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HomeMy WebLinkAboutTR-7035BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7035 DATE: FEBRUARY 18~ 2009 ISSUED TO: GARDINER'S BAy HOMEOWNERS ASSOC. PROPERTY ADDRESS: GARDINER'S BAY ESTATES CHANNEL/BOAT BASIN SCTM#37-4-17 AUTHORIZATION Puysuant to the provisions of Chapter ~75 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 February 18, 2009 in consideration of application fee in the sum of $250.00 paid by Gardiner's Ba,/ Assoc. and subject to the Terms and Conditions as stated authorizes and permits the following: Wetland Permit to maintenance dredge (Ten-Year Maintenance) 1,000 cy. from main channel to -4' below mean Iow water and use spoil as beach nourishment, as depicted on the plans prepared by Costello Marine Contracting Corp. dated December 22, 2008, and with the condition the existing shoreline slopes are maintained where the dredge materials will be deposited in order to promote the use of the shoreline area by nesting shorebirds and other shore dependent species. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Gardiner's Bay Homeowners Assoc., c/o Frank Pirozzi, PO Box 4, East Marion, NY, as part of the consideration for the issuance of the Pemlit does understand and prescribe to the following: That the sai4 Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Perrnittee 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 heroin 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. That the said Board will be notified by the Permittee of the completion of the work authorized. That th.e Permittee will obtain all other permits and consents that ma~ be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 TeLephone (631) 765-1892 Fax (631) 765-6641 February 18, 2009 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Mr. John Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: GARDINER'S BAY HOMEOWNERS ASSOC. GARDINER'S BAY ESTATES CHANNEL/BOAT BASIN, SPRING POND SCTM#37-4-17 Dear Mr. Costello: The Board of Town Trustees took the following action dudng its regular meeting held on Wed., February 18, 2009 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of GARDINER'S BAY HOMEOWNERS ASSOC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated January 28, 2009, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 18, 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, 2 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of GARDINER'S BAY HOMEOWNERS ASSOC. to maintenance dredge (Ten-Year Maintenance) 1,000 cy. of sand from main channel to -4' below mean Iow water and use spoil as beach nourishment, as depicted on the plans prepared by Costello Marine Contracting Corp. dated December 22, 2008, and with the condition the existing shoreline slopes are maintained where the dredge materials will be deposited in order to promote the use of the shoreline area by nesting shorebirds and other shore dependent species. 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 mc nths of the date of this notification. Inspections are required at a fee of $50.00 per ~nspection. (See attached schedule.) Fees: None Very truly Yours, Jam~ F. King, Presid,,etit Board of Trustees JFK/Ims Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 11,2009, the following recommendation was made: Moved by James Eckert, seconded by Peter Young, it was RESOLVED to SUPPORT the Wetland Permit application of GARDINER'S BAY HOMEOWNERS ASSOCIATION to maintenance dredge 1,000 cy. of sand from main channel to -4' below mean Iow water and use spoil as beach nourishment. Located: Gardiner's Bay Estates channel/boat basin, Spring Pond. SCTM#37-4-17 Inspected by: Peter Young, James Eckert, Doug Hardy Vote of Council: Ayes: All Motion Carried James F, King, President Jill M. Dohe~ly, Vice-President Peggy A. Dickel~on Dave Bergml Bob Ghosio, Jr. PO. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: GARDINER'S BAY HOMEOWNERS ASSOCIATION requests a Wetland Permit to dredge 1,000 cy. of sand from main channel to -4' below mean Iow water and use spoil as beach nourishment. Located: Gardiner's Bay Estates channel/boat basin, Spring Pond. SCTM#37-4-17 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: __&King __J.Doherty __P.Dickerson __ D. Dzenkowski __Mark Terry__other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- Bay t-!omeowner$ Associaiol~ Dredgmg--r~as Marion !2/!9/08 GardineOay Homeowners Association Dredging~East Marion 12/19/0 8 liner's Bay Homeowners Associatior~ ging--East Marior~ l 2/19/08 GardineFs Bas Dredging--East Marion 12/19/08 tion Gardiner's Bay Homeowners Asso~m io~ Dredging--East Mar/on 12/19/08 c~ner~s Bay Homeowners Association Dredging-2~ East Marion 12/19/08 Gardiner s Bay Homeowners Associatlcm Dredging--East Marion 12/t9/08 Albert J. Krupski, President James I~ng, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 April 21, 2004 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Lawrence J. Matzen Gardiners Bay Estates Home Owner Assoc., Inc. P.O. Box 4 East Marion, NY 11939-0004 RE: GARDINERS BAY ESTATES HOME OWNER ASSOC., INC. SPRING POND, EAST MARION SCTM#37-4-18 Dear Mr. Matzen: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday, April 21, 2004: RESOLVED, that the Southold Town Board of Trustees APPROVE the request for an extension to the Five-Year Maintenance Dredging Permit #5003 for another five (5) years. If you have any questions, please contact our office at (631) 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ,~C.~ 0 ~,~ DATE: .t~¥ Z6, 1999 ISSUED TO GARDINER'S B~[f ESTATES HOME OWN.ERS ASSOC. Xutl nrizatinn Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893: end Chapter 404 of the Laws of the State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLAClNCo OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;!.'. and in accordance with the Resolution of The Board adopted at a meeting held on 19 99. , and in consideration of the sum of $.L~0.,.0.Q paid by Larry Matzen for G.B.E. Fi'.O.A of E~;.M~r~.~. N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: to renew their maintenance dredge permit to correspond with the DEC permit to dredge exist, boat channel 1,100' X20' to adep of 4' below MLW and that this permit run with the DEC permit .& expir ~,ti. on dater an ~n accoroance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these p.resents to be subscribed by a majority of +he said Board as of th~s date. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MARLING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for GARDINER'S BAY HOMEOWNERS ASSOCIATION SCTM#37-4-17 Costello Marine Contracting Corp. on behalf of GARDINER'S BAY HOMEOWNERS ASSOCIATION requests a Wetland Permit to maintenance dredge (10 year maintenance) 1,000 cy. of sand from main channel to -4' below mean low water and use spoil as beach nourishment. Located: Gardiner's Bay Estates channel/boat basin, Spring Pond. SCTM#37-4-17 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Policy 10 Protect Southold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. 10.5 Provide sufficient infrastructure for water-dependent uses. A. Provide adequate navigation infrastructure. Dredging is an essential activity but with costs and impacts that require it to be undertaken only to the extent necessary to meet the current and future needs of water-dependent uses of the Town of Southold. The Town of Southold will work in cooperation with New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: Protect and maintain existing public and private navigation lanes and channels which provide access to the Town's water-dependent uses. 1. Protect and maintain existing public and private navigation lanes and channels which provide access to the Town's water-dependent uses. 2. Maintain necessary public and private channels and basins at depths consistent with the needs of water- dependent uses. 6.2 Protect and restore Sig~ant Coastal Fish and Wildlife Habitatl~ The location of the proposed dredging proiect is next to Orient Harbor, a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting. 5.3 Protect and enhance quality of coastal waters 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. To further advance the Town of Southold's LWRP policy standards referenced above, the following Best Management Practices BMP's are recommended: 1) 2) 3) The deployment of silt boom surrounding the immediate project area prior to and during all intertidal operations. All operations (activities) associated with the proposed dredging project should occur outside of shorebird; breeding, nesting and fledging period (March 15th through August 1 gthk Maintain the existing shoreline slopes where dredge material will be deposited to promote the use of the shoreline area by nesting shorebirds and other shore dependent species. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7½' Quadrangle(s): Orient Harbor March 15, 1987 May 15,2002 Suffolk Southold Orient, NY-CT; Greenport, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Moderately shallow open water bay area; common in Peconic Bays area, but rare on Long Island. Eelgrass beds of statewide significance. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Osprey (SC) nesting. Atlantic ridley turtle (E), green turtle (T), loggerhead turtle (T) occur in the area. Calculation: 36 + (25/2) + (25/4) + (16/8) = Human Use (HU)- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: Commercial bay scallop shellfishery is significant in the northeast region of the United States. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: Concentrations of bay scallops significant in the northeast region of the United States; waterfowl concentrations significant between county and regional level. Replaceability (R)--ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. R assessment: Irreplaceable. 64 56.75 25 25 1.2 Habitat Index = [ER + SV + HU + PL] = 170.75 Significance = HI x R = 204.9 Page 1 of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND W1LDLIFE HAB1TAT NARRATIVE ORIENT HARBOR LOCATION AND DESCRIPTION OF HABITAT: Orient Harbor is located near the eastern end of the north fork of Long Island, in the Town of Southold, Suffolk County (7.5' Quadrangles: Orient, NY-CT; and Greenport, NY). This area is approximately 1900 acres in size, consisting primarily of open water area in the harbor, along with an undeveloped tidal wetland ama and Dam Pond area on its north shore. Water depths in most of the harbor are generally less than 20 feet below mean low water. The harbor is bordered by much undeveloped land, including Orient Beach State Park to the east and south, and low density residential development on the west. FISH AND WILDLIFE VALUES: Orient Harbor is generally representative of the Peconic Bays ecosystem, in being a broad expanse of moderately shallow water. This habitat type is unlike the very shallow bays on the south shore of Long Island orthe relatively narrow bays on the north shore. The tidal wetlands area adjoining Orient Harbor are an important component of this ecosystem, contributing to the biological productivity of the area. The Harbor supports extensive, healthy eelgrass beds, of statewide importance. Orient Harbor is an important habitat for a variety offish and wildlife species. From November through March, Orient Harbor supports wintering waterfowl concentrations of regional significance. Mid-winter aerial surveys of waterfowl abundance for the ten year period 1975-1984 indicate average concentrations of over 500 birds in the area each year (1,825 in peak year); for the 1986-1996 period the annual average concentration of birds was almost 200 (354 in peak year). Species observed included American black duck, mallard, mute swan, merganser, scaup, goldeneye, buffiehead, oldsquaw, and Canada goose. Orient Harbor is also inhabited by several nesting pairs of osprey (SC) during the breeding season, which utilize man-made nesting platforms located in the salt marsh north of the harbor. The potential exists for additional nesting pairs at this site. Diamondback terrapin have been observed here but the extent to which the area is used by this species is not adequately documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. Orient Harbor is a productive habitat for marine finfish and shellfish. A 1996 Peconic Estuary Program study found extensive eelgrass beds fringing Orient Harbor, supporting abundant bay scallop populations. This area is one of the top scallop producing areas on Long Island, supporting a commercial shellfishery significant in the northeast region of the United States. Between May 15 and October 31, an administrative closure for shellfishing is in effect for the area immediately north of the Orient Yacht Club. Page 2 of 6 The harbor also serves as a nursery and feeding area (from April-November, generally) for many estuarine fish species, and is an important spawning area for weakfish, winter flounder, and scup. Recent research has shown that this general area may be an important summer feeding and nursery area for juvenile Atlantic ridley sea turtle (E). Atlantic ridley, green (T), and loggerhead (T) turtles have all been documented in this habitat. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality in Orient Harbor would affect the biological productivity of this ama. All species offish and wildlife would be adversely affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity or sedimentation, stormwater or mad runoff, and waste disposal (including boat wastes). It is essential that high water quality be maintained in the area to protect the bay scallop fishery. Unrestricted use of motorized vessels including personal watemraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and wintering waterfowl. Installation and operation of water intakes could have a significant impact on juvenile (and adult, in some cases) fish concentrations, through impingement or entrainment. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh), may result in the loss of productive areas which support the fish and wildlife resources of Orient Harbor. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Docks may be detrimental to nearshore eelgrass beds because of shading, and review of proposed new docks in Orient Harbor should be conducted with these potential impacts to eelgrass beds in mind. Restoration opportunities for eelgrass may exist in the bay if water quality parameters are appropriate, and should be explored. Page 3 of 6 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518) 474-6000 NYSDEC--Regionl State UniversiW of New York, Building 40 Stony Brook, NY 11790-2356 Phone:(631)444-0354 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (63 l) 444-0430 Finfish and Crustaceans NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631)444-0436 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852,2077 NYS Sea Grant Extension Service Comell Univemity Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phone: (631)727-3910 Page 4 of 6 Comell Coop6rative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 Paul Stou~nburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone:(631) 734-6605 Page 5 of 6 G A E R Office Use Only 3~/Cwoastal Erosion Permit Application etland Permit Application Administrative Permit R AmendmenVTrans fer/Extension e~vvad Application:~ eived Fee:$ ~Completed Applicafion~ __Lucomplete __SEQKA Classification: Type I___Type II Unlisted __Coordination:(date sent) ,"'~AC Referral Sent: I ~..~-ate of Inspection: __Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~ublic Hearing Held: __Resolution: Phone Number:( ) Suffolk County Tax Mar Number: 1000 -, ~'7-4 ' [ 7 P~opem, Looation: 6~rA,~,.('..-g,uI ~-.hks. r~.~l ~rovid~ ~ILCb Pole ~, dismce to cross s~eets, and location) ~fapplicable) I - ~ of Trustees Application Land Area (in square feet): Area Zoning: rjr- 40 Previous use of property: Intended use of property: GENERAL DATA Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any perm/t/approval ever been revoked or suspended by a governmental agency? ~X No__ Yes If yes, provide explanation: Project Description (use attachments if necessary): 10 ?&¢ l{((1]~A~..JNlt'[~_ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOVCN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of GARDINER'S BAY HOMEOWNERS ASSOCIATION COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at 31..,0 ("'l,u.slr~ ~t."[, ~t{le_ being duly sworn, depose and say: That on the t( day of 1:Eh ,200c~, I personally posted the property known as by placing the Boardt of Tmstee~ official poster wh~re it c~tn easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of hearing noted thereon to be held Wed. February 18~ 2009~ on or about 6:00 PM. Dated: Sworn to before me this C~{J ~l~day off. e jo 200 ~e Gardiner's Bay Homeowner's Association Dredging Posting 2/11/09 Gardiner's Bay HOA PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Gardiners Bay Club, Inc. Thomas Aprea Maureen Mooney Joan Egan Reilly Family Revocable Trust c/o Paul Reilly Grant Lennox Gladys Milne Isabelle Houlbreque Address: PO Box 4, East Marion, NY 11939 172 Golden Beach Road, Golden Beach, FL 33160 89 Pershing Avenue, Locust Valley, NY 11560 PO Box 777, East Marion, NY 11939 10305 SW 99t~ Street, Miami, FL 33176 PO Box 33, Glasser, NJ 07837 PO Box 294, East Marion, NY 11939 1230 Ogden Street, Denver, CO 80210 STATE OF NEW YORK COUNTY OF SUFFOLK JANE COSTELLO , residing at 760 CHEb~ eR ROAD, SAYVlLLE, NY 11782 , being duly sworn, deposes and says that on the 11TH .day of FEBRUARY ,2009, 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 (certified) (registered) mail. CYNTHIA M. CUSATI Notary Public, State of New York ~o. 010U6100507 Ouatif ~'~d in Suffolk C:un~ Commission Expires Oct 20"~ { that said Notices were mailed to each of said persons by Thomas Aprea 172 Golden Beach Road Golden Beach, FL 33160 ~009 R,~,~.