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HomeMy WebLinkAboutTR-7157BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD; NEW YORK PERMIT NO. 7157 DATE: AUGUST 19, 2009 ISSUED TO: EDNA MCNULTY PROPERTY ADDRESS: 875 WESTVIEW DRIVE~ MATTITUCK SCTM# 139-1-18 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 19, 2009, and in consideration of application fee k~.the sum of $250.00 paid by Edna McNulty and subject to the Terms and Conditions as stated ia the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a fixed timber dock consisting of a 4'x90' fixed timber catwalk (elevated 4' above grade of marsh), a 3'x20' hinged ramp, and a 6'x20' floating dock supported by (2) 8" diameter pilings, and as depicted on the site plan prepared by En-Consultants, Ine., last dated April 30, 2007, and received on July 29, 2009. IN WITNESS WHEREOF, the said Board of Trustees bereby 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 Edna McNulty, residing at 875 Westview Drive, Mattituck, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released fi.om any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of 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 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 Trnstees, 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 August19,2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Kathleen Goggins P.O. Box 877 Southold, NY 11971 RE: EDNA MCNULTY 875 WESTVlEW DRIVE, MATTITUCK SCTM# 139-1-18 Dear Ms. Goggins: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 19, 2009 regarding the above matter: WHEREAS, Kathleen Goggins on behalf of EDNA MCNULTY 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 29, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 19, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of EDNA MCNULTY to construct a fixed timber dock consisting of a 4'x90' fixed timber catwalk (elevated 4' above grade of marsh), a 3'x20' hinged ramp, and a 6'x20' floating dock supported by (2) 8" diameter pilings, and as depicted on the site plan prepared by En-Consultants, Inc., last dated April 30, 2007, and received on July 29, 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: $0.00 Very truly yours, j me~sF. KinC~gg ~' President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS, PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed Project complete, compliance inspection. REPLY TO A~'~rENTION OF: Regulatory Branch Eastern Permits Section SUBJECT: DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 FEB 2 0 2008 Department of the Army Permit Number NAN-2007-229-ESP Edna McNulty c/o John McNulty, POA P.O. Box 107 Laurel, N.Y. 11948-0107 Dear Ms. McNulty: We have completed our review of Application No. NAN-2007- 229-ESP. Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), you are hereby authorized by the Secretary of the Army: ACTIVITY: Construct a 4-foot wide by 90-foot long pile- supported open-grate fixed pier, to be elevated a minimum of four (4) feet above the grade of wetlands, and 3-foot wide by 20-foot long ramp leading to a 6-foot wide by 20-foot long float to be secured to two (2) pilings. All work shall be performed in accordance with the attached plans, subject to Special Condition (A), and New York State Department of Environmental Conservation Permit No. 1-4738-03682/00001 dated October 24, 2007, which is hereby made part of this permit. WATERWAY: Mattituck Creek, Long Island Sound LOCATION: Mattituck, Town of Southold, Suffolk County, New York. The activity authorized herein must be completed within three years of the date of this permit. This authorization is subject to the enclosed conditions. Please find enclosed two forms to be used to submit to this office, as required, the dates of commencement and completion for the authorized activity. Attached to this verification that your project is authorized by LOP is an approved jurisdictional determination. If you are not in agreement with that approved JD, you can make an administrative appeal under 33 CFR 331. This letter contains an initial proffered permit for your activity. If you object to this permit decision because of certain terms and conditions therein, you may request that the permit be modified accordingly under Corps regulations at 33 CFR 331. Enclosed you will find a combined Notification of Appeal Process (NAP) and Request for Appeal (RFA) foDm. If you object to this permit decision you must submit a completed RFA form to the New York District Office at: Richard L. Tomer Chief, Regulatory Branch New York District Corps of Engineers 26 Federal Plaza, Room 1937 New York, New York 10278-0090 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by AP~ 20 2C0~ It is not necessary to submit an RFA form to the District Office if you do not object to the permit decision in this letter. The authorized activity must be performed in accordance with the enclosed plans. If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted to the District Engineer. These plans must receive the approval required by law before work begins. Notice is hereby given that the permittee should recognize that a possibility exists that the structures permitted herein may be subject to wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structures permitted herein and the safety of boats moored thereto from damage by wavewash and the permittee shall not hold the United States liable for any such damage. 