HomeMy WebLinkAboutTR-5050 1-40—A�11 6.
Board Of Southold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO. 5MS() DATE: Aug. 30, 1999
SANIUEL DELUCA
ISSUED TO
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893-, and Chapter 404 of the Laws of the
State of New York 1952', and the Southold Town Ordinance en-
fitted "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS; and in accordance with the
Resolution of The Board adopted at a meeting held on Aug. 25
19 99., and in consideration of the sum of $ 150.00 paid by
F. Samuel DeLuca
of S ou. th. 9.10 N. Y. and subject to the
Terms and Conditions listed on the reverse side hereof,
Of Soirtbnlrl T^�n ait+6nrizes and permits the following:
Welland permit to remove all dimensional timber and yard debris and
dispose of sarne at in approved upland disposal site prior to construction/
planting. Exist. 72' of timber bulkhead adjacent to ramp proposed to be
cut to grade. 26, +/- of existing deteriorated bulkhead debris to be
rernoved at the southwest collie" Of Property, and 41' +/- of exist.timbvr
bulkhead to be removed at existing float location. Existing pile of sand is
proposed to be moved off site. Proposed planting will consist of 550sci.ft.
'r to be planted with native high marsh species (Spartina patens, 2" peat pots
planted oil 18" centers). 430 s(i.ft. +/- to be planted with native intertidal
species (Spartina alterniflora, 2" peat puts planted on 18" centers).
by causes its %,orporate -jeai to be attmea, and these presents to
be subscribed by a majority of the said Board as of is date.
F ni
IT Qw-lwotew Az�
.117
in
Trustees
Al
TERMS and CONDITIONS
The Permirtee Samuel DeLuca
1350 Glen Rd. , Southold
residing at N. Y., as
part of the consideration for the issuance of the Permit does understand and prescribe to the fol-
lowing:
1. That the said Board of Trustees and the Town of Southold are released from any and
all damages, or claims for damages, of suits arising directly or Indirectly as a result of any oper-
ation performed pursuant to this permit, and the said Permittee will, at his or her own expense,
defend any and all such suits initiated by third parties, and the said Permittee assumes full liability
with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold
2. That this Permit is valid for a period of 24 mos. which Is oDaddered to be the
estimated time required to complete the work involved, but should circumstances warrant, request
for an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes
to maintain the structure or project involved, to provide evidence to anyone concerned that auth-
orization was originally obtained.
! 4. That the work involved will be subject to the inspection and approval of the Board or
its agents, and non-compliance with the provisions of the originating application, may be cause for
revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
G. That there shall be no interference with the right of the public to pass and repass along
the beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations
in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the
work shall cause unreasonable obstruction to free navigation, the said Permittee will be requited,
upon due notice, to remove or alter this work or project herein stated without expenses to the Town
of Southold.
e. That the said Board will be notified by the Permittee of the completion of the work auth-
orized.
9. That the Permittee will obtain all other permits and consents that may be required sup•
plemental to this permit which may be subject to revoke upon failure to obtain same.
Albert J. Krupski, President
Ifs"�OS YQ �, Town Hall
James King,Vice-President O t
Henry Smith 53095 Main Road
P.O. Box 1179
Artie Fosters 2 Southold, New York 11971
Ken Poliwoda 0 {
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 30, 1999
Mr. Dan Hall
Land Use Ecological Services, Inc .
2576 Sound Avenue
Baiting Hollow, NY 11933
Re: SAMUEL DELUCA
SCTM#78-2-31
Dear Mr. Hall :
The following action was taken by the Board of Town Trustees
during its regular meeting held on August 25, 1999 regarding the
above matter:
WHEREAS, Land Use Ecological Services, Inc , on behalf of SAMUEL
DELUCA applied to the Southold Town Trustees for a permit under
the provisions of the Wetland Ordinance of the Town of Southold,
application dated July 17 , 1991, 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 August 25, 1999, at which time
all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area,
and,
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and,
WHEREAS, the structure complies with the standard set forth in
Chapter 97 of the Southold Town Code,
• •
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety and general welfare of the
people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approve the application of
SAMUEL DELUCA to remove all dimensional timber and yard debris
and dispose of same at an approved upland disposal site prior to
construction/planting. Existing 72 ' +/- of timber bulkhead
adjacent to ramp proposed to be cut to grade. 26 ' +/- of
existing deteriorated bulkhead debris to be removed at the
Southwest corner of property, and 41 ' +/- of existing timber
bulkhead to be removed at existing float location. The existing
pile of sand is proposed to be moved off site. The proposed
planting will consist of the following: 550 sq. ft. +/- to be
planted with native high marsh species (Spartina patens, 2" peat
pots planted on 18" centers) . 430 sq. ft. +/- to be planted with
native intertidal species (Spartina alterniflora, 2" peat pots
planted on 18" centers ) .
BE IT FURTHER RESOLVED that this determination should not be
considered a determination made for any other Department or
Agency which may also have an application pending for the same
or similar project .
Permit to construct and complete project will expire two years
from the date it is signed. Fees must be paid, if applicable,
and permit issued within six months of the date of this
notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project .
Fees : None
Very truly yours,
Albert J. Krupski , Jr.
President, Board of Trustees
AJK/lms
cc : DEC
FOcK�oG
tC= Town Hall. 53095 Main Road
Telephone P.O. Box 1179
(516) 765-1892 i�ol r�Q� Southold. New York 11971
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
At the meeting of the Southold Town Conservation Advisory Council held Thursday, August 12,
1999, the following recommendation was made:
Moved by Scott Hilary, seconded by Richard Smith, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A
STIPULATION of the Wetland Permit Application of SAMUEL DELUCA 78-2-31 to remove
all dimensional timber and yard debris and dispose of same at an approved upland disposal site
prior to construction/planting. Existing 72' +/- of timber bulkhead adjacent to ramp proposed to
be cut to grade. 26' +/- of existing deteriorated bulkhead debris to be removed at the Southwest
corner of property, and 41' +/_ of existing timber bulkhead to be removed at existing float
location. The existing pile of sand is proposed to be moved off site. The proposed planting will
consist of the following: 550 sq.ft. +/-to be planted with native high marsh species (Spartina
patens, 2" peat pots planted on 18" centers). 430 sq.ft. +/- to be planted with native inter-tidal
species (Spartina altemiflora, 2" peat pots planted on 18" centers).
1350 Glen Rd., Southold
The CAC recommends Approval with the stipulation that the telephone pole be removed as well
as the float.
Vote of Council: Ayes: All
Motion Carried
Land Use
August 3, 1999
N.Y.S.D.E.C.