~ Poslage rtl [:~ Cenifleq Fee Return ReneipJ Fee (Endorsement Required) Restricled Delivery Fee (Endorsement RequiTed) Total Postage & Fees c~'-' ls~'tr° Gardiners Bay Club, Inc. r,- ~'~-t:~a: PO Box 4 or~osox~o. East Marion, NY 11939 m Postage Certified Fee Return Receipt Fee (Endorsement RequiTed) Restricted Delivery Fee (Endorsement Required) TO~{ Rostago & Fees ~5.49 02/I 1/~309 Iso,,ro Joan Egan [or~O'.o~t¢o. PO Box 777 East Marion, NY 11939 ~ ~ :, 0944 ~ Restricted Oellve~ Fee $0 · O0 / g {~,ro Ma~een Mooney ~ r~&~:n~:, 89 Pershng Avenue Locust Valley, NY 11560°~v°~°~°' $0.00 Total Postage & Fees ~ S ~ Grant Lennox PO Box 33 Glasser, NJ 07837 0%4 ~,05 = Gladys Milne P- ~m~-k~t:~ PO Box 294  East Marion, NY 11939 Postage · om~ Fostag. & Fe~, 02/11/2009 ~t :o Reilly Family Revocable Trust ~-w~-t:~3:' Paul Reilly o,~ooo~~o. 10305 SW 99th Street ~ Miami, FL 33176 O (E.dorsementRwuired) ] ~ '¢~' 'l Here = Total Postage & Fees ~$ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Gardiner's Bay Homeowners Association SCTM# 1000-37-4-17 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: · A ten m~intenance dxed~e~ermit to remove approximately 1000 cubic yar~s of sand fro~ the main channel to maintain a water depth of -4 below mean low water. · Dredge spoil to be used as beach nourishment on beach above the spring high water line. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Land of Gardiner's Bay Homeowners Association 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 February 18, 2009 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: Gardiner's Bay H~eowners Association o/o Frank Pirozzi PO Box 4 East Marion, NY 11939 Enc.: Copy of sketch or plan showing proposal for your convenience. ~/~ 2~= . ~ ¢r ~/-~ 73&- ~o 7 ~1/ oooo~' ~?. ~ of Trustees Applicati~ County of Suffolk State of New York DEPOSES AND ~FiP~S Tn^T HEISHE iS THE ~PLiCANT FDO~-~SEW~OBoR2~VE DESCRIBED PERMiT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO Ti-IE 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 UNT)ER OR BY VIRTUE OF SAID PERMIT(S), iF GRANTED. 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. of Trustees ApplicationO WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations~ _~fl.[~[~//./~[ O~la~,li].~ Area of wetlands on lot: ~ square feet Percent coverage of lot: ~ % Closest distance betwe~'n nearest existing structure and upland edge of wetlands: 161~ feet Closest distance betweeq nearest proposed structure and upland edge of wetlands: B]~ feet Does the project involve excavation or filling? No /~ Yes If yes, how much material will be excavated? [~[:) cubic yards How much material will be filled? C) cubic yards Depth of which material will be removed or deposited: --4 Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: ~ll feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): 61 ?,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (1'o be comp!e~a- by .&~!!~nt or Pr~e~ Sponsor) · '~p-ICANT~PONSOR I 2. PROJECT NAME ~ ~,~)/~"~ 3. PROJECT LOCATION: Mun~maty ~'~' .~Gd,~/~/ County a. p~CISE L~A~ON (~ add~ a~ r~d ~ns, ~mi~t la~m~, e~., or ~ m~) 5. PRO~SED AC~ON IS: D ~n~n ~ M~a~d~ 6. DESCRIBE PR~E~ BRIEFLY: /~ y~ ~~c~ ~ 7. ~OUNT OF ~D Ini~ ~,/ ~ U~ ~, f 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? De..~_.Resiclendal~ [] Indust~al [] Comme~cml [] AgriCUlture [] Pa~JForest/Opan Space [~C)ther 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NO~V OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDF, EAL, STATE OR LOCAL)? [~Yes [] No If yes, list agency(s) name and pemlitJap~ /,JYS ~/ 7o)~v ~/~ ~o~7;t.v~,'~ 11. DOES~NY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [] NO If Yes, list agen~-~(s) name an~ pennit/al~orovals: /~/~ Z~c~. .~/~CM/Z. y~ /.,~7.I~o0o7/~/0ooO7 ~vvV~. //Lay' /~., 12. AS A RESULT OF ~OP~ED AC~ON WILL ~STING PERMITI~PROV~ REQUIRE MODIRCATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE OVER PART II. IMPACT ASSESSMENT (To be completed by Le-_d Agency) A. DOES ACTION EXCEED ANy TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If YeS, coor01nate ~e review ~mcees ano use ~e FULL EAF. rqYes 13.o B. WILLACTIONRECEIVECOORDINATEDREVIEwA~PROVIDEDFOR L~NLISTEDACTION$1N6NYCRR. PART617.67 IfNo, anegsifve d~mtion ma..~...