe~ check the appropriate line A throush D (below) mid/or describe the relationship in the spa, ce provided. TI~ Town o/~cor or emplo)~ or h/~ or her spousg ~blmg, p~t, or c~d ~ (~ ~1 that apply): A) ~ o~ ~gm~ ~ ~% ~e ~ of~ ~ora~ ~k ~e ~t (~ ~ a~li~ is a ~omion); . B) ~ le~ or bm~fic/~ ~ ~ ~y ~t~t ~ a non~rate ~ DESCR/2TION OF RELATIONSI"RP Proper- T Permit Services POST OFF/CE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-58OO February 27, 2006 Presidem Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for Permit on Behalf of Shirley Kram; SCTM # 1000-90-1-2 Dear Sir: Attached are documents which have been prepared in support of the application for a permit to construct a dock, launching ramp, and gazebo on the property of Shirley Kram in the Town of Southold. Proper-T Permit Services represents Judge Kram in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. , ~Sincerely, ~ Enclosures: /ames E. Fitzg7 Application Fee ($250) Letter of Authorization Notarized Statement of Applicant Transactional Disclosure Form Application Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Hydrographic Survey/Project Plan (3 copies) LWRP Consistency Assessment Form 2 8 200 a subsidiary of THE PECONIC EASTERN CORPORATION APPLICANT: S[IIRLEY KRAM SCTM #: 1000-90-1-2 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 ~S Foster a pattern of devdopment 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. [] NO [] NOT APPLICABLE The construction of a small private-use dock and a small wood personal watercraft launching ramp is consistent with the character of the highly-developed "lakefront" community, and because of the relatively small area of the proposed structures it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and accessed from private property. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. 2 Preserve historic resources of the Town of Southold. [] NO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes historic features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of recoverable artifacts of past civilizations. Policy 3 ~S Enhance visual quality and protect scenic resources throughout the Town of Southoid. [] NO [] NOT APPLICABLE The marine structures proposed are Iow profile and will be inconspicuous in the proposed location. The proposed gazebo is minimal in size and will be of an open design, minimizing its visual impact. They are all compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualities. Policy 4 ~S Minimize loss of life, structures, and natural resources from flooding and erosion. [] NO [] NOT APPLICABLE It is intuitively obvious that the likelihood that the proposed structures would contribute to increased hazards wlfich could result in the losses listed is minimal. Natural protective features will not be adversely affected Policy 5 Protect and improve water quality and supply in the Town of Southold. ~YES [] NO [] NOT APPLICABLE The proposed project will not include a pump-out station nor will liquid or solid wastes be discharged into the water or wetlands. Disturbance of the creek bed during construction and thereafter during active use of the structure will be minimal. Policy 6 ~S Protect and restore the quality and function of the Town of Southold's ecosystem. [] NO [] NOT APPLICABLE Although the shading resulting from the project structure may adversely affect the wetland vegetation immediately under it, efforts will be made in the construction to space the deck planking to permit some sunlight through, and the essentially north-south orientation of the structures will assist in this regard. The project site has been chosen to pass through a naturally-occurring sparsely vegetated area. During construction, the indigenous plants will be protected insofar as possible. The project is not located in a Significant Coastal Fish and Wildlife Habitat. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. No dredging, excavating, or filling is proposed. Policy 7 Protect and improve air quality in the Town of Southold. ~4rYES [] NO [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant mounts of new air pollution. The siting of the dock is such as to limit the usable size of the boat, and thus its engine. Policy 8 ~S Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] NO [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products, if any, will be accomplished through the use of approved conta/ners and facilities, and approved methods of handling and storage will be followed. Policy 9 [] YES Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 [] YEs Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agri~ltltural lands in the Town of Southold. [] YEs [] No [] NOT APPLICABLE This policy is not applicable to the proposed project. PROPOSED PARKING AREA 20' X 20'; REMOVE EXISTING BCA AND REPLACE WITH DEC-APPROVED. " ~-I~l I II C CROSS-MEMBER ·LOCATIONS ~PICAL PERVIOUS SURFACING MATERIAL . ~ LIMIT OF- CLEARING CR'oPosEo G~.E~O ~1 ~i ORSTORAGESHI~O 'IX/I/~ 7, x 14' OR OTHER SIZE ~ I/ . LESS THAN 100 sq. ff. ~/ X] [ , ~-~--- Zn <,,~ uJa. o~ <0 ~m- · ~.~..." _ ~ ~.t · LUll-- ~, , .~ .<~ '~ ...¢-.. · .~. \ \ o° ~ -4-.~ ·'" '~\ '~° i ,...',..-4.~ . · '"~~ FLOAT6 X20 SECUREDA' ~ D · .,~ ~ OF DOCK BY TWO 6" d. PILES . ~- ~ OR 2" METAL PIPES. ACCESS TO · ~ FLOAT BY 2' WIDE LADDER AT- TACHED TO DOCK. STREET ADDRESS OF PROJECT SITE; 1275 WEST CEDAR POINT DRIVE SOUTHOLD. NY 1 t97! DECKING AND 6" d. PILES. SOIL DISTURBED NEAR LANDWARD END OF LAUNCHING RAILS TO BE REPLANTED WITH NATIVE VEGETA- TION, APPROX. 36 SQ. FT. SCALE: 1' = 20' CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway and floating dock, and two-rail small craft launching romp, for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York PROJECT PLAN Application regarding the property of Benali, LLC; SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised March 3, 2008 PROPOSED LOW-PROFILE FIXED DOCK 4' X 40' WITH OPEN GRATE DECKING AND 6" d. PILES. LANDWARD END OF LAUNCHING RAILS; RAILS 4X LUMBER ON EDGE, SPACED 3.5'+ APART, OR FUNCTIONAL EQUIVALENT SEAWARD END OF LAUNCHING RAILS; 27' LONG OVERALL EDGE OF WETLANDS, BY R. FOX, 1119/06 SPRIN(~ HIGH WATER 'MM EDGEOFBANK · LADDER 2'~.5'WIDE ATTACHED TO DOCKFORACCESSTOFLOAT FLOAT 6' X 20' SECURED AT END OF DOCK BY TWO 6" d. PILES OR 2" METAL PIPES. HIGH WATER L'~'W~/A'TE R ALL DIMENSIONAL LUMBER, TIMBER AND PILING ARE OF CCA-TREATED WQOD. ALL HARDWARE IS GALVANIZED STEEL.. 6" DIAMETER PILES 11'+ ON CENTER, EXCEPT LESS IN SEAWARD BAY CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway and floating dock, and two-rail small craft launching ramp for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York SCALE:I~"=I' SECTION VIEW Application regarding the property of Shirley Kram, SCTM # 1000-90- !-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 Iames E. Fitzgerald, Jr. $16-734-5800 Revised February 29, 2008 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 March 14, 2006 (631) 734-5800 President Board of Town Trustees Town of Southold Town Hail, 53095 Main Road Southold, New York 11971 MAR 1 4 2006 Re: Shirley Kram; SCTM #1000-90-1-2 Dear Sir: Judge Kram has requested that certain changes be made in the plan which was recently submitted: the fixed open walkway is twenty feet longer, the fourteen-foot hinged ramp is eliminated, the float is reduced in length by five feet and relocated to the side of, and parailel to, the fixed open walkway, and the launching ramp is increased in length by nine feet to reach the low water line. A possible aitemative to the gazebo, a storage shed of the same size, is proposed. Three copies of the revised plan are enclosed. The new project description is as follows: PROJECT DESCRIPTION: Construct fixed open walkway 4' x 50', and float 6' x 15' parallel to the fixed dock; install two piles or metal pipes to secure float. Construct wood launching ramp 6' x 23' with 6' x 4' platform at landward end. Construct 10' x 12' gazebo or storage shed. Clear upland Idam~a~ites as necessary for access to structures and for off- street parking. ~--~.t0 h The project plan and the included project description mailed to adjacent property owners reflected these proposed changes. Sincerely, les E. Fitzgera~ a subsidiary of THE PECONIC EASTERN CORPORATION l~.omp ~ ---~ Floc% t '/'0 ion Site Plan Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water 1" = 30' N Cross Section 1" = 20' Proposed Proposed Dock 4' x 50' 6' wide 3.5' abv, gr. ........ra-m-~,,. I~., steps to LW Proposed ~~/__ _ ~ Gazebo / I I ~-'~-~. ~ ..... ~ Edeo~ ~ ~. t-ox honk / ~, 01-1~1-0~ . oc All hard. are galvanized All lumber approved list Float ~xlst:. I:~:~. PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, 631-722-3390 Site Plan Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water 1" = 30' N Cross Section Proposed Proposed Dock 4' x 50' 6' wide 3.5' abv. gr. All h~rd~orm golvonlzed All lumber from opproved Float '-;-;~;L--~-~-;~ ......... PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722-3390 Site Plan Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water 1" = 30' c~ N /-o/re Cross Section 1" = 20' Proposed Proposed Dock 4' x 50' 6' wide 3.5' abv. gr. ramp~ steps to LW Proposed ........ ~'~'- - Gazebo - ~. I I ~-~----t- ..... 10'x 12' ~"ter-~l~nc~I I~dae /'": ....... ~l~_~?d I I%F / ~ ~a. btJ R. Fox 1~3nk / Ol-lq--O& ii ac All hord~are galvanized All iurnt:~m {=rom approved list; Float PREPARED BY:; SEA LEVEL; MAPPINGi PO BOX# 538 RIVERHEAD, NY 631-722-3390 Map of.Lot 134 'Cedar Beach Park' --iled Dec 20, 1927 as Map Cf 90 SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Datum: Low Water c~ 1" = 30' N Cross Section 1" = 20' All hard~ore cjolvanlzed Proposed All I~be~ Proposed Dock 4' x 30' ~rom [ 6' wide 3.5' abv. gr. Ramp approved Iisi ramp~j j J 3'x14'I Float ........ ~1 ...... I /~ I 6'x2(7 G~ebo Ed~e~ I I [ J ........... 1 .... ~1~ ed e . " ............................ 10'X12' delln~ I I :~ /~"~'~' I Ol-lq~ PREPARED B1 SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722-3390 I 'Ced~.r Beach'Park' Filed Dec 20, 1927 as Map Cf 90 SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Datum: Low Water leke FEB o~ 1" = 30' N Cross Section 1" = 20' Proposed Proposed Dock 4' x 30' All hc~dmcre golvonlzed All lumb~r ~rom [ 6' wide 3,5' abv. gr. Ramp oiopr'oved ramp'~ I I I 3'x-' i Float ........ ~ I ...... I I~ I 6'x20' Gazebo EdqeoF I I( I ] ........... 1 P~tlonds ed ,, ' .............................. 