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HomeMy WebLinkAboutTR-7628 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 OFSOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7628 DATE: AUGUST24~ 2011 ISSUED TO: JAMES& PATRICE KELLY PROPERTY ADDRESS: 5710 SKUNK LANE~ CUTCHOGUE SCTM# 138-2-34 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 24. 2011, and in consideration of application fee in the sum of $250.00 paid by James &Patrice Kelly and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 3'x20' fixed dock extension to existing 3'x30'4" fixed dock and install two (2) ladders at the off-shore end; remove existing wooden decking from existing dock section and install new open grating style decking; add additional stringers as needed and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated August 25, 2011, and stamped approved on September 16, 2011. 1N 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. ~mes F. King - Nay TERMS AND CONDITIONS The Permittee James & Patrice Kelly, residing at 5710 Skunk Lane Cutchogue, 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 from 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 exclusion 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 retained 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 right 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 ohstmction 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 will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this. permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President Bob Ohosio, 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 August 24, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: JAMES & PATRICE KELLY 5710 SKUNK LANE, CUTCHOGUE SCTM# 138-2-34 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 24, 2011 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of JAMES & PATRICE KELLY 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 June 23, 2011, 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 total length of the fixed dock to be 50 feet, remove the existing decking and replace with open grating decking, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 24, 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 JAMES & PATRICE KELLY to construct a 3'x20' fixed dock extension to existing 3'x30'4" fixed dock and install two (2) ladders at the off-shore end; remove existing wooden decking from existing dock section and install new open grating style decking; add additional stringers as needed and as depicted on the site plan prepared by Costello Madne Contracting Corp., last dated August 25, 2011, and stamped approved on September 16, 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: $ 230.00 Very truly yours, Jill .~-J[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: JAMES & PATRICE KELLY Please be advised that your application dated June 23, 2011 has been reviewed by this Board at the regular meeting of August 24, 2011 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ 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: Final Inspection Fee - $50.00 3'x20'=6Osq.ft. x $3.00 per sq.ft. = $180.00 ,. 0.0o BY: Jill M. Doherty, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., July 13, 2011, the following recommendation was made: Moved by Meaghan Burke, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of JAMES & PATRICE KELLY to construct a 4'X 24' fixed dock extension to the existing 3'X 30'4" fixed dock and install two (2) ladders at the off-shore end. Located: 5710 Skunk Lane, Cutchogue. SCTM#138-2-34 Inspected by: Meaghan Burke, Peter Young, Jack McGreevy The CAC does Not Support the application, as submitted, and recommends any extension to the existing dock be no wider than 3' and only extended to a distance that is consistent with the existing pier line, and the location of the existing piling is not extended further out into the creek. Vote of Council: Ayes: All Motion Carried Jill M Dohe~1y, President Bob Ghosio, Jr. Vice-President James F King Dave Bergen Johll Bredemeyer P.O Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: '-l-13- // JAMES & PATRICE KELLY request a Wetland Permit to construct a 4'X 24' fixed dock extension to the existing 3'X 30'4" fixed dock and install two (2) ladders at the off-shore end. Located: 5710 Skunk Lane, Cutchogue. SCTM#138-2-34 ~twf area to be impacted: aterWetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland Partpf Town Code proposed work falls under: ~'hapt.275 Chapt. 111 other Type of Application: C"~Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Pr~s j/~. BrWe~r,e:Doherty ho, sio __ · re emeyer D. DzenKowsKi Form filled out in the field by L/~. King ~'Q'~. B~rgen, other Mailed/Faxed to: Date: James Kelly 45 Sterling Road, Cutchogue 4/25/11 James Kelly 45 Sterli~,g Road, Cutchogue 4/25/11 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · dE'FrIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · RO. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393 / 477-0682 · FAX (631) 477-0005 September 22, 2011 Southold Town Trustees PO Box 2124 Southold, NY 11971 ATTN:Lauren or Elizabeth RE: Kelly Property - 45 Sterling Road, Cutchogue SCTM #1000-138-2-11 Dear Lauren or Elizabeth: Enclosed you will find check #8050 in the amount of $230.00 representing the final inspection fee and the construction fee associated with the approved 3'x20' dock extension at the above- referenced property. If any additional information is needed, please do not hesitate to contact me. Sincerely, ~sffne P. Costello Permit Manager enclosure OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 JUL 1 8 20!1 S0ufl]beld Bo3rd of Trustees TO: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 18, 2011 Re: Proposed Wetland Permit for JAMES & PATRICE KELLY SCTM#1000-138-2-34 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. Costello Marine Contracting Corp. on behalf of JAMES & PATRICE KELLY requests a Wetland Permit to construct a 4'× 24' fixed dock extension to the existing 3'X 30'4" fixed dock and install two (2) ladders at the off-shore end. Located: 5710 Skunk Lane, Cutchogue. SCTM#138-2-34 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. Figure 1. Subject parcel and dock. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and 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; A net loss in public use of waterways is expected as a result of the construction of such a structure in/on public waterways.The dock extension appears to extend seaward of the existin.q dock line. [5] Whether the dock will cause degradation of surface water quality and natural resources; As indicated above, 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. It is recommended that the Board assess the proposed action to the below dock structure Best Mana.qement Practices. The mean water depths reference -2.5 feet at the dock terminus in one location, however, the surroundinq water depths are less. What is the expected draft of a vessel moored at the proposed dock? Insufficient water depths could result in bottom scarrinq and loss in marine species. [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. [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; There is a hi.qh probability that commercially valuable shellfish species occur in the proposed location of the dock structure. The introduction of a dock structure (piles) will result in a net loss of shellfish species. [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 project 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. The answer to this question has not been provided. 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. A. 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 placement of a private residential dock structure in public trust lands and/or waters results in a net loss of public use of such lands and waters. 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 _w~. AWetland Permit Application Administrative Permit mendment/Fransf~r/Ext~nsion _~Rece~ved Application:~ ~eived Fee:$,,~ e;-Oe-'~ , __Completed Applic~tion~ __Incomplete ~SEQRA Classification: Type I Type I1 Unlisted __Coordination:(date sent) ,~'LWRP Consistency a.ss~slinent Form O///# ~""~AC Referral Sent: ~ l/l/I. ' ~--"bate of ~n spec ti o n :~q_~/,_'{,~/~ __Receipt of CAC Report.* ~ Agency Determination: Technical Review: ~-~t~ic Hearing Held.'~~ ~_Resolution: · - ' JUN 2 3 20i/ Southh01rl t0wn Board 0l Trustees Name of Applicant JAMES & PATRICE KELLY Address 10 ROY AVENUE, JERICHO, NY 11753 Phone Number:( ) 631.962.1973 Suffolk County Tax Map Number: 1000 - 138-2-34 Property Location: 5710 SKUNK LANE, CUTCHOGUE (provide LILCO Pole #, distance to cross streets, and location) AGENT: COSTELLO MARINE CONTRACTING CORP. (If applicable) Address: PO BOX 2124, GREENPORT, NY 11944 Phone: 631.477.1199 of Trustees Al~plication0 GENERAL DATA Land Area (in square feet): 625 SQUARE FEET Area Zoning: R-40 RESIDENTIAL LOW DENSITY AA Previous use of property: WATERFRONT ACCESS Intended use of property: SAME Covenants and Restrictions: Yes X No If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ l f"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes X No __ 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): Construct 4'x24' fixed dock extension to existing 3'x30'4" fixed dock. Install two ladders at offshore end. ~rd of Trustees Application0 WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Extend existing dock in order to reach adaquent water to service a small boat. Area of wetlands on lot: 625 square feet Percent coverage of lot: 100 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A 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): All work will be performed seaward of the existing vegetation, so our project should have no effect on the wetlands. The proposal is consistant with the neighboring docks and will not impede navigation. 