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HomeMy WebLinkAboutTR-7041 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line __ 1st day of construction ~ constructed ~"Project complete, c'ompliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7041 DATE: FEBRUARY 18; 2009 ISSUED TO: JUDIE LIZEWSKI PROPERTY ADDRESS: 145 FLEETWOOD ROAD~ CUTCHOGUE SCTM# 137-4-10.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 18.2009, and in consideration of application fee in the sum of $250.00 paid by Judie Lizewsld and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 4'x26' fixed walkway, 3'x12' hinged ramp and a 6'x15' flOating dock, with the conditions of the use of open-grate material on the decking of the catwalk, the float to be no larger than 6'x15', the use of non-treated lumber on the decking of the float, re-vegetate the area to the northeast that is void of any vegetation, and as depicted on the site plan prepared by Proper-T Permit Services, last dated March 8, 2010, and received on April 9, 2010. IN WITNESS WHEREOF, the said Board of TrusSes hereby cauls i~ Co~om~ Seal W be affixed, and these p~san~ m be subscribed by a majori~ of the ~id Board ~ of this da~. Jame's F. King,~Nay Peggy Dickerson - Nay TERMS AND CONDITIONS The Permittee Judie Lizewski, residing at 145 Fleetwood Road. Cutcho~ue, 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 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 expanses to the Town of Southold. That the said Board will be notified by the Pennittee 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. Jill 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 February 18, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: JUDIE LIZEWSKI 145 FLEETWOOD ROAD, CUTCHOGUE SCTM# 137-4-10.1 Dear Mr. Fitzgerald: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 18, 2009 regarding the above matter: WHEREAS, Proper-T Permit Services, on behalf of JUDIE LIZEWSKI 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 September 24, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6, 6.2, 6.3, 9, & 9.4 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the use of open-grate material on the decking of the catwalk, the float to be no larger than 6'x15', the use of non- treated lumber on the decking of the float, re-vegetate the area to the northeast that is void of any vegetation, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 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 JUDIE LIZEWSKI to construct a 4'x26' fixed walkway, 3'x12' hinged ramp and a 6'x15' floating dock, with the conditions of the use of open-grate material on the decking of the catwalk, the float to be no larger than 6'x15', the use of non-treated lumber on the decking of the float, re- vegetate the area to the northeast that is void of any vegetation, and as depicted on the site plan prepared by Proper-T Permit Services, last dated March 8, 2010, and received on April 9, 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:S632.00 Very truly yours, Vice President, Board of Trustees JMD/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route25 P.O. Box 1179 Southold, New York l1971-0959 Telephone (631) 766-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line __ 1st day of construction ¼ constructed Project complete, compliance inspection. Jill M. Doher~y, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bm&meyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Please be advised that your application dated ~~,~ c~, 0~:30 ~" has been reviewed by this Board at the regular meeting of ~'-e.~o f-~r-~.rv'l¢,, goO?and your application has been approved pending the completion of/the'following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) i/~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: q t T ' ~ = 3'~ I~' :3~s~, ~, ~.00~,~, TOTAL FEES DUE: $ ~ ~ BY: Jill M. Doherty, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD to: Please be advised that your application dated ~¢~.~¢.~r c~,~ has been reviewed by this Board at the regular meetin~ of ~ F'~-~r-~ l~¢, ~ and your application has been approved pending the completion ~f th~ following items checked off below. ~Revised Plans for proposed project Pre-Construction Hay Bate Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ~ Constructed ($50.00) Final Inspection Fee ($50.00) /Dock Fees ($3.00 pe; sq. fl )-- ~ --~ p..~,_~_~/~r~¢__~ ~ ¢'-~C.~')~r-JL ' o¢ ( e,, a c. ks . Permit fees are now due. Please make oheok or money order payable to Town of 8outhold. The fee is oomputed beloW 8o~rding to lhe sohedule of tales a8 set fo~ in Ohapter 275 of lhe Soulhold Town Oode. 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: $. ~)~:~' "J' ~ ~ (~~'thc'=/) BY: James F. King, President Board of Trustees Dear Board Members, February 9th, 2009 My neighbors and myself, are submitting this letter to express our concerns with regards to Ms. Judie Lizewski's application for a dock building permit for the property located at 145 Fleetwood Road Cutchogue, New York 11935. My name is Thomas Lambert I'm the owner of 4715 Pequash Ave. Cutchogue, New York 11935. My neighbors, Mr.