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HomeMy WebLinkAboutOrient Wharf Co, Inc Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 April 13, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Linton Duell Odent Wharf Company P.O. Box 243 Orient, NY 11957 RE: 2110 VILLAGE LANE, ORIENT SCTM#24-2-28.1 Dear Mr. Dueil: In response to an appeal by interested padies, the Odent 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. 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. Ve7 truly yours, JMD:lms Enc. ORIENT WHARF COMPANY INC PO BOX 243 631-323-3548 ORIENT, NY 119570243 03-67 ~'OO 25~&,' 2536 D OL L AR S ~:O 2 ~. ND ? W & 2re:Il, :i 2 2 I,',,OO ' 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 Miniehini) 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 Enviromental Conservation; and WHEREAS, the Town Board conducted a duly noticed public hearing on the instant appeal with an oppommity for ail 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 (Waterfrom 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. orantin~ the Aoolication of the adiacent 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 Board~/~eeting 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] MOVER: Vincent Orlando, Councilman SECONDER: Albert Kmpski 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 Orient, NY SCTM # 1000-24-2-28.1 DECISION 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: 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 111 Coastal Erosion Hazard Areas of the Town Code, pursuant to the provisions of § 111-9. 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-I" 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 no~h 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. II. 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 urea. 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 mount 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. I 1. LWRP Consistency form. 12. Copies of a permit issued by the New York State Department of Environmental Conservation (It 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: 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. The OWC application did not meet the requirements for a coastal erosion hazard area permit and failed to address them in the application. The OWC application did not meet the requirements for a wetlands permit. The OWC application was not consistent with the LWRP. 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 heating 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 ½ 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 bulkhead and that the OWC made no indication that they were going to maintain the bulkhead. Mr. Pasta 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. Pasta 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: The revised proposal, as applied for, complied with the standards set forth in Chapter 275 and Chapter 111 of the Town Code; and 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. 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 Tmstee'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 Pasta, 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 theA970'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 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). Furtbermom, 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. 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 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 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 paving (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 .g24-2-28.1 Conforms to the application for a Trustees Permit heretofore filed 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 ali 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. Jill M Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line __ 1st day of construction ½ constructed __ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERM1T NO. 7368&7368C DATE: AUGUST 18, 2010 ISSUED TO: ORIENT WHARF CO. PROPERTY ADDRESS: 2110 VIlLI,AGE LANE~ ORIENT SCTM#24-2-28.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held'.on Auanst 18.2010 in consideration of application fee in the sum of $500.00 paid by Orient Wharf Co. and subject the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and the following: Wetland Permit and Coastal Erosion 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. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 South&d, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August 18, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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, Jill . Doherty, Presid nt Bo~r(~ Dof TrusteePsresid~'nt JMD/Ims Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #7368C Date: August 18, 2010 SOTM#24-2-28.1 Name of Applicant/Agent: Waiter Bundy Name of Permit"tee: Orient Wharf Co. Address of Permittee: 2110 Village Lane, Orient Property Located: 2110 Vitlage 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. JMD:lms Facility D~C ID 1-4738-03228 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: ORIENT WHARF COMPANY C/O THOMAS MuRRAy PO BOX 243 ORIENT, NY 11957 (631) 323-3864 Facility: · OI~IENT ~cIAiRF CO PROPERTY 21 l0 VILLAGE LN ORIENT, NY 11957 Facility Loca, ti0n:, in SOUTHOLD in SUFFOLK COUNTY Viliage: Orient Facility Principal Reference Point: NYTM-E: 726.2 NYTM-N: 4557.4. Latitude: 41°08'11.0" Longitude: 72°18'17.'9" Project,Location: 2110 Village Lane = Autho,~ed Activity: Replace asphalt.pavement .covenng existing 28' x 17' bulkhead structure us~ for 'ac¢cs~to wharf facility with timber decking. Remove 31 cubic yards of existing fill and dispose of~ apprQ~ed upland site. Remove seaward most 20 linear feet of existing ouffall pipe.'All work to be ,* completed in accordance with plans stamped "NYSDEC Approved" on 7/13/10. ~:~ .,Permit Authorizations Tidal Wetlands - Under Article 25 Perfait ID 1-4738-03228/00002 New Permit Effective Date: 7/13/20] 0 NYSDEC Approval Expiration Date: 7/12/2015 By acceptance of this pernut, the pernuttee agrees that the pernut Is contingent upon st~ti:t eomptlanc6 With the ECL, nH applicable regulations, and aH conditions included as par~ if this permit. Permit Administrator: JOHN A W/I~LAND, Deputy Regi~r Address: _N'f~E_C/R~GION I HEADQ~RTERS j ~Z_F~_~S_ff_ONY BROOK, J~ CIRCLE RD / Authorized Signature: Page 1 of 5 NrgW YORK STATE DEPARTMILNT OF ENVIRON]~"IXrFAL cONgRRVATION Facility DEC ID 1-473S-0322S Permit Components · NATURAL REsoURcE PERMIT coNDITIONS GENERAL CONDmONS, AP .P.,~/~.~=~ AtrrI-IOI~,ZRD~i~EI~Z~S · NOTIFICATION OFfeR PEPdvn' · I'I'EE OBLIGATIONS ?.%, · -'-:'f' ' ~ '%' "' '."'F..[ '.., -I NAT~ I~SOLTRCE PERMIT CON-DITIONS-APl)t, t' 1 ~,~ Permits: TIDAL. W-ETLANDS · t~' ' ' " ' '~' .~ ." . · . . .. . ~. ..'... aeU.vme~ structures ~dent~fied unde~ tbe section 6fled "SAP Authorized Activity". The ~ does cx~..tej~e .ofstmLm~' Whieh wotaa ~av~ required ~ per~t bat.for which.o p~ait or other , % . '. ~z~u0n h~ be~ ~ant~ ~y tbe D~mm~t .- . . ~ . · . . ~.- 2: ~ .pO.S?. ~.L~. Ii.o'= All cxcava,ted matexial shall, be appropriately disposed of as.p~ir tho proj.ect1~'. tho approved p;oject._si~. ' J~Luire further-written approval from the Depm'tm~nt (Permit, .... -._d_~''~-' *'-~.~,:., ,~ s,-~,"~'. - . %.. . . . ' 4. (~j~nf0rmanee With Plans. All activities authorized by this permit must be'in strict conformanc~ '.. with ]~e approved plaua' ~Ubnutted by the applicant or applicant's agunt a~ part of me peTmit appli~on~ stum i~gmved p~ans w=e pr~ared by W~ Bmady, ~ast r~,is~ on S/~nO. '. ~'. '. ' s~ NOtice of CO,n'"eneemen~t_~o_f~eProject,~he~n~ittee ' the comple~ea.~. . : ' . ' =¥!. ' : ' 6. Post Permit Sign ~ .~_ 't sign enclosed with this l~,,,it shall be poSt~..~-conspicoom location on the worksite ai~,~uately protected from the weailier. ..:4~{~i" ' ' · 7. Fa/lure to Meet Permit Condifioii~? ~ eet all the con&lions'of tiaa penmt is a violation of this permit and grounds for an order to immediately cease the permitted activity at the project site. S. Use of Tre~ited Wood The useofwood treated With Pen~chtorophenol or other wood treatment not specifically apPr0~ .ed by the Deparmaem for use in wetlands and/or marine waters, .is strictly protu'bited intbe construction of structures that will be in contact with tidal waters. Page 2 Of 5 NEW YORK STATE DEPARTMENT OF ENvn~ONMENTAL CONSERVATION Facility DEC ID 1-4738-03228 9. No Dredging or Excavation No dredging, excavating or'other alteration of shoi'eline 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. 11. No Construction Debris ...... - m WetlanO or Adjacex~t Area, ~¥ debris or excess material from constmctinn 0fthis project sh~[:b~ei~inpletely removed from the adj~agext~ area (upland) and removed to an approved upland area for'disposal No debris is permitted in wetlands ~0~ ~rotected buffer areas. 12. Precautions Against Contamination of Waters All necessary precautions sh~i&c taken to preclude cont~ifiation of any wetland Or waterw~ by suspended solids, sediments, fugl~?lvents, lubricants, e?~y coatings, paints, concrete, lenchate or any other environmentally deleteriC~Us materials assOCiated ~ the project. 1~. State'May Require Site Restoration If upon ' ' the expiration or revocation of this permit, ~g p oject?ercby authorized has not been completed, the applicant shall, without expense to the 8tag~ and to su.~~extcnt and. m such time and manner as the Department of Environmental Conservation ma~2 reqm~e, remove all or any portion of the uncompleted structure or fill. and restore the site to its ~rb .rm~ con~iion: No claim shall be made against the State of Ne~ York on account 0fany such removal 14. State May Order Removal or Alteration of Work If future operations by the State of New York eq ~re an al[:.e.,rat~ m the positron'of the structure or work herein authorized or if. ....... ~:'~ Depa~ of Environmental Conservatlom~t;shall cause unreasonable obstruction to~.ll~rPe~n navigaffOn of s~fd waters or flood flows or endanger the he~l~Fsafetv or welfare of the '~e~~'¥~kc,~- o,-- l°sg'ior destruction of the natural resources of the State, ti~'13~ef.maflS~dered by the Department mm~ve or alter the structural work, obstrUctions, or hazards caused thereby without expense to the Sfilte,' ' and i~ upon the expiration or revocation of this permit, the structure, fill, excavation, or other' modffi?ation of the watercourse hereby authorized shall not be COmpleted, the owners, shall, withoUi: expense, to the State, and to such extent and in such time and manner as the Department of Environmental:Conservation may texluire, rem~Ve~lt,~r any ~o~6f~ol~.t~e Uri~.itpl~red,~stmetur~ ~r fill · and restor~l~:i~ts.;:fo?mer condition.the navigab!o..ood, fl~.06 ~al~ty,~.