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HomeMy WebLinkAboutTR-7019 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 ~ constructed __ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7019 DATE: JANUARY 21~ 2009 ISSUED TO: DORIS GALLAGHER C/O BAR. BAR& PENNACHIA PROPERTY ADDRESS: 14347 OREGON ROAD~ CUTCItOGUE SCTM# 72-2-1. 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 January 21. 2009. and ih consideration of ~pp!ication fee in the sum of $.500 00 paid by Doris Ggllagher c/o Barbara Pennachia and subject to the Terms and Conditions as stated in the Resolution, the SoUth01d Town BOard of Trustees authorizes and permits tlie following: Wetland Permit to stabilize the base of the bluff by constructing 90' of double row 3' to 5' diameter (2 to 5 ton) rock revetment; re-grade anY disturbed areas reusing excavated materials and re-vegetate materials, with the conditions that the any disturbed areas be re-vegetated with Cape American Beach Grass and the stairs to the beach over the revetment are to be seasonal and removable, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated December 9, 2008, and received on December 12, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscril~ed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Doris Gallagher c/o Barbara Pennachia, residing at 14347 Oregon Road, Cutcho~ as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the saiO Board of Trustees and the Town of Southold are released from any and all damages, 6r 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 pa~ties, 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 th~t~ 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. Thafthe saii:l 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. b~'i'equired supplemental to this permit, which may be subject to revoke upon failu~.to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 7019C Date: January 21, 2009 SCTM#: 72-2-1 Name of Applicant/Agent: Costello Marine Contracting Corp. Name of Permittee: Doris Gallagher cio Barbara Pennachia Address of Permittee: 49 Maplewood Avenue, Selden, New York 11784 Property Located: 14347 Oregon Road, Cutchogue DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to stabilize the base of the bluff by constructing 90' of double row 3' to 5' diameter (2 to 5 ton) rock revetment; re-grade any disturbed areas reusing excavated materials and re-vegetate materials, with the condition that the any disturbed areas be re-vegetated with Cape American Beach Grass and the stairs to beach over the revetment be seasonal and removable. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by Costello Marine Contracting Corp., last dated December 9, 2008, and received on December 12, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) ~v~Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. __ A relocation agreement is attached hereto and is a necessary special condition of this permit. __ A maintenance agreement is attached with application and is a necessary special condition of this permit. Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 21, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: DORIS GALLAGHER CIO BARBARA PENNACHIA 14347 OREGON ROAD, CUTCHOGUE SCTM# 72-2-1 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 21, 2009 regarding the above matter: WHEREAS, Costello Madne Contracting Corp., on behalf of DORIS GALLAGHER CIO BARBARA PENNACHIA 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, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated October 27, 2008, and, - WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 4.1,4.2, & 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: re-vegetate any disturbed areas with Cape Amedcan Beach Grass, the stairs to the beach over the revetment are to be seasonal and removable, the dwelling has already been moved back once, and 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 21, 2009, 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 and Chapter 111 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 DORIS GHALLAGHER CIO BARBARA PENNACHIA to stabilize the base of the bluff by constructing 90' of double row 3' to 5' diameter (2 to 5 ton) rock revetment; re-grade any disturbed areas reusing excavated materials and re-vegetate materials, with the conditions that the any disturbed areas be re-vegetated with Cape American Beach Grass and the stairs to the beach over the revetment are to be seasonal and removable, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated December 9, 2008, and received on December 12, 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, James F. King President, Board of Trustees JFK/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 To: Please be advised that your application dated (:~C~'~c.~er c:~ ~ ~O~has been reviewed by this Board at the regular meeting of ,.T-o,~z-,4 ~ 1; c;QO0 c), and your application has been approved pending the completionk{f the ' following items checked off below. __ Revised Plans for proposed project __ Pm-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) ~//Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees am now due. Please make check or money order payable to Town of Southoid. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTALFEES DUE:$ 50C:~ 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 3, 2008, the following recommendation was made: Moved by Don Wilder, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of DORIS GALLAGHER CIO BARBARA PENNACHIA to stabilize the base of the bluff by constructing 90' of double row 3' to 5' dia. (2 to 5 ton) rock revetment. Re-grade any disturbed areas reusing excavated materials and re-vegetate materials. Located: 14347 Oregon Rd., Cutchogue. SCTM#72-2-1 Inspected by: Don Wilder The CAC Supports the applications with the Condition the plans are stamped by an Engineer. 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: DORIS GALLAGHER CIO BARBARA PENNACHIA requests a Wetland Permit to stabilize the base of the bluff by constructing 90' of double row 3' to 5' dia. (2 to 5 ton) rock revetment. Re-grade any disturbed areas reusing excavated materials and re-vegetate materials. Located: 14347 Oregon Rd., Cutchogue. SCTM#72-2-1 Typ~'f area to be impacted: Z/Saltwater Wetland Freshwater Wetland ~T~ound Bay Distance of proposed work to edge of wetland .