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Orient Wharf Co, Inc
Jill M. Doherty, President sauryo�" Town Hall Annex Bob Ghosio,Jr.,Vice-President �p 54375 Main Road .If. P.O.Box 1179 James F. King T Southold,New York 11971-0959 Dave Bergen G Q John Bredemeyer '�Q �� Telephone (631) 765-1892 COUrm Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 13, 2011 Mr. Linton Duell Orient Wharf Company P.O. Box 243 Orient, NY 11957 RE: 2110 VILLAGE LANE, ORIENT SCTM#24-2-28.1 Dear Mr. Duell: In response to an appeal by interested parties, the Orient Wharf Company has now been compelled by the Southold Town Board to re-apply for a Coastal Erosion Management Permit for work performed on their wharf pursuant to the Coastal Erosion Hazard Area code, Chapter 111. Upon a further review of the entire record and in response to the Town Board's decision, we find that the previously permitted work, which was completed and granted a Certificate of Compliance, fits under the definition of"normal maintenance", Section 111-6 which states as follows: Normal Maintenance-Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size, design or function of a functioning structure. A "functioning structure"is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. `Normal maintenance"of a structure does not require a coastal management permit. It is not unreasonable for the Wharf Company to perform said replacement within the parameters of its design and budget. The use of timber is an environmentally preferable protective coating than the previous asphalt walkway. 0 2 The structure is not an Erosion Protection Structure, as described in Chapter 111. As such, the Trustees find that this structure is not subject to the restrictions set forth in Chapter 111-15. Pursuant to the findings herein made by this Board, a Coastal Erosion Management Permit is not required for the as-built project. As requested, your application fee has been waived. Please find enclosed your check in the amount of$250.00. Ve truly yours, I M. Doherty, Presiden oard of Trustees JMD:Ims Enc. RESOLUTION 2011-302 ADOPTED DOC ID: 6788 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2011-302 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 29,2011: WHEREAS,the Board of Trustees on August 18,2010 granted the application of Orient Wharf Company(the "Applicant")for a permit to replace existing asphalt vehicle and access paving (an approximately 17' portion)over fill on an existing wooden bulkhead structure with a new timber deck, under the Coastal Erosion Hazard Areas Law(the "Law")of the Town of Southold; and WHEREAS,on September 17, 2010,the adjacent property owners (David and Clare Air, Timothy Frost and Margaret Minichini) submitted an application to the Town Board of the Town of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the determination of the Board of Trustees, or in the alternative,seeking a modification of the permit to include a requirement that Orient Wharf Company maintain a bulkhead and provide a 30-year maintenance plan; and WHEREAS,the Town Board did transmit a copy of the instant appeal to the New York State Department of Environmental Conservation; and WHEREAS,the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard; and WHEREAS,that the Town Board of the Town of Southold hereby finds that this action is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section 617; and WHEREAS,the application has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program ("LWRP")); now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated March 29 2011 granting the Application of the adjacent Property owners and directs the Orient Wharf Company to reapply to the Board of Trustees for further consideration; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board has determined that this action is exempt from LWRP review; and be it further Resolution 2011-302 0 Board0eeting of March 29, 2011 RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. 4Q'g'� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 11 MOVER: Vincent Orlando, Councilman SECONDER:Albert Krupski Jr., Councilman AYES: Ruland, Orlando,Krupski Jr., Evans, Russell NAYS: Christopher Talbot Updated: 3/29/2011 3:26 PM by Lynne Krauza Page 2 TOWN BOARD COASTAL EROSION HAZARD BOARD OF REVIEW TOWN OF SOUTHOLD -------------------------------------- In the matter of the Application of David and Clare Air,Timothy Frost and Margaret Minichini 2110 Village Lane DECISION Orient, NY SCTM#1000-24-2-28.1 -------------------------------------------- FINDINGS AND DETERMINATION Based upon the application, documents contained in the Board's file, site inspections and testimony received at the public hearing held on January 18, 2011,the Town Board finds and determines as follows: ISSUE David and Clare Air,Timothy Frost and Margaret Minichini have filed an application with the Town Board, as the Coastal Erosion Hazard Board of Review(the "Board"), dated September 16, 2010, requesting the following relief: 1. A reversal of the Board of Trustees August 18, 2010 determination granting the Orient Wharf Company's ("OWC") application for a permit (Trustees' Permit# 7368C)under Chapter I I I Coastal Erosion Hazard Areas of the Town Code, pursuant to the provisions of§111-9. 2. In the alternative, and should the Board affirm the Trustees determination, the applicant has requested a modification of the permit issued by the Trustees to include a requirement that the OWC maintain a bulkhead and provide a 30-year maintenance plan. FACTUAL BACKGROUND AND PROCEDURAL HISTORY A. Description of the property and applicants: The property that is the subject of this application is located on the western side of Village Avenue and is located on Orient Bay. The property consists of approximately 3,230 square feet of upland area and is improved with a wharf and marina facility. The property is located in the"M-1"Marine Zone. As confirmed by the Board of Trustees, and acknowledged by the OWC,the portion of the property where the proposed work is to be performed is located within the Coastal Erosion Hazard Area as established by New York State in 1991. The OWC submitted an application to the Trustees seeking permission to replace existing asphalt vehicle and access paving (an approximate 17' portion)over fill on an existing wooden bulkhead structure with a new timber deck structure. The parties appealing the Trustees determination are not the owners of the OWC property, but are adjacent property owners to the north and south of the property at issue. B. Trustees Procedural History: I. Application The OWC filed an application with the Board of Trustees on June 14, 2010 which requested a coastal erosion hazard area permit to replace existing asphalt vehicle and access paving(approximately 17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure. H. Documentation in the Trustees Record In addition to the completed application,the OWC submitted the following materials in support of the application: 1. A Modification Plan prepared by Walter Bundy, dated March 26, 2010 and revised May 3, 2010 detailing the proposed project. 2. A Modification Plan, Revision"A",prepared by Walter Bundy and dated July 29, 2010 and a Modification Plan through Existing Bulkhead, Revision"A" dated July 29, 2010 indicating topographic elevations of the project area. 3. Orient Wharf Modification Plan, Revision"B"dated August 12, 2010, indicating deletion of the Outfall Pipe Modifications at the Project Area. 4. Orient Wharf Sections through Existing Bulkhead, Revision`B" dated August 12, 2010 indicating the deletion of the Outfall Pipe Modifications and the reduction in the amount of fill proposed to be removed. 5. A Site Survey prepared by Van Tuyl, dated November 19, 1978. 6. An Engineer's Drawing of the Proposed Timber Deck Structure prepared by Corwin, dated April 1, 2010 7. Dated photographs of the portion of the wharf asphalt pavement to be removed. 8. A listing of prior permits/approvals for site improvements on the property. 9. A short environmental assessment form. 10. A set of project documents that included various materials. 11. LWRP Consistency form. 12. Copies of a permit issued by the New York State Department of Environmental Conservation(#1-4738-03228/00002) for the proposal, effective July 13, 2010. 