HomeMy WebLinkAboutTR-4836 Board Of Southold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO. ~6 DATE: ,..,l!r!~-9~.
ISSUED TO
Pursuant'
fhe Stale of New York, 1893; and Ch~pfer ~4 of fhe Laws of fhe
Sfafe of New York 1952; and fhe Soufhold Town Ordinance eh-
rifled "REGU~TING AND THE PLACIN~ OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and fhe
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance wifh fhe
Resoluflon of The Board adopfed afa meeting held on ..~.o.~..Z7 ....
19 .9~., and in conslderaflon of fha sum of $ ~59 paid by
of ...~....~.~!9.~ N.Y. and subiecf fo fhe
Terms and Condifions lis fed on fhe reverse side hereof,
of Soufhold Town Trusfees aufhorizes and Rermifs fhe fgllowin~:
~o~st~ct~o~ oE
~e~ s~e~s d~te~ 5/]~/9~. ~U~C~ ~O: ~s~t~ 50~ ~o~-t~E
all in accordance wifh fha derailed speclflcafions as pre~nfed in~Ete~
fhe orlginafing appliCaflom ]~sc~g ~s ~o~e. ~oc~tad
IN WITNESS WHEREOF,~e sa~a Boara oTTrusfeeshere-
by causes ~fs Corporafe Seal fo be affixed, and fhese presenfs fo
be subscribed by a maiorlfy of fhe said Board as of +his daf.e.
..............
......... T~stee~.~M-~.-~ ......................
Albert J. ICmpski, President Town Hall
John Holzapfel, Vice President 53095 Main Road
William G. Albertson P.O. Box 1179
Martin H. Garrell Southold, New York 11971
Peter Wenczel Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only
Waiver
~/Rec-~.lved Applicatiog: ?/q/~
~Clerzcal Review: ~/~ /4,/
~ompleted Applicatio~ ~/~/e~ Incomplete
SEQ~ Classification:
~e I ~ ~e. II Unlisted
~oordination. (d~gn%)
~CAC Referral Sent: ~/3/9q ~r?~'~q~]Qq //F
~Date of Inspection: ~//~Z
~eceipt of CAC Repor~:(~t~
~Lead Agency Dete~inatio~:
~Technical Review: (date)~/~
~P~lic Hearing: (dat~t/~3/~
Decision: Approved ~N) {d~te)
~pplication Fee: $/~O
ROBERT ALCUS
N~e of Applicant
32-79 FAYE LANE, WANTAGH, N.Y. 11793
Address
Phone N~er: [516 ) 826-4130
Suffolk County Tax Map N~er: 1000 92-01-2.1
Property Location: CEDAR POINT DRIVE EAST, SOUTHOLD, N.Y.
(provide LILCO Pole ~, distance to cross streets, locatic
Agent: TANYA LACHENMEYER/LAND USE COMPANY
( If applicable)
Address': /'~ 2576 SOUND AVENUE
BAITING HOLLOW, N.Y. 11933 7-2400
'Board of TruStees Applicz On
GENERAL DATA
Land Area (in sql~are feet): 1.331 acres
Area Zoning: RESIDENTIAL
Previous use of property: VACANT LAND
SINGLE FAMILY RESIDENCE
Intended use of property:
Prior permits/approvals for site improvements:
Agency Date
SOUTHOLD TOWN TRUSTEES 12/21/90 expired 5/93
N.Y.S2D.E.C. 3/6/9~ 4/30/96
SUFFOLK CNTY HEALTH DEPT. 5/7/93 expires 5/7/96
No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
x No Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
PLEASE SEE ATTACHED PROJECT DESCRIPTION
ALCUS - SOUTHOLD
Applicant proposes to construct a single family dwelling a minimum
of 75 , from the landward limits of tidal wetlands, install a
sanitary system greater than 100 , from the tidal wetlands boundary
and install a pervious driveway all in accordance with the attached
surveys dated 5/14/91 which were previously approved by the
Trustees under Permit No. 3884 . Furthermore, applicant will
conform to the conditions set forth within the permit previously
issued.
Board of Trustees Appli~ %ion
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations:
PROPOSED SINGLE FAMILY RESIDENCE
Area of wetlands on lot: 7,841_ + square feet
Percent coverage of lot: .03 %
Closest distance between nearest existing structure and uDland
edge of wetlands: none feet
Closest distance between nearest proposed structure and upland
edge of wetlands: 75 feet
Does the project involve excavation or filling?
X
No Yes
If yes, how much material will be excavated? n/a cubic yards
How much material will be filled? n/a cubic yards
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: n/a
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason os such proposed
operations (use attachments if app~oprist~):
No environmental impacts are anulczpauea as a resul~ of the
proposed activity. The applicant has met or exceeded setback
requirements in order to protect and preserve the tidal wetlands
and their associated benefits.
6
14-16-4 (2/87)--Text 12
PROJECT LD. ~NUMBER 617.21 SEQR
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 TANYA LACHENMEYER/T,AND 2. PROJECT NAME
USE CO. FOR ROBERT ALCUS PROPOSED SINGLE FAMILY RESIDENCE
3. PROJECT LOCATION:
Municlpality SOUTHOLD County SUFFOLK
4. PRECISE LOCATION (Street aoaress and road intersections., prominent landmarks, e[c.. or pro'vide map;
CEDAR POINT DRIVE EAST
SOUTHOLD, N.Y.
5. iS PROPOSED ACTION:
.~J New [] Exl~ans~on [] Modificahonlalteration
6. DESCRIBE PROJECT BRIEFLY:
PLEASE SEE ATTACHED PROJECT DESCRIPTION
7. AMOUNT OF LAND AFFECTED:
Initially 1 . ~ acres U~timately 1 . 3 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 [] Agriculture ~ Park/Forest/Open space [] Other
Describe:
10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCALI?
[] Yes [] No if yes, list agency(s) anti permit/approvals
( N.Y.S.D.E.C. - Approved/Permit # 1-4738-00190
S.C.D.H.S. - Approved/Permit # 906068
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] NO if yes, list agency name and ~3ermitlapproval
See #10
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
CERTIFY THAT THE iNFORMATiON PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE
ApphcanUsponsor name: Tanya Lachenmeyer/Land Use, Co. for
~(~k_...~__._~ ~ [ ,~._ ~Q__.._...~.~ /obert Alcus Date: 8/24/94
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 II--ENVIRONMENTAL ASSESSMENT (To'be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL FAF.
[] Yes [] NO
B. W~LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.57 If No, a negative declaration
may be superseded by another involved agenoy. ·
[] Yes [] No
C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or.community or ne ghborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C5. Growth, subsequent development, or related activities likely to be induced bythe proposed action? Explain briefly.
'i
C6. Long term, short term, cumuJat, ive, or other effects net identified in C1-C57 Explain briefly·
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly.
D. iS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] NO If Yes, explain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, [arge, important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irrevers!biJJty; (e) geographic scope; and (f) magnitude~ if necessary, add attachments or reference supporting materials. Ensure that
explanations 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 significan~ adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Name of Lead Agency
14-16-2 (2/87) -- 7c ~ ~
~ 617~2! SEQR
AppendiX A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent-
ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis, in addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full FAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifyir~ basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-
large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions
Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3
Upon review of.the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
[] A. The project will not result in any large and important impact(s) and, therefore, is one which will not
have a Significant impact on the environment, therefore a negative cledaration will be i~e~ared.
[] B. Although the project could have a significant effect on the environment, there will not he 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 is only va]id for Unlisted Actions
Name of Action
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer Clf different from responsible officer)
8/24/94
Date
1
PART 1--PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered
as part of the application for approval and may be subject to further verification and public review. Provide any additional
information you 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 involve
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION
PROPOSED SINGLE FAMILY DWELLING
LOCATION OF ACTION (~nc~ude Street Acldress, Municipality and County)
CEDAR POINT DRIVE EAST~ SOUTHOLD, SUFFOLK COUNTY
NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE
TANYA LACHENMEYER/LAND USE COMPANY 516) 727-2400
ADDRESS
2576 SOUND AVENUE
STATE ZIP CODE
CITYtpo BAITING HOLLOW N.Y. 11933
NAME OF OWNER (If cliff.eot) BUSINESS TELEPHONE
ROBERT ALCUS ~16 ) R26-~ ~
ADDRESS
32-79 FAYE LANE
I STATE ZIP CODE
CITY/PO
WANTAGH
IN.Yo 11793
DESCRIPTION OF ACTION
PLEASE SEE ATTACHED PROJECT DESCRIPTION
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: [0rban [Industrial E3Commercial EqResidentiat (suburban) [Rural (non-farm)
[Forest C]Agriculture I~Other
2. Total acreage of project area: 1 . 3 acres.
APPROXIMAT£ ACREAGE PEESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) 0 acres 0 acres
Forested .1 6 acres .1 4 acres
Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) ,1 8 acres .1 8 acres
Water Surface Area 0 acres 0 acres
Unvegetated (Rock, earth or fill) .96 acres .91 acres
Roads, buildings and other paved surfaces 0 acres .04 acres
Other (indicate type) ;Landscaping' 0 acres .03 acres
3. What is predominant soil type(s) on project site? RdB - Riverhead Sandy Loam
a. Soil drainage: :t~Well drained ~0 % of site [Moderately well drained % of site
J~Poorly drained 1 0 % of site
b. if any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS
Land Classification System? acres, {See I NYCRR 370).
4. Are there bedrock outcroppings on project site? []Yes :~No
a. What is depth to bedrock? 600+ (in feet)
2
5. Approximate percentage of proposed project site with slopes: [~0-10% 9 5 % F110.15% %
[~t5% or 8reat~ 5 %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places.~ [Yes ~]No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? C1Yes il]No
8. What is the depth of the water table? 0 ' -5 ' (in feet)
9, Is site located over a primary, principal, or sole source aquifer? OYes [~No
10. Do hunting, fishin§ or shell fishing opportunities presently exist in the project area? []Yes
11. Does project site contain any species of plant or animal life that is identified as threatened or endan§ered?
C]Yes ~No Accordin~ to
Identify each species
12 Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other p, eological formations)
~Yes :C]No Describe
13. Is the project site presently used by the communitv or neighborhood as an open space or recreation area?
~lYes [~'¢qo If yes, explain
14. Does the present site include scenic views known to be important to the community? F~Yes E~No
15. Streams within or contiguous to project area: PLEASANT INLET, CEDAR BEACH HARBOR &
a. Name of Stream and name of River to whicl~ it is tributary CEDAR BEACH INLET
16. Lakes. ponds, wetland areas within or contiguous to project area:
a Name n/a b. Size (In acres)
17. Is the site served by existing public utilities.~ EqYes r-lNo
a) If Yes, does sufficient capacity exist to allow connection? J[]Yes r~No
b) [f Yes, will improvements be necessary to allow connection? I-lYes :~No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA.
