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Home My WebLink AboutTR-7205 James F. King, President Jill M. Doherty, Vice~President Peggy A. Dickerson Dave Bergen Bob Chosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWrN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7205 DATE: NOVEMBER 18, 2009 ISSUED TO: WUNNEWETA POND ASSOCIATION PROPERTY ADDRESS: NAVIGATION CHANNEL WUNNEWETA POND~ CUTCHOGUE SCTM# 118-1-11 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 November 18, 2009, and in consideration of application fee in the sum of $250.00 paid by Wunneweta Pond Association and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and perm]ts the following: Wetland Permit to dredge a 20'x280' area of the inland section of the existing channel to a depth of-4' below mean Iow water; place the spoil (approximately 108 cubic yards) as beach nourishme~nt in a 16'x180' area previously approved disposal site located landward of the spring high water mark, with the condition of the deployment of a silt boom prior to and during all intertidal operations surrounding the immediate project area, and as depicted on the site plan prepared by Costell0 Marine Contracting Corp., last dated June 22, 2009, and received on October 27, 2009. IN WITNESS WHEREOF, the said Board of Trnstees hereby causes its Coq)orate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Peggy Dickerson TERMS AND CONDITIONS The Permittee Wunneweta Pond Association, edo Rich Mayne, residing at 860 Bayberry Road, Cutchogue, 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 ail such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach betWeen high and low water marks. That if future operations of the Town of Southold require:the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 18, 2009 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Ms. Jane Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: WUNNEWETA POND ASSOCIATION NAVIGATION CHANNEL, WUNNEWETA POND, CUTCHOGUE SCTM# 118-1-11 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 18, 2009 regarding the above matter: WHEREAS, Costello Marine Contracting Corp., on behalf of WUNNEWETA POND ASSOCIATION applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 27, 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 6.3, 5.3, 6.4 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the deployment of a silt boom prior to and during all intertidal operations surrounding the immediate project area, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 18, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of WUNNEWETA POND ASSOCIATION to dredge a 20'x280' area of the inland section of the existing channel to a depth of -4' below mean Iow water; place the spoil (approximately 108 cubic yards) as beach nourishment in a 16'x180' area previously approved disposal site located landward of the spdng high water mark, with the condition of the deployment of a silt boom prior to and dudng all intertidal operations surrounding the immediate project area, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated June 22, 2009, and received on October 27, 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: $1,131.00 Very truly yours, President, Board of Trustees JFK/eac Jill M. DoherCy, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated (¢h".,,~L~P.r'-oT~/,:~O0~' has been reviewed by this Board at the regular meeting ofA.~VO~x~'r- '1~,,, ~Jclg~'and your application has been approved pending the completion of the following items checked off below. for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) ½ Constructed ($50.00) Final Inspection Fee ($50.00) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: Jill M. Doherty, President Board of Trustees James Eckert, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Thurs., November 12, 2009, the following recommendation was made: WUNNEWETA POND ASSOC. to dredge a 20'X 280' area of the inland section of the existing channel to a depth of -4' below mean Iow water. Place the spoil (approx. 188 cy.) as beach nourishment in a 16'X 180' area previously approved disposal site located landward of the spdng high water mark. Located: Navigation Channel, Wunneweta Pond. SCTM#118-1-11 The CAC did not make an inspection, therefore no recommendation was made. James F. King. President Jill M. Doherty, Vice President Peggy A. Dickerson Dave Bergen Bob Ghosio. Jr PO. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: WUNNEWETA POND ASSOC. requests a Wetland Permit to dredge a 20'X 280' area of the inland section of the existing channel to a depth of -4' below mean Iow water. Place the spoil (approx. 