HomeMy WebLinkAboutTR-4772Proper-T Permit Services
POST OFFICE BOX 61Z CUTCHOGUE, NEW YORK 11935-0617
1'OWN Of SOUTHr,
October 22, 1997
~516;' 734 -5800
President
Board of Town Trustees
Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Requested Am~ndmont to Pmmit No. 4772; ;lam~ MTdler, SCTM #1000-81-3-19.4
Dear Sir:
Wc request that thc refercnccd permit be amtn~ded as to thc location of thc platform to be used
to suplx~ thc heron sculpture.
The Corps of Engineers suggested, and thc NYSDEC required, that thc structure be locatcd
above thc high water mark. Thc amcnded lh'ojcct Plan, enclosed, shows this new location.
If you have any questions or nccd anything dsc, plcasc call mc.
Enclosure:
Project Plan (Rev 10/22/97)
a subsidiary of
THE PECONIC EASTERN CORPORATION
1000-81-3-19.6
JOHN PETROCELD
250 MANOR ROAD
HUNTINGTON NY 11743
1000-81-3-19.4
JAMES MILLER
1610 PARADISE POINT ROAD
SOUTHOLD NY 11971
1000-81-3-20
ROBERT GILBERT
PARADISE POINT ROAD
SOUTHOLD NY 11971
STREET ADDRESS OF PROJECT SITE:
1610 PARADISE POINT ROAD
SOUTHOLD NY 11971
CORPS OF ENGINEERS DATA
PURPOSE: Construct small platform on top of the end
an existing wood groin to support art sculpture.
DATUM: MLW
IN: Shelter Island Sound AT: Southold
COUNTY: Suffolk STATE: New York
~O,~LL
THERE ARE NO VEGETATED WETLANDS IN
THE PROJECT SITE: J.E. FITZGERALD. JR.:
6/17/97.
YN OF
PROJECT I'LAN
Application regarding the property of
James kfiller, SCTM #1000-81-3-19.4
Represented b~
PROPER-TPERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
~15[~'1'~E~ ~0~:~-~ July 16. 1997
Board Of $outhold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO. q 7 7~,..
DATE: ....8/4/97
ISSUED TO ...... JAMES..MI.LLER.
Authorization
Pursuant fo the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of fha Laws of the
State of New York 1952; and the Soufhold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on ?/30/9'~
19 92 , end in consideration of the sum of $ 150.00 paid by
Proper-~ .Services for. JAMES MILLEK ............
of ....Southold .. . N.Y. end subiect to the
Terms and Conditions listed on the reverse slde hereof,
of Southold Town Trustees authorizes and permits the following:
Wetland Permit to install a metal sculpture on a plat£orm situate
over the end of an existing wooden groin on his property one
two feet above ordinary high water supported by 4 to 6 piles.
all in accordance with the detailed specifications as presented in
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes its Corporate Seal to be affixed, and these presents to
be subscribed by a majority of the said Board as of this date.
Albert J. Krupski, President
John Holzapfel, Vice President
Jim King
Martin H. Gan'ell
Peter Wenczel
Town Hail
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 4; lgq7
Prnper-T Services
James Fitzgerald
P ~. Box 617
Cutchogue NY 11935
Re: JAMES MILLER
SCTM ~81-3-19.4
Dear Mr. Fitzgerald,
The following action was taken by the Board of Town Trustees
during its Regular Meeting held on July 30, 1997, regarding the
above matter:
WHEREAS, JAMES MILLER, applied to the Southold Town Trustees
for a permit under the provisions of the Wetland Ordinance of
the Town of Southold, application dated July 14, 1997, 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 July 30, 1997, 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 c~.pties with the standard set forth in
Chapter 97-18 of the Southold Town Code,
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety and general welfare of the
people of the town,
NOW THEREFORE BE IT~
RESOLVED, that the Board of Trustees approves the application of
JAMES MILLER to install a metal sculpture on a platform situated
over the end of an existing wooden groin on his property, one or
two feet above ordinary high water supported by 4 t~ 6 piles.
Located: 1610 Paradise Point Landing, Southold.
BE IT FURT~IER RESOLVED that this determination should not be
considered a determination made for a~y other Department or
Agency which may also have an ~pplication pending for the same
or similar project.
Permit to construct and complete pro~ect will ex~ire two years
from the date it is signed. Fees must be paid, if applicable,
and permit issued within six months of the date of this
notification.
Two inspections are required and the Trustees are to be notified
.upon completion of said project.
FEES: None
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc. DEC
Dept. of State
ACE
Telephone
(516) 765-1801
Town Hall. 5;1095 Main l~oad
P.O. Box 1179
Son,hold. New York 11971
$OUTHOLD TOWN
CONSERVA.TION ADVISORY COUNCIL
The following recommendation was passed by the Southold Town Conservation
Advisory Council at its July 28, 1997 meeting:
No. 10.73
Moved by Kenneth Meskill, seconded by Mary Griffin,
to TABLE the Wetland Application of JAMES MILLER 81-3-19.0. to construct
platform on top of the end of an existing wood groin The proposed platform
will support a metal sculpture approximately 35' tall and 5~ in diameter. The
platform will be less that 60 square feet in area, and will be either square or
hexagonal in shape and be supported by the existing piles at the seaward end
to the existing groin, plus up to four additional piles installed within the 60
square foot area centered on the end of the existing groin.
1610 Paradise Point Rd., $outhold
The CAC tabled the application pending more details concerning the structure
and aesthetic value of the structure. (Wetlands 97-11)
Vote of Council: Ayes: All
Motion Carried
Tel. (516) 765-2259
Jerry Callis, D. V. M.
2350 Paradise Point Road
P.O. Box 537
Southold, New York 11971
U.S.A.
Fax (516) 765-4640
July _30, 1997
Hearing Officer
Southold Town Hall
Southold, N>Y>
Dear Recipient,
lJntbrtunately it will not be possible for the writer to attend the meeting or hearing this evening
relative to placing a 30 to 35 foot piece of sculptor on a jetty at the edge of the water near
properly belonging to Mr. Miller on Paradise Point Road. I wish it were possible to attend thc
hearing, and perhaps [ could learn more about the reason fbr this location. I do not think it will
add very much ~.o the area. Quite to the contrary, it will provoke curiosity and invite people to
come down the beach to see it. Alternatively, why not place it on Public property at a museum,
perhaps at the Maritime Museum in Greenport, after appropriate approvals of the public and
private citizens involved..l do not see that it will add very much to the beach between Cedar
Beach and Paradise Point, and I thus vote against approval.
July 22, 1997
Board of Trustees
Southold Town Board
Town Hall
Main Road
Southold, NY 11971
Gentlemen:
As a property owner living on Paradise Point Road, I would like to cast my vote against
the installation of a statue of a "heron" along our shoreline.
While I am sure the "heron" is a beautiful statue, and Mr. Miller is kindly offering to share
it with us, I much prefer the sweep of sandy beach from Cedar Beach to Paradise Point in
its' natural uncluttered state.
Mr. Miller is perfectly welcome to place the statue on his private property, but I would
much prefer he not place it on the end of a jetty extending out into the bay, where it will
attract sightseers in boats, making swimming hazardous and destroying the peace and
tranquillity of the shorefront.
Sincerely,
Rut h~,,eyer
ROBERT L. STOTT, .JR.
3 EAST 77TH STREET
NEW YORK, NY )0021
Proper-T Permit Services
POS~ OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
President
Board of Town Trustees
Town of Southold
Town Hall, 53095 Ma'm Road
Southol& New York 11971
July 10, 1997
(5161734 -5800
Re: Application for Permit on Behalf of James IX.filler
Dear "·
Sa-.
Attached arc documents which have been prepared in support of the application for a permit to
construct a platform at the end of an existing wood groin at the property of James Miller in the
Town of Southold.
Proper-T Permit Services represents IX, h'. Miller in this matter, and a letter of authorization is
part of this submission..
Il'there are any questions, or ii'additional information is needed, please call me.
/~esE5 es E. Fitzger~a~[?r., ~,~"h
Enclosures:
Application Fee ($150)
I_etter of Authorization
Notarized Statement of Applicant
Notice to Adjacent Property Owner
Proof of Mailing Notice
Application Form (3 copies)
Short EAF (3 copies)
Vicinity Map (3 copies)
Tax Map I (3 copies)
Tax Map II (3 copies)
Survey of Property (3 copies)
Project Plan (3 copies)
Section View (3 copies)
Project Site Photos
a subsidiary of
THE PECONIC EASTERN CORPORATION
Proper.-T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
President
Board of Town Trustees
Town of Southold
Town ttall, 53095 Ivla'm Road
Southold, New York 11971
Re: Proiect of James Miller; SCTM #I000-81-3-19.4
June 13, 1997
1 734-5800
JUN20 1997
[OWN OF SOUTHOLD
Dear Sir:
James Miller has acquired a significant work of art executed by a prominent .~nerican artist and he
wishes to d/splay the piece, in a setting natural to its subject, on his property in Southold. The an is a
sculpture, in metal, of a heron standing erect with its beak pointing skyward. It is three-dimensional,
and is structured of many thin rod-like metal members, giving the sculpture translucency and a light-
ness characteristic of the bird in life. Its overall height is about thirty-five feet.
Mr. Miller would like permission to install the sculpture on a platform situated over the end of an ex-
isting wooden groin on his property which borders Southold Bay. The platform would be about an
eight foot square or hexagon, and its surface would be at a level one or two feet above ordinary high
water. The platform would be supported by four or six piles and would be open to permit normal tidal
action beneath it. It would appear that the land upon which it is proposed to erect the platform is
owned by the State of New York. Non-objection will be sought from NYSOGS
Proper-T Permit services represents Mr. Miller in this matter and a letter of authorization is enclosed.
Additional intbrmation is provided m the enclosures. We would appreciate receiving your approval of
this project. If you require further specific information, please call me.
Enclosures:
Vicinity Map
Tax Map I (showing project site)
Tax Map II (showing NYS ownership of land)
Section View
a subsidiary of
THE PECONIC EASTERN CORPORATION
NEW YORK STATE OWNERSHIP
OF UNDERWATER LAND
TAX MAP II
Appli~alion regarding thc properly of
James Miller, SCTM-~1000-gl-3-19.4
Represented b
PROPER-TPERMIT S~RVICES
P.O. Box 617, Cutchogue, NY 119J$
James E. Fitzgerald, Jr. 516-734-5800
June 13, 1997
THE SITE OF THE PROPOSED
PROJECT IS CROSS-HATCHED
TAX MAP I
jApplicaO.on rcgardingthc propc_rt~d, of
ames Miller, SCTM~I00~)-81-3-19.4
Represented by
PROPER-TPERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
June 13, 1997
I~/
//
//
///
//
/
J
SOUTHOLD
BA Y~
PROJECT IS CIRCLED
Uedar Beach Potn~
.~ SHELTER ISLAND SO
West Neck
VICINITY MAP
Application rc~ardingthc prop _e~. of
James Miller, gCTM~dI000o81-3-19.4
Represented by
PROPER-T'PERMIT SERVICES
P.O. Box 617, Cutchogu¢, NY 11935
James E. Fitzgerald, Jr. 516-734~5800
June 13, 1997
/
SOUTHOLD
BA Y~.