Section 303 and 304? r~Yes ~]No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 FflYes r~No
20. Has the site ever been used for the disposal of solid or hazardous wastes? E3Yes J~]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 1.3 acres·
b. Project acreage to be developed: .07 acres initially; .0 7 acres ultimately·
c. Project acreage to remain undeveloped 1 . 223 acres.
d. Length of project, in miles: z~/a (If appropriate)
e. If the project is an expansion, indicate percent of expansion proposed n/a %;
f, Number of off-street parking spaces existing 0 ; proposed 22
§. Maximum vehicular trips generated per hour :2 (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially 1
Ultimately 1
i. Dimensions (in feet) of largest proposed structure~ 30 ' height; 34 ' width; 61 ' length.,(house)
j. Linear feet of frontage along a public thoroughfare project will occupy is? 225. 220 ft.
3
2. How much natural material (i.e., rock, ear~,; etc.) will be removed from the site? 0 tons/cubic yards
3. Will disturbed areas be reclaimed? I~Yes [-[No ~c~N/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? [Yes I~No
c. Will upper subsoil be stockpiled for reclamation? I-lYes [No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .0 ? acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
E~Yes
6. If single phase project: Anticipated period of construction 6 months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase I month year, (including demolition).
c. Approximate completion date of final phase month year.
d. is phase 1 functionally dependent on subsequent phases? E3Yes I~No
8. Will blasting occur during construction? t-lYes []No
9. Number of jobs generated: during construction 1 0 ; after project is complete 0
10. Number of jobs eliminated by this project 0
11. Will project require relocation of any projects or facilities? E3Yes ~No If yes, explain
12. Is surface liquid waste disposal involved? J~Yes []No
a. [f yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? []~fes [No Type SANITARY EFFLUENT
14. Will surface area of an existing water body increase or decrease by proposal? I-lYes ~No
Explain
15. Is project or any portion of project located in a 100 year flood plain? ~Yes E3No
16. Will the project generate solid waste? ~]Yes E3No
a. If yes, what is the amount per month 0,1 tons
b. If yes, will an existing solid waste facility be used? r~Yes [No
SOOT~]OLD
c. If yes, give name $OUTHOLD TO~/N LANDFTT,T, ; location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes ~No
e. If Yes, explain
17. Will the project involve the disposal of solid waste? [Yes [~No
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? [Yes []No
19. Will project routinely produce odors (more than one hour per day)? [Yes ~No
20. Will project produce operating noise exceeding the local ambient noise levels? [Yes [No
21. Will project result in an increase in energy use? ~qYes [No
If yes , indicate type(s) ELECTHICTTYt ~.AT]E~G OIL
22. if water supply is from wells, indicate pumping capacity 1 0 gallons]minute.
23. Total anticipat.ed water usage per day 300 gallons/day.
24. Does project involve Local, State or Federal funding? EWes [~No
If Yes, explain
4
25. Approvals Required: Submittal
Type Date
TOWN TRUSTEES 8/24
City. Town. Village Board []Yes I'qNo
City, Town. Village Planning Board I~Yes k~No
City. Town Zoning Board ~]Yes []No
Citv. County Hea!th Department IXlYes ~No SANITARY & WELL APPROVED
Other Local Agencies [~Yes ~No TOWN BUILDING DEPT. PENDING
Other Regional Agencies r-]Yes I~No
State Agenaes [~Yes -] No N. Y. S. D. E. C. APPROVED
Federal Agencies []Yes []No
C. Zoning and Planning Information
I Does proposed actio~ involve a planning or zoning decision? E~Yes
If Yes. indicate decision required:
[]zoning amendment Fqzoning variance [special use permit [subdivision []site plan
[new~revision of master plan r~resource management plan (3other
2 What is the zoning ctassification(s)of the site? RESIDENTIAL
3 What is the maximum potential development of the site if developed as permitted by the present zoning?
ONE SINGLE FAMILY RESIDENCE
4. What is the proposed zoning of the site? RESIDENCIAL
5 What is the maximum potential development of the site if developed as permitted by the proposed zoning? ONE SINGLE FAMILY RESIDENCE
6. Is the proposed action consistent with the recommended uses in adooted local land use plans? ix~]Yes []No
7 What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action?
SINGLE FAMILY RESIDENCES/RESIDENTIAL ZONING
8 Is the proposed action compatible with adjoining/surrounding land uses within a ¥~ mile? r~Yes [No
9 If the proposed action is the subdivision of land, how many lots are proposed? n/a
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? IqYes k-lNo
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? [Yes :f]No
a. If yes. is existing capacity sufficient to handle projected demand? F'lYes []-]No
12 Will the proposed action result in the generation of traffic significantly above present levels? r-lyes F~No
a If yes, is the existing road network adequate to handle the additional traffic? [Yes (No
D. Informational Details
Attach any additional information as may be needed to clarify your project, f there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
A~ , ..... Tanya Lachenmeyer/Land Use Co. for r~,~ R/2~/q4
~ \/~ ~ l,~...-Xff'/'---~ ~ ~ / Robert Alcus
Signa ~_ '%- Title
If the actmn is in the Coastal A~ce~, and you are a state agency, c' ' ~ omplete the Coastal Assessment Form before proceed'rig
with this assessment.
5
Part 2--PROJEC~I iMPACTS AND THEIR MAGNITb~E
Responsibility of Lead Agency
Genera~ Information (Read Carefully)
· In completing the form the reviewer should be guided by the question: Have my responses and determinations bee~r
reasonable? The reviewer is not expected to be an expert environmental analyst.
· identifying that an impact witl be potentially large (column 2) does not mean that it is also necessarily significant.
Any Large impact must be evaluated in PART 3 to determine significance. Identifying an impact in =oiumn 2 simply
asks that it.be looked at further.
· The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate
for a Potential Large Impact response, thus requiring evaluation in Part 3.
e The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
· The number of examples per question does not indicate the 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 1 or 2) to indicate the potential size of the
impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold
is lower than example, check column 1.
d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART ~
e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.
1 2 8
Small to Potential Can Impact Be
Moderate Large Mitigated By
IMPACT ON LAND Impact Impact Project Change
1. Will the proposed action result in a physical change to the project site?
E3NO (3YES
Examples that would apply to column 2
· Any construction on slopes of 15% or greater, (15 foot rise per 100 [] [] L?Yes []No
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 [] [] []Yes []No
3 feet.
· Construction of paved parking area for 1,000 or more vehicles. [] [] []Yes [~]No
o Construction on land where bedrock is exposed or generally within [] [] []Yes []No
3 feet of existing ground surface.
· Construction that will continue for more than 1 year or involve more [] [] []Yes []No
than one phase or stage.
· Excavation for mining purposes that would remove more than 1,000 [] [] I~Yes []No
tons of natural material (i.e., rock or soil) per year.
· Construction or expansion of a sanitary ]andfill. [] [] []Yes []No
· Construction in a designated floodway. [] [] []Yes I~No
· Other impacts [] [] E~Yes []No
2. Will there be an effect to any unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc.)E3NO E/YES
· Specific land forms: [] [] []Yes
6
Board of Trustees Applz¢ ~.zon
AUTHORIZATION
(where the applicant is not the owner)
I, ~-~ $~~,~ ~ou~ residing at $m7
(print owner of property) (mailing address)
~~ ~-~ do hereby authorize ~~
(Agent)
~{~ ~, ~ ~ to apply for permit(s) from the
Southold Board of Town Trustees on my behalf.
Owner's signature)
· I Board of Trustees Appli~ ~ion
County of Suffolk
State of New York
TANYA LACHENMEYER/LAND USEi COMPANY
BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL
WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND T~E TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS
ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN
COMPLETING THIS APPLICATION, I PIFZRF. By AUTHORIZE THE TRUSTEES,
THEIR AGENT (S) OR HEPRESEZqTATIVES ( S), TO ENTER ONTO MY PROPERTY
TO INSPECT THE P~SES IN COM~CTION WITH REVI~.W O~ THIS
Sign~re *
24 th AUGUST
SWORN TO BEFORE ME THIS DAY OF ,1994
Notary Pu.~lic
1 2 3
Small to Potential Can Impact Be
IMPACT ON WATER Moderate Large Mitigated By
3 Will proposed action affect any water body designated as protected? Impact Impact Project Change
(~5nder Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
E]NO FIYES
Examples that would apply to column 2
· DevelooabJe area of site contains a protected water body. [] [] r-)Yes J-]No
· Dredging more than 100 cubic yards of material from channel of a [] [] []Yes I-lNo
protected stream.
· Extension of utility distribution facilities through a protected water body. [] [] []Yes []No
· Construction in a designated freshwater or tidal wetland. [] [] []Yes []No
· Other impacts: [] [] []Yes []No
4. Will proposed action affect any non-protected existing or new body
of wateff ~INO I~YES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of any body of water [] [] []Yes []No
or more than a 10 acre increase or decrease.
· Construction of a body of water that exceeds 10 acres of surface area. [] [] []Yes []No
· Other impacts: [] [] []Yes []No
5 Will Proposed Action affect surface or groundwater
quality or quantity? [~NO rqYES
Examples that would apply to column 2
· Proposed Action will require a discharge permit. [] [] []Yes []No
· Proposed Action requires use of a source of water that does not [] [] []Yes F-)No
have approval to serve proposed (project) action.
· Proposed Action requires water supply from wells with greater than 45 [] [] []Yes []No
ga[ions per minute pumping capacity.