188 cy.) as beach nourishment in a 16'X 180' area previously approved disposal site located landward of the spring high water mark. Located: Navigation Channel, Wunneweta Pond. SCTM#118-1-11 ,-I'ype~bf area to be impacted: [ __~altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Pa&of Town Code proposed work falls under: L/~hapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment ~Ad ministrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: ~.King ~j. Doherty __P.Dickerson __ D. Dzenkowski other Form filled out in the field by D. Bergen 't'~.Ghosio, Mailed/Faxed to: Date: 'q&,Tunneweta Pond Dredge 6/23/09 Wunneweta Pond Dredge 6/23/09 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393 / 477-0682 · FAX (631) 477-0005 March 26, 2010 Southold Town Trustees PO Box 1179 Southold, NY 11971 Attn: Elizabeth RE: Wunneweta Pond HOA - Dredge Project Dear Elizabeth: Enclosed is check #6009 in the amount $1,130.00 which represents associated with dredging 108 cubic yards of spoil and the final inspection fee. If you need any additional information, please contact me. Sincerely, enclosure COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 /477-1393 /477-0682 · FAX (631) 477-0005 March 18, 2010 Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: Wunneweta Pond Association Maintenance Dredge Project Dear Trustees: It is my understanding that at the November 18, 2009 public hearing the Board approved the application to dredge a 20'x280' area of the inland section of the existing channel to a depth of- 4' below mean low water on the condition that proof is made available showing that this area has been previously dredged. Enclosed you will find a copy of Permit #1559 dated October 6, 1982 issued by the Southold Town Trustees to the Lagoon Association (aka Wunneweta Lagoon Association) to remove approximately 14,000 cubic yards of spoil. Also, enclosed is the application and drawing submitted for this approval showing the dredge area. If any additional information or proof is needed, please do not hesitate to contact me. Sincerely, ;~Z'Jane P. Costello Permit Manager enclosures · ' , -- · IUS DISPLAY VIS IBL~ Pursuant to the provklon~ of Chaplet 615 of the Laws ~'he State of New York, 1893; end Chaplet 404 of ~he La~ of Sfafe of New York [~52: and fhe Soufhold Town Ordin~nce en- rifled "RE~ULAT]N~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the 19...82., and in consldermf~on of the sum c,~ $....:,~..~.~.~ pa~d by ..................................... Th.e....~.~gO~ ..~.~ 9.~.~:. ~!t: .S.o.. ~_ ........................... : Board Of $outhotd Tovm Trustees SOUTHOLD, NEW YORK MOORING NO., N/A PERMIT NO... 1559 DATE: ................ ISSUED TO , certify that the work as authorized in this permit has been completed and %s now ready for your inspec- tion. Also, the number required on tkis project is clearly visible. I further understand this permit is not valid until this tear sheet is returned to the Trustees. TERMS ,tn,~ CONDITIONS The P~mi~e~ The Lagoon Associ~tion orbed. {See tear off sheet.) SOUTHOLD TRUSTEES NO. /4~'~'~ PERMIT Issued To--/-~~ &ddress~ THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE, TOWN OF SOUTHOU) 5OUTHOLD, N. Y. 11971 TEL.: 765-1801 BOARD OF TOWN TRUSTEES To~ O~ $outhol~t M~in Road Southold, Ne~ York 11971 APPLICATION TO DREDGE ami or FILL 1. Does this pmiect involve the use of WETLANDS as defined in the Southold Town Ordinance in Wetlands? YES or ~O. If it does, your application must be filed through the Town Clerk's Office. 6~, Norl:h Na~n St. c/o (;earle ~urrell 3. Contractor's name and address: ...... ,3}~'~[~"~;~'"~[~ ..................................................... 5. After issuar~e of Permit, I e~o~ct to: (mark with an X) (a) Commence work -- AT ONCE ............ ; ASAP .~ .........; UNKNOWN TIME ......... :... (b) ~omplete work in -- I DAY ............ ; I MO..~.~......,; ] YR ............. ; FUTURE ............. ~. Secure the correct ^rea Map from the Secretory of this Board, and by using an X WITHIN A CIRCLE as a mark, indicate as closely ~s possible the location of this work. On the reverse si~e of this m~p, provide a .~,,~LJE DRAWING which will show the Ordinary High Water Mark and the size and shape of the structure or work. All dimensions offshore of the O. H. W. M. should also be shown and include any free standing pilings which will remain 7. Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) ^ copy of the Contractor's Plans and Specifications. 