Loading...
HomeMy WebLinkAboutTR-7166 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 ¼ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7166 DATE: AUGUST 19~ 2009 ISSUED TO: FRANK & MARGARET BURR PROPERTY ADDRESS: HEDGE STREET~ FISHERS ISLAND SCTM# ~0-7-15 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 in the sum of $500.00 paid by Frank & Margaret Burr and subject to the Terms mid Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to repair and re-grout 52 linear feet of existing concrete capped, mortared stone seawall, as necessary, with the condition that a 5' non-turf buffer is to be installed and maintained along the landward side of the seawall, and as depicted on the site plan prepared by Docko, Inc., last dated September 29, 2009, and received on October 6, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Frank & Margaret Burr, residing at He. dee Street, Fishers Island, 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 Pennittee 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 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 exp~nses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidenoe shall be provided within ninety (90) calendar days of issuance of this permit. 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 7166C Date: August 19, 2009 SCTM#: 10-7-15 Name of Applicant/Agent: Keith B. Neilson of Docko, Inc. Name of Permittee: Frank & Margaret Burr Address of Permittee: Hedge Street, Fishers Island, New York Property Located: Hedge Street, Fishers Island, New York DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to repair and re-grout 52 linear feet of existing concrete capped, mortared stone seawall, as necessary with the condition that a 5' non- turf buffer is to be installed and maintained along the landward side of the seawall. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by Docko, Inc., last dated September 29, 2009, and received on October 6, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. INSPECTION: Final Inspection SPECIAL CONDITIONS: (apply if marked) N/A Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. N/A A relocation agreement is attached hereto and is a necessary special condition of this permit. N/A A maintenance agreement is attached with application and is a necessary special condition of this permit. James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dicker$on 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 Mr. Keith Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: FRANK & MARGARET BURR HEDGE STREET, FISHERS ISLAND SCTM# 10-7-15 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 19, 2009 regarding the above matter: WHEREAS, Docko, Inc. on behalf of FRANK & MARGARET BURR applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated 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, in accordance with Chapter 268, said application was found to be Exempt from 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 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of FRANK & MARGARTE BURR to repair and re-grout 52 linear feet of existing concrete capped, mortared stone seawall, as necessary, with the condition that a 5' non-turf buffer is to be installed and maintained along the landward side of the seawall, and as depicted on the site plan prepared by Docko, Inc., last dated September 29, 2009, and received on October 6, 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: $50.00 Very truly yours, President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghesio, 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 -~"-~-~-~ ~2~~ has been reviewed by this Board at the regular meeting and your application has been approved pending the com[ )l~tion of th~ following items checked off below. I~ 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) 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 upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees James Eckcrt, 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., August 12, 2009, the following recommendation was made: Moved by Doug Hardy, seconded by Greta Schiller, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of FRANK & MARGARET BURR to repair and re-grout 52 If. of existing concrete capped, mortared stone seawall, as necessary. Located: Hedge St., Fishers Island. SCTM#10-7-15 Inspected by: Greta Schiller, Doug Hardy Vote of Council: Ayes: All Motion Carried James F. King, Pl~sident 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: FRANK & MARGARET BURR request a Wetland Permit and Coastal Erosion Permit to repair and re-grout 52 If. of existing concrete capped, mortared stone seawall, as necessary. Located: Hedge St., Fishers Island. SCTM#10- 7-15 T~aOf area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Dist~ce of proposed work to edge of wetland Pa~ of Town Code proposed work falls under: ~./Chapt.275 Chapt. 111 other Type of Application: c/'/Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info n~ , , ~ Modifications: Conditions: Present Were: ,,.,,ing herty __P.Dickerson __ D. Dzenkowski other Form filled out in the field by D.Bergen__ B.Ghosio, Maiied/Faxed to: Date: FIi,U'kNK W. & MARGARET BURR " S PHOTOGRAPH~ JULY 6, 2009 ABOVE: Tills PHOTOGRAPH SHOWS THE NORTItERLY END OF THE BURR'S STONE WALL WHERE IT ABUTS DR. HOCH'S PROPERTY ALONG THE SOUTH SHORE OF WEST HARBOR LEADING INTO PIRATE'S COVE. THE PHOTOGRAPH REVEALS THE iRREGULARITY OF RUBBLE AND BOULDERS ON THE SHOREFRONT AND THE DETERIORATED CONDITION OF MORTARED JOINTS IN THE STONE WALL. THE PURPOSE OF THIS PROJECT IS TO RECTIFY THE STRUCTURAL STABILITY AND INTEGRITY OF THE MORTARED STONE JOINTS. FIC4,NK W. & MARGARET BURR PHOTOGRAPHS JULY 6, 2009 ABOVE: "Fills PHOTOGRAPH SHOWS THE STONE SEAWALL JUST NORTH OF THE WOOD PIER AT BURR'S PROPERTY LOOKING TO THE SOUTH. THE VOID BETWEEN ADJACENT STONES IS CLEARLY DEPICTED HERE SHOWING THE NECESSITY OF RE-GROUTING THE STRUCTURE. FRANK W. & MARGARET BURR PItOTOGRAPttS JULY 6, 2009 ABOVE: THIS PHOTOGRAPH SHOWS THE AREA IMMEDIATELY BENEATH THE WOOD PIER AT ITS SHORELINE LANDING. AGAIN, 1T CLEARLY DISPLAYS THE NEED FOR RE-GROUTING THE FACE OF THE WALL. THE WALL'S INTEGRITY 1S NOT IN QUESTION. IT IS STILL VERTICAL, NOT SHOWING SIGNS OF BULGING OR DISLOCATION BUT SOILS FROM BEHIND THE WALL ARE ERODING THROUGH THE WALL, NECESSITATING THIS REPOINTING PROJECT. FRANK W. & MARGARET BURR PHOTOGRAPHS JULY 6, 2009 ABOVE: THIS PHOTOGICatPH SHOWS THE SOUTH END OF THE WALL WHERE STONES ARE SOMEWHAT LONGER AND MORE REGULAR. GROUT HAS SUBSTANTIALLY DETERIORATED IN THIS AREA AS WELL NECF~SITATING RE-POiNTiNG, CONSISTENTLY ALONG THE FACE OF THE WALL. Docko, I nc, Se~wing the waterfront communi~ since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-89139 Fax: (860) 572-7569, email: docko@snet.net NYS DEC Environmental Permits Building 40, SLrNY Stony Brook, NY 11790o2356 July 22, 2009 Re: Frank W. & Margaret Burr Seawall Repair To Whom It May Concern: On behalf of Frank & Margaret Burr we request a Tidal Wetlands Permit including Water Quality Certifications, as necessary, for seawall repair on Fishers Island, New York. We enclose the following in support of this permit application: Four prints each of plans titled: ':' ,, Project: "Seawall Repair //~ Waterway' WestHarbor Iu L JUL 2 ? '~-~ ][] ] Location: Fishers Island, Town of Southold] ' -' ~' ]L.~ Suffolk County, New York ] ~ ] ..... ~ '~' °- ' ' ........ Burr AppliCant: rrarm w. ac tvturgettct Date: July 6, 2009 7 Four copies of the NYS DEC Joint Application, including the Short Environmental Assessment Form, Tax Assessor's Map, Photographs Location Map, Environmental Questionnaire and Project Narrative. One copy of each application submit:ted to other regulatory agencies Check in the amount of $200 for application fee. I trust that you will find this application package complete and acceptable; please let me know if the need for further irrformation arises. Very truly yours, DOCKO, 1NC. Keith B. Neilson, P.E. KBN:jm Enclosures CC: Frank & Margaret Burr US ACOE NYS DOS Town of Southold: King File: 09-02-2107 BURR ~. ~ New'~York State APPLICATIO United States A~y Co~s of Engineers JOINT FOR PERMIT F~NK W. & MARGARET BURRI (631) 788-7290 P. O. BOX 485 (c~m~ or ~) FISHERS IS~ND NY 06390 ~ T~al~ands ~ ~ner ~ Opem~r D Lessee ~ Municipali~/Gov~men~Agen~ ~ P~bleWa~rSu,,~y KEITH B. NEILSON, P.E., DOCKO, INC. (860) 572-8939 P.O. BOX 421 ~ Aqua6cin~ Con~ MYSTIC CT 06355 (S~ ~ned Lands Under ~ter) SUFFOLK Southold, F.I. 1000-010-7-15 ~er Real Pm~ ~nm.st HEDGE STREET (631) 788-7290 ~ D~, MooHngso~Piafforms Fishem IslandI NY 06390 WEST HARBOR ~ Fr~hwaterWeflandsPe~ New London-CT-RI-NY N~M~ N~-N 4 ~ke ~me ~ Comm~lo. REPAIR AND RE-GROUT 52 (+/-) LF OF EXISTING CONCRETE CAPPED, ~ D~(Cons~or Pla~) MORTARED, STONE S~WALL AS NECESSARY AT AND ~NDWARD OF THE ~ U~ngs(Es~blbh) APPARENT HIGH WATER LINE. P~v~ .~,~ co~.