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Home My WebLink About1000-136.-2-124s OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 OF SOU��,� �O � �e yCOUNT`I,� MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 22, 2014 Re: Proposed Wetland Permit for MORANDINA LIVING TRUST SCTM# 1000-136-2-12 William Garbarino, Esq. on behalf of MORANDINA LIVING TRUST requests an Amendment to Wetland Permit #1859 for the as -built 2.5'x89.5' fixed dock with a 3.5'x6.5' wooden locker and a 1.5'x4.1' wooden bench at landward end; a 2.5'x12' ramp; an 8'x20' floating dock; and two piles located in the wetlands; and to Transfer Wetland Permit #1859 from Almaron F. Bennett to Morandina Living Trust, as issued on August 31, 1984. Located: 3715 Stillwater Avenue, Cutchogue. SCTM# 136-2-12 It is my recommendation that the proposed actions are INCONSISTENT with LWRP Policy 6: protect and restore the quality and function of the Town of Southold ecosystem and Policy 9: provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold and therefore are, INCONSISTENT with the LWRP. A "grandfather' Wetland Permit for _ C1 dock structure was issued on August 31, 1984 (1859) authorizing access to public waters. The applicant.is seeking authorization of an expansion (seaward projection) of a 'as built" locker, bench and dock structure that extends further (315) into public waters. The applicant fails to prove that the action meets the following requirements as outlined in § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion. (21 Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water -dependent activities, (51_ Whether the dock will cause degradation of surface water quality and natural resources; [117 Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts, and Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In addition, Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. 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 From:16315634435 04/24/2014 17:37 #486 P.011/015 Town of Southold �? I JUL 1 4 2014 � LWRP CONSISTENCY ASSESSMENT FORM _ A. INSTRUCTIONS Piii'g Bt ``rd � 1. 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 tiA 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 - si iii beneficial and adverse effects upon the coastal area (which includes all of Southold Town/. 3: If any question in Section C on this foam is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supportiing and non- supportin¢facts. 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 Southbld'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# 136.00 _02.00 _ 012.000 JUN 1 3' ' 2014 Morandina Dock PROJECT NAME r The Application bas been submitted to (check appropriate response): Town Board ❑ Planning Board: ❑ Building Dept. ❑ Board of Trustees El 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 transactio ❑ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: transfer and amendment of trustees permit #1859 to Yncluding'floating dock,: storage box, ramp, catwalk and excess platform ,So—e. Nunemaker, Amanda From: William Garbarino <williamrgarbarino@hotmail.com> Sent: Thursday, June 19, 2014 9:13 AM To: Nunemaker, Amanda Subject: Application of Renzo Morandina 3715 Stillwater Ave. Cutchogue, NY Dear Trustees: This is to request an Amendment of the Referenced Application. On June 17, 2014 we had delivered surveys to your offices entitled "Survey of Lot 20, Map of Property of M.S. Hand, filed 9/18/30, file No. 730" which survey is dated June 11, 2014 by Peconic Surveyors, P.C. Based on the survey and the pictures of the structures to be delivered, I request the Morandina Application be amended to reflect Mr. Morandina's request for permits for the following structures and in the following dimensions as shown on the survey: 1. Wooden Locker -6.5'x 3.5' 2. Bench -4.1'x 1.5' 3. Wood Dock -89.5'x 2.5' 4. Ramp -12'x 2.5' 5. Wood Floating Dock -20'x 8' 6. Two Piles located in the wetlands. I appreciate your attention to this matter. Sincerely, William R. Garbarino