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HomeMy WebLinkAboutTR-8831 John M.Bredemeyer III,President o�*ZF S�UTyOI Town Hall Annex Michael J.Domino,Vice-President d 54375 Route 25 Glenn GoldsmithP•O.Box 1179 CA Southold,New York 11971 A.Nicholas Krupski Telephone(631) 765-1892 Charles J.SandersFax(631) 765-6641 �y00UNTY,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1285C Date: November 1, 2016 THIS CERTIFIES that the construction of a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed"L"section at offshore end, construct a 4'x5'platform with a 4'x16'ramp onto a 4'x30' lower platform, install water and electric, and install three 2-pile mooring dolphins; and with the condition that,access stairs up and over the landward side of the fixed dock be providdd to allow for riparian access along the foreshore,with an inspection to be performed by the Board of Trustees upon completion of said construction,that there be no prohibited boat lifts installed while said prohibition exists within the'Town Code; that there be no fueling or re-fueling of any vessels-on, at or from this hock except under emergency circumstances;that access under and around said dock below mean high-water for any and-all fishing, shell fishing and riparian activities shall not be abridged in perpetuity;` At 2100 Paradise Point Road, Southold Suffolk County Tax Map#1000-81-3=193 Conforms to the application for a Trustees Permit heretofore filed in this office Dated February 9, 2016 pursuant to which Trustees Wetland Permit#8831 Dated June 22,2016,was 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 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed"L"section at offshore end, construct a 4'x5'platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric, and install three 2-pile mooring dolphins, and with the condition that access stairs up and over the landward side of the fixed dock be provided to allow for riparian access along the foreshore,with an inspection to be performed by the Board of Trustees upon completion of said construction, that there be no prohibited boat lifts installed while said prohibition exists within the Town Code, that there be no fueling or re-fueling of any vessels on,at or from this dock except under emergency circumstances;that access under and around said dock below mean high water for any and all fishing, shell fishing and riparian activities shall not be abridged in perpetuity. The certificate is issued to NH SAG,LLC c/o MICHAEL SCIARRINO owner of the aforesaid property. X- Authorized Signature f �� John M.Bredemeyer III,President o ®� S� yOl Town Hall Annex Michael J.Domino,Vice-President '` O 54375 Route 25 P.O.Box 1179 Glenn GoldsmithAlic Southold,New York 11971 A.Nicholas Krupski Telephone(631) 765-1892 Charles J. Sanders `,oU Fax(631) 765-6641 ffm BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD a DATE OF INSPECTION:, 2-.4 GC Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction % constructed Project complete, compliancd'inspection. INSPECTED BY: 'A�\, COMMENTS: �y CERTIFICATE OF COMPLIANCE: John M. Bredemeyer III, President q}0�0 cow .. Town Hall Annex Michael J. Domino, Vice-President _ r ��' 54375 Route 25 Glenn Goldsmith rid `' P-O- Box 1179 A. Nicholas Krupski �� Southold, NY 11971 Charles J Sanders ' off , ��°;' Telephone (631) 765-1892 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 Y2 constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN'TRUSTEES SOUTHOLD,NEW YORK i5k. PERMIT NO.8831 DATE: JUNE 22,2016 ISSUED TO: NH SAG,LLC c/o MICHAEL SCIARRINO PROPERTY ADDRESS: 2100 PARADISE POINT ROAD, SOUTHOLD SCTM# 1000-81-3-19.7 AUTHORIZATION Pursuant to the provisions of Chapter 275 of 66 iovm' co of the' Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on June 22, 2016, and in consideration of application fee in-the.sum,of$250.00 paid-by NH Sag, LLC c/o Michael Sciarrino,and subject to the Terms and Conditions as stated in the Resolutiori,,,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct;a4lx407,raniv to a 4?k1001 fixed dock with a,4lx4O' fixed, 'U' section at offshore end;,construct a 4'x5l,platform with4:4?x16' ramp onto a 4 1x301 lower platform; install*ai&�r and,electric; and'histAlllihi6e 2-pile mooring dolphins; and with the condition that access stairs up and over the-landward side of the fixed dock be p rovided to"a"lWiv for�nip i iian" 'access s along the` orie"s'lidre,'with'an inspection to be performed by the Board of Trustees upon complki�n'i"of said construction; that there be no prohibited boat lifts installed while,said prohibition exists within the Town Code; that there be no fueling-or re-fueling of anyyessels on, at or from this dock except under emergency circumstances; that access under and around-said dockbelow mean high water,,for any,,and all fishinshell,fishing,,and *dged,in.perpetuity;:and,as depicted'on'the revised riparian activities shall not be abri Corp.; received on June 29,2016, site plan prepared by Costello MarhieContracting, and stamped a0provedron July,11',1016: IN WITNESS WHEREOF-'-the said Board of Trust&9 hereby causes its Corporate Seal to be affixed; and these presents to be subscribed by a majority of the said Board of this date- dF F TERMS AND CONDITI®NS I The Pern-iittee NH Sag, LLC c/o Michael Sciarrino, residing at 2100 Paradise Point Road, Southold,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. 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. John M.Bredemeyer III,President Of S®(/Ty® Town Hall Annex Michael J. Domino,Vice-President '`® �® 54375 Route 25 8 P.O.Box 11 Glenn Goldsmith Southold,New York 11971 COO A.Nicholas Krupski G ® �� Telephone(631) 765-1892 Charles J.Sanders �C® Fax(631) 765-6641 � Uf�TTV,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 22, 2016 Jane P. Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: NH SAG, LLC c/o MICHAEL SCIARRINO 2100 PARADISE POINT ROAD, SOUTHOLD SCTM# 1000-81-3-19.7 Dear Ms. Costello: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 22, 2016 regarding the above matter: WHEREAS, Costello Marine Contracting Corp., on behalf of NH SAG, LLC c/o MICHAEL SCIARRINO 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 February 9, 2016, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 6.1, 9.1, 9.3, 9.4(E), of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: Access stairs up and over the landward side of the fixed dock to be provided to allow for riparian access along the foreshore with an inspection to be performed by the Board of Trustees upon completion of said construction; that there be no prohibited boat lifts installed while said prohibition exists within the Town Code; that there be no fueling or re-fueling of any vessels on, at or from this dock except under emergency circumstances; that access under and around said dock below mean high water for any and all fishing, shellfishing, and riparian activities shall not be abridged in perpetuity; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 20, 2016, May 18, 2016 and June 22, 2016, at which time all interested persons were given an opportunity to be heard, and, 2 ti 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, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of NH SAG, LLC c/o MICHAEL SCIARRINO to construct a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40'fixed "L"section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins; and with the condition that access stairs up and over the landward side of the fixed dock be provided to allow for riparian access along the foreshore, with an inspection to be performed by the Board of Trustees upon completion of said construction; that there be no prohibited boat lifts installed while said prohibition exists within the Town Code; that there be no fueling or re-fueling of any vessels on, at or from this dock except under emergency circumstances; that access under and around said dock below mean high water for any and all fishing, shell fishing, and riparian activities shall not be abridged in perpetuity; and as depicted on the revised site plan prepared by Costello Marine Contracting Corp., received on June 29, 2016, and stamped approved on July 11, 2016. 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: None Very truly yours, John M. Bredemeyer III President, Board of Trustees JMB/dd a � Cantrell, Elizabeth From: Sakarellos, Elizabeth Sent: Wednesday, May 11, 2016 8:22 AM To: Cantrell, Elizabeth Subject: FW:Application for dock at 2100 Paradise Point Road -----Original Message----- From: Bob Horvath [mailto:bob.g.horvath@gmail.com] Sent:Tuesday, May 10,2016 6:58 PM To: Fuentes, Kim Cc:Sakarellos, Elizabeth Subject:Application for dock at 2100 Paradise Point Road Hello Kim, My name is Bob Horvath and I live at 4550 Paradise Point Road. I have seen the notice of hearing for a proposed dock at 2100 Paradise Point Road which would extend into the Peconic Bay. I am opposed to the addition of any new docks on the open bay.There are many creeks and marinas which have dock facilities which can be used.The Peconic Bay is such a beautiful natural body of water and the addition of docks changes, in an adverse way,the complexion of the entire shoreline. I respectfully ask that we maintain the beauty of the shoreline and deny any new applications for docks on the Peconic Bay. Sincerely, Robert Horvath i May 3,2016 � I G' � G i, IDD Southold Town M AY 10 2016 Board of Trustees P.O.Box 1179 Southold,NY 11971 Southold Town TrusteesBoard of Re: Wetland Permit/Fixed Dock Application 2100 Paradise Point Road, Southold,NY 11971 To Whom It May Concern, My wife and I fell in love with Southold years ago. We are both avid boaters and stewards of Southold's bays. My concern and commitment to the welfare of the community is exemplified by my three years as president of Paradise Point Association during which time I have harmoniously worked with the Town and its' Board of Trustees. Before building our home on the bay on Paradise Point we searched many areas and even rented a house on Jockey Creek with a dock to experience the difference between living on a creek vs. the bay. Our conclusion was that the natural beauty of our bays are unmatched. During our home search an opportunity arose on the bay near Cedar Point. However with the two existing docks, which would be in our- view, clearly; exuded an industrial feel to an otherwise pristine environment,causing us to pass on that option and continue our search. When boating through the various bays of Southold it is thankfully a rare sight to see a non-indigenous dock structure. While there are certain necessities in life that require the tradeoff of natural beauty,the need to depreciate the cherished beauty of our bays, that are viewed and experienced by many, for ones' selfish wants is unconscionable. While the moratorium on building of new docks has been lifted, there is a distinct difference between a new dock being built on a creek as compared to one being built on a pristine open bay's "virgin shoreline". When looking down basically every navigable creek in Southold numerous docks typically line both sides,however Nvhen scanning Southold's open bays' shorelines, docks are rare anomalies. In a town whose government has