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HomeMy WebLinkAbout2011 Air, Clare & David;Frost, Timothy;Minichini, Margaret � 0 j _ e ,I••,os®SVFfO(it;e; ELIZABETH A.NEVILLE,MMC �� G.y Town Hall,53095 Main Road TOWN CLERK .'. P.O.Box 1179 Z Southold,New York 11971 • REGISTRAR OF VITAL STATISTICS : *.�� Fax(631)765-6145 MARRIAGE OFFICER 'J' !/ RECORDS OF MANAGEMENT OFFICER re( , *a"I Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER ��� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 23, 2012 Attention: Beth Spiess Esseks, Hefter,Angel LLP Counselors At Law 108 East Main Street Riverhead, New York 11901 Dear Ms.Spiess, In accorandance with our telephone conversation yesterday, I am returning the undeposited checks with regard to the Coastal Erosion Appeal of Orient Wharf Company/David Air&Clare Frost. As discussed, preliminary applications and fees which have not yet been approved for acceptance by the town are kept in the Town Clerk safe. It was anoversightthat they were not deposited when the appeal went forward. The Town did incur substantial costs for pubication of legal notices, preparation of hearing transcripts,and review by town personnel in the Town Attorney Office, Town Trustees Office and Town Clerk Office. The replacement of both of these checks by your office will be greatly appreciated. Very truly yours, U . anzestz:azi Eli: eth A. Neville Southold Town Clerk Enclosures(2) checks ,, 11971 ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER (631) 369-2065 P. 0. Box 570 WILLIAM POWER MALONEY WATER MILL, N.Y. 11976 CARMELA M. DI TALIA (631) 726-6633 ANTHONY C. PASCA NICA B. STRUNK THEODORE 0. SKLAR July 6, 2011 NANCY SILVERMAN LISA J. Ross RECEIVED MELISSA H. SIDOR Hand Delivered wf��o oa ch�eck � JUL 6 2011 Elizabeth A. Neville, Southold Town Clerk c'rya y� Southold Town Clerk's Office a hold Town Clerk 53095 Route 25 Southold,NY 11971 Re: Appeal to Coastal Erosion Hazard Board of Review Dear Mrs. Neville: We are filing an appeal on behalf of Clare and David Air, Timothy Frost, and Margaret Minichini from an April 13, 2011 CEHA permit to the Town Board, in its capacity as the Coastal Erosion Hazard Board of Review. Accordingly, enclosed please find eight(8) copies of the application form, together with the following documents for the Town Board's review: 1. Application form dated July 6, 2011; 2. Transactional Disclosure Forms (2); 3. Addendum; 4. Board of Trustees April 13, 2011 CEHA permit(Exhibit A); and 5. Board of Trustees Application Record(Exhibit B). We are also enclosing a check in the amount of$250.00 as the filing fee for the application. Please let me know if the Town Board requires any additional information or application materials. Very trul, o s, ordrr /bws joy Ar Enclosures Antho . Pasca TOWN OF SOUTHOLD APPLICATION FOR APPEAL TO THE COASTAL EROSION HAZARD BOARD OF REVIEW DATE July 6, 2011 NAME OF APPLICANT: David Air, Clare Air, Timothy Frost and Margaret Minichini* ADDRESS: 2072 Village Lane and 2190 Village Lane, Orient, NY* DATE OF DECISION APPEALED FROM April 13, 2011 SPECIFIC CHAPTER/SECTION INVOLVEDSections 111-6, 111-9, 111-15 THE ALLEGED ERRORS IN THE DETERMINATION ARE:Failing to require: (1) a Coastal Erosion Management Permit for the as-built replacement of the asphalt surface of a 17-foot section of an existing wharf with an independently-supported timber bridge; and (2) the Orient Whart Company to maintain the bulkheads and fill under the nea** INTERPRETATION THAT IS CLAIMED TO BE CORRECT: N/A RELIEF SOUGHT:Requiring a Coastal Erosion Management Permit imposing appropriate conditions to ensure the maintenance of the till and bulkheads under the new timber bridge. * *See Addendum for additional information. **timber bridge, which will inevitably fail and lead to severe erosion of the beach and wetlands adjoining the wharf.* *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT ' .'S MUST BE ATTACHED TO THIS APPEAL ars SIGNAT IrOF APPLICANT Anthony C. Pasca, As Attorney for David Air and Clare Air APPLICANTYAGENT/IREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is toprovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Air, David and Air, Clare (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion XXX Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO XXX If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate fine A)through D)-andlor describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP `i Submitted this i Clay of Serbmnl 20a10 Signature i "y{ / ,,\ ,r Print Name. Form TS I Sep 15 10 09:58a Frost 16172169400 p.2 APPLICANT/AGENT/REPRESENTATIVE TRANSAC.LIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to Provide information which can alert the town of possible conflicts of interest and allow it to Lake whatever action is necessary to avoid same, YOUR NAME: Frost, Tinothy and Mini.chini, Margaret (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee XXX Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest"Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO XXX u If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this f J day . eptt3nb-.. 2110 Signsaartf Print Name r Porn TSI ;.,.. a �L I \ro f V Y I Jv (i' On Aloft' hen\ ADDENDUM Coastal Erosion Hazard Board of Review (Town Board) Appeal of Trustees' April 13, 2011 determination not to require a Coastal Erosion Hazard Area Permit for the as-built timber bridge installed by the Orient Wharf Company I. Appellants and Subject Property/Owner The Appellants on this appeal are: A. David and Clare Air, as owners of the property immediately to the north of the wharf property that is the subject of this appeal. The Air property is located at 2072 Village Lane (SCTM #1000-24-2-27). B. Timothy Frost and Margaret Minichini, as owners of the property immediately to the south of the wharf property that is the subject of this appeal. The Frost/Minichini property is located at 2190 Village Lane (SCTM#1000.26.1.1.1). Appellants were not the applicants with respect to the subject permit being challenged on this appeal. Rather, this appeal involves a parcel of property claimed to be owned, controlled, or used by the Orient Wharf Company, which was the applicant before the Trustees. The Orient Wharf Company's property is improved as a wharf and marina, with associated docks and structures. The wharf property is located at 2110 Village Lane (SCTM#1000-24-2-28.1). Although not the permit holder or owner of the subject wharf, appellants have standing to bring this appeal because they are aggrieved by the Trustees' determination at issue. As the owners of the two properties on both sides of the subject wharf— including on both sides of the particular area of the wharf that is the subject of the permit application — and as the parties entitled to notice of the application before the