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HomeMy WebLinkAboutMassab, Ronald osu�Fot,� James F.King,President Oti 104GP.O Box 1179 Jill M.Doherty,Vice-President Southold,NY 11971 Peggy A.Dickerson Telephone(631)765-1892 Dave Bergen �. +w Fax(631)765-6641 Bob Ghosio,Jr. Southold Town Board of Trustees Field InspectionMlorksession Report Date/Time: I— _6 RONALD MASSAB requests a Wetland Permit to maintain the existing catwalk, ramp and floating dock. Located: 3265 Park Ave., Mattituck. SCTM#123-8-22.4 i Typ of area to be impacted: altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland j2�.275 own Code propose�,work falls under: Chapt/- wetland 1,11 other Type of Application: _Coastal Erosion _Amendment —Administrative—Emergency Pre-Submission Violation Info needed: <14 D, car -W drte. Modifications: Conditions: Present Were: _J.King _J.Doherty_P.Dickerson D. Bergen_ B.Ghosio, D. Dzenkowski Mark Terry_other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- O d. 6'• 9 ' 40, Al 00 ti �co R O � ti N All- C.Q C.Cb s °° h k� v � Q � k\\ deo 00 eV -- �� ,. ai a. ►9 S A � �� '�•r�p „� r / O c'q � oVL SURVEY OF PROPERTY ' oc ff `� AT MATTITUCK TOWN OF SOUTHOL D I _ '. 0 °000SUFFOLK COUNTY , N. Y . LOT NUMBERS REFER - 1000 123 - 08 - P/0 22.1 TO "MAP OF MARRATOOKA o, POINT ". FI LED MAR. •9 , 1927 "4,T"� SCALE 1 � = 30 ' IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 331. ,IAN. 8 , 198 7 March 7, 1991(update) CERTIFIED TO : LANDS FIRST AMERICAN TITLE ,INSURANCE �p COMPANY OF NEW YORK nnFT `F� TITLE NO. 600 - S - 7855 EAGLE ABSTACT CORP. 10 CITIBANK N.A., its Successors & or * Assigns I Y.S. LIC. NO. 49618 PHLIP MOTTOLA �o (516 0 EYORS, P.C. P. O. BOX 909 MAIN ROAD SOUTHOLD, N. Y. 11971 86 - 827 - 1 o sRo cq ��.o O 1$01 Q/ .A 5 � i d°�K lb +� Q - N d ' Co 0 O G y�c 00 jecl � v � 17� Q\ o Sh�"j°r ry \�Q�e, (10 � y aj - �/Uc F3 . 'q 40`x. 0 SURVEY OF PROPERTY AT MATTITU C K R d"t TOWN OF SOUTHOL D SUFFOLK COUNTY , N. Y . LOTNUMBERS REFER ' "MAP OF MARRATOOKA 00 y 1000 — 123 — 08 P/0 22.1 Q, \ POINT ". FI LED MAR. 9 , 1927 " SCALE 1 = 30 ' IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 331 JAN. 8 1987 March 7, 1991(update) CERTIFIED TO : _ ILAND FIRST AMERICAN TITLE ,INSURANCE �® COMPANY OF NEW YORK nn�r?�F L��. TITLE NO. 600 - S - 7855 EAGLE ABSTACT CORP. CITIBANK N.A., its Successors & or Assigns PHILIP MOTTOLA Y.S. LIC. NO. 49618 (516 0 EYORS, P.C. P. O. Box 909 MAIN ROAD SOUTHOLD, N. Y. 11971 86 - 827 - 7 � � � , . � j � r 4 � � ���� �, � ,: � �;..a. � � f t q t � �t. 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Dickerson Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio,Jr. �O Telephone(631)765-1892 COU�'�� Fax(631)765-6641ce s � BOARD OF TOWN TRUSTEES Fees S vim" TOWN OF SOUTHOLD w'5►dC��/ 5 TO: 0000 -Maha (- Please be advised that your application dated /?' 0 t has been reviewed by this Board at the regular meeting of d- 0° and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project W1 I1O&S 5ec"IN'71 `+ 090csed SLLWN Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 st Day of Construction ($50.00) % Constructed ($50.00) Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The 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: alai 1(3 9 kM(Onf-'� tt TOTAL FEES DUE: $ q-&M-Li W1 0'LW CLI Scrip bK 'L'T' BY: James F. King, President Board of Trustees L Board of Trustees 18 January 21, 2009 TRUSTEE KING: I think so. And see where they are with the DEC on this. Because I hate for us to do something then they go to another agency and it's all changed, you know. TRUSTEE BERGEN:Sure. TRUSTEE KING: It used to be,a tittle easier when we did the joint inspections, but they are not being done anymore. TRUSTEE DOHERTY: I'll make a motion we table this so we can speak to the applicant about it and just inform them of what has been discussed,then they can make their decision how they want to'proceed. TRUSTEE KING: Second? TRUSTEE DICKERSON: Second. TRUSTEE KING:All in favor? (ALL AYES.) TRUSTEE DICKERSON: Number two, RONALD MASSAE requests a Wetland Permit to maintain the existing catwalk, ramp and floating dock. Located: 3266 Park Avenue, Mattituck. The LWRP review is inconsistent,and portions of it read,the existing docking facility is comprised of three 6x20'sections of floating dock pursuant to 275-11. If any part of a residential dock structure includes a float,the float shall be designed so that it is no longer than six foot wide and 20 feet long. Furthermore, during site inspection of the subject docking facility it was observed a portion of the floating dock was sitting on the bottom land. No part of the floating dock will contact the bottom land during normal low tide pursuant to 275-11. We had quite a bit of discussion with this with Scott Hilary,whose comments I just read. And also I believe, Jim,you also had