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HomeMy WebLinkAboutTR-7435Jill 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 (63 I) 765-6641 BOARD OF TOV~N 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 I~ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7435 DATE: NOVEMBER 17 2010 ISSUED TO: DON JAYAMAHA PROPERTY ADDRESS: 243 MAIDEN LANE~ MATTITUCK SCTM# 140-1-8 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 November 17, 2010, and in consideration of application fee in the sum of $250.00 paid by Don Savamaha 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'x88' fixed dock with a 6'x20' "T" section at offshore end, with open grate decking; and as depicted on the site plan prepared by Costelio Marine Contracting Corp., last dated May 10, 2010, and stamped approved on November 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 Don Jayamaha, residing at 243 Maiden Lane, Mattituck, 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 Permittec 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 Permittee 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 fight 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 Permittea 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 Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 17, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: DON JAYAMAHA 243 MALDEN LANE, MATTITUCK SCTM# 140-1-8 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 17, 2010 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of DON JAYAMAHA applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 29, 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 & 9.4 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: shorten the dock structure so that the overall length does not exceed 94 feet, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 17, 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 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 DON JAYAMAHA to construct a 4'x88' fixed dock with a 6'x20' "T" section at offshore end, with open grate decking; and as depicted on the site plan prepared by Costello Madne Contracting Corp., last dated May 10, 2010, and stamped approved on November 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: $1,238.00 Very truly yours, Jill M. Doherty ~/ President, Board of Trustees JMD/eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 5_3095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: --~OC~ Ca.Va {'~o. kcL ! Please be advised that your application dated.C'~.P~e~ ~70! O has been reviewed by this Board at the regular meeting of/l~ee~c~,,- 1'7,, ,-,1o! o and your application has been approved pending the completion of tile following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bate Line Inspection Fee ($50.00) __ Ist 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: BY: Jill M. Doherty, President Board of Trustees PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 November 17, 2010 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Margaret Rutkowski Betsy Perkins Secretaries RE: Matt-A-Mar Marina, LLC SCTM # 1000-114-03-01 Dear President and Board: I represent Matt-A-Mar Marina, LLC, they oppose an application prepared by Property Permits Inc. on behalf of the owner Don Jayamaha, 243 Maiden Lane, Mattituck. The proposed 4' x 94' fixed dock with a 6' x 20' "T" section off shore is located directly across from a full service Marina and restaurant on Mattituck Creek. Matt-A- Mar Marina provides docking facilities for large vessels, storage, repairs, a gas dock facility, and restaurant. It is imperative that navigation to this full service Marina not be impeded by individual private dock applications. Navigation to the Marina is already affected by an existing permitted dock across Mattituck Creek on the Martin property (1000- 140-1-7). The Martin dock is 42' long, extended by a 3' x 16' ramp, and a 5' x 12' float and is north of the Jayamah property. When that application was reviewed and approved, the application described 200' to the opposite shore but did not describe the location of other docks and vessels in close proximity to the Marina. Consequently, this dock was approved and has restricted navigation on Mattituck Creek to the Marina. The Jayamah proposed dock will exacerbate the existing conditions along Mattituck Creek. We ask you to protect the boaters which occupy the slips in Matt-A-Mar Marina as well as the boaters which use the gas dock throughout the year and come to the restaurant by Boat. In the 1970s the prior owner of the Jayamaha property had a fixed dock which only extended 50 feet, however, this dock is no longer there and the Martin dock was not constructed. My client objects to approval of the proposed 94' fixed dock and 6'x20' '~T", and we ask you to deny the application. Very truly yours, Patricia C. Moore cc: Matt-A-Mar Marina, LLC 17/11 '10 W~D 16:22 FA~ 631 ~k614§ SOU~t0LD TOWN CLERK~ ~ Trustees ~001 11/17/2818 18:81 765664~ BOARD OF TRUSTL~~ PAGE ]~EiHSTR;A~ OF ~TA~ &TAT~T~C~ MA~K~A~E OFF~]~ ~ECOK]~ MANAOEM~RT OFF, CEE F~EDOM O~ n~FO~TION OFI~CEE OFFICE OF THE TOWN CLEHK TOWN OF 80UTHOLD Town Hall, S80g$ Mata l~eed P.O, Bo~ 1179 Sou~hold, Nsw Y~rk 11971 Fa~ (6~1) ?6fa-el45 Tslephens ~681) 76~1800 aeuthold$owo.n~r~ht'ork,nc~ APPLICATION FOR pUBL;C ACCESS TO RECORDS INSTI~UCT[ONS: Please complete. Sectiorl I of this form and give to Town Clerk's Oft~-e (~gency Freedom of Informal-Ion Officer). One copy ,will be returned to you In response to your r&quest, or ss an i~terlm response. SECTION I. TO.. (Oepart~en{ Or Officer, If knbWn, that has the informaiion you arA' requeSt.lng.'}' ' RECORD YOU WISH TO INSPECT: (Describe the record sought. If ~sslble, supply date, file title, tax map number, and any othe~ pertinent information.) Signature of Applicant: ..me: .... Maifl~ Addr~s (if different frem above): Telephone Nu~er; ~J ~ ~ ~ O,~: //- ,/7- ,1, ~ [ ] APPROVED [ ] APPROVED WITH DELAY* ~llza~th A. Neville Freedom of Informatio~ O~flcer RECEIVED [ ] DENIED* NOV 1 7 2m0 ....... Da:ts So.thold Town C:lerl * If delayed or denied see re~/erse side for explanation. Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 1197 I 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., October 13, 2010, the following recommendation was made: Moved by Greta Schiller, seconded by Doug Hardy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of DON JAYAMAHA to construct a 4'X 94' fixed dock with a 6'X 20' "T" section offshore end, with open grate decking. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 Inspected by: Greta Schiller, Jack McGreevy The CAC does Not Support the application because the location of the dock represents a hazard to navigation. Vote of Council: Ayes: All Motion Carried Jill M. Dohet'ry, President James F. King. Vice-President Dave Bergen Bob Ghosio. Jr. John Bredemeyer PO. Box 1179 Southold, NY 11971 Telephone(63[)765d892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: /¢//J//z) ~;2--c/ DON JAYAMAHA requests a Wetland Permit to construct a 4'X 94' fixed dock with a 6'X 20' "T" section offshore end, with open grate decking. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 T__Y~sa of area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: /'C~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 ~'~JiDoherty__~J. Bredemeyer B.Ghosio, D. Dzenkowski other Form filled out in the field by ~D. Bergen__ Mailed/Faxed to: Date: Standish, Lauren From: Sent: To: Subject: Jill Doherty [jilld927@optonline.net] Tuesday, February 231 2010 10:35 AM Standish, Lauren FVV: Jayamaha I don't know what happen with you address but here is the email i just sent to everyone ........ Begin forwarded message ........ Subject: Jayamaha Date: 2/23/10 10:22:54 AM From: "Jill Doherty" <jilld927@optonline.net> To:lauren.standish@town.southold.ny.us.gov, "Dave" <bergend@sunysuffolk.edu>, "Bob Ghosio" <bob@burts.com>, Bredemeyer" <jbme4u@~mail.com> I just got off the phone with Marc Alessi. I explained that we have exhausted all avenues with this application and it is what it is. I gave him examples of how we work with the DEC all the time. He then asked if we would meet with p. Scully in the field to try and get the DEC to change there minds. I reminded him that we have discuss this with the local DEC office and this was the compromise we came up with. I suggested that he come tomorrow night. That is not possible for him so Mr. Alessi will try to set up a meeting in the field for March 10th to have P. Scully meet us. I suggested we set a time closest's to low tide as possible. I made it very clear that we will not change this permit. We feel to extend this is a hazard to navigation and a safety issue among other things. Mr. Alessi just wants to be able to tell Mr. Jayamaha that he tried. just wants to be able to give him some kind of answer. He MARC S ALESSI Member of Assembly 1 ~' District THE ASSEMBLY STATE OF NEW YORK ALBANY 2010 CHAIR Subcommittee on Emerging Workforce COMMII~EES Aging Agriculture Energy Labor Local Governments Transportation Subcommittee on Renewable Energy February 18, 2010 Jill Doherty President, Southold Town Trustees Town Hall Annex Building P.O. Box ! 179 Southold, NY 11971 Don & Sharmini Jayamaha 243 Maiden Lane Mattituck, NY 11952 Dear Honorable Doherty: I am writing today regarding the above listed constituents. As I'm sure you are aware, there has been an ongoing issue with the Jayamaha's and permits from the Southold Board Trustees as well as from the New York State Department of Environmental Conservation (NYS DEC) for a dock at their home. Enclosed for your review is a string of letters regarding the status of this case. Most recently, I have been informed by NYS DEC Regional Director Peter Scully that the Board of Trustees has approved a structure that would only be in 1 to 1 and ½ feet of water. Unfortunately, this presents a problem as the Deparhnent of Enviromn-,ental Conservation requires a minimum of 2 and ½ feet of water. At this time, I am seeking to assist on behalf of my constituent with this matter as this case involves a New York State Agency. I would like to request a meeting or conference call with you, Regional Director Peter Scully or a member of his staff, and the Jayamaha's so that we may work towards an amicable agreement that satisfies both the Board of Trustees and the NYS DEC. Please contact my Event Coordinator, Jennifer Maldanado, in my district office to arrange this meeting. DISTR~CT OFFICE: 4466 Route 25, Calverton, New York 11933 · 631-727-0204 ALBANY OFFICE: Room 419, Legislative Office Building, Albany, New York 12248 · 518-455-5294 ~ Printed on recycled paper. Thank you in advance for your time and attention regarding this matter. Respectfully, Marc. S. Alessi MEMBER OF ASSEMBLY MSA:shv Enclosure Cc: Don Jayamaha Regional Director Peter Scully MARC S. ALESSI Member of Assembly 1" District THE ASSEMBLY STATE OF NEWYORK ALBANY June 8,2009 James King President, Southold Town Trustees Town Hall Annex Building P.O. Box 1179 Southoldl NY 11971 RE: Don & Sharmini Jayamaha 243 Maiden Lane Mattituck, NY 11952 Dear Honorable King: I would like to take this opportunity to acknowledge receipt of your May 26, 2009 le office regarding the above captioned constituents. First, please know that providing constituents with appropriate and exceptional services is something that I pride mysel: acting as a liaison between New York State Agencies and my constituents. That beinl order to uphold my commitment to my constituents, I wrote to your office, and gave courtesy of a call, respectfully requesting that the Southold Town Trustees make a fai~ expeditious decision regarding the Jayamaha's dock while also taking into considerati determination of the New York State Department of Environmental Conservation. Ne letter to your office nor our phone conversation was I advocating for a specific outcor Instead, I was merely ensuring that my constituents are given proper consideration an~ from my office. I am disturbed that you have failed to recognize this. That beirig said, in light of your response to my office stating that the Southold Town have determined that a 108' dock would violate the Public Trust Doctrine and would ] public lands, I have written to the New York State Department of Environmental Con requesting their assistance working with the Southold Town Trustees to come to a col that is favored by all parties involved. Attached is my letter to the Department of Em Conservation requesting that this New York State agency work with the Southold Tm to come to a compromise regarding the Jayamaha's dock. While I trust that this lette~ DISTRICT OFFICE: 6144 Route 25A, Building A, Suite 5, Wading River, New York 11792 · 631-929-5540 ALBANY OFFICE: Room 419, Legislative Office Building, Albany, New York 12248 * 518-455-5294 ~ Printed on recycled paper. CHAIR Subcommittee on Emerging Woddorce COMMITTEES Aging Agriculture Energy Labor Local Governments Transportation Subcommittee on Renewable Energy xto my Y