Trustees, Appellants have presumptive standing under New York law. Moreover, as described below, they are aggrieved in fact, in a manner different than that from the public at large, due to the potential catastrophic damage that will be caused to their properties if a Coastal Erosion Hazard permit is not required as requested herein. II. April 13, 2011 Decision Appealed From This appeal seeks a reversal of the Trustees' decision that a Coastal Erosion Hazard Permit is not required for the as-built construction of a timber bridge over an existing wharf and seeks the issuance of a Coastal Erosion Hazard Permit requiring the applicant to maintain the bulkheads and fill beneath the new timber deck. A copy of the Trustees' decision is annexed hereto as Exhibit A. By not requiring a Coastal Erosion Hazard Permit for the as-built timber deck constructed by the applicant or requiring the applicant to maintain the bulkheads and fill beneath the new deck, the Trustees have allowed a situation to remain which will eventually lead to the erosion of the beach and wetlands adjoining the wharf. The as-built construction of the timber deck cannot fit under the definition of"normal maintenance" set forth in section 111-6 of the Coastal Erosion Hazard Area code. Section 111-6 of the Coastal Erosion Hazard Code states, in pertinent part: "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." Here, the as-built construction of the timber deck will change the functioning of the wharf structure, from a solid-fill structure that protects the adjacent beach and wetlands, to a bridge over a 17-foot opening that will erode the existing beach and wetlands on each side of the wharf for the sole benefit of the applicant and to the detriment of the applicants. Even accepting for the sake of argument the Trustees' determination that timber is the "same-kind" protective coating as asphalt (because it is environmentally preferable), the construction of an independently-supported timber bridge in the place of an asphalt coating over fill and bulkheads is a change in the design of the wharf structure, not "normal maintenance." That the applicant was seeking to modify the design of the wharf, and not to just perform normal maintenance, is clear in its application to the Trustees, wherein it states that the new design replicated "the original wharf configuration and timber bridge features, historical aspects of Orient Wharf..." See Exhibit B, Board of Trustees Application, "Proposed Modifications to Orient Wharf," Policy 2. Legal analysis submitted by Es> efter & Angel, LLP by A/ii . A ny C. Pasca A orneys for Appellants 108 East Main Street PO Box 279 Riverhead, NY 11901 631-369-1700 EXHIBIT A • elf*of SOU 411) Jill M.Doherty,President �i O4 ryii e Town Hall Annex Bob Ghosio,Jr.,Vice-President , 54375 Main Road James F. King i 'af J� P.O-Box 1179 Southold,New York 11971-0959 Dave Bergen G Q 1i Sohn Bredemeyer _ p Ap®� Tele-hone(631) 765-1892 �� �` .' Fax(631) 765-6641 _ Q � 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: Norma!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. .'"""` 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 Boarceeting 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. 62.4,14Q144.114# 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 4 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 fmds 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 111 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. o 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. 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 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 4110 bulkhead and that the OWC made no indication that they were going to maintain the bulkhead. Mr. Pm 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 4 0 N. 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: I. The revised proposal,as applied for,complied with the standards set forth in Chapter 275 and Chapter 111 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 I,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"f hjear 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 S 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 f 0 Jill M.Doherty,President ,,el o f SOOT Town Hall Annex ����� y� 54375 Main Road James F.King,Vice-President �� Co.� P.O.Box 1179 Dave Bergen * * l Southold,New York 11971-0959 Bob Ghosio,Jr. en be et, G. p_ �p� ,,, Telephone(631) 765-1592 John Bredemeyer \.-0,4,V. ",� 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 #24-2-28.1 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 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. thorized Signatur sv�roL s' :tin To Hall,53095 Main Rd. Jill M.Doherty,President , James F.King,Vice-President ; , P.O.Box 1179 Dave Bergen Fr Southold,NY 11971 Bob Ghosio,Jr. ,` Telephone(631)765-1892 John Bredemeyer -_41 4 ,'' 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 • Pm-construction, hay bale line tat day of construction 1/2 constructed / Project complete, compliance inspection. IP I_ BOARD OF SOUTTHOLD.TOWN TRUSTEES 1 SOUTHOLD,NEW YORK \--. 7 ‘ (\ '`'i! PERMIT NO.7368&7368C DATE: AUGUST 18,2010 ISSUED TO: ORIENT WHARF CO. 4 /\, .k,r"! PROPERTY ADDRESS: 2110 VILLAGE LANE, ORIENT r \1 �f , \ '_ \ ; 4y _ • Jill M.Doherty,President ,t 4 SOL/jh, _ Town Hall Annex James F.King,Vice-President , ES" O‘00 \ 54375 Main Road P.O.Box 1179 Dave Bergen * -* 1 Southold,New York 11971-0959 Bob Ghosio,Jr. ; G C �� John Bredemeyer • i® ' ,�1 Telephone (631) 765-1892 1!�}�l �, Fax(681)765-6641 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 compiles 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, titA • r . »' Jill . Doherty, Presid;nt Bo rd of Trustees JMDtlms 41. 40 Jill M.Doherty,President ' 1 S01 t� _ Town Hall Annex 0 � ry0 James F.King,Vice President /41 <0 \ 54375 Main RoadP.O.Box 1179 Dave Bergen f * -ill 1 Southold,New York 11971-0959 Bob Ghosio,Jr. '\ _ . s Telephone(631) 765-1892 John yredemeyer OCC ',� Fax(631) 765-6641 --- n .• •� 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. Jill . Doherty, Presiders BoaYd of Trustees JMD:Ims • • NEW YORK STATE DEPARIIINT OF ENVIRONMENTAL CONSERVAII 'Mr FactEli,DEC In 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 • CIO 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 5E. Latitude: 41°08'11.0" Longitude: 72°18'17.9" ProjectXocation: 2110 Village Lane Authopfzed Activity: Replace asphaltpavement covering existing 28'x 17'bulkhead structure u41 for accesgto wharf facility with timber decking.Removeg 1 cubic yards of existing fill and dispose oaf • appre:Ved upland site. Remove seaward most 20 linear feet of existing outfall pipe.A11 work to be T. completed in accordance with plans stamped "NYSDEC Approved" on 7/13/10. Permit Authorizations Tidal Wetlands-Under Article 25 1‘. Penhit II) 1-4738-03228/00002 New Permit Effective Date: 7/13/2010 Expiration Date: 7/12/2015 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon stract compliance With the ECL,all applicable regulations, and all conditions included as paiEk of this permit. ' ..i;. • Permit Administratdr:4OHN A W S I),Deputy Regi. -' Permit.Administrati Address: Aii'EC ' GION I HEAD* •RTERS cr. ONY BROOK 1 CIRCLE RD : ' 001C.,NY 11 •0-3409 Authorized Signature: .44( Date 0/12/24C1 0 "Oar Page 1 of 5 _ — - NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14738-03228 • • • • • Permit Components • . NATURAL RESOURCE PERMIT CONDTITONS • • • GENERAL CONDITIONS,APPW A JTE QRIZEYt I'S • NOTIFICATION OF 9{*,R PERMITTEE OBLIGATIONS • NATUR RESOURCE PERMIT CONDITIONS.