Department of Legal Affairs
Bldg 40, S.U.N.Y. _
Stony Brook, N.Y. 11790-2356 C r
Att: Mr Craig L. Elgut
A
la-
Re:Re: DeLuca - Violation SettlementNOV # 99-CA/PL-56 ; j : �;
1350 Glen Rd., Southold
LD
S.C.T.M. # 1000-07800-200-031000
Dear Mr. Elgut:
Enclosed please find an executed copy of the Order on Consent together with a check in
the amount of$1,500.00 payable to the NYS Dept. of Environmental Conservation.
Should you have any questions or require additional information, please don't hesitate to
contact this office.
Sincerely,
Tanya Lachenmeyer
TL
Enc.
cc: Southold Town Trustees
Mr. &Mrs. DeLuca
2576 Sound Avenue • Baiting Hollow, New York . 11933
516-727-2400 • FAX 516-727-2605
NEW YORK STATE DEPARTMENT OF
Jr ENVIRONMENTAL CONSERVATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X
In the Matter of the Violations of the New York
State Environmental Conservation Law ("ECL")
Articles 25 and 71 and Title 6 of the Official ORDER ON CONSENT
Compilation of Codes, Rules and Regulations of
the State of New York("6 NYCRR') by File No.
SAMUEL DELUCA
(Suffolk County) Respondent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X
WHEREAS, Pursuant to ECL Articles 3 and 25, the Department of Environmental
Conservation ("Department" or"DEC") has promulgated Part 661 of Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York (hereinafter referred to
as "6 NYCRR') establishing land-use regulations for tidal wetlands which prohibits the conduct
of regulated activities in or adjacent to tidal wetlands without or in noncompliance with the
requisite permits; and
WHEREAS, Article 25, Title 4, specifically § 25-0401.1 of the New York State
Environmental Conservation Law, the Tidal Wetlands Act, and 6 NYCRR Part 661.8 prohibit
conducting any regulated activities in or adjacent to any tidal wetland without the requisite permit,
or in noncompliance with the requisite permit; and
WHEREAS, the Department has documented violations of said statutes and regulations,
specifically ECL §25-0401.1 and 6 NYCRR Part 661, in that Respondent caused and/or permitted
to be caused, without the required NYSDEC permit, at 1350 Glenn Road, Southold, State of
New York, County of Suffolk - SCTM# 1000-07800-200-031000 (hereinafter the"Site"), on or
before March 16, 1999, the substantial reconstruction of a Tx 41' catwalk in a regulated tidal
wetland; the substantial reconstruction of a 75' bulkhead in a regulated tidal wetland; the
installation of 41' of new bulkhead in a regulated tidal wetland; and, the installation of 80' of new
retaining wall including fill in a regulated adjacent area; and
WHEREAS, the Respondent desires to resolve the within DEC enforcement action
through this Order on Consent rather than to continue litigation on the issues, and
WHEREAS, the Department agrees to settle the within matter through this Order on
Consent rather than to continue litigation on the issues; and
WHEREAS, Respondent has affirmatively waived his right to a public hearing in this
matter in the manner provided by law, and having consented to the entering and issuing of this
Order, agreed to be bound by the terms and conditions contained herein.
NOW, having considered this matter and being duly advised, it is:
ORDERED, that with respect to the aforesaid violations, there is hereby imposed upon
the Respondent, a penalty in the sum of ONE THOUSAND FIVE HUNDRED ($1,500)
DOLLARS shall be payable upon the Respondent's execution of this Order, and it is further
ORDERED, that this Order shall not become effective until it is executed by the Regional
Director on behalf of the Commissioner, and the date of execution by the Regional Director shall
be the date of execution of this Order; and it is further
ORDERED, that Respondent shall strictly adhere to the terms and conditions outlined in
this Order and in"Schedule A', the Compliance Schedule attached hereto and made a part hereof;
and it is further
ORDERED, that in those instances in which the Respondent desires that any of the
provisions, terms or conditions of this Order be changed, they shall make written application, set-
ting forth the grounds for the relief sought, to the Commissioner, c/o of the Regional Attorney,
New York Department of Environmental Conservation, Region I, SUNY Campus - Building 40,
Stony Brook, NY 1 1 790-23 56; and it is further
ORDERED, that any change in this Order shall not be made or become effective, except
as specifically set forth by written order of the Commissioner, such written order being made
either upon the written application of the Respondent, or upon the Commissioner's own findings;
and it is further
ORDERED, that this Order resolves only those violations specifically articulated and
described herein and in no way limits the Department's authority to enforce any other violations
not described herein in the manner that the Department shall deem appropriate; and it is further
ORDERED, that nothing contained herein shall be construed as preventing the
Department from collecting regulatory fees where applicable; and it is further
ORDERED, that the terms and conditions of this Order shall not be construed to prohibit
the Commissioner or his duly-authorized representative from exercising any summary abatement
powers, either at common law or as granted pursuant to statute or regulation, and it is further
Page 2 of 7
ORDERED, that nothing contained herein shall relieve the Respondent from obtaining all
necessary permits, approvals or authorizations in order to perform the obligations pursuant to this
Order; and it is further
ORDERED, that the Respondent shall not suffer any penalty under any of the provisions,
terms and conditions hereof, or be subject to any proceedings or actions for any remedy or relief,
if they cannot comply with any requirements of the provisions hereof, because of an Act of God,
war, riot or other catastrophe as to which negligence or willful misconduct on the part of
Respondent was not a proximate cause, provided, however, that the Respondent shall
immediately notify the Department in writing when they obtain knowledge of any such condition
and request an extension or modification of the provisions hereof; and it is further
ORDERED, that the provisions of this Order shall be deemed to bind the Respondent, his
successors and assigns, and all persons, firms and corporations acting under or for him, including,
but not limited to those who may carry on any or all of the operations now being conducted by
Respondent, whether at the present locations or at any other in this State; and it is further
ORDERED, that the failure to pay any penalty amounts due under the terms and
conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax
refund offset by the Department of Taxation and Finance; and it is further
ORDERED, that for the purpose of insuring compliance with this Order, and with
applicable provisions of the ECL and regulations promulgated thereunder, representatives of the
DEC shall be permitted access to the Site without prior notice at such times as may be desirable
or necessary in order to inspect and determine the status of the property, as well as access to
relevant records in order to inspect and/or perform such tests as may be deemed appropriate to
determine the status of Respondent's compliance; and it is further
ORDERED, that a dishonored check fee of TWENTY ($20.00) DOLLARS will be
charged for all checks which are returned for insufficient funds.
DATED: Stony Brook, New York
1999
JOHN P. CAHILL
Commissioner of Environmental Conservation
By:
RAY E. COWEN, P.E.
