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HomeMy WebLinkAboutTR-821205/20/2015 11:00 6317656941- SOUTHOLD TRUSTEEs PAGE 01/01 John M. Bredemeyer.Uj, President Michael J. Domino, rj*e-President James F. King, Trustee Dave Bergen, Trustee Charles 4- Sanders, Trustee 'ff9j.;&;jv IGN -1181 "PLICATION FOR AN AMNDMENT TO, A Town NO Annex 54375 Main Road P-0. Box 1179 Southold, New York 11971-0959 Telephone (681) 765.1892 Fax (631) 766-6641 DATE (ko) ('s, Ca MAIUNGADDRESS AGENT PHONE ADDRESS PROPERTY LOCATION TAX MAP N0.qjnV I ala", -�S I/W-e tie request an Amendment to permit n MAY 2 1 2015 W �� i 1a'�i �`/ Signed By: BYRNE Property Situate: 360 North Riley Avenue, Mattituck, NY SC-rM#: 1000 - 122 - 04 - 26 & 43 Top of escarpment to be vegetated with Cape American Beachgrass Date: 6/19/2013 Drawn By: TFL Comments: Adapted From the survey prepared by Pecomc Swveyors last reused on Tune r MAY 2 1 2015 rpment to � - r A DD, ID r;\/Cr, o I=- BYRNE Property Situate: 360 North Riley Avenue, Mattituck, NY SCTM#: 1000 - 122 - 04 - 26 & 43 Top of Bulkhead Assembly ---- --- to be covered by 30" wide wooden bulkhead cap. 6. I f MAY 2 1 201 St�rMcAnd cn Tire bit `Y� } 30utkhoidBO 2a�itng 3c�-t h gh Top of Escarpment to be vegetated with Cape American Beachgrass T o/c Page 3 of 4 John M. Bredemeyer HI, President ®G Michael J. Domino, Vice -President James F. King vQs Dave Bergen Charles J. Sanders ♦ }` IW I 7zh. NSPECTION: 275 Ch. 111 INSPECTION SCHEDULE Pre -construction, silt fence 1St day of construction '/ constructed Project complete, compliance inspection. INSPECTED BY: Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax(631)765-6641 COMMENTS: CERTIFICATE OF COMPLIANCE: �D J/S -- # 1137C Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 CERTIFICATE OF COMPLIANCE Telephone (631) 765-1892 Fax (631) 765-6641 Date: July 16, 2015 THIS CERTIFIES that the construction of an 11' wide by 20' long boat basin with a 30" wide wooden bulkhead cap, a 3' high Timber -Tech railing surrounding the bulkhead capping; the top of escarpment to be vegetated with Cape American beach grass; and the slope of escarpment to be vegetated with Spartina Patens. At 360 North Riley Ave. (ROW off Ole Jule Lane), Mattituck Suffolk County Tax Map #122-4-43 Conforms to the application for a Trustees Permit heretofore filed in this office Dated March 21, 2014 pursuant to which Trustees Wetland Permit #8212 Dated June 19, 2013, was issued, and Amended on June 17, 2015, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of an 11' wide by 20' long boat basin with a 30" wide wooden bulkhead cap; a 3' high Timber -Tech railing surrounding the bulkhead cappin ; the he top of escarpment to be vegetated with Cape American beach grass; and the slope of escarpment to be vegetated with Spartina Patens. The certificate is issued to ROCHELLE BYRNE owner of the aforesaid property. Authorized Signature John M. Bredemeyer III, Presiden Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee # 1137C Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 CERTIFICATE OF COMPLIANCE Telephone (631) 765-1892 Fax (631) 765-6641 Date: July 16, 2015 THIS CERTIFIES that the construction of an 11' wide by 20' long boat basin with a 30" wide wooden bulkhead cap, a 3' high Timber -Tech railing surrounding the bulkhead capping; the top of escarpment to be vegetated with Cape American beach grass; and the slope of escarpment to be vegetated with Spartina Patens. At 360 North Riley Ave. (ROW off Ole Jule Lane), Mattituck Suffolk County Tax Map #122-4-43 Conforms to the application for a Trustees Permit heretofore filed in this office Dated March 21, 2014 pursuant to which Trustees Wetland Permit #8212 Dated June 19, 2013, was issued, and Amended on June 17, 2015, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of an 11' wide by 20' long boat basin with a 30" wide wooden bulkhead cap; a 3' high Timber -Tech railing surrounding the bulkhead cappin ; the he top of escarpment to be vegetated with Cape American beach grass; and the slope of escarpment to be vegetated with Spartina Patens. The certificate is issued to ROCHELLE BYRNE owner of the aforesaid property. Authorized Signature John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee June 17, 2015 Rochelle Byrne 9 Shaftsbury Lane Melville, NY 11747 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 RE: 360 NORTH RILEY AVE. (ROW OFF OLE JULE LANE), MATTITUCK SCTM# 122-4-43 Dear Ms. Byrne: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, June 17, 2015: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #8212 for the as -built 3' high Timber -Tech railing surrounding the bulkhead capping; and as depicted on the revised site plan prepared by Rochelle Byrne, received on May 21, 2015, and stamped approved on July 15, 2015. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB:eac John Bredemeyer, President FF01 Michael J. Domino, Vice -President James F. King ti s Charles J. Sanders • Dave Bergen 0 Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: 1�'— ROCHELLE BYRNE requests an Administrative Amendment to Wetland Permit #8212 for the as -built 3' high Timber -Tech railing surrounding the bulkhead capping. Located: 360 North Riley Ave. (R.O.W. off Ole Jule Lane), Mattituck. SCTM# 122-4-43 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre -Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Storm Water Management Review: Yes No Not Applicable Info needed: Modifications: Conditions: Present Were: —J. Bredemeyer /M. Domino'.' - J. King C. Sanders I-,- D. Bergen Bay Constable Other Form filled out in the field by s/ , V Mailed/Faxed to: Date: 1 ►; 4 John Bredemeyer, President �o$uFFo���, Town Hall Annex Michael J. Domino, Vice -President 54375 Route 25 James F. King ti = P.O. Box 1179 Charles J. Sanders a Southold, NY 11971 Dave Bergen oi ,� �a Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: RdY IS /J 1 `y'fJ Site Inspection .of ROCHELLE BYRNE property regarding Wetland Permit #8212. Located: 360 North Riley Avenue, Mattituck. SCTM# 122-4-43 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Z9 e—� . Part of Town Code proposed work falls under: `-- hapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre -Submission Violation Notice of Hearing card posted on property: _ Storm Water Management Review: Yes Info needed: Modifications: Yes No Not Applicable No of Applicable Conditions: X11 gqW &/ el4lj — Present Were: K. Bredemeyer ✓M. Domino 1/5'. King C. Sanders °`D. Bergen Bay Constable Form filled out in the field by Mailed/Faxed to: Date: �, d6 Other y April 20, 2015 -Robert Krudop 4650 Ole Jule Lane Mattituck, NY 11952 Southold Town Trustees 54375 Main Rd. Southold, NY 11971 Re: Permit #8212 Dear Sirs: 7 I 11 APR 2 0 2015 I I i Over the weekend a railing was installed around a boat basin on the above referenced permit. Please review and advise the permittee it is outside the scope of the design. If a revision is sort in any way from the existing -permit I request the entire project be considered for resubmittal as it is entirely different from the original request and should be properly notified. Much consideration is needed for returns on the mouth of the basin to either side of the property lines. I also recommend a site inspection be made as the revegetation of the upland site consisted of spreading out trucked in yard waste, not top dressing with seed. I do have pictures if needed. The slope does not seem to be planted with Spartina Patens but entirely American Beach grass. The permit does not state a different path other than the Right -Of- Way owned by the permittee, nor does it have written permission in any submittal that I'm aware, from the Road leading to Strong's Marina, as brush and sapling have been removed with the use of the same. Don't know what your protocol is for code violators, please consult with the Bay Constable, as the landscaper over the weekend has been hand dredging using a bucket brigade at the mouth of the basin causing the bank to continue to sluff deteriorating my property neighboring on the Northside. Not to mention the landscapers themselves tramping over my property with their bucket brigade without permission, further eroding the slope of my property. Sincerely, Robert Krudop December 8, 2014 Robert Krudop 4650 Ole Jule Lane Mattituck, NY 11952 Southold Town Trustees 54375 Main Rd. PO Box 1179 Southold, NY 11971 RE: Permit #8212 Dear Sir: IL Lz s APR 2 0 205 i , e✓ J7GiiIJlu �iit�dfi� The Boat Basin you approved and gave a permit should be revaluated. Fines and definite amendments should be imposed. Enclosed are 14 pictures in sequence for your review. It was unnecessary to fill and devastate the vegetation to the south of the basin. Given the contractor used heavier gage sheathing and more 6"by6" pilings then engineered the southern wall that dead ends in the creek is falling in. As pictures dictate the contractor after backfilling the tie -rod system, started to dredge out the center of the basin, when the southern wall started to collapse. To save his profits with no regard to the property ownership nor the environment their failed attempt to right the wall allowed him to lose the dredge material by filling in the creek, increasing the slope of the bank, and devastating the vegetation. Losing dredged material reduces the amount need to be trucked off site. If there was ever a time to impose a fine this is it! Where is the silt screening and straw bales? Should it be found that the structure is unsound, material used was not installed deep enough; the lay - logs and dead -men were not installed far enough back from the basin walls edge because of the lack of property, I recommend removal. If you permit the basin to stay given its integrity I recommend having the southern wall straightened, remove the excessive fill dumped into the creek as well as a reduction in the slope of the area south of the basin, revegetate with Alterniflora along the water's edge and whatever other natural vegetation was removed that matches. A daily fine should be imposed until the work is completed. The permit should also be amended to install perpendicular extensions at the end of the basin walls along the