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HomeMy WebLinkAboutSILVERMAN, DANIELNew York State Department of Environmen~l Conservation Building 40 St~e University of New York Stony Brook, New York 11794 (5t6) 751-7900 Henry G. WiJ|iarns Commissioner December 21, 1983 CERTIFIED MAIL Mr. Daniel Silverman 30 Stoner Avenue Gceat Neck, New York 11021 Re: i0~83-0426 Dear Mr. Silverman: This letter shall serve as Notice of permit no dredge and construct a dock an Nassau Point, Cutchogue pursuant to Part a tidal pond located at 621.13 Uniform Prdcedures. New information has been forwarded to this office by Mr. Frank J. Techet that the approved pro]ect will destroy inter- tidal marshes and endanger his bulkhead. Special Condition fl6 of your permit s~ates,"Applicant must obtain permission from adjoining landowners przor to commencement of dredging." Your permit will remain suspended until such time you provide written approval from your adjacent landowners. Within ten calendar days of receiving this Notice, you may submit a written s~atemenn why the permit should not be suspended, or request a public hearing or both. Failure by yourself to timely submit a statement or request a hearing shall result in the Department's action (permit suspension) becoming effective the da~e of this .letter~ Please fee! free to call me if you have any questions in regard to this mat~er. Very trul~ y~urs, Regional Supervisor of R~gulatory Affairs DJL:jf cc: F. J. Techt BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 February 28, 1986 Mr. Charles Bowman The Land Use Company N. Country Road Box 361 Wading River, New York 11792 Re: Daniel Silverman - Wetland Application No. 314 Dear Mr. Bowman: The following action was taken by the Board of Trustees at a regular meeting held on February 27, 1986 regarding the above. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Daniel Silverman applied to the Southold Town Trustees for a permit under the provisions of thw Wet'land Ordinance of the Town of Southold, application dated September 18, 1985, and WHEREAS, said application was referred to the Southold Town Conservation-Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on February 27, 1986 at which time all interested persons were given an opportunity to be heard, WHEREAS, the Board members have personally viewed and are familiar with the premlses in question and the surrounding area; and, WHEREAS, the Board considered all testimony and documentation submitted concerning this application; and, WHEREAS, the Board has determined that the project as proposed will no~ affect the health, safety, and general welfare of the people of the Town, NOW~ THEREFORE, BE IT RESOLVED that the Land Use company on behalf of Daniel Silverman be GRANTED PERMISSION under the previsions of the Wetland Ordinance of the Town of Southold, New York all ~n accordance with the application submitted, with the provision that an.additional ~nspection~is to be scheduled by the Bay Constable to determine if there are a population of Eel Grasses, and at the discretion of the Bay Constable the BQARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (5161 765-1892 March 4, 1986 Mr. Charles Bowman The Land Use Company N. Country Road Box 361 Wading River, NY 11792 RE: Daniel Silverman Dear Mr. Bowman: Please be advised that I have transmitted your Wetland Permit and the Trustee Permit number on the Notice which should be displayed during construction. I will forward the Trustee Permit as soon as the Trustees fully execute same. I did not want to hold you up. The Notice has the Trustee Permit No. 2105 on the smgn. If you have any questions, please give me a call. HPS:lp Very truly yours, Henry P. Smith, President Board of Trustees Ilene Pfifferling Clerk to Trustees Attachments Daniel Silverman - Page '2~ applicant should make a reasonable attempt to transplant. Site to be determined. This permit will expire on February 27, 1987 if work is not complete by same. The Trustees are to be notified upon the completion of the work. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Clerk HP S: ip cc: Trustees file , ZEPATOWE ' ,IA ES INC April 9, 1984 Mr. Frank Murphy, Supervisor Southold Town Board Southotd Town Hall Main Road Southold, New York 11971 Dear Mr. Murphy, Szepatowski Associates is pleased to present our comments on the proposed dredging and dock construction project at Wunneweta Pond (Wetland Application ~175 submitted on behalf of David Silverman) . As requested by the Town Board, we visited the site on April 4, 1984 and reviewed all written materials in the file at the Town Clerk's Office. We have evaluated the project from three perspectives: areawide planning, engineering procedures, and ecological impacts. Based on our observations from these three perspectives, we conclude that the project, as proposed, will significantly alter the exist- lng wetlands area and may also negatively effect the larger pond area outside the specific project site. We strongly recommend that the Town Board deny the request for a permit and that the Board of Trustees reconsider thei'r decision to approve the project, as proposed. Enclosed is a memorandum outlining %he specific observations from which we based this conclusion and recommendation. Our observa- tions are presented in two major categories: 1) Environmental Impacts, and 2) Areawide Planning Considerations. We conclude 39 Narraganser,, Ave Jamestown RI 02835 4C 1/423 0430 Murphy p. 2 that there are enough concerns in both of these areas for the Town Board and the Board of Trustees to consider denying the permit request. The Town Board, however, might consider proposing a project modification to lessen the degree of environmental impact. In th~ conclusion of the enclosed memorandum, we have included a recommendation for a smaller project. We feel this recommenda- tion provides a means of meeting the recreational desires of the applicant while still preserving the ecology of the area. We hope that these comments are of value to the Town Board in making a decision on the project. If there are any questions regarding the enclosed material, please feel free to contact us. Sincerely, SZEPATOWSKI ASSOCIATES, INC. Pe~F Petruny~ Environmental Scientist PP/kb Enclosure SZEPATOWSKI ASSOCIATES INC 0 MEMORANDUM DATE: PREPARED FOR: PREPARED BY: RE: April 9, 1984 Southold Town Board, Southold, New York David Emilita, Senior Planner, Margaret Petruny, Environmental Scientist, and James Bryer, Environ- mental.Specialist of Szepatowski Associates, Inc., Jamestown, Rhode Island Proposed dredging and dock construction project at Wunneweta Pond (Wetland Application ~175 submitted on behalf of David Silverman). ENVIRONMENTAL IMPACTS Based on an environmental review of the proposed project, Szepatow- ski Associates, Inc. (SAI) concludes