Regional Director
Page 3 of 7
CONSENT BY RESPONDENT
Respondent acknowledges the authority and jurisdiction of the Commissioner of Environmental
Conservation of the State of New York to issue the foregoing Order, waives its rights to notice
and public hearing or other proceedings in this matter, and agrees to be bound by the provisions,
terms and conditions contained herein and consents to thee issuance thereof.
SAMUEL DELUCA
DATE:
STATE OF NEW YORK
SS:
COUNTY OF NASSAU
On this a day of --- " �y 1999 before me personally came
wc , to me known, who being by me duly sworn did
depose and say that he resides at /,3 and
that he executed the foregoing Order on Consent.
41 Notary lic
J"IL LYNCH
Nu County 002LY763410
OOnei4Mon
Page 4 of 7
SCHEDULE A
Compliance Schedule
SAMUEL DELUCA
NOV# : 99-CA/PL-56
I. GENERAL REQUIREMENTS:
Immediately, Respondent shall cease and desist from any and all
future violations of the ECL and the rules and
regulations enacted pursuant thereto.
All submittals to the Department required under this Order shall be made by Respondent as
follows:
1) One copy to: Legal Affairs, Region One, New York State Department of Environmental
Conservation, Building 40, S.U.N.Y., Stony Brook, New York 11790-2356; and
2) One copy to: Bureau of Marine Habitat Protection, Region One, New York State
Department of Envirorunental Conservation, Building 40, SUNY Campus, Stony Brook,
New York 11790-23 56.
3) All submittals (ie. correspondence, plans, photographs), MUST contain Respondent's
name and NOV# 99-CA/PL-56 .
II. REMOVAL & RESTORATION REQUIREMENTS:
Within Thirty(30) days Respondents shall submit to the Department, an
from the date of the approvable* "Removal/Restoration Plan" including
execution of this Order, time schedule for implementation of said plan.
*Approvable in the context of this Order shall mean
approvable by the DEC with minimal revision. Minimal
revisions shall mean that Respondent incorporate the
revisions required by the DEC and resubmit the plans for
approval within fifteen (15) business days of receipt of the
DEC's comments.
This plan shall include:
(1)Removal of all dimensional timber and yard debris from
the Site. Disposal to be limited to a facility approved by the
DEC to accept said refuse.
Page 5 of 7
• (2) Removal of that portion of timber bulkhead measuring
approximately 72' - running north/ south toward the
westerly property line - shall be cut down to slightly below
grade. Disposal of debris to be limited to a facility approved
by the DEC to accept said refuse.
(3) Removal of that portion of deteriorated timber bulkhead
measuring approximately 26' - located at the southwest
comer of the Site. Disposal of debris to be limited to a
facility approved by the DEC to accept said refuse.
(4) Removal of timber bulkhead measuring approximately
41' - located at the seaward edge of the Site. Disposal of
debris to be limited to a facility approved by the DEC to
accept said refuse.
(5) Existing pile of sand on Site may be used to complete
the balance of existing concrete block wall. Remaining sand
must disposed of at a DEC approved upland location.
(6) Restoration shall include creation of an intertidal and a
high marsh area at the seaward portion of the Site.
(a) An approximate 430 square feet of intertidal
marsh shall be created landward of existing timber
dock. Vegetation shall consist of native, salt
tolerant intertidal marsh species such as Spartina
alterniflora.
(b) An approximate 550 square feet of high marsh
shall be created landward of newly created intertidal
marsh. Vegetation shall consist of native, salt
tolerant high marsh species such as Spartina patens.
Upon approval by the DEC, the Respondents shall
implement the approved Plan in accordance with the
approved Time Schedule. Work shall be performed in a
sequence approved by the Department.
Prior to commencing any work required in this Order, the
Respondent shall send notice to the DEC (via Certified
Return Receipt Mailing) of their intent to begin work. Said
notice must be received by the DEC at least seven (7) days
Page 6 of 7
• prior to the commencement of any work.
All work done pursuant to this Order shall strictly comply
with the terms and conditions of the DEC-Approved Plans
and Schedule of Implementation. DEC approval of a plan
or schedule shall be indicated by the presence of the DEC's
stamp on said documents.
Respondent shall maintain all restoration required under this
Order for a minimum of Five (5)years from the date of the
completion of the restoration. Said maintenance shall
ensure a success ratio of at least eighty-five (85%) percent.
Within thirty(30) days after compliance under this Order,
Respondent shall submit photographs of all restoration
work accomplished under this Order to Charles T.
Hamilton, Regional Supervisor, NYSDEC Region One,
Division of Natural Resources and Craig L. Elgut, Assistant
Regional Attorney, NYSDEC Region One, Legal Affairs.
&ALEGA LGUr\➢ELU OILER-0NL NSE
Page 7 of 7
LandUse
July 22, 1999 I r P
; I
JUL 2 i999
Mr. & Mrs. Samuel Deluca TOWN OF S()UTH LLD'
1350 Glen Road
Southold, NY 11971
Re: NYSDEC Order on Consent
Dear Mr. & Mrs. Deluca:
Attached please find Consent Order and copy of the required restoration plan. NYSDEC
has agreed to a minimal $1,500.00 fine if the restoration is completed in accordance
with the approved specifications.
If acceptable, please sign where indicated and return with a check payable to NYDEC in
the amount of$1,500.00.
Very truly yours,
OU
Charles W. Bowman
CWB/Igm
Enc.
cc: Southold Town Trustees/with plans
2576 Sound Avenue • Baiting Hollow, New York • 11933
516-727-2400 . FAX 516-727-2605
TAX &AAP# /000 -07900 -Zoo-03100,0
Jockey. Cr. �._.'<• Lc,
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PROPOSED:SHORELINE REHABILITATION I RESTORATION .
' PURPOSE: EROSION CONTROL I VIOLATION SETTLEMENT
AT: 1350 GLEN ROAD,SOUTHOLD-TOWN OF SOUTHOLD
PLAN VIEW SUFFOLK COUNTY,STATE OF NEW YORK
SCALE: V = 30' APPLICANT:SAMUEL DELUCA
$ PREPARED BY:LAND USE ECOLOGICAL SERVICES INC.
S DATE: 5J-99, -Iz-99 7-21'49
�.
