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HomeMy WebLinkAboutTR-7839BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7839 DATE: JUNE 20~ 2012 ISSUED TO: JOAN F. WHELAN PROPERTY ADDRESS: 1645 BUNGALOW LANE, MATTITUCK SCTM# 123-3-20 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on June 20, 2012, and in consideration of application fee in the sum of $250.00 paid by Joan F. Whelan 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 for the existing dock consisting of a 3'x24' fixed timber catwalk, 3'xl 1.5' hinged ramp and a 5'x20' floating dock; with the condition that when the structure is repaired/rebuilt it must comply with Chapter 275 of the Town Code- Wetlands & Shoreline; and as depicted on the survey prepared by Kenneth M. Woychuk, L.S., last dated April 19, 2012, and stamped approved on June 20, 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. TERMS AND CONDITIONS The Permittee Joan F. Whelan, residing at 1645 Bungalow Lane, Mattituck, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable 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 Pennittee 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 June 20,2012 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Robert E. Herrmann Eh-Consultants 1319 North Sea Road Southampton, NY 11968 RE: JOAN F. WHELAN 1645 BUNGALOW LANE, MATTITUCK SCTM# 123-3-20 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 20, 2012 regarding the above matter: WHEREAS, En-Consultants on behalf of JOAN F. WHELAN 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 April 25, 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 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the structure is consistent with other docks in the area; when the structure is repaired/rebuilt it must comply with Chapter 275 of the Town Code-Wetlands & Shoreline; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 20, 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 JOAN F. WHELAN for the existing dock consisting of a 3'x24' fixed timber catwalk, 3'xl 1.5' hinged ramp and a 5'x20' floating dock; with the condition that when the structure is repaired/rebuilt it must comply with Chapter 275 of the Town Code-Wetlands & Shoreline; and as depicted on the survey prepared by Kenneth M. Woychuk, US., last dated April 19, 2012, and stamped approved on June 20, 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:S451.50 Very truly yours, President, Board of Trustees JFK/eac James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: JOAN F. WHELAN Please be advised that your application dated April 25, 2012 has been reviewed by this Board at the regular meeting of June 20. 2012 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) Final Inspection Fee ($50.00) XX Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Fixed Catwalk = 4'x4'=16sq.ft.x$3.00 per sq.ft. = $48.00 Hinged Ramp -- 3'xl 1.5'=34.5sq.ft.x$3.00 per sq.ft. = $103.50 Floating Dock = 5'x20'=100sq.ft.x$3.00 per sq.ft. = $300.00 BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 1 I971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 9, 2012 the following recommendation was made: Moved by Jack McGreevy, seconded by William McDermott, it was RESOLVED to NOT SUPPORT the Wetland Permit application of JOAN F. WHELAN for the existing dock consisting of a 3'X 24' fixed timber catwalk, 3' X 11.5' hinged ramp and a 5'X 20' floating dock. Located: 1645 Bungalow Lane, Mattituck. SCTM#123-3-20 Inspected by: Jack McGreevy, William McDermott The CAC does Not'Support the application based on the following observations: · The dock should be elevated off of the wetlands; · Concerns with the possible use of treated materials; · There is an erosion condition along the front of the property; and · There should be at least a 10'-15' non-turf buffer landward of the wetlands. Vote of Council: Ayes: All Motion Carried Brian Smbelek 274 Mill Rd Riverhead, NY 11901 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 May 2, 2012 SCTM#1000-111-1-15 Dear Sir or Madame, In regards to this matter, I believe Ms. Whelan's dock should be legalized by your Board, and without requiring an environmental review. Sincerely, James F. King. President Bob Ghosio, Jr.. Vice-President Dave Bcrgtm John Bredemeyer Michael J Domino P.O Box 1179 Southold, NY 11971 Telephone (63 [ 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report JOAN F. WHELAN requests a Wetland Permit for the existing dock consisting of a 3'X 24' fixed timber catwalk, 3' X 11.