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Home My WebLink AboutTR-4398Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Oarrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892. Fax (516) 765-1823 Office Use ~Coastal Erosion Permit Ap~ ~etland Permit Application Grandfather Permit Application · _~ Waiver/Amenclment/Chanaes ~ceived Application:~___ Received Fee:$ Completed Appl~cation~/~~~--$- ~. ~[j~ ~7 Incomplete~ ~-0~~-----~--~- 2 .... SEQRA Clas~ificatio~ - 5~;pe I Type II z~nlisted Coordination: (date ~2¢ CAC Referral Sent: ~-~ate of Inspection:' t&7/~/~ Receipt of CAC Report:~ · ~ ~' Lead Agency Determination: Technical Review: ~,-~?ubiic Hearing Held: $/~'/,9 Resolution:/~--~ Name of Applicant Thomas Boyle Address 4210 NE 37th Avenue, Lighthouse Point, FL 33064 Phone Number:(305)421-5353 Suffolk County Tax Map Number: 1000 - 59-1-7 Property Location: Leeton Drive, Southold (provide LILCO Pole ~, distance to cross streets, and location) AGENT: En-Consultants, Inc. (If applicable) Address: 1329 North Sea Road Southampton, NY 11968 Phone: (516) 283-6360 FAX$: (bib) 2U3-b13b Board of Trustees Application GENERAL DATA Land Area (in square feet): 15~100 Area Zoning: R-40 Previous use of property: Intended use of property: Vacant residential one-family dwelling Prior permits/approvals for site improvements: Agency -'Date x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct 140± linear feet of stone revetment & backfill with 2000± cubic yards of clean fill to be trucked in from upland source. Construct a one-family dwelling, deck, sanitary system, bluestone driveway, etc. all as shown on attached plan. Applicant was granted prior permit which has now expired with no work being done. Board of Trustees Applicatio~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Erosion control Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: 75 feet Does the project involve excavation or filling? No x Yes If 'yes, how much material will be excavated? cubic yards How much material will be filled? 2000 cubic yards Depth of which material will be removed or deposited: 4± feet Proposed slope throughout the area of operations: 0 Manner in which material will be removed or deposited: Trucked in, dumped and graded. 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): Project will stabilize a dynamic, eroding shoreline BOard of Trustees Application- COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Erosion con~] Are wetlands present within 75 feet of the proposed activity? No x Yes Does the project involve excavation or filling? No x Yes If Yes, how much material will be excavated? (cubic yards) How much material wi!l be filled? 2000 (cubic yards) Manner in which material will be removed or deposited: Trucked in, dumped and graded. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Construct 140± linear feet of stone revetment & backfill with 2000± cubic yards of clean fill to be trucked in from upland source. Construct a one-family dwelling, deck, sanitary system, bluestone driveway, etc. all as shown on attached plan. Applicant was granted prior permit which has now expired with no work being done. ITOWN OF SOU~HOLD Board Of $outhoid Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ISSUED TO !.~.OM.A....S......B.....O. XL~ ....................... DATE: ... z2 / 227 9.4 ..... Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .!Z/22/.9.4 19 ~.4.., and in consideration of the sum of $. . paid by gn-Cc!r~.~h.a, nts...!.~..c..,.,..~gr. TH~AS BO. YLE ...................... Terms and Conditions Iis~ed on +he reverse side hereo{, of Soufhold Town Trustees authorizes and permits the following: ~O:~, :~t =be ~ard of ~tee~ a~roves =he a~lica=ion 170+/- l.f. of s~one reve~n= and backfill with 2,SO0+/- of clean s~ =o ~ =~C~e~ i~ fr~ ugl~ so~ce. ~pose of ~J~ would like ~0 =OnS=~C= a o~e-f~ly dwelling, sa~=a~ driv~, all ~ sh~ o~ site pl~. ~1 i~ accorU~ce ~h Tr~=ees con~=ion =~= =he ~er will restore =he ~luff ~ove ~. N~: Appli=~= ~uld like =o ~nd ~s application, as per rec~n~=~o~ of the DEC in their let=er dated ~ch 15. (See at=ached) ~e applic~= ~s: file wi~ =~ S~f.olk co~=y belevation after a ~or s~o~ event. ~s elevation af the gra~e will ~ dete~ed b~ a lieens~ 1~ s=veyor ~iacely fhese after =he st~e~re is built. = ~uo~c.o~a oy · melo.~y o~ ~ne sa~a ooara es of fhJs daf,e. .... ....... 14-16-4 (2.f873--Text 12 FP~-O'JECT l,D; NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL'ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANT/SPONSOR 2. PROJE. C? NAME Thomas Boyle 3. PROJECT LOCATION: SEQR Municipality SOuthold County Suffolk 4. PRECISE LOCATION (Street address anU road intersections, prominent lanctmarks, etc., or provide map) Leeton Drive SCTM # 5. IS PROPOSED ACTION: [~N ew ~ Expansion 6. DESCRIBE PROJECT BRIEFLY: [] Mo0ification/alteration SEE ATTACHED 7. AMOUNT OF LAND AFFECTED: Initially _ R Iq __ acres Ultimately _ R I') acres 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, clescribe briefly WHAT iS PR -S"_NT LAND USE VICiNI OP PROJect', [] Residential [] Inoustrial [] Commercial [] Agriculture Describe: [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. 11. STATE OR LOCAL)? [~:Yes ~ If yes. list agency(s) and permit/approvals COE, DOS DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIF CATION'~ [] Yes [] No I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Adjacent Owners To east: Town of Souithold 53095 Main Rd. P.O. Box 1179 Southold, N.Y. 11971 To west: Zafar Fatimi 53 So. Howell's Point Rd. Bellport, N.Y. 11713 B~ard of Trustees Applicati~. County of ~ ~0~3~/ Thomas Boyle BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINF~ 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 A~D AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND ~ TOWN TRUSTEES ~ESS AND FREE FROM ANY AND ALL DASLRG~S AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMITIS), IF GRANTED. IN COMPLETING THIS APPLIC~TION~ I HF..~BY AI~ORIZE ~ ~!JSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature Public · "*%'-i':-%", Pasqualena Caruso i* i'~":*~ Notary Public, State of Florida }i "',Y'}~¢J CommissionNa CC601135 g ........ ~v~y uommmsmn Exp. 11/i2/2000[, Bonded Through Fla. Nota~ So.ice & Bondi~ Co ~' n~ard of Trustees ApplicatiOn AUTHORIZATION (where the applicant is not the owner) Thomas Boyle residing at 4210 NE 37th Avenue (print owner of property) (mailing address) Eh-COnsultants, Inc. Lighthouse Point, Florida 33064do hereby authorize (Agent) to apply for permit(s) from the SoUthoid. Boa~d of m~.,~.n Tr,.zstees on my behalf. : ..4¢.'~'.:', ~asqualena Caruso ,< 1 t ~ ) * ~ - otaw Pubhc, State of F~o6da ~< ~,~o? Commission No CC 6011 .... ~?~" My Commission Exp, 11/121/}~ : Bonded Through Fla. Notary Service & Bonding Co, Name: pROoF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: Zafar Fatimi 53 So. Howell's Point Rd. Bellport, NY 11713 Town of Southold P.O. Box 1179 Southold, NY 11713 STATE OF NEW YORK COUNTY OF SUFFOLK Roy L. Haje , ~si~iZ~3x~t doin9 business at: 1329 North Sea Rd.~ Southampton, being duly sworn, deposes and says that on the 3 day of June ,19 97 , deponen~ mailed a true copy of the Notice set forth in the Board- of Trustees Application, directed to each of the a~ove named persons at the addresses set opposite there respective names; that the addresses se~ opposite the names of said persons are the address of said persons as shown on the current assessment rot! of the Town of Southotd; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were mailed to each of said persons by mail. Sworn to day of bef3ore me this NdUary Public GAl 8TRATTON Public, State of New¥ork~/ ~4o. 477205~ Qualified in Suffolk Coun~ NOTICE TO ~DJACENT PROPERTY OWNER BOARD OF TRUSTEESr TOWN OF SOUTHOLD In the matter of Thomas Boyle SCTM%1000-59-1-7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct 140± linear feet of stone revetment = ........ ' ~ b=~'~ w~f~ o0nn+ ~h~ yards of clean fill to be trucked in from upland source,Construct a one- family dwelling, deck, sanitary system, bluestone driveway, etc. Applicant was granted prior permit which has now expired with no work done 2. That the property which is the subject Environmental Review is located adjacent to your property and is described as follows: Leeton Drive, Southotd 3. That the property which is subject to Environmental Review under Chapters 32,37,or 97 of the Town Code is open to public comment. 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 dose not reference any other adjacent that might have to review same proposal. OWNERS NAME: Thomas Boyle MAILING ADDRESS: 4210 NE 37th Avenue Lighthouse Pt., 'FL 33U64 PHONE %: 305'421,5353 Enc.: Copy of sketch or plan showing proposal convenience. Z 689 466 7991 ,ReC~iP~ for boyle C~rtified No insurance Coverage Provided Do not use for ~ternational Mail (See Reverse) Sent to Zafar Fatimi Street and No, 53 SO. Howells' Pt. Rd. P.O., State and ZiP Code R~l l~orf_. NY ]1713 Certified Fee Special Delivery Fee Restricted Delivery Fee TOTA Po~tage ~,$} 5 TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. lohn L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 COASTAL EROSION MANAGEMENT PERMIT APPLICATION TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION Erosion Permit Application Permit Application Grustee Lands Permit Application randfather Comp]_eted Apps. Dat~: ,. ~/ variance Requ± ed, ~ 2Neighbors notified Date: I SEQ5A Determin./date: I Public Hearing/date: Findings: Permit Vote: (Y/N): Special Conditions: (also see file) Application N~ber; SC~4 ~1000- 59-1-7 Date Rec. by Office Project Name (If any) Date Prepared: 6/16/92 Applicant: End,ConsUltants, Inc. Address: 1329 North Sea Road Southampton, New York 11968 Phone (516) 283-6360 Interest: (owner, consultant,lessee,etc.) consultant Owner of Property: Thomas Boyle Address 35 Walke~-Street, Malverne, New fozk I1565 Phone (516) 599-7841 Subject Property Location: 6~ Leeton Drive, Southold (Provide LILCO Pole #, Distance ~o cross Streens if not on location map) 550' w/o Kenney's Road THIS IS NOT A PERMIT Yds. to be excavated: - Yds. to be filled: 2,500 Manner in which material will be removed or deposited: Trucked in~ d~]m~d and Width of canal, creek~or bay fronting property: Depth at low tide: -- Aver. rise in tide: 2,~6" Distance to nearest channel: N/A Distance project extends beyond similar projects in area: Area zoning: Land area in acres: ]5~100 sq. ft. Is project for private or business use: private Intended use of property: one-family residential Describe known prior operations conducted on premises: Concrete seawall present on property Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: No j' Has any license or permit ever been revoked or suspended by a Governmental Agency: No. Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures. (i.e., pipeline and septic system; make additional attachments if necessary). SEE ATTACHED Aut_kgyizatio~ ~WhCr. e_khe applicant is not the owner) I D~£/; ~g/~ residing at 35 Walker Street, ' (Print-owner of subject property) (Mailing address-phone) Malverne, NY 11567 (599-7841) do hereby authorize Roy l._ ~ to apply for Co ~al Ero~ perm' (s) ~rom th~ Southol~ Town Trustees ' ~ignatur~ '~ THIS IS NOT A PE~IT PROJECT DESCRIPTION Construct 170± 1.f. of stone revetment and backfill with 2500± cy of clean sand to be trucked in from upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Project is an emergency Letter of No Jurisdiction requested for construction of a one-family dwelling, sanitary system, driveway, all as shown on attached site plan. ~' 1.;-~,6-4 t2187~--Text 12 jP~)JECT I.D. NUMBER Appendix C state Environmental Quality Review .~' SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQF ~t 1. APPLICANT/SPONSOR I 2. PROJECT NAME q~homa.~ Boyle by En-donsultants, Inc.l 3. PROJECT LOCATION: Municipality Leeton Drive, Southold CounwSuffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Leeton Drive, Southold SCTM No. 1000-59-1-7 5. IS PROPOSED ACTION: [] New [] Exbansion [] Modification/alteration ' ' 6. DESCRIBE PROJECT BRIEFLY: SEE ATTACHED ?. AMOUNT OF LAND AFFECTED; ,n,,ia,,y 15,100 sq.ft~r~/ U,l,ma,e,y 15,100 sq. 8. WILL FROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] No If No, describe briefly WHAT IS PRESENT LAND USE N VICINITY OF PROJECT? Describe: r'-] Agricuiture [] ParklForestlC Den space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING1 NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~-- STATE OF{ LOCAL)? [] Yes [] 1','o If ye~, list agency(s] and permit/approvals .. DEC, COE, DOS 11. DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ Ho If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Applicanl/sponsor Signature: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE nar. z: T s ~oy~e by En-Consultants, Inc. Dale: ~y IT,. ~a~e.n PresidenL If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment .6/16/92 OVER 1 PROJECT DESCRIPTION Construct 170± 1.f. of stone revetment and backfill with 2500± cy of clean sand to be trucked in from upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Project is an emergency Letter of No Jurisdiction requested for construction of a one-family dwelling, sanitary system, driveway, all as shown on attached site plan. County of Suffolk ) State of New York ) Roy L. Haje 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 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 REPRESENTATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. DAY OF ,19 'SWORN TO BEFORE ME THIS Suggested space for location Map THIS IS NOT A PERMIT PART 1--PROJECT INFORMATION . Prepared by Project Sponsor NOTICE: This document is desi§ned to assist in determinin§ whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cons as part of the application for approval and may be subject to further verification and public review. Provide any add information you believe will be needed to complete Parts :7 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not i~ new studies, research or investigation. If information requirin§ such additional work is unavailable, so indicate and s each instance. NAME OF ACTION LOCATION OF ACTION (Include Street Address, Municipality and County) NAME OF APPLICANT/SPONSOR Eh-ConsUltants, Inc. I BUSINESS TELEPHONE ADDRESS 616 ) 283-6360 1329 North Sea Road CiTY/PO STATE J ZIP CODE N.Y. 11968 Southampton NAME OF OWNER (If different) Thomas Boyle BUSINESS TELEPHONE ADDRESS §16 ) 599-7841 35 Walker Street CITY/PO Malverne t STATE I ZIPCODE DESCRIPTION OF ACTION N.Y. 11565 SEE ATTACHED Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. Vacant 1. Present land use: I-IUrban I-Ilndustrial I-ICommercial I~;TResidentia[ (suburban) I-1Forest [-1Agriculture l-]Other 2. Total acreage of project area: 15. 