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Home My WebLink AboutTR-4839Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gamell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892. Fax (516) 765-1823 Office ~,~ ~Wetland Permit ApD!ication / . / nmmen~/cD, angUs ~eceived Application: /~//~ ~3ceived Fee: $/~ I/Completed Applicat%on Incomplete SEQRA Classification: ~T~pe i Type II Unlisted Coordination:'(date sen~) . ' CAC Referral Sent: [f/F~'/¢ ~'~ate of inspection~ /i~/1~/¢7 , Receipt of CAC Report:-! / ~Lead Agency Determination: Technical Review: 'j~ubiic Hearing Held: /~,.// 54~ esolution: N~ne of Applicant Marguerite Russell c/o George Spath (P.O.A.) Address Post Office Box 136, Allendale, NJ 07401 Phone Number:(516 ) 298-1480 Suffolk County Tax Map Number: 1000 - 107-9-11 Property Location: 3405 Wickham Avenue, Mattituck, NY (provide LILCO Pole ~, distance to cross streets, and location) AGENT: En-Consultants, Inc. (If applicable) Address: 1329 North Sea Road, Southampton, NY 11968 Phone: 516-283-6360 FAXg: 516-283-6136 ~roiect DescriDtion Remove ~98' of existing concrete retaining wall and replace (in place) with +98' of timber retaining wall. Replace (within 18") ±16'--of existing concrete retaining wall serving as foundation to existing bungalow with +16' of timber retaining wall supported with batter pi~es. Backfill with approximately 15 cubic yards of clean sand to be trucked in from upland source. ~r~,~,,vs ,H~P ~k 35 EN-CONSULTANT~ 1329 NORTH SEA RD. ~OUTHAM~PTON N.Y. 11968 l~R-~ , Fill. · ZIO - BY' n~-¢. ~.~r~4//~ ~ ~'4LL (w/?,~op. ~eru,~,~ ~ i.=/b' ~L~d ~ 0 '- 0" board of Trustees Application GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: 23,850 Residential No Change Prior permits/approvals for site improvements: Agency 'Date Applied NYS DEC 10/31/97 USA COE 10/31/97 NYS DOS 10/31/97 X No prior Pezmits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a goverr~ental agency? - x No Yes if yes, provide explanation: Project Description (use attachments if necessary): Remove ±98' of existing concrete retaining wall and replace (in place) with ±98' of timber retaining wall. Replace (within 18") ±16' of existing concrete retaining wall serving as foundation to existing bungalow with ±16' of timber retaining wall supported with batter piles. Backfill with approximately 15 cubic yards of clean sand to be trucked in from upland source. ~- ~ ~oard of Trustees Applicati~.~ WETLAND/TRUSTEE LANDS A~PLICATION DATA Purpose of the proposed opera~ions: To replace deterioratin~ concrete retaining wall in order to maintain erosion and flood control on subject property. Area of wetlands on lot: Percent coverage of lot: 0 0 % .square feet (Adjacent wetlands seaward of property line.) Closest distance between nearest existing structure and upland edge of wetlands: 0 feet from existing retaining wall (minimum distance) Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? 15 cubic yards clean sand Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately fifteen (15) cubic yards clean sand to be trucked in from an upland source and deposited landward of retaining wall as backfill. Statement of the effect, if any, on the wetlands and tidal wauers of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed project will occur adjacent to an intertidal marsh fringe of Long Creek. In order to minimize any potential impacts to this wetland area, the retaining wall will be replaced in place where Spartina alterniflora occurs in close proximity to' the existing wall. where the existing walk serves as a foundation to the bungalow and thus must be replaced within 18", there is no tidal wetland vegetation mn the location where the work will be performed (see project plans). Therefore, there will be no significant adverse effects to the adjacent wetland area or to Town waters~ NOTICE TO ~DJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of Marguerite Russell SCTM91000-107-9-11 YOU ARE HEREBY GIVEN NOTICE: ! That it is the intention of the undersigned to request a Permit from the Board of Trustees to: SEE ATTACHED 2. That the property which is the subject Environmental Review is located adjacent to your property and is described as follows: 3405 Wickham Avenue, Mattituck, NY 3. That the property which is subject to Environmental Review under Chapters 32,37,or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and dose not reference any other adjacent that might have to review same proposal. OWNERS NAME: Marguerite Russell MAILING ADDRESS: c/o ~eorge ~pauh (P.O.A.) Post Office Box "i3b, Allendale, NJ 07401 PHONE 9: 5i6-298-1480 Enc.: Copy of sketch or plan showing proposal for your convenience. 