HomeMy WebLinkAboutFitzpatrick, Tom & JuliaJames F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
]~ob Ghos±o, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (63]) 765-6641
TO:
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Please be advised that your application dated /D./IF/O(:, has been
reviewed by this Board at the regular meeting of / / D- ¥/o ? and the
following action was taken:
/
( V~)Application Approved (see below) It~
( )Application Denied (see below)
(__) Application Tabled (see below)
If your ~pplication is approved as noted above, a permit fee is now due. Make check or
money order payable to the Southold Town Trustees. The fee is computed below
according to the schedule of rates as set forth in Chapter 97 of the Southold Town
Code.
The following fee must be paid within 90 days or re-application fees will be necessary.
COMPUTATION OF PERMIT FEES:
TOTAL FEES DUE: $ ~C)
BY:
James F. Kinq, _President
Board of Trustees
Telephone
(631) 765-1892
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
CONSERVATION ADVISORY COUNCIL
TOWN OF SOUTHOLD
At the meeting of the Southold Town Conservation Advisory Council held Wed., January
10, 2007, the following recommendation was made:
Moved by Jack McGreevy, seconded by Don Wilder, it was
RESOLVED to SUPPORT the Wetland Permit application of TOM & JULIA
FITZPATRICK to construct a 4'X 16' ramp up to a 4'X 20' catwalk continuing with a 4'X
42' catwalk section onto a 4'X 20' fixed dock section with a 32"X 20' seasonal aluminum
ramp onto a seasonal 6'X 20' floating dock secured by two 2-pile 8" dia. pilings.
Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3
Inspected by: Jack McGreevy
The CAC Supports the application, however, recommends the applicant re-designs the
catwalk into a straight line and avoids the use of treated lumber on the entire structure.
Vote of Council: Ayes: All
Motion Carried
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Rou;e 25
P.0. Box 1179
Southold, New York 11971 0959
Telephone (631~ 765-I892
Fax ,,631 ,b5-o641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Southold Town Board of Trustees
Field Inspection/Work session Report
Date/Time: [,-- ! .5~ ~')'~
Costello Marine Conteacting Corp· on behalf of TOM & JULIA FITZPATRICK
requests a Wetland Permit to construct a 4'X 16' ramp up to a 4'X 20' catwalk
continuing with a 4'X 42' catwalk section onto a 4'X 20' fixed dock section
with a 32"X 20' seasonal aluminum ramp onto a seasonal 6'X 20' floating
dock secured by two 2-pile 8" dia. pilings. Located: 1030 Clearview Rd.,
Southold. SCTM#89-3-11.3
,~Se of area to be impacted:
altwater Wetland Freshwater Wetland Sound Front
Distance of proposed work to edge of above:
of Town Code proposed work falls under:
hapt.275 Chapt. 111 other
Type of Application: V/Wetland __Coastal Erosion
__Emergency
Info needed:
Bay Front
Amendment Administrative
Modifications:
Conditions:
Present Were: ~.King ~t~ff. Doherty __P.Dickerson
H. Cusack D. Dzenkowski other
~. Bergen__ 1~. Ghosio, Jr
Mailed/Faxed to:
Environmental Technician
Review
Date:
030 Clear~Aew Road
Southold
1/16/06
,Tom Fitzpatrick
1030 Clearview Road
Southold
11/16/06
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, N-Y
Telephone: 631 765-1938
Fax: 631 765-3136
To: James King, President
Town of Southold Board of Trustees J
From: Mark Terry, Principal Planner ,
LWRP Coordinator
Date:
January 22, 2007
2007
Re:
Request for Wetland Permit for TOM & JULIA FITZPATRICK
SCTM# 89-3-11.3
Costello Marine Contracting Corp. on behalf of TOM & JULIA FITZPATRICK requests a
Wetland Permit to construct a 4'X 16' ramp up to a 4'X 20' catwalk continuing with a 4'X 42'
catwalk section onto a 4'X 20' fixed dock section with a 32"X 20' seasonal aluminum ramp onto
a seasonal 6'X 20' floating dock secured by two 2-pile 8" dia. pilings. Located: 1030 Clearview
Rd., Southold. SCTM#89-3-11.3
The proposed action has been reviewed to Chapter 95, 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 below Policy Standards and therefore is
INCONSISTENT with the LWRP;
Note the dock is not permitted over vegetated wetlands located within a New York State
Significant Fish and Wildlife Habitat Area pursuant to 275-11. Construction and operation
standards; see response to Sub-policy 6.3 below.