100 /q,(::Y'e~/' $. £. [-]Rural (non-: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads. buildings and other paved surfaces Other (Indicate type) Landscaped 3. What is predominant soil type(s) on project site? Sand a. Soil drainage: I-]Well drained 80 % of site ~PoorJy drained 10 % of site 15.100 PRESENTLY AFTER COMPLETIC acres act acres act acres ac~ acres ac; acres act acres 11,975 act acres 1,5 2 5 _ act acres 5,000 act [~Moderately well drained 10~ ?S of site b. if any agricultural land is involved, how many acres of soil are classified within soil group I thr~ugt~ 4 of the Land Classification System? No _ acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~.'Yes ~No a. What ,s depth to bedrock? 200+. -- (in feet) PROJECT DESCRIPTION Construct 170± 1.f. of stone revetment and backfill with 2500± cy of clean sand to be trucked in from upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Project is an emergency Letter of No Jurisdiction requested for construction of a one-family dwelling, sanitary system, driveway, all as shown on attached site plan. ,6. 'A,.pproximate percentage or pruposed project site with slopes: U10-10% 100 °.-8 F'110-15% . . 1-115% or greater % Is }5'roject substant'ially contiguous to, or contain a building, site, or district, listed on the State or the Natior Register.s of Historic Places? l-lYes 7. l's project substantially contiguous to a site listed on the Register of National Natural Landmarks? 8. What is the depth of the water tablei? 8+ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? I~Yes UtNo [qYes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~'Yes t-'lNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere l-lYes ~No According to Identify each species. 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatior ~Yes I~]J[N o Describe 13. Is the project site presently used by the community or neighborhood as a~n opqn space or recreation are l--lYes [:]~o If yes, explain B t~cent to Town ~eacn 14. Does the present site include scenic views known to be important to the community? F-iYes ]~No - 15. Streams within or contiguous to project area: N_N__/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous_to project area: a. Name Long Island Sound b. Size (In acres} 17. [s the site served by ~=xisting public utilities? [~Yes []No a) If Yes, does sufficient capacity exist to allow connection? EYes F=No b) If Yes, will improvements be necessary to allow connection? FUYes i-,No 18. Is the site located in an agricultural district certified pursuant to Agriculture and ,Markets Law, Article 25-A,- Section 303 and 304? ~m. yes {~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6177 [Z~es ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? t~Yes ~No B. Project Description 1. PhysicaJ dimensions and scale of project (fill in dimensions as appropriate) a. Total conti;uous acreage owned or controlled by project sponsor _ 15 ~ 100 b. Prolect acreaqe ~o be developed:_ 1~525 S~c~mitially; 1~525 sq. c. Project acrea;e to remain undeve!oped ~-E~--9-~.i_~C~¢re~.t. d. Length of project, in miles: ~/A (If appropriate) e. If the pro,eot is an expansion, indicate percent of expansion proposed .. f. Number of o~f-sueet parkin~ spaces ex,stin~ 0 ; proposed 2 g. ,Maximum vehicular tr~ps generated per hour 5 h. If res~dcntiaJ: Number and type of housm~ um~s: One Family Two Family Multiple Family JnmaiJy Uh~matelv 1 i. Dimensions (in ~eet} o~ largest ~roposed structure 35 height: 35 width; ~. Linemr feet o~ ~rontage along a public thoroughfare proiect w,ll occup~ i~? -- acres. ft ac/re/s/ultimately. N/A %; (upon completion oi prolect]? Condominmm 33 length. ft. 3 '2. How much natural material U.e., rock, earth, etc.) will be removed from the site? 0 3. W~il disturbed areas be reclaimed? I-lYes E]No '.a. If. yes, for what intend._,: purpose is the site being reclaimed? '" b. Will top~oil be stockpiled for reclamation? l-lYes E]No c. Will upper~ subsoil be stockpiled for reclamation? F'IYes 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? FqYes I~1o 6. If single phase project: Anticipated period of construction 6 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated [number). b. Anticipated date of commencement phase 1month tons/cubic ~a rd_~ c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? l-lYes I~No month I-lYes ["iNa" year, (including demolition year: 9. Number of jobs generated: during construction 12 · after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? l-lYes Bo If yes, explain 12. Is surface liquid waste disposal involved? IF]Yes ]gE]No' a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [~Yes []No Type Sewaqe 14. Will surface area of an existing water body increase or decrease b¥,propDsal? ~__ Explain ~ will be placed below MHW in or~er ko 's~-~e 15. Is project or any portion of project located ~n a IUU year flood pla-i-n~- 16. Will the project generate solid waste? I~Yes a. If yes, what is the amount per month .1 tons b. If yes, will an existing solid waste facility be used? I~Yes c. If yes, give name Town of Southold land fill. location Mattituck d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ~Yes e. If Yes, explain ' ~No Dn.rtion o£ lost [~No land. [~No 17. Will the project involve the disposal of solid waste? i-]Yes a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? l-lYes ]~No I'~No tons/month. 19. Will project routinely produce odors (more than one hour per day)? ~Yes ]i~No 20. %Vi[[ project produce operating noise exceeding the local ambient noise levels? ~Yes 21. Will prolect result in an increase in energy use? []-]Yes I-'lNo If yes, indicate type(s) Do~_,~tic oil and electricity 22. If water supply is from wells, indicate pumping capacity 5+ gallons/minute. 23. Total anticipated water usage per day 300+ gallons/day. 24. Does prolect involve Local, State or Federa[ funding? E]Yes [~No If Yes. explain ~No 25.',~Approvals Required: . City, Town, Village Board I-lYes i'qNo City, Town, Village Planning Board i-]Yes I-]No City, Town Zoning Board r-lYes I-]No City, County Health Department []Yes' I--iNo Other Local Agencies DYes F-INo Other Regional Agencies I-IYes I-INo State Agencies []Yes I-'lNo Federal Agencies []Yes I-INo Submitt Type Date Sanitary sys. and well Trundles. Coastal Erosion DEC TW 6/92 COE, Section 10, 404 6/92 ~No fi]subdivision I'-]site plan i-lather C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? FqYes If Yes, indicate decision required: I-lzoning amendment I-]zoning variance fi]special use permit fi]new/revision of master plan I-lresource management plan 2. What is the zoning classification(s)of the site? R-40 3 What is the maximum potential development of the site if developed as permitted by the present zoning? (1) one-family dwelling 4 · 5 What is the proposed zoning of the site? .., N/A What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes 7. What are the predominant land use(s) and zoning classifications within a ~4 mile radius of proposed action? One-family dwellings 8. Is the proposed action compatible with adjoinin~/surroundin~ land uses within a 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? _F-]Ye~o 11. Will the proposed action create a demand for any community provided services (recreation, education, po fire protection)? r-]Yes a. If yes, is existing capacity sufficient to handle projected demand? I-lYes l-]No 12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes a. If yes, is the existing road network adequate to handle the additional traffic? ['-]Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your proiect. If there are or m~a¥ be any adv impacts associ;ted with your proposal, please discuss such imp;cts and the measures which you propose to mitigat avoid them. E. Verification I certify tl~t the information provided above is true to the best of m knowted,e ,~ ~ . Y g . Appl,c,~n,/Sp~S~'or ~rr~/ *hnm~.q Bovle by En-Consultants, Inc. D~te 6/Z6/92 Signature ~:~, ~..~/~/~ ~oy ~, "~3~ Tide ~ p~eSident If the action is in lhe Coasta~ Area, and you are a state agency, complete the Coastal Assessment Form before proceef with this assessment, r~ TRUSTEES John M. Biedemeyer, III, PreSident Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWNOFSOUTHOLD 30 year Maintenance Agreement Erosion Protection Structures Chapter 37 Southold Town Code Southold Trustees as Administrator SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 I (we) Thomas and Doris Boyle type or print name(s) the owners of record of property at: Leeton Drive, Southold (type or print street address) SCTM 91000- 59-1-7 in applying for a Coastal Erosion permit for an Erosion Protection Structure do hereby agree to a 30 year maintenance program for a structure commonly known as a bulkhead of 170+' as shown on the attached feet of length licensed survey of the as-built structure. It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years and or equivalent to the original approved structure and that for any maintenance which involves more than 5% in length of this structure we are to give prior written notice to the administrator, waiting for their approval in all but true emergency situation's which would seriously endanger life, property and important coastal natural resource features such as bluffs or wetlands. We further understand that failure to maintain the structure could result in a requirement to post a bond and or have the repairs ordered as a lien against the property upon a finding by the Trustees that said lack of maintenance would risk life, property or important natural resources features including protected, rare or threatened animals and plants. Notarized SignatUre of owner of record SWORN TO BEFORE ME THIS ~OTA~Y PUBLIC F=H;LLIP L. GREENBLATI' NOTARY PUBLIC, S~a~e of New Yo~ No. 4891161 ~ in Nassau C~uniy Commission E.~es June 29,1993 This maintenance agreement shall only be valid upon attachment three copies of a licensed land survey made within one year of the'original construction and validated to. show the the final approval of the administrator. Subsequent owners may apply to the Southold Town Trustees to re-authorize this maintenance agreement. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO ~,,7~"~,' DATE: ...~.une.. ISSUED TO THOMAS BOTLE .............................................. Pursuant to +he provisions of Chapter 615 of the Laws of the Sta,e of New York, 1893; and Chapter 404 of the Laws of ,he State of New York 1952; and the Southold Town Ordinance en- titled "REC=ULATINC~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND .ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on ..... 6./.~5/9.7. .... 19.9.7_..., and in consideration of the sum of $...[5Q..00 ...... paid by of ........ ~?.~b.9!g ........................................................ N. Y. and subiec* *o fhe Terms and Conditions ]is~ed on fhe reverse side hereo~, of Sou+hold Town Trusfees aufhorizes and permifs fhe following: ~ESOLV~, that the Board of T~s~ees approves t~e a~Dlic~tion of ~O~S BO~E,to const~c~ 170~- 1.~. o~ stone reverent & backfill with 2,500+/- c.y. af cle~ s~d to ~ t~cked in from erosion to property ~ concrete w~l w~c~ is ~ollapsing. Project is an ~er~en~. Applicant woul~ like to constant a ~ ~ne-f~ily dwelling, s~ta~ s~st~ etc., ~ sho~ an the Trust,s condition ~ the o~er will restore the bl~f ~ve ~. NO~: Ap~lic~t would like to ~end ~s e oJ application as Der rec~en~tio~ oi ~e DEC in ~eir letter dated March 15, {see arrayed). ~e a~lic~t ~st file wi~ the Suffo~ Co~t~ Clerk a covert on the 1~ that re~es uo a certain elevation after a ~jor sto~ event. ~is be s~,,u~u uy a ,nalur,~y u~ ~n'~ ~a~a aoara as ot fhis daf.e. Albert J. Kmpski, President John Hotzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 June 27, 1997 En-Consuttants Inc Roy Haje i329 North Sea Road Southampton, NY 11968 Re: THOMAS BOYLE SCTM ~59-t-7 Dear Mr. Haje, The following action was taken b¥' the Board of Town Trustees during its regular meeting held on June 25, 1997, regarding the above matter: WHEREAS, THOMAS BOYLE,applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 9, 1997, and, WHEREAS, said application, was referred to the southold Town. Conservation Advisory Council for their findings ~nd recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees wit~ respect: to said application on June 25, 1997, at which time all interested, persons were given an opportunity- to be heard., and, WHEREAS, the Board members have personalty 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 standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as propos:ed 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 approves the application of THOMAS BOYLE,to construct 170+/- 1.f. of stone revetment & backfill with 2~,500+/- c.y. of clean sand to be trucked in from upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Project is an emergency. Applicant would like to construct a sone-family dwelling, sanitary system etc., as shown on previously submitted plan that expired, all in accordance With the Trustees condition that the owner will restore the bluff above MHW. NOTE: Applicant would like to amend this application as per recommenda~'ions of the DEC in their letter dated March 15, (see attached), the applicant must file with the Suffolk County Clerk a covenant on the land that requires the landowner to restore the Town property to the east above MH~ to a certain elevation after a major storm event. This elevation of the grade will be determined by a licensed land surveyor immediately after the structure is built. BE IT FURTHER RESOLVED that this determination should, not be considered, a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project wilt expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC Dept. of State Telephone (516) 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was made at the meeting of the Southold Town Conservation Advisory Council held June 23, 1997: No. 1463 RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Permit and Coastal Erosion Permit Application of THOMAS BOYLE 59-1-7 to construct 140 +/- linear feet of stone revetment and backfill with 2000 +/- cubic yards of clean fill to be trucked in from an upland source; construct a one-family dwelling, deck, sanitary system, bluestone driveway, etc. (Applicant was granted a permit but it expired before work could co mmence. ) Leeton Drive, Southold i OWN OF $OUTHOL~ EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 June 3, 1997 Town of Southold Board of Town Trustees P.O. Box 1179 Southold, NY 11971 RE: THOMAS BOYLE - PERMIT ~4398. Dear Sirs: Enclosed, please find an application and copy of previous permit for the above referenced client. Due to Unfavorable economic conditions, the work was not performed. We respectfully request an extension be granted. Thank you for your anticipated cooperation. Sincerely, Roy L. Haje RLH:ln eric. Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 January 10, 1996 Roy ~a~e En-Consuttants, In.c 1329 North Sea Road Southampton, NY 11968 RE: Thomas Boyle SCTM ~1000-59-1-7 Dear Mr. Haje: The Board has reviewed the C & R's for the above referenced property and finds them to meet all the requirements of the Board. Thank you. Sincerely, 9. Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd ENVIRONMENTAL SERVICES EN-CONSULTANTS, INC, 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-63~0 FAX NO. 516-283-6136 November 4, 1995 Board of Southold Town Trustees 53095 Main Road Southold, New York 11971 RE: THOMAS BOYLE BOARD OF SOUTHOLD TOWN TRUSTEES PERMIT # 4398 Dear Trustees: In accordance with the above referenced permit, I enclose a copy of the Amendment as filed with the Suffolk County Clerk. We would appreciate written confirmation that this requirement has been satisfied. Yo~very truly, Ro~ ~. Haje President RLH:to Enclosures cc: Thomas Boyle ~ 0 z 0 Lr-t .J LU Z- Q o 4..! :I :ii' '-LtJ ,;.9 . i5 -0 Z BoxE~ :5 THRu 9 MUST BE TYPED O ~RINTEO IN BLACK INK ONLY PI 'IR TO REt , i SUFFOLK COUNTY CLERK Number °f Pages ce~ificate O Prior ~ff0 Deed / Mortgage Instmment l[ Deed/Mo~gage T~x Stamp ]] Recording / Filing Stamps 4 [ FEES Page / ~lllng ~ee ~~ Mortgage ~t. . ~-584 · 2. SONY~ Notation . Sub Total EA-5217 (State) . · TOT. MTG. T~ . ~P.T.S.~ /~ ~ Dual Town Dual County Held for Appo~ionment Comm. of Ed. 5 . 00 · - Mfidavit . Transfer T~ Ce~ified Copy ~ ,,, The prope~y covered by this mortgage ~(~ is or will be improved by a one or two Reg Copy .~ Sub Tot~ ~ family dwelling only. Other · G~D TOT~ . ff NO, see appropriate t~ clause ou ~ ~ (~~ pageO of this inst~ment. ';~ ~ ' Real Prope~y T~ Se~ice Agency Verification 6~ Title Company Information ~ ~. Dist , Section Block Lot //'~ ~ ~ Comply Name Date ~ Title Number ] FEE P~ BY: ~ :7: Cash Check Charge ~ :,::: Suffolk Coun Recordin & Endorsement Page This pa~e forms part of the a~ached ,, ~¢e~ e,, ff made by: (Deed, Mo~gagc, etc.) ~o ~ ~ S ~,~/~ The premises herein is situated in SUFFOLK COUNt, NEW YO~. In the V~LAGE DECLARATION OF COVENANTS THIS DECLARATION, made the t~1~ day of ~i_~+C~¥'¥~f , 19q~ by Thomas Boyle , residing at 35 Walker Street, Malverne, New York 11565 (herein called the "Declarant'') WHEREAS, the Declarant is the owner of certain real property situate in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule A; WHEREAS, the Declarant made application to the Board of Southold Town Trustees of the Town of Southold (herein called the "Board") for a permit pursuant to the.Southold Town. Ordinance entitled "Regulating and the Placing of Obstructions in and on Town Waters and Public Lands and the Removal of Sand, Gravel or Other Materials from Lands under Town Waters" to construct a stone revetment, place backfill, construct a one-family dwelling, sanitary sYstem, driveway, etc., more particularly shown on a site plan prepared by Roderick Van Tuyl, last revised 9/20/94, herein attached as Schedule B; WHEREAS, for and in consideration of the approval of the permit, the Board has deemed it to be for the best interests of the Town of Southold 'that the within covenants and restriCtions be imposed on said property and as a condition'of said approval the Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and desires to make, execute, and file the within Declaration, DECLARATION OF COVENANTS Page 2 NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish covenant and agree that said property hereinabove described shall hereafter be subject to the following covenants which shall' run with the land and shall be binding upon all purchasers and holders of said property, their heirs, executors, legal representatives' distributees, successors and assigns, to wit: (1) Declarant, his heirs, executors, legal representatives, disbributees, successors and assigns shall cause a topographical survey by a licensed surveyor to be prepared of the property lying within 50' of the easterly property line and not greater than 50' above (landward) of the line of mean high water on the date of such survey, such property belonging to the Town of Southold as shown on attached 'Schedule B; within two weeks of the date of completion of backfilling of the stone revetment. Said topographical survey shall be supplied to the Board to be placed in Declarant's file. Thereafter, Declarant, his heirs, executors, legal repre- sentatives, distributees, successors and assigns shall be responsible for the restoration of the Town property to the contours, elevations and configuration shown on Schedule B follow- ing a major storm event, as Such term is construed in the Board's permit. The period in which such work is to be undertaken is to be agreed upon between the Declarant and the Board. Upon completion of such restoration, Declarant shall supply a topographical survey SCHEDULE A SCHEDULE A ._;LCC.,i,5 ~l. ,OOt .t / gl /TI Ill :ti ' C Z RODERICK VAN TUYL (L.S.) ~ CO~IN VAN TUYL RODERICK VAN TUYL, P. C. Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 1 1944' (516) 477-0170 SCHEDULE B October 27, 1995 Description: Boyle property N/s Leeton Drive, Southotd Beginning at a point on the northerly line of Leeton Drive, 550 feet westerly along said line from the westerly line of Kenney's Road, said point being the southwesterly corner of land of the Town of Southold; running thence along said northerly line of Leeton Drive, S.45°35'30"W~100.0 feet to land of Fatimi; thence along said land, N.44°24'30"W.-176 feet to the ordinary high water mark of Long Island Sound; thence along said high water mark, easterly then southerly then easterly a total of 140 feet, more or less, to said land of Town of Southold; thence along said land, S.44°24'30'E.-125 feet to the point of beginning. Containing 15,100 square feet. Colin Van Tuyl To: En-Consultants EN-CONSULTANTS, INC. 1329 NORTH Si=A ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES FAX NO. 516-283-6360 516-283-6136 February 13, 1995 Board of Trustees Town of Southold 53095 Main Road Southold, New York 11971 THOMAS BOYLE Dear Trustees= As required by your Permit No. 4398, I enclose a draft of the Declaration of Covenants concerning the restoration of the Town property immediately east of Mr. Boyle~s property. Please cause it to be reviewed and notify me of any changes, addi=ions, deletions, etc. Upon your notifica- tion that an acceptable version has been produced, it will be forwarded to Mr. Boyle for his signature and be filed with the Clerk of the County of Suffolk. RLH: KD Enclosure V~y truly yours, 7. Pres iden~ TOTRL P. 01 ~ 02-13-199~ 09:47R~ FRO~ FNTCONSULT~NTS, INC TO 7651823 P,01 EN-CONSULTANTS, INC. FEB i A t995 ~ 3~9 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 FACSIMILE TO: Board of.Trustees, Town of Southold FROM: En-C0nsultamt.s, Inc. DATE: 2~0/95 RE: Thomas Boyle. Please review requisite Declaration o£ Covenants for the above- referenced project andprovide comments or approval. NUmBER OF PAGES (WITH COVER SHEET) ,.,4 FROM ~NiCONSULTANTS, tNC TO 7651823 P.02 D. EC?.~RATI ON _OF COV~'NAN~ THIS DECLARATION, made the__daY of , 19__ by Tho~s Boyle _, residing at 25 Walker Street. Malverne. N~w York 11.565 (herein called the -D~¢larant") WHEREAS, the Declarant is the owner of certain real property situate in the Town of Southol~, County of Suffolk, State of New York, more particularly bounded an~ described in Schedule WHEREAS, =he Declarant made application to the Board of Southold Town Trustee~ of the Town of Southold (herein calle~ ~he "Board") fur a permi~ pursuan~ to th~ Suuthold Town Ordinance entitled -Regulating and the Placing of Ohs=ructions in an~ o~ Town Water~ an~ Public Land~ and the Removal of San~, Gravelor Other Materials from Lands un,er Town Water~" ~o construct a revetment, place backfill, construct a one-family dwelling, sanitary system, driveway, etc., more particularly shown on a site plan prepared by Roderick Van Tuyl, last revised 9/20/94, herein attached as Schedule B; WHEREAS, for and in consideration of the approval of the permit, the Board has deemed it to be for the best interests of the Town of Southold that the within~ covenants and restrictions be imposed on said property and as a condition of said approval the Board has required that the within Declaration be recorded in the Suffolk county Clerk's office; and WHEREAS, the Declarant has considered the foregoing and de~ires to make, execute, and file the within Declaration, FROMCN-CONSULTRNTS, INC TO ?651823 P.03 DECLARATION OF COVENANTS Page 2 NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for ~he purpose of carrying out the intentions above expressed, does hereby make known, admit, publish covenant and agree that said property hereinabove described shall hereafter be subject to the following covenants which shall run with the land and shall be'binding upon all purchasers and holders of said property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (1) Declarant, his heirs, executors, legal representatives, disbributees, successors and assigns shall cause a topographical survey by a licensed surveyor to be prepared of the property lying within 507 of the easterly property line and not greater than 50' above (landward) of the line of mean high water on the date of such survey, such property belonging to the Town of Southold as shown on attached schedule Bi within two weeks of the date of completion of backfilling of the stone revetment. Said topographical survey shall be supplied to the Board to be placed ~_'~cl~a~s file. Thereafter, Declarant, his heirs, executors, legal repre- sentatives, distributees, successors and assigns shall be responsible for the restoration of the Town property to the contours, elevations and configuration shown on Schedule B follow- lng a major storm event, ~___?~.?h.~ ~.~~..~.~t~.e~o~a~r~d~9 ~permit. The per~od in which such work is to be undertaken i~ to be ~agreed upon between ehe Declarant and the Board. Upon completion of such restoration, Declarant shall supply a topographical survey ~2-1E-1995 09:48AM FROM ~N-CONEULTANTS, INC TO 7651@2E P.04 DECLARATION OF COVENANTS Page prepare~ by a licensed surveyor to demonstrate that the pre- existing conaitions have been re-created to the fullest e~hent possible. I= is further recognized that the ~horeline of the Town property may be subject to forces and effects other than those created by the installation' of Declarant's revetment and that Declarant is not responsible for work beyond area described herein. (2) The within Declara=ion may not be annullea, waived, changed or modified, unles~ and until approved by resolution of the Board or its successors. IN WITNESS WHEREOF, the De¢larants have executed this Declaration the day and year first above written. Thomas Boyle STATE OF } SS: County of ) On the day of , 19 before me personally came TkO~s Bovle _, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. Notary Public TOTAL P. 04 New York State DepadmentofEnvironmental Conservation Building40---SUN~ StonyBrook, New York11790.2356 Telephone= (516) 444-0365 Facsimile: (516) 444-0373 February 1, 1995 Langdon Marsh Commissioner Thomas Boyle 35 Walker St. Malverne, NY 11565 Dear Mr. Boyle: RE: 1-4738-00557/00001-0 In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously ~"posted at the project site and protected from the weather. Very truly yours, GWH: jr enclosure File George W. Hammarth Deputy Regional Permit Administrator ~ printed on recycled paper MEg YORK STATE DEPART#E#T OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 1-~T~8-00557/00001-0 FACILITY/PROGRAH NUMBER(S) · TYPE OF PERMIT m .~ ~ Rens~,ml PE IT Uncier t:be Envirm'ane~taL Canservat ja~ LaM Modification ~ Permit to Construct EFFECTIVE DATE January 27~ 1~; EXPIRATION DATE(S) January ~1, 2000 Permit to O~erate J ! a D O O n Article 15, Title 5: Protection of Waters ArtiCle 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic ar~t Recreational Rivers Other: 6NYCRR ~: Water Quality Certification Article 17, Titles 7, 8: SPOES Article 19: Air Pollution Control Article Z~, Title 27: #ined Land RecLanmtjon Article 24= Freshuater Wet[an Article 25= Tic,al WetLar~is Article 27, Title 7; 6NYCRR ]60: Solid Waste Management Article 27, Title 9; 6NYERR 37'5: Nazardc~s Waste Management Article ~4: Coastal Erosion #anagement Article 36: F[oc~JpLain Mar~age~ent Articles 1, 3, 17, 19, 27, 3?; 6NYCRR ~80= Radiation Control PERMIT ISSUED TO J TELEPHONE NUMBER Thomas Boyle J (516) 5~-78~1 ADDRESS OF PERHITT'EE 35 Walker St., Matverne, NY 11565 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Roy L. Haje, Eh-COnsultants, Inc. (516) 28~-6~60 1329 North Sea Rd., Southan~oton+ MY 11968 NN~E AND ADDRESS OF PROJECT/FACILITY Boyle Property - north side of Leeton Drive; approximately 550~ west of Ken~eys Rd., Southotd LOCATION OF PROJECT/FACILITY SCTN # 1000-059-1-? COUNTY I TOWN Suf fo t k Southo ld WATERCOURSE ! NYTM COORDINATES Long Island Sound Construct approximately 140 linear feet of neu stone revetment and backfill uith 2000 cubic yards of upland sand. Construct a single family duelling uith decking, and septic syst~ and driveuay. ALL uork shall be as shown on the attached HYSDEC approved plans. By acceptance of this permit, the permitteeagrees that the per. it is contingent ~ strict cc~npLiance with the ECL, all applicable regulations, the Genera[ Corx~itions specified (see ~ Z) and any Special Conditions included as part of this permit. DEPUTY REGIONAL PERMIT ADMINISTRA- TOR: George W. Hammarth · ADDRESS BLdg. 40, SUNY, Roee 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE January 27, 1995 Page I of 6 GENERAL CONDITIONS Inspections 1. The permitted site or facility, kncluding relevant records, is subject to in-spection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permit'tee is complying w/th this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and · S .APA 401(3). A copy of this' perm/t, including all referenced maps, drawings and spec/al conditions, must be available for inspection by the Department at alt times at the project site. Failure to produce a copy of the perm/t upon request by a Department representative is a violation of r. kis permit. Permit Changes and Renewals 2. The Department reserves the right to modi.fy, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pert/_nent regulations is found; b) the pe,,'-n~t was obtained by misrepresentation or failure to disclose retevant facts; c) new mater/al information is discovered; or d) environmental conditions, retevant technology, or applicable law or regulation have mater/ally changed since the permit was issued. The perrn/rr~ must subm/t a separate wr/tten application to the Department for renewal; modification or transfer of ttSs perm/t. Such application must include any forms, fees or supplemental information the Department requires. Any renewal, mod/.fication or transfer granted by the Department must be in writing. The perrnittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge ~minafion System (SPDES), Hazardous Waste Management Fac//ities (HWS~), major Air Pollution Control (APC) and SoLid Waste Management Facilities (SWMF); and b) 30 days be~bre expiration of all other permit types. Unless expressly provided for by the Department, issuance of th_is pe~t does not modify, supersede or rescind any order or dete~wnination perviously issued by the Department or any of the terms, conditions or requirements contained/n such order or determination. Other 6. Legal Obligations of Permittee The permitree has accepted expressly, by the ex<ution of the application, the full legal responsibility for ail damages, direct or indir<t, of whatever nature and by whomever suffered, ar/sing out of the project described in tl~s permit and has agreed to indem~ and save harm/ess the State from suits, actions, damages and costs of every name and description resulting from this project. o This permit does not convey to the perrnittee any right to trespass upon the lands or interfere with the r/parian r/ghrs of o~ers Ln order to perform the permitted work nor does it author/ze the impairment of any rightS, :rifle, or /nterest in rea! or personal property t~e!d or vested in a person not a party to the permit. 