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Home My WebLink AboutTRIBBLE, HAROLD~on~.~ Cocks ?~0. Bo~ ~236 Mattituck~ N~ Mar~h 26~ i99~ Town of ~outhold Trustees Main Road, Town Hal! ~outhold, N.Y. RE: Tribble Application As agent for Harot~ Tribb!e, I will be withdrawing the application for the~_~ Thank you for all your time and effort. Yours Truly~ Donald Cocks A~ent for Tribbte/Matt-A-Mar Donald Cocks P.O. Box 1235 Mattimck, NY 11952 Dear Mr. Cocks: Re: April 14, 1998 F-97-838 U.S. Army Corps of Engineers/New York District Permit Application g97-I 2430-L2 Harold Tribble, Long Creek Town of Southold, Suffolk County DEC # 1-4738-00660/00006-7-8 Withdrawal of Application The Department of State has received your letter dated March 26, 1998 withdrawing your consistency certification and permit application from processing at this time. The Department has, therefore, terminated its review of your Federal Consistency Assessment Form and certification that the proposed permit activity complies with New York State's Coastal Management Program and will be conducted in a manner consistent with such program. If you re-submit your application to the Corps, a copy of the revised Corps application and Federal Consistency Assessment Form should be sent to the Department of State for review with respect to its consistency with the New York State Coastal Management Program. A new consistency review period will commence, once it is determined that all the necessary data and information have been submitted. The Corps is being notified of this action by copy of this letter. If you have any questions on this matter, please write to us or call Walter F. Meyer at (518) 4744000. Sincerely, Chief, Consistency Review and Analysis WFB:dlb cc: COE/New York District - Marc Helman DEC/Region I - John Pavacic ~ of Southold - Albert J. Krupski, Jr. March 12, 1998 George E. Pataki Alexander E Treadwei] Secretary of State Donald Cocks P.O. Box 1235 Mattimck, NY i 1952 Dear Mr. Cock: Re: F-97-838 U.S. Army Corps of Engineers/New York District Permit Application I~)7-12430-L2 Harold Tribble, Long Creek Town of Southold, Suffolk County DEC # 1-4738-00660/00006-7-8 Status of Consistency Review The Department of State is required to notify you of the status of our review of this project for its consistency with the New York State Coastal Management Program if a decision has not been issued within three months following commencement of our consistency review. We cannot complete our consistency review for this project until you respond to our request for additional information dated January 26, 1998 (copy enclosed). A copy of this letter has been sent to the Corps of Engineers. Please call Walter F. Meyer ar (518) 474-6000 if you have any questions. WFB :dlb cc: COE/New York District - Mo_rc Helman NYS DEC/Region 1 - John Pavacic Town of Southold - Albert I. Krupski, Jr. Sincerely, . ~ William F. Barton Chief, Consistency Review and Analysis Division of CoastM Resources and lFate~orrt Re.of. talizatq~a - Albany, N~r 122~1~001 ' Voice: ($18) 474-6000 ~ax.'(515)473-2464 ' ' 516 2 rOW OF Town of Southold Trustees Southold~ H,Y, ~tn, Trustees The enclosed letter from the O~S~ Dept~ o~ the Interior w~s sent in response %0 the public notice placed in Newsday~ and forwarded to me by ACOE for our reply, Please find my response %0 the Army Corp, enclosed and perhaps we can discuss the idea o! these stops at the upcoNing ~ork session 2/25/98, Thank you /or your' help.~ Donald C;ocks agent for Tribble/?~at't-A-Msr Faxed 01/15/98 United States Department of the Interior FISH AND WILDLIFE SERVICE 3817 Luker Road Cortland, New York, 13045 January 15, 1998 Colonel District U.S. Atmy Corps of Engineers 26 Federal Plaza New York, NY 10278-0090 Dear Colonel Thomas: The U.S. Fish and Wildlife Service (Service) has reviewed Public Notice 97-12430-L2 dated December 16, !997. The applicant, Harold Tribble, is proposing to expand his marina with a combination f~xed and floating timber pier. The prOposed' proj[ct is located in the Town of Southhold,~ Suffolk County, New York. This is the report of the Service and the Department of the Interior submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat, 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). The applicant is proposing to construct a pier assemble consisting of a 4 foot by 52 foot fixed ti~nber pier elevated 3.5 feet above the grade, a 4 foot by 16 foot hinged ramp, a 4 foot by 15 foot float, and a 5 foot by 187 foot main float. The average low water at the location of the floating docks ranges from 2.5 feet to 1.2 feet, as depicted in drawing nUmber 3. There is a bed of cordgrass, Spartina alterniflora, along the shoreline which the applicant is avoiding by corafiguring the pier in a dogleg ~as $~:.; : ...~Ttfis wi.~ all~ate some o.f t~e nnp~.t to the. substrate of thO-ei~eek from this pier and will reduce unpacts to fish, wfldhfe, and invertebrates. The Service does not object to the project provided that the applicant places stops on the floating dock sections at 1 foot above the bottom and restricts use to ve. ssels with a draft less than 18 inches. NYSDOS, NMF$, Milford Div. of Environmental Plam~ng and Protection Branch, New York~ NY February 4, 1998 De' .r~Y New York Dist¥iot, GOrp of Engineers Jacob K, Javits Federal Bldg? New York, N.Y, 10278~0090 Attn~ Eastern Permits Section, Marc Helman Reply to public Notice #97-12430-L2, Tribble dock proposal Dear Mr. In reply to your letter dated January 2?, 199~, here Ss mY respoP~e tp the communication that you received from the U.S. Dept. of the Inter~QF dated 1. As the letter states, we have designed the dock tO WOr~ with th~ e~VirOn ment, thus the re~O0 ior ~o~guring the dock i~ a d~g~eg lashion. Our 2. The suggestion thmt we place stOPS on the tloat i~ a good Sugg~tioD, th~ ~ eel th~ water d~pth should prevent the dock Xrom ~. We plan on us~n~ !i~ht Wel~h~ buildin~ materials on thi~ doc~ ~o th~ number oX these stops would be lew. 4. The object of this project is to have a dock for the lauBoh~n~ and ~hallow water that ke~ps overall boatin~ traffic down thu~ promotin~ Ii I can help you oo~oer~in~ this application, please don't hesi%~%~ to oal~, Donald Coo~s a~en% Xor Matt-A-Mar/Tribble Albert J. Krups]d, President J~mes King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1882 Fa~ (516) 765-1823 February 17, 1998 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Harold W. Tribble 2655 Wickham Avenue P.O. Box 450 Mattituck NY 11952 RE: 139-2-5 Dear Mr. Tribble, Thank you for your letter dated February 5, 1998. Our records indicate that an application for the ramp and floating docks, was submitted by Matt-A-Mar Marina as contract vendee and Tabled at the November 22, 1996 meeting of the Board of Trustees. The Board has many serious concerns about this proposed project, and would be happy to discuss these issues with you. Please call our office at 765-1892 and arrange, to meet with the Board. Sincerely, Very truly yours, Albert J. Krupski Jr. President, Board of Trustees AJK/djh Board of Trustees Town of Southold Suffolk, N.Y. Dear Chairman and Members of the board, 2/5/98 When I retired five years ago, I purchased a piece of waterfront property in Mattituck, N,Y. At the time of the purchase I requested information about zoning, and business limitations of the property from the Building Department of the Town of Southold. ! received a letter from the Building Department that the property was zoned "M2 marina"; storage, doCkage, sales, repair, etc. of boats. My agent submitted a plan to the Planning Board and was told that 1.5 acres is not a sufficient size for a marina. They stated that 2 acres was necessary and suggested that I merge with the marina next to me. My attorney prepared all documents, surveys, plans necessary for this merger which was submitted to the Planning Board and they refen'ed the applications to the Board of Trustees. The Board of Trustees after reviewing my,plans did not approve my project but instead suggested that I down size my plans. A new application and plan was prepared which was drastically down sized. The original plan had finger slips to the main dock as well as pilings. The finger slips and pilings were all eliminated. Only 187' of dock to accommodate small boats was submitted. After submitting this new plan the Board of Trustees suggested that I now apply to the D.E.C. which I did as well as the Army Corp. of Engineers and Coastal Management. There now appears to be a question regarding the depth of the water for the proposed dock. The following information should demonstrate that there is sufficient water for the dock: 1. The depth of the water at the dock area is approximately 2.5 feet deep at low main water line. 2. Directly next to my property is the last dock of Matt, A-Mar Marina which has a 27' sail boat which draws 3-4 feet of water. 3. Directly across the creek from my property is a floating dock for a sailboat which draws 3-4 feet of water. 4. Also across the creek and 500 feet further down where the creek becomes much shallower is another floating dock for a power boat that draws more than 3 feet of water. 5, Beyond the bridge a 1000 feet down the creek, there are more floating docks for power boats both on the north and south side of the creek. It is important to remember that my proposed dock is to be 30~ further into the water thm~ that of the last main dock of Matt-A-Mar Marina. So clearly there should be no issue as to the depth of the water. I have spent five years filling out applications, drawing plans and redoingplans. What was once a retirement dream has now turned into a nighlmare of legal and professional fees. I have in good faith followed all recommendations by all the boards and still have no definite answer. I would be happy to discuss any issue that concerns the Board of Trustees regarding my project in an effort to reach a solution. Thank you for your time. Sincerely, Rev. H.W. Tribble 2655 Wickham Ave. P.O. B ox 450 Mattituck, N,Y. 11952 Albert J. Krupski, President J~r~es King, Vice-President Henry Smith Artie Foster Ken Potiwoda Town Hall 53095 M-i- Road P.O. Box I179 Southold, New York 11971 Telephone (516) 765-1882 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 5, 1998 Don Cocks Matt-A-Marr Marina P.O. Box 1235 Mattituck, NY 11952 RE: Harold Tribble SCTM #139-2-5 Dear Mr. Cocks: The Southold Town Board of Trustees position on the ~hove referenced property hasn't changed, unless there is a substantial change iht he project. If so please contact us and we will be willing to meet with you on site to review it. If you have nay questions, don't hesitate to contact, on office. Sincerely, Albert J. President, Board of Trustee AJK: jmd George E. Pataki Governor Alexander F. Treadweil ' Secretary of State January 26, 1998 Mr. Donald Cocks P.O. Box 1235 Mattimck, N.Y. 11952 F-97-838 U.S. Army Corps of Engineers/New York District Permk Application #97-12430-L2 Harold Tribble Town of Southold, Long Creek Request for Additio~ial Information Dear Mr. Cocks: ': " Thank you for your response ro our request for information dated December 30, i997.' ffowever, we continue to be concerned with.various portions of your client's proposed float and request additional information. We have been informed by the NYS Depaxtment of Environmental Conservation (NYSDEC) is concerned with your client's proposed float because it may adversely affect resources of Long Creek. They cite shallow water conditions in the creek and the potential for erosion of the substrate due to float contact with the substrate during Iow tide. Furthermore, NYSDEC suggests that use of the may adversely affect the upland of the project site which is an importam spawning ~ound for Atlantic Horseshoe Crab. With respect ro this information, your client's project may be inconsistent with various policies of the Coastal Management Program including Policy #44 which requires that an action must preserve and protect tidal and freshwater wetlands which provide habitat for fish and wildlife. Therefore, we request that you contact Mr. Lou Chierella ar NYSDEC (516) a, 44 0365 to discuss these outsmding issues regarding your client's proposed floating dock. If you have additional infoi££aation in support of your client's consistency certification, we request that you submit that information to our Department as soon as possible. At this time, you may consider withdrawing your client's consistency certification. If so, please submit of a brief letter to our Deparmxent requesting that the certification be withdrawn. At such time as all issues are resolved and the project has been modified, our expedited review of your client's revised consistency certification wilt begin upon our receipt of a new Federal Consistency Assessment Form (FCAF) and supporthag information. Division of Coastal Resource~ and Waterfront Reo;ml;~atio= Albany, N]' 12231-0001 Voice: ($18) 474-6C00 Fa~' (518) 473-2464 Page 2 Please provide the information requested to our Depa~m~ent within thirty days from the date of this letter. Pursuant to 15 CFI{ 930.64 (d), if the necessary data and information is not provided, the Depa~[ment of State may object to your consistency certification on the grounds of insufficient information. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. If you have any questions regarding this matter, please do not hesitate to call me at (518) 473-2466. ~Sincerely, _ Walter F. Meyer Coastal Resources Specialist c: COE/NY - Marc Helman NYSDEC Region 1 - Lou Chiarella Southotd Town Trustees - Albert J. Krupski, Jr. file Located on the southern end of Mattltuck Inlet on Long Island Sound- 93 Floa~g Doc,ks fr°m 20 ~o 65 CanOe/Kayak Sales/Rentals indoor/outdoor storage MARINA: 51-6-298-4739 - RESTAURANT:. 516-298-5851 i: FAX: 5Z6-298-4803 ' YACHT BROKER: 516-765-4070 2255 Wickham Avenue RO. Box 1235, Mattituck, Ny 11952 · Scuba Diving Certification Course · Red CrOss 8~imming Lessons · Aqua.aerobics o Life-guard Certification COurse · Gasand Diesel · Service & Repairs 7 Days a Week · A Touch of Venice :_ Restaurant · OJympic-sizePoot~ ° Yacht Brokerage ~_KI~TI N{'-~ PROJECT PLAN Application for Matt-a-lVlar Marina, [nc.. SCTM #1000-139-2-5 Represented by , PROPER-T'PERMtT SER¥TCES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 May 9, 1997 516 NYS Department of State Division of Coastal Resources 162 Washington Ave, Albany, N.Y. 12231-0001 ~ermit application for-}~ro!d Tribble Attn~ Walter Meyer Dear Mr. Meyer: I have discussed the application with several Town of Southold Trustees, and t hope to have a ~greement to at least get you a letter from the Town so you can continue the spplicat±on process. As per our conversation, the complaint from the Town, that the water is "too shallow" is what we agree along with, We have no intentions of using these docks for power boats that would require 3'~ feet of depth, l~ayaks and canoes would only require 6"in. of water and the fact that power boats can not navigate ~n the area, wo~ld add to th~ safety of the people ~sing the kayaks. The floating docks should not hinder the aquatic wildlife and the towns complaint on "improper scale" will be answered. I thank you for your interest in our project and if you need anything please call anytime. Donald Cocks agent for Tribble/Matt-A-Mar c: Southold Town Trustees 516 Town of Soul old Trustees Main Road Southo!d~ NeY. ATTM: Albert Krupskie Trustee President RE: Tribb!e/Matt-A-Mar Application Dear Mr. Erupski Last November i took over the application process from Jim Fitzgerald of Fropsr-T Permit Service~ on the proposed construction of a walkway, ramp and floating dock on Harold Tribble's property. As advised by Mr Fitgerald, I continued the process of compieteing applications with the DEC, ACOE as well as Coastal Management. I believe this was in line with discussions I would like uoint out the following for the new board members who ~ay not Matt-A-Mar submitted an application approx. D years ago for a floating dock on the ~South~ side of the marina, in a shallow creek perfect for dockage o! these small boats. The marina was turned down by the Trustees and advised that we should find another location in the marina. Matt-A-Mar has over 30 kayaks and canoes and has instructional summer school for children and adults. We rent and sell kayaks and canoes as well as have wildlife tours of Mattituck Inlet. Harold Tribbie owns the property zoned M-2 next to Matt-A-Mar located on the ~North~ side (Long Creek). If permits are secured~ Matt-A-Mar will purchase the property and construct the docks for the eventual use and dockage of these kayaks and canoes. 