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Home My WebLink AboutTR-7225 Town of Southold 54375 Main Rd. P.O.Box 1179 Board Southold,NY 11971 Office(631)765-1892 Fax(631)765-6641 Fhx To: Don Dzenkowski From: Lauren Fax: 765-2715 Pages: 6(including cover) Phone: Date: 4/29/2011 Re: Leonard Sessa CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑Please Recycle • Comments: Please inspect the docking facility located at 1505/1525 Naugles Rd., Mattituck,for compliance with the wetland permit issued on December 16,2009.Thank you. 0 0 James F.King,President ��q sooTyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen H Bob Ghosio, Jr. '.-� Telephone(631)765-1892 lyjy, 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 '/z constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7225 DATE: DECEMBER 16.2009 ISSUED TO: LEONARD VITO SESSA PROPERTY ADDRESS: 1505/1525 NAUGLES ROAD,MATTITUCK SCTM#99-4-27.1 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 December 16,2009,and in consideration of application fee in the sum of$250.00 paid by Leonard Vito Sessa 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 in-place and elevate 2'an existing 40'x4' pier with 40'x4'vinyl grated deck pier; extend landward to the bulkhead an additional 401x4' vinyl grated deck pier; pier piles to consist of(18)4"x4"x20' pier pilings, landward of the low water line and(6)8"x20' pier pilings seaward of the low water line; replace existing 16'x3' ramp with a 28'x3' ramp and replace in-place one existing 20'x6' float secured by(4) 10"x40' float pilings; install(8) 10"x40' mooring pilings; replace in-place existing 30' wood retaining wall; replace existing 10' return with a 20' return; install one new 20' return; replace existing 3'x4' beach access stairs on easterly side of pier and add one 3'x4'set of beach access stairs to westerly side of pier; pier to be equipped with utilities; remnant concrete slab to be removed to an approved landfill and area landward of bulkhead to be cleared of debris; area seaward of bulkhead 27'x48' will be planted with Iva frutescens(Marsh Elder),one foot on center,with the condition that no vessel is permitted to tie up along the southeastern side of the float or pier,and as depicted on the site plan prepared by ACE Inc.,last dated December 18,2009,and received on December 18,2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. 04 Not o HJ = y g Peggy Dickersa — Absent 4 �ao� TERMS AND CONDITIONS The Permittee Leonard Vito Sessa, residine at 1505/1525 Naueles Road, Mattituck,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 of 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. 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 non-compliance 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. That the said Board will be notified by the Pennittee of the completion of the work authorized. 9. 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. 0 0 James F.King,President ��OF SOUryo Town Hall Annex Jill M. Doherty,Vice-President 54375 Main Road P.O. Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 16, 2009 Mr. John Morena ACE Inc. 288 Shore Drive Oakdale, NY 11769 RE: LEONARD VITO SESSA 1505/1525 NAUGLES ROAD, MATTITUCK SCTM# 99-4-27.1 Dear Mr. Morena: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, December 16, 2009 regarding the above matter: WHEREAS, ACE Inc., on behalf of LEONARD VITO SESSA 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 22, 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 the Policies of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the fixed pier's posts are to be no more than 4"x4" in diameter through the marshland, no vessel is permitted to tie up along the southeastern side of the float or pier, 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, 2 w w 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 LEONARD VITO SESSA to replace in-place and elevate 2' an existing 40'x4' pier with 40'x4' vinyl grated deck pier; extend landward to the bulkhead an additional 40'x4' vinyl grated deck pier; pier piles to consist of(18) 4"x4"x20' pier pilings, landward of the low water line and (6) 8"x20' pier pilings seaward of the low water line; replace existing 16'x3' ramp with a 28'x3' ramp and replace in-place one existing 20'x6' float secured by (4) 10"x40' float pilings; install (8) 10"x40' mooring pilings; replace in-place existing 30' wood retaining wall; replace existing 10' return with a 20' return; install one new 20' return; replace existing 3'x4' beach access stairs on easterly side of pier and add one 3'x4' set of beach access stairs to westerly side of pier; pier to be equipped with utilities; remnant concrete slab to be removed to an approved landfill and area landward of bulkhead to be cleared of debris; area seaward of bulkhead 27'x48' will be planted with Iva frutescens (Marsh Elder), one foot on center, with the condition that no vessel is permitted to tie up along the southeastern side of the float or pier, and as depicted on the site plan prepared by ACE Inc., last dated December 18, 2009, and received on December 18, 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: $ 1,514.00 Veryruly yours, �4 James F. King President, Board of Trustees JFK/eac James F.King,President ��OF souTyoTown Hall Jill M.Doherty,Vice-President `O 53095 Route 25 P.O.Box 1179 Peggy A. Dickerson lxt Southold,New York 11971-0959 Dave Bergen G Q Bob Ghoaio,Jr. Telephone(631)765-1892 Mum Fax(631)765-6641 BOARD OF TOWN TRUSTEES � , _� rp TOWN OF SOUTHOLD `/ TO: �0(-XcarU �; se5SO0. Please be advised that your application dated OnL6to r '-_Q has been reviewed by this Board at the regular meeting of`_I�e P 16 200 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) 1s` Day of Construction ($50.00) Yz Constructed ($50.00) 1/ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Fno� -Eolec- (on Fee - osysp Floo-+ - 6'X aO'- 005t-,Q. 03.00fer4_ ''360 TOTAL FEES DUE: $ I 151 y .00 BY: James F. King, President Board of Trustees � lC James Eckert,Chairman Town Hall,53095 Main Rd. Lauren Standish,SecretaryP.O.Box 1179 10 Southold,NY 11971 a Telephone(631)765-1892 1 41 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Thurs., November 12, 2009, the following recommendation was made: Moved by Jack McGreevy, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of LEONARD VITO SESSA to replace in-place and elevate 2' an existing 4'X 40' pier with 4'X 40' vinyl grated pier; extend landward to the bulkhead an additional 4'X 40' vinyl grated deck pier secured by 6" dia. pilings landward of the low water line and (4) 8" dia. pilings seaward of the low water line; replace existing TX 16' ramp with a 3'X 18' ramp and replace in place two existing 6'X 20' floats secured by (4) 10" pilings; install (8) 10" mooring pilings; replace in-place existing 30' wood retaining wall; replace existing 10' return with a 20' return; install one new 20' return; replace existing 3'X 4' beach access stairs on easterly side of pier and add one TX 4' set of beach access stairs to westerly side of pier. Located: 1505/1525 Naugles Rd., Mattituck. SCTM#99-4-9 &27,1 Inspected by: Jack McGreevy The CAC Supports the application, however the area is congested and there is a concern with a potential navigation problem. Vote of Council: Ayes: All Motion Carried a)y P.O.Box 223,Mt. Sinai,NY 11766 Phone:631.874.9393 Fax:631.223.1410 PROPOSAL DATE; October 27, 2009 JOB NAME: Leonard Sessa LOCATION: 1505/1525 Naugles Road 555 Northern Blvd Mattituck, NY 11952 Great Neck, NY 11021 JOB DESCRIPTION: Proposed wiring and electric service for dock power: * Run conduit and feeders as necessary to appropriate location at boat dock. Feeders will be sized according to requirements described by owner and builder to meet immediate and future needs of service. * Feeders will be terminated at a power pedestal designed (location to be determined) for the applications intended purpose and sized as in the description above for the applicable circumstances involved. * Proposed Power Pedestal is as follows on the attached page and will meet any and all requirements as put forth by owner and builder. Also, consideration to the power requirements as proposed by the boat manufacturer will take precedence. Estimated job cost For the sum of ➢ The estimate is for completing the Job as described above.It is based on our evaluation and does not Include material price increases or additional labor and materials which may be required should un- foreseen problems or adverse weather conditions arise after the work has been started. 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West view East view r 'G�.'�"+ 1 Yds °1M �#♦�;,' - "�_ I, South view West view Propose walkway WIN s! rtipoirt a ACE Inc. Job Site. 288 Shore Drive 1505/1525 Naugels Road Mattituck, NY 11952 Oakdale, NY 11769 631-807-0300 Applicant: Leonard Vito Sessa 555 Northern Blvd. Great Neck, NY 11021 REV Date Of photo's, 05/06/09 Machinery Access by barge and land S.C.T.M.#1000-99-4-9.2.17&27 01 By ACE Inc., J. Morena Datum:Mean Low Wats SHEET Photo Sheet • i fF James F.King,President QV�gU jrCp P.O.Box 1179 Jill M.Doheny,Vice-President j Gy2 Southold,NY 11971 Peggy A.Dickerson y Telephone(631)765-1892 Dave Bergen Fax(631)765-6641 Bob Ghosio,Jr. Southold Town Board of Trustees Field Inspection[Worksession Report Date/Time: LEONARD VITO SESSA requests a Wetland Permit to replace in-place and elevate 2' an existing 4'X 40' pier with 4'X 40' vinyl grated pier; extend landward to the bulkhead an additional 4'X 40' vinyl grated deck pier secured by 6" dia. pilings landward of the low water line and (4) 8" dia. pilings seaward of the low water line; replace existing 3'X 16' ramp with a 3'X 18' ramp and replace in place two existing 6'X 20' floats secured by (4) 10" pilings; install (8) 10" mooring pilings; replace in- place existing 30' wood retaining wall; replace existing 10' return with a 20' return; install one new 20' return; replace existing 3'X 4' beach access stairs on easterly side of pier and add one 3'X 4' set of beach access stairs to westerly side of pier. Located: 1505/1525 Naugles Rd., Mattituck. SCTM#99-4-9.2,17&27 Typ 'f area to be impacted: altwater Wetland _Freshwater Wetland _Sound _Bay Distance of proposed work to edge of wetland Pf Town Code proposed work falls under: Vapt.275 _Chapt. 111 _other Type of Application: _✓Wetland _Coastal Erosion _Amendment —Administrative—Emergency Pre-Submission Violation Info needed: 4 �� l 'a� I�C5i��1(�cI i� IIJ II�c1 Modifications: Conditions: Present Were`\/ J.King "J.Doherty vP.Dickerson D. Bergen L B.Ghosio, D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: TOWN OF SOUTHOLD BOARD OF TOWN. TRUSTEES PERMIT NO. . . 