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Home My WebLink AboutSilverman, Daniel I +rrn• n, ,.. ,.,. .,. e, .4.. A New York State Department of Environmental Conservation � G� 4 SUNY - Building 40 Stony Brook, New York 11794-3070 Henry G.Williams AUG17 94 Commissioner Town 0" August 15, 1984 Roy L. Haje En-Consultants 64 North Main Street Southampton, N.Y. 11968 Re: Daniel Silverman Application #10-83-0426 Dear Mr. Haje: This application was referred to the Office of Hearings by Department staff on July 26, 1984 to schedule a public hearing. The public hearing will be held in The Southold Town Hall, on September 20, 1984, We will publish the hearing notice in the Department's Environmental Notice Bulletin and will mail a copy of the notice to the clerk of the municipality where the proposed project is located and to all other persons known or believed to have an interest in this matter. Please publish the enclosed hearing notice at your expense as a legal notice in the Long Island Traveler-Watchman on August 30, 1984. Following publi- cation, you must obtain an affidavit of publication from the newspaper and either mail the affidavit to this office or bring it to the hearing. The hearing will not proceed without this proof. If for any reason the notice cannot be published or is not published as directed, please contact me at (518) 457-3468. The applicant is required to provide an original and two copies of the steno- graphic transcript of the hearing to the Department. Unless otherwise re- quested by you, we will make arrangements to have a certified reporter from a private firm, who is experienced in these types of hearings, to take the stenographic record of the hearing at the rate set by the State Comptroller. Copies of the record will be forwarded to my attention after the hearing and will be billed to the Applicant. At your option, if you wish to engage a certified reporter for this hearing, please contact this office within the next 10 days. If you want the Department to arrange for the stenographer, a bond or other form of financial security acceptable to the Department such as an escrow Y account or certified check in the amount of $750.00 will be required on or before the start of hearing to guarantee the payment of the hearing costs. Without this bond, ect. , the hearing will be adjourned until the bond has been made available. If you engage the stenographer directly, a bond will not be necessary but the Applicant will still be responsible for payment of the costs of the transcript. The hearing will be conducted in accordance with the procedures in 6 NYCRR Part 624 (Permit Hearing Procedures) . The Applicant may be represented at the hearing by counsel, appear on its own behalf or be represented by another person. At the hearing, sworn testimony and appropriate exhibits, such as reports, plans and maps and photographs, of the Project Site etc. , should be submitted by the Applicant and/or by expert witnesses on beholf of the Applicant. Each party to this proceeding will also have the opportunity to fully develop its respective cases on the pertinent issues and to cross- examine each other's witnesses. The burden of proof to support the appli- cation, however, rests with the Applicant. You may review any objections concerning this application which are filed in our Office or at your request we can arrange to have copies made and mailed to you. As indicated in the hearing notice, additional persons may also file objections up to the filing deadline. We encourage you to meet or to correspond prior to the hearing with: (a) those persons or organizations who have already filed comments or objection; and (b) with the Department's Regional Staff to discuss changes which would eliminate or mitigate (if possible) the objections or concerns to the pro- posed Project. If a reduction in the scope or size of the Project and/or the resolution of outstanding issues, can be achieved through stipulation or other agreements binding on the Applicant, it may become possible to eliminate or shorten the hearing with a resultant savings of time and money to all concerned. If you have any questions regarding the publication or the hearing procedures please call me at (518) 457-3468. Very t my yours, A r � A. Marshall Irving Administrative Law Judge State of New York DEPARTMENT OF ENVIRONMENTAL CONSERVATION PUBLIC HEARING NOTICE APPLICANT: DANIEL SILVERMAN 30 STONER AVENUE, GREAT NECK, N.Y. 11021 BY EN-CONSULTANTS, INC. 64 NORTH MAIN STREET, SOUTHAMPTON, N.Y. 11021 PROJECT: Construct timber catwalk 40 ft. by 4 ft. at 3 ft. above grade, 12 ft. by 4 ft. hinged ramp and three (3) 16 ft. by 6 ft. floats positioned by four (4) timber pilings. Maintenance dredge 1000± dubic yards to 5 ft. below MLW. Spoil to be trucked to approved upland site. Located on Wunneweda Pond with access over property owned by Dr. Cartnick in Nassau Point, Cutchogue, Town of Southold, Suffolk County, N.Y. PERMITS: Tidal Wetlands, Protection of Water, Water Quality 10-83-0426. SEQR: The Department of Environmental Conservation, as lead agency, issued a Notice of Determination of Non-Significance on May 23, 1983 in accordance with 6 NYCRR, Part 617. PUBLIC HEARING: An adjudicatory hearing upon- the application will be held on September 20, 1984 at 10:30 (AM) in the Southold Town Hall. STATUTORY AND REGULATORY PROVISIONS: The processing of this application is pursuant to Environmental Conservation Law ("ECL") Article 3, Title 3 (General Functions, Article 70 (Uniform Procedures) : Article 15, Title 5, (Protection of Waters); Article 25 (Tidal Wetlands) ; Section 401 of Federal Clean Water Act (PL 95-217) (Water Quality Certification); and pursuant to the Official Com- pilation of Codes, Rules and Regulations of the State of New York ("6NYCRR") , Part 621 (Uniform Procedures) and Part 608 (Use and Protection of Waters) ; Part 661 (Tidal Wetlands - Land Use Regulations); Part 624 (Permit Hearing Procedures) . FILING FOR PARTY STATUS: Party status to participate dt the adjudicatory pub- lic hearing held by this Department will be accorded only to those persons who can provide a clear demonstration of social, economic, or environmental in- terests which are likely to be affected by the proposed project. All persons, groups, corporations or agencies desiring party status at the hearing must file a specific statement in writing containing precise grounds for opposition, support, or interest for the project, including the nature of the argument and evidence which the person intends to present at the hearing and any other matter believed relevant. ALL FILINGS REQUESTING PARTY STATUS TO APPEAR AT THE HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AT THE FOLLOWING ADDRESS NO LATER THAN THE CLOSE OF BUSINESS ON SEPTEMBER 14, 1984: A. Marshall Irving, Ad- ministrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings, Room 213, Bldg. 40, SUNY, Stony Brook, N.Y. 11794: Telephone (516) 751-7900, Extension 258. DOCUMENT AVAILABILITY: The application can be reviewed and copies of repro- ducible portions obtained for 25-cents per page -at the above address. 9 All Parties having an interest in this Project are urged to attend or be represented either individually or collectively at the hearing and to sub- mit pertinent testimony and/or exhibits to insure consideration of all positions and issues. The Department's Decision will be based solely on the hearing record•.- The hearing may be cancelled if the filed objections are withdrawn or resolved. A. Marshall Irving Administrative Law Judge Stony Brook, N.Y. Date: August 15, 1984 a SMITH,FINKELSTEIN, LUNDBERO, CRIMMINS AND YA OSKI ATTORNEYS AND COUNSELORS AT LAW HOWARD M.FINKELSTEIN 456 ORIFFINO AVENUE,CORNER OF LINCOLN STREET /0 PIERRE 0.LUNDBERG P.O. BOX 389 _ I FRANCIS J.YARABOSKI ROBERT C.CRIMMINS RIVERHEAD, N.Y. 11901 FRANK A.ISLER _ (516) 727-4100 REGINALD C.SMITH , SUSAN POST ROOERS 1926-1983 RICHARD J.PREMINOER July 30, 1984 M r; Robert W. Tasker, Esq. , 425 Main Street Greenport, N. Y. 11944 TOWN OFSOUTHOL® Re : Silverman and Cartnick v. Town of Southold Dear Mr. Tasker: I am enclosing herewith photostat of Decision received last Friday in connection with the above-captioned proceeding. As you can see , Mr. Justice McCaffrey agreed with our interpretation of the provisions of the Environmental Conservation Law and regulations pertaining thereto, in holding that the Town may require an Environmental Impact Statement. I think it would be wise if, within the next two to three weeks, I could have a few minutes with you and the Town Board to discuss this-matter further. Very truly yours, FRANCIS J. YAKABOSKI Enclosure FJY :mo Copy, with copy of enclosure to: Mr. Francis J. Murphy, Supervisor/ Town of Southold yam` FORM aim MEMORANDUM SUPREME COURT, SUFFOLK COUNTY SPECIAL TERM In the Matter of, PART I DANIEL SILVERMAN and EDWARD N. BY McCAFFREY J. S. C. CARTNICK, Petitioners, VS. DATED June 26, 1984 ee THE TOWN BOARD OF THE TOWN -OF INDEX NO. 84-10640 SOUTHOLD, et al, Respondents. MOTION N0. 6,300 GUY W. GERMANO, ESQ. SMITH, FINKELSTEIN, LUNDBERG, CRIMMINS Attorney for Petitioners & YAKABOSKI, ESQS. 474 Brooklyn Boulevard Attorneys for Respondents Brightwaters, New York 11718 456 Griffirg Avenue, Box 389 Riverhead, New York 11901 In this - Article 78 proceeding petitioners seek tcs reverse and annul a decision of the Southold Town Board which determined that petitioners' pro- ject is likely to have a significant effect on the environment and, as such, Tan Environmental Impact Statement is necessary. Petitioners seek to construct a catwalk ramp, floating dock, and to dredge in Wunneweta Pond so the dock to be built can be used for pleasure boa ing. The Town of Southold determined that this use constituted a Type I ac- tion pursuant to N.Y.S. Environmental Conservation Law, Article 8 and declare, themselves to be the lead agency.pursuant to the ECL. Petitioners argue that such action is void as outside the jurisdiction of the Town Board, contrary t, the laws of the State of. New York and arbitrary and capricious. Petitioners seek an order directing the Clerk of, the Town of Southold to issue a wetlands permit pursuant to Chapter 97 of the Code of the Town of Southold. -Petitioners, in order to construct the project, must secure permits from four separate jurisdictions: The New York State Department of Environmental Conservation; the Army Corps. of Engineers; the Southold Board of Trustees; a the Southold Town Board. In May of 1983, petitioners submitted an application for a permit to the New York State Department of Environmental Conservation (DEC) . The DEC, in a "Notice of Complete Application" sent to- the Southold supervisor, determined the proposed project was an unlisted action and would not have a significant effect on the environment. In the Notice, N.Y.S. DEC is indicated as the "SE( Lead Agency". Subsequent thereto, on July 11, 1983, DEC issued the first re- quired permit. Petitioners contend that the determination of lead agency by DEC and the issuance of the Notice of no significant impact by DEC terminates' the environ mental review of their project under Article 8 of the N.Y.S. Environmental Co. servation Law and NYCRR Part 617 and that therefore the Southold Town Board i, without jurisdiction under N.Y.S. Environmental Conservation Law to declare i self the lead agency and require the filing of an Environmental Impact Statemt _ IL OFF, GE 2 SILVERMAN V. SOUTHOLD INDEX NO. 84-10640 MOTION NO. 6,300 Respondents' argue successfully that the notification given to the Town was not the same notification when the DEC seeks to trigger the coordinated review procedures pursuant to the State Environmental Quality Review regula- tions §617.7 (d) . Regulation 617.7 reads in pertinent part: "Designation of lead agency and determination of significance for unlisted actions (a) . . .Unless and until written Notification of lead agency status and determination of significance has been given to all other involved agencies, each subsequent involved agency shall make its own determination of significance and may require an EIS. . . " Here, not all agencies involved were given the required notification. F ther, respondents have submitted affidavits of Charles Hamilton, Alternate -Re gional Permit Administrator for the Department of Environmental Conservation, indicating that a different form is sent when the Agency seeks to comply with the coordinate review procedures under Section 617.7 (d) . Accordingly, this proceeding is dismissed and this Court finds that re- spondent may require an Environmental Impact Statement. Submit Order. ;. '2 SUPREME COURT OF THE STATE OF NEW YORK RECEIVED COUNTY OF SUFFOLK - - - - - -x JUN 2 1 IN In the Matter of Town Clerk Southold DANIEL SILVERMAN and EDWARD N. CARTNICK, Petitioners, INDEX N0. 84-10640 -against- I THE TOWN BOARD OF THE TOWN OF SOUTHOLD, VERIFIED ANSWER et al. , for a Judgment Pursuant to Article 78 of the CPLR, Respondents. - - - - - - - - - - - - - - - - - - - -x Respondents, by their attorneys, Smith, Finkelstein, Lundberg, Crimmins and Yakaboski, answering the petition herein, allege: 1 . Respondents deny each and every allegation set forth in paragraph numbered "5" of the petition, and re- spectfully refer the Court to the provisions of Chapter 97 of the Code of the Town of Southold, entitled "Wetlands" . 2 . Respondents deny knowledge and information suffi- cient to form a belief as to the provisions set forth in paragraph numbered "8" . 3. Respondents deny, upon information and belief, each and every allegation set forth in paragraphs numbered "11" , 111211 , 111311 , 111411 , "15" and "25" , except admit that the New York State Department of Environmental Conservation did send a notice of complete application. 4. With respect to paragraphs numbered "17" and "18" of the petition, the respondents respectfully refer the Court to the respective provisions of law referred to therein. 5. That with respect to paragraph numbered "24" of the petition, respondents admit adopting a resolution requiring an Environmental Impact Statement and that, except as admitted, deny each and every allegation set forth in paragraph numbered "24" . AS AND FOR A FIRST AFFIRMATIVE DEFENSE 6 . That the petition herein should be dismissed in that petitioners have not set forth facts sufficient to claim a relief. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 7. That the notification of complete application, forwarded by the Department of Environmental Conservation to the Supervisor of the Town of Southold was not a notifica- tion triggered to coordinate review procedures as provided by the provisions of Section 617. 7 of the State Environ- mental Quality Review. WHEREFORE, the respondents request that the petition ^_ -s-'^--�J-T-• �."',�r-"'^:; : - ,r.c ,9,i -I '•w, 4._ tt„s_.'., _ .:M. '' n`,::eF..•sy . .g .TMr, zv v„3n_:,,� }4 t . :ill p. - v y, -�•f-'�,i-'Sws-4'T° ��'. e .0 _�° "P`i {ih r"n'�.,'w`t` ;;�iary- _ .`y",s_.� r''��W��_.,r_."'-.... .cx' ` I�vhihif ® . . - - - - i i STATE OF NEW YORK) I ss. . COUNTY OF SUFFOLK) i FRANCIS J. MURPHY, being duly sworn, deposes and says: Your deponent is the Supervisor of the Town of Southold P in the within action; that deponent has read the foregoing Answer and knows the contents thereof; that the same is true to de- 1ponent' s own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those atters deponent believes it to be true. FRANCIS' J. ,1M�RPF,iY Sworn to before me this day o%f June, 1984. Notary Public j JUDITH T.TERRY Notary Public,State of New York No.52-0344963 Suffolk Countyry Commission Expires March 30,8S I i I } - •ct., r ^'�c�i` —�'. -;s'•.-��y" :2.'+tt,"s^'•'-,"'�n s'"X;,'.+,`"c`y�'r`,�a' ''„�`n'x"' ..fi�-,' aiw.��•',":^�'�_is27-�`�K>+,^;'ti r ":�?c} - .> ,.,-' 'i, mit,»=' "' - _ n rr•;:��?ti t .,: •••.;�,Y�' �:?:.u7- �.r.tn ..75,E J',:"�c ,��' �J t'�f'W� rf -_! T2s '' ."•.�,:+.ti^ ,,.�, �r✓ih;; ,'S.; 'r..1^w°..'rr+„ :�_., a ,�,;t `+r�;:C•:,:v .4..- +,, {`3�';,• �," i.�^,o'•a•a�;,�«l�'J°.. 2:.�{';':,•'�+„`y> ��s:`,v� - :'E 1+_: r,y§. ,+.,3:.•-` "�t i*'�' t`' �L.s".rte°_,`.z�'7.?�»�a,,:'r:'•. . _rC$�1,,.^]_. 'i mss � -i. I ;;UPI= EME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK J� - - - - - - - - - - - - - - - - - - - -x In the Matter of DANIEL SILVERMAN and EDWARD N. CARTNICK, Petitioners , INDEX NO. 84-10640 -against- THE TOWN BOARD OF THE TOWN OF SOUTHOLD, AFFIRMATION et al. , for a Judgment Pursuant to Article 78 of the CPLR, Respondents. -, - - - - - - - - - - - - - - - - - - -x FRANCIS J. YAKABOSKI, being duly sworn, deposes and says: - f �I Your deponent is a partner in the firm of Smith, Finkelstein, Lundberg, Crimmins and Yakaboski, and is special counsel to the Town of Southold with respect to the above captioned. Your affirmant is familiar with the facts and circum- I ; stances herein and makes this affirmation in opposition to the petitioners ' request that a Wetlands permit issue from the Town Board of the Town of Southold without the necessity of petitioners preparing an Environmental Impact Statement. Obviously, the Town Board hearing is not yet concluded i I ' I ' I -- —�1j_'"•- - :t.._ '..7 _ .k:- 'F;..tip'.-,�'it;i. 'C Isr h�':ti.�ifi•✓':Y: J'.*v sy t'l_ � G i i inasmuch as no determination has been made on the merits, ` the Board having determined that the project is likely to have a significant effect on the environment and, as such, has demanded an Environmental Impact Statement. Petitioners sole basis, at this time, for refusing to prepare an Environmental Impact Statement is that by the i mailing of a notice of complete application to the Supervisor of the Town of Southold, the Department of Environmental I Conservation, in or about May of 1983, triggered the coos- dinated review procedures under the provisions of Section 617. 7 -(d) of the regulations of the State Environmental Quality Review. The Court is respectfully requested to take ' I notice of the State Environmental Quality Review regulations j and a photostat of Section 617. 7 of such regulations is Ii annexed hereto as Exhibit A. Your deponent has carefully reviewed the file in this proceeding and has also conversed ,! with Charles Hamilton who is the head of the Department of ,I Regulatory Affairs for the office of the Department of IS Environmental Conservation, located at Stony Brook, New York. It is the Stony Brook office which has jurisdiction C i over the land which is the subject of this proceeding. Mr. Hamilton is aware of the application and has it I � advised your affirmant that the notice of complete applica- tion is not the notification mailed when the Department of �i.+�'.- -�-z�=-'�,r>;3� - _ -.r .FA�::,rr.- 'k,-�r•_r,':- _'�,r� ..�,.,��r�*�r- s"�.::,..�'i`fit-'`�".3,�:"' ;.T'%';�'��, ''�, .. r,r`,i�•S"'i t r r;,u• � .{ .."_�{+,�"S'I,ri--`:;:,` 6�,";�7'F.'.t�.i"', - �-,, v,_,r `..y,tt.,. ,.r:•- , ,-�?, :�r..r,- _ *_t 4 .�fr.>—p .t,n':�,.;f3,1.y:,r�:.:{. ;i;� A.ta �;,.Y.a;�-r: c� __- ::Ay-„ .r. ,f.L'-- -il� - -,, i 4-.;•`.y:v a -, - ., .,'-i,- a..f x 3'+•`•.. ,}`• -:.: �%i,,y L'y` r.,x�, Environmental Conservation intends to trigger the coordinat- ing review procedures. Accordingly, then, since the work the petitioners seek to do would constitute a "unlisted action" under the provisions of SEQRA, which involved agency in its discretion may determine that an Environmental Impact Statement is necessary before making a determination. Accordingly, this proceeding should be dismissed and the matter should be remanded back to the Town Board of the Town of Southold to await the filing of an Environmental Impact Statement by the applicants, • Silverman and Cartnick. Dated: June ,�/ , 1984 Riverhead, N.Y. FNCIS Y K BOSKI ` f ^}r:.""'z�'?+-^-"'°"'s"•,�,-.`-±.srrs ,'"°',,xl¢,'�:"7t�`:-�w,:`'s�"��'�"'^�*;S•�6=fir; �mn,��^:�;�rs:r. - :x;�d-o .'rt•- -,'is..'' -r'at :s.. f'--'.i, 'So,,.,.• `.at ,c fix;.',..'.r f-t.C. ;s ,1�;3,. 3.cr,C.o.zr '""r3,. A'�A."';'..sTea `r,L �';7c``i ;,,.`a'r,.w'a. fY�,. 1.�:,, 3.�, „c;>''R''v, ;�`�S.':- . R',::5;r v.aq�a._i� >' ',�=a:Stift ,`t',,.ti "li'""'n z'•iJ:r Exhibit A -- �°,; _ r:,_ _�, =',.,, :�:•� = �. �,5. - �� 4.��._,,,µP'-f�','. ,.L.,,�� _ :�;�;�.. ,$.. 627. 7 nesi4 ition of lead agency and vermination of significance for unlisted actions. (a) The provisions of this section shall govern_ the desi gnation of lead agency and determination of significance for all unlisted actions. These provisions are designed to !s implify the SEQR procedure that applies to unlisted actions. When an agency is reviewing an unlisted action, coordi- nated review is required only when the agency determines that an EIS will be prepared (see 617. 10 ) . If an agency determines that the unlisted action will not have a signi- ficant effect on the environment, coordinated review and ' notification is strictly optional . However, when an agency or applicant wants to finalize, in the shortest possible time, lead- agency status and the agency's determination of non-significance, the agency or applicant is advised to follow the notification procedures specified in subdivision (d) of this section. Unless and until written 'notification of lead agency status and determination of significance has been given to all other involved agencies, each subsequent involved agency shall make its own determination of signi- ficance and may require an EIS. For unlisted actions lead agency status is not confirmed and an individual agency's determination of non-significance can be superseded at any time until one of the following occurs : all involved agencies receive written notification pursuant to subdivision (d) of this section and fail to respond to the notice within the prescribed time period; or all involved agencies have issued all final decisions on the action. i ' I Ii �,i�t., u�„J..,7�J i�.'-• .x xl� �. qtr "l'}i LS•� :f.:d:):� iP}:rf- .tr>5 Y1C`LS�Y d'J�� _ �S� er`"�Z - -3 r., ,¢ 'riJ r x 1¢ ' p�ii,._k}.�..hC-3:�:1.41� w�.r ,sem { •.;-;_ � past_;•.K tX f.Y-`�;�Y�+�.+x�"":,,. ,,,,}, -- ,�a�c , gg '�•R;, ,f.::<<S,Y� - t''«.S«. .�.,:�_ r � +' .�'';Y A �.,.�v.3. =.3"",, _.t,.+.'F'Ct..._",r; '�F �;�4. a .1,,., r� Y`^L4«''.t; fir:, •5+�,.+, 4.ytJ� iv i7� a"., 'f;: '?,t�'�,•°��:..ZYt''�,' r+' ,r e;s�;.?::�., -�:l,.r''•:'�`'-�r✓c + ^.av N; aF:tir._ .,d.�',tf" .t?�t nr't(,:"''L" >+. /;.r"3oy r•'il 1.. it_',:', r'r`r`, yC� :t, n1Y.-r-�.«M,, ,�,yr t*,?,::_;��"}`' Z-'�`'% '�u,,{ ,�y,� � l,. l.iJ`3�.N+r t,.,�5: a�:y L2{A,.a lR ,� F:1''e`:. ;k,,, y Fkf4�.f;�.,�ti,7. F'a"l �.-.F??.; .:F-:r _-6r.;,y,•c„ /,y ✓`rfh4�=1.. ,�aL�'T t`�; -'-'.%�:�',✓,xs�Lts�< -2r.'cs✓.-. Fai rr': _. .,a.i,.:b";. _ _ .mo-"'..,r..r�>SP.L Z;`l<+�^"f..._,.. :i:,.':„_ _. .+t�,;.i:.J',..'..r_ .Y.,::--c,,..xY"�-:�r... -F srl-;.i°•,rc�:t":a:;,;,�1='.::�Win. ,,^t'a _ unlisted action. nowever, an agency- may use a "short form - EAP (see Appendix B) to determine whether it has sufficient I information on which to base its determination of the environmental significance of an action. If after considering the completed short form EAF, it has insufficient informa- tion, it shall use a standard form EAF .(see Appendix A) to elicit the information it needs to determine the environmental i significance of the action. (c) As early as possible in the formulation of plans for an unlisted action to be directly undertaken, or within 15 days of receipt of an application for funding or approval of an unlisted action, an agency shall make an initial determination of the significance of the action in accordance with 617.11, 617.12 and 617. 13. ' (d) An agency or applicant, if it chooses to coordinate the review of involved agencies and promptly designate a lead agency and confirm initial determinations of significance, may ,ascertain, exercising all due diligence, all other involved agencies and notify such agencies -of the initial determination, supplying them with a copy of any EAF and any applications which have been prepared., and reasons supporting the initial determination. , (e) If within 15 calendar days from the date of mailing notification described in subdivision (d) of this section no involved agency submits a written objection to the agency which made the initial determination of significance i being lead agency, that agency shall be the lead agency and shall: �;i''.r I"•F.,.n�:�,•:��x^��'s�;'s�;=�:. �'��; "` ,.rs :�.%a,,A''-}:;,;,:;y ,a ,a,;`w;-- »'.er r '3=�'=�'_ •:<.,.ky'Ts.�, ,,','�ER^dr'. �:e.,_., ; r�a.¢'•F"4rt,F�R'�,+,`w",{y�',-,'�' -�,5,ms,*r7ii�,�y...'7;�` y„ }9::. � 'ir.n.• fit. p-•r��' "A.;:.: x.:Y ..e-.s�`.3•, .�4 2• �.'„;it,'��'�d .,z`.6;"px i:".,r:c 3'`;i_." =5��+�;hiv�a�&y�.�l-�5,�:°'�.xati',..'kAzb�+: ,y'.v.+”-�a.'�=�? t°s.s3`r -•h,y; i�i„", •;ca��..rSn'ti, ..,. , r..+Rr.,}„,s Ll ..�n^ _in' .;�L��.�«:, .� �a. =.1,r'� ,::t,...i,.n s ,,.ty i:�:r�<4'.v";'.4-s''i�z j;�� 3.b^ i•a...,.,s-tx„=;r'',.' �..iY•;. (1) follo;, he provisions of 617. 8 it It has determined an EIS is required; or (2 ) maintain a file of its determination and supporting reasons available for public inspection if it has determined an EIS is not required. (f) If within 15 calendar days from the date of r notification described in subdivision {d) of this section any involved agency submits a written objection to the ; agency which made the initial determination of significance being the lead agency, it shall be the responsibility of all involved agencies to follow the procedures prescribed in 617.6(d) and (e) for designation of lead agency. The lead iagency shall then determine significance of the action and 'proceed as described in 617.8. I f i ' 1.N�yf-'`P�l�;,''S'Fi"t'r''r,;'�:;:.i,nw1;!`�n=;:f.r='4,r�f-3}F..'iN.�.,�'-t,+;y.''.Y'"sr,`•-L!l"5}��i�`'-n',Y.„'t..:.�'yS,"(.�'.,t�5.r'":j5Xl-c}s_£:,.'.rs,wa?�_�=S^y.'�,-.w.,:`,-7`'=i`i�;�'TC:}anY,,.Yn„±a:csM•r+d,i.�,"u,-T,�,�3^z,-��.�i,•..tWi-�'- ,-Yn :ti�'r5G4c�,..••`• i,+�'a.c!��.,'�Sti rh �v rc.f^,,+{;s,',c ,KS.0X,; ia:.z:F,„d;•.YT.:,�'4rF-'P.,�"''.-n'._`i`i7r��`te°„K't;�'ti-N::�-ie�e,.�� ,x.,t',uY.r.`",7l,'a.f�.t_'S rY,�.Ss{�'."„�_x':J`xr:r�A?f,�'�1"M"-'.'•".e�',,,yr;'�-e3,,}.._:`,'.o-.`��§1,�'rA=F�b��j,;.7:i'AhN-Cu� �'er.'��i+�,-iYh��i.a.',Ay�"y-:'i�m,r•,'� Y '-r't` e,,,.n' `;<,,y';�=,":c,_,ar,. _a 4=_ -'�,..• �.,�F��,.. w Jx.= ?'2:�g.�t"a� -”-Lv r. ;!a�>.,��}-�.r;`�;; ,Y; •,'4,�;�{�` ,'s-+ -•:_,. .1t5„ i 3� �;,�.� �z� ;,� .