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Home My WebLink AboutTR-7735COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 June 28, 2012 Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: Luhrs Property- 1455 Bay Avenue, Mattituck SCTM# 1000-143-5-5 Dear Trustees: I am requesting an amendment to permit #7735 dated 2/22/12 to allow the installation of 18501b. manual boatlift davit at the offshore end of dock. I have enclo~d a copy of permit #7735 which allows the construction of the dock, project plans showing the davit and check #9146 in the amount of $50.00. If any additional information is needed, please do not hesitate to contact me. Permit Manager enclosures BOARD OF TRUSTEES TOWN OF SOUTHOLD J~ ,4.V/ T- .-~-- T,4 / / James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 July 18, 2012 Ms. Jane Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: JAMES LUHRS 1455 BAY AVE., MATTITUCK SCTM#143-5-5 Dear Ms. Costello: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 18, 2012: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7735 to allow the installation of a 1,850 lb. manual boatlift davit at the offshore end of the dock, and as depicted on the project plan prepared by Costello Marine Contracting Corp. dated June 11, 2012 and stamped approved on July 18, 2012. This is not a determination from any other agency. Sincere,~ c~, ' Jame~l~:. King, Presid~ Board of Trustees JFK:lms James F King, President Bob Ghosio, Jr.. Vice-President Dave Bergen John Bredemeyer Michael J. Domino PO. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~ /~11/1"~ }~ ~ 0 Costello Marine Contracting Corp. on behalf of JAMES LUHRS requests an Administrative Amendment to Wetland Permit #7735 to allow the installation of a 1,850 lb. manual boatlift davit at the offshore end of the dock. Located: 1455 Bay Ave., Mattituck. SCTM#143-5-5 0,~.q,, of area to be impacted: __Saltwater Wetland Freshwater Wetland Sound Bay Distan~c,e'of proposed work to edge of wetland P,,a,,t"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: PreseptNVere: ,"~J. King /'~. Ghosio ,-'~ Rr~J. Bredemey-~-r Michael Domino Form filled out in the field by __ D. Bergen, D. Dzenkowski other Mailed/Faxed to: Date: James Luhrs 1455 Bay Avenue ~attituck SCTM# 143-5-5 7/1112012 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE X __ Pre-construction, hay bale line __ Ist day of construction ½ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7735 DATE: FEBRUARY 22~ 2012 ISSUED TO: JAMES LUHRS PROPERTY ADDRESS: 1455 BAY AVENUE~ MATTITUCK SCTM# 143-5-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 of tile Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 22, 2012, and in consideration of application fee in the sum of $250.00 paid by James Luhrs 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' ramp up onto a 3'x70' fixed catwalk with a 3'x16' seasonal alumiaum ramp onto a 6'x20' seasonal floating dock secured by two 8" diameter anchor pilings; with the condition of the use of open grate decking; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated December 14, 2011, and stamped approved on March 16, 2012. 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. TERMS AND CONDITIONS The Permittee James Luhrs, residing at 1455 Bay Avenue, Mattituck, 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 Pein'fit 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 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 be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 22, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Jane P. Costello Costello Madne Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: JAMES LUHRS 1455 BAY AVENUE, MATTITUCK SCTM# 143-5-5 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 22, 2012 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of JAMES LUHRS 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 January 24, 2012, 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 Policies 6, 6.3 & 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the use of open-grate decking on the dock, the dock is proposed to be narrower than a standard dock; the proposed dock does not exceed the 1/3 rule; the proposed dock does not go out past the neighboring docks; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 22, 2012, 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 LUHRS to construct a 3'x20' ramp up onto a 3'x70' fixed catwalk with a 3'x16' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by two 8" diameter anchor pilings; with the condition of the use of open grate decking; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated December 14, 2011, and stamped approved on March 16, 2012. 