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HomeMy WebLinkAboutTR-4824Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. '70~ OJ-. ~'/, DATE: ...~.1/19/97 ISSUED TO ...... ~QB!NS.. !~ANI~.. ~gESERSrATIQN ~QRP ...... Aulhorizalion Pursuanf fo fhe provisions of Chaplet 615 of fke Laws of the State of New York, 1893: and Chapter ~ o{ the Laws of the- State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 11/18/9.?. 19 97., and in consideration of the sum of $150.00 paid by of .... Ne.~ .$~£f~lk N.Y. and subject to the Terms and Conditions listed on the reverse smde hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to install 6,000+/- feet of 3 1/~" inert sub- marine cable between New Suffolk and Robins Isl. at a depth of 5+/- feet below bay bottom. Project shall begin at LILCO c~ar~g~a~c~ebiw~r~ at Firs~, Sitreet.landward of the. ti~:tal tne ael'a,~ea specmca?~ons as presentea mn application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this dafs. Albe~t J. Krupski, President Job. Holzapf~l, Vice Preside. I Jim King Maltin I[. Gm(ell Peter Wcnczcl BOARD OF TOWN TRUS'I:EES TOWN OF SOUTHOLD Town llall 53095 Main Road P.(.). Box 1170 So.lhold. New York 11071 Telepho.e (516) 76.5- 1892 Fax (516) 765-1823 . Office Use Only. __~Qoastal Erosion Permit Application ~"Wetland Permit Application - Grandfather Permit Application Waiver/Amendment/Chanq~s ~.-Received Applicatio~ ~/,~'/, ~ ~__eceived Fee:$F~ ~.~pleted Application ~/~/~? Incomplete SEQRA Classification: Type I__.Type II Unlisted Coordination:(da.te se~t~ CAC Referral Sent: ~/l/~ _ ~.-'Date of Inspection: ,~//~/~ ~ Receipt of CAC Report{ Lead Agency Determination:__ Technical Review: ~.-~ublic Hearing Held:ly~V~; Resolution: SEP I 8 1997 'TOWN OF SOUTHOLD SEa 181997 N~une of Applicant Address P.0. Box Robins Island Preservation Corporation, 301, New Suffolk, N.Y. 11956-0301 Phone Number:(516} 734-5134 Suffolk County Tax Map Number: 1000 134-3-5 Property Location: Foot of First Street Inc (provide LILCO Pole ~.. distance to cross streets, and AGENT: Glenn E. Just/ J-M.0. (If applicable) Address:121Jessup Avenue. P.O. location) Environmental Consulting Box 447, Quogue, N.Y. 11959-0447 ' Phone: 653-0607 FAX#: Board of Trustees Application Land Area (in square Area Zoning:. Previous use of property: Intended use of p~operty: GENERAL DATA feet): n/a ~ndeveloped Lots- ay bottom and gfiinhabited island Prior permits/approvals for site improvements: Agency Date Southold Town Trustees N.YoS.D.E.C. 10/27/94 11/15/94 XX No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? XX No' Yes If yes, provide explanation:. n/a Project Description (use attachments Please see attached, if necessary): 2. PROJECT DESCRIPTION Applicant proposes to install ! 6,000' of 3 1/4" inert submarine cable between New Suffolk and Robins Island at a depth of ! 5' below the bay bottom. The purpose is to provide Robins Island with electrical power and' communications. The cable itself is inert, and obntains no fluids. The project, which shall take two days to complete, shall begin at a Lilco specified meter cabinet (3'x 8') located at First Street in New Suffolk ( S.C.T.M.No. 1000- 117-8-19). The meter cabinet shall be located at a point 97' landward of the Tidal Wetlands Boundary. From this point at low tide, a ± 410' long and 30" deep trench shall be excavated across to parcel (S.C.T.M.No. 1000-117-8-20) to the Mean High Water Line. The cable shall be immediately installed and buried. Beginning at the Mean High Water Line, the cable shall then be buried in the bay bottom. The installation shall utilize a support vessel and a water jet sled. The support vessel shall unreel the cable while the water jet sled buries the cable. The water jet sled is a rubber tired vehicle which runs atop the bay bottom. The water jet sled utilizes a high pressure water jet with a 9" stinger which will create a 12" wide trench and bury the cable at i 5' below the bay bottom. The installation of the cable shall be monitored by technicians on shore and a diver. Once the support vessel and water jet sled reaches the shore of Robins Island, the cable shall then be placed in a pre-dug trench (30" deep by i 300' long} to it's termination location. The trench shall then be immediately filled. l~oa.rd of Trustees Application WETLAND/~USTEE LANDS ~PPLICATION DATA Purpose of the proposed operations: To provide Robins Island with electrical Dower and communications Area of wetlands.on lot: Percent coverage of lot:' Closest distance edge of wetlands: Closest distance edge of wetlands: square,feet % between nearest existing structure 'and upland ....... feet between nearest proposed structure and upland ....... feet Does the project involve excavation or filling? -X~No u/_/%/~.. Yes If yes, how much maWerial will be excavated? How much material will be filled? 0 Depth of which material will be removed or deposited: n/a feet Proposed slope throughout the area of operations: 1:1 Manner in which malerial will be removed or deposited: n/a 0 cubic yards cubic yards Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate):''~ As proposed, project Should have no significant the wetlands or waters of the Town of Southold. adverse impacts upon APPEALS BOARD IvlEb, tBERS P. Goehrh)gcr, Chairman Serge Doyen, /ames Dinizio, Jr. Robert A. Villa Lydia A. Toltora BOARD OF APPEALS TOWN OF $OUTHOLD F, IJd Soulhold Town Flail 53095 Main Road P.O. Box 1179 Southold, New lbrk 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE Subject: Variance Application - Louis Moor~ Bacon (II.obins IMand) L. ocntion of Property: Robins Islsund of£ New Suffolk, Town of Southold, County of Suffolk, Stats of New York. Zone District: R-400 Residential Attached is a Negative Declaration under SEQRA as per Resolution odopted at a Regular Me, ting af the Board of Appeals held ou February 7, 1996. Based upon revlewa and evaluations o~ Information turnished itt thi~ record, and ~tev cousider~g the c~teria ~stod under Sec~ona 617.6, 617.7, ~d 617.11, and ~mp~ison of imparts wMch ~xy have been ~asonably expected to result from the p~poaed action, ~ Btmrd has deela~d that the implementation of the action ~ proposed in this project ~[I not ~stdt iu ni~ffi~nt advorae env~mntal impacts. The attached Declaration baa been prepared in accordance with Sections 617.6~ 617.7, 617.11, and 617.12, and wa9 adopted pur~umxt to a Reaohttio~l of tho Board of Appeals, ~ ~d Aganey, at Its Re,dar Moeth~g held F~brua~ 7, 1996. Accord~gly~ the attached Not]~ la hereby coov~nated ~d fBed for pubH~flon ~:accord~c~ ~th S~etiona 617.6, 617.7 and 617.12 of the Now York S~te Envi~entM Quality Review A~t. For further' information please contact the Office of the Board of Appeals, Attn: Linda KowalskJ, or Gerard P. (loeb. ringer, Board Chairman, 53095 Main Road, Southold, New York 11971, tel. 516-. 765-1809. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2/7/96 Gerard P. Goel.trj.nger, Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen, Ir, James Dinizio0 Jr. Robert A. Villa Lydia A. Tortom Southok! Town Hall 53095 Mabl Road P.O. Box I 179 Southold, New Yo~k 11971 Fax (516) 7~-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUIItOLD TYPE I ACTION NEOAT_IVli: D£ChARAT1ON Determination of Non~Slgnlfleance Date of tiffs Action: February 7, 1996 LEAD AGENCY; ADDRESS: Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-1179 This Notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental QtlaHty Review Act), of the Environmental Conservation Law, and pursuant to Chapter 44 of the Code of the Town of Southold. The Board of Appeals, as lead agency, ha.s' determined tl~at the proposed action described below will not have ~Ignlflcant adverse impacts on tho environment and a Dr~ft Environmental Impact Statement will cot be prepared. PROJECT DESCRIPTION: Application No. 4354 filed for proposed height varim~ees' ahd other variances related to occupancy of subordinate buildings on Robins Island wktch contains 435+- acres, situate near the waters of North Race, Peconic Bay, off New Suffolk, in the Town eg Southold, County of Suffolk, New York. County Tax Map ID No. 1000-134-3-5, more particularly described in the Robins Island Proposed Plan Schematlc Diagram and other related documents submitted for consideration under the subject application. "~- SEQR T_._YP__E__.'. Typo I - Property._'m within a Critical Environmental Area. REASON8 FOR DETKRMINATION: 1. Initial Coordination. A coordinated" review commenced November. t0, 1995 with all involved agencies and furnishing copies of the full Long Environmental Assessment Form, ti~e application, maps, and related docu- 'See. 617.6a($) SEP-f2-97 18:22 NIXOIi I 0, 51683EI 7 ?, 04 Page ~ of 5 8EQR~ DetermLnatLon February ?, 1996 laceration. No obj~ctions were submitted by any involved agency. Written agency re.sponses indicated that other permit procedures have not as yet I)een completed (N¥S Department of Environmental Conservation), and the Southold Town Trustees confirmed its completed reviews under tho Chapter 32 (Docks) and Chapter 97 (Wetlands), and conditional per, ts in effect. a) By resolution of December 6, 1995, tile designation of the Soathokl Towu Board of Appeals aa the agreed-upon Lead Agency was confirmed with an effeetive date of December 15, 1995. b) The Robins Island Proposed Plan, ae set forth in the project Description of Attachment "A" with the applicant's full enviromnental assessment form, was reviewed in its entirety, although only certain areas of applicatio~ls were required to be flied under tile jurisdletiol~ of the Board of Appeals, and that not all the applications that the applicant may eventually be required to submit to other involved agencies have yet been submitted. o) If viewed independently, most of tile activitie.s contained in the Proposed Plan were Type II Actlvities, not requiring further SEQRA review, es they largely involve maintenance end repairs of existing structures, the replacement of faciUties, construction of a single-family home and the construction of a~icultural building~ and accessory, structures. However the applicant and the Lead Agency found it proper to view the Proposed Plan in lis entirety so that it could be understood and evaluated. 2. Typ~ of Project. This project wa.s confirmed by Board of Appeals' Re.solntion adopted December 6, 1995 aa a Type I Aetlon {CEA), with all effective date of December 15, 1995. 