5. The shallow water and the location away from the existing marina oper- Now I have been advised by Walter Meyer of NYS Coastal that he was advised by the town that the "Trustees are opposed to the construction of this dock~ Z can not understand why we were advised to continue this costly project when it see~s the decision was already made. Recent telephone conversation with Mr. ~eyer~ concluded with the under- standin~ that if the Trustees agree to luther discuss the project~ the NYS Oo~stsl will continue with the process. They need a letter from the Trustees ASAP to confirm this~ If a letter is not received by the end and construction time needed to complete the project, 8. As agent, I will be available to discuss alterations to the e×isting Thanking you in ~dvance~ ~ona!d Cocks - a~ent for Tribb!s/~tt-A-~ar George E. Pataki Governor Alexander E Treadweil Secretary of grate December 30, t997 Mr. Donald Cocks P.O. Box Mattimek. N.Y. 11952 F-97-838 U.S. Army Corps of Engineers/New York District Permit Application Harold Tribbie Town of Southo!d, Long Creek Request for Additional Information Dear Mr. Cocks: On December 22, 1997, we were informed by the Town of Southold, Town Trustees that they are opposed to the construction of your client's floatip~ dock in this area of Long Creek. Trustees cite underwater lands ownership issues, inadequate creek depths, improper scale, mad the potential for adverse affects to aquatic wildlife as reasons for their opposition to the project. FtW&ermore, it appears that your client's project will not receive authorization fT, om the Town of Southold, Board of Town Trustees. With respect to this new information, your client's project may be inconsistent with various policies of the Coastal Management Program including Policy ~ which requires that an action is compatible with the kTpes and levels of development, and that an action does not impair significant coasmI resources. Therefore, we request that you contact tine Town of Southold to discuss and resolve ali outstanding issues regarding the proposed floating dock. If you have additional information in support of your client's consistency ceNification, we reonaest that you submit that information to our Department as soon as possible. At this time, you nay consider withdrawing your client's consistency certification. If so, please submit of a brief letter to our Department requesting ~at the cert~cation be withdrawn. At such time as all issues are resolved and the project has been modified, our expedited review of your client's revised consistency certification will begin upon our receipt of a new Federal Consistency Assessment Form (FCAF) and supponing information. Division of Coa~al Resources and Waterfront Rezqtalization l/b/ce: (5~8) 474~6000 Fax: (5~8) 473-2464 Page 2 Please provide the information requested to our Department within thirty, days ~om the date of this letter. Pursuit to 15 CFR 930.64 (d),/f the necessary data and information is not provided, the Department of State may object m your consistency certification on the grounds of insufficient information. Any additional information which you believe wi/1 facilitate our consistency review of this project would be appreciated. If you have any questions regarding this matter, please do not hesitate to call me at (5!8) 473-2466. Sincerely, ~ Walter F. Meyer Coastal Resources Specialist c: COE/NY - Marc Helman NYSDEC Region 1 - John Pavaic NYSOGS - Alan Bauder Southotd Town Trustees - Albert J. Krupski, Jr. file Albert J. Krupski, President John Holzapfel, Vice President Iim' King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 December 17:1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Walter F. Meyer Division of Coastal Resources 41 State Street Albany, N.Y. 12231 RE: Harold Tribble/Matt-A-Mar Marina F-97-838 DEC ~1-4738-00660/00006-7-8 Dear Mr. Meyer, Enclosed are coauuents and background infozmation concerning the above project application. The Southotd Town Board of Trustees has conducted two field inspections and taken soundings on three occasions at this site. The underwater lands in this area, patent lands, belong~ to Southold residents and a project of this mag~itude is an unnecessary monopolization of these p,~hlic lands. Based on our findings, public coam,ent, and knowledge of this area, the Board of Trustees feels t~is propose~project is not acceptable for this area of Long Creek and sho%~xtno~ be approved. If we can be of any further assistance, please let us know. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees cc. L. Chiarella Encls. S. Ettinger AJK / djh June 18~ 1997 Southold Town Board of Trustees, Dear Fellow Board Members, Transmitted herewith are my coi~m~ents for reco~en~ing disapproval of the project plan forM att-A-MAR Marina, SCTM $1000-139-2-5 A review of the files shows that th~smarina has expanded far more than was ever originally intended. Further. expansion is simply not justified and is contrar~ to future efforts to protect and impzcve our marine ecosystmm ~n Matt[tuck Creek. This area of Long Creek is bordeze~by private residences, ma~ ~ of which have a fixed walkway, ramp and float for access to the water. The proposed project is excessive i~ size and does not conform to the neighboring uses in this a~. There is inadequate depth of water for the proposed floated docks. Soundings taken at mea~ low water indicate less ~n two feet depth of water. On extreme low tides ~s whole area goes completely bare. The New York State Depa~b,ent of Enviro~e~tai Conservation requires a 4' depth of water at Mea~ Low Wate= ~or commercial floating docks. The. propose~ floats c~nnotbe located further ~ seaward to obtain more water depth, as ~e!~ would inter~ere witt~navigatio~inLong C=eek. This particular, beach area of Long Creekis unusual in ~hat it has indicators of being a spawning area for horseshoe crabs and could quitepossibly be identi~ie~as essential ha~itst ~n the management plan being develop~for this species. (Scc DEC letter concerning this). The increase in human activities this structure will encourage would displace much of the wildlife that is now ab,,n~nt in th~ area. Lighting and safety requirements would e~fectively remoYu this area to wila~e feed4ng at night. Interestingly, a ver~' similar project plan proposal on the south side of Matt-A-M~r was reco~mL%en~ed for disapproYal by the Board of Trustees ~n 1985. I rec~-,uend this project applicatio~ be denied. New York ~tate Department of ErlvJronmental Building 40 - ~UNY, Stony Brook, New York 11750-2386 Phene (~181 444-.02BE Fax # (5'161 444-0297 /.~'.'~:~ Southold Town Board of'kk, ustees Southold Town Hall 53095. Mabl Road Southold, NY ! 1971 Att: James F. King Re: New dock installation in Regulated Tidhi'~ Dear Mr. King: ~.;: Ow: guidelines for installatio~x of c~mmercial of vessel doc. king requires the fol~owsr~g: 1. A minimmn depth of 4' (feet) docking area. 2. A minimum dep*t, of 4' (fee0 below mean to docks. 3. Fainvay should be 1.5 times 4. Open pile docks should be no tidal wetlands and be a wetlands. br the purpose and ~in width over vegetated LAC:kw Regional Manager:. New York State Department of Environmental Conservation :Division of Fish, tNildlife & Marine Resources 205 N Belle Mead Road STE l, East Setauket, New York 11733-3400 Telephone: (516) ~?.*.-0476 Fax: (516) ~?.~.-0434 June 11, 1997 John P. Cahlll Acting Commissioner Mr. Jim King 220 East Mill Road Mattituek, NY 11952 Dear Mr. King; The purpose of this letter is to provide background information regarding improvements proposed for beach front property such as that located adjacent to the "Mat-A-Mar" marina on Wickham Aver/ue in Mattituck, New York. My comments are specifically related to the biology and species management of the Atlantic Horseshoe Crab (Limulus polyphernus) in my capacity as a representative of New York State on the Atlantic States Marine Fisheries Commission (ASMFC) technical committee for the American Eel and Atlantic Horseshoe Crab. The ASMFC, at its annual meeting in October 1995, voted to initiate a fishery management plan for American Eel and Atlantic Horseshoe Crab. The Atlantic coastal states concluded that a coordinated, interstate plan could best address conservation and fishery needs for these species. ASMFC is a compact of fifteen Atlantic Coast states, created "to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries." The management plan for the American Eel and Atlantic Horseshoe Crab is scheduled for adoption in May of 1998.- Upon completion and approval of an ASMFC management plan, member states are obliged to implement its requirements. In the event that a state does not completely implement an ASMFC fishery management plan, federal law 0Vlagnuson-Stevens Fishery Conservation and Management Act, P.L. 94-265) provides that the U.S. Secretary of Commerce may impose a moratorium in that state's fishery. Further, the Magnuson-Stevens Act stipulates that "Any fishery management plan must describe and identify essential habitat for the fishery and minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to. encourage the conservation and enhancement of such habitat." Horseshoe crabs are-significant in that their ancestors date back to the Ordovician period Coetween 480 and 390 million years ago) and are the only one of its ldnd found in American waters (Barnes, 1974). Other members of the Class Merostom~*? are found along Asian coasts or are extinct (Eurypterida). Horseshoe crabs play an important role in the food web for migrating shorebkds and juvenile Atlantic turtles. At least 20 species of migratory birds rely on horseshoe crab eggs to replenish their fat supply during their trip to Canadian breeding g~ounds. Hence, wildlife conservatiOn groups such as the Sierra Club and the AudUbon Society have become very concerned about the horseshoe crab resource. ~he blood, or lymph, of horseshoe crabs has been found to contain material useful to the biomedical community in detecting very small amounts of endotoxins in pharmaceuticals and medical equipment0, Endotoxins are extremely poisonous, very small amounts of which can cause severe illness and death in humans. Horseshoe crabs are an important source of bait in the commercial pot fisheries for American Eel and Whelk (Conch). During the late 1800's to early 1900's horseshoe crabs were ground into livestock feed and fertilizer (Botton and Ropes, 1987). The use of horseshoe crabs as feed and fertilizer has since diminished, however they remain as the bait of preference for commercial eelers and whelk fishermen, who utilize the larger, egg-laden females in particular. Horseshoe crabs are most abundant along the Atlantic coast between Virginia and New Jersey with Delaware Bay at the center of the species distribution. However, every major estuary along the coast is believed to have a discrete population distinguishable by adult size, carapace color and eye pigmentation (Shuster, 1979). Spawning in horseshoe crabs occurs during late spring when migrating adults move i/ashore in response to lengthening daylight hours. Adults prefer sandy beach areas within bays and coves that are protecte, d from surf. Peak spawning activity usually coincides with the new and full moon, evening spring;~i.~es. During mating and egglaying, males actively seek females moving onshore and attach to the abdominal carapace of the female. The female burrows into the sand near the waters edge, laying thousands of eggs, which the attached male fertilizes externally as the female slowly crawls towards the high fide line (Broekmaun, 1990). As the tide recedes, the pair leaves the beach, returning at another high tide. After 2-5 weeks, eggs develop into larvae which remain in the moist sand for several additional weeks. The larvae molt into juvenile horseshoe' crabs which reside inshore, undergoing a series.of molts before attaining sexual maturity at 9-11 years of age, (Shuster, 1984. Several authors (Teale, 1957; Shuster, 1982) suggest that adult horseshoe crabs may return to the beaches where they were once spawned. As is clearly mandated by the Magnuson-Stevens Act, the management plan under development for Atlantic Horseshoe Crab must identify the intertidal zone along sandy beaches as essential habitat for horseshoe crab reproduction. The plan would likely discourage the type of land development which would hamper or prohibit horseshoe crabs fr~om accessing their nesting ~iteg or prevent newly hatched juvenile horseshoe crabs from remming to the sea. Modification of the intertidal zone, such as dredging or beach stabilization by the .placement of "clean fill" (bricks and coarse gravel) has been-considered to be a principal factor in the decline of the Japanese horseshoe crab (Tachypleus tridentatus)(Nishii, 1975), and should also be discouraged in areas shown to be active horseshoe crab nesting sites. Also worth mentioning is the impact of pollution on estuaries as a whole and on the development of juvenile h0rse,s)oe crabs specifically. Several authors (Neff and Giam, 1977; Laughlin and Neff, 1977; Strobel and Brenowitz, 1981) have found signs of sublethal stress (delayed molting and elevated oxygen consumption) in eggs and juveniles after exposure to oil or chlorinated hydrocarbons. Although horseshoe crabs have been found to be more tolerant of lower quality water than other marine organisms, it occurs to me that the synergistic effects of habitat modification or destruction, pollution and removal by man cannot be beneficial to the continued success of the horseshoe crab population along the Atlantic coast of the United States. ::':i;i~('?' In closing, I hope that you find the infom~ation presented useful in your deliberations. IfI can be of any other service, please do not hesitate to call. Sincerel~~ Victor J. Vecchio Marine Resources Specialist I VJV/vjv cc: B. Young US Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, N.Y. 102.78-0090 ATTN: Regulatory Branch PUBLICNOTICE In rep~g refer to: Public Notice Nmr~er: 97-~2430-L2 Issue Date: December !6, Expiration Date: January 15, 1997 1998 To Whom k May Concern: The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). APPLICANT: Harold Tribble 2655 Wickham Avenue Mattituck, NY 11952 ACTIVITY: Install a pier assembly WATERWAY: LOCATION: A detailed Long Creek, Shelter Island Sound Mattituck, Town of Southold, Suffolk County, New York description and plans of the apphcant s acUv ty are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, floodplain values, !and use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality', energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to deteamine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise, it will be presumed that there are no objections to the activity. IN: Long Creek AT: Southold COUNTY: Suffolk STATE: New York P.O. Box 617, Cutchogue, NY 1 I935' Jmes E. Fitzgerald, Jr. 516-734-5800 ?. c~ 07 Revised August I1, 1997 DEPARTMENT QF THE AR~¥ ARMY ENGINEER DISTRICT, NEW YORK JACOB K. JAVIT~ F~DEP, AL BUILDING NEW YORK, N.Y. 10278-0090 OFFICIAL, BUSINESS PENALTY FOR PRIVATE USE, ,~300 U.S. POSTAGE NEW YORK, N.Y. MR. JOHN M. BREDEMEYER, III TOWN OF SOUTHOLD PRESIDENT BOARD OF TRUSTEES P.O. BOX 1179 SOUTHOLD, NY 11971 George E. Pataki Alexander E Treadwell Secretary of Sta~e Albert J. Krupski, gr. Trustee. Town of Southold 53095 Main Street ~ ~. Box 1179 Southold, NY 11971 Re: December 5, 1997 F-97-838 U.S. Army Corps of Engineers/New York District Permit Application - Harold Tribble, Long Creek Dear Mr. Krupski: Enclosed is a copy of the information submitted to the Department of State for review of the above-referenced project with respect to its consisten~kh e~al Management Program for your information and preliminary review. Please contactt~Walter F. Mey_.~the DOS reviewer assigned to this project, at (518) 474-6000 to discuss your concerns, and any additional information which may be necessary to assist you in ~oviewing this project. Any comments you may have will assist the Department in reaching a decision as to me consistency of the proposed action with the approved NYS Coastal Management Program. Please note, however, that if we do not hear from you within 45 days of the date of this letter, we will presume ~e pr°p°sed pr°ject~/)~ C~ ~. ~/~'Sincerely,~ , William F. Barton Chief, Consistency Review and Analysis Enclosures WFB :dlb 2~1~S DEPARTMENT OF STATE Division of Coastal Resources and Waterfront Revitalization Albany, NY 12231-0001 Voice: (518) 474-6000 Fax: (518) 473-2464 NeW YORK STATe DEPAf~TMENT OF STAOOASTAL H;%JUfIAM$ COASTAL MANAGEMENT F~OG~AM NOV I g ~edera Consistency Assessment Form ECEIVED An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP, shall complete this assessment form for any proposed activity that will ~ccur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. A..APPL CANT 1. Name: ~)~OL..D TRI~BL~ 3, Telephone: (please print) 2. Address: [x.J~(,~k~F~qf-tl (~d~, ~'¢~. ~Ok< Area Code (51~) 2~ - ~H~ B. .~ROPOSED ACTIVITY 1. Brief description of activity:...~O~T-/~_OC~yiO~J OF ("-lzv~,-~D O~(~ l~J~L.i~b~t~(/ ~'~ 5~I ~ '~ 2, Purpose of amivity:..~o~ (l~ ~A~,~ USg O~ ~[~x~ OOT~O~O~ t~P ~ ~O~L:~_~ 3. Location of activiW: ~0E-¢'o64¢_ i~A1~,-'iT'oO.y., q"f~ot,.) ~0£ --~Oo'g/4©t_~ ~-6~ t.dI C~Hq~ .. ~d~. County City, To~n or Village - Street or Site Description Type of federal permit/license required: ~) ~rS DEC. (/SACOg; ~OOTI4E)t.O Yi~SF~ Federal appli~tion number, if known: PLCMiDf&~_(~ -., If a state permit/license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: COASTAL ASSESSMENT Check either "YES" or "NO" for each of the following questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity, 1. Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12, 20, 28, 35,44) ........................................ c. Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1) ............. d. Reduction of existing or potential public access to or a grig coastal waters? (19, 20', eo Adverse effect upon the commercial or recreational use of coastal fish resources? (9,~d)"::: ::::: v' f. Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) ...................... g, Siting of a facility essential to the generation or transmission of ener ? .... h, Minn excava' . ~ ~. . ,.... . gy (27) ......... g, t~on o, dr dg,,,g *cdvlt~es, or the pM.emer,t of d, ed ~d c - ' g~ or ,[11 material in coastal waters? (15, 35) .................................................. . i. Discharge of toxics, hazardous substances or other pollutants ire coastal waters? ~8 15 i. ~Dralning of stonnwater runoff or .';ewer overflows into coasta watfr~7 Iq'~ .... 3 ....... k..,~nsport, strcege, treatment, or cisposal o: sohd waste,s or hazar'd-;~; ,'~q~a~erialsi '('3~: ~9) .... '.' .' .'' " I. Adverse effect upon land or water uses within the State s small harbors? (4) ............... -.. . j 2, Will the proposed activity a_ffect or be located in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (44) / b. Federally designated flood and/or state designated erosion hazard area? (11, 12, 17,) ........... / c. State designated significant fish and/or wildlife habitat? (7) d. State designated significant scenic resource or area? (24) ............................... . e. State designated important agricultural lands? {26) ................................... f, Beach, dune or barrier island7 (12) .............................................. . , ,/ g. Meier ports of Albany, Buffalo, Qgdensburg, Oswego or New York7 (3) ..................... . v/ ih,. State, county, or local Dark? (19, 20) ............................................ , Historic resource listed on the National or State Register of Historic Places? (23) ............... YES NO -1- November 3, 2'997 Re: Supplement to Environmental Questionneire, P~ge i, question Please find a copy oz a SEQR that w~s included in information sent ko the Town oi Southold Trustees~ back in 1995. Note that the "Description oz Aotion~ has now changed due to a downsizing of the original pro.ject. [he rest ol the SE~R has not chan~ed ~nd information is still current and has not changed. additional in/ormation is needed, please contact me ~_T_h~ You Donald Cocks agent /or Harold Tribble PoO. Box 1235 MattiCuck, N.Y. 11952 H.5!6 298 9189 W. 516 298 4739 ENVIRONMENTAL QUESTIONNAIRE This is intended to supplement ENG Form 4346, Application for D~partment of the A'rmy Permit, or the Joint Application for Permit used in the State of New York. Please provide complete answers to 'all questions be/ow which are relevant to .your project. Any answers may be continued on separate sheet(s) of paper to be attached to this form. PRIVACY ACT STATEMENT The purpose of this form is to provide the Corps of E~gineers with basic information regarding your project. This information will be used to facilitate evaluation of your permit application and for public dissemination as required by regulation. Faiiure to provide complete information may 'result in your application being declared incomplete for processing, thereby delaying processing of your application. - GENERAL--APPLICAB£E TO ALL PROJECTS Explain the need for, and purpose 'of, the proposed work. 2. Provide the names and addresses of property owners adjacent to your work site fif not shown on the application form or project drawingsL (Please note that depending opon ~e n~re and extent of your project, you be requested to provide the names and ~ddresses of ~dd~Yional property owners proximate to your project site to ensure prope/ cooMination.) ~ - 3. Photographs of the project site should be submi~ed. For projects m tidal areas, photographs.of the waterway vicMfty should be take~ at Iow fide. UsMg a separate copy of you~ plan view, Md/cate the.loca~bn and direction of each photograph wee as the date and time at which the photograph was taken. P[ov~de a number of photogr~hs so as to provide a clear understanding of conditions on and proximate to your project site. ~ ~~ ~ 4. Provide a copy of any environme~t~limpact statement, o~y other environmental report which was prepared for your pro]ebt. [continued on next page] Page 1' 5. Provide a thoroug..h, discussion of alternatives to your p~eposaL This discussion ~Sbuld include, but z~ot necessarily be limited to, the "no action" alternative and alternative(s) resulting in less disturbance to waters of the United States. For fzTling projects in waters of the United States, including wetlands, your alternatives discussion should demonstrate that there are no practicable alternatives to your proposed 6'fling and that your project meets w~h c~rmnt mitigation policy avoidance, minimization and compensation). DREDGING PROJECTS Answer the foflowing ff your project involves dredging. ff. Indicate the estimated volume of mater/a/ to be dredge~ and the d~oth' [be/ow mean Iow water) to v/h/ch dredging would occur. Would there be overdepth dredging? 2. You can &np/y for a ten-year permit for maintenance dredging. If you wish to apply for a ten-year perm/t, please provide the number of additional dredging events during the ten-year life of the permi~ and the amount of material re be removed during future events. 3. Indicate of yobr drawings the dewatering area (if applicable} and disposal site for the dredged material (except landfill sites]. Submit a sufficient number of photographs of the dawatering, and disposal sites as appEcaflte so as to provide a clear indication of existing conditions. For ten-year maintenance dr¢dging permits, indicate the dewatering/disposaf sites for future dredging events, if known. 4. Describe the method cf dredging (i.e. clamshell, drag#ne, etc.) and the expected duration of dred~in£. .' 5. Indicate th'e physical nature of the material to be dredged (i.e. sand, silt, clay, etc.) and provide estimated percentages of the various cements if available. For beach nouWshment projects, grain size analysis data is required. (continued on next page] Page 2 6. Describe the meflTod of dredged material containment (i.e. hay ha/es, embankment, bulkhead, etc.) and whether return f/ow from the dewatering/disposal site' would reenter any waterway. Also indicate if there would be any barge over/iow. ~J /~ MOORING FA ClLtTtES Answer the fo#owing if your project includes the construction or rehabilitation of recreational mooring facNdes. 1... lt is generallyrecommended, that any fixed piers and walk ramps be limited to four feet in width; and that floats be'limited to e/ght feet in width and rest at least.two feet above the waterway bottom at ~ea~ low water. Terminal floats at priwte, non- commerciat-facEides-shou/d be:limited, to ~20.feet M ten,th, ff you do' not ~etieve your proposal ca~ meet w/th these recommendations, p/~zse prov/de the reason(s). 2. Using. your-plan vfew,.show to scale.the location(si, pos/don(s) and size(s) (including length; beam and d[a~) of. vesseffs) to be moored ~t the proposed faci#ty, Mc/ud/nE those of transient vessel(s) ff know~. ~ and/nd/cate on the plan view. the focatfo~(s) of any proposed fue/f~ a~d/or pumPout faczTities, ff pumpout facilities are not planned, please discuss the rationale below and Mdfcata the distance to the nearest available pumpout station. 4. Indicate on your p/an view the distance to adjacent marine structures, ff any are proximate and show the loc~tfo~s ~nd d~mens~ons of such structures. (continued on n&,~t page) Page 3 5. Discuss the .~eed for wave p'rotecffon at the proposed facility. Please be advised that If a permit is issued, you woutd be required to recognize that the mooring faci#ty may be subject to wave action from wakes of passing-vessels, whose operations would not be. requiredto be modified. /ssuance of a permit woutd relieve you of ensu~in~ the fnte~i~ of'the author/zed'structure[s) and the United States would not be held responsible for. damages to the structure(s) and vessel[s] moored thereto from wakes from pass/nE vessels. BULKHEADING/BANK STABILIZA T/ON/FILLING ACTIVITIES Answer. the ~fo#owing. if: your. project_includes, construction of. butkheading fa/so retaining walls and seawalls) with backfiIl,:.f/l//ng.of waters/wet/ands,' or any other bank stabi#zation f/#~'such as riprap: revetments, gabions, etc. ~. indicate the tot~l volume of fi# (including back/lit ~ehMd z structure such ss s butRhead) as well es the voiume of. fi# to 5e pizced into waters of the United States. The amount of fi# M waters of the United States can be determMed by calculating the:amount of:fi#.:to.'~e.~/acedbe/ow.t~eplane.o~ sprJ,~ ~,En Ede MEdz] a~eas and 2. indicate-the source(s) and:typ'e'(s).'of, fi# materiaL $. '/nd/cate the'method of. fill placement (i.e. by hand, bulldozer, crane, etc.). Would any temporary f/lis be required'in,waterways or wet/ands'to provide access for construction equipment? If so,:p/ease-indicate t#e area of such wa~ers and/or wetlands to be fitled;'and show on the plz~ and sec~nal views. The foregoing requests basic information on the most common types of projects requiring Department of the Army permits, it is intended to obviate or reduce the need for requesting additional information; however, additional information re, ay be requested above and beyond what is requested in this form, · , '~.~, P/ease feel free to add any a'dditional information regarding your project.which you believe may facilitate 'our review. .- VEGETATED WETLANDS BOUNDARIES DELINEATED BY J.E. F1TZGEF~LD. JR. ON 5/6197, 1000-13g-2-5 HAROLD TR1BBLE 2655 WICKHAM AVENUE MATTITUCK. NY 1 lg52 2655 WlCKHAM AVENUE MA1-FITUCK. NY 11952 CORPS OF ENGINEERS DATA PURPOSE: Construct floating dock with access walkway and ramp for commercial purposes. DATUM: MLW IN: Long Creek AT: Southold COUN/Y: Suffolk STATE: New York PROJECT PLAN AppliCation for Harold Tribble, SCTM//1000-139-2-5 ~Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 1 t935 James E. Fitzgerald, Jr. 516-734-5800 Revised August 11, 1997 THE SITE OF THE PROPOSED PROJECT IS CROSS-HATCHED 'I~z~X MAP Applicalion regat-di~g tile properly o[ I larold W. 'Fribble, SC'I'lk I ~ 1000-t 39-2-5 Rep~ese~ted PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald. Jr. 516-734-5800 December 3, 1994 14-16-;~ I2iB?)- 7c " .617.21 · . Appendix A Stele Envhm. m~entel Quality Revl0w FULL ENVIRONMENTAL ASSESSMENT FORM " SEQR Pu,pose: The lull EAF Is designed to help applicanls and agencies determine, in an orderly manner, whether a project or action may be significant. The question o! whether an action may be signtticanl is not always easy to answer. Frequenl- ty, there are aspects ol a proiect that are subjective or unmeasu~eable. It Is also understood that those w~o determine siRnilicance may have Jiitle o~ no {~rmal ~nowledge of the envi~onmenl or ~ay be technically expert in environmental analysis. In addtUon, many who have knowledge in one particuta~ area may not be aware of the broader c~cerns affecting (t~e question o~ signUicance. The ~ull EAF ts intended Io provide a method whereby appltcnnls and agencies can be assu~ed thai Ihe delefmlnatlon p~ocess bas been o~detly, comprehensive in nature, yet flexible to allow introduction o{ Iniormatton to lit a p~oject or aclion. full EAr Componenls: The full I~AF ts comp,ised o! Uuee parts: Parl 1: Provides obiective data and inlotmation about a given project and Its site. By identifying basic project data, i.t assists a reviewer in the analysis'that takes place in Parts 2 and 3. Peri 2: Focuses on idenlifying the range o[ possible impacls ~hal may occur from a proied or'action. It provides guidance as [o whether an impact ts timely to be considered small to moderate or whether it ts a potentially- la~ge hnpact. The form also identiHes whelber an Impact can be mitigated ot reduced. Pail 3: II any impact in PaN 2 is identified as polentially-la~ge, then Part 3 Is used [o evaluate whethe~ m no{ the tmpacl is aclually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Aclions Idenllf¥ Ihe Portions of EAF compleled lot Ihis p,oject: [] Part I J~] Part 2 []Part Upon review oi the information recorded on this EAr (Parts I and 2 and 3 if appropriate), and any olher supporting Information, and considering both the magitude and importance el each hnpact, It is reasonably determi~d by lead agency that: A. The project will not result in any la,ge and important impact[s) and, there[ore, is one which will not have a Significant impact on the envimmnent, therefore a negaltve declaralton will be pre.red. B. Although the p~o~ec~ could have a significant enact on the environment, there will not be a significant enact for this Unlisted Action because the mitigation measures described In PART 3 ha~ been required. the~e{me a CONDITIOHED negallve decla~allou will be prepared.~ C. 1he pmiect may result in one or more large and.important impacts that may have a significant Impact on the environment, therefore a posillve declatallon will be p~epa[ed. a A Conditioned Negative Decla~ation is only valid lot Unlisted Actions Name of Aclion Name of Lead Agency PHnI or Type N~a~e of Responsible Officer in Lead Agency Stgnalure of Responsible Oflicer In Lead Agency.. Title of Responsible Olficer Signature of Preparer (if different f~om respon.,tble afl'tear) Date PART 1--PROJECT INFORMATION ' - - Prepared by Project Sponsor N(')TI(;[: This d~mumenl is dt,slgmtd In assist in thdermining whether Ihs action proposed may havt, a ~ignillcnnl eflect on the environmenL Please comple[e {he entire lo,in. Parts A through E. Answers to these questions will be considered as part of the applicalion lot approval and may be subject to further ve~ificaUon and public review. Provide any addiUonat info,marion you believe will be needed to complete Parts 2 and 3. tt is expected that completion ot the full EAF will be dependent on information currently available and will not Involve new studies, research or laves,lEa,ion. If in[ormation requi[m8 such additional work is unavailable, so indicate and specify each instance. Wickham Avenue, Ma~tituck, NY 11952 NAME OF APPLICAN1/SPONSOR I BUSIHESS TELEPHONE James E. Fitzgerald, Jr. / Proper-T 'Permit Services t516! 734-5800 ADDRESS PO Box 617 t STATE I ZIP COOE CITY/PO Cutohogue NY 11935 NAME OF C7'~UI'¢ER (11 dtflerenll j BUGINI:$S TELEPHONE Harold W. Tribble I t516) 298-1134 ADDRESS 2655 Wiokham Avenue I STATE z,P CODE CITY/PO Mattituok NY 11952 DESCRIPTION OF ACTIOH Oonstruct fixed walkway 4' x 40t and hinged ramp 4t x 20' providing access to main floating dock 5t x 190', with two finger docks each 4t x 30' at ends oft and perpendicular to, main dook. Install seven 12" x 35t mooring piles and eight 12" x 35' piles to eeoure main dock and finger docks, all as shown in Peconic Surveyors map 91-1OOt revised to show-"prop dock" on 12/2/94. Please Complele Each Queslion-lndlcate N,A. ii not applicable A. Sits Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [::]Urban [:::]Industrial [:::]Commercial {~Restdentlal [suburban) t.~Rural (non-farm} [~Forest [:]Agriculture [:]Other 2. Total acreage of project area: /.~,~-' ]: acres. APPROXIMATE ACREAGE PRESENTLY Meadow or Brusi~land [Non-agricultural} ~."7 acres Forested · -0-- acres Agricultural {Includes orchards, cropland, pasture, etc.) - 0- acres Wetland (Freshwater or tidal as per Articles :24, 25 of ECL) ~)'"'~ acr-es Water Surface Area --O-- acres Unvegetated {Rock, earth Or fill} . - O - - acres Roads, buildings and other Paved surfaces O,-~-' ~ acres Other (indicate type) --O - acres 3. What Is predominant soil type(s} on project site? a. Soil drainage: I~Well drained /~3~7 % of site [:]Poorly drained % of site ' AFTER COMPLETION ~."7 acres -0 - acres -~) -- acres O, ~' ac,es ~) ~ acre5 --0 ~ ac,es 0· ~''- acres -~ acres I-1Moderately well drained b: If any agricultural land is Involve.~. how many a.cres of soil are classified within soil group I through 4 o! the NYS Land Classification System? ~ acres. (See I HYCRR 370). ' 4. Are [here bedrock outcroppings on project site~ [:]Yes ~]No a. What Is depth to bedrocl~? ~ {in feet) 5. Approximate percentage of proposed project site with slopes: 90,10% ({20 % ~10-1~% % O15% or g~eate~ % 6 I~ p~oiect:JubHnnliatl¥ cnnliguous to. or contain a ~uildin8, site. or dishict, lisled on the Stale o~ the National Registers at H~storic Place~? ~Yes ~No 7. Is p~oject substantially contiguous to a ~ile listed on the Registe~ of National Natural Landmarks~ ~Yes ~No 8 Whal is the depth o[ the water table] [~'~ (in leer) 9. Is sile located over a primary, principal, or sole source aquifeH ~Yes ~No 10. Do hunting, fishing or shell lishing opportunities presently exisl in the ~roiect areal ~Yes ~No tl Doe~ Proiecl site contain any species of plant o~ animal lile tidal is idenli[ied as threatened or endangered] Iden[ily each species ~ 12. Aie Ihere any unieue o~ unusual land to, ms on the project site~ (i.e., cliHs, dunes, othe~ geological lormaUons) ~Yes ~No Describe ~ 13. is the protect site presently.' used by the community or neighborhood as an open space or recreation areal E]Yes ~;b',lo If yes. explain 14. Does the present site include scenic views known to be important to the communityl EiYes 15 Stream.~ within or contiguous to project area: a Name of Stream and name of River to which it is tributary NA 16. Lakes, ponds, wetland areas within or contiguous to p~oject area: a. Name Orr' b. Si,e u. acres} S'O 17 Is tim site served by existing public utilities? I~Yes [3No a) If Yes. does sufficient capacity exist to allow connection? b] If Yes, will improvemer~ts be necessary to allow connection? []]No E]Yes I~LNo 18. Is the site located in an agricultural district certified pursuant to Agricullore and Markets Law. Article 25-AA, Section 303 and 304t EgYes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area desigr~ated pursuant to Article of the ECL. and 6 NYCRR 617t E]Yes ~],No 20. Has Ihe site ever been used for the disposal of solid or hazardous wastes? E]Yes B. Project Description I Physical dimensions and scale of project (fill in dimensions .as appropriate) a. Total contiguous acreage owned of controlled by proje6t sponsor /"'-~ acres. b. Project acreage to be developed: J,~'-~ acres initially; /.~"-~ - acres ultimately. c. Prqject acreage to remain undeveloped --O ~ acres. d. Length of project, in miles: /~/~ [If appropriate) . e. If the p,oject is an expansion, indicate percentof, e~pansionproposed ~/'kt/~D~ l, Number o! off-street parking spaces existing /'~ ~/L~; proposed / g. Maximum vehicular trips generated per hour /~ ] h. I! residential: Number and type of housing units: One -Family Two Fa. rally I. Dimensions (i~ leer) ol largest proposed structure. J'O~ hei§ht; ~-~IE)t width; JqO ~ length. j. Linear feet of (rontage along a public thorou§hlare project will occupy isl ~ ft. %; (upon completion of project)? Multiple Family Condominium -~.- -~.- 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? -- O -- 3. Will disturbed areas be reclaimed? []Yes OHo ~tbl/A a~ ~ yes, lot what intended purpose is the site being reclaimed~ b. Will topsail be stockpiled fo~ ~eclamati6n? ~Yes ~No c. Will upper subsoil be stockpiled for ~eclamation~ ~Yes 4. How many ac~es of vegetation (trees. shrubs, ground covers) will be removed from site? ~ ~ ~ acres. 5. Will any mature forest [over 100 years old) or other locally-important vegetation be removed by this project[ E]Yes 6. il single abase proiect: Anticipated period of construction 4., 7. II multi-phased: a. Total numbel at phases anticipated J~JJ~ [number). b Anticipated date of commencement phase 1 c. Approximate completion date of final phase d ts p, Jaase 1 functionally dependent on subsequent phases? 8. Will blasting occur durihg construction? []Yes J~'LNo 9. Number of jobs generated: during construction/~t~0~,- 10. Number of jobs eliminated by this project -O -- 11. Will project require relocation of any proiects or facilities? months, (including demolition). tonslcubic yards month year, (including demolition). month, year. I-lYes ~No ; after project is complete DYes ~LNo If yes, explain 12 is surface liquid waste disposal involved? EYes a. II 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? [3Yes I~No lype 14. Will surface area of an existing water body increase or decrease by proposal? ~Yes Explain r~A ~No 1S. Is project or any portion of proiecl located in a 100 year flood plain? [~Yes 16. \Viii the project generate solid waste? []Yes ~No a. If yes, what is the amount per month ~JJ~ tons b. I! yes, will an existing solid waste facility be used? OYes []No c. If yes, give name ; location d Will any wastes not go inlo a sewa§e disposal system or into a sanitary landfill? e. If Yes, explain DNo OYes F'lNo 17. Will tim prolect involve the disposal of solid waste? OYes ~No a..If yes, what is the anticipated rate of disposal? N~ .'tons/month b. If yes, what is tl~e anticipated site life? years. 