that it will significantly alter the environment in the wetland area where the boat is to be docked. It will also likely effect the ecological balance in other parts of Wunneweta Pond. The overall impact will be a negative one. This conclusion is drawn from the following observations: Narrow width of The Inlet Into The Pond: According to the scale given on the applicant's site drawing and observations made in the field, the width of the channel into the wetlands area is between 20 and 25 feet. The plan does not show a vertical water profile in the inlet. Dredging in this area to accommodate a boat of 32 feet is likely to have a serious impact. There is little buffer zone between the existing bulkheads on Mr. Techet's property and the proposed dredging area. Deepening the channel in this section will increase water volume in the inlet and in the pond, but it will also increase the flow rat~ i.e. currents. Stronger currents, combined with the vibration and bottom churn- ing of a 32 foot boat passing through the inlet, will undermine the existing bulkheads, as well as increase the rate of erosion on the opposite shoreline. There is no large boat movement through the existing channel, thus the bottom of the lagoon has settled and compacted into its present contour. The presence of silt in this inlet ms indicative of the fact that it is a narrow passageway, restricting water flow. Sub- sequently, silt and particles drop out of the water column, depositing on the bottom. Although dredging will deepen the channel, it will still be a restricted channel width wise. As a result, maintenance dredging would be required and the nega- tive effects connected with dredging, would occur more than once. SZEPATOWSK! ASSOCIATES INC Negative Effects of ~redging: Dredging in such a small, re- stricted area will have a significant impact. Machinery along the shoreline will destroy existing vegetation and increase shoreline erosion. Dredging in the inlet and wetlands area will destroy benthic ~communities which typically reside in the upper 2 t~ 3 foot layer of sediment. Benthic communities out- side of the immediate dredging area are also likely to be destroyed. Dredging will increase turbidity in the water co!~, choking bottom dwelling f~tt~r~'f~ed~r~such as s/~etl~ f~h. Re~ov~ from i~n~tiaI dredging Wo~ld be negated w~th r~peated maintenance dredging. It is qu±t~ possible that damage from the dredging will extend outside the ~Iet, into Wunneweta Pond proper. The extent of damage resulting from the dredging will depend, to some degree, o~n the ~ime of year it is conducted. For example, damage would be maximized by spring or summer dredging. During this time of ye~r~ shellfish move from beneath the soil strata to the surface to increase ~ood intake and reproduce. Juvenile fish emerge and move into nursery areas to feed and grow. There is also a serious question as to whether or not the pro- posed dredging will jeopardize the fresh water resources on adjacent property. It is unlikely that it will effect these resources. However, Szepatowski Associates maintains that in the absence of a physical engineering study quantifying water gradients on site, the damage posed to fresh water resources is, at best, difficult to assess. Negative Effects of Changing Water Volume in Wetlands Area: Both proponents and opponents of'-the proposed project seem to agree that the project will significantly alter the existing wetlands area. What they fail to agree on is whether the change will be detrimental or beneficial. From an ecological perspec- tive, the change will be detrimental. The area where the proposed project is to take place is a wetlands area. By definition, a wetlands is a transition zone between land and water ("wet" referring to waser, "land" referring to dry land). Water volume in such areas ~s subject to change, depending on the time of year. The species of plants and animals living in these areas are adapted to these changes. The argument has been made that the area will be more "produc- tive'' with an ~ncrease in water volume. Actually, it will become less productive, and it is likely that productivity in Wunneweta Pond as a whole will be affected. Productivity should not be measured solely in terms of shellfish for human consumption, or fish size. Wetlands typically are not SZEPATOWSKI ASSOCIATES INC -3- sites for direct human cultivation. But, by providing a habitat for species lower in the fo~d chain (e.g; snails, worms, crabs, horse mussels, etc.), they are indirectly responsible for suF- porting more harvestable resources. The shallow, sluggish, warm water conditions existing in the area provide an ideal nursery ground f~r small fish. Biological oxygen demand (consumption Of oxygen by decaying plant and ~nimal matter) is likel~ to be high in the wetlands area ~nd it is important that it is high. Wetlands act as n~rien% en~rapments for such substances as nitrogen bearing co~po~3~lds, (the kind of substances that are likely washi~§ into the area as a result ef the feritlization of adjacent lawns and from other surface runoff). These nutrients are used by mapidly gre~ing, tidal plants ~dapte~ to short growing seasons. W~ien these plants decompose, nutrients are' released into the w~er ~owl~, over time,from a concentrate~ area. Havi~g a high bi©~ogical ox~ge~ demand in the wetlands area prevents nutrients f~om being washed out into the r~st of the p~nd and into the bay too q~ickly. An onslaught of nutrients triggers algae bloo~s resulting in fish kills. The concept of biological oxygen demand, as previously discussed by proponents of the project, w~s taken out of context and misapplied to ~he Wunneweta Pend environment as a whole. Increased water volume will drastically change the environment. Plants adapted to low water periods will vanish. Water temp- erature wiil decrease, effecting existing biological communities and reducing the amount of suitable ~nv±ronment available for juvenile fish. In short, the area under question is more "pro- du~tive" and more environmentally valuable, especially ~n terms of Wunnewet~ Pond as a whole, ~n its present state. 4. Inadequacy of the "Short Environmental Assessment Form": The "Short Environmental Assessment Form", submitted as part of the permit application, is inadequate. All of the queStions on the form were answered "no". It is SAI's belief that at least some ~f these questions should have been answered '~yes" Examples: Question 3 Will project alter or have a large effect on existing body of water? Question 4 Will project have a potentially large impact on groundwater quality? Question 15 - Is there public controversy concerning the project? The deci- sion to grant the permit should be based on a proper environmen- tal assessment of the proposed project. 