~e su~eres~ed by anol~er invoNso agency. Yes LJ No C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS A~SOCIATED WITH THE FOLLOWING: (A~awera may be handwritten, if lag~le) Cl. Exisdng air Quality, surface or groundwater Quality or quantity, noise levels, exiat~g tmf~ pattern, solid waste pn:x:lucUofl or diapoesl, potential for efoaien, clraJnage or-floocil~g problems? Explain C2. Aes~etJc. agricultural, archaeologk~al, historic, or oo~er natural or Cultural resources: or community or ~eighbo~m~3d characmr? ExCatn bfieify. C3. Vegetation or fauna, fish. shellfish o~ wildlife species, signif~ant habi~a~l, pr ~lr~atene0 ~r enoangereo specie.s.? E. xplain c4,/. comr. unli./s a~ p~s ~' g~. a~ o~clal~y .doted, or a ~=h;r~a ~n ~a. of In~,~a ~/of ~ of ~.n~ or o~h~ natura~ r;~t C5. ~row~., su~esq~Je,'~ d~eldpmen~, ~r ~'elate~ ac"dvl§es likely to be In~uped by me prolx~ acid? F..xPlalfi bdefly: Long [erm. sr~or~ term CUmUtati~e, or ot~er effem~ no~ ~Oen~e~ In C1.C57 Explain C70tt/~' Impec~s (!~cl~L~l ~enges In use pf el~er quantity of type of er~epgy)? Explain bde~y: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL cHARACTE~iSTiC~ THAT CAUSED THE ESTABLISH~'~'~NT OF A C~ COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING ° STEEL &WOOD PILING · FLOATS 4,~.., TH .... EET P.O. BOX2124 . GREENPORT. NEW YORK11944 · (631)477.1199/477-1393/477-0682 ,~.,. , 4' AUTI:I'ORIZA. TION FORM i, (Name) " located ~ (Business/Properb Name; do hereby give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be .comple~.d. at my above referenced property. ~ S~sv, ature-~ - / Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF proposed actions that are subject to the Town of Southold Waterfront Consistency Re~/iew Law This assessment is intended to supplement other information used by a Town of Southold agency malting a determination of consistency. *Except minor exempt actions including Building Per3mtx and 3'ther 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 $outhold Local Waterfi'ont Revitalization program. A proposed action will be evaluated as to its significant beneficial ~3nd adverse effects upon the coastal area (which includes all of Soutbold Town). .3. If any question in Section C on this form is answered "yes", then the proposed action may afl,ct thc acl'fievement of the LWRP policy standards and conditions contained in the consistency Thus, the action should be analyzed in more detail and, if necessary, modified pfio[ determination that it is consistent to the maximum extent practicable with the LWR? standards and conditions. If an action cannot be certified as consistent with the LWR? polici standards and conditions, it shall not be undertaken. A copy of the LW'RP is available in the following places: online at the Town ofSouthold's xxebsite (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTlVI# 5~ + -t"/ The Application has been submitted to (check appropriate response): TownBoard [~ Planning Dept. [--] Building Dept. ['--] BoardofTrustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant', loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of ac[ion: Site acreage: Present zo~g cl~sifiCafi°h: If~ app~cafion for ~* pmp~ ~fion:,h~ b~ fil~ ~ ~e Tom of Sou~old agency, the following (d) Applica~n nmb~, iffy: Will ~e action be ~ectly ~de~ r~o ~g, or.appmv~ bY a state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneflchil use o.f a coastal location, and minimizes adverse effects of development See LWRP Section III - Policies; Page 2 for evaluation criteria. - ,,, ,~,.;:,~ : , ~]Yes [] No [~ NotApplleahle~qr''i'~' ' ,.... I 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 r-'] Yes [] NO ~ NOt Applieable'-~ff[~q L 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 NO Yes Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize 10ss of life, structur?~, and natural resources from flo~ding and erosion. See LWRP Section IIi_ Policies.pages,8~through.]6~f~'evi~luatiOn,.~flte~ia: ..,', .~: 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 thrgugh~l f~r~eyaluation~eriteria. · ,: , ~ No ~?-)Not Applicable ~ . At'tach additional sheets ifnacessary 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 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ,the Peconic Estuary and Town w/~ters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets ifn~cessary Policy. 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Attach 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. 