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HomeMy WebLinkAboutTR-8961 John M.Bredemeyer III, President *OF SO(/jyO Town Hall Annex l Michael J. Domino,Vice-President �� 0 54375 Route 25 P.O. Box 1179 Glenn Goldsmith Southold,New York 11971 A. Nicholas Krupski ® Q Telephone(631) 765-1892 Charles J.SandersycOU ® y Fax(631) 765-6641 � NTY,�� 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/silt boom/silt curtain 1St day of construction Y2 constructed tf Project complete, compliance inspection 5llf•-%r+rl't° s �•1111..t1/%:�: P •i•i1P lltF°• •:i1\5.f•�I'%�.. ..•,11 IP'f° ~`� •011 1°Ij°' 5Nf (++r+. 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ISSUED TO: FROST ROAD ASSOCIATES, LP c/o JOHN J.NICKLES r' > - �� �• PROPERTY ADDRESS: 2015 AIgSHAMOIVIAQUE AVENUE & 1840 FROST ROAD, ' CHANNEL LEADING INTO PETTY'S POND, SOUTHOLD S: 11 SCTM# 1000-66-3-14 & 15 Mfr% AUTHORIZATION ' Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on FebruM 15,2017,and in consideration of application fee in the sum of$250.00 paid by Frost Road Associates, LP c/o John Nickles and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees u i�. authorizes and permits the following: r Wetland Permit for a Ten 10 Year Maintenance Permit to dredge approximately 650 cubic J :• yards of material within an area of the channel entering Petty's Fond; dredging to be done to a depth of-4.51f MLLW(side slopes at 1:3);width of dredging to be 25.0% dredging to be M. � =,y performed by typical clam-shell bucket; dredged material to be placed on beach located±55' to the southwest, above the HWM,via typical front-end loader; and as depicted on the site plan prepared by Suffolk Environmental Consulting,Inc., dated November 2,2016,and stamped approved on February 15,2017. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ed Za Ca -2ft N 1r. �:,• .i :y1'MJXL4t!SiiXu}'SSY`SufxrY,iY:,`.�i.S',Y4;.JU,ffiiir.�'U.sSY•YSfh.»SFS.,i.355StUS.;.u,A�:�.5F5:,luTs�?.w`"aSXS,;uu�ii:L.C„5ili h'xdtcb;.irii>arY2G`�7i;.rSifNr.wr.•ny1YA"U3L.""A,?iJ,f'Uis?ffu'l_�SG's�"t9ir�itUTi 2-X+XS�an,:,.i&iSZL'>i2u5rifi2ikv.Sntiis'�'"L'ii•DiKi.��`i} '�i:!,ti;.�a:.?., v.+,.:+.+,,, N? �.�,:::+ .daa,� - N;ayo H 5.. fas{�f +:aa+.• '..:! };ara:.,. •`'�:•_••,,star .rt•- .r,., ..,:,,�,,::..' y,�,.,, TERMS AND CONDITIONS The Permittee Frost Road Associates, LP c/o John J.Nickles 2015 Arshamomaque Avenue, 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 r onths,which is considered to be the estimated tune 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. S. 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. o _ Michael J.Domino,President �� l0 Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J.Sanders Q Southold,New York 11971 Glenn Goldsmith �� Telephone(631) 765-1892 A.Nicholas Krupski l�enum Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 15, 2017 Bruce Anderson, President Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: FROST ROAD ASSOCIATES, LP c/o JOHN J. NICKLES 2015 ARSHAMOMAQUE AVENUE & 1840 FROST ROAD, CHANNEL LEADING INTO PETTY'S POND, SOUTHOLD SCTM# 1000-66.-3-14 & 15 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 15, 2017 regarding the above matter: WHEREAS, Suffolk Environmental on behalf of FROST ROAD ASSOCIATES, LP c/o JOHN J. NICKLES 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 December 7, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 15, 2017, at which time all interested persons were given an opportunity to be heard, and, 2 1 WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of FROST ROAD ASSOCIATES, LP c/o JOHN J. NICKLES for a Ten (10) Year Maintenance Permit to dredge approximately 650 cubic yards of material within an area of the channel entering Petty's Pond; dredging to be done to a depth of-4.5'± MLLW (side slopes at 1:3); width of dredging to be 25.0'; dredging to be performed by typical clam-shell bucket; dredged material to be placed on beach located ±55' to the southwest, above the HWM, via typical front-end loader; and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., dated November 2, 2016, and stamped approved on February 15, 2017. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Michael J. Domino President, Board of Trustees MJD/dd .