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Home My WebLink About1000-57.-1-38.3 (3) -- ~~ ., c,~ ~'... r/t-1I.L,t w.(-: .- , . . \ Town HaU, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 TELEPHONE (516) 765.1931 :-~I''l':':ftl r ,f,,';l. ~",,~.J ")~I PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Howard Zehner 1670 Sage Blvd. Greenport, NY 1+944 September 15, 1988 fn)rnoornowrn~ U\1 OCT I 8 1991 ~ RE: Dear Mr. Zehner: The fOllowing action was taken by the Southold Town Planning Beard on Monday, September 12, 1988. RESOLVED that the Southold Town Planning Board ~; Dlan, survey dated March 23, 1988, for Young'S Sect to the following conditions: . --l _ The final Certificate of Occupancy will nQt be until the fallowing have been met: - I. The drainage system has been determined to be working correctly. (During construction, should a conflict arise between the location of the existing sanitary leaChing basin and the proposed drainage for drainage area 12, the drainage system must be modified in accordance with the Town Engineer's recommendations, as approved by the Planning Board.) a~rove the Mar1na granted 2. A supplemental landscape plan has been submitted which shows a double staggered row of Hetz junipers (Juniperus Hetzi Glauca) planted 4 feet o.c., and a series of clustered red cedars, between four a~six feet in height, within the juniper border. The - plantings are to be placed between the parking area and the surface waters of the marina and the bay~ (The drainage system shall lie between the bumper logs of the parking area and these plantings.) . '\> ~\.'. ~. "~ ~ u \. , ~\:.. - -, . If you have any questions, please do not hesitate to contact this office. jt .~.... ~. '2-. . . '. TI(/ IREOUlREMENTS , \li " , J. U A..) \~ . .") .' " ......~I.U... - '-'li I j'"J ~ I 1-4 -' d }'OR SITE PLAN ELEl4EN'fS [, CEH'l'IFICNl'lOtI "'-v SECTION-BLOCK-LOT TAX MAP NU~IDEnS NAME & ADDRESS OF OWNER OF RECORD 001 ~ 0 WI rn i.rn1,.~ SEP - 6 19E1S ~ "v . NAME [, ADDRESS OF PERSON PREPARING MAP 1 ----I SOUTW" ::r- ,':1 '" ; DATE, NORTH POINT AND ImITTEN [, GRJ\PIIIC scr.LE PLANNli~(i'.i\:iD : 'DESCRIPTION OF PROPERTY [, INFOro.l1\'l'ION TO DEFINE DOUNlJfdUJ::; II ~ :', LOCATIONS, NAMES & EX.:rSTING I'lID'l'IlS OF J\DJJ\CEN'l' S'fHEE'l'S " (UIWS I . - , - 1.1 LOCATION.,' .OWNERS OF lu.L ADJOINING LJ\NDS, AS SHOWN 0:, TAX m:COiW!; - II LOCATION.' PURPOSE OF J\LL EXISTING AND PROPOSED ]';J\SEI1Etl'I'S I i COMPLETE OUTLINE OF EXISTING DEED RESTRIC'l'lONS f.r'l'LYUIG '1'0 PI'OI'L1,TY 'v ilEXISTING ZONING - !: AREAS SUBJECT TO FLOODING on S'l'OR!1 Wl\'l'EH OVEHI'UM:; Ii "v 111'lATER COURSES, MARSHES, WOODED J\HEl\S, '!'nEBS 8" HI DIi\11J';TEI< OJ< 11(Jln: '" i !ANY BUILDING WI'rllIN 100 I OF PHOPERTY > I '" ; i PAVED AREl\S, SIDEi'lALIW, VEHICULl\R l\CCE~:S TU PUBI.IC S'I'f<Fl:'I':: , I '" ': EXISTING SEWERS, CULVERTS, ~iATERLINEf; WITHIN UH I\lJJl\CEN'l' '1'(; 1'1'>/1' 1':1<'I'Y i,IFENCING LANDSCAPING AND SCREENING - I PROPOSED BUILDINGS OR STRUCTUR/,L IMPROVgm;Wl'S '--.., " OF~. STR.-~!'!:r_ PARKING AND LOADING AREAS I - 'OU1'DOOR LIGHTING on PUBLIC ADDHESS SYSTEMS ~ I I OUTDOOR' SIGNS - I I 11239K SIDEI'lALKS LOCATIONS WID'I'IIS: SIZE l)lo' ~lA'l'BH fiND SEl'IE!\ J.lrJr.s CD II ''''''-!~;'j .~ ~ ;2 ?~:~....:... ~"<l4iL. ,'" II" (i Q.. \ ',"' , '" ,-' ..... ~-. I . ^ . . ,~ ,."~ ~~ -~~~. N~ .L:4.,,';F~.1 .i:....1 t..r1r+) \k.4. -w~ .,LJ41)1.'~~"~~ (~\:I~\..q)~-';'.M~~J_. +U(W~~;J bud;.-A':"" 'f,L..'_i~~.t... i~r; .i,. J. .~- ~-..II' _ Ii}. _ _....; 'r 1, - _ ,~ " f ;J~.J...I4..;',--.}""';""(d ~t...if'~C('fl)f"'-4...1.A..J ~ Jlu:"(.-;.,., '~.~.I:II':1,_~.:' ':--vJ.~~ \!-~.:i-~ ~T.:J L"\t,, -::-.1.~~u r-. ~,\.-..,."~f~ J J ,,-;--: .'.. ,', t ... ~.} '''-~oo..t..'Il..J:'''' C /'. >, >,.. ,,'\./).....,., __ .. ,I ~',........... .."""'(...~ .._I !'.", ';J"'\.l,l.~~l,L i' 'v\...l.".h _''-' ", '_.... ....-...... I;', ,:u ,.:..0 ~\ ~J,""~-i l::";:~/)\ '7 h.J4V.... r.~1..o i ~~ti._ . 'I \1 ". '1 i V _ ..~ \--.:d.) ,~.."-..",.... ._" i~ .., .il" .," -.,' . I "j \ J...);,......... LV\..,/t.o(...c;.,,-~...:L ~ I _ . t I I:t.~~~,~~ " ,"".~.'''!1 I '. I . ql~',O '6 '.....,~ ~,~ ':~ .t.~ ~d t. II.....' '. ~l,,,n -t"", - '. I) ![ "," ~,.:...~( "0"...J Qjht'1) 1 1'., .!-~ J, ~ ;$....~....t;:;!r. '2.Il~.... i. ' , ~ \. PLANNING BOARD MEMBERS Bennell Orlowski; Ir.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 AUgust 1, 1990 Christopher Kelley Twomey, Latham, Shea & Kelley 33 West Second Street P.O. Box 398 Riverhead, New York 11901 RE: Young's Marina Lawsuit (Weismann Flynn vs. Zoning Board of Appeals) SCTM#1000-57-1-38.3 Dear Mr. Kelley: This is to let you know that your letter regarding the court decision on Young's Marina has been forwarded to the Zoning Board of Appeals. The letter was addressed to the Planning Board instead of the Zoning Board. Very truly yours, ~~, fv/~ Bennett Orlowski, Jr. Chairman . r PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards .... scon L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: Gerard P. G6ehringer, Chairman Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner ~ Litigation on Young's Marina SCTMi1000-57-1-38.3 RE: DATE: JUly 27, 1990 As per my conversation with Harvey Arnoff, I am forwarding the enclosed correspondence to you. The decision affects your Board, not the Planning Board. Encl. <,il.o..;-.~;. . . THOMAS A. TWOMEY, JR. STEPHEN B. LATHAM JOHN F. SHEA. III CHRISTOPHER D. KELLEY LAWRENCE M. STORM * MAUREEN T. L1CCIQNE DAVID M. DUBIN (> P. EDWARD REALE ~tF,{.t;' TWOMEY, LATHAM, SHEA & KELLEY :5)/fff ATTORNEYS AT LAW ,'J6 33 WEST SECOND STREET P.O. BOX 398 RIVERHEAD, NEW YORK 11901 518-727-2180 TELEFAX; 516-727-1767 9 NORTH MAIN STREET EAST HAMPTON, N.Y. 11937 518-324-1200 PETER M. MOTT t HERMON J. BISHOP LISA C. KOMBRINK MARY C. CRONIN July 17, 1990 . NY, CT 6. FL BARS (>NY 6. LA BARS t NY& MO BAAS Mr. Bennett Orlowski, Jr. Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: YOlln9'~ MRrina Dear Mr. Orlowski and Members of the Board: This office represents Henry Weismann and Frank Flynn. As you are probably aware, Mr. Weismann and Mr. Flynn were recently successful in Supreme Court in obtaining decisions overturning the Planning Board, Zoning Board of Appeals and Town Trustee permits on the above application. The court remanded to your board the determination under challenge for further review pursuant to SEQRA. My clients continue to be concerned and interested in this application, and request that you notify this office when the matter next appears on your agenda or is scheduled for a public hearing. CK: js Enclosure cc: Mr. Henry cc: Mr. Frank Weismann Flynn iJl1J.0 !D)f-@ rn 0 W I fill ULi JUL 231900 -.......,._.,~ r_~ l..~.< 1_." . . . ., .. ,. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------~---X HENRY WEISMANN and FRANK FLYNN, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, NOTICF. OF SF.TTI.F.MF.NT -against- BENNETT ORLOWSKI, Chairman, WILLIAM MILLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board, Index No. 88-17086 Respondents, HOWARD ZEHNER and DOROTHY ZEHNER, Intevenors. ------------------------------------x C 0 U N S E L : PLEASE TAKE NOTICE that a jUdgment, of which the within is a true copy, 'will be presented for settlement to the Honorable Daniel F. Luciano, one of the judges of the within named court at the Courthouse, Griffing Avenue, Riverhead, New York, on the 22nd day of June, 1990 at 9:30 o'clock in the forenoon of that day. Dated: Riverhead, New York June 12, 1990 TWOMEY, LATHAM, ,SHEA, & KELLEY Attorneys for'Petitioners 33 West Second Street, P.O. Box 398 Riverhead, New York 11901 (516) 727-2180 TO: Town Attorney Town of Southold Attorney for Respondents 53095 Main Road P .0. Box 11 7 9 Southo1d, NY 11971 \: t;, Anthony Tohil1, Esq. Attorney for Intervenors 12 First Street P.O. Box 1330 Riverhead, NY 11901 JUt. 2 4 \990 . .' At an IAS Part X of the Supreme Court of the State of New York, held in and for the County of Suffolk, at the Courthouse, Griffing Avenue, Riverhead, New .York, on the day of June, 1990. PRE S E NT: HON. DANIEL F. LUCIANO, Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------X HENRY WEISMANN and FRANK FLYNN, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, .JUDGMENT -against- BENNETT ORLOWSKI, Chairman, WILLIAM MILLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board, Index No. 88-17086 Respondents, HOWARD ZEHNER and DOROTHY ZEHNER, Intevenors. ------------------------------------X A proceeding under Article 78 of the Civil Practice Law and Rules having been brought by the petitioners seeking a judgment annulling a determination by the Town of Southold Planning Board granting the intervenors' application for site plan approval dated September 12, 1988, and said proceeding . .' having corne on before me on December 19, 1988, and upon . reading' and filing of the petition of Henry Weismann and Frank Flynn, petitioners, verified the 12th day of October, 1988, respondents I answer dated the 17th day of November, 1988, and the Court having granted the motion to intervene by intervenors by decision dated March 6, 1989 and having read and filed the answer of intervenors dated November 15, 1988, the petitioners' memorandum of law dated December 16, 1988, intervenors' memorandum of law dated March 27, 1989, petitioners I reply memorandum of law dated April 17, 1989, and all the papers and proceedings heretofore had herein; and the Court having reviewed the record herein and heard oral argument of the parties on December 6, 1989, and after due deliberation thereon, the Court having rendered a memorandum decision dated May 18, 1990 granting the petition on the merits and remanding the rnatter to the respondent Planning Board for action consistent with the opinion, NOW, on motion of Christopher Kelley, Esq" attorney for petitioners, it is ORDERED, ADJUDGED AND DECREED that the petition of Henry Weismann and Frank Flynn be and the same is hereby granted; and it is further ORDERED, ADJUDGED AND DECREED that the Planning Board did not provide the requisite reasoned elabOration demonstrating that it identified the potential environmental impacts, looked and them in detail and determined that they 2 . . were without environmental significance, and the matter is remanded to the Planning Board and the action shall not be again taken under review until after a proper. and fully coordinated environmental assessment of the entire proposed marina expansion has been concluded in accordance with SEQRA; and it is further ORDERED, ADJUDGED AND DECREED that petitioners are granted costs against the respondent Planning Board of the Town of Southold, Town Hall, Main Road, Southold, New York, in the amount of $ in accordance with the bill of costs annexed hereto. E N T E R J.S.C. 3 ~ A .~6-BW.t Cc.ta (.... CPLa....... , SUPREME . COURT . COUNTY OF SUFFOLK HENRY WEISMANN and FRANK FLYNN, for a Judgment Pursuant to Article 78 of the CPLR. , pl4Uui8(.j .!oak Coon. c...,....., It,. 0" J\.ILIU."'''I:III.. .,NC.:L.... .LANK ~U.LI."r..~ . IruI." No. 88-17086. /lfaWI BENNETT ORLOWSKI, Chairman, WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board C:OJtlJ of Petitioners DejemulfIl(.j / 200 00 · 100 00 CoN. before DOle of i..ue...................... CPLa '1111 laW. 1 CollI .her note of i..ue........................ CPLa lUll ..... 1 Trial ., _...................................... CPLa _I ..... I ~ A...._ ~ ...1................................ ACWi..:.~=<;:.~!........................ CPL. .....(1) M_ _........................................ CPLa .- Appeal 10 App. Diy. or App. Term bt-foft .',UIDt'Dl cr.... IUN euW. 1 Appeal 10 App. Div. or App. Term for upmenl CPLa 11101 nW. I A-.J 10 Cou" 01 Ap....l. lief.. UlUmeat 0La ..... _ 1 A~.. Cou" 0/ Ap....l. ... "~""I 0La__1 . ,I I' I C()~TS ..............h........ 20 00 j: 2ld 412 !16 :~ . Dlnl'''H!otE~TS TOTAL I ii Fee for iDdes Dumber CPLR ,10tl(al .... ..._____n___u__._..._ i Releree'. 1- CPLB 'IMI(.)I._____.....___.._._ Cammiuiooer', COIIIpeaMIioB CPLR 11101(.)1______ am'. ..... ~.... of -.4. or.1IodL Cl'LIII"'(o) .....(.111 . I Clerk'. 'ee _1...1ice 0' peod. CPLa ....1l.'!J____ Ealeriac aod dock.lift, i~1 CPLB '1101('17 /1'10(.)._ Poid 'or oeareIoe. CPLa _1(.)11 S Al&daYill' ",bowled_" CPLa ,...._.__...___.__.._ SeniD, COP)" tummons &: compl.int CPLR tlOl1{e)1 18301(dl_ N~ of itsu~ CPLR 11020(&)_____. P.id ra-ee9, ftport CPLR 1.,01(&)12.._......_...___._.___ CeniW copiea 0' pepen CPLa '11'1(.)4 ".'___'_ Sallol.etloa piece CPLa '_('1'1011_ T_ICri.... aad &Iiq CPLa _,____...______ CooliIed .." 01 i-.-,.I CPLa ....1___ ....... CPLII .... "10 I.., ... CPLa .-c.I' ~pIoen' 1_ CPLII'_ ....'-___.__._....__ ~. ... .. -II. CPLa '"U(.I lUII- 50 63 00 48 66 l. .....~_i1aa- PaIi ....... _ CPLII"'(,"__ PaIeI Jlriatiac .... CPLa _11.11 c.n.'. .... c...n 0' A....... CPLa ,not ('111.._. Poid __ .1 pepen CPLII,IOII(.lf___ If..... '" _ CPLa _1..1 rea lor publication CPLR 181011&13 Serving ..ubpotona CPLR 180n(cllIS~('1 dl P.1id f(., Rt'~iHt'r'!- St-.rch CPLR. tn~:'II- 10 (Hunl\ Clf"rl\St:aTch _.- " L"J;n Climnli~~iunt'r'~ ~t..fI l. Ii .. l'.$. ni~lri{ I C{ltltl Sf'.OIfCh P.~ Cll. UJt C'urt S'.'ar. i. Tu St'atl"h _........ u___. .. Rd~H'f"!o Rf'porl._ ._.,____ Attendance of '\1;'ilneun: CPLR 1800Ua)(b)(cl 11101(1)1.__ I: II_J___ ----------..---..... "---.-- ----- 212 116 '-0 .. _____ tr .... . 2.il .. Ii ~ , ..: ~ !!,'lP'll .r;. .. . 0 ~ .. ".., .... II: C .. " ~ .,,~ ~1 a- i C' . :;- ~ " l Q. :" ., - "'l c..~ c... - - , ~j - :: 50 :.. ~ri~~ :;::' " C 50 ti' ~ :( " 3' ~ t.; - -. 'I. 'C' i; -< ~ ~.~ ~ , :I '.. .. , . !~ .. . . 3 ! = . 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' " ;., tl~.l'! .1\1'1.1 -lU.lIU.l;JTHj-ti' flit"::.,;,; ':''1: 11':;1 ;l.:"lkr' !,.,qi:U.' '''''!f "::1 It; S.laU014"J:4;3d .-'1;i J",: Pl"-':'; l" I' Aallax ~ ea4S 'we4.e1 'AawO~L JO W~lJ ~el a4. JO ~aqwaw e " .:> I! l r~:: .... '. '''' .; ll'. fl.: ('. r;,;: ",.; i " ...-. ,~~, :: T 1,;:- "j. ',::: ."... " ',; \}",}J Li:l \- '. \ 'j.... ~J('.1.J \" 'l1onns y, \l"'-Y,:) ")I;;\, "\_~ "\ . . MEMORANDUM SUPREME COURT. SUFFOLK COUNTY HENRY WEISMANN and FRANK FLYNN. Petitioners, for a Judgment Pursuant to Article: 78 of the Civil Practice Law and Rules, -against- BENNETT ORLOWSKI, Chairman, WILLIAM MULLEN, RICHARD LATHAM. RICHARD WARD, and KENNETH EDWARDS,: constituting the Town of Southold Planning Board, RP.sooTldents. I TWOMEY. LATHAM, SHEA & KELLEY, ~ Attorneys for Petitioners 33 West Second Street Post Office Box 398 Riverhead. New York 11901 ESQS. IAS PART X BY: DANIEL F. LUCIANO, J.S.C. ~/~ INDEX NO. 88/17086 MOTION DATE 11/18/88 CDISPSJ DATED 1990 OFFICE OF TOWN ATTORNEY For Respondents 53095 Main Road Post Office Box 1179 Southold, New York 11971 This is one of several Article 78 proceedings by which the petitioners. Henry Weismann and Frank Flynn. have undertaken to have the Court review, annul and set aside actions by, intAr ~. the Board of Appeals of the Town of Southold, the Board of Southold Town Trustees and Town of Southold Planning Board. which have furthered the proposed expansion of Young~s Boatyard and Marina (hereafter Young's Marina).* Similar arguments have been raised in the proceeding against the said Board of Trustees (Henry Weismann and Frank Flynn. Petitioners, for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules -against- John M. Bredemeyer. III. President, Henry P. Smith-. J.ohn Bednoski-, Jr., Alfred Krupski, constituting -the Bc.ard of SOllthold Town Trustees, Respondents. - Howard Zehner bnd Dorothy Zehner, Intervenors. Index No. 88/4911) and the said Planning BObrd. The said eoard cif Trustees has ~ranted a wetlands permit pursuant to Chapter 97 of the Southold Town Code. The said Planning Board has given site plan approval. In both instances the petitioners, Henry Weismann and Frank Flynn. allege failure to comply with the State Environmental Quality Review Act (SEQRA) (Environmentai Conservation Law section 8-0101 et. eeq.). In the petition in the proceeding challenging the Planning Board's actions the petitioners, Henry Weismann and Frank Flynn. * Whether the site plan approval which the Court has herein been Asked to review has been rendered moot by the subsequent adoption of ew Master Plan for the Town of Southold is not an issue before the rt herein. . PAGE Z - WEISMANNV. ORLOWSKI .. INDEX NO. 88/17086 indicate that "[b]ecause both the Trustees permit and the Planning Board site plan challenged herein are based on the same inadequate environmental review, claims for relief "First", "Second", and "Third" stated- herein are identical to claims "Second", "Third" and Fourth" in that related proceeding [against the Board of Trustees]." It is indicated in the petition in this proceeding brought against the respondent, Planning Board, that both the Board of Trustees and the Planning Board declared themselves lead agency for purposes of SEQRA review. That declaration was challenged in a separate proceeding entitled Zehner v. Orlowski, et al. (Index No. 88/9172), but since that proceeding was discontinued, as evidenced by this Court's order dated January 27, 1989, the question of lead agency status may have been resolved. Properly there should be only one lead agency and if a question remains as to which agency should so act the question can be resolved by the Commissioner of Environmental Conservation pursuant to section 8-0111(6) of the Environmental Conservation Law. With respect to the actions of the respondent Planning Board. the petitioners, Henry Weismann and Frank Flynn, have asserted six grounds for vacating the subject site plan approval. The first asserted ground for vacating the subject site plan approval is the alleged failure of the respondent, Planning Board, to take a "hard look" at the environmental significance of the action and failing to require the preparation of a draft environmental impact statement. In response to this contention it is noted in the affidavit of the Chairman of the respondent, Planning Board, Bennett Orlowski. that with respect to the issue of site plan approval the respondent's, Planning Board, "review was limited to parking and drainage requirements" and that the respondent, Planning Board. "took a 'hard look' at the portion of the project before it and issued a negative declaration thereafter." The subject environmental aesessment form, however, was applicable to the entire project, thus clearly demonstrating the need for a single lead agency. Moreove~. even if the issue were limited to the impact of parking and drainag", facilities there could be environmental significance. (5.e..e. Inland Vale F~rm Co. v. Stergi~noooulas. 65 N.Y.2d 718, aff'g, 104 A.D.2d 395.) . While it seems clear that the aspect of the marina expansion project subject to review and appeal by the respondent. Planning Board, is not the primary area of environmental concern, it also is apparent that the respondent. Planning Board, did not provide the requisite reasoned elaboration (~, ~, ~~~~~~~~ton Association. Inc v. Planning Board of the Village of So n, 109 A.D.2d 204) demonstrating that it identified the potential environmental impacts. looked at them in detail and determined they were without environmental significance, This conclusion is the same whether the respondent, Planning Board, undertook to determine the environmental significance of parking and drainage only or the entire marina . PAGE 3 - WEISMANN V. ORLOWSKI . INDEX NO. 88/17086 expansion project. Thus, the matter of the site plan approval must be remanded to the responclent, Planning Board, and shall not be again taken under review until after a proper and fully coordinated environmental assessment of the entire proposed marina expansion has been completed in accordance with SEQRA. As noted in the decision issued herewith in the proceeding brought against the Board of Trustees it may well be that an adequate environmental assessment has, in fact, been made by the Board of Trustees by virtue of its examination of the earlier, larger marina expansion proposal. Accordingly, acting as lead agency the Board of Trustees may be able to expedite the remaining SEQRA requirements by articulating what may be its justifiable finding of no environmental significance with respect to the present proposal. The second ground for seeking to vacate the subject site plan approval is, as discussed in the accompanying proceeding brought against the Town of Southold Board of Trustees is the failure of the respondent, Planning Board, to have itself prepared the subject environmental, assessment form. While the form should be completely filled out and considered by the lead agency the Court concludes here. as it did in the accompanying proceeding brought against the Board of Trustees, that a lead agency may require the applicant to prepare the environmental assessment form. (E.F S Ventures Corn. v. Foster, 71 N.Y.2d 359, 372.) Also, as was concluded in the proceeding brought against the Board of Trustees, the Court cannot grant the requested relief based upon the third asserted ground for vacating the respondent's, Planning Board, action which is .that the respondent, Planning Board, erred in concluding that the project was without environmental significance. Thus, although it is asserted that the negative declaration was substantively incorrect, at this time the Court declines to make a determination of the significance of the environmental impact of the proposed project since such review should follow the articulation of the reasons purporting to support the negative declaration. The fourth claim for relief is. that the subject plan to expand the marina violated the Southold Zoning Ordinance. As observed in the opinion in the proceeding brought against the Board of Trustees, however, the Court has been informed of a change of zone from a C-Light Industrial Zone to an M-1 General Multiple Residence Zone. Thus, the claim of a violation of the Zoning Ordinance is rejected as moot. Also as noted in the decision in the proceeding against the Board of Trustees, this zoning issue is properly for consideration by the Board of Appeals. The fifth asserted claim for relief is that the subject site plan approval was granted in violation of section 280-a of the Town Law. As noted in the opinion issued in the proceeding brought . .. PAGE 4 - WEISMAN V. ORLClWSKI INDEX NO. 88/17086 against the Board of Trustees, section 280-a involves the requirements for issuance of a building permit. (~~, Brous v. Smith. ~04 N.Y. 164.) Thus. its possible violation is not a basis for challenging the site plan approval given by the respondent, Planning Board. The sixth claim for relief herein is the same as the seventh claim for relief in the proceeding brought against the Board of Trustees. except that here the allegation is against the respondent, Planning Board. This is the assertion that the respondent. Planning Board. approved an illegal expansion of a non-conforming use. As noted in that other proceeding, aside from the fact that this appears to be an issue for the Board of Appeals, since the subject area has been rezoned the use may no longer be a non-conforming one. Nevertheless. for the reasons stated above the petitioners, Henry Weismann and Frank Flynn. are entitled to a Judgment vacating the subject site plan approval and remanding this matter to the respondent, Planning Board. for action consistent with this opinion. Settle judgment. -l~~ 0 Cl J.S.C. Copies t.o the following: Town ard Town Attorneys Trustees Planning Board' /1J7/1J- (XJ'?-I-~3 Building Depar.t Boar-i of Appeal., Conservation Advisory Council FORM OF NOTICE OF PETITION PURSUANT TO THE PROVISIONS OF SECI'ION 3. SUBDIVISION 2 OF THE PUBLIC LANDS LAW. -. -"'V'D ~: 1i? tP--/J{ , '\l""'0 .