10'X12' deiln~:~ I I or I cZI . ~ dia. exist ~tm. PREPARED B~ SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722-3390 Board of Trustees 77 March 22, 2006 example, what tools are there to go back and assure that the applicant is doing the right thing unless you have a set of plans and specs. Like putting that pile of material they take out. Okay, it's going to be behind the 100 feet so it's out of your jurisdiction, but I'm very concerned, as you mentioned, with the flooding we have in New Suffolk, suppose we,have that pile there, the hay bales are between there and sea, but we get a storm and the runoff starts going the other way down to Lake New Suffolk, and then it gets pumped into the sea. These are the kind of issues we have with this proposal. I mean, granted, I will be as an engineer admit, these bulkheads need to be maintained and repaired, I won't argue with that. It's just a damn poor job of describing what they're going to do and don't provide the tools to follow up to make sure you're getting the kind of job you want when you're projecting the environment. Thank you. TRUSTEE BERGEN: Thank you. MR. RAYNOR: If it helps, I'll be more than happy to talk it over for any rain runoff for any soil. TRUSTEE BERGEN: If no other comments, I'll make a motion to close the public hearing. TRUSTEE DOHERTY: Second. TRUSTEE BERGEN: All in favor? ALL AYES. TRUSTEE BERGEN: I make a motion to approve the application of Patricia Moore on behalf of Love Lane Acquisition as described with the conditions that a dry well is installed as we showed on the plans and you'll submit new plans, obviously, showing these, but the dry well, the new walkway is shown in the area that we specified, and that the spoil is going to be moved and stored outside of our jurisdiction no more than 100 feet away from any waterway or wetland area, and contaminated material moved offsite and also would you consider using a silt screen at the entrance of the harbor area to help prevent any debris going out into Peconic Bay in the bulkheading part of this. All subject to new plans. TRUSTEE DOHERTY: Second. TRUSTEE BERGEN: All in favor? ALL AYES. 12. Proper-T Permit Services on behalf of SHIRLEY KRAM requests a Wetland Permit to construct a fixed open walkway 4' by 50', and float 6' by 15' parallel to the fixed dock; install two piles or metal pipes to secure float, construct wood launching ramp 6' by 23' with a 6' by 4' platform at landward end. Construct 10' by 12' gazebo or storage shed; 77 Board of Trustees 78 March 22, 2006 clear upland vegetation as necessary for access to structures for off-street parking. Located: 1275 West Cedar Point Drive, Southold. SCTM#90-1-2 TRUSTEE DOHERTY: The description I read is a little different than on the agenda, it's been updated. We all were at the site. The CAC did not inspect, so therefore, no comments. And LWRP found it inconsistent, which we talked about in the field and made some changes. The setbacks were one of the things. MR. FITZGERALD: The gazebo or shed 25 feet back from the end of the dock and the parking area, 20' by 20', is shown. The 25 feet is the figure you gave me. TRUSTEE DOHERTY: And there's one comment here from LWRP that I don't understand, it says swimming pool and related structures. Because he has that highlighted, but -- MS. CUSACK: He took it out of the code, it says swimming pool and related structures have to be 50 feet -- TRUSTEE DOHERTY: Right, it's in bold, so I didn't know, right. We talked about the ramp next to it and how we felt we didn't need to have that size ramp there. I see that's still - MR. FITZGERALD: The discussion was about the width as I recall, and I asked the applicant's son to measure the dolly they use for the Sunfish, and the outside dimension of the wheels is 4'4". TRUSTEE DOHERTY: So, what are you proposing that be? MR. FITZGERALD: Six feet, which seems reasonable given the width of the boat, which is somewhat more than that. TRUSTEE DOHERTY: What were you proposing material for that ramp, to build that? MR. FITZGERALD: I don't know. I would presume that marine plywood be -- TRUSTEE KING: If we allow that, it should be the new grated system, kept Iow and the stuff will grow up toward -- TRUSTEE BERGEN: Let me ask you this, would it work, would it suffice if instead of installing a ramp, you just clear the area like you said about 6', she said about 4'4", so next to the dock about 6' of extra clearing so they could just wheel it down there; is there any need for the ramp? MR. FITZGERALD: That would be the best way of doing it, but the bank at that point is at least 18 inches high. TRUSTEE DOHERTY: Maybe we could use the new material that's out that you could put down and the growth could still grow through it. MR. FITZGERALD: That's a good idea. TRUSTEE DOHERTY: It's a hard surface, but yet you still 78 Board of Trustees 79 March 22, 2006 have the growth. It's not going to get out of control because you're going to be using it. I think we would rather see something like that. MR. FITZGERALD: I think I would too, it seems more practical. TRUSTEE DOHERTY: Here are hand-drawn new plans in red. MR. FITZGERALD: I wasn't able to get the real map done by the map guy in time, so I did that and unless you have some changes, if you could act on it contingent upon the new map being that way in black instead of red? TRUSTEE DOHERTY: Sure. TRUSTEE KING: What was the proposed height of this ramp? MR. FITZGERALD: You mean height above grade? It would be at grade. The flat part up top just four feet would be at grade and it would go down, straight down from there. TRUSTEE KING: I'm just thinking DEC, I'd like to see it up off the ground a foot. MR. FITZGERALD: Okay. But there's got to be a way to get the wheels up. TRUSTEE KING: Just have a little ramp up to it out of that grated material, and that would allow some vegetation to grow under it. TRUSTEE DOHERTY: And to use that material. Are there any other comments from the Board? I make a motion to close the hearing. TRUSTEE HOLZAPFEL: Second. TRUSTEE DOFIERTY: All in favor? ALL AYES ~ TRUSTEE DOHERTY: I make a motion approve the application of Proper-T Permit Services on behalf of Shirley Kram for a fixed open walkway 4' by 30'; hinged ramp 3' by 14'; floating dock 6' by 20'; install two to secure vegetation could grow through, and that would be approximately a 6' by 14' ramp with a 6' by 4' platform at landward end, and to construct a 10' by 12' gazebo 25 feet back from the landward edge of the dock, and a 20' by 20' area for off-street parking all subject to revised plans showing all that. TRUSTEE HOLZAPFEL: Second. TRUSTEE DOHERTY: All in favor? ALL AYES. 15. Eh-Consultants, Inc. on behalf of SUSAN & LOUIS VALENTE requests a Wetland Permit to remove and replace in-place approximately 114 linear feet of existing timber bulkhead with vinyl bulkhead; backfill with approximately 50 cubic yards of clean sand to be trucked in from an upland 79 Site Plan Prepared for Lot # 134 'Cedar Beach Park' Applicant; Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-2'7-06 Amended: 03-11-06 Datum: Low Water ~.~ , ' ~-m~-o~ LO~o Cross Section 1" = 20' Proposed Proposed Dock 4' x 50' 6' wide 3.5' abv. gr. ramp steps to LW Proposed Gazebo Ed 10' x 12' k~flc~nd5 I I edge / . '.'. .... de nec~t:¢d bq P-_ Fox honk / All hord~ore 9olvonized All lumber from apFcov~d Float '-;¥~?~i%~ ......... 1" = 30' N MAR 2 2 PREPARED BY: SEA LEVEL MAPPINGI PO SOX#$3sI RIVERHEAD, NYI 631-722~33901 Site Plan Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water Cross Section 1"= 20' Proposed Proposed Bock 4' x 50' z~ 6' wide 3.5' abv. gr. ramp steps to LW Gazebo ~ I I ~"~-~= .{: ..... All hord~ore galvanized All lumber from approved list Float 1" = 30' N MAR 2 2 2005 PREPARED BY: SEA LEVEL MAPPINGJ PO BOX # 538 RIVERHEAD, NY 631-722-3390 po U Site Plan Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water LO/re '--.' Cross Section 1": 20' Proposed Proposed Dock 4' x 50' 6' wide 3.5' abv. gr. ramp steps to LW Proposed ........~~/ .... All hc~rd~cire 9c~lvc~nized All lumber from c~pproved list; Float 1" = 30' N PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722-3390 BENALI, LLC Southold Town Trustees Main Road, Southold Public Hearing: December 12, 2007 Dear Mr. King and Southold Town Board of Trustees We appreciate the efforts on the part of everyone to try to settle the situation with this dock. I have the DEC approved plan dated November 3, 2006 before the Board and I would respectfully request that you consider the following as you make your decision: 1. We would never have applied for, or built, a dock with a ramp and a float. Because I live so far away it is much too difficult and costly to move the ramp and float seasonally out of the water. We purposely designed a straight dock without a ramp (only 32.5 feet is actually beyond the high water mark) so that there would be NO annual maintenance charges, and no labor charges, to put the ramp and float in and out each season. I have not installed a float and will use the dock for a season before I make a final decision whether I will ever install a float. I have offered, through my attorney, to give up the float if that will resolve this situation. 2. We built the dock to be minimally invasive ecologically. We have light filtering decking (at least 60% of the light is transmitted through the decking) and it is built three (3') feet offthe water so that more light will be transmitted to the wetlands below. 3. A great deal of time and money has been spent already. There will be more DEC costs (and who really knows what the DEC will do when they get a permit change application on this - they have turned us down twice when we asked if it was possible to shorten the dock. Most recently to me and my attorney, in person) as well as more survey costs and more construction costs with no environmental benefit. 4. Some of the trustees have indicated that they thought that the dock was over the "stringline" between the two adjoining properties and their docks. Bob Fox's survey, photos, and the approved DEC permit ALL show that the dock as it exists is NOT over the string line, in fact it is several feet short of the string line (photos and survey attached). 5. Please note that some of the Trustee's have proposed an alternative that would reduce the length of the dock to 40' and allow a 6' x 20' float. If the dock were shortened we would then need a larger float. This alternative would create an additional environmental burden on the wetlands. This would necessitate significant disturbance in the wetlands and increase the surface coverage and shading of the wetlands. Currently the 10' fl of dock that is contemplated for removal has a surface area of 40 square fi. The decking is more than 60% light transmitting and is 3 feet off the water, which means that the effective surface area is less than 16 square feet. The proposal suggested by the Trustees is for the removal of 10 feet of dock and the addition of a 6 x 20 float (120sq feet of float). The float would be impervious to light and represent a SIX TIMES GREATER amount of surface area in the wetlands. This proposal is not the plan we ever wanted, covers much more surface area, and places a GREATER ecological burden on the wetlands. 6. The proposal to reduce the length of the dock to 40' and add a 6' x 20' float would only decrease the overall length by 4'. This proposal is not only disruptive to the wetlands, but punitive on the applicant. For the above reasons we respectfully request that the Trustees carefully consider this matter and recognize that the issues involving the permit were an innocent mistake. A reduction in the length of this dock would only be a punitive measure, costing us more time and money to have the plan reviewed and approved by DEC. Please realize that the situation as it exists today is the least harmful environmentally and meets all of the DEC requirements. Please approve the pending application without modification. Thank you, Steven Kram for Benali, LLC, scan0002[ 1 ].jpg (JPEG Image, 2338x 1700 pixels) file:///C:/Documents%20and%20Settings/Bob. UPSTAIRS_FRONT... I of 2 12/I 1/2007 12:02 PM -PROPOSED PARKING AREA, PERVIOUS GRAVEL 2o. x2o. 120,. · LIMIT OF CLEARING FROPOSED GAZEBO oR ST.?RAGE SHED 7'X 14 OROTHERSIZE-......_j_V I1 - . / I I I I I t -I.O FLOAT 5' X 10' SECURED' OF DOCK AN[ d. PILES· PIPES. ACCESS TO ' 2' WIDE LADDER AI-rACH- ED TO DOCK. ....... ~ % ~TREET ADDRESS OF PROJECT SITE; t275 WEST CEDAR POINT DRIVE SOUTHOLD, NY 11971 HON. SHIRLEY KRAM UNITED STATEs DISTRICT COURT 500 PEARL STREET NEW YORK, NY 10007 SIX STAKES PLACED, NUMBERED'AS SHOWN ..' PROPOSED LAUNCHING RAILS -'" .SPACED 3.5'+ X 2T OVERALL; ~ ~. ·LOCATIONS TYPICAL SHW ~ . -... · ..._. ? Cq ---~ - T_~--- -- -'O.,I -o.q PROPOSED LOW-PROFILE FIXED i'll · -~,'1 DOCK 4' X 50' WITH OPEN GRATE I DECKING AND 6" d. PILES " -2.4- I '4.2 ' -2.41 I --3.O. -:2.4- ~, I -,:2.5, -:2.5 I CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp and floating dock, m~d two-rail small crat~ launching ramp, for private recreational purpose~. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York Itl !1'" "v''a~ ~WETLAND BOUNDARY ' ' BY R. FOX, 1119106 SCALE: 1" = 20' PROJECT PLAN Application regarding file property of Shirley Kram, SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 Jmnes E. Fitzgerald, Jr. 516-734-5800 Revised November 3, 2006 'PROPOSED PARKING AREA, PERVIOUS GRAVEL 20' X 20' 'PROPOSED GAZEBO ,~l ~,. I ' OR STORAGE SHED , ~ / "~ ' 7'X 14' OR OTHER SIZE.~.~_. _",~ I] I LESS THAN 100 sq. ft. . ' .~,,....,-- ~ -LO ' ' \ \ 00 ~ .,-. t . . x- exo · ,.'