~_crt of Town Co, de proposed work falls under: hapt.275 ~___Chapt. 111 other Type of Application: ~'-Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Modifications: Conditions: Present Were: ~l':King /~J.Doherty ~-'P~)ickerson D. Dzenkowski --~ark Ter~ ~her Form filled out in the field by Mailed/Faxed to: Date: I-~i Bergen__~"BiGhosio, Environmental Technician Review- Doris Oallagher Oregon Road Cutcho~ue 9H 5/08 Doris O~lagher Oregon Road Cutcho~ae Doris ©allagher Oregon Road Cutehogue 9/15/08 Cutehogue 9/15/08 Doris Oallagher Oregon Road, Cutchogue 10/03/08 Doris Gallagher Oregon Road, Cutchogue 10/03/08 Doris Gallagher Oregon Road, Cutchogue 10/03/08 Doris Gallagher Oregon Road, Cutchogue 10/03/08 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: December 8, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit and Coastal Erosion Permit for DORIS GALLAGHER C/O BARBARA PENNACHIA SCTM#72-2-1 Costello Marine Contracting Corp. on behalf of DORIS GALLAGHER C/O BARBARA PENNACHIA requests a Wetland Permit to stabilize the base of the bluff by constructing 90' of double row 3' to 5' dia. (2 to 5 ton) rock revetment. Re-grade any disturbed areas reusing excavated materials and re-vegetate materials. Located: 14347 Oregon Rd., Cutchogue. SCTM#72-2-1 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 denoted following LWRP policy standards. The natural shoreline has an inherent natural~ sociaL and economic value that should be respected to ensure continnino, benefits to the town~ region and state. Hardenim, of the shoreline is to be avoided except when alternative means~ such as soft engineering alternatives are not effective. Often hard shoreline structures such as the proposed action can contribute to erosion both on and off the site due to poor design and sittine inhibitin~ the down drift remediation of sand. Soft structural protection methods are to be used to conform to the natural '~ coastal processes. Beach nourishment and re-vegetation are preferred approaches in controlling erosion because of the lower cost and fewer environmental impacts than hard structures. Hard shoreline protection structures ~ should only be allowed when a property is in dano. er~ and no other alternative will save the structure. The portions of the Town's shoreline that are not fortified should generally remain in a natural condition to respond to coastal processes. Therefore~ before a permit is granted for any hardened erosion control structure~ the purpose~ function~ impact~ and alternatives to the project must be carefully evaluated to determine whether the proposed structure is necessary and whether adverse impacts can be avoided or minimized. 4.1 Minimize losses of human lifea~d structures from flooding and erosion B. Use vegetative non-structural measures to manage flooding and erosion hazards. 1. Use vegetative non-structural measures which have a reasonable probability of managing flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. D. Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practical in providing erosion protection. 4. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. 5. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices 6. Practical vegetative methods have been included in the project design and implementation. 7. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. The applicant has not met the above criteria to warrant the use of hardened erosion control measures at this time. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. B. Maximize the protective capabilities of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 4. using practical vegetative approaches to stabilize natural shoreline features 5. managing activities to limit damage to, or reverse damage which has diminished, the protective capacities of the natural shoreline C. Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters D. ,4 limited interference with coastal processes may be allowed where the principal purpose of the structure is necessary to: 1. simulate natural processes where existing structures have altered the coast 2. provide necessary public benefits for flooding and erosion protection 3. provide for the efficient operation of water-dependent uses The a licant has ~ ~_ ~s~ ~ac~t.io.n.w_ill not incre~he erosion o~ oro~ertiesor otherlocations u t to 275-11and 111-15. ~ 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. § 275-11 Construction and operation standards. B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. (b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on neighboring properties. § 111-15 Erosion protection structures. The following requirements apply to the construction, modification or restoration of erosion protection structures: A. The construction, modification or restoration of erosion protection structures must: (1) Not be likely to cause a measurable increase in erosion at the development site or at other locations. The toe of the bluff on the subiect parcel is exemplary of long-term erosion conditions which is a slow process. It is evident that the toe of bluff is accreting (an accumulation of sand deposited at the base from the eroding bluff above)~ which contributes to the natural coast process of supplying sand to the down drift beaches allowing for the shoreline to come into equilibrium. It is further evident that the bluff face and top of the bluff suffer from (extreme) active erosion and therefore requires immediate action in stabilizing the bluff through non-structural vegetative measures. In the event that the proposed action is approved the following Best Management Practice (BMP) is recommended: l) Require that the applicant administer an approved planting plan to stabilize the bluff face and top of bluff, prior to any operations. The BMP recommended above will maximize the capabilities of the natural protective feature (bluffh further advancing LWRP policy standards 4.1 and 4.2. If the Agency~ (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. In the event the LkFRP Coo~*dinator's recommendation is that the actkm is inconsistent w/ih the LWRP, and the agent? makes a conlrary determination of consistenc?;, the wdenc? shall elaborate in writing the basis Jbr #x disagreement with the recommendation ~md slate the manner and exten! lo which the action is consisten! with the L WRP l)olic? xtandard~. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its svritten determination regarding the consistency of the proposed action. Office Use Ooly ~_oasl~l Erosion Permit Application .~Vetland Permit Application Adminislrative Permit __Amendment/Trans fq'fE xtra. 'on ~:'~ceivad App lic atigg :~j/~]~_(~ ~.,~_Keceived Fee:$ OQ~ ~f~mp leted Application !(-)[c~] I{~ __Incomplete __SEQRA Classification: Type I Type 1I Unlisted Coordination:(date sent) ~CA¢ }~efe~ Sent: i ItlHIO~. ~_---Dateoflnspection: I i~..~ !{5~' __Receipt of CAC Report: __Lead Agency Determination:__ Technical Review: ~'iblic Searing Held: I_,-~! ~OI0~ __Resolution: Name ofApplicant-'~OY'i5 ~-'~dl&Gh~ Address Phone Number:( ) ~q~0 - 9-t4! Suffolk County Tax Map Number: 1000 - ~/2 -,,~_ ~ ] Prope~oc~tion: /'~$'~-Z Oreqo~,a~d. (provide LILCO Pole #, distance to cross streets, and location) (If applicable) ] -- Address: P~ ~10){ 31~4i ~[([t~D~_l~-i ~k~y !lq4 rho~e: ~31-4Tl-l[qq of Trustees A~plicatio~ GENERAL DATA Land Area (in square feet): 37 /d~. 74 Area Zoning: '~/~lfl, l f;J Intended use of property: ,~.alal~ Pr/or permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. ~l~tOItO I/1 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): ,~'~'0_bt[7-~- base~ hl~ ~ Ca~eku&'ma qfi' d d0ubk row I of Trustees Applicatio~ Area of wetlands on lot: ~ ~ square feet Percent coverage of lot: ~ % Closest d/stance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No ~ Yes If yes, how much material/will be excavated? 13l~. cubic yards How much material will be fi~"[(J ~-'~} IgJrOA cubm y Depth of which material will be removed or deposited: IFtX~[[[ bt. et Proposed slope throughout the area of operations: Manner in which material will be removed or deposited~fjl~ 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): of Trustees Applicatio0 COASTAL EROSION APPLICATION DATA Are wetlands present within 100 feet of the proposed activity? No /~ Yes Does the project involve excavation or filling? No ~x~ Yes If Yes, how much material will be exeavated?~_~(cubic yards) How much material will be filled? O~0to~ ~-~--~14 ¥~.~bic yards) Manner in which material will be removed or deposited:~__ Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) -Plac.'~a 44~_ ~c[' 0X- t'l~ ~, O~ 44~a[~ will ' -' - .. -t .... ' ~ / 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by AFpIIcant or Prelect Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME COSTELLO MARINE CONTRACTING CORP. (CMCC) / DORIS GALLAGHER C/O BARBARA PENNACHIA 3. PROJECT LOCATION: Municipality CUTCHOGUE/SOUTHOLD TO~qq County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 14347 OREGON ROAD, CUTCHOGUE, NY 11935 SCTM #1000-72-2-1 5. PROPOSEDAGTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: STABILIZE BASE OF BLUFF BY CONSTRUCTING 90' OF DOUBLE ROW ROCK REVETMENT USING 3 TO 5 TON ROCK. REGRADE DISTURBED AREAS REUSING EXCAVATED MATERIALS AND REVEGETATE AREAS WITH CAPE AMERICAN BEACH GRASS. REPAIR EXISTING STAIRWAY TO BEACH IN-PLACE. 7. AMOUNTOF LANDAFFEGTED: Initially 0.! acres Ultimately 0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercia~ [] Agriculture [] Park/Forest/Open Space [] Oth~r Describe: PRIVATE RESIDENTIAL WATERFRONT 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: TOWN, NYSDEC, NYSDOS, ACOE 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if Yes, list agency(s) nan-~ and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-I Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE // Applicant/sponsor name'. ~ P. COSTELLO PERMIT MANAGER FOR CMCC Date: ~~ Signature: ~' ~ ~ I If e~acflon is in the Coastal Area, end you are a state aclefl~y, ¢omple~ theI I ,Coastal Assessment Form before procssdlng with this assessment , I OVER 1 PART II - IMPACT ASSESSMENT (To~ completed by Lead Agency) A DOES ACTION EXCEED ANY TYpE I THRESHOLD IN 8 NYCRR. PART 617.43 If yes, coordinate the rewew process aha use the FULL EAF. [-"~ Yes ["--] No B WILL ACTION RECEIVE COORDINATED REVIEVVAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 If No a negative aeciaration may be superseded by another involveo agency. C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answers may De handwritten if C 1 Existing a~r quality surface or groundwater quality or quantity, noise levels, exlssng traffic oattem, solid waste production or disPOSal potential for erosion ora~nege or flooding problems? Explain bndfly: C2, Aesthetic, agncuitural, archaeoleglCal, historic, or other natural or cultural resources; or community or nelghbor'nood character? ExJ~ain briefly: C3. Vegetation or fauna, fish shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdelty: C4, A community's e~ssng plans or goals as off. ally adooted, or e chaege in use or mtenaity of use of land or other natural resources? Ex=lain briefly: C5. Growth, subsequem oevelopment, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, shorn term CumulaUve or othei' effects not Identified in C1-C57 Explain bdefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D WILL THE PROJEC~ HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAusED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. iS THERE, OR IS THERE LIKELY TO SE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART lit - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) I INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with ~ (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreveraibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference aupporting materials, Ensure that explanations contain sufficient detail to show that all relevant adveme impacts have been identified end adequately addre~ed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the pro~_ _nO~d_ _ action on the environmental char,~c~e~;.