5. Chapter 97 Wetlands - Code of the Town of Southold: Szepatowski Assocmates reviewed the permit application with respect to the Town of Southold's Wetland Code, and found the application to SZEPATOWSKI ASSOCIATES IN(: -4- be deficient with reference to the following sections: Section 97-21D. Such description is not provided, in particular that o~ the deposition area. Section 97-21E. The angle of repose of the removal, the depth and angle of repose, if applicable, of the deposition. and S~ct~on 97-21F. The precise manner in which spoil will hz remove~, proposed routes of travel and manner of d~posi%ion. Section 97-21G. Missing entirely. Section 97-21H. Said statement as not provided. Section 97-21I. Complete statements are not provided. 'The status of the DEC permit has not been verified. Section 97-21J. The same comment as 21I applies. SZEPATOWSKI ASSOCIATES INC -5- AREAWIDE PLANNING CONSIDERATIONS Based on a review of the project from an areawide planning per- spec%ire, Szepatowski Associates concludes that the pro~ect, as proposed, is not in the best interests of the community as a whole. This con~Iusion is drawn from the following observations: Opposition From Adjacent Landowners: There is opposition to the prQject from adjacent landowners, particularly from Mr~ F~ank Tech~t. T~e Town Board should ensure that this Opposition is recognize~t a~d that the concerns of n~ighboring ta~downe~s are thoroughly addressed. Equal Rig~s For Ail Waterfront Owners: The wetlands pond area does not appear to be of sufficient size to moor and maneuver a 32 foot boat without infringing upon the rights of all abuttors ~o have an equal chance to use the area. Disposal o~ Dredge Spoils: The applicant fails to properly address the problem of what to do with the dredge spoil. The applicant, as well as the reviewers of the project, need to consider the following: Calculations showing the volume of material to be removed; Where the spoil is to be taken to. If it is to go to the Town landfill, has permission been obtained?; The effects of depositing saline dredge spoils at an inland site; Route and manner of spoil transport. Legal Considerations: There is a legal question involved as to whether a waterfront owner can issue an easement for a project of this scale to a nonwaterfron% property owner. The Town Board should seriously consider whether it wants to, by approving the project, approve of this issuance and establish this as a precedent for land and water use decisions in other areas of the Town. SZEPATOWSKI ASSOCIATES lINC -6- RECOMMENDATION Based on our review of the proposed project, Szepatowski Associates offers the following recommendations: 1) The proposed project is of too large a scale for the size of the area that will be effected. 2) A smaller, scaled down project would not be detrmmental to the envmronment in or around the weqtands area in q~estion. 3) We recommend that Mr. Silverman be allowed to moer his boat outside, of the wetlands area, in Wunneweta Pond proper. If necessary, a location just off'the main ckannel could be dredged to accomodate the size of the bo~{ in question. A smaller dock could be constructed in the wetlands area to accomodate a much smaller support craft, e.g. an S to 10 foot dinghy or runabout, that can be used for access to and from Mr. Silverman's larger boat. 4) A p~oject.of this size would eliminate the need to dredge in the wetland area. The extent of dredging and the detri- mental environmental impacts associated with it would be reduced if dredging is conducted'out in Wunneweta Pond proper. Szepatowski Associates feels that in this case, a smaller, scaled down version of the project would satisfy Mr. Sitverman's recrea- tional needs and, at the same time, alleviate the concerns of neighboring residents and maintain the ecology of the area. We urge the Town Board to consider the ext~nt of the p~oposed project's impact on the existing environment. At the very least, the permit should not be granted without conducting a more exten- sive, comprehensive environmental impact study. SZEPATOWSKI ASSOCIATES INC JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 13, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197t TELEPHONE (516) 765-1801 Mr. Roy Haje, President Enconsultants, Inc. 64 North Main Street Southampton, New York 11968 Dear Roy: The Southold Town Board at their regular meeting held on April 10, 1984 adopted a resolution denying Wetland Application No. 175 submitted by you on behalf of Daniel Silverman and E. Cartnick. This denial was without prejudice to any future application. ~ ~ T. he Board also adopted a resolution, copy of which is enclosed, declariiag this a Type I action and requesting a Draft Environmental Impact Statement. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JAMES H.RAMB( 8]SHOPS tANE SOUTHAMPTO~ N_ Y 11968 PHOI~£: [916) 283-1254 WUNN£WETA ROAD CUTCHOGU£~ N. Y 11935 PHDN5 ¢516 734-5858 April 18, 1984 office of the Town Clerk Southoi~ To~n ~al! ~in Road'~ Re: Daniel Silvermmn and E. Cartnick Dear Ms. Terry, I am deeply disturbed by the action taken by the Town Board at the behest of Councilman Stoutenburgh requiring an E. I. $. on the referenced project. The project does not fit the criteria of a Type 1 Action as evidenced by the N. Y. S. D. E. C. to grant a permit. Mr. Stoutenburgh had this matter before him as Chairman of the Town Trustees for a least seven months. At no time did he mention the need for an E. I, S. Th~ Trustees could have, prior to voting and approving the application, requested of the Town Board an E. I. S. and chose not to do so. The Town Board has, therefore, usurped the Trustees' decision. Does Mr. Stoutenburgh have no faith in the body he chaired so ably for years. Why the change mn attitude? Has anyone brought new evidence of serious impact on tke environ- ment to his attention? The continued inroads in the rights of the Town's citizens is without cause. There has been little or no loss of the Town's wetlands since 1977. The action of the Town Board in this matter borders on harassment of a property owner. (con't.) JUDITH T_ TERRiY tOXiN CLERK ',REGISTRAR OF YiTAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southotd, New York 11971 TELEPHONE (5t6) 765-I801 NOTICE 'OF SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: April 10, 1984 Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action described below is a Type 1 action and is likely to have a signifii:ant effect on the environment. DESCRIPTION OF ACTION Application of Enc0nsultants, Inc., on behalf of Daniel Silverman and E. Cartnick for a Wetland Permit to construct a catwalk, ramp, floats and to dredge in Wunneweta Pond, at Wunneweta Road, Nassau Point, Cutchogue, New York. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Trustees ~, Southold Town Conservation Advisory Council Southold Town Building Department Town Clerk's Bulletin Board Enconsultants, Inc., for D. Silverman & E. Cartnick Southold, New York 1 1971 TELEPHONE (516) 765-1892 February 28, 1984 Mrs. Judith T. Terry Southold Town Clerk Southcld Town Hall Main Road Southotd, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on February 27, 1984: RESOLVED to recommend to the Southold Town Board approval of the Wetland Application ~t75 submitted by En-Consuttants, Inc. on behalf of Daniel Silverman to construct a catwalk, ramp and floats and to dredge in Wunneweta Pond, Nassau Point, Cutchogue, with the p~vision that the size Of the v_e~selshall be no more than 32 ft_~. and the dock is to be moved over 10 ft. to ~he e~st so that it will not encroach on the property to the west. - Very truly yours, Henry P. Smith, President Board of Town Trustees ip BOARD OF TO.tN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 February 28, 1984 TELEPHONE (516) 765-t892 Mrs, Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith Board of Town Trustees at February 27, 1984: is the action taken by the a regular meeting held on RESOLVED to recommend to the Southotd Town Board approval of the Wetland Application #175 submitted by En-Consultants, Inc. on behalf of Daniel Silverman to construct a catwalk, ramp and floats and to dredge in Wunneweta Pond, Nassau Point, Cutchogue, with the provision that the size Of the vessel shall be no more than 32 ft. and the dock is to be mowed over 10 ft. to the east so that it will not encroach on the property to the w~st. Very truly yours, Henry P. Smith, President Board of Town Trustees ip Geraghty & M iller, Inc. GROUND-WATER CONSULTANTS S¥osset, New York 1.1791 Cable: WATER Tetephnne: 516/921,-6060 February 24, 1984 Nr. Henry P. Smith, Chairman Southold Town Board of Trustees Southold Town H~ll Main, Road~ ~ Southold, New York ~197t Dea~ Mr. Smith,=. We; the proposed plan for maintenance dredging of s ~eta Pond,. located on Nassau Po/hr in the Town of is to be carried oub for Hessrs. $±lvatman and occu1- have expressed concern that the dredging will. resuIt Howeve:~ such is not the case~ the p:roposed ye no impact on the lacs1 fresh-wa~e:'re, sources. The is- ~ discha:ge point for f~esh- wa~er~ which flows into i~the surrounding land s:eas. This'flo~ is, generated by, beneath the Iand which createsgradients, ~slope$)~ dischatge ateas. SaIt-water ~ntrusion cannot ace reversed~ i.e.~ the Water table is low- as aresult of excessive ground-water pumpsgeo, The in no vmyalter gradients, and therefore 'cannot re- ~ip£rusion,. 198Z. ilar~ ate .tn- of a letter from I~. 3oseph H. Bale{, P.E., Bureau of Water~ Reacarc~s~ d~ted February 2~, isparticL~ta:ly ~elevantin the~; it'deals wi~h a'sim- nearby Ioeation. Please no~e tha~ our coaclusions Sincerely, DRM:me Encl. GERAGHTY & MILLER~ INC. Hac£allum Senior Scientist ce: William 8. Smith Guy ~ermano, Esq. Mr. Samuels ~%"- ~-2 ~ February 23, 1982 The concern by the Southold Town Trustees in preserving what fresh water remains in areas such as Nassau Point is I would hope thay would Continue to review any applications with similar diligence. However, based material reviewed, this pro~ect will not impact the.qrou~dwater resources of Nassau Point. If there are any other questions or if I may be of further assistance, ple~se do not hesitate to contact me. Very trut~ yours, ~eph/H. Baier, Bureau of Water Resources JHB/jb cc: Mr. H. W. Davids, P.E., SCDHS Mr. David DeRidder, NYSDEC ~ir. Paul Stoutenburgh, President for Southold Town Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New. York 11971 January 4, 1984 TELEPHONE f5~6) 765-1892 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on January 3, 1984: RESOLVED to recommend to the Southold Town Board to T~LE the Wetland Application ~175 submitted by En-Consultants, Inc. on behalf of Mr. Daniel Silverman and Dr. Edward Cartnick until all parties involved are present. Very truly yours, Board of Town Trustees President ip JUDITH T. TERRY TOWN CLERK · iREGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE 516] 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 30, 1983 Mr. Paul Stoutenburgh, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Stoutenburgh: Transmitted herewith is application no.175 for a wetland permit submitted by Encons~Ztants, Inc. on behalf of Daniel Silverman and E. Cartnick. Please prepare a written report of findings and recon~endations with respect to this application. Very truly yours, Judith T. Terry Southold Town Clerk Attachment ADEPT COI3]RT P.:EPORTI~'G SERVICE COURT R~PORTERS ~ NOTARIES 71 COM~rO~D STREET, PORT ~FFERSON STA.. N.Y. 11776 ¢~. (~) ~2~-3~ ~2~) ~2~-~o~ 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 ADEPT COURT REPORTING SERVICE 1 2 6 7 8 9 10 11 ~2 ]3 15 16 17 18 19 20 21 22 23 24 25 ADEPT COURT REPORTE%G SERVICE 71 C JMERP DRD STREET, P©~T ]EFFHRS©N STA., N.Y. 11776 516 ~28-3595 2121 926-7504' 2 3 9 TO 1:2 13 14 15 16 t7 18 19 20 21 2:' 23 25 matety fort,-five minutes ago~ approxl- opposed ~o it. We ~0uld, ~ever, ~es~ and go over ~e pro~Sal ~ ~at ~e ~ ~ING O~IC~: If ~3ections, i will hold ~e r~rd ~f hear~g ~en ~til May -- the tst of ~. GE~: It's ~e l~ of J~e? THE HEARING 0FFICER.~ approximately ten days MR. $ I LVEP&~u%I~ ~ heard? 1st of Jtrne, ~our Honor. may I be HEARING OFFICER = Go ahead. GERMANO: We would say that at this has been going on a long ~his point, time as lt. is. and I don't kIlc~ that at this point there's any reaso~ to hold open the record. And ~4r. T~chet had an Oppo_~-k=nity ADEPT COURT REPORTinG SERWICE 71 COMER]: DRD STREET. PORT JEFFERSON STA N.Y. 11776 r5161 928-3596 ~212) 926-7804 5 6 7 8 9 10 ]I 12 13 14 15 16 17 I8 19 20 2~ 22 23 24 25 ~, be hera, an~ he is here by his counsel, so I'm net -- t don't believe that any mis- ~en fora ~e ~ CoUld you s~n~ the ~c~n~ d~ t~ h~ and save ~e ~at %eh ~ys or so after ~a% is m0e a Signifl- cant ~un% of ~c~ly, we ~ been ~ active of ~his ~oject si~ prier ~ t~ first hear~ ~'ve append at evs~ application s~ge, i~cIu~ing ~e to~ t~Stees, the town board, ~d ~he p~eedin~ ~fore ~e DEC. existence iS ~li-~o~ to ~e ~ ~ ~ra not given ~y indication of a ~dificati~ of ~e projeet ~ntil forty-five minutes ago. ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET PORT JEFFERSON STA., N.Y. 11776 5161 928-3596 2121 926=7804 1 2 3 4 - 5 6 7 8 9 10 I1 12 13 14 15 16 ]7 ]8 19 20 2] 22 23 2~ 25 I'm -- ~o be honest could have made a~ appli I realizepeople are he~e~ I r~tiz~ tha~ me~n~ in fact to ~e~i%e ~e hearing a~d %o avoid paying m~ies, met with opposi~ion ~ this I renew my appllcati0n~ I ~ink it is ~in~tly re~o~abte. It will not delay ~e pr0~ect. The proj~t, ev~ if ~anted ~ you in a pr~tlF basis, is ~t right for S~thold ~er S~, which I ~nd ~ present ~ you today. It's ~elI-~o~ by eve~b~y a ye~ ~ere just is no prejudice t~ a Short ten-day delay afar the ~rival of ~. ADEPT COURT REPORTING SERVICE 71 COMER.FORD STR.EET PORT ]EFFEKSO~T STA N.Y. 11776 5161 928-3596 212 926-7804 '5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 2 back on the scene from 3 T~E ~E~2%T~ O~FICER: Any fur4~er ~. SIL~= Yo~r H~norr ~ I be hear~ here? ~ ~NG OFFICe= Yes. ~. SIL~ ~uld we have to here at another hearing or ~y of ~e people / h~e? ~is matter under ~vis~nt, amd I~ll ~le on it at ~e ~nd of the he~ing. Let's proceed. ~. ~GEL~ Your Honor, I ~v~ ~nto evid~ce a% ~e hear~g -- I don't recall ~ether it was in~uced the last e4~, but ADEPT COURT REPORTING SERVICE 71 COMERJ'OKE STREET PORT JEFFEP. SON STA. N.Y. 11776 1~161 928-3596 2121 926-780~ 1 2 3 4 5 6 7 :8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 it's a no%ice Of significan~ effect on the e~viro~m~t ~ssued by the OffiC'e of ~/%e T~ ~de on ~il lO~h, I~84, ~ a ~smit~! letter to ~. Silver's then e~onmenta~ an~ ~ likely ~ ~ve a si~ic~t efface handed a document Any O~jectlon? Well~ my Objection for any ~lrposea as far as this boating goes. I mean, I~m not going %0 dispute that this dcc%~aea/t issued ~n the date i% ~as issued. B~t as far as ~is ~in% in t~e. ~ Silk,an has ~ced an a=tion to set ~ide ~air deter- m~a~i~n. ~a% ac~on iS s~ill ~d~g~ as y~ may ~% be aw~e~ the ~ B~d of ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET. PORT JEFFERSON STA.. N.Y. 11776 516 928-3596 [2121 926-7804 ! 2 3 4 5 6 7 8 9 12 14 15 16 17 18 19 2O 21 22 2~ 24 25 b~i~ess of doing thes~ %~tl~ hearings, pre--ding ~ n~ ~i~ to ~ to ~ Board In view of ~at~ Your Honor~ I w~l~ s~it ~hat this pa~ticul~ do~nt no has ~y vali~ty hers as to -- any is ~lid v~ith regard ~ ~ plans ~d applica- tion -- ~e pl~ p~e~ently under ~nd %he ~ulication ~fo~ the h~g ~ G~{ I ~!ieve I ~. s~te ~a% ~at detestation is going ~ ~o~ ~. ~G~: ~e yo~ ~k~g a ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET. PORT JEFFERSON STA. N.Y. 11.776 15161 928-3596 2121 926-7804 2 3 4 5 6 7 I0 11 12 13 14 15 16 17 18 19 21 22 23 2~ 25 174 ~R~ ~Eg/~ANO: I can S~ exaCtt~ what I didlSa~_V, that I~ve been a~ked ~o withdraw ~ ~0~, ~ I've b~ ~id tha~ the p~ is going ~ go t~ ~e ~ar~ ~f T~stee~, ~hat beinq ~e =ase, I can say ~at it would appear that this is a n~!~lty at this point. ~E ~I~ OFFI~= I would see no objection, then, to mark~g it as an for identification. ~Mr. ~ilton?' ~. ~ILTON= ~ust in r~ard ~ ~Q~, ~ inte~retation, if the application haz not been wit~ra~ fr~ ~e Town ~ard for this action, th~ I~d sa~ ~is letter at ~is ~e is sti11 vali~. At the point ~hen ~hat p~pOs~ action is Wi~dra~ from ~e ~ard, thsn ~his letter will ~come nult and voi~. Un~l ~Ch ~me, I'd say this ietter is still in effect. ~, STL~ I have ~ested ~hat that action be drOppea. ~, G~O~ I have notified the attorne~ COmERPORD STRE~T~ POkT ]SFFSRSON 5TA., N.Y. 11776 ~316) 92~-3396 (212) 5 6 7 8 9 10 11 12 J3 14 16 ]7 18 19 20 21 22 23 24 25 representing the o~h~r to ~ith~raw. ~75 that we're ~oi~g MR. GEP/w~O: ~ge have ~O ~w up a stipulation. S~, for a~i i~t~t~ and i~ ~. I said ~ ~iI1 s~y' e~t in ~. H~ILTON: ~til ~ere's a from the ~wn, at ~is t~ it is still T~E HE~ING OFFIC~ ~e notice of si~ific~t effect ~n the envi~t is ~ril I0th, ~984, and ~e atoned letter of ~rii 13th, ~984 ~ being marked ~d received as Exhibit ~5 for Identification. (~eu~n~ ~e a~ve~referred to Notice of Si~ific~t Effec~ on ~e ~viro~nt, dated ~rit 10th, 1984~ and the a~ched !ether of April I3th, 1984, ~s marked as ~it 15 for i~ntifica~ by ~e ~E ~E~G OFFICER: ~ntinue, pl~se. ~. ~G~: I have no~g f~er. ~E ~ING OFFICe: ~es ~e applicant ~ve a revised proposal to present? ~. G~NO~ Yes. I~d tike to have ADEPT COURT REPORTIiWG SERVICE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADEPT COURT REPORTLN-G SERVICE 71 COMERFORD STREET. PORT JEFFERSON ST~, N.Y 11776 {316~ 928~3396 i212~ 926-7804 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q any other A th~ preparation of the pla~.? was ~he preparatio~ of ~he plan based upon any surveys o~ Other doc~.ents? AI~ inf~rmatio~ that fha plan was b~sed on is noted ~ ~he ~ap an~d a~t~a! site visits by our MR. G~NO; I would s~ ~his~ C~SS ~TION BY ~. A~EL: Q A ~'re ~ ~ envlror~n~I consulting b~si~ess~ We have ian~pe ar~itec~s, biologists, foresters~ ~ I~I! S%Lbmit a ~opy of our ql/al!fieations~ ADEPT COURT REPORTING SER%'ICE 71 COMERFORD STREET. PORT JEFFERSON STA., N.Y. 11776 13161 928-3596 12121 926-7804 2 3 5 7 9 12 13 14 15 16 ~7 18 19 20 2] 22 23 24 25 Bowman i 78 alt who woxk for L~m.d Use. ~re~.on, the wi~ess plan? A A NO. Q A of ~he page~ This was prepared by Thomas Czta~er, who ~ks Did you personally vigit ~he si~e? NOW~ ~e elevatioI~S~ the Sound, an~ the survey information is all taken from information p~oVide~ by Van T%%Y!e~s of~fice~ right? ADEPT COURT REPORTLN-G SEI~VICE 71 COMERFORE STREET. PORT JEFFERSON STA. N.Y 11776 f5161 928-3596 [212) 926-7804 1 2 3 4 5 6 7 8 10 11, ]2 13 14, 15 16 17 18 19 2O 21 22 23 24 25 yourself? A ~. ~: For %ha~ p~se~ Eviaencel ~ ~e pro~s~ ~edging ~ doc~ Uae C~p~y~ one page. ~ereu~n,, ~e ~ove-refe~r~ to ~985, ~s ~ked as ~hibit I6 in ~iden~ ADEPT COURT REPORTING SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 ~ HE~tNG' OFFI~ I hear ~ objection. (~e~eu~p~ ~a~ of Qu~Iflca%ions ~d ~ic~s of ~ use ~pany~ I~ ting of ~ree ~ges, ~as marked ~ ~hibit ~7 ~- G~O~ YOur ~onor, I ~uld like after ~ next witness. We'd tik~ to ~t out ADEPT COL~RT REPORTING SERVICE 1 2 3 5 6 7 8 9 1] 12 13 14 15 16 17 18 19 2O 22 23 24 25 the record? A My name is Ellis Koch. I live at 21 Erie A I r~iv~ a b~Io~ of s~ence ~gree Br~tyn C~lie~ ~ a ~st~r of s=l~ue fr~ Virginia Poly- Ar~ you a ~r of any professional association Yes, I am. I am a member Of I~ation~i Wa~el~ti A A With what company? ADEPT COURT REPORTING SEtl¥ICE 71 CONIERFC KD S2R.EET PORT jEFFERSON STA., N.Y. 11776 5161 928-3596 4212~ 926-7804 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A for the SuffoLk County Departme/~ of ~T~ironmental ~ontro~, what ~eme your duties? ~ d~i~S ~re ~ p~vid~ ~ ~ydrOgeOIogical ~ ~ral, ~d ~e info~a~ion E provi~d ~s=~d the ~d wa~ ~a~Iitp ~nd q~ty of $~ff~lk ho~ i~ ~ affec~ by various land ~t3/dy Of th~ ~o~ Fork? A A Yes. it did. Specifically. Nassau ~int? In general, I studied the water you empl~ et~w~ ADEPT COURT REPORTING SERVICE 71 COMERFOKD STREET. PORT JEFFERSON ST~ N.Y. 11776 ~61 928-3596 212~ 926-7804 1 2 3 5 6 7 ~8 .9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what iS the fc~us of your employment? manage~ who di~ts %he v~riouz st~i~s I ~ a proJe=t ~f 'varlo~s i~strial lan~ u~ or to d~.