on by said, in au the and >n the ither in my attention rmstee's lc on ;ervation apromise ironmental tn Trustees clarifies my role in this matter, please do not hesitate to contact my district office should you s~ e the need for further discussion. Thank you in advance for your time and attention regarding this matter. MSA:shv Enclosure Respectfuily, Marc. S. Alessi MEMBER OF ASSEMBI Y James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall A 54375 Main t P.O. Box 11 Southo]d, New York Telephone (631) Fax (631) 765 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 26, 2009 The Honorable Marc S. Alessi Member of Assembly 6144 Route 25A, Building A, Suite 5 Wading River, NY 11792 RE: APPLICATION OF DON JAYAMAHA 243 MALDEN LANE, MATTITUCK SCTM#140-1-8 Dear Assemblyman Alessi: Thank you for your letter of May 18, 2009 concerning a certain dock application in Mattituck Creek. For the record, I have served as a Southold Town Trustee for 14 and currently have the honor of serving as Board Chairman. This is the first an elected official has contacted the Board of Trustees in an attempt to inflL a decision of this Board. Quite frankly, it is an inappropriate action. Enclosed is the section of our Chapter 275-Wetland and Shoreline C pertaining to docks for your review. As you can see, there are specific stan¢ that must be considered. A permit is either authorized or denied based on criteria. Unfortunately, some waterfront property owners fail to recognize th~ property rights end at the high water mark. Areas seaward are public prope and are managed as such. In January 2006, Mr. Jayamaha applied to the of Trustees for a catwalk, ramp and floating dock. Site inspections were conducted and a Wetland Permit was issued. This approved dock, ramp, a floating dock structure was denied by the NYS Dept. of Environmental Conservation. At this time, Mr. Jayamaha has applied for an amendment to nex ,oad 11071-005~ 65-1892 1641 kLESSI rs ence )de ards lis their 1Y ~oard ,d his permit for a longer structure to satisfy NYSDEC requirements. This request now under review. Apparently you have somehow been drawn into this process and in r opinion continued involvement would set a bad precedent. I would urge you disengage yourself from any further involvement concerning this matter. Very truly yours, Ja~mos F. Kin~,~ldent Board of Trustees JFK:lms Enc. S ~y to MARC S. ALESSI Member of Assembly 1' District THE ASSEMBLY STATE OF NEW YORK ALBANY June 8, 2009 Peter Scully Regional Director New York State Department of Environmental Conservation 50 Circle Road Stony Brook, NY 11790 RE: Don & Sharmini Jayamaha 243 Maiden Lane Mattituck, NY 11952 Dear Mr. Scully: I am writing today to discuss the above referenced constituent. Mr. & Mrs. Jayamaha i seeking approval for their dock permit at the address listed above from the Southold T~ Trustees. To date, the NYS Department of Environmental Conservation has recomme~ the length of their dock be 108' overall while the Southold Town Trustees have approx dock. As I understand, the Southold Town Trustees are concerned with the Public Tm Doctrine and the extension of the Jayamaha's dock onto public land. At this time, I would like to respectfully request that your office reconsider the request Jayamaha's dock to be 108' in length and come to a compromise with the Southold Tc Trustees for final approval of this project. Please forward your response to my district my review. Thank you in advance for your time and attention regarding this matter. MSA:shv Cc: Don Jayamaha James King, President Southold Town Trustees Respectfully, Marc. S. Alessi MEMBER OF ASSEMBL DISTRICT OFFICE: 6144 Route 25A, Building A, Suite 5, Wading River, New York 11792 631-929-5540 ALBANY OFFICE: Rcorn 419, Legislative Office Building, Albany, New York 12248 · 518455-5294 ~ Printed on recycled paper. CHAIR Subcommittee on Emerging Workforce Aging Agrk:ultura Energy Labor Local Governrrmnts Transportation Subcommittee on Renewable Energy lave been ~wn tded that ed a 90' ar Mr. TI )ffice for New York State Department of Environmental Conservation Regional Director, Region One Stony Brook University 50 Circle Road, Stony Brook, New York 11790 - 3409 Phone: (631) 444-0345 · Fax: (631) 444-0349 Website: www.dec.ny..qov July 22, 2009 Honorable Mare S. Alessi Member of Assembly 6144 Route 25A Building A, Suite 5 Wading River, New York 11792 Re: DEC Permit # 1-4738-03687/00001 Dear Assemblyman Alessi: Please forgive the delay in this response to your letter on behalf of your constituents, Mr. and I~ had contacted your office seeking assistance in their efforts to obtain the approvals necessary to const home in Mattituck. The Department issued a permit authorizing the construction of a dock at the Jayamaha's resi( 16, 2009. As indicated in your letter, the DEC permit authorizes a dock 108 feet in length, while the So Trustees have approved a 90-foot structure. In the face of these conflicting approvals, the Jayamaha's move forward with the project. In response to your request, I have directed DEC staff to re-examine the situation with an eye 1 compromise that would be acceptable to both this Department and the Town Trustees. I am hopeful t~ result in a solution that allows the project to move forward. Please be aware that any significant chang( approved by DEC would likely requires that the Jayamaha's submit an application to modify the existin DEC s Regional Permit Adm n strator, Roger Evans, is aware of the situation, and can be reached at (~ I hope this information is helpful. Should you require anything further, do not hesitate to contac PAS; jam PETER i,"~U LLY Regional D~ector Alexander B. Grannis Commissioner Irs. Jayamaha, who Uct a dock at their ence on January ~thold Town are unable to )wards arriving at a at this effort will in the project as DEC permit, 31 ) 444-0365. t me directly. C: Hon. James King, President Southold Town Trustees Roger Evahs, Regional Permit Administrator- via e-mail MARC S. ALESSI Member of Assembly 1'~ District THE ASSEMBLY STATE OF NEW YORK ALBANY July 23, 2009 Don & Sharmini Jayamaha 243 Malden Lane Mattituck, NY 11952 Dear Mr. & Mrs. Jayamaha: I am writing today regarding your constituent case with my office and your request t~ Department of Environmental Conservation work with the Southold Town Trustees t~ compromise on the length of your dock at the above listed address. As you know, on 2009, I wrote to Regional Director Peter Scully at the Department of Environmental Conservation to ask for