HomeMy WebLinkAboutTR-7758 James F. King, President
Bob Ghosio, Jr., Vice-President
Dave Bergen
John Bmdemeyer
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
__ Pre-construction, hay bale line
__ 1st day of construction
½ constructed
__ Project complete, compliance inspection
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 7758 DATE: MARCH 21~ 2012
ISSUED TO: EUGENE BURGER 0050 WEST COVE RD.~ LLC)
PROPERTY ADDRESS: 1050 WEST COVE ROAD~ CUTCHOGUE
SCTM# 111-5-1
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 21~ 2012, and in
consideration of application fee in the sum of $250.00 paid by Eugene Burger (1050 West Cove Rd., LLC) 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 4'x123' fixed elevated catwalk, 3'x15' hinged
seasonal ramp, and a 6'x20' seasonal floating dock attached to the existing bulkhead;
and legalize the existing 12'x21' platform; legalize and reconstruct the existing landing
4'x5', and stairs 4'x6', all located along the seaward side of the bulkhead; with the
conditions of the use of open-grate decking over the inter-tidal zone; the ramp and float
are to be seasonal, to be installed no earlier than April 1st of each year and removed no
later than December 1st of each year; and steps up & over the dock for public access;
and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc.,
last dated April 25, 2012, and stamped approved on May 9, 2012.
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.
James F. Ki~
Nay
TERMS AND CONDITIONS
The Permittee Eugene Burger (1050 West Cove Rd., LLC), residing at 1050 West Cove Road,
Cutchogue, New York as part of the consideration for the issuance of the Permit does
understand and prescribe to the following:
That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and alt such suits initiated by third parties, and the said Permittee
assumes full liability with respect thereto, to the complete exclusion of the Board of
Trustees of the Town of Southold.
That this Permit is valid for a period of 24 months, which is considered to be the estimated
time required to complete the work involved, but should cimumstances 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 Pennittee 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
March 21,2012
BOARD OFTOWNTRUSTEES
TOWN OFSOUTHOLD
Matt D. Ivans
Suffolk Environmental Consulting Inc.
P.O. Box 2003
Bddgehampton, NY 11932
RE:
EUGENE BURGER (1050 WEST COVE RD., LLC)
1050 WEST COVE ROAD, CUTCHOGUE
SCTM# 111-5-1
Dear Mr. Ivans:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, March 21, 2012 regarding the above matter:
WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of EUGENE BURGER
(1050 WEST COVE RD., LLC) 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 February 2, 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 & 9.4 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
over the inter-tidal zone; the ramp and float are to be seasonal, to be installed no eadier
than Apdl 1st of each year and removed no later than December 1st of each year; steps
up & over for public access; and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on March 21, 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 EUGENE BURGER
(1050 WEST COVE RD., LLC) to construct a 4'x123' fixed elevated catwalk, 3'x15'
hinged seasonal ramp, and a 6'x20' seasonal floating dock attached to the existing
bulkhead; and legalize the existing 12'x21' platform; legalize and reconstruct the
existing landing 4'x5', and stairs 4'x6', all located along the seaward side of the
bulkhead; with the conditions of the use of open-grate decking over the inter-tidal zone;
the ramp and float are to be seasonal, to be installed no earlier than April 1st of each
year and removed no later than December 1st of each year; and steps up & over the
dock for public access; and as depicted on the site plan prepared by Suffolk
Environmental Consulting, Inc., last dated Apd125, 2012, and stamped approved on
May 9, 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: $ 50.00
Very truly yours,
Vice President, Board of Trustees
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 1179
Southold, NY 11971
Telephone (631 ) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO: EUGENE BURGER (1050 WEST COVE RD., LLC)
Please be advised that your application dated February 2, 2012 has been reviewed
by this Board at the regular meeting of March 21,2012 and your application has
been approved pending the completion of the following items checked off below.
XXRevised Plans for proposed project
__ Pre-Construction Hay Bale Line Inspection Fee ($50.00)
__ Ist Day of Construction ($50.00)
__ ¼ 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 ,J I I~ II ~-
~ -Il t.~
FEES DUE: $ 50.00~..~c)(~4vtS~
TOTAl_
BY: dames F. King, President
Board of Trustees
Division of Environmental Permits, Region One
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790.3409
Phone: (631) 444-0352 Fax: (631) 444-0360
Website: www.dec.n¥.,qov
23, 2012
Joe Martens
1050 West Cove LLC
C/O Eugene Burger
P.O. Box 326
Cutchogue, NY 11935-0326
Re: Permit No.: 1-4738-00938/00004
Dear PermJttee:
In conformance with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are
enclosing your permit. Please carefully read all permit conditions and special permit
conditions contained in the permit to ensure compliance durin9 the term of the petrol
If you are unable to comp!ywith any conditions please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project
site and protected from the weather.
Sincerely,
JRP/Is
N EV, ¥ OIq K STATE D£PARTM~t OF ENVII:~ONMENT.x ~
Facilit~ DEC ID 1~4738-00938
PERMIT
Under the Environmental Conservation Law (ECL)
Permittee and Facility Information
i050 WREST CO', E LLL
C/O EUGENE BURGER
PO BOX 326
CUTCHOGUE, NY 11935-0326
(631) 734-5217
· ;~,50 ",VE ,_ o ~ E LLL PRO~ 2i:LT\'
i050 WCOVE RD[SCTM 1000-!l !-05-001
CUTCHO,~,~,~, NY 11935
Facility Application Contact:
SUFFOLK ENVIRONMENTAL CONSULTING
[NC
PO BOX 2003
BRIDGEHAMPTON, NY 11932-2003
(631) 537-5160
Facility Location: in SOUTHOLD in SUFFOLK COUNTY
Facility Principal Reference Point: NYTM-E: 714.065 NYTM-N: 4542.625
Latitude: 41°00'24.2" Longitude: 7727'16.4"
Authorized Activity: Construct a catwalk, ramp and float. Remove and replace existing deck and
stairs. All work must be in strict conformance with the attached plans stamped NYSDEC approved
2/22/12. ARNO-DEP (JRP)
Permit Authorizations
Tidal Wetlands - Under Article 25
Permit ID 1-4738-00938/00004
New Permit Effective Date: 2/22/2012 Expiration Date: 2/22/2017
Water Quality Certification - Under Section 401 - Clean Water Act
Permit ID 1-4738-00938/00005
New Permit Effective Date: 2/22/2012 Expiration Date: 2/22/2017
Excavation & Fill in Navigable Waters - Under Article 15, Title 5
Permit ID 1-4738-00938/00006
New Permit Effective Date: 2/22/2012 Expiration Date: 2/22/2017
Page 1 of 7
NEW YORK STATE DEPART~T OF ENVIRONMENTAL
Facility DEC ID 1-4738-00935
NYSDEC Approval
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, all applicable regulations, and all conditions included as part of this
permit.
Permit Adn,inistrator: MARK CARi~,-~2A, Deput) ~xcg~onai i>ermit Administrator
Address: NYSDEC REGION 1 HEADQUARTERS
SUNY ~ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY 11790 ~3409
Authorized Si gnatul:e: /,~/~.~.c~-____
Date
Distribution List
SUFFOLK ENVIRONMENTAL CONSULTING INC
Habitat - TW
JACQUELINE R PASQUINI
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
WATER QUALITY CERTIFICATION SPECIFIC CONDITION
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMIT:
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits.'~'°' TIDAL WETLANDS; WATER QUALITY CERTIFICATION;
EXCAVATION & FILL IN NAVIGABLE WATERS
1. No Interference With Navigation There shall be no unreasonable interference with navigation by
thc work herein authorized.
2. Conformance With Plans All acti~,ities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved plans were prepared by Suffolk Environmnental dated 1/I 0/12.
Page 2 of 7
NEW YORK STATE D
Facility DEC ID 1-4738-00938
~ OF F. NVI£ONS~ENTA~ ~
injury to the structure or won< herein authorized wh/ch may be caused by or result frown miure operations
undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no
claim or fight to compensation shall accrue from any such damage.
4. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alteration in the 0osition of the structure or work herein authorized, or if, in the ooinion of the
of said waters or flood ~lows or endanger tl;c health, sa2x,; o~ , .~are ot'tSe peopie of ~h~ ~ ~e. or cause
loss or destruct/on of the natural resources of the State, th~ owner may be ordered bv the D:partment to
remove or alter the structural Work, obstructions, or hazards caused thereby without'expense to the State,
and if, upon the expiration or revocation of this permit, the structure, fill, ~xcavation, or other
modification of the watercourse hereby authorized shall not be completed, the owners, shall, without
expense to the State, and to such extent and in such time and manner as the Department of
Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill
and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall
be made against the State of New York on account of any such removal or alteration.
5. State May Require Site Restoration If upon the expiration or revocation of this permit, the project
hereby authorized has not been completed, the applicant shall, without expense to the State, and to such
extent and in such time and manner as the Department of Environmental Conservation may lawfully
require, remove all or any portion of the uncompleted structure or fill and restore the site to its former
condition. No claim shall be made against the State of New York on account of any such removal or
alteration.
