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Home My WebLink AboutTR-7310Jill M. Doherty, President James F. King, Vic~-Prcsident Dave B~rgen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P:O. Box I 179 Southold, NY 11971 Telephone (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 1st day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7310 DATE: MAY 19, 2010 ISSUED TO: NEW SUFFOLK PROPERTIES~ LLC dba NEW SUFFOLK SHIPYARD PROPERTY ADDRESS: 3350 WEST CREEK AVENUE, CUTCHOGUE scUM# 110-1-12 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 May ~9, 2010, and in consideration of application fe~ in the sum of $250.00 paid by New Suffolk Prooerties. ~ LLC dba New Suffolk Shipyard and subjgct 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 approximately 69 linear feet of vinyl bulkhead in place of existing timber bulkhead and construct approximately 20 linear feet of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approximately 25 cubic yards clean sand to be trucked in from an upland source; replace existing light post and evergreen trees; with the conditions that the new light fixture conforms to Town Code regulations, and the installation of a silt boom that will retain all suspended sediments within the immediate project area during construction; and as depicted on the site plan prepared by Eh-Consultants, Inc., last dated December 13, 2010, and stamped approved on December 17, 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 New Suffolk Properties, LLC dba New Suffolk Shipyard residing at 3350 West Creek Avenue, 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 Permittec 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 Pemait 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 Penmittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without 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 May 19, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: NEW SUFFOLK PROPERTIES, LLC dba NEW SUFFOLK SHIPYARD 3350 WEST CREEK AVENUE, CUTCHOGUE SCTM# 110-1-12 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 19, 2010 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of NEW SUFFOLK PROPERTIES, LLC dba NEW SUFFOLK SHIPYARD 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 Apdl 28, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, 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 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of NEW SUFFOLK PROPERTIES, LLC dba NEW SUFFOLK SHIPYARD to construct approximately 69 linear feet of vinyl bulkhead in place of existing timber bulkhead and construct approximately 20 linear feet of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approximately 25 cubic yards clean sand to be trucked in from an 'upland source; replace existing light post and evergreen trees; with the conditions that the new light fixture conforms to Town Code regulations, and the installation of a silt boom that will retain all suspended sediments within the immediate project area during construction; and as depicted on the site plan prepared by En-Consultants, Inc., last dated December 13, 2010, and stamped approved on December 17, 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: $50.00 Very truly yours, Jill M.~o'hert~y ' ~)~ President, Board of Trustees JMD/eac · N~w'York State Department of Environmental Conservation Division of Environmental Permits SUNY @ Stony Brook, 50 Cirele Road, Stony Brook, NY 11790-3409 Telephone ((~31) 444-0352 Facsimile (631) 444-0360 Alexander B, Grannis Commissioner May 21, 2010 New Suffolk Properties LLC C/O Lawrence Willis P.O. Box 2406 Southampton, NY 11969-2406 RE: 1-4738-00096/00020 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclgsed is a permit sign which is to be conspicuously posted at ~he project site and protected from the weather. Sincerely, d//Jacql~line R. Pasquini Environmental Analyst JRP/ls ,Enclosure , NE3N YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facili~ DEC ID 1-4738-00096 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: NEW SUFFOLK PROPERTIES LLC C/O LAWRENCE WILLIS PO BOX 2406 SOUTHAMPTON, NY 11969-2406 (631) 734-6311 Facility: CUTCHOGUE HARBOR MARINA 3350 WEST CREEK AVE[SCTM#1000-110-1-12 CUTCHOGUE, NY 11935 Facility Application Contact: EN-CONSULTANTS INC 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (631) 283-6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Cutchogue Facility Prin~:ipal