& Mrs. Tom Wetzel are the owners of 4635 Pequash Ave. Cutchogue,New York 11935. All of the aforementioned properties are located on a cul-de-sac body of water which leads out to the main body of water known as East Creek. The Wetzels' and myself keep pleasure boats in this body of water. Our primary concern with this application is safe navigation. By its nature the cul-de-sac creates vessel maneuverability limitations. The Lizewski dock, if it were to be approved in its present configuration would interfere with safe boating. The potential for an incident would be heightened in bad weather conditions. A second concern we have is with the accuracy of a drawing submitted with the application. We question the distance measurements in the drawing and the location of two presently existing floating docks. We believe these docks in question are actually closer to the proposed Lizewsk i dock. We are also questioning the shoreline representation. We have observed over the years how sand shifting and vegetative growth is filling in the cul-de-sac. The current water depths listed on the application's drawing are most likely lower than depicted. Upon viewing the application at your office we noticed the original plans submitted in 2002 called for a pole and not a floating dock. The plans reapplied for in 09/08 also call for a pole not a floating dock. The plans have been changed, but the application papers have not. Thank you for your consideration in this matter. Respectfully Yours, Thomas Lambert Donald Wilder, 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., October 8, 2008, the following recommendation was made: JUDIE LIZEWSKI to construct a 4'X 35' fixed walkway dock with mooring pole. Located: 145 Fleetwood Rd., Cutchogue. SCTM#137-4-10.1 Inspected by: Scott Worth, James Eckert, Peter Young The CAC inspected the property and there was no evidence of an existing dock and the proposed dock wasn't staked. No recommendation can be made until the proposed dock is staked. James F. King, President Jill M. Doheny, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765~641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: JUDIE LIZEWSKI requests a Wetland Permit to construct a 4'X 35' fixed walkway dock with mooring pole. Located: 145 Fleetwood Rd., Cutchogue. SCTM#137-4-10.1 Type of area to be impacted: ~)~.altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland ~crt of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: ~- Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Modifications: Conditions: Present Were: __&King ~-~,J.Doherty-f--,P.Dickerson 'z---D. Bergen~,--3~B.Ghosio, D. Dzenkowski Mark Terry__other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- I Proper-T Permit SerViCes P.O. Box 617, Cutchogue NY 11935 F~hone: 631-734-5800 jefitzge@suffolk.lib, ny. us Fax: 631-734-7463 MEMORANDUM DATE: 5/3/10 TO: Lauren - Trustees' Office FROM: Jim Fitzgerald SUBJECT: Judie Lizewski, SCTM #1000-137-4-10.1 Hem's Mrs. Lizewski's check for $632 per your attached "bill". P. roper-T Permit Servtces P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefit-/ge~suffolk, lib.ny.us Fax: 631-734-7463 MEMORANDUM DATE: April TO: Lauren - Trustees' Office FROM: Jim Fitzgerald SUBJECT: Lizewski, SCTM #1-000-137-4-10.1 Here are revised drawings, incorporating the Trustees' requirements, and previously approved by NYSDEC. Enclosures: Project Plan, Revised 3/8/10 Section View, Revised 3/8/10 DEC-E-2008 05:09P FROM:PROPER-T 631 734 7463 P. lxl Proper- T Permit Services Phone: 631-734-5800 jefitzge~suffolk, lib. ny. us FAX MI,MO DATE: TO: Trust~e~' Office FROM: Jim Fitzgerald SUBJECT: Li,~wski, 145 Fleetnvood Rd, Cu~hogue; Please postpone the 12./3 inspection and 12/10 public hea Pages attaehed: None '.O. Box 617, Cutchogue NY 11935 Dee 2, 2008 ICTM #1000-137-4-10.1 [ng to the next scheduled date. Fax: 631-734-7463 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 From: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for JUDIE LIZEWSKI SCTM#137-4-10.1 Proper-T Permit Services on behalf of JUDIE LIZEWSKI requests a Wetland Permit to construct a 4'X 35' fixed walkway dock with mooring pole. Located: 145 Fleetwood Rd., Cutchogue. SCTM#137-4-10.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed dock is in a Critical Environmental Area nominated by the Town of Southold as worthy of protection~ (see Critical Environmental Areas § 275-2 Definitions below). Any proposed action in a Critical Environmental Area may be subiect to more stringent requirements such as denial of certain operations~ and shortening or reducing the size of the structure pursuant to § 275-11 Construction and operation standards. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under the&jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of SouthoM and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. § 275-11 Construction and u standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent 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 nondisturbance buffers. The proposed dock/float location is at water depths ranging .3 to 1.6 feet at MLW indicated on the site plan provided by the applicant. The use of a vessel associated with the proposed dock could have adverse impacts to the public trust bottomland from sitting of float~ vessel and/or prop dredging from the vessel. Pursuant to § 275- 11 Construction and operation standards no part of the floating dock will contact the bottomland during a normal low tide. The potential impacts to the public trust bottomland from a vessel associated with the proposed action should be considered. § 275-11 Construction and operation standards. (2) Docks. Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended lO-11-2005 by £.£. No. 17-2005] [bi If any part of a residential dock structure includes afloat or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [ii] No part of the fioating dock will contact the bottomland during a normal Iow tide. Furthermore~ the proposed dock is in East Creek part of the Cutchogue Harbor and Wetlands a NYS Significant Coastal Fish and Wildlife Habitat (SCFWH), recognized by the Town as worthy in protecting (see Cutchogue Harbor Wetlands SCFWH Narrative below). 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The Town of SouthoM is rich in habitats that support diverse and often large wildlife populations, many of which are of commercial or recreational value. The importance of these habitats has been recognized through the state designation as Significant Coastal Fish and Wildlife Habitats in Southold. These habitats' cover the full range of habitats typical on the East End of Long Island and include dunes, beaches, wetlands, islands and open water. The Town of Southold recognizes the importance of protecting and enhancing these wetlands and habitats. NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT (SCFWH) CUTCHOGUE HARBOR AND WETLANDS: Cutchogue Harbor and its adjacent wetlands are located west of Little Hog Neck, opening into Little Peconic Bay in the Town of Southold, Suffolk County (7.5' Quadrangles: Southold, NYand Southampton, NY). This approximate 490 acre habitat includes the shallow open water area of Cutchogue Harbor (205 acres) and three adjacent, distinct tidal wetland/creek areas: Wickham Creek, Haywater Cove, and Meadow Beach (Horseshoe Cove). The Wickham Creek area contains approximately 70 acres of undisturbed tidal creek and Salt Marsh located behind a low beach on Cutchogue Harbor. The Haywater Cove area consists of approximately 190 acres of Salt Marsh islands, mudflats, open water and tidal Creek including East Creek, Mud Creek and Broadwater Cove. All three of these tidal creeks have been disturbed to some extent by adjacent residential and recreational development. The Meadow Beach area is an approximate 25 acre area, including a 15 acre wetland preserve owned by the Nature Conservancy, bordered by undeveloped wooded shoreline. Much of the Cutchogue Harbor and Wetlands area receives moderate summer recreational use, including recreational boating in the coves and creeks. Policy 9-Provide for public the Town of Southold. and recreational use of, coastal waterOblic.lands, and public resources of The proposed action is private~ noncommercial and will not support a pattern of development that enhances community character nor preserves "Public" access or public recreational activities Policy Standard-9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access to, and reasonable recreational use of, navigable waters and public trust land*' under water. 2. Permit limited obstruction of public use, including navigation, in navigable waters: 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range of tidal water level fluctuation, The proposed dock/float location is at water depths ranging .3 to 1.6 feet at MLW indicated on the site plan provided by the applicant. The use of a vessel associated with the proposed dock could have adverse impacts to the public trust bottomland from sitting of float~ vessel and/or prop dredging from the vessel. The applicant must demonstrate that the following dock standards pursuant to § 275-11 Construction and operation standards have been met. § 275-11 Construction and operation standards. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, walerskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and witdlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrusses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [l OJ Whether the d~ck will adversely affect views~ viewsheds and vistas imp~rtant t~ the c~mmunity; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. If the action is aooroved, the foll!~ best management oractices (BMP's)~g recommended: 1. The usc of grid decking having greater than 50% light penetration to thc substrate. 