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Home My WebLink AboutMEK Realty Holdings, LLC-V/¢ /~// 7' Y ,,t/I,4 ~ c/o ,A R ),/ o /_ z:) .~).,d ~'-r° /,./ ~C'X',)M /~o- III- I,~- / t J I I J I I I Hyarograpnic Surveyed: 01-22-10 SCT# 1000-111-14-1 Wunneweta Pond Town: $outhold Suffolk County, NY Datum: Low Water ' ~'=~o, , N EA LEVEL MAPPING Box # 366 Aquebogue NY 11931 ROBERT H. FOX NY8 PL8# 5O197 Page 1 of 1 Standish, Lauren From: Street, Jennifer (DOS) [Jennifer. Street@dos.state.ny.us] Sent: Tuesday, April 27, 2010 11:53 AM To: Jensen, Stacey M NAN02; Sherri L. Aicher (slaicher@gw.dec.state.ny.us); Ter~, Mark; Standish, Lauren Subject: FW: F-2010-0227 for MEK Realty Holdings, LLC Attachments: F-2010-0227 WDR.pdf for · n I had prev ously cc d you all o a request for additional information, as well as LWRP coordination, the above mentioned project. The agent has since requested to withdraw the consistency certification for this proposal, see below. I have attached a copy of the DOS withdrawal letter for your files· Please do not hesitate to contact me of you have any questions or concerns. Jennifer Street (]oastal Resources Specialist Office of Coastal, Local Governrr~ep, t and Community Sustainability New York State l)epartment of State One Commerce Plaza, &rite 1010 q9 Was|~ington Ave. Albany, NY I2231 p:5 I8.474.1737 f5518,473.2464 } enni~:~'r. St rcet(~ dos.st ate.ny.us ~--'~] Please consider the environment before printing this email From: Jane P. Costello [mailto:janecmcc@optonline.net] Sent: Monday, April 26, 2010 l:04 PM To: Street, Jennifer (DOS) Subject: F-2010-0227 for MEK Realty Holdings, LLC Dear Jennifer: My client has requested that this application be withdrawn until further notice. If any additional information is needed or if you need a hard copy sent via USPS, please do not hesitate to contact me. Costello Marine Contracting Corp. PO Box 2124 Greenpo~,NY 1194q 631.477.1199 phone 631.477.0005fax 4/27/2010 DAVID A. PATERSON GOVERNOR TO: CC: FROM: SUBJECT: DATE: STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTI~S-VAZQUEZ SECRETARY OF STATE MEMORANDUM ~ ,~,; ~=~ Mark Terry, LWRP Coordinator, Town of S0Uth°ldt~t~.~i~ 2 ~ ~:sJ' Board of Trustees, Town of Southold /'~ Jenmfer Street, Coastal Resources Specialist, Consistency Review Unit, Office of C~o, astal, Local Government and Community Sustainability ***Please ~ote Our New Department Name*** NYS DOS #F-2010-0227 U.S. Army Corps of Engineers/New York District Permit Application, MEK Realty Holdings, LLC proposed installation of a residential dock, Wunneweta Pond, Cutchogue, Town of Southold, Suffolk County. April 21, 2010 Enclosed is a copy of the Federal Consistency Assessment form, permit application and supporting materials for the above-referenced project for your information and preliminary review for LWRP Consistency. Please contact me, Jennifer Street, at (518) 474-1737 (e-mail: Jennifer. Street~dos.state.n¥.us) to discuss applicable LWRP policies and concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved Town of Southold LWRP. Please also provide confirmation and/or a copy ora Trustees' permit if one has already been issued. We would appreciate hearing from you on this proposed project within 30 days (or by May 21, 2010). If we do not hear from you by that date, we will presume that you have no objections to the proposed project. CCi Costello Marine - Jane Costello COE/New York District - Stacey Jensen NYSDEC Region 1 - Sherri L. Aicher (1-4738-03958/00001) WWW.DOS.STATE.NY.US * ~=-MAIL: INFO.DOS.STATE.NY.US DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 April 21, 2010 LORRAINE A, CORTI~S-VAzQUEZ SECRETARY OF STATE Ms. Jane Costello Costello Marine Contracting P.O. Box 2124 Greenport, NY 11944 Re: F-2010-0227 U.S. Army Corps of Engineers/New York District Permit: MEK Realty Holdings, LLC c/o Arnold Barton, proposed installation of a 4' x 16' ramp up to a 4' x 35' level dock section with a 4' x 20~ "L" section at off-shore end and the proposed installation of one 8" diameter mooring pile. Wunneweta Pond, Cutchogue, Town of Southold, County of Suffolk. Began Review - Request for Additional Information Dear Ms. Costello: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information regarding the above proposal on March 15, 2010 and began its review of it pursuant to 15 CFR Part 930, Subpart D on that date. However, pursuant to 15 CFR Part 930.58, the following data and information is necessary to enable the Department of State to adequately assess the consistency of the proposed activity with the New York Coastal Management Program as expressed in the Town of Southold LWRP. The Waterfront Revitalization and Coastal Resources Act (Article 42 of the NYS Executive Law, 19 NYCRR Part 600) requires that activities proposed to be undertaken in the coastal area of a municipality with an approved Local Waterfront Revitalization Program (LWRP) be consistent with, and advance, the policies and purposes of the LWRP. For more information on the Federally adopted Town of Southold LWRP, please contact the Town Clerk or Town Planning Department. It is the position of DOS that a dock, built as an accessory structure to the primary upland use, is not considered to be water-dependent and is further defined in Policy 10 of the Town of Southold LWRP. A riparian landowner may exercise his/her right to wharf out in order to safely reach navigable waters in a manner that is reasonable and necessary. However from the