-�zrzr Michael J.Domino, President t' p uFFQ Town Hall Annex John M.Bredemeyer III,Vice-President ,` yJ,�� 54375 Route 25 Charles J. Sanders y .4 d P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski 'y ® p�,r` Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Fosr ko" Ris�G/A-Ti✓.!5 Cf0 64(ALF A-AllQ5P2s01q Please be advised that your application dated De�G 7 201& has been reviewed by this Board at the regular meeting of FGb 1.5. Zoll and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project �r Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1St Day of Construction ($50.00) '/Z Constructed ($50.00) VFinal Inspection Fee 50.00 SAq Dock Fees ($3.00 per sq. ft.) Pa VAT" aWrU—OD S0 The Permittee is required to provide evidence the AfO PP-W6�Pt5 ion of the Trustee permit has been recorded with the Suffolk-�����y notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ %507,0 BY: Michael J. Domino, President Board of Trustees 0 SITE PLAN : .4 1.0" =50.0'- 0,> Scale: + Adapted from the HYDROGRAPH IQ AREA of PROPOSED IC MAP,as prepared by SEA ' LEVEL MAPPING,last dated November 7.,2015. DREDGING 0 0 (8,750 square' ro 0 '9_6 Is APPROVED BY . ......... .......... 0 BOARD 0 F T-R 7*11 EES r, 2_9x? -,,o TOWN OF SO( 6?0& V6*1 0 N1, k, 0 DATE WAA D 0 -el . EC '7 2016 7� 0 1; 1 old Town OPP f TrL-s ep N 71 0 NOTE: Numbers highlighted in Yellow(i.e., I + 50)to b&referred,to 0 '10 -Ir 0 .0 on pap � regarding cross-sectJons 0 of dredging within the chaInnel. "0 NOTE: The Tidal Wetland's Boundary .......... is equivalent to the High Water Mark. .0 40 NOTE: Low Water & High Water 4, 0 located, along the face of the" '11�0 .......... ...... bulkheading within Petty's_Pond.-, FROST ROAD ASSOCIATES (clo John Nickles) Project Situate: Pettv's Pond (northeast of Arshamomaque Avenue- Southold-New York Date: Novem6er 2,2o 16 SUFFOLK ENVIRONMENTAL Scale: 1 0"= 50.0, CONSULTING, INC. Drawn by: MJi P.O.Box 2003-Bridgehampton-New York-11932 of Comments: rrel2a red for regulator�su 6mi55ion. (631)537—5160(office) -(631)537—5291 (facsimile) r CROSS-SECTIONAL TRANSECTS,of PROPOSED,DREDGING (Transects @ 259 _. .__ KEY p+SO '�--'� 2+25 EXISTING UNDERWATER GRADE \AR11A to be DREDGED to 0+1 AREA ---_ .: 2+50 -4.5' @ MLLW _ 2+15 3+00 1+25 _—----- -- RQ'O FD if1D- ATER V1C7'l]J1T* Ing 1+50 .-'_ 3+25 - 2016 �=' SOUi1101d Town 4 e 1+153+50 Boaro of FROST ROAD ASSOCIATES (c/o. John Nick les)- Project Situate: Pettv's Pond(northeast of Arshamomaque Avenue■ Southold■New York Date: November 2,2016 SUFFOLK ENVIRONMENTAL Scale: NO 9 AI F CONSULTING, INC. Drawn by: mdi P.O.Box 2003 -Bridgehampton-New York- 11932 of Comments: Prepared for regulatoru submission. (631)537—5160(office) -(631)537—5291 (facsimile) r • � 3 - a YT Al F �+ F - �t tOWWd Tnwi - r .s i t r , i FROST ROAD ASSOCIATES (c/o John Nickles) Project Situate: Pettv's Pond (northeast of Arshamomaque Avenue • Southold■ New York Date: Novem6er 2,2016 SUFFOLK ENVIRONMENTAL Sale: NO SC-AI F CONSULTING, INC. 3 �-- Drawn by: mdiof P.O.Box 2003 •Bridgehampton•New York• 11932 Comments: Prepared for reg ulatorN su6mission. (631)537-5160(office)•(631)537-5291 (facsimile) PROJECT DESCRIPTION: Applicant proposes to dredge, with ten (10) years maintenance, approximately 650 cubic yards + of material within an area of the Channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to -4.5' +- MLLW (Side Slopes @ 1:3). Width of dredging to be 25.0'. Dredging to be performed by typical clam-shell bucket. Dredged material to be placed on beach located 55.0' ± to the southwest, above the HWM, via typical Front-End Loader. SPOIL DEPOSITION , CROSS VIEW Variable®20'±(Average) No Scale Variable o 20'± Variable®5' 1'� E �! DEC — 7 , proposed, 2016 Siltation Fencing' ', f _ -,Res-ltant Dredge Spoil i AHW (io be De-WateredlGradedlGroomed) Southold ToYII ALVV 1 4 Board of TrustOBS _ FROST ROAD ASSOCIATES (c/o John Nickles) Project Situate:' Petty's Pond,(northeast of Arshamomaque Avenue,■ Southold■ New York Date: November 2,2016 SUFFOLK ENVIRONMENTAL Scale: - NCS SC:AIF CONSULTING, INC. Drawn by: mdi P.O.Box 2003 -Bridgehampton-New York- 11932 of Comments: Prepared for regulatoru submission. (631)537—5160(office)-(631)537—5291 (facsimile) T _ .t John M. Bredemeyer III, d��06tK�o Town Hall Annex Michael J. Domino, Vice=Pre�i ent ��o �y� 54376'Route 25' Glenn Goldsmith o ` P.O. Box 1179 A. Nicholas Krupski o ^ Southold, NY 11971 Charles J. Sanders �,jj o'�� Telephone (631) 765-1892 Fax(631) 765-6641 zrxnx= BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: ti 8 14w\V' 9 , Completed in field by: �d��L@S c41" fl�� Suffolk Environmental Consulting, Inc. on behalf of FROST ROAD ASSOCIATES, LP, c/o JOHN J. NICKLES requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge approximately 650 cubic yards of material within an area of the channel entering Petty's Pond; dredging to be done to a depth of-4.5'± MLLW (side slopes at 1:3); width of dredging to be 25.0'; dredging to be performed by typical clam-shell bucket; dredged material to be placed on beach located ±55' to the southwest, above the HWM, via typical front-end loader. Located: 2015 Arshamomaque Avenue & 1840 Frost Road, Channel leading into Petty's-Poind, Southold. SCTM# 1000-66-3-14 & 15 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 r 3. Sanitary_leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice ofHearing Card Posted: Y / N Ch. 275 V,,"/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 'V Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: 4-c A v E - , Present were: v J. edemeyer M. Domino I/v. voldsmithKrupski C. Sanders Other , Page 1 of 2 John M. Bredemeyer III, �pSOfat,�CO Town Hall Annex Michael J. Domino, Vice-President 54375 Route 25 Glenn Goldsmith o ` P.O. Box 1179 A. Nicholas Krupski Southold, NY 11971 Charles J. Sanders y-1 aS'r Telephone (631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: 'Suffolk Environmental Consulting, Inc. on behalf of FROST ROAD ASSOCIATES, LP, c/o JOHN J. NICKLES requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge approximately 650 cubic yards of material within an area of the.channel entering Petty's Pond; dredging to be done to a depth of-4.5'± MLLW (side slopes at 1:3); width of dredging to be 25.0'; dredging to be performed by typical clam-shell bucket; dredged material to be placed on beach located ±55' to the southwest, above the HWM, via typical front-end loader. Located: 2015 Arshamomaque Avenue & 1840 Frost Road, Channel leading into Petty's Pond, Southold. SCTM# 1000-66-3-14 & 15 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 AAs 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. s25% 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 N Hydrographic Map ------------ 0+25 6� W s E Petty's Pond - Southold �q _Surveyed: 1.1-07-15 ,o q 00s Datum: IVILLW O�ys, 40' 0+75 I+25 ,`' o�� \X� Ib b �2 3 ° �1 2,. •2.1 -0 .�7 1+75 ` F9 oA� s, �e ti 6�,4c/5 0 2+00 \' .... o...., ------ 2+50 - t 0 et�Gyy O \�O 2+75 0�Ota ; 6/,F��'� `O �x _ `O> 3+00 N7 ----------- -0 S� IS 3+25 ?S \s� �S � z `.3?0 --- — :`• sr .3 �S S 3+50 3S S3 ``SS \ ` 61 ?) 25' Wide channel ?6 58 cut to -4.5 MLLW 1 v : 3h slopesTown ° -; .. _ Harbor �`�� ,S �6� `3 `� C €� approx 650 CYs _ .s- � !! `s •o �S \ '3 •S . 1 3 q OF ST N '�^`, . D EC - 7 2016 `�' j S° ,63 ,s9 69 Sout"Old Town ROBERT H. FOX NYS PLS#50197 ,a'i •II Pb Box#366 v F , Aquebogue NY 11931 Frost Road Associates,LP c/o John J. Nickles Channel leading into Petty's Pond,Southold SCTM#: 1000-66-3-14&15 4 x 1/10/17 i 1e " A"k ,- -� f c FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave ■ Southold ■ New York SCTM #: 1000—066—03—014 &015 (Photo taken on September 28, 2016) -til z 'f a ry a w Photograph indicating the entrance to the Petty's Pond Channel, and the area of the proposed dredging (blue shading), facing southeast. FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave■ Southold■ New York SCTM #: 1000—066—03—014&015 (Photo taken on September 28, 2016) P w R s Photograph indicating the area of the proposed dredging (blue shading), within the Channel to Petty's Pond, facing northwest. FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave■ Southold ■ New York SCTM #: 1000—066—03—014& 015 (Photo taken on September 28, 2016) Al IIII i �� I i v M �a e n F dX Photograph indicating the entrance to the Petty's Pond Channel, and the area of the proposed dredging (blue shading), facing northwest. FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave ■ Southold ■ New York SCTM #: 1000—066—03—014 &015 (Photo taken on September 28, 2016) e w. �w w rf ' 1 a' g p" v , No >u Photograph indicating the section of shoreline to receive the resultant dredge spoil (arrow). Photograph taken from the entrance to the Petty's Pond Channel, facing west. FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave ■ Southold■ New York SCTM #: 1000—066—03—014 &015 PROJECT SITE 4 ~� a, PROJECT SITE 3 77 2 �d N-) a0 6 el V IAV 12.2 Z4 'AMA(c) 18A(�) LL 0�, NOTICE COUNTY OF SUFFOLK K SECTION NO (2 E souTliom E Real Property Tax Service Agencyy G =t:�606 M A • PROPERTY MAP �7 Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President March 12,2017 Mr.John M. Bredemeyer, III, President Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: FROST ROAD ASSOCIATES, LP(c/o John J. Nickles) Property PROPOSED DREDGING Situate: Northeast of Arshamomaque Avenue •Southold • New York (Channel into Petty's Pond) Dear Mr. Bredemeyer, Enclosed herewith please find a check made payable to the Town of Southold in the amount of $50 in full satisfaction of the final inspection fee for the permit application referenced above and approved on February 15, 2017. Please forward requested permit at your earliest opportunity. Thank you in advance for your cooperation. urs truly, Bruce A.Anderson MAR 1 6 2017 o f t Cc. Frost Road Associates, LLC Sultho{d Town Board of;;+„tetis _J c f ` OFFICE LOCATION: �®v ® �® MAILING ADDRESS: Town Hall Annex �® �® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) S � �� Telephone: 631 765-1938 Southold, NY 11971 ® Fax: 631 765-3136 C®U ,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: January 13, 2017 Re: LWRP Coastal Consistency Review for FROST ROAD ASSOCIATES, LP, c/o JOHN J. NICKLES SCTM# 1000-66-3-14 & 15 Suffolk Environmental Consulting, Inc. on behalf of FROST ROAD ASSOCIATES, LP, c/o JOHN J. NICKLES requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge approximately 650 cubic yards of material within an area of the channel entering Petty's Pond; dredging to be done to a depth of-4.5'± MLLW (side slopes at 1:3); width of dredging to be 25.0'; dredging to be performed by typical clam-shell bucket; dredged material to be placed on beach located ±55' to the southwest, above the HWM, via typical front-end loader. Located: 2015 Arshamomaque Avenue & 1840 Frost Road, Channel leading into Petty's Pond, Southold. SCTM# 1000-66-3-14 & 15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the below listed Policy Standards and therefore is CONSISTENT with the LWRP provided that: 1. The Board assess the applicability of turbidity controls as specified in Chapter 275 Wetlands and Shoreline of the Southold Town Code to further Policies 5 and 6. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. O- S s Peter Young,Chairman to H Town Hall,53095 Main Rd. Lauren Standish,Secretary d P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1889 j* Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 11, 2017 the following recommendation was made: Moved by Greg Williams, seconded by Peter Meeker, it was RESOLVED to SUPPORT the application of JOHN J. NICKLES (FROST ROAD ASSOCIATES, LP) to dredge, with ten (10) years maintenance, approx. 650 cy. of material within an area of the channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to -4.5' MLW (side slopes 1:3). Width of dredging to be 25'. Dredging to be performed by typical clam-shell bucket. Dredged material to be placed on beach located 55' to the southwest, above the HWM, via typical front-end loader. Located: Northwest of Arshamomaque Ave., Southold. SCTM#66-3-14&15 Inspected by: Keith McCamy, John Stein, Peter Meeker Vote of Council: Ayes: All Motion Carried Cantrell, Elizabeth From: DiSalvo, Diane Sent: Friday,January 13, 2017 8:24 AM To: Cantrell, Elizabeth Subject: FW: Nickles (Frost Road Associates, LP) a/k/a Beixedon FYI From: Bruce Anderson [mailto:bruce@suffolkenvironmental.com] Sent: Thursday, January 12, 2017 7:34 PM To: DiSalvo, Diane Subject: RE: Nickles (Frost Road Associates, LP) a/k/a Beixedon Diane, We were unable to affect appropriate public notice (probably due to slow postal service). Please prepare and forward another poster setting the hearing for February's Trustee meeting. Thank you. Bruce 1 Town Hall Annex John M.Brederneyer 111,President Michael J. Domino,Vice-President 54376 Main Road P.O.Box 1179 James F.King,TrustooSouthold,Nmv York 11971-0959 Dave Bergen,Trustee 'Qcz Charles J,Sandem,Trustee Telephone(631)765-1992 Fax(631)766-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only -Coastal Erosion Permit Application X -Wetland Permit Application Administrative Permit Z Amendment/Transfer/Extension Received Application: Received Fee:$ 25-0,00 Completed Application: Incomplete: E C,, E SEQRA Classification: �i ) Type I Type II Un fisted- y !Z& I, I Coordination:(date sent) D EC - 7 2016 L/ LWRP Consistency Assessment Form:A CAC Referral Sent: 12,22.1& Date of Inspection: 1,10,17 Sotithold Town Receipt of CAC Report: Lead Agency Determination Technical Review, Public Hearing Held: cag��,-A/Y/1 Resolution: I Name of Applicant John J. Nickles (FROST ROAD ASSOCIATES, LP) Address P.O. Box 877 - Southold - New York - 11971 Phone Number: ( 631 ) 835 - 6092 Suffolk County Tax Map Number: 1000—066—03— 14& 15 Property Location: Northwest of Arsharnomaque Avenue - Southold - NY (Channel leading into Petty's Pond) (provide LELCO Pole#, distance to cross streets, and location) AGENT: Matt D. Ivans, Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box 2003; Bridgehampton,NY 11932 e1, Phone: (631) 537—5160 cc a C _ej I pq 117 Board of Trustees Application GENERAL DATA Land Area(in square feet): N/A (Project to take place within the channel leading into Petty's Pond and contain an area measuring 8, 750 square feet±) Area Zoning: N/A Previous use of property: N/A (Petty's Pond Channel) Intended use of property: N/A (Petty's Pond Channel) Covenants and Restrictions: 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 a 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 No N/A Prior permits/approvals for site improvements: Agency Date Dept. of Army Corps of Engineers May 16, 2002 New York State Dept. of State September 20, 2001 Board of Southold Trustees May 1, 2001 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Applicant proposes to dredge, with ten (10) years maintenance, approximately 650 cubic yards + of material within an area of the Channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to -4.5' ± MLLW (Side Slopes @ 1:3). Width of dredging to be 25.0'. Dredging to be performed by typical clam-shell bucket. Dredged material to be placed on beach located 55.0' ± to the southwest, above the HWM, via typical Front-End Loader. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed operations: Maintain existing channel from Petty's Pond to Southold Town Harbor to enable boat utilization of the channel. Area of wetlands on lot: N/A (Area of proposed dredging: 8,750 sq. ft.) square feet Percent coverage of lot: 100.0± Closest distance between nearest existing structures and upland edge of wetlands: 0.0± feet (bulkheading) Closest distance between nearest proposed structures and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 650± (cubic yards) How much material will be filled? N/A (cubic yards) Depth of which material will be removed or deposited: -4.5 feet (MLLW) Proposed slope throughout the area of operations: Max slopes @ 1:3 Manner in which material will be removed or deposited: Dredge spoil to be deposited on beach 55' to southwest. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): No impact to the wetlands are anticipated from the maintenance dredge in that this activity has been routinely approved by this Board and performed within this channel without any substantial impact to the immediate environment. Board of Trustees Application COASTAL EROSION APPLICATION DATA N/A Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) so 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing 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 io 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 Name of Action or Project: FROST ROAD ASSOCIATES,LP Property(c/o John J Nickles) Project Location(describe,and attach a location map): Arshamomaque Avenue,Southold,New York Brief Description of Proposed Action: Applicant proposes to dredge,with ten years maintenance,approximately 650 cubic yards of material in an area of excess sediment within the ,channel to a maximum depth of-4 5'below mean low low water Dredged material to be placed on a beach located 55't to the southwest, above the HWM Siltation fence and haybales will be utilized to prevent runoff Name of Applicant or Sponsor: Telephone: (631)537-5160 Matt D Ivans-Suffolk Environmental Consulting, Inc E-Mail: mdivans@optonline net Address: P O Box 2003 City/PO: State: Zip Code: Bndgehampton NY 11932 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 ❑✓ ❑ 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: ❑ ❑ Army Corps of Engineers Authorization,New York State Department of State General Concurrence,New York State Department of Environmental Conservation. 3.a.Total acreage of the site of the proposed action? 2 0+/-(Pond) acres b.Total acreage to be physically disturbed? <0 2 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 2 0'+/-(Pond)acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) [:]Industrial ❑Commercial m Residential(suburban) ❑Forest ❑Agriculture mAquatic El Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑✓ ❑ 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? ❑ ❑✓ 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: ❑✓ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑✓ ❑ 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: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ N/A FV1 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ N/A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places9 ❑✓ ❑ b. Is the proposed action located in an archeological sensitive area? ❑✓ ❑ 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? ❑ WL b.Would the proposed action physically alter, or encroach into,any existing wetland or waterbody? ❑ ❑✓ If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: The proposed dodging would be performed within the channel leading into Petty's Pond(8 75+50 square feet) 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: W]Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional m Wetland ❑Urban m Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? ❑✓ ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, E]a. Will storm water discharges flow to adjacent properties? ®NO EJYES 71 b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ®NO ❑YES Page 2 of 4 so 00 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 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: ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Mavans-Suffolk Environmental Consulting,Inc Date: November 2,2016 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 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 Q 1:1regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? [2 ❑ 3. Will the proposed action impair the character or quality of the existing community? 