2. Minimize thc length of thc docking structure to the greatest extent practicable. 3. Design standards allowing for thc public to access trust lands and water. If the agency~ Board of Trustees makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Pohwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ~oastal Erosion Permit Application '~/Wetland Permit Application Major ReceWaiver/Amendment/Chapg-e$ eceived Application: ived Fee:$~?~-~)~--~ 7Completed Application Incomplete SEQ1L~ Classification: Type I Type II Unlisted Coordination:(date sent)~ ~AC Referral Sent: .~Date of Inspection: Receipt of CAC Report: Lead Agency Determination:__ Technical Review: ~.P~ublic Hearing Held:~ Resolution: Minor NameofApplicam Judie Lizewski Address 320 Depot Lane, Cutchogue NY 11935 Phone Number:( ) 631-734-7556 Suffolk County Tax Map Number: 1000 - 137-4-10.1 Property Location: 145 Fleetwoo'd Road, Cutchogue (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Ad&ess: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617, Cutchogue NY 11935 Phone: Qoard of Trustees Applics Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: GENERAL DATA 23~950 sq ft R-40 Undeveloped Single-family residence Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: PROJECT DESCRIPTION: Construct single-family residence with on-site sewage disposal system and private well; construct 4'x 35' fixed walkway dock with mooring pole. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA P~rpose of the proposed operations: Construct private single- family residence with dock for private recreation. Area ofwetlands on lot: est 1350 squarefeet Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: -0- feet Closest distance between nearest proposed structure and upland edge of wetlands: -0- feet Does the project involve excavation or filling? No X Yes (house foundation) If yes, how much material will be excavated? 900 cubic yards estimated How much material will be filled? -0- cubic yards Depth of which material will be removed or deposited: 8 Proposed slope throughout the area of operations: 0 Manner in which material wilt be removed or deposited: backhoe, etc feet approx 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): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 320 Depot Lane Cutchogue, New York 11935 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing ora permit application for the construction of a house and a dock on my property located on Fleetwood Road in Cutchogue and designated by Suffolk County Tax Map No. 1000-137-4-10.1, and to furnish, upon request, supplemental information in support of the application. Sincerely, Judy Lizewski STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of Suffolk ) State of New York ) I, Judie Lizewski, being duly sworn, depose and affirm that I am the owner oftbe property located at 145 Fleetwood Road, Cutchogue, New York 11935, and identified by Suffolk County Tax Map No. 1000-137-4510.1, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree to hold the Town of Southold and the Town Trustees harmless and free from any and all damages and claims arising under or by virtue of said permit(s), if granted. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter upon my property to inspect the premises in conjunction with the review of the present application. Sworn to before me this................~ day of...~.~. :.6..F.~...~. ........ 200...&.... Notary Public Monlca Cerise cOoU~if~d I, Su~;Tk Cou.tv ,~. mission Expires May ~9, 20~.~.~.~ AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Judie Lizewski, SCTM # 1000-137-4-10.1 STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, be'rog duly sworn, deposes and says that on the 7t~ day of October, 2008, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. Sworn to before me this 15th day of October, 2008. ~UAUFIED IN SUFFOCK COUNTY~ TO: October 7, 2008 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Judie Lizewski, SCTM #1000-137-4-10.1 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Construct dock: 4' x 26' fixed walkway, 3' x 12' hinged ramp, and 6' x 20' float. The project described above is proposed on property adjacem to yours. The street ad- dress of that property is as follows: 145 Fleetwood Road, Cutchogue, NY 11935 The project, which is subject to Environmental Review under Chapters 275 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 6:00 PM on Wednesday, October 15, 2008. You may contact the Trustees Office at 631-765-1892 or in writing if you wish to comment The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independem review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONENO.: Judie Lizewski 145 Fleetwood Road Cutchogue, NY 11935 631-734-7556 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. LIZEWSKI: ADJACENT PROPERTY OWNERS October 7, 2008 May 9, 2002 NOTICE NOT SENT (PROPERTY OWNER) 1000-137-4-10.1 Joseph & Judie Lizewski 320 Depot Lane Cutchogue, NY 11935 NOTICE SENT 1000-110-4-1 Charles G. & Judith