617.20 Appendix C. State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~p!!cn-~t or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME JAMES & PATRIC,~ KELLY / I~LLY DOCK EXTENSION 3. PROJECT LOCA'rtON: SUFFOLK Munidpality CUTCHO(~UE, SOUTHOLD TOWNSHIP County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5710 SKUNK LANE, CUTCHOGUE, NY 11935 SCTM #1000-138-2-34 LAT/LONG: N:41.014/W:72.459 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A 4'X24' FIXED DOCK EXTENSION TO EXISTING 3~30'4" FIXED DOCK. 7. AMOUNT OF LAND AFFECTED: Initially .002 acres Ultimately .002 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, descltbe briefly ,s .. BENT USU .. OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: PRIVATE WATERFRONT PROPERTY 10. DOES ACTION INVOLVE A PERMIT APPROVAJ., OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvais: ARMY CORPS OF ENGTNEERS, NYS DEPT OF STATE, NYSDEC, SOUTHOLD TOWN 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permlt/approvais: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? DYes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE .~pplicant/spensor name: JAMES OR PATRI~ KELLY Date: 0"'/)¥/1/ OVER :~ART II - IMPACT ^-~$E&-~-'--'--~'T (To be com~!~-=a- by ~_~=_~ Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinata the review proces~ and use'the FULL EAF. DYes B. W~LLACT~~NREcE~VEC~~RD~NATEDREviEWASPR~vIOEDF~RUNL~STEDACT~~NS~N6NYcRR~PART617-6? ifNo, auegative dedamtidn may be supemeded by another invobed agency. ~]yeS [~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWI, NG:'(A,'lswers may be handwritten, if legible) · Cl- Existing air quality, surface or groundwater quality or quaniJty, noise levels, e;dsting traffic pattam, solid waste prnduc~idn or disloyal, pote~al for erosion, drainage or flooding problems?' Explain bliefiy:. C2. Aesthetic, ag~ultural, archaeological, historic, or otter natural or cultural ror, oui~es, or community or neighborhood ¢beraolor? Explain bifelly. ? C3. Vegetation or fauna, P.~h, shellfish or wildlife species, slgnil~nant habitats, or threatened or e(tdangered species Explain bdelty: C4. A c~mmuni~$ e~stjng plans or gc~is as officially adopted, o~ a change in ues or intensl~ of use of land ~ ~ ~1 ~? ~ ~: Growth, subsequent devololxnant, or mleted aolbitles likel~ to be induced by ~ ~ action? Explain bri~: C6. Longte~m, sh~tten~,cumuMtive, orotheroffectsnatidontl~KlinCI-C5? Exldalnbde~, C7. Other impacts (including changes in use of either quantity or type of energy)? Explain I~elty: E. IS THERE, OR tS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briet~y: PART Ill - DI: I I=mtMNATIOfl OF SIGNIFICANCE (To be complet~KI by ,~enw) INSTRUCTIONS: For each adverse effect ibendfied above, determine whe~3er R is substantial, la,ge, important or ofheMise significant. Each effect should be assessed in connection wl~ its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duratiori; (d) irreversibility; (e) geographic scope; and (f} magnitude. If _nece~=___ n/, add attachments or reference supporting/:natadals. Ensure tttat explanations contain su~ciantdofai~t~$h~wth~ta~r~evant~dveme~mpac~h~vebeenidant~f~edand~dequatMy~ddre~MK~ IfquestionDofPartllwascheckecl . yes, the detanninalion of significance must evaluate the potential impact of the ~ anon on the environmental characteristics of the CEA. EAF ond/or prepare a Ix~sitive becle~atfon. NST rseult in any signiflcont adverse envircome~teHmpacts AND provide, on attachmer~ as necesna~Y, ~e mesons su~ this betermtnaifor Date Tifte of R~ OiTicor Signature of Resl:)onalble Officer in Lead Agency Signature of Preparer (If different fT0m responsible, officer) PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? if yes, ccordlnate the review process and use the FULL FAF. [~] Yes ~'~No B. VVILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dectsmfien may be superseded by another involved agency. r~Yes [~'] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality m' quantity, noise levels, existing traffic pattsm, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archssofeglcel, historic, or other natural or cultural resources; or community ¢x rmighba~hneri character? Explain briefly: I C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: I C4. A community's existing plans or goals as off~Jally adopted, or a change in use or intensit~ of use of land or other natural resources? Explain briefly: I C5. Growth, subsequent development, or related activities likely to be induced by the proposed actiun? Explain briefly: I C6. Long term, short term, cumulative, or other effects ~ot identified in C1-C57 EXPlain bhafly: C7. Other impacts Ilncludin~ chanties in use of either quantil,/or type of energy? Ex~lain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA/CEAI? IIf yes, explain bdefl}~: [~] Yes r~No E. iS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? if yes explain: [~Yes F~No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme 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. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference 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 ii was checked yes, the determination of significance must evaluate the potential impact of the pmposad action on the environmental characteristics of the CEA. Check this box if you have identified one or mom potentially isrge ~r significant adve~e Impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. Check this box if you have determined, based on the infmmatlen and analysis above and any supporting documer~ation, that the proposed actio~ WILL NOT result in any significant adverse envirenmenfal impacts AND provide, on abachmenfa as necessary, the reasons supporting thi= determination. Board of Trustees Name of Lead Agency Jill M. Dohert¥ Print or Type Name of Responsible Officer in Lead Agency l'~' Signature"~f'Respofi~f Oificer in Lead Agency President Tlfie of Responsible Officer Signature of Preparer (If different from responsible officer) Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of JAMES & PATRICE KELLY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING l, ~ff)O ~- ~ 7L~V~f/0~ , residing at /dba (Eff. a~(~ l(3 ~Y~' b~in~ dul'y s~m, d~o~e ~d ~ay: I ' That on the I ~day of 2~'~ ]t~ / ,2011, I pefsor!ally, posted the prpp.er~y,l~n.~w9 a.~s by placing the Board'of Trustees official pos[er wh~re it can e&sily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of heating noted thereon to be held Wed~ July 20~ 2011 on or about 6:00 PM. Dated: Sworn to before me this day of.7~ 20 0 Notary~Public - ()0 v' ~ ROBERT A MAZZAFERRO NOTARY PUBLIC - STATE OF NEW YORK NO, 01MA6207376 QUALIFIED IN SUFFOLK COUNTY, COMMISSION EXPIRES JUNE 15, 20-.~ James Kelly Posting 7/13/11 JAMES & PATRICE KELLY PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Patrieia L. & Craig F. Rochon Dennis & Shelley Hall Boyd James & Patrice Kelly Giuliana & Marino Faraguna Address: 325 Sterling Road, Cutchogue, NY 11935 RFD 1,555 Sterling Road, Cutchogue, NY 11935 10 Roy Avenue, Jericho, NY 11753 175 Park Avenue, Berkeley Heights, NJ 07922 STATE OF NEW YORK COUNTY OF SUFFOLK JANE P. COSTELLO , residing at 7~0 CHESTER ROAD, SAYVILLE, NY t 1782 , being duly sworn, deposes and says that on the 12TH day of JULY ,20 11 , 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 there 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 GREENPORT (11944) , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this / ~ Day of_ _) t~ ,20_ ! I EMILY HEALY Notary Public, State Of New York No. 01 HE6059270 Qualified In Suffolk County (~ornmission Expires July 23, 20...~.-~ C~rtlfied Fee m I OFFICIAL F~ag~ $ USE NOTICE TO ADJACENT PROPERTY OVqNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: JAMES &PATRICE KELLY SCTM# 1000-138-2-34 YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A 4'X24° FIXED DOCK EXTENSION TO EXISTING 3'X30'4" FIXED DOCK AND INSTALL TWO LADDERS AT OFFSHORE END. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 5710 SKUNK LANE, CUTCHOGUE, NY 11935 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: JULY 20, 2011 at 6:00pmYou may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: JAMES & PATRICE KELLY MAILING ADDRESS: 10 ROY AVENUE JERICHO, NY 11753 PHONE #: Enc: Copy of sketch or plan showing proposal for your convenience. o ~e4offr, l ' I COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING ° JETTIES · BULKHEADING ° STEEL & WOOD PILING · FLOATS -~;23 F!FTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · . ,,X o3. - . ~.~ AUTHORIZATION FORM (N~m~) / ~s~es~P/ope~y Name) do hereby give C;stello Ma;i;e Con;;cti;g Co~. th; ;;;~d~ to act as agent in my behalf in applying for all the necessaw pe~its for work to be completed at my above referenced property. ~rd of Trustees Application0 County of Suffolk State of New York SWORN TO BEFORE ME THIS Jane CosteHo, Permit Manager for Costello Marine BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY V1RTUE OF SAID PERMIT(S), lF GRANTED. IN COMPLETING THIS APPLICATION, l 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. Signature ~DAYOF~ ,20// ..... ::, State of New Yolk ,tary Pub c [ No. 01Cl4661406 Oual/fied in Suffolk Cool~y Commission Expires Dec. 31, 2013 James & Patrice Kelly 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 located within the Coastal Erosion Hazard Area. ° Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", 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.nortlffork.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 138 2 34 SCTM# The Application has been submitted to (check appropriate response): Town Board [-"] Planning Dept. [--] Building Dept. [--] Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [--] construction, planning activity, agency regulation, land transaction) [--] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: CONSTRIIC~T A d~X'~d* FIX'EI~ i'}tcl(~K EVKTENNION Ti') FXLqTINC. ?,'X3fl*d" FIXED DOCK. INSTALL TWO LADDERS AT OFFSHORE END. Location of action: 5710 SKUNK LANE, CUTCHOGUE Site acreage: 0.014 ACRES Present land use: WATERFRONT ACCESS Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: JAMES & PATRICE KELLY (b) Mailing address: 10 P_@Y .A_VENUE, !ERICHO, NY 11753 (c) Telephone number: Area Code ( ) 631.962-!97-a (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [ [ If yes, which state or federal agency? NYSDEC, NYSDOS, ACOE DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes ~ No ~ Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED , Attach'additional shec~s if necessary Policy 3. F~nhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [~ No ~-] Not Applicable PLEASE SEE ATTACHED Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, strurtures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [-~ Yes ~-~ No [~ Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~'-]No[~ Not Applicable PLEASE SEE ATTACHED Attach additional sheets if necessary Policy 8. Minlmi~e environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~l lYes ~ No ~'] Not Applicable PLEASE SEE ATTACHED PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ['~ Ye~ No[--] Not Applicable PLEASE SEE ATTACHED Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~Yes ~-] No ~ Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 ~-] Not Applicable PLEASE SEE ATTACHED Created on 5/25/05 11:20 AM Date: To:' Client: Proposal: June 22, 2011 Southold Town Trustees and Mark Terry James & Patrice Kelly Construct a 4'x24' fixed dock extension to existing 3'x30'4' fixed dock. Install two ladders at offshore end. DEVELOPED COAST POLICIES Policy I 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. Our proposal will make better nsc of this waterfxont property by extending thc existing into deeper water and providing an area for the property owner to access his boat. This extension will not extend further than the current pier line established by the neighboring docks. The proposal is consistent in size for the surrounding area. Policy 2 Preserve historic resources of the Town of Southold. There are no historic resources of the Town of Southold located at this site. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will have no effect on the visual quality or scenic resources throughout the Town of Southold. The proposed extension is consistent with the neighboring docks and will not extend any further than the existing pier line. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal will have no effect on the loss of life, structures and natural resources from flooding and erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality and supply in the Town of Southold. The dock will not cause direct or indirect discharges that would contribute to contravention of water quality standards. There will be no non-point pollution increase by the construction of the proposed extension. The scope of the proposed extension is minimal in size. There will be very minor disturbance during the initial construction but the disturbance will not be a continuing factor. Once construction is completed it is anticipated that the area will totally recover. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. The scope of our proposal is minimal. The small dock extension will not have any impact on the quality or function of the Town Southold's ecosystem. There is any existing dock structure and our proposal is a small seaward extension. There are no vegetative wetlands in the area of the proposed extension. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will have no effect on the environmental degradation in the Town of Southotd from solid waste and hazardous substances and wastes. PUBLIC COAST POLZCZES Policy 9 Provide for public access to, and recrea~onal use of, coastal waters, public land% and public resources of the Town of Southold. Our proposal will not inhibit public access to coastal waters, public lands and public resources of the Town of Southold. We are proposing a seaward extension of any existing dock structure which will not extend further than the established pier line. The scope of the work is minimal so the visual access will not be effected either. WORKZNG COAST POLZCZES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable IocaUons. This is a waterfront piece of property that has an existing dock. The existing dock terminates at a water depth of approximately 1/2 foot at NLW. This minor extension will allow the dock terminate at approximately 2 feet of water at MLW. This additional water depth will allow the dock to be more functional. The property owner will be able to access his boat to engage in water dependent activities. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. The proposed dock extension will help in preventJng any potential prop dredging. Currently the existing dock terminates at 1/2 foot of water at hlLW. The extension will terminate at approximately 2 feet of water at MLW. Our proposal will lessen the likelihood that prop dredging will occur. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will have no effect on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will have no effect on the appropriate use and development of energy and mineral resources. HYDROGRAPHIC MAP Prepared for: Jim Kelly Surveyed: 11-19-10 SCT# 1000-138-2-34 Town: Southold Suffolk County, NY Datum: Low Water I 1" = 20' I N \ / SEA LEVEL MAPPING Box # 366 Aquebogue NY 11931 ROBERT H. FOX NYS PLS# 50197 'ED BOARD OF TRUSTEES TOWN OF SOUTHOLD I ~ I~//T'7' / 0 C,4 ~'~0,~,~ /vL47~ . / . I