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Home My WebLink AboutTR-6829 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 York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TROSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ¼ constructed V/' Project complete, compliance inspection. JPlan View -, APPROVED Prepared for: Elizabeth Gardiner [~ ~ ~ ~ ~ ~, BOARD OF TRUSTE Surveyed: March 25, 2009 SCT# 1000-47-2-30 Town; Southold Suffolk County, NY Datum; Low Water I 1" = 80' I TOWN OF $OUTHOLD DATE Section LA,IN Proposed -~ Seasonal Ramp 32" x 20' .~ _~.~ & Float 6' x 20' lnstoll 411 remove 12/I -~ -~ pipes Cove ,\ SEA , ?;MAPPING ~OBERT H. FOX NY~ PL~ 5~ g7 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6829 DATEi FEBRUARY 27, 2008 ISSUED TO: MICHAEL BEHRINGER & VESHA KUMAR~ & ELI~ABETH GARDNER PROPERTY ADDRESS: 1755 & 1665 SHORE DRIVE~ GREENPORT SCTM# 47-2-30 & 31 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter l I 1 of the Town Code o~ the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 27~ 2008, and in consideration of application fee in the sum of $250.00 paid by Michael Behrin~er & Vesha Kt~mar & Elizabeth Gardner and subject to the Terms and Conditions as stated in tl~e Resolution, the Southold Town Board of Trnstees authorizes and permits the following: Wetland Permit to reconstruct the existing stairs, repair/replace the existing timber dock and add a new 32'x20' ramp and 6'x20' floating dock, and construct stairs from the dock to the beach, running parallel to the bulkhead, with the conditions of access stairs to be constructed on both sides of the dock, the dock including seasonal float will not to be constructed any further out than neighboring docks, the ramp and floating dock will be seasonal, installed no earlier than April 1st and removed no later than December 1st of each year, and as depicted on the survey prepared by Sea Level Mapping last dated April 21, 2009, and received on April 24, 2009. IN WITNESS WHEREOF, the said Board of TruStees hereby causes its Coq~orate 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 Michael Behringer & Vesha I,h~mar & Elizabeth Gardner residing at 1755 & 1665 Shore Drive, Greenport, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittec 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 concemed 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 Boardl That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 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 Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 27, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: MICHAEL BEHRINGER & VESHA KUMAR, & ELIZABETH GARDNER 1755 & 1665 SHORE DRIVE, GREENPORT SCTM# 47-2-30 & 31 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 27, 2008 regarding the above matter: WHEREAS, Patricia C. Moore, Esq., on behalf of MICHAEL BEHRINGER & VESHA KUMAR & ELIZABETH GARDNER 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 November 28, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application 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: access stairs to be constructed on both sides of the dock; the dock including seasonal float will not to be constructed any further out than neighboring docks; the ramp and floating dock will be seasonal, installed no earlier than April 1st and removed no later than December 1st of each year, and 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 27, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS. the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structu re 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 fa(~tors 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 MICHAEL BEHRINGER & VESHA KUMAR & ELIZABETH GARDNER to reconstruct the existing stairs, repair/replace the existing timber dock and add a new 32"x20' ramp and 6'x20' floating dock, and construct stairs from the dock to the beach, running parallel to the bulkhead, with the conditions of access stairs to be constructed on both sides of the dock, the dock including seasonal float will not to be constructed any further out than neighbonng docks, the ramp and floating dock will be seasonal, installed no eadier than April 1st and removed no later than December 1st of each year, and as depicted on the survey prepared by Sea Level Mapping last dated Apd121, 2009, and received on Apdl 24, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 528.00. ~ery truly yours, , President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ,'(~loe.~'~, ~'7 has been reviewed by this Board at the regular meetingof and your apphcation has been approved pending t~e ~omplet'o.' of th~ following items checked off below. ~?'