8. Has any previous application for t~is work been denied by any other local government agencyP ~or NO. If it has been, name the agency ........................................................................... Date of denial ........................................ 9, If dredging is contemplated, give your estimate of the following. (a) Average depth of water at M. L W. where dredging, .....~..,~.~.7.2.~...~..P.F.?.s..e.~-~.ZLY..) ....... ft, ~ ft (b) Maximum d~pth of dr~dglng below the boffom, .J~....~eJ, g~..i~.....g.T.9~9#.~.(~ .................. (¢) Maximum length of dredged area ....... $.~,r..e.g~.Z..a.~ ............................................... ft. (d) Maximum width of dredged ama + {e) Maximum amount of material to be dredged ....2..0.~.?.,0..0.;. ........................... c. yds, ]0. if filling is e~ected, give your estimate of the following: (b) Ex~loin how fill will be obtained and where it will be placed. In requesting approval of this application, I submi~ that: I am the person accountable for the performance of the work in accord wi~h the plans and specifications c~tached hereto; I have r~ad or am familiar with the provisions o~ any Southold Town Ordinance pertinent to the WOrk involved; and further, I fatend to adhere to a~l abide by, the Terms and Conditions of the Permit. /' ~ // OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave: Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To~ Jim King, President Town of Southold Board of Trustees From: Mark Terry LWRP Coordinator Principal Planner Date: November 18, 2009 Re; Wetland Permit for WUNNEWETA POND ASSOC. SCTM#1000-118-1- 11 Costello Marine Contracting Corp. on behalf of WUNNEWETA POND ASSOC. requests a Wetland Permit to dredge a 20'X 280' area of the inland section of the existing channel to a depth of -4' below mean Iow water. Place the spoil (approx. 188 cy.) as beach nourishment in a 16'X 180' area previously approved disposal site located landward of the spring high water mark. Loca[ed: Navigation Channel, Wunneweta Pond. SCTM#1000-118-1-11 Note that the plans conflict. The dredge spoil disposal site is referenced on the location map (2 of 10) as northwest of the inlet. The dredqe spoil site shown on sheet (10 of 10) is located northeast of the inlet. The location of the disposal site requires clarification. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with the following LWRP policy standards and therefore is INCONSISTENT with the LWRP. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action does not comply with the cited section of the Southold Town Code below: § 275-11 Construction and operation standards 3) Dredging. (a) Creeks. [1] Only maintenance dredging (as defined in § 275-2) is permitted, un/ess the applicant owns unde~vater land or the applicant is requesting permission to dredge in connection with installation of Iow-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. [Amended 12-18-2007 by L.L. No. 23-2007] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. Dredging in, or in close proximity to salt marsh vegetation (Distich/is spicata, Spartina altemiflora or Spartina patens) or seagrass (Ruppia maritia or Zostera madna) meadows is prohibited. All dredging applications must demonstrate a specific location for the deposit of dredging material. [Added 12-18-2007 by L.L. No. 23-2007] § 275-2. Definitions; word usage MAINTENANCE DREDGING -- A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. Wunneweta Pond is owned by the Town of Southold. A search of past permitted actions indicates that the area proposed to be dred.qed has not been previously dredqed (accordinq to Town records). In the event that the applicant proves that the proposed action complies with the above regulations the following best management practices are recommended: To further policy 5.3; Protect and enhance quality of coastal waters the deployment of a silt boom pursuant to § 275-11. Construction and operation standards is recommended. The proposed disposal site is located within a NYS Audubon Important Bird Area and the TOS/Nature Conservancy important shorebird nestinq (fi.qure 1. below). To further Policy 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities the following restriction is recommended: 1. That all activity associated with the proposed action (dredging) should be avoided during the nesting and fledgling periods (March 15 through August 15) of shorebirds nesting within the immediate shoreline to the east and west of Wunneweta Pond inlet. Further, it is recommended that the contractor be required to meet with representatives of the orqanizations to discuss the optimum placement and slope of the dredge spoil to minimize impacts to shorebird habitat/populations. Figure 1. Audubon Important Bird Area outlined in yellow and TOS/Nature Conservancy shorebird nesting area outlined in red. 