· Construction or operation causing any contamination of a water [] [] []Yes []No
supply system
· Proposed Action will adversely affect groundwater. [] [] []Yes []No
· Liquid effluent will be conveyed off the site to facilities which presently [] [] []Yes [] No
do not exist or have inadequate capacity.
· Proposed Action would use water in excess of 20,000 gallons per [] [] []Yes []No
day.
· Proposed Action will likely cause siltation or other discharge into an [] [] []Yes []No
existing body of water to the extent that there will be an obvious visual
contrast to natural conditions.
· Proposed Action will require the storage of petroleum or chemical [] [] []Yes []No
products greater than 1,100 gallons.
· Proposed Action will allow residential uses in areas without water [] [] []Yes [~]No
and/or sewer services.
· Proposed Action locates commercial and/or industrial uses which may [] [] r-lyes []No
require new or expansion of existing waste treatment and/or storage
facilities.
· Other impacts: [] [] []Yes []No
6. Wilt proposed action alter drainage flow or patterns, or surface
water runofff E]NO [~YES
Examples that would apply to column 2
· Proposed Action would change flood water flows. [] [] []Yes []No
?
1 2 3
Small to Potential Can impact Be
Moderate Large Mitigated By
Impact Impact Project Change
Proposed Action may cause substantial erosion. [] [] []Yes [:]No
Proposed Action is incompatible with existing drainage patterns. [] ~-[ [::]Yes [~No
Proposed Action will allow development in a designated floodway. [] [] []Yes []No
Other impacts: [] [] []Yes []No
IMPACT ON AIR
Will proposed action affect air quality? ~3NO [YES
Examples that would apply to column 2
Proposed Action will induce 1,000 or more vehicle trips in any given [] [] []Yes []No
hour.
Proposed Action will result in the incineration of more than 1 ton of [] [] [::]Yes []No
refuse per hour.
Emission rate of total contaminants will exceed 5 lbs. per hour or a [] [] [::]Yes []No
heat source producing more than 10 million BTU's per hour.
Proposed action will allow an increase in the amount of land committed [] [] [~]Yes []No
to industrial use.
Proposed action will allow an increase in the density of industrial [] [] ~]Yes []No
development within existing industrial areas.
Other impacts: [] [] []Yes []No
IMPACT ON' PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
species? []NO I-IYES
Examples that would apply to column 2
· Reduction of one or more species listed on the New York or Federal [] [] []Yes []No
list, using the site, over or near site or found on the site.
· Removal of any portion of a critical or significant wildlife habitat. [] [] I-lYes []No
· Application of pesticide or herbicide more than twice a year, other [] [] []Yes []No
than for agricultural purposes.
· Other impacts' [] [] []Yes []No
9. Will Proposed Action substantially affect non-threatened or
non-endangered species? []NO []YES
Examples that would apply to column 2
, Proposed Action would substantially interfere with any resident or [] [] []Yes []No
migratory fish, shellfish or wildlife species.
* Proposed Action requires the removal of more than 10 acres [] [] []Yes []No
of mature forest (over 100 years of age) or other locally important
vegetation.
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will the Proposed Action affect agricultural land resources?
~3NO [~YES
Examples that would apply to column 2
· The proposed action would sever, cross or limit access to agricultural [] [] []Yes []No
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.)
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
· Constructio~ activity would excavate or compact the soil profile of [] [] [-]Yes []No
agricultural land.
· The proposed action would irreversibly convert more than 10 acres [] [] []Yes []No
of agricultural land or, if located in an Agricultutal District, more
than 2.5 acres of agricultural land.
· The proposed action would disrupt or prevent installation of agricultural [] [] []Yes []No
and 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 ~oorl¥ due to increased runoff)
· Other ~mpacts: [] [] I-lYes []No
IMPACT ON AESTHETIC RESOURCES
11 Will proposed action affect aesthetic resources.~ []NO E3YES
Jif necessary, use the Visual FAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2
· Proposed land uses, or project components obviously different from [] [] []Yes []No
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
· Proposed land uses. or project components visible to users of [] [] []Yes I-]No
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
· Project components that will result in the elimination or significant [] [] []Yes []No
screening of scenic views known to be important to the area.
· Other impacts: [] [] []Yes []No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance.~ r'lNO CiYES
Examples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially [] [] [-]Yes []No
conuguous 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 [] [] []Yes []No
proiect site.
· Proposed Action will occur in an area designated as sensitive for [] [] []Yes [-]No
archaeological sites on the NYS Site Inventory.
· Other impacts: [] [] []Yes []No
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities.~
Examples that would apply to column 2 ~INO E3YES
· The permanent foreclosure of a future recreational opportunity. [] [] []Yes []No
· A major reduction of an open space important to the community. [] [] []Yes ~]No
· Other impacts: [] [] []Yes []No
9
1 '2 3
iMPACT ON TRANSPORTATION Small to Potential Can Impact Be
14. Wilt there be an effect to existing transportation systems? Moderate Large Mitigated By
[]NO r~YES Impact Impact Project Change
Examples that would apply to column 2
· Alteration of present patterns of movement of people and/or goods. [] [] []Yes []No
· Proposed Action will result in major traffic problems. [] [] r~Yes f'qNo
. Other impa~ts: [] [] []Yes E~No
IMPACT ON ENERGY
15. Will proposed action affect the community's sources of fuel or
energy supply? E]NO I-lYES
Examples that would apply to column 2
· Proposed Action wilt cause a greater than 5% increase in the use of [] [] []Yes E~]No
any form of energy in the municipality.
· Proposed Action will require the creation or extension of an energy [] [] []Yes E~No
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: [] [] E~Yes []No
NOISE AND ODOR IMPACTS
16. Will there be objectionable odors, noise, or vibration as a result
of the Proposed Action? rqNO EEYES
E~amples that would apply to column 2
· Blasting within 1,500 feet of a hospital, school or other sensitive [] [] r~Yes []No
facility.
· Odors will occur routinely (more than one hour per day). [] [] []Yes []No
· Proposed Action will produce operating noise exceeding the local [] [] []Yes I-]No
ambient noise levels for noise outside of structures.
· Proposed Action will remove natural barriers that would act as a [] [] []Yes []No
noise screen.
· Other impacts: [] [] []Yes []No
IMPACT ON PUBLIC HEALTH
17. Will Proposed Action affect public health and safety?
FqNO I-lYES
Examples that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous [] [] []Yes [] No
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic iow level
discharge or emission.
· Proposed Action may result in the burial of "hazardous wastes" in any [] [] []Yes []No
form (i.e. toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.)
· Storage facilities for one million or more gallons of liquified natural [] [] E~]Yes []No
gas or other flammable liquids.
· Proposed action may result in the excavation or other disturbance [] [] []Yes []N0
within 2,000 feet of a site used for the disposal of solid or hazardous
waste.
· Other impacts: [] [] []Yes []No
1 2 3
IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be
OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By
1 g. Will proposed action affect the character of the existing community? Impact Impact Project Change
E~NO E3YES
Examples that would apply to column 2
* The permanent population of the city, town or village in which the [] [] []Yes r-INo
project is located is likely to grow by more than 5%.
· The municipal budget for capital expenditures or operating services [] [] []Yes []No
will increase by more than 5% per year as a result of this ~project.
' Proposed action will conflict with officially adopted plans or goals. [] [] []Yes 1-1No
· Proposed action will cause a change in the density of land use. [] [] []Yes []No
. Proposed Action will replace or eliminate existing facilities, structures [] [] []Yes []No
or areas of historic importance to the community,
· Development will create a demand for additional community services [] [] I~Yes []No
(e.g. schools, police and fire, etc.)
· Proposed Action will set an important precedent for future projects. [] [] []Yes []No
· Proposed Action will create or eliminate employment. [] [] fi]Yes []No
· Other impacts: [] [] []Yes []No
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 Potentia~ Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the fo]lowing for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2, Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change[s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or will be controlled
· The regional consequence of the impact
· Its potential divergence from local needs and goals
· Whether known objections to the project re]ate to this impact.
(Continue on attachments)
11
"-'."', . · . ~..i..h,.",m-gc ~ 617.21 '" ~ SEQR
· . '. Appendix B~ /
State Environmental Quality ReView "'
(-.. V sual' EAF Addendum "'
I '
j This form may be used to provide additional information relating to Question 1 l'of Part 2 of
the Full EAF.
CI:o be completed by Lead Agency)
Distance Between
Visibility Project and Resource (in Miles)
I I. Would the project be visible from: 0.t~ V4-1/2 1/2-3 3-5 5+
· A parcel Of land which is dedi~:ated to and available [~ [] [] [] []
to the public for the use, enjoyment and appreciation
of natural 'or man-made scenic qualities?
· An overlook or parcel of land dedicated to public r"l [] FlI [] []
observation, 'enjoyment and appreciation of'natural
or man-made scenic qualities? ·
· A site or structure ffsted on the Nationa{ or State' [] [] '[] []
Registers of Historic Places?
· State Parks? . [] '.E~ [] ' [-I []
· The State Forest Preserve? [] [] ~ ' [] []
· National Wildlife Refuges and stare'game refuges? ' [~ [] [] [] []
· National Natural Landmarks' and: other outstanding [] [] [] [] []
natural features?
' National Park Service lands? [] [] [] []
· Rivers designated as National ~i' State Wild, Scenic [] [] [] [] []
or Recreational?
· Any tra.nsportation ~:orridor of high exposure, such [] [] [] [] []
as part of the Interstate System, or Amtrak?
· A governmentally established or designated interstate t~ [] [] [] []
or inter-county foot trail, or one formally proposed for
establishment or designation? .'
' A site, area, lake, reservoir or highway designated as [] [] [] []
scenic?
· Municipal park, or designated open space? [] [] [] a []
· County road? '. [] [] [] [] []
· State? [] [] [] [] []
· Local road? [] [] [] []
2. Is the visibility of the project seasonal? (i.e., screen'ed by summer foliage, but visible during other
~season~;)
[]Yes []No
' L 3. Are any of the resources checked in question I used by tile public during the time of year
- during which the project will be visible?
[]Yes r'lNo
1
· DESCRIPTIO~ F EXISTING VISf. IA, L E.N¥1RONI"IEI"i
4. From each ii, em checked in question 1, 'check those which gen~lly describe the surrounding
enviroriment.