8. The pen-nirree is responsible for obtaining any other permits, approvals, lands, easements and Eghts-of-way that may be required for th.is project. Page 2 of * 6 9S~2t)-6a (7;92)-- 25c ADDITIONAL GENERAl- CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part 608 ( Tidal Wetlands 9 That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the peopje of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, the owners, si3all, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable · and flood capacity of the watercourse. No cIaim shah be made against the State of New York on account of any such remova'[ or alteration. 10 That the State of New York shall in no ca>e be liable for any damage or iniurv to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shah accrue from any such damage. 11 Granting of this permit does not re{lev, the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard~ New York State Office of General Services or local government which may be required. 12. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 13 Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 14 There shall be no unreasonable interference with navigation by the work herein authorized. 15 If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shaH, without expense to the State, and to such extent and in such time and manner as the Department of Environmenta] Conservation may require, remove all o~' any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such rem0va[ or alteration. 16 If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein ate met. 17. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by 2/10/92 survey by Rode~ick Vcn TuyZ,L.S. ,l~st revi_ss:t~8/22/94.S~set 1 of 1 ~ ~ ~3crsult~Ycs ck3t~/2/~3/92,1~t rsvissd 9/20/94.~ ~em sta~p~ '~n~ A~ ~ ~ T~ ~ u~hir~s of ~,~±~?~?/0um±~0 ±/~/95. SPECIAL CONDITIONS APPROVED ~LANS: 'A) 2/10/92 survey by Roderick Van Tuyl, L.S., last revised 8/22/94. B) Sheet 1 of 1 prepared by En-Consultants dated 2/13/92, last revised 9/20/94. Both sheets stamped "NYSDEC Approved As Per Terms and Conditions of Permit ~ 1-4738- 00557/00001-0 1/25/95". Rock revetment shall consist of natural capstone a minimum of 3-5 tons in size, corestone a minimum of 10 pounds in size and the toe shall be installed a minimum of 2' below apparent low water or 3' below mean sea level and all shall be underlain with filter cloth. ® Construction of the revetment shall be completed before any backfill is placed behind the new structure. ® To protect the values of the tidal wetland, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 10 linear feet landward of the tidal wetland boundary. DEC PERMIT NUMBER 1-4738-00557/00001-0 PROGRAM FACILITY NUMBER Page3 df 6 95-20-6f (7/87)--25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 25 SPECIAL CONDITIONS Tidal Wetlands For Article. (. ) e e e 10. 11. 12. 13. Ail areas of soil disturbance resulting from this project shall be stabilized immediately following project completion or prior to permit expiration, whichever comes first. The approved methodologies are as follows: stabilization of the entire disturbed area with appropriate vegetation (grasses, etc.). A row of staked hay bales or approvable erosion control devices shall be placed at' the landward edge of the buffer area or 25 linear feet from the property line,.or as per NYSDEC approved plan at commencement of regulated activities and remain in place until project is completed and all disturbed areas stabilized with vegetation. Roof runoff shall be directed to drywells a minimum of feet landward of the tidal wetland boundary for immediate on-site recharge. Driveways and parking areas shall be constructed of pervious material. Roads, driveways, and/or parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. Ail fill shall consist of "clean" gravel and soil (not asphalt, slag, flyash, broken concrete or demolition debris). No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. No excavation of the beach is authorized for the purpose of obtaining fill or stonematerials. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. The permittee shall incorporate the following language as a notice covenant to the deed: DEC PERMIT NUMBER 1-4738-00557/00001-0 FACILITY ID NUMBER PROGRAM NUMBER Page 4 of 6 95-20-~f (7/87}--25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 25 Tidal Wetlands For Article. (. "Regulated tidal wetlands associated with Long Island Sound are located at Suffolk CountY Tax Map Number: District 1000, Section 59, Block 1__, Lot !, otherwise known as the properties of Thomas Boyle and his heirs, assigns or successors. This property is subject to the provisions of New York State Environmental Conservation Law (ECL) Article 25 or its successor, and the conduct of regulated activities may occur only pursuant to ECL Article 25 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) or its successor. Regulated activities include, but are not limited to the erection of any structure(s); excavation; dredging; grading and filling; clearing of vegetation; and application of chemicals." This deed covenant shall be recorded With the Clerk of Suffolk County with 90 days of the issuance of this permit. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be sent within one calendar year of the issuance of this permit to: NYSDEC, Regional Manager, Bureau of Marine Habitat Protection, SUNY Building 40, 'Stony Brook, New York 11790-2356. Supplementary Special Conditions (A) thru (F) attached. DEC PERMIT NUMBER 1-4738-00557/00001-0 FACILITY ID NUMBER PROGRAM NUMBER Page 5 of 6 At thai_east 48 hours Prior permittee top portion o~a~n~d contractor sh=~n~cem.en~ of the ~--._ _ ~ uae certifying that they are fully aware all ~erzs and C~ndltlons of this pe~f and understand days of completion o Portion of th t ~f >he pe~' . At.. Within a!o~g With photographs of the ~gne~ a~d returned, SUP~L~ENTARy SPECZAL CONDITZONs The following conditi Wetlands; Coas ~ ~O~s_ .apply to al · Recreatio~a~ Rivers ~e~its: , A, A copy of this ne ' · .. approved n!=~- = ~lt, lnclud'~ whenever ~,.~, .snail be av~U~ all conditio =~,. ==uner and ~o~-~ ~=~lU shall ~- i jne Perit --~ Site Unt~ ~.~==u !m a cOns~_ ~= prOEected The Pe~ittee shall re~ire ~at an Project engineer or O~er person rL%S~%~o~gr the OVerall supervis~on of this project reads, ~derstands and complies with t '. ~P~?ial, and su,~_~is. Pe~it and ~ .. ~iting, shall be t ~?n~lons a~ --~ .~*=~on Law. ~= lon of the ulvlsion of '~f_~CZear, the pe~~= an% of the e~' appropriate o"-' ~e pe~ittee .=~=, ~me ~e~=~sar m=zor to Undert~'~_une Regional modifications. The pe~ittee is adv' Substantial modific · -~g any such new applicat{~- ~ atlon may ~.~_ iced that slo~ of a required, a survey. Completed work and, if For ~ · '. .. . ro]ects lnvo.lv~ng actlvities t phases OVer a perlo o Administrator in writing at least 48 hours prior to ~ ona£ Pel-mit recommencing Work in SUbsequent years. To~e~,granting of this · ~ one responsib.~ ~ P_el-ml.t does no l-_ty uf O~taininq ta relieve the e ' ' ~ra~ P rmltte~ other necessary aPProval from the Division of Land Utilization, Office of ment, or _ - ~ "~--, ease - EmPire State General Services, Tower Building, may be' recui.~e5aza, Albany, NY 12242 ~51~) Underwate~J. - for any encroachment 474-2195, Which Upon State-owned lands New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 Telephone (516) 444-0365 Facsimile (516) 444-0373 COABTAL CONSISTENCY CERTIFICATION DEC $1-4738-00557/00001-0 Langdon Marsh Commissioner Project Name Thomas Bo le Revetment House & Se tic S stem Project Location Lonq Island Sound, Leeton Drive Southold Suffolk · ' -- I have determined that: the project will not substantially hinder the achievement of .any coastal policy or purpose and, whenever practicable, will advance coastal policies. although the project will substantially hinder the achievement of a coastal policy or purpose, (a) no reasonable alternatives exist Which allow the project to be taken in a manner which would not substantiallyhinder the achievement of such policy or purpose, (b) the project minimizes all adverse effects on the coastal policies and purposes to the maximum extent practicable, COMMENTS This project involves construction of a new single family dwelling and septic system on a parcel fronting on Long Island Sound. In order to stabilize the shoreline sufficiently to allow the residential development, a stone revetment consisting of 3-5 ton capstone set on 10 pound bedding stone and filter fabric will be constructed at and seaward of the line of mean high water. The project will entail the filling of approximately 2100 square feet of littoral zone tidal wetland. The site is located just west of the Town of Southold,s Kenneys Beach municipal bathing beach facility. Our review of the application included several site visits to the Boyle property and the adjacent neighborhood. We observed that the property is a small (approximately 15,000 square feet of upland) beach front parcel with an irregularly shaped, eroded shoreline. This shoreline contains the remnants of at least three failed stabilization structures, including the eastern end of a concrete seawall, a timber bulkhead, and stone rip rap. The erosional, scarp is closest to the road on the eastern half of the property shoreline, and there is a void or scoured area landward printed on recycled paper - 2 - of'the remnants of the conCrete wall. A bank of maybe six feet in height leads from the eroded area to the upland portion of the property, which is vegetated with typical beach/shoreline and upland grasses. Dominant littoral drift on this section of Long Island Sound shoreline appears to be from west to east. There is an existing groin field running from the site approximately 2500-3000 feet to the west. The closest groin is approximately 10 feet west of the Boyle property. In my opinion, the Boyle property is in the "shadow" of the groin field, meaning that the natural west to east movement of sand in the littoral system here has been interrupted or stopped completely by the updrift groins so that little or no material reaches the site. Over time, as storms, tides, and other natural processes remove sand from the Boyle shoreline, these groins prevented the natural replenishing action of the littoral system. This is clearly evidenced by the "full" updrift sides of the groins west of the Boyle site, and the numerous attempts to stabilize the Boyle shoreline with structures over the years. It is also instructive to note the location of apparent high water in 1969 was at least 50 feet seaward of its present location. On its face this project appears to contravene several off the coastal policies~ but consideration of the circumstances and project design leads to the conclusion that the proposal does not hinder any policies, and in general complies with applicable policies to the greatest extent practicable: Several policies concern the proper siting of water dependent and non-water dependent uses in the coastal ar~a. While the subject proposal, residential development, is not water dePendent, the parcel is residentially zoned, and has been for many years. The site, with the approved revetment, will have sufficient area to allow the proposed house and septic to meet all regulatory standards of Town. of Southold, Suffolk County Dept. Health Services, and DEC. The alternative of denying the approval and perhaps being legally required to purchase the property is not acceptable to the Department. Coastal policies dealing with the design and siting of development to protect natural protective features, and minimize damage to natural resources such as tidal wetlands apply here. Most of the Boyle property can probably be considered a natural protective feature because it is Long Island Sound beach and dune. The Coastal Erosion Hazard Area boundary (6NYCRR Part 505) roughly bisects the parcel. The fact that the applicant has owned this residentially zoned property for many years and has consistently attempted to protect it from erosion is an important consideration as is the fact that the particular beach/dune - 3 - system is subject to significant erosion. We believe that the adverse effects of the groin field are the major factor contributing to the erosion of the natural protective feature on this property. The proposed revetment, although a hardening structure, is in our opinion required to maintain the integrity of the dune. As the groin field has interrupted the movement of sand in the littoral system and essentially cut off the Boyle beach from its littoral sand