some comments on this, because you had looked at it. TRUSTEE KING: Its difficult. It's been there for so many years. TRUSTEE DICKERSON:Yes,this is pre-existing. TRUSTEE KING:See,what they have done,they have the two 6x20 floats going perpendicular to the shoreline to get out into the deeper water,where it would be better if the fixed catwalk was extended with a ramp down to a single 6x20. They have the same thing but they do away with the two floats sitting on the bottom. Which would help. But, I don't see a measurement on the length either. There is a wood walkway*om the house to the catwalk. Do we have a profile or;anything like that? TRUSTEE DICKERSON: I don't think so. TRUSTEE DOHERTY-Why don't you ask if there is anyone here. TRUSTEE DICKERSON: Is there anyone here tonight? MR. MASSAB: Yes, Ronald Massab. TRUSTEE KING:What's the length of the catwalk itself? Board of Trustees 19 January 21, 2009 MR. MASSAB: I believe it's 75 feet. TRUSTEE KING: 75. You are sure? MR. MASSAB:Yes. TRUSTEE KING:And the wooden catwalk,walkway from the deck to the catwalk? MR. MASSAB: Is 18 to 20 feet. I tried to measure it in the snow. TRUSTEE KING: I'm going to try and scale some of this off here. MR. MASSAB: I believe with the scale is 144 feet from the deck to the end of the two 20-foot floats. The straight verticals. TRUSTEE KING:You are saying the catwalk itself is 75? MR. MASSAB:Yes. TRUSTEE KING:And that makes the walkway 60 feet from the steps of the house,to the catwalk is 60 feet. MR. MASSAB:There is a ramp going up. It's not 60 feet to the walkway. TRUSTEE KING: So you have a ramp going up from the walkway up. MR. MASSAB: I think that's ten feet. TRUSTEE KING: I wish we had a profile drawing. You don't know how long the ramp is? MR. MASSAB:The ramp is ten feet going up. TRUSTEE KING:Ten feet. So that makes about 45 feet. TRUSTEE DOHERTY:This is another float here. This is two floats. TRUSTEE KING:Wait a minute. This doesn't look right. Something doesn't look right. TRUSTEE DOHERTY: It goes out. It's a wood ramp, catwalk, float. You have another ramp and a float, and a float and a float. Here is the-- TRUSTEE KING: If that's the case, it shows the catwalk being 30, 35 feet long. The catwalk is more than 35 feet. TRUSTEE DOHERTY:Yes, he said it's 75. TRUSTEE KING: If this is a float and that's a float, then this would be the end of the catwalk, right? TRUSTEE DOHERTY:Yes, and that probably extends— measure the catwalk 75 feet this way and the rest is the ramp and the walk. TRUSTEE KING: That doesn't work. TRUSTEE DOHERTY:Where is the 75 feet? TRUSTEE KING: Right through here. TRUSTEE DOHERTY:This is 75 feet? TRUSTEE KING: Yes. That makes that 15 feet. And the walkway is a lot more than 15 feet. Something doesn't jibe. TRUSTEE DICKERSON: Do you want to look at it again? Because 1 didn't see it. Bob didn't see it. I think it was just you and Jill. Did you see it Bob? TRUSTEE GHOSIO: No. TRUSTEE DICKERSON: I know, here is a picture right here. TRUSTEE KING: Do we have an aerial in there? Board of Trustees 20 January 21, 2009 TRUSTEE DOHERTY:That's what we have. Here is the catwalk from here to here. TRUSTEE KING:That's fairly substantial. TRUSTEE DOHERTY:Then there is a ramp and float,float, float. And here is the walkway. TRUSTEE DOHERTY:Then here is the ramp here. TRUSTEE KING: Here is your high water mark. The dock is out here. This shows the dock is ending at the high water mark. So there has been a little extension from what this shows, from the way it looks. TRUSTEE DOHERTY: Here is the ramp up that he's talking about. You're right. It starts here and then it goes all the way out. TRUSTEE GHOSIO:So on the drawing and what is in the field is two different things. TRUSTEE DOHERTY: The drawing doesn't reflect what is in the field. That's the problem we are having. MR. MASSAE: May I just say that I bought this house in the year 2000. It was a foreclosure. I bought it through a bank with, by a bank,with a State Supreme Court looking over because it was an adversarial suit with the referee. So it really was under supervision. And this dock was the way it was. And that's how it went through. I refinanced three times,this house, and this didn't come up. Now I'm having some financial fatigue and I have the house up for sale and someone has offered to buy it. And so they want a legal dock, you know, a dock with a permit. So I came down to see if there was a permit because I assumed maybe there was,with all the clearances. TRUSTEE KING: I don't think we could find any permits at all for all. MR. MASSAB: I didn't. TRUSTEE KING:That's some of the problem. MR. MASSAB:And I called Parker Wickham,who actually owned the home and built it years ago. He said,oh, that dock has been there for 40 years. I said do you have any aerial views. Because he flies. He said I'll look it