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HomeMy WebLinkAboutTR-6060Board Of $outhold'"Town Trustees SOUTHOLD, NEW YORK PERtvflT NO....LO..6. C) ....... DATE: .~'~a,.~'.~...!.~.L 200' ISSUED TO ._~.~.E.?....~Z.~.....'~....A..%~?.e-..~P;!~:'q.r.~.&..Q~at..e: ............. ut'hnrizati ........ _ provl[ion$ the. State of New Yo~ 1,893, and Ohapter 404 of the Laws of. the ' State of New Yore 19S2, and the Southold Totem Ordinance ' I~'Ie~Y"REGULATING -AND-THB IN AND ON TOWN WATERS AND PUBUC LANDS aml'.fhe REMOVAL OF SAND, GRAYEL.O,R, OTHER MATERIA~M LANDS.UNDER TOWN'WATERS;[.'. and in accordaace with'the Resolution of The Board adopted el a meeting held on .....3_~..n...~ai_7.....t9 ' ~.0.0.~....~, and in consideration of the sum of $..2.5.fZ,~).0. ......... paid by Ka]:et't R3Lvara of .................... ,S.o.~[[~3L~L~i....i;,.../ ........................... N. Y. and ,ubiect to the Terms and Condlfi~,,s hsted on the reverse side of Southold To~' Tr~,'tees authorizes and permits th~ ~/efland Permit for AEROS CULTURED OYSTER to use the existing ~quacuJture dock, preserved for aquaculture, for floating upweller system. A maximum of four (4) units will be secured to floating dock at south end of aquaculture dock. Two small land-besed upweller tanks will be temporarily located on aquaculture dock until greenhouse is improved. Additionally, 30 floating cages will be used to culture shellfish in saltwater pond with the condition that no herbicides, fertilizers, chemicals, or growth regulators will be used, d in ~Ooordiflce ~ the detailed speclf~e, afiofls as presented on the plan submitted by Karen RIvare received December l fi, 2004. IN WITNESS WHEREOF, 11~e said ~ bf Trustees here- by ~use$ ih Corporate Seal to be affixed, ankl fl~,e pre _sgnh to Io~ fiul~bed by ~'m~j.od~' of fie said Boa~! .as ef thh dale. ~Perm!_~c. Karen Riva~a 10273 North Bawiew Road. Southold .... Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 · Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Januaw 19,2005 Kamn Rivam Aems Cultumd Oyster Company 10273 North Bayview Rd. Southold, NY 11971 RE: AEROS CULTURED OYSTER COMPANY SHELLFISHER ROAD, SOUTHOLD SCTM# 79-5-20.12 Dear Ms. Rivara: The Board of Town Trustees took the following action during its regular meeting held on Wednesday January 19, 2005 regarding the above matter: WHEREAS, Karen Rivara as agent for AEROS CULTURED OYSTER applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 16, 2004, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 19, 2005 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, RESOLVED, that the Board of Trustees approve the application of AEROS CULTURED OYSTER to use the existing aquaculture dock, preserved for aquaculture, for floating upweller system. A maximum of four (4) units will be secured to floating dock at south end of aquaculture dock. Two small land-based upweller tanks will be temporarily located on aquaculture dock until greenhouse is improved. Additionally, 30 floating cages will be used to culture shellfish in saltwater pond with the condition that no herbicides, fertilizers, chemicals, or growth regulators will be used, and all as depicted on the plan submitted by Karen Rivara received December 16, 2004. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/hct Albert J. Krupski, President James King, ",'ice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-095' Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ~CF'O$ Cc4~n,¢,)~ O~,~Jr~ Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: //6 has been and the (/) Application Approved (see below) ( ) Application Denied (see below) ( ) Application Tabled (see below) if your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: ~JCJr[~n,( f~r,',,,'~r i~e ~'0 TOTAL FEES DUE: $ c~O SIGNED: PRESIDENT, BOARD OFTRUSTEES TO: Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY 6'OUNCIL TOWN OF SOUTHOLD Southold Town Board of Trustees FROM: Southold Town Conservation Advisory Council DATE: January 11,2005 RE: Recommendations A meeting of the Southold Town Conservation Advisory Council was held Tues., January 11,2005. The following recommendations were made: DISCUSSION AND RECOMMENDATION OF WETLAND PERMIT & COASTAL EROSION PERMIT APPLICATIONS AEROS CULTURED OYSTER CO. to use the existing aquaculture dock, preserved for aquaculture, for floating upweller system. A maximum of four (4) units will be secured to floating