water's edge to the property lines so neighboring owns can connect to protect their properties from eroding into the dredged mouth of the basin. I understand the need for capping on the basin wall, but the cantilevered deck on the northern basin wall (structurally sound or not) encroaches too much toward the property line. I also see no need for the 6"by6" pilings to extend above the top of the basin wall, looks like the rough stud framing of a house on top of a bare foundation. I strongly suggest you visit the site, please don't hesitate to contact me cell 631-275-9796 or home 631- 298-7057. Sincere , Rob Krudop New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0362 Fax: (631) 444-0360 Website: www.dec.nv.gov April 25, 2014 Ms. Rochelle Byrne 9 Shaftsbury Lane Melville, NY 11747 Re: Permit No.: 1-4738-04138/00001 Dear Permittee: Joe Martens Commissioner are �.._,OF 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 modification to your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Sincerely, Maryll. MacKinnon Environmental Analyst Trainee I MAM/Is NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04138 Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: ROCHELLE BYRNE 9 SHAFTSBURY LN MELVILLE, NY 11747 (631) 926-5152 Fa' 'y ApWiVtion Contact: SUF OL�iC ElV IRONMENTAL CONSULTING INC PO BOX 2003 BRIDGEHAMPTON, NY 11932-2003 (631) 537-5160 Facility: BYRNE PROPERTY 360 N RILEY AVEISCTM MATTITUCK, NY 11952 e m 1000-122-04-043 DEC -4 2094 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Mattituck Facility Principal !deference Point: NYTM-E: 708.072 NYTM-N: 4539.998 Latitude: 40°59'04.7" Longitude: 72°31'35.9" Project Location: 360 No. Riley Ave - Watercourse - James Creek Authorized Activity: Install a boat slip instead of the approved fixed dock. New bank shall be graded so that the new slope will be 1:1 or less. Re -vegetate new bank with native plantings. Resultant 70 cubic yards of excavated material to be trucked off site to an approved location. All authorized activities must be in strict conformance with the attached three page plan prepared by Matt Ivans of Suffolk Environmental Consulting, Inc. dated 4/22/14 and stamped NYSDEC approved 4/25/14. (MAM) Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-04138/00001 New Permit Effective Date: 1/9/2013 Expiration Date: 1/8/2018 Modification 4 1 Effective Date: 4/25/2014 Expiration Date: 1/8/2018 Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 1-4738-04138/00002 Modification # 0 Effective Date: 4/25/2014 Expiration Date: 1/8/2018 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-04138/00003 Modification # 0 Effective Date: 4/25/2014 Expiration Date: 1/8/2018 Page 1 of 7 am NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04138 NYS EC 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 Administrator: SUSAN ACKERMAN, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ ST NY BROOK150 CIRCLE RD STONY BR OK, NY 11790 -3409 Authorized Signature: 1711 �0 11 f1� SUFFOLK ENVIRONMENTAL CONSULTING INC Habitat - TW MARY A MACKINNON Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Date �. / Z5 / 201 q NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: tr'4 ,7 TIDAL a., ' vFIIJ . EXCAVATION FILL IN NAVIGABLE ---WATERS; ', tk t rR. QUALITY i14 iTO ", 1. 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. 2. 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. Page 2 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA'T'ION � Facility DEC IID 1-4738-04138 3. Notice of Commencement At least 48 hours prior to commencement of the project, the 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 completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 4. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready -mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. s. Seeding Disturbed Areas All 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. 6. 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. 7. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to an area upland from the most landward portion of proposed bulkheading. 8. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. 9. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 1o. Backfilling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other approved shoreline stabilization structures shall be completed prior to placement of any fall material behind such structures. 11. No Equipment below Apparent High Water Equipment operation below (seaward) apparent high water is strictly prohibited. 12. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the structure and retained so as not to enter the waterway, tidal wetland or protected buffer area. 13. Grade and Stabilize Slope of Tidal Wetland The existing bank shall be graded and shaped to receive the revetment or other shoreline stabilization structure so that the final toe of slope extends no further seaward or closer to the tidal wetlands than the existing toe of slope. 14. No Runoff Over or Through Bulkhead or into Wetland There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or protected buffer area. Page 3 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 1-4738-04138 15. Bulkhead Decking No portion of the decking or boardwalk shall extend seaward of the bulkhead sheathing. 16. Wood Preservatives a. Pressure treated wood used for construction of in -water structures must have undergone a treatment process approved (stamped or otherwise marked as certified) by the American Wood Preservative Association. b. Wood treated with Pentachlorophenol (PCP) must not be used in wetlands or surface waters. c. The use of creosote treated wood is prohibited both in the water and upland areas. d. Chromated Copper Arsenate (CCA) pressure treated wood must be clean and free of CCA surface deposits. Wood with surface deposits must be washed for at least 5 minutes under running water prior to use. The washing must occur greater than 100 feet landward of any regulated wetland and/or water body. (Note "E." below for handling wash water.) e. Any wood debris such as sawdust or wash water must not enter any water body, including wetlands or protected buffer areas. 17. Dredgings to Remain On-Site/Within Wetland Dredge material approved to remain on-site and/or within the NYSDEC Tidal Wetlands jurisdiction shall be retained so as not to enter any water body, tidal wetlands, or protected buffer areas. Off-site, upland disposal of dredged material beyond NYSDEC Tidal Wetland jurisdiction requires the additional guidance of the Division of Materials Management (631) 444-0375 and is not covered by this permit. 18. Restrict Spillage, Use Closed Bucket During the dredging operation, the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed bucket equipment. 19. Into Side -casting or 'Temporary Storage Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side -casting (double dipping) or temporary storage of dredged material is authorized. 20. Dragline Prohibited The use of a dragline for dredging is strictly prohibited. 21. Leave a Uniform Bottom Elevation All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes. 22. Dredging Prohibition Period Dredging is specifically prohibited from June 1 through September 30 each year to protect spawning shellfish and/or spawning finfish. 23. Dredged Materials above AHW All material shall be placed landward of apparent high water. 24. Dredging Once Per Year Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the department. 25. No Interference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized. Page 4 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04138 26. Conformance With Plans All activities 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 Matt Ivans of Suffolk Environmental Consulting, Inc. dated 4/22/14 and stamped NYSDEC approved 4/25/14. 27. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 28. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department 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, excavation, 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. 29. 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. 30. Precautions Against Contamination of Waters All 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. WATER , Ai ISE QUALITY C EYlRi l\. i /•` a.. 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 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. Page 5 of 7 NEW YORK STATE DEPARTMENT of ENVIRONMENTAL CONSERVATION � Facility DEC ID 1-4738-04138 26. Conformance With Plans All activities 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 Klatt Ivans of Suffolk Environmental Consulting, Inc. dated 4/22/14 and stamped NYSDEC approved 4/25/14. 27. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 28. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department 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, excavation, 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. 29. 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. 30. Precautions Against Contamination of Waters All 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. WATER QUALITY CERTIFICATION SPECIFIC FIC CONDITIONS I. 