14-16-4 (2/87)--Text 12 iPROJECT 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) SEQR I . APPLICANT/SPONSOR ]~J-~Z~.G~TE RUS$]:;;LL, c/o I 2. PROJECT NAME GEORGE SPATH (P.O.A.) by EN-CONSULTANTS, INC. 3, PROJECT LOCATION: Municipality 1Vf~CK County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 3405 WICKHAMAVE.,MATIITUCK, N.Y. 11952 SCTM# 1000-107-9-i1 5. IS PROPOSED ACTION: [] New [] Expansion [] Modificatio n/a iteration 6. DESCRIBE PROJECT BRIEFLY: SEE A~rACHED 7. AMOUNT OF LAND AFFECTED: Initially .547 acres Ultimately .547 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 [] 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)? [] Yes [] No If yes, list agency(s) and permit/approvals DOS, COE, SOUTI-IOLD TRUSTEES 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTiON WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-]yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~P~Y/~- I-IA~. -P~SIDE~Yl" Date: OCT. 2'/, 1997 Signature: ~/~~~.(. 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 .... '~oard of Trustees Applica~ )n AUTHORI ZATI ON (where the applicant is not the owner) Marquerite Russell 'residing at 3.405 Wickham Ave., (print owner of property) (mailing address) Mattituck, NY 11952 do hereby authorize Eh-Consultants, Inc. (Agent) to a~!v for Southold Beard of Town Trustees on my behalf. ~'-( O~e~ s- signature) -~oard of Trustees Applicat~'~n County of Suffolk State of New York Marquerite Russell BEING DULY SWORN DEPOSES AND A~'~!RMS THAT HE/SHE IS TH~ APPLICANT FOR THE ABOVE DESCRIB~ PERMIT(S) AND THAT ALL STAT~S CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWL~nGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOr.n TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLDAND THE TOWN ?RUSTEES F33~ESS AI~D F~uEE FROM ~' ~-D ALL D~AGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PEP/~IT(S), IF GI~Alfi~R.n. IN COMPLETING THIS APPLICATION, I HEI~RRY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJT/NCTION WITH REVIEW OF THIS APPLICATION. SWOP=N TO BEFORE ME THIS No%ary Public IZO P~RC,~N~E NetaW !PubJic, State ,~f N~ No, 0~IOB~8 Qua;'~¢ied in 'New York Coun~ Corem'isaiah Expires Aug. 28, PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ~ Address: ~ 22!& ~65 8E6 US Posta~ Service Receipt for Certified No insurance Coverage Provided. ,o not use for intemati~ (See reverse) ,, {~et.&.Number c/o Howard Safir NYC Police Commissioner 1 Police Plaza ~i400 New York, NY 10038 Roy L. Haje, President of doing Eh-COnsultantsr Inc. , ~be~s at 1329 North Sea Road, Southampton, NY , being duly sworn, deposes and says that on the ~ day of November ,19 97 , deponent mailed a true copy of the Notice set forth in the Board of Tr~]stees Application, directed to eack of the above named persons at the addresses set opposite there respective names; that the addresses se~ opposite the names of said persons ~e the ad. ess of said persons as shown on the c~rent asses~ent roll of the Town of Southold; that said No~ces were mailed at ~e United States Post O~fice at Southampton . that said Notices were mailed to each of said persons by (~rtifiad) (registered) ' ~0y ~. ~a3e :j Sworn to before me tkis '~ GAIS~A~N day of ~O~D~/ ,19 ~ Nom~Pub~,Stateof~wY~ NO. 477205S ~ ~~~ QuaHfi~ in S~olk Cou~ ~ ~mmi~ ~ ~ly 31, le~ ~J/ ' Notary P~iic Board Of $outhold Town Trustees SOUTHOLD, NEW YORK DATE:....~2./].9/92 ...... ISSUED TO ................... M.A !~.G.U..~.R .'.'~...~...,R.U.$.S E.LI~ ......................... Authorization Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Soufhold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on ...... 19......9.2., and in consideration of the sum of $...150,.00 ..... paid by ....... En~.Ccmsult an~.s.../nc ........ f~r ..MARG~ERI~E...i~ S.$ELL .......... of ............... M.~:~tJ, t~ck ................................................ N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to remove 98+/-' of exist, concr, ret. wall replace inplace with 98+/-' of timber ret. wall, replace within 16+' of exist, conr. ret. Wall serving as a ~oundation of bun 6~' of timber ~ all a kfill. 