-u�',.,,.�4 x�r 1,-.�� ''` ,J;ar-!tv,”„ ,.,�;; 'e;'F,, "�..� •�"�„�;• :� .3',.gs:;Jyr, w r k, x,>�r -lr,G �E',.. s„dr, ,7.4x-;r�y'r'r-;' + ..a. �s`:' :ai;, s_,wir!v=� t*,"'.';r4i,?i::r�:� -r�+s_;nS',.,,-'.s 4,.,1'.�P=� ;�-+.. �>,-t-.`e•£. hf"$.G,-;-.3=, .v-�;;- k='a',;i>+.::�1�'..,s�.Y.:.E;„•,,,cJ'Wti��',- "u i�d�, _ _ _ - _ c'ti a:7 --x� r r'�r.;.',�}. �'' ,'s-, - �`� .J,c, �,:,c,''.i Zv,�:�:;.,Y.-., '','s�.y�F9n �• %�r'ia':,��`,-'.tt .a, r..1+-=,�- r£•' ,-�x"' _- >•r,.;� � �.,.;;i. S:= `'y c4="`v="•�,..�-8.`;'^>',?'".,'°.•u," �"` �' ar!",�..�. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - x In the Matter of DANIEL SILVERMAN and EDWARD N. CARTNICK, Petitioners INDEX NO. 84-10640 -against- AFFIDAVIT THE TOWN BOARD OF THE TOWN OF SOUTHOLD, et al. , for a Judgment Pursuant to Article 78 of the- CPLR, Respondents. - - - - - - - - - - - - - - - - - - - x STATE OF NEW YORK) SS. . COUNTY OF NEW YORK) FRANCIS J. MURPHY, being duly "sworn, deposes and says: Your deponent is the Supervisor of the Town of Southold and is familiar with this proceeding, having attended the Hearing held before the Town Board on the 27th day of March, 1984. This affidavit is made in opposition to the instant application of the petitioners , Silverman and Cartnick, for a determination that the Southold Town Board had no right to request an Environmental Impact Statement and that the Court direct that a Wetlands Permit should issue to them. At the time this matter came on for a Hearing before our Board, we were made aware of the fact that 'a notice of r,y?;Fc ;r Tin iC"\^36':rf:,,'t-';'•'`y.4,r,r y'. rc� EY�ny4 S �'!.`r:n>srvv:rr -;: ,�.Ji, _ - .,;, ^�e}'at:.?•,_7111 ":..:.�?rrr� . '4�x, r.}da�"7^_,T�g{,`V�rYx`a.�4 y,;7ai`Y�.t,a.-;r.S',y:,y•tr.t,':".-.R�syinjfi-ti^r,,`"-'�t--f�i,*''.."�_�'�µ"-'r--`'`''#i--:^'v:-'?.'r:!'- -az..`1^.<y.te:•-'}4rk'f5t,`c,-n`-.'?^aTtr`Fi'.•Z3"c.,.iy�sd;;s£:;i,.,xi'a`,;v.-"�l,-td^,:,;;.^'1;;ra".tte}r:'''-;-.trr,iri':Y:;v'%,eM�fZ t'.�;,!"'t;�K.,�'�k.l.,^,Vft,3'tir.,1-,:e,tit-'&3�1,.-i.Yz,.�'�1.'.k.,�i';,�.lt�,,...C.;G-:.s`tti;r.U.ar•,l3"8a•"„--�.'..r•.,.,�t..,vN,�....5"J,.;r'v.5i-.','w rf.„^qa's,..'.k.r,„;p."7,s,'i,21.',r_rx t tr..".'t.i',7T.'i,*,'.P..''fr','r; -;rs�r.r:.,,,r.?.�'i§,�if.d,'-rir/At-¢,-.e-.w;i,st;:�Ti;r,;.:Iy,,.;�.`i"r;'r..A`A• ,s '-y•'d.=c..t;'.ra.,y .•:-_x- �. n `�, .a_ ., - .. ,. - z3;:' rP:,"- 7rii♦ ". r r;}_,�"i,.s r'.re s5'."r`` - _. ,1 _ ,` :^tit Soy ... _ , _.{;•�J,•. complete application had been mailed to my office from the Department of Environmental Conservation in May of 1983 . It was argued by petitioners ' attorney that this mailing, having been made, we, as the Town Board, did not have jurisdiction to determine: (1) that the project was likely to have a significant impact on the environment; and (2) that, accordingly, we could not demand or request an En- vironmental Impact Statement. Your deponent has spoken with Charles Hamilton of the Department of Environmental Conservation and I am advised by Mr. Hamilton and also by counsel that such mailing in May of 1983 was not intended to, and did not, serve as a notice designed to coordinate a review of involved agencies in this action. In fact, not all involved agencies were notified, nor were we or anyone else supplied with copies of the initial Environmental Assessment form, nor the application of the petitioners submitted to the Department of Environ- mental Conservation in 1983. Accordingly. your deponent respectfully requests that the petition herein be dismissed and that this matter be i a i -"'g--ara x--e.�<r,•-zr�4r;'_. t.._ h-�rPN": f :x`.�',q�?r-s•y�cq��!7;�`�rFu te?;•:5;=;�.ZT".�.'�.'°" s-�'..• RT.'�"t`:-'�,'�-.�"S;;*r`. Y �s."_y�.::.`..•: -- et 't. -4 4 3•.r, •W.�r '.T•'a:v4",.� ,:� �':»:•.� rg?`';m:i=` �i'`2tij{v'$._�'C•<L�t�'i�„e ',"§: r”.x?=':;£`�;'-`.�b �r,�,r�'��":, ,., v .F r:�, _sb .i;•'�"��r. •;,�:::�-rs- s:. ""tori„4:'.a 'y��wrt� .��'Y&. "rv.-.1.`,t,.v5� �` ,:n'=' h=`'` .?'.� "z`T:.'ih` '''`�' ._5;:^ ,:;�%c'F;:'s; .ta:- .$;�� `,,;r.,,�.„,?>: ,�'•'• �.,,,.._ ��.{ 11. ,,,.c,,i;,P� a,,, s. ,:1,'• .r`» irr-s•u'I:�t.yam. _ p r.::rr.;s,1Y.r;�� r'� d"':'„'v'.' _�' %�"�.,. 't n�:i M a.a z'�..N. �<. �rr_}. }3 ,_J� �'l.Vie- .,•17. 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F „, w"•. remanded back to the Town Board of the Town of Southold to await the filing of an Environmental Impact Statement by the petitioners, Silverman and Cartnick 'RANCIS /J. A/IYRPHY Sworn to before me this �:�- gday of June, 1984 atary Public JUDITH T.TERRY Notary Public.State of New York No.52-0344953 Suffolk County�Z Commission n EWres March 39, 9 9 ,«:r,6',tib-�, ='rr __ a ^rYi '"i:d7r,' '�?'%';c ,r�'�m ;.•'r%'=s'h�''?;.s` `?rf W- k - zr;:. sx=. , s��k` '' x.k,'� n,�. il }s,.+ka, .r.--'":f'?�^�r' r r—L`n�i.^M�., i--+c'•.•ry.Y*x� ,�•;f;;�;n e�,..j c« .,��r'�.�re��s, ,,r:§, ,�c•.-,f=a:-'t�ir;�t'',;2.r.;r „�._. - ..=.,:-t"';ya,: 'ems; +',{•??2;d''�- _F%';Y:'.�`h t H }r- +?r. `' •i�;r r'{; ..- g. :-vi`,: _ :;. ,u..�,:r•r ,+i.f-'37 Si aa. rte- ; ,err' ,..7 eg- •'k4�.' �„ ;k,•4:v.7'f�-a' ,�4��,,±•d,r7y,;y � x�'�'�: �^, �.*" .4' o''S^`i ice.��`jr. .�f �t^'�;`fix.._ -.,,.L J;W�,.s:;✓ �a�=r.+dt, '.-a5:'3`,v.:,..5�. . ,*. Kr;.3 rE:_" �F'"a...,��y'.v: {�•�,'v. n..S -;�:`•-;i'�y �T_.�J}t {{t`Ati ,x.'�^ �y �4"r'^'-7. •.i m?`:x" 'r.. � '13 „'.•"x" 4i."3�"i«S�•;k.d=,�},,•ki'��: 1`„k'',i -•' _•'�., .�,^.�,i .1��11 Z� .f',i l•i rr4�Y-.fix .�'�-'lCr'4 �S ;�. ��.. v%:�: ':�1._ �J.�in''r 9.. { �-.3:ir�+e. Yw^:; ., `,'.�;k;;'it*;<,. .e. 1 ,, n :5�'!; _ ,� r.fF+ .,.r ,��..h.'_-..'rip°''+ �rl�.a' .,:d•:-,, ..- ,. ir' ,..;M•,- .. t_f'".'`�_, ..... - __.0^ax.s...i:;N^:i'"i- � �.,. ,.. INDEX NO. Year 1984 SUPREME COURT: SUFFOLK COUNTY - DANIEL SILVERMAN and EDWARD N. C'ARTNICK Petitioners , -against- ; THE TOWN BOARD OF THE TOWN OF SOUTHOLD, et al . , for a Judgment Pursuant tQ Article 78 of the CPLR, 'Respondents . - . ORDER. TO SHOW CAUSE AND PETITION GUY W.' GERMANO Attorney for petitioners Office and Post Office 'Address , Telephone 474 Brooklyn Blvd. Bri ghtwaters , New York 11718 516 666-7988 RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLEC; �l DATE 61119 HOUR Town Clerk, Town of Southold At a Special Term, Part IJ- of Lof the Supreme Court , of the State of New York, held in and for the County of Suffolk, at the County Courthouse , i Griffing Avenue , Riverhead, New York, on the / day of ! 1984. ' PRESENT: HON. :jnseto coe' c7 JUSTICE SUPREME COURT OF THE STATE OF NEW YORK i; COUNTY OF SUFFOLK, i, i; In the matter of j; DANIEL SILVERMAN and EDWARD N. CARTNICK, Petitioners , j ORDER TO SHOW CAUSE ;9 -v- ,K4 N0. ��( --1�6 q(,, ii jE THE TOWN BOARD OF THE TOWN OF SOUTHOLD, ` et al, for a Judgment Pursuant to j 1; Article 78 of the CPLR, f Respondents , it i Upon the annexed Petition, duly verified on the 1 day of aw,,.�_ 1984, and upon the exhibits and affi- davits annexed thereto , and sufficient cause appearing therefore; Let the respondents or their attorneys show cause at a Special Term, Part I of the Supreme Court of the I� } j; State of New York to be held at the County Courthouse, located } {t at Supreme Court Building, Griffing Avenue, Riverhead, New a� �' York on June ►Z 1984, at 9: 30 a.m, o 'clock in the forenoon i� or as soon thereafter as counsel can be heard, WHY an order j should not issue herein: } !� Granting the relief requested in the within 1s petition, to wit: 1i _(a) Declaring that the decision of the Southold Town Board denying the petitioners application }� for a wetlands permit to be arbitrary, capricious , and s outside the jurisdiction of said Board; i (b) Enjoining the Southold Town 31 Board and/or Town Clerk to issue said permit immediately, ?3 and for such other, further, and different relief as may 49 j 4 be just and equitable. j SUFFICIENT CAUSE APPEARING THEREFORE, it is hereby, I !i ORDERED that service of a copy of this Order and the annexed papers upon which it is granted be made on iE 3 the Southold Town Clerk whose office is located in Southold, ! i' C; New York, on or before o 'clock on the N day of , +4 i{ t 1984, to be deemed sufficient. DATED: Suffolk County, New York 1984 E N T E R + i J.s .c. i� I I, �1 i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the matter of j DANIEL SILVERMAN and EDWARD N. CARTNICK, i Petitioners , • VERIFIED i' -against- PETITION Index No . ?+ The Town Board of the Town of Southold, '1 and FRANCIS J. MURPHY, Supervisor, JOSEPH L. TOWNSEND, JR. , Councilman, PAUL STOUTENBURGH, Councilman, JAMES A. SCHONDEBARE, Councilman, i RAYMOND W. EDWARDS , Justice , and JUDITH T . s TERRY, Southold Town Clerk, as members of ; s? the Town Board of the Town of Southold, for j a judgment pursuant to Article 78 of o the CPLR, ii Respondents . ii The petitioners , by their attorney, Guy W. Germano, 6j complaining of the respondents state as and for a verified '+ 4, I ; petition as follows : + PRELIMINARY STATEMENT �i i 1 . This is a special proceeding pursuant to Article 78 of the CPLR 57803, by which the petitioners seek a judgment ? declaring that the decision of the Southold Town Board deter- i mining that petitioners ' application to construct a catwalk ramp, floating dock, and to dredge in Wunneweta Pond for use as pleasure boat dock is a type I action pursuant to 1 v p) N 1 s1 11 ii Article 8 et sec- . of the N.Y.S . Environmental Conservation i — ii Law (hereinafter ECL) and declaring the -Southold Town Board iZ to be the lead agency pursuant to said ECL is void as outside li the jurisdiction of the Town Board, contrary to the laws of the State of New York, and arbitraryyand 'capricious . j 1 2. By this proceeding petitioners seek an order i enjoining the Town Board and/or the Clerk of the Town of �s Southold to issue a wetlands permit pursuant to Chapter 97 ; !s � 1 ;f of the Code of the Town of Southold. 1 i j� 3. Respondent Southold Town Board is the duly I� i4 constituted Town Board of the Town of Southold pursuant to the laws of the State of New York with its principle office �I I j at 53095 Main Road, Southold, New York, 11971 . i� 4. Respondents FRANCIS J. MURPHY, JOSEPH L. TOWN- SEND, JR. , PAUL STOUTENBURGH, JAMES A. SCHONDEBARE, and ?� t ;i RAYMOND W. EDWARDS, are the members of the Town Board of the f � �i Town of Southold with their principle offices at 53095 Main i Road, Southold, New York, 11971 . 1' i; 5. Respondent JUDITH T. TERRY is the Town Clerk 3 ?� for the Town of Southold with her principle office located ! at 53095 Main Road, Southold, New York, 11.971 . She is the i official charged with the duty to issue wetlands permits pursuant to Chapter 97 of the Southold Town Code. t ii 6. Petitioners DANIEL SILVERMAN and EDWARD N. ! i` CARTNICK are the named applicants for the permit at issue herein, the owners of real property located in the Town of Southold, and residents of the Town of Southold. 1 7 . This is an application by petitioners to ? construct a catwalk and ramp, The construction of a floating dock and dredging in Wunneweta Pond is also part of this f project . (A copy of the entire project is annexed as g Exhibit A.) li ?r 8. The floating dock is to be used by petitioners for the docking of a pleasure craft , and is no different i if from numerous docks and catwalks presently located on the i; same water system and hundreds of others located throughout r the Town of Southold. i ?� 9. In order to construct the proposed project, petitioners are required to secure permits from four separate r r Jurisdictions - the New York State Department of Environmental i Control (hereinafter NYS DEC) ; the Army Corps of Engineers ; the Southold Board of Trustees ; and the Southold Town Board. 1 i , 10. Petitioners first submitted their application to construct a catwalk, ramp, floating dock, and to dredge in Wunneweta Pond to NYS DEC in May of 1983 . i ,; i if �j ti ` 11 . NYS DEC duly conducted their environmental tj review of the proposed project pursuant to Article 8 of the ij N.Y.S . Conservation Law and determined that the project was an unlisted action, would not have a significant effect on i I� the environment, did not require an impact statement, and i i! designated NYS DEC as Lead Agency pursuant to Part 617 of the New York Code of Rules and Regulations . ,a 12. The Notice of Complete Application was duly i f published and a copy sent to Southold Town Supervisor } i# Francis Murphy® (Copy annexed as Exhibit B. ) Pursuant to the I requirements of Article 8 of the N.Y.S . Conservation Law and Part 617 of the NYCRR, all interested agencies and/or persons had until June 24, 1983, to comment or object to the € lE; determinations contained in said notice. � �j 13. Upon information and belief, no comments or !� objections were received and thereafter a permit was duly a f� issued for the construction of the proposed project by { NYS DEC on July 11 , 1983. (A copy of the permit is annexed as Exhibit C. ) Thereafter, as the result of an objection raised by one neighbor, NYS DEC suspended the permit which is the subject of a separate hearing not at issue here. i 14. The determination of lead agency and the issuance of the notice of no significant impact by NYS DEC terminates the environmental review of this project under i ;� I !3 if • ii �8 � Article 8 of the N.Y.S . Environmental Conservation Law and Part,--617 of the NYCRR and thereafter the Southold Town ` Board or any other agency or person is without jurisdiction under Article 8 of the N.Y.S. Conservation Law to declare Iitself lead agency, or require to filing of an envvir,onmgntal i impact statement. ! c - j r r; 15. Not only does the Southold Town Board lack ,r ! jurisdiction to require further environmental review of this }� project , but the action of the Town Board is precisely the ip type of bifurcated environmental review Article 8 of the Environmental Conservation Law was designed to prevent i"( 1 is because of the obvious bureaucratic hardships that would a zj otherwise be created for persons such as the petitioners . �n ! pJ l 16. The Southold Town Conservation Council recom- mended approval of this application at a regular meeting held r� on January 17 , 1984, (copy annexed as Exhibit D) and the i petitioners believe that the Arm sof P y Cor p Engineers permit will shortly be issued. }� f i a. 17 . Pursuant to the scheme of regulation of navi- gable waters , land under water and wetlands in effect in i, Southold, a separately elected Body, the Board of Trustees 3 C s of the Town of Southold (hereinafter Trustees) , has exclusive i ,i jurisdiction over all common land under water, including the I right to manage, convey, lease, or grant permits over said . i E i s I, lands for dredging and placing piles and docks . (See Chapter 615 of the Laws of 1893 as amended by Chapter 404 of the Laws of 1952 annexed as Exhibit E, and Chapter 32 Section 32-12 i of the Southold Town Code annexed as Exhibit F. ) !i i 18. Pursuant to Section 97 of the Code of the Town of Southold, the Respondent Town Board has jurisdiction over wetlands : ; 97-21A. All lands generally -covered or intermittently covered with tidal waters and upon which { i' salt meadow grass . . .and/or cord grass . . .grows or is capable of being grown. �1 except that nothing contained in Chapter 97 is deemed to affect any areas in the Town within the jurisdiction of the i Southold Board of Trustees (Section 97-1.2B of the Code of 1 the Town of Southold) . it 19. After -a- public hearing held on February 27, 1984, the Board of Trustees approved petitioners ' application which i included two floating docks , one ramp, four pilings , and 800 cubic yards of dredging, and issued petitioners a permit. (A copy of the permit is annexed as Exhibit G. ) i f , i 20. The dredging, pilings , and floating docks 4' approved by the Trustees are not located within a wetlands area as defined by Chapter 97 of the Town Code, and as shown on Exhibit A, and are therefore within the exclusive ,juris- �yy 't F ';> diction of the Board of Trustees . 1 ii 21 . , Finally, after all of the proceedings previously ' i ' mentioned herein, the Southold Town Board held a public hearing on March 27 , 1984, to consider so much of petitioners ' �S t application over which they had jurisdiction, i.e. , the construction of a catwalk and ramp three feet over the wetlands Ig 1' area to give access to the dock as shown on Exhibit A. c i 1 22. The testimony at the hearing clearly demon- strated that the construction and placement of said catwalk f and ramp three feet over the wetlands area would not cause P permanent injury to any wetlands grasses and would in fact !j permit said grass to grow under said walk and ramp. s ° 23. Petitioners ' contractor Thomas Samuels testified ; s! i H that any said grasses which were to be disturbed by said i construction would be replaced so that no significant injury to said wetlands area would occur. ,3 f :a 24. At a meeting held on April 10, 1984, the Town � a i; Board denied petitioners ' application without prejudice for the sole purpose of requiring an environmental impact state- E ment and declared themselves lead agency. This they cannot v is ;ii now do ten months after the environmental review proceedings pursuant to Article 8 of the Environmental Conservation s Law were completed by NYS DEC. i f 7 � 1 25. The Town Board lacks jurisdiction to require further environmental review and therefore their refusal to grant the petitioners ' application solely on the grounds of further environmental review is clearly arbitrary and capricious , especially whereas here its jurisdiction is limited to the catwalk and ramp, and where all other interested review agencies have favorably reviewed said project and the Board of Trustees has issued a permit for the dredging, docks , and pilings . 26. The petitioners have now spent almost,lone year ' to process their applications for this project so that they may dock a pleasure craft and enjoy the same rights as hun- dreds of other waterfrontproperty owners in the Town of Southold. No environmental objections have been raised by any reviewing agency, including the Town Board, and therefore the instant application should in all respects be granted. WHEREFORE, petitioners respectfully request that this Court determine that the decision of the Southold Town Board is outside the jurisdiction of said Board and is arbitrary and capricious , and further order the Town Clerk to issue said permit forthwith; and for such other and further relief as this Court may deem just and equitable. 1, Dated: Southold, New York June 1 , 1984 Yours , etc. GUY W. GERMANO Office & P.O. Address s; 474 Brooklyn Blvd. Brightwaters , New York 11718 (516) 666-7988 z k i S s 1 i 1 ,i i i f! i ii f� �i ij �i i I 1 I i i i I VERIFICATION State of New York County of Suffolk SS . : i I i I Daniel Silverman and Edward Cartnick, being individually duly sworn, depose and say: That deponent has read the foregoing petition and i' knows the contents thereof. The same is' true to deponent ' s ' own knowledge except as to matters stated to be alleged upon information and belief, and as to those matters i deponent believes to be true. The grounds of deponent ' s belief as to all maters not stated upon deponent ' s knowledge ;t are as follows : documents , testimony of experts , advice of counsel, and general information. I I I R I� Sworn to before me on June 1 , 1984. GUY W.GMNIANO Mctory public,State of Mew York No.52-4b10056 Qua►ifled in Suffolk Canty 7arwixpiret MAKh 30, 191V i I I i. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK, In the matter of DANIEL SILVERMAN and EDWARD N. CARTNICK, Petitioners , AFFIRMATION -v- INDEX NO. ` THE TOWN BOARD OF THE TOWN OF SOUTHOLD, +; et al, for a Judgment Pursuant to Article 78 of the CPLR, { Respondents , STATE OF NEW YORK I COUNTY OF SUFFOLK SS . : F ; 1ti J !' Guy W. Germano, an attorney duly admitted to practice ? before the Courts of the State of New York makes the following ? s g , ` affirmation under the penalties of perjury: a 1 . I make this affirmation in support of the within verified petition which seeks a judgment and order declaring the decision of the Southold Town Board denying petitioners ' application for a wetlands permit to be outside the juris- diction of said Board and to be arbitrary and capricious and enjoining said Board and/or the Town Clerk to issue said permit . 1 i 1 2. This Court,-.has jurisdiction over this petition pursuant to Article 78 Section 7803 and CPLR Section 217 , as i' a proceeding against a body or officer commenced within four months after the determination becomes final and binding Upon petitioner. 3. As, is fully set forth in the petition, the Town ? { { Board lacks jurisdiction under Article 8 of the Environmental ! Conservation Law and Part 617 of the New York Code of Rules z and Regulations to require further .environmental review of petitioners ' application to construct a catwalk, ramp, pilings , E and a floating dock where said revi-ew proceeding was previously completed by the New York State Department of Environmental ? Conservation ten months prior to the Town Board' s action. „ 4. On the merits of petitioners ' application, the i' ' Town Board raised no objection and petitioners have amply demonstrated -by securing the approval of the Board of Trustees of the Town of Southold, the New York State Department of t Environmental Control, and the Southold Conservation Advisory i j Counsel that said project meets all environmental require- ; i ments and should -)proceed. 5. Moreover, this application was previously before the Town Board last year, and upon information and belief - said Board did not question the environmental review of the ; i e i i project by NYS DEC nor raise any questions with regard to any possible injury to the environment. The Board merely requested that the project be reduced in size. This the applicants did by reducing the size of the proposed dock by one-third and no further objection to the size of the project was raised by the Board at the instant hearing. %4 i i$ 6 . Finally, the Town Board' s administrative review of this project is limited by Section 97 of the Southold j Town Code as fully set forth in the petition, to an insignifi- cant catwalk and ramp which petitioners " experts testified would cause no injury to the wetlands area, and indeed the i; Town Board did not take exception to said testimony. 7 . Petitioners bring this proceeding by Order to ? Show Cause because they have been duly seeking approval of this application for almost one year and unless they receive i a speedy determination from this Court, they will be denied the beneficial use of their property. for another season. i 8. The relief requested herein has not been pre- viously requested from this or any other Court. Wherefore your affirmant respectfully requests that this Court grant the relief requested in the instant petition. i I Guy W. Germano I ' I 41 Locos N/ 0 00„ c. �. A Eqs i � L o I}IK/O CATiJALIG o T ,q"x19'RAMP a-Z6 • _ � _ _' �� PE�.,vic X11 �. s� �� cq •�'� i s K. 6A r 3 I y IYAPo7Y SCALE/"-aaoo r A 2 e � � �V/s•' I1► 4 � C •� Ali' / • Q p - o RA/`IP FLOATS CATuAf KBO-.1F Go-r.C�ARi6J) 1 PR*17 Bo-: 3'-4" I •1tvI g 40 X/G'P/L/NGS o Jo 4fo I� ` I \ X-SEtT. 7'HRu PRa Po st p Doc,rc �/`/ASN?. I 1 I I iI P)Fo Po SE o Dock �`/'7fjiiv-r c nrq nrC E I DRE o (glwc- �;•- �/,ZLcs c 7' Aq rs q u P-r. So u-r//o 4.0/ Su FFa(.l< IJATu M:/'1 L L,J �o.� N. Y- o•� W UN�JE(„�E TA PON D Pu/RPost. R JQESTo .E X/f v/6,¢'770/x( FOR- PR/vATE A3o.4-r )Lf e, b� EN- C0NS0Z.7A yIrS/ -TiY< . A 0JACENT OWHERS: SN�ET /of 11)�28183 A. EOUARO CI q-r1V,<Ac-. RErr 3�/�8`f �. FR/4NK TE<MET C N/1CL IJR�CE i ' 2-4(3182) t` ORK STATE DEPARTMENT OF ENVIRONMENTAL CONS[ ION NOTICE OF COMPLETE APPLICATION Applicant: Daniel Silverman Date: May 23, 1983 Address: 30 Stoner Avenue Great Neck, NY Permits applied for and application number(s) 10-83-0426; Tidal Wetlands, Protection of Waters Project description and location.Town/Ekyof Sn„t-lbol d County of Suffolk Dredge 1,000 cubic yards of material from the northern end of Wunneweta Pond, adjacent to Wunneweta Road and construct a 4' x 40' catwalk with a 4' x 12' ramp and three 6' x 16' floating docks. All dredge spoil to be trucked to an approved upland site. Project site is at Nassau Point west of Wunneweta Road, Southold. SEQR DETERMINATION: (check appropriate box) ❑ SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or a Type II action. ❑ SEQR-2 Project is a Type I action; it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has been prepared and is on file. 43 SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. ❑ SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. ❑ SEQR-5 A final environmental impact statement has been prepared on this project and is on file SEQR LEAD AGENCY NYSDEC AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below by no later than June 24, 1983 CONTACT PERSON: Daniel J. Larkin NYS Dept. of Env. Conservation, Bldg. 40, SUNY, Stony Brook, NY 11794 516-751-1389 TO THE APPLICANT: 1 . THIS IS NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced.Additional information may be requested from you at a future date, if deemed necessary, In order to reach a decision on your application. 3. Your project Is classified MAJOR.Accordingly,a decision will be made within 90 days of the date of this Nonce If a public hearing is necessary,you will be notified within 60 days and the hearing will commence within 90 days of the date of this notice. If a hearing is held,the final decision will be made within 60 days after the hearing is completed. 