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HomeMy WebLinkAboutTR-7220Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 June 16, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane P. Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: MICHAEL KENNA 3200 MINNEHAHA BLVD., $OUTHOLD SCTM# 87-3-39 Dear Ms. Costello: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, June 16, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #7220 to construct a 3'x68' fixed dock; all decking to be open grating style; any vegetation removed to construct new dock to be transplanted to existing pathway area at step; and as depicted on the revised site plan prepared by Costello Marine Contracting Corp., last dated June 17, 2010, and stamped approved on June 22, 2010. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, Jill M. Doherty ~ President, Board of Trustees JMD:eac /4, COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · G REENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393 /477-0682 · FAX (631) 477-0005 May l7,2010 Southold Town Trustees PO Box 1179 Southold, NY 11971 ' i 8 2010 RE: Permit 07220 ?~ Kenna Property 3200 Minnehaha Blvd, Southold SCTM 01000-87-3-39 Dear Trustees: I am requesting an amendment to the above-referenced permit to allow a 3'x68' fixed dock instead of the permitted 3'x34' fixed catwalk with a 32"x16' seasonal ramp onto a 6'x20' seasonal floating dock. The overall length of the proposed 3'x68' is the same as the approved dock. I have enclosed three copies of plans showing the proposed fixed dock with a copy of permit #7220 and check # 6188 representing the amendment fee. If any additional information is needed, please do not hesitate to contact me. Sincerely, Permit Manager enclosures Jill M. Dohe~ly, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr John Bredemeyer 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: Costello Marine Contracting Corp. on behalf of MICHAEL KENNA requests an Amendment to Wetland Permit #7220 to construct a 3'X 68' fixed dock. All decking to be open grating style. Any vegetation removed to construct new dock to be transplanted to existing pathway area at step. Located: 3200 Minnehaha Blvd., Southold. SCTM#87-3-39 T~rea to be impacted: er Wetland Freshwater Wetland __Sound c--d3"ay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~,Gh~pt.275 Chapt. 111 other Type of Application:/fi~etland __Coastal Erosion ~L-~mendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present were: L~j.j. 'King L4J. Doherty ~'~'~J.J. Bredemeyer B.Ghosio, D. Dzenkowski other Form filled out in the field by U/~. Bergen__ Mailed/Faxed to: , Date: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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 ~ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7220 DATE: DECEMBER 16, 2009 ISSUED TO: MICHAEL KENNA PROPERTY ADDRESS: 3200 MINNEHAHA BLVD. SOUTHOLD SCTM#87-3-39 AUTHORIZATION Parsuan{ to thc provisions of Chapter 275 and/or Chapter 111 of the Town Code of thc Town of S~oUth01d and in a~cordance with the ResOlUtion of the Board 0f TrUstees adopted at the meeting held on December 16, 20090 in consideration of application fee in the Sum 0f $250.00 paid bY Michael Kenna and subj to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: ' · ~: Wetland Permit to constrUct a 3'X 34' fixed catwalK With a 32"X 16' seasonal aluminum ramp onto a 6'X 20' s~asonal floating dock secured by two (2) 8" dia. anchor pilings; all decking to be open g~iting and any wetland vegetataon removed to construct new dock will be transplanted to existing pathway area at step, and as depicted on the plan prepared by Costello Marine Contracting Corp. last ~lated December 22, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affzxed, and these presents to be subscribed by a majority of the said Board as of this date. P~ggy Dickerson-Absent ' TERMS AND CONDITIONS The Permittee, Michael Kenna, residin~ at 225 West 70th St., Apt. 1E, New York, NY 10023, 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 Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone COncerned that authorization was orig!nally 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 P~rmit by resolution of the said Board That there will be no finreasonable interference with tiavigation as a result of the work herein authorized. That there shall be no i~terference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hail 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 