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Home My WebLink AboutGalgano, Carol a MINUTES OF PUBLIC HEARING HELD DECEMBER 16 ,, 1980 WETLAND APPLI-CATION OF . CAROL GALGANO WETLAND APPLICATION OF NORMAN C . BOOS A public hearing was held by the Southold Town Board at the Southold Town Hall ' Main Road , Southold , New York on Tuesday , December 16 , 1980 at 3 :30 o ' clock p .m . concerning the ' appl.ication of Carol Galgano and at 3 :35 o ' clock p .m-, concerning the applica- tion of Norman C. Boos , both for a permit under the provisions of the -Wetland Ordinance of the Town of Southold . . Present were : Supervisor Will-iam R. Pell , III, Councilman Henry W. Drum Councilman John J . Nickl-es Councilman Lawrence Murdock , Jr. Councilman George R. Sullivan Town Clerk Judith T. Terry Town Attorney Robert W . Tasker Absent was : Justice Francis' T. Doyen SUPERVISOR PELL opened the hearing at 3 :30 o ' clock p .m . COUNCI.LMAN, NICKLES read -the legal notice of hearing concerning the Galgano' appl•ication , as follows - . . . IS , HEREBY GIVEN that public hearings will be held by the Town Boar' ,of the. Town of Southold at the Southold Town Ha-1,1 , Main ,Road , ' Southold ,., New York on December 16 , 1980 as follows . 3 :30 o ' clock P.M . i-n the matter of the application of Carol Galgano for a permit under the provisions of the Wet- land Ordinance of the Towns- of- ,,Southold- for permission to construct a catwa=lk ; ramp' and-•floating' dock 'on her property located on a right-of-way off of the north side of Westphalia * Road , on Mattituck ,,Creek'i, Mattituck , ,New' Yor'k-. . . All persons i nterest,e,d- i n said ,matters s,hal l appear at the time and place above ,speci.fied and will be given an opportunity' to be heard . Dated : -December 2 , 1980 . JUDITH T. TERRY , TOWN CLERK Page 2 December 16 , 1980 „ Public Hearing — Ca'rol Gal gang and. Norman' C. Boos COUNCILMAN NICKLE.S --(con tinued ) : J have' proof of "publ i'cati on , .from the Long Island` Traveler , Patricia Wood-, , and a-l.so proof- of pub.lication. ' from Jo,an ' Gustays_on of: the Suffolk Times , ;and proof 'from the. Town Clerk , Judith T. Terry that , i't' wa•s affixed to her, Bulletin Boa•r.d. '--We have •a letter from-the Chairman of the Southold ' Town Conservation Advisory Council , to the ' Town •C1 e'rk , which read's as .fol 1 ow.s: . . . The_ following action was taken by the Southold .Town ' , Conservation 'Adv-i,sory Council • at '-a, regular - meetin'g held November 25 , 19'80 . FRES-OL.V`ED .to recommend to the Southold Town B,oa'rd - approval o-f wetland application of Carol Galgano 'to „ pl-ace , a catwalk • over wetlands, at' pr i-v'ate" property of , } the -appl i cant ',at, "Matti tuck ;Cr.eek'. Yours truly , Frank Ci chanowi-cz . I Ti Chairman .- . We ha,ve a•noth-er l et-ter addressed •to :,the Town, Clerk . from'• Mr.s .; Anna T. Hatai'er- , President , Board of Town Tru'ste'es : . . The following, action was taken by the Board of, Southold Town, Trustees alt a regul ar meeti ng , he,ld December 3 , 1980•: ` RESOLVED ,to recommend to the Southold •Town Boar'd_ approv`al �of the -Wetland app.l i.c'ati on of Carol '•Gal_gano' to- e"rect, catwal k ,over w.etl ands at- private' property of the, ap'pl i cant at Matti - tuck , C'reek. with the condi•ti-on that the catwalk- be kept i n - 1 i rre with the existing catwalk :and be kept above' ,the, grass Yours truly , ANNA T. 'HATAIER, P•RES•I.DENT, BOARD OF -TOWN-' TRUSTEES . .` . .' , SUPERVISOR -PELL : T:hank -you very, much ., Does anybody .wish to speak in favor of the appli cation'? - -In favor of the proposed ap- pl i cati o'n'? Does anybody w"i sh t.o 's,peak A n opposition t•o the , appl tcati on?, Does anybody wish -to speak on the - application '-at all ? (There' was no response . ) ' - I will declare the hearing' cl'osed .• - ' SUPERVISOR PELL : And we hav other hear in 'C O U N C I L'M A N. 'M,U R D O C K: 'read" t h e '-1-e.g-a 1--�n o t i-c-e—o-f—h e-a7r'i n g-,c o n c e r n i n g the ap'p'lication of Norman'• -C..�' Boo Page 3 December 16 , 1980 Public Hearing - Carol Galgano and Norman C. Boos . . NOTICE IS HEREBY GIVEN that public hearings will be held by the Town Board of- the Town of Southold at the Southold Town Hall , Main Road , Southold , New York , on December 16 , 1980 as follows : 3 : 35 o ' clock P .M . in the matter of the application of Norman C. Boos for a permit under the provisions of the Wet- land Ordinance of the Town of Southold for permission to dredge and bulkhead the west side of an existing marina , Broadwaters Cove Marina , at Broadwaters. Cove , Skunk Lane , -Cutchogue , New York . All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard . DATED : December 2 , 1980 JUDITH T. TERRY, TOWN CLERK. . . . COUNCILMAN MURDOCK (continued ) : I have an affidavit from Pat- ricia Wood that it was published in the Long Island Traveler-Watchman . I also have an affidavit of publication from Joan Gustayson for the Suffolk Weekly Times . I have an affidavit from Judith T. Terry that the public notice has been on display on the Town Clerk Bulletin Board at the Town Hall . I have a letter from the Board of Town Trustees to Mrs . Judith T. Terry : . . . The following action was taken by the Board of Southold Town Trustees at a regular meeting held December 3 , 1980 : RESOLVED to recommend to the Southold Town Board approval of the wetland application of Norman C. Boos to dredge and bulkhead west side of existing marina . It was discussed and Mr. Boos understands that there is no work to be done on the south side