HomeMy WebLinkAboutFrausto, Mary R OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MA[LIN(; 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 Trustee~
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: May 14, 2010
Re:
Proposed Wetland Permit for MARY R. FRAUSTO
SCTM#31-9-7.3
MARY R. FRAUSTO requests a Wetland Permit for the existing stairs consisting of an
existing 12'-3"X 3.5' wood landing, 4'-10"× 3'-6.5" wood landing, construct a new wood
railing, and remove non-native plantings and replace with native plantings along both
sides of the stairs. Located: 1425 Bay Ave., East Marion. SCTM#31-9-7.3
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 below Policy Standards and therefore is INCONSISTENT with the LWRP,
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
The proposed action does not comply with § 275-16 Compliance requirements;
penalties for offenses; item C which states:
C. No new permits will be issued to any carter, owner, occupant, builder, architect,
contractor or their agents if they are a named defendant in an outstanding or unresolved
violation of Chapter 275, Wetlands and Shoreline, or Chapter 111, Coastal Erosion
Hazard Areas. [Amended 12-18-2007 by L.L. No. 23-2007]
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
Jill M. Dohetty, President
James F. King, Vice-President
Dave Bergen
Bob Ghosio, Jr.
John Bredemeyer
Town Hall, 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
Telephone (631 ) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
DATj~gE INSPECTION:
Ch. 275
Ch. 111
INSPECTION SCHEDULE
Pre-construction, hay bale line/silt boom/silt curtain
1st day of construction
constructed
JProject complete, compliance inspection.
COMMENTS:
CERTIFICATE OF COMPLIANCE:
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
May 19, 2010
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Ms. Mary Frausto
P.O. Box 512
Peconic, NY 11958
RE:
1425 BAY AVE., EAST MARION
SCTM#31-9-7.3
Dear Ms. Frausto:
The Board of Town Trustees took the following action dudng its regular meeting held on
Wed., May 19, 2010 regarding the above matter:
WHEREAS, MARY FRAUSTO applied to the Southold Town Trustees for a permit
under the provisions of Chapter 275 of the Southold Town Code, the Wetland
Ordinance, application dated April 28, and,
WHEREAS, said application was referred to the Southotd 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 specifically Inconsistent with the following
coastal policy: Policy 6 - Protect and restore the quality and function of the Town of
Southold ecosystem, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on May 19, 2010, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure, as applied for, does not comply with the standards set forth in
Chapter 275 of the Southold Town Code, and,
WHEREAS, the Board has determined that the structure, as applied for, will have a
detrimental effect upon the health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, for the foregoing reasons, and based upon the application's failure to meet
the standards contained in Chapter 275 of the Town Code, that the Board of Trustees
deems the proposed project to be Inconsistent with the Local Waterfront Revitalization
Program pursuant to Chapter 268 of the Southold Town Code, based on the location of
the as-built structure and the non-conforming design, and,
BE IT FURTHER,
RESOLVED, that for the foregoing reasons and failure to meet the standards contained
in Chapter 275 of the Town Code, the Board of Trustees DISAPPROVES WITHOUT
PREJUDICE the application of MARY FRAUSTO for the existing stairs consisting of an
existing 12'-3"X 3.5' wood landing, 4'-10'X 3'-6.5" wood landing, and to construct new
wood railing, as applied for.
This is not a determination from any other agency.
Very truly yours,
~rd of Trustees ~//
JMD/Ims
Peter Young, Chairperson
Laurcn 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., May 12,
2010, the following recommendation was made:
Moved by Peter Young, seconded by Doug Hardy, it was
RESOLVED to SUPPORT the Wetland Permit application of MARY R. FRAUSTO for the
existing stairs consisting of an existing 12'-3"X 3.5' wood landing, 4'-10"X 3'-6.5" wood
landing, construct a new wood railing, and remove non-native plantings and replace with
native plantings along both sides of the stairs.
Located: 1425 Bay Ave., East Madon. SCTM#31-9-7.3
Inspected by: Peter Young
The CAC Supports the application, however, questions as to whether or not there are any
other planned intrusions.