. ...' ~ OFD.O, CK AND BY TWO 6" d. PILE. ' / /" OR 2 M..E~. ~A,L, PIPES. ACCESS TO ~ FLOAT BY 2 WIDE LADDER A'rrACH- ED TO DOCK ..... STREET ADDRESS OF PROJECT SITE: 1275 WEST CEDAR POINT DRIVE Sou'rHOLD, NY 11971 120, HON. SHIRLEY KR,~,M UNITED STATES DISTRICT COURT 500 PEARL STREET NEW YORK, NY 10007 ~X~* SIX STAKES PLACED, ~.. x NUMBERED'AS SHOWN ,' PROPOSED LAUNCHING RAI[:S " X 27! OVERALL; ~_ ;S-MEMBER LOCATIONS TYPICAL PROPOSED LOWIpROFILE FIXED DOCK 4' X 50' WITH OPEN GRATE DECKING AND 6" d. PILES CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp and floating dock, and two-rail small cratt launching ramp, for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York ' ~ ~WETLAND BOUNDARY BY R. FOX, 1119106 ~,~, ', CD AS PER TERM~ iD CONDITIONS OF.. . ~, . , ERMIT N,O. 1,- ¥'7,$,~'"0 Z~' v,/O~z. )ATE 111131..3~a0(o ~S¢~' SCALE: 1 · = 20' PROJECT PLAN Application regarding tile property of Shirley Kram, SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised November 3, 2006 PROPOSED LOW-PROFIEE FIXED DOCK 4' X 50' WITH OPEN GRATE DECKtNG AND 6" IAMETER PILES LANDWARD END OF LAUNCHING RAILS; RAILS 2X LUMBER ON EDGE SPACED 3.5'+ APART, OR FUNCTIONAL EQUIVALENT SEAWARD END OF LAUNCHING RAILS; 27' LONG OVERALL EDGE OF W~LANDS, BY R. FOX, 1/19/06 SPRIN~ HIGH WATER EDGE OF BANK LADDER 2'-2.5' WIDE ATTACHED TO DOCK FOR ACCESS TO FLOAT FLOAT 5' X 10' SECURED AT END OF DOCK BY TWO 6" d, PILES OR 2" METAL PIPES. HIGH WATER LOW WATER ALL DIMENSIONAL LUMBER, TIMBER AND PILING ARE OF CCA-TREATED WOOD. ALL HARDWARE IS GALVANIZED STEEL. - DIAMETER PILES '± ON CENTER SCALE: 1/8" = 1' is PER TERMS -; L)NDITIONs OF )ATE //?/ CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp and floating dock, and two-rail small craft launching ramp for private recreational purposes. DATUM: MLW IN: West Lake AT: Southoid COUNTY: Suffolk STATE: New York SECTION VIEW Application regarding the property of Shirley Kram, SCTM//1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised November 3, 2006 ..- ['Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: April 4, 2007 TO: Jim King Jill Doherty Peggy Dickerson Dave Bergen Bob Ghosio FROM: Jim Fitzgerald SUBJECT: The Kram Project Please read my comments below, and the attached material, carefully. It's really important to all of us that we resolve the misunderstanding about what exactly were to Board's intentions in "approving the application of Proper-T Permit Services on behalf of Shirley Kram." When you listen to the tape of thc 3/22/06 public hearing, please listen to it from the begin- ning of Jill's presentation of Item #12. You will hear her describe the project with "the 50-foot dock". The proiect as originally submitted had an overall length of 50 feet, consisting of a fixed walkway, a hinged ramp, and a float (Plan A, attached). The revision of the project resulted in a new plan, a copy of which I handed to each of the Trustees present at the site for the 3/15/06 inspection. The new plan had the same overall length as the old plan, but the new configuration eliminated the hinged ramp and float (Plan B). During the open heating, the Board's discussion had to be about the revised project, since it was the only one described in Jill's opening statement. During the discussion, Jill says, "Here are hand-drown new plans in red."(Plan C) Nothing in the Board's discussion during the open hearing had anything to do with the overall length or configuration of the project. The only substantive discussion had to do with the size, configuration, and materials of the launching ramp. Whe/~, on 5/4/06, I submitted final drawings of the plan the Trustees approved, I was told that there existed a discrepancy between the submitted drawings (Plan D) and the description in the minutes. The Trustees -2- April 4, 2007 During the period 5/12/06 to 5/26/06 1 talked to Heather about the discrepancy between the minutes and the drawings submitted. On 5/26/06 Heather called me and reported that the min- utes were incorrect, as noted by the Trustees during review, and that they had been corrected. Please officially correct the minutes of the 3/22/06 public hearing to reflect the Board's inten- tions of approving a permit for the project as described by Jill at the begirming of the open heating. 'Cedar Beach Park' Filed Dec 20, 1927 as Map # 90 SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Datum: Low Water Cross Section 1" = 20' Proposed Proposed Dock 4' x 6' wide 3.5' abv. gr. ProposedGazebo Ed lO'x 12' ~'r~nd~ I I ~e dellneclt:ed I I bUOR. Fox b~nk All cj~lvonlzed All lumber ~om Ramp ~pr~ed I~ t14't Float ....... 1" = 30' N PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RNERHEAD, NY 631-722-3390 Site. Plan Prepared fo;L~t # 134 'Ced~ Beach Park' Applic~t: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water 1" = 30' N Cross Section (~ 1": 20' AIl horc~or'e Proposed cjalv~nized Proposed Dock 4'x 50' All lumL:~-' 3.5' abv. gr. '~rom ol~proved list: ]E wide ramp~ steps to LW Proposed ........ ~~r- - - Gazebo ' . I I ~--~- ..... 1 ' Ed eo~ -' --.. 0'x12 ~n~ I I~ T .' ...... delln_e~_f, ed J J-~- I ~ dia. ~ ~ Pox ~nk J Ot-lq~ UOC Roat 6'x 15' 2_-222222_ ....... '~;C-~'~;: ......... PREPARED B~ SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, 631-722-335 ,~,~te Plan Prepared forLot # 134 'Cedar Beach Park' Applie.,~t: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-2'7-06 Amended: 03-11-06 :)atum: Low Water ~ or.` I Cross Section 1" = 20' Proposed Proposed Dock 4' x 5ff 6' wide 3.5' abv. gr. All oj~lvc~Iz~ci from approved 1"= 30' N PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722-3390 Plan View & Hydrographic Data Prepared for[et # 134 1" = 30' 'Cedar Beach Park' Applir_,~n~: Steven Kram SCT# 1 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 02-27-06, 03-11-06 O4-O4-06, 04-10-06 Datum: Low Water N /'e/re Section 1" -- 20' All har'd~,:~-e Proposed galvanized Proposed Dock 4' x 50' All mc~erlols from /i/ \x ramp e ~ =-~' :C'.--- ~ r~o~ed I I%F /e ~l~:. · '- - ~nk I ~, oc 6. wide 3.5' abv, gr. of)proved lls~: steps to LW Roar Proposed 6' x 15' Gazebo 10'x 12' ' -' ~:xl~,t:. bL-'f.m. b~R. Fox SEA LEVEL MAPPING PO BOX*e 53B RIVERHEAD, NY 631-722-33g0 CHRONOLOGY OF KRAM PROJECT PERMITS Aptil4,2007 On 2/28/06 submitted original application to Trustees with plan dated 2/27/06. On 3/6/06 Steve Kram requested changes in the plan: dock to be 50' long, no ramp, steps to grade at end of float, float parallel to dock on west side, ladder for access to float. On 3/15/06 met Trustees at site, presented new plan dated 3/11/06 with my cover letter dated 3/14/06. This plan shows the dock at 4' x 50'. The Trustees required changes: gazebo to be 25' landward of the end of the dock, show 20' x 20' parking area, show access paths. At 3/22/06 public hearing, presented marked-up copy of 3/11/06 map, with required changes shown in md annotations with my initials and the date 3/22/06. Trustees "approved" the project as shown in the marked-up plan dated 3/22/06, and as read by Jill Doherty at the beginning of the heating, with the condition that the launching ramp platform be one foot above grade and be made of some light-transmitting material, although the original superceded project description was read into the record as part of the motion to approve. (A revised plan dated 4/4/06 was produced but had an error and was discarded.) On 4/20/06, submitted applications to NYSDEC, NYSDOS, USACE based upon the correctly revised plan dated 4/10/06. On 5/4/06 three copies of the plan dated 4/10/06 were forwarded to the Trustees with a request to advise me of the fee for the permit. On 5/12/06 went to Trustees' office to discuss the submitted new drawings with Heather. She said the drawings didn't match the description in the minutes. I looked at the typed minutes which specified a 30-foot dock, as in the superceded plan, instead of the 50-foot dock reviewed at the 3/22/06 heating. I got a copy of the minutes and later reviewed with my notes. The only two items discussed were the height above ground of the platform at the landward end of the launching ramp, and the need to use a light-transmitting material for the ramp's decking. On 5/15/06 1 called the office to get a copy of the minutes coveting the entire hearing on our project, since I was sure there was no discussion concerning reverting to the "old" design. The minutes were not done yet. On 5/18/06 1 spoke to Heather reminding her that I was anxious to see the minutes. On 5/26/06 Heather called me and left a message on my answering machine saying that their previous comments about shortening the dock were "somehow incorrect" as noted by the Trustees in reviewing the minutes, and the only thing we needed to do to get the permit was to include the details of the launching ramp (see above). (Them is present on the Trustees' file copy of the portion of the minutes in which Jill Doherty reads the superceded project description into the motion to approve the application, the notation "50' includes stairs" in what has been described as Heather's handwriting.) On 5/30/06, in response to DEC Notice of Incomplete Application, submitted Project Plan in new format, dated 5/15/06, project same size and configuration as approved by Trustees. On 6/6/06 discussed certain minor changes in launching ramp platform that we would prefer, asked that she discuss it with Jim King. On 6/9/06 Heather called and said Jim King said our proposed change to the launching ramp was OK. I should do plans and submit to get Trustees' permit. I decided to wait since we were actively making more changes per continuing DEC requests. On 7/11/06, in response to further DEC comments, submitted Project Plan, Revised 7/9/06, project same size and configuration as approved by Trustees. On 10/23/06, in response to further DEC comments, submitted Project Plan, Revised 10/19/06, project configuration changed per DEC requirements and design of launching ramp changed. On 11/3/06, in response to further DEC comments, submitted Project Plan, Revised 11/3/06. On 11/25/06, received DEC permit based on Project Plan, Revised 11/3/06. Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 63%734~5800 Fax: 63%734-7463 MEMORANDUM DATE: April 4, 2007 TO: FROM: Jim King Jill Doherty Pegg~ Dickerson Dave Bergen Bob Ghosio Jim Fitzgerald APR - 5 2007 SUBJECT: TheKram Project Please read my comments below, and the attached material, carefully. It's really important to all of us that we resolve the misunderstanding about what exactly were to Board's intentions in "approving the application of Proper-T Permit Services on behalf of Shirley Kram." When you listen to the tape of the 3/22/06 public hearing, please listen to it from the begin- ning of Jill's presentation of Item #12. You will hear her describe the project with "the 50-foot dock". The project as originally submitted had an overall length of 50 feet, consisting of a fixed walkway, a hinged ramp, and a float (Plan A, attached). The revision of the project resulted in a new plan, a copy of which I handed to each of the Trustees present at the site for the 3/15/06 inspection. The new plan had the same overall length as the old plan, but the new configuration eliminated the hinged ramp and float (Plan B). During the open hearing, the Board's discussion had to be about the revised project, since it was the only one described in Jill's opening statement. During the discussion, Jill says, "Here are hand-dram new plans in red."