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HomeMy WebLinkAboutMatt-A-Mar Marina Z Town Hall, 53095 Main Road P.O. Box 1179 TELEPHONESouthold, New York 11971 (516)765-1801 RECEIVED SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Clerk Southold January 22, 1986 Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Mrs. Terry: The following action was taken at the regular meeting of the Southold Town Conservation Advisory Council held in December. RESOLVED to recommend to the Southold Town Board disapproval of the Wetland Application No . 193A submitted by- En-Consultants , Inc. on behalf of Matt-A-Mar Marina to construct timber docks . The Council felt the scale of the project is too large for that area and there is concern for the land owners on th-e opposite side. Sincerely, Martin H. Ciarrell, Chairman By Linda J. Cooper, Secretary, -ni TELEPHONE (516)765-1892 q9CEIVO BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DEC n 17 !0 Town Hall, 53095 Main Road P.O. Box 728 S015thoij Southold, New York 11971 December 26, 1985 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Trustees at their regular meeting held on December 26, 1985 regarding the wetland application of Matt-A-Mar Marina: RESOLVED to recommend to the Town Board Disapproval on the application of Matt-A-Mar Marina because of the agreement that was made several years ago not to expand. There was an illegal retaining wall put in, in an intertidal area where the wetlands were damaged and had to be restored. Rather than issue a violation, the Trustees accepted the contractors interpretation that no application was necessary. An agreement was then signed that no dredging would be done on the South side. There is no _ needfor a dinghy dock. At low tide there is no water there. The lighting and safety requirements will effectively remove the whole cove to wildlife feeding at night. The measures for mitigation did not include to bring the people to and from the boats, by launch. Trustee Smith will give a presentation to the Town Board at 11: 00 A.M. . Very truly yours, Henry P. Smith, President Board c(f Town Trustees Ilene Pfifferling Secretary to Board HPS: ip cULA- C= n Town Hall, 53095 Main Road s�� ® P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLFRK (516)765-1501 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28, 1986 Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Dear Roy: Your letter of February 6, 1986 containing supplementary informa- tion for Matt-A-Mar Marina Draft Environmental Impact Statement was presented to the Town Board at their February 25, 1986 meeting. It is the Board's determination that this supplementary information is not satisfactory for acceptance as a Final Environmental Impact Statement. A Final Environmental Impact Statement is needed with all the elements required for an FEIS, including responses to the public hearing comments and the items cited in the Town Board resolution dated Dec- ember 27, 1985. All conclusions need to be supplied by documented studies. Very truly yours, Judith T. erry Southold Town Clerk cc: R. Cron, Esq. Matt-A-Mar Marina FOR DISCUSSION Re: MATT-A-MAR Final Environmental Impact Statement Southold Town Board resolution 12/27/85 requested Matt-A-Mar to prepare a Final Environmental Impact Statement, all in'accordance with said law, rules, and code, within sixty (60). days from the date of the resolution, addressing concerns of the Town Board, which are outlined in'the attached resolution. On February 10th I received the attached letter from En-Consultants, Inc. containing specific responses to the items referred to, and requesting that when this response is added to the DEIS it be considered a. Final EIS. was inclined to respond to En-Consultants that the supplementary information is not satisfactory for acceptance as a Final EIS. A Final EIS is needed with all the elements required for an FEIS, including responses to the public hearing comments and the items cited in the Town Board resolution. All conclusions need to be supplied by documented studies. However, I felt the Town Board should make this determination. Upon your direction I will forward such a letter. J. Terry Q �e ,y Town Hall, 53095 Main Road 1�e P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1985: WHEREAS, Matt-A-Mar Marina has heretofore filed an application with the Town Clerk, pursuant to Chapter 97 of the Code of the Town of Southold, for a Wetlands Permit on certain property along the north shore of Peter's Creek, a tributary of Mattituck Creek, and WHEREAS, pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Tow Code, the Town Board, as lead agency, determined that the action proposed is a Type I action and is likely to have a significant effect on the environment, and WHEREAS, the Town Clerk did file and circulate such determination as required by the aforementioned law, rules and code, and WHEREAS, Matt-A-Mar Marina did, upon request of the Town Board, cause to be prepared and filed a Draft Environmental Impact Statement, all in accordance with said law, rules and code, and WHEREAS, the Town Board of the Town of Southold held a public hearing on the Draft Environmental Impact Statement submitted by Matt-A-Mar Marina at the Southold Town Hall on December �, 1985, at which time all interested persons were given an opportunity to speak, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby determine that the action proposed is likely to have a significant effect on the environment, and be it further RESOLVED that the Town Clerk immediately notify the applicant, Matt-A-Mar Marina, of this determination, and further request said applicant to prepare a Final Environ- mental Impact Statement, all in accordance with said law, rules and code, within sixty (60) days from the date of this resolution, addressing the following concerns of the Town Board: { 1. How does the applicant prevent loss of productivity of the eco-system shadowed by the four hundred and fifty foot of four foot dock? 2. How does the applicant prevent excess of light from the dock at night-time from interfering with wildlife feeding? 3. Many of the_dinghies will have motors on them, and how does the applicant propose to prevent the disturbance of a shallow bottom in the four hundred and fifty foot length of dock? 4. Referring to the above (item 4) how does the applicant propose to prevent pollution from the motors on the dinghies that will use the dock, since the proposed location is at the end of the creek? Judith T. 7 erry Southold Town Cler ENVIRONMENTAL SERVICES FES 10 1986 Tem d Z& EN-CONSULTANTS, INC . 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 516-283-6360 February 6, 1986 Mrs. Judith Terry Town Clerk Town of Southold P.O.Box 728 Southold, NY 11971 Re: Supplementary information for Matt-a-Mar DEIS Dear Mr. Terry: Please consider this letter as a response to the Town Board resolution ,of December 27, 1985. When added to the DEIS, we request that it be considered a Final Environmental Impact Statement (FEIS) . Specific responses to items 1-4 are listed below: 1. Sunlight striking the surface of a body of water is both -reflected and refracted. The reflected portion does not enter the water but rather "bounces" off at an angle equal to the angle of incidence. Light rays which -are refracted are bent as they pass from one medium to another. Thus, while shadows are created by objects (such -as docks) on the surface, a significant percentage is still able to impinge upon objects within the shadow and allow photosynthesis to occur. This is the initial step in the food chain and, when taken in aggregate, yields the productivity of an environment. 2. No additional lighting will be necessary for the proposed docks. Present lighting on the upland is adequate and will not alter wildlife feeding patterns. 3. Most dinghies draw between 6" - 18". Many are rowed and those that are powered have small outboard motors ranging from 1-52 horsepower. Engine shafts are usually short to enable these small boats to go in shallow water. Revolutions per minute (rpm) are low as these engines are not intended for speed. ,,,,,, For these reasonsbyy`the turbulence created by this type of craft is negli- gible. , Turbidity created boats is a minute portion of that created by natural wave and tidal action in shallow bodies such as this. t. . y Page 2 Re: Supplementary information for Matt-a-Mar 7EIS 4. water drawn in to cool outboard engines in the small size range does not come in contact with gas and oil. Cooling water recirculates until a prescribed temperature is reached at which point fresh cool water is drawn in. Exhaust ,gases_ _ are ejected from ports either above or below the water line or both depending upon the make and design of the engine. While a small percentage of these gases may dissolve in the water column, most escapes to the air. The "pollution" which results is negligible. Please accept these comments and proceed with appropriate processing. Ver truly yours, RLH:db Ro Hajer cc: Richard Cron, Esq. President Matt-a-Mar Marina Q�®c�vFFDL��®G ® Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: December 27, 1985 Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, upon receipt of a Draft Environmental Impact Statement, and public hearing on same, does hereby determine that the action described below is a Type I action and is likely to have a significant effect on the environment, and has requested the filing of a Final Environmental Impact Statement. DESCRIPTION OF ACTION Application of Matt-A-Mar Marina for a permit under the provisions of the Wetlands Ordinance of the Town of Southold, to construct timber docks consist- ing catwalk, hinged ramp leading to 18 floats, at certain property located along the north shore of Peter's Creek, a tributary of Mattituck Creek, Mattituck, New York. Further information may be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Board of Southold Town Trustees Southold Town Conservation Advisory Council Richard J. Cron, Esq. Matt-A-Mar Marina En-Consultants, Inc. Town Clerk's Bulletin Board -4 ® Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 30, 1985 Richard J. Cron, Esq. Main Road Cutchogue, New York 11935 Dear Richard: Enclosed herewith is a second "Notice of Significant Effect on the Environment" in connection with the Matt-A-Mar application for Wetlands Permit, which determination was the subject of a Town Board resolution on December 27, 1985, copy of which is enclosed herewith. Matt-A-Mar Marina is hereby requested to prepare a Final Environ- mental Impact Statement for submission within 60 days of the date of this resolution. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Matt-A-Mar Marina En-Consultants, Inc. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1985: WHEREAS, Matt-A-Mar Marina has heretofore filed an application with the Town Clerk, pursuant to Chapter 97 of the Code of the Town of Southold, for a Wetlands Permit on certain property along the north shore of Peter's Creek, a tributary of Mattituck Creek,' and WHEREAS, pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Tow Code, the Town Board, as lead agency, determined that the action proposed is a Type I action and is likely to have a significant effect on the environment, and WHEREAS, the Town Clerk did file and circulate such determination as required by the aforementioned law, rules and code, and WHEREAS, Matt-A-Mar Marina did, upon request of the Town Board, cause to be prepared and filed a Draft Environmental Impact Statement, all in accordance with said law, rules and code, and WHEREAS, the Town Board of the Town of Southold held a public hearing on the Draft Environmental Impact Statement submitted by Matt-A-Mar Marina at the Southold Town Hall on December 3, 1985, at which time all interested persons were given an opportunity to speak, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby determine that the action proposed is likely to have a significant effect on the environment, and be it further RESOLVED that the Town Clerk immediately notify the applicant, Matt-A-Mar Marina, of this determination, and further request said applicant to prepare a Final Environ- mental Impact Statement, all in accordance with said law, rules and code, within sixty (60) days from the date of this resolution, addressing the following concerns of the Town Board: 1. How does the applicant prevent loss of productivity of the eco-system shadowed by the four hundred and fifty foot of four foot dock? 2. How does the applicant prevent excess of light from the dock at night-time from interfering with wildlife feeding? 3. Many of the dinghies will have motors on them, and how does the applicant propose to prevent the disturbance of a shallow bottom in the four hundred and fifty foot length of dock? � I i 4. Referring to the above (item 4) how does the applicant propose .to prevent pollution from the motors on the dinghies that will use the dock, since the proposed location is at the end of the creek? �udith T. erry Southold Town Cler air <Z� L- GGG rll Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 1985 Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Gentlemen: The Southold Town Board is in the process of considering their decision with respect to the public hearing on the Draft Environmental Impact Statement of Matt-A-Mar Marina for a Wet- lands permit. Please advise this Board what has transpired in the past with respect to this applicant. When this was first con- sidered for a Wetlands permit in early 1984, was an application for floating docks filed with the Trustees, and if so, what was the disposition of the application? Has Matt-A-Mar recently filed an application for floating docks, and if so, what is the disposition? The Town Board would like a member of the Town Trustees to meet with them on December 27th to more fully discuss the Matt-A-Mar situation. Very truly yours, Judith T. Terry Southold Town Clerk f • i PUBLIC HEARING SOUTHOLD TOWN BOARD December 3, 1985 8:00 P.M. IN THE MATTER OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT SUBMITTED BY MATT-A-MAR MARINA WITH RESPECT TO THEIR PETITION FOR A WETLANDS PERMIT, MATTITUCK, NEW YORK. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: Councilman Townsend will read the notice on the hearing on the draft environmental impact statement submitted by Enconsultants for Matt- A-Mar Marina. COUNCILMAN TOWNSEND: The legal notice reads as follows: "Notice is hereby given that the Town Board of the Town of Southold will hold a public hearing at 8:00 P.M. , Tuesday, December 3, 1985, at the Southold Town Hall, Main Road, Southold, New 'York, on the Draft Environmental Impact Statement submitted by Enconsultants, Inc. , on behalf of Matt-A-Mar Marina, with respect to their petition for a Wetlands Permit on certain property located along the north shore of Peter's Creek, a tributary of Mattituck Creek, Mattituck, New York. Applicant desires to install 486 feet of floating dock, with a 4 foot by 35 foot catwalk and a 3 foot by 15 foot access ramp. SEQR lead agency is the Southold Town Board. A copy of the Draft Environmental Impact Statement is on file in the Office of the Southold Town Clerk, Town Hall, Main Road, Southold, New York, and is available for inspection during regular business hours. Dated: November 7, 1985, Judith T. Terry, Southold Town Clerk." Notice of that was published in The Suffolk Times and The Long Island Traveler- Watchman and affixed to the Town Clerk's Bulletin Board by the Town Clerk. There has been no comment received on this draft. SUPERVISOR MURPHY: Thank you, Joe. You've heard the official reading. Is there anyone here who would like to speak on behalf of the applicant? RICHARD J. CRON, ESQ. ; Cron and Cron-:- We represent the petitioner or the applicant in this matter, which is Matt-A-Mar Marina. As Mr. Townsend so aptly read, the purpose of the application. before the Board is to secure approximately Page 2 - Matt-A-Mar Dr EIS 486 feet of floating dock space, together with a 4 by '35 footwalkway, 'and a 3 by 15 ramp, which would run from existing retaining wall to the floating dock area. This matter, of course, is one which deals principally, as far- as this Board is concerned, with whatever affect this application would have under the wetlands as they are defined in the Wetlands Ordinance of the Town of Southold. In pursuit of the application, as the Board has heretofore requested, a draft environmental impact statement was prepared by Enconsultants, which address the various environ- mental issues that would have play in this particular application. I'm sure the Board is aware where this property is. It's situated off Wickham Avenue in Mattituck and consists of approximately nine and a half acres and the area in which the floating dock space would be installed would be along the northerly shore of Peter's Creek, which is a tributary of the Mattituck Creek. I think you will see from the environ- mental impact statement that has been submitted that it would have little effect on existing wetlands, principally because the dockage itself will be floating and will be installed in an area that will be removed from existing wetlands. If I understand the application myself, it would be probably five to eight feet away from the existing wetlands. I think not only does the Board have to obviously consider the wetlands aspect of the application, but perhaps we should also give consideration, maybe not as much as what you would do with respect to the wetlands, but to the fact that the existing zoning of the Town of Southold under which this property is zoned, and that is a "B" Light Business Zone, fosters and promotes the type of facility that exists here and the mooring of docking of boats. This particular facility not only is necessary for an orderly operation of the marina itself, but it adds to the operation of the marina a very important safety factor. The principal users of the floating dock areas for which dinghies would be accomodated, and probably not more than 30 to 40 in number, would be the larger boats that moor in Mattituck Creek. They would be the principal users of the floating dock space. I would further point out to the Board that this particular area under the proposed master plan, is proposed to be a resort recreational area. Again an area which would be in complete conform- ity with this particular application. So I would submit to the Board that the applica- tion that they have before it is in full conformity with what the existing ordinance is for the use of the property, as well as in complete conformity with that which is proposed under: the master plan. I don't think there is a great deal more that I can say on the subject. I think the draft environmental impact statement would address all of the issues from an environmental point of view. 1 do, however, have present this evening, Mr. Roy Haje who is President of Enconsultants and if the Board wishes to address any questions to Mr. Haj�e regarding the environmental factors on the application I'm sure he would be pleased to answer such questions. In addition, have present Mr. Kogelschatz who is the manager and principal operator now of the Matt-A-Mar Marina and I'm sure he would be able to answer any questions that you may have that would be pertinent to the operation of the marina with respect to this particular application. Thank you. SUPERVISOR MURPHY : Does any Board member want to address either of those two gentlemen? Any questions? COUNCILMAN STOUTENBURGH : Yes, I would. One of my problems with this is . that I've been with this Matt-A-Mar Marina for many, many years, and as you know the people in the area are quite concerned that it never stops expanding, and every time that an application has been put forth this was going to be the last expansion of the marina, and when the !'retaining--.wall" was put in along Peter's Creek, that was the very last bit of expansion they would ever want to be doing in there and they were not interested in Peter's Creek at all. Dick, when you say it's zoned Marine Business--Light Recreation, you're referring to Matt-A-Mar itself, not across the way? Page 3 - Matt-A-Mar Drz.._ EIS MR. CRON: I'm referring to the marina property itself. COUNCILMAN STOUTENBURGH : Right, and I'm concerned about the people who live across the way and what I'm concerned with here is someplace along here there has to be a stop on this. Now, I'm a sailboat person myself and,-I have sailed up and down this coast and I've brought my dinghy ashore in many a place and never in my life have I ever seen a 450 foot long dock for dinghies. To me this is absolutely ludicrous. I can understand what you're driving at, that you should have a place where dinghies come in, to keep them off your regular dockage area. I would go along with that a hundred percent, but to go ahead and put in a thing like this, it just does not make sense to me and maybe I'm missing the point. Maybe you're saying that you're going to have other kinds of boats along there. I don't know, but this was brought to my attention as a place for-Ainghies, for boats who are out in the anchorage area coming in to use the facilities, and