~ y~ ~ IMMED. Unknown 16. ~11~ P~ect E~ulmAddffional ~ ~ If Yes, Town of Southold, US ACOE or ~s a ~, ~us or ~udulent samme~ ~ / -- ' '[ PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 2. PROJECT NAME FRANK W. & MARGARET BURR SEAWALL REPAIR 3.PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK Municipality County 4, PRECISE LOCATION; Street Addess and Road Intersections, Prominent landmarks etc -or orovide mad HEDGE STREET 5, IS PROPOSED ACTION: ~ New ~'~ Expansion ~ Modification / alteration 617.20 APPENDIX C L~ STATE ENVIRONMENTAL QUA REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only To be completed by Applicant or Project Sponsor) SEQR 6. DESCRIBE PROJECT BRIEFLY: REPAIR AND RE-GROUT 52 (+/-) LF OF EXISTING CONCRETE CAPPED, MORTARED, STONE SEAWALL AS NECESSARY AT AND LANDWARD OF THE APPARENT HIGH WATER LINE. 7. AMOUNT OF LAND AFFECTED: Initially 0.5 acres Ultimately 0.5 acres 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ['~ Yes [] No if no, descdbe bdefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r~Residential [~lndustfial [~]Commercial [~Agficultura r--]ParklForestlOpenSpaca [~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) Z]Yes ~]No If yes, list agency name and permit / approval: Town of Southold, Board of Trustees, US ACOE, Coastal Zone Consistency review by the NYS DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? F--~Yes r~"']No if yes, list agency name and permit / approval: 12. AS A RrRrRr~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [~]Yes VLC.I No Applicant Si~natura CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE L~or Name f~_~4~ W. BUER . MARGARET BURB Date: If the action is a Costal Area, an~'y~ou are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. ODES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review prosess and uss the FULL EAF. F--~ Yes r-]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negafive declaration may be superseded by another involved agency. r-]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: I C2. Aesthetic, agricuiturel, archaeological, historic, or other natural or cultural msourcas; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife spedes, significant habitats, or threatened or endangered species? Explain bdefly; I C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of lat~d or other natural resources? Explain bdefly: C5. C6. I Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: I Long term, short term, cumulafive, or other effects not identified in Cl-C57 Explain brie6y: I C7. Other impacts lindudin~l chan~es in use of either c]uantit~ or t~pe of ene~/? Explain bdefl~: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? (If 'les, explein briefly: I-] Yas []No I E. IS THERE, OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadvereee~ectidenti~edab~ve~deten~ninewhetheritissubstantia~arge~imp~rtant~r~thewvisesignificant* Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probebili~ of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude, If necessary, add attachments or reference supporting matedats, 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 determination ofsigni~cance must evaluate the potentialimpact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially la~ge or significant adverse impacts which MAY occur. Then pmcaed directly to the FULI EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting doc~Jmentation, that the proposed actio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necassa~/, the reasons supporting thi determination. Name of Lead Agency Date Tire of Responsible Officer Print or Typo Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different fi'om responsible officer) Docko, Inc. Serving the waterfront communi~, since J987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net July 22, 2009 U.S. Army Corps of Engineers New York District Office Regulatory Branch 26 Federal Plaza, Room 1937 New York, NY 10279-0090 Re: Frank W. & Margaret Burr Seawall Repair To Whom It May Concern: On behalf of Frank and Margaret Burr we request a Department of the Army Permit for seawall repair in West Harbor on Fishers Island, New York. We enclose herewith the following in support of this permit application: o~. Two prints each of plans titled: Project: Waterway: Location: Applicant: Date: "Seawall Repair" Wet Harbor Fishers Island, Town of Soutl Suffolk County, New York Frank W. & Margaret Burr July 6, 2009 Two copies of Corps of Engineers and NYS DEC Application Forms, Location Map, Tax Assessor's Map, photographs and NYS DOS Federal Consistency Assessment Form, Environmental Questionnaire & Project Narrative. One copy of the Town of Southold application, and the NYS DOS Consistency Review Form. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, DOCKO, INC.. Keith B. Neilson, P.E. KBN.'jm Enclosures CC: Frank & Margaret Burr NYS DEC: Environmental Permits Town of Southold: King File: 09-02-2107 BURR ~ources. gathering a.nd maintaining the data needed, and completing a~d reviewing the collection of infurmation.. Send comments regarding this burden estimate of any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of of Information Operations and Reports, 12t5 Jefferson Davis Highway. Suite 1204, Artin~on, VA 22202-4302: and to the Office of Management and Budget. Paperwork Reduction Project (0710-0003), W~shthgton, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, navigable waters of the United States the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: thfonraation provided on this form will be used in evaluating this application for a permit. Disclosure: Disclosure of requested information is is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be a~ached to this application (see sample drawings and instructions) and ~ submitted to the District Engineer having jurisdiction of the proposed activity. An application that is not completed in full will be rammed. I. APPLICATION' NO. 5. APPLICANT'S NAME FRANK W. & MARGARET BURR 6. APPLICANT'S ADDRESS P. O. BOX 485 FISHERS ISLAND, NY 06390 7. APPLICANTS PHONE NO'S W/AREA CODE a. Residence (631 ) 788-7290 (ITEblS 1 THRU 4 TO BE FILLED BY THE CORPS) 2. FIELD OFFICE CODE 3. DATE RECEIVED 4.DATE APP. COMPLETED ITEMS BELOW TO BE FILLED BY APPLICANT 8. AUTHORIZED AGENTS NAME & TITLE DOCKO, INC. KEITH B. NEILSON, P.E. 9, AGENTS ADDRESS P. O. BOX 421 MYSTIC, CT 06355 10. AGENTS PHONE NO'S W/AREA CODE ~. Residence b. Business b. Buain~ss (860) 572-8939 I I. STATEIVPENT OF AUTHORIZATION [ hereby authorize, DOCKO, INC. to act in my behalf as my agem in the processing of this app[ination and to fumisl~, upon request, supplemental information in support of this permit application. FRANK W. BURR MARGARET BURRJ NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (See instructions) SEAWALL REPAIR 13. NAME OF WATERBODY, IF KNOW (if applicable) WEST HARBOR 15. LOCATION OF PROJECT SUFFOLK NY COUNTY STATE 16. OTI[ER LOCATION DESCRIPTIONS, IF KNOWN. {See instruationsl HEDGE STREET, FISHERS ISLAND 14. PROJECT STREET ADDRESS (if applicable) HEDGE STREET FISHERS ISLAND, NEW YORK 06390 LAT. 41° 15' 47" N, LONG. 72e Off 36" W 17. DIRECTIONS TO THE SITE FROM THE FISHERS iSLAND FERRY TERMINAL, PROCEED EAST TO ORIENTAL AVENUE, THEN SOUTH ON MONTAUK FOR THE VlLLAGE CENTER, THEN LEFT ON HEDGE STREET TO FOURTH HOUSE FROM END ON THE RIGHT. ENG FORM 4345, Feb. EDiTiON OF SEP 91 IS OBSOLETE. {Propenent:CECW-O~ ,l& Nature of Acfivity (Description of project, i~ciude ail features) REPAIR AND RE-GROUT 52 (+/-) LF OF EXISTINGCONCRETE CAPPED MORTARED STONE SEAWALL AS AS NECESSARY AT AND LANDWARD OF THE APPARENT HIGH WATER LINE. 19. Project Purpose (Describe the reason or propose of the project, see insUuctionsl THIS IS A SEAWALL FOR PROECTION OF PRIVATE PROPERTY AND AN EXISTING HOUSE. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason (s) for Discharge N/A 21. Type (s) of Material Being Discharged and the Amount of Each Type in Cubic yards N/A 22. Surface A~ca in Acres of Wedands or Other Waters Filled (see instructions) N/A 23. is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Prapcrty Adjoins the Waterbody (if more than can be entered here, plc~e attach a supplemental Mist). NORTH: BARBARA HOCH, P. O. BOX 307, FISHERS ISLAND, NY 06390 SOUTH: HEDGE STREET LIMITED, LLC, C/O SARAH MALINOWSKI, P. O. BOX 402, FISHRS ISLAND, NY 06390 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Applic~ion AGENCY TYPE APPROVAL* IDENT. NUMBER DATE APPLIED DATE APPROVED NYS DEC DOCK/WETLANDS PENDING July 2009 PENDING Town of Southold Wetlands / Shoreline PENDING July 2009 PENDING NYS DOS Coastal Zone PENDING July 2009 PENDING DATE DENIED *Would include but is not res~icted to zoning, building and flood plain p~rmits. 26. Application is hereby made for a permit or permits to authorize thc ~nork described in this application. I certify that thc information in this application is /j.~latc and accurate. I fur/ho' ccFify that I possess the authority to undertake thc work described herein or am acting as..t/le duly authorized agent of thc applicant. ' SIGNATUR~ OF APPLICANT ' (x] ~ DATE SIGNATURE OF AGENT FRANK W. BURR MARGARET'BURR KE1TH B. NEILSON, DOCKO, INC. The application must be signed by the person who desires to undertake the proposed activit~ (applicant) or it may be signed by a duly authorized agent if the statement in block I i has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner vOthin thc jurisdiction of any department or agency of the United States knowingly and mllf~lly falsifies, conceals, or covers up any trick, scheme, or discuises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry., shall be fined not more than $10,000 or imprisoned not more than five years or both. *U.S.GPO: 1994-520-478/82018 Docko, I nc, Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-B.939 Fax: (86~:~J,5~{~0~nail: docko@snet.net NYS DOS Department of Coastal Resources 41 State Street, 8th Floor Albany, NY 12231 Re: Frank W. & Margaret Burr, Fishers Island Seawall Repair To Whom It May Concern: On behalf of Frank & Margaret Burr, we submit the attached Federal Consistency Assessment Form for seawall repair in West Harbor on Fishers Island, New York. We enclose herewith the following in support of this permit application: ff ~ · .