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HomeMy WebLinkAboutTR-7050 James F. King, President • QF so~jyo • Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main 1 P.O. Box 1179 79 Dave Bergen 41 T Southold, New York 11971-0959 John Bredemeyer CP ~e Michael J. Domino O OUNI Telephone (631) 765-1892 Fax (631) 765--66441 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 13, 2013 Mr. William R. Garbarino, Esq. 40 Main Street Sayville, NY 11782 RE: 1035 CALVES NECK ROAD, SOUTHOLD SCTM# 63-7-32 Dear Mr. Garbarino: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday, November 13, 2013: RESOLVED, that the Southold Town Board of Trustees APPROVE the request for a Transfer of Wetland Permit #7050 from Patricia Fitzpatrick to Renzo & Sylvia Morandina Living Trust, as issued on March 18, 2009, for the 4'x64' low-profile, open-grate, fixed dock on 16-6" diameter piles, 3'x15' metal ramp and 6'x20' floating dock affixed to 2-8" diameter piles; and non-turf buffer between two most seaward bulkheads. If you have any questions, please contact our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK:amn BUFFO( James F. King, President 0~ C P.O. Box 1179 Bob Ghosio, Jr., Vice-President Southold, NY 11971 Dave Bergen ? Telephone (631 765-1892 John Bredemeyer Fax (631) 765-6641 Michael J. Domino G y'~Ypl # ~,Ddr Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: I I 0 William R. Garbarino, Esq. on behalf of MORANDINA LIVING TRUST requests a Transfer of Wetland Permit #7050 from Patricia Fitzpatrick to Renzo and Sylvia Morandina Living Trust, as issued on March 18, 2009. Located: 1035 Calves Neck Road, Southold. SCTM# 63-7-32 Type of area to be impacted: -Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 _Chapt. 111 -other Type of Application: _ Wetland -Coastal Erosion -Amendment -Administrative-Emergency Pre-Submission Violation Info needed: c Modifications: Conditions: Present Were: J. King ~B. Ghosio l D. Bergen, J. Bredemeyer /Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: James F. King, President ~~OF SOf/jy~ Town Hall Annex `O 75 Main Road Bob Ghosio, Jr., Vice-President 543 Dave Bergen P.O. Box 1179 Southold, New York 11971-0959 John Bredemeyer k ` Telephone(631) 765.1892 Michaeel l J. J. Do Domin no Fax (631) 765.6641 E CE IV BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD H U. OCT 2 1 2013 J APPLICATION FOR A TRANSFER OF A WETLAND ERMIT " i DATE October 21, 2013 Morandina Living Trust OWNER Renzo Morandina and Sylvia PHONE 631-246-6088 ; oran na trustees MAILING ADDRESS PO Box 1058, Southold, NY 11971 AGENT William R. Garbarino, Esq. PHONE 631-563-4411 r ADDRESS 40 Main Street, Sayville, New York 11782 PROPERTY LOCATION 1035 Calves Neck Road, Southold, New York TAX MAP NO. 1000-063.00-07.00-032.000 UWe Renzo Morandina and Sylvia Morandina request a Transfer of Permit# 7050 from Mildred Dicarlo Signed By: I(Q,tryL!r~ I Board of Trustees Application AU THDRIZAI~IM (where the applicaht is. riot the. owner) I, 'CN( / : '/iV residing at ' (print owner of property} (mailing address} do hereby authorize- 11~~ ( Agent ) r u to apply for, permit (s) from the Southold 13aard of TmM Trustees do my behalf., (Ow zI's signature)' • i BOARD OF SQVMOLD TOWN. TRUSTEES SOUTHOLD, NEW YORK PERMIT No. 7050 DATE: MARCH 1& 2009 ISSUED TO: MILDRED DICARLO PROPERTY ADDRESS: 1035 CALVES NECK ROAD 30UTHOLD SCTM# 63-7-32 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter I I I of the Town Code of the Town of Southold and in acemdsoce with tit Resolution of die Board of Tin om adopted at the matting held on Mamh IS. 2009, and in consideration of application foe in the am of SUM Paid byMfldeQjC&d4 aid subject to the Ten's and Conditions as sated is the ResoWdon, dK Southold Town Board of Trustees ' authorizes and perndts the following: Wetland Permit to replace the existing dock with a low-profile 41x64' fixed dock on 16.6" diameter piles 12' on center, 31x15' metal ramp mod a 61i20' floating dock affixed to 2-0" diameter piles and In-place replacement of 125' of bulkhead and 371 return landward of high-water, with the conditions that a silt boom is deployed prior to and daring all intertidal operations, there are to be no tied piles, the on of open- grate decking on the dock, portions of the bulkhead are to be removed and the area is to be reo-vegetsted with native species, a non-turf buffer is to be Installed In the area between the two most seaward balkheads, and as depleted on the site plan prepared by Job* C. Ehlers Land Surveyor, last dated June 9, 2009, and received on June 10, 2009. IN WrrNESS WHEREOF, the said Board of Trustees heteby causes is Corporate Seal to be affixed, ~ and these presents to be subscribed by a vajority of the said Board as of this date. . Cl/ 1 TERMS AND CONDITIONS I The Peemittee Mi" DiCarlo residing at 1035 Calves N-cck RoocnNhg New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are Messed from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of airy . operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such vita initiated by third parties, and the said Parnittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees ofthe Town of Southold. 2. Thal this Permit is valid for a period of 24 months, which is oaaidcmd.to be the estimated time required to complete the work involved, but should circumstances warrant, request for an consion may be made to the Board at a later date. 3. 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 ooucaned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and noncon fiance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized 6. That there'shali be no interference with the right of the public to pass and repass along the beach between high andlow water marks. . 7. 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 midPasmittee will llp required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold 8. The Permittee is required to provide evidence that a oopy of this Trustee permit lies been recorded with the Suffolk County Department of Real Properties Office as a notice eovenam and deed ri striwon to the deed of the subject parcel. Such evidence shall be provided within; ninety (90) calendar days of issuance of this permit.. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. i. 10. That the Permitter 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. 5U2VEY OF PROPERTY O MM GANW San" ' N n 1 su9-oLx cou+m, rn• w E +-A 1f~ S :M1~d7'rb• 70Aj ~ ,e.c~.awe.e..m,..n~s mo. OEM uy L-cl_ii,P `en. uf. W.mf 6•~ 'G'ML ~1. /OV ' "'S'V+)i- W . 66T1 6'W;B. ~xex. 91 6 M YY LLII yT~ A4 e.°. uy~ MM'-., ua. _ b<P 4RE~ r+Cf P' ...%M_YlyiR ~{Qv^N4 .moo. Gap N@JKiti~ 1~iE0.]xl W' llrk%MCw~~i.- ~pyRPGhJ/ -~~til . C1 6P..S3Y. e! v"V VET .uio oKxs~o m ,r ..u I ,T 400 `PROVED u TOWN OF ii ? DATE diA/ ~~~+}3YF~m•~v- Mlp. Vy ~C ~C AD JOHN C. EHLERS LAND SURVEYOR bFA9NG•IiL hA0' 6flVlY.WlD~r x2i.uC.HD.mR `~4r- \ i1Y~gxY.,Mp ]FY114MiW Jill M. Doherty, President O~~OF SOTown Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road P.O. Box 1179 James F. King Southold, New York 11971-0959 Dave Bergen John Bredemeyer ell/,,- Telephone (631) 765-1892 COU Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0689C Date September 15, 2011 THIS CERTIFIES that the 4'X 64' low-profile- open-grate, fixed dock on 16-6" dia. piles. 