4 Publication of this Notice in a newspaper is. ® required ❑ not required If required, please consult the accompanying transmittal letter for further Instructions CC:Chief Executive Officer Southold Supervisor U.S. Fish & Wildlife Service Environmental,Notice Bulletin, Room 509, 50 Wolf Road,Albany, N.Y. 12233-0001 File File APPLICANT EXIIIBI LBt ._ NEW YUKK SIAIL ULPAKIMLNI OF ENV IKUNMLNIAL LUNSLKVAIIUN 10-83-0426 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ❑� ARTICLE 15, (Protection of Water) n ARTICLE 25, (Tidal Wetlands) - ❑ ARTICLE 24, (Freshwater Wetlands) fLLL�JJJ ARTICLE 36, (Construction in Flood Hazard Areas) I PERMIT ISSUED TO Daniel Silverman ADDRESS OF PERMITTEE 30 Stoner Avenue, Great Neck, NY 11021 - LOCATION OF PROJECT(Section of stream, tida,l wetland, dam, building) Wunneweta Road, Nassau Point DESCRIPTION OF PROJECT Construct a 40' long x 4' wide CCA catwalk 3' above grade, a 12' x 4' hinged ramp and I 3 16'x6' floats secured to 4 pilings. Dredge the tidal pond to 312' below mean low water COMMUNITY NAME(City,Town, Village) TOWN Cutchogue Southold COUNTY FIA COMMUNITY NO. ___JDAM NO. PERMIT EXPIRATION DATE Suffolk I I September 30, 1984 GENERAL CONDITIONS 1. ThP 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 "ermit 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 ,lours 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 signal's 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 -epted expressly, by the execution of the application, the full legal respon- by and at the expense of the owner. ,ibility 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- -ver 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 .aed 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 ause 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 S. Any material to be deposited or dumped under this permit, either in time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the e waterway a ri shore above high-water mark, shall be deposited or dumped site o its former condition. re claim shall be made against the State of New .it 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, .vork 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. ,n 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 if 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 Part 500 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. By acceptance of this permit the permittee agrees that the permit as the Department of Environmental Conservation may require, remove all or is contingent upon strict compliance with the special conditions on the my portion of the uncompleted structure or fill and restore to its former reverse side. ondition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or ilteration. 95-20-4(9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS l16. Applicant must obtain permission from adjoining landowners prior to commencement of dredging. 17. Applicant and applicant's contractor must take every precaution to protect and insure the integrity of the bulkhead; the road, and the fresh water supply. 18. All dredge spoil will be removed to an approved upland site. 19. All work will be in accordance with submitted plans except dredging depth. I j See additional conditions A-J, K, M I I i i i i i I I I i - PERMIT ISSUE DATE PERMIT ADMINISTRATOR ,� ADDRESS July 11, 1983 Daniel J. Larkin cc" USACE " SOUTHOLD• TOWN ,`. CONSERVATION ADVISORY COUNCIL 4� Southold, N. Y. January 17, 1984 Mrs. Judith Terry 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, January 17, 1984 . RESOLVED to recommend to the Southold Town Board approval of the wetland application #174 submitted by Russell B. Case to remove fragmites and plant grass seed on portion of practice fairway. Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #175 submitted by Enconc„lt-arl 5 , lZ ". on ,hphalf of Daniel Silverman and E. Cartnick_ to construct dock, elevated catwalk, ramp and two floats. Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #176 submitted by the Land Use Company on behalf of North Fork Property Development to install bulkhead plus two returns and floa tirfg dock. Deep Hole Creek, Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland application #177 submitted by The Land Use Company, on behalf of North Fork Property Development to construct a timber bulkhead and two returns plus a ramp leading to a float dock. Deep Hole Creek, Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland application #178 submitted by Pirates Cove Marine, Inc. to remove marine railway and construct bulkhead. West Harbor, Fishers Island. RESOLVED to recommend to the Southold Town Board approval of the wetland application #179 submitted by Enconsultants, Inc. , on behalf of Lewis Edson to construdt a timber dock, catwalk, ramp and float. Clearview Avenue, Southold. i 15 OF THE LAWS OF 1899 CHAPTER 6 the town of Southold and empower AN ACT to create the board of Trustees of said board to manage and dispose of the common lands and lands under water ' t'. fi, belonging to said town. 404 of the Laws of 19521 s amended by Chapter ''''y ,,. AE `" 5, 1899. Passed, Three-fifths being r:,;Yti• �� pYROVED by the Governor May pre3ent. "'r,• ew York, represe�,ted in Senate and "I •rhe eople bf the State of N c, Asserably, do enact as folio t,ry`: " • of Southold are hereby authorized 4 ` Yri'• Section 1 a The electors of the town �." _ - - and empowered to elect.by ballot from their number, at the biennia town {y election next to be thereaiter, in the same' :teld in'said town, and biennially_ , r " manner as other town officers are elected, five freeholders as trustees who i 1 trustees of the town of Southold, ;They shall ' ' ._''�• '- shall.be:known as the board of tr I I shall within ten days after their hold office for the term of two years. They number, by a majority qualificatign, meet and choose from their election and S-ch board of trustees, ora y ' ' vote, a president and clerk of said board. „ ,r majority Of them, are hereby authorized and empowered to manage, lease, co�ivey or otherwise dispose of all or any part of all such common lands, . waters and lands under'water, or rights or other interests therein, subject, as to lands under water, to the public right of navigation and to the riparian • rights of adjoining upland owners, as the town of Southold acquired and r►ovtr holds by virtue of any colonial patent or charter; and for this purpose said rermits, agreements or board may execute all such 'conveyances, leases, p '- other writings, necessary or proper in carrying i:►to effect the provisions ` ith sucn colas and of this act; suh,ect, however, to and in accordance w E,F=r° EXSIBTTk�E - •�I r'/•F• ' �'�•°�.''-••-:�`•�� - regulations, if any, concerning the management and disposition of said , ;•,,'• ,04' property,and rights; as the legal voters of said town may have theretofore adopt-d car impoi.ed; and the electors .of said town are hereby empowered to adopt from time to:time such rules and regulations, by a majority vote, at JI any, town meeting. .int a•/. =� :n.;•A '+ §2. The clerk of said board of trustees shall keep a record of its 4•, proceedings ,in a book to be provided by said town for the purpose, and the {•;i ,:` ' same shall form a part of the records of said town. All conveyances, leases, "%, °•' ' permits, agreements and other writings, provided for by the first section of this act, shall be executed in du-plicate. in the name and in behalf of the town' •;:w '° °''•" ''�•' 'of.Southold, ,attested by its corporate seal. and shall be signed by a majority of said board, after having been authorized by resolution in writing adopted by a majority of said board, ata meeting held pursuant to notice duly given to all " the members thereof, and one of said duplicates shall be filed by the clerk of . said board in the town clerk's office and recorded by the town clerk in a book .'separate From,all other records. $3. ,. The membere,of sai.-I board of trustees shall be deemed to be town / officers and as such subject to the requirements of all laws controlling town officers where referred to collectively in such laws and especially in taking and :iling the hath of office, refusal ',o serve, filling of vacancies, the dis- ,iticn of moneys and securities which may come to their hands in their official capacity, filing statements of their receipts and disbursements and - ' the delivury of all books and papers to their suc-essors in office. Said board cf rtistee3 are hereby authorized to receive any and all rents and receipts ,4 ,' • tie alc:,3 or other disposition of the property .::mmitted to Liieic .:ilar;a, a;i:1 i+ :,:tall be the duty of said board to pay over to the supervisor of said ' town, a! the first meeting in each year of the town board, all moneys which ' 1 3 ;'l-1u SUUTHOLD CODF. § 3210 § 32-10 BOATS, DOCKS AND WHARVES - § 32-13 § 32-37. Internal-combustion engines; mufflers. lands under or adjacent to town waters in the Town of Southhold, § 32.38. -Aquatic events. nor shall any person remove any sand, gravel or other materials from lands under town waters in the Town of Southold, without § 32-39. Mooring and anchoring. first obtaining a permit therefor from the Board of Trustees of the § 32.39.1. Anchoring in Mattituck Creek. Town of Southold.' _ `R,7, § 32-39.2. Anchoring and mooring in West Harbor. W, § 32-11. Restricted areas at end of town highways. ARTICLE IV No person shall moor, anchor or place any boat on any public Administration and Enforcement lands at the end of any town highway in the Town of Southold in an area established by the Board of Trustees of the Town of 2-40. Enforcing officer. Southold as a restricted area. § 32-41. Notice of violation. § 32-42. Hearing. ' s., § 32-12. Issuance of permits by Board of Trustees. § 32-43. Penalties for offenses. The Board of Trustees of the Town of-Southold is hereby authorized and empowered: [HISTORY: Adopted by the Town Board of the Town of A. To issue revocable permits for the placing of piles, stakes, Southold: Article I, 5-18-59; Article II, 6-28-35; Article III, 10-4- buoys, docks or other objects in or on any town waters or 60; Article IV, 6-23-81-as Local Law No. 3-1981. Sections 32-13, public lands under or adjacent to town waters, and for the 32-22 and 32-39 amended during codification; see Ch. 1, General removal of sand, gravel, or other materials from lands Provisions, Article II. Other amendments noted where ap- under town waters,provided that the same do not obstruct plicable.] or interfere with navigation or the public use of said waters or lands. GENERAL REFERENCES o^-'-ing at beaches—See Ch. 85. B. To establish and designate restricted areas at the ends of fish —See Ch. 77. town highways in the Town of Southold wherein the Inds—See Ch. 97. mooring, anchoring or placing of boats shall be prohiNted. ARTICLE I C. To establish uniform fees for the issuance of permits 1 Obstruction and Use of Town Waters' required by this Article. , [Adopted 5-18-591 § 32-10. Permit required. § 32-13. (Reserved)' No person shall place any piles, stakes, buoys, piers, docks, bulkheads or other objects in or on any town waters or public Editor's Note: For provisions on soil removal generally,see Ch.81,Boll Removal. Editor's'Note: Former§ 32.13,Penalties for offenses,amended 7-31.73 by L.L.No. Editor's Note: See also Ch. 97, Wetlands. 1.1973, was repealed 8.23.81 by L.L. No. 3.1981. - 3202 8.25.83 3203 9-25-81 .LL MOORINGS ANa .TAKES MUST' _DISYLAX V 1b1tS'Lr, L"u'L'�•� ••�••�•-• ALL DOCKS AND BUL---- ADS MUST DISPLAY VISIBLE DvtZMIT NUMBERS Will iiiij L9 N nr --illy 14 fttl, / ..i • — -'- _.._—_. �'i i,9+•_� i•.y'.iTi i'e�'.=.'i .�"rr r•"�-:i.7:•'��i T,�C�•�. •y +3 .._'V�.i,. Board Of Southold Town Trustees 9,� r SOUTHOLD, NEW YORK i, J Mooring # N/AWAA .� DATE March 15 ,19 8 ;,.; 1 PERMIT NO. .. ..1.8 0.�............. . ........ . -.- . ...... . t - ISSUED TO Mr. Daniel Silverman/Dr. E. Cartnick �+ ........... . ................................................... �.;~ a;s"'`' Pursuant to the provisions of Chapter 615 of the Laws of r:'� ��;��.-. •, the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance �t � + titled "REGULATING AND THE PLACING OF OBSTRUCTIONS` IN AND ON .TOWN WATERS AND PUBLIC LANDS and the I, REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM ' LANDS UNDER TOWN WATERS;" and in accordance with the • p�;�a `� .. � d." . tom" - ,r. •. � ,-. Resolution of The Board adopted at a meeting held on .Feb-,..2.7., _ �- - , �.y 198......, and in consideration of the sum of $.1680.00 paid by �`' _N - of ..................... .. ........ N. Y. and subject to the � •'^ Terms and Conditions listed on the reverse side hereof, AR. id;. ; of Southold Town Trustees authorizes and permits the following: - Rb Application approved to construct a timber dock 5, y consisting of catwalk(3 above grade) hinged ramp 4�, - %A :{ and two floats secured,.by 4 piles and to dredge -= a� ,per aRplicat•ons ub ' ttecl , in Wunneweta pnd. }, y m accordance wtt� the detade� speatcations as presentedPin \RTt tt" � t{{,, or' inatin a lication . ' ++Wlr-n e p�o�''si.on khat the dock is moved over oOft.t, �:• t ' � f they sse shall b no to the e WII ESS�INF�WO? The saiMardlof Trustees sere- lar r th 3 2 f JY causes its Corporate Seal to be affixed, and these resent t V e subscribed by a majority of t id Board of is da � �"�� '•' tet/' a � " --� \ ..::7z. Citi Trustees I _ ,`�L`e. .4...� �.. .'dam• ..'.r .Z.. U;Onv S��.:• "_d�.s �vs`b. '+� •:.d�.°.--� 5..��+�o��^'.�C�.-w�.`!��.,.: .'. , �, \•;aa�._� \rtl it ? �as=q' MAY - 9 la r1l HAAM80,10. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734-5858 File May 8, 1984 Office of the Supervisor Town of Southold Main Road Southold, New York 11971 Re: Daniel Silverman application for dredging at Nassau Point, Cutchogue Dear Frank, Thdnks for your reply to my letter regarding the referenced letter dated 4/26/84. I trust you will take this letter as intended, i.e. , with the greatest respect for you and your position, which is surely difficult* You did not .understand my complaint: =1. Mr-. Stoutenburgh had eight months to make the sug- gestion for -which you praise him. He failed to do so. He failed to require additional input from the applicant. 2. The questions raised by the Town' s Planners were answered many times in that eight month period. The Planners are unaware of the applicant' s answers, for I cannot believe they completely disregarded them. 3. The decision 'unanimously, agreed upon by the Town Board indicates only my greatest fear of the advocacy of Mr. Stoutenburgh. Namely, that his presence on the Town Board would, in fact, intimidate his peers given his interest in the environmental area as an activist for many years. 4. The other regulatory agencies denial (error in the Suffolk Times ) and suspension of the DEC permit is consistent with those agencies ' reluctance to overrule what Mr. Techet was successful in doing, creating the appearance of local opposition. There has, in fact, been no local opposition. The agencies do indeed respect home rule. (con' t. ) 4 ' r JAMES H.BAMBO,INC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283-1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734.5858 May 8, 1984 (coni. ) Page 2 5 . However, none of the above really matter. What has, in fact, occurred cannot be considered fair and just treatment of a citizen of our Town. This is what bothers me., Mr. Stoutenburgh' s very ample opportunity to require an EIS much earlier on and then, at a late date to re- quest one, should be totally unsupportable and the balance of the 'unanimous ' voters share equally this onus. They concurred, for whatever reasons, in an unfair decision. In doing so, you repudiated the judgment of the Town' s Trustees. In- summary and conclusion, the present rancor, dissension, and self-serving nature of the Town Board is seriously polar- .: izing the Town. There will be no winner in the present situation. This case is, in my mind, a clear indication of the chaos currently prevailing. Sincerely, Thomas E. Samuels F`. PRAY - 9 ;"`)'&J - - • . �-..T..._. •--� � JAMES N.RAMBO,INC. BISHOPS LANE SOUTHAMPTON, N. Y 11968 PHONE. (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N Y. 11935 PHONE: (516) 734-5858 May 8, 1984 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision Narrow River Road, Orient, NY Gentlemen: Allow me to thank you for your courteous attention to the referenced application of last evening. Having dealt with properties of this nature for many years (not, I might add, as principal ) , I am only too aware of their problems. That such problems become minor given their value is a 'fact of which you are aware. I would like to state the -following: 1. The potential water use on the property is -less- than 10% of the potential use, if farmed. 2. The elimination of contaminants coincidental with farming is an asset to the Orient water table, (i.e. , aquifer) . 3. The distance from the MHW mark of the sanitary systems will result in total safety to Hallock' s Creek (Bay) from bacterial and chemical contaminants. 4. The water quality on-site is equal to Orient ' s water quality, i.e. , Temik and higher than average saline levels (but still acceptable to Suffolk County standards which, I might add, are equal or exceed Federal standards) . 5 . The subdivision meets Town Zoning requirements. 6. Substantial man-made structures between the wetlands and upland (building areas ) predating the adoption of the N. Y. S. D. E . C. regulations should and will eliminate the jurisdiction of that agency as to the buildings. The structures will , however, conform to such regulations. (con' t. ) JAMES KRAMBOAC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283-1254 WUNNEWETA ROAD CUTCHOGUE, N. Y 11935 PHONE: (516) 734-5858 May 8, 1984 Page 2 (con't. All of the above were considered prior to my purchase of the property since all structures will conform to Federal Flood Hazard requirements, I find the statement that the Board should protect the public particularly objectionable and condescending. The implication must be taken, that my intent would be to defraud or misrepresent the property to a prospective buyer. The Board must be aware of its connotation. The-prospective purchase of part of the property is, I believe, meant to placate a small group of our Town ' s people. I am philosophically opposed to purchase of small parcels which are not environmentally fragile. The cost of such pur- chases are excessive, generally, given the size of the parcel . I would rather, as a citizen of Southold, see the purchase of truly fragile land in Orient (Pete' s Neck, Gide Island, or West Creek in New.-Suffolk) . However, I remain open to the 'Town's approach in this proposed purchase. The fact that the Town recently purchased the Demarest Boat Ramp in the area also might affect such , a purchase. I do not believe that we can realistically expect this to occur. Therefore, I expect that the Planning Board will continue its deliberations on the subdivision of the property and not delay its deliberations overlong. This is a legal subdivision and I trust I will be fairly and justly treated. To quote Chief Justice Oliver Wendell Holmes : "We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change" . Most sincerely, 6 Aoma2si—E..1�Samuels cc: Frank Murphy, Supervisor JAMESN.RAMBO,INC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 ' F�SEO PHONE: (516) 734-5858 � a J '1984 "VR aawk Southold Apr i 1 18, 1984 Office of the Town Clerk Southold Town Hall Main Road Southold; New York 11971 Attn: Judith T. Terry Re: Daniel Silverman and E. Cartnick Dear Ms. Terry, I am deeply disturbed by the action taken by the Town Board at the behest of Councilman Stoutenburgh requiring an E. I. S. on the referenced project. The project does not fit the criteria of a Type 1 Action as evidenced by the N. Y. S. D. E. C. to grant a permit. Mr. Stoutenburgh had this matter before him as Chairman of the Town Trustees for a least seven months. At no time did he mention the need for an E. I. S. The Trustees could have, prior to voting and approving the application, requested of the Town Board an E. I. S. and chose not to do so. The Town Board has, therefore, usurped the Trustees' decision. Does Mr. Stoutenburgh have -no faith in the body he chaired so ably for years? Why the change in attitude? Has anyone brought new evidence of serious impact on the environ- ment to his attention? The continued inroads in the rights of the Town's citizens is without cause. There has been little or no loss of the Town' s wetlands since 1977. The action of the Town Board in this matter borders on harassment of a property owner. (con't. ) JAMES KRAMBOAC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE; (516) 283-1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE; (516) 734-5858 April 18, 1984 Page 2 � I am ever mindful of the words of Justice Oliver Wendell Holmes, "We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the consti- tutional way of paying for the change. " I find the further extensive and expensive delay involved in an E. I. S. on this minor project a travesty of the S. E. Q. R. A. process. Sincerely, homas E. Samuels cc: Mr. Daniel Silverman 30 Stoner Avenue Great Neck, New York 11021 Mr. William Smith Main Road Cutchogue, New York 11935 Southold Town Councilmen: Hon. Raymond W. Edwards Mr. Joseph Townsend James Schondebare, Esq. Mr. Paul Stoutenburgh Mr. Frank Murphy, Supervisor Town hall, 53095 Main Roa(1 P.O. Box 728 SOUtllol(I, New York 11971 I111)I III I H RRY TELE HON1: k m\( I I it (516)765-1801 RI(1Iti1RAR OI VIII )[ \II"II(s OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: July 20, 1983 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project , which is unlisted will not have a significant effect on the environment . DESCRIPTION OF ACTION Application of Enconsultants , Inc. on behalf of Daniel Silverman for a Wetland Permit to construct dock , catwalk, ramp , three floats , and dredge at Wunneweta Pond, on Wunneweta Road, Nassau Point , Cutchogue , New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment . Because there has been no response in the allotted time from the New York State Department -of Environmental Conservation and the Southold Town Building Department , it is assumed that there are no objections nor comments from those agencies . Further information can be obtained by contacting Mrs . Judith- T. Terry , Southold Town Clerk, Southold Town Hall , Main Road, Southold , New York 11971. Copies to : David DeRidder, DEC, Stony Brook Commissioner Williams DEC, Albany Southold Town Building Department Southold Town Trustees Southold Town Conservation Advisory Council Town Clerk' s Bulletin Board Enconsultants, Inc. , on behalf of Daniel Silverman % Ur ..�ti'�C'wAt,715 � •^s+se Town Hall, 53095 Main Road P.O. Box 728 e 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 April '13, 1984 Mr. Roy Haje, President Enconsultants, Inc. 64 North Main Street Southampton, New York 11968 Dear Roy: The Southold Town Board at their regular meeting held on April 10, 1984 adopted a resolution denying Wetland Application No. 175 submitted by you on behalf of Daniel Silverman and E. Cartnick. This denial was without prejudice to any future application. The Board also adopted a resolution, copy of which is enclosed, declaring this 'a Type I action and requesting a Draft Environmental Impact Statement. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure d cGe�v Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OI'VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 10, 1984: WHEREAS, Enconsultants, Inc. , on behalf of Daniel Silverman and E. Cartnick has heretofore applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, for permission to construct dock, catwalk, ramp, two floats, and dredge at Wunneweta Pond, on Wunneweta Road, Nassau Point, Cutchogue, New York, NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State 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. 3. That the Town Clerk immediately notify the applicant, Enconsultants, Inc„ on behalf of Daniel Silverman and E. Cartnick, of this determination, and further request said' applicant to prepare a Draft Environmental Impact Statement, all in accordance with said law, rules and code. l/ Judith T. Terry Southold Town Clerk r� Town Hall, 53095 Main Road �® P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TO\vN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated April 10, 1984 Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action described below is a Type action and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION Application of Enconsultants, Inc. , on behalf of Daniel Silverman and E. Cartnick for a Wetland Permit to construct a catwalk, ramp, floats and to dredge in Wunneweta Pond, at Wunneweta Road, Nassau Point, Cutchogue, New York. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Trustees Southold Town Conservation_ Advisory Council Southold Town Building Department Town Clerk's Bulletin Board Enconsultants, Inc. , for D. Silverman 8 E. Cartnick SZEPATOWSKI ASSOCIATES INC RECEIVE® APR 101084 Town Clerk Sout'hoid- April 9 , 1984 Mr. Frank Murphy, Supervisor Southold Town Board Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Murphy, Szepatowski Associates is pleased to present our comments on the proposed dredging and dock construction project at Wunneweta Pond (Wetland Application #175 submitted on behalf of David Silverman) . As requested by the Town Board, we visited the site on April 4 , 1984 and reviewed all written materials in the file at the Town Clerk' s Office. We have evaluated the project from three perspectives: areawide planning, engineering procedures, and ecological impacts. Based on our observations from these three perspectives, we conclude that the project, as proposed, will significantly alter the exist- ing wetlands area and may also negatively effect the larger pond area outside the specific project site. We strongly recommend that the Town Board deny the request for a permit and that the Board of Trustees reconsider their decision to approve the project, as proposed. Enclosed is a memorandum outlining the specific observations from which we based this conclusion and recommendation. Our observa- tions are presented in two major categories: 1) Environmental Impacts, and 2) Areawide Planning Considerations. We conclude 39 Narragansett Ave ,Jamestown,RI 02835 401/423-0430 Murphy p. 2 that there are enough concerns in both of these areas for the Town Board and the Board of Trustees to consider denying the permit request. The Town Board, however, might consider proposing a project modification to lessen the degree of environmental impact. In the conclusion of the enclosed memorandum, we have included a recommendation for a smaller project. We feel this recommenda- tion provides a means of meeting the recreational desires of the applicant while still preserving the ecology of the area. We hope that these comments are of value to the Town Board in making a decision on the project. If there are any questions regarding the enclosed material, please feel free to contact us. Sincerely, SZEPATOWSKI ASSOCIATES, INC. P Petruny Environmental Scientist PP/kb Enclosure SZEPATOWSKI ASSOCIATES INC MEMORANDUM DATE: April 9 , 1984: PREPARED FOR: Southold Town Board, Southold, New York , PREPARED BY: David Emilita, Senior Planner, Margaret Petruny, Environmental Scientist, and James Bryer, Environ- mental Specialist of .Szepatowski Associates, Inc. , Jamestown, Rhode Island. RE: Proposed dredging and dock construction project at Wunneweta Pond (Wetland Application #175 submitted on behalf of David Silverman) . ENVIRONMENTAL IMPACTS Based on an environmental review of the proposed project, Szepatow- ski Associates, Inc. (SAI) concludes that it will significantly alter the environment in the wetland area where the boat is to be docked. It will also likely effect the ecological balance in other parts of Wunneweta Pond. The overall impact will be a negative one. This conclusion is drawn from the following observations; 1 . Narrow Width of The Inlet Into The Pond: According to the scale given on the applicant' s site drawing and observations made in the field, the width of the channel into the wetlands area is between 20 and 25 feet. The plan does not show a vertical water profile in the inlet. Dredging in this area to accommodate a boat of 32 feet is likely to have a serious impact. There is little buffer zone between the existing bulkheads on Mr. Techet' s property and the proposed dredging area. Deepening the channel in this section will increase water volume in the inlet and in the pond, but it will also increase the flow rate, i.e. currents. o Stronger currents, combined with the vibration and bottom churn- ing of a 32 foot boat passing through the inlet, will undermine the existing bulkheads, as well as increase the rate of erosion on the opposite shoreline. There is no large boat movement through the existing channel, thus the bottom of the lagoon has settled and compacted into its present contour. The presence of silt in this inlet is indicative of the fact that it is a narrow passageway, restricting water flow. Sub- sequently, silt and particles drop out of the water column, depositing on the bottom. Although dredging will deepen the channel , it will still- be a restricted channel width wise. As a result, maintenance dredging would be required=and the nega- tive effects connected with dredging, would occur more than once. SZEPATOWSKI ASSOCIATES INC L' VI -2- 2. Negative Zffects of Dredging: Dredging in such a small , re- stricted area will have a significant impact. Machinery along the shoreline will destroy existing vegetation and increase shoreline erosion. Dredging in the -inlet and wetlands area will destroy benthic communities which typically reside in the upper 2- to 3 foot layer of sediment. Benthic communities out- side of the immediate dredging area are also likely to be destroyed. Dredging will increase turbidity in the water column, choking bottom dwelling filter-feeddrs,--such as shell- fish. Recovery from initial dredging would be negated with repeated maintenance dredging. It is quite possible that damage from the dredging will extend outside the inlet, into Wunneweta Pond proper. The extent of damage resulting from the dredging will depend, to some degree, on the time of year_ it is conducted. For example, damage would be maximized by spring or summer dredging. During this time of year,, .shellfish move from beneath the soil strata to the surface to increase food intake and reproduce. Juvenile fish emerge and move into nursery areas to feed -and grow. There is also a serious question as to whether or not the pro- posed dredging will jeopardize the fresh water resources on adjacent property. It is unlikely that it will effect these resources. However, Szepatowski Associates maintains that in the absence of a physical engineering study quantifying water gradients on site, the damage posed to fresh water resources is, at best, difficult to assess. 3. Negative Effects of Changing Water Volume in Wetlands Area: Both proponents and opponents- of-.-the -proposed projdct •seem to agree that the project will significantly alter the existing wetlands area. What they fail to agree on is whether the change will be detrimental or beneficial. From an ecological perspec- tive, the change will be detrimental . The area where the proposed project is to take place is a wetlands area. By definition, a wetlands is a transition zone between land and water ("wet" referring to water, "land" referring to dry land) . Water volume in such areas is subject to change, depending on the time of year. The species of plants and animals living in these areas are adapted to these changes. The argument has been made that the area will be more "produc- tive" with an increase in water volume. Actually, it will become less productive, and it is likely that productivity in Wunneweta Pond as a whole will be affected. Productivity should not be measured solely in terms of shellfish for human consumption, or fish size. Wetlands typically are not SZEPATOWSKI ASSOCIATES INC -3- sites for direct human cultivation. But, by providing a habitat for species lower in the food chain (e.g. snails, worms, crabs, horse mussels, etc. ) , they are indirectly responsible for sup- porting more harvestable resources. The shallow, sluggish', warm water conditions existing in the area provide an ideal nursery ground for small fish. Biological oxygen demand (consumption of oxygen by decaying plant and animal matter) is likely to be high in the wetlands area and it is important that it is high. Wetlands act as nutrient entrapments for such substances as nitrogen bearing compounds, (the kind of substances that are likely washing into the area as a result of the feritlization of adjacent lawns and from other surface runoff) . These nutrients are used by rapidly growing, tidal plants adapted to short growing seasons. When these plants decompose, nutrients are released into the water slowly, over time,from a concentrated area. Having a high biological oxygen demand in the wetlands area prevents nutrients from being washed. out into the rest of the pond and into the bay too quickly. An onslaught of nutrients triggers algae blooms resulting in fish kills. The concept of biological oxygen demand,,. as previously discussed by proponents of the project, was taken out of context and misapplied to -the Wunneweta Pond environment as a whole. Increased water volume will drastically change the environment. Plants adapted to low water periods will vanish. Water temp- erature will decrease, effecting existing biological communities and reducing the amount of suitable environment available for juvenile fish. In short, the area under question is more "pro- ductive" and more environmentally valuable, especially in terms of Wunneweta Pond as a whole, in its present state. 4 . Inadequacy of the "Short Environmental Assessment Form" : The "Short Environmental Assessment Form" , submitted as part of the permit application, is inadequate. All of the questions on the form were answered "no" . It is SAI ' s belief that at least some of these questions should have been answered "yes" . Examples: Question 3 - Will project alter or have a large effect on existing body of water? Question 4 - Will project have a potentially large impact on groundwater quality? Question 15 - Is there public controversy concerning the project? The deci- sion to grant the permit should be based on a proper environmen- tal assessment of the proposed project. 5. Chapter 97 Wetlands - Code of the Town of 'Southold: Szepatowski Associates reviewed the permit application with respect to the Town of Southold' s Wetland Code, and found the application to SZEPATOWSKI ASSOCIATES INC -4- be deficient with reference to the following sections: Section 97-21D. Such description is not provided, in particular that of the deposition area. Section 97-21E. The angle of repose of the removal , and the depth and angle of repose, if applicable, of the deposition. Section 97-21F. The precise manner in which spoil will be removed, proposed routes of travel and manner of deposition. Section 97-21G. Missing entirely. Section 97-21H. Said statement is not provided. Section 97-21I. Complete statements are not provided. The status of the DEC permit has not been verified. Section 97-21J. The same comment as 21I applies. SZEPATOWSKI ASSOCIATES INC ' -5- AREAWIDE PLANNING CONSIDERATIONS Based on a review of the project from an areawide planning per- spective, Szepatowski Associates concludes that the project', as proposed, .is not in the best interests. of the community as a-whole. This conclusion is drawn from the following observations: 1 . Opposition From Adjacent Landowners: There is opposition to the project from adjacent landowners, particularly from_,Mr - Frank Techet. The Town Board should ensure that this opposition As recognized and that the concerns of neighboring landowners are thoroughly addressed. 2. Equal Rights For All Waterfront Owners: The wetlands pond area does not appear to be of sufficient size to moor and maneuver a 32 foot boat without infringing upon the right's of all abuttors to have an equal chance to use the area. 3. Disposal of Dredge Spoils: The applicant fails to properly address the problem of what to do with the dredge spoil. The applicant, as well as the reviewers of -the project, need to consider the following: - Calculations showing the volume of material to be removed; - Where the spoil is to be taken to. If it is to go to the Town landfill, has permission been obtained?; - The effects of depositing saline dredge spoils at an inland site; - Route and manner of spoil transport. 4. Legal Considerations: There is a legal question involved as to whether a waterfront owner can issue an easement for a project of this scale to a nonwaterfront property -owner. The Town Board should seriously consider whether it wants to, by approving the project, approve of this issuance and establish this as a precedent for land and water use decisions in other areas of the Town. SZEPATOWSKI ASSOCIATES INC -6- RECOMMENDATION Based on our review of the proposed project, Szepatowski Associates offers the following recommendations: 1) The proposed project is of too large a scale for the size of the area that will be effected. 2) A smaller, scaled down project would not be detrimental to the environment in or around the wetlands area in question. 3) We recommend that Mr. Silverman be allowed to moor his boat outside of the wetlands area, in Wunneweta Pond proper.. If necessary, a location just off the main channel could be dredged to accomodate the size of the boat in question. A smaller dock could be constructed in the wetlands area to accomodate a much smaller support craft, e.g. an 8 to ' 10 foot dinghy or runabout, that can be used for access to and from Mr.dinghy -or larger boat. 4) A project of this size would eliminate the need to dredge in the wetland area. The extent of dredging and the detri- mental environmental impacts associated with it would be reduced if dredging is conducted out in Wunneweta Pond proper. Szepatowski Associates feels that in this case, a smaller, scaled down version of the project would satisfy Mr. Silverman' s recrea- tional needs and, at the same time, alleviate the concerns of neighboring residents and maintain the ecology of the area. We urge the Town Board to consider the extent of the proposed project' s impact on the existing environment. At the very least, the permit should not be granted without conducting a more exten- sive, comprehensive environmental impact study. SZEPATOWSKI ASSOCIATES INC OFFICE nE= 5 RVISOR TOLD FRANCIS J. MURPHY TELEPHONE SUPERVISOR (516) 765-1800 MAIN ROAD (516) 765-1939 SOUTHOLD, L.I., N.Y. 11971 I TO: Southold Town Councilmen FROM: Frank Murphy DATE: March 28, 1984 Please inspect the property of Daniel Silverman and E. Cartnick, wetlands application for permission to construct a dock, catwalk, ramp two floats and dredge on Wunneweta Pond, Cutchogue. We should 'make a decision, after inspection, on April 10th, 1984 at the next Regular Meeting of the Southold Town Board. PUBLIC HEARING SOUTHOLD TOWN BOARD March 27, 1984 3:35 P.M. IN THE MATTER OF APPLICATION NO., •175 FUR A wETLANU PEKMIT BY tNCuNSuLTANTS, INC., ON tsEHALF OF DANIEL SILVtRMAN 8 E. CARTNICK. Present: Supervisor Francis J . Murphy Couddiman Joseph L. Townsena, Jr. Justice Kaymona W. Edwards Councilman Paul 5toutenburgh councilman James A. Schondenare * * x Town CierK Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This the hearing on the Silverman and Cartnick wetland application. It will' be read by- Councilman Stoutenburgh. COUNCILMAN STOUTENBURGH: "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, March 27, 1984, on the following applications for a permit 'under the provisions of the Wetland Ordinance of the Town of Southold':- 3:35 P.m. - in the matter of the application of En- consultants, Inc. , on oehalf of Daniel Silverman and E. t;artnick for permission to construct dock,• catwalk, ramp, two fioats, and areage at Wunneweta Pond, on vuunneweta Koaa, Nassau Point, Cutcnogue, New York. All persons interested in said' matters shall appear at the time and place above specified and will oe given an opportunity to be heard. uated: rebruary 2y, lu84. Juaitn T. Terry, Southold Town Uerk.^ I have ae notice here trom the Long Island -Traveler-Watchman, The Sutfoik Times, and an affidavit from Judy Terry that it was posted on the Town Cierks Eulietin Board. also have a letter here from the Town Trustees: "Resofved to recommend to the Southold Town Board approval of the Wetland Application #175 submitted by Enconsultants, Inc. on behalf of Daniel Silverman to construct a catwalk, ramp and floats and to dredge in'Wunneweta Pond, Nassau Point, Cutchogue, with provision that the size of the vessel shall be no more than 32 feet and the dock is to be moved over 10 feet to the east so that it will' not encroach on the property to the west." I have a letter from the Conservation Advisory Council,' January 17th, "Resolved to recommend to the Southold Town Board approval of the wetland application #175 submitted by Enconsultants, Inc. on behalf of Daniel Silverman and E. Cartnick to construct dock,. elevated, catwalk, ramp and two floats, Cutchgoue." And I -have the permit 'authorizi'ng the construction by the Town Trustees. Page 2 - Public Hearin Wetland Application Enconsultants, Inc., on behalf of Daniel Silverman 8 E. Cartnick SUPERVISOR MURPHY: Thank you, Paul. Is there anyone here who would like to speak in favor of this application? . GUY W.- GERMATIO; Attorney: I represent Dr. Cartnick and Dr. Silverman regarding this 'application. I'd like to briefly`summarize some of the facts. This application has been before the Town Board last year and it went back to the Board of Trustees because there was some concern with the size of the project. The project was scaled down and a limit was even put on the size' of the boat and the dock was moved ten feet over. The Board of Trustees, as you've indicated, has approved the dredging and approved the installation of the floating dock and. catwalk. I believe also there's a letter--did you receive a letter from Mr. Angel on behalf of-- SUPERVISOR MURPHY: Yes, we did. MR. GERMANO: You did"get. a. copy of that letter. Therels one thing I want to clear up. In reviewing some of the laws in'this 'area, it 'appears. that the Board of Trustees has been given the grant of power, through the State of New York, to make decisions with regard to the Bay bottom, and to that extent 1 would assume that the decision of the Board with regard to the dredg- ing does not implicate the wetlands_ area.that's, contained in'the Town Code, Article 97. In that area that doesn't concern the grasses has been approved and that would stand, but we're here today to talk about that wetlands area that..the Town Board has defined in the Town Code, the area in which the various wetland grasses grow, or could grow. That being the case, I'd like to--1 have some people here--Enconsultants, Roy Haje, to describe the project, and also describe the rescaling of the project and then we have Mr. Samuels- here, who will'de,scribe how it's to be constructed over the wetlands area. And then we're going to answer any questions that you may have. SUPERVISOR MURPHY: Thank you. Who would you like first? Roy? MR. ROY HAJE, President, Enconsultants, Inc. , Southampton, N.Y. : The project, as we have now modified it,' consists of the installation of a dock, which will' be a 4 by 10 catwalk, 4 by 12 hinged ramp leading down to two 6 by 16 foot floats, arranged in an "L" type configuration. At the suggestion of the Trustees it 'was moved over to the east so that it 'is at least ten feet from the westerly property line. It is also proposed to maintenance dredge in the lagoon to a depth of three and one half feet. The spoil, which is to be removed from that area, totals approximately 800 cubic yards, and that will' be removed from the site. The reason, obviously, for the dredging is to allow adequate water depth to allow the docking of Mr. Silverman's boat. We have visited the site several times and thought out the application and the project so that we feel it will' not have a deleterious effect upon the fringe marsh; we will not be going into the fringe marsh. It will' not have a deleterious effect upon the adjacent bulkhead of Mr. Techet. We. will' be of sufficient distance from it. Neither will it have a deleterious effect upon ,the fresh water ground resources. We have had a study done by 'Geraghty and Miller who are consulting engineers and hydrologists, who state that the "groundwater gradient is from the upland into the pond, which is the discharge point. By dredging within the pond that will' not alter the gradient, therefore, the pressure will Page 3 - Public Hearir_� Wetland Application Enconsultants, Inc.,, on behalf of Daniel Silverman &.E. Cartnick remain' from 'the upland freshwater resources into the pond. This 'then will not cause saltwater intrusion into the surrounding freshwater areas. The flow within'this arm of the Lagoon, or pond, should actually be enhanced' by the dredging. At the present time the silt; which is present at the neck, restricts the tidal flow. The deepening of that area, as well as the other area, should increase the tidal action and, therefore, actually will'probably enhance the water .quality -by aiding the flushing action and removing the material which might tend, otherwise, to build up in' there. I would, ,therefore, request that you take favorable action upon the project. Thank you. 'SUPERVISOR MURPHY: Thank you. Mr. Samuels? MR. THOMAS SAMUELS, Rambo Dock Building: The dreding will be done by land crane. The mouth of the pond will' be dredged with a clamshell bucket. As great- care as possible will be made so that spoil 'isn't dripped on the marsh fringe, but in the event that any marsh fringe is damaged, it will' be replanted. The interior of the pond will' be done with a dragline crane. I know you're all familiar with the difference, so I won't go into it. We're going to stay considerable distance away from Mr. Techet's' bulkhead, despite the fact that Mr. Sil,derman has indemnified Mr. Techet against any damage to his bulkhead, and I believe, , also, to his freshwater supply, in' writing. The dock itself will' be--it's been cut down to a very minor structure. The piles will' be jetted in as usual, a' common practice, and 1 think it will, from a purely engineering standpoint, the tidal flow in' the pond will ' increase and there should be an enhanced habitat in' the pond itself. I would like to make a personal statement upon the conclusion of these remarks. If there are any questions that I. can answer, I'll be very happy to. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to speak in favor of this application? (No response.) Anyone like to speak -against it? STEPHEN ANGEL, ESQ., Esseks, Hefter, Cuddy & Angel, Riverhead, New York: I represent Frank Techet, a landowner who owns land on the pond in question. We appeared before the Trustees in'opposition to this 'application with Mr. Techet and others. I wrote you, I believe, a letter dated March 12, 1984, and hope you all have it, and I ask that those comments be made a part of this record. SUPERVISOR MURPHY: They are part of the record. MR. ANGEL: Thank you. The first thing I'd like to start out with in discussing Mr. Techet's opposition to the project--well, before I do that, let me apologize for him not being here. He's a winter resident now in Florida. He came up for the Trustee's meeting, but he didn't. come up for this meeting, and he asked me to be he here in his behalf. One of the things that grabbed' me about the project is the magnitude of the .project in' relation to the size of the pond that the applicant proposed to dredge. I've got a copy of an old map showing Mr. Techet's property and his 'next door neighbor's property, Mrs. Eldert's property, and a picture of ' the pond that's proposed to be dredged, and you'll notice it's the small pond right next to Mr. Techet's property. (Passed the map among the Town Board members.) It's across from the property shown as Garber and Pollert., TOWN ATTORNEY TASKER: What's the date of the map? Do you know? Page 4 - Public Hearir . Wetland Application Enconsultants, Inc-.,, on behalf of Daniel Silverman & E. Cartnick MR. ANGEL: Oh, no, it's an old map. I think it's the general configuration-- the general. configuration is 'shown on the plans submitted, Mr. Tasker. There are plans that were submitted with the application,_by -the applicant, that can be scaled. I scaled it off at approximately 140 feet wide, the pond area, accord- ing to the applicant's own submission. Now,--may I. continue? SUPERVISOR MURPHY: Certainly. MR. ANGEL: I understand from speaking to Mr.. Techet that the property has been in its present condition--the pond property--it's been in its present condition for- many years, as long as he's been there, twenty or thirty years, that. he personally knows of, and it's accessible by pretty flat bottom boats, but not all times of the year. What's intended to be done is probably incorrectly labeled maintenance dredging, but it's actual dredging to make this 'into something other than it 'is today. Right today it's sort of a small tidal pond that's drained infrequently, and it's going to become a boat basin'for a fairly large boat. A 32 foot boat in this 'small basin will.' change the character of the area. It will be a parking area for somebody's boat, which it =isn't today, it's something different today. The magnitude of the project--now it's not a very big project, but the magnitude of the project is very great, compared to the size of the pond itself. The character of the pond is going to be changing to a boat basin; in' my terminology. Now, Mr. Techet also raised a query about a potential water problem. He fears that by dredging there'll be a cut off of the natural flow of fresh water to his property. He has good water and has had good water for quite some time and he's afraid that by dredging along the area, that natural flow, that in this area. comes from north to south, will be cut off. Now, he-- think it was Mr. Haje who stated that they had. commissioned a study on this particular problem. It's my understanding that there really is no study that's site specific, it's,actually, taking studies about the actual flow of water in'this area. It was one of the things that we requested at the Trustees, that they undertake such a study, but apparently the Trustees didn't think that was necessary and relied on it. I could be educated by the applicant that there was a site specific study that actually took data in this case, but it's my under- standing that that was not done. He also fears, and they've talked about this initially, that there may be some damage to his 'bulkhead. Mr. Techet has a bulkhead along the side entering into that pond area. There's a proposal to dredge right next to his 'bulkhead. There's a possibility-that that could be undermined--his bulkhead, could be undermined and--by the dred'ing to a lower level, though, I'm sure that that. could be resolved on an engineering basis. Finally, in' connection with the wetlands itself, 1 don't think that the wetlands act of either the Town--and I know' the wetlands act i n' the case of the State, the Tidal Wetlands Act, does not only protect the grasses that grow on the fringe of one of these ponds, 'it protects the pond itself. In fact, the State Act extends tidal wetlands jurisdiction into the waters of the Bay itself, down to a level of six feet below mean low water. Even where there's just sand on the bottom, it's subject to tidal wetlands protection. Here you have a very shallow tidal pond and that land that's under, this 'water, and my understanding of tidal wetlands,, certainly tidal wetlands as' defined by Article 25 of the Environmental Conservation Law, and presumably by your Ordinance, since it's subject to some tidal flow, it would be considered tidal wetlands. . Not just that fringe area. So, the application, though they got approval to dredge Trustee owned land, not Trustee land that is 'subject to powers granted by the State, but powers reserved by the Trustees over history,' the Trustees have allowed them to dredge it, but 1 think you people. have the environmental concerns before you. Do you want this wetland pond to be changed into a boat basin so somebody can moor z , ' Page 5 - Public Hearinc Wetland Application i Enconsultants, Inc. , on behalf of Daniel .Silverman & E. Cartnick I his ' 32 foot boat and change the character of he area? 