dock at south end of aquaculture dock. Two small land-based upweller tanks will be temporarily located on aquaculture dock until greenhouse is improved. Additionally, 30 floating cages will be used to culture shellfish in saltwater pond. Located: 10273 North Bayview Rd., Southold. SCTM#79-5-20.12 The CAC has reviewed the application and recommends a SEQRA review as well as a review of the Peconic Estuary guidelines with regard to aquaculture, before any consideration is given. DEPARTMENT OF STATE Governor Alexander F. Tmadwell Secretary of State Division of Coastal Resources 41 State Street Albany, NY 122314)001 January l6,2001 James W. Haggerty Chief, Eastern Permits Section U.S. Army Corps of Engineers 26 Federal Plaza; 19th Floor New York, NY 10278-0090 F-2000 1083 U.S. Army Corps of Engineers/New York District Permit Application//2000-01610-L2 Aeros Cultured Oyster Co. - deploy 30 shellfish cages Shellfisher Pond Town of Southold, Suffolk County Dear Mr. Haggerty: The Department of State received your January 3'4 letter indicating the above proposed project may be authorized by Letter of Permission. Based upon the information submitted, the Department of State has no objection to the authorization of this proposed project by Letter of Permission. No further review is required by the Department of State. We appreciate your referring this information to the Department of State for review. Siucerely, Christine Nelson Coastal Resources Specialist Consistency Review Unit CN:pm c: DEC/Region I - John Pavacic Aeros Cultured Oyster Co. - Karen Rivara U.S. DepaHa,mnt of Transportation United 6tares Coast Guard Commande~ First Coast C-.-.-.-.-.-.~lrd DIsOtct 408 A~n~ Avenue Boston, MA 02110-3350 S~ff Symbol: (o~n) Phone: (617) 223-8339 FAX: (617) 223-8073 Ms. Kure~ Rivara Aeros Cultured Oyster Company Inc. P.O. Box 964 Southold, NY 11971 16500 7 March O1 You will not be required to obtain a Private Aids to Navigation P=,mit for the floats associated with your aquaculture. As per your specifications, your aquaculture is out of a navigable channel, will be located on private property and is inaccessible to boat traffic. I wish you success in your aquacult~ project. Should you decide to install warning buoys to mark your site at another location, my staff can assist you with the technical details, as well as the Coast Cnmrd's l~zu~tting process. If you have any questions co~ this matter, please feel free to ~ontact Mr. Tony Cdantonio at (617) 223-8339 or via e-mail at Tgiantonio~l I .us~g.mil. Sin~rely, Chief, Signals Management Section First District Aids to Navigation Brauch U.S. Coast Guard " ?ECONIC LAND TRUST (6~I) 283-3195 Fax: (6~.1) 204-0711 ~.peconidandmisrorg January 9, 2001 Mr. James W. Haggerty Chief, Eastern Permits Section Department of the Army NY Dis~et - Corps of Engineers Jacob K. Javits Federal Building New York, NY 10278-0090 Re: Application Number 2000-01610-L2 by Aeros Cultured Oyster Company, Inc. Dear Mr. Haggerty, In response to your letter of January 3'a, I am writing this letter to inform you that Peconic Land Trust, owner of Shellfisher Preserve, has given Aeros Cultured Oyster Company permission to operate a Marine Hatchery/Nursery and deploy Off-Bottom Culture cages. The Trust has reviewed and does approve the enclosed drawings. If you require further information or approvals, please feel free to contact me. Sincerely, Pamela S. Greene Stewardship Coordinator Enclosures O~.DIHANCS AND YIOLATIONS PeconXc Land Trust, Southampton, NY 11968 hereinafter referred to as LANDLORD, and Aeros Cultured Oyster Co~pany, Inc., PO Box Southold, NY 11971 hereinafter Jotz~tly, severally and collectively referred to as TENANT. day of December, 200319 , between Incorporated, PO Box 1776, 296 Hampton Road, 964, ~, that the Landlord hereby Ise~m to the Tenant, and the Tenant hereby hires and iake~ from the Landlord those certain areas marked on the map attached hereto ~ and made a part hereof as Exhibit C in ~eb~m~a~--know. as Shellfisher Preserve, located north of North Bayview to be u~d a.d ~co. pied by ~e°~edn&ntS°uth°ld' NY (SCTM ~1000-79-5-20) solely for those uses described in the' Scope of Work described in Exhibit B, attached hereto and made a part hereof. and for no other purpose, for a term to commence on ~.TEieuary 1, 2004 19 , and to end on December 31, 20~J~ . unless sooner terminated as hereinafter provided, at the ANNUAL RENT of See Rider all payable in equal menthly instalments in advance on the first day of each and evseF e~lendar month during said term, except the first instalment, which shall be paid upon the exe~ hereof. THE TENANT JOINTLY AND ~mVF,~ALLY SECOND.