up. But he's not of great health right now and it was hard. But that dock has been there for a long time. And I want to make it comply. TRUSTEE KING:That's our goal is to try and provide the dockage but make it a little more compatible with the way we do things today. MR. MASSAB: I understand. TRUSTEE KING: I would like to take a look. TRUSTEE BERGEN: Is there an opportunity to permit it in as is with the condition, such as we have already done once tonight,with the condition that when any repairs are done, it's brought into compliance with current code? TRUSTEE DICKERSON: Except that we want a survey that shows what is actually there_ Because that's one of the dilemmas we are finding. Board of Trustees 21 January 21, 2009 TRUSTEE BERGEN: Okay. TRUSTEE KING:We can probably measure it up. TRUSTEE DOHERTY: Because he wants to go to closing. Can we approve it subject to a proper survey? Then he doesn't get the permit until we get the proper survey. This way if he can get it all done before the next meeting, he can come in, review it and just stamp it. TRUSTEE GHOSI0:And also with the condition when it's to be repaired and rebuilt, it is brought up to code. TRUSTEE DOHERTY: Right. Because we all know it's there. It is what it is. We just have to get it correct on the paper so the records are right. TRUSTEE KING:We have to stipulate no work can be done on it as is. Because once you have a permit you can do repairs without anything. TRUSTEE DOHERTY: If we give the approval tonight,it will be subject to receiving the information. So he won't get his permit until the information is correct. And if that takes two months,then it takes two months. If it takes two weeks, it takes two weeks. TRUSTEE DICKERSON:So we can approve subject with receiving the new survey and condition it that it can't be repaired or rebuilt until it's brought into conformity. That way you are controlling what is there and what will be there in the future and doesn't hold him up. MR. PUCCIO: I'm Chuck Puccio. I'm actually representing the person who is going to be buying this. We were supposed to,assuming we would get, not the permit as it is, he wants to take those two floats off and make it a regular catwalk and comply. TRUSTEE KING:You are reading my mind. That would be the right way to do it. Extend the fixed catwalk and have a ramp down to a 6x20'float. MR. PUCCIO:As far out as that dock goes he wants to make sure his boat fits there. TRUSTEE KING: He wants the water depth. I understand that. TRUSTEE DOHERTY:So if we approve that tonight subject to receiving a new survey,why don't we just do that? MR. PUCCIO: Can we still go to contract and close ASAP? Basically what he we wants to do, if he does any work, he wants to do it to comply. He wants to make sure this'dock is legal as itself and moving forward he obviously has to make this comply with the fiberglass and everything. TRUSTEE DICKERSON:And do the new subject to survey. Because they'll still get the permit. TRUSTEE KING: Approve that subject to a set of plans showing the fixed catwalk with the ramp and float. That's fine. That's all we are trying to do. Then you have a legal structure that conforms to today's standard. MR. MASSAB: Can you clarify that again? • 22 Januar 21 2009 Board of Trustees Y TRUSTEE DICKERSON:What we wanted to see is the longer catwalk with the one 6x20. So because that's what the new owner would like,we are going to approve a permit for that subject to getting new surveys. So as soon as the survey comes in showing that,then you have the permit. MR. MASSAE: Survey showing what it is right now? TRUSTEE KING: No,we want to see a set of plans for the new construction, both top down view and profile of it showing the length of the new fixed catwalk, say what size ramp,whatever you'll use, probably 16 or 20-foot ramp down to 6x20 float with two piles holding the float in place, two eight-inch piles holding the float in place. That's what we would go with today if you were to come in for a new dock in that location. And I think that would simplify things and gets those two floats off the bottom. MR. PUCCIO: Basically a catwalk down to the end and "T" floater. TRUSTEE KING:Yes. TRUSTEE DOHERTY: Or you could go straight out. TRUSTEE KING: Give him the'T". MR. PUCCIO: If you go straight out, it goes more into the channel. That channel is not that wide. TRUSTEE KING:You basically have an"L"configuration now. Replace the"L"with a"T." This is too simple. Everybody is agreeing. TRUSTEE DICKERSON: I'm going to make a motion to close the hearing. TRUSTEE GHOSIO:Second. TRUSTEE KING:All in favor? (ALL AYES.) TRUSTEE DICKERSON: I'll make a motion for a Wetland Permit for Ronald Massab for a catwalk, ramp and one 6x20 float subject to receiving new plans and— TRUSTEE KING: Do you want to keep the walkway from the house to the catwalk? TRUSTEE BERGEN: i would include that in it and let the new owner decide whether or not he wants to maintain it or change it. TRUSTEE DICKERSON:To include the walkway from the building to the catwalk. TRUSTEE KING: If it's replaced, it's to be non-treated lumber or plastic or grated material. MR. MASSAB: Okay. TRUSTEE DICKERSON:And this would bring this application into consistency with LWRP, because originally it was inconsistent. Now we shortened it so it would make it consistent with LWRP. That would be my motion. TRUSTEE KING: Second. All in favor? (ALL AYES.) TRUSTEE DICKERSON: Thank you. z OFFICE LOCATION: '� ' MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 �Q$�ffU(��,0 Southold,NY 11971 Main Rd.