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HomeMy WebLinkAboutTR-4769August 26, I997 George E. Pxcaki Alexander E Treadwetl Diarme K. Le Verrier Environmental Consultant En-Consuttants, Inc. I329 North Sea Road Southampton, N-Y' 11968 F-97-322 U.S. Army Corps of Engineers/New York District Permit Application ~974)5260-L5 Al & Muriel Schwartz, Arshamomoque Pond Town of Southold, Suffolk County DEC # 104738-00336/tX)002 Permit Modification Dear Ms. Le Verrier: The Department of State has reviewed the information you submitted on July 21, 1997 regarding a modification to the project that was authorized by COE/NY Permit ~7-05260-L5. The proposed modification would result in the placement of a stone riprap wail at the toe of the bluff. The project as modified would nor cause coastal zone effects substantially different than those originally reviewed by this Deparunent. Therefore, the Deparunent has no objection.to the proposed permit modificatmn. A copy of this letter is being sent to the Corps of Engineers informing that federal agency of this determination. If you have any questions on this matter, please call Gary J. Haight at (518) 474-6000. WFB:dlb cc: COE/New York District - Denise Butts DEC/Region 1 - John Pavacic Town of Southold - Albert J. Krupski, Jr. Sincerely, / Chief, Consistency Review and Armlysis Board Of $outhold Town Tru' tees SOUTHOLD, NEW YORK ISSUED TO ......... M -U~IEL... A.,..._S.GH~ARTZ ............................ Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 189:3; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LA.NDS and ~he 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 ....Zuly. 30.,.. 1997 19 ~.~ , end in consideration of the sum of $.150...0.0 paid by .. ~.n~.C~!~...!~.~., ...f~.. M. UR!~ .A., SCH~.AR~Z ....... of ..... ~Q~hc!~ .............................................. N. Y. a.d subiecf fo Terms and Conditions listed on the reverse side hereof, of Soufhold Town Trustees authorizes and permits the following: Wetland Permit to constr. 100 l.f. of timber retaining wall with 2- 8' returns, backfill with 60cy of cle~ fill. Exist. stMrs & do( removed during constr, then replaced. NOTE: Applicant ~shes to ~s.~.~t~ne,r~p~r~p w~~d at toe 9f,b~uff w~n the aeta~ea spe~mcat~ons ~s p~e~ntea ~n originating applicefion.~mbe~ as per plans dated and rec'd. 7/11/97 IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corporate Seal fo be affixed, and these presents fo be subscribed by a majority of the said Board as of this daf.e. 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 August 4, 1997 En-Consultants Inc. Roy Ha3e 1329 North Sea Road Southampton NY 11968 Re: MURIEL A. SCHWARTZ SCTM $5t-6-40 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during its Regular Meeting held on July 30, 1997, regarding the above matter: WHEREAS, MURIEL A. SCHWARTZ , applied to the SouthOld Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 25, 1997, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and rec~lendations, and WHEREAS, a Public Hearing was held hy the Town Trustees with respect to said application on July 30, 1997, at which time all interested persons were given an oppozLunity to be hear~, and, WHF~REAS, the Board members have personally viewed and are familiar with the premises in question and the surroundiug area, and, WHEREAS, the Board h~ considered all. the testimony and documentation sutm%itted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT~~ RESOLVED, that the Board of Trustees approves the application of MURIEL A. SCHWARTZ to construct 100 1.f. of timber retaining wall with 2- 8' returns and backfill with 60 c.y. or. clean sand. ~xisting stairs and dock will be removed duri~ construction of retainin~ wall and then replac.~d. NOTE: Applicant wishes to Amend this project to use Stone rip-rap wall placed at the toe'of the bluff instead of timber retainin9 wall as per new revised plans dated and received July 1!, 1997. Located: 2425 Mill Creek Drive West, Southold. SCTM ~5t-6-40 BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also havean application pending for the same or similar project. Permit ko construct and complete pro~ect will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification.. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC Dept. of State Telephone (516) 765-1801 Town Hall. 53095 Main goad P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was passed by the Southold Town Conservation Advisory Council at its July 28, 1997 meeting: A-107 Moved by Bruce Loucka, seconded by Betty Well~. it was R£SOLVED to recommend to the Southo~d Town Board of Trustees APPROVAL of the Amendment to Permit request of AL and MURIEL SCHWARTZ 51-6-[[0 to install a stone rip-rap wall placed at the toe of the bluff. 2/425 Mill Creek Drive West, Southold Vote of Council: Ayes: All Motion Carried EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES TOWN 0F SOUTHOLD 516-283-6360 FAX NO. 5t 6-283-6136 July 11, 1997 Town of Southold Trustees Town Hall 53095 Main~Road Southold, NY 11971 RE: AL & MURIEL SCHWARTZ Dear Trustees: After exploring other alternatives to erosion control at the above referenced property, we have determined that a stone rip-rap wall placed at the toe of the bluff is the most economically feasible and guaranteed solution to the problem. I have enclosed revised plans indicating this proposal and respectfully request that you amend the proposal for the above referenced to include this change. Kindly place this matter on the upcoming agenda for consideration By copy of this letter we are requesting the same from all involved agencies. If you have any questions or wish to discuss further please do not hesitate to call. Respectfully yours, Dianne K. Le Verrier Environmental Consultant Enclosures DKL:dkl cc: DEC/Marilyn Peterson # 1-4738-0036/00002 DOS/Gary Haight # F-97-322 COE/Denies Butts # 97-05260-L5 Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was adopted at a meeting Of the Southold Town Conservation Advisory Council held Monday, May 19, 1997: No. 1~,~9 MURIEL A. SCHWARTZ 51-6-40 to construct 100 I.f. of timber retaining wall. construct two (2) 8' returns; backfill with 60 c.y. of clean sand to be trucked in from an upland source. Existing stairs and fixed dock will be removed to allow installations of bulkhead then replaced. Located 2425 Mill Creek Drive West, Southold Moved by Bruce Loucka, seconded by Betty Wells, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL because no need is shown; there are no bulkheads to the east or west. Vote of Council: Ayes: All Motion Carried 'x /5 / 111~' 7Z 25~ ~fgr~ol-K CO. )-IA~,%T720r-'l ¢1..A,~ 27 I" = 3000' 57oM6 0t, l ~ll...?~'P- Zo~T~O--b , bi,-[ ;16171 ./.__ Z. C.jI~zo LL. ,~ e tz .,qor2c_ Aibert J. Kmpski, Presideilt John Holzapfel, Vice President Jim K~ng Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 1197 Telephone (516) 765-1892 Fax (516) 765-1823 Office Use ~WCoastal Erosion Permit Application e~land Permit Application ~randfather Permit Application I/f 'Waiver/Amendment/Changes ~__R~eceived Application: ~-~ ~Received Fee:$ J~- ~Completed Application ~QV~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) . CAC Referral Sent: ~-~,-~.~ ~ · Date of Inspection: ~-31~q~ . Receipt of CAC Report: · Lead Agency Determination:__ Technical Review: ~ Public Hearing Held: 5~7 Resolution: N~ne of Applicant Muriei A. Schwartz Address 161-25 Jewe!l Avenue, Flushing, NY 11365 Phone Number:(516) 765-2454 Suffolk County Tax Map Number: 1000 - 51-6-40 ~roperty Location: 2425 Mill Creek Drive West~ Southotd (provide LILCO Pole %, distance to cross streetst and location) AGENT: Eh-Consultants, Inc. (If applicable) Address: 1329 North Sea Road Southampton, NY 11968 Phone: 283-6360 FAX~: 283-6136 Board of Trustees Appl ation GENERAL DATA Land Area (in square feet): 20,792 Area Zoning: Previous use of property: Single family residence Intended use of property: No change Prior permits/approvals for site improvements: Agency -Date NYS pFC{no jurisdiction) Southold ~1-4738-00336/00001 July, 1981 ~1493 issued July 2, 1981 No prior permits/approvals for site improvements. Has any permit/approval ever been revoke~ or suspended by a governmental agency? .... x NO.,~.,, . Yes If yes, provide explanation: Project Description (use attachments if necessary): See attached Board of Trustees Appl~'~tion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Erosion control Area of wetlands on lot: 2830± square feet Percent coverage of lot: 14 % Closest distance between nearest existing structure and upland edge of wetlands: 40± feet Closest distance between nearest proposed structure and upland edge of wetlands: 1± feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? How much material will be filled? 