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HomeMy WebLinkAboutTR-7227Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 20,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Shawn M. Barron Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: lAN McKAY 560 SUNSET AVENUE, MATTITUCK SCTM# 115-3-2.1 Dear Mr. Barron: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, January 20, 2010 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of lAN McKAY 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 December 9, 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 Policy 6, 6.3 & 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a 15' non-turf buffer to be installed and maintained at the base of the slope contiguous of the shoreline, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 20, 2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of lAN McKAY for the existing 4'x13.5' timber catwalk, 3'x2.7' steps, and a 208 square foot brick patio, with the condition of a 15' non-turf buffer to be installed and maintained at the base of the slope contiguous of the shoreline, and as depicted on the survey prepared by Peconic Surveyors, P.C. last dated February 1, 2010, and received on February 5, 2010. 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: $182.00 Very truly yours, ~ent, Board of Trustees JMD/eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY t 1971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOV~N 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 Pm-construction, hay bale line 1st day of construction ~ constructed Project complete, compliance inspection. BOARD OF SO.HOLD TOWN TRUSTEES SOUTHOLD, NEW YORK p~T NO. 7227 DATE: JANUARY 20, 2010 issUED TO: 1AN McKAY PROPERTY ADDRESS: 560 SUNSET AVENUE~ MATTITUC SC~TM# 115-3-2.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or chaPter I 11 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 January 20, 2010, and in consideration Of application fee in the sum of $250.00 paid by lan McKa¥ and subject 16th~ T~rms and COnditions as stated ia the ResolUtion, the Southold Town Board of TrUstees authorizes and permits the following: Wetland Permit for the existing 4'x13.5' timber catwalk, 3'x2.7' steps, and a 208 square foot brick patio, with the condition of a 15' non-turf buffer to be installed and m~nt~ined at the :base of theslope contiguous of the shoreline, and as depicted on the survey prepared by Peconic Surveyors, P.C. last dated February 1, 2010, and received on February 5, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Ian McKay, residing at 560 Sunset Avenue, Mattituck, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittec assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittec wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Pernfit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President Jam~s F~ King, Vice-President Dave Bergen Bob Ghosio, Jr. Jolm Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated "~-~C.~'~IOP~ 9, C-.~OO(~ has been rev'ewed by th's Board at the regular meeting of._.Wo~,~,.~ ~O'. ~/Oand your application has been approved pending the completion ~ the'following items checked off below. ~ Revised Plans for proposed project I~ ~o~- ~c~ ~ __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) ~ Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 Per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is comPuted below according to the sChedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: "Dock.- l'x ll% qqs . TOTALFEES DUE:$ BY: Jill M. Doherty, President Board of Trustees Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 13, 2010, the following recommendation was made: Moved by Peter Young, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of lAN McKAY for the existing 4'X 13.5' timber catwalk, 3'X 2.7' steps, and a 208 sq.ft, brick patio. Located: 560 Sunset Ave., Mattituck. SCTM#115-3-2.1 Inspected by: Peter Young The CAC Supports the application with the Condition a non-turf buffer no less than 15' is installed at the base of the slope contiguous of the shoreline. Vote of Council: Ayes: All Motion Carried James F. King, Jill M. Dohe~ty Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O. Box 1179 Southold~NY 11971 Telephnne(631) 765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: lAN McKAY requests a Wetland Permit for the existing 4'X 13.5' timber catwalk, 3'X 2.7' steps, and a 208 sq.ft, brick patio. Located: 560 Sunset Ave., Mattituck. SCTM#115-3-2.1 ~twf area to be impacted: ater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: (//C~apt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion ~Amendment ~Administrative__Emergency Pre-Submission __Violation Info needed: / Modifications: Present Were: __&King v'"J.