source, we believe that the natural function of the protective feature has been impaired, and that the revetment is necessary to prevent its elimination. As the proposed house and septic system have been located as far landward as possible, we do not expect them to further impair the function of the protective feature. The revetment and backfill will eliminate an area of littoral zone tidal wetland, but the applicant has shown that the incursion is justified in order to protect the property° Also, the area to be filled has already been disturbed by the construction and subsequent deterioration of the wood bulkhead, concrete wall, and riprap. The value of this area as a productive wetland area is limited. Policies concerning the construction of shoreline stabilization structures, erosion and flooding effects, and · alternatives alsoapply to the Boyle project. ~ne of our primary considerations in deciding to approve a shoreline hardening structure on this parcel was the obvious need for a structure. Asdiscussed above, we believe that the updrift groin field precludes any significant sand movement onto the Boyle property, creating a situation where periodic storm tides remove more and more of the sand from the eroded scarp. This is how the concrete wall was flanked and the current beach/bank contour established. To bring sand onto this property as a beach nourishment or dune reconstruction project is almost certain to be futile because of the non-functional littoral system and the north/northeast facing fetch here. Any significant storm event would quickly remove most or all of the sand placed. It seems to us that the be. st way to protect this shoreline without causing undue adverse impacts on the subject or adjacent properties was construction of a sloping stone revetment to be tapered as it approaches its east end. The sloped face of the structure is designed to present a non-vertical barrier to incoming waves which will disperse at least some of the wave energy without resulting in toe scour. The elevation of the structure will be gradually reduced as it approaches its eastern terminus so that any scour or erosion effects induced on the Town of Southold property to the east will be reduced or eliminated. - 4 - I find that, as approved in the attached permit, this project minimizes adverse effects to the applicable coastal policies or purposes and natural resources. When considered with the fact that we can identify no alternative which would,allow the project to proceed without at least appearing to hinder the achievement of one or more policies, the project as approved is consistent to the maximum extent practicable with the state coastal policies. Prepared by Georqe W. ~smmarth, Deputy Reqional Permit Aaministrator, NYSDEC Reqion I (Name, Title, DEC Region/gffice)~ Date January 27, 1995 ~,-~F;~~.~9%~w~ GWH: nw copy to: X file X DOS Coastal Management X Permittee X Southold - T Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO..~..'3..~...~ ...... DATE: ... 1.Z / ~..2../9.P, ....... ISSUED TO .....T.~.O. MA,~...]~Q.%L.E ........................................................................... Pursuant fo the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND 'PUBLIC LANDS and fh.e REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the ResoJufion of The Board adopted a+ a meeting held on ..... 19....9~.., and in consideration of the sum of $ ....... ' ................. paid by of ........ 5g.~.h~!.d ......................................................... N. Y. and subiec+ Terms and Conditions listed on ~he reverse side hereof, of Sou+hold TOwn Trustees authorizes and permits +he following: RESOLVED, that the ~oard O~ Trustees approves the application of Eh-COnsultants I~c., on behalf of ~O~ BO~E to const~ct 170+/- 1.f. of s~cne reverent and backfill with 2,500+/- c.y. of clean sand to be trucked in from upland sc~ce. P~pose of structure is to prevent further erosion to property and concrete wall which is co~lapsing. Project is an ~ergen~. Applic~= ~1 would like to construct a one-f~ly dwelling, sa~ta~ syst~, a~ driveway, all as shown on site plan. Ail in accord~ce wi~ the~ a~ [Trustees condition that the Owner Will restore ~e bluff ~ve ~ ~, NOTE: Applicant would like to ~end this application, as per reco~endati0Ds of the DEC in their letter dated ~rch 15. (See attached) The applicant must file with the S~folk Co~t~ Clerk ....... t on the l~d that r~ires the l~d .... to J ~ T restore the To~ property to the east ~ove ~ to a ceftin O rusfees {ere- elevation after ~ major sto~ event. This elevation of t~e ~ grade will be de~e~ined b~ a licensed land s=veyor i~e~atel7 %~ese presen%s after the structure is built. u au~rioeo Dy a majority oT The sala DOara as O{ +his daf,e. t · Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 DeCember 23, 1994 En-Consultants Inc. Mr. Roy Haje 1329 North Sea Road Southampton NY 11968 Re: THOMAS BOYLE SCTM ~59-1-7 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during its regular meeting held on December 22 1994 regarding the above matter: ' WHEREAS, En-Consultants Inc., on behalf of THOMAS BOYLE applied to.the Southold Town Trustees for a permit under the provisions of the Wetlands Ordinance of the Town of Southold, application dated July 20, 1992, and, WHEREAS, said application waS referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 17, 1994 at which time all interested persons were given an opportunity to be heard and, , WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted'concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code which will be listed on .... a separate page, and, ' WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of Eh-Consultants Inc., on behalf of THOMAS BOYLE to construct 170+,/- 1.f. of stone revetment and backfill with 2,500+/- c.y. of clean sand to be trucked in from upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Project is an emergency. Applicant would like to construct a one-family dwelling, sanitary system, driveway, all as shown on site plan. Ail in accordance with the Trustees condition that the owner will restore the bluff above MHW. NOTE: Applicant would like to amend this applicatfon, as per recommendations of the DEC in their letter dated March 15. (See attached) The applicant must file with the Suffolk County Clerk a covenant on the land that requires the landowner to restore the Town property to the east above MHW to a certain elevation after a major storm event. This elevation of the grade will be determined by a licensed land surveyor immediately after the structure is built. Permit to construct project will expire two years from the date it is signed. Fees must be paid~ if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEEs: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh .cc. CAC D.EC Og-21-1gg4 10:4SAM FROM EN-CONSULTANTS. INC TO ?G51823 P.02 Y lC State Depart_men. t o! Environmental Conservation · New York 1179O-2356 ~ 4~--$UNY, ~ony Broo~ (516} 751-1389 FAX (~16) 751-3839 March 15, 1993 Thomas C. ~orling Commissioner Mr. Roy HaJe Eh-COnsultants, inc. 1329 North Sea Road Southampton, NY 11968 1-4738-00557/00001-0 (Boyle} SOUTHOL_ Dear Mr- Haje: The Department of Environmental Conservation has completed its preliminary review of the referenced application for Tidal Wetlands, Protection of Waters, water Quality Certification approval to construct astone revetment a~d. reques~ f~ jurisdictional determination on a proposal =o cons~ruc= a single family .dwelling and septic system on the Boyle property on Leeton Drive in Southold. Initially, we do not have enough information to determine the jurisdictional status of the upland improvements. The survey submitted with the application does not contain the required information to document that the proposed house, to ora P-? P ..... = =-~ ....... ,, ~e located landward of the crest of a sep_ . .Y ........ , ,n ~,.. above mean sea level. The line of apparent high water Ks now locaCe~ lan=war= authorized under the previous permit, ~* *~ ,~lsm~d improvements are ln~ . the survey must be updated to include elevation_contour ._ foot intervals and show the crest of the =t lea~t 10 feet. Until we receive information to show otherwise, we are assuming that the entire lot is in jurisdiction. With thi~ in mind, the ho~se and septic system do not meet the minimum setback requirements of Part 661. We found the house/deck to ~e 62 ~eet from apparent high water and the septic system 73 fee= from apparent high water. These setbac~ may. have been further reduced by the recent storms. The Department objects to the location of the proposed revetnnent. Construction of a shoreline stabilization structure seaward of apparent high water (in a tidal wetland) must be compatible with the purpose and policy of Article 25 ~o pre$er~ and protect tidal wetlands and prevent their despoliation an~ destruction- We believe that installation of the revetment 10:46AM FROM EN-CONSULTANTS, INC P. 0~ seaward of the existing stone will have an undue adverse impact on the flood, hurricane, storm control and marine food production benefits of t, he Long Island sound tidal wetland. There may also be impacts to the ability of the adjacent Kenny's Beach to provide recreational benefits. Understanding that the ~tructure is necessary to residentially develop the parcel, we have developed an alternate revetment which will protect and allow use of location for the err' while minimizing adverse effects. The revetment the prop Y . - ...... ~---~ t~ be halfway between the wall a c~n~r~te ........ ~-- s~lits the difference be%ween the concrete sxe · . e structure would be and the existing stone armor.. Th . wall ........ ~ construction location of mean high water backfllle~, an= ~n= ~u=~ used to measure house and septic system setbacks. Based on the location of mea~ high water after the revetment is installed at our revised locatmon, the house and septic system must be relocated to be closer to the ~oad. The 35 foot road achzeve the required 75 feet setback will have to be reduced to 100 feet for the septic system. Any variances for the house and require~ from Town road setbacks should be requeste~ now._ S~ minimal house setback variance relief from ou~ be possible if a compelling, written request practical difficulties, impacts, and mitigation measures. Practical difficulty would include a denied request for Town road setbac~ variance relief. Please be advised that since the site is adjacent to a public bathing beach, there will be no variances entertained for septic system setbacks. The septic system must be located at least 100 feet from the post revetment construction location of mean high water. If you believe the upland portion of the site is outside our jurisdiction, it may be advantageous to prove this with an updated ~urvey. This will eliminate the need to relocate the house and/or request variances. I would strongly suggest pulling the septic system landward no matter how you choose to proceed. Please see the enclosed sketch depicting the approvable revetment location. When you decide how you wi~h to proceed, please submit at least four prints of the survey revised to show the proposed revetment, house, septic system, driveway, and elevation contours in 2 foot intervals referenced to USGVD (if applicable). If you choose not to prove t_he project is out of the jurisdiction, the survey should show the relocated house with reduced deck and relocated septic system and a written request for variance submitted. 09-21-1D~ 10:46~M P~OM I=~I-C,;E]NSULT~NIb, ~N~ - 3 - Please also provide any information the applican~ has abuu= filling activitie~ on this lot since 1974 and written au=horization from the adjacent landowners to the wes= (Fatimi) to allow the revetment to be built on his property. If you have any ~uestions, please, call me at ~he above teleDhone number. T~ank you for your attention in this matter. Very T~--uly yours, George W. Hammarth Sr. Environmental Analyst GWH/nw Eno. cc: T. Boyle TOTRL P.04 t oC at i on. }{nciosure Mr~ Roy Haje En~ ~;o.~.~su 1 t. ants, Inc: ! 32g ?~'©:~?h Sea Road ~vy,~m-v /o+/ c~//3{~,~ ~/~/~ RAYMOND L . JACOB $ SUPERINTENDENT, SOUTHOLD TOWN HIGHWAY DEPART~4ENT Fax (Si6)-765-~750 OFF I CE OF TI-IR TO~I~ OP $ O~J'~HO LD ENGINEERING INSPECTOR ( ~15)-76i-3070 NOVEMBER 29, 1994 MR. AL KRUPSKI President - Town Trustees Town Hall, 53095 Main Road Southold, New York. 11971 Re: Thomas Boyle Residence ProposedRip-Rap Revetment SCTM #: 1000 - 59 - 01 - 07 Dear Al: ~ I have reviewed the file and have inspected the site with regard to the proposed construction project indicated above° It has been recommended that 150 cubic yards of clean sand fill will be required to stabilize the Town Beach at the easterly end of the seawall after severe storm events have occurred. This number appears t6 be a good approximation of the fill that might be required° Please keep in mind however, that it is impossible to predetermine the exact strength of any storm before it happens. In this case youi might want to consider establishing certain elevations that must be maintained at certain bearings and distances from the end of the proposed seawall to control erosion in lieu of establishing a quantity of fill. I would also like to discuss a plan change in the seawall design that might also reduce potential erosion. If the seawall were designed with a 45 degree (+/-) turn instead of a unifOrm radius, it might allow the seawall to absorb more of the energy created by a typical North East storm event that routinely hits the Town of Southold during the winter months. The end of the seawall along the easterly property line should also have a 45 degree (+/-) return to parallel the property line before it terminates. I would also recommend that a heavy non-woven geotextile filter fabric be used below the larger Rip-Rap of the seawall to prevent the erosion of fines from behind the proposed seawall. If you have any questions concerning this report, please do not hesitate to contact my office° Raymond L. Jacobs (Superintendent of Highways) CC: /hmes A.