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HomeMy WebLinkAboutTR-7584 Jill M. Doherty, President Bob Ghosio, Jr. Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ic¥;or* ~-o co~n]cmn--o~rF- % constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7584 DATE: JUNE 22~ 2011 ISSUED TO: EVAN GINIGER PROPERTY ADDRESS: 315 FLEETWOOD ROAD~ CUTCHOGUE SCTM# 137-4-14.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trnstees adopted at the meeting held on June 22 2011, and in consideration of apPlication fee in the sum of $250:00 paid by Evan Gini~er and subject to the Tern~ and COnditions as stated in the Resolution, the S°uthoid Town Board of Trnstees authorizes and permits the following: Wetland Permit to construct a 4'x41' fixed elevated catwalk supported'by six (6) 4"x4" pilings and six (6) 6"x6" pilings; 3'x15' hinged ramp; and a 6'x20* floating dock secured by two (2) 6'x6" pilings, with the condition of the use of open grate decking on the catwalk; and an inspection be performed prior to construction to verify dock location; and as depicted on the survey prepared by Nathan Taft CorWin Iii, last dated June 29,,2011, and stamped approved on July 5, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Evan Giniger, residing at 315 Fleetwood Road, Cutchogae, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released fi'om any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exelnsion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retainod indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the fight of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location Of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board ~ill be no~ihed by the Permittee of the completion oftbe work authorized. That the Permittee will obtain all other permits and consents that ma~ [~lse required supplemental to this permit, which rnay be subject to revoke upo~ ,fa~!.'~ure to obtain same. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 June 22,2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. MaE D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: EVAN GINIGER 315 FLEETWOOD ROAD, CUTCHOGUE SCTM# 137-4-14.1 Dear Mr. Ivans: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 22, 2011 regarding the above matter: WHEREAS, Suffolk environmental Consulting, Inc. on behalf of EVAN GINIGER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 14, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6, 6.3 & 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the use of thru-flow decking, shorten the catwalk, moving the structure further east where less wetland vegetation exists, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 22, 2011, at which time all interested persons were given an opPortunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of EVAN GINIGER to construct a 4'x41' fixed elevated catwalk supported by six (6) 4"x4" pilings and six (6) 6"x6" pilings; 3'x15' hinged ramp; and a 6'x20' floating dock secured by two (2) 6"x6" pilings, with the condition of the use of open grate decking on the catwalk; and an inspection be performed pdor to construction to vedfy dock location; and as depicted on the survey prepared by Nathan Taft Corwin III, last dated June 29, 2011, and stamped approved on July 5, 2011. 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: $ 847.00 Very truly yours, Jill ~/I. Doherty ~/ President, Board of Trustees JMD/eac Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: EVAN GINIGER Please be advised that your application dated September 141 2010 has been reviewed by this Board at the regular meeting of June 22, 2011 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project XX Pre-Construction - Verification of Dock Location Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) XX Final Inspection Fee ($50.00) XX Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Pre-Construction Verification of Dock Location Inspection Fee = $50.00 Final Inspection Fee - $50.00 Fixed Dock = 4'x21' = 84 sq.ft, x $3.00 per sq.ft. = $252.00 Seasonal Ramp = 3'x15' = 45 sq.ft, x $3.00 per sq.ft. = $135.00 Seasonal Floating Dock = 6'x20' = 120. sq.ft, x $3.00 per sq.ft. = $360.00 BY: Jill M. Doherty, Presideni O~ Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 13, 2010, the following recommendation was made: Moved by Jack McGreevy, seconded by Greta Schiller, it was RESOLVED to SUPPORT the Wetland Permit application of EVAN GINIGER to construct a docking facility consisting of a 4'X 46' fixed elevated catwalk supported by six (6) 4"X 4" pilings and six (6) 6"X 6" pilings; 3'X 15' hinged ramp; and 6'X 20' floating dock secured by two (2) 6"X 6" pilings. Located: 315 Fleetwood Rd., Cutchogue. SCTM#137-4-14.1 Inspected by: Jack McGreevy The CAC Supports the application with the Condition the dock and vessel do not exceed 1/3 across the width of the creek and in line with the neighboring docks. Vote of Council: Ayes: All Motion Carried Jill M Dohetcy, President James F King, Vice-Presidem Dave Bergen Bob Ghosio. Jr Johll Bredemeyer P.O Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Date/Time: Southold Town Board of Trustees Field Inspection/Worksession Report /o_1~. / ~ C 5-.