Vote of Council: Ayes: All
Motion Carried
Jill M. Doherty. President
James F. King. Vice-President
Dave Berg~
Bob Ghosio. Jr,
John Bredemeyer
P.O Box 1179
Southold~ NY 11971
Telephone (631 ) 765-1892
Fax (631) 765-6641
Southold Town Board of Trustees
Field Inspection/Worksession Report
Date/Time: -:/4.--1 o
MARY R. FRAUSTO requests a Wetland Permit for the existing stairs
consisting of an existing 12'-3"X 3.5' wood landing, 4'-10"X 3'-6.5" wood
landing, construct a new wood railing, and remove non-native plantings
and replace with native plantings along both sides of the stairs. Located:
1425 Bay Ave., East Marion. SCTM#31-9-7.3
Type of area to be impacted:
__Saltwater Wetland J/'~reshwater Wetland
Sound Bay
Distance of proposed work to edge of wetland
Part of Town Code proposed work falls under:
¢~_--Chapt.275 Chapt. 111 other
Type of Application: ~et~and __Coastal Erosion ~Amendment
~Administrative__Emergency Pre-Submission __Violation
Info needed:
Modifications:
Present Were: ~----~.King ~-~-"J. Doherty ~J-~. Bredemeyer
B.Ghosio, __ D. Dzenkowski other
/
~D. Bergen.__~
Form filled out in the field by
Mailed/Faxed to:
Date:
,,e A (conrd.)
I?.li:STORA~ION 1~0~;
[] TO BE COMPI.~t-~D BY:4/1.6/10
\
SP~_~:~ICATION$:
Reapondent ls to plant a total of 40nafiVeghmbs. TO i
i bephmtcd on elth~-,id,*, ofth~ stai~ w~y. 2' - 4' in
i h~o~ Am~x oflowbushbl~ry_~,
'.'. 85% snrvival rat~ ai~r 2 grovfin~ season~
i
'.:. Respondmt (s) shall snbmii p~-to~raphs of the
] TO BE COMPL~II~u BY: 12/31/09
[] No Covemnts Requir~
164 Stlrlln~ Avemm
~ TlmaliachedNoliceCommantalong wilhapl~otocopy ~
i of"SchednleA"wbich'isapartofl~lrdeed, mnstbe i
[ f~dat~heSuff~CountyClerWsOfficent3iO
!. m-~t be provided to the Depamamt of ~
} ~0 cite ~L, su~z
i
Co, t llo k
0®0 eeeo
eeo o0
0
G 0 0
0 ·
0
· Existing Tree or Shrub
'Baccharis halimifolia' - Groundsel Bush - Wet locations, good for steepgrades *~
'Clethraalnifolia'-$weetPepperbush-Wetlocations ~ ~0
'Underabenzoin'-$pi~ebush-Wetlocations ' ~
'Myrica pensylvanica'- Baybe ny * Good wildlife nesting o~ver, good for steep grades
'Ira frutescens'- Marsh Elder- Wet Locations ~ ~
Not~: All Plantsare t~nglsland Natives
H & H Lawn Care
Chades & Cam Hallock
631-833-9380
. NEW YORK STATE DEPARTMENT OF //~h.~
~ONMENTAL CENSER ON' ~
In the Matter of the Violation of the New York State
Environmental Conservation Law ("ECL")
Articles 1:5, and/or 24 and Titles 11 and/or 23 of Article 71,
Part 663 of Title Il of the Offioial Compilation of Codes, Rules
and Regulations of State of New York
("6NYCRR") by:
Res]pendent
MARY FRAUSTO
ORDER ON CONSILr~rF _ ~ ~ ../
nL NO. ,-
(Suffolk County)
WHEREAS, Article 25, Title 4, of the New York State Environmental Conservation Law, (Tidal Wetlands
Act) prohibits conducting any regulated ectlvities on or adjacent to any tidal wetland without the requisite
permit, or in noncompliance with the requisite permit; and
WH~:REAS, Article 15, Title 27 of the New York State Environmental Conservation Law,(Wild, Scen/c and
Rec~afional Rivers) prolu.bits conducting any regulated act/v/ties within the enrridor of fivc~s so
designated,without the requisite permit, or in noncompliance with the requisite permit; and
V¥1:tE~A8, Article 24 of the New York State Environmental Conservation Law, (Freahwater Wetlands Act)
proM'bits conducting any regulated activities on or adjacent to regulated freshwatear wetlands without the
requisite pexmit, or in noncompliance with the requisite permit; and
WliK~, th~: Dopm-tment of Environmental Conservation (DEC) has documented a violation of said
statutes, specifically Section 24-0701, Section Part 663.4, in that Respondant(s) caused and/or permitted to be caused,
........................ ............ :' ......................... ....................... : ......... T':' ............. :' ............................................................. : ........................................ :.