13. An Erosion, Sedimentation and Stormwater Runoff Form. 2 On July 19, 2010, the LWRP Coordinator submitted a written recommendation to the Trustees that the proposal was consistent with the LWRP. On July 20, 2010, the adjacent property owners submitted an analysis and argument regarding the Trustees' consideration of the OWC application which included the following: 1. The OWC application was inaccurate, unsupported,vague,cryptic, incomplete, self-serving, and disingenuous regarding the OWC's future plans,which include the creation of a new water channel where the existing beach lies. 2. The OWC application did not meet the requirements for a coastal erosion hazard area permit and failed to address them in the application. 3. The OWC application did not meet the requirements for a wetlands permit. 4. The OWC application was not consistent with the LWRP. 5. The OWC illegally segmented SEQRA review. On August 6, 2010 the adjacent property owners submitted additional comments on the revised submission of the OWC and indicated that the revised application was also incomplete and failed to address all the issues they raised. III. Public Hearing: The Trustees held a public hearing on this application on July 21, 2010 at which time all those interested were given the opportunity to speak. Walter Bundy appeared on behalf of the OWC and presented information in support of the application,the relevant portions of such information is summarized below. Mr. Bundy provided information regarding the OWC meeting with the DEC and confirmed that the OWC did not have a maintenance permit with the DEC and that any work performed on the wharf required a DEC permit. The main purpose of the work was to provide immediate, safe access over the 17' paved area that was extremely deteriorated. Mr. Bundy also testified that underneath the 17' paved section was inappropriate fill material that the OWC was proposing to remove down to existing beam pockets (approximately 1 '/s feet). Mr. Bundy also acknowledged that the OWC would be coming back before the Trustees in the future for modifications to the Tidal Wetlands maintenance permit to include dredging around floating docks and mooring areas, and permit maintenance and rehabilitation of the wharf facilities, and additional permits for reconstruction and maintenance of the wharf. Anthony Pasca, Esq., appeared on behalf of the applicants herein and pointed out that there were certain problems with the application as cited in the July 20, 2010 letter noted above, but that these issues were not insurmountable. Mr. Pasca also pointed out the concern of the adjacent property owners that there were many references to future applications of the OWC, but there was no reference to what was going to happen to the 3 bulkhead and that the OWC made no indication that they were going to maintain the bulkhead. Mr. Pasca also pointed out that the OWC failed to meet its burden of showing that it met the criteria set forth in Chapter 111 to obtain a Coastal Erosion Management permit. Mr. Pasca stated that failing to maintain the bulkhead underneath this area will eventually create a 17 ft. hole that acts as a funnel and will destroy the beach. Additionally, the opponents of the application presented testimony of Charles Bowman, President of Land Use Ecological Services. Mr. Bowman noted certain deficiencies in the plans submitted by the OWC and that the plan submitted would yield an opening in the wharf structure and that the impacts of that opening should be addressed and noted that based upon the application, there may be a SEQRA segmentation issue. Mr. Frost, an adjacent property owner to the south, also testified that he would prefer that the OWC compromise and agree to maintain the bulkhead. Mr. Frost acknowledged that there were concerns regarding access and egress to the wharf, silting and water quality in the Harbor that negatively impacts the OWC and adjacent property owners and that there was no concern with the timber decking as proposed. However, Mr. Frost was concerned that the modifications would create a reconfiguration of the shoreline. Ms. Air, an adjacent property owner to the North, stated that she and her husband supported replacing timber with asphalt on the condition that the permit require the bulkhead and pilings remain in place and be maintained for the life of the bridge. Thereafter, the agent for the OWC reiterated that the proposal was simply to replace an asphalt surface with a timber surface. Linton Duell, President of the OWC also testified that the bridge opening was closed by Floyd King who in about 1978 filled in underneath the bridge,and paved over the fill. This method was chosen because of cost issues. Mr. Duell also testified that at that time, Floyd King owned the wharf property as well as the adjacent properties owned by Frost and Air. This matter was also discussed at the August 18, 2010 meeting of the Board of Trustees. At that time Mr. Duell testified that a modification was made to the application, namely, in lieu of the removal of all underlying fill beneath existing asphalt pavement which was proposed due to the unsuitable material that was observed, the OWC was now proposing to remove only that fill located between the existing beam pockets to allow placement of the new support beams. The Trustees passed a motion to approve the application as modified. 4 IV. Trustees Determination and Certificate of Compliance. On August 18, 2010 the Trustees issued a determination granting the Applicant's request for a Coastal Erosion Hazard Area Permit based upon the following: 1. The revised proposal , as applied for,complied with the standards set forth in Chapter 275 and Chapter I I I of the Town Code; and 2. The Trustees determined that the revised proposal, as applied for, would not have a detrimental effect upon the health, safety and general welfare of the people of the Town. 3. The proposal was consistent with the LWRP The OWC completed the proposed work and received a certificate of compliance from the Trustees on August 31, 2010. V. The Town Board Proceeding On September 17, 2010, the adjacent property owners timely filed an appeal of the Trustee's determination pursuant to Town Code Chapterl 11 with the Coastal Erosion Hazard Board of Review(the Board) seeking the reversal of the Trustees granting of the permit without a condition that the OWC maintain the bulkhead underneath the timber decking that was installed. The Board held a duly noticed public hearing on January 18, 2011 at which time all interested parties were given the opportunity to present testimony on the application. Anthony Pasca, Esq. appeared on behalf of the adjacent property owners and presented testimony on the appeal. The testimony presented on the appeal reiterated the information provided to the Trustees as set forth in Section III/IV above. Additionally, Mr. Pasca submitted photographs and additional information into the record regarding the condition of the bulkhead underneath the 17' area where the pavement was replaced with timber. John(Jack)Kelly, a property owner approximately 600 ft. north of the wharf, appeared and stated that the intent of the work performed by the OWC was to repair a roadway that was sagging and that was frequented by heavy vehicles. Mr. Kelly also stated that at some point during the'1970's that area of the wharf, which was originally open and had water flowing through, was filled. Mr. Kelly stated that prior to the filling of the 17' area, the beach area to the north and south survived. However, since the area was filled, sand has piled up on both sides of the wharf and has no way of getting out. Additionally, Mr. Kelly also stated that one of the effects of sand build up is that the properties furthers away from the wharf are losing sand,have lost sand and particularly to the south side. Finally Mr. Kelly stated that the build up of sand along the wharf makes it difficult for OWC to utilize the wharf. Claire Air, the appellant herein, also appeared and stated her concern as the adjacent property owner to the north is that the beach was there when she purchased the 5 • • property and that she wanted it to remain. Her concern is that if OWC fails to maintain the filled in portion of the wharf, she will lose beach area. Mr. Air, owner of the adjacent property to the north of the wharf, noted that the OWC failed to provide expert testimony from a coastal engineering firm regarding the impact of allowing this section of the bulkhead to allegedly deteriorate No other members of the public appeared in support or opposition to the application and the record was closed on March 1, 2011. APPEAL OF THE TRUSTEE'S DETERMINATION Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard Board of Review and has the authority to "[h]ear and decide appeals where it is alleged there is error in any order, requirement,decision or determination made by the Administrator in the enforcement of this chapter."See, Town Code §111-24 (B). Furthermore,the