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HomeMy WebLinkAboutTOSCA HOLDING & REALTY CORP SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. ~ctober 23, 1984 Mr. Henry Smith Board of Town Trustees Southold Town Hall Southold, NY 11971 Dear Mr. Smith: The following action was taken by the Conservation Advisory Council at a regular meeting held Tuesday, October 23, 1984. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~224 submitted by Mrs. June Hussey to re- place 100 feet of existing bulkhead. East Creek, Cutchogue. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application #225 submitted by Stanley Chase to install dock and ramp and float. Mattituck. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application #226 submitted by Stanley Chase to install dock, ramp and float secured by two spiles. Mattituck. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application #227 to install dock, ramp and float secured by two spiles. Dock to be elevated 3' over tidal wetlands. Mattituck Creek, Mattiuck. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application #228 submitted by En-Consultants, Inc. on behalf of Strong's Marine Center to construct retaining wall and backfill, fApproval is recommended on the condition that all dredging done be at least 6 feet from existing spartina grass. RESOLVED to recommend to.the Southold Town Trustees approval of the wetland application #229 submitted by Carlo DeGaudenzi to construct bulkhead and install floating dock, ramp and maintenance dredge. Ole Jule Lane, Mattituck. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application #230 submitted by Latham Sand and Gravel Inc, for Bess Pulitzer to repair bulkhead. Conditional approval given providing any excavated areas where there is spartina grass the grass must be replaced. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~231 submitted by En-Consultants for Stephen Shilowitz to replace existing bulkhead, dredge existing upland to 10' below MLW with spoil to be placed on adjacent upland. Install new bulkheading and floats. End of Sixth Street, Greenport. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~232 submitted by En-Consultants, Inc. for Ludwig Becker-Hunt to construct timber dock consisting of fixed elevated catwalk, ramp and float. Construct timber retaining wall and returns. Jockey Creek, Southold. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~233 submitted by Tosca Holding and Realty Corporation to build groin. Huckleberry Hill, East Marion. RESOLVED to recommend to the SoUthold Town Trustees approval of the wetland application #234 submitted by Charles H. Thomas to install a dock, Gardiners Bay, East Marion. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~235 submitted by John S. Tessier to maintenance dredge providing they do not deposit the spoil on the east side, must be put on the west bank. Inlet to Spring Pond from Orient Harbor, East Marion. RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~236 submitted by Port of Egypt Ent., Inc. C & L Realty, Incorporated to maintenance dredge along waterfront at Port of Egypt Marine and C & L Realty (formerly Southold Fishing Station). Greenport. 'RESOLVED to recommend to the Southold Town Trustees approval of the wetland application ~237 submitted by En-Consultants, Inc. for John Newman to replace timber bulkhead and backfill. Remove and replace pilings. Remove existing bulkhead and build new bulk- head. Dredge basin. Install hinged ramp and floats. Install rip-rap along deteriOrated bulkhead. Sailor's Needle, Mattituck. Respectfully submitted, FRANK CICHANOWICZ, CHAIRMAN Jane Rousseau, Secretary State of New YOrk DEPARTMENT OF ENVIRONMENTAL CONSERVATION PUBLIC HEARING NOTICE APPLICANT: Tosca Holding & Realty Corp. Mr~ Anthony Scarmato, President 16 West 46th Street New York, NY 10036 APPLICATIONNUMB~R: t0-84-0762 PROJECT DESCRIPTION AND LOCATION: Construct a new 100-foot timber jetty on Orient Harbor between the landS of Mandaro & Kamrowski, approximately 150 feet west ,of southerly end of Bay A'venue~ East Marion, To~ of $outhoid~ PERMITS APPLIED FOR: Tidal Wetlands, ECL Article 25, Protection of WaterS, ECL Article 15 and Water Quatity~ SEQR: The Department of Environmental Conservation~ as lead agency~ determined that the magnitude of the environmental impact of the proposed project does nOt warrant the preparation of a Draft Environmental Impact Statement, and issued its deter- mination on September 26, t984, pursuant to 6NYCRR, Part 617~ PUBLIC HEARING: An adjudicatory hearing upon the application