3'X 15' metal ramp and 6'X 20' floating dock affixed to 2-8" dia piles, and non-turf buffer between two most seaward bulkheads At 1035 Calves Neck Rd.. Southold Suffolk County Tax Map #63-7-32 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 10/23/08 pursuant to which Trustees Wetland Permit #7050 dated 3/18/09 was issued and conforms to all of the requirements and Conditions of the applicable provisions of law. The project for which this certificate is being issued is for A 4'X 64' low-profile open-grate fixed dock on 16-6" dia piles 3'X 15' metal ramp and 6'X 20' floating dock affixed to 2-8" dia. piles: and non-turf buffer between two most seaward bulkheads. The certificate is issued to PATRICIA FITZPATRICK owner of the Aforesaid property. Au orized Signature CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e - m a I I : c m e s i a n o@ o p t o n I i n e . n e t August 29, 2011 Lori M. Hulse, Asst. Town Attorney Office of the Town Attorney P.O. Box 1179 Southold, NY 11071-0959 Re: Patricia Fitzpatrick/SCTM#1000-63-7-32 Dear Ms. Hulse: Enclosed please find a certified copy of the Declaration filed 7/29/2011 as per your instruction. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours enne a IMset Enclosure Cc: Jay Fitzpatrick D MCE AUG 3 1 2'11 TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD CC # : C11-28161 s o_ t COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 07/29/2011 under Liber D00012666 and Page 902 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07129/2011 SUFFOLK COUNTY CLERK I/ !i. eL.s.C. Q. {~u.ccp3t~ JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/29/2011 Number of Pages: 6 At: 09:41:59 AM Receipt Number : 11-0084793 LIBER: D00012666 PAGE: 902 District: Section: Block: Lot: 1000 063.00 07.00 032.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $7.50 NO RPT $30.00 NO Fees Paid $107.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County C 2 3 Number of pages TORRENS 3, UU7TN P. PPK c Serial # OF Certificate Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. Handling 1. Basic Tax _ TP-584 2. Additional Tax Notation Sub Total EA-52 17 (County) Sub Total U Spec./Assit. Or EA-5217 (State) Spec. /Add. R.P.T.S.A. AyCsZ ~Y TOT. MTG. TAX Dual Town Dual County Comm. of Ed. 5 00 Held for Apportionment Affidavit N+~ s _ Transfer Tax ~o ~ Certified Copy ~ 7 Mansion Tax - The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total S SU dwelling only. Other N 5 C^YES or NO GRAND TOTAL G c)- If NO, see appropriate tax clause on page # of this instrument. /'-I If( 5 Rpni Prnnertv Tax Service Avency Verification G Community Preservation Fund 1000 06300 0700 032000 Consideration Amount $ Stamp P T S CPF Tax Due $ R LPA A Date 9JUL-11 Improved Initials Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD & RETURN TO: TD TD NlestC"'% o, inc. ~2 Por`d C. T.toIL ic,r+`s, N y 11440 8 Title Company Information Co. Name Title # 9 Suffolk Count Recording & Endorsement Page This page forms part of the attached '~o ecj&ru t,e. e#' Codraa. w ~esb~t ~k~.ns made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of S0 u-rl+o,,,p U w r o?4 S 0 ur .0W'0 In the VILLAGE or HAMLET of S e y 77i o c..A BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 7 g~/day of July, 2011, by Patricia Fitzpatrick, now residing at 1035 Calves Neck Road, Southold, NY, as owner, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 1035 Calves Neck Road, Southold, Town of Southold, Suffolk County, New York, SCTM #1000-063-007-032, said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a Wetland Permit for approval to replace the existing dock with a low-profile fixed dock on sixteen 6" diameter piles 12' on center, 3' x 15' ramp and a 6' x 20' floating dock affixed to two 8° diameter piles and in-place replacement of 125' of bulkhead and 37' return landward of high-water on the property described in Schedule A and known as SCTM #1000-063-007-032, and as depicted on the plans prepared by John C. Ehlers Land Surveyor, last dated June 9, 2009: and WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of Wetland Permit Number 7050 dated March 18, 2009, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. The grant of a Wetland Permit for the replacement of 125' of bulkhead and 37' return landward of high-water shall be conditioned upon portions of the bulkhead being removed and the area being re-vegetated with native species, as shown on the above-referenced plan and identified as SCTM No. 1000-063- 007-032. If any work, repair or reconstruction of the bulkhead is performed, or in the event the bulkhead becomes non- functioning, the portions of the bulkhead referenced as a condition of the permit shall be removed. 2. The grant of a Wetland Permit for the replacement of the existing dock and bulkhead shall be conditioned upon the installation of a non-turf buffer in the area between the two most seaward 1) bulkheads, as shown on the above-referenced plan and identified as SCTM No. 1000-063-007-032. 3. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 4. It is the responsibility of any party having any right, title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. 5. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall 1 succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. Patrici trick By: C STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On this __j day of sl4i in the year 2011, before me personally appeared uz , k own to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individ , or the person upon behalf of which the individual acted, executed the inst rqAe G - Mz-~/ Notary Public SHAWN A. WEIS Notary Public, State Of New York No. 01 W E6074101 Qualified in Suffolk County I~ commission Expires 05/06120 ~ y n S-11838 Amended 5/18/10 AMENDED DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Calves Neck Road (a private road) distant 958.10 feet easterly as measured along the same from the comer formed by the intersection of the easterly side of Youngs Avenue with the northerly side of Calves Neck Road (a private road); RUNNING THENCE north 15 degrees 38 minutes 40 seconds east along the easterly side of land now or formerly of Holman 195.42 feet to a tie line along the face of a bulkhead on Town Creek; RUNNING THENCE along the said tie line the following 3 courses and distances: 1. south 79 degrees 24' 22" east 76.23 feet; 2. north 21 degrees 55' 35" east 8.94 feet; 3. south 84 degrees 44' 16" east 43.71 feet to the westerly side of the land now or formerly of Bjerknes; RUNNING THENCE along said land south 15 degrees 38 minutes 40 seconds west 224.02 feet to the northerly side of Calves Neck Road (private road); RUNNING THENCE along the