6. Precautions Against Contamination of Waters Alt necessary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
7. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous
location on the worksite and adequately protected from the weather.
8. Notice of Commencement At least 48 hours prior to commencement of the project, thi~ permittee
and contractor shall sign and return the top portion of the enclosed notification form certifying that they
are fully aware of and understand all terms and conditions of this permit. Within 30 days of c~mpletion
of project, the bottom portion of the'form must also be signed and returned, along with photographs of
the completed work.
9. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from
construction of this project shall be completely removed from the adjacent area (upland) and removed to
an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.
10. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
11. Storage of Equipment, Materials The storage of construction equipment and materials shall be
confined to the upland area landward of the bulkhead or on a barge.
Page 3 of 7
NEW YORK STATE DEPARTIT OF ENVIRONMENTAL
CONSERVA
Facility DEC ID 1-4738-00938 '~'
12. Seedin~ Disturbed Areas Ali areas of soil disturbance resulting from the approved project shall be
stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior
to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours
or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or
jute matting until weather conditions favor germination.
14. Dock, Catwalk Size Dock or catwalk shall not exceed 4 feet in width and shall be a minimum of 3
feet above grade (as measured from ground to bottom of dock/catwalk decking) over tidal wetland areas.
15. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment
not specifically approved by the Department for use in wetlands and/or marine waters, is strictly
prohibited in the construction of structures that will be in contact with tidal waters.
lb. No Floats, Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or be stored in
any vegetated tidal wetland.
17, Float Installation The float shall be installed only at the approved location With a minimum water
depth of 2½ feet, measured at apparent low tide.
18. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or
underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest
that the Department will issue a permit for such activities in the future.
19. Docks at Property Lines Docks/catwalks/floats must not:
a. eXtend laterally beyond property lines,
b. be placed so that docked boats extend laterally over adjacent property line,
c. interfere with navigation, or
d. interfere with other landowners riparian rights.
20. Pilings at Property Lines Pilings shall not:
a. extend laterally beyond property lines,
b. be placed so that docked boats extend laterally over property lines,
c. interfere with navigation, or
d. interfere with other landowners riparian rights.
Page 4 of 7
NEW YORK STATE DEI?ARTMI~OF~' ENVIRONMENTAL CONSERVATIt
Facili~ DEC ID 1-4738-00938
WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS
1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies
that the subject project will not contravene effluent limitations or other limitations or standards under
Sections 301,302. 303. 306 and '~07 ,~fthe Cle~. x.Vo*~r a o* ~,e 1 o'y~ ~or 9~-'~ t'7~ .~m, ~ed *h~* ~1! or ~*-~
GENERAL CONDITIONS - Apply to ALL AuthOrized Permits:
1. Facility Inspection by The Department The permitted site or facility, including relevant records, is
subject to inspection at reasonable hours and intervals by an authorized representative of the Depm'tment
of Environmental Conservation (the Deparlment) to determine whether the permittee is complying with
this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301
and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
~. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by thc Department, issuance of this permit does not modi~, supersede or rescind any order
or determination previously issued by the Depa~'tment or any of the terms, conditions or requirements
contained in such order or determination.
3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
Any renewal, modification .or transfer granted by the Department must be in writing. Submission of
applications for permit renewal, modification or transfer are to be submitted to:
Regional Permit Administrator
NYSDEC REGION 1 HEADQUARTERS
SUNY ~ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY I 1790 -3409
4. Submission of Renewal Application The permittee must submit a renewal application at least 30
days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable
Waters, Tidal Wetlands, Water Quality Certification.
Page 5 of 7
NEW YORK STATE DEPART~T OF ENVIRONMENTAL CONSERVA~
Facility DEC ID 1-4738-00938 ~
$; Permit Modifications, Suspen~ion~ snd Revoc~tic,,,: b.~ tb~ Dep~',rtme~:t The Department
resetw'es th, ri~t to exercise all available authority to m.: dify, suspend or reveke this peru:it. The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
b. failur~ by the permittee to comply with any terms or conditions of the permit;
c. excccc:ag ti'.: scope or tixe prc~,~ ao describe,~ m ti,c } c:~nt a~,?~ication;
d. newly discovered material information or a material change in environmental conditions, relevant
technology or applicable law or regulations since the issuance of the existing permit;
noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indenmification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the
Department of Environmental Conservation of the State of New York, its representatives, employees,
and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the
permittee's acts or omissions in connection with the perrnittee's undertaking of activities in connection
with, or operation and maintenance of, the facility or facilities authorized by the permit whether in
compliance or not in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits, actions, or damages to the extent at~ibutable to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of
their responsibility to comply with this permit, including all special conditions while acting as the
permittee's agent with respect to the permitted activities, and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-
way that may be required to carry out the activities that are authorized by this permit.
Page 6 of 7
1N£W YORK STA~I'I( D G-
Facility DEC ID 1-4738-00938
} OF ENV!ROS;_M?;TAL CO.X
This penuit does not convey to the permittee any rignt to trespass upon the lands or interfere with the
riparian fights of others in order to perform the permitted work nor does it authorize the impairment of
any rights, title, or interest in real or personal property held or vested in a. person not a party to the
permit.
Page 7 of 7
10500WEST COVe, LLCPrope~y Proposed Dock Assembly
Situate: 1050 West Cove Road; Cutchogue; Town of Southold, New York - SCTM #: 1000 - 111 - 05 - 001
PROPOSED FLOATING DOCK lc3 o'w x
Drawn by: mdi
Adapted from the Hydroom vh;c., _ ~ ~M;'P-. of sub~e~ct_ proEerty, as prepared bv t~ OBER I' H. fOX
Prepared for regulatory submission.
= -,~ ~MEN ,L£(~NSULYING, IN('
PO 3ox 2003 · Bridgehampton · 4, ~i922
(631) 5S7- 5160 {pi;one) ~ (631) 537 - 5291 (fa,zsimiie)
L
I ST CO LLCProperty
Proposed Dock Assembly
Situate: 105o West Cove Road; Cutchogue; Town of Southold, New York - SCTM #:
1000-- 111--05-001
ELEVATION VIEW
Scale: 1.0" ---- 10.0' +
NOTE: Refer to Site Plan View & Hydrographic Map for all underwater elevations.
158.0'_
_[
123.0'±
EXISTING PLATFORI~ --
EXISTING STAIRS & LA3ID1NG {to be reconstrmeted) --
AHW
LEVATED CATWALK
(4.0'W x 128.0'L]
EXISTING GRADE
PROPOSED DOCK
[6.0'W x ,} PROPOSED HINGED RAMP
(3.0'W x 15.0'L]
Proposed pilings [8.0' ~I')
AHg,--
NOTE: Distance fi-om seav:ard terminus o{'proposed Do(;k to opposite shoreline o£Cutchoguc Harbor measures ~, 30T ±
NOTE: Distance fi'om landward ternfinus of proposed Dock to existing Dwelling (southwestern corner) measures SO :) 2
Date: bnuarv 10, 2012
&dapted from it~
SUFFOLKE, \h,ONNIkNIAL~'ONStiLff NG INC.
. ....5~, 5160 b' ~,~e,~ ~ ':!il ~:,,, ~(,~.~:.:~ ~,
10 0 WEST CO VE, LLCProperty Proposed Dock Assembly
Situate: lO50 West Cove Road; Cutchogue; Town of Southold, New York - SCTM #: 1000 - 111 - 05 - o01
CROSS VIEW
No Scale
AL\V
o
, TRFAD
'- '"t ldvp:
LEDGER
[CROSS-BtC~CE
_.--::\<7- ........
PILING
ICE-
BREAHER
PILING
(8.0" typical'
PROJECT DESCRIPTION:
Applicant proposes to construct a Proposed Dock Assembly along
the western shoreline of the property itl order to provide tJractica]
access to Cutchogue Harbor and waters beyond. The proposed
structure is to consist of the fnlloxving:
(l)
Elevated Catwalk (3.0' wide x 123.0' long) secured with
thirty-eight (88) Pilings (@ 8.0"qb) and nineteen (19) Ice-
Breaker Pilings (located between outer Pilings);
Hinged Rmnp ($.o' wide x 15.0' long); and
Floating Dock (~.0' wide x 20.o' long) secured by three ($)
Pilings (~ 8.o" ~).
Existing Beach Stairs & Landing to be reconstructed.
All materials to be non-treated, and all hardware to be hot-dipped
galvanized.
All soundings to be referred from the Apparent Low \Vater mark.
Date:
Scale:
P: , ~ :.y:
Adaptei:t,.r~.,eH,drogra? 2cMaI_,o~ :biectproperty, asvrei_.aredk,,:,:5::~. : ;;;.
Prepared for reo. ulator¥ submission.
P C'. ~ox 2c03 , 5~ ¢~;~i~ampton · N'?. 11932
{63i) 537 - 5160 (phc,~ - ;631 S3/ 52:1
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 Doug Hardy, seconded by William McDermott, it was
RESOLVED to NOT SUPPORT the Wetland Permit application of EUGENE BURGER
(WEST COVE, LLC) to construct a 4'X 123' fixed elevated catwalk, 3'X 15' hinged ramp
and a 6'X 20' floating dock attached to the existing bulkhead; and legalize the existing
12'X 21' platform; legalize and reconstruct the existing landing 4'X 5' and stairs 4'X 6' all
located along the seaward side of the bulkhead.
