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HomeMy WebLinkAboutTR-7630 Jame~ F. K/u.s. Pres/dent Bob Gh~io~ Jr. Vice-President Dave Ber~n John Bredemeyer Michael J. Domino Town Hall Annex 543?5 Main ~ P.O. Box 1179 Southold, New York 119714)959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SODTI-IOLD CERTIFICATE OF COMPLIANCE # 0786C Date: August 13, 2012 THIS CERTIFIES that the reoair of 600 sfofwood patio including existing perimeter bench and new post supported cable rail. At Off Private Road. Fishers Island. New York Suffolk County Tax Map # 3-2-1 Conforms to the application for a Trustees Permit heretofore f'ded in this office Dated Aumist 1,2011 pursuant to which Trustees Wetland Permit #7630 and Cosstol Erosion Permit # 7630C Dated August 1,2011 were issued on August 24. 2011 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 renair of 600 sf of wood ratio includin~ existing _t~-rimeter bench and new oost sun~orted cable rail. The certificate is issued to NICHOLAS NOYES owner of the aforesaid property. Ol~io, Jr. Vioo-Pre~l~ Michael $. Domino Tovm Hall, 53095 Main Rd. P.O. Box 1179 ~out~old, NY 11971 Te4ephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OFINSPECTION: INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ~ constructed _~ Project complete, compliance inspection. INSPECTED BY: -~, ~, ~ ~j COMMENTS: 4~)~' CERTIFICATE OF COMPLIANCE: J0 , ?~~/ RUG 02 2012 6:55PH HI ~ISER,,1ET 3200 p.1 ConGcx~, VA 01742 Phcx~ G/&MG~TO8 F~c Town ofSoultm~ ~ ~ Nick Noyes Abntion: ,Mme~ F. I~*~ AUG - 3 2012 Southhotd Town (631)785-1892 Compledon n _otJ~__ for two petrnlls (~: The~ two pmJect~ am aornp~e (~ new rail on bench for repaired de~), and rm,:ly fa- post- insixc~n. I MI Nncl vie rnati (or emall if y~J pn~r) piclunm of tim (~rnpiMed work. RU~ 02 2012 6:55PM H~ ~SERJET 3200 Nichalns B. Noyes 103 Cootldge Road Concord, Massach·setts 01742 978=369-9708 August 1, 2012 Board of To~ Trustees Town of Southold Tow· Hall Annex 5437S Main Rd. Southold, NY 1197! AUG - 3 2012 SCtl~h*,18!~ Dear Trustees, This letter is to ·ulify you of the eompleflon of two items of permitted work on our property on Choeamount Cove on Fishers Island NY, and note its readiness for a osmpHanee Inspection- The permits for the two work items follow ibis letter: · Coastal Erosion Management Permit 4F/316C, issued May 19, 2010 · Coastal Erosion Management Permit ~/630C, issued August 24, 2011 Both the armor stone erosion cant~ol and the deck repair work have been completed and are ·ow ready for inspection per tl~e inspection schedule attacked. I will send · copy of photographs of the completed work pertinent to both permits via U.S. mall. If you would like to receive these electroulcafly, please provide an emall address. Please advise via phone or emil ffyou would like me to be present on site for a post inspection on August 8 or at another time. Sincerely, Nicholas B. Noyes nick~h~si~ht-experience.co m 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 I st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7630 & 7630C DATE: AUGUST 24, 2011 ISSUED TO: NICHOLA$ NOYES PROPERTY ADDRESS: OFF PRIVATE ROAD~ FISHERS ISLAND SCTM# 3-2-1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Aut, ust 24, 2011, and in consideration of application fee in the sum of $500.00 paid by Nicholas Noyes 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 and Coastal Erosion Permit to repair 600 square feet of wood patio deck including existing perimeter bench and new post supported c~ible rail; and as depicted on the site plan prepared by Docko, Inc., last dated April 25, 2011, and stamped approved on August 24, 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 Nicholas Noyes, residing at Off Private Road, Fishers Island~ 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 Permittea 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 thc 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 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 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 l~e required supplemental to this permit, which may be subject to revoke upon failth~ to Obtain same. Jill M. Doherty, President Bob (~hosio, 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 COASTAL EROSION MANAGEMENT PERMIT Permit #: 7630C Date: August 24, 2011 SCTM#: 3-2-1 Name of ApplicantJAgent: Docko, Inc. Name of Permittee: Nicholas Noyes Address of Permittee: 103 Coolidge Road, Concord, MA 01742 Property Located: Off Private Road, Fishers Island, New York DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to repair 600 square feet of wood patio deck including existing perimeter bench and new post supported cable rail. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by Docko, Inc., last dated April 25, 2011, and stamped approved on August 24, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. INSPECTION: Final Inspection SPECIAL CONDITIONS: (apply if marked) N.A. Bluff restoration through a re-vegetation plan is a necessary special condition of this pea:mit. N.A. A relocation agreement is attached hereto and is a necessary special condition of this permit. N.A. A maintenance agreement is attached with application and is a necessary special condition of this permit. J(~. Doherty,~ Board of Trustees Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Brederaeyer 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 Mr. Keith Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: NICHOLAS NOYES OFF PRIVATE ROAD, FISHERS ISLAND SCTM# 3-2-1 Dear Mr. Neilson: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, August 24, 2011 regarding the above matter: WHEREAS, Docko, Inc. on behalf of NICHOLAS NOYES 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, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated August 1,2011, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, 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 and Chapter 111 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 the Board of Trustees approve the application of NICHOLAS NOYES to repair 600 square feet of wood patio deck including existing perimeter bench and new post supported cable rail; and as depicted on the site plan prepared by Docko, Inc., last dated April 25, 2011, and stamped approved on August 24, 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: $50.00 Very truly yours, Jill I~/Doherty I/ 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 I 179 Southold, NY ! 