HomeMy WebLinkAbout51869-Z TOWN OF SOUTHOLD
' BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 51869 Date: 04/24/2025
Permission is hereby granted to:
1420 Smith Dr LLC
6615 Main Rd
Mattituck, NY 11952
To:
construct accessory garage as applied for per ZBA&DEC approvals.
Premises Located at:
1420 Smith Dr S, Southold, NY 11971
SCTM#76.-3-10.1
Pursuant to application dated 04/18/2025 and approved by the Building Inspector.
To expire on 04/24/2027.
Contractors:
Required Inspections:
Fees:
Accessory-New Structure $620.00
CO Accessory $100.00
Total $720.00
I-Sa
ding Inspector
y FIT::ry
� aa,r TOWN OF SOUTHOLD—BUILDING DEPARTMENT
40
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
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Telephone (631) 765-1802 Fax (631) 765-9502 htt :�r'www.soutlaojdtuwxl oar
Iwo
bate Rece6Aa '
APPLICATION FOR BUILDING PERMIT '.
[ i 4 - WW r
For office Use Only
�• ",gyp �g
PERMIT NO. Building lnspector: MAY 8 2024 �
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an^ i
Owner's Authorization form(Page 2)shall be co mpleted.
cc ot
Date: May 7, 2024
O'U' NER($)OF,PROPERTY: "
Name: 1420 Smith Drive LLC ESCTM # l000-76-3-10.1
Project Address:1420 Smith Drive Southold NY 11971
Phone#:
631-298-4545 Email: gary@nfay.com
Mailing Address: 6619 Main Road, Mattituck, NY 11952
CONTACT PERSON:
Name: Abigail A. Wickham
Mailing Address:PO Box 1424, Mattituck, NY 11952
Phone#:631-298-8353 Email:awickham@wbglawyers.com
DESIGN PROFESSIONAL INFORMATION:
Name: Martha Lane, Bacon Lane Architect
Mailing Address:378 KENT ROAD SOUTH CORNWALL BRIDGE, CT, 06754
Phone#:(201 ) 697-5774 Email:martha@baconlanearch.com
CONTRACTOR INFORMATION:
Name: TBD
Mailing Address:
Email:
Pho
ne#:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ®Alteration ❑Repair ODemolition
Estimated Cost of Project:
❑Other
Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ❑Yes INo
PROPERTY INFORMATION
Existing-dse of property: Residential Intended use of property:Residential
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
this property? ❑Yes ®No IF YES, PROVIDE A COPY.
R_^O
❑ Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone
Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings,
additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,
housing code and regulations and to admit authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are
punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
Application Submitted By(print na
Abigail A. Wickham MAuthorized Agent []Owner
Signature of Applicant:
Date: May 6, 2024
STATE OF NEW YORK)
SS:
COUNTY OF New York
Abigail A. Wickham being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the Agent
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his/her knowledge and belief; and
that the work will be performed in the manner set forth in the application file therewith.
Sworg befolre me this
May, 24
day of Y 20
N ota rAlQir*ChNLAIJH'TCFk
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01SCS039767
Oulaolifaed in Suffolk County
PROP R OWNER. A'I.1THORIZ T1100 mission Expires February 27,20
(Where the applicant is not the owner
Gary J. Salice, Member of 1420 Smith Drive LLC residing at 6619 Main Rd, Mattituck, NY c/o GJS
I,
do hereby authorize
Abigail A. Wickham to apply on
my behalf to the Tow 'So)
fSo/ h ilding Department for approval as described herein,
J02
date
ner's Signature
Gary I Salice, Member
Print Owner's Name
2
BOARD MEMBERS �q Dfr Southold Town Hall
Leslie Kanes Weisman, Chairperson ' +'",, 53095 Main Road •P.O. Box 1179
Southold,NY 11971-0959
Patricia Acampora Office_Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. ` , 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809
October 8, 2024
CT 2024
Abigail A. Wickham 0
Wickham, Bressler & Geasa, P.C.
P.O. Box 1424
Mattituck, NY 11952
Re: De Minimus Request, File#7916
1420 Smith Drive, LLC
SCTM No. 1000-76-2-10.1
Dear Ms. Wickham; 7L .-3 -10• )
We are in receipt of your correspondence,dated October 4,2024,requesting a de minimus approval related
to ZBA determination#7916, dated June 20, 2024, in which several variances were granted to allow the
demolition(as per Town Code definition) and reconstruction of a single-family dwelling and an accessory
garage.