*. Two prints each of plans titled: //~ ~"-~..~0~/~'~ Ill ~oS?k® Applicant: Frank W. & Margaret Burr ~ Date: July 6, 2009 Two copies of Corps of Engineers, NYS DEC and Town of Southold Application forms, Location Map, Tax Assessor's Map, NYS DOS Coastal Management Federal Consistency Assessment Forms, Environmental Questionnaire and Project Narrative. I trust that you will find this application package complete and acceptable: please let me know if the need for further information arises. Very truly yours, DOCKO, INC. x Keith B. Neilson, P.E. KBN:jm Enclosures CC: Frank & Margaret Burr NYS DEC: Regulatory Affairs ACOE Town of Southold: King File: 09-02-2107 BURR COASTAL MANAGEMENT PROGRAM Federal Consistency Assessment An applicant, seeldng a permit, license, waiver, cu~[il'icatton or similar type of approval fTom a federal agency which is subject to the New York State Coastal Management Program (CMP, shall complete this assessment form for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57(. It should be comp01eted at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's ceTfification of consistency. A. APPLICANT 1. Name: FRANKW. & MARGARET BURR 2. Address: P.O. BOX 485, FISHERS ISLAND, NY 06390 3. Telephone: Area Code { 631) 788-7290 B. PROPOSED ACTIVITY 1. Brief description of activity: RE-GROUT AND RE-CHINK 52 (+/-) LF OF EXISTING CONCRETE CAPPED, MORTARED STONE SEAWALL AS NECESSARY AT AND LANDWARD OF THE APPARENT HIGH WATER LINE. 2. Purpose of activity: THE LONG-STANDING SEAWALL RETAINS EXISTING PRIVATE PROPERTY AND PROTECTS AN EXISTING HOUSE. 3. Location of activity: SUFFOLK County FISHERS ISLAND, TOWN OF SOUTHOLD City, Town or Village HEDGE STREET Street or Site Description 4. Type of federal permit / license required: U.S. ACOE, NYS DEC,TOWN OF SOUTHOLD 5. Federal application number, if known: NOT KNOWN 6. If a state permit / license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of the following questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. 1. Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) .................... b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12, 20, 28, 35, 44) ........................................ c. Revitalization / redevelopment of a deteriorated or underutilized waterfront site? (1) ....... d. Reduction of existing or potential public access to or along coastal waters? (19, 20) ...... e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10)... f. Siting of a facility essential to the exploration, development and production of energy resoumes in coastal waters or on the Outer Continental Shelf? (29) .................. g. Siting of a facility essential to the generation or transmission of energy? (27) ........... h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in coastal waters? (15, 35) ................................................... i. Discharge of toxics, hazardous substances or other pollutants into coastal waters?(8,15,35) j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) ............. k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39). I. Adverse effect upon land or water uses within the State's small harbors? (4) ........... 2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (44) ................................. b. Federally designated flood and / or state designated erosion hazard area? (11, 12, 17) .... c. State designated significant fish and / or wildlife habitat? (7) ......................... d. State designated significant scenic resource or area? (26) ........................... e. State designated important agricultural lands? (26) ................................ f. Beach, dune or barrier island? (12) ............................................. g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ................ h. State, country, or local park? (19, 20) ........................................... __ i. Historic resource listed on the National or State Register of Historic Places? (23) .......... __ YES N~O X X X X X X X × X X X X X X X X X X X X X 3. Will the proposed activity require any of the following: a. Waterfront site? (2, 21, 22) ................................................. b. Provision of new public services or infrastructure in undeveloped or sparsely populated sections of the coastal area? (5) ............................................. c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) ....... d. State water quality permit or certification? (30, 38, 40) ............................ e. State air quality permit or certification? (41, 43) ................................. Wdl the proposed activity occur within and I or affect an area covered by a State approved Local waterfront revitalization program? (see policies in local program document) ......... X X X X 2 ADDITIONAL STEPS If all of the questions in Section C are answer:ed "NO", then the applicant or agency shall complete Section E and Submit the documentation required by Section F. If any of the questions in Section are answered "YES", then the applicant or agent is advised to consult the CMP, or where apprepdate, the local waterfront revitalization program document. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. In tile space provided below or on a separate page (s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and (c) state how the activity is consistent with each policy. Following the completion of this written assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F. E. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate, if this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. "The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program." Applicant/Agent's Name: Keith B. Neilson, P.E., Docko, Inc., Aqent Address: P.O. BOX 421 Mystic, CT 06355 Telephone: Area Code (860) 572q~939, Applicant/Agent's Signature: Date: F. SUBMISSION REQUIREMENTS The applicant or agent shall submit the following documents to the New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, 162 Washington Avenue, Albany, NY 12231. a. Original signed form. b. Copy of the completed federal agency application. Other available information which would support the certification of consistency. The applicant or agent shall also submit a copy of this completed form along with his / her application to the federal agency. If there are any questions regarding the submission of this form, contact the Department of State at (518) 474-6000. SEE ATTACHED NARRATIVE *These state and local documents are available for inspection at the offices of many federal agencies, Department of Environmental Conservation and Department of State regional offices, and the appropriate regional and county planning agencies. Local program documents are also available for inspection at the offices of the appropriate local government. FCAF Revised 12/6193 Clocko Inc, Se i,g the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net October 1, 2009 Ms Elizabeth Cantrell Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Frank & Margaret Burr, Fishers Island Revised Drawings Dear Ms Cantrelh We are pleased to transmit herewith two sets of revised permit application drawings for Frank & Margaret Burr of Fishers Island showing the 5-foot, non-tuff buffer requested by the Board of Trustees as a condition of approval. I trust that this revision will allow the Board to issue the requested permit. Please let us know if any additional information is required. Your assistance is greatly appreciated. KBN:jm Enclosures CC: Mr. & Mrs. Frank Burr NYS DEC: MacKinnon NYS DOS: Zappieri US ACOE: Squires File: 09-02-2107 BURR Yours truly, Keith B. Neilson, P.E. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Date: August 13, 2009 Re: Proposed Wetland Permit for FRANK & MARGARET BURR SCTM# 10-7-15 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 Exempt from LWRP review pursuant to § 268-3. Definitions. Minor Actions, item A which states: A. Maintenance or repair involving no substantial changes in an existing structure or facility; Cc: Lori Hulse, Assistant Town Attorney BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Onl~ ~// Received Application:__ ,..,~ _--_~.h~ ~ J~lO~ ~ Received Fee: /Completed ApplicatiOn ~[~[0~ Incomplete SEQ~ Classification: Type I X Type II Unlisted Coordination: (date sent) ~ /CAC Referral Sent: ~A~ ~ate of Inspection: ~ Receipt of CAC Report] Lead Agency Determination: Technical Review: /Public Hearing Held: Resolution: Name of Applicant FRANK W. & ~RGARET BURR Address P. O. BOX 485. FISHERS ISLAND, NY 06390 Phone Number: Suffolk County Tax Map Number: 1000 - Property Location: HEDGE STREET (631) 788-7290 010-7-15 (provide LILCO Pole %, distance to cross streets, and location) AGENT: DOCKO, INC. (If applicable) Address: P. O. BOX 421, MYSTIC, CT 06355 Phone: (860) 572-8939 Fax: (860) 572-7569 ONARRATIVE STATEMENT & SUPPLEMENTAL INFORNLasTION PEI~MIT APPLICATION BY FRANK W. & MARGARET BURR WEST HARBOR, FISHERS ISLAND, NY JULY I0, 2009 GENERAL The Burr's own a small lot on Hedge Road located at the far south end of West Harbor on Fishers Island. The exposure is to the north and the site is subject to occasional waves and flooding conditions depending on weather conditions and wind direction. The Burr's property is a relatively small lot with a vertical grouted stone seawall at the shoreline. This structure has been long-standing and has been reviewed during previous permit applications for dock construction and reconstruction. At this time, the seawall is suffering fi:om deterioration invol,~Sng the loss of mortar and in isolated areas, stone. Repairs need to be implemented immediately in order to preserve the structural integrity of the wall. The attached narrative substantiates the scope of work and provides responses to various concerns outlined in Local Law No. 6 2004, relating to new Chapter 97 "Wetlands and Shoreline" of the Code of the Town of Southold. SEAWALL REPAIR This project involves the localized repair and rehabilitation of the seawall as demonstrated in the photographs permit application drawings attached. This represents in 'kind, in place replacement of a ftmctional bulkhead or seawall in accordance with Sub-section B (la). It is strongly suggested that the same materials be utilized for this repair since alteration of materials would require an alteration of the structure itself, and perhaps major reconstruction. This new material will not result in the structure being moved seaward of adjacent neighboring structures, or even a significant change in the face of the slructure. Stone currently lines the bottom of the existing seawall and will be retained in that position. There is a drop of about five feet fi:om the Burr's yard to the highest point of the bottom sediments along the shore at the toe of the seawall. If the seawall were to fail or not be repaired, excessive .erosion could result. The localized repairs and extent of work does not appear to require machine excavation. It is anticipated that work will be done by hand although materials will be delivered to the site by truck or barge. The fixed wood pile and timber pier was maintained most recently, approximately fifteen years ago with a Town Permit. A copy of the previous Town of Southhold permit is attached as substantiation for this project. REQUq_REMENTS OF SECTION 97-25 OF THE WETLANDS LAW The permittee ac'knowledges that the validity of this pemait is or may be subject to the approval of other governmental or municipal authorities. The permiuee The acceptance of this permit, asie ail responsibili~' for operations undertaken pursuant to tkis permit, and shall take all preca't~l'ons for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permiuee also a~ees to indenm/fy and save harmless the Town and its officers. The permittee ~ves consent to the Town, the NYS DEC, the NYS DOS and the US ACOE and their officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Town of Southold, Board of Trustees as well as State and Federal agencies in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the Site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residentiai and Commerciai Docks, the following additional information is offered. Permits for the work through the Town, US ACOE, NYS DEC and NYS DOS are being applied for. There is no pier repair required for this seawail rehabilitation to proceed although partial disassembly of the wall, and thus the pier, may be required in order to properly prosecute the work. The structured timber materials are specifically grown for this purpose and represent the standard of the indusu3,. With the connections described above, this structure will continue to be able to survive repeated inundations and even incident waves at higher tide elevations Tiffs pier is a fixed, pile-supported timber structure and therefore does not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in West Harbor. In addition, it does not present any adverse modification of the shoreline. The pier's elevation is such that in extreme high tides the structure will be flooded.. There is no plan to replace decking on the existing pier at this time. The existing decking is 10 years old or thereabouts. Any leaching of the pressure-treatment chemicals has already occurred. It is our belief that the replacement of piles would only involve the inner bent and then only if required for access to the wall. The work would constitute pulling existing piles and driving new piles in the same holes to the maximum extent possible in order to retain the existing pier alignment and support intervals. In the event that split clamps or cross-bracing timbers are damaged during the process, they will be replaced as a part of this project. Otherwise, existing materials will be re-utilized. There is no plan to replace decking on the pier. It is respectfully requested that the use of CCA pressure-treated piles and timbers be approved for this project if required as discussed above. The pier is currently decked with CCA pressure-treated Southern Pine which was installed approximately ten years ago. This pier / walkway provides a safe pedestrian surface for access to the berthed boat. The existing pier is a long-standing structure and is a ' centered on Re Burr property. The 15~foot clearance specified in this paragraph should not be an issue because this project does not involve any' real alternation or realignment of the pier, merely removal and replacement of components as necessary to allow' the wall to be properly and fully repaired.. Upon receipt of the permit for this project, appropriate permit numbers will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the pier dec'king nor are any planned at this time. It is not possible to provide a five-foot passage way on the upland to get around this pier without substantially altering the seawall. There is a stair east of the pier but not to the west. There is however, room to walk under the pier at low tide. It should be noted that the south shore of West Harbor at the entrance to Pirate's Cove represents a substantial drop-off of terrain and there is very little passable foreshore in the intertidal zone. The foot traffic in this area is rare, if at all. This pier is a pre-existing structure and does have permits for pile replacement approximately 15 years ago. SIJMMARY This project represents the maintenance of a long-standing, shore protection waterfront structure for the property of Frank and Grace Burr on Fishers Island. The seawall has existed for decades and appears to pre-exist local zoning and permitting, State permitting and was in all likelihood existing at the time of the US Army Corps of Engineers "grandfather" decision effectuated on December 16, 1968. In order to repair and maintain the seawall, the inner part of the pier may have to be disassembled. This seawall repair project, including the partial pier dismantling / reconstruction process, appears to meet all the criteria for US Army Corps of Engineers Nationwide General Permit No. 14; coordination of this application with the New York Re~onal Office is being accomplished as a part oftlfis submission. This project complies with all applicable standards of Local Law No. 6, 2004 and its approval is respectfully requested. Keith B. Neilson, P.E. 3 Ooard of Trustees Applica~ Land Area (in square feet} Area GENERAL DATA :The site is approximately h acre. Zoning: Previous use of property: RESIDENTIAL Intended use of property: RESIDENTIAL Covenants and Restrictions: If "Yes", please provide copy. Yes X No Prior permits / approvals for site improvements: Agency Date Sou~oldBo~dofTms~es 1/17/92. PermitNo. 3976 __X__ No prior permits / approvals for site improvements. Has any permit / approval ever been revoked or suspended governmental agency? X No Yes If yes, provide explanation: by a Project Description (use attachments if necessary) : Repair and re-grout 52 (+/-)LF of existing mortared stone seawall, as necessary, at and apparent high water line. concrete landward capped, of the Ooard of Trustees A~lica~ WETIJ%ND / TRUSTEE I2%NDS ~_PPLICATION DATA Purpose of the proposed operations: ._,THIS IS AN EXISTING SEAWALL PROTECTING PRIVATE PROPERTY AND AN EXISTING HOUSE. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing edge of wetlands: No Tidal Wetlands feet Closest distance between nearest proposed edge of wetlands: No Tidal Wetlands feet Does the project involve excavation or filling: No X Yes If yes, how much material will be excavated? How much material will be filled? 4 (+/-} structure structure and upland and upland cubic yards cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: REMAINS UNCHANGED Manner in which material will be removed or deposited: New mortar will be set in joints between adjacent stone pieces as necessary to preserve wall stability and structural integrity. 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): NO ADVERSE IMPACT IS ANTICIPATED ON THE WETLANDS BECAUSE ALL OF THE PROPOSED MAINTENANCE AND REPAIR WORK IS A PART OF THE EXISTING SEAWALL. Ooard of Trustees Applica~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Maintain an existinq, long- standing soil retention and protection structure. Are wetlands present within 75 feet of the proposed activity? X No Yes Does the project involve excavation or filling? No X Yes If Yes, now much material will be excavated? 