December 16, 2009 Mr. John Costello Costello Madne Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: MICHAEL KENNA 3200 MINNEHAHA BLVD., SOUTHOLD SCTM#87-3-39 Dear Mr. Costello: The Board of Town Trustees took the following action dudng its regular meeting held on Wed., December 16, 2009 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of MICHAEL KENNA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated August 26, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 5, 6, 6.1, 6.2, 6.3, 9 and 9.4 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the relocation of the proposed docking facility, the use of grated decking on the catwalk, and the relocation of the wetland vegetation, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on December 16, 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southoid Town Code, and, RESOLVED, that the Board of Trustees approves the application of MICHAEL KENNA to construct a 3'X 34' fixed catwalk with a 32"X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two (2) 8" dia. anchor pilings; all decking to be open grating and any wetland vegetation removed to construct new dock will be transplanted to existing pathway area at step, and as depicted on the plan prepared by Costello Marine Contracting Corp. last dated December 22, 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:S728.00 Very truly yours, Board of Trustees JFK:lms James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated <~ )~0 been reviewed by this Board at the regular meeting of and your appliCation has been approved pending the completion of the following items checked off below. has __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) % Constructed ($50.00) Final Inspection Fee ($50.00) V'/ 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: ~,~ ~0~c~D~-~o, O0 ., ~ 5Qmuaos'6' o~ ~co~- 3'J~ ~~ ~b'z~ ~,1~.: ~1 qg, O0 TOTAL FEES DUa: $ ORi,O0 BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southeld, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated been reviewed by this Board at the regular meeting-of and your application has been approved pending the completion of the following items Checked off below. has V/Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) __ % Constructed ($50.00) ~/ Final Inspection Fee ($50.00) ~ Dock Fees ($3.00 per sq. ft.) -~O b~ cL~lDtzLm.(~ Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above, COMPUTATION OF PERMIT FEES: TOTALFEES DUE:$ ~"~00 BY: James F. King, President Board of Trustees James Eckert, 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 Southoid At the meeting of the Southold Town Conservation Advisory Council held Wed., October 14, 2009, the following recommendation was made: Moved by Greta Schiller, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of MICHAEL KENNA to construct a 3'X 60' fixed catwalk with a 32"X 14' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile dolphins 6" in diameter. Located: 3200 Minnehaha Blvd., Southold. SCTM#87-3-39 Inspected by: Greta Schiller, James Eckert The CAC Supports the application with the Condition the overall length of the proposed dock is shortened in order to maintain the pier line. The C^C observed run-off from the dwelling being directed into the creek and therefore recommends drywells and gutters are installed to contain the roof run-off. Vote of Council: Ayes: All Motion Carded James Eckcrt, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY ] 1971 Tclcphonc (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., September 16, 2009, the following recommendation was made: Moved by Jack McGreevy, seconded by Doug Hardy, to TABLE the Wetland Permit application of MICHAEL KENNA to construct a 3'X 60' fixed catwalk with a 32"X 14' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile dolphins 6" in diameter. Located: 3200 Minnehaha Blvd., Southold. SCTM#87-3-39 Inspected by: Jack McGreevy, Doug Hardy The application was Tabled because the proposed docking facility wasn't staked. Vote of Council: Ayes: All Motion Carried James F. King. President Jill M Doherty. Vice-President Peggy A Dickerson Dave Bergen Bob Ghosio. Jr. P.O Box 1179 Southold. NY 11971 Telephone (631 } 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Costello Marine Contracting Corp. on behalf of MICHAEL KENNA requests a Wetland Permit to construct a 3'X 60' fixed catwalk with a 32"X 14' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile dolphins 6" in diameter. Located: 3200 Minnehaha Blvd., Southold. SCTM#87-3-39 Type of area to be impacted: Saltwater Wetland Freshwater Wetland __Sound l,,'l~ay Distance of proposed work to edge of wetland ~haf Town Code proposed work falls under: pt.275 Chapt. 