2 If any questions should arise concerning this matter, please contact Craig Spitz, of my staff, at (917) 790-8522. Enclosures CF: En-Consultants, Inc. Sincerely, ~'J~"' be ha i f of Aniello L. Tortora Colonel, U.S. Army District Engineer 3 95-20-1 (11/03) -gd New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number/"- 4/'2.~<~--~/_o R2.,/~c~O/Regi°nal Permit Administrator NOTE: This notice is NOT a permit James Eckert, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 12, 2009, the following recommendation was made: Moved by James Eckert, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of EDNA MCNULTY to construct a fixed timber dock consisting of a 4'X 90' fixed timber catwalk (elevated 4' above grade of marsh), a 3'X 20' hinged ramp, and a 6'X 20' floating dock supported by (2) 8" dia. pilings. Located: 875 Westview Dr., Mattituck. SCTM#139-1-18 Vote of Council: Ayes: All Motion Carried James F King, President Jill M Doherty, Vice-President Peggy A. Dicke~3on Dave Bergen Bob Ghosio, 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: Kathleen Goggins on behalf of EDNA MCNULTY requests a Wetland Permit to construct a fixed timber dock consisting of a 4'X 90' fixed timber catwalk (elevated 4' above grade of marsh), a 3'X 20' hinged ramp, and a 6'X 20' floating dock supported by (2) 8" dia. pilings. Located: 875 Westview Dr., Mattituck. SCTm#139-1-18 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 __Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: __J.King __J.Doherty __P.Dickerson __ D. Dzenkowski ether Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 To: Jim King, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: August 13, 2009 Re: Proposed Wetland Permit for EDNA MCNULTY SCTM#1000-139-1-18 EDNA MCNULTY requests a Wetland Permit to construct a fixed timber dock consisting of a 4'X 90' fixed timber catwalk (elevated 4' above grade of marsh), a 3'X 20' hinged ramp, and a 6'X 20' floating dock supported by (2) 8" dia. pilings. Located: 875 Westview Dr., Mattituck. SCTM#139-1-18 Pursuant to § 268-5. Review of actions, the LWRP Coastal Consistency Review prepared for the proposed action on March 12, 2007 is still in effect. Cc: Lori Hulse, Assistant Town Attorney OVVICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAIHNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fa~ 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM James King, President Town of Southold Board of Trustees MAR ]2 2OO7 From: Mark Terry, Principal Planner LWRP Coordinator Date: March 12, 2007 Re: Request for Wetland Permit for EDNA MCNULTY C/O JOHN MCNULTY SCTM# 139-1-18 EDNA MCNULTY C/O JOHN MCNULTY, POA requests a Wetland Permit to construct a fixed timber dock, consisting ora 4'X 90' fixed timber catwalk (elevated 4' above grade of marsh); a 3'X 20' hinged ramp; and a 6'X 20' float supported by (2) 8" dia. pilings. Located: 875 Westview Dr., Mattituck. SCTM# 139-1 - 18 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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3, 9.4 and 10.5 (b) outlined below. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 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, shellfishing, waterslding 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, It is recommended that the Board evaluate whether the proposed dock will "extend beyond the minimum necessary for access to navigable waters" to meet sub-policy 9.4 below. 9.4 Assure public access to public trust lands and navigable waters. 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. 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 ciranmstances: when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. 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 transmission facilities. The LWRP recognizes that Mattituck Inlet and Creek is a regional Maritime Center. In addition the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. The recreational use of the proposed dock in Mattituck Creek ( a Maritime area) is consistent with sub-policy 10.5 (b) (below). Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal government, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: 1. Maintain existing sound infrastructure for continued or potential future use by preventing loss through abandonment and neglect. 2. Demolish and remove alternative infrastructure which is likely to present hazards to harbor operations. 3. Maintain existing, and, where necessary for water-dependent uses, construct new, shoreline stabilization and engineering structures such as piers, wharves, jetties, and bulkheads. 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 OFSOUTHOLD Office Use Only __~oastal Erosion Pemait Application --~etland Permit Application Administrative Permit ,~ __Amendmenffrransfer/Extension Received Applic~.on:~_0_q · ,..