In your letter,you explained that the New York State Department of Conservation (NYSDEC) has asked
the applicant to increase the area of the wetlands on subject lot by 810 sq. ft., as shown on the amended
site plan that you provided, which resulted in a decrease of the buildable area by the same amount; and
has therefore, increased the Gross Floor Area by 60.8 sq. ft.
I have reviewed your request, the copy of the Site Plan last revised September 13, 2024, and engineered
plans depicting the increased wetlands and proposed bulkhead dated October 1, 2024 that you provided
to the NYSDEC. I have determined that your request for an additional 60.8 sq. ft. of GFA is de minimus
and reasonable since the site changes are beneficial to the natural environment.
Please note all conditions of approval shall remain. Submit two (2) fully amended, dated, signed and
sealed Site Plans/Surveys depicting the site changes, and contact our office if you have any further
questions.
SiLKanes
Weisman, P,iairpperson
cc: Building Department
LAW OFFICES
WICKHAM, BRESSLER& GEASA, P.C.
13015 MAIN ROAD,P.O.BOX 1424
MATTITUCK,LONG ISLAND
ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02)
ABIGAIL A. WICKHAM 631-298-8353
TELEFAX NO.631-298-8565
October 4, 2024
Town of Southold Zoning Board of Appeals �c
53095 Main Road P.O. 1179 OCT 7 2024
Southold,New York 11971
ZONING BOARD t3FAPPEALS
Re: Owner: 1420 Smith Drive,LLC Appeal No. 7916 ("Variance")
Premises: 1420 Smith Drive, Southold,NY 11971 SCTM # 1000-76-2-10.1
Ladies/Gentlemen:
In the course of pursuing its application to the DEC for waterfront structure improvements,
the owner was required to make certain changes which slightly affect the Variance approval.
Therefore, we are writing to request a minor modification to the Variance which would increase
the GFA over the permissible GFA figure from 3%, 146.37 feet, which you approved, to 4.3%,
207.15 feet. We respectfully ask that you consider this a de-minimis change to the third variance
under the Variance.
The applicant has been actively pursuing his Health Dept., DEC and Trustees applications for
the project. He has removed the pool enclosure on the waterside, and has submitted information
to the Building Department demonstrating that the project qualifies as a renovation and not a
demolition under the Code. The Building Department has advised the applicant that its figures
are acceptable for the renovation classification. He has obtained his Health Department
approval. The DEC permit has been approved and he is waiting for it to be issued. The Trustees
application is pending.
The specific reason for this de-minimus request is that in the course of the DEC application,
the DEC asked the applicant to increase the area of the wetlands by 810 sq. ft., as shown on the
attached maps A-1 and A2. A portion of the existing waterfront lawn on the west side will be
removed and replaced with new Spartina grass, a new retaining wall further landward will now
form the boundary of the expanded wetlands, and 810 additional square feet of Spartina grasses
will be planted in order to widen the band of wetlands along the shore and improve the health of
the marsh area. This reduces the buildable area of the lot by 810 sq ft to 36,226.1 sq ft., resulting
in a inodest increase of 60.8 feet in the excess GFA, a 1.3% increase in the excess GFA: 3% to
4.3%, or 146.35 sf to 207.15 sf.
We ask that this increase be accepted as appropriate for revision of the #3 variance relief.
Thank you for your consideration.
Very truly yours,
,4e�de,4, W!/"xam
Abigail A. Wickham
Encl: New Plan 9/13/2024; DEC Map 8/13/2024.
October 8, 2024
Town of Southold Zoning Board of Appeals
53095 Main Road P.O. 1179
_77
Southold, New York 11971 OCT 8 Z074
ZONING BOARD OFAPPEA .S
Re: Owner: 1420 Smith Drive, LLC Appeal No. 7916 ("Variance")
Premises: 1420 Smith Drive, Southold, NY 11971 SCTM # 1000-76-2-10.1
Ladies/Gentleman:
This letter is in reference to the letter submitted by Abigail Wickham on 10/4/24,
regarding a de-minimus change to ZBA application #7916. Please see the accompanying
original signed/stamped site plan, together with prints of the A-1 and A-2 drawings submitted to
the DEC, that depict the changes as set forth in the letter dated 10/4/2024.
Thank you for your time and consideration.
