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Home My WebLink AboutTR-6990 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 ¼ constructed __ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6990 DATE: OCTOBER 15, 2008 ISSUED TO: KIMBERLY MUELLER PROPERTY ADDRESS: 1445 BUNGALOw LANE~ MATTITUCK SCTM# 123-3-19 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 11 i Of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trnstees adOpted at the meeting held on October 15. 2008. and in consideration of application fee in the sum of $250~00 paid by Kimberlv Mueller and subject to the Terms and C0fiditions as stated ia the Resolution, the S6~thold Town Board of Trustees aUthorizes and permits the following: ~ Wetland Permit to construct a 4'x30' fiberglass grid catwalk (2' above grade of marsh) With "L"-shaped 4'x8' stairs at the seaward end, and as depicted on the site plan prepared by Sea Level Mapping, last dated May 19, 2006, and received on September 24, 2008. IN WITNESS WHEREOF, the said Board of Trnstees 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. James Kini~- A%sent TERMS AND CONDITIONS The Permittee Kimberly Mueller, residin~ at 1445 Bungalow Lane, Mattituck. New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trmtees and the Town of Southold are released fi.om 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 Tmsteea of the Town o£ 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 tong 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 Trustecs, the work shall cause unreasonable obstruction to free navigation, the said Permittec will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. 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 H~l 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD October 15, 2008 Mr. Robert E. He.mann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: KIMBERLY MUELLER 1445 BUNGALOW LANE, MATTITUCK SCTM# 123-3-19 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 15, 2008 regarding the above matter: WHEREAS, En-Consultants, Inc., on behalf of KIMBERLY MUELLER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 15, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Water[rent Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6, 9 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the use of open grate decking on the catwalk, catwalk is to be a Iow-profile catwalk for accessibility, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 15, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of KIMBERLY MUELLER to construct a 4'x30' fiberglass grid catwalk (2' above grade of marsh) with "L"-shaped 4'x8' stairs at the seaward end, and as depicted on the site plan prepared by Sea Level Mapping, last dated May 19, 2006, and received on September 24, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, ~ilceM~rDe°sihdeent, Board of Trty ' rustees JMD/eac 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 ~r- ,>oq: ,_~OOo~' has been reviewed by this Board at the regular meetin9~ of ~;Ic.,-~o~£ /57, o~""' 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. 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: 5,h:,3c - 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., October 8, 2008, the following recommendation was made: Moved by Peter Young, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of KIMBERLY MUELLER to construct a 4'X 30' fiberglass grid catwalk (2' above grade of marsh) with "L"-shaped 4'X 8' stairs at the seaward end. Located: 1445 Bungalow Lane, Mattituck. SCTM#123-3-19 Inspected by: Scott Worth, Peter Young, James Eckert The CAC Supports the application with the Condition of a 10' non-turf buffer and the project is consistent with the Public Trust Doctrine. Vote of Council: Ayes: All Motion Carried James F King, President Jill M Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O Box 1179 Southold, NY 11971 Telephone (631 ) 765 1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: KIMBERLY MUELLER requests a Wetland Permit to construct a 4'X 30' fiberglass grid catwalk (2' above grade of marsh) with "L"-shaped 4'X 8' stairs at the seaward end. Located: 1445 Bungalow Lane, Mattituck. SCTM#123-3-19 .aOf area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part o. gf Town Code proposed work falls under: ~(2hapt.275 Chapt. 