~ /~'' EVAN GINIGER requests a Wetland Permit to construct a docking facility consisting of a 4'X 46' fixed elevated catwalk supported by six (6) 4"X 4" pilings and six (6) 6"X 6" pilings; 3'X 15' hinged ramp; and 6'X 20' floating dock secured by two (2) 6"X 6" pilings. Located: 315 Fleetwood Rd., Cutchogue. SCTM#137-4- 14.1 Type of area to be impacted: ~-Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: /"Wetland Coastal Erosion __Administrative__Emergency __ Amendment Pre-Submission Violation Inf9 needed: Present Were: ~/~.King r/J.Doherty___~. Bredemeyer//D. Bergen__ B.Ghosio, D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: GINIGER Property Sittlate: ~'~ 1:5 Fleetx~ood Road; £ t~tt hog-ue; I own ot Southnld, New York S('I~{ #: 1OOO 1:37 O1. Olb l (Pholo~¥ra/~/t la~en On ,'lu~ws'l :~ L, 20 l Of Photograph indicating the staked out location of the landward terminus of the proposed catwalk at the landward edge of the tidal wetlands boundary (yellow arrows), and the staked out location of where the proposed catwalk crosses the low marsh (blue arrows). Photograph taken fi'om the northern section of subject property, facing northwest, overlooking Fleet's Cove. GINIGER Property Situate: 3 15 l?leet~ood Hoad ('utchog'ue Toxxn of Southold, New York 1, ~ 0 t, 0 1 f. I I overlooking Fleet's Cove. Photograph indicating the staked out location of where the proposed catwalk crosses the Iow marsh ~ (blue arrows. Photograph taken t¥om the northern section of subject property, facing northwest, GINIGER Property Situate: 3~ I,~ Fleemood l~oad: (?utchog'ue; To~n of'Southold, Ne~ York S(?']'NI ~et: i00o 137 ot. o I1~.1 Photograph indicating the staked out location of the landward terminus of the proposed catwalk at the landward edge of the tidal wetlands boundary (yellow arrows), and the staked out location of where the proposed catwalk crosses the Iow marsh (blue arrows). Photograph taken fi*om the shoreline of subject property, facing south, towards the existing dwelling. GINIGER Property Situate: ~ 1 '5 Fleet¥~ oo t Road', C~tch ~g'ue; Town of S(mthold, Ne~,~ ~ York S( i ~ 1000 137 Ot,--Ol~,l PROPOSED Xerox WorkCentre 7428 Banner Sheet User Name: Matt Matt Job Name: Start Page Microsoft Word - Giniger 9-2-10 COUNTY OF SUFFOLK (~) I ~1 ~ I~ ' SOUIHDLD 137 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 22, 2011 Re: Proposed Wetland Permit for EVAN GINIGER SCTM#1000-137-4-14.1 The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. Suffolk Environmental Consulting, Inc. on behalf of EVAN GINIGER requests a Wetland Permit to construct a 4'X 46' fixed elevated catwalk supported by six (6) 4"X 4" pilings and six (6) 6"X 6" pilings; 3'X 15' hinged ramp; and a 6'× 20' floating dock secured by two (2) 6"X 6" pilings. Located: 315 Fleetwood Rd., Cutchogue. SCTM#137-4-14.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the LWRP and listed policy standards provided below. pth I Bottom scarrin( Dock location Figure 1. Subject parcel showing frequent and repeatable bottom scaring and Iow water depth. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal an(; freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. Based upon aerial photos the location of the dock is proposed in an unmarked, shallow channel. The area appears to contain iow water depth and frequent bottom scarinq by vessels naviqatinq the area. It is recommended that the Board assess the dock len,qth with a vessel and determine of the proposed dock complies with the I/3 rule. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; See above comment. T [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non-disturbance buffers. It is recommended that in the event the action is approved, a significant non-disturbance buffer encompassing the wetland vegetation be established to mitiqate the local impacts from the dock structure. [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; In the event that the action is approved, it is recommended that .qrid deckinq is required over areas containinq wetland vegetation to minimize shadinq of existinq wetland ve.qetation. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and The construction method has not been identified. § 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate proiect area. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The construction of a dock structure on public underwater lands would result in a net decrease of public use of such lands. Pursuant to Chapter 268. the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only __Coastal Erosion Permit Application X Wetland Permit Application .Amendment/Tra~sfer~xtension Received Application: ~]1~]10 Received Fee:$ ~"~q~t i,"" Completed Application: __ Incomplete: __ SEQRA Classification: Type 1. Type II Unlisted_ __ Coordination(date sent) '~'-LWRP Consistency Assessment Form: ~OJ[[[O ~ CAC Referral Sent: 10[ ~ Date oflnspection: IOllC3, __ Receipt of CAC Report: __ Lead Agency Determination Technical Review: ~.~' -Public Hearing Held: lO [~0 [10 Resolution: ~'~ 0 ~'~ 13 ~;~ ' Administrative Permit Name of Applicant EVAN GINIGER Address Suffolk County Tax Map Number: Property Location: 205 West 76th Street; Apt. PH3D; New York, NY 10023 Phone Number: (212) 209 ~ 1175 1000 - 137 - 04 - 014.1 315 Fleetwood Road; Cutchogue; Town of Southold, NY (provide LILCO Pole #, distance to cross streets, and location) AGENT: MATT D. IVANS t~ Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box 2003; Bridgehampton, NY 11932 Phone: (631) 537 - 5160 Board of Trustees Application GENERAL DATA Land Area (in square feet): 24, 944 square feet ± Area Zoning: R-40 Previous use of property: Intended use of property: Residential. Residential with proposed docking facility. Covenants and Restrictions: Yes X No If "Yes", please provide a copy. Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Applicant wishes to obtain a wetlands permit for construction of a docking facility, comprised of a FIXED ELEVATED CATWALK, a HINGED RAMP and a FLOATING DOCK offthe northern shoreline of subject property. Please refer to the attached plans for all project specifications. Board of Trustees Application County of Suffolk State of New York BRUCE A. ANDERSON - Suffolk Environ. Consulting~ Inc. BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE 1N 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 HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. 1N COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(SO, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH ~EW oF T~APP77ON. / Signature SWORN TO BEFORE ME THIS /~"-/~ DAY OF~, 20/O /I~otary Public M~tth~w D Iv~ns Nnt~r, ~ J);;c c,' ~,¢' York N 01 OLialifi6d ir' St;%lk County Commission Expires January 22, 20 [[ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, EVAN GINIGER residing at (print owner of property) do hereby authorize New York, NY Consultinq, Inc. Southo]d Board of Town Trustees on my behalf. 205 West 76th Street - Apt. PH3D (mailing address) Suffolk Environmental (Agent) to apply for permit(s) from the Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? How much material will be filled? Manner in which material will be removed or deposited: (cubic yards) (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Applicant wishes to obtain a wetlands permit for construction of a docking facility_ comprised of a FIXED ELEVATED CATWALK, a HINGED RAMP and a FLOATING DOCK off the northern shoreline of subject property. Please refer to the attached plans for all project specifications. Area of wetlands on lot: 2, 000 ± Percent coverage of lot: 8.0 ± square feet % Closest distance between nearest existing structures and upland edge of wetlands: 0.0 feet (expiring wood ramp) Closest distance between nearest proposed structures and upland edge of wetlands: 0.0' + feet (proposed new dock) Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? 0.0 How much material will be filled? 0.0 Manner in which material will be removed or deposited: (cubic yards) (cubic yards) Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): No impact to the wetlands are anticipated due to the project meeting all typical environmental regulatory requirements (i.e., elevation over wetlands; adequate water depth; use of non-treated materials). Additionally, review of the surrounding shoreline indicates a substantial number of existing dock structures that have existed harmoniously within this creek without any discernible impact to the surrounding environment. 14-16-4 (9/95)-Text 12 PROJECTI.