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HomeMy WebLinkAboutTR-3639THIS PERMIT IS CONDITI~D AGAINST THE USE OF TB OTHER ORGANO-TIN BOTTOM PAINTS EXCEPT WHERE EX"~RESSLY PERMITTED IN WRITII~ BY THE TOWN TRUSTEES. Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTION5 IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR 'OTHER MATERIAL5 FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeflng held on . ~ep~...~.~, 19....~.~..., and in consideration of the sum of $ ~4~.~0 .. paid by Broadwaters Cove Association, Inc. of ....... ~..u..~.~.'~ .......................................... N. Y. and subject to the Terms and Conditions I;sted on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: To dredge and fill and to construct 2-20' x 4' docks and 2- 14' x 3~ fingerw and hinged ramp ~ith 3 pilings and to re a bulkhead and catwalk. Broadwaters Cove, Cutchogue. 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. Trastee~ Please tear off and return to the Trustee Office. Board Of $outl Old Town Trustees SOUTHOLD, NEW YORK Mooring Permit No. Date: Mooring No. I, certify that the work as .authorized in this permit has been completed and is now ready for your inspection. Also, the number required on this project is clearly visible. I further understand this permit is not valid until this tear off sheet is returned to the Trustee Office. TERMS and CONDITIONS The Permits Broadwaters Cove Association, Inc. I[~ 'din Mason Drive, Cutchogue lowing: 1. That the Trustee Penuit n~st be prominently displayed on the pr~uises effected thereby during the period of ~rk under the permit. I. That the said Bo~d of Trustees and the Town of Sour. hold are released from any and all damages, or da~ for dam~gas~ of ~ ar/sing dlr~tly or indirectly as a reset of an~ op~- ation performed pu~nant to this permit, and the said Permitt~e will, at his or her own expend, : defend any and all such mi~ initiated by third parkas, and the said Permitten assum~ ~ liability with respect thereto, to the complet~ exclusion of the Board of Tcoste~ of the Town of Soushold 2. That this Pem~it i~ valid for a period of 12 ~ which is considered to I~ the estimated time required to complete the work involved, but shonM circun~tanc~ w~raor, m~u~ "for an extension may be made to the Board at a later date. 3. That this Permk should be retained indef~itely, or as long as the said Pern~tme w~shas to maimain the structure or project involved, to provide evldmce to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or .its agents, and non-compliance with the provisions of the ofi~nnting application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authotized. 6. That there shall be so interference with the fight of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town o[ Southold require the removal and/or alteratiOnS in the location of the work herein authorized, or if, in the opinion of the Board of Trainees_, fizz work shall cause unreasonable obstcomon to free navigation, the said Permittee will be ~ upon due notice,'to remove or alter this work or project herein stated without expe~es to the To~a of Southold. 8. That the said Board will be nod~ied by the Permlttee ot the completion of the work auth- orized. 9. That the Permittee will obtain all other pennies and consent~ that may be required plemenral to this Eermit which may be subject to revoke upon failure to obtain same. (See tear of~ sheet. ) TOWN OF SOUTHOLD BOARD OF SOUTHOLD TO~,¥N TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No....~.6..?.. ........... has been granted by the Town Trustees according to information furnished in Application No.....5..1..0......~ ..... flied by Applicant ...B.?..o..~..~.w..~.t.e.~.s.....C..o.y..e....A..s. soc. Inc. __ March 3, 87 ........................................ u. .............................. 19 .......... A map of the proposed work will ~.,e kept on file in the Trustee Office under the application number given. Permit granted to do the following work ...?..°...~.e.~.l.~.c..e....a....b..~..1..1S.~.?..~.~..~.n..d.....e..~.t.~..~...~.Bfl..~9 ............ .............................................................................. Location of properW on which work to be done .....~.s..o..~....?.~?..e.:....C..?..t.c...~..o..g..~..e.. ............................ ......- Creek, Bay or Harbor fronting properW .... ..~.~.o.~.d...w..~..t..e.[.s....C..o..¥..e. ......................................................... Size of work: Length ...1,.2.l.....2..°..'.....7...1..2.!....1.'.4.' ....................................................................................... Width (Z) 4' - (2) 3' Height Above High Water Depth Below Low Water ................................................................................................. Yards to be Excavated ......d..~..e..d.~..e...,4.0.....c..u.:...X.d,s..: ........................................................... Yards to be Filled ........ ~4~c~u~:~X~d~s~:~f~i`~b~e~h`~i~n~d~b~u~`k~h~e~ ............................... Manner in which material is to be removed or deposited ......................................................................... Intended use of property r.ecre.a, tional Conditions if any .................. . . Expiration Date September 24, 1989 if work has not commenced by said date. Number of Inspections Required 2-Trustees are to be notified upon completion of the work. Inspection Fees ....... $..1, .0. :..0..0, ..p. ,a. ~, .d. ........................................................................................................ - Liability Policies in the Amount of ...T,'Z.T,7.T,T.T,?,T.T, ZT, T.T.T.T.T.T~,~..T~..'T.Z.T.'T:Z~ZZ:ZZZ ................................. The validity of this permit is or may be subiect to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the 'event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations, By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by ~is permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and empioyees to enter upon the premises where such operations are being conducted so make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit, This operation will not substantially: A. Adversely affect the wetlands of the town, B. Cause damage from erosion, turbidity or siltation. C, Cause saltwater intrusion into the fresh water resources of the town, D, Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof, Eo Increase the danger of flood and storm-tide damage, F, Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town, G. Change the course of any channel or the natural movement or flow of any waters. H, Weaken or undermine the lateral support of other lands in the vicinity. I, Otherwise adversely affect the health, safety a,nd general welfare of the people of the town. Board of Southold Town Trustees TR~USTEES John M. Brede~neyer, IlL President Henry P. Smith, Vice President Alberta Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthil Telephonel (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 A~ril 20, 1990 W~lliam J. Breem B~oadwaters Cove Association Mason Drive C~tchog'ue, ~ 11935 R~: Broadwaters Cove Association D~ar Mr. Broom: ! B~ing formiliar with the site in question and having reviewed t~e permit for same, I have determined that replacement of p~lings in confirmation with Permit #3639 shall be considered an o~dinary repair at this point in time. If ,ou have any further questions, please do not hesitate to ccntact this office. Silcerely, ~ in M. Bre~ President, Board of Trustees JM3:jmt en~. BOARD OF TOWN TRUSTEES 53095 M~du R-:-! Phoae 765-1892 '!'O~ N OF SOUTIIOLD SoulhoM, N. Y. 11971 ~,.. A BOARD Judith T. Terry, Town Clerk BOARD OF ToWN TRUSTEES .- 53095 Main~ Road Phone 765-1892 uthola N Y. 11971 ~ ~ 19 " BOARD OF TO~ TRUSTEES ~ROADWATERS COVE ASSOCIATION, Post Office Box 79! Cutchogus, New York 11935 March 23, 1988 Mr. John M. Bredemeyer, III, Board of Town Trustees Town Of Southold Post Office Box 728 Southold, New York 11971 President Dear Mr. Bredemeyer: As requested in your letter of March 4, 1988, I enclose a check in the amount of $344.00 for the additional fees quired because some of the work is being conducted o~. Town Bottom. For our records, could you direct me to the regu- lations governing fees of this sort? In my February 25, 1988, letter I asked about inspections: "The 9/28/87 letter also states that 'two inspections are required.' Is it necessary that we notify someone at some particular times during the work? If so, to whom should the notification be directed, and at what phases of the work?" Could you provide this information? Thank you, once again. HENRY, P. SMITH JOHN~.BREDEMEYER, III, President Joh~Bednoski, Jr. ALBEI;fr KRUPSKI, JR., Vice-President BOARD OF TO~'N TRUSTEES TOWN OF SO~HOLD Town Hall, 53095 Main ~oad P.O. Box Sonthold, New York I March 4, 1988 Mr James E. Fitzgerald, Jr. Pre sident Br6adwaters Cove Association, Inc. Po~t Office Box 791 Culchogue, New York 11935 Re: Broadwaters Cove Association, De~r Mr. Fitzgerald: Inc. - Application No. 510 TELEPHONE (516) 765-1892 abo the pri~ the we will Upon receipt and review of your February 25, 1988 letter regarding the we matter, please be advised that your permit will be amended to include three (3) pilings. We would also like to advise you that there are additional fees due ,r to the issuance of your permit. This was determined after reviewing file and seeing that this work is being conducted on "To~vn Bottom" and request that you remit the fees as follows: floating docks 20' x 4' = 80 sq. ft. ea. 160 sq. ft. $ 160.00 finger docks 14' x 3' = 42 sq. ft. ea. 84 sq. ft. 84.00 I pilings $25.00 ea. 75.00 Frustee Application Fee 25.00 'oral due: $ 344.00 'hank you for your cooperation in this matter. Upon remittance your permit be forwarded by mail. Very truly yours, John M. Bredemeyer, III, President Board of Town Trustees JM B: ip ~OADWATERS COVE ASSOCIATION, Post Office Box 791 Cutchogue, New York 11935 February 25, 1988 Mr. John M. Bredemeyer, President Bpard of Town 'rrustees Tpwn Of Southold P~st Office Box 728 S~uthold, New York 11971 _R~:_ Broadwaters Cove Association~ I__nc~.____Al)~!l_'c~a~_i_qn- No. 5~10_ Dial' Mt'. Bcedemeyer: This acknowledges Mr. Henry P. Smith's letter of September T] S 1987, which ,tifies us of tile Trustees' resolution granting us permission to proceed with ~rtain work on our Association docking facilities. mlier this week I was assured that the Corps of Engineers Draft Permit woald mai]ed to me today, and so we a getting ready to begin the work when all is order. is my understanding that the letter I have from the Trustees and the peso ttion granting permission ape our authority, as far as the Trustees are con- ~rned. to proceed with the work and that no other papers are to he obtained 'om the Trustees. Is this correct? enclose, as requested in the 9.,'28/87 letter, a check for $10.00 which is the ~tland hlspection Fee, and a Certificate of hlsurance naming the Town as an Idit ional insured. ~e 9/28/87 letter also states that "two inspections are required." Is it ~cessary that we notify someone at some particular times dur lng the work? If ~. to whom should the notification be directed, anti at what phases of the ; requested in the letter, I visited with Mr. Lessard on January 22, 1988, ~d he stated that no additional permits ace required from any other Town encies. ~e last point needs to be clarified. Our original application to the Trustees sled among the proposed activities "replace three existing pilings". This iem is not iacluded in the statement of the approved activities in the peso ltiou reported in tile 9/28/87 letter. I assume that this is an oversight, rice as far as I can recall there was never any discussion about or objection ~ this phase of our proposal. If indeed it is an oversight, may we have a ,itten authorization to include this item in our project? T~anks again to you {and good luck in your term as President), and to the Bcard for your continued interest and cooperation. COMPANIES AFFORDJ ~,L; COVERAGE HAF:TFOf::L"~ IN~- CO EXCESS LIABILITY WORKERS' ~OMPENSATION AND EMPLOYE~S' LIABILITY OTHER ,. i 3/¢j4/8~., ~/0.4,/88 300 TOWN OF SOUTHOLD MAIN RD SOUTHOLD N Y 11971 ADDITIONAL INSURED: TOWN OF SOUTHOLD AS RESPECTS DOCK AND BULKHEAD REPAIR TOWN CLERK TOWN OF SOUTIlOLD co,,,~,. Nc~, York s,6. ~6s.~8o~ N.° ' ~ 5 ~ ~ 0' Judilh T. 'Ferry, Town Clerk RegUlatory Branch Public Notice No. 13175-86-1414-L2 Pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will mot ~ffect those species listed or their critical habitat. Based t~pon a review of the latest published version of the National R~gister of Historic Places, there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act wlll include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this pablic notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from, and any comments on, should be addressed to the New York State Department of State, Division of Local Government and Community Services, Coastal Management Program, 162 Washington Avenue, Albany, New York 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant ~a~ obtained or requested the following governmental, authorizations for the activity under consideration: A Tidal Wetlands Permit from New York State Department of Environmental Conservation A Wetlands Permit from Southold Township It 18 requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and ~o did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at t 'spheric (212) 264-3912 and ask for Mr. Steven R. Mars. 2 Incls: 1. Description of Work 2. Drawing(s) Marion L. Caldwell, Jr. Colonel, Corps of gngineers District Engineer NA~ FL-129-1 l~a7 83 O~ W~ rpose: Replace deteri- Lting bulkhead and walk- and provide added :king. SECTION C-C Scale: 1" = 10' DATUM: MLW App # 86-1414-L2 PROPOSED BULKHEAD AND WALK- WAY REPLACEMENT, ADDITION ~ TO WALKWAY, AND ADDED FLgA~- lNG DOCKS AND FINGER DOC~ . /.---'" ' ?~,o'~ ~r,'~og.~(~) [ ./' "-...... / ~ m~'~ , ./.m~m ~,,~.r~..~ ............. '~o~ -~ ~ 'I /, ~ ~' ..~ =b x~' -% I./ I ~1,~ I./j, I ~,~_ 'q.. ............ -/I ~,z ,I I I . I ,,,~ ~ v,, I I I ,~ I tn: ~voaawa~v~ cow ~ Ooungy ct: Suffolk I Breakwater80ow A~8~n Xn~. P.O. Box ~9~, ~rpooe: Replace PLAN VI~ PRO~SED BULKH~D AND WALK, deteriorating bulk- Scale: 1" = 40' WAY REPLAC~ENT, ADDI- head and wal~ay and DATUM: ~W TION TO WALKWAY, AND ADDED provide added docking App ~ 86-1414-L2 FLOATING DOCK8 AND FINGERS 5/H87 PUBLIC HEARING IN THE MATTER OF BROADWATERS COVE ASSOCIATION N( T} Hi Or Tt TI' re Ja ~TICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY E TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN .LL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, SEPTEMBER 24, 1987 THE ~FOLLOWlNG APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF [E WET~AND ORDINANCE OF THE TOWN. the matter of the application of James E. Fitzgerald, Jr. for the Broadwaters ze Association for a Wetland Permit. ~stee Smith: Is there anyone who has something that they would like to say :arding this application. If there is please come up and state your name. ~es E. Fitzgerald, Jr.: I'm James E. Fitzgerald and I am here in case there ar~t any questions regarding this application. One point I'm not sure if I included in/the information, we have a permit from the D.E.C. for the project. Nopmand Boos: My name is Normand Boos, I~m here to register my opposition in this matter. Two questions, on the 50% rule for expansion, there is a letter from Mr~ Lessard, Mr. Fitzgerald does not have to go before the Board of Appeals. Is that true, and does that pertain to everyone? Trbstee Smith: I believe... Trpstee Bredemeyer: I have the communication here. This question might be better addressed by the Town Attorney. We are not the Z.B.A. and we are not the gate keepers for where the applications go to other divisions in Town Government. ! Tr st~ of ne Tr~ Tr~ he~ A ~ Co~ Cie the Tr~ Cie Tr~ ~stee Smith: We have a letter from the Building Administrator, Victor Lessard res as such "The present amended application, as submitted, for the expanding the marina, does not exceed the 50% value, in improvement, of a non-conforming and would be allowable within the present zoning laws, provided all other :essary permits and approvals are obtained." Victor Lessard. Boos: Has a S.E.Q.R.A. determination been made? Lstee Smith: We are going through the process now. :stee Bredemeyer: We made a determination pursuant to S.E.Q.R.A. prior to the ring which was recessed (and resumed this evening) it was a negative determination. [etermination of negative significance. I believe that the Conservation Advisory .ncil has gone out on this project, I don't know ~vhat the final recommendation ~vas? rk: The C.A.C. asked for more information t~vice. They recommended approval of project on June 24, 1987. stee Smith: Was this the amended project. rk: I believe so? tstee Bredemeyer: I'm not sure, I believe that this'project was still a larger project PaI ~e 2. Br.>adwaters Cove Association - Public Hearing - September 24, 1987. as bir Ch Tr the apl on rex/ to the fro res res Zrl Trl the Mr. the Tr! the be Tr! has Tru Mr. no parl Tru a B Ord of June. Maybe Sir. Holzapfel would like to comment. Holzapfel: That is the meeting where everything turned over with different Mrpeople and everything. ~stee Bredemeyer: You can reviexv the file if you xvant to? If that is the case, ~r determination was the same for a larger scope project, they recommended royal. The Army Gorp permits are not a prerequisite for this Board to act an approval unless we had a positive declaration where we would do a coordinated Jew of all agencies. This was an unlisted environmental action, not considered )e of environmental significance so the various permitting agencies could permit on .r own through their permit process. The applicant would have to get a permit all the agencies that had jurisdiction before doing the xvork. Again, we are not *onsible for an applicant submitting to other boards for approvals. We are only ~onsible that they go through our process properly. .stee Larsen: Does that letier from the Building Dept. based on the revised plan? .stee Smith: Yes. .stee Larsen: The project is not large enough to require a Zoning change. let the current zoning laws, as far as the Z.B.A., or according to Mr. Lessard project falls under a permitted use as far as the Z.B.A. is concerned. Boos: Also, I don't see anything in the application as to a parking plan, size of boats? .stee Smith: As far as the size of the boats is concerned, that is regulated by size of the slip or facility they have there. As far as parking, that would not one of our concerns. .stee Bredemeyer: They have sufficient parking there for the limited number of :e there was that we reviewed. We found no problem and the recent submission been scaled down further. stee Larsen: They are asking for two additional docks from what they had before? Boos: The original application that they submitted, they claim that they have larking. They request none. Now, for a nonconforming marina use you must have ting. ~tee Bredemeyer: There was sufficient space to park cars. You are addressing )ard that is not empowered to act on parking space. We are acting on the Wetlands .nance to see that the on site drainage is properly controled and that there is [cient room for the small number of slips. We had no trouble steering a station wagon around and navigating in the area. is ~eyond our jurisdiction. Mr. Itu pasi Tru There was no problem with this what so ever. It Boos: Who would have jurisdiction on that? ~tee Bredemeyer: The Building Dept. would have to reviexv it for the possibility of ing it on to the Board of Appeals? ~tee Krupski: Didn't the letter from the Victor Lessard say ..... Pa~e 3. Br~adwaters Cove Association - Public Hearing - September 24, 1987. TrUstee Bredemeyer: This is a letter to Henry Smith, Pres., Board of Trustees frown Victor Lessard, Admin, Building Dept. Executive Administrator regarding Br~adwaters Marina. It says "The present amended application, as submitted, for the expanding of the marina, does not exceed the 50% value, in improvement, of ~ non-conforming use, and would be allowable within the present zoning laws, provided all other necessary permits and approvals are obtained." Now that would sta:~d until, if you wished, to have that under further review by the Building Dept. Trtstee Smith: Mr. Fitzgerald, is there anything that you would like to say? Mr. Fitzgerald: Our concern was that this amended project would not have an implact on the environment. Trttstee Krupski: The amended application still includes the dredging, doesn't it? TrUstee Bredemeyer: Yes it does. TrUstee Smith: We have another letter from the Building Dept. dated September 10, 1987. which states: "Mr. Fitzgerald Jr. submitted a revised, scaled down proposal for ~xpansion of the non-conforming marina. In so doing, the reduction was sufficient enough to avoid having to go to the Zoning Board of Appeals for their approval. As~ indicated in my memo of August 21, 1987, this does not mean that the project is Oxempted from action of any other board. It will still require approvals from your boa:'d and also site plan approval by the Planning Board. I would suggest that the Trustees proceed with this application, and based on their decision, the Planning Boa] can then determine what would be required on a site plan for approval. I trust this will eliminate any confusion that may have arisen. I am available, if my assistance is further required." Ste, e Latson, Southold Town Baymens Association: I would like to know exactly what theI want. Trustee Bredemeyer: [ have it here. Mr. Holzapfel, C.A.C.: When we first went to look at the project, they wanted to put in 8 or 9 slips in a small area. I think that they were only proposing 4 new slip ~. Mr. Latson: Are they still proposing to dredge? Trustee Larsen: Yes, they are still proposing to dredge. Trm tee Smith: Steve, do you want to come up here and look at this? Trustee Bredemeyer: There is maintenance dredging of 40 cu. yds. you can't take mucl less than that. Trustee Smith: Are there any other comments on this application? Stev~ Latson:I have a comment, that is on the dredging that you make sure that it is Iimit.