111 other Type of Application: rl~N~etland Coastal Erosion __Amendment ~Administrative__Emergency Pre-Submission __Violation Info needed: Mailed/Faxed to: Date: Michael Keana 3200 Minneha~la Blvd. Southotd 7/22/09 Michael Kenna 3200 Mimnehaha B!vd, Soulhotd 7/22/09 32f)0 Mirmet:~ha Bird, South~18 7/22;09 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor, Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustee~ From: Mark Terry, Principal Planner ',~ LWRP Coordinator Date: October 19, 2009 Re: Proposed Permit to Wetland Permit MICHAEL KENNA SOTM#1000-87-3-39 MICHAEL KENNA requests a Wetland Permit to construct a 3'X 60' fixed catwalk with a 32"X 14' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile dolphins 6" in diameter. Located: 3200 Minnehaha Blvd., Southold. SCTM#87-3-39 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 5. Protect and improve water quality and supply in the Town of Southold. The installation and use of the proposed structures may promote power boat traffic and the possible followinq negative impacts may occur: 1. Degradation of water quality 2. Impacts to submerqed aquatic vegetation, 3. Re-suspension of bottom sediments and turbidity To further the above policy and to reduce turbidity in the event that the proposed action is approved, the following Best Management Practice is recommended: The encirclement of the entire project area durinq construction with a silt boom or floatinq turbidity screen to control the dispersal of suspended solids in the water column. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Activities during dock construction can destroy veqetation either above or below the tide line by pullinq them from the substrate or destroyinq their root system. The peat beds underlying salt marshes can also be compacted through the improper use of heavy equipment. Vegetated wetlands have been identified in the area, however, the proposed construction practices of the dock have not been identified. It is recommended that the applicant identify the proposed construction practices. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other/ands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dock does not conform to Chapter 275 requlations, more specifically: Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] Aerial photos indicate that the proposed extension would project sea-ward of the existinq dock line and therefore would not conform to the below cited section (Fi.qures 1 and 2). [c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this chapter. Figure 1. Aerial view site showing subject parcel (black arrow). Policy 9. 9.4 E. Figure 2. Aerial view of dock line with 92' proposed sea-ward projection shown (red line). Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Altematives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas, Dredging solely to accommodate the draft of larger boats is not a recommended alternative. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The structure proposed to proiect into the water-way and will impede and/or hinder use of the public seaward of the mean hiqh water. Further, the proposed action has been identified for private use and therefore does not meet the above policy. It is recommended that the proposed action be amended to further the above listed policies to the extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only _~eaStal Erosion Permit Application tland Permit Application Adminis~'ative Permit Co ~Amendm enffrraas fer/Extea~ion ceived Application: ~.__~ 0 ~ ceived Fee:$c~) ~~ mpletad Application __Incomplete __SEQRA Classification: Type I Type 1/ Unlisted __Coordiaation:(date ~-"CAC Referral Sent: u! Receipt of CAC Report: __Lead Agency Determination: .__Technical Review: _~-eablic Hcaring Held: q __Resolution: Phone Numb r:( ll 1 '4147 Suffolk County Tax Map Number: 1000-.. ~'7-' (provide LILC0 Pole #, d/stance'to cross streets, and location) Clf applicable) of Trustees Applicati( GENERAL DATA Land Area (in square feet): 6i ~ ~..~ AreaZoaing: r~) - ,~_~d [014] (~J/[~'~'L Intended~eofprope~: &h}-' I ' - Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: of Trustees Applicatio~ WETLAND/TRUSTEE LANDS APPLICATION DATA Pu oseof epropo edope tions: - 1 Area of wetlands on lot: I ~/)[~ square feet Percent coverage of lot: ~.