HomeMy WebLinkAbout1000-57.-1-38.3 (4)
TRUSTEES
John M. Bredemeyer, ill, President
Henry P. Smith, Vice President
Albert J. Kropski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
Fax (516) 765-1823
-~,.."
j,U.t;Frt..f:['
(It> '
(vIS
SUPERVISOR
SCOTT L. HARRIS
" A ~
-". ..
.-' .'.
.,.~
. <-v'"
_.- i i
~ 1 ,~...(t",~
. f'''' ..,l._c'
, T- ~ .
. .
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIlOLD
t.I 77 - D ~ 3 0
BRICK COVE MARINA
m n w m
rn
fn)m
liD .25.
SOUTHOLD TOWN TRU S
RESPONSE COMMENTS OF
November 14, 1991
Response to report of Larry Penny, Environmental Consultant
dated September 25, 1991:
Page 2, Paragraph 1 - alludes to material submitted to the
Trustee file by Board consultant, Bruce Anderson and alleges
they were not made available for review or distribution. Mr.
Penny is alluding to the Environmental Assessment report of
Bruce Anderson of September 24, 1991 which was reviewed by the
Board IN TOTO at our September 26, 1991 public meeting, which
was attended by Mr. Penny. Even if the Board were obligated to
distribute this material prior to reviewing it, it would not be
an official document of this Board until approved, denied or
otherwise passed on by this Board.
Page 2, Paragraph 2 - with respect to Mr. Penny's comment, "the
instant file is thin and the materials hardly sufficient" seems
to point to the notion that the pendency and quality of a review
is directly proportional to its mass in pounds or kilograms.
The Board feels that with a thicker document the only relation
that can safely be ascertained from its heavier weight would
seem to be a waste of forest products and paper, hardly what we
would expect would curry favor with environmentalists.
Mr. Penny, an ardent and well known biOlogist-naturalist then
goes on to state "SEQRA anticipates that such large actions as
the one proposed when placed in an estuary setting will
significantly harm the environment". SEQRA only commands that
we treat an action on our type I list or in a CEA as a type I
action. SEQRA requires we carefully review a LEAF and adhere to
type I procedures as a lead agency, as we have done.
Page 3, Paragraph 1 - Although detailed in the Bruce Anderson
report of September 24, 1991, we affirm that we consider the
wetland areas as set forth in LEAF Part one A.2 as accurate and
representative of what is standard practice, further supported
by the fact that our wetlands ordinance is principally a
Brick Cove Marina
-
2
~
"Vegetative Code" and that ECL Article 25 imposes no criteria on
SEQRA or this Board and that underwater areas of the project
site are accurately described in the submissions to the Board.
Page 3, Paragraph 2 - The Trustees have reviewed the fact that
the site is poorly drained and after reviewing the SEQRA
analysis of Mr. Anderson, and the drainage plans for this site,
are confident the systems planned are adequate and substantially
beneficial to any prQPosed marina related activity.
Page 3, Paragraph 3 - Mr. Penny's assertion that hunting,
fishing and shellfishing opportunities will be foreclosed is
entirely inaccurate and relies on conclusions purposefully drawn
from misleading information he presents. He alleges water
quality degradation in the entirety of Sage Basin since 1986.
In fact the closure of Sage Basin to shellfishing in 1990 was
based on public health protection presumptions of discharge of
sewage; which are fully discussed in mr. Anderson reports as
being mitigated through proper controls such as pump outs,
tagging "Y" valves, etc. Absent such mitigation as considered
in this project, the basin will always be closed to
shellfishing. Based on the Boards experience in these matters
we expect to have all but the marina proper opened to
shellfishing through our close and cooperative relationship with
the shellfish control authority, the New York State Department
of Environmental Conservation (NYSDEC). We have produced
prior permits which have achieved this goal in the marina
setting. Although Mr. Penny chooses to compare Sage Basin to
Mattituck Creek he fails to discuss what we know from empirical
testing of Mattituck Creek water by ourselves and NYSDEC and
that most of the contamination there results from runoff from
roads, cattle and horse farms in addition to unregulated boat
and marina activity. The water at the entrance to Sage Basin
was tested by NYSDEC for the last three years under "worst
case" conditions of warm weather, Ebbing and/or low tide, after
heavy rains so as to be indicative of the water quality inside
the interior of the basin. These tests revealed that historic
marina operations land other activities) here did not transect
the "in water" quality standards of the National Shellfish
Sanitation Program. The marina is clean but a potential health
problem in relation to shellfish, the mitigation offered and
reviewed by the Board is considered a positive and very
substantial aspect of the proposal.
As far as the Boards experience with hunting opportunities ( one
Board member is a NYSDEC hunter safety instructor) we can
safely state that there are little or no hunting opportunities
to foreclose because firearms discharge laws prevent such
activity here. As far as the Boards experience with fishing
opportunities here (one Board member commercially fishes) we
would expect an increase in water access to fishing grounds and
possible improvements to eel and flounder on the site based on
our personal experience with dredge sites in creeks such as
this.
-~c-._
Brick Cove Marina
.'
3
.
Page 4, Paragraph 2 - Mr. Penny, as a well known biologist in
this bio-region (which be correctly identifies as unique), fails
to even postulate what endangered or threatened species exist on
our use the site. In addition to supporting the conclusions of
Mr. Andersons report, two members of the Board of Trustees hold
Baccalaureate degrees from major universities with significant
course work in botany; are fully capable of using tools which as,
dichotomous plant keys and guides and have never seen any
questionable species on site during the Boards numerous visits
there. The Board may however wish to require an osprey nesting
platform for the site. One member of our Board is an Osprey
lover who has participated in and is familiar with Osprey
research having appeared in several popular films on the subject
aired on National Educational Television. He feels the marina
environment here will not negatively impact the Osprey should
the expansion be completed.
Page 4, Paragraph 3 - The Board members do not believe that
ambient noise levels will increase for this site as a result of
an increase of activity associated with this expansion but may
wish to review whether the marina requires engine mufflers and
provides for language in leases requiring sailboat halyards to
be tied-off.
The closing comments of Mr. Penny continue to confuse
"in-water"/actual water quality with the highly protective
public health closures of shellfish lands recently enforce by
the NYSDEC in their capacity as the state shellfish control
authority under the National Shellfish sanitation Program
guidelines. This is akin to blighting the reputation of a
person who has had a blood transfusion by claiming they have
Aids without the knowledge of a blood test. The subtle
difference is of course that mitigation may even eliminate
potential injury to this site.
We agree with Mr. Penny that we are at the crossroads in in the
Peconic Estuary's history; our Board was created 315 years ago
to manage common lands in the Town specifically for the
protection of common rights in underwater land waters, fish and
fowl. This site, as private land with underwater land
ownership, was seriously scoured as a brick factory. As a
recovered estuary we believe it will be preserved substantially
with the mitigations offered. Nothing we have seen in Mr.
Penny's report of September 25, 1991 is deemed meritorious of a
DEIS or any change in the SEQRA status of the project.
Report of Larry Penny of October 17, 1991
1. Claims that the marina expansion will render the bottom
unfit for shellfish grow out contradict Mr. Penny's assertion
that the area is productive shellfish land in that the area was
previously cut and dredged when it was a clay mine for a brick
---'.
'Brick Cove Marina
.'
4
.
yard. In the intervening years the area has improved to what
the Trustees now regard as a poor shellfishing area based their
personal observation and knowledge of the area. We agree with
the finding of few shellfish of Mr. Anderson and prior surveys
conducted in the area. The survey of William Leverage, dated
October 17, 1991 is commensurated with what we have seen in
numerous visits to the site , i.e. little shellfishing goes on
here. The Board is on solid ground when it states NYSDEC
sampling at the entrances to this Basin is within SA water
quality conditions.
2. Item two enforces and endorses Mr. Penny's report of
September 25, 1991. WE DO NOT ENDORSE that report as having a
factual basis.
3. The Southold Town Code Section 97-28 is believed by this
Board to be the appropriate bench mark and activator for
discussions under SEQRA already concluded by this Board. We
support Mr. Andersons analysis.
4. Again we must re-iterate this Board has no obligation under
ECL 25, albeit very similar to Town Code Chapter 97. In regard
to minute cumulative impacts the Board has a history under its
Andros Patent powers and relationship with the Town Board
which will enable it to promptly act as we have in the past
should some unforeseen problem such as a dangerous bio-toxin
like TBT be associated with this or any marina in the future
in Southold. Noted for the record is our ban on TBT which
predated state action in this area.
5. Several members of the Board regularly operate vessels
greater than 25' in'length and in their eXPerience do not
anticipate any significant siltation effect to be seen with
vessels operating at safe speeds in the depths proposed for this
site. The U.S.C.O.E. and the N.Y.S.D.E.C. are particularly
cautious in granting discharge permits when silting may be a
problem in construction activities. They have already granted
such permits for this site.
6. The SEQRA review of a project is not designed to be an
exhaustive compendium of research. Mr. Andersons shellfish
survey seems to support the experience of the Board concerning
shellfish resources here. They are few and far between. The
marina property is private land which we do not anticipate
affecting any adjoining shellfish lands any more negatively than
currently is the case. The basin will continue to be a viable
place for fish, Crustacea and all manner of birds. Slight and
relatively minor changes in animal habits in the deeper waters
of a dredged basin are to be expected, such as an increase in
Brick Cove Marina
.'
5
.
the frequency of use by the diving ducks; mergansers or
goldeneye ducks in the Winter as they prefer depths in excess
of 4 feet to dive for
food. The mitigation discussed by Mr. Anderson and encouraged
by this Board of not disturbing intertidal and high marsh
areas will result in little or no loss of habitat for king
fishers, sandpipers, rails, herons, dabbling ducks, loons and
grebes. Mr. Penny is apparently unaware of the essentially
forgiving nature of the marine environment with respect to
anthropogenic impacts. Since this site proposes to control all
potential sewage discharges as well as control surface run off
there should be no direct BOD loading of the Basin, which
would be undesirable.
7. We no not feel Mr. Penny is qualified to discuss navigation
or such things as drag. The Board has reviewed the proposal
with respect to Mr. Andersons environmental review and. we
believe that the type of docks proposed will substantially
reduce frictional water losses. The experienced boaters on the
Board have navigated this channel with several large vessel's
and have never occasioned any problem entering or leaving the
Basin or marina area. We do not share Mr. Penny's
interpretation of the code as to these matters. We believe
substantially affecting navigation or flow of water to mean that
"a prudent mariner would have to change his or her course or
line of travel or would physically see a change in the tidal
flow of a stream as a direct result of the proposed activity.
We do not anticipate a problem such as this.
8. Again we do not share Mr. Penny's interpretation of the
Code as to "change the course of any channel or natural movement
or flow of any waters. We believe the natural flow for this
site will remain largely the same based on the large amount of
vertical structure already on site which will convert to
horizontal structure and the stable configuration of the inlet
which was the subject of prior approvals of this Board,
NYSDEC, USCOE.
9. Unequivocally, this project as proposed fully stabilizes
all lateral land features. Permit conditions of NYSDEC and
USCOE setting bottom slopes and requiring preservation of
existing natural vegetation are all stabilizing features.
10. We believe Mr. Penny is unqualified to speak at all to the
issues of health, safety and general welfare of our citizens.
The police and fire departments have already found no prOblem
with larger projects proposed for this site. As previously
discussed, Mattituck Creek's shellfish closures are indeed much
more closely related to the kind of abuse seen in Easthampton,
where Mr. Penny lives and works. The existing marina on site is
'Brick Cove Marina
.
6
.
viewed by this Board as a credible steward of the estuary by
virtue of the independent water analysis of the NYSDEC which
has shown no marina related problems to date.
Although long term impacts might be considered substantial if
reviewing a de novo application for a 138 boat marina where no
history of operations exists, there is nothing that this Board
has encountered in reviewing this and prior lengthy
DEIS/FEIS reports for larger projects proposed for the site
which would alarm us at all in such areas as traffic and
safety. Should other uses be considered which are not
traditional for this site, then this argument would bear serious
consideration by this Board and possibly others.
Mr. Penny's final comments are not generally note worthy as they
are unsupported opinions. This Board is however of their own
opinion that this site is unusual in being derived from a
seriously impacted historic clay mining center and not at all
similar to our native creeks and underwater lands. As such, we
do not believe a modest expansion at Brick Cove Marina (no
matter how it is tallied) can be compared with or be a precedent
for the public lands under our control which remain as the
largely undredged, fully vegetated, broad alluvial, wind, rain
and tidally drive estuaries not unlike the time this Board was
created over 315 years ago. We believe the new National
Shellfish Sanitation Program guidelines are a call to action and
are a valuable threshold to embrace for this historic Board. We
fail to appreciate Mr. Penny's apparent attempt to confuse them,
especially knowing he is a well respected environmental official
of another Eastern Long Island Town, a former resident and
employee of Southold.
Letter of Christopher Kelley of October 16, 1991
Page 2, Paragraph 3 - The Trustees do not believe there has been
any short sitedness in discussing the groundwater issues
surrounding this site. We stand by the LEAF and Mr. Anderson's
report.
Page 2, Paragraph 4 - The activities already
marina and neighboring homes are expected to
effect on the migratory birds in this cove.
Anderson's report.
surrounding the
have had a prior
We stand by Mr.
Page 2, Paragraph 5 - The Trustees are fully aware of this cove
as a shellfish producing area. It can only be reopened to
shellfish with the cooperation of this marina through the
pending permit process or through blanket legislation which
appears unlikely at this time.
Page 2, Paragraph 6 - We do not contend to know why boats in
large numbers will appear beautiful to one person and ugly to
.
'Brick Cove Marina
.
7
.
another. Our review is under the Towns wetland ordinance and
this ordinance has little to do with the aesthetics of an
existing marina site.
Page 2, paragraph 7 - The Trustees agree with all reports to
date which concur with their own observations that traffic is
not a problem for this site.
Page 2, Paragraph 8 - We stand by Mr. Andersons report with
respect to small to moderate impacts on circulation, biological
Productivity and ecology of Sage Basin.
Page 2, Paragraph 9 - Discharge of sewage to subsurface disposal
systems greater than 75' from waters edge are substantially
beyond the jurisdiction of this Board. This Board has directed
the Bay Constable and made investigations and complaints to the
county Health Dept. and NYSDEC to effect compliance over
failing subsurface sewage systems at other marinas in Southold,
but has never had a complaint on this facility. We regularly
include permit language to effect compliance and enforcement.
We do not appreciate that this concern is important. From our
experience marina operators run very visible operations and are
usually very cooperative in maintaining their sanitary
facilities.
Page 3 - In response to Mr. Kelley's conclusions; this Board
does not see anything in his letter which points to any failing
on our part to honestly embrace SEQRA. We can assure him, that
the Board would not entertain any discussion on the alternative
of placement of docks on the bays ide of this property in any
environmental report, even if court mandated. The notion is on
face value beyond comprehension. Southold Bay in this area is
well known for its finfish and shellfish populations which
should be left alone save for monitoring and harvesting. Our
experience with Bay sited docks leads us to believe they are
more prone to severe storm and Winter damage and will likely
result in the need for continuing dredge operations over time.
The Board of Trustees and conservation council of Southold are
usually very cautious over projects and have required many
impact statements for activities in Southold. Our experience
and review to date for this site further support our position
that a DEIS is not necessary here. There is consensus on our
Board that the emotional and legal barrage of Mr. Kelley's
clients is damaging our appreciation of SEQRA as a valuable tool
to protect the environment. We believe our obligations to the
people of Southold have been met in this process despite the
negative cloud surrounding one of his clients. The Chairman of
this Board does not believe the upset and disruption one of MR.
Kelley's clients caused the clerk to the Board concerning
photocopies last year, was ever met with a sincere apology.
Such behavior is no less polluting the human and social
environment of a small Town than an unforeseen impact on its
'Brick Cove Marina
.'
8
.
physical environment. The Board believes it has made no serious
omissions this time around.
...
.'
.
.
TRUSTEES
John M. Bredemeyer, m, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOlITHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
BRICK COVE MARINA
FINDINGS PURSUANT TO CHAPTER 97-28 (wetlands-standards)
These findings, in addition to those of Bruce Anderson,
consultant to the Board, which were fully considered, reviewed
and approved on September 26, 1991 concluding SEQRA for this
action and the subsequent reports of October 19, 1991 and
November 5, 1991 of Bruce Anderson, are to be considered as the
basis of our determination in this matter.
97-28A - The project as proposed will not substantially
adversely affect the wetlands of the Town because all the
commonly accepted standard mitigative strategies have been
considered, innovative construction of docks in proposed,
affects of activities surrounding the construction and operating
phases have been considered and reflected on, and all vegetated
wetlands on site will be undisturbed.
97-28B - The project as proposed will not substantially cause
damage from erosion, turbidity and siltation because the Board
has carefully considered and requested operational and
structural attributes of this project such as vegetative
buffers, low dredge slopes and bucket dredging which will have
only minimal affects on siltation, turbidity and erosion.
97-28C - The project will not cause any substantial intrusion of
saltwater into freshwaters of the Town by virtue of the soil
conditions of the site as disclosed in the environmental review
of the project.
97-28D - The proposed operations will not substantially
adversely affect fish, shellfish or other beneficial marine
organisms, aquatic wildlife and vegetation or the natural
habitat there of because all impacts as disclosed in the SEQRA
review are small, the Board has been to the site numerous
occasions and is familiar with its marine resources, and the
Board has successfully prevented and or reopened closed
shellfish areas in Southo1d by similar mitigation and
enforcement methods to those proposed for this site.
.....
,
e'
.
97-28E - The project as proposed and evaluated will not
substantially increase the damage of flood and storm damage
because no major coastal barriers or structures are considered
for this site and the proposed site improvements are actually
believed to reduce impediments to flow in the harbor.
97-28F - The proposed project will not likely affect the
navigation or flow of tidal waters in the area as this area is
already an operational marina which has not been subject of
navigation problems. Dock layout is orderly and provides
sufficient channels for maneuvering and water flows in the area
are not expected to be substantially altered because of
innovative floating docks which greatly reduce vertical supports.
97-28G - The proposed project will not substantially change the
course of any channel and the natural flow of waters is expected
to change little from the present state, as no substantial
change to the tidal inlet was approved by a prior wetlands
permit issued for the area and the natural movement of waters
will not likely be impeded or changed on account of minimal
dredging, maintenance of existing shoreline features and
elimination of many vertical dock supports.
97-28H - The project as proposed will not substantially weaken
the lateral support of other lands in the vicinity as all load
bearing angled land surfaces will remain vegetated with
indigenous plant species and all sub marine slopes conform to
the standard protective measures required by USCOE and
NYSDEC; and no new bulkheading is proposed for this site.
97-281 - The project as proposed will not likely otherwise
adversely affect the health, safety and general welfare of the
people of the Town because: police and fire protection needs
will not be affected greatly, traffic associated with marinas is
not considered a problem for such expansion of boat numbers,'the
potential of reopening previously closed shellfish lands is
great thus reducing public health risks and the concurrent
environmental controls on the site will ensure safe swimming and
fishing in Sage Estuary.
.--
,
.
.
TRUSTEES
Iohn M. Bredemeyer, ill, President
Henry P. Smith, Vice President
Albert I. Kmpski, Ir.
Iohn L. Bednoski, Ir.
Iohn B. Tuthill
SUPERVISOR
SCOTI L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOumOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
November 15, 1991
Mer10n Wiggin
peconic Associates
One Bootleg Alley
P.O. Box 672
RE: Brick Cove Marina
SCTM #1000-57-1-38.3
Dear Mr. Wiggin:
The. following action was taken by the Southo1d Town Board of
Trustees on November 14, 1991 at their regular meeting;
Whereas, the Trustees have concluded SEQRA in this action on
September 26, 1991 having completed our second and thorough
SEQRA process for this site;
Whereas, the Board of Trustees as an operating entity was
created over 315 years ago to help manage the Towns common
natural resources;
Whereas, the Town Board has chosen this Board to steward its
wetlands ordinance for the people;
Whereas, the Board of Trustees has reviewed the instant proposal
in light of the standards set forth in the wetlands ordinance;
Whereas, this Board has considered all relevant comments raised
in this application process including but not limited to:
complete application process, SEQRA process, (including
Environmental Assessment), comments on the LEAF and SEQRA
process, wetlands ordinance, public hearing and meeting
discussions;
Whereas, the Board of Trustees pOlicy of visiting sites of
proposed project led to at least 5 on site visits by the entire
Board to this location;
Therefore be it RESOLVED that the Southold Town Board of
Trustees approve the wetlands permit in the matter of the
'Brick Cove Marina
.
2
.
application of BRICK COVE MARINA by peconic Associates on behalf
of Southold Bay Associates, map dated as amended September 18,
1991, with the following permit conditions:
1. The temporary stockpiling of spoil resulting from
dredging shall be limited to the "Temporary spoil Disposal and
Dewatering Location" as designated on the survey prepared by
peconic Surveyors, P.C., last amended September 18, 1991.
2. Lateral movement of spoil shall be controlled by the
placement of haybales placed end to end and firmly staked into
place along the boundaries of the "Temporary spoil disposal and
dewatering location" as designated on the survey prepared by
peconic Surveyors, P.C., last amended September 18, 1991.
Haybales shall remain in place until spoil is removed.
3. All power washing of boat bottoms shall be limited to
the washdown platform as depicted on the survey prepared by
peconic surveyors P.C., last amended September 18, 1991.
4. The overflow of the catchment provided as part of the
washdown platform shall be properly plumbed with "T's"
directed to the stormwater control improvements along the
western shore front of the parcel.
5. Haybales shall be placed end to end and firmly staked
with two stakes into place along the western shore front of the
parcel adjacent to sage Basin at the onset of stormwater
control improvements are in place and soils on the upland
portion of the site are suitably stable.
6. All proposed landscaping within 75 feet of mean high
water shall be of species native to Long Island as to preclude
the necessity of fertilizer and biocide application.
7. The marina shall continue to provide clean restrooms
available 24 hours a day for the use of the marina patrons.
8. A boat pumpout facility shall be installed and
maintained for the collection of boat wastes for the use of all
boaters docked at Brick Cove Marina and vessels coming to same.
The marina may charge a fee for the use of the pumpout as to
cover its costs of purchase and operation.
9. All boats docked at the marina having fixed installed
toilets shall also be equipped with holding tanks which permit
the collection and pumpout of boater waste.
10. All seacocks of sanitary system "Y" valves shall be
in closed position and sealed by means of suitable tag with
serial number.
11. Logs shall be maintained of use of the pumpout
facility and shall indicate for each boat having been serviced;
'Brick Cove Marina
.
3
.
the date of pumpout; the name of the employee servicing
pumpout; the vessel registration number; the volume of
pumpout; and serial number of "Y" valve seal tag.
12. Logs shall be made available to the Trustees, Bay
Constables and any federal, state or local public health,
environmental or building code enforcement official requesting
same on any unanounced inspection.
13. The applicant shall erect signs promoting the use of
the pumpout facility as per DEC permit condition.
14. Collected boat waste shall be disposed at the
scavenger treatment plant at Greenport, or other scavenger waste
treatment plant, or in the relocated septic system on site. The
marina shall maintain records including receipts from treatment
plants if appropriate, or date and volume of pumpout if disposed
in an on-site septic system.
15. The marina shall install an osprey nesting platform at
a mutually agreed location of Mr. Bruce Anderson, consultant to
the Board.