$' hinged ramp and a 5'X 20' floating dock. Located: 1645 Bungalow Lane, Mattituck. SCTM#123- 3-20 Type of area to be impacted: ~'¢Saltwater Wetland Freshwater Wetland Sound Bay #~.¢-/, /.,,¢,z./~ Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~d~hapt.275 Chapt. 111 other Type of Application: ~/Wetland __Coastal Erosion ~Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: ,<,,¢,,v'~ Modifications: Present Were: "J. King B. Ghosio__ __J. Bredemeyer__ Michael Domino Form filled out in the field by j, K.~! Mailed/Faxed to: Date: D. Bergen, D. Dzenkowski other 1645 Figure 1. Looking northwest toward Deep Hole Creek at existing dock. Figure 2. Looking northeast toward Deep Hole Creek at existing dock. JOAN W N 1645 BUNGALOW LANE MA~ Figure 3. Aerial view t~'existing dock. Photo by BingTM. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southotd, 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 Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 20, 2012 Re: Proposed Wetland Permit for JOAN F. WHELAN SCTM#1000-123-3-20 En-Consultants on behalf of JOAN F. WHELAN requests a Wetland Permit for the existing dock consisting of a 3'X 24' fixed timber catwalk, 3' X 11.5' hinged ramp and a 5'X 20' floating dock. Located: 1645 Bungalow Lane, M'attituck. SCTM#123-3-20 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 listed policy standards provided below. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The dock structure was constructed without a Chapter 275 Wetlands Permit. Further, 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: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; 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. [2] Whether the dock will unduly interfere with the pubfic use of waterways for swimming, boating, fishing, she#fishing, waterskiing and other water-dependant activities; [5] Whetherthedockwillcausedegradationofsurfacewaterqualityandnaturalresources; Applicant does not show current water depths on plans. Therefore an assessment of impacts (if any) of a vessel cannot be made. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and The answer to this question has not been provided [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The answer to this question has not been provided. 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 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer 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 Office Use Only Coastal Erosion Permit Application t,~'~Wetland Permit Application __ Administrative Permit AmendmentYTrans let/Extension ~,~-"Received Appl~ ~Completed Ap~ ~ {~ Incomplete SEQRA Classification: Type I Type 1I Unlisted Coordination: (date sent) ~WRP Consistency Assessment For OI)lt ~AC Rcfc~al Sent:~[~[ ~ ~ate of Inspection: ~}~ I~ ~Receipt of CAC Repom ~Lead Agency Detemination: Technical Review: ~blic He~ing Held: ~1 ~ [ ~ ~ Resolution: ·-~ 2012 Name of Applicant JOAN F. WHELAN Address 1645 BUNGALOW LANE, MATTITUCK, NY 11954 Phone Number: (412) 999-6288 Suffolk County Tax Map Number: 1000 - 123-3-20 Property Location: 1645 BUNGALOW LANE, MATTITUCK, NY 11954 (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone:631-283-6360 ~oard of Trustees Applica~ GENERAL DATA Land Area (in square feet): 22,199 Area Zoning: R-40 Previous use of property: RESIDENTIAL, SINGLE FAMILY DWELLING WITH DOCK Intended use of property: NO CHANGE Covenants and Restrictions: If "Yes", please provide copy. Yes X No Does this project require a variance from the Zoning Board of Appeals If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes X No __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): Legalize preexisting dock, consisting of a 3' x 24' fixed timber catwalk, 3' x 11.5' hinged ramp; and 5~ x 20' float, all as depicted on the survey prepared by Kenneth M. Woychuk, L.S., dated April 19, 2012. )ard of Trustees Ap WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To legalize a preexisting dock. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): A dock has been present on the subject property continuously since at least 1969, and the current application proposes only to legalize the existing dock in its current location and configuration, which would have no impact on the adjacent tidal wetlands or waters of the Town. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR JOAN F. WHELAN BY EN-CONSULTANTS 3. PROJECT LOCATION: Municipality MATTITUCK 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A ~licant or Project Sponsor) 2. PROJECT NAME County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map 1645 BUNGALOW LANE, MATTITUCK, TOWN OF SOUTHOLD, SCTM #1000-123-3-20 5. IS PROPOSED ACTION: [~New [~ Expansion [~ Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: SEQR Legalize preexisting dock, consisting of a 3' x 24' fixed timber catwalk, Y x 11.5' hinged ramp; and 5' x 20' float, all as depicted on the survey prepared by Kenneth M. Woychuk, L.S., dated April 19, 2012. 7. AMOUNT OF LAND AFFECTED: ini~lly 0.51 acres Ultimately 0.51 acres 8. WILL PROPOSED ACTION COMPLY ~VITH EXISTING ZONING OR OTHER RESTRICTIONS? [~ Yes ] [ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residentia, [~Industrial DCommercial [~Agricultare [--]Park/Fore~t/O~nSpace [~Other(aesc~ibe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~]Yes [~ yes, agency permit / approval: No If list name and DEC, COE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes [~No Ifyes, list agency name and permit / approval: 12,~AS A I~.~LT OF PROPOSED ACTION WILL EXISTING PERM T/APPROVAL REQUIRE MODIFICATION¢ [ lYes [L~JNo ' I CE~CTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sp~N _ame ROBERT E. HERRM~ANN, COASTAL MANAGEMENT SPECIALIST Date: APRIL 25,2012 If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency} A. DOES ACTION EXC:~/:u ANY TYPE I THRESHOLD N 6 NYCRR. PART 617.4? If yes, coordinate the review precess and use Ihe FULL EAF. 8. WILL ACTION ~ COOROINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 IfNo, a negative r-I C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WI11t THE FOLLOV~ING: (~ may be handwdttne, If legFole) Cl. F~ air qua~y, surtace or groundwater quali~y or quarei~y, no/se inveis, existing tralfic pa(tern, solid waste productine er disposal, poten(ial [or erosion drainage or flooding prohiems~' Expfain bdelly:. I C2. Aesthetic, ,~ ',cu;~'al, arc~;c.:~_.;.~.ac_al, historic, or ofher natural or cultural reseumes; or communiiy or neighborhood c(~ _r~_.er? Explain briefly: I C3. V .'g,a;.a&~, or fauna, fish, ~helffsh or wildlife ~L--a, significan! habitats, or tJlreate~od or endangered spec/es? Explain bdef(y.' o~ ~._~__...sa · · . . C7. of edhe~ WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSEO THE ESTABLISHMENT OF A CRITICA ENVIRONMENTAL AREA (CEA~? (If yes, explain brielly: E' ~THyE'~esE" ~ ~TH LIKELy TO BE, CONTROVERSY RELATED TO POTENTIN. ADVERSE ENVIRCt:,.:~_...TRL 1.~... ~,. · Board of Trustees Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency ,~Sigrlature of Respons~e Offcer in Lead Agency President Tdle of Responsible Officer Skgnei~ufe of Preparer (If different ~-om responsiffe offcer} James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of JOAN F. WHELAN COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING i,Robort E. HO_L~n~-m residing at/dba En-Consultants 1319 North Sea Road, Southamton, NY 11968 being duly swom, depose and say: That on the day of ,201, I personally posted the property known as 1645 Bungalow Lane, Mattituck by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days Date of hearing noted thereon to be held Wed., May 16, Dated: (sign~tu prior to the date of the public hearing. !012. Sworn to befbre me this 1 6~_h day of iv'kaY 201 2 / N~r~.Public , KlM H. STEPHENS NOTARY PtrBL lC STATE ~'F rE; YQR~ COMMiSSiON NO. 501593~ QUALIFIED iN S~FFOL~ CO.~NTY EXPIRES AL[GUST 2, 20~ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEESt TOWN OF SOUTHOLD In the matter of applicant: Joan F. Whelan SCTM# 1000-111-1-15 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Legalize preexisting dock, consisting of a 3' x 24' fixed timber catwalk, 3' x 11.5' hinged ramp; and 5' x 20' float, all as depicted on the survey prepared by Kenneth M. Woychuk, L.S., dated April 19, 2012. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1645 Bungalow Lane, Mattituck 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: MAY 16th, 2012 ~ 6:00 P.M. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Joan F. Whelan PROPERTY OWNERS NAME: 1645 Bungalow Lane MAILING ADDRESS: Mattituck, NY 11952 PHONE#: 412-999-6288 AGENT: EN-CONSULTANTS MAILING ADDRESS: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. Name; Grace Canton¢ Address: 58 Kenilworth Road Mineola, NY 11501 Kimberly Mueller 63 Anchor Rode Naples, FL 64103 Brian Stubelek 274 Mill Road Riverhead, NY 11901 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HERRMANN doing business at EN-CONSULTANTS 1319 North Sea Road Southampton, NY 11968 , being duly sworn, deposes and says that on the 27th day of APRIL ,20 12 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite 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 SOUTHAMPTON , that said Notices were,Mailed to each of said persons by (certified)(registered) mail. ~~ Sworn to before me this day of~ APRIL ,20 12 NotaryVPublic 27t-h lli[: II. STEPHENS NOIARY PUBLIC STATE OF NEW YORK £DMMIS$1DN NO. 5015931 9UALIFIED IN SUFFOLK COUNTY GXPIRES AUGUST ~. 20~ ru s~nt ro Grace Cantone ~ ~'~b~ 58 Kenilworth Road r,-~ Mineola, NY 11501 2012 Ltl r~- Postage Certified Fee r-I Return Receipt Fee E23 (Endorsement Requtred) Restricted Delivery Fee (Endomement Required) [:3 7 2012 Kimberly Mueller 63 Anchor Rode Naples, FL 64103 Certified Fee Return R~celpt Fee (Endorsement Required) Restdcted Deliver/Fee (EndorSe ment Requir ed) Total Postage .e Brian Stubelek 274 Mill Rand Riverhead, NY 11901 ~of Trustees Application County of Suffolk State of New York ~a.~at~ ~. 0d~l,,,. ~ 0-t~ ~c ~o~n ~. O~l*~ BEING DULY SWO~ DEPOSES AND AFFI~S ~T ~S~ IS THE APPLICANT FOR ~ ABO~ DESC~BED PE~IT(S) AND ~AT ~L STATEM~ CONTA~D ~ A~ ~ TO THE BEST OF HIS~R KNO~EDGE AND BELIEF, AND ~AT ALL WO~ ~LL BE DO~ ~ THE ~ER SET FOR~ ~ ~IS APPLICATION AND AS MAY BE ~PROVED BY ~E SOU~OLD TO~ BOA~ OF ~US~ES. ~E ~PLICANT AG~ES TO HOLD THE TO~ OF SOU~OLD A~ ~ TO~ ~US~ES ~LESS A~ F~E FROM A~ A~ ~L DAMAGES A~ CLAIMS A~S~G ~DER OR BY VIRT~ OF SAID PE~T(S), IF G~N~D. ~ CO~LET~G ~S APPLICATION, I ~BY AUTHO~E T~ ~US~ES, ~IR AGENT(S) OR ~P~SE~ATIVES(S), TO E~R O~O MY PROPER~ TO ~SPECT ~ P~MISES ~ CON~C~ON W~EW OF ~IS ~PLICATION. Si~a~ SWO~ TO BEFO~ ~ ~IS I ~ ~ DAY OF ~l;~ I ,20 1 ~ ' 14otar,flPublic COMtfiONWEALTH OF PENNSYLVANIA I~:~flal Seal M~ ~agrish, Notary Public Ptne Twp., Allegheny Count~ M'/Camm~,x~.e,M~ ~. ~0~ ~0~ ~d of Trustees Applic&tion AUTHORIZATION (where the applicant is not the owner) (print Owner of property) residing at /~'Dz~ ~af~ce- (mailing address) do hereby authorize ~,~/-e~/~/$Oc ~,q~?~' (AgenO to apply for permit(s) from the Southold Board of Town Tmstees on my behalf. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Codo of Ethics orohibits conflicts ofint~mat on the ~ of town officers ami emolovees. The ourng~e of this form is to orovide information which can alert the town of oossible conflicts of inte~s~ and allow it to take whatever action (Last name, first anh~, middle initial, unless you gre applying in tho na~no of somcone eise or other entity, such as a company. If so, indicate ~ other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trost~ Change of Zone Coastal Erosion Approval of plat Mooting Exemption from plat or official map Planning Othar (I f "Oligr", anm~ fig activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any off. er or employee office Town of Sonthold? "Relationship" includes by blood, marriage, or business interest. "Business intet~st' ~ a business, including a pettusrship, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town offieer or employee owns mere than 5% of fig shares. YES NO ~ you answered YES , complete the haian~ of gals form and date and sign where indicated. Name of person employed by ~e Town of Southold Title or position of that person Describe fig relationship between your~lf (~e applicant/ngenlffrepresentative) and fig town offieer or employee. Either c.