will be held on February 20, 1985 at 10:00 a.m. in the Southoid Town Hall~ 53095 Main Road, Southold, NY~ STATUTORY AND REGULATORY PROVISIONS: The processing of this application is pursuant to Environmental Conservation Law (~ECL") Article 3, Title 3 (General F,~netions), Article 70 (Uniform Proeedures)~ Article 15, Title 5, (Protection of Waters); Article 25 (Tidal Wetlands); and Section 401 of Federal Clean Water Act (PL 95~2i7) (Water Quality Certification); and pursuant to the Official Compilation of Codes~ Rules and Regulations of the State of York ("6NYCRR")~ Part 621 (Uniform Procedures) and Part 608 (Use and Protection of Waters); Part 661 (Tidal Wetlands--.Land Use Regulations); and Part 624 (Permit Hearing Procedures). -2- FILING FOR PARTY STATUS: Party status to participate at the adjudicatory public hearing held by this Department will be accorded only to those persons who can provide a clear demonstration of social~ economic, or environmental interests which are likely to be affected by the proposed project. All persons~ groups, corporations or agen- cies desiring party status at the hearing must file a specific statement in writing containing precise grounds for opposition, support~ or interest for the project, including the nature of the argument and evidence which the person intends to present at t~e hearing and any other matter believed relevant, ALL FILINGS REQUESTING PARTY STATUS TO APPEAR AT THE HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AT THE FOLLOWING ADDRESS NO LATER THAN THE CLOSE OF BUSINESS ON February 15, 1985: Samuel J. Kearing, Jr., Administrative Law Judge~ New York State Department of Environmental Conservation, Office of Hearings, Room 214, Bldg. 40, SUNY, Stony Brook~ New York 11794: Telephone (5~6) 75~-7900~ Extension 259. DOCUMENT AVAILABILITY: The application can be reviewed and copies of reproducible por- tions obtained for 25-cents per page at the above address. All Parties having an interest in this Project are urged to attend or be represented either individ~ally or collectively at the hearing and to sub- mit pertinent testimony and/or exhibits to insure consideration of all positions and issues. The Department,s decision will be based solely on the hearing reeord~ The hearing may be cance!led if the filed objections are withdrawn or resolved. Stony Brook~ New York DATE: December 13, ~984 S~]~b~L J. KEAR!NG, JR. Administrative Law Judge BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 5, 1984 TELEPHONE (516) 765-1892 Mr. Charles Hamilton N.Y.S. Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: While the Trustees were making their inspections, November 23, 1984, they found an illegal groin. We have an application before the Board for a Mr. Anthony Scarmata of Huckleberry Hill, East Marion. To the west approximately 300 ft. off of Mr. Scarmatas property is the illegal groin of Mr. Zaterain. The Trustees feel that the groin of Mr. Zaterain is making it necessary for Mr. Scarmata to construct his ~roin. Will you please make an inspection of the Zaterain property located at the foot of Bay Avenue, on the west side, in East Marion. We await your findings and actions regarding this matter. Henry P. Smith, President Board of Town Trustees HPS:ip DEC REF. NO. 10-82-0571 · NEW YORK STATE D~PART~viENT~pA~T~ OF ENVIRONMENTAL CONSERVATiOIq NOT[CE OF COr I L T APPL AT]ON , Tosca Holding Co~ ~ Anthony J. Sca-_~mata~ President Date:September 26, Applicant: Address: 16 West 46th Street New York~ h~f 10036 Permits applied for and application number(s) 10-84-0762 .... '~ Tidal Wetlands~ Protection of Waters, Water Quality. SEQR DETERMINAT[ONi (check appropriate box) [] SEQR-1 [] SEQR-2 [] SEQR-3 [] SEQR-4 [] SEQR-5 Project desc'ription and location. Town/City of Southold County of Suffolk Construct a new 100~'.timber jetty. Alternatives and mitigation measures may be further addressed at- a hearing or decision conference. Project site on Orient Harbor, State owned underwater lands seaward of lot with Suffolk County Tax Map No. 1000- 31-16-9 between lands of Mandaro and Kamrowski approximately 150' west of southerly end of Bay Avenue~ East Marion~ New York. Project is nor subject to S[QR because k is an exempb excluded or a Type 11 action. Croject is a Type I action; it has been determined that the pro~ect will not have a s~gnificant effect on the enviromnenL A Negadve Declaradon has been prepared and is on file. ~roject [s ~n uM~sred acdon; it has been determined that the pro~ect will nor have a significant effect on the environment. A dra~ environmental impact statement has been prepared on this ~r¢iect and is on file. A final environmental ~mO~ct statement has been prepared on this project and is on file ~* York State DEC SEQR LEAD AGENCY AVAILABILITY FOR PUBL[C COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below by no later than October 26 ~ 1984 CONTACT PERSON: !iobezt g~.