information provided, there is no primary residence or structure situated on the subject property and therefore the need for the accessory structure has not been demonstrated. Policy 9.4 of the Town of Southold LWRP states "Assure public access to public trust lands and navigable waters." Policy 9.4 B states "Ensure that interference with passage along the shoreline is limited to the minimum extent necessary to gain access from the upland to the water." The current proposal, WWW.DOS.STATE.NY.US E-MAIL: INFO~DOS.STA3~5. NY.U S F~2010-0227 AD1 MEK Realty Holdings, LLC p. 2 which has not yet been demonstrated as necessary, does not provide for unimpeded passage or access to publicly owned underwater lands, foreshore or shoreline. Please submit information demonstrating whether the proposal is or would be reasonable and necessary, appropriate to the location, would interfere with public access, and include an analysis of reasonable alternatives to the proposed configuration and/or placement on publicly-owned lands and waters. This information is necessary for DOS to assess the consistency of the proposal with NYS Coastal Management Program as expressed in Policies #9 and # 10 of the Town of Southold LWRP. Please provide the information requested above within thirty days from the date of this letter (or May 21, 2010). Pursuant to 15 CFR Part 930.64(d), if the necessary data and information is not provided, the Department of State may object to your consistency certification on the grounds of insufficient information. Any additional information which you believe will facilitate our review of this proposal would be appreciated. Please contact me at (518) 474-1737 (email: Jennifer. Street~dos.state.ny.us) and refer to our file # F- 2010-0227 if you have any questions regarding this matter. Sincerely, Coastal Resources Specialist Consistency Review Unit Office of Coastal, Local Government and Community Sustainability COE/New York District - Stacey Jensen NYSDEC/Region 1 - Sherri L. Aicher (1-4738-03958/00001) Southold Town Trustees Town of Southold LWRP Coordinator- Mark Terry New York State L Check All That Apply: NYS Department of Environ- mental ConearvatJon --~ Stream Disturbance '-~ ExcavaUon and Fill in Navigable Waters '~ Docks, Hootings or Platforms ~'] Dams and Impoundment Structures [] 40! Water Quality Certification [] Freshwater Wetlands [~] T~lal Wetlands -]Coastal Erosion Nanagemeot --]Wild, Scenic and Recreational Rivem -]Water Supply --~ Long [slaed Well r']AquaUc Vegetation Control [] Aquatic [esect Control [~ Fish Control US Army Corps of Engineers ~ Section 404 Clean Water Act _J Section 10 Rivers and Harbors Act ~ Nationwide Permit(s) - IdenUfy Number(s): ~ Preconstruction Notification - I-1Y/ID" N¥$ office of General Se~vice~ IState Owned Lands Under Water) --~ Utility Easement (pipelines, condulte, cables, etc.) E~] Docks, Noorings or Platforms NYS Department of State ~"~ Coest~l Consistency Concurrence 3OZNT APPLZCATI'ON FORM UAR 010 wate~di~, wetlands, ~1 a~s and sou~ of water supply. ~e Pe~i~/D~lnafio~ mu~ be ob~l~ f~ e~ invelv~ agen~ US ~y ~ of Name of ~ name) ~ i ~[ ~ ~O~GS, ~C ~ Owner ~ O~r ~ ~see S~et Addm~ ([f applier ls NOT an i~lv~ual): Post Office City State Zip Code Telephone (daytime) GARDEN CITY NY 11530 516.535.5735 N~'-,-'_ of Fad#ty or Property O'.vnet, if different than Applicant Email 3treat Address Post Office City State Zip Code Telephone (daytime) Email 4. C~n -'=~'L/Agent JR~]g p. COS~nLO Street Address PO BOX 2124 Name COS'~T.r~ MARIN~ CONTRACTING Post Or,ce City GREENPORT State Zip Code TeJe~hu,,a (daytime) Email NY 11944 631.477. 1199 jan.~.~c&opt~n]4ne.net 5. ~'~-G~.~ / r&G;;Ey ~:..-::~ Property Tax Nap Section / Bk~ck / Lot Number MEK PJ~ALITY HOLDINGS, LLC - DOCK 1000-111-14-1 Project Location - Provide directions and d;~a,,eas to roads, bridges and bodies of waters: Street Address, If applicable 5345 VANSTON ROAD Post Office Oty State Zip Code Telephone, if applicable Emall c-~.lT C3{OGT~ NY 11935 531.765.8167 Town / Village / City Jceuoty SOUTHOLD TOWN J SUFFOLK Name of USGS Quadrangle Map JStream/Water Sody Name SOUTHAMPTON J WUNNEWETA POND I.oG~.iun Coordinates: ~,-,~c, NYlqVls in kilometers, OR Latitude/Longitude in degrees, minutes, seconds NYTM-E NYTM- N ~ :40. 998 W: 72.449 If applicant is net the owner, both must sign the application. herewith Is true to the best of my knowledge and belief. I hereby affirm that Information provided on this form and all attachments submitted False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the ~nal Law. Further, the applicant accepts full responsibility for all damage, direct or Indirect, of whatever nature, and by whomever suffered, arising out efthe pro~ect described herein and agrees to indemnify and save harmless the State from suits, actions, damages and costs of every name and description msulUng from said project. In addition, Federal Law, 18 U.S.C., Section 100! provides for a fine of not more than $10,000 or impdsuflment for not more than 5 years, or beth where an applicant knowingly and willingly falsifies, conceals, or covers up a~m~erlal ! makes or uses a false, fictitious or fraudulent statement. Printed Name 'title Date Printed Name -- Title Date JANE p. COSTELLO PERMIT MANAGER JOINT APpI I'CA'T~ON FOP J4 05/08 USACE Number: Application Form Page 2. of 2 JOINT APPLICATION FORM - PAGE 2 OF 2 Submit this completed page as part of your Appl/caUon. 