Within
E~ntially undeveloped
Forested
Suburban residential
Industrial
Commercial.
~rban
River, Lake, Pond
Cliffs, Overlooks
Designated Open Space
~ountainous
HOTE: add attachments as needed
~. Are there visually similar projects within: ' *V~ mile ~Yes .
'2 miles ~Yes ~No
'3 miles · ~es
* Distance from project si[e aFc.provided for assistance. Substitute other distances as appropriate.
EXPOSflRE
6. The annual number bf viewers likely to observe the proposed project
NOT~ When user data is unavailable or unknown, use best estimate.
CONTEXT . .
7. The situation or activity in which the viewers are engaged while viewing the proposed action is
FREO. LIENCY
Holidays/
Activity Daily Weekly Weekends Seasonally
Travel to and from work 1'-[' · [] [] []
Involved'in recreational activities [] [] , [] []
Routine travel by residents [] [] [] []
At a residence [] [] [] []
Other '[--] [] [] []
2
Albert J. Krupski, President Town Hedl
James King, Vice-President 53095 Main Read
Henry Smith P.O. Box 1179
Artie Fester Southold, New York 11971
Ken Poliwoda Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
July 27, 1998
Joe Spitaliere
P.O. Box 552
Southold, NY 11971
RE: Robert & Pat Alcus
SCTM % 92-1-2.1
Dear Mr. Spitaliere:
Pleased be advised that the letter from the Board of Trustees
of April 30, 1997 approving the pool, decks hot tub and garage
is still valid and work may continue.
If you have any questions, please feel free to contact our
office.
Sincerely,
Albert J. K~upskl, Jr.
President, Board of Trustees
AJK:jmd
cc: Bldg. Dept.
THE HARMON FIRM
730 FIFIIt AVENUE
NEA~ YORK, N]~W YORK 10019
JAMES D. IJuMRMON, JIL Telephone. (212) 333-8690
Attorney At Law . Fax: ~ (212) 3974872
Internet: HARFIRM@aoLcom
May 1, 1997
Albert J. Kmpski, Jr.
President ! ~. ~t~
Board of Town Trustees
Town of Southhold
Town Hall
53095 Main Road
P.O. Box 1179
Southhold, NY 11971
Re: Wetlands Permit No. 4386
Robert Alcus
SCTM #92-1-2.1
Dear Mr. I4hxxpski:
The purpose of this letter is to fully inform the Trustees as to the tree nature of the
property described above.
I understand that construction on that property was halted because of a possible violation
of a wetlands permit which the Trustees issued. It appears that the initial permit and the survey
upon which k was based did p. ot authorize Se cop~t~acfion of a pool, deck or garage .%nd t~at
some issue exists with respect to the location' and/or amount of fill.
In judging whether to grant this amendment, or whether the permitting process in full
must be utilized, please consider the following:
1. The entire property is wetlands. Several times a year it is covered by tidal waters
and cattails grow on the property. I twice have observed the Alcus property covered with tidal
water. On other occasions, I have seen tidal residue indicating that the property was covered
with tidal water. Prior to construction I advised Mr. Alcus and his builder, Joseph Spitalieri,
of this. Presumably, that is why pilings are used in the construction;
2. To my knowledge, this intermittent tidal water action was never disclosed to the
Thee HARMON FIRM
Trustees by either the owner or builder;
$. The house actually being built occupies a different "footprint" and slightly
differem location and orientation than that which the trustees authorized;
4. The septic field is located in a different location than originally permitted. That
is significant because the area in which it has been placed is intermittently covered with tidal
waters thereby saturating the ground, possibly interfering with the functioning of the septic field
and risking contamination of the wetlands. This tidal water cover occttrs when tidal waters rise
to cover the access road to the property, thereby effectively surrounding the house with tidal
water. Mr. Spitalieri has told me that he has seen this happen three or four times to the point
that he has asked me to join him in filling this low point and raising the level of the road to
prevent this tidal action;
5. The septic field is of an unusual design extending down through about 20 feet of
various types of soil. The effect of this design on wetlands and fresh water in the area is
unknown;
6. Approximately 20 to $0 trees were cut down in the area in which a tree line was
denoted on the original survey.
In relevant part, the Town of Southhold Code defines wetlands as follows:
(1) All lands.., intermittently covered with.., tidal waters...
including but not limited to... fiats or other low lying lands subject
to tidal action;
(2) All... fiats.., subject to such tides and upon which grows or
may grow some or all of the following: salt hay, black grass,
saltworts, sea lavender, tall cordgrass, high bush, cattails,
groundsel, marshmallow and low march cord grass ....
As a result, the existing permit allows construction on a piece of property which is
entirelY wetlands, as well as a s~gni~ficant h~hi~t If r am ~ ~ t -
........... e~,c~ that the ent,~e properey-
constitutes wetlands, than the Southhold town code does not permit construction upon them.
As you know, the law regulates use of the Alcus property in the public interest. The
Alcus property was purchased subject to that regulation. Other property owners, including
Jeanne Harmon, have every right to expect that these land use regulations would be enforced.
Should this project be permitted to continue, there is little doubt that it would effect the value
of Jeanne Harmon's property.
Whether an adjoining property owner may be damaged is not truly an issue now in
deciding whether to permit construction on wetlands. The Trustees do have an interest in the
2
precedent which this permit could establish. For this permit to stand, means that the Trustees
have, and must in the future, grant permits for construction in wetlands which are also a
significant habitat. The builder knows this. All of his subcontractors know this. The building
under construction so dominates the area that it can be seen from Shelter Island and Peconic
Bay. Everyone in the Cedar Creek area knows it. Therefore, continuing this permit opens the
door wide open to the development of both wetlands and significant habitats located in the Town
of Southhold.
Should the Trustees allow this permit to stand, then at a minimum, vegetation in the
significant habitat should be restored to its original state except for the driveway.
I trust that this analysis proves useful. I respectfully request that the Trustees advise me
as to their decision with respect to the amendment of the permit. Thank you for your
consideration of my analysis.
Very truly yours,
3
~ Town Hail. 5309,5 Main Road
Telephone P.O. Box 1179
(516) 765-180t Southold, New York 11971
SOUTI~OLD TOV~.,i
CONSERVATION ADVISORY COUNCIL
The following recommendation was adopted at the April 28, 1997 meeting of the '
Southold Town Conservation Advisory Council:
A-96
Moved by Bruce Loucka, seconded by Robert Keith, it was
RESOLVED to recommend to the Southotd Town Board of Trustees
DISAPPROVAL of the Amendment to Permit request of PATRICIA ALCUS
92--1-2.1 to amend permit to reflect the survey dated [~/8/96 showing pool,
deck and garage.
Cedar Point Drive East, $outhold
The CAC recommends disapproval because this project has major changes from
the o~iginal permit and as a result, should be required to go through 'the
wetland app/icatibn process. Also applicant should be fined for work completed.
Vote of Council: Ayes: All
Motion Carried
Albert J. Kmpski, President Town Hail
John Holzapfel, Vice President 53095 Main Road
, Jim King ~,~ P.O. Box 1179
Martin H. Garrell ~.~ Southold, New York 11971
Peter Wenczel ~ Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 30, 1997
Joe Spitaiiere
P.O. Box 552
Southold, h-~ 11971
RE: Robert & Pat Alcus
SCTM~ 92-1-2.1
Dear Mr. Spitaliere:
The following action was taken by the Soutltold To~rn
Trustees on Wednesday, April 30,1997, at their regular meeting.
RESOLVED that the Southold Town Trustees grants an
amendment to reflect the su~vezz dated April 8, 1996, 12' X 36'
pool, 17~ K 57' deck, and a 17' X 25' deck, hot tut~, a_nd garage.
Also sut~ject to mainta~ 50' non-tu~f haflex, no con~re~ltioru%l
turf lawns, haybales be left in place after tandscapin~ is done;
as stated an original permit.
This approval does not constitute approvals from any other
agency.
If you have any questions, please feel free to contact our
office at 765-1892.
At~rt J. Krupski, Jr.
Presidont, Board of Trustees
AJK/jmd
NOTICE
P°lice Dept° - Bay C°nstable ~ ~ ~ ~ 0 ~ ~ '~
Peconic, New York 11958 APR
NOTICE OF VIOLATION ·
Date .......
...... , 19-zL--
To: ....... 6 5 -6 -KS[HS i 5-K 555-j -jQ55 y .......................
Address:---~r~i" ............... z_~ .........
(A~aress of owner or authorized agent of owner) .... ....
Please take notice there exists a violation of the Code of the
Town of Southold~ Chapter 97 Article---12 ....... Section .... ~2~ .....
at premises hereinafter described in that ..................... ~2__~__~ ~
You are therefore direcsed and ordered to co~ply with the
following:--C---i ................ ~ ....... 2 ......... z .... 2 ..............
on or before ........... day of ................ , 19 .......
The premises to which this Notice of Violation refers are situated at:
--"----''--'-'---,-----"'--'-' ..................... Z~own of Southold,
Suffolk County, Ni~. (Suff~ County Tax Map Designation: Dist.
Section: ....... -~---Block: ........ Lot: ....... k
Failure to comply with the applicable provzsions of the law may
constitute an offense punishable by fine or lmprison[nent or both.
NOTICE: You have the right to apply for a hearing before the Board
of Trustees of the Town of Southold, provided that ~ou file a written
request with the Clerk of the Trustees within 10 days after servzce~-of
the Notice o~ Violation. Such request shall have annexed thereto a
copy of the Notice of Violation upon which a Hearing is requested a~d
shall set forth the reasons why such notice of violation should be
modified or rescinded,.
Bay Constable, Town of Southotd~ NY
Albert J. Krupski. President Town Hall
John Holzapfel, Vice President 53095 Main Road
William G. Albertson P.O. Box 1179
Martin H. Garrell Southold. New York ! 1971
Peter Wenczel Telephone (516) 765-1892
Fax (5163 765 - 1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November 15; 1995
Joseph Spitaliere
P.O. Box 552
Southold, NY 11952
RE: Robert Alcus
SCTM #1000-92-1-2.1
Dear Mr. Spitaliere:
The Southold Town Board of Trustees approves the Amendment to to
permit ~4386 to add 1200 c.y. of fill as per DEC permit to
construct single family dwelling.