~ Ri~chter, R.A. EN.CONSULTANTS, INC. ENVIRONMENTAL SERVICES 'rowN OF SOUTHOL£ 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 5'~ 6-283-6136 Southold Town Trustees Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: THOMAS BOYLE Dear Trustees: Attached please find correspondence from James H. Rambo, Inc. Containing a calculation of the yardage necessary to correct any erosion which might occur downdrift of the revetment return. With your concurrence, I will prepare, or have prepared, a covenant binding the owner and his successors to maintenance of the beach in this area. Should you have specific wording, as recommended by the Town attorney, please advise so that it may be incorporated in the covenant. Very ~truly/~rs, Roy L. Haj President RLH:jhg Enclosure cc: Thomas Boyle NE'W YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLEI'E APPLICATION APPLICANT: THOMAS BOYLE 35 WALKER STREET MALVERNE, NY 11565 APPLICATION ID: 1-4738-00557/00001-0 PERMrrS APPLIED FOR: [:)ate: 11/09/94 I SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATION I ARTICLE 15, TITLE 5: EXCAVATION AND FILL IN NAVIGABLE WATERS 1 ARTICLE 25: TIDAL WETLANDS PROJECT ~S LOCATED ~N SOUTHOLD ~N SUFFOLK COUNTY. PROJECT DESCRIPTION: APPLICANT PROPOSES TO CONSTRUCT A STONE REVETMENT, SINGLE FAMILY DWELL-- lNG WITH DECKING, SEPTIC SYSTEM, AND DRIVEWAY ON A PARCEL ADJACENT TO LONG ISLAND SOUND. AS PROPOSED, PORTIONS OF THE REVETMENT WILL BE BUILT SEAWARD OF THE LINE OF MEAN HIGH WATER, IN THE VICINITY OF AN EXISTING DETERIORATED SEAWALL, AND WILL FILL APPROXIMATELY 2100 SQUARE FEET OF LITTORAL ZONE TIDAL WETLAND. WITH THE REVETMENT AT THE PROPOSED LOCAT- TION, THE HOUSE AND SEPTIC SYSTEM WILL MEET THE DEVELOPMENT RESTRICT- IONS OF PART 661. THE SITE IS LOCATED ON THE NORTH SIDE OF LEETON DR., APPROXIMATELY 550 FEET WEST OF KENNYS RD. IN SOUTHOLD. SCTM # 1000- 059-1-7 STATE ENVIRONMENTAL QUALrI'Y REVIEW {SEQR) DETERMINATION: SEQR - 3B Project is an unlisted action and will not have a significant impact on the environment. A negative declaration is on file. No coordinated review was performed. SEQR LEAD AGENCY None Designated STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION: SHPA - I Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic, structures were identified at the project location. No further review in accordance with SHPA is required. THIS PROJECT IS LOCATED IN A COASTAL MANAGEMENT AREA AND IS SUBJECT TO 'rile WATERFRONT REVITALIZATION AND COASTAL RESOURCES ACT. AVAILABILITY FOR PUBLIC COMMENT: CONTACT PERSON: Comments on this project must be GEORGE W HAMMARTH submitted in writing to the Contact SUNY CAMPUS, BLDG 40, ROOM 219 Person no later than 12/09/94 STONY BROOK, NY 11790-2356 (516) 444-0365 TO THE APPLICANT: 1. THIS IS NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your application. 3. Your project is classified MAJOR. Accerdingly, a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary, you will be notified within 60 days and the hearing will cemmence within 90 days of the date of this 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 in a newspaper is required. Consult the accompanying Instructions for Newspaper Publicetion. y SEND TO: 'L,...._ SOTHOLD TRUSTEES CC: Chief Executive Officer Environmental Notice Bulletin, Room 509, 50 Wolf Read, Albany, N.Y. 12233-4500 File SOTHOLD TRUSTEES US Army Corps of Engineers New York Dfstrict Jacob K. Javfts Federal Bui[dfng New York, N.Y. 10278-00~0 ATTN.: Eegu[atory Branch ,,,PUBLIC NOTIC~ NOV 7 1994 TOWN OF SOUTHOLD In r~[~i~ refer to : Pubiic Notice Number: ¢~.N~-OP-R Issue Date: October 24, 199~ Expiration Date: N/A To Whom It May Concern: Enclosed please find a listing of permit decisions made by the New York'District, Corps of Engineers during the past month. To facilitate your review, this is an explanation of the three-letter code denoting the type of permit issued: FAI -- issued after-the-fact permit FGP -- issued regional/state program general permit FLP -- issued letter of permisSion FIM -- issued modified permit FIP -- issued individual permit FNW -- confirmed applicability of nationwide general permit(s) For information concerning projects authorized in New Jersey, New York City, Westchester and Rockland Counties and on Long Island, pleas~ contact the Eastern Permits Section at (212) 264- 6731. For information concerning projects authorized in other areas of New York State, please contact the Western Permits Section at (212) 264-0185. FOR THE DISTRICT ENGINEER: ~;l~f~.-eph J. Seebode v ~ief, Regulatory Branch 13 Oct 1994 NEW YORK DISTRICT, CORPS OF ENGINEERS Final Actions Between 09/01/1994 and 09/30/1994 Page: 1 APPL-NO TYPE DATE APPLICANT 199403480 FAI 14 Sep 1994 Genicoff, Alan 199405600 FGP 02 Sep 1994 Aversano, Salvatore 199407760 FGP 08 Sep 199407900 FGP 12 Sep 199408380 FGP 14 Sep 000900918 FIM 20 Sep 199208741 FIM 22 Sep 199213961 FIM 21 Sep 199302541 FIM 09 Sep 1994 Vigliotti, Charles 1994 Cembrook, Jr., Robert 1994 Osserman-Laser, Wendy 1994 Mann, Michael & Meryl 1994 Hardy, Joseph 1994 Zingale, Stephen 1994 Pulvidente, Ben 199308080 FIM 01 Sep 1994 Baranaskas, Cynthia 199309901 FIM 23 Sep 1994 U.S. Fish and Wildlife Service 000910871 FIP 20 Sep 1994 NY State Dept. of Env. Conservation 000920263 FIP 28 Sep 1994 U.S. Department of the Army 199208490 FIP 19 Sep 1994 Grace~ John 199303410 FIP 26 Sep i994 New Jersey Transit Corporation 199311450 FIP 19 Sep 1994 Scenic Hudson, 'Inc. 199312820 FIP 29 Sep 1994 Maiorino, William 199314940 FIP 14 Sep 1994 WestertyMarina, Inc. 199402410 FIP 19 Sep 1994 Atlantic Farms Homeowners Assn. 199402870 FIP 01 Sep 1994 Hocker, Edward & Patricia 199404420 FIP 13 Sep 1994 Town of Babylon 199404570 FIP 02 Sep 1994 Campbell, Robert 199404770 FIP 22 Sep 1994 McCabe, Terrence 199404840 FIP 20 Sep 1994 Atlantic Avenue Holding Corporation 199405120 FIP 01 Se9 1994 Sanders, Dolores 199400920 FLP 30 Sep 1994 Northport Yacht Club 199404580 FLP 20 Sep 1994 Bacon, Louis 199405180 FLP 22 Sep 1994 Ilich, Richard 199406870 FLP 23 Sep 199406990 FLP 12 Sep 199311100 FNW 30 Sep 199312610 FNW 28 Sep 199404580 FNW 20 Sep 1994 Nunnakoma Waters Association, Inc. 1994 Smillie, Peter 1994 City of Perth Aafooy 1994 NY State Dept. of Transportation 1994 Bacon, Louis 199405930 FNW 02 Sep 199406120 FNW 01 Sep 199406650 FNW 20 Sep 1994 NJ Department of Transportation 1994 NJ Department of Transportation 1994 NYC Department of General Services 199407360 FNW 21 Sep 199408020 FNW 27 Sep 199408110 ~ 06 Sep 1994 Hewlett, Roger 1994 Boyle, Thomas 1994 Vollmer, Harold k99408130 FNW 02 Sep 1994 Hinkeldey, James 199408150 FNW 06 Sep 1994 Burdge, Jr., Richard WORK DESCRIPTION CITY/TOWN COUNTY ~ S~ Hempstead Nassau NY Babylon Suffolk NY Glen Cove Nassau NY Islip Suffolk NY Brookhaven Suffolk NY North Hempstead Nassau NY Shelter Islan~ Suffolk NY Hempstead Nassau NY Babylon Suffolk NY Huntington. Suffolk Ny Brookh~ven Suffolk NY Queens Queens NY Bayonne Hudson NJ Oyster Bay Nassau NY Secaucus Hudson NJ Esopus Ulster NY Babylon Suffolk NY Ossining Wes~chester NY Southampton Suffolk NY Riverhead Suffolk NY Babylon SUffolk Ny Southampton Suffolk NY 0ran~etown Rockland NY Brookhaven Suffolk NY ~empstead Nassau NY Huntington Suffolk NY Southold Suffolk NY Hempstead Nassau NY PIER ASSEMBLY FLOAT ( S ) PILING (S) PIER PIER FLOAT (S) PIER ASSEMBLY DOLPHIN (S) PIER ASSEMBLY GRO IN ( S ) MI SCELLANEOUS PIER ASSEMBLY BOAT LIFT PIER ARTIFICIAL REEF BULKHEAD PIER ASSEMBLY BOAT LIFT FILL IN WETLAND MITIGATION RAMP BULKHEAD BULKHEAD FLOAT ( S ) BREA/fWATER MARINA ADDITION DREDGE WITH UPLAND DISPOS~J~ FLOAT {S) DREDGE WITH UPLAND DISPOSAL. DREDGE WITH UPLAND DISPOSAL BULKHEAD BOAT LIFT PIER BOAT LIFT BULK~LEAD DREDGE WITH UPLAND DISPOSAL PIER ASSEMBLY DREDGE WITH UPLAN~ DISPOSAL PIER ASSEMBLY PIER ASSEMBLY FILL PIER ASSEMBLY PILING IS) PIER ASSEMBLY Southold Suffolk NY PIER ASSEMBLY Shelter Island Suffolk NY CLEANUP OF HAZARDOUS AND TOXIC WAST Perth Amboy Middlesex NJ FILL IN WETLAND Poughkeepsie Dutchess NY PIER ASSES~LY Southold Suffolk NY FILL ROAD Bayonne Hudson NJ SUBMARINE CABLE Highlands Monmouth NJ DECK Brooklyn Kings NY BUL~EAD FILL IN W~LAND Queensbury Warren NY REVETMENT Southoid Suffolk NY BULKHEAD Oyster Bay Nassau NY DREDGE WITH UPLAND DISPOSAL BULKHEAD Oyster Bay Nassau NY DREDGE WITH UPLAND DISPOSAL GROIN(S) Shelter Island Suffolk NY 0CT-20-1994 09:46 FROM TO 8-900779-5167651823 P.01 NEW YORK STATE DEPARTMENT OF STATE DIVI$IOIV of COASTAl RESOURCES & WA TERFROtVT REVFT~t/JZA TION 162 WASHINGTON AVENUE ALBANY, NEW YORK 12:231 USA Phone: (518) 474-6000 FAX: (518) 473-2464 TO: FAX MESSAGE Oo.5 FROM: _B4wo /~Ac L Eo0 DATE: MESSAGE: Number of shee~s (incJuding ~hJs cover 0CT-20-1994 09:46 FROM TO 8-900779-5167S5182~ P.02 ~HT$ INC. NORTH SEA RD, PTON N, Y. llg6~ 516-283,6360 TOTAL P. 02 01:$1PM FROM EN-CONSULTANTS, INC TO P. 85 !TOWN OF SOUTHOLD TOTRL P.05 Meeting of 9/22/94 The Council recommends disapproval of the snow fence because no need is shown. The Council does recommend the Board of Trustees ~J~ to post a sign.' 9205 Skunk Lane, Cutchogue Vote of Council: Ayes: All Motion carried. No. 1185 Moved by Stephen Angell, seconded by Allan ConneI., it was TOWN OF S0UTHOLD RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of BETH BLEVINS 10[~i.~i~23 to relocate existing house to parallel property lines, 24 x 24 garage on east side, 12 x 33 deck on west side. Enlarge existing second floor, enclose existing screened porch, full concrete foundation below raised house (excavation only for footings, area inside foundation to be a crawl space above grade). Existing cesspool on west side to remain. The Council recommends approval provided the following stipulations are fol lowed: 1. Move the cesspools to the front yard near test ho.e No. 2, as far away from the wetlands as possible. 2. Restore natural vegetative buffer. NOTE: Violation - land clearing should be stopped immediately[ Northwest corner of Haywaters Drive and Mason Drive, Cutchogue Vote of CounCil: Ayes: All Motion carried. No. 1186 Moved by Allan Connell, seconded by Stephen Angeil, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Application of THOMAS BOYLE S9-1-7 to construct 170 +/- I.f. of stone revetment and backfill with 25'00 +/- c.y. of clean sand to be trucked in form an upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Letter of Non-Jurisdiction requested for construction of one-family dwelling, sanitary system, driveway, as shown on submitted site plan. The Council recommends approval provided the property owner maintain 50' east of his reyetment (equal to the 50' currently eroded on east side of owner's property). This will protect his property from northeast storms and will avoid damage to the Southold Town Beach. The Council recommends disapproval of the request for a Letter of Non-Jursidiction for the single family dwelling. Project needs to go through the application process. Leeton Drive, Southold Vote of Council: Ayes: All ' Motion carried. No. 1187 Moved by Allan Conneli, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of EDGAR DEBANY 88-5-58 to construct 100 I.f. of timber retaining wall in line with and attached to adjacent wail to west. A 12' return will be constructed on east side. Eroded bank up to 12' landward of proposed wall location will be regraded and 75 c.y. Page 2 EN-CONSULTAN TS, INC. ENVIRON ME NTAL SERVICES 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 FAX NO. 516-283-636© 516-283-6136 September 21, 1994 Mr. David MacLeod State of New York Department of State Albany, New York 12231-0001 RE: THOMAS BOYLE - #F-94-458 Dear Mr. MacLeod: This letter is in resPonse to yours of September 6, 1994. A series of photographs taken by me on September 20, 1994 are enclosed. The photograph looking west from the Town beach depicts the northeast corner, the site of the worst erosion. You will note that the concrete~retaining wall which protects the property is deteriorating badly and backfill being lost. The Boyle property constitutes the easternmost end of the concrete retaining wall which runs approximately 200' to the west. In addition, short fl ! ! ~5 - 20 ) concrete "spurs", or short groins, are spaced periodically along the wall. In addition, an aluminum groin is positioned approximately 10 ' west of the westerly property line. The littoral drift is from west to east. Rocks are present in various locations in front of the concrete retaining wall on the Boyle property. At one time a timber bulkhead located approximately 25' seaward of the concrete wall was present. Its remains are still visible as they protrude approximately 1' above the bottom. The property is vacant but will be developed with a one family dwelling upon receipt of all necessary permits. It is vegetated with beach grass, pine trees, goldenrod and various other upland weeds. Mr. David MacLeod -2- September 21, 1994 The project before you and the Corps of Engineers is the DEC recommended alternative to our original proposal. As such, it constitutes a minimal intrusion into what is now the inter-tidal area. Due to the erosion which has occurred here, that area was a portion of the beach in the not to distant past. The concrete return was adequate to prevent loss of backfill, but has now been outflanked by the migrating water line. If no action is undertaken, we fully expect erosion to proceed both east of the retaining wall and landward of it. This will eventually render the parcel unbuildable with a tremendous loss of economic value to Mr. Boyle. The DEC- recommended alternative tapers the revetment landward so that its effect will be mitigated. We do not believe this configuration will result in any significant downdrift scour as the structure does not protrude out into the waterway, but rather landward. I have reviewed coastal policy 12 and find no contravention of it by the proposed project. In fact, if the structure is not built, additional damage to the natural features, ie. beach and upland, will accrue. With regard to ~policy 17, this property is especially ill-suited to any non-structural remedy. This is a high velocity area where sand alone would have a very short residency. Only large rocks would be able to withstand the force of the water and the erosion associated therewith. The material accumulating on the updrift side of the groin is coarser stone and gravel than is found on the Town beach to the east. This might be due to the migration on and off shore proceeding in conjunction with the littoral drift. The aluminum groin is not located on my client's property and, therefore, cannot be moved by him. It was installed by the Corps of Engineers. If it were to be remOved by the Corps or some other entity, i~ is likely that the relatively narrow beach in front of the seawall to the west would disappear and endanger that section of seawall. Policy 2 states "facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters." The construction of a one family dwelling is not necessarily water dependent. However, the property is zoned residential which allows nothing other than construction of a private residence. All other lots to the west are developed with one family dwellings and a