' the c°nstructaon of a stmrway end clearing of vegetation vathin the adjacem area to a NYS regulated freshwater wetland without
benefit of a permit from the NYSDEC. This is a violation of the Environmentsl Conservation Law (F~CL) at your property :
located at 144:5 and 1447 Bay Avenue, E. Marion, NY.
:.
:.
WltEREAS, Respondent(a) has/have at~firmatively waived Iris/her/its/their right to a public hearing in this matter in the mannor
provided by law and having consented to the antering and iasuing of this Order, agree(s) to be bound by the terms and conditions
contained herein.
1 of 5
· IT IS HEREBY ORDERE~ursnsnt to the applicable provisions of the E~l~d/or Rules and Regulations, that:
I. With re~oect to the afore~ffd viola~on(s), there m hereby unposed upon Respondent(s), a pennlty in the sum of one-
thousand ($1~000.00) Dollars, of which two-hun~ ($250.00) Dollars ahall be made payable by certified eheek or money
order to the IVYS Deparlmant of Enviromnant~l Conservation upon the 8j~ning of this Order and the ren~ining seven-hundred
.fifty ($750 00) Dollars to be suspended provided Respondent(s) strictly adbere(s) to tM terms and conditions outlined in this Order,
including Schedule A, the compliance schedule attached hereto and made part hereof.
H. Respondent(s) shall conduct all regulated freshwater wetland activities in strict conformance with Federal, New York
State laws and regulations. For the purpose of insuring compliance v)ith this Ord,, duly authmdzed t~presentafives of ~
Department shall be permitted access to Respondent's place of business during reasonable hours, in order to inspect and/or require
such tests as may be deemed necessary to determine the status of Respondent's compliance herewith.
Hl. Respondent(s) shall indemnify and hold harmless t~e Department, the State of New York, and their representatives and
employees for all claims, suits, actions, damaooes and costs of every name and description arising out of or resulting from the '
· fulfillmant °f attempted fulfillmeat of this Order by Respondent and its successors (including successors in tifle) and assigns.
IV. Upon completion of all obligations created/n this Order, this Order settles only all cia/ms for civil and admlni~rative
penalties concerning the above violations a£aln~t Respondent(s) and its successors (including successors in rifle) and assigns.
V~. Noth,n~ con~ hereto shall be construed as preventing the D~t fi'om collecting regulatory fees where
applicable.
VII. This Order shall not become effecUve until It IS ex,uteri by the Regional Director on behalf of tM Commissioner, and
the date of execution by the Regional Director shall be the date of execution of this Order.
VHI. In those instances in which thc Respondent(s) desire(s) flint any of the previsions, terms or conditions of this Order bc
chan~ot,~d, (s)he/it/they shall make written application, setting forth thc grounds for the relief sought, to the Commissioner, c/o
Vernon G. Rail, Regional Attorney, New York State Department of Envirunmeutnl Conservation, 50 Circle Rd., State University
Campus, Stony Brook, New York 11790-3409.