northerly side of Calves Neck Road (private road) the following two courses and distances: I. north 69 degrees 01 minutes 20 seconds west 55.15 feet; 2. north 74 degrees 21 minutes 20 seconds west 65 feet to the point or place of BEGINNING. MARTIN D. FINNEGAN • • SCOTT A. RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us ~~pF s0~/JyO JENNIFER ANDALORO Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 jennifer.andaloro@town.southold.ny.us Southold, New York 11971-0959 LORI M. HULSEG.2 Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY l Facsimile (631) 765-6639 lori.hutse@town.southold.ny.us yCOUNTY,~ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: Board of Trustees FROM: Lori M. Hulse DATE: July 7, 2011 RE: Fitzpatrick request, 1035 Calves Neck Road, Southold In a letter dated May 24, 2011, Jay Fitzpatrick requested a certificate of compliance with respect to the above-referenced property. In the July meeting, the Board approved transfer of a wetland permit from Mildred DiCarlo to Patricia Fitzpatrick. However, it was noted during discussion at the meeting and at the inspection of the property, that a condition of the underlying permit, namely removal of sections of the bulkhead, was not completed and that a violation might issue. The Fitzpatricks, represented by Cathy Mesiano, indicated that they did not wish to do any work to the bulkhead. Mr. Fitzpatrick met with me and provided written documentation that he was erroneously advised by Ms. Mesiano that the conditions of the permit # 7050 were unenforceable prior to purchasing the property. After conferencing with this Board, and noting that the DiCarlo permit expired prior to the July transfer, I suggest that the removal of sections of the bulkhead be included in the Covenants and Restrictions to run with the property. Any future repair or reconstruction of the bulkhead would require removal of sections of the bulkhead as per the permit. The certificate of compliance would issue following proof of filing with the County. Please advise if this is an acceptable resolution. Cc: Martin D. Finnegan, Town Attorney May 24,20011 Jill M. Doherty President Mr„ - Board of Trustees Town Hall Annex P.O. Box 1179 _ Southold, NY 11971-0959 Dear Ms. Doherty, Thank you for your letter of May 9, 2011 regarding my certificate of Compliance and your offer that I may contact you. I would like to come in and meet with you, at your convvenience, to discuss the matter with the hope of coming to an amicable solution. I am respectfully, Jay Fitzpatrick L JAY FITZPATRICK 1035 CALVES NECK ROAD - SOUTHOLD, NY 11971 631 765 8922 - figl@optonline.net Jon= B. Sing. Preddent Teen Hail Any Jill M. Doherty, Vie -Presidmt ti~ 54375 Main Road y P.O, Box 1179 Peggy A. Dickereoa 0 T Southold, New York 11971-0259 Dew Bergen Bob Ohcelo, Jr. Telepbone (631) 765-1892 i! 7 BOARD OF TOWN TRLT8TEES TOWN OF CHOLD 7R,6 2010 I SOL" - ! Soutno!d Tocrn Board of Trust,,-, APPLICATION FOR A TRANSFER OF A WETL XV. 6PEIM ' DATE &//folio OWNER PHONE (031 ~b5-8922 ADDRESS ]035 ea N ~4 QA S,,x~..U L~~ Il9li AGENT I.. ME51ANo INC PHONE (.mil- E -)3.2 i5f ADDRESS 12- M1.U. P(;>gJ L& • 'I1 Accic,Hs n N y 1 V k 4o PROPERTY LOCATION 1 Q -J.Sajy s N c 2d Sourt• , TAX MAP NO. 1000 - /03-7- 3a I/We ~L~I request a Transferof Permit # 7Q s y __C(tAdLrGC as 143 C~+ yl a4nn f ~ Signed By: ~().r tLLMgt¢ / ' ~].w //n4, . CATHERINE MESIANO, INC, 12 MILL POND LANE E. MORICHES, NY 11940-1222 ' Jay Fib patnck • • 1036 Calves Neck Road, Southold SCTM #1000-63.7-32 AUTHORIZATION I, PATRICIA Fitzpatrick, residing at l~ 3S (Q /l~e~f ~O~e c~ do hereby authorize Catherine Mesiano, Inc. to apply for permits from the Southold Board of Town Trustees, New York State Department of Environmental Conservation, NYS Department of State and US Army Corps of Engineers on my behalf. DateLii~~~ C 7h I JUN 1 6 2010 u Swom to before me this day ofI i46 , 20_a. ~cKL Southold Board of Trustees s No ary Public BRENDA H. PEREIRA Notary Public, State of New York Qualified in Queens County Reg. No. DIPE6181599 -My Commission Expires 02-042012 Jill M. Doherty, President ~~Of so~Tyo Town Hall Annex Bob Ghosio, Jr., Vice-President 'lam 54375 Main Road P.O. Box 1179 James F. King 4 Southold, New York 11971-0959 Dave Bergen G Q John Bredemeyer Telephone (631) 765-1892 ~yCOUNn,' Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 9, 2011 Ms. Patricia Fitzpatrick 1035 Calves Neck Road Southold, NY 11971 RE: Certificate of Compliance for Wetland Permit #7050 Dear Ms. Fitzpatrick: This letter is in response to your request for a Certificate of Compliance for Wetland Permit #7050. The Permit was issued with conditions added by the Board of Trustees. Upon inspection of the property, the Board of Trustees found that the conditions of the permit were not completed; therefore no Certificate of Compliance will be issued. Please make note that Wetland Permit #7050 is now expired. Any other activity within 100' of the wetland boundary requires a permit from this office. If you have any further questions, please do not hesitate to call. Sincerely, III M. Doherty, Pres' ent Board of Trustees JMD:eac Jill M. Doherty, President ~~F~'rCCG Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice-President P.O. Box 1179 James F. King Southold, NY 11971 Dave Bergen Telephone (631) 765-1892 John Bredemeyer Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction _ %constructed Project complete, compliance inspection. INSPECTED BY: Y 0 COMMENTS: !r ® ~lTF3 art ~°10 T~cic ! l r/tss Sr f z~ o/,v / cL c if reis., sf t~ms7lw//,..1 i r*a n...'E". (S££. ~OILn-a.~ *a) L.nr i Ab't re ait~tw0! CERTIFICATE OF COMPLIANCE: /'~A~ L Jill M. Doherty, President OF SOUjyo Town Hall Annex James F. King, Vice-President ~O 54375 Main Road P.O. Box 1179 Dave Bergen l~I l~ Southold, New York 11971-0959 Bob Ghosio, Jr. John Bredemeyer Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD July 21, 2010 Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RE: PATRICIA FITZPATRICK 1035 CALVES NECK RD., SOUTHOLD SCTM#63-7-32 Dear Ms. Mesiano: The following action was taken at the Southold Town Board of Trustees Regular Meeting held on Wed., July 21, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVES the request for a Transfer of Wetland Permit #7050 from Mildred DiCarlo to Patricia Fitzpatrick, as issued on March 18, 2009. If you have any questions, please contact our office at (631) 765-1892. Sinc rely, Jill . Doherty President, Board of Trustees JMD:Ims James F. King, President ~OF soUr Town Hall Jill M. Doherty, Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen co Bob Ghosio, Jr. Telephone (631) 765-1892 ly~ 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 15t day of construction %constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN. TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7050 DATE: MARCH 18, 2009 ISSUED TO: MILDRED DICARLO PROPERTY ADDRESS: 1035 CALVES NECK ROAD. SOUTHOLD SCTM# 63-7-32 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 