16. Specific language in the leases of prospective marina
patrons shall include provisions to control engine noise with
mufflers and secure all loose halyards with proper tie offs or
face loss of marina privileges.
17. Docks proposed as the innovative floating design shall
be maintained with the same functional attributes as described
in the literature submitted to the file.
18. All other governmental permit conditions shall be
adhered to.
19. All operations subject this permit shall be concluded
in one continuous action of as short a duration as possible
without endangering personnel, these permit conditions or the
general environment, excepting that an operating pumpout station
must be in service by April 15, 1992 on site and all "Y"
valve/toilet restrictions/toilet signage and toilet sealing
activities of marina patron boat heads must commence immediately.
20. The Trustee office shall be notified within 5 days of
completion of DREDGE ACTIVITIES.
21. A survey by a licensed surveyor or engineer shall show
the completed dredge area depths at not more than l' (one foot)
increments of elevation as soundings in 20 locations throughout
the dredged area. Said survey shall be submitted within 90 days
of the completion of dredge activities.
22. The marina shall perform concurrent water quality
monitoring of Sage Basin with grab samples collected at minimum
"Brick Cove Marina
e.
4
.
water once monthly from April thru October by an approved public
or private laboratory for total and fecal coliforms according to
the National Shellfish Sanitation Program guidelines and the
appropriate testing methods recognized by the state shellfish
control authority (NYSDEC). at minimum, said samples shall be
taken on ebbing/low tide and have accompanying data sheets
denoting time of sampling, location, tidal cycle and weather for
the previous 24 and 48 hours and any other information
consistent with NYSDEC shellfish regulations. Samples shall
be collected at the following locations:
One at the inlet entrance.
One within the confines of the marina but greater than 50'
from shore.
One at a written designated location of Bruce Anderson
Environmental Consultant, which may be changed annually.
One at the entrance to the bulkheaded canal at Southold
Shores.
One at a written designated location within the project
area by Larry Penny, Environmental consultant, which may be
changed annually. Should Mr. Penny not elect a site an
additional site of Mr. Anderson's choice shall be sampled.
23. Once annually in the fall of the year the surficial
bottom sediments underlying the sites described in condition
number 23 shall be sampled and tested by a certified laboratory
according to EPA/Standard Methods for the minimum of the
following heavy metals sometimes associated with marina
operations: Copper, Zinc, Nickel, Lead, Cadmium, Mercury, Tin,
Chrome.
,
23a. The Board will review all test results after the
first year and may elect to continue the sampling program.
24. The Trustees may, upon the finding of any National
Estuary Program final report which identifies: limiting
nutrient(s), trace element(s), a chemical or biological
process(s) directly associated with marina activities as causing
or contributing to the Brown Tide (Anorexia anophagefferens)
or other positively identified undesirable marine organisms,
cause a hearing to be held pursuant to Chapter 97 at which time
additional environmental mitigation shall be considered for the
site including but not limited to requiring increased water
quality monitoring, environmental controls and absent any
alternative control method reduction in the size and number of
vessels to a lower limit of 95 (the number which was established
by the prior certificate of occupancy).
25. There shall not be more than 138 boats on the site
exclusive of prams or dinghies or unmotorized row boats.
'Brick Cove Marina
.'
5
.
26. A copy of the water quality data and pumpout log shall
be provided to the Trustees at the end of the boating season
during the calendar year in which it is collected.
27. No additional costs associated with setting up the
water quality monitoring program for this site shall accrue to
the Town.
28. Only "non-toxic" Anti-freeze shall be used on site.
29. Inspections pursuant to Chapter 97 and this permit
shall be performed by the Board or Bay Constable upon 24-48
hours notice for:
a. Installation of haybale and dredge spoil retentive
features (2 inspections).
b. supervision of dredge operations (5 inspections).
c. Installation of parking lot drainage prior to closing
up construction (1 inspection).
d. Inspection of operating pumpout facility for first
year (2 inspections, one unscheduled).
E. Inspection of all signage and boat lease additions (1
inspection) .
F. Inspection of removal of old sanitary system (1
inspection) .
g. F~nal dredge and dock installation inspection (1
inspection) .
NOTE: Wherein more than one activity may be inspected or
reviewed in a single visit, the applicant may request in
writing a return of any remaining fees upon the completion
of the project.
Total fees for 13 inspections at $35.00 per inspection = $455.00
30. The Board at its discretion may annually charge the
operation for one inspection at the prevailing inspectional fee
rate in order to offset ongoing expenses to the Town in
monitoring the pumpout compliance and sampling requirements of
this permit.
31. A copy of these permit conditions will be posted on site.
Vote of the Board: All Ayes.
Brick Cove Marina
e.
6
.
If you have any questions or problems, please do not hesitate to
contact this office.
Very truly yours,
~-~~~
John M. Bredemeyer, III
President, Board of Trustees
JMB:jmt
cc: Planning Board
Building Dept.
CAC
Bruce Anderson
NYSDEC
NYSCOE
SCDHS
Anthony Tolhill
Howard Zehner
Larry Penny
Chris Kelley
.
.
:A~fiu5
THOMAS A. TWOMEY. JR.
STEPHEN B. LATHAM
JOHN F. SHEA, III
CHRISTOPHER D. KELLEY
LAWRENCE M. STORM.
MAUREEN T. LICCIONE
DAVID M. DUSIN 0
P. EOWARD REALE
TWOMEY, LATHAM, SHEA & KELLEY
ATTORNEYS AT LAW
33 WEST SECOND STREET
P.O. BOX 398
RIVERHEAD, NEW YORK 11901
516-727~2180
TELEFAX: 516-727.1767
November 18, 1991
9 NORTH MAIN STREET
EAST HAMPTON, N.Y. 11937
516-324-1200
PETER M. MOTT t
LISA C. KOMBRINK
MARY C. CRONIN
JOAN C. HATFIELD C
MICHAEL A. SIRIGNANO
* NY, CT. FL BAAS
ONV.LA....A8
tNV&MDBA.AS
CNV&CTBARS
"
V.i. ~.~.l'!ftD.r.
7~li-11123
, i ~ i I 'lIi ~
~ .. a IIJIlI
Bennett Orlowski, Jr.
Chairman Southold Planning Board
Southold Town Hall
Main Road
Southold, New York 11971
Re: Brick COVE'! Marina/Yonn'i1'g Marina
Dear Chairman Orlowski and Member~ of the Board:
This office represents! Frank Flynn a neighbor of the
proposed marina expansion in the above. Mr. Flynn discovered on
Friday that the Brick Cove Marin~ matter was on for consideration
this evening. He had checked earlier last week and was advised
that it was not on the agenda. On Friday, he was advised that as
a result of Trustee action taken on Thursday evening, the matter
would be on before the Planning Board. I personally was out of
Town at the time and was unable to speak to him until this
morning.
Inasmuch as we have participated in the proceedings on
this matter before the Trustees, and in successful litigation
against the Town in this matter, over the past several years, we
would respectfully request an adjournment of consideration of this
matter before the Planning Board until a later date so that I can
be present. I am unable to be present this evening on such short
notice.
We hereby object to the granting of the site plan
application based on the defective SEQRA analysis as pointed out
to the Trustees and as is contained in their file. Furthermore,
.",
\C:i
.
.
the subject property lacks frontage on a public road as required
by ~280-a of the Town Law, and therefore, site plan approval
should be denied.
We look forward to a response from your Board in this
matter.
CK: js
cc: Mr. Frank Flynn
(~~~)
.
.
SU6At.&'
PI!>
1l5wl'l' ~
THOMAS A TW aV, ...~.
S T5.PHIIN II LA M
JOHN F, SH&A,
CHRlSTOPHII:.A
\.AWAeNCE M.
MAUfte-EN T, LI
OA,VtO M. DUBI
P. C:OWA,"O AI:
TWOMEY. LATHAM, SHEA &. KELI,EY
ATTOANE....S AT LAW
33 weST SECOND STREET
11',0. BOX 3.'
IUYl!:RHEAD, NEW YORK 11901
II'I!TeA M, MOT
LISA C. KOMIlA
MARV C. CflI,ON
JOAN C. HATFI
MICHAEl. A, 8'
e,a.7'2:?21eo
TELEFAX: 51'5.727.1767
November 18, 1991
~ NORTH MAIN STAGeT
e....sT HAMPTON. N.Y'. 11931
Slf.3t".1200
.NO
IIDJ U U UfiiI
001 NOV I 9/99/ @I
tt OrlowSki, Jr.
rman Southold Planning Board
old Town Hall
Road
old, New York 11971
f~'
DJ
Re: Brick Cove. Marina/Youna''''-Matina
Chairman Orlowski and Members of the Board:
This office represents Frank Flynn a neighbor of the
osed marina expansion in the above. Mr. Flynn discovered on
y that the Brick Cove Marina matter was on for consideration
evening. Be had cheeked earlier last week and was advised
it was not on the agenda. On Friday, he was advised that as
suIt of Trustee action taken on ThUrsday evening, the matter
d be on before the Planning Board. I personally was out of
at the time and was unable to speak to him until this
ing.
Inasmuch as we have participated in the proceedings on
matter before the Tru:>tees, and in successful litigation
st the Town in this matter, over the past several yearS, we
respectfully request an adjournment of consideration of this
r before the Planning Board until a later date so that ! can
resent. I am unable to be present this evening on such short
e.
We hereby object to the granting of the site plan
ication based on the defective SEQRA analysis as pointed out
he Trustees and as is contained in their file. Furthermore,
~u
(II
II
HI
~ I i
th~'i subject property lacks frontage on 11 public road as required
by"j:280-a of the Town L<,,,,,, and therefore, site plan approval
Sh~~lld be denied.
1,. We look forward to a response from your Board in this
-r
CK I
cc ~II
s
Mr. Frank Flynn
TOTAL P. 02
I ~
~. .,.',..u:-;;;-<;~~
1J~.<;;.'..'i\ffDL;~y
) ~'\;, ~~
! ~ l' ~
0':::;' k' ::2.
tl Q t~~' ~ :;:
~~ '; '. ~.~~
\:A. ~ '-~ \
\....-~ .C',. ~,- ,jJ
? ~O./ it.. "'t-~. pJJ
~"- .? ,.{
"~;t>?z./:j:,:ft V
.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr.. Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Soulhold. New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
November 19, 1991
Howard Zehner
Brick Cove Marina
1640 Sage Boulevard
P.O. Box 250
Greenport, New York 11944
Re: site plan application
for Brick Cove Marina
Sage Road, Southold
SCTM # 1000-57-1-38.3
Dear Mr. Zehner:
The Planning Board adopted the following resolution at its
meeting on November 18, 1991.
BE IT RESOLVED That the Planning Board confirm and
acknowledge for the record that it participated as an involved
agency during the environmental review of this proposal in which
the Southold Board of Town Trustees was the lead agency; and
that the Board of Trustees issued a Negative Declaration on
September 26, 1991, pursuant to the New York State Environmental
Quality Review Act.
Therefore be it resolved that the Planning Board
conditionally approves the site plan dated November 4, 1991
subject to receipt of the November 4, 1991 site plan bearing the
approval stamp of the Suffolk County Department of Health
Services and all conditions required by the Town Board of
Trustees.
If you have any questions, please call this office for
assistance.
Sincerely,
'~{/jj~'-I d
Bennett Orlowski, J~' ~5
Chairman
cc: John Bredemeyer, III, President, Board of Trustees
Victor Lessard, Principal Building Inspector
,.
,
Sl.lbF IL-b
Pb
VS
TRUSTEES
John M. Bredemeyer, m, President
Henry P. Smith, Vice President
Albert 1. Kropski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTI'L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold,NewYork 11971
TO:
Planning Board
FROM:
Board of Trustees
Brick Cove Marina ~AJ)
SCTM 11000-57-1-38.3 O' ~
November 15, 1991
RE:
DATE:
Please note that the Southold Town Board of Trustees approved
the application of Brick Cove Marina for an expansion with many
permit conditions. Map dated as amended September 18, 1991.
A copy of the resolution is forth coming.
If you have any questions, please do not hesitate to contact the
office.
'--"v V
.
/PECONIC ASSOCIATES. INc.
.
f6
lis
1
I
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477.Q030
Fax (516) 477.0198
October 15.1991
Southold Town Planning Board
Southold Town Hall
53095 Main Road/P. O. Box 1179
Southold. NY 11971
~ rn c~ ~ ,: I: rn ill
Dear Members of the Board:
~.m8Jir 80AR~
SUBJECT: Brick Cove Marina/Young's Marina
S.C.T.M. # 1000-57-1-38.3
Reference is made to Article 78 Court decision of November
18, 1988 in which it was stated that "...the matter of the
site plan approval must be remanded to the res ondent.
n s all not be a aln a en un er review
until after a DrODer and fullY coordinate enYlrOnmen a
assessment of the entire DroDosed marina expansion has been
completed in accordance with SEORA".
As of September 26. 1991 the Southold Town Trustees as Lead
Agency has classified the proposed project as a Type I
Action. has conducted a coordinated reYiew with all involved
agencies including the Southold Town Planning Board. has
rendered a Negative Declaration. and issued a Notice of
Determination of Non-Significance. (See attached.)
On September 12. 1988 the Southold Town Planning Board
approved the subject project's Site Plan subject to two (2)
conditions (see attached letter of September 15. 1988). both
of which have been addressed. Enclosed are cODies of Brick
Cove Marina Site Plan S-1 dated Seotember 18. 1991. This
is a revised Site Plan submitted as a result of a
comprehensive review with the Town Trustees and their
Consultant. This Dlan is basicallv the same as that.
previously submitted to the Plannina Board with the
following specific revisions~
1.
Relocation of Northernmost se~tic tank and leaching
system to a Board of Hp~lth a proved location.
2.
Boat wash down basin added and drainage line moved to
service same.
'-
,'""
Sauthald Tawn Planning
October 15, 1991
Page 2
Baard
3.
Marina water line back flaw preventer.
7
\
4. Tawn ~~tablisbed wetland line added.
Al sa en cia s ed i s Pa r kin and 0 r a i n a e PIa n da;t .d
1 . This is the same plan previausly subllllttecQ
P 1 ann i ng Baard for Yaung , s Marl ne Oal:ea JIII.rcnts,
the follow.ing specific revisians:
1. Existing sanitarv leachina svstem incl4jldi~Q li8;lltie; t.al'lK
~relocated (Area 2) as previausly r~quested.
2" Additian af clustered Red Cedar_~Lpreviausli'
requested.
3. Added boat wash dawn basin and relacated ca,tcll bu.!n to'
serVlce same.
4. Additian af back flow preventer on marina wat~r_s~~~tc~~
line.
Sincerely,
PECONIC ASSOCIATES. INC.
19~~M.E.
Enclasures as per text
cc: Mr. Haward Zehner
Anthany B. TOhill, Esq.
Christapher Kuehn
~- ._-
--,~._.....--~,...--
.
~7~.
,
TRUSTEES
John M. Brederneyer, m. President
Henry p, Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr,
John B. Tuthill
SUPERVISOR
SCOTI'L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOurnOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Septembe
mO\YIm
m
, CD91 8 /991
Howard Zehner
P. O. Box 250
Greenport, NY 11944
Re: Brick Cove Marina "
SOUTHOLD TOWN
PlANNING BOARD
Dear Mr. Zehner,
Please be advised that the above referenced project was
classified as a Type I action by the Southold Board of
Trustees. In accordance with SEQRA, written coordination
with involved agencies was conducted for the purpose of
establishing Lead Agency. Upon receiving no objection from
other involved agencies, within the mandated time period,
the Southold Board of Trustees assumed Lead Agency status
and rendered a NEGATIVE DECLARATION, Enclosed please find a
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE which has been
sent to the Commissioner of the New York State Department of
Environmental Conservation, for publication in the
Environmental News Bulletin.
Sincerely,
tY-~
John Bredemeyer, President
Southold Board of Trustees
Enclosed: Notice of Non-Significance
.
.
TRUSTEES
John M. Bredemeyer. m, President
Henry P. Smith, Vice President
Albert J. Kmpski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTf L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
ToWll Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971.
September 27, 1991
RESOLUTION: BRICK COVE MARINA
Whereas, an application for wetlands permit was submitted by
peconic Associates, Inc. on behalf of Southold Bay Associates
for an action known as Brick C~ve Marina on July 29, 1991; and
Whereas, the application was deemed complete by the Southold
Board of Trustees on August 1, 1991; and
Whereas, the Southold Board of Trustees declared Lead Agency on
September 5, 1991; and
Whereas, an Environmental Assessment Form ("EAF") Part 2 and 3
were prepared; and
whereas, the Southold Board has familiarity with the site, the
proposed project; the impacts associated with the project, the
mitigation of those impacts and the importance of those impacts;
and
Whereas, the Southold Board of Trustees agree with the contents
and accuracy of the EAF Part 2 and 3; Now Be it
RESOLVED, that the Southold Board of Trustees hereby adopt the
complete packet of the Environmental Review of the matter of
peconic Associates on behalf of Southold Bay Associates for the
action known as Brick Cove Marina including EAF Part 2 and 3
and exhibits provided by the applicant.
.
.
TRUSTEES
John M. Bredemeyer, m, President
Hemy P. Smith, Vice President
Albert J. Kropski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTI L. HARRIS
Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOlD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 27, 1991
RE: BRICK COVE MARINA
The following action was taken by the Southold Town Board of
Trustees at the Special meeting on Thursday, September 26, 1991;
Whereas, an application for wetlands permit was submitted by
Peconic Associates, Inc. on behalf of Southold Associates for an
action known as Brick Cove Marina on July 29, 1991; and
Whereas, the application was deemed complete by the Southold
Board of Trustees on August 1, 1991; and
Whereas, the project was classified as a Type 1 action pursuant
to SEQRA; and
Whereas, an Environmental Assessment Form ("EAF") Part 2 and 3
was prepared; and
Whereas, the Southold Board of Trustees conducted a review of
the information recorded in the EAF Part 1,2,3; and
Whereas, the magnitude and importance of each impact has been
considered and reasoned elaboration given, and
Whereas, the Southo1d Board of Trustees have considered all
criterion under Section 97-28 of the Town Code; Now be it
RESOLVED that the project known as Brick Cove Marina will not
result in any large and important impacts and, therefore will
not have a significant impact on the environment; and be it
further .
RESOLVED, that a negative declaration shall be prepared and
filed with the New York State Department of Environmental
Conservation and all other involved agencies as provided for in
ECL Article 8 NYCRR Part 617.
Vote of the Board: All Ayes.
.,-.~_.-
.
.
TRUSTEES
John M. Bredemeyer, m, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L BecInoski, Jr.
John B. Tuthill
SUPERVISOR
SC01T L HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOU1ll0LD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
c...
State Environmental Quality Review
NEGATIVE DECLARATION
Notice oLDetermlnation of Non-Significance
This notice is Issued pursuant to Part 617 of the Implementing regulations pertaining to Article
8 (State Environmental Quality Review Act) of the, Environmental Conservation Law. . ."
. Th Southold Board of Trustees
e . as lead agency,
has determined that the proposec~ .action described below will not have a significant effect on the
. environment and a Draft Envi,ronmental Impact Statement will not be prepared.
Name of Action:
Brick Cove Marina
SEaR Status: Type I
Unlisted
.
o
Conditioned Negative Declaration:
oVes
.No
Description of Acllon:
Reason(s) in support of the Type I Action Classification:
Project was classified as a Type I action because of its
location in a Critical Environmental Area,
5. C. Tax Map No.: 1000-57-1-38.3
Improve, modernize and enlarge an existing marina to
138 slips. Dredge approximatelr 2900 cubic yards of shoal
areas in and around marina to 6 below mean low water and
place resultant spoil on upland portions of the site.
Improvement to include a more efficient slip layout and the
addition of environmental improvements that include pump-out
station, interception of stormwater runoff, and landscaping.
.
.
Page 2
Reasons in support of the Negative Declaration: An EAF Part
1,2,3 is attached for your information and in support of the
negative declaration. All impacts associated with the project
as proposed were identified and analyzed. All impacts
identified as potentially large were reduced to small to
moderate as a result of mitigation. None of the impacts are
significant. No impacts were concluded to be important.
Location:
1670 Sage Road
Southold Town
Suffolk County
New York
For Further Information:
John M. Bredemeyer, President
Board of Trustees
Town Hall
P.O. Box 1179
Southold, NY 11871
A copy of this notice has 'been sent to:
Contact Person:
Address:
NYS Department of Environmental Conservation, Commissioner
NYS Department of Environmental Conservation, Regional Director
Town of Southold, Supervisor
Suffolk County Department of Health Services
NYS Department of State
US Army Corps of Engineers
peconic Associates, Inc., Applicant, Brick Cove Marina
Town of Southold, Planning Board
Date of Determination: September 26, 1991
By order of the Southold Town Board of Trustees, John M.
Bredemeyer, III, President.
.
.
TRUSTEES
John M. Bredemeyer. m. President
Henry P. Smith. Vice President
Albert J. Kropski. Jr.
John L. Bednoski. Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Pax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIlOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 27, 1991
RE: Brick Cove Marina
The following actions were taken by the Southold Town Board of
Trustees on Thursday, September 26, 1991 at the Special Meeting:
-
RESOLVED that the Southold Town Board of Trustees set Thursday,
October 17, 1991 at 7:00 p.m. for a Special meeting.
RESOLVED that the Southold Town Board of Trustees set Thursday,
October 17, 1991 at 7:05 p.m. for a public hearing in the matter
of the application of Peconic Associates on behalf of Southold
Bay Associates for the action known as Brick Cove Marina.
. .. I
.
.
NOTICE OF HEARINGS ON WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, OCTOBER 17, 1991, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND
ORDINANCE OF THE TOWN.
7:05 P.M. - Pursuant to NYCRR Part 617 and Article 8 of the ECL the
Southold Town Trustees as Lead Agency in the Type I action (Negative
Declaration of 9/26/91) set a public hearing in the matter of the
application of Peconic Associates on behalf of Southo1d Bay
Associates for the action of known as Brick Cove Marina to improve,
modernize, and enlarge existing marina (138 slips). Improvement to
include a more efficient Slip layout and the addition of
environmental improvements that include pump-out station,
interception of stormwater runoff, landscaping, dredging of
approximately 2900 cubic yards of material from the shoal areas and
the relocation of an existing septic system 100 feet landward of mean
high water.
ALL PERSONS INTERESTED IN . SAID MATTERS SHOULD APPEAR AT THE TIME AND
PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OPPORTUNITY TO BE HEARD.
COMMENTS MAY BE SUBMITTED IN WRITING PRIOR TO THE HEARING.
Dated: September 27, 1991
John M. Bredemeyer, III, President
Board of Town Trustees
By: Jill Thorp, Clerk
------------------------------------------------------------------
PLEASE PUBLISH ONCE, THURSDAY, OCTOBER 3, 1991 AND FORWARD ONE
AFFIDAVIT OF PUBLICATION TO JOHN M. BREDEMEYER, III, PRESIDENT, BOARD
OF TRUSTEES, TOWN HALL, MAIN ROAD, SOUTHOLD, 11971.
Copies to: L.I. Traveler-Watchman, Suffolk Times, Town Clerk's
Bulletin Board.
10 tlJ~
PECONIC ASSOCIATES. INc.
/I/'!{fl
:YJ 6r=1U;=-~
..~ .... CvtIr.~i.' f6
tr ." - ~,r ( .a.... fA ~ ".'E. '$A.a....... --
i/tutA ~), ~-?..1r:;:~-t'~
One BootieS Alley P.O. Box 672
Greenport, New York 11944
(516) 477.0030
Fax (516) 477.0198
II ~. ~ 4....... - .A r1.. &.-,..I...u.