18. ','Viii prolect use herbicides or pesticides~ DYes [~LNo 19. Will project routinely produce odors (more than one hour per day)? OYes ~o 20 Will project produce operating noise exceeding the local ambient noise levels? E]Yes 21. Will project result in an increase in energy use? []Yes If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity [~k gallons/minute. 23. Total anticipated water usage per day J~A gallons/day. 24. Does project invol~,¥j~ocal, State or Federal fondling? []Yes I~No If Yes, explain I~No 25. Approvals Required: SubmtllaJ Type Dale City. Town'~ ~-/illage Board E]Yes City. Town. Village Planning Board t]~.Yes El'No Cily. Tmvn Zomng Board E]Yes ~No Cily. County 1-1e,,lth Department E]Yes I~g-,lo Othe~ Local Agencies [gb'es E]No Other Regional Agencies E]Yes State Agencms ~J;I,Y e s E]No Federal Agencies ~Yes E]No C. Zoning and Planning Information 1 Does proposed action involve a planning or zomng decision? Il Yes, indicate ,decision ,required: E]zoning amendment [:}zoning variance E]Yes ' J~;J.N o E]special use permit E]subdivision gsite plan E]newlrevision of maste, plan E]resource m,~nlagem_~nt plan E]other M.Ji 2. What is the zoning classificalion(s)of the site? - 3 Wi~al is the maximum potential development of the site il developed as permitted by Ihe present zoning~ 4 Whal is the proposed zoning o[ the site~ Wha~ is the maximum potential development o( the si~e II developed as permi~ted by the proposed zonin~ 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ]~Yes E]No ,,...'~hi,.a '~ proposed action? 7. What are the predominant land use(s) and zoning classi, licatJ,,ons mile radius of 8 Is the proposed action compatible with adjoining/surrounding land uses within a '4 mile? ]~Yes E]No 9 If the proposed action is the ~ubdivision of land, how many tots are proposed[ a. What is the minimum Jot size proposed! 10. Will proposed action require any authorization(s) for the formation o~ sewer o~ waler dis[rictsl ~Yes ~No 11. Will the proposed ,action' create a demand Jot any community provided services (recreation, education, police. lire protection)~ ~Yes a. If yes, is existing capacity suHicienl to handle projected demand~ ~Yes. 12. Will iJ~e proposed action result in the generation of traHic'signilicagtly above presegt JeveJs~ ~Yes ~o a. Il yes, is the existing road network adequate to handle the additional t[afJicJ ~Yes ONo D. Inlormatlonal Details -,, Attach any additional information as may be needed lo clarify your project. If there are or m~,y be any adverse impacts associated with your proposal, please discuss such impacts and tire measures which you propose to mitigate or avoid them. E. Verification I ce tffy that the mfe~mati~]o.~ded above is true to the best oJ my knowledge. Applicant/Sponsr~"N~m9 ' //J..~'~(e~,--~;--Fi~rAld, fir. ' Dale ' ~ ~ ~'~ I/I -. ~ t/ ......... If II~e action ts t~h~ Coastal Area,,~ you are a s(~le agency, complele the Coastal Assessment Form belo,e proceeding Mth 1his ass~ss~nL ~ - Gem'ge E. Paraki A]erandcr F. Tr~:ad:~ =Y. November 17, 1997 Mr. Dcnald Cocks P.O Box I235 Mar. tiruck. N.Y ! i952 F-97-838 U.S. Army Corps of Engineers/New York District Permit Application Harold Tribble Town of Southold, Long Creek Request for Addilional Information Dear Mr. Cocks: Thank you tbr submitting the Federal Consistency Assessment Form (-FCAF) and supporting information regarding ta~ proposed const~ction of a clock, walkwav ~d r~p ar your client's marina. However. t~he Department of State DOS~ is concernec~ with various items and requests additional information. Pursuant to 15 CFR 930.58, the following data an, d information is necessa,w to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Enclosed. please find a.copy of your Federal Consistency Assessment Form (FCAF). Although the proposed project would occur within State designated tidal wetlands, item C. COASTAL ASSESSMENT 2.a. was checked as "NO." Item C.3.a. wa also check as "NO" Please review these items, check as "YES" and return the FCAF along with your written response ro this letter. Please note that various numbers appear ~n parenthesis after each of the items in C. COASTAL ASSESSMENT. For example, (44) appears after C.2.a. This refers to Coastal Policy #44. According to D. ADDITIONAL STEPS. the applicant must submit an assessment of the proposed project with respect to the coastal poticie~ which have been identifidd in C. COASTAL ASSESSMENT. Please utilize the attached information to produce a written ar;~y?is of the project with regard to Coastal Policy #44 and all other applicable policies (a copy of t~he forty-four policies is attached). It appears that the proposed dock Would support a commercial marina, tf so, you may be required to obtain authorization for t_he proposed project from the New York State Office of General Services (OGS) for construction D~vision of Coastal Resources and gVaterfront R~qtaiizatlon A~ban); ~ 12~l~l Voice: (5~8J 474-60~0 F~ (718) 4~-24~ Page 2 ^ of a commercial facility over State owned underwater lands. Please contact OGS at (518) 473-1287 or I288 to determine [f authorization from OGS is necessary for the proposed project. Please submit a profile drawing of ~e proposed walkway, ramp, and float. A profile would enable us ro be~er assess the project for affects to tidal wetland vegetation. Would it be possible ro install the proposed dock at tine existing marina facility? Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin agrer we receive md determine that the necessary data and information ~s adeouare to assess coastal zone effects. Any additional information which you believe will facilitare our consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please cai1 me ar (518) 474-6000 if you have any questions. Sincerely, ~ ~,Jr//?~'~'e~e r F. Meyer Coastal Resources Specialist c: COE/NY - James Haggerty NYSDEC Region I - John Pavaic NYSOGS - Alan Bauder file O EPAR-iTv'IENI OF STATE COASTAL PROGRAMS NOV 2 8 1997 RECEIVED Department o~ State AibanM, ~.y. ±~-,1 "Request ior Additional Imiormatzon" letter dated 11117197 Enclosed please find the FCiAF copy that you sent ~ ~' for correc~imns_, and ~.por~xn~ i~ etlon" policies #44, s, ~ letter- with arialvsls on ~Sun +-=, .~_orm Thank you for the iniormation on the NYS Office el ~enere! Services, i'm in the process of contac%in~ them to determine authorizatmon. Please find a profile drawing tha~ should help in showing wetland vegetation and placement of the projects docks and ramps and piles. The existing marmne facility had gone to %he Town of Southo!d Trustees for a addition to the marina for these small boats, and was told that due %0 the mixing of large beets a% the existing marina, an addition el docks that could service these small craft could lead to navigation problems between the larger and smaller craft. The proposed project on the Tribble property would separate these craft makino for a much safer coexistence. Due to the bridge east of the project that runs over the creek and the general shallo~ water, navigation of large craft would be impossible thus making the use by these small outboard and self powered craft sale. Most of the craff will be Kayaks and Canoes which are clean and non poluting. Once again, please contact me if you need any additional information. Sincerely, Don Cocks Agent for Harold Tribble !i/24/97 NYS Department of State Div, of Coastal Resources and Waterfront Revitalization 162 Washing±on Ave. Albany, N.Y ......... ~e: FCAF Supporting Information The IoilowinG analysis is in regard to our change to "yes~ on questions ior with re~ard ~' ~- ~ ASSESSMENT =~m%~nn of the FCAF form, ~.a. and 3. a., . zhe e, OA~l~- ~ .... ' - ~o the ioilowing Coastal Policies. COASTAL POLICY #44. ~2, ~o ~ ihe projec~ which has been downsized from the original plans, is designed to marshes work with minimal smounu disruption to environment. The wetlands and will remain untouched, no dredging or bulkheading to be performed. The docks will be fleecing above the flats at MLW and at its planned location, has no aquatic vegetation. The area has been closed for shellfish for over 30 years end is lccated at approx i000' feet from a bridge that cresses the creek and limits navigation. The area is zoned ~Marine 2" which allows a marina/boat yard operation with storage~ repairs and sales. Our only plan is to have a dock mn which we can dock a limited number of smell outboard and se!i powered watercraft such as Kayaks and Oanoes. Our Kayak and Oanoe program should com- plement recent reports by Town of Southo!d Waterfront Revitalization Committee as well as the Long Island Sound Study of a few years back recommending tha~ Msttituck Inlet develope the recreational aspects of the creek with personal watercraft me. Kayaks, Canoes, Dingys. The upland will r~main as is with only mdditionai blue stone. Farking area %o be approx. 200~ feet south of the pro3ect docks and above the iQ' feet at MHW eleva%ion. Sanitation needs will ~,= handled at toilets located and esqabiished on %he property. Electrmc and water use to be minimal due to small smze and amount of boats that will use the docks. If any additional information is needed please contact me. Donald Cocks - agent for Harold Tribble Co COASTAL MANAGEMLN r PROGRAM ,, o RECEIVED An a~pllcant, seeMng a permit, license, waiver, certification or similar t~pe of approve~ from a federa~ agenc~ which is subjec~ to the New Yore Sta~e Coastal ~anagemen~ Program {C~P, shall complete this assessment form for any proposed activity that occur within and/or d~rectly affect the State,s Coastal ~rea. Th~s form is intended to assist an applicant i~ certifying that dm proposed activiW ~s consistent wid~ New York S~a~e's ~Mp as required b~ U.S, Departmen~ of Commerce regulations (~5 CFR 930.57L It should be completed at the time When the federal application is prepared. The Deparb~ent of State will use the completed form and accompmwing informa[ion in ils review of the apprican['s certification of consistency, [please print} 3. Telephone: Area Code B. PROPOSED ACTIVITY 1. Brief description of activity: ~,O(~)~.~T-F),,~ ...... 3 Location of activity: ' City, Town or ViJJag~- - Street or Site Description 4. Type of federal permit/license required:~~)~. , ~~ ' i~.:.)C)~ -~_ 5. Federal appli~tion number, if known:~~~ 6. applicatlonlf a state permit/licenSeor permit number, was issuedif known:°r is required for the proposed activity, identify the state agency and provide the ~QASTL,.ASSE[~MENT Check either "YES" or "NO" for each of the following questions The numbers roi ' activlty.questi°n refer to the policies described i~ the CMP document (-~e"~ footnote on page 2) which may' be affected by thel°W[ngproposedeaCh Will the proposed activity r~u~t in any of the following: ~ES N~ a. Large physical change to a site within the coastal area which will require the preparation of an envronmental impact statement? (11, 22, 25 32, 37 38,41, 43) ............ b, Physical alteration of more than two acres of land alon the I ' waters? (2, 11, 12, 20 28 35 44) g Smrehne, land Under water or coasta c. Rev talization/redevelopment of a deteriorated or underutilized waterfront site? (1) ............. d. Reduction of existing or potential public access to or along coastal waters? [19, 20) e. Adverse effect upon the Commercial or recreational use of coastal fish resources? (9,10) ......... f. Siting of a facility essential to ~he exploration, development and production of energy ............ resources in coastal waters or on the Outer Cont rental SI " g. Stung of a facility essential to the "e ~ ...... m~r? (29) ............ ' ' ~ =,,uun or transmmsion of energy? (27) ........ h. Mining, excavation, or dredging activities, or the placement of dredged or fill hater a ] ........ coastal waters? (15 35) ................................... i. Discharge of toxics hazardous substances or o[her po utants into coastal Waters? (8 1 j. Drabbing of stormwater runoff or [ ewer Overflows into coa ~ 3~ .... k. Transpo~, stroage treatment ~r,: ...... stal waters? (33) ......... ' ' '' ' · , ..... uusm o~ sohd wastes or hazardous materials? (36 I. Adverse effect upon land or water uses within the State's smallha~oors? (4)" - 2. Will the proposed activity &ffec~ or be J0cated in. on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (44J b. Federally designated flood ano/or stamdesignated erosion hazard area? (11, 12, 17.) c. State designated significant fish and/or wildlife habita[? (7} d. State designated significant scenic resource or area? (24) .................. """ "" e, State designated important agricultural lands? (26) ....... ' ' ' .................... f. · .................................. .. g. Beach, dune or barrier island? (12) .............................. ' Major ports o[Albany. BuHalo, Ogdensburg Oswego or New York? (3) .......... State, county, or local park? (19, 20) ............................................ · Historic resource listed on the National or State Register of HisLoric Places? (23) .................. Will the proposed activity 're~r_~e ~nY of the following ? c. Construction or reconstruction gl ~ flood or erosion control structure? [13, 14. 16) ...... d. State water quality permit or ce~ification7 {30. 38, 40) ............................ e. State air quality permit or certification7 (41, 43) ................................. Will the proposed activity ~Cwitl~i~ and/or ~[fec~ an area covered by a State approved local waterfront revitalization program? (see policies in local pregram d~cument') .............. AODIT ONAL' STEPS, 1, It all of the questions in Section C are answered "NO", [hen tile applicant or agencv slmll complete Section E and submit the documentation required by Section F. 2. If any of the questions in Section C are answered "YES", then tire applicant. The Ofproposedagent iSactivityadViSedmusttO consultbe analyzedthe CMP,in more°r wlmre appropriate, the local waterfront revitalization program document . detail with respect to the applicable state of local coastal policies. In the space provided below or on a separate page(s), the applicant or agent shall: (a) identify, by their policy mJmbers, which coastal policies are affected by the activity, (b) briefly assess tl~e effects of the activity upon the policy; and, (c) state how the activity is consistent with each policy. Following the completion of this written assessment, tire applicant or agency shall complete Section E and submit the documentation required by Section F. CERT FICATION The applicant or agent must certify that the proposed activity is consistent with tl~e State's CMP or the approved local waterfront revitalization Pm~"am, as appropriate, tf this certification cannot be made, the proposed activit~ slmll no~ be u~der[aken. If this certi[ication can be made, complete this Sec~mn. "Tim proposed activity complies with New York State's approved Coastal M~naflement program, or with tl~e applicable, approved local wamrkont revitalization program, ane will b~ conducted in a manner consistent with such program, Applicant/Agent's Name: }~.f~l~O~D ~l~J~[~ Address: '~S~ ~lCkgl-lf~l~ 2:)d~- .~'C-~i:~ .~ .... Applicant/Agent's Signature;-~l ~1~ __<....~ t~ SUBMISSION REQU REMENTS The applicant or agent sball submit the followin9 documents to tim New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, 1 62 Washington Avenue, Albany, New York 12231. a, Original signed form. b. Copy o1: the completed federal agency application. c. Other available information which would support tire certification of consistency. The applicant or agent shall also submit a copy of this completed form along with his/her application to the federal agency. If there are any qoestions regarding tl~a submissiml of this form, contact tile Department of State at (518) 474-6000, ~'l~JO ~k)C:-L.OB~-~t'~ Fg-~'f- ~ff,~j?~oO_T-fr,3C-~ I~J(~o~ *These state and local documents are available for inspection at the offices of many federal agencies, Department of Environmental Conservation and Departmerk gl State regional offices, and tt~e appropriate regional and county planning agencies. Local program documents are also available for inspection at tim offices gl the appropriate local government. FCAF Revised 1216/93 -2- Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 OWN OF $OUTH L] (576) 734- 5800 October 24, 1997 President Board of Town Trust~os Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Appl/cation of Matt-a-Mar Matina~ Inc., as Contract Vertdoe: SCTM # 1000-139-2-5 Dear Please be advised that Proper-T Permit Services no longer acts as the agent of Matt-a-Mar Marina, Inc. in matters pending before the Trustees. Future correspondence should be directed to: Dr. Ali Agarabi Matt-a-Mar Marina, Inc. P.O. Box 1235 Mattituck, New York 11952 Please change your records accordingly. a subsidiary of THE PECONIC EASTERN CORPORATION December 5, i997 George E. Pataki Alexander E Treadwell Secreta~y of State Donald Cocks P.O. Box 1235 Mattituck, NY 1 t952 Re' F~97-838 U.S. Army Corps of Engineers/New York District Permit Application - Harold Tribble, Long Creek Town of Southold, Suffolk County Acknowledgement of Federal Consistency Assessment Form and Additional Requested Information Dear Mr. Cocks: The Department of State received your Federal Consistency Assessment Form and supporting information, has received the additional requested information on November 28, i997, and has determined that the submitted documentation is adequate to commence our review of your proposed project. We will contact you if additional information may be necessary for consistency review purposes. '- You and the Corps of Engineers will be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue a permit for this project unless the Deparnnent of State concurs with your consistency certification. Please call Walter F. Meyer at (518) 474-6000 if you have any questions. William F. Barton Chief, Consistency Review and Analysis WFB: dlb cc: COE/New York District - James W. Haggerty NYS DEC/Region 1 - John Pavacic Town of Southold - Albert J. Krupski, Jr. Division of Coastal Resources and Waterfro~zt Revitalization A~ba~,NY 22231-000I Voice: (518) 474-6000 Fa2~ (518) 473-2464 Board of Trustees Town of Southold Suffolk, N.Y. Dear Chairman and Members of the board, 2/5/98 When I retired five years ago, I purchased a piece of waterfront property in Mattituck, N.Y. At the time of the purchase I requested information about zoning, and business limitations of the property from the Building Department of the Town of Southold. I received a letter from the Building Department that the property was zoned "M2 marina"; storage, dockage, sales, repair, etc. of boats. My agent submitted a plan to the Planning Board and was told that 1.5 acres is not a sufficient size for a marina. They stated that 2 acres was necessary and suggested that I merge with the marina next to me. My at~torney~ prepared all documents, surveys, plans necessary for this merger which wa~ submitted to the Planning Board and they referred the applications to the Board of Trustees. The Board of Trustees after reviewing my plans did not approve my project but instead suggested that I down size my plans. A new application and plan was prepared which was drastically down sized. The original plan had finger slips to the main dock as well as pilings. The finger slips and pilings were all eliminated. Only 187' of dock to accommodate small boats was submitted. After submitting this new plan the Board of Trustees suggested that I now apply to the D.E.C. which I did as well as the ArmY Corp. of Engineers and Coastal Management. There now appears to be a question regarding the depth of the water for the proposed dock. The following information should demonstrate that there is sufficient water for the dock: 1. The depth of the water at the dock area is approximately 2.5 feet deep at low main water line. 2. Directly next to my property is the last dock of Matt-A-Mar Marina which has a 27' sail boat which dra~vs 3-4 feet of water, 3. Directly across the creek from my property is a floating dock for a sailboat which draws 3-4 feet of water. 