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 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. Page 5 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04138 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; e. noncompliance with previously issued provisions of the Environmental Cons the permitted activity. conditions, orders of the commissioner, any . Law or regulations of the Department related to 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. Item Ae Permittee Accepts Legal Responsibi The permittee, excepting state or federal agenc Department of Environmental Conservation of and agents ("DEC") for all claims, suits, action permittee's acts or omissions in connection wit with, or operation and maintenance of, the faci compliance or not in compliance with the term not extend to any claims, suits, actions, or dam intentional acts or omissions, or to any claims, Article 78 of the New York Civil Practice Lave under federal or state laws. ' '' ty and Agrees to Indemnification s, expressly agrees to indemnify and hold harmless the ie State of New York, its representatives, employees, and damages, to the extent attributable to the the permittee's undertaking of activities in connection ty or facilities authorized by the permit whether in and conditions of the permit. This indemnification does ;es to the extent attributable to DEC's own negligent or wits, or actions naming the DEC and arising under and Rules or any citizen suit or civil rights provision Item 13: Permittee's Contractors to Comply Iith Permit The permittee is responsible for informing its i�dependent 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 donservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtainini Other Required Permits The permittee is responsible for obtaining any ther permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item Da No Right to 'Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights 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 M 5-k -itx if 41 ra it "W� 44 %v, k� A Z A Y w- -0 q U 40101,± A 4 K M L'S" iPA, .01 n -21� on--�qg. PAO ,e �J .... .. A V�, 7, 17 iROAM, IV NOTE: Proposed Dredging T to be I performed by' fz, small excavator which will commence the excavation at 4the seaward limit of the project area (during low tide), ,7 working landward to the landward limit of the project Y"� - N 11 "W "ti, area. Prior to excavation, a silt curtain will be employed f all potential turbidity dispersion. All TE: Proposed -AI.Mr and' AiBV: the to contain any and within proposed Bost Basin located gong the seaward sides of Y results t spoil to be loaded onto trucks and taken to Zop n approved, upland InG yid epkopose�dbulkhe di cations for deposit. 4", P9 agtagOVED AS PER TERMS PERMIT N O 7- z zFah 0 X o t- 1 O z O b r Nq rh P 17�jl � A-1— Proposed Native Plantings Proposed BOAT BASIN Proposed Native Plantings (Sparlinapatens) (Aninophila brevilipilata) f Proposed TIMBER CLAMP/FOLLOWER I11.01± >J I. Proposed TOP CAP (so" Wide) Top 1A, ofBank P, P Zt 14 Q4 4 i• i �`. + jj» I ,t t I W11 HING !INIYI,Sllk�' N1, Z, 8 [�+ .0 r1l o z:I 4�! i. w U'q J 7 is 30Ch Z c ._.;....,,...^,-ARW !1: Y 41 .a ,. '^k sA,-�f< v Nla °s,g' `717 .�., * _ z � o ' y �;y-,"a4�✓`�.r : F bF 't6 � • ,4f In 0 .7 J 14 V Y .. MIX ' ;4; 1—", 'J" c F aw, 'A' IF %/ I T111 X "H 5 Vi 4! Gl> z E v r U� Yl w t",; -- '74 U., t 4, 0 z E i"4 .;, - ;t4. 1, 5 '-t I - -1 A Dredging to b NOTE: Proposed e performed by iirra g` small excavator which will commence the excavation at • t,4 �6 ". - .1 � 1, '1, —, A 0 the seaward limit of the project area (during low ti „r r de), ti .55 working landward to the landward limit of the project fl! -,"P 13, "'P ;;';.,.r, J area. Prior to excavation, a silt curtain will be employed , ZE TV to and all turbidity dispersion. All contain any potential 17 resultant spoil to ST "ELVIV N res be loaded onto trucks and taken to approved, upland locations for deposit. 17�jl � A-1— NO :I .ELEVATIOIN = Scale, 1.0" 3.0''±, - Pro osed ROA °I3 SIN o 0 Proposed°Native Plantings Proposed Native Plantings (fhntnophila brepiligiilgt) • (Spartinla pate,is) Qj (� 0 Proposed TOP CAP (30" Wide)t i H n 20.0'' f Q a, � 4 :i.:.a..:...+.-„....y......«. 2,_:`::.`,'> .+✓»-W `9”<.:«•'+'`• ....e.5. 3:FS^ .b4AAiw.�-�..,, 7 ` ao'` Edge of Ekisting'Channel. c ^" p'?¢ '.�, ' �;:'" -�: +.� i �k\•;ice" $��' {y �: :O 0 ...'.:;, `;` '', `'o'�= ` T' r,� J ,...a. — e6 oseii�dll:V�''. : `..:;,•.'-� - Ail�,i' >.-.r..l:.-.;....,.,., .. ',�C`J, ;'.-. ... , �. , ��+L-�±S.- ... -• ^a" "1,�'5- __ .. _F -. — - '--' : r•—, �• � ....- ....w. e � ' ^�^� > o p®� pp � 3 Fil r o- dry i ^a .§ � r� =I'��,�ti`�'. n., J, 'r"' �A-. � �nc,am ?k •^;.r 1,Z,':_ � G. m ' . ...^ira$".« s a.�1 ,'^..v.' '-'�„a+'..- •-c. •.V.. `.�'^�r.'-.Ld`'... ., .. .. - `�' at `f. '^\ � ''�'• ��+�..'ixt r+ .,.... ;%' x;i l''rs,l,,�3fil ul��;t`t-, Si�li�..�•t�fliiva,, .. _ I � '`I w 'w - .r; =o f: Pra' sed'`,CT�TBI•;it - 'P Iwii�f�r'siiriiltrs^ - o; i � C E C"A PlrtOL[ OSx1Elr (, 1'l,0' ± [9 NOTE: Proposed Dredging to be performed by f' z u small excavator which will commence the excavation at the seaward limit of the project area (during low tide), ` NOTE: Total volume of resultant ° working landward to the landward limit of the project_^ pID,y dredge fill will be 70 cubic a area. Prior to excavation, a silt curtain will be employed yards to contain any and all potential turbidity dispersion. AllIn d resultant spoil to be loaded onto bucks and taken to ,,` ``' r OTE. Grade of new Bank oes ` r approved, upland locations for deposit ": A, ` • "" not exceed a i.l slope. c [ James F. King, President gFQj,l.c Town Hall, 53095 Main Rd. Bob Ghosio, Jr., Vice -President ,�� P.O. Box 1179 Dave Bergen Southold, NY 11971 w John Bredemeyer �y �. Telephone (631) 765-1892 Michael J. Domino 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 % constructed _-2— Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8212 DATE: JUNE 19, 2013 ISSUED TO: ROCHELLE BYRNE PROPERTY ADDRESS: 360 NORTH RILEY AVE. (ROW OFF OLE JULE LANE), MATTITUCK SCTM# 122-4-43 AUTHORIZATION Pursuant to the provisions of Chapter 275 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 19, 2013, and in consideration of application fee in the sum of $250.00 paid by Suffolk Environmental Consulting Inc. 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 an 11'W X 20'L boat basin with a 30" wide wooden bulkhead cap; top of escarpment to be vegetated with Cape American Beachgrass; and slope of escarpment to be vegetated with Spartina Patens, and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated June 19, 2013, and stamped approved on June 19, 2013. 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, Rochelle Byrne residing at 360 North Riley Ave (ROW off Ole Jule 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. 2. 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. 3. 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. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. 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. 7. That if future operations of the Town of Southold require the removal and/or alterations in thelocation 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. 9. 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. 0 James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino June 19, 2013 OF SO �4UNTY,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Matthew D. Ivans Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932 u Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 RE: ROCHELLE BYRNE 360 NORTH RILEY AVENUE (ROW OFF OLE JULE LANE), MATTITUCK SCTM# 122-4-43 Dear Mr. Ivans: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 19, 2013 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of ROCHELLE BYRNE 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 March 21, 2013, 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 Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: to construct an 11'x20' boat basin in lieu of dock proposal; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 19, 2013, at which time all interested persons were given an opportunity to be heard, and, 2 0 0 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 ROCHELLE BYRNE to construct an 11'W X 20'L boat basin with a 30" wide wooden bulkhead cap; top of escarpment to be vegetated with Cape American Beachgrass; and slope of escarpment to be vegetated with Spartina Patens, and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated June 19, 2013, and stamped approved on June 19, 2013. 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, James F. King President, Board of Trustees JFK/amn James F. King, President Bob. Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino TO: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 0 Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 C Please be advised that your application dated. - 3 has been reviewed by this Board at the regular meeting of . 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) 1" Day of Construction ($50.00) % Constructed ($50.00) JFinal 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 fopowing fee must be paid' within 90 days or re-application fees will be necessary. You will receive your pennit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ SD , ©U BY: James F. King, President Board of Trustees e- ey Irne- 0 0 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bruce Anderson, M.S., President June 24, 2018 Ms. Mary A. MacKinnon — Agency Program Aide NYS Department of Environmental Conservation SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Fax: (631) 537-5291 JUN 2 5 2013 Re: BYRNE Property PROPOSED DOCKING STRUCTURE DEC App.#: 1-4788-04188/00001 Situate: 360 Riley Avenue; Mattituck; Town of Southold, New York SCTM #: 1000 — 1!99.— 04 - 043 Dear Ms. MacKinnon, This Firm represents Ms. Rochelle Byrne, owner of the above referenced property, who applied for and received a Tidal Wetland Permit to construct a fixed dock. The fixed dock was also the subject a full environmental review undertaken by the Southold Town Trustees. A Trustee Permit is also required in order to construct a dock. During the course of review, the Trustees recommended that a boat slip be constructed in lieu of a fixed dock and resolved to issue a permit during their regular meeting of 19, 2013. The boat slip is viewed as preferable by the Southold Trustees as it eliminates navigational issues in this narrow man made dug channel. Also, there are no protected tidal wetland species where the boast slip is proposed. Request to modify the existing Tidal Wetland Permit is hereby made. Enclosed herewith for your review, please find: (1) Aerial Photograph depicting the proposed 11' x 20' boat slip (4 copies); and (2) Project Plans prepared by this office dated last dated June 19, 2013 (4 copies). By way of this correspondence, and on behalf of Ms. Byrne, I respectfully request you review the attached plans and issue the requested permit modification. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your cooperation. • Sincerely IL Bruce A. Anderson Attachment Cc. R. Byrne J. Icing, Southold Town Trustees • • To: The Board of Trustees RE: Dock Permit for Rochelle Byrne — SCTM# 122-4-43 360 North Riley Avenue, Mattituck NY First, I amvery concerned that I have not been included in any updates voiced concerns at the April 17 2013 meeting. Here are my ongoing concerns that have not been addressed: 1) Violation of 1/3 rule 2) The new placement still impacts my ability to navigate and creates a very dangerous navigation situation especially in windy conditions 3) The dock placement forces me out of the channel and into shallow water to navigate the creek 4) With all docks occupied there is no way a boater can safely navigate the creek 5) In the event of damage done due to navigation, who will be the responsible party? • The Town of Southold for creating the dangerous navigation situation by approving the permit? • Rochelle Byrne having an illegal boat placement into the creek? These should be concerns of all parties involved. 6) Please show me visually or have Rochelle Byrne provide a visual of the creek situation with 3 docks in place — Robert Whelan, Bob Krudop, Rochelle Byrne with their 8 foot beam boats docked as planned — you will then see that there is no way for me to navigate the creek without risk of damage or injury 7) The bottom line is that this creek needs to be dredged before ANY boats are permitted in the creek — This is the reason for the request for a non conforming dock. These were the exact words of the Engineer for Suffolk Environmental Engineering representing Rochelle Byrne 8) My right to enjoy my property and safe water access is severely compromised by the dock if permitted as planned 9) There has been a lot of prop/turbo dredging to make water for their boats — (not Byrne) 10) As of Monday 6/17/2013 Bob Whelan has 2 floating docks The only remedy if this dock is to be approved is to decrease extension of the dock into the creek by a minimum of 3 additional feet as of the plan 6/17/2013 and have the creek dredged. This way all boaters can navigate the creek safely. I am not trying to stop the process but I want to make sure the rules are followed and my rights as a tax payer and boater are upheld. I will be attending the Work Meeting Wednesday 6/19/2013 Regards, Bill Connell (631) 298-5844 550 Krause Rd, Mattituck, NY 11952 Cc: Scott Russell Bill Price - My Attorney sem A;t? t4 C'/7"Ip^'t % , . +'a r- j� r r - ^f ✓` �Ik. -4'.7 `i _ • '.�f `J'' .�'!' 1� ` r r7 ., , . . J • e — tp 'jI1F y •�•�- ,� ,,. t�,�!=-, -�_ � :,�. its � ,. i _ �'�r -�� • �=� �` `'`tea. • \1 t r + �,� (.'?�N�', 1'�I ftp/,�`, ,t •� �, .• f'� .air 1 yrd ,�-4 V, "' e`-� Trustee Matters DOCKS Southold Town Trustees regulate dock construction so that the structure does not adversely impact navigation and public safety on the water, access to the public lands and water, our town's natural resources and habitats, and/ or cause waterway congestion. The specific regulations are available here under the Wetland Code 275 and include a list of 12 criteria that must be considered before issuing a dock permit. The reasons the Trustees have specific dock standards is because docks can impact navigation and the local environment. For example, docks that protrude further than 1/3 of the way across a water body are not permitted because they can interfere with boat traffic and create a safety issue. Docks must also allow for public access to town waters in that they cannot block "public domain" access to a shoreline up to the mean high water mark. Construction of docks should be done in a manner that does not block too much sunlight from reaching the vegetation below it. Marsh grasses will die without sufficient sunlight and all the benefits these plants provide, food, habitat, and flood control, will be lost. A new grated decking material is now being required by the Trustees on most docks to increase the amount of sunlight that can penetrate through the structure to the vegetation below. Also, CCA wood pilings may be used to preserve the wood placed in the water, however, to reduce the amount of metals likely to seep out from the preserved woods; non -treated materials must be used for decking or sheathing. Creosote treated timber for docks is banned altogether in Southold Town. Furthermore, when planning for a dock, Chapter 275 codes will not allow more than one float and not larger than 6'x20'. The Trustees recommend the use of a dock engineer familiar with local codes to design your dock. {u6�� 4�e_ Yr- '13 a�.q_; y+r-�.5 _�+Y .,�1-1 t�r.-•-:' Ja v' a. - � .., ." 'f'!". r. :. - ,��� �.. ft fid. � �' yi+ ,.��(�e4� ././i�r �� r�"• t��d f t I ME ~ , —01.7, ALI, -71 LJ a. .3 dY':-•is '- ';, � .;ems ^-'' I t�• �..J �: �•q fit; IK . - > ,,•-•moi, - r , "s "�}7�r ���aYr '++.. �� .��� ����� �}��="�i'{1� — •r ���,"��: E�gEn�i �`�1� � 't :,f �����! "rs+ + �'t 'R v " . A. • James F. King, President Bob Ghosio, It,, Vice -President Dave Bergen John Bredemeyer Michael J. Domino 6 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: &Z1 ;?% i %Z %."0> P.O. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax(631)765-6641 Suffolk Environmental Consulting, Inc. on behalf of ROCHELLE BYRNE requests a Wetland Permit to construct a fixed elevated catwalk (4'x28'); and elevated platform (4'x12') along the shoreline. Located: 360 North Riley Avenue (ROW off Ole Jule Lane), Mattituck. SCTM# 122-4-43 Type of area to be impacted: too &Uz7rz 2 _Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Pad of Town Code proposed work falls under: /Chapt.275 Chapt.111 other Type of Application: i✓Wetland _Coastal Erosion _Amendment Administrative_Emergency Pre -Submission Violation Info needed: Modifications: CM 41- "o fn 0 U>L�- 04 S/':o P'6 fLy Ess Conditions: Pres�e t Were: King ✓B. Ghosio --D. Bergen, � �J. Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: 4/15/13 Map 126 126 122 1, �,A, / AurnlvcK aAnK oisr 44 \ uarnru YPMK ❑13T Map g is.co.suffdkny..us/rps/printPre\iew.aspx 134 / 290 145 0 290 Feet • 1"I 7 4/15113 W E s 4/15/2013 M- Q County of Suffolk Comriaht Notice: Maintenance, alteration, sale or distribution of any portion of the Suffolk County Tax Map is prohibited without written permission of the Real Property Tax Service Agency. Suffolk County Real Property does not in any manner guarantee the completeness or accuracy of the information contained on this page. g is ,co.suffd k ry.us/rps/pri ntPreNew.aspx • • 4/15113 SuHdkCountyRed Property I Property Search Property DetaNs Interactive Map Real Property Tax Service Agency External Version Loa out Property Suite, ry i District I Section I Block I Lot I Uper/Rage Recorded Date Price Doc Date 1000 12200 400 4008 /28/1998 Buffer Distance 100 Feet i COUNTY OF SUFFOLK 1___ __ _ _.._.__ _ _ .. __ ._-- _-.. _. - i,COUNTY OF SUFFOLK Grantors _.._-_. gis.co.suffolkriy.us/rps/niein.aspx Resolution C� 0 0 u 1163ON161 T4*ts Inbenture Made tide 19th day of wy In Me year of our 11 am tt*usand nlno hundred and ninety-thr•• MIMEN CINLML L, RAINS v fha CounowAurer of the County of Suffolk. State of New York, party of ft first part, and the COUNTY OF SUFFOLK party of the Second part. WITNESSETH, 11ta1 WHEREAS by an act of ft f.Spieleture of ft State of Nov York Chapter St Laws of 1000, I Mltlod "An Act In Rotation to Taxation, CoralNu V Chapter Sixty of the Consolklated Lawn' and the Several auto amertdbtg the Sarna, and thw spacial tax slatufa appiioaft lo Suffolk County, It was among oMer things wmW that w1wever any tax charged an real estate In a Count not Irtcklelng a portion d the Weak preserve Is returned to to County Treasurer, he Shall not return Ifo same to ft Comptroller, but H such tax with Interest thereon al the rale of fen per oantum per annum, oomp Aed from Ihs Met day of February alter Ow earns Is levied, shall remain unpold for Six mord from Vat daft such count Treasurer ehati advertlSs and Sell Such real setae pursuant to Said acts: AND WHEREAS, d0sull was made M the payment of faxes levied In the yeer IM/91 SO as a MUM duly oharpod on Sundry par• cele of land within ate county of Suffolk, with interest thereon, and the Sall faxes remaining unpaid for Six monfM from 1M first day Of F". ary dear to sane was iwled: AND WHEREAS, the Count Treasurer a the County of Motik fa Me time belnp, byb virwe of 1% power in hire vested, and cher due "otiose for Ow purpose pubNShad and given according to law, and der a complanos with all provisions o1 law of him regWrod, did sell at pWtlio auction, at the Court Mouse In Riverhead, In ft County of SWld k, In tie ,,00 of Nc,,b.r , In Me year one #*JUN lift hundreclandi mina y -ono ale fele of lend so as aftreaaid charged with logo Mmalning unpaid lostalely and dleoh p ft said taxes, and on MMereot and ohargos We thereon respectivet at lite time of 0te ode: AND WHEREAS, at said sale ft premises hereinafter dssa W were purchased by the Count of Bullock to whom the owftate of ft Count Treasurer of said tale was twoupon levied and delivered: 070 APR 1 7 2013 2970 P„yy, THS ;: • � .i „Ul 1� 0M64M 1 AND WMIREAB, tM fluff l d%GWd00ne ueed %0 dWt the pw" Of property Witt ft d18d OM • COWSPoe 10 tM 8uftk COunt Tex MepldenWroeelpnedt088oh pWW80daorlbOdon the 8uftw Gouty To Mop. The Bukk Count To Mop kWnUkr CWW t8 d ft BWh* County DiWIM rxlrnber. SooW number, Block nunlbot. end 1.01 nWnbet NeMd M wM+ tegiwna er+d wMch hq bNn ow pw 100" pavw 8o dowo of Ttw .am* To Mop � 111side i rWW in thio deed on PWWod by the obtxevlotion 'B.C.T.M." AND WHEREAG, the uIdpwV OHM eeoorq pOrlftNW become e INN loft IdowlrplydoplpNON w p6wey Ot lend &"lod Into tftwW* named 1owOd* In the wld COunly d *A% vlr. TM 1 B.C.T.M. 1000-031-01-001 500016. NAIA Id IV Assessed toAsrgull w for $7294.9 Sold led My 112.00 B.C.?.". 