---Thai. throuF, hout said term the Tensu~'~ care of the demised premises, flxtvrrs and appur- tenances, and all alterations, additions and tmpeeveme~ ~"fl~' ;.make all repal~ in and about the same nseses~ry to preserve them in good order and eendition, which repairtl ~ ~jtt quaHt~ and dams, equal to the original work; promptly pay the expense of such repairs; suffer no waste or~] [~.~re prompt ootico to the Landlord of any fire that may oec~or; execute and comply with all laws, rulq% orde~ ,* ~l~l~l~ils and re~ulations at any time issued or in force (except those requlrln~ structural alterations), appll~l~e tx ~ .~ln~i~preml~m or to the Tenant's occupation thereof, of the Federal, State and Local Governments, a~ll~ ~ e~ ~r .ann'S_very department, bureau and official thereof, and of the New York Board of Fire Underwritere;'~.~lt a[~tlltlm'rs ~urin~ usual business hours, the Landlord and repre- sentatiYes of the Landlord to enter the delnb~l~rem M ~x~ p~rp~ of inspection, and to exhibit them for purpose~ of sale or rental; suffer the Landlord to m.'~'t~q~ai~ s~- ~dt~dt~o~e~nents to all parts of the building, and to comply with all orders and requirements of ~overnmental autht~t~ s--l~ld~e~ said bulldln~ or to any occupation thereof; suffer the Landlord to erect, use, maintain, repair and repla~l~l] e~ ~d?~l~. in the demised premises and to the floors above and below; forever fndemntt~ and save harmlese the La~ rf-[~l~ It~1~'ainst any and all liabllti~, penalties, damages, expenses and jud~nents ari~n~ from tnJury during Isaid_torm~'~ 1~ ~l~f% ~ropert~ of any nature, ocousloned wholly or in part by any act or acts, omission or omissions of the Tenant,~ ( [%~g~p~loyees, ~ a~nts, asat~na or undertenant8 of the .Tenant and also for any matter or thtow wrowtu~ out% ~ :l~o~[tlpatlon of the demised premL~m or of the streets, sidewPJks .... ~** .d~.~nt thereto: permit, durlnw the six monl~ ~ ~_to the expiration of the term the usual notice "To Let" 14. reasonable time to demonstrate the ongoing activities at the sit~ to potemial tenanis This Lease, including the Cove~ sheet and attached Rider to l~ease Agreome. m, betwee~ the Landlord and the Tenant constitutes the complete un~g and agreement between the p~ies taxi supersedes any and all prior oral or Vrir~en agreements and understandings and the modification, waive~, or am~xlmeot ~f any provision hereof shall not be valid unless made in writing and signed by duly a~thorized x~mtafives of all parties hereto. This Lease has been executed in duplicate, and a copy of the Le~se will be maintained by both Landlo~i and Temmt, ami each oopy shall operate as the origami, undisT~i ~o1~. 15. This Lease is made in and shall be governed by the laws of the S~te of New York. 16. In the event of any conflict between the temm of this rider and the lease form, the ~ of this rider shall control. IN WITNESS WHEREOF, the p~rties have hereunto set their hands as of the day and year first written above. FOR PECONIC LAND TRUST I~OR TENANT. . Kar~n Rivm'a, President, Aeros Cultured Oyster Company, Inc. I~ew York State Department of Environmental Conservation Division of Fish, Wildlife & Marine Resources Bureau of Marine Re~ourr, es 205 North Belle Mead Road, Suite 1, East Setauket, New York 11733 Phone: (631) ~.~430 · FAX: (631) ~.~.~. 0434 Wel~ite: www.dec, state, ny.us MARINE HATCHERY PERMIT Permit Amendment Permit No. 25-P Pursuant to the provisions of Section 13-0316 of thc Environmental Conservation Law and Part 48 of Title 6 of the Official Compilation of Codes, ROles and Regulations of the State of New York, Marine Hatchery Permit No. 25-P, issued to Acros Cultured Oyster Company, Inc. on December 8, 2000 is hereby amended as follows: Hatchery Location: The new location of the marine hatchery is Shellflsher Preserve, 10273 N. Bayview Road, Southold, New York. Marine Hatchery activities hereby permitted shall include the use of the North end of the Quonset Hut located at the Sbellfisher Preserve and deployment of FLUPSY Upwelllng Systems at an adjacent lagoon located on the property. C01adition No, 1 - S~ies to I~ raised. ~ouosed or bred: Add the following: Blue mussel (Mvtilus ednlis) Soft