(Plan C) Nothing in the Board's discussion during the open hearing had anything to do with the overall length or configuration of the project. The only substantive discussion had to do with the size, configuration, and materials of the launching ramp. When, on 5/4/06, I submitted final drawings of the plan the Trustees approved, I was told that there existed a discrepancy between the submitted drawings (Plan D) and the description in the minutes. The Trustees -2- April 4, 2007 During the period 5/12/06 to 5/26/06 1 talked to Heather about the discrepancy between the minutes and the drawings submitted. On 5/26/06 Heather called me and reported that the min- utes were incorrect, as noted by the Trustees during review, and that they had been corrected. Please officially correct the minutes of the 3/22/06 public hearing to reflect the Board's inten- tions of approving a permit for the project as described by Jill at the beginning of the open hearing. of Lot 134 'Cedar Beach Park' Filed Dec 20, 1927 as Map # 90 SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-1 Amended: 01-24-06 Amended: 02-27-06 Datum: Low Water o~ Cross Section 1" = 20' Proposed Proposed Dock 4' x 30' 6' wide 3.5' abv. gr, All ha~d~c~e c3olvonlzed All I~mD~r ~rom Ramp opproved list cc 1" = 30' N PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722.3390 Site Plan Prepared fo~L6t # 134 ~,ed~ Beach Park' Applic~t: Steven Kram SCT# 1000-90-1-2 i Situate: Bayview i Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-2406 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water 1' =30' N Cross SeCtion 1u = 20~ All hc~'d~or'e Proposed cjalvcmiz~d Proposed Dock 4' x 50~ All lumber ~ wide 3,5' ~v. gr. ~om ~r~ed mmp~ ~eps to LW Float 6'x 15' H~ 22_-_-2222_ ~ _.~-~_;.~-. ......... PREPARED BY SEA LEVEL MAPPIN6 PO BOX # 538 RIVERHEAD, NY 631-722-3390 Site Plan Prepared for tot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Amended: 03-11-06 Datum: Low Water Cross Section 1" = 20' Proposed Proposed Dock 4' x 50' 6' widI 3.5' abv. gr. ram steps to LW Gazebo Ed 16' x 12' deline~f, ed b~ R. Fox ~" dl~, All hardmare cjalvo~nlzed All I[~oer from approved list; Float 6,x 15' HH 1" = 30' N C PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RIVEP, I-IEAD, NY 631-722-3390 !Plan View & Hydrographic Data Prepared for[et # 134 T, edar ,B~each Park' Applic,~t: Steven Kram SCT~¢~1000.90-1~2 Situate: 8ay~4ew ~ Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 02-27-06, 03-11-06 04-04-06, 04-10-06 Datum: Low Water 1"=30' N toke Section 1' = 20' Proposed All hoz-d~ox-e galvc~nlzed Proposed Dock 4' x 50' All rr~[erlols from /[/ x ~\ 6' wide 3.5' abv. gr. opproved / / steps to LW Proposed Gazebo 10'xlZ ramp e of =-=- -i. .... I~j R. Fox ~nk 01-1~ I1' oc Float ---]'~:;~7-~: ........ SEA LEVEL MAPPING PO BOX/~ 538 RIVERHEAD, NY 631-722-3390 CHRONOLOGY OF KRAM PROJECT PERMITS April4,2007 On 2/28/06 submitted original application to Trustees with plan dated 2/27/06. On 3/6/06 Steve Krarn requested changes in the plan: dock to be 50' long, no ramp, steps to grade at end of float, float parallel to dock on west side, ladder for access to float. On 3/15/06 met Trustees at site, presented new plan dated 3/11/06 with my cover letter dated 3/14/06. This plan shows the dock at 4' x 50'. The Trustees required changes: gazebo to be 25' landward of the end of the dock, show 20' x 20' parking area, show access paths. At 3/22/06 public heating, presented marked-up copy of 3/11/06 map, with required changes shown in red annotations with my initials and the date 3/22/06. Trustees "approved" the project as shown in the marked-up plan dated 3/22/06, and as read by Jill Doherty at the beginning of the heating, with the condition that the launching ramp platform be one foot above grade and be made of some light-transmitting material, although the original superceded project description was read into the record as part of the motion to approve. (A revised plan dated 4/4/06 was produced but had an error and was discarded.) On 4/20/06, submitted applications to NYSDEC, NYSDOS, USACE based upon the correctly revised plan dated 4/I 0/06. On 5/4/06 three copies of the plan dated 4/10/06 were forwarded to the Trustees with a request to advise me of the fee for the permit. On 5/12/06 went to Trustees' office to discuss the submitted new drawings with Heather. She said the drawings didn't match the description in the minutes. I looked at the typed minutes which specified a 30-foot dock, as in the superceded plan, instead of the 50-foot dock reviewed at the 3/22/06 hearing. I got a copy of the minutes and later reviewed with my notes. The only two items discussed were the height above ground of the platform at the landward end of the launching ramp, and the need to use a light-transmitting material for the ramp's decking. On 5/15/06 1 called the office to get a copy of the minutes covering the entire heating on our project, since I was sure there was no discussion concerning reverting to the "old" design. The minutes were not done yet. On 5/18/06 1 spoke to Heather reminding her that I was anxious to see the minutes. On 5/26/06 Heather called me and left a message on my answering machine saying that their previous comments about shortening the dock were "somehow incorrect" as noted by the Trustees in reviewing the minutes, and the only thing we needed to do to get the permit was to include the details of the launching ramp (see above). (There is present on the Trustees' file copy of the portion of the minutes in which Jill Doherty reads the superceded project description into the motion to approve the application, the notation "50' includes stairs" in what has been described as Heather's handwriting.) On 5/30/06, in response to DEC Notice of Incomplete Application, submitted Project Plan in new format, dated 5/15/06, project same size and configuration as approved by Trustees. On 6/6/06 discussed certain minor changes in launching ramp platform that we would prefer, asked that she discuss it with Jim King. On 6/9/06 Heather called and said Jim King said our proposed change to the launching ramp was · OK. I should do plans and submit to get Trustees' permit. I decided to wait since we were actively making more changes per continu'mg DEC requests. On 7/11/06, in response to further DEC commems, submitted Project Plan, Revised 7/9/06, project same size and configuration as approved by Trustees. On 10/23/06, in response to further DEC comments, submitted Project Plan, Revised 10/19/06, project configuration changed per DEC requirements and design of launching ramp changed. On ! 1/3/06, in response to further DEC comments, submitted Project Plan, Revised 11/3/06. On 11/25/06, received DEC permit based on Project Plan, Revised 11/3/06. I Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM TO: Lauren - Trustees FROM: Jim Fitzgerald SUBJECT: Kram; SCTM #1000-90-1-2 DATE: May 4, 2006 Here are 3 copies of the plan the Trustees approved at the 3/22/06 meeting. Please calculate the permit fee and let me know. MAY - 8 2006 i Plan View & Hydrographic Data Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY c~ Surveyed: 01-19-06 Amended: 01-24-06 02-27-06, 03-11-06 04-04-06, 04-10-06 Datum: Low Water MAY 1" = 30' - 8 2006 ' N A~ ~& w+E /'e/re Section 1" = 20' 6' wide 3.5' abv. gr. ramp_ steps to LW Proposed ..................... ~~J.~ ..... ~ Gazebo ? j ~-.~]acT.~ L ..... 10' x 12' Edqe of I I 5 ...... h--- All hord~are Proposed cjalvmlzed Proposed Dock 4' x 50' All m~rlols from ~r~ed I1~ Float ~ exes' ~ -~;[;-'~7 ........ SEA LEVEL MAPPING PO BOX# 538 RIVERHEAD, NY 631-722~ i Plan View & Hydrographic Data Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Be/view Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 02-27-06, 03-11-06 04-04-06, 04-10-06 Datum: Low Water MAY - 8 200~0o 1" = 30' ..'7 ....... '~1 ~ Section 1' = 20' Proposed Gazebo 10'x 12' All hord~ore Proposed galvanized Proposed Dock 4' x 50' All mc~erlois From 6' wide 3.5' abv. gr. opproved list ramp..~ steps to LW ~-:- :.~-- - IN, et:'[ond5 ] I ~do~ I ,,'"' .... Fox ~.k I ~l~s Ol-l~ u o~ Float --;~;;.:--~-, ......... SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, N~ 631-722-3380 ! Plan View & Hydrographic Data Prepared for Lot Cf 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY c~ Surveyed: 01-19-06 Amended: 01-24-06 02-27-06, 03-11-06 04-04-06, 04-10-06 Datum: Low Water F~mp ~ MAY - 8 2006 1" = 3ff N Section 1" = 2(7 Proposed All hc~rd~are qalvonlzed Proposed Dock 4' x 5(7 All r~dcerlals ~=rom 6' wide 3.5' abv. gr. ~oproved 11st; ramp steps to LW Proposed ....................... q~ l' Gazebo j ..... lO'x 12' Ed .... ~.~---- I.~ef. Tc~nd5 I I ~dcm / ,,' ~,"~? I I%R- / ~- ~q ~ fox b~nk / ~, ~ O]-Iq-.O& II oc Float exist:, bt:Lrn. SEA LEVEL MAPPING PO BOX#538 RIVERHEAD, NY 631-722.-3390 i Plan View & Hydrographic Data Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY ~ Surveyed: 01-19-06 Amended: 01-24-06 02-27-06, 03-11-06 04.-04-06, 04-10-06 Datum: Low Water 1" =30' 'T UA¥ - s 2~ , Section 1" = 20' Proposed Proposed Dock 4' x 50' 6' wide 3.5' abv. gr. ramp.._ steps to LW ...................... , J,. Gazebo / I ~ - -1 10'x 12' Ed, qe o~= [ [ /,' .... --'~[-7,~' - - - ~,[Ta',~ I I bd~ / .' ...... cN ~ r-ox b~nk / Y.. ~= Ol-lq--Ob I1' oc Float ~_x_~5_,___ ~ --~;<~;;,7--~'.' ........ SEA LEVEL MAPPING PO BOX# 538 RIVERHEAD, NY 631-722-3390 Proper-T Permit Services POST OFFICE BOX 6~ 7, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 May 4, 200 By Federal Express Charles Hamilton, Natural Resources Supervisor Office of Natural Resources NYS Department of Environmental Conservation SUNY Campus, Building 40 Stony Brook, New York 11790-2356 Re: 1-4738-02842/00002; Shirley Kram, SCTM #1000-90-1-2 Dear Mr. Hamilton: I have become aware that the drawings (both "Revised 5/2/07") provided with my 5/3/07 letter to you both indicate, erroneously, that the change in the proposed length of the dock was "required by the Southold Trustees", when in fact the change was requested by the Southold Trustees . The drawings ha~e been revised to reflect the correction of this error, and four copies of each are enclosed. These should replace the earlier-dated versions previously supplied. Enclosures: Project Plan, Revised 5/3/07 (4 copies) Section View, Revised 5/3/07 (4 copies) cc: ~outhold Trustees Steven Kram a subsidiary of THE PECONIC EASTERN CORPORATION 'PROPOSED PARKING AREA, PERVIOUS GRAVEL ~ '. 2o, x2o,120,, TO BE RE.OVED AND RE- "' ~[ .... i ' ' PLACED WITH BLUESTONE .... - ~ LIMITOECLEARING I ' ~' ~ '" 'H ~1 ' ' ?' " GRAVEL ~' ,. O . SHIRLEY KRAM PROPOSED G~EBO ~ [ ~ i ' -- :' UNITED STAT~S DISTRICT COURT ] -' OR STORAGE SHED ~ / ~ ' : 500 PEARL STREET / . 7'X 14 OR OTHER SIZE% IV I1 ~ [ NEW~ORK, NYI0007 · LESS THAN 100 sq. ff. -~X I~ I '- -- % PROPOSEO'~UNCHINO - ' F~ O_ t / ' ~. ~[~ ~ ~ ~CROSS-MEMBER LOCATIONS m , ," '~ ~.~ ~ ~ ~ ~ ~PICAL I ' · &~ ~ ' ~ ~ . ~ ~ETLAND BOUNDARY ~ ~DO/k~FOX, 1/19/06 '1.0 . · . -. ' ~ PROPOSED LOW-PROFILE FIXED ~ DOCK 4' X 40' W~H OPEN GRATE L . . t -~ ~ ~ ~,~ DECKINGAND 6 d. PILES, AS RE- ~ ~ : ~ ~ ~ QUESTED BY SOUTHOLD TRUSTEES , . ~-~ . ~..~ ;. . . -~(~¢..., ',.. ~ .....-~= .._~. -=.4 .=.~ . . ,:%k~ ,~o*T~.x~o,~c~.,.~o,,./ ~ ~¢' .-=.4 , ~ ~ OF D~CK AND BY ~O 6" d. PILES ~ OR 2 M~A~ PIPES. ACCESS TO ~ FLOAT BY 2 WIDE LADDER A~ACH- ~ ED TO DOCK. ., -~,5. -2.5' ' SCALE: 1" = 20' STREET ADDRESS OF PROJECT SITE; 1275 WEST CEDAR POINT DRIVE '. SOUTHOLD, NY 11971 CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway and floating dock, and two-rail small crafl launching ramp, for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York EXISTING SURFACE MATERIAL PROJECT PLAN Application regardh}g fl~e property of Shirley Kram, SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised May 3, 2007 PROPOSED LOW-PROFILE FIXED DOCK 4' X 40' WITH OPEN GRATE DECKING AND 6" d. PILES, AS RE- QUESTED BY SOUTHOLD TRUSTEES LANDWARD END OF LAUNCHING RAILS; RAILS 2X LUMBER ON EDGE SPACED 3.5'+ APART, OR FUNCTIONAL EQUIVALENT SEAWARD END OF LAUNCHING RAILS; 27' LONG OVERALL WIDE ATTACHED TO DOCK FOR ACCESS TO FLOAT SECURED AT END OF DOCK BY TWO 6" d, PILES OR 2" METAL PIPES. EDGE OF WETLANDS, BY R. FOX, 1119/06 HIGH WATER -- "-- L~'W~A'TER HIGH WATER EDGEOFBANK ' ALL DIMENSIONAL LUMBER, TIMBER AND PILING ARE OF CCA-TREATED WOOD. ALL HARDWARE IS GALVANIZED STEEL. · 6' DIAMETER PILES 11'+ ON CENTER SCALE:l/8"=1' CORPS OF ENGINEERS DATA PURPOSE: Construct fixed opeo walkway and floating dock, and two-rail small craft launching ramp for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York SECTION VIEW Application regarding the property of Shirley Kram, SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised May 3, 2007 Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 11/26/07 TO: FROM: SUBJECT: Dave Bergen - Trustees Bob Ghosio - Trustees Jim Fitzgerald Kram/Benali - SCTM #1000-90-1-2 Steve Kram asked that I provide you each with two copies of the Project Plan (Revised 11/3/06) approved by the DEC. One copy has a "slringline" added in red. Also, there is a photo Steve took, on which he's drawn the magical stringline. cc: Jill Doherty (photo only) Steve Kram NOV 2 6 2007 'PROPOSED PARKING AREA, PERVIOUS GRAVEL 2o, x2o, 120'. .