-1 "l""'l~a -,,:, - p~ a. /J~.;/JJ~ ~~dT~...- ".I~..I,( STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES In the Matter of the Petition of HOWARD H. ZEHNER and DOROTHY ZEHNER NanCE ~~..~-" (Thwn) ~ of Southold County of Suffolk ~,"'--~--'"': n i\ \11/ i2 .'; i: ) J;....:.:0L\LJLl:-. for a grant of easement in lands under the waters of ;\11\;, " 1\ \ j~ :': ~.." """ ~ ~ ','"'0"" SEP - ;j .~u~ \1\; .\., .' " :,'-' 'j TO: \ l. You are hereby notified that it is the intention of the undersigned to apply on the 11 th day of September, ,1989 , to the Commissioner of General Services, Albany, New York, for a grant of easement, pursuant to the provisions of Section 3, Subdivi- sion 2, of the Public Lands Law in under water land of the State of New York, described as follows (insert brief description of proposed easement area including dimensions and use): ,JUDITH TERRY ~ ~ L--~-;-j"/;-::~'-1 :, T(0' f .,1 <:.0\ n'j;;_V lV:~' Pl.i,,;'1Utii5lQ~-.~' See Schedule B - use as jetty and channel If you believe yourself to be adversely affected by reason of such grant of easement to the undersigned, you should, on or before the above date, file with the Commissioner of General Services, Albany, New York, a remonstrance stating your objections and your reasons for op- posing the granting of such easement. The adjacent upland of the undersigned is located at: Sage Creek, Southold, NY Dated: June 28, 1989 Petitioner s Howard H. Zehner & Dorothy Ze Post Office Address: POB 250, Greenport NY 11 - Municipality Southold Town (Th be served upon Mayor, Supervisor, Clerk or Corporation Counsel, as required) RPPU 7'4 112/87) PAGE 4 01 9 SC1I8IJULE P- . I r TillS INDENTURE, made this ,1 day of Hay, 1964, in the year One TIlOusand Nine lIundred Sixty-four, between THE PEOPLE OF TilE STATE OF NEW YORK, acting by the Deputy Conmlissioner of General Services in the Executive Department, parties of the first part, and FRED W. YOUNG, residing at Arshamomoque, Town of Southold, Suffolk County, New York, party of the second part, WITNESSETII, that the parties of the first part, pursuant to subdivisions 2 and 5 of Section 3 of the Public Lands Law, and Findings of the Deputy Commissioner of General Services dated Hay 5, 1964, and in consideration of the sum of Three Hundred Fifteen Dollars ($315.00), lawful money of the United States of I America, paid by the party of the second part, do hereby give and grant unto the party of the second part, his successors and assigns, the right, privilege and easement to be exercised over and across the lands under water hereinafter described, for the purpose of constructing and maintaining a 'jetty on Parcel A hereinafter described and a channel on Parcel B 'hereinafter described, to wit: All those parcels of land, now or formerly under the waters of Southold Day, at Arshamomoque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL A Beginning at a point on the present high water line of Southold Bay, said point being south seventy-eight degrees, forty-five minutes east, forty-six feet from a concrete monument on the division line between the property of lIarold andFred Reese and the property of Fred W. Young; thence into the waters of Southold Bay the following bearings and distances: south fifty- one degrees, thirty minutes eas t, one hund red f if teen fee t i south thirty-eight degrees, thirty minutes west, thirty-four fee t; and north fifty-one degrees, th irty minutes wes t, one hundred t..'enty-one feet to the present high water line of SO;JthoJr" ;;;::,'; :""'":''' :J('n~ said hj!~'; ',: :.;' line, north fO:-ly-eight ....... " \-- -' . . degree~, thirty minutes east, thirty-four and fifty-three hundredths feet to the point of beginning, containing four thousand twelve square feet, more or less. PARCEL D Beginning at a point on the present high water line of Southold Bay, said point being south seventy-eight degrees, forty-fiye minutes east, forty-six feet from a concrete monument on the d1v1s1onl1ne between the property of Harold and Fred Ree and the property of Fred W. Young; thence along the present h1gh water 11ne of Southold Bay, north forty-two degrees, fifty-four minutes east, sixty-five and two tenths feet; thence into the waters of Southold Bay the ~~llowing bearings and distances: south fifty-one degrees, thirty minutes east, one hundred sevent feet; south th1rty-e1ght degrees, th1rty minutes west; sixty-fiv feeti and north fifty-one degrees, thirty minutes west, one hund seventy-five feet to the point of beginning; containing eleven thousand, two hundred twelve square feet, more or less. All bearings refer to the True Meridian. This grant of easement is made and accepted subject to tl following covenants, conditions and restrictions: l. 1. At the termination of the easement hereby granted, the grantee-, for himself and his successors in interest hereunder, a[ireffi, at his OIm expense, and at no expense to the state, to remove at once the jetty from the lEnd to be hereby affected and leave said land in as nearly the same condition as poss1bl, as it was prior to the construction hereby authorize' 2. The easement h2r2by granted is grEnted only with resl to the jetty describcd in the appl~cation and shown , the map or plan ":hich accompanies the application. . the construction shall not have been begun w}.thin th, year from the date hereof, or the proposed jetty sha not have been maintained and used for a period of on, year, the easement shall cease and determine without action to such effect being taken by the state, and all the rights of the gl'antce and his successors hereunder shall then tcrminate and, furthermore, in such event, the proviSions for rcmoval above set for shall apply in the same manner and effect as so set forth. ,-- - ,l"., .' - ~."Ii~ .. a' " -- --' 3. The grantee and his successors hereunder agree that they shall be liable for and shall pay all damages that may occur or arise to the State and shall save the State harmless from all claims or damages, in consequence of the construction, maintenance, use or removal of the said,jetty or by reason of any work done or authorized by or under this grant of easement and at their expense will defend all suits brought on account thereof. Any additions or accumulations to upland property below the original high water line of Southold Bay, as a result of the erection of the jetty proposed herein, shall be and will remain the property of the State of New York and shall be considered for all purposes as land under water. The channel to be dredged on Parcel B shall be no greater than a depth of Rix feet below the mean low water line. On Farcel A the dredged material will be deposited in the barge aild any excess will be placed on the upland and suitably retained thereon to pre- vent its return to the waterway. 6. The easement hereby granted shall not be assigned or transferred without the consent of the Office of General Services. 4. , 5. 7. The duration of this easement shall be for a period of twenty-five years from the date hereof, if the easement is not sooner terminated as hereinbefore provided. IN WITNESS WHEREOF, the parties of the first part have caused these presents to be executed by their said Deputy Connis- sioner of General Services, the day and yec.r first above written. TilE PEOPLE OF TilE STATE OF NEW YORK c ---- . C~~., Q~ - c.- \.. '- ) \ ~ ,t.. .\.^-.\:l' ..1, '----C' Robe::-c D. Stone Deputy Commis!:ioner of General Service t . '-<"-. .---.,.,... ...."-..- ". . '." . ,,' , , , . J \ ...., . . STATE OF NEW YORK ) : SS COUNTY OF ALBA~~ ) On' this 19th day of May , 1964, before me the subscriber personally came Robert D. Stone, to me known and known to me to be the Deputy Commissioner of General Services of the Office of General Services in the Executive Department of the State of New York, and known to me to be the same person described in and who executed the foregoing instrunlent, and he duly ac- knowledged to me that he executed the same as such Deputy Commissioner of General Services) for and on be- half of the said Office of General Services as the act and deed of The People of the State of New York pursuant to the Statutes and Order recited in the said instrument. ~~v.-e~7 ?rX.t~~--..;>c . . !) U ..~ 0\- ..:> Approved this % day of ~. 1964. ARTHUR LEVITT State Comptroller Approved as to form this day of 19 64. LOUIS J. LEFKO~ITZ Attorney General 6~4-- By /} 14/';' (/,1 . . . ..-.. ny (" t{t-.{/ft.,ffte;[/!c/ c' etA Assistant Attorney Gener~l I r ; Form SRP - 12 (3/62) , degrees" thirty Ininutes east, thirty-four and fifty-three hundredths feet to the point of beginning, containing four thousand twelve square feet, more or less. rAnCEL B Beginning at a'point on the present high water line of Southold Bay, said point being south seventy-eight degrees, forty-fiv(' minutes east, forty-six feet from a concrete monument on the diVision line between the property of Harold and Fred Hee, and the property of Fred H. Young; thence along the present high water line of Southold Bay, nOl'th forty-two degrees, fiftY-four minutes east, SixtY-five and two tenths feet; thence into the waters of Southold Day the t:911owing bearings and distances: south fifty-one degrees, thirty minutes cast, one hundred seventy feet; south thirty-eight degrees, thirty minutes west; sixty-five feet; and north fifty-one degrees, thirty minutes west, one hundr sevc'nty-five fcet to the point of bC~innin(;; containing cleven tlwusand, two hundred twelve square feet, more or less. All bearings refer to the 'l'rue Meridian. ~ '" ~ ,- lJ)\ \ \ ; ~'" . "-\ n. 11 I: ~ u.. "" I~, J .J , '-' . . lIBlr G954 rACE 37 STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES ---------------------------------------x In the Matter of the Application of HOWARD H. ZEHNER . . o R D E R for a consent to the assignment of an : easement dated May 19, 1964 granted to Fred W. Young in lands under the waters: of Southold Bay at Arshamomoque, Town of Southold, Suffolk County. ---------------------------------------x An application has been made by Howard H. Zehner for a con- sent of the Commissioner of General Services to the assignment to him of an easement granted by the People of the State of New York to Fred W. Young in lands under the waters of Southold Bay at Arshamomoque in tl~-Tawn-DE-Bollthllld, County of Suffolk. The grant of easement is dated May 19, 1964 and was recorded in the . office of the Department of State in Volume 15 of Miscellaneous Deeds and Title Papers at page 78 on June 19, 1964. The easement is for a period of twenty-five years and was granted for the pur- pose of permitting the construction and maintenance of a jetty on Parcel A, and the dredging of a channel in Parcel B, described in a grant of easement. The application was made by letter dated October 19, 1970 and approved by the original grantee, Fred W. Young. A photocopy of a deed, dated October 5, 1970, made by Fred W. Young tq the applicant, has been submitted, which shows the conveyance to the applicant of the upland parcel including the easement. This deed was recorded in the Suffolk County Clerk's Office on October 21, 1970 in Liber 6826 of Deeds at page 427. The aforesaid grant of easement provides that it shall not be assigned or transferred without the consent of the Conunissioner of General Services. , ) , ) J. i~ ., '.. ,. .f. r ,.:i. l.'<:f , -". ;~ =-:;t. :~~~ " :.;~. J '''P'"f ~ -:1 -=:tI Lt') O':l Co:i ../ ~. ~ ~ 7~ 1971 JU~1 25 Ai'; 10: 12 - --~" ., - ..- --r'\l L'"' ~ I :'i_ ;'i. ...,._:~,I-_!..: :)1"..'1 - ~u:r.:~ Gj:" su;-r: C;:"< COL':-HY ~ ~ = :;; CONSENT TO ASSIGNMENT THE PEOPLE OF THE STATE OF NEW YORK TO HOWARD H. ZEHNER . ~: Recorded in the Department of State in Volume 19 of Miscellaneous Deeds and Title Papers at page ~30on June 15, 1971. j / ~. I I; ~~ '" ~. ". . . . '. . . ......-,t "':'" .,..' , . ,,-., - '# . ". ,.' . . J \ ,-,' . . STATE OF NEW YORK ) . S5 COUNTY OF ALBA~~ ) On- this 19th day of May . 1964 . before me the subscriber personally came Robert D. Stone, to me known and known to me to be the Deputy Commissioner of General Services of the Office of General Services in the Executive Department of the State of New York, and known to me to be the same person described in and who executed the foregoing instrument, and he duly ac- knowledged to me that he executed the same as such Deputy Commissioner of General Services) for and on be- half of the said Office of General Services as the act and deed of The People of the State of New York pursuant to the Statutes and Order recited in the said instrument. .~. ~/ ~,' ~n. z.---z c CV>-L~7~?f,J;",V,^,",^,O 'J;'./ " . .'.~- Approved this % day of ~. 1964. ARTHUR LEVITT State Comptroller Approved as to form this day of 19 64. LOUIS J. LEFKO~ITZ Attorney General ~~~-- By /} 1/!/;' (1/ , . . .,-" ,//X By (" t"l::~7t.-((tat/!('/ cerA Assistant Attorney General I , ; Form SRP - 12 (3/62) ,. degree~, thirty minutes east, thirtY-four and fifty-three hundredths feet to the point of beginning, containing four thousand twelve oquare feet, more or less. PAfiCEL D Beginning at a'point on the present high water line of Southold Bay, said point being south seventy-eight degrees, forty-riyE' minutes cast, forty-six feet from a concrete monument on the dIvIsIon lIne between the property of Harold and Fred nee- and the property or Fred W. Young; thence along the present high water 11ne of Southold Bay, nOl'th forty-two degrees, fiftY-four minutes east, sixty-fIve and two tenths feet; thence into the waters of Southold Day the folloWing bearings and distances: ". south firty-one degrees, thirty minutes cast, one hundred seventy feet; south thirty-eight degrees, thirty minutes west; sixty-rive feeti and north rIfty-one degrees, thirty minutes west, one hundr seve"nty-rive feet to the point of be~inni\1[;; containing cleven thousand, two hundred twelve square feet, more or less. All bearings refer to the 'l'rue J.leridian. '. .\ \ .--.J . , '-" . "'i umGD54 PAGE 38 ' The Attorney General has filed his Report, dated January 22, 1971, advising that the Commissioner of General Services may as he may determine. \ I \ consent to the assignment subject to such terms and conditions Now, therefore, it is ORDERED that the.Commissioner of General Services does hereby consent to the assignment to Howard H. Zehner of an ease- ment granted to Fred W. Young, by grant dated May 19, 1964 and recorded in the Office of the Secretary of State, June 19, 1964 in Volume lS of Miscellaneous Deeds and Title Papers at page 78, and be it further ORDERED that such consent shall become effective upon the execution of an acceptance of the terms, obligations and cove- nants of the original grant of Easement to Fred W. Young. Dated: June lv, 1971 ~! , 1. r . . ~1,,!J Wal er C. Shaw Deputy COlUmissioner of General f};. / ' t' (itttlj /1 L' , Services "...., . I , '-" -' lI8U, G954 fAGE 39 STATE OF NEW YORK COUNTY OF ALBANY ) SS On this /07:ay of 9 {/--v.,,- , 1971, before me the subscriber personally came Walter C. Shawto me known and known to me to be the Deputy Conunissioner of General Services of the Office of General Services in the Executive Department of the State of New York, and known to me to be the same person described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same as such Deputy Commissioner of General Services, for an on behalf of The People of the State of said instrument. New York pursuant to the Statutes and Findings recited in the C ~-<4- ~c...".~> C': ':. I ,. 'I,' I'~S v' (, '~(.l,.;. .: "'1 " """",,, ,;;.i97 J Charles 11. Jennings Notary Public 1066125 Slate of New York qualified in Selleca COllllly COlllmission Expires March 3U, 1073 In"" --- -.J . ~ . . . lIB(P. G954 rAtE 4.0 ACCEPTANCE For and in connideration of the conocnt of tho Commisoioner or General Services to the aasignment to the undersigned or the :Easement; tor ths purpose of permitting the construction and mrt.lntenanco ot a jlJtty on Parcel ^~ and the dredging or a channel in Farcel D, granted to Frod W. Young by grant dated May 19. 1964, recorded in the Office of the Secretary of state on JWle 19. 1964 in Volume 15 or H1scel1aneouB Deeds and Title Papers at page 78, the undersigned does bereby agree tor himself. his heirs and aasigns to abide by and perform all the covenants, conditiona, terma and provisions contained theroin and doos hereby .aooume all the obl1gatlona thereWlder. fi~~/{.~ STATlI or !mf romr COUN'Xl 0'1 SUFFOLK ) J ) 88 On this 23rd day of February , 1971, porsonn.lly appeared before *' HOWARD H ~ 1m t . ., own 0 mo, and to me known to bo the pernon described in and who exocuted th~ foregoing 1nstru- ant and lI.ckncnrledged that he executed the BM1&. ~~ca-O-:: 0-?~~~ o ary lic / C of New York MAnc.I.Ri r /'.. ','C,!!; 'r:. NOTARY PU\1LlC. Sl.~:(' ('Ij Il~':, York SuHolk C~:J:lly lJo. r.2.':l71bBQS hIm Expire. March ]0, Iq12 , ; '/33. . . FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, \II JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O,Box 728 Southold, New York 11971 November 20, 1989 Anthony B. Tohi11, P. C. Attorney-at-Law 12 First Street, P. O. Box 1330 Riverhea~ NY 11901 Subject: Young's Marina Renewal of Permit i 574 'Dear Mr. Tohil1: Please be advised that at the Trustees' meeting of November 16, 1989, by resolution, renewal of permit i574 was denied. This permit will expire on December 17, 1989. It should be further noted that the Trustees would encourage the submission of a new permit application. This application should recognize the fact that this (project) is now a critical environmental area. The new application will be reviewed following proper SEQRA procedure. Very truly yours, J~c:r '-~ Frank A. Kujawsk~, Jr.~ President, Board of Trustees FAK: jb CC: Howard and Dorothy Zehner Merle Wiggin Town Attorney Planning Board CAC Copies to the following: Town B6t Town Attorneys Trustees ~/ Planning Board Building Oepart~ Boar-::l of Appeal'i Conservation Advisory Council FORM OF NOTICE OF PETITION PURSUANT TO THE PROVISIONS OF SECTION 3, SUBDIVISION 2 OF THE PUBLIC LANDS LAW. ?KEIVm ~:~,p./J{, ." r::p l ~C)q8 9 .k _?~ a. ~r;/ ~U~ ~~..._ rr_./,< STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES In the Matter of the Petition of HOWARD H. ZEHNER and DOROTHY ZEHNER (Thwn) ~ of Southold County of Suffolk NarrCE . . ,-___~=---~7-~:~'-'-'<"""i .1;--" "r-' II ..,[! t., ','~"-f\"\jJi,.-l~,_".~""~L-~:~" , ~ '.< i "~..' 'Ii 111 i SEP _ 5 Inacl tlq'i~ ~ iudl L.---.,..---c-:--...... seUT(:iC,~LD T9~,;!!~ Plp,N>l([--'G r\:J-i~2..,,_..._~ ",,-''''''' for a grant of easement in lands under the waters of TO: ,JUDITH TERRY You are hereby notified that it is the intention of the undersigned to apply on the 11th day of September, ,1989 ,to the Commissioner of General Services, Albany, New York, for a grant of easement, pursuant to the provisions of Section 3, Subdivi- sion 2, of the Public Lands Law in under water land of the State of New York, described as follows (insert brief deSCription of proposed easement area including dimensions and use): See Schedule B - use as jetty and channel If you believe yourself to be adversely affected by reason of such grant of easement to the undersigned, you should, on or before the above date, file with the Commissioner of General Services, Albany, New York, a remonstrance stating your objections and your reasons for op- posing the granting of such easement. The adjacent upland of the undersigned is located at: Sage Creek, Southold, NY Dated: June 28, 1989 Petitioner s Howard H. Zehner & Dorothy Zehn. Post Office Address: POB 250, Greenport NY 1194 - Municipality Southol d Town (Th be served upon Mayor, Supervisor, Clerk or Corporation Counsel, as required) APPU 714 n2/87) PAGE 4 of 9 SCIIEl)ULE B . THIS INDENTURE, made One Thousand Nine Hundred I r this ,q aay of May, 1964, in the year Sixty-four, between THE PEOPLE OF THE STATE OF NEW YORK, acting by the Deputy Commissioner of General Services in the Executive Department, parties of the first part, and FREJ) W. YOUNG, residing at Arshamomoque, Town of Southold, Suffolk County, New York, party of the second part, WITNESSETIl, that the parties of the firs t part, pursuant to sl'lbti~ions 2 and 5 of Section 3 of the Public Lands Law, and Findings of the Deputy Commissioner of General Services dated May 5, 1964, and in consideration of the sum of Three Hundred Fifteen Dollars ($315.00), lawful money of the United States of I America, paid by the party of the second part, do hereby give and grant unto the party of the second part, his successors and assigns, the right, privilege and easement to be exercised over and across the lands under water hereinafter described, for the purpose of constructing and maintaining a 'jetty on Parcel A hereinafter described and a channel on Parcel B'hereinafter described, to wit: All those parcels of land, now or formerly under the waters of Southold Bay, at Arshamomoque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL A Beginning at a point on the present high water line of Southold Bay, said point being south seventy-eight degrees, forty-five minutes east, forty-six feet from a concrete monument on the division line between the property of Harold andFred Reese and the property of Fred W. Young; thence into the waters of Southold Bay the following bearings and distances: south fifty- one degrees, thirty minutes east, one hundred fifteen feet; south thirty-eight degrees, thirty minutes west, thirty-four feet; and north fifty-one degrees, thirty minutes west, one hundred t\"enty-one feet to the present high water line of Southo 1 c' ~. .," . ;. '.. ._ .0 . ,". .~. ")' . ; 1 (In; said hi!~'; " : .:. 1 ine, north forly-e" ight _._,.,~.",,~,~~.,.. .' . 1".... . ~:'- . . , '~ . . '......... . The grantee and his successors hereunder agree that they shall be liable for and shall pay all damages that may occur or arise to the State and shall save the State harmless from all claims or damages, in consequence of the construction, maintenance, use or removal of the said.jetty or by reason of any work done or authorized by or under this grant of easement and at their expense will defend all suits brought on account thereof. Any additions or accumulations to upland property below the original high water line of Southold Bay, as a result of the erection of the jetty proposed herein, shall be and will remain the property of the State of New York and shall be considered for all purposes as land under water. The channel to be dredged on Parcel B shall be no greater than a depth of Fix feet below the mean low water line. On Parcel A the dredged material will be deposited in the barge mid any excess will be placed on the upland and suitably retained thereon to pre- vent its return to the waterway. 6. The easement hereby granted shall not be assigned or transferred without the consent of the Office of General Services. 3. 4. , 5. 7. The duration of this easement shall be for a period of twenty-five years from the date hereof, if the easement is not sooner terminated as hereinbefore provided. IN WITNESS WHEREOF, the parties of the first part have caused these presents to be executed by their said Deputy Comnis- sioner of General Services, the day and yec.r first above written. TilE PEOPLE OF TilE STATE OF NEW YORK ~c Q----' :- c': - \., l. .\ \ ~ .~ ..... ~~., . .) ,I.....-t.._(' Robert D. Stone Deputy Commi!;cioner of General Services t ; r- '-.