111 other Type of Application: [,//~etland Coastal Erosion__Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: __&King ~_~,d. Doherty __P.Dickerson __ __ D. Dzenkowski Mark Ter~__other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- KIMBERLY MUEI,I,ER~ 1445 BUNGALOW LANE~ MATTITUCK Figure 1. Looking northwest over staked location of proposed catwalk and stairs and at neighboring docks to ~torthwest. Figure 2. Looking southeast over staked location of proposed catwalk and stairs and at ad}acent docks to southeast. EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING November 14, 2008 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com Attn: Lauren Standish Board of Trustees Town of Southold Post Office Box 1179 Southold, New York 11971 Application Fee Kimberly Mueller - 1445 Bungalow Lane, Mattimck SCTM#1000-123-3-19 (Deep Hole Creek) Dear Lauren: Enclosed you will find our check no. 8727 in the amount of $336.00 for the application fee due on the above referenced project. If you require anything further please contact our office at (631) 283-6360. Sincerely, Bookkeeper Enc. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALLZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator October 6, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for KIMBERLY MUELLER SCTM# 123 -3 - 19 Eh-Consultants, Inc. on behalf of KIMBERLY MUELLER requests a Wetland Permit to construct a 4'X 30' fiberglass grid catwalk (2' above grade of marsh) with "L'-shaped 4'X 8' stairs at the seaward end. Located: 1445 Bungalow Lane, Mattituck. SCTM# 123 -3 - 19 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed dock is in a Critical Environmental Area nominated by the Town of Southold as worthy of protection~ (see Critical Environmental Areas § 275-2 Definitions below). Any proposed action in a Critical Environmental Area may be subiect to more stringent requirements such as denial of certain operations~ and shortening or reducing the size of the structure pursuant to § 275-11 Construction and operation 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. A. Comply with statutory and regulatory requirements of the SouthoM 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. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of SouthoM and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek Cedar Beach Cree/jl~orey Creek Deep Hole Creek, Goldsmittl~et, Halls Creek Goose Creek, Little Creek, Mill Creek and Pipes Cov~ek. 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers. The proposed dock/float location is at a low water depth of 2 feet indicated on the site plan provided by the applicant. The use of a vessel associated with the proposed dock could have adverse impacts to the public trust bottomland from sitting of float, vessel and/or prop dredging from the vessel. Pursuant to § 275-11 Construction and operation standards no part of the floating dock will contact the bottomland during a normal low tide. The potential impacts to the public trust bottomland from a vessel associated with the proposed action should be considered. § 275-11 Construction and operation standards. (2) Docks. Regulations for the placement and configuration of docking facilities. [1] Residential docks. [dmended lO-11-2005 by L.L. No. 17-2005] lb] If any part ora residential dock structure includes afloat or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [ii] No part of the floating dock will contact the bottomland during a normal low tide. Policy 9-Provide for public access to, and recreational use of, coastal waters, public.lands, and public resources of the Town of Southold. The proposed action is private, noncommercial and will not support a pattern of development that enhances community character nor preserves "Public" access or public recreational activities Policy Standard-9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access lo, and reasonable recreational use of, navigable waters and public trust lands under water. 2. Permit limited obstruction of public use, including navigation, in navigable waters: 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range of tidal water level fluctuation, The proposed dock/float location is at a Iow water depth of 2 feet indicated on the site plan provided by the applicant. The use of a vessel associated with the proposed dock could have adverse impacts to the public trust bottomland from sitting of float, vessel and/or prop dredvino from the vessel. Thee ~ mus.~t demonstra_~rhat the following.dock standards operation standards have been ~ 275-11 Construction and '§ 275-11 Construction and operation standards. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be Iocaled in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3J Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] I'Yhether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia marilima) or shellfish; [8J Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the d~ck will adversely affect views~ viewsheds and vistas imp~rtant t~ the c~mmunity; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12.] l'I~hether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. If the action is approved~ the following best management practices (BMP's) are recommended: Minimize the length of the docking structure to the greatest extent practicable. Design standards allowing for the public to access trust lands and water. If the a~encv. Board of Trustees makes a contrary determination of consistency~ the agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. It In the event the LWRP Coordinator's recommendation is that the action is' inconsistent with the LWRP, and the agency makes' a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Jmnes F. King, President Jill M. Dougherty, 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 Fex (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application 7Wetland Permit Application t,~Major Waiver/Amendment/Changes ~"Re~eived Application: ~'RYeceived Fee:$ C~k~/ ,~ompleted Application Q Incomplete SEQRA Classification: Type I__Type II Unlisted Coordination:(date sent) ~'~C Referral Sent: ~ ~~ ~e of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: --4~ic Hearing Held: ICJ] Resolution: Minor Name o f Applicant KI]V~EIRLY MUELLER Address 1445B~WLANE, MAI'IIlUCK, NY 11952 Phone Number: 631-298-1385 Suffolk County Tax Map Number: 1000 - 123-3-19 Property Location: 1445 B~WLAN~ MATIITUCK (provide LILCO Pole #, distance to cross streets, and location) A GENT: Elxt42ONISULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOJIHAIVI~ON, NY 11968 Phone: 631-283-6360 ~oard of Trustees Applica GENERAL DATA Land Area (in square feet): 34,001.96 S.F. Area Zoning: R-40 Previous use of property: RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: X No Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date SOUTHOLD TRUSTEES//5119 NYS DEC # 1-4738-02521/00001 NYS DEC #1-4738-02521/00011 USA COE NYS DOS 3/1/01; 5/25/00; 10/26/00; 1/25/02 5/10/00; 11/19/01 2/2/07 1/5/00; 11/3/00; 2/4/02 1/28/00; 10/20/00; 1/7/02 __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 (use attachments if necessary): MODIFY PREVIOUSLY APPROVED 4' X 29' FIXED CATWALK (3.5' ABOVE GRADE) WITH 4' X 7.5' STAIRS AT SEAWARD END TO A 4' X 30' FIXED CATWALK (2' ABOVE GRADE OF MARSH) WITH "L"-SHAPED 4' X 8' STA1RS AT SEAWARD END, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY SEA LEVEL MAPPING, LAST DATED MAY 19, 2006. oard of Trustees Applicat WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: SAFE, PR1VATE DOCKAGE OF OWNER'S CRAFT. Area of wetlands on lot: +/-1,643 .square feet Percent coverage of lot: +/-4.8 % 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: N/A feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: cubic yards feet N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): THE PROJECT ENTAILS CONSTRUCTION OF A MINIMALLY SCOPED FIXED CATWALK/DOCK TO PROVIDE ACCESS OVER THE VEGETATED MARSH (CREATED BY THE PREVIOUSLY INSTALLED LOW-SILL BULKHEAD), WHICH WILL BE CONSTRUCTED WITH UNTREATED FIBERGLASS DECKING. THE PROJECT, WHICH REPRESENTS A MINOR MODIFICATION OF A PREVIOUSLY APPROVED DESIGN, WILL HAVE NO ADVERSE IMPACTS ON THE ADJACENT TIDAL WETLANDS OR WATERS OF THE TOWN. 14-16-4 (2/87)--Text 2 PROJECT I,D. NUMBER SHORT 617.21 Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 APPLICANT/SPONSOR: KIMBERL¥ MUELLER BY I 2. PROJECT NAME EN-CONSULTANTS, INC. I 3 PROJECT LOCATION: Municipality MATTITUCK County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) [445 BUNGALOW LANE, MATTITUCK, TOWN OF SOUTHOLD, SCTM #1000-123-3-9, MAP PROVIDED. ~]'Si~OPOSEOAOT~ Expansion [] Modificatioo/alteration 6 DESCRIBE PROJECT BRIEFLY: FORM SEQR VIODIFY PREVIOUSLY APPROVED 4' X 29' FIXED CATWALK (3.5' ABOVE GRADE) WITH 4' X 7.5' STAIRS AT SEAWARD END TO A 4' X 30' FIXED CATWALK (2' ABOVE GRADE OF MARSH) WITH "L"-SHAPED 4' X 8' STAIRS AT SEAWARD END, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY SEA LEVEL MAPPING, LAST DATED MAY 19, 2006. Initially 0.784 acres Ultimately 0.784 acres [~¢es [] NO If No, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other STATE OR LOCAL)? [] Y e s L~ N o If yes, list agency(s) and permit/approvals DEC, COE, DOS []Yes []No If yes, list agency name and permit/approval 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~ pplicant/sponsor ns m e ROBERT E. HE~[~ANN, COASTAL MANAGEMENT SPECIALIST D A T E SEPTEMBER 15, 2008 Signature: -~ .,~ the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ..... ...................