clam (Mya arenatia) Razor clam (Ensb direetqs) Add Condition No. 3: This permit approval is contingent upon the permittee's written consent of the Peconic Land Trust. All other provisions and condilions of Marine Hatchery Pemdt No. 25-P remain in full force and effect. Biologist 2 Marine DATED: March 8, 2001 Z DEPARTMENT OF THE ARMY NEW YORK DI~TRIGT, GORP~ OF ENGINEERS NEW YORK,, N.Y. 10278-0090 Eastern Permits Section February 20, 2001 SUBJECT: Department of the Army Permit Number 2000-01610 Ms. Karen Rivara Aeros Cultured Oyster Company, P.O. Box 964 Southold, NY 11971 Inc. Dear Ms. Rivara: We have completed our review of Application Number 2000- 01610-L2. Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), you are hereby authorized by the Secretary of the Army: ACTIVITY: To seasonally deploy, in an artificial tidal pond, up to thirty 3 foot by 3 foot by 1 foot floating coated wire mesh cages. All work shall be performed in accordance with the attached drawings and Special condition (A) which are hereby made part of this permit. WATERWAY: an unnamed lagoon off Shelter Island Sound LOCATION: Town of Southold, Suffolk County, New York The activity authorized herein must be completed within three years of the date of this permit. This authorization is subject to the enclosed conditions. Please find enclosed two forms to be used to submit to this office, as required, the dates of commencement and completion for the authorized activity. Also enclosed for your information is a Notification of Administrative Appeal Options. The authorized activity must be performed in accordance with the enclosed plans. If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted to the District Engineer. These plans must receive the approval required by law before work begins. If any questions should arise concerning this matter, please contact Sophie Ettinger, of my staff, at (212) 264-3912. Enclosures Sincerely, Engineers District Engineer Appendix A ~, ,- State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT Purpose: The full EAF is designed to help applicants and agencies determine, in (~rd~roje( or action may be significant. The question of whether an action may be significant is, ,~. s ~.~'~. Frequeq Iy, there are aspects of a project tha~ are subjective or unmeasureable. It is also ur .............. ...... ,,~e who Oet~ ~ '~':'~'- ' ' 'ermine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware o~ the broader concerhs affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range ol~ possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially. large ImpacL The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: {~ Part I C) Part 2 I-IPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact~ it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the prolect could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because t~e mitigation measures described in PART 3 have been required, therefore · CONDITIONED nesative declaration will be I~'epared.* C. The project may result In one or more large and important impacts that may have a significant impact on the environment, therefore · positive declaration will be prepared. * A Conditioned NegaUve Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparerilf different from responsible off iced Date 1 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTIC& This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through F. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full FAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. BUSINESS TELEP~ON E i I Ylm / · BUS~NEg,S~TELEPHON E Plear~ Complete Each question--Indicate N.A. if not applicable A. Site De$oriptlon Physical setting of overall project, both developed ,~nd undeveloped areas. 1. Present land use: OOrban nlndustrial F1Forest I-IAgric~Jture 2. Total acreage of project area: 19, ~ acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 2S of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads. buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site~' a. Soil drainage: DWell drained % of site I-IPoorly drained __ % of site OCommerci~,l FIReside, nti~J (suburban) [:3R~4ral (non-farm) rOther yre r [P_ PRESENTLY AFTER COMPLETION acres acres acres '~'. / acres I-IModerately well drained % of site b. If any agricultural land is InVOlved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification Systeml acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project sltel E]Yes '~o a. What is depth to bedrock! . (in feet) 2 5 ,~pproxin~ate percen'tage of proposed project site with slopes' [:30 10% , %. [310-15% __ _ % [::)1S% or greater % or,rain a 6 Is project substantially contiguous to. building, site. or district, listed on the State or the National Registers of Historic Places? [3Yes o 7. Is project substantially contiguous to a site-li~,te4 on the Register of National Natural Landmarks? [:]Yes ~',~ § What is the depth of the water table. ~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [~Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? '~es [:]No 11. Does project site__contain any species of plant or animal life that is identified as threatened or endangered? [~Yes '~',1 o According to Identify each species 12. Are there any uniqU/eoOr.~ unusual land forms on the project site? li.e., cliffs, dunes, other geological formations) [3Yes Describe 13. Is the project sit~/presently used by the community or neighborhood as an open space or recreation area? [3Yes "~No If yes, explain 14. Does the prese~ite include scenic views known to be important to the community? [3Yes ~l~No 15. Streams within or contiguous to project area: / ,~/r~t~ ~-~ a. Nacne .o,f,,.Stre. am and,~ame oi,River to,which i~is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name -~ he/ / ~f~[~'5 ~/Le f/ ~-~ ~ ~ ~f)q 17. 18. 19. 20. Is the site served by existing public utilities? [-]Yes '~o a) If Yes, does sufficient capacity exist to allow ¢onnectiont' b) If Yes, will improvements be necessary to allow connectloni' b. Size (In acres) [3-1Yes I'-INo [3-1Yes [3No Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? E]Yes [3No Is the site located in or substantially contiguous~to a. Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617i' I'lyes Has the site ever been used for the disposal of solid or hazardous waste, si' OYes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate), a. Total contiguous acreage owned or controlled by prolect sponsor ' ~ acres. b. Project acreage tO be developed: ~/' ~ acres initially; ~, ~ '" acres ultimately. c. Project acreage to remain undeveloped ~' (~ acres. d. Length of project, in miles: /V'/~ (If appropriate) e. 'If the project is an expansion, indicate percent of e~pansion proposed /~, %; f, Number of off-street parking spaces existing ,.~_/_.~; proposed g. Maximum vehicular trips generated per hour /V/~-- - (upon' completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially A ( I~. Ultimately L Dimensions (in feet) of largest proposed structure I~11' height;. ~Z-i~L wi~:c~th; /~C~ length. j. Linear feet of frontage aloh& a public thoroughfare prolect will occupy is~' ~ ft. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? [:]Yes a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? F_]Yes DNo tons/cubic yards c. Will upper subsoil be stockpiled for reclamation? [~Yes [:]No How many acres of vegetation (trees, shrubs, ground covers) will be removed'from site?~/ acres. Will any mature~orest (over 100 years old) or other locally-important vegetation be removed by this project? OYes ~o If single phase project: Anticipated period of construction .. months. (including demolition)· ONo year, (including demolition). year. If multi-phased: /f~/~.~ a. Total number of phases anticipated (number). b. Anticipated date of commencement phase I month . c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? OYes 8. Will blasting occur during consti'uction? OYes 9. Number of jobs generated: during construction~__~', after project is complete 10. Number of jobs eliminated by this project Will project require relocation of any projects or facilities? OYes ~'qo If yes, explain ./ 12. Is surface liquid waste disposal involved? OYes 1~1o a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes ONo Type j~//,'~ 14. Will surface area of an existing water body increase or decrease by prop~spl?~ OYes I-INo Explain ~J~ 15. Is project or any portion of project located in a 100 year flood plain? I-lYes 16. Will the project generate solid waste? ' OYes a. If yes, what is the amount per month tons b. If yes, will an existing 'solid waste facility be used? OYes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste~' OYes a. If yes, what is the anticipated rate of disposaR b. If yes, what is the anticipated site life~' years. Will project use herbicides or pesticides? [:]Yes '~o tons/month. 