./'
Cedar B~ach P~nt
T.HE AREA OF THE PROPOSED
PROJEGI' S C RCLED [ ~',s~ ri, v, P~
\
SHELTER ISLAND SO
'~..........~.J
VICINITY MAP
Applica~.o.n rcp.,ardingth¢ prop_cOy of
James Miller, S'CTMT~ 1000-81-3-19.4
Represented by
PROPER-T~PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
June 13, 1997
CORPS OF ENGIIxrEERS DATA
PURPOSE: Construct small platform on top of the end
an existing wood groin to support art sculpture.
IN: Shelter Island Sound
COUNTY: Suffolk
DATUM: MLW
AT: Southold
STATE: New York
PROJECT PLAN
Application regard'rog the property of
James Miller, SC'ITvl #1000-81-3-19.4
Represented b
PROPER-T PERMIT S~RVICES
PO. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
June 13, 1997
THE SITE OF THE PROPOSED J
PROJECT IS CROSS-HATCHED J
TAX MAP I
Application regarding the prop¢_riy_ of
James Miller, SUTM-#100O-81-3-19.4
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchogue, NY I 1935
James E. Fitzgerald, Jr. 516-734-5800
June 13, 199'/
NEW YORK STATE OWNERSHIP
OF UNDERWATER LAND
TAX MAP I1
Application rcRardin~ thc l~ropcrl~ of
~amcs Miller,
Represented by
PROPER-TPERMIT SERVICES
P.O. Box 617, Cutehogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
June 13, 1997
CM/CV Ch 6 - Cedar Island Marina, Inc. Page I of 6
for Student.
Office of Water
6. Cedar Island Marina, Inc.
Marina Habitat Assessment and Scallop Farming
Location: 11Riverside Drive, P.O. Box 181, Clinton, CT 06413
]Telephone: 11(860) 669-8681, fax: (860) 669-4157
Interviewed:]]Jeffrey Shapiro, President
Owned by: I[Shapiro Family Trusts
Waterbody: I]Clinton Harbor, Lon§ Island Sound
Environmental change
Ten years of private ecology research has demonstrated that recreational boat full-
service marinas are productive artificial reefs and has led to the development of
commercially.vlahl_e bay scallop aquaculture under marina docks.
The full-service marina, boatyard, and fish farm
Cedar Island Marina is a family-owned business that calls itself "the family
boating resort." It is a full-service marina/boatyarcl with 400 slips operating at
94% capacity in 1995, with many transient visitors filling slips vacated when
homeport vessels are away. Three boats are year-round liveaboards. Boat sizes
range from under 21 feet up to 120 feet, with 76% between 21 and 35 feet, and
19% longer, 35% are sailboats.
Cedar Island has a staff of 25 year-round employees, which expands to 50 full-
timers during the boating season. In addition to slips, the marina has retail
services: ship's store, grocery, ice, bait/tackle, used boat brokerage, fuel dock, and
pumpout. Launch/haulout is available with a 30-ton travel lift and "giraffe" crane
for indoor and outdoor winter boat storage. Full repair services include fiberglass,
hull, and engine repair; painting; sail rigging; sail making; welding/metal
fabrication; and bottom cleaning.
Located in Clinton Haffoor, one of the few protected harbors (in southern New
England) not burdened with industry, the resort-like marina is I mile from the
entrance buoy to Long Island Sound and borders the Hammonasset Nature
Preserve. Its customer amenities include a launch3t, 60-foot swimming pool, sauna,
whirlpool, picnic grounds, saltwater beach, snack bar, 27S-seat restaurant,
poolside bands, ulght security, cable TV, and a children's activity director. On a
busy summer weekend approximately 40% of the boats are in use, occupied, or
under way out of the harbor; about 20% of the boats have people sleeping
http://www.epa, gov/nps/marinas/ch6, html 7/10/2002
overnight.
Within a 2-mile radius, there are 8 other marinas and boatyards with an estimated
total boat population of 2,000. The prime boating season starts in May and ends m
October. Cedar Island Marina was bought by the Shapiro family in 1974 and
.~6erted from a fuel terminal built in 1964. Jeffrey Shapiro is also a general
ff~_'l~er in the Clinton Harbor Boat Show each July-another major focus of
~'';jattenti°n' publicity, and potential customer draw to his marina.
Management measures
Cedar Island Marina complies with the marina management measures for water
quality assessment and habitat assessment, as well as marina flushing, shoreline
stabilization, storm water runoff control, fueling station design, sewage facility,
sewage facility maintenance, solid waste, liquid materials, petroleum control, and
public education.
Costs/benefits
In 1995, Cedar Island Marina spent $38,500 to staff and operate its private marina
research laboratory, including two full-time marine biologists. Its aquaculture
project and publL,-~rl~isplay aquariums am'acted new boating families into slips for
the season and helped retain other customers, resulting in an estimated $46,000
gross slip income. The special docks designed by Cedar Island for the aquaculture
project cost the company no more than conventional docks. Marina management
estimates that the aquaculture project brings them around $5,000 worth of
publicity each year and has extended their dredging season, saving another $5,000
annually.
Environmental improvements
When the State of Connecticut turned down Cedar Island Marina's request for an
additional 396 slips in 1988 because the expansion would be "destroying valuable
marina life and habitat," little did anyone realize what positive effects would result
after Jeffrey Shapiro accepted the challenge. "We decided to prove Connecticut
wrong because I was convinced that the marina would improve-not destroy-the
harbor's habitat. So I began hiring environmental consultants to test what was
happening in and under the marina waters here." That effort has turned into a full-
time marina ecology research laboratory with two full-time scientists. Thirteen
techrlical reports were published and/or presented at professional estuarine,
fisheries management, and Long Island Sound conferences between 1989 and
1995.
~tth removable center panels, marine biologists
check to growth of scallops in traps suspended
below the Cedar Islond Marina's floating docks.
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7/10/2002
CM/CV Ch 6 -- Cedar Island Marina, Inc. Page 3 of 6
The Cedar Island Marine Research Laboratory is entirely owned, operated, and
funded as part of Cedar Island Marina. Its laboratory and in-water field station are
also in the marina. Studies have included assessment and long-term monitoring of
water quality (temperature, salinity, dissolved oxygen), marina habitat, coastal
birds, and finfish communities (particularly juvenile winter flounder,
Pseudopleuronectes americanus) in the marina, as compared to other natural
habitats in Clinton Harbor.
"Testing has proven that our marina's waters have good oxygen levels and lower
coliform counts than those at the town beach. And heavy metals did not
accumulate in scallops growing on the marina bottom," Jeffrey Shapiro stated.
"Also the periwinkle anails-a favorite food of winter flounder-are 20 times more
abundant on themarina's dredged bottom than on the neighboring mud flats,
which helps explain why we have a 10-times larger population of baby flounder
under our docks than elsewhere in the harbor."
Studies in recent years-performed in cooperation with the marine laboratories of
the U.S. Fish and Wildlife Service, Connecticut Department of Environmental
Protection (DEP), and Connecticut Sea Grant-have focused on the marina habitat
with special emphasis on its finfish nursery and shellfish aquaculture potential.
Noticing that many marine species grew more rapidly and remained healthy under
marina docks and boats, Shapiro's lab staff started growing shellfish on trays
suspended below the floating docks. Indeed, they grew faster than those placed in
neighboring natural marsh fiats and were just as safe for human consumption.
Oysters, it was determined, could be grown to market size 1 year quicker under
boat docks than outside the marina basin. (Note: Cedar Island's research under
marina docks is consistent with that done by others on hard-shell clams in Rhode
Island and finfish in Washington.)
· But t'wo key factors inhibited use of marinas for oyster farming. First, U.S. Food
and Drug Administration standards require the filter-feeding oysters to be
relocated to "clean" waters for several months of depuration before being eaten,
and that extra handling is cosily. Second, oysters take 4 years to grow to market
size. Shapiro switched to another shellfish-bay scallops-and seems to have solved
those problems.
tn the spring of 1995, with some Connecticut Sea Grant funds and in-kind
technical help from state and federal marine biologists, Cedar Island Marine
Research Laboratory bought 6,000 baby bay scallops, each about the diameter of a
http ://www. epa.gov/nps/marinas/ch6.html 7/10/2002
C\'VCV C'~ 6 -Ceda'- '$'a,~c' Me.,~-e.. '~c. ~'~ :"
pencil (raeasured as 1,000 per liter). The scallops were distributed inside plasm
mesh bags placed into three-level wire cages hung beneath special 60-ft floati n--
aquaculture docks designed and built by Cedar Island Marina. Deck trap doo~s
open to allow access to each shellfish cage for easy removal. Every 4 weeks, each
cage is pulled. The mesh bags are opened, and the scallops are counted, measured,
lightly brushed to remove fouling growth, and separated into more bags, but Wld~
fewer scallops per bag to allow expanded growing space
By late September, all the scallops had grown to market size averaging 3 inches
each. Asked what the mortality rate had been, research manager Matthew
Mroczka answered, "I expected about a 30% death rate, but so far have lost 4-not
percent-only 4 scallops, leaving 5,996 still alive and growing!" Aquaculture
typically has higher survival rates than those in nature, often because of protection
from predators, but Cedar Island's demonstration is truly remarkable.
"Now for the good part of why scallops are better than oysters here," said Shapiro
"When most shellfish are eaten, we consume all the meat and stomach, including
whatever the animal's last meals included. But we only eat the large muscle of the
scallop with the stomach thrown away. So the concerns about water quality do not
apply the same way for scallops. Second, the scallop lives only one year from seed
to maturity. So producing shellfish for market is largely done during one boating
season."
"Today, each 3-incTn scallop retails at 50¢, so if we sold this year's crop, we would
gross $3,000. However, because the seed, costing $72, was paid for with a federal
grant, we will turn them over to the University of Connecticut. But we will keep
some of the biggest ones (which grew fastest) to become our breeding stock for
1996. And we will expand the number of seallops and cages. We are happy with
it," Shapiro said. "Next year we're going to make money on it in a business way.
And each year we'll select our fastest-growing scallops as breeders for the next
generation, much as farmers select their best seed and animals for breeding."
"For 30 years there has been no commemial scallop fishery in the state. But within
specially designed docks at Cedar Island Marina could be the seeds of a reborn
commemial fishery."-The Hartford Courant, September 23, 1995.