0 How much material will be filled? 4 Manner in which material will based mortar will be troweled (cubic yards) (cubic yards) be removed or deposited: Cement into the gaps between adjacent stones in the seawall. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) It is not envisioned that there will be any adverse impact associated with the proposed repairs and maintenance work. The work will be done by hand by laborers standing on the stone which lies at the toe of the wall in the intertidal zone. There is no tidal wetlands fringe marsh at this site and to tidal wetlands vegetation is expected. The cement based mortar is inert with respect to chemical This will not stone pieces structural integrity of the seawall before any contaminants and will merely seal existing voids. make the wall waterproof but merely stabilize the and preserve the failure occurs. so no damage NOTICE TO ADJ]%U~m'T PROPE%~TY OWNEt BOArD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: FRANK W. & MARGARET BURR SCTM#1000-010- YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Repair and re-grout 52 (+/-) LF of existing concrete capped mortared stone seawall as necessary at and landward of the apparent high water line. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Western shore of West Harbor 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on Wednesday, August 19, 2009. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency thaE might have to review same proposal. OWNERS NAME: FRANK W. & MARGARET BURR MAILING ADDRESS: P.O.BOX 485 FISHERS ISLAND, NY 06390 PHONE 631) 788-7290 Eric.: Copy of sketch or plan showing proposal for your convenience. OOOF OF MAILING OF NOTICE O ATTACH CERTIFIED MAIL RECEIPTS- Name: Dr. Barbara Hoch Address: P.O Box 307, Fishers Island, NY 06390 Hedge Street Ltd.,LLC c/o Sarah Malinowski P. O. Box 402 Fishers Island, NY 06390 W.L.Lyons-Brown, III Suzanna S. Brown 2565 Altamar Drive Laguna Beach, CA 92651 C & F Doyen Rep. Living Trust Attn: Josephine Taylor P. O. Box 141 Drums, PA 18222 Harris & Elizabeth Parsons 56 Cottage Street W. Wellesley, MA 02482 Chauncy & Allison Goss STATE OF CONNECTICUT COUNTY OF NEW LONDON 330 N. AvaMaria Street Arlington, VA 22207 DOCKO, INC. , residing at 14 HOLMES STREET, MYSTI~ ~T , being duly sworn, deposes and says that on the ~ day of ~U~- , 2009, deponent mailed a true copy of the NotiCe set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite 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 MYSTIC, CT , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Day of /~&f~f[3~-- , 20~ Notary ~u61i~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY I 1971 Telephone (63 I) 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 FRANK & MARGARET BURR COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~el'¢tX /¥[~,150,r'~ , residing at /dba Doc. I~o_, It/c/ lq ~'10[poc,.q being duly sw~m, depose and say: That on the 200~ I persona~y posted the prop~y known as by placing the Board of Trustees official poster where it c~ easily be seen, and that I have checked to be sure the poster has remained in place for ei~t days prior to the date of~e public heating. Date of hearing noted thereon to be held Wed., August 19, 2009 on or about 6:00 PM. Dated: ~-//-~ ~~~ (s~a~e) Sworn to before me this //7'~ day of,AJ.~200 V ..ta~y Public FNK & MARGARET BURR FIDAVIT OF POSTING AUGUST 7, 2009 OkNK & MARGABET BURR AFFIDAVIT OF POSTING AUGUST 7, 2009 C~AL USB Postage Cedified Fee Return Receipt Fee (Endomement Required) Restricted Deliver/Fee r'l (Endorsement Required) r1"l Total Postage & Fees ru C~AL USE OFFiCiAL USE I $ OFF ClAL USE ~ (EndCtelment Required) USE ...9,..gO $ ,5, [..?tZ.,t:~zs.__.,_.E..~z...,t.~.az~....Dx~_,~....J Street, Apt. NO,; [ ................... ~.Co.m~.~.._~ ........................ l or PO BOX NO. Ci~ State, ZIP+4 , ~ of Trustees Apt County of Suffolk State of New York FRANK W. & MARGARET BURR BEING DULY SWORN 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 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 REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature nature SWORN TO BEFORE ME THIS DAY OF 4~t~ , 200__~ MARY B PANKIEWICZ No. taW Public State of New York o~ t"~, -8267950 Comm~sion Expires ~//~l~.o~ 7 of Trustees Ap~ (where the applicant FRANK W. & MARGARET BURR (print owner of property) FISHERS ISLAND, NY do MYSTIC, CT to apply for permit{s) Southold Board of Town Trustees on my behalf. (Owner's signature) AUTHORIZATION is not the owner) residing at HEDGE STREET (mailing address) hereby authorize DOCKO, INC., (Agent) from the /~Owner's signature> PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 617.20 APPENDIX C~i~. STATE ENVIRONMENTAL Q~'Y REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be complet~d by Applicant or Project, Sponsor) SEQR 1. APPLICANT ! SPONSOR FRANK W. & MARGARET BURR 3.PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOU'i'HOLD Municipality 2. PROJECT NAME SEAWALL REPAIP SUFFOLK County 4, PRECISE LOCATION: Street Addees and Road Intersections, Prominent landmarks otc -or arovide map HEDGE STREET IS PROPOSED ACTION: [] New ~E:<~ansion r~"~Modif~ation/alteratlon 6. DESCRIBE PROJECT BRIEFLY; REPAIR AND RE-GROUT 52 (+/-) LF OF EXISTING CONCRt' f~- CAPPED, MORTARED, STONE SEAWALL AS NECESSARY AT AND LANDWARD OF THE APPARENT HIGH WATER LINE. 7. AMOUNT OF LAND AFFECTED: Initially 0.5 acres Ultimately 0.5 acres · 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? (Choose aa many as apply.) 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State or Local) [~]Yes r']No If yes, list agency name and permit / approval: Town of Southold, Board of Trustees, US ACOE, Coastal Zone Consistency review by the NYE DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes ~]No if yes, iisi agency name and permit / approval: 1[~S A Rr.~ULT OF PROPOSED ACTION WiLL EXJSTING PERMIT/ APPROVAL REQUIRE MODIFiCATiON? es V{~_J No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / ~,~"~nr Name FP~A_I~.I~ W. B LJ [~ ~ ._ IVIARGARET B. URL Date: If the action is a Costal Area, and~ou are a state agency, comptete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by LeAd A~enc¥) I A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. ~"-] Yes F'"] No 0. WILL ACTION RECENE COORDINATED REVIEWASPROVIDEDFORUNLISTEDACTIONSi~SNYCRR, PART617.67 ifNo, anegative dedara~on may be supemeded by another invptved agency, [~] Yes ~'INo C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOVVING: (Answers may be handwrtitsn, if legible) C1. Existing air quality, surface or groundwater quality or quan~y, noise levels, e~JsUng traffic psttsm, sotid waste production or disposal, patenfial for erosion, drainage or flooding problems? Explain bdeffy: CZ Aesthetic, agricultural, an:~aeaiogicai, historic, or other natural or cuJ~raJ resou~ses; or commcmity or neighborhood character? Explain briefly: Vegetation or fauna, fish, shellfish or wikttife species, agaificant hab~ats, or thmstened or endangered species? Explain brefty: A c~mmunity's ex[sting plans or goals as officially adopted, or a cflange in use or intensity of use of land or ot~er na[~ral resources? Explain briefly: C5. Growth, subsequent development, or related acavitfas likely to be induced by the proposed action? Explain briefly;. I C6. Lo~ ten~, short ten'n, cumulative, or other effects not idenl~aed in Cl-C57 Explain bdefiy: C7. Otherimpacls linctudi~?an~es in use of either (~uar~fi[7 or b~pe of_e?er~? Explain bdef~: _ C. WiLL THE PROJECT HAVE ~ IMPACT ON THE ENVIRONMENTAL CHARACTERISTIC, S THAT CAUSED TI-Il= ESTABtJSHMENT OF A CRITIC,~L ENVIRONMENTAL AREA (CEA)*~ r-Il--INa E. IS THERE, OR I$ THERE L!KEL"~ TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV1RONMEN_TP~. IMPACTS? If yes explein~ ' [-I Yea i--I No I PART 111 - D= i =RMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othe~vise significant. EaCh effect shouid be assessed in connection with its (a) seffing (i.e. urban or rural); (b) pmbebility of occurring; (c) duration; (d) irrevereib~ity; (e) geographic sc~pe; and (t~ magnitude. If necessary, add attachments or ten,fence supporting materials. Ensure that explanations contain sufficient detail, to show that ali relevant adverse impacts have been identffied and adequately addressed. If question d of part ii was checked yes, the daten~inatJon of signi~cance must evaluate the potentialimpact of the proposed action on the environmental characteristics of the CEA. Check this box if you have ~lenti~ed one or mom potentially lan3e ar significant adverse impacts which I~d~Y occur, Then proceed directly to the FULL EAF and/or proparo a p~sitive declaration. Check this box if you have deten, nined, based on the information and analysis above and any supporfing documentation, that the proposed ac~o WILL NOT result in any signi~cant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting thi.