644.. __ , . . 8 Stakes #261 Pursuant to the provisions of Chapter 615 of the Laws of 1593 of the.State :.of New York; Chapter 404 of the Laws of.1952 of the State of New York;the pro- visions of an ordinance entitled"Southold Town Ordinance Regulating the Placing of Obstructions in and.on Town Waters and Public Lands, and the Removal of Sand,Gravel or other Materials from Lands under Town Waters", and in accord- ance with the resolution of the Board of Trustees of the Town of Southold adopted at a meeting of said Board on ?ay 3,..1971 and in consid- eration of the..sum of$. .39.00 ,lawful money of the United States, paid by Aeftevl&oa ftAgl0.4,.Rpbi>Mfi[ng at. Nauglaa Dr..._..MatCitaek. . ..New York, the said Board of Trustees of the Town'of Southold, Suffolk County, New York, hereby authorized and permits, said,cenen#,eve;Ma49loa:$flbin491Tu build e�saall. walkvay..and floats, fio .ft, by,30 ft., 4 ft, by 6 ft., With 8 pili.tiga, at Nuttitpok ;geek, directly north of ,ChOatbers:bmundary. line, "uglos Drive. *ttituck, Now York, all' in Acicotd*noe-with the applipation sul mnpjtssfl". The said .Genevieve. auglec.Robinson -,.as part of the consideration for the issuance of this permit does hereby release the said Board of Trustees and the Townof.Southold from any and all damages,.claims for damages or suits that may arise oroccurdirectly or indirectly as a.result of any operation carried on under and pursuant to this permit,and will at his own expense defend any and all suits which maybe brought by third parties, as a.result of any operation carried on pursuant to or.in accordance with the terms of this permit; and assume full liability with respect thereto to the complete exclusion of said Board of Trustees and the Town of Southold. THIS:PERMIT is subject to the following terms and conditions: L That there shall be no unreasonable interference with navigation as a result of the work herein authorized. 2. That there shall be no interference with the right of the public to pass and repass,along that portion of the beach between low and high watermark. 3. That the work shall be subject to the supervision and approval of the said Board of Trustees or its agents. 4. That if future operations of the Town of Southold require the removal and/or alteration in thelocation of the work herein authorized, or if, in the opinion of the Board of Trustees of the Town of Southold, such work shall cause un- reasonable obstruction to free navigation, the said Genevieve Naugle. Robi eo will.be required upon due notice from the said Board of Trustees, to remove or alter the location of the work hereby authorized without expense to the Town of Southold,so as to render navigation reasonably free and unobstruct- ed. E The authority conferred by this permit may be terminated by the Board of Trustees for a failure on the part of the said...OgFke 10ve. NBugles..310b1(18on.................. to comply with the terms and conditions herein .imposed. In the event of such termination, this permit shall be deemed revoked five(5) days after the date when the Board of Trustees shall mail to the said .... ................. at the address given in his application, o certified copy of a resolution of the.Board of Trustees directing such termination. IN WITNESS WHEREOF, the sold Board of Trustees of the Town of Southold has caused its corporate seal to be hereunto affixed and these presents to be subscribed by a majority of the said.Board of Trustees, the day and year above written.( seal ...... fr:4.5..` ^.a4!R(..(L S.) .............. .... ...........................(L. S.) P —66 J' (/ ..... ........ (L SJ STATE OF NEW YORK ) v SS: COUNTY OF SUFFOLK ) :. .: ON THIS .....7th...... day of ........ Jus®................................1921., before me oersonally'appeored. Alvah B, Goldsmith, Southold, N.Y., John McNulty, Laurel, N.Y., George Simpson, Greenport, N.Y., Frank Dawson, Nes Suffolk, N.Y., and Douglas Robertson, Orient,. N.Y all personally known to me, who, being by me duly sworn, severally said that they each resided in the Town of Southold, County of Suffolk, State of New York, and were members of the Board of Trustees of said Town of Southold and constituted a majority of the some; that they knew the corporate seal of said Town of Southold; that the seal affixed to the foregoing instrument was such corporate seal; that it was so affixed thereunto by order of the Board of Trustees of said Town of Southold and that each one signed his name thereto as a Trustee and by like order. ��J N ary FILED.met /9// JUDITH T. BOKEN fl/% / Nohry Vuphc,Sbh of Hey York 5].-03yC%3.SvMolk County - &o.missioo Exnfru Math 30,W73 FORM X0. 1 TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES ] � � TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Exammed ........I.�........... ........... 19 ..... . Application No. .................. Approved !.Cl. c3...1 .... ...... ......... Permit No. .... ........... ........ Disapproved alc �.. .(�yj .... ..... ...... .... . ....... . Akfil ..... chairman,Board of Trustees LtG 6 APPN FOR PERMIT INSTRUCTIONS A. This application to be completely filled in by typewriter or in ink and submitted to the Town Trustees in dup- licate. B. Plot plan showing location of lot and;buildings on premises, relation to adjoining premises, public streets, parks, etc.,and giving 4gtailed'description of p'rbposed layout of project must be drawn on diagram which is part of this application. C. The work covered by this application-may not be commenced before the issuance of a permit. D. Upon approval.of this application, Town Trustees will issue a permit to applicant. Such permit shall be kept on the premisesand available for inspection at all times. E.Applicant shall',.notify the.Board of Trustees upon completion of the work covered by permit. APPLICATION IS HEREBY MADE to the Board of Trustees of the Town of Southold, Suffolk County, New York,for the issuance of a permit pursuant to.the laws,Ordinances and regulations governing construction of: docks, piers,bulkheads, jettys and dredging in, under, and over the waters of Town of Southold. The applicant agrees to comply with all..applicable laws, ordinances,regulations and conditions specified by said trustees, and to hold the Town of.Southold,and all Townyf ficials free,from liabiti" and damages of any kind. -. Name of Owner of.Premises'....SEN E///t-0 .... #!Glp P'S xo�j/l� S,!',!�!,,,,,,- Street Address of Property .......�A �F-S ,1//2/Uz „. .................... Home Address If Other Than Location 4�Xy _, ,,,,,, ... ... ....y� /✓! ........... U. �i Creek,Bay or Harbor Fronting Property ...:.!!/�..�!�.u:GF.... ................................ Permits RequestedTo: .. 5 i /�LjALt/3/......FCO<3TS ................ . Size of Pr posed Work Length Width I Heighth Above High Water ....fYON!D°�TPl/ E. / Yards to Be Excavated ..Depth Below LowAaterVAverage Rise In Tide .. fF44! . , Width of Can ],Cneek or Bay Fronting Property . . Fn....T.. Depth at Low Tide I Is This pate Business e ' Area Zoning Complete lot be d reverse dee oftapplication. . ! !.�!r?u✓'. — (Till J STATE OF NEW YO K ) )S.S. COUNTY OF ) . being duly sworn deposes and says that he is the applicant for the above described permit, and that all statis contained herein are true to the best of his knowledge and belief; that the work will be done in the mann set forth in the application and asapproved by the Board of Trustees of the Town of Southold, and the applicant agrees to hold the Town of Southold and said trustees harmless and free from any and all damages and claims arising under or by virtue of said permit. ^ (applicant) //— � Sworn to before me this ... ..{�....s.. . day of ... ....✓.......... 19. � 1/ !�!! Notary public ......% ........ ......... County of ... IFI M3ISL M WINIAaZ 1p uTAAX PMLIC Stats of�sen "a SZ-MM pnrMd in 91rtoMc Camp a.^,L 1,»Mo,F 30. ,t72 f I i - PLAN VIEW DETAIL Eaa MATTITNGK CREEL FLoeo (w!4+6 30o+') _ 6--•----//S I--1r P/LINES AREA To B I'lA/NTENAN�F 12•*X�, 0"*,:&0 re e' AITLow /44A) 20 333 to 1,lEwouda r o RA)4e L I • PRe ei60 f R�TAiNI,r• yA" t LPErERSEN PAblaRTT• ^ Z SPOIL 6e PLA cBo NERF 'p o fi y.,CONiINeQ� d FHC -�y/rM eb/ERro FILL Ai N4a060' TO � 1 a ti �.. wljee '�JeINi P MSao. X,wAL RAoJefe' .q.•j. W ? Rq g Y N ,a;y[AVAL16A fReP. AdOWE A140. 'i o a -Y ON TNF N•U. � N s 0 3 2 ..........................•.• o m Us OXISTWe STe RAaa' A r V) 2 SNLD Tb Gr RAISOo J(„ C � C w :- CRo55• SECTroN TrrRu PRo PO SED RE7A/N/N4 A U ALL OWN T. '04i0 6INO AREA Te so P/LLEoP4eleito CAryAL& E�rj4FTIN6 P'/L/A6 f Pear. Lc ra' 6AgOE B i WHA"RS PA*op.CEO RGTAW/NbDIc,Aes F16ER ELAS SNRATNiNy AREA re eF is+• •. - -H0912ONTAL SALE /"-moo' 9n' —► VERTICAL Sc ALE I" /o' PETERSEN TUU/NG CORP. Ar EN-GNsycrggrt, ZNc. I' SNR ET a•f2 I�II�Ba i � L.Lvs �• f 4 f, % O. �: ..t._... SVFFOL, ?s N/yfTRoht.. f i rN13T/Ni LIN! 7 Df PrL/NOSt 7 CATLlALK too 0.40fh fF"ff V P h :';i'" 1 t' Afth n Os Ots"sf To B'Of<ov MYN' o kIACL PRoPosEO � \ y i J 6 !A ''. PK.P.fto(3J n'fxv:hL/Ncs *T bW,J/ FOLI41TIS5 1L. .ltd. -PRoPoseO MA/drENAXCE-OifiOG/AG, r DATYM: MLI✓ PYItPOSE: ZMptouC 4•A6/40- AHO PIGNOS CATNAL c RETAlArAva UALIL I ONLOAOINF OP COAnt4UAL • i. SOATf AND 6AtsE SjPtt WNT OROS/ON {e.. PETERStN TOW/N6 CORP. AOJACtNT O✓Ni4d PRa POSED R ¢: A. sefEPH CAVALIER ETA/N/N6• WARL {+I 6. G.Ro Gm s6A- GENBV/aVG' (t661.456N �4 C. fl. PI4ELEAAN6Y •T M.ATTIT a t, 7VFFoL!'.Cey N.y ' D. N. PETeRttN eA- Mq TT/TV[K CREG E' ia.,,. � EN^�oN SOLTANTt,ING . New York State Departlent of Environmental Conservation Division of Environmental Permits, Region One Am Q Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 • FAX: (631)444-0360 v Website: www.dec.state.ny.us - April 29, 2009 Leonard Vito Sessa 555 Northern Boulevard Great Neck, NY 11021 Re: Permit#1-4738-03335/00003 - _ _ _ s Dear Mr. Sessa: In conformance with the requirements of the State Uniform Procedures Act(Article 70, ECL) and its implementing regulations (6NYCRR,Part 62 1)we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions,please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, 4ark Carrara Deputy Permit Administrator cc: Ace Inc. BMHP file NEW Y TATE DEPARTMENT OF ENVIRONMENTAL*ERVATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-03335/00003 Aril 29, 2009 FACILITY/PROGRAM NUMBER(S) PERMIT EVIRATION DATE(S) Under the Environmental Conservation Law April 28,2014 TYPE OF PERMIT■New ❑Renewal ❑Modification❑Permit to Construct ❑Permit to Operate ❑Article 15,Title 5:Protection of Waters Cl Article 17,Titles 7,8:SPDES ❑ Article 27,Title 9; 6NYCRR 373: 13Article 15,Title 15:Water Supply ❑ Article 19:Air Pollution Control Hazardous Waste Management ❑ Article 34:Coastal Erosion ❑ Article 15,Tide 15:Water Transport ❑ Article 23,Title 27:Mined Land Management Reclamation ❑ Article 15,Title 15:Long Island Wells ❑ Article 36:Floodplain Management 13 Article 24:Freshwater Wetlands ❑ Article 15,Tide 27: Wild,Scenic and ❑ Articles 1,3, 17, 19, 27,37;6NYCRR Recreational Rivers ■Article 25:Tidal Wetlands 380:Radiation Control ❑6NYCRR 608:Water Quality Certifica- ❑ Article 27,Tide 7; 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Leonard Vito Sessa 516-487-7900 ADDRESS OF PERMITTEE 555 Northern Boulevard, Great Neck, N11021 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER John Morena,Ace Inc.,288 Shore Drive,Oakdale,NY 11769 631-807-0300 NAME AND ADDRESS OF PROJECT/FACILITY Sessa Pro 1505/1525 Nau els Road, Mattituck COUNTY TOWN WETLAND# NYTM COORDINATES Suffolk Southold Mattituck Creek E: N: DESCRIPTION OF AUTHORIZED ACTIVITY: Construct 30 feet of bulkhead and two 20 foot returns, and construct a ataIk, ramp and float. All work shall be done in accordance with the attached plans stamped NYSDEC approved on April 29, 2009. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this ermH DEPUTY PERMIT ADMINISTRATOR: ADDRESS Region 1 Headquarters, SUNY @ Stony Brook,50 Circle Road, ABrook,Mark Carrara 11790-3409 AUTHORIZED SIGNATURE DATEApril 29, 2009pa e N RK STATE DEPARTMENT OF ENVIRONMENTAL CONS ION SPECIAL CONDITIONS I . excess material from construction of this project shall be completely removed from the 1pennitted an approved upland area for disposal. No debris is permitted in tidal wetlands or pro e no disturbance to vegetated tidal wetlands or protected buffer areas as a result of t 3. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75'linear feet from the tidal wetland boundary. 4. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales/silt curtains(or other NYSDEC approved devices)placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 5. If seeding is impracticable due to the time of year,a temporary mulch shall be applied and final seeding performed at the earliest opportunity when weather favors germination and growth, but not more than six months after project completion. 6. All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. 7. The authorized seawall shall not extend beyond property lines,interfere with navigation,and/or interfere with other landowners riparian rights. 8. Prior to any construction or removal of bulkheads or other shoreline stabilization structures, all backfill must be excavated landward of the structure and retained so as not to enter the waterway, tidal wetlands or protected buffer areas. 9. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into tidal wetland or protected buffer area. 10. The use of wood treated with pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. DEC PERMIT NUMBER 14738-03335/00003 Page 2 of 5 NE&K STATE DEPARTMENT OF ENVIRONMENTAL CONS&TION SPECIAL CONDITIONS 11. Floats and ramps may not rest on or be stored in any vegetated tidal wetlands. 12. No dredging,excavating or other alteration of the shoreline or underwater areas is authorized by this permit,nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 13. No permanent structures shall be installed on docks/catwalks/floats without first obtaining written Department approval (permit, modification or amendment). 14. Docks/catwalks/floats shall not a) extend laterally beyond property lines, b) be placed so that docked vessels extend laterally over property lines, c)interfere with navigation, d) interfere with other landowner's riparian rights. 15. Pilings shall not a)extend laterally beyond property lines,b)be placed so that docked vessels extend laterally over property lines, c)interfere with navigation,d)interfere with other landowner's riparian rights. 16. No structures,other than structures specifically authorized by this permit,shall be constructed on pilings without further authorization from the Department(permit, modification or amendment). DEC PERMIT NUMBER 1-4738-03335/00003 Page 3o 55 N ORK STATE DEPARTMENT OF ENVIRONMENTAL CONS TION KATION OF OTHER PERMITTEE OBLI ONS Fcompliance ermittee Accepts Legal Responsibility and Agrees to Indemnification ee,excepting state or federal agencies,expressly agrees to indemnify and hold harmless the Department of Environmental Conservation New York,its representatives,employees,and agents("DEC")for all claims,suits,actions,and damages,to the extent attributable e's acts or omissions in connection with,or operation and maintenance of,the facility or facilities authorized by the permit whether or not in compliance with the terms and conditions ofthe permit. This indemnification does not extend to any claims,suits,actions, oramages to the extent attributable to DEC's own negligent or intentional acts or omissions,or to any claims,suits,or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors,employees,agents and assigns of their responsibility to comply with this permit,including all special conditions while acting as the permittee's agent with respect to the permitted activities,and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals,lands,easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the pertnittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title,or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility,including relevant records,is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit,including all referenced maps,drawings and special conditions,must be available for inspection by the Department at all times at the project site or facility.Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms,conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification or transfer of this permit.Such application must include any forms or supplemental information the Department requires.Any renewal,modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System(SPDES), Hazardous Waste Management Facilities(HWMF),major Air Pollution Control(APC)and Solid Waste Management Facilities(SWMF); b) 30 days before expiration of all other permit types. - Submission of applications for permit renewal or modification are to be submitted to: Regional Permit Administrator,SUNY @Stony Brook, 50 Circle Road,Stony Brook,NY 11790-3409 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify,suspend or revoke this permit in accordance with 6NYCRRPart 62L The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; C) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,anyprovisions ofthe Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER 1-4 738-03335/00003 Page4 of 5 ORK STATE DEPARTMENT OF ENVIRONMENTAL CON&TION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(TITLE 5),24,25,34 AND 6NYCRR PART 608 (TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein F1. n authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State,or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall, without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State ofNew York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments,fuels,solvents,lubricants,epoxy coatings,paints,concrete,leachate or any other environmen- tally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly,without leaving large refuse piles,ridges across or along the bed of a waterway or floodplain,deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303,306 and 307 of the Clean Water Act of 1977(PL 95-217)provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Ace Inc last revised on 4/5/2009 DEC PERMIT NUMBER 1-4738-03335/00003 Page 5 of 5 �i SITE PLAN APPROVT'11 AS 1't131 TFRMf AND CO>;!V f:c'>a OF PGRN111o.� -033.3Swcc�� DATE Westerly Owner Distance to opposite side greater than 300' NYSDEC,Reg. I SUNY S.C.T.M 1000-994-9 D Existing Neighboring Structures G • Existing TX 16' ramp, two 20'X 6' 0 floats and associated float piles T` n Existing 40'X 4' pier m m Existing 30' retaining wall - —� -- Existing 3'X 4' 130'— d' .5' S.5'fi' 6.5• -T. -., RIGHT OF WAY beach access stairs - - - -- -- b• -2' N,y ----- - ---- -- - G C DIRT . , . SR \ xisting of Southerly Neighbor Neighboring • S.C.T.M 1000-994-189 110 .Structures Mr.McEleainey 9Q v 1 0 1550 Naugles Rd. Matt@uck,NY 11952 Proposed Activities: 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. ACE Inc. Job Site: Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist 1505/1525 Naugles Road of(18)6"X 20'pier pilings,landward of the low water line and(4)8"X 20'pier pilings seaward of 288 Shore Drive the low water line. Oakdale, NY 11769 Mattituck, NY 11952 2. Replace existing 16'X 3'ramp with an 18'X 3'ramp and replace in place two existing 20'X 6 boats secured by(4)10"X 35' float pilings. 631-807-0300 3. Install(8)10"mooring pilings. Leonard Vito SeSsa 4. Replace in place existing 30'wood retaining wall. 555 Northern Blvd. 5.Replace existing 10'return with a 20'retum. Great Neck, NY 11021 6.Install one new 20'return. 7.Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4'set of Prepared, 04/05/09 Machinery beach access stairs to westerly side of pier. REV Access barge and land S.C.T.M.#1000-99-4-9.2.17&27 03 By ACE Inc., J. Morena SCALE 1"c 40' DatumMean Lowwater SHEET 1 OF 3 PROJECT PLAN ONE NProposed Activities Existing 3 Proposed, install a 40'X 4' vinyl grated deck Neighborin D pier extension landward of the existing pier. Structures '�4 i C Proposed re replace p e and elevate 2' an existing �- 40'X 4' pier with 40'X 4' vinyl grated deck n pier Proposed 30' retaining wall replacement M B. N P wroposed 20' returns _- 130' $s -- Proposed, install (8) 10"X 35' mooring pilings _ _ Proposed, replace two existing 20'X 6' RIGHT OFWAY -� IN _ -� floats secured by (4) 10" X 35' float pilings - -- --- - - ---- Proposed, replace an existing 16'X Tramp with a 18'X Tramp Proposed two TX 4' beach access stairs 0 P.. I Existing Ap 1 Neighboring Distance to opposite side greater than 300' �o Structures 1y Proposed Activities: 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Job Site: Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to ACE Inc. consist of(18)6"X 20'pier pilings,landward of the low water line and(4)8"X 20'pier pilings 288 Shore Drive 1505/1525 Naugles Road seaward of the low water line. Mattituck, NY 11952 2. Replace existing 16'X Tramp with an 18'X 3'ramp and replace in place two existing 20'X 6' Oakdale, NY 11769 floats secured by(4)10"X 35' float pilings. ADDlicant. 3. Install(8)10"mooring pilings. 631-807-0300 Leonard Vito Sessa 4. Replace in place existing 30'wood retaining wall. 555 Northern Blvd. 5.Replace existing 10'return with a 20'return. 6. Install one new 20'retum. Great Neck, NY 11021 7.Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4'set of Prepared, 04/05/09 Machinery baach access stairs to westerly side of pier. Access by REV bar a and land S.C.T.M.#1000-99-4-9.2.17&27 03 By ACE Inc., J. Morena SCALE 1"=40' Datam:Mean Lm Water SHEET 20F3 Proposed replace and elevate CROSS-VIEW 2'an existing 40'X 4' pier with a 40'X 4' vinyl grated deck pier \ 129'_0" Proposed two 3'X 4' beach access stairs P posed, replace an existing 16' X 3' ra p with a 18'X 3' ramp 40'-0" 40,-0„ i% P posed, replace two existing Proposed, install a \ e isting 20'X 6'floats secured by �0'X 4' vinyl �� / (4 10"X35' float pilings ated deck pier %' /� extension landward �� , � P posed, install (8) 10"X 35' of the existing pier. �`�� m oring pilings - _—Ebverior,Mexisrup p' _ _ � iV — — — — ApHW- - — — — ApLW– � o 01 Proposed 20' returns i {185 X20' pterptttns Bottom Proposed 30' retaining wall replacement pier pilings • (4) 10"X 35' float pilings Proposed Activities: I. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier ACE Inc. Job Site; piles to consist of(18)6"X 20'pier pilings, landward of the low water line and(4)8"X 20 1505/1525 N8U91BS Road pier pilings seaward of the low water line. 288 Shore Drive Mattituck, NY 11952 2. Replace existing 16'X 3'ramp with an 18'X Tramp and replace in place two existing Oakdale, NY 11769 20'X 6'floats secured by(4)10"X 35' float pilings. ADDIicaM: 3. Install(8)10"mooring pilings. 631-807-0300 Leonard Vito Sessa 4. Replace in place existing 30'wood retaining wall. 5.Replace existing 10'return with a 20'return. 555 Northern Blvd. 6. Install one new 20'retum. Great Neck, NY 11021 7.Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4' Prepared, 04/055/09 Machinery set of beach access stairs to westerly side of pier. Akxzss by REV bar a and land S.C.T.M. #1000-99-4-9.2.17&27 03 By ACE Inc., J. Morena SCALE 1"=40' DaWm Mean Low Wate SHEET 30F3 ;fed ff�._- ' R � . g b�t,.TpRf ". +x,_ ��,M � ;xY� •..+�. ., ..,,.... i; . i 1 EP TME i. ' �gTaAfi xK"ri>••NM :. •a SS�peu. .. YYY+1'a�tvh�Q4 3� Nu2rY+ '• a " xY **F•ewz ,}, ,¢f OM= � r ,�,ar :I� fi if o 'na X, e z Y e 3a I^ ^'��p "'•'i� d�e"'d�'' �Y t < • �'.�'^' xs� . as .� hc 4 � r 4Ta` �sL 'zR�ay y,b ti" v'�yfi v � 4. y+.iA•34r��is„ t� �+u f�r p' - T v P�!.y S% b i*A 'S $ y a X x x,.'it" r E S ' p`.,"F^.rf i'`tff �+ t sl" rat, i"' y+'4 +Yx s: I' i' me :• x p, Ryrs . ' ' �# "atTn�@ 3++th k C '' '.�•t r4C' ttL'�'° b @ < 3" ?h, �i4 `w''" } 2 uTss)M p, 4��`00 w ra'lY 3 e vl%Y (#/ Jlz3 s�b3�w�+ A y j y x aw �y,1 JF l/y(�/��f(��]V��M� ee b L n V44 'i°'.'uP tT r +^'s <bvGn` � `aj' •3 '^ iK4 ;y,�' V ' Y FI.Ye�t Y'9•t+� 6 iAli S FFAM 2*Ji1h1, J` '�7 -V'M 9.': � x V }Army 4 r -_MO_f�2181n ow Y11, DI$tnCt�etnUt ppllCatl -4+G17alp{.j{�yri �# .� t q,�M p•4' F d's�,,+t'X{rq n r +fix. F ireplace 3 a an etsttn 40 a^ A t{.y'fi$ xSyz ,}� �ar ttvR zy ':rt+ r ^'� q"^ Oyu Yv`'rp� �O' Jr.re � �"° �yoat�WI +m,�'*�'t'aDd tCps1Ce GPI�2,�2 7[G' a s associatOd flea P l°iisfall(8� 2:moarmg „ Rxtend tandWard to the bulkhead sn additi0na140' &rated deck peer ,Rep (ip�30'wood refaitring t Reptace lot retutri with a 20' Wa2ll� w 4 RCpIaCC 3 X 4'�1CdC)•1 aCCCS3a8talr3 An eaSterlf'side N A Of pier and add(1)X x 4'set of beach sits to , 4 ;' � { , ;�� = ' � °,,"westerl}+side ofpicr ,77777777- � Mattituck CreeTown Of SodthoId, Suflol oC"` unty .a'Tw .tx � 5 �r,nn .r � b�� .�- £ar""�..5�i •'�' � .�� z _ Dear Mr,Morena The Depar[ment of State received your Federal Consistency Assessment Form and consistench certification and supporting information for this proposal on July 12,2007. y The Iaeparanent of State has determined that this proposal meets the D u concurrence criteria. Therefore, further review of the eparhnent's general consistency the Department's concurrence with an individual Consistency certification or thee propothe sned tt of �l',�are not required. This General Concurrence is without prejudice to and does not obviate the need to obtain all other applicable licenses,permits, Other forms of authorization or existing State statutes. approval that may be required pursuant to WWW.009.S7ATE.NY.1,1111 E-MAIL:INP00005.8TATE.NY.US " b8/Z8 3JGd 00SSg (INV DNI 30C t8LBtbZIE9 .. •;. ' , •I� :Leorwid Sessa OcWbPaget r22,2007 • • Page 2 When communicating with usregarding this ma file#F-2007.0600. tter,please contact us at(518)474-6000 and refer to our Sincerely. �14tie Supervisor of Consistency Review ]Division of Coastal Resources ]7ldc cc: COE/New York District-Michael Vissichelli DEC/Region 1 -John Pavacic Town of Southold WRP-Mark Terry b0/E0 3�JtJd 00SSV QNV ONI 30V " " bBLBbbZIE9 b0: OZ LGIA7/ha irr • DEPARTMENT OF THE ARMY NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.JA FEDERAL BUILDING 1'I NEW YORKRK,,N.Y.70278-0090 � �D/7 to REPLY TO ATTENTION OF: Regulatory Branch-Eastern Permits Section Bkpg® SUBJECT: Permit Application Number NAN-2007-00971-ETA by Leonard Vito Sessa Leonard Vito Sessa 555 Northern Blvd. Great Neck, NY 11021 Dear Mr. Sessa: We have completed our review of Application Number NAN-2007- 00971-ETA. Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) , you are hereby authorized by the Secretary of the Army: ACTIVITY: Install a 4-foot-wide by 40-foot-long fixed pier extension; install (2) 3-foot-wide by 4-foot-long beach access stairs; and install (8) eight mooring piles . Under authority of the Department of the Army Nationwide General Permit Number 3, replace, in-place and (2) two feet higher, 4-foot-wide by 40-foot-long fixed pier; replace a 3-foot-wide by 18-foot-long walk-ramp; and replace (2) two 6-foot-wide by 20-foot-long floats, secured by pilings . All work shall be done in accordance with the attached plans, subject to Special Conditions 1 through 2 , which are hereby made part of this permit . WATERWAY: Mattituck Creek LOCATION: Town of Southold, Suffolk County, New York The activity authorized herein must be completed within three years of the date of this permit . This authorization is subject to the enclosed conditions . Please find enclosed two forms to be used to submit to this office, as required, the dates of commencement and completion for the authorized activity. Please note that this verification is based on a preliminary jurisdictional determination (JD) . A preliminary JD is not appealable. If you wish, prior to commencement of the authorized work you may request an approved JD, which may be appealed, by contacting the New York District, U. S . Army Corps of Engineers for further instruction. To assist you in this decision and address any questions you may have on the differences between 0 0 If any questions should arise concerning this matter, please contact Frank Tangorra, of my staff, at (917) 790-8521 . Sincerely, ' "inbl 01" . "John R. Boule Colonel, U. S . Army District Engineer Enclosures CF: Ace Inc . 288 Shore Drive Oakdale, NY 11769 3 preliminary and approved jurisdictional determinations, please review U.S. Army Corps of Engineers Regulatory Guidance Letter No. 08-02, which can be found at : http: //www.usace.ara-mil/CECW/Documents/cecwo/re /r is/r 108 02 df This letter contains an initial proffered permit for your activity. If you object to this permit decision because of certain terms and conditions therein, you may request that the permit be modified accordingly under Corps regulations at 33 CFR 331 . Enclosed you will find a combined Notification of Appeal Process (NAP) and Request for Appeal (RFA) form. If you object to this permit decision you must submit a completed RFA form to the New York District Office at : Richard L. Tomer Chief, Regulatory Branch New York District Corps of Engineers 26 Federal Plaza, Room 1937 New York, New York 10278-0090 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331 . 5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submNaVaJIORM form, it must be received at the above address by It is not necessary to submit an RFA form to the District Office if you do not object to the permit decision in this letter. The authorized activity must be performed in accordance with the enclosed plans . If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted to the District Engineer. These plans must receive the approval required by law before work begins. Notice is hereby given that the permittee should recognize that a possibility exists that the structures permitted herein may be subject to wavewash from passing vessels . The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structures permitted herein and the safety of boats moored thereto from damage by wavewash and the permittee shall not hold the United States liable for any such damage . 2 �i SITE PLAN 46 Distance to opposite side greater than 300' Westerly Owner NYSDEC,Reg. I SUNY 3 S.C.T.M 1000-99-4-9 D Ex,sti NIJe, ng e�yhtoring Structures C Existing TX 16' ramp, yles ,I n floats and associated fl Cl) Existing 40'X4*pier m Existing 30' retaining w - - ---- - - ---- --- - -- Existing 3'X 4' .5' .5. b' b.5' -T RIGHT OF WAY beach access stairs - - - - - - N ---- c BGG -- DIRT ROAD FSR _ IsItingg 0.9 Southerly Neighbor A-� 1 � Neighbon S.C.T.M 1000-99A-189 p0 11 1 Structures Mr.McEleainey 9Q 1 Y o ,WN— a 0 �_ /�� "7 ' _ �` 1550 Naugles Rd. ` ' I Matt@uck, NY 11952 Proposed Activities 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. [631-807-0300 CE Inc. Job Site, Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist 1505/1525 Naugles Road of(18)6"X 20'pier pilings, landward of the low water line and(4)8"X 20'pier pilings seaward of88 Shore Drive the low water line. Mattituck, NY 11952 2. Replace existing 16'X 3'ramp with an 18'X Tramp and replace in place two existing 20'X 6' Oakdale, NY 11769 goplicant floats secured by(4) 10"X 35' float pilings. 3. Install(8)10^mooring pilings. Leonard Vito Sessa 4. Replace in place existing 30'wood retaining wall. 555 Northern Blvd. 5.Replace existing 10'return with a 20'return. Great Neck, NY 11021 6. Install one new 20'return. 7.Replace existing 3'X 4'beach access stairs on easterly side of pier and add one 3'X 4'set of Prepared, 04/05/09 :Access hinery REV beach access stairs to westerly side of pier. by:I S.C.T.M.