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HomeMy WebLinkAboutTR-6939 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Read P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 18, 2009 Mr. Paul J. Salerno 879 Maloon Ave. Franklin Square, NY 11010 RE: 700 KOKE DR., SOUTHOLD SCTM#87-5-6 Dear Mr. Salerno: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., February 18, 2009: WHEREAS, PAUL J. SALERNO applied to the Southold Town Trustees for an Amendment to Wetland Permit #6939 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 15, 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, 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, 2 RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FURTHER RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment.to Wetland Permit #6939 to replace the existing 6'X 10' floating dock with a 6'X 20' floating dock, and to replace the two pilings at the end of the float, with the condition the float is angledto the north and doesn't extend past the property tine, and as depicted on the plan prepared by Paul Salerno dated February 18, 2009. This is not a determination from any other agency. Sincerely, Board of TrustineSs'~ Jam ,~.~_KIng, Pres~' JFK:lms Donald Wilder, Chairman Laurea 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., February 11,2009, the following recommendation was made: Moved by James Eckert, seconded by Peter Young, it was RESOLVED to SUPPORT the application of PAUL & ANGELA SALERNO to Amend Permit #6939 to replace the existing 6'X 10' floating dock with a 6'X 20' floating dock, and to replace two pilings at the end of the floating dock. Located: 700 Koke Dr., Southold. SCTM#87-5-6 Inspected by: James Eckert, Peter Young, Doug Hardy The CAC Supports the application with the Condition appropriate materials are used. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. DohelXy, Vice-Presidcnt Peggy A Dickerson Dave Bergen Bob Ghosio, Jr. PO. Box 1179 Southold. NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report PAUL & ANGELA SALERNO request an Amendment to Permit #6939 to replace the existing 6'X 10' floating dock with a 6'X 20' floating dock, and to replace two pilings at the end of the floating dock. Located: 700 Koke Dr., Southold. SCTM#87-5-6 T~aOf area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part/Of Town Code proposed work fails under: _~hapt.275 Chapt. 111 other Tyl~of Application: Wetland Coastal Erosion ._.Amendment %/Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Present Were: __J.King ~/J. Doherty ~P.Dickerson ',-//D. Bergen'JB.G hosio, __ D. Dzenkowski Mark Terry__other~ /~'-~}~i Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6939 DATE: AUGUST 20~ 2008 ISSUED TO: PAUL & ANGELA SALERNO PROPERTY ADDRESS: 700 KOKE DRIVE~ SOUTHOLD SCTM# 87-5-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of S outhold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 20, 2008, anfl in consideration of application fee in the sum of $250.00 paid by Paul & Angela Salerno and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for the existing 41"x37.5' fixed dock, 35"x14.5' ramp, and 6'x10' floating dock with two (2) tie-off piles, with the condition that if the dock, ramp, float or associated piles ever need to be replaced/repaired, they must be upgraded to meet the requirements of the Southold Town Code, Chapter 275-Wetlands and Shoreline and approved by the Board of Trustees, and as depicted on the site plan prepared by Jerry Cibulski, received on June 16, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Paul & Angela Salerno, residing at 879 Maloon Avenue, Franklin Square, NY 1 ! 010 as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation perfon-ned pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the fight 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 the Permittee will obtain all other permits and consents that may be required supplemental to this permit~ which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 August 20, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Paul & Angela Salerno 879 Maloon Avenue Franklin square, NY 11010 RE: 700 KOKE DRIVE, SOUTHOLD SCTM# 87-5-6 Dear Mr. & Mrs. Salerno: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 20, 2008 regarding the above matter: WHEREAS, PAUL & ANGELA SALERNO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 22, 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 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: if the dock, ramp, float or associated piles ever need to be replaced/repaired, they must be upgraded to meet the requirements of the Southold Town Code, Chapter 275-Wetlands and Shoreline, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 20, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 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 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 PAUL & ANGELA SALERNO for the existing 41"x37.5' fixed dock, 35"x14.5' ramp, and 6'x10' floating dock with two (2) tie-off piles, with the condition that if the dock, ramp, float or associated piles ever need to be replaced/repaired, they must be upgraded to meet the requirements of the Southold Town Code, Chapter 275-Wetlands and Shoreline and approved by the Board of Trustees, and as depicted on the site plan prepared by Jerry Cibulski, received on June 16, 2008. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 0.00 Very truly yours, President, Board of Trustees JFKJeac 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: ~//S'/~J ~, MA.~JO,R,,IE PE-TI~AS requests a ,,W~etland Permit for thug 41"X 37.5' fixed ~_.Qck¢ 35'X 14.5'~, and 6'X 10 floating ~ with two -('2)--tie-off poles. Located: 700 Koke Dr., Southold. SCTM#87-5-6 T~Yv~Pssa of area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland P~a~c~ of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: v/Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation (~ C~o~nditions: _ ¢' ' Present Were: ~J.King J.Doherty v~:Dickerson '/~D. Bergen ~'/B.Ghosio, ~ ~ D. Dzen~owski ~7-~r~ ~ther -- Form filled out in the field by Mailed/Faxed to: Date: 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., July 16, 2008, the following recommendation was made: Moved by Don Wilder, seconded by Doug Hardy, it was ~dt(.Ll~llO) RESOLVED to SUPPORT the Wetland Permit application of MARJORIE PETRAS for the existing 41"X 37.5' fixed dock, 35"X 14.5' ramp, and 6'X 10' floating dock with two (2) tie- off poles. Located: 700 Koke Dr., Southold. SCTM#87-5-6 Inspected by: James Eckert The CAC Supports the application with the Condition public access is provided across the dock. Vote of Council: Ayes: All Motion Carried SOUTMOLD 1000 Paul J. Salerno 879 Maloon Avenue Franklin Square, New York 11010 February 24,2009 Ms. Lauren Standish Town of Southold 53095 Route 25 PO Box 1179 Southold, New York 11971 Dear Lauren: Thank you again for your assistance with tbe amendment to my dock repair permit. At the meeting on the 18th, I was asked to resubmit the work plan by putting the ramp at a 20 degree angle. On the attached plans, the floating dock shifts over so that when 1 dock a boat, it will not extend over the neighbor's property or beyond the original line of the catwalk. 1 think this is what we wanted to accomplish. I had to extend the ramp from 14 1/2 feet to 17 1/2 feet due to the angle of the ramp. Please let me know if this is acceptable as I would like to obtain town approval before filing with the DEC. I greatly appreciated your guidance in this process. Sincerely, 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: February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Amendment to Wetland Permit #6939 for PAUL & ANGELA SALERNO SCTM#87-5-6 PAUL & ANGELA SALERNO request an Amendment to Permit #6939 to replace the existing 6'X 10' floating dock with a 6'X 20' floating dock, and to replace two pilings at the end of the floating dock. Located: 700 Koke Dr., Southold. SCTM#87-5-6 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. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-11 Construction and operation standards. (c) Regulations for the placement and configuration of docking facilities. If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: iii It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ,lames F. King, Pr~ sident ,ifil M. Doherty, Vice-President Peggy A, Dickerson Dave Bergen John tfolzaptkl Town lfali 53095 Route 2& 1LO. Box 1179 Southold, New York 11971-o959 Telephone 1631 ) 765 1892 Fax 16311765-6641 BOARD OF TOWN TRUSTEES T()WN )l JA~4 ] 5 2009 APPLICATION FOIl AN AMENDMENT TO A WETLAND PERMIT A(i[!NT PI i()Ni; Board of Trustees Application County of Suffolk Slale of New York fi/t0tL ~,~ '.54 [et/,~tl o BEING DUI.Y SWORN DEPOSES AND AFFIRMS THAI' HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMiT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILl.. BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPI.ETING Tills 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 S'gnature SWORN 'FO BEFORE ME THIS _ ff DAY OF '~f_t.rl~.~t?[ .20 r2~ Notary Public PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: STATE OF NEW YORK COUNTY OF SUFFOLK X/..,... ~{~/k / / o I o , bei~n.~ duly sworn, deposes and says that on the ~ day of ~bfil~fl,~ ,206~4, deponent mailed a tree copy of the Notice ~et forth in the Board of TmsIees Appli-~-ation, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post ..Off~ pi ci~,.//t. ~,..~ I/~,r[z.. , that said Notices were mailed to each of said persons by ,..~ce._._~_i~ (registered)'mail.~ Sworn to before me this Day of ~btlk0.fll ,20 ) Notary Public ~0mra~ss:0n 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 1179 Southold, NY 11971 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 PAUL & ANGELA SALERNO COUNTY OF SUFFOLK) STATE OF NEW YORK) being duly sworn, depose and say: AFFIDAVIT OF POSTING residing at o07 ~ fJ'3,4Jao,,~ ,/~w,~,~6 That on the / day or F~L-.,t~, 200~, I personally posted thevronerty known as by placing the Board of Trustees official poster where it can easily be seen, and that 1 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 Wed. February 18~ 2009~ on or about 6:00 PM. Dated: Sworn to before me this -~- day of Fee 200q Notary Public (signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the dart of town officers and employees. The unrnose of this form is to nrovide information which can alert the town oft>ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, Mid'die initial unless you are applying in the name of someone else or other entity, such as a company. I f so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the towo officer or employee owns more than 5'/0 of the shares. YES NO If you answered ~WES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the relationship ~tween yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) tile owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ___B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant.. DESCRIPTION OF RELATIONSItIP Form TS 1 Submitted this ~dayof eD-/Sa2.~w~ 200~ Signature ~Q~ ,J-,W~: ~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD From: Date: Re: Jim King, President Town of Southold Board of Trustees Scott Hilary, LWRP Coordinator July 16, 2008 Proposed Permit to Wetland Permit for MARJORIE PETRAS SCTM#87-5-6 Jerry Cibulski on behalf of MARJORIE PETRAS requests a Wetland Permit for the existing 41"X 37.5' fixed dock, 35"X 14.5' ramp, and 6'X 10' floating dock with two (2) tie-off poles. Located: 700 Koke Dr., Southold. SCTM#87-5-6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The preexisting dock is in a Critical Environmental Area nominated by the Town of Southold as worthy of protection~ (see Critical Environmental Areas § 275-2 Definitions below). Any proposed action prior to construction in a Critical Environmental Area may be subiect to more stringent requirements pursuant to § 275-11 Construction and operation standards. The preexisting dock was not subiect to § 275-11 standards and therefore is INCONSISTENT with LWRP policy standard 6.3 below. 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 SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek Core3 Hole Creek Goldsmiths Inlet, Goose Creek Little Creek Mill Creek and Pipes Cove Creek. § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of slructures, and increasing the width of nondisturbance buffers. Furthermore the preexisting dock is in Corey Creek a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting (see Corey Creek SCFWH Narrative below). 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The Town of SouthoM is rich in habitats that support diverse and often large wildlife populations, ma. ny of which are of commercial or recreational value. The importance of these habitats has been recognized through the state designation as Significant Coastal Fish and Wildlife Habitats in Southold. These habitats cover the full range of habitats typical on the East End of Long Island and include dunes, beaches, wetlands, islands and open water. The Town of SouthoM recognizes the importance of protecting and enhancing these wetlands and habitats. NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT (SCFWH) COREY CREEK LOCATION AND DESCRIPTION OF HABITAT: Corey Creek and Beach are located on the southwestern shoreline of Great Hog Neck on Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of approximately 130 acres of tidal creek, salt marsh, mudflats and beach. Thc area around the western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions of the creek have been dredged and bulkheaded. The beach is a small sand beach and dredged material area which is somewhat degraded by human disturbance. In the event the preexisting dock is approved by the Board of Trustee's it is recommend that the resolution reflect that the structure cannot be replaced in-kind without a full review and approval by the Trastee's pursuant to § 275- 11 Il01. § 275-11 Construction and operation standards. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water- dependent nature of their use. (2) Docks. [10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. The application is deficient in information (design~ materials~ water depth) to adequately assess the function of the dock structure pursuant to § 275-6 Application. § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11-2005 by L.L. No. 17-2005] (3) The purpose of the proposed operations. (6) The depth to which the ret~l or the deposit of material is proposed t~ughout the area of operations, and the proposed angle of repose of all slopes. (8) Such application shall be accompanied by a survey and topographical map, created no more than one year prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. [Amended 10-11-2005 by L.L. No. 17-2005] The applicant must demonstrate that the following dock standards pursuant to § 275-11 Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shell fishing, waterskiing and other water-dependant activities; Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the doch [7] Whether the dock will cause degradation of surface water quality and natural resources; Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; Whether the dock will result in the destruction o for prevent the growth of vegetated wetlands, sea grasses including eelgrass (Zostera marinaj and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructe& [l OJ Whether the d~ck will adversely affect views~ viewsheds and vistas imp~rtant t~ the c~mmunity; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Figure #1 Preexisting Dock on Corey Creek Figure #2 Salt Marsh of Corey Creek (SCFWH) Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- suooortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ldo 0 00'7 - ~- [_ PROJECT NAME The Application has been submitted to (check appropriate response): Town Board [] Planning Board [-~ 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, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present l=d ~e: Present zoning If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~ P,4-~t ~h',-~D (b) Mailingaddress: o°'7~) /~,~{a~,~ ~V.