and this work will only go to where it turns at the retaining wall on the end . Yours truly , ANNA T . HATAIER, PRESIDENT BOARD OF TOWN TRUSTEES . . . . I also have a letter from the Conservation Advisory Council to Mrs . Judith T. Terry : 'Th-e following action was taken by the Southold Town Con- servation Advisory Council at a regular meeting held Novem- ber 25 , 1980 . RESOLVED to recommend to the Southold Town Board approval Page 4 December 16 , 1980 Public Hearings - Carol Galgano and Norman C. Boos of wetland application of Norman C. Boos to dredge and bulkhead west side of existing marina . Yours truly , FRANK CICHANOWICZ III , CHAIRMAN CONSERVATION - ADVISORY COUNCIL . . . . We also have in the file several letters from citizens expressing their approval . I don ' t think it ' s necessary to read all the letters . One is from Arnold M. Behrer , Jr . , M . D . of Stewart Avenue , Garden City . One from James Reale , 7845 Skunk Lane , Cutchogue . One is from W . J . Schneider , 92 Stony Ridge Drive , Hillsdale , New Jersey . We have one other from Gerard Galliano , RD 1 , Box 47,, Cutchogue , New York . SUPERVISOR PELL : Thank you , Larry . Does anyone wish to speak in opposition to the application? Speak in opposition to the appli - cation? GERARD CONROY : My name is Gerard Conroy , and I live in Cutchogue . In fact I live in Broadwaters Cove . I am representing the Broadwaters Cove Association . I •would ask one question from Mr_ Murdock ' s reading , are all the applicants or those who are pro , are they living in the area , or are they customers to Mr . Boos? MR. BOOS : I think everyone that you read just lives in the area . They own property on Nassau Point . MR. CONROY : All right . Then I ' ll proceed . I am speaking in opposition to this and I would ask that it will be withheld : There was an advertisement from the Department of the Army , and we did ask for input . We did respond individually and as a group . I have a letter here that we did forward to the Department of the Army , Mrs . Lynch , I believe it was . And we have various signatures that need be I would submit--this letter and the signatures to the Board . We do feel in opposition to this . - We do feel it would be detrimental to our area . As far as the bu-lkheading is concerned . And the finger docks are already in , and we feel that there is no necessity to further bulkhead that area , that it would completely destroy the wetlands -on the west side of Mr. Boos ' marina . This is the only issue we have Mr. Boos . It was nothing personal about this--because we are property owners in the area that we are doing this . Thank you . SUPERVISOR PELL : Thank you . Does anybody wish to speak in opposition to the applicant? Mr . Gardner? W . S. GARDNER : My name is W. S . Gardner. I ' m President of the Nassau Point Property Owners Association . I ' m not sure I want to Page 5 December 16 , 1980 Public Hearing - Carol Galgano and Norman C. Boos (W. S . Gardner continued ) : speak in opposition , but I have some points that I want to make . Over the last 20 years , I ' ve seen this marina grow a little bit here , a little bit there , and I think it ' s time to stop it. There ' s nothing we can do about the nonconforming use that ' s there . We want to keep it the way it is without any growth , without any , I call it , nudging siie of growth--a little bit here , a little bit there , has been going on for the last 10 or 15 years . I think we all know that. We feel very strongly on ,Nassau Point , some of our members use it and want to keep it the way it is , without any growth , without any more activity there . We have a letter from the Town Board of Appeals which rigidly defines the use of that marina , and believe me we on Nassau Point will watch that very closely to the extent that we can . Another point that I feel I don ' t really have an answer for it now , this is a business in a residential area , and today it was brought home to me when I received the tax bill to my property . I know businesses are taxed on maybe a different assessment value than private properties , and few of us plan to look into the assessed value of this property with all the many thousands of dollars that have been put in over the last five years . And we will probably have more on that . That ' s my only comment . SUPERVISOR PELL : Thank you , Mr. Gardner. Does anybody else wish to speak in opposition to the application? Does anybody wish to speak in favor of the application? Mrs . Petrucci ? MRS . . A. PETRUCCI : My husband and I are the former owners of this marina , and what Mr. Boos has done is within what the Board of Appeals told him he could do. He does not wish to extend this any more than the 38 boats he can put . He is serving our community , on Nassau Point . And we approve everything he has done , and we are -just opposite him and all his immediate neighbors do too . That ' s all I ' ve got to say . SUPERVISOR PELL : Thank you , Mrs . Petrucci . Mr . Petrucci ? MR . A . PETRUCCI : I want to answer to , I don ' t know what ' s his name , the new comer over there-- SUPERVISOR PELL : Mr . Gardner. MR . PETRUCCI : Yes , a ( ) you never know what ' s he talking about . The bulkhead that they ' s talking about not to do over there , that was approved by the Army Engineer, by the Environment Depart- ment , by the Southold Town Board by Albert Martocchia , by the Zoning Inspector Howard Terry , because only five or six years , up to five , six , seven foot of land over there--from East ( ) to West of Bay . If we no put a bulkhead over