&Youngs Ave. Telephone: 631765-1938 Southold,NY 11971 Fax: -631765-3136 0 N Z LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King,President Town of Southold Board of Trustees F � � From: Mark Terry,LWRP Coordinator JAN 2l` Scott A.Hilary,LWRP Coordinator r 2009 Date: January 12,2009 QoardO , Of TrU e Re: Chapter 268,WATERFRONT CONSISTENCY REVIEW Wetland Permit for RONALD MASSAB SCTM#123-8-22.4 RONALD MASSAB requests a Wetland Permit to maintain the existing catwalk,ramp and floating dock.Located: 3265 Park Ave.,Mattituck. SCTM#123-8-22.4 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 LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees pursuant to &275-11. §275-11 Construction and operation standards. (2) Docks. [101 Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind withoutfull review and approval by the Trustees. The exitin docking facility is comprised of three 6 X 20 foot sections of floating dock. Pursuant to 4 275-11 if any part of a residential dock structure includes a float,the float shall be designed so that,it is no larger than six feet wide and 20 feet long. Furthermore,during a site inspection of the subiect docking facility,it was observed that a portion of the floating dock was sitting on the bottomland. No part of the floating dock will contact the bottomland during a normal low tide pursuant to 4 275-11. §275-11 Construction and operation standards. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (2) Docks. (c) Regulations for the placement and configuration of docking facilities. [I] Residential docks. [b] If any part of a residential dock structure includes afloat or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [ii] No part of the floating dock will contact the bottomland during a normal low tide. The applicant has not demonstrated that the following dock standards have been met pursuant to&275-11 Construction and operation standards have been met. §275-11 (2) Docks. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [11 Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating,fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [101 Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The pre-existing/non-conforming .king structure currently does not allo,, r a public a passing way on the upland to enable persons to pass and repass around said dock or by steps or ramp pursuant to 4 275-11 Construction and operation standards. §275-11 (2) Docks. [9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five feet in width,to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. The application is deficient in information(design,materials,water depth)to adequately assess the function and/or use of the dock structure pursuant to 4 275-6 Application. 4 275-6 Application. A. Contents of application.A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions,pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11- 2005 by L.L. No. 17-2005] (8) Such application shall be accompanied by a survey and topographical map, created no more than one year prior to the date of application, with contours at two foot intervals,showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registeredprofessional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. [Amended 10-11-2005 by L.L. No. 17-20051 The preexisting/non-conforming dock is in Deep Hole Creek a Critical Environmental Area nominated by the Town of Southold as worthy of protection,see Critical Environmental Areas�275-2 Definitions below.Actions proposed in a Critical Environmental Area may be subiect to more stringent requirements pursuant to�275-11 Construction and operation standards. §275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS--All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. §275-11 Construction and operation standards. (7) Critical environmental areas.At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations,shortening or reducing the size of structures, and increasing the width of nondisturbance buffers. In the event that a docking facility is approved in this location,the following BMP's(design standards) are recommended: 1) Use grid decking having greater than 50% light penetration(irradiance)to the substrate. 