Sincerely,
Gary Salice
` �� so
BOARD MEMBERS Southold Town Hall
53095 Main Road • P.O. Box 1179
Leslie Kanes Weisman, Chairperson "`" „» Southold,NY 11971-0959
Patricia Acampora flacc, Locat'fon:
Eric Dantes Town Annex/First Floor,
Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ®U '� Southold,NY 11971
RECEIVED
http://southoldtownny.gov w �:
ZONING BOARD OF APPEALS JUN 2 5 2024
TOWN OF SOUTHOLD
Tel. (631) 765-1809 9w-
Southold Town Clerk
,`t r
JUN
2 5 2024
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 20, 2024
kl
ZBA FILE: #7916
NAME OF APPLICANT: 1420 Smith Drive LLC SCTM No. 1000-76-3-10.1
PROPERTY LOCATION: 1420 Smith Drive, South, Southold,NY
_SF R D 1 RMIN_ Tl4`1N: The Zoning Board of Appeals has visited the property under consideration in this
falls under the Type II category of the State's List of Actions, without
application and determines that this review
further steps under SEQRA.
1IF1�[:I C(":_I.111.I"Y AI '1 [INC° "1 I.1 "f t F� This application was referred as required under the Suffolk
-14 to 23, and the Suffolk County Department of Planning issued its reply
County Administrative Code Sections A 14
dated 3/15/2024 stating that this application is considered a matter for local determination as there appears to be no
significant county-wide or inter-community impact.
LWRP I L I 1 k mM1N;A AXI : This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code. and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated May 17, 2024. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this departnrenk,as well as the records available,
it is recommended that the proposed action is INCONSISTENT with LWRP' policy standards aoaal the�cfore f .
INCONSISTENT with the LWRP. The LWRP labels the project as inconsistent due to the partial location of the
property within a FEMA AE Elevation 6 flood zone. The proposed additions and alterations are located in an X
flood zone. However, with the conditions imposed herein, the Zoning Board now finds the proposed action to be
CONSISTENT with the LWRP.
PRl7f'EI TY I"'AC 1 SJ C IRj.g"�(N_�° The parcel is a non-conforming 37,376.70 square foot waterfront parcel
located in an R-40 Zoning District. The parcel runs 162.48 feet of bulkhead frontage along a dredged canal, runs
271.92 feet on the west side, runs 220.06 on the north side along Smith Drive South, and 220.06 feet on the east side,
The parcel is improved with an existing two-story frame dwelling and a shed. All is shown on a survey prepared by
Kenneth W. Woychuk L.L.S., last revised May 2, 2024,
B SI I A 1 L[K,A`I"I.ON: Request for Variances from Anicle XXIII„ Section 280-124; Article
' "1 Section
2'; 0-2 m
.07A(l)(d); and the Building Inspector's February 5, 2024, Aestded February 27,2024 Notate oI"Disapproval
based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family
dwelling and an accessory garage„ 1) located less than the code required minimum side yard setback of 15 feet; 2)
located' less than the code required rninimuin combined side yard setback of 35 feet; 3) gross floor area exceeding
pennitted rnaxirrIum square footage for lot containing up to 40,,000 square feet in area, located at: 1420 Smith Drive,
South, Southold,NY. SCTM No. 1000-76-3-10.1.
Page 2, June 20,2024
#7916, 1420 Smith Drive, LLC
SCTM No. 1000-76-3-10.1
RELIEFI ,( J:x., EE�D- The applicant request a variance to demolish as per Town Code,and reconstruct a dwelling
that will result in 1) a side yard setback of 1 1.3 feet where town code requires a minimum 15-foot side yard setback.
2) A combined side yard setback of 33,7 feet where town code requires a minimum 35-foot combined side yard
setback, and 3)) a Gross Floor (GFA) area of 5,024,1 square feet where town code permits a maximum GFA of
4,877,70 square feet resulting in 146.35 sq. ft,, over the permitted GFA.
NAL INI-`Qt�MA�JJIO
A11L t1q support of the application the applicant submitted ZBA file 4 6952 dated June
�fl —
22, 2016 approving a garage Modification with a 1.9-foot side yard setback and legalizing an accessory shed with a
non-conforming side yard setback located at 1540 Smith Drive.
FINDD LNGS QF._EAQf R 1' / "n A 0 RQ_AL1QN
,,A_s
The Zoning Board of Appeals held a public hearing on this application on June 6, 2024 at which time written and
oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and
surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
I Grant of the variance will not produce an undesirable change In the character of the
neighborhood or a detriment to nearby properties. The neighborhood is a waterfront neighborhood consisting of
,single family properties. The house is an older home that has an existing non-conforming side yard setback. The
proposed n(:)II-conforming Gross Floor Area (GFA) is only 146.35 feet over the allowed maximum GFA. The
proposed re-construction of the existing dwelling is characteristic of a renovated home in this neighborhood.