3. Review of Long EAF Part I and Attachment A. The Long EAF Part I and Attachment A submitted by the applicant have been fully reviewed and evaluated. 4. Preparation of Long EAF P&rt II. The LF~F Part II checklist has been completed. ~- 5. Field Inspection. Ali inspection of Robins Island and elements of tile Proposed Plan was attended b~r members of the Beard of Appeals, Tows Board, Planning Board and Set~or Planner, and Town Attorney. 6. Rcqueet for Additional Information. A Ilst of additional comments and relevant areas of concern, in response to questions submitted through the Board Chairman, re~rdt~.g the project slid variance application, was provided. 7, Review of Applicant's Reaponsea and Additional Information. The appllcanUs additional information and responses to the additional questions and comments were reviewed for adequacy, and evalnated by tile Board, gevtewa of all information continued until February 7, 1996. Pa~e H of ~ S~QRADe[e~mtna~£on Robtne ~staad ~o~ec~ Feb[usry 7~ 1996 g. Full Record. After review and analysis of all documentation in the Board of Appeals'-'oeec, rd, including but not limited to general testimouy and reports from eousulta~lts~ received at the December 6~ 1995 bea~fng~ Jammcy 10, 1996 hearing, and February ?~ 1996 hear~g~ the record was found to be complete. After cave[al consideration and reasoned elaboration, it was determined that the Proposed Plan ~11 not result In an~ ~ig~dfieant adverse impacts on the et~vironment. 9. Other, This project Is not located In an Agricultural District~ as provided under Section 305 of Article 25-AA of the Agrieultur~ and Markets Law~ subdivision (4). 10. Additional FJndhlgs. Additiolmlly, all the oritevla contained in Sections 617~7c and ~17.11 has been evaluated and analyzed by' the Lead Agency (Board), and the Board hereby determines the following: a) The proposed forest and wetlands managemeut will have numerous benefits including: limitation of access to forest management areas, limitation of access to coastal areas, restoration of south pond and adjacent areas~ removal o£ tnvasive forest species, re-establishment o~ forest undevstovy, and es[ab~shmeut of g~ssed areas using sss seeds harvested from other pacts of the island. b) '['he proposed plan will effectively protect 'and maint~n the ecological resources and aquifer recharge zone,' ensm. lng high quatity potable water supply for the island's Inhabitants. c) The proposed development of ponds (approximately three acres, more or less) on tho northern portion of the island will have positive benefits including: fire protection, habitat creation, drinking water for wildlife and aesthetics. d) Top soil a~d subsoil associated with proposed e×(:avatlon activities are to be reclaimed for landscaping and roadbeds. e) Clearing of existing forest and wetlands management) of the 435 acre island. vegetation (other than that related to will be lhnited to approximately t'ive acres f) Proposed impervious-surfaces will be limited to approximately two acre:~ of the island. g) Requested occupaucy and hetght variances 'will not result in an adverse impact in terms of environmental and planning considerations, parti- cularly in view of the Iow overall intensity of use of the island as a whole. ;~sec, 617.6b(£1) $E?-12-97 FRI 18',23 ~age 4 of 5 Iq I ×O[t Hh.~RRVE SEQRA Determination Robin~ Island Project February ?, 1996 ?, 06 h) Visual 6tmnges from perspectlves along the north and south forks attd Peconic Bay are llmited to the proposed boathouse and Family Vacation Home buildings, w~eh ave not expected to be sig~icant due to tho low intensity of tree, ~etbaek~, 'eonMstene7 ~th tradltlon~l ~e~fdentfal and maritime use of tho island, arclfitoetural design, existing natural contours above mean sea .level, natural forest areas and p~posed new tree planting Rre~s. i) Appllcant will bo conforming to ap~ropetato standards under the Su[folk County Sanitary Code With respect 'to potable water supply, sanitary disposal and storage of hazardous materials. j) Proposed erosion and stormwateP control measures have been shown to be adequate. k) Sufficient setbacks have been provided between the tot) of the bluff and the proposed buildings, to ensure longevity arid provide adequate slope maintenance. 1) Building permit plans will be submitted for specified uses, and furtiter re~iew for cm~.formance with the above performance standards and those described in the Full F, AF Attachments A and B can occur at that time. m) The ZBA and/or other To~, County and 'State'agencies have tho ability to review other action8 pertaining to Robins Island not currently proposed but wl~ch may bo contemplated in tho future. 'Tt~s application addresses tile comprehensive planning of the use of Robins Island in a non-segmented comprehensive approach to ~d ~ the prolection of the island's u~que environmental resources and surround~g waterfront areas. n) The proposed accessory hellpad 'also provldes emergency access to the property. o) In considering and evaluating the proposed electric and other utility elements, no additional informatimx was found to be necessary as proposed for the residential', and agricultural, uses of '~.ae land under ti)is Plan. p) There will be no ~ghbstantial adverse change in exiati..ng air quality, ground or surface water quality or quantity, and traffic or noise levels with tim Implementation of the Pla,x as proposed; q) There will be no substantial increase in solid waste production or ia the potential for erosion, flooding, leaching or drainage problem~ under this Plan. r) The Plan avoids impacts to sig~tgflcant habitat areas, to threatened or endangered species of at~imals oe plants~ and to the natural and cultural resources of the.property. rage 5 of ~ SEQP~ Determinat£on Robins Island Projeot February 7, 1996 s) The '.plall does not remove or destroy large quantities of vegetation and in fact leaves more than 90% of the property largely in a natural state, , t) The Plan' is' consistent with the Town's goals pf p~oteoting large quantities of open space as ~et forth in the Sonthold ~own Code. and the Souihold Town Master P[an. u) Th~ Plan does not threaten the health, safety, or we~are of the local commmfity nor does it adversely impact the neighborhood character. v) The proI:,osed uses envisioned ~ the' PIan are consistent with tl~e 1~story and use of the property as a private, non-co~mercla] shooting preserve with a residential, a~ieuItu~l and forestry component and thus the Plan does not present a substantial change h~ the use, or intensity of use, of the property. DETERMINATION Based ou the above i~ff. ormation and analysis, the following support- ing documentation, including but not limited to the Long Environmental Assessment Form (LEAF), Attachment 'A' to the LEAF dated November 1, · I ~B~ ' t995, Altec. hmo xt to the LEAF dated February 2, 1996 comments received from the public and the other involved agencies, ankI the response~ of the applicant's agents and consultants, the site inspection held on December 2, 1995, Town hearings, the Board of Appeals concludes that the proposed Plan will not ~esult in significant adverse environmental impaots. For Further hxformation~ Contact the following Agency: .SOUTHOLD TOWN BOARD OF APPEALS Gerard' P. Ooehringer, Chairman Address: 53095 Main Road, P.O. Box 1179 $outhold, NY 11971 Phone No.: (516) 765-1809' Copies q[ this .Notice. Sen. t to-' ~ Local Rag/opal Office - NYS '.DeparUnent of Environmental C~nservatlon Environmental Notide Bulletin, BEP~ CHfton Park, NY 12065-5013 Suffolk County Department o~ Health Services, Riverhead, NY O.[flce Suffolk County Department of Planning, Hauppaug% NY 11788-0099 SeuthoId Town Trustees, Southoid Town Hall Southuld Town Hall Bulletin Board - Main Lobby (for ~osting) .~/' ~Applicant - e/o Ko~n S. Law, as Attorney, Garden C~ty, NY 1:1530~ fOri~nal Filed ~th. Office of the Southold Town Board of Appeals Southold Town Super~s0r, Town Board Members, and Town Clerk I~o Update for Southold Town Planing Board and Office, T~wn Halt 14-16-2 (2/91)--7c 617.21 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM 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 not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, compreh0nsive in nature, yet flexible enough 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 proiect and its site.' By identifying basic prOject data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Parl 2: Focuses on identifying 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 impaqt. 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 informati'on recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude 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 will not have a significant 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 been 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 impact on the e~vironment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions 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 Project Sponsor NOTICE: This document is designed 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 be eve will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION nscallation of submarine electrical power and communications cable LOCATION OF ACTfON (Include Street Address, Municipality and County) First Street & Jackson'Street, New Su~o~f~ P c9 i B,~ and , §uz~o~k~ U~unty Robins Island NAME OF APPLICANT/SPONSOR · ~n~. BUSINESS TELEPHONE J.M.O. Consulting for Robins Island Preservation Corp,i ~16) 653-0607 ADDRESS P.O. Box 447 CITY/PO Quogue I STATE ZIP CODE NAME OF OWNER (If different) , N.Y. 11959-0447 I n c. BUSINESS TELEPHONE Louis M. Bacon c/o Robins Island Preservation Co~p, (516 734-5134 ADDRESS P.O. Box 301 CITY/PO New Suffolk J STATE ZIPCODE N.Y. 11956-0301 ~ESCmPnON OP ACTION "'Please see attached" Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and ~undeveloped areas/ 1. Present land use: [~Urban I~lndustrial ~ommercial ]~idential (suburban) []Forest [:]Agriculture [~Other Bay bottom 2, Total acreage of project area: 0.14 6 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, ~ropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: E~Well drained % of site ]~Poorly drained 100 % of site E3Rural (non-farm) sand '[~Moderately well drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? ,,n/a acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~Yes [~No a. What is 'depth to bedrock? ~600 ~ (in feet) ~ PRESENTLY AFTER ~OMPLETION acres acres ~ acres ~ acres 0' acres ~ acres O. 1~4-~ acres O. 146 acres : acres acres , acres