~DE~ g].~:~, Z:,0~ SU~,Tf--Room 219 (516) 75t-7900 Sto~. g~ook~ !f% 11794 TO THE APPLICANT: 2. This is to advise you that your application Is complete and a rewew has commenced. Additional information may be requested from you at a future date, if deerned necessary, [n order to reach a decision on your application, 3. Your project [s classified MAJOR. According[y, a decision will be made within 90 days of the date of this Notice. !f~ public hearing is necessary, you wil be notified within 60 days ama the hear]rig will commence withM 90 days of the date of th~s notice. If a hearing is held. the final decision will be made within 60 days after the hearing Is completed. 4. Publication of this Notice ]na newspaper ~s: ~ required ~ r~t required If required, please consult the accompanying transmittal letter for further instructions. Souti~old ~o~,:,'z~ Supervisor NYS De~t. of State CC: Chief Executive Environmental Notice Bulletin, Room 509.50 Wolf Road. Albany, N.Y. 12233-000] U~ S. Fish & Wildlife Se~zice File RESOLUTION NO. 11 - To declare lead agency on the Wetland Application of Tosca Holding & Realty Corp. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Tosca Holding & Realty Corp. for a Wetland Permit on certain property located at Huckleberry Hill, East Marion, New York. FOR YOUR INFORMATION -- Oct. 11, 1984- 11:45 A.M. called the DEC. Spoke to Mr. Calaban who advised that an inSpection was made and it was the opinion of one of the staff members that the project as proposed is to long and to close to the other groins in the area. Would suggest armor with rock rip-rap to prevent toe scouring at the bulkhead. Has not held a public hearing yet. 'Town Of Southold Towu ClcH~'s O~icc $oudmId, N. ¥. APPLIC:kTIOh~ FOR W'ETL~'CDS PERbIFT INSTRUCTIONS FOR PERMIT A. This cpp!iccrion' is to be completely fJIfed in by ~'ypewrit'er or ink and submitted to the Town Clerk ;n'qucdru~Iicate, oc:cmpanied by writter permission from the owner oi the prc7~rB, if 'ncr the some as the applicant. B. Pilcr PI~n must be drown to sc:Ie on the reverse ~ide of this c;;lic::icn showing the Icccri:.n o~ prcTer~, the names and laccrions of owners of cdioinieg prccerries, cnd o d~tciled de~cri:r/:~ of ~rc::sed prelect. (Ncte: Copies of the Pilot Plcn racy be mode by a copy mcchine ~nd att:thud 1o the Permit Applic=ticn.) C. No cperorion shall be initicred by the cpTlic:nr until ell 7ermits that ere required are ixsu~d. D. A detcUed st:lament of the rehcbilit:ti~n' and proposed condition oF the premises after the work i:' c:~piet~d must be given, including a survey i~ re~ired. E. ~ If permit is b~in~ sought for a more sizeable execration than the construe:ion of a private sin'~[e deck or jetty, then this application taus, be cccomponied by a sumey and topcgrc~hical mop codified by a r~gistered land s6mey or Pro~essianal Engineer. The horizontal control o~ su~.ey shall be based upon an approval I~al coordinate system. The ve~ical control for eteva*ion and Sound. ings shaJI be based Upon United States C~st and Geode,ic Sumey and/or United States GeoIcgic:l .Sumey datum. F. A statement must acc*mpany the appUc~tian d~scribing cny known prior c~eratlcns conducted bn *he premises in question and whether any prior licenses or perm/ts hove been i~ued to erect stru:*ures or to dredge or deposit' ~ill on said premises end whether any such permits or licenses were ever revoked or suspended by a governmental cgency. G. A filing fee of ~50,OOshall ccc*m~eny the aTpllco~icn. This ~iling fee includes cna inspection. lher~ is a 55.00 fee for each additional inspection. H. The Tc~n ~card u~e requesto~. ~fi ap~/iccnr for a permit may waive in whole er in pa~. lhe ~r:v,sicns cf A~icle II, ' '~', s bdivisions (~ end ;~rwhere i~ finds ~hat nature o~ the Sectton~ ~ 'u ' prczs:cd C~erm,cns are ~uch that ~he requlrumen~: o~ such ~ravisicns are not necesscw f~r a ~rczcr c:.n:~cre,:n of a permit cpplic:fion. 7crm,~ ;boil be cvcdcble for inspcchcn cr'cn~ time, upon reque~L Excmir. cd ................................. ' ........... : ....19 ....... Ap~;cved ........................... " ........... ~ ........................ Dis::~ov~. ........................................................... C~-m~;tic--.% ;f C~'.'