been applauded for its strict enforcement of its numerous levels of requirements regarding all aspects of building and land usage,allowing a dock to blemish our open waters is unconscionable. Unfortunately, a prior personal commitment will not allow me to verbally express my thoughts at the upcoming May 18,2016 hearing however I confidently feel this letter has conveyed my disapproval. I thank y o your attention on this matter. Zouasmpa t li COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING • JETTIES • BULKHEADING • STEEL&WOOD PILING • FLOATS 423 FIFTH STREET • P.O. BOX 2124 • GREENPORT, NEW YORK 11944 (631)477-1199/477-1393/477-0682 • FAX''(631)477-0005 May 5, 2016 Southold Town Trustees Q 0ElE 1 ''E f PO Box 1179 _ Southold,NY 11971 ! MAY — 5 2016 RE: NH Sag,LLC cutho!d Town 2100 Paradise Point Road,Southold Board of Trustea SCTM#1000-81-3-19.7 Dear Trustees: �r For your records,enclosed you will find the following permits authorizing the construction of,a 4'x40' ramp leading to a 4'x100' fixed dock having water and electric and a 4'x40' "L" section at the offshore end; Construction of a 4'x5' platform off of the main dock and a 4'x16' ramp down to a 4'x30' lower platform; The installation of three 2-pile mooring dolphins. These !: permits all correspond to the application submitted to the Board of Trustees for approval. • NYSDEC Permit#1-4738-00217/00005 dated 1/22/16 expires 1/21/21. • Army Corps of Engineers Permit#NAN-2015-01289-ETA dated 4/22/16 expires 4/22/19 • Department of State (F-2015-0753)Letter of General Concurrence dated 2/1/16 Also enclosed is a letter of support from the adjacent property owners, James and Barbara Miller. If there are any questions or concerns regarding this submittal,please do not hesitate to contact me. j! l Sincerely, Jane P. Costello is Permit Manager enclosures 1 ~1 Department of the Army February 23, 2016 New York District, Corps of Engineers Jacob K.Javits Federal Building 26 Federal Plaza New York, NY 10278-0090 I Subject: Permit Application#: NAN-2015-01289-ETA MAY - 5 2016 ii Applicant: NG SAG LLC c/o Michael Sciarrino South id Town 200 East Canton Avenue#102 Trus 3 Winter Park, FL 32739 To whom it may concern: James and Barbara Miller are land owners to the southwest of the Sciarrino property. As we presently enjoy a dock of similar construction,we have no objection the current application for their plans with permit application number NAN-2015-01289-ETA. Regards, James and Barbara Miller cc: Michael Sciarrino cc:Costello Marine Contracting Corp. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY`a Stony Brook,50 Circle Road,Stony Brook,NY 11790 P.(631)444-03651 F:(631)444-0360 vnvw.dec.ny gov January 22, 2016 NH Sag LLC C/O Mr. Michael J. Sciarrino a 200 E Canton Ave STE 102 fD r E V Winter Park FL 32789-3837 iDID i Re: Permit ID 1-4738-00217/00005 I MAY - 5 2016 NH Sag LLC j 2100 Paradise Point Road Southold login Southold BoaW ofTr SCTM # 1000-81-3-19.7 Expiration Date: 1/21/2021 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act(Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621), we are enclosing your permit. Please carefully read all permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a'permit sign which is to be conspicuously posted at the project, site and protected from the weather, and a Notice of Commencement / Completion of Construction. Please note, the permit sign and Notice of Commencement / Completion of Construction form are sent to either the permittee or the facility application contact, not both. Sincerely, Matthew R. Penski Environmental Analyst 1. cc: Costello Marine Contracting Corp. Habitat-TW File GNIYORK Department of PAFORNhITY Environmental Conservation Ask \ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00217 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: NH SAG LLC NH SAG LLC C/O MICHAEL J SCIARRINO 2100 PARADISE POINT RDISCTM 1000-81-3- 19.7 200 E CANTON AVE STE 102 SOUTHOLD,NY 11971 WINTER PARK, FL 32789-3837 (407) 775-0725 r? V E I DID Facility Application Contact: COSTELLO MARINE CONTRACTING CORP MAY - 5 2016 PO BOX 2124 " GREENPORT NY 11944-0976 (631) 477-1199 oardo f T Torn Board f Tr e Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 719.341 NYTM-N: 4546.721 Latitude: 41'02'31.9" Longitude: 72°23'25.5" Project Location: 2100 Paradise Point Road, Southold, SCTM# 1000-81-3-19.7, Southold Bay Authorized Activity: Construct a dock consisting of a 4' x 40' ramp up to a 4' x 100' fixed dock having water and electric and a 4' x 40' "L" section at the off shore end. Construct a 4' x 5' platform off of the main dock and a 4' x 16' ramp down to a 4' x 30' lower platform. Install three (3) 2-pile mooring dolphins. All work shall be performed in accordance with the plans prepared by Costello Marine, Contracting Corp. on Sept. 4, 2015, and stamped "NYSDEC APPROVED" on 1/22/16. Permit Authorizations Tidal Wetlands-Under Article 25 Permit ID 1-4738-00217/00005 New Permit Effective Date: 1/22/2016 Expiration Date: 1/21/2021 Water Quality Certification-Under Section 401 - Clean Water Act Permit ID 1-473 8-00217/00006 New Permit Effective Date: 1/22/2016 Expiration Date: 1/21/2021 Page 1 of 7 Aft NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00217 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:JOHN ELAND, Deputy Re ' nal Permit Administra or Address: NYS EC egion 1 Headquart s SUN @ S ony Brook150 C' cle Ston Broo ,NY 790 09 Authorized Signature: Date / �C(� / �C 01 Distribution List COSTELLO MARINE CONTRACTING CORP Habitat-TW Environmental Permits Permit Components NATURAL RESOURCE PERMIT CONDITIONS DEE ( E WATER QUALITY CERTIFICATION SPECIFIC CONDITIONI M AY ® 5 2016 GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS Southold Torun NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS of Trustees NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION I. 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 Costello Marine Contracting Corp. on Sept. 4,2015, and stamped "NYSDEC APPROVED" on 1/22/16. 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. Page 2 of 7 A& Imhoff .NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00217 3. 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. 4. 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. 5. 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. 6. 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). 7. Pilings at Property Lines Pilings shall not: G1 ! ( 4 � &Ia a. extend laterally beyond property lines, Pj I MAY _ 5 2016 DiD i b. interfere with navigation, or Sollihold Twit c. interfere with other landowners riparian rights. a of Tru ees 8. 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). 9. No Floats This permit does not authorize the installation of floats. 10. Wood Preservatives a. Pressure treated wood used for construction of in-water structures must have undergone a treatment process approved(stamped or otherwise marked as certified) by the American Wood Preservative Association. b. Wood treated with Pentachlorophenol (PCP) must not be used in wetlands or surface waters. c. The use of creosote treated wood is prohibited both in the water and upland areas. d. Chromated Copper Arsenate (CCA) pressure treated wood must be clean and free of CCA surface deposits. Wood with surface deposits must be washed for at least 5 minutes under running water prior to use. The washing must occur greater than 100 feet landward of any regulated wetland and/or water body. (Note "E." below for handling wash water.) e. Any wood debris such as sawdust or wash water must not enter any water body, including wetlands or protected buffer areas. Page 3 of 7 Aft NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION s Facility DEC ID 1-4738-00217 11. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water-borne forces created by said propeller or propulsion system,to excavate or displace existing bottom sediment and benthic habitat for the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by this permit. Prop dredging is strictly prohibited without further written authorization(permit, modification or amendment) from the department. 12. 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. 13. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation(grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 14. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from. construction of this project shall be completely removed from the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas.- I& State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if,upon the expiration or revocation of this permit, the structure, fill;excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 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. p E VE !DD M AY — 5 2016 a 0�,�,:,�• i :�ai�^s Page 4of7 SKEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION s Facility DEC ID 1-4738-00217 17. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of'any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants;epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 18. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217)provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: I. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. , ��'-, M AY _ 5 2016 Southold Town Board of 1r�s#ees Page 5 of 7 --NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00217 3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit..Such application must include any forms or supplemental information the Department requires., Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: L'D � --- `-�i Regional Permit Administrator �I NYSDEC Region 1 Headquarters E SUNY @ Stony BrookJ50 Circle Rd 2016 Stony Brook,NY11790 -3409oy, 4. Submission of Renewal Application The permittee must submit a renewal appstee days before permit expiration for the following permit authorizations: Tidal Wetlands, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the'commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or Page 6 of 7 MON ,NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 144W Facility DEC ID 1-4738-00217 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. M AY - 5 2016 Swihdd Tovir BoaBoad of Trustees Page 7 of 7 "E OF COMMENCEMENT OF CONSTRUO 'RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297' Bureau of Habitat-TW 50 Circle Road IMP Stoney Brook, NY11790-3409� PERMIT NUMBER:/-L/73 b - ®0R 0�1 00 ,y _ EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions.We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.Thewill be available at the site for inspection in accordance with General Condition No. 1. (Both sighat s a tt ire , ii `� 'LZ PERMITEE: DATEMAY `) H o CONTRACTOR: DATE So;;ii�u�a Tovrn Boar.,',of,Trustees THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANYASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANOTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW 50 Circle Road c�Stonyy'Brook, NY 1179 -3409 PERMIT NUMBER: /'� /�3_ 00317700005-.EXPIRATION DATE: NNW PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE: DATE e _ CONTRACTOR:' DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95.20-1 (818 -9d New York State Department of. Environmental _ Conservation T I E. . Now Now.