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: $1,058.00 Very truly yours, King President, Board of Trustees JFK/eac James F. King, President Bob Ghosio. Jr.. Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1170 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 TO: JAMES LUHRS BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated January 24, 2012 has been reviewed by this Board at the regular meeting of February 22, 2012 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) __ ½ Constructed ($50.00) XX Final Inspection Fee ($50.00) XX Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee = $50.00 Fixed Catwalk = 3'x56'=168sq.ft. x $3.00 per sq.ff.=$504.00 Seasonal Ramp = 3'x16'=48sq.ft. x $3.00 per sq.ft.=$144.00 Seasonal Float = 6'x20'=120sq.ft. x $3.00 per sq.ft.=$36000 TOTAL FEES DUE: $ 1,058.00 \-L ¢727-~~ BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 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., February 15, 2012 the following recommendation was made: Moved by Derek Bossen, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of JAMES LUHRS to construct a 3'X 20' ramp up onto a 3'X 70' fixed catwalk with a 3'X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 8" dia. anchor pilings. Located: 1455 Bay Ave., Mattituck. SCTM#143-5-5 Inspected by: Derek Bossen, Doug Hardy Vote of Council: Ayes: All Motion Carried James F. King, President Bob Ghosio, Jr., Vice Presidenl Dave Bergen John Bredemeyer Michael J. Domino PO Box 1179 Southold. NY 11971 Telephone (631 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report JAMES LUHRS requests a Wetland Permit to construct a 3'X 20' ramp up onto a 3'X 70' fixed catwalk with a 3'X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 8" dia. anchor pilings. Located: 1455 Bay Ave., Mattituck. SCTM#143-5-5 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: ~4b-"~pt.275 Chapt. 111 other Type of Application: W~Wetland __Coastal Erosion ~Amendment .~Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: "' J. King ¥ B. Ghosio__ z--J. Bredemeyer. ~.-'~-Michael Domino Form filled out in the field by/ / ?, / c/ Mailed/Faxed to: Date: ~//D. Bergen, D. Dzenkowski other James Luhrs 6/16/I 1 N 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 To~ Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 22, 2011 Re: Proposed Wetland Permit for JAMES LUHR$ SCTM#1000-143-5-5 Costello Marine Contracting Corp. on behalf of JAMES LUHR$ requests a Wetland Permit to construct a 3'X 20' ramp up onto a 3'X 70' fixed catwalk with a 3'X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 8" dia. anchor pilings. Located: 1455 Bay Ave., Mattituck. SCTM#143-5-5 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 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, she//fishing, waterskiing and other water-dependant activities; · The dock stucture extends past the existinq dock line. Consider re-orientinq the float in the event the action is approved. · It is unclear if the dock meets the 1/3 rule. A distance to the intertidal marsh opposite the dock is not provided. The creek is narrow in this section. The seaward proiection of the dock does not include the width of the vessel as required by Chapter 275. A net loss in public use of waterways is expected as a result of the construction of the dock structure in/on public waterways. [5] Whether the dock will cause degradation of surface water quality and natural resources; What is the expected draft of a vessel moored at the proposed dock? Insufficient water depths could result in bottom scarring, turbidity and loss in marine species. [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wet/ands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; There is a hiqh 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. Limit