- -/ degree~, thirty minutes east, thirty-four and fifty-three hundredths feet to the point of beginning, containing four thousand twelve Bquare feet, more or less. PARCEL B Beginning at a point Qn the present high water line of Southold BaY, Baid point being south seventy-eight degrees, forty-fiye minutes east, for~y-six feet from a concrete monument on the diviBlonl1ne between the property of Harold and Fred Rees and the property of Fred W. Young; thence along the present high water line of Southold Bay, north forty-two degrees, fifty-four minutes east, sixty-five and two tenths feeti thence into the waters of Southold Bay the ~~llowing bearings and distances: south fifty-one degrees, thirty minutes cast, one hundred seventy feeti south thirty-eight degrees, thirty minutes west; sixty-five feeti and north fifty-one degrees, thirty minutes west, one hundl seventy-five feet to the point of beginning; containing cleven thousand, two hundred twelve square feet, more or less. All bearings refer to the True Meridian. This grant of easement is made and accepted subject to th, following covenants, conditions and restriction~: 1. At the termination of the casement hereby granted, the grantee-, for himself and his successors in interest hereunder', agl'effi, at his OIm expense, and at no expense to the state, to remove at once the jetty from the lEnd to be hereby affected and leave said land in as nearly the same condition as pOSSible as it was prior to the construction hereby authorized t. 2. The easement h2:'2by granted is gr<.nted only with resp to the Jetty dascl'ibcd in the appl~cation and shown 0 the map or plan I':hich accompanies the application. I the construction shall not have been begun wtthin the year from the date lwreof, or the proposed jetty shal not have been maintained and used for a period of one year, the easement shall cease and determine without action to such effect being taken by the state, and all the rights of the gl'antee and his successors hereunder shall then terminate and, furthermore, in such event, the provisions for removal above set fort shall apply in the same manner and effect as so set forth. ,f... f ~.......'.,,,.~ , '.~ .- ) . J -- ) . l. '.~ ~; . ''J, f'-(~i' {,'~ ~ ;'~ ..~, ~.~. ';~ --~~~t '" '.;~ .-'~'. . :~~:i:.i~~: ~~ $ ..i"~il'\: ,,~-J".' ,..l~..: . ,""'- '-"'......, -'--, .~ ~ $ ~ 1971 JUN 25 Jlj.; 10: /2 , 7~ -:1 0II::fl ~ o:l Q "" ~ = :;; LCC-I=:"l :.~ ',! :..~i""j,r:N ..... ........_ r,_.. ...\,....1.0 ~L[r.;: (lj: SU;:;: C;:":-: COL':-:T'f CONSENT TO ASSIGNMENT THE PEOPLE OF THE STATE OF NEW YORK TO ".-"" HOWARD H. ZEHNER , Recorded in the Department of State in Volume 19 of Miscellaneous Deeds and Title Papers at page A300n June 15, 1971. l: . . 1 I, Jl f; J.~ "'I' . '. . . ..:'..:, !.'. "':'0" 1 ,. ..; '!'" JOHN P. LOMENZO Secretary of State B~ .. . M~sce ane~s~~~~-',\ h....~..,. i Mrs~a . Horner, Principal' G1~rk '.. 1 Record'a~d Return to: ). ~Y~:~)';';;;J i R,)!iERT W" TASKER.~SQ~~ ' ,; u: :'~T""~'" i{ . f 425 Main Street".. ,. , ~1: ..~. "l~5~~f~i~::,-~:~,,,;f~.~:~'~'~- ...' Greenport, New York 1~~4;~"}: . .'fIt f ;':':~.1:~~:":: ,'.; <.' ~ .' . \ . .:'.:: . :: .' . ':~{';;' :,.~ J ,;;fiE:'; . '. , , ",r':j~;~i;::;' ,'".it i,c>3:c?;..,~:> ,.":!,f.;,ttL'L~ct ,:.;.1,')' \:\:; .. . ~ "I'-~'~'-."~" ", ,..-,-~.... .', ,.0- -. ,'{". " \.:. ,.....,~... '..:;- .i-::"~'...1,.. ' ..... '," ~ '.. ....."......,.,,~..... - :/" - '. . \'" ." >~,-..... '''t7 .r.- '>.-' So .. .. ''=-J' ... ~.,._ -b L:"I,;" -Tf'il ., ~ .. '...........,,;j.... .~ ~.",':i...-:r,."....~"~'.;;ii;'-." .'.- ;'-U'i..~'.:i.. ";. ',~'~. ..~.:..'. . '.<;;;;; ~'- ,-,:-~;>,,,,~'~:,:,,,,,,,,,,--:-,,:,;",.~'-';"'::'.t,.;.: ,.; ~i;~ ;~-:,:'- --';~j"~-:€.7'-' "0';'..,:.~:,,~.'i\~t:. ..- ; :"-:".":"',;: .' .,; ...._..._,~,..,.. ..''i' ''L;. ,;:.:..;".:!.- -,:;':"''':;::'<!'ik'-.r.'.",,~.-,'!;.~~~;.,..,;, . " o?ir~~ .1Ii",",~'O;jlt4At_~:..~.,;(, w;a;..<~~..,."..",".,,-,".., ,.J:'.-,.liPO; ,"~'-JJo, ";"",-,,,,,,,~,,"""',..:..fV~"~t\ii:_~"'''''''..:i!i:R..,.. ;.; . . - . ~ :- '.-',. . ,". ..~.~: '. ..: ':; ~.. ... ~:~'..,'.~ '''.~''~:~')~)~~~~~~::.i t~. ',:>-- "':r" ....~.. ..7.:.,~f1f... -'. :,'",,"', ~~ .....~.~-;._~'l'~.t:';.,,,. ,.... _: ...~' r....;.-.;: '~.i..:~t!'i~~~}'~~:."~";."':', ~.' . .r~"""''''''''''Jo+::.ij-' ......v..:......,.~.....,::: . , ~ -<:) ~ ~\\ '"\; ~"' .........\. 7i. 11 :: 'i u.. '" .." . t. ~ ,) J '-' lIRl' G954 rAGE 37 STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES _______________________________________x In the Matter of the Application of HOWARD H. ZEHNER o R D E R . . for a consent to the assignment of an easement dated May 19, 1964 granted to Fred W. Young in lands under the waters: of Southold Bay at Arshamomoque, Town of Southold, Suffolk County. _____________-_"_______-_________-_____x An application has been made by Howard H. Zehner for a con- sent of the Commissioner of General Services to the assignment to him of an easement granted by the People of the State of New York to Fred W. Young in lands under the waters of Southold Bay at Arshamomoque iILJ;.he...Tawn-DLSou.thold, County of Suffelk. The grant of easement is dated May 19, 1964 and was recorded in the , office of the Departmentpf State in Volume 15 of Miscellaneous Deeds and Title Papers at page 78 on June 19, 1964. The easement is for a period of twenty-five years and was granted for the pur- pose of permitting the construction and maintenance of a jetty on Parcel A, and the dredging of a channel in Parcel B, described in a grant of easement. The application was made by letter dated October 19, 1970 and approved by the original grantee, Fred W. Young. A photocopy of a deed, dated October 5, 1970, made by Fred W. Young to the applicant, has been submitted, which shows the conveyance to the applicant of the upland parcel including the easement. This deed was recorded in the Suffolk County Clerk1s Office on October 21, 1970 in Liber 6826 of Deeds at page 427. The aforesaid grant of easement provides that it shall not be assigned or transferred without the consent of the Commissioner of General Services. _w,.,_,_.__.___.._~--~-'--.--..,..^"-..- ,1 ','" ",:.:..."","'''~C'''' ,,- . . . . . . . . .-' . ~~4-- J \ ' ........ . . STATE OF NEW YORK ) : 55 COUNTY OF ALBA~~ ) On. this 19th day of May .1964. before me the subscriber personally came Robert D. S~one, to me known and known to me to be the Deputy Commissioner of General Services of the Office of General Services in the Executive Department of the State of New York, and known to me to be the same person described in and who executed the foregoing instrument, and he duly ac- knowledged to me that he executed the same as such Deputy Commissioner of General Services) for and on be- half of the said Office of General Services as the act and deed of The People of the State of New York pursuant to the Statutes and Order recited in the said instrument. . . ~ rQ . > . . .... I . ./'. C C~t~7~;/J-.l:~""""'-(? ._~J Approved this % day of ~. 1964. ARTHUR LEVITT State Comptroller 0\_,,- .. . Approved as to form this day of 19 64. LOUIS J. LEFKO~ITZ Attorney General By /} 'i/!0' fI/ . ..-" . - I .//X By C" t'!.C-,c/rC-fttill/:c"./ c c:.e:fC Assistant Attorney General r , Form SRP - 12 (3/62) ("' degrees., thirty minutes east, thirty-four and fifty-three hundredths feet to the point of beginning, containing four thousand twelve square feet, more or less. P AIlCEL D Beginning at a'point on the present high water Hne of Southold Bay, aaid point being nouth neventy-eight degrees, forty-flyt' minuten east, fort.Y-:Jix feet from a concrete monumcnt on the division Hne between the property of Harold and Fred Hee:J and the property of Fred W. Youngj thence along the present high water line of Southold Bay, nOl'th forty-two degrees, fifty-four minutes east, sixty-five and two tenths feeti thence into the waters of Southold Day the ~~llowing bearings and distances: south fifty-one degrees, thirty minutes cast, one hundred sevent,y feet; south thirty-elght degrees, thlrty minutcs west; sixty-flv, feet; and north flfty-one degreen, thlrty minutcs went, onc hundx sevc'nty-flve fect to the point of bc~inninr;; containing elcvcn thousand, two hundred twelvc square fcet, 1Il0re 01' lesa. All bearings refer to the 'i'rue Merldian. \ \ ...------"_.. '<l .. ,"'_...... J . , '-' . "'i liwG9S4fAGE 38 The Attorney General has filed his Report, dated January 22, 1971, advising that the Commissioner of General Services may consent to the assignment subject to such terms and conditions as he may determine. Now, therefore, it is ORDERED that the Commissioner of General Services does hereby consent to the assignment to 1I0ward II. Zehner of an ease- Inent granted to Fred W. Young, by grant dated May 19, 1964 and recorded in the Office of the Secretary of State, June 19, 1964 in Volume 15 of Miscellaneous Deeds and Title Papers at page 78, and be it further ORDERED that such consent shall become effective upon the execution of an acceptance of the terms, obligations and cove- nants of the original grant of Easement to Fred W. Young. Dated: June Iv, 1971 I;J r 1~J&!1 Wal er C. Shaw Deputy COllUllissioner of General I) !' / ' t, (t/ti), (/ Services ,1'" / '.J --' L1B[f, G954 PAGE 39 STATE OF NEW YORK 55 COUNTY OF ALBANY On this iJ7~ay of ;i "~~ , 1971, before me the subscriber personally car.:e Walter C. Shawto me known and known to me to be the Deputy Commissioner of General Services of the Office of General Services in the Executive Department of the State of New York, and known to me to be the same person described in and who executed the foregoing instfument, and he duly acknowledged to me that he executed the same as such Deputy Conunissioner of General Services, for an on behalf of The People of the State of New York pursuant to the Statutes and Findings recited in the said instrument. C ~-<4- ~{<<.".~' (,1: . I "H' "~I'~S , V '~or ('. "'f .....".....::;, 19-; J Charles n. Jennings Notary Public 1966125 State of New York Qualified in Seneca Counly Commission Expires March :lU, 1973 . / ~lr-. .. .'. ... . ---:1 , ., I . . ,/.3 3. -.. ....) . . --------.... '-' lIBlP. G954 rACE 40 ACCXPTANCll: 'Por and in conoideration of the connent of tho Commlsoioner ot General Services to the assignment to the undersigned ot the Kaaement, tor the purpose of permitting the construction and 1M.1ntenance ot a jetty on Parcel A, and the dredging of ll. chaImel :in l"arcel D, granted to Fred W. Young by grant dated M8y 19, 1964, recorded in the Orrico ot the Secretary of state on June 19, 1964 in Volume 15 ot Miscel1aneous Deeds and Title Papers at page 18, the undersigned does hereby agree tor himselt, hie heirs and assigns to abide by and perform &11 the covenants, conditiona, te~ and provisions contained therein and does hereby _aaoume all the obl1gationa thereunder. ~/.~~ H. ER &TAD or nw YORlC COUllr.n: (g SUFFOLK ) , ) 88 On this 23rd day of February , 1971, persono.1ly appearod belore .. BOWARD H. ZEHHD, known to me, and to me known to be. the person described in and who executed thG foregoing 1nstru- lllent and acknowlGdged that he executed the 8M18. ~~cat?: 0-?,,~ o ary lic / 0 of New York MAnc.Altir /". \'(.'!;'c, NOTARY puauc. $1.;:(' nr II~.;, York SuHol~ C\~:J;lly fJo. !i:!-"71bB95 hrm Expirc~ M.Ar,h 30. 1912 t . sr)~LE TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 l SCOTT L. HARRIS Supervisor BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 57-1-38.3 NAME: Southo1d Shores Boat Basin DATE: February 22, 1990 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southo1d, notice is hereby given that the Southo1d Town 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: Enlarge sn existing docking facility by the installation of (2) 5'x 20' floats and (5) 3'x 18' floats; based on amended map dated November 7, 1988. LOCATION: Blue Marlin Drive, Southold, NY. Tax map No. 1000-57-1-38.3 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant.adverse.effects to the environme~:~~ l~kelY to occur should the proJect be ~mplemented as Plann~~/" \".," \ , .,. i '--" .".~' \\ \} \ \""'- \.\ \:\ ~",R - \ \c;fJI.j tILl";" \l"~' ,.. --~ ~., '. , 3. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect on the environment. cc: Planning Dept. Building Dept. Zoning Dept. C.A.C N.Y.S.D.E.C. Army Corps of Engineers .. . ....'. i ,'. ocr 2 f959 JOHN F. HUDACS COMMIS'.i'ONER , ..~ .....; j STATE OF NEW YORK .~(' I....) ROBERT B. AOAMS FIRST DEPUTY COMMISSIONER EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES ._-_.._.~... MAYOR ERASTUS CORNING 2ND TOWER THE GOVERNOR NELSON A. ROCKEfELLER EMPIRE STATE PLAZA ALBANY, N.Y. 12242 JAMES M. GALLAGHER DIRECTOR REAL PROPfltTV PLANNING AND UTILIZATION GROUP September 25, 1989 Town of Southold Board of Town Trustees 53095 Main Road P.O. Box 728 Southold, New York 11971 rt/ ~~ . - 4 [ r Attn: Mr. Frank A. Kujamski, Jr. President ~ Dear Mr. Kujamski: Re: Howard H. Zehner - Easement Renewal Southold Bay at Arshamomogue Town of Southold County of Suffolk In reply to your letter of September Commissioner of General Services regarding the easement petitioner, attached is a copy of delineating the bounds of the subject area. 6, 1989 to the above referenced the sketch map Should you have any further questions the disposition of this petition, kindly Matters of my staff at (518) 473-7785. or concerns regarding contact Mr. Richard Sincerely, ~~aghe' mc att. cc: Commissioner Hudacs wiatt. ------------ " . . ,J " , , <j r, v J ~J ) I', lJ) ,,) ~) ::.; ( ( I I I '\ r: f' P('T ...'.11 ~ i:~~O '_ ,':"J,j >-'? , () ,'<.; \x'0 '( " '1 -l-- -r ., '" ^ , , ~-:..-'~"- .--'- , , ,,'-\ ;/ I (I) ) , ,;;;('J'..... i-' VI ~ , ,')' Q\1/ t>. /' e,- 1?-( (l \ [)~ . /) Mop .5 f70~/n9 c.o.sernen,- for Jef..,i.~., ~ Chonne../ In .5oul-holc{ !3Cl!.J Ar6horrTorno<:ju&,5udo/f: Co:..,-;-:,;,; IVC'~v 'rorf: 6co/e.. /"= 100' / nspe.cfion AI ace 8,",' Oarc:-. Mou 3/ /~!R5 P Bac/::..5ton POST OFFICIO BOX 523 5164770198:r 3 p-:~~ Southold Town Baymen.s Assn. Inc. GREENPORT. LONG ISLAND, N.V. 11944 November S, 1988 12: 38PM 2122640523-> . 5ENT BY: CENANEM EMERGENCY MGMT: 5-J.6--89 '- Robert Tburber Senior Envirollllental Analyat NYSIlEC Iluilding 40, SUHY ea..p1s Stony Brook. N.Y. 11794 , " . . SII6e' a Creak Dear Mr. Thurber I Th1a 18 'to ~orIIl you that lIIl- foot for lIIluazoe 1'oot. Bace'. (l It 1. _ I '~i_. ha1'I! e1.all 1Ia'b1ta+. .. oan bA 1'011"" anph..... !J\ ~o '1'0_ of' Bou~l.ol. r~ho__. tho_ 10 ... oian11'loant popula- tion of oyBtan in this oreek. which Bhoulcl in this brown tide period 1.6 (,ull.11l6...-ttJ. ul16 ut Ul6 t611 l'l6oLII.I.'6l u~ItL6r Wlw16t1l'1nlt :i......~1n<< 1n t.M entire Peconio Bay e.tuuy. Before t.h8 brown tide of 1985. this oreek a.leo WILlI .. habita+. for bq .e8J.lo~. As cha.i2."llall of Southolc! Town'. Waterfront r'evitalbation Oitilllene Advhor:y COIIIIII:l.tt... I will aoon be reeo.....ndins that Safl.'. Cre.k b. in- cluded 1n the N. Y. D. DilJfti,fie&ftt lI&bi tats :pro<<r&lll. This ereek euiJ.y ful- fin. the formuu for bains 8w:!h. More.o than many ~:reeka that have ~ boon ..p~yo<l. ... C1pUioUlt H...i+.a.t. wi~!A Couthold Tewn. ObvioulIly. an)' further disruption in such a produotive hebit&t should Do ..!t'U+.!J\u.... w1+'1\ thosroa..oe. 41llconoo. Tho fae. le. olOOU8h h_ OOlllprollillell have already been enacted wit.h Mother Nature in thill ~ek. te "I~lefy ezq roaaell&~o o8lleo,. ef a ealaaoo BO+'WOOIl MIl and tho aa+.uftl hebi i;a.t. ~~ve:1 .._~ ilL.".. la.LlOUu ............I..w:,y 00. Ch:lliatoplw>> Kelley U.S.~_Carpa of li:Ilg1msUOB . c- ~ 7..-~ p-- ~ , , . May 17, 1989 To Whom It May Ooncern I The followi~g information regardi~g the st~tue of shellfieh i~ the ~age Basin is offered (note that it is not a creek but a man-made basin)1 Hard Olam Habitat - Many other arsas in the Town of Southold havs in the paet and still offer much better clammin~ than the Sage ~sin. Some of these are ae followsl Mill Oreek (Hashamomuck Pond) Goose Creek Jockev Oreek Town Crsek Peters ~sck (Orient) 'Matti tuck Inlet Oorey Cresk Hallock Bay (Orient) Ovster Population - There has never been a~ oyster population worthy of any commercial activity in the Sage Baein. Further, the few oysters in this arsa havs been eliminatsd by ths brown tide as thsy havs in all other areas of Southold Town. This is also true of ths o~ly small mussel arsa in the Sags Basin. Scallop Habitat - Ths Sage Basin has not bee~ a significa~t habitat for scallops since at least 1970. Dredging for scallops has been attempted on a few occaeions with ~egative results. The Basin does not have the type bottom with eel grass in which scallops thrive. Sage Basin to be Recommsnded as Part of a ~.!.S. Significant Habitat Program _ It is difficult to Conceive of a 15 acre man-made basin containing 2 marinas, and bordersd by a conforming Boatyard, a large subdivision (Southold Shorss) and several privats homes being considsred a N.Y.S. Significant Habitat Regio~. The limited quantity of shellfish available and the controls already imposed by N.Y.S D.E.C. and Southold TOwn Trustess make further "outside agencv" controls unnscessary, burdensome, and probably non-enforceabls. The following shellfishsrmen are very familiar with the Sage Basin 17 ;J 1Jld a~ree with the previous te3xt d~.::z-D.tn~2 ~~'-I 1'<.>erT'T HI, Dimitri lion rch .s"'~53.3 , ,07 4th st. 7b<o.v Greenport, ~.Y. 1194 tf)~ar u '"JA ,07 4th St. Gree~. ort, N.Y. 11941t L (.J. '-C~ f.. t..tJrl*7Q1,.e.11J ~\ }J. {.1 "155 r 'O~Ifni.FrJ" roc.. ,. "':;' ~~ I~ 0'1 '1(st/l:t:-;,'f';f' ~::::/-NC) . . MEMORANDUM TO: Frank A. Kujawski, Jr., President, Board of Trustees Valerie Scopaz, Town Planner J-s. FROM: DATE: September 6, 1989 RE: Petition for Grant of Easement by Howard H. and Dorothy Zehner (Site Plan for Young's Marina: SCTM * 1000-057-1-38.3) Robert Berntsson mentioned to me that your office put in a request to the Zehners for a copy of the survey that corresponds to the metes and bounds description that accompanied Schedule B. of the petition. When you receive the survey, it would be greatly appreciated if a copy could be sent to the Planning Board office for the site plan files on Young's Marina. VS cc: Bennett orlowski, Jr., Chairman, Planning Board :Tu1>rT>i TE:I<.(.>.'1, "T'e>,^,'" ~ L .., .) TWOMEY, LATHAM, SHEA & KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET P.O. BOX 39B RIVERHEAD. NEW YORK 11901 THOMAS A. TWOMEY, JR. STEPHEN B. LATHAM JOHN F. SHEA. III CHRISTOPHER D. KELLEY LAWRENCE M. STORM. MAUREEN T. L1CCIONE CATRIONA GLAZEBROOK DAVID M. DUBIN-- 516-727-2180 TELEFAX: 516-727-1767 * ALSO ADMITTED IN CONNECTICUT AND FLORIDA * .ALSO ADMITTED IN LOUISIANA October 12, 1988 Bennett Orlowski, Chairman Planning Board Town of Southo1d 53095 Main Road Southold, New York 11971 Re: Weismann v. Orlowski Dear Mr. Orlowski: U;; ~ 0- 9 NORTH MAIN STREET EAST HAMPTON. N.Y. 11937 516-324-1200 This is to advise you that, pursuant to Section 282 of Town Law, the Planning Board is stayed from further proceedings on the Young's Marina application. This would include issuance of any authorizations or building permits by your Board or the Building Inspector. Swy, ~lf=,eY CK:al cc: James A. Schondebare, Esq. Building Inspector -' , . ~ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York I 197 I TELEPHONE (516' 7"- ~~ s~,:::~ ~ ~J~m:= JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN A TIORNEY TO: FROM: DATE: REF: All Departments James A. Schondebare, Town Attorney Sept. 29, 1988 Young's Marina Attached please find letter from the Army Corps. of . Engineers setting up date for a public meeting at Young's Marina on October 6, 1988, at 10:00 A.M. S-tiJoy.... 27" 8 8 /. . ,. 14:41 U.S. ARMY CORP. eENG. N.F.DI T. 212-2 4-03. 1'.02 ""''''10 .""""OtOl DEPARTMENT OF THE ARMY c( I NEW YORK DI8TRICT. COR'" OF ENOIN'UiR8 y: I JACOS K. JAVITS FEDERAL BUILDING '4".J~ ",W '0.:.;;:;,:.-.... ~j rr.~ 1~'1, ; ?~~ Operations Division Regulatory Functions Branch SlJDJEc.~r: Application No. 87-1377-L2 Ch"i nnan, Board of Trustees Chairman, Planning Board Southold Town Hall P.O. Dox 1179 SouthOld, New York 11971 , , Dear Gentleman: Reference is made of the sUbject application for a permit frOJll the Corps of Engi neers for dredging with upland disposal. !I1ld the expansion and reconstruction of Young's Marina in Sage Basin, Shelter Island Sound at S'OUthOld. Suffolk County. New York. hs a fOllow-u to a conversation Of September 22, 1.988 between myself and members t l1S let e, . serve as confirmation of a pUblic meeting SChedUled for 6,1988 at 10:00 am at Young'S Marina, SouthOld, New York. . a.. meeting wi 11 inclUde a review of COllllllElnts received in response to our Public Notice for the project. SUbject matter will inClUde transportation and SafeLy impacts, inconsistencies with ZOning requirements and environmental impacts, among other isslles. The purpose Of the meeting is to discuss these issues in detail in order that the Corps of Engineers can complete informed deciSion-making all tbe permit ' , , appllcatlon before the agency. We understand that your office has recently authorized the Subject application whicb may have inCluded the review Of the SUbject matter to be diSCUSSed at this PUblic meeting. Would you please advise this offi,'e at your attend this meeting. I can be reach d at, (21Z) regarding this matter. ~_'. earliest convenience if you cannot 264-9053 if you have any questions r , Stav R. Mars Regulatory Specialist Regulatory E'unCtions Branch CF, Supervi$or F'rancis Murphy r Set:. 27,88 14:41 U.S. ARMY CORP.F ENG. N.F.DI T. 212-2 4-W9 P.02 M",y'IO ...,...'... 0# DEPARTMENT OF THI ARMY HIW YORK DIITRICT. CO"". OF IHO'N"'" JACOt K. JAY'" "DI"AL aUILDINO 00 HIW YORK, N.Y. 10178-0010 D ~ 7 SEP 1988 ~ @~~;~ "~ ~ @ -. . "8'--': ~ I jjb SEP ( OperaLions Division Regulatory Functions Branch SlJilJEer: Application No. 87-l377-L2 by Howard Zehner ChRirman, Board of Trustees Chairman, Planning Board Southold TOwn Hall P.O. Dox 1179 SOuthOld, New York 11971 ., , Dear Gentleman: Reference is made of the subjllCt application for a pennit from the corps of F.ngi neers for dredging with upland disPOSal, and the ,expansion and reconstruction Of Young'S Marina in Sage Basin, Shelter Island SOund at Southold, sutton County, New York. 7\s a follow-up LO a conversation Of september 22, 1988 between myself and members of your staff this leller will serve as confirmation of a public meeting schedule(! for Oclober 6, 1988 at 10:00 am at Young's Marina, SOuthold, New York. i'he agenda of the meeting wi 11 include a review of cO/lllllents received in response to our Public Notice for the project. Subject matter will include transportation and Safely impacts, illconsistencies with zoning requirements and environmental impacts, among other issues. The purpose Of the meeting is to discuss lhese issues in detail in order that the Corps of Engineers can complete infonned ,decision-llIaking on the permit application before the agency. We understand that your office has recently authorized the sl~ject application which may have inCluded the review Of the subject matter to be discussed at this public meeting. Would you please advise this offi '8 at your earliest convenience if you cannot attend this meeting. I can be reach at (2121 264-9053 if you have any questions regarding this matter. "'~"'" c. Stev R. Mars Regulatory Specialist Regulatory Functions Branch CF: Supervisor Ftancis Murphy Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., l.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S, Zabdiel A. Blackman, P.E., L.S. , , SIDNEY B. BOWNE & SON 'tf~ rff~ 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 F George A. Style. P,E. Jerry D. Almon!. P.E. George L. Fagan, Jr., Ph, D., P.E. Roland Anders Frank Capobianco Roger l. Cocchi FranCiSJ.Lynch Philip Schlotzhauer Joseph F, Stegman Paul F. Slevens William T. Styne RichardS, Weber Thomas R. Pynchon, L.S. April 6, 1988 Bennett Orlowski, J~ Chairman Southold Town Planning Board 53095 Main Road Southold, New York 11971 Re: Young' s ~1arina, Greenport, N. Y. S. C. T.M. District 1000, Section 057, Block 01, Lot 38.3 SBB NO. 87247 Gentlemen: We have reviewed the revised drainage pl an All comments in our letter dated February addressed. dated r~arch 23, 1988. 