# 1000 99 4 9.2.17 8 27 03band land By ACE Inc., J. MorenaI SCALE 1"=AN I na. PROJECT PLAN ONE NProposed Activities Existing Proposed, install a 40' X 4' vinyl grated deck 3 pier extension landward of the existing Neighborin y g pier. Structures CProposed replace and elevate 2' an existing � 40' X 4' pier with 40' X 4' vinyl grated deck pier M Proposed 30' retaining wall replacement I11 • s' _ --r- 7% 130'—�� t Proposed, install (8) 10" X 35' mooring pilings Proposed 20' returns 5s -r .g Proposed, replace two existing 20' X 6' --------- - - ----- - floats secured by (4) 10"X 35' float pilings RIGHT OF WAY a Proposed, replace an existing 16'X 3' ramp \ with a 18'X 3' ramp \ Proposed two TX 4' beach access stairs \ 1 0 p� Existing "p0 I Neighkorirjg Distance to opposite side greater than 300' va Structures \ 1y 0 S Proposed Activities: ' ` ' "1t ` p 7 --7/, F-p^ 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. /�r Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to AC E I nc. Job Site: consist of(18)6"X 20'pier pilings,landward of the low water line and(4)a"X 20'pier pilings 288 Shore Drive 1505/1525 Na1195 Road seaward of the low water line. Mattituck, NY 11952 2. Replace existing 16'X Tramp with an 18'X Tramp and replace in place two existing 20'X 6' Oakdale, NY 11769 floats secured by(4)10"X 35' float pilings. Applicant, 3. Install(8)10•mooring pilings. 631-807-0300 Leonard Vito Sessa 4. Replace in place existing 30'wood retaining wall. 555 Northern Blvd. 5.Replace existing 10'return with a 20'return. Great Neck, NY 11021 6.Install one new 20'return. 7.Replace existing XX 4'beach access stairs on easterly side of pier and add one XX 4'set of Prepared, 04/05/09 Machinery REV beach access stairs to westerly side of pier. Access by S.C.T.M.#1000.99-4-9.2.17&27 03 bare and land By ACE Inc., J. Morena SCALE 1•=An' I Do,. ..___ CROSS-VIEW Proposed replace and elevate 2' an existing 40'X 4' pier with a 40'X 4' vinyl grated deck pier 129'-0' Proposed two TX 4' beach access stairs Pr posed, replace an existing 16'X 3' ra p with a 18' X 3' ramp 40'-0- 40'-0" P posed, replace two existing Proposed, install a e sting 20'X 6' floats secured by 40' X4' vinyl (4 10"X 35' float pilings grated deck pier extension landward P posed, install (8) 10"X 35' of the existing pier, m oring pilings - - --Elevation of exulilgp y_ — — — - -ApHW- i — - - - - ApLW- - e a .z r• s• -ss• .6. a Proposed 20' returns Bottom (18}8 X20' Ixw rg�r[gs Proposed 30' retaining (4) 8"X 20' • wall replacement pier pilings (4) 10"X 35float pilings Proposed Activities: Nrf r y- ,2 610 '7- O U 7/ _ 7-#q 1. Replace l place and elevate 2'an existing 40'X 4'pier with 40•X 4'vinyl grated deck !�- !'7 pier. Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier ACE Inc. Job Site: piles to consist of(18)6"X 20'pier pilings,landward of the low water line and(4)8"X 20' 288 Shore Drive 1505/1525 Naugles Road pier pilings seaward of the low water line. Mattltuck, NY 11952 2. Replace existing 16'X 3'ramp with an 18'X 3'ramp and replace in place two existing Oakdale, NY 11769 20'X 6'floats secured by(4)10"X 35' float pilings. A licant: 3. Install(8)to•'mooring pilings. 631-807-0300 Leonard Vito Sessa 4. Replace in place existing 30'wood retaining wall. 555 Northem Blvd. 5.Replace existing 10'return with a 20'return. Grea Great Neck 6.Install one new 20'return. , NY 11021 7.Replace existing TX 4'beach access stairs on easterly side of pier and add one TX 4' Prepared, 04/05/09 Machinery REV set of beach access stairs to westerly side of pier. Access by S.C.T.M.#1000-99-4-9.2.17 B 27 03 bare and land By ACE Inc., J. Morena scaE V=40' 1 Datum:Maan t vua _ __ x � r k ✓ I , b ; " IS L N D Ni=ll � ov �- po9 � � ESA 4eel4� PARK t" a• IfRR .d E F� • N 1r l AA I# V z" nu' ^ AA RO P y CAPTAIN KID ESTATES g�g OR h 9W°P � y V � v N AqRff Pa RA Ave t � y so D )pE' MATTITUCK ojj"i � 27 a F Y pN• Mue P fi 11r�J u m • nn r aT�"M LON° ISLNNDS c { .�----------------La ul'¢t ..,r f. <•• PROP) ,, - - YS. . t.A PWY� (�, Ln 0 CD N.AREAATION , CA P� r oce L°Ne IscnND �.,.. m\Gi L A U R E L " • !° IRS M.O cfM. P.S. 26 .rte f' �AO�c n2 V'�s � MeffilucN a 1 •,..-) 4 CATNOVC ° P0. OAUGKrEPS • OF AMERICA 1 �lSf 4 NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant:Leonard Vito Sessa File Number: NAN-2007-00971-ETA Date: SEP 3 Q 2M Attached is: See Section Below T INITIAL PROFFERED PERMIT(Standard Permit or Letter of Permission) A PROFFERED PERMIT(Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http.,//usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. -ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit, including its terms and conditions,and approved jurisdictional determinations(JD)associated with the permit. -OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section B of this form and return the form to the New York District Engineer. Your objections must be received by the New York District Engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the New York District Engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the New York District Engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT:You may accept or appeal the permit. -ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit, including its terms and conditions,and approved jurisdictional determinations associated with the permit. -APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer,ATTN:CENAD-ET-O,Fort Hamilton Military Community,Building 301, General Lee Avenue,Brooklyn,NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer,ATTN:CENAD-ET-O,Fort Hamilton Military Community,Building 301,General Lee Avenue,Brooklyn,NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new info ration. 5 *ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. -APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section R of this form and sending the form to the division engineer. This form must be received by the North Atlantic Division Engineer within 60 days of the date of this notice with a copy furnished to the New York District Engineer. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed),by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you If you only have questions regarding the appeal process you may contact: may also contact: Richard L.Tomer James W.Haggerty,Regulatory Appeals Review Officer U.S.Army Corps of Engineers,New York District North Atlantic Division,U.S.Army Engineer Division Jacob K.Javits Federal Building Fort Hamilton Military Community New York,NY 10278-0090 General Lee Avenue,Building 301 (917)790-8510 Brooklyn,NY 11252-6700 (718)765-7150 E-mail: James.W.Haggerty@nad02.usace.army.mil rRIGHT ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants, investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site on,and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. 6 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM 'stab BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): August 14, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Leonard Vito Sessa, 555 Northern Blvd., Great Neck. New York 11021 C. DISTRICT OFFICE, FILE NAME, AND NUMBER:CENAN-OP-RE, Leonard Vito Sessa, NAN-2007-00971-ETA D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 1505/1525 Naugels Road (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:New York County/parish/borough: Suffolk City: Mattituck Center coordinates of site (lat/long in degree decimal format): Lat. 40.99875°N, Long. -72.54515°W. Universal Transverse Mercator: Name of nearest waterbody: Mattituck Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: linear feet: width (ft) and/or 0.1 acres. Cowardin Class: Traditional Navigable Waters Stream Flow: Marine Wetlands: 0 acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Mattituck Creek Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: August 14, 2009 ❑ Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to 1 request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization,and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed.pursuant to 33 C.F.R. Part 331, and that in any administrative appeal,jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply -checked items should be included in case file and, where checked and requested, appropriately reference sources below): 2 ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corps and should not be relied upon for later jurisdictional determinations Signature an to of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) 3 DEPARTMENT OF THE ARMY Il NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.JAVITS FEDERAL BUILDING NEW YORK,N.Y.10278-0090 REPLYTO ATTENTION OF: CENAN-OP-RH IMPORTANT This letter must be completed and mailed to the Harbor Supervision & Compliance Section at the above address prior to commencement of any work authorized under the permit. Permittee: Leonard Vito Sessa Permit No. NAN-2007-00971 Date Permit Issued: Expiration Date: SEP 3 A 2012 Waterway: Mattituck Creek City & State: Southold, New York Work will commence on or about: Name, Address & Telephone Number of Contractor: Signature of Permittee Date Fold this form into thirds, with the bottom third facing Outward. Tape it together and mail to the address below or FAX to (212) 264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090 DEPARTMENT OF THE ARMY NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.JAVITS FEDERAL BUILDING NEW YORK,N.Y.10278-0090 REPLYTO ATTENTION OF: CENAN-OP-RH IMPORTANT This letter must be completed and mailed to the Harbor Supervision & Compliance Section at the above address following completion or cancellation of work authorized under the permit. Permittee': Leonard Vito Sessa Permit No. NAN-2007-00971 Date Permit Issued: SEP 3 0 Zoog Expiration Date: REP�3 0 20 Waterway: Mattituck Creek City & State: Southold, New York Check and complete applicable item(s) listed below: Work was completed on Work will not be performed on the project. Deviation from work authorized in permit is explained below. Other (explain) For dredging projects, list the volume of material dredged, and the amount placed at each disposal location (if more than one) . cubic yards placed at cubic yards placed at cubic yards placed at Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090 PERMITTER: Leonard Vito Sessa PSRMIT:NO. s NAN-20077-00971 SEP 30 PERMIT CONDITIONS: NOTE: The; term "you" and its derivatives, as used in this permit means the permittee or any future transferee. The term "this office"'' refers to- the appropriate district or division office of the Corps ofµ._,,,, Engineers, havin jurisdiction-over-the"permitted`activity'or . ., having_ appropriate official of that office acting under the authority of the. commanding officer. GENERAL CONDITIONS: 1. The time limit for completing the work authorized ends within three years of the date of this permit. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least four months before the date is reached. 2 . You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party upon written notification to this office. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3 . If you discover any previously unknown historic or archeological remains while accomplishing the activity,authorized.by-this permit, - - you must immediately notify this office of what you have found. we will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places . 