60 Depth of which material will be removed or deposited: 2±' feet Proposed slope throughout the area of operations: No change Manner in which material will be removed or deposited: Material will be deposited by truck 0 cubic yards cubic yards Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): No impact as work occurs landward of marsh fringe. Board of Trustees Appli~-',tion COASTAL EROSION APPLICATION DATA Purposes of proposed activity: N/A Are wetlands present within 75 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? (cubic yards) How much material will be filled? [cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the envirom~nental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) Adjacent Owners To west: Joseph Ulrich 42 Water Ford Dr. Englewood, FL 34223 To east: John H. Carroll c/o Maureen Moffat-Wolfe 3810 Denfeld Avenue Kensington, MD 22895 PROJECT DESCRIPTION Construct 100 1.f. of timber retaining wall. Construct two (2) 8' returns. Backfill with 60 c.y. clean sand to be trucked in from an upland source. Existing stairs and fixed dock will be removed to allow installation of bulkhead then replaced. AUT~ORI ZATION (where the applicant is not the owner) print owner of property) (mailing address Inc. do hereby authorize (Agent) to apply for permit(s) from the - ( Owner' ~ signal) on my behalf. Board of Trustees Application County of Suffolk State of New York Muriel A. Schwartz BEING DULY SWOP~N DEPOSES AND AFFIRMS THAT E/SHE IS THE APPLICANT FOR THE ABOVE DESCRIB~ PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/B-E~R KNOW-LEDGE AND BELIEF, AND THAT ALL WORK WiLL BE DONE IN T~E MANNEI{ SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICAi~r AGREES TO HOLD THE TOWN OF SOUTHOLD A/TD THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAiNS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLiCATIONr I ~Y AUTHORIZE THE.THUSTEES, THEIR AGE1TT(S) OR REPR~ENTAT!'VE$(S;, '~o ~ ONTQMY To ~s~zc~ THE P~m~Iszs I~ CONSm~CTION WITH REVt~ THIS APPLICATION. //~]~ /~?~[~qii' ~/ U ~V~ ~'" ~ignatdre '~ ( SWORN TO BEFORE ME THIS Notary Publi~ ~ 14-16.-4 (2/87)--Text 12 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) 1. APPLICANT/SPONSOR I 2. PROJECT NAME AL & MURIEL SCHWARTZ BY EN-CONSULTANTS, INC. 3. PROJECT LOCATION: Municipality S OUTI-IOLD County SUFFOLK SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, et~., or provide map) 2425 MILL CREEK DRIVE WEST, SOUTHOLD, NY 11971 SCTM~ 1000-51-6-40 B. IS PROPOSED ACTION: [] New [] Expansion [~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: SEE ATrACI4~ 7. AMOUNT OF LAND AFFECTED: Initially .48 acres Ultimately .48 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: [] Agriculture [] ParkJForest/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 [._J No If yes, llst agency(s) and permit/approvals COE, DOS, TOWN OF SOUTHOLD 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] No if yes, list agency name and permiUappm~al ~2. AS A RESULT OF PROPOSED ACTION WLL EX, STING PERM,T~APPROVA.,EaU,RE ~OD,F, CATIO,? DY- []No Applicant/sponsor name: Signature: CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE R(Tf/~' HAJF~ ~ESIDENT Date: 4/15197 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 111~' / Albert J. Krupski, President John Holzapfel, Vice President Jim King ~ Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUST~F~ TOWN OF SOUTHOLD Town Hail 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 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, aepose an say: That on the~~ day of ~L~,_ 1996, I~ p~rsonally po~ted th~ property known as ~Z~- by placing the Board of Trustees 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 the public hearing. (date of hearing noted thereon to be held Dated: Swor~ to before me this GAl STRATTON Notary Public, State of NewYork No. 477205§ Qualified in Suffolk County Commission F,y, pires July 31, ( S~ture ) PROOF OF MAILING OF NOTICE ATTACH CF~qTIFIED MAlL RECEIPTS Name: Address: John H. Carroll c/o Maureen Moffat-Wolfe 3810 Denfeld Avenue Kensington, MD 22895 Joseph Ulrich 42 Water Ford Drive Englewood, FL 34223 S~AT- OF NEW YORK COUNTY OF SUFFOLK Roy L. Haje , g~E%~%~x~Y~ doing business at: 1329 North Sea Rd., Southampton , being duly sworn, deposes and says that on the 23 day of April ,19 97 , deponent mailed a true copy of