't a p_rox. 15 c . ,n accoraance t~ ~Je~a~c spec, ~cat~on~ as presenteEYr~ of aZ~he originating application, with c°nd. that a 10' hon=turf WFtEREOF, T~e sald-BoarE oFT~ustees' I~ere- causes its CorpOrate Seal to be affixed, and these presents ~ro subscribed by a majority of the said Board as of this daf, e. Albert J. Kmpski, President John Holzapfel, Vice President 3im King Martin H. Garrell Peter Wenczel Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 17, 1997 En-Consultants Inc. 1329 North Sea Road Southmup~on NY 11968 Re: MARGUP/~ITERUSSFT.~. SC~ ~107-9-11 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during its Regular Meeting held on Dece~nber 17, 1997, regarding the above matter: WHEREAS, M3%RGUERITE RUSSEI~L, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 12, 1997 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and rec~uendations, and W~ERE~, a ~blic Hearing was held by the Town Trustees with respect to said application on Dece~er 17, 1997, at which time all interested persons were given an opportur~ity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation s,~itted concerning this application, and, WHEREAS, the structure cc~plies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE ITy RESOLVED, that the Board of Trustees approves the application of MARGUERITE RUSSELL to remove 98+/-' of existing concrete retaining wall and replace inplace with 98+,/-' of timber retaining wall, replace within 18" 16+' of existing concrete retaining wall serving as a foundation of bungalow with 16+' of timber retaining wall supported withbatter piles and backfill with approx. 15 c.y. of clean sand, with condition that a 10' non-turf buffer be along the bulkhead landward and a 10' return be placed on west side as per plans dated 10/15/9~.~ Located: 3405 Wickham Ave., Mattituck. · BE IT FURTHER RESOLVED that this determination should not be considered a detezmination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and pezmit 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 A /djh cc. DEC ACE Dept, of State Telephone (516) 765-1801 Town Hail..-5~095 Main Road P.O. Box 1179 Sou~old. New York 11971 SOUTItOLD TO~N CONSERVATION ADVISORY COUNCIL The following recommendation was made at the Southold Town Conservation" Advisory Council meeting held Monday, December 15, 1997: No. 1509 Moved by Mary Griffin, seconded by Bret Hedges, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A PROVISION of the Wetland Permit application of MARGUERITE RUSSELL 107-9-11 to remove 98 +/-' of existing concrete retaining wall and replace (in place) with 98 +/-' of timber retaining wall; replace (within 18") ~ +/-' of existing concrete retaining wall serving as foundation to existing bungam~ ¥~'>;k ~.5 +!=' of timber retaining wall supported with batter piles; backfill with approximately 75 c.y. ~ clean sand from an upland source. 3u,05 Wickham Avenue, Mattituck The CAC recommends approval provided a 10' non-turf buffer is installed. Vote of Council: Ayes: All Motion Carried George E. Pataki Alexander E Treadwell Secretary of State Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Dear Mr. Haje: November 10, 1997 F-97-821 U.S. Army Corps of Engineers/New York District Permit Application - Marguerite Russell, Long Creek Town of Southold, Suffolk County Acknowledgement of Federal Consistency Assessment Form The Department of State received your Federal Consistency Assessment Form and supporting information on November 3, 1997 and has determined that the submitted documentation is adequate to commence our review of your proposed project. We will contact you if additional information may be necessary for consistency review purposes. You and the Corps of Engineers will be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue a permit for this project unless the Department of State concurs with your consistency certification. Please be advised that the Corps of Engineers may authorize the proposed project under an existing nationwide permit (#3). If the Corps of Engineers does determine that this project could be authorized under' an existing nationwide permk, no further review of this project by the Department of State would be necessary. Please call Walter F. Meyer at (518) 474-6000 if you have any questions. 'Sir/~rely, .