his advice regarding this matter. On July 22, 2009 my office 1 response back from Mr. Scully explaining that the Department is willing to work with Southold Town Trustees to come up with a favorable and safe alternative. Should the Trustees agree to an extension of the dock length, please note that you will need to sul application to modify the existing DEC permit that you have. You may contact the D Regional Permit Administrator, Roger Evans, at (631) 444-0365 for questions regardi process. Mr. Scully goes on to say that he has directed the DEC staffto re-examine the situatic eye towards arriving at a compromise that would be acceptable to both the Departmer Southold Town Trustees. Enclosed please find a copy of this correspondence. By ca~ of this letter, I am forwarding ~his information to Mr. James King, the President ofth~ Town Trustees, and respectfully requesting that he work with the DEC to come to a fi outcome regarding your dock. It is my hope that you find this information useful and not hesitate to contact my district office should you require further assistance with the Department of Environmental Conservation. DISTRICT OFFICE: 6144 Route 25A, Building A, Suite 5, Wading River, New York 11792 631-929-5540 ALBANY OFFICE: Room 419, Legislative Office Building, Albany, New York 12248 · 518-455-5294 ~ Printed on recycled paper. have the June 8, eceived a the Town ~mit an ~C's ~g this n with an t and the bon copy Southold ~vorable ~lease do CHAIR Subcommittee on Emerging Workforce COMMITTEES Aging Agriculture Energy Labor Local Governments Transportation Subcommittee on Renewable Energy Thank you in advance for your time and attention regarding this matter. MSA:shv Enclosure Respectfully, Marc. S. Alessi MEMBER OF ASSEMBI D ' Conservation 'New York State epartment of Environmental Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec.n¥..qov Alexander B. Grannis Commissioner February 12, 2010 Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 Re: Modification Request for Permit #1-4738-03687/00001 Dear Mr. Jayamaha: The Department of Environmental Conservation (DEC) has completed a review of your request to modify the above Tidal Wetlands permit to shorten the length of the dock from an overall length of 108' to 94', in order to match the amended permit issued by the Southold Town Trustees, and we have the following comments. The revised plan shows that the float will be located in an area with shallow water depths of approximately -1.5' to -2' at apparent Iow water (ALW). This is an insufficient water depth for a float, as explained in our letter dated July 20, 2007 (copy enclosed). Therefore the department objects the project as currently proposed because it will result in undue adverse impacts to the tidal wetlands. As a result, we recommend you consider the following acceptable alternatives. The first would be to extend the dock out an additional 6' from the proposed end, and convert the ramp and float to a fixed "T" structure. The structure would have an overall length of 100', placing the seaward edge of the "T" at -2.5' of water at ALW. This location represents a compromise in the length of the structure, while still achieving the minimum -2.5' water depth at ALW required for a structure of this kind. The second alternative would be to construct a dock with a length of 78' (ending at -1' of water), with stairs at the seaward end for non-motorized access only. No moorings would be permitted here. If you wish to modify the project to either of the above alternatives, please submit five (5) copies of revised plans to my attention. Page Two Please do not hesitate to contact me at (631) 444-0372 if you have any questions. Sincerely, Claire Werner Environmental Analyst CC: Costello Marine Contracting V. Prusinowski, Prudential Southold Town Trustees MHP file New York State Departn t of Environmental Conserv lon Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us Alexander B. Grannis Commissioner July 20, 2007 James Fitzgerald Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 Re: Application #1-4738-03687/00001 Jayamaha Property, Maiden Lane, Mattituck Dear Mr. Fitzgerald: The Department of Environmental Conservation has completed a review of your client's Tidal' Wetlands application for permit to construct a dock, ramp and a float, and we have the following comments. The department objects to the current proposal because your client's application fails to meet standards for permit issuance pursuant to Tidal Wetlands Land Use Regulations (6NYCRR Part 661) as explained below. Department staff conducted an inspection of the project site during low tide and found shallow water depths near the proposed boat mooring area. Staff also found biologically productive tidal wetlands at the site. These shallow tidal wetland areas provide valuable habitat for a variety of marine invertebrates, shellfish, bait fish, migratory fish and water fowl. In addition, the area acts as a nursery for juvenile finfish. The department believes that propeller dredging, propeller turbulence and turbidity plumes would continually churn up and damage the valuable benthic habitat at the site during access and egress of vessels from the proposed dock. The lack of water depth would also pose the potential for future dredging and destruction of this bottom habitat. Therefore, we find that the proposal does not meet the standard for permit issuance as per section 661.9(b)(1)(i). Specifically, the proposal is not compatible with the policy of the Tidal Wetlands Act to preserve and protect tidal wetlands and prevent their despoliation and destruction because the proposal will have undue adverse impacts on the present and potential values of the affected tidal wetland area or adjoining or nearby tidal wetland areas for marine food production, wildlife habitat, flood and hurricane and storm control, cleansing ecosystems, absorption of silt and organic material, recreation, education, reseamh or open space and aesthetic appreciation. We also find that the proposed dock does not meet the standard for permit issuance pursuant to Part 661.9(b)(1)(iii). Specifically, the proposal is not reasonable and necessary taking into account that reasonable alternatives exist. A boat may be anchored on a mooring buoy and Page Two accessed from the shoreline using a dinghy or the boat may be stored at an existing marina in the surrounding area. Please do not hesitate to contact me at (631) 444-0372 if you have any questions. Sincerely, Claire Wemer Environmental Analyst cc: D. Jayamaha File Jayamaha / Matt-a-Mar - Page I of 1 Overview Map Layers Transportation Interstate &Maior ~Highways Jayamaha / Matt-a-Mar 8/7/2006 4:04PM 0 100 200 feet JAYAMAHA HOUSE http://x~¥x~ l.nysgis.state.ny.us/print/index.cfin 8/7/2006 New. York State Dep~i/ment of Environmental Con(~rvation Divfslon of Environmen~Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0372 . FAX: (631) 444-0360 Website: www. dec.state.ny.us Alexander B. Gmnnis Commissioner September 13, 2010 Mr. Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 Re: Permit #1-4738-03687/00001 Dear Permittee: ........ . ~ "- - The Department of Environmental Conservation has reviewed your request to modify the above permit and find the changes to be acceptable. Therefore, 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 modified permit. Please carefully read all permit conditions and special permit conditions contained in the permit to insure compliance during the term of the permit. If you are unable to comply with any conditions contact us at the above address. This permit amendment must be kept available on site during periods when permitted activities are being conducted. Inspections conducted pursuant to issuance of this modified permit should be anticipated. Remember to send any future modification requests directly to our Stony Brook, NY Office. CKW/dj Enclosure Sincerely, Claire K. Werner Environmental Analyst NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · Facillty DEC ID 1-4738-036~[~ PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: DON JAYAMAHA 243 MAIDEN LN MATTITUCK, NY 11952 (631) 804-8717 Facility: JAYAMAHA PROPERTY 243 MAIDEN LNISCTM# 1000,140-1-8 MATTITUCK, NY 11952 Facility Application Contact: COSTELLO MARINE CONTRACTING CORP PO BOX 2124 GREENPORT, NY 11944 (631) 477-1199 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 707.111 NYTM-N: 4541.087 Latitude: 41°59'40.9'' Longitude: 73°32'15.6'' Project Locafion: WATERCOURSE: MATHTUCK CREEK Authorized Activity: Construct a 4' x 94' fixed catwalk with a 6' x 20' fixed "T" at the seaward end. All work must be done in accordance with the attached plans prepared by Costello Marine Contracting Corp., last revised 5/10/10 and stamped NYSDEC apProved 9/9/10. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID !-4738-03687/00001 New Permit Effective Date: 1/16/2009 ___~Madification # 1 ..... Effe~ate: 9/13Z20!0 Expiration Date: 1/16/2014 E ×pi. ratiomDat e.;-l,q4/,2014 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 ail conditions included as part of this permit. Permit Administrator; MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: ~ Date ~ /~- / Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · Facility DEC ID 1-4738-03/~1k Distribution List r COSTELLO MARINE CONTRACTING CORP Habitat - TW CLAIRE K WERNER Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. 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 account of any such removal or alteration. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee 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 thc form must also be signed and returned, along with photographs of the completed work. 3.-No Co~structiou-Debri~~acent Area Any debris or excess mat~rial'from construction of this project shall be completely removed fi'om the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 4. 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. 5. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 25 linear feet from the tidal wetland boundary. 6. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 7. Dock, Catwalk Size Dock or catwalk must be a minimum of two feet above grade (as measured from ground to bottom of the dock/catwalk decking) over tidal wetland areas. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · Facility DEC ID 1-4738-03(i~1~ S. Catwalk Decking The decking of the section of the catwalk that extends over vegetated tidal wetlands shall be constructed with NYSDEC-approved fiberglass grating to reduce shading impacts on the marsh. o. No Floats This permit does not authorize the installation of floats. 10. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water-borne forces created by said propeller or propulsion system, to excavate or displace existing bottom sediment and benthic habitat for the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by this permit. Prop dredging is strictly prohibited without further written authorization (permit, modification or amendment) from the department. 11. 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 Deparhnent will issue a permit roi' such activities in the future. 12. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 13. Docks at Property Lines Docks/catwalks/floats must not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over adjacent property line, c. interfere with navigation, or d. interfere with other landowners riparian fights. 14. Pilings at Property Lines Pilings shall not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over property lines, c. interfere with navigation, or d. interfere with other landowners riparian rights. 1~. No Structures on Pilings No structures, other than structures specifically authorized by this permit, shall be constructed on pilings without further authorization from the department (permit, modification or amendment). 16. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be mused 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 shall accrue from any such damage. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION .Facility DEC ID 1-4738-03(:1~ 17. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Costello Marine Contracting Corp, last revised 5/I 0/10 and stamped NYSDEC approved 9/9/10: 18. 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 &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 may require, remove all or any portion &the uncompleted structure or fill and restore to its former condition the navigable and flood capacity &the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 19. 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. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. 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 Depashaent of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may ~rder the work suspended pursuant to ECL 71- 0301 ~c[ SAPA 401(3). The permittee shall provide a person to accompany the Depa~ t~ent's representative during an inspection to the permit area whtn 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 produce a copy of the permit upon request by a Department representative is a violation &this p~mit. 