~ ~ (c) Telephone nmber: ~ea Code ~ 2 3 ~ ~ ~ 1/ (d) Application nmber, iffy: Will ~e action be directly unde~en, require ~nd~g, or approval by a state or federal agency? Yes ~ No ~ If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~"~es ~ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria ~ Yes [-~ No [-~Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~/Yes [~ No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria ~'~ Yes ~--~ No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [] No [--]Not applicable Attach additional aheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not A~plicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in thc Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [--'~Not Applicable PUBLIC COAST POLICIES Pol!cy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~] No ~Not Applicable Attach additional sheets if necessary WORKING COAST POLl Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~-~ No ~ot Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. --[~'/Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - PoLicies; Pages 62 through 65 for evaluation criteria. [] Yes [-~ No [~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [~ No [-~Not Applicable TITLE ~ ~f,,.~.--- DATE COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7W Quadrangle(s): Corey Creek March 15, 1987 May 15, 2002 Suffolk Southold Southold, 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: Small, pa~ially developed creek/marsh/beach area; not rare in Suffolk County. 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), least tern (T) and piping plover (E, T-Fed) present historically, but importance of the area to these species is not adequately documented. Calculation: 36 + (25/2) + (16/4) - 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: Clamming is significant at the local level. 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 scallops significant in Suffolk County. Replareability (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. 0 52.5 0 4 1.2 Habitat Index = [ER + SV + HU + PL] = 56.5 Significance = HI x R = 67.8 Page 1 of 7 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE COREY CREEK LOCATION AND DESCRIPTION OF HABITAT: Corey Creek and Beach is located on the southwestern shoreline of Gmat Hog Neck on Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of approximately 130 acres of tidal creek, salt marsh, mudflats and beach. The area around the western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions of the creek have been dredged and bulkheaded. The beach is a small sand beach and dredged material area which is somewhat degraded by human disturbance. FISH AND WILDLIFE VALUES: The small disturbed tidal creek and beach found at Corey Creek is not a rare ecosystem type but the area functions as an important habitat for a variety of fish and wildlife. Osprey (SC) historically have nested on platforms at this site. A small population of least tern (T) was present on the beach in 1984, but this species was documented only once more through 1996. Piping plover (E, T-Fed) were sporadically documented at Corey Creek beach, ranging from 0-2 pairs annually during the 1987-1996 period. Diamondback terrapin have also been seen but the importance of this area to this species is not well documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. The creek serves as a feeding area for the osprey along with waterfowl, shombirds and other wildlife. Waterfowl species observed overwintering in the Corny Creek area include Canada goose, American black duck, mallard, oldsquaw, buffiehead, red-breasted merganser, surf scoter, and common goldeneye. The creek is a productive area for marine finfish and shellfish. The area serves as a important nursery area and habitat for shellfish including bay scallops and hard clams. The creek was once one of the top three areas in Southold for scalloping, however there is no longer any scalloping in Corny Creek. It is one of the top clamming areas in the town. The creek area is also locally important for waterfowl hunting. Concentrations of Canada geese at this site currently present a nuisance and water quality problem. Page 2 of 7 IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Corey Creek would adversely affect the biological productivity of this area. All species offish and wildlife would be affected by water pollution such as chemical contamination (including food cha'm effects resulting from bioaccumulation), oil spills, excessive turbidity, stormwater runoff, and waste disposal. It is essential that water quality be maintained in the area to protect the bay scallop fishery. The Town of Southold recommends that use of sprinklers and lawn chemicals be minimized or prohibited on creek waterfi-ont property. Alterations of tidal patterns in Corey Creek (e.g., by modifying the inlet) would have major impacts on the fish and wildlife species present. Dredging in the creek should be scheduled from September 15 through December 15 to minimize potential impacts on aquatic organisms and to allow for dredged material disposal when wildlife populations are least sensitive to disturbance. Dredged material disposal that alters the creek inlet or tidal flow would negatively impact the habitat value of this site. Barriers to fish migration, whether physical or chemical, would have a major impact on the fisheries of Corey Creek. Restoration of fisheries habitat through removal of such barriers, or other means, should be considered for Corey Creek. Elimination of salt marsh and intertidal areas, through dredging, loss of tidal connection, excavation or filling, would result in a direct loss of habitat area. 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 a loss of productive areas which support the fish and wildlife resources of Corey Creek. 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. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of hays, 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. Nesting shorebirds inhabiting Corey Creek are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-mad vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or cont'mued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. The Corey Creek site is particularly disturbed by Page 3 of 7 use of off-road bikes and other vehicles; recreational vehicles should be prohibited from the area during the March 15-August 15 shorebird nesting period. Page 4 of 7 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518)474-6000 NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 444-0354 Wildlife Manager NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (631) 444-0310 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0430 Finfish and Crustaceans NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0436 New York Natural Heritage Program Wildlife Resources Center 700 Troy-Schenectady Road Latham, NY 12110 Phone: (518) 783-3932 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Page 5 of 7 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 Seatuck Research Program Comell University Laboratory of Ornithology P.O. Box 31 Islip, NY 11751 Phone: (631) 581-6908 Comell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 NYS Sea Grant Extension Service Comell University Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phone: (631) 727-3910 Paul S~utenburgh 4015 Skunk Lane Cutchogue, NYl1935 Phone:(631)734-6605 Page 6 of 7 To print on 85 x I I set printer to Fit 1o Print c~ reduce by 64% LITTLE 2OOO 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 Office Use Only Coastal Erosion Perm/t Application ~rWetland Permit Application Amendment/Trans f~r/Exfen~on Rece~vved Application: 71o2~1o o ,~Received Fee:$ ~.