WAL LL ATUTN
BLGGK DATUM: M.S.L
OUSTING LNG" TIDAL RANGE:2.0}y_
E7DSTING PILE OF SAND �12
TO BE UTILIZED FOR FINISF@!G 'KEY:
CONCRETE WALL AND REMAINS i
TO BE MOVED OFF SITE. �)
SSO SG.FT.-A TO BE PLANTED WRIT NATIVE HIGH MAREN
12 -SPECIES(SEE PLANTING SPECIFICATIONS)
/I
Ll0 3QFT.+A TO BE PUNTED WITH NATIVE INTERTIDAL
8 •SPECS"(SEE PLANTING SPECIFICATIONS)
/ F6 E0 I
S / •NOTE PRIOR TO CONSTRIICION I PLANTING
/pbT/NC' TL'•�.oFrimi.ce ALL SCRAP DIMERSIONALTIMBER A YARD DEBRIS
b�✓-.[NEnD TD\<t..Y ,ro (rQ nJ( TO BE REMOVED AND TRANSPORTED TO AND UPLAND
DISPOSAL SITE
�� -ExIS'T1NG CONIC.BLOCK RAMP — _ A
NwM��
�¢: - ;eS; .•.:. '. .:` .. EXISTING TIMBER DOCK LOCATION
OUSTING TIMBER BULKHEAD LOCATION ': K .=;ry,M ' Ly ,d. ALfM TO REMAIN UNDISTURBED
�'...
20•+a E EXISTING DETERIORATED 41'+AOFE%ISTINGTtMBER
BULKHEAD DORIi TO BE REMOVED AH�ZOL I
_ O BULKHEAD TO BE REMOVED
LAND USE ECOLOGICAL SERVICES INC.
2576 SOUND AVENUE WM.� t e'il _VIIEST CREEK
BAIITNG HOLLOW,NY 11933 „WIDTH F WATERWAY EBB-- --FL000
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NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION
. . . . . . . . . . . . . . . .X
In the Matter of the Violations of the New York
State Environmental Conservation Law ("ECL")
Articles 25 and 71 and Title 6 of the Official ORDER ON CONSENT
Compilation of Codes, Rules and Regulations of
the State of New York ("6 NYCRR") by File No.
SAMUEL DELUCA
(Suffolk County) Respondent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X
WHEREAS, Pursuant to ECL Articles 3 and 25, the Department of Environmental
Conservation ("Department" or"DEC") has promulgated Part 661 of Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York (hereinafter referred to
as "6 NYCRR') establishing land-use regulations for tidal wetlands which prohibits the conduct
of regulated activities in or adjacent to tidal wetlands without or in noncompliance with the
requisite permits; and
WHEREAS, Article 25, Title 4, specifically § 25-0401.1 of the New York State
Environmental Conservation Law, the Tidal Wetlands Act, and 6 NYCRR Part 661.8 prohibit
conducting any regulated activities in or adjacent to any tidal wetland without the requisite permit,
or in noncompliance with the requisite permit, and
WHEREAS, the Department has documented violations of said statutes and regulations,
specifically ECL §25-0401.1 and 6 NYCRR Part 661, in that Respondent caused and/or permitted
to be caused, without the required NYSDEC permit, at 1350 Glenn Road, Southold, State of
New York, County of Suffolk- SCTM 9 f 000-07800-200-031000 (hereinafter the "Site"), on or
before March 16, 1999, the substantial reconstruction of a 3' x 41' catwalk in a regulated tidal
wetland; the substantial reconstruction of a 75' bulkhead in a regulated tidal wetland; the
installation of 41' of new bulkhead in a regulated tidal wetland; and, the installation of 80' of new
retaining wall including fill in a regulated adjacent area; and
WHEREAS, the Respondent desires to resolve the within DEC enforcement action
through this Order on Consent rather than to continue litigation on the issues; and
WHEREAS, the Department agrees to settle the within matter through this Order on
Consent rather than to continue litigation on the issues; and
WHEREAS, Respondent has affirmatively waived his right to a public hearing in this
matter in the manner provided by law, and having consented to the entering and issuing of this
Order, agreed to be bound by the terms and conditions contained herein.
•
NOW, having considered this matter and being duly advised, it is:
ORDERED, that with respect to the aforesaid violations, there is hereby imposed upon
the Respondent, a penalty in the sum of ONE THOUSAND FIVE HUNDRED ($1,500)
DOLLARS shall be payable upon the Respondent's execution of this Order, and it is further
ORDERED, that this Order shall not become effective until it is executed by the Regional
Director on behalf of the Commissioner, and the date of execution by the Regional Director shall
be the date of execution of this Order; and it is further
ORDERED, that Respondent shall strictly adhere to the terms and conditions outlined in
this Order and in"Schedule A", the Compliance Schedule attached hereto and made a part hereof;
and it is further
ORDERED, that in those instances in which the Respondent desires that any of the
provisions, terms or conditions of this Order be changed, they shall make written application, set-
ting forth the grounds for the relief sought, to the Commissioner, c/o of the Regional Attorney,
New York Department of Environmental Conservation, Region I, SUNY Campus - Building 40,
Stony Brook, NY 1 1 790-23 56; and it is further
ORDERED, that any change in this Order shall not be made or become effective, except
as specifically set forth by written order of the Commissioner, such written order being made
either upon the written application of the Respondent, or upon the Commissioner's own findings;
and it is further
ORDERED, that this Order resolves only those violations specifically articulated and
described herein and in no way limits the Department's authority to enforce any other violations
not described herein in the manner that the Department shall deem appropriate; and it is further
ORDERED, that nothing contained herein shall be construed as preventing the
Department from collecting regulatory fees where applicable; and it is further
ORDERED, that the terms and conditions of this Order shall not be construed to prohibit
the Commissioner or his duly-authorized representative from exercising any summary abatement
powers, either at common law or as granted pursuant to statute or regulation, and it is further
Page 2 of 7
ORDERED, that nothing contained herein shall relieve the Respondent from obtaining all
necessary permits, approvals or authorizations in order to perform the obligations pursuant to this
Order; and it is further
ORDERED, that the Respondent shall not suffer any penalty under any of the provisions,
terms and conditions hereof, or be subject to any proceedings or actions for any remedy or relief,
if they cannot comply with any requirements of the provisions hereof, because of an Act of God,
war, riot or other catastrophe as to which negligence or willful misconduct on the part of
Respondent was not a proximate cause, provided, however, that the Respondent shall
immediately notify the Department in writing when they obtain knowledge of any such condition
and request an extension or modification of the provisions hereof; and it is further
ORDERED, that the provisions of this Order shall be deemed to bind the Respondent, his
successors and assigns, and all persons, firms and corporations acting under or for him, including,
but not limited to those who may carry on any or all of the operations now being conducted by
Respondent, whether at the present locations or at any other in this State; and it is further
ORDERED, that the failure to pay any penalty amounts due under the terms and
conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax
refund offset by the Department of Taxation and Finance; and it is further
ORDERED, that for the purpose of insuring compliance with this Order, and with
applicable provisions of the ECL and regulations promulgated thereunder, representatives of the
DEC shall be permitted access to the Site without prior notice at such times as may be desirable
or necessary in order to inspect and determine the status of the property, as well as access to
relevant records in order to inspect and/or perform such tests as may be deemed appropriate to
determine the status of Respondent's compliance; and it is further
ORDERED, that a dishonored check fee of TWENTY ($20.00) DOLLARS will be
charged for all checks which are returned for insufficient funds.