IX. Respondant(s) shall strictly adhere to the terms and conditions outlined in this Order and in Parts ~ H, 11~ and/or IV of
Schedule A~ thc compl~anco sehed~c at~ched hereto and made a part hereo£
X. Any change in this Order shah not be mode or become effective, except as specifically set fo~ila by ~ order of thc
Commissioner, such wntteo order being made e~ther upon written application of tM Reapundent(s) or upon the C~,,,~-,:~ioner~s
own ~liIlgs.
XL This Order shall be deemed bindln~ on the Respon~h~nt(s), it/his/her/their successors and assigns a~d all persons, rums
and corporations acting under or for it/him/herffthem, in~inding, but not limited to those who may oan-y on any or aH of the
operations now being conducted by Respoudem(s), whether at the present location or at any other in this Stato.-
XH. The failure to pay any penalty ammmt~ due under the terms and conditions of this Order may result in a 22% surcharge
in recov~ costs and a potential tax retired offset by tM Department of Taxation and Finance.
Dated: Stony Brook, New York
AI.I~XANDER B. GRANNIS
Com~wrenmental Conservation
2 of 5
,CONSENT BY RI~-~PONDF, I~ (Individual)
Respondent acknowledges the authoriO/and jurisdiction of the Commissioner of Environmental Conservation of ~he State of New
York to issue the foregoing Order, waives public hearing or other proceedings in this matter, accepts the ~nns and conditions set
forth in ~he Order and consents to the issuance thereof.
NOT~: TO___NOTARY.' Th® correct acknowledgm®nt from balow MOST b® utilized for $1~nino
in New York Statz remus outsid~ New York Stat~. All blank~ MOST be ¢omplzted.
ACKNO~~ (,~io, i,, within New York State)
STATE OF NEW YORK )
COUNTY OF~L ) ) ss.:
thein~_:~-~7.- . ~- .. ;pe. nml...Y.~n, owntomeorprovedtomeonthebasisofsatisfactoryevidsscetobe
o~ua~ wnoso name ~s sumcnoed to the vnthin mstnunent and acknowledged to me that (s)he executed the same in
their capacity, and that by ~heir signature on the ~t, Ibc individual, or the person upon behaff of which the individual
acted, executed the insmunent.
f Notar~ Public, StateofNew York
ABIGAIL A. WICKHAM
Notary Public State of New Yon~
No. 52-4642871
Qualified In Suffolk Count,/
Commission Expires Sept. 30, 200~
3 of $
GENERAL REOUm~MENTS:
Immediately,
SCHEDULE A
Compliance Schedule
for
Article 15 and/or 24
Respondent (s) shall cease and desist from any and all future ~iolations
of the New York State Environmental Conservation Law and the rules
and regulations enac~d pursuant thereto.
All submittals to the Department required under this Order shall be made by Respondent (s) as follows:
1) One Copy to the Regulatory Section, Bureau of Habitat, Region One, New York State Department of
Environmental Conservation, 50 Circle Rd., SUNY, Stony Brook, New York 11790-3409.
II..REMOVAL REOUmI~.MENTS:
~TO BE COMPLWI~ED BY:
The stairs may remain as built. If required by the
Town, the Respondent may install a stair raft.
~ Respondent (s) shall submit photographs of the
i completed work required under this sehedule, to
! the Department within ten (10) days of its
..' completion.
~ No Removal Required
4 of $
Schedule A (Cont'd.)
~TIi RRS~ORATION REQUEn~NTS:
[-~q TO BE COMPLETED BY:4/15/10
[~. No Restoration Required
SPECII~ICATIONS:
Respondent ia to plant a total of 40 native sluubs. To
be planted on either side of thc stairway. 2' - 4' in
height. A mix of lowbush blueberry, huckleberry,
sweet pepperbush, sheep lanrol, mountain laurel and
sweet ferm
85% survival rate after 2 growing seasons.
Respondent (s) shall submit photographs of the
completed work required under thi~ schedule, to
the Department within ten (10) days of its
completion.