18. 19. Will project routinely produce odors (more than one hour per day)? OYes ~it~o 20. Will project produce operating noise exceeding the local ambient noise levels? OYes 21. Will project result in an inc, reas~ in energy use~. ]ii,Yes OHo If yes, indicate type(s) e/qc "d 22. If water supply is from wells, indicate pumping capacity ~J///~r- gallons/minute. '~/~'~ 23. Total anticipated water usage per day ,/~././~' gallons/day. 24. Does project involve Local, State or Federal ~unding? I-lYes ~'~o If Yes, explain 25. Approvals Required: Submitlal Type Dale Cra/, Town, Village Board ~Yes []No City, Town, Village Planning Board OYes C~ty. Town Zoning Board OYes [:]No City, County Health Department OYes [No Other Local Agencies [~Yes ONo Other Regional Agencies OYes 5ta,e Agencies ~es C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? C]Yes Ii Yes, indicate decision required: [~zoning amendment I-Izoning variance ~lspecial use permit Osubdivision Onewlrevision of master plan Oresource managemen~n f~other What is the zoning classification(s)of the site? ~(~_.~'i,,~ r,.~.~ ~-~/~ Osite plan 3. What i~ the m, aximum potential development of the site if developed as permitted by the preseqt zoning? ' 4. What is the proposed zoning of the site? $. W?t is the maximum ~tential development of the site if developed as permitt~ by the proposed zonin~ 6. Is the pro~s~ action consistent with the recommended uses in adopt~ local land use plans~ ~es 7. What are the pr~ominant land us~s) and zoning classifications within a % mile radius of pro~sed action? 8. Is the pro~s~ action compatible with adjoinin~surrounding land uses within ~?/~ile? ~Yes ~No 9. If the pm~sed action is the su~ivision of landa how many Io~ are pro~sed? ~/~ / · a. What is t~ minimum lot size pro~s~ 10. Will pro~s~ action require any aut~rizatio~s) for the formation of sewer or water distric~t ~Yes ~o 11. Will t~ pro.sod action cre~ demand for any communi~ provid~ so.ices (recreation. education, police. fire pmtectlon)~ ~Yes ~No a. If yes, is existing capaci~ sufficient to handle project~ demand~ ~Yes ~No 12. Will the propo~ action result in the generation of traffic significantly above present levelst ~Yes a. If yes, is the existing road ne~o~ adequate to handle the additional traffic~ ~Yes ONo D. Informational Details Attach any additional information as may be needed to clarify your project· If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or E. Verification I certify that the information_ ~.- provided above is true to the best of my knowledge. - / If Ibc action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 MARR, IE SCIENCES RESEARCH CEN l~zR. STATE UNIVERSITY OF NEW YORK. STONY ]BROOK. N.Y. 11794-5000 REPLY TO: Bassem Allam (631) 632-8745; fax (631) 632-8915 Bassem. Allan~stonybronk.edu J~uaryl8,2~5 To Wkom It May ~: Incessant urban developmmt and associated pollution, as well as fishery pressure, have caused the depletion of marine resources in several places around the nation, particularly in New York State. Hard clam production in Great South Bey has fallen to a f~w percemages of its levels in the mid 70's, and scallop yield in the Peconic em~r~fly reprasonts less than 1% of uefional bay scallop production, while it had averaged around 20% in the early 80's. ~here am m~y other such examples. This decrease in bivalve stocks causes major shifts in marine ecosystems, because these organisms filter seawater for microecopi¢ food, thereby improving the quality of surronnding water. 1 strongly support the request of Aeros for a Wetlands Permit. My support derives from two different motivations: When it comes to aquaculture, it is essential for rasearchen to be able to work with experienced industry members. These personnel are in direct contact with the resource, thesefore they are often the first to disc, ern problems or notice improvements. Also, because equaculturists lfave a significant portion of their capital invested in their crops, they generally have the most incentive for vigilant and continuous survey of the aquatic environment. Aeros is the only commercial operation in the Peconics that produces shellfish from hatchery to market-size animals. This is essential for projects concerned with improving shellfish stocks. Aeros is currently revolved in several projects aimed at protecting marine resources and devalopmg enhanced stock