Other benefits
Another clear business benefit derived from the lab work is that Cedar Island
Marina is permitted to do its annual dredging, to maintain -8 feet MLW, during
non-~vinter months. (All other marinas on Long Island Sound are limited to
dredging in bitter cold months.) "Our environmental database, particularly the
juvenile winter flounder data, helped convinced the state to extend our marina
maintenance dredging season beyond the February t deadline to June 1, which
gives a $5,000 cost saving by spot dredging in warmer weather."
http://www.epa.gov/nps/marinas/ch6.html
7/10/2002
CM/CV Ch 6 -- Cedar Island Marina, Inc. Page 5 of 6
ttnd ht~hl mttlti-level.~
This unusual marine research laboratory, owned and operated by a private
commemial full-service marina, is unique in the world. Shapiro admits that it is
unlikely that most other marinas could afford such a sustained scientific effort. "I
learned that it was more cost-effective to hire full-time biologists rather than
hiring consultants at $100 per hour. We've been spending over $30,000 annually
for 5 to 6 years, and are now only really
starting to see a [business] return." But
the Cedar Island Marine Research
Laboratory's published reports will
benefit the entire marina industry
intemationally for many years.
To demonstrate the marine life diversity in the boating facility, the lab staff stocks
and maintains a 400-gallon saltwater aquarium in the marina office. It is a major
attraction for children and parents. "Many boats arrive for fuel and pumpout at
Cedar Island's dock just so the kids can run to the office to see the aquarium with
all that stuff living under their docks," Shapiro said proudly. "We set up a large
marine touch tank during the Clinton Hmbor Boat Show in late July. There were
5,000 people visiting the show, and our tank was the biggest attraction in the
exhibit. It really impacts boater behavior not to throw trash or oil overboard. It
also attracts visitors who heard about our aquarium. We get a chance to educate
people about our environment."
"We got a $3,000 pumpout grant to add a second portable pump and 250-gallon
holding tank for our fuel dock," Shapiro said. "We use a large 3-inch-diameter
diaphragm pump and hose to give us greater suction and faster speed. We charge
$5.00 for a pumpout done by our dockhands, but it is free for our slip renters. As a
staff incentive, at the end of the season each year I recognize the staff member
who did the most pumpouts with a personalized 'Pumpout King Award' and
his/her name added to the plaque hanging in the fuel dock office. I started this in
1989 at the suggestion of two dock boys who were competing to get the most
pumpouts that summer. The winner that year is listed first, then the other returned
in 1990 determined to win-and he did-so his name is second. They like the
competition." Asking every boat at the fuel dock to have a pumpout is part of the
staffs written job description.
Also at the fuel dock, "An oil absorption boom, attached to a painter extension
pole, lays on one end of the dock. Whenever a small spill occurs during fueling,
the dockhand grabs the pole and pulls the 30-foot boom over the petroleum and
moves it around until all the spill is absorbed, much like a mop would."
Waste oil and batteries are collected at the service area for recycling. This gives
http ://www. epa.gov/nps/marinas/ch6.html 7/10/2002
pecple a cortvenient place to bring their used oil, instead of throwing it into
dumpster or on the ground.
Gr~vel l:.ermeable parking and work areas help control runoff pollution
Lar~dscaping irt the public areas around the stores, pool, and restaurant makes
nice, ctean marina atmosphere for boaters.
t }fi]cc, I' Wctl~mds, Occa0x & "3~atc['-~hcd:~ } !omc I WaLcishcd ['r,,tct_tu ,n Ibm,
http://v,~sw epa.gov/owow.qqPS/marinasdch6.html
This page last updated October 4, 1999
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SOUTHOLD
41072A4A-024
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® MAPTECH, INC.
Albert J. Kmpski, President
John Holzapfel, Vice President
Jim King
Martin H. Garrell
Peter Wenczel
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
November 20, 1997
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Proper-T Services
Jim Fitzgerald
P.O. Box 617
Cutchogue NY 11935
RE: JAMES MILLER
SCTM #81-3-19.4
Dear Mr. Fitzgerald,
The following action was taken at the Southold Town Board of
Trustees meeting on November 18, 1997:
RESOLVED, that the Southold Town Board of Trustees approve the
request for an Amendment to Permit #4772 to move the location of
the platform supporting the heron sculpture landward at above
the high water mark as show on survey dated and received October
24, 1997 with condition that if the high water mark changes,
applicant move sculpture further landward to his own property.
However, this does not constitute approval from any other
agencies.
If you have any questions, please call our office at 765-1892.
Sincerely,
Sincerely,
Albert J.
President,
AJK/djh
Krupski, Jr.
Board of Trustees
cc. Bldg. Dept.
w~
~n
Zn
1000-81-3-19.6
JOHN PETROCELLI.
250 MANOR ROAD
HUNTINGTON Nh' 11743
1000-81-3-19.4
JAMES MILLER
1610 PARADISE F~OINT ROAD
SOUTHOLD NY 11971
1000-81-3-20
ROBERT GILBERT
PARADISE POINT ROAD
SOUTHOLD NY 11971
STREET ADDRESS OF PROJECT SITE:
1610 PARADISE POINT ROAD
SOUTHOLD NY 11971
COF, PS OF ENGINEERS DATA
PURPOSE: Construct small platfom~ on top of thc end
an existing wood groin to support art sculpture.
IN': Shelter Island Sound
COUN'FY: Suffolk
DATUM: MLW
AT: Southold
STATE: New York
THERE ARE NO VEGETATED WETLANDS IN
THE PROJECT SITE: J.E. FITZGERALD, JR.;
6/17/97.
I'ROJECT PLAN
Application regarding Ihc properly of
James Miller, SC'TM #1000-81-3-19.4
Represented by
PROPER-T I>ER/vIII' SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
['~ttl'~b (O[Z~i~? July 16. 1997
WILLIAM W. ESSEKS
MARCIA Z. HEFTER
STEPHEN R. ANGEL
JANE ANN R. KRATZ
JOHN M. WAGNER
THOMAS F'. WHELAN
E$$EK$, HEFTER & ANGEL
COUNSELORS AT Law
P. O. Box 279
F~IVERhEAD, N.Y. 11901'0279
(516) 369-1700
WATER MiLL OFFICE
MONTAU K HIGHWAy
P. O. Box 570
WATER MILL, N.Y. I t976
(516) 726-6633
November 13, 1997
Board of Trustees, Town of Southold
Town Hall
P. O. Box 1179
Southold, NY 11971
Re: Application of James Miller
Tax Map No. 1000-81-3-19.4
Dear Members of the Board:
We represent the following individuals, who own property in
the vicinity of the above-captioned premises:
Edward and Ruth Meyer
Nancy and John Smith
John Petrocelli
Robert L. Stott
Joseph Macari
Alice Mignerey
Jerry Callis
Ail of our clients are opposed to Mr. Miller's application
to permamently install a purported sculpture, approximately 40
feet in height, on the beach at his property.
It is our opinion that, in addition to a permit from your
Board under Chapter 97 of the Southold Town Code, Mr. Miller
needs approval under various provisions of the zoning code
(Chapter 100 of the Southold Town Code). In this connection, I
attach a copy of a letter to the Building Department.
I understand that Mr. Miller's application is on the Board's
agenda for November 18, 1997. We intend to be present
representing our clients.
SRA:mb
Enc.
cc : Jerry
Callis
Respectfully yours,
ESSEKS, HEFTER ~ ANGEL
COUNSELORS AT LAW
P. O. BOX 279
~IVE~HEAD, N.Y. iIgOi 0279
(5161369- f?O0
November 13, 1997
Building Department,
Town Hall
P. O. Box 1179
Southold, NY 11971
Town of Southold
Re: Proposed Miller Sculpture
Premises - 1000-81-3-19.4
Dear Sir:
We are the attorneys for:
Edward and Ruth Meyer
Nancy and John Smith
John Petrocelli
Robert L. Stott
Joseph Macari
Alice Mignerey
Jerry Callis
Ail of our clients live and own property in the vicinity of
the above-captioned premises, which, I believe, are owned by Mr.
James Miller.
I understand that Mr. Miller is in the process of seeking
approval from various agencies to construct and install a
sculpture of a bird, approximately 40 feet in height, on the
beach portion of his property.
I also understand that Mr. Miller has not made application
to your department, or to the Planning Board for the construction
and installation of this structure under the building or zoning
chapters of the Town Code.
Based on information I have received, Mr. Miller has only
made application to the Town Trustees, the DEC and the Army
Corps.
It is our position that Mr. Miller cannot construct or
install the structure in question without first receiving an
approval or approvals from your department or the Planning Board
under applicable provisions of the Town Code.
ESSeKS. HEFTEr & ANGEL
Building Department
November 13, 1997
Page 2
My initial review of the Town Code indicates, at least the
following provisions, which either a) indicate the necessity for
an application and a permit, or b) indicate that the proposed
structure is illegal:
1. Under Section 45-8 of the Code ("Fire Prevention and
Building Code, Uniform"), no one can "... commence the erection,
construction ... of any building or structure, or cause the same
to be done, without first obtaining a separate building permit
from the building inspector for each such building or structure
... " Here, the purported sculpture, in excess of 40 feet in
height with a 7' x 7' base, is certainly a structure.
2. In the Town's residential districts, there is an 18 foot
limitation on the height of accessory structures, as well as
numerous setback restrictions. I refer you to Sections 100-33
and 100-30A.4 of the Code.
3. The structure in question fits the definition of a
"sign" as set forth in Section 100-13. Under this definition, a
sign includes any structure used as an announcement for
commercial purposes or otherwise.
4. Signs in the Town of Southold require a permit from the
building inspector, even if they are conforming (see Section 100-
201.B).
5. In the Town's residential districts, virtually all signs
are prohibited unless they are authorized as variances by the
Zoning Board of Appeals (Section 100-205.1).
6. Free-standing signs, such as the proposed structure, can
be no higher than 15 feet (see Section 100-205).
7. Even if the structure in question is viewed as an
artistic object, approval must be obtained from the Town. In
this case, the applicant would need site plan approval from the
Planning Board. See, Section 100-239.7 ("Long-Term Outdoor
Display or Storage") which expressly applies to outdoor display
of "... artifacts ... "
ESSEKS, HEFTER c~ ANGEL
Building Department
November 13, 1997
Page 3
In my opinion, the proposed structure is prohibited in all
sections of the Town.
I respectfully urge your department to advise the applicant
that it must apply for a permit. We request that you advise us
of any such application, so that we can take appropriate action
under the Town Code provisions, and the applicable provisions of
the New York State Town Law.
SRA:mb
cc : Jerry Callis
Respectfully yours,
STEPHEN R. ANGEL
Telephone
(516) 765-1801
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
The following recommendation was made at the meeting of the Southold Town
Conservation Advisory Council held Thursday, November 13, 1997:
A-120
Moved by Kenneth MeskiU, seconded by Mary Griffin, it was
RESOLVED to recommend to the Southold Town Board of Trustees that it
review the aesthetic issue concerning the Amendment to Permit Request of
JAMES MILLER 81-3-19.~ to move the location of the platform supporting the
heron sculpture landward at above the high water mark.