Reference Point: NYTM-E: 711.9 NYTM-N: 4541.2 Latitude: 41°59'40.1" Longitude: 72028'50.7" Project Location: 3350 West Creek Avenue - WatercoUrSe - Wickham Creek Authorized Activity: Remove and replace 69 feet of bulkhead in place of the existing bulkhead. Construct 20 feet of new bulkhead to extend to existing concrete ramp and construct a 16 foot return. Remove and replace existing trees and light pole and reconnect drain pipe. Track in 25 cubic yards of clean sand and place it landward of the bulkhead extension as backfill. All work must be in accordance with the attached plans stamped NYSDEC approved on 5/20/2010. (JRP) Permit Authorizations Tidal Wetlands - Under Article 25 F~tmit ID 1-4738-00096/00020 New Permit Effective Date: 5/21/2010 Expiration Date: 5/21/2015 Water Quality Certification - Under Section 401 - Clean'Water Act Permit ID 1-4738-00096/00021 New Permit Effective Date: 5/21/201'0 Excavation & Fill in Navigable Waters - Under Article 15, Title $ Permit ID 1-4738-00096/00022 New Permit Effective Date: 5/21/2010 Expiration Date: 5/21/2015 Expiration Date: 5/21/2015 Page 1 of 6 NF~W fORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4735-00096 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: ~r.~.//~ Date$/~t4.4.ao, O Distribution List EN-CONSULTANTS INC Marine Habitat Protection IACQUELINE R PASQU1NI Permit Compo.ents NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS I. No Interference With' Navigation There shall be no unreasonable interference with navigation by the work herein authorized. 2. Notice of Commencement At least 48 hours prior m commencement of the project, the pvmdttee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the comploted work. Page 2 of 6 NE,W ~ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00096 3. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or Waters. Only w.atertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the. forms. 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction o?this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitt~ in _wetlands and/or protect.ed buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Storage of Equipment, Materials The storage of construetion equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 7. Department Jurisdiction The department retains jurisdiction of all regulated lands where fill has been permitted. Placement of fill shall not be used to alter the department's Tidal Wetland jurisdictional area at the project site. The area remains a regulated area subject to Tidal Wetland Land Use restrictions of 6 NYCRR Part 661. 8. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, fiyash, broken concrete or demolition debris). 9. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 10. Grade to Match That Adjacent to Bulkhead All fill must be graded to match the elevation of the land immediately adjacent to the bulkhead. 11. Backffiling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such structures. Bulkhead Height The new bulkhead height shall not exceed the height of the adjacent bulkheads. 13~ No Seaward Extension of Bulkhead The new bulkhead shall be constructed in place of the existing bulkhead with no seaward extension of the outermost bulkhead face. 14. No Structures on Bulkhead No permanent structures shall be installed on the authorized, bulkhead without first obtaining written departmeat approval (permit, modification, amendment). 15. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline stabilization'structures all backfill shall be excavated landward of the structure ired retained so as not to enter the waterway, tidal wetland or protected buffer area. 16. No RunoffOver or Through Bulkhead or into Wetland There shall be no discharge ofrunoffor other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or protected buffer area. Page 3 of 6 NE.W ,YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00096 'A 17. NO Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 111. State May Require Site Restoration If upon the expiration or revocation of this permit, the · project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former- condition. No claim shall be made against the State of New York on a¢coun[of any such rernoval or alteration. 19. State Not Liable for Damage The State of New York shall ih no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no. claim or right to compensation shail accrue from any such damage. 20. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submiited by the applicant or applicant's agent as part of the permit application. Such approved plans' were prepared by EnConsultants Inc. dated 4/27/10. 21. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation mag require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 22. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels,, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject Project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. Page 4 of 6 NE.W ~ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIO Facilit~ DEC ID 1-4738-00096 GENERAL CONDITIONS - Apply to ALL Authorized Permits: t. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representa, tive may order the work suspended pursuant to ECL 7 I- 0301 and SAPA 4Q1(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to producea copy of the permit upon request by a Depa~unent representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the ferms, conditions or requirements contained in such order or dete~'mation. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NYI 1790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following po~ixfit authorizations: Tidal wetIands, Water Quality Certification, Excavation & Fill in Navigable Waters. ' ' 5. Permit Modifications, Suspensions and Revocations by the Department The Depa~nent reserves the right to modify, suspend or revoke this p¢~iifit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the Pcmfittee to comply with any to~ais or conditions of the permit; c. exceeding the scope of the project as described in the permit application; newly discovered material information or a material change in environmental conditions, relevant technOlogy or applicable law or regulations since the issuance of the existing permit; Page 5 of 6 ' NI~W.¥ORK STATE DEPART~I~T OF ENVIRONMENTAL CONSERVATIo9 Facili'ty DEC ID 1-4738-00096 noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. 'Permit Transfer' Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, ' and agents CDEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions m connection with the perm~ee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own nagligcat or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising imder Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easement~ and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian'Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the p¢.~itted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a parly to the permit. Page 6 of 6 EAST CUTCHOGUE 50' / / dVO~ ~¥~ WICKHAW CREEK E N- CONSULTANTS lNG 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283-6360 I~W ~I~FOLK I~Offf. L¢111~5, bbC, DBA ~W 5LI~t~OLK 5HIPYAI~ ON WICD-tA/~ CI~I~K, CUfCHO6D~, f~?OLK CO,, NY ~kP.l~l'l Off I ~/27/I0 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) 76545641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated,z:br;I ol8-..=2o/o has been reviewed by this Board at the regular meeting of'~/~,¢/'~. A]~)/,-') and yOur application has been approved pending the completi6n of the following items checked off.b,~. // Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) ½ Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ /'L,)//~ BY: Jill M. Doherty, President Board of Trustees Peter Young, Chairperson Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 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 Jack McGreevy, seconded by Doug Hardy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of NEW SUFFOLK PROPERTIES, LLC dba NEW SUFFOLK SHIPYARD to construct approx. 69 linear ft. of vinyl bulkhead in place of existing timber bulkhead and construct approx. 20 linear ft. of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approx. 25 cy. clean sand to be trucked in from an upland source; replace existing light post and evergreen trees; and reconnect broken Southold Town drainage pipe. Located: 3350 West Creek Ave., Cutchogue. SCTM#110-1-12 Inspected by: Jack McGreevy The CAC does Not Support the application and recommends the requirement of a more comprehensive approach to the stormwater run-off problem. Vote of Council: Ayes: All Motion Carried Jill M. Doherty, President James F. King. Vice-President 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: En-Consultants, Inc. on behalf of NEW SUFFOLK PROPERTIES, LLC dba NEW SUFFOLK SHIPYARD requests a Wetland Permit to construct approx. 