~d to 40 cu. yds. before and after survey. True'tee Bredemeyer: That is the standard. Stew Latson: There is three feet there already. It wsuld look like the only part that Would need dredging is the area by the bulkhead. To me that would be 40 yds. Pa ~,e 4. Br~adwaters Cove Association - Public Hearing - September 24, 1987. Tr~ in ust want to make sure that that is all that will ever be touched. tstee Smith: Are there any other comments? No response. Do any of the Lstees have any comments. No response. Then I will close this public hearing Lhe matter of the application of Broadwaters Cove Association. ~ring closed 8:03 P.M. Ile&e Pfifferling, Sec. ,Board of Trustees HENRY JOHN M PHILLI1 ALBER' ELLEN Mr. Pres Bro~ P. ( Cute Re: Deal Adv: copTy for ~.SMITH, President BREDEMEYER, Vice-Pres. 'J. GOUBEAUD 'KRUPSKI, JR. ~.LARSEN BOARD (IF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 October 2, 1987 James E. Fitzgerald, Jr. [dent dwaters Cove Association, Inc. ~. Box 791 hogue, New York 11935 Broadwaters Cove Association, Inc. - Application No. 510 Mr. Fitzgerald: Pursuant to your request, please find enclosed a copy of the Conservation sory Council's recommendations regarding the above matter. Please remit twenty-five (.25) cents to this office to cover the cost of the · Make check payable to the Southold Town Clerk's office. Thank you tour cooperation. Very truly yours, Ilene Pfifferling, Clerk Board of Town Trustees att; :hment BROADWATERS COVE ASSOCIATION, INC. Post Office Box 791 Cutchogue, New York 11935 September 30, 1987 Mr. Henry P. Smith, President Board of Town Trustees Town Of Southold Post Office Box ?28 Southold, New York 11971 Re: Broadwaters Cove Association, Inc. - Application No. 510 Dear Mr. Smith: If the Board of Town Trustees received a written opinion from the Conservation Advisory Council concerning our project, I would appreciate receiving a copy of it for our files. I will be out of town for the period 10/3/87 through 10/19/87, so if there is any need to contact me concerning our appli- cation during that time, please either write or leave a message on my telephone answering machine, with the understanding that I will not be able to respond until after 10/19/87. Thank you once more for your continued interest in our project. Yours trul~ /. /~es E. FitzgE //resident ~/ Broadwaters Cove Marina Norman C. Boos Evelyn Z. Boos P.O. Box 432 Cutchogue, ~[Y 11935 ie~t. 30, 1987 ~outhold Town Board of Trustees ~a~n Rd. ~own Hall ~outhold, ~Y 11971 [ttn: Ms. Pffiferlin~ Re: Broadwaters Cove Assoc. )ear Ms. PF~iferlin~, ,;ith re~ard to the Broadwaters Cove Association, I resmect- ?ully request the complete minutes o~ r. ublic hearin~ which was held om Se~t. 24th, 1987, Once a~aln, I should also request the tapes not be destroyed until I have reviewed sald minutes, Thankin~ you in advance for your courtesy snd coo~eratlon with re~ard to this mstter, incerelv. ~velvn/Boos TELEPttONE (516) 765-180[  Somhold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL June 24, 1987 To: $outhold Town Trustees From: Linda Cooper, CAC Secretary The Southold Town Conservation Advisory Council held its regular meeting June 18, 1987. The following recommendations were made at that meeting: No. 527- Mr. and Mrs. John Lang - Recommend approval with the stipula- tion that applicant does not distub the natural vegetation (spartina wetland). No. 528 ~ Mr. and Mrs. Alan Watson - Recommend approval. No. 529 - Hide-A-Way Boat Basin- Recommend approval. No. 530 - West Lake Association - Recommend approval. No. 531 - Alexander Koke - Recommend approval of the berm and filling. No. 532 - Gardiners Bay Property Owners Association - Recommend approval. No. 533 - Yah H. Rieger - Recommend approval. No. 534- Peter Fakiris - Recommend approval of the dock but disapprove of the bulkheading. The CAC suggests applicant extends the ramp from the base of the dock up further and that would eliminate the need for the bulkheading. The CAC does not approve of the bulkhead because there are no other bulkheads in the area and the bulkhead would create erosion problems. No. 536 - John C.W. Campbell - Recommend approval with the stipulation that a 50' natural vegetation buffer be maintained between the house and bulkheading. No. 510 - James E. Fitzgerald Jr., Pres., Broadwaters Cove Association, Inc. Recommend approval. No. 522 - Michael S. Gillilund - Recommend approval with the stipulation that it be mandatory that applicant does not disturb the natural vegetation buffer between the house and bluff, If you have any questions please do not hesitate to contact me. " Linda J. Cooper Secretary CAC HENI JOHI~ PHIL ALB] ELL] iY P. SMITH, President M. BREDEMEYER, Vice-Pres. LIP ]. GOUBEAUD ',RT KRUPSKI. JR. ',N M. LARSEN BOARD OF TOWN TRt'STEES TO~N OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 28, 1987 TELEPHONE (516) 765-1892 rr. James E. Fitzgerald, Jr. esident roadwaters Cove Association, Inc. . O. Box 791 utchogue, New York 11939 le: Broadwaters Cove Association, Inc. - Application No. 510 ear Mr. Fitzgerald: The following action was taken by the Board of Town Trustees during their r~gular meeting held on September 24, 1987 regarding the aobve matter. ~HEREAS, James E. Fitzgerald, Jr. on behalf of the Broadwaters Cove Association, I~c. applied to the Southold Town Trustees for a permit u~der the provisions of the Wetland Ordinance of the Town of Sputhold, application dated March 3, 1987, and V~HERE~S said application was referred to the Southold Town Gonserxation Advisory Council for their findings and P ti W f~ W W n ti N R A P A X D ~commendations, and HEREAS, a public hearing was held by the Town Trustees with )ect to said application on May 28, 1987 at which time ail interested .~rsons were given an opportunity to be heard, and the meeting was recessed and en reconvened on September 24, 1987, and HEREAS, the Board members have personally viewed and are miliar with the premises in question and the surrounding area, and HEREAS, the Board has considered ail the testimony and documentation ~bmitted concerning this application, and HEREAS, the Board has determined that the project as proposed will affect the health, safety and general welfare of the people of DW, THEREFORE, BE IT ESOLVED that James E. Fitzgerald, Jr. on behalf of the Broadwaters Cove ssociation, Inc. BE AND HEREBY IS GRANTED PERMISSION UNDER THE IOVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD AS !,IENDED TO: replace a deteriorating bulkhead and catwalk and to construct (2) 4~ docks; (2) 14t x 3~ f~ingers and a hinged ramp. Property is located on Mason t'ive, Cutchogue. 3 ~.~.~pLqn.; ck.q.~o , 20' HENR~ JOHN PHILL ALBE[ ELLE[ T° FrSm: Daze: P. SMITH, President [. BREDEMEYER, Vice-Pres. P J. GOUBEAUD T KRUPSKI, JR. M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE (516) 765-1892 Victor Lessard, Admin., Building Dept. Trustee Office Broadwaters Cove Association, Inc. Application No. August 7, 1987 510 Vi th thl ap Tk c, please find attached a copy of a letter from Mr. James E. Fitzgerald, Jr. behalf of the Broadwaters Cove Association, Inc. regarding amendments ay wish to make on their application before the Board. Will you please advise office in writing your determination on the need of the other Town Dept. covals after these revisions were submitted? ank you. BROADWATERS COVE ASSOCIATION, INC. Post Office Box 791 Cutchogue, New York 11935 August 4, 1987 Mr. Henry P. Smith, President Board of Town Trustees Town Of Southold Post Office Box ?28 Southold, New York 11971 Re: Broadwaters Cove Association~ Inc. - Application No. 510 Dear Mr. Smith: As a result of your letter of June 25, 1987, I spoke to Mr. Lessard on July ?, 1987 concerning our application, and he was very helpful in reviewing for me the laws and regulations which apply in this case. Attached is a revised site plan for our project in which the number of added, floating docks is reduced from three to two, and__ in which the__number o~. finger docks is also reduced fro_m three to two. Further, the size of the floating docks is ~educe~ to-~' x 4' from the previously stated 20' x 6'. I think that these changes should make the plan acceptable to the Building Department and the Zoning Board of Appeals. I would appreciate it, therefore, if you would officially in- corporate the attached drawing, dated 8/3/87, into our appli- cation. Mr. Lessard's memo of June 2§, 1987, to the Trustees suggests that after approvals are obtained from the ZBA, "an amended site plan would be required for parking approvals, etc., by the Planning Board." I would like to ask that the need for this additional approval be reviewed since the property is, essen- tially, all parking space. Thank you for your continued interest in our project. Yours //"President fl cc: Mr. Victor Lessard, Executive Administrator Town of Southold Building Department r P~r detl hea~ pro~ ~ose: Replace irtorating bulk- I and catwalk and ride added docking Application By: In: Broadwaters Cove At: Cutchogue, NY County of: Suffolk James E. Fitzgerald, Jr., Pres. Broadwaters Cove Ass'n Inc. P.O. Box 791, Cutchogue, NY 1195~ PLAN VIEW Scale: 1" = 40' Application #510 PROPOSED BULKHEAD AND CATWALK REPLACEMENT, ADDI- TION TO CATWALK, AND ADDED FLOATING DOCK~ AND FINGERS 5/ /87 REV 8/3/87 NOTIC OF HEARING AP] 'LICATIONS NOTIC] i IS HEREBY GIV- EN THA~' PUBLIC HEAR- INGS WILL BE HELD BY THE TO~ ~N TRUSTEES OF THE TO~ N OF SOUTHOLD, AT THE ,~ OUTHOLD TOWN HALL, MAIN ROAD, SOUTHO~.D, NEW YORK, ON THURSDAY, SEPTEMI~ER 24, 1987, ON THE F~)LLOWING AP- PLICATI~ )NS FOR PERMITS UNDER FHE PROVISIONS OF THE WETLAND OR- DINANC ~ OF THE TOWN. 7:30 P. vi.- To ~sume the public he~ ring in the matter of the applic~ .lion of James E. Fit- zgerald, J r. on behalf of the Broadwat, :rs Cove Association. '~'. Property s located on Mason Drive, Cu chogue. ,7:32 P.I~ [.- In the matter of the app[icatio i of Reynolds duPont on behalf of the Goose Island Corporati )n to replace a dock and piling Fishers Island, New York. : '/:34 P.h - In the matter of the applicatic a of Land Use Com- PanY for d oseph W. Henderson to constrt et a fixed dock, ramp and float. Property is located on a private .o.w. East End Road, Fishers Is and, New York. 7:36 P.I~ L- In the matter of the applicaticn of the Land Use Company on behalf of Peter Steil to cc nstruct a single fami- ly dwellin ;, pool and associated sanitary ;ystem. Property is located o~l Fishers Island, New York. 7:38 P.~ I.- In the matter of the applicatk n of the Land Use Compan:, on behalf of Rola B. Campbell to construct a swim- ming po~ I, deck and fencing. Property is located on Fishers Island, N ~ York. 7:40 P.I~ I.- In the matter of the applicatk n of Royston P. & Helen T. Rind to construct a dock witf ramp and float· Pro- petty is 1o :ated on the northeast corner ot Howard and Meday Avenue, ! lattituck. 7 42 P.~ I.- In the matter of the applicatk n of the Land Use Compan} on behalf of Robert Koch to ~ construct in kind and in place ~ur timber groins and a ramp ad float. Property is located n Peconic Bay Blvd., Laurel, 7:44 P.~ .. in the matter of the applicatic n of Eugene Perino to construct a house and a deck and to gr~ de with minimal land- scaping ~long the top of the bank to ~tabilize. Property is located a 820 Truman's Path, East Ma~ ion. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ~ weeks successively, commencing on the //~ Sworn to before me this ....... ../?...~. ....... day of ....~ ..... 19, .o~. ? Notary, Public · ~:,~ t'.M.- In the matter of the · application of Joseph Perricone t~construct a deck on property located at 2060 Clearview Avenue, Southold. 7:48 P.M.- In the matter of the application of Eh-Consultants, Inc. on behalf of Walter Smith -to repair an existing inclined boat ramp of irregular dimen- sions. Property is located at 370 Williamsburg Drive, Southold. 7:50 P.M.- In the matter of the application of Joseph Mar- rapodi to construct a retaining wall and steps and to backfill on property and to install a dry well to contain roof run off. Proper- ty is located at 4115 Sti[lwater Avenue, Cutchogue. ALL PERSONS IN- TERESTED IN SAID MAT- TERS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OP- PORTUNITY TO BE HEARD. Henry P. Smith, President Board of Town Trustees Dated; September I, 1987 IT~9/10/87(3) BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~ Ll. gal Notices NOTICE OF HEARING ON THE WETLAND APPLICATIONS Ti~I IOTICE IS HEREBY GIVEN AT PUBLIC HEARINGS WILL BE HELD BY THE TC WN TRUSTEES OF THE 'lC WN OF' SOUTHOLD, AT TI~ E SOUTHOLD TOWN Ht LL, MAIN ROAD, SOUTH- OI D, NEW YORK ON THURS- D! Y, SEPTEMBER 24, 1987 Ol THE FOLLOWING APPLI- C~ TIONS FOR PERMITS U] [DER THE PROVISIONS OF TI E WETLAND ORDINANCE OI THE TOWN. · ~ ':30 P.M.-To resume the pub- 1i¢ hearing in the matter of the ~'ap dication of ' James ' E. Fi zgerald, Jr. on behalf of the B~ )adwators Cove Association. P~ ~perty is located on Mason D~ ire, Cutchogue. .. :32 p.M.-In the matter oftbe al lication of Reynolds duPont ' 'or behalf of the Goose Island C, rporation to replace a dock ax d pilings, Fishers Island, New 1:34 P.M.-In the matter of the plication of Land Use Com- ny for Joseph W. Henderson to nstruct a Bxed dock~ramp and ,at. Property is located on a shers Island, New York. 7:36 P.M.-In the matter oftbe ,plication of Land Use Com- thy on behalf of Peter Steil to nstruct a single family dwell- g, pool and associated sanitary 'stem. Property is located on.. ishers Island, New York. :38 P.M.-In the matter of the' dication of the Land Use npany on behalf of Rola B. ampbell to construct a swim:_ ~ing pool, deck and fencing. ¥operty is located on Fishers Is- ~nd, New York. 7:40 P.M.-In the matter of the ~pptication of Royston P. & felen T. Rind to construct lock with ramp and float. Prop~ ~rty is located on the northeast :orner of Howard and Meday kvenue. Mattituck. 7:42 P.M.-In the mattor of ~pplication of the Land Us~ ~ompany on behalf of Rober~ Koch to reconstruct in kind and tn place four timber groins and ~ ramp and float. Property is :ated on pecomc Bay Blvd., Laurel STATEOFNEWYORK ) ! SS: COUNTY OF SUFFOLK ) Ann Stan$o~th of Groenpor~. in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of Now York, end that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the P~cipal C~ ' Sworn to b~m~ this ~ ~.~ ~ N~ARY PUBLIC. ~te of N~ ,~ 7:44-P.M.-In the matter of the application ~' Eugene Perino to construct a h/rose and a deck a~d to grade with minimal landscap- lng along the to~) of the bank to ~ stabilize, pro, perty is located at 820 Truma~ s Path, East Mar- ion. · 7:46 p.M.-In the matter of the application of Joseph perricone to construct a deck on property ~ located at 2060 Clearview Ay- · ~nue Southo d . . . 7:48 P.M.-In the matter of the application of Eh-Consultants, Inc. on behalf of Walter Smith -to repair an existing inclined boat ramp of irregular dimen- ', sions. Property is located at 370 Williamsburg DrivejSouthold. . 7:50 p.M.-In the matter of the application of Joseph Marrapodi to construct a retaining wall and steps and to backfill on property and to install a dry well to con- tain roof run off. Property is lo- .~ cared at 4115 Stillwater Avenue, _. Cutchogue. ALL PERSONS .. IN- TERESTED IN SAID MAT- TEllS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OPPOR- TUNITY TO BE H~E._ARD. · Dated: Sept. 1,1987 Henry P. Smith, Pres. Board of Town Trustees 1TS10-5704 HENRY JOHN N PHILLI ALBER ELLEN Mr Pre Bm P.( Cu Re De; a c the he"irate HP Att CC: P. SMITH, President · BREDEMEYER, Vice-Pres. ~ J. GOUBEAUD F KRUPSKI, JR. rd. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 10, 1987 James E. Fitzgerald, Jr. sident ,adwaters Cove Association, Inc. ). Box 791 :chogue, New York 11935 Broadwaters Cove Association, Inc. - Application No. 510 .r Mr. Fitzgerald: Pursuant to your letter of September 2, 1987, please find attached etermination rendered by Victor Lessard, Executive Administrator of Building Department regarding the above matter. Should you have any further questions or concerns, please do not to contact this office at the telephone number listed above. ]:ip achment Jeffrey Levitt, Attorney Evelyn Boos Planning Board Building Dept. Board of Appeals file TELEPHONE (516) 765-1892 Very truly yours, Henry P. Smith, President Board of Town Trustees EX~ TO FR SU fo re Bo Au ac bo th re I VL CC VICTOR LESSARD CUTIVE ADMINISTRATOR ~516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDINGINSPECTOR TOWN OFSOUTHOLD September 10, 1987 : TRUSTEE OFFICE i/. )M: VICTOR LESSARD, EXECUTIVE ADMINISTRATOR ½JECT: BROADWATERS COVE ASSOCIATION, INC. Mr. Fitzgerald Jr. submitted a revised, scaled down proposal expansion of the non-conforming marina. In so doing, the uction was sufficient enough to avoid having to go to the Zoning ~rd of Appeals for their approval. As I indicated in my memo of ust 21, 1987, this does not mean that the project is exempted from ion of any other board. It will still require approvals from your ~rd and also site plan approval by the Planning Board. I would ~gest that the trustees proceed with this application, and based on ~ir decision, the Planning Board can then determine what would be uired on a site plan for approval. I trust this will eliminate any confusion that may have arisen. m available, if my assistance is further required. :gar to: Planning Board James E. Fitzgerald Jr. President Broadwaters Cove Assoc. BROADWATERS COVE ASSOCIATION, INC. Post Office Box 79! Cutchogue, New York 11935 September 2, 1987 Mr. Henry P. Smith, President Board of Town Trustees Town Of Southold Post Office Box 728 Southold, New York 11971 Re: Broadwaters Cove Association, Inc. - Application No. 510 Dear Mr. Smith: Thank you for your letter of August 31, 1987, informing us that the public hearing on our application will resume on September 24, 1987, at 7:30 PM. You will recall that the original public hearing on this mat- ter, which took place on June 25, 1987, was tabled "pending approvals from the Board of Appeals and Planning Board for the project as advised by the Building Department." In addition, it was my understanding the the Board of Town Trustees was prepared to table the hearing due to the fact that an evaluation had not yet, at that time, been received from the Conservation Advisory Council. Since the public hearing has now been scheduled to resume, the presumption is that the information which I have submitted in response to the questions and concerns of the Board of Town Trustees on matters within the purview of the agencies named above have been found acceptable. I would appreciate it if you would confirm this presumption as soon as possible. It is my understanding that the resumption of the public hear- ing on our application was originally planned for the August 27, 1987, regular meeting of the Board of Town Trustees, but that it was scheduled for the September meeting because the attorney for another interested party would not have been able to attend the August meeting. If this is so, I must object on the basis of the fact that we received no prior notice of this action. Thank you, once again, cooperation. for your continued interest and ~/ President /~ ~' HENRY JOHN M PHILLI ALBER' ELLEN To Frt Re Da' Vic to his der Th Atl CC: P. SMITH, President BREDEMEYER, Vice-Pres. J. GOUBEAUD KRUPSKI, JR. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Victor Lessard, Executive Administrator, Building Dept. Trustee Office Broadwaters Cove Association, Inc. September 10, 1987 , please find attached, a copy of Mr. James Fitzgerald's letter requesting be advised on the need of other town permits that may be required for project. I am attaching, for your convenience and review a copy of the ~nded plan proposed for the site. Please advise this office of your ermination at the earliest possible date. ink you. achments Planning Board Board of Appeals TELEPHONE (516) 765-1892 HENRY JOHN ~ PHILLI ALBER ELLEN Mr Pr~ Br~ P. Cu Re au] ab( RE Jan su[ real or nul HP cc: P. SMITH. President · BREDEMEYER. Vice-Pres. ~ J, GOUBEAUD r KRUPSKI, JR. M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 August 31, 1987 James E. Fitzgerald, Jr. sident ,adwaters Cove Association, Inc. O. Box 791 :chogue, New York 11935 Application No. 510 ~r Mr. Fitzgerald: The following resolution was adopted by the Board of Town Trustees 'ing their regular Trustee meeting held on August 27, 1987 regarding the ve application. 5OLVED that the Town Trustees accept the amended plan submitted by ~es E. Fitzgerald, Jr., President, Broadwaters Cove Association, Inc. as ,mitred regarding wetland application No. 510. Please be advised that the Trustees will resume the public hearing in the ter on September 24, 1987 at 7:30 P.M.. Should you have any questions concerns, please do not hesitate to contact this office at the telephone abet listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees ~:ip Jeffrey Levitt, Evelyn Boos Attorney TELEPHONE (516) 765-1892 BROADWATERS GOVE ASSOGIATION, I~C. Post Office Box 791 : Cutchogue, New York 11935 August 4, 1987 Mr. Henry P. Smith, President Board of Town Trustees Town Of Southold Post Office Box ?28 Southold, New York 11971 Re: Broadwaters Gove Association, Inc. - Application No. 510 Dear Mr. Smith: As a result of your letter of June 25, 1987, I spoke to Mr. Lessard on July ?, 1987 concerning our application, and he was very helpful in reviewing for me the laws and regulations which apply in this case. Attached is a revised site plan for our project in which the number of added floating docks is reduced from three to two, and in which the number of finger docks is also reduced from three to two. Further, the size of the floating docks is reduced to 20' x 4' from the previously stated 20' x 6' I think that these changes should make the plan acceptable to the Building Department and the Zoning Board of Appeals. I would appreciate it, therefore, if you would officially in- corporate the attached drawing, dated 8/3/8?, into our appli- cation. Mr. Lessard's memo of June 25, 1987, to the Trustees suggests that after approvals are obtained from the ZBA, "an amended site plan would be required for parking approvals, etc., by the Planning Board." I would like to ask that the need for this additional approval be reviewed since the property is, essen- tially, all parking space. Thank you for your continued interest in our project. Yours trulz~/y~/ . cc: Mr. Victor Lessard, Executive Administrator Town of Southold Building Department ~ ~. ',/~,~o~ . ...'" ~.~ I ..,~ ~ ~zK~ I I ~1 I I I I I I ~ I l~: ~road~ater~ Cove At: Cutcho~e, ~ ~~ ~ County off: Suffolk I I Application By: James E. Fitzgerald, Jr., ~es. ~ Broadwaters Cove Ass'n Ync. ~ ~ P.O. Box 79~, Cutcho~e, ~rp ~se: Replace P~N VI~ ~ PRO~S~ ~U~D AND dete. 1orating bulk- Scale: ~" = 40' 0A~WA~ ~P~0~, ADDI- head and catwalk ~d Applic~~O TION ~0 OATWA~, AND ADDED (516)G91-1013 IXene Pfifferling Boar~ of Town Trustee.u - Tow~ Hall - 5~095 ~ain ~ad S~old~ ~w York[ 11971 REVISK)N DATE PRINTED U SA GBFE ~.TE FFRE Y LEVITT ATTORNEY AT LAW 119 WEST OAK STREET AMITYViLLE, NEW YORK 11701 August 26, 1987 Board of Town Trustees Town Hall 53095 Main Road Southold, New York 11971 Att: Ms. Ilene Pfifferling Re: Broadwaters Cove Association Dear Ms. Pfifferling: Pursuant to our telephone conversation today, please be advised that we are requesting that the public hearing to be held on August 27, 1987 at 7:54 P.M. regarding the above application be adjourned to the next available date. The reason for said adjournment is that our clients, Mr. and Mrs. Boos are presently in Florida taking care of the affairs of Mrs. Boos' father, who recently passed away. Since Mr. and Mrs. Boos wanted to make an additional presentation to the Board, they resepctfully request an adjournment of this hearing to a later date. Please advise. Thank you for your anticipated courtesy and cooperation in this matter. Very truly yours, Ronnie DeVito Secretary to Jeffrey Levitt HENRY P. JOHN M. t PHILLIP ALBERT ELLEN M. Certi Retm Mr. ~ Attor 119 W~ Amit RE: Dear hearL The to cc HPS:J CC: SMITH, President ~EDEMEYER, Vice-Pres. . GOUBEAUD RUPSKI, JR. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 I971 August 21, 1987 lcd Mail n Receipt Requested effrey Levitt Ney at Law :st Oak Street ville, New York 11701 Broadwaters Cove Association Mr. Levitt: ?lease be advised that the Board of Trustees will resume the public ~g on August 27, 1987 at 7:54 P.M. regarding the above application. ~eeting will be held at the Town Hall, Main Road, Southold. Should you have any questions or concerns, please do not hesitate ~tact this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees P r~velyn Boos 5roadwaters Cove Marina >. O. Box 432 1000 Skunk Lane gutchogue, New York 11935 TELEPHONE (516) 765-1692 From Date: Re: Pleas Mr. he I ad~ Ilene Jeffrey Levitt, Attorney for Boos August 26, 1987 Public Hearing on the Broadwaters Cove Application be advised that the secretary to Jeffrey Levitt, Attorney representing oos requested that the hearing does not resume on August 27, 1987 as n not be available. ised the secretary to submit a letter in writing advising same. HENRY 3OHN ~ PHILL! ALBER ELLEN Cer Ret Mr, Att, 119 Ami RE: Den hen The to HPS CC: P. SMITH, President .BREDEMEYER, Vice-Pres. ].GOUBEAUD KRUPSKI, JR. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 August 21, 1987 Lifted Mail ~rn Receipt Requested Jeffrey Levitt ~rney at Law qest Oak Street ;ville, New York 11701 Broadwaters Cove Association Mr. Levitt: Please be advised that the Board of Trustees will resume the public :ing on August 27, 1987 at 7:54 P.M. regarding the above application. meeting will be held at the Town Hall, Main Road, Southold. Should you have any questions or concerns, please do not hesitate ontact this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees Evelyn Boos Broadwaters Cove Marina P. O. Box 432 8000 Skunk Lane Cutchogue, New York 11935 TELEPHONE (516) 765-1892 JEFFREY LEVITT ATTORNEY AT LAW 119 WEST OAK STREET SUPERVISORS C~'-FiC'~' TOWN OF SOU TF',,'3LO July 15, 1987 Francis J. Murphy fi~.Dc:9 Southold Town Supervisor / Main Road File_/~,~., ~,~" / Southold, New York 11971 ~j. ~~ Re: Broadwaters Cove Association Dear Mr. Murphy: I represent Broadwaters Cove Marina and am writing with regard to an application of Broadwaters Cove Association before the Board of Trustees of the Town of Southold. The reason for writing to you is that it is my concern that both Town regulations and customary procedures are being bypassed and that potential approval by the Board of Trustees on a matter concerning wetlands will be used to expand docking facilities without the approval of the Planning Board or the Zoning Board of Appeals. I am enclosing a copy of a transcript of minutes before the Board of Trustees indicating that when my client previously attempted to do the exact same thing that the association is attempting, that there was a requirement for an environmental impact statement, review by the Planning Board, a variance by the Zoning Board of Appeals as well as approval by the Board of Trustees. In the instant application by the association, to the best of my knowledge, there is no application pending before the Planning Board, no application before the Zoning Board of Appeals, no environmental impact statement and even the environmental impact provisions of the application before the Board of Trustees was not completed by the applicant. I would be most appreciative of your review of this matter so that it can be determined whether the current applicant is complying with Town regulations or whether those regulations and procedures have changed so PUBLIC HEkRING IN THE MATTER OF JAMES E. FITZGERALD, JR., PRES. BROADWATERS COVE ASSOCIATION, INC. NOTICE IS HEREBY GIVE~ THAT A-.PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, MAY 28, 1987 ON THE FOLLOWING APPLICATIONS FOR PER}fITS UNDEK THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD. In the matter of the applicationof James E. Fitzgerald, Jr., Pres./Broadwaters Cove Association, Inc. to replace existing bulkhead.~ return, and replace three existing pilings, bulkheaded catwalk; add approximately 20' of open catwalk, maintenance dredge the docking area; add three floating docks with 4 fingers. Property is located on the eastern end of Mason Drive, Cutchogue. Trustee Smith: I believe that we are going to have to table this application? We do not have the comments from the C.A.C. Secretary: You can open the meeting and then recess it. Trustee Smith: Is there anyone here having anything to say pro or con regarding this application? James Fitzgerald: My name is James Fitzgerald and I will be happy to answer any questions. I would like to know why you are going to table this. Trustee Smith: The Conservation Advisory Council is required to give us an opinion on the application. We can't vote on this until they give us their recommendation. James Fitzgerald: Oh yes, I received a letter from them two days ago. The letter indicated that I would have to wait until their June meeting to present the informa they need. Is that correct? Secretary: Submit the information that they requested. I would contact the secretary to the C.A.C. to ask her if she knows what information they need. Trustee Bredemeeyr: That' right. James Fitzgerald: I contacted her yesterday, and she didn't know. Trustee Bredemeyer: Then you may want to talk to the Chairman and see what they want., try to meet with them on field inspections to answer any questions prior to their meeting. The New York State D.E.C. has raised some questions. Have they advised you of their concerns? James Fitzgerald: Yes they have. I met with them and I think we arrived to an amicable decision. The two major concerns were the increase in the boat population in that area. Toward the end I suggested that instead of having 4 fingers extendin~ from the new dock that we intended to provide space for 8 boats. We reduce that to 3 fingers which would be for only 4 additional boats. The other concerns were how we would contain the spoil from the dredging so that it would not flow towards the south into the wetland area. We indicated that if it were appropriate, we would Page 2. James E. Fitzgerald, Jr. Pres., Broadwaters Cove Association, Inc. Public Hearing - May 28, 1987 build a 15 or 20' return along inside, but parallel to our property line there. If necessary put in temporary barricades during the dredging operation. As I said both of those things, in our conversation, seemed adequate. After the conversation I submitted it in writing and I haven't heard from them yet. Trustee Krupski: What about the Army Corp of Engineers? James Fitzgerald: Steve b~rs was suppose to be out two weeks ago, tomorrow, and he was not able to make it. He will be out tomorrow. The only problem with the Corp of Engineers at this point is, or administrative detail, was that I didn't put in an arrow on the locus map and things of that nature. I think that was all of his concerns in regard to the application or things that I could do at hand that it didn't have any impact on the actual application. Secretary: Will you forward a copy of your letter that you sent to the D.E.C so th we know what agreement was made? For our file. James Fitzgerald: I understand that they haven't said that it was okay as yet. It was just a suggestion in response to their comments. Trustee Smith: Thank you. Steve Latson: Mr. Fitzgerald why is it you want to dredge? I looked over there and I found that there is 3 ft. of water at the end of the little docks at low tide? Mr. Fitzgerald: At low tide there is no water against the bulkhead. Because of the prevailing winds in the areas the people who have power boats dock them with th facing east. We have had situations in the past where the floaters were in the san I have a little sail boat that is in a more southerly position. Where the catwalk goes east and the sand has built up in that corner to the extent that even though the boat is a 14' Boston Whaler Harpoon, and even though it only draws 4" it is on the sand at low tide. Steve Latson: I was curious to know why they dock that way. Trustee Smith: Thank you. Do any of the Trustees have anything they want to say No comment. From the audience: I have something to say. Trustee Smith: Will you please state your name. Jeffrey Levitt: Jeffrey Levitt, I am an Attorney at 119 West Oak Street, Amityvill I represent Mr. Norman Boos who owns the Broadwaters Cove blarina which is about 500 ft. north of the subject property. The issues that I really want to raise with you tonight involve the standards that the Board is going to apply to this particula~ application. In the latter part of 1983, Mr. Boos made an application to this Boar to add dock space to his marina. Trustee Smith: I think that you are getting off of the track here. This is a Public Hearing for the Broadwaters Cove b~rina. Mr. Levitt: Yes, I understand, may I make a point here. Believe me I did not spend two hours to come out here to waste ydur time. Or to waste my time. Both of these properties are zoned the same. Both of these properties are non-conforming uses. Page 3. James E. Fitzgerald, Jr., Pres., Broadwaters Cove Association, Inc. Public Hearing - May 28, 1987 In 1983 Mr. Fitzgerald wrote to this Board, and I have a copy of this letter, strongly protesting on behalf of the property owners. I have a copy for each one of you. Strongly protesting any change in the area by which there would be any increase in the marina facility. As a result of that objection, there was a subsequent letter from the Association in 1984 making complaints. That applicant was forced, I'll take back the word forced, he was requested to prepare an Environmental Impact Statement. Now, what I'm leading up to is this -- we feel that the standards that should be applied to this application should be consistant standards. For example, Mr. Boos had to get an Environmental Impact Statement, why doesn't the Association have to get an Environmental Impact Statement? Now I have read the application and I don't know if there has been a change in the application in the last three days? But there were pages and pages that deal with environmental matters that were totally left blank. There was nothing written on them. Now, does that mean that if Mr. Boos comes before the Board with an application that there would be no necessity for an Environmental Impact Statemer That he would not have to fill out any of the environmental information in an application? The application of the Association where there is a question "Is there a permit necessary from the Army Corp of Engineers?" It says no. Now would that mean that the Board would pass on it without the Corp of Engineers? Now there was a Zoning issue. This is a change of a non-conforming use. This was the position that the Association took a few years ago. That someone just a few hundred feet away with the same property could not add just one more boat without going to the Planning Board, without going to the Zoning Board of Appeals. As far as I know, there is no application by this applicant before the Planning Board, before the Zoning Board of Appeals? So, what is being done here is to by pass all of the normal governmental controls that were requested by this very applicant just a few years ago with regard to one of it's neighbors insisting, and it is my understanding that the Board took the position that before it was going to give any approval that all of those conditions of Environmental Impact Statement, of Planning Board Approval, Site Plan, it was a very expensive proposal and going to the Zoning Board of Appeals which the applicant did. Then because there was objection from the neighbors, very heated objections, this application was withdra~. By the way, what about parking, there has to be off street parking requirements. There were requests by the Association against it's neighbor a few years ago. Did Mr. Boos have enough parking if he wanted to change the non- conforming use status? The Trustees I understand, made him go to the other governmental agencies to make sure that that was done. I don't understand that there is any such application pending anywhere with regard to parking issues? Issues were raised at that time that Mr. Boos was a profit making organization and this is not a profit making organization. I suggest that the birds and the bees and the fish don't know the difference as to what is going into the water whether the person who is driving the boat docks his boat with someone who is making a profit, or is docking his boat with someone who is not making a profit. By the way, I heard it said that there will be three finger docks for four boats. I think three finger docks will be six boats. If my arithmetic is correct. The physical attributes of the dock, I also find very interesting. It shows a 50 ft. width being proposed here. Unless the boats are going to be 12 ft. boats, they are going to be facing each other on a 50 ft. width, the likely hood is that this is going to have to go out much further into town waters than it is being proposed. If you have two 25 ft. boats facing each other on 50 ft. I don't understand how the> will both turn or anyone would turn or exit any area to be able to leave. Now Page 4. James E. Fitzgerald, Jr., Pres., Broadwaters Cove Association, Inc. Public Hearing - May 28, 1987 that doesn't mean necessarily what I'm saying is opposing the application or I'm infavor of the application. I'm raising an issue that the Trustees act in a continual, that's the right word. The persons may change but the concepts are suppose to remain the same. The rules are suppose to remain the same. It seems to me to be very unfair to be bought at that time, to have indicated that those are the rules. Apparently, I'm assuming that if the gentleman came in again, that those are still the rules, but there is a different set of rules. I'm here tonight, to make sure that if that application the Association is granted that there are no mistakes that are made. That in the future Mr. Boos should come in, and he is told that he needs an environmental impact statement, and he says "What about the Association?" There is no one that says that was a mistake we forgot. Or if he asks about parking, no one says it was a mistake, we forgot. Or if he asks about Zoning? Theoretically from what is being proposed here if he didn't ask for 8 boats and he asked for 80 boats the implication is that you could give approval and he wouldn't have to go to any one to change his non-conforming use I just want to make sure that these things are brought up in a public session so that we understand and the Board understands, I hope, what the guidelines are suppose to be. Now, they have changed. Now, if none of that is true any longer, we assume that you will apply those standards to this application and to any other application that comes before you. Trustee Smith: Thank you. Trustee Bredemeyer: Thank you. Trustee Smith: I'll recess this public hearing until we receive the comments from the Conservation Advisory Council. Jeffrey Levitt: ~. President, can I leave with you also a letter of Jan. 4, 1984 from the Association to Mr. Stoutenburgh, President of the Board of Trustees. Trustee Smith: Thank you. Trustee Krupski: I'm sorry Henry, you recessed the hearing before I could comment. Could we contact the planning board about the parking? Trustee Bredemeyer: I'm generally agreed to that. Trustee Krupski: Instead of getting the comments from the C.A.C. and then saying "What about parking" we should get all of our concerns together at once. Trustee Bredemeeyr: I would like time to get all of the information together and review the application before expressing a position on it myself. Trustee Smith: Then I'll open the hearing again. Do you want to go down there and look at the project again? Talk to Mr. Fitzgerald again? Trustee Krupski: Sure. Do you think we should communicate with the Z.B.A.? Trustee Bredemeyer: I~m glad the gentleman came to the meeting and spoke. I think Page 5. James E. Fitzgerald, Jr., President., Broadwaters Cove Association, Inc. Public Hearing - May 28, 1987 that we have no alternative. It would be prudent, I'm glad the gentleman came to the meeting and spoke. This is the first time that I've seen an Association project, that some valid issues were raised. Trustee Smith: I think what ever he asked us to look into we have to do it. Like he said no mistakes. We have to do it. Okay, Trustee Krupski: This is over Town bottom. Trustee Smith: Right. I'll recess this meeting. HENRY F JOHN M. PHILLIP ALBERT ELLEN ~, To: Fro~ ~: Re: Date: .SMITH, President ~REDEMEYER. Vice-Pres. ].GOUBEAUD KRUPSKI, JR. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 Victor Lessard, Admin., Building Dept. Trustee Office Broadwaters Cove Association, Inc. Application No. 510 August 7, 1987 Vic, please find attached a copy of a letter from Mr. James E. Fitzgerald, Jr. on ~ehalf of the Broadwaters Cove Association, Inc. regarding amendments their~ wish to make on their application before the Board. Will you please advise thi office in writing your determination on the need of the other Town Dept. apl,royals after these revisions were submitted? Th ~nk you. ' T. a/,, /,er-'7. New York State Depa~ment of Environmental Conservation ~egulatbry Affairs Unit Sldg. ~, SUNY, Pm. 219 Stony ~rook, NY 11794 (516) ~51-7900 Thomas C, Jotting commlss,oner July 23, 1987 Mr. Jeffrey Levitt, Esq. 119 We~t Oak St. Amityvllle, NY 11701 Re: Broadwaters Cove Association Permit # 10-87-0514 Dear Mt. Levitt: T~ank you for your letter of July 15, 1987 concerning the above referenced projecI· A~ application for permit was filed with this Department on March 25, 1987. Field~nspections were conducted by this Department's Bureau of Marine Habitat Pro- tectio~ on April 13, 1987 and a review of the application was conducted on April 21, 1987 b~ our Bureau of Shellfisheries. I received a concern from the Bureau of Marine Habita~ Protection regarding the placement of dredged spoil on the southwest corner of the~parcel because of the impact it may have on the tidal wetland vegetation pre- sent a~ the site. I received an objection from the Bureau of Shellfisheries concern- ing th~ proposed four finger docks since the proposal was located in certified shellflish lands class SA waters. ~ responded to those concerns in a letter dated April 27, 1987 to Mr. James F. Fitzglrald. qn May 11, 1987 I received a letter addressing those concerns along with a modified plan reducing the finger docks to three and a proposed 20' return on the southwest side of the parcel to retain the dredged spoil. Also, the applicant has stated in that response that the number of boats has been reduced from eight to four ~nd that they will not have fixed or permanently installed toilet facilities aboar4. Ultimately the concerns and objections were withdrawn and a permit was issue~ with Special Conditions to avoild an impact upon tidal wetland vegetation and shellfisheries. is for your cogent on no draft environmental impact statement being provided, be advised that the Town of Southold is the lead agency on the application and has issue4 a negative declaration dated April 29, 1987. Jeffre July Page addres CPR:jf attach cc: To R. A. C. C. Levitt 3, 1987 or your convenience, I have attached a copy of that permit. I hope I have sea your concerns. Very truly yours, ?rogram Aide nent ~n of Southold, Greene Kellar Hamilton deQuillfeldt Bd. of Trustees~~'~ BROADWATERS COVE ASSOCIATION, INC. Post Office Box 791 Cutchogue, New York 11935 June 23, 1987 Mr. Henry P. Smith, President Board of Town Trustees Town Of Southold Post Office Box 728 Southold, New York 11971 Re: Broadwaters Cove Association, Inc. - Application No. 510 Dear Mr. Smith: I am enclosing, to be added to your file for our application, a copy of Permit No. 10-87-0514, dated 6/10/87, which we recently received from the New York State Department of Environmental Gonservation. With regard to the question that had to do with zoning which was raised at the 5/28/87 Public Hearing, I am not sure that I understand what the supposed problem is, nor am I sure about whether your Board or our Association was to contact the Zoning Board of Appeals. I would appreciate hearing from you on this particular aspect of the review of our application. Further, I am concerned about the possible effect that recent changes in the Conservation Advisory Council, as reported in the media, may have upon the timely completion of the review of our application. As you know, a copy of my 6/3/8? letter to you, together with its attachments, was sent to the Council, but I have had no response to date. Thank you for your continued interest in our project. ~e~ York State Depa~mentofEnvironmentalConse~ation egulatory Affairs U~it ldg. 40,SUNY, R~. 219 Sltony Brook, NY 11794 516) 751-7900 Henry G. Williams Commissioner lroadwaters Cove Assoc., Inc. .O.Box 791 ~utchogue, NY 11935 ttn: James E. Fitzgerald, Jr. June 10, 1987 Re: Permit No. 10-87-0514 D.:ar Mr. Fitzgerald: ! In conformance with the requirements of the State Uniform P~ocedures Act (Article 70, ECL) and its implementing regulations (~NYCRR, Part 621) we are enclosing your permit. Please read all c~nditions carefully. If you are unable to comply with any conditions, p~ease contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted the project site and protected from the weather. Very truly yours, Program Aide · 10~87-0514 NEW YORK STATE DEPARTMENt OF ENVIRONMENTAL CONSERVATION PERMIT · Under the Environmental Conservation Law EFFECTIVE DATE 6/10/87 EXPIRATION DATE(s) 6/30/90 Article 15. Title 3; 6NYCRR 327, 328, 32g: Aquatic Pesticides Article 15, Tille 5: Protection of Water Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells -- Article 15, Title 27: __ Wild, Scenic and Recreational Rivers J~ 6NYCRR 608: N Water Quality Certification J~---J Article 17, Titles 7, 8: SPDES F--'~ Article 19: Air Pollution Control* [--~1 Article 23, Title 27: Mined Land Reclamation ~ Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) ?E Rk~I~ISSUED FO Br adwaters Cove Assoc., Inc. Article 25: Tidal wetlands N -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Management* -- Article 27, Title 9; 6NYCRR 373: __ Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control (Attn: James E. Fitzgerald, Jr.) TELEPHONE NUMBER P.~.Box 791, CuCchogue, NY 11935 . AG~N/Ej~OR PERMITTEE/CONTACT PERSON ·' LOCATION OF PROJECT: Broadwaters Cove, ~c Mason Dr. lo(.Arl N OE~ROJEcT/FACILITY COUNTY TOWN~j~e~j~'~ UTMcOORDINATES Cu hogue Suffolk Southold TIONOFAUTHORIZEDACTIVITY ce in-kind, in-nlace 84~ of eximt~n~ b.lkh~nd, r~lm~ ~n-~q~A q~_~l ..... 4o>~ : 3' open-pile catwalk and add 21' x 3' to open-pile catwalk; construct 25±' x 3±' rampJleadi_nz to (3) 20' x 6' flomr~ w~rh (~) t&' ~ R' FE~g~ pier~; rep!3ce (3) existing pilings; maintenance dredge 50± cubic yards of spoil as per attached NYSDEC approved nlans (4 names). I 1he pet GENERAL CONDITIONS By acceptance of Ibis permit, the permitlee agrees that the permit is contingent upon strict compli- ance wilh (he ECL, all applicable regulations and (he conditions specified herein or atlached hereto. An', ,od,I ........ f th,, oerrn,t grantl~d.~b.y' ,ih.e. mg,fr2Te~.t_Tu~,t be ,. wr,t..~ and attached he,ere mrn~,t/~lssuANcE Date "~e~R~,,'~r~,~e~.'~'i~t~'~l~ · j ADDRtss 6/10 7 ] Alfred T. Kellar J 'cc:C'.,~[.UamLiton' ' ~ Bldg.40,$UNY,Rm.219 Stony Brook, NY 11794 j Page I of 3 ADDITIO 10 That the [ there modi plete 4AL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34, 36 and 6 NYCRR Parl 608 ( if future operations by the State of New York require an al- ~nin h~.pos ~ono he structure or work herein authorized or the opinion of the Department of [nvlronmental Conservation I[ cause unreasonable obstruction to the free navigation of said s or flood flows or endanger the IleaL~h. safety or welfare of eople of the State. or cause loss or destruction of the natural rces of the State. the o~,ner may be ordered by the Department to .'e or alter the structural work. obstructions, or hazards caused 3y without expense to the State. and if. upon the expirabon or at[on of this permit, the strucLure, fdl. excavation, or other icahon o[ the watercourse hereby authorized shall not be corn- :l. the owners, shall. ~'Hthout expense to the State. and to such ute or fill and restore to its former condition the navigable :he State oi New York shall in no case be liable for any damage Arm;, Corps of Engineers. US Coast Guard. New ~ork State ) other environmentally deleterious materials associated with the prolect. 14 Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, r,dges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 15 There shall be no unreasonable interference with navigation by the work herein authorized. 16 If upon the expiration or revocation oW this permit, the prolect hereby authorized has not been completed, the applicant shall, wRhout expense to the State. and to such extent and in such time and mahner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fdl and restore the s~te to ~ts former condition. No claim shall be made against the State of New York on account of any such removal or aJterahon 17 If granted under Article 36. this permit does not signify in any way that the project will be free from flooding. 18 If granted under 6 NYCRR Part 608. the NYS Department of Enwron- mental Conservation hereby certifies that the subject prolect will not contravene effluent hmitat~ons or other limitations or standards under Sections 301. 302. 303. 306 and 307 of the Clean Water Act of 1977 [PL 95-217] provided that all of the conditions listed herein are met 19 All activities authorized by this permit must he in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by on SPECIAL CONDITIONS tnce dredging to be limited to 3' below mean iow water and placed landward existing newly repaired bulkhead. onstruct 20' return onto south end of and perpendicular to existing bulkhead. A 21' temporary barricade will be installed at westerly end of return to retain dredge spoil. 20' temporary barricade will be installed at northerly end of b~lkhead to retain spoil. shall be no disturbance to tidal wetlands vegetation on south side of parcel. Proposed catwalk will be elevated a minimum of 4' above grade. Boats that are docked at marina will be less than 22' overall length and will not 5ave fixed or permanently installed toilet facilities aboard. ~ttached to and part of this permit is a sign to be posted at the marina indicating locations of pumpout facilities. Lementary Special Conditions (A) through (J) attached. 10-87-0514 .N/A Page ? of ~ i SUFPLEM~2."rARY S?ECT~ COL~DITIONS following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress The permit sikh enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspicinus location at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt fo~certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period er more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. All necessary precautions shall be taken to preclude cont-m~nation of any wetlands or wate~ay by suspended solids, sediment, fuels, solvents, lubricamts, epoxy, coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to co~ply precisely with all of the terms and conditions of this permit, unless authorized in %Tiring, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Armf Corps of Engineers, ~f District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory %unctions Branch), prior to cu~encement of work authorized herein. 10-87-0514 ~ge 3 of 3 The granting of this permit does not relieve the permittee of the responsibJ_iity of obtaining a grant, easement, or other necessary approval from the Divisi~n of Land Ut~ilization, Office of General Se3cvices, Tower Building, Empire State Plaza, Albany, ~ 12242, which may be required for any encroachment upon State-ow-ned lands under water. Regional Perm_it Administrator ~S Dept. of Environmental Conservation Bldg. 40, S~'--Room 219 Stony Brook, NY 11794 (516) 751-7900 ]HARLES T. HAMILTON ]hief, blarine Regulatory Section ~YSDEC, ~ureau of Marin'e Habitat Protection ~ldg. 40, SUNY~ Room 225 ;tony Brook, N. Y. 11794 RE: ~ear Sir: Permit No. Issued To: Contractor's Name Contractor's Address 'Contractor's Phone No. 'ursuant to General Condition Number 1 of the above referenced permit you are ~ereby notified that the authorized activity shall commence on 'his notice is to be sent at least two days in advance of commencement of the roject. he permit sign will be posted at the site and copy of permit will be available t site for inspection. Submitted by 'allure to notify or post sign will leave owner and/or contractor subject to .pplicable penalties for non-compliance with permit conditions. ~\RLES T. HAMILTON bier, Marine Regulatory Section tSDEC, Bureau of Marine Habitat Protection dg. 40, SUNY, 'Room 225 ony Brook, N. Y. 11794 RE: Permit No. Issued to Contractor's Name Contractor's Address Contractor's Phone No. ear Sir: ~ursuant to General Condition Number 1 of the above referenced permit you are ereby notified that the authorized activity was completed on l Submitted by T is notice, with photos of completed work and or completed survey, is to be sent t~.above address promptly upon completion of project. Failure to notify will leave o~er and/or contractor subject to applicable penalties for non-compliance with permit co~ditions.. ..... In: Broadwaters Cove At: Cutchogue, NY County of: Suffolk Application By: James E. Fitzgerald, Jr., Pres. Broadwaters Cove Ass'n Inc. P.O. Box 791, Cutehogue, NY 1193 PLAN VIEW ......... :'-_' -"=:-2~;~.PROPOSED BULKHEAD AND leterlorating bulk-... Scale: 1" = 40' lead and catwalk and ' '- e added docking App # 10-87-0514 CATWALK REPLACEMENT, ADDI- TION TO CATWALK, AND ADDED FLOATING DOCK~ aND FINGERS 3/3/87 Revised 5/8/87 ..;. · -/- NYSDEC APPROVED " ' ~ r DATE i:~'//O~Lt~-~ ~..~- ........ I I ~/~/~ ~ ~ -"~'" - ~. ~ ~, ~ ~ /' . ..... . '" ~ ~ ~lj~ './' - . I I ~w~ I I ~.~ J J In: Broadwaters Cove ....... At: Cutcho~e, ~ , J J County of: Suffolk J J APPLICATION by: James E. Fitzgerald, Jr., ~es Broadwaters Cove Ass'n, Inc. P.O. Box 791t Cutcho~ue, ~rpose: Replace deteri- DREDGING PLAN PROPOSED BULKHEAD AND CAT- o~ating bulkhead and cat-Scale: 1" ='40' WALK REP~C~ENT, ADDITION w~lk and provide added TO CATWALK, AND ADDED FLOAT- dcqking App ~ 10-87-O514 ING DOCKS AND FINGER DOCKS : 3/10/87 Revised 5/8/87 · ' APPROVED DATE ,.,- td"O'~ ~ -- ~kW- o .rpose: Replace teriorating bulk- ad and catwalk and ovide added docking SECTION VIEWS 1/4" : 1'-0,' PROPOSED BULKHEAD AND CATWALK REPLACEMENT, ADDITION TO OAT- WALK, AND ADDED FLOATING DOCK AND FINGERS ~/~/87 q SAMPLE LANGUAGE FOR PUMPOUT SIGNAGE IN MARINAS * The discharge of untreated vessel sewage into the waters of the United States and New York State is prohibited by Law (33 USC 1322 and NYS Navigation Law 33-C, 46-2). * Boat sewage from holding tanks shall be pumped at onshore facilities. Facilities are located at * Boats equipped with a Coast Guard approved marine sanitation device are urged to dispose of wastes in ...open waters and not in enclosed bays, canals, creeks, lagoons and streams. '* On-shore restrooms are located in this facility and are recon~nded for use before boarding. * Let's keep our water clean. HENRY FI'SMITH, President JOHN M. ~REDEMEYER, Vice-Pres. PHILLIPS. GOUBEAUD ALBER~KRUPSKI, JR. ELLEN l' LARSEN Mr. Pre Brc P. Cut Re: dui fei Ret the of De HP; BOARD OF TO~N TRIrSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 26, 1987 James E. Fitzgerald, Jr. sident adwaters Cove Association, Inc. O. Box 791 chogue, New York 11935 Broadwaters Cove Association, Inc. - Application No. 510 r Mr. Fitzgerald: The following resolution was adopted by the Board of Town Trustees lng their regular meeting held on June 25, i987 regarding the above erenced matter. oived that the Southold Town Trustees TABLE the Wetland Application 510 submitted by James E. Fitzgerald, Jr., President, on behalf of Broadwaters Cove Association, Inc. pending approvals from the Board Appeals and Planning Board for the project as advised by the Building artment. Very truly yours, ry . mith, President Board of Town Trustees ip Bldg. Dept. Board of Appeals Planning~oard Trustee/~ file / TELEPHONE (516) 765-1892 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 24, 1987 To: Southold Town Trustees From: Linda Cooper, CAC Secretary The Southold Town Conservation Advisory Council held its regular meeting June 18, 1987. The following recommendations were made at that meeting: No. 527- Mr. and Mrs. John Lang - Recommend approval with the stipula- tion that applicant does not distub the natural vegetation (spartina wetland). No. 528 - Mr. and Mrs. Alan Watson - Recommend approval. No. 529 - Hide-A-Way Boat Basin- Recommend approval. No. 530 - West Lake Association - Recommend approval. No. 531 - Alexander Koke - Recommend approval of the berm and filling. No. 532 - Gardiners Bay Property Owners Association - Recommend approval. No. 533 -Yan H. Rieger - Recommend approval. No. 534- Peter Fakiris - Recommend approval of the dock but disapprove of the bulkheading. The CAC suggests applicant extends the ramp from the base of the dock up further and that would eliminate the need for the bulkheading. The CAC does not approve of the bulkhead because there are no other bulkheads in the area and the bulkhead would create erosion problems. No. 536- No. 510- John C.W. Campbell - Recommend approval with the stipulation that a 50' natural vegetation buffer be maintained between the house and bulkheadingo James E. Fitzgerald Jr., Pres., Broadwaters Cove Association, Inc. Recommend approval. No. 522- Michael S. Gillilund - Recommend approval with the stipulation that it be mandatory that applicant does not disturb the natural vegetation buffer between the house and bluff. If you have any questions please do not hesitate to contact me. Linda J. Cooper Secretary CAC HENRY JOHN M PHILLI] ALBER' ELLEN Mr, PrE BrE P. Cu~ Re: met a ( to Hp.~ At! CC: SMITH, President BREDEMEYER, Vice-Pres. J. GOUBEAUD KRUPSKI, JR. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 25, 1987 James E. Fitzgerald, Jr. sident adwaters Cove Association, Inc. O. Box 791 chogue, New York 11935 Broadwaters Cove Association, Inc. - Application No. 510 blr. Fitzgerald: Pursuant to your letter of June 23, 1987, please find attached termination rendered by Mr. Victor Lessard, Executive Administrator the Building Dept. regarding the above referenced project. Please return to the Zoning Board of Appeals and to the Planning rd Office for the additional applications required for this project. Should you have any questions or concerns, please do not hesitate contact this office at the telephone number listed above. Very truly yours, Board of Town Trustees :ip achment Trustees file TELEPHONE (516) 765-1892 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-I 802 To: Southold Town Trustees t~.._~.~or~ From: Victor Lessard, Executive Administra Subject: Broadwaters Cove Marina expansion D~te: June 25, 1987 Upon reviewing the application before Southold Town for expansion of a pre-existing, non-conforming use, determine the following: Trustees I would The expansion exceeds 50% of its value allowable by code, and would require actions of Zoning Board of Appeals After getting necessary approvals from ZBA, than amended site plan would be required for Parking approvals, etc. by the Planning Board. an VL/lmr BROADWATERS COVE ASSOCIATION, INC. Post Office Box 79! Cutchogue, New York 11935 June 23, 1987 Mr. Henry P. Smith, President Board of Town Trustees Town Of Southold Post Office Box 728 Southold, New York 11971 Re: Broadwaters Cove Association, Inc. - Application No. 510 Dear Mr. Smith: I am enclosing, to be added to your file for our application, a copy of Permit No. 10-87-0514, dated 6/10/87, which we recently received from the New York State Department of Environmental Conservation. With regard to the question that had to do with zoning which was raised at the 5/28/87 Public Hearing, I am not sure that I understand what the supposed problem is, nor am I sure about whether your Board or our Association was to contact the Zoning Board of Appeals. I would a~preciate hearing from you on this particular aspect of the review of our application. Further, I am concerned about the possible effect that recent changes in the Conservation Advisory Council, as reported in the media, may have upon the timely completion of the review of our application. As you know, a copy of my 6/3/87 letter to you, together with its attachments, was sent to the Council, but I have had no response to date. Thank you for your continued interest in our project. / /President/// New York State DepadmentofEnvironmentalConse~ation Regulatory Affairs U~it Bldg. 40,SUNY, Rm. 219 Stony Brook, NY 11794 (516) 751-7900 Henry G. Williams Commissioner ! Brbadwaters Cove Assoc., Inc. P.~.Box 791 Cu~chogue, NY 11935 AtZn: James E. Fitzgerald, Jr. June 10, 1987 (6] CO~ at CPR: enc Re: Permit No. 10-87-0514 Lr Mr. Fitzgerald: In conformance with the requirements of the State Uniform )cedures Act (Article 70, ECL) and its implementing regulations ~YCRR, Part 621) we are enclosing your permit. Please read all iditions carefully. If you are unable to comply with any conditions, !ase contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted the project site and protected from the weather. Very truly yours, Program Aide ._ 10- -0514 N/A rticle 15, Title 3; 6NYCRR 327, ;~8, 329: Aquatic Pesticides rticle 15, Title 5: N refection of Water rticle 15, Title 15: later Supply rticle 15, Title 15; later Transport rticle 15, Title 15: Dng Island Wells rticle 15, Title 27: fild, Scenic and Recreational ivers N~YORK STATE DEPARTMENT OF ENVIRONMENTAL CONgVATION PERMIT · Under the Environmental Conservation Law EFFECTIVE DATE 6/10/87 EXPIRATION DATE(s) 6/30/90 J--'-~J 6NYCRR 608: N Water Ouallty Certification [---~ Article 17, Titles 7, 8: SPDES -- Article 19: __ Air Potlution Control* J------'J Article 23, Title 27: Mined Land Reclamation ~] Article 24; Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) Article 25: Tidal Wetlands N Article 27, Title 7; 6NYCRR 360: Solid Waste Management* Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management -- Article 36: __ Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control Bro P.O exist SUED TO dwaters Cove Assoc., Inc. (Attn: James E. Fitzgerald, Jr.) Box 791, Cutchogue, NY 11935 PE RMITTEE/CONTACT PERSON xxm~ne~mmw~xmmcx~xmx~m~At~0 LOCATION OF PROJECT: Broadwaters Cove, Mason Dr. ; OF PROJECT/FACILITY I COUNTY TOWN,~J~LI~ma~lt'~ UTM COORDINATES hogue J Suffolk Southol~ 3' open-pile catwalk and add 21' x 3' to open-pile catwalk; construct 25±' x 3±' .eadinm to ¢3) 20' x 6' flomts w~rh (q~ l&' v 2' ~ ..... ~ ....... ~o~= ~ ng pilings; maintenance dredge 50± cubic yards of spoil as per attached NYSDEC ,ed glans (4 pagem). GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. iuee shall f lie in the olfice of the appropriate regional permit admimstrator, or other office designated in the special conditions, a nouce of intention to commence least 4fl hours m advance o! the time of commencement and shall also nottfy him[her promptly in writing of the completion of the work fired work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if c interest so requires pursuant to ECL §714)~01 and SAPA §401(3) ~ttee has accepted expressly, by the execuhon of the application, the full (egal responsibility for all damages, dtrect or indirect, of whatever nature, and by whomever arising out ol the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and descrip- Page I of 3 J 6/1011 retotore by the Department or any of the terms, conditions, or requirements contained in such order or determination d~catlon ol th~s permit 8ranted by the Department must be in writing and attached hereto ;SUANCE DAtE ~R~TT~gDG]~PR~A'T'~ · ADDRESS Bldg.40,SUNY,Rm.219 ,7 Alfred T. Kellar Ston7 Brook, NY 11794 / ADDITION,~.L GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 2S, 34, 10 That if teratio the pe thereb moddi pleted and fb 12 Grant bdity the U future operations by the State of New York require an al- in the position of the structure or work herein authorized, or or tlood ilows or endanger the heai~h, safety or welfare of es of the State, the owner ma'/be ordered by the Department to without expense to the State, and if, upon the expiration or :ation of the watercourse hereby authorized shall not be corn- the owners, shall, without expense to the State, and to such re or fdl and restore to ~ts former condition the navigable ~d capac.ty of the watercourse No claim shall be made against ng of this permit does not relieve the applicant of the responsi- 5. Army Corps of Engineers. US Coast Guard. New York State 36 and 6 NYCRR Part 608 ( ) other environmentally deleterious materials associated with the project 14 An./material dredged in the prosecution of the work herein permitted shall be removed evenly, without fearing large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 15. There shall be no unreasonable interference with navigation by the work herein authomzed If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State. and to such extent and in such time and mahner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No clairn shah he made against the 5tare of New York on account of any such removal or alteration. 17 If granted under Article 36. this per,tilt does not signify m any way that the project will be free from flooding 18 If granted under 6 NYCRR Part 608. the NYS Department of Env,ron- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301. 302. 303. 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the condRions listed herein are met 19 All activities authorized by this permit must be in strict conformance with the approved plans submitted by the apphcanI or his agent as part of the permit application. Such approved plans were prepared by S:PECIAL CONDITIONS on Supp · M~intenance dredging to be limited to 3' below mean Iow water and placed landward o~ existing newly repaired bulkhead. / ~onstruct 20' return onto south end of and perpendicular to existing bulkhead. A H' temporary barricade will be installed at westerly end of return to retain [redge spoil. ~ 20' temporary barricade will be installed at northerly end of bulkhead to retain lredged spoil. 7here shall be nD disturbance to tidal wetlands vegetation on south side of parcel. 'reposed catwalk will be elevated a minimum of 4' above grade. ;oats that are docked at marina will be less than 22' overall length and will not ~ave fixed or permanently installed toilet facilities aboard. ~ttached to and part of this permit is a sign to be posted at the marina indicating ocations of pumpout facilities. .ementary Special Conditions (A) through ($) attached. 10-87-0514 N/A Page ? of 3 SUFPLEP~.'TARY SPEC~ZL CONDITIONS follo~,ing conditions apply to all petunits: If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs ar the address and telephone noted below. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. ~ The permit si~n enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt fo~certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. For projects involving activities to be accomplished over a period or more than one ~ear, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. Ail necessary precautions shall be taken to preclude cont~m4nation of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, un/ess authorized in writing, shall be treated as a violation of the Enviro~m~_ntal Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Ar~y Corps of Engineers, ~f District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory %unctions Branch), prior to commencement of work authorized herein. J 10-87-0514 DEC # Page 3 of 3 The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Divisi~n of Land Ut~/l~zation, Office of General Services, Tower Building, Empire State Plaza, Albany, N~ 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SU~--Room 219 Stony Brook, NY 11794 (516) 751-7900 C} C[ N] B~ SI h, TI p: T1 C] C~ B S D T ARLES T. HAMILTON ief, Marine Regulatory Section SDEC, ~ureau of Marin'e Habitat Protection dg. 40, SUNY, Room 225 ony Brook, N. Y. 11794 RE: Permit No. Issued To: Contractor's Name Contractor's Address 'Contractor's Phone No. ~ar Sir: ~rsuant to General Condition Number i of the above referenced permit you are ~reby notified that the authorized activity shall commence on ~is notice is to be sent at least two days in advance of commencement of the 'oject. ~e permit sign will be posted at the site and copy of permit will be available site for inspection. Submitted by ilure to notify or post sign will leave owner and/or contractor subject to ~licable penalties for non-compliance with permit conditions. ~RLES T. HAMILTON ~ief, Marine Regulatory Section ~SDEC, Bureau of Marine Habitat Protection .dg. 40, SUNY, 'Room 225 ~ony Brook, N. Y. 11794 RE: Permit No. Issued to Contractor's Name Contractor's Address Contractor's Phone No. mr Sir: ~rsuant to General Condition Number 1 of the above referenced permit you are · ~reby notified that the authorized activity was completed on Submitted by lis notice, with photos of completed work and or completed survey, is to be sent ~ above address promptly upon completion of project. Failure to notify will leave ~ner and/or contractor subject to applicable penalties for non-compliance with ~rmit conditions. W h~=ad and catwalk ~d · ' TION TO CA~WALE~ A~ ADDED p~'ovide adde~ docking App ~ ~0-87-0~1~ FLOATING ~GK8 A~ FINGERS 3/3/87 NYSDEC APPROVED -' '. . t4L~) / In: Broadwaters Cove ~',,,,,,o~,~,~ At: Cutchogue, NY County of: Suffolk APPLICATION by: James E. Fitzgerald, Jr., Pres Broadwaters Cove Ass'n, Inc. P.O. Box 791~ Cutchogue, NY Purpose: Replace deteri- DREDGING PLAN orating bulkhead and cat-Scale: 1" ='40' walk and provide added do~king App # 10-87-0514 PROPOSED BULKHEAD AND CAT- WALK REPLACEMENT, ADDITION TO CATWALK, AND ADDED FLOAT- ING DOOKS AND FINGER DOCKS ~/~o/87 Revised 5/8/87 ~'~,~ '-' m'-~' - ' - I0~ I "': ~q SDEC 7" APPROVED , ~ ~-x ,fla./~, DATE ~~ ~o~ ~pose: Replace SECTION VI~S deteriorating bulk- 1/4" = 1 '-0" PROPOSED BULE~D A~ CATWA~ REP~C~NT, ADDITION TO CAT- he~d and catwalk and WA~, A~ ADDED FLOATING DOCK~ provide added docking A~ FINGES ~1~187 ~¥SDEc APPROVED ',~ SAMPLE LANGUAGE FOR PUMPOUT SIGNAGE IN MARINAS * The discharge of untreated vessel sewage into the waters of the United States and New York State is prohibited by Law (33 USC 1322 and NYS Navigation Law 33-C, 46-2). * Boat sewage from holding tanks shall be pumped at onshore facilities. Facilities are located at * Boats equipped with a Coast Guard approved marine sanitation device are urged to dispose of wastes in ...open waters and not in enclosed bays, canals, creeks, lagoons and streams. '* On-shore restrooms are located in this facility and are recon~ended for use before boarding. :' * Let's keep our water clean. To: From: Re: Trustees Secretary to Board Broadwaters Cove Wetland Application 3une 24, 1987 PleaSe review the attached information relative to the above matter. They~will have to return to the Planning Board for site plan approval for the parking area, in addition to any additional parking spaces that may be required? (as per Victor). WoulI you like me to forward this information to Mr. Fitzgerald for his info? PleaSe advise. PUBLIC HEARING IN THE MATTER OF JAMES E. FITZGERALD, JR., PRES. BROADWATERS COVE ASSOCIATION, INC. NOTICE IS HEREBY GIVEN THAT APUBLIC HEARING WILL BE HELD BY THE TOWN tRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, ~OUTHOLD, NEW YORK ON THURSDAY, ~Y 28, 1987 ON THE FOLLOWING APPLICATIONS Pi Ti Ti in tb ir fz 3 'OR PERMITS UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF :OUTHOLD. the matter of the applicationof James E. Fitzgerald, Jr., Pres./Broadwaters ve Association, Inc. to replace existing bulkhead, return, and replace three ~isting pilings, bulkheaded catwalk; add approximately 20' of open catwalk, intenance dredge the docking area; add three floating docks with 4 fingers. perry is located on the eastern end of Mason Drive, Cutchogue. ustee Smith: I believe that we are going to have to table this application? do not have the conm~ents from the C.A.C. cretary: You can open the meeting and then recess it. ustee Smith: Is there anyone here having anything to say pro or con regarding .is application? .mes Fitzgerald: My name is James Fitzgerald and I will be happy to answer any .estions. I would like to know why you are going to table this. 'ustee Smith: The Conservation Advisory Council is required to give us an ,inion on the application. We can't vote on this until they give us their commendation. nes Fitzgerald: Oh yes, I received a letter from them two days ago. The letter ~icated that I would have to wait until their June meeting to present the information my need. Is that correct? ~retary: Submit the information that they requested. I would contact the cretary to the C.A.C. to ask her if she knows what information they need. ustee Bredemeeyr: That' right. mes Fitzgerald: I contacted her yesterday, and she didn't know. ustee Bredemeyer: Then you may want to talk to the Chairman and see what they nt, try to meet with them on field inspections to answer any questions prior to mir meeting. The New York State D.E.C. has raised some questions. Have they vised you of their concerns? ~es Fitzgerald: Yes they have. I met with them and I think we arrived to an icabie decision. The two major concerns were the increase in the boat population that area. Toward the end I suggested that instead of having 4 fingers extending om the new dock that we intended to provide space for 8 boats. We reduce that to fingers which would be for only 4 additional boats. The other concerns were how would contain the spoil from the dredging so that it would not flow towards the uth into the wetland area. We indicated that if it were appropriate, we would age 2. ames E. Fitzgerald, Jr. Pres., Broadwaters Cove Association, Inc. ublic Hearing - May 28, 1987 ~uiid a 15 or 20' return along inside, but parallel to our property line there. f necessary put in temporary barricades during the dredging operation. As I said oth of those things, in our conversation, seemed adequate. After the conversation submitted it in writing and I haven't heard from them yet. trustee Krupski: What about the Army Corp of Engineers? ames Fitzgerald: Steve Mars was suppose to be out two weeks ago, tomorrow, nd he was not able to make it. He will be out tomorrow. The only problem with the Corp of Engineers at this point is, or administrative detail, was that I idn't put in an arrow on the locus map and things of that nature. I think that as all of his concerns in regard to the application or things that I could do t hand that it didn't have any impact on the actual application. tecretary: Will you forward a copy of your letter that you sent to the D.E.C so that e know what agreement was made? For our file. dames I understand that haven't said that it Fitzgerald: they was okay as yet. t was just a suggestion in response to their comments. trustee Smith: Thank you. teve Latson: Mr. Fitzgerald why is it you want to dredge? I looked over there and found that there is 3 ft. of water at the end of the little docks at low tide? .t~' Fitzgerald: At iow tide there is no water against the bulkhead. Because of e prevailing winds in the area~ the people who have power boats dock them with the bow f~cing east. We have had situations in the past where the floaters were in the sand. ~have a little sail boat that is in a more southerly position. Where the catwalk gpes east and the sand has built up in that corner to the extent that even though t~e boat is a 14' Boston Whaler Harpoon, and even though it only draws 4" it is on t~e sand at low tide. Sieve Latson: I was curious to know why they dock that way. T~ustee Smith: Thank you. Do any of the Trustees have anything they want to say. N9 comment. From the audience: I have something to say. T[ustee Smith: Will you please state your name. | J~ffrey Levitt: Jeffrey Levitt, I am an Attorney at 119 West Oak Street, Amityville. I represent Mr. Norman Boos who owns the Broadwaters Cove Marina which is about 500 f~. north of the subject property. The issues that I really want to raise with you ttnight involve the standards that the Board is going to apply to this particular aI ~lication. In the latter part of 1983, Mr. Boos made an application to this Board tt add dock space to his marina. T~ ~stee Smith: I think that you are getting off of the track here. This is a Ptblic Hearing for the Broadwaters Cove Marina. | M~. Levitt: Yes, I understand, may I make a point here. Believe me I did not spend t~o hours to come out here to waste your time. Or to waste my time. Both of these p~operties are zoned the same. Both of these properties are non-conforming uses. ~ge 3. J~mes E. Fitzgerald, Jr., Pres., Broadwaters Cove Association, Inc. P~blic Hearing - May 28, 1987 I~ 1983 Mr. Fitzgerald wrote to this Board, and I have a copy of this letter, s~rongly protesting on behalf of the property owners. I have a copy for each o~e of you. Strongly protesting any change in the area by which there would be a~y increase in the marina facility. As a result of that objection, there was a~subsequent letter from the Association in 1984 making complaints. That applicant was forced, I'll take back the word forced, he was requested to prepare an E~vironmental Impact Statement. Now, what I'm leading up to is this -- we feel that tie standards that should be applied to this application should be consistent s~andards. For example, Mr. Boos had to get an Environmental Impact Statement, wl~y doesn't the Association have to get an Environmental Impact Statement? Now I h~ve read the application and I don't know if there has been a change in the al .i~ation in the last three days? But there were pages and pages that deal w~th environmental matters that were totally left blank. There was nothing w~itten on them. Now, does that mean that if Mr. Boos comes before the Board with ax application