If you have any questions, please do not hesitate to contact
this office.
Very truly yours,
9.
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:jmd
cc: SCDHS
Town Hall. 53095 Main Road
P.O. Box 1179
Telephone Southold. New York 11971
(5t6~ 765-180i
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
At a meeting of the Southold Town Conservation Advisory Council held
Thursday, October 19, 1995 the following recommendation was made:
A-26
Moved by John Hagerty, seconded by Robert Keith. it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
WITH STIPULATIONS of the Amendment to permit request of ROBERT AND
PATRICIA ALCUS 92-1-21 to add 1200 c.¥. of fill as per DEC approved survey.
The CAC recommends approval with the stipulation that the fill be
stabilized with native grasses if fill is loamy, beach grass if sill is sandy.
Beach grass to be on 12" centers.
Cedar Beach, Southold
Vote of Council: Ayes: John Hagerty, Robert Kelth, Stephen Angell, Allan
Connell, Scott Hilary
Abstain: Bruce Loucka
Motion carried.
October 18, 1995
RE: SCTS~ 992-1-2.1
The Southold Town Board of Trustees were scheduled to inspect
the Robert Alcus property in regards to an Amendment to Permit
94386 to include an allowance of 1~200 c.y. of fill as per DEC
approved survey, but the property was not staked so the
inspection was postponed until the builder lets~us know when the
property will be staked.
516-783-8238 Fax 516-221-1215
BAYHAWK Associates, Inc.
3279 Faye Lane
~ i Wantagh, N.Y. 11793
o~:. /,&/~9
THE HARMON From
730 FIF'II--I AVENL1E
NEW YORK, NEW'YORK 10019
JAMI!:S D. HARMON, JR. Telephone: (212) 333-8690
AttorneyAt l-l-l-l-l-l-l-l-l-lmw Fax: (212) 3974872
Intemet: HARFIRM@aoLcom
June 8, 1995
Albert J. Krupski, Jr.
President
Board of Town Trustees
Town of SouChhold
Town Hall
53095 Main Road
P.O. Box 1179
South_hold, NY 11971
Re: Wetlands Permit No. 4386
Robert Alcus
SCTM #92~1-2.1
Dear Mr. Kmpski:
This responds to your letter to Tanya Lachenmeyer of the Land Use Company dated May
18, 1995. I have enclosed for your reference a copy of the site plan dated February 13, 1991
which apparently had been submitted by the Land Use Company to the DEC. You will see that
a notation with respect to fill appears on this site plan as follows:
Quantity of fill required = 1,200 c. yds.
This indication of fill on the property is deleted from the survey plan dated May 14, 1991
submitted to the Board of Town Trustees in connection with the wetlands permit application to
the Town of Southhold,
I must respectfully point Out that the issue of fill is within the jurisdiction of the Board
of Town Trustees. Code of the Town of Southhold §97-21(C,D,E,F,G and lcD.
The applicant for this permit did not seek the Trustees' approval for the mount, method
and impact of placing fill on thia property which is a significant habitat by law and, in my
opinion, entirely wetlands. At least, the Trustees have recognized that a portion of the property
constitutes, or is adjacent m, wetlands. Accordingly, I understand that the Trustees' approval
of the wetlands permit could not include any approval for placing fill on the property, bemuse
no such approval was requested.
Please provide me with a copy of Ms. Lachenmeyer's response to your letter of May t8,
1995. Thank you for continuing to keep me advised of developments with respect to this permit.
Very truly yours,
~~J~es D. Harmon, Jr. /
cc: Tanya Lachenmeyer
Land Use Company
2576 Sound Avenue
Baiting Hollow, NY 11933
CEDAR BEACH HARBOR
= 1200 c.yds.
'~ DRIVE EAST c~r,~,~o ro~
~ SOUTHOLD
~~ ROBERT ALCUS.
G¢OFu
~.~ o~,~ o~ r.~ ~o~o~ ~oo~r~ SURVEY OF
PROPER
/ AREA 5 1.331acres tro r,~ U~E) ' ' "~"~: ' i' A T ~A YVIEW
' ~ ~ 5 ~ '~'; TOWN OF SOUTHOLD
~[~'~ rev~etated with ~ach Grass SC~O'
~ July 6, 1990
for title ,urvey, ., e,t~li,hed to the et~d~d, of The ,Suffolk Co~ty /
L.ZA.LS. and ~proved ~d adopted Oep~tment of He~th Serv~e~
730 FiFtH AVENUE
NEW YORK, NEW YORK 10019
JA/vlES D. HARMON, JR- Telephone: (212) 333-8690
Attorney At Law Fax: (212)397-4872
Inteme~ HARFIRM@aoLcom
Mr. Charles Bowman ! ,~
Land Use Company
2567 Sound Avenue -. L-~_~
Baiting Hollow, NY 11933 [[(} ~d~ ~ ~;'~i¥~ ~
Re: Robert Alcus
SCTM No. #92-1-2.1
Dear Mr. Bowman:
This letter follows on the letter dated June 16, 1995 from Albert J. Krupski, Jr.,
President, Board of Trustees, Town of Southold, to Robert Alcus.
It is my view that any fill removed or placed upon the above-referenced property will
have a significant environmental impact upon that property which is, by law, part of the Cedar
Beach Point significant coastal fish and wildlife habitat. Neither the Southold Town Trustees
nor the Conservation Advisory Council has considered the impact of fill, because the issue of
fill was never presented to them. .~
It is importam that this be done, because the questioned property is a significant habitat,
half of which are also federal wetlands as described on the National Wetlands Inventory Map.
For these reasons, I believe that the issue of fill on the property requires a proper
application with full disclosure, followed by a review by the Conservation Advisory Council,
a notice and a public hearing before the Board of Town Trustees, all as required by law.
I trust that this view proves helpful in resolving the confusion which may have arisen
over your failure to seek the Tmstee's approval for fill either to be removed from or placed on
this property.
Very truly yours,
James D. Harmon, Jr.
ce: Albert Krupski, Jr.
Albert J. Krupski, President ~" Town Hall
John Holzapfel, Vice President 53095 Main Road
William G. Albertson ~l P.O. Box 1179
~ Southold, New York 11971
Martin H. Garrell
Peter Wenczel ~. 'qO~ Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 16, 1995
Robert Alcus
32-79 Faye Lane
Wantagh, NY 11793
Dear Mr. Alcus:
It has been brought to our attention that there is a discrepancy
between the permit issued by our Board, ~4386, and the permit
issued by the NYSDEC.
The difference is the fill portion of the application present on
the DEC permit.
Please be aware that any non-permitted activity, including the
bringing in of fill will be treated as a violation of the Town
Code.
This letter is not as threat, but hopefully it will avoid
possible confusion in the future.
S~ncerel~,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:jmd
cc: Land Use Co.
James Harmon, Jr.
THE HARMON FroM
730 mlqH AVENUE
NEW YORK, NEX~ YORK 10019
JAMES D. HARMON, JR. Telephone: (212) 333-8690
Intemet: HARFIRM@aoLcom
June 8, 1995
Albert J. Kmpski, Ir.
President
Board of Town Trustees
Town of Southhold
Town Hall
53095 Main Road
P.O. Box 1179
Southhold, NY 11971
Re: Wetlands Permit No. 4386
Robert Alcus
SCTM #92-1-2.1
Dear Mr. Krupski:
This responds to your letter to Tanya Lachenmeyer of the Land Use Company dated May
18, 1995 I have enclosed for your reference a copy of the site plan dated February 13, 1991
which apparently had been submitted by the Land Use Company to the DEC. You will see that
a notation with respect to fill appears on this site plan as follows:
Quantity of fill required = 1,200 c. yds.
This indication of fill on the property is deleted from the survey plan dated May 14, 1991
submitted to the Board of Town Trustees in connection with the wetlands permit application to
the Town of Southhold.
I must respectfully point out that the issue of fill is within the jurisdiction of the Board
of Town Trustees. Code of the Town of Southhold §97-21(C,D,E,F,G and H).
The applicant for this permit did not seek the Trustees' approval for the mount, method
and impact of placing fill on this property which is a significant habitat by law and, in my
opinion, entirely wetlands. At least, the Trustees have recognized that a portion of the property
constitutes, or is adjacent to, wetlands. Accordingly, I understand that the Trustees' approval
of the wetlands permit could not include any approval for placing fill on the property, because
no such approval was requested.
Please provide me with a copy of Ms. Lachenmeyer's response to your letter of May 18,
1995. Thank you for continuing to keep me advised of developments with respect to this permit.
Very truly yours,
James D. Harmon, Jr. ; ,o
cc: Tanya Lachenmeyer
Land Use Company
2576 Sound Avenue
Baiting Hollow, NY 11933
Iq 85° §5" E 97.27' 6'~.. '
/
.,
oO~ · .,., . · ,,. ...... ,
,~, ~ ~. ~ ~ 0 ~P- ~o,. ~ ~.
J OW~~
DRIVE EAST Ce~TmmO
SOUTHO~D
_~ ROBERT ALCUS.
PATRIC~ ALCUS
,
~' OeO~
LOT NUMBERS REFER TO MAP OF Proposed _Grading Plan
~ o~,c~ o~ ~ ~o,~ co..~ SURVEY OF
' o~* ~,FPt~OVED
~~~' '-'~ ~5. 1~ .... TOWN OF SOUTHOLD
[ ~~~~ ' ;.~ SUFFOLK COUNT)', N Y.
~ ~o~e: ~'m.~.~.~~000 - 92 -
~ ~&~'~ revgcetated with ~ch Grass SCMO-
~ ~ " established on 18" centers
~ July 6,
· · Site plan a~nded b '
T,:~nd Use Compan~
2/13/91~ .S. LIC. NO. 4966,
The water supply ~d imwage dilpomM
,p~ed ]~ accord~ce with the minimum ay~te~a ~or thie r~ide~ce W~Jl ~o~foF~ ~ ~~ S, P.C.
~da for title aurvmy~ aa eat~li~hed to the at~d~de of The Suffolk Cowry /
~e LIA.L.S. and ~proved ~d adopted Oep~tment of He~th 3erv~ea.
~9h use by The~mw York Stat~ L~d ~ · '.