69 linear ft. of vinyl bulkhead in place of existing timber bulkhead and construct approx. 20 linear ft. of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approx. 25 cy. clean sand to be trucked in from an upland source; replace existing light post and evergreen trees; and reconnect broken Southold Town drainage pipe. Located: 3350 West Creek Ave., Cutchogue. SCTM#110-1-12 T.T.T~e of area to be impacted: altwater Wetland Freshwater Wetland Sound ,'~ Bay Distance of proposed work to edge of wetland ,P/art of Town Code proposed work falls under: Y'~hapt.275 Chapt. 111 other Type of Application: ~,-Wetland __Coastal Erosion .__Amendment __Administrative__Emergency __Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: _~J.King ___~J.Doherty ~,-J. Bredemeyer z'~-~D. Bergen__ B.Ghosio, ~ D. Dzenkowski other Form filled out in the field by~ Mailed/Faxed to: Date: ./ NEW SUFFOLK PROPERTIES~ LLC~ 3305 WEST NECK AVENUE~ CUTCHOGUE Figure 1. Looking southeast at exL~ting bulkhead tn be replaced (in-place) with vinyl and at location of proposed bulkhead extension and return. Figure 2. Looking northwest alnng tnp t~'~risting bulkhead to be replaced (in-place) with vinyl bulkhead. NEW SUFFOLK PROPERTIES~ LLC~ 3350 WEST CREEK AVENUE~ CUTCHOGUE Figure 3. Looking northeast at face of existing bulkhead to be replaced (in-place) with vinyl and at location of proposed bulkhead extension and return (lefthand side of photo). Figure 4. Looking southwest from West Creel Avenue over e_risting bulkhead to be replaced and extended. MARTIN D. FINNEGAN~ TOWN ATTORNEY ~q martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town H~I Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY Robert E. Herrmann TOWN OF SOUTHOLD Coastal Management Specialist 1319 North Sea Road Southampton, NY 11968 December 28, 2010 RE: New Suffolk Shipyard~ Cutchogue~ SCTM No. 1000-110-1-12 Dear Mr. H~iifiiann, During the public hearing for the above referenced application, the Board of Trustees heard testimony concerning a drainage pipe located in an easement area owned by the Town of Southold. The application included a request to reconnect the drainage pipe. The resolution did not reference the drainage pipe, as it was determined to be outside the scope of the Trustee's authority. Discussion in the minutes includes your concern that the repair of the pipe coincide with the work being done under the permit. To that end, the suggestion was made to contact the Highway Department at the inception of the work to coordinate this effort. Please find attached the minutes of the hearing. Loft M. H~l~e Assistant T~n Attorney Cc: Board of Trustees Pete Harris, Highway Superintendent Martin D. Finnegan, Town Attorney AR: EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com Jill Doherty, Chairwoman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 ~ l}ecember 14, 2010 2010 Re: New Suffolk Shipyard~ Cutchollue, SCTM No. 1000-110-1-12 Dear Ms. Doherty: As required by the Board during the public heating held on the captioned application on May 19, 2010, I am attaching hereto three (3) copies of a project plan last dated 13 December 2010, which has been revised to delete the language relating to the proposed repair and recouneetion of the failed Town drainage pipe that extended through the applicant's bulkhead. As you indicated during the heating, it is my understanding that the Trustees do not have the authority to permit the applicant to replace the drainage pipe because it is located in an easement held by the Town. Rather, you indicated that when the work is scheduled to be undertaken, the applicant should contact your office and that of the Highway Department so that thc work by the Town to recommission the pipe could be promptly coordinated with the applicant's contractor. It is the applicant's sincere hope that this coordination will in fact occur as you described. Please also note that the project as submitted to the Trustees, including the replacemem of the drainage pipe, was approved by the New York State Deparh~ent of Environmental Conservation, and a copy of their permit is attached hereto for your file. cc: Michael Irving, New Suffolk Shipyard Lori Hulse, Assistant Town Attorney R~lly yours, Coastal Management Specialist OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM Jill Doherty, President Town of Southold Board of Trustees To: From: Mark Terry, Principal Planner LWRP Coordinator '~ "~"~ TOWN OF SOUTHOLD MEMORANDUM ..