Attorney for Mr. and Mrs. Morandina WILLIAM R. GARBARINO, ESQ. The Law Offices of William R. Garbarino 40 Main Street Sayville, NY 11782 (631) 563-4411 (o) (631) 563-4435 (f) CONFIDENTIALITY NOTICE; ATTORNEY WORK PRODUCT; DO NOT FORWARD WITHOUT PERMISSION F.rom:16315634435 04/24/2014 17:37 #486 P.012/015 Location of action: 3715 Stillwater Avenue, Cutchogue, NY Site acreage: Present land use: residential residential Present zoning classification: 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: William R. Garbarino, '-Esq. (b) Mailing address: 40 Main Street Sayville, New York 11782 (c) Telephone number: Area Code (6*— 563-4411 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY - Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No E Not Applicable F,rom:16315634435 04/24/2014 17:38 #486 P.013/015 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria ❑ Yes .❑ No El Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources froin flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No D Not Applicable 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 M Not Applicable Attach additional sheds 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. ❑ ❑ ❑ From:16315634435 Yes No Not Applicable 04/24/2014 17:38 #486 P.014/015 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See L%W Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No L.g Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LVW Section III =- Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye -F-1 No H Not Applicable Attach additional sheets if necessary Erom:16315634435 WORKING COAST POLICIES 04/24/2014 17:39 #486 P.015/015 Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Xx Not Applicable 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 xx Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No M Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -- Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No zz Not Applicable PREPARED BY William R. -Garbarino, Esa. TITLE_ DATE 4134/t 4 ALL MOORINGS AND STAKES AUST DISPLAY VISIBLE MOORING NUMBEI ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS Board Of Southold Town Trustees SOUTHOLD, NEW YORK Mooring # N/A PERMIT NO.1559.__...-...... DATE:. igq:,_31,1984 ISSUED TO ............ An F Bennett ,Z 11If�II�"t�tt#tIIlt Pursuant to the provisions of Chapter; 61:5 of the Lawsof, the State of New. York, 1893; and Chapter_ 464 of fihe Laws of f6 State of -New York 1952;.. and 'fhe..Soufhold 'Town Ordinai+ce On titled '"REGULATING AND THE PLACING OF, OBSTRUCTIONS IN,AND ON TOWN WATERS AND'.PUBLIC.,,LANDS and. the, REMOVAL. OF SAND, GRAVEL OR OTHER MATERIALS.,FROM LANDS UNDER TOWN WATERS;' and in accordance';with fhe . Resolution of The Board adopted at a meeting.held on Augµalt'„3.0., 1984....., and in consideration of; the ,sum of ,� 5 -.0,0, Almaron F. Bennett of __Gi wghogue.,,,,,_..: N. Y. and subject to the Terms and. Conditions listed on the . reverse side hereof, of Southold Town Trustees authorizes and permits the fallowing Application approved -under the Grandfather Clause to.. secure a, permit. for .a catwalk,.. ramp and float in East Creek as per application submitted. all: in accordance with the detailed specifications as presented in. the originating application. IN:.WITNESS WHEREOF,;The said Board of. Trustees. :hare - by causes its Corporate Seal e •p to be affixed nd thesresents to, ” be subscribed by a majority of :the s ' oard asof this a.1 Al Xf Fol _ _. , ..... ..__ ._._ ... _ . . 1 .