4. Also across the creek and 500 feet further down where the creek becomes much shallower is another floating dock for a power boat that draws more than 3 feet of water. 5. Beyond the bridge a 1000 feet down the creek, there are more floating docks for power boats both on the north and south side of the creek. It is important to remember that my proposed dock is to be 30' further into the water than that of the last main dock of Matt-A-Mar Marina. So clearly there should be no issue as to the depth of the water. I have spent five years filling out applications, drawing plans and redoing plans. What was once a retirement dream has now turned into a nightmare of legal and professional fees. I have in good faith followed all recommendations by all the boards and still have no definite answer. I would be happy to discuss any issue that concerns the Board of Trustees regarding my project in an effort to reach a solution. Thank you for your time. Sincerely, Rev. H.W. Tribble 2655 Wickham Ave. P.O. Box 450 Mattituck, N.Y. 11952 New York State Department of Environmental Conservation Division of Fish, Wildlife & Marine Resources 206 N Belle Mead Road STE t, East Setauket, New York 1~733-3400 Telephone: ($~6) 444-0476 Fax: (5~6) 444-0434 Mr. Jim King 220 East Mill Road Mattituck, NY 11952 June 11, 1997 John P. Cahill Acting Commissioner Dear Mr. King; The purpose of this letter is to provide background information regarding improvements proposed for beach front property such as that located adjacent to the "Mat-A-Mar" marina on Wickham Averfue in Mattituck, New York. My comments are specifically related to the biology and species management of the Atlantic Horseshoe Crab (Limuluspolyphemus) in my capacity as a representative of New York State on the Atlantic States Marine Fisheries Commission (ASMFC) technical committee for the American Eel and Atlantic Horseshoe Crab. The ASMFC, at its annual meeting in October 1995, voted to initiate a fishery management plan for American Eel and Atlantic Horseshoe Crab. The Atlantic coastal states concluded that a coordinated, interstate plan could best address conservation and fishery needs for these species. ASMFC is a compact of fifteen Atlantic Coast states, created "to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries." The management plan for the American Eel and Atlantic Horseshoe Crab is scheduled for adoption in May of 1998. Upon completion and approval of an ASMFC management plan, member states are obliged to implement its requirements. In the event that a state does not completely implement an ASMFC fishery management plan, federal law (Magnuson-Stevens Fishery Conservation and Management Act, P.L. 94-265) provides that the U.S. Secretary of Commerce may impose a moratorium in that state's fishery. Further, the Magnuson-Stevens Act stipulates that "Any fishery management plan must describe and identify essential habitat for the fishery and minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to. encourage the conservation and enhancement of such habitat." Horseshoe crabs are.significant in that their ancestors date back to the Ordovician period (between 480 and 390 million years ago) and are the only one of its kind found in American waters (Barnes, 1974). Other members of the Class Merostomata are found along Asian coasts or are extinct (Eurypterida). Horseshoe crabs play an important role in the food web for migrating shombirds and juvenile Atlantic turtles. At least 20 species of migratory birds rely on horseshoe crab eggs to replenish their fat supply during their trip to Canadian breeding grounds. Hence, wildlife conservation groups such as the Sierra Club and the Audubon Society have become very concerned about the horseshoe crab resource. The blood, or lymph, of horseshoe crabs has been found to contain material useful to the biomedical community in detecting very small amounts of endotoxins in pharmaceuticals and medical equipment~.~, Endotoxins are extremely poisonous, very small amOunts of which can cause severe illness and death in humans. Horseshoe crabs are an important source of bait in the commercial pot fisheries for American Eel and Whelk (Conch). During the late 1800's to early 1900's horseshoe crabs were ground into livestock feed and fertilizer (Botton and Ropes, 1987). The use of horseshoe crabs as feed and fertilizer has since diminished, however they remain as the bait of preference for commercial eelers and whelk fishermen, who utilize the larger, egg-laden females in particular. Horseshoe crabs are most abundant along the Atlantic coast between Virginia and New Jersey with Delaware Bay at the center of the species distribution. However, every major estuary along the coast is believed to have a discrete population distinguishable by adult size, carapace color and eye pigmentation (Shuster, 1979). Spawning in horseshoe crabs occurs during late spring when migrating adults move inshore in response to lengthening daylight hours. Adults prefer sandy beach areas within bays and coves that are protected from surf. Peak spawning activity usually coincides with the new and full moon, evening spring tides. During mating and egglaying, males actively seek females moving onshore and attach to the abdominal carapace of the female. The female burrows into the sand near the waters edge, laying thousands of eggs, which the attached male fertilizes externally as the female slowly crawls towards the high tide line (Brockmann, 1990). As the tide recedes, the pair leaves the beach, returning at another high tide. After 2-5 weeks, eggs develop into larvae which remain in the moist sand for several additional weeks. The larvae molt into juvenile horseshoe crabs which reside inshore, undergoing a series of molts before attaining sexual maturity at 9-11 years of age (Shuster, 198~). Several authors (Teale, 1957; Shuster, 1982) suggest that adult horseshoe crabs may return to the beaches where they were once spawned. As is clearly mandated by the Magnuson-Stevens Act, the management plan under development for Atlantic Horseshoe Crab must identify the intertidal zone along sandy beaches as essential habitat for horseshoe crab reproduction. The plan would likely discourage the type of land development which would hamper or prohibit horseshoe crabs from accessing their nesting sites or prevent newly hatched juvenile horseshoe crabs from returning to the sea. Modification of the intertidal zone, such as dredging or beach stabilization by the .placement of "clean fill" (bricks and coarse gravel) has been considered to be a principal factor in the decline of the Japanese horseshoe crab (Tachypleus tridentatus)(Nishii, 1975), and should also be discouraged in areas shown to be active horseshoe crab nesting sites. Also worth mentioning is the impact of pollution on estuaries as a whole and on the development of juvenile horseshoe crabs specifically. Several authors (Neff and Giam, 1977; Laughlin and Neff, 1977; Strobel and Brenowitz, 1981) have found signs of sublethal stress (delayed molting and elevated oxygen consumption) in eggs and juveniles after exposure to oil or chlorinated hydrocarbons. Although horseshoe crabs have been found to be more tolerant of lower quality water than other marine organisms, it occurs to me that the synergistic effects of habitat modification or destruction, pollution and removal by man cannot be beneficial to the continued success of the horseshoe crab population along the Atlantic coast of the United States. In closing, I hope that you find the information presented useful in your deliberations. IfI can be of any other service, please do not hesitate to call. VJV/vjv cc: B. Young Sincerely, . Victor J. Vecchio Marine Resources Specialist I References Barnes, Robert D., 1974 Invertebrate Zoology. by W.B. Saunders Company ISBN 0-7216-1562-7. BoRon, Mark L. and John W. Ropes. 1987. The Horseshoe Crab, Limulus Polyphernus, Fishery and Resource in the United States. NOAA Marine Fisheries Review Vol. 49 No. 3 ppg.57-61. Brockmann, H. Jane. 1990. Mating Behavior of HorSeshoe Crabs, Limulus Polyphemus. Behaviour 114 (1-4), E.J. Brill, Leiden. Laughlin, R, B. and J. M. Neff. 1977. Interactive effects of temperature, salinity, shock and chronic exposure to No. 2 fuel oil on survival, development rate and respiration of the horseshoe crab, Limulus polyphemus. In D.A. Wolff (Editor), Fate and effects of petroleum hydrocarbons in marine organisms and ecosystems, p 182-94 Pergammon, Oxford. Neff, J. M. and C. S. Giam. 1977. Effects of Arochlor 1016 and Halowax 1099 on juvenile horseshoe crabs Limuluspolyphemus. In F.J. Vemberg, A. Calabrese, F.P. Thurberg, and W. B Vemberg . (,editors), Physiological responses of marine biota to pollutants, p. 21-35. Acad. Press, N.Y. Nishii, H. 1975. A monograph on the horseshoe crab. Publ. by Dr. Nishii, Educ. Committee, Kasaoka City, Okayama prefecture 714. Shuster, C. N. Jr. 19791 Session I: Biology ofLimulus polyphemus. In: Elias Cohen et. Al. (Editors), Biomedical Applications of the Horseshoe Crab (Limulidae). Alan Liss Inc., (NY): 1-26. Shuster, C. N. Jr. 1982. A pictorial review of the natural history and ecology of the horseshoe crab, Limulus polyphemus, with reference to other Limulidae. In: (eds) J. Bonaventura et al. Physiology and biology of horseshoe crabs: Studies on normal and environmentally stressed animals. P. 1-52. Alan R. Liss, Inc. New York. Strobel, C, J., andA. H. Brenowitz. 1981. Effects of Bunker C oil on juvenile horseshoe crabs (Limulus polyphemus). Estuaries 4:157-59. Teale, E. W., 1957. The oldest migration. -Nat. Hist. 66, p. 364-69. June 18~ 1997 Southold Town Board of Trustees, Dear Fellow Board Members, Transmitted herewith are my comments for recommending disapproval of tbs project plan for ¥~tt-A-MAR Marina, SCTM ~1000-!39-2-5 A review of the files shows that this marina has expanded far more than was ever originally intended. Further expansion is simply not justified and is contrary to future efforts to protect and improve our marine ecosystem ~n Mattituck Creek. This area of Long Creek is bordered by private residences, man~ of which have a fixed walkway, ramp and float for access to the water. The proposed project is excessive i~ size and does not conform to the neighboring us~s in this area. There is inadequate depth of water for the proposed floated docks. Soundings taken at mean low water indicate less than two feet depth of water. On extr~ue low tides this whole area goes completely bare. The New York State Depar~,ent of Enviro£m~ental Conservation requires a 4' depth of water at Mean Low Water for commercial floating docks. The proposed floats cannot be located further t~ seaward to obtain more water depth, as they would interfere with navigation in Long Creek. This particular beach area of Long Creek is unusual in that it has indicators of being a spawning area for horseshoe crabs and could quite possibly be identified as essential habitat in the management plan being developed for this species. (See DEC letter concerning this). The increase in human activities this structure will encourage would displace much of the wildlife that is now abu~dan~ in this area. Lighting and safety requirements would effectively remuv~ this a~ea to wildlife feedin~ at night. Interestingly, a very'similar project plan proposal on the south side of Matt-A-Mar was recommended for disapproval by the Board of T~ustees in 19B5. I recommend this project application be denied. James King~ New York lSta~:.e Departmen~ of Eilvironmental Conservation Building 40 ,- 8Ut~Y. Stony Brook, I~*w York 1178[L2356 Phone (E48) 444-0296 Fax # (5'16) 444A0297 Michael D. Zagata ?&Commissioner November 21, 1996 Southold Board of ;k'ustees Southold [own Hall 53095 Main Road Southold, N5.r ~ 1971 Att: James t: King Re: New dock installation in Regulated Tidal Wetland Atea.s Dear Mr. King: Our' guidelines for instalht cr ofc{~ ' ' · . .~. : .mmerc~al docks and or private docks for the i~urpose of vessel dy. eking reqtfires the A minimt,m depth of 4' (feet) below mean Iow water for the docks and docking area. ,4, mirmnum dep ~. :~f 4 (feet) below mean low water for all fah'wa?,s to doc;ks. Fair;my sho'ald oe 3..5 t/me~ the length of ~vesselS~to be d~eked. Open pile docks should be no greater than 4' (feet) in width over vegetated tidal wetlands and be a minimum'of 3.5~: (feet)high, o~er vegetated tidal wetlands. LAC:kw Sincerely, Louis A. Chiarella- Regional Manager Marine Habitat protection June 12, 1997 Mr. James Fitzqeraid Proper-T Services P.O. Box 617 Cutchogue NY 11935 Re: HAROLD W. TRIBBLE SCTM ~139-2-5 Dear Mr. Fitzgerald, The Southold Town Board of Trustees wishes Go acquire from you the number of docks and total square footage of each dock at Matt-A-Mar Marina. Thank you for your time and consideration in this matter. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 ~1~734-5800 May 12, 1997 President Board of Town Trustees Town of Southold Town Hall, 53095 l~a/n Road Southold, New York 11971 Re: Matt-a-Mar. Inc. as Contract Vendee; SCTM #!000-139-2-5 Dear Sir: At the November 22, 1996 meeting of the Trustees, when this project was last considered by the Board, the Board agreed to table further consideration pending our sulnrdssion of a new and bet+mr plan. The enclosed Prqiect Plan, dated May 9, 1997, represents our proposal. The concept has been changed to a single main float intended for the "parallel docking" of ap- proximately me small boats. The finger docks and moorkng piles of the former proposal are eliminated, thus permitting the main float to be fi~ther from the shore gdthout encroaching on the channel (such as it is). If you have any questions or need anything else, please call me. a subsidiary of >n 7 PEOO~,C EASTER~ CORPORA.O~ ) PROJECT PLAN Application for Matt-a-Mar Marina, Inc., SCTM #1000-139-2-5 Represented b PROPER-T ~PERMIT ~,RVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 May 9, 1997 - [ · From: James ;:. Fitz,geraicl, Jr. To: Jill Doheriy Date: 5/12/97 Time: 1~9:53:56 Page I Gl I Proper-T Services post omce Box 617, Cutcho0ue, NY FAX Transmission TO: Jill Doherty - Trustee Office FROM: James E. Fitzgerald, Jr. PAGES: One TIME: 9:53 AM DATE: 05/12/97 Revised May 9, 1997 MATT-A-MAR (as contract vendee) PROJECT DESCRIPTION: Construct fixed open walkway 4' x 52', hinged ramp 4'X16' providing access, via floating walkway x 15'~. to main floafmg dock 5' x 200'. Install nine 12"d. x 35' piles to secure main floating dock. To respond by FAX, voice-call first: 516-734-5800 PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: re; DATE: Albert J. Krupski, Jr. President Town Trustees Robert G. Kassner, Site Plan Reviewer ~ Matt-A-Mart, Inc. Wickham Ave. Southold SCTM# 1000-114-3-1 1000-139-2-5 November 19, 1996 The Planning Board is currently reviewing a site plan for the above referenced project. Following is the current status: · Health Department review not received DEC permit not received Merger deed of all three lots not received Drainage review not completed Trustee permit not received Certification by Building Department not completed Fire Commissioner letter not completed Outdoor lighting plan not received As you can see there are many elements of the site plan that have not been completed or permits received. The last contact in writing with the applicant was on December 15, 1995. If you require additional information, or have questions, please contact this office. Telephone (516) 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the Southold Town Conservation Advisory Council meeting held Wednesday,' November 13, 199.6 the following recommendation was made: No. 1398 Moved by Bruce Loucka, seconded by Robert Keith, it was RESOLVED to TABLE the Wetland Application of MATT-A-MAR, INC. (contract vendee) 139-2~5 to construct a [[' x 60' walkway, a [[' x 16' hinged ramp and a 5~ x 200' float with two finger floating docks each ~' x 30' at ends of and perpendicular to main dock, install eight 12" x 35' mooring piles and approximately ten 12" x 25' piles to secure main dock as per survey. 