The proposed action is located in Cedar Beach Point/Bay a New York State Significant Fish
and Wildlife Habitat Area. The Coastal Fish and Wildlife Assessment Form language
follows:
COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM
Name of Area: Cedar Beach Point
Designated: March '15, '1987
Date Revised: May '15, 2002
County: Suffolk
Town(s): Southold
7W Quadrangle(s): Southold, NY
CEDAR BEACH POINT
LOCATION AND DESCRIPTION OF HABITAT:
Cedar Beach Point is located at the tip of Great Hog Neck, north of Little Peconic Bay, in
the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and
wildlife habitat is approximately 85 acres in size, consisting of sparsely vegetated sand
beach and dredged material deposits, a small protected bay (Cedar Beach Creek), mud
flats, and salt marsh. The New York Natural Heritage Program has documented
seabeach knotweed, a rare plant species, in this area. The area is owned by Suffolk
County and houses the Cornell Cooperative Extension Marine Program. The habitat is
generally bordered by Iow to medium density residential development. The mouth of the
creek is subject to periodic maintenance dredging.
FISH AND WILDLIFE VALUES:
Cedar Beach Point is a small coastal wetland area, similar in nature to many other points
around the Peconic Bays shoreline, but important as a habitat for various fish and
wildlife species. This area has served for many years as a nesting site for least terns (T).
In 1982 and 1983, approximately 80-90 pairs of least terns nested in the area, making
this colony one of the largest on the north fork of Long Island, of county-level
significance. However, human disturbance of the area, including pedestrian traffic and
recreational vehicle use, has been a serious problem for many years, and least tern
populations have declined to around 5-6 pairs annually by the late 1980s. During the
1987-1996 period, however, the annual average number of pairs of least tern nesting at
this site was 15; nesting populations appear to be on the rise in the late 1990s, with a
peak number of 63 pairs observed in 1996. Common tern (T) nested at Cedar Beach
Point in the mid-1990s, ranging from 1-14 pairs. More information about the importance
of this site for common tern nesting is needed.
Piping plover (E, T-Fed) nest regularly at Cedar Beach, with an annual average of 1 pair
observed during the 1987-1996 period. The peak number, 2 pairs, was observed in
1995. The appearance of this species has become more regular throughout the 1990s.
Osprey (SC) have nested in the area for many years, using man-made nesting platforms
located in the habitat. The tidal wetlands at Cedar Beach Point serve as feeding areas
for both least tern and osprey, as well as for many other wildlife species. Black skimmer
(SC) have appeared at Cedar Beach Point in high concentrations (several hundred).
Low marsh areas of these wetlands support healthy populations of fiddler crabs.
Diamondback terrapin are also present here; more information is needed to
determine importance of this population. Cedar Beach Point may provide important
breeding habitat for horseshoe crab, but additional documentation is required.
In addition to its ecological values, Cedar Beach Point is an important area for marine
sciences education and research. The Cornell Cooperative Extension Marine Program is
located at Cedar Beach, and the area is heavily used by faculty and students as a "living
laboratory".
IMPACT ASSESSMENT:
It is essential that any potential impacts on Cedar Beach Point be evaluated with respect
to the established science program here, and the need to maintain natural or controlled
experimental conditions. Any activity that would substantially degrade the water quality
in Cedar Beach Creek would adversely affect the biological productivity of this area. All
species of fish and wildlife would be affected by water pollution, such as chemical
contamination (includin.q food chain effects resulting from bioaccumulation), oil
spills~ excessive turbidity, stormwater runoff, and waste disposal. It is essential that
high water quality be maintained in the area, primarily by controlling discharges of
sewage and other pollutants from upland sources.
Unrestricted use of motorized vessels including personal watercraft in the protected,
shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic
vegetation and fish and wildlife populations. Use of motorized vessels should be
controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to
shallow waters and vegetated wetlands. Alteration of tidal patterns at Cedar Beach Point
would have major impacts on the fish and wildlife communities present. Elimination of
salt marsh and intertidal areas~ throuqh loss of tidal connection~ excavation~
ditchin.q or filling, would result in a direct loss of valuable habitat area.
