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Home My WebLink AboutTR-4701&lbert J. Krupski, President ._ Holzapfel, Vice President Jim King [,;:¥ Martin H. Garrell " Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179- Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-I823 office Use Only Coastal Erosion Permit Applicatio] -~-Wetland Peimit Application Grandfather Permit Application Waiver/Amendment/Changes /~Received Application: ___~-Received Fee:$ t~ompieted Application .Incomplete ~SEQRA Classification: Type I T!rpe II Unlisted Coordination:(date sent) CAC Referral Sent: /~~ Date of Inspection: Receipt of CAC Report: Lead Agency Determination:__ --Technical Review: Public Hearing Held: Resolution: N~ne of Applicant Richard Zeidler Address 4420 NE Joe's Point Rd, FL 34996 Phone Number:(561~ 225-0123 Suffolk County Tax Map Number: 1000 - 145-04-15 Property Location:Row off Peconic Bay Blvd. (provide LiLCO Pole ~, distance to cross streets, and location) AGEI~T: En-Consultants, Inc. (If appiic~b!e) Address: 1329 North Sea Rd. Southampton, NY 11968 Phone: 516-283-6360 FAX~: 516-2~3-6136 Board of Trustees Application GENERAL DATA Land Area (in square feet): 28,355 Area Zoning: R-40 Previous use of property: Single family residential Intended use of property: No change Prior permits/approvals for site improvements: none Agency -Date x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a gover.n~ental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessary): see attached. Board of Trustees Application WETLAND/TRUS~ LANDS APPLICATION DATA Purpose of the proposed operations: erosion control Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? 25 c~bic yards How much material will be filled? 25 cubic yards Depth of which material will be removed or deposited: 4' below ALW feet Proposed slope throughout the area of operations: No change Manner in which material will be removed or deposited: Dredging via clam shell bucket crane. Resultant spoil to be deposited by crane. 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): Temporary effect on tidal waters. Dredging operations and install- ation of bulkhead. Board of Trustees Appllca=!on County of State of ~1~-~ ~ ~ 7~%~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR TS!E ABOVE DESCRIBED PER~IT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIE~, AND T~AT ALL WORK WILL BE DONE IN THE MASFNER SET FORTH IN THIS APPLICATION AND AS MAYBE APPROVED BY T~E SOUTEOr.~ TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUT~OLD AND TR75 TOWN TRUSTEES HARMLESS AND FREE FROM AR~Z AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTW.~. IN COMPLETING T~IS APPLICATION, I HEREBY AUTHORIZE TEE TRUSTEES, .~I~.~. AGenT ~ S) OR REPRESYl?~ATIVES ~ ~ ~ TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS Notary Public AUTHORIZATION (where the applicant is net the owner) (print owner of property) residing at ~ ~ ~_70~-~ (mailing address do hereby authorize (Agent) to apply for permit(s) from the ,~/~/~7~~~S°~ Bo~rd of Town Trustees on my behalf. Owner ' s ~anure ) 14-1§-4 (218?)--Text t2 PROJECT I.D. NUMBER 61 7.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I . APPLICANT/SPONSOR I 2. PROJECT NAME RICHARD ZEIDLER BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Municipality $OU't*~OLD County SUI~OLK SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, eh3., or provide map) ROW OFF PECONIC BAY BOULEVARD, LAUREL, N.Y. 34996 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: SEE A'I'FACHED 7. AMOUNT OF LAND AFFECTED: Initially .63 acres Ultimately .63 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? IX]yes LJ No If No, describe briefly 9. VVHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] IndUstrial [] Commercial Describe: ]Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? IX] Yes LJ No If yes, list agency(s) and permitJapprovals TOWN OF SOUTHOLD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E~Yes [] No if yes, list agency name and permit/approval 12. AS A RESULTOF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ROY L. HAJ-E - PRESIDENT Date: Signature: 11/6/96 I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER Project DescriDtion Remove & Yeplace (in same location) 128 linear feet of bulkhead on southwest side of property. Remove ('2) angled sections of bulkhead and replace with (1) 30~ section to connect north and south bulkheads. Dredge up to 10' in front of 100' of bulkhead to maximum depth of 4' below ALWo Resultant 25 cubic yards of spoil will be used for backfill. Bulkhead elevation will match adjacent bulkheads. TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Office Use Only: Coastal Erosion Permit Application astal Erosion Variance Application tland Permit Application iver from Chapter 97(Application/permi Trustee Lands Permit Application Grandfather Permit Application Completed Apps. Date:?-~/~? !~-Inspection date: CAC comments-Date: Sent__Rec. Variance Required: (Y/N) Neighbors notified-Date: ~ SEQRA Type ~D~%~ Coord.: Date sent SEQRA Determin./date: Public Hearing/date: Findings: Approved (Y/N)~ Special(see file) Conditions: Permit(s) issued-date: DATE REC.: Application Fee ~ Application Number;SCTM$1000- %~~ ~ Applicant: ~ ~~~ f~ ~7~ ~ Phone Interest: (owner, consultant,lessee,etc.) Owner of Property: ~_~_eff~_~_~m~- Date: Address ~o_~ Phone [ ) Subject Property Location: (Provide LILCO Pole ~, Distance to cross Streets if not on location map) THIS IS NOT A PERMIT Page t Yds. to be excavated: YdS, to be filled: Manner in which material will be removed or deposited: Width of canal, creek or bay fronting property: Depth at low tide: Aver. rise in tide: Distance to nearest channel: ~,g_~ ~5~istance project extends beyond similar projects in area: Area zoning: ~ Land area in acres: Is project for private or business use: Intended use of property: Describe known prior operations conducted on premises: Has any prior license or permit been issued to erect structures, d~edge, or deposit fill on said premises: ~1~ Has any license or permit ever been revoked or suspended by a Governmental Agency: Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (i.e., pipeline and septic system; make additional attachments if necessary). THIS IS NOT A PERMIT ,Page Authorization (Where the applicant-is not the owner) I ~_~W_ ~O~c~L~O residing 'at P~ ~/~---~~~ ~ (Print-owr&~r of subject property) (M~iling address-phone) do hereby authorize to apply for Coastal Erosion permit[s) from the Southold Town Trustees Signature THIS IS NOT A PERMIT PaEe 3 · .. ' 1/,-~6-4 12f87'l--Text 12 · ,-~ ["'PI~I~)JECT l.p. NUMBE'R PART I--PROJECT INFORMATION ('Fo be completed by Applicant or Project sponsor) 61~__, Appendix C State Environmental Quality Review .~' SHORT ENVIRONMENTAL ASSESSMENT FORM FOr UNLISTED ACTIONS Only SEQ~ I 1. APPLICANT/SPONSOR · I 2. PROJECT NAME 3 PROJECT LOCATION· I~ ~ 4. PRECISE LOCATION (Street address and road intersectil~s, prominent lan~arks, etc., or I:~o~lde map) 5; IS PROPOSED ACTION: [] New [] Expansion ~Modi[ication/alt eration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If No. describe briefly 9. WHAT IS PRESENT LAr;D USE IN VICiNiTY OF PROJECT? ~esidential [] !ndu,~tr~al [] Commercial De$cr~De: [] Agriculture [] ParklForest/ODen scace [] Other 10, DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes ~ If ye~, list agency(s) and permit/approvals 11. DOES ANy ASPECT OF THE ACTIOH HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ If yes, list agency name and permit/approval 12, AS A RESULT OF P?~P'OSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? r-~ Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the CoastsI Assessment Form before proceeding with this assessment OVER 1 D~le: J~, ?._9 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, pART 617.127 il yes, cdc' ~te Ihe rewew prece~ and u.~e [] Yes [] No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 may be superseded by another involved agency. if No, a negative declaration C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH '['HE FOLLOWING: (Answers may be handwritten, if leq~ble) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal. p~tentia, t for erosion, drainage or flooding problemsq. E×piain briefly: ~ ~ C2. Aesthetic, agrtcu rural, archaeo og cal, historic, or other r~atOra or cu tufa{ resources; or community er neighborhood character?. ExDlaln brlefty: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:. ~ C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of fend or other natural resources? Explain brief[ Growth, subsequent development, or related activities likely to be induced by the proposed action? Exol~in br~eHy. Long term, short term, cumulative, or other effecta net identified in 01-C57 Explain briefly. C7. Other impacts (inclUding changes in use of ether ~uanl ty or ype ct energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL AOVERSE ENV RONMENTAL h*, PACTS? [] YeS ~ It Yes, explain briefly PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or other'wise significant. Each eflect should be assessed in connection with its (¢) setting (i.e. urban or rural); Ih) probability of occurring; (c) duration; (d) irrevers~bility; (e) geographic scope; and (f) magnitude, if necessary, add attachments or reference supPorting materials. F_nsure that explanalions contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more Potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and ~any supPorting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: County of Suffolk ) State of New York ) ~ ~ BEING DULY SWORN DEPOSES AFFIRI~S THAT HE'SHE IS THE APPL±CkNT FOR THE ABOVE DESCRIBED PEREIT(S) ~ND THaT ~LL STaTE--TS CONTAINED HEREIN ~E TaUE THE BEST OF HIS/HER ~OWLEDGE ~D BELIEF, ~D THaT WORK WILL BE DONE IN THE N~E~ SET FOrE IN THIS ~PPLIC~TION ~D ~S ~M BE ~PP~OVED BY EE SOUEOLD TO~ BO~ OF TRUSTEES. ~E ~PPLIC~T AGREES TO HOLD THE TO~ OF SO--OLD ~D ~E TO~ TRUSSES H~ESS ~ FREE ~OM ~ ~D ~L D~GES ~D CLAIMS ~ISING ~DER OR BY VIR~E OF SAID PE~IT(S), IF G~ED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE ~E TRUSTEES, ~EIR AGENT(S) OR REPRESENTATIVE[S), TO ENT~ ONTO ~ PROPER~ TO INSPECT THE PREMISES IN CONJ~CTION WITH R~IEW OF THIS CLAIRE L, GLEW Not~/Public, State of Newark No. 4879505 Qualified in Suffofk County Commission Expires December 8, Suggested space for location Map THIS IS NOT A PERMIT Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO../~70 ( ....... DATE: ~.e.!~,. 5, .3:,c/~7 ' Pursuant to the provisions o{ Chap+er 615 of +he Laws of the State o{ New York, 1893; and Chap'rer 404 of the Laws of fha 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 LAND5 and the REMOVAL OF SAND, moRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted afa meeting held on ..]~.~,,,.. ]~ ...... 19...9.~..., and in consideration of the sum of $..,~LS.0.,,O0 paid by ..... .En:~ G~:g~;~J;~....o.~.:.b.~.~.£. o~.. ~,....;~.(~ ....................................... of ................................................................................. N. Y. and sub]ecl to the Terms and Conditions listed on the reverse side hereof, · of Southold Town Trusi'ees authorizes and permits the $ollowlng: to remc~e and replace inkin~/inplace 128 1.f. of bulkhead on southwest side of property. Remove (2) angled section of but~thea and replace with (1) 30' section to connect north & south bulkhem All bulkhead must be at current elevation. No Dredging. all in accordance with the de~rai[ed speciflcaflons as presented ~n the originating applicaflan.' view easement must be respected. As per map dated 1/16/97. IN WITNESS WHEREOF The said Board of Trustees here- = by causes ifs Corporate Seal fo be affixed, and these presents to be subscribed by a majority of the said Board es of this dele. Albert J. Kmpski, President John Holzapfel, Vice President /Iim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 1997 En-Consuttants, Inc. 1329 North Sea Road Southampton. NY 11968 Re: Richard Zeidler SCTM $145-4-15 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during its regular meeting held on Deceraber 18, 1996 regarding the above matter: WHEREAS. Eh-COnsultants on behalf of R!CHAPd~ZEIDLERaDplied to the Southold Town Trustees for a permit under the provisions of the Wetland OrdiDance of t~Towll o~ So~thel~. appticatio~ d~texl November 8, 1996, and, WHEREAS, said application was re~erred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was hetd~ th~ Town Trustees with respect to said application on Decemher 18, t996. at whicktime all interested personswe~re given an oppo~L~uitlrto be heard, and, WHEREAS, the Board members have personally viewed an4are familiar with the pz~ises in q~estion and the surrounding arear and, WHERE,, the Boar~ has. considered alit he test{meier and docu2nentation su~'tted concerning this apl~tication, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold To~ 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 RESOLVED, that the Board of Trustees grant a Wetland Pe~-r~it to remove and replace Inkind/Inplace 128 1.f. of bulkhead on southwest side of property. Remove (2) angled sections bulkhead and replace with (1) 30' section to conuect north and south bulkheads. All bulkh~_ad must be at curr~_~t elevation. No dredging will take place.. Eye view easement must be respected. As per mad dated January 16, 1997, and, BE IT FURT~.R RESOLVR. D that this dete~aination shoul~ not be considered a determination made for ~ny other Depamtr~ent or Agency which ma~ also have an application pen~ing for the same or similar pro~ect. Permit to construct project will exl~ire two years fm~z the date it is signed. Fees must be paid, if applicable, an~ 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/ jmd EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 5t 6-283-.6136 January 30, 1997 Town Of Southoid Trustees Town Hall 53095 Main Road Southold, NY 11791 RE: RICHARD ZEIDLER; SCTM# 1000-145-4-15 Dear Trustees: Enclosed please find two (2) surveys indicating the top elevation of the existing bulkhead per your request at the December 18, 1996 meeting. We trust all information requested has been submitted and look forward to permit issuance. Respectfully yours, Dianne K. Le Verrier Environmental Consultant Enclosures DKL:dkl George E. Pataki Alexander E Treadwelt Secretary of State Roy L. Haje, President Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 December 13, 1996 Re: F-96-674 U.S. Army Corps of Engineers/New York District Permit Application//96-13100-L2 Richard Zeidler, Brush's Creek Town of Southold, Suffolk County DEC #1-4738-00058/00004 Dear Mr. Haje: The Department of State has received the information you provided on November 14, 1996 describing the above proposed project. We have been informed by the U.S. Army Corps of Engineers that your project was authorized under an existing Nationwide Permit. Therefore, no further review is required by this Department. We appreciate your referring this information to the Department of State for review. WFB:WF:dlb cc: COE/New York District - Denise Butts Sincerely, ~f William F. Barton Chief, Project Review and Analysis Bureau DEC/Region 1 - Regional Permit Administrator Town of Southold - Albert J. Krupski, Jr. Division of Coastat Resottrces and !lTaterj~ont Revitaliza~'on ~bany, NY 122314001 Voice: ($1,~) 474~6000 flax: (518) 473-2464 Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of , u ........ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, de~ose and' say: That on the I~~ day o~f ~em~/, 1996, I personally posted the property known as /3~_~r~i~O ~zz~ ~f~r~ r . by placing the Board of Trustee's-official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of t~e public hearing. (date of hearing noted thereon to be held .~ Dated: Swor~to befo~re me this ~§~ay of x&~c~. ~9~ Not~:ry Pnblic X_ (~i~nature) Telephone (516) 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SOUTItOLD TOWN CONSERVATION ADVISORY COUNCIL At the Southold Town Conservation Advisory Council meeting held Friday, December 13, 1996 the--following recommendation was made: No. 1402 Moved by Robert Keith, seconded by Kenneth Meskill, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of RICHARD ZEIDLER 1~5-~-15 to remove and replace (in same location) 128 linear feet of bulkhead on southwest side of property; remove (2) angled section of bulkhead and replace with (1) 30' section to connect north and south bulkhead; dredge up to 10' in front of 100' bulkhead to maximum depth of ~,' below ALW, resultant 25 c.y. of spoil to be used for backfill; bulkhead elevation to match adjacent bulkheads. ROW off Peconic Bay Blvd., Laurel Vote of Council: Ayes: All Motion Carried George E. Pataki Alexander F. Treadwell Secretary of State Albert L Krupski, Jr. Trustee, Town of Southold 53095 Main Street P.O. Box 1179 Southold, NY 11971 December 4, 1996 Re' F-96-674 U.S. Army Corps of Engineers/New York District Permit Application - Richard Zeidler, Brush's Creek Dear Mr. Krupski: Enclosed is a copy of the information, submitted to the Department of State for review of the above-referenced project with respect to its consistency with the Coastal Management Program for your information and preliminary review. Please contact William Feldhusen, 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, Project Review and Analysis Bureau Enclosures WFB: dlb Division of Coastal Resources and Waterfront Revitalization Albany, NY 12231-0002 Voice: (518) 474-6000 Fax.. (518) 473-2464 Project Description Re~ove~&~reptace~in~r~me~to~&~C~i~ 128 linear feet of b6~d~~~e of property. Remove (2) angled sections of bulkhead and replace with (1) 30' section to connect north and south bulkheads. Dredge up to I0' in front of 100' of bulkhead to maximum depth of 4' below ALW. Resultant 25 cubic yards of spoil will be used for backfill. Bulkhead elevation will match adjacent bulkheads. EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 TO WHOM IT MAY CONCERN: This letter will authorize Eh-Consultants, Inco£porated, to apply for pe£mits on my behal~~,~ ~,_/_.~ ~/~? EN.CONSULTANTS 13Z9 NORTH ,SEA RD, SOUTHAMPTON N.Y, 11968 EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 5t6-283-6136 November 25, 1996 Town of Southold Trustees Town Hall 53095 Main Road Southold, NY 11971 RE: RICHARD ZEIDLER; SCTM# 1000-145-4-15 Dear Trustees: Enclosed please find the NYSDEC and USCOE permits for the above project for your records. Respectfully yours, Dianne K. Le Verrier Environmental Consultant Enclosures DKL:dkl Adjacent Owners To east: Joan Chisholm Edgemere Park Laurel, N.Y. 11948 To north: Bertram Walker Box 1169 Peconic Bay Blvd. Laurel, N.Y. 11952 Eastern Permits Section- DEPARTMENT OF THE ARMY NEW YORK DISTRICT CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 November 15, 1996 SUBJECT: Application Number 96-13100-L2 by Richard Zeidler Richard Zeidler c/o Eh-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Dear Mr. Zeidler: On November !4, 1996, the New York District, U.S. Corps of Engineers, received a request for Department of the Army authorization for the in-kind, in-place replacement of approximately 128 linear feet of timber bulkhead, the replacement of two angled sections of bulkhead with one 30-foot bulkhead in a landward location, and dredging of approximately 25 cubic yards of material up to !0 feet waterward of the 100-foot bulkhead section to a depth of four feet below mean low water to be used as backfill. The site is located in Brush's Creek at Laurel, Town of Southold, Suffolk County, New York. Based on information submitted to this office, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under existing Department of the Army nationwide general permits. The nationwide permits are prescribed in Title 33 of the Code of Federal Regulations (33 CFR 330, Appendix A, Part B, Nos. 3 & 19). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed in Appendix A and any applicable regional conditions added by the State of New York. A public notice issued from this office which describes the nationwide permits and conditions for New York is enclosed for your review. This determination covers only the work described in the submitted material. Any major changes in the project may require additional authorizations from the New York District. Care should be taken so that construction materials, including debris, do not enter any waterway to become drift or pollution hazards. You are to contact the appropriate state and local government officials to ensure that the subject work is performed in compliance with their requirements. This verification is valid for a period of two years from the date of this letter, unless the Nationwide Permit is modified, suspended or revoked. This verification will remain valid for two years from the date of this letter if the activity complies with the terms of any subsequent modifications of the Nationwide Permit authorization. If the Nationwide Permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a Nationwide Permit, and~the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. If any questions should arise concerning this matter, please contact Denise Butts, of my staff, at (212) 264-3913. Enclosures Sincerely, /J~mes W. Haggerty ~./~ ~ [ Ct~ief, Eastern Permits Section EN-CONSULTANTS ]329 NORTH SEA SOUTHAMPTON N.Y. ! ]968 ~ ] 6'283'6360 New York State Departing_ ~. of Environmental Conservatio~ Building 40 - SUNY, Stony Brook, New York 11790-2356 Telephone {516) 444-0365 Facsimile {516) 444-0373 Michael D. Zagata Commissioner November 15, 199 Mr. Richard Zeidler 4420 NE Jones Point Road Stuart, FL 34996 RE: 1-4738-00058/00004 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully, if you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Kevin A. Kispert Environmental Analyst I KAK:cg enclosure PEiq'IT/IIT Urde~ the Envi~tal J TYPE OF PERHIT I of ~ate~ Certificatim ArticLe 15, TitLe 15: VaLet O ArticLe 17, TicL~ 7, 8: S~ES S~ty ArticLe 15, TitLe 15: VaLet C~Cro[ ArticLe 15, TitLe tst~ Stoic ~ R~reaCi~[ Ei~rs I ArC~c[e ~: Till ~cL~ Other: P~HIT I~ED TO ~DRESS OF PERN[TT~ EXPIRATION DATEC$) ArticLe 27, TitLe 7; ~Yr~R 360: SoLid ~laste Hanagelaeflt ArticLe ~7, TitLe 9; ~Y~R ~: ~azar~ g~te ArticLe ~: Coastal Erosi~ N~g~C Artfc[~ 1~ D. 17. 19, 27~ ~; MYeR ~: R~iaCf~ C~troL sc, 'x NOTE: A~fcf~a[ activities d~cri~ ~ ~ge thr~ (]) of this ~fC are also a~rov~ ~et this ~it ~ the ~jofnfng ~x is ch~k~ a~ the pr~s~ ~rk is ~ ~ the a~rov~ plan. By acceptance of this permit, the permittee agrees that the permit is c~tinge~t ui~on strict compliance with the En¥iro~me~taL C~r~er~atio~ Law (ECL), aLL ~ppLicabLe regulations, the G~ra[ S~ia[ C~(t(~ (~[~ ~ ~rt of this BE~TY PE~tT ~MINISTRAT~: ~BRESS AUTHORI7.ED SIGNATURE ~:~ DATE Page I of 6 1. The permitted site or facility, including relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative cfi the Deparb~ent of Envirod~ental C~nservation (the Depar~"unt) to determine v~ether the permittee is cu~plying with this permit and the ECL. Such represen- tat iv, tray order the ~ork suspended pursuant to ECL 71-0301 and S~PA 401 (3). A copy of this permit, i.,ncluding all referenced traps, dra~vings and special conditions, trust be available for inspection by the Depari~unt at all times at the project site. Failure to produce a copy of the permit upon request by a Departs-ant representative is a violation of this permit. Permit (]~anges and Paresis 2. The Departed-hr reserves the right to ~udify, suspend or revoke this permit ~hen: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- r ions i s found; b) the pe[n~it ~as obtained by misrepresentation or failure to disclose relevant facts; c) he, viz'at,rial infold'orion is discovered; or d) enviror'~]ental conditions, relevant technology, or applicable I~v or regulation have rraterial ly changed since the permit v~s issued. The pe,~,,ittee must sub,~it a separate written application to the Depari~ent for renewal, ,udification or transfer of this permit. Such application must include any fo:,~'~, fees or supplu,untal info .~t ion th~ Depari~,unt requires. '/~y renewal, nudification or transfer granted by the Deparb~unt rrust be in writing. The perrnittee n-ust sub~'~it a renez~el app]ication at least: a) 180 days before expiration of permits for State Pollutant Discharge El imination Syste~ (SR:;6S), Hazardous V~ste IV~nage~'ent Faci.I ities (FitlY), rrajor Air Pollution Gontrol (APC} and SolidV~ste IV~naga"rant Facilities (~/F); and b} 30 days before expiration of all other permit types. Lhless expressly provided for by the'Deparb~-unt, issuance of this permit does not rn~lify, supersede or rescind any order or dete~ir~ination perviously issued by the Depar'u~unt or any of the te~r~, conditions or requiru~unts contained in such order or determination. Legal (::bi igations of Pe~ttee The per~'~ittee has accepted expressly, by the execution of the appl ication, the ,full legal responsibility for all da'~ges, direct or indirect, of whatever nature and by whoever suffered, arising out of the project described in this permit and has agreed to indu~ify and save harmless the State fru~ suits, actions, da'rages and costs of every n~u and description resulting from this project. This permit does not convey to the pe~'~ittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the irrpai,~unt of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The pe~;~ittee is responsible for obtaining any other permits, approvals, lands, easu]unts and rights-of-v~y that may be required for this project. Page 2 of ~ ADDITIOF{AL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part 608 ( That if future operations by the State of New York require an teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmenta~ Conservation 13. it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or 14. revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- 15. pletedo the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmenta{ Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of ~ny such removal or alteration. That the State,of New York shall in'no case be liable for any damage 16. or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U.S. A~'my Corps of Engineers, U:S. Coast Guard, New York State Office of General Services or local government which may be required. A~I neeessar~ precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, so'vents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the ptoiecL Any material dredged in the prosecution of the work herein permitted shell be removed evenly, without tearing large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a' tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable intederence with navig~,ti~ by the work herein authorized. If upon the expiration or revocation of this permit, the proiect hereby authorized has not been completed, the applicant shall, without expeme to the State. and to such extent ~nd in such time and manner as the Department of Fnvironmental Conservation may require, remove all or any portion of the uncompleted- structure or fill and restore the site to its former condition. No claim shall be made against the State of New Yo~k on account of any such removal, or alteration. If granted under $ NYCRR Part 608,, the NY$ Department of ~:nv~ron- mental Conservation hereby certifies that the subiect proiect will not contravene effluent limitations or other limitations or standards under Sections 301,302. 