~ompleted Application r') Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) -'"EWRP Consistency Assessment For~ ..~C Referral Sent: {~ ~t~ate of Inspection: - ¢/ __Receipt of CAC Report: Lead Agency Determination: Technical Review: ,But~lic Hearing Held: Resolution: Administrative Permit Name of Applicant Address Phone Number:(~)~(,, ,~3015>- A/-~ IIo/o Suffolk County Tax Map Number: 1000 - Property Location: "~ ,t~ ~O ~'Co/< ~. ~)r-t ~ ~- (provide LILCO Pole #, distance to cr(~ss streets, and location) AGENT: (If applicable) Address: Phone: of Trustees Applicatie GENERAL DATA Lm~d Area (in square feet): Area Zoning: Previous use of property: .Po'z.,<, ID ~&t4-r2~4._ Intended use of property: Covenants and Restrictions:__Yes If "Yes", please provide copy. Prior permits/approvals for site 'improvements: Agency No Date ':t-1:2- Iq'7 :Z __ No prior permits/approvals for site improvements. Has auy permit/approval ever been revoked or suspe~31;led by '~ No If yes, provide explanation: govemmental agency? Yes Project Description (use attaclunents if necessary):. of Trustees Applicati~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: ~..~'~ square feet Percent coverage of lot: i D'~ % Closest distance between_.jrearest existing structure and upland edge of wetlands: O,~c~ feet Closest distance between nearest proposed structure and upland edge of wetlands: P~//°c 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'? ('") cubic yards Depth of which material will be re~noved or deposited: L/~ feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): of Trustees Applicatio~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No ~ Yes Does the project involve excavation or filling? V~ No Yes If Yes, how much material will be excavated? How much material will be filled? (7 Manner in which material will be removed or deposited: (cubic yards) (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 617,20 PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART '1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) I 1 APPJ~CANT / SPONSOR /~--'¢ ~' 2 PROJECT NAME 3,PROJECT LOCATION: SEQR 4. PRECISE LOCATION: Street Ad, ss and Road Intersections. Promin nt landmarks etc - or 5. IS PROPOSED ACTION: [~"~ew [] Expansion [] Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? E~es [] No If no. describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~esidential [~]lndustrial E-]Commercial r~Agriculture []Park/Forest/OpenSpace I~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~es r--lN° If yes, list agency name and permit / approval: ll. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~Yes E~ If yes, list agency name and permit / approval: 12. AS A RES T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Date; If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment KAROL HAUSMAN & SOSNIK, P.C. ATTORNEYS AND COUNSELORS AT LAW LOUIS E KAROL MIGHAEL J. HAUSMAN HOWARD L. SOSNIK* SHERYL BERGSTEIN BRIAN ADELMAN MAYRA HOLL.LOUGHNEY JORDAN S. HNN JULh~ Dr~LEON 600 Old Comau-/Road Garden City, New York 11530 Tel: (516) 745-0066 Fax: (516) 222-1499 Toll Free: (866) KHS-ATTY E-MAIL: khs@khspc.com August l 5, 2008 *Also admired in New Jersey, Florida and Georgia Board of Town Trustees Town of Southold Town Hall Annex 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Att: Lauren Re: 700 Koke Drive Coun~l MARC ALHONTE APRIL E HAUPT DAVID GREEN Other Offices Bmokl,/n, New York Flushing, New York New York, New York Fort Lee, New Jersey Be~nmn Beach, Florida Clearwater Beach, Florida Dear Lauren: Enclosed please find one of the mailings that was sent back to us. If there is anything further required before the hearing on August 20, 2008 please do not hesitate to contact me. APH:eks Enclosure Very truly yours, Apflil Pancella Haupt This Agreement is made by and between Paul and Angela Salerno (hereinafter referred to .-e"' as "Buyers") and (_3©,q ~ ~ ~_ ~ t'J//) )%~c-~.Zi(hereinafter referred to as "Neighbor"). 1. Neighbor owns or controls ownership of 25% of the property located at 800 Koke Drive, Southold, New York, which is adjacent to the property at 700 Koke Drive, Southold, New York. 2. Buyers are in contract to purchase (or have purchased) from Mrs. Marjorie Petras the property located at 700 Koke Drive, Southold, New York. 3. There is dock located on the property at 700 Koke Drive, Southold, New York. 4. Mrs. Petras believes that the dock is fully owned by her. 5. No documentation can be located by Mrs. Petras to definitively determine if the dock is owned fully by Mrs. Petras or jointly by Mrs. Petras and Neighbor, as them has been no certificate of completion that is known to have been issued on the dock. 6. Neighbor believes that the dock may have been jointly built by Mr. Walter Gless, the deceased father of Neighbor, and Mr. Thomas N. Craig, the deceased husband of Mrs. Marjorie Petras, though no documentation can be located to definitively determine the ownership ofthe dock. 7. Neighbor agrees that this dock is not on their property and that it is not jointly owned by them. Neighbor hereby waives any and all rights to the dock and permit Buyers to obtain a permit and certificate of compliance evidencing sole ownership of the dock as part of the property located at 700 Koke Drive, Southold New York. 8. The parties agree to file this agreement with the Board of Trustees for the Town of Southold. 9. This document reflects the entire understanding between the parties. PAUL SALERNO STATE OF NEW YORK } } SSd COUNTY OF } On the [~ day of ~-0{~. in the year 2008, before me, the undersigned, personally appeared ~-0 Ct fin g ~555 On c/e c5 , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK COUNTY OF SS.: Notary Public OENISE CASTORINA NOTARY PUBLIC, State of New No 01CA6187665 Quailed in Suffolk Cou~y ~ommission Expires May 27 ~0_~, On the -~..,/~d ~ day of ,J'-t,/~f in the year 2008, before me, the undersigned, personally appeared ~ M._~/~r'ri~tt/e//w, personally known to me or proved to me on the basis of satisfactory evidence to be/the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _/? APRIL PANCELLA HAUPT Notary Public, State Of New Yore kl~ ~2HA5026170 Commission Expires Aprd t~ 'fie This Agreement is made by and between Paul and Angela Salerno (hereinafter referred to as "Buyers") and (.,(a~n~,.~¢ (~4i{-,~y ,t'oNe- ) (hereinafter referred to as "Neighbor"). 1. Neighbor owns or controls ownership of 25% of the property located at 800 Koke Drive, Southold, New York, which is adjacent to the property at 700 Koke Drive, Southold, New York. 2. Buyers are in contract to purchase (or have purchased) from Mrs. Marjorie Petras the property located at 700 Koke Drive, Southold, New York. 3. There is dock located on the property at 700 Koke Drive, Southold, New York. 4. Mrs. Petras believes that the dock is fully owned by her. 5. No documentation can be located by Mrs. Petras to definitively determine if the dock is owned fully by Mrs. Petras or jointly by Mrs. Petras and Neighbor, as there has been no certificate of completion that is known to have been issued on the dock. 6. Neighbor believes that the dock may have been jointly built by Mr. Walter Gless, the deceased father of Neighbor, and Mr. Thomas N. Craig, the deceased husband of Mrs. Marjorie Petras, though no documentation can be located to definitively determine the ownership of the dock. 7. Neighbor agrees that this dock is not on their property and that it is not jointly owned by them. Neighbor hereby waives any and all rights to the dock and permit Buyers to obtain a permit and certificate of compliance evidencing sole ownership of the dock as part of the property located at 700 Koke Drive, Southold New York. 8. The parties agree to file this agreement with the Board of Trustees for the Town of Southold. 