acres acres acres acres acres 5. Approximate percentage of proposed project site with slopes: []0-10% 1 00 % ' E~10-15% % [15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [Yes [~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I~Yes [~No 8. What is the depth of the water table? n/a (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~Yes [No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [~Yes [No 11. Does project site contain any species of plant or animal life that is identified as threatbned or endangered~ [Yes [~No A.ccording to sel£ ' Identify each species ~ ~ 12. Ai'e there any unique Or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I~Yes [~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? E~Yes [~No If yes. explain 14. Does the present site include scenic views known to be import~ant to the community? g~Yes E~No n/a 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Peconic Bay b. Size (In acres) 17. Is the site served by existing public utilities? ~Yes E3No i'~Jainland parcels Yes, Ro'bins I~.No a) If Yes, does sufficient capacity exist to allow connection? ~Yes [~No b) If Yes, will improvements be necessary to allow connection? J~Yes []No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 2S-AA, Sectic~n 303 and 304? E3Yes [~No 19. Is the site located in or substantially contiguous to a Critical Environmental A~rea designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ~Yes l~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? []Yes ~No B. Project Description 1. Physic:al dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 0o 146 b. Project acreage to be developed: ~ acres initially; _~ c. Project acreage to remain undev(~Joped n/a acres. d. Length of project, in miles: n/a ~-{lf appropriate) e. If the project is an expansion, indicate percent o~fexpansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour ~/a h. If residential: Number and type of housing units: One Family Two Family acres. acres ultimately. n/a %; '(upon completion of projecfl? Multiple Family Condominium Initially n/a Ultimately n / a i. Dimensions (in feet) of largest proposed structure__n/a height; n/a j. Linear feet of frontage along a public thoroughfare project will occupy is? width; n/a length. ~ · ft. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? [~Yes []No ~N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? E3Yes ~No c. Will upper subsoil be stockpiled for reclamation? L}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 []No . 6. If single phase project: Anticipated period of construction ~ days 7. If multi-phased: N/A a. Total number of phases ar~ticipated (number). b. Anticipated date of commencement 'phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? [Yes []No 9. Number of jobs generated: during construction 6 10. Number of jobs eliminated by this project ~ 11. Will project require relocation of any projects or facilities? tons/cubic yards (including demolition). month year, (including demolition). month, year. E3Yes [No ; after project is complete n/a E3Yes ~No If yes, explain ~No ~]No 12. Is surface liquid waste disposal involved? [Yes ,~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? []Yes ~No Type 14. Will surface area of an existing water body increase or decrease by proposal? EJYes Explain 15. Is project or any portion of project located in a 100 year flood plain? ~Yes ONo 16. Will the project generate solid waste? IUYes J~No a. If yes, what is the amount per 'month tons b. If yes, will an existing solid waste facility be used? [Yes []No c. If yes, give name ; location -d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? E~Yes [Yes J~No tons/month. years. ~No 19. Will project routinely produce odors (mor~-~-than one hour per day)? OYes [~No '20. Will Project produce operating noise exceeding the local ambient noise levels? [Yes 21. Will project result in an increase in energy use? l~Yes ~No If yes, indicate type(s) Project will provide el.ectrical power t~ 22. If water supply is from welJs, indicate pumping capacity n/a gallons/minute. 23. Total anticipated water usage per day n/a gallons/day. 24~ Does project involve Local, State or Federal funding? ~Yes [~No If Yes, explain ~No Robins Tnl~nd 25. Approvals Required: City, Town, Village Board ~Yes [No City, Town, Village Planning Board [~Yes ~i~No City, Town Zoning Board [Yes ~No City, County Health Department U]Yes []No Other Local Agencies fUYes I~No Other Regional Agencies BYes [~No State Agencies [Yes []No Federal Agencies [~Yes [No C. Zoning and Planning Information Type Board of Trustees iT. Z. S. u. O. S U.S.D.0.A., Submittal Date 9/97 9/97 __9/97 1. Does proposed action involve a planning or zoning decision? [Yes ,t~No If Yes, indic'ate decision required: []zoning amen'dment [~zoning variance [~special use permit [subdivision [site plan [new/revision of master plan E~resource management plan [other 2. What is the zoning classification(s)of the site? I'iainland 'i~Roolns Island R-400 3. What is the maximum potential development of the site if developed as permitted by the present zoning~ same 4. What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoningl S aT:l e ' 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Y~s [No 7. What are the predominant land use(s) and zoning classifications within,a 14 mile radius of proposed action? bIarine and Residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a '4 mile? ~Yes E3No 9. If the proposed action is the subdivision of land, how many lots are proposed? n/a a. What is the minimum lot size proposed?' 10. Will proposed action require any authorization(s) for the formation of sewer or water d stricts? []Yes ]~No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? []Yes ~No a. If yes, is existing capacity sufficient to handle projected demand~ E3Yes [No 12. Will the proposed action result in the generation of traffic significantly above present levels? []Yes ~No a. If y~s, is the existing road network adequate to handle the additiona :traffic? []Yes [Z]No O. Informationel 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 avoidthem. See enclosed Negative Declaration previously issued by E. Verification Southold Town ZBA. I certify that the information pro, vialled above is true to th~ best of my knowledge. . . Applica"t/Sp°"s°r~+~len~.'~'/Jlst/ ff.Et,O. Consultin as agentDate Signature ~/ ~.~ (~./b~// J ~ ~p' Title If the action is in the Coastal Area~ ,-~-~, ,hA you are as .......... '%"/- - with this assessment. -, ~:~ ,-- - ,..,e agency, complete me Loas!al Assessment Form before proceeding O0 Z Fa CD VICINITY MAP International Sailing Chart #67 ~ Nautical mile 72°25' 41°00'[ '~ ':' ', , "" .4' ,.~d'O:' '.: ~" 2O 2r .7::F-l~ '97 :i. 8;iE4 FIq.'Fii'i:PETEi~I PHONE NO. : 6S~ 8687 J.M.O. Environmental Consuldng Service Plee~e be advised thmt we have authorized the f'i~,m of J.H,O. Environmental ConsuLting Services to set a~ our a~ent a~enoy a~d othera involved with this project. Consulting Services have been r~fmtned to ~oordin~te all approvals necessary through your and other involved a~eneies, as ~ell as our architect, ongineer ~nd eonteaet;or~, we :'equest that ali communications, oorre~pp~denoe, notiee~, approvat~ ~nd calla be addrossed directly to the offices J,M,O, Consul~in~ Servioe~. ' Cwhe~e ehe applicant ~a no~ ~h~ owner} Robins. Island NeW Suffolk, h~.y..11956-0301 . do hersby au~hgri~s,.~lenn.~.. Just/ (Agent) J.M,O. ~nvironmenta] Consultit~gto apply for permit(~) from the Southold Boa~'d of Town Trust~e~ on my behalf, The Town of Southold'e Code of Et|tlc~ prohibits con[liets o£ tnteresb on' tile part of town officers and employees. The purpose of ~hts form ts t~rovlde information which can ~k ko ~ake whakeve~ ackton is necessary ~o avoid same. khe okher poreon'm or eompany'~ name,) NATURE OF AI, PI, ICATIOR: (Check all tha~ apply. ) Tax grievance Variance chattge o£ ~one Approval og plat ....... o~her (If ,,Okh~r," name kh~ pnten~, or ehl.i.d) hnvon roln~'~on~h~p wl~h nny off{e~r or ' NO Demcribe tho r~la~lon~lllp bekwe~ll yO~r~l[ (~h~ aPpll~an~) ~pproprlake line 6) ~hrough D) and/o~ dem~rlbe p~ovlded · The ~own off leer or ~mployee Or hi~ or her ~pouge~ parent, or child Is (check all khak apply)t co~pora~e ~toclc o~ the appllc~nb (when the appllean~ tm a eorporatlon)~ . noncorporate'engl~Y (when the applloan~ i~ not a eorporatlon)~ partner, or employee Of the appllennkl or ,.P) the actual applicant, DESCRIPTION OF RELATIONSIIIP PROPO.~E[) N~V :f.O, II:I:.:OL.P,-I';~()BINS ISLAI~ID SUIBI~IAFtI,~II::. I:-~'IC:t~. b,~/~l. L,. t(S(')O~ITK~)Ot-tl:tS ON IISEP~:F ~ A~aLE PROPOSED NEW ,:~UPI: DLk-RCBIN:~ ISLAk!D SUIBNARtN[:: PHO-IO6I~^PHED 16C)O-17-OOHRS ON IiSEPg:F ~" .. tI~.FOL~, t~CBIN3 ISLAND ,SUBI~'IArgINI: tA~BLE PROPOSED NEW SLJ~.;J¥)t F,-I':~'i'~B ~S ISLAND PHO [OL?~./APHED ...r'", .. i v ...., ~ II PROPOSED NEW .~LI~. ~OL... ..... I'~OEqN:!, 1:;,1A-, D 5LIIBMAtqi NI::.. Pt.I()t( ~F(AI.,If';D I6()O.-t'./.('.!C, HI'.~':i.; '[)N IISEPg~ (Af%E Board Of $outhold Town Trustees SOUTHOLD. NEW YORK PERMI'r r, iO. ISSUED TO . utlmrization Pursuan+ fo +no FrovlsJons of Chap;3r 615 of the Laws of +he Sfa+o of Now York, IB93; and Chap+or 404 of +he Laws of the Sfa+o cf New York 1952; and tho Soufho!d Town Ordinance en- +i+lod "RE-GULATING AND THE PLACING OF OBSTRUCT!ONS IN AND ON TOWN WATERS AND PUBLIC LANDS and REMOVAL OF 5AND, GRAVEL OR OTHER MATERIALS FROM LAND5 UNDER TOWN WATERS:" and in accordenc, o w)fh +he Resolu+ion of Th(: Board adop+ed a+ ,, moo+lng hold on :". !,,. 19 '~. , and in considera+ion of +ho sum of $ .;.. , paid by ~.,, :t.: : N.Y. and sub:ac+ fo +he Torms and Conditions lls+e.d on +he rovorso side horeof, o~ Sou+hold Town Trus+oos au+horizes and pormi+s the following: ootalled SpOCl'~Cd+lOrl$ as p csenfed in i~,,"~!,.