if you have 15 dinghies there at one time, remembering that most of the dinghies are going to go to the village and go up there to get their supplies and bring their garbage and what have you back and forth there and use that facility rather than the marina, I can't quite see 40 dinghies at that place at one time. MR. CRON : Well, let me see if I can address some of your concerns. I'm sure you and. 1. and the rest of the Board probably would share any concern regarding unwacrra.nted_ expansion, but I'm not certain that you're dealing with that in this particular application-. , Now 1 know nothing of all of the othe j applications in terms of discussion, which would limit the use of the marina. It seems to me, however, that what is proposed here is in furtherance of a marina. Now you can use the term "expansion". I'm not so sure I agree with your interpretation of that term as it applies to this particular application. I look upon this more as an application in furtherance of what you have and what is permissible under the Southold Town Zoning Ordinance, and what is intended to be permissible undler the proposed master plan. You must appreciate that the arm of Mattituck Creek, Peter's Creek there, is a very shallow area. By virtue .of its. shallowness it limits the use of that particular arm. COUNCILMAN STOUTENBURGH : Agreed. i MR. CRON : So you are almost,_ by virtue,-of the physical cha acteristics of the creek itself in that area, limited to dinghies. Now, I don't know why it becomes a problem to look at the possibility that„perhaps 30 or 40 dinghies might be accomodated there. What's the difference, whether they are orderly and properly maintained and accomodated there so that the people who use Mattituck Creek with the larger boats and who wish to use the facilities of Matt- A-Mar Marina are - permitted to do so in this orderly manner. Would you prefer that they helter and skelter all over the principal dock area with their boats? Causing a safety factor--- COUNCILMAN STOUTENBURGH : I just said no, I said no to that. I said no. agree. There should be a place, but what I'm saying is---- MR. CRON : This I say to you then. is an answer to that and as a means of orderly conducting that marina. And it has its limitations by virtue of the physical characteristics of that arm. COUNCILMAN STOUTENBURGH : The extent is absolutely uncalled for. That's all can say. It's 432 feet of dock=-another 30--it's 462 feet of dock for dinghies. The biggest dinghy is 8 foot long and a maximum of 4 foot wide. Where are you going to put all these things? Are you going to space them ever 10 feet down--- Page 4 - Matt-A-Mar Dr'-- _ E I S MR. CRON : They're going to put them in those spaces--- COUNCILMAN STOUTENBURGH : No, no, no, you're not. AndiI have some feeling for the people across the way from that and I think these people across the way, which is only 100 feet across, shouldn't have to look into a stretch of a dock in front of a--what's a half way decent looking marshland. I thunk we're just over- doing it. We're overkilling. Basically that's what you're doing. i MR. CRON : Yes, but you're also overdoing it the other way by saying--- COUNCILMAN STOUTENBURGH : I'm not limiting them. MR. CRON : --well, we!II grant you a marina and the right to have a marina, and the right to moor and _accomodate boats, but only in a very, very limited fashion. 1 submit to you your ordinance doesn't say that it has to be �imited as you propose. COUNCILMAN STOUTENBURGH : I submit to you that you will not fill that with 40 dinghies. MR. CRON : Well, I don't operate it, but--- COUNCILMAN STOUTENBURGH-: I know, but I have been around where boats are and I think we have a person in the audience who's going to ave to stretch to find 40 dinghies at one day at his marina. MR. CRON : Well, in that area 1 would defer, as far as the answer, to Mr. Kogelschatz. After all, he does operate the marina there, so I'm sure he could give you a better answer then I can with respect to that. JUSTICE EDWARDS: Do you have a sketch of that property with you, Mr. Cron? MR. CRON : A sketch? JUSTICE EDWARDS: A sketch. MR. CRON : I think it's in the entire file that's before the Board. JUSTICE EDWARDS: Thank you. MR. REESE KOGELSCHATZ : I'm the manager of Matt-A-Mar. COUNCILMAN STOUTENBURGH : How long have you been working for Matt-A-Mar? MR. KOGELSCHATZ : Approximately eight months. Six to eight months. COUNCILMAN STOUTENBURGH : You've been through the season then? MR. KOGELSCHATZ : Yes, I've been through the season. 1 know your question is the amount of boats and the reason for the length of the docks. Our docks-- think there. are approximately 90 to 100 docks and in those amount of docks there are approximately 40 to 50 permanent resident boats, and of those 40 or 50 permanent resident boats, probably 30:. of-them have dinghies. Now, righIl now a lot of them that tie up there they'll have the dinghies along side the boat or they'll just tie them off the back. A lot of them struggle to try and get them up on their bulkhead. So right.'.now a lot of those permanent boats need a place to- stick their dinghies. Now you come to a busy holiday or busy weekend, you say a lot of the boats would use Page 5 - Matt-A-Mar Dr___ EIS the Town dock or the facilities at the Town dock. In the few months that I've been there I would say there's been maybe five to ten percent of the boats that tie up there use the Town dock. I think they like the looks of our facility. They might want to come and use our swimming pool. We have picnic tables, restaurant,: restrooms and everything that they really need there. So thre are times that we will need slips for 30 to 40 dinghies,' ,because we might have 15 or so that are permanently moored there. The length of the dinghies you s y are 8. foot. Most dinghies now are say between 8 and 9, 10 foot. The maximum size boat would be there would maybe a 11 or 12 foot dinghy, but the reason for the length is because of, as he said, the depth is very shallow. How far out the dock would be from the bulkhead, so we would need approximately that many feet to fill if we have as many boats as we need, because the safety factor of the boats that -circle around in front of the gas docks and not places to tie up they pull up in the marshland and every- thing else and wouldn't be good. So that's the main reason a have the docks that long. Thank you. SUPERVISOR MURPHY: Okay, any other Board member have a question? COUNCILMAN TOWNSEND: Yes, - I just wanted to review the 'nature of the dredging. SUPERVISOR MURPHY: With who? COUNCILMAN TOWNSEND: With Mr. Haje. COUNCILMAN STOUTENBURGH : There's no dredging. COUNCILMAN TOWNSEND: No dredging? Oh, okay. It see ed to me I -saw some- thing in here--and I hadn't thought there was any dredging. What is the depth of water in front of the dock--the proposed dock? COUNCILMAN STOUTENBURGH : Three feet at the most. MR. ROY HAJE, President, En-Consultants, Inc. : Maximum about 3 feet. COUNCILMAN STOUTENBURGH : By the way there's a clause someplace in your deed somewheres along there that there never will be any dredging in that Peter's Creek. SUPERVISOR MURPHY: Any other Board members? (No response.) Anyone else would like to speak in favo,r:,of this application? COUNCILMAN STOUTENBURGH : Mr. Kujawski, do you have anything as a Trustee? SUPERVISOR MURPHY: Anyone else would like to speak in favor? (No response.) Anyone like to speak in opposition to this proposed application? Mr. Kujawski. MR. FRANK KUJAWSKI, Southold Town Trustee: There's a historical perspective to this application. There's a Trustees' portion of it. This, of course, took place prior to the Trustees taking over the Wetlands Ordinance. 1 believe it's one of those last few that came before the Town Board. This application has already been rejected by the Town Trustees, their portion of it, and I think that was--Jean when you were first elected to the Board, the first couple of months. COUNCILWOMAN COCHRAN : Yes. TRUSTEE KUJAWSKI : Public opposition to this application was very vocal and Page 6 - Matt-A-Mar Dr',__ EIS numerous. We filled up our little meeting room at the end of the hallway and had to move to this room several times over this application, and the reason for that is I think the six years that I was on the Board of Trustees Matt'-A-Mar Marina was a constant source of growth and friction between its neighbors and the marina itself. Of course the neighbors watched the expansion of the marina occur quite rapidly through the 60's and-701s. The most recent expansion there was the extension of the docks on the western portion of the property extenting out into the marina. At one time--I think,.-Paul-' you were on the Board, there as an applica- tion there for five 90 foot T docks stretching out into the Ton►n basin, which is really the federal anchorage area. We finally whittled that down to a 90, 1 believe, T dock for the gas facilities, but then had to actually bring back all of the other sections to the edge of the public property--rather the edge of the federal property. So all of the public property between the federal anchorage aIPd Matt-A-Mar Marina is now presently covered with floating docks. The final--I guess the final construction activities that took place there was the construction of the bulkhead on the south portion of the property, or the north shore of Peter's Creek.1 This bulkhead, at the time, was found to be in violation by the Town Buillding Department and _at that time Mr. Van Name, I believe was the manager, and Dr. Samuels was representing-- you weren't representing them at that time, I don't believe. Dr. Samuels represented Matt-A-Mar Marina, Dr. Aggarabi, and came in and met with the Board of Trustees. We were in. kind of a perplexed position. We were again sitti hip down with not the most favorite facility in Mattituck on the creek. All of the neighbors were really clammoring for the Trustees to insist that this bulkhead be. taken out. It was put in without an application, it should' be removed. There was some wetlands damage that had been indicated and Dr. Samuels at the time offered to fix the damaged areas, of wetlands and replant them with spartina grass. This never was done, but Mother Nature and her spartina grass did do a good job of filling in, as it will do, and that area, I believe, is fairly healthy. ,now. But we did work out a--I thought--sort of a gentlemen's type agreement between the Board of Trustees, the Mattituck Community of Browers Woods and the neighborhood there, I believe they're the Mattituck Watch- dogs--I can't remember the name of the community group. Mrjs. Delahanty I remember was the most vocal portion of it because she was determined to shoot each Trustee and each representative of Matt-A-Mar if they dared leave the room. And Matt-A- Mar, where no further construction of any sort- would further occur in Peter's Creek. We also agreed at that time that Matt-A-Mar Marina had reached the boundaries of its perimeter and had gone as far into Mattituck' Creek as it possibly could. So we had achieved maximum capacity. Now, when this application dame along to the Trustees we were, number one, quite surprised, and I have to say that the approach tonight was not the approach that was given to the Trustees. At the time the reason for this dinghy dock was to accomodate the dinghies of the people who stay at Matt- ; A-Mar. In other words by maximizing the use of the slips people would be able to drive their dinghies around to the other side, thereby makingi more dock space avail- able. Well, being a sailboater myself and having gone to Esse s Island Marina, and believe Henry-,is a, pretty good boater and Jean I think had some experience, we had never seen anything like a dinghy dock. You know, you drag your dinghy up alongside of your hull at night and that's it. You don't need a dinghy dock. This is the first I heard tonight that it was going to take care of the docks that were moored in the basin. I didn't_-realize there was that much traffic between Matt-A- Mar, and I'm in the creek quite a bit, between the people whol anchor in the basin . and who come in-,to Matt-A-Mar. But I think at the time, when .we rejected this, we suggested that they look into using the boat launching slip as a possible area to bring dinghies in at night. So I believe the Mattituck Community was satisfied with that. I mean, they realized they have a neighbor that is a non-conforming use. It's a residential neighborhood, but this facility did exist. I also recognize the fact that the master plan is addressing marine recreation and certainly 1 think the Trustees now have a philosophy that existing marinas should be allowed to expand to their Page 7 - Matt-A-Mar Dr-.. EIS capacity, but there is an agreement and the word was given to this community that there would be no construction in the Peter's Creek area, and I think we have to honor that agreement that was made in public, and that's why the Trustees rejected the application. And I think why the Trustees also recommended disapproval, didn't they? TOWN CLERK TERRY: Yes, they did. I would like you to know that you're going to be addressing this again. TRUSTEE KUJAWSKI : I won't be. TOWN CLERK TERRY: Well, I don't know. Aren't you having another meeting in December? TRUSTEE KUJAWSKI : Yes. TOWN CLERK TERRY: Then you may be addressing it again, because the Town Board--- TRUSTEE KUJAWSKI : Taking lead agency, you mean? TOWN CLERK TERRY: No. The Town Board denied this application without prejudice, but have not completed the SEQR process. They had done a significant. And all of a sudden the draft came in. So now we had top request a new applica- tion from them---- TRUSTEE KUJAWSKI : This is the first I've heard of the draft environmental impact statement. TOWN CLERK TERRY: That's the hearing we're having tonight, right now. So they had to file a new application, Frank. And now because the Town Board is doing it we have to go back to the Trustees for another recommendation as-Well as the Conservation Advisory Council. TRUSTEE KUJAWSKI : Wouldn't a new application go to the Trustees? TOWN CLERK TERRY: A new one would not go to the Trustees because the lead agency is sitting here right now. TRUSTEE KUJAWSK 1 : There' wouldn't be a new lead agency? TOWN CLERK TERRY: According to the Town Attorney he tells me no. And I was required to ask the applicant for a new application. TRUSTEE KUJAWSKI : Well, I'm giving you the view of the Board. I'm not here under their authorization, but I think Jean probably recalls these conversations. COUNCILMAN TOWNSEND: Could I ask a question? Seeing that you're here. I was looking at the minutes of your meeting and I see that there was a lot of comment from the neighborhood, .particularly Mrs. Delahanty, but we're here on an environmental basis and I was wondering if you had any specific comments. Now you said that you were concerned about an agreement that had been made between the Trustees. In what form did that take? Was that based on an environmental review? I TRUSTEE KUJAWSKI : We were seeking to arrange a working relationship between Matt-A-Mar Marina and the community in the area which had been constantly at odds. - Page 8 - Matt-A-Mar Dr-. EIS They were very upset because the bulkhead went in. Mat-A-Mar Marina was quite upset: that they may have to take the bulkhead out and what we decided was, okay, let's let them leave the bulkhead in, we'll replant the spartina grass in front and there never will be dredging, there never will be construction in this area, boats will never be docked in the Peter's Creek area. COUNCILMAN TOWNSEND: I think as far as any action on a wetlands permit it might be important information, but as far as the environmental impact statement, what I would like to--- TRUSTEE KUJAWSKI : I'd- be the first to admit that a ramp and a floating dock is not going to have a significant environmental effect upon the wetlands or the bottom. We were a little leary about this remaining as a dinghy dock if it was approved. COUNCILMAN TOWNSEND : I see. In other words you're saying what might happen is that it might be converted to some other use that would, have motors and gas spillage and pollution, further increase--- TRUSTEE KUJAWSKI : All marinas--they're there to exist to make money. I mean that's the purpose of a marina. They don't operate at a loss. The economics of these things are to try to maximire--and 1 think the master plan recognizes-that they should maximize facilities within bounds. COUNCILMAN TOWNSEND: And with two feet of water they probably wouldn't be able to moor a heck of a lot of--- TRUSTEE KUJAWSKI : Not without dredging. COUNCILMAN TOWNSEND: So you're saying that basically from just a pure environ- mental reason this kind of ramp and floating dock does not generally represent a problem, but for other reasons--agreements that have been made, that kind of 'thing, the Trustees voted against it? TRUSTEE KUJAWSKI : I believe it's the recommended form of docking--ramps and floating docks, yes. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to speak in opposition to this applicant? Ruth. MRS. RUTH OLIVA, North Fork Environmental Council : 1 would like to support both Paul's position and' Frank's position. I've been at many hearings with Matt-A- Mar, with the DEC and with the Trustees, and I would like to say also that there has been a great deal of contention between Matt-A-Mar and its neighbors, and although 1 also agree with your question, Joe, that there is no basic environmental harm with a floating dock and accessing the docks, I also feel in the draft environ- mental impact statement it should have stated why it was so necessary. They just said that some people were pulling up their boats on the wetlands and they destroyed the wetlands, but I didn't see any documentation of that, and if that is the case then there should have been signs there posted not to bring it up on the wetlands, to.':put it across to one of the docking areas and I just don't see that you need 486 feet for 40 dinghies. It just seems absolutely ridiculous to me. Thank you. COUNCILWOMAN COCHRAN : I have a question of Frank. I believe one of the things 'we offered whoever--Van Name that was the manager at the time--as Board of Trustees I believe one of the things we felt that the project was too extreme and we made the offer.that if he would come in and sit down with us, that we Page 9 - Matt-A-Mar Dr..,'EIS i could possibly work out an alternative design. Did this ever happen at that time, Frank? TRUSTEE KUJAWSKI : No, not after that, no. COUNCILWOMAN COCHRAN : Okay. SUPERVISOR MURPHY: Anyone else like to speak in opposition? Frank? I MR. FRANK BEAR: I happen to have been at the Matt-A-Mar Marina the day that Paul Stoutenburgh and Frank Kujawski were there and we talked with Dr. Samuels and I saw the bulkhead that had been put in illegally, the damage done to the wet- lands, and heard the promise that this would be the last. expansion that would ever be asked for that marina. I questioned that even now after all the expansion that has occurred between that- time and today, there is any reason to believe that there will not be damage to the wetlands and not be some pollution there. I find it difficult to believe that the use of that dock will be limited entirely from now on until the end of time to dinghies. Also the increased use of Mattituck Creek, the increased number of boats that come in there and this will encourage more, has been over the period of years a polluting aspect of the creek and the creek does not have a good movement in the water up there and 1 think it's time that we stopped this before it goes any further. I oppose this very vigorously. SUPERVISOR MURPHY: - Thank you. Anyone else like to speak in opposition to this applicant? (No response.) Anyone like to make any comments at all? Any Town Board members like to? MR. CRON : May I? SUPERVISOR MURPHY: Sure . MR. CRON : You know everybody, seems to be using the term "expansion", and of course that's ones choice, but whether that realistic on the basis of this applica- tion is something else. 1 think it's as much accomodation for existing usage of the marina as anything. Now if you wish to call that an expansion, that's your choice of use of words, but there is a need to fulfill on the basis of the existing usage at that marina and the boating docks accomodates this existing usage. I want to place on the record with respect to Mr. Kujawski, that all that he has discussed here with this Board is not material and relevant to this application on this wetlands permit. It may be of interest to him and it may be of interest to others as to historical data and material of that nature. Much of which he has indicated to this Board is strictly hearsay and further has nothing to do with this application. And it wouldn't surprise me that the Trustees would act by acclaimation on the basis of neighbor's complaints. G SUPERVISOR MURPHY: Anyone else like to make any comments? (No response.) Any Town Board members like to comment any further? (No response.) If not, at this time I'll ,close the hearing. Hearing adjourned at 8:35 P.M. l udith T. Terry Southold