7 Created on 5/25/05 1 I.'20 AM Dat~: To: .]anuary 27, 2009 Southold Town Trustees and Mark Terry IDEVI~LOPED COAST POLICIES Policy ! Foster a pattern of development in the Town of Southold that enhances community character, preserves open space~ makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Our proposal is consistent with this policy in that this channel is routinely maintained to allow for the members of the homeowner's association to boat in and out of Spring Pond safely. Policy 2 Preserve hiStoliC resuurcns of the Town of $outhold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of SouthoM. Our proposal will not have a negative impact on the visual quality or scenic resources. This proposal is consistent with the area. This area has been dredged within the last few years. NATURAL COAST POLICZES Policy 4 Minimiza loss of life, structures, and natural resources from flooding and erosion. This project has will have no flooding or erosion concerns. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of ~)uthold'$ ecoeystom. Our proposed maintenance dredge will maintain the water depth of the existing channel. The area has been routinely dredged to allow safe boating access to Spring Pond. We are not proposing anything different than what had previously been allowed. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Hinimize environmental degradation in the Town of Southold from solid waste and hazardous subal~ncns and waste~ Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. The dredge spoil is clean transported sand. The area has been dredged within the past few years so the build up and scoudng is relatively new. PUBLIC COAST POI.lC/ES Policy 9 Provide for public access to, and recreational uso of, coaml waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owners the ability to safely access Spdng Pond. There will be no difference in the ability of the public to access public resources of the Town of Southold. WORKZNG COAST POLICIES Policy 10 Protect the Town of Southold's water-dependent uses and promote sitin9 of new water- dependent uses in suitable locations. This is an existing channel leading to Spring Pond where there are a number of waterfront pmbertios. Maintaining the channel will allow these homeowners to engage in water dependent activities and the ability to reach larger bodies of water. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal is consistent with previous activities in this area. The channel is an active waterway and not the most desirable habit for living marine resources. Polio/12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources, Our proposal will not have any impact on the development of energy and mineral resources. Albert J. Kn~pski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 April 21, 2004 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Lawrence J. Matzen Gardiners Bay Estates Home Owner Assoc., Inc. P.O. Box 4 East Marion, NY 11939-0004 RE: GARDINERS BAY ESTATES HOME OWNER ASSOC., INC. SPRING POND, EAST MARION SCTM#37-4-'18 Dear Mr. Matzen: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday, April 21, 2004: RESOLVED, that the Southold Town Board of Trustees APPROVE the request for an extension to the Five-Year Maintenance Dredging Permit #5003 for another five (5) years. If you have any questions, please contact our office at (631) 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ,~C.~ O ~ DATE: .~¥ Z6, !999 ISSUED TO GARDINER'S BAY BSTATE$ HOME OWN~ERS ASSOC. Authm'izatio. Pursuant to the provisJons of Chapter 615 of the. Laws of the State of New York, 1893; and Chapter ~ of fha Laws of the State of New York 1952: and. the Soufhold Town Ordinance en- titled "RE~=ULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:!~ and in accordance with the Resolution of The Board adopted at a meeting held on ..M~ 26.,.. 199c/ 19 c/c/. , and in cons[deraflon of the sum of $i ~.~Cb.(¥} · · paid by Larry M~tzen for.G,B.~.i~.©.A of ........ ]~t M~z~a N.Y. and subject to the Terms and Conditions listed on the reverse slde hereof, of Southold Town Trustees authorizes and permits the following: to renew their mMntenance d~edge permit to co~respond w~th the DEC permit to dredge exist, 'boat channel 1,100!X20' to adep of 4' below MLW and that this permit run with the DEC permit.& e×pir a~t~on date~ a. ~n accoraance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be afl?ed, and these p.resenfs to be subscribed by a majority of the sa~d Board as of tbs date. /~?FROVED BY [OARD OF TRUSTEES TOWN OF SOUTHOli ,%( ~.z>r=c.. ~=~t /r w/-.4.75~- ~o 7/c?/oooo;' ~y?. /,,~z;~, /o, 2009 '7'O Z,,.//,/ ~' :~./7'/./ o ~ r~ 7~M /7' 4~ .~oo 5 ~P. M ,~ y 51, ,~,,~'.~..~,~/o~.~. /./../4. ~"~-.~, /~-~?-,1~- /,7 ~,/' ...'_?-~... \ . ... ~. ,. ~'"' ,,......~ \'..~ /,...--+¢,%..- ., .,..; ~;' ~;,' ..' .. ,,×:: ..-'..:\'. .V ~l:~,qO ~1::~o:~)~'"~, .. I ,/ 38 /?3 /$4' ! ~ /,77 /$~ g