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HomeMy WebLinkAboutTR-8572 John M. Bredemeyer III,President �� ,�' Town Hall Annex o° ® ' l® 54375 Main Road Michael J.Domino,Vice-President � flig• P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee ` a �I11 Telephone(631) 765-1892 Charles J.Sanders,Trustee '� Fax Fax(631) 765-6641 Ists BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1167C Date: September 10, 2015 THIS CERTIFIES that the construction of a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x 6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile(10"diameter) dolphins; At 220 Bay Lane, Orient Suffolk County Tax Map#24-2-21 Conforms to the application for a Trustees Permit heretofore filed in this office Dated January 14, 2015 pursuant to which Trustees Wetland Permit#8572 Dated March 18, 2015 and Coastal Erosion Permit#8572C Dated July 14, 2015,were issued 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 a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x 6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile(10"diameter) dolphins. The certificate is issued to THEODORE &NATHALIE STRAUEL owners of the aforesaid property. dee' 6,4140,/,‘"?. Authorized Signature John M. Bredemeyer III,President 1f ,�'O�„$11�F�C�`,G Town Hall,53095 Main Rd. O � Michael J Domino,Vice-President P.O Box 1179 ' �`� o Southold,NY 11971 James F. King : r x Dave Bergen p 4 1 Telephone(631)765-1892 p �0�''�� Charles J. Sanders 1 4[ �,, Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: X Ch. 275 .X Ch. 111 INSPECTION SCHEDULE Pre-construction, silt fence 1st day of construction Y2 constructed Project complete, compliance inspection. INSPECTED BY: \,./ COMMENTS: (7,07/kr/y,1 fr4 fie.*441 . /41 CERTIFICATE OF COMPLIA '',,,,,,,, John M. Bredemeyer 111, President �, gQ RA. Town Hall Annex Michael J. Domino,Vice-President ;�� 4'�� Gy 54375 Route 25,P.O.Box 1179 James F.King y x Southold,NY 11971 Charles J. Sanders ":4" � �,�� Telephone(631)765-1892 '-_491 -o,o,� Fax(631)765-6641 Dave Bergen - ' ;,,, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD E N—CO/GU-I—A-NTS Oi 664/11-F oP -rttevoec2, G�/A-7WU SYR-#1/�L TO: Please be advised that your application dated 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 Silt Fence Inspection Fee ($50.00) 1st Day of Construction ($50.00) %2 Constructed ($50.00) ��// X Final Inspection Fee ($50.00) 61'15-16- 4'-NP, Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $5o1 BY: John M. Bredemeyer III, President Board of Trustees SIF � '�c John M. Bredemeyer III, President ®� 0 Town Hall Annex Michael J. Domino,Vice-President �t "" a> ' • 54375 Main Road a�n P.O. Box 1179 James F.King,Trustee ; • r,trJE `.4 @ ,,� Southold,New York 11971-0959 Dave Bergen,Trustee ® ° ''' ...AC' ® 0 l� rri W.%�I Telephone (631) 765-1892 Charles J. Sanders,Trustee ` �°®U �IL�' Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT#8572C Applicant/Agent: En-Consultants Permittee: Theodore & Natalie Strauel SCTM#: 24-2-21 Project Location: 220 Bay Lane, Orient Town Board Granted Appeal Approval: July 14, 2015 Date of Expiration: July 14, 2017 Reviewed by: Town Board and Board of Trustees DESCRIPTION OF ACTIVITY: To construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2) pile (10" diameter) dolphins; and as depicted on the site plan prepared by En-Consultants, last dated January 7, 2015, and stamped approved on March 18, 2015. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: (apply if marked) In accordance with Chapter 111-15 Erosion Protection Structures: N/A A maintenance agreement is attached hereto and is a necessary special condition of this permit. / BY: ; n M. Bredemeyer III, President Board of Trustees TOWN BOARD _.,v. - COASTAL EROSION HAZARD BOARD OF REVIEW , JUL 2 2 MI5 TOWN OF SOUTHOLD In the matter of the Application of ern" THEODORE and NATHALIE STRAUEL 220 Bay Lane DECISION Orient,NY SCTM#1000-24-2-21 APPEAL/REQUEST FOR A VARIANCE Applicants', Theodore and Nathalie Strauel, appeal from a decision by the Board of Trustees on March 18, 2015 denying their application for a Coastal Erosion Hazard Area ("CEHA")permit to construct, within a nearshore area, a fixed dock consisting of a 4' x 97' fixed timber catwalk; two sets of 4' x 6' steps at landward end; a 3' x 14' ramp; and a 6' x 20' float secured by two pile (10" diameter) dolphins. Applicants may properly appeal a decision of the Board of Trustees pursuant to Sections 111-20 and 111-21 of the Town Code. The Southold Town Board is the Board of Review under CEHA pursuant to Section 111-24 and may "hear, approve, approve with modification, or deny request for variances." DECISION BY BOARD OF TRUSTEES The Board of Trustees denied the application pursuant to Section 111-11(C) of the CEHA section of the Town Code which prohibits all development within the nearshore area, unless specifically provided for in the chapter. It should be noted that the Board of Trustees found the application consistent under the Local Waterfront Revitalization Program(LWRP) and did vote to grant a Wetlands Permit pursuant to Chapter 275 of the Town Code. CRITERIA FOR VARIANCE a. No reasonable,prudent alternative site is available. The dock proposed to be placed at the shoreline of Applicants' residence to gain access to the water. Therefore, no reasonable alternative site is possible. The dock is proposed to be situated in the center of Applicant's property and angled to the north as recommended by the Board of Trustees. This is maximizing the distance between the dock and the neighboring property to the south. b. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. The proposed dock will be located along a heavily developed shoreline, with at least eight docks and one pier within a 900 foot radius. Very little vegetated wetlands exist in the area, and the dock, as proposed,will have little impact on the natural systems in the area. The ramp and float will be removed seasonally. c. The development will be reasonably safe from flood and erosion damage. The dock is proposed in a well-protected area and other development in that area has historically been successfully maintained without emergency or storm related repair. d. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. The dock was designed with the input of the Board of Trustees in terms of specific location, and complies with operation standards outlined in the Town Code. e. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. No public funds will be utilized for this project. CONCLUSION • The Town Board resolves to grant theappeal of Applicants, Theodore and Nathalie Strauel, for a variance pursuant to Section 111-20 of the Town Code, and directs the Board of Trustees to issue a Coastal Erosion Hazard Area permit without further review. Dated: July 14, 2015 2 `re) `°`F�r RESOLUTION 2015-657 ADOPTED DOC ID: 11030 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-657 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: WHEREAS,the Board of Trustees denied the application of Theodore and Nathalie Strauel (the "Applicant") for a permit to construct a fixed timber dock on the premises known as 220 Bay Lane, Orient,New York, under the Coastal Erosion Hazard Areas Law(the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on April 15, 2015, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on June 16, 2015,the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant as well as a witness with expertise in marine construction; and WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated July 14,2015, granting the Application of Theodore and Nathalie Strand for a variance pursuant to 4111-20 of the Coastal Erosion Hazard Area Code; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Elizabeth A. Neville � �_ $ Southold Town Clerk JUL 2 2 2015 j • • ' Resolution 2015-657 Board Meeting of July 14, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman. AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 7/14/2015 1:58 PM by Lynne Krauza Page 2 6 // .t 7 ir EN-CONSULTAI; ;�- I n €::' Ii V1— — 1. ' L it ,d �!.a t + i ' J April 15,2015 I L; APR 2 0 2015 i. Scott A.Russell,Town Supervisor Town of Southold g — -- - P.O.Box 1179 I Southold lam . ._ Southold,NY 11971 _Pr.Ora cf rill:,±.,fir_._.-,. _ __ - Re: Coastal Erosion Management Permit Appeal for Theodore&Nathalie Stranel,220 Bay Lane,Orient Dear Mr.Russell: I am writing to the Town Board pursuant to Sections 111-20 and 111-21 of the Town Code, which allow the standards and restrictions of Chapter 111, "Coastal Erosion Hazard Areas," to be varied or modified by the Town Board in their designated capacity as the Coastal Erosion Hazard Board of Review pursuant to Section 111-25. Specifically, we are requesting that the Town Board grant the relief necessary to allow a fixed timber dock to be constructed at the captioned property, where the proposed dock would be located in the "nearshore area" of the Coastal Erosion Hazard Area and was thus denied a Coastal Erosion Management Permit by the Board of Trustees pursuant to Section 111-11(C), as described below. Before applications for the Town Wetlands and Coastal Erosion Management Permits necessary to construct the proposed dock were submitted to the Board of Trustees in January 2015, the applicants and I met with the Trustees during a pre-application conference at the property on November 12, 2014, at which time a slightly different dock configuration from what is currently proposed had been lathed out for the Trustees inspection and consideration. The purpose of the meeting was to determine whether the Trustees might have any substantive objections to the proposed dock before the applicants fully invested in the application process. During that meeting, the Trustees voiced no such objections but recommended that the dock be realigned to achieve a greater setback from the property to the south, which does not currently have a dock, while maintaining the minimum required separation from the property to the north, which contains a dock that is angled in a northerly direction. The dock design was thus modified in accordance with the Trustees' recommendation and again lathed out for their inspection prior to the public hearing that was held on both applications on March 18, 2015. During the public hearing, one neighbor spoke in support of the proposal, and neither the Trustees nor any neighboring property owner voiced any objections. At the conclusion of the hearing,the Trustees resolved that the proposed action was consistent with the Local Waterfront Revitalization Program and voted unanimously to grant the requested Wetlands Permit for the dock as it was proposed. However, the Trustees also determined that they had no choice but to deny the application for a Coastal Erosion Management Permit due to the language of Section 111-11(C), which states that "all development is prohibited in nearshore areas unless specifically provided for by this chapter"(copies of code section and Trustees decision attached). The Trustees' interpretation that they were bound by code to render this determination reveals an inconsistency between the Town of Southold Coastal Erosion Hazard Area Law and the New York State Coastal Erosion Hazard Areas Act and the corresponding"Coastal Erosion Management Regulations," 6 NYCRR Part 505,with respect to the permissibility of constructing a dock within the nearshore area. Specifically, while Section 505.8(a)(2) of the State regulations similarly stipulates that "all development is prohibited in nearshore areas unless specifically allowed by subdivision 505.8(a) of this Part," Section 505.8(a)(5), which follows, explicitly allows for the construction of docks in a nearshore area pursuant to a Coastal Erosion Management Permit. To wit, "A coastal erosion management permit is required for new construction, modification, or restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment"(copy of code section attached). 1319 North Sea Road I Southampton,New York 11968 I p 631.283.6360 I f 631.283.6136 www enconsultants.com environmental consulting Regardless of whether the omission of this paragraph from the Town's Coastal Erosion Hazard Area Law was intentional or the result of an oversight at the time Chapter 111 was drafted, it has the effect of removing from the Board of Trustees the power to ever render a substantive decision on a Chapter 111 application to construct a dock in the Coastal Erosion Hazard Area and instead passes that decision making power to the Town Board. Because if a dock is seasonal or has a top surface area of 200 square feet or less, it is considered an unregulated activity that requires no Chapter 111 review, and if it is permanent with a top surface area greater than 200 square feet, the Trustees must summarily deny the Chapter 111 application, assuming their interpretation of the code is correct. And because the Trustees are entrusted with the power and responsibility of determining whether, where, and how docks and other shoreline structures may be constructed throughout all Town waters, one must question whether it would have been the Town's intention to legislatively prohibit the Trustees from rendering their own decision on an application to construct a dock in a Coastal Erosion Hazard Area. It is also worth noting that by fording that a Coastal Erosion Management Permit cannot be issued for a dock in the Coastal Erosion Hazard Area due to the fact that all development is prohibited in nearshore areas, the Trustees have determined that dock construction constitutes "development," a term which is undefined by Section 111-6. The omission of this definition is also problematic since customarily the Town would not deem an otherwise unimproved parcel "developed" due to the presence of an in-water structure such as a dock or bulkhead. Therefore, it is questionable whether dock construction would even constitute "development" as the term was intended in the code. Nevertheless, the Trustees denied the Strauels' application for a Coastal Erosion Management Permit in accordance with their interpretation of the code as currently written and so we are petitioning the Town Board for relief pursuant to Section 111-20,which allows for the standards and restrictions of Chapter 111 to be varied or modified when it can be demonstrated that strict application of such standards and restrictions may cause practical difficulty or unnecessary hardship,provided the variance criteria set forth in Section 111-20 are met. In this case, the applicants are seeking relief from the practical difficulty and unnecessary hardship created by the denial of their ability to construct a dock for their private, noncommercial use pursuant to a Town Coastal Erosion Management Permit, an ability that has otherwise been granted to them by the Town of Southold in the form of a Town Wetlands Permit. Coastal Erosion relief should be granted by the Town Board since the variance criteria set forth in Section 111-20 are in fact met by the proposed project: A. No reasonable,prudent, alternative site is available. The dock can of course only be placed in the water along the applicant's shoreline,and anywhere it is placed along the applicant's shoreline will be located in the nearshore area of the Coastal Erosion Hazard Area. Therefore, there is no alternative location for the dock that would not require variance relief pursuant to the Trustees' interpretation of the code. However,within the boundaries of the applicant's property,the dock has been proposed roughly in the center of the property with a slight angle to the north for the purpose of maximizing the dock's separation distance from the property to the south while maintaining the minimum required separation distance from the property to the north,as was recommended by the Trustees. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. The proposed dock would be located along a historically developed shoreline characterized by 8 other existing docks located within a 900 linear foot radius of the subject property, including the longer dock located on the northerly adjacent property and 4 others located within 400 feet to the north of the subject property(see attached photos). The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the south, which extends approximately 500 feet into Orient Harbor. Due to the presence of these neighboring dockage facilities and the absence of vegetated wetlands or submerged aquatic 2 vegetation within the vicinity of the proposed dock,the introduction of the proposed dock, whose catwalk will be constructed of untreated decking and whose ramp and float will be removed seasonally,would not cause a ,fragmentation of ecological communities;"result in the physical loss, degradation,or functionalloss of ecological components; or otherwise adversely impact the functions or values of the surrounding natural systems, including the wetlands or tidal waters of the Town. C. The development will be reasonably safe from flood and erosion damage. Although located in the Coastal Erosion Hazard Area,the dock is proposed in a well enough protected area that eight existing dockage facilities located within a 900 linear foot radius of the subject property along this developed shoreline have been successfully maintained for many decades,including the adjacent dock to the north that was permitted by the Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the dock has nonetheless been designed structurally designed in accordance with its location in the Coastal Erosion Hazard Area,and the ramp and float would be installed and removed seasonally. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. As discussed with the Trustees,the dock has been designed with the minimum length necessary to reach safe,navigable water depth at this location. E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. Public funds will not be utilized in connection with this privately sponsored project. In addition to meeting these variance criteria,the project also meets the criteria for issuance of a Coastal Erosion Management Permit as set forth by Section 111-9 because a)the proposed dock is reasonable and necessary considering reasonable alternatives and the extent to which it requires a shoreline location, as the dock is the only means by which to provide safe,private,dockage for this residential waterfront property and would be consistent in nature and location with the surrounding permitted dockage facilities;b)the proposed dock is not likely to cause a measurable increase in erosion at the proposed site and at other locations or adjacent sites; and c)the proposed dock will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. Therefore, for all the reasons described above,we respectfully request that the Town Board grant the applicants the variance relief necessary to construct their dock as it has been proposed and otherwise approved by the Board of Trustees and New York State Department of Environmental Conservation,whose approval is also enclosed herewith. Should you have any questions or require any additional information from me in support of our request,please let me know, and we thank you in advance for considering our request. Resp--ctfully yours, 5 ' y Robert E.Herrmann Coastal Management Specialist Attachments cc: Eric Bredemeyer,Chairman,Board of Trustees Lori Hulse,Assistant Town Attorney Theodore and Nathalie Strauel 3 . - . 1 i ....,,A,:,,,.