~Bo~rd of freste~,s Date: May 17, 2010 Re: Proposed Wetland Permit for NEW SUFFOLK PROPERTIES, LLC dba NEW SUFFOLK SHIPYARD SCTM#1000-110-1-12 En-Consultants, inc. on behalf of NEW SUFFOLK PROPERTIES, LLC dba NEW SUFFOLK SHIPYARD requests a Wetland Permit to construct approx. 69 linear ft. of vinyl bulkhead in place of existing timber bulkhead and construct approx. 20 linear ft. of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with apprex. 25 cy. clean sand to be trucked in from an upland source; replace existing light post and evergreen trees; and reconnect broken Southold Town drainage pipe. Located: 3350 West Creek Ave., Cutchogue. SCTM#110-1-12 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. In the event that the action is approved; to further Policies 5. Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the structure pursuant to: § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessar~ during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. 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. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer 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 Office Use Only .7~wOaStal Erosion Permit Application etland Permit Application Amendment/Trines fer/Exten sion ~eceiv~d Application: ~ ~ I~ ~eceived Feel ~'~x~~ ' .~-~ompleted Application~ Incomplete SEQRA Classification: Type I Type Il Unlisted Coordination: (date sent) , .I~VRP Consistency Assfssment Form ~>AC Referral Sent: ~atc of Inspection: ~ Receipt of CAC Report: ~Lead Agency Determination: Technical Review: ~3blic nearing Held: .q,,~[ Iq IlO Resolution: Administrative Permit Name of ApplicantNEW SUFFOLK PROPERTIES, LLC, dba NEW SUFFOLK SHIPYARD Address c/o Lawrence Willis, Managing Member; P.O. Box 2406, Southampton, NY 11969 Phone Number: 63~ 734-6311 Suffolk County Tax Map Number: 1000 - 110-1-12 Property Location: 3350 West Creek Avenue, Cutchogue (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 Board of Trustees GENERAL DATA Land Area (in square feet): 166,308 SQ. FT. Area Zoning: M-! Previous use of property: COMMERCIAL MARINA Intended use of property: NO CHANGE Covenants and Restrictions: No X Yes 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? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 69 linear feet of vinyl bulkhead in place of existing timber bulkhead and construct approximately 20 linear feet of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approximately 25 cubic yards clean sand to be trucked in from an upland spume; replace existing light post and evergreen trees; and reconnect broken Southold Town drainage pipe, all as depicted on the project plan prepared by En-Consultants, lnc, dated April 27, 2010. Board of Trustees Appli~ion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintain existing bulkhead and stabilized shoreline adjacent to road Area of wetlands on lot: N/A .square feet Percent coverage of lot: N/A Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? NO X Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-35 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 25 cubic yards clean sand fill to be tracked in from an upland source, dumped and graded as backfill landward of new bulkhead. 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): The project consists of the ordinary and routine maintenance/replacement of an existing bulkhead at a commemial marina as well as the extension of that bulkhead to maintain the stability of the shoreline adjacent to a paved road wherein road runoffand drainage has caused the erosion of the retained land behind and adjacent to the bulkhead. The project will have no significant adverse impacts on the adjacent tidal wetlands or waters of the Town. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION ~E~P~I~)~L~Ot~SS~ERTIES, LLC BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Municipality CUTCHOGUE 617.20 ~ APPENDIX ~ STATE ENVIRONMENTAL QU~Ef'rY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A ,licant or Project Sponsor) 2. PROJECT NAME NEW SUFFOLK SHIP YARD County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map t350 WEST CREEK AVENUE, CUTCHOGUE, TOWN OF SOUTHOLD, SCTM #1000-110-1-12 5. ,S PROPOSED ACTION: [] New [~Expansio~l [~M(x:lification/alteration 6. DESCRIBE PROJECT BRIEFLY: SEQR 2onstruct approximately 69 linear feet of vinyl bulkhead in place of existing timber bulkhead and construct approximately 20 linear feet of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approximately 25 cubic yards clean sand to be trucked in from an upland source; replace existing light post and evergreen trees; and reconnect broken Southold Town drainage pipe, all as depicted on the project plan prepared by En-Consultants, Inc, dated April 27, 2010. 