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Home My WebLink AboutTR-7417 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD April 20, 2011 Mr. Glenn E. Just J.M.O. Environmental Consulting Services P.O. Box 447 Quogue, NY 11959-0447 RE: EUGENE BURGER, JR. 2385 PINE TREE RD., CUTCHOGUE SCTM#104-3-2 Dear Mr. Just: The following action was taken at the Southold Town Board of Trustees Regular Meeting held on Wed., April 20, 2011: RESOLVED, that the Southold Town Board of Trustees APPROVES the request for a Transfer of Wetland Permit #7417 from Davies Family Trust to Eugene Burger, Jr., as issued on September 22, 2010, and, BE IT FURTHER RESOLVED that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7417 to construct a 4'X 59' fixed catwalk, 3'X 20' ramp, a 6'X 20' floating dock with a 2'X 4' bump-out float, in an "L' configuration secured by two batter piles and a proposed tie-off pile, with the Condition the overall length of the docking facility doesn't exceed 84' to the seaward side of the floating dock, and as depicted on the plan prepared by J.M.O. Environmental Consulting last revised April 21,2011 and stamped approved on April 25, 2011. if you have any questions, please contact our office at (631) 765-1892. Sincerely, Jill M.~°~ert~ ' o~f Trustees President, Board JMD:lms UTTLE CREEK ,~,F LOOD E- ,BBt WI DTH )500 PROI? FLOAT Prop -~'x ~ ------~ FLO~Zb ~ P~O~ ~ s CATWALK TWL C.~-~-~--7~, PRO P, ('2'~'BATTER PILES .... ~ .,~.~j 0~-~ PROP, TIE OFF ~Le .-. PROP, 3'x20' .~ ,' RAM P Ex, wOoD-.' WALL TOPOF BANK '//IM ,k STY 5FD AHW, ALW & TWL Depths located by G Just 0730 Hrs. 11/9/10 Applicant: Eugene Burger Purpose: Private Recreational Docking Location: 2385 Pine Tree Road Datum: Apparent Low Water Locus: 72°27' 41°01' S.C.T.M.No. 1000-104-03-002 DRIVE APPROVED- BY - .... ARD OF TRUSTEES TOWN OF $OUTHOLO Applicant proposes to construct q 4'x 59' catwalk utilizing open grate decking secured by 6" piles, 3'x 20' ramp, 2'x 4' bump out float, 6'x 20' float secured by two batter piles and a tie offpile. At Little Creek, Cutchogue, Town of Southold, Suffolk County, New York SCA LE 1:30 I ,4¢r ,'L '~J JMO ENVIRONMENTAL CONSULTING QUOGUE, N.Y. SHEET I OF21 Scale 1"= 10' AHW, ALW & TWL Depths located by G Just 0730 Hrs. 11/9/10 L41"'~ PROR 4'× 59' FIXED CATWALK PRO P,~ EX, ~ ~ BATTER PILES -- - ~ ===i===== PRoR 6'7, 20" STEP,S ~ ~ ' FLOAT ON~L'/ TW ...... L ALW H 'BUMPOUT PROP. (10'~ f~z, PILES Applicant: Eugene Burger Purpose: Private Recreational Docking Location: 2385 Pine Tree Road Datum: Apparent Low Water Locus: 72027' 41001' S.C.T.M.No. 1000-104-03-002 W FLOAT PROR TtE OFF PILE Applicant proposes to construct q 4'x 59' catwalk utilizing open grate decking secured by 6" piles, 3'x 20' ramp, 2'x 4' bump out float, 6'x 20' float secured by two batter piles and a tie offpile. At Little Creek, Cutchogue, Town of Southold, Suffolk County, New York :J SHEET 2 OF2 0 0~ J.M.O. Environmental Consulting Services April 21, 2011 Ms. Jill Doherty, President Board of Town Trustees Town of Southold 54375 Main Road, P.O. Box 1179 Southold, N.Y. 11971-0959 RE: Eugene Burger, Jr. 2385 Pine Tree Road, Cutchogue S.C.T.M.No. 1000-104-03-002 Dear Ms. Doherty: As per the Board's request during last night's public heating on this application. I am enclosing revised plans for this project which depict a 2'x4' bumpout float instead of a 3'x 5' float. Should you have any additional questions regarding this application please feel free to contact our office. arh Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O. Box 447 Quogue, New York 1 ~959-0447 Environmental Consulting Services April 6, 2011 Ms. Jill Doherty, President Board Of Town Trustees Town Of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 Re: Pemfit No. 7417, Davies Family Trust 2385 Pine Tree Road, Cutchogue S.C.T.M.No. 1000-104-03-002 Dear Ms. Doherty: As you may know we have recemly applied to the Board to modify this pemdt. At this time we would also request that the permit be transferred to Mr. Eugene Burger, Jr who has recently purchased the property. Should you or any members of the Board have any comments or questions on this matter please feel free to contact me at any time. Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave ° 2nd Floor ° P.O. Box 447 Quogue, New York 11959-0447 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS STANDARD .NYBTU FORM 80~7 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the 25th day of February, two thousand and eleven, between DAVIES LIVING TRUST, with an address at 2385 Pine Tree Rd., Cutchogue, NY 11935 EUGENE C. BURGER,/~;,~--5: ,~-t~---~ ,~ ~'-'. ,.~, .,.. ......... . .-. ~',~.:_~ residing at 2215 Pine Tree Rd., P.O. Box 934, Cutchogue, NY 11935 party of the second part, WITNESSETH, ~at ~e p~ of~e fi~t p~, ~ conside~tion o~ DOLL.S ($~) ~ OT~R GOOD ~D VALU~LE CONSIDE~TION, p~d by ~e p~ of~e second p~, does hereby ~t ~d rcle~e umo ~e p~y of~e second p~, ~e heirs or successors ~d ~signs of the p~ of the s~ond p~ forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ANNEXED HERETO AND MADE A PART HEREOF BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part herein by Deed dated October 2, 1998 from Frank Davies and Delores Davies, and recorded on December 21, 1998 in the Office of the Clerk of the County of Suffolk as described in Liber 11934, Page 812. SAID PREMISES BEING known as 2385 Pine Tree Rd., Cutchogue, NY 11935. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO l-L4 VE AND TO HOLD the premises herein granted tmto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WtlEREOF, the party of the first part has duly executed this deed the day and year first above written. Frank Davies, Trustee IN PRESENCE OF: Delores Davies, Trustee Acknowledgment STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the ~ day of in the yearcZ0// before me, the undersigned, personally appeared Frank Davies and Delores Davies personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) Neta~ Public, State C~ Now No. 01FA49~'1,18 i~11 ~AT/~ I~./~ L ~'/~ L_Cb tk~ ~Qualified In &~.¢ounty · ~ommission Expires April 24, ,~11 Acknowledgment by a Subscribing Witness STATE OF ) ) SS.: COUNTY OF ) On the day of in the year before me, the undersigned, personally appeared the subscribing witness(es) to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they know(s) to be the individual(s) described in and who executed the foregoing instrument; that said subscribing witness(es) was (were) present and saw said execute the same; and that said witness(es) at the same time subscribed his/her/their name(s) as witness(es) thereto. (signature and office of individual taking acknowledgment) TITLE NO: BARGAIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS DAVIES LIVING TRUST TO EUGENE C. BURGER DISTRICT 1000 SECTION 104.00 BLOCK 03.00 LOT 002.000 COUNTY Suffolk RETURN BY MAIL TO: Goggins & Palumbo Attorneys At Law 13235 Main Rd., P.O. Box 65 Mattituck, NY 11952 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps ,I FEES Page / Filing Fee ~ Handling fi)/,{~. 00 TP-584 ~ Notation EA-52 17 (County) 0~ -- Sub Total EA-5217 (State) } ,¢ ~'~ R.P.T.S.A. ~,~), t~ i Comm. of Ed. 5. 00 ~ Affidavit Certified Copy NYS Surch~ge 15. 00 Sub Total Other Grand Total 4 Dist./g~/~ Real Property Tax Service Agency Verification 11004995 ~.ooo ~.o4oo 0300 002000 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on instrumenL page# of this Community Preservation lVund CPF Tax .Pu Consideration Amount $ '~,~,~'~ ~I~X2). , ?,3r3. hnproved c.--~) Vacant Land TD /O TD TD 7 I Title Company Information Co. Nan-te C~,¥1c,qCc, 'fT:r'L~. I Title # ~ i7- 75/7/,/- ~0Oc'~ 'T& ..~IF~ 81 Suffolk County Recording & Endorsement Page This page forms part of the attached ~,,~,('¢'/~/,q ~,,~,) ,J~/¢~.-- ,~b-b"~ made by: (SPECIFY TYPE OF INSTRUMENT) ~,9~;< ~P,W-~'T5 ,gNZ~ ~'/.~,t.~g ~I:IVTe~, Ab' '7'/d~X'7',E'b~ The premises herein is situated in TO ~a ~. c° SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) · Ji' nwronmenta Consulting Services April 4, 2011 Ms. Jill Doherty Southold Town Trustees P.O. Box 1179 Southold, N.Y. 11971-1179 APR - -0 20]] RE: Permit No. 7417 Burger, 2385 Pine Tree Road, Cutehogue Dear Ms. Doherty, As per our recent discussions regarding this project, we would ask to amend this permit. Enclosed please find (3) copies of our revised plans for this project. The plans depict a proposed 4'x 59' fixed catwalk, a 3'x 20' ramp, a proposed 3'x 5' "bumpout float", a 6'x 20' float on "L" secured by two batter piles and a proposed tie offpile. After modifying the project to include a 3'x 20' float, we realized that the length needed the extra support of the 3'x 5' bumpout float for stabilization and safety. Our office overlooked this and we apologize for any inconvenience. Please feel free to contact our office with any questions or if you wish to discuss this project in greater length. Most respec?fully, arh Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave ,, 2nd Floor · P.O, Box 447 Quogue, New York 1 ]959-0447 FEB-10-~11 0E:44 FROM: :7656641 P.3x3 . J.M.O. Enwronmental Consulting Services February 9, 2011 Ms. Jill Dohmy, President Board of Town Trustees Town of $outhold P.O. Box 1179 Southold N.Y. 11971-1179 Re: Permit No. 7417, Davies Family Trust 2385 Pine Tree Road, Cutchogue Dear Ms. Doherty: At the present time I am writing you to clarify our recent (1/24/11) request to modify this pv~,,it. Kindly note the Board of Town Trustccs h_.ad o 'nginally approved a 4' x 60' elevated catwalk, 3' 15' romp and a 6' x 20'. The total length of the approved sUuchue is 94' measured from the landward end of the catwalk to the seaward end of the float. Our modification request calls for a proposed 4' x 74 elevated catwalk, a3'x 15' ramp and a 6' x 20' float in an '%" configuration. The total length of the modified su'ucture would also be 94' measur~ from tho landward end of the catwalk to the seaward end of the float I hope that this clarifies what the applicant is seek~fng to construct. Should you of any other member of the Board have any comments or questions regarding this matter please f~l fr~ to contact me at any time. Phone (631) 653-0607 ,* Fax (631) 653-$348 121 Jessup Ave * 2nCl Floor · RO. Box 447 Quogue, New York 11969-0447 FEB-10-2011 02:44 FROM: :7656641 P.2t3 FE8-10-2011 88:44 FROM: :?6SE~G41 P.l~3 Environmen~l Consult~n§ Services Phone (631) 653-0607 * Fax (631) 653-3348 121 Jessup Ave · 2nd Floor * EO. Box 447 Quogue, New York 11959-0447 FAX COVER SHEET Attention__ Number of Pages Including Cover FROM: _~:~ v~ MESSAGE: If you do not t~ceive the correct: number of pa~e~ please call our office as soon as possible J.M.O. Environmental Consulting Services January 24, 2011 Ms. Jill Doherty, Presidem Board of Town Trustees Town of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 RE: Permit ID No. 7417 Davies Family Trust, 2385 Pine Tree Road Dear Ms. Doherty: At the present time we are see~modify this Permit. The proposed modification is to construct I~4'~ 74' fixed catwalk with open grate decking secured by 6" piles, a 3'x I~Y ramp and 6'x 20' float a 3'x 15' ramp and 6'x 20' float in an "L" configuration secured by (2) piles and a tie offpile. The proposed dock would be located further to the south of the approved location and not be constructed any further seaward than the approved structure. For your review, we have enclosed a copy of the proposed plans and Letter of Authorization as well as the required fees. As always, should you have any questions please feel free to contact our office at any time. Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave * 2nd Floor · P.O, Box 447 Quogue, New York 1 '1959-0447 Jill M. Doheriy, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemcycr Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-664 [ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of DAVIES FAMILY TRUST COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~_~rl~x.r% ~--- ~'~t~__Q~ , residing at/dba being duly s~m, de~ose and say: That on the ~ay of~F-~201 < I personally posted the propeay known as by placing the Board of Trustees oBicial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for ei~t days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, Febr~~on or about 6:00 PM. (signature) Sworn to betbre me this T3~ dayof M~. 20il Notary Public (3INA A. LOCKE NO. 01 L06057960 Nota~ Public, State of New york Qualified in Suffolk County PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK /_l~tg~.e..t.--%~-~ , being duly swo , ll'~poses a~o ~ y . [ ( "day of ~, 20 / ! , deponent mailed a true copy of the Nouce set forth in the Board of Trustees 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 aC~sf~S;em~nt roll o.[ th(.i)C)~Toa~tn 02 South,Olthd;att~s::gaid N?otj~ere emrea~eadil:od:ta;;fUs~lt;dpeS2otne: ~st (certified) (registeredj4nail. Sworn to before me this Day of kl. ccrcb, ,20 Notary Public GINA A. LOCKE Mo. 01 L06057960 Public, State of New yo~k JAN-25-2011 03:01 FROM: TO:T345249 · J.M.O-e Environmental Consulting Services P,2~ To whom it may concern: Please be advised that we have authorized the firm of J.M.O. Environmental Consulting S~rvic~a to a~t aa our agent on our behalf in applying for oertain approvals through your agency and others involved with this project. $,M.O. Con,~lting Services has been retained to coordinate all appwvals necessary through your and other involved ag~eies, as well as our architect, e~gineer and cxmtractor~. We request that all communieaU/ona, correspondences, notices, approvals and calls be addressed d/rectly to the offices of ZM.O. Environmental Consulting Services. Phone (631) 658-0607 · Fax (631) 653-3348 121 Je$$up Ave * 2nd Floor, P.O. Box 447 Quogue, New York 11959-0447 JAN-24-2011 12:STPM Fcom: ID:BURGER CONSTRUCTION Paoe:002 R=gG~ TO: T-545~49 A~T~ORIZA~ION (where ~e applicant is no~ ~c owner) ~t o~ offs) (~ ~) hereby a~o~ze t~ /L4 (Agent) 30 ap~y for l~rmJt($) from 'the Southold 13oard of Town Trustees o~ my beha~fi (Owner's signoras) Fonu TS i JAN-24-2011 12:5YPM From: ID:BURGER CONSTRUCTION Pa~e:004 R=83~. JAN-25-2011 03:01 F~OH: TO:T345~49 p,3/4 New York State Depau tment of Environmental Conservation PERMISSION TO INSPECT PROPERTY The applicant (o~ thc agcnt of thc apptic~), by submiuin~ an application for a pennk m the ~ of Environmcntal Conservation ("DEC') ~d by si~.ni,~ this permission form. consents to io~go~ by DEC smffof~e project s~ or facility for which a permit is sought and, M ~he extont n~os.sa~y, t~ pmp~ ownod by tho applicant adjacent to fl~ pmje~ si~ or ~[i~. Thi~ cons~t aliow~ DF.~ mff to ~nter upon and pass thvugh such prol~n'y in oral, to ~ lt~o projoc~ si~e or facility, wi~hoat prior norico, beiw~-n the hours of 7:00 am. and 7:00 pm. Monday flu~ugh Friday. IfDBC rail should wi~h to ~nduot an inspeolioa at any other lim~, D~C staffwill ~o n~f~ the appllc~ and will obr~i, a sepzrale conzont for suoh ~n inspection. L'~pcctio~s may ~ake place as part of ~he application m~iew prior 'M a decision to ~all! or deny fl~pcnnit(s) so~gi~ By si?i%o this co~cnt form. tho appl~mt agrees flmtthis consent n~ins in cffcc~ as long as lhe npl)licn~on is pendin~ and is cffectivo n~a~dlces ofwhct~r the landowner or agent are prc~t ~ the time of the inspection. In the event tl~ t~e project site or f~ility is pozted with any form of 'pozlod" o~ "keep ouff noficcs, or femed in with sn unlocked gate, ~ pe0',~iaion authodze~ DEC ,,rmffm di~,cl ~ noti~ or unlocked ~ at th~ ~ The applicimt further agrees thai duri~ va in.spccfic~ in connection with dos application, among o~hcr uhin~s, DEC slaffmay ~ meastwemems, may aaaly~ physical ctmractcr~ics of the site inchuting, but not limited to, soil~ and vel~tnfion (and may take sampl~ fol-a~), ~ may make draw~-~ and ~ake photographs. Failm~ to gram consent for aa h~0eofion caa be grounds for, and way result in, ~ of the permit(s) soutp~t by ~he application. 8ignahu'e of Applicant or Agen! Printed Name D~tc JAN-24-20il 12:5YPM From: ID:BURGER CONSTRUCTION Pa~e:003 R=92z Jill M. Dohe~y, President James F. King, Vice-President Dave Bergen Bob Gho$io, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 T¢l~hone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE.CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line 1 st day of construction ¼ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7417 DATE: SEPTEMBER 22~ 2010 ISSUED TO: DAVIES FAMILY TRUST PROPERTY ADDRESS: 2385 PINE TREE ROAD, CUTCHOGUE SCTM# 104-3-2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 22, 2010, and in consideration of application fee in the sum of $250.00 paid by Davies Family Trust and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 4'x60' fixed elegated catwalk; 3'x15' hinged ramp and a 6'x20' floating dock on the eastern shoreline' of the Subject ProPerty, with the condition of the use of open grate decking, and as depicted onthe site plan prepared by Suffolk Environmental Consulting Inc., last dated October 14, 2010, and stamped approved on October 25, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Davies Family Trust, residing at 2385 Pine Tree Road, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittec wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittec will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 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 September 22, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Matt D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: DAVIES FAMILY TRUST 2385 PINE TREE ROAD, CUTCHOGUE SCTM# 104-3-2 Dear Mr. Ivans: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 22, 2010 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc., on behalf of DAVIES FAMILY TRUST applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 25, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 & 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: shorten the length of the fixed catwalk by 4', the use of open grate decking, and lowering the height of the fixed catwalk, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 22, 2010, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of DAVIES FAMILY TRUST to construct a 4'x60' fixed elevated catwalk; 3'x15' hinged ramp and a 6'x20' floating dock on the eastern shoreline of the subject property, with the condition of the use of open grate decking, and as depicted on the site plan prepared by Suffolk Environmental Consulting Inc., last dated October 14, 2010, and stamped approved on October 25, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 845.00 Very truly yours, Jill I~. Doherty I/ President, Board of Trustees JMD/eac 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 (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ,DrtA~ ~SJFc~,~.. o~O?0 has been reviewed by this Board at the regular meeting °1~¢_.~£,~: o30/8 and your application has been approved pending the comlJletion of the following items checked off below. · __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) __ ¼ Constructed ($50.00) /~Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be Paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE'. $ BY: Jill M. Doherty, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., September 15, 2010, the following recommendation was made: Moved by Jack McGreevy, Audrey Horton, it was RESOLVED to SUPPORT the Wetland Permit application of DAVIES FAMILY TRUST to construct a 4'X 64' fixed elevated catwalk; 3'X 15' hinged ramp and a 6'X 20' floating dock on the eastern shoreline of the subject property. Located: 2385 Pine Tree Rd., Cutchogue. SCTM#104-3-2 Inspected by: Jack McGreevy, Audrey Horton The CAC Supports the application and recommends the dock is constructed in an "L" to reach adequate water depth. Vote of Council: Ayes: All Motion Carried Jill M Doherty, President James F, King, Vice-lh'esident Dave Bergen 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: ~'~)~"~/~ }Z0( DAVIES FAMILY TRUST.requ, eats a Wetland Permit to construct a 4'X 64' fixed elevated catwalk; 3'X 15' hinged ramp and a 6'X 20' floating dock on the eastern shoreline of the subject property. Located: 2385 Pine Tree Rd., Cutchogue. SCTM#104-3-2 T,~e of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland ~-t~ of Town Code proposed work falls under: __Chapt.275 Chapt~,l I other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Present Were: v/'J.King ~J.Doherty ~Bredemeyer __ B.Ghosio, __ D. Dzenkowski, other Form filled out in the field by Mailed/Faxed to: Date: . Bergen~~' DAVIES FAMILY TRUST Property Situate: ~$85 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM #: 1o00- lO4- o$- 0o~ (P]lolo la~'elz o>~ ,Izl~le 1,5, Photograph indicating the staked out location of the westerly (landward) terminus of the proposed Fixed Elevated Catwalk within the eastern section of the shoreline. Photograph taken from the rear brick patio, facing east, overlooking Little Creek. DAVIES FAMILY TRUST Property Situate: g$85 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM#: 1000-10~-03-00~ (I~]~6~lo la/~e~l o~ ,1~,'~, l 5, 2010) Photograph indicating the current conditions of the shoreline to the south of subject property, including the existing dock structures thereon. Photograph taken from the rear brick patio, facing southeast, overlooking Little Creek. DAVIES FAMILY TRUST Property Situate: ~2.~85 Pine Tree Road; Cutchogue; Town of Sonthold, New York SCTM#: 1000- 104-os-oo~ (P/Iolo la/~'en on .]~ne 1,5, 201 O) Photograph indicating the current conditions of the shoreline to the north of subject property, including the existing dock structures thereon. Photograph taken from the rear brick patio, facing northeast, overlooking Little Creek. DAVIES FAMILY TRUST Property Situate: ~2585 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM #: 1000 - 104 - 05 - 00~ (l)/Iolo ta/~'en o~ ,]~m~ 1,5, '2010) Photograph indicating the staked out location of the intersection between mean low water and the proposed Fixed Elevated Uat~'alk along the eastern shoreline. Photograph taken from the rear brick patio, facing east, overlooking Little Creek. DAVIES FAMILY TRUST Property Situate: es85 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM#: 100o-lo4-o8-o0e PROPOSED CONSTRUCTION ACCESS ROUTE SUBJECT Suffolk Environmental Consulting, Inc. Newman Village, Suite E. 2322 Main Street, P.O. Box 2003, Bridgehamptom New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President October 1~, ~010 Ms. Jill Doherty, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: DA VIES LIVING TRUST Application ~$85 Pine Tree Road; Cutchogue; Town of Southold, New York 1000 -- 10{ -- 05 - 00~ Dear Ms. Doherty, As discussed regarding the above ret~renced application, please find enclosed: (1) Revised Proposed Dock Structure Plans (three [-32 sets), prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., last dated October 1~, CO10, indicating the following requests: 1) Reduction in the length of the proposed catwalk by four feet (~.0'); ~2) Elevation of the proposed catwalk to three fbet (3.0') over grade; 3) Use of open-grate decking for the proposed catwalk; and +) Indication of the existing stone steps off the landward end of the proposed catwalk. Kindly review these items and issue the requested permit at your earliest opportunity. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans enc. cc: C. Salice OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N~ 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 Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 22, 2010 Re: Proposed Wetland Permit for DAVIES FAMILY TRUST SCTM#1000-104-3-2 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA AND NYSDOS SIGNIFICANT FISH AND WILDLIFE HABITAT AREA. Suffolk Environmental Consulting, Inc. on behalf of DAVIES FAMILY TRUST requests a Wetland Permit to construct a 4'X 64' fixed elevated catwalk; 3'X 15' hinged ramp and a 6'X 20' floating dock on the eastern shoreline of the subject property. Located: 2385 Pine Tree Rd., Cutchogue. SCTM#104-3-2 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. Figure 1. Subject parcel. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southoid 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. 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. It is recommended that the applicant provide this information Further, the applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met (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, shellfishing, waterskiing and other water-dependant activities; A vessel mooring is located seaward of the proposed dock terminus. The ownership and what effect the proposed dock on the vessel mooring is not discussed. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and 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, shortenin.q or reducin;I the size of structures, and increasipn. the width of non-disturbance buffers The dock is proposed to bisect vegetated tidal wetland (spartina alterniflora and spartina patens). In the event that the action is approved grid decking to allow sunlight to penetrate to existing vegetation is recommended. [7] 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 shellfish; See above answer regarding emergent vegetation. Information regarding submergent vegetation (although required) has not been provided. [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 Water depth at the terminus of the dock structure is indicated to be 4.3'. It is recommended to shorten or re-configure the dock to achieve a minimum water depth of 3.8' or less (depending upon vessel draft). [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. A. 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. The applicant could access public waters and underwater lands by obtaining a temporary vessel mooring. The construction of a private dock structure into public trust lands will result in the perpetual net loss of public use of underwater lands and waters. 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 X Wetland Permit Application Amendment/Transfer/Exte_nsion ,~ Received Application: ~Received Fee:$ raQ~---~t'' Completed Application:~] __ Incomplete: __.SEQRA Classification: Type 1 Type I1 Unlisted_ Coordination(date sent) _ . ~'-LWRP Consistency As~mqntl~orm: ~-CAC Referral Sent: ~ I0"~[ .... f Date of Inspection: q __ Receipt of CAC Report: __ Lead Agency Determination 7~pechnical Review: ublic Hearing Held: q Resolution: Administrative Permit Name of Applicant DAVIES FAMILY TRUST Address Suffolk County Tax Map Number: Property Location: 2385 Pine Tree Road; Cutchogue; Town of Southold, NY Phone Number: (631) 537 - 5160 1000 - 104 - 03 - 002 2385 Pine Tree Road; Cutchogue; Town of Southold, NY (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: MATT D. IVANS (fi) Suffolk Environmental Consulting, Inc. P.O. Box 2003; Bridgehampton, NY 11932 Phone: (631) 537 - 5160 Board of Trustees Applicat~ GENERAL DATA Land Area (in square feet): Area Zoning: 17, 633 square feet _+ R-40 Previous use of property: Intended use of property: Residential. Residential with proposed docking facility. Covenants and Restrictions: If "Yes", please provide a copy. Yes X No Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permitdapproval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Applicant wishes to obtain a wetlands permit for construction of a docking facility_ comprised of a FIXED ELEVATED CATWALK (4.0' wide x 64.0' long), a HINGED RAMP (3.0' wide x 15.0' long) and a FLOATING DOCK (6.0' wide x 20.0' long) on the eastern shoreline of subject property. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity:. Applicant wishes to obtain a wetlands permit for construction of a docking facility comprised of a FIXED ELEVATED CATWALK (4.0' wide x 64.0' long), a HINGED RAMP (3.0' wide x 15.0' long) and a FLOATING DOCK (6.0' wide x 20.0' long) on the eastern shoreline of subject property. Area of wetlands on lot: 1,740 _+ square feet Percent coverage of lot: 9.9 _+ Closest distance between nearest existing structures and upland edge of wetlands: 16.0 feet (existing brick walkwa? of/rear brick patio) Closest distance between nearest proposed structures and upland edge of wetlands: 0.0' + feet (proposed new dock) Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? 0.0 How much material will be filled? 