1Z ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a. public/private water supplies? b.public/private wastewater treatment utilities? ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 00 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage Elproblems? 191, 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an nvironmental impact statement is required. Check this box if you have determined,based on the information and analysis above, and any supporting documentation, "'------bbb���"' that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type ame of ResponsibleO face in Lead Agency Title of Responsible Officer Signa r f po s'b e facer m Lead gency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 00 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK Elizabeth G. Anderson,residing at Suffolk Environmental Consulting, Inc, P. O. Box 2003,Brid eg hampton, NY 11932,being duly sworn, deposes and says that on the 6th day of November 2015, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by CERTIFIED MAIURETURN RECEIPT. Sworn to before me this Day of , 20 Notary Public so • 0 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: BEIXEDON ESTATES (c/o John J. Nickles) SCTM# 1000-066-03-014 & 015 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to conduct regulated activities: Applicant proposes to dredge, with ten (10) years maintenance, approximately 650 cubic yards+of material within an area of the Channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to-4.5' ±MLLW (Side Slopes @ 1:3). Width of dredging to be 25.0'. Dredging to be performed by typical clam-shell bucket. Dredged material to be placed on beach located 55.0' ± to the southwest, above the HWM, via typical Front-End Loader. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Northeast of Arshamomaque Avenue - Southold - New York (Channel into Petty's Pond). 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: 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: John J. Nickles MAILING ADDRESS: P.O.. Box 877 • Southold • New York• 11971 PHONE #: 631-835-6092 AGENT: Matt D. Ivans @ Suffolk Environmental Consulting, Inc. MAILING ADDRESS: P. O. Box 2003, Bridgehampton, NY 11932 PHONE #: 631-537-5160 Enc: Copy of sketch or plan showing proposal for your convenience. 00 Board of Trustees Application County of Suffolk State of New York John J. Nickles BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature No j��' SWORN TO BEFORE ME THIS � DAY OFIII � 20If. /Nfotary Public Matthew D (vans Notary Pill)h of New York No. 0 i V60538i,)9 Qualified in Suffolk County Commission Expires January 22, 20 17 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, John J. Nickles residing at P.O Box 877 • Southold • New York • 11971 does hereby authorize Suffolk Environmental Consulting Inc. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. 2k� (Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: John J. Nickles (Last name, first name, middle initial,unless you are applying in the name of someone else of other entity, such as a company. If so,indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other," name the activity.) Do you personally(or through your company, spouse, sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest. "Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater then 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this v9 da of Worm • 201 �s N/1atthew D Ivans Signature r Nota, NIA( of Npvj York f"oQ1l' 6C ,,"59 Print name .3_. 1 LOLL. Ou?'HIE.d ire SuIolk Gounty Commissio„ Ealn es Januar. 22, 20(7 Form TS 1 I PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: 1 See attached I STATE OF NEW YORK COUNTY OF SUFFOLK Bruce A.Anderson,residing at Suffolk Environmental Consulting, Inc,P. O. Box 2003, Brid eg hampton,NY 11932,being duly sworn, deposes and says that on the 3rd day of February,2017,deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Office at Bridgehampton,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this /y," Day of +EaiW , 20 17 —/%gNotary Public Matthew D. ivans Notary Publ r of New York No 010"6053'-'59 QuaLfled in Sutfolk County Commission Expes January 22, 20#1 .f FROST Road Associates, LP c/o John Nickles 1000-56:3-5 Erich and Herman Haesche 59405 Main Rd Southold,NY 11971 1000-56.-5-1.3 DEKKA LLC PO Box 726 Southold,NY 11971 1000-56.-2-11 Grace R.Lewis PO Box 877 Southold,NY 11971 56.-2-12 John J.Nickles PO Box 877 Southold,NY 11971 1000-56.-2-13 Frost Road Assoc LP PO Box 877 Southold,NY 11971 1000-56.-2-14 John J.Nickles 59180 Main Rd Southold,NY 11971 1000-56.-2-15 Frost Road Assoc LP John J.Nickles PO Box 877 Southold,NY 11971 1000-56.-2-16 Jeanne M.Priola and Mark A.Brent Box 1499 Southold,NY 11971 1000-56.