-Apply to.tltellowiing ' Permits: TIDAL WETLANDS �. 1. R Activities Authorized By This Permit This peimitONLY authorizes those _t: atcd activiti ' structures identified under the section titled"SAP Authorized Activity".The + •. ., .t does • - . not is after-the-fact or as-built permits.This permit does not authorize activities,or legitimize`::e • e ' of strudtures,Whidh would have required a permit but-for which no permit br other , auth tion has been'granted by the Department 2. poral Locations All excavated material shall be appropriately disposed oofpaps�.pPet the project •r:: 1 . • • the approved project s! ,_ vire furtherwritten approval from the Department(permit, modificatio - 3. : 4111 • • • NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03228 9. No Dredging or Excavation No dredging,excavating mother 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 chall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. • 21. No Construction Debris in Wetlant. d:or>AiljA nt AreEaAgy debris or excess material from : construction of this project shall:be` ompletely removed from the adjadelit;area(upland)and removed to an approved upland area fordi _ sposaJ. No debris is permitted in wetlands ariillo5 protected buffer areas. • 12. Precautions Against Contamination of Waters All necessary precautions sha the taken to preclude contar�niliation of any wetland Or waterway by suspended solids,sediments,filals tsolvents, lubricants, epo ty coatings,paints,concrete,leachate or any other environmentally deleteriatts materials associated'iith the project. - 13. StateMay Require Site Restoration If upon the expiration or revocation of this permit,•the, project ereby authorized has not been completed, the applicant shall,without expense to the Stat ;,and to such`eztent.and:in such time and manner as the Department of Environmental Conservation maK_ requite,remove all or any portion of the uncompleted structure or fill,and restore the site to its ibmiar cond ion: No claim shall be made against the State of New York on account of any such removal ok. alteOtion. 14. State May Order Reoval or Alteration of Work If future operations by the State of New York require an alteratidnium the posi$on'of the structure or work herein authorized,or if,in the gpittlititarthe Departnlett`of Environmental Conservatio fit,s_hall cause unreasonable obstruction,toctll 'free navigation • • of said waters or flood flows or endanger the health;^safety or welfare of theigeiple of the State,or cat se lossjor destruction of the natural resources of the State,ttie Wfiee?-ittay`lse`ordered by the Department to remove or alter the structural work,obstructions,or hazards caused thereby without expense to the Skate, and if,upon the expiration or revocation of this permit,the structure, fill, excavation,or other modification of the watercourse hereby authorized shall not be Completed,the owners,shall,without expense,to the State,and to such extent and in such time and manner as the Department of • Enviror uerital=Conservation may require, re I ve=stl ttr titypertfotf ofthe riritelfipi'dtret tritcture&fill .and,restoreto:it-:former.condition..the navigable.atld,flood capacity of the.wafgrg41trse,:.N.o:cltim shall be made against the State of New York,on account of any such removal or alteration. 15. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by-or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes, and no claim or right to compensation shall accrue from any such damage. • • Page 3 of 5 :: R NEW YORK STATE DEPARGNT OP ENVIRONMENTAL CONSERVATI6N • c Facility DEC ID 1-4738-03228 • . • GENERAL CONDITIONS-Apply to ALL Authorized Permits: . 1. Facility Inspection by The Department The permitted site or facility;including relevant records,is subject to inspection at reasonable 115Ms; t' inters ililiy aiu author d representative of the Department of Environmental Conservatioa,(tSe bepartment):to determine whetheithmennittee is eomplying with this.permit and the ECI :such representative may order the work suspended puesuant to ECL 71-0301 and SAPA401(3). The permittee Fall provide a person to accompany the Department's representative duriuhn inspection to the permikagea when requested by the Department /e;. . • A copy ar' «'• permit,including.all referenced maps ,drawings and special conditions,must be k!ailable : . for' •=«;on by the Department at all times at the project site or facility. Failure to produce a of y'of the _ "t upon request by a Department representative is a violation of this permit . 2. ^ tionship of this Permit to Other Department Orders and Determinations •Unless expr ly pro. ed for by the Department,issuance of this perp it does not.modify,supersede or rescind any er or terminationpreviouslyissued by the Department or any of the terms,conditions or Yecuiremen . .. . 'i+oCir. 01.h'�•-K:..i'i^rtFk .V+::'Y :'ay.'acc:pS>1;1cF:WS:,YN`•+w!vryy3yh4L3EJtiV :5h}�t:c:2F:e con m suc or er or . .kyr.c9cN&w&ium d'- - 3. Applin:._'. orPermitRene' 1 '_u a. cations or Transfers: The permittee,al..:=• iia nut a ,- gin:; `.• •ten.application to the Departmeñ ermitrenewal,modification,•• , :,•' eaofthis . p,Jo"t' Such application must include any fomes or. , - ., •: • • •• A.I.e Department require.; • An,•:? -. • al,modification or transfer granted by the Department must be in writing; Submission of I app tt':'a*ons for permit renewal,modification or transfer are to be submitted to: . . Ike_ 7 • Regional Permit Adrninistrator. . .._.._ NYSDEC REGION 1 HEAD a DARTERS. ' .w.,..vs,a..,i,�:_�..e.--.-.�al ' Cat i -,,: .1 .. �.... •...'x.+ .„ ... x.: c.n:ttr, . rr..-:-��� ;. 