~ ~ __ ...A~ .... -.... ~ ~
~ .'U. ~ .~~ .CL ~.........c ~-
~ .....,.~,4....,t'~-. '~'.." ;~. .._..::tlL.
I.UL. ~ t ~.. ........... ...""., .....,
;L- ~.. ~ ~i.".v..
r::L-t \I.lT r (.- 'hI.~
.1. f/. {;J.--
f77-tf}rb.
.
Environmental Planners & Consultants
July 29, 1991
Board of Town Trustees
Town of Southold
Town Ha 11
53095 Main Road
P. O. Box 728
Southold, L. I.
New York - 11971
SUBJECT: Request for Waiver - Chapter 97 - 21J
Dear Members of the Board:
Re: Application - Brick Cove Marina - Dated July 29, 1991.
Request a waiver of the above referenced paragraph of the
Southold Town Code because of its conflict with 6 NYCRR, Part
617, State Environmental Quality Review Act.
As previously discussed by the Applicant's Attorney, Mr.
TOhill, this paragraph of the Town Code is considered
preemptive to the State's law and, in practicality, would
make it impossible for the Lead Agency to fulfill its
responsibilities.
Sincerely,
PECONIC ASSOCIATED, INC.
cc: Mr. Howard Zehner
Mr. Christopher Kuehn
Fi Ie
moo
;'
Ce
<e
TRUSTEES
John M. Bredemeyer. m, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. BecInoski, Jr.
John B. Tuthin
SUPERVISOR
SCO'IT L HARRIS
Telephone (516) 765-1892
Pax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
Town Han
53095 Main Road
P.O. Box 1179
Southold, New York 11971
AUGUST 1, 1991
WORKSESSION
EXECUTIVE SESSION:
1. Permit 13890 for single family dwelling of Panagiotis
Gazouleas. Bay Constables report of 7/31/91.
2. BRICK COVE MARINA
a. Bruce Anderson memo of July 31, 1991 on bottom
contours.
b. Trustee resolution rescinding prior resolution and
waiver from Chapter 97-21-G of Southold Town Code
dated March 7, 1991.
c. peconic Associates letter requesting a waiver of
Chapter 97-21 J dated July 29, 1991.
d. Trustee resolution for waiver 97-21-J pursuant to
Chapter 97-22 of Southo1d Town Code.
e. Bruce Anderson memo dated July 31, 1991 regarding
completeness of application.
f. Trustee resolution for complete application.
3. Memo of John Bredemeyer dated July 27, 1991 regarding
"Conunoners"
4. Correspondence to Planning Board in regard to Brewer Yacht
Yard.
~rn
. .
TRUSTEES
John M. Bredemeyer, m, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. BecInoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
Pax (516) 765-1823
(e
(e
SUPERVISOR
SCOTT L HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIlOLD
RESOLUTION
Whereas Chapter 97-22 authorizes issuance of waivers under
97-21-J; and
Whereas Peconic Associates on behalf of Southold Bay
Associates have requested a waiver from the requirement as
set forth in Chapter 97-21-J of the Town Code for the action
known as Brick Cove Marina; and
Whereas there is familiarity with the site and the submitted
application among the Trustees; and
Whereas the relocation of septic systems away from the
water's edge is already a permit condition of the New York
State Department of Environmental Conservation pursuant to
their permit issued to Young's Boatyard & Marina (Howard H.
Zehner) on November 8, 1989; and
Whereas the applicant's agent has already begun
communication and proceedings with the Suffolk County
Department of Health Services, Bureau of Wastewater
Management for the relocation of the septic tank and
leaching system; now be it
RESOLVED that the Southold Town Board of Trustees hereby
grant a waiver from the requirement set forth in Chapter 97-
21-J to the applicant's agent, Peconic Associates, for the
applicant known as Southold Bay Associates, for the action
known as Brick Cove Marina.
00
, ~, ..
.
.
PECONIC ASSOCIATES. INC.
Environmental Planners .l Consultants
One BootieS Alley P.O. Box 672
Greenport, New York 11944
(516) 477.0030
FIX (516) 4774198
September 5, 1991
Board of Town Trustees
Town of Southold
Town Hall
53095 Main Road/P, O. Box 728
Southold, NY 11971
SUBJECT: Request for Waiver - Chapter 97 - 21J
Dear Members of the Board:
Re: Application - Brick Cove Marina - Dated July 29, 1991.
Request a waiver of the above referenced paragraph of the
Southold Town Code because of its conflict with 6 NYCRR,
Part 617, State Environmental Quality Review Act
specifically regarding the required Site Plan approval of
the Southold Town Planning Board.
It is the Applicant's intent, in accordance with the Supreme
Court of Suffolk County's decision that after the
coordinated Environmental Assessment is complete, that there
will be a Site Plan submitted to the Planning Board that
will be substantially similar to the Site Plan now being
reviewed by your Board.
Sincerely,
ASSOCIATES. INC.
"
.D. ,M.E.
cc: Southold Town Planning Board
Mr. Howard Zehner
Mr. Christopher Kuehn
Anthony B. Tohill, Esq.
I ill
.
.
~L&'"
Pi>
~
PECONIC ASSOCIATES, INC.
Environmental Planners & Consultants
One BootIeg Alley P.O. Box 672
Greenport, New York 11944
(516) 477.()()30
Fax (516) 477'()198
November 13, 1991
From:
Peconic Associates
To:
Re:
Southold Town Planning Board
Site Plan Approval for Brick Cove Marina, Sage
Blvd., Southold - SCTM # 1000-57-1-38.3
Dear Planning Board Members:
Your expeditious action of site plan approval at your
November 18, 1991 regular meeting would be greatly
appreciated. Such an approval is justified by the following
documentation:
o Whereas, prior Planning Board Site Plan was approved on
Se~tember 12, 1988 per letter of September 15, 1988
at ached and site plan of March 23, 1988.
o Whereas, Judge Luciano's Article 78 decision of May 18,
1990, which stated, "Thus, the matter of the site plan
approval must be remanded to the respondent, 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". See attached
Judge Luciano's decision of May 18, 199~.
o Whereas, the proper and fully coordinated environmental
assessment of the entire proposed Marina expansion was
completed by the lead agency, Board of Town Trustees,
in accordance with SEQRA on Se~tember 26, 1991. See
attached Trustee resolution da ed September 27, 1991.
o Whereas, a public hearing, under the provision of-the
Wetlands Ordinance of the Town of Southold, was held by
the Board of Town Trustees on October 17, 1991. See
attached Trustee resolution letter of September 27,
1991.
m
.,..
It
ill
, h''!:
.
.
o Whereas, formal site plan approval application was
remanded to the Planning Board by the applicant
October 17. 1991. Application letter and revised site
plan of October 15. 1991 attached.
o The site plan is basically same as proviously
approved March 23, 1988 plan.
o The Planning Board permit conditions of September
15, 1988, possible removal of existing sanitary
leaching basin and addition of Hetz junipers and
clustered red cedar, was accomplished on the
October 15, 1991 site plan.
o The boat wash down basin and relocated catch basin
to service same was added on the October 15, 1991
site plan as was a marine water service back flow
preventer.
o Whereas, the Planning Board letter of November 1, 1991
permitted the use of Little Leaf Linden as an
alternative to clustered red cedar landscaping (in
addition to Hetz junipers) and also requested 138
parking spaces (for the 138 boat slips), both were
incorporated into a November 4, 1991 revised site plan.
Also incorporated on the November 4, 1991 revised site
plan. per a sit-down meeting with Ms. Valerie Scopaz on
October 25, 1991 and subsequent telephone
conversations, was the elimination of landscaping where
Phragmites already exist in the proposed landscaping
locations.
o Whereas, the second revised site plan dated
November 4, 1991 was hand delivered to the Planning
Board Office on November 6. 1991. This revised site
plan incorporated the 15 additional parking spaces, the
location of undisturbed Phragmites, and the alternate
use of Linden trees vs. clustered red cedars.
o Whereas. all information requested by the Planning
Board has been incorporated into the November 4, 1991
S-2 site plan, and the site plan drainage and
landscaping has not been affected by engineering
considerations.
o Whereas, no submittal to other town agencies, i.e.
Building Department or Zoning Board of Appeals, is
required because of the present Marina M-II zoning.
o
Whereas, application has been made to the Suffolk
County Department of Health Services for the relocated
Area # 2 existing sanitary leaching basin.
attached.
rn ]
.
.
That we respectfully request a letter of permit for the
November 4, 1991 S-2 Site Plan, as determined at your
November 18, 1991 regular meeting.
Sincerely,
PECONIC ASSOCIATES, INC.
,
cc: Mr. Howard Zehner
Mr. Anthony Tohill
Mr. Christopher Kuehn
Southold Town Board of Trustees
o \'Il ~ W...,n
:,1
!U
",
.
.
4 .-.--""
TOWll Hall, 53095 Main Road
P.O. Box 1179
Soutbold,N.w Yotk 11971
TlL.IItIONI
(tll) "',IU'
PLANNING BOARD OFfiCE
TOWN OF SOUTHOLD
September 15, 1988
Mr. Howard Zehner
1670 Sage Blvd.
,Greenport, NY lU44
Dear Mr. Zehner:
The following action was taken by the Southold Town
Planning Board on Monday, September 12, 1988.
.'
,
~.
RE: Young's Marina
SCTH 11000-57-1-38.3
f!'"
RESOLVED that the Southold Town 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 loc&~ion of the existing sanitary
leaChing basin and the proposed drainage for dra1nage
area i2, the drainage system must be modified in
accordance with the Town Engineer's recOIllIllendationa,
as approved by the Planning Board.)
A supplemental landscape plan has been submitted
which shows a double staggered row of Hetzjunipers
(Juniperus Hetzi Glauca) planted 4 feet o.c., and a
series of clustered red cedars, between four ~ 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.) .
2.
ij,"
o \!l rn ~
. ,
~,'
'2:'
.'
~ ~'I,
f" 'j".
',e,l
f
,
!r"
-...
~..
.
.
-
If you have any questions, please QO not hesitate to
contact this office.
jt
~..
K;JJ:2
BENNE'l'T ORLOWSKI, JR.
CHAIRMAN
,
....
.1
.
. .
.~..
,,"'"
uurn
,..
.
. 'PAG~' 3 - WEISMANN V. ORLOWSKI
.
INDEX NO. 88/17086
expansion project.
Thus, the matter of the site plan approval must be remanded
to the re oar. ' nder
rev ntil after a proper and fully coordinated environmental
!J:8essmentof the entire Drnnnaed "'llriAa ex~~nslon
i~()r~ance with SEQRA. As noted e
e; n s the Board of Trustees it may well
be that an a equate 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 presen roposal. '
The second ground for seeking to vacate the subject site
plan approval is. as discussed in the accompanYing proceeding brought
.sainst the Town of Southold Board of Tru8tee8 i8 the failure of the ~
reepondent. Plllnning Board, to have itself prepared the SUbject If'
environlDentAl. ssseSSment fo!,rD.:. y~
While the form ehould~~ completely filled out and .~
considered by the lead agency the Court concludes here. as it did in .
the accompanyins proceed ins brouSht against the Board of Trustees,
that a lead agency may require the applicant to prepare the
environmental assessment form. (E.F S. Ventures Cnrn. v. Fnater. 71
N.Y.2d 359, 372.)
Also, as was conclu<<ed in the proceeding brought against the
Board of Trustees, the Court cannot grant the reques~d relief based ~
upon the third asserted ground for vacating the respondent's, ~ 7
PhlJ1nin( Board, action which is that the respondent, Plannins 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 lDake a determination of the si&nificance of the ,
environmental impact o~ 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
chanse of zone from a C-Light Induetrial Zone to an M-1 General
Multiple Residence Zone. Thus, the claim of a violation of the
,ZoninsOrdinance is rejected as moot. Alao 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. ,_._' _
~ ~
tf~
?
~
plan
Law.
.;
~
t"
""'C-."'l"'\"-T"~';~i::~..~'';,:''''~"~'~"----
.
.
TRUSTEES
John M. Bredemeyer, m, President
&nIy P. Smith, Vice President
Albert J. 1Crupski, Jr.
Jobo L.BednoIki, Jr. ,
John B. Tuthill
Town Hall
53095 Main Road
P.O. Box 1179 .
Soutbold, New York 11971
SUPERVISOR
SCOIT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
September 27, 1991
.
~OLU'1'ION: BRICK COVE MARINA
Whereas, an application tor wetlands permit was sul:lmitted by
Peconic Associates, Inc. on behalf of Southold Bay Associates
for an action known as Brick Coye Marina on July 29, 1991; and
.
";',
Whereas, the application waf deemed complete by the Southold
Board ot Trustees on August 1, 1991; and
Whereas, the Southold Board of Trustees declared Lead Agency on
September S, 1991; and
Whereas, an Environmental Assessment Form ("EAF") Part 2 and 3
were prepared; and' .
whereas, the Southold Board has familiarity with' the site, the
proposed project; the impacts associated with the project, the
mitigation of those impacts and the importance of those impacts;
and
Whereas, the Southold Board of Truste~s agree with the contents
and accuracy of the EAF Part 2 and 3; Now Be it
RESOLVED, that the Southold Board ot Trustees hereby adopt the
complete packet of the Environmental Review of the matter of
peconic Associates on behalf of Southold Bay Associates for the
action known as Brick Cove Marina including EAF Part 2 and 3
and exhibits provided by the applicant.
ff'
.
.
TRUSTEES
lohn M. Bredemeyer. m. President
HeIuy P. Smith, Vice President
Albert 1. KNpski.lr.
lohn L. &dnoski.lr.
lohn B. Tuthill
Town Hall
53095 Main Road
P.O. Box 1179
Southold. New York 11971
SUPERVISOR
SCOTT L. HARRIS
Telephone (5 16)765-1892
Fu (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIlOLD
September 27, 1991
.
RE:, BRICK COVE MARINA
The following action was taken by the Southold Town Board of
Trustees at the Special meeting on Thursday, September 26, 1991;
Whereas, an application f~ .wetlands permit was submitted by
Peconic Associates, Inc. onpehalf of Southold Associates for an
action known as Brick Cove Marina on July 29, 1991; and
Whereas, the application was deemed complete by the Southo1d
Board of Trustees on Augustl, 1991; and
Whereas, the project was classified as a Type 1 action pursuant
to SEQRA; and .
Whereas, an Environmental Assessment Form l"EAF"l' Part 2 and 3
was prepared; and
Whereas, the Southold Board of Trustees conducted a review of
the information recorded in the EAF Part 1,2,3; and
Whereas, the magnitude and importance of each impact has been
considered and reasoned elaboration given, and
Whereas, the Sout~old Board of Trustees.have considered all
criterion under Section 97-28 of the Town Code; Now be it
RESOLVED that the project known, as Brick Cove Marina will not
result in any large and important impacts and, therefore will
not have a significant impact on the environment; and be it
further
RESOLVED, that a negative declaration shall be prepared and
filed with the New York State Department of Environmental
Conservation and all other involved agencies as provided for in
ECL ArtiCle 8 NYCRR Part 617.
Vote of the Board: All Ayes.
.
.
TRUSTEES
John M. Bredemeyer. m. President
Heavy P. Smith. Vice President
Albert J. KrupIki. Jr.
John L Bednaski. Jr.
John B. Tuthill
SUPERVISOR
SC01T L HARRIS.
Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOumOID
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
..
,
Slate Environmental Quality Review
NEGATIVE DECLARATION
Nolice 9!.,Determination of Non-Significance
..
This notice Is Issued pursuant to Part 617 of Ihe Implementing regulations pertaining to Article
8 (Slat. Environmental Quality Review Act) of the. Environmental Conservation Law. . . .
Th Southold Board 'ot.Trustees .
e .' , as lead agency.
. has. determined that the proposed .aclion described below will not have a signJficant effect on the
.nvlronment and a Draft Envi.ronmental Impact Statement will not be prepared.
Name of Aclion:
Brick Cove Marina
.
SEaR Status: Type I
Unlisted
.
o
.-
Condll/oned Negalive Declaration: 0 Ves
.No
,
Oescriplion of Aclion:
Reason(s) in support of the Type I Action Classification:
Project was classified as a Type I action because of its
location in a Critical Environmental Area.
S. C. Tax Map No.: 1000-57-1-38.3
Improve, modernize and enlarge an existing marina to
138 slips. Dredge approximatelr 2900 cubic yards of shoal
areas in and around marina to 6 below mean low water and
place resultant spoil on upland portions of the site.
Improvement to include a more efficient slip layout and the
addition of environmental improvements that include pump-out
station, interception of stormwater runoff, and landscaping.
t<.
~'
.
.
Page 2
Reasons in support of the Negative peclaration: An EAF Part
1,2,3 is attached for your information and in support of the
negative declaration. All impacts associated with the project
as proposed were identified and analyzed. All impacts
identified as potentially large were reduced to small to
moderate as a result of mitigation. None of the impacts are
significant. No impacts were concluded to be important.
Location:
1670 Sage Road
Southold Town
Suffolk County
New York
For Further Information:
.
Contact Person:
Address:
John H. Bredemeyer, President
Board of Trustees
Town'l\all
P.O. Bo,\ 1179
Southold, NY 11871
A copy of this notice has "been sent to:
NYS Pepartment of Environmental Conservation, Commissioner
NYS Pepartment of Environmental Conservation, Regional Director
Town of Southold, Supervtsor
Suffolk County Department of Health Services
NYS Pepartment of State
US Army Corps of Engineers
peconic Associates, Inc., Applicant, Brick Cove Marina
Town of Southold, Planning Board
Date of Petermination: September 26, l~~l
By order of the Southold Town Board of Trustees, John M.
Bredemeyer, III, President.
~'
.
.
nUSTEES
John M. Bredemeyer, m, President
Henry P. Smith, Vice President
Albert 1. Krupski,lr.
John 1.. Bednoski.lr.
lohn B. Tuthill
Town Hall
53095 Main Road
P.O. Box 1179
Southold. New York 11971
SUPERVISOR
SCOTI' L. HARRIS
.
Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
September 27, 1991
.
RE:, Bric~ Cove Marina
The following actions were taken by the Southo1d Town Board of
Trustees on Thursday, September 26, 1991 at the Special Meeting:
RESOLVED that the Southold(~own Board of Trustees set Thursday,
October 17, 1991 at 7:00 p.~. for a Special meeting.
RESOLVED that the Southold Town Board of Trustees set Thursday,
October 17, 1991 at 7:05 p.m. for a public hearing in the matter
of tbe application of Peconic Associates on behalf of Southold
Bay Associates for the action known as Brick Cove Marina.
.
----------,----.,-~,.".,....-
.
.
NOTICE OF HEARINGS ON WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, OCTOBER 17, 1991, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND
ORDINANCE OF THE TOWN.
7:05 P.M. - Pursuant to NYCRR Part 617 and Article 8 of the ECL the
Soutbold Town Trustees as Lead Agency in the TYPe I action (Negative
Declaration of 9/26/91) set a public hearing in the matter of the
application of Peconic Associates on behalf of Southold Bay
Associates for the action of known as Brick Cove Marina to improve,
~ernize, and enlarge existing marina (138 slips). Improvement to
include a more efficient slip layout and the addition of
environmental improvements that include pump-out station,
interception of stormwater runoff, landscaping, dredging of
approximately 2900 cubic yards of,material from the shoal areas and
the relocation of an existing septic system 100 feet landward of mean
high water. . :~~
ALL PERSONS IN'l'ERESTED IN SAID MATTERS SHOULD APPEAR AT THE TIME AND
PLACE ABOVE SPECIFIED AND .WILL BE GIVEN AN OPPORTUNITY TO BE HEARD.
COMMEN'rS MAY BE SUBMITTED IN WRITING PRIOR TO THE HEARING.
Dated: September 27, 1991
John M. Jredemeyer, III,' President
Board of TOwn Trustees
By: Jill Thorp, Clerk
:
----..------------------------------------------------------------
PLEASE PUBLISH ONCE, THURSDAY, OCTOBER 3, 1991 AND FORWARD ONE
AFFIDAVIT OF PUBLICATION TO JOHN M. BREDEMEYER, III, PRESIDENT, BOARD
OF TRUSTEES, TOWN HALL, MAIN ROAD, SOUTHOLD, 11971.
.
Copies to: L.I. Ttave1er-Watchman, Suffolk Times, Town Clerk's
Bulletin Board.
~'
, .
.
.
//
/ PECONIC ASSOCIATE.S, INc.
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477.0030
Fax (516) 477.Q198
October 15, 1991
Southold Town Planning Board
Southold Town Hall
53095 Main Road/P. O. Box 1179
Southold, NY 11971
Dear Members of the Board:
SUBJECT: Brick Cove Marina/Young's Marina
S.C.T.M. i lpOO-57-1-38.3
'.....
Reference is made to Article 78 Court decision of November
18, 1988 in which it was stated that "...the matter of the
site plan approval must be remanded to the respondent,
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 accorda.nce wi th SEQRA".
As of September 26, 1991 the Southold Town Trustees as Lead
Agency has classified the proposed project as a Type I
Action, has conducted a coordinated review with all involved
agencies including the Southold Town Planning Board, has
rendered a Negative Declaration, and issued a Notice of
Determination of Non-Significance. (See attached.)
On September 12, 1988 the Southold Town Planning Board
approved the subject project's Site Plan subject to two (2)
conditions (see attached lett~r of September 15, 1988), both
of which have been addressed. Enclosed are copies of Brick
Cove Marina Site Plan S-1 dated September 18, 1991. This
is a revised Site Plan submitted as a result of a
comprehensive review with the Town Trustees and their
Consultant. This plan is basically the same as that
previously submitted to the Planning Board with the
following specific revisions:
1. Relocation of Northernmost septic tank and leaching
system to a Board of Health approved location.
2. Boat wash down basin added and drainage line moved to
service same.
.
.
.
.
Southold Town Planning Board
October 15, 1991
Page 2
3. Marina water line back flow preventer.
4. Town established wetland line added.
Also enclosed is Parking and Drainage Plan dated October 15,
1991. This is the same plan previously submitted to the
Planning Board for Young's Marina dated March 23, 1988 with
the following specific revisions:
1. Existing sanitary leaching system including septic tank
relocated (Area 2) as previously requested.
2. Addition of clus{€red Red Cedars as previously
requested. \
3. Added boat wash down basin and relocated catch basin to
service same.
4. Addition of back flow preventer on marina water service
line.
Sincerely,
PECONIC ASSOCIATES, INC.
19~~~:M.E.
Enclosures as per text
cc: Mr. Howard Zehner
Anthony B. Tohill, Esq.
Christopher Kuehn
r
.
.
PLANNING BOARD MEMBERS
Bennell Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOrf L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
Town Hall, 53095 Main Roa'
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
November 1, 1991
l-Ioward Zehner
Brick Cove Marina
1640 Sage Boulevard
P.O. Box 250
Greenport, New York 11944
'~. .
Re: Site plan application
for Brick Cove Marina
Sage Road, Southold
SCTM # 1000-57-1-38.3
Dear Mr. Zehner:
This is in response to your submission of a revised site
plan on October 18, 1991, and your subsequent meeting with Ms.
Scopaz regarding the parking and the landscaping elements of
the plan. .
with regard to the parking, the Zoning Code requires that
there be one parking space for each boat slip within a marina.