grants, leases, easements, permits or lesser interest in /ands 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 Offlce UseOnly Coastal Erosion Permit Application ~ Wetland Permit Application __ Administrative Permit AmendmenffTmna fer/Extension ~ Receiv~ Application:~ ~_Rfceived Fee:$oQ~;'O~O ~ ' ~43ompleted Application t Incomplete SEQRA Classification: ]~pe I Type Il Unlisted _~oordination:(date sent) ~lShte of Inspection: ~ 1 Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~c46ublic Hearing __Resolution: JAN 2 4 Name of Applicant JAMES LUHRS Address 192 BETHLEHEM ROAD, NEW WINSOR, NY 12553 Phone Number:( ) 845.300.7892 Suffolk County Tax Map Number: 1000 - 143-5-5 Property Location: 1455 BAY AVENUE, MATTITUCK (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 Applicati~ GENERAL DATA Land Area (in square feet): $3,000 SQUARE FEET R-40 RESIDENTIAL LOW DENSITY AA Area Zoning: of property SINGLE FAMILY RESIDENCE Previous use : SAME Intended use of property: Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes X No X __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary):.Comm~ct a 3'xZ0' ramp up onto a 3'x70' l~Lxed catwalk with a 3'x16' seasonal aluminmn ramp onto a 6'x20' seasonal floating dock secured by two 8" diameter anchor piling. of Trustees Applicati~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To provide access to navigable waters. Area of wetlands on lot: 0 .square feet Pement coverage of lot: 0 % 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 Proposed slope throughout the area of operations:N/A Manner in which material will be removed or deposited: feet 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 are no vegetative wetlands on the project site. All construction debris will be contained and will not be allowed to enter the waterway. We do not expect any adverse effect on the wetlands or tidal waters of the Town. of Trustees Applicati~ County of Suffolk State of New York Jane P. Costello for CosteHo Marine Contacting Corp. 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 VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIScd DAY OF ~a~ua~ ,20. i ~ BRITTANY A. GENOINO Nota~ Public, State of New York No. 01 GE624§154 Quatitied in Suffolk Coun~ Commtssion Expires July 18, ~0 ! COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS -,2'3 F:F'?~ STREET P.O. BQX2124 o GREENPORT, NEW YORK11944 · (631) 477-1199 / 477-1393 / 477-0682· FAX,,(;3"',, '-"" ; AUTHOP~ZAT1ON FORM J O~anTe) - locatedat // f,~ .~ owner of (Business/Property N~me) do hereby give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property. 11 -I~ - [i Date Signature 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!.;c_=nt or Pro,iect Sponsor) 1. APPLICANT/SPONSOR [2. ROJECT NAME JAMES LUHRS ]L[ ~IRS DOCK 3. PROJECT LOCATION: Municipality MATTITUCK, SOUTHOLD TOWNSHIP aunty SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent land~ a~s, etc., or provide map) 1455 BAY AVENUE, MATTITUCK, NY 11952 SCTM #1000-143-5-5 LAT,'LONG: N:40.982/W:72.534 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct a 3'x20' ramp up onto a 3'x70' fixed catwalk with a 3'x16' sea secured by two 8" diameter anchor piling. 7. AMOUNTOF LAND AFFECTED: Initially 0 acres Ultimately 0 a res 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER ;(ISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly Applicant/sponsor name: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: PPJVAT~ EESIDENT~L WATEEFRONT 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OI (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and pem~it/a ARMy CORPS OF ENGINEERS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PEF [] Yes [] No If Yes, list agency(s) name and permit/; 12. AS A RESULT OF PROPOSED ACTION WILL EXISTiN( []Yes []No I ~ HFY THAT THE INFORMATION PROVIDED / OWNER onal aluminum ramp onto a 6'x20' seasonal floating dock j--'IA riculture [] Park/Forest/Open Space -']Other ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY ~!YSDOS, NYSDEC, TOWN OF SOUTHOLD IT OR APPROVAL? royals: VIOD FICATION? BEST OF MY KNOWLEDGE Date: action is in the Coastal Area, and Coastal Assessment Form before OVER 1 Reset PART II - IMPACT ASSESSMENT (T'6'be completed by Lead Agency) v A. DOES