~t, ics of the CEA ] Check this box If you have identified one or more potentially large or significant adveme impacts wfllch MAY occur. Then proceed directly to the FULl EAE and/or prepare a positive declaration. [] C hack this box if you have determined, based on the information and analysis above and any supporting docomentatJon, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~, the reasons supporting this petorminatior Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible offioer) COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · RO, BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393 / 477~0682 · FAX (631) 477-0005 AUTHORIZATION FORM (Name) (Business/Property Name) do hereby give Costello ~ne con~ing Co~. ~e au~ofi~ to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property. Date ~oard of Trustees Applicatioe County of Suffolk Stare of New York DEPosEs AND ~F~IRMS THAT HI~/SH~ IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND TI-LAT 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 M_AY 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 GR_ANTED} 1N 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 No. OICUGIO0$O7 Qualified in Sdfdk Count~ 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 , residing at ~/~_(y) C~to_~l~' being duly sworn, depose and say: That on the .2 day of ~'cim~. 200~, I personally posted the property known as by pi-acing the Beaird of Trusteestoffi~al poster/~here it'can easily b~seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held TI?-/~ Dated: Sworn to before me this Notar~Public ~ 1 o~ff ~blic, ~te of ~ew Yo~ No. 01CU6100507 Qualified n S~olk Doris Gallagher Oregon Road Cutchogue 12/2/08 D. Gallagher PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Paul Keber Kevin O'Mara Joseph Ricci Address: 128 Ralph Avenue, White Plains, NY 10606 64 East 86°a Street, New York, NY 10028 45 Matthews Lane, Cutchouge, NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK lANE COSTELLO , residing at 760 CHESll~R ROAD, SAYVILLE, NY 11782 , being duly sworn, deposes and says that on the 3T~ day of DE~:I~MBER ,2008, 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 their 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 GREENPORT, NY 11944 , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ,") "~- Day of~2~ 0 No~"v ~blic ~ ~IA M. CU~ Nota~ ~blic, S~te of Oualffied in Suffolk ~1~ Certified Fee postmark E:~ Return Receipt Fee ~.";' 90 Hem (EndoTSement Required) ~ c~tag~& Fees $ .~.--~ 12/03/2008 ~-~(' ~- ~i Po~e [~.~_~....~.~~...~ ........... .....-.-1 ~ Re~ Oel~ Fee ~0 · 00 m ~'"P~f2C ~ a L Cer titieq Fee $2 · 70 Return Reeelpt Fee '2.20 (Endorsement Required) Restricted De~e~y Fee $0 (EndorSement Required)  , ~ 12/03/2008 Total Postage & Fees Sent T~ -- / ~/r~-~t7 ~t: .: ............................... [or~O~o~. ~ %tOl~ ~t.~U~ ................ ~ ........ 1 0944 02 Postmark Here Total Postage & Fees $ ~"-~ 12/03/2008 ~.,~ ........ i~a-- ............................... :o_.~. -~o'~'~.'~A~..~*L...&2.~ ............ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Doris Ga.],~ag~er SC~ # 1000-72-2-1 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Stabilize the base of bluff by constructing a 90' double row rock revetment using 3' to 5' diameter (2 to 5 ton) rock. Re-grade any disturbed areas reusing excavated materials Re-vegetate areas with Ca~e American beach grass Modify existing stairway end to beach as needed, in- pla~e. Environmental Review is located adjacent to and is described as follows: That the property which is the subject of your property 14347 Oregon Road, Cutchogue, N~ 11935 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on Dec~-~er 10, 2008 at 6:00pm. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Doris Gallagher o/o Barbara Pennachia 49Maplewood Avenue Selden, NY 11784 Enc.: Copy of sketch or plan showing proposal for your convenience. I I e~ , Town of Southold LWRP CONSISTENCY ASSESSIVYENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete riss CC:%Iw proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law assessment is intended to supplement other information used by a To,~m of Southold agc~cy making a determination of consistency. *Except minor exempt actions including Building and other ministerial permits not located within the Coastal Erosion Hazard A rea. Before answering the questions in Section C, the preparer of tiffs form should review the minor action list, policies and explanations of each policy contained in the Town of $outl~old Waterfront Revitalization Program. A proposed action will be evaluated as to its beneficial and adverse effects upon the coastal area (wi'rich includes all of Southold Town) .3. If any question in Section C on this form is answered "yes", then the proposed act/on may a£t~zc[ tt~c achievement of the LWRP policy standards and conditions contained in the consistency rcvtcxx !zxxx Thus, the action should be analyzed in more detail and, if necessary, modified prio~ to nl;tklng :1 determination that it is consistent to the maximum extent practicable with thc I.WR? p~)lic7 standards and conditions. If an action cannot be certified as consistent with the LWRP polio2, standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: onhne at the Town ofSouthold s ~ cbs c (southoldtown.northfork.net), the Board of Trustees Office, the planmng Department, axil loc~tl libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [~ Board of Trustees? Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planmng activity, agency regulation, land ~ansaction) (b) Financial assistance (e.g. grant~ loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action:' Site acreage: , Present 1~d me: If~ ~p~cafion for ~e prop0s~ ~fion h~ be~ fil~ M~ ~e Tom of Sou~old agency, the following (c) Telephone nmb'eri (d) Applica~n nmbg, if my: Will ~e ac~on be d~fly ~de~e~ r~e ~g, or appmv~ by a state or federal agency. Y~ ~ N; ~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development In the Town of Southold that enhances community character, preserves open space, makes effictent use of Infrastructure, makes beneficifil use qf a coastal location, and minimLzes adverse effects of development; See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes 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 I~ Not Applicable .~l~a~ · ~ttaCh additional sheets if necess0 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources frOm flooding and Se.c~on III - Policies Pages'8~through;16¥~P' evldUati°n' ~riteria' ~', ',., erosion. See LWRP '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, eYa!uation,criteria : · .; Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Signfficant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes A~ch add/honal sheets if n~eSSary · ,: Policy 7. Protect and improve ai~:qualitY~in'tl~e T~wn of Southold. See LWRP Section III - ?olicie$ 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. No ~ Not Applicable "~eo~ ~ A~It..