Town Clerk i alms DRAFT ENVIRONMENTAL IMPACT STATEMENT for Matt-a-Mar Marina Proposed Docks Mattituck, Town of Southold Suffolk County, N.Y. • Lead Agency: Southold Town Board Town Hall 53095 Main Road Southold, NY 11971 Contact Person: Judith Terry Town Clerk 765-1801 Prepared by: En-Consultants Inc. 1329 North Sea Road Southampton, NY 11968 l TABLE OF CONTENTS Page I LIST OF APPENDICES i - SUMMARY 1 i DESCRIPTION OF ACTION 2 DESCRIPTION OF ENVIRONMENTAL SETTING 5 i EXISTING ENVIRONMENTAL FEATURES OF SITE 5 GEOLOGY AND SOILS 5 SLOPES AND TOPOGRAPHY 6 LAND FORMS 7 MINERAL RESOURCES 8 HYDROLOGY 8 GROUNDWATER 8 SURFACE WATER 9 ECOLOGY 9 FLORA 10 I FAUNA 10 LAND USE 11 IMPACT OF THE ACTION ON THE USE AND CONSERVATION OF ENERGY (WHERE APPLICABLE AND SIGNIFICANT) 12 DESCRIPTION OF MITIGATION MEASURES TO MINIMIZE ADVERSE EFFECTS 13 DESCRIPTION AND EVALUATION OF REASONABLE ALTERNATIVES TO ACHIEVE THE SAME OR SIMILAR OBJECTIVES 13 IDENTIFICATION OF ANY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES 14 DESCRIPTION OF ANY GROWTH-INDUCING ASPECTS OF ACTION (WHERE APPLICABLE AND SIGNIFICANT) 14 'I , LIST OF APPENDICES 1. Survey of property by Roderick Van Tuyl 2. Plan of Proposed Project 3. U.S. Army Corps of Engineers project map of Mattituck Creek SUMMARY The applicant, Matt-A-Mar Marina, proposes to install 486 ' of floating dock, with a 4 ' x 35 ' catwalk and a 3 ' x 15' access ramp, along the north shore of Peter' s Creek, a tributary of Mattituck Creek. The purpose of the project is to provide convenient and safe access to the marina facilities and surrounding area facilities to boaters utilizing the federal anchorage area in Mattituck Creek. The project will result in no long-term or significant adverse environmental impacts. Minor, short-term impacts resulting from construction are expected in the form of increased suspended sediment and localized damage to wetlands grasses. In order to mitigate these impacts, the applicant proposes that construction take place during the spring months, and will replace any marsh grass that will be damaged. The proposed floating dock will allow safe and convenient access to the upland by boaters who might otherwise transverse the wetlands which fringe almost all of the area' s shoreline. Additionally, by allowing use of the marina' s sanitary _ facilities to boaters using the anchorage, water quality in the creek will be enhanced. All reasonable alternatives including a fixed dock, alternate location and size, and the no-action option were -1- I r considered and rejected due to environmental and economic reasons. Approval is required from the Southold Town Board.' I Permits are required from the Southold Town Trustees, the New York State Department of Environmental Conservation and the U.S. Army Corps of Engineers. Additionally, the project requires a determination by the New York State Department of State Coastal Management Program Office that the project is consistent with the state' s Coastal Management Program. i DESCRIPTION OF ACTION The applicant proposes to install 486 linear feet of floating dock, with a 4' x 35 ' catwalk and 3 ' x 15 ' access ramp, along the north shore of Peter' s Creek, a tributary of Mattituck Creek. Project Purpose and Need The purpose of the project is to provide sufficient safe and convenient docking space for dingies and small boats belonging to the recreational craft that anchor in the anchorage area in Mattituck Creek adjacent to Matt-A-Mar Marina. On any given weekend during the summer boating season, there may be as many as 100 boats utilizing this anchorage area in the only port between Orient and Mt. Sinai. ' s restroomrina Boaters who come ashore to use the marina' s , laundry, garbage disposal, and supply store facilities dock -2- 11 \ 1 ' their dinghies in temporarily vacated berths, along the fuel dock, in the travel-lift slip, or along the wetlands adjacent to the proposed floating dock. This practice leads to conges- tion, conflicts with the marina' s permanent clientele, wetlands i degradation, and limits the length of time boaters from the k anchorage can remain ashore. The proposed floating dock will provide docking space for approximately 40 dinghies, thereby allowing more convenient access to the marina and its facilities, as well as to other upland facilities in the Mattituck areas, such as shopping areas and restaurants. Location and Description of Property The proposed project site is located along the north shore of Peter' s Creek, on the south shoreline of Matt-A-Mar Marina. The marina is bounded on the south by Peter' s Creek, on the west by Mattituck Creek, on the north by Long Creek and the property of Vina and Ano Baker, and on the east by Wickham Ave. On its 8. 75 acres are located an office building and marine l supply store, a restroom,_ shower and laundry building, a snack bar, swimming pool, and two shop and storage buildings. All of the shoreline is bulkheaded, and there is docking space for 90 boats at floating docks and along the bulkhead. Additionally, there is a boat ramp along the northwest bulkhead, and a travel-lift slip along the south bulkhead, immediately west of the western end of the proposed floating dock. -3- i The project site is located along the north shore of I Peter ' s Creek. Although this shoreline is bulkheaded to a point 85 ' west of Wickham Ave. , a vegetated tidal wetland is situated between the bulkhead and the mean low water line of Peter' s Creek. The wetland, which borders the entire creek i shoreline, varies in width from 20' to 40' , and is vegetated with Spartina alterniflora and S. patens. I Design and Layout The proposed project will consist of eighteen 5' wide by 24' long floating wood docks, one 5 ' wide by 30 ' long floating wood dock, one 2 ' wide by 24 ' long floating wood dock, and a 4 ' wide by 35 ' long pile supported catwalk and 3 ' wide by 15 ' long ramp for access. The floating docks will be anchored by piles placed on the seaward side of the floats every 481 . The reader is referred to the plan in Appendix 2 for exact location and construction details of the proposed structures. Construction and Operation Installation of the proposed structures will take place in the spring of 1986. All pilincp will be installed by the jetting method, and the floats and ramp will be removed at the end of each boating season and reinstalled prior to the com- mencement of the following season. Initial installation of the proposed structures is expected to take approximately 4 to 5 days. -4- Since the floating dock is to be used exclusively by small, shallow draft din$i.es on a space available basis, and as permitted by existing and future water depths, dredging of Peter' s Creek will not be required. Approvals Required Town wetlands and Trustee permits are required from the Southold Town Trustees. New York State Department of Environ- mental Conservation Tidal Wetlands (Article 25) and Protection of Waters (Article 15) permits are required, as are a permit t from the U.S. Army Corps of Engineers and a determination by the New York State Department of State Coastal Management Program Office that the project is consistent with the State' s Coastal Management Program. Section 661.5 of the New York State Tidal Wetlands Land 4 Use Regulations categorizes all components of the proposed project as GCn-Generally Compatible Use-Notification Letter r Required. ENVIRONMENTAL SETTING Geology The upland is flat a4d relatively level with elevations ranging from 41 ± to 8 ' ±. The topography is consistent with that of the surrounding area. As indicated on sheet 16 of Soil Survey of Suffolk County, New York (USDA 1975) , the soils on the upland are classified as -5- Fd-Fill Land, Dredged Material and HaA-Haven Loam. Fd type soil is confined to a narrow strip along the shoreline, with the remainder being HaA. ! Fd-Fill Land, Dredged Material is described as follows: Fill land, dredged material (Fd) , is made up of areas that have been filled with material from hydraulic or mechanical dredging operations. These operations are used mainly ,to widen or deepen boat channels in salt water; however, some dredged material has been obtained from new channels cut into tidal marshes. Most of the dredged material is pumped into tidal marshes. Smaller amounts are placed on beaches and dunes and on nearby mineral soils in a few places. The practice generally is to dike an area by using on-site material. The dredgings are then pumped into the diked area and allowed to settle. Excess water drains back into the bay. After the water drains off, heterogeneous deposits of sand, gravel and sea shells remain. Protective dunes have been built with clean sand and gravel dredgings in some places, and in such places a few naturally formed dunes are included in mapping. Fill land, dredged material, is not suited to farming. Areas are satisfactory for building sites where the fill is adequate and if the highly compressible organic layers in the tidal marshes are removed prior to filling. Areas where the fill is placed on marshes containing thick organic layers are likely to be unstable and need on-site investigation before building on them. Droughtiness, low fertility, and high salt content severely limit the establishment of lawns and other landscape plantings. Cesspools do not function properly where the groundwater is at a shallow depth. Capability unit not assigned; woodland suitability group not assigned. Haven loam (HaA) is described as follows: Haven loam, 0 to 2 percent slopes (HaA) has the profile described as representative of the series. It is nearly level and generally is on outwash plains. Some areas of this soil are on moraines and generally are on top of low-lying hills. Some of these areas are slightly undulating. Most areas of this soil are large, but on moraines the areas are smaller and are irregular in shape. -6- Included with this soil in mapping are small areas of Scio soils and some crescent-shaped, gravelly areas. Also included are soils that have a moderately coarse-textured surface layer and a medium-textured subsoil. In many areas of this soil that are mapped in association with Bridgehampton soils, the soil is deeper and siltier than that described as representative of the series. Bridge- hampton soils generally are included in mapping in these areas. Also included, on moraines, are areas of Montauk soils that have a very weak fragipan. Montauk soils formed in loose, sandy till. The hazard of erosion is slight on this Haven soil. Primary management concerns are keeping the soil from crusting after rain, maintaining tilth, and reducing the plowpan. This soil is used extensively for crops, and it is well suited to all crops commonly grown in the county. Potatoes are the main crop, but cauliflower, cabbage, corn, onion, and sod crops are also grown. Because of the nearly level slope and ease of excavation, most areas of this soil in the western part of the county are being used for housing developments and industrial parks. Capability unit I-1; woodland suitability group 301. The Haven Series, of which the Haven loam, described above, is a part, is described as follows: The Haven Series consists of deep, well-drained, medium- textured soils that formed in a loamy or silty mantle over stratified coarse sand and gravel. These soils are present throughout the county, but most areas are on outwash plains between the two terminal moraines. Slopes range from 0 to 12 percent, but they generally are 1 to 6 percent. Native vegetation consists of black oak, white oak, red oak, scrub oaks, and pitch pine. In a representative profile a thin layer of leaf litter and decomposed organic matter is on the surface in wooded areas. Below this is the surface layer of dark grayish- brown loam about 3 ipches thick. In cultivated areas the surface layer is mixed with the material formerly in the upper part of the subsoil, and a plow layer present. The subsoil is dark-brown to strong brown, friable loam to a depth of about 19 inches. The lower part, to a depth of 28 inches, is yellowish-brown, friable gravelly loam. The substratum, to a depth of 55 inches, is yellowish-brown to brownish-yellow loose sand and gravel. -7- The soil at the location of the proposed structure is mostly sand, with some gravel and silt. Silt content increases to the east towards Wickham Ave. and south towards the center of the Creek. The soil is compatible with the proposed project. No extractive mineral resources exist on the site. No unique or unusual geologic features, formations, or landforms exist on the site. Water Resources The site is founded on the south by Peter' s Creek, on the north by Long Creek, both tributaries of Mattituck Creek, and on the west by Mattituck Creek. Peter' s Creek is approximately 500 ' long by 100 ' to 120 ' wide. It is completely bordered by an intertidal and high marsh fringe varying in width from 20 ' to 40 ' or 501 . Water depths vary from less than 1 ' to a little over 3 ' at Mean Low Water, but 1 ' to 3 ' is the general range. Depths decrease towards the head of the creek and near the shore. Mattituck Creek, which is connected to Long Island Sound through Mattituck Inlet, �s tidal throughout its entire 2. 2 mile length. The mean tide range at the head of the creek is about 5. 2 feet, and the spring tide range is about 6. 0 feet. Maintenance of the channel from the inlet to the head of the creek, and the anchorage area adjacent to the Matt-A-Mar -8- Marina to a 7' depth (at MLW) is an authorized U.S. Army Corps of Engineers project. The waters of Mattituck Creek and all of its tributaries are classified by the New York State Department of Environmental Conservation, for purposes of best usage, as SA-Shellfishing for market purposes and any other usage. However, due to existing sanitary conditions, the taking of shellfish from Mattituck Creek and its tributaries is currently prohibited by the New York State Department of Environmental Conservation. Although not determined by specific studies, it is highly probable that the pollution is related to septic system efflu- ents. The waters of Mattituck Creek and its tributaries are used primarily for recreational boating and recreational fishing. Several commercial fishing vessels use the Creek as a home port, and commercial sand and gravel and oil terminal facil- ities, although not used in recent years, are still in place near the inlet. Since the proposed project is to be located in Peter' s Creek, it will have no effect upon groundwater. Terrestrial and Aquatic Ecology The proposed floating docks will be located in wetland classified as coastal shoals, bars, and flats by the New York State Department of Conservation. With the exception of the -9- bottom area that will be taken up by (11) 8 inch diameter piles, no bottom will be lost. Placement of the piles will result in a very short term disturbance of bottom sediments. The land between the proposed floating docks is intertidal marsh and high marsh, vegetated by S. alterniflora and S. patens, respectively. Construction of the open-pile catwalk over the marsh will result in a minor, temporary disturbance which will be restricted to the immediate area of the catwalk. Neither the catwalk nor the ramp will have a long term adverse effect upon the productivity of the marsh. Fauna The animals of the site may include raccoons, opossums, grey squirrels, cotton-tailed rabbits, meadow voles, white footed mice, short-tailed shrews and others. None of these is considered rare or endangered by federal or state agencies. Several species of birds may use the site and surrounding area. These include various gulls, terns, plovers, sandpipers and waterfowl. Reptiles and amphibians on the site are more limited. Garter and hognosed snakes may occur in the uplands along with Fowlers toads and an occa$ional box turtle. The shallow water areas support both fin and shellfish including killifishes, spearing, snappers, flounders, weakfish, white perch, blackfish, bergalls and others. Blue clawed crabs, hard and steamer clams, blue and bank mussels and other -10- . F shellfish occur in these waterways. None of these is rare or endangered. No critically listed habitat nor important-unique ecosystems occur at the project site nor in close proximity to it. Land Use and Zoning The Matt-A-Mar Marina property is zoned "B"-Light Business. All of the surrounding upland is zoned "A"-residential and agriculture. The proposed project is consistent with current zoning and land use. Cultural Resources The surrounding area is lightly developed with single family houses, with much of the shoreline in its natural or relatively undisturbed state. The proposed project will have no adverse effect upon the visual character of the area. No historic or archaeological resources are located on or adjacent to the site. Since the proposed dock will serve small dinghies, usually propelled by oars, it is not anticipated that noise levels will be affected. SIGNIFICANT ENVIRONMENTAL IMPACTS There are no aspects of the environmental - setting described in the previous sections that will be subject to long term or significant adverse affects. ' -11- Temporary disturbance of a small area of the marsh will result from installation of the catwalk, and the bottom will be temporarily disturbed during installation of the floating dock anchor piles. However, water quality will recover to its baseline level within hours of installation, and since the catwalk will be constructed in the spring, the marsh grass growth will not be affected. As the size of boat able to use the dock will be restricted to shallow draft dinghies both by intent of the applicant and by water depths, the potential for user boat-induced pollution is very low. It is likely that the environmental benefits of the proposed project far outweigh the minor and temporary distur- bances that will result. Boaters using the anchorage will have sufficient and convenient access to the marina facilities such as those related to garbage disposal. This will increase the likelihood that they will dispose of refuse in a proper manner, rather than overboard in Long Island Sound or in Mattituck Creek. With the exception of the Marina and the nearby town dock and boat ramp, almost all of the surrounding shoreline is fringed with tidal marsh. , The proposed dock will allow boaters access to the upland without having to transverse these , environmentally sensitive marsh areas. -12- MITIGATION MEASURES TO MINIMIZE ENVIRONMENTAL IMPACT Construction will take place in the spring in order to minimize water quality effects and disturbance to marsh grass. Should any marsh grass be permanently damaged during construction, the affected areas will be transplanted. Floating docks will be removed each fall and reinstalled in the spring in order to minimize ice damage. Floating dock anchor piles will be placed on the outside of the docks in order to maximize their distance from the marsh edge. MARSHES Alternative Design A fixed dock was considered but rejected due to the potential for ice damage and permanent adverse environmental effects. Alternative Size A dock of the proposed size is required to provide docking space for 30 to 40 dinghies at one time. In order to provide equivalent dock space at a shorter dock, boats would have to be moored perpendicular, which would require outer mooring piles. This would result in higher costs and environmental disturbance. -13- 'Alternative Location i The use of any other shoreline location at the marina a would interfere with permanent docking arrangements. No Action If' the proposed docking space is not provided , it is likely that the applicant will have - to severely restrict access to the marina facilities and upland by boaters using the anchorage. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The usage of fossil fuels to power construction equipment and workers vehicles is irreversible, as is the consumption of electrical power by tools. i GROWTH INDUCING ASPECTS The proposed project will have no effect on the population of the area. It is expected that local businesses will benefit during the boating season by the increased access provided to boaters by this project. -14- STUDIES, REPORTS AND LITERATURE USED IN PREPARATION OF DEIS i a ` AUSTIN, G.L: Jr. 1961. Water and Marsh Birds of the World. Golden Press, New York. BURT, William H. et al. A Field Guide to the Mammals, 1964 Houghton Mifflin Company, Boston. MINER,, R. W. 1950. Field Book of Seashore Life. G.P. Putnam' s Sons, New York. MOREL, E. T. 1973. Marine Flora and Fauna of the Northeastern United States. Higher Plants of the Marine Fringe. NOAA Technical Report NMFS CIRC-384. NEW YORK STATE DEPARTMENT , OF ENVIRONMENTAL CONSERVATION. 1977. Tidal Wetlands - Land Use Regulations, Part 661. PETERSON, R. T. et al. 1947. A Field Guide to the Birds. Houghton Mifflin Company, Boston. U.S. DEPARTMENT OF AGRICULTURE. 1972. Soil Survey of Suffolk County. Riverhead. i I' -15- S - 3P- ATTIElllpl!� Nor �,M0"�•I, ��/111 \ \ ov`',\ �`•,�:� �`�:i •r �, \ ij ` :\'� ECJ �9�i • ed - ,FID SuFFOc-C 'Co• XAGS �3- WPqolo 4t1V MAP �3 Scn�E/AI-k /�' R�Vr+P��fR -o ty y y 3S• —�. 