prohibition against a similar construction here would constitute ade facto condemnation for which the objecting Mr. David MacLeod -3- September 21, 1994 agency would be liable for costs. Policy 21 states "water dependent and water enhanced recreation will be encouraged and facilitated and will be given priority over non-water related uses along the coast." I did not see how this policy is germane to the subject at hand. The Town beach extends approximately 1000' to the east. This westernmost end'is not utilized by the public due to the presence of rocks, concrete and the eroded nature of the beach. In addition, passage above the high water line would constitute trespass on private property. If the Department of State or other governmental agency is to purchase the property, it would have to offer fair market value. We are unaware of any such offer being made. In any event, implementation of the project will certainly have no adverse effect upon usage of the adjacent park land. Policy 14 states "activities and development including the construction or reconstruction of erosion control protection structures shall be undertaken so that there will be no measurable increase in erosion or flooding of the site of such activities or development or at other locations." We have previously discussed why the DEC- recommended revetment location will not exacerbate erosion of the Town beach to the east. The tapering nature of the structure is a mitigation measure which will eliminate down drift scour. I have enclosed a print of a survey showing the extent of the existing property. You will note that the ordinary high water mark as of 1969 extended considerably further northward. As stated earlier, developed with a sanitary system. the property is vacant but will be one family dwelling, driveway and In order to avoid the necessity for legal agreements between the applicant and the adjacent property owner, we shall restrict all construction to the applicant's property and the land immediately north of it. A revised (9/20/94) plan is attached. Beach nourishment is not a viable alternative here for the reasons expressed earlier. The site is too active and subject to wave action which will simply result in loss of sand, offshore or down drift. A constant and never-ending maintenance program would be necessary which would still do nothing to prevent the further deterioration of the concrete retaining wall. Mr. David MacLeod -4- September 21, 1994 A timber or steel retaining wall could be utilized. However, due to the objections to vertical face structures without stone armor, we would not expect this to be approved. The alternative of a stone revetment further seaward was rejected by the DEC. The no action alternative is unacceptable as the property would simply continue to erode and become of no value. I trust this information will enable you to find the project consistent. .Please appreciate that this application has been in progress before all agencies for several years. We would hope that the Department of State, Corps of Engineers and the other corresponding federal agencies could adopt the DEC recommended alternative which will allow us to undertake the project promptly and prevent further loss of land. Very truly yours, RLH:jhg Enclosure cc: COE - 94-08020-L2 DEC - 1-4738-00557/ Southold Trustees ~ Thomas Boyle Roy L. Haje President J~ UNITED STATES ~ .PARTMENT OF COMMERCE National OCeanic and Atmospheric Administrati?n NATIONAL MARINE FISHERIES SERVICE Habitat and Protected Resources Division Milford Laboratory Milford, CT 06460-6499 September 16, 1994 Mr. Roy L. Haje President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Erosion Control Measures Proposed by Thomas Boyle Dear Mr. Haje: Reference is made to your request for information about the presence or absence of protected species in Long Island Sound at Southold, Suffolk County, New York. Listed marine species known to occur in the general project vicinity include: Chelonia mydas (green turtle), Caretta caretta (loggerhead), Dermochelys coriacea (leatherback) and Lepidochelys kempii (Kemp's ridley). However, the endangered species issues related to this project are covered by a blanket letter issued to the Corps of Engineers on December 15, 1994, which concluded that projects of this nature would have "no effect" on endangered species for which this agency is responsible. This response is provided as preliminary coordination under the Pre-Discharge Notification requirement of the Nationwide Permit Program. Should you wish to discuss this matter further, please contact me at (203) 783-4228. Sincerely, Diane Rusanowsky Fishery Biologist CC ' F/NEO2 -- PSP US EPA -- Region II USF&WS -- Islip TO ?651823 P.01 EN-CONSULTANTS, INC. 516-283-6360 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 FAX NO. 516-283-6136 TO: _,ianeSouthold Trustee% FAX # 765-1523. DATE:9/21/~ RE:ThomasBo¥1e. This~s the letter that should h,a~e bern enclosed with the August 2~. 1994 cody that re_o.eived · NO. OF PAGES (WITH COVER SHEET) 09-21-1~4 10:45~M FRDH EH-CONSULTaNTS. INC TO ?~51S2~ P.02 Y rk State Depart mr en.t of Environmental Conierwatlon Ne~ Y~ 11~2~ ~ ~_~y, Stony B ~ (..516) 751-1389 FAX (516) 751-3839 March 15, 1993 Thomas P-.. Jorling Commissioner Mr. Roy HaJe Eh-COnsultants, InC. 1329 North Sea Road Southampton, NY 11968 RE: 1-4738-00557/00001-0 (Boyle} Dear Mr. Haje: ar~ment of Environmental Conservation has completed The Dap ........... d a~lication for Tidal inar review o£ cna ra~-~ ~ . its prelim .Y ...... ~-- ater uallty .Certification . Wetlands, Pro~ec~on o~ -~=~, W _ n~ and reouest for onstruct a scone approval to ¢ ....... ~- .... ~ODosal to construct a urzsd~ct~o ....... ~ .... ~ m~v~e uroDerty on Leeton ~amily dwelling an~ septic sy~ Drive in southold. ' 11 we do not have enough information to determine th9 ~.u'~'.l~=l?~t~gTT i~i-~tio~ does not contain the re_qulreu ~ubmlcceG wl=n c~= ~w~*V- _ .... --~-~ ~hat the ~roposed ~ouse, topograp~ic info.rm. -- ------~ landward of the crest of a . ' em and ~riveway are ~uu~ . sep~o. ~Y~= .... ~---* -0 feet above mean sea level. The l~ne of b -- ...... =- -ow located landward of the scone . apparen - g ......... = ..... -~it- 10-88-1392. To demons=ra=e authorize~ un~r =ne pruvtu~ ~'*T ' ~ -- of our 4urisdiction, ~ ~h- u~lan~ improvements are lndee- out _ f __ ---- ..... = - - .... ~ ~- ~-~,,~ elevation con=ours foot intervals and show the crest of the bank at an elevation of at lea~t 10 feet. Until we receive information to s~ow.ot~erwis~.~e.~e . ' that the entire lot is in jurisdiction, wL~ cn~s ~n assuming ........ ~-- ~ -~= meet the minimum setback mind, the ho~e and sepc~= ~y~ ~- ~- . ....... ~__~ requirements of.Part 661. We found the house/decK =o De ~ ~ from a arent high water and the septic system. 73 f~et.~rom PP ..... ~ .... ~-~s may have Dean zurcnar reduced by the recent storm~. T~ ~-~t ob4ects ~o the location ~f the prop~sed_ -~ ~-~ .... r- -.' ..... ~--~a s~abllization s~ruo=ure seawar~ of a~parent high water (in a tidal wetland) must be compatible with the purpose and policy of .Article 25 =o preserve and protect tidal wetlands and prevent their despoliation and destruction. We believe that installation of the revetment 09-21-1994 10:46AM FROM EN-CONSULTANTS, INC - 2 - TO 7651823 R.03 the existing stone will have an undue adverse impact seaward of ...... ~_A~ ~d marine food production od hurricane, s~orm be ~mpaots to .~,e ability ~f the adjacent Kenny provide recreational erstanding that the ~tructure is necessary to Und ed an alternate location for th? reve=men~ wnion the property while minimizing adverse effects- The rev=tment seaward toe should be pulle~ landward to be halfway between the ete wall and the existing stone as shown on 'the attached concr This location splits the difference be=ween t~e concrete sketch. . . wall and the existing stone a~mor:. ~b~ backfiiled, and the post construction location ~x mean high water used to measure house and septic system setbacks. Based on the locat%on of mea9 high water after the revetment is installed at our revised location, the house and septic system must be relocated to be closer to the ~oad. The 35 foot road setback will have to be reduced to achieve the required 75.feet for the house and 100 feet for the sept=c system. Any variances required from Town road setbacks should be requested now. Some minimal house setback variance relief from our requirements may be possible if a co~pelling, written r~quest is made detailing: tactical difficulties, impacts, and mlt%gation measures. setback variance relief. Please ~e aavl~ea ~na= since ua~ ~ i- -~--~* ~ - nublic bathing beach, there will be no variances ntertained for septic system setbacks. The septic system mu be located at least 100 feet from the post revetment constructl location of mean high water. If you be%ieve the upland portion of the si~e is outside our 4,,~ction- at may be advantageous to prove this with an ~ ...... This will eliminate the need to relocate the updated ~urvey. hOUSe and/or request variances. I would strongly suggest pulling the septic system landward no matter how you choose to proceed. Please see the enclosed sketch depicting the approvable revetment location. When you decide how you wish to proceed, please submit at least four prints of the survey revised to show the proposed revetment, house, septic system, driveway, and elevation contours in ~ foot intervals referenced to USGVD (if applicable). If you choose not to prove the project is out of the Jurisdiction, the survey should show the relocated house with reduced deck and relocated septic system and a written request for variance submitted. FROM EN-CONSULTANTS, INC TO 9651823 P. Please also provide any information the applican~ has abou= filling activities on this lot since 1974 and written au=horization from the adjacent landowners to the west (Fatimi) to allow the revetment to be built on his property. If you have any questions, please, call me at the above telephone number. Thank you for your attention in this matter. Very truly your.~, George W Hammarth Sr. Environmental Analyst GWH/nw Eno. cc: T. Boyl~ TOTAL P. 04 EN-CONS JLTANTS, INC. ENVIRONMENTAL SERVICES 2 9 199, 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 516-283-6136 August 25, 1994 Mr. George Hammarth New York State Department of Environmental Conservation SUNY, Building 40 Stony Brook, New York 11790-2356 RE: THOMAS BOYLE - ~1-4738-00557/00001-0 Dear Mr. Hammarth: My client has decided to accept the recommendations contained in your March 15, 1993 letter. As indicated on the revised site plan by Roderick Van Tuyl, P.C. (last revision date August 22, 1994) the revetment has been relocated landward, as has the house and sanitary system. I trust this modification will enable you to proceed to permit issuance. By copy of this letter and revised plan, I am requesting other involved regulatory agencies to similarly amend and reactivate applications pending before them. Very truly yours, Roy L. Haje President RLH:jhg Enclosures / cc: Southold Trustees COE - Sophie Ettinger - #92-08260-L2 DOS - William Feldhusen - ~F-92-324 Tom Boyle ~u~ 2 9 199ZI Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 August 30r 1994 Bruce Loucka Southold Town conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Loucka, ~ Transmitted herewith are the following applications for a wetland permit: THOMAS BOYLE SCTM 959-1-7 Please prepare a written report of findings and recommendations with respect to these applications. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh Consultant The Southotd Town Trustee office has de'~~d~that your application 5or a~~ !s ~er, the f~!?wi~g information in this--i~~ any requlree return suDmlss!on: Trust'e~-~,e~rese~~ t cc ./~ulld!ng ~.ept.. ~Zoning Board of Appeals F~Planning Board ~Conservation Advisory Council This notice makes no claim with respect to othefjurisdictions within or outside the Town of Southold winh respect to permits, permission required. 4/92 TRUSTEES John M. Bredemever. III, President Albert J. Krupski, Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 August 27, 1992 Mr. John Holzaphel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Mr. Holzaphel: Transmitted herewith are applications for wetland and/or CEHA for the following: Josh London 83-2-3 E. Villan 86-6-10 Donna Schlegal 99-3-15.1 Ernest Gaebel 107-7-7 Thomas Boyle 59-1-7 Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, M. Bredemeyer, III President, Board of Trustees JMB: jd TRUSTEES ' - John M. Bredemeyer, Iit, Preslden~ Albert J. Kmpski, Jr.., Vice President Hen~, E Smhh 7~lephoae (5~6) 765d892 Fax (5~6) 765-1825 .SUPERVISOR SCO ~ L. }LARRIS %own Hail 53095 Main Road RO. Box 1179 Southold, New York 11971 LEAD AGENCY COORD~NA~O~ REQUEST TO: ~l~O ~r~A~vq~v~r~%l '~C DATE: ~ r~~%~. Enclosed is a permit~.~pp~ication- .... and a completed part I of the Env'Irom~ ~ai Asses $~t Form ~ ~.~wn Trustees are interested in your ageny's co~aents in acting as SEQ~k Lead Agency PERMIT REQUIRED SEQ~ CLA~>SI~ ICAT!ON: Please contact John days and be advised ~hat the Southo!d Town Trustees~]~T~(DO NOT ~.~'~ ) to ass~mme lead agency. SENT TO: DOS { } DEC {~9~DOH ( } PB ( } Z=~a { ) BLD { } processing. Involved Agency: Project Lo~at~on~ SCTM: We at AGENCY (Ha~e/No~ objection to Southoid Town Trustees assuming Lead Agency. Comments/Rea sons Au~norLzea Representative Signature of Consultant Project N~ne SCTM ~!000-2~ Date ~%~~ The Southo~d '?own ~sustee office has de~~d, that your ~nformation ~n this re~~ amy re,malted retuzn gubmission~ c~.: /~uz!~lng Dep ~/Zoning Board {of Appeals .e~ Planning Beard ~/Conservatien 'Advisory Council This notmce makes no claim wi. ch respec~ to other: jurisdictions within or outside the Tewn ef Seuthold wi'th respec'~ to pesmits~ permission required ~ 4/92 New York State Department of Environmental Conservation Thomas C. Jorling Commissioner Dear RE: LEAD AGENCY COORDINATION REQUEST The purpose of this request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following' Your agency's interest in acting as lead agency; Your agency's jurisdiction in the action described below; and Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part i of the Environmental Assessment Form to assist you in resoonding. Project Name: T~¢~ ~r_~ ~ ~-~-~4~~~7 Project Location: ~ 4~ ~ ', ~ ~¢~ _~,~ DEC Project Number: t_7/~.