- -. The Department of Environmental Conservation (DEC) has .issued permit(s). - pursuant to-. the- Environmental Conservation Law for work being_ conducted at this 'sit*e. For further information, regarding the nature and , extent of ' work approved , and any Departmental cond'ition' s 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 ROGI A ==ARS V F Ogg Expiration Date j,� MAY - 5, 2016 NOTE: This notice is NOT a permit soutkdTown i 1 a� tr- - 40� mot �- B�RaJ�CT • • - liar►�/�trc�sy •� NYSDEC _ APPROVED AS PER TERMS AND CONDITIONS PERM IT e DA rE MAY - 5 2016 Southcid Town a f'r— _ F�XE•r� �ocrz w�� ..a 4',z4o'L SGcTror,/ - - �JT at�TF.3'r;TOl2C E;.*d�o. G Ord STr��T d 4'a�!7' • ,�LaTr"'ar�•�✓J i"�T✓'�I l..1 4'�lCs' �.�vlro.T.lahY.h✓ ,f�r@�Vrt7'� 1�./.dT'�rZ moi✓ �LZ'c~�r,.grC.dLS�V>CS5 ,���xrtST�c7"irxz�. - J,�✓�Tt1LL Trr!„p��'• Z ,��a��ovr�✓,�.)E, .�ol�vZ,lr,�5, rVJAT�v�l�l L 5 : �r�✓.v�5 r'O"GG.d �e'i�C!GT®V�, ��-X Com 7�lJJ4J�LG'flCGi?T A CC,:SS% Y. 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Tom $o ,4114 41 14 Tom@ 1.. -1.2 P�OPoScr.� `O•��- � � or NYSDECYFL '23 eg 0 2. '�1' PPROVED AS PER _ x / S AND CONDITIONS 0 PER IT NOI- DA _s '26- j�RQP.�SErJ -78 a Z /'4t7F�R/M r it/lDoRIN O �';�p '?9 -32' 1 �Fsopasca 3 2s-a1A 3 � �rsoo,a.nry - at 3.�. 3 J fit, `3 9 '3 4- o P,2oloos�o _3 -J.-7 37 8 3 3a c.� �� �. ^ ` ID , 11 ` ? MF,- D AY - 5 2016 3.0/^vA-ICA rESW.AIZW rfl.Adel ,aCpTiv /NFccT WAN - -Aorcw=41.o AS M&ASUR-60 Southold Town _ Ji�JrGr�Is4fsL 3cia,�tul� Y�/NTERT-i+�K,FL• 3274,9 ?„COO PiO.Q.D.O/`JE/�O/N1'RO/!O �ht AW: �.Q.B�ic Z�cU�s�r�olsr,-.icr.n a�•s� S�'4,20/3 S TJR b/oO�EO �j(/OG�3�QCdYi� 7d.@vtlooSd.� ,aaa✓c yROPoS�a j4Q0',RAA4J-'P 4jf l�o� 7�rao�o5oq ,4 Y, I ✓I 11.0 7�i�npolNsl7 F'YK8.OS>elQl�. R�MI�, o4drfelJz�.wo� MMW•i?:S' ' Beata��' ' •, 1 , 71dN1 i MLyc/ Y"^4A, 1 1 ¢'x40' "L'• -�Qc.G-aaocj•/oma/ D m C oz OMD 00 40 SCDvr. C ral":o 0MZ ons i pm m o� ZMO -AIJ 7- MlGh�l��rL SC/A�Z,�/�O Q Zoo��tr CL.A►roN.aVB. �lOO � I.wcoram Pla-rC.,.at. ,-:3,21.s q O 0/00 ,�Aa,o���s-,✓ao h,T• ost.� - 1-1 --- AW: ' S®e..a'f�o4C.a�✓1r y. 1797/ "-wVWA&OMWOiwA! Nw►Ei ! r- 1 4 4 ,rd 40.G. 7)PP7GAL ¢nit$' itf1-,AS �oaK adwL-f IFL, Va ?YA7c.�a TylofClsL-• GGst �1�4J�Ld7jb�� 7•y,�wc.4L -cce. 1 5 CD�FS fN6lAGi " MAY - 5 2016 Southold Town AAL/rel BOG x+L-DOC-K Vzff7�71-- L 4C>W e NYSDEC APPROVED AS PERT RMS AND CONDITIONS OF' P RMIT NO !-q739-®017 Of p,9,5D WE 4�nc..ic�hlT - 20o gds?cc��bv�tvs '�,roa MEM-1a �'JR6v�-dgw-4w r mW- .=6•, 3�7 b 9r�o Atw+tffi+t•G"w%T%qt/Cr1#4* �is�. Saa�o.�✓>a+'• /�`�77 �.0.$�si •�-�Ii¢�I��MI�/O�tsj�IvY+i1t��• . SC�Ti1/!�lrseo�8�•+3-�9'� e4 sH 477-bf" .4-,00/6 _ DEPARTMENT OF THE ARMY °I NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.JAVITS FEDERAL BUILDING 26 FEDERAL PLAZA NEW YORK,NEW YORK 10278-0090 Regulatory Branch ASR 2 z 2016 Subject: Department of Army Permit Number NAN-2015-01289 Issued to NG SAG, LLC D u x-�U NG SAG, LLCc/o Michael Sciarrino DO 200 East Canton Avenue # 102 i MAY - 5 2016 Winter Park, FL 32739 Seuria;d iow'ii Dear Mr. Sciarrino: B ar of Trus e We have completed our review of Application Number NAN-2016-01289-ETA. Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), you are hereby authorized by the Secretary of the Army: ACTIVITY: Construct a 4-foot-wide by 40-foot-long walk-ramp; a 4-foot-wide by 100-foot-long fixed pier with a 4-foot-wide by 40-foot-long fixed L-section; a 4-foot-wide by 5-foot-long platform; a 4-foot-wide by 16-foot-long walk-ramp; a 4-foot-wide by 30-foot-long lower platform; and install three 2 pile mooring dolphins. All work shall be done in accordance with the attached plans, subject to Special Condition 1, which are hereby made part of this permit. WATERWAY: Southold Bay , LOCATION: Southold, Suffolk County, New York The activity authorized herein must be completed within three years of the date of this permit. This authorization is subject to the enclosed conditions. Please find enclosed two forms to be used to submit to this office, as required, the dates of commencement and completion for the authorized activity. This authorization is conditional on the applicant's receipt of the required coastal zone management concurrence or waiver from New York State department of State (NYSDOS). No work may be accomplished until the required approval from NYSDOS has been obtained. Please note that this verification is based on a preliminary jurisdictional determination (JD). A preliminary JD is not appealable. If you wish, prior to commencement of the authorized work you may request an approved JD, which may be appealed, by contacting the New York District, U.S. Army Corps of Engineers for further instruction. To assist you in this decision and address any questions you may have on Permit NAN-2015-01289 Issued to NG SAG, LLC APR 2 2 2016 the differences between preliminary and approved jurisdictional determinations, please review U.S. Army Corps of Engineers Regulatory Guidance Letter No. 08-02, which can be found at: http://www.usace.army.mil/CECW/Documents/cecwo/reg/r/rgls/rg108-02.pdf This letter contains an initial proffered permit for your activity. If you object to this permit decision because of certain terms and conditions therein, you may request that the permit be modified accordingly under Corps regulations at 33 CFR 331. Enclosed you will find a combined Notification of Appeal Process (NAP) and Request for Appeal (RFA) form. If you object to this permit decision you must submit a completed RFA form to the New York District Office at: Stephan A. Ryba �� Chief, Regulatory Branch F7'016 New York District Corps of Engineers 26 Federal Plaza, Room 1937 New York, New York 10278-0090 -Southold-Town fT e In order for an RFA to-be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by JUN 2 1 2016 . It is not necessary to submit an RFA form to the District Office if you do not object to the permit decision in this letter. The authorized activity must be performed in accordance with the enclosed plans. If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted to the District Engineer. These plans must receive the approval required by law before work begins. Notice is hereby given that.the permittee should recognize that a possibility exists that the structures permitted herein may be subject to wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structures permitted herein and the safety of boats moored thereto from damage by wavewash and the permittee shall not hold the United States liable for any such damage. In order for us to better serve you, please complete our Customer Service Survey located at: http:/www.nan.usace.army.mil/missions/regulato!3 customsurvey.aspx Copies of this correspondence are being provided to NYSDEC Region 1 and Costello•Marine Contracting Corp., PO Box 2124, Greenport, NY 11944. i , fl Permit NAN-2015-01289 Issued to NG SAG, LLC APR 2 Z 2016 If any questions should arise concerning this matter, please contact Frank Tangorra, of my staff, at 917-790-8521. Sincerely, For and In behalf of David A. Caldwell Colonel, US Army Commander Enclosures `~ E. V EIk °r t M AY - 5 2016 Sn[Ndd Tenn Boa d of Tru tees „- ,r.p ..a- \<F” G: -_ 5.3• - '"?' --ta,_:,_„ - av,>2__ vrl __ _,�•u_ _ _ •V 4` ' CE NDt- SAN .PRO S$ 1fN15TRATIVE':i4PPEAL��OPT ON A - -- - - �NOTII=ICATION;OFr_=ADM1 _ _ •p .`,,.t.= .'.t`- _a{-• "{. 5.'.t,. _ ,\:;_,-_ ,.J'� - >:N'nr - �f.%,_ _ �1F0�2.A - - - }REr.YUEST _ s� Applicant: NG SAG LLC File Number: NAN-2015-01289 Date: APR 2 2" 2016 Attached is: See Section Below X INITIAL PROFFERED PERMIT(Standard Permit or Letter of Permission) A PROFFERED PERMIT(Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E •_>,,, =.',•: - ;:w;r..x;���-_ `_.-,,,`o `'r� Tse:_-- -- _ �,,._:,�-=_ c_r<• = - fr .'r - _ _ _ _ i t's=and`o"tio_ns;re"artlin".an'2diiiinistrative'a'`"eal'of:.#heabove__dec'is_ion_'=v: ;Addd iti nal iriformation`ma~be46U d;af.htt /Lwww.usace.artij`:mil/CEGV1/%P.6",Fes%fie e�mit:as`x`or Cor s ie u t ,s o _ - .,Y, ,P u'y,: _.x.. .,:. 9, 9=p ,;.. _•P,,. - - _<Pt,.. 9,, -,',.•-;,�- - A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. -ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its' entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations(JD)associated with the permit. -OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section 11 of this form and return the form to the New York District Engineer. Your objections must be received by the New York District Engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the New York District Engineer will evaluate your objections and may: (a) modify the permit to address a IQLyour__coacems- (h) odi the permit to address some of your objections, or(c)not modify the permit having detE e'permitshbuld;be�` issued as previously written. After evaluating your objections,the New York Distri Inerwrihserid it 11 p`rofFeje permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT:You may accept or appeal the permit. MAY - 5 2016 • r Permit, ou ma sign the permit document an return it ta'thNew Y-.9 riFDistri`t ACCEPT: If you received a Standard y y g p Engineer for final authorization. If you received a Letter of Permission(LOP),you ma accept the,LOP and your work i authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit"in i s entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. -APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer,ATTN: CENAD-PD-PSD-O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer,ATTN: CENAD-PD-PSD- O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. -ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. -APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the North,; tic Division Engineer within 60 days of the c __- if this notice with a copy furnished to the New York District Engineer. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. - TIAL`PROFFERED PEr`IVIIT' = UEST:FOR-APPE�IL:or`OBJECTIONS;T0',A IN1 SECTION_11 s,.REQ < REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ° V Z 'rf M AY - 5 2016 Soutiloi To�m Board of Trustees ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. T - - ,ORMA - 'U �3TIONS AR�INF - ;F`�CONTACT'FOR'Q E - " If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may contact: process you may also contact: Stephan A. Ryba James W. Haggerty, Regulatory Program Manager Chief, Regulatory Branch North Atlantic Division, U.S.Army Engineer Division U.S.Army Corps of Engineers, New York District Fort Hamilton Military Community Jacob K.Javits Federal Building General Lee Avenue, Building 301 New York, NY 10278-0090 Brooklyn, NY 11252-6700 (917)790-8418 (347)370-4650 E-mail: James.W.Haggerty@usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date- Telephone number: Signature of appellant or agent. 2 DEPARTMENT OF THE ARMY g�,, NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.J"ITS FEDERAL BUILDING 1 ' 26 FEDERAL PLAZA NEW YORK,NEW YORK 10278-0090 CENAN-OP-R IMPORTANT This letter must be completed and mailed to the Regulatory Branch at the above address prior to commencement of any work authorized under the permit. Permittee: NG SAG, LLC Permit No. NAN-2015-01289 n LJ, - tf �il 44:� Date Permit lssuedAPR 2 2 2016 Expiration Date: APR Z 2019 =f ( _}, Waterway: Southold Bay ; MAY - - 5 2016 City&State: Southold, New York Souu'-ia?