~ datemlinstJon. Name of Lead Agency Date Print or Type Name of Responsible Officer in I. ea~ Agency T~le of Responsible C~cer Signature of Responsible O-~cer in Lead Agency Signature of preparer (if different from responsible officer) 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a ~eviewe[ ie the artalysis that takes place in PaRs 2 and 3 Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as poten~ally.large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of FAF completed for ~is project: jvj Part1 I I Part 2 I JPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: E~A. The project wilt not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared,* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepored. *A Conditioned Negative Declaration is only valid for Unlisted Actions FRANK W. & MARGARET BURR - SEAWALL REPAIR Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Signature of Responsible Officer in Lead Agency website Date Page 1 of 21 PART 1--PROJECT INFORMATI~ Prepared by P~oject Sponsor NOTICE: This document is designed to assist in determining whether the action propoeed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these q~estions will be considered as par[ of the application for approval and may be subject to further verification and public review. P~D,/ide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies research or investigation. If information requiring such additional work is unavailable, so indicate and specif~ each instance. Name of Action SEAWALL ~PA,][~ Location of Action (include Street Address, Municipality and County) H~DGE S'I-P,.EET, FIS~RS ISLAND, TOWN' OF SOUTHOLD, SLTFFOLK COU'CTY, ]'W Name of Applicant/Sponsor FP, J~K W. & M-A-RG AJ~T BUY--E Address P. O. BOX 485 City/PO FIS~]~RS, ISLAND State ~ Zip Code 06390 Business Telephone (631) 788-7290 Name of Owner (if different) Address City / PO Business Telephone State __ Zip Code Description of Action: REPAIR AND RE-GROUT 52 (~-/-) OF EXISTING CONCRETE CAPPED, MORTARED STONE SEAWALL AS NECESSARY AT AND LANDWARD OF THE APPARENT HIGH WATER LINE. Page 2 of 21 Please Complete Each Que~n..Indicate N.A. if not applicable A. SITE DESCRIPTION Physical Setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban [] Indus~al [] Commercial F'~ P,~Jdential (suburban) ~] Rural (non-farm) Total acreage of project area: 0.5 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate t~pa) PRESENTLY AFTER COMPLETION 0. ! acres 0. ! acres 0.1 acres 0. l acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0.3 acres 0.3 acres acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: r~well drained 100 % of site [] Moderately well drained % of site. r-lPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~-] Yes [] No a. What is depth to bedrock (in feet) 5, Approximate percentage of proposed project site with slopes: E~0.10% % ~]10-15% % [~15% or greater !00 % 6. Is project substantially_contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [] Yes r~ No Is project substantially contiguous to a sim listed on the Register of National Natural Landmarks? ~ Yes r~No What is the depth of the water table? 0 (in feet) is site located over a primary, principal, or sole source aquifer? ---]Yes ~ No F~'] Yes C~No 10. Do hunting, fishing or shell fishing opportunities presentjy exist in the project area? Page 3 of 21 11. Does project site contain any Acoordin9 to: of plant or animal life that is identified as thlned or endangered? r'-]Yes r~ No This is a developed residential lot ia a residential area. Identif), each species: I 12. Are there an3' unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? E~Yes r~No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? E~Yes ~]No If ~/es, explain: 14. Does the present site include scenic views known to be important to the community? [~Yes [~No T'ae house dominates the site; there is no vista. 1 5. Streams within or contiguous to project area: INone - West Harbor, Fishers Island Sound Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: None b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? . r~j Yes [] No a. If YES, does sufficient capacity exist to allow connection? [] Yes b. If YES, will improvements be necessa~ to allow connection? -']No [~lYes r~lNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and ivlarkets Law, Article 25-AA, Section 303 and 304? E']Yes r~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Ardcle 8 of the ECL, and 6 NYCRE 6177 [] Yes [] No 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: b. Project acreage to be developed: 0.5 acres initially; c. Project acreage to remain undeveloped: 0 acres, d, Length of project, in miles: 52 kff. (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. __ f, Number of off-street parking spaces existing g. Maximum vehicular trips generated per hour: h. If residential: Number and type of housing units: One Family Two Family Initially ! Ultimately i. Bimensions (in feet) of largest proposed structure: height; j. Linear feet or frontage along a public thoroughCare project will occupy is? 2. How much natural material (Le. rock, esr[h, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed ~]Yes F-lNo []N/A a. If yes. for what intended purpose is the site being reclaimed? r-~ Yes [] No 0.$ acres. 0.5 acres ultimately. 0% proposed 2 (upon completion of project)? Multiple Family width; 55 +/- ~. 0 tons/cubic yards, Condominium length. b. will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 6. If single phase project: Anticipated pedod of construction: __ 7. If multi-phased: Will any mature forest (over l OOmJ~ars old) or other locally-important vegetation )~m~m~emoved by this project? t-) []No I months, (incluoing demolition) Total number of phases anticipated __ (number) Anticipated date of commencement phase 1: __ month ~ Approximate completion date of final phase: ~ month year. Is phase 1 functionally dependent on subsequent phases? [] Yes [] No d. Will blasting occur during construction? ~ Yes I~ No Number of jobs generated: dudng construction __ year, (including demolition) 2; after project is complete 0 9. 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? [] Yes If yes. explain: ~-~No 12. Is surface liquid waste disposal involved? t I Yes I"lNo a. If >'es, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 1 3. Is subsurface liquid waste disposal involved? [] Yes [] No Type 1 4, Will surface area of an existing water body increase or decrease by proposal? r~ Yes [] No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ~-1 Yes 16. Will the project generate solid waste? [] Yes ~ NO --iNo a. If yes, what is the amount per month? ~ tons b. If yes, will an existing solid waste facility be used? ['--] Yes [] No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitar~ landfill? I--lYes r~No Page 6 of 21 e, If yes, explain: 17. Wilt the project involve the disposal of solid waste? r'-JYes J~JNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what s the anticipated site life? __ years. 18. Will project use herbicides or pesticides? ~Yes ~No 19. Will project routinely produce odors (more than one hour per day)? r--i Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? J~JYes []No 21. Will project result in an increase in energy use? [] Yes r~ No If yes. indicate ~jpe(s) 22. If water supply is from wells, indicate pumping capacity __ gallons/minute. 23. Total anticipated water usage per day__ gallons/day. 24, Does project involve Local, State or Federal funding? r--J Yes [] No If yes, exptain: Page 7 of 21 25. Approvals Required: City, Town, Village Board r~Yes r-] No Type Wetlands Permit Town of Southold Wetlands Permit NYS DEC Nationwide Permit No. 3 US ACOE Submittal Daze July 29, 09 City, Town. Village Planning Board [--']Yes I~ No City, Town Zoning Board [--~ Yes [] No City, County Health Department F--lYes [] No Other Local Agencies ~]Yes [] No Other Regional Agencies r']Yes [] No State Agencies r~ Yes [~ No July 29, 09 July 29, 09 Federal Agencies r~ Yes [] No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? r-~Yes if Yes. indicate decision required: ~ Zoning amendment [~] Site plan ~'INo ['-] Zorr~g variance ~'l Special use permit [~] New/revision of master plan [~] Resource management plan [~ Subdivision r'~ Ot. her Page 8 of 21 2. What is the zoning classification~of the site? JResidential What is the maximum potential development of the site if' developed as permitted by the present zoning? Residential dwelling and access by uses 4. What is the proposed zoning of the site? No change proposed What is the maximum potential development of the site if developed as permitted by the proposed zoning? Single family, residential 6. is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes r-'] No What are the predominant land use(s) and zoning classifications within a ¥~ mile radius of proposed action? Residential, except for the Pequot Inn 1/4 mile west, Texaco gas station, 1/4 mile west, BD Construction, I/4 mile east, Pirates Cove Marine 1/4 mile east. 8. Is the proposed action compatible with a~joining/surroundfng land uses with a Y4 mile? 9, If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? [] NO Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? NYes ~'] No If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. []Yes ]Yes [] No D. I~m~tio~l Derails Attach any additional information as may be needed to clari~ your project, if there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verif'~ation I certify that the information provided above is true to the best of my knowledge. ApplicantJSponsor Na me FP-~aJ~IK W. & MARGARET BURR Signature ~'~/'~ Title Date/ oo? ff the actkm is in the Coastal Area, and you are a state agency, complete Um Coastal Assessment Form before proceeding with this Page 10 of 21 To, wn of Southold LWl~ONSISTENCY ASSESSMENT A. INSTRUCTIONS All applicants for permits* including Tox~ of Southold ~encies, shall complete this CCAF for proposed actions that are subject to the Tovm of Southold Waterfront Consistency Review La',',-. This assessment is intended to supplement other information used by a Tox~ of Southold agency in making a determination of consistency. *£xcept for 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 w/Il be evaluated as to its sio, nificant 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 detaik listing both supporting and non-suDDortim~ facts, if an action cannot be certified as consistent with the LWRP policy standards and conditions, i_t shall not be undertaken. A copy of the LWRP is available in the following places: online at the Tow~ of Southold's website (southoldtown.nortlffork.