9. This document reflects the entire understanding between the parties. PAOL.-SALE-qS, NO ~ ~ ANGEL(A SALERNO STATE OF NEW YORK } } SS.: COUNTY OF k~ On the 1-[ day of ..~k.[)/ in the year 2008, before me, the undersigned, personally appeared ~llZO.m'/{~lllfitCAi¥ i')}qe~ , personally known to me or proved to me on the basis of satisfactory evidence to ~e the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK COUNTY OF SS.: Notary Public ~r~ ~ ~ rI. Iq,Ob TONI ANNE NAGIN) Nol,~rlf Public=, State of N~ YO~ No. 4~74 Oual~i~ in Na~u ~u~/~ t~d -'-'- . On the rD/c~txt day of ~ ~,~j~.^, r-t.m the year 2008, before me, the undersigned, ap peared~ t~/ S~ /e rro personally ~-/~/qa,~/gra,°personally known to me or proved to me on the basis of satisfactory evidence to' ~'be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. l:g~tary P'ubl'm/~ /7/, ~" APRIL PANCELLA HAUPT ~''' Notary Public, State Of New York No. 02HA5026170 Oualified n Suffolk County Commission Expires Apr llffO~ / This Agreement is made by at3~d between Paul and Angela Salemo (hereinafter referred to as "Buyers") and ( ~k~ ~ I ~- { q ) (hereinafter referred to as "Neighbor"). 1. Neighbor owns or controls ownership of 25% of the property located at 800 Koke Drive, Southold, New York, which is adjacent to the property at 700 Koke Drive, Southold, New York. 2. Buyers are in contract to purchase (or have purchased) from Mrs. Marjorie Petras the property located at 700 Koke Drive, Southold, New York. 3. There is dock located on the property at 700 Koke Drive, Southold, New York. 4. Mrs. Petras believes that the dock is fully owned by her. 5. No documentation can be located by Mrs. Petras to definitively determine if the dock is owned fully by Mrs. Petras or joimly by Mrs. Petras and Neighbor, as there has been no certificate of completion that is known to have been issued on the dock. 6. Neighbor believes that the dock may have been jointly built by Mr. Walter Gless, the deceased father of Neighbor, and Mr. Thomas N. Craig, the deceased husband of Mrs. Marjorie Petras, though no documentation can be located to definitively determine the ownership of the dock. 7. Neighbor agrees that this dock is not on their property and that it is not jointly owned by them. Neighbor hereby waives any and all rights to the dock and permit Buyers to obtain a permit and certificate of compliance evidencing sole ownership of the dock as part of the property located at 700 Koke Drive, Southold New York· 8. The parties agree to file this agreement with the Board of Trustees for the Town of Southold. State of ~r"~~r County of ~cr-,~ ~¢_~¢_ k,~c.~.%¢. b~cribe~ ~s Sworn to and suOS before me on of This document reflects the entire understanding between the parties. NIELINDA I... ROBERT~ NO?~RY P U.B.[,IC t,{Y COMMIS$!ON EXPtRE~ OCT. 31, '201:: PAUL SALERNO ANGEL~. SALERNO STATE OF NEW YORK } } SS.: COUNTY OF } On the __ day of in the year 2008, before me, the undersigned, personally appeared j personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK } } SS.: COUNTY OF ..~ ~'~cfJd_ the J day of '~/Cf in the year 2008, before me, the undersigned, On ap~.ar~_~_aul.~ ~?m0~---~e/a~"*~rna personally known to me or proved to me on personally the basis of satisfactory evidence to bd the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the insmnnent. N~nblic / J , ~, __ // APRIL PANCELLA HAUPT Notary Public, State Ot New YorR No. 02HA5026170 Qualified In Suffolk County . ~ Commission Expires April 1~i 20~ 12 ! This Agreement is made by and between Paul and Angela Salerno (hereinafter referred to as "Buyers") and Brian Sinclair (on Behalf of Eileen Sinclair) (hereinafter referred to as "Neighbor"). Neighbor owns or controls ownership of 25% of the property located at 800 Koke Drive, Southold, New York, which is adjacent to the property at 700 Koke Drive, Southold, New York. 2. Buyers are in contract to purchase (or have purchased) from Mrs. Marjorie Petras the property located at 700 Koke Drive, Southold, New York. 3. There is dock located on the property at 700 Koke Drive, Southold, New York. 4. Mrs. Petras believes that the dock is fully owned by her. 5. No documentation can be located by Mrs. Petras to definitively determine if the dock is owned fully by Mrs. Petras or jointly by Mrs. Petras and Neighbor, as there has been no certificate of completion that is known to have been issued on the dock. 6. Neighbor believes that the dock may have been jointly built by Mr. Walter Gless, the deceased father of Neighbor, and Mr. Thomas N. Craig, the deceased husband of Mrs. Ma(}orie Petras, though no documentation can be located to definitively determine the oxvnership of the dock. 7. Neighbor agrees that this dock is not on their property and that it is not jointly owned by them. Neighbor hereby waives any and all rights to the dock and permit Buyers to obtain a pernfit and certificate of compliance evidencing sole ownership of the dock as part of the property located at 700 Koke Drive, Southold New York. 8. Neighbor shall be held hvavnless for any torts or acts, intentional or unintentional, that arise lycra the future use of the dock or its construction; and an3' torts or acts, intentional or unintentional, that arise from the future use of Ibc dock or its construction. The ~tbrememioned dock will be the full responsibility of the buyer who has 100% ownership, responsibility and liability for such dock~ and will indemnif}, ncighbm' for troy acts, claims, liabilities, or lawsuits that arise lycra the ase of the deck or its construction~ The parlies agree to file this agreement with the Board of Trustees f~r the Town of Scut x d i0. This docunlent reflects the entire understanding between the parties. (On bebalfofEileen Sinclair} PAUL SAI,ERNO ANGEl..\ SAI.LRNO STATE OFNEVv' JERSEY ~ COUNTY OF BERGEN ~. ~,~ ~3~ On the _~.~, day o£ _.),u~; h~ the year 2008, before me, the undersigned, personally appeared BRIAN SINCI,AIR, personally known to me or proved to me on die basis of satisfactory evidence to be the individual whose name is subscribed to ibc within it~strument and acknowledged to mc that he/she executed the same in b's,her- capacity, and that by his,'"her signature on the it~strnmen~, the individual, or Ibc person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK } COUNTY OF SOP/ 9 _ On the ~t~day of ~-~[q in the year 2008, before me, the undersigned, personally appea~/.~/~r[~_~~]d,~, personally known to me or proved to me on the basis of satisfactory evidence to b6the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. APRIL PANCELLA HAUPT Notary Public, State O4 New York No. 02HA5026170 n Suffolk Cour~ty .