24, 1988 have been However, with reference to the location of the existing sanitary leaching basin and its close proximity to drainage area #2, a modification of the design of the drainage in this area will have to be aone should a conflict arise during construction. Please contact our office if you have any questions. Very truly yours, O:gN SON UL E INE R 'lv. ~ R BERT W. BROWN, L. S. RWB:clg ."-1.. . ~:=- PlANNING BOARD MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equal Opportunity EmploVttf' MlFIH "~ ... . . ****************************************************************** * p.e1 * * TRANSACTION REPORT * * SEP-27-88 TUE 14 :38 * * * * DATE START SENDER RX TIME PAGES NOTE * * * * SEP-27 14:36 G3 1'55" 2 OK * * * ****************************************************************** .. , _ _ w _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ rn , " ... sep 27,88 14:41 U.S. ARMY CORP~F ENG. N.F.DI T. 212-2 4-"'9 FROM (N....) :.:::revElv HAe,,:> TO rN.,.,.) Jj~Lil'-.1 '/Jlf::&OtJ') P.Ol 00 [', (p' r:; 0 Wi ~ 00 DJ' I I SF' n '""' I ~ " , ." (" OF'ICa. SY".OL FAC$IMILI HUDER $HEI!T (BR IOS-J_S) TElEPHOHII:HO. fA! ~'2. I .~ .. :0.. .... 0.. IL_ l> C OFI"'CE SVt!41i1 ~ "I~.OIH~I . OTO . . RESOLUTION FOR YOUNG"S MARINA In its environmental and site plan review of this plan to expand the parking area, the Planning Board took into account the following factors in its determination to approve this site plan proposal to expand the parking area: 1. The installation of a drainage system for the parking area. At present, stormwater run-off tends to dis- charge directly from the parking area into the surface waters surrounding the marina because of the clay composition of the soils. The proposed drainage system is designed to catch and filter the runoff before it discharges into the surface waters. The system consists of a two-foot wide collection trench and a catch basin located between the parking area and the surface waters. The trench contains gravel and a perforated pipe. The pipe in the trench is sloped towards one of two four- foot deep leaching basins. These drainage plans have been modified and approved by the Town's Engineering consultants. 2. The installation of landscaping to screen the parking area from view. A supplemental landscape plan will include at least the following elements: A supplemental landscape plan will include horizon- tal and vertical screening through a combination of evergreen shrubs and trees. With all of the above in mind, be it resolved that the Planning Board approve the site plan, survey dated March 23, 1988, for Young's Marina subject to the following conditions: The final Certificate of Occupancy will not be granted until the following have been met: 1. The drainage system has been determined to be working correctly. (During construction, should a conflict arise between the location of the existing sanitary leaching basin and the proposed drainage for drainage area #2, the drainage system must be modified in accordance with the Town Engineer's recommendations, as approved by the Planning Board.) 2. A supplemental landscape plan has been submitted . . which shows a double staggered row of Hetz junipers (Juniperus Hetzi Glaucal planted 4 feet o.c., and a series of clustered red cedars, between four and six feet in height, within the juniper border. The plantings are to be placed between the park- ing area and the surface waters of the marina and the bay. (The drainage system shall lie between the bumper logs of the parking area and these plantings.l . . Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 1988 Mr. Howard Zehner 1670 Sage Blvd. Greenport, NY 11944 RE: Young's Marina SCTM #1000-57-1-38.3 Dear Mr. Zehner: The fallowing action was taken by the Southo1d Town Planning Board on Monday, September 12, 1988. RESOLVED that the Southold Town Planning Board approve the site plan, survey dated March 23, 1988, for Young's Marina subject to the fallowing conditions: The final Certificate of Occupancy will not be granted until the following have been met: 1. The drainage system has been determined to be working correctly. (During construction, should a conflict arise between the location of the existing sanitary leaching basin and the proposed drainage for drainage( area #2, the drainage system must be modified in accordance with the Town Engineer's recommendations, as approved by the Planning Board.) 2. A supplemental landscape plan has been submitted which shows a double staggered row of Hetz junipers (Juniperus Hetzi Glauca) planted 4 feet o.c., and a series of clustered red cedars, betwean four ane-six feet in height, within the juniper border. The. plantings are to be placed between the parking area and the surface waters of the marina and the bay. (The drainage system shall lie between the bumper logs of the parking area and these plantings.) ~.... ~. . It If you have any questions, please do not hesitate to contact this office. BENNETT ORLOWSKI, JR. CHAIRMAN jt <....... .~~" .~ ~. . . RESOLUTION FOR YOUNG"S MARINA In its environmental and site plan review of this plan to expand the parking area, the Planning Board took into account the following factors in its determination to approve this site plan proposal to expand the parking area: 1. The installation of a drainage system for the parking area. At present, stormwater run-off tends to dis- charge directly from the parking area into the surface waters surrounding the marina because of the clay composition of the soils. The proposed drainage system is designed to catch and filter the runoff before it discharges into the surface waters. The system consists of a two-foot wide collection trench and a catch basin located between the parking area and the surface waters. The trench contains gravel and a perforated pipe. The pipe in the trench is sloped towards one of two four- foot deep leaching basins. These drainage plans have been modified and approved by the Town's Engineering consultants. 2. The installation of landscaping to screen the parking area from view. A supplemental landscape plan will include at least the following elements: A supplemental landscape plan will include horizon- tal and vertical screening through a combination of evergreen shrubs and trees. With all of the above in mind,~be it resolved that the Planning Board approve the site plan, survey dated March 23, 1988, for Young's Marina subject to the following conditions: The final Certificate of Occupancy will not be granted until the following have been met:~~ 1. The drainage system has been determined to be working correctly. (During construction, should a conflict arise between the location of the existing sanitary leaching basin and the proposed drainage for,~rainage area #2, the drainage system must be modified in accordance with the Town Engineer's recommendations, as approved by the Planning Board.) 2. A supplemental landscape plan has been submitted . ., . . . which shows a double staggered row of Hetz junipers (Juniperus Hetzi Glauca) planted 4 feet o.c., and a series of clustered red cedars, between four and six feet in height, within the juniper border. The plantings are to be placed between the park- ing area and the surface waters of the marina and the bay. (The drainage system shall lie between ( the bumper logs of the parking area and these -J plantings. ) ,;:~ "\ "~ . - Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 31, 1988 Merlon Wiggin Peconic Associates,Inc. One Bootleg Alley Greenport, NY 11944 RE: Youngs Marina SCTM #1000-57-1-38.3 Dear Mr. Wiggin: The following action was taken by the Southold Town Planning Board on Tuesday, August 30, 1988. RESOLVED that the Southold Town Planning Board send this site plan, survey dated March 23, 1988, to the Building Department for certification. If you have any questions, please do not hesitate to contact this office. Verv truly yours, /'? _/f?l / /~/~ .--..l ./~d.'- .,) ./~.:/ ,f,// ,/ , /' '1~-1! ,'/ ' , , .' . .' -," ,-"",,-")I'-J, , .',' ..,.' /" . ,.'/ ,.' . I '~_.<" '~..r T/ (/ ..../ I' /,/ .. u.,,~- <, ,/ ./ . ' f /"--)_{/1/1fitl~"'- ..r o/v .' ." , v BENNETT ORLOWSKI, JR. . .f i CHAIRMAN :, cc: Building Department jt \'f' . . ( --I) - ! - , j . -",' Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (5161765-1809 APPEALS BOARD MEMBERS GERARD P_ GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR_ SERGE DOYEN, JR_ ROBERT J_ DOUGLASS JOSEPH H_ SAWICKI March 15, 1988 Mr. Merlon Wi99in, President Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944 Re: Appl. No. 37005E - Howard Zehner (Youngs Marina) Dear Mr. Wi ggin: After considering the circumstances of the preexisting and conforming status of the subject premises and after considerable discussions with the Town Attorney's Office, this letter will confirm that it is the position of this Board that your project for the elongation of existing boat slips/docks does not require approval from this Board. It is our interpretation that consideration by the Board of Appeals would be necessary for projects inVOlVing nonconforming uses, newly created uses, or new buildings, in this "C-Light Industrial" Zone District. Copies of this interpretation are being furnished to all other departments having jurisdiction in this project for their records. Please feel free to call if you have any questions. Yours very truly, 1 k cc; GERARD P. GOEHRINGER CHA I RMAN Planning Board Office~ Building Department Offices James A. 5chondebare, Town Attorney Robert H. Berntsson, Assistant Town Town Trustees Office Attorney . . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 27, 1988 Merlon Wiggin P.O. Box 672 Greenport, NY 11944 RE: Young's Marina SCTM #1000-57-1-38.3 Dear Mr. Wiggin: The fOllowing action was take by the Southold Town Planning Board on Monday, July 25, 1988. RESOLVED that the Southold Town Planning Board make a determination on this site plan under the State Environmental Quality Review Act of nonsignificance. This parcel is located on Sage Blvd. at Greenport. If you have any questions, please do not hesitate to contact this office. BENNETT ORLOWSKI,JR. CHAIRMAN jt , . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1938 "\- "," "" ".".~">.'\ ",'",,-#/'" t.".~ '.~ .~dj:~i"Gj ""-, ).. > ",\, ,.~ ') " ,l,.i ~.;~~,; ;,':;.:~1" '":":':'_ ''''''~ . ,,' ;. v' ,'.' _"'~_'~-,d :".:;Fa ,/ ~"."" ,'~' '"'~~':'*Jo~.,.;\i "."q, , '"",.; ,1 :"~:o..'.'" ;2~.~:-~,.f ~~~ ." ..... PLANNING BOARD OFFICE TOWN OF SOUTHOLD 08/09/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. " DESCRIPTION OF ACTION The site plan of Youngs Marina located on Sage Blvd. at Greenport. SCTM #1000-57-1-38.3 The project has been determined not to have a significant effect on the environment for the fOllowing reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to OCcur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Environmental conservation in the allotted time, the project is not anticipated to have any impacts to threatened or endangered species identified in NYCRR part 182. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. . , Copies mailed to the fOllowing: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Town Board Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board e(" ROBERT H. BERNTSSON ASSISTANT TOWN A ITORNEY .. JAMES A. SCHONDEBARE TOWN A TroRNEY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: FROM: DATE: SUBJECT: Valerie Scopaz Robert H. Berntsson, April 12,1988 Young's Marina aK6 Assistant Town Attorney You inquired whether the Planning Board could declare itself "lead agency" under SEQRA in considering site plan approval on the above referenced project. Under the SEQRA regulations you must advise other interested agencies of your intention to be lead agency. The regulations provide the procedure to be followed for a determination of lead agency as well as procedures for instances where lead agency cannot be agreed upon. At this time I see no bar to your intention of becoming lead agency. . -- JAN 28 1988 PECONIC ASSOCIATES, INC. Engineering, Marine & Energy Consultants Environmental Planning One Bootleg Alley P.O. Box 672 Greeopert, New York 11944 (516) 477.(}030 January 28, 1988 Mr. Bennett Orlowski, Jr. - Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, L. I. New York - 11971 Re: Young's Marina SCTM # 1000-57-1-38.3 Dear Mr. Orlowski: Reference is made to your letter of December 28, 1987. Enclosed herewith are six (6) copies of the Revised Site Plan including a blow-up of the proposed parking and drainage plan to a scale of 1" = 20' in accordance conversation with Dick Ward. Copies of the revised plan including the parking and drainage layouts have been also transmitted to the Z.B.A. as per your request. Sincerely, PECONIC ASSOCIATES, INC. /1uk 6' -zdf~~ Merlon E. Wiggin, Ph.D. ,M.E. President Enclosures: 6 Copies of Revised Site Plan 6 Copies of Proposed Parking and Drainage Plan. cc: Mr. Howard Zehner MEW/iw , T D . Southold, N.Y. 11971 (516) 765-1938 Chronology of Events for Proposed Amendment to Site Plan for Youngs Marina, as evident in file SCTM ~1000-57-1-38.3 8-24-87 9-8-87 9-18-97 9-25-87 10-2-87 Zehners submitted preliminary proposal to Victor Lessard. copy submitted to Planning Board. Zehners informed that site plan approval would be required, that a Special Exception would be needed to expand the marina, that a permit would be required from the Trustees for the dredging. Merle Wiggin submitted to the Planning Board a letter and a preliminary layout depicting the change from 91 boat slips to 138 boat slips. The letter noted that the Trustees had lead agency status on the dredging application. A determination was requested as to whether Planning Board needed to review the plans since no changes were being made to the upland facilities and no bulkheads were being installed. At its work session, the Planning Board decided to ask for a site plan application. It also requested that the justification for the number of proposed parking spaces be presented (e.g. on basis of number of permanent and transient boat slips); that the location of the pumping out tank be shown, that the existing proposed grades,drainage calculations for on-site runoff and landscape plans for the parking area be included. The scale of the plan was to be I" = 20'. Planning Board received negative declaration statement from Town Trustees on unlisted action involving the dredging, enlargement and rebuilding of the marina. Planning Board sent Mr. Wiggin a letter requesting a complete site plan. 10-14-87 Six site plans, application fee and long environmental assessment form are submitted to the Planning Board office. 10-20-87 Town Planner sent letter to Mr. Wiggin stating that Planning Board will be unable to proceed with its review until site plan is revised to include: . . 1) calculations in support of proposed number of parking spaces, 2) actual locations and dimensions of said space, 3) route of access to proposed parking. 12-7-87 Three copies of revised preliminary plans are submitted to the Planning Board office. 12-11-87 Planning Board reviews revised map at work session and again finds that scale, which must be at 1" = 20', is not correct; that plans must include drainage and must show entire site as it exists. Further, the plans were not signed and sealed by a licensed professional as required by Town's code. 12-21-87 Trustees grant approval subject to seven (7) conditions. 12-28-87 A letter was sent to Merle Wiggin requesting stamp and signature on plan; provisions for on-site drainage, scale at 1" = 20', handicapped parking, manuevering room between boat lift and parking area. Applicant was also reminded that a Special Eception to expand the marina use was required of the Zoning Board of Appeals prior to the issuance of site approval. 12-31-87 Zoning Board of Appeals notifies applicant of need to obtain Planning Board input in anticipation of a February hearing date. 2-19-87 date unknown 2-24-88 2-26-88 3-7-88 3-11-88 3-14-88 Town Planner sent Mr. Wiggin a letter requesting specific revisions to site plan; specifically additions to landscaping, changes to parking layout and indication of type of space markers at request of Planning Board. Drainage plans sent to Sidney B. Bowne's office for review. Town Planner met with Howard Zehner and Merle Wiggins to discuss site plan. Revised site plans submitted that reflect our meeting of 2-24-88. Letter includes justification for parking. (February 24th letter from Sidney B. Bowne arrives. Not properly filed. See 3-11-88,3-14-88. Applicant verbally requests site inspection.) Site inspected in field during rainstorm by Bennett Orlowski, Jr. Chairman, Dick Ward-Board member, Valerie Scopaz- Town Planner, and Melissa Spiro- Assistant Planner. Inspection report notes that drainage is inadequate and that additional landscaping is needed. Sidney Bowne's February 24th report taken over phone. February 24th letter, or copy of same, from Sidney Bowne office arrives. Specific revisions requested, along with additional information. . , Date unknown 3-24-88 4-11-88 4-12-88 4-14-88 4-20-88 4-'25-88 ~ . Revised drainage maps sent to Sidney B. Bowne for their review. Additional information submitted as per the February 24th comments by Sidney Bowne. Planning Board declares itself lead agency in the site plan matter of expansion of the parking area; starts SEQRA review process, (Public Hearing). Planning Board receives Sidney Bowne's report of 4-6-88 that all comments in their February 24th letter have been addressed. However, Sidney Bowne's office that, in the field, during construction, there maybe a conflict between the existing sanitary leaching basin and the proposed drainage area #2, upon which a mondifiaction will have to be made in the design of the proposed drainage. Memo from Assistant Town Attorney reaffirming right of Planning Board to pursue lead agency status on site plan application. Planning Board receives April 19th letter of Merle Wiggin protesting Planning Board's initial decision to take lead agency on the action of reviewing the site plan for the proposed expansion of the parking area and the proposed facilities for on-site retention of stormwater runoff from the parking area. Planning Board accepts and requests compliance with 4-6-88 report of Sidney Bowne's at a public meeting. . . . PECONIC ASSOCIATES. INC. E'ngineerinll. Marine & Energy Consultants Environmental Planning ~ One Buutleg Alley P,O, !lux b72 Greenpurl. New Yurk 111J44 (SI6) 471.Q030 April 19, 1988 Mr. Bennett Orlowski, Jr. - Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, L. 1. New Yo.rk - 11944 Dear Mr. Orlowski: Re: Young's Marina SCTM # 1000-57-1-38.3 Reference is made to your April 13th letter in which you report that the Southold Town Planning Board declare itself Lead Agency under the State Environmental Quality Review Act for subject project. It is my opinion that this action is in violation of both the intent and proceedings of the State Environmental Quality Review Act. There should be only one (1) Lead Agency for each action, which is the coordinator of reviews of other agencies. Reference is made to Section 617.1 (e), sub-paragraph (2) - (copy enclosed). The Southold Town Board of Trustees by Resolution declared them Lead Agency on August 28, 1987 (copy enclosed). The Planning Board, as well as other agencies, was copied. It is now contrary to SEQRA Proceedings to start another environmental review process. Reference is made to Section 617.3, sub-paragraph (h) - (copy enclosed). Other involved agencies, which includes the Planning Board, have a responsibility to provide information to the Lead Agency (the Trustees) inClUding participation in the public hearing which was held. Reference is made to Section 617.3, sub-paragraph (i) - (copy enclosed). ,- . . . Mr. Bennett Orlowski April 19, 1988 Page 2 For the Planning Board now to consider their particular area of review as a separate action, that is separate from the Trustees, is considered segmentation and is contrary to the intent of SEQRA. Reference is made to Section 617.3, sub- paragraph (k), and its sub-paragraph 1 (copy enclosed). The Planning Board now, at this late date, in initiating a separate SEQRA proceedings, is creating an unfair and unwarranted delay on the part of the applicants, also contrary to the intent of SEQRA. Reference is made to Section 617.3, sub-paragraph (1) - (copy enclosed). Even though it is not a requirement, SEQRA encourages coordinated reviews for unlisted actions. The Trustees met the requirements of coordinated review by distribution of the of appropriate documents to all of the involved agencies. Reference is made to Section 617.6, sub-paragraph (c), (1) - (copy enclosed). Even if you, by some stretch of the imagination, considered that the Trustees did not do a coordinated review, it is still inappropriate at this date to entertain making a Positive declaration. Reference is made to the last sentence of Section 617.6, sub-paragraph (d), sub-paragraph (3) - (copy enclosed). Again, emphasize that only one (1) agency can be Lead Agency. If the Planning Board wished to be Lead Agency, then the procedures in Section 617.6, sub-paragraph (e) should have been followed (copy enclosed). As prefaced at the beginning of this letter, it is my sincere opinion that your Declaration of April 13th duplicating Lead Agency Status, is not in accordance with the State Environmental Quality Review Act. In the interest of fairness, good government, and following procedures of which the intention is to protect the environment, respectfully request reconsideration of your resolved actions. . . r Mr. Bennett Orlowski April 19, 1988 Page 3 If you have any questions, it is also suggested that you contact the appropriate State officials for their assistance in making the appropriate determination of proceedings. Sincerely, PECONIC ASSOCIATES, INC. ~c~~~ Merlon E. Wiggin, Ph.D.,M.E. President cc: Mr. Howard Zehner with Attachments Ms. Marie Ongioni with Attachments Robert A. Greene, D.E.C., Stony Brook with Attachments Commissioner Thomas C. Jorling, D.E.C., Albany with Attachments Stephen Mars, Army Corps of Engineers with Attachments Southold Town Board of Trustees Southold Town Conservation Advisory Council with Attachments Southold Town Building Department with Attachments Southold Town Zoning Board of Appeals with Attachments James A. SChondebare, Southold Town Attorney with Attachmenfs File with Attachments MEW/iw . T . D Southold, N.Y. 11971 (516) 765-1938 April 13, 1988 Merlon Wiggin Peconic Associates 1 Bootleg Alley Greenport, NY 11944 RE: Young's Marina SCTM #1000-57-1-38.3 Dear Mr. Wiggin: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board declare itself Lead Agency under the State Environmental Quality Review Act. If you have any questions, please do not hesitate to contact this office. jt Very truly yours, 0~ u~6<. J # BENNETT ORLOWSKI,JR~ CHAIRMAN Jx . . 