��oy�,n Work will commence on or about: B ar of taus ee Name, Address&Telephone Number of Contractor: Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to(212)264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building 26 Federal Plaza, Room 1937 ATTN: CENAN-OP-R New York, New York 10278-0090 DEPARTMENT OF THE ARMY y NEW YORK DISTRICT,CORPS OF ENGINEERS JACOB K.JAVITS FEDERAL BUILDING 1 26 FEDERAL PLAZA NEW YORK,NEW YORK 10278-0090 CENAN-OP-R IMPORTANT This letter must be completed and mailed to the Regulatory Branch at the above address following completion or cancellation of work authorized under the permit. Permittee: NG SAG, LL Permit No. NAN-2015-01289 Date Permit Issued: SPR 2 2 2016 Expiration Date: 19 Waterway: Southold,Bay 17, City&State: Southold, New York Check and complete applicable item(s) listed below: SAY _ 5 Work was completed on 2016 Work will not be performed on the project. i Deviation from work authorized in permit is explained below. SoafircJd ic,vn Other(explain) Boar of Trastee For dredging projects, list the volume of material dredged, and the amount placed at each disposal location (if more than one). cubic yards placed at cubic yards placed at cubic yards placed at Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to(212)264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building 26 Federal Plaza, Room 1937 ATTN: CENAN-OP-R New York, New York 10278-0090 a t 0E ,n PERMITTEE: NG SAC, LLC MAY - 5 2016 APR 2 2 2016 PERMIT NO.: NAN-2015-01289 I ' $OtlIEld TCWiI PERMIT CONDITIONS: 3-oard of Trustees NOTE: The term "you" and its derivatives, as used in this permit means the permittee,or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or appropriate official of that office acting under the authority of the commanding officer. GENERAL CONDITIONS: 1. The'time limit for completing the work authorized ends within three years of the date of this permit. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least four months before the date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party upon written notification to this office. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately no this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4.You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. SPECIAL CONDITION: 1. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work i herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative,,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim 4 MAY - 5 2016 �` � An�9 PERMITTEE: NG SAG, LLC Z�y!� PERMIT NO. : NAN-2015-01259 South�a,6;{;;t r;— APR'---� B a of Trustee;; shall be made against the United States on account of any such removal l�or alteration. Further Information: 1. Limits of authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 2. Limits to Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or.to other permitted or unperr6itted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. 5 PERMITTEE: NG SAG, LLC APR 2 2 2016 PERMIT NO. : NAN-2015-01289 b. The information-provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 5. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. 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A4 W hl(NW 4, 40 SCOT /.•� /a�lO APR 2 2 2016 /WI�VT C+C ld.,pl.102 .SfiopT:4;2�a✓$ ✓Ati/.2�a,2d t& F 4- GGA �lS� �,�ffidt/� '�7ehGdd mN�•-�:� WrA 7yArCmOL� GGES �a�l7���, '�r� 7',Y/WC.4,4 _GGA , YA;P-7ia :—Tt-1 12 a MAY - 5 2016 F o n Soili,5uid 7ai-n APR 2 2 2016 Ml+ma eases '� Co ®p STATE OF NEW YORK, DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M.CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 CESAR A. PERALES WWW.DOS.NY.GOV SECRETARY OF STATE February 0 1. 2016 I- Ms. Jane P. Costello for NH Sag, LLC, C/O Costello Marine Contracting Corp. PO Box 2124 MAY 5 2016 Greenport,NY 11944 SO t,fiLi� Wn _Re: F-2015=0753_,'_: U.S. Army Corps of Engineers/NY District Permit Application—NH Sag LLC NYS DEC Region I Application Construct New dock 2 100 Paradise Point Rd., Town of Southold, Suffolk County, General Concurrence-Proposal Modified To Be Consistent Dear Ms.'Costello: The Department of State received your modified proposal for the above referenced project on January 28,2016. The modified proposal involves constructing a dock with the dimensions below and committing that the public will not be physically prevented or otherwise discouraged from walking around the dock across the upland property. * 4' by 40' ramp up 0 4' by 100' fixed dock 0 41 by 40' "L" at the offshore terminus e '41 by 5`j5latfdfThwith a 4by 16' ramp to A 4' by 30' lower platform s Three 2-pile mooring dolphins The Department of State has determined that this proposed activity,which has been modified to be consistent' with the New York Coastal Management Program, meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and Department's concurrence with an individual consistency certification, are not required. This is without prejudice to and does not obviate the need to obtain all other applicable license,permits, other' forms of authorizations or approvals that may be required pursuant to existing New York State statutes. Specifically, it appears that you may require authorization from the New York State Department of Environmental Conservation (DEC). Please contact the DEC region I office to determine if their authorization is required. rNNEWYORK I Department 5 STATE OF K, OPF'ORTUI`rr`, of State When communicating with us regarding this matter,please contact us at(518)474-6000 and refer to our file# F-2015-0753. Sincerely, Jeffrey Zappieri Supervisor,,Consistency Review Unit Office of Planning and Development JZ/mm cc: COE/NY District—Steve Ryba DEC/Region 1 —George Hammarth 3 M AY - 5 2016 oar f Tr e John M Bredemeyer III, President �~ r �50FFOlK ! Town Hall Annex Michael J Domino, Vice-President - vti��� oG�* 54375 Route 25 Glenn Goldsmith y P.O. Box 1179 A. Nicholas Krupski' Southold�p ��� , NY 11971 Charles J Sanders �y�ja� o�,? Telephone (631) 765-1,892 �. Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date%Time: Completed in field by: Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit to construct a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed "L" section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road, Southold. SCTM# 1000-81-3-19.7 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet ` 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF,BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet. ' 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested mod ifications/conditions%need for outside review/consultant/application completeness/comments/standards: Present were: J. Bredemeyer M. Domino 'G. Goldsmith N. Krupski C. Sanders Other Page 1 of 2 John M Blredemeyer III,-President i �oS�FFOtk�o ? Town Hall Annex Michael J. Domino, Vice-President so Gia , 54375 Route 25. Glenn Goldsmith o P.O. Box 1179 & Nicholas Krupski o 'Southold, NY 11971, Charles J. Sanders Telephone (631) 765-1892 1 � Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: . Completed in Work Session by: Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit to construct,a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed "L" section at offshore end; construct a 4'x5', platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road, Southold,. SCTM# 1000-81-3-1'9.7 Ch. 275-12 - STANDARDS FOR ISSUANCE_ OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111--9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to-,which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in'-erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. :525% Expansion/Calculation . Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino & G'oldsmith N. Krupski C. Sanders E. Cantrell D. Di SalvOther Page 2 of 2 John Petrocelli 250 Manor Road Huntington, NX 11743 -- p CEI March 21,2016 APR 2 0 2016 Town of Southold Board Of TrusteSou�hold Town es Boa of Trustees P.O.Box 1179 Southold,NY 11971 - RE: NH Sag LLC c/o Michael Sdardao,2100 Paradise Point Road,Southold Dear Trustees: low n 2240 Paradise Point Road,Southold which is the adjacent property to Mr.Sciarrino.I have no objection to the work proposed by him for his waterfront property. Sincerely, sk John Petrocelli i cc: Costello Marine Conhuting Corp. a C E V E DID fames and Barbara Miller 538 Edwards Avenue MAR 2 2 2016 Calverton, NY 11933 southoid Tonin rd fT Southold Board of Trustees March 17, 2016 54375 Main Road PO Box 1179 Southold, NY 11971 Re: NH SAG, LLC c/o Michael Sciarrino SCTM#1000-81-3-19.7 at 2100 Paradise Point Road Southold. To Whom It May Concern, We are adjacent property owners and have no objection to the work proposed by Michael Sciarrino on his water front property. Regards, - James Miller I.". cc:John Costello John M. Bredemeyer III, President' ��c,�FFOtq o Town Hall Annex Michael J. Domino, Vice-President ,moo rya , 54375 Route 25 Glenn Goldsmith o ` P.O. Box 1179 A. Nicholas Krupski o Southold, NY 11971 Charles J. Sanders y,�j�l Sao Telephone (631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: v "� 1/ 1 L0)Completed infield by:' � Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit to construct a 4' 40' ramp to a 4'x100' fixed dock with a 4'x40' fixed "L" section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road, Southold. SCTM# 1000-81-3-19.7 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet — 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111, SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Present were: J. redemeyer BVI. Domino . Goldsmith N. Krupski C. Sanders Other Page 1 of 2 John M. Bredemeyer III, President Of E040 Town Hall Annex Michael J. Domino, Vice-President 54375 Route 25 Glenn Goldsmith o ` P.O. Box 1179 A Nicholas Krupski o ,p Southold, NY 11971 Charles J. Sanders 'y,�j o�p Telephone (631) 765-1892 �l �a Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit to construct a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed "L" section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road, Southold. SCTM# 1000-81-3-19.7 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I.-Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or-minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. 55251% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 I John M. Bredemeyer III, President SOFF014,' Town Hall Annex Michael J. Domino, Vice-President ,�� Gy t 54375 Route 25 Glenn Goldsmith o P.O. Box 1179, A. Nicholas Krupski o Southold, NY 119.71 Charles J. Sanders Telephone (631) 765-1892 Or � `fn Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Ti me: _/ i `L� Completed infield by:--m. Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit to construct a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed "L" section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road, Southold. SCTM# 1000-81-3-19.7 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey :5 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review�ultant/applica completeness/comments/standards: Present were: /i Bredeme er M. D y M. omino G. Goldsmith N. Krupski C. Sanders Other Page 1 of 2 John M Bredemeyer III, President r �pSUFFU(kco, . Town Hall Annex Michael J Domino, Vice-President -- �o Gy�� y 54375 Route 25 Glenn Goldsmith o ` P.O. Box 1179 A. Nicholas Krupski o Southold, NY 11971 Charles J. Sanders y,, yo�. Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: dfi_ Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit to construct a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed "L" section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road, Southold. SCTM# 1000-81-3-19.7 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the-fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. :525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 NH SAG,LLC 2100 Paradise Point Rd.,Southold SCTM#: 1000-81-3-19.7 /13/16 • (01 ti r _ _ Y Y w Client: VH Sag, LLC Job Site Addi 2100 Paradise Point Road, Southold Date: Sept 21, 2015 Pi id i " i 3r4Ii1:. AWOy^r J!' Roadside Image ti.. •i' I +k.. tiw�ry Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477.1199 Phone (631)4774005 Fax (Jient NH Saa, LLC Job Site Addres l00 Paradise Point Road, Southold Date: Aug 3, 2015 Neighbor's Dock Proposed doc-k location 43wr i Is - 03 . 2015i f +✓rw f, 4 Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax .. .-' tw+.w,.�a^•:.+._+.......�:...'t•-' - _ ,_ �_�. _-�_ __ Y..r rA_,i-c—=-:r-za...:.-- o-w_.m,--^"'-'.'.'._'_..""`�____ .._�- ___-_� _ SOUTHOLD SEE SEC NO 11] N] /_ zeal[) 20 F D 28 O � 79 • � l �� 161 'C 1g7 a OA51 •` '� / � ty 1 A �w p. 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Sciarrino 200 E Canton Ave STE 102 - I Winter Park FL 32789-3837 } ,M Re: Permit ID 1-4738-00217/00005 NH Sag LLC • FEB - 9 2016 ' 2100 Paradise Point Road Southold scui)iCi�TaU.;n SCTM # 1000-81-3-19.7 Board of Tru tees Expiration Date: 1/21/2021 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act(Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621), we are enclosing your permit. Please carefully read all permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address: Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the'weather, and a Notice of Commencement / Completion of Construction. Please note, the permit sign and Notice of Commencement / Completion of Construction form are sent to either the permittee or the facility application contact, not both. Sincerely, Iva? r- Matthew R. Penski Environmental Analyst 1 cc: Costello Marine Contracting Corp. Habitat-TW File NEW YORK Department of STATE Of OPPORNNITT Environments Conservation doom NEW YORK STATE DEPARTME_. )F ENVIRONMENTAL CONSERVATIG Facility DEC ID 1-4738-00217 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information , -Permit Issued To: Facility: NH SAG LLC NH SAG LLC. C/O MICHAEL J SCIARRfNO ' 2100 PARADISE POINT RDISCTM 1000-81-3- 19.7 200 E CANTON AVE STE 102 SOUTHOLD,NY 11971 WINTER PARK, FL 32789-3837 =� ,_ F (407) 775-0725 PQ E E °` i Facility Application Contact: g 9 - 9 2016 8 COSTELLO MARINE CONTRACTING CORP PO BOX 2124 �J GREENPORT,NY 11944-0976 Sou`hold Town Board of Tru e ' (631) 477-1199 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 719.341 NYTM-N: 4546.721 Latitude: 41'02'31.9" Longitude: 72°23'25.5" Protect Location: 2100 Paradise Point Road, Southold, SCTM# 1000-81-3-19.7, Southold Bay Authorized Activity: Construct a dock consisting of a 4' x 40' ramp up to a 4' x 100' fixed dock having " water and electric and a 4' x 40' "L" section at the off shore end. Construct a 4',x 5' platform off of the main dock and a 4' x 16' ramp down to a 4' x 30' lower platform. Install'three (3) 2-pile mooring dolphins. All work shall be performed in accordance with'the plans prepared by Costello Marine Contracting Corp. on Sept. 4;2015, and stamped "NYSDEC APPROVED" on 1/22/16. Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-00217/00005 New Permit Effective Date: 1/22/2016 Expiration Date: 1/21/2021 Water Quality Certification-Under Section 401 - Clean Water Act Permit ID 1-4738-00217/00006 New Permit Effective Date: 1/22/2016 Expiration Date: 1/21/2021 Page I of 7 . MON NEW YORK STATE DEPARTME:._,3F ENVIRONMENTAL CONSERVATIO" Facility DEC ID 1-4738-00217 F-- * I 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:JOHN ELAND,Deputy Re ' nal Permit Administra or Address: NYS EC egion 1 Headquart s SUN @ S ony Brook�50 C' cle Ston Broo ,NY 790 - 09 J n n Authorized Signature: Date/ Distribution List COSTELLO MARINE CONTRACTING CORP Habitat-TW Environmental Permits Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Costello Marine Contracting Corp. on Sept. 4, 2015, and stamped "NYSDEC APPROVED" on 1/22/16. 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. Page 2 of 7 i l ti NEW YORK STATE DEPARTM& _ _JF ENVIRONMENTAL CONSERVATIO' 'Row 'Facility DEC ID 1-4738-00217 3. Post Permit Sign The permit sign enclos d with this permit shall be posted in a conspicuous location on the worksite and adequately prote ted from the weather. 4. Storage of Equipment,Materials The storage of construction equipment and materials shall be confined to the upland area landward of the b t1khead or on a barge. 5. 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. 6. 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). 7. Pilings at Property Lines Pilings shall not: a. extend laterally beyond property lines b. interfere with navigation, or c. interfere with other landowners ripari rights. 8. No Structures on Pilings No structures, ither than structures specifically authorized by this permit, shall be constructed on pilings without further authorization from the department(permit, modification or amendment). 9. No Floats This permit does not authorize the installation of floats. 10. Wood Preservatives a. Pressure treated wood used for construction of in-water structures must have undergone a treatment process approved(stamped oi otherwise marked as certified)by the American Wood Preservative Association. b. Wood treated with Pentachlorophenol(PCP)must not be used in wetlands or surface waters. c. The use of creosote treated wood is prohibited both in the water and upland areas. d. Chromated Copper Arsenate (CCA)pressure treated wood must be clean and free of CCA surface deposits. Wood with surface deposits must be washed for at least 5 minutes under running water prior to use. The washing must occur eater than 100 feet landward of any regulated wetland and/or water body. (Note "E." below fu handling wash water.) e. Any wood debris such as sawdust or w sh water must not enter any water body, including wetlands or protected buffer areas. Page 3 of 7 Nkomo NEW YORK STATE DEPARTML_.-- OF ENVIRONMENTAL CONSERVATIC_. Facility DEC ID 1-4738-00217 11. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water-borne forces created by said propeller or propulsion system, to excavate or displace existing bottom sediment and benthic habitat for the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by this permit. Prop dredging is strictly prohibited without further written authorization(permit, modification or amendment) from the department. 12. 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. 13. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation(grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season,then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 14. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 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 naL-ural resources of the State, the owner may be ordered by the Department to remove or alter the structural'work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 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. Page 4 of 7 Am r NEW YORK STATE DEPARTML,..'OF ENVIRONMENTAL CONSERVATI( NEW Facility DEC ID 1-4738-00217 17. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings,paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 18. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217)provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Page 5 of 7 IRMO NEW YORK STATE DEPARTMLi, rOF ENVIRONMENTAL CONSERVATIG.Lr Facility DEC ID 1-4738-00217 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit..Such application must include any forms or supplemental information the Department requires. Any renewal,modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 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, Water Quality Certification. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit-conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or Page 6 of 7 AM NEW YORK STATE DEPARTME',—SOF ENVIRONMENTAL CONSERVATIG_. NNW Facility DEC ID 1-4738-00217 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 parry to the permit. Page 7 of 7 ",-nCE OF COMMENCEMENT OF CONSTRUE--N RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 AM Bureau of Habitat-TW - 50 Circle Road Stony Brook, NY 11,790-3409 PERMIT NUMBER:��7M- o0;7/7/,9,909j5- — O0;?/ //,9,90 j EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Dear Sir. Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions.We have inspected the project site and can complete the project as described in the permit and as depicted on the approved,plans. We can do so in full compliance with all plan notes and permit conditions.The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/.OR ANYASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE,POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANOTIONS•AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-TIN AM 50 Circle Road �rrS�tony'Brook, NY 1179 -3409 PERMIT NUMBER: !"7 I D�S rO��U�EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME 8$ADDRESS: • TELEPHONE: Pursuant to special conditions of the referenced permit,.you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved,plans. (Both signatures required) PERMITEE: DATE CONTRACTOR:' DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 36 DAYS OF COMPLETION OF THE PROJECT. 95-20-1 (91871-9d New York state Department of Environmental Conservation a AMA oboe T -ICE 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. 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I 4- T Gc,e _DIS -L SEL• �IoJC,iOt� Gcst �,�,Q�vcd•,-Q1ytd� _ as �a�fA�57cd ,7�rZ.rtGF3 �Ri� G C,tl bTaa J �Z'N�T.fL�TJD�/ -�+aovyv�octd► l�.�.�wty I I /VI<i/� .BOG�►L+ L..Doc.K���7L- �a1o�v✓ivy-, L oYt✓�J2 3��t?+�'afZM NYSDECJr APPROVED AS PERT ERM AND CONDITIONS OF S FEB - 9 2016 ° P RMIT NO 1"�� © l`? G'�'�C1 ASL is.AWT WE MI MA54- :88ll �irao tae s�/13T ct�N,7•bv.�tvs a',00 T terM�i� �8ar: ive+rs-es+�x�.r�� ,mac. 327 6 9 �/oa,sosrKaic�as�,sPo�wr,�GZss�tv CQ�-Trio /Nt��IA?'I�•�G7'iN/yG�It/� •Soa��o.�,++r•� A97I jQ.O.�'�i .'