4. Submissi of Renewal Application The permittee must submit a-renewal applicatio 'at least 30 days before perexpiration for the following permit authorizations:Tidal Wetlands; ” 5. Permit Met ifrca s,Suspensions and.Revocations by the Department %epartmenf . reserves the right to *suspend or revoke this permit. The grounds for th�caiion,suspension or . • revocation include; " a. materially false or inaccurate statements in#lie permit.applicatiori 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 . . • • ® ® NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION "ear Facility DEC 113 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. .. . • NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification .The pennittee,:,excepting state of federal agencies, expressly agrees to indemnify and hold harm*the . Department of Environmental Conservation of the State of New York,its representatives, employe& • and agents(l,DEC") for all claims,suits, actions, and damages,to the extent attributable to the, • permittee&acts or omissions in connection with the.pemiittee's undertaking of activities in connection • with, or operation and maintenance of, the facility or facilities authorized by the permit whether'in compliance or not in compliance with the terms and conditions of the permit, This indemnification does not extgd to any claims,suits,actions,or damages to the extent attributable to DEC's own negligent or mtenuohl acts or omissions orto 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 orstate.laws. •• ` • „..- Item.Bp::Pkrniittee's Contractors to Comply with Permit • The permittee is responsible for informing its independent eOntractors,..empleyees,agents and,assigns of.: • their responsibility to comply with'this permit, including all special conditions while acting as the permittee.'s agent with respect to the permitted activities,and such persons shall be subject to the same sanctionsfor violations of the Environmental Conservation Law as those prescribed for the permittee. • Item'C:Pet mittee:Responsible for;..Obtaining,Other RequiredPeemits • The permittee is responsible for obtaining.any other permits,approvals, lands,easements and rights-of- way that may be required to cant'out the activities that are authorized by flus 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 iitreal or personal property held or vested in i person nota'party to the permit. Page 5 of 5 ■ Complete kerns 1,2,and S.Also complete -x item 4 If Restricted Delivery Is desired. 0 Agent i. ; , • Print your name and address on the reverse / AV 6 Addressee --so that we can return the card to you. , :.. .r., ,A ,•,, ,,Delivery ' ORIENT MPO • Attach this card to the hack of the mail / 3 P. °� or on the front if space petmks, `"' '/ ` " f ` �`' f�. ORIENT, New York D.Isdeavety 1? 17 Yea 119571254 1. Article Addressed to: f . ire enterdstOraiy l`helaie 0 No . I 3548330957-0098 I t)(EA u: � �(j� tur{. Vt✓ 1 08/25/2010 (800)275-8777 03:52:28 PM fc Ct tcle., COAD :.. ,. Sales Receipt A Ka KJ.(h/Bfk, t " - ` Product Sale Unit Final dIIMM s seg i. Description Qty Price Price o to asui 0 Expesas O Realsewed CI Reem)Reeelptt for fdemtuncese ( S ' 13 Insured Mee O 0.0.D. TONY BROOK NY 11790 $0.44 ' 4 ResaxmdDelnrey+(Este Fee) ayes -i Zone-1 First-Class Letter 2.Article Number -- --------6 3 --- - 0.50 OZ. Article 7007 3020 0001 9504 0635 Expected Delivery: Thu 08/26/10 PS Porn 3811,r-ebmacy 2004 Domestic Return Receipt 102595' "154O Return Rcpt (Green $2.30 • _ .,-._._.-..r_C Card) 0,- t. , o Certified $2.80 c .... o p A R Label #: 70073020000195040635 to Et ? = z 1 Issue PVI: $5.54 o le m rr i Gm z l. o Total: $5.54 J � A o $ m r.---Po • 3 Paid. py: y 6 i o Cash $6.00 1 �.- r Q 5 garb Change Due: -$0.46 o _gi �`10. ji "`, t a r r . I Order stamps at USPS,com/shop or �` �►' a call 1-800 Stamp24, Go to ;� Fa.XUSPS:cola/clicknship to print m shipping labels with postage. For Aa 0wiabri1L 1--, r, ' a other information call --- .O t u 0 m . . (g i 1-800-ASK-USPS, 4 2 - l a N ; i Q ************* ********************* _ t" n ******** *****#*#***#k************* a ` n i Get your mail-when and where you to a m - want it with a secure Post Office Boz. Sign up.tora box onlineat- I =i W ° u:>os.com/Poboxes, . _. cog ************** *** t***********;r**. • • € = $ Ca '". 1. \ m " L rgBi11#:1000200826189 m m © CTerk:04 0 0 at `-� OD Eii All sales final lin stamps and postage r • a m $ Refunds for guaranteed services only �I . Thank you foryourbusiness to 3. �********************* ;<in ; HELP US SERVE YOU BFTTER • a v In Go to: c 0 https;/fRostalexperience.ccniPos 65 e g TELL US ABOUT YOUR RECENT • y P 3 • POSTAL EXPERIENCE r.#r .t RUNOFF ROW FROM • �i VILLAGE LANE i EXISTING ROAD -- - - . - - r - �-, DRAIN AP ' OVED BY \ vvv\ " f INTERCONNECTING PIPES --11/ g EXISTING ROAD DRAIN PIPES `.' • • _ra`R r1+STF•QS DRAIN DENOTES RU • FLOW },/ h ..:i:::i' sj{i:V tr.:t:e-tii: - •:1::�::•:.t s:}.:;s?:2:;�;::.:,.•:j � CONN - � ...1/4-.w.ti i••••-• r' • .•O UTFA„PIPE• I� - ;e:s:::{ .,a?;t:,.•(:i:ke7:i:;. a NOTE: rheum : : s t. { i ` ;: �' 11/J��r/,..��t .ted t { t`t `:! �h I /AO ' viii .:-:: s ' ` : it t 9 7. H ... :•••••••.w.,,-: ;::?i:a:: i:id>., • - •_ �7•.t:, .t:i-'':is ,: :::t;:::,:::q o.!y • I JDSTING FENCE .mic:x•::.41 1.Rt. ,/.:::::,.•,,,,,;tl: a:_ ,:'i"ra •:::. \ -©st.`i••:;Li-Ji}?fti titin .•cru :: i';:i 4+ •. J •.:.. .Ve:::rle.- i-tje:9). ,II:. '* ` WAR MEMORIAL .t?`•-.•••• -.... E4"W(( LAWN `(� t S=TMif-100021.1-1.1 ;:�::t:t•:;+( A�OF EXISTING .4) - •-• e:z:ig /i BEAIIfSS LAWN ::•e .:: ._F'� ' fib. `-•II'• A ANG BupiEo o rf ��.o I eAs �,ig �Ro zr it t) a •• II1J 1 31 BEACH GRASS �\fNO� \.\ • w'h'y\�\ 1�� Q ti �, ��a,�..tr .N IPE ;a yy; to .4. 0yt-: . , . '' S EXISTING BURIED pR� ' ,�10-- 3 - TOWNOUTFALL P "J r'-/ i SEAWALL i - �p�-' Bf_.._ 9TH . 1, ? -,-' -... EACTMTV DELETED a r t XS iy5 ♦ <b , • Stir ,a'+i ... / `Ewa;SA' BEACfjAR)`A "--- s"-'-- ♦ Jp BtACN AREA ^F SE�� -\�- '_-" For T� Elevatltals,other than those • �d'brm iI �' t. ADDITI�NQ.DET . ' gp1�R-- sho Project Ares;see John C. \.� 414y, A 1'9 1 .p ',� --- �:-- Ehlers Survey dated June 9,2010 _ 4._ L-1 1x' - .d-�A -- p - `rte:Zr .- - - - EIOSTINo END E t ' OtJWALI PIPE \♦ 2s'0' L- >•♦ - pRO.IECT ARF&- EXISTING ACCESS VIAASPHALT PAVEMENT OVER FILL TO BE REPLACED WITH NEW Mae .-TIMBER DECK STRUCTURE SPANNING THE Information shown on this Sketch reflects Survey - AREA SHOWN Information as prepared by John C.Ehlers,Land Surveyor, dated September 1999,Mayr2010-&-June 2010 ORIENT HARBOR ! : I EXISTING BOULDER&BULKHEAD WHARF w/ u i. FILL 8 ASPHALT SURFACE e�w L SCALE: 1"_ 30'0" k ii PROPOSED MODIFTOATIONS TO ORIENT WHARF Drawn by: wF Bundy Modification Plan .. r' Date: March 26,2010 WEB,Aug 12,2010 • Revised: May 3,2010 Orient Wharf Company, Orient New York feted O&M Pipe Modifications July 29,2010,Aug 12,2010 SCTM II: 1000-24-2-28.1 Sketch prepared by WF Bandy,East Menthes NY 11940 Ck'd by: I EXISSINGASPHALT SURFACE TO BE R • REPLACED WITHA NEW TIMBER DECK STIR v,..,J��\ SUPPORTED AT E)OSTING BEAM POCKETS AT EACH END EXISTING FILL TO BE REMOVED BETWEEN LUSTING +I-2P 0' BEAM POCKETS TO ALLOW PLACEMENT OF NEW SUWIORT BEAMS 461B'1APPROX 21 CY)8 DISPOSED OF IN ANAPPROVED UPLAND SITE EL:&e' FL:FA' EXISTING PILINGS&SHEATHING TO REMAIN EXISTING GRADE .. ^• .. " _- •. .:.....:.:.: ..i:i:::- ..;..,:.;.;.;.