Paradise Point Road, Southold, New York
The Council had tabled the application when it was first presented as a
Wetland Permit Application because it felt that aesthetics were a relevant
concern when considering the project. The Wetland Ordinance sites the
protection of the aesthetic value as a function of the Board of Trustees. (See
Wetland Ordinance 97-11-B, attached). Therefore, the CAC suggests the
Trustees review the project aesthetically and also suggests the applicant move
the sculpture onto the property and out of the Trustees' jurisdiction.
Vote of Council: Ayes: All
Motion Carried
WETLANDS
Chapter 97
ARTICLE I
General Provisions
§ 9%10. Title.
This chapter shall be known and may be cited as the 'Wetlands
Ordinance of the Town of Southold.'
§ 97-11. Declaration of policy.
A. The Town Board of the Town of $outhold finds that rapid
growth, the spread of development and increasing' demands
upon natural resourc~ are encroaching upon or eliminating
many of its wetlands, which, if preserved and maintained in
an undisturbed and nathral condition, constitute important
physical, social aesthetic, recreational and economic assets to
existing and future residents of the Town of Southold.
B. It is the intention of this chapter to protect the citizen~ of the
Town of Southold by providing for the protection, preservation,
proper maintenance and use of its wetlands
in order to minimize damage from ernaion, turbidity o~
siltation, saltwa~r intrusion, loss of fish, shellfish or other
beneficial marine organisms, aquatic wildlife and
vegetation and the destruction of the natural habitat
thereof, to minimize danger of flood and storm-tide ,tAmage
and pollution, and to otherwise protect the quality o!
wetlands, tidal waters, marshes, shore lines, beaches and
natural drainage systems for their conservation, economic,
)aeafJl~ic, recreational and other public uses and values,
~nd, further, to protect the potable fresh water supplies of
the town from the dangers of drought, overdraft, pollution
from saltwater intrusion and misuse or mismanagement.
Therefore, the Town Board declares that the regulation of
the wetlands of the Town of Southold is essential to the
health, safety and welfare of the people of the Town o!
Southold.
Telephone
(518) 765-1801
Town Ha]/..~3095 Ma/n R~ad
P.O. 8ox 1179
Sourbold. New York 11971
$OUTItOLD TOWN
CONSERVATION _-kI)VI$ORY COUNCIL
The following recommendation was passed by the Southold Town Conservation
Advisory Council at Its July 28, 1997 meeting:
No. lU,73
Moved by Kenneth Meskill, seconded by Mary Gr'iffin,
to TABLE the Wetland Application of JAMES MILLER 81-3-19.~ to construct
platform on top of the end of an existing wood groin The proposed platform
will support a metal sculpture approximately 35' tall and 5~ in diameter. The
platform will be less that 60 square feet in area, and will be either square or
hexagonal in shape and be supported by the existing piles at the seaward end
to the existing groin, plus up to four additional piles installed within the 60
square foot area centered on the end of the existing groin.
1610 Paradise Point Rd., Southold
The CAC tabled the application pending more details concerning the structure
and aesthetic value of the structure. (Wetlands 97-11)
Vote of Council: Ayes: All
Motion Carried
JUDt'i'ti T. TERRY
TOWN CL~t~
REGISTRAR OF VITAL STA?ISTICS
MARRIAGE OFFICER
RECORDS MANA~EMEN~ OFI~ICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, Hew York 11971
Fax (516) 765-182.2
Telephone (51/;) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
APPLICATION FOR PUBLIC ACCESS TO RECORDS
INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's
Office (agency Freedom of Information Officer). One copy will be returned to you
in response to your request, or as an iriterim _response,
SECTION I.
(Department or Officer, if known, that has the information you are req'u~sting.)
RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply
date, file title, tax map number, and any other pertinent information.)
Signature of Applicant: ~¥~r~
Printed Name: ~ L~.~ar~ O.
Mailing Address (if different from above):
Telephone Number: ~
[ ] APPROVED
[ ] APPROVED WITH DELAY*
Freedom of Information Officer
[ ] DENIED*
r ov I 4 1997
[own cl l e 0u[n01cl
* If delayed or denied see reverse side for explanation.
Proper-T Permit Services
POST OFFICE BOX 617, CUTCHOGUE. NEW YORK 11935-0617
~O_~N OESOUTHOLD; (516~ 734-5800
November 7, 1997
Presidont
Board of Town Trust~es
Town of Southold
Town Hall, 53095 M~ Road
Southold, New York 11971
Re: Jamm Miller, $CTM #1000-81-3-19.4: Notices to Adjacent Property Owners
Dear Sir:
Attached is a copy of the notice scm to adjacent property ownors in accordance with thc rc-
quircmcnts of the Town Code, 58-1(C). Also attached arc thc post office receipts and the r¢-
quirod notarized statomcnt.
a subsidiary of
THE PECONIC EASTERN CORPORATION
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Re: The Application of James Miller
Z 392 185 178
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse
Sent to
John Petrocelli
Street & Number
250 Manor Road
Post Office State, & ZIP Code
Hun%ungton NY 11743
Postage S ~ ~ ~
CerilfiedFee /. ~ ~
TOTAL I~stag&&~ Fees $~,'~ Y~7 7
Z 392 185 180
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Internationa[ Mail (See reverse
Ellen Doherty
Stre~et&& Number
1425 Paradise Point
Post Office, State, & ZIP Code
Southold NY 11971
P0~.g. S , ~ ~,
CedifiedFee i. ~ ¢
Ret um Rocejl~' ;~'.~v/~p
Z 392 185 179
US Postal Se~ice
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
~ert Gilbert
Street & Number
Paradise Point Road
Post Office, State, & ZIP Code
Southold NY 11q71
Pos,age S . $~
Certified Fee [' ~ 3
Speoal Delivery Fee
STATE OF NEW YORK
COUNTY OF SUFFOLK
James E. Fitzgerald, Jr. , residing at 385 Ha,~waters Drive
Cutcho~ue~ NY 11935 , being duly sworn, deposes and says
that on the 7th day of November ,19 97 , 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 Office at Cutch0gue, NY 11935 , .t~ ~id N.otices
we.re mailed to each of said perso~ (cert~e~ '/~
mall.
Sworn to before me this
day of ~ ,19~_~
TO:
John Pctrocelli
250 Manor Road
Hunhngton, NY 11743
Robert Gilbert
Paradise Point Road
Southold, NY 11971
Date: November 7, 1997
Ellen Doherty
1425 Paradise Point Road
Southold, NY 11971
BOARD OF TRUSTEES, TOWN OF SOUTHOLD
NOTICE TO ADJACENT PROPERTY O~qqER
In the mailer of: James Miller, SC'IM #1000-81-3-19.4
YOU ARE HEREBY GIVEN NOTICE THAT:
I. An application is being sulnnitted to the Board of Tru.qtees for a permit to:
Construct platform above ordinary high water mark. The proposed plat-
form will support a metal sculpture approximately 35 feet tall and 6 feet in
diameter. The platform will be less lhan 60 sq. lt. in area, and will be either
square or hexagonal in shape.
The project described above is proposed on property adjacent to yours. The street ad-
dress of that property is as follows:
1610 Paradise Point Road, Sothold, New York 11971
The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of
the Town Code, is open to public comment. A pul~lic hearing will be held at Town Hall,
53095 Main Road' Southold, New York 11971 at or about 7:15 PM on Tuesday,
November 18, 1997. You may contact the Trustees Office at 765-1892 or in writing if
you wish to comment.
The project described above will be reviewed by the Board of Trustees of the Town of
Southold. The project may require independent review and approval by other agencies
of the Town, State, or Federal governments.
PROPERTY OWNER'S NAME:
MAIl JNG ADDRESS:
PHONE NO.:
James Miller
P.O. Box 610
Calverton, New York 11933
516-369-4900
A copy of a sketch or plan showing the proposed project is enclosed for your convenience.
New York State Department of Environmental Conservation
Building 40 - SUNY, Stony Brook, New York 1179,D-,2~5J6
Phone (516l 444-0295
Fax # (516) 444-0297
John P. Cahill
Commissioner
Mr. James Fitzgerald
P.O Box 617
Cutchogue, NY 11935
September 5, 1997
RE: 1-4738-01661\00001 James Miller
Dear Mr. Fitzgerald:
1 have reviewed the above referenced tidal wetland pemfit application for the installation
ora 7' x 7' platform to be located approximately 5' seaward of apparent high water for the
purposes of supporting a piece of art work.
The structure as proposed does not meet the standards for permit issuance pursuant to
Section 661.9 and is therefore objectionable to the Department. The following are the standards
for permit issuance that this proposal does not meet:
1. Section 661.9(b)(l)(i) - The proposal will have an undue adverse impact to the present and
potential values of the adjacent wetlands. Specifically, the project will adversely impact the
aesthetic appreciation of the natural wetland system.
2. Section 661.9(b)(l)(iii) - The project is not reasonable or necessary, taking into account other
alternatives and the absence of water dependency for the structure.
3. Section 661.9(b)(1)(v) - The project does not comply with the use guidelines contained in
Section 661.5. Specifically, the proposed structure is classified as an accessory structure to the
residential property. Accessory structures proposed in a Shoal/MudflaffLittoral Zone wetland is
listed as an activity that is presumptively incompatible with the values of tidal wetlands and
should not be undertaken in that area. That applicant has the burden of overcoming such
presumption and demonstrating that the activity will be compatible with the area and the
preservation of the values of tidal wetlands.
l recommend that you reconsider the proposed location of the art work. An approvable
location would be to relocate the 7' x 7' platform landward to the bulkhead. It can either be
immediately landward or seaward of the bulkhead.
Please provide your revised plans directly to me at the above address. Your cooperation
in this matter is greatly appreciated.
Sincerely,
Louis A. Chiarella
Regional Manager, Marine Habitat
Protection, Region One
CC:
C. Hamilton
Al Krupski, Southold Trustees
James Miller
FOWN OF
September 8, 1997
George E. Pataki
Alexander F. Treadwell
Secretary of State
James E. Fitzgerald, .Ir.
Proper-T Permit Services
Post Office Box 617
Cutchogue, NY 11935-0617
F-97-567
U.S. Army Corps of Engineers/New York District Permit
Application #97-08050-L2
James Miller, Shelter Island Sound
Town of Southold, Suffolk County
DEC #14738-01661/00001
Letter of Permission Issuance
Dear Mr. Fitzgerald:
The Department of State has reviewed the information received on August 29, 1997 describing the above
proposed project.
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.
The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter.