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That on the~day of ~. , 20~, I personally posted the prope~y known as by placing the Board of T~stees 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 hemng. Date ofhemng noted thereon to be held Dated: (si~ature) Sworn to before me this /~/'~ day ofOr. JL 200g NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: KIMBERLY MUELLER SCTM# 10OO- 123-3-19 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the Permit from the Board of Trustees to: MODIFY PREVIOUSLY APPROVED 4' X 29' FIXED CATWALK (315' ABOVE ~,ADE) WITH 4' X 7.5' STAIRS AT SEAWARD END TO A 4' X 30' FIXED CATWALK (2' ABOVE GRADEoF MARSH) WITH "L"-SHAPED 4' X 8' STAIRS AT SEAWARD END, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY sE~ ~I~VEL MAPPING, LAST DATED MAY 19, 2006. 2. That the property which is the subject of Environmental Review--is located adjacent to your property and is described as follows: 1445 BUNGALOW LANE, MATTITUCK 3. That the project which under Chapters 32, 37, or comment on:OCTOBERI5TH, 2008~6:00P.M. 765-1892 or in writing. is subject to Environmental Review 97 of the Town Code is open to public You may contact the Trustees Office at The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: KIMBERLY MUELLER MAILING ADDRESS: 1445 BUNGALOW LANE MATTITUCK, NY 11952 PHONE ~: 631-298-1385 Enc. : Copy of sketch or plan showing proposal for your convenience. 5 HAROLD & JOAN WHELAN CLIFFORD SAUNDERS TOWN OFSOUTHOLD PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: 1645 BUNGALOW LANE MATTITUCK, NY 11952 1375 BUNGALOW LANE MATTITUCK, NY 11952 POST OFFICE BOX 1179 SOUTHOLD, NY 1197l STATE OF NEW YORK COUNTY OF SUFFOLK doing business atEN-CONSULTANTS, INC Sworn to before me this day of SEPTEMBER ,20 08 24th ROBERT E. H~KRMANN COASTAL MANAGEMENT SPECIALIST ROBERTE. HERRMANN 1319NORTHSEA ROAD SOUTHAMPTON being duly sworn, deposes and says that on the 24th day of SEPTEMBER ,20 08 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were mailed to each of said persons by (certified) ~~) mail. I OFF C~AL postage (Endorsement Required) [s~,~ ro Harold & Joan Whelan ~w,'w~vt'? 1645 Bungalow Lane ~_~ Mattituck, NY 11952 J O~ F C~AL USE Certified Fee ru [~ Return Receipt Fee r--I (Endomement Required) Restricted Delivery Fee I~] (Endorsement Required) Town of Southold P.O. Box 1179 Southold, NY 11971 ,,- OFF -'3' CtAL USE Clifford Saunders 1375 Bungalow Lane Mattituck, NY 11952 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of 59operty) (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalfi (Owner's sigh~ure) Board of Trustees Application County o f--S'aff~}k State of 4qew York ]~)r~ b ~ ]~/ ~ cie Il e_~ BEING DULY SWORN DEPOSES ANDAFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS 7~-/d,. DA¥OF ¢',/ Notar(/ublic APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the part of town officers and employees. The t)umose of this form is to t~rovide information which can alert the town of eossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unIe. a.s4~u are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO J If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantiagenffrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this ~d~~ _200 ~ Signature Print Name Plan view Applicant: KJm Mueller Proposed: Dock Purpose: Pdvate Mooring Surveyed: 05-17-06 Mapped: 5-19-06 SCT# 1000-123-3-19 Town: Southold Suffolk County, NY Datum: Low Water Tide Range: 2.5' +/- 1"--30' '4? '46 Proposed Dock Fiberglass Grid 2' above grade 4' x 30' with grid panel steps '46 '47 / 'q 7 '/.3 'q 7 1" = 10' Proposed Dock (4' x 30') All material from Fiberglass grid approved list 2' above grade Io~n grid panel steps ~t:l~nd ~'~-~._~ E~oundar~j exist:, 4" X 4" Fox Io~ ' Ha~ '~ 5111 posts bled. 8' O.C. 2'x4' (1' drop) ~xiot:. Bt:t:m. SEA LEVEL MAPPING 631-722-3390 P.O, Box # 366 Aquebogue, NY 11931 ROBERT H. FOX NYS PLS# 50197 Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM Allapplicants for perm its* including T0wn 0fS0ath01d agencies, shallc0mpletethis CCAF for proposed actions that aresubjectt0theT0wn0fS0uth01d Waterfr0ntC0nsistency Review Law. This assessmentisintended to supplementotherinf0rmati0n used by aTown 0fS0uth01d agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y~ *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail~ listing both supporting and non- sul~l~ortinu facts. 