Mogul 4905 Pcquash Avenue Cutchogue, NY 11935 1000-t37-4-8 Pauline W. Thurm 105 Fleetwood Road Cutchogu¢, NY 11935 1000-137.4-12.1 Neal A. McCarroll 5322 Avenue M Brooklyn, NY 11234 PROPOSED DOCK Fixed walkway 4' x 26' Hinged ramp 3' x 12' Float 6' x 20' .Z LOT / / AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Judie Lizewski, SCTM # 1000-137-4-10.1 STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 7th day of October, 2008, I personally posted the property known as 145 Fleetwood Road, Cutchogue, 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, which date is noted thereon to be Wednesday, October 15, 2008 at or about 6:00 PM. Sworn to before me this 15th day of October, 2008. Notary Public APPLICANT: JUDIE LIZEWSKI SCTM #: 1000-137-4-10.1 LWRP CONSISTENCY ASSESSMENT FORM (DOCK ONLY) Policy 1 [] YES Foster a pattern of development in the Town of Southoid that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of NVelopment. O [] NOT APPLICABLE The construction ora small private-use dock is consistent with the character of the waterfront community, and because of the relatively small area of the proposed dock it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and ac- cessed from private property. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 [] YES Preserve historic resources of the Town of Southold. ~NO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- tofic features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of activities of past civilizations. Policy 3 [] YES Enhance visual quality and protect scenic resources throughout the Town of Southoid. ~NO [] NOT APPLICABLE The structure proposed is low profile and will be inconspicuous in the proposed location. It is compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualities. Policy 4 [ YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the structure proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protec- tive features will not be adversely affected Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~NO [] NOT APPLICABLE The proposed project will not include a pump-out station nor will liquid or solid wastes be discharged into the water or wetlands. Disturbance of the creek bed dur- ing construction and thereafter during active use of the structure will be minimal. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~NO [] NOT APPLICABLE Although the shading resulting from the project structure may adversely affect the wetland vegetation immediately under it, efforts will be made in the construction to space the deck planking to permit some sunlight through. During construction, the indigenous plants will be protected insofar as possible. Although Cutchogue Harbor, including East Creek, has been designated as a Sig- nificant Coastal Fish and Wildlife Habitat, the proposed project is not inconsistent with Policy 6 of the LWRP or with Policy 7 of the NYS Coastal Assessment in- formation. Dredging is not proposed. The only intrusion into the wetlands will be the conslnaction of a short fixed walkway; no ramp and no floating dock are pro- posed. Both shores of this small, apparently man-made, inlet offEast Creek in the project area are developed with private waterfront residences, and at least four properties within several hundred feet of the proposed project have existing dock structures similar to that proposed. The incremental increase in shoreline development attrib- utable to the proposed project is not significant from the standpoint adverse impact upon wildlife, shellfish or finfish. The bottom in the immediate area of the project is not conducive to scallop or clam production. The area above the high water mark is not suitable for least tern or pip- lng plover nesting, and there are no osprey nesting sites in the immediate area~ Diamondback terrapin have not been observed in or near the project location. The project will have no adverse effect upon existing tidal patterns and there will be no degradation of water quality. A careful review of the physical, biological and chemical parameters listed in LWRP Policy 6 and NYS Policy 7 indicates that there are no conflicts with any of the parameters listed. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. No dredging, excavating, or filling is proposed. Policy 7 [] YES Protect and improve air quality in the Town of Southold. ~NO [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant amounts of new air pollution. The siting of the dock is such as to limit the usable size of the boat, and thus its engine. Policy 8 Minimize environmental degradation in the Town oif Southold from solid waste and hazardous substances and wastes. [] ws [] NOT APPLICABLr The project as proposed will not result in the generation of any additional solid waste. The handling and storage of pelxoleum products will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 [] YEs Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YES Promote sustainable use of riving marine resources in Long Island Sound, the Peconic Es~cy and Town waters. [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YES Protect agricultural lands in the Town of Southold. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 13 [] YEs Promote appropriate use and development of energy and mineral resources. [] NO ~4~OT APPLICABLE This policy is not applicable to the proposed project. 14-16-4 (2/87~--Text 12 I PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To he completeci by Applicant or Project sponsor) 1. APPMCANT/SPONSOR 2. PROJECT NAME James E. Fitzgerald, Jr. Lizewski house 3. PROJECT LOCATION: Municipality Cutchogue , county Suffolk SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent t~ndmams, etc. or provide map) 145 Fleetwood Road Cutchogue NY 11935 See attached~ maps. 5. iS PROPOSED ACTION: ~] New [] Expansion [] Modification/alteration s. PROJECT DESCRIPTION: Construct single-family residence with on-site sewage disposal system and private well; construct 4'x 35' fixed walkway dock with mooring pole. 7. AMOUNT OF LAND AFFECTED: Initially O. 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If No, describe Pdefly 9. WHAT IS PRE~ENT LAND USE IN VICINITY OF PROJECT? [] Besiaentlal [] Inauatrlel [] Commercial [] Agriculture [] Park/Forest/Open space [] Other ~edium-s±~.e p~±;at e 10. DOER ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? [] Yes [] NO If yes, list agency(a) and permit/approvals Required: k~YSDEC, NYSDOS, TJSACoE~ So~thold Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VA~ID PERMIT OR APPROVAL? [] Yes ~ NO If yes, II~t agency name amt psrmit/approyal 12. AS A RESULT OF PROF. O~c~ ACTION WILL EX]STING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BERT OF MY KNOWLEDGE James E. r~ld, Jr. ' ,Applicant/sponsor!"'~~nsme:' P:~"~'per-T .~ /~'~/'":~'(/~/~S e~.c e s/..~ --: / .Z If th~actlon Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 D.ts: l/'50/02 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 September 22, 2008 (631) 734-5800 Re: Application for Permit on Behalf of Judie Lizewski; SCTM #1000-137-4-10.1 Dear Sir: Attached are documents which were originally submitted on 4/30/02 in support of an application for a permit to construct a single-family dwelling and a dock on the property of Judie Lizewski in the Town of Southold. Proper-T Permit Services continues its representation of Mrs. Lizewski in this matter, and a letter of authorization is in the existing file. The Trustees issued Permit No. 6066 on 1/19/05. The house was constructed, but no work was ever done on the dock. The original permit expired on 1/18/07. Mrs. Lizewski would like to now proceed with the construction of the dock, and therefore this application is re-submitted, with the addition of the LWRP Consistency Assessment Form. If there are any questions, or if additional information is needed, please call me. Sincerely, / es E. i=ger Enclosures: Application Fee ($250) Letter of Authorization (4 copies) Notarized Statement (4 copies) Application Form (4 copies) LWRP Consistency Assessment Form (4 copies) Short EAF (4 copies) Vicinity Map (4 copies) Tax Map (4 copies) Project Plan (4 copies) Survey of Property (4 copies) a subsidiary of THE PECONIC EASTERN CORPORATION :O'AED C . ~ ToWN ~ ~EAWARD ~JMIT OF --/-~.Z / VI~ETATED W~TL-ANDS " LANDWARD LIMIT VEGETATED WETL.AND~ ./ ~TEP~ TO ~-'x / / / 1.9 / / · Fixed w~lkw~y ~-' x 2~' wiCh open-gr~'e decking · Hinged r~mp .3' x 12' · Floci' ~' x 15' JUDIE 1~-~ FLEEf%VOOD CUTCHO~UE, NY 11~ 1DOO-1-~7-4~ PAULINE W. THURM 105 FL.EETWOOD ROAD CUTCHO~UE, NY 11~5 ~13~EET ,ADDI;.E-~ OF F>~JECT' ~ITE: 1~/5 F'LEE"PA/OOO ROAD CUT~,HO~UE, NY 11.~35 CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp, and floating dock for private recreational pur- poses. DATUM: MLW IN: East Creek AT: Cutchogue COUNTY: Su~olk STATE: New York 1OOO4374-12.1 NEAL ,A. M CC. AI~.OLL 5~22 AVENUE M 3ROOKLh'N, Nh' 112.54- sCALE: 1" = 20' PROJECT PLAN AppLication regarding the property of Judie Lizewski, SCTM #1000-1374-10.1 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised March 8, 2010 j ¸%, FLOAT & x 15' · HIN~BO p.,AMI~ 3' x 12' LIMIT OF= CORPS OF ENGI2~EERS DATA PURPOSE: Co~druct fixecl open ~y, ~p, ~d ~o~g do~ ~o~ ~ ~e~o~ ~os~. DA~: CO~: S~o~ · .STA~: N~ Y~ ' · SCALE: 1/8' = 1" SECTION VIEW Application regarding thc property of Judi¢ Lizcwsld, SCTM #1000-137-4-10.1 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised March 8, 2010 SURVEY OF LOTS 8 & 9 MAP OF FI.EETWOOD COVE FILE No. ~263 FllrD JULY t, ~938 SITUATED AT I 4 CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S,C. TAX No, 1000-~37-04-10,1 _<f ' ' SCALE 1"=40' ~,~ MARCH 13, 2001 ,~ . APRIL lg, 2001 ~BEO EXI~NG SE~C ~EM ~,~Y ~Y 10, 2001 R~S~ S~ P~ ~ ~ ~ ~RIL 29. 2~2 ~D~ W~DS & ~POG~I~ SU~ .~'~-~ ~' ' ~,~ = ~.9..7~ ,,. ,,. ;~ -~ ~::;.:~Ill 'x ; ~~ -"" - ~ . , -- :~.~'1~ ~,~~~ , ,; ~4.~ .00 / ~. ~. ''FLEETWOOD, -- Surveyor ~~:.,?:~ ~'~'~ ~' :: ~~~ Board 0f Trus~;;s ~' ~;'~ ~ ~ ~ ~ (~1)727-2~ F~ (~1)727-t727