Since you propose to have 138 boat slips, you must show 138
parking spaces on the site plan.
with regard to the landscaping, ,the Board is amenable to
substituting Little Leaf Lindens (Tilia cordata) for the
Red Cedars. The Lindens should be placed 30 feet apart on
center.
The junipers should be placed between the existing
vegetation at the water's edge and the log bumpers outside of
the drainage system.
If eight copies of revised site plans are received in time,
the Planning Board can proceed with this application at its
November 18th meeting. If you have any questions, please call
Ms. Scopaz.
Sincerely,
&?I"'-tL:t1 dt.L~~ d~ /
Bennett Orlowski, Jr. /,Y,/VS
.
.
PECONIC ASSOCIATES, INc.
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477.()()30
Fax (516) 477-0198
November 5, 1991
Southold Town Planning Board
Town Hall/53095 Main Road
P. O. Box 1179
Southold, NY 11971
Re: Site Plan Application
Brick Cove Marina
Sage Road, Southold
SCTM # 1000-57-1-38.3
Dear Planning Board Members:
Reference is made to your letter dated November I, 1991.
\
Enclosed are eight (8) copies of the Revised Site Plan S-2
that depict the following revisions:
1. Increasing the parking spaces to 138;
2. Showing the lo~ation of the Phragmites, which will be
left undisturbed; and
3. The option of using the Little Leaf Lindens instead of
the Red Cedars.
Your expeditious action, review, and potential approval, so
that work can be scheduled during the coming months to
facilitate having the marina operational during the 1992
season, will be greatly appreciated.
Sincerely,
PECONIC ASSOCIATES, INC.
Enclosures: 8 Copies S-2 Site Plan - Revised 11/04/1991
2 S-1 (Trustee) Unchanged Site Plans
(You already have 6 copies)
cc: Southold Town Board of Trustees
Howard Zehner
F i Ie
.
.
,
PECONIC ASSOCIATES, INc.
"
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477.OQ30
Fax (516) 477-0198
" j
July 30, 1991
- "-
PLEASE NOTE
An communications to the Heal1h
Dept. must Include the Health
Dapt. reference No. '" . r Ii
I' J 10. ...
Mr. Robert Jewel
Suffolk County Department of Health Services
Bureau of Wastewater Management
Suffolk County Center
Riverhead, NY 11901
SUBJECT: Relocation of Septic Tank and Leaching System -
Single Family Residence, Brick Cove Marina, Nee:
Young's Marina, Greenport, New York.
Dear Mr. Jewel:
D.E.C. Permit No. 10-87-1618, issued November 8, 1989 (copy
attached) required that the existing septic tank and leaching
system for the single family residence for the above
referenced project be relocated one hundred (100) feet
landward of high water. (See Special Condition No. 16.)
Soil conditions are mainly clay in this whole area, and
basically there is no water table. The proposed relocation
(see Site Plan) contains a minimum amount of sandy material.
It also proposed to put in three (3) leaching pools and
surround them with an extensive backfill of gravel.
Please advise as to when you would like to have the test hole
dug.
Sincerely,
PECONIC ASSOCIATES, INC.
~,
erlon E. Wiggin, ~E.
President
Enclosures: Per Text
cc: Mr. Howard Zehner
~I "
Mr. Christopher Kuehn
F i Ie
,
~
SltffiL6
p6
/6
PECONIC ASSOCIATES. INC.
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477-0030
Fax (516) 477-0198
November 5, 1991
~ m m 0 WJU?!
m
NOV - 6 19S'1
Southold Town Planning Board
Town Hall/53095 Main Road
P. O. Box 1179
Southold, NY 11971
Re: Site Plan Application
Brick Cove Marina
Sage Road, Southold
SCTM # 1000-57-1-38.3
Dear Planning Board Members:
Reference is made to your letter dated November 1, 1991.
Enclosed are eight (8) copies of the Revised Site Plan S-2
that depict the following revisions:
1. Increasing the parking spaces to 138;
2. Showing the location of the Phragmites, which will be
left undisturbed; and
3. The option of using the Little Leaf Lindens instead of
the Red Cedars.
Your expeditious action, review, and potential approval, so
that work can be scheduled during the coming months to
facilitate having the marina operational during the 1992
season, will be greatly appreciated.
Sincerely,
PECONIC ASSOCIATES, INC.
,
Enclosures: 8 Copies S-2 Site Plan - Revised 11/04/1991
2 S-1 (Trustee) Unchanged Site Plans
(You already have 6 copies)
cc: Southold Town Board of Trustees
Howard Zehner
F i Ie
--- ------~
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
. .~j!~fFOl;~'
;jY'N\'~ t'a
'~ ~.
" -~
a :-</'
)-tn: .:z:
~~()~. ~~~
~+i'yJY
'~",.=[ft:P1
.
. -- t"
/J.k~I<Ci _Le.
SCOTI L. HARR[S
Supervisor
Telephone (5[6) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box [179
Southold, New York 11971
Fax (516) 765-1823
No',ember 12, 1991
Howard Zehner
Brick Cove Marina
1640 Sage Boulevard
P.O. Box 250
Greenport, New York 11944
Re: Site plan application
for Brick Cove Marina
Sage Road, Southold
SCTM ~ 1000-57-1-3B.3
Dear Mr. Zehner:
This is in response to your submission of a revised site
plan on November 6, 1991. The parking and the landscaping
elements of the plan are satisfactory.
The Planning Board is sending a copy of this site plan to
the Building Department for certification. We will proceed
further with this application after the Trustees take action on
the wetland permit and a copy of the Health Department's
approval is on file in this office. The Health Department's
approval should be stamped on a copy of the site plan that was
revised on November 4, 1991.
If you have any questions, please call Ms. Scopaz.
Sincerely,
Bennett Orlowski, Jr.
Chairman
cc: John Bredemeyer, III, President, Board of Trustees
Victor Lessard, Principal Building Inspector
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr.. Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
. ..............
,'Co __:-1:-
.'.,i~-SII'i>\\ffOL.t ~~,~
,I!i:.s; V,.-c ~~ \.
u~. I'" . ~.~
\".::;:) ."',," ~,:
No {,n,. ." ....c:. '.'"
~ (J') ty' , ~..\1
I', \ :,'\ .. ,~, '-';;';~"
(" ~ ",., .".;. '>,'./
0.0"._'" """
" \ AI." ~'-NJ< .. - ""'"
.... -':" ' . "'..... I)
"\ 'It)!. i\,<>J..!1
"-<.~ 'I'
,-'~ ""l'r! "
"/':;>";_7:~:::'il;!':i
.
SCOTI L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York I 1971
Telephone (516) 705-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
November 1, 1991
!{oward Zehner
Brick Cove Marina
1640 Sage Boulevard
P.O. Box 250
Greenport, New York 11944
Re: Site plan application
for Brick Cove Marina
Sage Road, Southold
SCTM # 1000-57-1-38.3
Dear Mr. Zehner:
This is in response to your submission of a revised site
plan on October 18, 1991, and your subsequent meeting with Ms.
Scopaz regarding the parking and the landscaping elements of
the plan.
With regard to the parking, the Zoning Code requires that
there be one parking space for each boat slip within a marina.
Since you propose to have 138 boat slips, you must show 138
parking spaces on the site plan.
With regard to the landscaping, the Board is amenable to
substituting Little Leaf Lindens (Tilia cordata) for the
Red Cedars. The Lindens should be placed 30 feet apart on
center.
The junipers should be placed between the existing
vegetation at the water's edge and the log bumpers outside of
the drainage system.
If eight copies of revised site plans are received in time,
the Planning Board can proceed with this application at its
November 18th meeting. If you have any questions, please call
Ms. Scopaz.
Sincerely,
$';nVLC:tT dtL-6'71.4--!~ d__ /
Bennett Orlowski, Jr. /,v_/~
.
. S/A.(J;,f/{.f-
P6
VS
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold,NewYork 11971
September 26, 1991
Bennet Orlowski, Chairman
Southold Town Planning Board
Town of Southold
Main Road
Southold, NY 11971
Re: Brick Cove Marina
Dear Mr. Orlowski,
Please be advised that the above referenced project was
classified as a Type I action by the Southold Board of
Trustees. In accordance with SEQRA, written coordination
with involved agencies was conducted for the purpose of
establishing Lead Agency. Upon receiving no objection from
other involved agencies, within the mandated time period,
the Southold Board of Trustees assumed Lead Agency status
and rendered a NEGATIVE DECLARATION. Enclosed please find a
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE which has been
sent to the Commissioner of the New York State Department of
Environmental Conservation, for publication in the
Environmental News Bulletin.
Sincerely,
jt ~r---
John Bredemeyer, President
Southold Board of Trustees
Enclosed: Notice of Non-Significance Ii) m mow m i~
100 SEP 3 0 1991 I!J
;.x:,..
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
Fax (516) 765-1823
September 27, 1991
. :J;L=~
~"F ~ UnOl'" -"'"
,v,,;, 'I/O"
~"(~".. "'2..'
ii"...,.. ~.
- .... ,-~
::::> '" .;..(.
C ,"',:"" . ~
en."." ""
00..-<' i":." ttJ
'C'." t"' .;I<'
",'{'to'4.~'t-~
~ 'J ,.t. '::;".OJ'
0.... ,.f'. A .'J .'
-<.<~~
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
.
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold,NewYork 11971
RESOLUTION: BRICK COVE MARINA
Whereas, an application for wetlands permit was submitted by
Peconic Associates, Inc. on behalf of Southold Bay Associates
for an action known as Brick Cove Marina on July 29, 1991; and
Whereas, the application was deemed complete by the southold
Board of Trustees on August 1, 1991; and
Whereas, the Southold Board of Trustees declared Lead Agency on
September 5, 1991; and
Whereas, an Environmental Assessment Form ("EAF") Part 2 and 3
were prepared; and
whereas, the southold Board has familiarity with the site, the
proposed project; the impacts associated with the project, the
mitigation of those impacts and the importance of those impacts;
and
Whereas, the Southold Board of Trustees agree with the contents
and accuracy of the EAF Part 2 and 3; Now Be it
RESOLVED, that the Southold Board of Trustees hereby adopt the
complete packet of the Environmental Review of the matter of
peconic Associates on behalf of Southold Bay Associates for the
action known as Brick Cove Marina including EAF Part 2 and 3
and exhibits provided by the applicant.
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
Fax (516) 765-1823
September 27, 1991
RE: BRICK COVE MARINA
.f~
i':'"'-:L<--"Y......_-<~
.ii]~\\HOl.t .~
f~""V ~;) t'a 'ro~
,~ .:s ~
N:::> Q
~o .
~cn ~
N . !'>l
I' ~. ,"'," ~ ,
"'~'...'1f.--' .~~
.~. . '/)/ 'f- -~
........_".... -s I' ~,'
..,.,,~~.,
" '0-...-"7";r..-/"
.-<...,....
.
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
P,O, Box 1179
Southold, New York 11971
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
The following action was taken by the Southold Town Board of
Trustees at the Special meeting on Thursday, September 26, 1991;
Whereas, an application for wetlands permit was submitted by
Peconic Associates, Inc. on behalf of Southold Associates for an
action known as Brick Cove Marina on July 29, 1991; and
Whereas, the application was deemed complete by the Southold
Board of Trustees on August 1, 1991; and
Whereas, the project was classified as a Type 1 action pursuant
to SEQRA; and
Whereas, an Environmental Assessment Form ("EAF") Part 2 and 3
was prepared; and
Whereas, the Southold Board of Trustees conducted a review of
the information recorded in the EAF Part 1,2,3; and
Whereas, the magnitude and importance of each impact has been
considered and reasoned elaboration given, and
Whereas, the Southold Board of Trustees have considered all
criterion under Section 97-28 of the Town Code; Now be it
RESOLVED that the project known as Brick Cove Marina will not
result in any large and important impacts and, therefore will
not have a significant impact on the environment; and be it
further
RESOLVED, that a negative declaration shall be prepared and
filed with the New York State Department of Environmental
Conservation and all other involved agencies as provided for in
ECL Article 8 NYCRR Part 617.
Vote of the Board: All Ayes.
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
Fax (516)765-1823
.
.
SUPERVISOR
scon L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
fIIotice of Determination of Non-Significance
This notice is issued pu.rsuantto Part 617 of the implementing regulations pertaining to Article
8 (State EnVIronmental Quality ReView Act) of the Environmental Conservation Law. _
The Sou tho ld Board 0 f Trus tees
. , as lead agency.
. has determined that the proposed action described below will not have a significant effect on the
environment and a Draft Environmental Impact Statement will not be prepared.
Name of Action:
Brick Cove Marina
SEaR Status: Type I
Unlisted
.
D
Conditioned Negative Declaration: DYes
.No
Description of Action:
Reason(s) in support of the Type I Action Classification:
Project was classified as a Type I action because of its
location in a Critical Environmental Area.
S. C. Tax Map No.: 1000-57-1-38.3
Improve, modernize and enlarge an existing marina to
138 slips. Dredge approximately 2900 cubic yards of shoal
areas in and around marina to 6' below mean low water and
place resultant spoil on upland portions of the site.
Improvement to include a more efficient slip layout and the
addition of environmental improvements that include pump-out
station, interception of stormwater runoff, and landscaping.
.
.
Page 2
Reasons in support of the Negative Declaration: An EAF Part
1,2,3 is attached for your information and in support of the
negative declaration. All impacts associated with the project
as proposed were identified and analyzed. All impacts
identified as potentially large were reduced to small to
moderate as a result of mitigation. None of the impacts are
significant. No impacts were concluded to be important.
Location:
1670 Sage Road
Southold Town
Suffolk County
New York
For Further Information:
Contact Person:
John M. Bredemeyer, President
Address:
Board of Trustees
Town Hall
P.O. Box 1179
Southold, NY 11871
A copy of this notice has been sent to:
NYS Department of Environmental Conservation, commissioner
NYS Department of Environmental Conservation, Regional Director
Town of Southold, Supervisor
Suffolk County Department of Health Services
NYS Department of State
US Army Corps of Engineers
Peconic Associates, Inc., Applicant, Brick Cove Marina
Town of Southold, Planning Board
Date of Determination: September 26, 1991
By order of the Southold Town Board of Trustees, John M.
Bredemeyer, III, President.
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
Fax (516) 765-1823
September 27, 1991
RE: Brick Cove Marina
.
.
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
The following actions were taken by the Southold Town Board of
Trustees on Thursday, September 26, 1991 at the Special Meeting:
RESOLVED that the Southold Town Board of Trustees set Thursday,
October 17, 1991 at 7:00 p.m. for a Special meeting.
RESOLVED that the Southold Town Board of Trustees set Thursday,
October 17, 1991 at 7:05 p.m. for a public hearing in the matter
of the application of peconic Associates on behalf of Southold
Bay Associates for the action known as Brick Cove Marina.
.
.
NOTICE OF HEARINGS ON WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTlIOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, OCTOBER 17, 1991, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND
ORDINANCE OF THE TOWN.
7:05 P.M. - Pursuant to NYCRR Part 617 and Article 8 of the ECL the
Southold Town Trustees as Lead Agency in the Type I action (Negative
Declaration of 9/26/91) set a public hearing in the matter of the
application of Peconic Associates on behalf of Southold Bay
Associates for the action of known as Brick Cove Marina to improve,
modernize, and enlarge existing marina (138 slips). Improvement to
include a more efficient slip layout and the addition of
environmental improvements that include pump-out station,
interception of stormwater runoff, landscaping, dredging of
approximately 2900 cubic yards of material from the shoal areas and
the relocation of an existing septic system 100 feet landward of mean
high water.
ALL PERSONS INTERESTED IN SAID MATTERS SHOULD APPEAR AT THE TIME AND
PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OPPORTUNITY TO BE HEARD.
COMMENTS MAY BE SUBMITTED IN WRITING PRIOR TO THE HEARING.
Dated: September 27, 1991
John M. Bredemeyer, III, President
Board of Town Trustees
By: Jill Thorp, Clerk
PLEASE PUBLISH ONCE, THURSDAY, OCTOBER 3, 1991 AND FORWARD ONE
AFFIDAVIT OF PUBLICATION TO JOHN M. BREDEMEYER, III, PRESIDENT, BOARD
OF TRUSTEES, TOWN HALL, MAIN ROAD, SOUTHOLD, 11971.
Copies to: L.I. Traveler-Watchman, Suffolk Times, Town Clerk's
Bulletin Board.
.
.
Bruce Anderson
Environriiental Consultant
From:
~ ~ & ~ 8 U~
'j ~
.
OF SOUTHOLD
Attached for your review are the following:
Bruce Anderson
To:
Southold Board
of Trustees
~
Date:
September 24, 1991
Re:
Brick Cove Marina
(1) Environmental Assessment of Brick Cove Marina
and assorted exhibits;
(2) EAF Part 1;
(3) EAF Part 2 and 3.
Please let me know of any questions you may have or any
changes you may want. Also, please note that your
declaration of significance has to be duly noted on the
cover sheet of EAF 1. A signature and date of the
responsible officer of the Trustees will likewise be
necessary.
475 Rambler Road. Southold. NY 11971 (516) 765-4071
'J
.
.
,
Environmental Assessment
Brick Cove Marina
Introduction
The following report is complete and in satisfaction of
the State Environmental Quality Review ACT ("SEQRA"), and
Chapters 44 and 97 of the Town Code. The applicant for the
action known as Brick Cove Marina has proposed to "improve,
modernize, and enlarge existing marina (138 slips).
Improvement to include a more efficient slip layout and the
addition of environmental improvements that include pump-out
station, interception of stormwater runoff, and
landscaping. II The applican~s also proposed to dredge
approximately 2900 cubic [_ f lands underneath the water.
The applicant has provided a list of some of the positive
aspects of the Brick Cove Marina Expansion which is attached
hereto as Exhibit A.
Section 97-28 of the Town Code states that the Trustees
may adopt a resolution directing the issuance of a permit to
perform operations applied for only if it determines that
such action will not substantially:
A. Adversely affect the wetlands of the Town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the freshwater
resources of the Town.
D. Adversely affect fish, shellfish or other
beneficial marine organisms, aquatic wildlife and
vegetation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage
F. Adversely affect the navigation of tidal waters or
the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural
movement or flow of any waters.
H. Weaken or undermine the lateral support of other
lands in the vicinity.
I. Otherwise adversely affect the health, safety and
general welfare of the people of the Town.
With respect to 97-28 (A) of the Town Code the proposed
project is not expected to result in any potentially large
impacts to wetlands. The construction activities associated
with the expansion of the marina as proposed provides for
access to boats without disturbance to wetlands. Ramps
1
.
.
.,
connected to the docks as proposed will be raised above the
tidal wetlands as to insure their continued existence. The
dredging as proposed is not expected to cause harm to the
wetlands as most of the dredging is to be accomplished by
means of a clam shell or closed bucket technology. Wetlands
adjacent to where drag line dredging is proposed are to be
protected from harm by means of tarps and the like (See
Exhibit B).
With respect to 97-28 B of the Town Code, the proposed
project is not expected to cause damage from erosion,
turbidity or siltation. The dredging as proposed and
required provides for substantial protection from this
impact.
With respect to 97-28 C of the Town Code the proposed
action will not cause saltwater intrusion into the
freshwater resources of the Town. Subject site is comprised
of primarily clay. The site is serviced by public water.
With respect to 97-28 D of the Town Code the proposed
project will not adversely affect fish, shellfish or other
beneficial marine organisms, aquatic wildlife and vegetation
or the natural habitats thereof to a significant degree.
These impacts have all be classified as small to moderate in
the attached EAF Part 2.
With respect to 97-28 E of the Town Code, the proposed
project is not expected to increase the danger of flood and
storm-tide damage. The project as proposed will accomplish
an overall improvement of the site without causing such
effects.
With respect to 97-28 F of the Town Code, the proposed
action will not adversely affect navigation at the site.
The proposed dredging is intended to improve navigation.
With respect to 97-28 G of the Town Code the proposed
action will not change the course of any channel or the
natural movement or flow of any waters to a significant
degree. The proposed floating dock arrangement is not
expected to hamper circulation at Sage Basin because waters
will freely flow under the docks. The dredging as proposed
is intended to increase circulation of tidal waters and
provide for safe navigation.
With respect to 97-28 H of the Town Code, the proposed
action will not weaken or undermine the lateral support of
other lands in the vicinity. Surface to bottom structures
such as jetties are frequently implicated in causing such
effects but no jetties are proposed by the applicant.
With respect to 97-28 I of the Town Code, the proposed
project is not expected to otherwise adversely affect the
2
.
.
'J
health, safety and general welfare of the people of the
Town. In contrast, the proposed project is expected to
improve the health, safety and general welfare of the town
by providing for a pumpout facility to accept boater sewage,
by providing for stormwater control, by providing for safe
navigation, and by providing additional employment
opportunities for the people of Southold.
Since the project has been classified as a Type I
action, the lead agency is required to undertake an
environmental assessment of the proposed action which
includes the preparation of an EAF Part 2. If any of the
impacts within the EAF Part 2 procedure are identified as
"potentially large", then the lead agency is required to
explore these impacts in greater detail under the format
provided in the EAF Part 3 procedure.
Impacts resulting from the proposed action which are
regarded as potentially large include: impact on land, and
impact on water. Sufficient mitigation has been proposed by
the applicant and may be required by the Trustees to
resulting in a change of these potentially large impacts to
ones that are small to moderate. Accordingly, these impacts
are not viewed as important.
Impacts that are indicated in the EAF Part 2 form
considered to be small to moderate are listed below.
Explanations as to why these impacts are small to moderate
are likewise provided.
(1) Impacts to specific land forms: beaches.
The southern boundary of the project site contains a
sandy beach. No potentially large impacts to this beach are
expected because the proposed actions are concentrated away
from these beach areas.
(2) Construction in a designated tidal wetland;
No potentially large impacts to tidal wetlands are
expected because the construction of ramps are to occur
above the wetlands as opposed to through them. The limited
use of drag line dredging is proposed only in small areas
either containing a narrow band of wetland grasses or no
wetlands at all. These grasses are to be protected by means
of blankets, tarps and the like while the dredging occurs
(See Exhibit B)
(3) Other impacts: marina construction/operation and
associated activities;
Impacts associated with the construction of the marina
are detailed in the EAF Part 3 as they concern impacts to
land and water. The operation and associated impacts
3
.
.
"I
resulting from an action such as a marina center upon good
"house keeping" activities such as the handling of solid
waste. The management, employees and patrons of Brick Cove
Marina have demonstrated good waste management practices in
the areas of recycling (See Exhibit C).
(4) Proposed action will adversely affect groundwater;
Impacts to groundwater are not regarded as potentially
large because the predominant soil types are clay like. The
depth to the water table has been estimated to be
approximately 65 feet.
(5) Proposed action will cause substantial erosion;
The proposed action is not expected to result in
potentially large impacts causing erosion because the site
topography is relatively flat.
(6) Proposed action is incompatible with existing
drainage patterns;
The proposed action includes the implementation of
stormwater control which may effect existing drainage
patters to a small or moderate degree. However, the purpose
of the proposed stormwater control measures are to reduce
impacts to surface waters associated with runoff.
(7) Reduction of one or more species listed on the
New York or Federal list, using the site, over or
near site or found on the site;
Osprey which is classified as a threatened species by
the New York State Department of Environmental Conservation
("DEC") are commonly sited in general project area.
However, no nests are present on the project site or in
close proximity to the site. No impacts to the nesting and
foraging needs of the osprey are expected to occur as a
result of the project as proposed.