2655 Wickham Avenue, Mattituck The CAC tabled the application due to inadequate information. Vote of Council: Ayes: All Motion carried. Proper~T Permit Services POST (~FFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516) 734 - 5800 May 14, 1996 Presidmit Board of Town Trustees Town of Soufhold To~ Hal!, 53095 Main Road Southold, New York 11971 Re: Matt-a-Mar, Inc. as Contract Vendee; SCTM #1000-139-2-5 Dear Sir: As you requested, hcrc arc a Section View and a rcx4scd survey for this project. If you need a~vthing e/sc, or have any questions, please call. Enclosures: Section View-, 11/i3/96 Storey (Peeonic Surv~ors, 9/25/96) a subsidiary of THE PECONIC EASTERN CORPORATION PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LAT~-IAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~3136 Telephone (516) 765-1938 TO: FROM: re: DATE: Albert Jo Krupski, Jr. President Town Trustees Robert G. Kassner, Site Plan Reviewer ~ Matt-A-Mart, Inc. Wickham Ave. Southold SCTM# 1000-114-3-1 1000-139-2-5 November 19, 1996 The Planning Board is currently reviewing a site plan for the above referenced project. FollOwing is the current status: . Health Department review not received DEC permit not received Merger deed of all three lots not received Drainage review not completed Trustee permit not received Certification by Building Department not completed Fire Commissioner letter not completed Outdoor lighting plan not received As you can see~ there are many elements of the site plan that have not been completed or permits received. The last contact in writin~ with the applicant was on December 15, 1995. If you require additional information, or have questions, please contact this office. TOW~ OF SOUTH...,LD; Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 May 14, 1996 1 734-5800 President Board of Town Trustees Term of Southold Town Hall, 53095 Ma{n Road Southold, New 'fork 11971 Re: Matt-a-lvlar, Inc. as Contract Vendee; SCTM #1000-139-2-5 Dear Sir: This is ~ response to your letter of April 30, 1996 w_hich requested additional ~%rmation re- garding th& applicafion. The attached, from Matt-a-Mar, prmddes the kfformafion you requested. ,~ If you need anything else, or have any questions, please call. a subsidiary of THE PECONIC EASTERN CORPORATION Albert J. Krupski, President John Holzapfel, Vice President Jim King 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 April 30, 1996 James Fitzgerald Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: Matt-a-Mar, Inc. as contract Vendee SCTM %139-2-5 Dear Mr. Fitzgerald: Thank you for your timely response on the Matt-a-Marr Marina. The reason that the shellfish survey has been requested is because the shellfish resource in Mattituck Inlet is a TOWN OWNED resource and it shouldn't be damaged. The shellfish in the closed area of the creek acts as an important "breeder stock" which helps maintain the shellfish population in the entire estuary. As water quality improvements are made, additional shellfish are~ will open, maintaining the importance, of these "set aside" areas. We would also like a set of soundings in the affected are. These can be done by you, just give us the time, tide and wind conditions when taken. Thank you. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK: jmd Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Revised October 30, 1996 734- 5800 MATT-A-_,'vL4R (as contract vendee) PROJECT DESCRIPTION: Construct hinged ramp 45;16' providing access, via floating wall~ay 4'x60' overall, to maia floating dock 5'x200', with two finger floating docks each 4'x30' at ends of, and perpendicular to, main dock. Install eight 12"d.x35' mooring piles and approximately ten 12"d.x35' p/les to secure main dock and finger docks, all as shown in Peconic Surveyors map 91-100, rex~ed 9/25/96. a subsidiary of THE PECONIC EASTERN CORPORATION Prope -T Permit Services POST'OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 April !2, !996 1 734-5800 Re: At!plicat/on of Matt-a-Mar l~fina. Inc. as Contract Vendee: SCTM #1000-139-2-5 Dear Sk: This is in response to your tettm' of March 22, 1996, in wkdch you asked for certain additional h~£ornmt/on. * No shellfish survey has been completed, nor is one available. It apparently is generally understood that the creek is closed to shellfishing and has been for some time. In support of this, the attached article from the Suffolk Times of 3/17/88 is submitted. It would seem that tiffs s/mat/on, flit still exists, would wmke a sheltfish survey ofl~ttle value. * The attached notation ~om Matt-a~Mar prm,Sdes general information about the w4dth and depth of the creek at ~ m~dpoint, if more spec'~fic or deta~ed informat/on is required, we wffi be glad to obtaLn it for you. * It is not antic/pared at fl~s t/me that ~ere w/ll be any upland changes within 75 feet of the wetlands boundary, if such changes are ever contemplated in the future, they will certainly not be begum vdthout the proper pm'ts from all agencies invoNed. * The attached letter from Matt-a-Mar states that Matt-a-Mar w/Il prey/de access to its existing pump-out facfl/ties for boats docked at what is now the Tribble property-. * The Board ~s correct in that the proposed facility is intended to accommodate t 8 boats. Among all the documents subm/tted to date, the only reference m "nine" boats is on the s~te pl~n submi~ed to the Phnning Board, and that figure was arrh~ed at by the surveyor in counting the numb~ of spaces between the proposed t~ies. It should have been caug~ht~ of course~ and now that it has, appropriate corrections w/Il be made. The last time I spoke to _Ms. Doherty, the matter of the transfer of the application to Matt-a- Mar, as contract vendee, had apparently not been resolved. I hope that it has been by now~ and ff ~t has not, please let me know what I can do to expedite the process. a subsidiary of THE PECONIC EASTERN CORPORATION Matt-A-Mar.,. F'Q Box 1235- Mattituck N.Y. 11955 516 298-4739 516 ~, \ 5"i6 2 March 28, 1996 Proper T Services James E. Fitzgerald P.O. 617 Cutchogue, N.Y. 11935 Re: Board of Trustees Letter dated 3/22/96 Tribble property SCTM # 139-2-5 Dear Mr. Fitzgerald~ As per Trustees question concern±ng pump out facility, Matt-A-Mar Marina will provide free pump out to any boats at its marina, this includes the property now owned by Harold Tribble. Sincerely, Donald P, Cocks Manager of Matt-A-Mar Albert J. Kmpski, President John Holzapfel, Vice Presidem ..... Jim King 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 (5i6) 765-1892 Fax (516) 765-1823 March 22, 1996 Proper-T Services James E. Fitzgerald P.O. Box 617 Cutchogue NY 11935 Re: HAROLD TRIBBLE SCTM ~139-2-5 Dear Mr. Fitzgerald, In response to your letter of March 12, 1996, please submit the following information: - shellfish survey - soundings in the affected waters - upland changes within 75' - facility shows no pump-out - the Board counts this facility to handle 18 boats not nine Please respond to this Board so that we will be ahte to process the application. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516) 734 - 5800 March 12, 1996 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Amendment to Application for Harold Tribbie; SCTM #1000-139-2-q, Dear Sir: On December 3, 1994 an application was submitted for a permit to construct docking facilities on thc property owned by Harold Tribbl¢, designated above. The Trustees defcn~d to the Plarming Board to be lead agency in thc SEQRA review. It it the intention of Matt-a-Mar Marina, Inc. to purchase the Tribble properl3, flit appears likely that permits can be obtained from all interested agencies which will allow the construc- tion of the docking facilities described in the original application to the Trustees. Conversations with the Planning Board concemii~ zoning regulations led to a decision to consider the project as submitted by Matt-a-Mar Marina, Inc, as contract vendee of the property. If the necessary approvals are obtained, the contract vendee intends to purchase the property and merge the two properties. I request that the 12/3/94 application and thc associated fcc ($150) which was paid with thc application bc considered a new application subrrdtted on tl-gs date, and asked that the fee pre- viously pals bc applied to thc new application. The Planning Board, as lead agency, made, a determination of non-significance and granted a Negative Declaration. Copies of the documents relating to the Planning Board actions are attached. If there is anything clsc you need for favorable consideration of this request, please let mc lmow. cc: Matt-a-Mar Marina, Inc. a subsidiary of THE PECONIC EASTERN CORPORATION Albert J. Krupski. President John Holzapfel. Vice President ,Tim King Martin H. Garrell Peter Wencze! BOARD OF TOWN TRUSTEES TOWN OF SOUTHOI,D Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 TO: FROM: RE: DATE: Southo!d Planning Board Southoid Trustees Matt-A-Mar Marina proposed site plan SCTM 114-3-1 & 139-2-5 February 8, 1996 The Southold Town Board of Trustees has serious concerns about Marina expansion/creation in the end of Mattituck Creek. The marina proposal to expand over Town owned patent land, will increase boat use, and possible water quality degradation. Our Board currently has no application for this project, but needs one to consider all the possible impacts. PLANNING BOARD MEMBE~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHANI, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box t179 Southotd, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN' OF SOUTHOLD State Environmental Quality Rey[ew NEGATIVE DECLARATION Notice of Determination Non-Significant JanuarY29,1996 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be preoared. Name of Action: Proposed site plan for Matt-A-Mar Marina SCTM#: 1000-114-3-1 and 139-2-5 Location: Wickham Ave., Mattituck SEQR Status: Type I ( X ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This site plan is to construct a 4 x 40 foot fixed walkway, 4 x 20 foot ramp and a 5 x 190 foot floating dock for nine boats. Page 2 SEQR Negative Declaration - Matt-A-Mar Madna January 29, 1996 Reasons Supporting This Dete~hinafion: This project involves the construcion of a walkway, ramp and floating dock for the mooring of nine boats~ The site and area are zoned Marine II by the Town of Southold, thus the proposed action is consistent with zoning. The applicant will have to obtain permits from the Town of Southold Trustees and the Department of Environmental Conservation, thus com- plying with Town and State environmental requirements. There has not been any correspondence received from the Department of Health Services Office in the allotted time. Therefore it is assumed that there are no comments or objections from that agency. An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person' Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Michael D. Zagata, DEC Albany Roger Evans, DEC Stony Brook Suffolk. County Dept. of Health Suffolk County Water Authority U.S. Army Corp of Engineers Judith Terry, Town Clerk Southold Town Boara of Trustees Southold Town Building Dept. Applicant PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: ."~ 1. Your jurisdiction in the action described below; ,.: ~,~ 2. Your interest in assuming the responsibilities of lead agen d 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist 'ou in your response. Project Name: Requested Action: SEQRA Classification: '(X) Type I ( ) Unlisted Contact Person: (516) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (,~ This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action, ( ) Other (see comments below) Please feel,lYre to contact this office for further information. ly,/I/' ' /~/~..- . 't_.Ridha?d'G. Ward Chairman cc: ~9~-s¢4~I~ ~ Board of Trustees --~ Building Department Southold Town Board Suffolk County Department of Health Services ¢ NYSDEC - Stony Brook NYSDEC - Albany ~,'ffolkC-ounty D~f Public Work_s. ..... U.S. Army Corp of Engineers qkLevc¥ork Stato Dopartment of Trar~spnrtnt~¥ *Maps are enclosed for your review rev. 4/94 14-16-2 1:]1871- 7c 617.21 Appendix A Sidle Envlronmenl~l Quality R~vlow FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Propose: The lull EAF is designed to held applicants and agencies determine, 'n an orderly manner, wbetber a DroiecI or action may be siDnificant. 'Jbe question ot whether an action may be significant is not always easy to answer. Freauenl- Iv, Ihme a~e aspects o[ a p~ojecl thai ~re subjective or unmeasureable. It i~ also understood thai tbos~ who determine significance may have liltJe o~ no torma ~nowJedBe of the envi~onmenl or may be technically expert in environmenla analysis In addition, many who have knowledge in one padicuJar area may no~ be aware of the broader c~cerns aflectin8 II~e que~lion of si8niflcance. The ~ull [iF is inlended Io provide ~ melhod whmebv a~plicanls and aaencms can be assured lh~l Ihe delermin~tion p~oces~ ha5 been orderly, comprehensive in nalu[e, vel flexible to allow introdudion of inlormaUon to lit a ptoiect m adion tull faf Com,onenls: ]he full ~Ar is comprised of tl~ree parts: Pall 1'. Provides obiecUve data and in[om]ation aboul a 8iven project and its site. By identilyin8 basic oroiecl data ~ assists a reviewer in the analysis [hat takes place in Parts 2 and 3. I'~H 2: focuses onidenliJyin8 tl~e range of possible impacts Ihat m~y occur [rom a proieclor action Il movides guidance as to whelber an impact is likely to be considered small [o moderate or whether it is a DoJenlialiy- larBe imoacL ~he form also identifies whelher an impact can be mitiEated or reduced. Parl 3: I[ any impact in Pad 2 is idenlifled as potentially-large' tben Part 3 is used to evaluate whelhm or ool the impacl is actually imDodant DE'IERMIN^TION Of SIGNIFIC^NC[--I'¥pe I and U.listed Acfion$ Identify li~e Porlions of CAF comDlelecl for IhJ~ Dtojed: ~ Part I ~ Part 2 ~Part 3 Upon review of the information tecmded on this EAF (Parts t and 2 and 3 if appropriate), and any other sgopor[in8 inlormation, and considerinB both the maalJude and impodance of each impact, it ~s reasonably determined by lead agency tba[: ~ A The proiecl wil nol resull M any large and important impact(s) and. d~ereJore, is one which will have a ~iBnificanl impact on {he environmenL ~herefore a ,eaalJve ~ecJaralion will ~e B. Although the proiect could bare a significant efled on [l~e environment, tbme will not be a e[Ject for Ibis Unlisted Action because Jbe mitigation measures described in PART 3 ~ave be~n required, Ibe~elore a CONDITION[D headline aecla~alJon will be prepared.* ]he protect may result in one or more la,Be and important impacts {~al may bare a siEniJJcant impacl on the environment, t~erelore a posifive declaration will be prepare~. [] C. ~ A Condilioned Negative Declaration is only valid for Unlisted Actions Matt-a-Mar Marina Expansion Name of Action Name of Lead Agency Prinl or Type Name of Responsible Officer in Lead Agency Signature of Responsible Olficer in Lead Agency.. Title of Responsible Olficer SiEnature of Preparer fir different from responsible Dale PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TO'tN OF SOUTHOLD December 12, 1995 James E. Fitzgerald, Jr. Proper-T-Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: Proposed site plan for Mat-A-Mar Marina SCTM# 1000-139-2-5 and 114-3-1 Dear Mr. Fitzgerald: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 11, 1995: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the lead agency coordination process on this Type I action. Please contact this office if you have any questions regarding the above. Sincereiy;,~ / Richard ~ Ward '~ Chairman PLANNING BOARD MEMBERS .~ ~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 30, 1996 James E. Fitzgerald, Jr. Proper-T-Permit Services P.O. Box 617 Cutchogue, NY 11935-0617 Re: Proposed site plan for Matt-A-Mar Marina, Inc. SCTM# 1000-114-3-1 and 139-2-5 Dear Mr. Fitzgerald: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 29, 1996: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Chairman RECEIV£o J.E. Fii.zG£t~.,iL,0 PLANNING BOARD MEMBERS ,~ , i~ICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS I~NNETH L, EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant January 29, 1996 This notice is issued pursuant to Pad 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Matt-A-Mar Marina SCTM#: 1000-114-3-1 and 139-2-5 Location: Wickham Ave., Mattituck SEQR Status: Type I ( X ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This site plan is to construct a 4 x 40 foot fixed walkway, 4 x 20 foot ramp and a 5 x 190 foot floating dock for nine boats. Page 2 SEQR Negative Declaration - Matt-A-Mar Madna January 29, 1996 Reasons Supporting This Determination: This project involves the construcion of a walkway, ramp and floating dock for the mooring of nine boats. The site and area are zoned Marine II by the Town of Southold, thus the proposed action is consistent with zoning. The applicant will have to obtain permits from the Town of Southold Trustees and the Department of Environmental Conservation, thus com- plying with Town and State environmental requirements. There has not been any correspondence received from the Department of Health Services Office in the allotted time. Therefore it is assumed that thero are no comments or objections from that agency. An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Michael D. Zagata, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Water Authority U.S. Army Corp of Engineers Judith Terry, Town Clerk Southold Town Board of Trustees Southold Town Building Dept. Applicant Meeting of 1/23/95 Approximately 50 c.y. of screened, clean sand to be trucked in and used as backfill. The CAC recommends disapproval of the submitted plan and has an alternate plan. The Council would like a "soft solution" to allow the natural process to develope. Applicant should regrade and plant with spartina alteriflora and beach grass. The CAC suggests the Trustees waive the fee for the alternate soft solution. 580 Goose Creek Lane, Southold Vote of Council: Ayes: Stephen Angell, Jack Hagerty, Allan Connell, Betty Wells Nays: Patricia Isaksen, Robert Keith Motion carried. · No. 1218 Moved by Stephen Angell, seconded by Robert Keith, it was RESOLVED to TABLE the Wetland Application of HAROLD TRIBBLE 139-2-5 to construct a fixed walkway 4' x L~0' and hinged ramp [t' x 20' providing access to main floating dock 5' x 190', with two finger floating docks at ends of, and perpendicular to, main dock. install seven 12" x 35' mooring piles and eight 12' x 35' piles to secure main dock and finger docks, all as shown in Peconlc Surveyors map 91-100, revised to show "prop dock" on 12/2/9tt. The CAC has tabled the application because it is incomplete. Applicant needs to address the following CAC concerns: 1. Depth and will dredging be needed currently or in the future. 