IV.NOTICE COVENANT REQUIR~lVlF2qTS:
] TO BE COMPLETED BY: 12/3U09
--]No Covenants Required
The attached Notice Covenant along with a photocopy
of"Schedule A" which ia a part of your deed, must be
fried at the Suffolk County Clerk's Office at 310
Center Drive, Riverhead, NY. A copy of the filing
must be provided to the Department of Environmental
C6naervation. The copy of the filing should be sent to:
NYSDEC
Bureau of Habitat
50 Circle Rd., SUNY
Stony Brook, NY 11790-3409
Arm: Diane Radke
Mail to: Ms. Mary Frausto
164 S~ling Avenue
Greenport, NY 11944
5of5
Southold Town Police
Incident Report
Report 09/24/2009 08:52
Case Number 01-09-808790
Case Number I Report I Occurred On/From
01-09-008790 109/24/2009 08:52 09/24/2009 08:52
Incident Type I Case Status
TOWN CODE-OTHER I OPEN
IlL Common Name
1443 BAY EAST MARION, NY 11983 (SUFFOLK County)
Day of Week: THURSDAY
Map Reference: EM2
Location Type: YARD
Sector: 4 804
Occurred To OriginaIRep°rt Type
Case Status Date Cleared
10/08/2009
Sector: 4 804
Total Damaged Property Value: $0.00
Total Stolen Properly Value: $0.00
Total Recovered Property Value: $0.00
:o
1
State Classification
TOWN CODE-OTHER
Statute/Ordinance
ILocation Type
LAKE/WATERWAY
AffemptedlCommi~ed
COMPLETED
Disposition Date
10/03/2009
Stc 275-5
Federal Classification (Larceny Only): Not Applicable (-)
Attack Reason: NO BIAS/NOT APPLICABLE (-)
Federal Disposition: FIELD ARREST/TICKET ISSUED
P Person Type
E OWNER
R Home Phone
S ,~ 1(631)477-0090
IO. '1ce'' Pho"e
Birth Date
Adult/Juvenile: ADULT
Business/Person Name
MARy FRAUSTO
Person Address
146 STERLING AVE Greenport, NY 11944, SUFFOLK County
Employer Address
Sex SSN I DL Exp. Date
Female I DL Number
Birth City
Business Phone
631-
Map Reference
AN Topic Original
1 freshwater wetland without a permit
i Frausto was issued a town summons for building a stairway and clearing vegetation within 100' of a
Reporting Officer Department Report Status:
Sbc Donald Dzenkowski (2068) SOUTHOLD TOWN POLICE Approved
Officer Name Date/Time
Verifying Officer Department Date I 'rime
SGT THEODORE O BEEBE, JR. (5140) SOUTHOLD TOWN POLICE 10/08/2009 15:58
A'3872
Town of Southold
Suffolk County, NY
The People of the State of New York vs.
V~N NUMBER
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only
~______~wOaStal Erosion Permit Application
etland Permit Application Administrative Permit
Amendment/Transfer/Extension
~""Rece~vved Application: C//eO
l""~-eceived Fee:$
,/'~ompleted Application
__Incomplete
__SEQRA Classification:
Type I Type II Unlisted
Coordmation:(date sent)_
~ Consistency As.~essrqen~F~orm~
~eCd'AC Referral Sent: I-{I ~.~q
~...Date of lnspecfion:~_~l~-
__Receipt of CAC Report:
__Lead Agency Determination:
Technical Review:
--~ublic Hearing Held: ,_~.
__Resolution:
Name of Applicant
Address
PhoneNumber:((ttO ~ C~/[ ."-~/~ -
Suffolk County Tax Map Number: 1000-.*~,.-- 09-
Property Location: / ~/~( 7,?/¢~/ff' ~//,~/< ~O~ ~
(provide LILCO Pole #, distance to cross streets, and location)[ ' '
AGENT:
(If applicable)
Address:
Phone:
of Trustees Applicat
GENERAL DATA
Land Area (in square feet): ,/.c/{., ~0 ~OC'~
Area Zoning: FeG~ d~-.~Jl~t~)
Previous use of prope~y: ¢ ~ ~ ~
htendeduseofpropeay: D~L¢ ~o ~ C~ ,~
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 permit/approval ever been revoked or suspended by a governmental agency?
tf/ No Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
of Trustees Applica~n
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: ~/0 Ot~ / f ~r~tt f/ O~ ~
Percent cowage of lot: ~ .~ %
Closest distance between nearest existing structure and upland
edge of wetlands: ~ feet
edgeofwetlands: feet--'~r'ooa~.~_ bo4~oA4_~ %~ 6~
Does ~e project involve excavation or filling?