Coastal Erosion Hazard Board of Review has the authority to"reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders." See, Town Code §111-25. When considering appeals pursuant to §§ 111-24& 25,the Board is limited to the record on appeal and the arguments made before the Board of Trustees. In this instance, this Board finds, based upon the record before it, that the OWC failed to supply the Trustees with sufficient information regarding the criteria set forth in §111-9(A-C) of the Town Code to support the granting of a Coastal Erosion Management Permit to OWC. While the adjacent property owners and their representatives made general statements regarding the potential impact of the application and had a consultant present at the Trustees' public hearing that offered testimony noting certain deficiencies in OWC's application, the adjacent property owners similarly did not present sufficient information to support the denial of the permit. This Board also questions whether the replacement of pavement with timber, as proposed by the OWC qualifies as normal maintenance under §111-6. This determination should be made, in the first instance by the Trustees,based upon the information provided by the OWC. Regarding the argument made by the adjacent property owners whether the structure qualifies as an erosion control structure under §111-15,this Board believes that the intent of the wharf was to provide access to the water, as opposed to providing protection of the shoreline. However, it is for the Trustees to determine this issue if it sees fit, in the first instance, based upon information provided by the OWC and the adjacent property owners. This Board does not have jurisdiction to consider the remaining arguments of the adjacent property owners, as they fall beyond the purview of Chapter 111. 6 CONCLUSION Therefore,in the interests of justice and for the reasons set forth herein,this Board grants the appeal of the adjacent property owners pursuant to Chapter 111 of the Town Code, annuls the Coastal Erosion Management Permit granted to OWC,without prejudice, and directs the OWC to reapply to the Board of Trustees for further reconsideration in accordance herewith. Dated: March 29, 2011 7 r Jill M. Doherty,President souTy Town Hall Annex 54375 Main Road James F. King,Vice-President P.O. Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. G Q John Bredemeyer 0 �O Telephone(631) 765-1592 �y 00U Fax(631) 765-6641 N1'1� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0576C Date August 31, 2010 THIS CERTIFIES that the replacement of the asphalt vehicle and access pavine(an approx. 17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure At 2110 Village Lane, Orient Suffolk County Tax Map #24-2-28.1 Conforms to the application for a Trustees Permit heretofore flied in this office dated 6/14/10 pursuant to which Trustees Wetland Permit#7368 and Coastal Erosion Permit #7368C dated 8/18/10 were issued and conforms to all of the requirements and Conditions of the applicable provisions of law. The project for which this certificate is being issued is for the replacement of the asphalt vehicle and access paving(an approx. 17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure. The certificate is issued to ORIENT WHARF CO. owner of the aforesaid property. 1 Aluthorized Signatur 0o'bUt r ��d 0 Jill M. Doherty,President y Town Hall,53095 Main Rd. James F.King,Vice-President P.O.Box 1179 Dave Bergen Southold,NY 11971 Bob Ghosio,Jr. �y'Q* Telephone(631)765-1892 John Bredemeyer Pl T_ Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 7368&7368C DATE: AUGUST 18, 2010 ISSUED TO: ORIENT WHARF CO. PROPERTY ADDRESS: 2110 VILLAGE LANE, ORIENT SCTM#24-2-28.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter I I I 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 August 18,2010 inconsideration of application fee in the sum of$500.00 paid by Orient Wharf Co.and subjectt the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permit the following: Wetland Permit and Coastal Erosion Permit to replace the existing asphalt vehicl and access paving(an approx. 17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure, and as depicted on the plans prepared by W.F. Bundy last revised August 12, 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. / %of FOI,��o�y 13 ?} oval �aa� SD Jill M. Doherty,President craF So�Ty Town Hall Annex oad James F. King,Vice-President �0� �{� 54 Main 1 P..O.O.Box 117979 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. H one (631)John Bredemeyer i� Te1Fax(631) 765�6641892 �y00UNT1?c� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 18, 2010 Mr. Walter Bundy 237 Walden Court East Moriches, NY 11940 RE: ORIENT WHARF CO. 2110 VILLAGE LANE, ORIENT SCTM#24-2-28.1 Dear Mr. Bundy: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 18, 2010 regarding the above matter: WHEREAS, Walter Bundy on behalf of ORIENT WHARF CO. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated June 14, 2010, and, WHEREAS, said applications were referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the applications be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said applications on August 18, 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 and Chapter 111 of the Southold Town Code, and, 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, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the applications to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the applications of ORIENT WHARF CO. to replace the existing asphalt vehicle and access paving (an approx. 17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure, and as depicted on the plans prepared by W.F. Bundy last revised August 12, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, E � sid nt Jill . Doherty, Pre Bo rd of Trustees JMD/Ims Jill M. Doherty,President *QF SOUjy Town Hall Annex James F. King,Vice-President ,`O� O� 54 Main Road P..O.O.Box 1179 Dave Bergen Southold,New York 11971-0959 Bob Ghosio,Jr. CA 2:1John Bredeme er '.2 � Telephone(631) 765-1892 Y Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit#7368C Date: August 18, 2010 SCTM#24-2-28.1 Name of Applicant/Agent: Walter Bundy Name of Permittee: Orient Wharf Co. Address of Permittee: 2110 Village Lane, Orient Property Located: 2110 Village Lane, Orient DESCRIPTION OF ACTIVITY: TO REPLACE THE EXISTING ASPHALT VEHICLE AND ACCESS PAVING (AN APPROX. 17' PORTION) OVER FILL AT AN EXISTING WOODEN BULKHEAD STRUCTURE WITH A NEW TIMBER DECK STRUCTURE. CONDITIONS: N/A INSPECTIONS: FINAL The Coastal Erosion Management Permit allows for the activities as indicated on the plan prepared by W.F. Bundy last revised August 12, 2010. JilleDoherty, PresidenBoaTrustees JMD:Ims r NEW YORK STATE DEPARONT OF ENVIRONMENTAL CONSERVA v Facility DEC ID 1.4738-03228 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: ORIENT WHARF COMPANY ORIENT.WHARF CO PROPERTY C/O THOMAS MURRAY 2110 VILLAGE LN PO BOX 243 ORIENT,NY 11957 ORIENT,NY 11957 (631) 323-3864 Facility Location:. in SOUTHOLD in SUFFOLK COUNTY Village: Orient Facility Principal Reference Point: NYTM-E: 726.2 NYTM-N: 4557.4 Latitude: 41008111.0" Longitude: 72118'17.9" Project:Location: 2110 Village Lane Authorized Activity: Replace asphalt.pavement covering existing 28'x 17'bulkhead structure usqd., for s acces to wharf facility with timber decking.Remove31 cubic yards of existing fill and dispose ofit - apprQued upland site. Remove seaward most 20 linear feet of existing outfa►l pipe.All work to be completed in accordance with plans stamped "NYSDEC Approved" on 7/13/10. Permit Authorizations y _ Tidal Wetlands-Under Article 25 Permit ID 1-4738-03228/00002 New Permit Effective Date: 7/13/2010 Expiration Date: 7/1 212 0 1 5 NYSDEC Approval B acceptance of this permit, the � ermi rj y p p � , p ttee agrees that the permit is contingent upon strct compliance with the ECL, all applicable regulations, and all conditions included as pail"of this permit. Permit Administrator:IOHN A W LAND, Deputy Regi Permit Administrat r Address: EC GI01 1 HEAD RTERS S ONY BROOK CIRCLE RD TO OOK,NY 11 0 -3409 Authorized Signature: Datea,b7/ 0/ Page I of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1473&03228 Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPI k AUTHORIn NOTIFICATION OF sOAR PERMITTEE OBLIGATIONS = NATUR#LRESOURCE PERMIT CONDITIONS'-Apply to the Ilowing Ilk Permits: TIDAL WETLANDS F, i. Regu Activities Authorized By This Permit This permit'ONLY,authorises those • atcd. : activitie structures identified under the section titled"SAP Authorized Activity".The . t does not issf after-the-fact or as-built permits.This permit does not authorize activities,or legitimize a eiac of structures,Which would have required a permit but'for which no permit or other auth zation has been granted by the Department. 