- • EXISTINGG Nsve nano BOULDER&BULKHEAD STRUCTURE‘ii I:...; ;; : :: : i : ::'::::::::: :::I::. •I FILL BUSTS BEYOND THE SECTION BEING • EXISTING TOWN OUTFALL PIPE TOSE REPLACED WITH NEw TIMBER DECK STRUCTURE I ' siviACTIVITY DELETEDtAN) SCALE:1'•1C0" SECTION"A99 THRU EXISTING BULKHEAD LOOKING WEST EXISTINGASPHALT SURFACE ON BOTH NEW TIMBER DECK STRUCTURE ENDS OF NEW TIMBER DECK STRUCTURE A`AL AS PER ENGINEER'S DRAWINGS TO BE PATCHED&PITCHED AS REO'D 4i STING FILL • :E"a •• a.BETNE - NG N-2rC BEAM POCKETS TO ALLOW PLACEMENT OF NEW EXISTING TOWN OUTFALL PIPE TO BE SUPPORT BEAMS 4615'(APPROX 21 CY)S DISPOSED SHOE CTIVT..Y...__.__EDmLOEO - • INAN MPR• a.UPLAND SITE. pBACTIVITY DELETED is nes FOE mai sen dee rem In to _ • _ EXISTING RUNGS&SHEATHING TO REMAIN - Ens EXISTING GRADE EXISTING GRADE EL:Is' ,y .i)I;I:i;I:I;i:ii:I:j;i;i:::I:i::::•:••:i[i; ; Iiil� j::E:i:i::`-p:!: :: M - " ' I EXISTING CONCRETE SEAWALL ATSHOREUNE Far Tap°ENvwum.ether ten Mow ' i EXISTS BEYOND THE NEW TIMBER DECK STRUCTURE atm et Propel Par sae J201 C. Ellen eery dated Jun It 2010 SCALE 1"=10.0" SECTION SIin THRU EXISTING BULKHEAD LOOKING EAST Dam b WF Bundy IMS n.ta aslron ss B SECTIONS THROUGH EXISTING BULSHEAD DateMarch MIy�o SurwWcd608epemeer tees da 92310 PROPOSED MODIFICATIONS TO ORIENT WHARF • 29 July 2010(Noted Elevations at Sections) " ". . . _.Anent Wharf Company,Orient New York 12AUS 2010(OMehed Otani!Pipe MOSINaeene& • ,1,, I_; ;• ..:SCTM M:{054242-28.1 •• Modified RB Removal to 6e ONLY at Seam Pockets) • - - _. i Ckd by Revision"B" FI-Aug 12,2010 BwM PewlmI M WF Bony,Ent Mathes NY 11940 kwdOual m eerie amPwi • / il Li g r, JUN 14 App Widh.W 11 ---;':tp -9 -.i.--1-.-�:.•t-r` -i.` %.,2 i� .1 / •e.,vi .a-- ts i i. ict N:I \.. ..Lri i t iii A n o r U u 0 p c N �p q Y ® I d ! w " d •1 • Ir -,i i lij III MA4'.IOS J , W K4 r i Z g A° 1-A 8 rroject rnotograpns PR SED MODIFICATIONS TO ORIENT W RF Orient Wharf Company,Orient New York Current Project Site Photographs: Photograph Kev Map 1 \ I A zadantolnk inziwDrtwD PwSTs A.�17ftteCO RECTw6 wN 4DfC SAN PTEs �N A. se. 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I 7 s` f `\ .':;?,�,.ti.,.I.., . i•'i:•r•iSII 1•1�., _ ---# • ,` t •oRFA � 1jm •. : I ' .'. ' . . .' . \ U ♦ �04 -.l1, % / Y t\ ,... 1. r •,WfriALL .A `• DUO'MLA 4 C i tY%. ) •�1al SLACNAAFA `• n • . B Denial t♦D F O OuTFALLPPE TF'e• P _ .t�liFA" tE Pboto F % , - rad wsrt m.o.TB•tr I PCRTION)ATOAEPIACEDTNATIR�R HflaL: BRIDGE STRUCTURE AS PER EtiGt WS lrtmsbar SawmillDeSkddt Rtemauner DRAWITIGS REPLICATMG THE CRIGII'UL ItbennIat i ptpad by Aon C.WHds.tarp WHARF CONFIGURATIDR Strvcpr,dYd xaeneta IMO ORIENT HARBOR EXISTING BOULDER 8 BULKHEAD WHARF PRELIMINARY Pp-hh•�r�1rtF�+��� 13 STRUCTURE it/FILL 8 ASPHALT SURFACE tila 'A�k4 V " 1 SCALE 7'•= 30'Cr kik.° PROPOSED MODIFICATIONS AT ORIENT WHARF Drawn by WF Bundy .PHOTOGRAERKEYILAN lDate Match ra,2010 Orient Wharf Company,Orient New York Cud by SEMI tW 102.211 0 0 u) 2 0OVJ 0 z mZ ID mmNNz Ei W CI xa WCC- 11 9! -� t an IaQ al YO 00 pa> a0 oa> Z_ wQ rO Q = eo0 W <o W 0r2 r K 5-cc >}d r> <111 >+a < ,a -Jm �► ot: 0 OW OUB oma X Z a- +a- E"� 0 z z zw 0° re z° �WQ „INN 3 1M �/-.a{ .� WU? co 00 p OV)N m0LL 0 w VD Z / o pap w 0z o 0c.0w Oa0 z WWW O 0 z W .- 1- -) LIJ F F o • maw i-� ° t �0= JWW a UO II •' O d U- XX u)W- limp CO z 0Z0 [p�� z ZZp / J , Qi_aS 1 H0 N' W in O' m J ' C-' N O 0W3 0 Y�� NV)0 w Z� < .,-. _. XXZ / ��_ w Q rN k' zo N LULU • zOa ✓ '+ \ w1xi5 • p rt comm ► • v o Fu 0 • Z E o mo...:itt:::. WWH � ■ � C if q�Qg di4 lb 1. 1 1.1 A dC c c1 It. 614 W 1§.-..:... ......- / I o W w fSr _. 'V:'_ atn-. >7ca SC I_ Z - W i 0 4 411 �� • • a . a to_ Oral �c 3 0 YCL / a WNW M CC WW 1 Y Y 0 0 °Z mO O 0 moa CD7z Ix I- mZ 0 O Lo W Z F m Y N • 2 c W m to Z 0 F"W w=r .al ti E0 Q 00W 3a ml- rn • o 1ai I'-U` X UJl)CC Z < Ora dt m IX?Z m rww WqQ row I N WI- ca W Mwm att -I 0 turn l Zx V) ¢ OW- aaa 4 u `rn a 5. t5CX 0 M m2I wCCW CC d0W E I-- ca w 0 =FF J c7 �0W <zE 0 •mc''a -a00 m Cai>0 a re tLL-I- w ? £eE coo a0W 0 it CO 0yr rina 0 emn mN j. b 0W F- Z x 7WH 0xE x c m 0 u. e--.1 m r z0cc I:. W Qm3 ZWLL w 3 '-w � `2 v "R O com N 7i 2 E-)Q .1)Ocf. a X W7 W Z- 0 I- WZ c —C dr) "0 a o X Z W C N fl t w 2 V) a t7 0 w NWa ZF3 Td m o > la °1 1x1151(1' 0 Q Z .6::§ & 00cc 0 6 x r 1- W V).,,E 411 11A•o��pF SOUjy0 • Town Hall Annex ' T 41� Telephone(631)765-1802 54375 Main Road H Fax(631)765-9502 P.O.Box 1179 ap 1�1 Southold,NY 11971-0959 �� o _ .a 1• lel C'OuNitE,�•t1 BUILDING DEPARTMENT 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. s is not a deter 'n• 'on from . t other agency. Damon Rallis Administrative Assistant Landmarks Preservation Commission • 116 P0. a- & ai, part kfq �' CEJ 1 r `i moi; 01.10 V' tO Ilya the State, of New York, •by the` • { Gra.9.e of.God-Free and Independent: To all to.whom than presents shall.tome,.Greeting;• I, Kamp Xe;._dust, pursuant to a resolution of the Commissioners.of our Land Office,for the purpose of prit muting the'Commerce of our said State,and for no other.object or purpose whatsoever, and with the reser' a cations and u on the conditions hereinafter mentioned,.7E have given, and by these es:e4, doe give unto 9� ' so- „a, `lw•t ai.r.,, iie,e. ern.r..ti.< f44 yrs.u:^, tic,-v,_,_( Zi..o.,r<.w, ry/y� � J / .'(!, , 'f'(.�rt'L�, "(e /i cA•c,c�t.t'•,.v.i'-r L.%( p-o�n� �. �r�w�.LC.L+.t.`i•/I d', 11 ` 1 ; the power and autharity.to erect any Dock or Docks that shall be neussary to promote the Cummer of our said � 1 State;upon the land wider water hereinafter described,and the authority tolcollect from persons using such Dock or Docks,reasonable and aceustamed'dockage, to be regulated by'our Legislature,to wit: CcZc cd ct/- 19994 Cel t'!n.m t /Il.'I... cc v"t /[ et-, cc.e el 'L ct.i.,cc Iw41:l i'(-61 LL^L4aN/ i / I ( : - 6"x,vt.. 0-6 ft,.tf <-f e( C&:e<r( irnc .0fyb ' tvY(,, 7 -. rd, re.w/ esu do I n l (Z Vv1a d_ L'-Lr. t l i�.�n:Li. 0-1.-t:`C.'4-tC, a 1. '1.(_t,i,L4 11-v Lc.u._GLtr•C_Guy o-eCPWI��btal,, f U f • ( �[ p f 0 , '��I ?-,cif 1)f C. Ci. it1.1t. tui C.v'7--tFit Tri•1-4 1'KG '1-1.c Wfi-,t.e..y Cev.Gliln irf 0un., �I'' i sJ 0 "J l •Ii • Fi'(AL "T't Ll.L4,. P-LA 4. tti (/rLLL..•V/ GIwLYYft G1,LL a 4-6,,,,,,..„,4.44.4.0 !('-✓i"'N 0 1 - a� /�' . Ilv )-C-L-'t-t.v�. `l L•L i.1..C. CL,e_�-i,--Cp It^tor" -r1-1.•-e. .fi-14.-1.tct.l,cc( c � 1-.ti�1.�C,Q', I1� ( " _ � - t 1.c r 7 - • ' y - ! . / t.tiG c{'o /—� �� •te ., az '0 -c•..uc.L,aw.t ;—l-t.t.., c.e._ i.C..c?'"C.c.1:-.1 -L ct.:/�.._•/ PIK., -1..„ 4L_t.ci t..c_c[ v-w., •,`c[. f� .'.; i; id/ CAT (,._-C.C,_-v-[.A..�,,I iiia{.!/— L"7-'i.t✓ly. (1 -f. -'!e //(w�G /1:2'a-G-0.....41:; .1 , • VAC r� 11.I.l l L1wl'�, .!... _ .. y1 Y� 2 is :r 1 r i;, t -1 _.—� • Excepting and reserving.to all and everythe said.People,the all and . ee riht libertyand vi e' t:Q oP f .ling. !. . . llrt it8 :�f.