~, · LIMIT OF CLEARING [ :' HON. SHIRLEY KRAM -' '~ROPOSED_ _. GAZEBO ~ I ~N,.. i :' UNITED STATEs DISTRICT COURT {:. OR ST,O, RAGE SHED {~ /I/' "~'~ 500 PEARL STREET " 7'X 14 OR OTHER $1ZE....~ LV I[ I NEWYORK, NYI0007 · ' LESS T,A" 400 s,. ". --F/\l/ I * ~ I ~ ~ PROPOSED~UNCHING RAILS / % I / ]ED 3.5'~ X 2T OVE~LL; .. ' / · N ~BER LOCATIONS ~ ~ c~ ~PICAL ;~ , H~~-.. '-~ '~ ~ ~':: ~ v ~ ~O,~ -o.q · ,. .,.,,, ~ ~ -I.O ~ PROPOSED LOW-PROFILE FIXED ; ~ ' DOCK 4' X 50' WITH OPEN GRATE . / --~ ~ ' ~.1 DECKING AND 6" d. PILES ~.. ~.~ .. FLOAT 5' X 10' S .~.O. -~,~ ~ OF d. PILES' .~.~ PIPES. ACCESS TO BY 2' WIDE ~DDER A~ACH- .~. _~ ED TO DOCK. z--' ~.O ~ .... ~OSE: Co~s~uct fixed ope~ wa~way, hQ]~ed ' *~p ~d QoatQ]~ dock, and two-rail small S~E~ ADDRESS OF PROJECT SITE; ]mmch~ ~mp, for private recreational purposes. 1275 WES~ ~EDAR POINT DRIVE ~ATUM: ~W SOU~HOLD, NY 11971 ~: West Lake AT: Southold ~ ............ 7 ................... COUNTY: Suffo~ STATE: New York LU -~'~-WETLAND BOUNDARY BY R. FOX, 1119/06 SCALE: 1" = 20' PROJECT PLAN Application regarding the property of Shirley Kram, SCTM #1000-90-1-2 Represeated by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, .Ir. 516-734-5800 Revised November 3, 2006 · PROPOSED PARKING AREA, PERVIOUS GRAVEL 20.×20. 120,. ~;ROPOSED OR ST,O, RAGE SHED 7'X 14 OR OTHER S:IZE'~.__ LESS THAN 100 sq. ff. , .' / ! HoN. SHIRLE'( KRAM UNITED STATES DISTRICT COURT §00 PEARL STREET NEW YORK, NY 10007 · .· --l/~'~· .. ·. ~X' SIX sTAKES PLACED, ' . \~.- ~ NUMBERED'AS sNOwN _sP,CED 3.,, x 27 OVEr,L; ~/C,OSS-U~U.E, LOC*~IO,S /~PICAL ~ . -. ..... . ..... ~--.., .-~-'-~ / _~, '~ ~J I -4;Z .. -~.5' -2.4 I -2,'11 I .--~.O. -2.& ~ I I I -.2.5. -2.5 j SCALE:I"=20' CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hh~ged romp and floating dock, and two-mil small craft launclfing ramp, for private recreational purpose~. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York PROJECT PLAN Application regarding fl~e property of Shffley Kram, SCTM #1000-90-1~2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, ~r. 516-734~5800 Revised November 3, 2006 ~ \ 7' .--"~.,..' ' ' ~ ' ..'' ', -I.O ' \\ ." . ~. \ \ ..o, ~ x x o° ~'-4.¢, .' ~.~o · .... ,.. -4n ... · ~'X'X,~ ~OA~ ~'x ~0 ~cu~o ~o ~N~ ~ ~ OFD2CKAN~aY~Oe" d.P~LES ' ' / ~ OR 2 MET~ PIPES. ACCESS TO . ~ FLOAT BY 2 WIDE ~DDER A~ACH- ~ EDTODOCK ..... . .. ....... t STRE~ ADDRESS OF PROJECT SITE; 9 1275WEST CEDAR POINT DRIVE -' SO,OLD NY 11971 DECKING AND 6" d. PILES Proper-T Permit Services POST OFF/CE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 May 3, 200 By Federal Express Charles Hamilton, Natural Resources Supervisor Office of Natural Resources NYS Departxnent of Environmental Conservation SUNY Campus, Building 40 Stony Brook, New York 11790-2356 Re: 1-4738-02842/00002; Shirley Kram, SCTM #1000-90-1-2 ......... Dear Mr. Hamilton: Enclosed are revised drawings for this project, which NYSDEC has previously approved under the referenced file number above, prepared in consultation with Jill Doherty, Vice-President of the Southold Trustees, with the intent of resolving certain issues concerning the size of the dock. The revised plan reduces the overall length of the fixed dock, as approved by NYSDEC, by 10 feet. This revision is requested by the Southold Trustees in order to resolve their concerns about the length of the dock. We ask that the NYSDEC permit be amended to reflect this change. Note also that a notation has been added to the project plan indicating that the now-existing sur- face material placed in the parking area will be carefully and completely removed and replaced with bluestone gravel. ~ If you have any questions or comments, please call me. ~ne~fely, ~ r. Enclosures: Project Plan, Revised 5/2/07 (4 copies) Section View, Revised 5/2/07 (4 copies) cc: ~~[outhold Trustees Steven Kram a subsidiary of THE PECONIC EASTERN CORPORATION ~PROPOSED PARKING AREA, PERVIOUS GRAVEL 20' x 2o' - 1 LIMIT OF' CLEARING i ~' . HOWl. SHIRLEY KR~,M PROPOSED GAZEBO . ~ I k~ I . f t~.. UNITED STATICS DISTRICT COURT " ~:' OR ST.O, RAGE SHED ~ / '~ ' ~ 600 PEARL STREET 7'X 14 OR OTHER SIZE..~ lVI1 i / NEW'~ORK, NY10007 uJ · LESS THAN 100 sq. ft. - ~'~'\ 1, I .~,~ ~ ~-- __ -~ · SIX STAKEs PLACED, · · "' '" ¢._. ~-~.UM.E.~D'Ass.Ow.. ' · ..~. ~' ~- % ,' \ ~ ! _ .' '* \ PRopOsED-LAUNCHING RAIL'S ' / ~ ' ',SPACED 3.5'~ X 27' OVE~LL; SHW ' ~X, - '- O I ~ I ~.._.-_ .~ ~ '~, ~ ~ ' DOCK 4' X 40' WITH OPEN G~TE QUIRED BY SOUTHOLD TRUSTEES I x x oo~' ·:~:~ ~ / -4: · ' "~?" -2'4 ' " ..k~- ~:~ . ~ . · ' ,~ ~X .~xo . .....~.. ~.~ .,.. ; , -24 · ~,0. ' -~ ~ I ~ ~ OFO~CKA~UY~O~" d.P~LES ~ ' . , ' / ~ OR 2 ME~ PIPES. ABBESS TO . I · ~ FLOAT BY 2 WIDE LADDER A~AOH- ~ ED TO DOBK. .~.~. _~ I STREET ADDRESS OF PROJECT SITE; 1275 WEST CEDAR POINT DRIVE SCUll'HOLD, NY 11971 CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway and floating dock, and two-rail small craft launching ramp, for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York EXISTING SURFACE MATERIAL TO BE REMOVED AND RE- PLACED WITH BLUESTONE, --'-WETLAND BOUNDARY BY R. FOX, t119100 SCALE: 1" = 20' PROJECT PLAN Application regarding the property of Shirley Kram, SCTM # 1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised May 2, 2007 PROPOSED LOW-PROFILE FIXED DOCK 4' X 40' WITH OPEN GRATE DECKING AND 6" d. PILES, AS RE- QUIRED BY SOUTHOLD TRUSTEES LANDWARD END OF LAUNCHING RAILS;' RAILS 2X LUMBER ON EDGE SPACED 3.5'+ APART, OR FUNCTIONAL EQUIVALENT SEAWARD END OF LAUNCHING RAILS; 27' LONG OVERALL EDGE OF WETLANDS, BY R. FOX, 1/19/06 SPRIN(~ HIGH WATER EDGE OF BANK 5' WIDE ATTACHED TO DOCK FOR ACCESS TO FLOAT X 10' SECURED AT END OF DOCK BY TWO 6" d, PILES OR 2" METAL PIPES. HIGH WATER LOW WATER ALL DIMENSIONAL LUMBER, TIMBER AND PILING ARE OF CCA-TREATED WOOD. ALL HARDWARE IS GALVANIZED STEEL. · 6" DIAMETER PILES 11'+ ON CENTER SCALE:l/8"=1' CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway and floating dock, and two-rail small craft launching ramp for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York SECTION VIEW Application regarding the property of Shirley Krmn, SCTM # 1000~90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised May 2, 2007 New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brool(, New York 11790-2356 Phone: (631) 444-0365 FAX: (631) 444-0360 Crony Commissioner NOTICE OF PERMIT DENIAL January 4, 2002 Ma-. Frank Campanelli 31 Pond Path Lake Grove, NY 11755 APR - 3 2007 Re: 1 4738-02841/00001 1275 Cedar Point Drive West SCTM#1000-090-01-02 Southold, New York 11971 Dear Ma-. Campanelli: We have carefully reviewed your application to construct a single family dwelling, deck, garage, driveway and sanitary system in the 'adjacent area of a tidal wetland. It has been determined that your application fails to meet the applicable standards for permit issuance aa coutained iu the Tidal Wetland Land Use Regulations, 6NYCRR Part 661. Section 66 iL.9(C)(2) requites that regulated activities must comply with the development restrictions of section 661.6, and section 661.9(c)(3) requires that regulated activities must not have an uudue adverse impact on the present or potential value of any adjacent or nearby tidal wetland. This project does not comply with development restrictions 661.6(a)(1) or 661.6(a)(2) which respectively require that the minimum setback for ail principal buildings in excess of 100 square feet be 75 feet from the tidal wetland boundary and the minimum setback for any on-site septic system be located 100 feet from the tidal wetland boundary. The proposed setbacks for the dwelling and deck are 10,7 feet and 3 feet instead of the required 75 feet, Additionally, the setback for the inoposed septic system is shown at 25 feet and does not meet the required minimum setback of 100 feet, The proposed lot development does not meet the standards for permit issuance described in section 661.9(c)(1) and 661.9(c)(3) since it is not compatible with the public health and welfare and it will result in an undue adverse impact to thc present and potential value of the tidal wetlands. High ground water influenced by tides at the site will ultimately result in the failure of the septic system thereby leaching numentz and pathogens from the system's effluent into tidal wetlands and surface waters. The proposed 25 foot setback of the septic system from the tidal wetland boundary is no~ sufficient to prevent leaching of these chemicals into tidal water~. The introduction of these materials in~o West Bay would constitute an undue adver~ impact to the ~.~omv~, In fact, this lot would not suppmt a septic system in any location. Residences can also negatively impact wetlands by increasing storm w~. ~t~? nmoff into the wetlands. The 75 foot setback is int~aded to provide a buffer to the wetland. Con, traction of impervious slructu~s (dwellings and decks) and commotion acliviti~s within the buffer zone decrease its effectivane~s to act aa a buffer by allowing nmoff of nmrients, pathog~ls and potentially toxic materials into surface waters, Additiomflly, encroachment of stnwtun~ into tbe buffer area will decrease its use as a habitat for wildlife. Oiwn that this undc~ized lot cannot support a prim~ residence and a sanitary system which meets the standards of 6NYCRR Part 661. the pemflt is hereby de~L~l. a shed, storage b~, gravel psrldng area or any other type of small structure which will not u~llze a sani~) systeni~mC~xlulre extensive amounts of fill. This permit denial is made without prejudice and is based upon the curo~t conditions on site. Ple~e be advised tbat Uniform Procadums 6NYCRR Section 621,'/(0 provides that an applicant may request a public hearing if the permit is denied or contains conditions that are unacceptable to them. Any such request must be made within thirty (BO) oalend~ days of tbe date of the mailing of this notice of permit denial and should be addressed to the Regional Permit Adm~nistm~ st tbe above address. You will be responsible for all costa ~sociated with the hearing and will have the burden of establishing that the applicable stand.ds of Section ~61.9 can be met, If no re~pon~ ia received with 30 days, the denial will be final and a new application will be required for any future project at this location. Sincerely, John Wieland Permit Administrator P~e2. :$0 L00~/~0/~0 The applicant has requested a variance from setback development restrictions to g~a~,cMv~way, s~tic system 25 feat fi'om th~ tld~J wetland bou~d~r)', a 4' x 27' r~'ttp and a 6' x 20' floaI. The property ia located at 1275 Cedar Point Drive West, SCTM#1000-090-01-02, Southold, Suffolk Colml3~ on West Lake. 1-4738-02841/00001, KRAM PROPERTY TO'd £~:ST ZOOE O~ adb Page I of ~O'd OS:SI LOOg Pnnted: ,~4~1~?Z007 3:43pm Legally Reapor~lble InfermatloA Primary Publio ID Name Begin Date End D~e LRP ~pe Program klantiflar~ AKA Nam(~ Nam.- Type Begin Date EnO Oats Reference Points N'YTME NYTMN Latitude Longitude Source ~¢1' el' ~.a:'1 ri' 24' 08.0": IUtili:Mio. of Ol$- Fa~ilgy Mal:~ing ~lyll~am CoMact Name ~, .. ' . . ~_:,:_.~. ' PROPER-T PERMIT SERVICES PERdSON~WALTER Begin We End Date Olasslfl~afiofl DEG ID End Date .......... Page 1 of 1 Page I o! 1 ,:.~t+~ 0,'[. ,,~d.~ 09£OFI:'IzT~::9: ;,'e~ $:.LI, "~a ,"i0~I¢'~':3 '3~"[~,I,, Faailltg O~Mil - 1473802841 - KRAM PROPERTy D.,D Printed: 04/ld/'2007 3:43~m Prlmal~ Publl~ I0 Name ~egin Date EncJ Data LRP Type Program klantlfle~ AKA Nem~ Type I~egin Date End DMe Reference Points NYTME NYi'MN Fadlltv Prlneleal Reference Pg[~ __ Latitude ,L~ngitude Source 141' 01' ~6.6" ~g' U' 08,0"[ ~Utlll~atlen dOl$ -Faaility Mapping System Co~kct Type ~tsct Name Begin Date , End Date ~ ~'-~"~ PROPER~T PERMIT ~IF. RVfGEB PERSSONq~VALTER SIC Codes Cla~4~lfi~atlen DEC ID Flie,tor7 DEC ID End Data ~, -~,, ' I ....... Appli~ti~a A,o~ic~ti0n ID Final t ,.4738,.02;14t/0000t 'lqN t473a-02~41/00002 TW 04/201200~ Isaued 1t/~171:'00~ 1 t130/20tl KAREN $ WESTERLIND Page I of I Line Description ~'"~ '~all'nlmp & fle~t, a laur~ohirl§ r~r~p, gam~she~. & parkln~",'~;,~ Prln~ed: 04~ O~O0?, 60'~J ~t;':~T ZO0,~' OT .ldd 09~.OPPt~T£9:xe= SLIN~3<t HO~I~3 23dS2,N 1,-4738-02841/00002, KRAM PROPERTY H.