(8) Proposed action will interfere with any
any resident or migratory fish, shellfish or
wildlife species;
Impacts to fish shellfish and wildlife species are not
expected to be potentially large as a result of the project
as proposed. The applicant has submitted an affidavit which
indicates that Sage Basin does not support commercial
quantities of shellfish (See Exhibit D). Field inspection
of shoal areas did not reveal the presence of significant
quantities of fish, shellfish or wildlife species.
(9) Proposed land uses, or project components
obviously different from or in sharp contrast to
4
.
.
~
current surrounding land use patterns, whether
man made or natural;
Surrounding areas from the project site are
residential. However, Brick Yard Marina (formally Youngs
Marina) have coexisted with these residential areas for many
years. The realignment of the dock configuration and the
use of landscaping is expected to soften the aesthetics of
the site. Given these facts, this impact is judged small to
moderate in magnitude.
(10) Project will increase recreational opportunities
for boaters.
Given the many thousands of people who boat in eastern
Long Island and the Peconic Gardeners Bay System and
assuming that all slips are eventually rented, the project
as proposed will result in a small to moderate impact in
terms of recreational opportunities for boaters.
(11) Proposed action will result in major traffic
problems.
The proposed expansion represents only a moderate
increase in the number of slips over what is now permitted.
Given the fact that there is no history of traffic problems
in connection with the site that there are no existing
traffic problems associated with sections of Route 25
proximate to Brick Cove Marina, the impact of the project
with respect to the traffic it might cause is regarded as
small to moderate.
(12) Project will result in an increase in energy
usage estimated to be 222 KWH/day during the summer months.
The increase in electrical energy of 222 KWH/day is
regarded as small to moderate particularly considering the
present energy usage of the town.
(13) Impact on public health: Positive impacts
associated with stormwater control, pumpout
facility and dredging
Proposed project will increase public health, safety
and well being as a result of the environmental and physical
changes to the site. These issues are explored in greater
detail as part of EAF part 3.
The following information pertains to impacts that are
regarded as potentially large in nature. In all cases,
these impacts can be reduced to small to moderate by
previous regulatory actions of other agencies or Trustee
requirements.
5
.
.
".j
EAF Part 3
ts
Evaluation of the Importance of Impacts
The Trustees should be aware that a law suit was filed
in connection with this project site. In it, a variety of
objections were stated. The legal complaint is attached
hereto as Exhibit D.
Impact on Land
It is noted on the EAF Part 2 that the proposed action
will result in a physical change to the project site. The
EAF Part 2 Addendum lists four impacts on land. They are:
(1) the temporary or permanent placement of dredge spoil;
(2) the construction of washdown platform and associated
drainage; (3) landscaping; and (4) relocation of an existing
septic system. Collectively, these impacts are regarded as
potentially large. It is also noted that these impacts have
been mitigated. The applicant has proposed the mitigation
of several of these impacts. Further, mitigation of these
impacts have already been required pursuant to several of
the agency approvals obtained by the applicant. The
proposed and required impact mitigation measures are
expected to result in an overall environmental improvement
of the site from what exists today.
(1) The temporary or permanent placement of dredge spoil.
Description of Impact: The applicant has proposed the
dredging of approximately 2900 cubic yards of spoil from
shoal areas within the marina to 6' below mean low water and
the placement of resultant spoil on the upland portions of
the site. Project survey prepared by Peconic Surveyors last
amended on September 18, 1991 ("survey") indicates the
proposed location where dredged spoil will temporarily be
placed.
Mitigation of Impact: The impact can be mitigated in two
ways. The spoil once piled up at the proposed location can
be removed from the site in its entirety or can be used as
grading material in the accomplishment of positive drainage
for stormwater control. The DEC issued a permit for
dredging as part of the overall project (See Exhibit B).
Special conditions 1 and 7 require mitigation of this
impact. The designation of a temporary spoil location on
the survey also mitigates this impact by restricting the
temporary location of spoil deposition to a relatively small
area. The use of spoil to achieve positive drainage for the
control of stormwater runoff is regarded as a positive
design feature.
6
.
.
."
Importance of Impact: Negative impacts resulting from the
temporary or permanent placement of dredge spoil are not
important. In contrast, the positive impacts resulting from
either the removal of dredge spoil from the site or the
utilization of dredge spoil to achieve positive drainage are
regarded as important. The probability of the positive
impacts resulting from proper management of the spoil
occurring is high. Its duration is permanent if the spoil
is used for grading materials, temporary if the spoil is to
be removed from the site. The impact will not result in
permanently lost resources of value. The impact will be
controlled. There is no divergence of this impact from
local needs and goals. Regional consequences related to the
temporary or permanent placement of spoil are not considered
to be significant.
(2) the construction of washdown platform and associated
drainage.
Description of Impact: The applicant has proposed a
washdown platform and associated drainage adjacent to the
existing travel lift. The construction will involve grading
for the construction of the platform and excavation for its
associated drainage. The purpose of the platform is to
provide for the collection and management of pollutants
associated with boat bottoms as they are cleaned.
Mitigation of Impact: Impacts associated with this impact
can be mitigated by requiring the temporary placement of
haybales seaward (adjacent to the existing bulkhead) of the
proposed platform and associated drainage. In doing so,
this potentially large impact is reduced to a small to
moderate impact.
Importance of Impact: While the probability of the impact
occurr~ng is high the duration of the impact is temporary.
There are no permanently lost resources of value associated
with this impact. There are no significant regional
consequences of this impact and its potential divergence
from local needs and goals are not regarded as significant.
This impact is not regarded as important because the impact
can be mitigated to the greatest possible extent.
(3) Landscaping
Description of the Impact: The applicant proposes
landscaping to improve the aesthetics of the project site.
Landscaping can cause negative environmental impacts if
exotic species are proposed due to maintenance requirements
including the application of fertilizers and biocides.
7
.
.
Mitigation of the Impact: The impact
maintenance of exotic landscaping can
by requiring indigenous vegetation.
associated with the
be mitigated in total
Importance of the Impact: Overall, the impact resulting
from landscaping is regarded as positive. The use of
indigenous vegetation will result in i~proved aesthetic
quality of the marina as is consistent with local and
regional efforts to preserve and enhance the environment.
Landscaping is regulated by the Southold Planning Board as
part of its site plan process. There are no important
negative impacts associated with landscaping.
(4) Relocation of an existing septic system.
Description of Impacts: The survey indicates an existing
septic system/ leaching field 29 feet from mean high water
which will be relocated 100 feet from same. The relocation
of the septic system is a permit requirement of the DEC (See
Exhibit B: Special Condition # 16). In relocating the
septic system, a certain amount of excavation will occur.
Mitigation of Impact: The impact of moving a septic system
(excavation) can be mitigated in two ways: Materials piled
along side of the existing septic system during the
excavation and removal process can be retained in a confined
area by the use of haybales. These materials can be
redeposited into the resulting "hole" along with additional
fill if necessary as to achieve the desired final grade.
Importance of the Impact: The relocation of the septic
system 100 feet from mean high water is regarded as an
important positive impact. The movement of septic systems
away from surface waters and wetlands are consistent with
local and regional efforts to protect same. The impacts
associated with the relocation process are not considered
important.. These impacts are temporary in nature, do not
result in permanently lost resource of value, are
controlled, pose no regional consequences and is not
divergent from local needs and goals.
Impact on Water
Description of Impact: The developable area of the site
contains a protected water body: Sage Basin. Sage Basin is
a tidal embayment of approximately 14.6 acres (See Exhibit
E). The impacts to this water system are based upon the
expansion of the marina from 91 to 138 slips in which it is
assumed that all slips will be occupied. The expansion of
dock facilities over waters of Sage Basin will have a small
to moderate impact on the circulation, biological
productivity and ecology of Sage Basin.
8
.
.
One of the more serious concerns relating to marinas is
their potential impacts to surface waters as caused by the
direct discharge of boater sewage wastes to surface waters.
The presence of marinas has a direct impact on the
certification of surface waters for shellfishing.
Guidelines have been established by the federal Food and
Drug Administration ("FDA") pursuant their Shellfish
Sanitation Program and are attached hereto as Exhibit F.
The DEC implements the FDA guidelines for New York State.
Presently, the waters of Sage Basin are seasonally certified
(See Exhibit E). The DEC has closed Sage Basin to
shellfishing from May 15 through October 31 based upon the
presence of a marina and the potential for discharge of
sewage from marina (boater) toilets.
The certification of Sage Basin is based upon the
potential for discharge of sewage wastes rather than from
existing bacterial contamination of the surface waters of
Sage Basin. Previous investigations of Sage Basin by the
DEC have revealed surface waters to be relatively free from
bacteriological contamination (See Exhibit G).
Nevertheless, the potential for boater discharge of sewage
into these waters provides a basis for the seasonal closure
that exists today. In the absence of capability to collect
and treat boater sewage, the potential for direct discharge
of boater wastes to surface waters increases as the number
of boats docked or moored at Sage Basin increases.
Although Brick Cove Marina has obtained approvals
allowing 91 slips, the present marina operation provides for
the dockage of 38 boats of which 21 are power boats and the
remaining 17 being sail boats. Of these vessels docked at
the marina, 27 vessels have holding tanks of which 20 are
equipped with "y" valves making direct discharge of boat
sewage to surface waters possible. Also, three boats docked
at the marina have installed toilet facilities without
holding tanks making direct discharge to surface waters
likely. In addition, an adjacent marina as defined by the
FDA Guidelines attached hereto as Exhibit F is located to
the west of Brick Cove Marina providing for 11 slips. This
marina, locally known as Southold Shores, has applied for an
expansion to roughly double the amount of slips. Finally,
additional slips within Sage Basin totals 15. Therefore,
the total existing number of slips in Sage Basin today
equals 64. Given that Brick Cove Marina has already
obtained previous approvals for 91 slips the total number of
boats at Sage Basin could rise to 117. Considering that the
proposed expansion of Brick Cove Marina (if granted) would
result in an additional 47 slips and that private residents
living along the shoreline could also receive approvals for
private docks and the like, the total number of boats at
Sage Basin could exceed 164. Accordingly, the potential for
9
.
.
direct discharge from boats to surface waters could likewise
increase.
The DEC has calculated the closure at Sage Basin based
upon the potential discharge of boater wastes to surface
waters (See Exhibit E). Their analysis is partially based
upon the occupancy of 95 boats resulting in a closure area
which exceeds the size of Sage Basin. When the total number
of boats at Sage Basin is factored into the analysis, the
closure area increases accordingly. The impacts to waters
of Sage Basin and its adjacent waters resulting from the
proposed marina expansion, the existence of other vessels at
Sage Basin and the potential expansion of the Southold
Shores marina are regarded as potentially large.
Mitigation of Impact: Mitigation of potential impacts
relating to discharge of sewage from boats has been
accomplished in several ways: (1) the applicant has provided
full restroom facilities for marina patrons which are open
24 hours a day; (2) the applicant has been required and has
agreed to install a pumpout facility to service all boats
from Brick Cove Marina as well as to service all boats which
come to Brick Cove Marina; (3) the applicant has agreed to
promote the use of the pumpout station by erecting proper
si~ns to encourage the use of the required pumpout facility;
(4) the applicant has been required to maintain a log of
pumpout usage for enforcement purp,oses; (5) the applicant
has agreed to have all "sea cocks I or "discharge valves"
sealed in their closed position and (6) the applicant has
agreed to ban all boats having toilet facilities without
holding tanks. These requirements and agreements area
attached hereto as Exhibits Band H, respectively. As these
requirements come into effect, DEC will have a basis to re-
examine the closure status at Sage Basin possibly resulting
in a re-certification of these waters for shellfishing on a
year round basis. 6J Av~\''-''-'''~ ",0..; \,,~'(<C'-\-e.<i.- ~'lGl~fI'Vl."kl ~(\~(-\-l", _U,,.,\IC\
,," (Y\"'-'~'^<- \-\e<-k> .
s.
The fate of boaters wastes can be respon~bly disposed
of in three ways: (1) tqreatment at the scavenger waste
treatment plant in Greenport; (2) disposal in relocated and
existing septic systems as permitted by the Suffolk County
Department of Health Services; and (3) disposal at the
Bergen Point treatment plant. The applicant has intiated
communication with the treatment plant at Greenport (See
Exhibit H). N~\ther of the three disposal methods are
regarded as causing potentially large impacts.
Importance of Impact: The applicants willingness and
requirement to (1) maintain restroom facilities for the use
of their patrons; (2) provide a pumpout facility for the use
of their patrons and other boaters who come to the marina;
(3) promote the use of the pumpout facility; (4) maintain a
log of the use of the pumpout facility to insure effective
enforcement of its proper use; (5) seal all discharge valves
10
.
.
otherwise known as sea cocks in their closed position and
(6) ban boats having toilet facilities but not holding tanks
from Brick Cove Marina renders this potentially large impact
to one that is small to moderate in magnitude. The
probability of this impact occurring is viewed as remote.
The impact does not result in a permanently lost resource of
value and this impact is controlled to the maximum extent
reasonable. There are no regional (negative) consequences
of this impact and there is no potential divergence from
local needs and goals resulting from this impact.
Therefore, the impact is not viewed as important.
Description of Impact: Dredging of approximately 2900 cubic
yards from shoal areas within the marina to 6 feet below
mean low water. The applicant has proposed dredging to take
place by means of a clam shell or other closed "bucket" and
drag line. Impacts associated with dredging include removal
of bottom sediments, increased circulation of surface
waters; improved navigation; impacts to surface water
quality; and impacts to shellfish abundance.
Mitigation of Impact: The impacts associated with the
removal of sediments are mitigated to greatest extent
possible. The applicant has proposed that a drag line
method of dredging be used Area "B", "E" and "c West" as
indicated on the survey. One advantage of using the
dragline method of dredging is that it results in a bottom
underwater contour that is smoother than obtained using clam
shell or closed "bucket" technologies. Dragline methods of
dredging are restricted to adjacent areas where tidal
wetlands are quite small or absent entirely. The use of
clam shell or closed "bucket" dredging methods are
restricted to the remaining areas pursuant to DEC permit
conditions (See Exhibit B).
Positive impacts associated with dredging include
increased circulation of surface waters. Previous aerial
photographs attached hereto as Exhibit I clearly show some
of the shoal areas to be dredged. The survey accurately
depicts all of the shoal areas to be dredged. Increased
depths at these locations will enhance circulation of these
surface waters.
Positive impacts associated with dredging also include
improved navigation. These dredged areas will reduce the
probability of navigational accidents which directly
satisfies the public health and safety responsibilities of
the Trustees as expressed in Chapter 97-28 (F) of the Town
Code.
Potential impacts resulting from dredging include
impacts associated with surface water quality.
Specifically, organic materials and other materials
contained within the excavated dredged materials can be
11
.
.
Liberated to the water column causing potentially large
impacts. These impacts have been mitigated in two ways: (1)
dredging is restricted from June 1 through September 30 each
year (See Exhibit B); and (2) The use of a clamshell or
closed "bucket" dredge minimizes the release of dredge
sediments back into the water column. Restriction of the
timing of dredging mitigates impacts to surface water
quality as surface waters are most vulnerable to degradation
during the warmer months of the year.
Impacts to shellfish resulting from dredging are not
regarded as significant because the portions to be dredged
including their adjacent areas do not support important or
large concentrations of shellfish. An affidavit which
indicated shellfish abundance, submitted by the applicant
and attached hereto as Exhibit J indicates shellfish
abundance at Sage Basin to be relatively low. Field
inspection of these areas support this same conclusion.
Importance of Impact: Impacts associated with the dredging
as proposed is not regarded as important for several
reasons: (1) all important impacts associated with dredging
have been sufficiently mitigated to reduce this potentially
large impact to one that is small to moderate; and (2)
dredging as proposed will result in some positive impacts as
previously explained. The probability that a potential
large impact will occur is small. The duration of any
negative impacts are expected to be short while the duration
of positive impacts such as improved navigation and
circulation is long. The impact does not result in any
permanently lost resources of value and there are no
regional consequence of this action. Finally, there is no
potential divergence from local needs and goals as related
to thi s impac t.
Description of Impact: The proposed project will
substantially reduce stormwater runoff from project site to
adjacent waters. Studies done by the Long Island Regional
Planning Board including most notably the National Urban
Runoff Program ("NURP") have implicated stormwater runoff to
be the overwhelming source of bacteriological contamination
to marine surface waters of Suffolk County. While the vast
majority of improvements proposed for the site include a
marina expansion and other in water improvements, the
applicants proposal to manage stormwater runoff on site
mitigates existing impacts related to stormwater runoff.
The implementation of stormwater control on site is regarded
as a positive design feature that results in a positive
potentially large impact to surface waters.
Mitigation of Impacts: The impacts related to stormwater
runoff associated with the site as it exists today have been
mitigated by the proposal to provide for stormwater runoff
on site including runoff from the parking field and runoff
12
.
.
contaminated by the power washing of boats. The Trustees
can require such improvement. The applicant has proposed
and the Trustees may require a concrete washdown platform as
depicted in the survey. Further, the applicant has proposed
and the Trustees may require the proper collection and
management of contaminants resulting from the power washing
of boat bottoms.
Importance of the Impact: The applicants proposal to
properly manage runoff associated from the site and runoff
resulting from the power washing of boat bottoms and the
Trustees' ability to require such improvement reduces this
potentially large impact to one that is small to moderate.
The impact of stormwater runoff in connection with the
proposed project is therefore not important. The
probability of the impact occurring as well as its duration
is small. The impact will not result in any permanently
lost resources of value and has no regional consequences.
The implementation of the proposed stormwater control is not
divergent from local needs and goals.
13
14.16.2 (2/87)-7c
..
.
.
SEe
". ....
617 .21
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proje
or action may be significant. The question of whether an action may be significant IS not always easy to answer. Frequer
Iy, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determir
significance may have little or no formal knowledge of th~ environment or may be technically- e.xpert in environmen.t
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectu
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinati,
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actio
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic proje
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provid
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiall
large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is id~ntified as potentially-large, then Part 3 is used fa evaluate whether or not tl
impact is actually important.
DETERMINATION Of SIGNlflCANCE- T~ 1 and
Identify the Portions of EAF completed for this project: I!I'" Part 1
Unli~d A~tions /
~ Part 2 ~art 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magi tude and importance of each Impact, it is reasonably determined by the
lead agency that:
o A. The prolect will not result in any large and important impact(s) and, therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.
o B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measureS described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be prepared."
o C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
" A Conditioned Negative Declaration is only valid for Unlisted Actions
7S~{Ck.. L()V~ ;t1A-.e./N4
Name of Action
~OTHDLn 60A-[2.0 O(~ T/LUSTEi:S',
Name or LL'.ld Agency
Print or [yre Name at ResponSible Officer In Lead Agency r::::z Title 01 1("'I">OSlule Olllcer
~A..J.
SIgnature or R.esponslble OITlcer In Lead Agency Slgn<tture or Prl:p.:lrer (II dltterent from responsible Officer
Date
1
r
PART 1-?ROJECT INFORMATION
.
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant.
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cons;
as part of the application for approval and may be subject to further verification and public review. Provide any addi
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not in
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and s.
each instance.
. .
NAME OF ACTION
BRICK COVE MARINA
LOCATION OF ACTION (InClude Slreel Address. Municipality and County)
1670 SAGE ROAD, SOUTHOLD TOWN, SUFFOLK COUNTY, NEW YORK
NAME OF APPLICANT/SPONSOR
PECONIC ASSOCIATES, INC.
ADDRESS
ONE BOOTLEG ALLEY - P. O. BOX 672
CITY/PO
GREENPORT, L. I.
NAME OF OWNER (If different)
SOUTHOLD BAY ASSOCIATES
BUSINESS TELEPHONE
(516) 477-0030
ADDRESS
2625 WEST CREEK AVENUE
CITY/PO
C UTCHOSUE, L. 1.
DESCRIPTION OF ACTION
IMPROVE, MODERNIZE, AND ENLARGE EXISTING MARINA (138 SLIPS). IMPROVEMENT TO INCLUDE
A MORE EFFICIEN1 SLIP LAYOUT AND THE ADDITION OF ENVIRONMENTAL IMPROVEMENTS THAT
INCLUDE PUMP-OUT STATION, INTERCEPTION OF STORM WATER RUN-OFF, AND LANDSCAPING.
(516) 734-6 0
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas. (SINGLE FAMILY HOME)
1. Present land use: DUrban Dlndustrial IIOCommercial Dl!Residential (suburban) DRural (non-I.
DForest DAgriculture DOther
12.47
2. Total acreage of project area:
APPROXIMATE ACREAGE
Meadow or Ilrushland (Non-agricultural)
Fores ted
Agricultural (Includes orchards, cropland, pasture. etc.)
Wetland (Freshwater or tidal as per Articles 24. 25 ot ECL)
Water Surface Area
Unvegetated (Rock, earth or fiU)
Roads, buildings and other paved suriaces 1.57
Other (Indicate type) POOL AND TENNIS 0.41
3. What is predominant soil type(s) on prol~ct site! CLAY
a. Soil drainage: DWell drallled % of site D.\\oderately well dr.lined
~Poorly dralrled 100% % 01 site '.
b. If any agrrculturalland is involve~ how many acres or soil are c1assilied within sOli group 1 through 4 of the;
land Classification System! N A acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site! DYes I1!No
a. What IS depth to bedrock? NONE [in feet}
acres.
0.61
5.58
PRESENTl Y
acres
AFTER CO,\\PLETIO;
0.54
4.66
aCre
acres
aCH.
acres
acre
0.1
4.2
0.1
4.2
aCre
acres
Jcres
aeft.:'
acres
aCft:.'
acres
2.56
0.41
ilcrc
.Jcres
.Jcre
~ii of site
2
.
.
lDO-l0% qR 'i %
~15% or greater 1.2
site, or district, listed on
lDl0-15% 0 1
% (BANKS)
'Approximate percentage of proposed project site with slopes:
.
5.
.,
6.
7,
8.
9.
Is project substantially contiguous to, or contain a building,
Registers of Historic Places? DYes QilNo
Is prOject substantially contiguous to a site listed on the Register of National Natural Landmarks?
What is the depth of the water table? (in feet) VARIABLE TO 65' FEET (CLAY)
Is site located over a primary, principal. or sole source aquifer? DYes OONo
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?
11. Does project site contJin any species of plant or animal life that is identified as threatened or endangere,
DYes t]No According to
Identiiy each species
the' State or the Nation
DYes
lXlt'--
O!Yes
DNo
12. Are there any unique or
DYes alNo
unusual land
Describe
forms on the project site? (i.e., cliffs, dunes, other geological formation
13. Is the project site presently used by the community or neighborhood as an open space or recreation are.
~Yes DNo If yes, explain RECREATIONAL - MARINA, BOATYARD, POOL, AND TENNIS
14. Does the present site include scenic views known to be important to the community?
DYes IXINo
15. Streams within or contiguous to project area: N/ A
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name SAGE BASIN
17. Is the site served by eXISting public utilities? lXlYes DNo
a) If Yes. does suffiCient capacity exist to allow connectIon?
b) If Yes, will improvements be necessary to allow connection?
b. Size (In acres) :!: 14.5 ACRES
WATER, ELECTRIC, CABLE TV
QilYes DNo
DYes [)SNo
10. 15 the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-A
Section 303 and 304/ DYes KJNo
19.