Construction and maintenance of shoreline structures~ such as docks, piers,
bulkheads, or revetments, in any part of this area, may have a siqnificant impact
on the fish and wildlife resources of Cedar Beach Point. Alternative strategies for the
protection of shoreline property should be examined, including innovative, vegetation-
based approaches. Control of invasive nuisance plant species, through a variety of
means, may improve fish and wildlife species use of the area and enhance overall
wetland values. Maintenance dredging in the Cedar Beach Point area should be
scheduled between September 15 and December 15. Dredged material disposal in this
area would be detrimental, but such activities may be designed to maintain or improve
the habitat for certain species of wildlife, especially nesting birds. There is some
indication, however, that as a result of the potential for overwash onto salt marshes, this
site does not exhibit optimal conditions for dredged material placement.
Nesting shorebirds inhabiting Cedar Beach Point are highly vulnerable to disturbance by
humans, especially during the nesting and fledging period (March 15 through August
15). Significant pedestrian traffic or recreational vehicle use of the beach could easily
eliminate the use of this site as a breeding area and should be minimized during this
period. Recreational activities (e.g., boat and personal watercraft landing, off-road
vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during
this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g.,
dogs, cats) and natural predators may also occur, and predator control should be
implemented where feasible. Fencing and/or continued annual posting of shorebird
nesting areas should be provided to help protect these species. Control of
vegetative succession, through beneficial use of dredged material or other means may
improve the availability of nesting habitat in this area.
6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats.
Protect Significant Coastal Fish and Wildlife Habitat values from uses or
activities that would:
1. Destroy habitat values associated with the designated habitat
through:
a. direct physical alteration, disturbance, or pollution, or
b. indirect effects of actions, which would result in a loss of
habitat.
Significantly impair the viability of the designated habitat beyond
the tolerance range of important fish or wildlife species which rely
on the habitat values found within the designated area through:
a. degradation of existing habitat elements,
b. change in environmental conditions,
c. functional loss of habitat values, or
d. adverse alteration of physical, biological, or chemical
characteristics.
The habitat impairment test presented in this section must be met for any activity
that is subject to consistency review under federal and state laws. If the proposed
action is subject to consistency review, then the habitat protection policy applies,
whether the proposed action is to occur within or outside the designated area.
Definitions
Habitat destruction is defined as the loss of fish or wildlife use through
direct physical alteration, disturbance, or pollution of a designated area or
through the indirect effects of these actions on a designated area. Habitat
destruction may be indicated by changes in vegetation, substrate, or
hydrology, or by increases in nmoff, erosion, sedimentation or pollutants.
Significant impairment is defined as reduction in vital resources (e.g.,
food, shelter, living space) or change in environmental conditions (e.g.,
temperature, substrate, salinity) beyond the tolerance range of important
species of fish or wildlife that rely on the habitat values found within the
designated area. Indicators of a significantly impaired habitat focus on
ecological alterations and may include, but are not limited to, reduced
carrying capacity, changes in community structure (e.g. food chain
relationships, species diversity, etc), reduced productivity and/or increased
incidence of disease and mortality.
The tolerance range of a species of fish or wildlife has been defined as the
physiological range of conditions beyond which a species will not survive
at all. In this document, the term is used to describe the ecological range
of conditions that supports the specie's population or has the potential to
support a restored population, where practical. Two indicators that the
tolerance range of a species has been exceeded are the loss of individuals
through an increase in emigration and an increase in death rate. An abrupt
increase in death rate may occur as an environmental factor falls beyond a
tolerance limit (a range has both upper and lower limits). Many
environmental factors, however, do not have a sharply defined tolerance
limit, but produce increasing emigration or death rates with increasing
departure from conditions that are optimal for the species.