7. AMOUNT OF LAND AFFECTED: Initially 3.82 acres UI6mately 3.82 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? J~Yes [] NO If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~]Residential Olndustdal [~3Commercial r~Agdculture Opark/Forest/ObenSpace [~]Other(descdbe) 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: DEC, COE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes ~]No If yes. list agency name and permit / approval: 1~.=~S A P~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I lYes ~'~,JNo I CERTIFY THAT/IHE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicar~t / Sponsor Name..~ERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: APRIL 27, 2010 Signature ~ -- ~ -- If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART Il -: IMPACT ASSESSMENT (To be completed by Lead Agency)* A. b'~---~ ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617A? ff Ye~, oomd~ the m~,ew process and use ~he FULL EAF. E]¥e~ r~'l No B. V~ILLACTION RECEIVECOOROINATEDREVIEWAS PROV]DEDFORUNI.~]~UACTIONSiN6 NYCRR, PART617.67 ffNo, e nega6~ (X~ULD AGqlON RESULT IN ANY ADVERSE EFFECI'8 A88OCIATED I/~TN THE FOLLCW~IN(3: (AnlRvet~ may im hamJwlf~M~, if MG~Me) ~° A ~,,,,~s ~ ~ ~ g~ as ~,,~ ~, ~ a u~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~? ~l~ ~: ~, ~ ~, ~a~, ~ ~ e~s n~ ~6~ ~ C1~ ~ ~y: PR~ ~ ~ IMPA~ ON mE E~R~ME~AL ~l~m AT ~U~D mE ~HME~ ~ A ~ITI~ ~ ~ .~ ~ ~on ~ ~ (.) ~ O.e. ~ ~ m~; ~) ~ ~ ~; (~ ~: (d) ~ (e) HOT ~ h any ~nt ~ ~ ~ ~ ~, ~ a~ ~ ~, ~ ~s ~ ~ ~.. Beard of Trustees Name of Lead Agency Jill M. Doherty President Title of Responsible Officer ,S~gnalure of Preparer (If dlfferen{ [rom responsible officer) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: New Suffolk Properties, LLC dba New Suffolk Shipyard $CTM#1O00-110-1-12 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct approximately 69 linear feet of vinyl bulkhead in place of existing timber bulkhead and construct approximately 20 linear feet of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approximately 25 cubic yards clean sand to be trucked in from an upland source; replace existing light post and evergreen trees; and reconnect broken Southold Town drainage pipe, all as depicted on the project plan prepared by En-Consultants, Inc, dated April 27, 2010. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3350 wWest Creek Avenue, Cutchogue 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: May 19th, 2010 ~ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. New Suffolk Properties, LLC dba New Suffolk Shipyard PROPERTY OWNERS NAME: c/o Lawrence Willis, Managing Member MAILING ADDRESS: P.O. Box 2406, Southampton, NY 11969 PHONE#: 631-734-6311 AGENT: EN-CONSULTANTS, INC. MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. EAST CUTCHOGUE 1"= 50' / / ~ICKHAM CREEK E N- CONSULTANTS INC 1319 NORTH SEA RD, SOUTHAMPTON, NY ] ]968 ~3]-283.&3&13 dVO~ ATTACH CERTIFIED MAIL~PT:~ Name: Daniel R & Carol A. Dugan Edward C. & Betty .lean Hassildine Edward C. & Betty Jean Hassildine Robert W. & Janet M. Vanderbeck Scott & Sarah Hassildine David R. Schoenhaar Stanley Dziadowicz Peter & Nancy Eichacher Michael & Corinne Slade Marjorie Dickson Mary Anne Huntington Address: 9 Prospect Street Glen Head, NY 11545 P.O. Box 1276 Cutchogue, NY 11935 P.O. Box 1276 Cutchogue, NY 11935 2775 West Creek Avenue Cutchogue, NY 11935 2905 West Creek Avenue Cutchogue, NY 11935 3015 West Creek Avenue Cutchogue, NY 11935 18605 Brooke Road Sandy Spring, MD 20860-1412 7 Palisade Plz Edgewater, NJ 07020 3215 West Creek Avenue Cutchogue, NY 11935 3175 West Creek Avenue Cutchogue, NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, deposes and says that on the 28th day of APRIL ,20 10 , 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 SOUTHAMPTON , that said Notices were Mailed to each of said persons by (certified) i~} mail. ~ ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Sworn to before me this 28th day of APRIL ,20 10 Not~9 ~uSlic OFFICIAL SE Daniel R. & Carol A. Dugan 9 Prospect Sweet Glen Head, NY 11545 OFFICIAL USE[ Sent TO Scott & Sarah Hassildine ~;;,~:g6:i 2775 West Creek Avenue orVOt~t~. Cutchogue, NY 11935 I OFF CIAL USE Peter & Nancy Eichacker 18605 Brook Road Sandy Spring, MD 20860-1412 Mmy Anne Huntington 3175 West Creek Avenue Cutchogue, NY 11935 m m OFF ClAL USE m Postmark [~nt TO Edward C. & Betty Jean I-Iassildine ~/~;-,,t~;~;~ P.O. Box 1276 ~-vo~o:,~. Cutchogue, NY 11935 [ OFF CIA E ITl m David R. Scheenhaar 2905 West Creek Avenue Cutchogue. NY 11935 OFF C~AL USE I Poslmark Here Michael & Corinne Slade 7 Palisade Plz Edgewater, NJ 07020 . 