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 terms, conditions or requirements contained in such order or determination. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'Facility DEC ID 1-4738-036~ 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 I 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 permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Depa~'hnent reserves the right to modify, suspend Or revoke this permit. 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 permittee to comply with any terms 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; 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, i'egulation or another permit condition. Applications for permit trans/er 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 ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or fanilities authorized by the permit whether in Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ 'Facility DEC ID 1-4738-036~ compliance or not in compliance with thc 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 negligent or intentionai acts or omissions, or to any claims, suits, or actions naming the DEC and arising under 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 Thc 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, easements and rights-of- way that may be requiredto 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 permittce any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted 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 party to the permit. Page 6 of 6 (4W) Live Search Maps Page 1 of 1 For the best possible print results, click the printer icon on the Live Search Maps page. Maiden Lane, Mattituck, I Search Maps Web Location result for Maiden Ln, Mattituck, NY t1952 Share Print http://maps.live.com/ 5/7/2008 Live Search Maps Page 1 of 1 IFor the best possible print results, click the printer icon on the Live Search Maps page. Maiden Lane, Mattituck, I Search Maps Web Location result for Maiden Ln, Mattituck, NY 11952 Share Print http://maps.tive.com/ 5/7/2008 Live Search Maps Page 1 of I LFor the best possible print results, click the printer icon on the Live Search Maps page. Maiden Lane, Mattituck, I Search Maps Web Location result for Maiden Ln, Mattituck, NY 11952 Share Print http://maps.live.com/ 5/7/2008 Jayamaha / Matt~a~Mar 8/7/2006 4;04PM 0 t00 200 feet OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD TO~ Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 16, 2010 Re: Proposed Wetland Permit for DON JAYAMAHA SCTM# 1000-140-1-8 Costello Marine Contracting Corp. on behalf of DON JAYAMAHA requests a Wetland Permit to construct a 4'X 94' fixed dock with a 6'X 20' "T" section offshore end, with open grate decking. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant HAS NOT demonstrated that the action fully meets the below policies. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction (b) Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions, The applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-2005] [1] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. A commercial marina is located opposite the proposed dock structure. It is recommended that the Board determine the size of the vessels which are moored at the southern finger of the commercial marina and vessel proximity to evaluate impacts to navi.qation as a result of the proposed action. [2] Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. A proposed vessel is not shown on the survey. (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: [1] Whether the dock will impair navigation or be located in an area of high vessel traffic or vessel congestion; The proposed action is located opposite to an existing commercial marina. The survey does not show the distance between two potential vessels; One moored on the south of the existing finger pier and one at the end of the proposed dock. The width of the navigable channel is therefore, unknown. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water- dependant activities; [5] Whether the dock will cause degradation of surface water quality and natural resoumes; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [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. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following cimumstances: when necessary for practical and convenient operation of water-dependent industry or commerce, and provided that obstruction of commercial navigation does not result. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The proposed action has been identified as a "private" recreational use and therefore does not warrant extending beyond the "minimum necessary" over public waters. It is recommended that the Board evaluate whether the proposed dock structure will "extend beyond the minimum necessary" for access to navi.qable waters. Figure 1. Subject property. Figure 2. Subject property and proximity of vessels. Photo date September 20, 2010 Figure 3. Subject property and vessel proximity. Photo date September 20, 2010 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 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393/477-0682 · FAX (631) 477-0005 October 15, 2010 Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: Jayamaha - 243 Maiden Lane, Mattituck Thorn - 19375 Soundview Drive, Southold Dear Trustees: I am requesting a one month postponement for the two above-referenced applicants which are scheduled for a public hearing on October 20, 2010. If there are any questions regarding this request, please do not hesitate to contact me. Sincerely, Permit Manager Office Use Only __Coas~l Erosion Permit Applica~.on ~etland Permit Application _.. Administrative Permit AxnendmenffTraj~er/E~tension _~Rece~vved Appli¢~.~:ion: _~q~eeeived Fee:$ 6/'~D __~mpleted Application __SEQRA Clarification: Type I Type II Unlisted __Coordination:(date sent~ . _ a,e:zCAC Referral Sent:~ __Receipt of CAe R. eport:_ __Lead Agency Determination: .__Te¢lmical Review: ~/~bli¢ Hearing Held: !~_ __Resolution: Name of Applicant 'D6~ . I rhone Number:( ) Suffolk County Tax Map Number: I000 - (provide LILCO Pole #, distance t~ cr~)ss ~tr~ets, and-location) (If applicable~ Phone: -4' 7 -tlq? Board of Trustees Applica~ GENERAL DATA ~d,~ea O' squ~ feet): QI Area Zoning: ~..