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 __7~,, oastal Erosion Permit Application ~_.Wetland Permit Application AdminisU'ative Permit __Amer~ dm~nffrrans fer/Extensioll ~°,eceived Applicalion: ~-'~-Receivad Fee:$ ~ ~,-C-o~p leted Application __hcomplet~ __SEQRA Classification: Type I Type II Unlisted __Coordinatien:(date sent) ~c~'/~C Ref~ula] Sent: ~.~ate o f Inspection: /[/U/O __Receipt of CAC Report: __Lead Agency Determination: ~Technical Review: ~"Fub]i¢ Hearing Il*Id: ///I __Resolution: (provide LILCO Pole #, distance to cross s~'eets, and location) (If applicable) - ~ I Address: "~0 ~X ~1~4,/h,~,~l-. ~qY [1q44 eh°ne: ~3[ Board of Trustees Applicat~ GENERAL DATA Land Area (in square feet): ~ ~t~*A/'~,~ Area Zoning: /'~- Z~ Intended use ofprop~: ~ Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments ifnecessary):J~.._ & ~0 ~.x ~t~ ' I Board of Trustees Applicati~ WETLAND/TRUSTEE LANDS APPLICATION DATA Area ofwetlaads on lot: NIA square feet Percent coverage of lot: /~/A % Closest distance betweer~ nearest existing structure and upland edge of wetlands: Id/r feet '1 Closest distance between~ nearest proposed structure and upland edge of wetlands: J01~ feet Does the project involve excavation or filling? No .X Yes If yes, how much material will be excavated? /4/g~ cubic yards How much material will be filled? ~J[~, cubic yards Depth of which mater/al will be removed or deposited: '~4 Proposed slope throughout the area of operations: Mamaer in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Appendix C Stat~ Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only PART I - PROJECT INFORMATION (To I~ completed by Applicant or Pro~m~t 3. PROJECT LOCATION: 4. PRECISE LOCATION (8~ee~ address and mad k~emec0on~ pmmlnen~ land~, elc., o~- Ixovl~e map) s. W~LL P.C~SED ^C~ON COMPL~ W~T. E~S'..~ ZO.~.~ O. OTHE, Ex~'nNe L,~ND USE.EST~C~ONS~ 10. 11. DO~S ACTION iI~OLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTII~TELy FROM ANY OTHER GOVERNMENTAL AGENCY (FEDF. J~,AL, STATE OR LOCAL)? cz. o~.,a, im~cm (-m,~,,~g c~ges m use al' e~m' qumab' or type o~ en""'gY)? D.~LL THE pROJECT HAVE ~ IMPACT ON THE ENVIRONMENTAL CHAR,~ THAT CAUSED TllE F_~TABU~-IMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? ~ m THE~. o. m THE~E UKELY TO ~-- com~ove~Y .EuYm. a TO ~OTE~ A=V~ ee~.ONMENTAL *MPACTS? James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 lelephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of WUNNEWETA POND ASSOC. COUNTY OF SUFFOLK) STATE OF NEW YORK) b~ing ~dly ~o~, de~os~ and ~dy:-- That on the$~ day of ~, 20~I personally posted the properly known as AFFIDAVIT OF POSTING 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, November 18~ 2009 on or about 6:00 PM. Dated: 'n to before me Sis t-Y 0,~} ~/~.~,4.-', ?~.~A..Z~ {/ '~ ~' /~/~/ ~ ~ / ~ ~0ta~ Public, State of New York - ~- __ ~ ~ ~ - Ov31ifledin Suffolk~un~ Public ~ C~"~ ~,~,~:n [x~:ires Dec. 3L2009 Wurmeweta Pond Association Posting 11/6/09 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS $flme: Posillico Montauk Associates Suzanne Godart Cella Revocable Trust Mary Jane and Eugene Bolter Richard Anderson Address: 15 Beaux Arts Lane, Halesite, NY 11743 P.O. Box 1291, Cutchogue, NY 11935 90 4th Street, Garden City, NY 11530 333 E 30th Street, 4M, New York, NY 10016 STATE OF NEW YORK COUNTY OF SUFFOLK JANE COSTELLO , residing at 760 CHESi't:R ROAD, SAYVILLE, NY 11782 , being duly sworn, deposes and says that on the 4TH day of NOVEI~SER ,2009, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite 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 GREENPORT, NY 11944 , that said Notices were mailed to each of said persons by (certified) (registered) mail. ~om to before me Ihis ~ ~ [y of/~ 0~'~'~-, 20 O~ Suzanne Godart Cella Revocab e Trust ~., , P.O. Box 1291 / Cutchogue, NY 11935 .................. · '*" ............ ,,I Mary :lane and Eugene Bolter 90 4~ Street Garden Ob/, NY 11.530 ~AL .