2. The benefit sought by the applicant for the non-conforming single side yard setback
can I not be achieved by sorne method, feasible for the applicant to pursue, other than an area variance. The single side
yard setback is existing. The benefit sought by the applicant for the non-conforming combined side yard setback and
non-conforming GFA could be achieved by conforming to the code.
3. The variances granted herein for the single side yard setback is mathematically
substantial, representing 2 5% relief from the code. However,the single side yard setback is existing. "I"he variances
Oranted herein for the combined side yard setback is not mathematically substantial, representing 4% relief from tile
0 ing GFA riot math ern atical ly substantial, representing 3%
code. The variances granted herein for the non-confonrl
relief from the code.
4 urwpa x26T b b No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions In the neighborhood. The
applicant must comply with Chapter236 of the Town's Storm Water Management Code.
C�
5. Town Law §267-b�b �5 . The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Grant of the requested relief is tile minimum action necessary and adequate to enable the
applicant to enjoy the beilefit of a reconstructed dwelling while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
actors and applying the balancing test under New
IIONL�l' THE. — — C,
Aj�D- in considering all of the above factors York Town Law 267-B,motion was offered by Merilber Dantes, seconded by Member Planamento, and daily carried,
to
Page 3, June 20,2024
#7916, 1420 Smith Drive, LLC
SCTM No. 1000-76-3-10.1
GRANT the variances as applied for, and shown on the Architectural Plans prepared by Martha B. Lane, Architect„
last revised May 22, 2024 and labeled A-300, D-100, A-101, A-102, A-200, A-201and survey prepared by Kenneth
Woychuk, L.L.S., last revised May 4, 2024.
SLbII IECT TO "IIE FOLI OWING CONDITIONS:
1. The applicant shall install an Innovative Advanced (I/A) Septic System approved by the Suffolk County
Department of Health Services.
2. The applicant shall receive a Wetlands Permit from the Town of Southold Board of Trustees.
This approval shall not be deemed effective until the required conditions have been met. At the discretion of the
Board of Appeals,failure to comply with the above conditions may render this decision null and void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
IMPORTANT LIMITS ON THE APPROVAL 1,S GRANTED HERE
Please head Carefull
Any deviation from the survey, site plan andlor architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein,, will result in delays andlor a possible denial by the Building Department
ofa building permit andlor the issuance of a Stop Work Order, and ntay require a new application and public
hearing b f ore the Zoning Board ofAppeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings,rite plan andlor survey
cited above, such as alterations,, extensions, demolitions, or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving nonconformities under the Zoning code. This
action does not authorize or condone any current orfuture use, setback or other feature of the subject property
that may violate the Zoning Code, other than such uses,setbacks and outer features cts care expressly addressed to
this action.
TI1"t<IE LINUTS ON`I"IIIS APPROVAL: Pursuant to Chapter 280-I4 (B)of the Code of the Town of
Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of
Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County
Clerk,within three( )years from the date such variance was granted. The Board of Appeals may, upon
written request prior to the date of expiration,grantt an extension not to exceed three(3) consecutive one(I)
year terms. IT IS THE PI OPE'II TY O RESPONSIBILITY TO ENSURE COMPLIANCE WITH
TIIE of ODE I IIgED TIME FRAME DES IUBED HEREIN. Failure to comply in as timely manner
ma result in the denial b the Building Department Certificate of Occupancy, nullify the approved
„ ,� g ,p t of a
variance relief,and require a new variance application with public hearing before tlrc Board of Appeals
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento, Acampora and Lehnert. (5-0)
„ml es lie Kara Weisman, Chairperson
Approved for filing 6 / � /2024
a
KATHY HOCHUL
NEW Department of Governor
5"fATE Environmental AMANDA LEFTON
Conservation Acting Commissioner
March 27, 2025
1420 Smith Drive LLC EC'm E ll
WEE
6615 Main Road
Mattituck, NY 11952
r. A P R 2025
Re: Permit ID 1-4738-03458/00007 µ
1420 Smith Drive LLC Property Suildhip D�pa Brat
1420 Smith Drive TOW81 of &dhoid
Southold
SCTM # 1000-76-3-10.1
Expiration Date: 3/26/2030
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act (Article 70,
ECL) and its implementing regulations (6 NYCRR, Fart 621) we are enclosing your
permit. Please carefully read all permit conditions contained in the permit to ensure
compliance during the terra of the permit. if you are unable to comply with any conditions,
please contact us at the below address..