1000-055-06415.033 500039. O talc, or Assessed to HuRUsr jbsdan Sold for 1177.12 ted l4v 112.00 B.C.T.M. 1000-067-07-002 5000/8. Miami Aw Assessed to Ostarres CBoslia 6 ars Sold for $123.90 Red! Adv 112.00 S .C.T.M. 1000-078-07-009 500065. ftyoiM rd Assessed to lsbroW Julius Sold for 11058.95 B.C.T.M. 1000-122-01-038.007 Moral Md Adv 112.00 . WWA 1000-122-01-018.008 i 067.001 500206. Oetp Miesola Asssssd to lsbroskl Julius Sold for 1317.22 nod Adv 812.00 B .0 .T . M. 1000-132-01-009 500215. Peconic Say Msoud to Ucry Mal Sohl for 1386.50 led Adv 112.0n B.C.T.M. 1000^133.01.015.002 500217. Aconic My Assessed to Perry 1M1 M Sold for 1341.90 Red Adv 112.00 • *%* eep IE • TON or aait MMD S.C.T.M. 1000-1341-03-0=0.001 500219. t400nto May ABMlow tomos 0 34 to toad �P fled kfv $12.00 S.C.T.M. 1000-131-01-006.001 S00220. aeoonle say Ammeed to " lbod hop 9o1d fa $560.60 Red Adv $12.00 S.C.T.M. 1001-001-07-009 500236. South St Aaaaae4d to UrOU M1 l Bok] for $74.36 Red My 612.00 • and to the title and Internet therein of the parsons named heroin to whom Mid premises were aaesaed and appear heretofore to have belonged and of all other penins except Me claims, It any, which the County or State have thereon tortaxes or liens or incumbrances, which said pieces or parcels of land above described were sold by the said CountyTreasnrer at the tax sale, under and by virtue of said Act and the amendments therelo: AND WHEREAS, The said pieces or parcels of land so as afore- said soM and hereby Intended to be conveyed have not been redeemed wllhln the Urne prescribed by law for the ndemplion thereof, and due notice of the redemption having been duly published as required by law: 0IM&M • • • tD rl • • NOW THEREFORE, This Indenture Witnesses that tit said party of the Ant part as County Treasurer of Suffolk County, by virtue of the authority vested in him by law, for and in consideration of the amounts charged against such raid pamets for taxa, Including Interest and penahia, and charges for advertising notice to redeem as above set forth, the receipt whereof is hereby acknowledged, hath granted, bugainad, sold. conveyed and released and by these presents doth grant, bargain, all, convey and release to the said pony of the second part, and to la assigns torever, the said pieces and parceia of land above described, with the heredllsmena and appurtenances to the same belonging to be located and laid out and possession acquired, however. by and at the expense of the parry of the second par: TO HAVE AND TO HOLD the same to the party of the second par Ns asslw% forever, subject to the claims, N any, of the County of SuMok and the sate of New York for taxa or liens or encumbrances. IN WITNESS WHEREOF, the County Tress• urer of the County of Suffolk, party of the Ant Pori. In pursuance of the authority vested in him by law, hath hereunto set his hand and affixed the seal of his oft*, the day and year Aral aannddedei assled �+ � r In Presence of As COUNTY fthUREF1 of the County of suMolk. Sate of New York. TATE OF NEW YORK se: COUNTY OF SUFFOLK On this 19th day of ray , one thousand nine hundred and n r eipt y -t hr•. , before me personally oerrew, L. luras came CRNTRIt rMrvrd, �Ount�'tVW'wnr of Suffolk County, New York, lo me personally krM1M%r> to Wo be tit individual described in and who executed the WegoN Instrument, and who duly acknowledged to me that he exec N art a Treasurer of SuO* County, Publb In for the County of SuNolk, sale of New York. rJOWLIXIMift 'MARY ft%A santat*wWo • 3��I;i�v;: 0T/I1103 OrrMltaftobirtia 734033N • I� • • *,8aft "RILL `RVEvL'E ,e t Afik— n a� 4 Cantrell, Elizabeth From: Robert Whelan <whelanrh@gmail.com> Sent: Wednesday, April 10, 2013 10:07 AM To: Cantrell, Elizabeth Cc: David Bergen; Robert Whelan Subject: [New Sender -1 - Byrne Dock Application Jim, I am writing you to express my support for the Byrne dock permit application with one concern. The creek is very narrow at this point (45' at mlw) and will have docks on both sides of the creek with the approval of their permit. I would request that the trustees be sensitive to the fact that my property is up creek from the proposed facility and that I believe a minimum of a 12 foot channel should be maintained down the centerline. I request that this minimum channel be calculated with boats of up to an 8 foot beam attached to the docks on each side. If calculated by using the promoted one third rule that would dictate a 15' channel which I believe is excessive. Thank you for your consideration. Regards, Bob Whelan g+�FFOE,p Peter Young, Chairman - Lauren Standish, Secretary u.Zk Conservation Advisory Council Town of Southold Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 At the meeting of the Southold Town Conservation Advisory Council held Wed., April 10, 2013 the following recommendation was made: Moved by William McDermott, seconded by Audrey Horton, it was RESOVLED to NOT SUPPORT the application of ROCHELLE BYRNE to construct a 4'X 28' elevated catwalk and a 4'X 12' elevated platform along the shoreline of the property. Located: 360 North Riley Ave., Mattituck. SCTM#122-4-43 Inspected by: Audrey Horton, Peter Young, William McDermott The CAC does Not Support the application based on the following: • The bank needs to be stabilized; • There is a concern with navigability of the waterway; and • The structure may exceed 1/3 across the width of the creek. The CAC recommends a group dredging plan with the surrounding properties owners. Vote of Council: Ayes: All Motion Carried CE�VE DDP 1 5 2013 F >s t r �"-�'4'" ir�r�-++�... �;� .. '. , 'r.� � 'rte � ����,. • ,.�1,,,!� c .� ;,.:� 1,�..»� t n .lames F. King, President Bob Ghosio, .Jr., Vice -President Dave Bergen .John Bredemeyer Michael.). Domino r_7 �OSUF FO(,�C P.O. 13ox 1179 d q CQ Southold. NY 11971 I cicphonc (631 76�-1892 Pax (63 1) 76;-6641 Southold Town Board of Trustees Field InspectionMork Session Report Date/Time: ) S ' O Suffolk Environmental Consulting, Inc. on behalf of ROCHELLE BYRNE requests a Wetland Permit to construct a fixed elevated catwalk (4'x28'); and elevated platform (4'x12') along the shoreline. Located: 360 North Riley Avenue (ROW off Ole Jule Lane), Mattituck. SCTM# 122-4-43 Tempe of area to be impacted: %%Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ,"" Chapt.275 Chapt. 111 other Type of Application: Wetland _Coastal Erosion _Amendment —Administrative—Emergency Pre -Submission Violation Info needed: Modifications: Conditions: eX% ods f6A h nv Preset Were: J. g ( B. Ghosio D. Bergen, Bredemeyer Michael Domino D. Dzenkowski other Form filled out iNne field by i t de)W'-j Mailed/Faxed to: Date: 0 NEW YORK STATE DEPARTAT OF ENVIRONMENTAL CONSERVATO Facility DEC ID 1-4738-04138 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: ROCHELLE BYRNE 9 SHAFTSBURY LN MELVILLE, NY 11747 (631) 926-5152 Facility Application Contact: SUFFOLK ENVIRONMENTAL CONSULTING INC PO BOX 2003 BRIDGEHAMPTON, NY 11932-2003 (631) 537-5160 Am Facility: BYRNE PROPERTY 360 N RILEY AVEISCTM 1000-122-04-043 MATTITUCK, NY 11952 E C E I V E MAR 2 1 2013 Southold Town Board f Trustees Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E; 708.072 NYTM-N: 4539.998 Latitude: 40°59'04.7" Longitude: 72°31'35.9" Project Location: 360 N. Riley Ave, Mattituck, NY Authorized Activity: Construct a 4'x28' fixed, elevated catwalk and a 4'x12' platform. All work must be in accordance to the two page plan, page one prepared by John T. Metzger last revised 9/28/12 and page two prepared by Matt D. Ivansfdated 8/22/12, both pages stamped NYSDEC approved 1/9/13. (MAM) Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-04138/00001 New Permit Effective Date: 1/9/2013 Expiration Date: 1/8/2018 Page 1 of 6 NEW YORK STATE DEPARTAT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14738-04138 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent compliance with the ECL, all applicable regulations, and a nditions ' clude permit. , Permit Administrator: JO A WIELAND, Deput egional Permit Administrator Address: NY EC REGION 1 HE QUARTERS S @ STONY/BRO 150 CIRCLE RD NY/1790 Authorized Signature: tion List SUFFOLK ENVIRONMENTAL CONSULTING INC Habitat - TW MARY A MACKINNON Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS upon strict I as part of this D a61111 6' 1 NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities 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 John T. Metzger (page one) last revised 9/28/12 and Matt D. Ivans (page two) dated 8/22/12, both pages stamped NYSDEC approved 1/9/13. (MAM). 2. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 3. Use of Structure The authorized structure is provided for access to the waterway and is not intended for the mooring or launching of vessels. Prop dredging, resulting from motorized vessels intentionally, powering in shallow waters, is a regulated activity and is not authorized by this permit. Page 2 of 6 NEW YORK STATE DEPARTMOT OF ENVIRONMENTAL CONSERVATRI is Facility DEC ID 1-4738-04138 4. No Floats This permit does not authorize the installation of floats. 5. 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. 6. Dock, Catwalk Size Dock or catwalk shall not exceed 4 feet in width and shall be a minimum of 4 feet above grade (as measured from ground to bottom of dock/catwalk decking) over tidal wetland areas. 7. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 8. 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. 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. Notice of Commencement At least 48 hours prior to commencement of the project, the 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 completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 11. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 12. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department 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, excavation, 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. 13. 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. Page 3 of 6 AA NEW YORK STATE DEPARTM T OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04138 14. Precautions Against Contamination of Waters All 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. 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 Department of Environmental Conservation (the Department) 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. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department 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 BROOK150 CIRCLE RD STONY BROOK, NY11790 -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: Tidal Wetlands. Page 4 of 6 NEW YORK STATE DEPARTS OF ENVIRONMENTAL CONSERVATO Is Facility DEC ID 14738-04138 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially, false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; 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; e. 