~ Yes 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. No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes L_~ No ~-~ Not Applicable ~a'~o_ .'~/'¢ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ~he Peconic Estuary and Town waters, See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy. 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~]Yes V-~ No ~ Not Applicable-"'- ~rt~a .~t'~' Anach 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. Created on 5/25/05 11.'20 AM Date: To: Pmlmseh October 23, 2008 Southold Town Trustees and Mark Terry Construct double row of 90' rock revetment using 2 to 5 ton rock. Re-grade any disturbed areas reusing excavated materials and re-vegetate area. DEVELOPED COAST POITC[ES Policy ! Foster a pattom of development in the Town of Southold that enhances community character, preserves open spac~ makes efficient use of iofrastnJct~re, makes beneficial use of a coastal location, and minimizes adverse effects of development. Our proposal will be consistent with the surrounding properties. The adjacent properties have been approved for similar construction. The proposal will have no impact on open space or compromise the infrastructure of the Town of Southold. Policy 2 Preserve historic resources of the Town of Southold. Our pmpesal will have no impact on the historic resource of the Town of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal is consistent with the area. The pmpused revetment will not have much impact on the visual quality or scenic resources of the Town. The rock is a much soft;er natural appearing structure. NATURAL COAST POI TC[ES Policy 4 Minimize loss of life, ~bdctores, and natoml resources from flooding and erosion. The proposed revetment is an effort to control the erosion on this property. This property and the adjacent properties are attempting to stabilize the toe of bluff to prevent further erosion dudng extremely high tides or storm fides. The structure is approximately 28' landward of the high water mark so it does not impede onto public lands. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecesyst~m. Our proposal will not have any effect on the quality and function of the Town's ecosystem. The retaining wall will be constructed approximately 28' landward of the high water mark. Policy 7 Protect and Improve air quality in the Town of SouthoM. Our proposal will have no effect on the air quality in the Town of Southold, Policy 8 Minimize environmental degradation in the Town of Southold from solid waster and hazardous subo:~nces and weste~ Our proposal does not involve solid or hazardous waste. PUBITC COAST POITC[ES Policy 9 Provide for public access to, and recreational use of, coastal waters, puMic lands, and public resources of the Town of Southoid. The revetment will have no effect on public access to coastal waters, public lands or public resources. The retaining wall will be constructed approximately 28' landward of the high water mark allowing enough space for the public to walk along the beach if desired. WORKING COAST IN)ITC[ES Policy 10 Protect the Town of SouthoM's wator-dependeut uses and promote siting of new water- dependent uses in suitable locations. Policy 12 The revetmenti wlll~bilize the toe of the bluff. Maintaining the integrity of the bluff so that the property owners will safely be able to use the staircase to access the beach so that they can engage in water dependent activities. Otherwise the proposal will not provide for new water-dependent activities in this area. Promote sustainable use of Iivin~j marine resources in the Town of Southold. This proposal will have not any effect on the living madne resources in the Town of Southold, Protect agricultural lands in the Town of SouthoM. This proposal does not involve agricultural lands. Promote appropriate use and development of energy and mineral resources. This proposal does not involve the development of energy and mineral resources. COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING ° STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P,O, BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 December 10, 2008 Lauren Standish Southold Town Trustees PO Box 1179 Southold, NY 11971 DEC 12 RE: Gallagher Property - 14347 Oregon Road, Cutchogue SCTM# 1000-72-2-1 Dear Lauren: Enclosed are the following items, in regards to the above-referenced client, for your files: · Check #4243 for the amount of #200.00 to cover the Coastal Erosion Application fee. · Revised plans showing the Coastal Erosion Hazard Line and the bluff revegetated. · Affidavit of Posting with photographs · Proof of Mailing of Notice with copy of items sent to the adjacent property owners If any other information is needed, please do not hesitate to contact me. Sincerely, Permit Manager Enclosures APPROVED OARD OF TRUSTEE5 OWN OF SOUTHOLD 4~r. 7000-072-02-001 cGUARANTEED TO: MICHAEL J. GALLAGHER DORIS GALLAGH£R TRUSTEES CALLACHER FAMILY TRUST N/F ~XTER PROPERTIES, INC. ~10,0 SURVEY OF DESCRIBED PROPERTY SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: MICHAEL d. GALLAGNER DORIS GALLAGHER TRUSTEES GALLAGHER LIVING TRUST N/F BAXTER PROPERTIES, INC. CONC. COVER -0,8' SURVEYED: 19 JUNE 2002 SCALE 1"= AREA = 37,102.94 S.F. OR 0.870 ACRES SURVEYED BY STANLEY J. IS~AKSEN, JR. P.O. BOX 294 NEW SUFFOEK. N.Y. / NYS LicJ/N~:'~9'2'~ 02Rl141 DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~:S-V,~ZQUEZ SECRETARY OF STATE MEMORANDUM TO: Mark Terry, LWRP Coordinator, Town of Southold CC: Lauren Standish, Southold Town Trustees FROM: SUBJECT: DATE: Jennifer Street, Coastal Resour~i~[ecialist, Consistency Review Unit, Division of Coastal Resourcesl ~/'~J F-2008-0723 ~ U.S. Army Corps of Engineers/New York District Permit Application Doris Gallagher, Install 90' of rock revetment at base of bluff, re-grade disturbed areas and re-vegetate bluff. 