March 18, 2009, and in consideration of application fee in the sum of $250.00 paid by Mildred DiCarlo and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: { Wetland Permit to replace the existing dock with a low-profile 41x64' fixed dock on 16-6" diameter piles 12' on center, 3'x15' metal ramp and a 6'x20' floating dock affixed to 2-8" diameter piles and in-place replacement of 125' of bulkhead and 37' return landward of high-water, with the conditions that a silt boom is deployed prior to and during all intertidal operations, there are to be no tie-off piles, the use of open- grate decking on the dock, portions of the bulkhead are to be removed and the area is to be re-vegetated with native species, a non-turf buffer is to be installed in the area between the two most seaward bulkheads, and as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated June 9, 2009, and received on June 10, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, j- and these presents to be subscribed by a majority of the said Board as of this date. 6~r ga?FFQ,i~. ` ti Cos y yol ~a°~ TERMS AND CONDITIONS The Permittee Mildred DiCarlo residing at 1035 Calves Neck Road Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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 Petmittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. 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. 3. 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. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and noncompliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. , 7. 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. 8. 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 r estriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. 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 QF SOTown Hall Annex Jill M. Doherty, Vice-President ~Q 54375 Main Road Box A. Dickerson Southold, , New 1179 w York 11971-0959 Dave Bergen w Qom„ Bob Ghosio, Jr. 4\O Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 18, 2009 Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RE: MILDRED DICARLO 1035 CALVES NECK ROAD, SOUTHOLD SCTM# 63-7-32 Dear Ms. Mesiano: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 18, 2009 regarding the above matter: WHEREAS, Catherine Mesiano, Inc., on behalf of MILDRED DICARLO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 23, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 & 9.4 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a silt boom is deployed prior to and during all intertidal operations, there are to be no tie-off piles, the use of open-grate decking on the dock, portions of the bulkhead are to be removed and the area is to be re-vegetated with native species, a non-turf buffer is to be installed in the area between the two most seaward bulkheads, and 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 18, 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, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of MILDRED DICARLO to replace the existing dock with a low-profile 4'x64' fixed dock on 16-6" diameter piles 12' on center, 3'x15' metal ramp and a 6'x20' floating dock affixed to 2-8" diameter piles and in-place replacement of 125' of bulkhead and 37' return landward of high-water, with the conditions that a silt boom is deployed prior to and during all intertidal operations, there are to be no tie-off piles, the use of open-grate decking on the dock, portions of the bulkhead are to be removed and the area is to be re-vegetated with native species, a non-turf buffer is to be installed in the area between the two most seaward bulkheads, and as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated June 9, 2009, and received on June 10, 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: $1,229.00 Very truly yours, v James F. King President, Board of Trustees JFK/eac James F. King, President ME SO(/~yO Town Hall Jill M. Doherty, Vice-President h0 l~ 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson l[ # Southold, New York 11971-0959 Dave Bergen Bob Ghosio, Jr. Telephone (631) 765-1892 D~~COU' Fax (631) 765-6641 BOARD OF TOWN TRUSTEES p TOWN OF SOUTHOLD TO: dro-d DiCxr10 Please be advised that your application dated OcAnker CPA OOCq has been reviewed by this Board at the regular meeting of Mc_rcPn IK c9Of)(` and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 151 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: J~oc - N',~~7'= aagsry. 03•00re,-~f - 66y d I~amP - 3'x IS' = clSsy.f'f: X~'3.ooPu~'f: ~ 9 13S°-° Frtc~l T~Cfon Fee c dC~~ TOTAL FEES DUE: 0~9 BY: James F. King, President Board of Trustees STREET ADDRESS: 875 CALVES NECK ROAD • SURVEY OF PROPERTY N AT SOUTHOLD • TOWN OF SOUTHOLD SUFFOLK COUNTY, NY rorN 1000-63-07-31.1 wH SCALE.- 1'=30' WA. C TI+,+ DEC. 13, 2002 MAY 21, 2007 ~752j~ N wy ~ b Z M[iy - lpp ~ ~ MOOD pEOC i i i B 153 ~ 0 p2~,J~ ~ 2 ?4.3' h 34.3. / \ Q y 6B L h T~ ~ ry O (u W ° 33.6' Q i e v 5 a ~ zQ ~s .00• AREA=J5,021 S. F. ,a TO 71E LINE \ ASPHALT 07* N74:?1?0. 0 E 1J Y • =1C. NO. 49618 C,~ DES E ON t+egRS ANY ALTERAnON OR ADDIDON TD THIS SURVEY IS A NOLAnGW (63 5',5 0 FAQ 1) 765-1797 OF SEC77ON 7209Oc 7HE NEW YORK STATE EDUCA nON LAW Nt fie- , EXCEPT AS PER SECnON 7209-SUBD/MSION 2 ALL CERTTF7CAnONS J',,~L ~pA 7 M P. O. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF X11 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SVRVEMR 175 av 1230 ; _ T MHOSE SIGNATURE APPEARS HEREON. RQAT \ SOUTH OLD, 02-340 James F. King, President r3 SOUryo Town Hall Jill M. Doherty, Vice-President l~ 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen G * Bob Ghosio, Jr. ~yC~O Telephone (631) 765-1892 0 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: mrUrwhb~CO-C lo Please be advised that your application dated OCTObera3. 0200 has been reviewed by this Board at the regular meeting of dlaj cGi 18'a _ and your application has been approved pending the completion of the following items checked off below. V Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1St Day of Construction ($50.00) '/2 Constructed ($50.00) Final Inspection Fee ($50.00) V/ Dock Fees ($3.00 per sq. ft.) M~neoi re Ce_~ d-)C Plans 'I ev;5eci 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: $ Sd - + DO&Fees CAObe a ''Ded) BY: James F. King, President Board of Trustees o~OgpfFO(~.co G~ 13 Donald Wilder, Chairman C2 Town Hall, 53095 Main Rd. Lauren Standish, Secretary T P.O. Box 1179 'g 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., December 3, 2008, the following recommendation was made: Moved by Jack McGreevy, seconded by James Eckert, it was RESOLVED to SUPPORT the Wetland Permit application of MILDRED DICARLO to replace the existing dock with a low-profile 4'X 64' fixed dock on 16 8" dia. piles 12' on center, TX 15' metal ramp and a 6'X 20' floating dock affixed to 2-10" dia. piles, and in- place replacement of 125' of bulkhead and 37' return landward of high-water. Located: 1035 Calves Neck Rd., Southold. SCTM#63-7-32 Inspected by: James Eckert, Doug Hardy, Don Wilder The CAC Supports the application with the following Conditions: • no portion of the bulkhead extends beyond the mean high water mark; • the dock is constructed a minimum of 5' above mean high water to provide public access; • the dock and the vessel don't exceed 1/3 across the width of the creek; • the 8" pilings are replaced with 4"X4" posts; • thru-flo decking is used on the catwalk; • the docks are removed from the beach; and • the present non-turf buffer is maintained. Vote of Council: Ayes: All Motion Carried a ~ S ` y l~ `1`h 111}~ ,t1 I t` p~ \ it ,.