~ OFF ~ [~ Richard Anderson ca [~ 333 E 30u~ Street, 4M L New York, NY 10016 USE Hem OFFJCIA r, post~e Hem Posillico Montauk Associates 15 Beaux Arts Lane Halesite, NY 11743 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Wunneweta Pond H~meowners Association SCTM# 1000-118-01-11 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Dredge an area 20'x280' of the inland section of the existing channel to -4.0 below mean low water removing approximately 108 cubic yards of spoil. Place dredge spoil as beach nourishment in a 16'x180' area of previously approved disposal site along shoreline of Little Peconic Bay landward of the apparent Spring High Water Line. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Wunnetweta Pond 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on Nov--mher 18, 2009 et 6:00pm. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Wunneweta Pond Homeowners Association c/oRickMayne, President 860 Bayberry Road Cutchogue, NY 11935 Enc.: Copy of sketch or plan showing proposal for your convenience. .............................. , .I.//////////////~,~ _ i( ~Frt. ~=~o)=~l.~ 7-7 ~7 co.,/o'~ I ~o,=/~ c)_~ 7.= c~,.¥o'= COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393 / 477-0682 · FAX (631) 477-0005 November 6, 2009 Southold Town Trustees PO Box 1179 Southold, NY 11971 Attention: Lauren or Elizabeth RE: Wunneweta Pond Association Robert O'Brien Dear Lauren or Elizabeth: Enclosed are the Affidavit of Posting and Proof of Mailings for the above referenced clients. If you need any additional information, do not hesitate to contact me. Sincerely, Permit Manager enclosures Board of Trustees Applicatw County of Suffolk Stare of New York DEPOSES AND/~'FI~RM-S THAT HE/:~]~ IS THE' APPLICANT FOR THE ABOVE DESC1LiBED 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 1N 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 PROM ANY AND ALL DAMAGES AND CLAIMS AR/SING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS. ature DAY OF~ ,20 0 ~ VERONICA E CIDONE Notary Public, State of blew York No. OI, C 4661406 Qualified in Suffolk County Commission Expires Dec. 31,2009 Town of Southold LWRP CONSISTENCY ASSESS1VIENT FORM A. INSTRUCTIONS Ali applicants for perm/ts* including Town of Southold agencies, shall complete this CC'.-xF 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 making a determination of consistency. *Except minor exempt actions including Building ?er,;itx and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, ,the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Soutbold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its signific~at beneficial and adverse effects upon the coastal area (wi'rich includes all of Southold To'.sql) .3. If any question in Section C on this form is answered "yes", then the proposed action may aftkct the achievement of the LWRP policy standards and conditions contained in the consistency reviexs lnxs Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent 'to the maxknum extent practicable with the LWFLP policy standards and conditions. If an action cannot be certified as consistent with the LWRP polio!, standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Sot thold s ix cbo tc (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# //8 - 0/ 1/ The Application has been submitted to (check appropriate response): TownBoard [--] Planning Dept. [--] Building Dept. [] BoardofTrustees/~ 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. gran( loan, subsidy) (c) Permit, approval, license, certification: : ~ Site acreage:t Present zoning classificatibn: ~/~j If an application for the proposed action ha~ been filed with the Town of Southold agency, the following information shall be provided:, · ~,~ ~, (a) Nameofapplicant: ~III~IA~L~L'~RA .O. khocae''I NYllq (c) Telephone numb~i A~ea C~.d.~,(il)'~ ~61 -~' (d) Application number, if any: ......... Will the action be directly undertaken, re, ql~ire funding, or.approval by a state or federal agency? Yes ~ No [--] . If yes, which state or,federal agency9 ,~' DEVELOPED COAST POLICY Policy 1. Foster a pattern of develoPment In th~ 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. ~fi~Ves ['-] No [] NOt ApPlieable~ Attach additional shceta if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria · A~ch additional sheets Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LVfRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ['~ NO Not Applicable~ . : Attach additional sheets if necessary NATIYRA.L COAST POLICIES Poli.cy 4. Minimize loss of life, structures; and natural resources from Section III - Policies Pages,8,through!16~f~e~,hlUat!0n,:C~:[tei. ia:~<:, ,., .. ~0,°,~d~g and erosion. See LWRP Attach additional sheets ifnecesaary Policy 5. Protect nd improve water quality and supply in the Town of Southold. See LWRP Section IIl a ' -Policies Pages 16 through 21 for evalqatton criteria ~ Yes ~ No ~Not Applicable '~0 ~-(d~ _ _ _ Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish ahd Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. .: : Attach additional sheets if ncco$$ary 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 Attach additional sheets if necessary Policy 8. Minimize environmental degr?d~tl0a' !