7. ;~o]~c~ ~ ;~-'-'~,i and Purpose: Provide a complete narrative des~ ;pLion of the proposed work and its purpose. Attach additional page(s) if necessary. Include: description of current site condlUons and how the site will be modified by the proposed project; structures and fill materials to be Installed; type and quantity of materials to be used (i.e., cubic yds or square ft of fill material below ordinary high water, or of structures below mcan I~lgh water); area of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipmen~ to be used; ' where applicable, the phasing of activities, pollution control methods and mitigation activities proposed to compensate for resource Impocts; and C~NSTRUCT A 4'X16' RAMp OI'tTO A 4'X35' LEVEL DOCK SECTION WITH A 4'X20' "L" SECTION AT OFFSHOR]g END. I~TALL ON~ 8' DIAMETER MOORING PILE. Proposed Use: [~ Private [] Public [] Commercial IWill Protect Occupy Federal, State or Municipal Land? IIf¥ca, plcase spech'y. STAT~ UNDERWATER LANDS Nas Work Begun on Project? [] Yes [] No If Yes, explain. [~Yes LJNo ~ro.r~ Start Date: SPRIng 2010 IEstimated 8. List Previous Permit/Apv;;~un Numbers (if am/) and Dates: Completion Date: 10 WORKING DAYS AF'rl~t START 9. Will this project require additional Federal, State, or Local including zoning changes? ACOE, ~SDOS, NYSDEC, SC)TJ'i~O~D ~i TRUST~:$S ] Yes [] NO 10. P~ on tho ~'~' '";L~ and de~i,i~ir,-;A,,~ requested and project lacaUon, ch~.k all the hoxes corresponding to each of the Agencies and Offlcas to which you are filing an appliceUon. For Agency addresses and areas Covered, refer'to the Agency Contact ~oformaUon on the Application Instructions - Page 2. ]RREGEGION i Stem/Brook ION 2 Long Island City c%REGION 3 New Palt:z ON 4 Schenectady N 4 Stamford Sub-Office [~NY$ Department of Environmental Conservation REGION 5 Ray Brook REGION 5 Warrensburg Sub-Office REGION 6 Watertown REGION 6 Utica Sub-Office Army Corps of Engineers ~NYS Department of 5tata REG~Ofl* 7 Syracuse REGION 7 Cortland Sub-Ot~flce REGION 8 Avon REGZON 9 Buffalo REGION 9 Allegany Sub-Office E~NYS Office of General DETERHI'NA'rZON OF NO PER. HTr REQUIRED (Agency Name) Agency Pro~ect Number . has determined that No Permit is required from this Agency for the project described In this application. ~Jency Representative: Name (printed) Signature __ Date .~OINT APPUCAI~ON FOR/4 05/08 Appl~ Form Page 2 of 2 6t7.~0 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Proiect Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME MEK ~TY HOLDINGS, LLC c/o ARNOLD BARTON / MEK REALTY HOLDI~qGS, LLC - DOCK 3. PROJECT LOCATION: Municipal'~j CUTCHOGUE, SOUTHOLD TOWN County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5345 VANSTONROAD, CLrFCHOGUE, NY 11935 SCTM #1000-111-14-1 LAT/LONG: N:40.998/W:72.449 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A 4'X16' RAMP ONTO A 4'X35' LEVEL DOCK SECTION ~/l'fH A 4'X20' "L" SECTION AT OFFSHORE END. INSTALL ONE 8" DIAMETER MOORING PILE. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~] Yes LJ No ff NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Desc~ae: PRIVATE RESIDENTIAL WATERFRONT [] Agriculture [] Park/Forest/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 L_J No ff Yes, list agency(s) name and permit/approvals: ACOE, NYSDOS, NYSDEC, SOUTHOLD TOWN TRUSTEES 11. DOES ANY ASPECT OF THE ACT ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~ Yes ~ No If Yes, list agency(s) name and permit/approvals: •Yss []No , CERT,~ THAT THE,.FOR~T,O. PRO~DED ~OW,S ~U~ TO ~.E BEST OF MY ~.O~ / _ / / o~: If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II. IMPACT ASSESSMENT (To be COmPleted,by,~d-AgenCy) A. ~_.ES ACTION EXCEED ANY TYPE I THRESHOLD iN 6 NYcRR~i~Yi~?~.4~~'~ Ifye~, coordinate t~e review process am:l L~ th~ F:II//r:/~p B. W1LL ACTION R ), a negath~e C. C_O.U L_D ACTIO.N RESULT IN. ANY ADvERsE EFFECTS AssOCIATE? WITH THE FO .~LL.OW1NG: (Artswe~s may be be~dvaitten, if~eg[ble) potentlel m~ erosion, drelnage or flooding problem? IE~pla~ bdel~. . ~,; . r --- C2. Aesthetic, agricultural, archaeological, h~todc, or other natural or cu~uml re~oum~; or community or neighborhood chair? Explain bdelly: C3. egetatlon or fauna, f~sh, shellfish or v, tld[~fe spectes, significant habitats, or threatened or endangered species? Explain bdel~. C6. LO~ term, sholl term, cumulallve, or ~tber effects rx)t Idonfllfad In Cl-C57 Explain C7. Otter impacts (incJuding change~ in use of ellher quanlity or t./pe of ~ .e~ergy)? ~ n b,~,~ WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABL SHMENT OF A CRITICAL ENVIRONMENTAL AREA [CEA)? [] Yes [] No If Yes, explain briefly: * E. IS T~, ,r',%'-, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS? [] Yes [] No If Yes, explain briefS: PAC..T, I. II~u~,~, -.~;-~.~.--' ~ON OF SIGNIFICANCE (To be com,leted by · elTec~JdentJf'mdab°ve, determinewheltmrit~msubstantial la ·im n · ' · effecl sho~kl be assessed m conne~n ~ ~ ~'a) setfl4~ / ,. ,,~ ....... -, ~ .~..~,.~..,..~rg , .porta t or other~se s~gnificant Each geographic scope; and (f) mannitUde lf~-~ e-~tl~,-~(~-~a-~ ~"~-"?-L~v/~uuu,.,,~:x ,.,~occumng; (c) duration (d) irrevemib ~; (e) suffic, ant detod to show that all relevant adve .~.~,~. k,,,,., ~.~,. ~..,= ..... ~ _~:u _1~. ?g. ,materia.le... Ensure that explanations contmn ~ Ye~, the determination of $1g nffica ncc mult-eveluati~ ~11 ~,1. ;~.~;~.?,~._~u~ ~. Irquesti?~, D of Part II was checked Name ol' Le~l Agency DaM Pltnt or l~Pe Name °f R~*'I mib~ Offic?l/in Lem:l A0erlcy PRIVACY ACT STA ~ tMIENT 4. pFm~de a copy of eny ~ impact M or any M~er m~mm~m~mm m m~mmm~mm~ mm ~m~mmmmm~mm~m~m~m ~m ~mmm~mm~ m m (m~m~mmmm~ m mm~mm~m~ ~. lmli~ M soum.