'Now, there was a comment made that by dredging the pond, the flow into the pond will' be enhanced--that was the word--and that water quality will' be improved. In this 'modern day of environmental concerns, those are very subjective terms. Filling land that is tidal wetlands will also improve,the quality of ;the area 'by getting rid'of mosquitoes. I mean, there are many summer days that I feel that all the land along Moriches Bay should be filled, because the mosquitoes are eating me to death. I live in, the Town of Southampton. But that certainly: would, enhance .the..quality- for me, but we're talking of subjective terms. Just because there's increase flow and the characteristics ,of the water will be changed, doesn't mean it 'will' bean improvement in environmental terms. So,, 1 mean, that's not something that 1 think that's properly--the proper way of expressing what's going on. Flushing doesn't necessarily create a. better quality wetland. And then finally on the question of-the indemnity, there was a letter ,from, I believe, Mr. Silverman, to either the Board or my, client, saying he'll stake care of any problems, but there is no, in my opinion_ , legally enforcable :indemnity agreement between my client and Mr. Silverman. Who will' pay the diminution in'value to my, client's property if it does turn out that there is no water access? Is somebody indemnitying him for the current market value of his 'property? Or will they guarantee to put in' a water supply system,, coming •from the upland and piped all the way down to his property? . That has not been expressed. I think it's unfair to make that characterization. Now, you should also know that as of now there is 'no State DEC permit.' The State DEC permit was withdrawn, or revoked by the DEC, in'-part, or in large part, or perhaps, completely, because of Mr. Techet's opposition, and ultimately there will ' be a public hearing .held before the DEC, we hope, on this issue. I urge.you, however, not to allow the change in, character of this''property, but to disapprove the application, protect the wetlands as they currently exist, and not make this property into a boat basin. Thank you. SUPERVISOR MURPHY: , Thank you, sir. Is :there anyone else would like to speak in'opposition? (No response.) Would anyone like to comment at all on this? Frank Bear? MR. FRANK BEAR, Southold, New York: I'd like to ask two questions. Where will the spill--where will"the spoil be deposited? . MR. SAMUELS: The Town Landfill. MR. BEAR: The Town Landfill? Is that--. SUPERINTENDENT OF HIGHWAYS DEAN: Oh it's permissible, yes, but I don't know anything about it. r MR. BEAR: This =is the first you've heard of it? 4 - SUPER[N,TENDENT OF HIGHWAYS DEAN : Yes. MR. BEAR: The second question I have is what is 'meant by the improvement of the habitat? Improvement of the habitat for what? Page 6 - .Public Hearir Wetland Application Enconsultants, Inc. , on behalf of Daniel Silverman & -E. Cartnick MR. SAMUELS: I guess I made the statement, "improvement of the -habitat." The bottom of the pond now is essentially non-productive as far as shellfish is concerned, for example. Removing the silt that is the basic composition of the bottom of the pond, will; in fact, increase the likelihood of shellfish habitation in'the bottom of the pond. The water quality at times now is very stagnant, especially in the summer months. I assume the temperature of the pond, when the opening to the larger pond is,'clossed off at low tide, for example, I'm sure that water temperature increases markedly, which would affect crabs and creatures of that kind. I'm not a marine biologist. Perhaps Roy Haje could speak a little better to this point. I'm speak as my observations have been over the years on, these small dredging projects. MR. BEAR: What was the basis for your statement then? MR. SAMUELS: My knowledge. MR. BEAR: But you just said'you weren't informed on this matter. MR. SAMUELS: I'm not an expert on this matter. I'm informed on a great many matters, but I'm an expert on very few, as you know, Mr. Bear. MR. BEAR: Yeah, I know. Okay, is 'there anybody else? Mr. Haje, is there any answer to that question? MR. HAJE: When we're talking about removing the silts at the bottom, what you're talking about is removal of an organic layer. The organics which lie' at the bottom of this pond utiliie oxygen and in doing so they create what's called a biological oxygen demand, or BOD. By taking the oxygen out of the water, it is not available to, for example, invertebrates and fish that might jnhabit 'the area. In critical times, such as as Tom mentioned in''the summer- time, when you have the- natural heating up of the water, when the water is less able to have a large amount of dissolved oxygen, it. 'can get critical, and it can cause, for example, a fish kill, or it can cause a diminution in the number of fish or invertebrates that might be able to live there. By removal of some of these organics, which are now resting on the bottom, you remove a portion of that BOD. You would then be able to have more oxygen to be dissolved in the water. Also, strictly by physical phenomenon, by having more water in there, the water would heat up less, because you have more of it; you have more water to heat, and therefore the temperature in the summer should be somewhat less, and therefore the oxygen in' the water should be greater. think that's what the explanation of that part of it is. MR. BEAR: I'd like just to--you know the area don't you Mr. Stoutenburgh? That explanation, does that fit in with your, knowledge and understanding of the situation? COUNCILMAN- STOUTENBURGH: All I could add to that would be that the way it is now the water almost, completely goes out at every tide and therefore you get a. complete flushing of the water in there at each tide. MR. BEAR: Thank you. 9 Page 7 - , Public Hearir _ Wetland Application Enconsultants, Inc. , on behalf of Daniel Silverman E E. Cartnick SUPERVISOR MURPHY: Mrs. Ruth Oliva. MRS. RUTH OLIVA, President, North Fork Environmental Council: I believe we have had, comments before the Trustees about this project and we were not too happy with it then, and I don't think we're too happy with it now. It seems to us, if 'as Mr. Angel says here, that- the pond is ' 140 foot wide, and you're just doing all'this dredging and what have you to put in a 32 foot boat, which would take up almost a third of the pond. And how many property owners are around this pond, and suppose they, come in now and say, we want to put our 32 foot boat out, or our 20 foot boat out. Where's the room going *to- be there for any- thing. 1 really believe it is too large a project. ' I think it should be scaled even down further. Thank you. COUNCILMAN SCHONDEBARE: Is the project too large, or is the boat-too large? The boat's too large. MRS. OLIVA: Well, because of the boat being too large, then the project has to be too large. COUNCILMAN SCHONDEBARE: Well, if you run a small boat in there, you would be happy. , MRS. OLIVA: But again, Jay, I'm saying, if Mr. Techet wants to put out a 20 foot boat, if.'so'mebody else wants to put out a 32 foot boat, how are you going to get them in and out? Everybody's supposed to have a right. COUNCILMAN SCHONDEBARE: Well, what do -we regulate,,, -the size of 'the boat in 'the pond, or whether or not .the pond can be dredged and the work done? We're ,talking about the work to be done, not the size' of boats. Follow what , I'm saying? MRS. OLIVA: Yeah. - COUNCILMAN eaht. -COUNCILMAN -SCHONDEBARE: We're not regulating people's boats. MRS. OLIVA: It shouldn't: be. done. SUPERVISOR MURPHY: Anyone else like to comment? MR. BEAR: I think the answer to that question is, the reason for the size of the project is because the guy has a boat that's 30 feet long. They're not doing it because of the boat, but they're doing it because of what he's doing for the -boat. COUNCILMAN SCHONDEBARE: Mr. Angel, do you have any experts? I've got expert, opinions in here, but I don't .have any from you. You got something in here? Is there something I missed? Is there something 1• can look at? MR. ANGEL: Expert opinions on what? COUNCILMAN- SCHONDEBARE: Did you send anybody out to do an analysis? Did' you send anybody out to do a report? ., t Page 8 - Public Hearirl6 Wetland Application Enconsultants, Inc. , on behalf of Daniel Silverman E E. Cartnick MR. ANGEL: To do a hydrology analysis? COUNCILMAN SCHONDEBARE: Yes. MR. ANGEL: Really, the only thing we're talking about from a scientific view- point is the hydrology analysis. No, we didn't. That's a very expensive set of tests. I mean, you have to-do wells and chart the flow of underwater land. COUNCILMAN SCHONDEBARE: What about the affect on the wetlands, the affect on the bottom. Do you have any marine biologist as they have? Do you have anyone? MR. ANGEL: No, but we're not offering scientific evidence regarding that. What I'm telling you is that they are making an application to change the configuration of the bottom. That, by it's own terms, talks about a removal and a change of wetlands. I mean, I don't think you need an expert to say that. I'm not saying whether it's good or bad, I'm just trying to tell you that that's a subjective term. Enhancing something changes the characteristics. Doesn't ,necessarily mean it's good or bad. COUNCILMAN SCHONDEBARE: All right, so you're saying what they're proposing might not be bad, used against any proposed. change? MR. ANGEL: We're against. changing--well, we're against first going ahead with the application without doing .the impurical study to see whether it will affect the flow of groundwater, one. We don't think it should be our expense to put in those test wells at many thousands of dollars, and have a hydrologist generate that information, since we _did not ask for the application. Secondly, we're against the change in the character of that particular basin, that pond. I mean, and that's aesthetic.' And also we question whether you should allow the change of a wetland like this for personal benefit of one individual, and. change the character of the wetland. I don't think it was incumbent upon us to present scientific ' evidence at this point. SUPERVISOR MURPHY: Is there anyone else who would like to speak? MR. GERMANO: I would like to, comment. . First of all 1'd like to say that in May of 1983 the State DEC issued a neg. dec. on the proposed dredging and the larger scale project. All right, and that stands--that has not been withdrawn. And that has not been challenged. So that it was the opinion of State DEC that this, that this project would not have a significant impact on the environment. With regard--I believe you have the submissions that we made to the Board of Trustees and that's what you're referring to? COUNCILMAN SCHONDEBARE: Yes, that's what I'm looking at as I'm going - through oing -through the record. MR. GERMANO: Right, okay. And that submission contains the letter from Geraghty 8 Miller, and in addition to that, a letter ,from the Suffolk County Department of Health. The Suffolk County Department of Health letter was based upon a much larger dredging that was done in Wunneweta Pond last year, and Geraghty 8 Miller did do the hydrological studies that were necessary 1 Page 9 - Public Hearir _ Wetland Application Enconsultants, Inc. , on behalf of Daniel' Silverman & E. Cartnick for that dredging, and they have applied those studies to this area in giving us the letter which you have, and in which they indicate they do not believe that there would be any injury to the groundwater by this limited dredging. In" addition, I'd like to point out that Dr. Cartnick i's -the present owner of I'd say three-quarters of the land surrounding this pond, `all right, and he has owned this 'through his purchase of the property from Garber and Pollert some years ago. Right now that property has not been developed. There are two building lots that are on that property that has' not been developed, and there is 'no present intention to develop that property. Merely the intention to construct this small dock for this boat for Mr. Silverman. Mr. Silverman now owns-a large piece of property just to the north of`this parcel. I'd also like to point out that while we'-re talking about aesthetics here, that we all know that those of us that live on the water, or who share a dream of living on the water, wish to live in a situation which is, compatible, and to use the waterfront in a way which is compatible with also the use of that property by others, and with a continued viability as wetlands'. We think the project, the way it's been prepared, the way it's been studied, will do just- that. I mean, it's a minimal use of the wetlands area. The floating dock--there's no bulkhead- ing here as bulkheading has been put in in many other areas and has, been maintained--there's no bulkheading to destroy the wetlands area. The catwalks that will be put in are going to be put in at a height as would not destroy the grasses--prevent the grasses from growing underneath there. As we indicated, we are going to replace--replant any grasses that maybe damaged during the course of the construction, and in addition to that, any of the--there's going to be restoration of any of the tree area there to a certain extent. And that's a private agreement between Dr. Cartnick and Mr. Silverman. We think `that the request of the project be approved as it has been before. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to comment? Tom? MR. SAMUELS: I dislike very much commenting as I feel I must on this particular application. I don't believe that the principle concerns about this project on behalf of Mr. Techet are environmental. I think there are other areas that have come into play here. I live on Nassau Point and I know this area very well. As you know, our North Fork Construction yard is almost adjacent to this particular site. Mr. Silverman, from what 'I can see, and I've know him' for some time now, because this application is some seven or eight months old, only wants to more, nor no less than the same rights that Mr. Techet owns or has, taken advantage of, or used. Mr. Techet has a dock, Mr. Silverman wants a dock. Mr. Techet has a dredged channel to his dock, Mr. Silverman wants a dredged, channel to his 'dock. Those of us who live on waterfront property try to use it, we try to use it in a way that, certainly is aesthetic in most cases, and in this particular application there. could not be a more benign waterfront -use of this property as far as a boat is, concerned. There has been--I'm surprised at Mr. .Techet's.- vehemence in quite--in this particular application. As a resident of Nassau Point I don't think it will•be unaesthetic 'at all. It is a pretty little' pond; it's a pretty little area. It's not going to look in'any different, except there'll-be a catwalk and a floating dock. The marsh fringe will remain, unlike Mr. Techet's property where a bulkhead was placed actually destroying the marsh fringe. But situations, change, those kind of permits are no longer available and Mr. Silverman has no need for it or any desire for it. I really think it's a question of--un- fortunately, and I frequently feel this way myself, there are greater uses that our waterfront is being put to, and, certainly this particular project is a good Page 10 - Public Hearir_, - Wetland Application Enconsultant, Inc., on° behalf of Daniel Silverman, & E. Cartnick use of this little pond. It will improve the quality of water in' that pond. It will improve the pond itself. As far as the aesthetics of a boat and a catwalk are concerned, I� can't speak to that. They certainly don't offend me, but I'm in' that business. I think the application should be granted. Not only as a resident of Nassau Point, but as.a resident of the Town. Mr. Silverman is 'an asset to the Town, and his approach to the use of this property is 'as low-keyed as he possibly, can be. I don't think he'l'l damage that pond one iota, nor Mr. Techet's water supply. We investigated, this salt water intrusion potential' problem in the Lagoon project at great expense. This is almost identical, and it would be a terrible thing to force Mr. Silverman to do a fullfledged hydrology study on this project, and totally unnecessary. We're only going to four feet at mean low water. We're not even going to get into the freshwater lense, or close to it. I think the project should be approved. Thank you. SUPERVISOR MURPHY: Thank you, Tom. Is there anyone else like to comment? (No response.) For the record I would like to mention that a letter was received from Frank Techet to PauF Stoutenburgh, the Southold Town Board. It will be entered in. If there are no other. comments, I will. close this 'hearing. 61-Tudith T. Terry Southold Town Clerk March 21, 1984 Mr. Paul Stoutenberg Southold Town Board Southold Town Hall Main Road r Southold, -New York 11971 Dear Paul: You have a meeting of the Town Board coming up when there will be a request for '-a dock and dredging permit brought up by Mr. Silverman and Dr. Cartnick. You and I talked many times in regard to this whole situation and you know my feelings - in this matter. They have not changed. I am still against the dredging and also the new restricted size of ,the dock which I feel is still too large. And regardless of all the expert testimony given at the Town Trustee' s meeting re the water supply, it does not, in any way pertain to my situation. I am on the south side of where they are going to dredge and the water flow is from north to south. Nowhere on our peninsula of land is there decent water except for mine, Mrs. Elderd' s and that of Mr. Baylis. The other end has no good , fresh water because of the long canal that was dredged out some 35 years ago. I am still convinced our water supply will be in jeopardy if that dredging is allowed. And then there is the big chance: that my bulkhead will fall in too. Now, in regard to a remark made at that meeting that Mr. Silverman, who is not a property owner on Wunnewetta Pond, should enjoy the same priveleges as I do re boat dockage is, to me, not reasonable - he does not pay water front taxes and he should not have the "privelege" either of enjoying these things at my expense , i ,e - the possible loss of water and damage to my bulkhead. The whole project is too much to give to anyone, be it Dr. Cartnick or Mr. Silverman. A small boat with comparable dock with no dredging at all is not objectionable. More than 30 years ago this area was originally a fresh water bog and it was never, ever dredged at ,all. It was only opened up at that time to the larger tNunnewetta Pond at the narrow constriction point in order to lest the salt water in to flush the bog,. In so doing, they made it a perfect natural breeding ground for fish. Meantime, there will be someone at the upcoming meeting to defend my position. Many thanks for your help, and hoping you are well. We have been enjoying your articles in the paper very much. And Sanibel has always been one: of our joys, too and we hope it stays that way. S' • cerely, /Fran J het Please call collect if you have any questions. 305-746-5789 / I+' f 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 March 23, 1984, To: Southold Town Board From: Judith T. Terry, Town Clerk Re: Silverman-Carnick Wetland Application Attached hereto is 'background information relative to the Silverman-Carnick Wetland Application. -- Public 'Hearing to be held at 3:35 P.M.,--Tuesday, March 27, 1984.. ALL MOORINGS AN, TAKES MUST DISPLAY VISIBL _ 10ORING NUMBERS ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS A op IIIIIII all 0101!_7 -A Board Of Southold ;' Town Trustees _ SOUTHOLD, NEW YORK Mooring # N/A PERMIT NO. 1800 - DATE: March 15,1984- ISSUED TO ....... Mr. Daniel Silverman/Dr. E. Cartnick I!:,, .................. ....... .................... Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the 1� State of New York 19521 and the Southold Town Ordinance en- fifled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the cat Resolution of The Board adopted at a meeting held on FQb. 2 7 19 8 4..., and in consideration of the sum of $ 16 8 0 0 0. paid 6y . . . .............. .......... . of .................. . N. Y. and su6ject to the Terms and Conditions listed on the reverse side hereof, 301 of Southold Town Trustees authorizes and permits the following: Application approved to construct a timber dock yi consisting of catwalk (3' above grade) hinged- ramp 4 o ' .4-2 and two floats secured by 4 piles and to dredge aw percoa ' tted glicat b in Wunneweta Rpnd. the Zta All a A ac ance witMe e' ife4, specifications as presented in the� * ' f* licaf ion, or tRna in oN :P ++Wlr-n e p sion hat the dock is moved over 10ft,", vessel shall b no ej@t�ad th� the to the _S_ VA th ES WO?Ill said Board of Trustees sere-larg 32fyY causes its Corporate Seal to be affixed, and these resent t AI e le subscribed by a majority oft id Board of is da ............ ..... C= ...... . ...... rustees Please tear off and return to the Trustees B oai r d Of Southold Town _71-rustiee-s SOUTHOLD, NEW YORK MOORING NO. N/A PERMIT NO. .. IQQQ DATE: March 15 , 1984 ISSUED TO Mr. Daniel Silverman /Dr. Edward Ca.rtnick certify that the work as authorized in this permit has been completed and is now ready for your in-spec- tion. Also, the. number required on th-, s pro-lect is cleanly visible. I further understand this permit is not valid until this tear sheet is returned to the Trustees. TERMS and CONDITIONS The permittee Mr. Daniel Silverman/Dr. Edward Cartnick residing at Wunneweta Road Cutchogue N. Y., as pan of the consideration for the issuance of the Permit does understand and prescribe to the fol- = lowing: 1. That the Southold Trustees Permit must be prominently displayed on the premises effected thereby during the period of work That the said Board of Trustees and the Town of Southold are released from any and work all damages, or claims for damages, of suits arising directly or indirectly as a result of any oiler- undei 13tion performed pursuant to-this permit, and the said, Permittee will, at his or her own expense, the permit defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold 3_ That this Permit is valid for a period of 19 mos. which is considered to be the sufficient time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 4.; That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 5: That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 6- That there-will be no unreasonable interference with navigation as a result of the work herein authorized. 7. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 8. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 9- That the said Board will be notified by the Permittee of the completion of the work auth- orized. (See tear off sheet. ) 10. That the Permittee will obtain all other permits and consents -that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. t - z,Na- '- TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 29, 1984 T Nassau Point Property Owners Association 65 C Nassau Point Road Cutchogue, New York 11935 Attention Mr. T. Stauffer, President Dear Mr. Stauffer: As per request, by the Board of Trustees, I am forwarding correspondence pertaining to the ground water in Wunneweta Pond. This material will be of interest to you. Very truly yours, Board of Town Trustees n Ilene f�i Pfferling, Secre ry cc: Trustees ✓ File ✓ Attachment ALL DOCKS AND BULK- ' HEADS MUST DISPLAY - - - VISIBLE - -VISIBLE PERMIT NUMBERS. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ALL MOORINGS AND Telephone STAKES MUST DISPLAY Main Road (516-765-1892) VISIBLE MOORING NUMBERS. Southold, New York 11971 NOTICE OF ACTION— NOT A PERMIT To. . . .En.Consultants,. Inc. . for.Dr. .Edward. Cartnick. &. Daniel. Silverman . . . . . . . .... . .. .. .. ... . . . . . .. . .. . . .. . .. . .. . . . . . . . . . . .. . . . .. .. ... 1. Your application, dated. .. . ,11/3.0/83... . . .. . . . . . .... . . . .has been reviewed by this Board, at a meeting of the Trustees held on. . . , FebruarX. 27 : . 1984. . .... and resulting in the action, as indicated below: (XXXX) Application approved. (. ....) Application denied. (. .. ..) Application tabled. 2. Comments and remarks: Your application has been approved with the following provision: The size of the vessel shall be no more than 32 ft. The dock is to be moved over 10 ft. to the east so that - it will not encroach on the property to the west. 3. If your application is approved above, a Permit Fee is how due, and should be made payable to the order of the Board of Southold Town _ Trustees. This fee is computed below according to the Schedule of Rates as set forth in the Instruction Sheet (Form 1/1) . This fee must be paid within 90 days or reapplication and additional fee will be necessary. If the Permit Fee is paid in person to the Clerk of the Board, the Permit will be obtainable at the same time. If the fee is paid by mail, the Permit will be mailed in reply. 4.- Computation of Permit Fee: (2) 16 ' x 6 ' floats = 192 sq. ft. @ . 25 sq. ft. _ $ 48 . 00 (1) 12' x 4 ' ramp = 48 sq. ft. @ . 25 sq. ft. =�l 12. 00 (4) pilings @ $5. 00 each C� 20. 00 800 cu. yds. of dredging @ $2. 00 cu. yd. = 1600 . 00 Total amount due $1680. 00 Total Fee for this application. . . . .. . .. . . . . . . . . . .. . . . . . . . . .$. . . . . . .. . . .. . . . . Signed. :`.',!' , ./.