~he orlglnd+ing appIJcafJon. · IN WITNESS WHEREOF:, The said Board o} Trus+oes here- I~,, by causes its Corporafo Seal fo be affixed, and +hese prosen+s fo "' be subscribed by a majoHf¥ of the said Board as of +his dale. ,b Albert J. Krupsld, President John Holzapfel, Vice President Jim King Martin H. Gan-ell Peter Wenczel Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 November 19, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 November 19, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD J.M.O. Consulting Inc. Glenn E. Just P.O. Box 447 Quogue NY 11959 Re: ROBINS ISLAND PRESERVATION CORP. SCTM #134-3-5 Dear Mr. Just, The following action was taken by the Board of Town Trustees during its Regular Meeting held on November 18, 1997, regarding the above matter: WHEREAS, ROBINS ISLAND PRESERVATION CORP., applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated September 18, 1997, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 18, 1997 , at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation s~,h~itted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of ROBINS ISLAND PRESERVATION CORP., to install 6,000+/- feet of 3 1/4" inert submarine cable between New Suffolk and Robins Island at a depth of 5+/- feet below bay bottom. The project shall begin at LILCO specified meter ca~inet at First Street landward of the tidal wetlands, boundary. ~. BE IT FURTHER RESOLVED that this determination should not be .... considered a detezit~nation made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to'construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable,~ and permit issued within six months of the date of this ~ notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh DEC ACE Dept. of State FROH: IqYS~OGS COUNSELS T0:5167545141 STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES LEGAL SERVICES MEMORANDUM P~GE: 0~ F TO: FROM; SUBJECT: November 18,1997 Kevin Law, Esq, Thomas A. Pohl, Esq.' Cable Line, New Suffolk In accordance with your request, please note the attached Chapter 990 of the Laws of 1969 and its statement in Section 2 of ~he interest of the State of New York, This office is prepared to grant an easement for the cable from New Suffolk to Robbins Island, Attachment NCI~J-iB 9? 1~S:5~ FROI'"1:NYSxl]~S'.-.S CKIIJNSEL'S OFF 518-473-4~73 T0:516734514i PFtGE:O~ ? 2442 L,~ws oP Nzw.Yo~x, 1969 or eire~tances is heId ~nvaHd, the rama~der of ~he stance shah not be ~a~ed thereby. · .. .~ .~,: ~ 2. This act ~haH ~ake CHAPTER 990 county, a~d in relation t~ ~he manage~e~ of such ]and~ for th~ of shellfish ~eeame a [~v 2fay 26, 190g, with the approval of t]]~ Gover2or. P~s~e4 Section 1. Legislative fining a~d determination. By cha three hundred eighty-five of ~h.e laws o~ eighteen ~undre~ four, entitled "An act to cede lands under water of and Pceonlc bays to Suffolk county, Loag Island, for the ca]riva: tion o2 zhell-~sh," aa last amended by ch~p~ee one one of the laws o~ ni=eteen hundred twenty-~hree, ~he people the ~ta~e ceded to Suffolk county for the purposes of oyster cult~ lauds under the wa~ers of Gardincr's and Peeonic bays cad tha'~ tributaries thereof between the westerly shore of Grea~ bay and ~ e~terly line running from the mo~t easterly point Plum island to Gel poin~ ~t the entrance of Napeague harbor. The commissioners of shell ~zheries provided for in said amended, h~ve not functioned for several years and the o~ees are wrapt. Other shelldsh than oysters are being ha~ve~ted and con. ~tltutc an important asset to ~c economy o~ the area genera~y. The business of cultiva'6ng o~ters has declined and one of resu]~ has been the forfeJ~re of lands, formerly sold by miss~oners of shell dsher~es, through tax salem and non-user. ~rk- ers and buoys formerly marking the COrners of .parcels of the ~axlng au~hoMties, bgymen and, in many cases, even the actu~ owners o~ land under water are not certain o~ ]oc~tion~ status title. It ig ~n the best intereat o~ the people of the ~tate gencra~y and ~hoze o~ ~e area in question particularly that the lands under said walers ~ho~d be surveyed and ~anage~ to promote the aul-' tivati~n of shellfish. It is the intent o~ thi~ act to accompl~h that purpose. ~ 2. ~atificatlon of t~tles. The saIe of lands u~der sa~d watem by the aomm~ssioner~ of shall fisheries, subsequently held and used by the ~an~ees;~ their heirs, successors ~d assi~, in ~th the previsions of chapter three hundred eighty-five of 1aw~ of eighteen hundred eighty-four, as amended, an ~hich taxes and ~ssessments have been p~id, is hereby rsdfied and con- firmed. All o~her lsnds under said wa~ers which, pursuant or Tv[ the d whic~ Such FROH:NYS~OGS COUNSELS OFF S18-473-4D?G ....... TO: ~167345141 said laws. hove esche~ted or rever~ed to tb.~ state, are hereby ceded to Suffolk county fo~ the purpose o£ the cultivation o~ sub,cot to existing vaH~ ~r~t~ ~ easements; provided, however, that nothing in th~ ~et shall inter,ere wi~h the righ~ ~ the cam missioner of ~enerat se~ice~ to grant lan~s and easeme~ ~der water to owue~ of ad~en~ upla~dm puraua~t t~ the ~rovisions o~ the public lan~ law, or o~ the leg[sl~tnre to make such gram~ without regard to upland ownership and to ~aut fr~nchlses to utilities, municipalities and governmental, edueaClona~ or bodies flor cable~, outfalls, ecological studies and e~er~mentation with controlled marine life. IL hereafter, ~eh of said are uaw in prlvzte ownership escheat or ~evert to the state, they are hereby a~ o~ such time ceded to Suffolk county for the purpose o~ the cultivation of shortish. ~ 8. ~urvey au& mapping. Be~ore teasing or using the lauds hereby ceded to i~, S~o~k county shall cause an accurate Survey to ha made of such Inn&, and a map o~ maps to be prepared there- from. Such survey shaR determine th~ location el and ~ueh ma~ or m~ps shall show (a) the boundary lin? throagh sai~ w~ters at the aevcral towua involved, (b) the ordlnat~ high w~ter mark and a ltue one thousand feet therefrom, (~) the location of ex~tlng grants, easement, franchises a~d cable lines, (d) ~teas where the ~ederal government permits fish traps to b~ loca~e~, (o) l~n~ undsr water presently privately o~ed far the purpose of ~e cultivation o~ oy~ter~, (f) area~ where hay se~llo~s m'e produced reg~arly and harvested au a commereia~ basis, (g) s~uctures o~ the land, publicly ~r ~dvately o~ed, and aid~ to navigation ~sta~ed and ~iu~ined by the federal govement ~vh~ ~e u~a~ ranges and determining polnt.s on the Surface of tho waters oi said bay~ sud (It) proposed plot; far leasin~ and 9oin~ fo~ the loeatio~ o~ buoys ~rom which the boundaries of sai~ plo~ . ~y dispute arise as to ~e bou~d~r7 ~i~ be re~o[ved by the caunty executive of Su~olk county ::~J.~,, of the legialatlw body thereo~. ,. , ,~' 4. Le~es. Suffolk county may le~e lan& under , ~,~:~ ,.~ t by ~e statc for the -~uruo;o- ~ ~he~fish c~tivation ex~ept . ~i~~ lande as are within one ~o~and feet al ~e high water mark ~ ~ where bay se~ll~s a~e produced reg~arly and ha~ested . -.~ basra. Leges sh~ll be made only ta per~o~e ~es~de~t ' ~:~u~lk county one year or more prior to applicatiom for Plots [~. not le~s th~n fl~ty aere~ and ~o~ a term at ten years. .'.j')~iea~e is made, a notice of availability shaE be posted con- , ..~}: for at least two months in the mar~e ~heries ~'~'~ or m~pert o~ the l~nd~ prop~ad to be lo,ed ar~ situate. PRGE: 04 ~een st and obtained from all o~ees where no~iee i~ noste~ ~ ~ ' ~,. ~e,?~e%o~ the county executive Such notlee shaU also be puhi~[~ m me ome~sl newspapers o~ the ~ounty. Letting shall be at auction. The county may reject any and aH bids.. ~ny of such ]ands. adoDt re~ulatxons governm~ (~) appHcat[o~ for leases, (b) notices to be given, (c) ~e iorm and ter~ of ~e~ (d) the ~ransfer or renewal of ]aa~es (e) re-~urve~n~ and re p?.g where a]gmflcan~ change oecura m the h~gh water mark'a~ '~ where there are changes iu ra~g~ m~rkers or u~aticn a~a~-tK :~: ..~ ~r~ the pIaem~ and mamten~ce cf m~rker buoys /~ ~ ,, , t I met mac,ers as are approprm~e, mclu~B.~ - ~ ~8~ ..... ~t~ . ~he regulations :ay provide that b~for~ delivers o~ ~nS ' .':, " - ", · ";~ · ".' '~" '"' ~. ~ - I'- ..... · ' ....................... '~; "'~': '. '" '""'':" '. .... : '.~ ~ . ~:~7{'f';'"~;::;~ f." ""' - '"'"-;' "'- ,. "' ' ..... '"" '"' ."' '-' :$' ,~""~ ". ...... . · . · .. . ._ , , ' '' . .~. .~.t,~ :, · . .... 92., ," , ................. ' ....... ;i %. · .' : '. ~ ~.,. · . .'~. .. . . . . ,. , .... · ,. ;~. .:. ;~ · ..,.. % ~'(" PRGE;05 ? for collecting: ~nnUally, not later ti: twelve month "' :' !" ~" '"';J · '::-',; :.'.-.' · ...... '.- '" . ".." ' ':: ". ~: '" r.. '-. · .....::..':..;...[.. ...... ..., . , ..... ......: .. ..' ~,.. ...,. .· . . . .: . t available may be e ia nested and at [1 also be published shall he at public aw, before leasing ' (a) applieatioua ad ~erm~ of lea~es, :h water mark or vigation aids, (£) apu and eOpie~ of opr~aa, inelu~g ?cry Of any leas~ ~st a bond in afl' retied which the annual ~entsl .ali fovfei~ ~o the ~etion the depart': · ol ~he use of shellfish, such leased urvey~, and (b) ~ater which [ ou% pur~uan~ to" fibers eord~g deeds t~ ~eetiag lan~ cting y indexed~ :' he lease or upo~ ~romulgated ty, seven of the ' ~d govern ~ -- in lieu of ta.xe~t: general fun~ ~th the 991] L~w~ o~ Nr~w Yom% 1969 2445 sibility for collecting and accounting for such fees and rents shaI~ annually, not later thou April first, report the amount received for the twelve month period ending the las~ ~ay of the preceding }.~Yebruary, properly dlatrlbuted by fl~e several to~m~ involved, if ~eeea~ary. in the e~e Of rent or fees received for plo~ partly ia more than one town, and file such report ~th · e eomxty treasurer, the county executive, ~he clerk o! ~ke county body and the supervisor, of the ,everal towns within auc~ ]~=da are situate. No~ later ~an fifteen da~ after receiving suah report the county treasurer shall pay to the super- ~or~ of each of said several towns, for general tows purposes, ~venty-five per ee~t of the amount eolleeted 2rom fee~ and the ~nt of ~uch lan~ under water within the respective towns got the 'preteens year reported upon. ~ 9. Effect of other laws. ~ny provisions o~ chapter three hun- eighty-five of tho laws of eightee, hm~dre4 eighW-four, as or se,~io~ three hundred two of the eon~e~ation law, general or special law to the contrary nO~vith~anding, shall be controlling, but ali provis~o~ of aueh laws, specific, ~neral or special, not ~neo~istent herewith shall remMn in full and effect. ~ :j$'tO. Thi~ aa~ ~hMl take ~ffsat immodia~oly. CHAPTER 991 AC.~ ~uthorizing the ~i~y o[ Gleu Cove ~o ditpOSe of ~uch surplne lands .o pre,qe~ty designated for municipal, p~rk, and/or r~arc~iOnM uso a -1 t ~ha purpose of selling ~he Came a~ puhli~ sale and authorfz- 1~) grane and convey *ueh lauds to the purchaser ther~f ~u~e re,l~e~ ~urauant tO ~rtlale ~, a~etioa fl(b) (~} of the Constl. ny a majority vote, ~ree-flftht being' prescn~ ~c{ a~ folto~s: .