- ~ Previous use of property: ~'~ta[*--'~lu '~-e[C.49 I Intended use of property: _~n~6_ Prior permits/approvals for site improvements: .' .' .'~C Agency l ~' I-4-t~'-6.3~7/m"~t . Date __ No pr/or permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? __ No Yes If yes, provide explanation: Project Description (use attachments if necessary)(u~.,cm4-. I Board of Trustees Applicat0 WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~'--c~ ~ro'v,Ae_ otr~-~ J~ t Area of wetlands on lot: T~ square feet Percent coverage of lot: ~1 Pr % Closest distance between nearest existing structure and upland edge of wetlands: ~" feet Closest distance between nearest proposed slamcture and upland edge of wetlands: t'~ feet Does the project involve excavation or filling? y~ No Yes If yes, how much material will be excavated? .t~ 1.- cubic yards How much material will be filled? ~ ~ cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: I~\] ~' Manner in which material will be removed or deposited: 1 feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments ff appropriate): 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicsnt or Project Sponsor) 1. APPLiCANT/SPONSOR 12.PROJECT NAME COSTELLO MARINE CONTRACTING CORP. (CMCC) / JAYAMAHA DOCK 3. PROJECT LOCATION: SUFFOLK Municipality MATTITUCK, SOUTHOLD TOWNSHIP County 4. PRECISE LOCATION (Strut address and road intersections, prominent landmarks, etc., or provide map) 243 MAIDEN LAND, MArl-].It ~JCK~ NY 11952 SCTM# 1000-140-1-8 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A 4'X94' FIXED DOCK WITH A 6'X20' "T" SECTION OFFSHORE END. DECKING TO BE OPEN GRATING STYLE. 7. AMOUNTOF LAND AFFECTED: Initially 0.002 acres Ultimately 0.002 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agdcuiture [] Park/Forest/Open Space [] Other Describe: PRIVATE RESIDENTIAL WATERFRONT 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] No If Yes, list agency(s) name and permit/approvals: Yes ACOE, NYSDEC, NYSDOS, SOUTHOLD TOWN TRUSTEES 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permil/approvals: DEC PERMIT # 14738-03687/00001 DATED 9/13/10 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: JANE COSTELLO, PERMIT MANAGER FOR CMCC Date: 9/29/10 Signature: ~~lrnPleent~ the OVER 1 Reset · PART II - IMPACT ASSESS;F.~;T (To be L~"rnpleted by I ,~=,~ Agency) A. DOES ACTION EXCEED ANY ~YPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL FAF. ~]Yes [--]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If NO, a negative declaration maybe superseded t~y another involved agency. r-lyes r--INo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOW]NG: (Answers may be handwfiten, if legibh;) C1. Existing air qualfiy, sun'ace or groundwater qualfly or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, egdoultural, archaeological, hisk)dc, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endaegemd species? Explain briefly: C4. A community's e)dslJng plans or goals as officially adopted, or a change m use or ~ntensity of use of iand or o~er natural resources? Explain briefly. 05. 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 C1~57 Explain briefly: C7. Other impacts (including changes in use of either quantity or ty/3e of energy)? Explain briefly: WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [] No if Yes, explain briefly: pART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occordng; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting mafedals. Ensure that explanations contain sufficient detail to show that all relevant edveme impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Chec~thisbexify~uhaseiderdi~edune~rmorep~tenfia~y~argeorsigni~cantadverseimpactswh~ch~A¥~ccur~ ThenproceeddirectiytotheFULI EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the infermatiun and analysis above end any supp°rting d°cumentatiun, that the ?r°p°sed acti°!'l W!E NOT result in any signiticard edveme envirunmental impacts AND provide, on attachments as necessary, the reasons suppo~eg this detern~nafion Name of Lead Agency prird or Type Name of Responsible officer in Lead Agency Signature of Responsible Officer in Lead Agency 9/29/10 Date Tide of Responsible Officer Signature of Preparer (If differerd from responsible officer) Reset PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)- A. DOES ACTIGN EXCEED ANY TYPE 111~RESHOLD IN 6 NYCRR, PART 617.47 If YeS, esom'inate tbe re'dew p~ocess and uas the FULL EAF. B. WlLLACTIOflRECEIVECOORDINATEDREVIEWAS PROVlDEDFORUNUSTEDACTIONSIN6 NYCRR, PART617.67 ffNo, e negative r-.~ yes r~.] No C. COULD ACT1ON RESULT IN ANY AOVERSE EFFECTS ASSOCIATED ~ THE FOLLOWING: (Answers may be ha~Jwdtten, If legible) IN° CS. C.~ow~, subsequent develv~iL or related ecSvl~, likely to be induced by fbe propesed ac{ion? I=~_~h briefly: C6. Long term, short tern1, cumulative, or other effects not Identlfecl In Cl -C57 E)plale bdelly: D. WIlJ. 11.E PROTECT HAVE AN IMPACT ON 11-1E ENVIRONMENTA 'L CHARACTERISTICS THAT CAUSED'ruE ESTABLISHMENT OF A CRITICAL F.~RONMENTAL AREA ICEA~? III ),esl explain bdntl}c E. I~ THERE. OR I$ IHERE LIKELY TO BE~ CONTROVERSY RELATED TO'POTENTIAL ADVERSE ENVIRONMENTAL IMPACI*6~ If yes ~-~.~: PART III -Eh:; ~uL4iN~YiON Of: SIGNIFICANCE (To be oompintad by A~ncy) ~i81RUCTIGflS: F~reachadve~eefi~ctk~ent~md~b~ve~dete~minewbetheritissubstan~a~'~m~e~mp~r~r~n~L Each ~ sbeuld be asse_~_~_ in commc~o~ w~ i~ (a) setting (L~ ,',~oan or rural); (b) pmba~ of occurring; (C) dur~on; (d) kreverslb~, (e) geogmphk~ s~pe; and (0 magnitude. If ~nec~___~y, add st~chmenin or roferen~e supporllng nm~dals. Ensure that explanations ~ um,wwm~muuufl (amgnmean~ musteValUate me potential Impa~ of me ~ ac6on on Ibe emlroflmentalchamc~m'~tk~ of 6m CEA GAP and~' pee~m a pes~ve deslamtiofl. WILL NOT rasult In any significant adverse emaronmental Impacts AND Ixo~le, ~ attachmeflls as neoeasmy, the masons suppo~ determination.. Board of Trustees Name of Lead Agency Date ,Jill M. Doherty ' President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Offioer in Lead Agency Slgna[ure of Prepare~ (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 (63 I) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of DON JAYAMAHA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ,)~t4/' (~5:3~ [~) residing at/dba (~5~a being dt/l~, sworn, dep3se analI say: That on the f.