-~J.Doherty __ D. Dzenkowski __.other Form filled out in the field by __D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: FZLE NOTES (For Office Use Only) bATE & 'tN'rTl:AL5 'NEW YORK STATE DEpARTME~OF ENVIRONMENTAL CONSERVATION In the Matter of the Violation of the New York State Environmental Conservation Law ("ECL") Articles 15, end/or 24 end Titles 1 lend/or 23 of Article 71, Part 663 of Title 6 of the Official Compilation of Codes, Rules end Regulations of State of New York ("6NYCRR") by: R~spondent lAN MCKAY ORDER ON CONSENT FILE NO. R1 - (Suffolk County) '~'HEREAS, Article 25, Title 4, of the New York State Environmental Conservation Law, (Tidal Wetlands Ac0 prohibits conducting any regulated activities on or adjacent to any tidal wetland without the requisite permit, or in noncomplience with the requisite permit; and ~I~REA~, Ax6cle 15, Title 27 of the New York State Environmental Conservation Law,(Wild, Scenic and Recreational Rivers) prohibits conducting any regulated activities within the corridor of rivers so designated,without the requisite permit, or in noncompliance with the requisite permit; and WHEREAS, Article 24 of the New York State Environmental Conservation Law, (Freshwater Wetlands Act) prohibits enndueting any regulated activities on or adjacent to regulated freshwater wetlands without the requisite permit, or in noncompliance with the requisite permit; and WHEREAS, the Department of Environmental Conservation (DEC) has documented a violation of said statutes, specifically Section 24-0701.Section Part 663.4 , in that Respondent(s) caused and/or permiiled to be cansed, the construction of a patio end clearing of vegetation within the adjacent area to a NYS regulated freshwater wetland without benefit of a permit from the NYSDEC. This is a violation of the Environmental Conservation Law (ECL) at your prop~ly located at 560 Sun~et Avenue, Maffituck, NY. VqHIgREAS, Respondent(s) has/have affirmatively waived Ms/her/its/their right to a public hearing in this matter in the manner provided by law and having consented to the entering and issuing of this Order, agree(s) to be bound by the terms and conditions contained herei~ 1 of 5 IT IS HEREBY ORD~t to tho applicable provisions of the EC~d/or Rules and Regularions, that: I. With respect to the aforesaid violation(s), there is hereby imposed upon Respondent(s), a penalty in the sum of 9n~- thonsanti, five-hundred ($1.500.00~ Dollars, of which .five-hundred ($$00.001 Dollers shall be made payable by ~ or. money order to the iSYS Depatlment of Environmental Conservsflon upon the si?lng of this Order and the remai~i,_o one- tho~and ~$1.000.001 Dollars to be suspended provided Respondent(s) strictly adhere(s) to the terms and conditions outlined in this Order, including Schedule A, the compliance schedule attached hereto and made part hereof. H. Respondent(s) shall conduct all regulated freshwater wetland acriviries in slrict conformance with Federal, New Y6rk State laws and regnlarions. For the purpose of insuring compliance with this Order, duly authorized ~rives of this Department shall be permitted access to Respondent's place ofbnsiness durin~ reasonable hours, in order to inspect and/or require such tests as may be deemed necessary to determine the status of Respondent's compliance herewith. rll. Respondent(s) sh~ll indemnity and h01d harmless thc Department, the State of New York, and their tepresentarives and employees for all claims, suits, actions, damages and coSts of every nsme and descrlprion arising out of or resulring from ~e f~lflllment of attempted fidfillmenI of this Order by l~rpondent and its successors (including successors in rifle) and assigns. IV. Upon completion of all obliga, rions created in this.Order, this Order settles only all claims for civil and vdmlni~Irarive penalries concerning the above violarions against Respondent(s) and its successors (includ/n___g successors in rifle) and assigns. V. Nothing contained in this Order ~1! be conslrued as barring, diminishing, adjudico6no~ or in any way affecting any of the civil, I~a-lm inlsl~-aflvc, or criminal rights of the Depamnent or of the Commlssioner or his/her designee (including, but not limited to, nor exemplified by, the rights to recover natural resources dLsmages and to exercise any 8~]mms~r abatement poWers) or authoriries with respect to any party, including Respondent(s). VI. Nothing contained bea~in shall be construed as preventing the Department from ~ollecting regulatory fees where applicable. VH. This Order shall not become effective until it is executed by the Regional Director on behalf of the Co~mi~sioner, and the date of execurion by the Regional Director ~hsll be the dat~ Of execurion of this Order. VHI. In those instances in which the Reepondent(s) desire(s) that any of the provisions, terms or condirious of this Order be changed, (s)he/it/they shall make writien applicarion, setting forth the grounds for the rsliof sought, to the Commissioner, c7o Vernon G. Rail, Regional Attorney, New York State Department of Environmental Conservarion, $0 Circle Rd., State University Campus, Stony Brook, New York 