$, NO. ,. .;I ~T~M~'N~' OF INTENT TOWN OFSOUTHOLD BOARD OF'SOUTHOLD TOWN TRUSTEES SOUTHOL~NEW YORK ' -- This Wetlands P : ' 234 On file in the Trustee Office ,,under the application Permit granted to dc and to fill Location of p~rop~rW Drive West, Southold. Creek, Bay or Harbor front;rig property ...... .W.?..s..t....L..a..k..e. .................................................................... Size of work: Length .......4..0..'. ......... %1]ii.~ ................................................................................... i .... - Width 30 ~ Height Above High Water ........... ~[/,~ ...................................................................... :... " N/A Depth Below Low Water ................................................................................................. Yards to "N/A Yards to ~e Filled '' ~'.A.l~.~.roximately 200 cu. vds intended use of property Pri'~)~te"'resideF~tial Conditions if any ...i..~.~.-...-..-...-././ ..... Expiratio, Date September 25, 1986 if work has not comme~..g..9~ b~..~k~ .... Number of Inspections Required 2- Trustees: are to be notified .q~.Q~' of the work. Inspection Fees SS. 00 Liability Policies in the Amount of ..................... The validity of this permit is or may be subject to the approval of other governmental or rnunJcipal authorities. The Town accepts no responsibility in applying for or oDtainJng SL~ch approval In the event that such approval [$ necessary; [ne holder of this pen-nit shall not commence operations here- under unt[I,~ch approval has been obtained in writing. The failure to obtain such other approval whel~ required shall'subject this permit to immediate revocation by t~e Trustees upon receipt by the Trustees- of written notice from such other governrnenta[ or mumcipal authorities of its refusal or Board of Trustees ~ 36 .... ~March 22, 2000 TRUSTEE TRUSTEE on your TRUSTEE KRUPSKI: Sure. FOSTER: In other words that anything that has to be property. Will be replaced. KRUPSKI: Should be restored. removed TRUSTEE FOSTER: That is not unreasonable. TRUSTEE KRUPSKI: Any other comment?Do I have a motion to close the hearing. TRUSTEE SMITH: I will make a motion to close the hearing. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ~T,T. AYES TRUSTEE KRUPSKI: I will make a motion to Approve the plans. The newly submitted plans. The condition that the neighbors property stone rip abutment that if anything is disturbed that it be restored to its preseRt state. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 22. Walter Perrson on behalf of FRA~KCA~4PA~:..LI requests a Wetland Permit to construct a one family dwelling, septic system~ deck, a 4'x 27'5" ramp and a 6' x 20' float. Located 1275 Cedar Point Drive West, Southold. TRUSTEE KRUPSKI: Any one here like to speak in favor of the application. WALTER PERRSON: I am representing Mr. Campanelli. TRUSTEE KRUPSKI: Artie and Henry did you take a look at this? This is right next to Mr. DeFeis which was the previous one. TRUSTEE FOSTER: No we did not. TRUSTEE SMITH: Do you have DEC approval? Do you have Board of Health approval. WALTER PERRSON: No. TRUSTEE KRUPSKI: It is about 24 feet to the wetlands of the septic system. One of our big concerns is the septic system. That is one of our big concerns. WALTER PERRSON: Mr. Campanelli bought this property in 1967. At that time there was a building permit issued on it. He had expediation of building eventually. (cannot understand) Things would come up say that he could not build on it. There were other concerns of DEC or health department. That would be a different matter. TRUSTEE FOSTER: Well in 1967 he would not have had any trouble building on it. But things have changed so now. You will never that through the health department. WALTER PERRSON: I did speak to the health department and they said it was part of the septic system. TRUSTEE FOSTER: Well you know I should not say that. You may get it through there. If you put a concrete retaining wall all around it. TRUSTEE KRUPSKI: I have seen the high ones. That are further away. TRUSTEE FOSTER: But they will I am sure you will have to put a concrete retaining wall completely around that septic system. Definitely.. TRUSTEE KRUPSKI: See what I do not understand there? How can you encapsule the sewage and then what. You are going to have finite area of capacity. It has to leak out some where. Board of Trustees ~' 37 ..... ~arch 22, 2000 TRUSTEE FOSTER: Well it goes vertically. You have to dig down through whatever soil that is there. Until you hit good sand which may or may not. You may not have a problem with that. Into the water table. Then you have to back fill with good clean sand and gravel. WALTER PERRSON: Is the cesspool on that? TRUSTEE FOSTER: No it shows it as a septic tank and five pool system. A regular standard health department approved system. WALTER PERRSON: There was a cesspool there TRUSTEE FOSTER: Three foot brown lomie sand. So you have to dig down 5-1/2 feet to the course sand. Then back fill with good clean material. I know they are going to make you put in a retaining wall TRUSTEE KRUPSKI: I do not see where it is from that distance. I have seen them deny ones further. What is the depth of water there? TRUSTEE FOSTER: Out.where they did the test hole. It shows 5.7 you need 3 foot above water to the bottom of the pools. There 2 foot and 3 foot, so you do not have the depth. So they would have to be above the surface. WALTER PERR$ON: Scale them out from the high water mark to the back of the property line. How many feet that is? TRUSTEE SMITH:: They show 66 feet on one side, but that is below low water. TRUSTEE FOSTER: From the high water you mean. TRUSTEE SMITH: From the high water mark. TRUSTEE FOSTER: Actual high water line, about 52 feet. TRUSTEE SMITH: The jurisdiction was 75. TRUSTEE FOSTER: The other side is even less. TRUSTEE POLIWODA: Our policy should be one that allows the septic tank within our Jurisdiction. TRUSTEE KRUPSKI: We do not. Well we start with our standard 50 foot buffer-high water. See you are really constrained there. TRUSTEE FOSTER: The septic tank is a sealed unit. It is not a le~ching unit. It is a solid containment tank. Just like the one at your house. TRUSTEE KRUPSKI: What about the leaching pools? TRUSTEE FOSTER: Well the leaching pools are leaching pools. They leach 99% of that goes down. Very little goes to the side. You can talk to the health department about it. But I know Just my experience with doing this. I have been a septic system installer for thirty years. I deal with these people daily. I do not see any other way without a retaining wall. But they feel if you retain the sewage from leaching side ways and let it go down. Where 99% of it goes any way. It is traveling through three feet of clean sand and gravel which their criteria calls for. TRUSTEE KRUPSKI: How far would they require it to go down. TRUSTEE FOSTER: Well you have to dig into good clean sand. The test hole shows it is 3 foot. From ground elevation zero. You have a foot of dark sandy loam - three foot of brown loam sand or at three feet brown loam sand. That would all have to come out of there and you will have to fill it with course sand and gravel so that you would have a continual pervious layer of material. The bottom of leaching pools would have to be set a minimal of three feet above the static water table. So depending now the pools are two foot high. Board of Trustees "~ 38 ..... JMarch 22, 2000 Three foot above water, that is five feet. So then you have another concrete cover (tape change) So you are going to be sticking quite a ways above grade. So the chances are you will have to put in a retaining wall in. WALTER PERRSON: Will we get health department approval. TRUSTEE FOSTER: Well I do not know. I have talked to the people in the health department. Many many times about jobs like this. From a Trustee level. They really want to know what our disposition is before they act on an application. We work with them. If they would do it? I do not know what WALTER PERRSON: What are the set back rules. TRUSTEE FOSTER: What does it say - what is our policy. If it is not going to fly through here. It is not going to fly there either. So if you want to say well if the health department approves it. We'll approve it but then it is not going by our criteria either. TRUSTEE KRUPSKI: No i do not want to marry that- that's for sure. TRUSTEE EOSTER: Their criteria includes retaining walls you have to met their rules and regulations. But in their rules and regulations is a concrete retaining wall. So if this particular job meets their criteria. TRUSTEE KRUPSKI: So we are going to have to precede with this in some fashion now. MERLON WIGGIN: Can I speak for Mr. DeFeis. TRUSTEE KRUPSKI: Sure. MERLON WIGGIN: He had a copy of this application. His concern was, I think the application shows that his house has public water. He has a private well next to his driveway which he is still using. He says maybe sometime in the future he might get public water. But he has no immediate plan to do that. He was concerned whether this meets a criteria of the health department distance, even though.it is not a Trustee concern. Because it is less than 150 feet. Then it shows that the DeFets has public water. TRUSTEE KRUPSKI: It said that. Yes. TRUSTEE FOSTER: Well you will have to go to board of review. If the neighbor objected he would not get it. The health department probably would grant this application for the septic system. But you would have to do what they tell you to do to get it. Regardless of the cost. That is fine. But if it does not fly through here. It is not going to fly there either. TRUSTEE KRUPSKI: I think the only way to precede is to have you contact the health department. We will write them a letter also telling them of our concerns. TRUSTEE FOSTER: See I would call them and ask them, but they do not have any papers you have not applied to them. WALTER PERRSON: No TRUSTEE FOSTER: So my suggestion would be to apply to the health department. TRUSTEE KRUPSKI: Let them precede first. TRUSTEE FOSTER: They will call us on it. I know they will call us on it. One of the fellows will probably call me on it, as in the past. Then we have something to talk about. But without him having the paper work or surveys or anything to look at. WALTER PERRSON: I did not apply to them because I believed they would wait until you. Board of Trustees 39 ...... ~arch 22, 2000 TRUSTEE KRUPSKI: Normally yes we do not see something like this. This is problematic. I have to be honest. There is no light at the end of the tunnel here. There is no guarantee of permit on this property. TRUSTEE SMITH: We had something like this before. Al. and we wound up using incendiary type toilets. TRUSTEE KRUPBKI: What is the minimize size house? You can build in Southold town. TRUSTEE FOSTER: 850 bottom floor. TRUSTEE KRUPSKI: 850 - ! think that you would have to explore something at a minimun size house also. WALTER PERRSON: The basic house the living area is 833 feet. We added on because we had to put the mechanicals. So we put the mechanicals between the house and the garage. So that we could get the heating plant in and the washer and dryer. Because we know that we will not be able to put mechanicals below the eight feet above water. TRUSTEE FOSTER: Put in the elevator then you will go up a little bit. W~LTER PERRSON: I am sure that we can relocate that. Cut it down to whatever the minimum on the first floor. TRUSTEE FOSTER: Well that is the building department. TRUSTEE KRUPSKI: No but the small of the foot print the less impact. TRUSTEE FOSTER: But the building department has the 850 sq. ft. in the building code. TRUSTEE POLIWODA: A1 would approve this? Where would your buffer be? TRUSTEE KRUPSKI: The hay bales. That is what it looks like here. So I will make a motion to table the application until we hear from the health department and see how the applicant makes out with that route. Do I have a second. TRUSTEE FOSTER: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES 23. Joseph Edgar on behalf of ALAN CARDINALE requests a Wetland Permit to dredge an area approx. 