there , the bank will keep going to wash down , wash down , wash down , and we going to lose the property over there . That ' s an important reason to build a bulkhead . What is he talking about? He no live in a waterfront . He don ' t know what a Page 6 December 16 , 1980 ` Public• Hearing - Carol Galgano and Norman C. Boos waterfront- is . He don ' t know . That' s all I , got-, to say. S'UP•ERVISOR PELL : Thank you . Anybody else wish to speak in favor of the a-p'plicant? Yes , sir , please use the mike and state- your name. WILBUR A. BALDWIN : Yes ; my name is Wilbur.'A.' Baldwin , 1725 Nassau Point Road , Cutchogue: I have an interest in, this situation . I rent a •space from Mr . Boos . I have a 22-foot O ' Day sailboat , which I can ' t even put on my own property - in :Broadwaters7Cove be- cause of shallow water. . I - have watched the progress since Mr. Boos - has taken over this property , and I think it ' s ,a definite credit to the area , and me as .a boat -•owner , I plan on putting a second boat over there . I would liket,o see it go through . SUPERVISOR PELL : Thank you . Anybody else - wish to speak in favor of the, applicant? Anybody wish to speak - at all on the application for Mr. Boos? Yes , sir? HENRY STEINBRECKER : My 'name is Henry Steinbrecker , and I live on N,ass,au •'Point,. ; I understood Mr . Murdock to 'say that he - had e -had an application to `-bulkhead this property and to dredge • it . .Now o'n my way• to the point , on my out of the point , for• several Weeks there w.as dr_edgi'ng going on t'he north side of the marina , and there was dredging being done on the west side , and the permit hasn ' t, be.en granted • yet , then I say the whole thing is illegal . Thank you . SUPERVISOR PELL.: Thank you , Mr . Steinbrec'ker. • 'Mr . Norman Boos? MR. NORMAN BOOS : When I first started this project• I ,.tameD to the Town and I .asked the Town what permits I -needed . The Town told-,,me' I need the State permit , I need the Army Engineers- permit. It took me one •year, to get -those_ permits . After. I received those p.erm•i;ts ,.• I came down to "the _To;wn , I 'brou,ght them copies of al-1 my perm.ias . , I asked., "Wh'a't else do I need? =' I Was told , . "Nothing . " . From there I proceeded with the work. I worked for one year -until . I got , stopped . And ,that ' s wh� I ''m . here . The only reason I :didn ' t ' have the , perm'it .was , because I was told I- did not' need i't. SUPERVISOR PELL •, Thank ,you , Mr. Boos . W. S . GARDNER : Who told -you that? ' I ' d like to get it on the record who toldhi'm that . MR. BOOS : The girl i.n the Board of Trustees . W. S .• GARDNER : What ' s her name? ' 0 Page 7 December 16 , 1980 Public Hearing - Carol Galgano and Norman C. Boos MR . BOOS : ' I don ' t know her name . MR . GARDNER : An important point like that and you don ' t know the name , Mr . Boos ? MR . BOOS : Her name is down on the desk-- MR . GARDNER : And we can question her on that? MR . BOOS : Yes . a MR. PETRUCCI : Excuse me , I also had an indication to build a bulkhead over there and I came down here , I came in the meeting , and Mr. Horton wa,s the chairman of the meeting at the time I was there , the Trustees . Mr . Horton told me in front of the Trustees and everybody else that the private property is a bottom that ( ) and we have no jurisdiction . As far as we concerned , you can do whatever you want to do over there and we can not issue a permit at all . That ' s the Trustees of Southold Town . SUPERVISOR PELL : One at a time. One at a time . Mr . Petrucci , are you finished? MR . PETRUCCI : Yes . SUPERVISOR PELL : Mr . Gardner , do you want to say something? W .,S . GARDNER : Yes . Apparently the Trustees are at fault on it . SUPERVISOR PELL : Apparently we do not know . We are having a hearing today to get all the facts out , and then the Town Board will go from this_ * We are pointing the finger at no one . We want to get the facts 'out , get input today , then the Board will deliberate and go ahead . Anybody else wish to be heard on the application at all ? Yes , sir? LEW PAINE : My name is Lew Paine . And I would like -to know to what extent this gentleman , Mr . Boos , wants to develop this project of his . How far is he permitted to go so that the resident1s'- in our area have a concise understanding . Would you please answer that for me? SUPERVISOR PELL : Larry will read the application again . Description of work . MRS . PETRUCCI : And you have the letter from the Board of Appeals which tells you exactly what Mr . Boos can do when we sold it to him . SUPERVISOR PELL : I think that letter is dated June 1 , 1978 . Page 8 December 16 , 1980 Public Hearing - Carol Galgano and Norman C. Boos MRS . PETRUCCI : That ' s exactly right , sir. COUNCILMAN MURDOCK: We have that . MRS . PETRUCCI : And it states what he can do , and what he cannot do . If you, would read it , I think it would satisfy this gentleman here . SUPERVISOR PELL : What the question is that the gentleman asked and we will stay with the question that was asked , what was in his application? COUNCILMAN MURDOCK: " . . . Norman C. Boos , Broadwaters Cove . Instructions for Permit . Permit requested to dredge and bulkhead west side of existing marina . Location of property : Broadwaters Cove Marina , Bay Avenue , Skunk Lane . Size of property work : the length approximately 140 feet . The width , 4 to 5 feet . Height above high water : 1 ' 6" . Depth below low water : 4 ' . Yards to be Excavated : Approximately 300 yards . Yards to be filled : approxi - mately 100 yards . Width of canal , creek or bay fronting property : 165 ' . ' Depth at low tide : 4 to 6 feet . Average rise in tide : 2 ' 6 " . Business . Area zoning : nonconforming . Manner in which material will be removed or deposited : removed - crane and dump truck . Deposited - dump truck and front end loader . Intended use of the property : access to docked boats . . . . " Does that answer your question , sir? MR. PAINE : Yes , it did . It answers it to a point. But I think the general public in our area , the residents , feel that he is going beyond that point . SUPERVISOR• PELL : And we have a Building Department to be sure he doesn ' t go beyond that point . If he did go beyond that point , . then it will be in violation . MR. PAINE : And he has built the bulkhead that I understand had filling behind it to increase and enlarge that property. SUPERVISOR PELL : I 'm sure if he was the Building Department would have known . The. Building Department will, issue and enforce , and make sure he, stays im with whatever regulations he has . MR . PAINE : Have you seen that property? SUPERVISOR PELL : Personally,, ,my_self? MR . PAINE : Yes . SUPERVISOR PELL : No , sir. Not in the last six months . We were down there six months ago and saw it . Five months or so . Page 9 December'16 ; 1980 ._Publ i,c Hearing - Carol Gal gano and Norman C.. Boos MR. PA-INE : I a.dv'i.s,e you to, see - it, now SUPE•RVI:SOR PELL. Gentleman in the back' of,-,the' room? "qARL':BOOS': My• name i,s Carl' Boos-;' brother _`,o'f. Nocrman Boos ; and there seems to.' be' quite a'°b,fto-f -`confusion a,s, to ,,--what the dimensions are, o-f this•, property.. My br"other and I are' in busin•ess ' together , and',a,. few years ago, he, --came•.out .and ,boug,ht :this, piece of-,property', and so -expressed -desire "`to move' out here p'e_rma6e,ntly. He has a ,boat• which everyone- knows i_s mo,ored at the property , 'for 'like 10 years . He had it , in another marina' i n ,the area and- he has been'"comi ng, out here f,or , I ''d ,say , a, good 12 years _and'.he . fu1 ly, 'i n-tends using this., as a supplemental income - and he i nt'.ends bui 1 di ng ,his house -r,i gh-t next' door : Now I 'm• sure ' th•a,t , , any,one .at least stop.. and thi nt about it"" t-, he ' s not going to have a boatyard 't-her,e with five ,mi l l,i on boats , duri ng the' wi nter a-nd,_l j ve-'next 'door, when no ' on,e- else wants , to Thank 'you . ' SUPERV-ISOR PELL•,:_ Thank you .. Does anybody ,else 'wi sh` to be,- heard on. the, appl i cati o'n ;at al 1 ?, Mr . Frank Bear., MR.- FRANK BEAR: I, _have seen this area , of, course ,, .and my - concern -would' y- concern would' be, that the- project would go into the wetlands-. I don'' t know whether' ,there ' s 140 - feet;' that he ' s a's,king to go back, Actual Ty . g'oes� -in the , wetlands' because I haven ' t measured that . ' But I, would hope that if'-,'any approval •.i s given, on this , 'i t -woul d be given w'i'th the specific. req-ui rement that n-o weti ands- be disturbed,' th-at none o.f the spartana grass be disturbed . SUPERVISOR PELL : Thank -you . . Does anybody else wish' �to' be, ' heard on' this` a-ppla'cation? Yes , ' person from ,the, *North" Fork =Envir.o,nmental Council , Mrs . Ruth Oliver . MRS . RUTH OLIVER :,, Ruth. Oliver. ' I ' d jus.t"like to ask Xr. -Boos, i f he was given a ti c,k,et by the D: E :C . MR . BOOS - On what? 'MRS . OLIVER-: On. your dredg'i ng,• or putting .spoi 1' up 'o n'• w,et1 and? MR .' BOOS : Nodded 'MRS:: ` OLIVER : Are you, sure? I ' d ' l'ike', to refer. this .with the D . E , G. ,because I .wa's given the understanding that he--was gi'Ven' a ti cket, , for. $250 . 00:' MR. BOOS : -That was not. on this . MRS-. OLIVER: What was- it, for then? ; �MR. BOOS : ,That was for .the finger s'li,ps 'whi &h has nothing to do with thi-s i ss,ue: a Page 10 December 16 , 1980 SUPERVISOR PELL : No . Right . We have two issues here . That one got mixed up . I ' d like- to keep one issue-- MRS . OLIVER: May he answer it , Mr . Pell ? SUPERVISOR PELL : I will be on the record , Mr. Boos . SUPERVISOR PELL : I would like to stay on this one issue if I could . He has two different permits . We are aware of that . We are on this one before us now . MRS . OLIVER : All right , thank you . SUPERVISOR PELL : Anybody else wish to be heard on the application before us now? If not , I will declare the hearing closed and reopen the regular Town Board meeting . The hearing was declared closed at 4 : 00 p .m. 6 Respectfully submitted , �e a Linda F. Kowalski IRLE"'."EIVED AND FILED BY THE SOU-i'j'.107UD TOVVN CLERK 00' Tc,,,7n Clerk, Town of Soutfold TOWN OF SOUTHOLD TOWN CLERK'S OFFICE SOUTHOLD,-NEW YORK -WETLANDS PERMIT This Wetlands Permit No. ......44......... has been granted by the Southold Town Board according to information furnished in Application No. ...A§............ filed by Applicant .Carol Galgano,,,,,...... ......... on ,November 19 19g�..... A map'of the proposed work will be kept ............................... .............. on file in the Town Clerk's Office under the application number given. Permit granted to do the following work .,.build a catwalk, ramp and floating dock ..................................................................................... ................................................................................................................................................................. ...........................................:..................................................................................................................... Location of property on which work to be done riAM.