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART 1- PROJECT INFORMATION (To be completed by, 1. APPLICANT/SPONSOR Suffolk Environmental Consultinl~, Inc. 3. PROJECT LOCATION: Municipality Town of Southo]d ~pplicant or Prdject sponsor) 2. PROJECT NAME GINIGER Property County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmanks, etc. or provide map) 315 Fleetwood Road; Cutchogue; Town of Southold, New York (SCTM #: 1000-137-04-014.1) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration fi. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a docking assembly offthe northern shoreline of subject property in order to provide access onto the contiguous waterways. Please refer to the attached prqiex:t plans tbr all specifications. 7. AMOUNT OF LAND EFFECTED: Initially 0.1acres Ultimately 0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential []Industrial r-]Commercial E]Agdculture []Park/Forest/Open space []Other Describe: Single family residential dwellings with related appurtenances, including dock structures. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No If yes, list agency(s) and permit/approvals Army Corps of Engineers General Authorization; New York State Department of State General Concurrence; New York State Department of Environmental Conservation Tidal Wetlands Permit. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam~ Matt~olk Environmental Consulting, Inc. Date: Signature: Auqust 30, 2010 If the action is in the Coastal Ama, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART ti- ENVIRONMENTAL ASSESSMENT (To be completed by A~lencT) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? use the FULL EAF. [] Yes [] No If yes, coordinate the review pm(ess and B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [] Yes [] No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwritten, if legible) C1. Existing air quality, sudace or groundwater quality, noise levels, existing traffic pat~ms, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeolegical, historical or other natural or cultural resources; or community or neighborhood character? Explain brielty: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain bdefly: C5. Growth, subsequent development, or ralated activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulat'we, or other effects not identified in C1 -C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? []Yes [:]No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If yes, explain briefly PART ltl - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. u~oan or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or refemn(e supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part It was checked yes, the detem~ination and significance must evaluate the potential impact of the proposed actlen on the envirenmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then pm(eed dimctiy to the FULL FAF and/or prapam a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any suppo~ng documentation, that the proposed action WILL NOT result in any significant adverse envimnmentel impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer sig, of Re.po..ible o ;r i; Le ed .ecy offi Title of Responsible Officer Signature of Preparer (if different From responsible Date Suffolk Environmental Consulting, Inc. Newman Village. Suite E. 2322 Main Street. P.O. Box 2003, Bridgehampton. New' York 11932-2003 (631) 537-5160 Fax: (631) 537 5291 Bruce Anderson, M.S.. President October 8, 2010 Ms. Lauren Standish, Trustees Secretary Southold Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re.' Situate: SCTM #: GIN1GER Property 315 Fleetwood Road; Town of Southold, NY 1000 - 137 - 04 - 014.1 Dear Ms. Standish, With respect to the above referenced application, please find attached: (l) Original Affidavit of Mailing Notice (w/certified mall receipts), dated October 7, 2010. Kindly review and retain within your records. We will forward the green remm cards as soon as we get them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, ., Diane K. Wassick Encl Cc: Mr. Giniger Name: Address: Nell McCarroll Ronald & Diane Ryan David J & David Corcoran 5344 Avenue M; Brooklyn, NY 11234 1578 Oxford Road; Wantagh, NY 11793-2446 5 South Drive; Plandome, NY 11030 STATE OF NEW YORK COUNTY OF NEW YORK Diane K. Wassick residing at 2322 Nain St.; Newman Village Suite E; P.O. Box 2003; Brid~eham~ton~ NY, 11952 , being duly sworn deposes and says that on the ¥~ day of~3L~__~ , 201~ , deponent mailed a true copy of the No~ice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Brid~eham~ton , that said Notices were mailed to each of said persons by (certified) (regi/~tered) mail. Sworn to before me this day of C.