14347 Oregon Road, Cutchogue, Long Island Sound. October 10, 2008 OCT i z Enclosed is a copy of the Federal Consistency AsSessmenkform and permit application for the above-referenced project for your information and pr~llminary review for LWRP Consistency. Please contact me, the DOS reviewer assigned to this project, at (518) 474-1737 (e-mail: Jennifer. Street~dos.state.ny.us) to discuss applicable LWRP policies and concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved Town of Southold LWRP. We would appreciate hearing from you on this proposed project within 30 days (November 10, 2008). If we do not hear from you by that date, we will presume that you have no objections to the proposed project. Encl. /ils cc: COE/New York District: Stacey Jensen NYSDEC Region 1: Matthew R. Penski WWW.DO$.STATE.NY.US * E-MAIL:INFO~DOS.STATE.NY.US  JOZNT APPLlrCATZON FORM ~ For Permits/Determinations to undertake activities affecting streams, waterways waterbodies, wetlands, coastal areas and sources of water supply. New York Separate Permits/Determinations must be obtained from each involved agency US Army Corps of State prior to proceeding with work. Please read all instructions. Engineers (USACE) Check All That Apply: 2. Name of Apl~licant (use full.~gme~. .... ~pplicant must be (check all that apply): ~;fo ~ E~'wner [] Operator NYS Depatt~ent of Environ- ~/~~ ~M~/~ ~ Lessee ~ Steam Disturbance ~ ~~ ~V~ ~Dams and impoundment 3. Name of Facili~ or Prope~ Owner, ff diffe~nt than Applicant ~oad ~0~ ~dal Wetlands . ~oas~l Erosion Management Post O~ce Ci~ State Zip Code Telephone (da~ime) Email ~F~h ~nt~l Post O~ ~ State Zip Code Tel~hone (daytime) Email US Army Corps of Engin~rs 5. Proje~ / Facili~ Name Prope~ Tax Map ~n / Bilk / ~t Number ~ Se~ion ~4 ~n Water A~ /o Oo- ~_ ~ationwide P~it~s) - ~denti~ Numa,s): S~te Own~ ~nds Under Water) ~ ~ NY ~ ~ ~ ~ Util~ E~ment (pipelines, Town / Village / ~ ~unW ~ DOC~, ~ngs or Pla~s Name of USGS Quadrangle Map Stream/Water ~y Name NYS De~t of ~1 ~nsi~nw ~n C~ina~: En~r N~S in ktlomete~ OR ~ti~de/~itude in deg--, minutes, s~s Zf appl~nt ~ ~t ~e ow~r, both mu~ s~n t~ appl~a~n. ~ he,by a~rm ~at in~aUon pmv~ed on ~is ~ and all a~n~ ~bm~ S~on 2L0.45 of ~e Penal ~w. FurOr, the appli~nt a~p~ ~11 ~po~ibili~ ~r all damage, fll~ or i~l~, of w~ver ~m, and by w~mever su~d, a~ing out of the pmj~ de~ib~ he,in a~ ~s to indemni~ a~ save ha~l~ the 5~ ~m su~, ~, damag~ a~ ~ ~ ~ name and d~ption m~lting f~m ~ld pmje~. ~n addition~ Fede~l ~w, 18 U.~.C., ~on 100~ pmvid~ ~r a fi~ ~ ~t up a ma~l ~; or knowingly mak~ or uses a ~lse, fi~us or ~udulent ~ement. 5~m of ~pl~nt Printed,Name ~. Tit~ Da~ Slgna~ of Owner Pr~t~ Name ~~ ~Ue ~te ]OZNT APPLZCATZON FORH 05/0~ 3OINT APPLZCAT[ON FORM - PAGE 2 OF 2 Submit this completed page as part of your App ication Project Description and Purpose: Provide a complete narrative description of the proposed work and its purpose. Attach additional page(s) if necessary. Include: description of current site conditions and how the sito will be modified by the proposed project; structures and flu materials to be installed; type and quantity of materials to be used (i.e., cubic yds or square ft of fill material below ordinary high wator, or of structures below mean high water); area of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipment to be used; pollution control methods and mitigation activities proposed to compensate for resource impacts; and where applicable, the phasing of activities. Pm~esed Use: ~rivate [] Public [] Commercial Will Project Occupy Federal, State or Municipal Land? [f yes, p ease specify. Has Wor~ I~gun on Project? [~1 Yes [~._.~NO If Yes, explain. Proposed Start Date: IEstimated Completion Date: 8. L~st Previous Permit / Application Numbers (if any) and Dates: 9. Will this project require additional Federal, State, or Local Permits [~Yes [] No including zoning changes? ~-."/5 :De=, ~-~¥S-~;~, ~o~, ~., [f Yes, please gst: ~'~GION i Stony Brook -1REGION 2 Long Island City --1REGION 3 New Palt:z --~REGION 4 Schenectady --1REGION 4 Stamford Sub-Offise to which you are filing an application. For Agency addresses and areas covered, refer to the Agency Contact Information on the Application Instructions - Page 2. [~NYS Department of Environmental Conservation BREGiON 5 Ray Brook REGION 5 Warroesburg Sub-Office E~REGFON 6 Watertown r--]REGION 6 Utica Sub-Offise ~US Army Corps of Engineers [~Y District, NYC r-] Ny District, Watervliet E_-] Buffal0 District E~REGION 7 Syracuse [~REGION 7 Cortland Sub-Office ORC-GION 8 Avon r~REGION 9 Buffalo E~REGION 9 Alleqany Sub-Office ~YS Department of State E]NYS Office of General Services For Aqencv Use Only (Agency Name) ~gency Representative: Name (printed) Signature 3OZI~'T APPLICATION FOR~I 05/08 DETERMINATION OF NO PERf4Fr RE(~UIRED A~Jency Project Number has determined that No Permit is mqUirod from this Agency for the project described in thb application. TiUe Date Application Form Page 2 of 2 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPMCANTISPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality ~'c~ 7~-~ ~,-~ ~.~ County ~O~F~IC 4. PRECISE LO~TION (S~eet a~r~s and r~d inteme~ions, prominent landman, etc., or pfovi~ map) //~ ~.~.~- /~-7~ - ~- / 5. PROPOSE~CTION IS: ~ ~ E~nsion ~ M~tio~aRe~tion 6. DESCRIBE PROJECT BRIEFLY: .~-4..~vc/~ ..~=~.~ o~' 7 AMOUNT OF LAND AFFECTED: Initially ~:% / acres Ultimately O. ! acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9 WHAT,~IS P~ESENT LAND USE IN VICINITY OF PROJECT? L_~Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: ~:~t~/.~7~' "~--~/r~/~,c~ ~ J.<J~/~.~F~<:~.~.~'' 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FED.~AL, STATE OR LOCAL)? BYes [] No If Yes, list agency(s) name and permit/approvals: l 1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~o If Yes. list agency(s) name and permi~approvals: 12. AS A RESULT OF PRO~SED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~No I CERTIFY THAT TFJE INFORFATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNO1/A.EDGE I If the action is in the Coastal Area, and you are a state a~lency, complete the I Coastal Assessment Form before proceeding with m assessment I OVER 1 P~_ 0 be corn leted b Lead A eric A. DOES ACTION EXCEED ANy TYPE I THRESHOLD IN 6 NYCRR PART 617 4~ If yes ' - -- [] Yes [] No , - - , coord~nste the rev~w process and use the FULL FAF. B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. r-1 []No C. CcO1U. LF~x~Afi~OaiNr qRuEa iSi b~ L Ts~lr~aAo sNY~ A_Dro uV~n ~R S _E. _E FFE..C~.s ASSOCIATED WITH THE FOLLOWING: (Answers may be handwtitten, if legible) .' y, ~J owa[er qualr[y or