-of-way,, 2X.L les MAh i.a„Road,,,_, Mattituck. ................................................................................................................................................................. .......................................................................................................................................:.....:.............::.... Creek, Bay or Harbor fronting property .....MattiC ,� . ............tuck.........reek.......................... . . �. ..` ...j.... - .............................................................................................................................. :: ...�.:...`.::..')�.� Size of work: Length ,.20 ft catwalk; 12 ft ramp, 20 ft flodt ., Width .....2. ft.....catwalk:.. . 2...ft.......r..a..m...p..........6...ft..... float. .:..r.,....%...... Height Above High Water .................................................................... Depth Below Low Water ...... „-: 3- feet ..................................:............................................... Yards to be Excavated .........None ......................................................................................... Yards to be F i I ledNon e ......................................................................................................... Manner in which material is to be removed or deposited .....---.- .......................................................... ............................................:............................................................................................:........................ Intended use of property ...private ..........................................................:................................................. ...........................................................................................................................................................:..... Conditions if any ...-.-'- ......................................................................................................:.................. ................................................................................................................................................................. Expiration Date ...-.--- Number of Inspections Required ......-........................................................................................................ Inspection Fees ...---.- ........................................................................................................................ Liability Policies in the Amount of ....-r..-- The validity of this permit is or may be subject to the approval of other governmental or,municipal authorities. The Town accepts'no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Town Clerk upon receipt by the Town Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval. , The, applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take allprecautions for the prevention of injuries to persons and property resulting'from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town 'may deem necessary to insure that such operations are being con- ducted in conformity with this•permit. This operation will not substantially:- A. ubstantially:A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. • •, Signed-�F�L�� '�6r( ...:-�.......... .............. own Clerk, Town of South d SEAyL / Date... ecember 30 1980 ................................. .............. r ® ®OF 011a'N. K U QUT • JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: December 30, 1980 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6 NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project will --. not have a significant effect on the environment . DESCRIPTION OF ACTION Application of Carol Galgana Xor a wetland permit. Permissioa is requested to construct a• ramp, catwalk,, •and floating dock at right--of-way located off north side of Westphalia Road on Mattituck Creek, Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental .Conservation, it is assumed that there is no objection nor comments by that agency. _ Further information can be obtained by contacting Mrs. Judith T. Terry, Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Copies to : Carol QRlgano 'Commissioner Robert F. FIReke, DEC, Albany David DeRidder, DEC, Stony Brook Buil,di ng Department, Town ox Southold Town Clerk Bulletin Board ;' =t 'LEGAL'140TICE j. _ `, OTI&,OF.HEARINGS' COUNTY OF SUFFOLK ss: 14 ?`E, ` ` ' 'HEREBY-. STATE OF NEW YORK ;NOTIGE�'=��IS�� ,�� , GIVEN thaf..public;hearings I will be held by the TownBoard- "of.ttie Town of'Southold,at the (,•�Southold,4d',wn Hall; Main�:, Patricia Wood, being duly sworn, says that she is the i _10,4,southold,New-York,=on;- December; 16, '1480,-is fol- Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, lows:- r t ' a public newspaper printed at Southold, in Suffolk County; 3:30 'o cl6ckP.N1. in the 7 �matterkof the application,of and that the notice of which the annexed is o printed copy, $ Cacof, algano for ;a .permit; ry `. under.'the provision's of;the 4 has been published in said Long Island Traveler-Watch- Wetland Ordinance of the' man once each week for .........................weeks tTo*w'of Southold for permis- I y. sion`to 'construct aF:'catwalk; successively, commencing on the ....... """"""""""""" ramp and floatmg-dock on her' " property'located,,on a,-right )9 of-way�off of'the north,side of I.,:- """""""""""' '' "' Westphalia' Road, on 'Matti +tuck-..Creek, Mattituck, New : ....... ......................................... ...................... fYork$. - - 3,': 5 io'clock PM.