~1, '•f 7., J t ~ 1~, l >lit ; ~ ~ 151 ~ - ` , J~. £ '1 ~ , INN f y I ' x t~ct• R. Mr N I Y. 7~cc'si~ its s .w Yti - r~ f r ~ 118 1°a~ O A• d ` la~ 7~ . 4 1: t~ f r mot{ . 7.7 4 ~ { F `l .Ra 1 ~ Ye y~ ~`S r Sol t~u 1 rFFJ ~ ~ ! 10 / j rt' k y~ r._ . r .tj ,~1;• 0O1 1 ~~La •d • ~i 11 I I Il I~ 1~1~1~ y L.. U v f 1 r SKr r { - r V r• _ i t 4j-~GIr \ _ F D E C- 8 2:0C 8; tit. Y a }ryeR -AT 07 A. AA • d~ s. t, y . K f;• ~ ~A 1 ~1 M~_ y ,µa M ~ °R: 1 {1~ a . Moll 1 d r. M. , y } 04 1~ ' fit. / _ - ~1/~. ~ µ 'fir ~~•.~r r, . . 4. ~1.m Alit 'j-~..H, p~,. d .r•q~^~i~._s'YL.+~Ifi, - yiL*.a ` • ~ _ ' ` Z 1. ~7 C i L p It I 1 t .ti O tom/ r• z mot ww QF w T Av I y lei r . • 1 094, "VA ~ i~ ~441 A% INN, Af' f,~ '+1h 164 VOL, lp, 4L lp Nph. ic~ pn~i~ a ti Now /f t ` -.r.t~ 1 ~ Owl { s, ~ . I ~ y .i.' 1/'' + ~ u`I 7 ~.~i14} il. [I•.~~ IYe~~'E'•t~~r~"5~~ ''~.lw rvF oor x! t. + AN, ' a i a df~ sib? 4 - AF 4-01 41 all 40 r 1 r (1/ ' S1 is •°;~1 , ay f \ y;;~ ~ t ',~y fir? ` ~ ~ ? f.~ t I ~ : o~,`\ Jam` 66 - 770 TOW 7 7•.. l M ey r1 i r 4-4 44 YZ, 4F 00 / 77 b y 4f- r 40 44 :A SON mow- 1, _ AN ,eft, iA r VP4 4 Mir kilt T fir;' TIP" M J J t vim King, President P.O. Box 1179 James F. M1z'~FaKC'ri Jill M. Doherty, Vice-President Southold, NY 11971 Peggy A. Dickerson Telephone (631) 765-1892 Dave Bergen Fax (631) 765-6641 Bob Ghosio, Jr. Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: MILDRED DICARLO requests a Wetland Permit to replace the existing dock with a low-profile 4'X 64' fixed dock on 16 8" dia. piles 12' on center, 3'X 15' metal ramp and a 6'X 20' floating dock affixed to 2-10" dia. piles, and in- place replacement of 125' of bulkhead and 37' return landward of high- water. Located: 1035 Calves Neck Rd., Southold. SCTM# (o 1 6 Type of area to be impacted: Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 _Chapt111 -other Type of Application: :~Zland -Coastal Erosion -Amendment _Administrative_Emergency Pre-Submission Violation Info needed: 11/ LgrPI't w~ ~ccie-T t U IJ Modifications: i ,.y' ir1'2,1a ~ e ~ikhd t~ L{t r /sir ti Conditions: Present Were: "J.King "J.Doherty Zickerson U D. Bergen L-'B.Ghosio, D. Dzenkowski -Mark Terry,~jbtther Form filled out in the field by Mailed/Faxed to: Date: ' 4 n K-C Z U r25 o. I PERMIT NO. N STATE DEPARTMENT OF ENVIRONMENTAL CONS 9 IGN 10-84-0461 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW 8 ARTICLE 13, (Protection of Water) ® ARTICLE 23, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction In Flood Hazard Areas) PERMIT ISSUED TO. Michael D1Carlo c/o Garrett Strang ADDRESS OF PERMITTEE - F. 0. OX Shirley, NY 11907 LOCATION OF PROJECT (Section of stream, tidal welland, dam, building) South side of Town Creek on the north side of Calves Neck Road DESCRIPTION OF PROJECT Construct a retaining wall 68' seaward of the house approximately 15' landward of mean high water on the east and 11' on the west and ae per supplied plans. s COMMUNITY NAME (City, Town, Village) TOWN Southold Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk December 31, 1986 GENERAL CONDITIONS 1. The permittee shall file In the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any damage Permit Administrator, a notice of Intention to commence work at least 4R OF Injury to the structure or work herein authorized which may be caused by or bows In advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or promptly in writing of the completion of the work. Improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be subject to Inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorizec order the work suspended if the public Interest so requires. Is not otherwise provided for by law, such lights and signals as may be pre. 3. As a condition of the Issuance of this permit, the applicant hes ac- scribed by the United States Coast Guard shall be installed and maintained cepted expressly, by the execution of the application, the full legal respon- by and at the expense of the owner. sibility for all damages, direct or Indirect, of whatever nature, and by whow 10. All work carried out under this permit shall be performed in accor. ever suffered, arising out of the project described herein and has agreed ro dance with established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. It granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted continue; rescind or modify this permit in such a manner as may be found to shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency to modification of the Welland hereby authorized has not been completed, the cause Injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such 5. Any material to be deposited or dumped under this permit, ellher In time and manner as the Department of Environmental Conservation may require, the waterway or on shore above hlgh•tvater mark, shall be deposited or dumped remove all or any portion of the uncompleted structure or fill and restore the at the locality shown on the drawing hereto attached, and, If so prescribed site to Its former condition. claim shall be made against the Stale of New thereon, within or behind a good and substantial bulkhead or bulkheads, such York on account of any such removal or alteration. as will prevent escape of the material Into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or Interfere with the riparian rights of others 6. There shall be no unreasonable Interference with navigation by the to perform the permitted work or as authorizing the impairment of any rights, work heroin authorized. title or Interest In real or personal property held or vested in a person not a y, that if future operations by the State of New York require an alteration party to the permit. In the position of the structure OF work herein authorized, or If, In the opinion 13. The permlllee is responsible for obtaining any other permits, ap- of the Department of Environmental Conservation It shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood,fbws or endanger project. the health, safely or welfare of the people of the State, or loss or destruction el the natural resources of the State, the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis menl is remove 61 alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and Ihorsby without aapsnao to Jim Slalc; and If, upon the expiration or revocation Part 500 of 6 NYCRR (Construction In Flood Plain Areas having Special Flood of thl3 permit, the structure, (III, excavation, or other modification of the Hazards - Building Permits) and in no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding. without expense to the State, and to such extent and in such time and manner ac Inc Department of Environmental conservation may require, remove all or 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the any portion of the uncompleted structure or fill and restore to Its former condition [be navigable and flood capacity of the watercourse. No claim shall reverse side. he made against the state of New York on account of any such removal or alteration. 