Located: 1050 West Cove Rd., Cutchogue. SCTM#111-5-1
Inspected by: Derek Bossen, Doug Hardy
The CAC does Not Support the application and recommends a mooring. A dock of this
size and length would interfere with lateral shoreline navigation and small craft navigation
especially in windy conditions and because of the functional obsolescence of docks in this
area.
Vote of Council: Ayes: All
Motion Carried
James F. King, President
Bob Ghosio, Jr, Vice-President
Dave Bergen
Michael J. Domino
P.O. Box I 179
Southold, NY 11971
Telephone (631 765-1892
Fax (631 ) 765-6641
Southold Town Board of Trustees
Field InspectionNVorksession Report
Date/Time: //./? z~' 2.0,3' /~ :~
EUGENE BURGER (WEST COVE, LLC) requests a Wetland Permit to construct a 4'X 123'
fixed elevated catwalk, 3'X 15' hinged ramp and a 6'X 20' floating dock attached to the
existing bulkhead; and legalize the existing 12'X 21' platform; legalize and reconstruct the
existing landing 4'X 5' and stairs 4'X 6' all located along the seaward side of the bulkhead.
Located: 1050 West Cove Rd., Cutchogue. SCTM#111-5-1
Type of area to be impacted:
__Saltwater Wetland Freshwater Wetland
Sound
Distance of proposed work to edge of wetland
P,a~. of Town Code proposed work falls under:
,_,~hapt.275 __ChapL)l other
Type of Application: t/Wetland Coastal Erosion ~Amendment
__Administrative__Emergency Pre-Submission __~Violation
Info needed:
Modifications:
Conditions:
Present Were: .~,,ij. King . Ghosio ~'DD. Bergen,
"'"J'~Bredemeyer ,-'"' Michael Domino
Form filled out in the field by ..],
D. Dzenkowski
other
Mailed/Faxed to:
Date:
SITE DATA
lO5O WEST COVE, LLC Property
Situate: Io5o \Vest (ore Road; (utchogtie; Fown of Sottthold, New '5ork
SCTM~: 1ooo Ill- o,5-ooi
o.5o WEST CO VE, LLC Property
Situate: 1050 West Cove Road; Cutchogue; Town of Southold, New York
SCTM#: 1oo0-111-05-001
Photograph indicating the current conditions along the western shoreline (top of
bnlkhead) and the approxi~nate location of the proposed dock structure situated off the
platform. Photograph taken from the southwestern section of subject property, facing
sot~thwest, overlooking Cutchogue Harbor.
1050 WENT CO VE, LLC Property
Situate: 1050 ~,¥est Cox~e Road; Ct~tchogt~e; To,~n ofSouthold, Nex~ York
SCTM#: lOO0-111-o5-o01
(])/lOtO l~l~;t?~! 0~1 JllHltl~? 9~ 20] ~)
Photogq'aph indicating the ct~rrent conditions along the western shoreline and the
approximate location of the proposed dock strt~cture situated off the platform.
Photograph taken from the shoreline of subject property, lacing southeast, along
Cutchogue Harbor~
1050 WF~T CO VE, LLC Property
Situate: 1050 ~Yest Cove Road; Cutchogue; Town of Southold, New York
SCTM #: 1000- 111 -05-00]
Photograph indicating the current conditions along the western shoreline and the
approximate location of the proposed dock structure situated off the platform.
Pt~otograph taken from the shoreline of subject property, facing northwest, along
Cutchogue Harbor.
o.5o WEST CO VE, LLC Property
Situate: 1050 V~rest Cove Road; Cutchogue; Town of Southold, New York
SCTM #: 1000- 111 -05-001
( t~t~oto talfe~ (;~ ,],~t~ l, ,9, 2012)
Photograph indicating the c~arrent conditions to the north of subject property along the
western shoreline. Photograph taken from the shoreline of subject property, facing
northwest, along Cutchogue Harbor.
lOorO WEST CO VE, LLC Property
Situate: 105o XVest Cove Road; Cutchogne; Town ofSouthold, Nex~ York
SCTM #: 1ooo- 111 -05 -ool
( Pholo la,~:en ou ,lawnman? 9, £~019)
Photograph indicating the current conditions to the south of subject property along the
western shoreline. Photograph taken from the shoreline of subject property, facing
southeast, along Cntchogue Harbor.
N
111
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E~ 2322 Main Street, P.O. Box 2003, Bridgehamptou, New York 11932 2003
(631) 537-5160 Fax: (631) 537-5291
Bruce Anderson, M.S.. President
HAND DELIVERED
April ~25, ~201~2
Mrs. Lauren Standish
Board of Trustees
Town Hall
P.O. Box 1179
Southold, NY 11971
,APR 2 6 20 2
Re:
Situate:
SCTM #:
lO5O WEST COVE, LLC Property
lO5O West Cove Road; Town of Southold, NY
1000-- 111 --05 -001
Dear Ms. Standish,
As per the request by the Town of Southold Board of Trustees concerning the above
referenced matter, please find attached:
(1) Revised Proposed Dock Assembly Plan, prepared by SUFFOLK
ENVIRONMENTAL CONSULTING, INC., last dated April ~25, ~201~2,
indicating the requested revisions (i.e., indication for the use of Open-Grate
top decking over the intertidal zone; indication that the proposed floating
dock & hinged ramp will be used seasonally; and clarification that the
existing stairs off the existing bulkhead landing are to be utilized by any
potential shoreline pedestrian traff~c for pass/re-pass) (three/-$'] sets).
Kindly review these items and issue the requested permit at your earliest opportunity.
Should you have any questions, please tbel ti~ee to contact this office with any questions.
Thank you as always for your attention and consideration.
Sincerely,
Matt D. Ivans
attachment
cc: E. Burger
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: March 21, 2012
Re:
Proposed Wetland Permit for EUGENE BURGER (WEST COVE, LLC)
SCTM#1000-111-5-1
The proposed action is located within a New York State Department of State Significant Fish
and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary
Critical Natural Resource Area.
Suffolk Environmental Consulting, Inc. on behalf of EUGENE BURGER (WEST COVE, LLC) requests
a Wetland Permit to construct a 4'X 123' fixed elevated catwalk, 3'X 15' hinged ramp and a 6'X 20'
floating dock attached to the existing bulkhead; and legalize the existing 12'X 21' platform; legalize and
reconstruct the existing landing 4'× 5' and stairs 4'× 6' all located along the seaward side of the
bulkhead. Located: 1050 West Cove Rd., Cutchogue. SCTM#111-5-1
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, as well as the records available to me, it is my recommendation that the proposed action is
INCONSISTENT with the LWRP and listed policy standards provided below,
The property enjoys access to Cutcho.que Harbor (public waters of New York State) currently yin
the opportunity for a moorinq (see aerial). The dock is proposed to proiect into an existin.q
moorin,q field.
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, shellfishing, waterskiing and other water-dependant activities;
The 158' dock will impede and hinder the use of the public waters for recreational activities
includinq boatinq, fishinq, shellfishin.q and other water dependent activities. The dock is
proposed to project into an existin,q moorin,q field. (see fl.qure 2)
Figure 2. Existing mooring field (yellow circles mark moorings) relative to dock location
Additionally, chapter 275 requires that the determination of the lenqth of the dock must include
the dimensions of the vessel. The dimensions of a vessel are not specified.
The dock structure lenqth in relation to the adiacent existinq dock structures lenqths are not
shown
[3] Whether the dock will unduly interfere with transit by the public along the public beaches or
foreshore;
The AHW mark is shown as close to the bulkhead. A 4' deck heiqht proposed at the mid-tide
line from grade. The dock structure will be difficult for the public to naviqate when the beach is
flooded at hi.qh tide. The ability of the public to naviqate the stairs is unknown.
[6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and
wildlife habitats;
The proposed action is located within a New York State Critical Environmental Area. At the
discretion of the Board of Trustees, any operations proposed in critical environmental areas
(§ 275-2) may be subject to more stringent requirements than detailed in this section. Such
requirements may include, but are not limited to, denial of certain operations, shortening or
reducing the size of structures, and increasing the width of non-disturbance buffers. The
proposed dock structure will result in the fraqmentation of marine environments.
[7] Whether the dock will result in the destruction of or prevent the growth of vegetated
wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima)
or shellfish;
This question has not been addressed
[11] Whether the cumulative impacts of a residential and commemial dock will change the
waterway or the environment and whether alternate design, construction, and location of the
dock will minimize cumulative impacts; and
The continued construction of dock structures within a Siqnificant Fish and Wildlife
Habitat/Critical Environmental Area will affect the public use of the area, and declrade the
ecoloqical quality of the area throu.qh introduction of contaminants, disruption of marine life
habits etc .... Correspondingly, physical and functional loss to wildlife has been found to occur
through the loss and/or impairment of habitat, disruption of habits and migration patterns
(structure and activity) and introduction of harmful contaminants. The most common contaminant
associated with docks is wood preservatives impregnated into the wood used to prolong the life
of a dock. Three trace metals; arsenic, chromium and copper are the most common. These
three metals have the greatest potential to increase in estuarine environments from docks
(Sanger and Holland 2002).