10FFiCi SE Edward C. & Betty Jean Hassildine, Robert W. & Janet M. Vanderbeek P.O. Box 1276 Cutchogue, NY 11935 =1 OFFiCiA,J Certified Fee / Return Receipt Fee r-~ (Endorsement Required) Restricted Deliver, Fee (Endorsement Required) m F~ or PO Box No. 20~.~ Hem Stanley Dziadowicz 3015West Creek Avenue Cutchogue, NYl1935 I OFFICI SE Certified Fee ~0 (Endorsement Required) ' ERnedSot r~s~l 1de ~D~t RelN eq~u ' r~ ssnt To Marjorie Dickson ~f?~'dc'~.r. 3215 West Creek Avenue oreO~os~o. Cutchogue, NY 11935 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 NEW SUFFOLK PROPERTIES~ LLC dba NEW SUFFOLK SHIPYARD COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~P~/m , r~/dba being duly sworn, depose and say: That on the ?{-day of /~/'P/' ,20 0, 1 personally osted the property known as by placing the Board of Trustees official poster where it can eagi'Jy be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of hearing noted thereon to be held Wed. May 19~ 20!~.on or about 6:00 PM. Dated: ure~ (signat Sworn to betbre me this day of f~20~)O of Trustees Applic&tio~ AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at l$ov. z¢og (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) of Trustees Applic&tio~ County of Suffolk State of New York t~.,.., ~-e-~e_ n . c,-J ,'tl ;~ 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 IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, 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. Signature SWORN TO BEFORE ME THIS q~" DAY OF ~0¢,¢-,~..-,.,, 20 k.o Notary Public AUCIA WALKER Qua ia~'~ in Suffoll~ County Commission Expires Sept. 25, ~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the hast of town officers and employees. The p~rpos~ of this form is to orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: / ~. cO P~',~*~ ~ /4~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that appl)'.) 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 corporation in which the town officer or employee owns more than 5% of the shaves. 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 check 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): A) the owner of greater than 5% of the shares of the corporate stock of the 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, partner, or employee oftbe applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this c) day of Signature _~.~-.-,~ ~ ~--~"~-~' Print Name /. ~,.a ~¢ -,, ¢ 200 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com April 28, 2010 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: New Suffolk Properties~ LLC~ 3350 West Creek Avenue~ Cutchogue Dear Mr. Terry: Attached please find an LWRP Consistency Assessment Form which is being submitted in association with an application to the Board of Trustees for a Town Wetlands Permit to replace and extend an existing timber bulkhead with a vinyl bulkhead, as depicted on the project plan prepared by En-Consultants, Inc., dated April 26, 2010. I have indicated that all policies are "Not Applicable" because pursuant to Town Code §268-5 ("Review of Actions") and the corresponding definitions of "action" and "minor action" by §286-3 ("Definitions"), the project meets one or more of the following definitions of minor action and is thus not subject to waterfront consistency review pursuant to Chapter 268: 1. "A. Maintenance or repair involving no substantial changes in an existing structure or facility;" "B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire code, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) where structures may not be replaced, rehabilitated, or reconstructed without a permit." 