~ % Closest distance between nearest existing structure and upland edge &wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? ~_~cubic yards How much material will be filled? ~I~f cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393 / 477-0682 · FAX (631) 477-0005 October 26, 2009 Southold Town Trustees PO Box 1179 Southold, NY 11971 Attention: Lauren and Elizabeth Michael Kenna Property 3200 Minnehaha Blvd., Southold SCTM# 1000-87-3-39 Dear Lauren and Elizabeth: Enclosed you will in the Affidavit of Posting with attached photograph as well as the Proof of Mailing of Notice for the above referenced client. ~. Costello ' Permit Manager enclosures James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghoslo, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of MICHAEL KENNA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at/dba "/~_ 0 being duly sworn, depose and say: That on the . .day of . , .200 ,J personally posl;ed the. prope~y known as by~l-acing the B0ar~'~f ;l'~us~ees~officia~ Poster where it can easily be see'n, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed., September 23~ 2009 on or about 6:00 PM. Dated: .wom to before me this , of ct J-200 J00507 Michael Kenna 3200 Minnehaha Blvd., ~a~lhold, Michael Kenna PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Barbara G. & Frank J. Pellegrino Dennis & Rita Gallagher Tisbo Living Trust Rose T. & William B. Maury Address: 165 Lawrence Avenue, Hauppague, NY 11788 42 Wells Road, Greenlawn, NY 11740 62 Stratford Place, Syosset, NY 11791 204 Kensington Road, Garden City, NY 11530 STATE OF NEW YORK COUNTY OF SUFFOLK lANE COSTELLO , residing at 760 CHE51 eR ROAD, SAYVILLEt NY 11782 , being duly sworn, deposes and says that on the 3TH .day of SFPTE~48ER ,200_~, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at GREENPORTt NY 11944 , that said Notices were mailed to each of said persons by (certified) (registered) mail. Notary Public, State ot ~ew Ouaiifled m Sui~oik ~drlty,. ~missio~ ~¢res Oct 20~ ITl ©FF~C~AL USE Postage Cetffiled Fee Return Receipt Fee - 4 P" ~[,'~'C~.~ ................. ' ............. [o,~x,~: .......... ..4_~..~.~..~ ................ : ................. 1 I ' (gl~i~JJllll.tUll, l~,,il I I OFF C~AL USE OFF Postage NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Michael Kenna SCTM # 1000-87-3-39 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a 3'x60' fixed catwalk with a 32"x14' seasonal aluminum ramp leading to a 6'x20' seasonal floating dock secured by two 2-pile dolphins 6" in diameter. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3200 Minnehaha Blvd., Southold, ~PZ 11971 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 Sept~her 23,2009 at 6:00pm. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Michael Kenna 225 West 70~ Street, New York, NY 10023 A~t 1E Enc.: Copy of sketch or plan showing proposal for your convenience. i//C::/~//7'¥' e M, ML~ o.o I I 6t7.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME MICHAEL KENNA KENNA DOCK 3. PROJECT LOCATION: SUFFOLK Municipality SOUTHOLD TOWN County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) ~200 MINNEHAHA BLVD. SOUTHOLD, NY 11971 SCTM #1000-87-3-39 LONG/LAT: W:72.428/N:41.037 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A 3'X60' FIXED CATWALK WITH A 32"X14' SEASONAL ALUMINUM RAMP ONTO A 6'X20' SEASONAL FLOATING DOCK SECURED BY TWO 2-PILE MOORING DOLPHINS USING 6" DIAMETER PILES. 7. AMOUNT OF LAND AFFECTED: Initially 0.01 acres Ultimately 0.01 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: PRIVATE RESIDENTIAL WATERFRONT 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: ACOE, NYSDOS, NYSDEC, TOWN OF SOUTHOLD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION W1LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [~]No /Ii CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWI.EDGEj , ![.