that there would be no necessity for an Environmental Impact Statement. TI.at he would not have to fill out any of the environmental information in an al.plication? The application of the Association where there is a question "Is tlere a permit necessary from the Army Corp of Engineers?" It says no. Now would tlat mean that the Board would pass on it without the Corp of Engineers? Now there w~.s a Zoning issue. This is a change of a non-conforming use. This was the p~.sition that the Association took a few years ago. That someone just a few h~.ndred feet away with the same property could not add just one more boat without g~,ing to the Planning Board, without going to the Zoning Board of Appeals. As f~r as I know, there is no application by this applicant before the Planning Board, b~fore the Zoning Board of Appeals? So, what is being done here is to by pass all o~~ the normal governmental controls that were requested by this very applicant just a few years ago with regard to one of it's neighbors insisting, and it is my u~derstanding that the Board took the position that before it was going to give a=gy approval that all of those conditions of Environmental Impact Statement, of Pi~anning Board Approval, Site Plan, it was a very expensive proposal and going to t]~e Zoning Board of Appeals which the applicant did. Then because there was o]~jection from the neighbors, very heated objections, this application was w~thdrawn. By the way, what about parking, there has to be off street parking r~quirements. There were requests by the Association against it's neighbor a f~w years ago. Did Mr. Boos have enough parking if he wanted to change the non- cC gc tb Is an be w~ I pb w~ w~ nforming use status? The Trustees I understand, made him go to the other vernmental agencies to make sure that that was done. I don't understand that mre is any such application pending anywhere with regard to parking issues? sues were raised at that time that Mr. Boos was a profit making organization d this is not a profit making organization. I suggest that the birds and the ms and the fish don't know the difference as to what is going into the water ether the person who is driving the boat docks his boat with someone who is king a profit, or is docking his boat with someone who is not making a profit. the way, I heard it said that there will be threm finger docks for four boats. think three finger docks will be six boats. If my arithmetic is correct. The ysical attributes of the dock, I also find very interesting. It shows a 50 ft. dth being proposed here. Unless the boats are going to be 12 ft. boats, they going to be facing each other on a 50 ft. width, the likely hood is that this going to have to go out mnch further into town waters than it is being proposed. you have two 25 ft. boats facing each other on 50 ft. I don't understand how they 11 both turn or anyone would turn or exit any area to be able to leave. Now J~ ti a h~ t| O~ d~ g: I t~ a] Ti T] Ti fl Jt fl TI TI Ti ge 4. mes E. Fitzgerald, Jr., Pres., Broadwaters Cove Association, Inc. blic Hearing - May 28, 1987 at doesn't mean necessarily what I'm saying is opposing the application or m infavor of the application. I'm raising an issue that the Trustees act in continual, that's the right word. The persons may change but the concepts are ppose to remain the same. The rules are suppose to remain the same. It seems me to be very unfair to be bought at that time, to have indicated that those e the rules. Apparently, I'm assuming that if the gentleman came in again, at those are still the rules, but there is a different set of rules. I'm re tonight, to make sure that if that application the Association is granted at there are no mistakes that are made. That in the future Mr. Boos should me in, and he is told that he needs an environmental impact statement, and he ys "What about the Association?" There is no one that says that was a mistake forgot. Or if he asks about parking, no one says it was a mistake, we forgot. if he asks about Zoning? Theoretically from what is being proposed here if he dn't ask for 8 boats and he asked for 80 boats the implication is that you could .ye approval and he wouldn't have to go to any one to change his non-conforming use. just want to make sure that these things are brought up in a public session so ~at we understand and the Board understands, I hope, what the guidelines are ~ppose to be. Now, they have changed. Now, if none of that is true any longer, assume that you will apply those standards to this application and to any other ,lication that comes before you. ~stee Smith: Thank you. 'ustee Bredemeyer: Thank you. ~ustee Smith: I'll recess this public hearing until we receive the comments om the Conservation Advisory Council. ffrey Levitt: Mr. President, can I leave with you also a letter of Jan. 4, 1984 'om the Association to Mr. Stoutenburgh, President of the Board of Trustees. ustee Smith: Thank you. ustee Krupski: I'm sorry Henry, you recessed the hearing before I could .mment. Could we contact the planning board about the parking? ustee Bredemeyer: I'm generally agreed to that. ustee Krupski: Instead of getting the comments from the C.A.C. and then saying hat about parking" we should get all of our concerns together at once. ustee Bredemeeyr: I would like time to get all of the information together d review the application before expressing a position on it myself. ustee Smith: Then I'll open the hearing again. Do you want to go down there look at the project again? Talk to Mr. Fitzgerald again? stee Krupski: Sure. Do you think we should communicate with the Z.B.A.? ustee Bredemeyer: I'm glad the gentleman came to the meeting and spoke. I think age 5. ames E. Fitzgerald, Jr., President., Broadwaters Cove Association, ublic Hearing - May 28, 1987 Inc. ! that we have no alternative. It would be prudent, I'm glad the gentleman came t~ the meeting and spoke. This is the first time that I've seen an Association p~oject, that some valid issues were raised. T~ustee Smith: I think what ever he asked us to look into we have to do it. L~ke he said no mistakes. We have to do it. Okay. T~ustee Krupski: This is over Town bottom. T~ustee Smith: Right. I'll recess this meeting. HENRY JOHN M, PHILLIt ALBERq ELLEN ~.SMITH, President BREDEMEYER, Vice-Pres. J, GOUBEAUD KRUPSKI, JR. ~. LARSEN BOARD OF TO~N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 June 3, 1987 Victor Lessard ~xecutive Administrator ~uilding Dept. ~o~oa Hall ~ain Road ~outhold, New York li971 Wetland Application No. 510 - James E. Fitzgerald, Jr. President on behalf of the Broadwaters Cove Association, Inc. )ear Vic: During the public hearing held on May 28, 1987 regarding the above ~roject several questions were raised regarding the possibility of approvals ~rom the Planning Board and Zoning Board of Appeals. Transmitted herewith is a copy of the file for your review and determination n the need of any other approvals. P~y we have your comments on the need of ther approvals by June 22, 1987 or at your earliest convenience? Thank you for your assistance in this matter. Very truly yours, Henry P. President Board of Town Trustees iPS:ip .ttachments Planning Board Board of Appeals BROADWATERS COVE ASSOCIATION, INC. Poet Office Box 791 CutchoGue, New York 11935 Mr. Henry P. Smith, President Board of Town Trustees Town Of Southold Post Office Box ?28 Southold, New York Re: Broadwaters Cove Association, Inc. - Application No. 510 Dear Mr. Smith: As was requested at the Public Hearing concerning our applica- ' tion on Thursday, May 28, 1987, I am enclosing herewith a copy of my letter to the New York State Department of Environmental Conservation which details the changes I described at the hearinG. In addition, since the drawings I prepared for the DEC submis- sion are more detailed that those submitted with our applica- tion to the Town, I have enclosed a set of the original draw- ings, along with the revisions described in my letter to the DEC. Further in this regard, I am sending a copy of this letter and those drawings to the Southold Town Conservation Advisory Council, with the hope that they will be sufficient to provide the additional information that agency requested in their letter to me of May 14, 1987. It should be noted with regard to both the CAC's question (3) and Mr. Levitt's comments at the hearinG that boats would be docked only on the inside of the northerly and southerly fingers off the floatinG dock; thus we propose four additional boat spaces. As I mentioned to Ms. PfifferlinG on the telephone today, Mr. Levitt's lecture contained a number of errors in fact and if it would be appropriate for me to address them in writing to the Board before the next hearing on our application, I will be happy to do so. Please call me if this would be of any help in your deliberations. cc: P resident Southold Conservation Advisory'Council BROADWATE ' COVE ASSOCIAT~N, INC. 7 Haywaters Dri~ Cutc].a~gue, New York 11935 May 8, 1987 New York State Department of Regulatory Affairs Unit Building 40, SUNY, Room 219 Stony Brook, New York 11794 Environmental Conservation Attention: Ms. Cathy Russell Re: Application No. '10-87-0514 Applicant/Owner: Broadwaters Cove Ass'n, · Cutchogue, Southold Inc. Dear Ms. Russell: Thank you for your letter of April 27, 1987, concerning our application, with comments from the Bureau of Marine Habitat Protection and the Bureau of Shellfisherles. I visited the Department of Environmental Conservation offices in Stony Brook on May 4, 1987, and the receptionist at Room 219 suggested that I talk directly to the persons who had commented on our application. I had very worthwhile discussions with Mr. Enrico and Mr. de Quillfeldt, and as a result of those discussions I have made certain changes in our proposed project. A revised SITE PLAN is enclosed. You will note that the number of floating finger docks has been reduced, thus reducing the boat docking capacity of the proposed expansion from eight boats to four boats. It is important to note that the boats docked there will all be less than 22 feet overall length, and they will not have fixed or permanently installed toilet facilities aboard In addition, a 20' return is added at the southerly end of the existing bulkhead to assist in retaining the spoils resulting from the proposed dredging. Further, we propose to use temporary barricades as necessary to retain the spoils during the dredging. These changes are shown on the revised DREDGING PLAN enclosed. ~he Department of · ppreciate it. I continue to be impressed by the courtesy, ~rofessionallsm of all of the people I have Environmental Conservation. %ttachments: PLAN VIEW of site DREDGING PLAN dedication, and come in contact with at Your "customers" (Revised 5/8/87) (Revised 5/8/87) Put det hea pro I I Application By: Zn: Broadwaters Cove At: Cutchogue, NY County o£: Suffolk James E. Fitzgerald, Jr., Pres. Broadwaters Cove Ass'n Inc. P.O. Box 791, Cutchogue, NY 1193 ~ Replace PLAN VIEW ~riorating bulk- Scale: 1" = 40' ! and catwalk and ride added docking App # 10-87-0514 PROPOSED BULKHEAD AND CATWALK REPLACEMENT, ADDI- TION TO CATWALK, AND ADDED FLOATING DOCKS AND FINGERS 5/ 187 Revised 5/8/87 I _~ ~ In: Broadwaters Cove ~~ ~ At: Cutchogue, NY County of: Suffolk ~ ~ APPLICATION by: James E. Fitzgerald, Jr., Pres Broadwaters Co~e Ass'n, Inc. P.O. Box 791~ Cutchog~e~ ~ ~rp~se: Replace deteri- DREDGING PLAN PROPOSED BULKHEAD AND CAT- orat ~ng bulkhead and cat-Scale: 1" = ~40' WALK REPLACEMENT, ADDiTiON walk and provide added TO CATWALK, AND ADDED FLOAT- docking APP ~ 10-87-0514 ING DOCKS AND F~NGER DOCKS -- 3/10/87 Revised 5/8/87 Town Hail, 53095 Mai~ Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSER'~ ATION ADVISORY COUNCIL May lq, 1987 James E. Fitzgerald, Jr. Broadwaters Cove Association, P.O. Box 791 Cutchogue, New York 11935 [nc. Re: Wetland Application No. 510 The Southold Town Conservation Advisory Council can neither inspect nor recommend approval of a wetlands permit for your project for the following reasons: (1) Map showing location of project was inadequate or illegible. Please resubmit with a large detailed map showing all road in the area, orientation of same, north and south, and adiacent landowners. X X (2) Plan of project lacked sufficient detail. Resubmit with drawings or arrange to present project orally at future CAC meeting. (3) Other: The plans do not show the exact nature of the dredging or reservation of boat spacing. The next regular meeting of the Southold Town Conservation Advisory Council is scheduled for Thursday, June 18, 1987 at 8:00 P.M. at the Southold Town Hall. The Council will be making inspections, ThL,-sday, June 18, 1987 beginning at 3:00 P.M. Should you have any questions or wish to make any appointment to meet w~th the Council, please contact the Council's secretary, Linda Cooper, at the telephone number listed above. cc.: Southold Town Trustees Sincerely, Martin H. Garrell, Southold Town Chairman Conservation Advisory Council u_ ~ . ~'- !I!1 .." ~ t~'6. I ~ ~ { In: Broadwaters Cove At: Cutchogue, ~ ~ ~ County of: Suffolk ~ ~ ~ Application By: James E~ Fitzgerald, Jr., Pres. $ Broadwaters Cove Ass'n Inc. ~ ~ P.O. Box 791, Cutcho~e, ~ 119~ ~r~, ~ Replace PLAN o~ · PROPOS~D BULKHEAD AND deteriorating bulk- Scale: 1" = 40' CATWALK REPlACeMENT, ADDI-~ head a~:,~ catwalk and TION TO CAThALk, AND ADDED~ FLOATING DOCKS AND FINGERS rrc, v~,~e added docking App ~ 86-1414-L2 5/3/87 L ~pose: Replace ;eriorating bulk- ed and catwalk and ,vide added docking SECTION VIEWS 1/4" = 1'-O" App # 86-1414-L2 PROPOSED BULKHEAD AND CATWALK REPLAC~,~ENT, ADDITION TO CAT- WALK, AND ADDED FLOATING DOCK~ AND FINGERS 3/3/8? In: Broadwaters Cove At: Cutchogue, ;'~ County of: SuFfolk APPLICATION by: ~eFlace deteri- DREDGING PLAN bulkhead and cat-Scale: 1" = 40' and provide added Ioc~inJ App # 86-1414-L2 James E. Fitzgerald, Jr., Pres Broadwaters Cove Ass'n Inc. P.O. Box 791r Cutchogue. NY PROPOSED BULKHEAD AND CAT- WALK REPLACEMENT, ADDITION TO CATWALK, AND ADDED FLOAT- ING DOCKS AND FINGER DOCKS 3/10/87 BROADWATERS COVE MARINA P.O. Box 432 8000 Skunk Lane Cutchogue, New York 11935 734-6323 May 29, 1987 r. Henry Smith, President outhold Town Board of Trustees outhold Town Ha11 ain Road outhold, New York 11971 Re: May 28th, 1987 Town Trustees Minutes ear Mr. Smith: By this letter, I wish to formally request a copy of the ~inutes of the SouthoId Town Trustees Meeting and PubIic Hearings eld on May 28, 1987. I wish to further request that after the inutes and Hearings are recorded by the Town Trustees secretary, he tapes are not destroyed and I be given an opportunity to sten to the tapes. Your kind consideration and cooperation is most appreciated. Sincerely yours, Broadwaters Cove Marina : Jeffrey Levitt, Esq. Joan Langemyr 64 Oak Drive Broad Waters Cove Cutchogue, ~ew York January 4, 1984 11935 Mr. Paul Stoutenburg, President Board of Town Turstees Town Hall Main Road Southold, New York 11971 Re: Application of Norman C. Boos, 10/28/83 Dear Mr. Stoutenburgh, I, like many of the Broad Waters Cove residents, oppose the application of Mr. Boos which was submitted ~n October 28, 1~83~ A letter from the previous owner, Angelo Petrucci, that was sub- mitted to the Southold Town Board, clearly explains the number of boats that can be moored in this marina. I cannot see why the board should change their decision now to please Mr. Boos. If he is having financial difficulties, his problem should not be the problem of the residents surrounding the marina. During the time Mr. Boos was dredging, we called the Environmental Department and the dredging ceased for a period of time. Shortly, thereafter, dredging began again. Could this be the result of some political maneuvering? The noise we were subject to at that time was very disturbing. I do hope you will give every consideration to the denial of Mr. Boos application in view of the over-whelming negative viewpoint of the local residents. Wishin{ you a Happy New Year. Sincerely, Joan Langemyr, President Broad Waters Cove Association Mr. P Board Town ~k~in Soutt Dear When list It oc nor si the g~ I, as the p, The J~ Petru( to be but ~ ment Pk. B limit~ area denie led m It wol that 1 uniqu( imporl resi& quiet cc Mr Mr 58 Haywaters Drive Post Office Box 617 Cutchogue, New York December 30, 1983 n9ss ml Stoutenburgh, President of Town Trustees {all bad )Id, New York 11971 Application of Norman C. Boos~ 10/28/83 Ir. Stoutenburgh: first decided to write this letter I began to mentally compile a ~f reasons why the permit sought by Mr. Boos should not be granted. ~rred to me, however, that no list of reasons ought to be required, ~ould there be required a long list of interested persons opposed to · anting of the pemmit. Ail that should be required is this statement: an individual with a demonstrable interest in the area, do not want ~rmit to be granted. me 1, 1978, letter of the Southold Town Board of Appeals to Mr. Angelo ~ci very clearly defines the limits within which the marina property is operated. The statement by the Board was made not only to Mr. Petrucci the interested public, and presumably it represents a certain com~it- .n the part of the Board· os now seeks to expand the use of the property beyond the indicated for his personal profit and at the expense of an impact upon the nd the conmunity. I seek, by urgently requesting that the application be to maintain undiminished that store of environmental qualities which to purchase a home in the area. id seem appropriate for Southold to again be first, this time in deciding he existing relative quiet and solitude which make the North Fork so , and which are of great value to at least a single resident, are no less ant to the conmunity as a whole than the aggrandizement of another single nt through further concessions which impinge in any degree upon that and solitude.. Yours truly, J, mmes E. Fit~ggYald · Victor Lessard, Building Department s. Joan Langemyr, BroacMaters Cove Association :LFPHONE Town Hall, 53095 Mai~ Road P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL May 14, 1987 James E. Fitzgerald, Jr. Broadwaters Cove Association, P.O. Box 791 Cutchogue, New York 11935 Re: Wetland Application No. 510 The Southold Town Conservation Advisory Council can neither inspect nor recommend approval of a wetlands permit for your project for the following reasons: __ (1) Map showing location of project was inadequate or _ illegible. Please resubmit with a large detailed map showing all road in the area, orientation of same, north and south, and adjacent landowners. X X (2) Plan of project lacked sufficient detail. Resubmit with drawings or arrange to present project orally at future CAC meeting. __ (3) Other: The plans do not show the exact nature of the dredging or reservation of boat spacing. The next regular meeting of the Southold Town Conservation Advisory Council is scheduled for Thursday, June 18, 1987 at 8:00 P.M. at the Southold Town Hall. The Council will be making inspections, Thursday, June 18, 1987 bec~inninc~ at 3:00 P.M. Should you have any questions or wish to make any appointment to meet with the Council, please contact the Council's secretary, kinda Cooper, at the telephone number listed above. Sincerely, Martin H. Garrell, Southold Town Chairman Conservation Advisory Council '--'/~:c.: Southold Town Trustees APPLICATIONS NOTICE IS HEREBY G[~ THAT PUBLIC HEARi~I~ WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL. MAIN ROAD. SOUTH- OLD, NEW YORK ON THURS. DAY, MAY 28. I997 ON THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE PROVISIONS OF THE WP]T- LAND ORDINANCE OF THE TOWN OF SOUTHOLD. 7:30 P.M.-In the matter of the application of Eh-Consul- tants. [nc. on behalf of Philip Salice to construct a timber dock consisting of a 4' x 40' twith additional 4' x 4' offset at outer end~ Bxed elevated walk extending from existing bulkhead: 4' x 16' hinged ramp; 6' x 50' float oriented N-S and 121 6' x 30' floats oriented E-W to form "V". Dock over area behind exist- ing bulkhead 130' x 99.5'1 and construct a 12' x 15' Gazebo. Property is located on Bayview Ave., Mattituck. 