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-2'17J provided that all of the conditions listed herein are met. Ali activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by ~..4-- ~'1..~0 t+,£f'¥~ SPECIALCONDITION$ O~~ ~&~'~.~ Activities (if box checke~). ~ Additional Approved Dredge to 4 ft. below mean low water no greater than ~0 ft off shore of the replacement bulkhead with resultant ~ cu.yds. of dredged material to be used as back fill or trucked to an appropriate upland site. (see special conditions 7 and 8) Construct new bulkhead return(s) [] Construct a boat slip or ramp (dimensions: .by ) [] Install a boat lift or davit Construct an attached parallel (capping) boardwalk up to 4 ft. width (dimensions: by ,) Install up to four (4) mooring piles (see special conditions 9 and 10) construct a boardwalk or footpath up to four feet in width to access the bulkhead (see special conditions 11 and 12) Irrportant:Refer to Special Conditions on the fol Ic~ving pages which apply to any additional activities checked. NEW ~ STALE DEP^RI'MENi' OF EN¥1RONMENTAL CONSER ON ~ 25 For Article. SPECIAL CONDITIONS Tidal Wetland Ail repairs to existing structures are confined to replacement of existing structural elements with no change in design, dimension or materials unless specif- ically authorized herein. Any bulkhead constructed directly adjacent to vegetated tidal wetlands must be jetted in with minimal distur- bance to'tidal wetlands. Trenching is strictly prohib- ited. Construction of bulkhead and return walls must be completed prior to placement of any fill materials behind such structures. Ail fill must consist of clean rock, gravel, sand and soil. Use of asphalt, slag, fly ash, broken concrete or demolition debris is prohibited. All fill must be graded to match the elevation of the land J~mediately adjacent to the bulkhead. Any debris or excess material from construction of this project must be i~ediately and completely removed from the adjacent area and disposed of at an upland.site. Disposal of debris in tidal wetlands is prohibited. Dredaina Dredged materials must be placed directly behind the bulkhead or into the conveyance vehicle. Side-casting or temporary storage of dredge materials is prohibited. Dredged material not used as backfill must be disposed of at an upland site, and suitably retained to prevent it from reentering any water body or tidal wetland. 25 For Ar'dcle ( SPECIALCONDITIONS Tidal Wetland Moorin= Di%.es (if approved, see page 3) 10. No structures are to be constructed on pilings without further authorization of the Department. Pilings may not: (a) extend beyond property lines, (b) be placed so that docked boats extend over property lines, (c) interfere with navigation, (d) interfere with other landowners riparian rights. Access.paths, boardwa%ks (if approved, see.page 3) 11. The ground area cleared for construction of a path or board walk is limited to a maximum width of six (6) feet. The path or boardwalk itself is limited to a maximum width of four (4) feet. 12o Cover material used for footpath is limited to natural wood/bark chips, stone, gravel or sand. The following conditions apply to all Tidal Wetlands; ~reshwater Wetlands; Coastal Erosion Manag-~ent; and Wild, Scenic, Recreational Rivers Permits: De A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at t/le work site until all authorized work has been completed. The permittee shall require ~hat any contractor; project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this pe~it and all its general, .~$pecial; and supplementary special conditions. Any failure to comply precisely wi~ all of t_he terms and conditions of this permit, unless authorized in w~iting, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the pe~mit~ee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary after permit issuance, the permit=ee shall submit the appropriate plan changes for approval by the. Regional Pex~i= Aa~nistrator prior =o undertaking any such modifications. The permittee is advised that substantial modi~lioation may require submission of a new application for permit. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top po£~ion of the enclosed notification form ce~ifying that they are fully aware of and understand all te=~s and conditions of this pe=~it. Within 30 days of completion of the permitted work, the bottom potion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. 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 reco~encing work in suJosequen= years. The granting of this permit does not relieve the permit-tee of the responsibility of ob~ainLnq a grant, easemen=,~or other necessary approval f=~ ~e Division of Land Utilization,' Office of General Services, Tower Bui!dinq, E~pire State Plaza, Albany, NY ~2242 (516) 474-2195, whic2= may be required for any encroachment upon State-owned lands undeL--wa~er. NEW YORK STAT~ DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICATION APPLICANT: RICHARD ZEIDLER PECONIC BAY BLVD LAUREL, NY 11948 APPLICATION ID: 1-4738-00058/00001 1/13/90 ERM.SAPPL,E PO : ;' . 1 5 i9 0 I SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATIOh{. :.}'~ 1 ARTICLE 25: TIDAL WETLANDS 1 ARTICLE 15, TITLE 5: EXCAVATION AND FILL IN NAVIGABLE '~'^TrR¢ .......... ~'-' ' PROJECT IS LOCATED iN SOUTHOLD ~N SUFFOLK COUNTY. PROJECT DESCRIPTION: THE APPLICANT PROPOSES TO CONSTRUCT 63 FT OF NEW BULKHEAD AND FILL A 25 FT BY 5 FT AREA OF SHOALS AND MUDFLATS WITH 125 CU YDS OF CLEAN UPLAND SOIL. THE PROJECT IS LOCATED ON BRUSHS CREEK OFF OF MCDONALD ROAD, LAUREL, TOWN OF SOUTHOLD, SUFFOLK COUNTY, SCTM 1000-145-~,-5. STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) DETERMINATION: SEQR- 3A Project is an unlisted action and will not have a significant impact on the environment. A negative declaration is on file. A coordinated review was performed. SEQR LEAD AGENCY TOWN OF SOUTHOLD -TOWN BOARD OF TRUSTEES STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION: SHPA - 2 A Structural-Archaeological Assessment Form has been completed. The proposed activity will not have any impact on registered, eligible or inventoried archaeological sites or historic structures. No further review in accordance with SHPA is required. AVAILABILITY FOR PUBLIC COMMENT: Comments on this project must be submitted in writing to the Contact Person no later than 12/13/90 CONTACT PERSON: KAREN A MUNZE SUNY CAMPUS, BLDG 40, ROOM 219 STONY BROOK, NY 11790-2356 TO THE APPLICANT: 1. THIS IS NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in a~der to reach a decision on your application. 3. Your project is classified MAJOR. Accordingly, a decisino will be made within 90 days of the date of this Notice. If s public hearing is necessary, you will be notified within 60 days and the hearing will commence within 90 days of the date of this notice, if a hearir~j L~ held, the final decision will be made within 60 days after the hearing is completed. 4.Publication of this Notice ia a newspaper is required. Consult the accompanying Instructions lot Newspaper Publication. Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N Y 12233-4500 Pile P~ O. Bt ~1169 Peconic ~y Boulevard Mattituck, New York - 11952 November 20, 1990 SOITI~OLD TOWN BOARD OF TRUSTEES Town Hall - 53195 Main Road Southold, New York - 11971 ATII~: Mr. John Bredemeyer, President Gentlemen: This is a follow-up to our letter of October 19th, concerns_rig r.ne aspna±r paving of the area terminating at the edge of Brush~s Creek in Edgemere Park, Laurel. We understand that, while we were out of town, you instructed the Bay Constable, (Mr. Dzenk0wski), to inspect the site to determine if Mr. Zeidter bmd violated the Board of T~.stees' code concerning pe~itted as- tivity adjacent to town waters and that he, (the Bay Constable), did find theasphalt to be a violation. Since the asphalt roadway runs only about twenty feet from the basin and along its length, does this mean it, too, is in violation? As an owner in Edgemere Park, we objected to this entire project and, in fact, refused to be a part of it or to underwrite it. The area in question that Mr. Zeidler had paved, against the advice of his attorney and ours, is of no use to anyone and there is no justification for his action. It goes no where, ending at the rip-rap bordering the creek end,it is within our deeded eye-view easement, which means, despite the fact that it resembles a parking field, no car can ever be parked there. Before this work conm~enced, we asked the Corazzini Paving Company to hold off paving until this issue could be clarified. In fact, we asked if it was legal to pave that close to the creek and were told that it was. (A1- though Mr. Dzenkowski felt they should have been aware that it was not.) We have taken some photos which we will forward for your file, as soon as developed. We appreciate your quick response to our inquiry and look forward to early corrective action. Mr. Zeidler has his house on the market and we feel his infractions must be rectified while the property is still in his own- ership. !ours,~ very truly,~ Bertram W. and Margery M. W~[zker cc: CAC, NFEC, DEC Bay Constable Town Attorney TRUSTEES John M. Bredemeyer, III. President Henry P. Smith. Vice President Albert J. Krupski, Jr. John L Bednoski, Ir. John B. Tuthill Telephone {516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1516) 765-1823 Telephone ~516) 765-1800 November 16, 1990 Mr. Roy Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: Amendment of permit ~3844 / Richard Ziedler SCTM ~1000-145-4-15 Dear Mr. Haje: The following action was taken by the Board of Town Trustees at its regular meeting held on November 15, 1990 regarding your request to amend the above permit. RESOLVED that the Town Trustees Approve the request of En-Consultants, Inc. on behalf of RICHARD ZIEDLER to amend (as per En-Consultants amended plan of 10/19/90) permit number 3844 to modify the location of the proposed bulkhead to conform with the recommendation of the N.Y.S.D.E.C. subject to the following condition: No materials shall be taken from Brushs Creek. The Bay Constable shall inspect the project during construction and must be notified prior to "its commencement". This letter is to be an amendment to the original permit and as such shall be attached herewith. All other terms and conditions remain as written in the original permit. Very truly yours, M. Bredemeyer, III President, Board of Trustees JMB: jb CC: Bldg. Dept., CAC, Karen Munze, File TRUSTEES John M. Bredemeyer, IIl, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Dzenkowski, Senior Bay Constable ~ Don John Bredemeyer, President, Board of Trustee Possible violation / Richard Ziedler November 1, 1990 Please review the attached regarding work done on a private road off Peconic Bay Blvd., Laurel and determine whether an Order of Violation is necessary. Pictures are also.attached for your convenience. Thank you. ENVIRONMENTAL SERVICES EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 516-283-6136 March 26, 1990 Ms. Karen Munze New York State Department of Environmental Conservation Building 40, SUNY, Room 219 Stony Brook, New York 11794 Richard Zeidler ~1-4738-00058/00001-0 Dear Ms. Munze: This letter plus enclosures is in response to yours of February 26, 1990. A copy of the deed indicating the View easement is at- tached. It also appears on the survey previously sup- plied to you. We do not believe that the construction of a bulkhead is prohibited by this easement. In fact, the Walkers who own the property to the north and whom the view easement favors have written to the Corps of Engineers stating their opinion that the bulkhead is in fact needed. In response to Mr. Walker's concern regarding the dredging and its potential for undermin- ing the adjacent rip-rap, we have reduced the area to be dredged by 10' on the northerly side. This reduces the amount of spoil by approximately 5 - 7 cubic yards. i have also revised the project to eliminate the boat- slip. The slip appears to have been objectionable to the Trustees. A long form EAF part 1 is attached. Please amend our application'to reflect the project ~/TRUSTEES ' John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 February 5, 1991 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Supervisor ~Town Hall, 53095 Main Road P.O. Box 1179 Sou~old, New York 11971 Fax (516) 765-1823 Telephone (516) 765-18~ Richard Zeidler 4420 Northeast Joes Pt Road Stuart, Florida 34996 RE: Violation at SCTM %1000-145-4-15 Dear Mr. Zeidler: Confirming our conversations this date and as a result of my conversations with the Assistant Town Attorney, Matt Kiernan, subsequent to Trustee inspections (also this date) I offer following: 1. The Trustee's confirmed on field inspection today that the alleged wetland violation does in fact exist in that road consnruction activities have taken place adjacent to your home and you do not have a waiver or permit from this Board. 2. The Trustees informally urged me to secure a prompt remediation from you such that the deleterious road construction you and/or others undertook illegally might be corrected as soon as possible. 3. As a result of my conversation with the Assistant Town Attorney I am requesting that you submit the following corrective action in the form of a waiver request to the Board of Town Trustees for their approval. Said waiver request must be accompanied by a non-refundable $35.00 waiver process fee and a refundable $70.00 inspection fee which shall be returned if the waiver is denied. The reason you must secure formal Board approval for this correction is that the Board has not formally authorized me to enter into any agreement with you in this matter. Our next meeting is February 14, 1991. 4. Corrective action must consist of: a. Written request for a waiver to conduct operations within 75' of tidal wetlands. b. A neatly drawn line drawing detailing length, WiZdth and dept~of proposed removal of all asphaltic material and any impervious base material down to pre-existing soil strata. Said removal must be shown to take place for the entirety of the road to a point seventy five feet (75') landward of ordinary high water in Brushes Creek. The size and composition of the pervious material (sand,bluestone,etc.) which shall replace the asphalt must be shown in detail. c. A time t~hle of correction must be submitted. I suspect the Board will not issue a waiver for any correction which can not be concluded in one week or less. d. The plan must show work provisions for a staked row of haybales or geo-textite filter cloth at the end of the road to prevent run-off into Brushes Creek during construction. e. Two inspections which shall be made by the Bay Constable. He shall be given 48 hours prior notice for each: 1. First inspection after the haybales are in place and prior to removing any asphalt. 2. Second inspection upon completion of the construction remediation and prior to the Bay constable authorizing removal of the haybales. 5. Any waiver of this Board shall not be construed as an approval for any other governmental agency or the courts and shall be valid for this instance only. 6. Said waiver if issued shall not diminish in anyway the rights of the Trustees to secure fines or such additional correction as they might deem necessary in a court of competent jurisdiction as a result of the alleged existing violation or the lack of its timely or workmanlike correction under any waiver or permit. 7. You are encouraged to abide by any past decisions of the courts relating to the width of your road in litigation with your neighbors. 8. The alleged violator(s) will retain his/their right to approach the Board at a formal hearing pursuant to Chapter 97 procedures. 9. The alleged violator(s) will retain his/their right to apply for a wetlands permit should the waiver be denied. Very truly yours, %"John M. Bredemeyer, III President, Board of Trustees JMB :jmt cc: Town Supervisor, Scott Harris, Asst. Town Attorney, ~AC-,-Ch~ck Hamilton,NYSDEC TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO'IW L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 5, 1991 Richard Zeidler 4420 Northeast Joes Pt Road Stuart, Florida 34996 RE: Violation at SCTM %1000-145-4-15 Dear Mr. Zeidler: Confirming our conversations this date and as a result of my conversations with the Assistant Town Attorney, Matt Kiernan, subsequent to Trustee inspections (also this date) I offer following: 1. The Trustee's confirmed on field inspection today that the alleged wetland violation does in fact exist in that road construction activities have taken place adjacent to your home and you do not have a waiver or permit from this Board. 2. The Trustees informally urged me to secure a prompt remediation from you such that the deleterious road construction you and/or others undertook illegally might be corrected as soon as possible. 3. As a result of my conversation with the Assistant Town Attorney I am requesting that you submit the following corrective action in the form of a waiver request to the Board of Town Trustees for their approval. Said waiver requeSt must be accompanied by a non-refundable $35.00 waiver process fee and a refundable $70.00 inspection fee which shall be returned if the waiver is denied. The reason you must secure formal Board approval for this correction is that the Board has not formally authorized me to enter into any agreement with you in this matter. Our next meeting is February 14, 1991. 4. Corrective action must consist of: a. Written request for a.waiver to conduct operations within 75' of tidal wetlands. b. A neatly drawn line drawing detailing length, width and depth of proposed removal of all asphaltic material and any impervious base material down to pre-existing soil strata. Said removal must be shown to take place for the entirety of the road to a point seventy five feet (75') landward of ordinary high water in Brushes Creek. The size and composition of the pervious material (sand,bluestone,etc.) which shall replace the asphalt must be shown in detail. c. A time t~hle of correction must be submitted. I suspect the Board will not issue a waiver for any correction which can not be concluded in one week or less. d. The plan must show work provisions for a staked row of haybales or geo-textile filter cloth at the end of the road to prevent run-off into Brushes Creek during construction. e. Two inspections which shall be made by the Bay Constable. He shall be given 48 hours prior notice for each: 1. First inspection after the haybales are in place and prior to removing any asphalt. 2. Second inspection upon completion of the construction remediation and prior to the Bay constable authorizing removal of the haybales. 5. Any waiver of this Board shall not be construed as an approval for any other governmental agency or the courts and shall be valid for this instance only. 6. Said waiver if issued shall not diminish in anyway the rights of the Trustees to secure fines or such additional correction as they might deem necessary in a court of competent jurisdiction as a result of the alleged existing violation or the lack of its timely or workmanlike correction under any waiver or permit. 7. You are encouraged to abide by any past decisions of the courts relating to the width of your road in litigation with your neighbors. 8. The alleged violator(s) will retain his/their right to approach the Board at a formal hearing pursuant to Chapter 97 procedures. 9. The alleged violator(s) will retain his/their right to apply for a wetlands permit should the waiver be denied. Very truly yours, ~"John M. Bredemeyer, III President, Board of Trustees JMB: jmt cc: Town Supervisor, Scott Harris, Asst. Town Attorney, ~AC~,-Chuck Hamilton,NYSDE( TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski. Ir. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 CERTIFIED MAIL January 25, 1991 Richard Zeidler 4420 Northeast Joes Point Road Stuart, Florida 34996 RE: SCTM 91000-145-4-15 Dear Mr. Zeidler: With respect to your alleged wetland violation on your private road in Laurel the Trustees would encourage you to attend one of our work sessions, February 5,14 or 28 or March 7. Please take this opportunity to contact the clerk to the Trustees at 516-765-1892 for the available times. Absent your participation and cooperation, we may have to seek the help of the Courts in securing remediation of the violation in question. Thank your for your cooperation. Very truly yours, President, Board of Trustees JMB:jmt cc: ~_Assistant Town Attorney, Matt Kiernan Bay Constables GAlL S. SHAFFER SECRETARY OF STATE STATE OF NEW YOrK DEPARTMENT OF STATE ALBANY, N.Y. ! 2231-0001 I OF $OUTHOLD January 16, 1991 Mr. Roy L. Haje Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-89-760 U.S. Army Corps of Engineers/ New York District Permit Application 89-1163-L2 Richard Zeidler Town of Southold Request for Additional Information Dear Mr. Haje: I refer to your letter dated January 4, 1991 on the above-referenced project. We have noted that the revised plan dated 11/2/90 has reduced the length of the bulkhead to 63 feet and eliminated the dredging. This revision will have less impacts un the coastal environment. As such, this Department has no objection to the revised project plan dated 11/2/90. If you have any questions regarding this matter please contact me at (518) 474-3642. Sincerely, Mohabir ~ersa~d Coastal ~rocesses Technical S~ec:Lal£st MP:jtb cc: COE/NY District - Chi Lau NYS DEC/Region 1 - Karen Munze Town of Southold - Valerie Scopaz New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-7900 X284 December 17, 1990 Thomas C. Jorling Commissioner Margery M. Walker Peconic Bay BlvdJ P.O. Box 1169 Mattituck, NY 11952 Dear'Mi. Walker: RE: NYSDEC #1-4738~00058/00001-0 Richard Ziedler The Department has considered your comments, regarding the above referenced matter, included in your letter dated-.5/19/90. Enclosed find a copy of the permit issued for the project. The Department is not in a position to ibterpret or enforce conditions of easements. Please note General Conditions #6 and 7, which°refer to the permittee's responsibil~.~.i.n these matters. Sincerely, Karen A. Munze Sr. Environmental Analyst_ 95-20-6 DEC PERMIT NUMBER 1-4738-00058/0000t'.%0 FACILITY/PROGRAM NUMBER(s] NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT Under the Environmental Conservation Law Article 15, Title 3; 6NYORR 327, __ 328, 329: Aquatic Pesticides Article 15, Title 5: __ Protection of Water Article 15, Title 15: __ Water Supply JArticle 15, Title 15: __ Water Transport J Article 15, Title 15: __ Long Island Wells J Article 15, Title 27: ,:. ~ Wild, Scenic and Recreational Rivers j'---"~ 6NYORR 608: Water Quality Certification ~ j------"JArticle 17, Titles 7, 8: SPDES J'~ j-'-----J Article 19: Air Pollution Control* ~ J-----J Article 23, Title 27: ~ Mined Land Reclamation J-'----J Article 24: - ~ Freshwater Wetlands [-----] N--New, R--Renewal, M--Modification, ~ C--Construct (*0nly), O--Operate (*0nly) EFFECTIVE DATE 12/7/90 EXPIRATION DATE(s) 12/31/92 Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: . Solid Waste Management* Article 27, Title 9; 6NYCRR 373: · Hazardous Waste Management Article 34: · Coastal Erosion Management Article 36: . Floodplain Management Adicles 1, 3, 17, 19, 27, 37; . 6NYCRR 380: Radiation Control PERMIT ISSUED TO Ri chard 'Zeidler -- ADDRESS OF PERMITTEE Peconic Bay Blvd. ,' Laurel , NY 11948 AGENT FOR PERMITTEE;CONTACT PERSON En-Consultants, Inc. - 1329 North Sea'Road, Southampton,' 'NY 11968 TELEPHONE NUMBER (516) 283-6360 NAME AND ADDRESS OF PROJECT/FACILITY (If different from Permittee) unnamed ·road off MdDonald Road, Brushs Creek SCTM 100Q-1'45-5 LOCATION OF PROJECT/FACILITY Laurel DESCRIPTION OF AUTHORIZED ACTIVITY Construct 63 ft. of bulkhead jCOUNTY Suffolk and backfi..11 attached N~SDEC approved plans. J TOWN/CITYNILLAGE J UTM COORDINATES Southold - with I~5 cu yds of clean upland soil as per GENERAL CONDITIONS -.,l ..: ~ - "':: -~ ' _ By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- _ ance with the ECL, all applicable regulations and the conditions spesified herein or attached hereto. 1. The oermittee shall file in the office of the appropriate regional permit administrator, or other office deslgnated in the special conditions, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. - 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL §71-O301 and SAPA §401[3). 3. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect-of ~43atever nature, and by whomever suffered, arising out of the project described heroin and has agreed to indemnify and save harmless the State from stats, actions, damages and costs of every name and descrip- tion resulting from the said project· ,: . 4. The Department reserves the right to modify, suspend or revoke this permit at a~y time after due notice and, if requested, ho d a hear ng when - · : a) the scope of the project is exceeded, or a v o ation of any condition of t~e permit or provisions of the ECL and pert nent regu at OhS are found; or ' ' ,. :; b) the permit was obtained by misrepresentation or failure to d sc nee re event facts; or ,? ., ,,. · , , , . ' ~ t. c) newly discovered information or significant physical changes are discovered since the permit was issued. ~- 5.; To maintai[q a valid permit, the permittee must submit a renewal application, including any forms, fees or supplemental 'information. which may be required by the- Department, at least 30 days prior to the expiration date of the existing permit [180 days prior for. State pollution discharge elimination system permits (SPDES), Solid .. waste management facilities permits [SWMF), or Hazardous waste management facilities permits [HWMF)). . _. ,. _ 6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the' permitted work or as authorizing the impairment of any mghts, title or interest in real or personal property held or vested in a person not a party to the permit. 7. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required for this ~roject. 8. Issuance of this hermit by the Department does not, unless expressly provided for, modify, supersede or rescied an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination. 9. Any modification of this permit granted by the Department must be in writing and attached hereto. David DeRidder 95-20-6a ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 23, 34, 36 and 6 NYCRR Part 608 C ) . 10. That if future operations by the State of New York require an al- teration in the positio~ of the structure or work herein authorized, or if. in the opinion of the Department of Environmental Conservation ' it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State. or cause loss or destruction of the natural resources of theS*~-, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State. and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other . · medific~o~ of thewatercot~rse hereby authorized shall not be com- pleted; the owner,~, shaJl, without expense to the State, and to such ' e~e~tan~ie~,~t~l~mea~dmannera~the Department of Environmental Conse~atio~m~f ~_~ remove a~l or any Ix~Jon of t~e Uncompleted . stint'rare o~ fill ired ~ to its ~ormer condition the navigable i. am~ floo~,~ of t~e watercourse_ No claim shall be made against t~.~'S~m o~ New York on accour~ of am/such re~noval or alteration. 11-. That the State of New York sha~l in no case be liable for any damage ' or injury to thestructum or work herein authorized which may'be caused .... by or result from future operations undertaken by the State for the censervation or impmvemect of navigation, or for other purposes, and no claim or ~i~ht to compensation shall accrue from any such damage. 12. Grantir~ of tl~ permit ~ not relieve tbe applicant of the responsi- bility of obtain~ any other permission, consent or approval from the U.S. Arrm/Cra'ps of En~nee~o U.S. Coast Guard, New York State Off;ce of Germ~ Seraces or local government which may be require& 1~. ~1~ rk~-,-~y peeca~ions sbal! be taken to preclude contamination o~ an~ wet~a~ or waterway by suspo~ded solids, sediments, fuels, sol~s, lubricen~ ~ coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the~ project. `i4 - Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 'IS. There shall be no unreasonable interference with navigation by the work herein authorized. 'I6:' If upon the expiration or revocation Of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the 5tare, and to such extent and in such time and manner as the Department of Environmental Conservation may reqtiire, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 17. If-granted under Article 36, this permit dons not signify in any way that t~he project wi!! be free from flooding. 18. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of [PL 95-217~ provided that all of the conditions listed herein are met. 'I9. All activities authorized by this permit must be in strict conformance with the. approved plans submitted by the applicant ~, his agent as part of the permit application. - Such approved plans were prepared by ~n' CO n s u1 t a~ t on 12/I/89~. revis,ed" to--.ll/2/gO.'.&' -' : SPECIAL CONDITIONS Any debris or'excess material from construction of this project.shall be co~mpletel removed from the adjacent area (upland) and removed to an :np.tal~d :Are.a - - for. disposal. 'No debris is permitted in,,tidal wetlands..' ~' ~=,. . 2.' 1 s e e!. so'II'(not asphalt,-slag, flyash, 2. There shall be no disturbance to veget~ted~-tidal'wetlands as a result of the permitted activity. 4../'~ ?~. A11 :per.i pheral }ri p. rap' berms ,' cofferdams, rock revetmentS,:- ga~'~ ~ ~ bulkhead, et-~ ~' .. ~ sh~ll'be.completec ~ri~ to"placement o~ any fill mater~al behind-such strbctures. bottom ,surface. L :.- -, .. ~ ring,cons~ruction~ ' 1,4738-00058/00001-0 TRUSTEES John M. Bredemeyer? III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-I 892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO]T L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Town Attorney, Harvey Arnoff Assistant Town Attorney, Matt Kiernan John M. Bredemeyer, III President Board of Trustees Zeidler/Walker/et al Wetlands violation, Laurel December 31, 1990 The Town Trustees discussed the pending alleged violation against Mr. Zeidler at Laurel and are of one mind that the site of the road paving within 75' of Brushes Creek should be fully restored and replanted with a non-fertilizer requiring grass (rescue) or ground cover as soon as ground can be worked this spring and not later than April 1991. The Board is very concerned of the seriousness of this violation and the possibility that Mr. Zeidler is a repeat offender of the Wetland Ordinance. We are all of the consensus that the company/individual, who performed the work in the subject area should also be given notices of violation as provided'for in Chapter 97 and encouraged to promptly remedy this situation which we see as environmentally damaging. cc: Bay Const'ables Mr. & Mrs. Walker Mr. Charles Hamilton, Regulatory Affairs Dept. of'Environmental Conservation Building 4-, S.U.N.Y., Room 219 Stony Brook, New York - 11794 Dear Mr. Hamilton: P.O. tx 1169 Peconic Bay Boulex ~rd Mattituck, New Yo~c - 11952 December 9, 1990 Since you are the D.E.CJ enforcing agent for this area, andAresident, we are requesting that:you inspect the asphalt paving done on our.-roadsin Edgemere Park, .Laurel, abutting Brush's Creek. Please read the attached~notice from C. J. Costopoulos, Deputy Regional Per- mit Administrator of the D.E.C., which stipulates that no permit.is required. re ' " to,-"Place bluestone on existing roads to maintain-and pazr . The letter specifically states that additional work or modification may require.authori- zation and the D.E.C. should be contacted if suchis -contemplated. It also advised that this letter, (the D.E.C.), did not eliminate the need'for necess- arypermits or approval from other agencies. This roadway was.not 'paved with bluestone , but asphalt. asphalt runs approximately 15' from Brush's Creek atthe boat basin, (nor~/south'~road)~o,~ and ends-at the creek, .(on the east/west~road). ' :.- The ~existing'-roadway is-,not 'existing', hut was widenedconsiderably~ par- ' 5' wider ticularly .the 75' terminating at-,Brush's Cresk, which is now'~O , than the main artery. The application to pave was fraudulantly worded and the. work done was entire- lydifferent thahwhat the-D.E.C, was given to understand.~.Ibmlso violates the Southold Town BOard of~Trustees' code,- which agency was never advised the proposed,work. Since Mr. Zeidler was .given perm/ssionYto ~do this work, (after it was well under way), under false circumstances, we~feel the regula- tory am of the D.E.C. should inspect this projectand .act acCOrdingly. Not only ~s .th~s asphalt paving aha env~rorm~ental infractzona?there~¢~' ~s no valid nor realistic reason to justify this activity.. Most of the area in questionis protected by a deed'eye-view easement.and, therefore,.no parking is penv~tted even thoughit'now resembles a nrdr,~=l.~g.~z~l~. The .road goes no where.- it culminatesat the stone rip-rap bulkheading.the bank of the creek. As a community, we have a deeded boat basin and_beach readily_ accessed by the north/south road of the subdivision. It has-been litigated and, if a .road .is permissable at all, it can never exceed 15"~,widthnor be paved:with anything.but bluestone. Mr_. Zeidler is Well awar&I'iof all these ' Your-'prOmp~'attention in,:this:matterwilI be greatly-appreciate41"' Army Corp~ 'Coastal Mgmt. ' NO PERMIT NECESSARY Thom&$ C. Jod~n9 Commissioner Dear review has been made of your proposa~ ,. , ~.., ' Z,'-.',",':~ 'Uc, c.,c~ 5 ';.c.; information you have submitted, the'l'~ew York State. · .... is listed in Part 661.5~'bf.6NYCRR~'[Tidal etlands Land.Use Regulati°ns)~- as a use not requiring a permit or notification letter of approval. ~ Therefore, no permit is ·required under the Tidal Wetlands Act (Article--25.z--__ of the Environmental Conservation Law). - ~ect hat an additional work, or mo~if'icati0n to'th~ ~Pr Please note t Y ........... ar~ent. Please ·con- as described, may require authorization ~Y ~nz~ u=~ , ~ _ t this office if such are contemplated. 't~" ' tac . ' ~111 Please be further advised that this letter does l~t relleve you of the responsibilitY of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy ~.Reg :mit Administrator ~_ ,i 'l P. 0 ]ox 1169 Pecoh~C Bay Boulevard }~ttituck~ N.Y.-ii952 November 29, 1990 Southold Towm Board of Trustees Town Hall - Main Road Southold, New York - 11971 Attention: Mr. John Bredemeyer President Gentlemen: I am enclosing a copy of letter fro~the D.E.C., signed by Christine J. Costopoulos (?), Deputy Regional Permit Administrator~ which ~. Zeidler claims permitted himto go forward with the asphalt paving of the roads in Edgemere Park, Laurel. As noted, his proposal was to "Place bluestone in existing roads .... The request was for "bluestone,' not asphalt, and for "existing roads", not the additional parameters he took. The D.E.C. specifically stated it was to be informed if anything addi- tional or different was to be done. Therefore, he really did not have a permit for the work he authorized Corizzini and Sons to do. The D.E.C. also stated in the last paragraph, "....that this letter does NOT relieve you of the responsibility of obtaining and necessary permits or apprOvals from other agencies". Since Mr. Zeidlerhas had so many dealings with your agency for the past several years, we find it hard to believe it did not occur to kim to confer with you about removing the existing bluestone and installing asphalt, as well as increasing the width from 15 feet to 20 feet. Also, we were surprised that the D.E.C. did not forward you a copy of this permit, since the Trustees are usually designated "lead agency" where town waters are concerned. This would have alerted you to the proposed work and enabled you to monitor it and prevent the prohibited use of asphalt. /~o~?~-~ery t~ (Mrs. Bertram W. Walker) Enclosure cc: D.E.C. Town Attorney ~ay Constable NO PERMIT NECESSARY Thomas C. Joding Commissioner . -... Dear review has been made of your proposal. Based on the information you have submitted, t~e ~e?.Yor~_Sta~ -,Department of Envi~0nmental~ Conservation has determznec that tne.p jest is listed in Part 661~-5'~~'.-6NYCRR .(Tidal wetlands Land Use Regulations) as a use not requiring a permit or notification letter of approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25. of the Environmental Conservation Law). Please note that any additional work, or mo~if'ication to the project- as described, may require authorization by this Department. Please con- tact this .off, ce if such are contemplated. Please be further advised th'at this letter does not relieve you ~f the responsibi'lity of obtaining any necessary permits or approvals from ~ . other agencies. Very truly yours, ~' ~ Deputy Regional Pxe3rmit Administrator a I P.O.~ .~ 1169 Peconic Bay Boulevard Mattituck, N.Y?l1952 November 29, .~t990 Mr. Kent McCarthy, Bay Constable c/o SoutholdBoard of Trustees Town Hall -Main Road Southold~ NewYork- 11971 Dear Mr. McCarthy: Pursuant to our conversation yesterday, (November~.28th), honcerning .the ownership of the roads in Edgemere Park, Laurel, I am enclosingcopies of two deeds in mypossess~on, that eonfim the roads are not. deeded to a propertyowners' association. The ownership of '.these roads'is deeded'to each property ownerin propor- tion to his land. That is, we each own that portion~ of the road that abutts our property, to the mid-line of same. I amenclosing amp of the sub-division, so that you can identifythe lots referred to in the deeds. The first refers to part of ours although it is not so.stated in our deed. (Ours refers to past deeds). What I am giving~you is from Oliver to McDonald - the original owner of our house. It lists lots 14, 17, 18. She,-(Mrs. McDonald); eventually accrued lots 15,'16, 13 and ~12 and used them all as one parcel. (We now own 15 thrul8 and~.Zeidler.owns 12 thru 14). The wording in this deed includes "heirs and assigns't. The second is from 'the Estate of Marie Heim to her daughters,and heir, Dorothy Gannon, conveying lot 8 and stipulating the same ownership to the mid-line of the road. I hope these documents clarify the way in which this co~m~nity is laid out and hoW'the ownership of the roads is distributed. cc: Town Attorney . ~Board of Trustees Yo ~ur~ very truly~ ~ Ma~ery M." Walker (Mrs. Bertram W. Walker) the ~L~ o~ the C~t.~ 'o~ ~Olk ( ~*~,~ to t~e ~c!~*~r eown~nt~ I~ ~eg~%ott~'~tTM T~t ~ly or~ ~o~ ~y be erocto~ on/t~ ~lotj n~h~K which ~hn~! ~ m nu~l~e~ ~ol~n~ *~e~+-~orh~od mh~ ~ ~ttted ~,~y plot, ~it ~ ~S~hts to 't~ Use o~the bll~'i t~e bas~ o~ to ~r~cel~ . ~e? ~y~ t~ eos~ of tb ~l pert ef.,~ to~l o~ t~ ~ ~ ~ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF INCOMPLETE APPLICATION - THIS IS NOT A PERMIT OWNER ID NUMBER: 2721 ~-'~, I~ RICHARD ZEIDLER PEOONIC BAY BLVD 0~ LAUREL, NY 11~8 ~ ~ APPLICA~ON ID: 1~4738-00058/0~01-0 B~TOH NUMBER: 63905~ ~ ~ ~.~ ~:' TOWN OF SOUT~OL~ PERM'S AP~IED FOR: I SECTION 401 - CLEAN WATER ACT: WATER QUALI~ CERTIFICATION I ARTICLE 25: TIDAL WETLANDS 1 ~TICLE 16, TITLE 5: ~CAVATION AND FILL IN NAVIGABLE WATERS FACIL~/PROdECT: ZEIDLER PROPER~ PROJ~T IS L~A~D IN SOUTHOLD IN SUFFOLK ~UN~. Y~r ~ ~ P~ is Inc~ete, ~ F~wing ~em~ ~e Required: SEE LETTER FROM DEC TO MR ZEIDLER DATED 12/29/89. YOU HAVE MODIFIED THE PROdECT TO CONSTRUCT IN THE SAME LAYOUT THE DEC OBdECTED TO ~ST YEAR. THE DEPARTMENT POSITION HAS NOT CHANGED. THE DEPARTMENT ACCEPTED THE BULKHEAD LAYOUT AS SHOWN IN YOUR P~NS DATED REVISED 13~30~90 AND 3/26/90, AS WELL AS THE ONE SHOWN IN THE ENCLOSED DIAG~M, WHAT IS THE R~SON FOR MODI~ING THE BULKH~D LOCATION AS SHOWN IN PLANS REVISED 9/21/90? NO FURTHER ACTION C~ BE T~EN UN~L ~L OF THESE MATER.S ~E RECEI~D CONTACT PER.N: KAREN A MUNZE SIGNA~RE: ~V~S~N OF ~GU~ORY AFFAIRS DATE: SUNY ~MPUS, BL~ 40, ROOM 2~9 ~LEPHONE NUMBER: 516-751-7900 ~ONY BROOK NEW YORK ~ 17~-2356 N~w York State Departmen~ of Environmental Conservation Building 40--SUNY, Stony Brook, New York ~I~ I[790,~2356 Commissioner December 29, 19'89 Mr. Richard Zeidler Peconic Bay Boulevard Laurel, New York 11948 Re: NYSDEC Permit Application No. 1-4738-00058/00001-0 Zeidler Bulkhead Dear Mr. Zeidter: This letter zs to follow up on your conversation with Mr. Charles Hamilton of the NYSDEC Bureau of Marine Habitat Protection (BMEP) on December 26, 1989. A field inspection of your proposed bulkhead site has been completed. The Department objects to the proposed location of the bulkhead as it will result in the filling of approximately 400~ sq. ft. of shoals and mud flats and littoral zone. The Department ~il! approve a bulkhead relocated to run from the northwestern rip rap at the same point as on your original proposal, t~ meet a segment of the existing bulkhead as shown on the attached diagram. This proposal involves the filling of only 100 square feet. The Depart- ment does not object no dredging to -4 feet mean low water. It is my understanding that you are considering modifying your proposal to include a boat slip in the eroded area. This may be preferable to your original proposal, as the canal appears to be rather narrow. If this is your intention, you will need to submit three copies of revised plans (including a cross section}. It is my understanding that you have raised a question as to who is re~resenting you in this matter. Your application came to this Department from En-Consuttants, Inc., Roy L. Haje, President- (copy enclosed). (Cbntinued) age 2 Mr. Richard Zeidler December 29, 1989 Please note enclosed authorization .with your na~e signed, If this is not your signature, and you wish Eh-Consultants to con- tinue to represent you, please send in.a dated letter of author- ization with your signature. If not, please inform this De- partment as to how you wish to proceed. {n either case, the Department will require from you either a notarized signature~ii! or a photostat of an official document showing your signature~ ~. (such as a driver's license). Processing of this application cannot proceed'u~il the Department is mn receipt of the above requested materials.. As I am handing this application, I am your Department contact person in this matter. Sincerely, Karen A. Munze Environmental Analyst cc: En-Consultants, Roy L. Eaje C. Hamilton~ BMHP EN-CONSULTANTS INC. !329 NC i-l, SEA RD, SOUTHAMPTON N. ¥, t1968 516-283-6360 o P. O. Box 1169 Peconic Bay Boulevard Mattituck, New York - 11952 SOIII~IOID TOWN BOARD OF TRUSTEES Town Hall, 53095 Main Road Southold, New York - 11971 AT]Iq: Mr. John Bredemeyer, President Gentlemen: October 19 ~1~9~9~Q~ TOWN OF SOUT~OLD On July 9, 1984, there was a legal Stipulation of Settlement decreed by Supreme Court Justice Bernard F. McCaffrey in County Court in Riverhead, regarding open- ing a paper road in front of our house, that had been grass since 1931, when the Edgemere Park sub-division was filed. Justice MeCaffrey ruled that a fifteen foot roadway could be paved, through the center, with seven and one-half feet on either side of the middle, with bluestone and the remainder to stay as it was. The grass was poisoned by Messrs. Carey and Zeidler and the bluestone put down, without any permit from your department, even t~hough it goes to the stonerip-rap at the edge of Brush's Creek. Last week, against the advice of his attorney and ours, Mr. Zeidler contracted to have the remaining grass removed and the roadway paved with asphalt, (black-top), including an additional five feet, making the sizetwenty feet by sixty feet, (20 x 60). There is presently two inches of black-top paved and they are await- ing a second two inch layer of asphalt and bluestone. This is deliberate and open defiance of a court ruling, and is in the hands of our attorney. My question to you is - Is it alright to remove the existing grass and pave so close to the creek with asphalt, without first consulting with the Board of Trustees? We would appreciate having you investigate this situation and advise if it is a permitted activity. We await your early reply. I ~n enclo~ng a copy- of a survey dated September 14, 1983 which shows the road as it existed at that time. The open grassed area noted, (between the roadbed and the creek), is that whichwas litigated and settled on July 9, 1984. Also, an excerpt from the ruling, where it states the size and use of the area in question. Yours ~very truly, g Margay ~ Walker, (~s. Bertr~ W. ) CC: DEC, KarenMunze COE, J&mes Haggerty DOS, Mohabir Presaud James Speiss, Esq. :1 % . ~c-~ --~'. :- ~- ' - ,- - . : with_ blues~ne to a width of fifteen either ~ide of the .midline at the Pla!n- ~ - tif£s'.~ CaterS-e~%~ns6 or at the expense of ~.~"%;~..'~.~2;'~/.~.~: -- ~' ~- 3)': ~e flag. lo h the ~-of the ;. ~.'~.z- t ' .-' .... - %. -. "- ~ = - . . , ..... [¥" '~ . - · 4) The pr!vet h~d~e ~t the ~rushe~ Creeki_ - ~ ~ -' .,~ .~/~"~ .~? ~ ~. ~."r-.~--~--. --,-?.'b'.~'~'~:~.~'~', · ' :- -- :' ~ ~ - ~-' ' ~' .' -,,< . ' "~ ' ~ ~2y~'.'j.~)~'h~?.~L,~="~i.'.~L~".~:c~,~?:~· . -~ ~- ,. , ,~ ~-~/~'-. - .~ ~ ~,. .- .~., ~....~,.~:v-'. ...... :.,.~-lt,..:~',,~r~:~,'..-~, ~ .¥ ..~o~ t~ ~ull fif.-~=.n. (15) f~t.v~=,h o~ the :~-,~,- ............... ,,..,. ~_ . :~,.~e~ h!ue.ton~ ~ve8 ~ortlon of the rl ht , '-,.r.' ,: : ~.u ;~ ~-. :.u:.,of~:.~ -the ~fen~mnt,. ~alker~ .. . . . ...... := TRUSTEES ohn M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, .Ir. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 22, 1990 Roy Haje En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 RE: Richard Ziedler SCTM ~1000-145-4-15 Dear Mr. Haje: Enclosed please find your check ~3005 in the amount of $150.00 for the above referenced application. This office received your request to amend this permit and the $35.00 fee and will review same. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB: jmt Eric. Peconic Bay Boulevard P. O. Box 1169 Mattituck, New York-il952 October 17, 1990 Mr. John Bredemeyer, President SOUTHOLD TOWN BOARD OF TRUSTEES Town Hall, 53095 Main Road Southold, New York - 11971 RE: En-Consultants, Inc. Application for R. Zeidler to Bulkhead on Brush's Creek dated 10/3/90 Dear Mr. Bredemeyer: We have just perused Richard Zeidler's latest request to bulkhead 47' along Brush's Creek. Since we will be out of town for the next few weeks, and unable to attend a hearing, (if there is one), there are several points we feel should be clarified. Page two of application states "0" yard to be excavated and "0" yards to be filled. However, the revised sketch attached to the form clearly delih-e~s~ an area to be filled. With what, and how, and to what level? 2. Also page two. "Manner in which material will be removed or deposited". Answer is n/a, which we assume means 'not applicable'. Why not? 3. Distance to nearestchannel is approx. 2', not 20'. Don't know is that's rel- evant information. Page two again. nothing stated. Nothing stated. "Describe fullythe rehabilitation of property". There is Also, "Describe condition of property after work is completed". Why? That would seem to be relevant. We feel it is important to know what condition and level this area will be, after completion of bulkheading~ After the pool was installed, the Board stipulated that thisarea was to be replanted with grass and the ground level restored to its orig- inal line. We feel these conditions should still apply and be reiterated ... if the Trustees permit him to go forward with his current proposal. Since it is with- in our deeded view easement, we continue to look for protection against his violat- ing it once again. This past week, Mr~ Zeidler deliberately defied a Court ruling and paved a 20 x 60' roadway to the creek with blacktop. A supreme court justice had decreed that it was to be fifteen feet. This is now in the hands of our attorney, who is prepar- ing a lawsuit. In view of the pending litigation, theBoard might wish to post- pone action of this request until the roadway issueis settled. It adjoins the bulkheading site and the two actions seem to be related. Incidentally, is he al- lowed to pave to the creek without Trustees permission? His house in on the market, as you know, and it is rumored to be sold. We do not wish to have this continuing controversy transferred to a new owner and feel all current problems must be resolved before the property is conv~yed. Thanking you for your consideration, we remain-- cc: DEC #1-4738-00001-0, KarenMunze COE #89-1163-L2/ James Haggerty DOS #89-1163-L2, Mohabir Presaud Yo~urS very truly, . and Bertram W. Walker TS, INC. ENVIRONMENTAL SERVICES TOWN OF $OUT~OLD IAMPTON, NEW YORK 11968 516-283-$360 FAX NO. 516-283-6136 October 3, 1990 Board of Trustees Town of Southold Town Hall, 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Richard Zeidler SCTM ~1000'145-4-15 Dear Sirs: My client wishes to file a new application for a 47' section of bulkhead terminating in a 16' return on the north side of the property. No dredging will be done at all. Please process our application and advise of any further requirements. RLH: khs E~C · CC: You~ truly, RO.~_~,. Hajet/ President DEC #1-4738-00058/00001-0, Karen Munze COE ¢89-1163-L2, James Haggerty DOS ¢89-1163-L2, Mohabir Presaud Richard Zeidler BOARD OF TOWN TRUSTEES TOWN OF SOUTHOI-r~ Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 T~T.~PHONE (516) 765-1892 APPLICATION IS HERE~Y MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOr,D, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS: FLOOD PLAINS AND DRAINAGE A~V. AS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. DATE APPLICANT'S NAME: Richard Zeidter by En-Consultants~EL. NO. 516-298-43i- MAILING ADDI~ESS: Peconic Bay Boulevard, Laurel, New York 11948 AGENT: En-Consultants, Inc. TEL NO. 516-283-636© AGFlqT ADDRESS: 1329 North Sea Road, Southampton, New York 11968 PERMIT REQUESTED TO: Construct a 47' section of bulkhead terminating in a 16' return on the north side of the property. LOCATICN OF PROPERTY FOR Laurel REQUESTED PERMIT: unnamed road off McDonald Laurel HAMLET:- TAX MAP NO: 1000- 145- 4-15 CREEK, BAY OR HAPd~OR FRONTING PROPERTY: SIZE OF PROPOSED WORK: LENGTH: 63' Brushs Creek WIDTH: n/a App. Page 2. YDS. TO BE EXCAVATF.