0.0 Manner in which material will be removed or deposited: (cubic yards) (cubic yards) 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): No impact to the wetlands are anticipated due to the project meeting all typical environmental regulatory, requirements (i.e., elevation over wetlands; adequate water depth; use of non-treated materials). Additionally, review of the surrounding shoreline indicates a substantial number of existing dock structures, the majority, of greater size, that have existed harmoniously within this creek without any discernible impact to the surrounding environment. Board of Trustees Application N/A COASTAL EROSION APPLICATION DATA Purposes of proposed activity:. Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? How much material will be filled? Manner in which material will be removed or deposited: (cubic yards) .(cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 14-16-4 (9/95)-Text 12 PROJECT I.D. NUMBER 617.20 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) ]. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. DA VIES LIVING TRUST Property 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 2385 Pine Tree Road; Cutchogue; Town of Southold, New York (SCTM #: 1000 - 104 - 03 - 002) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a docking facility offthe eastern shoreline of subject property in order to access the contiguous surface waters, and beyond. Please refer to the attached project plans for all specifications. 7. AMOUNT OF LAND EFFECTED: Initially 0.0! acres Ultimately 0.01 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~;~Residential []Industrial []Commercial []Agriculture []Park/Forest/Open space [~Other Describe: Single family residential dwellings with related appurtenances, including dock assemblies. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No If yes, list agency(s) and permit/approvals U.S. Army Corps of Engineers Authorization; N.Y. State Department of State General Concurrence; Town of Southold Board of Trustees Wetlands Permit. ]]. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Matt ~Ivans - Suffolk Environmental Consulting, Inc. Date: Auqust 5, 2010 Signature: f / If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART fl- ENVIRONMENTAL ASSESSMENT (To be completed by A~lency/ A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 use the FULL EAF. [] Yes [] No If yes, coordinate the review process and 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. [] Yes [] No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air qualify, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agpeuitural, archeological, historical or other natural or cultural resources; or community or neighborhood characted? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlEe species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing ptans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain bdefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? []Yes I--mNo IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If yes, explain bdefly PART lit - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) irrevereibility; (e) geographic scope; and (f} 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 and significance must evaluate the potential impact of the proposed action on the environmental characteristice of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly 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 action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer T~leofResponsibleOfficer Signature of Responsible Officer in Lead Agency officer) Signature of preparer (if different From responsible Date PART II - IMPACT ASSESSMENT (To be completed by Lead Agency). A. DOE~ ACT1ON ~_~=r.u ANy TYPE i ~V~RE.~,-iOLD iN 6 NYCRR. PART 617A? If Yea, eaom~lnate the re~ pf'oceas and use the FULL EAF. B. WILLACTIONR~VECO~INATEDREVIEVVA~PROVlDEDFORUNUSTEDACTIONSlN6NYCRR, PART617.67 IfNo, anegatlve El~ea IZl.o C. COULD ^CTION RESULT IN ANY AD'v~'~it= ~J- h L-~I .~t AS~OClA'I'ED WH~ 'R.IE FOI.LOWiNG: ~ ~ ~ ~ ff ~) C1~ E~,g oft qua~y, eurfam ~- groundwater qu~l~y or quantity, ~se tevek, e3d~lng imfllc pattern, solid waste ~ ~ ~1, I"° I I"° , I I D. ~ ~E ~CT ~ ~ I~ACT ON ~E E~R~M~ ~S~ ~T ~U~ ~ EST~ OF A ~m~ ~ ~ ~ a~ In ~ ~ ~ (a) ~ 0.e. u~ ~ ~O; ~) P~ ~ ~; (¢) du~ (~ ~ (e) ~ NOT ~ b .Board of Trustees Name of Lead A0ency Jill M. Doherty ~,n, or T~.a.~ of~s,~ O=~er ~ Lead Igna~ure of Respeasible in Lead/~encv .- President Date Title of Reaponrdble Officer Mum 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 I 179 Southold, NY 11971 Telephone (631 ) 765 - 1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of DAVIES FAMILY TRUST COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~(J,~L X ~b'Sid¢~ , residing at/dba b~ei~ig duly sworn, depose and say: That on the/O~ay of ~)~'f~ ,2010, I personally posted the propert~v known as by ~lacing t]ae Board of Trustees 0ffic~/'al p~oster where it ~an eas~ly be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed., September 22, 2010 on or about 6:00 PM. Dated: (signature) Sworn to before me this day of~y, 20~ 0 Matthew D. Ivans Notary I~ ,birc of New York tx;c, O :/605'3559 Commis$io¢, ,Lxp res January 22, Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (63 I) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President September 13, 2010 Mrs. Lauren Standish Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re** Situate: SCTM #: DAVIES LIVING TRUST Property 2385 Pine Tree Road; Cutchogue; Town of Southold, New York 1000 - 104 - 03 - 002 Dear Mrs. Standish, As you know, this Firm represents the ownem of the above referenced property. This properly will be the subject of a Public Hearing before the Southold Board of Trustees. As per Trustee Heating requirements, please find enclosed: Original Affidavit of Mailing, with attached certified receipts dated September 10, 2010. Should you have any questions regarding this mailer, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Diane K. Wassick enc. cc: Mr. Salice Name: Charles Salice William & Carol Ackerman PROOF OFM~ILING OF NOTICE ATTACH CF~TIFIEDMAIL RECEIPTS Address: 13 Tall Tree Circle; 14 Soundview Farm Rd; Riverhead, NY 11901 Weston, CT 06883 Joseph & Krista Melly Eric Izzo 2390 Pine Tree Rd; Cutchogue, NY 11935 2310 Pine Tree Rd; Cutchogue, NY 11935 STATE OF NEW YORK } } COUNTY OF SUFFOLK } Diane K. Wassick c/o Suffolk Environmental Consulting, Inc., residing at 2322 Main St.; Newman Village Suite E; P.O. Box 2003; Bridgehampton, NY 11932 , being duly sworn deposes and says that on the /~ day of~o)--~/~__ , 2010, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this /~ day of ~3 ,-~.