‘„,e,.,-54,4,,,-,3,-,,s&x.,„;;„ ,ii%0,-4,,,c-.1t--..,_'-,4414,`I)44,T. ,-*'"-'• '''''''''','r'''''''''''"`4Z'''4r1('I';'4'' '';';'),i4";4-'4041' .''S.'ENDERICOMREETE.TH/S2SECT/9/.11;A,,.AP-,„:044 49MRLETEITHISSECTIONIONPELIVERr4f.r41.A6 IR,,,I.P 4,'Wk•LAV•ziit747.3,4M".'Wlew144.1"•,:', V.X4-1•:,.>-.;',.... ,,WeiLt:It. i.:;,i*e'ir ::,-,..1dwi.inf,;(.4. ,.',Z144.•Vil-i*43riVIliltri,e04544174,1;iNt i tif Complete items 1,2,and 3.Also complete A. S'A..' item 4 if Restricted Delivery is desired. s, / ' • 0 Agent i E Print your name and address on the reverse A / _, ,• 1 ...01d .4/4' 4..1..• A. 4 • Addressee , so that we can return the card to you: B. Received by(Printed Name) C. Date of Delivery li ! E Attach this card to the back of the mailpiece, I or on the front if'space permits. , . ' I , . , D. Is delivery address different from item 1? 0 Yes ' f 1. Article Addressed to: . ., If YES,enter deliveri address below 0 No ,, - i = . • • Michael P&Allison Ventura , . ,, 168 Ellison Avenue , i , Bronxville ,NY 10708 1 3.,Sqvice'Type , Certified Mail® 0 Priority Mail Express 0 Registered, 0 Return Receipt for Merchandise , 'alnsured Mail „El:Collect on Delivery 1 , , , , > •,., 4., Restricted Delivery?(Extra Fee) O_Yes 2. f' ' • ,5 , r"--t -' •5 • ,1!F . 1 „ ' . f erransfei inim senrice labl# i 7.,:cpii,p,12 12 0 1 0 0 0 3 ,t1001i p 2127 I ' 1 , • 1 . , 1 PS Form 3811 July 2013 ,i. . ;„,-; •Domestic Return Receipt ••.. :, n . L , ,-k), ' '---iti,..il ,A0,3`` . .A'.-.,•: I t :„. / .,. ,. ,` 1,,. - . , . 5ENDERF:tOMP4E7t THIS SECTIPI4'4r-,..1•...:,'-', 474. COMPLETE ON Dgell:I:ERir,',J'!e ,,,,;•..i,/..•••:;.-''..,:t...t..'r''Y',`'-; '''.-' '','.... .,,:.,- ,- ,:'':-:: -.:'.: ,ri,-'4't ',AV,,e''''.. .4*.'.'.1''-",:.."`'...V..,11;"•=74:'Y't i'4,1-34%..;..4'1,1, ! ,1in :Complete items.1,,2,and 3..Also complete ',_. tA• Si u ,r ,n .' ,., • I I item 4 if•Restricted Delivery is desired. .- . ' - 0 Agent .1 [ IS Print your nerne.and address,on the reverse . ^ .. .. .. '' ClAddressee so that we can return the card to you ' .. ' • • - a Received by(Printed Name) , , C. Date of Delivery 1 !I Attach this card to the back of the mailpiede, . or on the front if space-permits. -, ' ' D. I delivery address different from item 1?•0 Yes 1. Article Addressed to: ' ; ' ', , ' ' ..... 1 - , --...,If-YES,enter delivery address below: 0 No . .-______. _'-____ _ __: .. ._.:‘', r- •nti. -N : Donald Claeys Bahrenberg it ,--- i - ,..-,..„ -,-;;.-i I - " , • 1 ' 1 300 West Bay Avenue :..--.- -, t.,--' ' , ,-1 v ,, Orient,NY 11957 -,,--i :3, S-eXice-Typ-e" ' - . . 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' , I ! * Sender: Please print your name-, address, and ZIP+4®in this box® , EN-CONSULIANTS 1 i 1319 NORTH SEA ROAD 1. . ..,,, SOUTHAMPTON, NY 11968 631-283-6360 : ....,.....„.._ , *.. 1 ,I'''",,„ ,''),,,,,,.,„„,--0'''.6.,...... :4'4,,,,,,,„th,sow, ...,,-,i,.4,_., ,-vel.,,-11.,:v-At^-.,,,r",•• 1 C'''''.""'...''''.4,• '',,,er' ''''''' '''''''''.10,,-- ' '-00' t .i'.....iM:2,i. ::::,/ilk•t.,!,,K,, a 84'.Mt. .4:<-'',,,,- '- , i i.,40f,'",,k,.;_,-''''.`"`""gV's.43,......ir".,,,,,,,,..4N74`=":1:•%..., -41 -64A 4 ' i (---. ,,,,,,,,tos!nts.,. .7.4."*.....”•'''.5::,..er ‘......„.... ' ._ - ,.... . w.- -, -....,.....T. • - 1 ,. k'C'sli:4-..0..:-..ZPV4V;... , . ;,Cr'' -'''',41„ ,A,14... ' ..' . • .' ,".. "- " '-',".,-r•—n vitifTiviii-hailliililliiifii.3 .„ t \ '''''' '*,...''''',S•y, rsmi . .! ., 1 tzio• . '' - ... 1*• UNITED STATES lo -ttAL SERVICE . ' 11 1 , First-Clasq Mail , : Ill 11 1 Postage&Fees Paid i USPS ' i Permit No.G-10 i ,,.. . . , , * Sender: Please print-your name, addresS, and'ZIP+ein this box" . .- EN-CONSULTANTS . . . 1319 NORTH SEA ROAD . , . SOUTHAMPTON NY 1196o- 9 631-283-6360 ' . ( ? ' , , . .. ''i7: : 1 , . t , t . " „..., I r. .6. 'F,..e 4.... .. r� 114x.s� ik1. ,sr >�r tees 7 E m + 3SENOER COMPLtETE ,HIS SECTIONYI,N t'OMP E `,-s NatiRY j ,;• El Complete items 1,2,and 3.Also complete A. Signature 1 item 4 if Restricted Delivery is desired. X D.Agent I a Print your name and address on the reverse 0 Addressee so that we can return the card to you. ,B. Received by(Printed Name) ` C.Date of Delivery I M Attach this card to the back Of the mailpiece, . or on the front if space permits. i } D. Is delivery address different from item 1? ❑Yes I j 1. Article Addressed to: If YES,enter deliveryi� ress below: 0 No I UA j G J Hossenlopp Revocable Trust ` ?. ;-L L Hossenlopp Revocable Trust ,, ' i i • ' .1 //7//7. , ) 1101 Spinnakers Reach Drive 1 Ponte Vedra Beach FL 32082 3. S ice Type ( ' f 'IJ Certified Mail® 0 Priority Mail Express'' 1 : ❑-Registered 0 Return Receipt for Merchandise i - --. • ❑ Insured Mail0 Collect on Delivery I iI ❑Yes j 4. Restricted Delivery?(Extra Fee) : ) 2. Article Number, l � 1, (Transfer from service labe� 7.01,.4 , 21:20: 0003 : 8001 22 .3 `'PS F,,4,-3811 x July 2013 ' t t ` i' :rt i3O'rnstic Return Receipt —_ , v 1 SirO SENDS COMPLE7E rTHISECTION � 4 f ' iCO}PLE•E 1S SECTON. NDELIIERY0 �r�-4 -r , ,...ri ", i w.sk?t «:t t,{ ,-4+�,-1_,' ,10, z.1, e. .•a.Comptete1items 1.,2,and 3:Also complete - A. Signature , - ' - ❑Agent ._,item 4-if Restricted Delivery is desired: " " ,,X ,' - < . ` 0 Agdnessee 1 ■ Print your name and address on the reverse , so that we can return the card to you. . ' B. Received by(Printed Name) ' C. Date of Delivery" " Ia.:Attach this card to the back of.the maiipiece_, , _ ,- . . or on the.front if space permits: , ` D.Is delivery address different from"item 1? 0,Yes 1:Article Addressed to if YES,enter delivery address below: ' 0 No ' I Dorothy K Poggi � ':' - • - • - - 1 .A IS-Massachusetts Boulevard • 77 Bellerose=Village,NY 11001 II '3:Ser�iceType r' -. - 1 I-- ',-PJ Certified Mail® 0 Priority Mail Express"' -----_ J - ❑'Registered ., 0 Return Receipt for Merchandise � ,, , , �� ❑.Insured Mail; 0 Collect on.Delivery t " 4..Restricted.Delivery?(Extra Fee) 0 Yes- - I i 2.-Article Number ? 7014 212 M0 2113 8 0 01 2 2110 i t j (Transfer from service.labe0 i PS Fo'm1`3811.,July 201.3 i'"L t Dorriestic'Return Receipt'" ; SENDER COMPLETE THIS`SECTION I + t, COMPl.ETE,�T,HIs SEc iioN,oN DE I NERY, 1• g. ?pp dt u1:4 a°. .r +4-x1 cio;.r •. :a rte!.;, , T ®`Complete items 1,2,and 3.-Also com lete • .A. Signature `' I `item 4 if Restricted Delivery is desired: • . . ,X _ ,❑Agent } e and address on.the reverse ,, :,I'( ' ( ❑Addressee , � Print,your nam �: ' so that we can return the card to you. g;Received by(Printed Name) - C. Date of Delivery k I--®.-Attaeh this card to the back of the mailpiece, ;- I . or on the front if space permits., . ' tr D. Is delivery address different from item 1? 0 Yes { 1. Article Addressed to: • 'If YES,enter delivery,address below: 0 No I, i. Walter&Alison M Millis -1 -,, - , ;i 1'800 Village Lane , - P:O.Box 183 3. Se ceType•, `-, ,/"' Orient,NY 11957 j Lrd Certified Mail®---❑-Priority:Mail Express- , 0 Registered' 0 Return Receipt for Merchandise t 0 Insured Mail 0 Collect on Delivery i . 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number , 4 2120 0003 8001 2241 (Transfer from service label) PS Form 3811,,July.2013 ; : Domestic Return Receipt . UNITED STATEoSTAL,bERVICE--" First-Class Mail Postage&Fees Paid USPS Permit No.G-10 ° Sender: Please print your name, address, and ZIP+4®in this box° ENJ-COI\JSULTANITS 1319 NORTH SEA ROAD , SOUTHAMPTON, NY 11968 631-283-6360 . akrolui,i . __. -1‘ UNITED ii - .'4-7.•,-:" W'4.::, 111, II, I irst-Clas, yailtostaoe8ees Paid - ,i USPS i Permit No.G-10 it ) . • : - •?:-.1,11 =:, ,A._ l' ° Sender: Please print your name, address, and ZIP1-4°in this box° ' ). . , 1 , tklCONSULTANTSi . 131.9 NORTH SEA ROAD . , . i SOUTHAMPTON NY 11968 . • 1, 631-283-4360 . I i . Si :.::;!Li 1 7.:71 i 9- ' 1111111 I ill I 1111111111111111111111111110111111111111111/111111 „ . ! , ---------• ---- - . 7-I UNITED STATES.POSTAL SERVICE First-Class Mail Postage&Fees Paid 1 'USPS ' 1 - ,Permit No.GAO . I ? e Sender: Please print your name, address, and ZIP+4®in this-box° - i . , EN-CONSULTANTS ( 1319 NORTH SEA ROAD SOUTHAMPION„ NY 11968 ) 631-283-6360 , Norklun, Stacey From: Neville, Elizabeth --- Sent: April 22, 2015 4.01 PM , t � E "..' To: Norklun, Stacey Subject: FW: Coastal Erosion Hazard Appeal Application I ;i; a AP 2 3 2015 Please place this in the file in LF as Page 1. f • Thank you. G Sntitheld ;`�;,i��' o fru hL ij From: Neville, Elizabeth Sent: Wednesday, April 22, 2015 4:00 PM To: Doherty,Jill; Duffy, Bill; Ghosio, Bob; James Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Beltz, Phillip; Rudder, Lynda; Russell, Scott; Tomaszewski, Michelle; William Ruland Cc: Nunemaker,Amanda; Bredemeyer,John; Cantrell, Elizabeth; Dave Bergen; Domino, Michael; King,Jim; Sanders, Charles J. Subject: Coastal Erosion Hazard Appeal Application Please be advised that an "Application for Appeal to the Coastal Erosion Hazard Board of Review"in accordance with Chapter 111-11(c) has been received from En-Consultants on behalf of applicants Theodore&Nathalie Strauel,220 Bay Lane,Orient, NY 11957 SCTM41000-24-2-21. The entire application has been scanned into Laserfiche and may be viewed there under Town Clerk;Coastal Erosion Appeals. The application check has not yet been receipted. Please review and send me your recommendation as to whether or not the application is complete and may or may not be receipted. (Town Attorney's Office). Thank you, Betty Neville Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold,NY 11971 Tel. 631 765-1800.Ext. 228 Fax 631 765-6145 Cell 631 466-6064 , i-,,--- - - F.) i7::; ---i :' % '',,:7 , :, ,• ,,_, ,.,.„ ,,.. „ ,,, , , =Ai ,,,....„, .._. .....1z.......:.:z:"..—:-..-2.—_._:22._._ 1 o I l; EN-CONSULTANTS "J l'--/APR 2 3 2015 ' ' ' 1 , [___ ..__ r''.-.rd !Tp4;_tm___.-._ .....__. j April 16,2015 r Elizabeth A.Neville,Town Clerk RECEIVED C}( . Town of Southold Town Hall,53095 Main Road APR 1 7 2015 Southold,NY 11971 Attn.: Ms. rn outhold Town Clerk A Re: Theodore&Nathalie Strauel 220 Bay Lane,Orient • SCTM#1000-24-2-21 Dear Ms.Neville: In regard to the above referenced property,enclosed are the following for review: 1. Application for Appeal to the Coastal Erosion Hazard Board of Review 2. Cover letter. 3. Letter of Authorization. 4. One set of site photographs 5. Board of Trustees Letter of Denial. 6. Copy of Section of Town of Southold Coastal Erosion Hazard Area LAw 7. Copy of Section of NYS Coastal Erosion Hazard Areas Act,"Coastal Erosion Management Regulations." 8. Copy of Application package to Town Trustees including: a) Project Plan prepared by En-Consultants,dated January 7,2015. b) Survey prepared by Kenneth M.Woychuk Land Surveying,PLLC,last dated January 7,2015. c) Notice to Adjacent Property Owner,Proof of Mailing,and Return Receipts. d) Affidavit of Posting. 9. Copy of Local Waterfront Revitalization Program Memorandum dated February 11,2015. 10. Copy of Board of Trustees and New York State DEC Wetland Permits. 11. Application fee of$250. ,.. . .. .. - - - 6444 ii II in EN-CONSULTANTS )' 1319 NORTH SEA ROAD-PH.(631)283-6360 eid'* ° € S) JA�APTON,NY 11968 t{- - DATE etth Co/1 Ili PAY ' A,VIDT -. . 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" Total Packages Total Weight CriatCodhodi. , . . .. • ' A I I •- i I'li M 1 L . • 4 '' 1 ' i ' . ...1- .1.1.i..i...4.........r,0-4,c,,,,,- 4288. ...420 . lOur Beady Ix Srilladto MIES uriassleu declares hionarvolue.Seathe=maid&Sante&ids fordatals. ITEI 1 • I . , ` ....I.P.'t-.•'','T x 11,' !iN9f,I .4 . ••Rt'.''‘I„ Roe Date/l2•Pert R1S3134.019%-2012 Fe dEx•PRINTED IN U.SA SRS .• 1- ., , •olx",11, 10,i,, „,•,;,,,,•„:,.;.,•':?ht,,I;t4;91 ••,i 11, r. A.. . %. ••• 1.1 „, TOWN OF SOUTHOLD i APR 2 3 2015 APPLICATION FOR APPEAL TO THE COASTAL EROSION HAZARD BOARD OF REV DATE4/16/15 NAME OF APPLICANT:Theodore&Natalie Strauel ADDRESS: 680 Croton Lake Road,Bedford Corners,NY 10549 DATE OF DECISION APPEALED FROM March 18,2015 SPECIFIC CHAPTER/SECTION INVOLVED Chapter 111-11(c) THE ALLEGED ERRORS IN THE DETERMINATION ARE: See attached cover letter. INTERPRETATION THAT IS CLAIMED TO BE CORRECT: See attached cover letter. RELIEF SOUGHT:Authorization to construct within a nearshore area a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14' ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,dated January 7,2015. *COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL I • SIGNA UR OF APPLICANT IMIMff rf EN-CONSULTAN APR 2 3 2015 tL 1 @@ 1►pril 15,2015 ,!'u i0tvr r. Scott A.Russell,Town Supervisor Town of Southold 4 P.O.Box 1179 Southold,NY 11971 Re: Coastal Erosion Management Permit Appeal for Theodore&Nathalie Strauel,220 Bay Lane,Orient Dear Mr.Russell: I am writing to the Town Board pursuant to Sections 111-20 and 111-21 of the Town Code, which allow the standards and restrictions of Chapter 111, "Coastal Erosion Hazard Areas," to be varied or modified by the Town Board in their designated capacity as the Coastal Erosion Hazard Board of Review pursuant to Section 111-25. Specifically, we are requesting that the Town Board grant the relief necessary to allow a fixed timber dock to be constructed at the captioned property, where the proposed dock would be located in the "nearshore area" of the Coastal Erosion Hazard Area and was thus denied a Coastal Erosion Management Permit by the Board of Trustees pursuant to Section 111-11(C),as described below. Before applications for the Town Wetlands and Coastal Erosion Management Permits necessary to construct the proposed dock were submitted to the Board of Trustees in January 2015, the applicants and I met with the Trustees during a pm-application conference at the property on November 12, 2014, at which time a slightly different dock configuration from what is currently proposed had been lathed out for the Trustees inspection and consideration. The purpose of the meeting was to determine whether the Trustees might have any substantive objections to the proposed dock before the applicants fully invested in the application process. During that meeting, the Trustees voiced no such objections but recommended that the dock be realigned to achieve a greater setback from the property to the south, which does not currently have a dock, while maintaining the minimum required separation from the property to the north,which contains a dock that is angled in a northerly direction. The dock design was thus modified in accordance with the Trustees' recommendation and again lathed out for their inspection prior to the public hearing that was held on both applications on March 18,2015. During the public hearing, one neighbor spoke in support of the proposal, and neither the Trustees nor any neighboring property owner voiced any objections. At the conclusion of the hearing,the Trustees resolved that the proposed action was consistent with the Local Waterfront Revitalization Program and voted unanimously to grant the requested Wetlands Permit for the dock as it was proposed. However, the Trustees also determined that they had no choice but to deny the application for a Coastal Erosion Management Permit due to the language of Section 111-11(C), which states that "all development is prohibited in nearshore areas unless specifically provided for by this chapter"(copies of code section and Trustees decision attached). The Trustees' interpretation that they were bound by code to render this determination reveals an inconsistency between the Town of Southold Coastal Erosion Hazard Area Law and the New York State Coastal Erosion Hazard Areas Act and the corresponding"Coastal Erosion Management Regulations,"6 NYCRR Part 505,with respect to the permissibility of constructing a dock within the nearshore area. Specifically, while Section 505.8(a)(2) of the State regulations similarly stipulates that "all development is prohibited in nearshore areas unless specifically allowed by subdivision 505.8(a) of this Part," Section 505.8(a)(5), which follows, explicitly allows for the construction of docks in a nearshore area pursuant to a Coastal Erosion Management Permit. To wit, "A coastal erosion management permit is required for new construction, modification, or restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach nourishment"(copy of code section attached). -- 1319 North Sea Road I Southampton,New York 11968 I p 631.283.6360 I f 631.283.6136 www.enconsultants.com - environmental consulting Regardless of whether the omission of this paragraph from the Town's Coastal Erosion Hazard Area Law was intentional or the result of an oversight at the time Chapter 111 was drafted, it has the effect of removing from the Board of Trustees the power to ever render a substantive decision on a Chapter 111 application to construct a dock in the Coastal Erosion Hazard Area and instead passes that decision making power to the Town Board. Because if a dock is seasonal or has a top surface area of 200 square feet or less,it is considered an unregulated activity that requires no Chapter 111 review, and if it is permanent with a top surface area greater than 200 square feet,the Trustees must summarily deny the Chapter 111 application, assuming their interpretation of the code is correct. And because the Trustees are entrusted with the power and responsibility of determining whether,where, and how docks and other shoreline structures may be constructed throughout all Town waters, one must question whether it would have been the Town's intention to legislatively prohibit the Trustees from rendering their own decision on an application to construct a dock in a Coastal Erosion Hazard Area. It is also worth noting that by finding that a Coastal Erosion Management Permit cannot be issued for a dock in the Coastal Erosion Hazard Area due to the fact that all development is prohibited in nearshore areas, the Trustees have determined that dock construction constitutes "development," a term which is undefined by Section 111-6. The omission of this defmition is also problematic since customarily the Town would not deem an otherwise unimproved parcel "developed" due to the presence of an in-water structure such as a dock or bulkhead. Therefore, it is questionable whether dock construction would even constitute"development" as the term was intended in the code. Nevertheless, the Trustees denied the Strauels' application for a Coastal Erosion Management Permit in accordance with their interpretation of the code as currently written and so we are petitioning the Town Board for relief pursuant to Section 111-20,which allows for the standards and restrictions of Chapter 111 to be varied or modified when it can be demonstrated that strict application of such standards and restrictions may cause practical difficulty or unnecessary hardship,provided the variance criteria set forth in Section 111-20 are met. In this case,the applicants are seeking relief from the practical difficulty and unnecessary hardship created by the denial of their ability to construct a dock for their private, noncommercial use pursuant to a Town Coastal Erosion Management Permit, an ability that has otherwise been granted to them by the Town of Southold in the form of a Town Wetlands Permit. Coastal Erosion relief should be granted by the Town Board since the variance criteria set forth in Section 111-20 are in fact met by the proposed project: A. No reasonable,prudent, alternative site is available. The dock can of course only be placed in the water along the applicant's shoreline,and anywhere it is placed along the applicant's shoreline will be located in the nearshore area of the Coastal Erosion Hazard Area. Therefore, there is no alternative location for the dock that would not require variance relief pursuant to the Trustees' interpretation of the code. However,within the boundaries of the applicant's property,the dock has been proposed roughly in the center of the property with a slight angle to the north for the purpose of maximizing the dock's separation distance from the property to the south while maintaining the minimum required separation distance from the property to the north,as was recommended by the Trustees. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. The proposed dock would be located along a historically developed shoreline characterized by 8 other existing docks located within a 900 linear foot radius of the subject property,including the longer dock located on the northerly adjacent property and 4 others located within 400 feet to the north of the subject property(see attached photos). The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the south, which extends approximately 500 feet into Orient Harbor. Due to the presence of these neighboring dockage facilities and the absence of vegetated wetlands or submerged aquatic 2 vegetation within the vicinity of the proposed dock,the introduction of the proposed dock, whose catwalk will be constructed of untreated decking and whose ramp and float will be removed seasonally,would not cause a"fragmentation of ecological communities;"result in the physical loss,degradation,or functional loss of ecological components;or otherwise adversely impact the functions or values of the surrounding natural systems,including the wetlands or tidal waters of the Town. C. The development will be reasonably safe from flood and erosion damage. Although located in the Coastal Erosion Hazard Area,the dock is proposed in a well enough protected area that eight existing dockage facilities located within a 900 linear foot radius of the subject property along this developed shoreline have been successfully maintained for many decades, including the adjacent dock to the north that was permitted by the Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the dock has nonetheless been designed structurally designed in accordance with its location in the Coastal Erosion Hazard Area,and the ramp and float would be installed and removed seasonally. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. As discussed with the Trustees,the dock has been designed with the minimum length necessary to reach safe,navigable water depth at this location. E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. Public funds will not be utilized in connection with this privately sponsored project. In addition to meeting these variance criteria,the project also meets the criteria for issuance of a Coastal Erosion Management Permit as set forth by Section 111-9 because a)the proposed dock is reasonable and necessary considering reasonable alternatives and the extent to which it requires a shoreline location,as the dock is the only,means by which to provide safe,private,dockage for this residential waterfront property and would be consistent in nature and location with the surrounding permitted dockage facilities;b)the proposed dock is not likely to cause a measurable increase in erosion at the proposed site and at other locations or adjacent sites;and c)the proposed dock will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. Therefore,for all the reasons described above,we respectfully request that the Town Board grant the applicants the variance relief necessary to construct their dock as it has been proposed and otherwise approved by the Board of Trustees and New York State Department of Environmental Conservation,whose approval is also enclosed herewith. Should you have any questions or require any additional information from me in support of our request,please let me know,and we thank you in advance for considering our request. Res ectfully yours, Robert E.Herrmann Coastal Management Specialist Attachments cc: John Bredemeyer,Chairman,Board of Trustees Lori Hulse,Assistant Town Attorney Theodore and Nathalie Strauel 3 EN-CONSULTANTS TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants to access my property for the purpose of evaluating and/or delineating wetlands and other environmental features and/or making official inquiries on my behalf and/or representing me and acting as my agent for the purpose of securing regulatory approvals and related matters. A/ira!' r Print Name 3/3'/ Dated 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 I f 631.283.6136 www.enconsultants.com environmental consulting THEODORE AND NATHALIE S'I'RAUEL,220 BAY 1,ANE,ORIENT wS ,,,,AL,4,"SoP' -- • " ,..,.,,,,- - '--,- -, ' t161!i.tr*-4:',,4r -.......,... - ,. ... Figure 1. Looking southeast toward location of proposed dock from adjacent dock to north. -? ,, . ' ' .....• .., iolip- '' . 1 xi,. ,.• S S 55 SSS 55 .-:'.:,.:=r,..,"'i<,°-,z•,',:,,,'-*,...btp,,,,,,i„;,;.---s',„;:,,,J4.1" '-- 'S. - z -- - ... " - --,,;,-;--;-.,."'•:,2,7-',Ut.'W4=''''''xs.;5'- ,=. - `,"" - --" ' -' , ,-' 5.4,0'5 ,"*.,•;1...i°:;;,,'',.';',"P-M'','''''4''''-. '„,/.5'""` - - „, ;'' ,;5;'•-!,' '-', '' ; 5 ,,,,, a -, ..... _ .., , W `-1, 4- ''''' , ,'- ' ', i' . ;- , l'' ; ' ' - ;'' 5 5 - - "'''' SS , .:1:`a '''' '' ...... , i''''i., Figure 2. Looking northwest toward location of proposed dock and adjacent dock to north. THEODORE AND NATHALIE STRAUEL,220 BAY LANE,ORIENT . .,„,,,,,,,,,,,,,„:, ,, .. ,. , sR £i � Z,1-44 ' x m • • Figure 3. Looking southwest from upland over locaof propdk and toward Orient Harbor and Orient Wharf Company pier and marinaosed toocsouth. 220 V`1 nay Ave F . `�� o, � , ,xdol<?Ic B Figure 4. Aerial view of subject property to and surrounding dockage facilities to north and south. Phoby Google Earth. John M.Bredemeyer III,President F' y� ; Town Hall Annex a Michael J.Domino,Vice-President 54375 Main Road ; .1L ; P.O.Box 1179 James F.King,Trustee '! Southold,New York 11971-0959 Dave Bergen,Trustee ►�/ Telephone(631)765-1892 Charles J.Sanders,Trustee 'ream 0,10' Fax(631)765-6641 • BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 18, 2015 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: THEODORE &NATHALIE STRAUEL 220 BAY LANE, ORIENT SCTM#24-2-21 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 18, 2015 regarding the above matter: WHEREAS, En-Consultants on behalf of THEODORE & NATHALIE STRAUEL applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application dated January 14, 2015, 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 specifically Inconsistent with the following coastal policies pursuant to Chapter 111 Coastal Erosion Hazard Areas of the Town Code: Policy 4.1- Minimize losses of human life and structures from flooding and erosion hazards, Policy 6.1-Protect and restore ecological quality throughout the Town of Southold, Policy 6.2-Protect and restore Significant Coastal Fish and Wildlife Habitats, Policy 9.3-Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 18, 2015, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area regarding the location of the proposed development, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposed structure, as applied for, is located in a nearshore area as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and governed by Section 111-11 (C)-All development is prohibited in nearshore areas unless specifically provided for in Chapter 111, Section 111-6 Definitions Unregulated Activity-docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area less than 200 square feet or which are removed in the fall of each year, and, NOW THEREFORE BE IT, RESOLVED,for the foregoing reasons, and because the proposed action is located entirely within the coastal erosion hazard area and in a nearshore area, and because the proposed action is not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Trustees deem the proposed project to be impermissible under Chapter 111, and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES the Coastal Erosion Permit application of THEODORE &NATHALIE STRAUEL to construct a fixed timber dock consisting of a 4'x97'fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20'float secured by two (2)-pile (10"diameter) dolphins; and as depicted on the site plan prepared by En-Consultants, last dated January 7, 2015, and stamped approved on March 18, 2015. This determination should be not considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, 4"‘ etaileasdm.sr. John M. Bredemeyer III President, Board of Trustees JMB/amn vn of Southold,NY Quick View 1"5 ' "' Thi; following restrictions apply to regulated activities within structural hazard areas: A. A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater. Systems installed along the shoreline must be located landward of the shoreline structures. B. The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited. C. Permanent foundations may not be attached to movable structures, and any temporary foundations are to be removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provisions are made for their removal. D. No movable structure may be located closer to the landward limit of a bluff than 25 feet. E. No movable structure may be placed or constructed such that according to accepted engineering practice, its weight places excessive groundloading on a bluff. F. Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a removal agreement was attached to the original coastal erosion management permit. With the attachment of a removal agreement to the coastal erosion management permit, the landowner or the signatory is responsible for the landward relocation of movable structures. Removal agreements may be made when the last owner of record and the owner of the structure are different, with the approval of the Town at the time the permit is issued. G. Debris from the structural damage which may occur as a result of sudden unanticipated bluff edge failure, dune migration or wave or ice action must be removed within 60 days of the damaging event. H.Any grading, excavation or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face. §111-11.Nearshore area. Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches, bluffs or dunes by causing waves to collapse or break. Nearshore areas also function as reservoirs of sand, gravel and other unconsolidated material for beaches. Sandbars, which are located in nearshore areas, control the orientation of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms. The roots of aquatic vegetation in nearshore areas bind fine grained silts, clays and organic matter to form a fairly cohesive bottom that resists erosion. The following restrictions apply to regulated activities in nearshore areas: A. Excavating, grading, mining or dredging which diminishes the erosion protection afforded by nearshore areas is prohibited, except construction or maintenance of navigation channels, bypassing sand around natural and man-made obstructions and artificial beach nourishment, all of which require a coastal erosion management permit. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas. Any deposition will require a coastal erosion management permit. C. All development is prohibited in nearshore areas unless specifically provided for by this chapter. §111-12. Beach area. Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches http://www.ecode360.com/5157845?all=true 9/23/2011 (6)Debris from structural damage which may occur as a result of sudden, similar open-work supports having a top surface area of 200 square feet ur unanticipated bluff edge failure or erosion must be removed within 60 days less,or docks,piers,wharves,or other structures built on floats and removed of the damaging event. in the fall of each year are excepted from this permit requirement. (7)The last owner of record, as shown on the latest assessment roll, of real (b)Beaches. The following restrictions and requirements apply to regulated ac- property upon which a movable structure is placed is responsible for remov- ing that structure and its foundation, unless the last owner of record and (I)Excavating, grading, or mining which diminishes the erosion protection the owner of the structure, if the structure is not owned by the last owner afforded by beaches is prohibited. of record, have made an agreement providing otherwise in a form accepta- (2)All development is prohibited on beaches unless specifically allowed by ble to the department. subdivision 505 8(b) of this Part. (h) The construction or placement of a non-movable structure, or non-movable major addition to an existing structure, is prohibited within structural hazard areas. (3) The normal maintenance of structures may be undertaken without a j coastal erosion management permit. (c)A coastal erosion management permit is required for the installation of public service distribution, transmission, or collection systems for gas,electricity, water, (4)The restoration of existing structures that are damaged or destroyed by or wastewater. Systems installed to serve coastline development along mainland events not related to coastal flooding and erosion may be undertaken without shorelines must be located landward of the shoreline structures being served. a coastal erosion management permit. (5) Non-major additions to existing structures may be allowed on beaches (d) Any grading, excavating, or other soil disturbance conducted within a strut- tural hazard area must not direct surface water runoff over a bluff face. Pursuant to a coastal erosion management permit. (6)The following restrictions apply to the use of motor vehicles on beaches: 505.8 Restrictions on regulated activities within natural protective feature (i)motor vehicles must operate seaward of the upper debris lines at all areas. times.On those beaches where no debris line exists motor vehicles must (a)Nearshore areas. The following restrictions and requirements apply to regu operate seaward of the toe of the primary dune, and (ii) motor vehicles must not travel on vegetation. lated activities in nearshore areas. (7) A coastal erosion management permit for deposition of material on (1) Excavating, grading, mining, or dredging, which diminishes the erosion beaches will be issued onlyfor expansion or stabilization of beaches; clean protection afforded by nearshore areas is prohibited.However, coastal ero- sion management permits for dredging may be issued for constructing or sand or gravel of an equivalent or slightly larger grain size must be used maintaining navigation channels, bypassing sand around natural and man- (8)Beach grooming or clean-up operations do not require a coastal erosion made obstructions, or artificial beach nourishment. management permit. (2)All development is prohibited in nearshore areas unless specifically al- (9)A coastal erosion management permit is required for new construction, lowed by subdivision 505.8(a) of this Part. modification,or restoration of docks, piers, wharves, boardwalks,groins,jet- ties, seawalls, bulkheads, breakwaters, revetments, and artificial beach (3) The normal maintenance of structures may be undertaken without a nourishment. Docks, piers, wharves, or structures built on floats, columns, coastal erosion management permit. open timber, piles,or similar open-work supports having a top•surface area (4)Clean sand or gravel of an equivalent or slightly larger grain size is the of 200 square feet or less or docks,piers, wharves, or other structures built only material which may be deposited within nearshore areas. Any deposi- on floats and removed in the fall of each year are excepted from this permit tion will require a coastal erosion management permit. requirement. (5)A coastal erosion management permit is required for new construction, (10)Active bird nesting and breeding areas must not be disturbed unless such modification,or restoration of docks,piers,wharves,groins,jetties,seawalls, disturbance is pursuant to a specific wildlife management activity approved bulkheads,breakwaters,revetments,and artificial beach nourishment.Docks, in writing by the department. piers,wharves, or structures built on floats,columns,open timber,piles, or 11 12 EN-CONSULTANTS January 13,2015 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold,New York 11971 Re: Theodore&Nathalie Strauel 220 Bay Lane,Orient SCTM#1000-24-2-21 Dear Board of Trustees: In regard to the above referenced property,enclosed are the following for the Board of Trustees review: 1. Three(3)Wetland&Coastal Erosion Permit Applications including: a) Short Environmental Assessment Form; b) Authorization&Disclosure Forms;and c) Project Plan prepared by En-Consultants,dated January 7,2015. d) Survey prepared by Kenneth M.Woychuk Land Surveying,PLLC,last dated January 7,2015.. 2. One(1)set of site photographs. 3. Application fee of$500.00. 4. Three(3)LWRP Consistency Assessment Forms including: a) Bluff Stabilization Plan. I trust this information shall allow you to process our permit request. Should any additional information be required,please do not hesitate to contact our office. Sin erely, iAt Robert E.Herrmann Coastal Management Specialist /khs Enc. —— 1319 North Sea Road I Southampton,New York 11968 I p 631.283.6360 I f 631.283.6136 n wvv encons_ttants.com environmental consulting James F. King,President y Town Hall,53095 Main Rd. Bob Ghosio,Jr.,Vice-President ,r rrs i P 0.Box 1179 Dave Bergen rl 'g+1� Southold,NY 11971 `,1;6 fl!�� Telephone(631)765-1892 John Bredemeyer , ai jo i Michael J.Domino _ ,�� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application Wetland Permit Application Administrative Permit Amendment/Transfer/Extension Received Application: Received Fee: _Completed Application Incomplete _SEQRA Classification: Type I Type II Unlisted Coordination: (date sent) LWRP Consistency Assessment Form CAC Referral Sent: _Date of Inspection: _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: Public Hearing Held: Resolution: Name of Applicant Theodore&Nathalie Strauel 680 Croton Lake Road Address Bedford Corners,NY 10549 Phone Number: (914) 524-9289 Suffolk County Tax Map Number: 1000- 24-2-21 Property Location: 220 Bay Lane,Orient (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road,Southampton,NY 11968 Phone:631-283-6360 Board of Trustees Application GENERAL DATA Land Area(in square feet): 11,702 s.f. Area Zoning: R-40 Previous use of property: Residential,single-family dwelling Intended use of property: Same,with dock Covenants and Restrictions: Yes X No If "Yes", please provide copy. Will this project require a Building Permit as per Town Code? Yes X No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. 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 Building Dept. Yes X No Does the structure(s)on property have a valid Certificate of Occupancy Yes No Prior permits/approvals for site improvements: Agency Date NYSDEC#1-4738-03389 12/10/04 USACE#2004-00902-L2 2/10/05 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): Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14' ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,dated January 7,2015. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To provide private,noncommercial boat dockage associated with waterfront property. Area of wetlands on lot: +/-45 square feet Percent coverage of lot: <0.4 Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? X N o Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed dock would be located along a historically developed shoreline characterized by 8 other existing docks located within a 9001.E radius of the subject property, including the longer dock located on the northerly adjacent property and 4 others located within 400 feet to the north of the subject property. The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the south,which extends approximately 500 feet into Orient Harbor. Due to the presence of these neighboring dockage facilities and the absence of vegetated wetlands or submerged aquatic vegetation within the vicinity of the proposed dock,the introduction of the proposed dock,whose catwalk will be constructed of untreated decking and whose ramp and float will be removed seasonally,would not cause a"fragmentation of ecological communities;"result in the physical loss,degradation,or functional loss of ecological components;or otherwise adversely impact the wetlands or tidal waters of the Town. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity. To provide private,noncommercial boat dockage associated with waterfront property. Are wetlands present within 100 feet of the proposed activity? No X Yes 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 Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Although located in the Coastal Erosion Hazard Area,the dock is proposed in a well enough protected area that more than a half dozen existing dockage facilities located within a 900 l.f.radius of the subject property along this developed shoreline have been successfully maintained for many decades,including the immediately adjacent dock to the north that was permitted by the Board of Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the dock has nonetheless been designed structurally in accordance with its location in the Coastal Erosion Hazard Area,and the ramp and float would be installed and removed seasonally. Therefore, consistent with the standards for issuance of Coastal Erosion Management Permits set forth by Chapter 111-9,the proposed dock a)is reasonable and necessary considering reasonable alternatives and the extent to which it requires a shoreline location,as the dock is the only means by which to provide safe,private,dockage for this residential waterfront property and would be consistent in nature and location with the surrounding permitted dockage facilities;b)is not likely to cause a measurable increase in erosion at the proposed or adjacent sites;and c)will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, 7W% i vt ,f. 5%/*C residing at 6Fe C-, i—d^1 (print owner of property) (mailing address) E /17> eve 5 /V//p e `} do hereby authorize (Agent) 1/1.-/ 4jn/5(/L 1 to apply for permit(s) from the Southold Board of Town Trustees on my behalf. / / (Kvner' si:•.ture) f/ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, 1IA 4, � residing at 6 g" riK/.) y)/VE „61,91), (print owner of property) (mailing address) 'j ``, do hereby authorize (Agent) [ PJ C,t.is v, r"i �" r► to apply for permit(s)from the Southold Board of Town Trustees on my behalf. I 7170 (o`wner's signature) Board of Trustees Application County of Suffolk State of New York ,7/(4.Oc)a/ . 5•7-72,1(U- 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 HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,J,HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. (Y.( 77) S _ • • SWORN TO BEFORE ME THIS 6 DAY OF AL' ,20 fly • 1 HENV5e0SwuY Nota y Public ,JOSEPH C• A YorkNotary PUp'HEt75Qualified in Queen?:-; nty Commission Expires I4iay 31,201s Board of Trustees Application County of Suffolk State of New York .47 -7----)/4-6/E. S'--72411C<-- BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE 1S THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES. THEIR AGENT(S) OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. AClith ' gnature SWORN TO BEFORE ME THIS D DAY OF !'t U (= ,201 it 4/') HqE\7sY C / 7 _JOSEP 7yirNotary PubliteewYork 75 Not ry Public Qualified in Queensy 31n2o� Commission Expires 1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME. -5 i L G. A 4 (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity.such as a company-If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee 4� Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the-shares. YES NO if you answered"YES".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person - Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. ' The town officer or employee or his or her spouse,sibling,parent.or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 6-/L day f f9V6-"4- 2OO f Signature Print Name pet..,-pv /LP✓°� Form TS I APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town ofpossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME. S C ✓f.��.., !` (-1 Li (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent.or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day f I .J ,r fr 2001(1 Signature 1 - Print Name f Jq -iMt44. rS7724,31..4C, Form TS 1 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I-Project Information.The applicant or project sponsor is responsible for the completion of Part I.Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available.If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part I. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Name of Action or Project: Strauel Dock Project Location(describe,and attach a location map). 220 Bay Lane,Orient,Town of Southold,Suffolk County;SCTM#1000-24-2-21,property is located on east side of Bay Lane,+/-170'north of Village Lane,refer to provided maps. Brief Description of Proposed Action: Construct a fixed timber dock consisting of a 4'x 97' fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14'ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,dated January 7,2015. Name of Applicant or Sponsor: Telephone: 914-523-9289 Theodore&Nathalie Strauel E-Mail: tstrauel@gmail.com Address: 680 Croton Lake Road City/PO: State: Zip Code: Bedford Corners NY 10549 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2 If no, continue to question 2. 2.Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X NYS DEC,USA COE,NYS DOS 3.a.Total acreage of the site of the proposed action? 11,702 s.f. acres b.Total acreage to be physically disturbed? N/A acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 11,702 s.f. acres 4 Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0 Rural(non-agriculture) ❑Industrial 0 Commercial '=' Residential(suburban) ❑Forest 0 Agriculture =' Aquatic ❑Other(specify). ❑Parkland Page 1 of 4 5.Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes.identify: Name:Peconic Bay and Environs, Reason: Protect public health,water,vegetation,& scenic beauty,Agency: Suffolk County, Date 7-12-88 X 8.a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: N/A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13 a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Dock will occupy approximately 586 s.f.of Orient Harbor. 14.Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply. ® Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional 0 Wetland 0 Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO❑YES X b Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe. 0 NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19 Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE IN I RMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: RA E. Herrmann,Coastal Mgmt. Specialist Date: January 12,2015 Signature: i,A' Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2.Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public/private water supplies? b public;private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, waterbodies,groundwater, air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I Part 3 should,in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude.Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ 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. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 . __ _ 1 4 Y, ....... pRlENT 1" = 40' 2leJ 2-PILE DOLPHIN (10") ,. C\ 6' x 20' FLOAT 15 min.) 4. 2-PILE DOLPHIN (10") Apd. PILINGS (TYP) 3' x 14'' RAMP 101/ x \ b a 4' x 97'NFIXED PROPOSED • TIMBER CATWALK DOCKS • . `' a ` ±127' i' P • ,.x _s. o ,', N xN r , 'IDi. 78' xo xo pit i' a (2) 4 x 6 N -- !`sJ �� i ' y+ o STEPS sp,�o, Mum ` x g Q OR F. 1 U 3 ',` -_� ,,, off., : ?II ±24 _ a ar: a�1. Q-n3 , 4�. R �B AY I..L "CON-"iiiE SE1 WKL 'H „AI', o.�, ,, IrE N •NE st G �� fir) -„ AsP CI c 4.. ,41; o. �� S4 i ROOF OVER 51Th(ACCE55 via PAY LAM zir,,". ' �. ??9 to W000 PORCH and OMNI 11000 c..j,e n x ," \� y C.• 13, Suffolk Comby Haastron Ma>'50 in 6= • I. i" ° 2000' nx 0 z N Notes; M '' 'g 1. Purpose:Private,rurrairnercial toat dxkage �p k. c 2. Patin:MLLW=0' -0" -5, Water depths(referenced to MLLW)transcribed from hydrographic sural prepaed by Kerreth M.Waichdc a i IhLaid 5trveytrq,PLLC,last dated Jauay 7,2015 R.b N1K 4. t2ock to consist of pressure-treated structural support tknbers;untreated decking;and Irk-dipped galvanized steel t —9 l hadwae C \ 5. Pock to be equipped with a light,water,and electricity I' t ���/// b. Kanp aid float to be removed seaoc!1d14 7. Three-pile bents to be used to support fixed catwAk 8. Plan and crossview di ams are schematic in nature aid ae - — \ intended pray to establish project location,scope,aid basic construction details for permitting purposes aid are r»t 0 \ Intended to serve as or substfh to fa engirI erinq or construction plans for construction purposes 9. Project location:220 Pay Lae,Orient: • c SCBM No.1000-24-2-21 w 'P I . 11 Tq NTS x ITOF'O5HP POCK FOF 11-EOPOM - •O?T H SEA ROAD ANP NA'UALI51PP 1. ON OFEN1" .: AMP ON, NY 11968 ...\'e-'$ STS I-IMI30t?, OFII7�N1", SUFFOLK OLK CO., NY o 1 I‘. 3-63bO , Ex.eE' . HoSSENtppP T,- 11-5--.- � J IL1 101 G 1-7-15 % N/ 5C-110N Nal O1'05P FDTP 11Mt3 POCK i" - 20' ---s s-----t E,' -I PIZOPCP Plgt2 91' mom MOCK 1 IMP —14'---1 (2) 4 sgrs 2"LINIMMW PeCKINI6 " 6"L6"5CRINGE1Z5 1----20'FLOAf-----1 6"x 6C.PP5 1-----1 e -2 _ _I EX.RICK WALK -__L 5-7, exanx r,-- r----]--- _- MI...1)N‘-0'-0" A ---7.,.19. 77—1----------- 0“ L _ __: '; " -1,SLO" X.CONC./51ONE SEAWALL ri DC GRADE L. _ _ - v 1 —rs 76 - ., * K5 0 10"x VAR.LENGTH PILINGS --c5 (5-P11-E PENIS) L - (2) 2-PILE 1201,PHIN5(10" x'0') IQ s.7C5 > .c3 g % = ..._ _\7 0 ...17.- -- - \y\ 7 7K5 ';1 :._:', ---'-- -'::! 0 \ ---4 \--- C3 • ..e- E --•• -•;;--• - m ---,- CM (- Ks --c.: ,--- _ ----. ,. = Z`-`` -< ---N CP-4 S.C.T.M. NO. DISTRICT: 1000 SECTION:24 BLOCK.2 LOT(S):21 O, . PJUN0So 1 NYS DEC COASTAL EROSION 1 O 9 4 HAZARD LINE(SHEET 27) //7/Y}}Y.N,, a AUG.29,7988 4 -3.5 -3.0 6. ,, 3 I zone AE(CI.T) UWDOFN/F I. ZONE AE(CL a) .'iN x x 10.0 ,•••• „,S BANRENBURO I Frog N �.,"ti:I' II iW S.8 x-{ I BELc.B t a✓a II s. uM¢ \ y o O -17.5 ZONE KIEL 9)6W Z. .W e I , I �-z 9 1 BPLx PAK!I ER6EWY f6Y �aOHc ;3.7 .as 1 Dee of f II/I 1154`.. 30.1"E ( .-1 ) ;40 230.84' R at p ., �` � x -2.5 -i0 1 K v2lI:8 ,i `y X 1( off N> x -t.s ! 1:u / ri 1* x PIKR B6K.LW *cm 4'.. -I.0-x3 x0.0 iw 3.8), 1 i W°6 ',I ti x x Bid 1.81. 33.Rr n ea o ata we.,cure rt -J.s I Ltd XIV a Wi x I x �I °�iMil I — n6.6 0.6 b2 SFr.FRx1 K000 DECK R-3.0 I CC 76 1 11 " nae / a ASV 9 O 1 • aRI.1].] 0 9.J' 290 FAR. .i1 a. -.1'N ,,0, -55 1 !✓ 1 ~raw 1 V sn BALCONY fJri3 V 05 00� `2.0 xl.s '-`l.D I h /� I TOO' n 6.7 - m2• X ..•— d • Cl.6.6 O MEW S 31. 03 ^I v I SETHgGK "_/01.2 _ n 66 9..9.1 HFI.9 JUT' 10- LAND N F I D.ox 0 ,.a N I v 1 ea a S / I Cl.ea. ,2.2• EL 6.8 CL 6.v OF �0 F 711 5.8 'F 24.92' v.v'N , 6'BLOC,.OE, ^ I 3 _ WN. :. p0^A POGO I For 2.01 i I I M1 O' --- Cr S54a44 30 h v I W = 1 1 151.82' ,x s.IS`� FO9,[ S0� LAND N/F • / / N U -1 O I /LAND N/F m�T `aIN OF 7 p in LN,N /I H /5' C' LAND N/F MILUS F m�S \ 3 / i' N'O.W 8' OF 1 O ZONED R-40 x C ne KING l 0s NON-CONFORMING LOT a I g MAx 200 LOT COVERAGE-2.340 S.F. 7 2= PRINCIPLE BLOC.SETBACKS:FRONT 35' / 3 �r SIDE 10'(95) 25'ITOTAL) 3 REAR 35 N THE WATER SUPPLY, BELLS ORYNELLS AND CESSPOOL M° LOCATIONS SNOW ARE FROM FTELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS OS FiRU PANEL 0068H v1 1AQ►G l 6 AREA: 11,702.06 SQ.FT. or 0.27 ACRES ELEVATION DATUM: MLLW Y UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT REARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED To BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON.AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE'STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY or DESCRIBED PROPERTY CERTIFIED TO: THEODORE A. STRAUEL, MAP OF NATHALIE T. STRAUEL; FILED: FIDELITY NATIONAL TITLE INSURANCE COMPANY; SITUATED AT:ORIENT TOWN OF• SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK ✓ Professional Land Surveying and Design , ,,._,./1* 4/o P.O. Box 153 Aquebogue, New York 11931 FILEPRONE(631)298-1388 FAX(831)290-1388 REVISED 01-07-I5 9 13-135 SCALE.1.=30' DATE.AUG. 1, 2013 N,Y.S. LISC NO. 050882 maintaining the record.91 Robert J.Henn..,A Kenneth u.6971696 , if� ., t .� ) ;3a, li. I 'h T�'1.. ��� BA �a1 27 A:.:, ) : ' °� ya a L:Ra'� �� $ urer-. $ i ate•a ,r•:=s '/ ,; , ,°'"N_ ' ..: "2;:';:::-,:-':'::...,,,..--.,,,:a.,:.::,,,, ,,,,-:,..,,,.: :l''.,'- ' , , ,-, it '0-;-',40 ,p„ z 4 e 1 -*2 i it`' �'`` , 4'. ,t, : .,s ash`. ,` .,�;,� Y - ' � x:€ ,'''-'4..‘‘I''W ;:'''-:-'' ';,..:',..4 .. ' *4 4 � �� : r Figur, 1. Lookings<lutirc'tast toward la cttlzrrtr rrf proposed doe" from adjacent r o h t rzrartdr. } #n .,..i, -„,,,,::% sit •u", 1. p y _. tanti: .,,';;.=:'''—'.. +�.e`..�.,.,.,..,, a a ° •`` ' £ fir ', :4;:'---;,v, 'spa ' �w ., aP � i '' »ate ' "` '#d ,iptt 3 .tea«..ate" . .°r ....'. � .•a':A1,,:461' .'� ,aws..'�'. „�,., Fig 2. Looking rrarthr,est toward location ca ;rrrot?rrsrri do la and adjacentdock to nor7h. THEODORE AND .. .. ... NATHALLE STRAUEL„220 BAY LANE,ORIENT i'''',F .'1,*iiiir,::0,20,11WAM411:ief'.Z':;•,;:4,':',',A'"''',,,,,l'','',,,::'''''''''"'"'' ' '.,-.,,',T,:t•,--=';';,,f:k10-,•,,-,,i'-ii.;;,i.,:-:„.;:,,,,,,,,,,i5-4111.1:..5.A.,,,,*4;,:t„,<:.:,*„.,,,,,,,;,:,44*Z.,,:," ..,...........,........,.„-:, --,,v.m.,?- 0; ........;.11fNft'l',.ft1:117.' ... . .. . . . . .. ........ . .. . .-- ,.. ........ . . . . .... - . . .. . pier and marina to south. Figure 3. ?* Looking southwest and Orient 14"Itarf company from upland toward Orient Harbor a o:,er location of proposed dock and . . - #4' Z • , . . . „ . ...:: -„, .,... zie'A,/ Bay Ave ...... .. - ...., ... ........ . . ... .A. .,4. ;itfA,., '',.' ....,,,.... i '; - .., .., . . . 4.• .. ,.. , . ' ' ''4;', , • ' "' 20'4 GOC,P),,, ' .,, , ,„„..,„, ..i.,,,,;.,*0 .. ...r.,.., .. , . -. , .,, . - _ . ,„ ,, .. , -,,...:,,, „. Figure 4. Aerial view Photo kr Google Earth. of subject property ant surrounding dockage facilities to north and south. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. A II applicants for perm its' including Town of Southold agencies, shall cow plete this CCAF for proposed actions that are subject to the Town of Southold i aterfront Consistency Review Law . This assessor ent is intended to supplement other information used by a Town of Southold agency in m a k i n g a d e t e r m i n a t i o n 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" 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 supporting and non- supporting 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 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# 24 - 2 _ 21 PROJECT NAME Theodore&Nathalie Strauel The Application has been submitted to (check appropriate response): Town Board ii Planning Board 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: Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14' ramp, and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants, dated January 7,2015. Location of action:220 Bay Avenue,Orient Site acreage: 0.27 acre Present land use: Residential,one-family dwelling 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: Theodore&Nathalie Strauel (b)Mailing address: 680 Croton Lake Road Bedford Corners,NY 10549 (c) Telephone number: Area Code 914-523-9289 (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? NYS DEC,USA COE,NYS DOS 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. fYes No Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes r No ® Not Applicable 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 II Yes No Not Applicable The project will be consistent with Policy 3,as the proposed dock would be located along a historically developed shoreline characterized by 8 other existing dockage facilities located within a 900'radius of the subject property,most of a similar scope and/or configuration as the proposed dock,including the longer dock located at the northerly adjacent property and 4 others located within 400 feet to the north of the subject property. The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the south,which extends approximately 500 feet into Orient Harbor. Therefore,the dock would be in harmony with the visual quality of the surrounding developed shoreline. 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 See attached. 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 a Yes No Not Applicable The project is consistent with Policy 5 to the extent that it is applicable in that the dock will be constructed with untreated decking,as required by Chapter 275 of the Town Code. 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 LWRP CONSISTENCY ASSESSMENT FORM Addendum for Theodore & Nathalie Strauel 220 Bay Lane Orient, NY SCTM#1000-24-2-21 NATURAL COAST POLICIES Policy 4:Although located in the Coastal Erosion Hazard Area,the dock is proposed in a well enough protected area that more than a half dozen existing dockage facilities located within a 900 I.f.radius of the subject property along this developed shoreline have been successfully maintained for many decades, including the immediately adjacent dock to the north that was permitted by the Board of Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the dock has nonetheless been designed structurally in accordance with its location in the Coastal Erosion Hazard Area, and the ramp and float would be installed and removed seasonally. Therefore,consistent with the standards for issuance of Coastal Erosion Management Permits set forth by Chapter 111-9,the proposed dock a)is reasonable and necessary considering reasonable alternatives and the extent to which it requires a shoreline location, as the dock is the only means by which to provide safe, private, dockage for this residential waterfront property and would be consistent in nature and location with the surrounding permitted dockage facilities; b) is not likely to cause a measurable increase in erosion at the proposed or adjacent sites;and c)will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. • Due to the presence of the numerous neighboring dock structures,including the larger dock located immediately to the north and the Orient Wharf Company pier located less than 300 feet to the south,installation of the proposed dock will not cause a"fragmentation of ecological communities,"nor will construction of the dock result in the physical loss,degradation,or functional loss of ecological components,as there are no vegetated wetlands or submerged aquatic vegetation located within the vicinity of the proposed dock,and the catwalk will be elevated and of open-pile construction using untreated decking. The ramp and float will be removed seasonally;and the project will meet the statutory and regulatory requirements of Article 25 of the New York State Tidal Wetlands Act and Chapter 275 of the Town Code. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. 7 Yes No / Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. �/ Yes No Not Applicable Due to its proposed location between the larger dock located immediately to the north and the Orient Wharf Company pier located less than 300 feet to the south,the dock will have no impacts on navigation;and two sets of steps are provided at the landward end of the dock to allow for pedestrian pass and repass along the shoreline. Attach additional sheets if necessary WORKING COAST POLICIES • Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dejendent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62 for evaluation criteria. Yes No® Not Applicable • Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. Yes [1 No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68 for evaluation criteria. Yes No I><1 Not Applicable PREPARED BY /�,- TITLE Coastal Mgmt.Specialist DATEJanuazy 12,2015 Robert E.He •. ann Amended on 8/1/05 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Theodore-&Nathalie Strauel SCTM#1000-24-2-21 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14'ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,dated January 7,2015. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 220 Bay Lane,Orient 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: February 18,2015 @ 5:30 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Theodore&Nathalie Strauel PROPERTY OWNERS NAME: 680 Croton Lake Road MAILING ADDRESS: Bedford Corners,NY 10549 PHONE#: 914-523-9289 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road,Southampton,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: 1101 Spinnakers Reach Drive G J Hossenlopp Revocable Trust Ponte Vedra Beach,FL 32082 L L Hossenlopp Revocable Trust Dorothy K Poggi 15 Massachusetts Bouelvard Bellerose Village,NY 11001 Michael P&Allison Ventura 168 Ellison Avenue Bronxville,NY 10708 Donald Claeys Bahrenberg 300 West Bay Avenue Orient,NY 11957 Walter&Alison M Millis 1800 Village Lane P.O.Box 183 Orient,NY 11957 Susan E.King c/o William A.King 465K Boston Turnpike,Apt.2 Shrewsbury,MA 01545-3939 STALE,OF NEW YORK COUNTY OF SUFFOLK Robert E.Herrmann doing business at En-Consultants 1319 North Sea Road Southampton,NY 11968 , being duly sworn, deposes and says that on the 23rd day of January ,20 15 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were '.iled to each of said persons by (certified)(regjeteved) mail. Sworn to before me this 26th KIM H . STEPHENS dayof January 2015 NOTARY PUBLIC • STATE OF NEW YORK COMMISSION NO . 5015931 _ _ • QUALIFIED IN SUFFOLK COUyTY Notary Pc EXPIRES AUGUST 70�_% . . . . .F.'..,'' •-., . .:-. ., : . . . .'U.S. Postal"ServiceTM - . --U.S.-Postal Service' : CERTIFIED MAIL® RECEIPT • CERTIFIED MAIL® RECEIPT rn p ;..Domestic Mail Only , Tzi Domestic Mail Only • rl , ru• 'vror delive informatiorti.visitoor websiterat,www.us. .com*. • ru 'For delivery Intoritation,visit our website at www.usps.comt .. ,. . ru • [-.3 D ''' ••iiEge ; t 0 ., : : =0 M M 0 i,,r, rr,-1,3t,air,i-,,i,,,.. I En - Vosimars En ,-.1orsa,n.,,(',11.1,i4e-,.2) 1 Au F. ...,.,:..,F..:,;?ii,:,,,,,A , i C3 :Emi-,,qc,rnevi,Ir--,:iir<N:, Ci !_`•,ii , F.91 I= ,, , .? 0 ,, .Rfnnn P.9,111.IFV!) ci ;0.oujoi'S.V1Iniot Akel,;tert) • 1 ,- -.-• ..--- -.-. ru i 11.J rR -,•',II'Or*-1Q0 r-3 fia:p`-,-.,,s+,,,,.., - 11.1 Ill _ -r,.,ii - G J Hossenlopp Revocable Trust =.- - FT..•,:ii;i7E. — L L Hossenlopp Revocable Trust =- ; Dorothy K Poggi C :-.1t.,..,1,,..0,...v. r-9 i---,- -, -•,- • • 1101 Spinnakers Reach Drive C ,-,gfe:,....4=1,-1..,',, 15 Massachusetts Boulevard N ;,.. 16,,,,• Ponte Vedra Beach,FL 32082 ' !,:in.. tr-P,•:. 7.1.-• Bel lerose Village,NY 11001 MMEIMagurazunizawanimaammang,..3z.-. .414.3140,..1.4,. .....,,i MEMM,..,._ v i.r.S; Postal SeNice" . . . ,-U..S:.Postal Service" _ . .• : CERTIFIED MAIL°ERECEIPT . . CERTIFIED MAIL® RECEIPT ru =:13ciitiOfid Mall Ontli .. ':. ,, , ' Domestic Mali Only ru T.Forlieli'vetry.intoriiiritibkvisit,Otikit0:*.tvvrittious,com56: .:. ..- IU ru , CU I i r-R ... '..,,, ..... C3 i ! f.:-.--• Irf . 1:21 I CI ,zasta_,J9.i Si' '• e CI 7,1sracv, ''' 14:1 ; —1 ,--,- '( V() cEl tnled7:1,1 n--, rn •-.• Poitt%11-, I M • CI c`08tmark C Re,uir. R En o;ri, ept ri4,: i C :Eiulmsamert. equire,-1') .. C tEr.do.sernentrumoir id) L=I _ ; I En ,-",..4ritmar .,1;.1(.4..- .... P,Igr.r1,11e(10011 C ,,000-9:3, C i !Fandorsemelit O)I 1 i .E.:,,,Irns,F.,ment Required: In1 I-IJRI ! , I r-q !;;-f Ai;:',,----- -. ' :7 I-1 ToSa!? I:41( - ''' fl.2 11.1 7 ?-7-.i- c'F,FtPi ft: Michael P&Allison Ventura . - i Donald Claeys Bahrenberg ... .._ 168 Ellison Avenue r-9 CI !'''"',Iri Mr; 300 West Bay Avenue 1...,_ ;•,-„, a0 Bronxville,NY 10708 1 _ . 1-,_ 1 r Orient,NY 11957 -,„ •.,„•,-,,,,,,-, ',---••:-.-•• . • ...............,...:03,,,,.-....ak-wilai Writciiii'. . . , . ... U.S. Postal Service". '-US. Postal.Service" CERTIFIED MAIL® RECEIPT CERTIFIED MAIL® RECEIPT Domestic Mail Only . . ,--9 ,. Domestic Mail Only . . . ...0 .: rti For delivery information,visit our Website at www: nt usps.coo,. .-. ....0 run j FOr delivery.information,visit our website at www.usps.como. , :, ,.: . I , : ,:' ,.; '-i ; ii 2,..:,'... L ‘i 411,1. . t... ..--,. 1-9 I D ....1_—___—________:.___.—____, E3 .ORIPV,i S ! C 09.stage 1. 'RI s 43 =1:3 1 : -- ,t- ..w'ille!I F-3'-.;i er:ifi9.--,.i„, r,... rnm i_________,...______ i pos — zostiner, tip6 C co Ret.tyr,C-1,ice.ipt Fr.-mi . 1-inr,, Return Fiecein!;.ee i C 'EiernNnerit,,,Niu,..-,it 1 0 IrEofinrserrter.f i3,--utiire!di : . ini ; - 0 PAGtr'croo 0,-_,,i,v,i,rn'l : giestrirterl 091.,,i ,,, •Fndo,sernPnt,:taFjz,r.-d, , , (F..o.crsr.1,-.11 P,..-;;lirr.fi) Iru I ________4 11.1 I..., r•R 7otai,,,s.0 __ r.-1 T;Itai Pr.sra,.ie ru ru Walter& Alison M Millis --! Susan E. King = i 1800 Village Lane _! c/o William A.King 1 En• i 3rpq&..•4 1:,-;; - r_ P 0.Box 183 • 0 1 5,r9ei g 611( Ah• 465K Boston Turnpike,Apt.2 i ,•:-:.,1:1ox Mr, Orient,NY 11957 I .--. , >. Shrewsbury,MA 01545-3939 7.L41: /I MIIIII1WA 11.03.3[RDERFZEMOWINIa..a.z.stil.-....7.7W...,..14vii..),,,.. '°. .,°0911T!384 ' --'..;'.. ' - ..'-. '.":".',. , . .. . ..-*...,-,2,44iiiWitj SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X 0 Ad • Print your name and address on the reverse ❑Addreress so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery adfiress below- 0 No I f % G J Hossenlopp Revocable Trust L L Hossenlopp Revocable Trust 1101 Spinnakers Reach Drive t Type Ponte Vedra Beach,FL 32082 3. s ice i7J Certiffiieded Malls ❑Priority Mail Express" 0 Registered 0 Return Receipt for Merchand 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7011 2120 0003 8001 2203 (Transfer from service Iabe. PS Form 3811,July 2013 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X 0 Address so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Dorothy K Poggi 15 Massachusetts Boulevard Bellerose Village,NY 11001 3. Se�iceType ®Certified Mail® 0 Priority Mail Express' 0 Registered 0 Return Receipt for Merchandit ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer7014 2120 0003 8001 2210 from service labeQ PS Form 3811,July 2013 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. /� '/(( 0 Agent X / • Print your name and address on the reverse ' '( �'/ t( ❑Address so that we can return the card to you. B. Received by(Printed Name) C. Date of Deliv. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Walter&Alison M Millis 1800 Village Lane P.O. Box 183 3. Se, ce Type Orient,NY 11957 r Certified Mello 0 Priority Mail Express" ❑Registered 0 Return Receipt for Merchand ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7014 2120 0003 8001 2241 (Transfer from service label) 0011 ,..,. nn-,, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si. . ur: item 4 if Restricted Delivery is desired. X • _1 ❑Agent a Print your name and address on the reverse t�7' ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Donald Claeys Bahrenberg 300 West Bay Avenue Orient, NY 11957 3. Se ice Type gEf Certified Mail° 0 Priority Mail Express'" ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7014 2120 0003 8001 2234 (Transfer from service label) --- —,------_--_ PS Form 3811,July 2013 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A• 1 item 4 if Restricted Delivery is desired. ElAgent • Print your name and address on the reverse X i // , ` .L • Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Michael P&Allison Ventura 168 Ellison Avenue Bronxville, NY 10708 3. �s ice Type M(Certified Mail° 0 Priority Mail Express'" ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label 7014 212 0 0003 8 0 01 2227 PS Form 3811,July 2013 Domestic Return Receipt John Bredemeyer, President Town Hall Annex Michael J. Domino, Vice-President �r°� �Gy�; 54375 Route 25 James F King ;y i a P.O. Box 1179 Dave Bergen y �,, Southold, NY 11971 Charles J. Sanders * ,a10-0 Telephone (631) 765-1892 • Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of • THEODORE & NATHALIE STRAUEL COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, Robert E. Hermann , /dba En-Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn,depose and say: That on the 10 day of February , 2015 ,I personally posted the property known as 220 Bay Lane, Orient; SLIM #1000-24-2-21 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday,February 18, 2015. Dated: (signature) Sworn to before me this 18 day of Feb 2015 Notary Public KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO 5015931 OUALIFIEO IN SUFFOLK COUNTY EXPIR' Ee AUGUST 7 . 2017 • \\pg SO114;?; OFFICE LOCATION: ;s `i° Q .`;, MAILING ADDRESS: Town Hall Annex yY � r, P.O.Box 1179 54375 State Route 25 * Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) latc ; �'' Telephone: 631 765-1938 Southold, NY 11971 � -*�. �O LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM 1 :1 To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner f/ LWRP Coordinator Date: February 11, 2015 Re: Local Waterfront Revitalization Program Coastal Consistency Review for THEODORE & NATHALIE STRAUEL SCTM# 1000-24-2-21 En-Consultants on behalf of THEODORE & NATHALIE STRAUEL requests a Wetland Permit and a Coastal Erosion Hazard Area Permit to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile (10" diameter) dolphins. Located: 220 Bay Lane, Orient. SCTM#1000-24-2-21 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 us, it is our recommendation that the proposed action is INCONSISTENT with below LWRP policy standards: 4.1, 6.1 (A.2, and A.3), 6.2, 9.3 (A), and therefore is INCONSISTENT with the Local Waterfront Revitalization Plan. : b „ . . .„, .., ., .... , ,, . „, , ,,,,,..;,41.:,4„, ,::.,,:,,,, ,, ,..,, , 4.„...,,,,..: ,,,ii —It.c, • ';.•:: '..." ‘' ,°‘--, 4't, 'I .,,, ,,,,. ,,,,, .,,,,i, ' - f.'" !4 --,',...,_ 4.4,,,, .4. ''- • zr. • ' ',: , ' -* .3..c,:. •.:5:54441kie ' 4,t,1 `'.1.'' *''',.#''' -74ir'''''` - • ' ' ' ' \''. '''-' • ' ,44.f,,:",*',4'A " F S N•''. 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A : 1; ' PilAjiof:.i r•rrn .-q \ ,...O„ X'‘,•-,t.7,z,‘.,14,•.,.:i •<ef,14f1. rt•,''''',7 ..i-.;‘)^ .k•.'‘‘‘. %',. 4 ,.0 ''').`\ s\ ,‘,, ,--7",, 4'4 .... ,„,,,-,s-.,„,,,,,,,,,i;•4•-gerGooq/0 Ntl„.:444,--•,II•,',,;2,t,:,d::'„''..''4,,.k'.:'„3';..,:''''','..Nr',,'‘'''-Z'‘',•-.it-' V , •=,.• , es.,.) *6ti t\e79a'9 rfttb s 6/192C14 41'061510 N ry stFigure 1Subject parcel (white arrow) of human life and structures t maritime Minimize losses historic and current 4,1 Harbor an area of , within Orient on Hazard Area from flooding and erosion hazards. dock would be located and will be Although the actionis activity, the proposedlocated CEHA) Erosion pursuant to § the Coastal , . nearshore area within the Coastal Erosi the proposed dock is within ment is prohibited The location o f the earshore. All develop Chapter 111, COASTALHazard Area ( constructed in the nearshore, y provided for by built on 111-11 unless spec area may include surface area of within the nearshore supports with a top in nEROSION HAZARD 111-6, allowable activitieswithin similar open work AREAS. Pursuant to § open timber piles or other is prohibited n of the proposed fixed portio dockRsD., in the floats, columns, re feet. The dock, proposed, as HAZARD AREAS. The each year as required less than 200 squaciA COASTAL EROSION not be removed lated activity. to Chapter 111, 8C square feet and would the structure is a regulated in the nearshore area. pursuant dock equals Coastal Erosion38Hazard Area, therefore § 111 11. Nearshore area C. All development is prohibited in nearshore areas unless specifically P for by provided this chapter.§ 111-6 Definitions UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 6 1 Protect and restore ecological quality throughout the Town of Southold The role of the Southold Town Board of Trustees in the protection and management of the Town's ecosystem, particularly as it relates to surface waters is recognized by the Town (LWRP). 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The importance of the Orient Harbor habitat has been recognized through the state designation of area as a Significant Coastal Fish and Wildlife Habitat. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Use the following factors in assessing potential adverse impact: 1. environmental impact, 2. values for natural resource management, public recreation, and commerce, 3. size, character, and effect of the transfer in relation to neighboring uses, 4. potential for interference with navigation, public uses of waterway, and riparian rights, 5. effect of the transfer of interest on the natural resources associated with the lands, 6. water-dependent nature of use, 7. adverse economic impact on existing commercial enterprises, 8. consistency with the public interest for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. A private, dock structure in this location would extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. Further the single family residence requesting the private, dock is not a water dependent use. The LWRP does not fully support the construction of docks or structures in Orient Harbor and recommends alternatives such as the mooring of boats and mooring in nearby marinas. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed actions. Cc: Lori Hulse, Assistant Town Attorney • l,,#,,_, of S®WT John M.Bredemeyer Ill, President ,01�a y�`,�\, Town Hall Annex 47, O Michael J Domino,Vice-President 54375 Main Road l � P.O Box 1179 James F. King,Trustee Southold. New York 11971-0959 Dave Bergen,Trustee � ct•1�,1 Z Telephone(631) 765-1892 Charles J Sanders,`I rustee =_l��'® ��`�.;,il Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 18, 2015 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: THEODORE & NATHALIE STRAUEL 220 BAY LANE, ORIENT SCTM#24-2-21 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 18, 2015 regarding the above matter: WHEREAS, En-Consultants on behalf of THEODORE& NATHALIE STRAUEL 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 January 14, 2015, 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 due to noncompliance to Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, and, WHEREAS, the Board of Trustees has furthered Policies 4.1, 6.1 (A.2 and A.3), 6.2 and 9.3 (A) of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the proposed dock meets all standards set forth in Chapter 275 of the Southold Town Code, Wetlands Ordinance; the dock proposal is located within a sheltered area that contains several other docks; and 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 18, 2015, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approves the application of THEODORE & NATHALIE STRAUEL to construct a fixed timber dock consisting of a 4'x97'fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3°x14' ramp; and a 6'x20' float secured by two (2)-pile (10"diameter) dolphins; and as depicted on the site plan prepared by En-Consultants, last dated January 7,'2015, and stamped approved on March 18, 2015. 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: $0.00 Very truly yours, doe.— John M. Bredemeyer HI President, Board of Trustees JMB/amn • t! ray, r[Cj - n.._..�� :s.n:rj�--.�7:��`,yr +a„a;>ir��"r. V ••�tt'� �,;,t'—•j. i �__ � �}��� �1�..'-:. q r ow rt..�. . a,:c. <e Y F df•a" l''''. .7 R ,t.,S7 '?a`�r .,y :\\'(.1t: % ��rc� { '�"r� ,� > L.. %':;7; •�� ,�,.+r)} <,�r1 7.. ✓ ��'� ����^"�' f aw" �P�1165.::IP:'''' �r l a- `' �� \VI , ••/•,' ` .,. .r:t;' . w rg ..r ,.,Y--- )'x7•hT1+"Cfr.Y'res+...:::::'-'-!/:"' r r• ::::".'::::7--:::6::743--;77:4;1111;:i ..p�.,�..-,rs,;.r..:a ' BOARD OF SOUTHOLD TOWN TRUSTEES ��` r,, SOUTHOLD,NEW YORK - 4-.! --0 1 �`' i PERMIT NO.8572 DATE: MARCH 18,2015 {fir '' 1 11yi I1 r i= ISSUED TO: THEODORE& NATHALIE STRAUEL I it: ` ` ' '` � j. <--` I PROPERTY ADDRESS: 220 BAY LANE,ORIENT a ; 1`y� k ' ,,�.� ai SCTM#24-2-21 a J, fr i 3 ,',, I•: =,,._.‘• 1 AUTHORIZATION ((/;,:,,,, !‘..-•-.-, l' : Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in �„m `` accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 18,2015,and in ` '� ` consideration of application fee in the sum of$500.00 paid by En-Consultants and subject to the Terms and '�'• '' Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the ,a /f ., following: ,�ti t'-� ' ys��' I Wetland Permit to construct a fixed timber dock consisting of a 4'x97' fixed �"�?_ .) 1t / �'` ! timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a ���,� ':--4: 6'x20' float secured by two(2)-pile(10''diameter)dolphins; and as depicted on the site ��• ` F ' plan prepared by En-Consultants,last dated January 7,2015,and stamped approved ; :17.:.---;:i::,,\ on March 18,2015. ' C IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, Z� 1.: ,'.:; ' i, �'' ; and these presents to be subscribed by a majority of the said Board as of this date. I ` y°/ '• :::, i „,. i i� ) _,,.....,,,,, g11fF0(,� � i i7- c r (( r si :::::=1:,,..,;..•'ff:I\:,..,:;„, ♦ _ i r ter. --- 5 � ' ° .�R aw 4le Charles 1.Sanders .;`tet , 1 i:c) 7'tit � J ,•,..,,-,,-0 (t� 1€= j f g ' .- __ f '.C :S x'1P 'TN...t�+,I,,��' .J vV A wfA>, ,,,.,,,,,-0,..„1., ._ -,..,„.....„?..-„v f` 4n •\ -AA AA I' , 4ric -A. , ► ry 1. 1-11 - y ,. L2 ,, ..+, t om.'. i ,�j rs_S' ` ,,...„a• 3,,,,,,i,,..pii,v•\,,:v '` .h--t�y_.. 's. ,, r .-4,14:4z90— T'% ,s �j? r.` ,i r f gr -%,-._�M,���a 1‘ 'J'� r�`�+ . ,�;� ♦ y - TERMS AND CONDITIONS The Permittee,'Theodore& Nathalie Strauel,residi�at 220tlay_Lane,Orient,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: I. 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 the location of the work herein authorized,or if,in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. 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. 10. 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. sooTHoLD TRUSTEES No. I Ei Issued To Theodore ÷Modrihtil" Date 31113115 atter( Address 2-2-D ".. A i • THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICEITOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 . . ... .. I" = 40' APPROVED BY ,., •,. ...4 Di, . ' .BOARD OF 'I RUSTEES .,:,,cion . . 2-PILE 1):10LPHIN (TO') ' ... T OF SOUTHOID II - 15. calif)) 6' x 20'1 FLOAT r ,:-.• 2-PILE DOLPHIN Nil ., 3I 1 g ii /3 )6. PILINGS (TYP.) ' k‘' I 3' x 1 4'I RAMP \ - i• . i cYk--9)11 14jAd'. ;... PAOPOSED 47:IAABx ER97'&FTIXWEADLK I DOCK -.1 - _ ,..• ...II."' +:81:81:::c.:.4:1:.. N •• r _ +N. ‘,440,,, .. • . • c4" ' •....0 -.... STEPS g': i, 40- i - ---. 