No Yes
If yes, how much material will be excavated? ~ cubic yards
How much material will be filled? ~ cubic y~ds
D~ of which material will be removed or deposited: ~/~ feet
Proposed slope ~ou~out the ~ea of operations: ~o~ ~r ~ ~rO~ ~
M~er in whch material will be removed or deposited: 2 '/~ ~
Statement of~e effect, iffy, on ~e wetl~ds ~d tidal waters of~e town that may result by
re.on of such proposed operations (use attac~ents if appropriate):
PROJECT ID NUMBER
617.20
~T APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
SEQR
PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor)
1. APPLICANT/~ ~'/~t//SPONSOR~/~_~¢~...~7~ 2. PROJECT NAME
MUnicip~lit~ ~ A~? ~'--t~,~. ~..(J I i ~ ~..~ County
4. PRECISE LOCATION: Street Addess ;nd R~d 'lnt~rseC~ons.
Prominent landmarks etc-or provide map
5. IS PROPOSED ACTION: ~ New/ j"--J Expal{sion [] Modification/alteration
O. DESCR,BE PROJECT SR,EFLY: t--0
/' ' · ~ ~ ~ '1 ~
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
~]Yes [] NO If no, describe briefly:
9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? (Choose as manyas apply.)
[~Residential ['~lndustdal I~commercial [~Agriculture I~Park/Forest/OpenSpace I~Other (describe)
10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
[~]Yes r'~No If yes, list agency name and permit / approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
g~]Yes j--'-JNo If yes, list agency name and permit / approval: ~ ~,(_~
12. AS A RF~SULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
[ es ¢y_JNo
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicantsignature / Sponsor Name ('~'~I~1J~ ~(~ Date: ~7~)/.)/(~
~ /
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II -~ IMPACT ASSESSMENT (To be completed by; _,~_~_ Agency).
A. OO~_.~ ACTION EXCEED ANY Type i -ii.iRESHOLD iN 6 NYCi~ PART $17.47 If Yes, ~cerdinate the redew process and use the FULL EAF.
r-]Yes r~-] No
B. WILLACTIOHF<Ec;~VECOORDINATEDREVIEWASPROVIDEDFORUNUSTEDACT10NSlN6NY~P~617.67 IfNo, a negab%,e
I--i171"o
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible)
· Long tonn, sh~l term, cumulative, er other eE~[a not idG~,;~;'.~ In Cl-C57 ."-~ -'_-.:~ bdelly:
NO ·
D.
ENVIRONMENTAL AREA (CEA)? (If ~esl explalrl brfefly:
I-"1 Yes I'~No ·
~ SS ,,~ OR ,S THT LIKELY TO BE~ CONTROVERSy~TENTL.~,L ADVERSE -"-%%'= ,'~C~AL IMPACTS? If }~s explain:
PART III - D~:i ~,~A~ION OF' $1C;;~CANCE (To be completed by Agency)
INSTRUCTIONS: F~reachadvemee~e~tiden~edahave~deto~minewha~ber~t~s$ub~tant~al~arge~mpm1a~~n~ Each
effec~ should be asee~_,~ed__ in commctinn with ~ (a) seaing (i.e. urban or rural); (b) prahabll~ of o<~untng; (e) clmaffon; (d) Irreveminill~. (e)
geogrephi~ scope; and (f) magnitude. If neoessap/, add attachments or re~erence Supporting materials.