vmietias. Mrs. Rivara is an invaluable partner for ongoing research at my laboratory. The second reason is more fundamental and relates to improving the environment through shellfish aquaculture, which I believe should be a priority for areas like the Peconic Estuary. Aquaculture of bivalve mollusks, an environmentally friendly activity, is becoming an increasingly important aspect of the fisheries of such species on the US East Coast Ecosystem restoration effom often rely on shellfish aquaculture. I truly believe that M~. Rivara is an indispensable component of the equaeultural community in New York and I have no hesitation in supporting her application. I sincerely hope that the Town of Southold will grant Aeros a Wetlands Permit. Please do not hesitate to contact me if you have any questions regarding lifts letter or if you would like to further discuss lifts issue. Bassem Allam Assistant Professor Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickersot~ Town Hall 53095 Route 25 P.O. Box 1179 Sout bold, New Yo.~k. 11971-0959 Telephone (631) 765-1892 Fax (63D BOARD OF TOWN TRUSTEES TOV~rN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~etland Permit Application ____ Administrative Perrrdt Amendment:Wrans £er/Extcnsion ~ece~Tved Applicati~O-~ , _ ~?rS'~mpleted ApplicaiT6'W t ~ l t W le, J3~ ~lnco~lete ___SEQ&{ Classification: T)~e I T~e I~Unlisted .... Coord~tion:(date sent) ~C Refegal Sent:~. ~Receipt ofCAC Repo~: ~Lead Agency Detemfination: TecMfical Review:~_~ --~lic Hearing Held: l/lTJUn Resolution: Board of Trustees Phone Number: Suffolk County ]'ax Map Number: 1000 cO. LIL I ~;De LILCO rSl~d~ [o crosgstreets, ~d AGENT:~3 ~1 VaC~ (If applicable) Address: Board of Trustees Application Land Area (in square feet): Area Zoning: ~-t40 GENERAL DATA t~.~ acfe'~ Previous use of property: 5['Ltl[fl.~ Intended use of property: 3j~//r~t.'~J9 Prior permits/approvals for site improvements: __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or susp. en~led by a governmental agency? _~No Yes If yes, provide explanation: Project Description (use attachments it'necessary): -I 'Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA. Purpose of the proposed operations: '~ ~,/d/7//~/,~ ~ LgJ2~///'/,~Jq ~ Area of wetlands on lot: square feet Percent coverage of lot: ~ ~ % Closest distance between nearest existing structure and upland " edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No Yes If yes, how much matel~al will be excavated?, cubic yards How much material willie filled? cubic yards \ Depth of which material wl~ be removed or deposited: Proposed slope throughout th~area of operations: Manner in which material will I~e removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): ~ Board'of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMiI(S) AND THAT ALL STATEMENTS CONTAINED HEREiN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE iN THE M.adNNER SET FORTH iN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO iNSPECT THE PREMISES iN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS Notary Pub~) MELANIE OOR0$KI NOTARY PUBLIC, State of New ~ No. 01D04634870 Otmlifieci in Suffolk County ,),~,~ ~ Camn~ E~ires Septembw 30,/ 617.20 PROJECT iD NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 3.PROJECT LOCATION: ~z~ AJ. Municipality ~ ~ O ~ ~ County ~ I ~ SE(IR 5.'8 PROPOSED ACTION: [] New []Expansion E] Modification / alteration 6. DESCRIBE PRa,~ECT BRIEFLY: L[..~--~ ~--)~'1.'~'~ ~'1 7. AMOUNT OF LAND AFFECTED: Initially ~ acres Ultimately ~.~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~'Yes [] No It no, describe bdefly: g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~'Residential []lndustrial r~lcommercial ['~lAgrlculture'~Park/FomstlOpenSpace { J~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~]Yes r-"~No If yes, list agency name and permit / approval: 11. DOES ANY AS ECT E ACTI AVE A ~URRENTLY VALID PERMIT OR APPROVAL?