4 . You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit . Special Conditions: 1) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the 4 PERMITTEE: Leonard Vito Sessa PERMIT NO. : NAN-2007-00971 Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. This authorization is conditional on the applicant's receipt of the required coastal zone management concurrence or waiver from New York State department of State (NYSDOS) . No work may be accomplished until the required approval from NYSDOS has been obtained. Further Information: 1 . Limits of authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. C. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 2 . Limits to Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes . b. Damages to the permitted project or uses thereof as result of current or future activities undertaken by or on behalf of the United States in the public interest . C. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit . d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 5 PERMITTEE: Leonard Vito Sessa PERMIT NO. : NAN-2007-00971 3 . Reliance on Applicants Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4 . Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 3 above) . C. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325 . 7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326 .5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209. 170) accomplish the corrective measures by contract or otherwise and bill you for the cost . S. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit . Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit . 6 J •J , 4 ✓ -N- J 't 5 s�. O y4 J O9 rp S dy n r aq • /q a p nM♦ / ,art O,b .°�� C > = r .� • sem" S ac / + r ILL © E m SQII1gLU sEciox xo CWNTY OF SIIFFOIJ( E Ren rrweh IaE serrke MAY 099 E �. _ —�— n loll . 2 _• _ __ W,11�M,I,WeI tlW e West view North M �•��. .I. . a .. `i •��. �.an. .. .._ � `—u..- •.,. , West view East view �e South view West view is ' ACE Inc. Jobite: 1505/1525 Naugels Road 288 Shore Drive Mattituck, NY 11952 Oakdale, NY 11769 631-807-0300 Applicant: Leonard Vito Sessa 555 Northern Blvd. Great Neck, NY 11021 Date of photo's, 05/06/09 Machinery Access by Rev barge and land S.C.T.M.#1000-99-4-9.2.17&27 01 By ACE Inc., J. Morena eatum:Mean Low Wats SHEET Photo Sheet ACE Inc. John J. Morena 288 Shore Drive, Oakdale,NY 11769 Cell 631-807-0300 Fax 631-244-8784 December 17, 2009 James F. King, President Southold Town Hall PO Box 1179 Southold, New York, 11971-0959 RE: SCTM #1000-99-4-9.2.17 & 27 Permit Application for Leonard Vito Sessa, 555 Northern Blvd., Great Neck,NY 11021 Site: 1505/1525 Naugels Road, Mattituck, NY 11952 Clerk of Town Trustees: Please find three copies of our Client's project plans. They reflect changes as per your the Trustees meetig on 12/16/09 which Mr. Colefield attended. The new proposed activities are detailed in our project plans. If there are any further changes needed, please contact, Mr. Colefield , at 631-375-4534. gJMorena v, C. CM 70081820000016813089 0 James F.King,President ��of sooryo Town Hall Annex Jill M.Doherty,Vice-President 54375 Main Road P.O.Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen H Bob Ghosio,Jr. �� Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 20, 2009 Mr. Clay Colefield ACE, Inc. 288 Shore Dr. Oakdale, NY 11769 RE: LEONARD VITO SESSA 1505/1525 NAUGLES RD., MATTITUCK SCTM#99-4-27.1 Dear Mr. Colefield: In response to your request at the Wetland Permit hearing held on Wed., November 18, 2009, enclosed is a copy of Chapter 275-Wetlands & Shoreline of the Southold Town Code. Specific sections of the Code that relate to your project have been highlighted and flagged as concerns of our Board. As a reminder, the Board of Trustees will be inspecting the property on Wed., December 3, 2009 and request the seaward end the floating dock be staked. Please feel free to contact our office with any questions. Very truly yours, o� ' Jam F. King, Presic t Board of Trustees JFK:Ims OFFICE LOCATION: oOF so MAILING MAILING ADDRESS: Town Hall Annex Q P.O. Box 1179 54375 State Route 25 * Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 l • A Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 17, 2009 Re: Proposed Wetland Permit for LEONARD VITO SESSA SCTM#1000-99-4-27.1 ACE Inc. on behalf of LEONARD VITO SESSA requests a Wetland Permit to replace in-place and elevate 2' an existing 4'X 40' pier with 4'X 40' vinyl grated pier; extend landward to the bulkhead an additional 4'X 40' vinyl grated deck pier secured by 6" dia. pilings landward of the low water line and (4) 8" dia. pilings seaward of the low water line; replace existing TX 16' ramp with a TX 18' ramp and replace in place two existing 6'X 20' floats secured by (4) 10" pilings; install (8) 10" mooring pilings; replace in-place existing 30' wood retaining wall; replace existing 10' return with a 20' return; install one new 20' return; replace existing TX 4' beach access stairs on easterly side of pier and add one TX 4' set of beach access stairs to westerly side of pier. Located: 1505/1525 Naugles Rd., Mattituck. SCTM#99-4-27.1 The subject property is split zoned R-40 and MII and is currently in residential use. The dock structure is located on the MII zoned portion of the property. 44- m-cY i �3�i,3 5?• M : E � f R�3 r -: ®aa,e uaaor.i AnSal rs npnprq nn w;"7�,�,mre�a:nx The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP. 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 action proposes to the replacement of (2) 20x6 floats for a total square footage of 360 square feet. Chapter 275, Wetlands and Shorelines permits only one float with a maximum square footage of 180 square feet. § 275-11 Construction and operation standards. (c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [Amended 12-18-2007 by L.L. No. 23-2007] Further the applicant has not demonstrated to the Board that the proposed action complies with 275-11. C (2) Docks outlined below. 275-11. C. (d) Docks (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel tragic or vessel congestion; The area where the dock structure is proposed, is subject to high use by large commercial vessels. The plans fail to show the dock in relation to navigation and mooring of such vessels. [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. 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 0 James F.King,President ��a SU(/jyo - Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A.Dickerson lrt P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen H Bob Ghosio,Jr. i%�� Telephone(631)765-1892 COUrrtv Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application _"Wetland Permit Application _Administrative Permit _Amendment/Transfer/Extension �eceived Application: 10 1.)a1t3 fCo- led Fee:$ mpleted Application Q - _Incomplete _SEQRA Classification: Type I—Type 11 Unlisted_ -/CAC sent) /CAC Referral Sent �a[e of Inspection: t _Receipt of CAC Report: i! _Lead Agency Determination: `_ �J Technical Review: �ublic Hearing Held: I Resolution: — 1wacloL Name of Applicant Leonard Vito Sessa Address 555 Northern Blvd.Great Neck,NY 11021 Phone Number:( ) 516- �4Br1 r,yo� arl Suffolk County Tax Map Number: 1000 - 99-4-sal Property Location:150511525 Naugles Road Maailuck,NY 119522 (provide LILCO Pole #, distance to cross streets, and location) AGENT:ACE Inc., J.Morena hA(o u(va-jnty n f& p moui (If applicable) Address:288 Shore Drive Oakdale,NY 11769 631-807-03001d V Phone:631-807-0300 J P `e` 3\ON Board of Trustees Application GENERAL DATA Land Area(in square feet):moth of an acre Area Zoning: Residential Previous use of property:Residential Intended use of property:Residential Prior permits/approvals for site improvements: Agency Date DEC #1-4738-03335/00003 04/29/09 ACOE NAN-2007-0006 10/22/07 NYSDOS F-2007-0006 10/22/07 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: NA Project Description (use attachments if necessary): 1. Replace in place and elevate Tan existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist of(18)6"X 20' pier pilings,landward of the low water line and(4)8"X 20'pier pilings seaward of the low water line. 2. Replace existing 16'X Tramp with an 18'X 3'ramp and replace in place two existing 20'X 6'floats secured by(4)10"X 35' float pilings. 3. Install(8)10"mooring pilings. 4. Replace in place existing 30'wood retaining wall. 5.Replace existing 10'return with a 20'return. 6.Install one new 20'return. 7.Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4'set of beach access stairs to westerly side of pier. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist of(18)6"X 20' pier pilings,landward of the low waterline and(4)8"X 20'pier pilings seaward of the low waterline.2. Replace existing 16'X 3'ramp with an 18'X Tramp and replace in place two existing 20'X 6'floats secured by(4)10"X 35' float pilings. 3. Install(8)10"mooring pilings.4. Replace in place existing 30'wood retaining wall,5.Replace existing 10'return with a 20'return.6.Install one new 20'return.7.Replace existing 3'X 4'beach access stairs on easterly side of pier and add one 3'X 4'set of beach access stairs to westerly side of pier. Area of wetlands on lot: tooth of an aver square feet Percent coverage of lot:02.00^i % Closest distance between nearest existing structure and upland edge of wetlands: 30 feet feet Closest distance between nearest proposed structure and upland edge of wetlands: zero feet Does the project involve excavation or filling? ✓ No Yes If yes, how much material will be excavated?NA cubic yards How much material will be filled? NA cubic yards Depth of which material will be removed or deposited:NA feet Proposed slope throughout the area of operations: NA Manner in which material will be removed or deposited: Material will be truck off site to Town land fill. 