~: 0 YDS. TO BE FILLED: 0 MANNER IN WHICH MATERIAL WILL BE REMOV~.n OR DEPOSITED: n/a . WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: 40± DEPTH AT LOW TIDE: 4' AVER. RISE IN TIDE: DISTANCE TO NEAREST CHANNEL: 20'± DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: AREA ZONING: Residential IS PROJECT FOR PRIVATE OR BUS. USE: Ilfl~U USE OF PROPERTY: existing residence DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: 0 private none known HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DP~DGE, OR DEPOSIT FILL ON SAID PRE/4ISES: none known HAS ANY LICENSE OR PERMIT EVER BEEN REVOF~ OR SUSPENDED BY A GOVERNMENTAL AGENCY: none known DESCRIBE FULLY THE REHABILITATION OF PROPERTY: DESCRIBE PROPOS~n CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: none known WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT: SEE ATTACHED I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SE( PART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) 1. APPLICANT/SPONSOR / 2. PROJECT NAME Richard geidler by En-Consultants, I~c. 3. PRO-~ECTLOCAT1ON: u=named road off McDonald Road Muni¢loaltty Laur e 1 c0u.~ S uf f o lk PRECISE LOCA~ON (Strut a~dre~ and ro~ intemection% prominent l~imazk~ etc~ ~ ~mvi~e m~) To find: NY Telephone pole 82 is at entrace to "Edgemere" subdivision. Go south on this road to end. Turn right to end of unnamed road~ Zeidler parcel is on south side of this road. 5. lS PROPOSED ACTION: [] New [] Expansion [] Mo~[iftcation/alteration 6. DESCRIBEPROJE~ BRIEFLY: Construct a 47' section of bulkhead terminating in a 16' return on the north side of the property. 7. AMOUNT OF LAND AFFECTED: Initially ~ -F acres URimately ~ + acres WiLL PRORr3SED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No It No, descnt:e {:nelly 9. WHAT I$ FRESENT LAND tJ$;: iN VICINITY OF PROJECT? r~ Res~dennal r-~ !n~3uatrtal ~ Commercial Descr~t3e: [] Agriculture [] ParklFeres'JO~en s~ace ~ Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FECERAL ~TATE OB LOCAL)? [] Yes [] ~';o If yes. Jist agency(s) and 'perrnitlapprovals DEC COE 11. DOES ANY ASPECT OF THE ACT:OH HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~Ho If yes, list agency name ancl i:errmUapproval 12. AS A F%ESULT OF ~:ROPOSEO ACTION WiLL EXIST1NG PERMIT/APPROVAl. RF. QUIRE MODIFICATION? [] Yes [] No CERTIFY THAT THE iNFORMATiON PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE ~a~,: Richa Zeid~r ~b¥ En-Consultants, Inc. Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ._ 1 ,PART 1--[3ROJ ECT'., INFORMATION.. , i~ !. ~;':.'. .'~:~,.i... ErePa~ed by Project. Sponsor ': ' · NOTICE: This d(~;~men~:i~;sig~t; ~;s;iSt ;i~?eter~n{n'i'~8 whether:~he action pr015osed may hay; ~ignificant on the envir°nm&nt~,pl&aSe~0mpiete the entire fbrm, 'Parts A: throuBh E; Answers to these questions will as part of the application for a~proval and may be subject to further verification and public review. Provide any addi information you believe 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 in new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and each instance. . . NAME OF ACTION LOCATION OF ACTION (Include Slrcet Address~ Municipality end County) NAME OF APPLtCANTISPONSOR En-Consultants, Inc. 1329 North Sea Road ~USiNESS TELSPHONE (516) 283-6360 ClTfIPO : j STATE ZIP CODS Southampton I NY 11968 Richard Zeidler ¢516) 298-4317 ADDRESS Peconic Bay Boulevard CiTY/PO j STATE t ZIPCCDE Laurel, NY i1948 O£SCmPT~ON CF Construct a 4~' section of bulkhead terminating in a 16' return on the north side of the property. Please Comp{ere 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: OUrban [~lndustriaJ t-lForest i-]Agriculture 2. Total acrea~le of project area: APPROXIMATE ACREAGE Meadow or grushiand (Noma~rJcultural] Forested AgricuJturaJ (includes orchards, cropJand, pasture, etc.) Wetland (Freshwater or tidal as per AmcJes Water Surface Area Unvegetated IRock, earth or fill) Roads, buildings and other paved surfaces Other llndicate type) t~d.s~aped. 3. what is predominant soil type{s) on project site? sand a. Soil drainai4e: 100 ii'Well drained ~Pooriy drained F'lCommerciai [~O~her acres. ~Residential (suburban) PRESENTLY AFTER C©,'-',PLE T~CF acres acres acre acres acre: aCr~'5 · 1 acres . .2 .2 .45 acres .45 %' of sJ[e [-q~ModerateJy ',','ell drained ?3 of site % of site b. If any agricultural land is ~nvolved, how many acres of soil are classified within sod ~lroup 1 throL, qh 4 of the ~ Land Classification System? acres, (See 1 NYCRR 370~. Are there bedrock outcroppings on pro;cci site? ~Yes ~No 100+ 5..,Approximate percentage of proposed proiec~ site with slopes:..' ':i~LO-10°,G. · . . , . ... :.. ~'. . .. ::.~-.: .... ;,~i~.~ Orm~ea~: .... '-% .... · . · , ;, ...- ~ · .. * ~'~.~ · , . ~. c-.:;::::.,.~.4~*.',:'.~..": -. ~.?-~.: :-. * .. .. · .. '~ · 6. 115 Project: sb'Ssta~dal[~ '~0ntigu°us to, ~:'~tain. ~' buildings: si~e,.:'~.di~t~ct,..l~it~ ~n '~e State or the Nation~ Registers of' Historic Places~" '-~ ~Y~s ":'=~"?"~& '? ......... ':." ':"'~.~' ' ' : .';' ': 7. Is project substantially contiguous to ~ ~ite listed on the Register of N~tion~[ NAtur~J.LAndmArks~ ~Yes 8. Wh~t is the depth of the water table~ 5 ~ (in feet) 9. Is site located over a primal, principal, or sole source aquifer~ ~Yes ~No 10. Do hunting, fishing or shell fishing oppo~unities presently exist in the project area~ ~Yes ~No 11. Does project site contain any species of plant or animal life that is identified as threatened or e~dangered ~Yes ~No According to . Roy ~, Identify e~ch species 12. Are there any unique or unusual land forms on the project site~ (i.e., cliffs, dunes, other geological formations Describe 13. is the proiect site presently used by the community or neighborhood as an open space or recreation area. ~Yes - E'lNo If yes, explain 14. Does the present site include scenic views known to be important to the community? DYes ~No 15. Streams within or contiguous to proiect area: Brush' s Creek a. Name of Stream and name of River to which it is tributary 16. 17. Lakes, ponds, wetland areas within' or contiguous to project area: a. ,~ame is the s~te served by ~xisting public utilities? E~Yes {~No al If Yes, does sufficient capacity exist to allow connection? b) If Yes, witl improvements be necessary to allow connection? b. Size (In acres} ~Yes ~No ~.Yes ~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets La~v. Art~c!e 25-A.R Section 303 and 3042 EYes ~No 19 is the site located in ar substantially contiguous to a Critical Environmental Area designated pursuant to .&rt~c~e ~ of the ECL. and 6 NYCRR 6177 ~Yes I~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I-lYes E~:No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate} a. Total contiguous acreage owned or controlled by project sponsor .7.5 b. .75 acres initially; .75 c. d. e. f. h. UJtlma:t'lv l~_/a i. Dimensions 0n teetl of largest proposed structure T~./R height: I- Linear ~oet of ~fon~,~e ,3Jong ,~ public thorouqi~fnre prolt~£t ~wi[ occup,,' Project acreaqe to be developed: Proiect acrea~,e to remain undeve!oped - acres. Length of project, ~n redes: - Jif appropriate} If the profec£ ~s an expansion. ~nrJicate percent of expansion proposed Number of off-street ()arkm~4 spaces existing n,/F~ ; proposed ,Maximum v~hicuiar tnp~ ~en~,ratcd per hour ~./~ If res~dcntial. Number and type ~f hous,ng units: One Faro.tV Two Family acres. acres ultimately {upon completion of project)? /rtl. Il tiple Family Condominium width: len~th n/~ 2'~.;Approvats Required:. :.' :. Ci~, TOwn, Village Planning Board "'~Yes City. Town Zoning Board I-lyes rlN'o City, County Health Department I-IYes C~No Other Local Agencies ~Yes I-INo Other Regional Agencies C]Yes . I-~No State Agencies I~Yes I-~No Federal Agencies ~Yes r'3No Trustees · DEC, TW CO~r Section SUbmit .. Date 10/90 ~0/90 10/90. C. Zoning and Planning Information· ' 1. Does proposed action involve a planning or zoning decision? r'Wes ~]No _ If Yes, indicate decision required: F'izoning amendment r3zoning variance I-Ispecial use permit I-lsubdivision ~site plan I-Inew/revision of master plan 1'3resource management plan I-Iother 2. What is the zoning classification(s)of the site? Residential 3. What is the maximum potential development of the site if developed as permi'tted by the present zoning? One-family dwelling 4. What is the proposed zoning of the site? n/a · 5. What is the maximum potential development of the site if developed as permitted by the proposed ~ning? n/a 6. [s the proposed action consistent with the recommended uses in adopted Iocai land use plans? ~Yes 7. What are the predominant land use(s} and zoning classifications within a % mile radius of proposed action~ ~/a 8. Is the proposed action compatible with adiainingisurrounding land uses within a '4 mile? ~Yes 9. I~ the proposed action is the subdivision of land, how many lots are proposed? = a. What is the mimmum lot size proposed~ 10 Will proposed action require any authorization(s} for the formation of sewer or water districts? E~Yes j 11 Will the proposed action create a demand for any community provided services (recreation, education, pc fire protection}? F'lYes I~No a. tf yes, is existing capacity sufficient to handie projected demand? J']Yes 12 Will the proposed action result in the ~eneratian of traffic signii:icantly above present levels? ~Yes a. If yes, is the existing road network adequate to handle the additional traffic? I-lYes r-]No D. Informational Details Attach any ,'~dditionaJ information as may he needed to clarify your project· If there are or m'av be any adv ~mpacts associated w~th your proposal, please discuss such m~pacts and the measures which you propose to rnitlgat avoid them. E. Verification I certify that the ,Fo/Imat~on/~o¥,ded .above isl true tO the best of knowledge. my Appiicanb'Sponsor Na~/ R~lff~r~ Zeidler by Eh-COnsultants, Inc. Date 10/3/90 ._ Signaturep,~,, ~ '~'.'.~t=_~'X /~,~, Title President _ If the action r~'nz Ih~ ~Eo~'4~Area. and ?au area state aRenc¥, complete the Coastal Assessment Form he'ore with ~his assessment. TO WHOM IT MAY CONCERN: I, Richard Zeidler hereby authorize Eh-Consultants, Inc. to apply for permits on my behalf. ~,_L A U R E L l,~ o ~,no ADJACENT OWNERS Betram Walker Peconic Bay Boulevard, Box 1169 Mattituck, New York 11952 Joan Chisholm Edgemere Park Laurel, New York 11948 Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 · = MONUMffNT LOT NUMBERS ffEFEN TO MAP OF OFF/~ OF T~E CLERK OF SUFFOLK COUNT~ ON 8UL~ ~ I~i R$MRP SUFF. CO. TAX MAP D/ST 700 SECT. 145 BI.04 LOT 015 I R~v/s/o~s ] YouN~ & YOUN~ ~ /9, MAY R/CHARD ZEIDLE~ SCALE: I" 40 NEW YORK BOARD OF TITLE UNDERWRITERS FORM IOOD CHICAGO TITLE INSURANCE COMPANY in consideration of the payment of its charges for the examination of title and its premium for insurance, in,~ures the within named insured against all loss or damage not exceeding the amount of insurance stated here'm and in addition the costs and expenses of defen,~ing the tifle, estate or interest in.~ured, which the insured shall sustain by mason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the in~ured therein as herein set forth, or by reason of unmarketab'flity of the title of the insured to or in the premi.~es, or by reason of liens or encumbrances affecting rifle at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of a lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth in Schedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 117 East Main Street Riverhead, New York 11901 iATTEST: ~L~f. ~:~ Secretary. Number 7908-011 O0 Date .of issue May 25, 1979 Name of Insured: RICHARD ZEIDLER AND RUTH ZEIDLER, HIS WIFE Amount of Insurance $120,000.00 The estate or interest insured by this policy ks FEE SIMPLE vested in the insured by means of DEED Made by JOHN d. KELLY AND ANN LEGGIERO KELLY, HIS W. IFE, to the INSURED, dated May 25, 1979. SCHEDULE A The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed. SCHEDULE B The following estates, interests, defects, objections to title, liens, and incumbrances and other matters are excepted from the coverage of this policy. i. Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforce- ment of any governmental, war or police powers over the premises. 3. Any laws, regulations or ordinances lincluding, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any violation thereof. 7. Mortgage for $42,000.g0 and interest. 4. Judgments against the insured or estates, interests, defects, objections. liens or incumbrances created, suffered, assumed or agreed to by or with the privity of the insured, 5. Title to any property beyond the lines of the premises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lot. es. ways or waterways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this poiicy specificaiiy provides that such titles, rights, or easements are !nsured. Notwithstanding any provisions in this paragraph to the contrary, this policy, unless other- wise excepted, insures the ordinary rights of access and e~ress belonging to abuttina owners. 6. Title to any personal propertv, whether the sa~:le be attached to or u~ed in connection with said premises or otherwise. e ® 10. Equitable Covenants and Restrictions in Liber 2411 cp 387. Reservation in Liber 2083 cp 336. View Easement and Restrictions as set forth in Liber 6994 cp 127. Agreement in Liber 6994 cp 191. Survey by: Young & Young, dated 4/17/79, shows a l-story frame house and garage. Also shows bulkheads and view easement. Variation between fences and record lines. No encroachments and no violations of Covenants and Restrictions. Policy will except any changes since the date thereof. No title is insured to any land lying below the present or anyformer high water tine of Brushs Creek and Peconic Bay. continued NOTE: ATTACHED HERETO ADDED ]PAGES. Policy Number Policy Number 7908-011 O0 (Schedule continued ) ll. 12. 13. 14. 15. 16. Except riparian rights and easements of others to and over Brushs Creek and Peconic Bay, but policy does not insure any riparian rights or easements in favor of the owner of the premises herein. Except the right of the United States Rovernment to establish harbor, bulkhead or pierhead lines or to change or alter any such existing lines and to remove of compel the removal of fill and improvements thereon (including buildings or other structures) from land now or formerly lying below the high water mark of Brushs Creek and Peconic Bay without compensation to the insured. Except the rights of the United States ~overnment, the State of New York and Town of Southold,and or any of their denartments or agenices to regulate and control the use of the p~ers, bulkhead, land under water and land adjacent thereto. Pursuant to Section 302(3) of the Real Property Tax Law the (partial) exemption of the premises from taxation will terminate i~,~)ediately upon transfer of title or death of said owner entitled to such exemption and said premises shall be taxed pro rata for the unexpired term of the taxable year, and subsequent thereto, at the full valuation without benefit of such tax exemption. Policy by its standard terms insures the ordinary right of access and egress belonging to the abutting owners over the street(s) in front of the premises. 14ater charges, if any. Rights of present tenants, if any. CHICAGO TITLE INSt'RANCE COMPANY F-t 0449-01 TITLE NO. 7908-01100 -99 SCHEDULE A -- Description ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of' Southold, County of Suffolk and ~Tat~. of New 'York, ~uown and designatcd c.c parg of Lot lZ aac~ ail of Lo[~ ~J and 14 on map ear titled, "Map of Edgemere Park at Laurel, I~,I., N.Y.", D.R. Young,~ Surveyor, lqiverhead, N.Y., dated !March 193I and filed irt the Office of the Clerk of the Couvty of Suffolk on July 2nd, 1931 as Map ~742, said lots and part of lot, when taken together are more particularly bounded aud described as follows: BEGINNING at a point on the sou:heasterly side of a roadway, distant 40.89 feet southwesterly when measured along the southeasterly side of a roadway from the extreme southwesterly end of the arc of a curve connecting the said southeasterly side of a roadway with the southwesterly, side of,a roadway as said roadways are shown on the above mentioned map; ., RUNNING TI-TENCE South 35 degrees 16 minutes 00 seconds East and through Lot 12, 185.74 feet; ' , THENCE South 38 degrees 24 minutes West,' 143.38 feet to the line of a buLkhead and the meqn high water mark of Peconic Bay and ~rushs Creek; THENCE Northwesterly,. westerly and again and mean high water mark of Brushs Creek, (1) North 33 degrees 17 minutes 40 seconds (2) 7North 81 degrees 38 minutes West 18.51 (3) North 16 degrees 47 minutes 30 seconds (4) North 67 degrees 34 minutes 30 seconds (5) North 40 degrees 46 minutes 16 seconds side of a roadway. northwesterly along the said bulkhead linc the following five (5) courses and distances: feet;- West 13.83 feet; West 11.76 feet; West, 52.65 feet to the southeasterly THENCE North 51 degrees 07 minutes East along the southeasterly side of said roadway, 153.84 feet to the point or place of BEGINNING~ FOR INFORMATION ONLY: Dist. 1000 Sec. 145 Blk. 4 Lot. 15 CONDITIONS OF THIS POLICY 1. Definitions (a) Wherever the term "insured" is used in this policy it includes those who succeed to the interest of the insured by opera- tion of law including, without limitation, helm, distributees, devisees, survivors, personal representatives, next of kin or corporate suc- cessors, as the case may be, and those to whom the insured has assigned thi.~ policy where such assignment is permitted by the terms hereof, and whenever the term. "insured" is used in the con- ditions of this policy it also includes the attorneys and agents of the "insured." (b) Wherever the term "this company" is used in this policy it means Chicago Title insurance Company. (c) Wherever the term "find determination" or '~naily deter- mined" is used in this policy, it means the final determination of a court of competent jurisdiction after disposition of all appeals or after the time to appeal has expired. (d) Wherever the term "the premises" is used in this policy, it means the property insured herein as described in Schedule A of this policy, including such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which property insured herein lies. 2. Defense and Prosecution of Suits (a) This company will, at its own cost, defend the insured in ail actions or proceedings founded on a claim of title or encumbrances not excepted in this policy. (b) This company shall have the right and may, at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon or under any convenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all cases where this policy requires or permits this com- pany to prosecute or defend, the insured shall secure to it the right and opportunity to maintain or defend the action or proceeding, and all appeals from any determination therein, and give it ail reasonable aid therein, and hereby permits it to use therein, at its option, its own name or the name of the insured. (d) The provisions of this section shall survive payment by this company of any specific loss or payment of the entire amount of this policy to the extent that this company shall deem it neces- sary in recovering the loss from those who may be liable therefor to the insured or to this company. 3. Cases Where Liablllty Arises No claim for damages shall arise or be maintainable under this policy except in the following cases: (a) Where there has been a final determination under which the insured may be dispossessed, evicted or ejected from the prem- ises or from some part or undivided share or interest therein. (b) Where there has been a final determination adverse to the title upon a lien or encumbrance not excepted in this policy. (c) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest, or where the insured estate has been sold for the benefit of the insured pursuant to the judgment or order of a court and the title has been rejected because of a defect or encumbrance not excepted in this policy and there has been a final determination sustaining the objection to the title. (d) Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior lien or encumbrance not excepted in this policy; or where a recording officer has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because of a defect in the title to the said mortgage. (e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and the title shall have been rejected by the proposed lender and it shall have been finally determined that the rejection of the title was justified because of a defect or encumbrance not excepted in this policy. (f) Where the insured shall have transferred the tire insured by an instrument containing covenants in regard to title or warranty thereof 'and there shall have been a final determination on any of such covenants or warranty, against the insured, because of a defect or encumbrance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that - the insured is not entitled to a full award for the estate or interest taken because of a defect or encumbrance not excepted in this policy. No claim for damages shall arise or be maintainable under this policy (1)' if this company, after having received notice of an alleged defect or encumbrance, removes such defect or encumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. 4. Notice of Claim In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the insured of any claim adverse to the title insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process of pleading in any action or proceeding, the object or effect of which shall or may be to impugn, attack or call in question the validity of the title hereby insured, the insured shall promptly notify this company thereof in writing at its New York office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in for- warding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in the future prejudice this company. 5. Payment of Loss (a) This company will pay, in addition to the loss, all statutory costs and allowances imposed on the insured in litigation carried on by this company for the insured under the terms of this policy. This company shall not be liable for and will not pay the fees of any counsel or attorney employed by the insured. (b) In every case where claim is made for loss or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may involve liability under this policy; or (2) may terminate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, demand a valuation of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by this company, and the two thus chosen selecting an umpire. Such valuation, less the amount of any encumbrances on said insured estate and interest not hereby insured against, shall be the extent of this company's liability for such claim and no right of action shall accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been served upon this company, and the insured shall have tendered a con- veyance or assignment of the insured estate or interest to this company or its designee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest. (c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary interest of such collateral holder in the premises. (d) All payments made by this company under this policy shall reduce the amount hereof pro tanm except (1) payments made for counsel fees and disbursements in defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured in such actions and proceedings, and (2) if the insured~i~ a mortgagee, payments made to satisfy or subordinate prior liens or encumbrances not set forth in Schedule B. (e) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within thirty days thereafter. Form 3328 CONDITIONS (Continued on Reverse Side) ~ONDITIONS OF THIS 6. Co-insurance ~nd Apportionment (a) In the event that a partial loss occurs after the insured makes an improvement subsequent to the date of this policy, and only in that event, the insured becomes a co-insurer to the extent hereinafter set forth. If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the improve- ment. The foregoing provisions shall not apply to costs and attor- neys' fees incurred by the company in prosecuting or providing for the defense of actions or pruceedings in behalf of the insured pursuant to the terms of this policy or to costs imposed on the insured in such aetiuns or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing co-insurance provisions shall not apply to any loss arising out of a lien or eucumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such insurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centtun of the amount of this policy. (b) If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not ali of said parcels, the toss shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels, exclusive of improvements made sub- sequent to the date of this policy. (c) Clauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor. (d) If, at the time liability for any loss shall have been fixed pursuant to the conditions of this policy, the insured holds another policy of insurauce covering the same loss issued by another eom- party, this company shall not be liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of insurance held by the insured, unless another method of apportioning the toss shall have been provided by agree- ment between this company and the other insurer or insurers. 