The range of parameters that should be considered in applying the habitat
impairment test include, but are not limited to, the following:
physical parameters, such as living space, circulation,
flushing rates, tidal amplitude, turbidity, water temperature,
depth (including loss of littoral zone), morphology,
substrate type, vegetation, structure, erosion and
sedimentation rates
biological parameters, such as community structure, food
chain relationships, species diversity, predator/prey
relationships, population size, mortality rates, reproductive
rates, meristic features, behavioral pattems and migratory
patterns, and
chemical parameters, such as dissolved oxygen, carbon
dioxide, acidity, dissolved solids, nutrients, organics,
salinity, and pollutants (heavy metals, toxics and hazardous
materials)
The proposed action will result in a habitat destruction and significant
impairment with the physical loss of significant fish and wildlife habitat. If
the dock is constructed the loss of high and intertidal marsh habitats will
occur. In addition, if wood treated with chemicals or preservatives are used
in the construction of the dock piles, bioaccumulation in marine organisms
could occur, degrading the health of such organism.
Where destruction or significant impairment of habitat values cannot be
avoided, minimize potential impacts of land use or development through
appropriate mitigation. Use mitigation measures that are likely to result
in the least environmentally damaging feasible alternative.
Mitigation includes:
1. Avoidance of potential adverse impacts, including:
a. avoiding ecologically sensitive areas,
b. scheduling activities to avoid vulnerable periods in life
cycles or the creation of unfavorable environmental
conditions,
c. preventing fragmentation of intact habitat areas.
The destruction of habitat can be avoided through other public land access
alternatives (vessel moorings). The action, as proposed, will result in the
continued fragmentation of a New York State Significant Fish and Wildlife
Habitat Area. Approval of the action will result in the continued physical
loss of the ecological sensitive area.
Minimization of unavoidable potential adverse impacts, including:
a. reducing scale or intensity of use or development,
b. designing projects to result in the least amount of potential
adverse impact,
c. choosing alternative actions or methods that would lessen
potential impact.
The proposed action and associated impacts could be mitigated by seasonally
mooring a vessel in public waters. This alternative would lessen the potential
impacts to the high and intertidal marsh areas.
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
Chapter 275 defines a dock as: DOCK -- Any permanent or seasonal structure, except a
building, located or proposed to be located on lands abutting or comprised of freshwater or
tidal wetlands or connected to a bulkhead or the upland and extending over the water's
surface, designed to secure vessels and provide access from the shore to a body of water. For
the purpose of this chapter, this term shall also include the associated structures necessary
to cross wetlands and adjacent natural areas. The term "dock" includes the terms
"wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks."
Note that a dock is not permitted over a vegetated wetland located within a "significant
habitat area" or Significant Fish and Wildlife Habitat Area pursuant to 275-11.
"Construction and operation standards.
[3] Prohibited locations and activities.
[al Given the unique and sensitive natural environmental characteristics
described in the Town of Southold Local Waterfront Revitalization Plan and the
New York State Department of State Signifigant Habitat descriptions, no new docks
will be permitted, over vegetated wetlands ~ such that it causes habitat
fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay. Hashamomuck
Creek and Pond and West Creek.
In addition the applicant has not demonstrated that the following dock standards pursuant
to § 275-11. Construction and operation standards have been met.
(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;
[2] Whether the dock will unduly interfere with the public use of waterways for
swimming, boating, fishing, shellfishing, waterskiing and other water-dependant
activities;
[3] Whether the dock will unduly interfere with transit by the public along the public
beaches or foreshore;
[4] Whether the dock will significantly impair the use or value of waterfront property
adjacent to or near the dock;
[5] Whether the dock will cause degradation of surface water quality and natural
resources;
[6] Whether the dock will cause habitat fragmentation and loss of significant coastal
fish and wildlife habitats;
[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;
[8] Whether the dock will unduly restrict tidal flow or water circulation;
[9] Whether the dock will be safe when constructed;
[10] Whether the dock will adversely affect views, viewsheds and vistas important to
the community;
[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
[12] Whether adequate facilities are available to boat owners and/or operators for
fueling, discharge of waste and rubbish, electrical service and water service.
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:
Kieran Corcoran, Assistant Town Attorney
John Sepenoski, Chair, LWRP Coordinating Council
Office Use Only
~.,.(~tal Erosion Pen'nit Application
JWetland Pemait Application Administrative Pennit
AmendmentFFrans fer/Ex~nsion
~,~'Rece~-ved Application:
~z-R~ceived Fee:$ ~..%~ '
__Incomplete
Type I Type II___Unlisted
__Coordinafion:(date sent)
~__~ate oflnspeclion: !
__Receipt ofCAC Repotrt:
__Lead Agency Determination:
Technical Review:.