9617.1 SECTION,617.1f'AUTHORITY, INTENT AND PURPOSE. (a) This Part is adopted pursuant to section 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act (SEQR). (b) In adopting SEQR, it was the Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air, water, land, and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. (c) The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision- making processes of State, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant effect on the environment, and if it is determined that the action may have a significant effect, prepare or request an environmental impact statement. (d) It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be ~ given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this Part that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision- making processes of State, regional and local agencies. It is not the intention of SEQR that environmental factors,be the sole consideration in decisionmaking. Te)l This Part is intended to provide a statewide regulatory frame- work for the implementation of SEQR by all state and local agencies. It includes: (1) procedural requirements for compliance with the law; - (2)< provisions for coordinating ,multiple agency environmental r~lews, t.b'OugQ.il.~le.. 'l..ad.agency~ sect.i;;:617. 6 -of " th is' Part); f ' (3) criteria to determine whether a proposed action may have a significant effect on the environment (section 617.11 of this Part); (4) model assessment forms to aid in determining whether an . . ~ / HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOllfHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 28, 1987 Mr. Merlon Wiggin Peconic Associates, rne. One Bootleg Alley Greenport. New York 11944 Re: Youngs Marina - Application No. 574 Dear Mr. Wiggin: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27. 1987 regarding the above matter. . RESOLVED that the ,Southold Town Trustees declare itself lead agency in, r~g,ard to.the~ta~e En,viron~e.n!lltJ1~~ti:l,eYi.ei'",~':it., in the ,.~":~t~Z;_c;'L.~~,~pp~c~t~gp,,of PeCOlllC Asso(:1a.t~s, Inc;on. behalf ,of. Youngll",~a:rlna.f()r~,i!; ,. . Wetland Permit on certain property located ?11. Sage Road. Southold. Very truly yours. ~~~.~ Henry P. Smith. President Board of Town Trustees HPS:ip cc: Robert A. Greene. D. E. C., Stony Brook Commissioner Henry G. Williams. D.E.C.. Stephen Mars. Army Corps of Engineers Thomas Hart. Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File Planning Board Albany . . ~ . ., " 't' HENRY P. SMITH. President . JOHN M. BREDEMEYER. Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOlTTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: September 25. 1987 APPLICATION NO.: 574. NAME: PECONIC ASSOCIATES ON BEHALF OF YOUNGS MARINA This notice is issued pursuant to the prOV1S10ns 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 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: To enlarge and rebuild marina for 138 boats to include 4 main docks and 6'1 fing'cr piers and approx. 2900 cu. yds. of dredging. LOCATION: Sage Road, Southo1d. REASONS SUPPORTING THIS DETERHINATION: 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. . -,' . , y'- ~oard of Trustees Page 2. . For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C.. Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file Peconic Associates on behalf of Youngs Marina V Howard Zehner -.;~ '~ . . -g- 9617.3 ~ (2) engaging in review of any part of an application to deter- mine compliance with technical requirements, provided that no such deter- mination shall entitle or permit the applicant to commence the action unless and until all requirements of this Part have been fulfilled. (d) An agency which must make a legislative decision, such as rezoning, need not apply SEQR to its legislative decision process if the agency determines that the action will not be entertained. (e) An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. (f) An application for agency funding or approval of a Type I or Unlisted action shall not be complete until: (1) a negative declaration has been filed; or (2) until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the SEQR process Shall run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation, review and public hearings with respect to the draft EIS. (g) The lead agency Shall make every reasonable effort to involve applicants, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of signi- ficance and to identify areas of controversy relating to environmental issues, thereby focusing the issues requiring in-depth analysis in an EIS. ~ (h) . The effect of an. applicant or agency exercising due diligence in\ identifying all other agencies having funding or approval authority over the action, and of the agency or appl i cant providi ng..!!,i.tte"."!lti ce of the agency's determination of enviro~~ental significance to such other .'''. .. "~._., *"'^"".-..----..".---...- . involved agencies, shall be that unless an involved agency formally - ....---- ..', --~._~~"--'--'. objects to the establishment of lead agency pursuant to section 617.6(e) . - .--..--..-.---___ -_ ~_w_,__.~" .__._. _ __," of this Part, no other involved agency may later require the preparat.ion of an EIS in connection with the action. (i) Each agency involved in a propo_sed..!lc:~.io_n.~as the responsibility to provide the lead agency with information it may have which may assist the lead agency in making its det~~ination of significance, to identify .. '~~ ,'~ . . ( ....;..1) -9- ~617 .3:.' ~ (2) engaging in review of any part of an application to deter- mine compliance with technical requirements. provided that no such deter- mination shall entitle or permit the applicant to commence the action unless and until all requirements of this Part have been fulfilled. (d) An agency which must make a legislative decision. such as rezoning, need not apply SEQR to its legislative decision process if the agency determines that the action will not be entertained. (e) An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. (f) An application for agency funding or approval of a Type I or Unlisted action shall not be complete until: (1) a negative declaration has been filed; or (2) until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the SEQR process shall run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation, review and public hearings with respect to the draft EIS. (g) The lead agency shall make every reasonable effort to involve applicants, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of signi- ficance and to identify areas of controversy relating to environmental issues, thereby focusing the issues requiring in-depth analYSis in an EI S. , (h) The effect of an applicant or agency exerClslng due diligence in identifying all other agencies having funding or appro~~~.~~!~~rity over the action, and of the agency or applicant providing written notice of ----- ----- .---.- - the a~ency's determination of environme~~~l_~i1~if!~_~n~e to such other involved agencies, shall be that unless an involved agency formally objects to the establishment of _le-ad__allen<:.tP-u~~~~:n.C.fo'section 617.6(e) of this Part, no other involved agency may later require the preparation of an EIS in connection with the action. e 1) Each agency i nvo lved i.n_~.J!!"9P.Q.S~_<<L'lct i on ha.Lt.h~!:es'pons i_b~l~ ty to provide the lead agency with informatjO[1.it..m~.Y~~V~__W.~jsh.:,!!~l. ~s~Jst the lead agency in making its detq~ination of significance, to identify . .. .~....._-,~._.. .... "-..- ..-.. .- ";;..r t\ ", \.. . . -10- 9617.3 I; issues in the scoping process, to comment in a timely manner on the EIS ~. dLH has .concerns which need to be addressed and to participate as may If be n~eded in any pub 1 i c heari ng. Other agenci es interested in a proposed action are strongly encouraged to make known their views on the action, i\ particularly with respect to. their areas of expertise and jurisdiction. et (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEQR. (k) Actions commonly consist of a set of activities or steps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation). Th.!tJ1.l]tire set of activities or steps shall be consid~red the action, whethEl.rthe agency decisionmaking relates to the action as a whole or to only a part of it. (1) Considering only a part. or.: segm~nt .o.f.an action is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessaty, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in sectlon 617.8(g) of this Part. (1) Agencies shall carry out the terms and requirements of this Part with minimum procedural and administ;ati-~e- delay,. shall avoid unnecessary dup1 icat i on of report i ng and revi ew r.equi rements by' provi di ng, where feasible, for combined or consolidated proceedings, and shall expedite all SEQR proceedings in the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. .".Aol,. "!-- ~ """ . . -10- ~617 .31 issues in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEQR. (k) ""Actions conmonly consist 0(, a set of activities or steps (e.g. ,;' for,"~apital projectsJ~e act i vlt'!,.E!s may Jnc1ude p1anni ng, desi gn, ,. contracting, demolition, construction and operation). _, The entireJet of" ,.,.,;-...-. . .~,...' ."" ,. ..", ,.' ," ,,^ .,-."- - """'- actlyi tiesor,stepssha 11. beconsi d_~!,~,d, ,t,heact.!on" whether__th~_agency",:, decisionmaking relates ,to the action as,.~"w.~ole,orto only a,ll-art.. lU__.it'J (1) Consideril)gon1y apart or segment of an action is contrary, ' ...... -.. , '. ,'. -,--- ...._----~_._-".., . to the intent of SEQR.If a lead agency believes that circumstances ~9~ . _' : warrant a segmented review, it must clearly state in_its determination " o~ ,s.ignificance and any subsequent EIS the supporting reasons and must", demonstrate that ,such review is clearly no less protective of the , environment. ,Related actions Should be identified and ,discussed to the --'. fullest extent pos~ib1e. & (2) If it is determined that an EIS is necessaty, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in sectlon 617.8(g) of this Part. (1) Agencies Shall carry out the terms and requirements of this Part - --'''---- with minimum procedural and administrative delay, shall avoid unnecessary duplication,Of reporting and review requirements by' providing, where feasible, for combined or consolidated proceedings, and shall expedite all SEQR proceedings in the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. ,"'''' ";.r . . -10- " ~617 .3" issues in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEQR. (k) Actions commonly consist of a set of activities or steps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation). Th~~,~tjre set of activities or steps shall be considered the action, whether~he agency decisionmaking relates to the action as a whole or to only a part of it. (1) Considering only a p_a':..t_or segmen_t_~f_ _~n_ac_tion is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessaty, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in sectlon 617.8(g) of this Part. (1) Agencies shalt~~rry out the terms and requirements of this Part ... '< '~-'---'---" with minimum procedural and administrative delay~-shall avoid unnecessary'" dupHcation of reporting and revi:_w_ r_equ}r~ml!~~T by- providing; where feasible, for combined or consolidated proceedings: and shall expedite ~ all SEQR proceedings in the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. .":~ ~ j,.F . . -15- 9617.6 " EAF, or any additional information reasonably necessary to make that determination. (b) Lead agency procedures when more than one agency is involved: (I) For all Type I actions and for coordinated review of Unlisted actions involving more thanon~..!IJlE!~cy,a lead agency must be established prior to a determination_Qf...~ignificance. For Unlisted actions where there will be no coordinated review, the procedures in section 617.6(d) of this Part must be followed. (2) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it must, in accordance with section 617.10(b) of this Part, promptly notify the applicant and all other involved agencies, in writing, that it is the lead agency and that an EIS is required. (3) The lead agency shall continue in that role until either a negative declaration is filed, a findings statement is filed, or a lead agency is re-established in accordance with section 617.6(f) of this Part. (c) Jime periods for coordinated review: (1) When an agency proposes to directly undertake or receives an application for funding or approval for a Type I action or an Unlisted action undergoing coordinated review in which other agencies are involved, it shall, as soon as possible, mail the EAF, with Part I completed by the prOject sponsor, or ~__~raft EIS and a copy of any appl iil. cation it has received to .all Jlll!9lved ag~.~c:i_~s_ notifying them that a 'I lead agency must be agreed upon within 30 calendar-iiays-O(the-date the .,",.....~.,,'<II~'.-. . ~_ ". _.. ._.~ ;. EAF or draft EIS was mailed to thellJ. (2) The lead agency shall d~termine the significance of the action within 20 calendar days of its~stablishment as lead agency, or within 20 calendar days of its receipt of all information it may reason- ably need to make the determination of significance, whichever occurs later, and shall immediately file the determination in accordance with section 617.10 of this Part. (d) Uncoordinated review for Unlisted actions involving more than one agency: (1) As early as possible in the formulation of plans for an Unlisted action, and before any authorization is granted which commits an "~ . . -16- ~617.6 ~ Jgency to a particular action, or within 20 calendar days of its receipt of an ~pplication and an EAF, and other reasonably necessary information, an agency shall make a determination of significance. (2) When an agency determines that an Unlisted action may have a significant effect on the environment, coordinated review and notifica- tion in accordance with subdivisions (b) and (c) of this section is required. (3[ When an agency determines that an Unlisted action will not have a significant effect on the environment, the coordinated review and notification procedures set forth in subdivisions (b) and (c) of this section are optional. For uncoordinated review of Unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency when making its deter- mination. At any time prior to an,age~r.y,~~ii-;~ld;~iSi~~,that agency's., ~ . negative declaration may be superseded by a positive declaration issued.~ by any other )nvolved agency. ;; (e) Actions for which lead agency cannot be agreed upon: (1) If, within the 30 calendar days allotted for establishment of lead agency, the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may request, by certified mail or other form of receipted delivery to the commissioner, that a lead agency be designated. Simultaneously, copies of the request must be sent by certified mail or other form of receipted delivery to all involved agencies and the applicant. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated by the commissioner. (2) The request must identify each involved agency's jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in paragraph (5) of this subdivision, and must state that all comments must be submitted to the commissioner within 10 calendar days after receipt of the request. (3) Within 10 calendar days of the date a copy of the.request is received by them, involved agencies and the applicant may submit to the commissioner any comments they may have on the issue. Such comments must contain the information indicated in paragraph (2) of this sub- division. 1" ' ,; "/ ,,' . . -16- . ~617.6 I ~gency to a particular action, or within 20 calendar days of its receipt of an ~pplication and an EAF, and other reasonably necessary information, an agency shall make a determination of significance. (2) When an agency determines that an Unlisted action may have a significant effect on the environment, coordinated review and notifica- tion in accordance with subdivisions (b) and (c) of this section is required. (3) When an agency determines that an Unlisted action will not have a significant effect on the environment, the coordinated review and notification procedures set forth in subdivisions (b) and (c) of this section are optional. For uncoordinated review of Unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency when making its deter- _' ..__ ~"__ _...._M.._.._"....._ '~'_'. .___~. mination. At any time prior to an ag~final decision, that agency's . - negative declaration may be superseded by a positive declaration issued by any other involved agency. (e) Actions for which lead agency cannot be agreed upon: (1) If, within the 30 calendar days allotted for establishment of lead agency, the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may request, by certified mail or other form of receipted delivery to the commissio,~,~.r.~c_~hat a, lead agency be designated. Simultaneously, 'copies of"Jhe request must be sent by certified maflor,othe.r form of receipted de}ivery to all involved agencies and the applicant. Any agency raising a gispute must be ready to assume the lead agency functions if such agency ;s designated by the commissioner. (2) The request must identify each involved agency's jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in paragraph (5) of this subdivision, and must state that all comments must be submitted to the commissioner within 10 calendar days after receipt of the request. (3) Within 10 calendar days of the date a copy of the,request is received by them, involved agencies and the applicant may submit to the commissioner any comments they may have on the issue. Such comments must contain the information ir~cated in paragraph (2) of this sub- division. " ""-~ ~. ,. ,/~ .. . . ~ . -17- ~617.6 J (4) The commissioner shall designate a lead agency within 20 calendar days, of the date the request is received, or within 20 calendar days of the receipt of any supplemental information the commissioner has required, based on a review of the facts, the criteria below, and any comments received. . (5) .The following criteria, in order of importance, shall be used by the commissioner to designate lead agency: (i) whetner the anticipated impacts of the action being considered are primarily of statewide, regional, or local significance, (i.e., if such impacts are of primarily local significance, all other considerations being equal, the local agency involved shall be lead agency);, (ii) which agency has the broadest governmental powers for investigation of the impact of the proposeci'acffon; and (iii) which agency has the greatest capability for pro- ....<'U';.,-.',~-..1ti;~;tot,t.'li;..:(t\....~.,..._..,' viding the most thorough environmental assessment of the proposed action. (6) Notification of the commissioner's designation of lead agency shall be mailed to all involved agencies and the applicant. (f) Re-establishment of lead agency: (1) Re-establishment of lead agency may occur by agreement of all involved agencies in the following circumstances: (i) for a supplement to a final EIS or generic EIS; (ii) upon failure of the lead agency's basis of jurisdic- tion; (iii) upon agreement of the applicant, prior to the accep- tance of a draft EIS. (2) Disputes concerning re-establishment of lead agency for a supplement to a final EIS or generic EIS are subject to the designation procedures contained in section 617.6(e) of this Part. (3) Notice of re-establishment of lead agency must be given by the new lead agency to the applicant within 10 days of its establishment. (g) Determining significance: (1) The lead agency must determine the significance of any Type or Unlisted action in writing in accordance with this section and section 617.11 of this Part. -'\~ ',;..r ,- - D Southold, N.Y. 11971 (516) 765-1938 April 26, 1988 Mr. Howard Zehner 1670 Sage Blvd. Greenport, NY 11944 RE: Young's Marina SCTM #1000-57-1-38.3 Dear Mr. Zehner: . The following action was taken by the Southo1d Town Planning Board on Monday, April 25, 1988. RESOLVED that the Southo1d Town Planning Board accept and request compliance with the Engineer's report dated April 6, 1988. If you have any questions, please do not hesitate to contact this office. jt Very truly yours, &/f2flUft; (rU{)<...U~J1 BENNETT ORLOWSKI,JR. CHAIRMAN ~ ,". Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, l.S. Zabdiel A. Blackman, P.E., L.S. . . SIDNEY B. BOWNE & SON 'if~ fff~ 45 Manor Road Smithtown, N. Y. 11 787 (516) 724-0611 f4 George A. Style, P E. Jerry D. Almont, PE. George L. Fagan, ~Ir., Ph.D., PE. Roland Anders Frank Capobianco Roger L. Cocchi FrancisJ. Lynch Philip Schlotzhauer Joseph F. Stegman Paul F. Slevens William T. Styne Richard B. Weber Thomas A. Pynchon, l.S April 6, 1988 Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 M a inRoad Southold, New York 11971 Re: Young's Marina, Greenport, N. Y. S. C. T.M. District 1000, Section 057, Block 01, Lot 38.3 SBB NO. 87247 Gentlemen: We have reviewed the revised drainage plan All comments in our letter dated February addressed. dated March 23, 1988. 24, 1988 have been However, with reference to the location of the existing sanitary leaching basin and its close proximity to drainage area #2, a modification of the design of the drainage in this area will have to be done should a conflict arise during construction. Please contact our office if you have any questions. Very truly yours., L. S. RWB:clg rn' ....1 MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equ.' Opportunity Employer MIFIH .'.~ . ~/}J~1V'"f~ PECONIC ASSOCIATES. INC. f::ngineerinll. Marine" Energy Consultants Environmental Planning One Boo~e& Alley P.O. Box b7~ Gt..nporl. New York 11\144 (516) 417.()()30 April 19, 1988 Mr. Bennett Orlowski, Jr. - Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, L. 1. New York - 11944 Dear Mr. Orlowski: Re: Young's Marina SCTM # 1000-57-1-38.3 Reference is made to your April 13th letter in which you report that the Southold Town Planning Board declare itself Lead Agency under the State Environmental Quality Review Act for subject project. It is my opinion that this action is in violation of both the intent and proceedings of the State Environmental Quality Review Act. There should be only one (1) Lead Agency for each action, which is the coordinator of reviews of other agencies. Reference is made to Section 617.1 (e), sub-paragraph (2) - (copy enclosed). The Southold Town Board of Trustees by Resolution declared them Lead Agency on August 28. 