Is the site located in or substantially contiguous to a Critical Environmental Area desisnated Qursuant to Article
of the ECL, and 6 NYCRR 617? QilYes DNo SAGE BASIN IS NOT, BUT IS CONNEC I ED TO
H h. b d' h d' I f I ~EcnNIC RAY WHICH IS. DY ...,
as t e site ever een use tor t e Isposa 0 so lu ornazaroous wastes? es AWNo
:!O.
B. Project Description
* INCLUDES ALL PREVIOUS DEVELOPMENT OF 6.18 ACRES.
1. Physical dimenSions and scale of project (till in dimensions as appropriate)
12.47
7.17
acres.
3. Total contiguous acreage owned or controlled by project sponsor
b. Project "crea~e to be developed: 7 . 17 acres initially; *
c. Project acreage to remain undeveloped 5 _ 30 acres.
d. Length of proJect, 10 miles: N/ A (If appropriate)
c. If the project is an expansion. indicate percent of exp.1nsion proposed 45
f. Number at air-street parking spaces existing 50 ; proposed 133
g. Maximum vehicular tflpS gcner.1tcd per hour 36 (upon completIon or
h. If residL'ntlal: Numher and type of hOll~lng UllltS:
One Family Two r.lmdy
1
1
acres ultimately.
~"; (BOAT SLIPS -
95 TO 138)
prOlect)?
t\'\ultq)lc F.lnllly
Condominium
InltlJlly
Ultlnl.1tl'lv
i. Dlmt'nslons (in teet) or largest propo:icd structure N/ A height; N/ A
i. linear teet or rrontal;e along J, public thorou!:;hf are prolect will occupy IS?
Width:
o
N/A
length.
It.
3
2. How much natural 1To~,erial (Le.. rock. earth. etc.) will be remo, _.1 from the site? 2930
3. Will disturbed areas be reclaimed? 0Yes DNa DN/A
a. If yes, for what intend..': purpose is the site being reclaimed? PARKING, DRAINAGE CONTROL, LAND-
b. Will topsoil be stockpiled for reclamation? lXiYes DNo SCAPING
c. Will upper subsoil be stockpiled for reclamation? lXiYes DNa
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .07 acres.
5. Will any mature forest (over 100 years old) or other locally.important vegetation be removed by this project?
DYes ~No . -
tons/cubic yards
I 11.
i
I
I 12.
I
13.
H.
15.
16.
6. If single phase project: Anticipated period of construction
7. If multi-phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1 NOV. month
c. Approximate completion date of final phase NOV. month
d. Is phase 1 functionally dependent on subsequent phases? DYes
8. Will blasting occur during construction? DYes 110 No
9. Number of jobs generated: during construction 6 - 10
10. Number of jobs eliminated by this project 0
Will project require relocation of any projects or facilities? ~Yes DNo
RELOCATE ONE (1) SEPTIC TANK AND LEACHING SYSTEM (SEE PLAN).
Is surface liquid waste disposal involved? DYes IXJNo'
a. If yes, indicate type of waste (sewage. industrial. etc.) and amount
b. Name of water body into which effluent will be discharged
Is subsurface liquid waste disposal involved? IXlYes ON,? Type SEPTIC TANK & LEACHING POOLS
Will surface area of an existing water body increase or decrease by proposal? DYes ~No
Explain
Is project or any portion of project located in a 100 year flood plain?
Will the project generate solid waste? lXiYes DNo (GARBAGE)
a. If yes, what is the amount per month 1 tons AVERAGE (SUMMER ONLY)
b. If yes, will an existing solid waste facility be used? IXlYes DNo
c. If yes, give name SOUTHOLD TOWN LANDFILL ; location CUTCHOGUE
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes
e. If Yes, explain
12
months, (including demolition).
1991
1992
year, [including demolition)
year.
IXJN~'
; after project is complete
5
If yes, explain
lXiYes
DNo
~No
17, Will the project involve the disposal of solid waste? DYes 110 No
a, If yes, what is the anticipated rate of disposal? tons/month,
b. If yes, what is the anticipated site life? years.
18, Will project use herbicides or pesticides? DYes 110 No
19. Will project routinely produce.odors (more than one hour per day)? DYes c?lNo
20, Will project produce operating noise exceeding the local ambient noise levels? DYes ~No
21. Will project result in an increase in energy use! ;:{lYes
ELECTRICAL - 222 KWH/DAY
If yes, indicate type(s)
22, If water supply is from wells, indicate pumping capacity
Total anticipated water usage per day 170 gallons/day.
DNo
INCREASE
N/A
(SUMMER)
gallons/minute,
23,
WINTER - 2070 GPO DURING SUMMER
MONTHS
24. Does project involve Local, State or Federal funding?
If Yes. explain
DYes
lXiNo
4
OC]Yes
DYes
iXJYes
Q9Yes
X YES
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision?
If Yes, indicate decision required:
Ozoning amendment Dzoning variance Dspecial use permit Osubdivision
Onew/revision of master plan Oresource management plan Dother
25: Approvals Required:
,.
.
City, Town, Village. Board
City,0 ow~'illag<(fianning Boari)
City, Town Zonin Board
City, County Health Department
Other Local Agencies
Other Regional Agencies
State Agencies
Federal Agencies
DYes
~Yes
DYes
Il(JYes
!XINo
DNo
~No
DNo
DNo
110 No
DNo
DNo
.
APPROVAL
KlIKlhXiill.K
Dale
Type
~ TTF PLAN
09/12/88
SIIFFOI K COUNTY HEAl TH DEPT.
snllTHnl n TnWN TRIISTFFS
NYSDEC \,ETLANDS
CORPS OF ENGINEERS
NYS DOS CONSISTENCY
11/08/89
11/01/89
03/17/88
REV I EVI
DYes
iZINo _
Dsite plan
2. What is the zoning c1assification(s)of the site? MARINE II
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
SEE ATTACHED
4. What is the proposed zoning of the site? N/ A
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
N/A
Il(JYes
c
6. Is the proposed action consistent with the recommended uses in"adopted local land use plans?
7. What Jre the predominant land usc(s) and zoning classifications within a ~... mile radius of proposed action?
RESIDENTIAL
8. Is the proposed action compatible with adjoining/surrounding land uses within a V. mile?
9. If the proposed action is the subdivision of land, how many lots are proposed? N/ A
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts?
11. Will the proposed action create a demand for any community provided services (recreation, education, pol
fire protection)l DYes Q9No
a. If yes, is existing capaCity sufficient to handle projected demand? DYes DNo
Will the proposed action result in the generation of traffic significantly above present levels?
12.
OC]Yes
c
DYes
IX
a. If yes, is the existing road network adequate to handle the additional traffic?
DYes
DYes
DNo
~I
D. Informational Details
Attach any additional information as may he needed to c1.:uify your project. If ther~ are or m~JY be any ad\',
impJcts associated with your proposal. pIC<lSC discuss such impacts and the me..1surcs wh)ch you propose to mitigat
aVOId them.
E. Verification
I certify that the Information prOVIded above IS true to the best ot my knowleJ!;c.
Applicant;
Signature
If the action is in the CO.1slal Ar<<!.l. .Jnd
with this olssessment.
~
INC.
DJte JULY 29. 1991
.He a slale olgcncy. complete the COolstJI Assessmenl Form b-efore proece,
Title
PRESIDENT
5
.
.
. PECONIC ASSOCIATES, INc.
BRICK COVE MARINA
One Bootleg Alley P.O. Box 672
Greenport. New York 11944
(516) 477-0030
Fax (516) 477-0198
Environmental Planners & Consultants
C. ZONING ANO PLANNING INFORMATION
Zoning of Marine II
Permitted uses include:
Marinas;
Boat Docks. slips, piers or wharves for
charter boats and fishing boats;
Boat yards for building. storing. repairing.
or servicing of boats;
Boat and marine engine repair;
Retail sales or rental of boat accessory
equipment.
Uses permitted by Special Exception include:
Restaurants;
Ferry Terminals;
Hotels and Motels;
Fish Processing Plants.
3. Examples of maximum potential site development based on
4.2 Acres of water and 8.1 Acres (352,800 S.F.) of
upland:
MARINA
25 FT. BOATS
40 FT. BOATS
378 SLIPS
160 SLIPS
(Based on information from "Marinas" by
Chamberlain.)
BOATYARD OR BOAT AND ENGINE FACILITIES - 105.800 S.F.
2-STORY
(Based on 30% lot coverage.)
MARINE RELATED COMMERCIAL USE - 105.800 S.F.
1-STORY - 211.600 S.F. 2-STORY
(Based on 30% lot coverage.)
.
.
RESTAURANT - 3500 SEATS
(Based on 30% lot coverage and 30
S.F./Seat.)
MOTEL - 59 UNITS AND 90 GUESTS
(Based on 6,000 S.F. of land per unit.)
FISH PROCESSING PLANT - 105,800 S.F. - 2-STORY
HIGH BUILDING
(Based on 30% lot coverage.)
..
.
Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE
eonsibilill' of lead Agency .
,
.
.
General Information (Read Carefully)
. In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable! The reviewer is not expected to be an expert environmental analyst.
· Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant.
Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply
asks that it be looked at further.
· The hamples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most situations. Bul, for any specific project or site other examples and/or lower thresholds may be appropriate
for a Potential large Impact response, thus requiring evaluation in Part 3.
. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
. The number of examples per question does not indicate the importance of each question.
. In identifying impacts, consider long term, short term and cumlative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Ves if there will be any impact.
b. Maybe answers should be considered as Ves answers.
c. If answering Ves to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the
impact. If impact threshold equals or exceeds any example provided. check column 2. If impact will occur but threshold
is lower than example, check column 1.
d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impact. also check the Ves box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.
IMPACT ON LAND
1. Will the proposed action result in a physical change to the project site?
. DNO ~ES
Examples that would apply to column 2
. Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slopes in the project area exceed
10%.
. Construction on land where the depth to the water table is less than
3 feet.
· Construction of paved parking area for 1,000 or more vehicles.
. Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface.
. Construction that will continue for more than 1 year or involve more
than one phase or stage.
· Excavation lor mining purposes that would remove more than 1,000
tons 01 natural material (i.e., rock or soil) per year.
· Construction or expansion of a sanitary landfill.
. Construction in a designated floodway.
. Other impacts ~ o.\-~tJ.. fAF 'P.--\- Z
AU..crwluW\
2. Will there be an effectt. ...IY un,que or unusual land forms lound on
the site? (i.e., 'c1ilfs, dunes, geologicallormations, etc.)DNO ~ES
. Specific land forms: 1oe.L~S
6
1 2 3
Small to Potential Can Impact Be
Moderate Large MItigated By
Impact Impact' Project Change
0 0 DYes ONo
0 0 DYes ONo
[l 0 DVes DNa
0 0 DYes DNo
0 0 DYes DNa
0 0 OVes DNa
0 0 OVes ONo
0 ~ DYes DNa
0 ~es ONo
lit 0 DYes ONo
.
.
.
IMPACT ON WATER
3. Will proposed action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, EtL)
DNO rnYES
Eumples that would apply to column 2
. Developable area of site contains a protected wJler body.
. Dredging more than 100 cubic yards of material from channel of a
protected stream.
. Extension of utility distribution facilities through a protected water body.
. Construction in a designated freshwater or tidal wetland.
. Other impacts: 'Moi-liI'O.... ~~~~ I D~tvtJ\lY\'\
~ /i.~~OC.'I~ o.ili\l~\'.l.S. .
4. Will proposed action affect any non.protected existing !If new body
of water! &NO DYES
Eumples that would apply to column 2
. A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
. Construction of a body of water that exceeds 10 acres of surface area.
. Other impacts:
~S
S. Will Proposed Action affect surface or groundwater
quality or quantity? DNO
Examples that would apply to column 2
. Proposed Actio" will require a discharge permit.
. Proposed Action require!> use of 3 source of water that does not
have approval to serve proposed (project) action.
. Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.
. Construction or operation causing any contamination of a water
supply system.
. Proposed 'ction will adverse1\, affect groundwater.
. Liquid effluent will be convey"d off the site to facilities which presently
do not exist or have inadequate capacity.
. Propa,ed Action ,",auld use water in excess of 20,000 gallons per
d.,y.
. Proposed ft.ction will likelv C3US" siltation or other discharge into an
existing body of water to ri'e extee.t that there will be an obvious visual
contrJ::.t :0 naturai conditions.
. Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
. proposed Action will allow residential uses in areas without water
and/or sew.er services.
. Proposed Action locates commefClal and/or industnal uses which may
reqUire new or expansion of existing waste treatment and/or storage
facil.ties.
. Other impacts:
6 Will proposed action alter drainage f:"w or patterns. or surf~e
waIN runoff? DNO ~ES
'El,jfo"lples tnat would apply to column :!
. Pr( ~,'":':)cd Action would change tiood water flows.
7
1 , potital 3
5mallto Can Impact Be
Mod .,..te Largo MItigated By
Impuct Impact Project Change
0 ~ ~s ONe
0 Yes ONo
~ 0 DYes DNa
0 DYes 0'"
~ l'U
0 DYes . Di'lo
0 D DYes [J:.,o \
0 0 OY"s 0,,"0
0 0 DYes OI'~0 ,
I
!
~, \
\
0 0 DYes [Jr,,, \
0 0 DY~s UIJo
0 0 OVes ONu \
\
0 0 OYes o 1..J 0
~ I
0 DYes 0:.."
0 0 DYes ONU
0 0 DYe> oNu
0 0 DYes DNa
0 0 DYes oNO
0 0 DYes oNo
0 0 DYes oNo
0 0 DYes DNa
,--0 i n eYes ONe
~
.,
"
.
.
..
. Proposed Action may cause substantial ero'sion.
o Proposed Action is incompatible with existing drainage patterns,
o Proposed Action will allow development in a designated f1o~dway,
o Other impacts: PropoQ!cl pvOlt.cX lAI',1\ ~1l1o...\-t-"'eJl~ rttAVLL
t~I"""lIJ...\er I"VM~t ~ ptI!\W S"K.. i'\l ad,-'",.t w~.
IMPACT ON AIR
~O
DYES
7, Will proposed action affect air quality!
Example. that would apply to column 2
o Propo,ed Action will induce 1,000 or more vehicle trip, in any given
hour. '
o Proposed Action will re,ult in the incineration of more than 1 ton of
refuse per hour.
o Emission rate of total contaminants will exceed Sibs. per hour or a
heat source producing more than 10 million BTU's per hour.
o Proposed action will allow an increase in the amount of bnd committed
to industrial use.
o Proposed action will allow an increase in the density of industrial
development within existing industrial areas.
o Other impacts:
IMPACT ON PLANTS AND ANIMALS
6. Will Proposed Action affect any threatened or endangered /
species! DNO li'l'YES
Examples that would apply to column 2
. Reduction of one or more species listed on the New York or Fcdera~
list, using the site, over or near site or found on the site.
o Removo' of any portion of a critical or significant wildlife habitat.
o Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.
o Other impacts:
9. Will Propo,ed Action ,ub,tamially affect non-threatened or
non-endangered specie,! DNO ~ES
hamples that would apply to column 2
. Proposed Action would substantially interfere with any resident or
migratory fi,h, shellfish or wildlife specie,.
o Proposed Action requires the removal of more than 10 acres
of mature forest (over 100 years of age) or other locally important
vegetation.
IMPACT ON AGRICULTURAL LAND RESOURCES
10, Will the Propo,ed Action affect agricultural land re,oyrce,!
IB'NO DYES
hample, that would apply to column 2
o The proposed action would sever, cross or limit access to agricultural
land (includes cropland. hayfields. pasture. vineyard, orchard, etc.)
8
1 pllli"l 3
Srl"llo Can Impact a~'
Me ,'ate Large Mitigaled By
l:n,lJct Impact Project Change
-
[3( 0 DYes DNa
l?" 0 DYes oNo
0 0 DYes DNa
0 g' ~es DNa
"
0 0 DYes DNa
0 0 DYes DNa
0 0 Oy", n" ,
,-"1'.0 i
,
0 0 DYe, r' i
WI.,) \
j
! ,
0 0 ! ,}..., '~jr"~-:'
I... ... ~
,
.- ,
0 0 0\'", i.Jr'lu j
,
I
,
'I
~ I
D DYe, DNa I
,
\
0 0 DYe; DNa I
0 0 oy", ONu I
0 0 o1't' oNo
~ D DYes DNa
D 0 oVes DNa
0 D DYes DNa
.
.
.
o Construction activity would excavate or compact the soil profile of
agricultural land.
o The proposed action would irreversibly convert more than 10 acres
of agricultural land or. if located in an Agricultutal District. more
than 2.5 acres of agricultural land.
o The proposed action would disrupt or prevent installation of agricultural
laNi management systems (e.g., subsurface drain lines, outlet ditches.
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due to increased runoff)
o Other impacts:
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resourcesl DNa
(If necessary, use the Visual EAF Addendum in Section
Appendix B.)
hamples that would apply to column 2
o Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
o Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
o Project components that will result in the elimination or significant'
screening of scenic views known to be important to the area.
o Other impacts:
~ES
617.21,
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of bistoric, pre-
historic or paleontological importancel ~O DYES
hamples that would apply to column 2 .
o Proposed Action occurring wholly or partially within or substantially
contiguous to any facility or site listed on the State or National Register
of historic places.
o Any impact to an archaeological site or fossil bed located within the
project site.
o Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory,
o Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
'3 Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunitie-sl
Examples that would apply to ~olumn 2 DNa I!l'YES
. The permane"t foreclosure of a future recreational opportunity.
. ^ major reduction o.f an open space important to th; community.
o Other Impacts: Pv'o\<ct ~',\\ 'lo\lY'tP'C. Y"U.II"h.h~cJ.
~ppt>"'-N~l~~[ oM bQa.h\l'.t
9
1 3 .
Small to Potential Can Impact Be
Moderate Large MItigated By
Impact Impact Project Change
0 0 DYes oNo
0 0 DYes DNo
0 0 DYes ONo
0 0 DYes ONo
~ 0 DYes ONo
.-
0 0 DYes ONo
0 0 DYes ONo
0 0 DYes DNo
0 0 DYes DNo
0 0 CYes DNo
0 0 DYes ONo
0 0 DYes DNo
0 0 DYes ON'o
0 0 DYes ONo
IY" 0 DYes DNa
,.
..
.
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systemsl
DNa
I5iv E S
.
hamples that would apply to column 2
. Alteration of present pallerns of movement of people and/or goods.
. Proposed Action will result in major traffic problems.
. Other impacts:
IMPACT ON ENERGY
15. Will proposed action affect the community's sources of fuel/,r
energy supply! DNO 8YES
ham pits that would apply to column 2
. Proposed Action will cause a gredcl tha.n 5 % increase in the use of
any form of energy in the municipality.
. PlOposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 ,ingle or two family
re~idences or to serve a major commNcial or industriJI use.
. Other impacts: e\~~; u..1. . '2-:2.-'Z \<..Vll-\ fbA-'1
. ,_ I
\v\ur{~ ihl\"l~ SJIM\o\oW'.
NOISE AND ODOR IMPACTS
16. Will there be objectionable odors, noise, or vibratio\1 as a result
of the Pre posed Actior.! LVNO DVES
Eumpl<s that would apply to column 2
. CIJ>ting within 1,500 ket of a hospital. school or other sensitive
fiJ.:ilily.
. Odors" iil occur routir,ely [more than one hour per day).
. Pwposed A~tion will p'vduce operating noise exceeding the local
ambient noise levels for noise outside of structures.
. Proposed )\ction will remove natural barriers that would act as a
noise screen.
. Olhcr impacts:
IMPACT ON PUBLIC HEALTH
17 Will Proposed Action affect public health and safety!
DNa
~S
Enmple. that would apply to column 2
.. Propo~ed Action may cause a risk of explosion or rel~ase of hazardous
sJl"tances (i.e. oil. pesticides, chemicals. radiation, ete) in the event of
accident or upset conditions, or there may be a chronic low level
discharge or emission.
. Proposed Action may result in the burial of "hazardous wastes" in any
lorm (Le. toxic. poisonous, highly reactive, radioactive. irritating,
I"fectious. etc.)
('torage facilities for one million or more gallons of liquified natural
":1S or other flammable liquids.
.., ....."('Iced action may result in the excavation or other disturbance
~,OOO feet of a site used for the disposaL of solid or hazardous
"; impacts: ~~I\;~<' ioM.~ o.S.COt..'~u)',t11 s+oV-lM-
wcAur cA'w\t-rv\ plllMpO\l+- -fh\\\~ I .t..v~'""'"
L ~ t..(.. ; '^"'~<t.l-b c).--. .....) ~)' 10 ~
1 3
Sf: ill to Potential Can Impact Be
M"c1drate Large Mitigated By
Impact Impact Projoct Change
0 0 O'l"s ONo
[;t 0 DVes DN->
0 0 DYes DNo
'"
"'] 0 DVei Or,o
0 0 DYes DNo
g' 0 DVes DNl.I
I
i
.
- I
I
I
'0 0 01", Dl"';<J
0 0 DYes 01'0
D D Dy~s DNo I
0 0 D,'cs o,~"
I
0 0 OVes DNa I
~
0 0 DYes DNa
-
D 0 OVes ONo
0 0 DYes ONo
0 0 OVes ONO
0 ~ ~s ONo
,
IMPACT ON GROWTH AND CHARtTER
OF'COMMUNITY OR NEIGHBORHOOD
16. Will proposed action affect the character of the existing community?
. DNO ~ES '
Examples that would apply to column 2
. The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%,
. The municipal budget for capital expenditures or operating services
will increase by more than 5% per year as a result of this project.
. Proposed action will conflict with officially adopted plans or goals.
. Proposed action will cause a change in the density of land use.
. Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community.
. Development will create a demand for additional community services
(e.g. schools, police and fire. etc.)
. Proposed Action will set an important precedent for future projects,
. Proposed Action will create or eliminate employment
. Other impacts:."lN/M' bO~N Qnl~o;. ~ +\.l bCl.~ D.,t....l.
w..\1.....~uz.. Sou\\Ao\~l> ,,\\.cur~'(' ~\ 0. ~(.V"f"'\,\",^,L\
\.Oc..~v~~'\' (.OW\W\u...i \-y
19. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts? DNO ~ES
. .
.
1 ' 3
Small to Can Impact Be
Moderate Mitigated By
Impact Project Change
0 0 DYes DNa
0 0 OVes ONo
0 0 OVes oNo
0 0 oVes DNa
0 0 oVes DNa
0 0 oVes oNo
0 0 oVes ONo
(j( 0 oVes DNa
~ 0 oVes DNa
If Any Action In Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large. even if the impael(s) may be
mitigated.
Iralructions
Di>cuss the following for each impact identified in Column 2 of Part 2:
1. Oriefly describe the impact
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance. consider:
. The probability of the impact occurring
. Tl1e duration of the impact
. Its irreversibility, including permanently lost resources of value
. Whether the impact can or will be controlled
. The regional consequence of the impact
. Its potential divergence from local needs and goals
. Whether known objections to the project relate to this impact
(Continue on attachments)
11
.
.
EAF Part 2 Addendum
Impact on Land
Other impacts:
(1) the temporary or permanent placement of dredge spoil;
(2) the construction of washdown platform and associated
drainage;
(3) landscaping;
(4) relocation of an existing septic system;
r.jfi/-;vt; ilL '-- ( (/ c7C
/(J:
<, )
C,( ;/Ck If>VV('It,Jo"-'
9/za'.
I -I HOWARD H. ':;E:!N&R
PROFE3SIO;~L &~GINEER
P.O. BOX 2~
.~REENPORT, N.Y. 11944
.