~, ~, William F. Barton Chief, Consistency Review and Analysis WFB:dlb cc: COE/New York District-- James W. Haggerty NYS DEC/Region 1: John Pavacic Town of Southold - Albert J. Krupski, Jr. Division of Coastal Resources a~:d Wacterfront Reo~La~ati~ Albar~; ~ 12231--~001 Voice: (518) 474-6~00 ~ax~ (518) 473-2464 George E~ Pataki Alexander E Treadwell Secretary of State Albert J. Krupski, Jr. Trustee, Town of Southold 53095 Main Street P.O. Box 1179 Southold, NY 11971 November 10, 1997 Re' F-97-821 U.S. Army Corps of Engineers/New York District Permit Application - Marguerite Russell, Long Creek Dear Mr. Krupski: Enclosed is a copy of the information submitted to the Department of State for review of the above-referenced project with respect to its consistency with the Coastal Management Program for your information and preliminary review. Please contact Walter F. Meyer, the DOS reviewer assigned to this project, at (518) 474-6000 to discuss your concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved NYS Coastal Management Program. Please note, however, that if we do not hear from you within 45 days of the date of this letter, we will presume that you have no objections to the proposed project. Sincerely, William F. Barton Chief, Consistency Review and Analysis Enclosures WFB:dlb Division of Coastal Resources and Waterfront Revitalization A~bany, NY 12231-0001 Voice: (518) 474-6000 Fax.. (518) 473-2464 ADDENDUM TO FCAF: MARGUERITE RUSSELL 2a) Because the proposed project will occur adjacent to the State designated intertidal marsh tidal wetlands of Long Creek, the project must be consistent wkh Policy 44. The proposed project witl be consistent with this policy because it will not affect benefits derived from tidal wetlands. In the area where Spartina alterniflora occurs in close proximity to the existing retaining wall, the structure will be replaced in place. In the area of the bungalow where the wall must be replaced within t 8", there is no tidal wetland vegetation in the location where work will be performed (see project plans). Moreover, the project wilt require a Tidal Wetlands Act permit from the NYSDEC. 20 Because the project will occur within the State designated siLmificant fish and wildlife habitat of Long Creek (Mattituck Inlet Wetland), it must be consistent with Policy 7. In order to avoid any physical impacts to the adjacent intertidal marsh fringe, the majority of the existing retaining wall be replaced in place, and the surrounding habitat will not be "sig-nificantly impaired" as defined by Policy 7. 3a) Because the proposed activky will occur at a waterfront site, k must be consistent with Policies 2, 21, and 22. The replacement of the retaining wall will be consistent with Policy 22 in that it will not alter or affect existing water-related recreation on Long Creek. Policies 2 and 21 do not apply to the project. 3c) Because the retaining wall is an erosion control structure, the proposed project must be consistent with Policies 13, 14, and 16. Pursuant to Policy 14, replacement of the retaining wall will not cause or increase erosion at adjacent properties. A healthy intertidal marsh fringe exists immediately in front of the r~t~,aining wall, whose primary purpose has been to prevent flooding of the subject upland, and the property to the northeast is stabilized by a similar retaining wall. Although ideally the two walls should be fled together to prevent flooding between them, the'adjaden~ owner has denied permission to do so. The new timber retaining wall will be designed and constructed in accordance with generally accepted engineering, practice, and thus, excluding any catastrophic occurrences, has a reasonable probability 0t'controlling erosion and flooding for at least thirty years. Therefore, the project is consiste~_.nt with Policy I3. Policy 16 is inapplicable to the project. Albert L Kmpski, President John Holzapfel, Vice President Jim Kii~g Martin H. Gar, ell 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 BO~D OF TRUST~RS: TOWN OF SOUTHOLD in the Matter of the Application of COUNTY OF ' S'~FFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~4 ~g~w~ , residing at EN-CONSULTANTS being duly sworn, depose and say: 516-283-G3 0 That on the ~ day of ~., 199% ~ ~rso~ally posted the property kno~ as ~ ~t~ ~. by placin~ the Board of Trustees official ~er where it can easily be seen, ~d that I have chewed to be sure the post~' p~lic he~ing. (date o~ he~ing noted thereon t~ be held Dated: Sworn to before me this Notary Pu]olic GAl sTRATTON Nota~ pu?,lic, S_t._a?~ .of.. New York Ho. 477ZU~ C~/ Quslified in Suffolk Courm? 7x Commission Expires July 31,199.&L G? EN-CONSULTANT~ 1329 NORTH SEA, RD, ?OUTHAMPTON N.Y. !I968 "~-?~3-$360 f~