'~Public Hea~ing Held:
__Resolution:
Name ofApplicant----~tt~ ! J~J~.
PhoneSumber:( ) ~7/ '~,.~
Suaotk County W~ Map Number: 1000- t~q" ,~ - [1.
P~ope~y[oea~on: I~0 ~leari4e~.~
(provide L1LCO Pole #, distance to cross streets, and location)
(If applicable)
Phone:
of Trustees Applicatio0
GENERAL DATA
Land Area (in square feet):_~~_
Previous use of property:
I '
Intended use of property:
Prio..r permits/approvals for site improvements:
Agency Date
__ No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a governmental agency?
ge No Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
of Trustees Applicatio~
WETLAND/TRUSTEE LANDS APPLICATION DATA
Area of wetlands on lot:o,9~ ~t~ square feet
Percent coverage of lot: _¥~ %
Closest distance between nearest existing structure and upland
edge of wetlands: /~ feet
Closest distance between nearest proposed structure and upland
edge of wetlands: ~.9 ~ feet
Does the project involve excavation or filling?
)~ No Yes
If yes, how much material will be excavated? ~IA
How much material will be filled? t~J/ac cubic yards
l
Depth of which material will be removed or deposited: t, ll~
Proposed slope throughout the area of operations: ~1/t.
Manner in which material will be removed or deposited: ~ h
cubicyards
feet
Statement &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):
8~te Environmental'Quality Review"
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLI~I'ED ACTIONS,Only ~,**::
PART J- PROJECT.INF. ORMATIQI~,(To, be C°mPl~ed by AppliCant'or Project Sponsor)
1. APPLIGANT~POIMOR 1 2,' PROJECT NAME ' ~ .... ~ '
3. PROJECT LOCATION:
4. PRECISE LOCATION ($tm~ eddrM~ and roe(~ I~teme~ns, prominent I~nclmad~, etc. or provide map)
/o21o ~(..~.~v,,wr~
7. AMOUNT OF LAND AFFECTED:
WILL Pr.~POSED A~ ~MPLY ~ ~I~NG ZONING OR O~ ~NG ~D USE RES~C~ONS?
10. OOEB ACTION I~OL~ A PE~IT ~PR~ OR FUNDING, N~ OR UL~Ly FROM ~ O~ER GO~RNMENT~ AGENCY
I G~H I I~T ~E IN~O~ON ~O~OED ~0~ 18 ~UE ~E B~ ~ ~ ~O~E
name:/(~ ~. ~ ~ ~ ~ Om:
If th[~ll~ .lB ~..CO,~'j'~.L.nd yOU a~-a ,~te ,gen~, ~mplet. the
m ~mment Fo~pm proce~lng ~Rh thM a*~e~ment
OVeR
COSTELLO MARINE CONTRACTING CORPORATION
DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING ° FLOATS
423 FIFTH STREET · RO. BOX 2124 · GREENPORT, NEW YORK 11944 ° (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005
.lanuary 11, 2007
Southold Town Trustees
PO Box 1179
Southold, NY 11971
RE:
Htzpatrick property - 1030 Clearview Road, Sout~old
Dear Heather and/or Laumn:
dAN 12 2007
Enclosed you will find the notarized proof of mailing to Mr. Fitzpatrick's neighbors and
the proof of posting with photographs.
If any additional information is needed, please do not hesitate to contact me.