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 Indemnification 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 permittee'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 attributable 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 5 of 6 NEW YORK STATE DEPARTM90T OF ENVIRONMENTAL CONSERVATI Facility DEC ID 1-4738-04138 Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights 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 6 of 6 N SURVEY OF PROPERTY AT MA=UCK TOWN OF SOUTHOLD 9L►S GOAD SUFFOLK COUNTY, N.Y. 1000-122-04-36 & 43 3rzp� SCALE` 1'=40' a 22D.MINE 2T920�NDINGS) y 008 �, SEPTEMBER 2& 2012 (PROPOSED PLATFORM B CATWALK) h �r .q w liP.114 4 ,EL n = W r a .ar T w 0 8 Zee N k 2 1000_122_04_JS g F 3 'mNRd m +R � K NBO' '10* 0 39„fir gF,p nr R y 2 N ` R a .F `°""Q '201.67 a a,if uAny X9701 '$' WDE R/GyT Olr WA N/O� Y O/ANE SR/SOTn - - J94,30' & HYLE./S KENNY �N I� z� � I � ry h 1 I N ELEVATION OF LOW WATER 0.6' (N.G.V.D.) JUNE 27, 2012 iPM � ® -DEPTH OF WATER AT LOW TIDE --J 5� NY DEO ®� i APPROVED AS PER TERMS v ® ®p/ANFA �cY. AND CONDITIONS OF PERMIT NO BR/SO LC ?O 771 fa• oT DAT CER AHED TO: MICHAEL J. BYRNE r ® !t �g• marosm .• . 2W ROCHELLE G. BYRNE WELLS FARGO HOME MORTGAGE FIRST AMERICAN TRE INSURANCE COMPANY OF NEW YORK ®® ® 7zo,* 1.2.2 r.:�.cnp1- ® 41y fIFVATm PLATi0g1 �. ." } r [wq N:1Y IC. N0. 49618 ANY ALIERA77ON OR ADDIRON 70 THIS SURVEY IS A WO.A77ON ECONIC S VEYORS P.C. 1000-122-04-36 AREA-32,432 SGL. Fr. °FCErT A1O.S"PER' nON 7209-SUi0WS/QV NEW YORK STATEY. ALL QER7MUCAWN QAn0NS (631) 765-5020 FAX (631) 765-1797 �1 M T HERSON ARE VAUD FOR 7MS MAP AND COPIES THEREOF ONLY F P.O. BOX 909 1000-122-04-43 AREA-1,491 SGT. F 1 . !n MAP OR COPIES BEAR THE 40PR£SSEO SEAL qr THE SURVEYOR ■=MANUMEN7 1230 TRAVELER STREET n0 4 nn • ELEVATION VIEW SCALE: 1.0" = 5.0'± WRMA ALW Existing UnderwatE Grade BYRNE PProposed Dock Assembly � Situate: 360 North Riley Avenue (R.O.W. off of Ole Jule Lane); Mattituck; Town of Southold, New York -- SCTM #: 1000 — 122 — 04 - 043 I 32.0' I I I j I I I 4.0' I 28.0' j �i� I j j Proposed Elevated Catwalk (4. o' x 28. o') vNvxu I 111wci r uuis.3 (6. o" x 6.o") Date: _ August 22, 2012 Scale: As per view Drawn by: mdi Comments: Adapted from the Survey of subject property, as prepared by PECONIC SURVEYORS P.C.• Prepared for regulatory submission SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 • Bridgehampton • NY • 11932 (631) 537 - 5160 (phone) - (631) 537 - 5291 (facsimile) 100 IYSDEC :D AS PER TERMS :ONDITIONS OF / 72 -J zrllj 2 W% OF 21 4z] B rR NE Property Situate: 360 North Riley Avenue (ROW off Ole Jule Lane); Mattituck, New York SCTM #: 1000 — 122 — 04 — 043 Property Construction Cutchogu Route Stater 2S trtrte SAvehore A--, Bay S-ff" i3t1itUCk cue Luce Landing Northville L 11JI& Property 0 0 • • BYRNE P Situate: 360 North Riley Avenue (ROW off Ole Jule Lane); Mattituck, New York SCTM #: 1000 — 122 — 04 — 043 (Photo taken September 11, 2012) Photograph indicating the current conditions within the canal to the north of subject property. Photograph taken from the eastern shoreline of the canal, to the north of subject property, facing north. �.\",.� -,.� \ i=ce 1w��j�Vr^ y ,''yc 'i�'A • w .♦ \4 BYRNE Propert ♦ e. ,N ' R s -.47 f f \ i ear r K•.{ �, ♦ d `� _ E c - i '~ I% - ♦- t C I �,p ...:--1'` y 'ter• ` E ` _ \ .. _ , AL , '! 1 P ,w4t._ vf 411 _'mss -. � + ... _ �.. _ � • a ,33 � f a `q IY BYRNE Propert y✓ -; • ��, (HOW off Ole Jule Lane); Mattituck, New Y()rli (Photo taken Sel)lember 11, 2012) x% { �M, � � � • .:sig 3' !�y - e�� V-; s ,� •, '` x r •' - ✓ f I t/x ' 1, .+►�,4�r, �r '�,AR.-s"��` r A� ._`'� ti � ..�( �/ . .. .i tf +. ,.mss _4z� � --... / / •�•� ,fir;. � • � ., _ (I i !r' ,` t t � � � .� �, - . m �0. , • • , •�,,, 400 �1, Nie,z t \ €j s 1 41, .• ✓ - :7 , ILI +yam. c l BYRNE P Situate: 360 North Riley Avenue (ROW off Ole Jule Lane); Mattituck, New York SCTM #: 1000 — 122 — 04 — 043 (Photo taken September 11, 2012) Photograph indicating the staked out locations of the proposed dock along AHW. Photograph taken from the eastern shoreline of the canal, northeast of the property, facing southwest. K. SEE SEC. NO. ttK 3 q Mn PnctovNENr 52 OlPpNm t5 y t3 WE T SOENO E2 t 10 x r s t) ® W, I SEER SEC 50. PEC NO B S—K CCU— / - e I / I / vwTERwuTNORiTv 09 I gGN' 11 l" m.0 I p I FOR PLL NO. 06 EEE EEG.NO.f �, O - 1]1-0bEp)t �� M1 Stlw � a2+ OHO MNN K, ..� i A 'k "g SEE SEC. NO. 1. NOTE'.wNwPpJ1E .ONERUPcONOPON MRS N1TWN BLOCK -EN cELs ss..uE.e �...---• —Q s.,,, —_�_--_ ....eP..�. �,�.— �. ,K�.,a.,o.�R m COUNTY N�ORNF.SUFFOLK (21, P , Sal Property Tax S NrincwetAgency 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: April 30, 2013 Re: Proposed Wetland Permit for ROCHELLE BYRNE SCTM#1000-122-4-43 The dock is entirely located on private property. APR 302013 r.1 :Sou!fuid t vn Suffolk Environmental Consulting, Inc. on behalf of ROCHELLE BYRNE requests a Wetland Permit to construct a fixed elevated catwalk (4'x28'); and elevated platform (4'x12') along the shoreline. Located: 360 North Riley Avenue (ROW off Ole Jule Lane), Mattituck. SCTM# 122-4-43 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 CONSISTENT with the LWRP and listed policy standards provided that the Board consider the following. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. 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 OFFICE LOCATION: ��0� SyO l0 MAILING ADDRESS: P.O. Box Town Hall Annex ,`O 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) y Telephone: 631 765-1938 Southold, NY 11971 G • �Q Comm 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: April 30, 2013 Re: Proposed Wetland Permit for ROCHELLE BYRNE SCTM#1000-122-4-43 The dock is entirely located on private property. APR 302013 r.1 :Sou!fuid t vn Suffolk Environmental Consulting, Inc. on behalf of ROCHELLE BYRNE requests a Wetland Permit to construct a fixed elevated catwalk (4'x28'); and elevated platform (4'x12') along the shoreline. Located: 360 North Riley Avenue (ROW off Ole Jule Lane), Mattituck. SCTM# 122-4-43 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 CONSISTENT with the LWRP and listed policy standards provided that the Board consider the following. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. 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: [5] Whether the dock will cause degradation of surface water quality and natural resources, It is recommended that the Board clarify the expected draft of a vessel moored at the proposed dock. The water depths shown are 1.1' and 1.6'. Insufficient water depths could result in bottom scarring, turbidity and loss in marine species. It is further recommended that the Board clarify the access to the parcel. The parcel is surrounded on three sides by protected lands owned by Suffolk County. 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/Trans er/Ey,tension _Received Application: 13 _Received Fee:$ _Completed Application: 11/3 Incomplete: SEQRA Classification: Type I Type II Unlisted_ Coordination(date sent) LWRP Consistency Assessment Form:__54// 3 Date of Inspection: q11011-3 _Receipt of CAC Report: Lead Agency Determination Technical Review: _ t Public Hearing Held: Resolution: Name of Applicant ROCHELLEBYRIVE Administrative Permit Address_ 9 Shaftsbury Lane; Melville, NY 11747 Phone Number: (631) 926 - 5152 Suffolk County Tax Map Number: 1000 —122 — 04 — 043 Property Location: 360 North Riley Avenue (ROW off Ole Jule Lane) Mattituck: Town of Southold, New York (provide LILCO Pole #, distance to cross streets, and location) AGENT: MATT D. IVANS na Suffolk Environmental Consulting Inc. (If applicable) Address: P.O. Box 2003; Bridgehampton, NY 11932 Phone: (631) 537 —5160 MAR 2 1 2013 Board of Trustees Application GENERAL DATA Land Area (in square feet): 1, 491 square feet t Area Zoning: R - 40 Previous use of property: Vacant Intended use of property: Shoreline Access (i.e., Fixed Dock) Covenants and Restrictions: Yes X No If "Yes", please provide a copy. 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 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 proposes to construct a Proposed Elevated Catwalk (4.0'x 28 0' and Proposed Elevated Platform (4'x 12') along the shoreline ofsub iectproperty in order to provide practical and efficient access to the contiguous surface waters thereon. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Applicant proposes to construct a Proposed Elevated Catwalk (4.0'x 28.0') and Proposed Elevated Platform (4'x 129 along the shoreline of subject property in order to provide practical and efficient access to the contiguous surface waters thereon. Area of wetlands on lot: 750 ± square feet Percent coverage of lot: 50 ± % Closest distance between nearest existing structures and upland edge of wetlands: N/A feet ( Vacant Land) Closest distance between nearest proposed structures and upland edge of wetlands: 0.0± feet (proposed catwalk & platform) 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) 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): No impact to the wetlands are anticipated in that the proposal is to install a small catwalk and platform, smaller in size and scope to the surrounding shoreline structures (i.e., docks) which have not resulted in any form of detrimental impact to the surrounding shoreline. Board of Trustees Application N/A 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? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 9 L 14-16-4 (9/95) -Text 12 617.20 SEQR PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. BYRNE Property 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 360 North Riley Avenue; Mattituck; Town of Southold, New York (SCTM #: 1000-122-04-043) 5. IS PROPOSED ACTION: ® New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant wishes to construct a Proposed Dock Assembly off the eastern shoreline thereon. The Proposed Dock Assembly is to consist of a Fixed Elevated Catwalk (4.0' W x 28.o' L) and a seaward Platform (4.0' W x 12.0') inclusive of an access ladder, all supported by fourteen (14) pilings (6.o" x 6.o"). All materials to be non -treated. Please refer to the attached plans for specifications. 