CEDAR BEACH HARBOR
5' ~8' ~5" E 97.27'
, /
~ ~ jOH~ cc~°°~ ~-~
~ 0~L~''' ~%~ ~ ..
DRIVE E~ST c~r/~/m
SOUTHOLD SA V~GS
_~ ROBERT ALTUS'
~T NuMBERs REFER ~0 MAP OF Proposed .~rading Plan
CEDAR BEACH PARK F/LED iN
. _ ,=%~__ A T ~A YVlEW D,~r-
'~~~ r~ ~ 5 l~ "' TOWN OF SOUTHOLD
~~,~ - , ~ SUFFOLK COUNTY, ~ K
~o~= ~-r+~-~.~,~ I000 - 92 - O1 - 2.~
~-~ rev~eta~ed with ~sch Grass ~C~O-
'" established on 18" centers = ~0/
~ 3uly ~, 1990
. S/he plan a~nd~ b '
I;~nd Use Companr~,,
o~v~t~ ~ ~ ~ ~ta ~t~ ~ 0~ uate~: 1/2/90
2/13/91~~'~ S L/C
The w.ter supply ~d ,ew,g, di, po,M ~2~]' pC' NO.
.p~ed in accord~ce with the minimum ayatema for thia reeidence wiE conform ~N~N~ . . ·
for t/tie surveyw a~ eat~fiahed to the et~d~dw of The Suffolk Cowry /
~e L LA L S ~d proved ~d ado ted Owp~tment of He~th Serv~e~
June 12, 1995
Town of Southold
Board of Trustees
Town Hall
53095 Main Koad
P,O, Box 1179
Southold, N.Y. 11971
Attn: Mr. Al Kmpski
Re: Robert Altus
SCTM #92-1-2.1
Dear Mr. Krupski:
As per your letter dated 5/18/95, enclosed please find a copy of the NYSDEC permit and permit
extension issued for the project as referenced above.
Should you have any questions, please don~t hesitate to contact this office.
truly yours,
TL
Eno.
2576 Sound Avenue * Baiting Hollow, New York · 11933
(5'16) 727-2400 · FAX (516) 727-2605
New York Stats Department o~,nvironmental Conservation
Building 40--SUNY, Stony Brook, h~York 11790-2356
FAX (516} 444-0373 H"~
...... ~mll ~ J~lng
~our recen~ re~ues~ ~o e~end the above ~e~ has been
~evfe~ed purs~an~ ~o 6NY~, Pa~ 62%. The
30t 19qA
~d pYo~ receng requesg ~0 modify ~e above p~~ been
ursuant to 6~YC~, Part 621. It ha~dete~ined ~at
~e prod modificatlons will not s~~~ly cha~ge the scope
~~ pe~ c°nd~ions'
This letter is an amendment to the original peri: and as such,
~hall be po.ted a~ ~e job mite.
~1 ~ther ~m~s ~4 =o~4it~ons r~ain as ~itten in ~he origi~l
De~ Regional Pe~i~ A~inistrator
Albert J. Kmpski, President Town Hall
John Holzapfel, Vice President 53095 Main Road
William G. Albertson P.O. Box 1179
Martin H. Garre ll ~, ~,'~W~I~ Southold, New York 11971
Peter Wenczel %.~'q01~ Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
May 18, 1995
Tanya Lachenmeyer
Land Use Company
2576 Sound Ave.
Baiting Hollow, NY 11933
RE: Robert Alcus
SCTM ~92-1-2.1
Dear Ms. Lachenmeyer:
Can you please send us a copy of the NYSDEC application/permit.
The Trustees are aware that the proposed fill is outside our
jurisdiction, but we would like to have the permits in our files
for the record.
Thank you.
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:jmb
cc: J. Harmon,Jr.
Albert J. Kmpski, President Town Hail
John Holzapfel, Vice President 53095 Main Road
William G. Albert,son P,O. Box 1179
Martin H. Garrell ~/~ Southold, New York 11971
Peter Wenczel Telephone (516) 765-1892
~ Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November 15, 1994
Mr. Charles Bowman
Land Use Company, Inc~
2567 Sound Avenue
Baiting Hollow, NY 11933
Re: ROBERT ALCUS
SCTM ~92-1-2.1
Dear Mr. Bowman,
The following action was taken by the Board of Town Trustees
during its regular meeting held on November 17, 1994 regarding
the above matter:
WHEREAS, Land Use Company on behalf of ROBERT ALCUS applied to
the Southold Town Trustees for a permit under the provisions of
the Wetland Ordinance of the Town of Southold, application dated
September 9r 1994, and
WHEREAS, said application was referred to the Southoid Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a Public Hearing was held by the Town Trustees with
respect to said application on November 17, 1994 at which time
all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area,
and,
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and,
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety and general welfare ef the
people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approves the application of
Land Use Company on behalf of ROBERT ALCUS to construct a single
family dwelling a minimum of 75' from the landward limits of the
tidal wetlands boundary and install a pervious driveway all in
accordance with surveys dated 5/14/91. Applicant will conform
to the conditions set forth in a previous Trustees permit,
including maintaining a 50' non-turf buffer and no conventional
turf lawns. Additionally, applicant must include haybales, and
not remove them after landscaping is done. Located Cedar Point
Drive East. Southold. SCTM 992-1-2.1
Permit to construct project will expire two years from the date
it is signed. Fees mustbe paid, if applicable, and permit
issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project.
FEES: None
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
aJK/djh
cc. CAC
T~ HARMON From
KEY TO COASTAL FISH AND
WILDLIFE HABITAT RATING
Factors Rated Score Conclusion
Ecosystem Rarity 9.0 Rare in Suffolk County
Species Vulnerability 48.5 Supports populations of rare
and endangered species
Human Use 9.0 Major regional significance;
supports fish and wildlife
populations having significant
commercial and/or
recreational value
Population Level 9.0 Concentration of fish and
wildlife species makes Cedar
Creek a major ecological
region of the State of
New York
Replaceability 1.2 Irreplaceable
THE HARNION FIRM
CORNELL COOPERATIVE EXTENSION
In addition to its ecological
values, Cedar Beach Point is an
important area for marine sciences
education and research.
It is essential that any
potential impacts on Cedar Beach Point
be evaluated with respect to
and the need to maintain natural
or controlled experimental conditions.*
*NYS Department of State, Habitat Designation, Project Description.
THE HARMON FIRM
WATER QUALITY
The best usages of Class SA
waters are shellfishing for
market purposes
These waters shall be suitable
for fish propagation and survival.*
*6 NYCRR §701.10.
SUFFOLK COUNTY CENTER
RIVERHEAD, NEW YORK 11901
~PLICATION FOR VARIANCW OR WAIVER FRoM REGULATIONS OR SPECIFICATIONS
TO: Chairman of the Review Hoard
i,.~,(~arlesW. ~n./Land Use Company for Torsten Johnson , ~csi~in~ at/
doing business at (mailing address)
2576 Sound Avenue , Baiting Hollow, N.Y. 11933 ,
request a variance I/~] or waiver [ ] from (indicate Article and Section Number)
Residential construction standar0so~n~h~ric~rr~sw~ro~p~,,s~a[~ku/Suff°lk
County Sanitary Code, and is in reference to (indicate Health Services Reference
Number, name of proposed realty mub&i¥isiom/development and Suffolk County Tax
Map Number) 90-S0-68 , Johnson, 1000-92-01-2.1
This request is based on the following (brief explanation of why variance/~w~
should be granted): Proposed well location is in an area where potable water
was found. Alternate locations were researched but ~ere unacceptable. Therefore,
applicant is requesting a variance to the above noted requirement
Date 6/17/91 Signature ( s ) ~~/~
Print Name(s) ~nar!es W. Bo%~/nan 3/ Land USe Company
1. Type or print legibly.
2. Submit completed form to the address at top of application.
3. Regardless of any prior subm~ssloa to the Bureaa of Wastewater Management,
yoa mast enclose with this application
a. copy of survey for residential construction, site plan for commercial
construction, or map of proposed realty subdivision/development; and
b. copies of all pertinent paperwork (i.e., Notice of Non-Conformance/
letter of rejection; estimate of cost to extend public water; etc.).
4.DO NOT CALL T~IS OFFICE. You will be notified in writing of the date,
time and place for the hearing.
5. The hearing will be scheduled as soon as possible; however, all hearing
schedules will be based on a first come-first served basis.
Board of Trustees APpli¢ ~ion
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations:
PROPOSED SINGLE FAMILY RESIDENCE
Area of wetlands on lot: 7,841 + square feet
Percent coverage of lot: .03 %
Closest distance between nearest existing structure and upland
edge of wetlands: none feet
Closest distance between nearest proposed structure and upland
edge of wetlands: 76 feet
Does the project involve excavation or filling?
X
No Yes
If yes, how much material will be excavated? n/a cubic yards
How much material will be filled? n/a cubic yards
Depth of which material wiI1 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: n/a
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason os such proposed
operations (use attachments if app~opri~tg):
No environmental impacts are annlclpa5ea as a resul~ of the
proposed activity. The applicant has met or exceeded setback
requirements in order to protect and preserve the tidal wetlands
and their associated benefits.
New York State Department of Environmental Conservation
Region 1 Headquarters
SUNY, Building 40, Stony Brook, NY 11794
Thomas (7. Jodlng
Dear As~lic ~nt:
The Department of ~vironmental Conservation has c~le~ its ~al ~
review of vo~ p~o~ ~d ~s ~e fol!~g c~:
Please refer to the Application No. in all correspondence.
Zf we do no% receive a response wi%hLn days of t~he date ~f this let%er we will
assume th. et }'ou have abandoned your proposal and will consider your application
witJnd~r awn.
~_~C~% ~°f~-%ch' ~°~m3°~ Sincerely,
~--hvironmental Analyst .;
New York State Department of Environmental Conservatioi . ~
Reb~fon 1 Headquatle'rs : :'~.
SUNY, Building 40, S~ony ~rook, NY 11794
Commissioner
Applicant / Owner~oE~6~
Dear Aooiicant: :: I
.
The DepartmenE of Environmental Conservation has completed its.
field review of your~roject and has the following co~ents: ..
/ * -.. ., . ...