DATED: Stony Brook, New York
1999
JOHN P. CAHILL
Commissioner of Environmental Conservation
By:
RAY E. COWEN, P.E.
Regional Director
Page 3 of 7
CONSENT BY RESPONDENT
Respondent acknowledges the authority and jurisdiction of the Commissioner of Environmental
Conservation of the State of New York to issue the foregoing Order, waives its rights to notice
and public hearing or other proceedings in this matter, and agrees to be bound by the provisions,
terms and conditions contained herein and consents to the issuance thereof.
SAMUEL DELUCA
DATE:
STATE OF NEW YORK
SS:
COUNTY OF NASSAU
On this day of 1999 before me personally came
to me known, who being by me duly sworn did
depose and say that he resides at and
that he executed the foregoing Order on Consent.
Notary Public
Page 4 of 7
SCHEDULE A
Compliance Schedule
SAMUEL DELUCA
NOV# : 99-CA/PL-56
I. GENERAL REQUIREMENTS:
Immediately, Respondent shall cease and desist from any and all
future violations of the ECL and the rules and
regulations enacted pursuant thereto.
All submittals to the Department required under this Order shall be made by Respondent as
follows:
1) One copy to: Legal Affairs, Region One, New York State Department of Environmental
Conservation, Building 40, S.U.N.Y., Stony Brook, New York 1 1 790-23 56; and
2) One copy to: Bureau of Marine Habitat Protection, Region One, New York State
Department of Environmental Conservation, Building 40, SUNY Campus, Stony Brook,
New York 1 1 790-23 56.
3) All submittals (ie. correspondence, plans, photographs), MUST contain Respondent's
name and NOV # 99-CA/PL-56 .
H. REMOVAL & RESTORATION REQUIREMENTS:
Within Thirty (30) days Respondents shall submit to the Department, an
from the date of the approvable* "Removal./Restoration Plan" including
execution of this Order, time schedule for implementation of said plan.
*Approvable in the context of this Order shall mean
approvable by the DEC with minimal revision. Minimal
revisions shall mean that Respondent incorporate the
revisions required by the DEC and resubmit the plans for
approval within fifteen (15) business days of receipt of the
DEC's comments.
This plan shall include:
(1) Removal of all dimensional timber and yard debris from
the Site. Disposal to be limited to a facility approved by the
DEC to accept said refuse.
Page 5 of 7
(2) Removal of that portion of timber bulkhead measuring
approximately 72' - running north/ south toward the
westerly property line - shall be cut down to slightly below
grade. Disposal of debris to be limited to a facility approved
by the DEC to accept said refuse.
(3) Removal of that portion of deteriorated timber bulkhead
measuring approximately 26' - located at the southwest
corner of the Site. Disposal of debris to be limited to a
facility approved by the DEC to accept said refuse.
(4) Removal of timber bulkhead measuring approximately
41' - located at the seaward edge of the Site. Disposal of
debris to be limited to a facility approved by the DEC to
accept said refuse.
(5)Existing pile of sand on Site may be used to complete
the balance of existing concrete block wall. Remaining sand
must disposed of at a DEC approved upland location.
(6) Restoration shall include creation of an intertidal and a
high marsh area at the seaward portion of the Site.
(a) An approximate 430 square feet of intertidal
marsh shall be created landward of existing timber
dock. Vegetation shall consist of native, salt
tolerant intertidal marsh species such as Spartina
alterniflora.
(b) An approximate 550 square feet of high marsh
shall be created landward of newly created intertidal
marsh. Vegetation shall consist of native, salt
tolerant high marsh species such as Spartina patens.
Upon approval by the DEC, the Respondents shall
implement the approved Plan in accordance with the
approved Time Schedule. Work shall be performed in a
sequence approved by the Department.
Prior to commencing any work required in this Order, the
Respondent shall send notice to the DEC (via Certified
Return Receipt Mailing) of their intent to begin work. Said
notice must be received by the DEC at least seven (7) days
Page 6 of 7
prior to the commencement of any work.
All work done pursuant to this Order shall strictly comply
with the terms and conditions of the DEC-Approved Plans
and Schedule of Implementation. DEC approval of a plan
or schedule shall be indicated by the presence of the DEC's
stamp on said documents.
Respondent shall maintain all restoration required under this
Order for a minimum of Five (5) years from the date of the
completion of the restoration. Said maintenance shall
ensure a success ratio of at least eighty-five (85%) percent.
Within thirty (30) days after compliance under this Order,
Respondent shall submit photographs of all restoration
work accomplished under this Order to Charles T.
Hamilton, Regional Supervisor, NYSDEC Region One,
Division of Natural Resources and Craig L. Elgut, Assistant
Regional Attorney, NYSDEC Region One, Legal Affairs.
LLEGAI.IEI.QJTNDEUICA\OROER-0NLONSE
Page 7 of 7
LandUse
July 22,1999
Town of Southold
Board of Town Trustees
Town Hall
53095 Main Rd., P.O. Box 1179 LT!0WVNC'.T
Southold, N.Y. 11971Re: Deluca - SoutholdRehabilitation / Restoration Application S _ J
To whom it may concern:
Enclosed please find an application package which includes the following:
- (1) original, (6) copies of the completed application form.
- (1) original, (6) copies of a Short Environmental Assessment Form
- (7) sets of project plans
- Application fee.
If there are any questions, or if you require additional information please don't
hesitate to call this office.
Sincerely 'J n
Dan Hall
Land Use Ecological Services, Inc.
DH
Enc
2576 Sound Avenue • Baiting Hollow, New 'York • 1 1933
5 1 6-727 2400 • FAX 516-727-2605
12 (fin R 9 Tin .�
�anId Use TOWN 10F
May 18, 1999
Town of Southold
Board of Trustees
53095 Main Rd.
P.O. Box 728
Southold, N.Y. 11971
Att: Mr. Albert Krupski
President
Re: Notice of Violation
Samuel DeLuca
1350 Glen Road
Southold, N.Y.
Dear Mr. Krupski:
Enclosed please find a Rehabilitation / Restoration Plan, Restoration
Description, and photographs for the above referenced site. At your earliest
convenience can you please review the submitted information and advise our office as
to whether this looks acceptable. We have submitted the same documentation to
Chuck Hamilton at the NYSDEC for review.
If there are any questions regarding this matter please don't hesitate to contact
this office.
Sincerely, 1 ��
Dan Hall
DH Land Use Ecological Services, Inc.
Enc.
2576 Sound Avenue • Baiting Hollow, New York . 1 193131
516-727-2400 • FAX 516-727-2605
Deluca - Southold
Restoration Description:
Applicant proposes to remove all dimensional timber and yard debris and will
dispose of same at an approved upland disposal site prior to construction/planting.