7. Assignment of Policy If the interest insured by this policy is that of mortgagee, this policy may be assigned to and shall enure to the benefit of succes- sive assignees of the mortgage without cunsent of this company or its endorsement of this policy. Provision is made in the rate manual of New York Board of Tide Underwriters flied with the Super- POLICY (CONTINUEID ! intendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grantees of the insured in certain specific circumstances only. In no circum- stance provided for in this section shall this company be deemed to have insured the sufficieucy of the form of the assignment or other instrument of transfer or conveyance or to have assumed any lia- bility for the sufficieucy of any proceedings after date of this policy. 8. SubrogntEon (a) This company shall, to the extent of any payment by it of loss under this policy, be subrogated to ail rights of the insured with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to any remaining interest of the insured. (b) If the insured is a mortgagee, this company's right of subro- gation shall not prevent the insured from releasing the personal liability of the obtigor or guarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. 9. Misreprasnntntion Any untrue statement made by the insured with respect to any material fact, or any suppression of or failure to disclose any mate- rial fact, or any untrue answer by the insured to material inquiries before the issuance of this policy shall void this policy. 10. No Waiver of Conditions This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. 11. Policy Entire Contract All actions or proceedings against this company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms and conditions. 12, Validation and Modlficntlan This policy is valid only when duly signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments creating the insured inter- est is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assess- ments, water charges and sewer rents. D[st 100( Sec. 145 :Block 4 Lot is DATED: May 25, 19 79 Mortgage made to THE UNION SAVINGS BANK OF LONG ISLAND, a domestic banking corporation having its principal office at 62 South Ocean Avenue, Patchogue, Suffolk County, New York, hereinafter called the bank by RICHARD ZEIDLER and RUTH ZEIDLER, his wife, both residing at 55 ~hippoorwill Lane, Patchogue, New York, referred to as "I" WITNESSETH: To secure the payment ora Note dated this date in the sum of FORTY-TWO TtiOUSAND AND 00/100 ........... ($ 42 -000.00 . ) Dollars, and the promises I make in this agreement I hereby mortgage to the ba'n~e all my interest to my property located at s/s Peconic Bay Boulevard, Great/ Suffolk County; New York, and described as follows: Peconic Bay, Town of 5o1 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as part of Lot 12 and all of Lots 13 and 14 on map entitled, "Map of Edgemere Park at Laurel, L.I., N.Y.", D.R. Young, Surveyor, Riverhead, N.Y., dated March 1931 and filed in the Office of ' the Clerk of the County of Suffolk on July 2nd, 1931 as Map 9742, said lots and part of lot, when taken together are more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of a roadway, distant 40.89 feet southwesterly when measured along the southeasterly side of a roadway from the extreme southwesterly end of the arc of a curve con- necting the said southeasterly side of a roadway with the southwesterly side of roadway as said roadways are shown on the above mentioned map; RUNNING THENCE South 35° 16' 00" East and through Lot 12, 185.74 feet; THENCE South 38° 24' West, 143.38 feet to the line of a bulkhead and the mean high water mark of Peconic Bay and Brushs Creek; THENCE northwesterly, westerly and again northwesterly along the said bulkhead line and mean high water mark of Brushs Creek, the following five {5) courses and distances: ' 2. 3. 4. 5. North 33° 17' 40" West 128.20 feet; North 81° 38' West 18.51 feet; North 16° 47' 30" West 13.83 feet; North 67° 34' 30" West 11.76 feet; North 40° 46' 16" West, 52.65 feet to the southeasterly side of a roadway. THENCE North 51° 07' East along the southeasterly side of said roadway, 153.84 feet to the point or place of BEGINNING. BEING AND INTENDED to be the same premises conveyed to us by deed from John J. Kelly and Leggiero Kelly, his wife, dated This mortgage is on real property principally improved or to be improved by a one or two family residence only. ' This is a purchase money mortgage which means that the money given to me was used as part payment of the purchase price of the property purchased by me, and this mortgage is intended to be recorded at the same time as the deed to me. 'This mortgage also covers: (1) all buildings now or in the future on my property, the plumbing, heating, electrical systems, and all' fi.~ct~ures~and articles of personal property which are now or in the future attached to or used in con- nection therewith; (2) all my interest, in streets abutting my property to the center line thereof, including any easements; and (3) all condemnation awards, direct or consequential, including change of grade, which awards are assigned to the bank, and the bank is authorized to collect such awards directly from the authorities and to give receipts on my behalf, applying the proceeds toward the unpaid balance of the Note even though my payments are current; and I agree to sign and deliver any documents necessary to ef- fectuate the payment of aforesaid awards to the bank free of all liens. I PROMISE THE BANK, TO DO THE FOLLOWING: FIRST: DEBT: I will pay, when due, the principal and interest under the Note; late charges and prepayment charges as stated in the Note; the terms of the Note being made a part hereof. SECOND: PAYMENT OF LIENS: I will pay all taxes, special assessments, sewer rents and water rates that may be a lien on the property and if I default, the bank may pay the same, and add such payments to the unpaid principal secured by this mortgage. THIRD: FUNDS FOR TAXES AND INSURANCE: I will make my payments referred to in paragraph SECOND to the bank~ together with my payments of principal and interest, in a sum equal to one- twelfth(l~l 2th)of the taxes, special assessments, sewer rents and water rates next due on the premises, plus, unless waived bythe bank, one-twelfth (1/12th) of the premiums for fire and hazard insurance required by the bank, all as estimated by the bank, to be held in trust, with interest as determined by the New York Banking Board, until the Note is fully paid. My aggregate payment shall be applied by the bank to the following: (a) taxes, insurance, special assessments, sewer rents and water rates; (b) interest; and (c) amortization of principal. FOURTH: LATE CHARGES: In the event I fail to make my aggregate payment referred to in paragraph THIRD by the fifteenth (15th) day of the month, a "late charge" of two (2) cents for each dollar overdue may be charged by the bank for the purpose of defraying the expense incident to the handling of my delinquent payment. FIFTH: PRESERVATION OF PROPERTY AND INSPECTION: I will keep my property in good repair and in a habitable condition and shall promptly comply, but no later than three (3) months from notification thereof, with all requirements of the governmental bodies having jurisdiction; I will not permit or commit waste, impairment, removal, demolition or the deterioration of my property. You have the right to enter and inspect the property on reasonable notice and at any reasonable time. SIXTH: HAZARD INSURANCE: (a) For your benefit, I will keep all buildings now or in the future insured against loss by fire and such hazards normally covered by "extended coverage" hazard insurance and such other hazards as may be required by the bank, and will pay when due on all premiums thereon. All insurance policies shall name the bank as First mortgagee and contain the Standard New York Mortgagee Clause in favor of the bank and shall not be cancellable without the bank's written consent. (b) On my default, the bank may, at its option, obtain an insurance policy satisfactory to protect its interest and add the cost of the premiums to the unpaid principal secured by this mortgage, however, the bank shall have no obligation to do so. (c) On demand, I will assign and deliver the insurance policies to the bank. (d) Each insurance company is authorized and directed to make payment directly to the bank to the extent of its lien, instead of to me and the bank jointly; the proceeds are to be applied to the reduction of the Note in the event the property damaged is not repaired to the satisfaction of the bank within six months from the date of the loss. SEVENTH: FLOOD INSURANCE: I will keep the buildings on the premises insured against loss by flood if the premises are located in an area identified by the Secretary of 'Housing and Urban Development as an area having special flood hazards and in which flood insurance has been made available under the Nationa! Flood Insurance Act of 1958; and will assign and deliver the policies to the bank; and that I will reimburse the bank for any premiums paid for insurance made by the bank on my default in so insuring the buildings or in so assigning and delivering the policies. EIGHTH: STATEMENT OF AMOUNT DUE: Within ten (10) days after demand, I wi!! furnish a written statement to the bank, duly acknowledged, of the amount due on this mortgage and whether any offsets or defenses exist against the mortgage debt. NINTH: DEFAULT AND ACCELERATION OF DEBT: The entire unpaid principal balance and in- terest shall become immediately due at the option of the bank: (a) upon my breach of any provision of this mortgage, Note or building loan agreement. (b) after default in payment of any tax, insurance premiums, sewer rent, water rates or special assessment for fifteen (15) days after notice and demand, notwithstanding that same may not be due and payable at the time of such notice and demand. TENTH: NOTICE: Notice and demand may be in writing and may be served by mail. ELEVENTH: OWNERSHIP OF PROPERTY: I warrant the title to the property and will pay any losses incurred by the bank if someone else owns the property. I will defend my ownership against any claims of others involving my property. TWELFTH: SINGLE ~ARCEL: In case of a sale, my property, or so much as is covered by this mortgage, may be sold in one parcel. ~THIRTEENTH: PROT. ECTION OF LIEN-FORECLOSURE: If any ~ction or proceeding (including foreclosure) is dommenced :, ~hich the bank is a party or in which becomes necessary to defend or enforce the lien of this mortgage, all sums paid by the bank (includin~ reasonable counsel fees) and all sums paid to preserve, secure and repair the property shall be paid by me upon demand, together with ~intere~t at the rate of six (SM) percent per year, and shall be a lien on the property secured by this this mortgage superior to any right, title, or interest or claim upon the property, accruing after the signing of this mortgage. In any foreclosure proceeding or action for the collection of the debt secured thereby, the provisions of law respecting the recovering of costs, disbursements and allowances shall prevail unaffected by this paragraph~ FOURTEENTH: RECEIVER: The bank in a foreclosure proceeding shall be entitled to the ap- pointment of a receiver of rents and profits to look after the property and to collect rents from any tenants on the property. This action may be taken without prior notice to me and without reference to the value of the property. If I occupy all or any part of the property, then the receiver may collect a reasonable charge from me for use and occupancy payable monthly in advance and if I refuse I may be evicted by sum mary proceedings or otherwise and remain liable for payment of my occupancy. FIFTEENTH: ASSIGNMENT OF RENTS: I give you the right to collect all rents due from tenants or occupants of the property. Before the bank exercises its rights, I may collect the rents. Upon the bank giving me five (5) days written notice that I have not kept my promises made in the Note or this mortgage, you may collect the rents. If I occupy the premises, then I agree to pay a reasonable charge for my use and occupancy payable monthly in advance and if I refuse, I may be evicted by summary proceeding Or otherwise and shall remain liable for payment of my occupancy. I will not assign the rents to any other person without your written consent. SIXTEENTH: ADDITIONAL ADVANCES: This mortgage shall secure future advances to me, provided the maximum amount so secured may not exceed the original principal amount. Nothing herein contained shall obligate the bank to make future advances. SEVENTEENTH: ASSUMPTION OF THIS MORTGAGE: This mortgage shall become immediately due and payable upon the sale or transfer of title to the property unless prior thereto (I) the bank ap- proves of the intended new owner's credit; and (2) the intended new owner agrees to pay interest on the amount owed at whatever rate the bank requires; and (3) the intended new owner executes and delivers an assumption agreement, in a form satisfactory to the bank, obligating the new owner to keep all the promises made in the Note and Mortgage. EIGHTEENTH: BUILDING LOAN AGREEMENT, IF APPLICABLE: This mortgage is subject to the terms in any building loan contract made by me, as if they were set forth and made a part of this mortgage. NINETEENTH: RESTRICTION ON USE OF MONEY LOANED ME: I will receive alt advances hereunder subject to the trust fund provisions of Section 13 of the Lien Law by using any money I receive from the bank for the purpose of paying the cost of the property improvement or construction before I use any portion of the money for any other purpose. TWENTIETH: This mortgage shall not be changed or modified orally. ~ TWENTY-FIRST: This agreement shall be read in the singular or plural, and shall include the distributees, executors, successors and assigns of the parties. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO .... ~ ........... DATE: ..~g~a~ ~;~.,.....]:990 Pursuant to the provisions of Chapter 615 of the Laws of the State o~ New York, 1893; and Chapter'404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REC=ULATIN~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, C=RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with 'the Resolution of The Board adopted at a meeting held on 19..9.0..., and in consideration of the sum of $ .............. paid by of ..................................................................................... N. Y. and subject to the Terms and Conditions listed on the reverse side ~hereof, of Southold Town Trustees authorizes and permits the following: To constr~ct 90 L.F. of bulkhead to be attached to ~he existing bulki~ead to tl~e south & be no higher at amy locus along its lengtl~. **SEE ATTACHED CONDITIONS** all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees h~ere- by causes its Corporate Seal to be affixed, and these presents Permit # 3844 Richard Zeidler CONDITIONS CONTINUED: Every attempt shall be made to honor tl~e existimg ey View easement. Dredgimg operations are mot permitted with tl~is permit. However, clean sand backfill material may be recovered from above M.L.W. in the project area in the presence of and at the sole discretion of tl~e Bay Comstable. TERMS end CONDITIONS The Permittee Richard Zeidler residing at Un-named read off M~cDnmald Re~d~ ;,n~lre] N. ¥., as part of the consideration for the issuance of the Permit docs understand and prescribe to the fol- lowing: 1. That the said Board 'of Trustees and the Town of Southold are released from any and all damages, or dalm~ for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to this permit, and the said Permit~ee will, at his or her own expeme, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold 2. That thi~ Permit is valid for a period of . 2 4~ mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wish~s to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board, 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if furore operations of the Town of S°Uthold require the removal and/or alterations in the location of the work herein authorized, or fi, in the opinion of the Board of Trustees, the work shall cause unreasonable obstmcaon to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee et the completion of the work auth- orbed. 9. That the Permittee will obtain all other permits and consents .that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. Z !II TRUSTEES John M. Bredemeyer, IH, Presidem Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 27, 1990 Roy L. Haje En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: App. No. 1-5-90-145-4-15 Dear Mr. Haje: The following action was taken by the Board of Town Trustees during its regular meeting held on June 21, 1990 regarding the above matter: WHEREAS, ROY HAJE IN BEHALF OF RICHARD ZEIDLER applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated December 13, 1989 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 June 21, 1990 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 q~estion and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED THAT ROY HAJE IN BEHAT.F OF RICHARD ZEIDLERBE AND IS GRANTED PERMISSION UNDER THE WETLAND ORDINAI~CE TO: Construct 90 L.F. of bulkhead to be attached to the existing bulkhead to the south and be no higher at any locus along its length. Every attempt shall be made to honor the existing eye view easement. Dredging operations are not permitted with this permit. However, clean sand backfill material may be recovered from above M.L.W. in the project area in the presence of and at the sole discretion of the Bay Constable. REASONS SUPPORTING THESE SPECIAL CONDITIONS: The conservation council and Trustees are adverse to dredging in Town bottom in this location. Dredge operations of the S.C.D.P.W. waterways unit have recently removed substantial quantities of material below M.L.W. Undisturbed bog/creek bank are likely to be disturbed with a deep excavation. This permit will expire two years from the date it is signed if work has not co~m,enced by said date. 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. Please return to the Building Department for a detezmination on the need for ~any other permits which may be required for this project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark:~ ~~ ~j~~ Very truly yours, President, Board of Trustees JMB:jb cc: Bldg. Dept. Conservation Advisory Council file GAlL S. SHAFFER SECRETARY OF STATE STATE Of NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 12231 -O00 ~ May 16, 1990 Mr. Roy L. Haje En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 F-89-760 U.S. Army Corps of Engineers/New York .District Permit Application 89-1163-L2 Richard Zeidler Town of Southold Dear Mr. Haje: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certificat%on~tJ~-a~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. Pursuan~ to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following conditions: 1) The proposed work shall be carried out according to the revised plans dated 5/2/90. 2) In order to minimize adverse water quality impacts in Brush's Creek, no dredging shall occur between April 1 and September 30 of any calendar year. 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. TRUSTEES John M. Bredemeyer, III, President Henry P2 Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF souTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1-5-90-145-4-15 NAME: Richard Zeidler DATE: May 29, 1990 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To construct 90+/- linear feet of timber bulkhead extending northward from straight section of existing bulkhead fronting Brushes Creek as shown on plan map dated as revised May 2, 1990. (DOES NOT INCLUDE DREDGING). LOCATION: Property fronts Brushs Creek on unnamed road off Mac Donald Road, Laurel. Tax map No. 1000-145-4-14 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Boardof Trustees, has indicated that no significant adverse effects to the environment are likely to occur l should the project be implemented as planned. 3, Because there has been a response from the Southold Town Conservation Advisory Council suggasting rip-rap instead of bulkhead because they see no need for dredging. 4. THE SOUTHOLD TOWN TRUSTEES WILL NOT ENTERTAIN DREDGING ON THIS APPLICATION UNDER A NEGATIVE DECLARATION PURSUANT TO S.E.Q.R.A. THIS PROJECT HAS BEEN SEGMENTED FOR PURPOSES OF REVIEW. IT IS UNLIKELY THE TOWN TRUSTEES WILL APPROVE ANY DREDGING OF TRUSTEE LAND IN THIS LOCATION. THE APPLICANT SHOULD SPECIFICALLY REQUEST A SEGMENTED REVIEW IF HE WISHES TO MAINTAIN THE DREDGING SECTION OF THIS APPLICATION FOR THOSE ACTIVITIES ON TOWN TRUSTEE OWNEDLAND. CC: Planning Dept. Building Dept. Zoning Dept. C.A.C N.Y.S.D.E.C. Army Corps of Engineers Mr. & Mrs. Bertram Walker NEW 'fORK STATE DEPARPMmN~ OF ENVIRONMENTAL CONSERVATION NOTICE OF INCOMPLETE AppLICATION T~KIS tS ~OT A p~IT owNER iD ~UMBER: 272~ APPL !CANT ~ -- PECONiC SAY BLVD LAUREL, NY 1i9~8 APPL~CAT!ON ID: 1_4738-00058/00001-0 ~ATCH NUMBER: 53905 PERMITS APPLIED PCR: i SEcTfON 401 CLEAN WATEN ACT: WATER QUALITY CERTIPiCA~ION ~elCr,E 25: 'IIDAL WETLANDS ...... ~ AND FiLL iN NAVIGABLE WATERS 1 ARTICLE ' u TITLE ~: EXCAVATION F-.~i~T~' PRs~C~. zEIDLER PROPERT~ PROJECT iS LOCATED [N hOU~H~,LD iN SUFFOLK COUNTY Your Appiicasion flor Permit is incomplete~ [he Following Items ~re Reauired:l Go the S~aEe The pro ~_c% is ' ~' ~ ~eviewed pursuant Envzronnmnza~ Quality Review Act {SEQR}- A designation of zead Agency and a dezermination of signlf~.,c~nce for the purposes of SEQR ~re necessary befc,re '~Odr applica[~on can be considered complete. AddinJena! Information: ~ ~t ~ ~ AND REQUESTS THE DEPARTMENT HAS REVIEWED THE REVISED DR~Do NG mOCA~ION - CLOSER THAN 20 F5 FROM THE ADJACENT~ RIP TH~ ['H~ ~ppLiCANT DREDGE NO ~n 'tHE WEST iN ORDER 'PO PROTECT THE iNTEGRITY OF THAT R~P RAP RAP .I~ ~- "~'LEASL 8E AWARE THAT THERE CONTINUES TO BE A DISPUT~ REGARDING THE PROTEC%IOP4 OF A VIEW EASEMENT HELD BY THE ADJACENT PROPERTY oWNERS.BE AWDLRE THAT ANY ISSUANCE OF A PERMIT BY THIS OFFICE WiLL NOT RELEASE THE Aou~,ICANT, O~ FETURE PROPERTY OWNERS OF THE APPLICANTS PROPERTY, %Z]~ Rm~TRICzqONS OF ~HIS VIEW EASEMENT- PLEASE SUBMIT A STATEMENT' FROM .'~: ..... ~ nlc~ccr ~,~ PURPOSE OF tHE DREDGING, AND HOW THE USE OF THIS AREA WILL NOT INFRINGE 07i THE ViEW EASEMENT- %t -- · TER}~ ARE RECEIVE ~O FI~TEER ACTION CAN BE TAKEN UNTIL ALL~OF THESE MA ~, , ~ KAREN A MUNZE SI~NATURE~ ............ '}~:~ ............ CONTACq ~ERSONi~ R~ m~w~pn~M~NTAL CONSERVA%~21~,~' .... '..<i ~G~ON 1 STONz :~ROO6 .... , ~me~n~R NUMBER: 516 .,~l[ 7900 'tINY CAMPUS, . _ ~ ~TONY BROOK NEW fORK 11790 235~ MAY - 9 1990 TRUSTEES ohn M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FILE April 26, 1990 The following action was taken by the Board of Town Trustees at its regular meeting held on April ~2'5t 1990: RESOLVED that the Southotd Town Board of Trustees assumed Lead Agency on the application of Richard Zeidler. 1-5-90-145-4-15. This was unanimously approved by the Board. cc: CAC DEC TRUSTEES John M. Bredemeyer, III. President Henry P. Smith, Vice President Albert J. Krupski. Jr. John L. Bednosld. Jr. John B. Tuthill Telephone (516) 765-1892 .... i, !^^~ SCOTt L. HARRIS i~ ~ ~ ~ ~ Supervisor ~4~0~~ ~'~(~'~- 7~'~-~,~:~ ~ -~-- T~ff Hall, 53095 Main Road ~ ~ ..... ~-~;~5~,~ ............ ~ P.O. Box 1179 Southold, New York 11971 BOARD OF TOWN TRUSTEES F~ (516)765d823 TOWN OF SOUTHOLD Telephone (516) 765-1800 LEAD AGENCY COORDINATION REQUEST TO: Karen Munze DATE: April 9, 1990 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: Richard Zeidler LOCATION: Off McDonald Road, Laurel TAX MAP: SCTM ~1000-145-4-5 PERMIT DESCRPTN: See attached application PERMIT REQUIRED: (X~ TOWN WETLAND ( ) .OTHER SEQRA CLASSIFICATION: ( ) T2rpe I ' ( ) Type II .. ~z (X~ UNLISTED k~ CEA Please contact John M. Bredemeyer, III, President,-~ith~n 30 days and be advised that the Southold Town Trustees (WANT)/(D'~ ~/~d~K) to assume lead agency. SENT TO: DOS { ) DEC (X~ DOH ( ) PB ( ) ZBA ( ) BLD ( ) *$**The Trustees are in posession of an amended work plan and will likely take Lead on April 25, 1990. Please complete, detach and return this form to expedite processing. Involved Agency: /~ Project Name: 7. i~'f~ We at /~ ~' ( (Have/No) objection to Southold Town- AGENCY Trustees ass~ing Lead Agency. Co~ents/Reasons- ~g~ ~d~;~ Signature of Autho[i%ed Representative ! P. 0 lox 1169 Matt'.