2, posal Locations All excavated material shall be appropriately disposed of as.pe:r the project wi iahukan amp )�{q£. the approved project si uue furtherwritten approval from the Department(permit, 3. rage of Equipment,Materials The sto nstnrction equipm materials shall be co nod to the upland areas_'. �': u-m; r " 4. qnformance With Plans All activities authorized by this permit must be is strict conformance withe approved plans submitted by the applicant or applicant's agent as part of the permit applicgon Such&proved plans were prepared by WF Bundy,last revised on 5/3/10. q7` �="� "'�.?SiS3^aS.RS�f'2AYSn.T.�:Y'.i�3'3.YiM-.?ri-'kpk.l.T leU'.YA2;:+�iHd4T'��'u2iP'" 5. Notice of Commencement At least 48 hours 'or to commencement of the pro_ the ttec and con oi.s si they. are fuilyaw a of and understand all forms and conditions of this permit Within 30 days 0 mplexion of project thelpttom poiiion of the form must also be signed and returned;along with p iraphs of the completed 6. Post Permit Sign t sigq enCIosed with this permit shall be posteda eonspicrrous location e worksite uatel eq y Protected from the weather. ;yxix 7. Failure to Meet Permit Conditiou5< yle fd meet all the conditions of this permit is a violation of this permit and grounds for an order to immediately cease the permitted activity at the project site. 8. 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. Page 2 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14738-03228 9.. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit,nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future: 10. 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. it. No Construction Debris in Wet.iggd or, diacent Area Adydebris or excess material from construction of this project shall.be'i ompletely removed from the adiaddrit;area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands aridYor protected buffer areas. 12. Precautions Against Contamination of Waters All necessary precautions shall a taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fu solvents, lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleteridus materials associated rich the project. 13. Statrr'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 suclj-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 oil altePation. ]4. State May Order Removal or Alteration of Work If future operations by the State of New York require an alterltiBri iri the posi'tion'of the structure or work herein authorized, or if, in the opuridnd#the Department of Environmental Conservation rt shall cause unreasonable obstruction tw lii free navigation of said waters or flood flows or endanger the heath safety or welfare of the pe6pie of the State, or cause loss or destruction of the natural resources of the State, the'owner nlaybe'ordered by the Department fo remove or alter the structural work,obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation,or other modi cation 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, remot+eallldr any'IiOrtloii-bf the uriet3itifPetecl"structure br fill and,restore i._its former condition.the nayigable..atld,flood-;capacrty.of the waierco.Ilrse. .No .claim shall be made against the State of New York.on account of any such removal or alteration. is. State Not Liable for Damage The State of New York shall in no case be liable for ahy damage or injury to the structure or work herein authorized which may be caused by or result from"future operations undertaken by the State for the conservation or improvement of navigation, or for oth purposes, and no claim or right to compensation shall accrue from any such damage. Page 3 of 5 Adk R NEW YORK STATE DEPARNT OF ENVIRONMENTAL CONSERVATIR Facility DEC ID 1.4738-03228 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department -The pqmitted site or facility;including relevant records,is subject to inspection at reasonable boMaAdIfiteiva n adthora�bfd representative of the Department of Environmental Conservation(t$e Department),to determine whethei`E t,Vor ittee is complying with this.permit and the ECL-, Such representative may order the work suspended`pv�uant to ECL 71-0301 and SAPA 401(3)- ", The pemnittee provide a person to accompany the Department's representative durinip inspection' to the permik* ll ea when requested by the Department A copy 's permit including all referenced maps,drawings and special conditions,must besilable for ' on by the Department at all times at the project site or facility. Failure to product a °of the ptfht upon request by a Department representative is a violation of this permit 2. 18 lens ap Of this Permit to Other Deparhnent Orders and'Determinations Unless expr ly proed for by the Department,issuance of this perurit does not.modify, supersede or rescind any o er or termination reviousl issued by the Department or any of the terms,conditions or regiremen con atn'"e In s�e o�erinin ,r H �r,_u:.• ,s .may{, vc 3. Appli - or Permit Renewa -"�drtications or Transfers The permittee j�mit a s tten application to the Depar ment`for ermit renewal,modi5cation�sfee of this p t Such application must include any forms or a Department' uir .; An enewal,modification or transfer granted by the Department must be in writing, Submission of app .: 'ons for permit renewal,modification or transfer are to be submitted to: X v Regional Permit Administrator r` NYSDEC REGION.I HEADQUARTERS �UtV 7 y�p�y�p�y� IS �yy�g�� I.LL' tCL .,��� vva�., 1?3�7v•i3 -.:�n„. :_Ci: i_. .•.r3's" .e!:r, r._A-+]ti -�h.i: SFr 4. Submissif of Renewal Application The permittee must submit a renewal applicatio#It least 30 days before periexpiration for the following permit authorizations:Tidal Wetlands. 5. Permit Modlllca s,Suspensions and.Revocations by the Department Department- . reserves the right to m Alapend or revoke this permit. The grounds for t to cation, suspension or revocation include: a. materially false or inaccurate statements in'tlie 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; Page 4'of 5 Aft NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION r Facility DEC ID 1-4738-03228 d. 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; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute;regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICNTION 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 hamrlesq,the Department of Environmental Conservation of the State of New York, its representatives, employee and agents (-ObEC") for all claims, suits, actions, and damages, to the extent attributable to the. permittee's`acts or omissions in connection with the.pennittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terns 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 intentional 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:Pl rmittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors,,employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permitted's agent with respect to the permitted activities, and such persons shall be subject to the same r sanctions.#or violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Peimittee Responsible for-Obtaining-Other Required.Permits The permittee is responsible for obtaining.any other permits,approvals,,lands, easements and rights-of- waythat may be r uired to c Y e4 airy out the activities that are authorised by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the 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 party to the permit. Page 5 of 5 ■ Complete Items 1,.2,and S.Also complete � Item 4 If Restricted Delivery Is desired. 13 Agent - ■ Print your name and address on the reverse XE3 Addressee ------- ---so that we can ratum the card to you. of ■ Attach this card to the back of the mail Qe f�� ORIENT MPO or on the front if space pemrks. ORIENT, New York O. Isdetl�aryed4s�t�i!�plkbdnirttt? DYes - 119571254 t. Article Add eased to: rcvr�s erderdatlheryedtie9ehebw ❑No 3548330957-0098 11(QA1u 01`�i(��1111�1 ��(✓ i 08/25/2010 (800)275-8777 03:52:28 PM C( (LC(L bAD _= -_=====Sales Receipt e) (J NJ (hd nk, ��� , �� � / Product Sale Unit Final 3. sru llYpe Description Qty Price Price X N�,Md Moo D EirOraermom ' D PA&Wsd O ROM PA)WforMerdwase❑ Insured Mall D C.O.D. STONY BROOK NY 11790 $0,44 a Restricted Delivery?ODC aRea) Dyes Zone-1 First-Class Letter Article — ---- --— _ 0.50 oz. z. Arta Number 7007 3020 0001 9504 0635 (rtansle.lromsenl Expected Delivery: Thu 08/26/10 PS Form 3811,February 2004 Domestic Return Receipt 1O59502M1W Return Rcpt (Green $2.30 ...._ .w_._� '—�'- Card) Certified $2.80 y a o p M aQ ' Label #: 70073020000195040535 _7----- -+ Issue PVI: $5.54 c9 S V` m Z p A 22 CR Total : $5.54 m D m .