~al~p water ~upplies f~r va~ious m~nicipali- A ~adied Long tala~d ground water I'd like to submit ADEPT CO~:'RT REPORTIN-G SERVICE 71 COMERFORD STREET. PORT tEFFERSON STA N.Y. [1776 {516' 928-3596 ~212) 926-7804 1 2 3 4 5 6 7 9 10 11 12 13 1.4 15 i6 17 18 19 20 21 22 23 24 25 A YeS, t have. Q }k~, to~kisg at ~his p~a~ coul~ you tell us If, in ~our opinion, the pr0p~se~ ~r~dging %~i~i i~ am~ fresh water~ gz~u_~ %~ater S~pp!les in ~h~ A I AD~[ TM COURT REPORT~ S~' J 71 CO~ERFOkD STREET PORT ~P~RSON STA., N.Y. 11776 (516) 91S-339.. 6 (212) 926-7804 j 1 2 3 4 e~'-''~ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Q d~e -- ~he wo~ ~at'm ~in~ pro~s~ to be dona in the dredg~ i~ work ~at ~ro~n~ng~ an~ ~ ~a~ ~ pr~osal of ~ree feet, ~d a~so not~ ~at ~e existing de~h goes fr~ a me~ tow of .~4 feet ~ one lOca~on to ~ averse dep~h~ i~ca~g mo~t :~f th~ area. ADEPT COURT REPORTING SER%'ICE --~--~ ,.,~-- --71 COMERFORE STREET. POKI__ JEFFERSON_ STA.,__. ...... N.Y. 1~776 516)928-3596_ .__---'212) ----926'7804 '__ ! 2 3 4 5 6 8 9 10 11 12 ~3 14 15 16 17 18 19 20 21 22 23 24 25 deeper ~n %hat, a half a A Y~. I have. I ~ave ~eview~ S~ffolk ~un~y Deponent of ISland ground wateT situation in ar~as A Ye~ it is. ADEPT COURT REPORTING SERVICE 1 2 3 5 6 7 9 10 12 13 14 15 !6 17 18 19 20 21 22 23 24 25 of ~he pond~ if there bS~ ~r~i~g ~ro~ately a l~lf %o ~ ~-a~if feet? m~inla~d~ which is ~h~ fresh w~t~r falls. ~d ~he~ ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET PORT JEFFERSON $T2_ N.Y. 11776 516} 928-3596 2121 926-7804 1 2 3 4 5 6 7 8 9 10 '11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .in thec~"L v~ry A ~hick. ~E~a~ ark some of th~ major reasons for salt wa~ter i~trusions into ~hese p~riphe~! ~as~ ~r~ Koch? If %ihe p~mpi~ was incre~.sed. ADEPT COURT REPORTING SERVICE 5 6 7 8 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 if -~,-%ere~ ars more hom~s libri~? Certain types of ~r~dg!~ ~oul~ have ADEPT COURT _ ~ REPORTLNG SER~'ICE 7i COM~RFOKD STREET, PORT JEFFERSON STA N.Y 11776 ~516 928~3596 2121 926-780q 5 6 ,7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADEPT CO~T REPOR~'G SERVICE J 2 3 4 5 6 ~ 7 -8 10 11 12 13 14 ~5 16 ]7 18 19 20 21 22 23 24 25 s~rfa~ fresh Q ADEPT COURT REPORTING SERVICE 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first the g~n~rat direC~ien tha% gmoun~ Q ADEPT COURT REPORTL~'~G SERVICE 71 COMERFORD STREET PORT JEFFERSON STA. N.Y, 11776 1516 928-3596 ~212) 926-7804 1 2 3 4 5 6 7 ,8 9 10 11 12 13 14 15 1'6 17 18 19 20 21 22 23 24 25 ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET, PORT JEFFERSON STA. N.Y 11776 15161 9-28-3396 [212} 926-7804 1 ,2 3 4 5 6 7 8 9 10 ~2 13 14 16 17 18 1~9 20 21 22 23 24 25 all ~iff~ne ~o~io~: f~m I~'t there m ~p in ~0~ Yes. ADEPT COURT REPORTLNG SERVICE 71 COMERFORD STREET PORT JEFFERSON STA., N.Y. 11776 51~ 92g-3596 (212) 926-7804 ]3 ]4 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 ~!~ 8 9 1'0 11 12 ~at~r ~UPP%~ fr~ ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET PORT JEFFERSON STA. N.Y. 11776 (516} 928~3596 ~2121 926-7804 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 top ~f ADEPT COURT REPORTING SERVICE 71 COMEREOII. D STK]~E~I PORT JEFFERSON STA., N,Y. 11776 5t61 928-3596 2121 926-7804 2 4 5 7 8 9 10 11 i2 t3 14 J5 16 17 18 19 20 21 22 23 24 25 ADEPT COURT REPORTING SERVICE J 6 7 8 9 10 ]1 i2 13 14 15 16 17 18 20 21 22 23 '24 25 ADEPT COURT REPORTIxN-G SERVICE 7i COMERFOKD STREET, PORT JEFFERSON STA. N.Y 11776 5161 928-3596 1212J 926-7804 1 2 3 ~4 5 6 7 8 9 10 11 12 ~3 14 15 16 17 18 19 -20 21 2~2 23 24 25 ~i~h a ~ ~n one ~id~ a~_d a pond on th~ oth~.~ is ~ha~ ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET, PORT JEFFERSON STA., N.Y. 11776 (516) 928-3596 (212) 926-7804 ! 2 4 5 6 7 8 9 10 II 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 Q ADEPT COl JRT ~- . _ .- _ ~ I~EPOP~TL%~G ~ERVICE 3 5 6 7 8 9 10 12 13 14 15 16 '[7 19 2O 21 22 23 24 25 ADEPT COl JRT REPORTING SERVICE 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 ~9 20 21 22 23 24 25 pr~pese~ o~ ~h.iS ptalt, is the% going tO in ~. ~0, I hav~ nO ~r q~e$~ions~. t~e of s~il ~ ~ ~ttom of ~e ~n~? The type of solt in the right? [~]L:~. ANGEL,: It wonl~ if it wer~ clay? That wo~l~ retard migra~ion; corr~c%? ~: Have yo~ ~o~e any soil ~is parti~aI~pon~ea9 ~, I haVen~5. ADEPT COURT RI~JFORTING SERVICE 71 COMERFORD STREET. PORT JEFFERSON' STA. N.Y. 11776 {5161 928-3596 12121 926-7804 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHARLES NO furtke~ ~uestions. ~o further behalf of th~ Appli~an%, hav~n~ been sworn by ~he H~aring Officer, Upon ~ing ex~in~ ~es~fied as foilo~ ~ve do~e. ADEPT COURT REPORTLNG SERVICE 71 COMERFOR£ STREET. POR~ ~EFFERSON STA. N.Y. 11776 t5161 928-3596 t2121 926-7804 2 3 4 $ 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~lan~d ~ ~ cal~la~ ~a~ a~rox~atei~ !5O ~bio yara~ ~f ~e ~%eriai ~o~ld ~ve ADEPT COL'RT REPORTING SER~CE 71 COMERFORD STREET FORT JEFFERSON STA. N.Y. 11776 5161 928-3596 4212} 926-7gO4 2 3 6 7 8 9 ~0 12 14 ]5 16 ]7 18 ]9 2O 2~ 22 23 24 25 tt fi~, ~ I ~y ~hat wa~ one ~f of ~ slo~, and ~e on tP~ sIt~ ~lop~ to ~ ~t.f fee% ~n~ally~ so ~at ~ ~o~e O~ ~gi~ tha~ ~e're talk~n~ ~ ~at ~is proj.ect~ bY most ~edgin~ ADEPT COL~RT REPORTING SER~'ICE 2 3 -5 6 7 10 11 12 ]3 14 15 16 17 18 19 2O 21 2~ 2~ 24. 25 A i T DEP COURT t~FapORTING SEII¥ICE 8 9 10 11 ~2 i3 t4 ~5 16 ]7 18 19 20 21 22 23 24 25 ~ 2a7 c~nditio~s than ~-h~ Pl~ ~a~ %~s p~viousty ditiOn~ but in a While. DIRECT EX~4INAT~ot~ BY ~. t~ manner in which w~ ~e gO~ tO get to ~he dOck. ~Culd you e~abora~ ADEPT COURT REPORTING SERVICE 1 2 3 5 6 7 8 9 ]0 11 12 14 15 16 17 18 19 2O 21 22 23 24 25 A ~m, ~ ar~ I ~ink the ~ i~n~ ~ A a b~ke~ ~r cI~ s~%l ~ of ~eaq~q? ADEPT COURT REPORTING SERVICE 71 COMEKFORD STREI~T. PORT JEFFERSON ST~., N.Y. 11776 t5161 928-3596 12121 926-7804 2 3 4 6 7 8 9 10 11 1.2 13 14 16 17 18 19 2O ~2 23 25 i~ ~1~ certainly ~ a lot Ri~eS needed to bring a l~d ~S~ ~r~e tO ~t ~int though the H~ a~u-t ~he ~l~d areas? ADEPT COURT REPORTLN~G SERVICE 71 COME,FORD STREET POR'f ]EFFERSON STA., N.Y. 11776 (516) 928-3596 12~2 926-7804 '10 11 13 14 15 16 17 18 2O 2] 23 24 25 ADEPT COURT REPORTING SERVICE 71 COMERFOILD STREET, PORT JEFFERSON ST.a_., N.Y. 11776 (516) 928-3596 (212) 926-78Oz~ 1 2 3 4 5 6 7 8 9 I0 1t 12 i3 14 15 t6 17 I8 19 20 21 22 23 24 25 ADEPT COL'RT REPORTING SERVICE 71 COMEKPC KID STlkEET PORT JEFFERSON STA., N.Y. 11776 5161 92g-3596 1212} 926-7504 1 2 3 4 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 (indicatL~). ADEPT COURT R~RTLNG SERYICE 71 COMERFORD STREET, PORT ~FFERSON ~A., N.Y. 11776 (516) 928-359~ (212) 926J804 7~---'I~` j 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A~ ~ s~rveyor? &DEPT COURT REPORTING SERVICE 71 COMERFOP,.D STREET, PORT JEFFERSON STA. N.Y. 11776 D16 928-3596 r2121 92¢7804 :J 2 3 4 5 6 7 8 =9 10 12 13 J4 15 16 17 18 19 20 21 22 23 24 25 ADEPT COL~RT REPORTING SER}'ICE 4 5 6 7 9 10 ]2 14 15 16 17 18 19 2O 21 22 23 24 25 ADEPT COURT REPORTING SERYICE 71 COMERFORD STREET. PORT JEFFERSON STA. N.Y 11776 316) 928-3596 2121 926~7504 I 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 25 ADEPT COURT R~ORT~G SERVICE 71 CO~KPORD SI~EHT PORT JEFFERSON ST)~ N.Y. 11776 ~6~ 928-3596 ~212S 926-7gO4 1 3 r~%, ? 