�. President, Board of S uthoown Trustees . D ... . . . Clerk, Board of.Sou ol• own Tru . ees `,, NASSAU POINT PROPERTY OWNERS ASSOCIATION 65C NASSAU POINT ROAD CUTCHOGUE ,N.Y. 11935, Richard T. Stauffer February 24, 1984 President Mr. Henry Smith, Chairman Southold Town Trustees Main Road Southold, New York Dear Mr. Smith: As President of the Nassau Point Property Owners Association, I was directed by its board of directors to send you a letter objecting to any dredging or construction•project which might have adverse effects on Nassau Point' s aquifer layer or' to its fresh water supply, specifically the dredging and construction project of Silverman-Cartnick on a section of Wunewetta Pond. Since that letter, I have received several reports which have enumerated exceptions to our objections. And as a result of these exceptions to our objections at its February board meet- ing, I was going to ask the Board of Directors to evaluate the validity and applicability of these reports and to recon- sider its position on this project. However, for several reasons a meeting was not held, and no formal action could be taken on my recommendation. I would like you to take this information into consideration before rendering a final decision. If I can be of any future assistance, please do not hesitate to contact me. Sincerely yours, ' is ar au er • -I l� North Share-Atrium 7 6800 Jericho Turnpike Gera g Y ht & Miller, Inc. v 1 l� SyossCet,New York ab WATER 1791 GROUND-WATER CONSULTANTS Telephone: 516/921-6060 February 24, 1984 Mr. Henry P. Smith, Chairman Southold Town Board of Trustees Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Smith: We have reviewed the proposed plan for maintenance dredging of a small* section of Wunneweta Pond, located on Nassau Point in the 'Town of Southold. The dredging. is to be carried out for Messrs. Silverman and Cartnick. Various parties have expressed concern that the dredging will result in salt-water intrusion. However,. such is not the case; _the proposed dredging will have no impact on the local fresh-water resources. The pond in question is a discharge point for fresh water, which flows into it from beneath the surrounding land areas. This flow is generated by mounding of fresh water beneath the land which creates gradients (slopes) toward the pond and other discharge areas. Salt-water intrusion cannot occur unless these gradients are reversed, i.e., the water table is low- ered below sea level as a result of excessive ground-water pumpage. The proposed dredging will in no way alter gradients and therefore cannot re- sult in salt-water intrusion. I have enclosed a copy of a letter from Mr. Joseph H. Beier, P.E., Chief of-the Suffolk County Bureau of Water Resources, dated February 23, 1982. This letter is particularly relevant in that it deals with a sim- ilar situation at a nearby location. Please note that our conclusions are in agreement. Sincerely, GERAGHTY & MILLER, INC. DRM:me Douglas R. MacCallum Encl.. Senior Scientist cc: William B. Smith Guy Germano, Esq. BATON ROUGE,LA HOUSTON,TX TAMPA,FL WEST PALM BEACH,FL ANNAPOLIS,MO HARTFORD,CT DENVER,CO SANTURCE,PR ■ Mr. Samuels 2 February 23, 1982 The concern by the Southold Town Trustees in preserving what little fresh water remains in areas such as Nassau Point is well founded, and I would hope they would continue to review any further dredging applications with similar diligence. However, based on the material reviewed, this project will not impact the groundwater resources of Nassau Point. If there are any other questions or if I may be of further- assistance, please do not hesitate to contact me. Very truly yours, f �oseph/H. aier, P:E. ;. ief Bureau of Water Resources JHB/jb cc: Mr. H. W. Davids, P.E. , SCDHS Mr. David DeRidder, NYSDEC Mr. Paul Stoutenburgh, President for Southold Town Trustees COUNTY OF SUFFOLK` l _ IWO�rr DEPARTMENT OF HEALTH SERVICES February 23, 1982 �9gi Mr. Thomas E. Samuels. JamesH. Rambo, Inc. Bishops Lane Southampton, NY 11968 Dear Mr. Samuels : I received your letter of February 5, 1982 along with informa- tion on dredging scheduled for Wunneweta Lagoon, Nassau Pt. , Cutchogue, New York. I also received additional material from Mr. Stoutenburgh, President for Southold Town Trustees, indi- cating the concerns of the Trustees. After reviewing the information and based on my knowledge of groundwater hydr`o- geology for Long Island, both regional and local, I offer the following comments: 1) The proposed dredging activity should not impact any fresh groundwater resources in the Nassau Point area. 2) The investigation prepared by the Suffolk County Department of Health Services accurately presents the groundwater situation for Nassau Point. The report, discusses ground=- water hydrogeology and indicates that a minimum amount of water-is available based on a certain percentage of annual rainfall returning to the groundwater (recharge) . The amount of recharge that is available for use is affected by several factors including land mass. Technically, if the shoreline were to be reduced, the land mass would diminish and, subsequently, the total recharge to Nassau Point would be decreased., Therefore, the report recommends : "prevent any dredging of the shorelines" In reviewing the proposed dredging application, there does not appear to be any change occurrring to the shoreline. All dredging would' take place within the lagoon area, and it would not impact the existing groundwater recharge area or cause further saltwater intrusion. 225 RABRO DRIVE EAST ■ HAUPPAUGE,M.Y "?4W • 1516)4�SZ9TT 11788 348-2917 I< - FO��c ;fes ,4 l < TELEPHOVE (516)765-?PLR BOARD OF SFO OUTHO DWN TRUSTEES STEES TOWN Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 1 , 1984 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Frank J. Techet 321 Fairway North Tequesta, Fla. 33458 Dear Mr. Techet: d that the next regular meeting Please be advise he Board of Town Trustees wBall,eMaindRoad, F t 1984 , at the Town February 27 , at 7 : 30 P.M. Southold, New York, Very truly yours , Board of Town Trustee /j Henry P. Smith President ip cc. Trustees Ha�e Mr. y File / TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 January 19 , 1984 CERTIFIED MAIL r Mr. Frank J. Techet 321 Fairway North Tequesta, Fla. 33458 Dear Mr. Techet: Please be advised that the next regular meeting of the Board of Town Trustees will be held on February 28 , 1984, at the Town Hall, Main Road, Southold, New. York., at 7 :30 P.M. Very truly yours, Board of Town Trustees t&7u-) Ilene Pfiffc g Clerk to Trustees cc: Trustees Mr. Roy Haje d 164 1 NASSAU POINT PROPERTY OWNERS ASSOCIATION P. O. Box 346 CUTCHOGUE, L. i., N. Y. 11935 Southold Town Board of Trustees Mr. P. Stoutenburgh, Chairman The Board of Directors of the NPPOA is the governing body elected annually by the 317 member families who are residents of or property owners on Nassau Point. Currently 93 % of all residents of Nassau Point are members of the Association. - At the December Board meeting we examined and discussed the various requests initiated by Silverman and Cartnick to dredge and construct a timber dock, catwalk, ramp an oats in Wunne- weta Pond. We urge you to deny the request for the following reason. We are deeply concerned abomt any request that involves the dredging of inland ponds and estuaries. We have always been led to believe through information supplied by the Suffolk Co. Dept. of Health and the DEC that overbuilding through down- zoning, or the dredging of such waterways may interfere with the already fragile and tenuous water supply system which exists in our area, that such dredging may interfere with the nourishing and replenishing of the aquifer layer, and that such dredging can excerbate salt-water and brackish water intrusion, a problem which has occurred on Nassau Point at various times. We are hopeful that you will examine the numerous reports and recommendations that these agencies have made, may make, and are willing to make and if additional time is needed to obtain these studies, that a postponement will be granted so that all infor- mation will be available before making a decision. If I can be of any further assistance, please don' t hesitate to contact me. Si neerely yours /Z YA ..- Richard T. Stau er, Pr es i. ent r t i cr � TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 January 5, 1984 CERTIFIED MAIL Mr. Frank J. Techet 321 Fairway North Tequesta, Fla. 33458 Dear Mr. Techet: At the regular meeting of the Board of Town Trustees held on January 3 , 1984, the Trustees tabled the application of Daniel Silverman, to construct a catwalk, hinged ramp, dock and two floats, in Wunneweta Pond, Cutchogue until all parties involved are present. The next regular meeting of this Board will be held on February 21 , 1984 at 7 : 30 P.M. Very truly yours, Board of Town Trustees Henry P. Smith President ip cc: Trustees ,- Mr. rustees ,Mr. Roy Haje Ni Fairway Nurtn INED Tequesta, Fla. 33450"{ December ?-9 , 1983 Board of Town Trustees Southold, New York 11971 Attentions Mr. Henry Smith Dear Henry: On my arrival in Florida I was greeted with a letter from the NY State D.h..C. in response to a letter I had mailed them in November re the re-opening of a permit by Mr. Silverman & Dr. Cartnick from the Tuwn Board of Trustees. (A copy of my letter is in your files) . They have sent me a copy of a letter adaressed to Mr. Silverman dated 12JG1/83. In case you do not have a copy of that letter from the DEC , I am enclosing one. This may be of some help in getting the matter tabled until I can get accomodations to fly up for the next meeting. Meantime, for the record, there has been no approval from me or Mrs. Elderd or Mr. Baylis for the dredging. There are only these 3 owners on that water area besides Dr. Cartnick. Also , I have just heard that, without my* solicitation, and strictly on their own behalf, the Nassau Pt. Property Owners Association had a meeting of the planning boara and intend to write their objection to the dredging as well. Sincerely yours, Call collect any times Frank echet 1-305-746-5789 J. - A'LL bdCKS AND BULK- P/1 HEADS MUST DISPLAY - - - VISIBLE - -VISIBLE PERMIT NUMBERS. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ALL MOORINGS AND Main Road Telephone STAKES MUST DISPLAY (516-765-1892) VISIBLE MOORING NUMBERS. Southold, New York 11971 NOTICE OF ACTION - NOT A PERMIT To. . . . . . ... . En;Consultants.,..Inc...c/o .Daniel Silverman. . . . . .. . . . . . . ... e . . . .. . . . . . . . .. . . . . . .. . . . 1. Your application, dated. .,11/30/83. . .. . . . ... . . . . .. . . . . . .has been reviewed by this Board, at a meeting of the Trustees held on. . . J . A.,. 1984. .. ... . . . . . .. and resulting in the action, as indicated below: (. .. ..) Application approved. (. . . . .) Application denied. (XXX Application tabled. 2. Comments and remarks: This application has been tabled until all parties involved are present. 3. If your application is approved above, a Permit Fee is now due, and should be made payable to the order of the Board of Southold Town Trustees. This fee is computed below according to the Schedule of Rates as set forth in the Instruction Sheet (Form 1/1) . This fee must be paid within 90 days or reapplication and additional fee will be necessary. If the Permit Fee is paid in person to the Clerk of the Board, the Permit will be obtainable at the same time. If the fee is paid by mail, the Permit will be mailed in reply. 4. Computation of Permit Fee: Total Fee for this application. . . . .. . . . . . . . . . . . . ... . . . . . . . .$. . . . . . . . . . . . . . . . .. Signed.//0 President, Board of Southold Town Trustees t 1 I By.MVJ f . . . .�. . . . . . .. `. .. .. Clerk, Board of So ho d.Town Tru ees oS�FFUC,4��0 0 e N TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 27, 1983 Mr. William B. Smith P. O. Box 146 Southold, New York 11971 Re: Daniel Silverman Dear Mr. Smith: Please be advised that the Board of Trustees will be post-poning their decision on the above referenced appli- cation, until the February 1984 meeting. Very truly yours, Board of Town Trustees C% • Ilene Pfifferling - Clerk to Trustees cc: Trustees& New York State Department of Environmental Conservation Building 40 State University of New York - c_ Stony Brook , New York 11794 ( 516) 751 -7900 Henry G.Williams Commissioner December 21 , 1983 CERTIFIED MAIL Mr . Daniel Silverman 30 Stoner Avenue Great Neck, New York 11021 Q Re : 10'-83-0426 Dear Mr . Silverman : This letter shall serve as Notice of Intent to suspend your permit to dretge and construct a dock at a tidal pond locate4 at Nassau Point , Cutchogue pursuant to Part 621 . 13 Uniform Procledures . New information has been forwarded to this office by Mr . Frank J . Techet that the approved project will destroy inter- tidal marshes and endanger his bulkhead . Special Condition ;116 of your - permit states , "Applicant must obtain permission from adjoining landowners prior to commencement of dredging . " Your permit will remain suspended until such time you provide written approval from your adjacent landowners . Within ten calendar days of -receiving this Notice, -you may submit a written statement why the permit should not be suspended , or request a public hearing or both . Failure by yourself to, timely submit a statement or request a hearing shall result in the Department ' s action (permit suspension) becoming effective the date of ti,is letter . j Please feel free to call me if you have anv questions in regard to this matter . Very truly y urs, e Larkin Regio al Supervisor of R gulatory Affairs DJL : j cc : F . J . Techt . f - Q��c3VFFOC1jrColi TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 1971 rt December 15, 1983 Mr. Frank J. Techet 321 Fairway North Tequesta, Florida 33458 Dear Mr. Techet: Will you please advise the Town Trustees as to your comments on the re-application of Mr. Daniel Silverman for work he wishes to have done on Wunneweta Pond, Cutchogue. The next meeting of this Board will be held on January 3, 1984. The Trustees would like to act upon this application at that time. Very truly yours , Board of Town Trustees Paul Stoutenburgh President ip Return Receipt Requested • P/1 ALL"DOCKS AND BULK- HEADS MUST DISPLAY - - - - VISIBLE PERMIT NUMBERS. BOARD OF -TOWN TRUSTEES TOWN OF SOUTHOLD ALL MOORINGS AND Telephone STAKES MUST DISPLAY itrlain Road (516-765-1892) VISIBLE MOORING NUMBERS. Southold, New York 11971 NOTICE OF ACTION - NOT A PERMIT Mr. Daniel Silverman To. . . . . . . .. . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Your application, dated. .. . . . .11/30/83. . . . . . . . . . . . .. . . . . . .. . . . . . ,has been reviewed by this Board, at a meeting of the Trustees held on. . QQC!V-irLbQ-r- and resulting in the action, as indicated below: (. . X.) Application approved. --- (. . . . .) Application denied. (. . . ..) Application tabled. 2. Comments and remarks: This application was tabled until the next meeting to be held on January 3, 1984. 3. If your application is approved above, a Permit Fee is now due, and should be made payable to the order of the Board of Southold Town Trustees. This fee is computed below according to the Schedule of Rates as set forth in the Instruction Sheet (Form 1/1) . This fee must be paid within 90 days or reapplication and additional fee will be necessary. If the Permit Fee is paid in person to the Clerk of the Board, the Permit will be obtainable at the same time. If the fee is paid by mail, the Permit will be mailed in reply. 4. Computation of Permit Fee: Total Fee for this application. . . . . . . .. . . . . . . . . . . . . . . . ... . .$. . . . . . . . . . . . . . Signed. .. . . c<. . . . . . . . . 9. �.tu'�• r • President, /JBoard of Soouthold Town Trustees & Clerk, Board of soul r-lol2to wn Trust s Ln Vj, 'z •rjJo1 ..�2 �� TELEPHONE (516)-765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 r November 30, 1983 Mr. Frank J. Techet 321 Fairway North Tequesta, Florida 33458 Dear Mr. Techet: Please be advised that I am in receipt of a new application submitted by Mr. William Smith on behalf of Mr. Daniel Silverman. This application can be reviewed in this office, Monday thru Friday between the hours of nine (9 :00 A.M. ) four (4: 00 P.M. ) . If this is not convenient for you, I will be happy to remit a photo copy to you at the rate of $. 25 per sheet of application, for this service. Happy to be of service to you, I remain, Very truly yours, Board of Town Trustees Ilene Pfifferling Clerk to Trustees cc: Town Trustees ,/ Town Clerk ✓ Mr. William Smith ✓ A/2 - Rev. 6/72 BOARD OF TOWN TRUSTEES c U Town Of Southold n I� Main Road Southold, New 1rork 11971 APPLICATION FOR FIXED and/or FLOATING DOCKS 1. Applicant's name and address: L'AI• CONSIf�TA�IT$,,��lCA(?Plication for ................. �`4 NORTH MAIN STREET ........................... Daniel Silverman and Dr. ,S'Ol/..... l &juk fYON I. g Edward Cartnick. ...........................................................................PT .................................... D 2. Contractor' .s name and address ........James H. Rambo,Inc. Bishops Lane, Southampton ............................................................................................ ............................................................................ ................................................................................... 3 Briefly explain the purpose of this application: ...Construct a timber dock consisting. of ............................................................ . 10'x4' fixed elevated (3' above grade) catwalk, 12'x4' hinged ramp and two 16'x6' float's• sec"urea..b.y..foiii?"t imliet?"p�Yfttgs.................................................................................. ........................................................................... ................:................................................................... ....................................................................................................................................... 4 After issuance of a Permit, I expect to: (mark by an X) (a) Commence work — AT ONCE ............: ASAP ..... UNKNOWN (b) Complete work in — 1 DAY ............: 1 MO. ..`.�...; 1 YR. ............; FUTURE ............. 5. Secure the correct Area Map from the Secretary of this Board, and by using an X WITHIN A CIRCLE indicate as closely as possible the location of this dock. On the reverse side of this map, provide a SCALE DRAWING which will show Ordinary High Water Mark, the shape and size of the dock and any supplemental pilings which are needed to hold a floating-dock or tie-up o boat. Give all dimensions necessary to determine the area of the dock surface which extends offshore from the O. H. W. M. 6. Will any portion of this construction extend offshore into Town Waters beyond an imaginary line or boundary formed by other similar structures along the area's shorelines YES or NO. If it does extend beyond this so-called dock line indicate by how for, approximately...........ft. No other docks on this arm of pond. 7. Provide the following documents: (a) A Licensed Engineer's Survey of the, property involved. (b) A copy of the Contractor's Plans and Specifications 8. Will this construction require the Filling of any land offshore of the Ordinary High Water Mark or the Dredging of any material from Town Lands under water? YES oxo. If it does, Form A/4 (Application for Dredging/Filling) must be completed and attached as part of this application. 9. In requesting approval of this application, I submit that: the information presented herein is true and correct to the best of my knowledge and belief; I am the person accountable for the performance of the work in accordance with the plans and specifications attached; I have read or am familiar with the-provisions of any Southold Town Ordinance pertinent to the work involved; and further, I intend to adhere to and abide by the Terms and Conditions of the Permit, when and if issued to me. L. S. ........... .............................. Accepted by: _ Dated: r t po Ar4 - Rev. 6/72 BOARI) OF T()WN TRUSTEFS Town Of Southold ►;;� ( ,`� �} Main Road Southol(1, Neiv York 11971 APPLICATION TO DItE,I)GI? and or FILL, 1� 1 Does this project involve the use of WETLANDS as defined in the Southold Town Orden-nce in WeticincI0 YES or NO. If it does, your application must be filed through the Town Cier4's Office. 2 Applicant's name and address 1 'J CONSULTANTS IPrG A lication for ............r.. .:Ol iTf l l<,',t;iil:STF�E1'......PT............... .. .. .... Daniel Silverman and Dr. li�iFTOf1(, !►Ic4J YJt;rC 11968 Edward Cartnick. ...... . .. . .. .. .......................... .......... ...... ;. ................................ . 3' Contrcctcr's home and address ....:lames ll. Ramos..Laneb , Souti=pton �......... ............................................................. .... . ... ........ ..................................... . 4 Ekploir. briefly the purpose of this applicatio .......... n Maintenance dredge approx 800cy .................................................... ... ... of material from irregular sliapecl basin as indicated on work plan. :lax depth of ...................... ...............,................................ .. .dredging dredging to be3.5'below ML14. Spoil will be loaded on trucks and removed..to .Town ...AumR..ar...Simi l.ax..uRJ and..si:f:n........................ ........ ........................................................... ........ ................................................................................................................................................... .. ........ 5. After issuance of Permit, I expect to: (mark with an X) (a) Commence work — AT ONCE ............; ASAP :....; UNKNOWN TIME ......... .. (b) Complete work in — 1 DAY ............; 1 MO. .—n... .... 1 YR. ............: FUTURE �. Secure the correct Area Map from the Secietar� of this Board, and by using an X A CIRCLE as a mark, indicate as closely as possible the location of this work: On tie re%e-se stc'e of this map, orovide a SCALE DRAWING which will show the Ordinary High \`.'eter Mark and the size and Shope of the structure :i work. All dimensions offshore c' -1-.c0. H. W. M should also be shown and inchicle on-, free standing pilings which will rzm_in at completion. 7 Provide the following documents: (a) A Licensed Engineer's Survey of the properly involved (b) A copy of the Contractor's Plans and SpeciIicotions. 3 Hos any previous application for this work hven domed by any other local government ager.c•,) r NO. If it hos been, name the or lcncy. ...................................................................... ... Dutc of denial ....................................... 9. If dredging is contemplated, give your esti-,iato o t the following (a) Average depth of water at M. L. W where chedging. ........... ....................... . ... . .. ft. (b) Maximum depth of dredging below the bottom, ..........3...5I........................................... ft. (e) Maximum length of dredged arca ......................225...........,............................... ft. (d) Moximum width of dredged area .......................8�. ...... . . ................................. ft. . .. (e) lAoximum amount of material to be dre,l,e:l ..............800...,•„ c yds If filling is expected, give your estimate of tho !allowing- (0) Max':rum amount of material required........... ...............°/a.................................. c (b) Explain flow fill will be obtained and wi-ole it will be placed. n/a .. . ....................................................................... ......... ... .................................... .... ..... . . . ... ...... ...................................................................... ..... .............. ................... ..... ... .. 1 i In requesting approval of this application, I °::' :,u. TUI I aoi the person occourtc'_ fh� Performance of tlr^ wc�rlc in accord with tho plans and spcc,f:cations attachEci I-- _'0':, I have read or am familiar with the provisio-v. of any Southold Town Ordinance per;,re^ to the work involved; and further, I intend to acl;icre to onrl cbide by the Terms and Condit ons of the Permit. L. S _ � �� ....—. ........ . . .. Accepted by: Dated: TOWN OF SOUTHOLD 1 SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : ' a In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project result in a large physical change • to the project site or physically alter more than 10 acres of land? . . . . . . . Yes ---.`.No 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . . Yes No 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . . . . . Yes ✓No 4. Will project have a potentiallylarge impact , on groundwater quality? —Yes-.-.,No t ' 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . . . . . . . . . . . . . . . Yes —No 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes ,"Ro 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . . Yes_,,::!110 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes_ -ITo 9 . Will project adversely impact -any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . - - . . Yes /No 10 . Will project have aMajoreffect �on �existing or future recreational opportunities? . . . . . . . . . Yes_�No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . Yes_GNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? Yes �o 13. Will .project �have any impact on public health _ or safety? . . . . . . � . . Yes 'o 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or -have a major negative - effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes /No 15 . Is there public controversy concerning the project? . . . Yes 7No PREPARER ' S SIGNATURE REPRESENTING C4994tq, ` tDATE_ // �� ! t - At • 4 - 1 I I i I I 4 ! f I ' a , ! A I I I t i i 1 f 4 i V I I AUTHORIZE, EN-CONSULTANTS, INC. TO APPLY FOR PERMITS ON MY BEHALF. I i I i 1 1 1 I I 4 4 I i 4 P 1 4 i alas i Locos •y/ oOj c Eqs� s'vT �C) C L tflic/DCA'rr.JALIG oT �/ r.-. �' F� oA rs •—6�\ s BAY F- $'O FFG Lk- Co. gAGSTRO,,? 3 Y Z hAP o71(ScAtF/••-a000 a Cq Trr.�t�,��G—F �+ FLo/�Ts I • � - ExisT. 4o-T.C�Aai�s) = I PR*P BoT -3'-6•- I •I n � 8°�X/G�P/L/�vGs O' '?o `'`O a II 1 I ; X-SECT. THRU - PRPo Tt Q �ocK /`7N/NT. It 1 \ D/?ro6Nc O I _ � I Pio PO SEnO Dock ��/�'ENA�YC E DqN/EL 15'/L_UcRi`f/9n/ �;C'�R7"N/< C °Ztcs a 11ASSq u PT Sou 7,,/o L D/ Sv F F s L J< •DA7'UM:/6fL4„) ( Y- o. N. PURPOSE: 9SSTo RE /�/4 v/G 4T/oy Fop °'� �C/iS'�!E(/E T-q PO NO nR/vATE 4o q-r MOOR/NG '6� .�N" (foNSuL7-,gN7-$1 �/yC AOJAcEY r owme gs: s�IEET i°fr A. EOUARO CAR-rmc,e �- �/<►/�1L-L aRvCE � 4 i VA T N J C2 O Y � 1111 l bif wq Y �tY O � Ory S 9 Cl ►'O►N 4 ' R � 1 i � L -— � =`t•='�,`}i�+ - •(•j;�s7 r;'�„`'�Z'i rS;'�,,',:;tet:. r ~), - - y ENVIRONMENTAL P. SERVICES PillJ ®CONSULTANTS, INC. f� 64 NORTH MAIN STREET, SOUTHAMPTON, NEW YORK 11968 516-283-6360 November 29, 1983 r Board of Town Trustees Town of Southold Main Road Southold, NY 11971 Re: Application for Daniel Silverman and Edward Cartnick Dear Sirs: - Attached please find a new application to construct a dock on pro- perty belonging to Dr. Edward Cartnick who has granted an easement to Daniel Silverman. As you will recall, we had previously filed an application for a dock which was ultimately rejected largely based on the objection of, a neighbor, Mr. Frank Techet. The present plan differs from that which was rejected in that the proposed catwalk is reduced from 40' to 10' , thus, we will be able to bring the structure and boat to be docked there closer to the shoreline and leave more open area. We believe the overall effect of these changes is to reduce the scope of the project and make the project approvable. Please process this application and inform me of the hearing date on the matter. Ae"1_7 � Very truly yours, CZ10 A Ray L. Haje RLH:EF Enclosure cc: William Smith <,,r�� j�tij,• �'`�' +T �, y „;�l fca ,� 't �-, fir z"•,�. Ail- ' a +c r ..,�`..JAW ~ '�� '►-"k •A y rb'+C '�r : r r a ;.. �`.'' >• S r ')}`: 'yc `i: -.