~l~eceived Fee:$ ~ ~'~mpleted Applichtion ~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ~I~WRP ConsistencyAsse~smept Form q[3~ b_~fAC Referral Sent: Q/,~lIO~ " ~l)ate of Inspection: ~r[ Receipt of CAC Report: Lead Agency Determination: Technical Review: ,l}a~Iic Hearing Held: ~l { {o[OrI Resolution: Address'.p.O. Phone Number:( Suffolk County Tax Map Number: 1000- Property Location: ~6~ bfgCP/zf~_~,] (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Phone: 0~/- ,ard of Trustees Applicat~ Land Area (in square feet): Area Zoning: /~ - Previous use of property: Intended use of property: GENERAL DATA Covenants and Restrictions: If "Yes", please provide copy. Yes / No Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ,.~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): C0tn~-/L~ kd,~ /l~_~ , d " t t ~ ' ' '~'' " ' ~ ": ~ _ I t~ / '1 I ard of Trustees Applicati WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~f, Area of wetlands on lot: /4 flaq square feet Percent coverage of lot: /(a. ~ % Closest distance betwee[~ nearest existing structure and upland edge of wetlands: tt/t//~ feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? / No Yes If yes, how much material will be excavated? How much material will be filled? ,,~/,~ ! cubic yards cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 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): ard of Trustees Ap~ 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? / No Yes If Yes, how much material will be excavated? /~///~ (cUbic yards) How much material will be filled? /V///~ (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) , i ,-f_ r PROJECT ID NUMBER PART 1 - PROJECT iNFORMATION 1. APPLICANT / SPONSOR ~'~n~-- 3.PRO]JECT 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME County 4. PRECISE LOCATION: Street Addess and Road Intersec0ons, Prominent landmarks etc -or provide map SEQR 5. IS PROPOSED ACTION: [~ New ~[ Expansion [~[ Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFECTED: Initially /. ~ ~ acres Ul~mately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [~ No If no, describe briefly: 9. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? (Chcose as many as apply.) [~Residential E~lndustrial [~Commercial [---]Agriculture [~]Park/Forest/OpenSpace ---]Other (descdbe) 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes ~No If yes, list agency 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 / approve~j~/~/~/~r~¢3~. 12. AS A R~ULT OF PROPOSED ACTION WILL ~ISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name ~-/~/~'~' ~"0.~1~'/~ 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 A~lenc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 ff yes, coordinate the review process and use the FULL EAF. [~Yes [~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. E~TM E~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 pat[em, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habtiats, or threatened or endangered species? Explain bdefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: CO. Long term, short term, cumulative, or other effsct~ not identh~ed ia Cf-G6? Explain briefly: C?. Other impacts {includin chart es in Use of either quanfi or of ener ? Explain briefl · WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? (If }'es, explain brier}': r--lYes i--INo E. IS THERE, OR S THERE L KELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If }'es explain: E~]TM E~N°I PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidentif~edab~ve~determinewhetheritissubstantia~'~arge~important~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) irrevemibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the d etermination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this Pox if you have identified one or more potent)ally large or significant adverse impacts which MAY occur. Then proceed directly to the FUL[ 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 actio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessaly, the reasons supporting thi! determination. Name of Lead Agency Date Title of Responsible Officer Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS $2.80 $2.30 ~ed De~vmy Fee (Endorsement Required) Total Postage & ~ees $ $5.~ ~ss different from Ite~ 1 ? Jelivery address below: ~1~1~ I'~"~'~. -./.. i/~-' ' k_l..~._l. I D R~m R~im for Memh~di, ~:~'~'~] ......... :~ .......... ~[~ ...................... ) ~11 ~ C.O.D. I i ' ~" ' ' .... du , being duly sworn, d~oscs ~o sa ~ ~at o~ ~c set fo..in ~c Bo~d of T~tccs Application, directed to each of ~c above n~cd pcrso~ at ~c ad~csscs set opposite ~crc ~csp~tivc n~cs; ~at ~c ~csscs set oppositc.~c n~cs of s~d pcmons ~c ~c ad.ess of s~d pcrso~ ~ sho~ on ~c c~cnt ~scssmcnt roll of ~c To~ of Southo]d; ~at said Notices wcrc m~lcd ~t ~c U~tcd Statcs Post (cc~[ficd) (~c~stcrcd) mail ' Day of . ~'_~.~q ,20 Notat'y Public Claire L. Glew Nolary Public, State of New Yolk No. 01GL487950§ Qualified in Suffolk Countv_ Commission Expires Dec. S.':>~--('~ / I A L $2.80 $2,30 USE ~OT~I~},~IAL USE t Poetage (Endoe~a~nt Re~u~red) $ $0.~ 0~2 S2.80 06 Postmark $ $5,,~ P~aee ~ ~ee 09~ Hem OBoard of Trustees Applica~on County of Suffolk State of New York /~g[j~d,L~t,d~T~ B E1N G D UL Y SW O RN DEPOSES HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN IO BEFORE ME THIS DAYOF ,20 o q Notary Public ELAINE T. VILLANO Notary Public, State of New York No. 01VI6029229, Suffolk Cou..nty..