Also enclosed is a permit sign which is to be conspicuously posted at the project site
and protected from the weather, and a Notice of Commencement/ Completion of
Construction form.
Please be advised that this permit does not relieve you of the responsibility of obtaining
any necessary permits or approvals from local municipalities or other agencies.
Sincerely,
J"e i.
Environmental Analyst
Distribution List:
Dru Associates
BMHP
File
Division of Environmental Permits, Region 1
50 Circle Road, stony Brook, NY 11790 1 dec.ny.gov I dep.r1@dec.ny.gov 1 (631)444-0365
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
PERMIT
Under the Environmental 1 Conservation Law
Permittee and Facility Information
Permit Issued To: Facility:
1420 SMITH DRIVE LLC 1420 SMITH DR LLC
6615 MAIN RD 1420 SMITH DR SISCTM# 1000-76-3-10.1
MATTITUCK,NY 11952 SOUTHOLD,NY 11971
Facility Application Contact:
DRU ASSOCIATES, INC.
11 SALISBURY DR N
EAST NORTHPORT,NY 11731
(516)732-0036
Facility Location: in SOU"ITIOLD in SU FOLK CONY
Facility Principal Reference Point: NYTM-E- 716.278 NYTM-N: 4547.002
Latitude: 41002143.9" Longitude: 72°25'362"
Project Location Lagoon off of Goose(.reek
Authorized Activity: Construct additions to the existing single family dwelling,abandon existing
sanitary system,,and consta-uct an I/A OWTS,„ ancillary structures,porches,patio,ac tmits, I.O. L.P. gas
tank,garage,pervious stone driveway, drywells, remove concrete and shed. Remove the existing timber
retaining wall, plywood,bulkhead returns, and timber ramp. Reconstruct the existing low-sill bulkhead
in-place and 7 inches below mean high water on the western end. Remove and replace the existing
eastern bulkhead and return,in-place at elevation 6.0', Install a new bulkhead frorn the, landward end of
the eastern bulkhead return in central portion of the waterfront to the western property line and new
return.Plant the area between the low-sill bulkhead and new bulkhead with appropriate native Spartina
sp.and establish a 10'wide non-turf buffer planted with beach grass along the entire bulkhead at
elevation 6.0'. Create a 4' wide path through the buffer and install a 4' x 16' catwalk having open grate
decking, 3'x 12'ramp,aaad 6'x 20'float. All work shall be done in strict conformance with the survey by
Kenneth M. Woychuk Land Surveying, PLLC halt dated 1.2-01-24 (sheet I of 3) said plants by Ken
Quigley dated October 1, 2024 (sheets 2-3 of 3),and stamped NYSDEC Approved on 3/27/2025,
Permit Authorizations
Tidal Wetlands -Under Article 25
Permit ID 1-4738-03458/00007
New Permit Effective Date: 3/27/2025 Expiration Date 3/2612C130
Water Quality Certification - Under Section 401--Clean Water Act
Permit ID 1-4738-03458/00008
New Permit Effective Date: 3/27/2025 Expiration Date: 3/2 /2030
Excavation& Fill in Navigable Waters -Under Article 15,Title 5
Permit ID 1-4738-03458/00009
New Pemut Effective Date: 3/27/2025 Expiration Date: 3/26 203'0
Page 1 of 9
AM
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
NYSDEC Approval
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, all applicable regulations, and all conditions included as part of this
permit.
Permit Administrator:KEVIN A KISPERT,Deputy Regional Permit Administrator
Address: NYSDEC Region I Headquarters
SUNY @ Stony BrookJ50 Circle Rd
Stony Brook,NY 11790-340
Authorized Signature:
Date 3 �' 7
Distribution List
DRU ASSOCIATES, INC.
Marine Habitat Protection
Environmental Permits
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
WATER QUALITY CERTIFICATION SPECIFIC CONDITION
GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION;
EXCAVATION & FILL IN NAVIGABLE WATERS_
1. Conformance With Plans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant:or applicant's agent as part of the permit application.
Such approved plans were prepared by Kenneth M. Woychuk Land Surveying, PLLC last dated I2•-01-
24 (sheet I of 3)and plans by Ken Quigley dated October 1, 2024 (sheets 2-3 of 3), and stamped
NYSDEC Approved on 3/27/2025.