7:32 P.M.-In the matter of the application of David Rosen- berg/Old Mill Inn to con- struct 1200 sq. R. of decking with (4~ pilings. Property is located at the end of West Mill Road, Mattituck. 7:34 P.M.-In the matter of the application of Michael M. & Jane B. Sueiro to mainte- nance dredge 40 cu. yds. of spoil and to install two 20' x 5' floating piers. Property is located on Wiggins Lane corner of Dawn Drive, East existing pilings, bulkheaded way down the face of bluff lower end of stairs. Property ,s located at 1150 Sound Drive, Greenport. 7:40 P.M.-In the matter of the application of Christian B. Salminen to construct a 16' x 20' deck with steps to the water. Property is located at 240 Lakeview Terrace, East Marion. 7:42 P.M. [n the matter of the application of John H. Geideman on behalf of Alan Cardinale to expand an exast- lng catwalk by the addition of two new floats. 10' x 20' and 10' x 16'. There is to be no dredging associated with this project Property ~s lo- cated at the foot of Bridge Lane, Cutchogue. ALL PERSONS INTER- ESTED IN SAID MATTERS SHOULD APPEAR AT THI.3 TIME AND PLACE ABOVE SPECIFIED AND WILL BI'] G[VEN AN OPPORTUNITY TO [~E HEARD. COMMENTS MAY BE SUBM[WFED IN WRITING PRIOR TO TIlE DATE OF THE HEARING. [)ate: May Il, 1987 Henry P. Smith. President Board of Town Trustees 1TM$4-5596 OF~W YORK STATE } SS: COUNTY OFSUFFOLK ~ Richard William__~ .... ofGreenport, in said County, being duly sworn, says that ha/she is Principal Clerk of Tt4E SUFFOLK TIMES. a Weakly Newspaper. published at Greanport. in the Town of Southold. County of Suffolk end State of New York, end that the Notice of which tho annexed is e printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the [~-~ day of __ May 19~_ Principal Clerk Sworn to.re me this ~ NOTICE ON TH APPI NOTICE EN THAT INGS WIL THE TOWi THE TOW~' AT THE SC HALL, SOUTHOL ON THU~ 1987, ON '[ APPLICA'I MITS UN[ SIONS OF ORDINA~ TOWN OF 7:30 P.M.. application Inc. on hei~ ststing of a ditional 4' end) fixed ~ ding from e X 16' hing float orient X 30' floa form behind exisl 99..~ ') and 15' Gazebc on Bayvie'0 7:32 P.M applicatio Rosenberg/ stroct 120( with (4) I located at I Road, 7:34 P.M applicatior Jane B. Su dredge 40~ to install ti piers. Pro Wiggins L Drive, Ess 7:36 P.M applicatim 7_~erald~ Ir Cove As: replace e pilings, b add appro: catwalk, docking ar docks witl is located ~ Mason Dr 7:38 P.I~ the app Consultan of Joseph bluff for ~ beach. A ~ will be att~ stairs. ProI Sound Dri OF HEARING WETLAND ICATIONS tS HEREBY GIV- PUBLIC HEAR- ., BE HELD BY ~' TRUSTEES OF OF SOUTHOLD, UTHOLD TOWN ~IAIN ROAD, ), NEW YORK, SDAY, MAY 28, HE FOLLOWING tONS FOR PER- ER THE PROVI- THE WETLAND CE OF THE SOUTHOLD. In the matter of the of Eh-COnsultants, ~lf of Philip Salice a timber dock con- 4' X 40' (with ad- ~f 4' offset at ouU:r levated walk exten- :isting bulkhead: 4' ~d ramp; 6' X 50' !d N--S and (2) 6' :s oriented E-W to Dock over area lng bulkhead (30' X construct a 12' X . Property is located Ave., Mattitock. In the matter of the a of David Dld Mill Inn to con- sq. ft. of decking flings. Property is he end of West Mill Iituck. · In the matter of the of Michael M. & tiro to maintenance u. yds. of spoil and '020' X 5' floating ~erty is located on me corner of Dawn Marion. - In the matter of the of ~_m_r. LF.,.~F. ix~ ociation. Inc. to ¢isting bulkhead, replace three existing dkheaded catwalk: imately 20' of open aaintenance dredge ~a; add three floating 4 fingers. Property ~n the eastern end of ye, Cutchogue. 1.- In the matter of ication of En- s, loc. on behalf Lestingi to construct down the face of cess from the yard to v X I0' storage room ched at lower end of erty is located at 1150 ~e, Greenport. COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trave. Jer-Watchman once each week for ........................... / weeks successively, commencing on the ........... /(..~.: ..... Sworn to before me this ........... /..~ ....... day of ......... ......... ~9 ! Notary Public 7:40 P.M.- In the matter of the application of Christian B. Salminen to construct a 16' X 20' deck with steps to the water. Property is located at 240 Lakeview Terrace, East Marion. 7:42 P.M.- In the matter of the application of John H. Geideman on behalf of Alan Cardinale to expand an existing catwalk by the addition of two new floats, 10' X 20' and 10' X 16'. There is to be no dredging associated with this project. Property is located at the foot of Bridge Lane, Cutchogue. ALL PERSONS IN- TERESTED IN SAID MAT- TERS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OP- PORTUNITY TO BE HEARD. COMMENTS MAY BE SUB- MITTED IN WRITING PRIOR TO THE DATE OF THE HEARING. Henry P. Smith, President Board of Town Trustees Date: May 11, 1987 IT-5/14/87(2) BARBARA FORBES iVotary Public, State of New York No. 4806846 Qualified in Suffolk County mraissioa Expires ~-~.$ ! 19 accf' ReguL Bldg. Stony (b16) )rk State Depadment of Environmental Conservation ~tory Affairs Unit 40, SUNY, Rm. 219 Brook, NY 11794 751-7900 Mr. J~mes E. Fitzgerald, Jr. Presi~[ent Broad~aters Cove Assoc. P.O. i~ox 791 Cutch, lgue, brY 11935 Dear plete faci~ any~ fish be a Burea ment re-eh ing to th there and/c April 27, 1987 Henry G. Williams Commissioner Application No. '10-87-0514 Applicant/Owner: Broadwaters Cove, Cutchogue, Southold ~r. Fitzgerald: %he Bureau of Marine Habitat Protection and the Bureau of Shellfisheries has tom- its review of your project and has the following comments: he Bureau of Shellfisheries is opposed to _~a~expansion of the marina/docking ~ce this proposal is located in certified shellfish lands class SA waters, m~nave a negative impact on wa._ter quali_ty which may result in the loss of shell- habitat. Since there is opposition to the expansion of the docking facilities, will there need to dredge and extend the catwalk? If there is still a need to dredge, the of Marine Habitat Protection's technical staff is concerned with spoil place- pn the southeast side of the parcel. How will the spoil be retained so as not to ter waterway and/or tidal wetland vegetation? See attached marked up plans show- pposition to expansion and concern with spoil placement. There is no opposition bulkhead replacement. are returning a copy of the plan you submitted with recommended changes noted On. Upon submittal of revised plans (four copies) incorporating our recommendations requirements, we will resume processing of your application. * Please refer to the Application No. in all correspondence. /If we do not receive a response within 30 days of the date of this letter, we will assu~e that you have abandoned your proposal and will consider your application with- draw~. cc:~ 41 Enrico (BMHP) de Quillfeldt (Shellfisheries) / ~enry P. Smith, Tn. of Southold u,/ Sincerely, Program Aide - ' I I I I I I I mm, ,mm" In: Broadwaters Cove ;"-"' At: Cu~chogue,. NY County of: Suffol~':...~,-: /. Application By: James E. Pltzgerald,,J~;";';~pr.e~.~ Broadwa~ers Cove Ass n Inc. P.O. Box 791, Cutchogue, NY 1193~  rpose: Replace PLAN VIEW teriorating bulk- Scale: 1" = 40' ad and catwalk and ovide added docking App # 10-87-0514 PROPOSED BULKHEAD AND CATWALK REPLACEMENT, ADDI- TION TO CATWALK, AND ADDED FLOATING DOCKS AND FINGERS 3/3/87 I PuJpose: Replace deteri- In: Broadwaters Cove At: Cutchogue, NY County of: Suffolk APPLICATION by: DREDGING PLAN or,ting bulkhead and cat-Scale: 1" = 40' walk and provide added docking App # 10-87-0514 James E. Fitzgerald, Jr., Pres Broadwaters Cove Ass'n, Inc. P.O.. Box 791r Cutcho~uer NY PROPOSED BULKHEAD AND CAT- WALK REPLACEMENT, ADDITION TO CATWALK, AND ADDED FLOAT- ING DOCKS AND FINGER DOCKS 3/10/87 HENRY JOHN M PHILLII ALBER' ELLEN SMITH, President BREDEMEYER, Vice-Pres. J. GOUBEAUD KRUPSKI, JR. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 1197[ TELEPHONE (516) 765-1892 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: April 29, 1987 APPLICATION NO.: 510 NAHE: JAMES E. FITZGERALD, JR. PRESIDENT FOR BROADWATERS COVE ASSOCIATION, INC. This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review anR 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southoid To~-a Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: UNLISTED 'DESCRIPTION OF ACTION: REPLACE EXISTING BULKHEADING, RETURN, AND REPLACE THREE EXISTING PILINGS BULKHEADED CATWALK: ADD APPROX. 20' OF OPEN CATWALK, MAINT. DREDGE DOCKING AREA: ADD THREE FLOATING DOCKS WITH 4 FINGERS. LOCATION OF PROJECT: Eastern end of ~son Driv'e, Cutchogue. REASONS SUPPORTING THIS DETEP&IINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. FPIIONF 6) 76S-t$0l Town Hall, 53098 Main Road P.O. Box 1179 $outhold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL April 28, 1987 To: Southold Town Trustees From: CAC The following recommendations were made by the Southold Town Conservation Advisory Council at their regular meeting held Thursday, April 23, 1987: No. 509 - Daniel and Irene McKasty - Recommend approval. No. 510 - James E. Fitzgerald, Jr., Pres. - Broadwaters Cove Assoc~,..~c. Application was Tabled, The Council wishes to meet with the _applicant or obtain more details. There is no indication of the exact nature of the dredging or reservation of boat spacing. No. 511 - Alan Cardinale - Recommend approval No. 512 - Michael M. and James B. Sueiro - Recommend approval. No. 513 - Harold Reese - Recommend denial of permit at this time. Council feels this is a Type I action with full SEQR process. Hearings and detailed information required. No. 514 - Old Mill Inn - Recommend approval but must go on record that the work has already been done. (Should a violation be issued?) No. 515 - Christian B. Salminen - Recommend approval. No. 516- Joseph Lestingi - Recommend approval but suggest the applicant make a serious effort to revegetate the eroding bluff. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 March 27, 1987 Mr. James E. Fitzgerald, Jr., President Broadwaters Cove Association, Inc. 385 Haywaters Drive, Box 791 Cutchogue, New York 11935 Re:Broadwaters Cove Association, Inc. - Application No. 510 Dear Mr. Fitzgerald: The following action was taken by the Board of Trustees during their regular meeting held on March 26, 1987 regarding the above referenced matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Broadwaters Cove Association, Inc. on behalf of James E. Fitzgerald, Jr., President for a Wetland Permit on certain property located on the South side of the eastern end of Mason Drive, Cutchogue. Please have the property staked for inspection on April 23, 1987. very truly yours, Henry F. Smith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board o/PAppeals File ~ RESOLUTION - V - 6 - LE~ AGENCY DECLA~TION - BRO~WATERS COVE ASSOC., INC. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of James E. Fitzgerald, Jr., Pres. on behalf of Broadwaters Cove Association, Inc. for a Wetland Permit on certain property located on South side of the eastern end of Mason Drive, Cutchogue. BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF APPL,CATION .O. DATE oF ^PPL,CATION_ e .._ IDENTITY OF APPLICANT BROAIMATERS COVE ASS00[AT[0N, [NC. PHONE NO ADDRESS OF APPLICANT__~S__~e~_b__~ TAX MAP NO. 1000/104/7/18 ~PERMIT REGUESTED TO Rep_l~ace existing bulk_headin~.__r_e_t!4r~_~3.d__ L~;.' _' ' replace three existing pilings ~J~'l'~h-e~d~d' catwal_k; add _a_p_R. roximatelM 20' of open cat_w~l~: ' mainten~ice dre-d-g-e d-o-~g -a-r-e-a ;---a~--th-~e~e- ~at--~-~cks-~-/~ fingers LOCATION OF PROPERTY FOR WHICH PERMIT WANTED South side of '"~ ~-~S~c~-~nd of Mason Drive JAMES E. FITZGERALD, JR., President; 385 Haywaters Drive, Cutchogue CREEK, SIZE OF PROPOSED WORK LENGTH WIDTH PO Box 791, Cutchogue BAY OR HARBOR FRONTING PROPERTY__~j~a~A~_~0V~ See sketch ~_~Z86~ See sketch ~dated 1~2_~. See sketch ~_~2_~ 2' DEPTH BELOW LOW WATER 3' YARDS TO BE Z~ dredged: approximately 40 YARDS TO SE FILLED 40 (from dredging) ~j~jll WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY 900' DEPTH AT LOW TIDE Varies throughout area: 0' to 2', approx AVERAGE RISE IN TIDE 2I! - 6" DISTANCE TO THE NEAREST CHANNEL 1001 FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IS THIS FOR PRIVATE OR BUSINESS USE? Private AREA ZONING Residential - A IN THE AREA --0-- FT MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED Not known at this time INTENDED USE OF PROPERTY Recreational use of Broadeaters Cove Assn DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE Original construction of bulkhead, etc. (See ~our file) AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAl AGENCY Yes, licenses/permits have been issued; none have been suspended or revoked to the best of our knowled[[ .............. DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY Site will be in essentiall~ the same condition as at REagent except that new structures will [e_place old __G~_lost backfill behind bulkhead will have been replaced WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? None % COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: BROADWATERS COVE ASSOCIATION, INC. James E. Fitzgerald, Jr., President in completing this application I hereby aut~Fl~ the Trustees~ agent or representative to enter/~o~to ny ~_ t?~spe~the premises in conjunction with re~ie~L.of t~f42~'.a~cU~ ~tion. / / ; ,9 Y6, E~MINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS, WHARVES" PERMIT CONDITIONS, IF ANY (CHAPTER 32) EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES :ate and sPecify each instance. ~ ~ PRO~ECT: ADI~F~ AND NNI[ OF APPliCANT: JAMES E. FITZG~LD, JR., ~es  OADWATERS COVE ASS'N, INC. ~0. BOX 791 NOTIC elf et It is invol~ so tndt CE (p.o.l APPENDIX A fAF ENVIRO;JH~TAL ASSESSflE~ - PART I Pm~ect Inforeatton h This document is desioned to assist tn M~tntng ~e~r ~ action pm~s~ ~ ~ve a si~tflcint : on t~ envl~nt. Pl~ase c~le~ t~ entire ~ta S~t. ~sw~ to these q~stt~s vtll ~ cmstde~ 't of the ~plicatton for eap~val ~nd My ~ subjKt to furor verification lad p~ltc ~vf~. P~vt~ i~iti~41 ~nfo~ion ~u ~}teve will be m~ to c~let~ P~T$ ~ and 3. ~c~eo ~nat c~letiQn Of t~ ~F viii be de~nt on info, tin, cu~ently available 8~ wtll not ~ s~ies, resed~h or tnves~tqitt~. If tnfQ~tion ~utrl~ s~h additional ~rk ts ~ava~b}e. DESCRI TCHOGUE, NY 11935 [State) [Ztp) ~ A~ AIX~ESS OF MMER (If Different} BROADYATERS COVE ASSOCIATION, c/o JAMES E. FITZGERALDr JR.~ P.O. BOX 791 (Street) CUTCHOGUE, NY 11935 (P.O.) (State) (Ztp) ~NE~I~ONI: 516-734-7424 )TIO~ OF PR~ECT: (Briery descrt~ tlq)e ~ pmJKt or actt~) d; add open catwalk, floating docks DESCRIPTION INC. Pres Replace deteriorating bulk- (PLEASE CONPLETE EACH qUESTIMI -Indtcate N.A. if not applicable) (I I. 2. 3. hystcal setting of overall project, both develoned and undeveloped areas) GenereT character of the land: Generally untfone slepe ~% Generally u~even and rolltng or irregular · Suburbia ., ~rel ., Forest A~prextmate acreage: Presently After Completlo~ ( .5.res '~etland (F~s~ater or T~dal as net Arttcles 2~, :S or ~.C.L.) ~ acres Hater Surface Area Unvegetated (rock, earth or ft11) Roads, bfalldtnos and other Pevnd surfaces '~hat Other (tndlcate/3me) 9/1178 ' ~at ~s depth to bedrock? ~ (Tn ~t) Presently After CMiPletion 7. 8. g. 10. 11. gr~al Is p~ Plac~ De h~ ~oes endm 12. Is tt 14. Strea 15. Lake 16. ~t stag1 1. Physt a. Tot d. e. If h. If In¸ Ult i. If J. TO1 xinate percentaae of proposed project site with slooes: O-lr)% /~)'~: ln-15~ er %. %; 15~ or oject contiguous to, or contain a buildin~ or site listed on the National Register of Historic s? ~: Yes X No ' ts the depth to the water table? ? feet nting or fishing opportunities presently exist in the project area? Yes ~ No ~roject site contain any species of plant or eniml life that is identified ms thremtened ur ~red - Yes ~(~ :lo. according to - Identify each species here any unique or ~m)usual land for'ms on t.he project site? (i.e. cltffs, dunes, other geological tiwns- Yes y,~ No. (Describe m p?ject site presently used by the comm~Jnity or n~ighborhood ms an open space or recreation - ~, Yes NO. the present site offer or include scenic views or vistas known to be importlnt to the cmm~untty? . . .Yes NO ms within or contiguous to p~oject area: m of streim and r~ of river to w~ich it is tributary . , Ponds, Wetland items within or contiguous to project s~ei: Is the ~i~nt l~nd use ~d zoning clisstftcmtion within m 1/4 mile ridt~ of ~e project (e.g. fw1~ resi~ttgl, R-~) mn~ ~ stile of ~velo~nt (a.a. 2 story). ES~I~I~ mj~t lcrel~ ~vel~d: --~ic~s tntttmlly;-~ acres ulttmtely. ~J~t ic~J~ to r~in ~velo~d ~, ~ gth of pmJect, tn miles: . . . (if i~pri4te) p~j~t ts mn expansion of existing~indicate ~rcent of expansion p~sed: building sque~ f~t- i devalued acrea~ ~ ~ . ~r of o~f*st~t pa~ing spices existtn~ --~ ~ ; proposed :~- . t~ vehiculmr tri~s go,rated ~r hour ~ ~ (upon c~pletion of p~Ject) ~sidentiM: N~r and ty~ of ~using units: ~e Fmmily T~ F~ily ' ~ltiple F~ily C~ini~ timl ~ t~te Orientation :!eighborhood-~tty-Regional [sttmlted Emnloyment 9. 10. 11. 13, 14. 15. 16. 17. 18, lg, 20. 21. 22. How much natural material (i.e. rock, earth, etc.) will be removed from the site - ~)-- tons --(~ ~cubic yards. How many acres of veqetation (trees. shrubs, ground covers) will be reP~ved from site - Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes ~ .No · Are there any plans for re-vegetation to replace that removed during construction? Yes No If single phase ~roject: Anticipated period of construction~months, (includin§ deQolition). If multi-phased project: a. Total number of phases anticipated /~//~1o. , b. AnttciDated date of coem~encemeflt phase I /q~//~onth year (including demolitfon) c. Approximate cm~)letion date final phase /~/~ ~nth . year. d. Is phase 1 financially dependent on subsequent phases? ..___Y~s NO Will blasting occur during construction? Yes ~ No Number of jobs generated: during construction J ~ after project is com~lete-~." Number of Jobs eliminated by this project --(~ Wtll project require relocation of any projects or facilities? Yes ~ NO. Jf yes, explatn: a. Is surface or subsurface liquid waste disposal Involved? Yes b. If yes, indicate type of waste (sewage. industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged /~//~ Will surface area of existing lakesj/ponds, streams, bays or other surface waterways be increased or qecreased by proposal? Yes ~ No. Is project or any Oortton of project located in the 100 year flood plain? ~ Yes No a. Does project involve disposal of solid waste? Yes ~ No b. If yes, will an existing solid waste disnosal facility be used? /~/~Yes / c. If yes, give name: location d. Ui)) any wastes not go into a sewage disposal system or into a sanitary landfill? ~cYes Will project use herbicides or pestictdes~ Yes X~ No / Will project routinely produce odors (mere than one hour Der day)? Yes ~,~ No Will project produce operating noise exceeding the local ae/oience noise levels? Yes Will project result in an increase in energy use? No Yes '"~%, .No. If yes, indicate type(s) If water supply is fro~wells indicate Damning capacity ~ gals/minute. Total anticinated water usage per day __~-~ gals/day. ~6~~ Zoning: a. is o i ant zoning cia,sift, ion of sit,?__ b. Current soeclfic zoning classification of site -- I( ~ c. Is orooose~ use coqsistent with nresent zoning? '~- ----Y~)~"---' /' d. If no, indicate desired zoning ~ -3- Co b. Is any Federal permit required? Yes ~ No Does project involve State or Federal funding or financing? Local and Regionml approvals: Approval Required (Yes, No) (TyPe) ----Yes _/~.