~ /_ , _201/ Matthew D, Wans NOt,r!r ?IbC ol New York (}Uali~i~d in SLJ~o;k Courlty 6ommissio,~ ~xp~es January 22, 20 m Poatage 133 $ Certified Fee r--~ Return Receipt Fee D (Endorsement Required) (Endorsement Required) r-'l Total Postage & Fees m $2.85 $2.30 $ Postmark JU# "~'201 m Postage ~). [~t .~,.. $2,85 J~lt~°9 ~11 $0.00 Name: Address: Neil McCarroll Ronald & Diane Ryan David J & David Corcoran 5344 Avenue M; Brooklyn, NY 11234 1578 Oxford Road; Wantagh, NY 11793-2446 5 South Drive; Plandome, NY 11030 STATE OF NEW YORK COUNTY OF NEW YORK Diane K. Wassick residing at 2322 Main St.; New~-n Village Suite E; P.O. Box 2003; Brid~eham~tonr NY 11932 , being duly sworn deposes and says that on the ~ day of ~)~4 , 2010 , deponent mailed a true copy of the Notice set ~o~{h in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Brid~eham~ton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ',4%ot ary Public Con ml~s, r [:,,ul t,.- .~ :,,: ~2, 20'~~. EZ3 {Endorsemer)t Required) i'--i Total Postage & Fees '{0.61 $2.30 ~5.71 PROOF OF M~ILING OF NOTICE ATTACH CERTIFIED M~IL RECEIPTS Name: Address: STATE OF NEW YORK } } COUNTY OF SUFFOLK } Diane K. Wassick c/o Suffolk Environmental Consulting, Inc., residing at 2322 Main St.; Newman Village Suite E; P.O. Box 2003; Bridgehampton, NY 11932 , being duly sworn deposes and says that on the day of , 2010, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 2010 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not lo~xtted within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of 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# 137 04 014.1 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 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, approval, license, certification: Nature and extent of action: Applicant proposes to construct a docking facility off the northern section of sub,iect property and the shoreline of Fieet's Cove/Eugene's Creek. Attach additional sheets if necessary Location of action: Site acreage: 315 Fleetwood Road; Cutchogue; Town of Southold, NY 0.573 acre -+ Present land use: Improved w/single family dwelling and related appurtenances. Present zoning classification: R - 40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Evan Giniger (b) Mailing address: 205 West 76th Street; Apt. PH3D; New York~ NY 10023 (c) Telephone number: Area Code ( 212 ) 209 - 1175 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? 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 II1 - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Subject orooosal is consistent with the policy in that the sitinq and utilization of the proposed dock assembly will maintain the character of the surrounding neighborhood, which currently consists of many similarly-improved residential lots with similar accessory structures (i.e. dock assemblies alonq Fleet's Cove). In addition, subject ~rol~osal will be in harmony with the "...beneficial use of a coastal location..." in that the legally created residential waterfront (i.e. coastal) lot will be enhanced by the inclusion of the orooosed dock assembly in order to access tho contiguous surface waters. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that it will have no impact to any potential historic and/or archaeological resources within the surrounding area. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surroundinq area in that the surrounding area is currentlv comorised of oroperties improved with similar apourtenances [i.e. dock assemblies) of e~]ual, if not (]reater. size and scope. Scenic resources, assumedlv views of Fleet's Cove and Euoene's Creek. are not at risk due to the proposed dock assembly being typical of the character of this section of waterfront. Accordingly, this proposal will comply with Policy 3. Attach additional sheels il' 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 [] Not Applicable Subject proposal will fully comply with Policy 4 in that the proposed dock assembly is designed to be comparable in design and scope as that of the surroundino dock assemblies, which have not resulted in loss of life. structures, and natural resources within this area. Accordingly, this orooosal will comolv with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject oroposal is not aoolicable to this policy in that it will have no effect to the water quality/supply within the surroundinq area. 