~w Yorb, represented tn ff~mte an~ ~ssembly, 1, ~otwi~hStanding any inconsistent general, speeial~ or the city of Glen Cove may ~pose of such lands declared and which la.ds are pre,early deM~ated for m~c- sad/or reareat~onal use a~d purposes, hereinaEter Such lands having been heretofore acquired by such city m~icipa], park, and/or recreational purposes are not now for ~ueh purpose~ ~d have been declared surplus by sa~d the purpose of this get, sale thereof ~hall be ma~e at a ~le and the city of Glen Cove is hereby authorized ~o Erant such lan~ to the person purchasing such toads at such Inspections 1. 6E NI:-RAI_ CONDITIONS Iho Porl~llled s e or Fac I y ~HcJn~jrg relevant rocorrls is subject to spection ~['r'e~s~r~a~te tams "a~d 'ir~l'~rvals by whet~er, Lie )n, ' · . Conservation (:he . -t -:- t,a~lve of ~ .......... ,dy or'clef I'tlO ~,~,.~ ....... ¥.i], E}li.. /)erll~ ,~rcl con 11' , ¢""..7.., l'",'''''u' rnr:fU(llnq a r'ofer;'e,;-~--~,,..~-,,,,,¢~ all(j SAM 401(3) A t)epartmenI: representative Is a violation of this permit, Permit Changes and Renewals 2. The l)opart:ment: r'es~.rves I:he right I:o modl f.y, suspend ,or revoke I;hlr; per'role when. a) the SCOl)e of I:he permitted activity is exceeded or' a violation of any condition oF the permll: or provisions oF Hie ECL and pertinenl: regula- Lions ls fOtlrld; b) the [)er'mt~ was obl:atned by misrepresentation or failure Lo disclose relewmt racl:s: c) Hew mal:erial InFor'mal:lon ls discovered: or d) environmental condi[:ions, r'e'levarl~ technology, or applicable law regulation have materially changed since Hie permit was issied. r'enewgl I)itrlcatior or '. [ e ~rltten.~ppllcaNon 1;o l:'e De . ~,, renewal, mo(.Ifflcatlo ',~,- - .:,, ,-,ur.u~du~Ot the [)el)art~ . n or transfer granted by the Denart~tH-'~7: .'~W"'"u:?: /uty 4, ' ..... ~_, The permltl:ee musl; sub, lB a renewal al)ollcal lo . ' , ' :' - :. ) tazarclou., ,Waste HaHacjemrml: Fac l III. let; (IIWHF), maim Air' Pollution ConLrol (APC) and Sol td WasLe Facilities (SWMF); and b) ~0 days before explr'a~lc)n of all ol:her per'mit [ypes, 5. Unless ex]ress'ly )rovided F)F }y I:le De : - . .to IJe)ar ~II · · ] u ~t:r or ael. er FagOt [ 1. o~ any o[ the I. erms, cmdl' nn~ ......... order or deterlnl/labioH. [ ..... o ur ruqulrelllOHES conLaltled Other Legal Obligations or Per'mi~tee 6. lhe per'mil:tee has acce)l:ed express . ) full lqial r'esponsl) II~'v r,.,, ';.;,Y, ty the execution of the appIlcabl I. he of wha I. ovnr ............... ~u/mre(l. arising otlL oF [he project de.,crJbed l~l this per'mit arid h,ls agr'ood to JlldollirlJ[y alld savo harmless LIio S:al'o fPOlll $1IJ acLlans, dam]ges and cosl:s oF every r]al~o anti descrqpLIon r'esu pr'o Jeer:. ' .,. 7. l'his pm'mil: ((),,; rx)l. cotlvey I:o I:he perufl{:l:oo any rJghl: I:c) I.renpan,; ill)OfI I.HQ lands ~)~, lrll. er/'ere wil:h l:h6 riparian rights of others itl order Lo perform I:he pm'miLLed work nor does il: aul:horize I:he impalrmerlL of any r' Uhl:s til;le, (')r' lnt:eres~ In real or personal property held or vested in a per'~on nob a party the permit. ' 8, The per'f lb~ee Is responsible for obtaining any oU~er~?,mlts, approvals, ]ands, easemenEs and r~ghbs-of-way [hab may be required for cms project. Page 2 of 5 RICHARD F. LARK MARY LOU FOL TS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - p. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 (516) 734-6807 November 15, 1997 Southold Town Trustees Southold Town Hall 53095 Main Road Southold, NY 11971 RE: Gentlemen: Robins Island Preservation Corp. Submarine cable from New Suffolk to Robins Island We represent John Scott in connection with the application of Robins Island Preservation Corp. for installation of a power line/cable and easement. Enclosed is a copy of Mr. Scott's objection which has been filed with the State of New York. Any applications by Robins Island Preservation Corp. to the State of New York and the Town of Southold have all been submitted without the consent and permission of John Scott who is not merely an adjoining property owner, but an actual owner of the underwater property through which it appears the proposed cable is intended to be placed. Therefore, on behalf of John Scott, we would appreciate being notified of any meetings where this matter will be discussed with the Southold Town Trustees. RFL/m Enclosure Very truly yours, STATE OF NEW YORK : EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES In the Matter of the Petition of Robins Island Preservation Corporation OBJECTION for a grant in land under the waters of Town of Southold, County of Suffolk TO: STATE OF NEW YORK DIVISION OF LAND UTILIZATION COMMISSIONER OF GENERAL SERVICES Mayor Erastus Co~ning 2nd Tower The Governor Nelson A. Rockefeller Empire State Plaza Albany, NY 12242 ROBINS ISLAND PRESERVATION CORP. P. O. Box 301 New Suffolk, NY 11956 STATE OF NEW YORK: : ss.: COUNTY OF SUFFOLK: JOHN SCOTT, Objectant, being duly sworn, deposes and says: 1. I reside at 43540 Main Road, Cutchogue, New York, and I hereby object to the installation of a submarine cable across my underwater property located in the Town of Southold, Suffolk County, New York (Suffolk County Tax Map District 1000, Section 134.00, Block 03.00, Lot 009.000). 2. On November 5, 1997, I received the attached Notice marked "Exhibit A~, so it was impossible to file this objection by the 1st day of November 1997 as set forth in the attached Notice. 3. I acquired the underwater property known as Suffolk County Tax Map District 1000, Section 134, Block 03.00, Lot 009.000 by the following deeds: (a) Deed dated February 10, 1978 from William Mo Beebe, recorded in the Suffolk County Clerk's Office in Liber 8397, page 492, on March 7, 1978. (b) Deed dated September 14, 1978 from Edward Grocke, recorded in the Suffolk County 'Clerk's Office in Liber 8515, page 139, on October 17, 1978. 4. Since the purchase of the aforesaid underwater property in 1978, I have utilized same until the present time for aquaculture activities in growing, storing, and transplanting oysters and clams. 5. I am unclear as to exactly where Robins Island Preservation Corp. wants an easement to install an underground submarine cable insofar as my property is concerned and when Robins Island Preservation Corp. wants to install the cable. The location and timing are important to me because of the various types of aquaculture activity being engaged in at various times of year. 6. I have not been formally requested to give an easement to Robins Island Preservation Corp., nor has there been any discussion of compensation for granting of an easement. 7. I do not understand why Robins Island Preservation Corp. is applying to the Commissioner of General Services of the State of New York for a grant of easement over underwater property which I own and on which I pay real estate taxes. I cannot tell from the attached Notice if the Commissioner of General Services of the State of New York is being asked to in some way condemn my property or take away my rights in a portion of my property by the application of Robins Island Preservation Corp. The Notice attached as Exhibit A appears to be a form which is intended as a notification to owners of adjacent property when someone is requesting an easement over State owned property; however in this case I actually own some of the underwater land for which Robins Island Preservation Corp. is asking for an easement from the State of New York. Until I have received complete information as to the intent, nature, timing and proposed compensation for this proposed easement by Robins Island Preservation Corp., I have no choice but to file this objection. WHEREFORE, I hereby file this objection for the foregoing reasons to the grant of an easement to Robins Island Preservation Corp. for any type of underground line or cable crossing my property, especially since it might disrupt my aquaculture farming activities on this underwater property; and until I receive more information, my objection to the application of Robins Island Preservation Corp. is a continuing objection. ~0 S~a°~ttn ~oaO~jectant - P. O. Box 1168 Cutchogue, NY 11935 (516) 734-6278 Sworn to before me this 15th day of November, 1997 ~ary PuD±mc ~ RICHARD F. LARK Nota,'y Pubic, Slale of New York No. 7432500 - Suffolk County Cor,'~mkt¢~', E','~ires A~. 3I, t998 FOEM OF NOTIC~ OF PEWITIoN PUF~UANT TO ~ F~OVISIONS OF SECI~ON a, SUBDMSION o_ OF T~E FUBLIC I AIN'DS LAW. S-CA OF ¥OP. D p NT OmC oF s avzcEs In theMatter of the Petition of Robins Island Preservation Corporation fo~ a ~mt of'easement m land under the w~ters of : ~wn) (~ of Southold Counzyof Suffolk : NO~CE ,43540 TO: John Scott, 'Main Road, Cutchogue, New York '1 s J°u are hereby notified that it is the intention ~f the und. e~i~ned ~ apply on the d~y of November ,1997 , to the Commissioner of General Services, Albany, New York, for a g~ant of eaSement, pursuant to the provisions of Section ~, Subdivi- sion 2, of the Public Lands I~w in u~der water land of the S~te of New York, described as follows (insert brief, description of proposed ea~ment area including dimensions and use): Applicant propose~ to install a six thousand foot (6,000'), three and one-quarter inch (3 1/4") round inert submarine cable between New Suffolk and Robins Island at a depth of approximately five feet (5') b~low the bay bottom. The purpose of the cable is to provide Robins Island with communications and electrical power. The cable is proposed~to be buried under the following undcrwatcr parcels: 1000-134-3-9, 10 and 16 ttmt the upland of the undermigned~ adjacent to such land under wa~e~; adjoins or is in the immediate vich~ity of p~perty, the title or interest in which is held, or reputed to be held by you. -If y~u believe yourself t°be adve~ely~aff~ted ~bY~reaSon of Such grant of easement to the undersigned, you should, on or before the above date, i'fie with the Commissioner of General Services, Alb~y, New York, a remop~tramce stating your objectioms amd your reasons for op- posing the gr~tIng of such easement. The adjacent upland of the undersigned is located at:' Pe Island Preservation Corp. p, - PoSt Oflice~4XeSs: O. Box 301 - New Suffolk, New York 1195 Owner George E, Pataki Alexander E Treadwetl Secretary of State Glenn E. Just J.M.O, Consulting P.O. Box 447 Quogue, NY 11959-0447 November 6, I997 Dear Mr, Just: Re: F-97-706 U.S. Army Corps of Engineers/New York District Permit Application - Robins Island Preservation Corporation, Inc., Peconic Bay, Town of Southold, SuffOlk County The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to t5 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. rely, George R. Stafford GRS: WFM:dlb Director cc: COE/New York District - James W. Haggerty DEC/Region 1 - John Pavacic Town of Southold - Albert J. Krupski Dieddon of Coastal Resources and Waterfront Revitalization Voice: (518) 474-&20~ Fax: f518) 473-2464 Albert J. Kmpski, 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 $outhold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TRUSTEES: TOWN OF SOUTHOLD iD the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, C~C% E ~ ~ , residing at 1~ ~~ ~%t(~( elng duly~orn,[ depose and say: ~ That on the t~day of ~, , 199~ I ~rsonally posted the ~y placing the soarQ of Trustees official po~e~ Qher ~ ~ it can easily be seen, and that I have checked to be sure the poster has remained in place for sev~n days prior to the date of the P~hearing. (date of hearing noted thereon to be held ..