>.L ! ~ ' '"/ \l I If the action is in the Coastal Area, and you are. a state agency, comple~ the Coastal Assessment Form before proceeding with this asse~ment OVER PART il - IMPACT ASSESSMENT (~obe completed by Lead Agency) A. DOESACTION EXCEEDANYTYPEITHRESHOLDiN6 NYCRR, P~RT617.47 ]lyes coordJnate the review process and usethe FULLEAF. J---~ Yes [] No ~ :; B. WILL ACTION RECEIVE ~OORDJNATED REVIEWAS PRoviDE'D FOR UNLISTED Ac~ION~ IN 6'N¥CRR, PART 617.67 if No, a negative declaration may be superseded by another Involved agency. , ~'~ Yes [] No , C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATEO WiTH THE FOLLOWING: (Answers may be handwritten, if legible) C 1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or dsposal, potenfial for erosion, drainage or floo~ing problems? Explain bdatiy: * C2. Aesthetic, egdculturel, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, sheflrish or wfidllfe species, significant hab~tais, or threatened or endangered species? Explain briefly: C4. A COmmunity's exJ~ng plans or goals as o/ficially adopted, or a change in use or intensity of use of land or other natu*ral resources? Explain briefly: C5. Growth, subsequent development, or related acfiviUes likely to he i~lduced by the proposed action? Expisin briefly: C6. Long term, short term, cumulafive, or other effects not Identified in ¢i~C57 Explain bfletiy: C7. Other impacts (inrJuding changes In use of eithe;.quantity or type of energy)? E,~laln briefly: D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTER!STICS THAT CAUSED THE ESTABLISHMENT OF A CRITIC~--- ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: · IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT~J. ADVERSE [;NVIR~NMENTAL IMPACTS? [] Yes [] No f Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F0r each adverse effect identified abovel determine whether i . . effect should be assessed in connect'on with its (a) ' a ~ ~, .,+. .......... t i~ substan~al, arge, important or other.vise sign'ficant. Each . . settln.. .I,_. ..,..,.. v~ .u.~/, (b) probebilJty of occurnng; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments Or reference supporting materials. Ensure that explanations contain su[.~c~ent detail to show that all relevant adverse impacts have been identified and adequate y addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the prOpOsed action on the environmentsl characteristics of the CE~ [] Check( this box if you have determined, besed on the information and analysis above and any supporilng documentation, that the proposed action WiLL NOT result In any significant adverse environmental impacts AND provide, on attachments aa necessary, the reasons supporting this determination, Name of Lead Agency Date Type N ., .; ' Print or ame of Responsible Officer In Lead Agency Title of Responsible Officer · .~[gnature of Responsible O~cer In Lead Agency · '" Ooard of Trustees Applicati County of Suffolk Stare of New York SWORN TO BEFORE ME THIS DEPOSE~AND AFFIRMS THAT IZIE~/SH~ IS ThE APPk-I-~A~T FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAiNED HEREiN ARE TRUE TO tl-l~ BEST OF H/S/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE iN THE MANNER SET FORTH iN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR P, ZPKESENTAT/VES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. /)'-~Signature _ [otary Public VERONICA £ CIDONE Notary Public, State of New York No. 01Cl4661406 Qualified in Suffo k County Commission Expires Dec. 3 ].,2009 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES ° BULKHEADING ° STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX2124 · GREENPORT, NEW YORK 11044 · (831) 477-1100/477-1393/477-0682 · FAX (631) 477-0005 AUTHORIZATION FORM _ __. ~Busines..s~P~ro.~rty Name do hereby give Costello Marine Comracting Corp. the authority to act as agent in my behalf in applying for all of the necessary permits for work to be completed at my above referenced property. Da~c -Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CC.AZ tbr proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law This assessment is intended to supplement other information used by a Town of Southold agcncy ~n making a determination of consistency. *Except mihor exempt actions including &dldmg ?cr,~A, and other rninisterial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of tiffs form should review the exempt minor action list, policies and explanations of each policy contained in the Town of $omhold Locnt Waterfi'ont Revitalization Program, A proposed' action will be evaluated as to /ts significm~t beneficial and adverse effects upon the coastal area (which includes all of Southold To~xm). .3. If any question in Section C on this form is answered "yes", then the proposed action may aftbct the achievement of the LSVRP policy standards and conditions contained in the consistency reviexx law Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent 'to the maxiraum extent practicable with the LWR? polic> standards and conditions. If an action cannot be certified as consistent with the LWR? polio, standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's webs;to (southoldtown.northfork.net), the Board of Trustees Office, the Planmng DepaFtment, all Icc:ti libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION ,_5 The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. [] Building Dept. [-'-} Board of Trustees~ Category o f Town o f S outh0 ld agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (c) Financial assistance (e.g. grantl loan, subsidy) Permit, approval, license, certification: Nature ...... ,.. If'~ ~p~cafion for ~,pro~ ~0~,.