~ ~e~iC.e was not properly s¢~leas~otify us i;n
~ting ~hen the ~g is comDZet~d submit photographs confirming
the staked area. .~~ --- · ' .
' The 'property cou!dng¢U~e ~ed, please submit a specific !°cation .;-
.map and/o~ direr" ~ _ . "· . . ~
accordLn~o Sect~~r~ ProCures Ac~ processing Of.
vou~ic~tion ~~~s it~ be verif'ied that
U~on submihha! of re;~ised pl~n~ (fiouff copies) incorporating ~r · '
reco~endanions and/o~ raquiremenhs we will resume processing off your
app~Lcahion2 . '
· Please reffer to the Application No. in all correspondence. .%
if we do not rece'ive a response:within ~ days of.'the date of-t~is-
letter we w~lX assume that you have abandoned your p~oposal and
consider your application ~ithdrawn. ,.;
***SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT***
PROJECT DESCRIPTION
CEDAR BEACH POINT
LOCATION AND DESCRIPTION OF HABITAT:
Cedar Beach Point is located a~' the t~p of Great Bog Neck, northi
of Little Peconic Bay, in the Town of Southold, Suffolk County
(7.5T Quadrangle: Southold, N.Y.). The fish and wildlife habitat
is approximately 85 acres in size, consisting of sparsely
vegetated sand beach and dredge spoil deposits, a small protecte~
bay (Cedar Beach Creek), mud flats, and salt marsh. The area is~
ov~ed by Suffolk County and includes Suffolk County Community
College~s (SCCC) Southold Marine Science Center. The habitat
generally bordered by low to medium density residential
development.
FiSH AND WILDLIFE VALUES:
Cedar Beach Point is a small coastal wetland area, similar in
nature to many other points around the Peconic Bays shorelinet b~t
important as a habitat for various fish and wildlife species.
This area has served for many years as a nesting site for least
terns (E). In 1982 an~ 1983, approximately 80-90 pairs of least[
terns nested in the area, making this colony one of the largest on
the north fork of Long Island, of county-level significance.
recent years, however, human disturbance (pedestrian traffic andl
recreational vehicle use) of the area has become a serious
problem, and only about 10 pairs of least terns nested here in
1984 and 1985. One pair of piping plovers (T) was also present iin
1984, two nests were present in 1985, but the importance of Ceda~
Beach Point as a nesting area for this species is uncertain. On~
pair of osprey (T) nested in the area during 1982-1984, using a
man-made nesting platform located in the eastern portion of the i
habitat. The tidal wetlands at Cedar Beach Point serve as feeding
areas for the least terns and osprey, as well as for many other
wildlife species. Diamondbac~terrapin (SC) also occur here;
more information is needed to determine importance.
In addition to its ecological values, Cedar Beach Point is an
important area for marine sciences education and research. The
Marine Sciences Technology Program of SCCC is based at the
Southold Marine Science Center, and the area is heavily used by
faculty and students as a "living laboratory" for education and
research. The program is unique on Long Island in offering
technical training in marine biology, environmental chemistry, and
mariculture~ The facilities are also used by scientists from the
Marine Sciences Research Center at SUl~-Stony Brook.
IMPACT A~S~SSm~.T:
It ma essencza_ that any potential impacts on Cedar Beach
Point be evaluated with respect to the established science progra!m
here, and the need to maintain natural or controlled experimental
~a~ would substantially degrade the
conditions. Any activity ~'- ~
water quality in Cedar Beach Creek would adversely affect the
biological productivity of this area. Ail species of fish and
wildlife would be affected by water pollution, such as cnem~ca~
c~ntam~na~n (including food chain effects), oil spills,
excessive turbidity, and waste disposal. It is essential that
high water quamz~y be maintained In the area, primarily by
controlling ~'
a~scn~rges of sewage and other pollutants from upland!
sources. Alteration of ~!~a~
p~e~ns at Cedar Beach Point wouldl
have major impacts on the~=n and wildlife communitiesp~^~sen~..
E.iimination of sa±~ me~n and intertidal areas, ~h~ough excavat~oln
~esu~._ a
w~u~ direct loss of valuable
or r~!tzng, .... ~ ~ ~ n~ in
area. Unre~ula~ea O~eage spoil · ~' '
dzspos~z ~n this area would be
oe~r~men~, but such activities may be designed to mazntaln or
improve the habitat for certain species of wildlife. Nesting
birds znhao~cmng the barrier £~acn at Cedar Beach Point are high]iy
vulnerable to disturbance by humans from mid-April through August.
Recreational use (e.g., boat landing, hiking, picnicking) and
scientific ~ ~' '~ ~
~c~v~=e~ in or near bird nesting areas should be
minimized during this period. 5'encing and/or annual posting of
· the area should be provided to nezp Protect the nesting bird
species. Construction and maintenance of shoreline structures,
such as docks, piers, bulkheads, or revetments, in any part of
thls area~ may have a s~gnlz~n~ impact on the fish and wildlif~
resources of Cedar Beach Point.
~OWLEDGEABLE CONTACTS:
Tom Hart or Andrew Milliken
N.Y.S. Department of State
Dlvlslon of Coa~ua_ Resources &
Waterfront Revitalization
~6~ Washington Avenue
Albany, ~ 12231
Phone: (518) 474-3642
~ ~ ~o~e Manager
Harry nno~h,
NYSDEC - Region 1
State University of New York, Building 40
Stony Brook, NY 11790
Phone: (516)751-7900
John Poole, Marine Resources Specialist IV
Bureau of Marine Finfish and Crustaceans
NYSDEC - Region 1
State University of New York, Building 40
Stony Brook, NY 11790
Phone: (516)751-7900
· · - '· -' Quad'- Southold, NY
:~.. At-ea Name: Cedar Beach Point
.'' Habitat Boundary
..,~ SHELTER xx ISLAND
~t
~uthold ~
Bay . ' ~ ~
SOUND~ ~
It ~ut ho~d · P~adise
,
~ ~ ar Bea~
Point
Pieter VanVolkenburgh, Chief
Bureau of Shellfisheries
NYSDEC - Region 1
State University of ~ew York, Building 40
Stony Brook, NY 11790
Phone: (516)751-7900
Dr. Charles McCarthy, Jr., Associate Professor
Southold Marine Science Center
Suffolk County Community Coilege~-- Eastern Cat,pus
Rlvennead, NY 11901
Phone: (516)765-1101
~iSDm~ - Significantna.Dz~u~ ~ Unit
Wildlife Resources Center
Delmar, NY 12054
Phone: (518)439-7486
Dr. Martin Garrel!
Southold Town Conservation
Aav~o~ Council
Town Hall, 53095 ~ain Road
P.O. Box 1179
Southold, NY 11971
Phone: (516) 765-1801
Louise Harrison
Suffolk County
Department of Health Services
Bureau of Environmental Management
County Center
Riverhead, ~f 11901
Phone: (516) 548-3064
Dave MacLean, Staff Biologist
Seatuck r ~
Resea_c~ Program
Corneti University Laboratory of Ornithology
P.O. Box 31
Islip, k~ 11751
Phone: (516) 581-6908
COASTAL FISH & WILDLIFE HABITAT RATING FORM
Name of Area: Cedar Beach Point
County(ies): Suffolk
FEB. I 6 1987
Town(s): Southold
7.5' Quadrangle(s): Southold, New York
.~ (IS) (R) <ISx~)
Indlvid~al Replace- Final
Score ability Score
ECOSYSTEM RARITY (ER): 9 x 1.2 -- 10,8
Relatively small, undeveloped,
salt marsh, beach, and spoil
deposits on the north fork of
Long Island.
SPECIES ~ULNERABILIT~ (SU): 48.5 x 1.2 = 58.2
Least tern (E) and osprey (T) nesting.
Diamondback terrapin (SC) have been
seen, but importance of the area to this
species is not adequately documented.
Additive division: 36 + 25/2 = 48.5.
HUMAN USE (HU): 9 x 1.2 = 10.8
This area serves as an ~mportant natural area for
research and education by Suffolk County Community
College's Marine Sciences TechnoloF~v Program; of
regional significance.
POPULATION LEVEL (FL): 4 x 1.2 = 4.8
One of the two largest concentrations
of nesting least terns on the north
fork in 1982 and 1983, of county-level
significance.
REPLAOEABILITY (R): 1.2
Irreplaceable
SIGNIFICANCE = [(ERxR) + (SVxR) + (HUxR) + (FLxR)] = 84.6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
47~8~00190/00001 ~ EFFECTIVE DATE
8/16/96
PE IT EXPIRATION DATE(S)
FACILITY/PROGRAM
NUMBER(S)
8/31/99
Under the Environmental
Conservation Law
I TYPE OF PERMIT I New D Renewal D Modification D
Permit
to
Construct
to
Operate
Supply Hazardous Waste Managemen¢
~ Article 19: A~r Pollution
Article 15, Title 15: Water D~ntrol C Article 34: Coastal Erosion
Trans~or% Managemen¢
~ Article 23, Title 27: Mined Land
ArticLe 15, Title 15: Long Recla~ation 2 Artic.e 36: Floodplain
Island Wells Managemen~
DESCRIPTION OF AUTHORIZED PROJECT
By acceptance of this permit, the perm~ttee agrees that the permit is contingent upon strict compliance with the
ECL, all applfcable regulations, the Genera[ Conditions specified (see page 2) ano any Smecial Conditions included as Dart of
this mermit.
PERM] T ADMI~ [STRATOR: I ADDRESS
Roger Evans
Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356
AUTHORIZED SIGNATURE ~~L~ IDATE
8/16/96
Page 1 of..5 [
--~EL N0.516 765 3205 Nov 04,94 8:21 P,02
TOWN OF
c~ lagency Freedom of ~nfor~aO~n Offic~r~ One ~py ~H~ b~ r~:~rn~d
SECTIO~ ~.
(Department or Officer, if ~own, t~t has the information you are
~'' ~ ~' t ~o ~'~
j '/ ~ . , .
