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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 ,,,,, Cbedes &Cai3 ,Ha{lock J ~, 2x4 ON FLAT~ 4x4 POST ~ ~ 82M6'ffi. ~ EXIST. LgNDING ,,, UOCA ON '1