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 [] Yes [] No [] Not Applicable Subiect I~roposal will maintain the guality of the surrounding ecosystem in that the proposal is typical of this section of Fleet's Cove, which has not resulted in significant effects to the surrounding ecosystem. Accordinqly, this proposal will comply with Policy 6. Attach additional sheets il' necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal is simolv to imorove subject orooertv with a dock assembly which will not result in any form of adverse effects to air auality. Accordingly. this I~ro~osal is not aoolicable with this policy. Attach additional sheets il' necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the orooosal does not involve disoosal and/or transoortation of solid waste. hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable subiect orooosal is not aoolicable to this ~olicv in that the orooosal is attendant to a orivate dwellino. Reoardless. this oroiect will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is applicable in that a water-dependent use (i.e. access to surface waters; boating) is being sited onto a waterfront parcel, however, with regards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involving only a private dockinq assembly. Atlach 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve aqricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal aoricultural production, etc...) Attach addilional 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 [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve the conservation of enerov resources on a commercial level and/or the promotion of alternative enerov sources. ~ro~er maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets il' necessary Created on 5/25/05 l l:20 AM Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street. P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537 5160 Fax: (631) 537 5291 Bruce Anderson, M.S.. President September 15, 2010 Ms. Jill Doherty, Chairwoman Board of Trustees Town Hall P.O. Box 1179 Sonthold, NY 11971 HAND DELIVERED ,;[':'i SEP ]4 20]0 ILL?I Re: Situate: SCTM #: GINIGER Property $15 Fleetwood Road; Town of Southold, NY IOOO- 137- O'~ - O14..1 Dear Ms. Doherty, This Firm represents Mr. Evan Giniger, owner of the property refbrenced above, who is seeking all required regulatory approval to construct a docking assembly along the northern shoreline thereon. Consequently, approval from your Board is required. Please find enclosed herewith for your review: (1) Town of Southold Trustees Wetlands Permit Application (original and t~vo ~2~ copies); (2) Short Environmental Assessment Form (original and two ['2~ copies); Local Waterfront Revitalization Program application (original and two ~2-] copies); (4) Location Map for reference (three (S~ copies); (5) Photographs of subject property, indicating the conditions thereon, as well as the staked location of the proposed dock assembly (three ~ sets); (6) Proposed Plans, prepared by Suffolk Environmental Consulting, Inc., dated September iS, 2O 10, indicating all project specifications (three ['S'] sets); (7) Survey of subject property, prepared by NATHAN TAFT CORWIN, HI, L.S., last dated September 5, eO 10, indicating the conditions thereon (three FS~ prints); and Hammarth/ 2 (8) Check made payable to the Town of Southold in the amount of $~5o.oo covering the requisite application fee. By way of this correspondence, and on behalf of the Mr. Giniger, I request that you commence review of this application and schedule before the next available Trustees Board meeting ibr discussion and subsequent permit issuance. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans enc. cc: E. Giniger cO S 39.76' p/o LOT 6 36 x 29.74' E S 8.54' o \ o p/o LOT 4 SURVEY OF & EASTERLY i/2 OF LOT6 MAP OF FLEETWOOD COVE FILE No. 1283 FILED JULY 1, 1938 SITUA T~ CUTCI-IOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-137-04-14.1 SCALE 1"=30' FEBRUARY 12, 2009 SEPTEMBER 3, 2010 REVISE PROP. DOCK DECEMBER 20, 2010 UPDATE SURVEY APRIL 15, 2011 ADDED WATER DEPTHS JUNE 29, 2011 REVISED PROPOSED DOCK AREA 24,585 sq. ff, (TO TIE LINE) 0.564 ac. 0 WNER/APPLICANT. EVAN GINIGER 305 EAST 91s~ STREET NEW YORK, NEW YORK 10128 NOTES 1. ELEVATIONS REFERENCED TO N.A.V.D. 1988 DATUM. EXISTING ELEVATIONS ARE SHOWN THUS: ×~J~ EXISTING CONTOUR LINES ARE SHOWN THUS: ---- 5--- - PROPOSED ELEVATIONS ARE SHOWN THUS: PROPOSED CONTOUR LINES ARE SHOWN THUS: 2. FLOOD ZONE INFORMATION TAKEN FROM; FLOOD INSURANCE RATE MAP No. 56105C0164H ZONE AR' BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS OF 02% ANNUAL CHANCE FLOOD, AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD TEST HOLE DATA (TEST HOlE DUD BY NATHAN CORWIN LS APRIL15, 2011) ELEV 4g TIE = 274,83' 10' , .... H OF ,.OUJrIOLD JUN 3 0 2011 PREPARED IN STANDARDS Nathan Taft Corwin III Land Surveyor Sucmessor TO, SWnley J Joseph A PHONE (631)727-2090 Fox (631)727 1727