��. Q g a A i a m ^� I 3 Paid. Dy: . I o p o , Cash $6.00 ;5 Wt a g g,0 Change Due: -$0.46 g�g A N w _ _ Order stamps at USPS,com/shop or (17 D a o ' = call 1-800-Stamp24. Go to USPS.com/clicknship to print bN a m shipping labels with Postage, For _ c g j other information call s C) O1 6 " 1-800-ASK-USPS, i m Q © ########## ##########*## ########## e m Get your mail-when and where you o want it with a secure Post Office c' Box. Sign ip,for a box online at- g u::ps.com/Poboxes, SL g Bill#:100020062�189 d m © C1'erk:04 D o m All sales final on stamps and postage om m Refunds for guaranteed services only Thank you for your business n « HELP US SERVE YOU BFTTER mrem b � b Go to: c https://postalexperience.ccAiPGs TELL US ABOUT YOUR RECENT so: a g� I POSTAL EXPERIENCE RUNOFF FLOW FROM VILLAGE LANE ^[ EXISTING ROAD N -- ` AP11ROVED BY . RCO EXISTING ROAD } I_DRAIN PIPESNG DRAIN \ DENOTES RU 7F FLOW EXIST CONN ::?e i'•:ii sY;jii;:;:;:ij.i;;•F:}• \ UTFA PIPE NOTE: Ibed ,•, x Ass ♦`` Q�itFJCISTING FENCE , i .::ti::.;.:•::•::•.. :i{;:•:::•:::+::::;,' " ♦ WAR MEMORIAL ::::.::•.,:�:::: \ Dt94 LAWN .[11 / SCTM F 1000-28-1-I.1 AAM OF EXISTING i`j ► LAWN ` t:°jo ' 15TING gUa1E gFA `-N AREA OF EXISTING AREA OF EXISTING 111E N EACH GRASS 1 •� ep6,y`.- 'r l BEACH GRASS 1�Np OUTFAt♦L t pY� N� SS `.` vlvE ♦♦ \ Z j EXISTING BURIED 00 p1t • ,Zp'0 TOWN OUTFALL P SEAMNLL pp,�' ACTIVITY DELETED E D AT NEW END'MWG / L]�� S� '� SuN'%• 3.6, BEACF�A BEACH AREA f NOTE 44, 11 :6.6•r SEE SECTIOW'FOR For Topo Elevations,other Own Hose • 'by I L ADDIT1I DET q01� shown at Project Area:see John C. `. S « A �� I 1 Ehlers Survey dawd June 9,2010 ���Zby� ,` • i /� 1 i' PyY'n�i'' EXI8TINO QID OF '? OUTPACE PIPE �♦ 26'o— �L •' ♦` PROJECT AREA: EXISTING ACCESS VIAASPHALT PAVEMENT OVER FILL TO BE REPLACED WITH NEW NOTE Information shown on this Sketch re%cb Survey .'TIMBER DECK STRUCTURE SPANNING THE Infornollon as Prepared by John C.Ehbw,Laird Surveyor, AREA SHOWN dated September 1999,MayrW!"-June 2010 ORIENT HAM%= EXISTING BOULDER&BULKHEAD WHARF w/ FILL&ASPHALT SURFACE r SCALE: 1"= 30'0" PROPOSED MODIFICATIONS TO ORIENT WHARF Drawn by: WF Bundy Modification Plan " Date: March 26,2010 I WFB,Aug 12,2010 Revised: May 3, 2010 Orient Wharf Company, Orient New York Iw.d oldra6 Ck'd by: Pipe Modilicati m July 29, 2010,Aug 12, 2010 SCTM k: 1000-24-2-28.1 Sketch prepared by WF Bundy,Ease Moriches NY 11940 EXISTING ASPHALT SURFACE TO BE REMOV REPLACED WITH A NEW TIMBER DECK STRUCffDDRRE SUPPORTED AT EXISTING BEAM POCKETS AT EACH END EXISTING FILL TO BE REMOVED BETWEEN EXISTING BEAM POCKETS TO ALLOW PLACEMENT OF NEW SUPPORT BEAMS+!•IW(APPROX 21 CY)a DISPOSED OF IN ANAPPROVED UPLAND SITE. EXISTING PILINGS a SHEATHING TO REMAIN EL EL:IA' EXISTING GRADE EXISTING GRADE EXISTING BOULDER a BULKHEAD STRUCTURE ed FILL EXISTS BEYOND THE SECTION BEING EXISTING TOWN OUTFACE PIPE TO BE REPLACED WITH NEW TIMBER DECK STRUCTURE ACTIVITY DELETED') SCALE:V-10'0" SECTION IIATI THRII EXISTING BULKHEAD LOOKING WEST EXISTINGASPHALT SURFACE ON BOTH NEW TIMBER DECK STRUCTURE ENDS OF NEW TIMBER DECK STRUCTURE AS PER ENGINEER'S DRAWINGS TO BE PATCHED a PITCHEDAS REO'D 7 LISTING FILL ERE ED BETWEE! EXI NO BEAM POCKETS TO ALLOW PLACEMENT OF NEW EXISTING TOWN OUTFALL PIPE TO BE N•2r 0' SUPPORT BEAMS+A IIr(APPROX 21 CY)a DISPOSED SHOE—..__ ._...__...__._ .�.TILIZED INANAPPR UPLAND SfTE. TMACTIVITY DELETED EL6a' EL:M' EXIsnNo PILINGS 6 SHEATHING 1b REMAIN __EL IA' IXBTING GRADE EXISTING GRADE EL:1X M4IE: EXISTING CONCRETE SEAWALL.AT SHORELINE For Togo EW40".cMx Gun Mow EXISTS BEYOND THE NEW TIMBER DECK STRUCTURE �wPmINYArw;w J C. ENers SMW 4med Me 9.NIO SCALE:V=19 0' SECTION tIBII THRU EXIMING BIILKH AD LOOKING EAST Dlayer,b,, WIF Bu Win:~w w S T SECTIONS THROUGH EXISTING BULKHEAD LAW MBBE�Ip MS Oic suMyoLabtlBEpbmoxiEW aJUNY1010 PROPOSED MODIFICATIONS TO ORIENT WHARF 29 amT 2010(NOtsd Elevmon.at SNOws) _Orient Wharf Company,Orient New York 12 Mod�ed Fill R(Remmal o he O��Beam Pockets) _ I ' :.:SCTM p:t00624.2.28.t Ck'd by. ffi.�12,2200 SNMA wel)M!M M Burbly,EW M Od e,NY 11aw SII*ONLY*aea,PotlNN 51NATE. ORIEfJT TONWr ` �� �arGOUNTY•NY ins® IlirboT orle su>rol,K cou^Yyrx. iaoo-�a-z- i �gp,UW W1�A++Y i a..^ saeee�•e t _� ems. "�� - :we4' L $ ` Z �. A6.11' .•i��. � n1�Q{P.IIL �aY ar � rLg .n� r•so• JOHN C.ME S LAND. �-r�� 6&1SINAIN SIRFLT - 1r1�— ArvOMPSD.N.Y.11901 PR OWrrotect Ynotograpns ED MODIFICATIONS TO ORIENT AIRF Orient Wharf Company, Orient New York Current Proiect Site Photographs: Photoeraph Key Map �ptp•g c tXNGRwD AI �IA'ttitoouidcTlHa N4 l rls'rNG D( MM Plats ���♦ ASPHALT1AVE11I4T % VILLAGE LANE +* \\ E7BSTRMDCRNN flc"r"`r,:ic`isi{ '♦ COWMTMTO .• NOTL i.•:.:{r��:si,. �`�+a.,a:i;: i? k OIRIALLvu ~ ��'�� bOUcLesMldttwn tir:�;ri�..hii• r`. ar:::{•Q': + �r loxab Dfbutld `r'i�arii� : ftsT CAMC etas ' a.tJ�:�jei :.i:tiii::i•'�°�e'ai •:.......' yFFS [,;.;. :T•5:�: .'� 1 ♦ •jai;;..?1:i-. • `' yi rra'i+.•.`:i;::: 1 '4WR61EEIObK „i`{:i��i•�s!• a:a;v}:• Photo Wdi. LA"JN / SOTAt*.10b0.231.1.1 .'e;•;ii��'i.i:r: i {'.�tf LiW13$ .f. f LA1'RI . .��`*ram,��,✓P� i- � � %ygtiHo OuatEo sFA l ,♦ ar 74p�AtlF .T � `'�'.,y • . �nrtc � � 1 ntiekbP J ... J , � „♦ Li�ActiYiRA$$ Fy� / l - toPhoto f $ftOlt T4'pTtF�i �• Y �` - 1 � E1bETR16 BURET) ✓Y-�' � eJACN AR dA BEACH AREA h vilsmoE1noP MWALLPPE 11-P" tE Pbot,F 'lv cv tw-r nvn TB'0" FOR 7lON)A14D REPLACED vd A T IN I3ER NME: BRIDGE STRUCTURE AS PER ENGINEERS INomel o wawn oA Eia Stdrh r *M Sufnr DRAW INGS REPLICATING THE ORIGINAL tr .kn u ptpwW by JaM C.MHH lard suvgvtdWd&0p ft.IMI) WHARF CONFIGURATION ORIENT HARBOR EXISTING BOULDER&BULKHEAD WHARF STRUCTURE vd FILL 8 ASPHALT SURFACE SCALE V= 37 U' PROPOSED MODIFICATIONS AT ORIENT WHARF Dm%, by. WF Bundy PHOTOGRAPH KEY PLAN Date ALafch 23,2010 C Kd by � y Orient Whad Co an Orient Now York SCTM It g EXISTING ASPHALT SURFACE TO BE REMOVED& REPLACED WITH A NEW TIMBER DECK STRUCTURE EXISTING FILL TO BE REMOVED TO LEVEL BELOW SUPPORTED AT EXISTING BEAM POCKETS AT EACH END EXISTING BEAM POCKETS+/. 18"(APPROX 20 CY) - +/ 28'0" AND DISPOSED OF IN AN APPROVED UPLAND SITE. - EXISTING PILINGS & SHEATHING TO REMAIN i i N EXISTI G GRADE . . . . . EXISTING GRADE EXISTING BOULDER& BULKHEAD STRUCTURE w/ 7 ` EXISTING TOWN OUTFALL PIPE TO BE FILL EXISTS BEYOND THE SECTION BEING SHORTENED (SEE MODIFICATION PLAN) REPLACED WITH NEW TIMBER DECK STRUCTURE SCALE: 1" = 1 ' 0" 0 77 • cGrrinti iiATHRU EXISTING BULKHEAD LOOKING WEST EXISTING ASPHALT SURFACE ON BOTH ENDS OF NEW TIMBER DECK STRUCTURE NEW TIMBER DECK STRUCTURE TO BE PATCHED&PITCHED AS REO'D AS PER ENGINEER'S DRAWINGS \ / \ (•EXISTING FILL TO BE REMOVED TO LEVEL BELOW +1.28'0" +EXISTING BEAM POCKETS+/- 18"(APPROX 20 CY) EXISTING TOWN OUTFALL PIPE TO BE AND DISPOSED OF IN AN APPROVED UPLAND SITE. SHORTENED & EXISTING RIPRAP UTILIZED AT NEW END OF PIPE (SEE PLAN),\ / EXISTING PILINGS & SHEATHINGTO REMAIN EXISTING GRADE r• EXISTING GRADE EXISTING CONCRETE SEAWALL AT SHORELINE EXISTS BEYOND THE NEW TIMBER DECK STRUCTURE I i SCALE: 1" = 10' 0" SECTION iiB77 THRU EXISTING BULKHEAD LOOKINGAST NOTE: Information shown on this Sketch reflects Survey Information as prepared by John C. Ehlers.Land Surveyor,dated September 1999 SECTIONS THROUGH EXISTING BULKHEAD Drawn by: WF Bundy PROPOSED MODIFICATIONS TO ORIENT WHARF Date: March 26. 2010 Orient Wharf Company, Orient New York Revised: 03 May 2010 Ck'd by: SCTM#: 1000-24-2-28.1 Sketch prepared by\4'F Bundy. East `AonChes NY 11940 a • pF SOUI�oI • � o Town Hall Annex * # Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 P.O.Box 1179 �' • �O Southold,NY 11971-0959OU'M'�Aa BUILDING DEPARTMENT IP,AR�TMENT TOWN OF SOUTHOLD ADMINISTRATIVE PERMIT Applicant: Linton Duell, President, for the Orient Wharf Company Date of Receipt of Application: August 18, 2010 SCTM#: 1000-24.-2-28.1 Project Location: 2110 Village Lane, Orient,NY Date of Resolution/Issuance: August 20,2010 Reviewed by: Damon Rallis, Commissioners Project Description: Removal of 17' x 28' to a depth of 18" of existing fill and restoration of timber bridge per original structure for safety and load considerations due to deterioration of existing rubble fill and road bed. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 170 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as described in the application received on August 18, 2010. Special Conditions: No additional work permitted beyond the scope of that outlined in the above referenced application. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in the Southold Town Code,'a Certificate of Appropriateness will be required. --------------- is is not a dete na 'on from other agency. Damon Rallis Administrative Assistant Landmarks Preservation Commission - 149 of>the State, of New-York, .hyi.the ll Grace of God-Free and Independent: To all to whom these presents shall come, Greetings_ Snow Ye, that, pursuant to a resolution of the Commissioners. of our Land Office,for the purpose off-prom mating the Commerce of our said State, and for no other_object or purpose whatsoever, and with the reser- I nations and upon the conditions hereinafter mentioned,WE have given, and by these presents, do give unto `l IV,d-.rtana ,,.fj evva...e a o-w+j `I p h/ I-.,t '�.. lul r<<, :�,// , the power and authority.to erect any Dock or Docks that shall be necessary to promote the Commer a of our.staid State,upon the land under water hereinafter described,and the authority to collect from persons using such Dock or Docks, reasonable and accustomed dockage, to be regulated by our Legislature,to wit C.P;L`t( errGtti^tt,Yui / ell t r�G"'_r,'u (Yp' Jc;�•v'Z{r o`-! a( Cti.w.t r,( to6-tx.v'(•y —( dLv�j�rli-�9'Z G(.C.t -CL Cc. I/ re .Gburtl /J I t'-L V'Lt�[( {,..�/ [Y'C ,a o-LL.CIA-L It. LI.GLG lt- OL9 -(1 (iL2a � I 3 t L � ltGnl. , �_,q �.� � r,Ycz—('z,<,.I-t,�, tP� -f-L��-ei,�.r,.y -�<'«1c�,,.�� 'r-,��L,� �''2� •)':-CcI.L... '( r.^r�<( i�c' ��l,tu�.1--Y� aa.(rKrf G+..tl<,( /fill.N4'LavLLY �PLG'�" It p L t., t.c r[e 0 U2 (, t ,-c fi vLisl:vcc( -c Alt . R '1 D �t.•r tG _..�.Vie.-L•�.e•t, r1 e. Lj L t.L.y {.e�l�- �I'i't i-fiery "vv-fc� 1, L i,t �L r.l.c. c�...l.�l•-/ -t-6v/L !'i;t^L L-t.La.L.cY,tia c[ c�'�-'- 11 � � L 1 ��- /'L.T 7,J �l t • Excepting and reserving to all and every the said People,the full and free right, Iiberty and privilege of entering upon and using oil and every part of the above describedpremises,.in as ample a manner_w they might �} �-• ti«:; have done had this power and authority not been given until the aams shall have been actually appropriated and l applied to the purposes of Commerce,by erecting a Dock or Docks thereon: .dnd these presents are upon.the ' express condition that if the.said 7 P . .,,_, 7� rlc / 13c 1. , �(<. ob oz..:.--yr.�a- -•--L. �I , assigns shall, not within Lam=- yearn from the date hereof actually appropriate and apply the above descri- bed premises to the purposes,of Commerce, by erecting a Dock or.Docks thereon and filling in the same,then these r l presents and everything herein contained shall cease,determine and become void. -In Testimony Whereof# j we have caused these our letters to be made patent,and the Great Seal of our said State to be hereunto affixed: Muntss /Y y k r}r .c.(i Governor of our State,at our city of -4lbany,the v,•.,.r: day of cot�,...P in the year of our Lord one thousand eight hundred and r�te - Passed the Seerret-a/r/�y's Me the 21 day of pc / ,• Y'L ,11.L �(:. d 'L i/ /. �� - V / rill•(.t.(�•e l/C� �''✓'t ' � cW ' .Ezamiaed end compared with the original. `{r J�/G.�� /GiL., VI VL r, <f,Ur'T.i. i �I �' •�-�r.--mx—r eerieMae— r Chap, 301, i � AN A(1'I' to inrarpernln the Orient Il'Asrf CnmhPny. , passed June 28, Mt. The People of(he Stale Pf Nrte-yark, represealed is I'en- aid and .Aereinbly do rand as f4intmr; . 41. Ahw+lnm 1(Ing, Thninn.i Young, llarxillal Ynnng,'n16 and snah tither persons am now Pilo, tar shall hereafter he Associated with Ihnm ae.Atnrkhnliicrs,pursuant to this act, are hereby rollstitutell a body 0+111Jc and corporate by illo, nameof,, I'hoOrientwharl'O,+mpnny 1' forthnencourilge- nlent orertnuonren and lm rn vi UPfl, §2. 9nld oorparntion:shall have pewee to mnhatrtln and stF r' keep lit ropair their tvhnrf, now located (it Orient, In the town of Southold, and. onunty of flnifulk; and reaching from the shorn A mr hundred fret into the bay mr harbor, with tho privilege of extending Pahl wharf any dlstAntw not exece(jinIx Ilve inmdrod feet, from blghwater mark. §0. The Capital etnek of Paid company shrill ermsist ores four thmlaand dollnrs, And he divided Into shares of twenty-8vo dollnrA enrh, which shall be doemed personal , � r, prnprrfy,and tranoremblo In Pneh mantanu as RAW comps- I, ny slinll by law direct, f' d. The annual nacthng of the said ebrporatlon $hall w be hold at pooh time and place ae the directors shall do- signata, At whirl$, net loss than three,nor more than Ave' dlronlnrA shall lw chnsrn, win are required to be $look-� 1 uoldort) gild who shalt hold their:respcotive 01110011 for ra, onto year, or until the next mumtal meeting, slid such directors so chosen at ally mutual meeting, eltall As sown may be eonvonlont, choose out of their own number,or ISoin ilia other stockholders,one president,and one seers- Lary and trousurer, who shall also hold their respective ollices for ono year, or stall their next annual'tneethlg. Coal-4 §6. A majority of the dhreetoks shall form a board)slid be compotaut to traneaet ally hmallte$S of the Bald Corporatlou. 4 When It Is damned necessary by the oorporatiou to Worease ilia amount of Ilia present stook,by subscription$ the board of directors shall give at least ten days'110410e thereof, In any of the newspaapors printed In the county of Suffolk, and receive such further subsorlptlons to ilia oapltal, a$ the said corporation shall direct, provided}} nevertheless, that ilia aggregnle amount ,hall not exceed six thousand dollars. whurn• §q, Thu corporatiou eltall havo power to regulate the pulnl°,4. lying of vessels at their wharf', and within one inutdred feet thereof, and to renrovo aseh vessels as are not out- played in reooiving or discharging their cargoes from one place to another within said limits. Patmit,ror §8.'To proeocmto any porsou lining char a of n vessel °wh°ylnr .„t.M lying wltLin the above nun,orl )finite who a tall rofueo or nu leaf to comply with the ordors of tfae directors)or their duly appointed aqua, with regard to the removal of the vessel In their charge, and on duo proof recover Wore any court In tine comity of 5uffulk, having competent Ju- rlsdlotion, ilia emu of twentyfivo dollars. a°"°•� §0. To detain anyy vessel refusing to pay wharfage,and w w6-( to renieve from thnlr wharf at the oxpenae of the owner or owners, any articles l•rmnluing on their wharf beyond Ilia tuna limited by ilia directors, or in the opinion of the Wharf muster their remaining would damage the bridge, ae v t § 10. To estahllPh and ool loot such rates of wharfage for vessels, lyying by or malting fast to said wharf, mad fur persons lam lag arllolrx on, or taking articles off said wharf, as shall seem to Ilia directors reasonable and Just. Dj— :, u.. u�� --�. • _ .,.,..•..,. -- ....,o NUV _ ° "Y �� 1000 Peopca*v.>ry — O O SN" Xq SI, 14 s iY? � v rspgyX.. w X}~ X S4 L <o , o s 40 a r uonLE COUNiY OF SUFFOLK © v SOUiHOLO xcrnx xa i,` ,_ -_�.— '" �nl —0 •m^ —_ Peol Properly lax Service AgenLY 0z4 NMom• �.. ~ • s.a.,n n M o Lpnry fn.c PorvMo],XY IIA1 Y, p.. .. -,• "a 1000 PgoPEflr.usa 0 Jill M. Doherty,President ��I SOVTjsrO Town Hall Annex Bob Ghosio,Jr.,Vice-President h� �Q 54375 Main Road JL P.O.Box 1179 James F. King T Southold, New York 11971-0959 Dave Bergen CA Q John Bredemeyer ^� �� Telephone (631) 765-1892 l`COU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only -3/coastal Erosion Permit Application _Wetland Permit Application Administrative Permit AmendmenUlrans edExtension Received Application: _Received Fee:$ _Completed Application _Incomplete _SEQRA Classification: Type I_Type IIUnlisted_ APR _Coordination:(date sent) _LWRP Consistency Assessment Form _CAC Referral Sent: _Date of Inspection: - Receipt of CAC Report: _Lead Agency Determination: _Technical Review: _Public Hearing Held: Resolution: Name of Applicant n Ei m l Address / K i l io V i ll u L LaNg /0 eit 41 I A), ,l. 114 �7 Phone Number:( &J, 1619 Q Suffolk County Tax Map Number: 100/0 - q 1 �/�/� Property Location: 1110 di 11 40 9 LA NL� 19 �,/ll, 6 �r tV,�.J . �l�l� Y (provide LILCO Pole#, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: ORIENT WHARF COMPANY Post Office Box 243 Orient, New York 11957 April 10, 20U. L Board of Town Trustees APR 11 2C11 Town Hall Annex P.O. Box 1179 Southold, New York 11971-0959 Dear Ladies and Gentleman of the Board: The Orient Wharf Company requests your consideration in the matter of a re- submission of a prior permit application for the same scope of work. We also request a waiver of all fees concerning the matter before you. The Orient Wharf,originally built in 1838 and then Incorporated in 1851 by an act of the New York State Legislature, has been in continuous commercial operation since that time. We would hope that your Board will look upon our re-submission favorably and recognize our commercial operation, its location in Orient Harbor,and its importance to the history and fabric of Orient and Southold Town. Respectfully you President of a Board of Directors Orient Wharf Company Boo of Trustees Application• GENERAL DATA n Land Area(in square feet):+/-- 3/ � 3 l� S f�t7fMYL VIGI L'upt n�u�� h I N18 W od- g Area Zoning: Prb 0 Ifi cims IG1CI�l m u OCIIA I Of AM12ni)Ile 20M'o Did, 1, 11,.'