~, Qualified Expires Apr 11120¢~,~ Commission PRICEWATERHOUSE~E PAGE 81/82 This Agreement is made by and between Paul and Angela Salerno (hereinafter referred to as "Buyers") and ~-)"~¢q ~-n ~ ~/]/~q hr~Chereinafter referred to as "Neighbor"). l. Neighbor owns or controls ownership of 25% of the property located at 800 Koke Drive, Southold, New York, which is adjacent to the property at 700 Koke Drive, Southold, New York. the property located at 700 Koke Drive, Southold, New York. 3. There is dock located on the property at 700 Koke Drive, Sonthold. New York. 4. Mrs. Pel~as believes that the dock is fully owned by her. 5. No documentation can be located by Mrs. Petras to definitively determine if the dock is owned fully by Mrs. Petras or jointly by Mrs. Petras and Neighbor, as there has been no certificate of completion that is known to have been issued on the doclc 6. Neighbor believes that the dock may have been jointly built by Mr. Walter Gless, the deceased father of Neighbor, and Mr. Thomas N. Craig, the deceased husband of Mrs. Marjorie Petras, though no documentation can be located to definitively determine the ownership of the dock. Buyers are in contract to purchase (or have purcha~d) fi'om Mrs_ Marjorie Petras 7, Neighbo~ agrees that this dock is not on their property and that it is not jolutly owned by them. Neighbor hereby waives any and all rights to the dock and permit Buyers to obtain a permit and certificate of compliance evidencing sole ownership of the dock as part of the property located at 700 Koke Drive, Southold New York, 8_ The parties agree to file this agre~men; with the Board of Trustees for the Town of Southold. , 9. This document reflects the entire understanding between the parties. PAUL SALERNO ANGELA SALERNO STATE OF NEW YORK COUNTY OF } On the ~ day of ~t.~m the year 2008, before me, the undersigned, personally appeared d O&fln~ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose marne is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by Ms/her signature on the instrument, the individual, or the person upon behalf of wMeh the individual acted, executed the immanent. STATE OF NEW YORK } } S$,; COUNTY OF } Notam/Pub~c On the day of in the year 2008, before me, the undersigned, personally appeared , personally known to mc or proved to me on the basis of satisfactory evidence to be the ind/vidual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her eapecity, and that by his/her signature on the iustrument, thc individual, or the person upon behalf of which the mdivi~qual acted, executed the instrument. Not,~-y Public PRICEWATERHOUSEIE PAGE 03 This Agreement is made by and between Paul and Angola Salerno (hereinafter referred to as "BuyerS") and (-~,~¢ ~.~(~c.~ ,r'otOe- ) (here~affer referred to as '~%ighbor'). 1. Neighbor owns or controls ownership of 25% o£the property located at $00 Koke Drive, Southold, New York, which is adjacent to the property at 700 Koke Drive, Southold, New York. 2. Buyers are in contract to purohase (or have purchased) from Mrs. Marjorie Petras the property located at 700 Koke Drive, Southold, New York. 3. There is dock located on the property at 700 Koke Drive, Southold, New York. 4. Mrs. Petras believes that the dock is fully owned by her. 5. No docuroentation can be located by Mrs. Petras To definitively determine if the dock is owned fully by Mrs. Petras or jointly by Mrs. Petras and Neighbor, as there has been no ceCdficate of completion that is known to have been issued on the dock. 6. Neighbor believes that the dock may have been jointly built by Mr. Walter Gless, the deceased father of Neighbor, and Mr. Thomas N. Craig, the deceased husband of Mrs. Marjofie Petms, though no documentation can be located to definitively determine the ownership of the dock. 7. Neighbor agrees that tiffs dock is not on their property and that it is not jointly owned by them. Neighbor hereby ~aives any and all rights to the dock and permit Buyers to obtain a permit and certificate of compliance evidencing sole ownership of the dock as part of the property located at 700 Koke Drive, Southold New York. 8. The par~es agree to file this agreement with the Board of Trustees for the Town of Southold. i~ ((~, [C' JUL 2 ! v8 This document reflects the entire understanding bev,veen the parties. PAUL SALERNO ANGELA SALERNO STATE OF NEW YORK ) } SS.: COUNTY OF k~ On the ~[ da], of ~.1~ in the year 2008, before me, thc undersigned, personally appeared ~5~}l~l~.~t~ i~'lrCAivd~rl~. , personally known to mc or proved to me on the basis of satisfactory evidence to b~ the individual whose name is subscribed to the within hastrament and acknowledged to me that be/she executed the same in his/her capacity, and that by Ns/her signatare on the instrument, thc individual, or the person, upon behalf of which the individual acted, executed thc instrument. STATE OF NEW YORK } } 88.2 COUNTY OF } Notary Pablie No. 4,.q$,~0'4 On the __ day of in the year 2008, before me, the undersigned, personally appeared ~ personally lmov~ to mc or proved to me on the b~sis of satisfactory evidence to be the individua/ whose name is subscribed to the wit}fin instrument and acknowledged to me that he/she executed the se. me in his/her capacity, and that by his/her signature on. the instrument, the individual, or the person upon behalf of which the individual acted, executed the immanent. Notary Public This Agreement is made by 8g_d between Paul and Angeia Salerno (hem'inafmr refen'ed to as "Buym") and ( ~ '~ I ¥ 4 g' ) 01ofolna~[~l' r~fcmxl to as "Neighbor"). 1- Neighbor owns or controls ownership of 25% of th~ ptol~rty locat~ at $00 Koke Drive, Southold, New York, which is edjaeent to the property at 700 Koke Drive, Sonthold, New 2. Buycas are in contract to purchase (or have purchased) from Mrs. Marjofi¢ P¢lras the property located at 700 Koke Drive, Sonthold, New York. 3. ~ is dock located on the property ~t 700 Kok¢ Drive, Southold, Now Yortc 4. Mrs. P¢~as believes flxat the dock is fully owned by h~r. 5. lqo documentation c~a be located by Mrs. Peru to defiffifively determine if tho dock is owned fully by Mrs. P~as or jointly by Mrs. Petras and Neighbor, as them ha~ been no certificate of completion that is known to have been issued on the dock. 6. Neighlaor I~lieves that the dock may have been jointly built by Mr. walter Gless, the deceased father of Neighbor, and Mx. Thomas 1~. Craig, the deceased husband of Mrs. Marjorie Petras, though no documentation can be located to definitively detrawlne the ownership of the dock. 7. Neighbor agrees that this dock is not on their propet'ty ~md that it is not jointly owned by them. Neighbor hereby waives any and all righls to the dock and l~6uait Buyers ~o obtain a permit md certificate of compliauce evidencing sole ownc. rship of the dock as part of the propen'y located at 700 Kok¢ Drive, Southold New Yorlc Th~ partie~ agr~ to file ~ agr~m~t with thc Board of Trastees for the Town of Sonthold. This document reflects the entire ~g l~twccn the M£LINDA ih. ROBERT~; pALTL SALERNO ANGELA SALERNO STATE OF NEW YORK } COUNTY OF } On ~hc day of in thc ycar 2005, before me, the undcrsigned, personally appeared , tgnsoaally lmown to me or lXOVed to me on the basis of satisfacm~ evidcncc to be the imlividual whose atone is subscribed to the within insmancnt and acknowtcdged to me that he/she cxecutcd thc same in his/her capacity, and that by Ms/her si~mure on the insmanent, the individual, or the Ig~son upon behalf of which the individual acted, executed the ~ No~-y Public STATE, OF NEW YORK, } COUNTY OF } On the __ clay of in the year 2008, before me, the undersigned, personally appeared , personally known to me or proved to me on thc basis of salisf~ory evidence to be fhe ;ndividual whose m~ae is subscribed to the within instrument and aclmowledged to me that he/she executed the ssme in his/he~ capacity, and that by his/her signature on the inslxumc~ the indivkln_a!; or the l:~rson upon behalf of which thc individual ac~ed, executed the in.~amem. Not~ Public Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO, 754 DATE:~pt, l~.,i. 1972 Stake No. 329 ISSUED TO. Walter Gless& Thomas N?