.' ........................................... · ................................... ' ....................................... Excmining ~. ;- ~'/ ..................................................................................................................................... AP.~'--IC~*,,~,'4"' .... IS mc..-=,=--v MADE to *he,, Tcwn Bccrd of the Town New York, ~ar the issucn¢~ o~ c psrm, it sursucnt to the Lc,,vs, Ordincn=~s Size oF prc::sed work: , . [~:,.p .................. ./......0.. .............. : .......... : .................................... 2 .......................................................... w~:.~ ....................... .¢,...~..~ ........................................ : ......................................... J ................. : ............... Height Above High Wcter ........... .~..~.~ ....................................................................................... Ycrds to *~ Exc='.'ctcd ~ O~ Ycrds to be Filled ' ~~ . .. & '/ ~.~ w~:~ ~ ~:~.:~, ~, ~ s:./ ~ ~,. ........ Z .... .~...~.~..~.~...~ .............. ~ve..~_,,,.~'~ ~ T~ ............................................................................................................................. Mcnncr ,n which mc:oriel ',viii be removed cr dcz'esitcd ................................................................... \Vrir,'en cnm'_en,' cf c',vn~-r of prcccrr/, if net the scm. e cs the ~-I'~--- ' CCUNTY OF SUFFC'LK '. ) SS': STAT:' OF NEVI YC',~;< ) sworn d--zzzes cod s=,,'$ :h=:' k-~ is the c2~[i."':.-,," for the cSs'.'e d~-r;:-=x -'z~rmir, and '~--' cji _r .... m .... s c=.-..'z!.-..~d or ,,:s K,,,~,vl .... cnd fcr?h in t,his -'-:zlic:;;zn mn5 cs mmv be czrrz',,ed b':, the Tc~::~xSc--rd of the Ta',vn cf Tr, ........... c_-,._s ,o nc,¢ ,h. Town of Sou:ri:id ct.= ~,h~T¢,.v¥ E::rZ.,~rm!e-_-:- c:d fra_~ fram .:... ,. ....................................... %.'crn to _= .... me this TO'WN OF SOUTHOLD SHORT ENVIROHLtENTAL ASSESSbJENT FORM iNSTRUCTIONS: (a) in order to answer the questions in this short EAF it is assume that the preparer will use currently a'vailable information concerning the pro]eof and the likely impocfs o£ the action. It is not expected ~hot additional studies, research or oiher investigations ~,ill be undertok%n. (b) If any question has been answered Yes the project may be $ignificon~ end o completed 5nvironmen~ol Assessmenf Form is necessary. (c) If oll quesfions have been answered No if is liNel¥ tho% %his project is not significant. (d) 5nvironmentol Assessment I. Will project result in o iorge physical change ~o ~he projec~ si~e or physicall¥, olte~ more ~hon 10 acres of lend? ........................ Yes y No 2. Will there be o major change to any unique or '-- .unusual lend form found on the ~ite? .......... Yes ~No 3. Will project olte.r or have o large effect om existing body of water? ....... ~ ............... __Yes~ y No 4. Will project have a potentially large impocf on groundwater quality? ...... ~'. ................ Yes yNo_ 5. Will project signi£icon~ly cff.ec~ drainage flow on adjacent sites?..- ...... ~ .............. Yes ~ No 6. Will project affect any threatened or endangered plant or animal species? ........... ... Yes 7. Will project result in ~ major adverse effect om air quality? ........................... ' .... .. Yes (No .8. Will project have a major effect on visual character of the community or scenic views or vis,as known to be important to the communi[y?. Yes ~No ~. Will project adversely impact any site or s~ructure of historic, prehistoric or paleontological importance or any si%e designated os o critical environmental area 10. Will project have a ~ajor effect on existing or future recreational opportunities? ......... __Yes .~ No 11. Will project result in major traffic problems or cause a major effect to existing transporfation system's? ....................... _Yes.~ No ' 12. Will projec~ regularly cause objectionable -' odors, noise, 'glare, vibration, or electrical disturbance os o result of the project's operation9 .................................... Yes .~ No 13. Will project have any impact on public health or sa£ety~ Yes ~ No 14. Will project offect the existing community by directly causing o growth in permonent .... population of more thon $ percent over o one yeor period or hove o mojor nego%ive effect on the choro'cter of the community or neighborhood? ................................. Yes ~No 15. Is ~here public controversy concerning project?.