2. Development of remainder of property. 3. Site plan is inadequate, how will people have access to boat. [~. Parking 5. Future disturbance of marsh area. 2655 Wickham Avenue, Mattituck Vote of Council: Ayes: All Motion carried. No. 1219 Moved by Allan Connell, seconded by Robert Keith, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH PROVISIONS of the Wetland Application of PARADISE POINT ASSOCIATION, INC. 81-1-p/0 16.1 to maintenance dredge to original depth of ~' approximately 250 c.y. at entrance to basin and approximately 230 c.y. at 2 locations in the basin. To replace the approximately 250 c.y. washed out of the inside of the entrance jetty from the material removed from the entrance channel (now totally closed). It is proposed to place the approximately c.y. from area ~2 as beach replacement just east of the bulkheaded entrance. 'Option would be to remove and dispose of material at an upland source. The CAC recommends approval with the provision that the applicant plant the spoil/fill area with beach grass. Boat basin with entrance from Southold Town Harbor; land access - Robinson Road and Basin Road to end. Vote of Council: Ayes: All Motion carried. No. 1220 New York State Department of EnVironmental ConservatiOn Re: LEAD AGENCY COORDINATION RESPONSE This letter responds to your communication of , regarding lead agency coordination for the above-noted project, under Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The Department has the following interest in this project: --~(~q. { ~.J ~ ~ ~W'{~- DEC Permits (if any): ~/,~OJfi~z~ rP: ~ = ~ DEC Contact Person: ~ ~C~/CZZo SEQR Classification: DEC Position: [" ] Type I /Unlisted Based on the information provided: X/DEC has no objection to your agency assuming lead agency status for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] DEC needs additional information in order to respond (see comments). [ ] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: [ ] see attached none If you do not concur with the DEC position indicated above, please contact this office to resolve designation of lead agency within the time ~owable unGe~ Part 617. Please feel free to contact this office for further information or discussion. erely, ~ cc: (attach distribution list) GAlL S. SHAFFER SECRETARY OF STATE State Of NEW YOrK DEPARtmENt OF State AlbaNY, NY Mr. Albert J. Krupski, Jr., Trustee Board of Town Trustees Town Hall P.O. Box 1179 Southold, New York 11971 December 27, 1994 Re: Lead Agency Coordination Request for Proposal by Harold W. Tribble, 2655 Wickham Avenue, Mattituck. Dear Mr. Krupski: With regards to the above mentioned Lead Agency Coordination Request, please note that the New York State Coastal Management Program does not object to Southold Town Trustees assuming Lead Agency. However, the Department of State has yet to receive a Federal Consistency Assessment Form (FCAF) and supporting information for the proposed recreational configuration. Please instruct the applicant to submit a completed FCAF and supporting information to the U.S. Army Corps of Engineers/New York with a copy of the FCAF and supporting information to Ms. Diana Boos at the Department of State. Upon receipt, we will determined if the submitted information is adequate to begin review of the proposed project for consistency with New York State's Coastal Management Program. If you have an.y.y~uestions, do not hesitate to call me at (518) 474-6000. Sincerely/~ Walt~ F. Meyer Coastal Resources Specialist c. U.S. ACOE,/NY - Sophie Ettinger file ~"~ printed on recyc ed paper Albert J. Krupski, President John Hohapfel, Vice President William G. Albertson Martin H. Garrell Peter WenczeI BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53Q95.M~n R0a~. P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 December ~, 1994' Bruce Loucka, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Mr. Loucka: Transmitted herewith are the following applications for a Wetland Permit: HAROLD TRIBBLE SCTM ~139-2-5 Please prepare a written report of findings and 'recommendations with respect to this application. Albert J. Krupski, Jr. President, Board of Trustees AJK:djh Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 December 19:i994 President Board of Town Trustees Town of Southold Town Hall, 53095 Mai~ Road Southold~ New York 1197! Re: Ap~l/cation for Pcrrrdt on Be,half o£Harold W. Tfibble. SCTM #1000-139-2-5 Dear S/r: Enclosed is a copy of the Long En~/ronm~Xal Assessment Form which your office recently requested. ffyou need an?Lhing else, please call mc. a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 August 12, 1993 (516) 734 - 5800 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Harold W. Tribble, SCTM Noo 1000-139-2-5 Dear Sir: For your files, enclosed are a letter authorizzng Proper-T Permit Services to act as Mr. Tribble~s agent, and a notarized statement to the Trustees authorizing their entry upon his property and agreeing to abide by conditions of a permit, if applied for and issued. ~ruly~~ ~ a subsidiary of THE PECONIC EASTERN CORPORATION Albert J. Krupsld, President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 S°uthold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 LEAD AGENCY COORDINATION REQUEST TO: WHOM IT MAY CONCERN DATE: 12~0J94 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: HAROLD W. TRIBBLE LOCATION: 2655 Wickham Ave., Mattituck TAX MAP: 139-2-5 DESCRPTN: (See attached) PERMIT REQUIRED: ( ) TOWN WETLAND ( SEQRA CLASSIFICATION: (~ Type I ( ) UNLISTED PERMIT $ Pending OTHER ) Type Z'r ] CEA Please contact ,,Albert J. i%rupski, Jr., Trustee f~, , ~thin~0' days and be advised that the SOuthoid TOwn TrusteeS7 (WANT~/eDO---- ~l~o assume lead agency. Please complete,,detach and return this form to expedite processing. Involved Agency: Project Name: Location: 'SCTM: We at AGENCY Trustees assuming Lead Agency. Comments/Reasons: (HaVe/No) objection to Southold Town Signature of Authorized Representative' PHOTO A: Looking NE from neighboring marina (9/23/92; 1600 hrs) PHOTO B: Looking NE across proposed pro- iect site 9/23/92; 1600 hrs) PROJECT SITE PHOTOS Application regarding the property of Harold W. Tribble, SCTM #1000-139-2-5 . Represented by PROPER-T ?ERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 December 3, 1994 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516) 734-580U December 3, 1994 President Board of Town Trustees To~m of Southold To~xa Hall, 53095 ~ Road Southold, New York 11971 TOWN OF Re: Application for permit on Behalf of Harold W. Tribble, SCTM #1000-139-2-5 Dear Sk: Attached are documents which have been prepared in support of the application for a permit to construct a cmmnercial marina on the property of Harold W. Tribble in Mattimck. Proper-T Permit Services represents Mr. Tribble in this matter. A letter of authorization and a notarized Statement to the Trustees were provided with my letter of Augnst 12, 1993, which was a follow-up to my letter of August 6, 1993 which requested a pre-application inspection of the site. If there are any questions, or if additional information is needed, please call me. Enclosures: Application Form Application Fee ($150) Short Environmental Assessment Form Vicinity Map Tax Map Survey of Property Project Site Photos a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 734- 580U August 6, President Board of Town Trustees Town of Southold Town Halls 53095 Main Road Southold, New York 11971 Re: Request for Pre-Application Inspection Harold W. Tribble, SCTM No. 1000-139-2-5 Dear Sir: The owner of the property described above is interested in investigating the feasibility of installing a commercial marina on the property. A preliminary sketch of a possible facility is enclosed. i would appreciate it if the Trustees would inspect the site and provide their comments as to whether or not such a project would be approvable. A check in the amount of $40 is enclosed to cover the inspec- tion fee. If you need any additional information~ please call. ~ tru~ ?___. a subsidiary of THE PECONIC EASTERN CORPORATION 2655 Wickham Avenue Mattituck, New York 11952 August 6, 1993 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southo!d, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a permit application for the construction of a commercial marina on my property located at 2655 Wickham Avenue, Mattituck, and designated by Suffolk County Tax Map No. I000-139-2-5, and to furnish, upon request, supplemental information in support of the application. Yours truly, Harold W. Tribb!e George E. Pataki Alexander F. Treadwell SecretaO, of State January 26, 1998 FEB - 3 1 38 Mr. Donald Cocks P.O. Box 1235 Mattituck, N.Y. 11952 Re: F-97-838 U.S. Army Corps of Engineers/New York District Permit Application #97-12430-L2 Harold Tribble Town of Southold, Long Creek Request for Additional Information Dear Mr. Cocks: Thank you for your response to our request for information dated December 30, t997. However, we continue m be concerned with various portions of your client's proposed float and request additional information. We have been Lnformed by the NYS Department of Environmental Conservation (NYSDEC) is concerned with your client's proposed float because it may adversely affect resources of Long Creek. They cite shallow water conditions in the creek and the potential for erosion of the substrate due to float contact with the substrate during low tide. Furthermore, NYSDEC suggests that use of the may adversely affect the upland of the project site which is an important spawning ground for Atlantic Horseshoe Crab. With respect to this information, your client's prQect may be inconsistent with various policies of the Coastal Management Program including Policy #44 which requires that an action must preserve a_nd protect tidal and freshwater wetlands which provide habitat for fish and wildlife. Therefore, we request that you contact Mr. Lou Chierella at NYSDEC (5t6) 444-0365 to discuss these outstanding issues regarding your client's proposed floating dock. If you have additional information in support of your client's consistency certification, we request that you submk that information to our Department as soon as possible. At this time, you may consider withdrawing your client's consistency certification. If so, please submit of a brief letter to our Depatt~'nent requesting that the certification be withdrawn. At such time as all issues are resolved and the project has been modified, our expedited review of your client's revised consistency certification wilt begin upon our receipt of a new Federal Consistency Assessment Form (FCAF) and supporting information. NS D EP.4R77~ENT OF STATE Division of Coastal Resources and Waterfront Revqtalization Alban2,; NT 12231-0001 Voice: (518) 474-60~'v3 Fax: (518) 473-2464 Page 2 Please orovide the information requested to our Department within thirty days from the date of this letter. Pursuant to 15 CFR 930.64 (d), if the necessary data and information is not provided, the Department of State may object ro your consistency certification on the grounds of insufficient information. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. If you have any questions regarding this matter, please do not hesitate to call me at (518) 473-2466. Walter F. Meyer Coastal Resources Specialist c: COE/NY - Marc Helman NYSDEC Region I - Lou Chiarella Southold Town Trustees - Albert J. Krupski. Jr. file Albert J~ Krupsld, President Joh.n Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel To,dh Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD office Use Only Coastal Erosion Permit Application ~-'Wetland Permit Application Grandfather Permit Application Trustee Lands Permit Application Waiver ~ec--~ved ApplicatioD: ~lerical Review: '=/~/~ ' 7Completed Application''~/ ~ Incomplete · SEQRA~assification: ~p~ I~T!rpe II Unlisted, ~Coordination:(da--~eDt)~/~/~7~f .-~AC Referral Sent: /~/~/eg' ' 7~Date of Inspection: Receipt of CAC Report:(~ate) · I.ead Agency Determination: Technical Review:(date) .Public Hearing:(date) Decision: Approved (Y/N) (date) /application Fee:$/$-O~9~ OF $OUTHOLD Name of Applicant Harold W. Tribble 2655 Wickhs~m Avenue~ Mattituck, NY ~1952 Address Phone Number:(516) 298-1134 Suffolk County Tax Map Number: 1000 - Property Location: 2655 Wickham Avenue: (provide LILCO Pole ~, distance to cross streets, and location) Agent: James E. ~itzgera!d~ Jr~ / ~roper-T ~ermit Serviees (If applicable) Address: ~0 Box 617~ Cutchogue~ NY 11935 Phone: ~34~424 .~PPLICATION OF HAROLD W. TRIBBLE Statement of the effect, if any, on the wetlands and tidal waters of the Town that m~~ re- sult by reason of such proposed operations: The floating docks wSll create shading of the bottom, but the ov~ralt effect ~21 be much less than if tho same number o£ boats were docked at individual private moorings. It is not expected tla2~t the installation will create any addilional nutrient or sediment loading_, nor will it reduce tho dissohted oxygen levels of the surrounding waters. It is planned that a~angements will be made to utilize the pump-out and fueling facilities of the neighborhag large commercial markm, and thereI%re the h~stallafion should not result in any ad- ditional petroleum product contamination~ other than that associated with the more presence and operation of power boats, nor should there be any additional coliform bacteria contaroJna- t/on. Further, the boats to be docked at the proposed installation will be relatively small and few-, ff an~,~; will ha~ built-in heads. Them ~Sll be some addi't{onal turbidi~ and suspended sediment in the water £rt the mediate area, but only during limes of peak activity. The installation should b_ave no effect upon circulation or flushing in the creek. Boaru of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Construct c0~mercial marina. Estimated Area of wetlands on lot: J'~O00 square feet Percent coverage of lot: approx t8 % Closest distance between nearest existing structure and upland edge of wetlands:apPr°x 15 feet Closest distance between nearest proposed structure and upland . edge of wetlands: E/A* feet.~r~oposed project is seawara of the u~land edge of the wet!ands~ Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? How'much material will be filled? ~/A Depth of which material witl be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: N/A cubic yards cubic yards Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason os such proposed operations (use attachments if appropriate): See attached sheet° Boar~ of Trustees Application GENERAL DATA Land Area (in square feet): 62,800 sq ft (the entire property) Area Zoning: M~Ii Previous use of property: Intended use of property: Residential Co~.ercial 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? Not to knowledge X No__ Yes If yes, provide explanation: Project Description (use attachment~ if necessary): Construct fixed walkway 4~x40~ and hinged ramp 4~x20~ providing access to main floating dock 5~x190~ with two finger floating docks at ends of~ and perpendicular to, main dock~ Install seven 12~x35~ mooring piles and eight I2~x35~. piles to secure main dock and finger docks~ all as showm in ~econic Surveyors map 91-100, revised to show ~'prop dock~' on 12/2/94. 14.15-4 [2/87)--Text 12 PROJECT LD.'NUMBER 617.21 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) 1. APPLICANT/SPONSOR I 2. PROJECT NAME James=.~ ?itzgeratd, Jr~ I ~ribbie marina SEQR 3. PROJECT LOCATION: , Municipality }./~at ~. ,.~u~.,k county Suffolk 4. PRECISE LOCATION (Street address and road Intersections. prominent landmarks, etc., or provide mapl o55 Wickh~m=ven~. ~ ~e, Mat%ituck (see attached maps) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration DESCRIBE PROJECT BRIEFLY: Construct fixed walkway 4~x40' and hinged ramp 4~x20~ providing access to main floating dock 5~x190~ '~r'~.~h two ~ ~ ~ ~ f~noe~ docks each ~x30~ at endso=~ ~d perpendicular to~ main dock. ~±nstal! seven I2~×35~ 7. AMOUNT OF LAND AFFECTED: Initially t60 sq f~acres Ultimately same acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly g. WHAT IS PRESENT LAND USE IN VICINI~ OF PROJECT? ~ Residential [] Industrial [] Commercial [] Agriculture [] Par~Fores~Open space [] Other Describe:A medium-sized.private residence is on one side of the proposed project site~ a large commerica! marina is on the opposite side. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING~ NOW OR U~IMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAl? [] Yes [] No If yes, list agency(s) and permit/approvals Required approvals may include: I~'YSDEC~ NYSDOS~ T~ of uo~ Corps ~r~gi~eers~ Southold ZBA, Southoid ~ ' Board~ No approvals to date. 11. 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 MODIFICATION? [] Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE James = ' ~ - ~ ~ ~ mes~ ~mtz~la~ ~r. / =roper-T ~ermit Services --TO ~/Haro t~. ~ibb~ e 'Apphcant/sp~sor n~e: ~/~ ~ ~- -- Date' ' ~ ~ ' ~ 7- ,/ / ~ ~ ~ / ~ · // I /'/'/ ' Coastal Assessment Form before Proceeding with this assessment OVER 1 14~16-~ (2187)--7c ~ 617.21 ~ Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader co~cems affecting the question of significance. The full FAF is intended to provide a method whereby applicants and agencies can be assured that.the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis 'that takes place in Parts 2 and 3. Part 2: Focuses on idbntifying the range of possible impacts that may occur from a project or-action, it provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 ~Part 3 Upon review of .the information recorded on this EAF [Parts I and 2 and 3 if appropriate); and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which wilt not have a ~ignificAnt impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have i~en required. therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant in.pact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions TRIBBLE MARINA Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency. Title of Responsible Officer ' Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT iNFORMATION Prepared by Proiect Sponsor N('~TIC[~: This document is desigr~d to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. it is expected that completiOn of the full gAF will be dependent on information currently available and will not involve new studies, reseat, ch or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ^CT~ON ' Tribble m~rina LOCATION OF ACTION (~clude Street Address, Municipality and Count~ 2655 Wickham Avenue, Mattituck, NY 11952 NAMEOPAPPLICANT~PONSOR [SUSINESSTELEPHONE James E. Fitzgerald, Jr. /Proper. T 'Permit Services (516) 734-5800 ADDRESS ' PO Box 617 I STATE I ZIPOODE CiTY/PO Cutchogue I NY 11935 qAME OF O~NER (if dif~rent) t BUSINESS TELEPHONE Harold W..Tribble (516) 298-1134 ADDRESS 2655 Wickham Avenue STATE ZIP CODE CITY/PO Mattituck NY 11952 DESCa~PTION OF ACTION Construct fixed walkway 4' x 40' and hinged ramp 4' x 20' providing access to main floating dock 5' x 190', with two finger docks each 4' x 30' at ends of, and perpendicula~to, main dock. Install seven 12" x 35' mooring piles and eight 12" x 35' piles to secure main dock 'and finger' docks, all as shown in Peconic Surveyors'map 91-1'00, revised to show ."prop dock" on 12/2/94. Please Complete Each Question-Indicate N.A, if not applicable A, Site Descfiptio~ Physical setting of overall project, both developed and undeveloped areas. 