Applicant proposes to construct 60' +/- of concrete block wall, proposed wall to prevent
erosion and hold the existing slope following the house construction at adjacent lot.
Existing 72' +/- of timber bulkhead adjacent to ramp proposed to be cut to grade. 26'
+/- of existing deteriorated bulkhead debris to be removed at the Southwest comer of
property, and 41' +/- of existing timber bulkhead to be removed at existing float
location. Proposed 320 sq. ft. +/- of existing concrete block ramp to be refaced utilizing
approximately 2 cubic yds. of cement, this would be 2"-3" bed over existing concrete
surface. The proposed planting will consist of the following: 550 sq. ft. +/- to be planted
with native high marsh species (Spartina patens, 2" peat pots planted on 18" centers).
430 sq. ft. +/-to be planted with native intertidal species (Spartina alterniflora, 2" peat
pots planted on 18" centers).
s .-TAX MAP.# /000-07gOU -Z*03/000
a. ckry. Cr. ,'tu?ts:2`-:• LO
'woo.
Rpgp SITE
3 I /
hold
15_ - B A "�
` GREAT ' H
= NECK
POLE " cr. A Y .�I E/W
` ET0.IG RESIDENCE I �V Ai
SUFFOLK COUNTY HAGSTROM
S MAP#29 SCALE:1'=3,000'+I.
7Y25'30°/41007 35'
14
CA _PATIO ,a
H
FJ•Isrl�
PROPOSED:SHORELINE REHABILITATION/RESTORATION
PURPOSE:EROSION CONTROL/VIOLATION SETTLEMENT
AT: 1350 GLEN ROAD,SOUTHOLD-TOWN OF SOUTHOLD
PLAN VIEW SUFFOLK COUNTY,STATE OF NEW YORK
SCALE: 1" = 30' APPLICANT:SAMUEL DELUCA
$ PREPARED BY: LAND USE ECOLOGICAL SERVICES INC.
8 DATE: 4399
�STNG GONG BLOOK`/'1 ALL LOCATION DATUM: M.S.L
A TIDAL RANGE:2.0'+/_
f '12
'KEY:
1
320 30.FT--4 OF EXISTING CONC.BLOCK RAMP
Li•TO BE REFACED UTILIZING APPROX 2 CUBIC YARDS
OF CEMENT(2-•3+BED OVER EXISTING CONC.SURFACE
� 10
12 1r SSO SOFT.+I-TO BE PLANTED WITH NATIVE HIGH MARSH
__ - •SPECIES(SEE PLANTING SPECIFICATIONS)
430 SOFT.+A TO BE PLANTED WITH NATIVE INTERTIDAL
to/ --ss� $ •SPECIES(SEE PLANTING SPECIFICATIONS)
/ E
L � _ /F
S / 'NOTE PRIOR TO CONSTRUCTION I PLANTING
►ROPORMS CONIC.BLOCK WALL EXTENSION /x�sT,wtr 72''/, o F rlmbce ALL WRAP DIMENSIONAL TIMBER a
1'(60 to X X 2'+/.)NOTE COMO.BLOCK WALL YARD DEBRIS
BE REMOVED AND T NZ bVLX naI�O 1n•c c.,r ro 6-QAOE TRANSPORTED TO AND UPLAND
TO HOLD RXUMMG SLOPE AND PREVENT SERMON DISPOSAL SITE
FOLLOWING AWWNIMG HOUSE CONSTRUCTI '"'EXISTING CONC.BLOCK RAMP)
RUNOFF
B
NWM��
4 _—
EXISTING TIMBER DOCK LOCATION
EXISTING TIMBER BULKHEAD LOCATIONft M—� TO REMAIN UNDISTURBED 26'-4 OF EXISTING OBTERIORATRD 41'+F OF EXISTIMG TIMBER
- p DEBRIS BE RBYOVBD
WLKMSA C BULKHEAD TO BE REMOVED
LAND USE ECOLOGI n cFRVICF IN 'IL
'576 SOUND AVENUE ALWM I!o•-
BAITING HOLLOW,NY 11933 wDETSTl
VFAWK EBB— —FLOOD
(516)-727-2400•FAX(516)-727.2605 '
+- SHEET 1 OF 2
RM
y 0 0
LandUse
April30,1999 { '
MAY — 3 � ,�a
s
IL _.
Town of Southold TQV4P�!
Board of Trustees
53095 Main Road
PO Box 728
South old, NY 11971
Attn: Mr. Albert Krupski
President
Re: Wetland Violation
Sam and Ann Deluca
Dear Mr. Krupski:
I received a call today from Mr. and Mrs. Deluca today indicating that a summons was to
be issued relative to the above referenced violation. It was my understanding that the
violation and restoration must be approved by Chuck Hamilton prior to submitting to the
Board of Trustees (see attached letter). I have met with Mr. Hamilton and am currently
preparing a restoration plain for his review. Unless you indicate otherwise, I will submit
the approved plan to your office together with a copy of the NYDEC order on consent.
Please call me if this action is acceptable.
Sino ,
Charles W. Bowman
Land Use Ecological Services, Inc.
CWB/Igm
Enc.
2576 Sound Avenue • Baiting Hollov ,, Nev, York . 11933
516-727-2400 • FAX 516-727-2605
Land Use
TOWN OF SOIL 4_f
� V
March 26, 1999
Town of Southold
Board of Trustees
53095 Main Road
PO Box 728
Southold, NY 11971
Attn: Mr. Albert Krupski
President
Re: Notice of Violation
Samuel DeLuca
1350 Glen Road
Southold, NY
Dear Mr. Krupski:
Mr. & Mrs. DeLuca have forwarded the attached "Notice of Violation". Please be advised
that I will be meeting shortly with NYSDEC to ascertain their removal/restoration
requirements. Once known, I will immediately apply to your Board for authorization to
complete the NYSDEC mandate.
Sincere)
Charles W. Bowman
Land Use Ecological Services, Inc.
CW B/tl
Enc.