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# 1000 -010-7-15 PROJECT NAME: SEAWALL REPAIR, Frank W. & Margaret Burr The Application has been submitted to (check appropriate response): Town Board Planning Board __ Building Dept. Board of Trustees X 1. Category- of Town of Southold agency action (check appropriate response): a) Action undertaken directly to 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: X Nature and extent of action: Repair and re-grout and 52 (+/-) LF of existing concrete, capped, mortared stone seawall, as necessary, at and landward of the apparent high water line. Location of acti Site acreage: Present Land use: Driveway ofoffHedee Si '~';n West Harbor. Parcel = 0.5 Acre Residential Present ZonL'xg Classification: Residential If an application for the proposed action has been filed wilb the Towm of Southold agency, the following information shall be provided: a) Name of applicant: Frank W. & Marearet Burr b) Mailing Address: P. O. Box 485. Fishers Island. New York 06390 C) Telephone number: Area Code (631) 788-7290 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X. No If yes, which state or federal Agency? US ACOE. NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of 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 IH - Policies; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable This Burr's home makes appropriate use of an existing residentially zoned waterfront property. The seawall repair complies with environmental desien factors published bv the NYS DEC. and the DOS Coastal Management Prom'am. Southold Local Law' No. 6. 2004 and the Southold LWRP. The seawall will remain in its same footprint and configuration (height. thiclcness, etc.) and will not require dismantling the existing structure except in areas needing structural repair. There will be no impairment of waterflow or navigation during or after the repair and maintenance work has been completed. Policy' 2. Protect and preserve historic and archaeolo~cal resources of the Town of Southold. See LV~rRP Section III - Policies Page 3 through 6 for evaluation criteria. __ Yes No X Not Applicable There are no 'knox~m historic or archeolo~callv sienificant feat'ares on this site. Policy 3. Enhance x~isual quality and protect scenic, resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria __ Yes __ No X Not Applicable The proposed proiect is repair and maintenance of an existing pier in place and in the same comqeuration. The view and vista of the harbor / cove will not be adversely or even noticeably affected by the proposed maintenance work. 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 X Not Applicable The seawall is located in West Harbor at the mouth of Pirates Cove and is acknowledged to be in a flood-prone area: and there is wave exposure at this site. The stone seawall is a long-standing structure which has demonstrated its ability to withstand the elements including inundation waves and ice. The work proposed is required to maintain and restore structural integrity to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This proiect will not have any affect on suitability of or availability of drinking water on Fishers Island. The seawall is at the bottom of the hydroloeic gradient &the water table and the construction materials. primarily cement-based mortar, are not a threat to drinking water quaiitv in any case. 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 HI - Policies; Pages 22 through 32 for evaluation criteria. X Yes __ No __ Not Applicable This proiect is necessary to maintain the structural stabilitY, soil rctearion capability and scour / erosion protection of the site. Thus its preservation is necessary to maintain water quality and fish and wildlife habitat quality. 3 Policy 7. Protect and impro~[~air quality in the Town of Southo9 See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria.. Yes No X Not Applicable There are no air quality issues related to this project. No emissions ~511 be generated bv the seawall or its repair. 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 X Not Applicable Them is no solid waste or hazardous substances to be generated from this project. No solid waste or hazardous substances will be generated fi.om this proiect. 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. Yes __ No X Not Applicable This project is beine built on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low- water line and the resources are fi.om the high tide line. out. These environmental resources are bein~ protected by the wall and suitable application of the standards dictated bv the Town through their ordinances an laws of the NYS DEC. There is virtually no public use of the wat~xfiont in this area and the reconstruction of the pier and landward extension above the apparent high water line are not likely to influence or chan~e this fact. WORKING COAST POLICieS Polic.v 10. Protect Southold's water-dependent uses and promote citing of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No Not Applicable This proiect is to maintain, repair and rebuild an existine seawall as necessary. This usage is defined as water-dependent in the LWRP because the seawall is required to protect a private property and an existing home. 4 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 X Not Applicable This proiect is to repair, maintain and rebuild a lone-standine concrete capped mortared stone seawall that has existed since before zoning and existine environmental re_~ulatorv proerams. Its preservation helps to maintain water quality and thus promotes sustainable use of living resources. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable This seawall is not used for or in support of any a_oricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section HI - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This seawall is not used for or in support of any energy or mineral mining or processin~ operations. PREPARED BY: Keith B. Neilson, P.E. TITLE_Agent DATE July 15, 2009 5 .% TAX ASSESSOR'S MAP 1000-10, BLOCK 7, LOT 15 PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: "SEAWALL REPAIR" WEST HARBOR FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY. NEW YORK FRANK W. & MARGARET BURR JULY 6, 2009 DOCKO, INC. E~RONMENTAL QUESTIONNAIRE This is intended to supplement ENG Form 4345, Application for Department of the Army Permit, or the Joint Application for Permit used in the State of New York. Please provide complete answers to all questions below which are relevant to your project. Any answers may be continued on separate sheet(s) of this paper to be attached to this form. PRIVA C¥ A CT S TA TEMEN T The purpose of this form is to provide the Corps of Engineers with basic information regarding your project. This information will be used to facilitate evaluation of your permit application and for public dissemination as required by regulation. Failure. to provide complete information may result in your application being declared incomplete for processing, thereby delaying processing of your application. GENERAL-APPLICABLE TO ALL PROJECTS 1. Explain the need for, and purpose of, the proposed work. This project is to repair and re-grout 52 (+/-) LF of existing concrete capped, mortared stone seawall as necessary. Attached are a detailed narrative and drawings which set forth the full description of the project, construction techniques and methodology, anticipated impacts including environmental, aesthetic, usage, navigation and public access. 2. Provide the names and addresses of property owners adjacent to your work site (if not shown on the application form or project drawings). North: Barbara Hoch, P. O. Box 307, Fishers Island, NY 06390 South: Hedge Street Limited, LLC, c/o Sarah Malinowski, P. O. Box 402, Fishers Island, NY 06390 (Please note that depending upon the nature and extent of your project, you may be requested to provide the names and addresses of additional property owners proximate to your project site to ensure proper coordination.} 3. Photographs of the project site should be submitted. For projects in tidal areas, photographs of the waterway vicinity should be taken at Iow tide. Using a separate copy of your plan view, indicate the location and direction of each photograph as well as the date and time at which the photograph was taken. Provide a sufficient number of photographs so as to provide a clear understanding of conditions on and proximate to your project site. 4. Provide a copy of any environmental impact statement, or any other environmental report which was prepared for your project. See attached narrative. 