11790-3409. IX. Respondent(s) shall stricfly adhere to the terms ~ud condigons outlined in this Order and in Parts I, H, IH sn~/or IV Of Schedule A, the compliance schedule attached hereto and'made a part hereof. X. Any change in this Order ~11 not be made or become effective, except as specifically set forth by written order oftbe Commi~ioner, such wriRen order being made either upon writlen applicarion of the Reeponden~(s) or upon tim Commi~sionel~s · XL This Order shall be deemed bindin~ on the Respondent(s), it/his/her/their successors and assigns and allpersons, finns and corporations acring under or for R/hlm/her/them~ i~cluding, but not limited to those who may carry on any or all of the operaflons now being conducted by Respondent(s), whether at the.present locarion or a~ any other in ~ State; XII. The failure to pay any penalty amounts due under the terms and ccndirions of this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the Department of T~xarion and Finance. Dated: Stony Brook New York ,2009 ALEX.ANDER B. GRANNIS Commissioner of Enviromnentul Conservarion By. PETER A. SCULLY Regional Director 2 of 5 CONSENT BY RESPONDENT (Individual) l~p~t acknowledges the autliority and jurisdiction of the Commissioner of F. avirom~ental Conservalion of ~e State of New York .to issue the foregoing Order, waives public hearing~r other ~s in this~matter, accepts the terms and conditions set Full Home Address: NOTE TO NOTARY; The correct acknowledgment from be ow.MUST be'utilized for sign ng In New York State versu~ ou~lde New~YorkState N! blanks MU~T be comple.t~d ACKNOWLEDGMENT (Si~;n~ within New York State~ ) ) STATE OF ~ YORK coum or No, 01TA6060693 3 of 5 GENERAL REOUIREIVIENTS: ~mmediately, sa-nmtn-~ ^ Artiolo.~l~ and/or 24 P.e~x~dent (s) shall cease and;desist fWm any and all..f~t~re viohfiom ofihe New York State Eav/iunm~f/al..Conscrva~on LaW, and the rides 1) En~onmental ~on, SO Chr~ Rd.,.SUNY, Stony Brook, New York H. REMOVAL REOI,VlREMEA!'I~: D: 1'~O BE COIVt~I.,~rm-s BY: ~.tO),shs]l submit photog~phs o!the completion, · 4 of 5 Schedule A (Confd.) [I[. RESTORATION REQUIREMt~I~ys: [~]TO BE COMPLETED BY: 11/15/09 [~]No Restoration Required SPECIFICATIONS: In the cleared area on the northside of the patio leave a 5' gap along dock for boat access. In the remaining 10' Respondent is to plant 3 shrubs; highbush blueberry, inkberry, arrow-wood or pepperbush, and the area is to be allowed to revert back to its natural state. Respondent (s) shall submit photographs of the completed work required under this schedule, to the Department within ten (10) days of its completion. IV.NOTICE COVENANT REOUIREMENTS: ] TO BE COMPLETED BY: 10/1/09 [~No Covenants Required The attached Notice Covenant along with a photocopy of"Schedule A" which is a part of your deed, must be ~ed at the Suffolk County Clerk's Office at 310 Center Drive, Riverhead, NY. A copy of the filing must b.e provided to the Department of Environmental Conservation. The copy of the filing should be seat to: NYSDEC Bureau of Habitat 50 Circle Rd., SUNY Stony Brook, NY 11790-3409 Atto: Diane Radke Mail to: Mr. Ian McKay P.O. Box 1515 Mattituck, NY 11952 5 of 5 Location Map McKay Property 560 Sunset Avenue, Mattituck; Town of Southold, NY SCTM: 1000-115-03-002.001 McKay Property 560 Sunset Avenue: Mattituck, NY SCTM#: 1000-115-3-2.1 Photograph of brick patio, catwalk and stairs. The view is to the south. McKay Property 560 Sunset Aveuue; Mattituck, NY SCTM#: 1000-115-3-2.1 Closemp photograph of brick patio, catwalk and stairs. The view is to the south. McKay Property 560 Sunset Avenue: Mattituck, NY SCTM#: 1000-115-3-2.1 Photograph of catwalk, stairs and brick patio. The view is to the north. Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President February 9, 2010 Jill Doherty, President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Re: McKay Situate: sunset Avenue, Mattituck SCTM # 1000-115-3-2.1 Dear Mrs. Doherty, Enclosed herewith please find a check made payable to the Town of Southold in the amount of $182.00 covedng the square foot fee and inspection fee for the dock and patio at the premises referenced above. Kindly forward the requested permit. Sincerel ruce . Anderson /Il!Il/ O.,e oII./,~_ 046837 JReceived From ~A, ~ -/ ~~ Address Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President February 2, 2010 Jill Doherty, President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Re: McKay Situate: sunset Avenue, Mattituck SCTM # 1000-115-3-2.1 Dear Mrs. Doherty, Enclosed herewith please find two sets of surveys for the premises referenced above which depict the 15-foot non-turf buffer adjacent to the wetland boundary as required as a condition of permit approval. Kindly forward the requested permit. Bruce A. Anderson Cc. I. McKay (survey encl.) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees J From: Mark Terry, Principal Planner LWRP Coordinator Date: January 15, 20C~lO Re: Proposed Wetland Permit for lAN McKAY SCTM#1000-115-3-2.1 Suffolk Environmental Consulting, Inc. on behalf of lAN McKAY requests a Wetland Permit for the existing 4'X 13.5' timber catwalk, 3'X 2.7' steps, and a 208 sq.ft, brick patio. Located: 560 Sunset Ave., Mattituck. SCTM#115-3-2.1 The proposed action is located within a Peconic Estuary Critical Natural Resource Area. 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 LWRP and listed policy standards provided below. Figure 1. Subject parcel. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: · (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: U] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, she#fishing, waterskiing and other water-dependant activities; Chapter 275 requires that the determination of the len.qth of the dock (width in this instance) must include the dimensions of the vessel. The dimensions of a vessel am not specified. The type of vessel should also be clarified. [5] Whether the dock will cause degradation of surface water quality and natural resources; The materials in which the dock was constructed has not been identified. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more strinRent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non-disturbance buffers [8] Whether the dock will unduly restrict tidal flow or water circulation; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. I.imit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only __ Coastal Erosion Permit Application X .Wetland Permit Application __ .AmendmenffTransfer/Exte_l~on Received Appiication: lox4 ~O~ ~"~Completed Application: ~al ~/(~"'~ __~co~lete: SEQ~ Cl~sification: T~e I _T~e H U~iste{ __ Coor~ation(date sero)_ ~ L~ Consistency Assessment Fora: / CAC Ref~ Sent: ] ~ ~ ~ Date of ~ction: I / ~Receipt ofCAC R~o~: ~Lead Agency Detem~ation Tec~c~ Review: ~blic He~g Held: //~ ~/1 Resolution: Name of Applicant IAN McKAY Address Suffolk County Tax Map Number: Property Location: 522 East 20th Street - Apt. 12G; New York NY 10021 Phone Number: (631) 537 - 5160 1000 - 115 - 03 - 002.1 560 Sunset Avenue; Mattituck, New York 11952 (provide LILCO Pole #, distance to cross streets, and location) AGENT: MATT D. [VANS ~ Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box 2003; Bridgehampton, NY 11932 Phone: (631) 537 - 5160 Land Area (in square feet): Area Zoning: Board of Trustees Application GENERAL DATA 45,949 square feet ± R-40 Previous use of property: Residential Intended use of property: Residemial Covenants and Restrictions: If"Yes", please provide a copy. Yes X No Prior permits/approvals for site improvements: Agency Date 8/17/09 NYDEC (order on consent) __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency?. X No If yes, provide explanation: Yes Project Description (use attachments if necessary): Applicant prop,o, ses to lemtlize the exisfin~ timber catwalk (4.0' wide x 13.5' lomb) & steps (3.0' wide x 2.7 long) lo~ated off the sou~aem shoreline o~ sub!ect prope .ftyS.., O7~ C~ Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Applicant proposes to legalize the existing timber catwalk (4.0' wide x 13.5' long3 & steps (3.0' wide x 2.7' long) located offthe southern shoreline of sub!ect property, and to le~galize a 208 square foot patio.. Area of wetlands on lot: 595 ± .square feet Percent coverage of lot: 1.3 Closest distance between nearest existing structures and upland edge of wetlands: 0.0 feet (existing timber dock) Closest distance between nearest proposed structures and upland edge of wetlands: 0.0 feet (legalized timber dock) Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? N/A How much material will be filled? N/A Manner in which material will be removed or deposited: N/A (cubic yards) (cubic yards) Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): No impact to the surrounding wetlands is anticipated in that the timber dock, steps and patio have been in place in this location for many years without any discernible negative impact to the surrounding environment. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics omhibits conflicts of interest on the oart of Wwn officers and emvlovees. The ouroose of this form is to orovide h~'ormafinn which can alert thc town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, ~ame, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Cheek all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibIing, p~ent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a pai~nership, in which the town officer or employee has even a partial ownership of (or employment by) a eoxporation in which the town officer or employee owns more lhan 5% of'he sh~es. YES NO ~' If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agenffrepresentative) and the Wwn officer o~ employee. Either check the appropriate line A) through D) and/or describe in the space provided. '[he town officer or employee or his or her spouse, sibling, parem, or child is (check all that apply): A) the owner of greater than 5% of the shines of the corpon~e stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a coqxwafion); __~2) an officer, dlreOor, partner, or employee of the appliemat; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Access m pond and seating area Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? 