~:~gl~oo.~s~..No ~1~ shall be made a~h_.~nst the State of New York. on aCCOunt of any such removal or alteration. 15. State Not ~!able for Damage The State of New York shall in no case be liable for ai~i~ damage or injury to the structure or work herein authorized which may be caused by-or result fxom:fUture operations undertaken by the S'{hte for the conservation or ' · ' ' · ~mprovement ofnamgat~on, or for other purposes, and no claim or fight to compc~sa~i0n shall accrue from any such damage. Page 3 of 5 GENERAL CONDITIONS - Apply to ALL Authorized Permits: '" ' 1. Facility Inspection.. by The Department .~~..site or facility, including relevant records, is subject to impeCtion at reasonable lt!Lm~'iiitei, vals~ faii'ii/ffi~t~.representatiw' of the Department of Environmental CbnS~rvati._.o!!,(ttt~"~)epartmont)'.to d~termine whethei: ' .'tI~,~tt~'is ~omplying with this. pexmit and the ECI~_~:::~ii'ch representative may 0rdex the work suepend~l' ~ttl~slant to ECL :71- 0301 and 8APA 401(3). .~' The pexmitte~ }r~ll provide a person to accompany the Department'~ representative duri~ _.4~n msp~aon to the Peamit.~ when requested by the Depadment. ' ~.~.. -A 9opy offii~is permit.including, all referenced'maps, drawings and spe~ial'condiffoa must b~..aii~le. for ins~on by theDepattmeat at all times at the projekt site or facility. Failure to laodnco a ~ of the p~.-..~t upon xequest by aDepa, tmeat representaliye is a violation Of this pea'mit. · gA. ' 2. R~lationship ofth~ Permit to O~her Department Orders and'Determinations 'Unless ~xpr~ty pro,ted for bY the Department, issuance of this permit does ~ot.modify, SUpt.,erie or r~scind ~y or~e~ or ci!~t~,,~ihati0n previously i~sued by the Depaxtment or any of thc terms, conditions or requirement}. 3. App~ Permit.Re;~*l!gjLdifications or Transfers The pcrm~ti .c~.~~ s~'ttea~ application to.the Departm~"for~e~'.'t renewal, aodificati0n~fe~ of fbi. 's ' peiz~fit_Such application aust ~nclude a~y fora or~- ~.~2~~~e Department require.'. ' app~ons for po-mit r~ewal, modification or txansfer are to be submitted to: .~. · Regional Permit AOminiatrator. 4. Snbmlsn~.0f Renewal Application The pcaiaittee must submit a.reaewal applicative'it least 30 .day~ before p~.~xpiratien for the follovAng permit authorizations: Tidal Wetlands. ,?" 5. Permit Moa~fica..~, Suspensions a~d Revocations by the Depm tment ~'~Depanmcnt reserves the fight to m0dl~pend or revoke this txamit. The grounds f~..~a~ificalion, susPension rovocation include: ': ..... '"'" a. mateiially false or inaccurate statements ih'~ ~t.application or supporting papers; b. failure by the pennittee to comply with any terms or conditions of the permit;, c. ex.c, eeding the scope of the project as described in the permit application; Page 4'of 5 NEW Yo~K STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FaciHty DEC ID 1-4738-03228 d. newly discovered material information or a material change in environmental conditions, relevant - teclmology or applicable law or regulations since the issuance of the existing permit; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute~ regulation or another permit condition. Applications for permit.transfer should be submitted prior to actual transfer of ' ownership. , · Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification . · The permittee,~xcepting state oi' federal agencies, expressly agrees to indemnify and hold harml~ the Department Of Environmental Conservafi6n of the State of New York, its representatives, employe~e and t ~i' ,, - - . . · agen s ~ DEC ) for all clmms, stats, acuons, and damages, to the extent attributable to the. permittee's:acts or omissions in connection with the.permittec's undertaking of activities in connectioi~ with, or operation and maintenance of, the facility or facilities authorized by the permit whether'in ' compliance or not in compliance with the terms and conditions of the permit, This indenmification'doeS not exte_fid to any cla/ms, suits, actions, or damages to the extent attributable to DEC's own negligent or ~ntentio~ acts or omissmns, or to any claims~ suits, or actions naming the DEC and arising under Article '~ 6~e New York Civil P~-actice La~,s an~ Rules '0~' any cifi'~' ~it ~' ~i~/ii' ~gh~"i~ro{4~:i~n .... under federal or state laws. Item B~Pt/rmittee's Contractors to Comply with Permit The p~'mittee is responsible for informing its independent ~ontractors,~employe~, agents and assigns of their regponsibility to comply with this permit, including all special conditions while acting as the permittes's agent with respect to the permitted activities, and such persons shall