�I't4 l�Mtt�ISW�10il��v�i117i�• SGT -laeo�87'r3-!q•� :,Cantrell, Elizabeth From: Jane P. Costello <jane@costellomarine.com> Sent: Wednesday, May 18, 2016 12:00 PM To: Cantrell, Elizabeth Subject: RE: NH Sag, LLC Thank you. From: Cantrell, Elizabeth [mailto:elizabethc@town.southold.nv.us] Sent:Wednesday, May 18,2016 11:45 AM To:Jane P. Costello<iane@costellomarine.com> Subject: RE: NH Sag, LLC Hi Jane, This email is sufficient in a postponement request. I will place the application onto June 22nd Public Hearing agenda. Hope you have a good day O Elizabeth From: Jane P. Costello [mailto:jane@costeliomarine.com] Sent: Wednesday, May 18, 2016 11:10 AM To: Cantrell, Elizabeth Subject: NH Sag, LLC Good Morning Elizabeth - I would like to postpone the NH Sag, LLC application that is on tonight's agenda. Will this email be enough or do you need a formal letter faxed over? Jane Pm Costello Permit Manager Please Note new croail address: iancCi;costellomarinc.corn Costello Marine Contracting Corp. PO Box 2124 423 5th Street Greenport,NY 11944 (631) 477-1199 Phone (631) 477-0005 Fax i OFFICE LOCATION: SOUjy® MAILING ADDRESS: Town Hall Annex �® �® P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Avej e� Southold, NY 11971 Telephone: 631765-1938 com LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 15, 2016 Re: Local Waterfront Revitalization Program Coastal Consistency Review for NH SAG, LLC,c/o MICHAEL SCTM# 1000-81-3-19.7 Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit, to construct a 4'x40' ramp to a 4'x100'fixed dock with a 4'x40'fixed 'T' section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road,Southold. SCTM# 1000-81-3-19.7 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: 6.1, 9.1, 9.3, 9.4 (E), and therefore is INCONSISTENT with the Local Waterfront Revitalization Plan. 6.1 Protect and restore ecological quality throughout the Town of Southold. Although the ecological complexes and individual habitats of Southold continue to support large_ assemblages of plants and animals, over time, human activity has fragmented, or otherwise impaired many of the significant habitats. The impacts that generally result from the construction of dock structures in the Peconic Bay include: Vegetation (Physical Loss) • Structure placement • Construction practices(jetting) • Chronic shading f �f Wildlife (Physical and Functional loss) • Loss and/or impairment of habitat • Disruption of habits and migration patterns (structure and activity) • Introduction of harmful contaminants 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. The policy states: The Town of Southold has numerous access points to its shoreline and waterfront recreation facilities. The main objective of the Town is to improve these facilities, providing increased public access to the shoreline and waterfront recreation facilities for residents and visitors. Southold's shoreline has the potential to offer a continuous right of access along the shore. Given the increase in shoreline development, the opportunity to walk the shoreline of the Peconic Estuary is a valuable public asset. It remains, however, an unrealized asset because the right of continuous access is useless without the ability to get to the shore and, once on the shore, to walk unfettered. As noted earlier, there are stretches of Southold's shoreline where the public's rights in the foreshore have been constrained, and sometimes precluded, by the design and nature of private residential development. This is a major public policy concern. Small private docks in coastal areas occupy public waters and extend across lands where the public has certain rights of access and usage. Therefore, all docks, extending out into a public water body adversely affect the public use and access along the foreshore and nearshore areas of such water bodies. Public access along the foreshore and Town waters has been identified as one of the most important liberties within the Town.Similarly, the legal use of New York's beaches, tidelands, and lands underwater is defined by the Public Trust doctrine which holds that the public has certain rights of access along the shore, typically for fishing, shellfishing, and navigation. Under the public trust doctrine, the foresliore and underwater lands are held in trust by the state or local, government for the benefit of the public. These rights of access must generally be balanced against the riparian rights of landowners adjacent to the water's edge. Riparian rights of waterfront property owners mandate that they have access to the adjacent waterbody. This does not, however, necessarily authorize a dock that extends into public waters or across lands where public trust rights exist. The Courts have found that the requirement for riparian access may be met by the establishment of a dinghy or canoe launching area—with no structure (NOAA 2008). An offshore mooring would also gain pubic access to public waters. Throughout the Town a total of 303+ public and quasi-public access points have been, established to allow for access to the foreshore and navigable waters. These access points include, boat launch facilities, road ends, managed parks and Town owned properties. 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 underwater. Use the following factors in assessing potential adverse impact: 1. environmental impact, The proposed dock structure would be susceptible to storm damage and/or ice damage due to the exposure and fetch of the waterbody. The disposal of sanitary waste onboard the vessel has not been identified. 2. values for natural resource management,public recreation, and commerce, 3. size, character, and effect of the transfer in relation to neighboring uses, The proposed dock appears to be similar in size to an existing dock structure located to the south. The docks were constructed prior to the adoption of the LWRP. 4. potential for interference with navigation,public uses of waterway, and riparian rights, The proposed dock structure would impede navigation of vessels (public use of public waters) along the nearshore. Vessels would be forced to operate around the dock structure or seaward of the dock structure. S. effect of the transfer of interest on the natural resources associated with the lands, The construction of a dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock structure is located. 6. water-dependent nature of use, The private residential use is not water dependent, however, recreational boating requires water access (e.g. mooring, public boat ramp). 7. adverse economic impact on existing commercial enterprises, The private dock structure would remove the area occupied by the dock structure and vessel from public use including commercial uses that occur in Peconic Bay. 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. The proposed 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. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. i Private dock structures extending into public trust lands and waters obstruct public use ? of navigable waters and other public use in the area where the dock is located-and does not meet this policy. 3. Obstruction of navigable waters and underwater lands is limited: Boat travel in coastal waters is a public right established through the commerce clause of the U.S. Constitution which gives the Congress regulatory power over navigable waters—an authority that has been delegated to the U.S. Army Corps of Engineers (USACOE). The USACOE identifies typical impacts to navigation due to small docks as: a. Extension into designated federal navigation projects or traditional navigation passages through the waterways. This impact is particularly important in Peconic Estuary which contains shallow areas and narrow navigable channels. Small watercraft navigate in all areas of Peconic Bay including along the nearshore. b. Federal navigation projects occur on waterways where taxpayer dollars have been invested to create or maintain a designated channel, turning basin, or anchorage. c.There are instances where a proposed dock would not affect a designated navigable channel or a federal navigation project, but could adversely affect passage by paddle craft (e.g., canoes and kayaks) through traditional passageways along the shore. In some situations, a dock may force small paddle craft into the dangerous situation of entering a channel (or open water) utilized by larger, powered boats. For safety's sake, the smaller craft typically remain close to the shore—the same portion of the waterway, where docks are generally proposed and constructed. d. In some instances,the design of the dock(e.g., its height over the water or structures at the water end) may impede safe navigation by obstructing views along the waterway. Structures may obscure oncoming boat traffic or boats leaving docks and navigation aids. e. Private docks constructed too close to existing public or private docks or boat landings may impede safe navigation to, and use of,those existing facilities. Boats need room to maneuver around docks; the amount of room necessary is dependant on the size, configuration, and powering mechanism of the boats (i.e., size of engine; sail versus engine powered, etc.) Docks that are too close together may lead to difficulties in launching or landing vessels. a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, The use is a private residence. Numerous facilities are available throughout town to promote access for recreational boating. I _ (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, Due to the size and fetch of the Peconic Bay, small watercraft, navigate the waters close to the shoreline for safety'. Docks in the bay impede this ability by forcing small watercraft to navigate around the dock structure. (iv) the nature of public use of the adjacent waters, Another consequence from private, residential docks is the potential of obstruction of navigation. Town regulations prohibit the obstruction of marked navigation channels and require a one-third rule for creeks and harbors. For boaters with engines, this prohibition fits their needs since the safe operation of these vessels could require the use of the channels for navigation. However, for self -propelled vessels and small watercraft which use is not limited to navigation channels, docks are an encumbrance, often forcing these vessels to navigate around the structure or seaward of the dock line. This forced navigation restriction potentially puts the users of these vessels at risk. Similarly, dock structures limit the ability of sailing vessels to use the nearshore area by impeding the ability to navigate the nearshore area. (v) the traditional means of access used by surrounding similar uses, The traditional use of the waters included free and unobstructed access to the nearshore for commercial uses and recreation by the public (vi) whether or not alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. d. by potential adverse effects on natural resources and their uses, and e. by potential adverse effects on public safety. See above comments. Alternatives to permanent, private, docks structures in Peconic Bay include mooring of boats in safe areas and docking of vessels 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. �L�g+1bFF0�„p�O - Peter Young,Chairman o Town Hall,53095 Main Rd. cej Lauren Standish,Secretary 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., March 16, 2016 the following recommendation was made: Moved by John Stein, seconded by Peter Meeker, it was RESOLVED to SUPPORT the application of NH SAG, LLC C/O MICHAEL SCIARRINO to construct a 4'X 40' ramp to a 4'X 100' fixed dock with a 4'X 40' "L" section at offshore end. Construct a 4'X 5' platform with a 4'X 16' ramp onto a 4'X 30' lower platform. Provide water and electric. Install three 2-pile mooring dolphins. Located: 2100 Paradise Point Rd., Southold. SCTM#81-3-19.7 Inspected by: Peter Young, Peter Meeker, Jack McGreevy The CAC Supports the application with the following recommendations: • Installation of beach access stairs; • Removal of non-functioning groin; • Lateral access is not impeded along the beach; • The site plan is marked to show the slope as a non-disturbance buffer; and • The lights on the dock comply with the Dark Skies Code. Vote of Council: Ayes: All Motion Carried F ` John M,Bredemeyer III,President s ; �'y Town Hall Annex Michael J.Domino,Vice-President �' 54375 Main Road b r.. P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee Telephone(631)765-1892 Charles J.Sanders,Trustee Fax Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only nD Coastal Erosion Permit Application I ; Wetland Permit Application Administrative Permit ' / Amendment/Transfer/��xtension FEB -- 9 2015 1� Received Application: Received Fee:$ 250,00 Completed Applicatio- "n - �®- Se+�thcid Tom Incomplete__.