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HomeMy WebLinkAboutBrown, JamesPLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: September 19, 2005 Re~ Proposed Permit for Brown, James Located: 170 Oak St., Cutchogue. SCTM#1000-136-1-53.3 JAMES BROWN requests a Wetland Permit to remove the existing 3'X 64' dock and replace with a 3'X 70' open pile dock in a new location with a 3'X 12' ramp and a 6'X 20' floating dock with two (2) dolphin piles. The action is located in East or Eugene's Creek a listed New York State Significant Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area (Cutchogue Harbor Wetlands). Currently the applicant enjoys access to the water via a 3' x 64'+ existing dock which is proposed to be removed. The new dock is proposed to the south of the existing dock and not within the footprint of the current dock location. All piles for the dock are proposed to be CCA. The remaining materials are proposed to be cedar or fir. The proposed action has been reviewed to Chapter 95, 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 Policy Standards 3.1 (El), 5.1 (B3), 5.3, 6.2, 6.3 (A, B3, C2 and C3, and 8.3 (A, B) and 9.3 (A and E) therefore is INCONSISTENT with the LWRP. Please consider conditions on any approvals that would make the proposed action further consistent with the above listed Policy Standards or advise the applicant of the necessary amendments to the proposed action to achieve greater consistency to the greatest extent practical. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Coastal Erosion pen'mt Application etland Permit Application __Amendment/Transfer/Extension ~Received Application:~ ,-Received Fee:$ ___.Gompleted Application __Incomplete __SEQRA Classification: Type I. Type II Unlisted __Coordination:(date sent) _ ' ~---C:'AC Referral Sent: ./)ate of Inspection: q] Receipt of CAC Report: " __Lead Agency Determination: Technical Review: .~Public Hearing Held: __Resolution: Office Use Only Administrative Permit '5'o cxf LLOp.9 Nme of Applic~t I ~ Suffo~ Cowry W~ Map Nmber: lO00- (provide LILCO Pole ~, dist~ce to cross streets, ~d location) (If applicable) Phone: Board of Trustees Application GENERAL DATA Land Area (in square feet): /// :~'~2- ~ Area Zoning: ~5,'~o~,v/-? ~ Previous use of property: Intended use of property: 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? .~' No__ Yes If yes, provide explanation: Project Description (use attachments Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: Percent coverage of lot; square feet Closest distance between nearest existing structure and upland edge of wetlands: x. 5-0 feet Closest distance between nearest proposed structure and upland edge of wetlands: feet ~a~./,-.o~/ :~ ~< / AJ ade Does the project involve excavat on or filling? )~ No Yes If yes, how much material w be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 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): Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity:_/-'~ ,~.q~th~e'~ ~/~cr~/~/-~/~ Me wetlands present within 1 O0 feet of the proposed activity? No R Yes Does the project involve excavation or filling? ff No Yes If Yes, how much material wil be excavated? (cubic yards) How much material w 11 be filled? (cubic y~ds) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Boated of Trustees ApplicatiOn County P ~of~t~ State of New York ~'-~,'~ eS ~' ~f0 ~d3q 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, 1 HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH REVI~3V~OF THIS APPLICATION. ~ ~igna~tu~e~'~ ~ SWORN TO BEFORE ME THIS ~ c~]4/x DAYOF C~,t~£ ,20 OS- Notary Public KATHLEEN E BCE Notary Public, State of blew York No. 01BO6021974 Qualified in Dutchess County Term Expires March 22, 200 ~ / Board of Trustees Applica~on AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at ZZ ,~f~x,,/&td/~ ~,-',~ve,~''' (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Sou~rd of Town Trustees on my behalf. (Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the vast of town officers and emnlovees. The numose 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. (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 apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spease, 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 shares. YES NO ,~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either 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 applicont (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 of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted t~day