2) Low profile catwalk 2 feet above MHW and grade over vegetated wetlands. 3) The dock structure at its terminus must achieve a minimum of 2.5 feet at MLW. 4) Prohibit the use of""'Jing materials containing CCA, creosote, r�-tta or homemade wood preservative products. �7 5) Design standards allowing for the pass and re-pass by the public for accessing trust lands,public waters and the foreshore. 6) Minimize the size of the docking structure to the greatest extent practicable: a. to provide for reasonable access to the water body. b. to minimize the loss of navigable waters and use of underwater lands. c. to minimize the fragmentation, impairment and physical loss of wetland habitat. If the agency,Board of Trustees makes a contrary determination of consistency,the agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chanter 268 Waterfront Consistency Review. §268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards. Pursuant to Chapter 268,the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. "l j � ! Donald Wilder,Chairman y Town Hall,53095 Main Rd Lauren Standish,Secretary P.O. Box 1 179 Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 14, 2009, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of RONALD MASSAB to maintain the existing catwalk, ramp and floating dock. Located: 3265 Park Ave., Mattituck. SCTM#123-8-22.4 Inspected by: Peter Young The CAC Supports the application with the Condition all future repairs comply with best management practices, ie. open-grate decking and non-treated lumber. Vote of Council: Ayes: All Motion Carried James F. King, President ��OF soyo Town Hall Jill M. Doherty,Vice-President �O l0 53095 Route 25 ,�y P.O. Box 1179 Peggy A. Dickerson `! Southold,New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. Telephone(631)765-1892 �ly`OUN � Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application Wetland Permit Application Administrative Pernut _Amendment/Transf '/E t ns'on /Rec eived Application: cZ U Ceived Fee:$ °/ I (�►C Q ,/Completed Application 0$ _Incomplete DEC _SEQRA Classification- Type 8 2�D8 Type I Type II Unlisted Coordination.(date sent) soU -L-VW Consistency Assessment Form c�-� ®oardhhatd Towq .,ICAC Referral Sent: ajTrustae$ .-Date of Inspection: _Receipt of CAC Report: _Lead Agency Determination- Technical Review. ✓Public Hearing Held: a Q Resolution: Name of Applicant AOr\a Id &e�j a �y�SGP Address ® 1 J U >� c® wl arc l 6 Phone Number:( ) ��� fo — �J (� —`-C 96 7 Suffolk County Tax Map Number: 1000 - la 3 — &— �/ Property Location: 3 J P�rk Aye, 11ja �� G z� CC�rS (provide LILCO Pole#, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: I ird of Trustees Applicatia GENERAL DATA Land Area (in square feet): ale 115-7o Area Zoning: - o Previous use of prop city: Sy: Ie we- ����► Intended use of property: M e Covenants and Restrictions: Yes No If"Yes",please provide copy. Prior permits/approvals for site improvements: Agency �c 4 Az a/67 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary): / AI#1 )01'rl -ex )S //#76 Ga�wof IlK PG rr►,b ��o �, =fLrd of Trustees Applicatici' WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of thep ro osed operations: e P p Area of wetlands on lot: O 490 square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: +/— -70 feet Closest distance between nearest proposed structure and upland edge of wetlands: &/,# feet Does the project involve excavation or filling? YNo Yes If yes, how much material will be excavated?cubic yards How much material will be filled? A11A cubic yards Depth of which material will be removed or deposited: Al/A feet Proposed slope throughout the area of operations: /UDR Manner in which material will be removed or deposited: /V 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): lpp 6 ,ere-- wall 6e no a,4ersG we.AAn)o i AXt5 S Iivcf vn- 15 A�GSen -Ck),3t�n� PROJECT ID NUMBER 61720 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 APPLICANT/SPONSOR 2 PROJECT NAME C Co 3 PROJECT LOCATION �7� �j( Municipality $ t 1`^v"` i` ` County 4 PRECISE LOCATION Street Addess and Road Intersections, Prominent landmarks etc -or provide map 5 IS PROPOSED ACTION ❑ New ❑Expansion ❑Modification/alteration 6 DESCRIBE PROJECT BRIEFLY P �" r A � e"d5 U Oat)�� 7 AMOUNT OF LAND AFFECTED. Initially acres Ultimately acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS Pyes ❑ No If no,describe briefly 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space ❑Other (describe) 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ❑Yes NNo If yes, list agency name and permit / approval. 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ElYes 14No If yes, list agency name and permit / approval. 