~.~J~_ , 2010 / ~otary Public M~tthm,~ D W~ns NOt~"' ; ~r, ~ Vor ~)~F~F~C ! A L USE ~).44 $2.80 $0,00 / ~ Postma~ $0.44 $.2.80 $2.30 $0.00 $5.54 02 Board of Trustees Application County of Suffolk State of New York DIANE K. WASSICK- Suffolk Environ. ConsultingT Inc. BEING DULY SWORN DEPOSES AND AFFIRMS 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 1N THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(SO, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS ~igna~re DAY OF','Z~4"'/7- ,20 /N0i~ry Public M~l~hew D, Ivans Notary PL~biiC ol New York No. 0 ~ \/60, ,;809 - ~ c:utldk County Commissior, Expires january z~, Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print owner of property) CutchoQue. New York residing at. 2385 Pine Tree Road (mailing address) do hereby authorize Suffolk Environmental (Agent) Consultinq, Inc. Southold Board of Town Trustees on my behalf. (Owner's signature) to apply for permit(s) from the 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", 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: online at the Town of Southold's website (southoldtown.norlhfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 104 03 002 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a docking facility off the eastern section of sub, jet/ property and the shoreline of Little Creek. Attach additional sheets if necessary Location of action: Site acreage: 2385 Pine Tree Road~ Cutchogue~ Town of Southold~ NY 0.4 acre -+ Present land use: Improved w/single family dwelling and related appurtenances Present zoning classification: R - 40 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: DAVIES FAMILY TRUST (b) Mailing address: 2385 Pine Tree Road; Cutchogue; Town of Southold~ NY (c) Telephone number: Area Code ( 631 ) 537 - 5160 (d) Application number, if any: N/A 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? 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. [] Yes [] No [] Not Applicable Subject oro~osal is consistent with the oolicv in that the sitino and utilization of the orooosed dock assembly will maintain the character of the surrounding neiqhborhood, which currently consists of manv similarly-improved residential lots with similar accessorg structures/i.e, dock assemblies along Little Creek). In addition, subject I~rol~osal will be in harmony with the "...beneficial use of a coastal location..." in that the legally created residential waterfront (i.e. coastal} lot will be enhanced by the inclusion of the proposed dock assembly in order to access the contiguous surface waters. Accordingly, we believe that this project is consistent with this policy. Auach 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 Sub_iect proposal is not applicable to this policy in that it will have no impact to any potential historic and/or archaeological resources within the surrounding area. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not oreater, size and scope. Scenic resources, assumediy views of Little Creek and Little Peconic Bay to the east, are not at risk due to the proposed dock assembly being typical of the character of this section of waterfront. Accordin(]lv. this proposal will comply with Policy 3. 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 [] Not Applicable Subiect ~ro~osal will fully comply with Policy 4 in that the proposed dock assembly is desiqned to be comparable in design and scooe as that of the surroundinq dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. Accordingly, this proposal will comply with Policy 4. Attach additional sheets if necessary 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 Subiect [~rooosal is not applicable to this policy in that it will have no effect to the water quality/supply within the surroundinq area. 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 Subject proposal will maintain the quality of the surrounding ecosystem in that the proposal is typical of this section of Little Pond, which has not resulted in significant effects to the surrounding ecosystem. Accordingly, thi~ proposal will comply with Policy 6. Atlach 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 Subiect orooosal is not aoolicable in that the orooosal is simolv to imorove subject orooertv with a dock assembly which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this policy. 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 Subiect oroposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 II1 - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal is attendant to a private dwellinq. Regardless, this project will not impede any access to the surface waters in and around subiect proped:y and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subiect oroposal is applicable in that a water-dependent use (i.e. access to surface waters; boating) is being sited onto a waterfront parcel, however, with reqards to this Policy's concerns with marinas, aquaculture, etc..., this orooosal is not applicable due to this proposal involvinq only a private docking assembly. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource manaoement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...}. 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 Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of enerclv resources on a commercial level and/or the promotion of alternative enerov sources, oro~er maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11.'20 AM Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main StreeL P.O. Box 2003, Bridgehampton, New York 11932-2003 (631 ) 537-5160 Fax: (631 ) 537-5291 Bruce Anderson, M.S., President August *25, '2010 Ms. Jill Doherty, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: DA VIES LIVING TRUST Property ~$85 Pine Tree Road; Cutchogue; Town of Southold, New York 1OOO -- 104 -- 05 - 00~ Dear Ms. Doherty, This Firm represents the owner of the above referenced property, who is seeking all required regulatory permits in order to construct a dock assembly thereon. Enclosed herewith please find a completed Wetland Permit Application. Application contents are as follows: (1) Town of Southold Trustees Wetlands Permit Application (original and two f'23 copies); (*2) Short Environmental Assessment Form (original and two f'23 copies); (5) Local Waterfront Revitalization Program application (original and two ['.23 copies); (4) Location Map for reference (three E32 copies); (5) Photographs of conditions thereon (three f~$2 sets); (6) Proposed Floating Dock Expansion Plans, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., last dated August 10, 2o lO, indicating the existing and proposed conditions thereon (three ~$~ sets); (7) Survey of subject property, prepared by PECONIC SURVETORS, P.C., last dated August 9, 2010, indicating the existing and proposed conditions thereon (three ~$'] copy); and (8) Check made out to the Town of Southold, to cover the requisite fee. By way of this correspondence, and on behalf of the homeowner, I request that you commence review of this application and schedule before the next available Trustees Board meeting for discussion and subsequent permit issuance. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans enc. cc: C. Salice N N87'01 '20"E 15 MON 0.9'~ ~ FLOOD ZONE FROM FIRM MAP $6103C0164H SEPTEMBER 25, 2009 ELEVATIONS REFERENCED TO N.A. V.D. MEADOW LANE (UN~pROV~O) PiTq=DEPTH OF WATER AT LOW TIDE I =PROPOSED DOCK STAKE · =MONUMENT LOT NUMBERS REFER TO "MAP OF NASSAU FARMS" FILED tN THE SUFFOLK COUNTY CLERK'S OFFICE ON MARCH 28, 19J5 AS FILE NO. 1179 '- S87'01'20'W as's LOT 16 1/2 sm H$~ a~ GAR. LOT 14.4 SURVEY OF PROPE~ A T PECONIC O% I000-104-03-02 SCAL~' 1~30' JUNE 10, 2010 JUNE ~8, 20~0 (~ ZONE JULY 30, 20~0 (SOUNO~NGS) A~ ~ ~0 ~. DO~ ZONE 253.95' CERTIFIED TO: DA VIES FAMILY TRUST CHICAGO TITtE INSURANCE COMPAN/~' , AREA=17,633 SO. FT. TO TIE LINE ANY ALTERATION OR ADDITION TO THIS SURVEY IS A ~qOLATION OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. /PtCONIC SU-f~VE~'ORS, P.~,. (6Jl) 765-5020 F~4X (631) 765-1797 P.O. BOX 909 12J0 7CRA VELER STREET ~ DA VIES FAMILY TRUST Property Proposed Dock Structure SITE PLAN DETAIL Situate: ~585 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM #: 1000 - 104 - 05 - 00~ T ~'N OF SOUTHO ~[:.,.' 'i':'K WAD: ~ Bier twalk [4.0' x 60.0'1] 6.0' ' , , PROJECT DESCRIPTION: E~sfingSteps ~ Pr,>v~sed~ingedRa.n~ $ *- ' "~ Applicant proposes to construct a [3.0'x15.0'1 f docking assembly off the eastern [ ~ shoreline of subject property ~ consisting of the following: FIXED ~ ~ ~ ~ ELEVATED CATWALK measuring ~ ~ ~ [~ +.O' wide x 60.0' long (supported by ~ ~ ~[ eighteen C~85 pilings); HINGED = ~m ~ ~MP measuring S.0' wide x 15.0' [i~ ~ ~ long; FLOATING DOCK measuring ~ { m ~ 6.0' wide x ~0.0' long (secured by fonr ~ [~ pilings). All materials to be non- ~h ) treated (Fir, Oak, Cedar, etc...) and all ~_~ [ hardware to be hot-dipped galvanized. NOTE: Soundings pursuant to the unde~ater top~raphi~l contours as NOTE: Open-Grate Decking t0 be us~ atop the pr0p~ed catmlk. / ~.G. (see aflached su~ey, last dated August 9, 2010). U"t~: A~~O'~°'°?~P~m~r~Z'~01~; ~/~° SUFFOLK ENVIRONMENTAL CONSULTING, INC. Drawn ~y: ~& P,O, Box 2003 · Bridgehampton · NY · 11932 OF Comments: Ad~pt=Jf~o~th ..... uof,,~¢¢t mo~¢~,-~p~¢~,¢~ ~,FYCONIC ~iJKVFYOK.h.P(- (631) 537 - 5160 (phone) ..... (631~ 537 - 5291 (facsimile3 DA VIES FAMILY TRUST Propertf Proposed Dock Structure SOUTH ELEVATION Situate: ~$85 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM #: 1OOO - 104 -- O$ - OO~ 94 ' to~lli~ ~ 60 O' ~ 15 O' ~,!~.~ Proposed Hing~ ~mp ~3.0~x 15.0'~ ~ Proposed Fi~ed Elevated CaP~-alk 4.0 x 60.0 ~ // ~ i ~ , ~ ~ /Prop~ ~fing Dock 6.0' x 20.0' /t [ ; --- ~ 2 ....... T2 PROJECT DESCRIPTION. - ." --- 1[/, , -~ ~ Apphcant proposes to construct a ~ . ;kLW -3~+ ~+ docking assembly off the eastern Pr0p0s~t Pilings i0 t0~l ~ 4' x 4"~ - ,, , 4 ,_ shoreline of subject property ~d~WeflandsB0und~y ' consisting of the following: FIXED Pr0pc, sed Pilings [12 t0b~ ~ 6" x 6"] ~ ELEVATED CATWALK measuring ' ~.0' wide x 60.0' long (supported by eighteen ~18~ pilings); HINGED ~MP measuring g.o' wide x 15.0' long; FLOATING DOCK measuring 6.0' wide x 20.0' long (secured by four ~+2 pilings). All materials to be non- treated (Fir, Oak, Cedar, etc...) and all hardware to be hot-dipped g~vanized. NOI[: Soundin9s pursu~nI I unde~ator topographi~l contours as N~: 0pen-Ora(e De~in~ t0 be ~s~ at0p [~e pr0p~ed ~tw~lk. obtained by PECONIC SURVEYORS, P.C. (see a~ached su~ey, last dated Augu~ 9, 2010). mtn: A%~ ~o,~o~o,,~,~,~o,~;~.~z~,o SUFFOLK ENVIRONMENTAL CONSULTING, INC. Drawn by: ~Ai P,O. BOx 2003 · Bridgehomptoa · NY · l ] 932 OF Comments: A&pt~d ~rom th ..... q o¢ ~,¢¢t p~o~, ~ ~¢~ b, ~ CONK ,S(I~VV YOa,%, ~ (' (63 ] ) 537 - 5160 (phone) ~ · - ~ (631) 537- 5291