~ZV~ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1~ Day of Construction ($50.00) ~ Constructed ($50.00) ~xCVJ Final Inspection Fee ($50.00) Y// Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit u pon completion of the above. COMPUTATION OF PERM T FEES: F/P~ o~.~r'x,~o' = 57~s?.~. x~3.~of~F/~l~ ~'~ ~o'~ 1~o~7.~/, TOTAL FEES DUE: BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated/(~O'ecr'LlgeC' o1~ ,:~C...~7 has been reviewed by this Board at the regular meeting of and your application has been approved pending the completiorr'of th~ following items checked off below. Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __, 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) V/'/Final Inspection Fee ($50.00) I// Dock Fees ($3.00 per sq. ft.)-'r~'~e:'7~-~r~,'^o-~ <.~oor-~ (-'ec_~e~?~ Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees 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., January 16, 2008, the following recommendation was made: Moved by Peter Young, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of MICHAEL BEHRINGER & VESHA KUMAR, AND ELIZABETH GARDNER to reconstruct the existing stairs, repair/replace the existing timber dock and add a new 32"X 20' ramp and 6'X 20' floating dock. Located: 1755 &1665 Shore Dr., Greenport. SCTM#47-2-30&31 Inspected by: Peter Young, Jack McGreevy The proposed dock was not staked, however the CAC Supports the application with the following Conditions: Appropriate materials are used; The dock extends no further seaward than the neighboring docks; · Provide public access across the bulkhead. Vote of Council: Ayes: All Motion Carried 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 Te]ephone ' 6319 65-1¥92 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report MICHAEL BEHRINGER & VESHA KUMAR, AND ELIZABETH GARDNER request a Wetland Permit to reconstruct the existing stairs, repair/replace the existing timber dock and add a new 32"X 20' ramp and 6'X 20' floating dock. Located: 1755 &1665 Shore Dr., Greenport. SCTM#47-2-30&31 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound /"Bay Distance of proposed work to edge of above: Part of Town Code proposed work falls under: v/Chapt.275 Chapt. 111 other Type of Application: v/Wetland __Coastal Erosion __Amendment __Administrative __Emergency Pre-Submission Violation Planning Info needed: 7~_j ,, / Modifications: Present Were: __ ing __J.Doherty '~,-~I5.Dickerson D. Bergen t""/B. Ghosio, Jr ~ H. Cusack D. Dzenkowski Mark Terry~other Form f'filed out in the field b' -- [-/ - ~ ,~ Mailed/Faxed to: Date: Environmental Technician Review 2125 CA cD PATRI~A C. MOORE, ATTORNEY~T LAW 51020 Main Road, So,,thold, NY 11971 (631) 765-4330 TO SUBJECT PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 February 13, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: BEHRINGER/KUMAR/GARDNER PREMISES: SHORE DRIVE, GREENPORT SCTM # 1000-47-2-30 & 31 (DOCK) Dear Board members: With reference to the above, please let this letter serve a request to amend the existing permit application so as to include stairs from the dock to the beach, running parallel to the bulkhead. We would also like to amend our permit application to include a split rail fence at the top of the bulkhead. Thank you. Very t~ru_ly yours, ~atricia C. Moore PCM/bp Enclosures OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner ', LWRP Coordinator Date: January 3, 2008 $euthhoid Town Board of Trust(H~ Re: Proposed Wetland Permit for MICHAEL BEHRINGER & VESHA KUMAR, AND ELIZABETH GARDNER SCTM #47-2-31 MICHAEL BEHRINGER & VESHA KUMAR, AND ELIZABETH GARDNER request a Wetland Permit to reconstruct the existing stairs, repair/replace the existing timber dock and add a new 32"X 20' ramp and 6'X 20' floating dock. Located: 1755 &1665 Shore Dr., Greenport. SCTM#47-2-30&31 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP: The proposed action would extend the existing 52 foot private dock another 40 feet into public waters which could impede public access and/or use of such waters. Total dock structure is proposed to be 92 feet. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant has not demonstrated to the Board that the proposed action complies with 275-11. C. (2) Docks outlined below. 275-11. C.(2) Docks (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, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [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. The applicant has not demonstrated to the Board the proposed action meets or furthers the above policy and/or sub-policies. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. Ensure that interference with passage along the shoreline is limited to the minimum extent necessary to gain access from the upland to the water. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. Obstruction of navigable waters and underwater lands is limited: a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and facilities. transmission The applicant enjoys access to public waters via an existing 52 foot long dock structure. The applicant has not demonstrated that the proposed action meets the above criteria listed in (4) a, b, and c above. Further, the LWRP does not support the construction of large, private dock structures in public waters. It is recommended that the Board amend the application to the greatest extent practicable (if possible) to meet the Town of Southold Local Waterfront Revitalization Program Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Jolm Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only __Coastal Erosion Permit Application ~/Wetland Permit Application __ Aclrn/nistrative Permit Amendment/Transfer/Extension __,.~Received Application: ~IkeceivedFee:$ (~"O ' - ' ~g-~mpleted Application __Incomplete __SEQRA Classification: Type I__Type II Unlisted __Coordination:(date sent) __---EWRP Consistency Assessment Form [e~l "C~AC Referral Sent: ]o2][0l ~gh~e of Inspection: ~Receipt of CAC Report: __Lead Agency Determination: _~Technical Review: ~,l:~61ic Hearing Held: Resolution: Name of Applicant Phone Number:( Suffolk County Tax Map Number: lO00- Prope~y Location: DO o7 (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: ¢rhg c rn oor II q7/ Phone: Board of Trustees Appl tion Land Ad'ea (in square feet): Area Zoning: ,(7. ~c~ GENERAL DATA Previous use of property: Intended use o f property: Covenants and Restrictions: Yes ~ No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements./),'"l~ /~2 c/~z · Has any permit/approval ever been revoked or suspended by a goven~anental agency? No Yes If yes, provide explanation: Project Description (use attaclu-nents if necessary): Z Board of Trustees App] ~tion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~0~_ dfC/ /~c~ %~3 Area of wetlands on lot: /~o _square feet Percent coverage of lot: ,/P / % Closest distance between nearest existing structure and upland edge of wetlands: ,/¥~' feet Closest distance between nearest proposed structure and upland edge of wetlands: /-/Pr' feet Does the project involve excavation or filling? No fi( Yes ~r/t"-* If yes, how much material will be excavated? How much material will be filled? cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area o f operations: Manner in which material will be removed or deposited: cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): ~ROJECT 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) 1. APPLICANT / SP,ONSOR 2, PROJECT NAME 3.PROJECT LOCATION: ~-hO~'~ ~)/~(/~ County SEQR Municipality ~/~0 ~L~ 4, PRECISE LOCATION:t Stree~ Addess and Read Intersections, Prominent landmarks etc -or provide map 5. IS PROPOSED ACTION: [] New [] Expansion [] Modificafion/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially , Z~' acres , ~-~f Ultimately "2~~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? r~Yes [] No If no, describe briefly: 9. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residential E~]lndustrial ~-"-]Commercial [~]Agdculture []Park/Forest/OpenSpace ~lOther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) F~Yes [--~No If yes, list agency name and permit/ approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~---]Yes r-'~No If yes, list agency name and permit / approval: 12, AS A ~E. SULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ~'Yes~[~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant ~ / Sponsor Name Date: Signature ~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency1 A, DOES ACTION EXCEED ANY TYPE [ THRESHOLD IN 6 NYCRR, PART 617.47 if yes, coordinate the review process and use the FULL EAF r'~ Yes [~No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declarafion may be superseded by another involved agency. ~-I Yes [--']No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: D2. Aesthetic, agdcultural, archaeological, hietodc, er other neturel or cultural resources; or community or neighborhood oharacte~ Explain hdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4, A community's existing plans or goals as officially adopted, or a chan§o in uso or intensity of uso o1 land or other natural resources? Explain brlefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: ¢6. Long term, short term, cumulatiYe, or other effects not identified in Ct -C67 Explain briefly: C7. Otherim acts(inoludingchan eainu$oofeitherquantit¥or eof energy? Explainbriefi · D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA/CEA)? [] Yes [] No I Ill yes, explain bdefl¥: ....... E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ye_s..~l~!