(s) m~d tsl~s) ofm MmM' Page4 YORK ~TATE DI~ARTMENT OF ~I'ATE COA~AL MANAGI~ENT PROGRAM F..A,~ C~-.,~ Azsessment Form C. COASTAL ASSF, SSlV~NT Chec~ e~ther ~'ES' or 'NO~ for ,~ of ~hese quesd~ms. The number~ following each queslica ~fe~ to ~ Ix~lidgs desc~bed in the CMP dccume~ (see ~ ~ ~e ~) ~ ~ ~ ~ 1. Will the pmpmed amvity result in any of the following: a Large physical ,'l~n~o~ to a site within the cosstal area which will require the ~*~:cm of ~m eavir~rn~t impa~ st~m~. (11, 22, 25, 32, 37, 38, 41, 43). ~,-,~ v/a~r or coas~l wam~ (2, 11, 12, 20, 28, ~, 44) .......................... c. P.~i-~on~slevelol~*ofa&miomedormdep,~lwam*5-o~si~e7 (1) ...... d. Reductimofexis~gor~publicaccess~ooralc~scoa~sl~,-~ (19,20) ...... e. Adver~t~a~omm~nx:ial~'recreafionalme~:ffcoas~fi~h~oux,.~o. (9,10) ... £ Siting of a faci]~ essemial t~ fl~ ~plor~a, devel~ and producii~o of ~e~y ~sou~,gsia coaslal wa~ or mih~ G~i~ C~,,,,~l She]/? (29) ................... g $itingo~afacaity~,~i,~totheger~ilmo~lmumissio~ofmergy? (aD ........... ~ wa~. 05, 35) .................................................... i. ~guoftoxic~,l~ardoussubs~mcesorotherpolb~mt~h~ocoas~lv.,am~? (8, 15,35) j. D~-~ofs~,,~,,a~rmnofforsew~overltov~imocoasUlwa~rs? (33) ............ lc Tmupon, aorage, l~.:-',,~, ordisposalofsolidwas~sor~-~dous-,,~,ials? (36,39) . L ,~ve~e~Ul~n]aadorwa~ruseswiil~heSm~'s~m~lharlx~? (4) ............ 3. Wrdl lt~ ~ovos~d activity requke any or,he followin~g: k Provision of new public services or infraslructure in undeveloped or spm~ely smims oflhe co~al a~a? (5) ............ c~ C~m~ion~rec~stmclicslofaflood~rerosioncommlsm~ure? (13, 14, 16) ....... d. Statev,,~mqualitype,,u~torcer~cafim? 00,38,40) ............................ / e Stateairqua~ypermit~rcmi~ati,~? (4L43) .............. · ................... -- 7' 4. Will the propased activity occur wilhiu and/or affect ~ area cove~ed by a St~e ~i,~,oved loca1 ~,,~.fi~: rm'i~l!~i,m pro~.u~? (see policies in local prognun doomv~) .............. ,/ D. ADDITIONAL STEPS 1. If all oflhe quesficm/n Seclic~ C a~ mswer~l "NO", ~ Ibc applicant or agency shall complete Sectic~ E and submit ~he ~oo~ac~ required by Secfiou F. ~1~ compile Section E and submit the doo~_~m req~red by Secfic~ F. E. CERi~iCATION ~ proposed ~ivity cc~nplies wflh New York Sta~'s ~wved Cc~st~l M~t Pro~a~, or wifh fl~ ~plicablo appwved local w~orfront rovital/z~ion program, and will be c~n~-cted/n a mmm~ om~t~ ~ F. SUBM/SSION P, EQ~ 1. The applicanl or a~ent shall submit lhe foIlowi~ doc~m~ ~ the New York Stale Dep~1~ent of SiaM, Divisiim of Coastal P.~om~, 41 S~a~ S~'~t - 8ih Hoer, Albany, New York 12231. 3. If th~ a~ my quest/c~s mgard/~g ~he subm/ss/on of th/s f0rm, ccmac~ lhe ~ of SW, e at (~ 18) 474,-6000. Coastal Policy #2: Fadlitat~ the sit~KI of watmr-de~mndent u~es and facililMs on or adjacent to coastal mrs. Policy #2Z: W~t and w~lm-mtl~mcl~ recreation will be encouraged and facllabK~ and ~dll be given INtOdty over non' water-rela~Bd u~ed along the coast. Re: Coastal Policies # '/~. COASTAL POLICY #12: ACTIVITIES OR DEVELOPMENT IN TI-[E COASTAL AREA WILL BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND EROSION BY PROTECTING NATURAL PROTECTIVE FEATURES INCLUDING BEACHES, DU,nqES, BARRIER ISLAND AND BLUFFS. COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING ,, JETFIES ° BULKHEADING · STEEL & WOOD PIUNG · FLOATS 423 FIFTH STREET · RO. BOX2124., GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 ._AOTHOR'f~.&'F[ON I~ORM' Busin~s/Pro~y,Name. · do hereby give Cos~ello Marine Contmofin§ Corp. ~he authorily to act as agent in my behalf in applyin§ for all of ~ ~ permits for work to be completed at my above referenced prop~. 7 I//¢/),//7'~'/t//A~). I L Hyarograph c Map Surveyed: 01-22-10 SCT# 1000-111-14-1 Wunneweta Pond Town: Southold Suffolk County, NY Datum: Low Water N LAPPING )x# 366 luebogue Y 11931 )BERT H. FOX ~ PLS# 50197 Cutchogue 10/23/09 Arnold Barton Vanston Road 1/22/10 Arnold Barton Vanston Road 1 i22/10 Arnold Barton Vanston Road 1/22/10 Arnold Barton Vmston Road 1/22/10 Arnold Bar~on Vanston Road 1/22/10 Apr 21 10 09:27a Gall Kar p.1 Gall A. Kar 750 Littl~ P¢conic Bny Ro~d Cutchogue, IqY 11935 (631} 734-2921 lox (631) 734-2080 qk~rcpn~mail.com April 21, 2010 So~Jthold Town Board of Trustees Main Road Southo[d, NY 11971 By fax:. (631) 765-6§41 Gentlemen, It has come to my attention that there is an application to be heard this evening for a property located on Vanston Road, Nassau Point, Cutchogue. The application requests a permit for a 4' x 35' dock, 4' x 16' ramp and 4' x 20' L Section. The property owner on record is MEK Realty Holding LLC. As a resident of Wunneweta Pond and former officer of me Wunneweta Pond Association I would mike to bdng to attentJo~ a former application for a sill!ar dock arrangement by property owner Kasschau which I believe was on a right of way adjacent to this property. This application was clearly denied due to the fact that i~s construc'don would impede the channel of the pond. The application was withdrawn after in inspection by EnConsultante, Inc. confirmed the location of We channel. UnforaJnately I will r~ot be able to attend this evening's meeting, but respect'~ully request that this application be denied ss determined by the Board of Trustees ~ecision concerning previous application(s). Regards, Gail A. Kar Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 