0 How much material will be filled? 0 Manner in which material will be removed or deposited: .(cubic yards) .(cubic yards) Not applicable Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 1193%2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President January 11,2010 Ms. Lauren Standish, Trustees Secretary Southold Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: McKay Property 560 Sunset Avenue Mattituck; Town of Southold, NY 1000- 115-03-002.001 Dear Ms. Standish, With respect to the above referenced application, please find attached: (1) Original Affidavit of Mailing Notice (w/certified mail receipts), dated Janua~ 8, 2010. Kindly review and retain within your records. We will forward the green return cards as soon as we get them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Diane K. Wassick Encl Cc: Mr. McKay Name: Cynthia Wadelton Alan Horne Harold Schechter Kimiko Hahn James & Cheryl Reeve Edward & Beatrice Sawicki PR(~)F OF I~e~ILING OF NOTICE ATTACH CERTIFIED M~,IL RECEIPTS Address: P.O. Box 413; Mettituck, NY 11952 550 Sunset Ave; Mattituck, NY 11952 P.O. Box t441; Mattituck, NY 11952 P.O. Box 411; Mettituck, NY 11952 STATE OF NEW YORK COUNTY OF NEW YORK Diane K. Wassick c/o Suffolk Environmental Consulting, Inc., residing at 2322 Main St.; Newman Village Suite E; P.O. Box 2003; Bridgehampton, NY 11932 , being duly sworn deposes and says that on the ~'~ day of q~.~ , 2010, deponent mailed a true copy of the Notice set f~rth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to~efore me this ~ day of ~w~/~ , 2010 (Endorsement Required) JAN '+/d"~OlO James F. King Jill M. Doheny Dave Bergen Bob Ghosio, Jr. John Bredemeycr Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of IAN MCKAY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, _~.~'Mtn/~_ )~r'~J , residing at/dba .~_.t/:z,ccOL.k· being duly sworn, depose and say: That on the ~day of (~.~_ ,2010, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed. January 20~ 2010 on or about 6:00 PM. (signature) Sworn to before me this ~fary~l'blic -~ Matthew D, [vans Notary PtJbJic of [%w York No, 011v6053~59 Oualified ie St:llo;k County Commission Expires January 22, 2Ol I Board of Trustees Application County of Suffolk State of New York BRUCE A. ANDERSON BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS ~ APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY ~ SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THI~.IR AGENT(S) OR REPRESENTATIVES(SO, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS 7'/~( DAY OF ~¢~tg~ , 20 Oq N~taty Public OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: IAN McKAY being duly sworn, deposes and says; I reside at 522 East 20~; Apa~iaient 12G; New York City In the County of Suffolk and the state of New York , and I am the (owner in fee) (officer of the Corporatibn which is owner in fee) of the premises described in the foregoing application and that I have authorized SUffolk Environmental Consulting, Ina to make the foregoing application aSsignaturede~rein. Signature If Corporation, name of corporation and Officer Officer's Title BeforR me, this ..~day of Oo~c~ e ~ ,200 q Notary Public ~pi~ ~u~y2, 20~L~ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, IAN McKAY residing at (print owner of property) 522 E. 20th: Aot. 12G (mailing address) New York, New York do hereby authorize Suffolk Environmental (Agent) Inc. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. CAJU. A A. TAI~ iOll6{Oq 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLfCANT/SPONSOR ~2. PROJECT NAME Suffolk Environmental Consulting, lnc c/o Shawn Ban'on / lan McKay 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and read intersections, prominent landmarks, etc., or provide map) 560 Sunset Avenue, Mattitock; Town of Southold - Also sec location map. 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/altereben 6. DESCRIBE PROJECT BRIEFLY: Applicant is proposing to legalize the existing 4' x 13.5' catwalk, a 3' x 2.7' set of steps and a 208 square foot brick patio. 7. AMOUNT OF LAND AFFECTED: Initially <0.1 acres Ultimately <0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~'~ No If No, describe br~fly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Single family dwelling. [] Agriculture [] ParldFomst/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes-- ~ No ff Yes, list agency(s) name and permilJapprovals: Order on Consent issued from NYSDEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permWapprovals: Order on Consent issued from the NYSDEC. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~-'~ Yes ~INo I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Shawn M. Barton Date: 12-2-09 Signature: IIf the action is in the Coastal Area, and you are a state agency complete the Coasta Assessment Form before proceeding with this assessment I OVER I Reset 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. [--"~ Yes r~No B. W~LLA~T~~NRECE~~EC~~RD~NATEDREV~EWASPR~V~DEDF~RUNLI~TEDACT~~N~~N6NY~RR~PART617~6? IfNo, anegative declaration may be supemeded by another involved agency. [~Yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible} C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, she fish or wildlife species, significant h~)ttats, or threatened or endangered species? Explain bhefiy: '~'~ C4. A cornmumty s ex~shng pans or goals as officially adop ed, or a change n use or nens ty of use of and or other natura resources? Exp a n bdefiy: C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly: C6. Long term, shod term, cumulative, or other effects not identified in C1 -C57 Explain briefly: C7. Other impacts/includin~l chanties in Us~"of either quantity' or type of ece~l)'? Explain bhefli/: O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? r~Yes r-~No If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantia~,~arge~imp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) 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 adequa~ly addressed. If question d of part ii was checked yes, the determination of significa ncc must evaluate the potential impact of the proposed action on the environmental characteristics of the C EA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed direc{ty to the FULl 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 actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi= determination. Board of Trustees Name of Lead Agency Jill M. Doherty P/~nt or Type Name of Responsible Officer in Lead Agency Signature of Re~)6nsible Officer ~ead Agency Date President Title of Responsible Officer Signature of Preparer (If different Eom responsible officer) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vrohibits conflicts of interest on the oart of town officers and emolovees. The oureose of this form is to omvide information which can alert the town ofvossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: ~C~., I (,&/'~ enameof (Last name, fit~ame, middle initial, unless you m~ applying in th someone else or other entity, such as a company. If so, indicate the other person's or company's nanae.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Varinnce Trustee ;~ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Retattonship' includes by blood, mamage, or basmess interest. "Business interest" means a busmess, including a pa~nership, in which the town officer or employee has even a pat~dal ownership of (or employment by) a eoqx~ation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answemd"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Soathold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either cheek the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of die ceepomte stock of the applicant (when the applicant is a covporalion); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applieamt is not a corporation); C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard ~4rea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered '~es", 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# 115 03 002.001 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant is proposing to legalize the existing 4' x 13.5' catwalk, a 3' x 2.7' set of steps, and a 208 square foot stone patio. Location of action: Site acreage: Present land use: $60 Sunset Avenue~ Mattituck~ Town of Southold, NY 1.0548 acres One story single family dwelling. Present zoning classification: R-80 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: Ian McKa¥ (b) Mailing address: 522 East 20t~ Street - Apt. 12G~ New Yorlq NY 10021 (c) Telephone number: Area Code ( 646 ) 645-2157 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development ia the Town of Southold that enhances community character, preserves open space, makes efficient use of infrostructurc, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable The orooosed e,qa zat on of the existina 4 x 13.3' catwalk, 4' x 2.7' steos and 208 sauare foot brick patio is consistent with and enhances the community character and makes beneficial use of the pond-front oroDertv. The diminutive size of the structure and pervious nature of the brick in sand patio also minimizes any adverse effects of development. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section m - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not aoolicable in that subiect lot and the surroundin.q nei,qhborhood cannot be deemed substantial historic and/or archaeolo,qical resources. Attach additional sheets ifnecessaxy Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surroundin.q area in that the structures are minimally sized and are sufficiently screened by the existincl veqetatian. Additionally, visual character of the dock is pleasin.cl and consistent with the character af the Town of Southold. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applieable This policy is not applicable to the legalization of the proposed structures. 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 [] Yes [] No [] Not Applicable This policy is not applicable to the legalization of the proposed structures. 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 [] Yes [] No [] Not Applicable Subiect Drooosal will comply with Policy 6 in that the minimal size of the structures and innocuous building materials will not have an adverse impact on the environment. Additionally, the structures have been in existence for a sianificant period of time and have not been shown to have an averse impact on the local ecosystem, wildlife habitat or wetlands. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subject ~rooosal is not aoolicable in that the structures do not result in any form of adverse effects to air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 HI -Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is not situated within a property containing, or having the potential to contain, oublic access to coastal waters, public lands and/or public resources within the Town of Southold. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section HI- Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aauaculture, etc...). 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 HI - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Sub/oct orooosal is not abel/cable in that the orooosal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section H~ - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve aaricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coasta a.qricultural production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of enerav resources on a commercial level and/or the promotion of alternative ener.qy sources, proper maintenance of fuel stora.qe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Prepared by Shawn Barron, Suffolk Environmental Consulting, Inc, 11/30/09. Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631 ) 537-5160 Fax: (631) 537-5291 Bruce Anderson. M.S., President December 2, 2009 Mr. James King, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: $CTM #; McKay Property 560 Sunset Avenue, Mattituck; Town of Southold, NY 1000 - 115 - 03 - 002.001 Dear Mr. King, This Firm represents Mr. lan McKay, owner of the above referenced property, who is seeking all required regulatory permits in order to construct a low bulkhead thereon. Enclosed herewith please find a completed Wetland Permit Application. Application contents are as follows: (1) Town of Southold Trustees Wetlands Permit Application (original and two [2] copies); (2) Short Environmental Assessment Form (original and two [2] copies); (3) Local Waterfront Revitalization Program application (original and two [2] copies); (4) Location Map for reference (three [3] copies); (5) Photographs of existing structures (three [3] sets); (6) Survey prepared by John T. Metzger dated November 10, 2009 indicating the existing conditions and structures proposed to be legalized (four [4] copies); (7) Order on Consent from the NYSDEC regarding the existing structures; and (8) Check made out to the Town of Southold, to cover the requisite fee. By way of this correspondence, and on behalf of Mr. O'Neill, I request that you commence review of this application and schedule before the next available Trustees Board meeting for discussion and subsequent permit issuance. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, enc. cc: T. O'Neill Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York ! 1932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President December 7, 2009 Mr. James King, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re.' Situate: SCTM #: McKay Property 560 Sunset Avenue, Mattituck; Town of Southold, NY 1000 - 115 - 03 - 002.001 Dear Mr. King, Enclosed, please find an amended Trustee application. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, w/enc. SURVEY OF PROPERTY A T I~A TTITUCK TOF[N OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-115-05-B.1 SCALE: 1'--$0' NOVEMBER 10, 2009 FEB. I~ ,~010 (non-turf buffer) MAIN ROAD ( SR. 25) TOWN OF SOUTHOLD N/O/F KIMIKO HAHN &~ HAROLD SCHECHTER NSB'J7'40"W 199.53' N/O/F ALAN HORNE ~ CYNTHIA WADELTON ~OARD OF TRUSTEES TOWN OF,$OUTHOLD · =MONUMENT ~ =WETLAND FLAG AREA=45,949 SO. FT. TO TIE LINE ANY ALTI~RATION OR ADDINON TO THIS SURVEY IS A VIOLATION OF SECTION 72090F 1~tE NEW YORK STATE EDUCAITON LAV~ EXCEPT AS PER SECTION 7209-SU~DIVI$(ON 2. ALL CERTIFICATiONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ,ONLY tF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF RtE SURVEYOR WHOSE SIENA TURE APPEARS HEREON. (651) P.O. BOX 909 1250 TRAVELER STREET