95-20-1(9/75) - (SEE REVERSE SIDE) 1d- - 01 irXi • NEW YMM STATE DEPARTMENT OF ZNVU6NMENTAL CONSERVATION Building 40, SM-Room-219 Stony Brook, NY 11794 (nn5,,16) 751-7900 - I•I~CN¢el 0. CGrlo ~'Jp rc dl ~l ~y( 5 yc L~ rrch{ A. 5}ro n5-Arch ircl- /ho Qond Po hex 141,1 ,OLJ h 1d1 r" / 10711 AMENDMENT TO PERMIT RE: Permit No. /)l:cho a)Alcor/o A7(5 cr. I vrs Nerk ~o,d Dear /hr, 0 Cor lo-, Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially charge the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: CrAilr„cF.On or- rc-lo-o 11) wall $1-le/ fandwaral o~ /n?on h,jh wa+cr asel alch9 ik4 6 s o r / Ac at ;l;ny sloPe v ¢ . The Wa 11 w: 11 be Apr Iney uJ.1+.a 9r ner Il-crn Secfrn 7l.en hoadVn~ 43Qob W:~I-q /O/re lbrrl. (!¢wrT+Vnd ho5a 10~ Pal.vn o/f0• AllworkrT/chi po,Pcemed .nacccrrl¢nre wJ', lLe PIons en/•11.d " A'cP05ed An.e nrlman/ /o PQ-,1 No 10-j(N-046/ it r¢e."d 'C' o ber 7r/95V. This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly gours~ Regional Permit Administrator DJL:cz o• s e ' .a, ~ is W~c ~ VM1T ~I • e S _ P T l a _ \ NPW Apr ~ ao.t ti h o + I ~t~ ~ O. a I. O II fi h ^ sz w - prn om ma x . ' . urrw ^ Wu h' L OF SUfFOLK genc© o sECnon no OLD E P - Red aperty iavice Ay v F P N Eu^ry wr. an u r uso~ WTH o - r.. 063 " 1000 vgovEeEr um w ~1 • ~6.^ OS- ' -.P-:.J l.T tNll 4 zt q3" 3~ rl?>T.I • b L N i 2.0 t-A4~- 1 S E-l~ ~ L7. 2~ I o N r~ ul ~ J r id in N I I ZI I ~~'O. 10~ TJ J~ H `/1~ 21 Zo \V N Gq' p Y.D N.N l~•3 AVG NT- GV '71A I T "P V A N 0 • CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e-mail: cmesiano@optonline.net TO: BOARD OF TOWN TRUSTEES FROM: Catherine Mesiano SUBJECT: DICARLO 1035 CALVES NECK ROAD, SOUTHOLD DATE: 5/1212008 S Lauren Enclosed please find prints of the revised plan per the Trustees request. Thanks. Cathy ~ (r I OFFICE LOCATION: • MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ~O$UFFO( CO Southold, NY 11971 Main Rd. & Youngs Ave. y0 Gy Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 0 H 2 Gy ~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees - - 1 From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: December 11, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for MILDRED DICARLO SCTM#63-7-32 Catherine Mesiano, Inc. on behalf of MILDRED DICARLO requests a Wetland Permit to replace the existing dock with a low-profile 4'X 64' fixed dock on 16 8" dia. piles 12' on center, 3'X 15' metal ramp and a 6'X 20' floating dock affixed to 2-10" dia. piles, and in-place replacement of 125' of bulkhead and 37' return landward of high-water. Located: 1035 Calves Neck Rd., Southold. SCTM#63-7-32 THE FOLLOWING SECTION ADRESSES THE PROPOSED IN-PLACE BULKHEAD REPLACMENT: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The existine bulkhead is a preexisting non-permitted and/or nonconformine structure and therefore it cannot be replaced in kind without full review and approval by the Trustees pursuant to & 275-11 B (1) (h). Further, new bulkheads in creeks and bays are prohibited, unless the bulkhead is a low-sill. § 275-11 Construction and opera standards. B. Shoreline structures. The fo owing standards are required for all opera ti• relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. THE FOLLOWING SECTION ADDRESSES THE PROPOSED DOCK STRUCTURE: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. B. Ensure that interference with passage along the shoreline is limited to the minimum extent necessary to gain access from the upland to the water. C. Where public access is substantially impeded, provide passage around interferences on public trust lands through adjacent upland easements or provide other mitigation. D. Require that allpublicly owned land allow for perpendicular access to trust lands whenever compatible with the principal use of the public land. E. 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. 2. Permit limited obstruction of public use, including navigation, in navigable waters: 4. 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: c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses The proposed action (docking structure) extends beyond the minimum necessary for access to navigable waters, impairing the public trust interests. The proposed docking structure is private, noncommercial and will not support a pattern of development that enhances community character nor provide "Public" access for recreational activities. The applicant must prove that the following docks standards have been met pursuant to 4 275-11 (specifically dock standards Ill, 121, and 131 as outlined below. § 275-11 Construction and operation standards. [1] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. [2] Whether the dock will un nterfere with the public use of waterway swimming, boating, fishing, shellfishing, waterskiing Other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; 0] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. If the Agency, (Board of Trustees) makes a contrary determination of consistency, the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Mildred DiCado • 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 Office Use Only -Coastal Erosion Permit Application Wetland Permit Application _ Administrative Permit _Amendment/Transfer/Extensi n .,Received Application: LOW Log ,,eReceived Fee:$ S` iCompleted Application -Incomplete _SEQRA Classification: - Type 1_Type II Unlisted- _ Coordination:(date sent) -CAC Referral Sent:1 I. 111 - - llfate of Inspection: : 11 3 0 4 -Receipt of CAC Report: sc tlc„ Tr:. Tr~ Lead Agency Determination: ; Technical Review: _-Public Hearing Held: 1 0 -Resolution: ~ j.