~-~. Sworn to before me this Telephone (5~6) 765-180~ Town Hall, .53095 Main Road P.O. Box 1179 Southold, New York 11971 SOUTItOLD TOWN CONSERVATION A_DVISORY COUNCIL The following action was taken a meeting of the Southold Town C~ns'ervation Advisory Council held Monday, October 27, 1997: No. I~gLt The Southold Town Conservation Advisory Council. has NO RECOMMENDATION of the Wetland Application permit of ROBINS ISLAND PRESERVATION CORPORATIONS, INC. 13~t-3-5 to |nstail 6000 +/-' of 3 1/4" inert submarine cable between New Suffolk and Robins Island at a depth of 5 +/-' below the bay bottom. Foot of First Street, New Suffolk The CAC unable to make a determination concerning the project, therefore, could not make a recommendation. George E. Pataki Alexander E Treadwell Secretary of State Albert I. Krupski, Jr. Trustee, Town of Southold 53095 Main Street F.O. Box 1179 Sonthold, NY 11971 September 26, 1997 Re: F-97-706 U.S. Army Corps of Engineers/New York District Permit Application - Robins Island Preservation Corporation, Inc., Peconic Bay 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 consistency with the Coastal Management Program for your information and preliminary review. Please contact Walter F. Meyer, 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 reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the 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 that you have no objections to the proposed project. Sincerely, William F. Barton Chief, Consistency Review and Analysis Enclosures WFB:dlb Division of Coastal Resources and Waterfront Re'vitalization Albany, 2VY 12231-0001 Voice: (518) 474-6000 sFax: (518) 473-2464 ,~PEALS BOARD MEMBERS Qerard R Goetufinger, Chairman Serge Doyen, Jr. ~ames Dirdzio, Ir. Robert A, Vi!tn . Lydia A. ]brtora ~O, 8ox 1179 Sou~old, New York 1197i Fax (516) 7~-I823 Telephone (516) 765-1 g~ BOARD OF APPEALS TOWN OF $OUTHOLD NOTICE Subject: Variance Application - Lo,~s Moore Ba~on (Robins Island) L. ocadon of Property: .Robins Island off New Suffo!k, Town of Southold, County o£ Suffolk, State of New York. Zone District: R-400 Residential Attached is a Negutive Declaration under SEQRA as per Resolution adopted at a Regular Meeting of the Board of Ap~eats held. on Feb.rua~ 7~ 1996. ' Based upon reviews and evaluations of information ~ur.~ished in tbJs record, and after cousldering the criteria listed under Sections 617.6, 617.7, and 617.11, and comparison of impacts whick may have been reasonably expected to result from the proposed action, the B(mrd has declared that the implementatioll of the action as proposed in this project will not result ia significant adverse environmental im.pac{s. The attached Declaration has been prepared in accordance with Sections 617.6~ 617.7, 617.11, and 617.12, and was adopted pursuant to a Resolution of the Board of Appeals, as Lead Agency, at its Regular Ma~tlng held February 7, 1996. Accordingly, the attached Not/ce is hereby coordinated and filed for pub/dent/on in accordanc~ with Sections 617.6, 617.7 and 617.12 of the New York State Environmental Quality Re~iew Act. For further- information please contact the Oftice of the Board of Appeals, Attn: Linde KowatskJ, or Gerard P. Goettrlnger, Boa.rd Chairman, 53095 Main Road, Southold, New York 11971, tel. 765-i809. ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2/7/96 Gerard p. Goekrlnger, Chairman APPE,~L$ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora Southokl Town Hall 53095 Ma~n Road Ed. Box 1179 Southold. New York 1197 I. Fax (516) 765-1823 Telephone (516) 765-t809 Date of tiffs Action: LEAD AGENCY: DD RES~: BOARD OF APPEALS TOwN OF SOUTHOLD TYpE I ACTION NEGATIVE DECLARATION Determination o~ Non~Significance Februa~r 7, 1996 Southold Town Board of Appeals Towns Hall, 53095 Main Road Southold, NY 11971-1179 This Notice is issued pursuant to 6 NYCRR Part 617 of tJte implementing reg~Iations pert~n~ to Article 8 (State Environmental Quality Review Act), of the Environmental Conservation Law, and pursuant to Chapter 44 of the Code of the Town of Southold. The Boavd of Appeals, as lead agency, has delerafined that the proposed action described below will not have '~' ' sigr~ncant adverse impacts on the environment and a Dr-aft Environmental Impact Statement w~ eot be prepared. PROJECT .DESCRIPTION: Application No. 4354 flied for proposed height variances a~.d other variances related to occupancy of subordinate builc[ings on Robins [sIand wtzich contains 43~+- acres, siena're near the waters of North Race~ recede Bay, off New S~foik, in the Town of Southold, County of Suffolk, New York. County T~ Map ID No. 1000-134-3-5, more particularly · described in the Robins Island Proposed Plan Schematic Dia~m and other related rice,ants aub~tted for consideration trader the subject application. T~o t - Pro~erty ~ ~'tbiq a Cri~cal Enviroumental Area. SEQR TYPE: REASONS FOR DETERMINATION: ~. Iz~itiai Coordination. A eoorriinated', review commenced November. ~6, t998 with all involved agencies and furnishing copies of the full Long Environmental Assessment Form, the application, maps, and related docu- ~Sac. 617.8a(6) FRI 18:22 .NINON HARGRAVE FAN NO, 5168 27337 P, 04 Pa~e 2 of ~ SEQRA Determination' Robins Island Project February 7, 1996 mentat~o.a. No o~JjSctions were submitted by any involved agency. Written agency responses indicated that other penmit procedures have no[ as yet been comple[ed (NYS Department of Environmental Cmme~va~on), and the Southotd Town'rruste_s~ eon.firmed its completed ~views under the Chapter 32 (Docks) and Chapter 97 (Wetlands),' and condition~ pe~ts in effect. a) By resolution of December 6, 1995, ~e designation of the Southo[d Town Board of Appeals as the a~eed-upon ~d Agency was co~ffirmed with an effective date of December 15, 1995. b) The Robins Island Proposed Phn, ~ ~et for~ in the project Description of Attachment "A" with the appH~nt's fur environmental assessment form, was reviewed in its entirety, although only certain areas apphca~mns were r~qulr~d to be filed under the juris~c~on of the Board of Appeals, and that not alt the applications that the applicant may eventually be required to submit to o~her involved agen~s have yet been . submit~ej. c) If viewed independently, most of the activities contained in the ~ rLr.~osed~ Plan. we. re ,Type II Activl~ms, not reqturmg further- SEQRA review, as they mrge~y mvmve maintenance and repairs of existing structures, the r~p!acement of facilities, construction of a single-family home and the construction of ag-riculturat buildings and accessory structures. Howeve~ the applicant and [he Lead Agency found it proper ~o view the P~oposed Plan in ~ts entire~y so that it could be understood and evaluated. 2. Type of Pro,oct. This project was coufirm~d by Board of Appeals' Resohttion adopted December 6, 1995 as a Type I Action (CEA), with an effective date of December' 1.5, 199S. 3. Review of Long EAF Part I and Attachment A. The Long EAF Part I and Attachment A submitted by the applicant trove beerz fully reviewed and evahmted. ,'¢. Preparation of Long FAF P~rl II. The LEAF Part II checklist has been completed. 5. Field Inspection. A~i inspection of Robins Island and elements of the Proposed Plan was attend, ed by members of %he Board of Appeals, Town Board, P[annin~ Board and So,flor Planner, and Town Attorney. 6. Request fo~' Additional Info~mation. A list of addlt~onat comments and relevant areas of concern, in response to questions submitted t[lrot!gh the Boar~t Chairman, r~.g~ardil~.g the project ~nd variance application, was provided. ?. Review of Applicant's Respoo. sea and Additional Info~mation. The appifeanUs additional informadon and responses to the addi~onal questions and comments were ~eviewed For adequacy, and ev~uated by the Board. Reviews of all info,,marion cont~ued un~fl February 7, ]996. · Page 3 of 5 S~QRA Determ~uat£o~ Robins I~iand Pro~ec~ February 7, 1996 g. Full Record. After review and analysis of all docutnentat~on in the Board of AppeaIs'.record, including but not R~ted to general testimony and reports from consultant% received at the December 6, 1995 hear~ng~ ~r~nuary 10, 1996 hearing, and February 7, 1996 he ring, the reco~d was found to be complete. After ea~.fut consideration and reasoned elabo~tlon, it was determined that th~ P~oposed Plan ~tl not result in an~ s~I~i~at adverse impacts on the en~onRlent. . 