be subject to the same sanctioni}tfor violations of the Environmental Conservation Law as those prescribed for the permittee. '~' Item C: Pei~mittee Responsible·for'Obtaining. Other Required· Permits . : · -: The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to Cany oui the a~lvid~s ihat are ~u~h~rlze~i I}5; ~s'Permit.' " Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not COnvey to the permittee any fight 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 ir~ real or personal property held or vested in a person not a party to the permit. Page 5 of 5 · Complete items 1, 2, and 3; Also complete Item 4 if Restricted Deliver,/is desired. · Print your name and address on the reverse --so that we can tatum the card to you. · Attach this card to the back of the maill~be, or on the front if space permits. 1. Article Addressed to: YES, en~da~,eW~t~. 1:3 No ORIENT MPO ORIENT, Ne~ Yor~ 119571254 3548330957-0098 08/25/2010 (800)275-8777 03:52:26 Sales Receipt Final Descrimtion Gty Price =rice $0.44 II'/G¢,¢~ ~,T~p~ Product Sale Unit Descrip [] IrmU~ ~1 O ~o.D. STONY BI 4, ~ ~ ~) D~ Zone-1 Letter - - OY oao d6o ' So -o s - 0.50 o, Expect Ib~ 20~ ~m~lc R~um R~el¢ 1~1~ ' Return ,, 6ard) ~ I ~ ~ ~ ~ j Issue [ 2. Art[cie Number PS Form 3811, ~ebn~an/2004 STONY BROOK NY 11790 Zone-1 First-Class 6,50 oz, Expected Delivery: Thu 08/26/10 Return Rcmt (Green $2.30 Certified $2.80 Label #: 70073020000195040835 Issue PVI: $5,54 $5,54 $6.00 Change Due: -$0,46 Order stamps at USPS.com/shop or call 1-800-Stamp24, Go to USPS.com/clicknship to print shipping labels with postage, For other information call 1-O00-ASK-UGPS, Get your mail-when and where you want it with a secure Post Office Box, Sign oD-for a box online at- - - u:,os.com/pob~es. ******************************** ********************************** Bi11#:100820062V189 Cl~rk:04 . All sales final 0n stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU 8FTTER Go to: https://postalexperience,c~.,/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE EXIST BY ~R.U$~EES ~/.~-.XI~TING FENCE · WAR MEMORIAL ACTIVITY DELETED~TM BEACH AREA For To~O Elevations, other than those Shrub'1 ~t Proj~t Area; ase John C. Ehlem ~unmy dated June 9, 2010 · EXI$11NG END OU/F/U.L PiPE Infom~tion ~ho,#n on thls Sketch reflects 8unmy I InfmmaUon as prepared by John C. Ehtera, Land Sunmyor, Clab~:l ,~tember 1~, M;ly~201~ ?u~ 2010 ORIENT HAR~,'~ AREA OF EXi~'I~NG BEACH GR~.~ EXISTING ACCESS VIA ASPHALT PAVEMENT OVER FILL TO BE REPLACED WITH NEW ....'"TIMBER DECK STRUCTURE SPANNING THE · AREA SHOWN BOULDER & BULKHEAD WHARF wi FILL & ASPHALT SURFACE SCALE: 1" = 30' 0" PROPOSED MODIFICATIONS TO ORIENT WHARF Drawn by: WF eundy Modification Plan Date: March 26, 2010 Revised: May 3, 2010 Orient Wharf Company, Orient New York Ck'd by: July 29, 2010, Aug 12, 2010 SCTM #: 1000-24-2-28.1 Sketch prepared byWF Bundy, East Mo~hes NY 11940 SCALE; 1" = 10' 0" SECTION "A"' THRU EXISTING BULKHEAD LOOKING; WEST NEW TIMBER DECK STRUCTURE A~ PER ENGINEER'S DRAWIN(3~ ~ ,<..: EXlS~rNG ASP~N.T SURFACE ON BOTH ENDS OF NEW TIMBER DECK $~UCTURE TO BE PATCHED & PITCHED A8 REQ'D SECTION THRU EXISTING BULKHEAD LOOKING EAST 29 July 2010 (Noted lgeva~ion~ ~t Se~or~) 12~g 2010 (Deteted O~f~l Rm Modifea~Jms & Ck'd by: SECTIONS THROUGH EXISTING BULKHEAD PROPOSED MODIFICATIONS TO ORIENT WHARF .... Orient.Whorl Company, Orient New York JOHN C. F_HI,FXS LAND' · rrojec~ rnotograpns - · PROPOSED MODIFICATIONS TO ORIENT WFI'YJRF Orient Wharf Company, Orient Neap Yorl¢ Current Proiect Site Photographs: Photograph Key Map ORIENT HARBOR Ph~ L~ PC~T~ON)AhDREPLACEOWfATIU[~-R PROPOSED MODIFICATIONS AT OI~I'~.NT WHARF o~ by wF ~.nd,t PHOTOGRAPH K~ PL~ D~, ~ ~.~o~a O~t ~ ~y, O~t N~ York EXISTING PILINGS & SHEATHING TO REMAI~N %,~ EXISTING GRADE EXISTING BOULDER & BULKHEAD STRUCTURE w/ ~ FILL EXISTS BEYOND THE SECTION BEING %J REPLACED WITH NEW TIMBER DECK STRUCTURE "~ EXISTING ASPHALT SURFACE TO BE REMOVED & REPLACED WITH A NEW TIMBER DECK STRUCTURE SUPPORTED AT EXISTING BEAM POCKETS AT EACH END '~ +1. 28' 0" ~.:[:.:??;.'..i..:.',:.,?..:B:?:.:?:.l:...:.:v'?¢[i?:?l.?.,?:'..','.:'[.: SECTION EXISTING FILL TO BE REMOVED TO LEVEL BELOW EXISTING BEAM POCKETS +/- 18" (APPROX 20 CY) AND DISPOSED OF IN AN APPROVED UPLAND SITE, ")..., EXISTING GRADE ' '~ EXISTING TOWN OUTFALL PIPE TO BE SHORTENED (SEE MODIFICATION PLAN) SCALE: 1" = 10' 0" ~¢A]~ THRU EXISTING BULKHEAD LOOKING WEST NEW TIMBER OECK STRUCTURE AS PER ENGINEER'S DRAWINGS EXISTING TOWN OUTFALL PIPE TO BE SHORTENED & EXISTING RIPRAP UTILIZED AT NEW END OF PIPE (SEE PLAN)~ '~. EXISTING GRADE ~'~'~._'~ ~ECTION EXISTING ASPHALT SURFACE ON BOTH ENDS OF NEW TIMBER DECK STRUCTURE TO BE PATCHED & PITCHED AS REQ'D !, EXISTING FILL TO BE REMOVED TO LEVEL BELOW ~,EXISTING BEAM POCKETS +/- 18" (APPt~OX 20 CY) · AND DISPOSED OF IN AN APPROVED UPLAND SITE. / ~./// EXISTING PILINGS & SHEATHING'TO REMAIN EXISTING GRADE ~ EXISTING CONCRETE SEAWALL AT SHORELINE EXISTS BEYOND THE NEW TIMBER DECK STRUCTURE SCALE: 1" = 10' O" ~B~ THRU EXISTING BULKHEAD LOOKING EAST NOTE: Surveyor, dated Sap ember 1999 Drawn by: WF Bundy Date: March 26, 2010 Revised: 03 May 2010 Ck'd by: S~etch prepared by W F B[mdy. E~st Moriches NY 11940 S~CTIONS THROUGH EXISTING BULKHEAD PROPOSED MODIFICATIONS TO ORIENT WHARF Orient Wharf Company, Orient New York SCTM #: 1000-24-2-28.1 Town H',dl Annex 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 Telephone (631) 765-1802 Fi~x (631) 765-9502 BUILDING DEPARTMENT TOWN OF $OUTHOLD ADMINISTRATIVE PERMIT Applicant: Linton Duell, President, for the Orient Wharf Company Date of Receipt of Application: August 18, 2010 SCTM#: 1000-24.