�` of entering upon end using all and every.part of the abacedeeeribedpremises,.in as:ample a taanner as they might {t I` t have done had this pow and authority not been.gicen,until the some shall have been actually appropriated and j`I.f I applied to the purposes of Commerce,by-erecting a Dock or Docks thereon: 9nd these'presents are upon.the q ' Pixpress Condition that if the.said I.p v,.......,°Y,rti.tn....-.7-,413a4-7 tL -l(• >.07-1,-7,1c,-,---c- fr f atr.hPa-L. 6 ...,�.e. 7.,._..a., cy,,,, k;. ai„cr.i.. 1,.. ..1,_ :4 .m.?);�z.. 4.`-64L eu:. assigns shall not within Li ' years from the:date hereof actually appropriate and apply the above desert• 1 ; • bed premises to thepurposes.of Commerce,by erecting a Door.Docks thereon and filling friths same,then these 1 E 1 ck presents and every thing herein contained shall cease,determine and become void. -In Testimony whereotr 14.•!1 • we have caused these our letters-to be made patent,and the Street Seal of our said State to be hereunto affixed r Cf: 1 linnet :' f-,,,,,,.:+17., gl,�z.0 . Governor of our State,at our city of Albany,the t':i tri-wc.f-- day of<,tt . in the year 41 our Lord one thouswtd eight hundred and 1.41,-, 1iiii't.t Peened the Seete arye Office the 1/ day of L L'(u<<.d HIT ` I ', 41 C.'/ ��-12af-t ,-✓,e-c.t. 4 .4_ c-t_ - 6V rl/c(i(cw .t ect., .,2.t�uu g ''1 I'k V Examined and tempered with the original. l{✓may i'` e - 1 1 E Chap, .347, j I • AN MIT to incorporate the Orient lVtutrf Company. ; Passed June 28. 1851. • The People of the Slate cif-Y.•w-York, reprrarnted in iSen- , ale an • d Assembly do enact.as follow:; • 1. Absalom lung, Thome(' Young, Manilla' Yonng,'na' and snob other persons as now am, or shall hereafter he assoolnnt with ILnm ns:stnokhniilcrs,pursuant to this act, namedof"7 The Wharstititted it f Our npui oy,"rfarr the encourage- . moot of'enmaunvn and navigation, 42. Said atrpnration:phalI have power to maintain mini" town ofrSouthold,Iand.countyvofatitiffuikj Oandlren lnhing 4 from the shorn flair hundred fret into the bay or harbor, with the privilege of extending said wharf any distance not exceeding live hundred feet,from bighweter mark. . 4 3. The capital stock of said company shall consist of o . four thousand dollars, and be divided Into shares of .. twenty-five dollars each,which shall be deemed personal , �'1 .,,,,,,„0. property,and tranafcrable In such mannan as Bald comps-, •• • • fly shall by law direct, , ` g4. The anneal meeting of the said corporation shall A a ... be hold at sash time and place es the directors shall da • signets,nt which, not loss than three,nor mora than five f directors shall he chosen who are rquired to he stook-I„ .. . 11 , : mucro, Ma who shell hod their:respcetive Mon for r' . >t , • . enet year, or until the next mmuul meeting; and such ' • : ' directors so chosen at any annual meeting, shall as soon .i,;: ' . 'ea may be convenient,oboose out of their own number,or FYf.; Ilam the other stockholder*,ono president,and one seen- i : . , tory and treasurer,who shell also hold their respective a •- offices for cue your, or until their next annual meeting. tonna §5. A majority of the directors shall form a board,and . , be competent to transact any business of the said corpora- tion, 4 Na.euer 4 0. When it is deemed necessary by the corporation to increase the amount of the present stook,by subscription, the board of directors shall give at least ten days'notice ' thereof, In any of the newspapers printed in the county • of Suffolk, and receive such further subsorlptions to the capital, as the said corporation shall direct; provided nevertheless, that the aggregate amount shall not exceed • six thousand dollars. . wbutt.• 4 7. The corporation shall have power to regulate the .c......_..„-.pY°'aeei lying of vessels at their wharf, and within ono hundred • Lost thereof, and to remove such vessels as are not mu- pioyod in receiving or discharging their cargoes from one • place to another within said limits. • huh,for §8. To prosecute any person having charge of n vessel • cllng cin7 lying within the above named limits who shall rerun or • nu sect to comply with the ordure of the directors,or their duly appointed agent, with regard to the removal of the vessel in their charge, and on due proof recover before any court in the county of Suffolk, having competent Ju- risdiation, the aunt of twenty-five dollars. ,v §0. To detain any vessel refusing to pay wharfage,and Mt uw.t to remove from their wharf at the expense of the owner , or owners,any articles remaining on their wharf beyond , the time limited by the directors,or in the opinion of the wharf master their remaining would damage the bridge. sou"' 410. To establish and milledsuch-rates of wharfage Whelan. for vessels,lying by or making fast to said wharf,and fur • persons landing articles on, or taking articles off said wharf, as shall seen to the directors reasonable and Just. • 0 y . 7 .1 tt¢ N O LI LI H 1t' a 8 s I@i= n 6 6 ct,O , ili -1i fyy b 9l te 3smn 8 d.= aill �i q � ff 56WPo315.ip 1� ���� fp. ;CS�ei e iv es. ,,---- ill I9 Ei1: 111 ii P4111:::-* ra���! i „, s5�F4F 3f If6 I' m ¢ IIlit iF i I s HO nil ii :'. r ;lilii II iiiiii 41 _ ii3ri 51 iF E #' gIft2F1 1L. ;ell ! ii I ii ; F .i it 1 Est ii a_ +e. ; # t it ;did= ill 4— + , ,,., , t.,. j iiiii . - [101111111111111111111. 1111. IIH1II11111 III IIIIIIIIIIII IIIII III 11/1111111 111111111 : i. EXHIBIT B ,Nn"it:_._y, „"`d''"3ur i n?` I'• ..s sing ,,-- x r r k+�'- b '`3�i F f f `' 'x n Z 1'r{rs N7-' '' :- " nary•,,1� .. > , e r_'n `,+ r x.x Xr-CI I< t Yt 's*., '"�^-F+..S, b y,itvf �t r 111 '.t"W. ` ORIENT WHARF :7 ..411:. COMPANY Post Office Box 243 Orient, New York 11957 April 10,2011 �`' L. Board of Town Trustees APR 11 2011 Town Hall Annex P.O.Box 1179 _y',,;Ti,... , 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 resubmission 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 :;rey President of e Board of Directors Orient Wharf Company , Jill M.Doherty,President 4„ %%Of SOU PI Town Hall Annex Bob Ghosio,Jr.,Vice-President / h0 4 `p 54375 Main Road P.O.Box 1179 James F.King Southold,New York 11971-0959 Dave Bergen • Telephone(631)765-1892 John Bredemeyer p 'cONfi t di� Fax(631)766-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only joastal Erosion Permit Application Wetland Permit Application Administrative Permit --Amendment/Transfer/Extension ,/RL' ,/Received Application: i 11/1 Received Fee:$ _Completed Application e L _Incomplete _SEQRA Classification: Type I Type II Unlisted APR 1 Coordination:(date sent) —CAC 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 d EI &4 I kJ n( b . Address g\. 1 I 0 V I IIlltb t Larva 111ZI�h11 / A). IIlig 57Phone Number( ) 63!' 