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., April 14, 2010, the following recommendation was made: MEK REALTY HOLDINGS, LLC to construct a 4'X 16' ramp onto a 4'X 35' level dock section with a 4'X 20' "L" section at offshore end. Install one 8" dia. mooring piling. Located: 5345 Vanston Rd., Cutchogue. SCTM#111-14-1 The CAC did not make an inspection, therefore no recommendation was made. Jill M. Doherty, President James F. King. Vice-Plesident Dave Bergen Bob Ghosio. Jr. John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (63 l) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: MEK REALTY HOLDINGS, LLC requests a Wetland Permit to construct a 4'X 16' ramp onto a 4'X 35' level dock section with a 4'X 20' "L" section at offshore end. Install one 8" dia. mooring piling. Located: 5345 Vanston Rd., Cutchogue. SCTM#111-14-1 ~eof area to be impacted: altwater Wetland Freshwater Wetland Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~C_hapt.275 Chapt. 111 other Sound Bay Type of Application: ~- Wetland __Coastal Erosion ~Amendment ~Ad ministrative__Emergency __Pre-Submission __.Violation Info needed: Modifications: Conditions: Present Were: ~J.King~-'.-~JTDoherty'~--_~-J. Bredemeyer B.Ghosio, ..~--~ D. Dzenkowski other Form filled out in thhf!eldrl~Y Mailed/Faxed to: Date: Arnold Baixon Va~ston Road 1/22,d 0 Vanston ~oad b'22/!0 Vanstot~ Road ,._2,,10 Arnold Barton Vanston tkoad 1/22/I0 Anao!d Barton Vz~ston I~oad FROM : COSTELLO MARINE CONT. PHONE NO. : 631 477 8885 Zun. 08 2010 11:24AM P2 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING * JETTIES · BULKHEADING ' STEEL & WOOD PILING · FLOATS 423FiF'IHSTRE~T · RO. BOX2124 · GREENPORT, NEWYORK11944 ' (631)477-1199/477-1393/477'0682 FAX (631) 477~005 ]tme 8, 2010 Sou,hold Town Trustees PO Box 1179 SouiholdiNY 11971 Soothhol~ Tow~ MEK Reslty HoldingS, LLC 53~b5 Vaaston Road, Cutchogae SCTM #1000-111-14~1 Dear Trustees: I would like to withdraw the application submitted for the above-referenced client. At this time, thc client no longer wants to pursue construction of a dock at this location. If any additional intbnnation is needed, please do not hesitate to contact me. Sincerely, FROM : COSTELLO MARINE CONT. PHONE NO. : 6~1 4?? 0005 Jun. 08 2010 ll:24AM P1 COSTELLO MAI~NE CONTRAC1]NG CORP. DATE: TO: PHONE: FAX: FROM: PHONE: FAX: JUNE8,2010 Sot.rFHoLDTOWN TRUSTEES 631.765.1892 631.765.66~1 lANE C051 ~LLO C05TE~O MA~NE 631.477,1199 631.477.0005 JUN - 8 2010 Suuthhold Town Board of Trustees RE: MEK Realty Hoklings, U-C 2 pages total with cover letter 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: Jill Doherty, President Town of Southold Board of Trusteet~ From: Mark Terry, Principal Planner LWRP Coordinator Date: April 20, 2010 Re: Proposed Wetland Permit for MEK REALTY HOLDINGS, LLC SCTM#1000-111-14-1 Costello Marine Contracting Corp. on behalf of MEK REALTY HOLDINGS, LLC requests a Wetland Permit to construct a 4'X 16' ramp onto a 4'X 35' level dock section with a 4'X 20' "L" section at offshore end. Install one 8" dia. mooring piling. Located: 5345 Vanston Rd., Cutchogue. SCTM#111-14-1 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 me, it is my recommendation that the proposed action is INCONSISTENT with the LWRP and listed policy standards provided below. Dock location Lower water depth Bottom scarring Figure 1. Subject pamel showing, navigable channel, bottom scaring and Iow water depth. 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: [2] 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 length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. Additionally, aerial photos indicate that the location of the proposed dock is frequently used by vessels. Based upon aerial photos the location of the dock is proposed in an unmarked navi.qable channel that serves vessels. It is apparent that the construction of the 55' dock structure will hinder or obstruct the vessel navigability in the navi.qable channel due to lower water depths to the northeast. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; See above comment. [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 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 non-disturbance buffers. It is recommended that in the event the action is approved, a significant non-disturbance buffer (equal to or .qreater than 30' in width from the tidal wetland line) be established to mitiqate the local impacts from the dock structure. ~I] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or she#fish; [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 The construction method has not been identified. § 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate project area. [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. Limit 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 l~Wetland Permit Application Administrative Permit Amendment/Transfer/Extension ~R~ec~ved Application: leted Applic;,tion __Incomplete __SEQRA Classification: Type I Type II Unlisted Cff~rdination:(date sent) ~w~.~ Cons~s~cy A~ent Fo,m ~C'AC Rcf~l Sent: ~/It~J ~4~1~ of Inspection: __Receipt of CAC Report: __Lead Agency Determination: Technical Review: --_.4~blic Hearing Held:l_~0.L~ Resolution: PhoneN~ber:( ) ~t~' 5~'~ Suffolk CounW T~ Map Number: 1~0- Ill - I¢' / Pro~ Location: ~46 V~S~ ~d ~mvide LILCO Pole ~, disUSe to cross s~ets, ~d l~ation) (ff applicable) ~ho~: t~l- &77 - llqq Board of T~ustees A~plicati~ GENERAL DATA Land Area (in square feet): ~/f~ Area Zoning: 2- v oususeofprope y: Intended use of property: Covenants and Restrictions: Yes No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permitJapproval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): {/_rft~ltt'.