~ 1111 +J Io B Name of Applicant: Mildred DiCarlo Address: 29 Cottontail Run, Melville, NY 11747 Phone Number: (631) 235-8989 Suffolk County Tax Map Number: 1000 - 7(0_j-`) Property Location: 1035 Calves Neck Road, Southold (provide LILCO Pole distance to cross streets, and location) AGENT: Catherine Mesiano. Inc. Address: 12 Mill Pond Lane East Moriches, NY 11940 cmesiano(iiloutonline.net Phone: 631 878 8951 % Mildred DiCarlo 0 • 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 GENERAL DATA Land Area (in square feet): 13.910 Area Zoning: R-40 Previous use of property: single-family dwellina, private dock Intended use of property: same Covenants and Restrictions: Yes No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date NYSDEC #10-84-0461 12/7/84; AMENDED 311985 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): PROPOSED DOCK TO REPLACE EXISTING STRUCTURE : CONSTRUCT LOW-PROFILE 4'X 64' FIXED DOCK ON 16 8" DIAMETER PILES 12' O.C. @ 10' MINIMUM PENETRATION; X X 15' METAL RAMP AND 6'X 20' FLOAT AFFIXED TO 2 10" DIAMETER PILES @ 12' MINIMUM PENETRATION. -3.5' BELOW FLOAT @ LOW TIDE. IN-PLACE REPLACEMENT OF 125' BULKHEAD AND 37' RETURN LANDWARD OF HW Mildred DiCarlo 0 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 Board of Trustees Application Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: REPLACE EXISTING DOCK THAT HAS DETERIORATED AND BECOME UNSAFE, REPLACE EXISTING BULKHEAD FOR EROSION CONTROL Area of wetlands on lot: 0 square feet Percent coverage of lot: NIA % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: NIA feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? NIA cubic yards Depth of which material will be removed or deposited: NIA feet Proposed slope throughout the area of operations: NIA Manner in which material will be removed or deposited: N/A 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 NEGATIVE EFFECT ON WETLANDS OR TOWN WATERS IS ANTICIPATED AS A RESULT OF THE PROPOSED ACTION ADEQUATE ELEVATIONS ARE MAINTAINED BELOW STRUCTURE ACTIVITY WILL BE CONDUCTED IN ACCORDANCE WITH APPROVED MATERIAL AND PRACTICES. 0 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e-mail: cmesianoc@optonline.net TO: BOARD OF TOWN TRUSTEES FROM: Catherine Mesiano SUBJECT: DICARLO 1035 CALVES NECK RD. SOUTHOLD DATE: 12/1/2008 Lauren Enclosed please find the Affidavit of Mailing together with a copy of the notice, plan and the mailing receipts for the DiCarlo application. Thanks. Cathy James F. King, President ~~OF SOpTy~ Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Peggy A. Dickerson l~ P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen G Q Telephone Bob Ghosio, Jr. ~y00UNTY (631 765~6641g92 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of 7?!R_~4rE__n'~s r COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 'B 1,!~~j.Tl etAe M P$t~~a residing at 12Aitl~ l G. ~i~.. r 11940 being duly sworn, depose and say: That on thel4-day of 1% 200$ I personally posted the property known as 1x3 5 6 IJ -4 Sovraho-n i000 -(03 - 1. 3 by placing the Board of Trustees official poster where it can easily be seen, 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 Z&4' to PC , JQ On'B'(C 6cut&.oo Pm, Dated: ( ature) Sworn to before me this lu day of W 200 Notary Public j: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME: ADDRESS: SEE ATTACHED STATE OF NEW YORK COUNTY OF SUFFOLK Catherine Mesiano, residing at 12 Mill Pond Lane, East Moriches, NY being duly sworn, deposes and says that on the 1gt day of December, 2008, 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 Unites States Post Office at East Moriches, that said Notices were mailed to each of said persons by certified mail. i • . 2008. r a, r LJ7 0 m m 1 A Rq m oefeBe $ tw aa s ettliletl Foe Retur ~ . p ~ntlpryama Rap ePt Faa jQ. p Restrict equlratl) O p (Entlorae~ Degvery Fee =2. y. 1 equlretl) ~V PHemam. fn re Total ^ $0.00 n, se : asil $ Joan $5.L 0 0 i o B0. 105 NOnham p cry o S hold, Ny 11971 1000-63.7-23 RE: Mildred DiCarlo 1035 Calves Neck Rd. Southold SCTM # 1000-63-7-32 Clara Bjerknes PO Box 864 Southold, NY 11971 1000-63-7-33 Basil & loan Northam PO Box 1053 Southold, NY 11971 1000-63-7-23 Mary Wang & William Boak 315 E 72 St. Apt. 19E New York, NY 10021 1000-63-7-21 M & G Koke c/o Al Koke PO Box 711 Southold, NY 11971 1000-36-7-31.1 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: MILDRED DICARLO SCTM # 1000-63-7-32 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 LOW-PROFILE 4' X 64' FIXED DOCK ON 16 8" DIAMETER PILES 12' O.C. @ 10' MINIMUM PENETRATION; 3' X 15' METAL RAMP AND 8' X 20' FLOAT AFFIXED TO 2 10" DIAMETER PILES @ 12' MINIMUM PENETRATION, -3.5' BELOW FLOAT @ LOW TIDE. PROPOSED DOCK TO REPLACE EXISTING STRUCTURE. IN-PLACE REPLACEMENT OF 125' BULKHEAD AND 37' RETURN LANDWARD OF HW 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1035 Calves Neck Road, Southold 3. That the project which is subject to Environmental Review under Chapter 111 (Coastal Erosion) and Chapter 275 (Wetlands) of the Town Code is open to public comment on December 10, 2008. 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. OWNER'S NAME: Mildred DiCarlo MAILING ADDRESS: 29 Cottontail Run Melville, NY 11747 OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 Enc.: Copy of sketch or plan showing proposal for your convenience. 0' OIA. PILE5 12' MIN. PEN. + DEPTH- TO" /+p~~ EL=-3.5 CUM y. + x 20' BLOAT - P!LE (T-P.)- 6 ' x 20' FLOAT ~ ~AMa= F + + F F + + SBO°46'44 F FAXED DOCK U . 00 J AW _ 20.6T + oU 7 0 u N Irk/~~2 g ~ R ~ v N~ mm i r i A/74.2/1 65.00, 120 WS 5, W.q~alrs tl~sMei tlMrwa~„b~l . 5j \ Hb9~~~~Y WI b~e'a~b~bf6bb.O1W --_bbb~III ftct Kw~LtlNYw MNtllav ~y~ 16 M pip fua4w~ rM b~ a- f ~I RVtla MIwl Y~TaYpIN Ila ~v191y.bsblN M IM~rxl * bra. fetl ubFY~~blrb b 74~'Yb Yb by a~ yP.~4b~~n. M Yb1 aJ r19 tiWa W ~a~t1 ~w f Mildred DiCarlo 1035 Calves Neck Road, Southold County of Suffolk State of New York MILDRED DICARLO BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/ SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARRISING 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. i Mildred o i Sworn to before me this day of J.unP , 2000 rLi, l Notary Public Edwed Natzam tic" PLd*. State of Now Yak Corny 401NA610M Qualified in Suf k County 1 My Cpaais" E*m Nov. 24,244, Mildred DiCarlo • 0 1035 Calves Neck Road, Southold AUTHORIZATION I, Mildred DiCarlo residing at 29 Cottontail Run, Melville, NY 11747 do hereby authorize Catherine Mesiano, Inc. to apply for permits from the Southold Board of Town Trustees, New York State Department of Environmental Conservation, NYS Department of State and US Army Corps of Engineers on my behalf. Date: Sworn to before me this / day of (0 , 200 0 . Notary Public Edward Nexaro Notary Public - State of New York Comry sC1NA6102054 Dualif ec at Suffolk County t My Commission Expires Nov. 24, 201A Mildred DiCarlo • 1035 Calves Neck Road, Southold APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mildred DlCarlO NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity) WETLANDS PERMIT Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of ~d ti's- 2008 Signatures ~-L-/)o Print name Mildred DiCarlo CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e- m a c me s i a n o@ o p ton I In e. n e t October 7, 2008 Jim King, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 RE: Mildred DiCarlo 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 Dear Mr. King: I am the agent for the above referenced applicant. The applicant is seeking Wetlands Permit for replacement of the existing dock and bulkhead at the above referenced location. Enclosed please find the following: 1. Application 2. Transactional disclosure 3. Release 4. Authorization 5. Survey/plan prepared by John Ehlers, LS dated 8/15/2008 6. LWRP form 7. NYSDEC permits dated 1984 and 1985 Also enclosed is a check in the amount of $250 for the application fee. Please note that I would like to meet the Trustees at the field inspection. Kindly confirm. Thank you for your consideration. Very truly yours, ~at enne Mesiano, President Enclosures Mildred DiCarlo • • 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000- 90 - 4-17 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: REPLACE EXISTING DOCK WITH LOW-PROFILE 4'X 64' FIXED DOCK ON 16 8" DIA. PILES 12' O.C. @ 10' MIN. PENETRATION; TX 15' METAL RAMP AND 6'X 20' FLOAT AFFIXED TO 2 10" DIA. PILES @ 12' MIN. PENETRATION. 