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.
No such facilities are proposed or discussed.
9.3
Preserve the public interest in and use of lands and waters held in public trust by the
state and the Town of Southold.
Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance
with an assessment of potential adverse impacts of the proposed use, structure, or facility on
public interest in public lands under water.
The extension of the dock structure will result in a net decrease in public access to/on public,
underwater lands.
9.4 Assure public access to public trust lands and navigable waters.
A. Provide free and substantially unobstructed passage along public trust shorelands.
E. Provide access to, and reasonable recreational use of, navigable waters and public trust
lands under water.
2. Permit limited obstruction of public use, including navigation, in navigable waters:
A moorincl field occurs in the area providing temporary private use of the public waters.
3. Obstruction of navigable waters and underwater lands is limited:
b. to the minimum necessary for access to navigable waters. The minimum is
determined by evaluating the fo/lowing factors:
(ii) the range of tidal water level fluctuation,
The water depth within the proposed location of the dock terminus is
shown as 2.8 feet which is limitinq for many types and sizes of vessels.
Essentially due to limited water depth, alternative to moorinq boats should
be required (Moorinq).
A larqe vessel moored at the terminus of the dock will result in bottom
scarrinq.
(vi) whether or not alternative means to gain access are available.
The applicant presently enjoys access to the waterbody via an existin,q
moorinq opportunity. Due to the shallow water depths and environmental
sensitivity of the area...moorin,q of vessels are more appropriate in this
area.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
Office Use Only
__Coastal Erosion Permit Application
X Wetland Permit Application
__Amendment/Transfer/Extension
~,~ Received Application: I [ ~1 I ¥~'
W~ -Received Fee:$ "~x~k~ '
~ Completed Application: ~ ~1 ~ ~r
__ Incomplete:
SEQRA Classification:
Type I Type II Unlisted_
__Coordination(date sent)
~.f LWRP Consistency Assessment Form:
~"-CAC Referral Sent: oh4 .'~ [ I_h>
~'"~Date of Inspection: ~.;T\ I~-~ ~ ,~
__Receipt of CAC Report:
__Lead Agency Determination
__ Technical Review:
~¥ublic Hearing Held: ,~ ~ I ~ ~-
Resolution:
__ Administrative Permit
Name of Applicant
Address
Suffolk County Tax Map Number:
Property Location:
Eugene Burger (1050 WEST COVE, LLC)
P.O. Box 326; Cutchogue, NY 11935
Phone Number: (631) 734 - 5217
1000- 111-05- 001
1050 West Cove Roadi Cutchogue, New York
(provide LILCO Pole #, distance to cross streets, and location)
AGENT:
(If applicable)
Address:
MATT D. IVANS (~ Suffolk Environmental Consulting, Inc.
P.O. Box 2003~ Bridgehampton, NY 11932
Phone: (631) 537 - 5160
of Trustees Application
GENERAL DATA
Land Area (in square feet):
Area Zoning:
67, 247 square feet
R-40
Previous use of property:
Intended use of property:
Residential.
Residential with proposed docking facility.
Covenants and Restrictions:
If "Yes", please provide a copy.
Yes X No
Does this project require a variance from the Zoning Board of Appeals
Yes X No
If "Yes", please provide copy of decision.
Will this project require any demolition as per Town Code or as determined
by the Building
Dept. Yes X No
Prior permits/approvals for site improvements:
Agency Date
X No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a governmental agency?
X No _Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
Applicant wishes to construct a Proposed Dock Assembly off the existing bulkhead along the
western shoreline. The Proposed Dock Assembly is to consist of an Elevated Catwalk (4.0' W
x 123.0' L), a Hinged Ramp (3.0' W x 15.0' L) and a Floating Dock (6.0' W x 20.0' L).
Additionally, applicant wishes to legalize/clarify the existing platform* (12.0' W x 21.0' L),
& legalize~clarify~reconstruct the existing landing* (4.0' W x 5.0' L) & stairs* (4.0' W x 6.0' L)
all located along the seaward side o£the bulkhead. All materials to be non-treated.
NOTE: Referring to the attached survey of subject property, prepared by V.4N TU2'L and
SON, dated April 1~, 1979, please note that these structures have existed hereon for almost a
min)mum of forty (~0) years without any form of adverse impact to the surrounding
~rd of Trustees Application
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purposes of proposed activity:.
Applicant wishes to construct a Proposed Dock Assembly off the existing bulkhead along the
western shoreline. The Proposed Dock Assembly is to consist of an Elevated Catwalk (4.0' W
x 123.0' L), a Hinged Ramp (3.0' W x 15.0' L) and a Floating Dock (6.0' W x 20.0' L).
Additionally, applicant wishes to legalize/clarify the existing platform* (12.0' W x 21.0' L),
& legalize/clarify/reconstruct the existing landing* (4.0' W x 5.0' L) & stairs* (4.0' W x 6.0' L)
all located along the seaward side of the bulkhead. All materials to be non-treated.
Area of wetlands on lot: 0.0 square feet
Percent coverage of lot: 0.0 %
Closest distance between nearest existing structures and upland
edge of wetlands: 0.0 feet (existing bulkheaa)
Closest distance between nearest proposed structures and upland
edge of wetlands: 0.0' ± feet (proposed new dock)
Does the project involve excavation or filling?
X No Yes
If Yes, how much material will be excavated? 0.0
How much material will be filled? 0.0
Manner in which material will be removed or deposited:
.(cubic yards)
(cubic yards)
Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by
reason of such proposed operations (use attachments if appropriate):
No impact to the wetlands are anticipated due to the project meeting all typical
environmental regulatory requirements (i.e., elevation over wetlands~ adequate water depth;
use of non-treated materials). Additionally, review of the surrounding shoreline indicates a
substantial number of existing dock structures that have existed harmoniously along the
shoreline without any discernible impact to the surrounding environment.
Board of Trustees Application
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity:
Are wetlands present within 100 feet of the proposed activity?
No Yes
Does the project involve excavation or filling?
No Yes
If Yes, how much material will be excavated?
How much material will be filled?
Manner in which material will be removed or deposited:
(cubic yards)
(cubic yards)
Describe the nature and extent of the environmental impacts reasonably anticipated resulting
from implementation of the project as proposed. (Use attachments if necessary)
14-16-4 (9/95)-Text 12
PROJECTI.D. NUMBER
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
I. APPLICANT/SPONSOR 2. PROJECT NAME
Suffolk Environmental Consuhin~, Inc. 1050 WEST COVE, LLC Property
3, PROJECT LOCATION:
Municipality TOWD of Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map)
1050 West Cove Road; Cutchogue; Town of Southold, New York (SCTM #: 10004 11-05-001)
5. IS PROPOSED ACTION:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Applicant wishes to construct a Proposed Dock Assembly off the existing bulkhead along the western shoreline. The Proposed
Dock Assembly is to consist of an Elevated Catwalk (4.o' W x 123.o' L), a Hinged Ramp (3.o' W x 15.o' L) and a Floating Dock (6.o' W x
2o.o' L). Additionally, applicant wishes to legalize/clarify the existing platform (12.o' W x 21.o' L), & legalize/clarify/reconstruct the
existing landing (4.0' W x 5.o' L) & stairs (4.0' W x 6.o' L) all located along the seaward side of the bulkhead. All materials to be non-
treated.
7. AMOUNT OF LAND EFFECTED:
Initially 0.1 acres Ultimately 0.1 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[]Residential [-IIndustrial []Commercial []Agriculture []Park/Forest/Open space [--IOther
Describe:
Single family residential dwellings with related appurtenances, including dock structures.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT
AGENCY (FEDERAL, STATE OR LOCAL)?
[] Yes [--INo If yes, list agency(s) and permit/approvals
Army Corps of Engineers General Authorization; New York State Department of State General Concurrence; Town of
Southold Board of Trustees Wetlands Permit.
l I. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals
] 2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No
I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: _M~J~Ivans - Suffolk Environmental Consulting, Inc. Date: __February 1,2012
If the action is in the Coastal Area, and you are~tate agency, complete the Coastal
Assessment Form before proceeding with this assessment
OVER
PART II- ENVIRONMENTAL ASSESSMENT (To be completed by A~enc¥)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127
use the FULL EAF.
[] Yes [] No
I[ yes, coordinate the review process and
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If
No, a negative declaration may be superseded by another involved agency.
[] Yes [] No
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be
handwritten, if legible)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, amheological, historical or other natural or cultural resoumes; or community or neighborhood
character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain
briefly:
C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resoumes?
Explain bdefly:
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly:
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
I-lYes []No
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If yes, explain briefly
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant.