-2-28.1 Project Location: 2110 Village Lane, Orient, NY Date of Resolution/Issuance: August 20,2010 Reviewed by: Damon Rallis, Commissioners Project Description: Removal of 17' x 28' to a depth of 18" of existing fill and restoration of timber bridge per original structure for safety and load considerations due to deterioration of existing rubble fill and road bed. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 170 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as described in the application received on August 18, 2010. Special Conditions: No additional work permitted beyond the scope of that outlined in the above referenced application. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in the Southold Town Code,~a Certificate of Appropriateness will be required. a d~n f~o~ther agency. Administrative Assistant ~ Landmarks Preservation Commission Grage o~ God. Free and Independent: To all to ~ohem these pr£se.ls shal~ come,. Knom Ye, that, pursuant to a resolution of the Commissioners of our Land Office, for the ~ose of pro- vatio~ and ~o~ the conditlo~ h~ei~er m~tlo~ed, ~E ~vz given, and by the~ yre~ts, ~ give u~to therefor and a~tho~t~ to erect an~ Dock or Dock~ that shaR be neces~ar~ to promote the Comm~ of our said State, upon tk~ land under ~ater hereinafi~ des~ibed, and tko aut~orit~ to cold.from p~so~ u~in~ s~c~ Dock or Docks: re.enable and accustomed dockage, to be regulated b$'~r Legi~ture, to wit: ~<.~-~ ~'~/- of eme~ng upon and ~in9 all and e~y part of the abow described ~remi~,.in ~ am~ ~ a m~n~ ~ they mlg ~ ha~t done had tail ~ow~r and authority not been Oi~en, until t~e same shall a~plled to th~ purposes of Co--oreo, b~ ~ecti~9 a Dock or Docks thereon: ~slg~ sha~l ~ot ~it~in ~-- ~e~s from t~ dat~ her~of a~tuall~ a2?ro~ate ~ a221~ the abo~ d"~' bed pr~mises to the ~u~ose~ of ~m~e, by erecting a Dock ~ Do~ki th~eon and ~lllng in t~ sa~e, th~ thee presents and ever~ thin~ herein co~alned s~ll ae~e, dete~ine aM be~ome vold, ~e have ca. ed these o~ ~tt~rs to be made pate~, ~d the ~eat Seal of ~ll~ ~"c~ ~/~ .[~ Gove~or ~ o~ State, at o~ cit~ ~ ~an~, the " d ~f ~/x, c.', r, ~V~-''f':~ · Examined trod compared with the original. ~'~//~'~ Chap, 307, Pas*cd ,Tune ~8~ T~s P~ol~l~ ~ tM 8tM~ ~ ~mo*Yor~, repr.¢.l~d ~r ,~en. ~l. At)~al.m ( g~ Thnma~'Young ~arzillal and smd~ nf.l~er p,ra~ n~ ~ s mw a~h nr nhnll he~eaf/e~ he ~flBO~ flt'd wJLh hnnl ~ ~tno~hnl ters~ ptl~Bnnflt lo thin ~ ~ 8ah ~ r mtn on:ahall hnw p6wot ~ innltltni~ K~d keo1) la to ,dr t tell, whhrf, ~low I.md~d ~ Orlet]~ I~ ~l)e ~wn or ~euthohl~ And ~unty.of ~u~olk,' and from the ~horo n,.r Imndred f, eL Infa the bay or harl)or~ with th~ prlvlh'go of extendin, g snhl wharf nay dlstnn~ ' not cxgeo tg ave hund~d fi~ t~ frnnl hlghwnter mark. ~ 3. T e e~Lldhd stack or ~atd e, mtpnny ~hall *m~i~t fi.ir thousand dolla~s~ and he divided Into n mrea of ,..: twel fy-five * o late earth, wi eh ahnll be d~med partial , p~apet{y~ and transferable In m~h maana~ as smd ¢ompa- ~ '.' ~'.~ ny nhnll, hy aw direot. , · ~4. q. ho annnal meethlg of the said ~rpotatlon ihalla~ he'told at nuoh Lime nnd dnes ~q Um d ~rl eball t~ tlR1 als, at whleh~ not lo. than fllr~s nor more than fly, l....,i cliff.tars . al I~ chnsrfl, wh-ate toflulred ~ he etak on~ year et until tho next nnuual m~fln~l and guoh dlreoto~s ~ chosen at any amtual nteotlng~ shall ~ s~n ~.~..,~' ' aa may ~ ~VOII]OII~I OhOOS~ OU~ O~ ~te~ ow~ num~r or ~ , · 'l~.otu tho other s~okholtlers', one presldenh and ouo facto- ":". ,: tary and treaiurer~ who shall also hold their respee~ve ~ 5. A m~or'lty of fl~e direetoi~ shall btm a board, and bo colrll)ote~ ~ t~auaaoi ally l)usluess o~ tile Uld ~rj)ol'a- Uon, ,.~ · -..r ~ O, Whoa It Il deaned neoessary by t~o ~rporatlou .t ~e ~a~ of dlree~ra slnLIl give at least ten days ~0tl~ the~of, l~ a~y of the ~ewa[v~p~rs prlnte~ IR the ~ut~ty of Saffolk, an~ re~ive such ftt]th~ stt~aeflptlone ~ tim capital al tho said ~rporatloa shall dl~otl provided, nevertheless, that t m aggregate aluount shall ~ot ex~od six tllousaud dot]ars. ~ 7. The oo]'~oratloU BIInll JHLvo pewit to regulate the lyl~g of vessol~ at their wharf, an~ wltbla one huudred ployed tn receiving or discharging their eargo~ from one place to another witldu slti(I limits. , P.,,~t~ ~ ~ 8, 'To proseou~ lilly person having charge eg a vessel , · lying within tim aborn namerl ]liults~ who shall refuse or l~oglea/ ~ comply with the orders of the dt~eoto, or their duly appel.ted agoll~, with regard ~ the removal of the vessel in their charge, and on duo proof re~ver ~ziy court lit the county of Sttfr. lk, having competent Hsd[orion, tl~o emu of twanty-fl~o dollars, ~,O. To detain any vessel refu~lng to pay wharfage and or owners, say articles remahtlng on tlleJt wharf beyond the time limited hy the dlreotors~ or in t~e ophdou of the wharf master thelr remaining would damage the brhl~e, ~ 10. To .tabllsh and ~Jleet suoh'rates ofr wharJage fol' vessels lying l)y or making ~t ~ laid wharf, and fur parsons lan~ling ardo cs on, or taking artloles off sa d wltarf~ a8 9}lu]l ~cem tu the directors ~ionable and Jug. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD V~oastal Erosion Permit Application Wetland Permit Application __ Amendment/Transfer/Extension ~/Received Application: ~. Ii ~ Ill Received Fee:$ Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent). LWRP Consistency Assessment Form CAC Referral Sent: Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Healing Held: Resolution: Office UseOnly Administrative Permit APP, 1 Name of Applicant 0 ~J~bJ ( AddressI1 O I/i IJnh Suffolk Com~ T~ Map Number: Prope~y Lomtion: & J J 0 (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, 2011 Board of Town Trustees Town Hall Annex P.O. Box 1179 Southold, New York 11971-0959 AP9 20] 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 yours: / . ~ . ~, President of ~e Board of Directors Orient Wharf Company ' ' of Trustees Application GENERAL DATA Intended ~e ofprope~y: ~. ll~/gh ~a[~ Jk~ [ Coverts ~d Resections: Yes ~ No If"Yes", plebe provide copy. Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency,/. Date Yes ~/' No __ 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 if necessary): r , ivt '17' tg" om' J} x Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA .Purgos. e. ofthe prooosed o_oeration0: The existing ~ ~.-,~ structure proposed to be resurface~l w~th new tilnber ffeck~g ts-currently covered with asphalt pavement and is utilized for aH vehicular and pedestrian access to the wharf facility. The existing asphalt pa~'rment and supporting fill 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 dimmce between nearest existing structure and upland edge ofwetlan&:: 5 feet Wetlands situated on Adjacent Property Closet distance between nearest proposed structure and upland edge of wetlands: 5 feet Wetlands situated on Adjacent Property Does the project involve excavation or filling? No XXX yes Excavation of Existing Apparent Unsoitable Fill If yes, how much mater/al 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 metals and asphalt chunks. Due to the above, as part of the proposed have all asphalt, and fill materials removed down to a level below the existing beam pockets; and then remov, ed from thc ~tite ~d diaposed of at approved unland sit~s. Statement of the etI~ct, ~I'any, on the wetlands an~tidal waters of the town that may result by reason of such proposed operafion~ (use attachments if appropriate): The removal of the unsuitable material will prevent it from causing future deterioration of the adjacent wetlands and shoreline. ~g~ED MODIFICATIO~ TO ORIF~F ! Board of Trustees A~olic~ xon COASTAL EROSION APPLICATION DATA Purposes ofpropo~ activity: Re.nlae~mant of deteriorated asphalt pavem,~.-~ over flit with a new timber deck structure Are wetlanclz prezent within 100 feet of the propo~ed a~ivity? No ~)0( Yes Wetlands situated on Adjacent Property Doe~ the project involve excava~on or filling? No XXX Yes If Yes, how much material will be excavated? 31,0...(cubic yards) How much material will be fill~? ,, (cubic yards) Manner in which material will be removed or d~-posited: All asphalt and fdl materials removed down to a level below the exisfmg b~am 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 ifil has deteriorated to a point whereas safe access is no longer provJde~ permanent manner. Duc to the aboves as part of the proposed timber decking work, the area having the asphalt pavement replaced by a timber deck structure will have al1 asphalt, and site and disposed of at approved upland sites. Approximately 31.0 cubic yards of material is ~'~ficipated"t~ be removed and disposed oi- at approval upland dksp~a-T~es. The removal of ' will prevent it from C~u$in_e future dcteriornV~on of the adjacent wetlands and shoreline, PROJECT ID NUMBER 617.2o SEQR APPENDIX C SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only Orient Wharf Company Modifications to Orient Wharf Orient, Town of Southold co,~ Suffolk 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) 5.1~ PROPOSED ACTION: [] New r~Expansion [~Modh3ca~o~lalterafion 6. DESCRIBE PROJECT BPJEFLY: Existing asphalt vehicle and access pavingI ......... ,= w~.a~ to be replaced with a new timber deck structure as per Engineer's. The existh~g asphalt pavement and supporting fil! has deteriorated .to a point whereas safe.~eeess is no longer .