-1 !1�I��IAID Previous use of property: W�{(�a r, Co NAB ,1 ,Iq f h Q A 5 A ►N A �EI I I U Intended use of property: [IJHAQ(i J1M 1N6J 11b l ND—�l� Covenants and Restrictions: Yes No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes No If"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency/ , Date IA 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: N 9(N i 616 P,RM)f APPII I A, )iIN IAl40 �dWCtlrn ( l 5) NV4 UnaaA tbtl i w M w/tlq nr fwV i. Project Description(use attachments if necessary): LXl S�jub UP)JW J Ih'CI!Z AND 01LLSS DING will bc, alp )O(CM wilrn A Nthl �I(b1ff 1)L[k, 5fNfUd AS W 4'MWIMIs, ve*ED MODIFICATIONS TO ORIF"rT*OF Board of Trustees Applica,_ion WETLANDITRUSTEE LANDS APPLICATION DATA Purpose of the proposed o tiorys: The existing 1 ...d structure proposed to be resurfaced with new timber dking rs r t and is utilized for all vehicular and pedestrian access to the wharf facility. The existing as halt avement and supporting P P Sll has deteriorated to a point whereas safe access is no longer provided@ a Area of wetlands on lot: 0 square feet Percent coverage of lot: 100 Closest distance between nearest existing structure and upland edge of wetlands:. 5 feet Wetlands situated on Adjacent Property Closest distance between nearest proposed structure and upland edge of wetlands: 5 fret Wetlands situated on Adjacent Property Does the project involve excavation or filling? No XXX yes Excavation of Existing Apparent Unsuitable Fill If yes,bow much material will be excavated? 31.0 cubic yards How much material will be filled? 0.0 cubic yards Depth of which material will be removed or deposited: 1.5 feet (Maximum Depth) Proposed slope throughout the area of operations: No Slope Exists or Proposed Manner in which material will be removed or deposited: Site reconnaissance activities identified that the top 12 to 14 inches of existing fill immediately below the asphalt pavement surface consists of unclean fill containing cement, steel, other meta an alpha t chunks. ue to t e a ve, as part of the proposed tomb ber deck structure will have all asphalt, and fill materials removed p down to a level below the existing beam pockets; and then removgdtememnt othe e]3�tdIt'any on t�e wellandsdan�tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The removal of the unsuitable material will prevent it from causing future deterioration of the adjacent wetlands and shoreline OM&ED MODMIC47IONS TO ORIFVT W�F Board of Trustees Applic: on COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Rgplacem4nt of det.r3orated aXp alt pavemeut over fill with a new timber deck structure Are wetlands present within 100 feet of the proposed activity? Now_Yes Wetlands situated on Adjacent Property Does the project involve excavation or filling? _No XXX Yes If Yes,how much material will be excavated? 31.0 (cubic yards) How much material will be filled? 0.0 (cubic yards) Manner in which material will be removed or deposited: All asphalt and fill materials removed down to a level below the existing beam pockets will be removed from the site and disposed of at approved upland sites. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) The existing asphalt pavement and supporting fill has deteriorated to a point whereas safe access is no longer provided permanent manner. Due to the above, as part of the proposed timber decking work, the area having the asphalt pavement replaced by a timber deck structure have all asphalt, and fill matarisla mmoved dnwn to a level helew the existing heam Pockets and then removed from the site and disposed of at approved upland sites. Approximately 31.0 cubic yards of material is anticipated to be removed and ispos of at approved upland ispoi,sites. The removal of the unsukahle material will prevent it from causing fulpre deter or ratien of the adjacent wetlands and sboreline. DROAD MODIFICATIONS TO ORIFVT WH9 PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME - Orient Wharf Company Modifications to Orient Wharf 1PROJECT LOCATION: Municipardy Orient,Town of Southold County Suffolk 4.PRECISE LOCATION: Street Adders and Road Intersections, Prominent landmarks etc -or orovide MD 2110 Village Lane,Orient,NY 11957; 0.43 Miles south of Main Road (SR 25)at 2110 Village Lan within the Hamlet of Orient at Orient Harbor shoreline,Town of Southold (See Map) 5.IS PROPOSED ACTION: 11 New �Expansion ®Modifi ton l alteration 6.DESCR18E PROJECT BRIEFLY: Existing asphalt vehicle and access paving, _ . ,,C Win t] to be replaced with a new timber deck structure as per Engineer's. The exislitng asphalt pavement and supporting fill, has deteriorated to a point whereas safe access is no longer PIMA: 1*4 as part of the proposed timber decking work, the area having the asphalt pavement replaces Dy a timber deck structure will have all asphalt, and fill materials removed down to a level below the existing beam pockets; and then removed from the site and disposed of at apprnmed upland sites 7.AMOUNT OF LANE) AFFECTED: Initiany 0.011 acres Ultimately 0.011 acres Project Area is +/-476 Square Feet B.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes 0 No If no,describe briefly. 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) FIResidential industrial i®Commerd8l []Agriculture Park I Forest/Open Space Other (describe) Property Classification: Social Organization; Zoning District: "M-1 rr Marine 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ®yes' n No 9 yes, list agency name and permit I appmval: NYSDEC Permit/Approval 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ®No It yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Wes ON. NOTAPPLICABLE —:9 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor N me in 0 cell, Or)Cnt 'hart CDmpany Dote: Signature_ If the action is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment , r do A' Town of Southold ® Erosion) Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M.#: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A T' STORM-WATER,GRADING,DRAINAGE AND EROSION CONTROL PLAN s e T-Un- -ill- tF- "TT" CERTIFIED BY A DESIGN PROFE32IONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION rrEM# / WORK ASSESSMENT Yes No a. What is the Total Area of the Project Parcels? Will this Project Retain All Storm-Water Run-Off (Include Total Area of all Parcels located within Generated by a Two(2')Inch Rainfall on Site? the Scope of Work for Proposed Construction) (s F r Ades (This item will Include all runoff created by site — ❑ b. What Is the Total Area of Land Clearing ) 9 clearing and/or Construction activities as well as all and/or Ground Disturbance for the proposed Site Improvements and the permanent creation of construction activity? (a.F./Agee) impervious surfaces.) PROVME BRIEF PROJECT DESCRIPTION (Plodaa AedemaP 2 Does the Site Plan and/or Survey Show All Proposed — ❑ pr,r Naetled) .Drainage Structures Indicating Size&Location?This Item shall Include all Proposed Grade Changes and Slopes Controlling Surface Water Flow. 3 Does the Site Plan and/or Survey describe the erosion — and sediment control practices that will be used to control site erosion and storm water discharges. This item must be maintained throughout the Entire Construction Period. Q x this Project Require any Land Filling,Grading or Excavation where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards ❑ — of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities Li — Encompassing an Area in Excess of Five Thousandrtace? (5,000 S.F.)Square Feet of Ground Su 6 Is there a Natural Water Course Running through the — Site? Is this Project within the Trustees jurisdiction General DEC SWPPP Requirements: or within One Hundred(100')feet of a Wetland or Submission of a SWPPP Is required for all Construction activities involving soh Beach? disturbances of one(1)or more acres; Including disturbances of leas than one acre that 7 Will there be Site preparation on Existing Grade Slopes ❑ — are part of a larger common plan that will ullinstely disturb one or more acres of land; which Exceed Fifteen(15)feet of Vertical Rise to Including Construction activities Involving soil disturbances of leas then one(1)acre where One Hundred(100')of Horizontal Distance? the DEC has deteralned that a SPDES permit Is required for storm water discharges. (SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit 8 Will Driveways,Parking Areas or other Impervious for Storm Water Discharges from Construction activity-Permit No,GP-0.10-001.) Surfaces be Sloped to Direct Storm-Water Run-Off El1.The SWPPP shag be prepared prior to the submittal of the Not.The Not shah be Into and/or in the direction of a Town right-of-way? submitted to the Department prior to the commencement of construction Quo". 