0 allilittc 4 nn yc ._ 4".4,. - - BAY I i e seA'mu .t• I i----1:!...„___..... AaulTe R•o,„ ---- . . ...„, .-q,...,?._,. ;.._ C ----* ,.0,-1 , -2. +37 ±36 , CI'414- Cti VA °; t m P) ROOF OVER 511t(ACCf55 via DAY LAW 'li'' g ,f \;•."—% itt *000 PORCH awl OMNI Wei50) 4. 1 "Tkvaeo 'A. ..., Vkik Carthi Hafistrorn Mir 50 b Of ?.. % Z *te5: Si " .- 1‘..-- ft k 8 I. Pirpose:Private,mar:Irma boat dockac .... r 2. r2aturn:MI-LW•••0' (> -0:"-2°00 1 . N 3, Water depths(referenced to MLLW)tratscribed Ell from h4drocraphic sunei preparcati Kerneth M.Waduk x i : ( LLaid Survaling,RIC.last dated slavery 1,20 it15 ,b gi›.1 1 4, rock to consist of pressire-treated structural sup _, port A 1 R timbers;untreated deckin ad Irot-dipped gdvanaed sted 1., hadwae rr 5. Pock to be equipped with a light,water,alai electriatit 6. Panp and float.to be reMOVed seaway 7. Three-pile legs to be used to arpport Ned catwalk 6. Mai aid crossvIew diarrans se sciematic in nature and are ...-- tt. ---'\ Intended criti to estAdIsh project locatiat,5C0pC.ad basic constnicbon detais for permitting 1A005C5 aid are rot V \ N' intended to serve as or substitute fa-emireering or construction plats for catstruction purposes 9. Project lock=220 Pal Law.Orient; in Cr5CfM bt.1000-24-2-21 ci -r -i. ...... -c -4,. r. 1 I PWPO5P POCK FOP-11-e0POM -t. ANP NA-1-1-1AL1 51VALIEL ON OIN\11" I-IAPDO , REN-r, SUFFOLK CO. NY 51-1 -1" I OF 2 1-7-15 s/1' ^ — 5C11ON MI PPOP0512 19)W 11MMI2 POCK 1'' - 20' PUN:0%P flgP V' 11MM 90a 2"infiTAIE0 veallo 6"Gi 6 , 5 6"7..6"511211 .,..2,,611 42125 -----2a FLOAf—.. —77 V r•-"i . EX.KICK WALK j i , -: 1 j P.a-'-. -----7,17-. -- - --7 r'-.- --..----1 I ,--=••--, — .14„,„_.:I___If 1, , 1 1 • 1;.-— 11-- i[ •. f, I 1, mum-42.-o" ,,.,._ .. •-I-141 li 'I r ---1 r_T:-.E.f.i....7,_ ..,4,-Q.,_.. ___...4__. .L _..1 I'-.a. i 1 J li __, 1 LGRAti ..J ,I i i t i +5 _N. , I i I .'(.441.) ' - 775 , ...,.. ,, 11 il rx‘ 44, .K3 o Kyi 4 VA LEWIN FLINGS I r11 -73 ( PIZ PENi5) (2) 2-Pa PcIPHIN5(10"x 30') tN) ?Rs > 7c z zz S.-.? Ks , ; _• , .. . ... .,.=.. \--- 7g ' m R _ _ _ New York State Department of Environmental Conservation aik Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0372 Fax: (631)444-0360 Website:www.dec.ny.qov W Joe Martens Commissioner March 17, 2015 Mr. Theodore Strauel 680 Croton Lake Road Bedford Corners, NY 10549 Re: Permit No.: 1-4738-04386/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit,fo ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posed at the project site and protected from the weather. Sincerely, Claire K. Werner Environmental Analyst CKW/Is Ilk alma NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION w Facility DEC ID 1-4738-04386 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Facility: THEODORE STRAUEL STRAUEL PROPERTY 680 CROTON LAKE RD 220 BAY LNISCfM 1000-24-2-21 BEDFORD CORNERS,NY 10549 ORIENT, NY 11957 Facility Application Contact: EN-CONSULTANTS 1319 N SEA RD SOUTHAMPTON,NY 11968 (631)283-6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Orient Facility Principal Reference Point: NYTM-E: N YTM-N: Latitude: I,ongitude: Project Location: 220 Bay Lane - Watercourse- Orient Harbor Authorized Activity: Construct a catwalk with two sets of steps at landward end, a ramp and a float. All authorized activities must be in strict conformance with the attached plans stamped NYSDEC approved on 3/16/15. (CK W) Permit Authorizations Tidal Wetlands - Under Article 25 Permit 11.) 1-4738-04386/00001 New Permit Effective Date: 3/17/2015 Expiration Date: 3/17/2020 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator:ROGER EVANS, Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY(c_@ STONY BROOK150 CIRCLE RD STONY BROOK,NY 11790 -3409 FALLA- Authorized Signature: Date 3 1/9 /24r Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION �r Facility DEC ID 1-4738-04386 Distribution List EN-CONSULTANTS Habitat-TW CLAIRE K WERNER Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS . s NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 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. 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. 3. No Construction Debris in Wetland or Adjacent Area Aux debris or excess material from construction of this project shall be completely removed from stiie adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 4. 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. 5. Storage of Equipment,Materials The storage of construction equipment and materials shall be confined to the upland area landward of the bulkhead or on a barge. 6. Dock,Catwalk Size Dock or catwalk shall not exceed 4 feet in width and shall be a minimum of 3.5 feet above grade(as measured from ground to bottom of dock/catwalk decking)over tidal wetland areas. 7. 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. Page 2 of 6 Ada 11110/ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION New Facility DEC II) 1-4738-04386 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. 8. No Floats,Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 9. Float Installation The float shall be installed only at the approved location with a minimum water depth of 2'/2 feet,measured at apparent low tide. 10. No Dredging or Excavation No dredging,excavating or other alteration of shoreline or underwater areas is authorized by this permit,nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 11. 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). ;f ( `; ��,. • 12. Docks at Property Lines Docks/catwalks/floats must not: a. extend laterally beyond property lines, b. interfere with navigation,or c. interfere with other landowners riparian rights. 13. Pilings at Property Lines Pilings shall not: a. extend laterally beyond property lines, b. interfere with navigation, or c: interfere with other landowners riparian rights. 14. No Structures on Pilings No structures, other than structures specifically authorized by this permit,shall be constructed on pilings without further authorization from the department(permit, modification or amendment). • '') Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION •Rim' Facility DEC ID 1-4738-04386 15. 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 cap#ityiof the watercourse. No claim shall be made against the State of New York on account!of'any such`i`emoval or alteration. 16. 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. 17. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or_waterway by suspendedsolids, sediments, fuels,solvents, lubricants, epoxy coatings,paints, concrete, leachate or any other•environmentally deleterious materials associated with the project. 18. 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 EnConsultants,dated 1/7/15, stamped NYSDEC approved on 3/16/15 . 19. State Not Liable for Damage The State of New York sh4l1-.in'no case be liable for any damage or injury to the structure or work herein authorized which may be.taused 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. 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. Page 4 of 6 • • Mira NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION No' Facility DEC 1D 1-4738-04386 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,modifidai+.k n or transfer are to be submitted to: Regional Permit Administrator • NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOKI50 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. 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 iht'hi $fibn 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. • Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Now Facility DEC ID 1-4738-04386 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. 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 95-20-1 (8/87)-9d ' New York State . Department of Environmental Conservation . No -ricE ek The Department of Environmental Conservation (DEC) has .issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator-listed- below. Please- refer- to the permit- number shown when contacting the DEC. Regional Permit Administrator Permit Number P/738-0'/336 cowl ROGER EVANS Expiration Date 3/1 7 /ago NOTE: This notice is NOT a permit , . . 4 . , , x - We i" = 40' fEN N U N ARBOR 2-PILE DOLPI/IN (10") 4 %,. o t min-) / J. 6' xx 20'•FLOAT 2-PILE DOLPHIN (10") • to ADJ. PILINGS (TYP-) 3' x 14'1 RAMP l 1 ,,..„. . ,, 4 . . ,., ,._._,,,b IN'Op tat,I 4' x 971"FIXED P/?DOCK D TIMBER CATWALK ci-t .3 Iii,V1 r (_Yh' u y I b '4. en alp,. ±127' c ) d 1 I . fri Ifr 1„4 i $. " • ;' c-1:>�= .c yw- 2r 3swvrA.�llIhOrienE�\ Su' '• VI & ��1 •sir-avE--.SEA Witt[ _� .pIsr`GJ� I o ±37 _+36 HA BO ' I tt Y i O. (Roar , , 5117 OCa55 via DAY ME • s\ n, e .1} • l'' 000 v«+aj ad OVINf W3OI)' 4' B o 7 e } `�,f}c Cards Nathan Map 50 n - k I" 2000' �, x co 1 to to V I. Pupae:Private.raeanmercI [oat dxkac' \--(>----7,. R c 2. [Toch m:Ml LW a 0' 0" ...-- ti ' 3. Water depths(refereeed to MI-LW)tra scribed from Iildracfaphic sure ey prepared by Km eeth M.Wa Oa k : f—ll Lad`veytrq,I'Ll-C,last dated.lauay 7.2015 up o § S. 1 IL 4. Pock to consist of pre�re-treated struchad support H — timbers:ur reated decking:and hot-dipped gdvaured steel �'r `, 1hadwae E t 1 5. pock to be equipped with a hght,water,and electricity H 6. Rapp ad float to be removed seasaiallq 1. 1-ree-pde[vents to be used to support flied catwalk 6. Plan aid crossvlew diacrans ae schematic In nature aid ae .----N\ intended alq to establish project location,ecepe•aid basic ` ted colstructicn details for permitting imposes aid ae not Intended to serve as a-substitute for ci neerkt or - construction plass for construction purposes 9. Project location:220 Pal Lace.Orient; c r SLIM No.1000-24-2-21 n EN-CONSULTANTS F OE2O/I,n POCK For fitOPOIT 1319 NORTH SEA ROAD ANn NA11-1KE 511 ALJL ON OC;IN1' SOUTHAMPTON, NY 11968 c,\$ 5qs or?, O IIN1, 5U FOLK CO., NY 631-253-6360 zzg2N�F NoSSEN,�pp T� . 5H1" I OF 2 I—7—I - - -- ------- - 1 C110N THRU PI OPO5P MIXfP 11MI3�t?POCK I" - 20' • s--'36' ; PROPOr t2 pDW 11M13p12 POCK — RAW 2"I2JfITA 2 DECKING 14'-- (2)�h 5v56'r d"CAPS 6°x b"51141•4164-2 6 - -20'FI OAf—1 w SEX BRICK WALK f , r \ ` n - r1 r • 1 I 1 I t I i MUM.- o' o.. X,GONG/51 \E AW,U. , — . • r'' I i ill . iJ i I EX.G 4 LI Nze !+ I 'i I II ��i �IIi *e (, .) i i� i � 1, ,,� ,SII 7175 C CC i; I i10"x vPR,IENGiH KINGS j ;;O (3-PL DNf5) j j O (2) 2-PIZ GOPLAINS(10 "x30')N7KS -3'. ON ® c.4. o� v QQ = :. r) 7_ C� C CS D rv, Q Z t ,‘ c5 0 4%s,ti 4 ' ti 00 ►: O � a 4i N Q / cb ,R0 x o /1"` 4 / E W o o >Li / 'it,/ •h 44/ (f) �-_ ± 16 . 5 ,`�o o 00 ���\�, o IG O 11-1 EA a li_ , ,i' e9 il 3Y �,y • " • 0 A • Off' ' N' PROPOSED PLANTINGS LEGEND $ 0 EX. PLANTINGS TO REMAIN ® EX. PLANTINGS TO BE REMOVED CI PROPOSED CLETHRA ALNIFOLIA IG PROPOSED ILEX GLABRA \ L. CONTANER; SPAC: 3' 4' a : OTE: PROPOSED SHRUBS TO BE 3 - 5 A • John M. Bredemeyer 111. President , '' FFO Town Hall,53095 Main Rd_ Michael J. Domino, Vice President P.O.Gym P.O. Box 1 179 James F. King N z Southold,NY 11971 .r n, i Charles J. Sanders Nt- Telephone(631)765-1892 Dave Bergen ` Ol ' Fax�''o 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 1/ constructed Project complete, compliance inspection • , .,,,, , --N\ 7.---- ---%:\-'\ (-----71,'---;, ,,,,,/,',/-i- t,$) ,7-----N„._ _,----N, .7 : '''',.t211,P, ,---j, : -----it i 1,, t r..r.---------- , ,,,<-j-'.- -.---:------:-,--;,,n,\-- --------------------,, , ------------_ .,,Ai,...-7 ( C tc_-, g•I'''''‘.-_t _ IP—',,\))) -J,fi' 1j)- ..'•_-r -k.;), .4."---- b‘. ,-.'",k,, %7. ) (- BOARD OF SOUTHOLD TOWN TRUSTEES T � SOUTHOLD, NEW YORK t•. `, _ PERMIT NO. 8572 DATE: MARCH 18,2015 '` ISSUED TO: THEODORE & NATHALIE STRAU( EL PROPERTY ADDRESS: 220 BAY LANE, ORIENT ''' s �� SCTM#24-2-21 ,r AUTHORIZATION ) v`� / Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in ,� // accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 18,2015,and in I' consideration of application fee in the sum of$500.00 paid by En-Consultants and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: i Wetland Permit to construct a fixed timber dock consisting of a 4'x97' fixed `\ : ' timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a " \\; 6'x20' float secured by two (2)-pile (10's diameter) dolphins; and as depicted on the site plan prepared by En-Consultants, last dated January 7,2015, and stamped approved on March 18,2015. --.J/ t IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, `' , \\ j� and these presents to be subscribed by a majority of the said Board as of this date. e \/' i, -- lie.„44- I a f ��v ' /0.4irtafc7© 11/ .\ l (3 - • W I* "R ' /r; �'f'�j� ��� �,�� Charles J.Sanders ,00 •....iII i i c �i G � � /\\t,\ �5 v,, ti - if,g V-s -. : TERMS AND CONDITIONS The Permittee,Theodore&Nathalie Strauel,residing at 220 Bay Lane,Orient,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. 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 the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. 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. 10. 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. • ,,, ,01 olf sour John M. Bredemeyer III,President 01.17 69; Town Hall Annex Michael J. Domino,Vice-President g 54375 Main Road P.O. Box 1179 James F. King,Trustee y e Southold, New York 11971-0959 Dave Bergen,Trustee ,��i Charles J.Sanders,Trustee Telephone(631) 765-1892 �� yCOU ��`�,��i� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 18, 2015 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: THEODORE & NATHALIE STRAUEL 220 BAY LANE, ORIENT SCTM# 24-2-21 • Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 18, 2015 regarding the above matter: WHEREAS, En-Consultants on behalf of THEODORE & NATHALIE STRAUEL 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 January 14, 2015, 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 due to noncompliance to Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, and, WHEREAS, the Board of Trustees has furthered Policies 4.1, 6.1 (A.2 and A.3), 6.2 and 9.3 (A) of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the proposed dock meets all standards set forth in Chapter 275 of the Southold Town Code, Wetlands Ordinance; the dock proposal is located within a sheltered area that contains several other docks; and 2 • • WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 18, 2015, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approves the application of THEODORE & NATHALIE STRAUEL to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile (10" diameter) dolphins; and as depicted on the site plan prepared by En-Consultants, last dated January 7, 2015, and stamped approved on March 18, 2015. 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: $0.00 Very truly yours, dd"— euirtelorrn John M. Bredemeyer III President, Board of Trustees JMB/amn 411 0,,o Of SO!/j,�o John M. Bredemeyer III, President ,� Town Hall Annex Michael J. Domino,Vice President ~ <% 54375 Main Road P.O. Box 1179 James F. King,Trustee ; co, ,r Southold, New York 11971-0959 Dave Bergen, Trustee ` SOC a Telephone (631) 765-1892 Charles J. Sanders, Trustee --ZYeOUNTYFax(631) 765-6641 , ,•� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 18, 2015 Mr. Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: THEODORE & NATHALIE STRAUEL 220 BAY LANE, ORIENT SCTM# 24-2-21 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 18, 2015 regarding the above matter: WHEREAS, En-Consultants on behalf of THEODORE & NATHALIE STRAUEL applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application dated January 14, 2015, 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 specifically Inconsistent with the following coastal policies pursuant to Chapter 111 Coastal Erosion Hazard Areas of the Town Code: Policy 4.1- Minimize losses of human life and structures from flooding and erosion hazards, Policy 6.1- Protect and restore ecological quality throughout the Town of Southold, Policy 6.2- Protect and restore Significant Coastal Fish and Wildlife Habitats, Policy 9.3- Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 18, 2015, at which time all interested persons were given an opportunity to be heard, and, 2 • WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area regarding the location of the proposed development, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposed structure, as applied for, is located in a nearshore area as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and governed by Section 111-11 (C)- All development is prohibited in nearshore areas unless specifically provided for in Chapter 111, Section 111-6 Definitions Unregulated Activity- docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area less than 200 square feet or which are removed in the fall of each year, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and because the proposed action is located entirely within the coastal erosion hazard area and in a nearshore area, and because the proposed action is not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Trustees deem the proposed project to be impermissible under Chapter 111, and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES the Coastal Erosion Permit application of THEODORE & NATHALIE STRAUEL to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile (10" diameter) dolphins; and as depicted on the site plan prepared by En-Consultants, last dated January 7, 2015, and stamped approved on March 18, 2015. This determination should be not considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Very truly yours, ®® John M. Bredemeyer III President, Board of Trustees JMB/amn •ore&Nathalie Strauel I'20 Bay Lane,Orient CTM#24-2-21 :111/15 IL lir III min I • t i,I . Ar , • 3/ 1 .1=/2015 9 . 11 eodore&Nathalie Strauel 20 Bay Lane,Orient •CTM#24-2-21 /11/15 3/ 11 /2015 0 • 11 { John Bredemeyer, President '''; Four Town Hall Annex Michael J. Domino, Vice-President ;,''t* V 54375 Route 25 James F. King P.O. Box 1179 Charles J. Sanders ; , c r �� Southold, NY 11971 Dave BergenYQ! ,p �a°��' Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/rime: En-Consultants on behalf of THEODORE & NATHALIE STRAUEL requests a Wetland Permit and a Coastal Erosion Hazard Area Permit to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile 10" diameter dolphins. Located: 220 Bay Lane, Orient. SCTM# 24-2-21 Tpeargea to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work faller: '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: Gs'"-/ 4 /2),f , ,9-01) IP G 1 Li iWi.i\ -e- V I G /1/ Present Were: J.Bredemeyer M Domino J. C Sanders D. Bergen Bay Constable Other Form filled out in the field by j22J4- ree e//' Mailed/Faxed to: Date: • • THEODORE AND NATHALIE STRAUEL,220 BAY LANE,ORIENT r I ,4.,;i =rr ate Jr _ —__ t s , terglininill4M1'. ''-- - Li :1111.1111"111111.1111111" •r, .. � w • Figure 1. Looking southeast toward location of proposed dock from adjacent dock to north. -\1 II 1 4 2015 J. �z. .i� �- ._ 11 Wim,; ,rr4, Oi. If :a,4 t,. 4; } N _ - ...._-_ ,..i..-„,„;.:, A Figure 2.Looking northwest toward location of proposed dock and adjacent dock to north. • ! THEODORE AND NATHALIE STRAUEL,220 BAY LANE,ORIENT Ia. • JAN . 4 • f 7 ' Figure 3. Looking southwest from upland over location of proposed dock and toward Orient Harbor and Orient Wharf Company pier and marina to south. ;., • ' • 220 W Bay Ave A 1• • • VII ••• • � �� f 1 ®2014 Google Coo Ic earth Figure 4. Aerial view of subject property and surrounding dockage facilities to north and south. Photo by Google Earth. L..... x, V tAR IENT u 6' x 20' FLOAT NSA SECURED BY (2) 10" PILESOn **Nati ° a _ / ADJ. PILINGS (TYP.) 3' x 14' RAMP ' x w 0 vx u x 1 N . U. v x y ° E ,x u 4' x 97' FIRED PROPOSED TIMBER CATWALK DOCK Ix x N • b O • 4,••` �x k{u � 4 O r4p4. O."