Sincerely,
Chief, Consistency Review and Analysis
WFB:WFM:dlb
cc: COE/New York District - James W. Haggerty DEC/Region 1 - John Pavacic
Town of Southold - Albert J. ICmpski, Ir.
Faxed 9/3/97
United States Department of the Interior
FISH AND WILDLIFE SERVICE
3817 Luker Road
Cortland, New York 13045
September 3, 1997
Colonel Gary Thomas
District Engineer, New York District
U.S. Army Corps of Engineers
26 Federal Plaza
New York, NY 10278
Attention: Ms. Sophie Ettinger
Dear Colonel Thomas:
The U.S. Fish and Wildlife Service (Service) has reviewed Letter of Permission 97-08050-
L2, by the applicant James Miller. This is the report of the Service and the Department of
the Interior submitted in accordance with the provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). This response is also
provided pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16
U.S.C. 1531 et seq.). These comments are for use in your determination of 404(b)(1)
guidelines compliance (40 CFR 230), and in your public interest review (33 CFR 320.4)
relating to protection of fish and wildlife resources.
The applicant has proposed to install a pile-supported 49 foot square platform on top of the
seaward end of an existing wood groin to be supported by existing piles, plus up to four
additional piles. The proposed project would occur in Southold Bay, in the Town of
Southold, Suffolk County, New York. TI~ purpose of the proposed project is to provide a
supporting platform for a 35 foot high metal sculpture.
The Service has recommended several items, found at the conclusion of this report, which
must be incorporated into the existing proposal in order to ensure that the proposed action
would not be likely to adversely affect Federally listed species. The Service, therefore,
objects to the proposed project unless these recommendations are incorporated into the
project proposal as permit conditions.
The Service recommends moving the proposed platform and sculpture landward to the
existing wall. The platform and sculpture are non-water dependent structures and do not
need to be placed at the end of the groin.
The following report briefly addresses pertinent aspects of the Endangered Species Act,
discusses the Federally listed species of concern, describes the activities that can
potentially adversely affect these species, and sets forth the recommendations to be used to
avoid and minimize impacts.
.' f
The Endangered Species Act
The U.S. Army Corps of Engineers (Corps) must consult with the Service under Section 7
of the Endangered Species Act regarding any action that it authorizes, funds, or carries out
that may affect a listed species. In consultation with the Service, the Corps shall utilize its
authority to further the purposes of the Endangered Species Act in the conservation and
recovery of listed species and the ecosystems on which they depend. Further, 50 CFR
402.02 states that the "effects of an action" to be considered during consultation include
"direct and indirect effects of an action on the species or critical habitat, together with the
effects of other activities that are interrelated or interdependent with that action...." This
correspondence will serve as the initial Section 7 consultation.
Federally Listed Endangered and Threatened Species
The piping plover (Charadrius melodus) is a Federally listed threatened species along the
Atlantic coast which nests on Long Island beaches. Piping plovers nested in habitats at
Southold Bay along Cedar Beach and Cedar Beach Point during the 1988-1997 breeding
seasons.
Potential Project Impacts
Any type of constant human disturbance and use of machinery have the potential to exert
direct adverse effects on the piping plover as a result of disruption of courtship, nesting,
and feeding activities during the breeding season, and alteration of their habitat. The
operation of machinery on a beach that is used by piping plovers as a courtship, nesting,
and feeding area has the potential to disturb plovers to the point where they do not
successfully nest and fledge young. In addition, machinery that is operated immediately
adjacent to piping plover habitat may preclude plovers from using the habitat entirely,
forcing them to seek appropriate habitat elsewhere.
Recoramendations
Based on our review of the project maps and photographs, use of machinery on the beach
has the potential for direct adverse effects on the piping plover and their habitat.
Consequently, the Service objects to the proposed project unless the following
recommendations are incorporated into the project proposal as permit conditions.
1. The platform and sculpture are moved landward to the existing wall.
All activities associated with placement of the platform at Southold Bay and Cedar
Beach shall be accomplished outside the piping plover nesting season (April 1 to
September 1).
If piping plovers have not utilized their traditional nesting habitat at Cedar Beach by
July 1, the applicant, ~l_.q, OllalllIl[~ with the Service and the Corps, may be
authorized to begin the construction of the platform prior to end of the plover nesting
season (September 1).
With incorporation of the measures 1 through 3 above, the proposed project would not be
likely to adversely affect the piping plover. Should these measures not be incorporated
into the permit and implemented throughout the life of the project, a biological assessment
or further consultation pursuant to Section 7 of the Endangered Species Act will be
required to evaluate potential adverse effects of project implementation on the piping
2
plover and their habitats, and to determine if formal consultation is necessary. Should
project plans change, or if additional information on listed or proposed species becomes
available, this determination may be reconsidered.
Please advise us of action taken .pursnant to our recommendations or changes in the
proposal. If you have any quesuons or comments, have your staff contact
Christ7 Johnson-Hughes, at my Long Island Field Office at (516) 581-2941.
Sincerely,
~,_Sherry W. Morgan
Field Supervisor
CC:
Town of Southold (Planning Admin,), Sollthold, ~
NYSDEC, Stony Brook, NY (Environmental Permits)
NYSDOS (Coastal Zone Management), Albany, NY
NMFS, Highlands, NJ
EPA, Marine & Wetland Protection Branch, New York, NY
August 5, 1997
George E. Pataki
Alexander E Treadwe[I
Secretary, o] St,lte
Albert J. Krupski, Jr.
Trustee, Town of Southold
53095 Main Street
P.O. Box 1179
Southold, NY 11971
Re:
F-97-567
U.S. Army Corps of Engineers/New York District Permit
Application g97-08050-L2
James Miller, Shelter Island Sound
DEC #1-4738-01661/00001
Dear Mr. Krupski:
Enclosed is a copy of the information submitted to the Department of State for review of the above-referenced
project with respect to its consistency with the Coastal Management Program for your information and
preliminary review. Please contact Walter F. Meyer, the DOS reviewer assigned to this project, at (518)
474-6000 to discuss your concerns, and any additional information which may be necessary to assist you in
reviewing this project. Any comments you may have will assist the Department in reaching a decision as to
the consistency of the proposed action with the approved NYS Coastal Management Program.
Please note, however, that if we do not hear fi.om you within 45 days of the date of this letter, we will
presume that you have no objections to the proposed project.
Sincerely, ~/ /73 .
William F. Barton
Chief, Consistency Review and Analysis
Enclosures
WFB:dlb
Pr. oper-T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
(516) 734 - 5800
July21, 1997
Chief. Consistency Review and Anah.,sis Bureau
D/vision of Coastal Resources and Waterfront Revitalization
New York State Department of State
162 Washington Avenue
Albany. New York 12231
DEPARTIaENT OF STATE
COASTAL PROGRAMS
JUL 2 8 lg.q7
RECEIVED
Re: Application 1hr Permit on Behalf of James Miller (CoE #97-05050-L2)
Dear Sir:
Attached are documents which have been prepared in support of the application tbr a permit to
construct a platform at the end of an e.'dsting wood groin at the property of James 5filler in thc
To~vn of Southold, Suffolk Count).'.
Proper-T Permit Services represents Mr. hfiller in this maner, and a letter of authorization is
part of this submission.
If' there arc an3' questions, or ff additional information is needed, please call me.
.~m~ . iz~ '¢/r.
Enclosures:
Letter of Authorization
Joint Application for Perm/t
Environmental Questionnaire
Short Environmental Assessment Form
Federal Consistency Assessment Form
Vicinity Map
Tax Map I
Tax Map I1
Survey of Property
Prqiect Plan
Section View
Project Site Photos
cc: Alan Bauder, .NWSOGS
a subsidiary of
THE PECONIC EASTERN CORPORATION
1610 Paradise Point Road
Southold, New York 11971
Chief, Consistency Review and Analysis Bureau
Division of Coastal Resources and Waterfront Revitalization
New York State Department of State
162 Washington Avenue
Albany, New York 12231
Dear Sir:
Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T
Permit Services to act in my behalf as my agent in the submission and processing of a permit
application for the installation of a sculpture on my property located at the above address,
which is designated by Suffolk County Tax Map No. 1000-81-3-19.4, and to furnish, upon
quest, supplemental information in support of the application.
gs-Ig~q ~J~--Ts DEC APPLICATIQh["NUMgEfl DISTRIBUTION
NEWYORKSTATE O ~ 1o4738~o1661/0ooo1 IsI~OPY PormRAdmMlsl,elm
2m~ COPY Corps of Enslflacrs
DEPARTMENT OF ENVIRONMENTAL CON~RVATION
UNITED STATES ARMY CORPS OF ERO~NEER~ US ARMY CORPS APPLICATION NO Srd COPY
4lb COPY HYS A~acc¥
JOINT APPLICATION FOR PERMIT 97-08050-L2 EIh COPY Appllcsn!
Please ~sad ALL Instmcllone on back balore, core,Isling Ihls appllceUon. Please lypi or I~lnl clearly In Ink. AUech eddlll~al InlormsUon I~ needed.
E] FRESHWATER WETLAND~ E] TIDAL WETLANDS [] WATER SUPPLY [] LONG ISLAND WELL
[] PROTECTION OF WATERS FOR:
[] A. Cof~elmcllon o~ placeme.l d docks and mom'lnge [] B. Conslrucflon, ~econsimcllon, or rebait o! e DAM or olhar Impoundmsnl slcuclure
[] C. DIMwbm,ca ol s STREAM I~ED or ~AHKs or excavsllon In or fill ol NAVIGABLE WATERS [] 40t WATER QUALITY CERTIFICATION
[] COASTAL EROSION CONTROl. [] LAKE GEORGE PARK COMMISSION (Docks and Moorlnos) [] WILD. ~ENIC OR REDREATIONAL RIVERS
[] AOUATIC PEST CONTROL FOR: [] A. AqosllC Vegetation Conlrol [] B. ~:lsh Conlrol [] C. ImsacI Control
2. APPLICANT IS A/AN ~ ~[nt [] Opsr?tor [-~ Lessee [] Munlclballly/?overnmentsl Agency (Check as ma~¥ II .spplyl
3. NAME OF APPCIGANT ~es FuN Nasal
James E, Fit~.geraldf ~r. / Proper-T Perm&t Serv&ees
MAILING ADDRESS I TELEPHONE (Wbam can be roached during day]
P.o. ~ox 617I [51~ 734-58oo
POST OFFICE I STATE ( ZIP CODE
Outcho~ue NY 1193.5
4. I~AME OF [] Owner [] Agacl/Conlact Person IChack one)
james Miller
MAILINGADDRESSp,o. ~OX 610 ITELEPHONE~Nherecsnbaraccheddur~gday(~16 369-4900
POST OFF,CE [ STATE I z,P CODE
Oalverton NY 119~.3
E. PROJECT~ACIUTY LOCATION (Mark k)cMIml off map. see Number ts on reverse side)
Co~n,~ Suffolk I To~.orc,,y Southold I Vi,,.go Southold
STREET ADDRES~LOCATICN Ill ~flsrsnl horn applicant)
1610 Paradise Point Road
Southold NY 1197t NYTM-E NYTM.N 4
H. NA~E OF STREAM OR BODY Or WATE, Shelter Island Sound
.. APPROXIMATE COMPLETION DATE Im. PROPOSED USE: I H. WILL PROJEC~ OCCUPY STATE LAND?