- ui.;the'�=,= Jinattef',of, the .application oV, , Norman C.;-Boos for-,a',permit' ' under; the,•provisions of the 'Wetland Ordinance 'of,',the �` Sworn me this d y of _ Town'of Southold for:permis- Sw to before;, b a sion to -dredge+ and,.bulkhe_ d.. ®ree_,WJ_ 9 the west 'sideF of-an existing,- marina,�, Broadwaters,,zCove i, ?'Marina, at BroadwateislCove,. Skunk Lane,%Cutchogue, New. . York., All:.person's- -interested",in'. .c��. ... said;;'matters shall',appear-,at I Notar Public the time and place:,above specified and will be.given an .oppor'tunity,to be heard. .'DATED: December 2; 1980 CLEMENT J.THOMPSON JUDITH T.-TERRY NOTARY PUBLIC,State of New Yorh ilo,52-9321725 Town'Clerk •• Residing in Suffolk County TOWN OF SOUTHOLD. + Commission Expres Marcb ?o, 19 Fa 1T,12%4/80(4)' _�_. LEGAL NOTICE NOTICE OF HEARINGS i NOTICE IS HEREBY GIVEN that public hearings will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road,Southold,New York, couNTY OF SUFFOLK. 1 December 16, 1980 as follows:s: 3:30 o'clock P.M. in the STATE OF NEW YORK. � ss: matter of the application of I 1 Carol Galgano for a permit under the provisions of the I • • • • • • • • , • .J 0all.GuS 1:avSQ1 I. . . . . . . . . . 'being duly Sworn, Wetland Ordinance of the Town of Southold for permis- says that . .She. , is Printer and Publisher of the SUFFOLK sion to construct a catwalk, ramp and floating dock on her I WEEKLY TIMES. a newspaper published at Greenport. in said property�located on a right-of- I way off of the north side of county;and that the notice. of which,the annexed is a printed Westphalia Road, on Matti- tuck Creek, Mattituck, New York. copy. has been published in the said Suffolk Weekly Times _ P.M 3tte o'clock ppli in the I once in each week, for one weeks matter-of'the application of•J • • • • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' Norman C. Boos for-a permit under the provisions of the. successively commencing on the . . . . . 4th• • . • • • •• • • . • • • • • • Wetland Ordinance -of _ the . December • • 1980 Town of Southold for permis- j day of . . . . . . . . . . . . . . . . . theest s d e- and bulkhead G 7 �D^ the west side-of an_existing • • • • • • • • • • • • • • • • • • • • • • • • • • • • marina, Broadwaters •Cove Marina,at Broadwaters Cove, { Sworn to before me this . . .'�/. . . . Skunk Lane, Cutchogue,_•New_ ', // York. : . day of . . . . . . . .. . . . . . . . . 19. ��. 1 U All persons interested in . .11. . .�!!"l�. A . -said matters shall appear at � . . . . . . . • . . the time and- place above specified and,will be given an • • • • • • • • " " " " " """ " " " " " " opportunity to be heard.' ' DATED: December 2, 1980, HELEN K.DE VOE JUDITH T.TERRY NOTARY PUBLIC,State_of New York TOWN CLERK I No.4707878,Suffolk County TOWN OF SOUTHOLD i 1 TD4-1577. Term Expires March 30, 19f' OFF CE:OFiTO.WN�.Ct RK TOWN`OFTS-OUT OLD JUDITH T.TERRY `SUFFOI K 7Cou Tjy TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 1197 i December 3, 1980 Mr . David DeRidder Environmental Analysis Unit N.Y.S . Dept . of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. DeRidder : Enclosed is application of Carol Galgano Xor a wetland permit and short Environmental Assessment Form pertaining to the same. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until December 24, 1980 We shall interpret your lack of response to mean there is no objection by your agency. Very trulyjyours, Judith T. Terry Town Clerk Enclosures cc: Commissioner Flacke Southold Town Building Department i �I i I I i I{ . lllllj �i li I i i' - Ij I; STATE OF NEW YORK: SS : I j; COUNTY OF SUFFOLK: f� I ' It JUDITH T. TERRY, Town Clerk of the Town of �j ; Southold, New York, being duly sworn, says that she is over. the i' gage of twenty-one years ; that on the 26th day of November I� 19 Rn , she affixed a notice of which the annexed printed i, jnotice is a true copy, in a proper and substantial manner, in a ;I ; most public place in the Town of Southold, Suffolk County, New i, York, to wit:- Town Clerk Bulletin Board, Town Clerk Office !; Main Road, Southold, N.Y. 11971 i �I II ;:NOTICE OF PUBLIC HEARINGS on wetland applications of Carol Galgano 1 j;and Norman C. Boos - 3: 30 P.M. and 3: 35 P.M. - December 16 , 1980, y ;Southold Town Hall, Main Road, Southold, New York. II j' Judith T.- Terry, TOwn Clerk i Ii it jjSworn to before me this .I �j Rib day Of 1�jy mbep ! �+ee. �zzzr..r e 1980 No ary Publics I MURIEL TOLMAN NMRY PUBLIC,Stott of New York i No.524522026•Suff4k County 57 v Commission Expires March S0#20_ ` r i t I I � I j i I LEGAL NOTICE NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that public hearings will be held by the Town -Board of the Town of Southold at the Southold ,Town Hall , Main Road, Southold, New York, on December 16, 1980 as follows: 3: 30• o' cl'o'ck P .`M, in the matter of the application of Carol Galgano fo,r, a"_permit-,under the provisions of the T^]etland Ordinance of the Town of Southold for permission to construct a catwalk, ramp and floating dock on her property located on a right-of-way off of the north side of Westphalia Road, on Mattituck Creek, Mattituck, New York, 3: 35 o' clock P.M. in the matter of the application of Norman C. Boos for `a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to dredge, and bulkhead the west side of an existing marina, Broadwaters Cove Marina, at Broadwaters Cove, Skunk Lane, Cutchogue, New York. All persons interested in said matters shall appear at the time and place above specified and will be given an opportunity to be heard. DATED: December 2, 1980 JUDITH T. TERRY TOWN CLERK TOWN OF S OUTHOLD PLEASE PUBLISH ONCE, DECEMBER 4, 1980, AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman, Inc. The Suffolk Times Carol Galgano Norman C. Boos Town Board Members Town Clerk Bulletin Board ROAR STEES 0 T - FO COU Telephone C'3 516-765-1938l® Southo . 