o)~F-~'~'-~ 200 Signature ( Print Namy ESI Environmental Survey Incorporated ~ iii ~ 109 Elder Road · Islip, New York 11751 · Phone/Fax 631-277-0326 August 15, 2005 Board of Town Trustees P.O. Box 1179 Southold, NY 11971-0959 RE: Amendment to Application Number 1849 James Brown - 170 Oak Street, Cutchogue, NY 11935 Dear Permit Administrator, The owner, Mr. James Brown, requests a modification to Permit 1849 (copy enclosed). The modification is similar to the original scope of work. Please find three copies of the following enclosures necessary for your review: 1) Application Forms 2) Site Survey 3) Location Maps 4) Recent Color Photos 5) Application Fee of $250.00 Please note that permit applications were submitted to the NYSDEC, NYSDOS and Army Corp of Engineers on August 12, 2005. We hope the enclosures meet your requirements and look forward to your review and approval. If you have any questions please do not hesitate to contact the undersigned. Sincerely, ~fivironmental Survey 2004 Cclel;raling 10 Years Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FOg All applicants for permits* including Town of Southold agenc proposed actions that are subject to the Town of Southold Waterfr assessment is intended to supplement other information used AUG 2005 iL.Z,, / :S, ~all~----~r~mnlete this C([AF nt Consis~f~w Law. T t a to~ of Sou~oid agenc3 3r lis ill making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- sul)l~ortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk s office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# PROJECT NAME The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board ~ Building Dept. [] 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: /~EI.~aV~ ,4 3'~ (~¢' Pac/c 4,~,P ,g~?~co~ /t//f/-I 4 $% 70/ Vt Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Jq-a4~$ (b) Mailing address: (c) Telephone number: Area Code ( ) (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? fl't~'a*~(..//Ictgo~, COeff)l tOc/<~ ~o~ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] 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 [] Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [~ Not Applicable 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 [] v es [] 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--L--~No ~ Not Applicable At~ach 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 ~licable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~-~ No ~-~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [-~ No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLI~S Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie 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. (-] Yes 7~ No ~ Not Applicable ESI Environmental Survey Incorporated 109 Elder Road · Islip, New York 11751 · Phone/Fax 631-277-0326 August 25, 2005 Board of Town Trustees P.O. Box 1179 Southold, NY 11971-0959 RE: Amendment to Application Number 1849 James Brown - 170 Oak Street, Cutchogue, NY 11935 Dear Permit Administrator, Please find a completed LWRP for the James Brown Application. We hope the enclosures meet your requirements and look forward to your review and approval. If you have any questions please do not hesitate to contact the undersigned. Sincerely, ~Survey Inc. S0uth01d Town Board 0f Trustees 2004 CeleBrating 10 \'ears DE'SCRIPllON Ema Lang - 220 Oak Street, Cutchogue, NY 11935 Existing Concrete Wall # 170 Joyce Monk - PO Box 772, Cutchogue, NY 11935 Tidal Wetland Boundary as flagged by Environmental Survey Inc on 7/7/05 PLAN VIEW 1 "=30' AHW Existing 3'x64' Dock to be removed Construct 3'x70' Fixed Boardwalk (4"x4" Piles), 3'x12' ramp and 6'x20' float with two CCA 6" Diameter piles. All other materials fir, cedar and galvanized. S0ttt ~o cJ EUGENE'S CREEK Distance Across Creek (South) approx. 500+ ft ALW Depth (4'-0") taken on 7/7/05 Waterbody: EUGENES CREEK Environmental Survey Inc. 109 Elder Road lslip, NY 11751 (631 ) 277-0326 SCTM 1000-136-01-52&53 Construct 3'x70' Open Pile Dock, 3'x12' Ramp and 6'x20' float with two piles. James Brown - 170 Oak Street, Cutchogue~ NY 11935 (914) 641-2502 s~z£ ~ m. o~ .o. 05-SHO-BRO-59 ~[v $Cs~ AsNotedl 7/12/05 s.t~r 1 of 2 RtM~ONS DESC~RIPTION DATE J APPROVED '/////./////9 '/////.7-/7~ Two 6"x 20' CCA AHW-N 4'J1 SECTION 1,=10, Construct _ x70 Fixed Boardwalk~ Yxl 2' ramp and 6'x20' float with two Dolphin pi~es on each end. 2'~9 Piles to be CCA. ~MI Dock matterials to be fir or cedar. All hardware to be galvamzed. , -70 .... 3'-1.~ _____.