1971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: NICHOLAS NOYES Please be advised that your application dated August 1,2011 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) __. ~ Constructed ($50.00) XX Final Inspection Fee ($50.00) __ 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 TOTAL FEES DUE: $ 50.00 BY: Jill M. Doherty, President 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., August 17,2011, the following recommendation was made: Moved by Doug Hardy, seconded by Derek Bossen, it was RESOLVED to SUPPORT the Wetland Permit & Coastal Erosion Permit applications of NICHOLAS NOYES to repair 600 sf. of wood patio deck including existing perimeter bench and new post supported cable rail. Located: Off Pdvate Rd. Fishers Island. SCTM#3-2-1 Inspected by: Doug Hardy Vote of Council: Ayes: All Motion Carried NICHOLAS NOYES DECK REPAIR Chocomou¢~ Cove Jill M Dohcrty. President Bob Ghosio. Jl., Vice-President James F King Dave Bmgcn P.O. Box 1170 Southold. NY 11971 Telephone(631 765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: Docko, Inc. on behalf of NICHOLAS NOYES requests a Wetland Permit and Coastal Erosion Permit to repair 600 sf. of wood patio deck including existing perimeter bench and new post supported cable rail. Located: Off Private Rd. Fishers Island. SCTM#3-2-1 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 __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Pre, se, e,e,e~t Were: _~"~.J. Doherty B. Ghosio "' J. Bredemeye~ D. Dze'nkowski -- Form filled out in_the field by Mailed/Faxed to: Date: ~J. King t,/ D. Bergen, other LOCATION PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: "DECK RECONSTRUCTION" CHOCOMOUNT COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK NICHOLAS B. NOYES APRIL 25, 2011 DOCKO, INC. 53 35 TAX ASSESSOR'S LOT ! PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: "DECK RECONSTRUCTION" CHOCOMOUNT COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK NICHOLAS B. NOYES APRIL 25, 2011 DOCKO, iNC. 5 :% Mid(lie Por~ Por~ COUNTY OF SUFFOLK (~) Real Property Tax Service Agency 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 $OUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2011 Re: Proposed Wetland Permit for NICHOLAS NOYE SCTM# 1000-3-2-1 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "A" which states: A. Maintenance or repair involving no substantial changes in an existing structure or facility; 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 BOARD OF TRUSTEES TOWN OF SOUTHOLD Office Use Only .~Coastal Erosion Permit Application Wetland Permit Application Administrative Permit Received Application ~t I I Received Fee: $ Completed Application __ Incomplete SEQRA Classification ~-'~e I -X-- Type 1I __ Unlisted __ Coordination Date: ( Date Sent) LWRP ConsistencyAsse~ment Form ~,~'~/ CAe Referral Sent ~{ ~/q Dateoflnspection ~'! 10!ti __ Receipt of CAC Report __ Lead Agency Determination: Technical Review: Publlc Hearing Held: Resolution: Name of Applicant: Nicholas Noyes Address: 103 Coolidge Road, Concord MA 01742 Phone Number: ( 978 )369-9708 Suffolk County Tax Map Number: 1000 -003-2-1 Property Location: Off Private Road on Chocomount Cove (provide LILCO Pole #, distance to cross streets, and location) AGENT: Docko, Inc. (If applicable) Address: P. O. Box 421, Mystic, CT 06355 Phone: (860) 572-8939 Board of Trustees Application GENERAL DATA Land Area (in square feet): 1.8 ACRE Area Zoning: RESIDENTIAL Previous use of property: RESIDENTIAL Intended use of property: RESIDENTIAL Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance fi.om the Zoning Board of Appeals __ If "Yes", please provide copy of decision Prior permits / approvals for site improvements: Agency Southotd Board of Trustees Date June 19, 2006 Yes 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): Repair 600 +/- SF of wood patio deck including existing perimeter bench and new post supported cable rail, landward of the flagged tidal wetlands and the apparent high water line. Board of Trustees Application WETLAND / TRUSTEE LANDS APPLICATION DATA Purpose oftbe proposed operations: Repair a existing wood deck Area of wetlands on lot: 3,000 square feet Percent coverage of lot: 5_._% Closest distance between nearest existing structure and upland edge of wetlands: 30 feet Closest distance between nearest proposed structure and upland edge ofwetiands: 30 feet Does the project involve excavation or filling: X No If yes, how much material will be excavated? __ cubic yards How much material will be filled? __ cubic yards Depth ofwhich matefial will be removed or deposited: 3+/- feet Proposed slope throughout the area of operations: 1.1 +/- Manner in which material will be removed or deposited: No fill is to be placed Yes 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): There will be no effect on tidal wetlands as a result of this project. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Repair 600 +/- SF of wood patio deck including existing perimeter bench and new post supported cable rail, landward of the flagged tidal wetlands and the apparent high water line. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes, now much material will be excavated? 0 (cubic yards) How much material will be filled? 0 (cubic yards) Manner in which material will be removed or deposited: All materials will be brought to the site by track and construction will be on site. This i$a wood post-supported timber structure. Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features.(Use attachments if necessary): See Attached Narrative Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY L~CA?ION: 8.C.T.M.~, THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A /~/~ ~/2~ .2.G~ /' sTOI~A.WA?ER~ ORADIN~ DRAINAGE AND ERGSION CONI~OL PLAN u~ s~.a. L~ C~K~ Irmu BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CON$-i'Ii/JL;I1ON ITEM# /WORKASSESSM]~NT I Yes No a. What is th~ Total Ams of the pwjeci Psn:els? ' (Include Total Area of all Pemels located wilhln ' '1 Wilt this Project Retain All Stom~Water Run4:)ff the ~cope of Work for Proposed Coflstmc~on) ~ Generated by a Two (2") Inch Rainfall on Site? b, Whal is the T~tal Area of Land Clea~ng (s.~. / ~) (This item will Include a]l run-off cree~ed by ~ demtr~ and/or constrdcflo~ ac~i~es as waB as ~dl and/or Ground Dlstu~ence for the proposed /~O/') I° Site Improvements and the permanent cma~on of Impe~iou$ surfaces.) construction aclivity? (S.F.~I 2 DOes the Site Plan and/re' Su,wey Show AIl Proposed PROVIDI[ BRIEF PROTECT DF~CRIFrION ~*,~,*.~ Dmlnage~ctureslndicafingSize&LocaUon?This Item shall Include all Prolx~ed Grade Changes and Y ht~,'~l/~ %~-'-f'~m "~e_~C~ '0'~'~(~ 3 OoestheSItePlanar~d~rSur~eydes~ibetheemsion c~'~ol site erosion md stow~ water discharge. Thle Conslmc~on Padod. (5,000 S.F.) Square Feet of Ground Surface? -- 6 Is there a Natural Water Course Running throu~ the Site? Is this Project within ~le Trustees Jurisdiction Gen~ml DEC SWPPP Re~ulramenb: or within One Hundred (10ff} feet of a Welland or -- ll~urbence~of~(1)ormoma~m~; InlAludlngdfs/~l~ncesofle~enc, neacra~lat 7 Will there be ,~lte preparatlon on F_x~tlng Grade SIop~ courcrY OF ........... l.X. Le.~.,.~.~M That I,...~.~.I'..~....~..~{~J.~_~LL~.~}i~'/~ ......................... bein~ duly sworn, deposes and says that he/she is the applicant for Penni, (Nara, of i~lv~tu.l el.~l~ Doaamer,0 And that h~sh¢ is Ihe .,,,/~.. (~.]~, ,~,,, . Owner and/or representative of the Owner or Owners, and is duly authorized ~o perform or have peffm'med the said work and to make and file this application; that all statement~ contained in this application are true to the best of his knowledg~ and beliel~ and that the work will be performed in the manner set foRh in the application flied Swom to be~.~_~; -,-- .......... , ........... FORI 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpese: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there am aspects of a project that am subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance, The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full FAF Components: The full FAF is comprised of three parts: Pat 1: Provides objective data and information about a given project and its site. By identifying basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate er whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering beth the magnitude and importance of each impact, it is reasonably determined by the lead agency that: I~lA. The project will not result in any large and important impact(s) and, therefore, is one which will net have a significant impact on the environment, therefore a negative declaration will be I~-,pared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be I~epared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a ix~Jtive decterafien will be prepam~. *A Conditioned Negative Declaration is only valid for Unlisted Actions DECK REPAIR - NICHOLAS NOYES Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by ProJect Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Par~s A through E. Answers to these questions will be considered as pad of the application for approval and may be subject to further verification and public review. Provide an)' additional information you believe will be needed to complete Pads 2 and 3. It is expected that completion of the full FAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, sa indicate and specify each instance. Name of Action DECK REPAIR Location of Action (include Street Address, Municipality and County) SITE OFF EAST END ROAD (SO CALLED) Name of ApplicantJSponsor NICHOLAS NOYES Address 103 COOLIDGE ROAD City / PO CONCORD State MA Zip Code 01742 Business Telephone 978-369-9708 Name of Owner (if different) NICHOLAS NOYES, ROBERT NOYES, TOBY NOYES Address City / PO Business Telephone State Zip Code Description of Action: REPAIR 600 (+/-) SF OF WOOD PATIO DECK INCLUDING EXISTING PERIMETER BENCH AND INSTALL A NEW POST SUPPORTED CABLE RAIL, LANDWARD OF THE FLAGGED TIDAL WETLANDS AND THE APPARENT HIGH WATER LINE. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban r~l Industrial ~ commercial Forest Agricu,ture IZl her D Residential (suburban) [] Rural (non-farm) 2. Total acreage of project area: 1.8 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-egricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegeteted (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION 0.5 acres 0.5 acres 0.5 acres 0.5 acres 0.:~ acres 0.2 acres 0.4 acres 0.4 acres acres acres acres acres 0.2 acres 0.2 acres ,acres acres What is predominant soil type(s) on project site? a. Soil drainage: []Well drained 100% of site ~Poorly drained % of site D Mederately well drained % of site. 4. Are there bedrock outcroppings on project site? N Yes a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: ~0-10% 50% ~10- 15% 30% r,v~-~ 15% cr greater :~0 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [] Yes [] No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes []No If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). [] No What is the depth of the water table? [0 (in feet) Is site located over a primary, principal, or sole source aquifer?. 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~Yes ~ No ~Yes []No Page 3 of 21 11 D .... O . oes proJect s~te contain any species of plant or animal life that is identified as threatened or endangered? DYes [] No Accordin~l to: I I Identi~ each species: IThe adjacent lidal wetlands fringe marsh east and west of the site are colonized by spartina altemiflora. 12. Are there any unique or unusual land forms on the project site? (i.e.. cliffs, dunes, other geological formations? r"lYes []No Describe: 1 3. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes []No If yes, explain: 14. Does the present site include scenic views known to be important to the community?. NVes [] No IT he house dominates the up]and portion of the site. There is no vist~ ~'or the public to enjoy except ~-om the water and that wfl! not be affected or changed noticthl¥. 15. Streams within or contiguous to project area: Name of Stream and name of River to which it is tributar,j 16. Lakes, ponds, wetland areas within or contiguous to project area: The t~dal wet]ands frin§e mamh is in Chocomermt Cove off Fishers Island $otmd b. Size (in acres): The tidal wetlands area at the site is approximately 3000 SF, 0.07 acres. Page 4 of 21 17. Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? [] Yes b. If YES, will improvements be necessary to allow connection? DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304;' DYes [~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 DYes []No 20, Has the site ever been used for the disposal of solid or hazardous wastes7 B. Project Description Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor, 1.8 acres. b. Project acreage to be developed: 0.0! acres initially; 0.01 acres ultimately. c. Project acreage to remain undeveloped: 1.4 acres. d. Length of project, in miles: 50 +/- (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. 0 % f. 3; proposed 3 g. 0 (upon completion of project)? h. Number of off-streat parking spaces existing Maximum vehicular trips generated per hour. If residential: Number and type of housing units: One Family I Initially Ultimately Two Family Multiple Family Condominium i. Dimensions (in feet) of largest proposed structure: 3 height; j, Linear feat of frontage along a public thoroughfare project will occupy is? How much natural material (i.e. rock, earth, etc,) will be removed from the site7 Will disturbed areas be reclaimed ~Yes NNo []N/A a. If yes, for what intended purpose is the site being reclaimed? 50 +/- width; N/A ft. 0 tons/cubic yards. ?.0 length. b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Page 5 of 21 Will any mature forest (over 100, DYes ~No If single phase project: Anticipated period of construction: __ If multi-phased: a. Total number of phases anticipated I (number) b. Anticipated date of commencement phase 1: 9 month or other locally-important vegetation be removed by this project? months, (including demolition) year, (including demolition) c. Approximate completion date of final phase: 10 month 201 ! year. d. Is phase 1 functionally dependent on subsequent phases? [] Yes ~ No 8. Will blasting occur during construction? ~ Yes ~ No 9. Number of jobs generated: during construction ; after project is complate 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ~ Yes ~ No If yes, explain: 12. Is surface liquid waste disposal involved7 [] Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discha~ed 13. Is subsurface liquid waste disposal involved? [] Yas [] No Type 14. Will surface area of an existing water body increase or decrease by proposal? []Yes [] No If yes, explain: I 1 5. Is project or any portion of project located in a 100 year flood plain? [] Yes [] No 1 6. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? __ tons b. If yes, will an existing solid waste facility be used? [] Yes ~ No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? E]Yes [] No Page 6 of 21 e, If yes, explain: 17. Will the project involve the disposal of solid waste? NYes [~No a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides? r'-lYes [] No 19. Will project routinely produce odors (more than one hour per day)? N Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? r-~Yes ~'lNo 21. Will project result in an increase in energy use? r'"l Yes [~ No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity_ gallons/minute. 23. Total anticipated water usage per day_ gallons/day. project involve Local, State or Federal funding? [] Yes ~'~ No 24. Does If yes, explain: Page 7 of 21 25, Approvals Required: City, Town, Village Board ~Yes ~ No Type Wetlands Permit Town of Southold Wetlands Permit NYS DEC Submittal Date April 2011 City, Town, Village Planning Board DYes [] No City, Town Zoning Board DYes [] No City, County Health Department DYes [] No Other Local Agencies DYes [] No Other Regional Agencies Yes ~ No State Agencies ~ Yes [] No April 2011 Federal Agencies [] Yes [] No C. Zoning and Planning Information 1. Does proposed action involve a planning orzoning decision? ~Yes [] No If Yes, indicate decision required: ~ Zoning amendment [] Zoning variance N New/revision of master plan [] Site plan [] Special use permit ~ Resource management plan Subdivision Other Page 8 of 21 2. What is the zoning classification(s) I Residential ........ , ........ I 3.What is the maximum potential development of the site if developed as permitted by the present zoning? I 4, What is the proposed zoning of the site? No changes are proposed What is the maximum potential development of the site if developed as permitted by the proposed zoning? Residential 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~ Yes [] No What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action? All property adjacent to the site and along the shore is residential. Properties south of the road are alos residential. Southwest of the site is the golf driving range. 8. Is the proposed action compatible with adjoining/surrounding land uses with a ~ mile? ~Yes N No 9. If' the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer er water districts? [] Yes [] No 11. Will the proposed action create a demand f(~ any community provided services (recreation, education, police, fire protection? r"tyes []No a, f yes, is existing capacity sufficient to handle projected demand~ LJ Yes U No 12, Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. If yes, is the existing road network adequate to handle the additional traffic. []Yes [] No I I O. Informational Details Attach any additional information as may be needed to clarify your project, If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicent/Sponser Name Nicholas Noyes Signature ~. D ~_ Title Co-Owner Date If the action is in the Coastal Area, and yeu are a state agency, complete the Coastel Assessment Form before proceeding with this Page 10 of 21 HUG 15 ;~011 9:~SFIH HP LRSER.]ET 3~00 p, 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAlL RECEIPTS Name: Fishers Island Dev. Corp. Cynthia Dwyer Fishers Island Utility Co. Barton V. Kidd Address: P. O. Box 464, Fishers Island, NY 063902 532 Cantitoe Street, Bedford, NY 10506 Drawer E, Fishers Island, NY 06390 3838 Oaklawn Rd., Suite 725 2 Turtle Creek Village Dallas, TX 75219 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, 1NC. , residing at 14 H~)LMES STREET, MYSTIC, CT 06355, being duly sworn, deposes and says that on the /,~J'~ day of ~ ~ ,20//, deponent mailed a true copy of the Notice set forth in the Board of TmsteesYApplication, 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 currem assessmem roll of the Town of Southold; that said Notices were mailed at the United States Post Office at MYSTIC, CT, that said Notices were mailed to each of said persons by (certified) (re gi stered)mail. ~>)~'~'/~_ '~74 Sworn to before me this Dayof ~ t'2/~j~ ,20/'/ [~btary Public Certified Fee m Refum Receipt Fee r-i (Endorsement Required) Certified Fee rrl Return Receipt Fee [~] (Endorsement Required) Restricted Deliven] Fee (Endorsement Required) Poslage $ Certified Fee Return Receipt Fee ~..~ (Endorsement Required) U~' l Restricted De~ive~ Fee 5 /~r':(~'~ ?::g_O_,_~_x..¢_~_~ ..................................... : >:F CIAL Certified Fee ~ Relurn Receipt Fee USE i~153 Board of Trustees ADplication County of Suffolk State of New York NICHOLAS NOYES 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 SQUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND TOWN TRUSTEES HARMI .I~SS 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 REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS ~/ Notary Public Board of Trustees Application AUTHORIZATION (where the apDllcant is not the owner) I, Nicholas NoYes residing at Choco~ount Cove (print owner of property) (mailing address) _FISHERS ISLANDt NY do hereby authorize DOCKO. INC.~ (Agent) MYSTIC. CT Southold Board of Town to apply for permit(s) Trustees on m~ behalf. from the APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oatt of town officers and emolovees. The ouroose of this form is to orovide information which can ale~ the town of oessible conflicts of interest and allow it to take whatever action is oncessarv tO avoid same. someone else or other entity, such as a con~ony. If an, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax ~ievaoce Building Variance Trustee / Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If '~ther", 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 besiness, including a permershlp, in which the town officer or employee has even a partial ownership of(er employment by) a co~oru~ion in which the town officer or employee owns more than 5% of tho shams. YES NO / If yon answered "YES", complete the balance ofthls form and date and sign whoru indicated. Name of person employed by tho Town of Southold Title or position of that person Describe the mlationshlp betxvean yourself(the appllcant/agent/reprasont atlv e) and tho town officer or employee. Either check thc appropriate line A) through D) and/or describe in thc space provided. The town officer or employee or his er her spouse, sibling, parent, or child is (check all that apply): __.A) thc owner of greater than 5% of the shares of the corporate stock of the applicant (when thc applicant is a co~poration); __.B) the legal or beneficial owner of any interest in a non-coq~orato entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or ___D) thc actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Signature 20~1 Town of Southold LWRP ~SISTENCY 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 for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si~ificant 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both suooortin~ and non-suol~orting 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.