~ck, New York - 11952 Southold Town Board of Trustees Main Road - Town Hall Southold, New York - 11971 ATTN: John M. Bredemeyer, III RE: Zeidler Proposed Bulkhead & Dredging DEC Project No. 1-4738-00058/00001-0 April 6, 1990 Gen~emen: We have studied the letter and modification of the proposed dredging and con- struction along Brush's Creek, Laurel, submitted by our neighbor, Richard Zeid- let, through enconsultants, on March 26, 1990, and offer the following comments: v3. To dredge an area 40' x 30, to a depth of 4' below mean low tide would cer- tainly disturb the ecology of the creekbed. It would also have an adverse, undermining effect upon the adjoining stona~ rip-rap and woodbulkheading to the northerly side. This was confirmed by the Trustees, when they inspected the site recently. Mr. Haj~quotes our letter to the Army corps of Engineers, concurring with the need of bulkheading. However, it was a qualified statement while we agreed with the need of bulkheading, we strongly objected to the proposed extensive dredging of the creekbed, for the above stated reasons. He further states that construction of a bulkhead in ourdeeded eye-view easement is not prohibited, and this is true. BUT, a boat tied up to that bulkheading is! We would like to point out that this modified plan cuts back the p~operty line within this easement and replaces it with the creek water. This does not change the parameters of the easement; the line as drawn on the original deed still applies. The obvious intent is to create a deep berth for~a large boat. That boat would then be riding within the prescribed area and would be an infringement of our view. //Since there is already a very large boat that docks along the westerly side of Brush's Creek, opposite the Zeidler's proposed site, it would be diffi- cult, for the many boats that traverse the creek to pass between them. Mr~ Zeidler has listed his house for sale. We fail to see the need for this extensive dredging, except as a sales ploy. This proposed deep dredging would not only jeopardize our adjoining bulkheading but, if allowed,~the intrusion of our view easement would only create a difficultT~ituation with a future neighbor. We have been forced to fight to preserve it for the past several years and do not wish to continue to do so with a new owner. Please be advised that we will be out of town from April 16 to May 10. If a public hearing is required, we would ask that you schedule itto allow us to be available for rebuttal and input. We trust that you will have our best interests in mind, as you review this new submission from Enconsultants and thank you for your consideration. CC: D.E.C.,Army Corps, Town Atty, CAC, NFEC TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO'rr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LEAD AGENCY COORDINATION REQUEST TO: Karen Munze DATE: April 9, 1990 EnClosed is a permit application and a completed part I of the Environmental Assessment Form. · South°ld Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: NAME: Richard Zeidler LOCATION: Off McDonald Road, Laurel TAX MAP: SCTM ~1000-145-4-5 DESCRPTN: See attached application PERMIT REQUIRED: (X~ TOWN WETLAND ( SEQRA CLASSIFICATION: ( ) Type I (X~ UNLISTED PERMIT ~ Pending ) OTHER ( ) Type II k~ CEA Please contact John M. Bredemeyer, III, President, within 30 days and be advised that the Southold Town Trustees (WANT)/(DVOX ~IO~ to assume lead agency. SENT TO: DOS ( ) DEC (X~ DOH ( ) PB ( ) ZBA ( ) BLD ( ) ****The Trustees are in posession of an amended work plan and will likely take Lead on April 25, 1990. Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: SCTM: We at AGENCY Trustees assuming Lead Agency. (Have/No) objection to Southold Town' Comments/Reasons: Signature of Authorized Representative New Yo~k State Department o? Environmental Conse~vation ...... Z.,/Eg° Thomas C. Jotting Commissioner .~RE:r~:~-LEA~-~AGENC~%COORDrN-ATrO~'~EQU-ES~ The purpose of this request is to determine under Article 8 (Stats Environ- mental Quality qeview - SEQR) of the Environmental Conservation Law and 6 qYCRR Part 6i? ~ne following: l. Your agency's :nterest in acting as lead agency; £. Your agency's jurisdiction in the action described below; and S. Issues of concern which your agency believes should be evaluace~, Enciosea =s a copy of the oermit application and a completed Part ! of the Environmental Assessment Form so assiss you in responding, DEC Projec~ Number: SEQR Classification: DEC Contact Person: DEC Position: Type I [ ] Unlisted DEC nas no objection to your agency or another agency assuming iea~ agency st~us for this aczion, out reserves the right co commen~ on ~hi?~c:ion if a ~, .... rm]nac~on of significance i: made. -2- DEC nas no objection co your agency.~or another agency assuming leaa agency sca~us for this action? but we havemthe following concerns regarding this erojec: (see '~commen~s" below). DEC wishes to assume ieee agency status for chis action. The prooosed action has oeen ieentified by DEC as occurrinG_ wholly or partially within or suos~antial!y contiguous to a critical environmental It is -,,e oosl:,on ot tn~s Departmefft-%h~t your agency, if it has a~ri~- diction over the action, should assume the lead agency role based on ~e existence of the CEA and the fact that ~ne anticipated impacts are erimar~iy of local significance. Other (~ ~ · ~e~ comments below) Commen~s (Ootionat): Please respond so this reauest within 30 days of the date of this letter. If no resoonse is received within 30 days, we will assume that you have no objection to OEC or another agency assuming the role of lead agency~ an~ have no comments to offer regarding the oroposed action at this time. If neither your agency nor any other involvee agency, including DEC. nas indicated a will- ingness To serve as lead agency within 30 days of this letter: ~~ti~ one Commissioner of DEC co designate a lead - [ d ~r aqencv as lead, presuming you have .... ~a~ f~o contact this office for further Enclosures cc: (see siszribution Sincerely, j~j NEW YOrK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION APPLICATION NUMBER w APPLICATION FOR PERMIT Read Instructions on back before completing this application. Please type or print clearly in ink. Use separate addenda and exhibits to provide all data and explanations for which space on this form is inadequate. [] ARTICLE 15, TITLE 3 (CONTROL OF AQUATIC INSECTS, WEEDS,, or UNDESIRABLE FISH) ] ARTICLE 15, TITle 5 (PROTECTION OF WATERS) ] For the construction, reconstruction, or repair of a DAM or other impoundment structure. [] For the disturbance of a STREAM BED or excavation in or fill Of navigable waters. [] ARTICLE 15, TITLE 15 [] WATER SUPPLY [] LONG ISLAND WELL [] ARTICLE 24 (FRESHWATER WETLANDS) [] Permit [] Letter of Permission [] ARTICLE 25 (TIDAL WETLANDS) 1. NAME OF APPLICANT: Richard Zeidler by En-Consultants, Inc. 2. APPLICANT IS A/AN [] Individual [] Partnership [] Association [] Corporation [] municipality [] Governmental Agency 3. NAME AND TITLE OF OFFICIAL SIGNING APPLICATION J PHONE Roy L. Hale, President] 516-28306360 street ADDRESS/POST OFFICE 1329 North Sea Road POST OFFICE STATE J ZIP CODE Southampton N.Y. ~1968 4. NAME AND ADDRESS OF OWNER (If not applicant) PHONE Richard Zeidler 516-298-4317 STREET ADDReSs/POST OFFICE Peconic Bay Boulevard POST OFFICE { STATE j zip coDE Laurel N.Y. 11948 5. PROJECT LOCATION: unnamed road off NAME OF STREAM OR OTHER wATER BODY: 6. WILL PROJECT if appropriate; if un-named, show on map--See UTILIZE STATE-OWNED aj City or Village McDonald Road Item 5bi LAND? Laurel Town Brushs Creek [] Yes [] NO Southold County Suffolk b) Specific project site or area is marked on U.S.G.S. or equivalent map, attached as Exhibit Humber 7 PROPOSED USE: ~ Private I 8. PROPOSED STARTING DATE: 9. APPROXIMATE COMPLETION DATE: 10. FEE OF [] Public [] CommercialJ ASAP Six Months s I OlD Enclosed 11. PROJECT DESCRIPTION: Feet of rip-rap new channel; cubic yards of mater a to be removed' draining dredg ng filling and ocat on of d sposa ~[te~ t~e ~f ~tr~tur~ ~6 b~ ~S~i ed he ~ht of dam; size of impoundent; capacities of propsed water sources; extent of distribution system; etc. SEE ATTACHED 12. THIS PROJECT WILL REQUIRE ADDITIONAL PERMITS, APPLICATIONS FOR WHICH ARE THE RESPONSIBILI{~"~ [] Dam [] Excavation/Fill [] Stream Disturbance [] SPDES/NPDES [] Water Supply [] L.I. Wells [] Freshwater Wetland [] Tidal Wetlands 13. NAME AND ADDRESS OF OFFICIAL NEWSPAPER OF LOCALITY WHERE PROPOSED WORKS ARE LOCATED: Long Island Traveler Watchman, Traveler Street, Southold, New York 11971 14. IS ANY PORTION OF THE ACTIVITY FOR WHICH A PERMIT IS SOUGHT NOW BEGUN OR COMPLETED? [] Yes [] No If YES, explain in addenda, giving reasons and dates, and show existing work on drawings or map. 15. CERTIFICATION: I hereby affirm that under penality of perjury that information provided o]~is form and ali attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misd~e~nor pursuant~to Section 210.45 of the Penal Law. As a condition to the issuance of a permit, the applicant accepts full responsibility for ail damage, direct or i)~dir~/ct, of~hat,~r nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits~ a,~(ions, ~m~e~ and costs of every name and description resulting from said project. DATE SIGNATURE Roy L. Ha-j~, President --SEE REVERSE SIDE-- INSTRUCTIONS 1. Prepare and submit four [4) copies of this application. Use typewriter or print Ciearly in ink. 2, Submit with the application three copies of a drawing showing location and extent of work to be done. 3. Applications by counties, cities~ towns and villages shall be signed by the chief executive officer thereof or the head of the department or agency undertaking the project. 4. The applicant may be required to publish a "Notice of Application" as provided by the Regional Permit Administrator. 5. if other than owner makes application, written consent of the owner must accompany application. 6~ Acceptance of a permit subiects permittee to restrictions, regulations or obligations stated in application and/or perm[L 7. If a public hearing is necessary~ the applicant may be required to furnish the names and addresses of ail adjacent landowners and ali known claimants to water rights. 8. Applications for the construction, reconstruction or repair of a dam or other impoundment structure must be accompanied by Supplement DA. 9. Applications for a water supply permit must be accompanied by Supplement W-q, special instructions on which SUPERCEDE certain of the above instructions. See "Water Supply" handbook. 10~ Applications for a permit to apply a chemical to control or eliminate aquatic vegetation must be accompanied by Supplement A-l, A-2, or A-3. 11. Question No. 12 pertains to projects involving two or more applicants. One typical exampte is a new subdivision, requiring a Wetlands Permit for the developer, the project to he within a water district extension, requiring a Water Supply Permit for the town 12. Be sure to enclose proper application fee, noted accordingly in item 10; see Part 621, Uniform Procedures Rules, Rule 521.4. Jif in doubt, discuss with Regional Office before submitting application]. 13. INCOMPLETE OR INACCURATE INFORMATION MAY DELAY PROCESSING] INFORMATION Application for permit to the New York State Department of Environmental Conservation is authorized by Environmen- tal Conservation Law, Article 15 (Title 3-Control of Aquatic Insects, Weeds, or Undesirable FiSh; Title 5-Stream Protection; Title 15-Water SuppI¥), and Article 24 (Freshwater Wetlands). NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGIONS Region 1 Region 2 Region 3 Bldg. 40-Room 219 2 World Trade Center 21 South Putt Corners Road 5UNY at Stony Brook 61st Floor New Paltz, N,Y. 12561 Stony Brook, N.Y 11790 New York, N.Y. 10047 Attn: Regional Permit Administrator Attn: Regional Permit Admmatrator Attn: Regional Permit Administrator (914) 255-5453 (516) 751-7900 (212] 488-2758 Region 4 2176 Guilderland Ave, Schenectady, N.Y 12306 Attn: Regional Permit Administrator (518t 382..0680 Region 5 Rt. 86 Ray Brook, N.Y. 12977 Attn: Regiona~ Permit Administrator (518) 891-1370 Region 6 State Office Building 317 WashitqgtoR Street Watertown, N.Y. 13601 Region 4 (Sub-Office) Route 10, Stamford N.Y. 12167 At'tn: Alternate Regional Permit Administrator (607~ 652-7364 Region 7 P.O. Box 5170, Fisher Avenue Cordand, N.Y. 13045 Attn: Regional Permit Administrator C607) 75343095 or Region 7 74B1 Hen~ C|a¥ Blvd. Liverpool, N.Y. 1308B Attn: Alternate Regional Permit Administrator (B15) 42E-4497 Region 5 (Sub-Office) Hudson Street, Warrensburg, N.Y. 121~,5 Attn: Alternate Regional Permit Administrator (5~ B) 623-36'71 Region 8 6274 E. Avon-Lima Road Avon, N.Y. 14414 Attn: Regional Permit Administrator (716) 226-2466 Region 6 (Sub-Office) State Office Building 207 Genessee Street, Utica, N.Y. 13501 Attn: Alternate Regional Permit ^dministr~tor (315] 793-255.5 Region 9 600 Delaware Avenue Buffalo, N.Y. 14202 Attn: Regional Permit Administrator (716} 847-4551 PART 1--PROJECT INFORMATION · _ -~ .:2~.~{:?'...P_repared by Project Sponsor - ' NOTICE: This d0c~'ment:i~i~desigr~.~t0 assist i~ ~eter~nir~i'ng whether:the action prolEosed ma~~ have ~%ignificant on ~he environment_. Please,complete the entire:form. 'Parts A~ through £~ Answers to these questions will ~e consi as par: of the appHcatio~ for approval and may be subject to further verification and pubiic review. Provide any addi information you believe will be needed to complete Parts 2. and 3. _ it b expected that c~mpfetion of the full EAr will be dependent on information currently available and will no~ in new studies, research or investigation, if information requiring such additiona~ work is unavailable, so indicate and s[ each instance. NAME OF ACTION LOCATION OF ACTION {inctud~ Strae[ A~c~ress, Munlcloalil¥ and CountyJ NAME OF APPL!CANTfSPONSOR Eh-Consultants, inc. BUSINESS TELEPHONE (516> 283-636.0 ADDRESS 1329 North Sea Rcad C~'TYIPO [ STATE ZIP CODE Southampton I NY ili968 NAME ~F OWNER (Ii' different) Richard Zeidier ADDRESS Pecon~c Bay Boulevard. BU$~NES$ TELEPHONE (516) 298-4317 CiTY/PO t STATE ZIP CODE Laurel· t NY !1948 DESC,RIFTION CF ACTION SEE ATTACHED Please Comulete E=ck Questicn--lndic;te N.A. if not applicable A. Site Description ~ .... of overall xoiecL both develooed and undeveloped areas. Phvsicai ..... ng Present iand use: ~Ur~an ~]ndustria[ ~,Forest ~AgrJcuJture To[a~ acreage of Droiec[ area: APPROXhMATE ACREACE Meadow or ~rush[and [Non-agricuJtural~ Forestec C]Commercia{ ~O:her acres 5[Residential [suburban) PRESENTLY acres acres Agr:cui~ura! (incJudes orchards, cropland, pasture, etc./ Wetiand Freshwa:er or t~d~[ as Der Articies 24 25 of ECL) Wa[er Surface ,&rea Unvegetatecl (Rock earth or fiI[) r(oads, uu~idings and otmcr uavec surfaces Other [~nd~ca~e typc~ landscaped 3. What }s sreco,~man~ sod tvse(~) on ~}rolect site~ sand a 5o~ cra/paRe- ~"~'e~} cramen 100 % of iKe .l .2 .45 non- AFTER CO,MPLETiC ac ac acres .1 DC~ acres ACE .2 o f any =,z:" cu:tu'a land :s mvotved, now many acres of soil are classii!ed within soft grou[2 1 throuqh z of (hi LaRC C.cssrr~ccNon 5vstemt __ acres. (See I NYCRR 370]. i00+ a -'-'~' ' ' -2 ..... lcrnck~ {~n ~oe{) ~;'Aoderately well drained PROJECT DESCRIPTION Construct 90~ linear feet of timber bulkhead extendilg northward from straight section of ex~seing bulkhead fronting Brush~s Creek. CDredge an area 30' x 40' in front of a portion of proposed bulkhead to maximum deeth 4~ below mean iow water. Approximately 45 cubic yards of spoil will be removed and used to backfill bulkheadJ 5. -Ap,pro×iron,re percentage of orop~-ed project site with slopes:, .:[~0-t0% ,~00 % [2110-15% . , . ..- - ' '."7~,,'5 .- * ' ' · -', :," .': '..:;;.~C~:~''''' ",' 5.,';"'.: :; ' ' · ,','~ 6. Is project m'bstantially d0ntiguous to, a~':~&ntain, a' Building; si~e, ~r di~t~c~ liit~ ;'n '~e State or the Nation~ Registers of'Historic Ptacef~' "' ~Y~s ":'~'"'~a .......... ~ .' 7. !i proiect ~ubstantiailv contiguous to a site tisted on the Relister of N~tiona[ Natural. Landmarkst ~Yes ~N, a. What if the depth of the water table~ 5~ {in feet) 9. is site iocated over a primaw, principal, or sole source aquifer~ ~Yes 10. Do hunting, fifhing or sheti fishin~ opportunities presently exist in the prelect area~ ~Yes ll. Does project site contain any species of plant or animal life that ii identified as threatened or endangered According to Roy L. 'Ha~e , ldeqdfv each species 12. Are there any unique ar unusual land forms on the project site~ (Le., cliffs, dunes, other geological formations Describe 13. is the proiect site presend¥ used by the community or neighborhood ,as an open space o~ recreation area. ~-JYes ENo 1{ yes, expJai~ 14. Does the present site include scenic views known to be important to the community? ~Yes 15. S~reams within or canti~uous to project area: Brush' s Creek a. Name of Stream and name of R~ver to which it is tributa~ 16. i7. Lakes, ponds, wetland areas wkh[n'or contiguous to project area: a. Name is r. he site served by existing public utilities? ~Yes P21No al If Yes, does sufficient capaciw exist to allow connection? b) if Yes, ;-.dl[ improvements be necessary to allow connection? b. Size lin acres) ENo ~Yes ~No !8, is the site located in an agricukura[ district certified pursuant [o Agriculture and Markets Law Art~cie ]5-AA Section 303 and 304? u~Wes X~No 19 Is the s~te /oc~ated in or substanuall¥ contiguous to a Critical Environmental Area designated ~ursuant of the ECL, and 6 NYCRR 6177 ~Yes' ~No 20 Has the ske ever been used for the disposal of solid ar hazErdous wastes? ~Yes B. Project Description · Physical dimens;ons and scale of proiect (fill in dimensions as approoHate) a. Total cont~uous acreage owned or controlled by project sponsor .75 b. Pro!ect acrea,~e to be developed: ,7~ _acres initial]v: .75 c. Project acreage to remain undeveloped - acres. d. Length of prelect, in md~es: - (If appropriate} e. If the pro~ucz ~s an expansmn, red,cate percent of expansion proposed - f. Number of ~ff-stree~ parkm~ spaces existm~ ~/a ; proposed g. Maximum '~,'h~culnr trips generated per hour n,/a (upon Completion or prolect}? h. :f resalcnt~dl Number and type of housm~ umts: One F,~mdv Two Fa~Hy Mu~t~)le Family Ultimately ~ ; Oimens,on~ 'm 'et, t) o: ~ar2esr ¢rn::osed structure n./a height: ~ w~dth: I Linear roer. ct ;-¢~,.,,.,.,._~, ,' aioc~ ~ ,.ubhc thorou~hfaru prolect xvdl OCCuiv s? Pla ft acres. acres ultimate[,, ~5.'~Appi'o~ats aeq~ired: CR¥;.Town, Vi}iaaa Board .'E3Yes,,,;lrlN0.. city, Town, Village Pianning Board T'tYes' [~No Ci~, Town Zoning Board t~Yes i-tN° City. County Heatth Department ~Yes ~No Other Loca! Agencies ~Yes ~No Other Retioaal Agencies ~Yes ~No State A~encies ~Yes ~No Feder~! Aaencies ~Yes ~No O. Zoning and Planning Information Type, Date Trustees 12/89 DEC, TW 12/89: COE~ Section 10' 12/89 1. Does proposed action involve a planning or zoning decision? [2lYes ~J~]No _ If YEs. indicate decision required: E]zoning amendment f~zoning variance nspecial use pemit ~subdivision ~site Dian ~new/revision of master plan ~resource management plan ~other 2. Wha~ is the zamng classifica:ion(s)of the site~ Residentia~ 3. What is the m~ximum potential development of the site if developed as pe~itted by the presen~ zonina? One-family dwelling 4 Who: is the proposed zoning of the site? n/a 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? n/a 6. Is the proposed action consistent with the recommended uses in adopted local ]and use pians? [~Yes 7 What are the predominant !and use{s) and zoning classifica[ions within a ~4 mile radius of prooosed actlon.~. n/a 8. Is 'the proposed action compatible with adjoining/surrounding land uses within a ~4 mile? ~Yes a f the oroDosec action ~s the subdivision of land. how many lots are proposed? n/~ a. What is ~he minimum [or size proposed? ]0 Will proposed action reomre any authorization{si for the formation of sewer ar water d[stricts~ ~Yes 11 Wii ~he praaosed action crea~e a demand for any community provided services (recreation ecucat~on poli~ fire protect~on)~ ~Yes a If yes. [s existma capacity sufficient to handle projected demand? ~Yes ~No 12 Will the oro~osed action result in the generation of traffic significantly above present levels? ~Yes a if yes s lhe ex~stmg road network adequate to handle the additional traffic~ ~Yes D. Informational Details A~tach any additional information as may he needed to ciarifv your project. If there are or ~av be any adve ~m~acts associated w~th your proposal, please discuss such m~pacts and the measures whict~ you propose [o avo.G them. E. Verification I certi[y d~a~ the mforma~ion prowded above ~s[true to the best of my knowledge. Aoplicant/S~onso~ Name Richard Zeidler by En-Consultants, Inc. Da~e 3/26/90__ 5[gna',urc Tide President NOTE: · -' MQNUMENT L~ --STAKE £OT NUMBERS REFER TO MAP O~ " EDGEM~RE PARK" FILED IN THE OFFIC~ OF THE ~L~RNOFSOFFOLK CO~NT~ ON QUL ~ ~, 19~! ASMAP SUFF. CO. 7~X M~P DIST. I000 SEC~ 1~5 Bt.04 tOT 015 o~ REVI$10M$ APR. 24~ 1979 AUG. t9:1985 JUNE 2~,/987 OC ~ MAY/5, 19 ~9 AUG. I~, 1990 YOUNG 400 OSTRANDER AVENU~ ALDEN Y/. YOUN$ PROFESSIONAL ENGINEER AND YOUNG RIVERN~AD, N.Y. NO~'ARD ~. YOUN~ LAND SURVEYOR N.Y.S. L lC. NO SURVEY FOR qiOHARD ZEIDLER a RUTH ZEtDL ER AT TOWN OF SCA UL~i' jANAN 3.1EIIIT '~i'L~i TOWN':OF $OUTHOL NU~B~ ~EFE~ TO T~X ~ SECT t~ ?/5./~ B~ u~. /3,/990 d~ IG~ 199~ NOTE: ' ELEVATtONS SHOWN HEREON ARE FROM ~¢TUAL SURVEY MO ARE REFERENCED TO N.G.V,D, (M.S.L 1929). ~ AP~tOCATION OF BUt KHEA D ~t~/YEY F6~ i R/ CH~RD' ZE/DL EH !.~ '~URH ZE/D£ E~ ll-i2-ig96 ~.O:~2AH FROM ?~.~1~27, P.02 EN-CONSULTANTS ';3~9 N~RTH SEA RD. sOUTHAMPTON N.Y. Ceq TOTAL P, 0~ 12-12-199~ I0:42AM FROM ?~51823 P.02 EN-CONSULTANTS 13'~9 NORTH SEA RD, SOUTHAMPTON N.Y. I19~t '~ I ~283-6~ TOTRL P. 02 E N-CONSULTANTS, INC. ENVIRONMENTAL SERVICES !329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283~6360 FAX NO, 516-283-6136 May 3, 1990 Ms. Karen Munze New York State Department of Environmental Conservation Building 40, SUNY, Room 219 Stony Brook, New York 11794 Re: Richard Zeidler ¢1-4738-00058/00001-0 Dear Ms. Munze: As requested in your Notice of Incomplete Application, I have revised the work plan to show the dredging no closer than 20' from the adjacent rip-rap. Four prints' of the revised plan are attached. Please advise me of the nature of the "dispute" of the view easement, if you have any correspondence from objectors please forward same to me for my response. The holder of the easement, Betram Walker, has indicated that he does not object to the concept of a bulkhead but expressed specific concerns to the Corps of Engineers which we have subsequently addressed by amended the appli- cation. Aside fr~m him, who is in a position t~ dispute on these grounds?(~;,~ %k~ J'~¢¢/~¢~ ~FJJ~-~£ .'~/ The purpose of the dredging is to replace the backfill lost from the property by the lack of bulkheading which has washed into the canal to become a navigation hazard. Since this backfill in effect belongs to the upland owner, we see no reason why it can not be retrieved for reuse as backfill behind the proposed bulkhead. Bulkheads presently exist within the view easement. Page Two Re: Richard Zeidler #1-4728-00058/00001-0 As these apparently do not obstruct any views and are in compliance with existing covenants; and as the pro- posed bulkheads will be no higher than the existing bulkheads, we do not see how this work will violate the terms of the covenant. Please proceed with your review of the project. By copy of this letter and revised work plan, I am re- questing other involved regulatory agencies to amend their applications to the extent of the reduced dredg- ing area. Yours truly, RLH:khs Eric. cc: COE ~89-1163-L2 u#F-89-760 thold Trustees Richard Zeidler Roy L. Haje President May 19, 1990 Ms. Karen A.' Munze N.Y.S, Dept. of Environmental Conservation Division of Regulatory Affairs SUNY Campus, Bldg. 40, Room 219 Stony Brook, New York 11790-2356 RE: Application Nol 1-4738-O0058/00001-0 Owner: R. Zeidler~ (ID No. 27259) Dear MS. Munze: We appreciate your·forwarding copies of DEC Notice to Richard Zeidler, dated 4/3/90, and Enconsultantsletter· to DEC, dated 5/3/90. We would like to respond to specific conments in Mr. Haje's letter: There is no "dispute", as suggested~yMr. Haje, since there is no disputing the wording of Mr. Zeidler's deed, (copy enclosed), which clearly stipulates and illustrates oureyeview easement. It leaves no question as to its mean- ing -- NO INFRINGEMENT OF. OUR VIEWWITHINTHEPRESCRIBEDAREA~. Since this deeded eye-view easement concerns only Mr.~ Zeidler and us, (and our mutual heirs and assigns), there is no one else involved nor in ~a posi- tion to comment. ~ a)¸ b) c) That the bulkheadis needed is undeniable. However, it has been in this poor condition since we purchased our home fourteen years agog(We have photos . to prove this). ·Therefore, stateing that it hR necessary to dredge thirty (30') feet out to retreive :lost backfill isridiculous. (The creek is only forty (40'.) feetwide), i. The Suffolk County~dredge has been in Brush's .Creek everySpring for the past five or six years,-including last Spring. Any fill~thatmight have washed down was removed then.:: The sand that now rests in theconcerned area has been Washed in from-Peconic Bayandwill be takenaway'with the next dredg- ing, ALREADY BEGUN. It is very opportunefor Mr. Zeidler that the County has come' in, relieving him of the necessity of dredging, and removing the hazards to navigation. If the installation of newbulkheading ·requires additional backfill, there is a roadway adjoining ·the area that would enablehim to truck it in. Despite the revised.twenty ,foot~(20') distance from-the rip-rap, the fact remains that such a hole,' (4' below MLTdeepand 30' wide),'could only cause a disturbing, swirling motion in the' creek that would undermine the adjacent stone ~]khead~ng. . The County has~always been very hesitant about coming ~too close to the bulk- heading on either side· of the creekfor fear of undermining same. They are also very careful about disturbing the ecology of'ithe'creek-bed. Surely, these same concerns are shared by the D.E~C.? ~ Bulkheadingdoes not presently'exist within the eye-view easement. Rather, it delineates the area within which it exists.~ However,~·cutting in from the present line would definitely intrude. Permitting deep,dredging would allow a large boat to tie there and cut off our view. Ms. Karen ~A. Munze, D.E.C. -Page 2- May 19, 1990 As you can see from the survey, Mr. Zeidler purchased his property despite the eye-view easement in our favor, and fully cognizant of its limitations. We, on the other hand, ~0ugh~ ohrs .becaUse of it - guaranteeing our view forever. To lose this view would, detract substantially from the pleasure and value of our home. It is our understanding that no.municipal agency has t~he-authorityto permit as activity that is a direct~ contradiction of a deed or an '~pairment of another's rights, except for a national emergency. Since Mr. Zeidler is selling his house, there is no reason for him to create an- other situation here. He does not require the cut into the view easement, nor the deep dredging that would permit a large boat to tie up and impair our view, except as a sales ploy. Your notice of 4/2/90 partially states, "....Be aware that any issuance of a per- mit by this office will not release the applicant .... ~fromthe restrictions of this vieweasement .... " That reads very nicely, but will you tell us what can be done if you do issue~ the permit as applied for?:~He'll surely disregard your admonition and, with permit in hand, proceed.to do whatever he chooses. You will, in effect, have nullified a legal, guaranteed deed. Thank you for keeping us apprised of.the situation. We-hope your department will continue to take our~ concerns into consideration. e~truly, rgery .I alker · (Mrs~ Bertram W. Walker) Enclosures cc:~Southold Trustees C.A.C. N.F.E.C. Army Corps of Engineers Coastal Mgmt. Program Town Board ixirt,y (d the t~c~ Farl, , TEN A~ 001100 ($10 ~h~ Town~ County c~ S~ffo~k o~ ~ken ~r are mo~_~r~c~rl7 Aueust 20th. lf~?l and reeorde~! Auc.