~ ~ fil~ ~ ~ ~o~ Of ~ou~old agency, the DE.LOPED COAST POLICY prese~es open space, makes efficient use of Infrastructure, make~ benefiCial use of a coastal location, and minimkes adverse effec~ of development, See L~ Section III ~ Policies; Page'2 for evalu etlon criteria...,,.?~ ...... ~ ~ ~ · ,.~ Yes ~ ~OtApPlie~M~i'~ ,. ~., .,'..~":,~¥,".~,':r ~ ,,~.,, ' ':" ~ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~'] Yes ~-] No ['-] Not Appli · Attach additional sheets if n~ces Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria A~ttach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Miniml~.e loss of life, structures~, ,and natural, resources from flooding and erosion. See LWRP Section III - Policies ['-'} [-"]: "' F'~" ~-ti'~..,,i!.'~,~ i:L,~w~;~; ;~,,,S.!i,~,~ ~i,., ~..,~, ,' ~! : ~ .. ~ ~ yes I Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply ia the Town of Southold. See LWRP Section '7 Policies Pages 16 thrg,ugh 21 f~r~eya|gation criteria ~ Yes ~-~ No' L_JNot Applicabl _ .,, o t Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish ahd Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. : ,~ : ~, A~ch additional sheeta if necessary , Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ,:.~ ,, Yes ~] No [-'] Not Applicable Atlach additional sheets if necessary Policy 8. Minimize environmental degr?di~tlon'.~n. Tg~,a~ 0f. SOuthold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38for evaluation criteria. [-~ Yes ~ No ['--] Not Applicable~otr~ PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LwRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes ~-~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. At~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~Yes [~ No[~ NotApplieable ,~{~:>[ ~ ~0~1/~/ At~ach additional sheets if necessary Policy, 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [-~ Yes [] No[--] Not Applicable ~ ~ /~1~1~ Aaach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Created on 5/25/05 11,'20 AM Date: To: Proposal: August 26, 2009 Southold Town Trustees and Mark Terry Construct a 3'x60' fixed catwalk with a 32'x14' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile dolphins. DEVELOPED COAST POI_~CIES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Our proposal is consistent with this policy in that it a dock structure will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish itself within a season's Ume. The size of our dock structure is appropriate for this area. We are proposing a small 3' wide structure to access deep water then place a 6'x20' seasonal float to service a small boat. NATURAL COAST POLTCZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and ~nction of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the weUands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PUBI. ZC COAST POLTC[ES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. Page 2 of 2 LWRP for Kenna WORKING COAST POL/CZES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 3' wide and the decking will be grate style minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their flJnction of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. ~ ' .44'0~,"00"~ 72.o2~' I I M,MLI,U' Hydr:ogCaphic Map Prepared for M. Kenna Surveyed: 10-27-09 SCT# 1000-87-3-39 Situate: Corey Creek Town: Southold Suffolk County, NY Datum: A L W I 1" = 30' I SEA LEVEL MAPPING Box # 366 Aquebogue NY 11931 ROBERT H, FOX NYS PLS# 50197 N /J I/ N/'~ DELLEGFiiNO N §8'42'00"E "~ Z SHED S~JVd¢EY OV DESCRIBED PROPERTY LAUGHING WATERS. (SOUTHOLD,) TOWN OF SOUTHOLD. SUFFOLK' COUNTY, N.Y. GUARANT£ED TO: FTDEL[TY NATIONAL rtTL£ !NS. CO SURVEYED FOR: MICF~,EL KENNA KUNIKO KENNA TM# 1C,00-087-05-059 © © 0 SURVEYED: ~ ..~ JANUARy 2009 SCAL'£ I"= 20' .AREA = 5,695 S.F. 0 fE.¢ ACRES SURVEYED ~,Y STANLEY ,I. !SAI<SEN, JR. P.O. DOY. 294 NEVI SUFFOLK. N Y 11956 L~ENSE~/ ~N~ ~-~,~- ~YS L;c.~o. 49275 ' 09R17;2