11971 December 8, 1980 Ms. Judith T. Terry, Town Clerk Town Hall Southold, New York 11971 Dear Ms. Terry: The following action was taken by'-the Board of Southold Town Trustees at a regular meeting held December 3, 1980. RESOLVED to recommend to the Southold Town Board approval of the wetland application of Carol Galgano to erect catwalk over wetlands at private property of the applicant at Mattituck Creek with the condition that the catwalk be kept in line with the existing catwalk and be kept above the grass. Yours truly, ANNA T. HATAIER, PRESIDENT BOARD OF TOWN TRUSTEES By Muriel Tolman, Clerk SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL RECEIVED Southold, N. Y. N 0Y Z 6 1980 Town Klerk Southold November 26, 1980 Mrs. Judith T. Terry, Town Clerk Town Hall Southold, New York 11971 Dear Mrs. Terry: The following action was taken bytthe Southold Town Conservation Advisory Council at a regular meeting held November 25, 1980. RESOLVED to recommend to the Southold Town Board approval of wetland application of Carol Galgano to place a catwalk over wetlands at private property of the applicant at Mattituck Creek. Yours truly, FRANK CICHANOWICZ III CHAIRMAN By Muriel Tolman, Secretary F Uurbac O •F„1C,IOF�TOWN6,CERK MM-OF QIJTHOL'D JUDITH T.TERRY SUFFOLK C ;ISN TELEPHONE TowN CLERK 3 � (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is application no. 58 for a wetland permit submitted by Carol Galgano. Copies of this application have been forwarded to the Board of Town Trustees and Conservation Advisory Council on this date for their report of findings and recommendations . Very truly yours, Judith T. Terry _-Town Clerk JTT/bn Enclosures 'ILE K IOV1V:'OFQU TH©L JUDITH T.TERRY SUFF C7LIC¢C N TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 Mr.' Frank Cichanowicz III, Chairman Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr. Cichanowicz: Transmitted herewith is application no. 58 for a wetland permit submitted by Carol Galgano. Please prepare a written report of findings. and recommendations with respect to this application and submit said report to me within 20 days of receipt of this letter. Very truly yours, Judith T. Terry ..Town Clerk JTT Enclosures O 1 , F,71TOWN G— RK T.O�NOEA OLTTHOLD # T JUDITH T.TERRY TELEPHONE TOWN CLERK tea (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 Mrs. Anna Hataier-, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mrs. Hataier : Transmitted herewith is application no. 58 for a wetland permit submitted by Carol Qalgano, Please prepare a written report of findings and recommendationswith respect to this application and submit said report to me within 20 days of receipt of this letter. Very truly yours, Judith T. Terry - Town Clerk JTT Enclosures OEFICEAETOWN, CLERK TO,WN1 OFY"SOUTHOLD JUDITH T.TERRY • SUFFOLKLCOUNTI' TELEPHONE TONN CLERK °— a g-; � '�}:t (516) 765-1801 REGISTRAR OF VITAL STATISTICS ,:r�y-fes Southold, L. I., N. Y. 11971 November 19, 1980 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by Carol Galgano in connection with her wetland application no. 58 for a wetland permit . Permission is requested to construct a ramp, catwalk, and floating dock at right of way located off north side of Westphalia Road on Mattit k Creek, Muck, New York. Judith T. Terr✓��%�� Y Town Clerk Posted on Town Clerk' s Bulletin Board on 11/19/80 t >, wWr;4� y y",,,,.�r'.R.`�.k'a� �;y.)�'}�tiA:a.`',a', .., ''".'�.-;•,��fi .i'S; ..Y �y�:k1�;.,�wr.:Rrr;:s;,=..,•.:t!�S+=;i:e+r.+•,:.>trt".tS'o ..+:,::Hh=�t.si<rt4:r"r.-..::. /,#e•:t'a .>- ,�`1K,ati+as2 p,... ?`�''i�ix?4`7,_ .� S:'T' .: e� `+�SLi6: P,e,W+a a1 '�"rR+'Y11".,..,.k'7?;�t:€��tY: ...—.-.....'_.:>..,Y, > _._. ._ M'i..:r.,.;Jft.,'-;._ '_�._�• A j J tI { l f 1 1if� ' '^`` l7 .✓' 1�} -...-,c++,rs= v� ` S�rT ( - - ,. 7 �'t �t� i'��i ' i Town Of Southold Town Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT Application No. .......N�-�............... Date of ApplicCtion .. �.�.... .. /..��..,(�.�... I Identity of Applicant ........0.4,0_1. .......G�CLJ.6-cvw. .................................................. Address of Applicant Q.�.. .....C .. ....�L .. Ct.Ca.�U........6 . ..S�f r..(&l f i/??/ INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter permission from the owner of the property if not the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application:) C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $25,00 shall accompany the application. This filing fee includes one inspection. there is a $5.00 fee for each additional inspection. H. The Town Board upon request o,. e/ applicant fqr a permit, may waive in whole or in part, the provisions of Article 11, Section 20, ; subdivisions (0) and a-where it finds that nature of the proposed operations are such that 'the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. Examined .................................................. 19....... Approved ................................................................ Disapproved ........................................................... Conditions, if any ................