__Ho Submittal Approval (Date) (Date) , /"~Ctty, Town, Village DO~KI ~J (City, To, m, Village Planning Doa~d ~Ot~r )ocml agencies JOther ~gional agencies /State Ag~cies ~Fe~rml Ag~ctes Attlch any additional Informttlon es may be ~_tp clartfy your project. If there are or may be any · dve~e impacts associated vt~he propos~)~)~ll~ discuss such ~)clkl and tl~ ~easures which can be taken to mittgmCe or avoid ~hem.) _ -4- FAF ENVIRONMENTAL ASSESSMENT - PART II Project Impacts and Their Maqnitude Geleral Information {Read Carefully) n completing the form the reviewer should be guided by the question: Have my decisions and determinations een reasonable? The reviewer is not expected to be an expert environmental analyst. dentifying that an effect will be potentially large (column 2) does not mean that it is also necessarily i~nificant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an t'fect in column 2 simply asks that it be looked at further. he Exa~les provided are to assist the reviewer by showing types of effects and wherever possible the threshold f magnitude that would trigger a response in colurma 2. The examples are generally applicable throughout the tare and for most situations. But, for any specific project or site other examples and/or lower thresholds ay be more appropriate for a Potential Large Impact rating. m - E~ch project, on each site, in each locality, will vary. Therefore, the examples have been offered as guidance. l~ey do not constitute an exhaustive list of impacts and thresholds to answer each euestion. The number of examples per question does not indicate the importance of each question. INSIRUCTIONS {Read Carefully) a~ Answer each of the 18 questions in PART 2. Answer Ye~s if there will be any effect. Maybe answers should be considered as Ye__s answers. If answering Yes to a ouestton then check the appropriate box (column 1 or 2) to indicate the potential size of the imbact. If impact threshold equals or exceeds any example provided, check column 2. If d impact will occur but threshold is lower than example, check column 1. If reviewer has doubt about the size of the tmmact t))en consider the imnact as potentially large and proceed to PART 3. '' e If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in col~nn 3. A No response indicates that such a reduction is not possible. 1, &. ;)4ALL TO POTENTIAL P~N IMPACT BE MODEP~ATE LARGE REDUCED BY IMPACT IHPACT PROJECT CHANGE IMPACT ON LAND NO YES WIL, THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHA)(GE TO PRO I£CT SITE? Vi Exa ~les that Would Apply to Column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed )D%. Construction on Land where the depth to the water table is less than 3 feet. -- ronstruction of paved oarkinq are~ ?hr 1,?9q or more vehicles. C~nstruction on land where bedrock is exposed or generally withln J feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one nhase or stage. Excavation for mining purposes that would remove more than 1,O00 tons of natural material (i.e. rock or soil) per year. Construction of any new sanitary landfill. StIALL T~ PATENTIAL CAN IIIPACT BE ~DERATE LARGE ~EDUC£D DY 6. T¢ILL PRgJ£CT ALTEI; Dl)AINAGE FLQ", PATTEm'IS (lq SIll)FACE !lATER NO YES ~UNOFF? .................................................. O0 Examole that 'Jould ~ql)ly to Colurm 2 Pro~ect wnuld imnede f)ood water flows. ~ Y~S 7. HILL P~JECT AFFECT AIR QUALITY? ........................... ~ ~ ~xamples that Would Apply to Colu~ 2 Project will induce 1,Q~ or ~ vehicle tripi.tn any given Pmject will ~sult in the incineration of ~ than I ton million BTU's per hour. Other t~acts: IMPACT OH PLANTS AND ~IP&LS ~ YES WILL Pfi~ECT AFFECT ANY THREATENED O, END~GE~EO SPECIES? ~ ~ Examples that Would Apoly to Col~ 2 life ~qb~ ~C. ENDANqERED SPECIES~ ....................................... O0 -7- 14. I~PACT ON ENERGY ILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NERGY SUPPLY? ......................................... xamples that Would ApPly to Column 2 roject causing qreater than 5% increase in any form of nergy used in municipality. roject requiring the creation or extension of an energy ransmission or supply system to serve more than 50 sinqte two family residences, __ Other impacts: ILL IMPACT ON NOISE 15. W THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBRATION ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? .... ~j~ E~amples that t~ould Aooly to Column 2 vv B~asting within 1,500 feet of a hospital, school or other s~nsitive facility. SMALL TO POTENTIAL CAN IMPACT BE I~DERATE LAqGE REDUCED BY IMPACT IHPACT PROJECT CHANGE NO YES NO YES YFS tots will occur routinely (more than one hour per day). ~iect will Produce o~erating noise exceedino the )cal ambient noise levels for noise outside of structures. ~ject will remove natural barriers that would act as e )ise screen. __ O[her impacts: IMPACT DN HEALTH & HAZARDS 16. ill PROJECT AFFECT PUBLIC HEALTH AND SAFETY? ........... :amples that Would Apply to Column 2 "00 -oject will cause a risk of exolosion or release of hazardous Jbstances (i.e. oil, pesticides, chemicals, radiation, etc.) the event of accident or upset conditions, or there will a c~ronic )ow level discharge or emission. m __ P~oiect that will result in toe burial of "hazardous wastes" (l,e. toxic, poisonous, highly reactive, radioactive, irritating, i~fectlous, etc,, includino wastes that ere solid, semi-solid, ))quid or contain qases.) oraoe Facilities for one million or more ~allons of liouified rural gss or other liouids. INF INS1 Com~ 1. 2. EAF ENVIROD(MENTAL ASSESSMENT - PART III EVALUATI~);I OF THE IMPF)RTANCE OF IMPACTS )RMAT IOI,{ ~art 3 is prepared if one or more impact or effect is considered to be potentially )aroe. he amount of writinp necessary to answer Part 3 may be determined by answering the ouestion: In briefly ompleting the instructions below have I placed in this record sufficient information to indicate the easonableness of my decisions~ RUCTIONS lete the followinq for each impact or effect identified in Column 2 of Part 2: Briefly describe the impact. Describe {if applicable) how the iml~act might be mitigated or reduced to a less than large iMenact by a pro- ject change. Rased on the information available, decide if it ~s reesonahle to conclude that this innact is important to the minicipality (city, town or villaqe) in which the project is located. To answer the question of importance, consider: The probability of the impact or effect occurrinq The duration of the impact or effect Its irreversibility, including per~nently lost resources or values Whether the impact or effect can be control)cO - The regional consequence of the in, pact or effect Its potential divergence from local needs and goals Whether known objections to the project apply to this impact or effect. [ DETE~INATIQN PADT III OF SI~!IFICA~)CE An action is considered to be significant if: nne (or more) impact is determined to both lame and its (their) conseauence, based on the review above, is important. STATEMENTS (Continue on Attachments, as needed) -)l- BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 4, 1987 TELEPHONE (516) 765-1892 r. Robert A. Greene lternate Regional Permit Administrator ~ew York State Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 D~ar Mr. Greene: Transm£tted herewith is Wetland Application No. 510 s~bmitted by James E. ~itzgerald, Jr., Pres. on behalf of the Broadwaters Gove Association, Inc. Hf At We would like to coordinate with you in our role as ~ad Agency regarding this application. May we have your comments same by March 24, 19877 S:ip tachments Very truly yours, Henry P. Smith, President Board of Tow~ Trustees Commissioner Henry G. Williams, D.E.C., Albany / Southold Town Building Dept. BOARD OF TO'TN TR['STEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE I516) 765-1892 Date: March 4, 1987 TO WHOM IT MAY CONCERN: Attached hereto is a Long Environmental Assessment Form submitted by James E. Fitzgerald, Jr., President on behalf of the Broadwaters Cove Association, Inc. in connection with their application for a Wetland Permit to replace existing bulkheading, return, and bulkheaded catwalk; add approximately 20' of open catwalk; and to maintenance dredge docking area; add three floating docks with 4 finger docks. Property is located on the South side of the eastern end of Mason Drive, Cutcho~ue. Henry P. Smith, President ' Board of Town Trustees Posted: March 4, 1987 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O, Box 728 Southold, New York 11971 igtarch /4, 1987 TELEPHONE (5]~) 765-1892 Martin Garrell, Chairman outhold Town Conservation Advisory Council outhold Town Hall Slouthold, New York 11971 D~ar Mr. Garrell: Transmitted herewith is application no. 510 for ~lwetland permit submitted by James E. Fitzgerald, Jr., Pres., oadwaters Cove Association, Inc.. Please prepare a written report of findings r~commendations with respect to this application. At :tachment and Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board BOARD OF TOWN TRUSTEES i:='=:'-'= = = = ~)F SO£1TIIOI,D TOWN 53095 Main Road Pho,,e 765-1892 ~u/hold~ N. Y. 11971 q I ' ' BOARD OF TOWh- TRUS'rEES HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI. JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE (516) 765-1892 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT Date: April 29, i987 APPLICATION NO.: 510 NAME: JAMES E. FITZGERALD, JR. PRESIDENT FOR BROADWATERS COVE ASSOCIATION, INC. This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will ~t have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: UNLISTED DESCRIPTION OF ACTION: REPLACE EXISTING BULKHEADING, RETURN, AND REPLACE THREE EXISTING PILINGS BULKHEADED CATWALK: ADD APPROX. 20' OF OPEN CATWALK, MAINT. DREDGE DOCKING AREA: ADD THREE FLOATING DOCKS WITH 4 FINGERS. LOCATION OF PROJECT: Eastern end of Mason Drive, Cutchogue. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF. SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Sonthold, New York 11971 Date: March 4, 1987 '0 WHOM IT MAY CONCERN: Attached hereto is a Long Environmental Assessment Form submitted y James E. Fitzgerald, Jr., President on behalf of the Broadwaters .ove Association, Inc. in connection with their application for a ~etland Permit to replace existing bulkheading, return, and bulkheaded atwalk; add approximately 20' o,~ open catwalk; and to maintenance dredge ocking area; add three floating docks with 4 finger docks. Property is ocated on the South side of the eastern end of Mason Drive~e. Henry P. Smith, President ' Board of Town Trustees osted: March 4, 1987 ef~ as invo AOI (P DE~ 9/] ~PPENDIX'A FAF ENVIRO;IMEITrA[ ASSESSMENT ~ PART I Project Information CE: This document is designed to assist in determining whether the mci,on proposed may have a significant eot on the environment. Please complete the entire Oate Sheet. Answers to these questions will be considered umrt of the application for aoproval and may be subject to further verification end public review. Provide additional information you believe will be needed to comolete PARTS 2 and 3. expected that comolotion of the FAF will be dependent on information currently available and will not ye new studles, research or invesciqatto~. If information requirino such additional work is unavailable, ~dtcate and s~ectfy each instance. ' OF PROJECT: ~ME AND ADDRESS Of O~ER (If Different} BROADWATERS COVE ASSOCIATION, INC. c/o JAMES E. FITZGERALD~ JR.~ Pres ~Name} P.O. BOX 791 aESS ANO NAItE OF APPLICANT: (Street) JAMES E. FITZGERALD, JR., Pres CUTCHOGUE, NY 11935 BROADWATERS COVE ASS'N, INC. ~ (State) P.O. BOX 791 BU~NESS PHONE: 516-734-7424 (Zip) feet} CUTCHOGUE, NY 11935 0.) - (State) (Zip) :RIPTION OF PROJECT' (Briefly describe type of project or action) Replace deteriorating bulk- ead; add open catwalk, floating docks (PLEASE COf~PLETE EACH QUESTIhN - Indicate N.A. if not applicable) SITE DESCRIPTION (Physical setting of overall project, both develon~d and undeveloped areas) I. General character af the land: Generally uniform slope X. Generally uneven and rolling or irregular ~. Present land use: Urban . Zndu~trtal . Comnerotsl . Suburban · Agriculture ,'T~r 3. Total acreage of oroject m~a: ~ ac~s. Aoproxt~te acreage: Presently After Co~letton ~ad~ or Brushland ~.~acres ~,~ acres .aCer Surface Area Forested ~ acres ~ acres Unvegetated (~ck, earth or fill) A~ricultural ~ acres ~ acres Roads, butldinQs ,letland (Freshwater or and other paved Tidal ~s nar Articles surfaces 24. 25 or F.C.L.) ~ acres ~acres Other (indicate t~e) 4. t. ',~at ~s deoth to bedrock? -~--- /~8 ., Rural .. Forest Presently After Completion --acres _~_ac~s ~ acres ~ acres g. ]0. HOW much na~ura) material (i.e. rock, earth', etc.).will be removed from the site - ~O~ tons --~cubic yards. How many acres of vegetation (trees, shrubs, ground covers) will be rmmoved from site -'~)'~acres. Will any mature forest (over lO0 years old) or other locally-important vegetation be removed by this pro.iect~ Yes ~ NO durin~ Are there any plans for re-vegetation to replace that removed construction?/~.~ Yes No If single phase project: Anticipated period of construction~ months, (includinFdemolition). If multi-phased project: a. Total number 9f phases anticipated /~//~o. b. Antici6ated date of cor~nencement phase~l/~/~U~onth year (including demolition) / completion date final phase /~.//~ month Approximate year. d. Is phase 1 ~tnancially dependent on subsequent phases? Y~S __NO Hill blasting occur during construction? Yes X No Number of jobs generated: during construction 3 ; after project is complete'n~.'- Number of jobs eliminated by this pro~ect --(~ ~ Will project require relocation of any projects or facilities? Yes ~ No. If yes, explain: a. Is surface or subsurface liquid waste disposal involved? __Yes /~ No. b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be/discharged /~//A Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes ~,~ No. Is project or any portion of project located in the 100 year flood plain? Yes No a. Does project involve disposal of solid waste? Yes ~t NO b. If yes, will an existing solid waste disposal facility be used? /A~//~Yes No c. If yes, give name: /~/~ : location /-- d. !/ill any wastes not go into a sewage disoosal system or into a sanitary landfill? es No Will project use herbicides or pesticides~ Yes ~ No Will project routinely produce odors (more than one ~our per day)? __Yes ~(. NO Will project produce operating noise exceeding the local ambience noise levels? Yes / 7. 8. g. Will project result in an increase in energ9 use? !f water supply is from wells indicate Dumping capacity ~ gals/minute. Total antic~nated water usage per day __~.gals/day. /~k~,. Zoning: a. ,.,hat is dominant zoning classification of site?__ b. Current specific zoning classification of site c. Is orouoseu use coqsistent .ith oresent zoning? d. If no. indicate desired zoning ___~../~ ....... EAF ENVIRONMENTAL ASSESSMENT - PART II Project Impacts and Their Magnitude )neral Information {Read Carefully) In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. Identifying that an effect will be potentially large (column 2} does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an effect in column 2 simply asks that it be looked at further. The ~ provided are to assist the reviewer by showing types of effects and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be more appropriate for a Potential Large Impact rating. Each project, on each site, in each locality, will vary. Therefore, the examples have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. ~STRUCTIONS (Read Carefully) b. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. Maybe answers should be considered as Yes answers. If answering Yes to a ouestion then check the appropriate box (column I or 2) to indicate the potential size of the imbact. If impact thresho]d equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. If reviewer has doubt about the size of the impact ~ben consider the trnoact as potentially large and proceed to PART 3. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. IMPACT ON LAND ILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO ~OJECT SITE? NO YES ©0 SMALL TO POTENTIAL ' CAN IHPACT BE MODERATE LARGE REDUCED BY IMPACT I~PACT PROdECT CHANGE xamples that Would Aoply to Colum~m 2 -- Any construction on slopes of 15% or greater, {15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on Land where the depth to the water table is less than 3 feet. -- ronstruction of oared Darkinq are. Fnr 1,71~ or mnre vehicles. C~mstruction on land where bedrock is exnosed or generally within J feet of ex~st~ng ground surface. Construction that will continue for more than 1 year or involve Excavation for mining purposes t~at would remove more than ),000 -5- '~ILL PROJECT ALTER DRAINAGE FLQu, PATTED'IS OR SURFACE HATER NO RUNOFF? .... O0 Project ~s likely to cause substantial erosion. Proiect is incompatible with existing drainage patterns. Other impacts: [~PACT ON AIR :.~ILL PROJECT AFFECT AIR QUALITY? ................... Fxamp)es that I-tould Apoly to Colu~ 2 NO YES YES Project will induce 1,OqO or more vehtcle trips.in any gtven hour. Project will result in the incineration oCmore than 1 ton ef refuse per hour. P~oJect emission rate of a)) contaminants will exceed 5 lbs. Der hour or a heat source nroductng more than lO million BTU's per hour. IMPACT ON PLANTS AND ANIP~LS Other tmoacts: 8, WILL PROJECT AFFECT ANY THREATENED OR ENDANGEREO SPECIES? Examples that Would Apoly to Colum g Reduction of one or more species listed on the New York or Federal list, using the site. over or near site or Removal of any oortion of a critical or siqniftcant ~ild- life hab~CJC. ~ILL Ti' PATENTIAL I CAN IfIPACT DE ~)OERATE LARGE! REDUCED 8Y 9. !(ILL PROJECT SUBSTA;ITIALLY AFFECT EON-THREATE;(EQ OR NO YES O0¸ NO YES ENDANqE~ED SPECIES? ....................................... 0 0 Examole that Would Apply to Column 2 -7- 1 2. 5MALL TO PQTENTIAL CAi~ IMPACT BE '~ODERATE LARGE REDUCED BY IMPACT I'IPACT PROJECT CHANGE IMPACT ON ENERGY 1A.I WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL DR NO YES Examnles that Would ~pDly to Column 2 Project causing Qreater than 5% increase in a~y form of energy used in municipality, Project requiring the creation or extension of an energy transmission or supply §ystem to serve more than 50 sinqle or two family residences. Other impacts: IMPACT ON NOISE 15. WILL THERE BE OBJECTIANABLE ODORS, NOISE, GLARE, VIB~TI~)N NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? .... Examples that ¥/ould Aooly to C01Um 2 Blasting within 1,5~D feet of ~ hospitnl, school or other sensitive facility. Odors will occur mutinely (~re than one hou~ per d~y). P~ect will produce operating noise exceedinm the local ambien~ noise levels for noise outside of s~ructures. noise screen. IMPACT OR HEALTH & HAZARD~ fJO YFS 16. HILL Pfl0JECT AFFECT PUBLIC HEALTH AND SAF~Y? ............. Exam~ es that Would ~pply to Column 2 Pr~]ec~ will cause a risk of exglosion or release of hazardous ~ substances (i.e. oil, pesticides, chemicals, r~diation, e~c,) he a chronic low level discharge or emission. Proiect that wi]] resul~ in the burial of "hazardous wastes" n E~F EIIVIROUMENTAL ASSESSMENT - PART III EVALiJATI(I~I~OF THE I,~P~II~TANCE OF IMPACTS I~IFOR~TIn~ Part 3 is prepared if one er more impact or effect is considered to be poLentially larae. The amount of writina necessary to answer Part ) may be determined by answering the question: In briefly comp]eting the instructions below have I placed in this record sufficient information to indicate the reasonableness of ~v decisions? INSTRUCTIO)iS t om~lete the followinq fo/ ~ach impact or effect identiffed in Column 2 of Part 2: Briefly describe the impact. Describe (if apolicable) how the impact m(gn~ be mitigated or reduced to a less than large tmnact by a pro- ject change. Based on the infor~ation available, decide if it is reasonable [o conclude that this imnact is jmOortant to the minicipa)ity (city, town or villaqe) in which the project is located. To answer the question of importance, consider: The probability of the impact or effect occurKinq The duration of the impact or effect Its. irreversibility, includinq per. neatly )est resources or values Whether the impact or effect can be controlled The regional consequence of the im~ect OK effect Its potential divergence from )ocal'needs and goals Whether known objections to the project apoly tc this imf)act or effect. _1 L DfTERI~INATIQN OF P~PT SI~!IFICA~ICE An action is considered to be significan~ if: Qne (or more) imoact is determined to both large and its (their) conseauence, based on the revi~ above, is important. III STATEMENTS (Continue on Attachments, as needed)