ACTION EXCEED ANY TYPE l THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. I'~ Yes r-]No, i , ' B. ~NILL ACTION RECEIVE COORDINATED REVIE~V AS PROVIDED ~OR UNLIS'~'ED ACTIONS IN 6 NYCRR, PART 61716? If No, a negative declaration may be superseded by another invoNed agency ~ r-lYes I--INe C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOVVlNG: (Answem may be handwritten, if legible) C1. Existing air quality, sur~aca or groundwater quality or quantity, noise levels, existing traffic potfam, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agrioultuml, archaeological, historic, or other natural or cutiuml resources; or community or natghbo~hoed charaoter? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? F_.x~lain briefly: C4. A community's e~sfing plans or goals as officially adopted, or a change in use or inteflsity of use of land or other natural msourcas? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposal action? Explain briefly: C6. Long term, short ~1 cumulative, or other effects not identified in Cl-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type Of energy)? Explain briefly: D, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No if Yes, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV RONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - Ue:TERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreachadv~rseeffectiden~edab~ve~detenninewhetheritissubatan~a~large~imp~ntor~th~signi~nt. Each effect should be assessed in connection with its (a) setting (Le. uf'oan or rural); (b) probability of ocourdng; (c) duration; (d) irreversibility; (e) gengmphic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations oontain sufficlant detail to show that all retevant adverse impacls have been identified and a(Mquataty addressed. If qusetion D of Part II was checked yes, the daterminatJon of significance must evaluate the potential impact of the proposed action on the environmental charactedatics of the CEA. [] LFhFe~an~rxe~ay7eu:~x~s.~v.~eentd~r~a~ran~i~.~rn~m~mpofan~da~lytarg~signit~ntadverseimpeotswhichMAY~ccor~ ThenprocaeddireotlytotheFUL[ [] Cbeck this box if You have determined, hesed on the information and analysis above and any supporting documentation, that tha proposed action WiLL NOT result in any significant adverse environmental ~npacts AND provide, on attachments as necassa~, the masons supporting this determination Name Of Lead Agency Print or Type Name Of Responsible Officer in Lead Agen~cy Signature of Responsil~la Officer in Lead Agency Date Title Of Responsible Officer SiGnature Of Preparer (if different from re~0one ~ole officer) =ART II - IMPACT ASSESSMENT {To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 6t 7.4? If ~s, cse~inate the rev;~w process and use the FULL FAF. ~lYes J'~'] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative [~] Yes ~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W~TH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. E.xlating ah' quality, smface or grmmdwalar quality or quantity, noise invels, exisUng traffic pattern, solid waste prnduc~en or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I C2. Aesthetic. agricultural, afchaenlagk:al, hieratic, or o(fler natural or cultural resources; or community ~r neighb~rhaod chamstor? Explain bdelly: C3. Vegetation ur fauna, fish, ~llish or wildlife species, significant habRa~s, or thmatenad or endangered species? Explain bdelty: I, ,,,, C4. A community s ex,stag plans ar goas as afl. ally adopted or a change in use or Intensity of use of land or other natural reseumse? Exptain Ixtefly C5. Growth. ~ubsequont de¥olepmont, or related acti~iti~ likel~ to be Induced ~ tho pmpo~ actlen? fixplain briefly: C~. Lor~ term. ~hurt term. oJmulati~, or other eff~:t~ not identified in C?. O~r "~c~ 'iinsiu~in~ chen~es in u~"~t";ither quantity or ~ of ~}t? ~[ain I~lafl~: l . ..... D. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF ~' 'CRITICAL ~I~eOslNME~I~___.