2.The SWPPP shall describe the erosion and sediment contra practices and where 9 Will this Project Require the Placement of Material, ❑ — required,postKunsb atom uctkm sto water management cea anageent pmcU that will be used and/or Removal of Vegetation and/or the Construction of any constmcad to reduce the Pollutants in Sturm water discharges and to assure Item Within the Town Right-of-Way or Road Shoulder compliance with the terms and conditions of this permit.In addition,the SWPPP shah Area?m,l.Iam Mn NOT Indus.n.ImmlNen d odv.w.y APrana.i Identify potential sources a pollution which may reasonably be expected to affect the quality of stomp water discharges. NOTE: If Any Answarta Oueadome One through Nina is Answered with a Cheek Mark 3.AN SWPPP&that require the postconstnrction storm water management practice in a Box and the coratruedon she disturbance Is between%000 S.F.&1 Am in area, component shell be prepared by a qualified Design Professional Licensed In New Yak a Storm-Water,Grading,Drainage S Erosion Control Plan is Required by the Town of that Is knowledgeable N are principles and practices of Stam Water Management a0UNI0Id and Musl be Submitted for Review Pria to Issuance of Any Building Permit MOTE: ACherk M.M(J)order Answer for each Question N RegWMd fore Complete Appliculm) STATE OF NEW YORK, COUNTY OF...........................................SS ThatI..................Na...me of....of In d d.M..du...at.aignir.......q..D..Oeu....me.....n t).....................being duly sworn,deposes and says that he/she is the applicant for Permit, ( Andthat he/she is the ................................................................. . .. . (Owner,Contractor.Agent,Corporate Officer.etc.)...........................................•.....•.•••.......•. 'i Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are hue to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; ...............................................day of............................................ .20..... NotaryPublic: .................................................................................. .......................... (Signature M Applicant) FORM - 06/10 Bo of Trustees Application • County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT 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 PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. 1 � SWORN TO BEFORE ME THIS II DAY OF A % �20 I 1 Notary public,StateAof New York ' I NO.01ST6164008 Cal (Jill 7Yj I�rt�IT Qualified in Suffolk County otary Public Commission Expires April 9,2 %S Town of Southold . LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si i cant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. 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- supporting 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 SCTM#_/,911 0 PROJECT NAME jo pow ©S r "Air The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees LV1 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ i (b) Financial assistance(e.g. grant, loan,subsidy) j (c) Permit, approval, license,certification: ❑ Nature and extent of action: /I.�4&7?c1" )4--& CIL AN/9 he/!SS , i na ur 9&kim7u, DROAD MODIFICATIONS TO ORIENT RAC' Location of action: 2110 Village Lane,Orient,NY 11957 Site acreage: 0.011 Acres (Project Area is+/-476 Square Feet) Present land use: Wharf& Marina Facility(No Change in Intended Use) Property Classification: Social Organization; Zoning District: uM-I" Marine Present zoning classwcation: 2. 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: Orient Wharf Company 2110 Village Lane,Orient,NY 11957 (b) Mailing address: (c) Telephone number:Area Code( ) (631)323-2580 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 0 No❑ If yes,which state or federal agency? NYSDEC C. Evaluate the project to the following policies by analyzing bow the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. OYes No Not Applicable _ It is believed by the Orient Wharf Company and its consultants that the section of the W N ARr structure with fill (an approximate 171 0" portion) that connects the main wharf structure tot e shoreline requires rehabilitation and no longer provides safe access to the wharf facility. Instea o simply replacing the existing structure in kind, the Orient Wharf Company and its consultants recommends the replacement of the current method of access (asphalt pavement over fill) with a new timber deck structure which connect into existing beam pockets from the original bridge structure. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 1t1—Policies Pages 3 through 6 for evaluation criteria ® Yes 0 No ❑ Not Applicable nROAD MODIFICATIONS TO ORIV67 itA The location of the proposed wharf modifications coincide with the location of the original location for the timber bridge structure at the Orient Wharf, thereby replicating the original wharf configuration and timber bridge featuree,bletarimI .. ■ of ing restored and Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ul—Policies Pages 6 through 7 for evaluation criteria 0 Yes ❑ No ❑ Not Applicable The location of the proposed wharf modifications coincide with the location of the original location for dw timbe, brirdge-struttare rt- 11 Is bapa by in 0Mt W%arj Comgany ana its consultants a e placement o e new m r decE structure wW greatly enhance the visual and scenk vistas In the Hnmed ate harbor area and will also visually replicate the original wharf configuration and timber bridge features, therefore Attach additional is if necessary ^� NATURAL COAST POLICMS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria �- ® Yes ❑ No ❑ Not Appplicable The section of the wooden boilchcad structure with fill that connects the main wharf structure to the shoreline has been experiencing severe erosion of the fill below the Mind,asphall pavement aim so lauger piwides me access wo me w1jewl scofty. instead oi simply repRing ilia 0XINdlig an WINIT to tbe coneaA method of access (naphade twv.�.A omi W with a u.� timbe. deck sh ada.e -hick comeect— pro4xiils *nmadim" am-' long %rin sale ais-inis for. *Ghtdne anal 011i--& A%-Ff F-Gillilt; Acts..,,mmnom sheets it 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 The intent of the timber deck structure is toprovide immediate and long-term safe_ access for vehicles _ - ` and pedestrians to the Orient Wharf Facility,'• placement of the new timber deck structure a9iiis continued safe seem to unent wnari anu nuowa the entire wharf facility to be addressed as a unit in its Future permit submittals identified below. Attach additions)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 [11 —.Policies; Pages 22 through 32 for evaluation criteria. © ❑ ❑ DROMBDMODIFICATIONSTOORMAT Mt Yes No No._:pplicable The Orient Wharf Company will be submitting in the near future, separate projects to modify their Is und-tixe-floath locks and-mooring areas that exist at Orient Wl, r{. and to pet '} t nee `l '1' facility The infant of the fnfirre m difi atin are tv f lilt t f rth1::I enhance then-terqualwof it site Ly remoidng sediment and silt that hAt aeciumnisted, %nEi to als"nereage the ability of b�ftts-to-uti]!ize the f anilitios mitho t uhnttntn'ng 011t!! 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 O Not Applicable Not Applicable to Proposed Project 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 0 Not Applicable Not Applicable to Proposed Protect 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 The pier which extends into the harbor dates back to the 1800s. The site is owned by the Orient Wharf Company, a local for profit enterprise. Orient Wharf is an active shipping pier, harbor and moonng facility on the north-eastern shoreline of Orient Harbor accessible off of Village Lane in Orient and —Though Privately owned, the wharf provides Orient residents access to Orient Harbor and adjacent Waters 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. ❑Yes ❑ No Z Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island,Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable 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. I ❑ Yes ❑ No a Not Applicable it II PREPARED BY / TITLE DATE �