Page 2 of 9
AM
fi
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
2. Notice of Commencement At least 48 hours prior to commencement of the project,the pennittee
and contractor shall sign and return the top portion of the enclosed notification form certifying that they
are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion
of project, the bottom portion of the form must also be signed and returned, along with photographs of
the completed work.
3. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous
location on the worksite and adequately protected from the weather.
4. Install,Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt
fencing, etc., are to be placed on the downslope edge of any disturbed area. This sediment barrier is to
be put in place before any disturbance of the ground occurs and is`to be maintained in good and
functional condition until thick vegetative cover is established.
5. Storage of Equipment,Materials The storage of construction equipment and materials sliml be
confined within the project work area and/or upland areas greater than 75 linear feet from the tidal.
wetland boundary.
6. Runoff Directed to Upland l rywells Roof 1"Unoff shall be directed to drywells a minimum of 65
linear feet landward of the bulkhead/tidal wetland boundary on the east side, and a minimum of 75 feet
from the tidal wetland boundary on the west side for immediate on-site recharge.
7. Authorized Innovative/Alternative Onsite Wastewater Treatment Systems (I/A OWTS) Septic
Systems This permit authoTiZCS the installation of any models ofI/A WI''S septic system which have
received,the approval of the.Suffolk County Department of Health Services(SCDHS). If SCDHS
rescinds its approval of one or more of these models during the term of this permit,DEC will no longer
approve new installations of that model, The list of VA OWTS systems which have received approval by
p l��. m_ _ .._
SCDHS' are found on website.. tt s://reclalzraourw�rter.info/
8. Maintenance of Installed Innovative/Alternative Onsite Wastewater Treatment Systems (I/A
OWTS) The permittee must maintain, service and repair the installed I/A OWTS in accordance with
the maintenance schedule set forth in the Suffolk County Department;of Health Services(SCDHS)
permit issued for the system.
9. Direct Runoff Away from Tidal Wetland and Buffer Roads, driveways, and parking areas shall
be graded to direct runoff away from tidal wetlands and protected buffer areas.
10. Driveway/Parking Area of Pervious Material Driveway and parking areas shall be constructed of
NYSDEC-approved pervious materials.
11, Establish Vegetated Buffer To protect the.:values of the tidal wetlands,a permanent vegetated
buffer zone shall be established as per the NY DEC stamped approved plans.
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AM
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
12, bong-term Plant Survival The area landward of the bulkhead shall be planted with native Species
as per the NYSDEC stamped approved plans and the permittee shall ensure a minimum Of 85%SUrViVal
of plantings by the end of five growing seasons. If this goal is not met,the permit holder shall re-
evaluate the restoration protect in order to determine how to meet the mitigation goal and submit,plans
to be approved by the office of
Marine Habitat Protection
NYSDEC Region I Headquarters
SUNY @ Stony Brook150 Circle Rd
Stony Brook,NY1 1790 -3409
13. Excavation for Bulkhead/Structure Prior to any construction or removal of bulkheads and other
shoreline stabilization structures all backfill shall be excavated landward of the struaure and retained so
as not to enter the waterway, tidal wetland or protected buffer area-
14. Backfilling All peripheral berms,cofferdams,rock revetments, seawalls, gablons, bulkheads or
other approved shoreline stabilisation,structures shall be completed prior to placement of any fill
material behind such structures.
15. No Structures on Bulkhead No permanent structures shall be installed on the authorized bulkhead
without first obtaining written department approval (permit,modification, amendment)-
16. Bulkhead Height The new height of the eastern bulkhead shall not exceed the height Of the
adjacent bulkheads.
r. Low Sill Bulkhead The top elevation of the,approved low-sill bulkhead oil the western side shall
be a minimum of 7 inches below Apparent High'Water as per the NYSDEC stamped approved plans.
18. Jet-in Bulkhead Bulkheads constructed directly adjacent to vegetated tidal wetlands shall be hand
driven or jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited.
ig. No Runoff Over or Through Bulkhead or into Wetland There shall be no discharge of runoff or
other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland
or protected buffer area.
2o. Dock, Caihvalk Size Dock or catwalk shall not exceed 4 feet in width and shall be' a minimum of 4
feet above grade(as measured from ground to bottom of dock/catwalk decking) over tidal wetland areas.
21. Catwalk Decking-60% open Space The catwalk decking
a shall be constructed of fiberglass
grating with a minimum of 60% open space to reduce shading impacts.