m~l~dent detail to show that all relevant adverse Impa~ts have been Ide~Bed and adequ~ addressed Ensure Ihat e.~lanaflens conlaln
· · If question d of part Ii was dmdmd
WILL NOT result In any sight adverse e~l Impad~s AND pro,de, an attachments as neoessap/, the reesm~ eappmling II~
..Board of Trustees
Name of Lead Agency Date
.Jill M. Doherty President
Print or Type Name of Responsible Officer In Lead .~.gency 'l'lfle of Responsible Officer
Signature of Responsible Officer in Lead A~ency 8ignafure of PreParer (If dlfferest f~om responsible officer)
PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥)
A. DOES ACTION EXCEED ANY TYPE r THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
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 another involved agency.
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, ~f legible)
Cl. Existing air quality, sur[ace or groundwater quality or quanfity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, amhaeological, historic, or other natural or cultural resoumes; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shelffish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land Ol~other natural r~sources? Explain briefly:
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. Long term, short term, cumulaUve, or other effect~ not i(~ntified in C1-C57 Explain briefly;
C7. Other impacts (including chan~es in use of either quanti~/or t/po of energy? Explain briefly:
D. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve~determinewhetheritissubstantia~~~arge~imp~rtant~r~therwisesigni~cant~ Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (t~ magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Chec~ this box if you have identified one or mort potentJally large or significant adverse impacts which MAY occur. Then proceed diracfly to the FULL
EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed acflor
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the raasons supporting thi.~
determination.
Name of Lead Agency '-~ Date --
Pdnt or Type Name of Responsible Officer i~cy
atura of I~esponsi~'l~ Officer in~.A~ency
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
MARY R. FRAUSTO
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
I, ~A~-~ k0_ (~t[T--O , residing at /dba
being dul~ sworn, d~pose ~d say:
That o~e/3 day of ~OH ,2010, I p~sonally post~ the prope~y ~own
by placing the Bored of Tmste~official post~ whge it c~ easily be seen, ~d ~at I have checked
to be sure the post~ has remained in place for ei~t days prior to the date of~e public he~ng.
Date ofhe~ng not~ thereon to be held Wed.~ May 19~ 2010 on or about 6:00 PM.
Dated: ~¢ /~tO
(si~ature)
Sworn to before me this
/6~day of DTlo~200/0
ublic
LAUREN M. STANDISH
Notary Public, State of New York
No. 01ST6164008
Quafified n Suffolk Coun~
Commission Exgires Apri 9 20~J_
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Address:
STATE OF NEW YORK
COUNTY OF SUFFOLK
, residing at )GQ 5(-t-'~l{~rS~, ¢~a,~
, being duly sworn, deposes and ~ays that on the
day of ,20 I0 , deponent mailed a true copy of the Notice
set forth, in the Board of Trnstees Application, directed to each of the above named
persons at the addresses set opposite there 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 ~ £ ~ [9~ r ~- , that said Notices were mailed to each of said persons by
Sworn tO before me this /~-
pay of ,20 0
/Notary Public
PROOF OF 1VLAH,ING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Address:
Ce~Jfied Fee
USE
$2.80 06
$2. ~0 .ere
$5.54 0511312010
luly sworn, d~oses ~d ~ays ~at on the
deponent m~l~ a ~e ~py of the Notice
a~ ~ted to each of~e above n~ed
esp~tive n~es; ~t ~e ad&~s~ set
~ess ofs~d perso~ ~ sho~ on ~e c~t
[~ s~d Nofi~ were m~l~ at ~e U~t~ S~s Post
It'd Notices were m~l~ to ~ch ofs~d ~o~ by
Sworn to before me this
Dayof '~'~-q ~t~ ,20
~-~
N~~o~ Public ' ~
Board of Trustees Appli~ion
County of Suffolk
State of New York
/I~ ~ ~/ ~ ~Cg ~-C~ BEING DULY SWORN
DEPOSES AND A~FIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMiT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY 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), 11~ GRANTED. IN COMPLETING THIS
APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.