1987 (copy enclosed). The Planning Board, as well as other agencies, was copied. It is now contrary to SEQRA Proceedings to start another environmental review process. Reference is made to Section 617.3, sub-paragraph (h) - (copy enclosed). Other involved agencies, which includes the Planning Board, have a responsibility to provide information to the Lead Agency (the Trustees) including participation in the public hearing which was held. Reference is made to Section 617.3, sub-paragraph (i) - (copy enclosed). . . Mr. Bennett Orlowski April 19, 1988 Page 2 For the Planning Board now to consider their particular area of review as a separate action, that is separate from the Trustees, is considered segmentation and is contrary to the intent of SEQRA. Reference is made to Section 617.3, sub- paragraph (k), and its sub-paragraph 1 (copy enclosed). The Planning Board now, at this late date, in initiating a separate SEQRA proceedings, is creating an unfair and unwarranted delay on the part of the applicants, also contrary to the intent of SEQRA. Reference is made to Section 617.3, sub-paragraph (1) - (copy enclosed). Even though it is not a requirement, SEQRA encourages coordinated reviews for unlisted actions. The Trustees met the requirements of coordinated review by distribution of the of appropriate documents to all of the involved agencies. Reference is made to Section 617.6, sub-paragraph (c), (1) - (copy enclosed). Even if you, by some stretch of the imagination, considered that the Trustees did not do a coordinated review, it is still inappropriate at this date to entertain making a positive declaration. Reference is made to the last sentence of Section 617.6, sub-paragraph (d), sub-paragraph (3) - (copy enclosed). Again, emphasize that only one (1) agency can be Lead Agency. If the Planning Board wished to be Lead Agency, then the procedures in Section 617.6, sub-paragraph (e) should have been followed (copy enclosed). As prefaced at the beginning of this letter, it is my sincere opinion that your Declaration of April 13th duplicating Lead Agency Status, is not in accordance with the State Environmental Quality Review Act. In the interest of fairness, good government, and following procedures of which the intention is to protect the environment, respectfully request reconsideration of your resolved actions. . . , Mr. Bennett Orlowski April 19, 1988 Page 3 If you have any questions, it is also suggested that you contact the appropriate State officials for their assistance in making the appropriate determination of proceedings. Sincerely, PECONIC ASSOCIATES, INC. ~c~~~ Merlon E. Wiggin, Ph.D.,M.E. President cc; Mr. Howard Zehner with Attachments Ms. Marie Ongioni with Attachments Robert A. Greene, D.E.C., Stony Brook with Attachments Commissioner Thomas C. Jorling, D.E.C., Albany with Attachments Stephen Mars, Army Corps of Engineers with Attachments Southold Town Board of Trustees Southold Town Conservation Advisory Council with Attachments Southold Town Building Department with Attachments Southold Town Zoning Board of Appeals with Attachments James A. SChondebare, Southold Town Attorney with Attachments File with Attachments MEW/iw s . T D Southold. N.Y. 11971 (516) 765-1938 April 13, 1988 Merlon Wiggin Peconic Associates 1 Bootleg Alley Greenport, NY 11944 RE: Young's Marina SCTM *1000-57-1-38.3 Dear Mr. Wiggin: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board declare itself Lead Agency under the State Environmental Quality Review Act. If you have any questions, please do not hesitate to contact this office. jt Very truly yours, ~~~ CHAIRMAN Jx . . 9617.1 ~ SECTION 617 .1~' AUTHORITY. INTENT AND PURPOSE. (a) This Part is adopted pursuant to section 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act (SEQR). (b) In adopting SEQR. it was the Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air. water. land. and living resources. and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. (c) The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning. review and decision- making processes of State. regional and local government agencies at the earliest possible time. To accomplish this goal. SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant effect on the environment, and if it is determined that the action may have a significant effect, prepare or request an environmental impact statement. (d) It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this Part that a suitable balance of social. economic and environmental factors be incorporated into the planning and decision- making processes of State, regional and local agencies. It is not the intention of SEQR that environmental factors. be the sole consideration in decisionmaking. (e) This Part is intended to provide a statewide regulatory frame- work for the implementation of SEQR by all state and local agencies. It includes: (1) procedural requirements for compliance with the law; (2) provisions for coordinating .ultiple agencyenv;ronmentad r~j.elll$.., tJ....^..Il'il....ii.llal., luA~~ IIGu...n,,;,t..ofo'tttt'S"'art'; (3) criteria to determine whether a proposed action may have a significant effect on the environment (section 617.11 of this Part); (4) model assessment forms to aid in determining whether an .> . ~ ~ENRY P. SMITH, President JOHN M. BREDEMEYER. Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 August 28. 1987 Mr. Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley Greenport, New York 11944 Re: Youngs Marina - Application No. 574 Dear Mr. Wiggin: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27. 1987 regarding the above matter. RESOLVED that the Sout,hpld Town Trustees declare itself lead agency in regard to the State Envir9nQ!l!nta,lp~~~)' Review Act in the matter of the. application of Peconic AssocIates, Inc. on behalf of Youngs Marina for a Wetland Permit on certain property located on Sage Road, Southold. Very truly yours, ~f/.~.~ Henry P. 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 of Appeals File Planning Board . . ~/ ~ HENRY P. SMITH, President . JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUfHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNtFICANT EFFECT ON'THE ENVIRONMENT DATE: September 25, 1987 APPLICATION NO.: ill NAME: PECONIC ASSOCIATES ON BEHALF OF YOUNGS MARINA - 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 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: To enlarge and rebuild marina for 138 boats to include 4 mam docks and b9 finger piers and approx. 2900 cu. yds. of dredging. LOCATION: Sage Road, Southo1d. 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. . . . j30ard of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith. President Board of Town Trustees Southold Town Hall Main Road Southold. New York 11971 Call: (516) 765-1892 cc: Commissioner Thomas C. Jorling. D.E.C.. Albany Robert A. Greene, D.E.C.. Stony Brook Stephen Mars. Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel. Chairman. Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file Peconic Associates on behalf of Youngs Marina V Howard Zehner . . -g- ~617.3 (2) engaging in review of any part of an application to deter- mine compliance with technical requirements, provided that no such deter- mination shall entitle or permit the applicant to commence the action unless and until all requirements of this Part have been fulfilled. (d) An agency which must make a legislative decision, such as rezoning, need not apply SEQR to its legislative decision process if the agency determines that the action will not be entertained. (e) An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. (f) An application for agency funding or approval of a Type I or Unlisted action shall not be complete until: (1) a negative declaration has been filed; or (2) until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the SEQR process Shall run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation, review and public hearings with respect to the draft EIS. (g) The lead agency Shall make every reasonable effort to involve applicants, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of signi- ficance and to identify areas of controversy relating to environmental issues, thereby focusing the issues requiring in-depth analysis in an EIS. ..., (h) The effect of an applicant or agency exerClslng due diligence in\ identifying all other agencies having funding or APproval a~!hori~y over the action, and of the agency or applicant providing...!!:i.tt_~~n~tice of the agency's determination of envirgp~nt!J_ ~i.i~!~~~e to such other involved agencies, shall be that unless an involved agency formally -~- .....,...-,..-.... ~_......""._-- '.-., , objects to the establishment of lead agency pursuant to section 617.6(e) . ",+n. ..._...,_._.____..__...___~_~_.....___. _~_. of this Part, no other involved a~I1CY may later require the preparation of an EI Sin .connect i on with the act i on. .1 (i) Each agency i nvo lved in a 'pr9P~ed_~.ft i o_rL~~~ the. re~p~ns i bil ity to provide the lead agency with informatiop it may have which may assist the lead agency in making its determination of significance, to identify "," ~ . . -g- ;617.3 (2) engaging in review of any part of an application to deter- mine compliance with technical requirements, provided that no such deter- mination shall entitle or permit the applicant to commence the action unless and until all requirements of this Part have been fulfilled. (d) An agency which must make a legislative decision, such as rezoning, need not apply SEQR to its legislative decision process if the agency determines that the action will not be entertained. (e) An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. (f) An application for agency funding or approval of a Type I or Unlisted action shall not be complete until: (1) a negative declaration has been filed; or (2) until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the SEQR process shall run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation, review and public hearings with respect to the draft EIS. (g) The lead agency shall make every reasonable effort to involve applicants, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of signi- ficance and to identify areas of controversy relating to environmental issues, thereby focusing the issues requiring in-depth analysis in an EIS. ... \ (h) The effect of an applicant or agency exerClslng due diligence in' identifying all other agencies having funding or approva~,~~~~Qr.gy over the act ion, and of the agency or app 1 i cant providi ng_~_i~t~~^^no~i ce of the agency's determination of environmental significance to such other ,,~ . '. ._- ...- -.--...-..,. -, ......._.. '.- involved agencies, shall be that unless an involved agency formally --..-----.-...---...---.. -.-., objects to the establ i shmen!of lead^_aJlen~l Jl..~~su~n_~~Cl section 617.6(e) of this Part, no other involVed agenCY may later require the preparation of an EIS in connection with the action. (i) Each agency involved i_~..p~9Pj)sed action has ~~~r~~Si~~l)ty to provide the lead a9.encyw1th infor.mAt1QlJH.J!!Uh!!y_~.~~Jchma.t as~ist the lead agency in making its determination of, ~i,?nifi~.ance, to identify.l. ~ . . II' '. -10- ~617.3 issues in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEQR. (k) Actions commonly consist of a set of activities or steps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation). T~JW.tire,sai of activities or steps shall be considered the action, whether the agency . .".- , .. '. .,-_. decisionmaking relates to the action as a whole or to onlY a part af it. (1) Considering only a p'art_o~ segm~n.to.~ _~,n_a,c"tion is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessaty, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in sectlon 617.8(g) of this Part. (1) Agencies shall carry out the terms and requirements of this Part _.. _........~._, with minimum procedural and administrative delay, shall avoid unnecessary dupl ication ,of reporting and review requirements by prov'iding, where feasible, for combined or consolidated proceedings, and shall expedite all SEQR proceedings in the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. ~ . . -10- ~17.3 issues in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Oth'er agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEQR. (k) Actions commonly consist of a set of activities or steps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation). T~ntir~_~ of act~vities or steps shall be consid.e,red the action, .!'Ihetl!!.r:..!~.!!, Jlgency decisionmaking relates to the action as a whole or to onlY io.a.rt, Ilf.,it., (1) Considerirrg only ,a part or segment of an action is contrar~ - ... ...~._-,-_..__......,..~__ ~"'U'_"___ N_._"" . to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must deMOnstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the. fullest extent possible. (2) If it is determined that an EIS is necessaty, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in sectlon 617.8(g) of this Part. (1) Agencies shall carry out th~ ~~~ms and requirements of this Part with minimum procedural and administrative delay, shall avoid unnecessary dupl ication. of reporting and review requirements by providing, where feasible, for combined or consolidated proceedings, and shall expedite all SEQR proceedings in the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. ~' . . -10- ~617.3' issues in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEQR. (k) Actions commonly consist of a set of activities or steps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation). The~rese.t of ,- activities or steps shall be considered the action, whet~~rthe agency decisionmaking relates to the action as a whole or to Qnly a Ila.rt. of it. (1) Considering Qnly a p.a.r..tor segmen,t _~f_ ,a..n.,~c.tion is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessaty, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in sectlon 617.8(g) of this Part. (1) Agencies shall ~~rry out the terms and requirements of this Part ,. ~.. .'.. ~"....,.--'-~~._. with minimum procedural and administrative delay;--'shlll avoid unnecessary duplication of reporting and review'requh"emen'ts'by'providlng; Where' feasible, f~r combined o~ c~nso1idat~d ~~~~e~di;gs: and shall expedit~ all SEQR proceedings in the interest of prompt review.' (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. ~ . . -15- ~617 .6 EAF, or any additional information reasonably necessary to make that determination. (b) Lead agency procedures when more than one agency is involved: (1) For all Type I actions and for coordinated review of Unlisted actions involving more than one ajlency, a lead agency must be . ,.-'-' --_._ .'~M, __. .__ established prior to a determinatio~_21-~ignificance. For Unlisted actions where there will be no coordinated review, the procedures in section 617.6(d) of this Part must be followed. (2) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it must, in accordance with section 617.10(b) of this Part, promptly notify the applicant and all other involved agencies, in writing, that it is the lead agency and that an EIS is required. (3) The lead agency shall continue in that role until either a negative declaration is filed, a findings statement is filed, or a lead agency is re-established in accordance with section 617.6(f) of this Part. (c) Time periods for coordinated review: (1) When an agency proposes to directly undertake or receive~' an application for funding or approval for a Type 1 action or an Unliste~ action undergoing coordinated review in which other agencies are involved, it shall, as soon as possible, ~ail the EAE, with Part 1 completed by the project sponsor, or ~__~raft EIS and a copy of any appli- cation it has received to.all i.!!Y91.~ed ~la.~Ei.e~.notifying them that a lead agency must be agreed upon within 30 calendar-Clays-of the date the EAF Or draft EIS was mailed to the~. (2) The lead ag~ncy shall d~termine the significance of the action within 20 calendar days of its establishment as lead agency, or within 20 calendar days of its receipt of all information it may reason- ably need to make the determination of significance, whichever occurs later, and Shall immediately file the determination in accordance with section 617.10 of this Part. (d) Uncoordinated review for Unlisted actions involving more than one agency: (1) As early as possible in the formulation of plans for an Unlisted action, and before any authorization is granted which commits an . . -16- agency to a particular action, or within 20 calendar days of its receipt of an application and an EAF, and other reasonably necessary information, an agency shall make a determination of significance. (2) When an agency determines that an Unlisted action may have a significant effect on the environment, coordinated review and notifica- tion in accordance with subdivisions (b) and (c) of this section is required. (3) When an agency determines that an Unlisted action will not have a significant effect on the environment, the coordinated review and notification procedures set forth in subdivisions (b) and (c) of this section are optional. For uncoordinated review of Unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency when making its deter- mi nation. At any time prior to an tage~cyl ;_fj~;l-d;~i~i;~. that agency's . negative declaration may be superseded by a positive declaration issued by any other involved agency. (e) Actions for which lead agency cannot be agreed upon: (1) If, within the 30 calendar days allotted for establishment of lead agency, the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may request, by certified mail or other form of receipted delivery to the commissioner, that a lead agency be designated. Simultaneously, copies of the request must be sent by certified mail or other form of receipted delivery to all involved agencies and the applicant. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated by the commissioner. (2) The request must identify each involved agency's jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in paragraph (5) of this subdivision, and must state that all comments must be submitted to the commissioner within 10 calendar days after receipt of the request. (3) Within 10 calendar days of the date a copy of the,request is received by them, involved agencies and the applicant may submit to the commissioner any comments they may have on the issue. Such comments must contain the information indicated in paragraph (2) of this sub- division. ~617.6 .~ '- . . ~ . . . -16- ~17.6 agency to a particular action, or within 20 calendar days of its receipt of an application and an EAF, and other reasonably necessary information, an agency shall make a determination of significance. (2) When an agency determines that an Unlisted action may have a significant effect on the environment, coordinated review and notifica- tion in accordance with subdivisions (b) and (c) of this section is required. ~' (3) When an agency determines that an Unlisted action will not have a significant effect on the environment, the coordinated review and notification procedures set forth in subdivisions (b) and (c) of this section are optional. For uncoordinated review of Unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency when making its deter- ~."._~ _._M~_.."__'__.,_.__._.._,.__ mination. At any time prior to an ,'agencv'-s_Jinal decision, that agency's - negative declaration may be superseded by a positive declaration issued by any other involved agency. (e) Actions for which lead agency cannot be agreed upon: (1) If, within the 30 calendar days allotted for establishqent of lead agency, the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may request, by certified mail or other form of receipted delivery to the commissioner, that a lead agency be designated. Simultaneously, copies of the request must be sent by certified mail or other form of receipted delivery to all involved agencies and the applicant. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated by the commissioner. (2) The request must identify each involved agency'S Jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in paragraph (5) of this subdivision, and must state that all comments must be submitted to the commissioner within 10 calendar days after receipt of the request. (3) Within 10 calendar days of the date a copy of the,request is received by them, involved agencies and the applicant may submit to the commissioner any comments they may have on the issue. Such comments must contain the information indicated in paragraph (2) of this sub- division. ~ . . , t -17- ~17.6 '. (4) The commissioner shall designate a lead agency within 20 calendar days of the date the request is received, or within 20 calendar days of the receipt of any supplemental information the commissioner has required, based on a review of the facts, the criteria below, and any comments received. (5) The following criteria, in order of importance, shall be used by the commissioner to designate lead agency: (i) whether the anticipated impacts of the action being considered are primarily of statewide, regional, or local significance, (i.e., if such impacts are of primarily local significance, all other considerations being equal, the local agency involved shall be lead agency); (ii) which agency has the broadest governmental powers for investigation of the impact of the proposed action; and (iii) which agency has the greatest capability for pro- viding the most thorough environmental assessment of the proposed action. (6) Notification of the commissioner's designation of lead agency shall be mailed to all involved agencies and the applicant. (f) Re-estab1ishment of lead agency: (1) Re-estab1ishment of lead agency may occur by agreement of all involved agencies in the following circumstances: (i) for a supplement to a final EIS or generic EIS; (ii) upon failure of the lead agency's basis of jurisdic- tion; (iii) upon agreement of the applicant, prior to the accep- tance of a draft EIS. (2) Disputes concerning re-estab1ishment of lead agency for a supplement to a final EIS or generic EIS are subject to the designation procedures contained in section 617.6(e) of this Part. (3) . Notice of re-estab1ishment of lead agency must be given by the new lead agency to the applicant within 10 days of its establishment. (g) Determining significance: (1) The lead agency must determine the significance of any Type I or Unlisted action in writing in accordance with this section and section 617.11 of this Part. . . / ROBERT H. BERNTSSON ASSISTANT TOWN A ITORNEY Town Hall, 53095 Main Roar P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1939 JAMES A. SCHONDEBARE TOWN A ITORNEY OFFICE OF THE TOWN ArrORNEY TOWN OF SOUTHOLD TO: FROM: DATE: SUBJECT: Valerie Scopaz Robert H. Berntsson, April 12,1988 Young's Marina af(f3 Assistant Town Attorney You inquired whether the Planning Board could declare itself "lead. agency" under SEQRA in considering site plan approval on the above referenced project. Under the SEQRA regulations you must advise other interested agencies of your intention to be lead agency. The regulations provide the procedure to be followed for a determination of lead agency as well as procedures for instances where lead agency cannot be agreed upon. At this time I see no bar to your intention of becoming lead agency. ..' ( #I , Southold, N.Y. 11971 (516) 765-1938 04/12/88 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 RE: Young's Marina SCTM #1000-57-1-38.3 Gentlemen: Enclosed please find a completed Long Environmental Assessment Form and a copy of the map of the Site Plan of Young's Marina. This project is unlisted. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until May 12, 1988. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of Lead agency. . Very truly yours, iJvMuifJd~;;L BENNETT.ORLOWSKI,JR. CHAIRMAN Jr Ene: cc: Department of Health Services Town Trustees(4/18/&~ ";" . s . D Southold, N.Y. 11971 (516) 765-1938 04/12/88 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 RE: Young's Marina SCTM *1000-57-1-38.3 Gentlemen: Enclosed please find a completed Long Environmental Assessment Form and a copy of the map of the Site Plan of Young's Marina. This project is unlisted. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until May 12, 1988. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of Lead agency. ' Very truly yours, i3 vMuJiF(f~;f- BENNETT 'ORLOWSKI ,JR. CHAIRMAN r Ene: cc: Department of Health Services . D Southold, N.Y. 11971 (516) 765-1938 April 13, 1988 Mer10n Wiggin Peconic Associates 1 Bootleg Alley Greenport, NY 11944 RE: Young's Marina SCTM #1000-57-1-38.3 Dear Mr. Wiggin: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board declare itself Lead Agency under the State Environmental Quality Review Act. If you have any questions, please do not hesitate to contact this office. Very truly yours, bb7V1UiL u~~ BENNETT ORLOWSKI,JR~ CHAIRMAN Jx jt -... . . PECONIC ASSOCIATES, INC. Engineering, Marine & Energy Consultants Environmental Planning One Buotleg Alley P.O. Box 672 Greenport, New York 11944 (516) 4"17.0030 March 22, 1988 Ms. Valerie Scopez Southold Town Planning Board Southold Town Hall Main Road Southold, L. I. New York - 11971 Re: Young's Marina - Mr. Howard Zehner Dear Ms. Scopez: Enclosed, as a result of a recent meeting with Mr. Zehner, are revised details on drawings for subject project. The following details have been added to Sheet No.2: 1. The Geo-Tech liner indicated for the leaching basin. 