~ COmmission Expires Aug. 9, ~ of Trustees ApplicatO AUTHORIZATION (where the applicant /~not the owner) I, residing at ~'-p~-.,c~,,;,, (print o~er of property) (mailing ad~e~sy ~/~ ~0/ ~ do hereby a~thorize Sou~wn Trustees on my behalf. (Agent) to apply for permit(s) from the 8 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Soothold's Code of Ethics umhibits conflicts of interest on the vart of town officers and emolovees. The ooroose of this form is to on)vide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is ne t avoid same. (La.~ game, fh'tSt name,~niddle initial, ~mluss you ~e 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.) fid. t. 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 inten)st' means a business, including a partnership, in which the town officer or employee has eveo 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 f lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name ofpersoo employed by the Town of Southold Title Or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town offieer or employee. Either check the appropriate line A) through D) and/or describe in the spaco provided. The town officer or employee or his or her spouse, sibling, parent, Or child is (cheek all that apply): __A) the owner of greater than 5% of the shams 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 coqx~ration); __C) an officer, director, partnci', or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this..~._~day?f ~/~' Signature Print Name /(~ '/~/e.~ 2oo _ 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 supporting and non- suooortin~ 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# PROJECT NAME The Application has been submitted to (check appropriate response): TowaBoard [] PlanaingBoard['~ Building Dept. ~ BoardofTrustees 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 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) Nameofapplieant: ~;YlZ~ (b) Mailing address: ~/D ~'-O~r~/~]~/~D~t/ P~4~ <c> el p onenumber: eaCode< OBI- _g- (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 I. 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. Yes ~ No ~ Not Applicable Atlach 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 South°Id. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and 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 Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Y'~ [] No ~-~ Not Ap.qicable , ~ 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. I Yes No Not Apl~able to~fi,~o,nl' loc ,d- orol~,~M ~.r~/)oa¢.,~.. ~ ~z;[~ b~ ~c ~_~,? [,~~ Policy ~. Protect ~d i~pro~e ~Jr fl~lJ~ in the Tow~ of So~t~ol~. See EW~ Seetio~ III - Poli~Jes Pages 32 throu~ 34 for evaluation criteria. ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~ Not Applicable n~~' ~¢~"~J ~/'s ~t 0~1,7C- ~. t ' - -. ........ d- -' ~ - -~ ' Attach additional sheets if necessary WORKING COAST POLICI~ 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. :i~Yes [] No [] Not Applicable - , L " '- 0- 'd-' ...... ' ....... 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 Applicablc 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 PREPARED BY,~~/~ TITLE DATE EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING ~+ } ~ April 30, 2007 James King, Chairman Board of Trusms ' 4~lg4t......<_~__2~ ~ ii~t! Town of Southold P.O. Box 1179 ,- Southold, n971 . . Re: Edna MeNulty~ 875 Westview DnvqSoutlmlfl~. ~ p?/" ~ -: Dear Mr, King: Pursuant to our discussions and agreements during the 21 March 2007 public hearing on the captioned application, please find enclosed (3) copies of a project plan prepared by Eh-Consultants, Inc., last dated 30 April 2007, which has been revised to depict the following: 1. Proposed dock shifted four (4) feet to the east and reconfigured at its landward end to obviate the need to remove the Baccharis bush that was in line with the previously submitted proposal 2. A "three-pile bent" used only for the most seaward set of pilings supporting the catwalk 3. <A four-fo~t wide pathway through the wooded area, designed to obviate the need to remove any trees 4. Pursuant to our subsequent convemation, a reduction in the size of the support pilings over the marsh to 4" x 4" posts, as an alternative to the widening of the spacing between larger posts Should you require any additional information before the requested permit can be issued, please let me know. R~yours, Robert E. Hen'mann Coastal Management Specialist FIXED ~MBER CA~ALK D OF TRUSTEI 78' ~ DATE .... IM EN-CONSULTANTS, INC. "- ~ x,.2d" RANIP ".-- 1319 NORTH SEA ROAD .,C~:~.)x"~4' x 20' FL"'OAT ". SO~PTON, NY 11968 631-283 6360 ~" ~ '. RC.~STEES /' ~BOAf~D OF T -..xTOW..N OF SOUTHO.I:D/, PROPO~P POCK POl~ I~PNA MCNLLI'Y ON MAI'FlfLI~K MN'qfLICK, .f:LIFPOLK CO,. NY ~:f~J'l OF' 2 2-7-07, 4-~0-07 1" = 60' ~POd d~SOaO~d H~OabLk NOBD~ ( T U ( ~'ml~, PROPOSED 4' x 90' '~ FIXED 11MBER CATWALK EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD -2'- SOUTHAMPTON, ~ l19ffi_ 631-283'6360 MCNLLTY ON MA1TITLICK MAffI11J~K, 5LIFFObK CO,, NY 5H~1~1'1 OF' 2 2-7-07, DECK ' ~. ~ CLEARING, GRADIN ~ DISTURSANC~ ~"., _ -~ WIDE PATH S TAK'E'~S TIDAL WEJ~IDS BOUNDARY INC., ¢~NIl1~ .O-,O-MW J J .W01~ ,~ ~DO,d d~O¢lO~ Hgi'IO~H.L NOLLD:~