~ .................. ~Yes ~_No BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 26, 1984 TELEPHONE (516) 765-1892 Mr. & Mrs. James O'Neill P.O. Box 382 East Marion, New York 11939 Re: Tosca Holding & Realty Corp. Groin project, East Marion Dear This office is in receipt of your letter dated Sept. 13, 1984 regarding the above-referenced project. I have circulated copies of same to all of the Trustees for their review. To date we do not have an application for a town permit for the project. We have written to the Tosca Holding & Realty Corp. advising that they will need to apply for town permits for this project. I would recommend that you send a copy of your letter to the Army Corps, before October 6, 1984 so that they can consider your comments. If I can assist you, in the future, please don"t hesitate contacting this office. Very truly yours, HENRY P. SblITH, PRESIDENT Board of Town Trustees Ilene Pfifferling, Secretary cc: TrUstees File BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 October 26, 1984 Charles T. Hamilton~ Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation BUilidng 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Enclosed is application of Tosca Holding and Realty Corp. for a Wetland Permit on property located at Huckleberry Hill, East Marion, New York. This projec~ is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your view on.this matter. Written comments on this project will be received at this office until November 14, 1984 . We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Enclosures HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES Ilene Pfifferling Secretary to Board cc: Commissioner Williams~-~ Southold Town Building Departmentj BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 755-1892 October 1, 1984 Mr. Frank Cichanowicz, III, Chairman Southold Town Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr. Cichanowicz: Transmitted herewith is application no.233 for a wetland permit submitted by Tosca Holding & Realty Corp.. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, HENRY P. SMITH, PRESIDENT BOARD OF TOWA' TRUSTEES Ilene Pfifferli~g Secretary to Board Attachment September 13, 1984 Southold Town Board of Trustees Town Hall Main Road Southold, N.Y, 11971 Dear Sirs: REF: Public Notice No. 11817-84-474-L2 Application for Construction of a timber groin' Tosca Holding &.Realty Pertaining to the above referenced application and public notice we would like to make our objections known "for the following reasons: - Probable shOreline erosiOn onwestern side of groin. ' ' - - Possible shoreline erosion continuing · westerly through, established residential beach areas. ~'- - - Proposed size is ou~·0f scale and character for the area. 60 Ft. offshore of mean high water. - Drawing on plan~is not in scale to scale in feet. - Negative impact on shellfish and plant life in area. Please take note of these objections in your c6nsider~tion of the above referenced application. Thank you. Yours truly, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 1971 TELEPHONE (516) 765-1892 October 25, 1984 Mrs. Kamrowski 40 Hawthorne Road Garden City, New York 11530 Re: Tosca Holding & Realty Corp. GrOin Project, East Marion Dear Mrs. Kamrowski: This office is in receipt of your letter dated September 13, 1984 regarding the above-referenced project. I have circulated copies of same to all of the Trustees for their review. We have recieved a wetland application for this project today. If you have any questions, please feel free to contact this office at the number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees cc: Trustees File BOARD OF TOWN TRUSTEES TO~ OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 12, 1984 TELE?H ONvF. (5!6) Mr. Scarmato Huckleberry Hill East Marion, New York 11939 Re: Groin Dear Mr. Sca,mate: Please be advised that an inquiry.has been made in regard to tho groin proposedi at Huckleberry Hill, East Marion. Will you kind!y submit a survey and sketch of the work, so that a determlna~on for the need of a Wetland Permit can be made. Thank you for your cooperation, in regard to this matter. Very truly .yours, · G4/,.OlN 2. o Z.O 2..o 4~-'~v4 F'u~pos~-o (~e.o~ Z.O 2. o !11 I J PURPOSE: AOJACENT PROPENTY OWNERS: ~ ~AND~O ~T CrI~EqSN PORT COU~IT¥ OF ;SUFK--oL.~ STATE 7' PEJJETR, ArlON TYPICAL SECTION 5 o :~ ,,o /3 ~'//I,"J F/l/l,( 45.0' o.0' 2.0 2.0 7_0 20 20 2.0 lO0' 40' ~ ~7~' PLAN PU,~PO2E [~TUf"~ f'fEAI~f ~W WA ~ -~O~L OC~ 3URVEY ~DJ~ C~NT PRoPErTY OWN~R~ ~ o ~ ,o ~ ~ROWS~ 2o 2.0 20 PROPOSFO GE©IN IN EAST HAR. ION NEAR G EEEN POP..T COUNII'~/ OF SUFFOLK S~E~ ~ORK APPLICATION BY ~N~ S~/ [OSCA HOU)I~ ~ ~ ~ ~