22. Float Installation The float shall be 'installed only at the approved location with a minimum water
depth of 2%feet,measured at apparent low tide.
23. No Permanent Structures on Dock No permanent structures shall be installed on
dock/catwalk/float without first obtaining written Department approval (permit,modification, or
amendment).
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
24. Docks at Property Lines Docks/catwalks/floats must not:
a. extend laterally beyond property lines,
b. interfere with navigation,or
c. interfere with other landowners riparian rights.
25. Pilings at Property Lines Pilings shall not:
a. extend laterally beyond property lines,
b. interfere with navigation, or
c. interfere with other landowners riparian rights.
26. No Structures on Pilings No structures, other than structures specifically authorized by this
permit, shall be constructed on pilings without further authorization from the department(permit,
modification or amendment).
27. Wood Preservatives
a. Pressure treated wood used for construction of in-water structures must have undergone a
treatment process approved(stamped or otherwise marked as certified)by the American Wood
Preservative Association.
b. Wood treated with Pentachlorophenol(PCP)must not be used in marine or brackish waters. Wood
treated with PCP must be aged in the open air for at least three months prior to in-water use_
c. The use of creosote treated wood is prohibited both in the water and upland areas.
d. Chromated Copper Arsenate (CCA)pressure treated wood must be clean and free of CCA surface
deposits. Wood with surface deposits:must be washed for at least a minutes under running water
prior to i:ise.. The washing must occur greater than 100 feet landward of any regulated wetland.
and/or water body. (Note "E." below far handling wash water.)
e. Any wood debris such as sawdust or wash water must not enter any water body, including wetlands
or protected buffer areas.
28. No FIoats,Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or be stored in
any vegetated tidal wetland.
29. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash,broken
concrete or demolition debris).
30. No Beach Excavation For Fill No excavation of the beach is authorized for the purpose of
obtaining fill or stone materials.
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
31. Grade to Match That Adjacent to Bulkhead All fill must be graded to match the elevation of the
land immediately adjacent to the bulkhead.
32. Contain Exposed,Stockpiled Soils All disturbed areas where soil will be temporarily exposed or
stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales/silt
curtains (or other NYSDEC approved devices)placed on the stmward side between the fill and the
wetland or protected buffer area. Tarps are authorized to supplement these approved methods.
33. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional
condition until the project has been completed and the area has been stabilized.
34, No Dredging or Excavation No dredging, excavating or other alteration of shoreline or
underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest
that the Department will issue a permit for such activities in the future.
35. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or
propulsion system of a motorized vessel and/or the water-borne forces created by said propeller or
propulsion system, to excavate or,displace:existing bottom sediment and benthic habitat for the direct or
indirect purpose of establishing or increasing water depth,is a regulated activity and is not authorized by
this pen-nit. Prop dredging is strictly prohibited without further written authorization (permit,,
modification or amendment)fi-om the department.
36. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be
stabilized with appropriate vegetation(grasses, etc.) irnmediately following project completion or prior
to permit expiration, whiclieVeT cornes first. If the project site remains inactive for more than 48 hours
or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or
jute matting until weather conditions favor germination.
37. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
38. Incidental Disturbance to Vegetation it is the responsibility of the applicant to remedy any
incidental disturbances resulting in damage or removal of wetland vegetation. Upon completion of
construction activities, any disturbed areas shall be planted with the appropriate marsh vegetation.
Please contact the Bureau of Marine Habitat at(631)444-0295 for more information.
39. Materials Disposed at Upland Site Any demolition debris,excess construction materials, and/or
excess excavated materials shall be immediately and completely disposed of in an authorized solid,waste
management facility. These materials shall be suitably stabilized as not to re-enter any water body,
wetland or wetland adjacent area.
4o. No Construction Debi-is in Wetland or Adjacent Area Any debris or excess material fi-om
construction of this project shall be completely removed from the adjacent area(upland)and removed to
an approved upland area for disposal, No debris is permitted in wetlands and/or protected buffer areas.
41. No Interference With Navigation There shall be no unreasonable interference with navigation by
E5
the work herein authorized.
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
42. State Not Liable for Damage The State of New York shall in no case be liable for any damage or
injury to the structure or work herein authorized which may be caused by or result from future operations
undertaken by the State for the conservation or improvement of navigation, or for other Purposes,and no
claim or right to compensation shall accrue from any such damage.