2. Additional contour and high water marks were added to the drawing for clarification. 3. The perforated collection pipe is manufactured by A. D. S. - Highway Weight, in accordance with ASHTO Specifications. The minimum pipe cover for this type of installation is twelve (12) inches. 4. The drainage collection pipe is to be installed with a continuous slope - a minimum of .05%. In addition to the above, the following are our responses to review comments of February 24, 1988 from Sidney Bowne: 1. The leaching basins are not the typical round type, but are trench type of basins as shown on the plans, installed in this manner because of the clay content of the existing soil. 2. The invert of the into the leaching basins is to be established at installation, and to be at the elevation to provide continuous flow into the basin. There is no pipe discharging into the Bay, so no pipe is shown. . . . Ms. Valerie Scopez March 22, 1988 Page 2 3. The drainage pipe specified is all for highway use, and as such needs a minimum of twelve (12) inch cover, as shown. 4. The existing sanitary leaching field is indicated. Leaching basins for Areas 1 and 2 are combined for less conflict of leaching areas. 5. Missing. 6. Missing. 7. Identical to Number 4. 8. Additional contour elevations have been added. For your information, contour intervals are two (2) feet. Because of the seasonal nature of the marina and the need to complete the improvements prior to the season, any action you can do to expedite final approval would be appreciated. For you information, the Trustees and Z.B.A. actions are complete; the Department of State Consistency Review has been issued without conditions; the D.E.C. Application is complete and public notice is to be published this week; and the Corp of Engineers public comment period was complete as of March 16, 1988. If you have any further questions, please do not hesitate to contact this office. Sincerely, PECONIC ASSOCIATES, INC. S1~oJ;v-' , Merlon E. Wiggin"~.E. President Enclosures: 3 Copies of Sheet 2 - Revision Date 03/21/88 cc: Mr. Howard Zehner . . Southold, N.Y. 11971 (516) 765-1938 "-v', Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mra Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, :~ Pla~ - 1()LJfV'f)'S tl\o.l""\AlA Hamlet ~(e~R..-\ ~~TERIAL SUBMITTED: File # Suffolk County Tax Map No. inDO - '57 _ - ~5' , <, Sketch plan Preliminary map Street Profiles Grading Plan Preliminary sitjt-~.~)lan Final Map Other l<.,,) i<;f'~ ~oo"^' S;^,,"'1 0\"-'(' ",,:-\\r, ~1'~I\i'" . (:-'''<;1'"' n "*' c.. -\-,., reV\{1t !, CD~'if\ent( Comments: Very truly yours, BENNETT ORLOWSKI, JR..CHAI~N SOUTHOLD TOWN PLANNING BOARD "" . ,.---j-'" ., . . PECONIC ASSOCIATES, INC. Engineering, Marine & Energy Consultants Environmental Planning February 2S, 1988 .. m I f~ ~ b ~! '~ One Bootleg Alley P.O. Box 672 Greenporl, New York 11944 (516) 477-0030 Ms. Valerie Scopaz Southold Town Planner Southold Town Hall Main Road Southo I d, L. 1. New York - 11971 Re: Young's Marina Sage Boulevard Greenport, New York Dear Vale.rie: In accordance with our meeting and discussion on February 24, we are submitting revised site plan drawings that incorporate the following: 1. Identification of 18,000 square feet of parking for the pool and tennis courts areas, approved by the Planning Board on July 16, 1976, Z.B.A. Appeal Number 261-~2/76, and Building Department Permit Number 874,Z on July 23, 1976. (1" = SO'). 2. Revision of the Marina parking to one hundred twenty- three (123) spaces. Originally we had been advised that marina parking should include one (1) parking space per one (1) marina slip. In reviewing the actual use of marinas, we find that on peak holiday week-ends the maximum parking is approximately fifty percent (SO%) to fifty-five percent (SS%) of the marina slips. Therefore, the one hundred twenty-three (123) now shown would be in excess of the expected actual required number. With Planning Board approval, we would like to further reduce this number to more nearly the fifty percent (SO%) of the one hundred thirty-eight (138) slips so that more of the area could be landscaped and thereby reduce the collection of run-off, as well as making the marina a more environmentally attractive area. Also, because of the predominantly clay soils in the area, increased amount of grass and landscaping should be especially beneficial as to the reduction of run-off. . . Ms. Valarie Scopaz February 25, 1988 Page 2 3. Added landscaping as a visual buffer between parking areas and the harbor areas by the planting of low juniper shrubs, spaced approximately four (4) feet apart, trimmed to four (4) feet in height. 4. Added a detail of parking space identification by painting a division stripe and number on the bumper log. These bumper logs would not be placed in center type parking areas as they would interfere with the movement of the travel-lift and of boat storage procedures. The bumper logs on the basin side are shown in their same location as present to facilitate the continued use of the existing improved surfaces for boat storage. As we have Trustee approval, and verbal indication that the D.E.C. and Corp of Engineers are in the final stage of issuance, anything that you can do to expedite the Planning Board review would be greatly appreciated so that the work could be commenced prior to the start of the summer boating season. If you have any further questions, please do not hesitate to contact this office. Sincerely, PECONIC ASSOCIATES, INC. ~C~-~ . Merlon E. Wi99i~'M.E. Presidnet Enclosures: 4 Copies of Revised Site Plan dated 02/25/1988 cc: Mr. Howard Zehner MEW/iw " . . SIDNEY B. BOWNE & SON 't'~C~ 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 Roland Anders Frank Capobianco Roger L Cocchi FrancisJ.Lynch Philip Schlotzhauer Joseph F. Stegman Paul F. Stevens WilliamT. Slyne Richard S. Weber Sidney B. Bowne, P.E., l.S. (1922- 1 959) Chester C Kelsey, PE, l.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. George A. Style, P.E. Jerry D. Almont, P.E. George L. Fagan. Jr., Ph.D" P.E. Thomas R. Pynchon, L.S. February 24, 1988 Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Mai n Road Southold, New York 11971 Re: Young's Marina, Greenport S.C.T.M. Oistrict 1000, Section 057, Block 01, Lot 38.3 Gentlemen: We have reviewed the drainage plan for the above referenced project. Following, is a summary of our comments: 1. Specify the sizes, (depth & diameter) and number of leaching basins required for each drainage area. 2. Show inverts of the perforated pipe at the leaching basins and at points of discharge into the bay. 3. Because the perforated pipe will have to be located near the surface to ensure adequate pitch and height above the water line at the point of discharge, consideration should be given to the weight of the vehicles parking on the collection trench. Most probably, drivers will pull right up to the proposed bumper log. 4. Locate the existing sanitary leaching field in the vicinity of drainage area #2. Propose an alternate method of collecting stormwater runoff should the leaching field conflict with the proposed collection trench. ~ . MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equ.1 OpportunIty Em~oyer MIfIH " . . 5. Indicated the existing contour interval and mean high water elevation. This plan should be revised and resubmitted with the additional information requested herein. At that time we can better evaluate this drainage concept. Contact us should you have any questions regarding this matter. Very truly yours, cJ, ROBERT W. BROWN L.S. RWB :dmd Sidney B. Bowne, P.E., l.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil.. P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. . SIDNEY B. BOWNE & SON ~~C~ 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 . \ Roland Anders Frank Capobianco Roger L. Cocchi Francis J. Lynch Philip Schlotzhauar Joseph F. Stegman Paul F. Stevens William T. Styne Richard B. Weber George A. Style. PE Jerry D. Almont, P.E:. George L. Fagan, Jr., Ph.D., P.E. Thomas R. Pynchon, L.S. February 24, 1988 Bennett Orlowski, Jr. Chairman Southo1d Town Planning Board 53095 Main Road Southo1d, New York 11971 Re: Young's Marina, Greenport S.C.T.M. District 1000, Section 057, Block aI, Lot 38.3 Gentlemen: We have reviewed the drainage plan for the above referenced project. Following, is a summary of our comments: 1. Specify the sizes, (depth & diameter) and number of leaching basins required for each drainage area. 2. Show inverts of the perforated pipe at the leaching basins and at points of discharge into the bay. 3. Because the perforated pipe will have to be located near the surface to ensure adequate pitch and height above the water line at the point of discharge, consideration should be given to the weight of the vehicles parking on the collection trench. Most probably, drivers will pull right up to the proposed bumper log. 4. Locate the existing sanitary leaching field in the vicinity of drainage area #2. Propose an alternate method of collecting stormwater runoff should the leaching field conflict with the proposed collection trench. rn MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An EqU81 Opportunity Emptoyet' MIFIH . . f:':v S {)c'A, {I i r;~:(J:;.-' 't>~0 () CL he existing sanitary leaching drainage area stormwater run u d the leac pro ection trench. Indicated the existing contour interval and mean high water elevation. field in ity of method of collecting . 1 d confl i ct with the ,s y. This plan should be revised and resubmitted with the additional information requested herein. At that time we can better evaluate this drainage concept. Contact us should you have any questions regarding this matter. Very truly yours. t>~ ". RWB :dmd , --- - ~ Report from SB (taken over phone 3/11/88) 1. Specify size, depth, diamater and number of leaching basins required for each drainage area. 2. Show inverts of perforated pipe at leaching basins and at points of discharge into bay. 3. Because perforated pipe will have to be located near the surface to insure adequate pitch and height above the water line at point of discharge, consideration should be given to the weight of the vehicalsparking on the collection trench, most probably most drivers will pull up to the proposed bumber logs. 4. Locate existing sanitary leaching field in visinity of drainage area number 2. Propose alternative method of collecting stormwater runoff should leaching field conflict with proposed collection trenchs. 5. Indicate existing contour interval and mean high water elevations. - T . . D Southold. N.Y. 11971 (516) 765-1938 February 19, 1988 Merlon E. Wiggin, Ph. D., President Peconic Associates Inc. One Bootleg Alley P.O. Box 672 Greenport, NY 11944 RE: Young's Marina SCTM # 1000-57-1-38.3 Dear Mr. Wiggin, The following rev~s~ons to the site plan for Young's Marina are requested: I)Add Landscaping as shown on the enclosed site plan. Specify plant species that will tolerate clay soils and a marine environment. 2) Parking area at southern end of property should be expanded; as shown on enclosed plan. 3) Parking spaces shall be marked in some clear fashion; some examples are bumter logs, concrete stops. Thank you, {/cJVvj., ~ Valerie Scopaz ~ Town Planner O' jt . ., 4t MAY 2 0 1987 PECONIC ASSOCIATES, INC. Engineering, Marine & Energy Consultants Environmental Planning One Bootleg Alley P.O. Box 672 Greenpart. New York 11944 (S 16) 477-0030 MEMORANDUM FOR THE RECORD TO: Young's Marina File FROM: MerlOn~gin SUBJECT: Meeting with Southold Town Planner, Valerie Scopaz. DATE: May 2", 19B7 ------------------------------------------------------------ ------------------------------------------------------------ Preliminary discussions were held with Southold Town Planner, Valerie Scopaz, depicting the proposed marina enlargement. In order to proceed with the application, it is going to be necessary to have some idea who the Lead Agency will be (Planning Board versus the Town Trustees) for a determination to be made of environmental significance. Valerie Scopaz is going to discuss this with the Planning Board and with the Trustees in an attempt to determine who the probable Lead Agency would be and will get back to us on same. The above summary is my understanding of the meeting. If any inconsistencies are noted, please contact the writer. cc: Valerie Scopaz Howard Zehner I .. r . . S(!Y/'1 -#"' ~ HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRl'STEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 SouthoId, New York 1197l December 21, 1987 Mr. Merle Wiggin Peconic Associates, Ine. One Bootleg Alley Greenport, New York 11944 Re: Application No. 574 Dear Mr. Wiggin: The following resolution was adopted by the Board of Town Trustees during their regular meeting held on December 17, 1987 regarding the application for Youngs Marina, No. 574 as follows: WHEREAS, Peconic Associates, Inc. on behalf of Youngs Marina applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 24, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations., and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on October 29, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT .~. . ......~j~~.'.';;j,.l~..y.'~.!.<'.~;.l.!i!lI....g..".~!:l;aLf' of YoungsM~:lna BE AND HEREJII{ 'ARE CRiA~'~l~'I#~..]~ PRG-VI .,' ,~'H:E.WE .oWN Q. ,iQUTH n~ge '&1'i ;1" or matndo. ptel"sahda:pproximat...y.,2~.,._. yds. of dredgin.g. Property :lslocated ~oad, Southold. This approval is subject to the followinl! provisiO%!$; Q TO" Ihge\' on Sagll'. . . I5age 2. 'Peconic Associates on behalf of Youngs Marina i. The number of boqts is limited to 138. A pump out facility will be designed by the Trustees. Upon receipt of said plan, a pump out facility is to be installed within 90 days of receipt of said plan, and will meet the criteria established by the Board of Trustees for said facility. z. There is to be no construction within 15 feet of the plot line as requested to insure navigational safety. 3. The lift well will have a wash down area for the containment of run off. This is to be installed within 90 days of receipt of a plan from the Trustees for same. 4. There is to be no sale of TBT. 5. Signs for the wash down area will be prominently displayed along with the directions for use of the wash down area. €I. Signs for the pump out facility will be prominently displayed along with the directions for same. t.. Navigational signs will be prominently displayed as to regulating the speed to 5 miles an hour or less. This permit will expire on December 17, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. Vote of Board: Ayes: Trustees, Smith, Bredemeyer, Krupski, Goubeaud - Abstained:Lan PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMIT THAT MAYBE REQUIRED FOR THIS PROJECT. Please remit $10.00 inspection fee at this time. Very truly yours, ~---- (~2Z~~iJ4J;.iA Henry P. Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C., Albany , ... . Page 3. Peconic Associates on behalf of Youngs Marina Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals Trustees file . ( \ ;.-0 "--f)// .~rm..~.~~ f~ ,?~'ffUlrC %"9- iY~-.IJ-"'J-"~ \ ff~ ~.... =" . ~ (:l f ;I: t.f')~\ ;p ~'. ,- ' ....&, ~ '''OJ .Jl "f.'i:> co .- \ - ~8 . ~ . Southold Town Board of Appeals MAIN ROAD. STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE 15161 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGDNIS, JR. December 31, 1987 SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr, Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944 Re: Appl. No. 3700-SE - Howard Zehner (Youngs Marina) Dear Mr. Wi ggi n: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board Members will be conducting inspections and reviews in accordance with State and local laws prior to advertising this matter for a public hearing. It is requested in the interim that you proceed with the Planning Board in order to obtain their comments only in those areas under their jurisdiction (site-plan elements) which should be submitted to our office no later than the public hearing date. The public hearing on this matter is expected to be about the second Thursday in February. A copy of the Legal Notice as published in the Long Island Traveler-Watchman and Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board Mr. and Mrs. Howard Zehner By Linda Kowalski \ . Southold, N.Y. 11971 (516) 765-1938 December 28, 1987 Merle Wiggin, President Peconic Associates 1 Bootleg Alley Greenport, NY 11944 Re: Youngs Marina SCTM# 1000-57-1-38.3 Dear Mr. Wiggin: Before the Planning Board will proceed with its review of the above- named, the site plan must include the following: 1. Stamp and signature of a licensed professional engineer or architect on the plan itself. 2. Provisions for on-site drainage for the additional parking. 3. Scale of 1" = 20' 4. Designation of handicapped parking. 5. Adequate manuevering room between boat lift and parking area. Further, before the Planning Board can grant approval, application must be made to the Zoning Board of Appeals for a Special Exception to expand the use. If there are any question& please don't hesitate to contact our office. Very truly yours, &nnrtt O/'t.1mD~L.J ~~ BENNETT ORLOWSKI, JR. CHAIRY~N SOUTHOLD TOWN PLANNING BOARD cc: Frank Yakaboski, Acting Town Attorney - ----~--lf1 -- . . y ounctf ~O-...-- fbY\u:o: \ ':) ~ ~~ A~<JL.UIL -l- \0 ~)\rk)Je.e-~~ \4-~ \40 --b~ ~~\ U. eoJc.~/ c.o.1cu~ ~to ~ ~d. Vh ~co..l ~ Lco~ \~. +h& ~ YlA:l ~V1Uin ~J ~-&J~ ~ I~~--h.im ~~.~~~-/ ~~_.- .. ~'" - _. ._~.. cR. ~oLUd ~ ~ V\J\.ai1ci-U.)l+fx:lui. ~ -QUlLL Q ~ cJ LD tiD Q~ to8-+hvL. 7aJJoo 9~ ro '+tu ~ Vi +IU. YY)\~. ,II . ,- --- ~f ~ M~l;:J' ~~~- ~. ~ IJ:- CD ~ lD' )<.~ k1U;t O~ b.ttu,'-€JiJ) ~ ~ -...; 10' )( ( 5' - /0' -I-dS' u) ~~1 't E '* ",Jh.,uu W ILo lncLCcaJ:Aisn Mdwi{f'CJ..b..rin t:- l~rii~ ~ ()J0 ~ en Lo/~o/~1 ~d..Lfl.ll_..t. (~tn mpJn~ ~ hcur ~ ~, ~ mat ~. -fxn C)J:JtJ.L -La fO^ lUrs *,,&mw~ ~ ~ ~f<1^-~ ~ ~ 1~-uf~ . . PECONIC ASSOCIATES, INc. Engineering, Marine & Energy Consultants Environmental Planning One Bootleg Alley P.O. Box 672 Greenport, New York 11944 (516) 477-0030 December 2, 1987 RECEIVED BY SOHf"c\" 'L1g~rRD ~ /i""'fl'J.-71ro DATE Ms. Valerie Scopaz Southold Town Planner Southold Town Hall Main Road Southold, L. I. New York - 11971 Re: Young's Marina Dear Ms. Scopaz: Enclosed are three (3) copies of the Revised Preliminary Plans for the above referenced project for your review and comments. If you have any further questions, please do not hesitate to contact this office. Sincerely, PECONIC ASSOCIATES, INC. ~ cf U/~ Merlon E. Wiggin, Ph.D.,M.E. President Enclosures: 3 Copies of Revised Preliminary Plan Dated 12/01/1987. cc: Mr. Howard Zehner Fi Ie MEW!iw ~ - Board of Town Trustees - September 24, 1987 Page 9. If 3. YOUNGS MARINA/PECONIC ASSOCIATES - NEGATIVE ENVIRONMENTAL ASS: Moved by Trustee Bredemeyer seconded by Trustee Krupski the following nOr significant environmental assessment was declared: S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: September 25, 1987 APPLICATION NO.: 574 PECONIC ASSOCIATES ON BEHALF OF YOUNGS MARINA NAME: This notice is issued pursuant to the prOV1Slons 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 determil 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: To enlarge and rebuild marina for 138 boats to inc 4 main docks and 69 tmger piers and approx. 2900 cu. yds. of dredging. LOCATION: Sage Road, Southold. 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. 3. Vote of Board: Ayes: All - This resolution was declared duly adopted. . ","{Jf:am.17, .,1JY: \,cf!1!~" ..<y",~\l\. c,/( /'. ~ p..D'A~.I.N....... I i.............:OOi.. Jl..D !j~</ 1\' . ~'K TQ~.....c. ':5' ~\D ~"'.' ~'fI SUE"'~. ..... nN,TY '':ftJj ~7;Ia;?' . Southold, N. Y. 11971 (516) 765-1938 October 20, 1987 Mr. Merlon E. Wiggon, President peconic Associates P.O. Box 672 Greenport, NY 11944 Re: Proposed site plan for Young's Marina sls Sa3e Road, Greenport SC~~ 1000-57-1-38.3 Dear Mr. Wiggon: This is to acknowledge receipt today of the above-referenced site plan. Before the Planning Board will be able to proceed with its review, the following information must be shown on a revised site plan: 1. Calculations to support parking spaces for clients and customers. 2. Actual location and dimensions of parking spaces, including those for handicapped drivers. 3. Access to proposed employee parking. When a revised plan is submitted, the Planning Board will proceed with its review. Sincerely, ~ . S;;~_/ ~l . ,,:::-r?5 Va er~e Scopaz Town Planner cc: Howard Zehner 1670 Sage Blvd., Greenport . r-."..RE.. 'ED BY ",I-,-,',! . ., l.iUUI/'l;'.'i I . ' . , t.., 1:__ ; '-i" ; ,,--'1;nn ".""~ L. :'..; -", . PECONIC ASSOCIATES, INC. OCT ~ 'qB Iv 7 Engineering, Marine & Energy Consultants Environmental Planning One Bootleg Alley P.O. Box 672 Greenport, New York 11944 (516) 477-0030 October 14, 1987 Mr. Bennett Orlowski, Jr. - Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, L. I. New York - 11971 Re: Young's Marina Southold, New York Dear Mr. Orlowski: Enclosed are six (6) survey/site plans for the enlargement and modernizing of Young's Marina from the present ninety-one (91) slips to one hundred thirty-eight (138) slips. Also enclosed is the filing fee of one hundred dollars ($100.00) and the Long Environmental Assessment Form. If you have any questions, please do not hesitate to contact this office. Sincerely, PECONIC ASSOCIATES, INC. ~~~~ " Merlon E.' Wi99i~,M.E. President Enclosures cc: Mr. Howard Zehner MEW/iw '. =. '. TO~07 SQUTHOLD AECEIVED BY S~~f'2 (rIgS!'"" , . ~., . ENVIRONMENTAL ASSBSSMU'1' - rUT x '.DATE' PROJECT INFORMATION ~T'CE' ThIS 1DC.....". '0 d..to"" ~ ..Iiot i" de,,,WiIIi.. .....t:l.. '_ &ecl_ praDOI" ., ...we I II",iflCIltC ~f~;C:"" tile 1".i_....C. P1elS. QIlDIIU t."oI tftCt" ~Q 5/'..e. __":0 ~..." 'IUlICI"". .01 1II c:MI'aa,. u ,an: af ~... _allc~CiClll fQr lIIa....al tIld.' ~I I"'JIC~ to /VCIIar .artflclC10l1 ... .lIe 1'1'11... ....1.. III' a..lei"!al IlIfa....ciad 70ll Idlll.. "HI III __ ;e _Ieee Ma1$ a - ~. '. :: tl ".OC:Id ;na. :.....CIOd af tile 01., "Ill III ...._ _ '."..el_ currMcll' a.alla", .... '41\1 die 'dOG". ... &:....1... r..oorc., ar Id'I'U,u1aa. t, IllflIIWItlaa ......,..... .. _ICI_1 ...... I..._..~II '.. II IdCICUI _ 1000i fy He., '"ltlllel. . ~iA,.tE ." 'ftOJEC':': lWIf &lID AOClflSS 0' MIND , r, 01 '1"lI.....t , . . . . Youngs Marina ; . Peconic Associates [;...: HRward 7-~hn_~r ,.... . P.O: Qox 250 (Iertle, Greenport. N.Y. ('.~.J '~&lClI MWSS 1IlQllI: v.::::ii.1!.l 4 77 - Q g) Q 11944 ltiUlI .lao_os .1~D :I~E OF t~"I.r';.\"T: One Bootleg Alley (:i,....c; Greenport. (" , 'J.} N. Y. l~UtU 11952 ,..lg, ~E!~lor!e~ ~F oOf)J<<:~, (Sri.fl, d"Crilla C7III 0' J~~ ,r tctlOll) ("L~SC: Cl>>IPLEit fACH CUUTtOll . lMlcacell..l. I' dOC lIallgol.1 4. Sl~ :EScaIPrta~ (~~YIIQI 11t:~"1 of 0...,11 ~raJtc;. _0 .....Ioeec 11M *-1... ......1 I. ........1 c.~.r.c:.,..f C~I l&dd: r_...I1, tIIIl,.,.. .1.,. -L. ,-""II, _ ... ..111", .r 1.......1.. -" :. :I"t.n~ ~ .nd :..tse: Ur1Iln . tndUl':r1,. X . _, ",r1cultl.l" _. I]~".... - J. rani ecruq. ,~ ....Ject I"''' ~&C..; _....i.... Ic..,a'!., ~...',"cll ""..r ea.IIC1111 ~al_. SlIau"'lIl __' aural'_. ,."'" ~I<dc. 0" 11"01" I."d ,:O"tt.~ _ICI'II _""'I .car Surfacl .:.". """el, AICer'=-olec leA ..L- 4 ..... 4q~c:.li '::.lrt I _lertl _IC,... .........c. '" f PQCI; . ..,..olI ap Mill ~.GI. ~f1dl.'l' ilia .:...r ...... 