quant~y, noise levels, existing traffic pattern, solid waste product/on or disposal, potential for erosion drainage or flooding problems? Exp a n brie - C2 Aesthetic, agncaltural archaeoleg ca, h stonc or other natural or cultural resources, or community or ne~ghben~ood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Ex~lain I~riofly~ C4. A community's existing plans or goals as officlalty adopted, or a change in use or intensity of use of land or other natural resources? Expla n briefly: C5. Gre~vth, subsequent development, or related activities likely to be induced by the proposed ~ctioa? Explain briefly- C6. Long fan,n, short term, cumulative, or other elfects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or lypo of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITIC.a ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly:. ~, OR iS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS~ [] Yes [] No If Yes. explain briefly: - PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise signifcanL Each effect should be assessed in connection v,~th its (a) setting (i.e. urban or rural); (b) probability 6f occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fi magnitude. If necessa,~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been IdenlJfied and adequately addressed. If question d of part ii was checked yes, the determinat/on of sign/fica nco must evaluate the pol~'~fial im pact of the proposed ac~on o n the environmental characteristics ofthe C E/L Chec~ ttss box if you have identified one or more pofenfially large or s~Jnificant adverse impacts which MAY occhr. Then proceed directly to the FUU EAF and/or prepare a positive declaration. [] Check( this box if you have determined, based on the information and analysis above and any supperting documentation, that the proposed actio ~LL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~; the masons supporting th~ determination. Name of Lead Agency Date Print or Type Name of Rospons!ble'Officer in Lead Agency ' "' T~,e of Respoos~ble Officer Signature of Responsible Officer in Lead Agency Signature of Pre~oarer (If diiferent Irorn reslxxlsible officer} Reo'6/Coas~ai Resource,'. ~ YORK STATE Dt~'AR'I'MEIC OF STATE COASTAL MANA~ PROGRAM F,,d,,r~l ~'~%tency Assessment Form An applicant..~4~in~ ap~i~, I/cerise, wa/vet, cer~flc~on or ~,rmlar lype of approval f~m a fede~l s~ency which /s subject to the N~w yo~k StaIe Coastal M~ Program (CMP), ~1 complete this as~'"m~ f~ f~ ~ is c~,~s~t,=a ~ New York Sta~'s ~ as ~u~l by U.S_ Delnv'mmt of _Commerce ~g,,~,ni~s (15 CFR 930.57). It should be applic~iea is ~,~,ared. The l)el~O",~t o£St~te will use ~he comp! _,~a_ fo~m ~nd acCOmlnnying inform~ion in i~s re~i~'w off'he ~0pl/,'~es ce~itlc~/on of ~- B. PROPOSED ACTIVITY C. COASTAL ASSESSMENT C~eck either ~irES' or "NO" for each of these questions. The numbers following each queslion refor to the policies described in the CMP document (see foomote on page 2) which may be affected 1. Will the proposed activity result in imy of the following:. YES NO a_ Large physical eh,m~ tO a sito within the coastal area which will require ihe pmporefion of on envimnm,-.~i~l impact statement? (11, 22, 25, 32' 37, 38, 41, 43) ................ b. Physical aliranllon of mom ~h~m two acres of land along the shoreline, land undor wator or coastal waists? (2,11,12,20,28,35,44) .......................... a R~vi~i-mlon/mdevulop,~,,,t ora di~iorat~ or ondenailized wat~f~ont site? (I) ...... d_ l~_~-~ionofexisfingorpotmfialpublicaceesstooralongcoaslalwate~? (19,20) ...... e. Advorseeffectuponthecommorcialorrecreafioonlmeofceastalflshresourees? (9,10)... i Siting of a ~il~y essen~al tO the exploration, developmeat and production of mergy resonrces in ceasml waters or on the Outor Ccafinea~ Shdf? (29) ................... i- Siting ora f~dlity es~,,~s~ to the gonenaion or tnosmission ofem~gy? (27) ........... h. I~inlng, excav~on, or dnxL-fn~g activities, or th~ placement of dredg~i or fill mamial in co~a water. (15, 35) .................................................... i. Dischargeoftoxic~,hazordoussubstaneesorotherpollutantsinWcoas~alwaters? (8, 15,35) Dr~6ningofs~wt/a~ronofforseworovorflowsintoco~talw~7 (33) ............ Transport, storage, treato:l~alt, or disposal ofsolid wastes or ha:~ardous m~a6als? (36,39) _ L Adveme effect upon lond or wator uses within th¢ Stale's small harbots? (4) 2. Will the proposed activity altect or be located ia, on. or adjacem to any ofthe following: YES NO a_ State designated fxeshwator or tidal wetl~d? (44) ................................ b. Federally deaignmed flood and/or state desi~med orosion hazard area? (11, 12, 17,),_... ff' c_ State desi~ated si~rfficant fish and/or wildlife habitat? (7) ........................ __ d_ S~alede~ignntedsigniflc~tsceaicresoureeorarea? (24) .......................... __ ff' e. S~atedesi~ntedimportantagfieulturallands? (26) .............................. t Beach, done or barrior island? (12) ........................................... ~ __ g. Major ports ofAlbony, B~ffi'alo, Ogdensbm'g, Oswego or New York? (3) ............... __ ~" h. Slate, couaty, orlocalpark? (19,20) ........................................ __ i. HistoricresourcelistedontheNafionalorStateRegisterofHistoricPlaces7 (23) ........ 3 W'fll the proposed activity require any of the following: YES NO t Wa~f~mtsi~? (2,21, z2) ................................................. ,,-_ b. Provim'on of new pub!lc sorrices or infrastructure in undeveloped or spar*ely populated seelions of the coastal area? (5) ............ *. ................................. ~' c. Co~amctio~orreconstruc'dca~ofafloodorerosionconlrolsh-uctore7 (13,14,16) ....... ~ d. Stamwate~qualitypetmitoreeaifimic~a? 00,38,4O) ................... : ........ / e. StamairqualityI,~a~itorcortificafion? (41,43) ................................. __ / 4. Will the proposed aclivity occur within axil/or affect on orea covered by a Stal~ approved local wate, ffrom revJW~i,m~on pror~m? (see pulides in local program doo~,~,t) .............. __ ~ D_ ADDITIONAL STEPS 1. ff all ofthe questions m Sectic~ C are amwered ~NO~, then the applic~at °r agen~ ~I ~1~ S~ E ~xd submit the documentafic~ reqtfired by Sec'lion F. If any of the queslions in SeC~ on C are answered ~ ", then the ~q~pHcan~ or ~ ~ ~ to ~t ~e C~, ~ ~ ~ ~e 1~ ~t re~ ~ d~*. ~e ~s~ ~ ~ ~ ~yz~ ~ mo~ ~ ~ ~ ~ ~e ~p~le s~ or 1~ ~ ~d~. ~ a ~e ~s~ ~e ~5~t or ~t s~: (a) id~, ~ ~ ~ n~, ~ ~ ~id~ ~ ~ ~ ~ ~, ~) ~y ~ &e ~ of ~e ~fi~W ~n ~e ~fi~; ~& (c) ~ how ~e ~dW ~ ~ ~ ~ ~h~. FoRo~g &e ~t~ offs ~R~ ~s~g ~e ~h~t ur ~m~ ~" ~1~ S~on E ~d su~t ~e d~ r~rM ~ ~ F. E. CER'i]YiCATION The applicant or agmt must certify thai the proposed activity is consistmt with the St~'s CMP orthe approved local waterfront revivalizmion program, as appropriate. Ifflxis certification,~m',not bc made, the proposed ac6vitv shall not be undertake. If this certification can be made, complete this Secfio~ "The propazed activity eomphes with New York State's approved Coastal Mmaagetaeut PrOglam. or w~th applicable approved local water, om revjtuli~ion program, and will be conducted in a mm'mm' consistmat with such program" Telephone: AreaCode(~lt ) 4t"7~-//'q~ F. SUBMISSION REQUIREMENTS 1. The applicant or agent shall submit the following documents to the New York Sta~e Department of Stale, Division of Coa.qal Resources, 41 State Street - 8th Floor, Albany, New York 12231. a. Copy ofod~nal signed form_ b. Copy of th~ completed federal agency application. c. Oth~ available informafico which would support ~ae certification of consistency. 2. The applicant or agent shall also sutnnit a enpy of this completed form along with his/hex applic~ion to the federal ageacy. 3. If the~ are any questions regarding the submission of this form, cc~tact lhe Department of Stale at (518) 474=6000. C:~OFFIC~WPWI~WPDOCb~ea~ (r~'vis~l 10/1~99) Date: Re: CoM~I Policy #44: Presezve and protect tidal and freshwater wetlands and preserve the be[~ derived from these areas. · _~_,.~.~_,~- .~,,~.v~-T",.~,~/~.,7.:. Coastal Policy #2: Faci;;tate the siUng of water-dependent uses and facilities on or adjacent to coa=:-i waters. Coa~tdl Policy #21: Water-dependent and water-enhanced recreation will be encoura~-~l and ~acilitated, and will be given priority over non- ~"~,~.,~ ~:/~z"~: Coastal Policy #22: Develolxnent, when located adjacent to the shore, will provide for water-rdated ~ whenever such use b compaUble ~,;;;, reasonably anUcipat~l demand for such a~;,iUes, and is compot;~le wiU, the primary purpose of the development.* Coa~i Policy #13: The cor~;adcl:ion or reconstruction of e~osion protacUon ~t, dctures shall be undertaken only if they have a maintenance or replacement programs. Coa~,:-.i Policy #14: Activities and development, including the con~rucUon or recon~,.ction of erosion protecUon ~.ctures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the sit~ of such acl~iGes or development, or at other Io~ltJo~s. 7//~'-~- au/cc. ~.~/o /~,/~--~ /,~ ~-'/~/o--~ Coaxial Polio/#16: Public funds shall only be used for erosion prol~c~ve structures where necessa~/go protect human life, and new development which requires a Io~ion wH;dn or ad~oant oan erosion ~ area go be able tn function or existimj development; and only where the public benefits outnm~igh the Iomj ~ monetary and other costs including the IX)tential for increasing erosion and adverse effects on natm-al protective features. Local:ion: /4:547 Re: ~1PolkSes # /_9.... COASTAL POLICY//12: ACTIVITIES OR DEVELOPN[ENT IN TI-lB COASTAL AREA WILL BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION BY PROTECTING NATURAL PROTECTIVE FEATURES INCLUDING BEACHES, DU~rNrES, BARK[ER ISLAND AND BLUFFS. ?,-/oeo '~'~-/..~r/~,~--,. Please provide compleie answers to all ques~ons beiow which are relevant t° yom'project. Any answe~ may be continued on separa~e sheet(s) of paper to be PRIVACY ACT STATEMENT n~gula#on. ~ to provide compleie infomm~n may result in your appi'~alion being declared incompl~e for processing, thereby delaying processing of your application. GENERAL-APPLICABLE TO ALL PROJECTS 1. Explain the need for, and purpose of, the proposed wodc 2. Provide f~e names and addresses of property owners adjacent to your w°rk site (if not shown of the applicatfon form or project drawings). (Please no~e ~ depending upon the nature and extent of your project, you may be ~ques~d ~o provide the names and addresses of ad~dional propetty own~s provfde a ~ n~ of pho~ so as m provide a clear understa~ng 4. Provide a copy of any envftonmen~ impact :,~;~ment, or any other ~mental report whJch was prepared for your project. (comfnued on next page) Paee~ (camarm~ ~ ~2 embankmen~ bulktmad, etc.) and whethe~ return flow from the dev~~ si~ would reenter any v,,.;~ray. Also indicate ff fhe~e_ would be any ba~e overflow. MOORING FACILITIES /,/ //~ Answer ~e fMlowing lf your project includes the con~ ,cgon or n~hab~;;on of 1. It is generally recommended b~at any fi~ed piers and walk ramps be limited to four feet in w~;;,, and that floats be limiMd ~o eightY,erin wfdth and rest at least ~ow feet above f~e w,.;,=tway bot~m at mean low water. Tenninal floats at prfvate, reason(s). 2. Us~g your plan view, show to scale the Ioca~on(s), position(s) and size(s) ('including leng~, beam and d, ,,'O of vessel(s) ~o be moored at the proposed facEiiy, including those of transient vessel(s) ff known. 3. For ~ mooring sims such as marinas, indicaJe the capaGi~ of the facEity and indicaMd on ~e plan view #~e location(s) of any propgzsed fuegmg and/or sewage pumpout ~ l[ pumpout faciFd~s are not planned, please discuss tile rationale below and indic~= f~e distance ~o the nearest ava~ble pumpout 4. Indic~;= on your plan Yiew the d;~Mnce to adjacent marine ;~&uctures, if any are pro,xfraq~e and show #~e Ioca/dons and dimensions of such s~uc~u~es. (con'dnued on next page) 5. Discuss fJ;e need for wave protec~ at the proposed facili~y. Please be adv~sed ~ ~ a ~[t is issued, you would be required to recognize that the m°°"~ ~ n~y be su~ ~o wave ac~don from wakes of passing vesseis. you or ensunng me integ~y of the authorizafion ~,;~dcture(s) slmcture(s) and vessels(s) moored thereto from wakes from passing BULKHEADIN~K STARU ~4 TION/F~ ~ *NG AC77VIT~_ Answer the f~km~ng if your project includes cons~uctkm of bulldmading (also ~ lndicatethesource(s)andtype(s)off~lmateriaL · ,, ,.~-r~ucuon eq~omerd?. Ifso, pleaseind'~te~he ' - .... '~' ~'~ mmu anu snow on f~e plan and sec~fonal views. ~sintendedtoobvia~orreducethe mque~ed abmm and beyo~i what ~s ~ in lhis form. Please feel free ~o add any addilional ~ reganE~ ~our proje~t which ~oo~°