30' x 100' to a max. depth of 4' below ALW, and to change the method of dredging from mechanical crane and bucket to portable hydraulic dredge and to relocate spoil from previous site. Located: 1134 Bridge Lane, Cutchogue. TRUSTEE KRUPSKI: Is any one here like to speak in favor of or against the application. Cardinale everybody happy with this. BOARD MEMBERS: Yes TRUSTEE KRUPSKI: Do I have a motion to close the hearing. TRUSTEE SMITH: Second. TRUSTEE KRUPSKI: Is there a second. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: Someone make a motion. TRUSTEE SMITH: Make a motion that we approve ALAN CARDIN~ requests a Wetland Permit to dredge an area approx. 30' x 100' to a max. depth of 4' below ALW, and to change the method of dredging from mechanical crane and bucket to portable hydraulic dredge and to relocate spoil from previous site. What the hell is the previous site? Albert J. Krupsld, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18,72 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~Wetland Permit Application Grandfather Permit Application 'Waiver/.A~.en.d~.ent/Changes ~Rec-~.lved Appllcat&on:~-~- 0 0 '~-Rece~ved ~_Completed Applicatlon_~_~_ Incomple~te SEQRA Classification: Type I__.Type II Unlisted Coordination:(date ~CAC Referral Se~t:~~__ Date of Inspectlon~_~- o 0 Receipt of CAC Report: Lead Agency Determination:__ Technical Review: ~Public Hearing Held: Resolution: Name of Applicant ~:~ ~4 ~ Address I IQ~ Phone Suffolk County Tax Map Number: Property Location: ~/~co ~£'~/05' (provide LILCO ~ol~ (If applicable) Address: 1000 - distance to cross streets, o9o- ol ?C,,,o'T /-/"7T/-.~: P~-~o~u,e gAY (..A~ and location) Phone: FAX#: ~d of Trustees Applicatio~ GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): B~of Trustees Application Purpose W~i'LAND/TRUSTEE LANDS APPLICATION DATA Of the proposed operations: ~ , ~ .~ Area of Percent Closest edge of Closest edge of Does the project No wetlands on lot: ~ ~ square feet coverage of lot: ~-6 % distance between nearest existing structure and upland wetlands: ~.~- feet (~o~5-~ ~ ~ ;~d~ distance between nearest proposed structure and upland wetlands: /5~ feet involve excavation or filling? ~ Yes I~ yes, how much material will be excavated? ~O cubic yards How much material will be filled? ~e3,~3 cubic yards Depth of which material will be removed or deposited: "~ ~d~$~0 feet Proposed slope throughout the area of operations: ~U/~-~,~o Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters o~ the town that may result by reason of such proposed operations (use attachments if appropriate): PROJECT 1.0. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be com01eted by Anplicant or Projec: SPOnSOr) SEQ 1. APPLICANT ~SPONSQR 3. PROJECT LOCATION: 5. IS PROFOEED ACTION: ¢~New [] Expansion [] MoClification~alteralion 6, DEECRISE PROJECT BRIEFLY: 7, AMOUNT OF ~ND AFFECTED; WILL PROPOSED ACTION COMPLY WITH ~(IS;INO ~.ONING OR CTHER ~'(ISTING L~-,ND USE ~ESTRICTIONe? ~ Yes ~ NO Jf NO. ~4e$cnbe briefly ~'H~ ~es,denl~al [],!naus[r,al I--: C,;mmerc~al DOES ACTION INVOLVE A Pc-RMIT APPROVAL OR FUNOIr4G, NOW OR ULTIMATEL." FROM ANY OTHER GOVERNMENTAL AGENCY ~FEDERAL, STATE OR LOCAL)? DOES ANY ASP¢CT OF THE. ACTIOI,t HAVE A CURRENTLY VALID PERMIT OR APPROVAL? If the action is in the Coastal Area. and you are a state ac. ency, complete the Coastal Assessmen'. Form before proceeding witrt this as~',essment OVER ! ~ART III--DETERMINATICN OF SiGNIFiCANCE ~To =e comoletec~ ~.v Ac~ency) INSTRUC .T]ON$: For eac.n aaverse ~.tfec! ~demltie*'J ~cove. eetermine wnet~er It is sucstandal, large. ~mconan~ or ot~eewise Si{hi AO'~-~ORI ZATION (where the applicant is not the owner) (print owner of property) (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. 8 ~d of Trustees Applicatio~ County of Suffolk State of New York DEPOSES AND AFFIRMS THATHE/SHE IS ~ APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ~r.T, STA'I'~NTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT AT.T. 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 '£a~. 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 P~EPRESENTATIVES ( S ) , TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. '~!~. C~ ~"<~''/~'Z'~''l-'''~''- '~ _/~ Signature swo BEFORE TE S Notary Public F O,"*,~.IE SN. EMME '. ' *, '..,?.* I'.*J3uc. S~ 0f ~ Yo~ 01-SM800818 O~lilied i~ SuffOlk .*'-.' L. :n ~x;.!r~ January 7 Telephone (5[6) Town Hall. 53095 Ma/n t~oad P,O. Box 1179 Souchokl. New Yo~i 11971 .$OUTHOLD TOWN CONSERVATION ADV'ISORY COUNCIL At the meeting of the Southold Town Conservation Advisor' Council held Monday, March 20, 2000, the following recommendation was made: Moved by Scott Hilary, seconded by Ken Meskill, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAl_. of me Wetland Permit application of FR.aa'qK CAMPANELLI 90-1-2 to construct a one-famil? dwelling, septic system, deck and floating dock with ramp. 1275 Cedar Point West, Southold The CAC recommends Disapproval because of the following reasons: l Concerns wtth the read setback and septic setback. 2. the proposed house is within 18' of open water. Vote ofCouncil: .~yes. A".I Motion Canied TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING FElt, MIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 3587 Z Permission Is hereby granted to: O~.~bor Inc to ]~_,_'] !: cL. ~w.. nna .Cd~laS.2~... ~.~zel 1 ~'~g ................................................................................... at premises located ot~:l.~ l~. ~L~ ~.~l~.~' ~L~L ~.~ ................................................ ............................... ~.~1 s~:.. ~;ta.L...~,~.~. ~.t,.../~.. ......... .s...o..~.Lt~g.i~. ...................................... pursuant to application dated ................... A13~.t, .........2~ ............ , 19.~..., and approved by the Building Inspector. Fee $.XO..'.~ ........... / B~ding tlnspect°r / /"~ f-I VV / ROAD CENTER The Town of Southold's Code of Ethics prohibits conflicts interest on the part of town.offic, ere and employees. .The purpose o[ ~hts [arm is to provide la,armenian ~hich ca~ alert the town o~ possible con[ii,ts o[ interest and allow it to take whatever action is necessary to avoid same. , (~aet name, girnt name, ~dd.ie ~n-~al, uninno you are applying ~n ~he name or someone ~lse or o~her on~t~y, such as a company, l~ so~ indicate ~ho o~her porson*s or companyts name.) Tax grievance Variance change of zone ARP~9~al of plat ..., Exemption from plat or official map other ' .0ther, .ame the Do you p~rsoneXX~ (or through ~our ~ompa#y~ epoeee, mibling, parent, or child) have a relab~onehip will! eny ogfioer or employee og the Town of Soubhold? -ReXabionahlp* ~ncXudee by bXood, marriage, or business lnterenb. 'Business interest' means a business, including a pnrtne£ehip, in which the ~oun officer or employee has even a ownership or (or empXoYment by) a corporation in which the town o[ficer or employee owns more than 5~ or the shares. YES NO ~ , If you answered 'YgS,#.eompte~e ~he balance of ~hts~orm and date and sign where indicated. Name of person employed by bhe Town of Southold Title or position of ~hat person Describe ~he relationship between yourself (the applicant) and the town officer or employee. Either check the appropria~e line A) ehrou~h D) and/or desoribe in the space provided. The town officer or employee or his or her spouse, sibling, parser, or child is (check all 5ha5 apply)~ ~) the owner of greater 5has 5% of the shares of the corporate stock of the applioint (when the applicant is a corporation)~ B) the legal or bhneficial o~ner of any interest in a noncorporate'entlty (when the applicant ia not a corpora~ion)t C) an officer, director, part,er, or empXoyea o~ the ,~AP HUMBER 36103C0167 G EFFECTIVE DATE: MAY 4,1998 E','~; Vq. Town oi $outhold 360813 ZONE X T~EST E~ORING OROUND EL. 8 O' 1.0' SANDY LOAM Z Z 0 TO: THE BOARD OF TRUSTEES, TOWN OF SOUTHOLD COUNTY OF SUFFOLK, STATE OF NEW YORK In the Matter of the Application of BENALI, LLC SCTM: 1000-92-1-2 FACTUAL OUTLINE From: Patricia C. Moore Attorney for applicant Office and Post Office Address, Telephone 51020 Main Road Southold, NY 11971 (631) 765-4330 APR '1 8 2007 Owner: BENALI, LLC by Steven Kram Property: West Cedar Point Drive, Southold Work Session: April 18, 2007 The Purposes of Chapter 275 is the protection, preservation, proper maintenance and use of its wetlands. What was constructed was reviewed and approved by the Trustees and is consistent with the policies of Chapter 275. Initial application is for t-shaped 4' x 30' fixed dock 3.5' above grade, with 3'x14' hinged ramp and 6'x20' float [a combined series of structures totaling of 50 feet in length] and boat launch ramp (6' x 4' decking and 6' x 14' ramp )and 10' x 12' gazebo. The owner did not want this plan because it was too expensive to construct and maintain, the removal and repair each season was an ongoing expense that was too high, and the effect on the wetlands to remove and reinstall unnecessary. On March 14, 2006 prior to publication of legal notice, prior to field inspection and prior to public hearing, the applicant submitted a modified drawing showing a 4' x 50' fixed dock 3.5' above grade and 5' x 15' float to be placed parallel to fixed dock [hinged ramp removed in this modified drawing; float was reduced in length from 20 to 15 feet and moved from end of fixed dock. It was proposed to be placed along side / parallel to fixed dock.] A new project description was provided and the cover letter described specifically the differences between the new plan and the old plan. This modified plan is shown in drawing "B"[ see Exhibit Al At the field inspection, with the new drawing in hand and the 50' length of the dock into the water staked, the Trustees requested the following modifications to drawing B as reflected in the" Field inspection worksheet" [see Exhibit BI: a. Designate on drawing the clearing limits b. Relocate the gazebo or storage shed c. Add a parking area 20 x 20 d. Reference points for location of gazebo and end of dock were identified e. Noted that the ramp was not necessary 4. The legal notice and the board agenda properly described the modified plan. The modified plan was the subject of the public hearing. At the public hearing, applicant submitted "red lined" drawing depicting the modifications requested by Trustees during field inspection. [ See Exhibit C ] At the public hearing, discussions were held with respect to design of the boat launch ramp. How wide, of what material, and whether to be built on grade, or, as requested by Trustee James King; launch ramp to be built 1 foot above grade. Tills WAS AGREED TO BY APPLICANT ALONG WITIl TItE OTHER ITEMS FROM #3 ABOVE. No objection or comment was made with respect to the applicant's fixed dock or float. [see copy of transcript of public hearing, Exhibit D] The Resolution adopted by board used the initial application description in error and not the modified plan that had been the subject of the field inspection and public hearing. ** ** These transcription errors are not uncommon. When this occurs Heather corrects the transcript with approval of a Board member. She stated to both Mr. Kram and to Jim Fitzgerald (left a message on his voice mail and told him in person) that she went to a Trustee and had this corrected. Upon completion of public hearing, on May 8, 2006 applicant submitted drawing showing Trustee requested field inspection revisions and the modifications to the boat launch ramp (relocated gazebo, parking area, limit of clearing and 6x23 ramp and 6x4 platform) [see Exhibit E] After the hearing, Heather, the Trustee staff member, was preparing the written permit when it became clear that the resolution that was adopted was in error. The resolution incorrectly referred to the initial application AND NOT the application as it had been amended prior to the field inspection, legal notice and public heating. 