__ a e —Incomplete­. Classification: Type[___Type 11 Unlisted Coordination:(datesent) e ,I� '►/�—LWRP Consistency Assessment Form CAC Referral Sent: 212&1/& I Date of Inspection: 3W1 ltD _Receipt of CAC Report: _Lead Agency Determination: Technical Review:_ 3%_ Public Hearing Held:_ _ 9I Resolution: -- Name -,Name of Applicant NH SAG,LLC c/o MICHAEL SCIARRINO Mailing Address 200EAST CANTON AVENUE#100,WINTER PARK,FL 32789 Phone Number:( ) 407)775-0725 Suffolk County Tax Map Number: 1000 - 81-3-19.7 Property Location: 2100 PARADISE POINT ROAD, SOUTHOLD (provide LILCO Pole#,distance to cross streets,and location) AGENT:C_OSTELLO MARINE CONTRACTING CORP. (If applicable) Address:PO BOX 2124, GREENPORT,NY 11944 Phone:(631) 477-1199 e�� �1� Board of Trustees Application GENERAL DATA Land Area(in square feet):256,673 Area Zoning: R-40 Previous use of property:.RESIDENTIAL Intended use of property:SAME-NO USE CHANGE Covenants and Restrictions on property? Yes X No If"Yes",please provide a 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 the Building Dept.? Yes X No Does the structure(s)on property have a valid Certificate of Occupancy? Yes X No Prior permits/approvals for site improvements: Agency Date DEC#1-4738-00217/00005 Issued 1/22/16 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 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' "L" section at offshore end. Construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform. Provide water and electric.Install three 2-pile mooring dolphins. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATI®N DATA Purpose of the proposed operations:_To provide dockage for the upland property owner and his family. Area of wetlands on lot: N/A square feet Percent coverage of lot: N/A Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes If yes,how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A _ feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited:N/A Statement of the effect,if any,on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed dock structure will encompass 924 square feet of water surface. Any disturbance caused bthe installation of the piling will immediately re-establish itself once construction is complete. 617.20 Appendix B ' Short Environntental Assessment Form i r i Instructions for Comnletin� Part 1-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 1 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 1-Project and Sponsor Information i Name of Action or Project: DOCK CONSTRUCTION ' Project Location(describe,and attach a location map): 2100 PARADISE POINT ROAD,SOUTHOLD,NY 11971 SCTM#1000-31-3-19.7 Brief Description of Proposed Action: 'CONSTRUCT A 4'X40'RAMP UP ONTO A 4'X100'FIXED DOCK WITH A 4'X40"'L"SECTION AT OFFSHORE END. "CONSTRUCT A 4'X5'PLATFORM WITH A 4'X16'RAMP DOWN ONTO A 4'X30'LOWER PLATFORM. 'PROVIDE WATER AND ELECTRICAL SERVICES FOR DOCK STRUCTURE. 'INSTALL THREE 2-PILE MOORING DOLPHINS. j F t Name of Applicant or Sponsor: Telephone: NH SAG,LLC c/o MICHAEL SCIARRINO E-Mail: i Address: i 200 EAST CANTON AVENUE#102 ; City/PO: State: Zip Code: WINTER PARK FL 32739 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 a 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: PERMITS ARE REQUIRED FROM ARMY CORPS OF ENGINEERS,NYSDOS,NYSDEC,TOWN OF SOUTHOLD a r 3.a.Total acreage of the site of the proposed action? 5.9 acres b.Total acreage to be physically disturbed? 0.0141 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 5.9 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial [:]Commercial 6ZjResidential(suburban) ❑Forest ❑Agriculture m 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? ❑ ✓ ❑ r b.Consistent with the adopted comprehensive plan? ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 0 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: 717 ❑ - 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES i ❑ ❑ i b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 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: ❑ ❑ t i 10. Will the proposed action c011nect to an existing public/private water supply? NO YES 4 t If No,describe method for providing potable water: ❑ s r 11.Will the proposed action connect to existing wastewater utilities? NO YES 1 If No,describe method for providing wastewater treatment: ❑ OUR PROPOSAL DOES NOT INVOLVE THE PRODUCTION OF WASTEWATER. x 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES s Places? a ❑ b.Is the proposed action located in an archeological sensitive area? t k 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? El ❑✓ l b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ IZI If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: { THF PROPOSFII DOCK IS 564 SQUARE FEET AND WILL RF LOCATED WITHIN SOUTHO D BAY i 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: R1 Shoreline El Forest ❑Agricultural/&sslands ❑Early mid-successional r m Wetland ❑Urban ❑Suburban I t 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? ❑ # i 16.Is the project site located in the 100 year flood plain? NO YES i 17.Will the proposed action create storm water discharge,_either from point or non-point sources? NO YES e If Yes, ❑ V a.Will stone water discharges flow to adjacent properties? ®NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? i If Yes,briefly describe: m NO AYES I E Page 2 of 4 1 7 i 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES l water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 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: ❑ f 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES i completed)for hazardous waste? If Yes,describe: a F 1 AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY # KNOWLEDGE Applicant/sponsor name: MICHAEL&CIARRINO FOR NH SAG,LLC Date: 09/�2✓ I `Lo 15 Signature: r 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 F]regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? i 3. Will the proposed action impair the character or quality of the existing community? E 4. Will the proposed action have an impact on the environmental characteristics that caused the 1:1 ' establishment of a Critical Environmental Area(CEA)? El 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? 4J I 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? It] 0 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)? t i Page 3 of 4 ' t 'I 1 14 P No,or Moderate small to large p impact impact may may t occur occur t 10. Will the proposed action result in an increase in the potential for erosion,Flooding or drainage problems? El ❑ 11. Will the proposed action create a hazard to environmental resources or human health? Ell I ❑ s Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every F 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 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by r 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-terns,long-term and cumulative impacts. i S t F x•. 3 'f 5 T ' t f 'f 7 T k i 1 Y i 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 r r Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _ z i Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) t PRINT Page 4 of 4 t PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Joan&John Petrocelli 250 Manor Road,Huntington,NY 11743 Barbara&James Miller 538 Edwards avenue,Calverton,NY 11933 Caren&Eric Heacock 1425 Paradise Point Road,Southold,NY 11971 Jerry J.Callis Revocable Trust 2350 Paradise Point Road,Southold,NY 11971 STATE OF NEW YORK COUNTY OF SUFFOLK Jane P.Costello ,residing at Costello Marine Contracting Corp. PO Boz 2124,Greenport,NY 11944 ,being duly sworn, deposes and says that on the lith day of March ,20_i6, 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 there 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 Greenport,NY (11944) ,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this /(0 Day of a,, , 20e. Notary Public LYNN E STEVENS Notary Public-State of New York NO.Ol ST6269424 Qualified in Suffolk County Commission Expires q'a5t-d 6A9 TM Postal Service" ■ • stal Service CERTIFIED MAIL@ RECEIPT CERTIFIED MAILPRECEIPT. 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O PostageON Total Postage and Fees N 1�O rel Total Postage and Fees $ ry off^ $ �� 0 � SentTo=^Oana S hn etroeelli._ _-----•---------------- r�-1 SentTbarbara '1'TX,-nes I!11 ler ------------------------------- ------------• J Street a d Apt.No,or PO Box lt(o SNF10 t No.,1PO Boz IUo' -------------------------------------- 02 5Fl Wa cis h� SQ-YY)A»Qr- --•-- --- A 1 , - - ------------------------------- C� State.ZIPn �n '�+ 'f 3 f C" aiv, � I I G 3 s NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: NH SAG,LLC c/o MICHAEL SCIARRINO SCTM#1000-81-3-19.7 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 41X40' RAMP UP ONTO A 41X100' FIXED DOCK WITH A 41X40' "L" SECTION AT OFFSHORE END. CONSTRUCT A 41X5' PLATFORM WITH A 41X16' RAMP DOWN ONTO A 41X30' LOWER PLATFORM.PROVIDE WATER AND ELECTRICAL SERVICES FOR DOCK STRUCTURE. INSTALL THREE 2-PILE MOORING DOLPHINS. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 2100 PARADISE POINT ROAD, SOUTHOLD,NY 11944 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: WEDNESDAY,MARCH 23,2016 AT OR ABOUT 5:30PM You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: NH SAG LLC c/o MICHAEL SCIARRINO MAILING ADDRESS: 200 East Clinton Ave,#100,Winter Park,FL 32789 PHONE #: AGENT: COSTELLO MARINE CONTRACTING CORP. . 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Domino, Vice-President 54375 Route 25 Glenn Goldsmith N P.O Box 1179 A. Nicholas Krupski Southold, NY 11971 Charles J Sanders `'���� '�4 'r 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 NH SAG,LLC, c/o MICHAEL SCIARRINO COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR NOT LESS THAN SEVEN DAYS residing at/dba Mvie ® ac v("76r n± Y (C144- being duly sworn, depose anh say: That on the 142' day of vC , 20 �,�personally posted the property known as 1 a raclx'i� eaa ii , W 11q it 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,March 23, 2016. Dated: (s' ture) Sworn to before me this /&��day offilA2h20/CO Not y Public LYNN lE STEVENS Notary Public-State of New York NO.01ST6269424 Qualified in Suffolk County Commission Expires -o? 30/C0 Client: NH Sag, LLC Jol ;Address: 2100 Paradise Point Road, cold Date: March 15, 2016 NOTICE OF HEARING POSTING PHOTOGRAPHS �,:}'ki .r ,�. rc 4. '�`�•'2, :+ t IY�Y. �<� ^sr �S','�� _-%_ �*f v""�'6'R :;7`� rS¢ �k , 7i,��+:4#F`I, ' �.: j,i t^w J �� �y � ':. 