/r'~j ~/--g/" ~ f~,/~/~l ~;~/, ~Yes I~lNo If yes, list agency name and permit/ approval: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name -~ Date If the action Is a Costa) Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be compJeted by Lead A~enc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAr. [--]Yes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT tN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing ai~' quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, histodc, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation'or fauh'a, fish, shalifish ~r wildlife species, signi~ca'nt hal~flats, or t~matsned or entia~ge~od *~e¢ies? Explain b'riefly: C4. A community's exi~iing plJ:ns or goals as officiaily adopiedl o~' a change in us~ or in'ter[sity or use o~ land or o~' naiural resources? ~xplain briefly. C5. Growth, subsequent de~elopmenil or relatsti activitie* iikely to tie intiuced by the proposed action? Explai'n hri*fly: I ...... C~. kongterm shortterm oumulahve orothoreffoctsnot~dentifiodmC~ C57 Explain briefly C7. (~ther impacts lincluding chanties in use of either quantit~ or t~pe of energy? Explain briefly! l D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E~]Yes E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ,~es explain: r-lYes PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectident~~edab~ve~determinewhetheritissubstantia~~iarge~important~r~therwisesignificant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) pmbal~ility of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adeqcetely addressed. If question d of part ii was checked yes. the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or mom potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive declaration, Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi.~ determination. Name of Lead Agency Date Title of Responsible Officer Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING Th_at on me/~J'day..of_~m , 20~, I personally posted the property known as by placing ~e Bo~d of Trustees official poster ~vhere it c~ easily be seen, ~d that I have checked to be s~e the poster has remained in place for ei~t days phor to the date of the public hemng. Date of hearing noted ~ereon to be held Dated: (silage) Sworn to before me this \~ day of~2x:~. 200~-- Notary Public BARBARA ANN RUDDER Notary Public, State of New York No. 4855805 Qualified in Suffolk Counr~. Commi,,$ion Explrel April NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOL. D In the matter of applicant: YOU ARE HEREBY GIVEN NOTICE: SCTM# That it is the intention of the undersigned to request a Permit from the Board of Trustees 2. That the property which is the subject of Environmental Review is lo~ated adjacent to your property and is described as follows: 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: . You may contact the Truatee~ Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same propoaaL Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK ]~1'~,~ ~///~/~ , residing at /~0,kT~t3 /~/d~4~/.//f]'~x_J ~/ %~.~..~.,,[(y[i ]LL[ , being duly sworn, deposes and says/that on the ' ~' ~,vt~ /lay of 04 (2e, vn.laX~, 20/f~., deponent mailed a true copy of the Notice set forth, in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post O~ffice~,~ O/tr~ ,/~ , that said Notices were mailed to each of said persons by ceni,~ (registered) {naiff Sworn 'o before me this Day r - Nota(~p~lic M~,..ANIE OORO$~I #0TARY PUBLIC, State of New Yait No. 01004634870 Qualified in Suffolk County. _ Commission E~oir~ Sectemb~ 30~ 12/03/2803 81:56 53128a8711 ~CONIC LaND ~RUST PaGE 81 ?ECONIC LAND TRUST Addresses for adjacent pro_ueFtv owners: 1000-79-5-2.15, 3000-79-5-2.14 John Hurtado He is tn contract with Town of Southold- they are purchasing as open 3 Friends Way and day now! St. James, NY 11780 1000-79-5-2. I l Virginia Principi 109a. North Bayview Road Southold, NY 11971 1000-79-5-2.10 James & Michael Collura 25 Heather Lane New Hyde Park, NY 10040 1000-79-5-2.9 Clifford & Ruth Comell 1094 North Bayview Road Soulhold, NY 11971 1000-79-5-2.8 Lorraine & Clifford Cornell, Jr. 22 Wright Road Rockville Centre, NY 11570 ! 000-80-3-2 I. 1 Rcydon Shores Property Owners Assn. Inc. 68 Lake Drive $outhold, NY 11971 1000-80-3-2 Charles & Lynn Hill 65 Lake Drive White Plains, NY 10605 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: YOU ARE HEREBY GIVEN NOTICE: SCTM# lO00 - 7'-q- 5 ' 20.2__ That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Ob{-CU'-n TOw~ o~' ~OvC'CVtotd ~a.rC( ~ Trots~-~ permOk 4by- 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3. That the project which is subject to Enviromental Review under Chapters 32, 37, ~or 97 of the Town Code is open to public cogent on:~am~ [(W~ ~JOO(D. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Enc: Copy of sketch or plan showing proposal for your convenience. SCALE $.80,000 NautiCal M,res