10. In May, 2006 Jim Fitzgerald met w/Heather and Trustee Jill Doherty at the Trustees office to discuss the error in the resolution. Heather agreed that the minutes had to be corrected to reflect the approval of the amended application. 11. Heather said in the voice mail to Jim Fitzgerald on 5/26/06, according to notes made by Jim Fitzgerald contemporaneously with the message, "that their previous comments about shortening the dock were incorrect as noted by 'the Trustees' in reviewing the minutes, and the only thing Jim had to do to get the permit was to show the platform at the top of the launching ramp as one foot above grade, and the launching ramp itself should be fiberglass or perforated metal to let the sun through so vegetation can grow under it. Therefore, that problem with the transcript had been resolved. HEATHER ALSO NOTATED THE TRUSTEE TRANSCRIPT WITH THIS INFORMATION. However, this was not necessary because the height of the boat launch above grade would be noted on the Trustees permit, the perforated platform was no longer applicable with an open boat rail. 12. From June through November 2006 the DEC reviewed and approved a reduced final plan. 13. The DEC approved: 4' x 50' open grate decking with 6" piles- no stairs only a ladder at the end (same as Trustees- Heather had noted on the file that 50' included the stairs)) The float was reduced in size to 5' x 10' (Trustees approved 5' x 15') Boat Launch platform was made "27'- 3.5 spaced launching rails" open and without a platform- (Trustees approved 6'x4' + 6' x23'= total length same 27' with grated platform)- there was no need to show "grated platform" because it was an open boat launch within the footprint approved by the Trustees. Gazebo reduced to 7' x 14' (less than 100 sq.ft.) (Trustees approved 10' x 12') 20' x 20' pervious parking area (same) 14. There were no extra details on the Boat Launch required- Jim Fitzgerald did not make it an issue because they were working with the DEC on the final design of the Boat Launch. In November 2006 the DEC had modified it and reducing the size and square footage of the structure. It was reduced from 6' wide x 27' long (platform) two rails 3.5 feet apart. The open boat launch rails were held in place by two piles and the adjacent dock. The overall structure requires less ground penetration then a platform boat launch, AND IT MUCH MORE ENVIRONMENTAL SOUND THAN THE PREVIOUS PLAN. 15. In all respects the Trustees permit was ready to be issued- Only the ministerial act of typing it was required. The DEC revisions resulted in a smaller plan- reduced environmental impacts meeting all of the Board's policies and permit conditions. There was no further review required by the Trustees because the DEC approved plans were smaller structures then those reviewed and approved by the Trustees. 16. No one ever discussed reducing the length of the proposed dock- the only comment made through Heather, after the error in the resolution was discovered, was that the maximum length was 50 feet ( including the stairs ). The solution which was implemented was to eliminate stairs and use a ladder down to the float. The owner did not request another plan- the approved plan is a 50 foot dock with a 6' x 15 float and 6' x 27' boat ramp. The Trustees approved more than what was actually constructed. The Trustees failed to issue the written permit in June after the minutes of the meeting were corrected. Please issue the written permit granted in June 2006. 17. Owner does not want a Ramp just dock and float. DEC insists that the float must be in no less than 3.5 feet of water. SOLUTION: float can be relocated to "L"- will not protrude out beyond 50' (what we understand from pervious comments to Mr. Kram that the Trustees believed they approved) The DEC placed the float at the end of the 50' dock with the ladder down (no ramp) · *Prbper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 March 14, 2006 (631) 734-5800 President Board of Town Trustees Town of Southold Town Hail, 53095 Main Road Southold, New York 11971 MAR ] 4 2006 Re: Shirley Kram; SCTM #1000-90-1-? Dear Sir: Judge Kram has requested that certain changes be made in the plan which was recently submitted: the fixed open walkway is twenty feet longer, the fourteen-foot hinged ramp is eliminated, the float is reduced in length by five feet and relocated to the side of, and parallel to, the fixed open waikway, and the launching ramp is increased in length by nine feet to reach the low water line. A possible alternative to the gazebo, a storage shed of the same size, is proposed. Three copies of the revised plan are enclosed. The new project description is as follows: PROJECT DESCRIPTION: Construct fixed open walkway 4' x 50', and float 6' x 15' parallel to the fixed dock; install two piles or metal pipes to secure float. Construct wood launching ramp 6' x 23' with 6' x 4' platform at landward end. Construct 10' x 12' gazebo or storage shed. Clear upland l~u~,~a.i.tes as necessary for access to structures and for off- street parking. ~c~--M,~-~t~h The project plan and the included project description mailed to adjacent property owners reflected these proposed changes. es E. Fitzgera~ a subsidiary of THE PECONIC EASTERN CORPORATION ~7 07: 02A KRAM MAX MEDICAL ~rte Pl..a,n Prepared fo; ~ ~' 134 Applic.~mt: Stwen Kram SCT# 1000-90-1-2 Situate: Bayvlew Town; Southoid Suffolk County, NY Surveyed: 01-1 Amended; 01-34-.06 Amended; 02-27-08 Amended: 03-11-08 Datum: Low Water 310 476 'I6E~.~-+ p.O'I Cross Section ..... 1' = 20' A]l~e Proposed PrOoosed PREP~ 6'Y: SEA LEVEL MAPPING PO BOX#538 RNEI:~F. AD, I~' ~1-~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson D~ve Bergen John I{olzapfel Town Hall 53095 Route25 P.O. Box 1179 Southold, NewYork11971.0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Name of Applicant: . Property Location: SCTM# & Street Brief Description~ Ty~eof area to be impacted: VSaltwater Wetland Freshwater Wetland Distance of proposed work to edge of above: Sound Front Bay Front .P~Jc of Town Code proposed work falls under: hapt.97 Chapt. 37 other Typeof Application: '~Wetland__CoastalErosion~Amendment__Adminis~ative ___Emergency Modifications: Conditions: Bergen__J.Holzapfel __Other: Mailed/Faxed to: Date: O?'02A KRAM/MAX MEDICAL 310 476 16BE+ P.5 p.02 I Plan ,i:nt: SMven Kram 1000-90-'1-2 md: 01-19-06 ]ad: 0t-24-06 ted; 0~-11-06 : Low Watar 1' --- 30' KRAM DRAFT - TRUSTEE HEARING 3/22/2006 12. Proper-T Permit Services on behalf of SHIRLEY KRAM requests a Wetland Permit to construct a fixed open walkway 4' by 50', and float 6' by 15' parallel to the fixed dock; install two piles or metal pipes to secure float, construct wood launching ramp 6' by 23' with a 6' by 4' platform at landward end. Construct 10' by 12' gazebo or storage shed; clear upland vegetation as necessary for access to structures for off-street parking. Located: 1275 West Cedar Point Drive, Southold. SCTM#90-1-2 TRUSTEE DOHERTY: The description I read is a little different than on the agenda, it's been updated. We all were at the site the CAC did not inspect, so therefore, no comments. And LWRP found it inconsistent, which we talked about in the field and made some changes the setbacks -- MR. FITZGERALD: The gazebo or shed 25 feet back from the end of the dock and the parking area 20' by 20' is shown. The 25 feet is the figure you gave me. TRUSTEE DOHERTY: And there's one comment here from LWRP that I don't understand, it says swimming pool and related structures. Because he has that highlighted, but -- MS. CUSACK: He took it out of the code it says swimming pool and related structures have to be 50 feet -- TRUSTEE DOHERTY: Right, it's bold, so I didn't know, right. We talked about the ramp next to it and how we felt we didn't need to have that size ramp there. I see that's still -- MR. FITZGERALD:: The decision is about the width as I recall, and I asked the applicant's son to measure the dolly they use for the Sunfish, and the outside dimension of the wheels is 4'4". TRUSTEE DOHERTY: So, what are you proposing that be? MR. FITZGERALD: Six feet which seems reasonable given the width of the boat, which is somewhat more than that and the width. TRUSTEE DOHERTY: what were you proposing material for that ramp, to build that? MR. FITZGERALD: I don't know I would presume that marine ply would be. TRUSTEE KING: If we allow that it should be the new grated system, kept Iow and the stuff will grow up toward -- TRUSTEE BERGEN: Let me ask you this, would it work, would it suffice where instead of installing a ramp, you just clear the area like you said about 6', she said about 4'4", so next to the dock about 6' of extra clearing so they could wheel it down there; is there any need for the ramp? MR. FITZGERALD: That would be the best way of doing it, but the bank at that point is at least 18 inches shy. TRUSTEE DOHERTY: Maybe we could use the new material that's out that you could put down and the growth could still grow. MR. FITZGERALD: That's a good idea. TRUSTEE DOHERTY: It's a hard surface, but yet you still have the growth. It's not going to get out of control because you're going to be using it. I think we would rather see something like that. MR. FITZGERALD: I think I would too, it seems more practical. TRUSTEE DOHERTY: Here are hand-drawn plans in red. MR. FITZGERALD: I wasn't able to get the real map done by the map guy in time, so I did that and unless you have some changes, if you could act on it contingent upon the new map being that way in black instead of red? TRUSTEE DOHERTY: Sure. TRUSTEE KING: What was the proposed height of this ramp? MR. FITZGERALD: You mean height above grade? It would be at grade. The flat part up top just four feet would be at grade and it would go down, straight down from there. TRUSTEE KING: I'm just thinking DEC, I'd like to see it up off the ground a foot. MR. FITZGERALD: Okay. But there's got to be a way to get the wheels up. TRUSTEE KING: Just have a little ramp up to it out of that graded material, and that would allow some vegetation to grow under it. TRUSTEE DOHERTY: And to use that material. Are there any other comments from the Board? I make a motion to close the hearing. TRUSTEE HQLZAPFEL: Second. TRUSTEE DOHERTY: All in favor? ALL AYES TRUSTEE DOHERTY: I make a motion approve the application of Proper-T Permit Services on behalf of Shirley Kram for a fixed open walkway 4' by ,.3.0'; hinged ramp 3' by 14'; floating dock 6' by 20'; 'irf~i'all two piles or metal pipes to secure float; construct a launching ramp approximately one foot high made of a fiberglass or some other or aluminum grating system that the vegetation could grow through, and that would be approximately a 6' by 14' ramp with a 6' by 4' platform at landward end, an~'t-~ ~on~t~u~t a 10' by 12' gazebo 25 feet back from the landward edge of the dock, and a 20' by 20' area for off-street parking all subject to revised plans showing all that. TRUSTEE HOLZAPFEL: Second. TRUSTEE DOHERTY: All in favor? ALL AYES. ....'Proper-TPermit Services P.O. Box617, CutchogueNY I1935 Phone:631-734~5800 Fax: 631-734-7463 MEMORANDUM TO: Lauren - Trustees FROM: Jim Fitzgerald SUBJECT: Kram; SCTM #1000-90-1-2 DATE: May 4, 2006 Here are 3 copies of the plan the Trustees approved at the 3/22/06 meeting. Please calculate the permit fee and let me know. View & Hydrographic Data Prepared for Lot # 134 'Cedar Beach Park' Applicant: Steven Kram SCT# 1000-90-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 02-27-06, 03-11-06 04-04-06, 04-10-06 Datum: Low Water 1" = 30' N Section 1" = 20' Proposed Proposed Dock 4' x 50' ~ 6' Wide 3.5' abv. gr. II I t1.. ramp~'X I / steps to LW Gazebo ? I ~ ---L ..... 10'x 12' Edcje ot: I IF ......t"-- Het.'hand5 I l edqe / O';'::--'a,a delln_ea_~ed I I oF / ., · btJ ~ Fox I:~nk / PI1~5 Ol-lq-06 II oc All hc~d~are ~olvonized All ~ol~erlols from opproved Ils~ Float SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722-3390