5. Provide a thorough~[scusston of alternatives to yo~P'proposaL This discussion should include, but not necessarily be limited to, the 'no action" alternative and alternative(s) resulting in less disturbance to waters of the United States. For filling projects in waters of the United States, including wetlands, your alternatives discussion should demonstrate that there are no practicable alternatives to your proposed filling and that your project meets with current mitigation policy (i.e. avoidance, minimization and compensation). See attached narrative. DREDGING PROJECTS Answer the- following if your project involves dredging. There is no dredging associated with this project. f. Indicate the estimated volume of material to be dredged and the depth (below mean Iow water) to which dredging would occur. Would there be overdepth dredging? 2. You can apply for a ten-year permit for maintenance dredging. If you wish to apply for a ten-year permit, please provide the number of additional dredging events during the ten-year life of the permit and the amount of material to be removed during future events. 3. Indicate on your drawings the de-watering area (if applicable) and disposal site for the dredged material (except landfill sites). Submit a sufficient, number of photographs of the de-watering and disposal sites as applicable so as to provide a clear indication of existing conditions. For ten-year maintenance dredging permits, indicate the dewatering/disposal sites for future dredging events, if known. 4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the expected duration of dredging. 5. Indicate the physical nature of the material to be dredged (i.e. sand, silt, clay, etc.) and provide estimated percentages of the various constituents ff available. For beach nourishment projects, grain size analysis data is required. 6. Describe the method of dredged material containment (ioe. hay bales, embankment, bulkhead, etc.) and whether return flow from the dewateringVdisposal site would re-enter any waterway. Also indicate if there would be any barge overflow. MOORING FACILITIES Answer the following if your project. Includes the construction or rehabilitation of recreational mooring facilities. f. It is generally recommended that any fixed piers and walk ramps be limited to four feet in width, and that floats be limited to eight feet in width and rest at least t~o feet above the waterway bottom at mean Iow water. Terminal floats at private, noncommercial facilities should be limited to 20 feet in length. If you do not befieve your proposal can meet with these recommendations, please provide the reason(s). These criteria can be met as set forth in the attached narrative statement and as depicted in the application drawings. 2. Using your plan view, show to scale the location(s), position(s) and size(s) (including length, beam and draft) of vessel(s) to be moored at the proposed facility, including those of transient vessel(s} if known.. 3. For commercial mooring sites such as marinas, indicate the capacity of the facility and indicate on the plan view the location(s) of any proposed fueling and/or sewage pump-out facilities. If pump-out facilities are not planned, please discuss the rationale below and indicate the distance to the nearest available pump-out station. 4. Indicate on your plan view the distance to adjacent marine structures, if any are proximate and show the locations and dimensions of such structures. 3 5. Discuss the need for wave protection ,~t the proposed facility. Please be advised that ifa permit is issued, you would be required to recognize that the mooring facility may be subject to wave action from wakes of passing vessels, whose operations would not be required to be modified. Issuance of a permit would not relieve you of ensuring the integrity of the authorized structure(s) and the United States would not be held responsible for dames to the structure(s) and vessel(s) moored thereto from wakes from passing vessels. Wave protection at this site is not considered to be a necessary or appropriate expense. Wave heights in West Harbor are generally a foot or less. BULl(HEADING / BANI( STABILIZATION / FILLING ACTIVITIES This section is not applicable. Answer the following if your project includes construction of bulkheading (also retaining walls and seawalls) with backfill, filling of waters/wetlands, or any other bank stabilization fills such as riprap, revetments, gabions, etc. 1. Indicate the total volume of fill (including backfill behind a structure such as a bulkhead) as well as the volume of fill to be placed into waters of the United States. The amount of fill in waters of the United States can be determined by calculating the amount of fill to be placed below the plane of spring high tide in tidal areas and below, ordinary high water in non-tidal areas. 2. Indicate-the source(s} and type(s} of fill materiaL 3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc.). Would any temporary fills be required in waterways or wetlands to provide access for construction equipment? ff so, please indicate the area of such waters and/or wetlands fo be filled, and show on the plan and sectional views. 4 requiring Department of the Army permits. It is intended to obviate or reduce the need for requesting additional information; however, additional information may be requested above and beyond what is requested in this form. Please feel free to add any additional information regarding your project which you believe may facilitate our review. T Ms Elizabeth Cantrell Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Dear Ms Cantrell: Docko Inc. Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, JUL 2_9 2009 S0nth01d Town ~ . .. Board of Trustees _ Re: Frank OV. ,~ ,.,.,Saret uurr, Fishem Isla,d Seawall Re~k West H~r, Fishe~ Isled, Revi~ ~en~ email: docko@snet.net 28, 2009 On behalf of Frank and Margaret Burr, we enclose herewith the following revised information in support of her permit application for seawall repair on Fishers Island. Four prints each of plans titled: Project: "Seawall Repair" Waterway: West Harbor Location: Fishers Island, Town of Southold Suffolk County, New York Applicant: Frank W. & Margaret Burr Date: July 6, 2009 Four copies of thc Southold Board of Trustees permit application, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Tax Assessor's Map, site photographs and location map and additional check, in the amount of $250.00 payable to the Town of Southold for Coastal Erosion application. One copy of each of the other applications to regulatory agencies has been previously submitted as well as $250 check for Wetlands Application. Transactional Disclosure Form will be faxed to you on Friday, June 31, 2009, signed by Keith Neilson. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. //~y yours, Keith B. Neilson, P.E. KBN:jm Enclosures CC: Frank & Margaret Burr US ACnE NYS DEC: Environmental Permits NYS DOS File: 09-02-2107 BURR Docko, Inc, Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net July 22, 2009 Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Frank W. & Margaret Burr, Fishers Island Seawall Repair West Harbor, Fishers Island Dear Mr. King: On behalf of Frank and Margaret Burr, we enclose herewith the following in support of her permit application for seawall repair on Fishers Island. prints each of plans titled: Wate~ay: West H~bor Locmion: Fishem Isled, To~ of Sou~old Suffolk Co,W, New York Applic~t: F~ W. & M~g~et Bu~ Date: J~y 6, 2009 Two copies of the Southold Board of Trustees permit application, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, Environmental Questionnaire, site photographs, narrative and location map and Check in the amount of $250.00 payable to the Town of Southold. One copy of each of the other applications to regulatory agencies. I trust that you will f'md this application package complete and acceptable; please let me know if the need for further information arises. KBN:jm Enclosures CC: Frank & Margaret Burr US ACOE NYS DEC: Environmental Permits NYS DOS File: 09-02-2107 BURR Very truly yours, Keith B. Neilson, P.E. N ~1-~ P~O~ERTY of BU~ OVEI~.ALL I I I I I P-.EV1SED ~-2.-.~-O9 T.O.~. D,E...~PJf:rI1ON LOCATION: ~UFFOLK ~U~, N~ Y~ DA~ JULY ~: ~K W. ~: ~ BU ~/ET 1 OF 4 ~ 572 8~3~ F~ ~0 E~ d~.~ ,N::'PP*OXIMATE APPAI2~._NT /L.OW W^TE EXIDTING WOOD DTAIR.,G TO BE RETAINED CONEDI'T'ION¢ I I I I I LOCATION: RSHER$ ISLAND - TOWN oF SOUTHOLD SUFFOLK COUN"Dr', NEW YOP4( WAT~R'C,/AY: xA/EST H,~R - FISHER~ ISLAND PATE: JULY 5, APPLICANT: FRANK 'gv'. 8; MAP.~.ARET BU .GHF-~T '2 OF 4- DOCKO, INC. ~ B. Netlson, i'l'y~c, CT OGD55 ~O 572 8¢D~ FAX 8¢~O 5'72 750D ~IT'E~ TC~ OF WALL EL 7~. Of E~U~I~ L~W~ NON-TUP-.~ WALL NE~V ~TONE WALK~ NEVV .~4~T P.E~:D ~-.~-Oo~ T.O..~. 5FT BUFFE~ ~'/--~ N VH~EW I I . I I PPOJECT: ~F-.AWALL LOC. A'I1ON: FI~HEI~.S I~LANI~ - TOWN oF 5~]THOLD .SUPFOLK C, OUNTY, NEW YOP. K WATEIL~VAY: WE53T ~ - FISHEP..~ IE~,..AND DAT~ JULY 0, 200~ APDLJCANT: fP~qK W. ~ M~T I ~HE~I' 3 OF 4 DOC~-.O, INC. B. N~I~ ~ ~, ~ ~355 572 8~3~ F~ ~ 572 7~ EXISTING 3.-FT HIgH WOOD FENCE OF WALL TO P. EM,'NN E..XI~T~NG CONCP~:~ E CAP 7. - TO P~N APPROVED .'ZOARD OF T;Li.i, i 5':','N CF · d¢T '7 I~.ECHINK and ~E. AWALI_ p~oJ~c-r: .~EA~'ALL/:ZEPA/R