~ck the appropriate line A) through D) and/or daacfibe in the space provided. Thc town officer or employee or his or her spouse, sibling, parent, or child is (check all flint apply): A) fig owner of gga~r than 5% of fha shares of fig corporate stock oftbe applicant (when the applicant is a coq~orafion); B) tho I~gal or beneficial owner of any interest in a non-corporate eatity (when tbe applicant is not a coq~oratlon); C) an officer, director, pe~ncr, or employee ofth~ applicant; or D) the at. al q~licant. DESCRIPTION OF RELATIONSHIP Form TS 1 EN-CONSULTANTS ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com April 25, 2012 Lauren Standish Board of Trustees Town of Southold P.O Box 1179 Southold, NY 11971 APFI 25 2012 '~ Re: Joan F. Whelan, 1645 Bunnmlow Lane, Mal1Ru. ck. r!~ ~ I ~ ' =~ -- ~ Dear Ms. Standish: Please find attached an application to legalize a pmexisfmg dock at the subject property. Although there are no present plans to replace the dock, the property is being sold and the current owners have been asked to legalize the dock in order to demonstrate that it is in fact a legally preexisting dock and not one that has been constructed illegally without the proper permits. The applicants understand that if the dock were to be substantially replaced or reconstxucted, a full review and permit would be required by the Trustees and that material changes to the dock might be required pursuant to present code requirements. Please note that because we are not requesting permission to replace or reconstruct any part of the dock at this time, there is no construction or other physical activities proposed by the application. Therefore, the formal permitting of the dock pursuant to Chapter 275 does not constitute an "action" pursuant to Chapter 268 of the Town Code, and because the structure also pre-dates the enactment of Chapter 268, there is no Waterfront Consistency Review required pursuant to Chapter 268. Therefore, we are not submitting an LWRP application with this application. We do understand that if and when reconstruction of the dock is proposed, such action would at that time be subject to review pursuant to Chapters 268 of the Town Code. Coastal Management Specialist Enclosures EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING April 25, 2012 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Attn.: Lauren Standish Joan F. Whelan 1645 Bungalow Lane, Matfituck SCTM #1000-123-3-20 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; and c) survey. One (1) set of site photographs. Application fee of $250.00 wetlands. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. i~'Herrmann Coastal Management Specialist /khs Enc. EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING May 21, 2012 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Joan Whelan~ 1645 Bungalow Lane, Mattituck Dear Mr. Terry: In late April we submitted an application to the Board of Trustees for a Town Wetlands Permit to permit an existing, functional dock present on the subject property, which based on a review of historic aerial photographs and information provided by the current owner appears to have been improved with a dock since the late 1960s. Although the current owner wishes to legalize the existing dock so that ordinary repairs and maintenance may be performed on the structure in the future, no such repairs or maintenance are proposed at this time, and therefore no activities are proposed that would constitute an "action" requiring review under Chapter 268 as defined by §268-3. Therefore, we did not notify you of our filing or submit an LWRP Consistency Assessment Form with our application to the Trustees. During the public hearing held in May, however, the Trustees requested that they receive a formal determination from you. Therefore, I am enclosing herewith a copy of the application that was filed with the Trustees for your review and determination. It is worth noting that even if repairs were presently proposed, such work would constitute "maintenance or repair involving no substantial changes in an existing structure or facility," i.e., a "minor action" still not subject to waterfront consistency review pursuant to §268-3. However, should you determine that the application is subject to review pursuant to Chapter 268, I have also enclosed a LWRP Consistency Assessment Form. Respe~t~ fully yours, Robert E. Herrmann Coastal Management Specialist cc: Lauren Standish, Board of Trustees Town of Southold A. INSTRUCTIONS I. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing, both SUl~l~ortin~l and non- sueoortin~, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 123 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. I)ESCRIPTION OF SITE AND PROPOSED ACTION 3 . 20 PROJECT NAME Joan F. Whetan The Application has been submitted to (check appropriate response): TownBoard [~] PlanningBoard~] Building Dept. [--~ Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Iown 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: Legalize preexisting dock, consisting of a 3' x 24' fixed timber catwalk; 3' x 11.5' hinged ramp; and 5' x 20' float, all as depicted on the survey prepared by Kenneth M. Woychuk, L.S. dated April 19, 2012. Location of action: 1645 BUNGALOW LANE, MATTITUCK Site acreage: 22,199 S.F. Present land use: SINGLE-FAMILY DWELLING WITH DECK 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: JOAN F. WHELAN (b) Mailing address: 1645 BUNGALOW LANE MATTITUCK, NY 11952 (c) Telephone number: Area Code 412-999-6288 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No ~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~]Yes ~ No ~ Not Applicable 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 Po Not App.eable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~ Not Applicable 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 AUach 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 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 The subject property appears to have been illbved with a dock structure since the late 1961~hd the existing dock is coexisting with a vegetated marsh located beneath and adjacent to it. As there is no work proposed but only the requested permitting of the dock, there is nothing proposed that would alter the existing quality or function of the adjacent wetlands or ¢cosystmn. 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 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 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. Yes [---] NON--] Not Applicable Legalization of the existing dock s~xucture will not impact public access to or recreational use of the adjacent waterway, public lands, or public resources of the Town of Southold, as the existing structure does not impact the existing quality or function of the adjacent wetlands or ecosystem. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wa _~epende.n.t .uses and prom. ote si.tither new.wa!.er-del~en.dent suitable locations. See LWRP Section III - Policies; Pages 47 through ~o Ior evaluanon cmerla. [~] Yes [~ No [~ Not Applicable uses in 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [-~ Yes ~] No ~ Not Applicable 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 R E. HERRMANN PREPARED BY TITLEcoastal Management Specialist DATE May 22, 2012 Amended on 8/1/05 S.C.T.M. NO. DISTRICT: I000 SECTION: 12J BLOCK: LOT(S): 20 LAND OF SPRANER LOT 15 #£5 ~. 7.9 APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE ~UW ~ .:z.~'/z LOT 16 LOT 1 7 LAND N/F OF E. ARMONE AREA:22,199.06 SQ.FT. or 0.51 ACRES THE WATER SUPPLY, WELLS, DRYI~ELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS, ELEVA nON DA TUM: _U__~__~9._2_9_ ................ UNAUTHOIVZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAt~ COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COP~ GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY' AND LENDING INSTITUTION survey or LOT 16 MAP OF: P_AN OF MARRATOOKA PARK FILED: MAY 7, ? 913 NO. 19 SITUATED Ar: MATTITUCK TOW~ OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FILE # 12-47 SCALE: 1"=30' 0ATE:APRI/ 19, 2012 N Y S LIC NO 50227 CERTIFIED TO: JIM WHELAN; KENNETH M. WOYCHUK L.S. Land Surveying and Design P.O. Box 3, Mattituck, New York it9§8 pHONE (SSt) ~8-i588 FAX (65t) 298-t588