- OOJ~-->~O~ / ~ SEQR Classification: [ ] Type I ~t~nlisted DEC Position: / DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. [] DEC has no objection to your agency or another agency assuming lead agency status for this action,~but we have the following concerns regarding this project {see "comments" below). [ ] DEC wishes to assume lead agency status for this action. [] The proposed action has been identified by DEC as occurring wholly or partially within or substantially contiguous to a critical environmental area {CEA) that was designated by It is the position of this Department that your agency, if it has a juris- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) Comments (Optional): Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DECor another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. ' etition the Commissioner of DEC to designate a lea]a~_gen_~cjL~-~- for this a~----- [ ] We will petition~d~12om~~e~ of DEC to designate.your ~ng you have jurisdiction. Please feel free to contact this office for further information or discussion. Sincerely, Enclosures cc: {see distribution list) 14-12-2 (4/87)--25c NEW YORK STATE,DEPARTMeNT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF AVAILABILITY FOR REVIEW Please return this form to: ~/~:~ ~ Applicant/Permittee/Owner ,"~/~g ~/~- & ~.~&~-~Z Owner ID ' /0~- O~Z- 1--? NYTM--N: 4 Telephone Number Batch I D Distribution: Date Sent for Review Date Due Back Sent to This Copy for Reviewer Comments: Prepared by: Name Telephone Number ( Date Unit ~ ' ' ..... ' ~ r ] DEC APPLICATION NUMBER 95-19-3 (8/89)--7e YORK STATE DEPARTMENT OF E RONMENTAL CONSERVATION' ' '~; J"~ ' ' ' NEW * ' ' U S ARMY COR~'O~EERS APPLICATION NO. v JOINT APPLICATION FOR PERMIT ;.. J '* I * Please read ALL instructions on back before completing ihis application, Please type:or print clearly in ink. Attach additional information as needed. · E]ARTICLE 9, TITLE 1, ARTICLE 43 6NYCRR 646.(LAKE GEORGE RECREATION ZONE)"i~ } :' · J-'IARTICLE 15, TITLE 3 (AQUATIC PESTICIDES CONTROL) [] 6NYCRR 327 (AQUATIC VEGETATION) [] 6NYCRR 328 (FISH) [] 6NYCRR 329(INSECTS) ~ARTICLE 15, TITLE 56NYCRR 608 (PROTECTI'ON OF WATERS) ' ' ' -?"~' ':~; ' ' J-'/For the construction reconstruction or repair of a DAM or other impoundment structure, r ~ . ~J []For the disturbance ~fa STREAM B'ED OR BANKS or excavation in or fiji of NAVIGABLE WATERS. []401 WATER QUALITY CERTIFICATION I~J []ARTICLE 15, TITLE. 15' J---JGNYCRR 601 (WATER SUPPLY) J~JGNYCRR 602 (LONG ISLAND WELL) J~ r-'JARTICLE.15, TITLE 27 6NYCRR 666 (WILD, SCENIC AND RECREATIONAL RIVERS) ' . ' ' · J-]ARTICLE 24 6NYCRR 662, 663 (FRESHWATER WETLANDS) . I ~-ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS) J--]ARTICLE 34. 6NYCRR'505 (COASTAL EROSION) FJ - ~ECTION 10 (RIVER AND HARBOR ACT OF 1899) for structures and work in navigable waters of the U.S. [] COASTAL CONSISTENCY CERTIFICATION. DEl J-]SECTION 404 (CLEAN WATER ACT OF 1977) for disposal of dredged or fill material in waters of the u.s. . . i J~SECTION 103 (MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT) for the transportation of dredged materials for dumping into ocean waters. 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES Ill any) 10-88-1392 issued 7/13/89 - Expires 7/31/91 2. APPLICANT IS A/AN J2gowner []Operator []Lessee /--1Municipality/Governmental Agency (Check as many as apply) 3. NAME OF APPLICANT (Use Full Name) Thomas Boyle MAILING ADDRESS 35 Walker Street TELEPHONE (Where can be reached during day) (516) 599-7841 POST OFFICE I STATE J ZIP CODE Malverne NY 11565 4. NAME OF []Owner J'~Agent/Contact Person En-Consultants, Inc. (Check one) MAILING ADDRESS 1329 North Sea Road TELEPHONE (Where can be reached during day) b]61 283-6360 POST OFFICE I STATE ZIP CODE Southampton J NY 11968 5. PROJECT/FACILITY LOCATION (Mark location on map, see Number la on reverse side) County Suffolk J Town or city Southold Village STREET ADDRESS (If different from aoplicant) Lee~o~ Drive POST OFFICE J STATE I ZIP CODE Southold NY 11971 6. NAME OF STREAM OR BODY OF WATER Long ISland Sound 7. HAS WORK BEGUN ON PROJECT? J~] Yes [~No 9. PROPOSED USE: [] Private [] Public [] Commercial f YES, attach explanation on startin~ work without permit, include dates. 8. WILL PROJECT UTILIZE STATE LAND? Show work on map and/or drawings. []Yes ~'No 10. PROPOSED STARTING DATE: 11 APPROXIMATE COMPLET ON DATE: [ 12. FEE OF (NYS Permit Only) ASAP 6 months J $ 900.00 Enclosed 13 PROJECT DESCRIPTION: (e.g. quantity and type of material to ee excavated, dredged or used for fill or rip rap, location of disposal sites; type of structure to be installed; height of dam; size of impoundent; capacities of proposed water sources; extent of distribution system; etc.) SEE ATTACHED 14. WILLTHISPROJECT REQUIREADDITIONALFEDERAL, STATEAND/OR LOCALPERMITS? COE, DOS, Southold Trustees Yes [] No If yes, please list: 15. CERTIFICATION: I hereby affirm that under penaJity of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C. Section 1001 provides for a fine of not more than $10,000 or imprisonment for not more than five years, or both, where an applicant knowingly and willfully falsifies, conceals, or ,eqvers up a material fact; or knowingly makes or uses a false, fictitous or fraudulent statement. J--'ll hereby authorize the agent named in Number 4. abo~'~/submit this~lic~on on my behalf. June 8, 1992 ~"'~ ~- ~ President DATE Roy L. Ha~;NATURE ~l TITLE PLEASE READ ALL INSTRUCTIONS ON REVERSE SIDE GENERAL INSTRUCTIONS INCOMPLETE OR INACCUF~ATE .IN ~"MATION MAY DELAY~ PROCESSI .I~IGAND~A~F~'~-''~. DECISION ON YOUR APPLICATION! 1. Please prepare and submit: A. Threesigned copies.of this application. Use typewriter or print!clearly ir~.black.ink; B. Three copies of a USGS map or equivalent showing the project location. C. Threec~pies~f~sketchp~an~drawrr~t~sca~e~rengineeringdrawingssh~wing-~cat~nand~extent-~fw~rk(seesam~edrawi·ngs)~ as well as view directions of the photographs required ir[ 1D. D. Three copies of three representative color photographs of the project area ancl surroundings with time and date taken indicate~t 2. Applications by counties, cities, towns and villages shall be signed by th~,chief execut ve officer thereof or the'head, of the depart- ment or agency undertaking the project. 3. The applicant may be required to publish a "Notice of Application" as provided by the Regional Perm t Administrator. 4. If other than owner makes application, written consent of the,owner to use thepropertylfacility m~st accompany application. 5. if a public hearing is necessary, the applicant may be required te furnish the names and addresses of all adjacent landowners and all known claimants to water rights. 6. The applicant is responsible for obtaining any other required federal, state or local permits. 7. Be sure to enclose proper application fee, note accordingly in item12 on the reverse side;consult UPA fee schedule with Regional Office. ',OTHER REQUIREMENTS 8. If project is an unlisted action pursuant to the State Environmental'Quality Review Act regulations-Part 617, a completed Part I of a Short Environmenta! As_S~Ssmen. t Fo_rm .must be~.s_ubm[tted v~iththe applicati~n_~ 9. If project is a Type I action pursuant to the State Environmental Quality Review Act regulations-Part 617, a completed Part 1 of a Long Environmental Assessment Form must be submitte(~ with the application. 10. If project is classified as major pursuant to the Uniform Procedures Act regulations-Part 621, a completed Part I of a Structural- Archaeological Assessment Form must be submitted .with the application.- Il. If project lies within the C~oastal Zone, a~ completed ~Co. asta!~.Assessment [.or~.must be submittedwith t.h_e application. SPECIAL REQUIREMENTS FOR SPECIFIC PERMIT APPLICATIONS :' 12. Applications for the construction, reconstruction or repair of a DAM. or other IMPOUNDMENT STRUCTURE must be accompanied by Supplement D-1. t3. Applications for WATER SUPPLY or LONG ISLAND WELL.permits must be ac_qompanied~by S.up. ple[ne~nt w-1. . 14. Applications for a permit to apply a CHEMICAL TO CONTROL OR ELIMINATE AQUATIC VEGETATION, FISH OR INSECTS must be accompanied by Supplement A-l, A-2, or A-3, respectively· 15. Applications for a WILD, SCENIC OR RECREATIONAL RIVERS SYSTEM Perm'it m~-st-b~ ~.c~:-~mpani~l~'b~ sU~l~plement WSR-1. 16. Applications for a federal permit for filling or ocean dumping under SECTIONS 404 or 103, must include Supplement E-1 and require a mandatory discussion of practicable alternatives to the project. Particular justification-should be given as to why the alternatives are not suitable. In addition, provide names, addresses and telephone numbers of adjacent property owners· Contact the Regional Permit Administrator, Division of Regulatory Affairs, at the appropriate office of the Department, as given below, for assistance regarding any of the above requirements. Consult other available application instruction materials. United States Army Corps of Engineers Department of the Army ATTN: Chief, Regulatory Branch New York District, Corps of Engineers 26 Federal Plaza, New York, N.Y. 10278 Telephone (212) 264-0184 DEC Regions 1, 2, 3, 4, 5 DePartment of the Army ATTN: Chief, Regulatory Branch Buffalo District, Corps of Engineers 1776 Niagara St., Buffalo, N.Y. 14207 Telephone (716) 876-5454 DEC Regions 6, 7, 8, 9 Department of the Army ~'~'~*"' I ATTN: Chief, Regulatory Branch Pittsburgh District, Corps of Engineers William S· Moorehead Federal Building 1000 Liberty Ave., Pittsburgh, PA. 15222 Portions of Allegany, / Cattaraugus and REGION 9--DRA Chautauqua Counties 600 Delaware Avenue .... Buffalo, N.Y. 14202 (716) 847-4551 ....... :~ DePa~l~l~t Of ~:nVi~o~i-~-el~tai' (~n~;-I~ati°;1 Regi0n;I Offices Division of Regulatory Affairs REGION State Office Building 317 Washington Street Watertown, N.Y· 13601 (315) 785-2245 State Office Building 207 Genesee Street Utica, N.Y. 13501 (315) 793-2555 / REGION 8--DRA /REGION 7--DRA 6274 E. Avon-Lima Road / 615 Erie Blvd. West Avon, N.Y. 14414 _ / Syracuse, NY 13204-2400. (716) 226-2466 /(315) 426-4738 '-" SUB-OFFICE--DRA PO Box 5170, Fisher Ave. Cortland, N.Y. 13045 ' (607) 753-3095 LEGEND =,=,= Pittsburgh District Corps of Engineers REGION 5--DRA Route 86 Ray Brook, N·Y. 12977 (518) 891-1370 sUB-oFFICE--DRA Box 220 Hudson Street Extension Warrensburg, N.Y. 12885 (518) 623-3671 REGION 4--DRA 2176 Guilderland Ave. Schenectady, N.Y. 12306 (518) 382-O68O SUB-OFFICE~DRA Route 10, Jefferson Road Stamford, N.Y. 12167 (607) 652-7354 REGION 3--DRA 21 South Putt Corners Road New Paltz, N.Y. 12561 (914) 255-5453 REGION 2--DRA (New York City) Hunters Point Plaza 47-40 21st Street Long island City, N.Y. 11101 (718) 482-4997 REGION 1--DRA SUNY Campus Building 40 S'(on¥ ~ook, N.Y. 11794 PROJECT DESC~RIPTION Construct 170± 1.f. of stone revetment and backfill with 2500± cy of clean sand to be trucked in from upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Project is an emergency Letter of No Jurisdiction requested for construction of a one-family dwelling, sanitary system, driveway, all as shown on attached site plan. 14-16-4 (2/87)~L-Text 12 I POJECT I:D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor.) 1. APPLICANT/SPONSOR 2. PROJECT NAME ThQmas Boyle by En-Consultants, Inc. 3 PROJECT LOCATION: Municipality Southold County Suf folk SEQR 4. PRECISE LOCATION (Street address and 'oac intersections, prominent landmarks, etc.. or provide map) Leeton Drive SCTM ~ 1000-59-1-7 5. tS PROPOSED ACTION: [~New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: SEE ATTACHED 7..AMOUNT OF LAND AFFECTED: Initially _ 6 Q acres Ultimately - ~ Q acres WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICT',ONS? [] Yes [] No If No, describe briefly WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residential [] Industrial [] Commercial Describe: [] Agricu lure [] ParklForestlOpen space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL· OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~[Yes [] No If yes. list agency(s) and permit/approvals COE, DOS 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency ~ame and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE ,VIODIFICATION? [] Yes ~' No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A:plicant/sponsor name' /~Thomas ~9yl. e by Eh-COnsultants, Inc. Date: 2/14/92 Signature: _ -~Ay 'T,. ' [ ~f If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 3ART ii--ENVIRONMENTAL ASSESSMENT (To be Completed by Agency) A. DOES ACTION EXCEED .ANY TYPE i THRESHOLD IN 6 NYCRR, PART 617.127 'If yes, coordinate the review process and use the FULL EAF. [] Yes [] No WILL ACTION RECEIVE COORDINATED HEVIEW AS PROVIDED FOR UNLIS'I ~-D ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may me superseded by another involved agency. [] Yes [~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air auality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricuitural, archaeological, historic, or other naturat or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish. shedfish or wildlife species, significan[ habitats, or threatenea or endangered species? Explain briefly: C4..A community's existing plans or goals as officially adoptea, or a change in use or intensity of use of tana or other natural resources? Explain br efl~ C5. Growth. subsequent development, or re ated activities likely to De induced by the proposed action? Exdlaln briefly. C6. Long term, short term, cum~uiative, or other effects not identified in C1-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT[AL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly 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 su'pporting materials. Ensure that explanations contain sufficient detail to show that a~t relevant adverse impacts have been identified and adequately addressed. [] 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 analysi§ above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: ~ ~Agencv $,gnarur"------'--~ oi Respons~ Agency Date T it J~-of Resp°nsiS[~fficer ~o~ficer) PROJECT DESCRIPTION Construcn 170± 1.f. of stone revetment and backfill with 2500± cy of clean sand to be trucked in from upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Project is an emergency Letter of No Jurisdiction requested for construction of a one-family dwelling, sanitary system, driveway, all as shown on attached site plan. EN-CONSULTANT$ INC. 1329 NORTH SEA RD, SOUTHAMPTON N, Y. II,~ 516-283-6360 E~[,I-CONSI~LTANTS [NC. 1329' NORT~ SEA RD. SOUTHA~flPTON N, ¥. [1968 516-223-~3a0 LOh4G t, ',,-¢~uu Cs;' --" SUFFOLK CO. HEALTH DEPT, APPROVAL H. S NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT. OF HEALTH SERVICES. APPLICANT .K COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL FOR; CONSTRUCTION ONLY APPROVED: OWNERS ADDRE~: DEED: L. 6664 TEST HOLE STAMP