^. ' ','^t' .. r . Y r �. •.tom}` E �. � a f•�.r xx�•S^ � '4'L yi�`..+��r��;ge�et y Y a 4 - f �.YP•�Iy�`•ti.A{y �''= �,y�•r-W<•S la{rn�t T vw, Oft �? � C-{� r+�fiG*r�•v�i�:'�.'+r.�'x�>�"'. K.ice .'• � -� �� .. vm 4 ,1. :c•) - �'�„ 'wir,,••.S kk ! ��ut��'� , '+�"¢?rT .•:tet �R��.��A� �y'4' ✓ 4 � Y��4��xr `Y,. _ti'- s. � ��- ...-�"` ��ri c'�� --QX'Z�"'•`��w�'a: ♦S A� �^4�4�; ��4sF� �� '_^a`�'F '�4• y^Ti i l f..:�� f�� k.K-•_ it ti');'- �. ere •�,�f,�� 'iK'z' k � 4c -`'r�i _} 3 t 9;qy, T r f 7rt�1:.;1;M1�jr��!)�g,��!{ �'"'},�'�\t�4�t�,.��'"` .'Y`•-� i 4.��r•/,i,�1�.77 F.,t.�-ii. �r�- .��.:t_,hl,r�1�'� � t.�.-'.. ��„�� ys o �•'�� p,-�,� L �Ar� � 'fir y��'�':1,� ,,�K '� s �•. K•y�Ft�� i;��r�',.'; � �'L.. �� '4 ?`�h7"��4J`�"Ly'3S�n��tr�'i•��T��'C 4�'�-��s'S.].- Yt�� S M .k -”z.-.; f .t��i' ' - -� ;r � ' n��fi zMa ;{ ♦4 � .: Ji *p� ie 4`17.. S 4x�A /4 {yl y �`+^} ,i y� k - •*` y.csa4 y""''� _ 1 .y��-4�y }��Y � h TMi Y L.: >�r ��1 T•,uy`.^TM `*X' � i�"t -Y.:y..�i?`Ych�� _ ._ � -� !�i'� '_� - i ��r.?�,-��b i � yft�N� ,�') `c•� /.�l:Y+ i�'l�4•�ry:l1 �. �`'j�/ tat 'r`} ,-' R ' e C014SULT YOU:2 tag :d rEFOiiL SIGNING 1{115 1C4S712vJ,1E!dT—T <.' YP:UMECiT SHOULD BE U4CC) OY CtaI2YEG S (.";,LV. I� i THIS 31°dDiLNTf PS.., wade the ;(4 d.) of April ninct(tn hurulrcd and(-,if't]ty thr-e i EDWARD N . CARTNICK acid MIARIF ?1- C:`iRTNiCK, nis wife , both II� residing at 1 Wunneweta Road , Nassau Point , Ctitchogue , I; New York 11935 5 a' k �'�G `.,•�` tf t'� � [I711JIUU] 11-1 �� k: _1r,:'S&t.�f,r'/r.'ry �Mt'vr+aY�Fy•�i'�cdt�✓„� / I � party of the first part, Ad DANIEL SILVERMAN and HENR IETTA SILVERMAN, his wife, boat residing at 30 Stoner Avenue , Great Neck, Newo-rlc__� P ECI` ED REQ ESTATE s � W-3 party of the second part, 5{JFFOLK �VJTN , that the party of the first part, to consideration of ------T,EN o Y n . - --------------------- -------- --- ------- ---------- ---------- dollars, X lawful money of the United States, and otter valuable considerations , paid J. by the party of the second part, doeshereb}• ��rant and releas, unto the party of the second part, the heir, or n ) successors and assigns of the party of the secon•1 part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erecter?, satiate, lying and i.,eing:twitx at Nassau Point, Town of Southold , County of Suffolk E� and State of New York, known and designated as par, of lot 222 as shown on a. certain map entitled, "Amended Mapllof Nassau Point" , filed in the Suffolk County Clerk' s Office on 8/16/22 under Map Izzj #156 and a portion of Bayberry Road; said part of tor_ and part of Bayberry Road being bounded and described as follo�.=s : �i BEGIN-NING at a point on the northerly side of Wunneweta Road at -T' the extreme easterly end of an arc of curve connecting the northerly side of Wunneweta Road and the easterly side of 11 Bayberry Road; THENCE westerly along the northerly side of Wunneweta Road along the arc of an irregular curve bearing to the right the chord of which runs along a bearing of North 72 degrees 26 minutes VIcst 269 .21 feet to a point in 'another chord ; s {{THENCE Northerly along the northerly and easterly side of Wunnewtet 'IRoad along the arc of an irregular curve bearing to the right the ( chord of which runs along a bearing of North 46 degrees 00 minutes ® (West 167 . 66 feet to a point in another chord; THENCE Northerly along the easterly side of Wunneweta Road alonf; ' the arc of an irregular curve bearing to the right to the { 3 southerly line of Parcel A herein dcscribc i ; ,l THENCE North 49 degrees 00 minutes East alorll; the lest mentioned division line 350 feet to a point on the northerlj- side of Ba;berry f� Toad which is distant 14 .0 feet nortliwesteriy as mc,asure' along, he northerly side of Bayberry Road from the point where the Clivi.sion line between lots 137 arid. 138 on the above ment-ioned map intersects the northerly side of Bayberry Road ; IENCE southerly alonf; the northerly side of Bayberry Road a"l ong Ritltn art; of an irregular curve near_ir.I; to the right , 14 .0 f crt to • 11a point in another chord and rhe pow where the division .tine between lots 137 and 138 in-cersects the norther!_} side of 113avberry Road ; cc)lit °d . . . [� ((^ l I\ LI it(� �j APR J. FLU'U'E �� C� !, l l� �� n.� f tf!{ UI v d t 'ITHENCE Scn ,t-hi,,as _ 1y ami !3o„i t,c r-1} of r),c• , t_horly cr�c; oast hp side of Bayberry }1'oad -along the arc of art ifre gular. cu (--,rve b , to the right! the chord of which, runs al6ng a bearing of South G2 degrees 23 r,inu.tes . East , 1 1 b. 5'a f eft to a point in another chord ; THENCE Southerly along the easterly side of Bayberry Roar] alonf, the arc of an irregular curve bearing to the right Lhe chord of which runs along a bearing of South 7 degrees 30 minutes East 100. 16 feet to a point in another chord ; Z-I THENCE Southerly still along the easterly side of Bayberry Road along the are of an irregular curve bearing to the left the chord of which runs along a bearing of South 4 degrees 25 minutes west , 103. 84 feet to a point in another chord ; THENCE Southerly still along the easterly side of Bayberry Road along the arc of an i-rregular curve bearing to the left the chord of which runs along a bearing of South 2 degrees 13 minutes West 102 .80 feet to a point in another chord and the point of inte_rsectioni, between the division line between lots 133 and 134 on the above mentioned map and the easterly side of Bayberry Road; i d THENCE Southerly still along the easterly side of Bayberry Road along the are of an irregular curve bearing to the left the chord of which runs along a bearing of South 9 degrees 06 minutes East 99 .90 feet to a point in another chord; i THENCE Southeasterly along the easterly side of Bayberry Road along the are of an irregular curve bearing to the left the chord of which runs along a bearing of South 61 degrees 55 minutes East 43. 64 feet to the northerly side of WunneTrreta Road , the point or place of BEGINNIA;G. TOGETHER with all the right , title, and interest , if any, of the subject premises in and to (i-) any and all rights of way, (ii) road rights , (iii) easements , and any other rights that may affect the premises . ! TOGETHER with an easement annexed hereto as Schedule A and filed herewith . BEING and intended to be a portion of the premises conveyed to the party ;of the First Part by Letty Garber and Albert Pollack by deed dated August 2, 1971 and recorded in the office of the Suffolk County Clergy: in Liber 6978, page 392 , on August 3, '1971 . i SUBJECT to the following: t a. Covenants , restrictions , agreements , and easements of record . b. Covenants and restrictions in Liber 1109 c,-) 440 , Liber 1195 cp 227 , Liber 1171 cp 362 , Liber 3377 cp 499 . C. Lig; ting and Gas Agreement in Liber 1966 ep 300, (affects streets) , Telephone Agreement in Liber 1000 cp 431 , (affects streets) . i d . Any !stat(; of facts an inspection of the premises might show. , i e . Rights any person may have in the aforesaid Bay- berry Road , iincluding the rights of others to pass and repass over Bayberry Road . , r C i r sc r n� AT! �R J. [El-I.,C ' OR R D E R 'SPR 2,7 1983 (.!'ck of S,-ffo(k Cm my i t SCHEDULE A CONTINUED EASEMENT TOGETHER with a perpetual easement and exclusive right to the owner and occupant of the aforesaid prcmis s , t.hei_r heirs , successors , and assigns , over the westerly thirty-five ( 35) feet of lot 226, Amended Maptlof Nassa;i Point Map No . 115 to erect and maintain a boat dock and boathouse for the purpose of docking a pleasure boat and access to Wunneweta Pond by said pleasure boat. Said Easement is more particularly described as follows : BEGINNING at a point at the Northwest corner of lot 226 where lot 226 intersects with lot 246 and the 15-foot right of way on the northerly boundary of lot 226; THENCE Northerly 7140 24' 20" East a distance of 35 feet to a point; THENCE in a Southeasterly direction along a line parallel with the boundary line between lot 226 and lot 246 to the mean high water mark of Wunneweta Pond ; THENCE in a Southwesterly direction along the are of the curve formed by the mean high water mark of V'unneweta Pond along lot 226 to the southwesterly corner of lot 226 at the boundary with lot 246; THENCE Northerly 150 35 ' 40" West a distance of approximately 64 feet to the point or place of BEGINNING. Said Easement shall run with the aforesaid promises subject to the following terms and conditions : 1 . The Grantee, his heirs , successors , and assigns , may construct and maintain a bulkhead, dock, and single story boathouse no larger than 120 square feet . The boathouse shall be of wood construction and shall be used exclusively for the purpose of storage of pleasure boat equipment and for no other purpose . 2 . The Grantee shall have the right to construct and main- tain a ten (10) foot wide driveway and parking area within the easement area for the purpose of access to the boat dock and boathouse by passenger vehicle. 3. The Grantee shall have the right to construct and maintain utility lines along the easement area . - 4. The Grantee shall maintain the boathouse and dock in good repair and free of loose or peeling, paint . 5 . All real property taxes , charges and special tax assessments attributable to the easement area shall be paid by the Grantee, his heirs , successors , or assigns , within ten ( 10) days after the presentation of the tax bill and statement of taxes attributable to the easement area by the Grantor, his A ARTHUR J. FE11ICE ' �, R FOOR D APR Clerk of Sufio!k Co:lnty 'ALL 1�6CKS AND BULK- P� ' HEADS MUST DISPLAY - - - VISIBLE - -VISIBLE PERMIT NUMBERS. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ALL MOORINGS AND Main Road Telephone STAKES MUST DISPLAY (516-765-1892) VISIBLE MOORING NUMBERS. Southold, New York 11971 NOTICE OF ACTION - NOT A PERMIT To. . . .En.Consultants:. Inc. , for.Dr. Cartnick. &. Daniel. Silverman.. . . . . .. .. . .... . . . . . .. . . . . . . . . . . . . . . 1. Your application, dated. .. . ,11/30/83. . . . . . . . . . . . . . . . . . „has been reviewed by this Board, at a meeting of the Trustees held on. . . . February. 27 , .1984. . .... and resulting in the action, as indicated below: (=X) Application approved. (. . . ..) Application denied. (. .. ..) Application tabled. 2. Comments and remarks: Your application has been approved with the following provision: The size of the vessel shall be no more than 32 ft. The dock is to be moved over 10 ft. to the east so that it will not encroach on the property to the west. 3. If your application is approved above, a Permit Fee is now due, and should be made payable to the order of the Board of Southold Town Trustees. This fee is computed below according to the Schedule of Rates as set forth in the Instruction Sheet (Form 1/1) . This fee must be paid within 90 days or reapplication and additional fee will be necessary. If the Permit Fee is paid in person to the Clerk of the Board, the Permit will be obtainable at the same time. If the fee is paid by mail, the Permit will be mailed in reply. 4. Computation of Permit Fee: (2) 16 ' x 6 ' floats = 192 sq. ft. @ . 25 sq. ft. _ $ 48 . 00 (1) 12 ' x 4 ' ramp = 48 sq. ft. @ . 25 sq. ft. lw 12 . 00 (4) pilings @ $5. 00 each C 20. 00 800 cu. yds. of dredging @ $2. 00 cu. yd. = 1600 . 00 Total amount due $1680 . 00 Total Fee for this application. . . . . . . . . . . . .��. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S i g n ed. :0:,l' .n. . . /�J- n-e-Awt-1 President, Board of S uthold own Trustees B .�� . ' Clerk, Board of.Sou ol. . own Tru . ees COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE NOTICE•O,F.HEARINGS Patricia Wood, being duly sworn, says that she is the NOTICE IS HEREBY GIV- Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, EN.that public hearings-will be held by the Town Board of the a public newspaper printed at Southold, in,Suffolk County; Town of Southold,' at..the Southold Town Hall, Main and that the notice of which the annexed is a printed copy, Road;`Southold, New York, onhas been published in said Long Island Traveler -Watch- gesday<, March 27, 1984, on following applications for a man once each week for ........................)..............weeks Permit,under the provisions of g the Wetland Ordinance of the successively, commencing on the ...............�5................. Town'of Southold: 3:30',P.M.-,In the matter of day of .. ^.......................... .. 19.$` tfi�,,application of Esther, and Eric.Mueh lbauer and Leah K. .. ... ..................................ce...../.................. .... Indelman for permission to construct a-catwalk and float- ing,dock at the south side of " Fleetwood: .Road,- on East Creek,Cutchogue; New York. '3:32 P.M.- In the matter of S`� the application of Enconsult- Sworn to before me this day of ants, Inc.,' on behalf of Paul j Kelly,'for permission to re- �.`.:.......•.•••.••..,- 19..:�.. ................ Place timber bulkhead and j backfili, with clean sand ,at property located on right-of- way on the south side of New Suffolk'Avenue, at Great Pe- ponic ,Bay,', Mattituck, New ...... . .: ... .. . ..................... York. Nota Public 3:35 P.M.- In.the matter of ' the.application of Enconsult- ' ants, Inc., on behalf of Daniel CLEMENT JV®pA ®MNOTARY PUBLIC,Stage of New York Silverman and E. Caitnick for No.52-9321725 permission toy construct dock, Residing in&dffolk CCU,,* catwalk;ramp,two floats, and Commission Expires&rca 30 19.& dredge at Wunneweta Pond, on•Wunneweta Road;'Nassau Point, Cutchogue, New,York. / 3:37 P.M.- In the,matter of 1 the, application of The Land Use'Company, on behalf of v� i Joseph Duggan, for 'permis- sion to construct timber bulk- head and dredge on the east side of Dawn Lagoon, on Snug Harbor Road, Greenport, New York. , All, persons interested in said matters,shall 'appear at the, time , and place above ispecified and,will be given an opportunity to be heard. ! DATED: February 29; 1984. JUDITH T.TERRY SOUTHOLD TOWN CLERK ,1T-3/15/84(5) 1 � 4 ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW IOB EAST MAIN STREET P O Box 279 RIVERHEAD, N.Y 11901 WILLIAM W ESSEKS ��® WATER MILL OFFICE MARCIA Z HEFTER (516)369-1700 MONTAUK HIGHWAY CHARLES R CUDDY P. O BOX 570 STEPHEN R ANGEL MAR 131984 WATER MILL,N Y. 11976 (516)726-6633 JAMES HEFFRON Town Clerk Southold March 12 , 1984 Supervisor Franklin J . Murphy and Councilmen Town of Southold Main Road Southold, New York 11971 Re : Application for Welands Permit by Daniel Silverman and Edward Cartnick by EN-Consultants, Inc. Dear Supervisor Murphy and Councilmen: We represent Mr , Frank J . Techet who is the owner of property on Wunnewteta Pond . The Town Trustees , over our objections , have granted to the above applicants permission to dredge the wetlands abutting our client ' s property . We understand that there is a permit application to dredge this land before your Board, because the dredging involves wetlands as defined in your Town ' s ordinances. In behalf of our client we respectfully request notice of any application or hearing before the Town Board. Our opposition of this project is based upon numerous concerns, a partial summary of which is as follows: 1 . The project is of an extremely large magnitude — given the size of the basin in which the dredging is planned . The basin is no wider than 140 feet , and currently can only be used by small boats. The proposal is to dredge the basin and build a dock so as to accommodate a 32 foot boat . - A boat of this size, in such a small basin, will drastically change its appearance . It may even encourage others to dock more similar size boats in the same small area. 2 . Our client fears that the dredging of the channel will cut off his fresh water supply . We understand that the fresh water flow in this area is fairly near to the surface, and that dredging may intrude upon this natural flow. We were r i O Lagoon, on Snug Harbor -STATE OF NEW YORK ' Legal Notice Road,Greenport,New York. All persons interested in ° LEGAL NOTICE said matters shall appear at ZOUNTY OF SUFFOLK NOTICE OF HEARINGS the time and place above NOTICE IS HEREBY specified and will be given an GIVEN that public hearings opportunity to be heard. STTSAN W_ AT,T A T of Greenport, in will be held by the Town Board DATED:February 29,1984. of the Town of Southold,at the JUDITH T.TERRY ;aid County, being duly sworn,says that he/she is Southold Town Hall, Main SOUTHOLD TOWN CLERK Principal Clerk of THE SUFFOLK TIMES, a Weekly Road,Southold,New York,on 1TM15-4512 Tuesday, March 27, 1984, on —- -Newspaper, published at Greenport, in the Town the following applications for I of Southold, County of Suffolk and State of New a Permit under the provisions of the Wetland Ordinance of York, and that the Notice of which the annexed is the Town of Southold: a printed co 3:30 P.M.--In the matter of P copy, has been regularly published in the application of Esther and said Newspaper once each week for one Eric Muehlbauer and Leah K. 15th Indelman for permission to weeks successively, commencing on the construct a catwalk and I day of March 19_8 floating dock at the south side of Fleetwood Road, on East I Creek,Cutchogue,New York. 3:32 P.M.--In the matter of the application of Enconsultants, Inc.,on behalf of Paul Kelly, for permission Principal Clerk to replace timber bulkhead and backfill with clean sand at Sworn to before me this 15th property located on right-of- CHIEN' way on the south side of New tate of New York day of March 19 8 4 Suffolk Avenue, at Great Iuffolk County Peconic Bay, Mattituck, New rch 30 l9g York. 3:35 P.M.--In the matter of the application of Enconsultants, Inc., on behalf. of Daniel Silverman and E. Cartnick for permission to construct dock, catwalk, ramp, two floats, and dredge at Wunneweta Pond, on Wunneweta Road, Nassau Point,Cutchogue,New York. 3:37 P.M.--In the matter of the application of The Land Use Company, on behalf of Joseph Duggan, for permission to construct timber bulkhead and dredge on the east side of Dawn — r Supervisor Franklin J . Murphy and Councilmen March 12 , 1984 Page Two . astounded that -the Trustees permitted dredging without any scientific evidence concerning Mr . Techet ' s fears . 3 . Our client ' s existing bulkheading may be undermined by the dredging project . 4. We understand that the dredging is going to take place in intertidal marsh wetlands. The dredging will destroy some , if not all , of the characteristics of this property as, intertidal marsh , which is a high value title wetland. 5 . We are not sure whether a landowner can convey a portion of his riparian rights to someone who owns no land on the pond. Here, Dr . Cartnick is giving an easement of some sort to Mr . Silverman to undertake this project , and construct the dock . Mr . Silverman owns no property on the pond . Does he have the legal right to construct a dock and use the basin thereby decreasing the availability of the use of the basins to actual riparian landowners, such as Mr . Techet? The above concerns are only some of the ones we wish to advance in behalf of our client before your board. I am hopeful you will give us notice of any meeting involving this application, and allow us to present our arguments. Respectfully yours , Stephen R . Angel SRA : s cc: Frank J . Techet Southold Town Clerk J Councilmen: James A . Schondebare Paul Stoutenburgh Joseph Townsend Justice Raymond W. Edwards i STATE OF NEW YORK: i SS- COUNTY OF SUFFOLK: i 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 5th day of March 1984 she affixed a notice of which the annexed printed notice is a i t true copy, in a proper and substantial manner, in a most public (i place in the Town of Southold, Suffolk County, New York, to wit: - Town Clerk Bulletin Board, Town Clerk Office, P.4ain Road, Southold, New York 11971 Notice of Public Hearings on Wetland Applications: Tuesday, March 27, 1984, Southold Town Hall: 3:30 P.M. - Esther 8 Eric Muehlbauer and Leah K. Indelman 3:32 P.M. - Enconsultants, Inc., on behalf of Paul Kelly 3:35 P.M. - Enconsultants, Inc. on behalf of Daniel Silverman and E. Cartnick 3: 37 P.M. - The Land Use Company on behalf of Joseph Duggan I i udith T. Terry 617 �i Southold Town Clerk Sworn to be before me this 4 5th day of March 19„84 Notary Public _ f ELIZABETH ANN NEVILLE NOTARY PUBLIC,State of New York ! Na 52-8125850,Suffolk County i Term Expires March 30, 19- i i ; i I ' i r l ii I�I+ LEGAL NOTICE i ? NOTICE OF HEARINGS f NOTICE IS HEREBY GIVEN that public hearings will be held by the Town �i Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on Tuesday, March 27, 1984, on the following applications fora { Permit under the provisions of the Wetland Ordinance of the Town of Southold: h 3:30 P.M. - In the matter of the application of Esther and Eric Muehlbauer• '• and Leah K. Indelman for permission to construct a catwalk and E i floating dock at the south side of Fleetwood Road, on East Creek, Cutchogue, • i New York. 3:32 P.M. - In the matter of the application of Enconsultants, Inc. , on behalf of Paul -Kelly, for permission to replace timber bulkhead and backfill { with clean sand at property located on right-of-way on the south side of New , Suffolk Avenue, at Great Peconic Bay, Mattituck, New York. 3:35 P.M. -- In the matter of the application of Enconsultants, Inc., on i behalf of Daniel Silverman and E. Cartnick for permission to construct dock, j catwalk, ramp, two floats', and dredge at Wunneweta Pond, on Wunneweta Road,; Nassau Point, Cutchogue, New York. j 3:37 P.M. - In the matter of the application of The Land Use Company, on 1; behalf of Joseph Duggan, for permission to construct timber bulkhead and dredge on the east side of Dawn Lagoon, on Snug Harbor Road, Greenport, f ! �3 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: February 29, 1984. i i JUDITH T. TERRY SOUTHOLD TOWN CLERK 1' i � I �{� PLEASE PUBLISH ONCE, MARCH 15, 1984, AND FORWARD FOUR (4) j AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, 7I TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman j The Suffolk Times f� Town Board Members ' Town Clerk's Bulletin Board ' Esther E Eric Muehlbauer & Leah K. Indelman Enconsultants, Inc., on behalf of Paul Kelly 8 Daniel Silverman E E. Carnick �i '.w The. Land Use Company, on behalf of Joseph Duggan C TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 RECEIVED FEB 2 81984 February 28, 1984 Town Clerk 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 February 27, 1984: RESOLVED to recommend to the Southold Town Board approval of the Wetland Application #175 submitted by En-Consultants, Inc. on behalf of Daniel Silverman to construct a catwalk, ramp and floats and to dredge in Wunneweta Pond, Nassau Point, Cutchogue, with the provision that the size of the vessel shall be no more than 32 ft. and the dock is to be moved over 10 ft. to the east so that it will not encroach on the property to the west. Very truly yours,, Henry P. Smith, President Board of Town Trustees ip �- SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. January 17, 1984 Mrs. Judith Terry 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, January 17, 1984 . RESOLVED to recommend to the Southold Town Board approval of the wetland application #174 submitted by Russell B. Case to remove fragmites and plant grass seed on portion of practice fairway. Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #175 submitted by Fnc-nnGul��zltG Tnr�= nn l,ah a 1 f of neS ilyexm� and Cartnick to construct dock, elevated catwalk, ramp and two floats. Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #176 submitted by the Land Use Company on behalf of North Fork Property Development to install bulkhead plus two returns and floating dock. Deep Hole Creek, Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland application #177 submitted by The Land Use Company, on behalf of North Fork Property Development to construct a timber bulkhead and two returns plus a ramp leading to a float dock. Deep Hole Creek, Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland application #178 submitted by Pirates Cove Marine, Inc. to remove marine railway and construct bulkhead. West Harbor, Fishers Island. RESOLVED to recommend to the Southold Town Board approval of the wetland application #179 submitted by Enconsultants, Inc. , on behalf of Lewis Edson to construct a timber dock, catwalk, ramp and float. Clearview Avenue, Southold. RESOLVED to recommend to the Southold Town Board approval of the wetland application #180 submitted by Esther & Eric Muehlbauer and Leah K. Indelman to construct floating dock. East Creek, Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #181 submitted by Enconsultants, Inc. on behalf of Paul Kelly to replace bulkhead. Great Peconic Bay, Mattituck. Respectfully submitted, FRANK CICHANOWICZ , CHAIRMAN By Jane Moffatt, Secretary o � 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 JAN E984 January 4, 1984 Town Clerk Southold Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on January 3 , 1984 : RESOLVED to recommend to the Southold Town Board to TABLE the Wetland Application #175 submitted by En-Consultants, Inc. on behalf of Mr. Daniel Silverman and Dr. Edward Cartnick until all parties involved are present. Very truly yours, Board of Town Trustees 2 • Henry Smith President ip I Q � ago SI984 321 Fairway North Ira W WOW Tequesta, Fla. 3345b December G9, 1983 Board of Town Trustees Southold, New York 11971 � n Attention: Mr. Henry Smith Dear Henry: On my arrival in Florida I was greeted with a letter from the NY State D.B.C. in response to a letter I had mailed them in November re the re-opening of a ,hermit by Mr. Silverman & Dr. Cartnick from the Town Board of Trustees. (A copy of my letter is in your files) . They have sent me a copy of a letter addressed to Mr. Silverman dated 12/21/83. In case you do not have a copy of that letter from the DEC , I am Enclosing one. This may be: of some help in getting the matter tabled ,until I can get accomodations to fly up for the, next meeting. Meantime, for the record, there has been no approval from me or Mrs. Elderd or Mr. Baylis for the dredging. There: are o_ my these 3 owners on that water area besides Dr. Cartnick. Also , I have; just heard that, without my solicitation, and strictly on their own behalf , the Nassau Pt. Property Owners Association had a meeting of the planning board and intend to write their objection to the dredging as well. Sincerely yours, Call collect c any times Frank �Jc chet 1-305-746-5749 r y , New York State Department of Environmental Conservation ' Building 40 75�� State University of New York 13 g Stony Brook , New York 11794 (516) 751-7900 1 NEW Henry G.Williams Commissioner December 21 , 1983 CERTIFIED MAIL ` Mr . Daniel Silverman 30 Stoner Avenue Great Neck, New York 11021 Re : 10-83-0426 Dear Mr . Silverman : This letter shall serve as Notice of Intent to suspend your permit to dre�ge and construct a dock at a tidal pond located at Nassau Point , Cutchogue pursuant to Part 621 . 