______ ~ 4"x4 'x20' Pik,s for Dock AITW% ALW--/ ,~, ~ , Steps NY 11935 -- Waterbody: EUGENES CREEK I Environmental Survey Inc. 109 Elder Road [slip, NY 11751 (631 ) 27%0326 SCTM 1000-136-01-52&53 72' SECTION A~2 1"=10~ Fixed Boardwalk (fir or 5/4x6" Decking 2"x8" Stmtgers 2"x8" Cross Brace. Concrete Wall FlOat and Ramp (fir or cedar malerials) Construct 3'x70' Open Pile Dock, 3'x12' Ramp and 6'x20' float with two piles. James Bro~ - 170 Oak Street, Cutchogue, NY 11935 (914) 641-2502 SIZE i~CM NO [ OW~ .o. 05-SHO-BRO-59 ;cn.e AsNotv~l[ 7/12/05 [sHeer 2 o]1'2 Oct. 13,2005 Field Inspectio~ Oct. 13,2005 Field Inspectic Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Date Address Owner BOARD OF TOWN TRUSTEES TOWN OF 8OUTHOLD Board of Trustees Field Inspection fl/~/t ac; Inspected Findings Photos taken Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., September 14, 2005, the following recommendation was made: Moved by Tom Schlichter, seconded by Jack McGreevy, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Permit application of JAMES BROWN to remove the existing 3'X 64' dock and replace with a 3'X 70' open pile dock in a new location with a 3'X 12' ramp and a 6'X 20' floating dock with two (2) dolphin piles. Located: 170 Oak St., Cutchogue. SCTM#136-1-52&53 The CAC recommends Approval of the application with the following conditions: the new docking facility is in line with the surrounding docks; the docking facility doesn't exceed 1/3 the width of the creek there should be W' spacing between the decking there should be minimal disturbance to the creek and the flora along the shoreline during construction. Vote of Council: Ayes: All Motion Carried BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Souti~old, New York 11971 October 12, 1988 P. O. Box 630 Cutchogue, New York Re: Permit NO. 1849 11935 Your recent request to amend permit No. 1849 has been reviewed ac the Trustee meeting held on September 29, 1988. Your request has been approved by resolution, adopted at this meeting, to reflect two lm~sts, one float (5' x 8") and a This letter is an a~endment to the original permit and as such, shall be attached therete. original permit. Ver~ truly yours, ~ Frank A. K~aWski, Jr. President ~ FAK:ip ALL MOORINGS AND MUST DISPLAY VISIBLE ~RING NUMBERS ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE ~RMIT NUMBERS Board Of $outhold Town Trustees SOUTHOLD, NEW YORK Mooring # N/A PERMIT NO %849 ..... DATE: ..A~- 27.,..~ 984 ISSUED TO James C. Brown Authorization by causes its Corporate Seal to be affi be subscribed by a majority of Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- rifled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 19..8.~.-, and in consideration of fha sum of $..~-~..~.9 paid by James C. Brown of ...... .~;.g~-.~hQ.g~ ................................................. N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permlfs the foJlowlng: Application approved to construct a ramp, two floats with two pilings in Eugenes Creek, Cutchogue', all in accordance with the application su~itted~ all In. accoraance with the detailed specifications as presented in the originating appllcaflon. IN WITNI:5S WHEREOF, The said Boar6 o~ Trustees h~re- and these presents to Board as Truaee~ ~] . South (TWB Flag at west side of property) Looking west (TWB Flag at East side) North West (Lines show proposed dock) South (ProPosed Dock & Float Location) Dock James Brown - 170 Oak Street, Cutchogue, NY 11935 631-734-5617 TWB - Tidal Wetland Boundary South ESI ,~ Environmental Survey Incorporated ' 109 Elder Road ,, Islip, New York 11751 ~, Phone/Fax 631-277-0326 I~Y 1193,.9 Site Location Map Project: James Brown- 170 Oak Street, Cutchogu¢, NY 11935 631-734-5617 Lat, Long 41, 00', $$"N 72, 28', 13"W TopoZone - The Web's TopogI~hic Map, and more! Page 1 of 1 , this map F Info ~ 41° 00 55 N, 72° 28 13 W (WGS84/NAD83) Map/Ph?to~ '~-' ' : _~1 USGS $outhold Quad /apo tJOWnloaa I V ew ToDoZone Pro aer a photos shaded re el, street maps, nteract ve c( Photo Down Dad and elevation data USGS Topo Maps l:24K/25K Series I:100K Series 1:250K Series Map Size Small Medium Large View Scale ii: s0,000 Update Map Coordinate Format Coordinate Datum iWGS84/NAD83 ~ i7 Show target Email this map Bookmark this map Print this map topoz0ne, ·. %/¢ 0 0.5 I 1.5 2 2 0 0.3 0.6 0.9 1.2 1.[ TopoZone,com © 1999-2004 Maps a la carte, Inc, - All rights reserved. Use of this site is governed by our Conditions and Terms of Use, We care about your privacy - please read our Privacy Ste http://www.topozone.com/map.asp?z= 18&n=4543536&e=712723&s=50&size=m&u=6&... 7/11/2005