Each effect should be assessed in connection with its (a) setting (La. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference suppotting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D
of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the
environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed
directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the
proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the
reasons supporting this determination:
Name of Lead Agency
Print or Type Name of Responsible Officer
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency
officer)
Signature of Preparer (if different From responsible
Date
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.4? If yes, coon~inate the review process and use the FULL FAF.
[3Ve [ZINc
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No. a negative
dedaralion may be superseded by another Involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W1TH THE FOLLOWIHO: (.Nt~wers may be handva~en, If lagibie)
C1. F-3dsting air quarry, surface or gmuadwatef quality or quantity, noise levels, existing traffic pattern, solid waste produc~on or disposal,
potential for erosion, drainage or flooding problems? Explain bde~.
C2. Aesthetic, agricultural, arc~s~A,a;,~;, ~;a~.~,;~, or other ua~uml or cultural resoume$; or cemmunlty or neighlxat~ood ¢flareclaf? Explain briefly:
C3. V~a,a~,[;~n or fauna, lish, ~,~';r.,;, or.;;GiA= species, significant habitats, or threatened or endangered sbecies? F~?!~!~ briefly:.
C4. A '~"'~i'i"nlty'e ~--~ia;$~ Plans or goals as o,T,~.~;iy aG.,pi~J, or a change Iff use or ~tensi~y of use of land or other natural msooroes? ~in ~:
C5 Growth, - h~_ uent development or related activities likely to be induced by the proposed action* Explain briefly
C6. Long term. shorlterm, cumulative, orothereffectsnotidentiliedinC1.CS? Explainbdefly:
C7. Olher impacts ~lduding cflanges in use of either quantity or type of e~,~ ~77 Explain bdefl~c
WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICA
ENVIRONMENTAL AREA (CEA ?
[] Yes [] Ne I (if yes, explain,briefly:
I
PART lit - i~e, ~;;;ATION OF S~HiFegANCE {To be completed by Agency) .
INSTRUCrnoNs: F~ each adverse effect identified above, daten'nine whether it is substantial, laq~e, Impertant or othemase slgnacanL Each
effect should be assessed in ccone~ion with its (a) eaang (i.e. urban or rura0; (b) probability of ocoutflng; (c) deratis~; (d) krevers~lr~, (e)
~s~gmphic scope; and (f) magnitude. If ne~easmy, add attachments or referem~ supporting mateflals. Ensure that explanatlens ~on~n
suffid~ent detail to chow that all reidvant advarea impacts have been ldefllified and adequatsly addre~ed. If question d of pert i wea checked
ye~, the de{em~lnatldn of slgnlrmanco must evaluate the potendallmpact of the pmpma~ action m the environmental charactsdstiss of the CEA
Clmck this bex ff you have delermlned, based ea the infonnatico and a~ above and any suppo~ng dm:tme~atlon, ~t ~ ~ ~
WILL NOT resuff in any slgnlflcanl adverse envfmnmontal impacts AND prmdde, off attsdmaents aa eacessa~y, the mantis ~ ~.~
detemlina~on.
Board of Trustees
Name of Lead Agency
Print ~ T~ Name of Re~nsible ~r in L~d Agen~
~na~of Ro~o O~mr ~ Le~ ~'
Date
President
Trde of Responsible Officer
Siguagore of Preparer (If different ~'om respons/ble officer)'
Town of Southold
QErosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM
1000- 111- 05 - 001 THEFOII~ACTION~MAYREQUIRIETHESUBMISSIONOFA
SCOPE OF WORK - PROPOSED CONSTRUCI1ON
a. V~ is the Tolal Area o~ Ihe Proie~t Paroel~?
(In¢~ Total A.~a of MI Paroe~ Io~t~:~ within 1.S acres
th~ ~ of Work fo~ P.:q~osed
b. ~t ~ ~ t~ ~a of L~ C~a~
a~ G~ ~ fo~ ~ ~ < 0.001 acF~,
PROVIDE BRIEF PROJECT DESCRIPTION
Applicant wishes to construct a Proposed Dock Assembly
off the existing bulkhead along the weste_rn shoreline.
The Proposed Dock Assembly is to consist of an Elevated
Catwalk (4.0' W x 123.o' L), a Hinged Ramp (_R.o' W x 1~.0'
L~and a Floating Dock (6.o' W x 2o.0' L). _Additionally~
applicant wishes to legalize/clarify the existing ?]atform
02.0' W x 21.0' L), & legalizelclarifylreconstruct the
existing landing (4,0' W x g.o' L) & stairs (4.0' W x 6.0' L)
all located along the seaward side of the bulkhead . A
materia_Js to be non-treated.
l'rfN # / WORKASSF_.SSbB?.NT
Will this Protect Retain All St~xTn-Wete~ Run-Off
Generated by a T~ (2') I~ ~ ~ S~?
(~ item ~ I~ aa ~ff ~t~ by ~e
~ ~ ~ ~ as ~ as alt
Site I~e~ a~ ~e ~ ~ea~ of
Dm~ ~ I~ ~ze & L~a~ This
~ s~e~ ~ ~ ~ ~ This
~ ~t ~ ~in~ ~ ~
~ Pe~
4 ~11 ~ P~ R~m any L~d F~ling. ~di~ ~
Ex~va~ ~e ~ is a ~ to ~
E~ ~e Inv~i~ ~ ~n 2~ Cu~ Y~ds
of Mat~ ~n ~y Pa~
5 ~1 ~ ~ R~m Le~ ~s~ A~svi~es
E~ an ~ ~ Exes of Five Thou~nd
(5,~ SF) Squ~ F~t ~ ~ Sudan?
6 Is ~em a Nat~ Wat~ ~ Ru~ ~h ~
SEe? Is ~ P~ ~n ~e T~t~
~ ~n One HU~ (1~') f~ of e We~ ~
B~?
7 we ~ro be Sile preparation on ExJs~ng Grade Slopesi"~ /
which Exceed Flftee~ (15) feet of Ver~c~l Rise to I I
One Hundred (t00') of Ho~o~ta~
8 W'dl Di'tveways, Peddng Areas or ~ ImPeriOUs
Surfaces be Sloped to Direct St0~rmWater Run-Off
into and/o~ in the directio~ ofe Tow~ right-of, way?
9 will this Project Require ~e Ptaceme~t of Material,
Removal of Ve~ ond/o~ 5~e ~ of any
Item Wt~ln I~e Town Right-of-Way o~ Road Shoulde~
S'FATE OF NEW YORK, SUFFOLK
COUN~' OF ......... ss
BRUCE A. ANDERSON @ ~0'~'~'(~[~
· ENVIRONMENTAL CONSULT NG NC
1 hat I ............... i}4~.~,;.&,~.~.~6 ............. ~'~mg duJv sworn, de~)~s alia sa)% flla{ he/she is die ]pphc~ll h~ t)cnnlL
AGENT
Owllel ~l~Ol leplesellla~ve ol file O~iel
make ~]d file diis applKadon; d-*al all s~tements con.ned in ~is application me ~e Io d~e t~sl of his kilm~ed~e aua I~lief: and
thai Ibc wo:k ~511 tx. I)erfbrmed in the manne~
FORM - 06110 Comm~ss~or~ Exphes jaliuary 22, 2~/~
Suffo Environmental Consulting, nc.
Newman Village, Suite E. 2322 Main Street. P.O. Box 2003. Bridgehampton New York 11932 2003
(631) 537-5160 Fax: (631) 537-5291
Bruce Anderson, M.S., President
February 13, 2012
Ms. Lauren Standish
Board of Trustees
Town Hall
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM #:
1050 West Cove, LLC c/o Eugene Burger
1050 West Cove Road; Cutchogue
Town of Southold, NY
1000 - 111-5-1
Dear Ms. Standish,
As you know this Firm represents the owner of the property referenced above
who is seeking to improve thereon. As per the hearing requirements of the
Southold Board of Trustees I enclose herewith:
Affidavits of Mailing dated February 10, 2012, with certified
receipts attached to alt abutting property owners.
Please be advised that we will forward to you the green receipts cards as
we receive them. Should you have any questions concerning this matter, please
feel free to contact this office at any time. Thank you in advance for your
attention and consideration.
Sincerely,
Diane K. Wassick
enc.
cc: Mr. Burger
Name:
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Address:
SEE ATTACHED
STATE OF NEW YORK
COUNTY OF NEW YORK
Diane K. Wassick c/o Suffolk Environmental Consulting¢ Inc.,
residing at 2322 Main St.; Newman Village Suite E; P.O. Box
2003; Brid~eham~tonf ~Y 11932 ,being duly sworn deposes and
says that on the /0-M~ day of ~~ , 20/~L~ , deponent
mailed a true copy of the Notice set forth in the Board of
Trustees Application, directed to each of the above named persons
at the addresses set opposite their respective names; that the
addresses set opposite the names of said persons are the address
of said persons as shown on the current assessment roll of the
Town of Southold; that said Notices were mailed at the United
States Post Office at Bridgeham~ton , that said Notices
were mailed to each of said persons by (certified) (registered)
mail.
Sworn to before me this
day~~ , 2012
N o/a Zy Public
Vork
i '
1000-111-5-2 - 1350 W. Cove Rd
Thomas Gluckman
Roby Bluckman
Attn: Fownes
16 E 34th Street, 5th Floor
New York, NY 10016
1000-111-2-12- 930 W. Cove Rd
Martha Paul
930 W. Cove Road
P.O. Box 734
Cutchogue, NY 11935
1000-111-3-18 - 875 W. Cove Rd
Ross & Donna Mongiardo
110 Wetherhill Road
Garden City, NY 11530
1000-111-3-15 - 1025 W. Cove Rd
Raniero & Lidia Daversa
26 Reed Drive
Roslyn, NY 11576
1000-111-3-14- 1125 W. Cove Road
Carl E. JulI-Nielsen
Patricia Cadavid
95 Hunters Drive
Muttontown, NY 11791
1000-111-3-13.1
Sara Trefman
1255 West Cove Road
Cutchogue, NY 11935
Certified Fee ~,.¢j~ ~
..~.~,~,F~e ~2.~(v FEB 1"~ 2012
(Endorsement Required)
~j,~;;;~ ............ ~ .................... :~: ................
[3' Postage ~'(:~
rt Certified Fee ~ '~ P I
~ (Eudorsement Requ red) ~'~ t
..1- Total Postage & Fees
Postage
Certified Fee
f~.65
$2.~ /
~0.00 k
$5.~J --
FEB ~"~ Z012
m
Postage
Cerldied Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
..................... /l_o___~___~' ' ........ .~ ..................
Ci~ State, ZIP+4
JAN 2 3 ?.012
· ~N~UL'1IYOUR L~WYER BEFORE SIGNING THIS INSTRU~,IENT-THI~ INSTRUMENT SHOULD BE USED BY LAWYEgS ONLY
Tltl ],~¢gENTURE, made the day of . .
BETWEEN Joan T. Kelly Qualified Personal Residence Trust, 10S0 West Cove Road,
Cutchogue, NY 11935 by Peter Kelly and David P. Kelly, as Trusteest
~adyof[he first pad, and 1050 West Cove Road, LLC, 2215 Pin~ Tree Road, Cutchogue,
NY 11935
pad7 of Ihe ~ecor~d pad, ~
WITNESSETH, that Iha pa, dy of the first part, In conslderaflon of ...... ......
..... · -. dollars
paid by Iha pady of lhe second pad, does hereby grant and release unto the party of (he second ]~art, Ihe belts
or successors and assigns of the pady o[ the second part forever,
ALL tha~. cedaln plol, piece or parcel of land, wllh the buildings and improvements thereon erecled, "ilua!e,
lying end being Jn tbs See Exhibit A armexed for 'legal description
Being ~nd intended to be the same premises conveyed in Deed recorded in
Libor 12616, Page 861.
Premises known as 1050 West Cove Road, Cutchogue
with all right, title and Jnterest, Jf any, of he party of the fi~H pad in,and to any streets and roads
abutting th~.~.b?e described premlse~ito the con er nazi th~t~of; TOGET~'R'wJ[h the appudenances and all
the e,stal~ a,,q~ .rights. 0! th? party g!Jfi~ first part in: a~d t~) said P;'~j~'~Sl TO:HAVE AND TO HOLD the
prpmlses net~m grantee unto the par~y et Ihe second part, the heirs D? ~uc~essors and assigns of the party of
the second pad forever.
AND the pady o[ thB first part covenants that the pady of the first part has not done or suffered anything
whereby the said premises have been encumbered In any way whatever, except as aforesaid.
AND the pady of lba first par[, ir~ compliance with SecUen 13 D'f the Llen Law,. covenants that the party o~ the
first pert will receive the consldBration for this conveyance and will hold the rlghl to receive such consideration
as a trust fund to be applied tlrst Ior the purpose of paying the cost of the Improvement and wilJ apply the same
~rst. to the. ,pa~m~e'n! ~[ he cast ,pr ibc Improvement beC'ore LiS]rig any par[ of the Iolal of th~ ,~m,=, rnr ~,',....*~.,.
USE ON y HE T NOW ED " A
~nty of ~'~ ~ ~ L.) ss: State of New York, County of
ndersJgoed, personally appearedpeteT Kelly
,t evidan~ Io be Iha individual(s) whose n~me(s) i~
~cfibefl Io Iha wllhln Jns~rumenl and acknowledged [o
~(he/she/lhey execuled lhe ~ame in his/hedheir
~,~ly(leS), and Iha[ by his/herAhe r slgnalure(s) on the
~f~m~at, the lndMd~a~(s) 'or the person upon behalf ~f which
(e JndJw~ua (s) acled, execuled the ~nskumenL
( gnalure and~ce of individual taking a~kno~ledg~e~'0
'~ ~UDJlC, State of N~ ~
NO. 4815940
Oua~ in 8u~olk Co
Commi~ ~pir. Nov ~O J ~
~ WHEN THE ~cK~OW~EDGMENT,¢S MADE OU~SiDE
~ ' ': NEW yoRK STAll
[e (or Distdct of Columbia, Terdto~, or Foreign Count~) of
the day of Jn the ~ar before me, Ihe undersigned, Personally appeared
anally kn~wq 1o ma of proved to me on th~ basi~ of salisfa~o~ evidence to be the individual(s) whose name s
mribed [0 ~he'W~h[n?OS{~umen and acknowJe~dad t me t '
b~ h s~er/Ih~lr Signature(s1 on i.., ..... ~:z?, .: ,~a he/sheah~y execuled the sa e' h sm*~/~2; ~ ~. ).. s (are)
ns,,. ....... =.u ma{ sac~ individual ~'~de s~ch anne~r[-~- ~;~e?~n up~,,~j[ of which he Individ~al(s)
.~ u~,u~e me unoarsl dod '1
(need the CJly or elher poli[l~l S~b~ivbion) - In
{and Inse~ (he Sm[e er Counl~ or o~her pta~ lhe acknowledgment was taken~'
(signature and o~ et Individual taking a~now[sdgmen~
personally' known Io me or proved lo me on the basis Of
sallsfaciory evidence to be Ihe individual(s) whose name(s) is
(are) sUbScribed to the wJlhln Inatrumenl anc~ acknowledged [o
me thai he/she/they executed the same in his/her/thek
capacJly(les), and that by his./herAhair aignature(s) on the
ins/~UmenL the individual(s), Or Ihe person upon behalf of which
Ihe individual(s) acted, exbcutad [he Inelrumem.
(signature and office of Individual takJ~-g acknowledgment)
,~AIN AND SALE DEED
:OVENANT AGAINST GRANTOR'S ACTS
P, ~LLT and PETER ~<~LL~ as Tru--~tees
rust
~est Cove Road, LLC
lled by
TOPAZ
ABSTRACT
cO~o~___._____AT~O ~
SECTION 111.00
BLOCK 0S.00
LOT 001. 000
COUNTY OR TOWN Cutchogue, Southold
STREETADDRESS1050 West Cove Road
Recorded at Request of
COMMONWEALTH LAND TITLE INSURANCE COMPANY
~ . RETURN By MAIL TOL
William C. Goggi=s, Esq. "
13105 Main Road
Mattituck, NY 11952
VISTA LAND SERVICES
,ommitment Number: VA1-11312
SCHEDULE A
PROPERTY DESCRIPTION
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING at Nassau Point,
Town of SouthoId, County of Suffolk, State of New York, being the westerly part of the northerly 200 feet of the
"Ciara Barclay" plot as Shown on the map of Nassau Point No. 156, being more particularly bounded and
described as. fo lows:
BEGINNING at a point On high water mark of Cutchogue Harbor and the southerly side of a certain 10 foot strip
of Jand adjacent to Lot 281 as shown on "Amended Map of Nassau Point, owned by Nassau Point Club
Pr0pedies, Inc." filed in::the Suffolk County Clerk's Office at Riverhead, New York;
RUNNING thence along the southerly side of said 10 foot strip, north 79 degrees 58 minutes 20 seconds east
218.79 feet to the southerly revised line of Northwest Loop;
THENCE along said southerly revised line of Northwest Loop, on a curve to the left whose chord runs south 84
degrees 29 minutes east 46.61 feet;
THENCE along said revised southerly line of Northwest Loop, on a line parallel to the original line as shown on
said map north 79 degrees 58 minutes 20 seconds east 125.80 feet to a concrete monument;
THENCE along said re~;ised southerly lien of Northwest Loop, on a curve to the left whose chord runs south 71
degrees 50 minutes east 79 feet to a concrete monument on the westedy side of private road, 15 feet in width;
THENCE along the westerly side of said private road, south 43 degrees 44 minutes west 247.34 feet to a
codcrete monument;
THENCE south 79 degrees 58 minutes 20 seconds west 223 feet to said high water mark of Cutchogue Harbor;
THENCE along said high water mark of Cutchogue Harbor the following two courses and distance;
1. Nodh 17 degrees 44 minutes 14 seconds west 109.56 feet;
2. North 23 degrees 55 =minutes 53 seconds west 90.10 feet to the point or place of BEGINNING.
TOGETHER with a dght of way to ali points 15 feet in width over the said pri~/ate road from Northwest Loop
soOtherly to the southeasterly corner of the premises herein described and as described in right of way and
rel~air agreement in Liber 9978 Page 385.
Board of Trustees Application
County of Suffolk
State of New York
EUGENE BURGER (1050 WEST COVE, LLC) BEING DULY SWORN
DEPOSES AND AFFIRMS TIlAT HE/SHE IS TItE APPLICANT FOR TItE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF IllS/HER KNOWLEDGE AND BELIEF, AND TItAT ALL WORK
WILL BE DONE IN TIlE MANNER SET FORTH IN TIlIS APPLICATION AND AS MAY
BE APPROVED BY TIlE SOUTItOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO IIOLD TItE TOWN OF SOUTIIOLD AND THE TOWN TRUSTEES
IlARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS
APPLICATION, I HEREBY AUTIIORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(SO, TO ENTER ONTO MY PROPERTY TO INSPECT TIlE
PREMISES IN CONJUNCTION WITIl REVIEW OF THIS APPLICATION.
SWORN TO BEFORE ME THIS
Signature
Notary Public
CONNIE D. BUNCH
Notao/Public, State o~ New York
No. 01BU6185050
Qualified in Suffolk County
Commission Expires April 14, 2 C"3Jc)--
Board of Trustees Application
County of Suffolk
State of New York
BRUCE A. ANDERSON - Suffolk Environ. Consulting~ Inc. BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE 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
HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS
APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S0, TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.
SWORN TO. FORE T.IS
jqot. ai-y Public
Board of Trustees Application
AUTHORIZATION
(where the applicant is not the owner)
EUG-ENE BURGER (lO5O WEST COVE, LLC) residing at Cutchogue; Town of Southold
(print owner of property) (mailing address)
New York
do hereby authorize
Consulting, Inc.
Southold Board of Town Trustees on my behalf.
(Owner's signature)
Suttblk Environmental
(Agent)
to apply for permit(s) from the
OWNER'S ENDORSEMENT
(TO BE SIGNED IF APPLICANT IS NOT OWNER)
STATE OF NEW YORK)
COUNTY OF SUFFOLK/ SS:
EUGENE BURGER
being duly sworn, deposes and says; I rc~de at.
CUTCHOGUE
In the County of SUFFOLK and the state of NEW YORK, and
I am the (owner in fee) (officer/agent of the Corporation which is owner in fee)
of the premises described in the foregoing application and that I have
authorized.
SUFFOLK ENVIRONMENTAL CONSULT1NG~ INC.
to make the foregoing application as described herein.
Signature
tf ('orporation, name of corporation and Officer
Officer's Title
Before me, this ~dav of
Nol, a r~y Public
APPLICANTIAGENT/REPRESENTATIVE 2 § 2012
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics nmhibits conflicts of interest on the oart of town Officors and emnlovees. The nurt~s~ of
Ibis form is to omvide information which can alert the town of t~ossible conflicts of interest and allow it to take whatever action is
fleeessarv to avoid same.
(Last name, ~'t name, ~niddle initial, unlL4s you are applying in the name of
someone else or other entity, such as a company. If so, indieato, the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee
Change of Zooe Coastal Erosion
Approval of plat Mooting
Exemption from plat or official map Planning
Other
(If"Other", name the activity.)
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
of the Town of Southgld? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business,
including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation
in which the town officer or employee owns more than 5% ofg)e shares.
YES No [ /
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title Or position of that person
Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check
the appropr ate llne A) through D) and/or describe in the space pm~ided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the corporate stock of the applicont
(when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation);
__C) an officer, director, parme?, or employee of the applicant; or
__D) the actual applicant..
DESCRIPTION OF RELATIONSHIP
Form TS I
Submitted this ~ 5 day of~ 5°--~_~ 20~/_~L
Signature ~_,~_~
Print Name
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 auy question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 111 05 001
The Application has been submitted to (check appropriate response):
Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees []
l. Category of Town of Southold agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature
and extent of action:
Applicant wishes to construct a Proposed Dock Assembly off the existing bulkhead along the
western shoreline. The Proposed Dock Assembly is to consist of an Elevated Catwalk (~.0' W x
1~$.0' L), a Hinged Ramp ($.0' W x 15.o' L) and a Floating Dock (6.0' W x 20.0' L).
Additionally, applicant wishes to legalize/clarify the existing platform (1~.o' W x ~1.o' L), &
legalize/clarify/reconstruct the existing landing (4~.0' W x 5.0' L) & stairs (~.0' W x 6.0' L) all
located along the seaward side of the bulkhead. All materials to be non-treated.
NOTE: Referring to the attached survey of subject property, prepared by VAN TUTL and SON, dated April 15, 197~, please note
that those structures have existed hereon for almost a rrdnimum of forty (40) years without any form of adverse impact to the
surrounding environment.
Location of action:
Site acreage:
~1~50 West Cove Road; Town of Southold,~
1.5 acre _+
Present land use: Improved w/single family dwelling and related appurtenances.
Present zoning classification: R - 40
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: 1050 WEST COVEt LLC
(b) Mailing address: P.O. Box 326; Cutchogue~ NY 11935
(c) Telephone number: Area Code ( 631 ) 734 - 5217
(d) Application number, if any: N/A
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [] No [] If yes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section llI- Policies; Page 2 for evaluation
criteria.
[] Yes [] No [] Not Applicable
Subject proposal is consistent with the policy in that the sitin.q and utilization of the proposed dock assembly
will maintain the character of the surroundin.q nei.qhborhood, which currently consists of many similarly-
improved residential lots with similar accessory structures (i.e. dock assemblies alon.q Cutcho,que Harbor).
Additionally, subject proposal will be in harmony with the "...beneficial use of a coastallocation...' in that
the le.qally created residential waterfront (i.e. coastal) lot will be enhanced by the inclusion of the
proposed dock assembly in order to access the cont.quous surface waters. Accord n.q y, we believe that
this proiect is consistent with this policy.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No [] Not Applicable
Subject proposal is not applicable to this policy in that it will have no impact to any potential historic and/or
archaeo o.q ca resources within the surround ngl area.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 5 through 7 for evaluation criteria
[] Yes [] No [] Not Applicable
Subject proposal will not adversely impact the visual quality of the surroundin.q area in that the surroundin.q
area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of
equal, if not .qreater, size and scope. Scenic resources, assumedly views of Cutcho.que Harbor, are not at
risk due to the proposed dock assembly bein.q typical of the character of this section of waterfront.
Accordinglly, this proposal will comply with Policy 3.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[] Yes [] No [] Not Applicable
Subject proposal will fully comply with Policy 4 Jn that the proposed dock assembly is desi.qned to be
comparable in desi.qn and scope as that of the surroundingl dock assemblies, which have not resulted in
loss of life, structures, and natural resources within this area. Accordingly, this proposal will comply with
Policy 4.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
[] Yes [] No [] Not Applicable
Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply
within the surroundin.q area.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria
[] Yes [] No [] Not Applicable
Subject DroDosol will maintain the quality of the surroundingl ecosystem in that the proposal is typical of this
section of Cutcho.que Harbor, which has not resulted in significant effects to the surrounding ecosystem.
Accordingly, this proposal will comply with Policy 6.
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
Subject proposal is not applicable in that the proposal is simply to improve subject property with a dock
assemblv which will not result in any form of adverse effects to air quality, Accordin~tly, this proposal is
not applicable with this policy.
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
Subiect proposal is not applicable in that the proposal does not involve disposal and/or transportation of
solid waste, hazardous waste, toxic pollutants, petroleum products.
Attach additional sheets if necessary
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria
[] Yes [] No [] Not Applicable
Subject proposal is not applicable to this policy in that the proposal is attendant to a private dwellin.q.
Re.qardless, this proiect will not impede any access to the surface waters in and around subject property
and/or become detrimental to the recreational use of the surroundin.a resources.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in
suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria
[] Yes [] No [] Not Applicable
Subject proposal is applicable in that a water-dependent use (i.e. access to surface waters; boatin.q) is
bein.q sited onto a waterfront parcel, however, with re.qards to this Policy's concerns with marinas,
aquaculture, etc..., this proposal is not applicable due to this proposal involvin.q only a private dockinq
assemblv.
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
Subject proposal is not applicable in that the proposal does not involve any form of marine resource
mana.qement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc..
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
[] Yes [] No [] Not Applicable
Subiect proposal is not applicable in that the proposal does not involve a,qricultural lands (i.e, the
conversion of farmland, the establishment and/or maintenance of new coastal a,qricultural production,
etc...)
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
Subiect proposal is not applicable in that the proposal does not involve the conservation of ener.q¥
resources on a commercial level and/or the promotion of alternative ener,q¥ sources, proper maintenance,
of fuel stora,qe facilities and/or the extraction of mineral extraction
Attach additional sheets if necessary
Created on 5/25/05 11.'20 AM
Suffolk Environmental Consulting, nc.