3.5' BELOW FLOAT @ LOW TIDE. IN-PLACE REPLACEMENT OF 125' BULKHEAD AND 37' RETURN LANDWARD OF HW Mildred DiCarlo • 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 Location of action: 1035 Calves Neck Road, Southold Site acreage: .32 acres Present land use: single family dwelling Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Mildred DiCarlo (b) Mailing address: 29 Cottontail Run, Melville, NY (c) Telephone number: Area Code (631) 235-8989 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSDEC, NYSDOS, USACOE DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of a dock at this site is proposed in a manner consistent with the current standards, replaces an existing structure and has no impact on the "pattern of development in the town". In-place replacement of the existing, permitted, functional bulkhead is a common practice. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The proposed dock replacement is a low-profile structure and in-place replacement of the existing, permitted, functional bulkhead is designed in accordance with current standards and pursuant to NYSDEC recommendations. Mildred DiCarlo 9 of 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable In-place replacement of the existing, permitted, functional bulkhead is proposed specifically for the purpose of erosion control. Construction of the proposed dock will be done in accordance with NYSDEC regulations and Chapter 97 of the Town Code. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 5 has no relevance to replacement of dock and bulkhead. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable In-place replacement of the existing, permitted, functional bulkhead is proposed specifically for the purpose of erosion control and will be done in accordance with NYSDEC regulations and Chapter 97 of the Town Code. Proposed replacement dock is designed to provide maximum light penetration and sufficient depth to avoid prop scour and turbidity to bottomlands. 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 It does not appear that Policy 7 is relevant to replacement of dock and bulkhead. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 8 is relevant to replacement of dock and bulkhead. Mildred DiCado 1035 Calves Neck Road, Southold SCTM # 1000-63-7-32 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 Construction of the replacement of dock and bulkhead will have no impact on public access to, and recreational use of, coastal waters, etc. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to replacement of dock and bulkhead on a pre-existing non- conforming residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable The proposed activity will promote recreational use of marine resources, allow for boat access with minimal disturbance to bay bottom. 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 It does not appear that Policy 12 is relevant to replacement of dock and bulkhead on a pre-existing non- conforming residentially developed lot. 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 It does not appear that Policy 13 is relevant to replacement of dock and bulkhead on a pre-existing non-conforming residentially developed lot. _ o t CATHERINE MESIAKf , INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 a - mail: cmaalano@optonHno not October 7, 2008 Jim King, President F- I Southold Board of Town Trustees lr i Box 1179 Southold, NY 11971 OC' 23 3 RE: Mildred DiCario 1035 Calves Neck Road, Southold s r i;' Pe..^.r± of TrEstas SCTM # 1000-63-7-32 Dear Mr. King: i I am the agent for the above referenced applicant. The applicant is seeking i Wetlands Permit for replacement of the existing dock and bulkhead at the above referenced location. Enclosed please find the following: 1. Application 2. Transactional disclosure 3. Release 4. Authorization 5. Survey/plan prepared by John Ehlers, LS dated 8/15/2008 6. LWRP form 7. NYSDEC permits dated 1984 and 1985 Also enclosed is a check in the amount of $250 for the application fee. Please note that I would like to meet the Trustees at the field inspection. Kindly confirm. Thank you for your consideration. Very t7 rirv yours, at enne Mesiano, President Enclosures SURVEY OF PROPERTY 5MATE: OALVE5 NECK TOWN: 5OUTHOLD SUFFOLK OOUNTY, NY SURVEYED 08-15-2008 , - " REV15ED 12-04-2008,04-22-20011 04-28-2009 , Ota- Vp { - 2009 V r- SUFFOLK COUNTY TAX O 1000-83-7-32 - an PAO]PBLQ'I YOWNER, Y - @EPD DICARLO CALVES NECK ROAD OU OUHO6.®, LD, NEW Y SOUTHK Q OAIIC Uk u P EL/-3 5 EL/t31 i EVt3,0 6'%6'x10' WALH3 WITH B"%6'X4' EL/T3 4 KEY MAP Fln. Grade BUR FLOCKS TO FNKE CONT. As Per 14ALER T IGAL AT UP OWnx 2"x6° FOLLOWER { < LOViR LONOmI OPTIONAL GAP 5/6• x APPLICABLE EL/~5d -i- _ LE TH - HOT 01Fl 13.6RAe6 °i 11 6ALV. THR WLT5 / 3' 0. o/c D' Horlmnlal 6YKFILL MFA _ _ 4 W 1 L0 MONS 'aka' P. Cm . EL/F65 EL/t49 M 3/4TIe IRatl 61 F9"O/1 EL/ 6.4 1x10' O .d Ybep 4bles [y stl Grade m- 6b" 0/6 As F "rd _ BeacN~ EI. 4'-0' 15' Txb'FOLLOhiR•• EV69 EL/~6 B EL/~51 TOnn, 2 "XI0'X12 ~p~~ PROP. FLOAT 6'0' O/c Typical EX15TINC 6.X20' 'min Giack 4500 m DOCK PROPOSED FIBERGLASS GRID WALKING PROP. SURFACE OR EG7UIVELENT RAMP equly SMONNg EL/~49 II' 3'X20' EL/~40 FL~52 EV,51 51 FL/-5'l EV+32 EL/T36 BULKHEAD CROSS $Qf,Q,' ON EL/-33 EV-'36 ITT P LE EV34 EL/34 EL/,34 ~u IY (h I 8" DIA PILES ' E 34 ; HIGH LON WATER I2' MIN. PEN. HATER EL = Off EL=2]' 6"DIA. PILES 10' MIN. PEN DEPTH 12' ON GENTER EL=-3 Q~ - 16~ p-AMP Ev-2 a Ev-2. /28 EV-I B EL/SIB EL/+Il EL L EV-'13 EV-IS EL/il4 EL/ELI * EL/00 EIJ}O.S ~ EVl~I ~ EL~O •E6/-00 PE' _ A\ T,~ TUh?I1 1107 ____Seo• 4a„E Ei "ED Dn ~o G"PE AHED EI'B"E -F IiEN pE E ~cpf TED j. E6FT-aTEC' WITH 5E-1CF1 6Rr.55 18" OH IIEI~HBOpII FID Ef CPO a I_ y AHW 120", t-P.-PT iBULKHEA0 TO BE rLikF h'EMOVED wan°4z SOF~-F:~~. ia-1 r~'CD 'FE O F Ir"'_ C,~BIG 150 S.F, F, C9 - I pl--ml VED -r,CD ~IPLISFD Of- . s" "LFP~rJ v/ED UPC`~I ID SITE Oil G5 p 0 JAN ~ p 2009 m l ~i1 17 / u n Sout4heid town ~ T'; `C `g b"'d ai 4ast¢¢s / „ m ryr A PROVED BY MAR O~TRUSTEES TOWN OF SOUTH DATE JVA) iz o 9 OF NE 4 N74.212p jo/~~o NOTES, W DATUM MEAN LOW WATER AREA OF FILL TO DE REMOVED TO AN APPROVED 'tel. GY cS'ESEO ozo~ ~.s s '~~zv._ 0 LOCATION EAUALS 2,750 SQUARE FEET JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 GRAPHIG 5GALE I"= 40' _ RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compagserver\pms\08\08-172 revised 12-04-2008.pro M 1;: