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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-