Newman Village, Suite E. 2322 Main Street, P.O. Box 2003. Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631 ) 537-529 I
Bruce Anderson. M.S., President
Via Federal Express
February 1, c201~2
Ms. Lauren Standish
c/o Board of Trustees
Town Hall Annex Building
54575 Route ~25
Southold, NY 11071
Re:
Situate:
SCTM #:
lO5O WEST COVE, LLC Application
lO5O West Cove Road; Town of Southold, NY
1000- 111-05-001
Dear Ms. Standish,
As per our discussion regarding the above referenced application, specifically the
revisions requested concerning the legalization/clarification of the existing platform,
and the legalization/clarification/reconstruction of the existing landing & stairs, please
find enclosed for your review:
(1) Revised Town of Southold Trustees Wetlands Permit Application
(original and two ~2] copies);
(~2) Revised Short Environmental Assessment Form (original and two ~2~
copies);
($) Revised Local Waterfront Revitalization Program application (original
and two E~2] copies);
(4) Revised Town of Southold Erosion, Sedimentation & Storm-Water Run-
OITAssessment Form (original and two ~'2] copies);
(5) Revised Plans, prepared by Suffolk Environmental Consulting, Inc., last dated
February 1, ~20 p2, indicating all project specifications (three ['$] sets);
(6)
Copy of the Survey of the property, prepared by I/AN TUTL and SON, dated
April IS, 197~g, indicating (highlighted) the existence of the aforementioned
platfbrm, landing and stairs (three ~S~ copies).
Hammarth/
2
Please finalize your review and schedule before the next available Trustees Board
meeting this month for discussion and subsequent permit issuance. Should you have
any questions regarding this matter, or require additional information, please feel free
to contact this office at any time. Thank you in advance for your cooperation.
Sincerely,
enc.
cc: E. Burger
Suffolk Environmental Consulting, Inc.
Newman Village. Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New' York 11932-2003
(631) 537-5160 Fax: (631) 53%5291
Bruce Anderson, M.S.. President
January 11, ~201'2
Ms. Jill Doherty, Chairwoman
Board of Trustees
Town Hall
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM #:
Dear Ms. Doherty,
HAND DELIVERED
JAN 1 1 2012
lOorO WEST COVE, LLC Property
lO/JO West Cove Road; Town of Southold, NY
1000-- 111--05-001
This Firm represents the owner of the property referenced above, ~vho is seeking all
required regulatory approval to construct a docking assembly along the western
shoreline thereon. Consequently, approval from your Board is required. Please find
enclosed herewith for your review:
(1) Town of Southold Trustees Wetlands Permit Application (original and
two Ee~ copies);
(~2) Short Environmental Assessment Form (original and two E~ copies);
(8) Local Waterfront Revitalization Program application (original and two
[~2~ copies);
Town of Southold Erosion, Sedimentation & Storm-Water Run-Off
Assessment Form (original and two [~2~ copies);
(,5) Location Map for reference (three [82 copies);
(6) Photographs of subject property, indicating the conditions thereon, as well as
the rendering of the proposed dock assembly (three f':3~ sets);
(7) Proposed Plans, prepared by Suffolk Environmental Consulting, Inc., dated
January 10, ~20P2, indicating all project specifications (three [$~ sets);
Hammarth/ 2
(8)
Hydrographic Map of subject property, prepared by ROBERT H. FOX, L.S.,
last dated December S, eO11, indicating the conditions thereon (three E$~
prints); and
(.9) Check made payable to the Town of Southold in the amount of $~250.00
covering the requisite application fee.
By way of this correspondence, and on behalf of the owners, I request that you
commence review of this application and schedule before the next available Trustees
Board meeting for discussion and subsequent permit issuance. Should you have any
questions regarding this matter, or require additional information, please feel free to
contact this office at any time. Thank you in advance for your cooperation.
Matt D. Ivans
cc: E. Burger
10.~o WEST CO VE, LLC Property ~ Proposed Dock Assembly
Situate: 1050 West Cove Road; Cutchogue; Town of Southold, New York ~ SCTM #: 1000 - 111 - 05 - 001
SITE PLAN VIEW
ScaLe: LO" = 400.0' _+
Date:
Scale:
Drawn by:
Comments:
APPROVED BY
BOARD OF TRUStees
~,~ C~ .?,~ '~ ' x,
b
~'~ PROPOSE~ ELEVAI~D CATWALK
~ ~ 14.o~ · ~S.O'~
PROPOSED FLOAT~G DOCK IS~SON~L
{6.0'W x 20.0'/~
Is~sosa
lanuaw 10, 2012 :~. Z 7~ ~01L / ~tt ~t ga ~ SUFFOLK ENVIRONMENTAL CONSULTING, INC.
As per view
mdi
P.O. Box 2003 · Bridgehampton · NY · 11932
Adapted from the Hydrographic Map of subject prope~y, as prepared by ROBERT H. FOX
Prepared for re~ulato~ submission. (631) 537 - 5160 (phone) ~ (631) 537 - 5291 (facsimile)
APR 2 6 2012
/ OF
lOa OWEST CO VE, LL¢ Property Proposed Dock Assembly
Situate: 1050 West Cove Road; Cutchogue; Town of Southold, New York ~ SCTM #: 1000 - 111 - 05 - OO1
ELEVATION VIEW
Scale: 1.o" = lO.0' _+
Open Grate Decking to be used over Intertidal Zone {i.e., Thru-Fl0w or similar]
[~ ~8.o'_+ %% ,
EXISTING PLATFORM
~ ~ 20.0'-+ _ I I,-. 123.0'-+ (forpas$/re p s
' ' ~ ~PROPOSED ELEVATED CATWALK
' L~ 15.0'-+
', ~ : ,I % (4.0'W x 128.0'L]
II
~PROPOSED FLO kTING DOCK AHW
[0.0'W x 2D.0'LI -~- PROPOSED HINGED RAMP
ISE^SONAL USg} [$.0'W x 15.0'LI ALW~
ISEASONAL USEI
P~oposed pil~g$ ~8.O' ~)
NOTE: Existing Stairs along Bulkhead Landing to be utilized for shoreline pedestrian access [pass/re-pass].
NOTE: D~stance from seaward ~erminus o£proposed Dock to opposke shoreline o~Cu~chogue HarSor measures I~, $00' ±.
NOTE: Distance from landward terminus o~proposed Dock ~o existing Dwelling/southwestern corner/ measures so.o' +.
Date: lanuarv ~0, ~0~2 '~. 27. Zo~V_--~///~zt ~, ~z~ SUFFOLK ENVIRONMENTAL CONSULTING, INC.
Scale: As per view ~
Drawn by: mdi
Comments: Adapted from the Hydro§raphic Map of subject proper~v, as pre~ared by ROBERT H. FOX P.O. Bo× 2003 · Bridgehamp~on · ~y · lJ.9~2 ~. O~
Prepared for regulatory submission. (631) 537 - 5].60 (phone) ~ (6~1) 537 - 529]_ (facsimile)
lO..qO WEST CO VE, LLC Property Proposed Dock Assembly
Situate: 1050 West Cove Road; Cutchogue; Town of Southold, New York ~ SCTM #: 1000 - 111 - 05 - 0Ol
CROSS VIEW
No Scale ' ' TR F. zk[ PROJECT DESCRIPTION:
! I ,5 -F' tvpicai Applicant proposes to construct a Proposed Dock Assembly along
~ 0' / _llah%~'~::*i) the western shoreline of the property in order to provide practical
.- access to Cutchogue Harbor and waters beyond. The proposed
::::::::~:'--'--'-Jl - structure is to consist of the following:
/~~--8 LEDGER (1) Elevated Catwalk (~.0' x~ide x 1~25.0' long)secured with
thirty-eight (88) Pilings (@ &O"qb) and nineteen (19) Ice-
(~2) Hinged Ramp*(S.O' wide x ~5.0' long); and
E (8) Floating Dock*(6.0' wide x +20.0' long) secured by three ($)
~ Pilings (~ 8.0" qb).
AH\V
. ~- ~:~.~.: *NOTE: Seasonal Use Only
~~ /_~.f~"'"i· , $.0" typical AllAll materials to be non-treated, and all hardware to be hot-dippedgalvanized.soundings to be referred from the Apparent Low Water mark.
Date: lanuarv 10, 20122 ~gll. ~._~; ?O! 2--~'A00, CFfr Fo t? SUFFOLK ENVIRONMENTAL CONSULTING, INC.
Scale: As per view
Drawn by: mdi
Comments: Adapted from the Hydrographic Map of subject property, as prepared by ROBERT H. FOX P.O. Box 2003 · Brid§ehampton · NY · ]-]-932 OF
Prepared for regulatory submission. (631) 537- 5160 (phone) ~ (631) S37- 5291 (facsimile)
HYDROGRAPHIC MAP
Surveyed: 12-03-11
Situate: Nassau Point
Town: Southold
Suffolk County, NY
Datum: M L L W
I 1' =40' I
JAN 1 1 ~ '~
N
ROBERT H. FOX
NYS PLS# 50197
P O Box # 366
Aquebogue
NY 11931
Exist. lng l~ock ~
l-"-'-1 r-