2 yt"'r-Y�. lac ''�r',r°5<p��".��t"�-« w�„_ ,:.,`kt'�!�i'pp✓. ,,. : ''ir'^.j1':' }�'„p 4"%tx � �31'r'n: k'�:•', 'f"°i'^5�s _L}lY�b `�f �i.� V M y����."{{ .4+� .Iwk.; vr"'Y��'.�::±.' ,�' %- .Rt� _r�{�l�"�,s•(.•�EM1 NN 'M '�4�+�"y�t.�:'•a.',+ \- _ .'�_-��-�, _ n �' •'i''(�3f'r,,,i�, �J,,..-. a A _- �„ FR4 _ "�, ^y NOTICE HEARINGt RFE,0R0, +NM SAG LLC M its y •i >un�hn,+ " i 0c MICHAEL SC!ARRINO ,e•":'� a. , �3:¢�'�„ ',6 �''•^ft"n3i.q. ,�: ;p. 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OWNER(S) OF RECORD: NH SAG, LLC, c/o MICHAEL SCIARRINO SUBJECT OF PUBLIC HEARING : For a Wetland Permit to construct a 4'x40' ramp to a 4'x100' fixed dock with a 4'x40' fixed "L" section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road, Southold. SCTM# 1000-81-3-19.7 TIME & DATE OF PUBLIC HEARING : Wednesday, March 23, 2016 — 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 COST ELLO MARINE CONTRACTING CORDOR "SCION ! DOCK BUILDING®JETTIES BULKHEADING STEEL&WOOD PILING FLOATS 423 FIFTH STREET PO.BOX 2124 GREENPORT,NEW YORK 11944 = (631)477-1199%477-13931477-Oi382 a FAX AUTHORIZATION FORM 1, Michael J.Sciarrino,Manager of NH Sag,LLC owner of single-family home (,Vaine) (Business/1"roNerti Ntuue) ) t, located at 2100 Paradise Point Road,Southold,New York 1 do hereby-give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary pennits for work to be completed at my above referenced property. t.. 07/29/2015 Date Signature e i. g. i 4 i S g. P 5 f I Board of Trustees Application -. �IZ14I�1� County of Se fbk FWF,I PA State of New-)�$rk Michael Sciarrino for NH Sag, LLC BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HISR 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 BOARD OF 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,INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH.THIS APPLICATION, INLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL ; EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. > Signature of Property Owner SWORN TO BEFORE ME THIS Cvt DAY OF Feb hu O- 20 . `�"' SHERYL NORFLEET `• •= MY COMMISSION#FF046325 EXPIRES August 18,-2017 „OF fti,.• tUoary ublic (407)39"153 moridallotaryService.com 1 v APPLICANUAGENUREPRESENTATIVE ' TRANSACTIONAL DISCLOSUR +'FORM � i • 3 The.'nwn of Southold's Cndc of f thics. rahilii contlic s f interest nn.the art of own ofti rs and ern to es:'1`lte Lurose�af 1 its foLnrt is to nrovid4 information which can alert die town of atissiblo cantlicts f intuist and a law't to take y iatever ac titin is iLecessary to avoid same. YOUR NAME: N i'E Sail ) U�C (Last name,first name,qiiddle 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.persott;►lly(ardliraugl)your comp.my,spouse,sibling,parent,or child)have a relationship with any ofTicer'or crnployec of the Town:ofSoudiold? "lteiationship"includes by blood,utarriage,or business interest."Bubiness interest?',nicans a business, including a partnersbi',in which the"iotiv'n afticcr or cmployce ltas evert,a partial ownership of(or`cinpluymenthy)'tt ctirpoi�tion in which the[awn off icer cir e+nplayee owns-marc than 5°l0 of'tlie°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 NSA Title or position of that person. NSA 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 desc4be in the space provided. i The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): N/A A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); N/A B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); N/A C)an officer,director,partner,or employee of the applicant;or N/A D)the actual applicant. DESCRIPTION OF RELATIONSHIP ,st r bLA 6L1100 Submitted this da 00 Signature —. Print Name M j C11 CW j J �U a,W,1%0 � Form TS ] r-1 an Town of SouthoRd LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I., All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before` answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and'adverse effects upon the coastal area(which includes all of'Southold 3. 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 explaiaM in detail, listing both supporting and non- supportink 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 AC'T'ION SCTM# 81 3 19.7 PROJECT NAME NH SAG,LLC-PROPOSED DOCK The Application has been submitted)to(check appropriate response): Town Board ❑ 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 4'x40'ramp to a 4`x1,00'fixed dock with a 4'x40' "L"section at offshore end. Construct a 4'x5'platform with a 4'x16'ramp onto a 4'x30'lower platform. Provide water and electric. Install three 2-pile mooring dolphins. 8' a Location of action:2100 PARADISE POINT ROAD,SOUTHOLD Site acreage: 5.9 ACRES Present land use: RESIDENT IAL 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:NH SAID,LLC clo 1MI1"CHAEL SCIARRINO (b) Mailing address: 200 EAIST C21NTONAVENUE, #100 WINTER,PAR f, FI, 32 789 (c) Telephone number:Area Code( )407.775.0 725 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 0 No If yes,which state or federal agency?DEC DOS, USA CE 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. DEVELOPER 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,snakes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ®Yes ❑ lido ❑ loot Applicable This is a residential waterfront property that will benefit by the proposed dock structure. The property owner and family will be able to increase their ability to engage in water-dependent activities such as boating, water-skiing,fishing while safely securing their boat at this location. The proposal is consistent and reasonable for this area. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LNVRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No W1 Not Applicable 4 , Our proposal will have no influence on the historic and archaeological resources of the Town of Southold. 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 proposed dock structure is designed to be consistent with the adjacent dock structure. The structure will not degrade visual quality. There is limited vegetation in the area of the proposed dock There wild be no significant disturbance to the natural appearance of the area. There will not be light sources on the dock that would interrupt the visual quality of the area. Auacn aaainonai succts ti nvueasuty 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 1 El Yes ❑ No ® Not Applicable The proposed dock structure is not considered a shoreline hardening structure and will not influence erosion or flooding of natural resources. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section In —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ©Not AwDlicable- The proposed dock structure will not produce point source or non point source pollution. There will be no ,potential sources of groundwater contamination or potable water in the Town. The construction of a dock structure will not influence any sediment contamination or introduce point source discharges that would adversely affect water quality. 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. r ; ❑Yes ZNo F]Not Applicable During the construction of the proposed dock, the underrvater lands will be disturbed especially during the installation of the support piling. Once the piling are install the area will immediately recover. The dock will not produce any long term negative affects on the coastal environment.All Best Management Practices will be adhered to so that construction debris will not enter the water. Construction will not be staged and materials will not be stored in environmentally sensitive areas. 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 ICJ Not Applicable- Our proposal will not have any influence of the air quality in the Town of Southold Attach additional sheets if necessary Policy 8. N inimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWIIP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Our proposal will not have any influence on the environmental degradation in the Town of Southoldfrom solid waste or hazardous substances and wastes. I 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. nn © YeO No❑ Not Applicable The landward end of the proposed dock structure will start approximately 25 feet from the existing bulkhead The public will be able to continue to walk along the beach without any obstruction. Attach additional sheets if necessary WORIKIING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 10 Yes ❑ No ❑ Not Applicable The proposed dock structure will enhance the upland property owners ability to engage in water-dependent activities such as water-skiing, boating, and fishing. The structure will provide a safe berth for the homeowner to keep his boat and provide direct access to these water-dependent activities. 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 The proposed structure will not contribute to loss of vegetative wetlands since there is limited vegetation at this location. The dock was design so that there is significant water depth at all tidal ranges to prevent any unnecessary disturbances to the benthic community. 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 Our proposal will not have any influence on agricultural lands in the Town of Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Our proposal will not influence the use and development of energy and mineral resources. PREPARED BY. ane P. 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FILE No. 9443 FILED DECEMBER 20, 1993 S ' ! 69-S.5.0 FEB - 9 2016 SITUATE "^ p 1 a e BAYVIEW q TOWN OF SOUTHOLD ScothoiiTovlln SUFFOLK COUNTY, NEW YORK Board of Tr tee S.C. TAX No. 1000-81-03-19.7 a - -- SCALE 1"=Go' JULY 28, 2014 p W 40 W co�pD' I AO AREA = 256,873 sq. 1t. • 't ~y�„4 w,ry .•. •. _ F (7o nE uwl 5.900 oc. a Z 'j• � tm. �• a D • - •J . / 9 ° w O fit. 10W N 69* Op+ W AV �F/ • lk n _ 4 N �,,� ey, p qty TO THIS R®KIS A VUN DH ADOF • / n - �>• ° p b 4 ,0 10 T6 SURVEY B A HOUIgN OF �G / / 1 •, •' •. �6j o- ~ \ /yY SE IpM W THE NEW YORK STATE ElmT° SURVEYPBE TU� 0Y E«dOf]FD / / i •N -' • •• / "'\\ / rO� 5 PROWEX AND ON IRS�To THE TmE mNwun.roYETa,mrtK Auyar AND ✓jl�4rE_'��4°/��.� Y/ / �yi�o, If \\ \ 1 TTUTON.am�'er�.006 Aerie muLENDING ovuac �� THE EIRSIM E OF RICHT OF WAYS rJ / `>✓ O AANN•YY/NOT MD"AaNOOTT GUARANTEED. Gt -"•� // / 4ti1 F'RNAbw�s"Yox, SURVEYS As MINIM SI ESTAOUSmED ACH Fn� aMHNPDKNA,M;W- SDEm BE CEDg ROAD / ' / 3 AbA`wDykeq� P NYS UC No 50467 R Nathan Taft Corwin_ III N 753 69 y Land Surveyor Seo:emor To=A N Lir LS Tine&—r—SundMalau— STe R—— C..ftdon IOAoet PHONE(631)727-2090 Fm(631)727-1727 OFFICES LOC47ED AT IWUNC ADDRESS 1586 Mom Rood PO 0.16 ---- I - Jaee'M.N.York 11947 .Im PLI,Nm York 11947 Hydrographic Map Surveyed: July 13, 2015 N SCT# 1000-31-3-19.7 ` E Town: Southold Suffolk County, NY t! Datum: MLLW �e � s 50' � - M A' h i. N M FEB - 9 2016 1 ' M ` M 00 Y 6 ar fTr ste a r N M' "N / / cv O� 00 NcV cb � ! / �•n j to ! / M' CO ra I nj! h �N N co CO N M j�• rj "M CVM. CIV M er / Jet o p, / O Do co N � .04 M � w u / '� b / M r�• • Co 0 N t y. co I / Mon. { N N ,� 1 0 / cN / ! ! N - cV NIL Or or 7y CO ROBERT H.FOX NYS PLS#50197 P 0 Box#366 ` ,� `�• €15� � / Aquebogue, NY 11931 8