~!n! [~Yes I--~ No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~r eachadversee~ectidenti~edab~ve'determinewhetheritissubstantia~~~ar~e~imp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachmen~ or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially I~rge or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppotting this determination. Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 January 23, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: BEHRINGER/KUMAR/GARDNER PREMISES: SHORE DRIVE, GREENPORT SCTM # 1000-47-2-30 & 31 Dear Board members: With reference to the above, enclosed please affidavits of posting (one for each application) certified mail receipt cards. Thank you. find two and green PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Very truly yours, // . 4. Restricted Delivery? 3. SerVice Type 1 (ExtraFee) E-lYes CERTIFIED ~O~re 2. Article Number i * -,.~'ll'r).s ,, LA I 7192 6463 3110 0000 5251 7192 6463 3110 fl000 5251 1. Article Addressed To: ELIZABETH GARDNER 2932 DAVIS STREET OCEANSIDE NY 11572 ZiP + 4 Code BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BEHRINGER & KUMAR AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-47-2-31 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing a 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the13th day of January, 2008, I personally posted the property known as Shore Drive, Greenport, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, January 23, 2008 on or about 6:00 p.m. Sworn to before me this (_.,~,..,% day of January, 2008. / Uotary BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BEHRINGER/KUMAR/GARDNER Regarding Posting of Sign Upon Applicant's Land Identified as 1000-47-2-30 & $1 AFFIDAVIT OF SIGN POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing a 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the13th day of January, 2008, I personally posted the property known as Shore Drive, Greenport, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, January 23, 2008 on or about 6:00 p.m. Sworn to before me this ~ day of January, 2008. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 7654643 January 11, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: BEHRINGER/KUMAR/OARDNER PREMISES: SHORE DRIVE, GREENPORT (DOCK) SCTM # 1000-47-2-30 & 31 Dear Board members: With reference to the above, enclosed please find certified mail receipts, affidavit of posting, and copy of letter to neighbors. Thank you. bp Enclosures BOARD Of TRUSTEES TOWN Of SOUTHOLD: NEW YORK ............................................................... X In the Matter of the Application of MICHAEL BEHRINGER, VESHA KUMAR & ELIZABETH GARDNER Applicant's Land Identified as 1000-47-2-30 & 31 AFFIDAVIT OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: ~d On th ay of January, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Sworn to before me this"l/~'w day of January, 2008 ? (No{~ry Public) MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified In Suffolk County ¢~ / PLEASE list, ~"~l~l~t~%~.'d~-v'./- or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. NEIGHBOR LIST FOR DOCK APPLICATION 1000-47-2-30 & 31 ELLIS & LARRY RENGIFO 3-33 PARSONS DRIVE WHITESTONE NY 11357 SCTM: 1000-47-2-32 ROBERT D EICHER 11 HILLCREST DRIVE PELHAM MANOR NY 10803 SCTM: 1000-47-2-29 RECEIPT FROM: SEND TO: ELLIS & LARRY RENGIFO 3-33 PARSONS DRIVE WHITESTONE NY 11357 FEES: Postage 041 : I' ~'~ 2.15 RECEIPT 7192 6463 3110 0~)0 5329 FROM: Pair/cia C MOore Esq RE: Behdngers Trustees SEND TO: ROOERT D EICHER 11 HILLCREST DRIVE PELHAM MANOR NY 10803 FEES: Postage 041 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 8, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: MICHAEL BEHRINGER, VESHA KUMAR & ELIZABETH GAP~DNER PREMISES: SHORE DRIVE, GREENPORT (DOCK) SCTM # 1000-47-2-30 & 31 Dear Neighbor: I represent the above with regard to property located on Shore Drive, Greenport, New York. They have submitted an application to the Southold Town Board of Trustees to reconstruct existing stairs, repair/replace existing timber dock and add a new 32" X 20' ramp and 6' X 20' floating dock. A copy of the Hearing Notice is enclosed together with a copy of a survey. The hearing on this matter has been scheduled for WEDNESDAY, JANUARY 23, 2008 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Very truly yours, ~P~ricia C. Moore PCM/bp enclS. C: Michael Behringer Vesha Kumar Elizabeth Gardner NOTIC OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Southold, New York, concerning this property. hel.d by the Ma~n Road, OWNER(S) OF RECORD: I~~ ~ .1~ ~.