~ ......... Pursuant fo the orovisions of Chapter 615 of the Laws~0~. the State of New York. '1.893; and Chapter 404 of the Laws of {'h~ State ,o,f New York 1~$2 and the Southotd Town Ordnance fi+ed REGULATING AND THE PLACING OF OBSTRUCTION~ 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 Sept. 197;~.. and in consideration of the sum of $ 26.00 paid by .walter Glass & Thomas N. Craig ......... of Main ~yvie~ Rd,. Southold, N. Y. and subiec+ to the Terms and Conditions listed on fha reverse side heredf, of Southold Town Trustees authorizes and permits the following: construct a dock 3 ft. by 38 ft., ramp 3 ft. Dy 10 ft., float 8 ft. by 12 ft., (240 sq. ft,), w~ 2 pilings at their 3oint boundary line ( ~ .& 4 on. private road, "Koke. Drive. Southold all irt accordance with fha deta led specifications as presented in the originating applca+ion. IN .,WITNESS WHEREOF, The said 8oard of Trustees here~ by causes, ds Corp(~rate Seal ~o be aff. ixed, and these mesenfs to. be subscribed by a. ~aiorlty of fha sam Board as 0~fl~.is date. .! ~ TERMS .n~ CONDITIQNfl r~ The Permi~tee. Walter Gless & Thomas N. Cralq residing ar Main Bayview Road, Southold, iN. y, as part of the consideration for the isshahc~ of the Permit does understand and prescribe tb the fol- lowing: t. That the said Board of Trustees mud the Town of Southold are released ~. any and ali damages, or cia/ms for damages, Of suits arising directly or indirectly as a result b~ any oper- atlon performed pursuant to this pettxfit~ and the said Permittee,witl, at hi~ or her o~n expense, defend any and ail tach suits initiated by third parties, and the said Permittee assumes :f~ll liability with respect thcreto, to the complete exclusinn, of the Board of Trustees of th~ Tow~a iJf Southold 2, rhar this Permit Ls valid for a period of 12 mos. which is considered to be the esifin, ated 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. 5.. '~,at this Pemfit should be retalncd indefinitel, y; or as tong as the said Permittee wishes to malntam the structure Or projec~ im,nived, to provxde evldenee to 'anyone con~:emed ihat auth. orizafion was origh2aily obtainecL 4. That the work involved will be subject to the [nspecdon and apt~roval of the Board or ~ts agents, and non~compliatice with the provisions of the orlg~nating appllcatio~ m~ be cause for re',ocatton of th~s Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result 0/. the work herein authorized. 6. That there shall be no interference with the.rlgbt of the public to pass ~@d ?epa.ss along the beach between high and low water marks. 7. That if ft~mre operations of the Town of Southold require the removal and/or aJterations itl the location of the work herein authorized, or if, ~ the opinion of the Board o~f Tx'os-tees, the work shall cause unreasonable obstracffon to free llevlgadoo, the said Permit-tee will be required, upon due notice, to remoYe or alter this work or project herein stated'veitho~t eXpelZSe. S to the Town of Southnid. 8. That the said Board will be notified by the Permittee of the completion of th~ work anth- 9. '[?nat the Permittee will obtain all other permits and consents that may, 1~ required sup- pie. mental 'to this permit which may be subject to revoke upon failure to obtain same. ~ rev/6/72 · mo: ~alter Olesm and ~noma$ N. Craig, Main Bayview Roadi 1. Your appIicatio,,, datedSeDt. 11, 1972 has been reviewed by ~hts ~oard,at a mseti~g of the Trustees held on ~Sept, em~r ~il ~972 . . and resulting in the actzon, as tndicaged below: (X~) Application app~ovsd, -' // (___) Appl icat ion denied. ( ) Applicat ion tabled. 2. Comments and remarks: 3. If your application is.approved above, A Permit Fe~Cis now du~, and should be made payable ~o the order of ~he Board~of S~th~ld £ow~. Trustees.! This fee is computed below accordin~ ~ th~.Sched~le of Rates as set forth in the Instruction ~h~et (Fo~ I/l) f the ~ermit Fee is paid in person ~O the Secretary of the goafd, Th~ Per,it will be obtainable at the Same time. I~ the fee is paid'by mail, .thc permit Qil] be mailed in reply. Computation of Fermit Fee: Dock - 3 ft. by 38 ft. - 114 sq. ft. Ramp ~ 3 ft. bY 10 ft. - 30 sq. ft~ [ t Fl~et- 8 f~ by 12 f%. -. 9~ sq ft. 240 sq. ft. ~ t0¢ sq. ft~*~v $24,00 2 pilings ~i~0~i~m 2.00 Total Fee for this application: ............... $ 26.00 Chm. Board of Southold Towm Trustees. P4OAR'D .,~, SOUT}{OLD ~g ^~PLICATION' FOR FIXED and/or FLOkTIN~"~OCKs t, Applicant's name & address:~/~u~ ~&E~ r ev-7~ / 72 gontractor's name & address: Briefly explain thepurpose of ~his application: 4. After issuance of a Permit, i expect to: (mark by an X) (a) Commence work ..... AT ONCE__; ASAP'~f; UNKNOWN (b) Complete work in--IDAY__; 1MO. ~; It*R.__; FU£URE__. 5. Secure the correct Area b~p from the Secretary of this Board,and by using an X WITHIN A CIRCLE indicate as closely as possible the !oca~ion of tlnis dock. On the reverse side of this map~ provide a SCALE DRAWING which will show Ordinary High Water Mark, the shape and size of the dock and any supplemental pilings which are needed to hold a floating deck or tie~up a boat° Give all dimensions necessary to determine the area of the dock surface which extends offshore from the O.HoWoM. Will any portion of this construction extend offshore into i~aters beyond an imaginary line or boundary fo.~med by other similar structures along the area's shoreline? _~or MOo If does extend beyond this so-called dock line indicate by how far,approximately,., fto 7. Provide the followinz documents: (a) A Licensed gnRineer's Survey of the property involved. (b) A copy of the Contractor's Plans & SpeciflcatzonSo Will this construction require the Filling of any land offsi~ore of the Ordinary High Water Mark or the Dredging of any material ~om ~own. Lands under water? ~f~ or NO.. If it does, Form A/4 ~ pptzcat[on for Dredging/Fill~-----~must be completed and attaci~ed as part of this application. In r~questing approval of this application, I submit that: the information presented herein is true and correct to the best of my knowledge and belief; ! am the person accountable for the, performance of the work in accordance with the plans and spec- ifications attached ; I have read or am familiar with the pro- visions of any $outhold Town Ordinance pertinent to the work involved1 and further~I intend to adher~to and abide by the Terms and Conditions of the Permit, when and if issueO to me. // 6 ,3 lQ Corey--Creek, ..... r~No.~ ..... 2~...private· ~ .......... r~ad,~."K~ke Drive!', $ou~hold, New ¥~rk, a~,~in ~ccordan~e.with,the~ ... .... . application, . ~ ~ ~ submitted. Fee $5.00. ~.e ~-~.. ~e ~qa~:;~ A~e~.~: .- Mr. Goldsmith ~, Ro~ertson On mo~-ion of H-r, R~b~r~sgn seconded_ ~y ~.. S~ps9n, itwas ~SOL~D that ~lter Gless, ~in B&y~ew~.md, Sou~ol~, New York, be granted permission to bulkhead 82 feet across his property~on Corey~Creek.; ~t ~o. 3~ :p~%vate road, "Koke Drive", Sou~.~, ~w ~9r~ a~ in'~,accordap~e' wi~h ~ app~i~tio~: Vo~of, ~e.--.~ard: ....~s~. ~.~. ~ld.~h, ~ ~: Robe~tsoq, ~... On ~mo~ion of ~, S~mpson, seeonded by ~. ~rton, it was ~S~D' that ~homa.s ~r,ai~, ~in Ba~iew R~d, Southold, .New y~k}.::be~..~an~9~ pgrmrss~on to .bul~ead. 65 feet ~ac~oss. his p~oper.ty:en:~rey:.~ree~.~ lot Nq~4~ pr~ya~ road "Ko~ Drive"~. Southo:~, Ne~ York, aL1 in accord~.nc~.~ith' ~e app~lica~ion subleted..~Fee $5.~0.. -..~ ~, ..: - -. - VO~te~.oS~t~. Board: Ayes: ~r. ~smith, ~- ~bertso~, S-impson~. M~- ~r~o~, ~._Jphnson. . ........... ~ ~0tio~ .of- ~.:.Horton, 9econded~..by ~, Johnson, it was ~SOL~D ~at Ed. Dieffenbach, ~in Bayview B~d ~Out~old, New York, ..~.e graD:~ed ~rm~ssi~D t9 bulkkead ~-. feet..~aC~oss, his property on corey Creek, l~t No. 5~.~priyate road,.: '~ok~ Drive", Sou~old, New York, all in accordance with the application sub- Vo.t:e of ~he~.:Do~rd~: :Ayes~-Mr. ~oLdsmith, Mr. Rob~tson, Mr. Simpson, ~. ~6~n,.Mr.. J~hnson. . .. On motio~ of.~, ~gber~so~, secgnded by ~. Si~son, it was ~SOL~D:.~tha..t Walter' Gi.e~s 9nd ~homaS N. Craig, ~in Road,s. So~hold,~ ~ew York,... be~an_ted~p~rmissidn '~o bui.~d a dock . 3.- ft. ~y.