38)• a1,LJ9)B Suffolk County Tax Map Number: 1000 - , f / ,/�(� Property Location: Ili d J; fl l�[/i LA Ne , t rzith r ��'J . i 14 b 7 g frtb N,1 ha S as rvl d &tNnBAn Lye aO)eti jj f;'i)nw lime (km (provide(provide LILCO Pole#, distance to cross streets,and location) AGENT: (If applicable) Address: Phone: B0.1 of Trustees Application. GENERAL DATA L{ Land Area(in square feet):+1— 1 a3U 3fltm t ht LUPLTWOtrYtA AIMS kyy1�' 4arutoiCj Area Zoning: 'kb Ppi'b Circ 1(;f1 i IOAI 'o Soria I012(, J i2ni UWL` 20,,nNm D,11 w 1)1-I AI WE Previous use of property: ithmaC, (o1711g,,tw A I boiK 4 OA win/A fatiIiLJ Intended use of property: riliMa('S. 1IMZIHA r►[l b L ND LH AWL t w -Mehl®to di) Covenants and Restrictions: Yes No If"Yes", please provide copy. V 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: AgencyDate <rmr1/1191/( </>I$IIP� mit M[L1 ' SDDJ.. 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: ft PV tII OILS Pala A PPilteiibi rel 44 Stlid dG9 •1O liusl66S i NJ51h 1st 1 N UTIPth a aDS Ibvf wM way/with Project Description(use attachments if necessary): = t: ' a. �� AND A(u ley//Nb ) 11 ti ( riu r4►rl�t nanf� -1'i 0 Pfln�,ou; x a`d' will bL Pi/diva/0 win A Nth/ 4'Jn4 SL,' 1tik 6rYtflhkD AS PK gm/a a)tdit& pROPSSED MODIFICATIONS TO ORIENT A'ES Location of action: 2110 Village Lane,Orient,NY 11957 Site acreage: 0.011 Acres (Project Area is+1-476 Square Feet) • pint land use: Wharf& Marina Facility(No Change in Intended Use) Property Classification:Social Organization; Zoning District uM-1^ Marine Present zoning clan dication: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information clad'be provided: (a) Name of applicant Orient Wharf Company 2110 Village Lane,Orient,NY 11957 (b) Mailing address: (c) Telephone number:Area Code( ) (631)3234580 (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 how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development See LWRP Section III-Policies; Page 2 for evaluation criteria. ]Yes LI No Not Applicable It is believed by the Orient Wharf Company and its consultants that the section of the W N Aft(• • structure with fill (an approximate 17' 0" portion) that connects the main wharf structure to the shoreline requires rehabilitation and no longer provides safe access to the wharf facility. Instead- 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 Ill-Policies Pages 3 through 6 for evaluation criteria Yes 0 No F1 Not Applicable DROPSD MODIFICATIONS TO ORIE"T WFLS The location of the propued 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 briar Inform,htctoriral ncpatcta aLOXient Wharf err bring restored and Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes ❑ No 0 Not Applicable The location of the proposed wharf modifications coincide --tion of the original luceiiun fur the timberbrtdgc structure at the Orient Windt It is Sieved by the Orient wharf-Company ana-its consultants that the placement o7 the new timber deck structure will greatly enhance the visual and scenic vistas in the immediate harbor area and will also visually replicate the original wharf configuration and timber bridge features, therefore historical aspects of Orient Whatbectiring restored and enhanced _ Attach additiwal sleets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes No C Not Applicable The section of the wooden bulkhead structure with fill that connects the main wharf structure to the shoreline has been experiencing seven erosion of the till below the asphalt pavement anc no longer prosaism-slue access to Se-wnart acuity. Instead of simply repbeingibe Atter.s aumnwat sneeta 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 E Not Applicable The intent of the timber deck structure is to provide immediate and long-term safe access for vehicles — and pedestrians to the Orient Wharf Facility;' - - ti. placement of the new timber deckstrueturesaUows:,continued:vafelaccess-:to vrtent wintry aaa scows the entire wharf facility to be addressed as a unit in ittfutere permit submittals identified below. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III —Policies; Pages 22 through 32 for evaluation criteria. D DROPllS,g°MODIFICATIONS TO ORIENT Yes No Nok_applicable The Orient Wharf Company will be submitting in the near future, separate projects to modify their I.. . .u.• , , •� - • . I • 4.� .:np of the Artnnl arbor( . 7 ... . .. . r,. . . ' i . ,. . . . ' . cif. by removing s.diment And tilt that hAa arrmmntaterlt and fn Alan inrrente the ability of turd":In intake the farilitiec without"hnttmning out" 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 n No OX 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. LI Yes ❑ No Ei Not Applicable Not Applicable to Proposed Project 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 HI—Policies; Pages 38 through 46 for evaluation criteria. ((�� S X Yen No L Not Applicable The pier which extends into the harbor dates back to the I800s. The site is owned by the Orient Wharf Company, a local for profit enterprise. Orient Wharf is an active shipping pier, harbor and mooring 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 rfustal wafers Attach additional sheets if necessary WORKING COAST POLICIES 0 • 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 0 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 C. No Not Applicable • Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No [2'Not Applicable PREPARED BY it /, (dam__.1 TITLE e/"4/4/A/J DATE 4/ // Z/1// • DBFD MODIFICATIONS TO O.RIFNT Board of Trustees Applica,ion WETLAND/TRUSTEE LANDS APPLICATION DATA The existing i ...Alstructure proposed Purpose of the .lased()mations: to be resurfaced with nev? bet dking is currently covered with asphalt pavement and is utilized for all vehicular and pedestrian access to the wharf facility. The existing asphalt pavement 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 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 feet 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 I2 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 removed emeent or t reee ect,it any,on the wetlandsdand t dal waters of the town that may result by reason n 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. !RIPEA)MODIFICATIO11STOORITNT lit�F Board of Trustees Applic. soil COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Replacement of deteriorated asphalt pavement over fill with a new timber deck structure Are wetlands present within 100 feet of the proposed activity? No XXX 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 end supporting fin 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 will have all asphalt, and fin n.. r. I I _i. I i .�.�. r- ..�_ . .. I . ;S 1 . 