~ ~ SUBJECT OF PUBLIC HEARING:~Ii~:~~t TIME & DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspectionpnor to the day of the heanng during normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1 892 ,Plan 'View Prepared: 09-27-07 Amended: 10-03-07 Amended: 10-10-07 Amended: 10-20-07 Applicant: Michael Behringer SCT# 1000-47-2-31 Town: Southold Suffolk County, NY Datum: Low Water I 1" = 30' I -2.2 -2.5 1-~.0 SEA LEVEL MAPPING 631-722-3390 PO Box # 366 Aquebegue NY 11931 ROBERT H. FOX NYS PLS# 50197 O-Loc (2) new 7~ ............... Proposed ....... -2.2 Seasonal Ramp 32" x 20' & Float 6'x 20' ................ ~O- .......... ~ .... --3:0 ............ Fi?se CoVe Section - 52.' t:o house P.~cons~;rucf; I00 or ~oulkh~od ~41f. hln HH ct: I~" golvonlzmd n~ ~l~mad ~;~ln I~" piles 6' o. c. S~osono I ~ Flbo~ (6' x 20') Board of Trustees ApplicOLon County of Suffolk State of New York /YT swoP C/'~ . BEING DULY DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREiN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS /3J DAYOF ~,J~']J ,2o AUTHORIZATION T0~ New York State Department of Environmental Conservation Southold Town Zoning Board Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re': Premises at SCTM#1000- ~/7- ol - ~/. ¢ Owner: Michael Behringer The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a permit to reconstruct a dock, ramp and float, as well as any other marine structures, herein proposed on the above referenced parcel. AUTHORIZATION LETTER Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 New York State Department of Environmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Permits Any and all other State, County, or Local agencies. AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 Dear Sir or Madam; The undersigned authorize Patricia C. Moore Esq. as our agent for all submissions to the Southold Town Trustees, The New York State Department of Environmental Conservation, and any other State, County, or Local agency which may be required for replacement and modifications to existing dock. APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Lust name, first name, mid'lie initiul, unless you are applying in the nume of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Pl~t or Official Map Other '~ 'Z,~.2c:Sm'~ ~ Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO .~ Complete the balance of this form and date and s~gn below where indicate& Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner ofgreatar than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION- reconstruction of existing dock, new ramp and float SCTM#1000- 47-2-30 & 31 The Application has been submitted to (check appropriate response): Town Board Zoning Board Planning Dept. Building Dept. Board of Trustees ~X 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: Reconstruct of existing dock with new ramp and float Location of action: Shore Drive, Greenport Site acreage: .25 acres. Present land use: residential Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Michael Behringer & Vesha Kumar and Elizabeth Gardner (b) Mailing address: Shore Drive, Greenport (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (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: DEC, Dept of State and Army Corp.- dock built prior to 1962 and located between the two properties. Dock to be shared between two homeowners 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Reconstruction of existing structure and addition of ramp and float to be shared. 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 Existing developed site- fully developed area. Attach 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 Applieable 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 The existing dock will be reconstructed/repaired with new ramp and float. Structure constructed prior to 1962 additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The replacement of the existing dock will be an improvement to the water quality. All construction will meet current stricter standards then the existing structure. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The replacement of the existing dock will place conditions on construction which mitigate impacts. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No 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 Property previously developed with a dock which is owned by Behringer. Rather than relocate the structure the neighbors agreed to share in the use of the dock, ramp and float PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary WORK1NG 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 property is a waterfront parcel with a single family dwelling. Reconstruction of existing dock is requested. 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 Construction of new dock will be done with current environmental regulations. 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