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 I~,-':fic~the_Clanning Depart _men~ all local libraries and the Town Clerk's office..,i' ~ B. DESCRIPTION OF SITE AND PROPOSED ACTION ! SCTM# 123 3 - 19 ! PROJECT NAME KIMBERLY MUELLER k___ ................... The Application has been submitted to (check appropriate response): TownBoard I'--I PlanningBoard~'~ Building Dept. I-'-] Board of Trustees [~ 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) I'~ (c) Permit, approval, license, certification: Nature and extent of action: CONSTRUCT A 4' X 30' FIXED TIMBER CATWALK (2' ABOVE GRADE OF MARSH) WITH 4' X 8' "L"-SHAPED STAIRS AT SEAWARD END, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY SEA LEVEL MAPPING, LAST DATED MAY 19, 2006. Location of action: 1445 BUNGALOW LANE, MATTITUCK Site acreage:. 0.784 ACRES Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING Present zoning classification: R~40 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: KIMBERLY MUELLER (b) Mailing address: 1445 BUNGALOW LANE MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-1385 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes--I ] No[5~ If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructUre, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. I--lYes ~ No X Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No ~] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~Yes ~ No ~] Not Applicable THE PROJECT WILL BE CONSISTENT WITH POLICY AS THE PROPOSED CATWALK WILL BE LOWLY ELEVATED TO CREATE MINIMUM INTRUSION INTO THE WATERWAY. 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 $ through 16 for evaluation criteria ~ Yes ['-] No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [~ No [~ Not Applicable THE PROJECT WILL BE CONSISTENT WITH POLICY 5 AS IT WILL BE CONSTRUCTED WITH MINIMAL STRUCTURAL INTRUSION INTO THE WATERWAY AND WILL BE CONSTRUCTED WITH UNTREATED, FIBERGLASS-REINFORCED DECKING, THUS MINIMIZING POTENTIAL IMPACTS ASSOCIATED WITH CCA-TREATED TIMBER. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [~] No ~ Not Applicable INTO THE WATERWAY AND WILL BE CONSTRUCTED WITH UNTREATED, FIBERGLASS-REINFORCED DECKING, THUS MINIMIZING POTENTIAL IMPACTS ASSOCIATED WITH CCA-TREATED TIMBER. THE DOCK WILL ALSO BE SITUATED IN AN AREA ALREADY DEVELOPED WITH OTHER DOCK STRUCTURES. THE PROPOSED CATWALK HAS RECEIVED APPROVAL PURSUANT TO THE NEW YORK STATE TIDAL WETLANDS ACT AND REPRESENTS ONLY A MODIFICATION TO A DESIGN PREVIOUSLY APPROVED PURSUANT TO THE TOWN WETLANDS LAW AND WILL THUS MEET THE STATUTORY AND REGULATORY REQUIREMENTS OF THE NYSDEC & TOWN TRUSTEES. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--'] Yes [--]No[~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ No[-~ Not Applicable THE PROPOSED CATWALK WILL NEITHER IMPEDE OR AFFECT ACCESS TO OR RECREATIONAL USE OF COASTAL WATERS, PUBLIC LANDS, OR PUBLIC RESOURCES OF THE TOWN OF SOUTHOLD AND WILL THUS BE CONSISTENT WITH POLICY 9. Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Pr.otect Southold's w -dependent uses and promote siti f new water-dependent suitable locations. See LWRP Section III - Pohcles, Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1 - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes 1--] No [~ Not Applicable PREPARED BY R~ERRM ROBE ANN TITLEcoASTAL MGMT SPECIALIST DATE 9/8/08 Amended on 8/1/05 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING September 16, 2008 Towu of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Re: Kimberly Mueller 145 Bungalow Lane, Mattituck SCTM #1000-123-3-19 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) Site plans. One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including a) Site plans. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Sine rely, Coastal Management Specialist /khs Enc. Plan View Applicant: Klm Mueller Proposed: Dock Purpose: Private Mooring Surveyed: 05-17-06 Mapped: 5-19-06 SCT# 1000-123-3-19 Town: Southold Suffolk County, NY Datum: Low Water Tide Range: 2.5' +/- 1" = 30' '~ Section Hole Proposed Dock Fiberglass Grid 2' above grade 4' x 30' with grid panel steps LOne APPROVED BY &OARD OF TRUSTEES ?OWN OF SOUTHOLD 1"= 10' Yietl~nd E~oundor~ Fox Proposed Dock (4' x 30') Fiberglass grid 2' above grade L'~i.~ ...... axis 4" x 4" 5111 posts blkd. 8' o,c, approved grid panel steps 2' x 4' (1' drop) exisL btam, \ LEVEL MAPPING 631-722-3390 P.O. BOX # 366 Aquebogue, NY 11931 ROBERT H. FOX NYS PLS# 50197