~s: '~6:h~ T~T1 iff the..']uffolk ('uunt~r ¢'lerk'a Office in Libor 6994 of deed~ Page 12TL .... ~UBJECT TO View Ea~er,eflt and Restrictions as set fro'th ul Libel' 6994 cp 127; Covenants and Restrictions in LAbor 2411 cp 38?; l~eaet~mtloh of easement in Lib*,r 2083 cp 336 and Agreement in Libor ~;991 ep 191 EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 FAX NO. 516-283-6136 October 19, 1990 Board of Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Richard Ziedler SCTM #1000-145-4-15 Dear Sirs: My client has elected to modify the location of the proposed bulkhead to conform to a recommenda- tion of the New York State DEC. A revised plan is attached. If possible, please treat this request as an amend- ment to the permit which was previously issued. RLH:khs Enc. cc: Richard Ziedler President ~A~ ~u~o~/c ~./ ~.~. ~/~/~ ~1~/~, ~?~' ~ York Sts~e Departrnen~ of Environmen~sl Cor~s~rvatio~ ~ui~ding 4u--SUNY, Stony Brook, New York 11794 Mr. Roy L. Haje En-Censultants, 1nc. 1329 North Sea Road Southampton~ New York 11968 Re: February 26, 1990 ~Su:~ Permit ~ppl~ca~on ~1-4738-00058/00001-0 Richard Zeidler Dear Hr. Haje: It has come to my attention that there is a view easement on the properzy of the above-referenced application. Please submit a copy of the terms and restrictions of this easement~ as well as proof that the applicant meets the requirements of the easement. It appears that a revised (i/25/90) proposal has been sent to the Southold Town Trustees. The Deuartment has received no revised proposal. Please clear this discrepancy I have also discovered that the project area is in a critical environmental area and a coordinated review under the State Environmental Quality Review Act is reouired. Please fill out Part I of the long Environmental Assessmen~ Form (enclosed) and return it to this office. No further action can be taken on this project until the requested infcrmation has been received. bl ncere KAM:mw Enclosure Karen Ao Munze Environmental Analyst cc: Richard Zeidler / John Bredemeyer: Iii FEB Southold Town Board Town Hall, 53095 Main Road Southold, New York - 11971 Dear Ladies & Gentlemen of the Board: . O. Box 1169 Peconic Bay Boulevard Mattituck, NewYork - 11952 February 15, 1990 First, I must apologize for the length of this letter. I wish it did not have to be so. Indeed, I wish the letter was not necessary. But it is and thus the length. When my husband and I were invited to meet with the Town Board on August 1, 1989, to discuss the difficulties we have been encountering with our neighbor, Richard Zeidler, and the various Town agencies, we were advised that the matter certainly merited in- vestigation and we would be apprised of the results. At that meeting Mr. Geohringer said he could not co~nent since he had not inspected the premises, but would. Mr. Kujawski claimed the Trustees would follow up and their part. (They did. Mr. Bredemeyer, particularly, has been very fair). Mr. Horton claimed he gave the Zeidler's a Certificate of Occupancy at Mr. Schonde- bare's insistance - in Mr. Lessard's absence - despite outstanding violations. We, there upon, requested that the C.O. be rescinded until everyone was satisfied that the mandates imposed by the various agencies were implemented. We made that same re- quest in a letter to Mr. Lessard on 8/4/89. To date, we have heard nothing from you. The Z.B.A.'s variance originally stipulated - a) That the pool be built no closer than 30 feet from the creek. No farther Pag~ 2 b) c) than 26 feet from the house. No closer than 50 feet from the road. Verification of the lot coverage or no building permit. No intrusion into the deeded eye-view easement. The Trustees, the Z.B.A. and Building Dept. originally approved a 32' x 16' pool with 6' x 4! decking around same, as drawn and applied for. We all know he ignored every parameter and condition imposed. The dimensions were blatantly violated and the end product bore little resemblance to the drawing presented with the permit applications. There were infractions of the Z.B.A.'s ruling, the Building Dept. permit, the Trustees mandates and our easement. After many letters and hearings, we finally got that part of the structure that ex- tended into our eyeview easement removed. But that was really not the question nor the offense, but an incidental result. He still was way in excess of his filed and permitted specifications. This was wrong -- and no one seemed to want to check into be~n the issues we've protesting. The Zeidler's were first given waivers, (precluding our right of advisement and public protest), then parameters, (when we did protest), and then expanded parameters, (when we protested the violations of those parameters), .... and they are still in violation! The Z.B.A. ruled that nothing was to be done until the ground coverage was verified. Mr. Zeidler submitted a survey calculated by Young and Young, stating that only 18% of the lot was covered. Even a layman can see that this is incorrect. I went to see Mr. Abruzzi, at Young & Young, and he checked thefigures and their file. He found that the calculation did not include the decking, walkways or brickwork around the pool. We had it professionally calculated and the figure is 31.38% lot coverage -- way in excess of the 20% allowed -- and submitted this figure to the Z.B.A. and Build- ing Dept. This automatically invalidates not only the C.O., but the building permit~ ~ Paga 3 ~- At the Z.B.A. hearing of 7/31/86, Mr Zeidler was finally allowed to construct this pool and patio, (with revised measurements), in his sideyard and in front of our house, against our strenuous requests that it be built in the very ample backyard, as the Code dictates. It was permitted on the technicality of making the pool an attachment to the house and considering it part thereof, with the stipulation that it must be calcu- lated as lot coverage. At that same hearing, Mr. Lessard insisted the Zeidler's must locate the cesspools on a survey, before being allowed to proceed, since there was concern that when he doubled the size of his house in 1982, he built over them. That was never presented to Mr. Lessard, to the best of my knowledge, and has never been clarified. The pool and surrounding brickwor~were elevated 3' to 4' and extended 42' toward the road and 17' from the creek. It has since been decreased in size enough to be removed from our eyeview easement, but not to where it adhere's to the original building per- mit. The gas tank was buried next to the pool, when he was told to bring it to the roadside. AND ... Since when does the Town Attorney usurp the Chief Building Inspector's auth- ority and order a C.O. be granted? Particularly in this case, with so many outstand- ing infractions. The Zeidler's recently put their house up for saleand we are left to live with the results of all these compromises. Their house is large, with 4 or 5 bedrooms. The logical purchaser will be someone with a large family. Between the location of the pool and the prevailing southerly surmner breezes, any activity at that pool will be carried by creek and breeze directly toward us. It will seem as if that pool was in the middle of our living room. A fact we tried to make clear at the hearings. We do not begrudge anyone the pleasure of a pool, but we all know it begets much noise. This is why the building code protects neighbors, (except us), by having .Page 4 them built in back yards. There have been other incidents too numerous to mention here. You are all aware of most of them. We certainly supplied all agencies with a wealth of pictures and letters: the junk pile, the fill trucked in, the bulldozing into the creek, etc. To add insult to injury, he is now trying to cut a boat slip directly in front of our living room and completely within our deeded eyeview easement -- even though he is moving to the South Fork! Surely, this gives you further evidence of what we have been dealing withfor the past several years. We have been continually harassed by this man and the Town has been a willing part- ner. We really feel we deserve some consideration. Are his political affiliations so strong that people like us don't count? I reiterate my requests of 8/1/89 and 8/4/89 that the certificate of occupancy which was issued by Mr. Horton, at Mr. Schondebare's insistance, and in Mr. Lessard's ab- sence, be rescinded until the many violations have been addressed and resolved -- particularly, the excessive lot coverage. Everyone knowshis "modus operandi" is 'take what you want and let them try to take it away'. This philosophy seems to have served him well. But, don't you think it's time to tell Mr. Zeidler that this is Southold not Brookhaven? Make him abide by the rules. Concern yourselves with justice and duty, ~not politics. He's wrong! You know it! We know it~ He knows it~ He has been given tremendous concessions by each agency and still has defied the conditions that accompanied them. Quite frankly, we feel the pool should be removed, since he has deliberately violated all the conditions under which he was pe_nnitted to Page5 build it. I know your first thought will be, "That would be a financial hardship". But, if he had any concern about the monetary aspect, he would never have jeopardized his invest- ment by going beyond the law. He would have adhered to the specifications submitted and approved. If he isn't concerned about cost, there's no reason for you to be. What about peace of mind or quiet enjoyment? He's robbed us of both. He's absorbed every spare moment of our lives for several years. How does one calculate that value? By contrast, we have been denied a C.O. on our cottage. It was built prior to 1954, (we have dated surveys), and renovated in 1980. It has been proclaimed non-conforming and pre-existing by the Z.B.A., and is on the "Exception List". We have a written deposition that itwas living quarters since its construction, by a reputable local plumber, and concurring sworn testimony before the Z.B.A. by a long-term resident. Still, the Z.B.A. denied validity, preferring to believe recorded, perjured testimony before Judge Tedeschi, by a disgruntled neighbor, (deceased), and Mr. Hinderman, (re- tired from the Bldg. Dept.), and apparently orchestrated byMr. Zeidler,who told us at a neighborhood meeting that he would show us what a bad neighbor he could be. He certainly has! We feel this matter should be removed from the Z.B.A.'s pervue and re-submitted to the Building Department. We've dealt with s~,m~ons' for a playhouse, a storage shed, a multiple dwelling, a paper road and a flag pole. We've been in court in Bay Shore, Riverhead and Southold. After living without incident in Cold Spring Harbor for 30 years, we moved to our "Utopia" in Laurel, only to become Public Enemy No. t[ We are fed upl We have written more letters, since we moved here, than most people write in a lifetime. We have been forced to spend large sums on legal fees. We have been embarrassed and badgered. We have both developed high blood pressure. Our life- ~,P~ge 6 style has become a nightmare! It is unbelievable that one man can cause such havoc and it's unfair, if not illegal, that the Town has allowed him to do so. From a legal standpoint, I think that it would be hard to deny abuse of power or prejudicial treat- ment. We realize the structure of the Town Board has changed since we met with you in August, but surely the spirit is the same -- that of equal consideration of the rights and wel- fare of EACH residento My husband and I look forward to hearing from you. Yo s ry truly, M~rgery M. Walker (Mrs. Bertram W. Walker) CC: Town Attorney, Mr. Mark Kiernan Zoning Board of Appeals, Mr. G. Goehringer ~'~ Board of Trustees, Mr. J. Bredemeyer Building Department, Mr. V. Lessard C.A.C., Mr. John Holzapfet Page 2 300 c.y. of clean fill to be truckend in to raise grades to those shown on submitted plan. The CAC disapproves the application, which is within jurisdiction, because: 2. 3. 4. 5. 6. Orchard Lane, Southold Vote of Council: Ayes: Motion carried. The CAC does not agree with the wetland line The construction envelope is within 75' The Cesspool is too close to the marsh There is concern as to where the well will be located There is concern as to where the cesspool effulent is going to go The drainage ditch is not shown on survey All RESOLVED to recommend to the Southold Town Trustees DISAPPROVAL of Wetland Application No. 1-5-90-145-4115 submitted by En-Consultants on behalf of ~Rii~c:h'ar~l 'Zeidler to construct a 49' bulkhead plus 6' return on north side. Bulkhead to extend from end of exisitng bulkhead north generally along mean high water to met existing rip-rap. Dredge an area up to 15' off bulkhead to maximum depth of 4' below MLW. The CAC suggests rip-rap instead of bulkhead to fit in with neighbors. There is no necessity for the dredging. Unnamed road off McDonald Road, Laurel Vote of Council: Ayes: All Motion carried. RESOLVED to recommend to the Southold Town Trustees APPROVAL WITH REVISIONS of Wetland Application No. 1-2-90-78-5-12 submitted by Proper-T Services for Constantinos Markotsis to replace 90 I.f. of bulkhead with new bulkhead 18" seaward of old bulkhead,; extend bulkhead 20+'; relocate walk,y, ramp and foating dock at new bulkhead; dredge area around floating dock to approximately 3' at Iow water. The CAC approves if bulkhead is replaced in kind, in place and not the 18' as submitted, allows addition on same level with current bulkhead and truck way excess fill from site. Williamsburg Road, Southold Vote of Council: Ayes: All Motion carried. RESOLVED to recommend to the Southold Town Trustees APPROVAL of W~tland Application No. 1-10-90-52-8-2 of Vincent and Barbara Claps to construct a two-story single family dwelling with garage beneath, swimming pool, deckf porch, driveway, and septic system. Lot ~1, Long Pond Estated, Southold Vote of Council: Ayes: All Motion carried. RESOLVED to recommend to the Southold Town Trustees APPROVAL of Wetland Application No. 1-10-90-110-7-26 submitted by Proper-T Services of Sy Stahl to repalce an existing bulkhead (132'); add 15' return at each end and fill behind new bulkhead. 1435 West Road, Cutchogue Vote of Council: Ayes: All Motion carried. Telephone (516) 765o1801 To: From: Dated: Re: Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold Town Board of Trustees Southold Town Conservation Advisory Council February 20, 1990 Recommendation of Applications The following recommendations were made by the CAC at its last meeting of February 16, 1990: RESOLVED to recommend to the $outhold Town Trustees APPROVAL of Wetland Application No. 478 submitted by Costello Marine on behalf of JOHN VASSIL to amend Wetland Permit no. 478 to extend existing 6' x 24' float dock 10' for a total of 6' x 34'. Salt Lake Lane, Mattituck Vote of Council: Ayes: All Motion carried. RESOLVED to recommend to the Southold Town Trustees APPROVAL AND DIS APPROVAL of Wetland Application No. 1-4-90-81-1-16.1 submitted by En-Consultants on behalf of Edward Deutsch. The Council approves the construction of a 4' x 16' hinged ramp secured to drest of bank by two 4" posts; and a 6' x 20' float secured by two 8" diameter pilings. The CAC disapproves the construction of 215 I.f. of timber retaining wall at or above the line of MHW. The Council feels this is actually bulkheading'and suggest the applicant plant native vegetation to stabilize the beach and bluff. Regarding the construction of the single family dwelling with garage, deck, drive- way, well and sanitary system the CAC feels the applicant move the house back SO there will be no disturoance within 75', i.e. trucks clearing the area for work. All work should be at least 75' away. Briar Lane, Southold _Vote of Council: Ayes: All Motion carried. RESOLVED to recommend to the Southold Town Trustees APPROVAL of Wetland Application No. 1-6-90-103-3-7 submitted by En-Consultants on behalf of Dr. David Winkler to construct a tiber dock consisting of a 4' x 130' fixed elevated (4' above grade of marsh) walk; 4' x 12' rampl 6' x 20' float secured by town 8" diameter pilings. Beebe Drive, Cutchogue Vote of Council: Ayes: All Motion carried. RESOLVED to recommend to the Southold Town Trustees DISAPPROVAL of Wetland Application No. 1-3-90-90-4-12 submitted by En-Consultants on behalf of Erika Swimmer to construct a one family dwelling, sanitary system with retaining wall, well and bulestone driveway, all as shown on submitted site plan. Approximately P. 0.~ ~ox 1169 Peconic Bay Boulevard Mattituck, New York - 1169 Mr. John M. Bredemeyer, iii President, Board of Trustees Town Hall - 53095 Main Road Southold, New York - 11971 RE: App. No. 1--5-90-145-4-14/Richard Zeidler Dear Mr. Bredemeyer: FEB - B !990 Thank you for apprising us of the revised version of Richard Zeidler's proposed bulkheading along Brush's Creek, Laurel. It is very unlike the copy.that the Army Corps of Engineers sent to us on 12/26/89. We note that the revision is dated 1/25/90 -- the day that the Army Corps of Engineers public notice expired. A coincidence?? He applied to the Board of Trustees several years ago, to build exactly the same boat slip, and was denied permission. Why he would try again, particu- larly with his house on the market, is beyond us. His complete disregard for our deeded "eye view easement" is also surpris- ing, since his abuse of it had so recently created such a furor. We are very appreciative of the Board's deference to this easement, and thank you once again for this consideration. Yours very truly, Bertram W. Walker / CC: U.S. Army Corps of Engineers Attn: Mr. Michael Infurna Coastal Zone Management Program N. Y. S. Dept. of Environmental Conservation John Holzapfel, Conservation Advisory Committee Ronnie Wacker, North Fork Environmental Council LAUREL' \ TRUSTEES John M. Bredemeyer, III, President Henry. P. Smith, Vice President Albert J. K~pski, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516] 765-1823 Telephone (516) 765-1800 January 30, 1990 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 RE: APP. NO. 1--5-90-145-4-14/Richard Zeidler Dear Mr. Haje: The following action was taken by the Town Board of Trustees at its regular meeting held on January 25, 1990: The Board determined that this project be tabled due to the fact that a scenic easement is involved in the location of the proposed bulkhead. It is unlikely that this Board will entertain any activity which may, on face value, or secondarily, impede your neighbor's eye-view easement. Should you have any questions in this matter, please feel free to contact this office. Very truly yours, //oohn M. Bredemeyer, XffI/~/.'/' President, Board of Tru~/~es3 JMB: jb cc: CAC File Bertram Walker I ltlew Y~r~ Di$~i©~ ~tew Yo~k, N.Y, [~278- 0090 Publ I~ ~ol~lng refer ~o: P~blic Notice NC 3907-89-1 ].63- L2 Published: 26 DEC 89 Expires: 25 JAN 90 To Whom It May Concern: The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant ~t~o<.___SeCtion Rivers and Harbors Act of 1899 (33 U.S.C. 403) e Clean Water Act (33 U.S.C. 13~4). APPLICANT: Mr. Richard Zeidler Peconic Bay Boulevard Laurel, New York 11968 ACTIVITY: Dredge, construct a bulkhead with attendant backfill K~TERWAY: Brushs Creek, Great Peconic Bay LOCATION: Laurel, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed to assist in your review, The decision whether to issue a permit will be based on an evaluation of the-probable impact, including cumulative impacts, of the activity on the public interest . That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation~ water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will .be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general enviro~nental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used no determine the need for a public hearing and to determine 'the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED WRITING ~D MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THiS NOTiCE~ otherwise, it will be presumed that there are no objections to the activity. Any person may request~ in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application~ Requests for public hearings shall state, wlth particularity~ the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the s~ne weight as that furnished at a public hearing. Pursuant to Section 7 of the Endangered Species Act (16 UoS.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites elig. ib]e for, or included in, the Register within the permit area. Presently unknown archaeological, scientific~ prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section ~04(b) of the Clean Water Act and the applicant will ©btain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision° Pursuant to Section 307{c) of the Coastal Zone Management Act of 1972 as amended [16 U.SoC. 1456(c)], for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with, the approved state coastal zone management progr~ . By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one o~ these actions occur. For activities within the coastal zone of New York Sta~e~ the applicant's certification and accompanying information is available from the New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 162 Washington Avenue, Albany, New York 12231 Telephone (518) 474-3642 Comments regarding the applicant's certification should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorization for the activity under consideration: N.Y. State Dept. Of Environmental Conservation Tidal Wetlands Permit Town of Southold Permit It is requested tllat you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact Mr. Michael Infurna of this office at {212) 264-3912. FOR THE DISTRICT ENGINEER: ~ ~. ~ ~/ ~j~ /J~seph J. Seeboete~< ,'.~J' k~ief, Regulatory Branch Enclosures 1. Work Description 2. Project Drawings ABPLZGATION NO. ~PUBLIC NOTICE DESCRIPTION OF WORK The 'applicant~ Mr Richard Zeidler has requested Department of the Army authorization to dredge and construct a bulkhead with attendant backfill in Brushs Creek' Great Peconic Bay at Laurel~ Town of Southold, Suffolk County~ New York for the s~ated purpose of providing erosion control. The work would involve the construction of 49 linear feet of timber bulkhead and, a 6 foot return on the northern side of the ~property . An area 15 feet waterward of the proposed bulkhead would be dredged to ~ feet below mean low water, removing approximately 50 cubic yards of material to be used as backfill for the bulkhead. ALBERT J. KRUPSKI. JR.,:~~ JOHN ~. BREDE~EYER, III · President JOHN L. BEDNOSKI, JR. HENRY P. SMITH ~ Vice President John B. Tuthill BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Halt, 53095 Main Road P.O. Box 728 Southotd, New York 1197! January 12, 1990 · ~ ~, ~HONE (Slb'[ ,~5-1892 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Hol~apfel: Transmitted herDwith is application No. 1-5-90-145-4-15 for a Wetland Permit submitted by En-Consultants. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, John M. Bredemeyer, III President Board of Town Trustees JMB: j mt 1,~-~6-4 ~'2/87)--Text 12 "';~ "f' '; I" ~R~)JECT. I.D. NUMBER 617.21 Appendix C State Environmental Quality Review ,~' SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR Richard Zeidler by Eh-Consultants, 3. PROJECT LOCATION: unnamed road off McDonald Road Municipality h aur e 1 County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) To find: NY Telephone pole 82 is at entrace to "Edgemer~" subdivision. Go south on this road to end. Turn right to end of unnamed road; Zeidler parcel is on south side of this road. 5. IS PROPOSED ACTION: [~ New r-] Expansion [] Modification/alteration §. DESCRIBE PROJECT BRIEFLY: SEE ATTACHED 7. AMOUNT OF LAND AFFECTED: Initially ~+ acres Ultimate[,/ 4+ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~ Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] !ndustrial [] Commercial Describe: [] Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY STATE OR LOCAL)? [] Yes [] No If yes, I/st agency(s) and 'permit/approvals DEC COE FEDERAL, 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [~'lo If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACT'ON WILL EXIST,NG PERM,T/APPROVAL REQUIRE MODIFICATION? [~] Yes {'-~No I CERTI~,~HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWL:EDGE · ~i~/h ~ , - Applicant/sponsor name' ar~ ~idler by En-Consultants, Inc. Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 12/8/89 OVER Page 2. YDS. TO BE EXCAVATED: 50 YDS. TO BE FILLED: 50 MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: Crane WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: DEPTH AT LOW TIDE: 4' AVER. RISE IN TIDE: DISTANCE TO NEAREST CHANNEL: 20'± DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: AREA ZONING: Residential IS PROJECT FOR PRIVATE OR BUS. USE: INTENDED USE OF PROPERTY: existing residence DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: 40± 2'6" 0 private none known HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: none known HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: none known DESCRIBE FULLY THE REHABILITATION OF PROPERTY: DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: none known WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT: SEE ATTACHED BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. ~-~-~O -/y~- ~-/~- DATE APPLICANT'S NAME: Richard Zeidler by En-Consultants~EL. NO. 516-298-4317 MAILING ADDRESS: Peconic Bay Boulevard, Laurel, New York 11948 AGENT: En-Consultants, Inc. TEL NO. 516-283-6360 AGENT ADDRESS: 1329 North Sea Road, Southampton, New York 11968 PERMIT REQUESTED TO: SEE ATTACHED LOCATION OF PROPERTY FOR REQUESTED PERMIT: unnamed road off McDonald Road, Laurel Laurel HAMLET:- TAX MAP NO: 1000- 145- 4-i5 CREEK, BAY OR HARBOR FRONTING PROPERTY: SIZE OF PROPOSED WORK: LENGTH: SEE ATTACHED DESCRIPTION Brushs Creek WIDTH: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? · ,,,~N 0 DYES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services [e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: Small to Potential Can impact Bt Moderate Large Mitigated By Impact Impact Project Chang [] [] I-lyes EiNo [] [] ' J'-~ Y es J-lNo [] [] t-lYes I-lSo [] [] []Yes r-]No [] [] []Yes EINo [] []' f-lYes []No [] [] []Yes E3No [] [] []Yes []No [] [] []Yes E3Ne 19. Is there, or is there likely to be, public controversy related'to potential adverse environmental impacts? ~ /{~NO {~YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--.7_VALUATION OF THE t~1PORTANCE OF IMPAdTS Responsibility of Lead Agency Part 3 must be prepared if one or more imPact{s) is considered to be potentially large, even if the impact{s) may b miligated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Dbscribe(if applicable) how the impact could be mitigated or reduced to a small to moderate impact byprolect change(s 3- Based on the information available, decide ii: it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the ~moact occurring · The duration of the impact '~ Its irreversibiJity, inciuding permanontJv lost resources oi VdlLIO · Whether the ,npact can or w,ll be controlled · The regional consenuence of the ~mnact · its potenhal divergence {rom local needs and goals · Whether known obtuct~ons to the prolect relate to this mq~act. (Continue on attachmentsJ 11 IMPACT ON TRANSPORTATION 14. Will there, be an effect t0 existing transportation sys'tems? Examples that would apply to column 2 E3YES · Alteration of present patterns of movement of people and/or goods. '- Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? "~[~'N O [~YE$ Examples that would apply to coiumn 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action wi[[ require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ~/NO t-lYES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the [oca] ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that wou~d act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and saXf,,e~l~NO E]YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactwe, radioactwe, irritating, infectious, etc.) · Storage facilities for one rndlion or more gallons of []quified natural gas or other flammable liquids, · Pmoosed acuon may result in the excavation or other disturbance w~thm 2.000 feet or a s~te used for the disposal of solid or hazardous · Oth~,r ~mpacts; 10 I 2 3 'Small to Potential Can Impsct Moderate Large Mitigated Impact Impact Pro]ect Char, [] [] [']Yes I'"[~ [] [] flqYes [] '[]' ["]Yes I-ih [] ~ ~Yes Yes DYes Ves 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ~l:]Ves ZINo [] F'J []Yes i-'INn [] [] ~Ye~ E]No [] [] f-lYes t-~No [] [] EaY;s EaNo [] [] EaYes [] [] []Yes i']No [] [] f-~Yes [] [] []Yes EaNo [] [] []Yes, [] [] CiYes FaNo [] '[] .EaYes EaNo ~ ~ ~Ves ~No * Construction activity would excavate or compact the soil profile of agricultural land. ~ The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. ' The proposed action wou[d disrupt or prevent installation of agricultural '- land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) ' Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? N,~O r-lYES (If necessary, use the Visual EAF Addendum in ~'~ction 617.21, Appendix B.) Examples that would apply to column 2 . Proposed land uses, or proiect components obviously different from or in sharp contrast to current surrounding {and use patterns, whether man-made or natural. ' Proposed land uses, or proiect components visible to users of aest,hetic resources which will eliminate or s~gnificandy reduce their enjoyment of the aesthetic qualities of that resource. · Prolect components that will result in the elimination or significant screening of scenic views known tO be important t:o the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action 'mpact any site or st,ructure\of ~historic, pre- historic or paleontological importance? ~i~NO FtyES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. ' Any impact to an archaeological site or fossil bed located within the prOleCt, site. · . Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · .Other impacts: . IMPACT ON OPEN SPACE AND REC,qEAT1ON 13 Will Prooosed Action affect the quanhtv or quality of exlstlnL] or iuture open ~paces or recreational opportunit~e~t ' Examnles that would apply to column 2 ~O ~YES - The permanent foreclosure or a future recrea.uonal opportumtv. · . A malor reduction of an open space unpor/ant to the COmmumt¥. · Other ~mpacts: 9 · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect,air quality? "N~O C]YES Examples that would apply to Column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action wi|l result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than lO million BTU's per hour. · Proposed action will allow an increase in the amount af [and committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS ., ;4 Will Proposed Action affect any threatened or end,~ngered species? '"~'NO [~YE5 Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal ist. using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year. other than for agricultural purposes, · Other impacts: 9 Will Proposed Action substantially affect non-threatened or non-endangered species? '"~0 []YF$ Examples that would apply to column 2 · .Proposed Action would substantially interfere with any resident or m~ratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres or mature forest {over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCZS 10 Will the Proposed Action affect agricultural land resources? "~NO F-lYES EzampJes that would apply to column :2 · The proposed action would sever, cross or limit access to agricultural land [ ncJudes cropland, hayfields, pasture, vineyard, orchard, etc.] Small to Potential Can impact Moderate Large Mitigated E Impact Impact Project Chan [~. [] ,';, []]Yes E-lb [] [] []Yes []t~ [] [3 E3Yes ~ ~ ~Yes ~N~ ~ ~ ~Yes ~Nc ~ ~ ~Yes g ~ ~Yes -~N( Q Wes ~-. IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of.the Environmental Conservation Law, ECL) ~NO r'3YES Examples that would apply to column 2 · Developable area of site contains a protected water body. - Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action ~.ffect any non-protected existing or new body of water.~ '~NO r-lYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwate( / quality or quantity? '~NO ,QYE$ Ex-~mples that would apply to column 2 · Proposed Action will_require a discharge permit. · Proposed Action requires use of a source of water that does .not have approval to serve proposed {proiect) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. ,, Construction or operation ccusing any contamination of a water supply system. · Proposed Action will adversely affect groundw~ater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likeh., cau;e si!ration ot other discharge into an existing body of water to the ext'.:.nt that there will be an obvious visual contrast to natural conditions, · Proposed Action will reouire the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas w~thaut water and/or sewer services. · Proposed Action locates comrr.,ercial and/or m~ustrial uses which may require new or expansion or OXlStlfq; wasEe tleatmellt and/or storal4e faohtzes. · Other im.r~acts: ,. , Will pronosed acuon alter drainn~e ~'low or patterns., or water runoff? Ex,~mples that woutd apply to colutnn Propose~ Action would ch3nge flood water ilows. 7 ~-tES I 2 3 Small to Potential Can Impact Moderate Large Mitigated B Impact Impact Project Chan [] ~ E~Yes [] [] ~Ves [],', [] [] ['-]Yes [] ~ ~Ves ~ ~ ~Yes ~ D ~Yes Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE , - Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations reasonable.~ The reviewer is nat expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily signific; Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 sir asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of. impacts and wherever, possible the threshoi magnitude that would trigger a response in column 2. The examples are generally applicable t,~roughout the State for most situations. But, for any specific project or site other examples and/or lower thresholds may be approp? for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examCes are illustrative have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds toanswer each quest · The number of examples per question does not indicate the importance of each question.. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of - impact. If impact threst~old equals or exceeds any example provided, check column 2. If impactwdl occur but threshc is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PAR? e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moder: impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. T'. must be explained in Part IMPACT ON LAND 1. Will the proposed action result m a physical change to the proiect site? ~I~o OYES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (.15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · C0nstruct~on of paved parking area for 1,O00 or more vehicles. * Construction on land where bedrock is exposed or generally within 3 f~.et of existing ground surface. o Construction that will conunue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill · Construction in a designated floodway, * Other unpacts 2 Will there be an effect t, .... ~¥ ur~,que or unusual land forms round on the site? (i.e.. cliffs, dunes, geological formations, etc.)'~ic4C) E2'i'ES · Specific land forms: I 2 3 Small to Potential Can Impact Moderate Large Mitigated By Impact Impact Project Chang [] [] [~Ves []]Nc [] [] []]Yes E]Nc [] [] []Yes [] [] [~Yes -. ,' -1'4..i6;.2 ~2187}-- 7..c 617.21 SEC Appendix A State Environmental Quality Review "- FULL ENVIRONNIENTAL ASSESSMENT FORM, Purpose: The full £AF is designed to help applicants and agencies determine, in an orderly manner, whether a proje~ or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequefl Iy, there are aspects of a project that are subjective or unmeasureabie. It is also understood that t~ose who determi~ significance may have little or no formal knowledge of the environment or may be technically e.~pert in environment~ analysis, in addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actior Full £AF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identi~/ing basic ~rojec data. it assists a reviewer in the analysis that takes place in Parts 2 an~i 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provide guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. .~ Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used ~/o evaluate whether or not th~ impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part1 l~ Part2 [~]?art3 Upon review of the informatio~q recorded on this EAF (Parts 1 and 2 fi'nd 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ~' A. The project wiB not result in any large and important impact(s) and, therefore, is one which will not have a signii:icant impact on the environment, therefore a negative declaration will be prepared. r'l B. Although the project could have a significant effect on the environment, ther~ will ~ot 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 environment, therefore a positive declaration will be prepared. ' A Conditioned Negative Declaration ~s only valid for Unlisted Actions ~ Name of Action $OUTHOLD BOARD OF TOWN TRUSTEES Name of Lead Agency John M. Bredemeyer, III President, Board of Trustees Print or type Name of~o~ble Otficer m Lead Agency Title oi Resl)onslble Otiicer /jb~a5 - Of ReSponsiVe Officer' Lead Agency Signature of Pti.parer (If different ,rom responsible officerl Date ,~, U. S. Army Corps of Engineers - Page 2 - January 6, 1990 Since Brush's Creek is not considered Federal waters, but belongs to the Town of Southold and is therefore under the jurisdiction of the Board of Trustees~ we were surprised that this application did not Originate with them as lead agency, Weemphasize that we understand the needfor thecontinuation of the bulkheading and look forward to its implementation, providing it is done without jeopardizing the effectiveness of, the existing stone bulk- heading on the adjoining north side. Since the noted PUrpose of this project is "erosion control", we do not want the erosion problem trans- ferred from one side to the other. Thank you for your consideration. Yours very truly, Bertram W. Walker Enclosure: Sketch of Proposed bulkheading cc.-~Southold TOWn Board of Trustees Harold Berger, Dept. of Environmental Conservation Coastal Zone Management Program U. S. Army~Corps of Engineers New York District Jacob K. Javits Federal Building New'York, New York, 10278 - 0090 P. O. Box 1169 Peconic Bay Boulevard Mattituck, New York - 11952 Attention: Joseph J. Seebode, Mr. Michael Infurna RE: CENAN-OP-RE Application No. 89-1163-L2 January 6, 1990 Public Notice No.. 13907-89-1163-L2 Gentlemen: We are in receipt of your letter of 12/26/89, referring tothe apPli- catiOn of Richard Zeidler to dredge and construct a bulkhead on Brush's Creek in Laurel, New York. Thank you for apprising.us of this situa- tion. Although we are pleased that this extension of the existing bulkheading is being considered, (it is badly needed), we do have certain reserva- tions about the proposed work. "We note that the area to be dredged is 49'.x 15', to a depth of 4' below mean low tide. We feel this depth would have an undermining effect on the existing stone bulkheadingl (referred to as rip-rap on the sketch), which protects the adjoining property to the north. This area is dredged annually by Suffolk County, (under Mr. John Guldi)~ The countyhas always refused to dredge anything but the excess sand that washes in from the.bay, saying that disturbing the natural make-up of the shoreline of the creek would ~ndermine the existing bulkheading along the creek. Surely,' removing the quantity proposed would have an even greater impact -- particularly since it will' be creating a 'pocket'. If additional fill is required to shore up the new buikheading, it would seem wiser to truck it in. Since Mr. Zeidler's house is on the market, we would not.want him to create a situation that he would not behere to correct. 2. I believe that representatives ofthe N. Y. State Department of En- vironmental Conservation have already, inspected the si~e and stated that they would not permit the Proposed bulkheading to beconstruc- ted as drawn. Theysuggested it be brought back ~closer ~toshore, lined up with the first bendof~the existing bulkaheading, (from north ' to south), at the present high water line. 3. The sketch,.as submitted, is inaccurate. It ,shows the proposed line for the new bulkheading as lining up with {he existing rip-rap. It does not. It extends farther into the'creek than the stones. COUNTY OF SUFFOLK ) STATE OF NEW YORK ) Roy L.~Haje, President of En-Consultants~ Inc. BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRA/qTR~. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signatur~ of Applicant Roy L. Haje, President swoRN TO BEFORE ME EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATIONOF FEES Approved 2/27/85 PART 1--PROJECT INFORMATION - :::: - ..; i~i:i,: ..-Prepared by Project. Sponsor ' ;~' '*~ 5?: :" ~" : "'~" ' ' m NOTICE: This docu~ent4~;design&d;~torassiSt'in' determining whether4he action proposed ay have a'significant, on the environme~.Plea~&'.~bmplete the entire:form, ~Pa~s A. through E. Answers to these questions will as psrt of the app{icatioh for approval and m~y be subject to further verification and pub{{c review. Provide ~ny add~ information you believe will be needed to complete Par~ 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and win not in new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and s~ each instance. . NAME OF ACTION LOCATION OF ACTION {include Street Address. Municipality and County) NAME OF APPLICANT/SPONSOR Eh-Consultants, Inc. I (516) 283-6360 ADDRESS 1329 North Sea Road Clime I S~ATE Zl~ COD~ Southampto~ - t NY 111968 NAME OF OWNER (If different) I ' BUSINESS TELEPHONE Richard Zeidler ! (516) 298-4317 ADDRESS Peconic Bay Boulevard CITY/PO t STATE ZIP CODE Laurel~ I NY , 11948 DESCRIPTION OF ACTION 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-]Industrial [~Forest [-IAgriculture 2. Total acreage of project area: .75 acres· APPROXIMATE ACREAGE Meadow or Brushiand (Non-agricultural) Forested Agricultural (Includes orchards cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill} Road~, buildings and other paved surfaces Other (Indicate type) laD_dscaped 3. What i~ predominant soil type(s} on proiect site? saDd. a. Soil drainage: lO0 [~WeH drained __ ~'PoorIv drained f-ICommercial' ~]Other ~Residential (suburban) [~Rural (non-fa PRESENTLY AFTER COMPLETIOh acres acre: acres acre~ acres acrm acres acre~ · 1 acres .1 acre: acres acre5 acros a c r(_~f · 45 acres .45 acre.~ % of site {-~Moderateiy well dra,ned % of site % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N Land Classification System? acres. (See 1 NYCRR 370}. 4. Are there bedrock outcroppings on project site? ~Yes [~No 100+ a. What :s depth to bedrock? (in (eeo PROJECT DESCRIPTION Construct a 49' bulkhead plus 6' return on north side. Proposed bulkhead will extend from end of existing bulk- head north generally along mean high water to meet existing rip-rap. Dredge an area up to 15' off bulk- head to maximum depth of 4' belown mean low water. Approximately 50 cubic yards of spoil which has eroded from upland and now hinders navigation will be placed behind new bulkhead for backfill. To find: New York Telephone pole 82 is at entrance to "Edgemere" subdivision. Go south on this' road. Turn right to end of unnamed road - Zeidler parcel is on south side of this road. 5. '^pprox~mate ~aercentage of proposed prelect site with slopes: ~[{10-10% , '1-0 0 % .~10-1 - - ~: : , . :~1~15~ org~eatet .... ~'~'-'% 6, Is proiec~ S~bstant[aily [ootiguot!s to,_.~.:,Coatain a ~uilding;fsite~ or district..]iSt~ on the State or the Nation~ "' Register's Of'Historic Place~? '"- ~Y~s ':'"'-~N6 ' 7, Is project substantially contiguous to a site listed on the Register of National Natural Landmarks~ ~Yes 8. What is the depth of tee Water table? 5! (in feet) 9. Is site located over a primal, principal, or sole source aquifer? ~Yes ~No 10, Do hunting, fishing or shell fishing opportunities presently exist in the protect area~ ~Yes ~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered ~Yes ~No According to , Roy L. Ha~e Identify each sDec~es ~2~ Are there any ~m~ue or unusual land forms o, the pro~ec~~ slte~ (Le.. c~iff$~ ~on~m. other geological formations ~Yes ~No Describe 13. Is the proiect site presently used by the community or neighborhood as an open space or recreation area~ F-lYes ][[]No If yes, explain 14, Does the present site include scenic views known to be important to the community.~ ~Yes I-]No 15. Streams within or contiguous to project area: Brush's Creek a. Name of Stream and name of River to which it is tributary 16. 17. Lakes, ponds, wetland areas within, or contiguous to project area: a. Name Is the site served by ~xisting public utilities? fl-lYes a} If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow cannection? b. Size (in acres) I-lYes I~No ~Yes ~'' ,.~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? ~Yes ~No 19. Is the site located la or substantially contiguous to a Critical £nvironmenta[ ;\rea designated pursuant to Article 6 of the ECL, and 6 NYCRR 6177 ~Yes [~No 20. Has the site ever been used for the disposal of solid or hazardous wastes~, i'~Yes ~:No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor .75 b. Project acreage to be developed: ~ 75 acres initially; .75 c. Project acreage to remain undeve!oped - acres. d. Length of project, in miles: - [if appropriate) e. If the proiect is an expansion, indicate percent of expansion~ proposed f. Number of off-stree[ parking, spaces existing ,,TL/,,a ; proposed g. Maximum vehicular trtps generated [)er hour h. If residential: Number and type o~ housing units: One famdy Two Family Initially n/a Ultgmatelv . n/a . i. Dimensions (in teet) of largest proposed structure n,/n height: j. Linear feet of frontage along a public thoroughfare prelect wdl occup,/ ~s? acres. acres ultimately. (upon comple£ion of proiectJ~ Multiple Fatuity Condominium width: length. ~/a 2. How much natural material (i.e.. rock, earth, etc.) willbe removed from the site? 3; ~Will disturbed are&s be recl~i'med? l-lYes . ["]No. ~N/A a, If yes, for what intendcJ purpose is the s~ite I~g re~l~im'~8'?:' '~; ' -" b. Will topsoil be stockpiled for reclamation? E3Yes F'INo c. Will upper subsoil be stockpiled for reclamation? I~Yes I-lNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? · O ,tons/cubic yards 0 acres. 5. Will any mature forest Iover 100 years old) or other locally-important vegetation be removed by this proiect? DYes 6, If single phase project: Anticipated period of construction 2L2 7. If multi-phased: ~/a a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. [s phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? E3Yes [~No 9. Number of jobs generated: during construction 4 10. Number of jobs eliminated by this proiect 0 ,, 11. Will project require relocation of any projects or facilities? months, (including demolition). (number). month year, (including demolition) month year: [~Yes r'lNo" ; after project is complete 0 F'1Yes I~No If yes, explain 12. Is surface liquid waste disposal involved? i-]Yes [[]No a. If yes, ]ndicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposai involved? []Yes ~No Type 14 Will surface area of an existing water body increase or decrease by proposal? Explain [~Yes [~No 15. ['s project or any portion of project located in a 100 year flood plain? ~Yes 16. Will the project generate solid waste? [~Yes I~No a. If yes, what is the amou~.t per month tons b. If yes, will an existing solid waste facility be used? DYes c. If yes, give name ; location d. Will any wastes no[ go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~No C]Yes :~No 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? 113. Will prolect use herbicides or pesticides? [:]Yes ~Yes i~No tons/month. years· ~No 19 Will p(oject routinely produce odors (more than one hour per day)? [Yes 20. Will proiect produce operating noise exceedin~ the local ambient noise levels? 21 Will proiect result in an increase in energy use? E3Yes ~]No If yes ; indicate type(s) E~No []Yes [~No 22. If water supply is from wells, indicate pumping capacity 23. Total anucipated water usage per day z~,/~t gallons/day. 24 Does prolect involve Local, State or Federal funding? ~Yes ]f Yes, explain gallons/minute. [~No City, Town Zoning Board E]Yes E]No City, County Health Department [Yes E]No Other Local Agencies []Yes E~No Other Regional Agencies l-lYes State Agencies l~Yes F'tNo Federal Agencies F~yes f"lNo Trusqees 12/89 DEC, TW 12/89 COE,..$ection 10~ 12/89 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision.~ I-lYes R"INo _ If Yes, indicate decision required: E]zoning amendment ['3zoning variance []special use pen'nit E]subdivision E}site plan i--inew/revision of master plan t-lresource management plan i-lother 2. What is the zoning dassJfication(sJof the site? Residential 3. What is the maximum potential development of the site if developed as permi'tted by the present zoning? One-family dwelling 4. What is the proposed zoning of the site? n/a · 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes 7. What are the predominant land use(s) and zoning classifications within a ;~ mile radius of proposed action? n/a 8. Is the proposed action compatible with adjoining/surrounding land uses within a IA mile? ~Yes ~t' 9. If the proposed action is the subdivision of land, how many lots are proposed? i3/a a. What is the minimum Jot size proposed? 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? t-lYes J~r, 11. Will the proposed action create a demand for any community provided services (recreation, education, po[ic fire protection)? I-lYes ~No a. if yes, is existing capacity sufficient to handle projected demand? fi-lYes F~No 12. Will the proposed action result in the generation of traffic significantly above present ]evels? ~Yes ~N a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes ~No D. Informational Details Attach any additional information as may he needed to clarify your project, if there are or ~av be any adver~ impacts associated with your proposal please discuss such impacts and the measures which you Dropose to mitigate avoid them. E. Vo[ification. ~ the action *s in lhe Coast~ Area, an~you are a state aAency, complete the Coastal Assessment Form be{ore proceedin with this assessmenC 5 T~ W. hom it May Concern: This is to authorize ENCONSLrLTANTS, INC. of Southampton to obtain the necessary per. mits on my behalf. ADJACENT OWNERS Betram Walker Peconic Bay Boulevard, Box 1169 Mattituck, New York 11952 Joan Chisholm Edgemere Park Laurel, New York 11948 Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 ~u~ul~,~lg~D ALfERAftOt~ O1~ A~I[~ ~lS SUR~ ~ A VI~ OF EC~ON ~9 ~ THE ~ YO~ ~A~ LAND ~RYE~OR'S I~ SE~ ~ ~ A VALID ~UE ~