~ as part of the proposed timber decking work, the area having the asphalt pavement replacea Dy a timber deck structure will have aH asphalt, and fill materials removed down to a level below the existing beam pockets; and then removed from the site and disposed of at ?.AMOUNT OF LAND AFFECTED: ~r~a,y 0.011 ac,~ Di~r~ately 0.011 oc~ Project Area is +/- 476 Square Feet 18. W1LL PROPOSED ACTION COMPL'~ VVITH EXISTING ZONING OR OTHER RESTRICTIONS? [~ Resictential [~] Indust~a[ / ~] Comrne¢c~l [~Agriculture I~ park I Forest / Open Space i~ Other (desc~be) Property Classification: Social Organization; Zoning District: "M-I" Marine ~'~yes, [] No . yes. ~ age,cy r~e ar~ perm~ ,, ,ppro~: NYSDEC Permit / Approval ll. OOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~¥es [~NO ff yes. li~t agency r~me and permll I approval: [~,~, I--)No NOT APPLICABLE ' CERTIFY THAT THE INFORMATION PROVIDED ABOVE rS TRUE TO THE BEST OF MY KNOWLEDGE Co..p..y If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Town _0f Southold Erosion, Sedimen~to~-Water Run-off ASSESSMENT FORM PRO/'NKIy LOCATION: $.C.T.M. ~ THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WA¥~.~ GRADING~ DRAINAGE AND EROSION CONTROL PLAN Oist~ct ~ection Block "' Lot (,"~ ~ ;r,=u BY A DESIGN FRGF~-~SIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION a. What is the Total Ama of the Project Pamels? (Include Total Area of all Parcels located within the Scope of Work far Proposed Construction) b. What is the Total Area of Land Cleadng (S,F. t Acres) and/or Ground Disturbance for the proposed constnlction activity? PROVIDE BRIEF PROJECT DESCRIPTION General DEC SWPPP Requirements: Submission of a SWPPP Is requital for all Cortslruction activities invoMng sct~ disturbances of one (1) or more acres; including dlsturpances of less than one acre that are part of a la~ger common plan that will utilmete~y dishJrb one or more acres of land; including Construction activities involving soil dlsfofoances of leas then one (1) acre where the DEC has deturrnined Ihal a SPDE$ pen'nit Is rsquired for storm water discharges, ( SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit l'J-1~I # / WORKASSESSM~.d'~'F 1 Will this Project Retain All Storm-Water Run-Off Generated by a Two (2") inch Rainfall on Site? (Thts item will include all run-off created by site clearing and/or constmcgon activities as well as all -- Site Improvements and the permanent creation of impervious sudaces.) 2 Does the Site Plan and/or Survey Show Ail Proposed Drainage Structures Indicating Size & Location? This Item shall include all Proposed Grade Changes and Slopes Controlting Surface Water Flow. 3 Does the Site Plan and/or Survey describe the erosion and seqtment control practices that will be used to U control site erosion and storm water discharges. This item must be maintained throughout the Entire Construction Period. 4 Will this Project Require any Land Filling. Grading or Excavation where there is a change to the Natural r'~ Existing Grade Involvfng more than 200 Cubic Yards of Matedal within any Parcel? 5 Will this ApplicaUon Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand (5,000 S.F.) Square Feet of Ground Surface? 6 is there a Natural Water Course Running through the Site? Is this Project within the Trustees jurisdiction or within One Hundred (100') feet of a Wetland or Beach? 7 Will them be Site preparation on Existing Grade Slopes which Exceed Fifteen (15) feet of Vedical Rise to One Hundred (100') of Horizontal Distance? 8 Will Driveways, Parldng Areas or other Impervious Surfaces be Sloped to Direct Storm-Water Run-Off into and/or in the direction of a Town right-of-wa.y? 9 Will this Project Require the Placament of Material, Removal of Vegetation andlor the Constmctlee of any item Within the Town Right-of-Way or Road Shoulder STAqlg OF NEW YORK, COUNTY OF ........................................... SS That I .................................................... being du y swbm, deposes and says that he/she is the applicant for Permit, Name o ndNIdua s~gn ~1Documen0 And that he/she is the ............................................ ~';;:'~'r:~:'~;~;:;t[:j ................................................................ 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application fried herewith. Sworn to before me this; ............................................... day of ............................................ ,20 ..... Notary Public: .......................................................................................... (Signature of Applicant) FORM - 06/10 of Trustees Application ~ County of Suffolk State of New York BEING DULY SWOPS DEPOSES AND AFFIRMS THAT fiE/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 REPRESENTATWES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS // DAY OF /0jT/'d// ,20 ] [ / tary Public LAUREN M STANDISH Notary .P. ublic, S~te of New York ~o. 018T6164008 Qualified in Suffolk County Commission Expires April 9, 20/~_.