2576 Sound Avenue • Baiting Hollow, New York • 11933
(516) 727-2400 • (800) 627-DUNE • FAX (516) 727-2605
99;Y5.99 09:25 e316 M41492 DR. R. BODFECILLE
Z001
r NOTICE
Police Dept. - Hay Constable
Town of Southold
Peconic, New York 11959
NOTICE OF VIOLATION
Date:-----3-17 _ 99
To: -------.^al�;SA..:� Fn •r•n�a
((Owner or authorized agent of-ow+�erl ------'�-`-- `-
Address:--- elL3SLw� Z•o` h=xZea-agent'of owner)------"---'
Please take notice there exists a violation of the Code of the
'town of Southold, Chapter 97 Article----!------ Section--- 97,20 -----
at.premises hereinafter described in that-_A cpvcP_Tr ?•AL t?A5
------- CY) •Ir-TU m /�^/� a UT7 WETLAITD Y?ITHOU^-' A TRTISTEES
PE?PiIT AT 1350 GL?iN Stt) SOUTEOZD TT.Y. -------""'-----
You are, therefore directed and ordered to co(aply with the
following;---ZZQ' T = 4�°3 ti'7�$7w_ZSzt OF iiE TIDAL 11ETL2UqD MD aopyv
-------- P_ PERMIT AND TO REMOVE TTEK
_SECT24: _Qi� - =3AT� .F.'e_HezT_ -75ft IF DIZEC^ED TO DO S0.
nn or before --?.C_th----day of --ARRi:_.......... 19 ,0 ----
The premises to which this Notice of violation refers are situated at:
3359-e?.Y;.•_P�-86 AA�+D_DT:-----------------------------:rOwn of Southold,
Suffolk County, N:y. (Suff. County Tax Lisp Designation: Dist.1000
-Lot:- 31---�
Failure to comply with the applicable provisions of the law may
constitute an offense punishable by fine or imprisonment or both.
NOTICE; You, have the right to apply for a hearing before the Board
o T Trustees of the Town of Southold, provided that you file a written
request with the Clerk of the Trustees within 10 days after service of
the Notice of Violation. Such request shall have annexed thereto a
COPY of the Notice of Violation upon which a Hearing is requested and
shall set forth the reasons why such notice of violation should be
modified or rescinded;
Zy4onst ab e, wn outhold, wy
• NOTICE •
Police Dept. - Bay Constable
Town of Southold
Peconic, New York 11958
NOTICE OF VIOLATION
Date:------ ------- - -----
To: --------------------------------------------------------- --------
(Owner or authorized agent of owner)
Address: --------------------------------------------owner) ------------
(Address of owner or authorized agent of owner)
Please take notice there exists a violation of the Code of the
Town of Southold, Chapter 97 Article------------ Section--------------
at premises hereinafter described in that-----------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
You are therefore directed and ordered to comply with the
following:-------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
on or before -----------day of ----------------1 19-------
The premises to which this Notice of Violation refers are situated at:
-----------------------------------------------------Down of Southold,
Suffolk County, N".k . (Surf . County Tax tdap Designation: Dist.
Section:-------- - ---Block:--------Lot : -------1
Failure to comply with the applicable provisions of the law may
constitute an offense punishable by fine or imprisonment or both.
NOTICE: You have the right to apply for a hearing before the Board
of Trustees of the Town of Southold, provided that you file a written
request with the Clerk of the Trustees within 10 days after service of
the Notice of Violation. Such request shall have annexed thereto a
copy of the Notice of Violation upon which a Hearing is requested and
shall set forth the reasons why such notice of violation should be
modified or rescinded.
Bay Constable, Town of Southold, NY
�gUFFO(/
Cy Town �
Albert J. Krupski, President ���� r__ 53095 Main
James King,Vice-President '.Z P.O.Box 1179
Henry Smith W Southold,New York 11971
Artie Foster
Ken Poliwoda 4, !� Telephone(516) 765-1892
��j Fax(516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only
Coastal Erosion Permit Application
Wetland Permit Application
_Grandfather Permit Application
Waiver/Amendment/C anges
✓Deceived Application:
eceived Fee:$
ompleted Application r
Incomplete
SEQRA Classification:
Type I Type II Unlisted
Coordination: (date sent)
CAC Referral Sent: TO`h(`%�
✓Date of Inspection: 9119
Receipt of CAC Report:
Lead Agency Determination:
Technical Review:
✓Public Hearing Held:
Resolution:
Name of Applicant Samuel Deluca
Address 1350 Glen Road r Southold, NY 11971
Phone Number: ( 516)-248-6200
Suffolk County Tax Map Number: 1000 - 78-2-31
Property Location: 1350 Glen Road, Southold, NY 11971
(provide LILCO Pole #, distance to cross streets, and location)
AGENT: Dan Hal l /land [Tap Fm1rxT'r j Gpl"l i Tn
(If applicable)
Address:_ 257E sounri Avpniip, Rait_nr 11M7 NV 11011
Phone: (516)-727-2400
FAX# : (516)-727-2605
1
Boo of Trustees Application .
GENERAL DATA
Land Area (in square feet) : 23,460 +/-
Area Zoning: residential
Previous use of property: single family residence
Intended use of property: single family residence
Prior permits/approvals for site improvements:
Agency Date
X No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
X No Yes
If yes, provide explanation:
Please cep oroiect d=r;nt;on
Project Description (use attachments if necessary) :
2
Deluca - Southold
Restoration Description:
Applicant proposes to remove all dimensional timber and yard debris and will
dispose of same at an approved upland disposal site prior to construction/planting.
Existing 72' +/- of timber bulkhead adjacent to ramp proposed to be cut to grade. 26'
+/- of existing deteriorated bulkhead debris to be removed at the Southwest corner of
property, and 41' +/- of existing timber bulkhead to be removed at existing float
location. The existing pile of sand is proposed to be moved off site. The proposed
planting will consist of the following: 550 sq. ft. +/- to be planted with native high
marsh species (Spartina patens, 2" peat pots planted on 18" centers). 430 sq. ft. +/- to
be planted with native intertidal species (Sparring alterniflora. 2" peat pots planted on
18" centers).
JUL 7
T®4�'Rs Cad= �;; • -_, ..
Boo of Trustees Application •
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: violations settlement,
Erosion Control
Area of wetlands on lot: 660 +/- square feet
Percent coverage of lot: 3 +/- %
Closest distance between nearest existing structure and upland
edge of wetlands: 42 feet
Closest distance between nearest proposed structure and upland
edge of wetlands: 38 feet
Does the project involve excavation or filling?
X No Yes
If yes, how much material will be excavated? N/A cubic yards
How much material will be filled? N/A cubic yards
Depth of which material will be removed or deposited:0-108
feet
Proposed slope throughout the area of operations:
Manner in which material will be removed or deposited:
By hand no large machinery
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason of such proposed
operations (use attachments if appropriate) :
proposed project will enhance the wetlands and tidal waters with it--,
associated wetland-, and ❑lantinn-,
3
Bo* of Trustees Application •
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity: Violation settlement.
Erosion Control
Are wetlands present within 75 feet of the proposed activity?