Aug 20, 1997I ~P,,..Ie F1p,b,c []C~mme,c,a~I F~ye" []Ho
Provide suppo~inE platform for art work.
13. PROJECT DESCRIPTION:
Constrocl platform on to~) of the end of~m exbUng, wood ~bl. The proposed platform will ~uppo~l a mel~l sculpttu'e
approxim*ely 3~ fe~ tall md 6 fee/in dl~ne~er. The pl~fonn will be Ic,~ thm~ 60 sq. f~. in mss, md wUl be either square
or hexagonal in shape. 11. will be m~pported by the ax/stt~§ pile" d. the eeawm~/end of the existing groin, plus Dp to foe'
m:lditiom~l pile. intel, ed wilhin the 60 sq. lt. area cenlered on the end of the axial, in§ groin.
14. WILL THIS PROJECT REQUIRE AD[NTIONAL FEDERAL. STATE AND/OR LOCAL PER~ITS? [] Yes [] No S yes, please list:
NYSDEO~ .NYSDOS! NYS.OGS, USACoE~ Southold Trustees
tS. Saparals Aulho~slle# er LeUsr el NO JURISDICTION Should be R~eJl~d Item DEC and Rte US A~,ay Co,ps P~lor Io Inlllallon of Work In WeUsnds
I hereby affirm Ihs! Inlormellon provided mi Ibis tore end ell att&chmenl$ lubmllled herewith II Ifus In tbs best o! my knowledge and belial.
False slslernents made her~n ers punishers ss s Class A misdemeanor pursuant Io Eectlon 210.45
[]~ h.,eby sulh~lze ms .Se.I .sm.d m Numb.r 4. ebons !o su~bm ~,,,ca,o. o. my bahs,. (ese attached letter, )
~pplication of James Miller:
ENVIRONMENTAl. GUESTIOIflYAIRE
This is intended to supplement ENO Form 4345, Application for Department of the
Army Permit, or the Joint Application for Permit used in the State of New York.
Please provide complete answers to afl questions below which are relevant to your
project. Any answers may be continued on separate sheet[s) of paper to be
attached to this form.
PRIVACY ACT STATEMENT
The purpose of this form is to provide the Corps of Engineers with basic information
regarding your project. This information will be used to facilitate evaluation of your
permit application and for public dissemination as required by regulation. Failure to
provide complete information may result in your application being declared
incomplete for processing, thereby delaying processing of your application.
GENERAL--APPLICABLE TO ALL PROJECTS
1. Exp/aln the need for, and purpose of, the proposed work.
1. The project is needed lo provide an appropriate display location for a work of art, which is
a large sculpture of a heron. Thc ~vatersidc location will allow full enjoyment by thc owner,
and thc aesthetic appeal of the installation will be shared by waterborne passers-by.
2. Provide the names and addresses of property owners adjacent to your work site
(if not shown on the application form or project drawings).
(Please note that depending upon the nature and extent of your project, you may
be requested to provide the names and addresses of additional property owners
proximate to your project site to ensure proper coordination.)
3. Photographs of the project site should be submitted. For projects in tidal areas,
photographs of the waterway vicinity should be taken at Iow tide. Using a separate
copy of your plan view, indicate the location and direction of each photograph as
well as the date and time at which the photograph was taken. Provide a sufficient
number of photographs so as to provide a clear understanding of conditions on and
proximate to your project site.
4. Provide a copy of any environmental impact statement, or any other environmental
report which was prepared for your project.
(continued on next pageJ
Page I
5. Provide a thorough discussion of alternatives to your proposal. This discussion
should include, but not necessarily be limited to, the 'no action" alternative and
alternative(si resulting in less disturbance to waters of the United States. For filling
projects in waters of the United States, including wetlands, your alternatives
discussion should demonstrate that there are no practicable alternatives to your
proposed filling and that your project meets with current mitigation policy (he.
avoidance, minimization and compensation].
5. The proposed location is only 27' seaward of the high water mark and constructed on top
of an existing groin, as proposed, results in minimum disturbance to waters of thc United
States. An alternative would be to conslxuct the platform landward of thc high water mark, but
such a location would be significantly less appropriate fi.om the standpoint of suggesting the
habits of the bird in nature. This alternative, from thc standpoint of thc Corps of Engineers,
could be considered "no action". Thc project as proposed will have minimal incremental im-
pact upon thc site.
DREDGING PROJECTS '
Answer the following ff your project involves dredging.
1. Indicate the estimated volume of material to be dredged and the depth (below
mean Iow water] to which dredging would occur. Would there be overdepth
dredging?
2. You can apply for a ten-year permit for maintenance dredging, ff you wish to
apply for a ten-year permit, please provide the number of additional dredging events
during the ten-year life of the permit and the amount of material to be removed
during future events.
3. Indicate of your drawings the dewater[ng area (if applicable) and disposal site for
the dredged material (except landfill sites]. Submit a sufEclent number of
photographs of the dewatering and disposal sites as applicable so as to pravide a
c/ear indication of existing conditions. For ten-year maintenance dredging permits,
indicate the dewatering/disposal sites for future dredging events, ff known.
4. Describe the method of dredging (he. clamshell, dragline, etc.] and the expected
duration of dredging.
5. Indicate the physical nature of the material to be dredged (i.e. sand, silt, clay,
etc.] and provide estimated percentages of the various constituents ff available. For
beach nourishment projects, grain size analysis data is required.
(continued on next page)
Page 2
6. Describe the method of dredged material containment (i.e. hay bales,
embankment, bulkhead, etc.) and whether return flow from the dewatering/disposal
site would reenter any wateJ~vay. Also indicate ff there would be any barge
overflow.
MOORING FAC/L/TIES
Answer the following ff your project includes the construction or rehabilitation of
recreational mooring facilities.
1. It is generally recommended that any fixed piers and walk ramps be limited to four
feet in width, and that floats be limited to eight feet in width and rest at least two
feet above the waterway bottom at mean Iow water. Terminal floats at private, non-
commercial facilities should be limited to 20 feet in length, ff you do not believe
your proposal can meet with these recommendations, please provide the reason(s).
2. Using your plan view, show to scale the location(s), position(s) and size(s)
(including length, beam and draft) of vessel(s) to be moored at the proposed facility,
including those of transient vessel(s) ff known.
3. For commercial mooring sites such as marinas,, indicate the Capacity of the facility
and indicate on the plan view the location(s) of any proposed fueling and/or sewage
pumpout facilities, ff pumpout facilities are not planned, please discuss the rationale
below and indicate the distance to the nearest ava#able pumpout station.
4. Indicate on your plan view the distance to adjacent marine structures, ff any are
proximate and show the locations and dimensions of such structures.
(continued on next page)
Page 3
5. Discuss the need for wave protection at the proposed facility. Please be advised
that if a permit is issued, you would be required to recognize that the mooring
facility may be subject to wave action from wakes of passing vessels, whose
operations would not be required to be modified. Issuance of a permit would not
relieve you of ensuring the integrity of the authorized structure(s) and the United
States would not be held responsJ?ble for damages to the structure(s) and vessel(s]
moored thereto from wakes from passing vessels.
BULKHEADING/BANK STABILIZA TION/FILLING ACTIVITIES
Answer the following ff your project includes construction of bulkheading (also
retaining walls and seawalls) with backfill, filling of waters/wetlands, or any other
bank stabilization fills such as riprap, revetments, gabions, etc.
1. Indicate the total volume of fill (including backfill behind a structure such as a
· bulkhead) as well as the volume of fill to be placedinto waters of the United States.
The amount of fill in waters of the United States can be determined by calculating
the amount of fill to be placed below the plane of spring high tide in tidal areas and
below ordinary high water in non-tidal areas. ..
2. Indicate the source(s] and type(s) of fill material.
3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc.). Would
any temporary fills be required in waterways .or wetlands to provide access for
construction equipment? ff so, please indicate the area of such waters and/or
wetlands to be filled, and show on the plan and sectional views.
The foregoing requests basic information on the most common types of projects
requiring Department of the Army permits. It is intended to obviate or reduce the
need for requesting additional information; however, additional information may be
requested above and beyond what is requested in this form.
Please feel free to add any additional information regarding your project which you
believe may facilitate our review.
Page 4
PROJECT I.D. NUMBER ~ 617.:;1 ~
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
'ART I--PROJECT INFORMATION {To be completed by Apl>licant or Project sponsor)
t. APPLICANT tSPONSOR I 2. PROJECT NAME
James E. ~itzgerald, Jr. I Miller sculpture
3. PROJSCT LOCATION:
Mu.~cipa.,y Southold County Suffolk
SEQR
4 PREC/SE LOCATION (Slreet address end road Intersecllons. prominent landmarks, etc., or provide map)
1610 Paradise Point Road, Southold, New York 11971
See attached maps.
5 IS PROPOSED ACTION:
[] New [] Expansto~l [] Modlflcalionlalteratlon
6. DESCRIBE PROJECT BRIEFLY:
Coll.qhllCt platfi'~rm on lop of the end of an existing wood groin. The proposed plat form will snpport a rnelal sculptttrc
approx~n~.ely 35 feet tall m~d 6 feet in dimneter The platform ,aSll be less d~mt 61) sq. fi. in area. m~d will t~e eid~er Stlnm'e
or hexagotml in shape. I1 will be supported by Ihs e:<i~ting piles ,'~ the seaward end of Ihs existing groin, phis up m fo.r
~(klifiotml piles installed widin~ the 6(I sq. fl m-eR ce]tiered on the end of Ihs existing groin
7. AMOUNT OF LAND AFFECTED:
N/A acrO$ Ulll~ately N/A acres
8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
I~ Yes [] NO If No. describe briefly
~. WHAT IS PBESEi~IT LAND USE IN VICINITY OF PROJECT?
[] Resldenllal [] Industrial [] Commercial [] Agrlcullure [] Park/Forest/Open space [] Other
Describe:
Large-size private waterfront res idences.
~0. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTI~AI ELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.
STATE OR LOCAL)?
--[] Yes--..~ NO If yes. Iisi agency(s) and perrnitlal~p~ovals No approvals- to date,
Required: NYSDEC, NYSDOS, NYSOGS, USACoE, Southold Trustees
t I. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No fl yes. Iisi agency name and Dermlllapproval
12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes [] NO
. CSRT,~ mat THE ,NFORMA*,ON PROV,DE~ ASOVE .S TRU~ TO T.E BEST OF MV KNOWLEDGE
· Jame,s~.) [tzgerald, Jr.