43. State May Order Removal or Alteration of Work if future operations by the State of New York
require an alteration in the position of the structure or work herein authorized, or if.in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation
of said waters or flood flows or endanger the health,safety or welfare of the people of the State, or cause
loss or destruction of the natural resources of the State,the owner may be ordered by the Department to
remove or alter the structural work, obstructions, or h a caused thereby without expense to the State,
zards excavation, or other
and If, .,pori the expiration or revocation of this permit,the structure, fill,
modification of the watercourse hereby authorized shall not be completed, the owners, shall,without
expense to the State, and to such extent and in such time and manner as the Department of
Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill
and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall
be made against the State of New York on account of any such removal or alteration.
44. State May Require Site Restoration if upon the expiration or revocation of this permit, the
project hereby authorized has not been completed,the applicant shall, without expense to the State, and
to such extent mid in such time and manner as the Department of Environmental Conservation may
lawfully require,remove all or any portion of the uncompleted structure or fill mid restore the site to its
former condition. No claim shall be made against the State of New York an account of any such
removal or alteration.
45, Precautions Against Contamination of Waters All necessary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments, fuels,solvents,
lubricants, epoxy coatings, pailits, concrete, leachate or any other environmentally deleterious materials
associated with the project.
WATER QU
........ALITY CERTIFICATION SPECIFIC CONDITIONS
....
i. Water Qu-ality Certification The authorized project, as conditioned pursuant to the Certificate,
complies with Section 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act as
an'iended and as implemented by the limitations,standards, and criteria of state statutory and regulatory
requirements set forth in 6 NYC RR Section 608.9(a .The authorized project, as conditioned,will also
comply with applicable New York State water quality standards, including but not limited to effluent
limitations, best usages and thermal discharge criteria, as applicable,as set forth in 6 NYCRR Parts 701,
702, 703, and 704.
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game
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC El) 1-4738-03458
GENERAL CONDITIONS - Apply to ALL Authorized Permits:
E--l- --
i. Facility Inspection by The Department The permitted site or facility, including relevant records, is
subject to inspection at reasonable hours and intervals by an authorized representative of the Departi-nent
or Environmental Conservation(the Department) to determine whether the pennittee is complying with
this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301
and SAPA 401(3).
The:permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions,must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by the Department, issuance of this permit sloes not modify,supersede or rescind any order
or detennination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal, modification or transfer of this
permit, Such application must include any-forms or supplemental information.the Depailment requires.
Any renewal, modification or transfer granted by the Department inust be in writing. Subinission of
applications for permit renewal,modification or transfer are to be submitted to:
Regional Permit Administrator
NYSDEC Region I Headquarters
SUNY @ Stony BrookJ50 Circle Rd
Stony Brook,NY1 1790 -3)409
4. Submission of Renewal Application The permittee must submit a renewal application at least 30
days before permit expiration for the following permit authorizations: Excavation&Fill in Navigable
Waters, Tidal Wetlands, Water Quality Certification.
5. Permit Modifications, Suspensions and Revocations by the Department The Department
reserves the right to exercise all available authority to modify, suspend or revoke this permit, The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
Page 8 of 9
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738-03458
d. newly discovered material information or a material change in envirolunental conditions,relevant
technology or applicable law or regulations since the issuance of the existing pen-nit,
e. noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
F NOTIFICATION OF OTHER PEPJVHTTEE OBLIGATIONS ._____]
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies,expressly agrees to indemnify and hold harniless the
Department of Environmental Conservation of the State of New York, its representatives, employees,
and agents ("DEC") for all claims, suits, actions, and damages,to the extent attributable to the
perinittee's acts or,omissions in connection with the permittee's undertaking of activities in connection
with, or operation and maintenance of,the facility or facilities authorized by the permit whether in
corriplianceOTnot in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits,actions,or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions,or to any claims, suits, or actions naming the DEC mid arising Linder
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
-under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The pern-tittee is responsible for informing its independent contractors, employees, agents and assigns of
their responsibility to comply with this permit, including all special conditions while acting as the
pern-Litteel's agent with respect to the permitted activities,and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as,those prescribed for the permittee,
Item C: Perinittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other pemnits, approvals,lands,easements and rights-of-
way that may be required to carry out the activities that are authori7ed, by this pen-nit.
Item D: No if to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the
riparian rights,of others in order to perform,the perrnitted work nor does it authorize:the impainnent of
any rights,title,or interest in real or personal property held or vested in a person not a party to the
permit.
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