7. AMOUNT OF LAND EFFECTED: Initial) <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 ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other 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 [-]No If yes, list agency(s) and permittapprovals New York State Department of Environmental Conservation Approval. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ® Yes ❑ No If yes, list agency(s) and permit/approvals NYSDEC Permit No. 1-4738-04138/00001, issued January 9, 2013. 12. ASA 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 Ivans - Suffolk Environmental Consulting, Inc. Date: January 16, 2013 Signature: If the action is in the Coastal Area, and you are Alstate agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT fTn ha rmmnlatari by Ananrvl A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. ❑ Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes ❑ No C. 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, archeological, historical or other natural or cultural resources; 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 resources? Explain briefly: 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 C1-05? 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? ❑Yes [I 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 (i.e. urban or rural); (b) probability of occurring; (c ) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 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: Print or Type Name of Responsible Officer Signature of Responsible Officer in Lead Agency officer) Name of Lead Agency Date Title of Responsible Officer Signature of Preparer (if different From responsible • t■■MA r- r A QQCCQ1 A=k1T /'r ha-nla+arl hu I and Onancul. • 1A I A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes [f No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. E] Yes a No C. 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 or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: 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 C1-05? Explain briefly: C7. her impacts(including than es in use of either quantity or type of energy? Explain briefl ; D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? ilf es, ex Iain briefl : Yes M-1 No E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes expIain: MYes M17 No 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 (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting 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 of significance mustevaluate 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 F EAF andlor prepare a positive declaration. Check this box N you have determined, based on the information and analysis above and any supporting documentation, that the proposed ai WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting determination. Board of Trusteesp .^pg Name of lead Agency ` , Date N `> ►� W, /i 5 F. KI President p Print or Type Name of Responsible Offi r in Lead Agency Title of Responsible Officer /)Signature of Responsible Officer irl Wad Agency Signature of Preparer (If different from responsible officer) 0 James F. King, President Bob Ghosio, Jr. , Vice -President Dave Bergen John Bredemeyer Michael J. Domino ft I" 4W BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ROCHELLE BYRNE COUNTY OF SUFFOLK) STATE OF NEW YORK) • Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, l �a,► c ��jSf1C/� , residing at /dba, 4�%y��t%,t�111�I�J�l��s-b�✓t being duly sworn, depose and say: Tli�t on the`say of AH?7 L , 2013, I personally posted the property known as /./) , / ✓ _ In,.� by placing the Board of Tdstees 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 prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, April 17, 2013. Dated: I' (signature) Sworn to before me this day or2013_1 Notjrj Public Matthew D. Ivans Notary Public of New York No, OW/6053859 Qualified in Suffolk County Commission Expires January 22, 201 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. � OWNER(S) OF RECORD:`Rochella Byrne SUBJECT OF PUBLIC HEARING: To construct a fixed elevated catwalk (4'x28'); and elevated platform (4'x12') along the shoreline. TIME & DATE OF PUBLIC HEARING: � V)eA,es*a6y, Aprl 17,2013 - a+arabotx+ S•'3vPYYI IF you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours ol� 8 a.m and,4 p.m. BOARD OF TRUSTEES *TOWN OF SOUTHOLD * (631) 765-1892 0 • Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bruce Anderson, M.S., President April 10, 2013 Mr. Jim King, Chairman Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Dear Mr. King, Fax: (631) 537-5291 Re: BYRNE Property Situate: 360 N. Riley Avenue; Mattituck Southold; New York SCTM#: 1000 —122-4-43 APR 1 1 2013 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 April 5, 2013, with certified receipts attached to all 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 contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, 04-s'-- -,;e, 4tu� Diane K. Wassick enc. cc: Ms. Byrne Name: STATE OF NEW YORK } } COUNTY OF SUFFOLK } PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: SEE ATTACHED Diane K. Wassick c/o Suffolk Environmental Consulting, Inc., residing at 2322 Main St.; Newman Village Suite E• P.O. Box 2003• Brid eham ton NY 11932 being duly sworn deposes and says that on the CA day ofi�Il_ . 2013, 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 Bridgehampton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of M/1 C , 2013 N t ry Public Matthew D. (vans Notary Public of flew York No. 01IV6053859 Qualified in Suffolk County Commission Expires January 22, 201` Muttontown, NY 11791 122.-9-1 R M Giglio 160 Gardner Ave Hicksville, NY 11801 122.-4-42 Robert H Krudop 4650 Ole Jule Ln Mattituck, NY 11952 122.-4-44.8 County of Suffolk 310 Center Drive Riverhead, NY 11901 Byrne Adjacent Properties SCTM#1000-122-4-43 r` ra m� j 0 _n r-9 Postage N Certified Fee m O Return Remlpt Fee p (F_ndoreer:n Required) m Restricted Delvery Fee m (Endorsement Required) N �- Total Postage & Fees O n r-9 - rl- or PO Box No. Cfq; SYees, ZIF►4 N s. Ll ri C3 R M H r=l Postage r9 Postage u'd Certified Fee O Certified Fee O Retum Receipt Fee O Retum Receipt Fee O (Endorsement Requred) C3 Restricted Delivery Fee C3 (Endorsement Required) r- Toted Postage & Fees = Total Postage & Fees O Sent ru / ra r- �tee4 —+ or PO Box No. O Sw ru rq � r- or PO Box No. IM A' X2013 n r9 C3 R r=l Postage Ln Certified Fee O O Retum Receipt Fee O (Endorsement Required) O Restricted Deilvery Fee O (Endorsement Required) r% - S Toted Postage & Fees O Sw ru rq � r- or PO Box No. IM A' X2013 n Board of Trustees Application County of Suffolk State of New York ROCHELLE BYRNE 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. Signature SWORN TO BEFORE ME THIS IVB DAY OF Vit , 20_15 Public Matthew D. (vans Notary P&h C�0i. York Nn. Qnaf 11ed in S it Jar uary county2> 201 Commission Exp Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, ROCHELLE BYRNE residing at 9 Shaftsbury Lane (print owner of property) (mailing address) Melville, New York do hereby authorize Suffolk Environmental (Agent) Consulting, Inc. to apply for permit(s) from the Southold Board of Town Trustees on our behalf. 60&ui_�, (Owner's signature) 9 FORM - 06110 Com mission'6pires January 22, 20 /r NO Town of Southold Erosion, Sedimentation Run-off FORM & Storm -Water ASSESSMENT 1b PROMM t.00AnM: s.C.T.IM.R: THE FONAYYING AMOM MAY REQUIRE THE SU13M1 MOI OF A 1000 - 122 - 04 - 043 AND OaION ENTM PLAN "MTc ' ec on 'BbT— '.TSE— CERInFIND BY A DIMIGN PROFEWSONAL IN TIM IFTATIE -T SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM # / WORK ASSESSMENT Yes No a. What is the Total Area of the Project Parcels? 1 Will this Project Retain Al Storm -water Run•Oif (Mdude Totai Area of ON Patin located within 0.034 acres Generated by a Two (2' Inch Rahnfd on Site? the Soope of Work for Proposed Constructim) (a.>:. tAUM) (This Item will I1Ckrde an r rroff created by site x b. What is the Total Area of land Clearing clearing and/or construction artivilles as well as an "or Ground Disturbance for the proposed < 0.1 acre. Site Improvements and the permanent creation of Construction activity? is P. f Aaas) impervious surfaces.) .1 Does the Site Plan and/or Surrey Show An Proposed PROVIDE BRIEF PROIEGT DESCRIP'nON Drainage Structures Indicating Size b Location? This X Q item shaft Include all Proposed Grade Changes and Ap licantproposes to construct a Proposed Slopes Controlling Surface water Flow. 3 Does the Site Plan arWor Shy describe the erosion and sediment control privOkes that will be used to x Q metro( tine erosion and storm water discharges. This kem must be maintained throughout the Entire Construction Period. Elevated Catwalk (4.0'x 28.0 2 and Proposed Elevated Platform (4'x 12°) along the shoreline ofsubiect property in order to provide practical and efficient access to the 4 Will this Project Require any Land Fining Gracing or contiguous surface waters thereon. Excavation where there is a change to the Natural E)ds*v Grade Involving more than 200 Cubic Yards Q X of Material within any Parcel? rj Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand X (5,000 S.F.) Square Feet of Ground Surface? F-1 6 is two a Natural Water Course Running through the Site? Is this Prof 90 within the Trustees jurisdiction Q or within One Hundred (100') feet of a Wetiw4 or Generai DEC BWPPP Reautn:aema : Submhslon of a SWPPP Is required for as Constrocdon solivtoes Invdvig sol Beach? disbAences of one (1) or more saes, kciodkV dkd+nbenoas of rasa Ow one we that 7 Vvin #we be,Site preparation on Existing Grade Slopes are part of a larger canna► pan OW wa uitimatsiy disturb one or more saes of land: which Exceed Fifteen (15) feet of Vertical Rise to X El i xkK*V construction acWJ*s iwolvirg sol dladxbaneas of less than one (1) sats whore One Hundred (1007 of Horizontal Distance? the DEC has determined that a SPCIES porn+& Is required for storm wwlar dbcharpes. ( SWPPP'a SM11 anest the OAinkmmn Roquiremeors of the SPM tiernrst Permit 8 WR Driveways, Parking Areas or other Impervious for Sbmh Water msdharpes from Coptrucuon aetivoy - Pemtirtto. OP440401.) Surfaces be Sloped