-- ;D--. iff .
,," ./ /
~'f'~'he action is in'lk'e Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
t
PAflT II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordlnale the review process and use the FULL EAF.
[] Yes [] .o
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS tN 6 NYCRR, PART 617.67 I! No, a negattve declaration
may be superseded by another Involved agency.
[] Yes [] NO
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
polenUal for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community o¢ neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife s~ecles, algnltlcanf habitats, or threafened or endangered species? Explain bfletly:
C4. A community's existing plans or goals as officially adopted, or a change In use or Intensity of use of land or olher natural resources? Explain briefly
C5. Growth, subsequent development, or related actlviUes likely to t~ induced by the proposed action? Explain brleUy.
C6. Long term, short term, cumulative, or other effects not Identified in Cl-C57 :Explain briefly.
C7. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly.
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] NO I! Yes, explain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE ('1'o be completed by Agency)
· INSTRUCTIONS: F~r~achadversee~ectident~f~edab~ve~determ~newhether~t~ssubstant~a~arge~mp~rtant~r~then~ses~gn~ficant~
Each effect should be assessed In connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d}
Irreversibllity; (e) geographic scope; and (l) 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 adequately addressed.
[] Check this box if you have Identified one or more potentially large or significant adverse Impacts which MAY
occur. Then proceed directly to the FULL 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 action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Name of Lead Alency
Title of ResDonsibleOtficer
Signature ol ResPoeS~ble Officer in Lead
Gate
2
James E. rtZzgerald, Jr. JUL ~ 8 1997
'"'"' -'"" RECEIVED
P.O. Box 617, Outehogue NY 11935
). 516-734-5800
PROJECT DESCRIPTION:
Cons~m~ct platform on lop of the end of'mm ------------------~sling wood 8TOin The proposed p{atl'nrm v~ll support a metal
scutplme apinoximately 35 f~ tall and 6 feet in d~amcler. ]he plaffoml will b~ less than 60 sq. fl M area. and
exi.nting gmoin, plus up lo fmu' additional pil~s inslall~d ~lhin ~he 60 sq. ii. area c,~nlet~d an the e~ld of ~he exisl-
{'ur~la ot ~utlvtty~ PlaZtorm will suppot~ a wock or act,
Suffolk Southold .1610 Paradise Point
-1-
July 21. lqq7
(518)
~uiy 21~ 1997
Re: Application of James Miller
COASTAL ASSESSMENT, Item 2A (POLICY 44):
The proposed platform will be suppofled by four or six small-diameter piles. The decking, less
than 60 ~. fl. in area, is over the end of an existing wood groin in an area devoid of wetlands
vegetation. These additional piles at the end of the groin structures will not have any significant
added effect upon tidal flow and currents. The minimal size of the structure and its location at
the end of an existing groin will ensure that there will be no significant adverse effect upon any
of the factors considered in this Policy.
The proposed project will have no adverse effect upon wildlife, fish, or shellfish or their habi-
tats because of its minimal size and their scarcity in the immediate area: nor will it adversely af-
fect flood and storm control. There will be no adverse effect upon natural pollution treatment,
groundwater protection, educational and scienlitie opportunities, or the aesthetic appeal of the
area.
The proposed activity, therefore, is not inconsistent with Policy 44.
·
,/
/
SOUTHOLD'
\,
BA Y~
I
HEI
THE AREA OF THE PROPOSED
PROJECT IS CIRCLED
SHELTER ISLAND SO
CORPS OF ENGINEERS DATA
PURPOSE: Construct small platform on top of the end
an existing wood groin to support art sculpture.
DATUM: MLW
IN: Shelter Island Sound AT: Southold
COUNTY: Suffolk STATE: New York
VICINITY MAP
Application r~garding.the prop _c~. ?.f4
James Miller, SCTM~#1000-81-3-19.
Represented by
PROPER-T'PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
June 13, 1997
THE SITE OF THE PROPOSED J
PROJECT IS CROSS-HATCHED J
CORPS OF ENGINEERS DATA
PURPOSE: Construct small platform on top of the end
an existing wood groin to support art sculpture,
IN: Shelter Island Sound
COUNTY: Suffolk
DATUM: MLW
AT: Southold
STATE: New York
TAX MAP I
Application regardingthc prope_rt)5 of
James Miller, S-CTM-gI000-8I-3-19.4
Represented by
PROPER-TPERMIT SERVICES
P.O. Box 617 Cutchoguc, NY 11935
James E. Fitzgem d, Jr. 516-734-5800
June 13, 1997
NEW YORK STATE OWNERSHIP
OF UNDERWATER LAND
CORPS OF ENGINEERS DATA
PURPOSE: Construct small platform on top of the end
an existing wood groin to support art sculpture.
IN: Shelter Lsland Sound
COUNTY: Suffolk
DATUM: MLW
AT: Southold
STATE: New York
TAX MAP II
Represented by
PROPER-TPB~ SER~CES
P.O. Box 617, Cutcho~e, NY 11935
J~es B. Fit~eml& Jr. 516-734-5800
J~e 13, 1 ~7
I
I!/
/I
II
,//
1000-81-3-19.6
JOHN P~- ~ HOCELLI
25O MANOR ROAD
HUNTINGTON NY 11743
"'~:~ ~-~ LtNF_-
LU U-)_ Z
~ "-r' r'~ ~
1000-81-3-19.4
JAMES MILLER
1610 PARADISE POINT ROAD
SOUTHOLD NY 11971
1000-81-3-20
ROBERT GILBERT
PARADISE POINT ROAD
SOUTHOLD NY 11971
.~--~.,tST ~
~ETAINiN&-
/
THERE ARE NO VEGETATED WETLANDS IN
THE PROJECT SITE: J.E. FITZGERALD. JR.:
6/17/97.
STREET ADDRESS OF PROJECT SITE:
1610 PARADISE POINT ROAD
SOUTHOLD NY 11971
CORPS OF ENGINEERS DATA
PURPOSE: Construct small platfom~ on lop of the end
an existing wood groin to support art sculpture.
DATUM: MLW
ILN: Shelter Island Sound AT: Southold
COUNTY: Suffolk STATE: New York
PROJECT 1' LAN
Application regarding the propen'y of
James Miller, SCTM #1000-81-3-19.4
Represented by
PROPER-T ~ERJvlIT SERVICES
P.O. Box 617. Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
Jul), It;, 1997
uJI-
>~
rr'w
Albert J. Krupski, President
John Holza. prel, Vice President
Jim King
Martin H. Gan'ell
Peter Wenczel
office Use Only]
Coastal Erosion Permit Application
~Wetland Permit Application
Grandfather Permit Application
__~ Waiver/Amendment/Cb~ang~ cei'ved Application:
~eceived Fee:$/~'O '. _
/Completed Application
Incomplete · I ' '
SEQRA Classificatio~
Type I Type II {-'"Unlisted
Coordination:(date
CAC Referral Sent:~
~.-Date of Inspection:
Receipt of CAC Report:
Lead Agency Determination:
~hnical Review:
lic Hearing Held:
Resolution:
Tow. Hall
53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1892
Fax (516) 765- 1823
T O__UTHOLD
Name of Applicant
Address
James Miller
1610 Paradise Point Road, Southold NY 11971
Phone Number:(516) 369-4900
Suffolk County Tax Map Number: 1000 - 81-3-19.4
Property Location: 1610 Paradise Point Road, Southold
See attached maps.
{provide LILCO Pole #, distance to cross streets, and location)
AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services
{If applicable)
Address: Post Office Box 617, Cutchogue, NY 11935
Phone: .734-5800
FAX$:
~rd of Trustees Applicatio~
GENERAL DATA
Land Area (in square feet): 130,684 sq. ft.
Area Zoning: R-80
Previous use of property: Pri~rate residential
Intended use of property: ' Private residential
Prior permits/approvals for site improvements:
Agency Date
None known
X No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
X No Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
Construct platform on top of thc end of an existing wood groin. The proposed platform will
· support a metal sculpture approximately 35 feet tall and 6 feet in diameter. The platform will
be less than 60 sq. fl. in area, and will be either square or hexagottal in shape. It will be sup-
- ported by the existing piles at the seaward end of the existing groin, plus up to four additional
piles installed within the 60 sq. fl. area centered on the end of the existing groin.
Board of Trustees Application
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: Aesthetic appeal
Area of wetlands on lot: -0- square feet
Percent coverage of lot: -0- %
closest distance between nearest existing structure and upland
edge of wetlands: -0- feet
Closest distance between nearest proposed structure and upland
edge of wetlands: -0- feet
Does the project involve excavation or filling?
X No Yes
If yes, how much material will be excavated? N/A
How much material will be filled? N/A
Depth of which material will be removed or deposited:
feet
Proposed slope throughout the area of operations:
Manner in which material will be removed or deposited:
cubic yards
cubic yards
N/A
N/A
Statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason os such proposed
operations (use attachments if appropriate):
It is expected that the project will have no significant
effect on the wetlands and tidal waters of the Town.
ffL=-rAiN t N&--
K),I~ LL
CORPS OF ENGINEERS DATA
PURPOSE: Construct small platfom~ on lop of the end
an existing wood groin to support art sculpture.
IN: Shelter Island Sound
COUNTY: Suffolk
DAT[$I: MLW
AT: Southold
STATE: New York
PROJECT PLAN
Application regarding the properly of
James MJllcr~ SCTM #1000-§1-3-19.4
Represented by
PROPER-T'PERIx.~T SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
June 13,1997
PROJECT I D. N~MBER 617.~1
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be compleled by Applicant or Project sponsor)
SEQR
I APMtICANT,SPONSOR 2. PROJECT NAME
James E. Fitzgerald, Jr. Miller sculpture
3 PROJECT LOCATION:
Municlpallly Southold Counly Suffolk
4 PRECISE LOCATION (Slreel address and road Jnlersectlon~. promlnen~ I~ndm;~rks. etc.. or p~ovlde map)
1610 Paradise Point Road, Southold, New York 11971
See attached maps.
5. IS PROPOSED ACTION:
[] New [] Expansion [] Modlflcallon/eHerallon
6 DESCRIBE PROJECT BRIEFLY:
(?onstmct platform on top of the end of' ~ exisfiRg wood g~t'oin. 1'he [)reposed plat form wilt support a racial sculpl~trc
approxanalely 35 feet mil aud 6 feet m diameter The plalfonu z411 be less thmt 60 sq. ff. in area~ and wild be either sqn~e
or hexagoRal in shape. It wall be supported by the existing piles al the seawmd eRd of the existing ~oin. plus up lo four
addilio.~ piles installed withfl~ the 60 sq. I1. ~ea ce.toted o. the end of Ihe existh~g grot..