the Nor_ica set forth in ~he Board of Tr~stees Appiicamion, directed to each of the ~bove n~ed persons a~ ~he addresses se~ opDcsite ~here respective n~es; ~a~ ~e ad~esses se~ opDosit~ the n~es of said perso~ ~s the ad, ess of said persons as shown on Eke c~rsnt asses~ent roll of ~e Town of Southold; that said Notices were mailed aE ~e United States Post O~fice at Southampton , that said Nc~ices were mailed to each o~ said Dermo~ / / /~ / by ~k~ified) (registered) mail. Sworn to ~efore me this ~ ~ GA~S~A~ON No. ~772055 689 466 820 Receipt for schwartz Certified Mail m No Insurance Coverage Provided Do not use for International Mail (See Reverse) Joseph Ulrich S~tan~2 Water Ford Dr Enq'lewood FL 3422': ~ RemrnR~eiptShowing to ~om & Date Del~er~ Return ReceiDt Sho ' Date and Address~ess Posmark or Da~, ~ Z 689 466 821 Receipt for schwartz -~,. Certified Mail No Insurance Coverage Provided ~ .... Do not use for International Mail (See Reverse) Sent to - John H. Carroll Str et nd No. =~aureen Moffat-Wolf~ P.o., state ,~d dP cod. 3 810 Den fe ld A~ Kensincrton .MD 22895~ SENi3ER:~ ado ' 'e items I and/or 2 for addit[or~al sauces. aCo, ,e items 3, 4~ a~ 4b. schwa.r~Z ,m a pd~ your n~ a~ addm~ on the reveme of this ~ ~ that we can return this ~rd to you. a Aff~ this fo~ to ~ ~o~ ut ~ m~lpie~, or on ~ ba~ if spa~ dos· not =Write'Return R~ipt R~ues~' on ~ ~ilpie~ below the a~icle number. · The Return ~eipt ~[I s~w to whom ~e ad;de was deliver~ ~d the date ~lvered. I also wish to receive the following services (for an extra fee): 1. [] Addreasee's Address 2, [] Rastdcted Delivery Consult postmaster for fee. 3. A~cle ~dressed to: Joseph Ulrich 42 Water Ford Dr. Enqlewood, FI, 3~223 5. Received By: (Print Name) J 6, Signature;(Addresseeo~Agent/ ' 4a. Article Number 4b. Service Type [] Registered [] Certified [] Express Mail [] insured [] Return Receiptf~, [] COD 8. Addressee't.~ddres~Ong if''~' ~"" ~'e~ested" -- PS Form 3811, Decembe~ 1994 Domestic Return Receipt SENDER: · Complet'e items 1 and/or 2 for addiifonal services. S c!~;-~ar '{- ~ · complete items 3, 4a, and 4b. =Pd~ your name and address un the reverse of this form su that we can return this card to you. · Attacfl this form to the front of the rnailpiece, or on the back if space does not permit. · Write 'Return Receipt Requested' on the maJlplece below the article number. · The Return Receipt will show to whom the article was delivered and the date delivered.  3. Article Addressed to: - John .q. Carroll ~~ c/o ~,~aureen ..~Ioffat-Wolfe 38!~~ Denfeld Avenue Ken ington, MD 22895 ~  6. Signa~r~: (Ad. moo or~gept), ~ } /~ , r ~/ /~ ~ ' , , .. . - PS Fo~ 381~, D~c~mB~r 1994 ~ ~,/ I ~.~o wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a. Article Number . ~ ~. ) 4b. Se'~ice-Type - [] Registered I~rtified [] Express Mail [] Insured [~stum R ~e~eipt for M~mhandiss [] COD 8. Addr~s~ee's Address (Only if requasted and fee is paid) Domestic Return Receipt ~b~rt J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gan'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 (5t6) 765-1823 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly swor~, depose and say: That on the Z day of~g~,. !996, I. Per~onallypo~ted th$~ property known as ~/-~2~~- f'~'t~l C~~¢j't'- b by placing the Board of Trustees official poster where it easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing. (date of hearing noted thereon to be held Dated: Swor~to before me this ,~ay of /'~:,c/ · ~ ~,~ / 1996~ GAl STRATTON Notary Public, State of NewYork No, 4772055 ~/ Qualified in Suffolk County ')( Commission Expires July 31,199-.Y--~ ( si'g~iture ) S. SURVEY OF PROPERTY FOR AL & MURIEL SCHWARTZ A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 51- 06 - 40 Scale, 1" = 30' Apr. 3, 1997 LIC. NO. 496/8 AREA = 20, 792 sq. ft ( to tie lines ) ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7209 OF THE NEll YORK ETA TE EDUCA T/ON LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COf~ES BEAR THE IMPRESSED S~AL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALL Y, TO COMPLY WITH SAID LAW THE TERM 'AL TERED BY' MUST BE USED 8Y ANY AND ALL SURVEYORS UT/L/ZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'iNSPECTED" AND 'BROUGHT-TO-DATE" ARE NOT IN COMPLIANCE WITH THE LAW. PECONIC P.C. (516) 765 - 5020 P. O. BOX .909 1250 TRAVELER STREET SOUTHOLD, N.Y. II97/ 97- 127 ( ~