1 FLot1T o _ SAX r 2 GRH DE g''DIA pl.Es y6 u o.c. VAR V Pres Is s fbo rro,4 o S- /o X-5EcT. -r"Rv PROP Dock o pose 3X�S RAMP (/Ile CaAI-K ExIsrw& RET 1N/N GJ L ��]j-LV'�c____ __ S. 4_f�r�JF/�r_c��• 5_��.1ens ----- - -^---- A '13 ,9x;ty' r3°+. PRO PoS'sO FLof1Ts �► f O z 0 �sr"i& AR/•1 of mATTITVG/G cRcE,r o rA 4ATur1:mi-L) fuApo SE:CaM/YFRcIAL QOAT Dock j� �� PROPOS&O F"A-r/NG 00CeS t`IOJA�ENT d�rNERS: for MAT-r- A- /"t/9R MARIAM fj• Wti. VA7, s ! i C oh �9RMof MATT/TVcC CQEEk 4t MA-rT/Tu e_ K) SCJ FFOLK CO, N, So,ys�/mac /�•J D $HE ET /of I C. Q, PorISiGLIoryE � �� , D_ N, R EC-vE i i • I AI NEW YORK DISTRICT PROJECT MAPS RIVER AND HARBOR •, 0 0 0 �;[l 0 U. S. ARMY ENGINEER DISTRICT, NEW YORK CORPS OF ENGINEERS NEW YORK, N. Y. 19 PPE'vD/X LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN STATE OF NEW YORK ) that the Town Board of the Town of Southold will hold a public ) SS' hearing at 8:00 P.M., Tuesday, I December 3,1985,at the South- i COUNTY OF SUFFOLK ) old Town: -Hall, Main Road, , Southold, New York, on the Mary K. Degnan Draft Environmental Impact of Greenport, in Statement_submitted by Encon- i said County, being duly sworn,says that he/she is dultants,Inc.,on behalf of Matt- A-Mar Marina, with fespect to Principal Clerk of THE SUFFOLK TIMES,a Weekly their petition for a Wetlands Per- _ mit on certaiA'property located I Newspaper, published at Greenport, in the Town along the north shore of Peter's I} of Southold, County of Suffolk and State of New Creek, a tributary of Mattituck Creek, Mattituck, New York. `I York, and that the Notice of which the annexed is Applicant'desires to install 486 a printed copy, has been regularly published in feet of floating dock,with a 4 foot by 35 foot catwalk and a 3 foot said Newspaper once each week for T by 15 foot access ramp. weeks successively, commencing on the 14 SEQR lead agency is the Southold Town Board.A copy of day of NOV the Draft Environmental Impact j Statement is on file in the Office of the Southold Town Clerk, �lUt Town Hall,Main Road,Southold, ! New York, and is available for inspectioii during regular bu5.•s., PrinCl I Clerk ness hours. =� November 7,1985 JUDITH T.TERRY Sworn to before a his SOUPHOLD TOWN CLERK ) Pvi AGATE 1TN14-5073 —- — day 19v B��Ei.IC,State of New York "0,County No.4748183 e Fr.nr es k;arrh 30, is COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman -- once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks NOTICE OF HEARING NOTICE IS HEREBY,GIV- successively, commencing on the . . . . . . . . . . . . . . . . . . . . EN that the Town Board of the Town of Southold will hold a daK95;= public hearing at.8:00 'P.M., Tuesday,December'3, 1985,atthe Southold Town Hall, Main 1 ✓ Road, Southold,New York, on the Draft Environmental Im- pact Statement submitted ,by Enconsultants, Inc., on behalf of Matt-A-Mar Marina, with respect to their petition fora Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of Wetlands Permit on certain property. located 'along the .�! 19 north shore of Peter's Creek, a ' tributary of Mattituck,Creek, Mattituck,- New!York. Appli- cant desires to install 486 feet J of floating dock, with a 4 foot Gl✓ G 7 � by 35 foot catwalk and a 3 foot " " " " " . . . . . . . . . . . . . . . . . . . . . . by 15 foot access ramp. I Notary Public SEQR lead agency is the BARBARA FORBES Southold Town Board. A copy Notary Public, State of New York of the Draft Environmental 6846 Impact Statement is on file in No. Q Qualified in Suffolk County the `Offiee, of the Southold Commission Expires March 30, 19f6 Town Clerk, Town Hall, Main Road,. Southold, New, York, and is'adailable for inspection during regular business hours. DATEDs-November 7, 1985. 4 4UDITH T.',TERRY SOUTHOLD TOWN CLERK 1T-11/14/85(2) COUNTY OF SUFFOLK ss: STATE OF NEW YORK I— NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Patricia Wood, being duly sworn, says that she is the Date:October 8,1985 Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, APPLICANT: Matt- a'- a public newspaper printed at Southold, in Suffolk County; . Mar Marina,',by 'Richard,J,. ' and that the notice of which the annexed is a printed copy, Cron,,Attorney. " has been published in said Long Island Traveler-Watchman ADDRESS--.'Matt, Ma- rina:Wickham Avenue, Matti- once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks Muck, 'N.Y. •'1952.;Richard J. Cron;-Esq.: Main Road, Cut- successively, commencing on the /7 chogue, N.Y.', 11935: ' PERMIT APPLIED FOR: i Wetlands Permit. day of , . �G/� . . . . . .. 19 . �_ i PROJECT DESCRIPTION: " Applicant proposed to'install 486 ft.`of floating dock, with'a,, • ' E 4'X 35'catwalk and'a 3'X 15' access ramp.; PROJECT LOCATION: Along the north,shore of Pe- { tei•'s,Creek; 'a" tributary of Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of Mattituck -C;ieek, Mattituck, t New'Yoik. , 19 SEQR DETERMINATION: (.; A•draft environmental'•impact, statemerit4 has been prepared ' on this project and is on,file in the Southold Town Clerk's Of-. '-7/ ftce: . . . . . . . . .:SEQR LEAD_AGENCY: Notary Public t Southold Town Board. . '• , AVAILABILITY FOR-PUB- ' BARBARA FORBES LIC COMMENT: The,draft Notary Public, State of New York ti environmental impact' state- No. 4806846 ment.may be reviewed,at-the. Qualified in Suffolk County I address listed below. Com- Commission Expires March 30, 19 �6 merits on=the.project must be submitted to,the Contact.Per= t son.1ndicated below,no later - i than October,31,, 1985. ' "CONTACT PERSON:Judith T.Terry,Town Clerk,Town of 'Southold, ,Town `-Hall, I Main i Road, Southold;' -New York ( ',1`1971. (516) 765-1801. E 1T-10/17/ 85(7) iv..��. f NOTICE OF RECEIPT OF DRAFT ENVIRONMENT IMPACT STATEMENT ! Date: October 8, 1985 i APPLICANT:Matt-a-Mar Marina,by Richard J.Cron, Attorney f STATE OF NEW YORK ) ADDRESS:Matt-a-Mar Marina:Wickham Avenue, ) SS: Mattituck,N.Y. 1 COUNTY OF SUFFOLK ) Richard-J. Cron,Esq.:sq.: Main Road,Cutchogue, N.Y. 11935 Mary K. DEgnan of Greenport, in PERMIT APPLIED FOR: Wet- lands Permit. said County, being duly sworn, says that he/she is PROJECT DESCRIPTION• 86 Principal Clerk of THE SUFFOLK TIMES Weekly Ap- plicant proposes to install 4 486 r a ft.of floating dock,with a 4 ft. Newspaper, published at Greenport, in the Town by 35 ft.catwalk and a 3 ft.by 15 ft. access ramp. of Southold, County of Suffolk and State of New PROJECT LOCATION: Along York, and that the Notice of which the annexed is the north shore of Peter's Creek,, a tributary of Matti- !� a printed copy, has been regularly published in tuck Creek, Mattituck, New said Newspaper once each week for one York. f SEQR DETERMINATION: A weeks successively, commencing on the 17 draft environmental impact day of October 19 85 statement has been prepared on this project and is on file in I i the Southold Town Clerk's Office: SEQR LEAD AGENCY: South- old Town Board. AVAILABILITY FOR PUBLIC �/ (P/4ncipal Cler COMMENT: The draft envir- onmental impact statement / may be reviewed at the ad- Sworn to before me his BUD!IG,:i;R'e of Pletil Yori dress listed below.'Comments on the project must be sub- d of 19 �+'.'Wounh is!� 47+$1133 indicatted to the Contact Person ar,n Expires I.,xdi 30, 19.97 indicated below no later than � October 31, 1985. CONTACT PERSON: Judith T.Terry,Town Clerk Town of Southold,Town Hall Main Road,Southold, New York 11971 i STATE OF NEW YORK: + SS: ie (� COUNTY OF SUFFOLK: I, JUDITH T. TERRY, Town Clerk of the Town of Southold, New ,E - I' York, being duly sworn, says that she is over the age of twenty-one - years; that on the - 8th day of November 1985 , she affixed a i notice of which the annexed printed notice is a true copy, in a proper itand substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice - Notice of Hearing on Draft Environmental Impact Statement submitted by Enconsultants, Inc. , on behalf of Matt-A-Mar Marina. 8:00 P.M , Tuesday, December 3, 1985, Southold Town Hall. Judith T. Terry Southold Town Clerk Sworn to before me this 8thday of November19 85 Nota4 Public LINDA J.COOPER $�ON07Y PUBLIC,S",of Pdavv ®.48225x63,Suffolk County Term Mires March 30, 98 I �i f1 LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing at 8:00 P.M., Tuesday, December 3, 1985, at the Southold Town Hall, Main Road, Southold, New York, on the Draft Environment I Impact Statement submitted by Enconsultants, Inc. , on behalf of Matt-A-Mar Marina, with respect to their petition for a Wetlands Permit on certain property located along the north shore of Peter's Creek, a tributary of Mattituck Creek, Mattituck, New York. Applicant desires, to install 486 feet of floating dock, with a 4 foot by 35 foot catwalk and a 3 foot by 15 foot access ramp. SEQR lead agency is the Southold Town Board. A copy of the Draft Environmental Impact Statement is on file in the Office of the Southold Town Clerk, Town Hall, Main Road, Southold, New York, and is available for inspection during regular business hours. DATED: November 7, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, NOVEMBER 14, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Board of Town Trustees Conservation Advisory Council Town Clerk's Bulletin Board Enconsultants, Inc. , for Matt-A-Mar Marina Matt-A-Mar Marina ti ®Ln Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN'CLERK (516)765-1801 REGISTRAR OF VITAL{STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: October 8, 1985 APPLICANT: Matt-a-Mar Marina, by Richard J. Cron, Attorney ADDRESS: Matt-a-Mar Marina: Wickham Avenue, Mattituck, N.Y. 11952 Richard J. Cron, Esq. : Main Road, Cutchogue, N.Y. 11935 PERMIT APPLIED FOR: Wetlands Permit. PROJECT DESCRIPTION: Applicant proposes to install 486 ft. of floating dock, with a 4 ft. by 35 ft. catwalk and a 3 ft. by 1-5 ft. access ramp. PROJECT LOCATION : Along the north shore of Peter's Creek, a tributary of Mattituck Creek, Mattituck, New York. SEQR DETERMINATION : A draft environmental impact statement has been prepared on this project and is on file in the Southold Town Clerk's Office. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY FOR PUBLIC COMMENT: The draft environmental impact statement may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below no later than October 31, 1985. CONTACT PERSON : Judith T. Terry, Town Clerk Town of Southold, Town Hall Main Road, Southold, New York 11971 (516) 765-1801 PLEASE PUBLISH THE ATTACHED NOTICE ON OCTOBER 17, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Southold Town T rustbes_ Southold Town Building Department Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Charles T., Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Richard J. Cron, Esq. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801__ REGISTRAR OF V1TAI,STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD - NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: October 8, 1985 APPLICANT: Matt-a-Mar Marina, by Richard J. Cron, Attorney ADDRESS: Matt-a-Mar Marina: Wickham Avenue, Mattituck, N.Y. 11952 Richard J. Cron, Esq. : Main Road, Cutchogue, N.Y. '11935 PERMIT APPLIED FOR: Wetlands Permit. PROJECT DESCRIPTION: Applicant proposes to install 486 ft. of floating dock, with a 4 ft. by 35 ft. catwalk and a 3 ft. by 15 ft. access ramp. PROJECT LOCATION : Along the north shore of Peter's Creek, a tributary of Mattituck Creek, Mattituck, New York. SEQR DETERMINATION : A draft environmental impact statement has been prepared on this project and is on file in the Southold Town Clerk's Office. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY FOR PUBLIC COMMENT: The draft environmental impact statement may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below no later than October 31, 1985-. CONTACT PERSON: Judith T. Terry, Town Clerk Town of Southold, Town Hall Main Road, Southold, New, York 11971 (516) 765-1801 J O f PLEASE PUBLISH THE ATTACHED NOTICE ON OCTOBER 17, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD,' NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman_ Town Board Members Southold Town Trustees* Southold Town Building Department Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Charles T., Hamilton, DEC, Stony Brook Commissioner Williams, DEC, _Albany _ Richard J. Cron, Esq. r x - h7e4 c,�FF01� Town Hall, 53095 Main Road ® P.O. Box 728 N Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801_ REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: October 8, 1985 APPLICANT: Matt-a-Mar Marina, by Richard J. Cron, Attorney ADDRESS: Matt-a-Mar Marina: Wickham Avenue, Mattituck, N.Y. 11952 Richard J. Cron, Esq. : Main Road, Cutchogue, N.Y. 11935 PERMIT APPLIED FOR: Wetlands Permit. PROJECT DESCRIPTION: Applicant proposes to install 486 ft. of floating dock, with a 4 ft. by 35 ft. catwalk and a 3 ft. by 15 ft. access ramp. PROJECT LOCATION : Along the north shore of Peter's Creek, a tributary of Mattituck Creek, Mattituck, New York. SEQR DETERMINATION : A draft environmental impact statement_ has been prepared on this project and is on file in the Southold Town Clerk's Office. SEQR LEAD AGENCY: - Southold Town Board. AVAILABILITY FOR PUBLIC COMMENT: The draft environmental impact statement may be reviewed at the address• listed below. Comments on the project must be submitted to the Contact Person indicated below no later than October 31, 1985. CONTACT PERSON : Judith T. Terry, Town Clerk - Town of Southold, Town Hall Main Road, Southold, New York 11971 (516) 765-1801 PLEASE PUBLISH THE ATTACHED NOTICE ON OCTOBER 17, 1985,1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Southold Town Tirustees Southold Town Building Department Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Charles- T.. Hamilton, DEC, Stony Brook Commissioner Williams, -DEC; Albany- Richard J. Cron, Esq. s I� 4 STATE OF NEW YORK: it SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New {� York, being duly sworn, says that she is over the age of twenty-one ears; that on the da of 19 , she affixed a Y 10th Y October 85 notice of which the annexed printed notice is a true copy, in a proper i' and substantial manner, in a most public place in the Town of Southold, i ! Suffolk County, New York, to wit: 4 Town Clerk Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Notice of Receipt of Draft Environmental Impact Statement. Applicant: Matt-a-Mar Marina, by Richard J. Cron, Attorney it I Re: Application for a Wetland Permit to install floating dock, catwalk and access ramp. N f i If Judith T. Terry i Southold Town Clerk If ,i I !! Sworn to before me this i 4i 10th day of October 19 85 � s Notary Public !( ELIZABETH ANN NEVILLE i NOTARY PUBLIC,State of New York { No.52-8125850,Suffolk Cou��tY,. '! Term Expires March 30,19 'I i i Ln J Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE, OF THE TOWN CLERK TOWN OF SOUTHOLD October 10, 1985 Richard F. Cron, Esq. Main Road, P. O. Box 953 Cutchogue, New York 11935 Dear Mr. Cron: 1 am in receipt of the Draft Environmental Impact Statement you filed on behalf of Matt-a-Mar Marina with respect to their Wetland Application No. 193. It will be circulated in accordance with the law. The aforesaid application was denied by resolution of the Southold Town Board on June 19, 1984 (copy enclosed) , which resolution was adopted after the declaration of significance and request for the DEIS. Accordingly, a new Wetland Application must be completed and submitted to me, and a new public hearing held thereafter. I am enclosing the necessary forms to be submitted in quadruplicate, with a $50. 00 filing fee. Whereas the Town Board is still caught up in - -= the SEQR process and are lead agency, the application for the permit lies within their jurisdiction (rather than the Trustees who now have jurisdiction of the Wetland Ordinance.) If I can be of any further assistance please do not hesitate to contact me. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures 10/2/85 Richard J. Cron delivered four(4) Draft Environmental Impact Statements on the wetland application of Matt-A-Marr Marina .Ap.No . 193 on October 2 , 1985. On June 19, 1984 the Southold Town Board declared a significant effect on the environment . Applicant was notified on June 22 , 1984 and requested to--aprepare a DEIS. There has been no further response or submission until today when the DEIS was submitted. I didn't date stamp it because I wasn't sure if there was any time limit during which the DEIS could be submitted, in relation to the Town Board' s resolution on June 19, 1984? I called Bob Tasker, he said not to date stamp it , it will be reviewed at the Town Board on Tuesday (discussed in work session) . Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK ,�; (516)765-1801 REGISTRAR OFVITAL ST n]iSTICS OFFICE OF THE TOWN CLERK — TOWN OF SO,UTHOLD NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: June 19, 1984 Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part, 617 of,Title 6 of the New York State Codes, Rules and Regulations, and, chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby, determine that the action- proposed is 'a Type I action and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION. Application of Matt-,A-Mar Marina for a permit under the provisions of the Wetland Ordinance of the Town of Southold to construct ramp,—walkway, and floating dock at .the west side of Wickham Avenue, on Mattituck Creek, Mattituck, New York. Further information can be obtained by contacting Mrs,. Judith T. Terry, Southold-Town Clerk,-,Southold Town Hall, Main Road, Southold, New York 1.1971. Copies to: Charles Hamiltion, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Southold Town Trustees Southold Town Conservation Advisory Council Matt-A-Mar Marina Town Clerk's Bulletin Board �S F9 ur Town Hall, 53095 Main Road `r P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE Town CLERK (516)765-1801 REGISTRAR OF VITAL STA I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 22, 1984 Matt-A-Mar Marina P. O. Box 1235 Wickham Avenue Mattituck, New York 11952 Gentlemen: Enclosed herewith is a "Notice of Significant Effect on the Environ- ment" in connection with your application to the Southold , Town Board for a permit 'under the provisions of the Wetland Ordinance of the Town of Southold, which determination was the subject of a Town Board resolu- tion on June 19, 1984, copy of which is 'also enclosed. You are hereby requested to prepare a Draft Environmental Impact Statement for submission to me upon completion. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures Fgur� Town Hall 53095 Main Road ni P.O. Box 728 L Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 19, 1984: WHEREAS, Matt-A-Mar Marina heretofore applied to the Southold Town Board, pursuant to Chapter 44 of the Code of the Town of Southold, for permission to construct ramp, walkway, and floating dock on property located off the west side of Wickham Avenue, at Mattituck Creek, Mattituck, New York, NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conserva- tion Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is 'a Type I -action and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. a 3. That the Town Clerk immediately notify the applicant, Matt-A-Pillar Marina of this determination, and further request said applicant to prepare a Draft Environ- mental Impact Statement, all in accordance with said law, rules and code. J21iIle uditk T. Terry �- Southold Town Clerk e" V Our FFFFI"''''����>s�v> ✓�' ' 'C�'c?c"'^h/''G:�}G}i`,s.aS Town Hall, 53095 Main Road P.O. Box 728 � a Southold, New York 11971 w:. JUDITH T TERRY r TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OI'VITAL S I A I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 19, 1984: WHEREAS, Matt-A-Mar Marina applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 22, 1984, and WHEREAS said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 22nd day of May, 1984, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Matt-A-Mar Marina be and hereby is denied, without prejudice to reapply, permission under the provisions of the Wetland Ordinance of the Town of Southold to construct ramp, walkway, and floating dock at property located on the west side of Wickham Avenue, at Mattituck Creek, Mattituck, New York. Judith T. Terry Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY SLS TELEPHONE Town CLERK (516)765-1801 REGISTRAR OF VITAL STA'I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 12, •1984 TO: Southold Town Board RE: Matt-A-Mar Wetland Application 1 spoke to David' DeRidder, DEC, Stony. Brook;, concerning the above referenced application. They cannot find an application for 450 ft. dinghy dock, therefore they !have not declar'ed�Ahemselves lead agency. Advised us to proceed with the SEAR process. �t TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road RECEIVED P.O. Box 728 Southold, New York 11971 mAy 311984 May 31, 1984 Town Clark Southold Honorable Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the discussion that took place at the March 29, 1984 meeting of the Board of Trustees, in regard to the application of Matt-A-Mar Marina. The Resolution begins with, "I would like to make a motion to disapprove the burden of the ethnic, get along with the neighborhood, stay away from the wetlands is on the applicant , not on us;" as stated by Trustee Kujawski. This was seconded by Trustee Cochran and carried. If the Board requests further information, as to the reasons for recommending disapproval, please furnish them with copies of the attached. Very truly yours, Henry P. Smith, President Board of Town Trustees by: Ilene Pfifferling Secretary to Board Attachment C Matt-A-Mar Marina Wetland No. 193 to install a floating dock, ramp and walkway to dock the numerous dinghies and small boats coming from the large boats in the Anchorage thereby, allowing greater utilization of the toilet , shower and garbage facilities at the marina. Trustee Smith asked who would like to take the application. Trustee Kujawski replied: Stated -that this goes back a couple of years. At that time, I believe we had a gentlemans agreement with Matt-A-Mar that once and for all this was it never to be opened again and here you go thats as much as we can go. The area in question, was the very area that we were discussing a couple of years ago. At that time, we were inspecting a retaining wall that was put in, in intertidal area, that was in violation, and a portion of the Wetlands was damaged and had to be restored and rather than issue a violation to Matt-A-Mar and fines, court action and everything else, we accepted the contractors interpertation that he really didn't know that he had to have an application. An agreement was signed then, that I was under the impression meant that no development on the south side, turns out that the actual agreement is no more dredging on the South side. I honestly can not believe that this floating dock is necessary, except to be an eventual extension of the marina. Maybe not immediately, but at some point in the future. I stay in alot of marinas, all the way from Essex Island, Mystic, to Montauk and have never heard of a dinghy being a problem ever. Drag a dinghy around the side of the boat, tie it up in the front , tie it up to the side, any where you want . There is no need for 150 dinghies to be dragged around on the south side of the marina and put on a dinghy dock. There is no water in there. - At low tide there is no water. Trustee Smith: I think what he is saying here, Frank, is to dock the numerous dinghies and small boats coming from the large boats in the Anchorage area. Thereby allowing greater utilization of the toilets, shower and garbage facilities of the marina. I agree that . . . . . . . Trustee Kujawski: You know, and the other thing, you were a part of this board, let me just finish one concept for you then you can go. We agreed- at that time that alot of the problems could have been avoided if the neighborhood was consulted and that before applications came in everyone got together and said Hay. . .We have a problem, what can we work out. At that time it was more money. Remember, we weren' t making ends meet . And the communication with the neighbors were going to improve. I don't think it has been. Trustee Smith: He came to me and asked me, if they made an application, for a dinghy dock, what are our chances of getting approval. I said I can' t give you any. .-.Put the application in B t thats all I can do. Get together with your neighbors and see if you can work out something with them. I think there is a need for a dinghy dock, but not for 450 ft . of dinghy dock. Trustee Kujawski: I 've never heard of a dinghy dock. How can you say there is a need, when there are zillions of transit marinas in this world and no one has a dinghy dock. Trustee Bredemeyer: Areas subject to alot of transit activity such as Block Island may have one. Trustee Smith: Block Island Marina has a dinghy dock, Chatman in Block Island has a dinghy dock, quite a number of marinas have them. I 've seen a 10 x 20 float that had about 50 dinghies on it for people who want to go. . . . I know in Martha' s Vinyard there is one there. . .people moore out, and go to movies, go shopping things like that. But there is a different situation there, there is town moorings in the harbor, and a harbor master who goes around every night and collects fees from everyone, Trustee Cochran: I don't know, I wasn't serving on the Board, several years ago when this gentlemans agreement was made. He did come to our last meeting and he was, at that point told to submit your application, but let us know the feeling of your neighbors. Now he is not here tonight, to let us know the feeling of his neighbors. I mean. . . . . . Mrs. Delahanty: I 'm here to let you know the feeling of the neighbors. Trustee Cochran: Has he approached you in any manner. I mean has he talked to any of the neighbors? No I mean. . . . . Mrs. Delahanty: Oh no. He knows better. . . . . Trustee Cochran: Now thats no attitude to take. Mrs. Delahanty: , He wouldn' t approach the neighbors, because he knows that they are all against it . Trustee Smith: Well don' t say they are all against it . Trustee Kujawski: I am. Trustee Smith: Well I 'm saying, maybe you are but don' t say they are all against it. Mrs. Delahanty: How about 75 families? Trustee Smith: Well. . . . . Mrs. Delahanty: That pretty much covers the neighborhood, Sir. Trustee Cochran: Can I- make a motion that we table this until the next meeting. Mrs. Delahanty: No.No. I have waited all night, all night dear. . . . . . Your not going to table this. Trustee Cochran: , Let the 75 neighbors come in! Mrs. Delahanty: I am representing them. I 'm the president of this organization. You really wanted 75 people to stay ,here until this hour of the night . Trustee Cochran: We could have moved it up. Mrs. Delahanty: They put it on the agenda last . That was no accident. . . . . Trustee Cochran: That is not fair. . . . . . Mrs. Delahanty: In any case I have something to say. Trustee Cochran: That is not a fair acquazation Mam. I believe these are numbered as they come in. Mrs. Delahanty: Yes. . but tableing it. is not fair. Trustee Cochran: I felt perhaps it would give you the opportunity and your neighbors the opportunity to express your selves. Mrs. Delahanty: I 'm going to do that . I 'm here to do just that. . . . Trustee Cochran: Lets hear it . . . Mrs. Delahanty: I 'm the president of the Mattituck Creek Watch dogs. I represent 75 families. Trustee Cochran: Do you have a list of these families? I ' d be interested in knowing who they are. Mrs. Delahanty: I dont have it with me. ' But I do have it . Trustee Cochran: Will you send it to me, please. Mrs. Delahanty: Certainally. . . I don't see why you would doubt me? Trustee Cochran: I would like to see the names of the neighbors in the area. Mrs. Delahanty: I don' t think it ' s necessary, but I do have it . I have everything. . . . If you have the time, this is like Gone with the Wind. . . . . Trustee Cochran: We have the time. Mrs. Delahanty: All these things here (presents a portfolio of maps, sketched etc. ) I 'm not here to argue with you mam. ro Trustee Cochran: I 'm not here to argue either, with you madam. Mrs. Delahanty: I 'm going to start with the fact that the only thing, after much bitter fight, by the way this has been a controversial subject since this organization started from the word go, since it was illegially re-zoned in 1965. It was spot zoned from A-residential to B-2. I have all of the numbers and all you want to know. When the attorney went down to check the zoning map, it had disappeared from the town records. Emagine it was not to be found. In any case the only thing we accomplished after spending thousands of dollars, many meeting, people coming in droves, as this madam suggests, all we accomplished was to save this misrable little bit of wetlands. At the time he was stopped by the town fathers. he was all set to dredge this but I called them up and told them to come down and inspect this, he was dregging and filling in the wetlands. They indeed did stop him. This was after he put in an illegial retaining wall. For hundreds of feet, without a permit . It says in here, I have right in the newspaper, the town board said he did not need a permit. He put in pilings which he had no permit . I have letters here from the Board of Town Trustees, recommending that no further expansion of this marina proceed. I think that is what Frank means. Here is another one. Outer pilings, no permit. This man does things then asks for a permit . I dont have to prove anything. Here, this is how Matt-A-Mar Marina looked. I want you to look at these, here we have a perfect example of an erosion problem. Look at that beach, perfectally flat. Yes this man dredged thousands of cubic fill, got it free from the creek, piled it up on the bank, then put the retaining wall. In the mean time, here is a very good picture to show you how many thousands of cubic feet he acquired for nothing. This is the way the creek looks at low tide. He never rested, he just bided his time, because I withdrew from this for a couple of years. Just bided his time. He figured I have Delahanty and the Mattituck Creek Watch Dogs all discusted now is time to start working on getting what I wanted in the first place. He now proposes to put this great big long thing in. here. Which, Frank will agree, if you look at this mud pack here, this will fill in in a couple of years. then he will have to have dredged out to carry on his business. He took the entire ' beach out around the pirimiter. Which he can't do in the first place, it .all muck. Here is a map I made to show you what a terrible thing this man has done. It will have a terrible effect on the wetlands, with all this traffic coming in and out . Then we have the noise. The people are complaining about this. Then we have the dirt . , from this establishment . Another gentlemens agreement . I called and they said I have nothing in writing. He agreed to leavw a 100 ft . buffer zone between Wickham Avenue and the establishment to screen out the eyesore of his business and to act as a noise barrier. Now if anyone has gone by there there was a bulldozer pushing down an awfull lot of trees. I doubt if there is 30 ft . left. He gave us his word he would not do that . I feel very offended that you doubt my word. Trustee Cochran: I thoutht that perhaps, by tabling it , it would be to your advantage. Mrs. Delahanty: No. It is not to our advantage. Trustee Cochran: When you say it is not , then I ,certainally would not -make that motion. You jumped all over me first. I apologize. I realize your anger, I can appreciate that . I think we are here to discuss it. I had not served on the Board two .years ago. Mrs. Delahanty: You have to forgive me, I got out of the bed with the flue and I knew that the dam man was going to get his way again. I think you would find my scrap book very interesting. I have tons of stuff. I have the 1965 minutes of- the Southold Town meeting, where this started work for word, don-'.t bother to_ ask where I got it but I did. You would find it very interesting. Trustee Kujawski: I don' t think this board is going to approve this application as is. Mrs. Delahanty: What do you mean as is.He is always doing something another thing, ten boats he got permission store, mind you ten boats, do you know how many boats he has there. ' 'If he doesn't have sixty I ' ll eat it. And he is going to have more. Mr. Delahanty: He was suppose to be limited to the number of boats he has. He has far exceeded that . Now that has an impact that is within your jurisdiction. Mrs. Delahanty: Now he wants to put in these dinghies, and run up and down the wetlands. Trustee Smith: I agree, and I don' t agree with this magnitude of this float as proposed. Mrs. Delahanty: Does he have a right to take over the entire arm of the creek sir? Trustee Smith: No. Mrs. Delahanty: The man across the creek has the right to put up a dock. Everyone has the right- to go in and out of that peter-1_9-1= arm. Trustee Smith: I 'm not saying that I approve it . Let ' s understand that . What I 'm saying is that when people come in to an anchorage area, such as that, I think it would 'be in the best interest of everyone if- they had a place to come off of those boats to take their garbage, to go to the bathroom, whether it be here or someplace, I do boating myself, and that is one concern. Mr. Delahanty: Maybe we can provide launch service out there any yaught club has this. Trustee Kujawski: I would like to make a motion to disapprove the burden of the ethnic, get along with the neighborhood, stay away from the wetlands is on the applicant, not on us. Trustee Cochran: I ' ll second. Trustee Kujawski: This board is concerned with the wetlands. We all have these feelings. Something else is going on that has changed the situation. The presure now is having enough facilities for these boats. Marinias that •krept into A-1 Residential areas and then zoned B-2 and became commercial marinias, and it ' s happened on the way to Nassau Point , in a wrong place, Mattituck Inlet Marina, the ones we have we haye we would like to think fit the best utilization of as possible. That is just going to help the creek out —Without any new marinas creeping up, and without as in this case any expansion. Matt-A Mar has gone as far as it can go. There is no more room for development of this area. This area has been developed to the maximum. Mrs. Delahanty: Sir what is your name? Trustee Smtth: Henry Smith Mrs. Delahanty: I 'm getting old, I 'm very tired. I 've been very sick. Everyone relies on me. I ' ll come here, I ' ll say exactally what I think and I 'm not afraid of anyone. I dont know anybody, and I 'm smart, no one pulls any tricks on me. for example when Samuels said that the ,dredging material from the creek was worthless, it was worth thousands of dollars, and the town gave it to hire for nothing. Trustee Smith: You give me the impression I would like to have you on my side. Mrs. Delahanty: I 'm glad you. . . Trustee Cochran: Thats out of order. . . . . . Yes it is. I call for a vote. There is a motion of the floor, I seconded Secretary called for vote of board: Smith, -Bednoski, Bredemeyer, Kujawski, Cochran: All Ayes Mr. Delahanty: Gentlemen I would like to thank you for you indulgance. Good Night. �sf�.e':;I✓5} iii �*."�9� Town Hall, 53095 Main Road ;may P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 24, 1984 Honorable Henry P. Smith, President Board of Southold Town Trustees Southold, New York 1.1971 Dear Henry: By letter of March 30, 1984 the Board of Town Trustees recommended to the Southold Town Board that they disapprove the Wetland Application of Matt-A-Mar Marina (No. 193) . Please advise me of the reason for this recommended dis- approval. Very truly yours, Judith T. Terry Southold Town Clerk PUBLIC HEARING SOUTHOLD TOWN BOARD MAY 22, •1984• 3: 30 P.M. IN, THE MATTER OF WETLAND APPLICATION NO. 193 BY MATT-A-MAR MARINA Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stbutenburgh Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent: Councilman James A.' Schondebare SUPERVISOR MURPHY: This is 'a hearing on the wetland applicatibri`. of Matt-A- Mar :Marina:: a It 'will' be read by Councilman Townsend. COUNCILMAN TOWNSEND: "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 Tuesday, May 22, 1984, on the following applications for Permits under the provisions of the Wetland Ordinance of the Town of Southold:` 3:30 P.M. - In the matter of the application of Matt-A-Mar Marina for permission to construct ramp, walkway, and floating dock on property located on Mattituck Creek, off west side Wickham Avenue, Mattituck, New York. All persons interested in' said'matters shall-cappear at the time and place above specifed and will be given an opportunity to'-be heard. Dated: ' May 8, ,1984. Judith.T. Terry, Southold Town Clerk. " We have proof of publication from The Suffolk Times and The Long Island Traveler-Watchman. We have notice from the Town Clerk that it 'was posted on the Town Clerk's Bulletin' Board. We have a letter from the Board of Town Trustees: "Resolved to: recommend to the Southold Town Board to disapprove the Wetland Application #193 submitted by Matt=A,Mar Marina to construct a floating dock in Mattituck Creek." And a letter from the- Southold Town Conservation Advisory Council:" Resolved to recommend to the Southold Town Board approval of the wetland application #193 submitted by Matt-A-Mar Marina to install a floating dock, ramp and walkway. Mattituck." We don't have a reason for disappoval from the Town Trustees. There is no reason given. TOWN CLERK TERRY: 1 will ask for an explanation. Page 2 - Wetland Application - Matt-A-Mar Marina SUPERVISOR MURPHY: You've heard the official' reading. Is there anyone here would like to speak in' favor of the application of Matt-A-Mar'Marina? (No response.) Anyone like to speak in'opposition of Matt-A-Mar? Mrs. Ruth Oliva. RUTH OLIVA, President, North Fork Environmental Council: We opposed the expansion that was granted about a year and a half ago and I believe there was great opposition to another proposal that was approved a few years before that and we just feel that enough is 'enough. That in the end they're going to be reaching across the creek to the other side. That inlet is 'so crowded with boats,-even Uoday I, counted with someone that lives on the inlet and in the summer- time there's at least 700 boats in'that inlet now, and we just do not feel that it 'is advantageous for the quality of water inAhe inlet, or what have you, to let any further expansion be held. And I believe I have the Trustees minutes, and in the .T.rusteesr.minutes, I believe, they just denied it 'because they hoped that Matt-A-Mar and the neighbors who were at the Trustees meeting, would get together and solve their 'differences. So far as I know the Trustees haven't heard anything else from them. SUPERVISOR MURPHY: Thank you. Is there anyone else would like..to speak in'opposition to this application? MR. PHIL BARTH, Southold: I don't want to speak in'favor or against, but I would like to know whether anyone on the Board has any idea, why the Trustees disapproved the application? It seems to me that this 'happens all the time. You know, just saying disapproved doesn't make any sense. Don't they ever give reasons? COUNCILMAN STOUTENBURGH: Should be. SUPERVISOR MURPHY: I'm sure there is 'part of the record. TOWN CLERK TERRY: There usually is a reason given. MR. BARTH: Well, since I've been here they usually say they disapprove. COUNCILMAN TOWNSEND: No, they usually say why. TOWN CLERK TERRY: I will ' find out the reason for disapproval. SUPERVISOR MURPHY: Is there anyone else would like to speak concerning the application? (No response.) COUNCILMAN STOUTENBURGH: The reason is 'that's an entire wetland area all..alon§Jn"front of the bulkhead. MR. BARTH:, Well they should say so we,-would ,,know. SUPERVISOR MURPHY: If there is 'nothing further we'll, close this hearing. J �th . Terry Southold Town Clerk J COUNTY OF SUFFOLK ss: STATE OF NEW YORK y LEGAL NOTICE_ NOTICE OF HEARINGS NOTICE IS HEREBY GIV- Patricia Wood, being duly sworn, says that she is the EN that public hearings will be Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, held by the Town-Board of the I Town of Southold, at the I o public newspaper printed at Southold, in,Suffolk County; Southold Town Hall, Main , and that the notice of which the annexed is a printed-copy, ! Road, Southold,New York, on Tuesday,May 22, 1984,-ori the has been published in said Long Island Traveler following applications for Per- man once each week for ...........weeks mits undet the provisions of J_1t the Wetland Ordinance'of the / Isuccessively, commencing on the .................................... Town of Southold: 3:30 P.M.- In the matter of day of .. �``j. 19 8Y the application of Matt-A-Mar ...... •••• Marina for permission to-con- _ , struct ramp, walkway, and .. ............... ................... floating dock on property located on Mattftuck Creek,off west•side-Wickham Avenue, I Mattituck, New York. 3:32 P.M.- In the matter of d the application of Costello I Sworn to before me this ................ day of Marine Contracting Corp., on behalf of Alvah, Jr., Bruce, and Allen Goldsmith, for.pe;- I �'1 �y .......................A'. .................... 19........ smission;torconstructt,bulkhead' ;6n=pr60ertS3&ited atfA eWest. J).idv,of Hobart'Ro'ad;•on Town II 1 Creek, Southold, New York. 3:35 P.M.- In the matter of I 14 -................ the application of Edward I NotaryvPublic Quintieri and Richard Pulcini for permission to construct CLEMEir.I,TH®MPSON bulkhead at property located NOTARY PUBLIC,State of New Vorh i at the northeasterly end of 00.52-9321725 North venue,on James Residing in Suffolk Cou�jiy �/ RileyY Commission Expires March 30,1 CJIo Creek, Mattituck, New York. 3:37 P.M.- In the,matter of the application .of John P. Kowalski for permission to construct catwalk on property• located at 930 Ole Jule Lane, on tributary -of James Creek, Mattituck, New York. 3:40 P.M.- In the matter of the application of Chester Dickerson for permission to repair and backfill existing ; bulkhead,damaged by storm, P on property located at the west , side of Watersedge Way, on Pgconic Bay, Southold, New. York. ' { ' All persons ,interested in I matters shall appear at the time and place above I specified and will'be given an opportunity to be heard. DATED: May 8, 1984. JUDITH T.TERRY SOUTHOLD TOWN CLERK 1T-5/10/84(8) i A, STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the . 