...0 x0 J x•-•........--.... xo a u xy 'x--....,_ o Ti0 x ti s ei.,„, _... I� +24' La i N9. /1 ay0 • BA �! SEA, 0\,, 3 2f14 , . LANE a c Nb . K i ;1 i R1 El k El d 0 Ill't,,, P Y Y %..\i 8 _Pu SI . 22,62' LOP N/F H�g6Np S.C.T.M. NO. DISTRICT: 1000 SECTION: 24 BLOCK: 2 LOT(S):21 4114. ry,, !1‘.- A‘__,r 'r" ' ',‘,,' , -4 ;,,.., ;1;1. .1-‘' I L-f," 1 wuuws, �.. ./ _.. N5::4 o 1 gi / / N 8 �y "�/ 6 i LAND N/F f IY ZONE AE(EL 6) I. -3.3 0 -3.0 3 ZONE AE (EL 7) OF $ U+ x ' BAHRENBURG WAGE o X Xao \ H �, 6LK.cuRe a Z 2016 VE(EL 9) 2, W 1E I I O 2 1$ -2.5 1 �i 177 2' �� -3 7 -3 s x OI ' 3 4 emcK PAVE)onNEw" N54•44'30"E C cj 230.84' u` OA n c x x -3.0 -2.5 -2.0 X h li HwYv. ir MON. N���yx h IS jam' x X -1.5 i ,; �Id� VER ORNEWl1 .9'' V.4"- ow ^!I x -1.0 -0.5 0.0 TW 5.8 ,, �, f� O X X x BW 1.81 r,.1;;g• I , r7 •-gm 28.2' ELC.J31.K. CURS Z.N. -3.54. -. e.a' X �1 I co 1W 5.8, a:= PSE STY. M. WOOD DECK , ' PE Q -2.5 j BW 2.0 � S gl n :, a. -3.0 x ! , BRfclt WICK I I I n n owELUNG ,p • �_ 110. ' 2 �,` 0.1'N 1.5'2 x x O i I 1220 cm Buz �Q - // 2ND FLR. cito `' ��. 1.1'N 5,1.00 0 -2.5 x2.0 x x j C7, ; A' 28.2' �� 1/ sr. , BALCONY ,o. 'N 0 -1.5 -1.0 H /`y�' i " co AGE N 50 / I a4tqCOVERED I0 ' 70'51 LAND N/F 0.0It 1.2Z � b OF x 00 / TW 5 8 24.92' '.9'N 6' STOCKADE 1 ,� n - n BION. i oo"� POGGI oft BW 2.0I/ 2 S51•44'30"W \ 151.92'1 ,Z $;N �Fc, S3 LAND N/F 8E OF 3// o l a� \ ' OFN/F OMCs 8.1'N VENTURA ../ a ,/ 8 Is. ,,crit LAND N/F I MILLIS w40. \ 4 ..o / *. k0M: $ OF O / hf KING / O� / 2 o iv o` THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL c LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. FIRM PANEL 0068H AREA: 11,702.06 SQ.FT. or 0.27 ACRES ELEVATION DATUM: MLLW V1-11 . as UNAUTHORIZE9 ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BERING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUB:SURFACE STRUe-TURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: THEODORE A. STRAUEL; MAP OF: NATHALIE T. STRAUEL; FILED: FIDELITY NATIONAL TITLE INSURANCE COMPANY; SITUATED AT: ORIENT TOWN OF: SOU THOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design 41‘77;1 P.O. Box 153 Aquebogue, New York 11931 4'11.7S4 PHONE (831)298-1588 FAX (331) 298-1588 FILE j{ 13-1�;y SCALE: 1"= 0� GATE: 3 AUG.AUG1, 2D 3 N.Y.S. LISC, N0. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk O John Bredemeyer, President $uFFai, Town Hall Annex Michael J. Domino, Vice-President /454375 Route 25 James F. King `, P.O. Box 1179 Charles J. Sanders '� ,� Southold, NY 11971 Dave Bergen of * ta,,. Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: // //L 7, G/ En-Consultants on behalf of THEODORE STRAUEL request a Pre-Submission Inspection for a proposed dock on the property. Located: 220 Bay Avenue, Orient. SCTM# 24-2-21 Type o .area to be impacted: • Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland 6 Part of Town Code proposed work falls under: /Chapt.2751 Chapt. 111 other Type of Application: Wetland 1 C9 astal Erosion Amendment Administrative Emergency V. 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: j) ef1 " t G i f" of o Conditions: Present Were: /J. Bredemeyer M. Domino King " C. Sanders D. Bergen Bay Constable Other 1A Form filled out in the field by ,e. .d/em 1 �� Mailed/Faxed to: Date: pi 25-24 11"± . f 1"--m AllitLallitir N s !. , 0 8 i kr q II jaJ llralft f''.".:3,,A 1 ,- • •7001 i N dL. \ • O <0 c d�3 Q64'7 PEP SEC Pair ' �\ S \s x ..'‘ .\47 " Arl!.1 I a \\\A4 i \ W '�I it \. 3 5 I \ 0. , I I 7at 1 i �S j v ,��1C'1f,J.yJ 4p fi _ _ -. ,�,� _ __ ,�...� --o-- — -- NOTICE t"•" COUNTY OF SUFFOLK © x sscnoNrO a—.-- —�— (x'I _._ O •••••••—••• --T== _ ....I..' i,. Real Property Tax Service Agency Y „,..oe�. '� - - 'r� CwnbOitMr ERlnrtrw.RYt,M1 M 24 ia.~ -..r...�-, ro��. o �.. �_= �� -7- -._- ...�o..�—_._— a _. .. a � �I+Na•1�Nu ""� -__ re�.� -�•-- r�o�.+--..-- rse v�nd�mrtwa t[ws[Nacr ,yTTTTTm���.i` _ =o , ,xrw tON PROPERTY IMP _ iii • 41110 • MAILING SOUrz;- , OFFICE LOCATION: �,i 0 MAILING ADDRESS: Town Hall Annex �� '`W 0 P.O. Box 1179 54375 State Route 25 4E Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cis Southold, NY 11971 ; :�l Q�� Telephone: 631 765-1838 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM • To: John Bredemeyer, President t� Town of Southold Board of Trustees FEB 1 1 2015 From: Mark Terry, Principal Planner LWRP Coordinator �- Date: February 11, 2015 Re: Local Waterfront Revitalization Program Coastal Consistency Review for THEODORE & NATHALIE STRAUEL SCTM# 1000-24-2-21 En-Consultants on behalf of THEODORE & NATHALIE STRAUEL requests a Wetland Permit and a Coastal Erosion Hazard Area Permit to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile (10" diameter) dolphins. Located: 220 Bay Lane, Orient. SCTM# 1000-24-2-21 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 us, it is our recommendation that the proposed action is INCONSISTENT with below LWRP policy standards: 4.1, 6.1 (A.2, and A.3), 6.2, 9.3 (A), and therefore is INCONSISTENT with the Local Waterfront Revitalization Plan. 0 Figure 1. Subject parcel (white arrow). 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Although the action is located within Orient Harbor an area of historic and current maritime activity, the proposed dock would be located within the Coastal Erosion Hazard Area. The location of the proposed dock is within the Coastal Erosion Hazard Area (CEHA) and will be constructed in the nearshore. All development is prohibited in the nearshore area pursuant to § 111-11 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities within the nearshore area may include "docks... built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet. The dock, as proposed, is prohibited in the nearshore area pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. The proposed fixed portion of the dock equals 388 square feet and would not be removed each year as required in the Coastal Erosion Hazard Area, therefore the structure is a regulated activity. • § 111-11. Nearshore area. C. All development is prohibited in nearshore areas unless specifically provided for by this chapter. § 111-6. Definitions. • UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 6.1 Protect and restore ecological quality throughout the Town of Southold. The role of the Southold Town Board of Trustees in the protection and management of the Town's ecosystem, particularly as it relates to surface waters is recognized by the Town (LWRP). 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The importance of the Orient Harbor habitat has been recognized through the state designation of area as a Significant Coastal Fish and Wildlife Habitat. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Use the following factors in assessing potential adverse impact: 1. environmental impact, 2. values for natural resource management, public recreation, and commerce, 3. size, character, and effect of the transfer in relation to neighboring uses, 4. potential for interference with navigation, public uses of waterway, and riparian rights, 5. effect of the transfer of interest on the natural resources associated with the lands, 6. water-dependent nature of use, 7. adverse economic impact on existing commercial enterprises, 8. consistency with the public interest for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. A private, dock structure in this location would extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. Further the single family residence requesting the private, dock is not a water dependent use. • The LWRP does not fully support the construction of docks or structures in Orient Harbor and recommends alternatives such as the mooring of boats and mooring in nearby marinas. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed actions. Cc: Lori Hulse, Assistant Town Attorney � 'Qg�FFOur c- Peter Young,Chairman Town Hall,53095 Main Rd. Lauren Standish,Secretary Arri ; P.O.Box 1179 %' Southold,NY 11971 �►� �� � Telephone(631)765-1889 `�' • Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 11, 2015 the following recommendation was made: Moved by John Stein, seconded by Peter Meeker, it was RESOLVED to SUPPORT the application of THEODORE & NATHALIE STRAUEL to construct a fixed timber dock consisting of a 4'X 97' fixed timber catwalk (with two sets of 4'X 6' steps at landward end), a 3'X 14' ramp, and 6'X'20' float secured by two (2)-pile (10" dia.) dolphins. Located: 220 Bay Lane, Orient. SCTM#24-2-21 Inspected by: John Stein, Peter Meeker Vote of Council: Ayes: All Motion Carried .11 FEB 1 3 2015 /r AOFFOier 00 /� ` 4 git James F.King,President , Town Hall, 53095 Main Rd. Bob Ghosio,Jr.,Vice-President ,r� err ; P.O.Box 1179 Dave Bergen = ' ��' Southold,NY 11971 John Bredemeyer ;�'�� �'�••tTelephone(631)765-1892 Michael J.Domino _ 1 * ��.•i'� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only 1 oastal Erosion Permit Application V Wetland Permit Application Administrative Permit / _Amendment/Transf-r/ ension Received Application: /Received Fee: I. krk /Completed Application WI Incomplete SEQRA Classification: Type I Type II Unlisted i, Coordination:(date sent) JAN 1 4 2015 1/).,WRP Consistency Ass: sme t Form C .SO 1/ AC Referral Sent: � 5 Date of Inspection: All /5 _Receipt of CAC Report: _Lead Agency Determination: Technical Review: Public Hearing Held: Resolution: Name of Applicant Theodore&Nathalie Strauel 680 Croton Lake Road Address Bedford Corners,NY 10549 Phone Number: (914) 524-9289 Suffolk County Tax Map Number: 1000 - 24-2-21 Property Location: 220 Bay Lane,Orient (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road, Southampton,NY 11968 Phone:631-283-6360 • Board of Trustees Applic ri GENERAL DATA Land Area(in square feet): 11,702 s.f. Area Zoning: R-40 Previous use of property: Residential,single-family dwelling Intended use of property: Same,with dock Covenants and Restrictions: Yes X No If "Yes", please provide copy. Will this project require a Building Permit as per Town Code? Yes X No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. 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 Building Dept. Yes X No Does the structure(s)on property have a valid Certificate of Occupancy Yes No Prior permits/approvals for site improvements: Agency Date NYSDEC#1-4738-03389 12/10/04 USACE#2004-00902-L2 2/10/05 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): Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14' ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,dated January 7,2015. Bard of Trustees Applicatie WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To provide private,noncommercial boat dockage associated with waterfront property. Area of wetlands on lot: +/-45 square feet Percent coverage of lot: <0.4 Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed dock would be located along a historically developed shoreline characterized by 8 other existing docks located within a 9001.£radius of the subject property,including the longer dock located on the northerly adjacent property and 4 others located within 400 feet to the north of the subject property. The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the south,which extends approximately 500 feet into Orient Harbor. Due to the presence of these neighboring dockage facilities and the absence of vegetated wetlands or submerged aquatic vegetation within the vicinity of the proposed dock,the introduction of the proposed dock,whose catwalk will be constructed of untreated decking and whose ramp and float will be removed seasonally,would not cause a"fragmentation of ecological communities;"result in the physical loss,degradation,or functional loss of ecological components;or otherwise adversely impact the wetlands or tidal waters of the Town. Board of Trustees Applicillon COASTAL EROSION APPLICATION DATA Purposes of proposed activity. To provide private,noncommercial boat dockage associated with waterfront property. Are wetlands present within 100 feet of the proposed activity? No X Yes 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 Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Although located in the Coastal Erosion Hazard Area,the dock is proposed in a well enough protected area that more than a half dozen existing dockage facilities located within a 900 1.f.radius of the subject property along this developed shoreline have been successfully maintained for many decades,including the immediately adjacent dock to the north that was permitted by the Board of Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the dock has nonetheless been designed structurally in accordance with its location in the Coastal Erosion Hazard Area,and the ramp and float would be installed and removed seasonally. Therefore, consistent with the standards for issuance of Coastal Erosion Management Permits set forth by Chapter 111-9,the proposed dock a)is reasonable and necessary considering reasonable alternatives and the extent to which it requires a shoreline location,as the dock is the only means by which to provide safe,private,dockage for this residential waterfront property and would be consistent in nature and location with the surrounding permitted dockage facilities;b)is not likely to cause a measurable increase in erosion at the proposed or adjacent sites;and c)will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. • 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I-Project Information.The applicant or project sponsor is responsible for the completion of Part 1.Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available.If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Name of Action or Project: Strauel Dock Project Location(describe,and attach a location map): 220 Bay Lane,Orient,Town of Southold,Suffolk County;SCTM#1000-24-2-21,property is located on east side of Bay Lane,+/-170'north of Village Lane,refer to provided maps. Brief Description of Proposed Action: Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14'ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,dated January 7,2015. Name of Applicant or Sponsor: Telephone: 914-523-9289 Theodore&Nathalie Strauel E-Mail: tstrauel@gmail.com Address: 680 Croton Lake Road City/PO: State: Zip Code: Bedford Corners NY 10549 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2.If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X NYS DEC,USA COE,NYS DOS 3.a.Total acreage of the site of the proposed action? 11,702 s.f. acres b.Total acreage to be physically disturbed? N/A acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 11,702 s.f. acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0 Rural(non-agriculture) 0 Industrial 0 Commercial IN Residential(suburban) 0 Forest 0 Agriculture ®Aquatic 0 Other(specify): ❑Parkland Page 1 of 4 • • 5.Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6.Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify: Name:Peconic Bay and Environs,Reason:Protect public health,water,vegetation,& scenic beauty,Agency: Suffolk County,Date 7-12-88 X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: N/A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A 12.a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: Dock will X occupy approximately 586 s.f.of Orient Harbor. 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply. CO Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional ® Wetland 0 Urban ® Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? 0 NO 0 YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 0 NO 0 YES Page 2 of 4 • • 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES_ completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE IN I RMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: RI E.Herrmann,Coastal Mgmt. Specialist Date: January 12,2015 Signature: Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2.Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer.When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ✓ 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate / reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 • • No,or Moderate small to large impact impact may may occur 10.Will the proposed action result in an increase in the potential for erosion,flooding or drainage f problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude.Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an / environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will no sult in any significant adverse environmental im acts. 6 0 ,1r�0W lir.) Y /- --30 3 Q- i Name of LsAfi Age cy Date 7p/tK iG )eey Print or Type N- e •f Responsibl fficer i Lead A encytitle of Responsible Officer Signatur 4-sponsible icer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 • • NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD T In the matter of applicant: f �1 Theodore&Nathalie Strauel SCTM#l000- -2-21 JAN 3 0 2015 • YOU ARE HEREBY GIVEN NOTICE: " 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14'ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,dated January 7,2015. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 220 Bay Lane,Orient 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: February 18,2015 @ 5:30 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Theodore&Nathalie Strauel PROPERTY OWNERS NAME: 680 Croton Lake Road MAILING ADDRESS: Bedford Corners,NY 10549 PHONE#: 914-523-9289 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road, Southampton,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. 4 U.S. Postal Service' U.S. Postal Si vice"" CERTIFIED MAIL® RECEIPT CERTIFIED MAIL° RECEIPT rrtDomestic Mail Only O - Domestic Mail Only • For delivery information,visit our website at www.usps.comr. ruIll For delivery information,visit our website at www.usps.com . raICI r-i OFFICIAL . 0 a 0 O Postage $ .' -;\ O Postage $ -" Certified Fee ' \"f)1 Certified Fee J r I r rn -. ° Pa4irnerk Return Receipt Fee Pt ark r O Return Receipt Fee i (Endorsement Required) CI (Endorsement Required) Here CI /1 Restricted Delivery Fee --.,,, : !" , CI Restricted Delivery Fee 0 (Endorsement Required) 0 (Endorsement Required) ru ru 3 r R Total Postage r'1 Total Postage"`--- d! .'',."1,3 -- / G J Hossenlopp Revocable Trust - Sent To Sent To L L Hossenlopp Revocable Trust _ Dorothy K Poggi o &met&Apt.M 1101Spinnakers Reach Drivestreet&apt.M 15 Massachusetts Boulevard N or PO Box No. o or PO Box No. cI stare,ZIP Ponte Vedra Beach,FL 32082 .. r_ City,State,ZIP Bellerose Village,NY 11001 • MMIIIIE �a-a..=.._...,_...,.................... Pc Form 3800, U.S. Postal Servicer'.' U.S. Postal Service- CERTIFIED MAIL° RECEIPT CERTIFIED MAIL° RECEIPT ru r- Domestic Mail Only m Domestic Mail Only ru For delivery information,visit our website at www.usps.com"°. ru r1.1 For delivery information,visit our website at www.usps.com . OFFICIAL USE 0 OFFICIAL �,,`.- 4 O CI Postage $ A l tQ, CI Postage $ .,,,,,-631 .-..