1ll""'C" , ii-thel ~m~ ~ ~ ..... _ICU. _tc.,. :fe-;I :nc {=~1..,w.t!~ or "f:.l !S Je,. ~~'-:.;ts :4. 15 Jr r.:.t.. J _tCrtl _'e:"" _Ie,.,. W-ICI'II _sc..... ...J..sc",. ,. Ab4t Is 1r'~c.nnln~ loti tY'.(S) '" 1ro~lC: 11:,1 ;. a. ." :'~'~>I~"'C~ .ute:":):ol",!, ~ .r:tjac: slUlI _'" X ',. ...... ,. .hlt II -'..t~ :. :eo~CI! Jlll7a i la -ncl - . .- . . . . . ,'" I. "ppro.i...at~ p~rc~ntl'i' of proposed project lite wlCIIllopu: a-IG: _:; la-I$S _'i 1$1 ... t....t.r 100 ':. . ' " 7. h project contiguouS to. or COIItlll I lI\It1l1l.. er sn. IIstlll 1ft C/II HlClOIIII ..,1 Iter Of.llt,CO"C Phc.. f ,es..A..-1lo . ' - ...... . e. 1IIl.t is tilt d.pth to the ..ter .,.7 :.--fM&: v~riible to 65 ft. (cli,Y). t. Gp, hunting or fishing opportUIIIlI. preHlI&l, ..11& I. CIIt proJec& ar..7 _'I.. ..L..JIo 10. Do.. proJ.ct sit. cont.ln 1/1)' spec1. of ,,11111 er 1111..1 Itf. thtt I. 1_&111'" II thNU.n'" or .ndanctr~d _ _'" ...!-Ilo. _NI.. to . SlIM&1fr IICII SIllCI.1 ' , , . 11. Are t.~.re '"1 unl,u. or u"usual 1_ ,... .. CIIt ,reJect .Il.? (I... cUff., --.. .....r ...,..1.1 'o....tlon. _ _'" ...!.-Ilo. .(DtICrtllt 12. Is tII. proJ.ct sU. prl"nt1)' 111_ " CIIt _Ier IP 111g1l!1OrIltIlI II .. ..... IPN8 V nGI'M&,.. . .r.. - _'" ~Ilo. '. , .. . . . " 13. Doll the pr..s.nt site off.r or Incl11l111C11l1c fi_ .r filtAI ~ . lit 111p01'&1ll& ..&111 _1er7 "1 X 110 ' . - - ... 14. Str....1 within or contiguous to proj.ce .,....: N/A .. ..... of stre.. .nd ..... 0' rtver to wlltcll II II crtllutar)' I . 15. Lak.s. Ponds, W.t1.nd .,.,s within or CDlt1tuoua tI prajec& trII: a. N_ Saqe Basin I II. 11&1 (1. _I . t H acr!j!s 16. """t is the do..inlnt hnd UII and 10111... CI.1l1ftut1011 wl&ll1n , 114 .tI. relIh. .f CIIt ~IC& (...~ Ilngl. h.;1, resld.nU.I. R-ll lAd CIIt lule If ."1...... (.... Z 1111'11. . . . residential 2.A e. PROJECT DESCRIPTION 1. Ph,Slcel dl...nslons and leal. 0' project (flll I. lI'I_1011I II ",roprllcel I. Tot.1 cont1guoul .cre.,. ~ 111 1IroJtc& .,....r acrtl. II. Proj.ct .cre.g. d.v.loped: _1C1W 111&1,11,. --:-' ICJ'II ulClllcel,. c. Proj.et .e....g. to r_In "'Vl10"" . ' ' d. Length of project. In .Illl: HI A (I' _",,",ce) .. It project Is an exp.nllon 0' tlllst1llll. 11ll11cece perctll& .f UlllM11l1 """....: 11111141t88:..,.,. feo .,. ; dev.loped lerug. . . ' f. NlIIDtr of off-It....t park1nt .,._ .a11t11lll 14'- : """1- .JJ7 . t. 1...1..... v.hlculer trips tlneratlll per ....r r.... -.1.t1011 If P"Jtc&1 h. I' relid~nthl: NlllIIber .nd tnI 0' 1IouI1.. lIIIlCl: NlA '. One .FIIII1I)' TlOO '.11, "'.1t~"I. '.11, COlllIoII181_ Inlti.1 Ultimate I. If: Drlent.t1on .. N.lghbornood-Clt~-Rtglonll Iat1I1&" r.plo~t CoamIrchl Indultr1tI j. Totel h.ight of tell.st proPOSH stNCCUn NI A .- fMe. . -2- . ' ~ . 2. How ...Ch n.tural Ntlrlll (t.l. rock, IIrCII. Ice.) .ntlll r.,1d frllll elIl Itte . o tonl . . . L 4. S. I. 7. _Ie 'If How ..n1 "...s of vlgltatian (C....I. IIIMI. p..und coyen) .i1t llt .-oV" fraa lite . ~Icru, Will .n, ..turl 'orlst (OVI.. 100 11.... Old) or OWl' l..ll,.t...I'\IIIC wesO"IIOII 1M ,...,.. 11, tIIll ,rojlc\? _'" ..1.-110 Arl t/IItl'O 11I1 ,I...s '0.. ....vt1eUct.. co ..!"' CIIoe ...- _lot COllICPllCCl.., .J..-,.'---JIIt 11' slnglo ph... projlct: AfttlCl,.tH pert04 of COllICI'IICtI.. ...!..roaCh.. UIICI.lot __"\tOIl)' If ,,'tt-phlSl" project: .. Toul IIUIIIIOr of ...... onetcl""d--:....Jtl. 11. ""tlctplted 40te 0' _ U I-I ..... I __Ill ----JOIr Uncl.11lS ....It cl_1 Co Appro.I.." ..lotiOO 4oto flul pho'. -ell -JUl'. d. Is phi" I fl1llllCI.111 ........., on lull...",C pIlIlII' -'" ---1 . .' I. 11111 IIllSting accu.. du..lng c...Stl'UCllll1' _'" .:A.-* t. IIU1bI.. of Jobs glnlr.ted: durtllf COlIltl'llCtloo -' ,ftIr proJecl II cooplOU ,j,... 10. "-.blr of Jobs 11I.'n.tld by thl. proJlICI 0 . ,'. - 11. Vtll projlct requIre relocltion of In, proJecu or tuntClII' _'" ~, I',... 1lIlI1.11l: n. .. Is surt'CI or subsurfac. lIllUld ...sco dllPlnl 1_1_' . .J.-'" --",. 11. If )'&S. tndlc.tl tYPI O'.ISU C....... lo4uICrtll. oce.) sew90e - boat- IWiPnfjl tal'k!l c. I' surf.CI d "poul n_ of se..... tnto .hlch If"_C .n I llt dhWI'I.d 13. Will surf.cI .rel 0' ..tstlng l.keS. ponlI1. .~. lII1I or othor .lIrllCl 'II'CINIIllle IIIC........ ... "'creuld b1 ~roPOSl1? h. X 110. . - - . 14. II p!'Ojlct 0" Iny portIon of projlct ,..- tll ClIO 100 "'1' nood pllln' .....J.,.. _Ifo 15. I. Oa.s p!'Oject Involvl dlspos.1 of IOlhl....'" _'" _110 11. If 1es, wl11 .n uhUng .01ld wasU dls,.sal flClII\r 111 ulo4' _'" ---" c. It yls. ghl n_: I l..ctoo . d. Will illY wUtlS not go tnta . S_go dl.,...1 Ill_ or 11110 . .lIllUI'1 1.'1n, .1...-'" - 11. wm projlct USI hll'blct"I' 0" ..."Icl....' _'" ...l.,.," 17. vm projlct routlnlly produce ado" (IIIro thIII .... IlIIII' POI' _If~" ..l.Jle 18. WIll projlct producI oplrltll1f nols. IIlCII4lnl ClIo I_I _llIlCIllOl.. 1_'" -'" ---'" 19. vm project rlsul~ In III lac...... In -rv "..f .:1-'" _*. If.III. l...lClte ~(s) ...:.- zo. If w.tlr suppl, Is f~ ..11. Indtca" ,...1.. CItICI\r HI A 21. Toul Intlclp.tI~ wlter usagl ~I" lII, _ 690 ah'u" ZZ. Zoning: I. Wh.t Is dealn.nt 'zonlng cl...lfICltlon'of .tso' b. Current '~Icl"c zoning ,cl...lftcatlon of Ittl c. Is proposod us. C:!'IsIstent .lelI p....lIlt &IlIlnV' d. I' no. Indlc.tldestred zonlllf .. hlalllUte. C-light C-lillht YES .. .)0 - . . .' . . ". _',:> .J..;....... ~It\ll Appraval (DIet) (DIet) . . At\lch a.y additional Info.....t1011 as illY be IItMtcI to cIeri" lOUI' prajlc', If Cll4i... Ira' I" -1 .. 1111 advlrsl IlIp.cts nsoclatad with tINI' PNPOM1, pI.... .._.. sucll tllPlCU ... &Ill -.aul'll _tell 1M lie tlkln to IIlttgat. 01' a~I!t.~_.. . c-~-- .' 'WARER'S SlGIIATURE: ,1 ....~ C - ~fl1 - TITLE: PJtesident REPUSEHn.~G: You ng s Ma r i n a . DATE: August 24, 1987 , , , " ,- .... -c- . , . ~O~ ~OUTHOLD ENVIRONMENTAl. ASSESSMENT - PART XI . ,"., , PROJRCT :rMPAl!T~ ANn 'l'U1=!IR MAGN,[TUDE Ge.eral l.forrst10. (Rtad C.rtfull,,) . In cQlllllleUn, the '0"' the rt.I_r .lIGuld b. ..hltd D1 tII. Cluestlan: Ha...., d.chlllftl 1.41 detl~I..'10111 b.1ft renonaolo? The ...I_r I, IIOt ..pocC14 CO ~. II ,,,,r' ""I.....nul ...ll't. ._ Id.ntl'tfn, tnat an .".ct wfl' bo po~tl."" Ilrt. (c.'''' II ... IIOt ..an tIltt ft I. .,.. ftIC....ril' ,Ionl'fcant, Any hr,. .f'ect ...t boo ...Iuated In PUT J CO deUrIII.. II.snl'Ic.-. ",I_tlf,IIII III .(f.c~ In ~01""," Z .1"0111" ask. tIltt it 1M I...... It l'uJ'CW. . , . . TIle E.."",I.. pro.tded ore ~ Inht the N.I_r DI/ .....In' t",.. ., ."ecea 1/141 wIltN..r IIOnlbl. tilt \IINf of ...a,n!tude that would trigger I N.IIO.... hI c.I.......I. TlIo la_'.' are "".rI111 ",llulll. tIII'Ou,llOut tt Stat. and tor lItO,t I1tuatlon., lut. '0.. an1 .0.cHIC project or .It. ,tIltr .....,.. fwIJ.,. 1_1' tAn""'e11 .." D. ..... approprllte 'or I Poclfttl., La". ,-ct Ntl89' . Each project. on each .It.. fn .Ich 10call11. "Ill ...". Tllonforo. tilt IIlUIPIII ..... boon .ffll'lll II lulcll Th." do Me constftut. an uhaustl.. lilt of IIIPICU .... CIl.......,411 to ...- .. .,..'1... _ Th. nuoOer of ullllP'.s per qUlltlon ... IIOt IndlUU till \IIportlllC8 of ..'" quat1oli. " INSTRUCTIONS (Reid Cart'ul1,,1 I. Answer each of tII. 18 questfo", In pm z. ...wer Is!. If tIIIN .111 II. i!!t .ff,"- b. Mlybe InsweM' should be cansld.red II !!1......... C. If Ins..erf'g Yes to I ouestlon then check tilt l,proorllU loll (colyon I a.. Z) to Indlcat. tho potentl., .Ize 0' tho IlIOlCt, I' I..,.ct tIINSholcleqUlls ~r IIlCM'U .., '.alIlIl. "ro.14I4. CI1Ick eo1_ Z. I' I..act will occur but tIIrllholcl I' 1_ tIIM .....1.. cNClI COl. 1. . d. If re.I...er hIS doubt lDOut tII. ,ta. of till IIIIN" ;l14ll.....ldoP tilt I.."t II ...Sldl.ll, ,..... ... proceed to PART 3. ' . .. tf I IIOte.tially llrt. In:plct 0" e'fect CIIl b. red~ced 111 a chlnge In tilt project tD . ,... tlil" ,.... llI~nltude. place I Ye. In call'lIft 3. A 1\0 rtllIOnll Il14leo'" tIlIt SUCh I redUCtion II IIDt ...,,1111.. " 1. 2... 3. Sl'ALL TO lIOTEIITIAL CAlI I/'.PACT II MOOERATE wrtE REDUCED IY I""'ACT IMPACT PlIO.ItC1' CHAIlGE - - - - - - - - - - - - ~ - - . - - - - - - IlO YD 1. WILL THE~E aE Ao~ EFFECT AS A RESULT OF A PHYSICAl. QtA:lGi to I'i' 0 PROJECT SITE? \:.J ~~.moles thlt Would Apply to Col.-n .Z Any constructfon on slopes of 151 or g"lt.r. (1' f..t rise PO" 100 '00& 0' Ionqth). or whirl the ,_rll .1.... II till pteJOC\ are. .~c..d 10:. IMPACT ON LA.'CO - - Canst",ctlon on LI..d ..he.. the cIoptll to tilt WlU" tal. is I... tIIln J '..t. - Construction of ol.ed ~In Inq I..t for 1.~ or =SN wtIIl,I.. Canstructlcn on la.d ~hlre ~edrock I. expo.ed ... i.......,11 wlen,n 3 '"et 0' u,stlng ground surfac.. . Construction thlt ~ll1 contl.ul for .... thin 1 lIAr or 11..1.. lOre thin on. pn~s. or sta~e. EocI.ltlo. 'or mi.lnq ,urpo.es th.t woul~ rtma.. ~re ~ 1.000 tons 0' natur.1 ..tor,al (I.e, rock or soil) IlIr ,..... Const~Jct10. of any .ew sanltaP1 111141'111. - - .... - .. . .., - - Construction In I des Ignited flaodwll. Other IlIPlcts: - " - - - - - - - - ~ 1[S Z. WILL THER! SE AM EFFECT TO AllY UIIIQUE 01 UNuSUAL UIIIl fl)R/IS IX"O POUM~O" THE SITi? (I... cliff.. dun... ,..logical,.,... ~ ' CionS .' .tc. ) , , _ SpecIfic lllld foMllS: . ~'. - - . - - - . IMPACT OIl WATER III YES 3. WtLL PROJECl" AFFiCT ANY WATER 100Y DESIGl\ATED AS ..........0 ~X PROTECTED? (Un40r Articles 15. 24. 25 of ChI ",ir- ~ oneentl' Conservltlon Law. E.C.L.) , E..males that Would Apply to CotUDn 2 Dre<lgln9 ...re thl" 100 cubic Ylrd. of _tarl,l ft'OII chann.l 0' a protected Itre... " - - - X - - , - - - - .' - - " - - - Construction In I dellgnlt" freshw.ter or tidal ..tllft4. Other IIIll'cts: - - - - - 4. WILL PAOJ!CT AFFiCT ANY 11001-PROTECTED UlSTlllA oa IIPI III YES BODY Of tfATER1 ......................................:.....€> 0 Exlmoles that Would Apply to Coluon Z ' A to: Increase or deerease In the SUrfIC' .reI of .ny ~ -.,- of ..tlr or ..re thin I 10 Icre Increase or llKrIIII. Construction of I body of "Iter thlt uceedl 10 ICrel .f - surface Ire.. - - " - - - yES - - - - - - - - - - - - - - - - - - Other ll1Plcts: - III G> 5. WILL PROJECT AfFECT SURfACE OR GIlIIUHOWATEIl ~, E..mlts that Would Apply to Col_ Z Project wit 1 require I dhch'''' ,.,..U. Project requires use of I lourCI of ..tlr tIlIC .... IItC Ill.. Ipprova I to IIr... proposed projlCt. ' proj.ct recu;res water supply'''' ..ett. ..Ith .,..ta' thin 45 ~allons per lI,nut. pyoplng ClplClt1. Construc~lon or ooerstl~n cluslng Iny contlll..tion of I public water supply syst... - - - - - - Proj.ct will adv.rs.ly 'aff.ct ground>Oltlr. Liquid .ffluent will be conv.yed 0" t~ Iltl to flcilit,.S wnic~ presently dO not 1.lst or ~v. Inldequate ca~aclty, Project ..quirl"9 I f>ctlHy thlt ..auld UII ",tar III elcess 0' ZO.OOO gallo"S per day. Project will 'likely CIUst slttltlO/l or other dhCiW~' - Into an ,"lstln9 body 0' ..ater to t~ 'IUllt thet tharl "Ill be an o~vl~us visual eontrlst !n nltur,'_~~ltl"', - - ,,~~ - . . .. - , .. ~ . -.-. - Oth.r IlIlPac;U: .. WIl.l. PRnJECT Al.iE~ DAAIHAGE Flml, PAmMS 01 Sl:UolCl "'TEl 1lO YES RU:IOF.F? ...................... ...... ......... ...... ........ 00 Examale that ~auld Aoply to Colunn Z proj.ct would '....d. flood nt.r flows. - Proj.c;t Is ltk.ly ~ causl substAntial ,,.s1on. Project is Inco~ltlbl. .Ith 1.lstlng dra1ft191 ,at\eml. Oth!r Impacts: - IPlPICT ?HIIR /10 YES 1111.1. PROJECT AFFEC, AU QUAl.tTY1............:...............(E) 0 Ex."'.los that Ilau14 Apply to Col_ Z . Proj.c;t .111 tnduee I.~O or eare v,hic;l, tri" 1ft ~ 11... hour. Proj.ct .111 result In the Inci",rat1on o'.re ClIiIll CIIIl of refusI plr hour. Pra~'ct ,..I..lan rlt, of all conc..lnants will IxCeed 5 lbs. ~C!r hour or a "oat lOurc;e produCillf .,. CI\IIl 10 .lllton aTu'. ~er naur. Ot"er Impacts: 7. - t"'P~CT n~! PL.stlT~ MfD lr~'~"lS 8. WILL PROJ<CT AFF~Cl' A:1Y THREATEllm OR ElIOAIIGUc:il SPEetUT Ex.m.I.. th.t Weul4 Apply to ColWln Z Rlductlon of on. or more sPiel I' Its~ 011 tht new Yorll or Federal 11.t. using thl site, over or near ,ite or found on the Sltl. . . - - RemovlI of Iny portton 0' I crittcal or ,i,,1'1""t .Ud- It f. ha~ n~t. Ao?11catlan of P..tlclde or "Irblcldl over IDPI tbtft ('''CI I year ath.r t~1II for .grlwl t....1 (Ill",'''' Ot~tr lr::l'ac:.: - lllI YES (i)O \lILL ?~~JECT SC~S7.~::il~LLY AFF!CT :lO:I-OlIWTi:lC ~il ~ YES E~C:';I(;E~EJ i?ECiOi? ........................................00 EUII':)le ~!'Ilt t;loul~ :"pply to Catum Z 9. - proJ.ct ~ould ."~.t.nttally Interfere .1 eft '"1 rall,,"t or migr.tary ft.h or .lldllf, .~'cl". Prnject r''!cui,.es the retr.O'I41 0' ::".Ore th... 10 I~"" of ..ature fore.t (,.er 100 l_.rs In a._) or o~,.r 10Cl111 i=~r~ant .~~t.:;an. --,- 1. IIALL TO 'ODEllA TE IMPACT - - .,. - - - - - - - - - - - - - -. - ... - .. t.\l, LAilGE t,.,,,CT - - - - - - - - - - - - - - - - - - s. c;.ul '''PACT Ii REDUCED IIY P~ ECT CHAIIGI - - - . - - - - - - - - - - - - - - - - . --' - It'PACT 0:1 VISUAL RESOURcr 10.. WILL TIlE PPOJECT ~FFECT VlEtIS. VISTAS OR THE YlSUM. CllAAACTER OF THE :IElGltIlllRI'OQO OR to!':lUII"l .............. Ill) YES <DO - E.lm~les th,t Would Apply to talUln Z An IncORPltlble vlsull Iffect caused " tho Introduction of new .,urlals, colors lIlellor to... In _trut CO C/Ie surrounding llndlelpe. A project e"l1y visible, not eeslly sc~~\lt t. "vlou.l, different f..... athon .roumI It. Project will re.ult In the ellMlnotlon or ..jar Icreenlng a' scentc .Iewl or vllt.. '- CO M lapo !'t.n t to the u.... . Other IlIIIlOCU: - - 11. I"P~CT ON HISTORIC RESOUR~~i \lILL PROJECT WPACT ANY SIT!;, OR STRUCTURE OF HI$TOl1C. Ill) YES PRE-HISTORIC OR PALEOflTOGlCAL II'JlOIlTAHCU .................00 E.....ole. thlt Would Appl, to tal.... Z Project occurlnq whall, or portlllly within 0' conttguOUS to In, faclHty or lICe lilted an tho latlonal .....ter.,. .I.torlc pl.ce.. My IIIlI.ct to In .rcheolaglc.l lito or foUn w lMlcM within the project .lte. Other I.poc t$: - - " INPACT ON OP~N SPACE . REC~:ATtOH . 12. WILL TIlE PROJECT AFFECT TIlE CUAllTlTY OR QUALITY OF EUSTING NO YES OR FUTURE OPEfl SPACES OR REtREATlOllAL OIPQ1~lTlal...... 00 E..~le. thlt Would Appl, co Cal.... 2 TIle Plmanent 'oreclosure of a future rKrUti01111 .,.rtulIt Cl. A ..jor reduction ef III open .,.. IlIlIOrtant to till ~tCl, Other I.,oct': - - I"P'cr "PI TM"~PORUT'O:I 13. \lILL TWE~E aE All Em:CT TO EXISTING TWlSllCRTATtllK SYST~? ............................................... Ill) YES 00 E.I~ole. thlt lIould Aoply to taluan 2 Alter.tlon a' pre.ent ~Itterns of ..vep.ent of peopl, Inellar goad:;. Project will relult In severe trl"ic ~ro'l.-a. Other ICIl.cts: -n- - - - - - - . - - - - - - - x - - - - .. . . - - " '- - , - -- - - .- - - - - - - ~,.. v . ,. CAll I/>!PACT.il REDUCE\) 8Y ,ROJEer tit,,,!: - .- - - - - - . - - - - - - - - - - . . ~ I~P.CT ON E!lE~GY 14. WILL PROJECT ~fFtCi THE CQ~4UHITIES SOURCES OJ fU~ QA ~ YES LoIflltGy SUPPLY1 ........ ....... ......... ...................,~O E~.mol.. th.t ~ould Apply to Column Z prej.ct cau.iog gre.ter th.n 5S In,,,.se In ~ fo" of enerqy used In mun;cipal;ty. Prejec~ re~uir;ng the creation or extension or 1ft energy trans"i..ion or supo11 syst.. to serve 110" thin 50 single or t'.fO far:lily residencas. Othor impacts: . I~PACT OH HOISE IS. WILL r"E~E BE OSJECTIONAGLE OCORS. ~ISE. GLARE. vta~TtON NO YES or nECT~l~L OISTURS';:ICE ^S " RESULT Qf TII15 PllOJ1CTl ....00 E~.mol.. that Would Apoly to Column Z Bluting within I.EOO feet of I hos~itil. selloOl or oCher sen.lt;ve faCIlity. ado,,", will occur routinely (IIOre th.n one hour lIer day). Project WIll oroduce oo.rating noisl .~cetdln9 the local ar.~i.nt 001S0 levels ror noisl outside of struc:ures. Preject will ro<o'. natural barriers th.t would ac: I' . noise scr~en. Other impacts: t~P:\c; Of! HEALTH .s ~AZ.~R"S 16. NO YES HILL PROJECT Afi'ECT PUBLIC IlEALrrl AllD SAr""tTYl .............G:>0 E..mol.. th.t Would Apply to Column Z Project will c...e. risk of explosion or rele.se of hII.rdous subsc.oces (i... 011. pestiCIdes. chemicals. r.dlatloa. e~.l In tho event of accid.nt or upset conditions. or ~ will be a chronic low I.vel dischlrge or ..lsslOft. Project that will result In the burial of .hazardous ..st... (i... to.,C. ~Olsonou.. highly reactive. r.dloac~iv.. Irrltatinl. inrec:'O.s. etc.. inclUDing wa5tiS thie Ire solid. MQI-solld. liqUId or cont.,o ].....l Stor.c. '.ci]itie. for eoe millIon or ~re glllons ;f llqulfled natural ias or other li~ujds. Otner IJn;lClcts: .,- EllT IAI. LAP.GE IIIPACT - -. .- . - - - - - - ~. C/oil t~PAtT.tE~' REilUGED ~ PReJECT CHA.,GE '- . - - - '- - - - - - . - - .- ." - - - - -:-:- - - - - -.' - -, - - - - - .- - .. ,- - - .- - I~PACT u~1 G~J~'!TH A~~ CHr,",lCH~ OF ern:::., OR lIEtGI!~"'P.HX" .0 . t., . .-' 17. WILL PROJECT AFFECT TWE CHAPACTER "F THE EXISTIIlli IllI YES Co~nmITY? 0............... ...........:.... ...... '.........(3) 0 E..mole that Would Apoll to Col"",n Z '. The population of the City, Town Of VIlllie In which th, project is locltad is 1 ikell CO ,raw '1 DOff &Atn IS o~ resident hum.n population. The municipal budgets for capital ea.endltures or ap,rl- ting servlces will increase b1 ~re tn.ft 5S pa~ ~r II I result of this project. Will lnvolve any .ermanant 'acllitj of I non-I,rlculturll use in an agric,ltural district or remov. prl.. IgrlGulturll lands from cui tivation. The project will replace or ellnlnat. ealstlng faGIlltles. struct,r.. or areas of historic illllOrtanGl to till c_tt.,y. Development will induce an Influa of a partIcular a,. gro"p with special needS. P"'jee: will set an ia:pol'Unt precedent for futllnl proJtcU. Project will relocate 15 or more .-plole.s In one Dr .ore businesses. other illlpOct.: I 18. IS TWERE PUBLIC CONTROVERSY CONC~lllli TnE PaGJiCTl NO . YES .......0 G) Ea>m.le. that Would Apply to Column 2 Either gov.rn~ent or citjzen. of adjlcent comnunitles have expres.ad oppositIon or rejected the project or have not been contacted. Objections to the project fron within tile c_n1t1. U'PACT l:tPACT PROJECT r..!-..1.il~~ ~.. of '0 . . . - - - - - .- 0' . . - - - - - - . - 0- - - - - - - - , .- - - - - - - . - - x - IF AllY ACTIGH IN PART 2 IS IDE!rrlFIEO AS A mEilTlAL LARGE I/'!PACT OR IF YOU CA:l:IOT OETERl4Il1E TWE IlAG:IIllJOE OF UlPACT, PROC~ED TO PAU 3. PORTJOH$ 01 eN COMI'l.iTiII fOI THII 'PllOolEc:T; , 0 PART I _ '~T n _ MRT..a OETERI1IIIATlON ..~_. Upon review of the information recorded on this fAF (Plru 1. Z and 3) anj consider;nq both the mlgnitud. and l-oortlftGl of IIGh impact. it Is reasonably determined that: A. The ,roject will result in no major impacts and. therefore, Is one whIch may not CJuse significant d~ge CO the .nviro~t. a. Although the oroject could have a signifIcant efflCt on the envlror.min:, there will not be a sig~lfic&nt effect In this cI'e tecJu~e tha mltlQ~C1Cn ~t$~res cescrtb.a in 'Air 3 AtVI ~n lnc!;~ced as pare' or :l1e :Jraposid ;)roject. . c. 7he ~r~ject will r~5ult in one or ~Qr. m.~or .dver1. 1-o.ct$ that cannot ~. reduced .ne mal caus. significent ~ge ~ tne ..nvircnm~nt. Data Si9nature of Preoarer (if different f~ ~.,ponslole offl",) -,,,- ~AR& A HWTlYE lliCLAIlATIOH o PUPAllE A IIEr~TlVt llttl.AllATlOtl Q. P~~AR[ POSITIVE OECLARATIOlI PRQCtED WI 00 0 .. , 0 Slgn.cure afJi~sillle .OfflGfeTTn'l, "''''G1 . 'i'lIit or'type IWIIilI orrlipOns'llT,-afnc III L.ad A9tnCJ' .. o' . - . Southold, N.Y. 11971 (516) 765-1938 October 2, 1987 Merlon Wiggon, Ph.D.., M.E. President Peconic Associates One Bootleg Alley, P.O. Box 672 Greenport, NY 11944 Re: Young's Marina Dear Nr. Wiggon: The Planning Board has determined that a site plan is required for the above mentioned. Please submit a complete site plan including all the required elements such as drainage and grading, and proposed parking. Enclosed is a site plan checklist for your information. Very truly yours, B~0~J~' BENNETT ORLOWSKI, JR. CHAIRMANOD SOUTHOLD TOWN PLANNING BOARD enc. cc..: X~ fI<<.t.~e4..~ /()~1/~1 - . h<...v _'::<"1-./~- d~ .-6-., -~ ~ / ~ ~~ ,u.1~~' .. T D Southold. N. Y. 11971 (516) 765-1938 October 2, 1987 Merlon Wiggon, Ph.D., M.E. President Peconic Associates One Bootleg Alley, P.O. Box 672 Greenport, NY 11944 Re: Young's Marina Dear Mr. Wiggon: The Planning Board has determined that a site plan is required for the above mentioned. Please submit a complete site plan including all the required elements such as drainage and grading, and proposed parking. Enclosed is a site plan checklist for your information. Very truly yours, B~0~,lh. BENNETT ORLOWSKI, JR. CHAIRMAN OD SOUTHOLD TOWN PLANNING BOARD enc. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN .. TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: September 25, 1987 NAME: APPLICATION NO.: 574 PECONIC ASSOCIATES ON BEHALF OF YOUNGS MARINA This notice is issued pursuant to the provlslons 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 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: To enlarge and rebuild marina for 138 boats to include. 4 main docks and 69 finger piers and approx. 2900 cu, yds. of dredging. LOCATION: Sage Road, Southo1d. 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. ' - ..till.. ..-......... PECONIC ASSOCIATES, INC. Engineering, Marine & Energy Consultants Environmental Planning One Bootleg Alley P.O. Box 672 Greenport, New York 11944 (516)477-0030 September 8, 1987 Southold Town Planning Board Southold Town Hall Main Road Southold, L. I. New York - 11971 Re: Young's Marina Southold, New York Gentlemen: Enclosed is a preliminary layout of Young's Marina depicting a change from the present ninety-one (91) slips to the proposed one hundred thirty-eight (138) boat slips. Permit applications for7fh~~ ~e to Southold Town Trusteesfl~d is in the process of being made to D.E.C. and the Corp of Engineers. As there are no changes being made to the upland facilities, and there is no new bulkhead being installed, it has been mentioned that Planning Board approval may not be a ' ,.~~_-p requirement. '/k~~ ~,..;. AM--~---~' Would you please review the attached plans at your next work session, and advise us accordingly. Also, request a preliminary meeting for discussion on subject project as soon as pracitcal. Sincerely, PECONlC ASSOCIATES, INC. ~~V'~' Merlon E. Wiggin, ~.E. President Enclosure MEW!iw _....rS2,~~~-,-~ ~!t~!~~'t~ . '.}',..~~,ir~;'1 ,.);^\;; . ' '~" . . ..; ;:::~~'{(i:~i~~~~~;-i.::\~ ~;'i%~~iJ'i TOP 0 G RAP Hie MA PO F".. .....,.~<>'.,. .,}"'L, . . .... .' . '. ...~;i.('.i.;~i~;t~;~;~J.;;,;:i~~~. .lIy' 0 UN GS' !MA"'R' .""N'A'!' .1,1'f,.~?~;..i1/;'~";;~""" , ""ict:l;:"'~~'"":; 'fttit- . -~ ~'<:;::~:~:~l't;i-:::~~}::~~~ ,,__ ':~~~ ~i /;}~ " SAGE ROAD ':)i,,"J';if..:t,'!'~~~it'i~' . ,'.:. ,-:, ;' - >,__;~>~~_:),-,~.):'t~':h~' i<'N;,~:~~'.<.~:3~t't GR EENPORT, TOWN OF. SOUTHOLD, SUFFOLKCOUN,..X.~,N:,;ti E~YrJffPpJ~111;~i~' . PROPOSED/df~I~A. .F","~~. ......::Z~!~~~~~ HOWARD H Z~HN[R <t-.OOROTHY.,rgI"~jzE11'~' ../6:;70 6A~E: 8L.vq,!,qRCrtu=:op.r;.il;y.;.i}1ff:~J/tr/ '-'-: .", .,t.:~c_.- ,:" 1;':::~:''}'''". ~'1~__:~~~:';~;";',,::\;7'~~'1:~-:'~.1}~': 5UFF()LKCOUNTY TAX MAp D'STR.!CT~')oo6.~)t;?11:; SE:CnON 57, BLOCK I, ' LOT. ~,~~",,".:~,,;:'~:'tf~,'~,! . ZOIYINC,P'STR/G T I.C" ,L./~HT. INDU!!!ifR/ALUiils.Tl,N{' , ,.:? ,: .,., >:,'!:~:;~!1':~;;"~:~!f&~~~:; ,~,' . RECEIVED BY';,:,*",~;.~;,'~':., ',' ., :'. SllUTIIOI.D lOw!{ P\AIIKIKG BOMlD.,0';..'~i.;. t;.:.:.." , '!3:AUoG 2 A 1987 .,~':, , .'" i;~' ':t ."-.~~ ~ ~ " ., ,,",, .- , ~ ~~ DATE ;"'~j~~~-ijd,t;j. : ::"'-=--~ ' ,.... \ ._ _ t> I',' > "i~'~~;~1~ ' L~~~ ,,';", ~ .~~ . " '~'b,.~':r:~"/&:~::iJ~r~ OCKWOOD, KESSLER & BARTLEift'<'INc:~~P~~'u:;:,,~~; Z<i-~~~'~,~~~=--.. )NSULTING ENGINEERS ,SVOSSf:'!'~.!!Ew,.., .;:'i,'S6', ~ ~'~<).J: pf,..C/l:If1.o>::. -fo~,& "", ~ \,,0' ,. '-:iY ~ r ..., ,< ..,-W... dabi'. J~""'{:"';;';&,~ )';:~~~i',d;~:~?" ,~~ :,:,,~;~U::~c2.~.,.~)'1:i0:li#"'o .~ J 7" \',"'. ,.-: " .