9, O~er. T~s project Is not located in an A~c~ltur~ Distr~ct provided under Section 305 of Article 2S-AA of the A~leultttr~ ~d Markets Law~ sub,vis/on (4). I0. Additional Fl. nd~. Add~o~ally, aH the er~tsr~a continual Soc~ons 617.7c and 6i?.tl has be~n evaluated and analyzed by' the Lead A~ency (Board}, and the Board hereby deter~nes the fotlow~ng: a) Tile proposed forest and wetlands mann,oRient w~t have numerous benefits ~nctudh~: Hm~tation of access to forest management areas, limitation of access to coastal are~, restoration of south pond and adjacent ar~as, rmnovat of invasive forest species, re-establishment of forest ttnderstory, and estab~shment of g~ssed areas us~ ~ss seeds harvested fl-On] other parts of the isl~d. b) The prgposed plan ~I1 effectlv~ty protect 'and ecolc[ical resources m~d aqu~er recharge zolle,' ensuring t~h quarry potable water supply for the island's i~abitants. e) Tho proposod development of ponds (applox~mat~ly three acres, mor~ or less) on tho northern por~on of the island ~H have positive benefits including: f~e protection, habitat creation, drinkin~ water for wfldl~ and aesthetics. d) Top soil and subsoil associated w/th proposed excavation activities are to be reclaimed for landscaping and.roadbeds. e) Clearing of e:dsting vegetation (other theal that related to forest and wetlands management) will be limited, to approximately five acres of tile 435 acre istand. ' f) Proposed impervious surfaces will be limited to pprommatety two acres of the island. g) Requested occupauc¥ and height variances 'will not result in an adverse impact in terms of environmental and planning cousideratio~s, parti~ eularly in ~ew of ~ Iow over~l ~ ~tenmty of use of the island as a whole. ~sec. 617.6b(!i) "$E i2 97 FRI 18:2, · NIXON N RGR VE Page 4 of 5 NO, 5188327337 SEQi~x Determinat!on~ Robins Island Project February 7, 1996 P, 08 h) Visual c]~anges from perspectives along the north and south forks attd Peconic Bay are Hmite,:l to the proposed boathouse and Family Vacation Home buildings, whioh are not exq)ected to be si~icant due to the low ~ntensity of use, setbacks, 'eonsistene~ ~th tradition~ ~esfden~al and maPitime use of tile island, arct~tectural design, existin~ natul~l contours above mean sea leve{, na[u~l forest areas and proposed new tree plant/nK i) Applicant ~dll bo conforming to appropriate standarcis under the $.uffolk County Sanitary Code' With respect to potable water supply, sanitary deposal and ~torage of hazardous materials. j) Proposed erosion and stormwater control measuz-es have been shown to be adequate. k.) Sufficient setbacks have been provided between the tm) of the bluff and the proposed buildlngs, to ens~lre longevity and provide Ndequate slope maih tenance. 1) Building permit ~)tans wi.Il be submitted for specified uses, and furthe'r review for co.~form~ncm with the above performance stat~.da~,,ds an.d those described in the Full EAF Attachments A and B can occur at that time, m) The ZBA and/or other Tow-a, County and 'State' agencies have the ability to r~view other actions pertaining to Robins Island not currently proposed but wkich may be contemplated in the future. 'Tiffs application addresses the comprehensive planning of the use of Robins Island in a non-segmented compr~.hensive approach to aid in the protection of the island's unique environmental resource~ and su~ounding waterfront areas. n) The proposed accessory hellpad 'also provides emergency access to the property. o) In considering and evaluating the proposed electric ,'md other utility elements, no additional information was found to be necessary as proposed for the residential,, anti agricultural, uses of the land unde~ Plan. p) There x,rllt be no substantial adverse chtuzge in exJsting air quality, ground or surfac~ water quality or quantity, and traffic or noise levels with the implementation of the Plan as proposed; q) There will be no substantial increase hi solid waste production or in the potential for erosion, flooding, leaching or drainage p~oblems under tiffs Plan. r) The Plan avoids impacts to significant habitat areas, to threatened or endangered species of animals o~, ptants~ and to the natural and cultural resources of the.property. K,U( s) The .plan does not remove or destroy large quantities of vegetation and hq fact leave~ more thm~ 90% of the property largely in a natural sta~e. .. t) The .Plan' is consistent with the Town's goals of protectin~ large quantities of open space as set forth in the Southold Town Code and the Southold Town Master Plan. ' u) The Plau does not threaten the health, safety, or welfare of the local commun/ty nor does it adversely impact the neighborhood character. v) The pt'oposed uses envisioned in the' Plan are cons/stent with the kistory and use of the property as a p~'ivate, non-commercial shooting preserve with a residential, agricultural and forestry component ~d thus the P~an does not present a substantial change ~ the use, or intensity of use, of the property, DETERMINATION Based on the above i~fformation and analysis, the following support- ing documentation, including but not limited to the Long Environmental Assessment Form (LEAF), Attachment 'A' to the LEAF dated November 1, t995, Attachment 'B' to the LEAF dated February 2, 1996, comments received 'from the public and the other involved agencies, and the responses of tile applicant's agents and constdtants, the site inspection held on December 2,.' 1995, Town hearing~, the Board of Appeals concludes that the .proposed Plan will not result in significant adverse environmental impacts, For Further h~formation, Contact the following Agency: SOUTHOLD TOWN BOARD OF APPEALS Gerard' P. Goehringer, Chairman Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Phone No.: (516) 76,%1809 Copies of this Notice. Sent to: Local Regional Office - NYS 'Department of Environmental Conservation Environmental Notice Bulletin, BEP, Clifton Park, NY 12065-5013 Suffolk County Department of Health Services, Riverhead, NY Office Suffolk County Department of Planning, Hauppauge, NY 11788-0099 Southold Town Trustees, So.uthotd Town Hail ~out. hotd Town Hall ,Bulletin Board - Ma/m Lobby (foe Posting) . / pplicant - ¢/o Kevun S. Law~ as Attorney, Garden C/tv, NY 115301/ Original Flied witil Office of the $outho[d ~own Board o'f A peais · p Southold Town Superv~s6~, Town Board Members, and Town Clerk Info Update for Sou~hold. Town Plannh~g Boa~xi and Offlce~ Town Hall Environmental Consulting Servic OCT - TOWN OFSOUTHO/Di uo~.oo~r 8 1997 Mr. Albert J. Krupski, Jr. Presidenv Board of Town Trustees Town of Southold, Town Hall P 0 Box 1179, 5~0oo Main Road Southoid, N.Y. 11971-1179 RE: Robins island Preservation ~ _ ~ ' '~ ~OrDo~ a~t~ ~ i~c. Submarine Cable Dear Mr. Krupski: Enclosed please find a copy of the N.Y.S.D.E.C. approval issued for this 5 ~ pro~e~t~ Should you have any comments or questions upon your review of this materiat~ or the proposed project in general~ please feel free to contact our office~ G~o: arh Most sincerely, ~lenn E.~ Just~ Phone (516) 653-0607 · Fax (516) 653-3348 121 ]essup Ave * 2nd Floor ~ P.O. Box 447 Quogue, NewYork 11959-0447 New York State Department of Environmental Conservation Division of Environmental Permits Building 40. SUNY, StoIw Brook, NY 11790-2356 Phone '(516) 444-0366 Fax # (516) 444-0360 September 29, 19~7 Robins Island Preservation Corp. Inc. P.O. Box 301 New Suffolk, NY 11956-0301 REI 1-4738-00950/00019 Dear Permitteel Ill col]formatme with the requirements 'of the State Un']form Procnduros Act (ArtJcln 70, ECL) and its implemonting rogu]al:].ons (6NYCRR, Part 621) we are enclosing your permit. Please r~ad all conditioI]s carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at t;he project site and protected from the weather, Environmental Analyst I JAW:c~ enclosure m DEC PERMIT NUMOER FACILITY/PROGRAM NUMBER(S) YORK S1AIE DEPARIMENr OF ENVIRONMENTAL CONSERVMION :T Under thc Environmental, Co:me:vet (on Law EFFECTIVE DATE Saptenf~r 29j 1997 EXPIRATION DATE(S) September 30, 2002 TYPE OF PERMIT · NoN E) Renewal D Modification [] Permit to Construct D Perlolt to Operate I Article 15~ Title 5) Pr'otectton · 6HYCRR 60/h t~ater Duality [] Article 27, Htte 7~ 6~YCRR of ~ntere Certification ~60s florid ~nate ~nnmaement Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long lstnnd Wells Arttcte 15, Title 27: Wild, Scenic end Recr'eatlona[ Rivers [] Article 17, Titles ?, 8: RPOES [] Article 19r Air Pollution Control Article 23, Title 27: Mined Land Reelmnatlon E1 Article 26: freshwater Wetlands · Article 25: Tidal Wetlands Other: C] Article 27, Tltte 9t 6NYCRR 373: Ilnzar.dous Waste Mnnagement [] Article 34: Coastal Erosion Management D Article 36~ Floodplain Mnnagnm~nt Articles 1, 3, 17, 19, 27, 37~ 6NYCRR 380: Radiation Control TELEPIIONE NUMBER (516) 734-5134 TELEPHONE NUMBER (516) 653-060? PERMIT ISSUED TO Robins Island Preservation Corporetion~ Inc. ADDRESS OF PERMITTER P.O, box 301 New Suffolk, NY 11956-0301 CONTACT PERSON FOR PERMITTED WORK GLenn E. Just - JMO Consulting P,O. Box 447, Ouogue NY 11959-0447 NAME AND ADDRESS OF P~OJECT/FACILITY l New Suffolk - Robins Island Su~artne Cable Installation for E ectrontclTetecomnuntcattons Lines LOCATION OF PROJECT/FACILITY Frc~n Fir'at Street tn New SuffoLk to the south shore of Robins Island COUNTY TOUN WATERCOURSE Suffolk Southotd Peconlc Bay DESCRIPTION OF AUTHORIZED ACTIVITY NYTM COORDINATES 712.5 M) 539.8 Install epproxhlmtety 6000 Linear feet of 3~" su~nnrlne cable from New Suffolk to Robins Island for elect:Ice[ power end co~r~nunfcattons. The project shall be In accordance with the plan end project description both stamped NYSDEC approved on 09/29/97, By ncceptnnce of this permit, the permfttee egress that the permit te contingent upon strict con~llmlce with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included aa pert of this permit. PERMIT ADMINISTRATOR: J ADDRESS ........... ~......... Roger Evans JXN ) Bldg. 40, SUNY, Room 219, gtJny Brook, NY t1790-2356 AUTIIORIZED SIGNATURE /~ ~ DATE ......... ........................ Septo, er 29, ,9. I"V? GENERAL CONDITIONS Inspections 1. The permitted slte or Facility, including relevant records, is subject spection at reasonable hours and intervals by an authorized representative of the Departmenl: of EnvJronmental Conservation (the Department) to determine whether the permlttee is comply, ing with this permit and_ the ECL, Sucil represen- tative ma.y order tile work suspended pursuant to ECL 71 0301 and SAPA 40! 3 copy, (!f this pe!',lit, Including all referenced ,laps, drawings and conditions, must De available For inspection by tile Department al: all times at the ?oject site. Failure. to produce a copy of the permit upon request b a Department representative is a violation of ~his permit, Y Permit Changes and Renewals 2. The !),epa?,tment res~r'ves tile right to modify, suspend,or revoke ~hls permi~ when: a) Erie scope of the permitted activi'ty is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions Is Found; , b) the permit was obtained by misrepresentation or Failure to disclose relevant Facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued, 3. The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any for,Is, Fees or supplemental information the Department requires. Any renewal, modification or transfer granted by 'the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits 'For State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (IIWMF), major Air Pollution Control (APC) and Solid Waste Management Facilll;les (SWMF): and b) 20 days before explraMon of all other permit types, 5. Unless expressly provided For by the Department, issuance of this per' it (Joes !l?t ![IOdl F.y, s!.lpersede or~ ?sc!I,~d any order or determination pervlously issued b Ene ueparm, enE or any o1' ~ne cerms, conditions or requirements contained In suc~ order or determlnaMon, Other Legal Obligations of Permittee 6. The permitte~ has accepted ex?,ressly, by the execution of the applicat on, tile full,legal responsibiIity F?,F all damages, dlrec~ or indirect, of whatever nature and by whomever suffered, arising' out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and desGription resulting From this project, This permit does not convey to tile permtttee any right to trespass upon the 'lands or' interfere with the riparian rights of others in order to perform tile permitted work nor does 'it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a pets. on not a party to the permit. The permittee 'is responsible for obtaining any other permits, approvals, lands. easements and rights-of-way that may be required for this project. Page 2 of 5 ADI)IIIONAL GEN[RAI. CONDITIONS F¢)R ARTICLES 15 (Tille ,~), 24, 2,~ 34 and & NYCRR Parl 608 (_.