1, Present land use: E3Urban [-Industrial i-ICommercial J~Residential (suburban) [Z]Rural (non-farm) ~Forest E~Agriculture f-IOther 2. Total acreage of project area: /'~' ~ acres. APPROX MATE ACREAGE PRESENTLY MeaDow or Brushiand (Non-agricultural) ~).'7 acres Forested -~-- acres Agricultural ( ncludes orchards, cropland, pasture, etc.) - ~3 - acres Wetland (Freshwater or tidal as per Articles 24.25 of ECL) ~"~ acres Water Surface Area ~ © -- acres Unvegetated (Rock. earth or fill) - ~ - acres Roads, buildings and other paved surfaces ~).~'- acres Other (Indicate type), -~- acres 3. What is predominant soil type(s) on project site? a Soil drainage: ~Well drained ]~ % of site I-IPoorlv drained % of site AFTER COMPLETION ~,'7 acres -O - acres ~g) - acres ~)' ~ acres ~D ~ acres ~)~ acres ~'~ acres ~ acres F"iModerately well drained , % of site b. If any agricultural land is involve~d, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? ¢¢¢~ acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project site? i-lYes l~No a. What is depth to bedrock? ~ (in feet) 5. Approximate percentage of prop J pro site with slopes: ~0-10% '7 F'110-15% % []15% or greater , % 6. Is projec( substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes ~No 7. is proiect substantially contiguous to a site listed on t~e Register of National Natural Landmarks? E3Yes ~No 8. What is the depth ~)f the water table? /~'--t~.. (in feet) 9, Is site located over a primary, principal, or sole source aquifer? ~Yes 10. Do hunting, fishing or sheJl fishing opportunities presently exist in the project area? OYes 1l. Does project site contain any species of plant_or animal life th, at? identified as threatened or endangered? ~qYes [~ii~No According to ~f~4~4. i~-~¢6'~' " Identify each species i2. Are there any unique or unusual land forms on the proiect site? (i:e., cliffs, dunes, other geological formations) i~No Describe 13. Is the project site prese'ntly~ used by the community or n. eighborhood as an open space or recreation area? ~Yes ]~o If yes, exp!ain 14. Does the present site include scenic views known to be important to the community? ~Yes ]ANo ~0 15. Streams within or contiguous to project area: ~Kl~, a. Name of Stream and name of River to which it is tributary ~A 16. Lakes, ponds, wetland .areas within qr contiguous to project area: a. Name ~::~ ~.~o~ ~;~7_... b. Size (in acres) 17, Is the site served by existing public utilities? ~Yes E3No a) If Yes, does sufficient capacity exist to allow connection? ]~Yes l'qNo b) If Yes, will improvements be necessary to allow connection? E]Yes 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ~Yes Ii, No 19. is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Arti'cle 8 of the ECL, and 6 NYCRR 6177 [Yes 20. Has the site ever been used for the disposal of solid or hazardous wastes? E3Yes [~o B. Project Description 1. Phys'ical dimensions and scale of project (fil] in dimensions as appropriate) a. Tot.al contiguous acreage owned or controlled by project sponsor b. Project acreage to be.developed: . /,~"-~ acres initially; c. Project acreage to remain undeveloped _ --~) ~ acres. d. Length of project, in miles: ~ (If appropriate) e. If the project is an expansion, indicate percent of, e~ion proposed J~ %; f. Number of off*street parking spaces existing /Jr : proposed g. Maximum vehicular trips generated per hour ~, ~ . (upon completion of project)? h. If res dent al: Number and type of housing units: One Family Two Family Multiple Family Initia. I]y ~A ~ Ultimately ~A ~¢~ · Dimensions [in feet) of larges~ proposed structure. /{~)~ height; width; i. Linear feet of frontage along a public thoroughfare project will occupy is? ~ft. 3 acres. acres ultimately. length. Condomimum NA 2. How much natural materia e., rc earth, etc.) will be removed ftc 'he si -C) - tons/cubic yards 3. Will disturbed areas be reclaimed? /3Yes /3No' !~JA a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? F-lYes [:}No C. Will upper subsoil be stockpiled for reclamation? []Yes /No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ~ ~) ~ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [:]Yes ~o 6, If single phase project: Anticipated period of construction ~, I months, (including demolition). 7. if multi-phased: a. Total number of phases anticipated ~'~ . (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month, year. dm IS phase I functionally dependent on subsequent phases? /3Yes [3No 8. Will blasting occur durih~; construction? fi'lYes [~No 9. Number of jobs generated: during'construction ~/'0~'"~'' ; after project is complete /~ I 10. Number of )ohs eliminated by this project -~) ~ 11. Will project require relocation of any projects or facilities? F-lYes ]~,No If yes, expiain ~ 12. Is surface liquid waste disposaI involved? []Yes 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 disposa] involved? [Yes ]gtNo Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain mA r~Yes [~No 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? [EYes ENo a. if yes, what is the amount per month ~ .. tons b. If yes, will an existing solid waste facility be used? E}Yes ~No c. If yes, give name ; location d. Will any wastes no! go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain t-lNo [3Yes []No 17. Will the project involve the disposal of solid waste? [}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? [EYes ~LNo tons/month. 19 Will project routinely produce odors (more than one hour per day)? /-lYes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? [Yes 21. Will project result in an increase in energy use? E/Yes ~1o If yes , indicate type{s) 22. If water supply is from wells, indicate pumping capacity ]~k gallons/minute. 23. Total anticipated water usage per day ~A . gallons/day. 24. D~es project involv.e ~Loca]. State or Federa] funding? /3Yes ]~No If Yes, explain ~ gNo 25. Approvals Required: ' Submittal Date [ype City, Town, Village Board " []Yes Cit~, Town, Village Planning Board [~Yes E~No City, Town Zoning Board [Yes City, County Hecdth Department [Z]Yes (No Other Local Agencies [~Yes ["INo Other Regional Agencies .l-tYes ~No State Agencies ~J~Yes FqNo Federal Agencies ~,Yes C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? [~Yes If Yes, indicate decision .required: '.~zoning amendment gzoning variance F-lspecial use permit ~No Fqsubdivision ~site p]an [ new/revision of master plan ~ resource m~g,e~,nt plan F'tother 2. What is the zoning classJfication{s)of the site? - 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What 5. What is the proposed zoning of the site? J~-~ is the maximum potential development of the site Jf developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? j~Yes I-]No w' hi~ ¼ radius of proposed action? 7. What are the predominant land use(s) and zoning classi,ficati~ons '~1 mile qo 8. Is the proposed action compatible with adjoining/surrounding ]and uses within a ¼ mile? ~Yes i-lNo 9. if the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? t0. Will proposed action require any authorization(s) for the formation of sewer or water districts? []Yes ~No 11. Will the proposed .action create a demand for any community provided services (recreation, education, police, fire protection)? ~]Yes ' a. If yes, is .existing capacity sufficient to handle projected demand? OYes ~No .12. Will the proposed action result in the generation of traffic significantly above present tevels? ~Yes J~o 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 project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the informati~zo,~ided ab.ov, e/~true to the best of my knowledge. Signature ~~z~/~J-~' Title __ __Age:~.. ___ ./t with this assessn~t' ". ~ ~ ' $ Part ,;--PRL, JECT IMPACTS AND THE.., MA~.,,IITUDE Responsibility of Lead Agency foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than ;3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface.. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. - Other impacts I 2 3 Small to Potential Can impact Be Moderate Large Mitigated By Impact Impact Project Change [] ~-] J-]Yes I-]No [] [] [~Yes gNo [] [] []Yes [~]No [] .1-] [DYes FqNo [] [] []Yes []No [] [] []Yes ENo [] [] gYes r-INo [] [] i--lYes []No [] [] []Yes F]No [] [] EYes I--tNo iMPACT ON LAND 1 Will the proposed action result in a physical change to the project site? ENO EYES Examples that would apply to column 2 · Any ~:onstruction on slopes of 15% or greater, (15 foot rise per 100 2. Will there be an effect to any umque or unusual land fo~ms found on the site? [i,e., cliffs, dunes, §eotogical formations, etc.)~NO EYES · Specific land forms: G~neral information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable~. The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks t~hat it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impac-ts of each project, on each site, in each locality, will Vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importanc~ of each question. · tn identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. if answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of the impact, if impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1, d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e, if a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate 'mpact. also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles ~5, 24, 25 of the Environmental Conservation Law, ECL) []]NO E3YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect~any non-protected existingror new body of water? ENO E/YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? E3NO []YES Examples that would apply to column 2 · Proposed Action wilt' require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed [project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contras1~ to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities · Other impacts: 6. Will proposed action alter drainaL~e flow or patterns, or surface water runofff l/NO F-IYES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes l--INa [] [] t []Yes [-INo i'-'~. [] [~Yes ['-iNo [] [] []Yes I']NO [] [] []Yes []No [] [] I-lYes [-}No [] [] F-~Yes []No [] [] ['-]Yes []No [] [] []Yes [-1No [] [] []'res []No [] [] · []Yes ]-"]No [] [] [-]Yes [-]No [] [] ~Yes []No [] [] FqYes ~No [] [] []Yes []No [] [] F-lYes []No [] [] []Yes F'INo [] [] []Yes 'E3 [] F"lYes E3No [] [] J-'lYes EJNo J-'-~ [] ' I-q,' Yes []No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway, · Other impacts: ~MPACT ON AIR 7. Will proposed action affect air quality? F'INO []YES Examples that would apply to column 2 · Proposed Action wi!l induce t,000 or more vehicle trips in any given hour. ' ' · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use, · Proposed action wilt allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? [~NO [YES Examples ~hat Would apply to column 2 · Reduction of one or more species !isted on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes, · Other impacts: 9. Will Proposed Action substantially 'affect non-threatened or ndn-endangered species? []NO []YES Examples that would apply to column 2 · ProBosed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of a§e) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources?. F1NO FqYES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to a§ricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change J--lYes J'-JNo []Yes [~No []Yes []No []Yes l-JNo []Yes []No [~Ves ~No ~Yes ~-tNo []Yes [-]No [~Yes J--JNo J~Yes E~]No l--lYes []No J--lYes J--INo []Yes []No F-Wes '•No J'-JYes []No tqYes [-]No []Yes []No Construction activity woutd excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems {e.g., subsurface drain lines, outlet ditches, strip cropping}; or create a need for such measures (e.g, cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? F-1NO I-lYES {IF necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding ]and use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significant!y reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Will Proposed Action ~mpact any site or structure of historic, pre- historic or paleontological importance? []NO l-lYES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an ~rchaeo]ogmal site or fossil bed located within the proiect site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Prcposed Action affect the quantity or quality of existin§ or future ,open spaces or recreational opportunities? Examples that would apply to c01u~mn 2 F1NO DYES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: I 2 3 Small to Potential Can impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ' )-')Yes [-]No [] [] []Yes F-tNo [] [] []Yes []No [] [] []Yes I~No [] [] []Yes l-')No [] [] []Yes []No [] [] r-lyes []No [] [] []Yes []~o [] [] r-!Yes []No [] [] []Yes []No [] [] []Yes []No [] ' [] []Yes []No [] [] []Yes []No IMPACT ON TRANSPORTATION 14.' Will there be an effect to existing transportation systems? ~NO FqYES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action wilJ result in major traffic problems. · Other impacts: IMPACT ON ENERGY '15 Will proposed action affect the community's sources of fuel or energy supply? []NO []YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will ?e~Uire the creation or extension of an energy transmission or supply system to serve more than 50 single or two family · residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR ~MPACTS 16, Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? []NO i~YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH - 17 witl Proposed Action affect public health and safety? [~NO []YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or.there may be a chronic low level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one m Ilion or more gallons of liquified natural gas or other flammable liquids. ;, Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for Jhe disposal of solid or hazardous waste. · Other impacts: 1 2 Small to Potential Moderate Large ~mpact Impact 3 Can impact Be Mitigated By Project Change [-)Yes ~]No i-]Yes I-]No [~]Yes [~]No r-lYes J'-JNo t--Wes J~Yes ?_~Yes ~]No r-]Yes [--tNo [~]Yes [~No [--]Yes [-]No [~]Yes [-]No J'-JYes ~No ~Yes J--INo [-IYes E]No J-lYes E]NO F-lYes J-JNo 10 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18: .Will proposed action affect the character of the existing community? ~NO r~YES 'Examples that ~vou)d apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capita) expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action wi)l replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and.fi~e; etc.) · Proposed Action wil] set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact i Project Change [] [] F-iYes I-)No [] [] i-lYes .FI, No F-). ,, [] )-lYes E]No [] [] F'-iYes F'-iNo [] [] F'tYes F"I No [] [] E]Yes I'-lNo [] [] f-lYes F-!No [] [] F-lYes F")No [] [] F'lYes EE)No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? F!NO [-]YES If Any Action in Part 2 is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 rhust be prepared if one or more impact(s) is considered to be potentially targe, even if the impact(s) may be mitigated. Instructions Discuss the fo)Iow.lng for' each ira;act identified in Column 2 of Part 2: I. Briefly describe the impact~ 2_ Describe [if applicable] how the impact could be mitigated or reduced to a sinai) to moderate impact by project chanj]e{s). 3. Based on the information available, decide if it is reasor~ab)e to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurrin§ · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and §oals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 Albert J. Kmpski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (5t6) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) , STATE OF NEW YORK} AFFIDAVIT OF POSTING i,James E. Fitzgerald, ~r~esiding at 385 Haywaters Drive Cutch0gue -5~ 11935 being duly sworn, depose and say: 1997 That on the 19thday of May , ~ I personally posted the property known as 2655 Wickham Avenue, Mattituck 11952 by placing the Board of Trustees official poster where it easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing. (date of hearing noted thereon to be held 5/2s/97 Dated: 5/19/97 Sworn to before me this N~tary Public / ~ . ': N SURVEY OF PROPERTY A T MA TTITUCK ,~ ' TOWN OF SOUTHOLD %'. *"o..~ ~"'-.., SUFFOLK COUNTY, N.Y. '~ 4.._ '. 1000 - 139 - 02 - 05 J~n. 8, 19.91 July 30,1993 Aug. 30, 1993(revision) by ~e L.ZA.L.S, ~d ~proved ~d ~o~ted PECONI~RVEYORS, for a~h uae b~ The ~w Y~k State L~d [516) 765 - 5020 Title Aaaoc~on. P 0. BOX 909 SOUTHOLDr N. ~ 11971 91 - 100 DEC 8 FJ9~ L~ TOWN OF SOUTHOLD L)~S, LIC. NO. 49618 / -% SURVEY OF PR O PER T Y A T MA TTITUCK TOWN OF SOUTHOLD 1000 - 139 - 02 -05 Scale 1" = 40' July 30,1993 Aug. 30, 1993(revision) I f I Prepared in'accorda~e witll the ~ ate~arde for title eurveys ea eatebliahed b~ the LLA.L.$. ~ aAoroved a~d adopted. aueb ~ ~)~ The New York State La~l Title Aeao~atio~t PECONIC (516) 765 - 5020 P O. BOX 909 MAIN ROAD $OUTHOLD~ NY, 11971 91- 100 NO. 49618 MA TTITUGK o A 7' / cREEK ~ 11~ ~ ~ ~ I ~ ~ ~-~ k / ? -~ ~ ~ ~ ~ 380 00' 24°54,20.6].t ' ' ~ ' ~ ~ ' I ' X WIC~HAM ' ~ ~ ' ~ 552 52' ~ I ~ / ~ AVENUE ,11