[ & 4~ i[_a' ~o&rd of Trustees Applicat'~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: !~ square feet Percent coverage of lot: Closest distance betwepn nearest existing structure and upland edge of wetlands: NI/~ feet Closest distance between nearest proposed structure and upland edge of wetlands: C3 feet Does the project involve excavation or filling? X No Yes lfyes, how much material will be excavated?_~cubic yards How much material will be filled? ~l b cubic yards Depth of which material will be removed or deposited: gl ~ Proposed slope throughout the area of operations: ~l fi; Manner in which material will be removed or deposited: NI Pc 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): ~oard of Trustees A~plicatO County of Suffolk State of New York DISpOSEs AND AFFIRMS ~HAT HI~/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HERETO ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, 1 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 '~' -~/otary Publi~/ v CYNTHIA M. CUSATI I~!ot3ry PfJblic, State of Commiss 0n ~pires Oct 20'Il Jill M. Dohetty, President James F. King, Vice-Pre~idcnt Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 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 FOR THE LOVE OF FAMILY, LLC COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 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 heating. Date of hearing noted thereon to be held Wed.~ April 21~ 207 on or about 6:00 PM. Dated: (signat~e) ~ Sworn to before me this ~q/~' dayof~ 20010 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PIUNG · FLOATS 423 FIFTH STREET · RO. BOX 2124 · OREENPORT, NEW YORK 11944 · (631) 477-1199 /477-1393/477-0682 · FAX (631) 477-0005 AUTIIORI~,&TION I~)RM B~o}~ Hame.. ~ h~ ~ve C~Ho ~ ~n~ ~. ~ ~dW m ~t ~ ~ in my ~f ~ ~1~ for ~ of~ ~ ~-~ for ~ ~ ~ ~mpl~ at my a~ve 6t7.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be comp!e~_e0 by A~pIIcant or ProJect Sponsor) 1. APPLICANT/SPONSOR /2, PROJECT NAME MEK REALTY HOLDINGS, LLC cio ARNOLD BARTON / MEK REALTY HOLDINGS, LLC - DOCK 3. PROJECT LOCATION: Municipality CUTCHO~UE, SOUTHOLD TOWN County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5345 VANSTON ROAD, CUTCHOGUE, NY 11935 SCTIvl #1000-111-14-1 LAT/LONG: N:40.998D~:72.449 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A 4'X16' RAMP ONTO A 4'X35' LEVEL DOCK SECTION WITH A 4'X20' "L" SECTION AT OFFSHORE END. INSTALL ONE 8" DIAMETER MOORING PILE. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: PRIVATE RESIDENTIAL WATERFRONT [] Agrlcuiture [] ParidForest/Opan 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 If Yes, list agency(s) name and parm~approvals: ACOE, NYSDOS, NYSDEC, SOUTHOLD TOVv~N TRUSTEES 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No ,CERT.' T.AT T.E ,.FOR~T,O. PRODDED ~OVE,S ~"UE TO T.E SEST DP MY K.OW~EO~. / . / / ~,i~on.. ~ O D ~ TON, ~ER D~: S~namm: OVER PART II- IMPACT ASSESSMENT {To I~omp etld b~ Liar Agency) A. ~s~ES..ACTION,~...E~CEED ANY ~PE I THRESHOLD IN 8 NYCRE,' ~j~,~:~ >~ If yel ~ordinete the m~ew pro.ss and use ~e FULL ~F. C. COULD ACTION RESULT IN ANY ~VERSE EFFECTS ASSOCIATED ~TH THE FOLLO~NG: (~s~m ~ay ~ han~lEen, if legible) Cl. ~.~, ~?~ or g~r qullfl or~uln~ty, nolle love!l, exlltln~ ~m= peffem, solid waste pr~uctlon or disposal C3. V~eta~on or fauna, fi.h, ~hel~.h or ~ldll~ I~e~, slg~fl~nt habEatl, or ~ma~n~ or endange~ ~aes? ~plaln bde~: 04 .A communitys e~lng plans or g<~l! Im oftlct~l¥ a~3ptecl, or I ct~nge in u~ or Intenaity of u~e of Ii~:l or o61er ~turl] rel~Jrces? E.~)laln bdefly: C5. rowth, aub~equen dave opment, or r~lated e~vlttel likely to be Induced by the propo~bo a~on? Explain briefly: C6. Long term, short term, Cumulative, or other effe~t~ not Identified In Cl-C67 Explain briefly: C7. Other Impacts (inciu~ing ~ange~ i~, use of elthe~ quantity or type of er!ergy)? E~ e n b~efl :). ~LL THE PROJECT HAVE AN. IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABL SHMENT OF A CRITICAL i . ENVIRONMENTAL AREA (CEA)? 'D [] Ye~s No If Yes exp sin briefl: ~' ,.'-;-:='~ E. IE THERE, OR 18 THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yea [] No if Yea, explain briefly: P ~A~.~I_II_:_' DETERMINATION OF SIGNIFICANCE (To be ~ompleted by en ~: , , INITI~UCFION$: Foreech adverll e~,.--=---.-, ..... ~,,=- ~ _.Ag., .,(3'/): ,.~.,, .:r ~',. ~, ,,:,. ~ !; ~ .... ,,~.Huv.un~ egove, oltermlnewrtether Jt fl! eubltantial, large, important or otherwise significant. Each ~ ge~_ .mphlc .a:~e; end (f) rna nltixl .~ 'If ~_~t~l , .~ !)l (b). l~lt~blllty ef,o~c~nlng, (c) duration; d irreverslbiiJ ' ' sure.ant g ~ heretics/, a~d [t~Chrnentt or reference eu ~n m ( ) ty, (e) detail ~ IhOW that tll rlleVlnt Idv-m- i..,..,,v. ~...._. ........... PI~O. g etlrial$. Ensure that · lanatlona cent ; yea, the determinltion of a~nm=n,.- rn, ,*,';::*; ~';'-"",~7--"',"-"-~'~-' !~trm..~.lr~g !~l<lvl~y .clCre~ecl, If question D of P~rt ~I Of ~.~'l~;~lo~ on th~l~,~lronnlental characteristics of the CEA I I ~.?:~__m?.t °Ox.l~ you nave Identified Cna or more potentially lama or alanm~,..+ ~,.~.--... ,_......: ........ , -- Che~x this box tfyou have detarmlnad, ba~ed on the Information and anal/ill ibove ind any lUpportlng doc, umentetion, that the proposed action WILL [] NOT,. .,n a.y ANP,., ,~ ,,,~l~*l~ ~q~lrr~l~ll~rle<:llltaly, there~lonaaupport~ngth~tieterminatJon Name of Lear~ A~enoy ':~ , '"': Date , Pnnt or T'/Pe Name of ~elponarote Ofllcer i~,Lea~ .,~len~ .... PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the rev~w process and use the FULL EAF. r~Yes r~'l No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by aeothe~ involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if leglbte) C1. F-~dsfleg air quality, surface or groundwater quality or quantity, n~lee levels, exls~g baltic pattern, solid waste prnduc~on or disposal, potential for ero~on, drainage or flooding ixoblems? Explain brteEy: C2. Aestheac, egifoutiuml, archaeological, historic, or other natural (~r cultural resources; or community or neighborhood characler? Explain briefly: C3. Vegetation os- fauna, fish, shellfish or wildlife species, significant habitats, or thmatseed or endangered species? Explain briefly: C4. ~ c~nrauniW'~ existin~ ~lan~ o~ ~oats ~ off~li~ adol~d, or e cbanfle in ~ or Int~ ot u~ o~ tsnd ~ nth,r na~and ~our~$? ~x~ain C5. Growth, subsequent development, or related activities likely to bo induced by the proposed actieo? Explain briefly: C6. Lor~ term, shod t~rm, oumetstivo, or ntbor ~ff~,~l~ not ~ntified in Ct-Of? F~ain bflotiy: C7. Other Impacts lJnciuding chan~es in use of either q uantit~ or t'~/pe of ener~l),? Explain brieti),: 0. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITIC.~ E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TOPOTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidentifiedab~ve'detarminewfmtheritissubstan~a~a~e~imp~rtant-~r~thenvisesigniticant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (f) magnitude. If necessa~j, add attachments or reference supporting materials. Ensure that explanations contain suftid, ent detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of pa~t ii was checked yes, th · determination of signtiica nco must evaluate the potential impact of the proposed action on the environmental chamcterlatids of the CEA. Check this box if you have iden6fied mm or more potentially large or significant advome Impacts which MAY eoeo~. Then proceed dlrec~y to the FULl. FAF and/or prepare a positive dedaratleo. Check this box if you have determined, based on the information and anal'r=is above and any seppora~g documentabon, that the proposed actior WILL NOT result in any significant adverse envimnmefltal impacts AND provide, on attachments as necessary, the masons supportiog Ifg.~ determination. Board of Trustees Name of Lead Agency Jill M. Doherly Print or Type Name of Responsible Officer in Lead Agency Igna re o esponsi~le Officer in Lead Agency President Title of Responsible Officer Signature of Preparer (If different from responsible officer) Jill M. Doherty, 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 (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 MEK REALTY HOLDINGS~ LLC COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I,. /6L~'-~(t3~E!II~ , residing at/dba (°~--~[1(3 being du~-y sworn; de'pose and s~a-yi ~ That on theq'+~, d~ay of /~l, .~ 201 O, I personally posted3he property known as by placing the Board of Trustees ~fficial p-ostexr~h~r~ 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 heating. Date of hearing noted thereon to be held Wed.~ April 21~ 2010 on or about 6:00 PM. Dated: Sworn to before me this CYNTHIA M. C~SATI Notary Public, Stat~ of New York No. 01CU6100507 Qualified in Saffolk County,, Commission Expires Occt 20 II MEK Realty Holdings, LLC 5345 Vanston Road, Nass~l~oint Po~ed 4/6/10 I PROOF OF MAIl,lNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Nanle: Geraldine Ferend John & Kathy Spicer Glendalough Properties, Inc. c/o Barbara Braatz Christine Hunt Address: 24 Thoreau Road, Lexington, MA 02420 443 Highbrook Avenue, Pelham, NY 10803 19t8 Wilshire Drive, Durham, NC 27707 5700 Vanston Road, Cutchogue, NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK JANE COSTELLO , residing at 760 CHESTER ROAD, SAYVILLE, NY 11782 , being duly sworn, deposes and says that on the 12TH day of APRIL ,2010, deponent mailed a tree 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 GREENPORTt NY 119q4 , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn toJ~efore me this i t-I ~ Day of ~--~.~.~?~A ~ .20 \ (-~) Notany PJBIic, State of New ,urk No. 0lC J6l~. Quali,ied in ~ffol~ C~un~ Commission ~pires Oct 20~ f'~;raldine Ferend 24 Thoreau Road Lexington, MA 02420 $ ~44 Postage TOtal Postage & Fees or c~ Christine Hunt ~ 5700 Vanston Road Cutchogue, NY 11935 j ~ ~.61 0944 p, etum Recd4~ Fee /.*~o~"~,'~ ~ Hem c/o Barbara Braa~ x..q ......... ---------~ 1918 Wilshire Drive Durham, NC 27707 ~~C~AL USE Postage '$0.61 0944 Certh3sd Fee To~l Potage & Fees John & Kathy Spicer 443 Highbrook Avenue Pelham, NY 10803 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: MEK Realty Holdings, LLC SCTM # YOU ARE HEREBY GIVEN NOTICE: 1. a 1000-111-14-1 That it is the intention of the undersigned to request Permit from the Board of Trustees to: Construct a 4'x16' ra~ onto a 4'x35' level fixed dock with a 4'x20' "L" section at offshore end. Install one 8" diameter mooring piling. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 5345 Vanston ~%oad, Cutchogue, NY 11935 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 A~ril 21, 2010 at 6:001~m. 