---N `� t. Certified Fee 1"�' D Certified Fee .,`� rn Poet tai die r rrl ' Postmafk",. Cl Return ReceiptFee co ' 0 Return Receipt Fee Here" 0 (Endorsement Reuired) \,7 r�� 0 (Endorsement Required) 0 Restricted Delivery Fee 1\ 0 (Endorsement Required) S / Restricted Delivery Fee 0 O (Endorsement Required) rua. ru 1 + r4 Total Pc------" FR Total Postage A'--- Q ru ru -gil�- o Michael P&Allison Ventura Sent To 2' Donald Claeys Bahrenberg o street&i 168 Ellison Avenue e3 s4reet&Apt No:, 300 West Bay Avenue 1, or PO B° Bronxville,NY 10708 --____. N or PO Box No. City,srae city,state,ZIP+ Orient,NY 11957 PS Form - - •ctic For rn 3800, 1 U.S. Postal Service'" U.S. Postal Service' CERTIFIED MAIL° RECEIPT CERTIFIED MAIL° RECEIPT Domestic Mail Only Domestic Mail Only rufli For delivery information,visit our website at www.usps.com°. al ru For delivery information,visit our website at www.usps.com I' a ICI L _4 �� Sil CI Postage $ 6 -----„el----,ea CI Postage $ ° % ,.� Certified Fee Certified Fee ; M co rn : rn N s� O Return Receipt Fee Postmark dere 0 Return Receipt Fee �'� Cl (Endorsement Required) 0 (Endorsement Required) -y Restricted Delivery Fee :, 0 Restricted Delivery Fee '- O S 0 (Endorsement Required) 0 (Endorsement Required) ruru R Total Poeta y ✓ "` rR Total Postage ru Sent To Walter&Alison M Millis ti Bent To Susan E.King 1800 Village Lane do William A. King .. o▪ Street&apt P.O. Box 183 iii s�eetal, 7vd r.. or POBoxN r` or PO Box No. 465K Boston Turnpike,Apt. 2 City,State,z Orient,NY 11957 Gays stare Z/PI Shrewsbury, MA 01545-3939 .. • r a:r Urrmrlrarle .�_..,...-...,.�...�.........� 3 Form 3800, _ - •OOF OF MAILING OF NOTICE • ATTACH CERTIFIED MAIL RECEIPTS Name: Address: G J Hossenlopp Revocable Trust 1101 Spinnakers Reach Drive L L Hossenlopp Revocable Trust Ponte Vedra Beach,FL 32082 Dorothy K Poggi 15 Massachusetts Bouelvard Bellerose Village,NY 11001 Michael P&Allison VenturaII 168 Ellison Avenue II Bronxville,NY 10708 JAN 302_015 Donald Claeys Bahrenberg 300 West Bay Avenue Orient,NY 11957 Walter&Alison M Millis 1800 Village Lane P.O.Box 183 Orient,NY 11957 Susan E.King do William A.King 465K Boston Turnpike,Apt.2 Shrewsbury,MA 01545-3939 STATE OF NEW YORK COUNTY OF SUFFOLK Robert E.Herrmann doing business at En-Consultants 1319 North Sea Road Southampton,NY 11968 , being duly sworn, deposes and says that on the 23rd day of January ,20 15 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were -iled to each of said persons by (certified)( mail. Sworn to before me this 26th K IM H. STEPHEN S day ofJpnuay ,2015 NOTARY PUBLIC J STATE OF NEW YORK -e COMMISSION NO . 5015931 ,1111111 QUALIFIED IN SUFFOLK COUNTY Notary P ry.lic EXPIRES AUGUST 7 . 2 0 I_% 1111 • John Bredemeyer, President 'orFot :- Town Hall Annex Michael J. Domino, Vice-PresidentcOo, ;` 54375 Route 25 James F. King P.O. Box 1179 Dave Bergen :oy Southold, NY 11971 Charles J. Sanders -'- 'or , , °'�'' Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of THEODORE & NATHALIE STRAUEL COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS I, Robert E. Herrmann , *Wet/dba En-Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the 10 day of February , 2015 , I personally posted the property known as 220 Bay lane, Orient; SLIM #1000-24-2-21 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday,February 18, 2015. Dated: j'. /. (signature) Sworn to before me this 38 day of Feb 2015 ot., Public KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20.127 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: THEODORE & NATHALIE STRAUEL SUBJECT OF PUBLIC HEARING : For a Wetland Permit and a Coastal Erosion Hazard Area Permit to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp;; and a 6'x20' float secured by )-pile 10" diameter dolphins.two �2) p TIME & DATE OF PUBLIC HEARING : AD Wednesday, February 18, 2015 — at or about 5:30P.M . 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 of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 •rd of Trustees Application* AUTHORIZATION (where the applicant is not the owner) I, 700 4. 'S%/ t, residing at 6j10 G,€o ionl 1.144tf. 4v ij (print owner of property) (mailing address) 90{v01> eves N)'/ (? ff do hereby authorize (Agent) tAJ' 40w1/5c/-i"S to apply for permit(s) from the Southold Board of Town Trustees on my behalf. L / ( ner' sit •rd of Trustees Application. AUTHORIZATION (where the applicant is not the owner) I, IVAIS-01 14<il, residing at 6 D CA-Tv") ,Cd91, (print owner of property) (mailing address) LY/'(- 0416a itiy l 017 do hereby authorize (Agent) jpv,C,tic v Lr-r9"/v-`s to apply for permit(s)from the Southold Board of Town Trustees on my behalf. (i wner's signature) Bed of Trustees Application • County of Suffolk State of New York 7,4/4 o oet E A-. 5771-1 LAC-4- 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 HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMI'J(S), IF GRANTED. IN COMPLETING THIS APPLICATION,RIEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S)OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ArePir S tire SWORN TO BEFORE ME THIS 6 DAY OF / U ,20�y 4,1 Air Nota y Public �OSEpH C.HENNESSY NotaryNo 01 HE1759815 w York Qualified in res Queens 31n 20 Commission Exp id of Trustees Application• County of Suffolk State of New York S%Y24'u 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 TRUS 11,ES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. 4114441 -- gnature It— SWORN TO BEFORE ME THIS DAY OF (T ,20 I-1 JOSEPH CSaEe ofENew York Notary Public, V.J ,. No.01 HE1759815 / Not. Public Qualified in Q es May 3 / Lc Commission Exp • • APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: �Au 6L 1. µ6-0J 6146 4- (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion ✓ Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 47' ay f /41/6-1164-- 201c9 Signature f Print Name 7f1wpo 447141/t(i Form TS 1 S • APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees,The Purpose of t i .r.. i . 'rev', ' f.i. w is . alert he .w .f..s ibl- confli of in -rel. an. all.w it t. - w . -v-r . ti.. necessary to avoid same. YOUR NAME: $ (K/9-LieL—, /4/9-77-1- 4-Ll G (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or • D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 5� day 4 +x2004 Signature Print Name �A'rilt' t4 <S7n4k4C.v Form TS I Town of Southold • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. A 11 applicants for perm its' including Town of Southold agencies, shall com plete this CCAF for proposed actions that are subject to the Town of Southold if aterfront Consistency Review Law . This assessm ent 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" 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 supporting and non- supporting 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 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# 24 - 2 _ 21 J JAN 1 4 2015 PROJECT NAME Theodore&Nathalie Strauel The Application has been submitted to (check appropriate response): L__ Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees N 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: Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14' ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants, dated January 7,2015. • • Location of action:220 Bay Avenue,Orient Site acreage: 0.27 acre Present land use: Residential,one-family dwelling 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: Theodore&Nathalie Strauel (b)Mailing address: 680 Croton Lake Road Bedford Corners,NY 10549 (c) Telephone number: Area Code 914-523-9289 (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? NYS DEC,USA COE,NYS DOS 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. n Yes n No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable • • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria ®Yes ❑ No ❑ Not Applicable The project will be consistent with Policy 3,as the proposed dock would be located along a historically developed shoreline characterized by 8 other existing dockage facilities located within a 900'radius of the subject property,most of a similar scope and/or configuration as the proposed dock,including the longer dock located at the northerly adjacent property and 4 others located within 400 feet to the north of the subject property. The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the south,which extends approximately 500 feet into Orient Harbor. Therefore,the dock would be in harmony with the visual quality of the surrounding developed shoreline. 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 See attached. 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 The project is consistent with Policy 5 to the extent that it is applicable in that the dock will be constructed with untreated decking,as required by Chapter 275 of the Town Code. 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 • • LWRP CONSISTENCY ASSESSMENT FORM Addendum for Theodore& Nathalie Strauel 220 Bay Lane Orient, NY SCTM#1000-24-2-21 NATURAL COAST POLICIES Policy 4:Although located in the Coastal Erosion Hazard Area,the dock is proposed in a well enough protected area that more than a half dozen existing dockage facilities located within a 900 l.f. radius of the subject property along this developed shoreline have been successfully maintained for many decades, including the immediately adjacent dock to the north that was permitted by the Board of Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the dock has nonetheless been designed structurally in accordance with its location in the Coastal Erosion Hazard Area,and the ramp and float would be installed and removed seasonally. Therefore,consistent with the standards for issuance of Coastal Erosion Management Permits set forth by Chapter 111-9,the proposed dock a)is reasonable and necessary considering reasonable alternatives and the extent to which it requires a shoreline location,as the dock is the only means by which to provide safe, private, dockage for this residential waterfront property and would be consistent in nature and location with the surrounding permitted dockage facilities; b)is not likely to cause a measurable increase in erosion at the proposed or adjacent sites;and c)will create no adverse effects on natural protective features and their functions and protective values or existing erosion protection structures and natural resources. Due to the presence of the numerous neinring dock structures,including the larger doleated immediately to the north and the Orient Wharf Company pier located less than 300 feet to the south,installation of the proposed dock will not cause a"fragmentation of ecological communities,"nor will construction of the dock result in the physical loss,degradation,or functional loss of ecological components,as there are no vegetated wetlands or submerged aquatic vegetation located within the vicinity of the proposed dock,and the catwalk will be elevated and of open-pile construction using untreated decking. The ramp and float will be removed seasonally;and the project will meet the statutory and regulatory requirements of Article 25 of the New York State Tidal Wetlands Act and Chapter 275 of the Town Code. 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. n Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. xi Yes n No❑ Not Applicable Due to its proposed location between the larger dock located immediately to the north and the Orient Wharf Company pier located less than 300 feet to the south,the dock will have no impacts on navigation;and two sets of steps are provided at the landward end of the dock to allow for pedestrian pass and repass along the shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold'sA suitable locations. See LWRP Section III - Policies; Pages 47 through 5 for evaluation criteria. n Yes ❑ No [X] 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® 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 ® 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. n Yes ❑ No EXI Not Applicable / PREPARED BY . _ TITLE Coastal Mgmt. Specialist DATE January 12,2015 Robert E. He ," ann Amended on 8/1/05 • =Ar EN-CONSULTANTS January 13, 2015 I' i iE Town of Southold L` JAN 1 4 2015 Board of Trustees 54375 Main Road Post Office Box 1179 Southold,New York 11971 t---- Re: Theodore&Nathalie Strauel 220 Bay Lane,Orient SCTM#1000-24-2-21 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three(3)Wetland&Coastal Erosion Permit Applications including: a) Short Environmental Assessment Form; b) Authorization&Disclosure Forms; and c) Project Plan prepared by En-Consultants,dated January 7, 2015. d) Survey prepared by Kenneth M. Woychuk Land Surveying,PLLC, last dated January 7, 2015. 2. One(1)set of site photographs. 3. Application fee of$500.00. 4. Three(3)LWRP Consistency Assessment Forms including: a) Bluff Stabilization Plan. I trust this information shall allow you to process our permit request. Should any additional information be required,please do not hesitate to contact our office. Sincerely, "44. Robert E. Herrmann Coastal Management Specialist /khs Enc. 1319 North Sea Road I Southampton,New York 11968 I p 631.283.6360 I f 631.283.6136 www.enconsultants.com __ _ - environmental consulting _ _ • =At EN-CONSULTANTS _ _. October 31, 2014 John Bredemeyer, Chairman ' Board of Trustees Town of Southold ° ` NOV - 3 P.O Box 1179 Southold,NY 11971 Re: Pre-Application Meeting for Theodore Strauel,220 Bay Avenue, Orient, 1000-24-2-21 Dear Mr. Bredemeyer: In anticipation of submitting Wetlands and Coastal Erosion Management Permit applications to construct a dock on the captioned property, we would like to meet preliminarily with the Board during your next regularly scheduled field inspections on November 12th to review the proposed dock configuration. The proposed dock location is depicted on the enclosed sketch and will be staked out for our meeting. In support of our request,please also find enclosed a copy of a recently prepared hydrographic survey; a Board of Trustees application form signed by Theodore Strauel authorizing the Trustees to enter onto the subject property; a form signed by Mr. Strauel authorizing En-Consultants to act on his behalf; and a check for$50 payable to the Trustees. Should you require any additional information, please let me know, and I thank you for your attention to our request. Respdctfully yours, /1 Robert E. Herrmann Coastal Management Specialist Enclosures 1319 North Sea Road I Southampton,New York 11968 I p 631.283.6360 I f 631.283.6136 www.enconsultants.com _ environmental consulting "Id of Trustees Application") County of Suffolk State of New York 7/14.90A.1. A-. 5•77e4 u 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 HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMII(S), IF GRANTED. IN COMPLETING THIS APPLICATION,WEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS DAY OF U(' ,20�y AL? HENESSY Commission Ex / No . Public JOSEPH C Public,State of NYork Notary No.01 HE1759815 Qualified ►n Expires May 31r,20 < i ,' 41,/, _ X, V , _ , ., x°RIE 1•• = 40• ', -- .3, APPROVED BY r! - :' 7, '` K L B,x7511111. RBoR -'• ARD OF 'TRUSTEES ' Ir , .__.._. .._2 Pil'E) OLPhI11N (10") � C\ �4��. '^ A u m. �Yfttil.QF SOUTHULD� . 1, 5. t `� ANN JAN 1 4 2015 6 x 20't FLOAT �'� " 2–PILE DOLPHIN (t` 3 5 t c tai. PILINGS (TYP.) kg*Italia'' - g ,,, ,, --:S' x ;14't RAMP A x t \ .,,, ' L........ , ; _r- •,:: ,.. , , w PROPOSED ' 4' x 97'i FIXED . TIMBER CATWALK ..i. t DOCK j % ' .�. 40 ,E gtfl ±127 gil t. \\ $41; Q 47c ` Ottn,x 41 I Nin PS q fs / I ...... - .-- /QL bV x wot3 p�� 8' o �i\\ xQ q \IN 1iii (2) 4' x6 –xo___� \ G 1 STEPS 9, 7. / a3.—:.4 f �, 1/1/11 �` 111111 ±24'x, s 111111– ., now-�► ,11 � .` Mus 1 Ctis e eAy ��� � - s �� 8 0'0+.,, � NE wnu '2 ±37 ±36�yA �,,,,,�ry — y y ,x \ �''' _,_. y i • woor own (NGC3 55 vi®INY LME ,`. . '' 0 wood PORCH aid I )OISW N 511/141k Calal HIRAM Ms, A £ 1"-.2000' 0 Notes: 4 I. Purpose:Private,noncarrnerclal boat dockage..- ocka 2. Paton:MUM--0' -0" � W 3, Water depths(referenced to MUM)trarcnI'ed fran hyckaq-aphlc siry'prepared by Keened,M.Walk :t Land 5rvey►q.PU-C,last dated Jauary 7.2015 s 0 §1Z gill 4, Doi to consist of pressure-treated structural support timbers:untreated dedth and hot-dipped galva wd steel t R hardware t K 5. Pock to be egupped with a Int water,and deetriciti 6. Parc and flout to be removed sea5044 7. ffree-pre berate to be used to support fixed catwalk 6. Plan and crossnew diaorans are schematic M nature and are ...'\ intended any to establish project lacatlon,scope,and basic 0 car�tructon deals for permlttln. purposes and a-e not intended to save as a subtitle for engineering or r construction plans fa-construction purposes 9. Project location:220 Bay Law,Orient; giv SCIM No.1000-24-2-21 s0 e., EN-CONSULTANTS . PRO1905tP POCK FOP-rHeon0t 1319 NORTH SEA ROAD ANP NA11-1AI.I5T1A1.LL ON O1 N1' SOUTHAMPTON, NY 11968 o z� $ �, g HAf�30f;, OI?I�N1', SL FOLK CO,, NY 631-283-6360 �N/f „cos t 5N��1' I OF 2 I-7-15 s' 5C-110N Th U ppOpOSen FIgn 11MIXf? POCK I" - 20' --i s----±36' { PIZOPOSEP PIXP97' 11NIMIZ POCK i tZAm, (2) 4'STEPS 2"WrREATEP PECKING6"x6"CM'S 4-x6"51�N.2125 + —20'i �IAAm— —i _2_6" EX. a VIA _ \ - - \ 5 S -i exam _ , , r— T---- 7 _,\_ MNW-2'-8" MU.W--0'-O" L':innowlir, -2'-0" 2' 'y'�" ij''6" EX.CONC./STONE%AWP1.l,�—+�g 7 EX.GRAM A- -N 1- _ - _ _ +8'( p.) 41 % q 10"x<WC r‘l3'PL E WINPILINGS 0m (2) 2-PILE POLPNIN5(10" x,0') N 15) -\\71_ (1 `� g � I o N 7 Ft- ,p _ .,.. a z "` 7N o = � v -R opu, z 4 4 c-- p — 0 z c o 2 0Oco S.C.T.M. NO. DISTRICT: 1000 SECTION: 24 BLOCK: 2 LOT(S):21 • 11- S • 1 JA N 1 4 '•?15 . j e muNGSo 1_____.. • a , I 1 ' NYS DEC COASTAL EROSION O 1 HAZARD LINE (SHEET 27) ' ., 1 AUG. 29. 1988 i -3.0 6. LAND N/F ZONE AE(EL 6) 2 -33 1 3 :ONE AE (EL 7) OF I,,?! O '�f X xX0.0 ,i a 1 BAHREN8URG 1Fxw. ien i. G \ 1 exiRB t,, I Z o° /�� ZONE VE(EL 9)aW 2.8 :ZW ,' I �^ r- 90"Z -Z5 :6 1 Binge PAVER DRIVEWAY I 26.2' N 1 ftd, -3.7 -3.5 c1 ;v) 4 54- '30"E 230.84' cal, -1 ( O.a co. Ll SIV x x x -2.5 -2.0 x :II I �y, N a [�. -3.0 X X -1.3 1 I I _. PF 8R R OXY g� w '�/ x -1.0 -0.5 0.0 TW 5.8 �' I !7 O �/ x X x 8W 1.81 i 33.8P a 6.9 w MU' EL s e BELL hex e21ws .E6 I O -3.5 x 1 6 d• �� EL 6 6 EL 6.5 1.21.... � x e4 -3.0 -2.5 / 0.8 BWl80 NI ti 6bCK mix IU a it 7 STY.Ls c ,_ i WOOD DECK / ass 1,' FE ' .+ M as1ME x 1 p 1 * F> o BIEa ' ` •/� //L`� .. /e .DD x 1 O 1 CELLAR 3.3 g� 2ND FLR. eft I1 0 -2.5 "-2.o X15 x ae 1 100• 2&2• �$ t t 1.1 STY. BALCONY cll EL s6 '" SS gl•0 -1.0 ' h 1 SETBACK EL s 7 .%A<c lam CL 6.6 o�E_m A Q.7 `� Y d�10•0 LAN N F ! 0.0)t 0.4 1.2 M 1 t.7 v I Sa ti $ DF / X X 1 EL 16.6 ,2• EL 6.8 EL s 9„ MD 6 TW 5 8 - 24.92' 9 N • 6' STOCKADE 1 Y n YON. . O " POGGI o. / BW 2.0I, I 554.44'30"W \ / 1 " . f03 0 i t I 151.92 ,� S,y, \ S3 LAND N/F 4v� i pOF *' u 4 \ I 'LANG N/F O�� 0. VENTURA 6:h OF \ ke^i 11 , 75' a LAND N/F MILUS wWk 4,11 3� I *' RQW g OF 1 O ZONED R-40 S�W d ^f KING ; NON-CONFORMING LOT I � MAX 20X LOT COVERAGE • 2,340 S.F. / Z Cy M25'T BL SETBACKS: FRONT 35' o A, THE WATER SUPPLY. 11ELLS, DRY$EYLS AND CESSPOOL iLOCA DONS SHOWN ARE FROM nailOBSERVADONS AND OR DATA OBTAINED FROM OTHERS 14S FIRM PANEL 0068H t (.�GE AREA: 11,702.06 SQ.FT. Or 0.27 ACRES ELEVATION DATUM: MLLW v1Y1'" is UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 717LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO 714E ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS j AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: THEODORE A. STRAUEL; MAP OF: NATHALIE T. STRAUEL; FILED: FIDELITY NATIONAL TITLE INSURANCE COMPANY; SITUATED AT: ORIENT TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design /'ii__ 46J P.O. Box 153 Aquebogue, New York 11931 W PHONE (831)298-1588 FAX (831) 298-1588 REVISED 01-07-15 FILEN 13-135 SCALE: 1 =30' DATE: AUG. 1, 2013 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Nojchuk