'~'-~ ' ~ ~ I~j ~ .~
TEL N0.516 765 5205 Nov 04,94 8:21P.O1
FACSIMILE TRANSMITTAL SHEET
T}m HaaMos FiaM Tm~euosm (212) 333-8690
730 F~m Aw.~ro~ F~x: (212) 397-4872
N£w Yoar,, New YoaK 10019 TELex: 425170 HQ NYC
'to: ,~c,~J T-~tc~ [~o,~ DATE: It/,~/O~/
COMPANY NAME
FROM: 'T~armon # OF PGS ~-
Excluding Transmittal page
MESSAGE:
JAMES D. HARMON, JR. Telephone: (212] 333-8690
Attorney at Law Fax: (212] 397-4872
Telex: 425170 HQ NYC
O~ober 26, 1994
CERTIFIED MAlL
Board of Town Trustees
Town of Southhold
Town Hall
53095 Main Road
Southhold, NY 11971
Dear Board of Town Trustees:
I represent Jeanne Harmon. the present owner of property located at 1175 Cedar Point
Drive East bearing tax map number 90-3-18.1 located in Southhold. The Harmon property is
adjacent to property bearing tax map number 92-1-2.1 currently owned b~ one Robert Alcus.
In my opinion, the Alcus property consists almost entirely of tidal wetlands as defined
under federal and state law and the Code of the Town of Southhold. The Alcus property also
is an integral parr of the.area designated by the State of New York as the Cedar Beach Point
Significant Coastal Fish and Wildlife Habitat. As a result, any development of this property
would have irreversible environmental consequences.
I request that Mrs~. Harmon be given personal notice of any planned activity with respect
to property bearing tax map no. 92-i-2.1, including but not limited to, notice of applications for
permits, approvals, variances, certificates of occupancy and exceptions, and notices of hearings.
I respectfully request that such notice be sent to the following address:
Mrs~ Jeanne Ha.~rmon
149 Euston Road
Garden City, NY 11530
(5115) 747-3894
Thank you very much for your consideration of, and action on, this important matter.
Very truly yours,
James D. Harmon Jr
Albert $. Krupski, President Town Halt
John Holzapfel, Vice President 53095 Main Road
William G. Albertson P.O. Box 1179
Martin H. Garrellpeter Wenczel ~"/'~O~ _, Southold, New York 11971r
~--o'j ~ Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANTEFFECT ON THE ENVIRONMENT
APPLICATION NO. 1000-92-1-2.1 Chapt. 97 - Wetlands
NAME:ROBERT ALCUS Chapt. 37 - Coastal Erosion
DATE: Oct. 27, 1994
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review and 6NYCI~R 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 agenc~
which may also have an application pending for the same or simila~
project.
TYPE OF ACTION: Type: I
DESCRIPTION OF ACTION: Applicant requests permit to construct a
single family dwelling a min. of 75' from the landward limits of
tidal wetlands, install a sanitary system greater than 100' from the
tidal wetlands boundary and install a pervious driveway all in
accordance with the attached surveys dated 5/14/91 which were
previously approved by the Trustees under Permit ~ 3884.
Furthermore, applicant will conform to the conditions set forth
within the permit previously issued, located Cedar Point Drive East,
Southold.
LOCATION: SCTM ~1000-92-1-2.1
REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board
Trustees.
2. An environmental assessment, submitted by the applicant land
reviewed and completed by the Board of Trustees, has indicated that
no significant adverse effects to the environment are likely to occur
should the following mitigation measures be implemented.
cc.
18/25/19~4 11:34 16-727-2685 LAND l OONPANY PAGE 0i
· [Y F, CORP.
F~ TR~NI~IO~d ~HEET
DA~: ~ 25, 1994
~OM: T~ ~ey~
TO: ~old To~ T~s
A~: D~
F~ g: 765-1823
~: Ro~ ~
# OF PAGES: 2 (including t~dnsmission sheet)
REMARKS: Attached please find a copy of the N.Y.S.D.E.C. permit
extension issued for the above referenced project. I know that we are on for an
assessment Thursday night, do you think it is necessary that we attend? Please
advise. ~
Meeting of 9/22/94
additional sand fill will be trucked in from upland source via owners
property. An existing 3' x 15~ stairway down bluff will be removed and
replaced with a 3' x 10' stairway from wall to beach. Proposed wall will be
landward of AHW and is to correct erosion of bluff.
The CAC recommends disapproval because no need is shown, there is no
erosion problem. The CAC suggests applicant grade the existing bluff to a
to 1 slope and plant with beach grass. Maintain the top of the bluff sloping
toward the house. Take fill from the grading and use to fill around the jettyi
Remove concrete rubble during grading process
The CAC recommends of the stairs provided they are placed L~, above the
ground and beach grass planted underneath..
The CAC recommends the applicant contact the Soil
planting guide.
1329 North Sea Road, $outhold
Vote of Council: Ayes: All
Motion carried.
No. 1188
Moved by Allan Connell, seconded by Jack Hagerty~ it was
RESOLVED to recommend to the $outhold Town Board of Trustees
of the Wetland Application of LEONARD ROSEN 78-2-12 to construct a timber
dock consisting of a 1~, x 2¥ fixed elevated (~, above grade of marsh~ walk;
x 14' hinged ramp; 6' x 20' float secured by (2.) pilings. A 5' wide path from
house and dock to be cleared through the brush.
3145 Main Bayview Road, Southold
Vote of Council: Ayes; All
Motion carried.
No. 1189
Moved by Allan Connell, seconded by Stephen Angell, it was
RESOLVED to recommend to the Southold Town ~oard of Trustees
DISAPPROVAL of the Wetland Application of ROBERT E. CENSEL 6~-3-2;.2
to replace, in-kind, in-place, 55' of 2 1/2' high wooden retaining wall which
is normally above mean high water. No additional fill will be necessary.
The CAC recommends disapproval because retaining wall is ngt
necessary. Applicant should plant spartina in front of the ex~stlng bulkhead
to avoid the risk .of erosion.
Applicant should also be required to meet the current Town Code bY
planting a buffer behind the bulkhead.
Hobart Road, Southold
Vote of Council: Ayes: All
Motion carried.
No. 1190
Moved by Robert Keith, seconded by Jack Hagerty, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVA~L
of the Wetland Application of ROBERT ALCUS 92-1-2.1 to construct a single
family dwelling a minimum of 75' from the landward limits of tidal wetlandS,
install a sanitary system greater than 100' from the tidal wetlands boundamy
and install a pervious driveway all in accordance with the submitted surveys
dated 5/14/94 which were previously approved by the Trustees under Permit
No. 3884. Furthermore, applicant will conform to the conditions set forth
within the permit previously issued.
Cedar Point Drive East, Southold
Page 3
STATE OF NEW YORK
DEPARTMENT OF STATE
ALbaNY, NY 12231-OO01
(~AIL S. SHAFFER
SECRETARY OF STATE
Mr. Albert J. Krupski, Jr., Trustee September 14, 19944
Board of Town Trustees
Town Hall
P.O. Box 1179
Southold, New York 11971
Re: Lead Agency Coordination Request for Proposal by Robert Alcns, Cedar Point Drive',
East, Southold, NY 11971.
Dear Mr. Krupski:
With regards to the above mentioned Lead Agency Coordination Request, please note that
the New York State Department of State (DOS) does not object to Southold Town Trustees
assuming Lead Agency. However, if a Federal permit or Federal funding would be required:;
for the above mentioned project, the Department of State (DOS) must review the action for:
consistency with the New York State Coastal Management Program.
If a Federal permit or Federal Funding is required for this project, please instruct the
applicant to submit a Federal Consistency Assessment Form (FCAF) and supporting
information to Ms. Diana Boos at the Department of State.
Please note that NYSDOS reviewed an application by Mr. Alcus for construction of a dock ~
ramp, and float configuration. This application was found to be Consistent on January 5, I
1994. Finally, this office received a request to modify the location of the dock ramp andi
float on January 10, 1994. As the result, DOS issued a no objection letter on January 19, I
1994.
If you have any questions, do not hesitate to call me at (518) 474-6000.
Sincerely ~ ~ ;~ '"~5 ~
Walter F? Meyer
Coastal Resources Specialist
c. U.S. ACOE/NY - Sophie Ettinger
file
~ printed on recycled paper
Albert J. Kmpsld, President Town Hail
lohn Holzapfel, Vice President 53095 Main Road
William G. Albenson P.O. Box 1179
Martin H, Garrell Southold, New York 11971
Peter Wenczel Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
LEAD AGENCY COORDINATION REQUEST
TO: Whom It May Concern DATE: 9/12~94
Enclosed is a permit application and a completed part I of the
Environmental Assessment Form.
$outhold Town Trustees are interested in your ageny~s comments
in acting as SEQRA Lead Agency for:
NAME: Robert Alcus
LOCATION: Cedar Point Drive East, Southold
TAX MAP: 1000-92-1-2.1 PERMIT ~ Pending
DESCRPTN: See attqched
PERMIT REQUIRED: ( ) TOWN WETLAND ( ) OTHER
SEQRA CLASSIFICATION: ~) Type I ( ) Type II
( ) UNLISTED ()~) CEA
Please contact Albert J. l[rupski, Jr., Trustee Fresid~n_.t within 30
days and be advised that the Southold Town Trustees (WANT)/(DO
NOT WANT) to assume lead agency.
SENT TO: DOS ~} DEC (~ DOE ()<) PB ( ) ZBA ( } BLD (~ ACE
CAC
Please complete, detach and re~urn this form to expedite
processing.
Involved Agency:
Project Name:
Location:
- SCTM:
We at (Have/No) objection to Southold Town
AGENCY
Trustees assuming Lead Agency.
Comments,/Reasons:
Signature of Authorized Representative
Albert J. Krupsld, President Town Hall
John Holzapfel, Vice President 53095 Main Road
P.O. Box 1179
William G. Albertson Southold, New York 11971
Martin H. Gan'ell
Peter Wenczel Telephone (516) 765-1892
Fax (516) 765~1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 12, 1994
Bruce Loucka, Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Main Road
Southold, NY 11971
Dear Mr. Loucka:
Transmitted herewith are the following applications for a wetland
permits:
ROBERT ALCUS SCTM $92-1-2.1
YENNECOTT PARK PROP. OWNERS SCTM ~55-4-25.4
Please prepare a written report of findings and recommendati(~ns
with respect to this application.
Albert J, Krupski, Jr.
President, Board of Trustees
AJK: jmd