AMOUNT OF LAND AFFECTED:
initially __ N~A__ acres UUimately N/A acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
~] Yes [] No fl No. describe briefly
g WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Reside,liar [] Industrial [] Commercial [] Agrlcullure [] ParklForesUOpen space [] Other
Describe:
Large-size private waterfront residences.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULI'IMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.
STATE OR LOCAL)?
[]Yes ..~ NO II yes. fist agency(s) arid permlUapprovals No approvals to date.
Required: NYSDEC, NYSDOS, NYSOGS, USACoE, Southold Trustees
I f. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If yes. Iisi agency name and permillapproval
12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes [] NO
r CERTIFY THAT THE INFORMATION PROVIDED AeovE I$ TRUE TO THE eEST OF MY KNOWLEDGE
· James-~tzgerald, Jr.
7/15/97
action Is In{lh'e'/ Coastal Area, and you are a stale agency, complete the
Coaslal Assessment Form before proceeding wllh this assessment
OVER
1
PART fi--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 It yes, coordinate the review process and use the'FULL EAF.
[] Yes [] NO
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative de'clarstlon
may be superseded by another involved agency.
[] Yes [] No
C. COULD ACTION RESULT tN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, II legible)
C1. Existing air qualify, surtace or groundwater c~ualdy or quantify, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goats as officially adopted, or a change In use or Intensity of use of land or other natural resources? Explain briefly
C5. Growth, subsequent development, or related actlvllles likely to be Induced by the proposed action? Explain briefly.
C6. Long term. short term, cumulative, or other effects not Identified in Ct-CS? ~xplaln briefly.
C7. Other Impacts (including changes In use of either quantity or type of energy)? Explain briefly.
D. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] NO If Yes, explain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE ('To be completed by Agency)
INSTRUCTIONS: For each adverse effect Identified above, determine whether It Is substantial, large, importan( or otherwise significant.
Each effect should be assessed In connection with Its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d)
Irrsversibillty; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail fo show that all relevant adverse Impacts have been Identified end adequately addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF 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 action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Name ol Lead ABenc¥
Title ot Responsible Officer
Dale
2
1610 Paradise Point Road
Southold, New York 11971
President
Board of Town Trustees
Town of Southold
Town Hall, 53095 Ma'm Road
Southold, New York 11971
Dear Sir:
Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T
Permit Services to act in my behalf as my agent in the submission and processing of a permit
application for the installation of a sculpture on my property located at the above address,
which is designated by Suffolk County Tax Map No. 1000-gl-3-19.4, and to furnish, upon
quest, supplemental information in support of the application.
STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES
County of Suffolk )
State of New York )
I, James Miller, being dub' sworn, depose and affirm that I am the owner of the property
located at 1610 Paradise Point Road, Southold, New York 11971, and identified by Suf-
folk County Tax Map No. 1000-81-3-19.4, and that all work will be done in the manner
set forth in the present application and as may be approved by the Southold Board of
Town Trustees. I agree 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), ff
granted. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter
upon my property to inspect the premises in conjunction with the review of the present
application.
S,vom to before me this .....'.~.....~...~.. day of ...~.._ .~..~...~..~'7~.., 19..~..?
JOANNE O. KLAUS
Notary Public. State of New York
No. 01 KL5040798
Qualified in Suffolk County ~ ~
Commi~.s,on Expires Marcl~ 20, 19/..~'
OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Z 392 184 467
US Postal Service
Receipt for Certified Mail
No insurance Coverage Provided.
,o not use [or International Mail (See revers~
~'~bert Gilbert
St & Num r,
~ra~sse Point Rd
Z 392 184 468
US F'o~taN Serzice
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse
Sent to
John Petrocelli
Sire Num
~r~lse Point Rd
Postage
STATE OF NEW YORK
COUNTY OF SUFFOLK
James E. Fitzgerald, Jr., residing at 385 Haywaters Drive
Cutcho~ue, NY ,1Q935 , b~_.e, in9 duly sworn, deposes and says
that on the /~ day of ..7~l~ ,19~ , deponent mailed
a true copy of' the Notice set forth in the ~oard 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 office at
were mailed to each of
mail.
Sworn to ~efore me this
day of (~[z~ ,19 ~
N6tary Public
Cut. chogue, NY 11935 , 3~Tat said Notices
said persons~b~ (cer~fJ/~.~9.)
UNDA J. COOPER
Notary Public, State of New York
No. 4822563, Suffolk Counw,/") C'~
Term Expires December 31, 19 ~nf'd'
TO:
John Petrocelli
Paradise Point Road
Soulhoid, NY 11971
l)ate: July 10, 1997
Roberl Gilbert
Paradise Point Road
Southold, NY 11971
BOARD OF TRUSTEES, TOWN OF SOI_FIHOLD
NOTICE TO ADJACENT PROPERTY OWNER
In the matter of: James Miller, SCTM #1000-81-3-19.4
YOU ARE HEREBY GIVEN NOTICE THAT:
1. An application is being submitted to the Board of Trustees for a permit to:
ICon~truct platform on top of the end of an exi~ing wood groin. The proposed platform will
m~ppod a metal sculpture approxflnately 35 feet ~ ~nd 6 feet in dimne~er. Tire platform will be
less than 60 sq. fl. in men. and will be either squme or hexagonal in shape. It will be supposed
by the eJdsth~g piles at the seaward end of the eJdffing groin, plus up to foul additional piles in-
atniled within the 60 sq. fl. m'ea centered on the end of the e~isting groin.
The project described above is proposed on property adjacent to yours. The street ad-
dress of that property is as follows:
I1610 Paradise Point Road, Sothuld, New York 11971
The project, which is subject to Environmental Rexiew under Chapters 32, 37, or 97 of
the Town Code, is opm to public comment. You may contact the Trustees Office at
765-1892 or in writing if you wish to comment.
PROPERTY OWNER'S NAME:
MAILING ADDRESS:
The project described above will be reviewed by the Board of Trustees of the Town of
Southold. The project may require independent review and approval by other agencies of
the Town, State, or Federal governments.
I James l~fillcr
P.O. Box 610
Calverton, New York 11933
PHONE NO.:
516-369-4900
A copy cfa sketch or plan showing the proposed project is enclosed for your convenience.
TO:
John Petrocelli
250 Manor Road
Huntington, NY 11743
Robert Gilbert
Paradise Point Road
Southold, N~' 1197 l
Date: Jul3' 18. 1997
Ellen Doherty
1425 Paradise Point Road
Southold. Nh' 11971
BOARD OF TRUSTEES, TOWN OF SOUTHOLD
NOTICE TO ADJACENT PROPER'Iq? O'¢,'kNER
In the matter of: James Miller, SCTM #1000-81-3-19.4
YOU ,42:LE HEREBY GIVEN NOTICE THAT:
1. An application is being submitted to the Board of Trustees 1'or a permit to:
[Consm~ct platform on top of the end or' an existing wood groan. The proposed platform wilt
s]lppol't It anetal sculpture approXtmately 35 feet tall mtd 6 feet in diameter. The platform axil be
I less than 60 sq. fl. m area. m~d will be either square or hexagonal in shape. [[ vtdl be m[pponed /
by the ex~fing piles a~t the seaward end of rite ex/~ing groin, plus up to lb,ar additional piles in-
i stalled within the6)sq fl. area ce_nte~r~d.?n the end of the e~sting groin. _
The project described above is proposed on properly adjacent to yours. The street ad.-
dress of that property is as Ibllows:
~ 1610 Paradise Point Road, Sothold, New York 1 l~i
The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of
thc Town Code, is open to public comment. You ma5' contact the Trustees Office at
765-1892 or in writing if you vd.qh to comment.
The project described above will be reviewed by the Board of Trustees of the Town of
Southold. Thc projcc! may require independen! review and approval by other agencies of
the Town, State, or Federal governments.
PROPER'IY OWNER'S NAME:
M,~ILING ADDRESS:
PHONE NO.:
James Miller
P.O. Box 610
Calvertom New York 11933
516-369-4900
A copy of a sketch or plan showing the proposed project is enclosed tbr 5'our convenience.
t
CORPS OF ENGIIqEERS DATA
PURPOSE: Construct small platfom~ on top of the end
an existing wood groin to support art sculpture.
DATLrM: MLW
IN: Shelter Island Sound AT: Southold
COUNTY: Suffolk STATE: New York
PROJECT PLAN
Application regarding the properly of
James Miller, SCTM #1000-81-3-19.4
Represented b
PROPER-T PERNRT S~R. VICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 516-734-5800
June 13, 1997
Proper-T Permit Services
POST OFFICE BOX 617. CUTCHOGUE, NEW YORK 11935-0617
~516~ 734-5800
November 18, 1997
President
Board of Town Trustees
Town of Southold
Town Hail, 53095 Main Road
Southold, New York 11971
Re: James Miller, SCTM #1000-81-3-19.4: Affidavit of Posting
Dear Sir:
Attached is the Affidavit of Posting of the notice of the public heating concerning the proposed
amendment to the previously-issued Permit No. 4772.
a subsidiary of
THE PECONIC EASTERN CORPORATION
Albert J. gampski, President
,I~apfel, Vice Presidem
John
.Tim King
Martin H. Garrell
Peter Wenczel
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SO~OLD
7D the Matter of the Application
of
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
i:ames E. Fitzgerald, Jr ....
- , resl~lng at 385 Haywaters Drive
Cutchogue NY 11935
being duly sworn, depose and say:
That on the 10th~ay OfNovemb~rl997, I personally posted the
property known as 1610 Paradise Point Road~ Southold ~Pf 11971
by placing the Board of Trustees official poster where it can
easily be seen, and that I have checked to be sure the poster
has remained in place for seven days prior to the date of the
public hearing. (date of hearing note~ thereon to he held ~
?: f.r;., Il-re-- 77
sworn to before me this
N 'aay of 30J.
Notary Public
Notary PuUic, Sm~e of Ne~ Yo~'
No.4895125
Oua~;fied in Suffolk County
Comm~io~ EX~irea Uay 25,
Albert 3.. Krupski, President
JoVan Holzapfel, Vice President
Sim King
Martin H. Gan-ell
Peter Wenczel
Town Hall
53095 Mnin Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fnx (516) 765-1823
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
I,James E. Fitzgerald, ~r~esiding at 585 Haywaters Drive
Cutcho~ue~ NY 11935
being duly sworn, depose and say:
That on the 22ndday of July, 1997, I personally posted the
property known as ~610 ~aradise Point Road, Sou~hold
by placing the Board of Trustees official poster where it can
easily be seen, and that I have checked to be sure the poster
has remained in place for seven days prior to the date of
public hearing. (date of hearing noted thereon to be held
% to befqre me this
· ~ay of ~ 199~
Public ~
NO1 MAZZAFERRO
N~ State of New