3. "GG. Bulkhead to replace existing bulkhead on the applicant's property in the same location with a silt curtain employed during construction." Respe ~lly yours, Rober Coastal Management Specialist cc: Lauren Standish, Board of Trustees Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A Il applicants f0r perm its* including T 0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other inform ation used by aT own of S nuthold agency in m a k i n g a d e t e r m in a ti 0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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- suDDortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 110 I - 12 PROJECT NAME NEW SUFFOLK PROPERTIES, LLC, dba NEW SUFFOLK SH1PYARD The Application has been submitted to (check appropriate response): TownBoard I~ PlanningBoardl~ Building Dept. l~ BoardofTrustees[~ 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: Construct approximately 69 linear feet of vinyl bulkhead in place of existing timber bulkhead and construct approximately 20 linear feet of new vinyl bulkhead to extend bulkhead to existing concrete boat ramp; construct 16' return; backfill with approximately 25 cubic yards clean sand to be trucked in from an upland source; replace existing light post and evergreen trees; and reconnect broken Southold Town drainage pipe, all as depicted on the project plan prepared by En-Consultants, Inc, dated April 27, 2010. Location of action: 3350 WEST CREEK AVENUE, CUTCHOGUE Site acreage: 3.82 ACRE Present land use: COMMERCIAL MARINA Present zoning classification: M-I 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: NEW SUFFOLK PROPERTIES, LLC, dba NEW SUFFOLK SHIPYARD (b) Mailing address: c/o LAWRENCE WILLIAMS, MANAGING MEMBER P.O. BOX 2406, SOUTHAMPTON, NY 11969 (c) Telephone number: Area Code 631-734-6311 (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 COASTPOLICY 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 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 1--] Yes I--] No X 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 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 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 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~--~ Yes ~-] No [~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable 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 ~ NoR Not AppLicable Attach additional sheets if necessary WORKING COAST POLICIES Polidy 10. Protect Southold' ter-dependent uses and promote g of new water-dependent suitable locations. See LWRP Section IH - Policies, Pages 47 through 56 for evaluation criteria. [~ Yes [--] No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes ~] No [~ Not Applicable 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. PREPARED BY E~H ROB ERRMANN -- TITLEcoASTALMGMTSPECIALIST DATE 4/27/10 Amended on 8/1/05 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 No~h Sea Road Southampton, New York11968 631-283-6360 Fax:631-283-6136 www.enconsultan~.com April 27, 2010 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Laurcn Standish Re: New Suffolk Properties, LLC dba New Suffolk Shipyard 3350 West Creek Avenue, Cutchogue SCTM #1000-110-1-12 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) project plans; and d) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. Three (3) LWRP Consistency Assessment Forms including: a) project plan. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Coastal Management Specialist ~hs Enc. EAST CUTCHOGUE 1"= 50' t, fNYL BULKHEAD IN ~ PLACE OF EX. u~ ~ICKI-IA~d CR~K EN-CO?;SCLiAXTS, !~,!C, 1319 NOETH SEA ~U~ SOUTHAMPTON, ~ 11968 631-283-6360 E N- CONSULTANTS INC 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360 FEOPO~P I~LLKI-I~AF I~FL.~l~l'¢r NEW ~LIPPObK ?EOFEI~I~5, bbC:, NEW ~T:t~PObl(. ~IIFY/N~[? ON Wlc:KHAM CI~-EK, C:LIfCHO6~, f~PPOLK CO,, NY 9rf.~'r l OF I 4/ 21/ [O, J2/ Jg/ JO STREET ADDRESS; 3J50 WEST CREEK AVENUE ~rEST S42'55'20"E 404.67' ~/A TER SURVEY OF PROPERTY A T CUTCHOGUE TORN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-110-01-12 SCALE: 1'--30' OCTOBER JO, 2003 Nov. 4~ 200.5 ¢sepffc syslem) al., SEPTIC SYSTEM CROSSECTION BLDG, F. FIr, EL. 6.0 4.7 7 Ff~E'i 2'55"w · = WOOD P/L/NC c~E~T CERTIFIED TO: HEW SUFFOLK PROPERTIES, LLC LAWYERS TITLE INSURANCE COMPANY AREA=166,$08 SCl. FT. OR 3,8179 ACRES TO TIE LINES ANY ALTERATION OR ADDITION TO THIS SUR~:Y IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAF~ EXCEPT AS PER SECTION 7209 SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IE SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR ~HOSE BIGNAFdRE APPEARS HEREON, (661) P.O. BOX 909 1260 TRAVELER STREET SOUTHOLD, N.Z 11971 -1797