13 Uniform Pr6cedures . New information has been forwarded to this office by Mr . Frank J . Techet that the approved project will destroy inter- tidal marshes and endanger his bulkhead . Special Condition #16 of your permit states, "Applicant must obtain permission from adjoining landowners prior to commencement of dredging . " Your permit will remain suspended until such time you provide written approval from your adjacent landowners . Within ten calendar days of receiving this Notice, you may submit a written statement why the permit should not be suspended , or request a public hearing or both . Failure by yourself to timely submit a statement or request a hearing shall result in the Department ' s action (permit suspension) becoming effective the date of this letter . Please feel free to call me if you have any questions in regard to this matter . Very trulW y . purs , e Lar in Regio al Supervisor of R gulatory Affairs DJL : jf cc : F . J . Techt o • � 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 DEC 14 December 14, 1983 Town Clerk Southold Mrs. Judith T. Terry Town Clerk Town Hall Main Road Southold, New York 11971 Dear Mrs. Terry: Transmitted herewith is the action taken -by the Board of Town Trustees at a regular meeting held on December 13 , 1983 : RESOLVED to recommend to the Southold Town Board to TABLE the Wetland Application #175 submitted by En-Consul- tants, Inc. on behalf of Mr. Daniel Silverman and Dr. Edward Cartnick for a period of thirty (30) days. Very truly yours, Board of Town Trustees Paul Stoutenburgh President ip �� ,x��i+} ;-+ `•n, tea: ==� v ' ' `•=i Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY r r'"1 TELEPHONE TOWN CLERK REGISTRAR OI'VITAL S'I'Al ISTICS t (516)765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 14, 1983 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 Enconsultants; Inc. on behalf of Daniel Silverman and E. Cartnick 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 January 2, 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 TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 30 , 1983 Mr. Charles Bowman The Land Use Company Route 25 A Post Office Box 2521 Wading River, New York 11792 Re: Maureen Sullivan Dear Mr. Bowman: This office received a complaint today. It was in reference to the property that Maureen Sullivan wants to use, to erect her dock on. The complaint was in regard to the ownership of the property. I, therefore, would appreciate your indicating on this map, exactly where the dock will be placed. This will, ' hopefully, make locating this structure much clearer, thus resolving this complaint. Please remit this map before December 7th. The Board of Trustees will be meeting on the same evening. This will enable them to review further this application. I await your remittance. Very truly yours, Board of Town Trustees Ilene Pfifferl g Clerk to Trustees Attachment cc: Town Trustees✓ Town Clerk v Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY f r�.r `�j�',L:= TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OI'VITAL STA I-ISTICS OFFICE OF THE TOWN CLERK, TOWN OF SOUTHOLD November 30, 1983 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by Enconsultants, Inc. for Daniel Silverman and E. Cartnick in connection with their wetland application no. 175 for a wetland permit to construct dock, catwalk, ramp, two floats, and dredge at Wunneweta Pond, on tiYunneweta Road, Nassau Point , Cutchog , New York. Judith T. Terry Southold Town Cler Posted on Town Clerk' s Bulletin Board on November 30, 1983 • �" TOWN OF SOUTHOLD y SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : a In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be ,undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . Yes -;"'No 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . . Yes J No 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . . . Yes ✓No 4. Will project have a potentially large impact on groundwater quality? . . . . . . . . . Yes ,�No 5. Will project significantly effect drainage flowon adjacent sites? . . . . . . . . . . . . . . . . . . . . . . Yes ..._..No 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes e***'—No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes_,:fNo 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes_,,L-Q'o 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . .. . . . W . . : . . . . . Yes Flo 10 . Will project have amajor effect on existing or future recreational opportunities? . . . . . . . . . Yes__e:::No 11 . Will project result in major traffic problems or cause a major effect to existing — transportation systems? . . . . . . . . . . . . . . . . . Yes_Gtdo 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? . . . . . . . . . Yes "No 13 . Will project have any impact on public health or .safety? . . . . . . Yes �o 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes /No 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ;;*No PREPARER ' S SIGNATURE REPRESENTING �� CW� DATE cI 3 `•'3, •.`'f '''' �'ry%y Town Hall, 53095 Main Road P.O. Box 728 �.-%+ �.�_- •- 11 e`iso Southold, New York 11971 `i'? t �~1 rri ' JUDITH T.TERRY �. TELEPHONE TOWN CLERK `" tel (516)765-1801 REGISTRAR Of VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 30, 1983 Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted rlerewith is application no.175 for a wetland permit submitted by Enconsultants, Inc. on behalf of Daniel Silverman and E. Cartnick. 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 e � Southold,'New York 11971 JUDITH T TERRY " TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STA NSTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 30, 1983 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.175 for a wetland permit submitted by Enconsultants, Inc. on behalf of Daniel Silverman and E. Cartnick. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry Southold Town Clerk Attachment �.y o � � 4 x....,kY ®•w Town Hall, 53095 Main Road y �a�l:S<< ✓o_= P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY u, n _ TELEPHONE TOWN CLERK =��" (516)765-1801 REGISTRAR OP VITAL ST ATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 30, 1983 Mr . Paul Stoutenburgh, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Stoutenburgh: Transmitted herewith is application no.175 for a wetland permit submitted by Enconsultants, Inc. on behalf of Daniel Silverman and E. Cartnick. Please prepare a written report of findings and recommendations with respect to this application. _- Very truly yours, Judith T. Terry Southold Town Clerk Attachment Wunneweta Pond Town Of Soutbold 2836360 Town Clerk's Office Soutliold, N, y. RECOVED 1983 APPLICATION FOR WETLANDS PERMIT Town Clea S91001d c^ ApP Ir ,.t ion No. ...L7..................... Date of Applicction NAu.emkQ.1: 8.,...1983L-N-con ILTANTs JAI; ..... 64NUiirl�;/�;,i�'ISTREET for Daniel Silver,• :n Ident;ty of Applicant .........roz mlldFrp!�. ...1..f.0M.....:1. c�, . ........... ... .......... 30 Stoner Ave. Aedress of Appl cent Great Neck, :;1- 1101 ............................................................. INSTRUCTIONS FOR PERMIT A This epplicotion is to be completely filled in by typewriter or ink oral submitted to the Town C;erk in quadruplicate, accompanied by writter permission from the owner of the property if not the some as the applicant. 6 Pilot Plan must be drawn to scale on the reverse �:de of this application showing the iccatian of property, the names and locations of owners of adjoining� 1 g prcc�erties, and a detcilea descr:�tion of proposed project (Note. Copies of the Pilot Plan may be made by a COPY machire and ettcched io the Permit Appllcction.) C. No operation sFctl be ;nitio;-ed by the upPlrcunt until oil permits that are required are issued. D A detailed sietement of the rehabilitation and prc,poseci condition of the prey rises aftt- the work 1!: Completed must be given, including a survey if required. E. It permit is being sought for a more sizeable excavation 'than the constructi,n of a private smgle deck or jetty, then this application must be accompanied by a survev and ' ropr,ic�l map Certified by a registered land survey or Professional Engineer. The horizontal ccn'-ol cf survey shall be based upon an approval local coordinate sys'rem. The vertical control for elevotien and scur,d- 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 all 25.00 shall accompany tile aPp lication. This film fee includes one insrect:cn there is a S5 00 fee for each additional inspection. g H. The Town Beard upon request t`le 9 - 1� applicant for a permit, may waive in whole or in part previsions of Article II, Section � $, subdivisions (A and to'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 ooproval of this application the Town Clerk will issue a Permit to the opaliccr,t Such ermit shall be ovoilcble for inspection at any time, upon request. ,.v 'Examined .................................................. 19....... Approved ................................................................ Disapproved ........................................................... Cn-1.4itionc, ;f arn% ...... .. .......�..,.......... ... .. .... . . .... _ ._. .... . .. ...... ...... . ..... . ...... ......... ........... . ..................................................................................................... .................................................................................................... ExaminingBody .................................................................................................................................... Signature of Chairman ....................... APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk Ccunty, New Yerk, for the issuance of a permit pursuant to the Laws, Ordinances and Regulatiers govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Scuthold: Construct a timber clock consisting of , f 10 'x4' fixed elevated catwalk 12' x 4ti ' hingedramp and two 16'x6' floats secured by four timber pilings. Permit requested to .................................................. ........................................................ Maintenance dredge to3.5 ' """""•'•••••`••••• g below MLW an irregular shaped area of maximum width SO ' and maximum length 225 ' . Approx 800cy of spoil will be loaded on trucks and .r. ..s*ite............................................................................................................removed, to Lccation of property for which permit wanted..., Wunne.weta. Road, Nassau Point . ... ................................................................. . ........................................................................................................ K Stoner Ave. Home address of permit applicant if different from aforesaid location ....................... ....................... Great Neck, N.Y. 11021 ... ..................... . .. .......................................................................... Creek, Bay or Harbor fronting property .......Wunne.wc.ta.Po.nd .................................. ........................... . ........................................................................................................... Size of proposed work: Length ..................s e.�..a .q.Y.e.................................... Width see above HeightAbove High Water ..4 ............................................................................................................... � DepthBelow Low Water .......3....5........for........dredging.............................................................................................. ' Yards to be Excavated ....800 ± .. .............................................................................. Yardsto be Filled ......................n/a.......................................... ............................................................ Width of canal, creek or bay frontingroe 150' propertyrty................................................................................. Depth at Low Tide ..resent lv 2+' ...... .....r................................................................... ................................... _ 2'6" AverageRise in Tide ............................................................................................................................. x Is this for private or business use? ..... .privat;a.................................................................................... Area Zoning residential . ......................................................................................................... Manner in which material will be removed or deposited ... . .............................................................................................................. Intended use of property ...pxi,vete,,,,,residential; . . ................................................. ..................................................................................................... Written consent of owner of property, if not the same as the applicantsee....attached. ............... ....... .. ........... d ..................... ................................................................................................................................... .......................................................................................................... COUNTY OF SUFFOLK ) SS: STATE OF NEW YORK ) Roy.L:. Ha j,e.............. being duly sworn deposes and says that he is 'the applicant for the above described permit, and that all statements contained herein ore true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of Southold. The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and claims arising under or by virtu o said er it, if granted. .... ........... ....... . ...................................... Signatu o. . Applicant -- Sworn to before me this ................................ day of ........... AV......................... I9.AL . .... ..... . .............. Notary Public ALINE T. MAUS Notary Public.State of N.Y. No. 4699496,Suff. CO Term Fxares Mar.38,19.,5 r� ' Locus � of If f _ EA Q i S�/'t6ry7, �1.C) h -JI 41,c/OICATuAL-K• Lo7- � y'x»'RAMP a-Z6 e n- -- /T7t� 6'A ffAY FFsAk- �o. NA6'SToQo�y 3 i y Z /YAPa'(SCALE/"�,g?aaa Z 2 Z \, L Z A . • z RArtP FLoATs oKAM O�lu 12 CvAA��s) IPRoR &T. Ba�X/GAP/L/aGS - - I $ O.C. P/L/NG S THRu Pl?o Po.rE Q Voc.,e f_ J`1P9iN7 I � I _ I I P)Fo PO SE 0 Doc K j/y/9iNT c N�q Mc 7 ' � ''// J D qN/E e- S/[.uep,i`fA^I E G'A+�7'ntIc /{/oZ;�s R�-�ASSAU PT J S00-r//04.0, 5'u -S ('URPoSE: RE STo AE AfA v/G 4Tio,Y FOie Y. "' I,JuH,VE r,�E T,� Po,�® FR/II ATE A3oAT /49oaR1+VG 6`r 'EIV-,6ONSUZ-7A.,YT$� AOJACEYT o4JNE RS: S1V`EE7" A. L� _EpAR0 Ci9RTN/c - ��_��B�S3 /'1 is WA c-4 b R 0 e C014SLILY YOUQ to :T CEFORE SIGNING MIS t?dSTU;t.1E!fT-T;,tl' TNUMtt'dT SHOULD tut USZO OT LA%4YMe OY4LV. THIS fNDLYMRE, made the �� °j� day of April n!!{etcrn lumdred awlC-i U.hty thr"e B E-nV.. EDWARD N . CARTNICK and MARIE M. CARTNTCK, his wife, both residing at 1 Wunneweta Road , Nassau floint , Cutchogue , New York 11935 F11p R�d :i C �i( e i\�j yllwl] pg l C+'-'F ttFaz 0 �''..�d"q.-,k II'Yr J a'i41Y424A.L� Q 0 -.D party of the first part, -Mi ` i1THENCE Solir IST_(�rl3' Linc; S011111101'1} 0f northor7y Linc; casrerl5, side of Bay ry Road along the arc of irregular curve bearing, Y , to the right the chord of which runs along a bearing of South 42 degrees 23 minutes East , 116. 54 feL-t to a point in I another chord ; THENCE Southerly along the easterly side of Bayberry Road along, the are of an irregular curve bearing to the right the chord of which runs along a bearing of South 7 degrees 30 minutes East 100. 16 feet to a point in another chord ; THENCE Southerly still along the easterly side of Bayberry Road along the arc of an irregular curve bearing to the left the chord of which runs along a bearing of South 4 degrees 25 minutes West , 103.84 feet to a point in another chord ; THENCE Southerly still along the easterly side of Bayberry Road along the arc of an irregular curve bearing to the left the chord , of which runs along a bearing of South 2 degrees 13 minutes West 102 .80 feet to a point in another chord and the point of intersection between the division line between lots 133 and 134 on the above mentioned map and the easterly side of Bayberry Road; THENCE Southerly still along the easterly side of Bayberry Road along the arc of an irregular curve bearing L:o the left the chord of which runs along a bearing of South 9 degrees 06 minutes East 99 .90 feet to a point in another chord; THENCE Southeasterly along the easterly side of Bayberry Road along the arc of an irregular curve bearing to the left the chord 1 of which runs along a bearin& of South 61 degrees 55 minutes East 43. 64 feet to the northerly side of Wunne*creta Road , the point or place of BEGINNING. TOGETHER with all the right , title, and interest_ , if any, of the subject premises in and to (i) any and all rights of way, (ii) road nights , (iii) easements , and any other rights that may affect the -premises . TOGETHER with an easement annexed hereto as Schedule A and filed herewith. BEING and intended to be a portion of the premises conveyed to the party of the First Part by Letty Garber and Albert Pollack by deed dated August 2, 1971 and recorded in the office of the Suffolk County Clerk in-Liber 6978, page 392 , on August 3, 1971 . SUBJECT to the following: a. Covenants , restrictions , agreements , Lind easements of record. b. Covenants and restrictions in Liber 1109 cp 440 , Liber 1195 cp 227 , Liber 1171 cp 362 , Liber 3377 cp 499 . c. Lighting and Gas Agreement in Liber 1966 cp 300, (affects streets) , Telephone Agreement in Liber 1000 cp 431 , (affects streets) . d . Any stare of facts an inspection of the premises might show. e. Rights any person may have in the aforesaid Bay- berry Road , including the rights of others to pass and , repass over Bayberry Road . ARTHUR J. FEUCE F r ORD F f APR 27 1983 Clerk of Suffolk County ltd �U d U-,. �,�: yf J ? O A T SCHEDULE A CONTINUED EASEMENT TOGETHER with a perpetual easement and exclusive right to the owner and occupant of the aforesaid premises , their heirs , successors , and assigns , over the westerly thirty-five (35) feet of lot 226, Amended Mapilof Nassau Point Map No. 156 to erect and maintain a boat dock and boathouse for the purpose of docking a pleasure boat and access to Wunneweta Pond by said pleasure boat. Said_ Easement is more particularly described as follows : BEGINNING at a point at the Northwest corner of lot 226 where lot 226 intersects with lot 246 and the 15-foot right of way on the northerly boundary of lot 226; THENCE Northerly 7110 24' 20" East a distance of 35 feet to a point; THENCE in a Southeasterly direction along a line parallel with the boundary line between lot 226 and lot 246 to the mean high water mark of Wunneweta Pond ; THENCE in a Southwesterly direction along the arc of the curve formed by the mean high water mark of Wunneweta Pond along lot 226 to the southwesterly corner of lot 226 at the boundary with lot 246; THENCE Northerly 150 35 ' 40" West a distance of approximately 64 feet to the point or place of BEGINNING. Said Easement shall run with the aforesaid premises subject- to ubjectto the following terms and conditions : 1 . The Grantee, his heirs , successors , and assigns , may construct and maintain a bulkhead, dock, and single story boathouse no larger than 120 square feet . The boathouse shall be of wood construction and shall be used exclusively for the purpose of storage of pleasure boat equipment and for no other purpose . 2 . The Grantee shall have the right to construct and main- tain a ten ( 10) foot wide driveway and parking area within the easement area for the purpose of access to the boat dock and boathouse by passenger vehicle. 3. The Grantee shall have the right to construct and maintain utility lines along the easement area . , 4. The Grantee shall maintain the boathouse and dock in good repair and free of loose or peeling paint . 5. All real property taxes , charges and special tax assessments attributable to the easement area shall be paid by the Grantee, his heirs , successors , or assigns , within ten ( 10) days after the presentation of the tax bill and statement of taxes attributable to the easement area by the Grantor, his `b . ARTHUR RF � ORnFff APR 27 1983 rlekfCuffn(k Co:in ly . ' r '.{ ,%r'*h�.Ya:W3 `a5w.wa'h".:iYJr}•'>EKuri,r.+x �- � - �.... 1 } _a � "i -:lr'+�,f,, y.,..wr-r. sp1+.Y#�.i.' +�.+•.++.- -. .xw...�111} <o4Yi .._ —•.w.:..:r-+u�"'�"-1..,k.- w...Ke„J. '-,,.+�#>.W+>'�->,�•"iJ.iYire'Yn"yc'7YN'�4 ,ny..n-. }lr' .� t -ti ,t�}r3}•f+fi tj7 � #� fr /'µr §y�t,,�,Yi lj ter � , i , •v� r t.':.•M - + „.. Wit. w..7i•''•.yX:..S:v 1 �.` 1 � w+lil. •.ri i -!``:�" --Z•St` yli it:7 •,,,;r^.Y.:se fl},1, y. M .,, RS . 'k'�iM,-fy � "`"�. .?, �Sk,�.ty"•" r i •� .« ., - -ef.l �.-,sc^� >> � '•ykY'� y :� •'�ii yr:!.tr� �4�r"1°"�d �i° FA ._jS r- '4'.:« � i^' ! 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V hF1.�7 h. rt+ ti >" ..,><• w-r` .t «•�Y> r lc-< c1• •s',. � �� 7%,r'-�e r7,.r y .��3 ��7��;�i�f'�.� � '.•�..f^r _ f r �� .t^ .:�rt � �e,�i k��,s,1�7 � ��,+�h�`' wS X � t �tt s'�*a. ✓. ,� x rF' l .t 41Nrf y � P + -r:• > �" r g^��/`t ,r.�.�i � t ! � .1 r��' 7�'vp y ef••4.,"}'.* '`• v "�� r � `ijA4" �r��«� r°��rs � .�. �r t ,^tn[ 4 yam«" �j F*r �1� �, ti's s ,y"'"C,' !'; r.- Ar sr rr Y �' �i 1° f f �• a +.," i a ! .�r ti t� ,i v i+t'yrt 7t.r • ,`,wr ti: �N, �✓r• '`��, .rf�i',��! " s t{ � � ,� t,�y' 'h v�r t „t"4 „a.� a r, Jam..y .r r• •+ l: a.."� �h"{ r� � �. ��'�e� .V7':t{I e.�lt'�.�'� 7�!'r {k4i..r ,V l / ! lot, C== TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 RECEIVED FEB 2 8 10,84 February 28, 1984 Town Clerk Snu+'-n! 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 February 27, 1984 : RESOLVED to recommend to the Southold Town Board approval of the Wetland Application #175 submitted by En-Consultants, Inc. on behalf of Daniel Silverman to construct a catwalk, ramp and floats and to dredge in Wunneweta Pond, Nassau Point, Cutchogue, with the provision that the size of the 'vessel shall be no more than 32 ft. and the dock is to be moved over 10 ft. to the east so that it will not encroach on the property to the west. Very truly yours, x'7 Henry P. Smith, President Board of Town Trustees ip SOUTHOLD,TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. ✓ ! `� ~l January 17, 1984 Mrs. Judith Terry 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, January 17, 1984 . RESOLVED to recommend to the Southold Town Board approval of the wetland application #174 submitted by Russell B. Case -to remove fragmites and plant grass seed on portion of practice fairway. Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #175 submitted by Eng nnsulta tG . Tnc. nn . �h If of DS-ilymmax-fid F Cartnick to construct dock, elevated catwalk, ramp and two floats. Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #176 submitted by the Land Use Company on behalf of North Fork Property Development to install bulkhead plus two returns and floating dock. Deep Hole Creek, Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland application #177 submitted by The Land Use Company, on behalf of North Fork Property Development to construct a timber bulkhead and two returns plus a ramp leading to a float dock. Deep Hole Creek, Mattituck. RESOLVED to recommend to the Southold Town Board approval of the wetland application #178 submitted by Pirates Cove Marine, Inc. to remove marine railway and construct bulkhead. West Harbor, Fishers Island. RESOLVED to recommend to the Southold Town Board approval of - the wetland application #179 submitted by Enconsultants, Inc. , on behalf of Lewis Edson to construct a timber dock, catwalk, ramp and float. Clearview Avenue, Southold. RESOLVED to recommend to the Southold Town Board approval of the wetland application #180 submitted by Esther & Eric Muehlbauer and Leah K. Indelman to construct floating dock. East Creek, Cutchogue. RESOLVED to recommend to the Southold Town Board approval of the wetland application #181 submitted by Enconsultants, Inc. on behalf of Paul Kelly to replace bulkhead. Great Peconic Bay, Mattituck. Respectfully submitted, FRANK CICHANOWICZ , CHAIRMAN By Jane Moffatt, Secretary I' oj • '�r,.'s+2�..'i j •1i"1 9R$''�'�_•a- �'is3,•.?n� ^+:z1 y'�,.r n..�r,4. J��• -` ' ,-, !L' `',' ,yam G^nf ��•, W.`t1 j'� :` 's''_i' .E•:.:�y'' ?.� 7. . - t� ^ f' L Ss�Kiy.i £'p�/;Y�•'•_::`, '. +.+� ,tt •'7 � f .Y `fit ��L�� N�� ai�'4ky.�wr't'�MF`•, •'�,�,�,�i.�,'_; —11 t`' K r� }.��tx'.1'YY'i e7y�•!�- 1, �i�' �+ �•�" :��= .��'''Nli w.,Ir,1' ;�� •ir! i� (- j. ;5+,+ t,++ P s i��`�� }r "�' f'. �,'1,•,'y:1 e;..;,c��tea.; - � t g4%. :° s;. r e y�5,-- i' ax, +i �°'m`t " '�7`� is•1 iY i :r.-=Zg �It v .L�• r � {`,�e � �, :r - _ •;r;��.�•�a_3� '-'.r,,:y�4t�ro+��_ �,�:a:,,�7�•.yV�{r'" ;+.G:��v ��' 1 �'Si+>•, rte..-, `'J}a� �.� t f � 3s r ire....J.:y��v;�,�t��<�Y�Y-i%' �.��t� 9�"i:-ad•`; N .,� 3 d S. 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