Sincerely,
~]an~Costello
Permit Hanager
Enclosures
7001:, 0810 0003
CERTIFIED
STATE OF NEW YORK
COUNTY OF SUFFOLK
7006 0810 0003 688~
,.~-~oc~l[0 , residing at "/6~ C~'~ ~ '~ax.~v,[[~. K~Y 1{ ~
., ~ing dMy sworn, d~s ~d ~ays ~at on ~e
~ ~y of~ 20~, d~onent mailed a ~e copy of~e Notice
~t ~ in ~e Bo~d ~T~te~s Application, ~rec~d to each of ~e above rimed
p~s~s at the ~&esses set ~posite ~e respective nines; t~t ~e ad~sses set
opposite the roes of s~d p~ons me the address of said p~o~ ~ shorn on ~e ~t
assessment roll of~e To~ of S~u~old; ~at said Notices w~ mailed at ~e United States Post
Office at ~ ~ I I q~ ~ , that smd Notices w~ roiled to each of s~d ~B~s by
(ceffified) (registered)mail. ~~~~
Swom ~fore me this ~ ~
Day of_~ ,20~
CYN~IA M. MA~~INO
NOT~Y PUBLIC, $TAT~ O~ N~ YORK
NO:01 MA81 ~
OUAUFI~D IN $UFFO~ OOU~
NOTICE TO ADJACENT PROPERTY OWNER
BOARD OF TRUSTEES, TOWN OF SOUTHOLD
In the matter of applicant:
Tom Fitzpatrick
SCTM # 1000-89-3-11.3
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to request
a Permit from the Board of Trustees to:
Construct a 4'x 16' ram~,
A 4'x20' catwalk continuing with another 4'x42'
catwalk section,
A 4'x20' fixed dock section,
A 32"x20' seasonal aluminum
A seasonal 6'x20' floating dock secured by two 2-pile
dolphins
2. That the property which is the subject of
Environmental Review is located adjacent to your property
and is described as follows:
1030 Clearview Road, Southold, NY 11971
3. That the project which is subject to Environmental
Review under Chapters 32, 37, or 97 of the Town Code is
open to public comment on Januar~ 24, 2007 at 6:30pm. You
may contact the Trustees Office at 765-1892 or in writing.
The above referenced proposal is under review of the Board
of Trustees of the Town of Southold and does not reference
any other agency that might have to review same proposal.
OWNERS NA/~E:
MAILING ADDRESS:
Tom Fitzpatrick
447 East 14~ Street A~t.
New York, NY 10009
7A
Enc.: Copy of sketch or plan showing proposal for your
convenience.
I
· · 4.!
ii
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
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
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
residing at -/~1 {~$4~x_~o(t. ~,,~vl Ile air/IT D
being duly sworn, depose and say:
That on the day of ~)o.v~. ,200~,, I personally posted the property known as
/~5~ C/e~,'~'~) "/2~a/ . .Y~,.,~/r/ AJY II 9 7/
by placing the Board of Trustees official poster where ~t can easily be seen, and that I have
checked to be sure the poster has remained in place for eight days prior to the date of the public
hearing. Date of hearing noted thereon to be held [! 1,,~. ~./0 n, ~ !/t ~) ~
Dated:
SV!;)m to belfore me t~s
CYNT MANWAR N .......
~4OTARY PUBLIC, STATE OF NEW YORK
NO:01 MA61~507
QUALIFIED IN SUFFOLK COUN~
COMMISSION EXPIRES OC~. 20 ~
Tom & Julia Fitzpatrick
1030 Clea~/iew Road, Southoid
~rd of Trustees Applicatio~
County of Suffolk
State of New York
G elio
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES
HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS AR/SING
UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS
APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S), TO EN'I~R ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WITH REVIEW OF Tills APPLICATION.
SWORN TO BEFORE ME 1~.. DAYO
Ouet ified In Suffolk Count¥,47~
Oommi$$ion Expires du
FROM .: COSTELLO MARINE CONT.
PHONE NO. : 632 497 0005
S~p. 26 200G 09:34AM P4
COSTELLO MARINE CONTRACTING CORPORATION
DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS
FIFTH STREET · P.O. BOX 2124 · GREENPORT. NEW YORK 11944 · (631) 477-1 ! 99 / 477-1393 / 477-0682 · FAX [63 t! -77.0005
A UTItORIrT-'ATION FORM'
(N~me) I (Bus/ness/JProper~y Name)
do h~by give Cos~llo ~fine Coning ~. ~e au~od~ to ~ as agent in my
behalf in applying for all ~e ne~s~ ~ for work to ~ ~mpleted at my above
owner of /~ ~¢o.'-vic~v" ~o'~
referenced property.