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 SCTM# 1000 -003-2-1 PROJECT NAME: The Application has been submitted to (check appropriate response): Town Board Planning Board __ Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to 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: X Nature and extent of action: Repair 600 +/- SF of wood patio deck including existing perimeter bench and new post supported cable mil, landward of the flagged tidal wetlands and the apparent high water line. Location of action: Site off East End Road (so called). Site acreage: Parcel =1.8 acres, Present Land use: Residential Present Zoning Classification: Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: a) Name of applicant: Nicholas Noyes b) Mailing Address: 103 Coolidge Road, Concord, MA 01742 c) Telephone number: Area Code (978) 369-9708 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X. No __ If yes, which state or federal Agency? NYS DEC C. Evaluate the project to the following policies by analyzing how the project will further support of 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. X Yes __ No __ Not Applicable The Noyes home makes appropriate use of an existing residentially zoned waterfront property. The deck repair depicted in this application complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The shoreline will remain in its same configuration.. There will be no impairment of waterflow or navigation during or after the repair and maintenance work has been completed and there will be no work in the wetland. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVqRP Section III - Policies Page 3 through 6 for evaluation criteria. __ Yes __ No X Not Applicable There are no known historic or archeologically significant features on this site. 2 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 __ Yes __ No X Not Applicable The proposed proiect is repairing an existing deck attached to the house. The view and vista of the harbor / cove will not be adversely or even noticeably affected by the proposed maintenance work. This house and deck system was built prior to the adoption of the LWRP by the Town of Southold. 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 X Not Applicable The Noyes' shoreline is located along the south shore Chocomount Cove and is acknowledged to be in a flood-prone area; and there is wave exposure at this site. This is a long-standing structure which has demonstrated its ability to withstand the elements including inundation waves and ice but has suffered from deterioration of the wood components. The work proposed is required to maintain and restore structural integrity of the without adversely impacting the natural features of the site. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section llI- Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This project will not have any affect on suitability of or availability of drinking water on Fishers Island. The shoreline is at the bottom of the hydrologic gradient of the water table which is within the exchange area between marine salt water and natural ground water Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes __ No __ Not Applicable This project is necessary to repair a long-standing deck. The work is clear of the marine waters and tidal wetlands and other significant Coastal fish and Wild life habitat. Soil retention capability and scour / erosion protection of the site will not change as a result of this deck repair project. The preservation of the bank armor, covered under a separate permit, is desirable to maintain water quality and fish and wildlife habitat quality and this project will not degrade the habitat or the shoreline protection in any way. If any shrubbery must be removed, it will be replaced to maintain a 10-foot non-turf buffer. 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 X Not Applicable There are no air quality issues related to this proiect. No emissions will be generated by the shorefront erosion protection modifications. 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 X Not Applicable There is no solid waste or hazardous substances or solid waste to be generated from this 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 111 - Policies; Pages 38 through 46 for evaluation criteria. Yes No X Not Applicable This project is being built on private land. The public trust landg and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line out and the deck repair project is clear of Public Trust Lands and waters. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No Not Applicable The deck to be repaired is a part of the Noyes' home which is located on land zoned for residential use. This project is a repair, not a new facility or use and does not usurp a water dependent use. 4 Policy 11. Promote sustainable~ of living marine resources in Lon~ml~land Sound the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable This project is to repair a long-standing wood deck for a home that has existed since before current environmental regulatory programs. The proposed work is, thus, consistent with sustainable use of living resources and will not change the shape, size or the use of the structure which has existed at this site for decades. The deck is utilized by the Noyes family for the quiet enjoyment of the natural resources of the site. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable The property is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section Ill - Policies; pages 65 through 68 for evaluation criteria. Yes No X Not Applicable This property is not used for or in support of any energy or mineral mining or processing operations and thc deck reconstruction does not represent an energy or mineral mining activity. PREPARED BY Keith B. Neilson~ P.E. TITLE~ DATE April 25, 2011, Revised 6/22/11 5 NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION DECK REPAIR PERMIT APPLICATION NICHOLAS NOYES CHOCOMOUNT COVE, FISHERS ISLAND, NY APRIL 25, 2011, Revised June 22, 2011 GENERAL The Noyes family owns property off East End Road located along the shore of Chocomount Cove on Fishers Island. This project involves the repair of the existing, long- standing deck as shown in the photographs and attached permit application drawings. All work is landward of the apparent high water line, tidal wetlands vegetation and top of the bank. It is anticipated that all work will be done from the land and by hand except possibly using a gasoline-powered auger to dig the post holes. The exposure is to the north and east and the site is subject to occasional waves and flooding conditions depending on weather conditions and wind direction. The Noyes' property is approximately 1.8 acres with a steep bank transitioning to wetlands at the shoreline. Shoreline protection at this site has been reviewed during previous permit applications. The deck on the north side of the house is in need of repairs. Beyond the deck there is a drop of about eight feet from the yard to the toe of the bank. The slope is covered with junipers and yews and various vegetation, not turf. The attached narrative substantiates the scope of work and provides responses to various concerns outlined in Local Law No. 6 2004, relating to new Chapter 97 "Wetlands and Shoreline" of the Code of the Town of Southold. REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW The permittee acknowledges that the validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of these permits, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the pennittee also agrees to indemnify and save harmless the Town of Southold and its officers. The permittee gives consent to the Town and the NYS DEC, and their officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Town of Southold, Board of Trustees as well as State and Federal agencies in writing one week prior to initiation of any and all operations. The permittee will~tify the Trustees in writing upon the site can be inspected for issuance for a certificate of compliance. of operations such that In response to Sub-section 2a, most of this project relates to modifications of shoreline protection, and there are no dock facilities at the site and none are requested. Upon receipt of the permit for this project, appropriate permit numbers will be affixed to the most seaward face of the deck for identification from the water. 2. There are no permanent dock facilities or boating structures at this site. Completion of the proposed work will not encumber public passage along the shore. It should be noted that the shore of Chocomount Cove represents a substantial drop-off of terrain and there is very little passable foreshore landward of the house. The foot traffic in this area is rare, if at all. NYS DEC Tidal Wetlands Regulations - Sections 661.5 and 661.9 This project represents the repair of an existing deck at the Noyes property at the far south west of quadrant of Chocomount Cove. New posts will support the deck in place as shown in the application drawings. There is an area of tidal wetlands fringe vegetation approximately 30 feet north of the deck, at the toe of the bank, and that vegetation will not be disturbed. Deck's at residential properties on the waterfront are considered to be generally compatible use in an adjacent area (AA) with a permit being required under Section 661.5(b) (1), 15 and 24. This deck was repaired in the 1990's. Routine maintenance and replacement of damaged or deteriorated decking has been on an "as needed" basis. Under Section 661.9, the standards for issuance of permits of NYS DEC regulations, the following are considered to be pertinent considerations. The policies are created to preserve and protect tidal wetlands and prevent their despoilation and destruction. Regulated activities will not have an undo adverse impact on the present or potential value of the affected tidal wetlands. This deck repair project is compatible with public health and welfare policies of the State and a building permit for the repairs will be acquired prior to the start of work. Maintenance of the deck is allowable under zoning regulations. It will maintain the same dimensions and elevation as the long-standing structure, with a mil as necessary for safety. The project complies with development restrictions contained in Section 661.6 as this work is repair of an existing long-standing deck structure and is compatible with the use of the site, zoning and the long-standing use of the site. This project will not have an undo or adverse impact on the present or potential value of nearby tidal wetlands vegetation or the stability of the bank. Town of Southoid - Local Waterfront Revitalization Program These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York 2 State Department of State.~ll~he following policies from the Locaffil~terfront Revitalization Program are appropriate. Policy 2 -Water Dependent Uses - This project is to conduct routine repair work on fully functional deck at this waterfront site. This deck is used for passive recreation and enjoyment of the waterfront which is a legitimate water-dependent use. Policy 5 - Use of Existing Developed Shorefront - This project will be primarily repair of a long- standing deck, clear of sensitive habitat or tidal wetlands and maintain it to be safe and reliably usable in all weather conditions. Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout. Two feet or more of height will continue to be maintained above bottom. The ground and the deck stops short of the bluff (bank). There will be no change to the dimension, height or amount of structure which might affect fish habitat and special wildlife or marsh habitat. The non-turf vegetated buffer at the bank will be retained or replaced as a part of this project. Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this deck repair project, keeping the structure in the existing configuration, and will be repaired consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold. Policy 11 - Minimize Damage to Natural Resources - The deck repair project will be conducted in such a way so as to minimize damage to natural resources as identified in Policy 7 above by alignment, footprint and elevation. There are no tidal wetlands at this project site and the tidal wetlands vegetation further north will not be disturbed. Policy 14 - No Measurable Increase in Flooding - This project consists of the repair of an open wood post-supported deck that will in no way adversely affect water flow and circulation in the cove or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence on those flood levels. Policy 15 - No Dredging - Dredging is not required in this project. SUMMARY This project represents the repair of a long-standing, deck off the back side of the house at the property of the Noyes family on Fishers Island. The shorefront protection in place has existed for years, probably since the house was built in the 1960s. This project complies with all applicable standards of Local Law No. 6, 2004, the Town of Southold LWRP and the NYS DEC Tidal Wetlands and its approval is respectfully requested. Respectfully submitted, DOCKO, 1NC. Keith B. Neilson, P.E. I ocko Inc. Serving the waterfront community since1987 RO. Box 421, Mystic, CT 06355 (860 -k57~ Fat(: (860) 572-7569 ema permits@docko com .,. July 29, 2011 Ms. Jill Doherty, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Noyes Family Property, Fishers Island Deck Repair Chocomount Cove Dear Ms. Doherty: On behalf of Nicholas Noyes, we enclose herewith the following revisions in support of his permit application for Deck Repair on Fishers Island. Four prims each of plans titled: Project: Waterway: Location: Applicant: Date: "Deck Repair" Chocomount Cove Fishers Island, Town of Southold Suffolk County, New York Nicholas B. Noyes April 25, 2011 Four copies of the Southold Board of Trustees permit application, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, (Fees previously paid will be applied) I trust that you will f'md this application package complete and acceptable; please let me know if the need for further information arises. DV~rYC ~rUol,Y Y°ur S'INC. t KBN.'jm Enclosures CC: Mr. Nicholas Noyes NYS DEC: Environmental Permits File: 09-08-2146 NOYES ~E~ TOI;~ A TIOt',I OVl BOA TOWN OF $OUTHOLD 'ATE LOCATION i'~lAi::~ ] , L; }.:1.:, KIDD 2~%OAK. LAWN RD BUFFE 725 CI~EK ',4LLA~E NOTEB: 1. Fl FVAllON DATUM 19 NAVD ~. 2. lqD5 DATA 19 TAKEN ~M 2011 NOAA ~DE TABLE~ P4=FERENCE: NO~ ~S~C ~ - N~ ~N~N ~P~R $ ~¢TO~ ~F OF w~D PASO DECk tNCLUOlN~ ~S~N~ ~M~ BENCH ~O N~ ~ST SU~ ~LE ~L ~O~ ~D ~E ~ HIgH WA~ r,~.,13,,,.C~ C~,~2.D. Lfl T.O.~. REPAIR / REBTORE WATERWAY: R,.~,HER,.~ I~LcN~D SOUND DATE: /N2RIL ~, 2~1 ~1~: NICHO~ N~ ~HE~ 1 OF 4 ~c, ~ O~355 8~ 572 8939 F~ 8~ ~2 ~9 LOCATION: FISH EI2~ I~LAND - TO, dM o¢ ~OUTHOLD ~UFFOLK COUNTY. NBC/YO~K A COM~L.A~ON OF SU~CBYS FOR ENNARONMENT/~L. PEI;~I rT PURJ::~E:,E~. 'THEY ~ NOT ~N~U~ON ~ ~CUME~. A T~ BUI~IN~ ~IT ~Y BE ~QUI~D ~T: ~JE~: DECK ~ : ' '- ~TONE ~FI;.ONT E~AR~,ON UL.ME~ KIDD OF TIDAL WET1.AND~ · · ~ TO BE VE~FED :' ' · ' ..'1.~'~' ,F---.XI~-fllN~ CONDI-'FION~ I ~ f I P-,EVI~ED 0~.22-11 T.O.~  I:;~P/NR / 12-.E~TOI2.E LOCATION: FISHEI;~ I~LAND - TO'¥VN of'.~OI.,r'FHOLD ~UFFOLK COUNTY, NEW YOP.< WATE~:'A/AY: FI~HE¢-.~ I~LAND ~OUND DATE APP4L 25, 2Oll API;LIC, ANT: NICHOLA..~ Noyes_Deck-Restor~tion_2dwg RETAIN / I~F_~TA~!.J_~H NON-TUR[' VEGETATED BUr--PER ,AL.ONE TOP OF ~,ANK ~3,A~K TO IO.-P'F EXI~ TTN~ 600+-~F ~E~E DETERIOI2,A TED DECK 12LANK~ AND CTCJN~EI2,~ A~ NEEDED IN~T, AI..L I::O~T,~ TO REPLACE CONCFv4::~ ~ BLOCK / WOOD WALKWAY-~ 12ERIh'IETER EENCH TO t3E P*.E.~TOC-,ED / .A~ NEEDED F.F. EL=13.5 N ~ COASTAL EI20~ION ~ LINE PSR GO,~TAL E~,.~ON HAZAP~ AREA MAP TOWN OF 50Lr~OL~, ~UFF<;E.K COUN'fY, NEW YORK; R.-tOfO NO. 384~89~5, ~HEET 4-5.-FI OF 4~ ~/~ ~ROjECT: ELEVATION DATUM NAV~ ~ E:,UI~VEY b~ CME ~DCIATE~ EN~INEE~N~, I_AND ~UI~VEY1N~ $ A~2HITECT1JRE, PLLC DECK RE~AIR LOCATION: FI.~"IEI2~ I~L/NND - TOWN of ~OUTHOLD SUFFOLK COUNTY, NEW YOP-K, WA'r~I;L~VAY: RSHEP,.~ I~NND ~OUND ,AC~L 2.5. 2Ofl ,AC~L~C, cN'4T: NICHOLA~ N~ A,~ENT: SHEET .~ OF 4- EDOCI~CD, INC. B. Ne~lson, PE M~c, CT 06355 572 8~3~ FAX ~0 572 75~9 Keith Neilson, Docko Incorporated 7/29/2011 3:24 PM Noyes Deck Restorotion_3dwg E:NVELJJN~ CHAN~E.~ TO ~ROUNO ~P~DE,~ OR GRADI~NT ~ /J o~c~ ~ v~ / ~A ~ ~U~ ~ 1/ wo ~ ~ro~ ~ ~ I ~o~ 11 ~ rc ~o-~ ~ ~ . ....... , NO~- CT~, ~, DECK LO~5 ~D I~UMI~ON ~I¢~N~ ~ ~ECK I I , I DECK W/D~ V~ ~ N~ 5U~OPT~L POST ~I5~NG ~ING TO BE ~P~D / ~p) ~F~OR EL ~ ~U~E PEG~N~/ ~I~NG PE~I~E~ BENCH ~P~E ~N~E~ ~ NEEOE~ LIMtT~ OF / CO~T~iON~NE ~ r ~ TOBE~TO~O ~P~O~ A ~HED TO N~ ~O~ T ~ F~ED ~NG F~E OF HOUSE ~CAVA~ ONLY FOR N~ ~O~ POST ~ ~O O SP~E OF ~NC~I ~ECTION ~ -- I I I I ~PmR / ~T~E ~UF~ C~N~, N~ YO~ eMiT: NICHO~ N~ ~: ~HE~ OC' .~ ; , Keith Neilson, Oocko Incorporoted 7/29/2Oll 3:22 PM Noyes_Deck Restorot[on 4dwg