9th day of May 1984 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit : - Town Clerk Bulletin Board, Town Clerk Office, Main Road, i Southold, New York 11971 Legal Notice - Notice, of Hearings - Wetland Applications Tuesday, May •22, 1984, Southold Town Hall 3:30 P.M. - Matt-A-Mar Marina 3: 32 P.M. - Costello Marine Contracting Corp. , on behalf of Alvah, Jr. , Bruce, and Allen Goldsmith 3:35 P.M. - Edward Quintieri and Richard, Pulcini 3:37 P.M. - John P. Kowalski 3:40. P.M. - Chester Dickerson �c Judith T. Terry Southold Town Clerk ii Sworn to be before me this 9th day of Mav 1984—• Notary Public E17tABEfN ANN NEVW Nf1Tl6RY PIMM S1ete d New York ; No.52-8125854 Suffolk 00 Term Expires March 30,19 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 Tuesday, May 22, 1984, on the following applications for Permits under the provisions of the Wetland Ordinance of the Town of Southold: 3: 30 P.M. - In the matter of the application of Matt-A-Mar Marina for permission to construct ramp, walkway, and floating dock on property located on Mattituck Creek, off west side Wickham Avenue, Mattituck, New York. 3: 32 P.M. - In the matter of the application of Costello Marine Contract- ing Corp. , on behalf of Alvah, Jr. , Bruce, and Allen Goldsmith, for permission to construct bulkhead on property located at the west side of Hobart Road, on Town Creek, Southold, New York. 3: 35 P.M. - In the matter of the application of Edward Quintieri and Richard Pulcini for permission to construct bulkhead at property located at the northeasterly end of North Riley Avenue, on James Creek, Mattituck, New York. 3: 37 P.M. - In the matter of the application of John 1'. Kowalski for permission to construct catwalk on property located at 930 Ole Jule Lane, on tributary of James Creek, Mattituck, New York. 3: 40 P.M. - In the matter .of the application of Chester Dickerson for permission to repair 'and backfill existing bulkhead damaged by storm, on property located at the west side of Watersedge Way, on Peconic 'Bay, Southold, 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 : May 8, 1984. JUDITH T. TERRY SOUTHOLD TOWN CLERK " Page 2 - Pu-...: Hearings - Wetland Applicatic..- PLEASE PUBLISH ONCE, MAY 10, •1984•, AND FORWARD FIVE (5) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: Matt-A-Mar Marina Costello Marine Contracting Corp. , a/c Goldsmith Edward Quintieri 8 Richard Pulcini John P. Kowalski Daniel• Smith, a/c Chester Dickerson The Long Island Traveler-Watchman The Suffolk Times Town Clerk's Bulletin Board Town Board Members l l ii E 1 t i3 ) i LEGAL NOTICE ii NOTICE OF HEARINGS t NOTICE IS HEREBY GIVEN that public hearings will be held by the i Town Board of the Town of Southold, at the Southold Town Hall, Main Road, E� Southold, New York, on Tuesday, May 22, 1984, on the following applications for Permits, under the provisions of the Wetland Ordinance of the Town of Southold II s 3: 30 P.M. - In the matter of the application of Matt-A-Mar Marina for permission to construct ramp, walkway, and d floating dock on property locatedl! on Mattituck Creek, off west side Wickham Avenue, Mattituck, New York. j� 3: 32 P.M. - In the matter of the application of Costello Marine Contract- i 1 �4 ing Corp. , on behalf of Alvah, Jr. , Bruce, ' and Allen Goldsmith, for permission to construct bulkhead on property :located at the west side of j Hobart Road, on Town Creek, Southold, New York. s� 3: 35 P.M. - In the matter of the application of Edward Quintieri and j Richard Pulcini for permission to construct bulkhead at property located at h the northeasterly end of North Riley Avenue, on James Creek, Mattituck, New York. 1� 3: 37 P.M. - In the matter of the application of John P. Kowalski for 6 permission to construct catwalk on property located at 930 Ole Jule Lane, on tributary of James Creek, Mattituck, New York. 3: 40 P.M. - In the matter of the application of Chester Dickerson for I� permission to repair and backfill existing bulkhead damaged by storm, on property located at the west side of Watersedge Way, on Peconic Bay, I, Southold, 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. I i; DATED: May 8, 9 1 84. 1 11 JUDITH T. TERRY t� SOUTHOLD TOWN CLERK � . E i ii .t 1 Page 2 - Public Hearings - Wetland Applications f; { f! j p, PLEASE PUBLISH ONCE, MAY 10, 1984, AND FORWARD FIVE (5) AFFIDAVITS �i OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ; i; ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: '•• Matt-A-Mar Marina j ±; Costello Marine Contracting Corp. , a/c Goldsmith I Edward Quintieri & Richard Pulcini John P. Kowalski I Daniel Smith, a/c Chester Dickerson ±! The Long Island Traveler-Watchman t The Suffolk Times i9 Town Clerk's Bulletin Board 8 Town Board Members a� I. � 1� s� 1 e� jl 1 iJ iI fff �f 1 �1 II �t is i� ,i f f� I ! I !I ! 1 LEGAL NOTICE f s 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 Tuesday, May 22, 1984, on the following applications 1 for Permits under the provisions of the Wetland Ordinance of the Town of Southold: ! }� 3: 30 P.M. - In the matter of the application of Matt-A-Mar Marina for !R permission to construct ramp, walkway, and floating dock on property located, I on Mattituck Creek, off west side Wickham Avenue, Mattituck, New York. !� 3:32 P.M. - In the matter of the application of Costello Marine Contract- f ing Corp. , on behalf of Alvah, Jr., Bruce, and Allen Goldsmith, for j permission to construct bulkhead on property located at the west side of Hobart Road, on Town Creek, Southold, New York. I, 3:35 P.M. - In the matter of the application of Edward Quintieri and it Richard Pulcini for permission to construct bulkhead at property located at !� I !! the northeasterly end of North Riley Avenue, on James Creek, Mattituck, j i i! New York. i 1 3: 37 P.M. - In the matter of the application of John P. Kowalski for p permission to construct catwalk on property located at 930 Ole Jule Lane, on tributary of James Creek, Mattituck, New York. 3: 40 P.M. - In the matter of the application of Chester Dickerson for �? permission to repair and backfill existing bulkhead damaged by storm, on �l #' property located at the west side of Watersedge Way, on Peconic Bay, Southold, New York. �i I All persons interested in said matters shall appear at the time and place above specified an_d will be given an opportunity to be heard. S DATED: May 8, 1984. i� I JUDITH T. TERRY SOUTHOLD TOWN CLERK I; �J I Page 2 - Publ.,. Bearings - Wetland Applications i I 1 PLEASE PUBLISH ONCE, MAY 10, 1984, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. i! Copies to the following: f 1 Matt-A-Mar Marina Costello Marine Contracting Corp. , a/c Goldsmith Edward Quintieri 8 Richard Pulcini �i John P. Kowalski Daniel Smith, a/c Chester Dickerson The Long Island Traveler-Watchman The Suffolk Times !i Town Clerk's Bulletin Board Town Board Members i� i I i 1� li i!I �1 II I I, i I I; f{: II fI' 1} I+ II f I II II I i ;I 1 1 �I I� I, ;i I. I SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. 2 May 1984 R FVED Mrs. Judith Terry � '_ "034 Town Clerk Main Road Southold, NY 11971 Dear Mrs. Terry: The following action was taken by the Conservation Advisory Council at a regular meeting held Tuesday, May 1, 1984. A The Conservation Advisory Council has tabled application #192 submitted by Stanley R. Gould on behalf of Francis S. Perrone to construct a catwalk, ramp and floating dock until more information is available. At this time, there is no access to the property and the Council feels that in order to have access, wetlands will have to be destroyed. RESOLVED to recommend to the Southold Town Board approval of- the wetland application #193 submitted by Matt-A-Mar Marina to install a floating dock, ramp and walkway. Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland"application #194 submitted by Costello Marine Contracting Corporation on behalf of Alvah, Jr. , Bruce, and Allen Goldsmith to construct bulkhead. Southold. RESOLVED to recommend to the Southold Town Board approval of the v wetland application #195 submitted by the Land Use Companv on behalf of Edward Quintieri & Richard Pulcini to instlall bulkhead. Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland application #196 submitted by John P. Kowalski to construct - catwalk, provided the catwalk is at least 2 ' above the spartina grass. Mattituck. RESOLVED to recommend to the Southold Town Bjoard approval of the wetland application #197- submitted by Chester Dickerson to repair and backfill existing bulkhead. Southold. RESOLVED to recommend to the Southold Town Board approval of the wetland application #198 submitted by Enconsultants, Inc. on behalf of Walter Trappe to construct a timber dock, fixed catwalk. Corey::- Creek, Southold. RESOLVED to recommend to the Southold Town Board approval of the wetland application #199 submitted by Garrett A. Strang on behalf of Michael DiCarlo to construct a retaining wall. Southold. RESOLVED to recommend to the Southold Town Board approval of the wetland application #200 submitted by George Sweeny to maintenance dredge and install bulkhead. Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #201 submitted by Costello_Marine. Contracting Corporation on behalf of James B. Ford to construct bulkhead in front of existing bulkhead. Southold. Respectfully submitted, FRANK CICHANOWICZ, CHAIRMAN By Jane Moffatt, Secretary O ® � Ln TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 RECEIVED Southold, New York 11971 MAR 3 01984 March 30 , 1984 Tow-ri Clerk Scuffs-old Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on March 29, 1984 : RESOLVED to recommend to the Southold Town Board to Disapprove the Wetland Application #193 submitted by the Matt-A-Mar Marina to construct a floating dock in Mattituck Creek. Very truly yours, Board of Town Trustees Henry P. Smith President HPS:ip Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY __` °' r�;;` TELEPHONE TOWN CLERK ~�, - '�+ (516)765-1801 REGISTRAR OI'VITAL S'I Al ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 1984 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 Matt-A-Mar Marina for 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 April 16, 1984 We shall interpret your lack of response to mean there ' is no objection by your agency. Very truly yours, Judith T. Terry Town Clerk Enclosures cc: Commissioner Williams Southold Town Building Department 1 ' fel "!'� : `Y `.N•Q}_ r '- Town Hall, 53095 Main Road P.O. Box 728 ;& k Southold, New York 11971 JUDITH T TERRYTELEPHONE TOWN CLERK "'''r (516)765-1801' REGISTRAR 01•VITAL S1 AI ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 22, 1984 Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted r)erewith is application no. 193 for a wetland permit submitted by Matt-A-Mar Marina. Copies of this application have been forwarded to the Board of Southold Town Trustees and Southold Town Conservation Advisory Council on this date for their report of findings and recommendations. Very truly yours, Judith T. Terry Southold Town Clerk Attachment # Town Hall, 53095 Main Road P.O. Box 728 c Southold New York 11971 JUDITH T.TERRY `�' ' TELEPHONE TOWN CLERK ~ "�1 (516)765-1801 REGISTRAR OP VITAL STA 1 IS-PICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 22, 1984 Mr. Henry P. Smith, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Smith: Transmitted herewith is application no. 193 for a Wetland Permit submitted by Matt-A-Mar Marina. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry = Southold Town Clerk Attachment Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE T01vN CLrRK (516)765-1801 REGISTRAR 01'VITAL S 1 Al ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 22, 1984 Mr . Frank Cichanowicz, III , Chairman Southold Town Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr . Cichanowicz: Transmitted herewith is application no-193 for a wetland permit submitted by Matt-A-Mar Marina. Please prepare a written report of findings and recommendations with respect to this application . Very truly yours, Judith T. Terry - Southold Town Clerk Attachment TOWN OF SOUTHOLD SHORT ElIVIROHMENT.".1 ASSESSMENT F0,';!.{ It:S T RtiOT 10 1S to ) In order to answer the quer tions in - thi r. short EA(= it is a;sur ` that the preparer will use- currently availoblg: information project and the likely impacts of- ti-le action . It is not C,cor-ted tha ti additional studies, research or other investigations wi11 betun e that (b) If any question has been onswerc d Yes the pro;c•ct trey be significant and a completed Environnental Assessment Fo" is access (c)- If all questions have been answered No it is likely that this - Project is not significant . (d) Environmental Assessment T. Wi 1 project resulL in a large physical change to the project site or physically alter more than 10 acres or land? . . . . . . . . . . . • Yes kNo 2. Will there be a major change to any unique or •�- unusual land form found on t{le site? . . • . . . Yc.s—�jlo 3 . Will project alter or {cave a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . YcsNo 4 . Will project have a pot::ntiallylargeimpact on groundwater quality? . . . . . . . . Yes No 5 . Will project significantly offect •draina,e A— flow on adjacent sites? YesNo 6 . Will project affect any • threatened •or endcngered plant or animal spec; es? : . . . . . . . . . Ye.-;,__k No 7. Will project result in a major .odverse effect . on air quality? • • . • . s Ye �No 8 . Will project have amajort effecon visuol . . . character of the cor:^uni Ly or sc'.:nic viers or vistas known to be important to the cGmmunity? Yes -V- -2 .2 . Will project adversely impact any simc or structure of historic, prehLstoric or paleontological importance or any site designated as a critical environm(.nLul urea by a local agency? . . . . . . . . . . . . . .. Yes�No 10 . Will- project have a major effect • • onexisting � •`^ or future recreational opportunities? . . . . . . . . . Yes N0 11 . Will project result in mujor traffic problems or cause a major effect to existing transportation system;? ' 12 . Will project regularly cause •objectionoble .`Y�-'- -r!° odo-rs, noise, glare, vibration, or electrical di--turbance as a result of the project ' s opera tion? . . Y''s -No 13 . Will project haveany impact on publiz heal +h or safety? . . . . . . . . . . . . . . . . . . . . v es 1 project ofFect the existing cor.munity f.)y directly causing a growth in permanent Population of more titan 5 pUrcent over a one _ Year period or fiat/ a major negative effect on the choractcr of tint* eoul;:1unity or neiri11bori1ooJ? . . . . . . . . . . . . . . YusAr-No l� Is th-,r: public cantrcversy . eoncerning < the C, e • < ur � ct? . �. . . . . . . . . . . . . . . . . . . . J Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY "=` ' - i' TELEPHONE TOWN CLERK: ,< (516)765-1801 REGISTRAR 01 VITAL SIA I KSTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 22, 1984 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by - Matt-A-Mar Marina in connection with their wetland application no. 193 for a wetland permit. Permission is requested to construct walkway, ramp, and floating dock on Mattituck Creek off west side of Wickham Avenue, Mattituck, New York. ! Judith T. Terry Southold Town Clerk Posted on Town Clerk' s Bulletin Board on 3/22/84 A ` 'ti pro t - -Town Of Southold Town Clerk's Office Southold, iN. Y. ,MAR,2121984. RECEIVED APPLICATION FOR WETL,0DS PERMIT LIAR 2 21°$4 Town Clerk Southold Applic., cn No. ...... I... ............ Date of Application ... Ma r ch...2.Q $Ly.......... Identity of Applicant .............YAT.T,-A-KAR...MR.�N A...................................................................... Address of Applicant ..............P'0._, Box 1235_Wickham. Avenue , Nattituck NY 11952 INST'UC T IONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quedruolicate, accompanied by writter permission from the owner of the property if -pct— the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this epplicction showing the lccaticn of property, the names and locations of owners of adjoining prooerties, 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 applicont until all permits that are required are issued. D. A detailed statement of the rehabilitation and prc,posed 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 topoarephical 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 $50,00sholl accompany the application. This filing fee includes one inspection. there is a $5.00 fee for each additional inspection. t. H. The Town Board upon requestq- � applicant for a permit, may waive in whole or in part, the provisions of Article II, Section -Z3, subdivisions (b and ;0r 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 coprovol of this application the Town Clerk ,yill issue a permit to the applicant. Such ermir shall be avcilcble for inspection at any time, upon request. Examined ................................................... 19....... Appro,,ed ................................................................ Disaoproved ........................................................... Cn1.�itla^.e .f anti .......................,....... ...... .... . ........ ._.. ............... ..... .. ................. ........... . .................................................................................................................................................................. ................................................................................................................................................................. ExaminingBcdy .....................................................................................:............................................... Signatureof Choirmcn .._...................................................................................................................... APPLICA i iON IS HEREBY MADE to the Town Board of the Town of Southold, Surfo!k County, New Yor:c, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations ccvem- ing the Ccastcl and Interior Wetlands, Flood Plains and Dre,ncce Areas of the Town of Southold: Permit requested to install. a..floating..dock,,......raMpa 43,..y,T ], ,way,,, t,o„�],q�]� •.. the numerous dinghies, and small.,k�.Rat. ...cQm�.x1g.. xQm..J. rge..b.Qats...i.U..the ..... ..... . anchorage thereby allowing greater utilization of the toilet ,. shewer Land. prbpage.�agilwt.i Feamittwhanremdarina�. Wickham Avenue Mattituck ..............T....................................I..................... .................................................................................................................................................................. Home ad-ress of permit c:::)Iic=nt if different from aforesaid Iccct?en ....N/A ................................................................................................................................................................. Creel, Bc, or Hcrbor fronting prcaerty ........................................................ .................................................................................................................................................................. Size of proposed work: Length ...Fl ........4.5.Q.'.;. ...Catwalk...:..3. .'. .;...Haap...-...15.'............................... Width ...Floating..Dock...-...5.. .;...CAtwal -k..-..6.'.;....RaMP...-..4..'........................................... Height Above High Water Catwalk — 3 ' ; Floating Dock and Ramp — N/A Depth Below Low Water .... ........................... ............................................................................... Yardsto be Excavated ...... .............................................................................................................. N/A Yardsto be Filled .................................................................................................................................. Width of canal, creek or bay fronting prcperty........ .••. ............................................................ Deathat Lc.v Tide ..... .-2.................................................................................................................... Ave!-c-:! Rise in Tide .6. ........................................................................................................................ e Is this fcr -ivcte or �usincss us_ Business.................................................................................. Business ....................... :%re� �cning ............................................................ ................ ....................................... . Mcnncr In which mater;gl will be removed or dcposlt^d ...N,�A....................................................... . .......... ................................................................................................................................................... Intended use of property ..........Existing Marina ................................................................................ .... ............................................................................................................................................................. %Vn-ten consent cf owner of prcoerty, if not the some es the cppliccr,t ....NIA............................. .................................................................................................................................................................. .................................................................................................................................................................. CCUNTY OF SUFFOLK ) STN OF N_W YCR' ) SS: !.! �: ....... e................................................ being dui sworn (=ezcs=_s ...... _ Y ara says that e is the C.^ 1(cCr t for the above cescnced cermet, and ;hat CII stetemer.ts ccn c:r:ed herein cre True to The Cesf of his Kn0'.vled,-e and belief; thct the work will be core In r.e mcn;i_r see far,"fl in this =cliccz;cn and as may be cccrovea ^" the Ic,..n BCCrG of the lawn of SC:'r.ala: ThC =pllcc .- agrees to hold the Town of Soutnc'd crd the Town -Peer harm-less c free fra.-n any cno cil aerr,cges cnd claims arising un;.cr or by vlri::C' of = :d Fe If, If` ranted. ............e -iyr:a, at Apol,ca-t S•. n to before me this ...... ..�............... VERONICA F. CIDONE 9 NOTARY PUBLIC, STATE OF NEW YORK "f "" " .. ' ' ' ' NO. 52-4661406 .. ............ OUALIFIED IN SUFFOLK COUNTY ......................................... 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" T� "t' <-� ,Ift. ,1^';' I�:,�1�e�' OR ADDIT "n#°n's•: 'S'''`.-'�,• Ir„a1•''`• -� AUT ORILEf)ALTERATION ;'L q F.v T�'"f,7 LJ, ;; I oN r. F +u' ir” VEY IS A' CATION 1,:• _ /. ( T ►6 t O THIS'SUR VIO O 09,OF THE NEW YORK STA TF '1,.; iit'6 1 r"IG�E.�f..�•••'�i�' .; 'i.' 't': ,�I�°•'tl�,,. t'F;L r5ECT10N 72 "JDUCATION•LAW-�,, • - _ ,y' r,i.i.C,Z;' ' ;,}�'`.' l.i;�r1'f;'�r'/1,�'it. r`''.r•- T BEARING THIS SURVEY.MAP NO KOPIES',OF SEAL OR ' -Nov. e f _ •'.,e..rrr. ;ib•," itt'S i THE SURVEYOR'S INt:ED S �7 rCy� l ' :1 .,t ,r P. I x-;i�•' j`, f,, TM CONSIDERED .�urvEar E' C J BOSSED SEAL SHALL NOT. . JO BE VALID TRUE COPY. _ ,S - N;,i •:'�•',2:..r"+ii`'>s� •'r' '''x; ,'1: 6,1 t�, a ,!'� 't. .x.a•,''V; ,,F, .r� •li-n r,p,l ,f.}' 1~'," �+l`'�t',.," , r ALL RUN /'��'•-� �^� D�... 9(t•-.9Z'+J ra _- 'i - - "'a`-t�Y''��'''•=t.'- :t, - il`= f .3,''� "1 „ c NDICATED'HEREON'SH t_ PL.l�."/�6«.� � 1 •` `; ,A bn' V -, t GUAPANTE_S I TH URv __.,_•.• �� - vim`_ 3a` f " „ONLY TO THE PERSON FOR WHOM E S PRCPFP.ED. ANO.ON+1iSaSEHALF TO THE -- S ICOMPAtiY, GOVERNMENTAL AGENCY I TITLE? + I ?G.CYR 1. r,\ L s —•�t- _1� — �C�I � 1_ r I T NEI 7 4-41 10,� ."A' -71 �'' ��.� fir` f yl �,t.j�ii ter^ �i� t• '� ,� __ A• Li a y IV rtCL s �rl`! M' eo DRAFT ENVIRONMENTAL IMPACT STATEMENT for Matt-a-Mar Marina Proposed Docks Mattituck, Town of Southold Suffolk County, N.Y. Lead Agency: Southold Town Board Town Hall 53095 Main Road Southold, NY 11971 Contact Person: Judith Terry Town Clerk 765-1801 Prepared by: En-Consultants Inc. 1329 North Sea Road Southampton, NY 11968 TABLE OF CONTENTS Page LIST OF APPENDICES SUMMARY 1 DESCRIPTION OF ACTION 2 DESCRIPTION OF ENVIRONMENTAL SETTING 5 EXISTING ENVIRONMENTAL FEATURES OF SITE 5 GEOLOGY AND SOILS 5 SLOPES AND TOPOGRAPHY _ 6 LAND FORMS 7 MINERAL RESOURCES 8 HYDROLOGY 8 ,GROUNDWATER 8 SURFACE WATER 9 ECOLOGY 9 FLORA 10 FAUNA 10 LAND USE 11 IMPACT OF THE ACTION ON THE USE AND CONSERVATION OF ENERGY (WHERE APPLICABLE AND SIGNIFICANT) 12 DESCRIPTION OF MITIGATION MEASURES TO MINIMIZE ADVERSE EFFECTS 13 DESCRIPTION AND EVALUATION OF REASONABLE ALTERNATIVES TO ACHIEVE THE SAME OR SIMILAR OBJECTIVES 13 IDENTIFICATION OF ANY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES 14 DESCRIPTION OF ANY GROWTH-INDUCING ASPECTS OF ACTION (WHERE APPLICABLE AND SIGNIFICANT) 14 LIST OF APPENDICES 1. Survey of property by Roderick Van Tuyl 2. Plan of Proposed Project 3. U.S. Army Corps of Engineers project map of Mattituck Creek 1> SUMMARY The applicant, Matt-A-Mar Marina, proposes to install 486 ' of floating dock, with a 4 ' x 35 ' catwalk and a 3 ' x 15' access ramp, along the north shore of Peter' s Creek, a tributary of Mattituck Creek. The purpose of the project is to provide convenient and safe access to the marina facilities and surrounding area facilities to boaters utilizing the federal anchorage area in Mattituck Creek. The project will result in no long-term or significant adverse environmental impacts. Minor, short-term impacts resulting from construction are expected in the form of increased suspended sediment and localized damage to wetlands grasses. In order to mitigate these impacts, the applicant proposes that construction take place during the spring months, and will replace any marsh grass that will be damaged. The proposed floating dock will allow safe and convenient access to the upland by boaters who might otherwise transverse the wetlands which fringe almost all of the area' s shoreline. Additionally, by allowing use of the marina' s sanitary facilities to boaters using the anchorage, water quality in the creek will be enhanced. All reasonable alternatives including a fixed dock, alternate location and size, and the no-action option were -1- I ' considered and rejected due to environmental and economic reasons. Approval is required from the Southold Town Board. Permits are required from the Southold Town Trustees, the New York State Department of Environmental Conservation and the U.S. Army Corps of Engineers. Additionally, the project requires a determination by the New York State Department of State Coastal Management Program Office that the project is consistent with the state' s Coastal Management Program. DESCRIPTION OF ACTION The applicant proposes to install 486 linear feet of floating dock, with a 4 ' x 35 ' catwalk and 3' x 15 ' access ramp, along the north shore of Peter' s Creek, a tributary of Mattituck Creek. Project Purpose and Need The purpose of the project is to provide sufficient safe and convenient docking space for dingies and small boats belonging to the- recreational craft that anchor in the anchorage area in Mattituck Creek adjacent to Matt-A-Mar Marina. On any given weekend during the summer boating season, there may be as many as 100 boats utilizing this anchorage area in the only port between Orient and Mt. Sinai. Boaters who come ashore to use, the marina' s restroom, laundry, garbage disposal, and supply store facilities dock -2- • I their dinghies in temporarily vacated berths, along the fuel dock, in the travel-lift slip, or along the wetlands adjacent to the proposed floating dock. This practice leads to conges- tion, conflicts with the marina' s permanent clientele, wetlands degradation, and limits the length of time boaters from the anchorage can remain ashore. The proposed floating dock will provide docking space for approximately 40 dinghies, thereby allowing more convenient access to the marina and its facilities, as well as to other upland facilities in the Mattituck areas, such as shopping areas and restaurants. Location and Description of Property The proposed project site is located along the north shore of Peter' s Creek, on the south shoreline of Matt-A-Mar Marina. The marina is bounded on the south by Peter' s Creek, on the west by Mattituck Creek, on the north by Long Creek and the property of Vina and Ano Baker, and on the east by Wickham Ave. On its 8. 75 acres are located an office building and marine supply store, a restroom, shower and laundry building, a snack bar, swimming pool, and two shop and storage buildings. All of the shoreline is bulkheaded, and there 'is docking space for 90 boats at floating docks and along the bulkhead. Additionally, there is a boat ramp along the northwest bulkhead, and a travel-lift slip along the south bulkhead, immediately west of the western end of the proposed floating dock. -3- The project site is located along the north shore of Peter' s Creek. Although this shoreline is bulkheaded to a point 85 ' west of Wickham Ave. , a vegetated tidal wetland is situated between the bulkhead and the mean low water line of Peter' s Creek. The wetland, which borders the entire creek shoreline, varies in width from 20 ' to 40 ' , and is vegetated with Spartina, alterniflora and S. patens. Design and Layout The proposed project will consist of eighteen 5' wide by 24' long floating wood docks, one 5 ' wide by 30 ' long floating wood dock, one 2' wide by 24 ' long floating wood dock, and a 4 ' wide by 35' long pile supported catwalk and 3 ' wide by 15 ' long ramp for access. The floating docks will be anchored by piles placed on the seaward side of the floats every 481 . The reader is referred to the plan in Appendix 2 for exact location and construction details of the proposed structures. Construction and Operation Installation of the proposed structures will take place in the spring of 1986. All piling will be installed by the jetting method, and the floats and ramp will be removed at the end of each boating season and reinstalled prior to the com- mencement of the following season. Initial installation of the proposed structures is expected to take approximately 4 to 5 days. -4- Since the floating dock is to be used exclusively by small, shallow draft dinc7ies on a space available basis, and as permitted by existing and future water depths, dredging of Peter' s Creek will not be required. Approvals Required Town wetlands and Trustee permits are required from the Southold Town Trustees. New York State Department of Environ- mental Conservation Tidal Wetlands (Article 25) and Protection of Waters (Article 15) permits are required, as are a permit from the U. S. Army Corps of Engineers and a determination by the New York State Department of State Coastal Management Program Office that the project is consistent with the State ' s Coastal Management Program. Section 661.5 of the New York State Tidal Wetlands Land Use Regulations categorizes all components of the proposed project as GCn-Generally Compatible Use-Notification Letter Required. ENVIRONMENTAL SETTING Geology The upland is flat and relatively level with elevations ranging from 41 ± to 8 ' ±. The topography is consistent with that of the surrounding area. As indicated on sheet 16 of Soil Survey of Suffolk County, New York (USDA 1975) , the soils on the upland are classified as -5- Fd-Fill Land, Dredged Material and HaA-Haven Loam. Fd type soil is confined to a narrow strip along the shoreline, with the remainder being HaA. Fd-Fill Land, Dredged Material is described as follows: Fill land, dredged material (Fd) , is made up of areas that have been filled. with material from hydraulic or mechanical dredging operations. These operations are used mainly to widen or deepen boat channels in salt water; however, some dredged material has been obtained from new channels cut into tidal marshes. Most of the dredged material is pumped into tidal marshes. Smaller amounts are placed on beaches and dunes and on nearby mineral soils in a few places. The practice generally is to dike an area by using on-site material. The dredgings are then pumped into the diked area and allowed to settle. Excess water drains back into the bay. After the water drains off, heterogeneous deposits of sand, gravel and sea shells remain. Protective dunes have been built with clean sand and gravel dredgings in some places, and in such places a few naturally formed dunes are included in mapping. Fill land, dredged material, is not suited to farming. Areas are satisfactory for building sites where the fill is adequate and if the highly compressible organic layers in the tidal marshes are removed prior to filling. Areas where the fill is placed on marshes containing thick organic layers are likely to be unstable and need on-site investigation before building on them. Droughtiness, low fertility, and high salt content severely limit the establishment of lawns and other landscape plantings. Cesspools do not function properly where the groundwater is at a shallow depth. Capability unit not assigned; woodland suitability group not assigned. Haven loam (HaA) is described as follows: Haven loam, 0 to 2 percent slopes (HaA) has the profile described as representative of the series. It is nearly level and generally is on outwash plains. Some areas of this soil are on moraines and generally are on top of low-lying hills. Some of these areas are slightly undulating. Most areas of this soil are large, but on moraines the areas are smaller and are irregular in shape. -6- Included with this soil in mapping are small areas of Scio soils and some crescent-shaped, gravelly areas. Also included are soils that have a -moderately coarse-textured surface layer and a medium-textured subsoil. In many areas of this soil that are mapped in association with Bridgehampton soils, the soil is deeper and siltier than that described as representative of the series. Bridge- hampton soils generally are included in mapping in these areas. Also included, on moraines, are areas of Montauk soils that have a very weak fragipan. Montauk soils formed in loose, sandy till. The hazard of erosion is slight on this Haven soil. Primary management concerns are keeping the soil from crusting after rain, maintaining tilth, and reducing the plowpan. This soil is used extensively for crops, and it is well suited to all crops commonly grown in the county. Potatoes are the main crop, but cauliflower, cabbage, corn, onion, and sod crops are also grown. Because of the nearly level slope and ease of excavation, most areas of this soil in the western part of the county are being used for housing developments and industrial parks. Capability unit I-1; woodland suitability group 301. The Haven Series, of which the Haven loam, described above, is a part, is described as follows: The Haven Series consists of deep, well-drained, medium- textured soils that formed in a loamy or silty mantle over stratified coarse sand and gravel. These soils are present throughout the county, but most areas are on outwash plains between the two terminal moraines. Slopes range from 0 to 12 percent, but they generally are 1 to 6 percent. Native vegetation consists of black oak, white oak, red oak, scrub oaks, and pitch pine. In a representative profile a thin layer of leaf litter and decomposed organic matter is on the surface in wooded areas. Below this is the surface layer of dark grayish- brown loam about 3 ipches thick. In cultivated areas the surface layer is mixed with the material formerly in the upper part of the subsoil, and a plow layer present. The subsoil is dark-brown to strong brown, friable loam to a depth of about 19 inches. The lower part, to a depth of 28 inches, is yellowish-brown, friable gravelly loam. The substratum, to a depth of 55 inches, is yellowish-brown to brownish-yellow loose sand and gravel. -7- The soil at the location of the proposed structure is mostly sand, with some gravel and silt. Silt content increases to the east towards Wickham Ave. and south towards the center of the Creek. The soil is compatible with the proposed project. No extractive mineral resources exist on the site. No unique or unusual geologic features, formations, or landforms exist on the site. Water Resources The site is founded on the south by Peter' s Creek, on the north by Long Creek, both tributaries of Mattituck Creek, and on the west by Mattituck Creek. Peter' s Creek is approximately 500' long by 100' to 120 ' wide. It is completely bordered by an intertidal and high marsh fringe varying in width from 20' to 40 ' or 501 . Water depths vary from less than 1 ' to a little over 3 ' at Mean Low Water, but 1 ' to 3 ' is the general range. Depths decrease towards the head of the creek and near the shore. Mattituck Creek, which is connected to Long Island Sound through Mattituck Inlet, is tidal throughout its entire 2. 2 mile length. The mean tide range at the head of the creek is about 5. 2 feet, and the spring tide range is about 6. 0 feet. Maintenance of the channel from the inlet to the head of the creek, and the anchorage area adjacent' to the Matt-A-Mar -8- 1 Marina to a 7 ' depth (at MLW) is an authorized U.S. Army Corps of Engineers project. The waters of Mattituck Creek and all of its tributaries are classified by the New York State Department of Environmental Conservation, for purposes of best usage, as SA-Shellfishing for market purposes and any other usage. However, due to existing sanitary conditions, the taking of shellfish from Mattituck Creek and its tributaries is currently prohibited by the New York State Department of Environmental Conservation. Although not determined by specific studies, it is highly probable that the pollution is related to septic system efflu- ents. The waters of Mattituck Creek and its tributaries are used primarily for recreational boating and recreational fishing. Several commercial fishing vessels use the Creek as a home port, and commercial sand and gravel and oil terminal facil- ities, although not used in recent years, are still in place near the inlet. Since the proposed project is to be located in Peter' s Creek, it will have no effect upon groundwater. Terrestrial and Aquatic Ecology The proposed floating docks will be located in wetland classified as coastal shoals, bars, and flats by the New York State Department of Conservation. With the exception of the -9- J �) bottom area that will be taken up by (11) 8 inch diameter piles, no bottom will be lost. Placement of the piles will result in a very short term disturbance of bottom sediments. The land between the proposed floating docks is intertidal marsh and high marsh, vegetated by S. alterniflora and S. patens, respectively. Construction of the open-pile catwalk over the marsh will result in a minor, temporary disturbance which will be restricted to the immediate area of the catwalk. Neither the catwalk nor the ramp will have a long term adverse effect upon the productivity of the marsh. Fauna The animals of the site may include raccoons, opossums, grey squirrels, cotton-tailed rabbits, meadow voles, white footed mice, short-tailed shrews and others. None of these is considered rare or endangered by federal or state agencies. Several species of birds may use the site and surrounding area. These include various gulls, terns, plovers, sandpipers and waterfowl. Reptiles and amphibians on the site are more limited. Garter and hognosed snakes may occur in the uplands along with Fowlers toads and an occa$ional box turtle. The shallow water areas support both fin and shellfish including killifishes, spearing, snappers, flounders, weakfish, white perch, blackfish, bergalls and others. Blue clawed crabs, hard and steamer clams, blue and bank mussels and other -10- shellfish occur in these waterways. None of these is rare or endangered. No critically listed habitat nor important-unique ecosystems occur at the project site nor in close proximity to it. Land Use and Zoning The Matt-A-Mar Marina property is zoned "B"-Light Business. All of the surrounding upland is zoned "A"-residential and agriculture. The proposed project is consistent with current zoning and land use. Cultural Resources The surrounding area is lightly developed with single family houses, with much of the shoreline in its natural or relatively undisturbed state. The proposed project will have no adverse effect upon the visual character of the area. -No historic or archaeological resources are located on or adjacent to the site. Since the proposed dock will serve small dinghies, usually propelled by oars, it is not anticipated that noise levels will be affected. SIGNIFICANT ENVIRONMENTAL IMPACTS There are no aspects of the environmental setting described in the previous sections that will be subject to long term or- significant adverse affects. -11- Temporary disturbance of a small area of the marsh will result from installation of the catwalk, and the bottom will be temporarily disturbed during installation of the floating dock anchor piles. However, water quality will recover to its baseline level within hours of installation, and since the catwalk will be constructed in the spring, the marsh grass growth will not be affected. As the size of boat able to use the dock will be restricted to shallow 'draft dinghies both by intent of the applicant and by water depths, the potential for user boat-induced pollution is very low. It is likely that the environmental benefits of the proposed project far outweigh the minor and temporary distur- bances that will result. Boaters using the anchorage will have sufficient and convenient access to the marina facilities such as those related to garbage disposal. This will increase the likelihood that they will dispose of refuse in a proper manner, rather than overboard in Long Island Sound or in Mattituck Creek. With the exception of the Marina and the nearby town dock and boat ramp, almost all of the surrounding shoreline is fringed with tidal marsh. , ' The proposed dock will allow boaters access to the upland without having to transverse these environmentally sensitive marsh areas. -12- . MITIGATION MEASURES TO MINIMIZE ENVIRONMENTAL IMPACT Construction will take place in the spring in order to minimize water quality effects and disturbance to marsh grass. Should any marsh grass be permanently damaged during construction, the affected areas will be transplanted. Floating docks will be removed each fall and reinstalled in the spring in order to minimize ice damage. Floating dock anchor piles will be placed on the outside of the docks in order to maximize their distance from the marsh edge. MARSHES Alternative Design A fixed dock was considered but rejected due to the potential for ice damage and permanent adverse environmental effects. Alternative Size A dock of the proposed size is required to provide docking space for 30 to 40 dinghies at one time. In order to provide equivalent dock space at a shorter dock, boats would have to be moored perpendicular, which would require outer mooring piles. This would result in higher costs and environmental disturbance. -13- f Alternative Location .The use of any other shoreline location at the marina would interfere with permanent docking arrangements. No Action If the proposed docking space is not provided it is likely that the applicant will have to severely restrict access to the marina facilities and upland by boaters using the anchorage. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The usage of fossil fuels to power construction equipment and workers vehicles is irreversible, as is the consumption of electrical power by tools. GROWTH INDUCING ASPECTS The proposed project will have no effect on the population of the area. It is expected that local businesses will benefit during the boating season by the increased access provided to boaters by this project. -14- STUDIES, REPORTS AND LITERATURE USED IN PREPARATION OF DEIS AUSTIN, G.L. Jr. 1961. Water and Marsh Birds of the World. Golden Press, New York. BURT, William H. "et al. A Field Guide to the Mammals, 1964 Houghton Mifflin Company, Boston. MINER, R. W. 1950. Field Book of Seashore Life. G.P. Putnam' s Sons, New York. MOREL, E. T. 1973. Marine Flora and Fauna of the Northeastern United States. Higher .Plants of the Marine Fringe. NOAA Technical Report NMFS CIRC-384. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 1977. Tidal Wetlands - Land Use Regulations, Part 661. PETERSON, R. T. et al. 1947. A Field Guide to the Birds. Houghton Mifflin Company, Boston. U.S. DEPARTMENT OF AGRICULTURE. 1972. Soil Survey of Suffolk County. Riverhead. -15- I -- AT Ti U" MATTITVck CR N Ebb .✓� `• - �Ds� �� "[=Via,,;.;�i KBE SuFFOLe -Ca. NAG3TRo/•y ' i5i14 /`9AP �3 Sc,1kc /"= 3000' � � V 0 b PRO ' RAt-,p Pao p hPRopoS e p 3S!l+/ALK��� l•? —_ � FLOAT 14, e a X4 4 4, ti_ 11 ,Cxrsrl,v HHG/= 6-o" ii 6RAOE B�O,A f v B DIA.X VAR. V Pleas Ll 6'a.c. E1c�s ri.vb , 66o TTO/y Ji• o S iO X-SEcT. THRu PROP Dcc< RC)Posc O - •3x/sR�1nP yk35'WALK ' Ex1JTiNG RET /N/ � L , A V ,S'' PRO Po5A0 `/302 FteflTs z 0 �K�s,,A& F� ARel of MATT/TVG/G CRcEK o / % i 41o;EeS b :-- -' T7 OD ! a puR pa s,6:CcMttFac/AIL doAT Doc&c j� �� PROPOSED F&OA-rIN4 QoGKS AOJACENT d6JNEQS: ,' {or MATT- A- MAR MAR/N/9 Wa�T C 'oh ARMof H/9TT/TvcC CQEElC B.-h4A%toL0 R. RE eve / of MATT/TucK, SvFF®LK Co, N,� So,yS, VNc- /`•� D $HEFT oaf! 'y�/6�SS - ,C. Q. PONS/GL/ory/E i NEW YORK DISTRICT PROJECT MAPS RIVER AND HARBOR 000 0;� 0 - � 000 OIC U. S. ARMY ENGINEER DISTRICT, NEW YORK CORPS OF ENGINEERS NEW YORK, N. Y. Iq Ppzwo/X .� • CORPS OF VN4..---.RS. _ U S ARMY O^N° s°u"° 17 'I� 151- 0 t4 "o (' f eO• - Iy W • l for: e 1 �o „a ad to wide ti e to WATERVILLE ' o • Y i O O . i 'Sep- :)r ep-:)r a a SITE alp- ;T) for 00 y -ice 4 - .jong ae of t,[ p`406p r� y •S f - - `Or !vim Gr•Aj' �esTP,4 TNC , CtY•I�. iq�•" OOYL Jr � S PO aVE ,sero MATTITUCK Jq PPEAI olx .TIL MATTITUCK HARBOR, N. Y. 30 JUNE 1860 SCALE OF FEET ' 1000 0 IOOG DATUM M LW•LONG ISLAND SOUND TO OLD MILL ROAD U%t•RK7[NGIN[[11 DISiR,Ci NEW 70RK fNENCE M N W TO MATTITUCK tF M.L.W.-L.fO FT MELOW M•L CORPS 01 ENGINE(RS NTO IORK N T • l I U S ARMY CORPS OF ENGINEERS SoUpID ND 17 ;OCG L for: g l 110 nd to N wide °A., 7 RO P e to ,r• 0 WATERVILLE c o a _J • 2 1 f 7� I y PSep_ Dr a SITE tip- ') for 00 y nc e 4 ,ore of �` ,lr,l�/ / , rAlC p�<,q CVYC !�, Q• S PO AVE V' i TO • ,ylr� MATTITUCK t f 1 • PPE vo/x j1L MATTITUCK HARBOR, N. Y. 30 JUNE 1960 SCALE OF FEET 1000 0 IOOO LW•LONG ISLANO SOUNO TO OLO MILLOAO R OATUM >J fNENCE M N W.TO MAT TIT UCM U i ARMY[NGINEER•DISTRICT NEW TORR t � ` { - M.L W. L SO FT.SCOW M S l CORPS Of ENGINEERS M(M fORR N Y f A., ... Itwy�rrw'FR^'L77M`:'�'� ,'Y.S< ':f ./`k..:c •' �.. m\; - - W., ..a..��.. ,_...------<-- _"'_^" 4- -_ .. F_• „ o Ln Town Hall, 53095 Main Road ® P.O. Box 1179 TELEPHONE ��®� �`10� Southold, New York 11971 (516)765-1801 VV MOVED SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL JAN 2 2.1986 Town Cleric Southold January 22, 1986 Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Mrs. Terry: The following action was taken at the regular meeting of the Southold Town Conservation Advisory Council held in Decemher. RESOLVED to recommend to the Southold Town Board disapproval of the Wetland Application No . 193A submitted by- En-Consultants , Inc, on behalf of Matt-A-Afar Marina to construct timber docks . The Council felt the scale of the project is too large for that area and there is concern for the land owners on th-e opposite side. Sincerely, Martin H. Garrell, Chairman By Linda J. Cooper, Secretary, FO TELEPHONE (516)765-1892 RICERICEWO BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DEC 7 Town Hall, 53095 Main Road P.O. Box 728 -j®wn Clark Southold Southold, New York 11971 December 26, 1985 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Trustees at their regular meeting held on December 26, 1985 regarding the wetland application of Matt-A-Mar Marina: RESOLVED to recommend to the Town Board Disapproval on the application of Matt-A-Mar Marina because of the agreement that was made several years ago not to expand. There was an illegal retaining wall put in, in an intertidal area where the wetlands were damaged and had to be restored. Rather than issue a violation, the Trustees accepted the contractors interpretation that no application was necessary. An agreement was then signed that no dredging would be done on the South side. _There is no need for a dinghy dock. At low tide there is no water there. The lighting and safety requirements will effectively remove the whole cove to wildlife feeding at night. The measures for mitigation did not include to.-bring the..people to and from the boats, by launch. Trustee Smith. will give a presentation to the Town Board at 11: 00 A.M. . Very truly yours, Henry P. Smith, President Board f Town Trustegs f Ilene Pfifferling Secretary to Board HPS: ip • t , •yew,-,`�.`.L3,$> b+}.a,`9iA_,i;i' Town Hall, 53095 Main Road � m P.O. Box 728 Southold New York 11971 JUDITH T TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR Of VITAL STAT ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 4, 1985 Mr. Henry P. Smith, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Smith: Transmitted herewith is application no. 193A for a Wetland Permit submitted by En-Consultants, Inc. , on behalf of Matt-A- Mar Marina. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith To Terry Southold Town Clerk Attachment Ln Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD December 4, 1985 Mr. Martin Garrell, Chairman Southold Town Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr. Carrell : Transmitted herewith is application no. 193A for a Wetlands Permit submitted by En-Consultants, Inc. , on behalf of Matt-A- Mar Marina. Please prepare a written report of findings and recommenda- tions with respect to this application. Very truly yours, Judith T. Terry Southold Town Clerk Attachment Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 4, 1985 c Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted �)erewith is application no. 193A for a wetland permit submitted by En-Consultants, Inc., on behalf of Matt-A-Mar Marina. Copies of this application have been forwarded to the Board of Southold Town Trustees and Southold Town Conservation Advisory Council on this date for their " report of findings and recommendations. Very truly yours, Judith T. Terry Southold Town Clerk Attachment Town Of Southold Town Clerk's Office MEM Southold, N. Y. NEC 2"1985 `I®was aerk Sou thoW APPLICATION FOR WETL MS PERMIT Application �............ Date of Application .....��f..,�, ........ Identity of Applicont ... Matt—a—Mar Marina by En—Consultant,5, Inc. 'P'. 'n': 'sa1f•223.�......... ........�. ..................................................................... Mattituck, N.Y. 11952 Address of Applicant ....1329,North Sea Rd: 11968 .................................................. ' 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 written 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 pmpostcl 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. Te horizontal control of survey h 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$50. 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 of the applicant for a permit, may waive in whole or in part, the provisions of Article II, Section 97—21 subdivisions(D) and(G) 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 ................................................................ w Disapproved ........................................................... Cnl.gition�, cf ani! ...... ..........�- ........ ... .. .... . . _..._.�.. .... ,................ .......... .................. ........... ................................................................................-................................................................................ .............................................................................................................................................1..11..1............ 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 ~......Construct timber docks consisting of: 4' x 35' catwalk (elevated a minimum of 3.5' above..grade_of mars1H)"�aricH"a"3'"'x"15'"�iirigea"nfiirlp' ""' leading to (18) 5' x 24' floats (432' overall) plus a 5' x 30' float and a 2' .X..241..float .........................{................................................................................................................. Location of property for which permit wanted....... tt7,t1?cic„Creeks Mattituck W'ckham Ave. ................................................................................................................................................................ Home address of permit applicant if different from aforesaid location Matt—a—Mar Marina .................................... 1?...0_Box..1235.,..Mattit=k.,..U.Y...U9.5a.........................................:........................................... Creek, Bay or Harbor fronting property ..... .................................... 1111....... .................................................................................................................................................................. Size of proposed work: Length ........see above ..................................................................................................................................... Width !' ..................................................................................................................................................... HeightAbove High Water ..................................................................................................................... DepthBelow Low Water ...............NI.A................._................................................................................ Yardsto be Excavated ...............N/.A...................................................................................................... Yardsto be Filled .......................N/A................ ....... .................................................... e Width of canal, creek or bay fronting property.......100±' .................................................................. Depthat Low Tide .........7'...-..3'.......................................................................................................... Average Rise in Tide �r ............................................................................................................................. r - ^ Is this for private or business use? ...............bU,5:Lne'53 ,.,_.,,,,._.,__._ Area Zoning ......... residential � Monner in which material will be removed or deposited ...........0/4.._,^-,.^.-,-^.^.,,,,,,.+N�,,,^,~, , ---' '-----------~-'---^---------'-------'-'------^-----'-~-'----'-'-' � Intended use ofproperty ........... -' -'~-----'--'~--~------------------'----'-'-'---^-------^^~-~-'~^-^^ � Written consent of owner of property, if not the some as the applicant ........................................ ..........................."....... ' ...................................................................................................... � ^ . --..~-_--~_.--_-------.~_---------..^-----.-.---.----..-..^....~...- . ' COUNTY OF3UFFOue } ^ STATE OF NEW YORK ) SS: � . Boy LHaje ' ............................4._^_..^_..__--._,,_^,.. ..... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein orp true to the best dfhis knowledge and belief; forffi in this application and as may be approved by the Town Board of the Town of Southoid.The applicant agrees to hold the Town of Southold and h �wn Board harmless and free from id any and all damages and claims arising under or by virty T 7Z It, if granted. ............ .... ....`..-C......... ......................................... Roy L. e, sident Sworn to before me this ...........Z.6th En-Consultants, Inc. ^ day of ..............0»veober....................... l9..85_ . ` ` -~-'^-~--'~ ................ � N cry Pubic- « ' ` � NOTARY PUBLIC,State dNew York No 52-076615 Qualified Suffolk ! Commission County »�7 / wu c9no March uu1"=^ / / � � � � 3 w � Rr.s: 516 298-4739 • � �� /ami i MARINA FACILITIES P.O. Box 1235, MATTITbCK, L. I., N.Y., 11952 TO WHOM IT MAY CONCERN:- I authorize ENCONSULTANTS , INC. TO ap ly for permits on my behalf. r I Agarabi President Matt-A-Mar, Inc . I i I - I i FEET - 4i t 4�: AT ST t, I rJL IC , r dt N ,✓wJ Gtr /"IAT?1TvCC R k �� �'' - < < i ebb o F, SuFFoLC Co. NA6s rRohq' FIOed ,K Y MAP J3 Sc ALE /"= 3coo' �U� b , ° PRO p ' RAr+P PROP. toeoposzo 3S I.iAL' l•? '/ FLOAT o S,Arb x IJ u nAlt/ 1 r 2 CoRADE g'DrA F 2 Pr�cs y8 e 0.C.4 8y00.X VAR. pj�es 3 ' E�clSri,vG � �'o.c. 20 rroH I X-SecT. -rHRU PROP DOC_< oPOSc D 3X/SRAnP //jr CaAI-K EK/STiNrs RET /N/N � LL 4 rlliVhc��- __ S. 4 /•erni4//�r_a4•.S_�_•i_ns ---- - ------ _ - p6�0� �x�y. r3o PRoPosCO `/3d FcoA'rs i4 f� Agri of MA7T/TU414 GRcEK o /•, i Ivo�tS X44 %� DATUM:111-U QvRPo S--,(foe' PRO . i GaAT Do ck % -Gr PMAT- AL MAR MAR Nq AOJACENT OtFJNE•RS: / /� H. Wrt. (nJA�-1 B7tS_.-_ / C oh ARM of MATTiTvcC G//REE lG / 57u,'FOLK LA. X.S': 4 f MA TT/TV G K C. Q. PoNS/GL/orVE � � 17. H. REE 1/a i it / i PERMIT NO. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 10-85-0682 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ® ARTICLE 36,(Construction in Flood Hazard Areas) PERMIT ISSUED TO MATT-A--MAR, INC. ADDRESS OF PERMITTEE Post Office Box 1235 Mattituck NY 11952• LOCATION OF PROJECT(Section of stream,tidal wetland,dam, building) Mattituck Creek DESCRIPTION OF PROJECT tCtnstruct timber docks con,isti.nq of: a 4'x 35' catwalk (elevated a minimum of 3.5' above tirade of marsh) and a 3' x 15' hinged ramp leading to (18) 5' x 24' floats (432' overall) plus a 5' x 30' float and a 2' x 24' float. COMMUNITY NAME(City,Town, Village) TOWN Mattituck Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk I 1 12/31/86 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any damage Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre- 3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner, cepted expressly, Uy.the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in accor- ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the cause injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such 5. Any material to be deposited or dumped under this time and manner as the Department of Environmental Conservation may require, permit, either in remove all or any portion of the uncompleted structure or fill and restore the the waterway or on shore above high-water mark, shall be deposited or dumped site to its farmer condition. No claim shall be made against the State of New at the locality shown on the drawing-hereto-attached, and, if so prescribed York on account of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others 6. There shall be no unreasonable interference with navigation by the to perform the permitted work or as authorizing the impairment of any rights, work herein authorized. title or interest in real or personal property held or vested in a person not a 7. That if future operations by the State of New York require an alteration party to the permit. in the position of the structure or work herein authorized, or if, in the opinion 13. The permittee is responsible for obtaining any other permits, ap- of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood flows or endanger project. the health, safety or welfare of the people of the State, or loss or destruction of;the natural resources of the State,the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and thereby without expense to the State; and if, upon the expiration or revocation Parff500 of 6 NYCRR(Construction In Flood Plain Areas having Special Flood of this permit, the structure, fill,,excavation, or other modification of the Hazards — Building Permits) and In no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding. without expense to the State, and to such extent and in such time and manner 15. a as'�the Department of Environmental Conservation may require, remove all or y acceptance of this permit the permittee agrees that the permit any portion of the uncompleted structure or fill and restore to its former is contingent upon strict compliance with the special conditions on the condition the navigable and flood capacity of the watercourse. No claim shall reverse side. be made against the State of New York on account of any such removal or alteration. 95-20-4(9/75) (SEE REVERSE SIDE) cc: BMHP , J. Gregg(DRA) SPECIAL CONDITIONS SPECIAL CONDITIONS A THROUGH J ATTACHED. SUPPL11M=AL SPECIAL CONDITION P ATTACHED. ADDITIONAL SPIAL CONDITION: 1) All work shall be performed in accordance with the plan (4/16/85) submitted with the application by En-Consultants, Inc. E 4 fi Alternate Regional PERMIT ISSUE DATE PERMIT ADMINISTRATOR ADDRESS 11/7/85 David DeRidder /�� B1dg40, SUNY, Stony Brook,N 11794 I ' SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspicinus location at the work site until completion of authorized work. I D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of 1 this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. i F. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other ,environmentally deleterious materials associated with the project work. IIS H. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. l I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY,District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands under water. I Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 10-85-0682 DEC # i The following conditions shall apply if checked as applicable by the Regional Permit Administrator: R. All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes. L. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Government Dumping Ground, as directed by the District Engineer, U.S. Department of the Army, Corps of Engineers. Any spoil material not intended for such water disposal shall be removed from the site and disposed of at an approved 4 upland site. M. All fill and spoil material shall be suitably contained at the work site so as to prevent its eroding, leaching or otherwise entering into adjacent wetlands and waterways. I N. All peripheral rip-rap berms, cofferdams, rock revetments, gabions, bulkheads, etc. shall be completed prior to placement of any fill material behind such structures. 0. All repairs -to existing structures shall be confined to replacement of.-4�?cisting structural elements with no change in design, dimension, or materials, unless specifically authorized herein. i x P. ,.The,fpllowing Water Quality Certification shall apply if required l by one or more agencies of the United States Government and if checked as applicable by the Regional Permit Administrators: In accordance with Section 401(x)(1) of the Clean Waters Act of 1977 (PL 95-217) the New York State Department of Environmental Conservation hereby certifies that the subject project proposal will not contravene effluent limitations or other limitations or i standards under Sections 301, 302, 303, 306 or 307 of the Act. DATE 11/7/85 " Da id DeRidder Alternate Permit Administrator Division of Regulatory Affairs 10-85-0682 NYS Department of Environmental DEC# p Conservation Building 40, SUNY--Room 219 Stony Brook, NY 11794 i (516) 751-7900 A 4 lie BPPE~DZ ~' 1.