1 a:u- tri. . it I -n removed from the site and disposed of at approved upland sites. Approximately 31.0 cubic yards of material is anticipated to be removed and disposed of at approved upland dupos—iiTlites. The removal of the unsuitable material will prevent it from causing future deterioration of the adjacent wetlands and shoreline. • !ROAD MODIFICATIONS TO ORIFNT• PROJECT ID NUMBER 1 61720 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT 1 SPONSOR 2.PROJECT NAME Orient Wharf Company Modifications to Orient Wharf 3.PROJECT LOCATION: • • Municipality Orient,Town of Southold caumy Suffolk 4.PRECISE LOCATION: Sheet Addess and Road Intersections. Prominent landmarks etc-or Provide man 2110 Village Lane,Orient,NY 11957; 043 Miles south of Main Road (SR 25)at 2110 Village Lane within the Hamlet of Orient at Orient Harbor shoreline,Town of Southold(See Map) 5.I5 PROPOSED ACTION: 0 New n Expansion ®Modification I alteration 6.DESCRIBE PROJECT BRIEFLY: Existing asphalt vehicle and access paving to be replaced with a new timber.Bieck structure as per Engineer's. The-existing asph pavement. and supporting fill, hM:deteriorated- ;to-a point whereas safe.access is no longer P.T9.14414 . . as part of the proposed timber decking work, the area having the asphalt pavement replaced ny 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 approved upland cites 7.AMOUNT OF LAND AFFECTED: Imtiaay 0.011 avis Ultimately 0.011 acre., Project Area is+/-475 Square Feet 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes ❑ No If no,desrnbe briefly. I9�.WHAT IS PRESENT LAND USE, IN VICINITY OF PROJECT? (Choose as many as appy.) I I Residential []Indusfial 1®Commercial nAgricullure [3 Park?Forest I Open Space []Other (describe) Property Classification: Social Organization; Zoning District: "M-1" Marine 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ®Yes. D No d yes. est agency name end Penne I approvat NYSDEC Permit/Approval 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 1 1Yos Nen p yes, list agency name and permit I approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT) APPROVAL REQUIRE MODIFICATION? [)Yes 0 No NOT APPLICABLE • I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Apptirant / Sponsor N me in Ot - cell,Orient 'hall Company Date: Signature � , fi ' _. - f/4//, 1 If the action is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment III 411) der .__ Town of Southold A i. Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM •-t:. ��:/ 4",,' PROPERTY OCATION; S.C.T.M.p: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A _d-,, STORM-WATER,GRADING,DRAINAGE AND EROSION CONTROL PLAN 'serol 'sectccan dkea -'i-t CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM# / WORK ASSESSMENT YesNo a What is the Total Area of the Project Parcels? 9 MI 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? — C:1the Scope of Work for Proposed Construction) (This item wig include all run-off created by site b. What is the Total Area of Land Clearing (s.P.i we.) 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? impervious surfaces.) (S.P./Acres) PROVIDE BRIEF PROJECT DESCRIPTION (Provide AmacnnPens asNedei) 2 Does the Strue Indicating Siey ehowAtlProThis — ® Drainage Structures 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 stone 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 e — Existing Grade Involving more than 200 Cubic Yards of Material within any Parcel? 5 Will this Application Require Lend Disturbing Activities IN — 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 N — 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 soil Beach? • disturbances of one(I)or More acres Including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes are pad eta larger common plan that will ultimately disturb one or more acres of land; which Exceed Fifteen(15)feet of Vertical Rise to N — including Construction activities Involving soli disturbances of lass than one(1)acre where One Hundred(100')of Horizontal Distance? the DEC has determined that a SPDES permit is required for storm water discharges (SWPPPte Shall meet the Minimum Requirements el the SPDES General Permit 8 Will Driveways,Parking Areas or other Impervious e — for Stem.Water Discharges free Run-OffConstruction activity.Permit HGP-0.le-0o(.) Surfaces be Sloped to Direct Storm-Water Run 1.The SWPPP shag be prepared prior to the submittal of the NOI,The NOI anal be Into and/or in the direction of a Town right-of-wad submitted to the Department prior to the mrnmencement of conabuctien activity. 2.The SWPPP shag describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, required,postconsWctlon atone water management practices that Wit be used and/or Removal of Vegetation and/or the Construction of any e — constructed to reduce the pollutants at storm 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 shat Area?MM.km Mm NOT baud.ere lmbfadom ofarvewamMreaal Identify potential sources of pollution which may reasonably be expected to effect the quality of storm water&hemges NOTE: If Any Answer to Questions One through Nine Is Answered with•Check Mark 3.Al SWPPPs that require the post-oonsbuctbn storm water management practicetee Sox and Na oonseueden she disturbance is between 5,0e5S.F.St Acre In a component shag be prepared by a qualified Design Professional Licensed In New Yak -Storm-Water,Grading,Drainage 6 Erosion Control Plan Is Required by the Town of Sou that Is knowledgeable N the prindples end practices ofStarmWater Management MOTE: Muetba Submittedbr Review Prior to issuance of My Bugdkg Puma MOTE: ACheek Mark(4)salter Anwar tor each Question Is Reused fare CompiateAPpenaem STATE OF NEW YORK, COUNTY OF SS That I, being duly sworn,deposes and says that he/she is the applicant for Permit, (Name of Individual signing Document) I And that he/she is the (Owner,Contractor,Agent,Corporate Officer.etc.) Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have performed the said work and to i 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 filed herewith. Sworn to before me this; day of 20 Notary Public: (Signature of Applicant) FORM - 06/10 • Boil of Trustees Application County of Suffolk State of New York ,Nr-DA/ - , 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. SWORN TO BEFORE ME THIS 1/ DAY OF 472/! ,20 1 / LAUREN M.STANDISH Notary Public,State of New York No.O1ST61640D8 County�� rn � commission in Suffolkes uil nty 4/JAI,/ Public • Town of Southold 410 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 significant 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, listinth 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# /con - ° tIA - Art I ( n' 'r'p,� PROJECT NAME .(I0004W 111140 Ith) ONl IV ©eieNI Units F' The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑t/ 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) ❑ (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit,appxoval,license,certification: ❑ Nature and extent of action: l A Yztrt y Acptn' r /4 m-fe/L ,N/9 Acnes c /0Ayiiv5 7n • l9 / ry dpuna,✓J ,il ( pia "16in/Glie 5 0124ktiin j,