No x Yes
Does the project involve excavation or filling?
x No Yes
If Yes, how much material will be excavated? N/A (cubic yards)
How much material will be filled? N/A (cubic yards)
Manner in which material will be removed or deposited:
By hand, no machinery will be utilized
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
Negative Pnv;ranmenral ;marts pgill be minimal and short term if any
as a result of this proposed proiec _
4
A. DOES ACTION EXCEED ANY TYPE I THRL .JLO IN a' NYCRR, PART 617.121 If yes, coordinate the review cracers and use trio - - _11F.
❑Yes ❑No
a. WILL ACTION RECEIVE COOROIN REVIEW AS PROVIDE]FOR LINLIST ED ACTIONS YCRR,PART i!7.i? If No. a neganya dec:arauc
may be superseded by another I d agency.
❑Yes ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING. (Answers may ce nandwntten. it egmiel
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels. existing traffic patterns, solid waste proeucnon or dlscosa
potential for erosion,drainage or flooding problems? Extiiain briefly -
C2. Aesthetic, agricultural, archaeological,historic, or other natural or cultural resources:or community or nelgnbornood cnarad2r? Explain brle
C3. Vegetation or fauna. fish, shellflsn or wildlife species. Significant habitats, or threatened or endangered species? Explain briefly;
CA. A community's existing plans or goals as officially acdoted.or a cnange in use or intensity of usa of land or other natural resources?Explain brie
C5. Growth, subsequent development,or related activities likely to be rouged by the proposed action? Explain briefly.
C5. Long term, snort term,cumulative, or other erfects not identified in C:LS7 Exblain briefly.
C'. Other imoac:s iincwding changes in use of either quantity or type of energy)? Explain briefly.
0. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
'=Yes ❑No If Yes. ezoiain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large.important orotherwise significa
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of booayng; (c) duration:
irreversibility: (e) geographic scope; and (f) magnitude. It necessary, add attachments or reference supporting materials. Ensure ;t'
explanations contain sufficient detail to snow that all relevant adverse impacts have been identified and adeiquately addressed.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF ar1cior prepare a positive-declaration.
❑ Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in_-any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
.V•,,,,t nl L.'uJ Atr�n CY
. .m[ 11 roe �-me. al 4cacona•ale Juicer n Lua Agency fine or geepamme Jn¢er
pgnuwc v %naenapm Jlnccr .n L<aq Aptncy p,tnatum or YrcUarer tit gnteren[ ham Ielganva1e tin Kerl
pie
2
gpFFO(,�
Town Hall
Albert J. Krupski, President �� r/y 53095 Main Road
James King,Vice-President :,c P.O.Box 1179
Henry Smith yy • Southold, New York 11971
Artie Foster O
�"Ken Poliwoda Telephone(516) 765-18�2
�Ql �ati Fax(516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
-----------------------------------
In the Matter of the Application
of
_SamI'letm luCq-----------
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF PO'SITI,NGG`^ I -
I , h12� �� lV r , residing at `Y �C IC t IaJ� the.
N'd Rc I lc--lLot
eing my s rn, depose and say:
That on the �1 day of OS; 199Q, I persona y posted he
property known as I� [e VN ��d l� , lJ �
by placing the Board of Trustees official poster where 4 can
easily be seen, and that I have checked to be sure the poster
has remained in place for seven days prior to the date of the
public he rin (date of hearing noted thereon to be heldaS, iq Q 9
ran arat�
Dated:
1I
E 1
ts4f4nature)
Swo n to before me this
day of S� 199T Tanya Lachenneyer
dd�� NOTARY PUBLIC,State of^lrw York
No.01 LA5032219,Su�-a:k Goanty
Commission Expires,Augusta y
Not ry Pub l' I ��XX
V
Bo& of Trustees Application
County of Suffolk
State of New York
Lan Hal� [fie B jogLcaj Savirns Irc f:r Sanp1 Daltra BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL
WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS
ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S) , IF GRANTED. IN
COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,
THEIR AGENT(S) OR REPRESENTATIVES(S) , TO ENTER ONTO MY PROPERTY
TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS
APPLICATION.
DI "Signature
SWORN TO BEFORE ME THIS DAY OF 119��
TPUB LachenmIC,State f N
NOTARY PUBLIC,State of New York
No.01 LA5032219,Suffolk County
Commission Explim,August 22,�
N ry Public
7
Board of Trustees Application
AUTHORIZATION
(where the applicant is not the owner)
I, Samuel Deluca residing at 1150 Glen Rd
(print owner of property) (mailing address)
Southold, N.Y. 11971 do hereby authorize Land .Use
(Agent)
Ecological Services, Inc. to apply for permit(s) from the
Southold Board of Town Trustees on my behalf.
(Ownerlt signature)
8
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MAP 1129 SCALE:1-
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14 mKWPY 14
PROPOSED:SHORELINE REHABILITATION/RESTORATION
PURPOSE: EROSION CONTROL/VIOLATION SETTLEMENT r
, AT: 1350 GLEN ROAD,SOUTHOLD-TOWN OF SOUTHOLD
PLAN VIEW SUFFOLK COUNTY,STATE OF NEW YORK
APPLICANT:SAMUEL DELUCA
SCALE: 1 = 30' PREPARED BY:LAND USE ECOLOGICAL SERVICES INC.
$ DATE:5.3-99�7-12-9`IX�-'Z1-Q9
$ BLOC
LOCAr01 DATUM: M.S.L
Wes,11JG eoNp. TIDAL RANGE:2.0+y_
_ '12
TO BE IT
NG PILE OF SAND ( I ,
TO BE III.IZED FOR FR9LSBING KEY:
CONCRETE WALL AND REMAINS 'I
TO BE MOVED OFF SITE.
D �o
I 1 E] S ES SO SOFT.+A TO BE PLANTED WTIH N-�PIVE'1N6N MARSH
'SPECI (SEE PLANTING SPECIFICATIONS)
O OS D / �� •CID SOFT.+A TO EE PLANTED LWITII NATIVE INTERTIDAL
V D / 8 SPECIES(SEE PLANTING SPECIFICATIONS)
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O N• NOTE PRIOR TO CONETRUCTION I P"MTINO
C cv wirw� 7L'r� eF T,mb[Q ALL SCRAP DIMENSIONAL TIMBERS YARD BERRIS
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DISPOSAL SITE
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41'+F OF EXISTING TIMBER
2W♦L OF MISTING DUTERIORATED �
ANWM 1 MEAD TO BE REMOVED
RYLKNEAD DEBRUi TO BE REMOVED--`_ TO� ' ' � 1.' O� BULKHEAD
IAND USE ECOLOGICAL SERVICES. INC.—�` ]]]LLL yF•+�-��
257650UND AVENUE LL-� bI _WEST CREEK EBB— —Fl-
BAITING HOLLOW,NY 11933 WIDTH F WATERWAY OOD SHEET 1 OF 2
(516)-727-2400•FAX C516),727.2605 APPROX 207+_
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