__T~da!_Wetland ) oth~,r environmentally deJetortous mntmhd~ n~ociah,d wllh tim project, Any material drml~d in the I)ros~cutinn of tim wnrk hen,in tm. Tnth,d th~ hod Of a w~qlorw~y or [Ior)dphlht nr do~.p hoJ(,~ that re,IV JhlVO a ~ w~torwfly ri hole d~all he no unm,isonnhh~ thin, rtl,mm e wi~h navi~,~llim hy Itu, work herein authnrJ~eJl, Il UIHH) lira ~xpirallnn or revnc~/I,m nl IhJ~ I.'rmll, th. pr.j<.~ t nrw portion of tim tlm:ompJoh, d qlrHclurJ* ol fill 8mi re*tor*~ tho ~11~. If ~hllllOd tllidPr (i NYCRR Ihut ill)il, thn NY~ D~,p,lrJlllejll of I nvlmn. nmn/al Conq~rvallon Jmrohy r. Hlfl.~ Ihal Hn, ~uhj~c/prnjm t will (PL gB-217] provided thai nil nf Ihe COlJ(JJJJoll~ JJ~lt,~j hl'rl,Jrl ,Ir~ nmi Of tho pemlJt applJc,~tlon, Ag~oved ......................... .. 9-29-9'I SPECIAL CONDITIONS The npplicm]t shall Ih'st secure easements I'rom the New York ,State Ollice of(leneral Services nnd Suflblk County prior to regtdated activity upon lands requiring easements, All vegetated uphmd areas shall be replanted within 90 days ofpro, ject completion. I)isturbance to vegetated tidal or freshwater wetlands is prohibited. I)uring coasmmtion, concrete or leachate shall not escape or be discharged, nor shall washings Ii'om Irnnsit mix tracks, mixers, or other devices enter tidal we]hinds and or protecled bull?ar areas. Any debris tlr excess material I?om construction ol'lhis project shall be complelely ,'emoved ii'om the ac[jaceat m'ea (upla ~d) and removed to an approved uplancl area lbr disposal. No debris is permitted in tidal we]hinds mid or protected bullbr m'ens. I)lC P[RMI[ Ntt&till It 1-4738-00950/00019 I)R/)t;RAM rACII I [Y NUMlt[ R , 3 5 I ago ~__~_~ of ~ For Article_ NIW Yf)RK !;fAil I)i'i,^RiMi~N10I [N",'II~ONMI NIAi. CON'~IRYAIION SPECIAL CONDITIONS { Tidal Wetland a. OJ All areas ol'soil disturbance resulting £rom ti]is project shall be stabilized immediately following prqjecl completion or prior to permit expiration, whichever comes Ih'st. The al)proved methodologies are as Follows: 8hlbd~zatmn of tile entire disturbed area w~th approprmte vegetation (grosses, etc.), Temporarily stabilized wilh sh'aw or hay mulch or jnte matting or other similar rialto'al Iiber mailing wilhin I week of final grading, Temporary stabilization shall be maintained nntil a nmmre vegetative cover is established. The slorage ot'cm~struclion eqtfipment and nmterials shall be confined lo within the project work site am or npland areas greater than 50 linear tBet From the tidal wethmd boundary. All tlislurl~ed re'cas where soil will be temporarily exposed tlr stockpiled liar hmger limn one (I) week shall be contained by a contlnnous line ol'staked hay bales/silt curtain (or ot let NYSI)EC apl'n'ovcd n]elhod) placed on tim seawm'd side between the Iill mid wethmd or protected buflbr area. Tarps are authorized to supplement these approved methods. l)redging is prohibited fi'om June I - September 30 orcach year to protect spawning shellfish and/or spawning finfish, 10, The use ora dragline lbr dredging is strictly prohibited. 8upl~leme ltary Special Condilinns IA) through IF) Attached D~'C P~RMI'~ NLJ/',tlIf R 1-4738-00950/00019 FACILITY ID NUMIII~R PROGRAM -f Page_ 4_.of ....... 5 SUPPLEMEN~T_~y SPECIA5 CONDITIONS The following conditions apply to all Tidal Wetland.; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: A. ~ copy of this permit, including all conditions and approved plans, shall be available at the p o]ect site r ' whenever authorized work is in progress. The permit sign enclosed with the ~ ' p-rmlt shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. B. The permittee shall require that any contractor, project engineer, or other Person responsible for the overall supervision of this project reads', understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms ~nd conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. C. If project dssign modification~ become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. D. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed otiflcation form n certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. E. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to reccmmencing work in subsequent years. F. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Bdilding, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00950/00019 Page 5 of 5 PROJECT DEoCRIP~ION Applicant proposes to install +_ 6,000' of 3 1/4' inert submarine cable bet~{een New Su['folk and Robins Island at depth of ! 5' be[ow the bay bottom, The purpose,is provide Robins Island with electrical power and~ communications. The c~blb itself is inert, m~d c~nta~ns Fluids. The project, wbi. ob shall take two days to eomplel;e, slm].L begin ~t a Liloo specified meter cabinet (3'x 8') locaL',ed at Firmt Street in New Suffolk ( S.C.T.M.No, 117-.8-.19). 'I'bo meter cabinet ~lm. ll be located at a point 97' landward of ~he Tidal We~].anda Boundary. From thia low tide, a i: 41.0' lo,a and 3U" deep treIioh shall be axeavat.,ed acroaa to parcel (S.C.T.~.No. 1000-117--8-20) Mean Iligh Water [,ine. The cable shall be immediately tnata].ied and but'led, Begtrming aL the H~an lligh ~ater Line, ~he cable ahall then be buriad J.n the bay bottom. The inmtallakion ut;ii, lac a ~llPpork veaao.l ~llld a water jet ruled, The ve~el ~halJ unreel the cable while the ~ater jet ~].ed buriea ~be cable. The water jet aled i.a a rubber tired vehicle which tuna at:cp t;he bny bottom, The water jet a]ed uti].iznn a high prenm~re ~nter jet with a 9" ntinger which will a 12" wide trench and bury the cable at ~ 5' below the bay I)ottcm. The inntaltal;ion o1~ the cable shall' be monitored by teehnieinna on ahore and a diver. Once I;be nupport vesne] ami water jet ~led reaohea the ~hore of Robiu~ I~land, the cable ~hn]l then be placed Pre.~'dug trench (3U" deep by ~. 30~' long) go i~'a termination location, The trench shall then be immedia~ely filled, ~.~ -i'1"17 New York State Department of Environmental Conservation Division of Environmental Permits Rm 121, Building 40 - SUNY Stony Brook, New York 11790-2356 Telephone {516} 4dd-0365 Facsimile (516) 444-0360 AMENDMENT TO PERMIT John P. Cahi. Commissioner Louis Bacon C/O Peter L. Trexler Robin's Island Preservation First Street New Suffolk, NY '11956 Dear Mr. Bacon: Date: October 4, 1997 Re: Permit No. & Location: 1-4738-00949/00004 Boat basin - end of First Street New Suffolk, Southold Town Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. The expiration date is extended to October !0. 2005. Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the Permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: The use of the dredge material by the Town of Southold for beach nourishment and/or dune creation within the Town. The dredge material must be returned to the coastal system within the Town of Southold and cannot be used for any other purpose. The material may be placed directly in areas where the Town has a current NYSDEC permit for such placement or the Town may make an application for permit to place the material in coastal areas previously not considered. This letter is an amendment to the original permit and, as such, shall be available at the job site whenever authorized work is in progress. Ail other terms and conditions remain as written in the original permit. cc: Costeilo Marine Town of Southold file !~zt~,.u_Iy yours, Roggr Evans Pei~it A~ministrator IH,;I'UIJN TIII~ IrORM Ih1,.Imml Mmml;er Ih,i-imu of M.rine Ilnblt.t N(,tv ¥,orlt ~$11e I)('l)arhlll'll( of I*~llYh'olllllellhll IIl(l~, d0 - ,NIIIXI¥~ Room 2Z1 Si(my Ih'ool~ NY 11790-2356 PERMIT NO.: ~ SSUED TO: CONI*RACTOR NAME: ADDRESS: ........ .h~lln IL f'ah01 TELEPIIONE: i.)¢nr Sir: I'ursuam lo S.l.,I.ff~menh.y Sl,'~chd Condition I) or (lie rel'erenccd pe. rmil, you m'e hercby nolilied ihal the fltllholltT/.'(I m:livily sh;l!l comme, m'.e on We certify Ilull we hiwc lell(I Ihe lel'rumced I,'~mil iu,I wilh General Co.dilion No, I, i,i~,RM iTTi[i~, I)ATE CON,ri,tACTOi~, I)ATF, T/IlS N¢)1'1C1~; MUS'T IIF, 5'I;NT TO Till,: A IIt)t~l~ AI)I)RI~SS AT I,I~AST TWO l)J I'S IN AItVAN(.i~ Of LOMMhN~.fiMI~NI OII IlL I RO.~I. I,'AII,UIU~ TO IU,;'I'URN Tills NOTICE, PO,ST TIIK I'ERMIT SI(IN, OR IIA VI~ TIII~ I'I~IIM~T ANI) Al'PROVED I'~,ANS AVAIl,AlII,b;/~ql~' WOlfE ,S'ITI,: MA I' ,~1II1,11~(,'1' TIlE I'IUIMI'I'TI~I~ ANI)/OR CONI'IIACIY)I~ 7~) AI'I'I,ICAIII,h ,~ANCTIONS AND I'I~NAI,'I'II~S' FOIl N~~ COMPLIANCE WITII PERMIT CONDITIONS, Cut alot 9 ti Is Ifn~ ............................................................................................................ NOHGE_ OE_ C OMEI. EIION- lti~,TLII~,N Tills FORM T(): Ileglounl Mnunl[er lb.'rm, d' Mm'hie II.hlhd I'roledhm New York Side I)el~m'hm'nl o1' I,;.vlromueldld (~o.servldlo. Bhlg, 40 - SUNY, ROOlll 223 Sh)lly Ilrook, NV 1179()-2,1S5 ,I.hn P, PERMIT NO.: /'~ li/)~77-00 ~,..j'O/~_./00/~ CONTRACTOR NAME: ~. ADDRESS: ISSUED TO: TELEPHONE: . Dear Sir: Pursuant to Suplde, mentary Sl~ectal Comlitton 1) of die leferenced pcrmil, you nro hereby nolificd Ilu~l Ihe tmlhortzcd adlv'ly was coinl)lcled OII ._. We have fully complied wilh Ih~ lerm,~ and condition~ of dmr I~ermil, nnd npl~roved phms, I'IIRMI I I EE DA'I'E CONTRACTOR I)A'I'I;~ Tills NO Tit 'E, WI TII I'110 I'()(;RA I'115 OF (tOtltl'l,ETl,:l) WORK A ND/OR A C()MI'I,I~;I'I~,I) ,~;UR VR l' ', A S A I'I'ROI'IUA 1'1~, ] lUST IlK ,SIfN'I' TO 7'IIK A I1(}1/1~ AltlJRKSS WII'ItlN JO DA I',S' OF COMI'I,I~IION OF 'l'lll~ I'RO,IIfCI', I,~II,URR TO I)0 SO WILl, I{IfSUI,T IN A COMI'LIANCI~ INSI'I~CTION III' N}'SI)I~C ,~'I~FF, 0 o~ LU