� o• - Please tear off and return to the Trustees Phone No. Board Of Southold Tov.1n T ruste3s SOUTHOLD, NEW YORK MOORING NO. a PERMIT NO. DATE: ISSUED TO It N • . Ci J p i. ill JUS 1 4 M4 �j S�ii tI , P �i,a� _ I; terrify that the work as authori—zed in this per:ait has been cc:apleted and is now read_ for your inspec— tion. Also, the number required on this proiect is clearly visible. I further understand this per -nit is not valid until this tear sheet is returned to the Trustees: .7 TERMS and ,CONDITIONS The Permittee Almaron. F. Bennett residing at Cutchogue N.'Y as gait Of the consideration for the issuance of the Permit does understand and prescribe to the foi- ' , ,,lowing: 1.' -That the Southold Trustees Permit must be prominently. .splayed on the premise's effeo.ted thereby during the period of That the said Board of Trustees' and the Town of Southold are released 'from any end work damages, or claims for damages, of suits arising .directly or indirectly as, a result of aaq oiler ttnde F iption performed pursuant tothis permit, and the said permittee will, at his or, her own ezpease, (teremi defend any and cell sack sur"Its'initlated by third patties, and the said. Pectnittee assumes full habiluy p {, ai J'y{iith tesped thereto,, to thecomplete. eaccitfsron of the; Board of 'Y'rustees of the 'Town of Sou;hdld i 3 Thai this Permit is valid fors pertof 3 mos; which is considered to be the stlf lent time required Eo complete the wotic'involv.'4 but should dreltnsscances warrant, requests' r an extension maybe, made to the Board ac a later date 4 I 4 That this Permit should be retained indefinitely, or as Iosg as the said Permittee wishes maintain the structure of Project invdved, ;to provide evidencelto anyone concerned that anth-� 7 onzation was originally obtained ' 5: That the work involved will be subject to the inspection and approval of the Board or . i{ agents, sad non wmplrastice wrih clic ptovisioas ,of the originating application, may be carne for ocanon of chis ' Permit by resoludoa of the sAid $card. 6. That there will be no unre4sonable'interference with navigation as a: result of the work Herein authorized.. ` + 7 . That there shall be no interference with the right of the public to pass and repass. along �E beach between high and low water marks. i 8 . That if future operations of the Town of Southold require the removal and/or alterations r, ! a the location of the work berdn *tbortzed; or if, in the opinion of the Board of Trustees, the cork shall cause unreasonable obsmiction to fret navigation, the said Permittee will be required, ttpoa due notice, to remove or alter this work or protect herein stated without expenses to the Town bf Southold 9. That the said Board will be notified by the Permittee of the completion of the work swit- :07e (See tear off sheet:) 10 . That the Permittee will obtain all other permits and consents, that may. be required sup- �Olemental to this pernut which su may 6e bject. to revoke upon failure to' obtain sameWAWA BOARD OF TOWN TRUSTEES TOWN OF SOUrROLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516)765-1692 CREEK STRUCTURES INVENTORY �rnQw ,3 G- 2--12- Current -t2Current Owner's Name: , , ` ; Index No. Address: =3 A fly✓ AIe-a 12r, y • r Creek; Purchase Date: Telephone No.:. Date of Field Work:- Previous ork: Previous Owners: Permit Applicant: Permit No.: Permit Specifications: Specifications Found: 2XA � ,mac`, 3r X 41315� yXb, SURVEY OF LOT 20 MAP OF M.S. PROPERTY HAND mm SmPT. 1$ 100 PIIS Xa 7w AT CUTCHOGVE TOWN OF SO UTHOLD SUFFOLK COUNTY N.Y. 1000-136-02=12 SCALE: 1'=40' JUNE 11, 2014 ■ = MONUMENT A = STAKE • = PIPE 4 = WETLANDS FLAG AREA=15,726 SO. FT. TO 77E LINE JUN 1 7 2014 ANY AL7FRA710N OR ADD177ON TO THIS SURVEY IS A WOLAT70N OF SEC77ON 7209OF THE NEW YORK STATE EDUCA71ON LAW. EXCEPT AS PER SEC77ON 7209 -SUBDIVISION 2. ALL CERT7FICA77ONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. WOOD FLOATING DOCK 20' x 8' ....-�..nc�G A"C LANDWARD EDGE OF TIDAL WETLANDS AS DETERMINED BY SUFFOLK ENVIRONMENTAL CONSULTING INC., ON MAY 27. 2014 CER TIFIED TO: CHRISTINE CHOCKO GA VIN REVOCABLE TRUST FIDELITY NATIONAL TIRE INSURANCE COMPANY ' W LIG NO. 49618 EYOR.! P.C. (6 -5020 FAX (631) 765-1797 1230 TRAVELER STREET SOUTHOLD, N.Y 11971 86'_813 P.O. BOX 909 w K ZIA Ibx - T ° # ate✓ __ a"s » sa . . +n . i i 4i e s. v , 14 13 fi 4 e w e } i x x i^ a =lid,.ra t v -7 t � SA,Wp i. '� SNS lI k P�d7 X j kn� 0 7 W4 -A cl t' i a y a },gyp` , � �� .a '. }� gd s`� {�. i e r { � € •` , S , t im,