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. ExaminingBody ..................................................................................................................................... Signatureof Chairman ........................................,................................................................................ APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to (OU'... 1........�..�........�.,.C{T�1.�Gl.J.I.�......r i'..ttl.............. ,.�.(�..f�,.l..�..t/1. ....... .�,.`...6.COYl............................. ................ .............. &Z Location of property for which permit wanted....I.........400..I j..... .................................................................................................................................................................... Home address of permit applicant if different from aforesaid location .. ......�t �:e�� .c .. .....940JU. 61AS.1. ...C..r.... ..............1.L.?.................... I � 1 Creek, Bay or Harbor fronting property ......... C.,. . ............�i.)...t.c'..1'K........ .................................................................................................................................................................. Size of proposed work: Length ................... \.CJS. �:�l.I�............�.�.I..r. . ........... � ...: /.� :1............................ � r � � r Widthr�' .......�,fG.I... ................. .... .......................... �..Q. ................. HeightAbove High Water ........................'r..`......:�.C..e. ............................................................. DepthBelow Low Water ............0....... :.b..............3..... ................................................ Yardsto be Excavated .....................Q Y)&.... ........................ ........................................................ Yardsto be Filled .......................4.a.n. .,...—.. ..'................................................................................. Widthof canal, creek or bay fronting property................................................................................. Depthat Low Tide ............. 3......... ...`in>±............................................................................. ( -- AverageRise in Tide ............ ...................P.. ..................................................................................... Is this for private or. business use. AreaZoning .......:. .�.�..�...(�..L�.(� . .. ,. .......:-......©. .......... .. .�.. ........................... Manner in which material will be removed or deposited .................. . ....................... . .................................................................................................................................................................. r^ ,tel Intended use of property ...................1�..!...�. ..i...S +...` .1!4, . ,..Cc..J�................................................ ..........................................................................................k....................................................................... Written consent of owner of property, if not the same as the applicant ...... ....... .. ....... . ........�... . .. .�.. .. :. .. . ..�......................... V COUNTY OF SUFFOLK SS: STATE OF NEW YORK ) ..........0 to..�............Gla, .� ..a .......................................... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth, in this application and as may be approved by the Town Board of the Town of 'Southold. The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and claims arising under or( ue of said permVifgr nted. .. .. .. ... ..-.... Si nature of -A pli nt Sworn to before me this ................................. cam.-2i.....-...v� a v dayof ..................................................... 19......... F -`Aa-0-aD ......................... . ............... .................................... Notary Public THERESA E. KABELKA )10TARY PUBLIC, State of New York No. 30-7133915 Qualified in Nassau County Commission Expires March 30, 19 g TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : a In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes >�/No 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . . . YeszNo 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . . . . YesNo 4. Will project have a potentially large impact , on groundwater quality? . . . . . . . . . . . . . . . . . . . . . . . Yes ZNo 5 . Will project significantly effect drainage flow on adjacent sites? . : . . . . . . . . . . . . . . . . . . . . . . Yes (�No 6 . Will project affect any ,threatened or endangered plant or animal species? . . . . . . . . .. . . Yes )CNo 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YesILNo 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community?—Yes—K—'No 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area , by a local agency? . . . . . . . . . . . ...: . . •:: YesXNo 10 . Will project have a major effect on existing or future recreational opportunities? . . . . . . . . . Yes/(_No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . . Yes2LNo 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project-' s operation? . . . . . . . . .:". . . : . . . . . . . . . . . Yes No 13 . Will project .have .any impact on public health . or .safety? . . . . . � . . Yes /No 14. Will project affect the existing community by' directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ,No 15 . Is there public controversy concerning the project? . . . . . . . Yes�No PREPARER ' S ,SIGNATURE REPRESENTING DATE / o� 08- � � .r n e RJJ ec-f be //I sj Roo Ro" 30" /