8 10 11 12 13 15 16 17 18 19 20 22 25 ADEPT COS'RI REPORTIS-G SERVICE 7t CO~RFORD STREET PORT JEFFERSON STA N.Y. 11776 516~ 928-3596 ~212} 926-7804 1 2 3 ~4 5 6 7 9 10 11 13 14 15 16 17 18 19 20 2I 23 24 25 ADEPT COURT REPORTI~-G SERVICE 71 COMERFORD STREET, PORT JEFFERSON STA., N.Y 11776 (516 928-3596 /212 926-78Oq J 1 2 3 :4 5 :7 8 9 10 11 12 13 14 15 16 17 18 t9 20 21 22 23 24 25 ADEPT COURT REPORTI2qG SERVICE 7i COMERFOKD STREET PORT JEFFERSON STA., N.Y. 11776 5ltl 928-3596 212~ 926-7804 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADEPT COLVRT 'REPORTIING SERVICE 71 COMEILFORD STREET, PORT JEFFERSON STA N.Y. 11776 116' 928-3596 12121 926-7804 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 20 2I 22 23 24 25 A ADEPT COURT REPORTI~G SERVICE 71 COMERF©RD STREET. P©~T JEFFERS©N STA. N.Y. 11776 13161 928-3J96 1212~ 926-7804 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 2t 22 23 24 25 A ADEPT COURT REPORTIh~G SERVICE 71 2OMERFORD STREET. PORT jEFFERSON STA N.Y 11776 /5161 928~3596 2i21 926-780, i 2 3 4 5 6 7 8 9 10 1t 12 ~3 14 15 16 17 18 19 20 21 22 23 24 25 map? ~pe~di g ~ d~p~%. ~at w~ handts th~ prst~.~ much ~he same. ADEPT COURT REPORT1T~G SERVICE 71 COMERFOR.D STREET PORT ~'EFFERSON STA, N.Y. 11776 5161 928-3596 212 926-7804 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1':) :20 21 22 23 24 25 ADEPT COURT REPORTIS;G SERVICE COMERFORD STREET. PORT JEFJ:'ERSON STA.. N.Y. [1776 5161 928-3596 12121 926-7804 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADEPT COURT REPORTI~G SER~'ICE 71 COMERFORD STREET. PORT JEFFERSON STA. N.Y 11776 515 928-3596 ~212) 926-7804 2 3 4 5 6 7 8 9 10 11 12 13 14 ~15 16 17 18 19 20 2'1 22 23 24 25 ADEPT COURT REPORTING SERVICE 71 COMERFORD STREET. PORT JEFFERSON ~TA. N.Y. 11776 I)16 928-3596 (212~ 926-780~ 1 2 3 4 5 6 7 8 9 'JO 11 ~2 13 14 15 16 17 18 19 20 21 22 23 24 25 ADEPT COURT REFORTING SERVICE COMERFORD STREET PORT ]~FFE~$ON 5T2_.~ N.Y. 11776 1~161 925-3596 12121 926-7804 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 - 17 18 19 2O 21 22 23 24 25 ADEPT~COURT ~PORTING SERVICE 71 COMERFORD STREEt, PORT ~FFERSON STA., N.~. 11776 (516) 928-3596 (212) 92~7804 j 1 2 3 4 5 6 7 8 10 12 13 14 15 J6 ~7 18 19 20 21 23 24 25 ADEPT COURT REPORTING SERVICE 2 3 5 6 7 8 10 11 ~3 14 15 16 17 18 19 2O 21 22 23 24 25 ~5 575 ADEPT COURT REPORTING SERVICE 71 iOMEKFORD STREET PORT JEFFERSON STA. N.Y. 11776 15161 9283596 2121 926-7804 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ray 25 &DEPT COL'RT REPORTING SEI~WICE HENRY P. SMITH. President JOHN M. BREDEMEYER. Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRDPSKI, JR. ELLEN M. LARSIgN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Sonthold, New York 11971 TELEPHONE (516) 7~5-I892 May 29, 1987 Me. ~rles Bowqnan Land Use Company North Country Road Box 361 Wading River, New York 11792 Re: Daniel Silverman - Permit No. 260 Dear Mr. Bowman: Your recent request to extend the above referenced permit has been reviewed at the Trustee meeting held on May 28, 1987. Your request has been approved by resolution, adopted at this meeting for one year. Your permit,will expire on May 28, 1988. This letter is an amendment to the original permit anH-as such, shall be attached thereto. Ail other terms and cdnditions remain as written in the original permit. Very truly yours, Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars~ Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board o~Appeals File ~ N. COUNTRY RD. · BOX 36~ WADING RIVER, N.Y. n792 (5,6) 929-3575 Kay 7, 1987 Board of Trustees Town of South~ld Town Hall, 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Mrs. Re: Permit Daniel Dear Ilene: Enclosed please issued for this Ilene Pfifferling Extenstion Silverman find one copy of the N.Y.S.D.E.C. permit project. Said permi.t contains a window during which dredging operations are authorized (dredging can begin Sepgember and must be completed by March ~5). Therefore, please extend the Town permits to allow the completion of the dredging operation durin§ 1987-88. An extension was issued by the Board on April 29, 1987 which does not reflect the D.E.C. window. Kindly amend same. r~y Yours, Charles W. Bowman CWB/te Enc. New York State Building 40, Stat Stony Brook, .NY ($16) 751-7900 ~t794 Hen~' G W~ll~ama ~mm~c~ne~' Mr. Daniel Silverman...- 30 Stoner AVe. Great Neck, .N. Y~ It~21 1986 RE: PEP~IT ~10.~ t0-83-0426 Dear Mr. Silverman: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its .implementing RegUlations (6NYCRR_Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any condi- tions, please contact the Regional Regulatory Affairs Office, Department of Environmental Conservation, State University of York at Stony Brook, Building 40, Stony Brook, NY 11794. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather. Very =rut.y~yours, . - Charles T. Hamilton Alternate Regional Permit Administrator CTHr, rw 10-83-0426 ~r'~Atticle 1S. Title S: Protection of W~ter [~^Kicle 1S. Title 15: Water SUl~l¥ 0 0 PERMIT Under file Environmental ¢omervation Law ['~A~ticle 17. Titles ?. 8:. SPDES ~]^rticle 19: Air PollutiOn Confml , ~:~Articie 23. Title 27: Mined Land 2/:~6/86 12/3~787 ~]Article 2~'. Title.7:. Solid Waste Management l~lArticle 27. Tige 9: Hazardous Waste Management M -- Modificati~ Apl~icable] 37; 6NYCRR 3~0: Great ~Teck, I~.Y. 11021 .Country Rd.,Box 361,~ading l~ver,~ 11792 TOWNICITY/VlLLAG~ Southold open pfle 15 in area and dredge to 3' belov 9t mfr~t, mum bottom in and TELEPHONE NU.~.BE R 929-3575 UTM COORDINATES docks not co area GENERAL CONDITIONS ~ith ~ ECL all a~ ~b~ a~ ~ ~i~ ~ ~ m a~ ~. I .B~T]SSU~C~O*~ ~ I-~i~A~f~'~ AOm~S Bldg*40,S~,Room 219 ~2/2b/~6 , )~arles T. Ha~lton [ SCour Brook,~ II?~ J ~IHORIZE~I~AT~[ [ ~- _~0 ~a~ ~t ~u~e a~ratmns by ~e S~t~ of ~ YO~ :r~U~ an ~- d. aid ~ en~n~ee the health, s~eW ~ we~a~ of 5tire. and iL upon the ~xplrellon or sm~ctu~e, fill. excavation. M othe~ be caused bY or result from, future opera,toe's:undertaken by the State for the conservatio~ ot :reprove. meet ot nav!getm~, oi for other Pumoses..and aa ClILn~ Of r~ghf.tO compensation shall e~crue from any such d~male 12. That ,f.the d~spley o) hiRts end a~gna'ls on~lny.work,hereby euthMi~ed is not otherw~= provided for by. law. suc~ hihts end s~gne s,as may be p~ctlbed by' th~;Un'ited States.~o~st ~uard shall be (nttaHed:and maintained. 13 other the pmj~cL 0 15 If a~y mate~aJ ~s ~o bedel~sited e 16 ~ bv~d~e work 17. ~e- 19. wrth trw,apl .~e .