~aT~wn~ of Southold from solid waste and hazardous substances and wastes. See LWRP Seetio'n Iii'.. Policies; Pages 34 through 38 for evaluation criteria. [-'~Yes [~No' .~NotApplieable~ PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes[] No[] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoldts suitable locations, water-dependeut uses and promote siting of new water-dependent uses in See LWRP Section II/- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No [~ Not Applicable At~ach 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. At~ach additional sheets if necessary Policy. 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Gob Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L~VRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes [] No'~] Not Applicable Created on 5/25/05 !!:20 AM Date.' October 27, 2009 To: Southold Town Trustees and Mark Terry Regarding: Wunneweta Pond Association Proposal: Dredge an area 20'x280' of the inland section of the existing navigational channel to -4.0' below Mean Low Water removing approximately 108 cubic yards of spoil. Place dredged spoil matedal as beach nourishment in a 16'x180' area of previously approved disposal site along the shoreline of Little Peconic Bay landward of apparent Spring High Water Une. DEVELOPED Policy I COAST POLTCZES Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial uso of a coastal location, and minimizes adverse effects of development. Our proposal is consistent with this policy in that this channel is used by the members of the homeowners' association to engage in water dependent activities. The shoaled area is preventing boaters from entering this section of the pond at iow tide. In order to maintain a safe navigational channel and maintain the water flow in this section of pond, it is necessary to remove this material. Policy 2 Presorve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have any negative impacts on the visual quality or scenic resources. There are no structural components to our proposal. This proposal is consistent with the area. Areas in Wunneweta Pond have been dredge recently and there was no impairment to the existing vegetation. NATURAL COAST POI_~CZES Policy 4 Hinimize loss of life, structures, and natural resources from flooding and erosion. This project has will have no flooding or erosion concerns. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dredge will maintain the water depth of the existing navigational channel. The dredge spoil will be placed landward of the spring high water mark as beach nourishment. This will protect the vegetation located at the spoil site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Hinimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. The dredge spoil is clean transported sand. A large area of the Pond has been dredged in recent years but this area is experiencing shoaling limiting the access of the property owners. PU~LTC COAST POI.TC~ES Policy 9 Provide for public access to, and recreational use of, coa~,;--I waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owners the ability to safely access and navigate Wunneweta Pond. There will be no change in the ability of the public to access public resources of the Town of Southold. WI~RK~N~; COAST POLICIES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is an existing channel leading to Spring Pond where there are a number of waterfront properties. Maintaining the channel will allow these homeowners to engage in water dependent activities and the ability to reach larger bodies of water. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. The channel is an active waterway and not the most desirable habitat for living marine resources. The area to be dredged is relatively small in comparison to the entire waterway. This amount of dredging will have a minimal effect on the madne resources. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. Hydrographic Map Wunneweta Pond Surveyed: April 9, 2009 Town: Southold Suffolk County, NY Datum: Mean Low Water ~O~c~ SEA LEVEL MAPPING P.O. Box # 366 Aquebogue, NY 11931 P¢conic ROBERT H. FOX NYS PLS# 50197