~8 f~., ramp 3 ft.. by-~0 ft- and float 8 ft. bY ~2 ft~ wiKh t~e piLing,s: (240 s~.~ .f:t. ) ,~ a~ their. ]oint boundary t.i~e (between l~ts:.3 .& 4) ~n.:pr.~vate road., "Koke Drive", Sou~hotd, New York, ~all. i~. accordance with- ~e application submitted. Fee $26.00. Vote of th~ .~.d: Ayes: : ~. Gg~ds~$th, ~-- ~bertson. Simpson, ~. Horton, Mr. Johnson. .- ~ ~. Carrig a~so presepted ~ appl%ga%ion of- John McAlona~ -S~:ll~ter%Aven~e, C~tc~gue, ~ew~ York~ for permission const~c~ a 56 ft~.bu, lkhea~ on his pr~Y-at 'sti~l~e~. ' Avenue, on Eugene Creek. ~e Board will investigate the..si%~- On mot/oD ;of Mr..,Simps.on,...secon~ed ~y:Mr.,~or~on, .it was P~S~LVED that ~iltiam: ~. KenBe~y,.F,leetwood Road, Cutchogue, New~ York.-be~ graDte~ permission to~eXteud'~xisti~gdQck'-a~ bis KAROL HAUSMAN & SOSNIK, P.C. ATTORNEYS AND COUNSELORS AT LAW LOUIS E KAROL MICHAEL J. HAUSMAN HOWARD L. SOSNIK* SHt~YL BERGSTEIN BRIAN ADELMAN MAYRA HOLL-LOUGHNEY JORDAN S. LINN JULIE DELEON 600 Old Countty Road Garden City, New York 11530 Tel: (516) 745.0066 Fax: (516) 222-1499 Toll Free: (866) KHS-ATTY E-MAIL: khs@khs~.com August 12, 2008 *Also admitted in New Jersey, Florida and Georgta Board of Town Trustees Town of Southold Town Hall Annex 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Att: Lauren AUG l Counsel MARC ALHONTE APRIL E HAUPT DAVID GREEN Other Offices Brooklyn, New York Flushing, New York New York, New York Fott Lee, New Jersey Boynton Beach, Florida Clearwater Beach, Florida Re: 700 Koke Drive Dear Lauren: Enclosed please find the following documents: 2. 3. 4. Affidavit of Posting; Certified Mail receipts; Proof of Mailing of Notices; Return receipt cards that we have received to date. If there is anything further required before the hearing on August 20, 2008 please do not hesitate to contact me. APH:eks Enclosures Very truly yours, ApriT/Pancella Haupt 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 ,residingat f ~ ~ yI/L~ being duly sworn, depose and say: That on the 3 day of /~'~5c'~~t, 200~., I personally posted the property known as by pla2g~ Boa~rd~f~tTr~stee?o~c~a~l ~os~;~h~ereL'if~a:e~l~ se~d t~ ~h~v~ 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 Dated: ¢[o~ (signature) Sworn to before me this day of/cv~ .200 [/ Notary Public ARLEEN NOSTER NOTARY PUBLIC, State of New York No. 01 K04677892 Quarried in Suffolk County DF OF MAILING OF NOTICE H CERTIFIED MAIL RECEIPTS Fa Postage EM Certified Fee $0.42 0239 , $2.70 0~ Postmark Here S2.20 ~ $~.~ $ $5.~ ~/~ Address: Tr lle,.I i cact Subtotal'. :=======:: ;iding at $0,00 m~ duly sworn, dcpos~ ~d says that on thc ~0t~] ', ~, deponent mafldd a t~e copy o~thc Hofice Pa~d by: cation, directed to each o~ thc ~bovc ~med ..~ ~.~**es set opposite there respective n~es; that thc ~dd~esses set * opposite thc names of smd persons ~c thc ad.ess of smd persons as sho~ on thc c~em ~scssment mil o~thc To~ of Southo]d; Sat s~d Hoficcs were mailed at thc Un,ted States Post ~~a~r,~ ~ , that s~d Notices were mailed to each of said persons by ~ ~regist~red) mai[ Sworn to before me this Day of/~t~U,~- ,,-~, 2-0 - ~ Not~ Public APRIL PANCELLA HAUPT Notary Public, State Of New York No, 02HA5026170 In Suffolk CouDty. Qualified Expires April 11]20~ U Commission PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK fkA.I 1 I%-I t:jl5 , being duly sworn, deposes and says that on the ~ da), of:/hJq 0_,B" ,20 ~', deponent mailed a true copy of the Notice set forth in the Board o'f Trustees Appli~:ation, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at ('/j,jr]~. ~/1~(.~, , that said Notices were mailed to each of said persons by -"~~egistered) mail. Sworn to before me this Day of, .,~,l)~'}' f. , 20 Of fl ""f 'Notary Public ' ~ ' APRIL PANCELLA HAUPT Notary Public, State Of New York No. 02HA5026170 Oualified in Suffolk County Commission Expires April lhgO~JL) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing, both suooortim~ and non- suooortim, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME The Application has been submitted to (check appropriate response): Town Board [] Planning Board [~ Building Dept. [~ Board of Trustees ~ Category of Town of S outhold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code 0/)x- (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~ If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient usc of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~es ~-~No ~-~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria ~ Yes [~ No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 roi' evaluation criteria ~-~lx/I Yes [] No [--] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria I~/] Yes [~ No [-'] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Appb~cable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [~ No ~"Not Applicable PUBLIC COAST POLICIES Pol!cy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ['--] Yes~ No F--~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No ~Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~/Yes ~ No [--] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No Ii'Not Applicable 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. [] Yes ~ No ~/Not Applicable TITLE ~.-~.o~.~ DATE Board of Trustees Application County of Suffolk State of New York P~,-~ 0'7'dr'aJt,',--~ t'3',,~- ~f,,-'~d~,,,t ~(~ BE~GD~YSWO~ DEPOSES ~ ~FI~S THAT ~/S~ I$ T~ ~PLIC~T FOR T~ ~O~ DESC~BED PE~IT(S) ~ THAT ~L STATE~NTS CONT~D ~ ~ TK~ TO T~ BEST OF ~S~R ~OWLEDGE ~ BELIEF, ~ T~T ~L WO~ WILL BE DO~ ~ T~ M~NER SET FORTH ~ T~S APPLICATION ~ AS MAY BE ~PRO~D BY T~ SOUTHOLD TO~ BO~ OF TRUSTEES. T~ ~PLIC~T AG~ES TO HOLD T~ TO~ OF SOUTHOLD ~ T~ TO~ TRUSTEES H~LESS ~D F~E FROM ~Y ~D ~L D~AGES ~ CL~S ~S~G ~ER OR BY VIRT~ OF SMD PE~IT(S), ~ G~TED. ~ CO~LET~G THIS ~PLICATION, I ~BY AUTHO~E T~ ~US~ES, T~ AGENT(S) OR ~P~SENTATI~S(S), TO EN~R ONTO MY PROPERTY TO INSPECT T~ P~MISES IN CON~NCTION ~TH ~W OF THIS ~PLICATION SWORN TO BEFO~ ~ THIS ~ &d DAY OF N~ ~ ,20 O~ ~~ublic ' ~ APRIL PANCELLA HAUPT Notary Public, State Of New York No. 02HA5026170 Qualified In Suffolk Cougty .. Commission Expires April /-- ASSIGNMENT OF BOARD OF TOWN TRUSTEES APPLICATION 1. Marjorie D. Petras have sold property located at 700 Koke Drive, Southold, New York I 1971, Tax Map Number 1000-87-5-6 to Paul Salerno and Angela Salerno. The sale of the property took place on July 22, 2008. I hereby assign any right, title and interest 1 have to ?aul.Salerno and Angela Salerno in connection with an application made with the Board of Town Trustees, Town of Southold, for a pre-existing dock. The application was made by my agent Jerry Cibulski. Dated: July 22, 2008 Marjorie D.~etras APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics omhibits conflicts of interest on the hart of town officers and emnlovees. The t~uroose of this form is to nrovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is pecessarv to avoid same. (Last name, first name, middle initial, unless you am applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee ~ Change &Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relatmnsh~p' includes by blood, marriage, or business interest. Bus~nass interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a co[potation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered 'WES", complete the balance of this forn~ and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (tbe applicant~agentYmpresentative) and the town officer or employee. ]Either check the appropriate line A) through D) and/or describe in tbe space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non-coq~orate entity (when the applicant is not a corporation); __~) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~,L. dayof '-t~'l.- 200~___ Signature Print Name BOARD ©F TRUSTEES · TOWN qF $OUT~OLDi ;, ' F ', t,.,~ ' ....... 2OtB ' : f