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: MEK Realty Holdings, LLC c/o Arnold Barton 30 Franklin Court Garden City, NY 11530 Enc.: Copy of sketch or plan showing proposal for your convenience. ~IBJo 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 Apfill4,2010 Southold Town Trustees PO Box 1179 Southold, NY 11971 APFt ! 6 23i0 MEK Realty Holdings, LLC - 5345 Vanston Road, Cutchogue Benjamin & Jocelyn Suglia - 4639 Still~. ater Avenue, Cutch~ David & loanna Moore - 21075 Soundwew Avenue, Soutlmki Dear Lauren or Elizabeth: Enclosed you will find the Affidavit of Posting and Proof of Mailing of Notice for each of the three applicants referenced above. If any additional information is needed, please do not hesitate to contact me. Sincerely, enclosures 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 am subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form shouM 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 "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: ora~ne 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 SCm# Ill/ - I The Applleation has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. ~-~ Board of Trustees~ / 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: Site acreage: · l~![ Present zoning classification: ~ - ~ ~) If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (c) Telephone number: Area Code ( ) 61 [~' ~36- $5'73 6 (d) Application number if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [] If yes, which state or federal agency? ~x{/TD~'~, ~{(-7~5~ P~(X~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. yYes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [-~ Yes [] No [~ Not Applicable~-~p([c~~ Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ¢ Yes ~-~ No ~-~ Not Applicable .~_(~.~ ~ ~ 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¢ NotApplieable~[fl~ ~:~[q~(~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 - Policies Pages 16 through 21 for evaluation criteria [] Yes~-~ NO ~NotApplicable ~. ~f.l,_~_ ~'~ ~,_~1~/~ 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 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 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~Lo/]~ 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. Ye~ No ~-~ Not Applicable Attach additional sheets if neeessapy WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~Yes [] No [] Not Applicable Anachadditional shects ifnecessary 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. Ves Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No ~Not Applicabl%~..~c~ ,~_OIL ~J~(.. ]/[~. At~ach 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 .~.~. ~'~.0_0 Created on 5/25/05 11:20 AM · Dat~: To: Proposal: March 19, 2010 Southold Town Trustees and Mark Terry Construct a 4'x16' ramp onto a 4'x35' level dock section with a 4'x20' "L" section at offshore end. Install one 8" diameter mooring pile. DEVELOPED COAST POITCIES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal IocaUon, and minimizes adverse effects of development. Our proposal is consistent with this policy in that it a dock structure will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve 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 a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construCdon is expected to re-establish immediately aEer construction is completed. The size of our dock structure is appropriate for this area and the minimum needed to reach adequate water. NATURAL COAST POITC[Es Policy 4 Hinimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. 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 tim quality and function of the Town of Southold's ecosystom. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem when ddving the piling but this area will easily re- establish itself within one season. We have submitted applications to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Polk~ 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 waster and hazardous substances and wastes. PUBITC COAST IN)ITC[ES Policy 9 Provide for public access to, and recreational usu of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. Page'2 of 2 LWRP for MEK Realty Holdings, LLC WORKXNG COAST POI TCXES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this deck fadlity the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Polio/11 Promote s~a~inable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living madne resources. The dock will be only 4' wide and the decking on the inshore section will be grate style minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thdve allowing them to maintain their function of providing food and shelter for small fish. 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 dev~t of energy and mineral resources, Our proposal will not have any impact on the development of energy and mineral resources. SURVEY OF LOT 250 AMENDED MAP "A" OF NASSAU ?OINT FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON AUGUST 16, 1922 AS FILE No, 156 SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-14-01 SCALE 1"=20' DECEMBER 16, 2009 AREA = 26,619 :sq. ff. (TO TI~ LINE ) 0,611 aC. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~t~o EXISTING CONTOUR LINES ARE SHOWN THUS: 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C048,3H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE X: --10 -- AREAS DETERMINED TO BE OUTSIDE ]'HE 0.2% ANNUAL CHANCE FLOODPLAIN. vACANT BO' 40' 50" AO' JOHN-.N spIC~ KAT~L~ \ \ \ \ \ \ \ \ \ \ \ \ ,/ .BT THE EXISTENCE OF RIGHT OF WAYS Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fax (631)727-~727