-2-17 Lista M Cannon and Kathryn A.Campbell c/o Jere V Jacob 975 Inlet Ln Ext. Greenport,NY 11944-2435 I 1000-66.-3-1 Lista M Cannon c/o Jere V Jacob 975 Inlet Ln Ext. Greenport,NY 11944-2435 1000-66.-3-2 Lista M Cannon c/o Jere V Jacob 975 Inlet Ln Ext. Greenport,NY 11944-2435 1000-66.-3-3 Robert and Johanna Morris 150 Land Ln Westbury,NY 11590 1000-66.-3-4 Thomas and Rebecca Lucak 885 Arshamomaque Ave Southold,NY 11971 1000-66.-3-5 Barbara A.Brunjes Rvc Trust P.O.Box 161 Southold,NY 11971 1000-66.-3-6 Angela Klavas PO Box 1875 Southold,NY 11971 1000-66.-3-7 William Frank 2 Celan Ln West Islip,NY 11795 1000-66.-3-8 Barbara Strokoff PO Box 776 Southold,NY 11971 1000-66.-3-16 David and Valerie Cichanowicz PO Box 160 Peconic,NY 11958 1000-66.-3-9 Andrew T.Lagrega Liv Trust PO Box 990083 Boston,MA 02195 'r 1000-66.-3-10 John J.Nickles PO Box 56 Southold,NY 11971 1000-66.-3-11 Scott Esslinger and Gayle D.Lanctot 1308 Red Rambler Rd, Jenkinown,PA 19046 1000-66.-3-12 Richard J.and Antoinette L Rizzi PO Box 83 Southold,NY 11971 1000-66.-3-13 Frost Road Associates LP PO Box 877 Southold,NY 11971 1000-66.-3-14 Frost Road Assoc LP and John J.Nickles PO Box 877 Southold,NY 11971 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: BEIXEDON ESTATES (c/o John J. Nickles) SCTM# 1000-066-03-014 & 015 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to conduct regulated activities: Applicant Proposes to dredge, with ten (10) years maintenance, aPProximately 650 cubic yards +of material within an area of the Channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to-4.5' ±MLLW (Side Slopes @ 1:3). Width of dredging to be 25.0'. Dredgingto o be performed by typical clam-shell bucket. Dredged material to be placed,on beach located 55.0' ± to the southwest, above the HWM, via typical Front-End Loader. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Northeast of Arshamomaque Avenue - Southold - New York (Channel into Petty's Pond). 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: 1 S —�•� t 7 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: John J. Nickles MAILING ADDRESS: P.O. Box 877 • Southold • New York • 11971 PHONE #: 631-835-6092 AGENT: Matt D. (vans @ Suffolk Environmental Consulting, Inc. MAILING ADDRESS: P. O. Box 2003, Bridgehampton, NY 11932 PHONE #: 631-537-5160 Enc: Copy of sketch or plan showing proposal for your convenience. 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Sanders ; � _ P.O.Box 1179 Glenn Goldsmith ;r Southold,NY 11971 A.Nicholas Krupski ,�Cl p�`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 FROST ROAD ASSOCIATES, LP, c/o JOHN NICKLES COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE ?2Lzj( A , AVOf �p SUFFOLK ENVISONIV(ENTALCONSULTING,INC. I [0N residing at/dba� �Or ESIOGEMIAPTON,NY 11932-2003 being duly sworn, depose and say: That on the 5 —'day of V-Ajv-'"v"> , 2017, I personally posted the property known as -';Fn.cas A `RIC•-� Pr-s s o "»4-e-j L C_ (- by 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. 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OWNER(S) OF RECORD: FROST ROAD ASSOCIATES, LP, C/O JOHN NICKLES SUBJECT OF PUBLIC HEARING: For a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge approximately 650 cubic yards of material within an area of the channel entering Petty's Pond; dredging to be done to a depth of -4.5'± MLLW (side slopes at 1 :3); width of dredging to be 25.0'; dredging to be performed by typical clam-shell bucket; dredged material to be placed on beach located ±55' to the southwest, above the HWM, via typical front-end loader. Located: 2015 Arshamomaque Avenue & 1840 Frost Road, Channel leading into Petty's Pond, Southold. SCTM# 1000-66-3-14 & 15 TIME & DATE OF PUBLIC HEARING: Wednesday, February 15, 2017 — 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 NOTICE OF HEARINGI NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: FROST ROAD ASSOCIATES, LP, c/o JOHN J . NICKLES SUBJECT OF PUBLIC HEARING : For a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge approximately 650 cubic yards of material within an area of the channel entering Petty's Pond; dredging to be done to a depth of -4.5'± MLLW (side slopes at 1 :3); width of dredging to be 25.0'; dredging to be performed by typical clam-shell bucket; dredged material to be placed on beach located ±55' to the southwest, above the HWM, via typical front-end loader. Located: 2015 Arshamomaque Avenue & 1840 Frost Road, Channel leading into Petty's Pond, Southold. SCTM# 1000-66-3-14 & 15 TIME & DATE OF PUBLIC HEARING : Wednesday, January 18, 2017 — 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 Form TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 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 explained in detail,listing both supporting and non- supporting facts.. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# - - N/A The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant Proposes to dredge, with ten (10) years maintenance, approximately 650 cubic yards + of material within an area of the Channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to -4.5' ± MLLW (Side Slopes @ 1:3). Width of dredging to be 25.0'. Dredgingto o be performed by typical clam-shell bucket. Dredged material to be Placed on beach located 55.0' ±to the southwest, above the HWM, via typical Front-End Loader. 40 0* Location of action: Northeast of Arshamomaque Ave-Southold-New York Site acreage: N/A(Channel leading into Petty's Pond) Present land use: N/A(Channel leading into Petty's Pond) Present zoning classification: N/A (Channel leading into Pettv's Pond) 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: John J.Nickles (b) Mailing address: P.O.Box 877■New York■ 11971 (c) Telephone number: Area Code( 631 ) 765 -3416 (d) Application number, if any: N/A Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency?Army Corps of Engineers,NYS Dent.of Environmental Conservation,NYS Dept.of State DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable Such proposed maintenance through dredging to maintain navigation through this existing channel would allow the coastal area to continue to benefit the residents occupying the waterfront land along Petty's Pond out to Southold Town Harbor. Consequently, we believe that this project is compliant with this Policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subiect lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LM MP Section III—Policies Pages 5 through 7 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Maintenance shall be underwater, thus any changes will not be visible. Therefore, for the proposed maintenance this policy is not applicable. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life,structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to this Policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to this Policy. }• i rya Attach additional sheets if necessary !;_~ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subiect proposal is not applicable to this Policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to this Policy. Attach additional sheets if necessary Policy 8.Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to this Policy. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 through 46 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Proposed dredginq maintenance would allow the channel existing to be utilized by boaters to enter and exit Petty's Pond from Southold Town Harbor. By allowing more recreational access, subject proposal satisfies this Policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subiect proposal is not applicable to this Policy. Attach additional sheets if necessary t - Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to this Policy. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to this Policy. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to this Policy. Attach additional sheets if necessary Created on 5/25/05 11:20 AM I Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Hand Delivered � Z_- F December 6, 2016 ULU 7 2016 Mr.John M. Bredemeyer, III, President Board of Trustees � So„Njld Town ` Town Hall L... —LUV1 of Ti P.O. Box 1179 Southold, NY 11971 Re: FROST ROAD ASSOCIATES, LP (c/o John J.Nickles) Property PROPOSED DREDGING Situate: Northeast of Arshamomaque Avenue■ Southold. New York (Channel into Petty's Pond) Dear Mr. Bredemeyer, This Firm represents the owners of the above referenced property, who are seeking approval to maintenance dredge the channel leading into Petty's Pond. In that approval is required from your Board, please find enclosed: (1) Town of Southold Trustees Wetlands Permit Application (original and three [3] copies); (2) Town of Southold Local Waterfront Revitalization Program Application (four [4] sets); (3) Short Environmental Assessment Form (four (4) copies); (4) Location Map for reference (four [4] copies); (5) Photographs of the site indicating current conditions thereon (four [4] sets); (6) Project Plans, as prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., dated November 2, 2016, indicating the project specifications (four [4] sets); (7) Hydrographic Survey, prepared by ROBERT H. FOX, dated November 7, 2015 (four [4] prints); and (8) Check made payable to the "Town of Southold" in the amount of $250.00 to cover the requisite application fee. Kindly review these items and schedule for the next available Board of Trustees' meeting at the earliest opportunity. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans attach. cc: J. Nickles