~ALNeAR~EA ICEA? IIfyes, explain briefly: / E. I$ THERE, OR la THERE LIKELY TO BE1 CONTROVERSy RELATED TO POTEN~ ADV'-d~SE ENVIRONMENTAL [MPACTb~ If yes explain: PART III - D~-~ eRMINATION OF SIGNIFICANCE (To be ~ompleted by Agency) . INSTRUC110NS: F~reachadver~ee~e~ident~edab~ve~deterrninewhe~her~tissut~tant~at~a~ge~importa~r~s~n~nL Each effect should be assessed in connection with its (a) setting (i.e. urban or mini); (b) prababaity of occun~ng; (c) dura~on; (d) Irrevemibiflty; (e) ge<~Faphic scope; and (t) magnitude. If neoesse~y, add attachments or reference supporting matedats. Ensure that explonatiens eonfain yes, the dete{mlnation of rdgnlfmarme must evaluate the potential impact of the prolx~ed action on the environmental characteristics of the CFA. WILL NOT result in any rdgnlficent adverse environmental impacts ANO pro~dde, on attschments as neoesce~/, the maso~s supporling tht~ detemlktation. Board of Trustees Name of Lead Agency Date President Pdnt ur Ty~e Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparor (If different from rosponsibin officer} .lames F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bmdemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 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 JASON LUHRS COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, Jll..C.~4~l!t) ,rcsidingat/dba ~¢ot~ltO ~OJ/'lgg- being d~l~ s~,, ddpos~'~nd Ay: 1 That on tbe ~ day of ~bCLl.a.v~/ ,2012,. 1 personally posted the property known as b~ placing the goard 0f ~'~ust~es officfa~potst'er-wl~b it can easily be seen, and that I have checked to be sure the poster bas remained in place tbr eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed~ February 22~ 2012 on or about 6:00 PM. Dated: ~)-I ..~-I I ~" Sworn to before mc this ~O~'d ay of~ ,.-20 N o-tar'y Public 'Luhrs Posting 2/3 / 12 Luhrs PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS FEB 2 2 Name: Giacomo & Joan Ciccone Irrevocable Trust & Maria lannolo Irrevocable Trust William Snider Mattituck Park District Address: c/o Joan Clccone, 104 Arlington Street, Mineola, NY 11501 P. O. Box 599, Mattimck, NY 11952 P. O. Box 1413, Matfltuck, NY 11952 STATE OF NEW YORK COUNTY OF SUFFOLK Jane P. Co~tello, Permit Manager , residing at Costello Marine Contracting Corp. PO Box 2124. Gr~n~port, NY 11944 , being duly sworn, deposes and says that on the 14 day of Febranry ,20 12 , 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 ., that said Notices were mailed to each of said persons by CERTIFIED MAlL/RETURN RECEIPT. Sworn to before me this Day of "~£[~- ,20 Notary Public 7010 0780 0000 7010 07~0000 8660 · ..Oomp... _Item? % ~, ~nd 3. Also complete · Prim ~ur name and addre~ on the reverse so tha! we can tatum the card to you. Matti'tuck Park District P. O. Box 1413 Mattituck, NY 11952 2. Article Numar PS Form 3811, Februa~ 2~ ~Addressed to: William Snider P. O. Box 599 MaR/tuck, NY 11952 7010 0780 0000 8660 427P Domest/c Return i! 2. ~lcle Numar ~rans~ ~ se~ ~ PS ~. Fo~ 3811, Febm~ 2~ ~io n~m R~ · complete iteFO~s 9 L Nso complete item 4 If r Is desired. · Pdnt your name and ~eme so that we can return the card to you, · A~ach this card to the back of the m~lpiece, _~or on the front If spaCe permits, Article ~ms~ to: ., Giacomo & ~oan Cicconc Irrevocable Trust Maria lannolo Irrevocable Trust c/o Joan Ciccone 104 Arlington Street 7010 0780 DDD[ Mineola, NY 11501 3. ReCeived by ( prlnt6d Name) -- D. isdellve~yaddmesdlffemntfmmitanl? tf YES, enter dellve~ address below: [] ~ent n ~ Mall {{~:~Retum'Reoe{Pt for Mel~handise [] Irr'=u~ [] C.O.D. 4. ~ ~t~ ~ra ~) [] yes PS Fo~ 3811, February 2~4 ~c = NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: JAMES LUHRS SCTM# 1000-143-5-5 YOU ARE HEREBY GIVEN NOTICE: That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A 3'XZ0' RAMP UP ONTO A 3'X?0' FIXED CATWALK WITH A $'XI§' SESAONL ALUMINUM RAMP ONTO A 6'X20' SEASONAL FLOATING DOCK SECURED BY TWO 8" DIAMETER ANCHOR PILING. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1455 BAY AVENUE, MATTITUCK, NY 11952 o 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: Wed., Feb. ZZ, ~01Z at Opm . You 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 Luhrs MAILING ADDRESS: 192 Bethlehem Road New Windsor, NY 1195Z PHONE #: Enc: Copy of sketch or plan showing proposal for your convenience. f Lfihrs 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 Sonthold's website (southoldtown.nortlffork.ne0, the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 143 5 5 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: Construct a 3'x20' ramp up onto a 3'x70' fured catwalk with a 3'x16' seasonal aluminum ramp onto a 6'x20'seasonal floating dock secured by two 8" diameter anchor pilings. Location of action: 1455 BAY AVENUE, MATFITUCK Site acreage: 0.75 ACRES Present land use: SINGLE FAMILY RESIDENCE 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 LUHRS (b) Mailing address: 192 BETHLEHEM ROAD, NEW WINDSOR, NY 12553 (c) Telephone number: Area Code ( ).845.300.789:~ (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 Our proposed dock structure will provide access through the wetlands to navigable waters. This is a waterfront piece of properO, which the property owner would like to use its potentiM by accessing navigable water to engage in water dependent activities. ~ttacn a(l~ltlOnal SlaOeiS II 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 This proper(y has no significant historic resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [~ No ~-~ Not Applicable · Ii ' r the Town of Our proposal will not have any effects on the wsual qua O' or scemc resou ces within Southold. Attach additional sheets it necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No ~ Not Applicable Our proposal ~ill not have any intluence on the loss of life, structures ~nd naturM resources from flooding and erosion. 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 The proposal will not have ~my impact on the water quMiO~ or supply of the Town of Southold. Attach additional sheets ii 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 This proposal will not have a significant impact on the Town of Southold's ecosystem. Ail construction debris will be contained and all Best Management guidelines will be adhered to. Any disturbance that will occur will be only during construction. Once construction is complete the area with re-establish itself naturally. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~No~] Not Applicable This proposal will not have any impact on the air quali(y of the Town o£Southold. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~Yes ~ No ~-] Not Applicable This proposal will not degrade the environment with solid waste or hazardous substances. 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 Our proposal will not limit the public's ability to access coastal waters, public lands or public resources o£ the Town of Southold. The majori(y of the proposed dock structure is landward of the high watermark. The intertidal marsh is not ideal area for pedestrians. The dock extends approximately 55' seaward of the Iow water mark leaving plen(y of waterway for boats to pass. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [7lYes F~ No [~ Not Applicah,e This property has the remains nfl previous dock structure. Our proposal is an attempt to regain the accessibility In which the dock structure provides in order to engage in water-dependent activities such as kayaking, boating, fishing, swimming, etc... The owner would lIke to use this waterfront property to Its potential to engage in these activities. 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 The proposed dock structure will have no significant effects on the living marine resources. 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 This proposal will have no impact on the agricultural lands in the Town of Southold. 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 This proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11:20 AM JAN 2 4 2012 APPROVED BY ~.~o,.-o_-.=,:,-.-o-.,,,',',~,-:~'.~ BOARD OF TRUSTEES .,~::~,-. /.IL..~u~/! ~' x 70'¢,'e)'1 .... ~ ............ ~ .............. ......... THOMAS MA TARA~O SCALE: ~ S 80° 52' 00" E 384.98' ~C~At ,~4.5' DEED SECTION 1~ BL~K4 LOT 1 ~ DEED HYDROGRAPHIC MAP N Surveyed: 09-26-11 S~ SCT# 1000-143-5-5 W E James Creek, Mattituck Town: Southold Suffolk County, NY Datum: M L L W ~ ~.x-/$,'"' ~ ,' ~" = 20, Lot , ~/n - ~""' ~~'""~g ' ' c/°ck "//'" .- [, I ~ , .... .. ,,' , , , ~ -~ / .. . . ,0 .. . ,, '--~' / , /~ .' / ,, , ,, ,, GG-[- # 1000_14~_~_5 House # 1455 Ba~ Avenue JAN 2 4 20]2 James " Creek · "- ~' / ,' ~ ,'~ ,'b~ ~ "' ' '" b, (~ ~' " " 2~0' t,o ', o, pposl~e PARK ROBERT H. FOX ~IYS PL.S~ 5O197 PO Box# 366 quebogue NY 11931