~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a detemtinatlon 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 si..t, nificant beneficial and adverse erie. ets 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, listin~ both suooortin~ and non- suooortin~ 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.ne0, the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board ~ Planning Board ~ Building Dept. [-~ Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: t, ff O D IFICA TION$ TO Ol~ nrF I 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) Present ' . Pl~pe.rty Classification: Social Organization; Zoning District: ~'M-I" Marine zomo_g If an application for the proposed action has been fi]ed with the Tows of Southold agency, the following (a) lqamc of applicant: Orient Wharf Company 2110 Village Lane, Orient, NY 11957 (b) Marling addr~: (c) Telephone number: Area Code (). (631) 323-2580 (d) Application number, if any:. Will the action be dimly undertaken, require funding, or approval by a state or fedcu~l agency?. Yes[-~ No[~] lfyes, which state or federal agency?. NYSDEC C. Evaluate the project to the foBowing 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 wffi 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 crilerla. [~]Yes [] No [~] Not Applicable It is believed by th'e Orient Wharf Company and its consultants that the section of the W 14 structure with ~! (an approximate 17' 0" portion) that connects the main wbarf structure to the shoreline requires rehabilitation and no longer provides safe access to the wharf facility. Instead of simply replacinR the existing structure in kind, the Orient Wharf Company and its consultants recommends the replacement of the current method of access (asphalt pavement over t-dO with a new timber deck structure which connect into existing beam pockets from the original bridge structure. AUach additional shee~ ff nece~ary Policy 2. Protect and preserve historic and archaeological r~ources of the Town of Southold. See LWRP Seclion Ill - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~ Not Applicable ~Ol'l~I~ MO~IFIC~ TIOI~S TO The ~fion of the p~p~ ~ha~ m~W~bs ~hcide with ,be l~fion of ~e o~al for the. ~r b~ie s~e at ~O~nt ~a~, tbe~by ~ph~ the o~al whn~ Attach additional shee~ Jf necessary Polity 3.- Enhance visual quality a~d protect scenic resources througho-t the Town of Southold. See LWRP Section 1II - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~'~ No ~'] Not Applicable The location of the proposed wharf modifications coincide ............ '"' ;v .............. ~n ;. .... Oehevefi by the Orient V~har/Compnny ann its consuttanu mat the p~ace~nent o! t~ new timber ..... deck Stru~' will greatly ~nhauee the visual and ~enic vistas in the immediate harbor M'~a ,nd will also visually replicate the original wharf .configuration .and timber bridl~e fcatures~ therefore hLqto~e~! nsneet~ flf f)rle~t V~har4' are. l~ln~ r~4~tor~d and c~nhnne~d. Attach ~!~o~al slicers ff ntcz~smy NATURAL COASTPOLICIES Policy 4. Minimize loss of llfe, struc~res, and na~ral resources from flooding :md erosion. See LV~'RP Section I~ - Poticies Pages 8 through 16 for evaluation criteria ~-~ Yes [] No [] Not,,kpplieable The section of Ibc wooden bulkhead structure with fill that coonecU/he main wbaFf stroc~re to the shoreline has been experiencing severe ero~Son of the fill below the --aspbah Favemem and nO Jon~eF pr~v~dm sa/e ncce~ Io the wban iacunY. ]nsle~6 o~ simpby rephcmg'Tbe Aah.., ~umoum sheets it necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LW'RP Section Ell - Policies Pages 16 through 21 for evaluation criteria y. [-] otA cable The intent of the tim.her deck structure is to provide immediate and long-term safe access for vehicles and pedestrians to the Orient Wh,rf Facifity;': - ---'~ .... p-~ ..... ' be deck coMiuued~safe cement of the new tim r strum'ute a[l-o~va. ~aceess to onem wnnr~ ann au~w~ the entire wharf facility to be addressed as a unit in its future p~rmit submittals identified below. At~h nddftiona} sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and WiMlife Habitats and wetlands. See LWRP Section Ill -.Policies; Pages 22 through 32 for evaluation criteria. ~ MODIFICATIONS TO Yes blo No, _ ~pplicable The Orient Wharf Company will be submitting in the near future, separate projects to modify their Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section EEl - Policies Pages 32 through 34 for evaluation criteria. Yes [] no no, App, icable Not Applicable to PropOsed Pro~iect A~ach additional sheets ifn~c~sary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~-~ No ~ blot Applicable Not Applicable to Proposed Project PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lauds, and public resources of the Town of SOuthold. See LWRP Section 111 - Policies; Pages 38 through 46 for evaluation criteria. [] Ye.~] NO [] NOt Applicable The pier which extends into the harbor dates back tothe 1800s. The site is owned by the Orient Wharf Company, a local for profit enterprise. Orient Wharf is an active shipping pier, harbor and moori~-g facility on the north-eastera shoreline of Orient Harbor accessible off of Village Lane in Orient __XhO_ugh private.h, owned~ the wharf provides Orient residents access to Orient Harbor and adjace~,t Attach addiliona} 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 [] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island jSound, 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 IH - Policies; Pages 65 through 68 for evaluation criteria. N Yes [] No ~/Not Applicable P~PA~DBY DATE