~e~ plans submBtted by the apphcant or h~s agent ds part of the berm:t~eppbtahon. Such a p~ by on 5/16/85 SPECIAL CONDITIONS 1. Dredging shall only be conducted by a hydraulic dredge be~reen September 15 and ~arch 15. 2. No tic[ne vet. lands are to be disturbed durfn8 the course of regulated actlv~tles. 3. Catwalks shall be constructed a attnimum of 3~ abo~e grade over vegetated tidal wetlands. ~. Prior to tns~alla~ion o~ dock perm/tree shall submit final plans for approval to the Alternate Regional Permt~ Admiats~rator. 5. Prtbr to eo~anencemen: of dredging perm/tree shall submit detailed plan of dredge spoil disposal area of an upland area for final approval. Supplemencary Special Condi~ions (A) ~hrou~h (J) a~ached. Additional Supplementary Special Conditions ~K), (M} and (P) a~ached. 10-83-0426 HENRY P, SMITH, President JOHN M. BREDEMEYER. Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TO14q'q OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 29, 1987 TELEPHONE (516) 765-1892 Charles W. Bowman Land Use Company N. Country ROad Box 361 Wading River, New York 11792 Re: Daniel Silverman - Permit No.260 Your recent request to extend the above referenced permit has been reviewed at the Trustee meeting held on April 29, 1987. Your request has been approved by resolution, adopted au this meeting for s period of six months. Your permit will expire on August 27, 1987. This letter is an amendment to the original permit and as such, shall be attached thereto. All other terms and conditions remain as written in the original permit. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advi~Council Bldg. Dept. · FileB°ard ~/~Appeals N. COUNTRY RD. · BOX 36~ WADING RIVER. 'N.Y: n79= (5t6) 9=9-3575 lown o{ Sou~oZd ~x~en~Lon o~ Soat~oLd, ?Zea~¢ 6¢.advL~ed ~a~ wor~ o~ tile above mentLoncd ?ermLt ~¢ar~ at~acfi anc{'~e ?ro]¢c~ waa no~ completed, I rcmakn, ~ebruary 28, 1986 Mr. Charles Bowman The Land Use Company N. Country Road Box 361 Wading River, New York 11792 Re: Daniel Silverman - Wetland Application No. 314 Dear Mr. Bowman: The following action was taken by the Board of Trustees at a regular meeting held on February 27, 1986 regarding the above. Moved by Trustee Bredemeyer seconded by Trustee Goubeaud WHEREAS, The Land Use Company on behalf of Daniel Silverman applied to the Southold Town Trustees for a permit under the provisions of thw Wetland Ordinance of the Town of Southold, application dated September 18, 1985, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recon~endations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said app~lication on February 27, 1986 at which time all interested persons were given an opportunity to be heard, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area; and, WHEREAS,. the Board considered~all~.testJ3aony and documentation submitted concerning this application; and, WHEREAS, the Board has determined that the pro3ect as proposed will not affect the health, safety, and general welfare of the people of the Town, NOW, THEREFORE, BE IT ~ RESOLVED that the Land Use company on behalf of Daniel Silverman be GRANTED PERMISSION under the provisions of the.Wetland Ordinance of the Town of Sodthold, New. York.all i~.accordance, with the application submitted, With the.p~ovision.that.an~additional inspec.tio~ is to be sched~t!ed by the~Bay ConstsJ0.le.to determine.if there.are a population of Eel Grasses, ~nd at the discretion Of the Bay Constable the TOWN OF SOUTHOLD ,BOARD ,OF SOU:I'HOLD,TOWN ~TRUSTEES ~NDS PERMI~ ~ ~.. ,~.~ ~kis ;~,e~aqd, s.'Pe',r, mit,,No, _.2.6.Q. ~,~,~,. l~as~been ~gnted by ~e ~own~ T~stees~ a~cord Og to,~ ani~. ~a~ F 8.6 ..... ~...,? ....................... 0n ......¢-~.,,..~ ..... 19 ........ A ~p ~ the ~p~ed ~ork wdl be kept ~/~[e,~n ~e$ TruCe O.~fi,ce under the apphca{~on ~b~en~,~ ,, :~ ' Perm~ granted to do the following work .;..?..o.,...c..o..~...s.~.~.¢'.,.~ × L ...x.... Location of property on, which work to orle Wunnewe;ta'LRoad , l~a:s~u be d ............. ;,..; :~...~,.,r. ,~... ?..~ .,,, ....... ; ....... ~.~.;~.~,, ............. Cutcho.~.ue, .N..ew York. 1193.5.. Creek, Bay'br Harbor fronting property ...,W..,~. ~.~..e.,w..e...t..~....?.,o.,~.~ ............................................................. Size of work: Length ....... .2.~.~.~.~.~.~.'~..e~.~.~..~..~.~.`~.~.~.~5.:....:~pJp`9~..2.~.~'...;~.~`Q~`~.~.~D.c~.~.(~)..~.~ do Width ......... ?.....~...J: .~...e.~...~ ,o., .c~.~........5. :.....~. ~.......8..'.... ~,.l.?., ,a~. j:..~..g....~.o..~ ~....( ,~,)....~..... rio, Height Above High Water .~../A. ................................................................................. L.. Depth Below Low Water 3 ' Yards to be Excavated .....]:..5..0....c.?}..:.,..y...cl;?..: ..................................................................... Yards to be Filled backhoe with crane Manner in which material is to be removed or deposited .............. Intended use of property Residential Conditions ~, Additional in~,?.ection ~o be scheduled .b.~. the Ba. Constable to determine if there are a population of Eel crasses and at the (see reverse) Expiration Date .F..e...b..r..,u..a..r.z .2.!.. ,1..9..8..7..i..f...w...o..r..k. bA.s...,,n.o...t....c...o...m~....e..~.c.,e.d...by....$,~i.d...d~%.~. · 2-Trustees are to be notified Number of inspections Required ........................................................................... of the work. Inspection Fees ......... .~..5. :...0..0... ~. a i..d. ............................................................... Liability Policies in the Amount of ...~ .................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town acceots no resoonsibil[ty in applying for or obtaining such approval. In the even~ that SUCh approval is necessary, the holder of this permiz shall not commence operations here- uneer un til such adp 'oval has been obtained in writing. The failure to obtain such other approval when required shall suoject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or municioal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for ooerations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officer._, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by ~is permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure thetsuch operations are bein0~ con- ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B, Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E, Increase the danger of flood and storm-tide damage. F, Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H, Weaken or undermine the lateral support of other lands in the vicinity, I, Otherwise adversely affect the health, safety and general welfare of the people of the town. Signed ................ - ..--.-.---~ President Board 'of Southold Town Trustees ................ CONDITIONS CONTINUED: discretion of the Bay Constable the applicant should make a reasonable attempt to transplant. Site to be determined.