-2-rl, a~, of /6> ., 2010, I pe.rsonally posted the property known as bzc , ,,Ur by pl~cihg the Board of ~3ustees official poster where-it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed., October 20, 2010 on or about 6:00 PM. Dated: Sworn to before me this ffdday ofA]0¢ 20q~) N'6t ary P[u~'l'l'c EMILY~EALY Notary P~blic, State Of New York No 0, , ~0v92 0 Qualified I:~ ¥,~f ~ik County . Commission Exp,e~ July 23, 20..L,~ Don Jayamaha Posting 10/12/10 10. Jayamaha PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAlL RECEIPTS Name: Dennis Kord Peter E. & Deborah L. Orlowski Address: P.O. Box 1657,Mattimck, NY 11952 P.O. Box 885, Mattituck, NY 11952 Herbert Swanson Irrevocable Trust P.O. Box 2249, Cornelius, NC 28031 Long Island Sound Oyster LLC Thomas Anderson 781 Mill Road, Riverhead, NY 11901 STATE OF NEW YORK COUNTY OF SUFFOLK JANE COb l I-/LO , residing at/dba Costello Marine Contracting Corp. PO Box 2124, 423 5th Street, Greenport, NY 11944, being duly sworn, deposes and says that on the 22ND day of OCTOBER ,2010, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at GREENPORT, NY 11944 , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to I~efore me this ~.7'iLl) Dayof [Jo~2i~LIC~ ,20 1~ Notary Publi~ Notary PubfiCl State Of New York No. 01HE6059270 Qualified In Suffolk County Commission Expires July 23, $ Dennis Kord P.O. 8ox 1657 Mattituck, NY 11952 ol c~~CIAL USE Ce~ F~ $2.80 , ~ Restdoted Delivery Fee ~ TOtalPostage&Fe~ $ $5o71 Herber[ Swanson Irrevocable Trust .................. P.O. Box 2249 ................. Cornelius, NC 28031 USE $ ~),61 $ $5.71 10/22/~)10 Peter E. & Deborah L. Orlowski P.O. Box 885 Mattituck, NY 11952 ~.61 $2.80 $2.~ $ $5.71 Long Island Sound Oyster LLC Thomas Anderson 781 Mill Road Riverhead, NY 11901 USE /2222O10 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Don Jayamaha SCTM #1000-140-1-8 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 a 4'x94' fixed dock with a 6'x20' section offshore end. *Decking will be open grate style. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 243 Maiden Lane, Mattituck, NY 11952 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on Wednesday, Nov~er 17, 2010 at 6:00pm. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 Enc.: Copy of sketch or plan showing proposal for your convenience. V o ~O~lC 2::' 0 C. ~<. :Z::,.,= ,',,(,,d r/' /?-././c,4=, /,.,<.y:'. //¢.¢2 Board of Trustees ApplicOn County of Suffolk State of New York DEPOSES AND )~FFIRMS THAT ~-I['E~-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 PERIVflT(S), IF GRANTED. 1N 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. y S ign~ture - BEFORE ME THIS ~_~k_ DAY OF~Q~6'~PfllI~I/- ,20 ] ~) SWORN TO 'fo Notary Public, State Of New rk No. 01 HE6059270 Oualified In Suffolk County ,..~ Commission Expires July 23, 20 243 Maiden Lane Matfituck, New York 11952 President Board of Town Trustees Town of Southoid Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize_B~ ~eo~o~_ Q~b ~ 4~ h\ 0 ~ 5 ~ 5~ o I~0,,~ ~ act in my behalf as my agent in the submission and processing of a permit application for the construction of a dock on my property located at 243 Maiden Lane in Mat- tituck, and designated by Suffolk County Tax Map No. 1000-140-1-8. Sincerely, 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 determinalion of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard~4rea. 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 S0uthold's wabsite (southoldtown. northfork.net), the Board of Trustees Office. the l~anning D~partment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /qb I The Application has been submitted to (check appropriate response): .. .... Town Board [] Planning Dept. [-~ Building Dept. [-~ Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent ofactionh t Site acreage: · 5 ~¢r~, Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ~/q_ (b) Mailing address: ~_/7t3 ./~t _~_~'/ (c) Telephone number: Area Code ( ) [a3~/-e~ - .7~q 7 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes¢ No['--] Ifyes, which state or fedemlagency? ~ ~. ~ 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 Attach addifioml 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria '~ Yes ~ No [] Not Applicable r ~,n.:_~ a'~ f ~I~ Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. 1MintmiTe 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 Applicabler' ~0&~ ?~ r~_.~'~_~J 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 neeessary 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 [-] N°TN°tnpplicable'--C%.~[~ ?-~ O_'~d_ PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Ye~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. eYes [--] No [] Not Applicable Attach additional shec~s if ncccssao, 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. 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. 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. No Not Applicable Created on 5/25/05 11:20 AM Date: To: Client: Proposal: September 29, Southold Town Trustees and Mark Terry Don ]ayamah - 243 Maiden Lane, Mattituck Construct a 3'x10' ramp onto a 3'x27' fixed dock with a canoe storage rack. Install one swim ladder. DEVELOPED Policy I COAST POI.~CZES Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial uso of a coastal location, and minimizes adverse eff~L~ of development. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access water deep enough to use a small boat. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish within a season's time. The size of our dock structure is small and more than appropriate for this area. We are proposing a small 4' wide structure to access deeper water. NATURAL COAST POLZCZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem mainly while setting the pilings to support the dock. This area will easily re-establish itself within one season. We have submitted applicaUons to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the weUands on this site. Polio/7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradaUon in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PUBIJC COAST POI_Tt~[ES Policy 9 Provide for public access to, and recreaUonal use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his beats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. WORKING COAST POLTC~ES Policy :LO Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to engage in water-dependent activities such as kayaking, fishing, site seeing, and swimming. Policy 11 Promote s-:,:-inable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 4' wide and decked with grate decking minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy :L2 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of enercjy and mineral resources. V lilt.