12 ASA S4ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ❑Yes 0 No I CERTIFY THAT THE I/NFpRMATIION PROVIDED ABOVE IST E TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name �OI'1/EGG� (>f.Or�G �� �5�� Date Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617 4? If yes,coordinate the review process and use the FULL EAF Yes No B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617 6? If No,a negative declaration may be superseded by another involved agency FjYes No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (Answers may be handwritten,if legible) C1 Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly 11 7 C2 Aesthetic,agricultural,AIR archaeological,historic,or other natural or cultural resources,or community or neighborhood character?Explain briefly R C3 Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly , C4 A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly C5 Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly- C6 rieflyC6 Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly J C7 Other impacts(including changes in use of either quantity or type of energy? Explain briefly J D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? If Les,ex Iain briefl E] Yes No E IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain E] Yes V3 No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with Its(a)setting(i e.urban or rural);(b)probability of occurring;(c)duration; (d)irreversibility;(e) geographic scope, and (f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. If question d of part II was checked yes,the determination of significance mustevaluate the potential impactof the proposed action on the environmental characteristics of the CEA. Check this box If you have Identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration Check this box If you have determined,based on the Information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting thI determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) James F. King, President �*OF SOUry� Town Hall Jill M. Doherty,Vice-President ,`O l0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio,Jr. Telephone(631)765-1892 COU '� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of ------ 4 ! -- - - =----------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, + residing at &rizB Paok Aveinte ��. u9sooka ; u being duly sworn, depose an_,d say: That on the day of�) . , 2009, I personall posted the property known as 3 �� Perk Ay i�►� Mi sh .Y. ►Ia t by placing the Board of Trustees official poster where >t 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 )Ono_ Cd A 0 � at, 02009 cwt bwt 6o;o0 P, Dated: (signature) Sworn to before me this ,15I` day of MC 200$ Notary Wiblic JONATHAN TUE NOTARY PUBLIC,STATE OF NEW YORK QUALIFIED IN SUFFOLK COUNTY NO.01TU6192157 MY COMMISSION EXPIRES 08-25-2012 zoard of Trustees Application County of Suffolk State of New York vtii, eAR 5`�' 8 BEING DULY SWORN DEPOSES AND AFFIR E/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. Cp" %qA1ftr*mrh0 Cmm'%XfiL Signatu SWORN TO BEFORE ME THIS � h DAY OF a"" 131fr ,20 6 me Lowk NdO"atifi�01:R6 1 0 n pmmissm DOM lame 2S. a'� Notary Public APPLICANUAGENUREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The pumose 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. l J / MA-5641 n YOUR NAME: /, 044 l GI. 4 GO o Ci /�'`A 5 6 1 v (Last name,first name,riddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other'.name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answer ed"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t 's 19 d y of O G 2001 Signature Print Name G 5�a Form TS 1 Y 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 si ifgn icant 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# I l:� - - �� _q PROJECT NAME Xg 5 S h 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: Location of action: Ar VP Xf t� o� Site acreage: Present land use: Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: �eo ✓/�( S �� (b) Mailing address: ®/5 n 1C Zqq or le� (c) Telephone number: Area Code ( ) �� G— 3 O u — C O& 7 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No KNot Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No V7SLINot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No r of 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 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 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. ❑ ❑ Y Yes No (N:ot:Ap�,...:able Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ Noq�'Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YesD No Not Applicable Attach additional sheets if necessary WORKING COAST POLICILr_ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No � Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 10 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No [�+ Not Applicable PREPARED BY ITLE V DATE t iF ®'