to Direct Storm -Water Run -Off X F-1 1. The SWPPP shall be prepared peor b the subrniftai of the NQI. The NOf shad be Into and/or to the direction of a Town right# -way? suh la, d to the ospsrbnerd Prior b the of construction Uddy. 2. The SWPPP shall describe Mre erosion and sediment contral pradkss end %bars required. doer water mer"arnent practices that will be used arhdlor 9 Will this Project Require the Placemen of Material. Removal of Vegetation and/or the Coristruction of any X F-1 constructed a red, the polutents in storm velar and b assure Item Within the Town t�M-of-Way or Road Shoulder — n o iblancre %Mh Mw termrrs and oondfiom of fins pwmiL in sddkion. MIs SWPPP deal quango W potimntiom► which may Arawraliy los ax; ocbd b affect the Area? mde now we nor amass an wwus.uon or orftw y Awww) (dorm ler ds gusty of slam wnMa dNdahngab. NOTE: N Any Answer to Questions Ona awough tare la Answered wpb a Check Mark 3. M SWPPP* tthat requtre rhe post -=u0 ucfton storm water nar"wrient l ' 11 P s component shat bo p g, J by a qw W Oesipn Pwks*rai licensed in Naw York Ina sou and"oonebuclon sate disbabanos labehveen 6,000 . f4 i Ase b afar. a Ston-Wstsr, Gradina. Drainage t Erosion Control Plan Is Required by fie Town of that la kno aledge" In due pdr does and practices of Sloan WaterWr>apeerant Soud1ed and Must be Subrhh� for Review Prior to issuance of Any i lath ng Paw A VOTE Achim* Mwk (,F) author Aneaar for soh Owedan b Rs**W for • OomptW Apocaadon) MIT. OF NEW YOI K, SUFFOLK -B12UCCE A AN'1jM ff-9—SUft!5UK.......... SS I, . ENVIRONMENTALCONSULTING. INC........ being duly YsvOm deposes and says hat he/she is the applicant for Penni4 AGENT Andthat he/she is the.................................................................................................................................................................... lowner. Ccudra w. Apau t oftioer, etc ) Owner and/or representative of the Owner or Owners, and is duly authorized to perform or have performed the said orotic and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application fled hLi $w� to before me this; //�� !A...vl�...............20lllfatthew'D. ....................................... Notary Public:..... ............................................. ..1Votar Publico................ .......... (riiprnetur* of A00laarnt) FORM - 06110 Com mission'6pires January 22, 20 /r NO X 9 0 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of 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# 122 - 04 - 043 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees 1. 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: ADDlicant Dromses to construct a Proposed Elevated Catwalk (4.0'x 28.0') and Proposed Elevated Platform (4'x 129 along the shoreline ofsubiectpropertY in order to provide practical and efficient access to the contiguous surface waters thereon. Attach additional sheets if necessary 0 9 1 Location of action: 360 North Riley Avenue (R.O.W. off Ole Jule Lane); Mattituck, NY Site acreage: 0.034 acre t Present land use: Vacant Present zoning classification: R - 40 2. 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: ROCHELLE BYRNE (b) Mailing address: 9 Shaftsbury Lane; Melville, NY 11747 (c) Telephone number: Area Code ( 631) 926 - 5152 (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 III — Policies; Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable Subiect proposal is consistent with the policy in that the siting and utilization of the proposed water access will maintain the character of the surrounding neighborhood, which currently consists of residential lots with similar accessory structures (i.e. dock assemblies along the creek). Additionally, subject proposal will be in harmony with the "...beneficial use of a coastal location..." in that the legally described waterfront (i.e. coastal) lot will be enhanced by the inclusion of the proposed water access. Accordingly, we believe that this project 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 archaeological resources within the surroundinq area. 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 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not greater, size and scope. Scenic resources, assumedly views of the creek, are not at risk due to the proposed access being typical of the character of this section of waterfront. According, this proposal will comlly 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 in that the proposed shoreline access is designed to be lesser in design and scope as that of the surrounding dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. According, 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 quali , /supply within the surrounding 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 proposal will maintain the quality of the surrounding ecosystem in that the proposal is typical of this creek and overall area, 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 water access which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with 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 Subject 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 lot. Regardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding 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 III — 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; boating) is being sited onto a waterfront parcel, however, with regards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involving only a private docking assembly. 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 management (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 Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland the establishment and/or maintenance of new coastal agricultural 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 Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM 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) 537-5291 Bruce Anderson, M.S., President Hand Delivered March 20, 2013 Mr. Jim King, Chairman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: BYRNE Property PROPOSED DOCK STRUCTURE Situate: S60 Riley Avenue; Mattituck; Town of Southold, New York SCTM #: 1000 — 122 — 04 - 048 Dear Mr. King, This Firm represents Ms. Rochelle Byrne, owner of the above referenced property, who is requesting approval to a small docking assembly thereon. In that the property is burdened by wetlands, approval from your Board is required. Consequently, please find attached: (1) Town of Southold Trustees Wetlands Permit Application (original and two [2] copies); (2) Short Environmental Assessment Form (original and two [2] copies); (3) Local Waterfront Revitalization Program application (original and two [2] copies); (4) Town of Southold Erosion, Sedimentation & Storm -Water Run-off Assessment Form (three [3] copies); (5) Location Map for reference (three [3] copies); (6) Photographs of the current condition of the property (three [3] sets); (7) Project Plans of subject property, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., dated August 22, 2012, indicating all existing and proposed conditions thereon (three [3] prints); Hammarth/ 0 2 (8) Survey of subject property, prepared by PECONIC SURPErORS, P.C., last dated September 28, 2012, indicating all existing and proposed conditions thereon (three [3] prints); (9) Copy of the New York State Department of Environmental Conservation Tidal Wetlands Permit (No. 1-4738-04138/00001), issued January 9, 2013 to Ms. Byrne regarding this project (three [3] sets); and (10) Check made payable to the "Town of Southold" in the amount of $ 250.00 to cover the requisite application fee. By way of this correspondence, and on behalf of Ms. Byrne, I respectfully request for the commencement of review of the attached application, and the subsequent scheduling of this matter before the next available Town of Southold Board of Trustees meeting for permit issuance. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivansg attachment CC: R. Byrne BYRNE Property Situate: 360 North Riley Avenue, Mattituck, NY SCTM#: 1000 - 122 - 04 - 26 & 43 Date: 6/19/2013 Drawn By: IFL comments: Adapted from the sunvev Prepared by Peconic Survevots. last revised on lune 27. 2012 BOARD OF TRUSTEES SOUTHCAD Li 11 Page 1 of 4 Top of escarpment as surveyed by Peconic Surveyors. Mean High Water as per the Survey prepared by Peconic Surveyors Mean Low Water as per the Survey prepared by Peconic Surveyors BYRNE Property Situate: 360 North Riley Avenue, Mattituck, NY SCTM#: 1000 - 122 - 04 - 26 & 43 Piles to be 6" 0 12' 14' Followers to be 4"x 6" with staggered joints. M Date: 6/19/2013 Drawn By: TFL Comments: Adapted from the si ev prepared by Peconic Su ,evors, last revised on Tune 27.2012 Page 2 of 4 Page 3 of 4 per the Survey prepared by Peconic Surveyors Mean Loix-'Watcr as per the Survey prepared by Peconic Surveyors A�i Page 3 of 4 BYRNE Property Situate: 360 North Riley Avenue, Mattituck, NY SCTM#: 1000 - 122 - 04 - 26 & 43 Page 4 oI' 4 .FORA US. 58077'20"E r N wq y WGRA vr4 N 478 56.0' f74AMC HOUSE- 6�2• It w w O O Z 1000-122-04-36 3 Lill N80'39'10" P�n- w �- �5 N — 0H. WIRES DIA lf- NEBR BRI S0777 CER TIFIED TO: MICHAEL J. BYRNE ROCHELLE G. BYRNE WELLS FARGO HOME MORTGAGE FIRST AMERICAN 77TLE INSURANCE COMPANY OF NEW YORK 1000-122-04-36 AREA=32,432 SO. Fr. 1000-122-04-43 AREA=1,491 SO. F'. .ROAD N Z9 220 pp, �6 46 7' Qe fa 22.3• 15 o ^� �_ SURVEY OF PROPERTY AT MATTITUCK TO WN OF SO UTHOLD SUFFOLK COUNTY, N. K 1000-122-04-36 & 43 SCALE: 1'=40' JULY 29, 2008 JUNE 27, 2012 (SOUNDINGS) SEPTEMBER 28, 2012 (PROPOSED PLATFORM & CATWALK) 25' W10E RIGHT ' , wA Y ' 394,50, PETER & pH �S KENNY MAR 2 1 2013 N ELEVATION OF LOW WATER 0.6' (N.G.V.D.) JUNE 27, 2012 IPM �\ ® =DEPTH OF WATER AT LOW TIDE 1�t 427 0227 ® SOT, ®�4 b5' p 9 SO,p�OE v Uzi ®® © 3� Q PROPOSED V x 12' ELEVATED PLATFORM ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SEC77ON 7209—SUBDIV;S/ON 2. ALL CER77FICA77ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ' oBOO CATWALK 4' x 28' m'h0 74 /Op C-) MST' t�1 LAN -� . LIC. NO. 49618 ECONIC S VEYORS, P.C. (6J1) 765-5020 FAX (631) 765-1797 P.O. BOX 909 IN =MONUMENT 12JO TRAVELER STREET Dv p-1 ry • =PIPE SOUTHOLD, N. Y. 11971