Date
Si~ture
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete tlnAs CCAF for
proposed actions that are subject to the Town ofSouthold Waterfi'ont 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 Buildhtg 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
Waterfi~ont Revitalization Program. A proposed action will 'be evaluated as to its significant
beneficial and adverse effecis t~pon the coastal ar,ea (which includes all of Southold To,m). '
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town ofSouthold's website
(southoldtown.nSrthfork.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
scm bq - :3 -li. 5
The Application has been submitted to (check appropriate response):
TownBoard [] Planning Dept. ill Building Dept. [~ BoardofTrustees
1. Category of Town of Southold agency action (check appropriate response):
(a)
(b)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
Financial assistance (e.g. grant', loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Site acreage:
Present land use:
Present zoning classification?/0
Ifm ~phcafion for ~e propos~ ~fion h~ b~ flied ~i~ ~e Tom of Sou~old agency, the following
i~omation sh~l be pmhded:
(c) Telephone nmb~:
(d) Application number, ifa. ny:
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?, b~l _~,, AC~)~"
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 ben'eficial use of a coastal location, and
minimizes~dverse 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 ~'~ No ~l~Not Applicable
Attach additional sheets if
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
~ Y~s ~'~ 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
A~ach 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 ~fNot 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
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 3:2 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 i}azardous
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 III - Policies; Pages 38 through 46 for evaluation
criteria.
~) Yes ~'~ No ~-~ Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
~ Yes [] No ~'] Not Applicable '-
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ~he 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 Southold. See LWRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
[] Yes ~ 1No~ 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
Created on 5/25/05 11:20 AM
Date:
To:
Proposal:
December 13,
Southold Town Trustees and Mark Terry
Construct a 4'x16' ramp up to a 4'x20' catwalk to a 4'x42' catwalk onto a 4'x20' fixed dock with a
seasonal 32"x20' aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile pilings.
DEVELOPED COAST
Policy I 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.
Our proposal is consistent with this policy in that it a dock structure that will be utilized by the
property owner to access his boat in order to access larger bodies of water. Our proposal makes
beneficial use of this waterfront location. Waterfront property is the only appropriate location for a
dock. The addition of this structure will not increase adverse effects on development.
Policy 2
Preserve historic resources of the Town of Southold.
This project location has no significant historic resources.
Policy 3
Enhance visual quality and protect scenic resources throughout the Town of Southold.
Our proposal will not have a negative impact on the visual quality or scenic resources. Any
disturbance to the indigenous vegetation during the initial construction is expected to re-establish its
self within a season's time. The size of our dock structure is appropriate for this area. We are
proposing a small 4' wide structure to access deep water then place a 6'x20' seasonal float to service
a small boat.
NATURAL COAST POLiCiES
Policy 4 Minimize loss of life, structures~ and natural resources from flooding and erosion.
Our proposal has no impacts on the flooding or erosion of natural resources.
Policy 5
Protect and improve water quality and supply in the Town of Southold.
Our proposal will not have any impact of the water quality or supply in the Town of Southold.
Policy 6
Protect and restore the quality and function of the Town of Southold's ecosystem.
Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction
there will be a disturbance to the ecosystem but this area will easily re-establish itself within one
season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we
will adhere to any special conditions placed on this project in order to protect the wetlands on this
site.
Policy 7
Protect and improve air quality in the Town of Southold.
Our proposal will not have any impact on the air quality in the Town of Southold.
Policy 8
Minimize environmental degradation in the Town of Southold from solid waste and
hazardous substances and wastes.
Our proposal will not influence the environmental degradation in the Town of Southold from solid
waster and hazardous substances and wastes.
PUBLZC COAST POI~CIE~
Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and
public resources of the Town of Southold.
Our proposal will give the property owner the ability the access his boats and engage in the
recreational use of coastal waters. The dock will not inhibit others ability to access these same
waters.
Page 2 of 2
LWRP for Fitzpatrick
WORKING COAST POLZ~,JE;
Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of now water-
dependent uses in suitable locations.
This is a waterfront piece of property. With the addition of this dock facility the property owner will
be able to access his boat to engage in watar-dependent activities such as kayaking, fishing, site
seeing, watar-skiing and swimming.
Policy 11
Promote sustainable use of living marine resources in the Town of Southold.
Our proposal is minimal in size so there won't be much impact on the living marine resources. The
dock will be only be ~,' wide minimizing the shading of the exisUng vegetation. The structure will also
be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With
adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their
function of providing food and shelter for small fish.
Policy 12
Protect agricultural lands in the Town of Southold.
Our proposal will not have any impact on agricultural lands in the Town of Southold.
Policy 13
Promote appropriate use and development of energy and mineral resources.
Our proposal will not have any impact on the development of energy and mineral resources.