SWORN TO BEFORE ME THIS 4 ~;0~" DAY OF (~.fflAd' ,20 ,'O
N6~Public
LAUREN M. STANDISH
Notary Public, State of New York
No. 01ST6164008
Qualified in Suffolk County
Commission Expires Apdl 9, 20 //
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics Drohibits conflicts of interest on the ~)ml of town officers and emnlovees. The numnse of
this form is to orovide inforination which can alert the town of nossible conflicts of intem~t and allow it to take whatever action is
necessary to avoid same,
(Last name, first name, xrniddle in,al, unless you am applying in the name of
someone else or other en6ty, such as a company. If so, indicate the other
person's or company's name.)
NAME OF APPLICATION: (Cheek all that apply.)
Tax grievance Building
Variance Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other', name the activity.)
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
of the Town of Southold? "Relationship" includes by blood, marriage, or bUSiness interest. "Business interest" means a business,
including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a cohooration
in which the town officer or employee owns more than 5% of the shares.
YES NO /
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either cheek
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
__~) the owner of greater than 5% of thc shams of the corporate stock of thc applicant
(when the applicant is a corporation);
__B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation);
C) an officer, director, palmer, or emplo_.9.y.~ oftbe applicant; or
D) the actual applicant.
DESCRIPTION OF KELATIONSHIP
Form TS 1
Submitted this O(~ dayo~f ~ _ 20{~0
Signature '"Tq'M~--~/<~'~:~ .
Print Name ~O{ ~.~/ t~. ~,W-./I.~ ,5 ~3
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of 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" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, each answer must be explained in detail, listing both supporting and non-
suooorfine facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold ' s
wehsite (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
3
PRO CTN, va
The Application has been submitted to (check appropriate response):
TownBoard [~ Planning Board [3 Building Dept. ~ BoardofTrustecs
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
constmction, planning activity, agency regulation, land transaction)
Co) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
· Nature and extent of action,: ' ~, +r~.~v'~,l.'~
Location of action:
Site acreage: /r)i~,
Present land use: 1" -~S
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:
(a) Name of applicant:
(b) Mailing address:
(c) Telephone number: Area Code ~3~ ~/77 430 qo
(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?.
C. Evaluate the project to the following policies by analyzing how the project will further support or
not support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
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.
OYes [] 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 III - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No Not Applicable
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
A~ch additional ~eem ~necess~
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
N Yes ~-~ No ~ Not Applicable
A~ch additional sheets ifnecess~
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
Yes ~ No ~ Not Applicable
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 J~icable
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
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes~ No ~] Not Applicable
Attach additional sheets if necessary
WORKING COAST POLl'S
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
Yes [] No ~ Not Applicable
Attach additional sheets if necessaxy
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estua~3' and Town waters. See LWRP Section IIl- Policies; Pages 57 through 62 for evaluation criteria.
71 Yes [] No Not Applicablc
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 Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
~-~ Yes [] No ~ Not Applicable
CONTOURS A~E REFERENCED TO NAVD 88
SURVEY OF PROPERTY
A T EAST MARION
TO WN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
1000 - 31- 09 - 7.3
Sca/e: 1" = 30'
March 9, 2009
APRIL 21, 2010 (partial topo)
AREA = 14, 390 sq. ft.
to tie,ne
ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION
OF' ~C770N 7~09 OF TH~ ~ YORK STAT~ EZ~JE~770N
EXCEPT AS PER SECTION ?E09 ' SUJ~OIVI$10N ~.. ALL CF-.RTF1CA TION$
HEREON ARE VALID FOR ~ MAP AND COPES TMER~O~ ONLY IF
SAID MAp OR COPIES BEAR THE IMPRE~,SED SEAL OF' THE SURVEYOR
WHO~.~ ~ TUR~ AJ=f~AR$ H~ON.
(6311 765 - 5080 F~) 7~ - 1797
P. O. BOX ~9
*- * - REMOTE DOWN LEVEL DOCUMENT PAGE 1 - 8129/10 1:26:29 PM
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