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): Existing tidal wetlands will be enhanced by this project. The proposed replacement prier will remove existing navigational obstruction from navigable water. •Board of Trustees Applicat• COASTAL EROSION APPLICATION DATA Purposes of proposed activity: To replace and enhance existing structure to comform to all Town,state and Federal regulations Are wetlands present within 100 feet of the proposed activity? No ✓ Yes Does the project involve excavation or filling? ✓ No Yes If Yes, how much material will be excavated?NA (cubic yards) How much material will be filled? NA (cubic yards) Manner in which material will be removed or deposited: AJA Discarded material with be contain and removed by roll off. Roll off will be taken to town recycle area Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) There will be no environmental impacts by the proposed replacement of this structure is replace pier The replace pier will act to stabilize tate wetlands by remove the non-functional prier and float structures from the wetland shoreline. The proposed structure is needed to maintain wetland vegetated communities which are currently impacted by the non-functional structures. • sUFF04 • �s James F. King,President Town Hall,53095 Main Rd. Jill M. Doherty,Vice-President r. T P.O. Box 1179 Peggy A. Dickerson Southold,NY 11971 Dave Bergen �0 s Telephone(631)765-1892 Bob Ghosio,Jr. 1 41 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of LEONARD VITO SESSA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at/dba t�j 'E,� RJF- being duly sworn, depose and say: That op thc&.O day of 2009, I personally posted t e proper,ty known as kINL%S RISA Eft, Mh 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 t t>blic hearing. Date of hearing noted thereon to be held Wed. November 18 2009 on t 6:00 PM. Dated: Q 6'7-Z%5,e6Z- Z 9) 200 (si atur Sworn to before me this Z� lay W0 7, 200 /Nota Public hR.,;n �Y'forR r ,r ZDID NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, • Southold, New York, concerning this property. OWNER(S) OF RECORD: J eonarj u (t, 5Mc, SUB I F CT n P P H R t_I C HEARING- To replace in-place and elevate 2'an existing 4'X 40' pier with 4'X 40'vinyl grated pier;extend landward to the bulkhead an additional 4'X 40'vinyl grated deck pier secured by 6"dia.pilings landward of the low water line and(4)8"dia.pilings seaward of the low water line;replace existing 3'X 16'ram with a 3'X 18'r 20'floats secured by(4)10"pilings,install 8 10 moorm i p amp and replace n place two existing 0' O 9 Pilings;replace in-place existing 30'wood retaining wall;replace existing 10'return with o return; install one new 20'return replace 9 20' p ace existin 3'X 4' beach beach access stairs one aster) side of i westerly side of pier. Y pier and add one 3'X 4'set of beach access stairs W TIME & DATE OF PUBLIC HEARING: • hied, C1A��rnlo�r �g, �9 -o+nor ai�,,�t,4 �O;bbP11'`1 . If you have an interest in this you s,ect projare invited to view the Town file I y 11 which are available for inspection rior to the day of the hearing during normal business days between the hours of a.m and 4 p m BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 PROJECT PLAN ONE N Proposed Activities Proposed, install a 40' X 4' vinyl grated deck 3 pier extension landward of the existing pier. N t C Proposed replace and elevate 2' an existing � 40' X 4' pier with 40' X 4' vinyl grated deck 0 pier Proposed 30' retaining wall replacement -- 130' Proposed, install (8) 10" X 35' mooring pilings �--- Proposed 20' returns 4 .5, _5.5 e' $5' ___ -- "- I Proposed, replace two existing 20' X 6' floats secured by (4) 10" X 35' float pilings RIGHT OF WAY Proposed, replace an existing 16' X 3' ramp with a 18'X 3' ramp Proposed two TX 4' beach access stairs � 1 p ��stii'a N Distance to opposite side greater than 300' Proposed Activities: \\\\ 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. ACE I nC. Job Site: Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to 1505/1525 Naugles Road consist of It 8)6"x 20'pier pilings,landward of the low water line and(4)8"X 20'pier pilings 288 Shore Drive Mattituck, NY 11952 seaward of the low water line. Oakdale, NY 11769 2. Replace existing 16'X 3'ramp with an 18'X Tramp and replace in place two existing 20'X 6' licant' floats secured by(4)10"x 35' float pilings. 631-807-0300 Leonard Vito Sessa 3. Install(8)10"mooring pilings. 555 Northern Blvd. 4. Replace in place existing 30'wood retaining wall. Great Neck, NY 11021 5.Replace existing 10'return with a 20'return. 6.Install one new20'retum. Machinery REV 7. Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4'set of Prepared, 02/17/09 Access by S.C.T.M.#1000-99-4-9.2.17&27 03 beach access stairs to westerly side of pier. bare and land By ACE Inc., J. Morena SCALE V=40' DaWn~Lo Z:r SHEET 2 OF 3 •oard of Trustees Applicata• AUTHORIZATION (where the applicant is not the owner) l Leonard Vito Sessa residing at 555 Northern Blvd.Great Neck,NY 11021 (print owner of property) (mailing address) do hereby authorize ACE Inc., J. Morena (Agent) to apply for permit(s)from the Southold B rd of w T e on my behalf. ( wne s sig ure) Board of Trustees Application County of Suffolk State of New York Leonard Vita Sessa BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND.THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF G NTED. COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRU EES EIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY OPE Y ECT THE PREMISES IN CONJUNCTION WITH REVI OFT P ION. ignature � SWORN TO BEFORE ME THIS _DAY OF G cfi ,20� Notary Public CORT S.ZINK Notary Public, State of New York No. O1ZI6057791 Qualified in N�a��tttLau Cyyy''�uuunty Expires: 7N a7oll " NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES,TOWN OF SOUTHOLD In//the matter of applicant: 4 eon t/.f'o 9e s.sa SCTM# YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: 1. Replace in place ars!elevate 7 an mislirp a X f pier with 47 X f vkryl grated Eatli pier. EserM Irdmard b the Wkh"d an additional 40 X/'vN gralad deck pier. Plar piths to consist of(18)0'X 20'pier pilings.IarMwre of the be wMer fns and(4)r X 28'per pi fts seswrE of the Iva wMer Ina 2. Replay evehg18X8'rampwshmilrX7ramp"rpbpnplanlwo Yisgng2QX8'lbalasemnd Dy(4)10'X35'tloalpilings. & nslstl(8)10'moving pilkgs. 4. Rplaa n plop esisgry W wocd retsinkp was S.Replan esWng W rokorn witha M realm 8.Instal oro new 20'rehm. 7.Replace esia8rg 3 X f beach access Mks on eas"sib of pier rM ab w 7 X f set of beach access Maks b"start,$ib of per. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: /605 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: 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: L eo-h te-1 Uztet fesscz MAILING ADDRESS: SS V0 a441a.h n la(ad A9cc4C Vy 110,21 PHONE#: �z 4 o0 Enc: Copy of sketch or plan showing proposal for your convenience. PROJECT ID NUMBER 617.200 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME Leonard Vito Sessa Leonard Vito Sessa 3.PROJECT LOCATION: T. of Southold Suffolk Municipality County 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map 1505/1525 Naugels Road, Mattituck, NY 11952 5.IS PROPOSED ACTION: r71 New Expansion 0 Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: : 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist of(18)6"X 20'pier pilings, landward of the low water line and(4)8"X 20'pier pilings seaward of the low water line. 2. Replace existing 16'X Tramp with an 18'X 3'ramp and replace in place two existing 20'X 6'floats secured by(4) 10"X 35' float pilings. 3. Install (8)10" mooring pilings. 4. Replace in place existing 30'wood retaining wall. 5. Replace existing 10'return with a 20'return. 6. Install one new 20'return. 7. Replace existing 3'X 4'beach access stairs on easterly side of pier and add one 3'X 4'set of beach access stairs to westerly side of pier. 7.AMOUNT OF LAND AFFECTED: Initially 1/10th acres Ultimately 1/10th acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑✓ Yes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ❑✓ Residential ❑Industrial El Commercial Agriculture E]Park/Forest/Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) OYes F-1NoIf yes, list agency name and permit / approval: ACOEs, DOS, Town of Southold 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes F-1NoIf yes, list agency name and permit / approval: 12. SA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es ✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name ACE Inc., John Morena Date:October 15,2009 Signature If the action is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. O Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negafive declaration may be superseded by another involved agency. El Yes [:]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, polemist for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly: L. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? If yes,explain briefly: Yes ❑No 17ff�' OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es ex Iain: ❑No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural);(b)probability of occurring;(c)duration; (d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CFA. E-1Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name of liesponsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead gency Signature of Preparer(If different from respons-0 e o icer) 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 Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 99--04—.017 &27 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑✓ Board of Trustees +J 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: 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist of(18)6'X 20'pier pilings,landward of the low waterline and(4)W X 20'pier pilings seaward of the low waterline. 2. Replace existing 16'X 3'ramp with an 18'X 3'ramp and replace in place two existing 20'X 6'floats secured by(4)10'X 35' float pilings. 3. Install(8)10'moodng pilings. 4. Replace in place existing 30'wood retaining wall. 5.Replace existing IT return with a 20'retum. 6.Install one new 20-return. 7.Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4'set of beach access stairs to westerly side of pier. Location of action: 1505/1525 Naugles Road Mattituck, NY 119522 Site acreage: 1 ac Present land use:Residential Present zoning classification: A 1 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:Leonard Vito Sessa (b) Mailing address: 555 Northern Blvd. Great Neck, NY 11021 (c) Telephone number:Area Code 1(516)478-7900 (d) Application number, if any: NA Will the action be directly undertaken, require funding,or approval by a state or federal agency? Yes ❑ No Z If yes, which state or federal agency? 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 E] No 0 (Not Applicable- please explain) This site is an existing private boating access area and is in keeping with the already establish use of the area. 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 El Yes C No rJ;;�� (Not Applicable— please explain) There are no preserved and/or historic resources at or near this site. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town ofSouthold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Q✓ Yes —1 No ❑✓ (Not Applicable—please explain) This proposed project will restore deteriorating existing structures, i.e. existing pier, ramp and floats. pier landward extension will eliminate foot traffic from the vegetated wetlands. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes —1 No 11 (Not Applicable—please explain) Replacement pier structure will enhance the shoreline. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria El Yes ❑ No 0 (Not Applicable—please explain) Proposed pier has no effect on ground water. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. C Yes 0 No[] (Not Applicable—please explain) Proposed pier pilings will provide a stable structure for marine lift to attach to. This will provide a niche for coastal fish and wildlife to feed from. Attach additional sheets ifnecessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes Z No❑ (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes E/I No ❑ (Not Applicable—please explain) 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. ❑ YeZ No D (Not Applicable—please explain) There is no need for public access to this site because public access can be accomplished at the DEC marina to the north. Attach additional sheets it 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. ❑ Yes ❑ No ❑ (Not Applicable—please explain) This projectis not new and seeks to replac an existing structure. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable—please explain The project will promote the recreational use of the marine resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes 0 No❑ Not Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable—please explain ACE Inc. John J. Morena 288 Shore Drive, Oakdale,NY 11769 Cell 631-807-0300 Fax 631-244-8784 October 21, 2009 James F. King, President Southold Town Hall i PO Box 1179 1 Southold,New York, 11971-099 RE: SCTM #1000-99-4-9.2.17 & 27 New Permit Application for Leonard Vito Sessa, 555 Northern Blvd., Great Neck,NY 11021 Site: 1505/1525 Naugels Road, Mattituck,NY 11952 Clerk of Town Trustees: Please find a completed permit application package, one copy for the building Department and three copies for the Town trustees. Mr. Sessa is applying for permission to replace his existing wooden Pier. The proposed activities are detailed in the project plans which ares appended to the permit application package. The installation of the new pier will commence once the permit is granted and will take no longer than two weeks; weather permitting. The old wooden pier will be removed and stored in a roll-off container till transported to an approved land fill site. No excavation or fill will be needed to install the new pier. The neighboring properties were observed to have a commercial manna, a piers and bulkheads. No significant vegetated tidal wetlands were observed at or near the project site. Bottom sampling concluded that shellfish and algae beds were not present at or near the project area. Reinstallation of the pier will provide needed protection of the minor vegetated wetland species observed in the area above the spring high water. Installation of this structure will greatly enhance the appearance and nature of this location. Sic lv, A nc. J. J. orena CM 70081830000410568290 C31fED _S[�E PLAN r DARD OF TRU 3-1 L 0-' OF SOUTK Distance to opposite side greater than 300' -` • Westerly property owner 7 NYSDEC, Reg. I SUNY 3 S.C.T.M 1000-99-4-9 Existing ...� -- Neighboring ..{ Structures C Existing TX 16' ramp, two 20'X 6' floats and associated float piles n A Existing 40' X 4' pier � Existing 30' retaining wall 1 -— _ — 130'— Existing 3' X 4' 2 �. 5' 6 -6' -6.5' _7. beach access stairs b _ RIGHTOFWAY - - - . _ - --�- - -- N,9G _ -- - - --- - -- - - - - - - private Driveway \ G'� o xisting FS n� Neighboring RO Southerly Neighbor *P0 Structures .qO S.C.T.M 1000-994-189 ` -P o Mr.McEleainey Proposed Activities: 1550 Naugles Rd. 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Mattiluck,NY 11952 Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist of(18)4"X 4"X 20'pier pilings, landward of the low water line and(6)8"X 20'pier pilings Job Site: seaward of the low water line. ACE Inc. 1505/1525Naugles Road 2. Replace existing 16'X 3'ramp with an 28'X Tramp and replace in place one existing 20'X 6' 288 Shore Drive float secured by(4) 10"X 40' float pilings. Mattituck, NY 11952 3. Install(8)10"X 40'mooring pilings. Oakdale, NY 11769 4. Replace in place existing 30'wood retaining wall. Applicant: 5.Replace existing 10'return with a 20'return. 631-807-0300 Leonard Vito Sessa 6. Install one new 20'return. 555 Northern Blvd. 7. Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4'set of Great Neck, NY 11021 beach access stairs to westerly side of pier. 8. Pier to be equipped with utilities. Machinery REV 9. Remnant concrete slab to be removed to an approved landfill and area landward of bulkhead Prepared, 12/18/09 Access by S.C.T.M.# 1000-99-4-9.2.17 8 27 T3 to be cleared of debris. barge and land 10. Area seaward of bulkhead 27'X 48'will be planted with Iva frutescens(Marsh Elder);one foot on center. By ACE Inc., J. Morena SCALE 1"=40' Datum Mean Low Water SHEET 1 OF 3 N PROJECT PLAN ONE Proposed Activities Proposed, install a 40' X 4' vinyl grated deck Existing pier extension landward of the existing pier Neighborin Structures —k C Proposed replace and elevate 2' an existing f1 27' X 48' planting area 40' X 4' pier with 40' X 4' vinyl grated deck DEC structure pro)ection�� pier Remnant concrete slab to be m ............. removed l aa-DEC-Mof�tY N�re\" �. Proposed 20' return � Proposed, install (8) 10" X 40' mooring pilings s z Proposed 30. ret-alnirrgwall- z Proposed, replace one existing 20' X 6' replacementlacement r floats secured by 4) 10' X 40' float pilings 122' .� — - - -- - - -- - - - RIGHT -- - - line clearance rt RIGHT OF WAY 80"- -. -- I 10'property--" \ � - Proposed.. replace an existing 3' X 16' ramp - -Replace existing 10' with a 3' X 28' ramp return with a 20' return Proposed two 3' X 4' beach access stairs Existing A� ` ➢ 9 Distance to opposite side greater than 300' Neighboring c 1\� Structures Proposed Activities: 1. Replace in place and elevate 2'an existing 40'X 4'p r with 40'X 4'vi I grated deck Rier. Extend landward to the bulkhead an additional 40'X 4'vin I grated deck pie Pier piles to consist of(18)4"X 4"X 20'pier pilings,landward of the low water line and(6)8"X 20'pier pilings seaward of the low water line. Job Site: 2. Replace existing 16'X 3'ramp with an 28'X 3'ramp and replace in place one existing 20'X 6' ACE Inc. 1505/1525 Naugles Road float secured by(4) 10"x 40' goat pilings. 288 Shore Drive Mattituck, NY 11952 3. Install(8)1o"x4o'mooringpilings. Oakdale. NY 11769 4. Replace in place existing 30'wood retaining wall. Applicant; 5.Replace existing 10'return with a 20'return. 631-807-0300 Leonard Vito Sessa 6. Install one new 20'return. 555 Northern Blvd. 7. Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4'set of Great Neck, NY 11021 beach access stairs to westerly side of pier. 8. Pier to be equipped with utilities. Machinery REV 9. Remnant concrete slab to be removed to an approved landfill and area landward of bulkhead Prepared, 12/18/09 Access by to be cleared of debris. S.C.T.M.# 1000-99-4-9.2.17&27 T 3 bar e and land foo Area seaward of bulkhead 27'X 48'will be planted with Iva frutescens(Marsh Elder);one B ACE Inc., J. Morena SCALE Darurn Mean Low water foot on center. Y 1"=40' SHEET 2 OF 3 CROSS-VIEW Proposed replace and elevate 2' an existing 40' X 4' pier with a 40' X 4' vinyl grated deck pier Proposed two 3' X 4' beach access stairs Proposed, replace an existing 16' X 3' Proposed install a 40' X 4' ramp with a 28' X 3' ramp vinyl grated deck pier extension landward of the existing pier Proposed, replace two existing ao'-o" ao'-o^ existing 20' X 6' floats with one 6' 27' X 48' will be planted X 20' float secured by (4) 10" X 40'with Iva frutescens float pilings Concrete slab to be Proposed, install (8) 10' X 40' removed mooring pilings v o 74Q DEC STRUCTURE PROJECTIO I V - g $E,I a444^',*W existing pier -- — ApHVJ– f �, 111 !',;Y CS� as CRAFT — - 122'PIER BFLOATPROJECTII - — — — ApLW- o !Y 7 2' 4' -5 -55' 6.5' Proposed 20' returns 18 '?� 20 plat :i Bottom pflrrls 6)'g„ X 20 Proposed 30' retaining pier pilings wall replacement Proposed Activities (4) 10" X40' float pilings 1. Replace in place and elevate 2'an existing 40'X 4'pier with 40'X 4'vinyl grated deck pier. Extend landward to the bulkhead an additional 40'X 4'vinyl grated deck pier. Pier piles to consist of(18)4"X 4"X 20'pier pilings, landward of the low water line and(6)8"X 20'pier pilings seaward of the low waterline. ,lob Site: 2. Replace existing 16'X Tramp with an 28'X 3'ramp and replace in place one existing ACE Inc. 20'X 6'Float secured by(4)10"x 40' Float pilings. 1505/1525 Naugles Road 3. Install(8)10"X 40'mooring pilings. 288 Shore Drive Mattituck, NY 11952 4. Replace in place existing 30'wood retaining wall. Oakdale, NY 11769 A Ipp icant: 5. Replace existing 10'return with a 20'return. 6. Install one new 20'return. 631-807-0300 Leonard Vito Sessa 7. Replace existing TX 4'beach access stairs on easterly side of pier and add one 3'X 4' 555 Northern Blvd. set of beach access stairs to westerly side of pier. Great Neck, NY 11021 8.Pier to be equipped with utilities. 9. Remnant concrete slab to be removed to an approved landfill and area landward of Prepared, 12/18/09 Machinery REV bulkhead to be cleared of debris. P Access by S.C.T.M.# 1000-99-4-9.2.17&27 T3 10. Area seaward of bulkhead 27'X 48'will be planted with Iva frutescens(Marsh Elder); barge and land one foot on center. BY ACE Inc., J. Morella SCALE 1"=40' Datum Mean Low Water SREET 3 OF 3 SURVEY OF PROPERTY SITUATED AT NOF AI TUCK TOWN C' SUFFOLK COUNTY, NEW YORK L, S.C. TAX No. 1000-99-04-9.2 '9 C� 1000-99-04-17 1000-99-04-27 SCALE 1 =30' I C 2 ZQ�J I,aJ 4A zD• AUGUSTTE2n.. 2004 l OCT j .. 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ANDS ON ON HIS EH LFTHE TO THE P VI F. r ,/ {Y TITLE COMPANY, GOVERNMENTAL AGENCY ANO KAR A K,O 'J OWF'L1/F ^IL11 LENDING NE IN ASSIGNEES HLENDING G INSTI- p E1Az^WA TUOTION. CERTFICATIONS ARE NOT TRANSFERAB ,,AFB yp "Go WELL G THE EXISTENCE OF RIGHTS OF WAY �iJA GWEEE P DS ANY/NOTEASEMSHOWNOT EN TARE FRECORD, GUARANTEEI SPIN pP PR/DWNDS WRI WELL,* LyN G UM STANDARDS FOR TPREPARED IN TRLEASURVEYS AS ESTABNCE WITH THE LISHED GWp,L-ALN BY THE LI ATS, AND APPROVED AND ADOPTED Nathan Taft Corwin GN�o/F NIDI S FOR SUCH USE BY THE NEW YORK STATE FIBI IDpg ONE^ �P'CE�PF EO rOLand Surveyor WELL-p y zPa °R� PIT 1 Title Surveys - Subdivisions - Site Plans - Construction La, PHONE (631)727-2090 Fox (631)727-17 i O wEa A p 30407 _(G' OFFICES LOCATED MAILING 1931' /` FO(,qqp SUP 322 Roanoke Avenueue P0. Boxx 19 o, 50467 Riverhead, New York 11901 Riverhead, New York 119