,
/
BRIOK COVE ~IARI"A EXPANSION - POSITIVE ASPEOTS
september 18, 1991
1. No bulkheading.
2. No wetland dieturbance.
~. No upland development.
4. Adding pumpout station.
5. . Adding washdown catch basin.
6.
Marina owns inlst and will maintain same (application already approved for
extension of maintsnance.permit) for flushing and ~avigation.
7.
~sin dredging to 6 ft. will increase flushing.
,
8.
Adding basin speed limit signs.
9.
Adding upland (parking) drainage control.
Adding upland (parking) landecaping.
10.
11.
Boat slips limited to l~~ boats.
(Marina Design Manual ~uidelines suggest
160 - 40 ft. boate for 4 acrss of marina
water area).
south dock is eliminated.
12.
Dangsrous boater auto access to
l~. stronger new docke will minimize boat broakaway and subsequent property
damage during hurrioanes.
14. New Walcon docks would have better appearance than existing old 1950'e docke.
15. All docks use separated pontoon floatation, rather than continuous styr~o~,
for better near-surface flushing.
16. Dock lighting will oonsist of low level l~ watt lights with translucent
lenses mounted on ~ foot pedestals. There will also be non-glare ramp
lights at the hsad of each dock.
17. Increased boat capacity to 1~8 boats would allow for a mors efficient marina
operation with full time employees. The present operation requires only
part time employeee, winter layoffs, and hence diffioulty in keeping good
help. The expansion aleo helpe the local eoonomy by employment, boater
spending, and additional real estate taxss.
~ :f~n~
(Prsvious Owner)
-~
.
.--
iA
.....,
~
.
New York State Department of Environmental Conservation
RegIon 1 Headquarters
SUNY, BuildIng 40, Stony Brook, NY 11794
(516) 751-7900
Thomaa C. Jorllng
Commissioner
Nov. 8, 1989
Young's Boatyard and Marina
(Howard H. Zehner)
P.O. Box 250, Sage Blvd.
Greenport, N.Y. 11944
Re:
Permit No.10-87-1618
Dear Mr. Zehner:
In conformance with the requirements of the State Uniform
Procedures Act (Article 70, ECL) and its implementing regulations
(6NYCRR, Part 621) we are enclosing your permit. Please read all
conditions carefully. If you are unable to comply with any con-
ditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously
posted at the project site and protected from the weather.
Very truly yours,
r?d-ur 7), T;I!v~ e
RNT: rw
enclosure
Robert N. Thurber
Sr. Environmental Analyst
.'
NEW YORK STA_PAH.TMENT OF ENVIRONMENTAl CON)~RVATION
~".lO-b (l,l:l'-ll-l"ic
.JEC NRMIT NUMtnA:
10-87-1618
FACllIfY;PROCRAM NUMElER(s)
N/A
:=J
:::;:]
:=J
:=J
:=J
:=J
Article 15, Title 3; 6NYCRR 327,
328, 329: Aquatic Pesticides
Article 15, Title 5:
Protection of Water
Article 15, Title 15:
Water Supply
Article 15, Title'15:
Water Transport
Article 15, Title 15:
Long Island Wells
Article 15, Title 27:
Wild, Scenic and Recreational
Rivers
o
PERMIT
Under the Environmental Conser<vation Law
6NYCRR 608:
Water Quality Certification
Article 17, Titles 7, 8:
SPDES
Article 19:
Air Pollution Control.
Article 23, Title 27:
Mined Land Reclamation
Article 24:
Freshwater Wetlands
N-New, R-Renewal, M-Modification,
C-Construct (.only), O-Operate (.only)
o
D
D
D
D
W
D
D
D
D
D
e-
~FFl:CTlVE DATE
Nov 8 1QRQ
EXPIRA TlON OATEhl
May 31, 1994
Article 25:
Tidal Wetlands
Article 27, Title 7; 6NYCRR 360:
Solid Waste Management.
Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
Article 34:
Coastal Erosion Management
Article 36:
Floodplain Management
Articles 1, 3, 17, 19, 27, 37:
6NYCRR 380: Radiation Control
PERMIT ISSUED TO
Young's Boatyard & Marina (Howard H. Zehner)
ADDRESS OF PERMITTEE
P.O.Box 250, Sage Blvd., Greenport, NY 11944
ACENT FOR PERMITTEE/CONTACT PERSON
Peconic Assoc.,P.O.Box 672-0ne Bootleg AIle, Green ort NY 11944
NAME AND ADDRESS OF PROJECT/FACILITY (If dllferent from Permittee)
Sage's Basin, 1370 Sage Rd.
lQCATlON OF PROJECT/FACILITY
Greenport
COUNTY
Suffolk
TOWNlc~?wllll<m
Southold
TELEPHONE NUMI:UR
UTM COORDINATfS
DESCRIPTION OF AUTHORIZED ACTIVITY Part I: At basin entrance. construct a 4S' extension to existing
bulkhead and dredge 20' x 200' area in entrance channel to 6' belo
ace spo On up an an ward of bulkhead.
Part II: Reconstruct and expand marina from 91 sli s to 138 sli S' constru
ramps an catwa s. Dre ge 2900t cubic yards material from shoal areas within marina to
6' below mean low water and place resultant spoil on uland ortions of the
wor 0 e n accor ance w t attached plans stamped approved by NYSDEC.
GENERAL CONDITIONS
By .cceptilnce o. Ihis permit, the permittee ilarees Iholt the permit is contingenl upon slrict compli.
ilnce with the Eel, .11 olppliuble reaul..lioN .nd the condiliom specified herein or oltt.lched herelo.
The pt>rmlllee ~hall file In the office of the appropriate reiional permit admini~trator. or other office desi"ndled in the specldJ conditions. a nOlice of intention to commenc~
,,",ork .II lea~l 48 houn in advance 01 the time of commencement and shall also notify him/her promptlv In w"tlnll oi the completIOn of the work
Z The perm.nt'd work ~haU be ~ubJect to Impecllon by an authorized representative of Ihe Dep.t.rlment of Envlronmentdl COmer\idt'On which mdY order the work su~pend~ II
the public Interest ~o requires pur~uant to Eel !i71.())Ol and SAP^ ,401(3).
) The permtttee has accepted ellopressly. by the ellofiution 01 the application. the fullle"al respomibility for 011/ damall:~. direct or mdirecl. of whatever ndture. dnd by whomever
suffered. arlun" out 01 the prOject de~U1bed herein and has ajreed to indemnify and save harmJeu the State from ~uils. actions. dama"l'~ and co~t~ of every name and desUlp-
tion rt'~ultlOj from the said project.
4 The Department reserve~ the ri"ht to modify. su~pend or rp'Ioke this permit al any time after due notice. and. if requested. hold a h"'drin" when:
al the ~cope of the prOject is elloceeded or . violation of any condition 01 the permit or provision~ of the ECl dnd pertinent reijUldtlons dre found; or
b) the permit was obtained by miHepresentation or failure to di~close relevent facu; or
cl ne""ly dacovered information or siimficant physical chdnges .Ire disco....ered ~ince the permit was issu~.
~ To mdlOtalO a vdlid permit the permitlee must submit a renewal application. Including any formli. feeli or supplementdl InlormdtJon. which mdV be requHed b.... the
Department, dt h~ast )0 days prior 10 the ellpiration date ot the l'lIiHini permit (180 days prior for: State pollution discndflilie elimlOatlon ~yHem permits (SPDES). Solid
wa~t~ mAna"ement IAcililies permiU ISWMF). or Hazardoulo waste mdnajement facilities permits {HWMFl).
b HilS permIt ShAll not be conslrued as conveYlOg 10 the applicant any rtll:ht 10 Irespan upon Ihe lands or Interfere With the npdrlan tlllhtl of others," order 10 perl arm the
permItted wotk 0( dli duthonllnlil the impairment of any ri"hts. title or interest in real or personal property held or vested in d person not d Pdrly to the permit
7 The permIttee IS rt'\ponslble for obtaining any other permits, approvals. lands, easemenu and rightlo-of.way which may be reqUired tor thiS prOject
8 Issuance of IhlS permIt by the Department does not unlen ellprenly provided for. modify. supenede or rescind an ordef on consent or determination by the Commlsuon~r
ISsued heretofote by the Oepdrtment or any of the terms. condltion~. or requiremenu contdlned in such order or determination 11\.
CJ ^ny moddlCdtlOn ot thl~ permit Ilrant d by the De artm nt must be in writini ..nd dttached hereto. ttWU1.ATOIlY AFP/t.
PERMIT 1\\.UANCf. OATE
Nov.tl,1939
aulas
ADDRESS ,p ~'E\\'
!!TATE UNIVERSITY 0 "
,;".;l'
1 l 7 '.i'
"" .,,,... ~ ,;
~
L-Lcvvv i~
(\
~ u:N\(J-~
I
cC:ti,:.".H.t"
rdbt: I VI
95-2(l-6l \11861-1SC ~~- a . -'
ADDITIONAL GENERAL CONDITIONS FOR ARTlCL:'P:'5 (1;tl. 51 24, 25, J4, J6 .nd 6 NYCRR Put &08 (
10. That it future operations by the State of New York require an ala other environmentally deleterious materials associated with th~
. teration'in the position of the structure or work herein authorized, or project. . .
if, in the opinion of the Department of Environmental Comervation 14. Any material dredged in the prosecution of the work herem permitted
it shall cause unreasonable obstr\lction to the free navigation of said shall be removed evenly, without leaving large refuse piles. tidies across
waters or flood flows or enda~ger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a
the people of the State, or cause. Iou or destruction of the natural tendency to cause damage to navigable channels or to the banks at
resources of the State, the owner may be ordered by the Department to a waterway.
remove or alter the structural work, obstructions, or hazards caused 15. There shall be no unreasonable interference with navigation by the work
thereby without expense to the State, and if, upon the expiration or herein authorized.
revocation of this permit, the structure, fill, excavation. or other 16. If upon the expiration or revocation of this permit, the project hereby
modifjcation of the watercourse hereby authorized shall not be com- authorized has not been completed, the applicant shall, without expense
pleted, the owners, shall, without expense to the State, and to such to the State, and to such extent and in such time and manner as the
extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require, remove all Of
Conservation may require, remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site
structure or fill and reUore to iu ~ormer condition the navigable to its former condition. No claim shall be made against the State ot
and flood capacity ofothe watercourse. No claim shall be made against New York on account of any such removal or alteration.
the State of New York on account of any such removal or alteration. 17. If granted under Article 36, this permit does not signify in any way
11: That the State of New York shall in no case be liable for any damage that the project will be free from f1oodin..
or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608, the NYS Department at Environ-
by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not
conservation or improvement of navigation, or for other purposes, and contravene effluent limitations or other limitations or standards under
no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977
12. Crantin8 of this permit does not relieve the applicant of the responst.- (Pl 95-217) provided that all at the conditions listed herein are met
bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance
the U.S. Army Corps of Engineers, U.S. Coast Cuard, New York State with the approved plans submitted by the applicant or his agent as part
Office at Ceneral Services or local go....ernment which may be required. ot the permit application.
13. All necessary precautions shall be taken to pre.e1ude c~ntamination Such a proved p,lans were prepared by Peconic Assoc.
of any wetland or waterway by suspended solid.. sediments. fuel.. dated 3/31/88-marina expansion and 12/1-5/l
sol....enu lubricants, epoxy coatings, paints. concrete, leachate or any C t. 1 1 b lk.l d (:I Q(\ reag~ng
, U ....CU1'-1; L.. lC1UUt:, U lea a
Part I:
1. Bulkhead extension must be completed before dredging the channel and backfilling.
2. Rocks existing at the washout area must be relocated along the seaward side of the
bulkhead after it is installed.
SPECIAL CONDITIONS
3. Dredging must be a minimum of 20' from the bulkhead to avoid undermining and collapse
of this structure.
4. There is to be nO disturbance to tidal wetlands vegetation near the washout area.
5. Spoil must be placed behind the bulkhead or adjacent to the south side of the berm
on the peninsula.
Part II:
1. All dredged material shall be disposed on an upland site and be suitably retained so
as to not reenter any water body or tidal wetland area.
2. Prior to the dragline dredging of Section A-East, the permittee must contact the
NYSDEC Bureau of Marine Habitat Protection a minimum of 5 business days beforehand.
A representative of this Bureau must be present during initial stages of using a
dragline to determine if impacts to the marsh will occur. If it is determined that
substantial impacts will occur, the method of dredging must be changed to bucket/
clamshell.
3. No machinery is allowed to traverse the marsh at any time.
4. Filter cloth, tarp or other approved protection must be placed over wetlands areas
to prevent bucket drippage of dredge material directly on marsh.
5. A silt fence must be installed and maintained along the seaward edge of the parking
area before construction commences to prevent siltation of the wetlands and waterway.
DEe PERMIT NUMBER
10-87-1618
PROGRAM/FACILITY NUMBER
!oJ/,
r
,
C'
.- ,
. .-~
NEW YORK ST.DEPARfMENT OF ENVIRONMENTAL CONSERVATION
~
95-2U-6f (7 87J-lSe
During the dredging operation, the permittee and hi~ contractor shall make every
effort to restrict spillage of sediment during excavation and haulage. Dredging
shall be accomplished with a clam shell or other closed "bucket" equipment.
Excavated sediemtns shall be placed directly into the disposal site or conveyance
vehicle. No sidecasting (double dipping) or temporary storage of dredge material
is authorized.
Dredged sediments shall be contained in sealed water tight trucks.
~ .
There shall be no disturbance to vegetated tidal wetlands as a result of the
permitted activity.
Dredging is specifically prohibited from June 1 through September 30 each year to
protect spawning shellfish.
Equipment operation below mean high water is strictly prohibited.
Dock or timber catwalk shall not be greater than 4 feet in width and be a minimum
of 3 feet above grade'" over vegetated tidal wetlands ('" distance is measured from
ground to bottom of dock sheathing).
Floats and ramps may not rest on vegetated tidal wetlands.
No permanent structures may be built on dock without first obtaining Department
approval.
Docks may not extend laterally beyond property lines, be placed so that docked
boats extend over adjacent property line, interfere with navigation. 'or iiliterfere
with other landowners riparian rights.
The existing septic tank and leaching system by the northernmost pier must be
relocated a minimum of 100' landward of mean high water. The relocation of these
facilities must be approved by the Suffolk County Dept. of Health Services.
Portable pumpout facilities must be installed and operational within one year o~
issuance of this permit. Plans and details of these facilities must be sent to
NYSDEC prior to installation.
lB. Signs, a minimum of 2'x3', are to be posted at this marina with language in
accordance with the attached "Sample Language for Pumpout Signage in Marinas."
.,. 'I~
-7
SPECIAL CONDITIONS (continued)
For Article ... 15 & 25 ( Protection of Water & Tidal WEt] ands
6.
7.
B.
9.
10.
11.
12.
13.
14.
15.
17.
19. A yearly log of usage and servicing of the pumpout facilities and holding tank is to
be kept, with a copy sent to the NYSDEC Bureau of Marine Habitat Protection for each
boating season ending Oct. 31st by November 30 each year.
Supplementary Special Conditions (A) thru (J) attached.
DEe PERMIT NUMBER
I
.
I Page -'l-- of I.
10-B7,-1618
fACILITY 10 NUMBER N/ A
I PROCRAM NUMBER
.
.
SUPPLEMENTARY SPECIAL CONDITIONS
The following conditions apply to all permits;
A.
If any of the permit conditio~s
tact the Division of Regulato~y
noted below.
are unclear,the'~ermittee shall con-
Affairs at the address and telephone
,
.j'
,
B. A copy of this permit with supplementary conditions and approved
plans shall be available at tne project site whenever authorized
work is in progress.
C. The permit sign enclosed with the permit or a copy of letter of
approval shall be protected from the weather and posted in a con-
spicuous location at the work site until completion of authorized work.
D. At least 48 hours prior to commencement of the project, the permittee
shall complete and return the top portion of the enclosed receipt form
certifying that he is fully aware of and understands all provisions and
conditions of this permit. Within one week of completion of the
permitted work, the bottom portion of that form shall also be com-
pleted and returned.
E. For projects invOlving activities to be accomplished over a period of
more than one year, the permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to the cOllunencement
of resumption of work each year.
,
F. If project design modifications take place after permit issudnce, the
permittee shall submit the appropriate plan changes for approval by
the Regional Permit Administrator prior to undertaking any such modi-
fications. The permittee is advised that substantial modification
may require submission of a new application for permit.
G. All necessary precautions shall be taken to preclude contamination of
any wetlands or waterway by suspended solids, sediment, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, leachate or
any other environmentally deleterious materials associated with the
project work.
H. Any failure to comply precisely with all of the terms and conditions
of this permit, unless authorized in writing, shall be treated as a
violation of the Environmental Conservation Law.
I. The permittee is advised to obtain any permits or approvals that may
be required from the U.S. Department of Army Corps of Engineers, NY
District, 26 Federal Plaza, New York, NY 10278, (Attention: Hegulatory
Functions Branch), prior to commencement of work authorized herein.
J. The granting of this permit does not relieve the permittee of the
responsibility of obtaining a grant, easement, or other necessary
approval from the Division of Land Utilization, Office of General
Services, Tower Building, Empire State Plaza, Albany, NY 12242, which
may be required for any encroachment upon State-owned lands underwater.
Regional Permit Administrator
NYS Dept. of Environmental Conservation
Bldg. 40, SUNY-Room 219
Stony Brook, NY 11794
(516) 751-7900
DEC /I
/b-~1'JIo/J'
Page 4 of 1
.
~-,
CHARLES T. HAMILTON
Chief, Marine Regulatory Section
NYSDEC, Bureau of Marine Habitat Protection
Bldg. 40, SUNY, Room 225
Stony Brook, NY 11794
'.
Re: Permit No.
Issued '1'0:
,I'
I
Contractor's Name:
Contractor's Address:
Contractor's Phone No.
Dear Sir:
Pursuant to General Condition Number 1 of the above referenced
permit you are hereby notified that the authorized activity shall
commence on . This notice is to be sent at least
two days in advance of co~nencement of the project.
The permit sign will be posted at the site and copy of permit will be
available at site for inspection.
Submitted By:
Date:
FAILURE TO NOTIFY OR POST SIGN WILL LEAVE OWNER AND/OR CONTRACTOR
SUBJECT TO APPLICABLE PENALTIES FOR NON-COMPLIANCE WITH PERMIT
CONDITION.
------------------------------------------------------------------------
CHARLES T. HAMILTON
Chief, Marine Regulatory Section
NYSDEC, Bureau of Marine Habitat Protection
Bldg. 40, SUNY, Room 225
Stony Brook, NY 11794
Re: Permit No.
Issued To:
Contractor's Name:
Contractor's Address:
Contractor's Phone No.
Dear Sir:
Pursuant to General Condition Number 1 of the above referenced
permit you are hereby notified that the authorized activity was
completed on
Submitted By:
Date:
'l'HIS NO'l'ICE, WITH PHO'I'OS OF' COMPLf:'I'ED WORK AND/OR COMPLE'ff:D SURVC:Y, IS
'1~ BE SENT TO ABOVE ADDRESS PROMPTLY UPON COMPLETION OF PROJECT.
FAILURE TO N~rIFY WILL LEAVE OWNER AND/OR CONTRACTOR SUBJECT TO
APPLICABLE PENALTIES ~R NON-COMPLIANCE WITH PERMIT CONDITIONS.
~2l).1 i8l87)-9d
New York State
Department of EnvirojnJ:T1ental Conservation
i \
,
o NOTICE
.~
...
~
.
The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Expiration Date
Regional Permit Administrator
.
Permit Number
NOTE: This notice is NOT a permit
,/
,/
/0 /,',; ~\
I I-.y "
J /.,. y"~--
.~. /r....
',' .~ /y ~ I" Paoposc:o N;;:w l?)..)L'r(I-':::AD
v -----...;> (N.OT TO SCA'-E.)
.~ ,'/ / i'.K
(...--,:.)(-~~-\P'Z^,;) i-\-.A::~::>
AS $!-;QWN LJS:NC\ =...K\'Sl:
ST,:)N~
.
.
SQUT\40LO
PROJ<::CT, .....,
1'l '-..
1
LAT. ~ ,'~' '?)" ',J,
<Ii
~t-..l'-A.ZC\S:~l~~T CO;:: A2E.^ G=....LO\.-.I
TO S~O'.,.l RCC',.'~ i:::\P' ZAP
... >-~ :)\'" -;-'J Sr: ^ ,_~)
\
'"
..J
::OUT,'OLD BAY
vrc.INITY MAP
rr
u,
I-
.J
UJ
:r
<f)
;'Q:)PC5~. N.~-N o\';L',.\'h~AD
(t--~'" TO S<'A'-~)') . t"\^~\~""
,"');"'~~:.m6."~'+. ~ ' .~ ePA-';Y"'''~~~ \O""~"....::,
'6,~O~nE:R~ :..;t /' ~ / ~OJ:-\c, \) 1.<.>11'
r '-'\';- - ... '- I, ' \'O.,.;/>..~
, . ~"" ,,~'...' '-'-' ," '"
.: ,,.~\";\I., y' '\. '.". .'
! ~ 6) .~.~~ . rRnp f""O. \..l.AH C'"\ 1<C r\~'"
~ \J~ d's.<( ," " ,,"-
I:. ".,';II.-!:"'; ,..:,~ .~. 1'>__..)'-,.'0" ........ ...........~-
I..) ~~.J ~.~ - ' '='''0
..,;.......::-~_:-_,l... '""~-'..--...."......, "'",,~
, _-;.;:.--,~-----,.... r.:.. ~... "::..~_
p- :~", T."" '~"~4 '-.:, ......>0,(...
/. ..' ~M.\.;.\,!, ...../
/' '<.M,L,W. ' \.....'EXr;r.. STZ-"'-
",--. I?J ~.)\_',( 'H f;" ^ ~
I
I
!
~- ---
""
.10 0
8:ALE
IN
.!:I)
MILES.
FROM: NOSe. CH"''C..l :-lQ. ,.:V...,,3
" .
N()iE: p(-AVAT10N \CO c.u.YOS.
C.LAY. r_'o-\^"\:-<O';.L To ~e.
D"Qr;.D~'l) ""'0 f.J ~T. 8.E.LOW
M.L.\w-J. """''''''c.f1'A"LIO 0=
?LACED \1'\ J~_TTY e~.~l\"'~
Gvl-....~\':.A;:) '::"cP ~^(~.:jL\...
'D1:::f.Oo;I"lr iO e,G GY DI'A~-
L\:"\E C~^N~ Fr70t-" J~TTY.
PLA.N,
qo S'lj 0' '~ zoo...3~
~'~-"r...:.~ .:...=..r.""'::!,~"""""""" :J...~Ui"~=::::~--=-~
~CAI..!;,. I" F:<.ET l\":::=. 100')
/' ,- <:"-?
C;
-r '~I II' r""""",-,:~",-C'::~
-- :~' ! ::;-- ::~. J.t. : ~ I.T'''- "00
- . - ~ '" xl ii' -
','';'.1 >111
'n . . :'71) 1: !I!
..... ',' ~<t?/ I
. .- ____Ii !/ /4- S>-I aT
.- <:>1 I!!!.
I "I I Ii l
I ___ t JI1--.--- ~-"',C1'l: 'A-;-
t _ . ..___ _'___' "',,--..,. "', ~o~._..::::.? _:;~~.:.~.
I[ ilh:,~,',:'l", ~;;;""F .:i"'<. KrV6-<'" - /:J=<F'0-W,'
I' ' "'n'~~,
i Q.';-jl...:~: /...lE.J..,V $'.1:-...\ Li'Y'CL. ..
II AA:~SE"..rr ;>i/C?f~T1' C'>Ii'/f~S: _ M::
11) ,:.~U7.....c.::.D S.~O;;'~.:S :-~,I .
I( '.
L.c..:o.I:~-,~~ .... ,-
1'...",
. .
iTT1 fi,;ll (2. C;,....LY.
Il~i<->-~I ""ACAC"<~.,':CATt
II~~'B C-C.^
III O,TR\....:;"'~
~iil . -3" CI~. erA ""~<
fft-' iJ' DC, (H P.)
'~l
I
TI;: F<OOS ~/;' O,C,
C;'(,'/4- C.~N'1"'l:l'.S
0>-1
S"'~C.L
1.2'
~A_'"
,:?~'./. /2 '.'/J,~ -12
"_A toc_
Iii: SA'i"- (3A,$lN
AT' .50U?nOL:> "
COUNTY Ol': ':'<.)~~C>iK. S'l'AiE: #.r,
APPLlCATlCII BY: !'/;CCy,M:: .AJY::JC-
C/V: d007<:.Et; ,4<:...~c)1# </
r?EEA./,..:::oP0 N.P II fl.,l
,- 58 ~ . I T~' ',;J 9. 6S
'.
t
--
:,
"
,... ...., \'" ::~:...
. .. t .' ,!\.,. " ....~
\" "i:t..::\\):'\...'., X
~~;~~~~j?:,
~/<.,~ '\6~ \~l;..-
'~~~\\'. -
. -.... '1
(NOT TO SC.ALE)
~
~~
'- '-
J:> r?ij
~ ~
N '':::r:!J
(!j G:';;'l
c::-.:.~
i:3
CJ ~~
co~
(~jj
,\." .
_, ..,.J11 i........
'.
,\'
'\
.
.
, .
-
.
,
ASSOCIATES Inc.
~}n.ult.nt.
P.o. "x .la, ,"..,N't. LY.UH4
IU.- 477"'~.. ..,
.. ,", J
'I
, ,.".'-
'...~' . ..
,"'",
. ;' ~. "
YOUNG'S
M ^ C)J.l\J ~
.J. ~. ~:~~ ~ ~
PARKI N'1 "",",0
j' S.., I.....,
:"I~;1"',P;;RRIC9Nf!. .
. i "'iii .~- ~F ... ll:
. DRAI NAG ~.'... .
..
".' . :.: - ~
"I..'~',."
.\."
f,'12
.' .' :.,:~,~ "
.
.
CHARLES T. HAMILTON
Chief, Marine Regulatory Section
N~SO~C, Bureau of Marine Habitat ~rotection
Bldg. 40, SUN~, Room 225
Stony Broo~, N~ 117~4
Re: Permit No. 10-87-1618
Issued To: YOUNG I S BOATYARD & MARINA (HOWARD H. ZEHNER)
"
'"
.;'.\'
'\
Contractor'S Name:
LATHAM SAND & GRAVEL
Contr..ctqr's Phon", No. (<;11;) 1?1_?<;A<;
Dear Sir: .'
COSTELLO MARINE CONTRAC
P. O. BOX AK
GREENPORT. NY - 11944
(516) 477-1199
-Contractor's Address: MAIN ROAD
ORIENT. NY - 11957
Pursuant to Gen~ral Condition Number 1 be the ..bove r",terenced
permit you are hereby notified t'hat the authorized activity sh<ill
cOllunence on NOVEMBER 22, 1989 . This notice is to be sent at least
two days in advance of Co~nencement of the project.
The permit sign will be posted at the site and copy of permit will be
avatlable at site for inspection.
Submitted By: ~..Q.a...~..... J Date: NOVEMBER 17, 1989
~AILU~~ ~~ N~rIF~ O~ POST SiGN WILL L~V~ OWN~ ANDIOH CONT~~~H
SUUJ~' 'rQ APPLICABLE PENALTIES FOR NON-C~L!ANCE WITH PERKIT
CONDITION.
------------------------------------------------------------------------
CHARLES T. HAMILTON
Chief, Marine Regulatory Section
NYSDEC, Bureau of Marine Habitat Protection
Bldg. 40, SUNY, Room 225
Stony Brook, NY 11794
Re: Permit No.
Issued To:
Contr..ctor'li Nanle:
Contractor's Address:
Contractor's Phone No.
Deaj:' Sir:
Pursuant to General Condition
permit you are hereby notified that
cOlllpletec;l. on
Submitted By:
Number 1 ot the above referenced
the ..uthorized activity was
Date:
'j'IHSNO'I'ICE, WITH PHO'I'OS Of' COMPLE'j'),;U WORK ANU/D.R COKP~E'rEO ~U~Vl::~, IS
~~ BE "~N'r ~~ ABOVE AOO~ESS PHOMP~'L~ UPON COMk'Ll::'l'ION Oli PHDJECt.
~AILUH~ ~~ NO'rIF~ WILL L~VE OWN~ ANU/O~ CONTRACTOa SUllJECT ~~
APPLI~LE PENALTIES FOR NON-CaMPi. lANCE WITH PERKIT CONDITIONS.
.
.
. PECONIC ASSOCIATES. INC.
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477-0030
Fax (516) 477-0198
September 20, 1991
Board of Town Trustees
Town of Southold
Town Hall
53095 Main Road/P. O. Box 728
Southold, NY 11971
SUBJECT: Request for recyclables data and wetlands line per
Mr. B. Anderson 9/14/1991 letter.
Dear Members of the Board:
With regard to your request for the present recycling of
wastes at Brick Cove Marina, North Fork Sanitation picks up
solid wastes twice weekly summers, and once weekly off-
season from dumpsters at the Marina. In addition,
recyclables are picked up every Wednesday. The Marina has a
recyclable station in operation which includes separate
compartments for newspapers; plastics; clear, green, and
brown glass; and cans. The Marina recycling program has
been very successful with good cooperation by the boaters.
A copy of a September 5, 1991 Suffolk Times article on this
operation is enclosed.
Petrochemical and restrictive wastes are remov2d in three
(3) ways:
1. Waste oils are collected by the Marina and removed by
Strebels, Inc., a licensed NYSDEC Operator. Three
sample receipts by that operator are enclosed.
2. Petrochemicals such as used paint thinners and used
gasoline are taken to the Southold Town Landfill "STOP
Program" station, as well as discarded small batteries.
3. Discarded large batteries from boats are returned to
Interstate Batteries, the Marina battery supplier.
.
.
Board of Town Trustees
September 20, 1991
Page 2
With regard to your wetlands line request, enclosed are
seven (7) prints of the updated Trustee Site Plan showing
the wetlands line which traverses above the mean high water
mark and around critical marine species flagged by Mr. Bruce
Anderson on July 19, 1991.
Sincerely,
PECONIC ASSOCIATES, INC.
.
,
Enclosures: Per Text
cc: Mr. Bruce Anderson
Mr. Christopher Kuehn
Anthony Tohill, Esq.
Howard Zehner
~ 1 c; 1 '10 SulloIk Times. September 5: '1 !:l!r1
C,~unchTirne Coming for Recycling.
IT'S IN THE BAG-Diana Leveridge sorts recyclables at Brick Cove Marina on Tuesday.
Photo by Judy Ahrens
Over 80 years
of producing only
GENUINE
LONG ISLAND
By Ruth .ternick
SOUTHOLD-The push is on.
Commercial recycling has not yet be-
come mandatory in Southold Town,
"but it will be before the end of the
year," Councilwoman Ruth Oliva
warned Tuesday.
And businessmen worried about com-
pliance may want to take a peek at Bill
Leveridge's prototype recycling center at
Brick Cove Marina. "We're awful lazy,"
Mr. Leveridge confided this week about .
his labor-saving creation that masquer-
ades as a plywood shed. "We looked for
something simple to handle. We tried to
make it easy for ourselves, and it's
working. People are cooperating. We
fill it up every week," the marina man-
ager said.
The large recycling bin at the marina
is compartmentalized for segregation of
green, brown and clear glass; cans; plas-
tics; and newspapers. "Each one has a
plastic bag in it, but we're still working
the bugs out of it," said Mr. Leveridge.
"The glass receptacle is going to have to
be replaced by something sturdier be-
cause the glass cuts through the bags."
'Nothing to It'
Brick Cove's recyclables are picked up .
weekly by North Fork Sanitation
Service, which began special commeri-
cal recyclable routes on Wednesdays this
summer, and Mr. Leveridge had high
praise this week for NFSS owner Roy
Schelin: "He made it terrifically simple
for us. His guys go right in the bins and
take the bags out. My daughter, Diane,
checks the Dins and sorts things once a
week, but if people haven't had too
much to drink out of those bottles, they
usually get them into the right slot.
There's nothing to it," said Mr.
Leveridge.
,.
~.,
{.
t
tt
.
i,
.
"
.
.
,
.
STREBELS, INC.
644 Montauk Hwy.
P,O, Box 1151
WESTHAMPTON BEACH, NY 11978
(!iUi) 288-1159
c,r,..A. \.~
~- ,
o CAiH CtiAI<<l~
c;.o.~, 0 .AlO O~T
QUAN.
JJY/
o "DSf, RtT'O
Cl .0, OH ACCT,
, ..--..~~ ...~....._-.-;_.
AMOUNT
6-0
Oil Re""vH B
.'
. .~.~.-::.:
:.:. OMt(
, . .0;::...
".~':~:,.."'l
.:..~~:..\q
>~~~
NA 1270
N-YSOi:C .IA007
.~~
..~
a&~"'lQ IY
2440
TOTAL---
17 t:a.
~J,~
..
.
"
.
,
.
.
e
STREBElS, INC.
644 Muntauk Hwy.
P.O. Box lt51
WESTHAMPTON BEACH. NY 11978
(516) 288-1159
.
~o IY
.....
em' ,
~-\,
,"'_ ..f ...,.
:".' b .;AsH ".' .
~/:r-lJ ";-'
..... C:O,ll....
· '.- 0J'.1 IJ(- .
DCHA~~"'I ::,6 ..ps "~ll'l? '.
q ,,,'D 9~.(,.~1;J fD. 011 ....c"T. .'
. '. .'~~_ :..:~ ...~.,t."....;."""..:.:..;~'.::.;";.:":IJ;;.
DESCRIPTION
f to,'.
Gallon. II "'"'0.'. .....:'.,..
.-,'.'
_'"r".':,)',,::
:::~[\V:.-.:::.~;/.)..:-,.
."j,; ,; ...~,q:,".-
I
1
I
I
'I
QUAN,
""
. '" '.
.'
OIIIemOYM .,. .;
'~
,
.
Combu.'I"" Uqll14" .-
NA' 0 'o' ',.,'
..,:...:.
.:,;..
R(.CiIV[I) IY
TOTAr..-
.
oW
5213
~cysw
\
, .
"
I'
,
\t'
..
.
STREBElS, INC.
, . 644 Montauk Hwy.
. . . . PO. Box lI51
WESTHAt.1PTON BEACH, NY 11978
(516) 288.1159
Uniform Rental A~allable
..
$OL.D IV
""Mt
APORESI
CITY, '".' d
, .q,.,"" " __,~~.._ l.1:-!.~J.
.:: brASH '.'. gCW,.m:::':8 Mri~'~" '0:;
, Tf". . '," ,-"<
:' ,'q ~:o.o.: I~ ::. ~ ,P~~,~'~ ~.' ~. . f!q..~ :~cfo/.. ~ t
.. .. . , ... . . .", . . ~ - . , . .. - . ~ .... -
QUAN.- DESCRIPTION
GALLONS O( WAsrE O'.L
WASTE OIL/'/
).
COMBUSTIBLE liQUID
NA 1270
NYSD~C .lAOO7
RECEIVED BY
.
.. ,-'
" ~ ",
- . ~ t , . .
.,.. "".
I . i I : : : ~ l l.
-. ." ~ " . I ~ . t
. : .~ .: ~ . I ; : ,: ~ I
AMOUNT
TOTAr
~cyow
..
.
'J
"'l'
"\ .'
"
!
MEMORANDUM
<,~'f.J
!
.~
lillPREME COUHT. SUFFOLK r,OllNTY
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, JOHN BEDNOSKI, JR.,
ALFRED KRUPSKI, constituting the
Board of Southold Town Trustees,
Respondents.
v TWCmEY, LATHAM, SHEA & KELLEY, ESQS.
Attorneys for Petitioners
33 West Second Street
Post Office Box 398
Riverhead, New York 11901
.
l.;.Nlj~
(jjlo,/,n
. .
,)-:"'-/~":
IAS PART X
BY: DANIEL F. LUCIANO, J.S.C.
DATED
^'l {~I
1990
INDEX NO. 4911/88
MOTION DATE 5/5/89
CDISPSJ
7-
'. ,-.,
."\,-,I,,-...-.....'~ ~
,; "
L/-, Ii \....,
r,j
'4
JAMES A. SCHONDEBARE, ESQ.
Attorney for Respondents
53095 Main Road
Post Office Box 1179
Southold, New York 11971
This is an Article 78 proceeding by which the petitioners,
Henry Weismann and Frank Flynn, seek to have the Court annul and set
aside the issuance of a wetlands permit by the respondent, Board of
Trustees, issued pursuant to Chapter 97 of the Southold Town Code to
the applicant, Peconic Associates, on behalf of Young's Boatyard and
Marina (hereafter Young's Marina). The said wetlands permit serves
to further the efforts of the owners of Young's Marina to expand that
facility.
The petitioners, Henry Weismann and Frank Flynn, are owners
of residences separated from Young"s Marina by Sage Cove, a distance
of approximately 250 feet of underwater land. They contend that they
will be injured by increased pollution and the destruction of
wildlife habitat if the complained of expansion of Young's Marina is
permitted.
The respondent, Board of Trustees, is the body charged with
the duty of determining whether to issue wetlands permits. (Southold
Town Code, section 97-20,)
Prior to the proposed ex~ansion of Young's Marina which is
currently under review the applicant had sought approval of a plan to
expand the existing marina to allow 121 boat slips, an 82 unit motel,
a 125 seat restaurant with parking for 238 cars and a boatyard for
the maintenance and storage of boats, After extensive proceedings,
"PAGE 2 - WEISMANN V. BREDAYER
INDEX NO.
88/49t
which included environmental study and the preparation of an
environmental impact statement in !'tccordance with the State
Environmental Quality Review Act (SEQRA) (Environmental Conservation
Law section 8-0101 et. seq.) the prior proposal was withdrawn.
The proposal which is the subject of this Article 78
proceeding is for expansion of the eXisting marina from 1,600 linear
feet of dockage to over 3,200 linear feet of dockage. As expanded
the facility will include four main docks and 69 finger piers. It
will require dredging of approximately 2,900 cubic yards of material.
Nine grounds are offered as reasons for vacating the
wetlands permit issued by the respondent, Board of Trustees.
First, the petitioners, Henry Weismann and Frank Flynn,
contend that the respondent. Board of Trustees, acted without
jurisdiction and in violation of section 97-21 of the Southold Town
Code since that section requires. ilJ.1..u aliA, that the wetlands
permit may be issued upon an application which includes
"[d]ocumentary proof that all other necessary permits and approvals
have been obtained."
It is not disputed that the subject wetlands permit was .
issued prior to receipt of other necessary permits and approvals.
Section 97-21 of the Southold Town Code appears to make
receipt of such other necessary permits and approvals a condition
which must be met prior to issuance of a wetlands permit. (GL
r!e,l.>s~er AStLQ,ciat<,s v Town of WebBter, 59 N.Y.2d 220, 229.)
Nevertheless. since it appears that necessary permits and approvals
have now been received from the New Yor], State Department of
[nvironmental Conservation and the United States Army Corp of
[ngineers this defiCiency has been effectively cured and does not
serve as a basis for vacating the wetlands permit.
.f
"
(:..
As a second ground for vacating the issuance of the subject
wetlands permit it is contended that the respondent, Board of
Trustees, <-Ihich acted as the lead agency in the SEQRA review* failed
to take the reqUired "hard look" (~, fL.1L... H.Qlmp.B v. Bro.Qkhaven
T('Hn~uUillR: Board, 137 A.D.2d 601, lIl.Qj:J..0J~~~
<I>::!lien, 72 N.Y.2d 8(7) at relevant areas of environmental concern.
" ..~
.
;\ -'
"
Spp.cifically under att.ack is the "negative declaration"
issued by the respondent Board of Trustees on September 25, 1987
"}dch reflected the conclusion that the proposed expansion of Young's
11~rina "will not have a significant effect on the environment."
. -
, ,
" ,:r.
)1......\
41:
!'1y
'j
As noted in the decision issued herewith brought against the
::"uthold Planning Board it apPears t.hat the Planning Board also
"c:clared itself lead agency. This discrepancy may have cured. If
"e,t, the appropriate Course is to seek a determination from the
I<"mmissioner of the Department of Environmental Conservation pursuant
10 GBction 8-0111(6).
,PAG)!: 3 - WEISMANN V. BRED.YER
INDEX NO. .4911
Offered as the reasons supporting the determi~ation were:
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.
The petitioners, Henry Weismann and Frank Flynn, assert
that the environmental assessment form relied upon was not fully
,:ompleted and that the portions which were completed were prepared by
the applicant's agent. In the petition (paragraph "19") it is
',lleged:
.. ," .t.-'O.
With unusual speed, as can be seen from the notations at \ v
,~
the top of Exhibi t "F", the Trustees received the \" ",' "."
application at 4:15 p.m. on August 24th and by the end ofl ~
business that day had circulated the application with the \ 'l' "
purported complete EAF to the Southold Town Conservation ;' ~ ,,"'y,
Advisory Council and the New York State Department of / ~ \ '('
Environmental Conservation, A copy of the letters \ .j-r j' -
advising those agencies of the application, and the notice' ,," '. .
of the application posted in Town Hall are annexed hereto ~..' ~,\
as Exhibit "J". Given the only forty-five minute time '\.~
lapse from receipt of the appllcation to referral out, it '
is clear that the EAF, Part II was not prepared by
respondents. "~
In the affidavit of Board of Trustee member and former
President, Henry P. Smith, it is acknowledged that the respondent,
[1,)'ard of Trustees ,m did not prepare the environmental assessment form
but asserts that "this Board reviewed Part I and Part II and found no
oeed for changes." As evidence that the respondent, Board of
Trustees, did consider environmental issues Mr, Smith notes the
conditions which were attached to the approval of the wetlands
permit, '<C, c '.J.., , ,', I I
--- .)'-c-l", .2.-......r"\A- ~~, 0'~~ t'L.,.<<t.~.~\..."~'" :,...... ~\L.l-'V~~L'-. . :
The listing of conditions to which the wetlands permit was
8ubject, however, does not establish that the respondent, Board of
Trustees, satisfied its SEQRA obligations, Before it was entitled to
Issue a negative declaration and dispense with an environmental
Impact statement the respondent, Board of Trustees, was required to
"identify the areas,of environmental concern, take a 'hard look' at
them, and make a ~'easo'ned elaboratTon>of the basis for i.tlL f'"'"""', . &./1'
declaration of env'ircfiHnelltal nOl'lsignificallce-:-.. . "--.(Tclian~
~/ "
DC.l.'.i.Y.lliU, 97 A.D.2d 769, 770. citing -R...O.M.E.S. v, New Y01:k Stat", !~tl'. ,l..
l~~an~~~lQpffient C~_, 69 A.D,2d 222.)
The intervenors, Howard Zehner and Dorothy Zehner. have
argued that the substantial and detailed examination of the earlier
proposed, larger expansion of Young's Marina, which proposal included
a restaurant and motel, clearly shows that the respondent. Board of
PAGE' 4 - WEISMANN V, BREDJltYER
INDEX NO.
88/1tll
Board'of Trustees, acted with a full awareness of the relevant
environmental concerns,
The petitioners, Henry Weismann and Frank Flynn, have raised
many issues as to which the respondent, Board of Trustees, has failed
to demonstrate it has taken the requisite "hard look", including
harmful effects on finfish and shellfish as well as birds and mammals
in this apparently environmentally sensitive area.
As noted above, the assessment of that earlier proposal had
required an examination pursuant to an environmental impact
statement. In view of the close scrutiny given to the prior proposal
it may well be true that the respondent, Board of Trustees, was fully
familiar with all relevant environmental issues when issuing the
instant negative declaration. Nevertheless. the possibility or even
the probability that an agency considered all appropriate factors in
issuing a negative declaration is not a substitute for an articulated
reasoned elaboration justifying the conclusion which will permit
intelllgeI1Tui:eview. While the respondent, Board of Trustees, is not
precluded from utilizing information gained in a prior revielf,--rC'-'--
-musrnevei+heless set-forth such information-iil jus-tify'inga negative
declaration. (Lehan v. Scrivi'lni, fiillll.".a at 771, ("... a conclusory
statement, unsupported by empirical or experimental data, scientific
authorities or any explanatory information will not suffice as a
reasoned elaboration for its determination of environmental
significance or insignificance").)
Accordingly, the failure of the respondent, Board of
Trustees, to demonstrate that it properly undertook an environmental
assessment of the project approved requires that the relief requested
by the petition be granted.
In the current. circumst.ances, t.he respondent. Board of
Trustees, may well be able to satisfy it.s SEQRA responsibilities by
preparing a reasoned, writ.t.en explanat.ion which compares it.s
assessment of the current. proposal, which it concludes will have no
significant environment.al impact.. t.o t.he prior proposal which
t'(.quired an environmental impact. stafE;men't.:"That is to say, alt.hough
I.he necessary "hard look" may have been t.aken as a result. of t.he
prior environmental study, and t.he respondent, Board of Trustees, may
well be able to rely upon the knowledge accumulated by the prior
"I.udy, it remains t.he obligation of the respondent, Board of
TruDtees, as lead agency, to articulate the basis for it.s negative
,]r,clClratioll. An explanation of what differences in the current
pt'oposal, as qpposed to the.prio;:prciposaf",'Flave led to a different
,-","cluslon as to-'tlieei1'vTronment.al significance. if adequately done,
,o-'y serve as the requisit.e "t'easoned elaboration" of the reasons
"uppor~it~g the negative cOllcliisTon.... ."-,,.
-~------- .... .----'
It should be not.ed t.hat. this case is dist.inguishable from
l-i'>b:.;Jer Associates v. Town of WebstcJ.:. supra, in which the Court of
Appeals excused the omission of a discussion of an alternative
['t'e'posal in.a draft environmental impact statement. "'-Intha-t--case
there was no indication that t.he environmental effects of the
"pproved proposed project. were not t.aken into account and t.he Court
PAGE'5 - WEISMANN V. BREDJllyER
INDEX NO. 8.4911
o.f Appeals was able to conclude from the history of the matter that
full consideration had been given to the alternative proposal. In
this case, to accept the assertion that the respondent, Board of
Trustees, gave proper consideration to the environmental issues would
be simply to accept on faith that this had been done. This was not a
failure to discuss an alternative proposal which had undoubtedly been
considered. It was a failure to. dls_c:,uBfl....the proposal actually
approved.
Accordingly, since the wetlands permit was issued without
prior appropriate compliance with SEQRA the petitioners, Henry
Weismann and Frank Flynn, are entitled, on this ground, to a judgment
'locating t.he wetlands permit and remanding the matter to'-t.he .
)'espondent, Board of Trustees, for appropriate action.
With respect to the third ground upon which this request fo;:\
,'elief is based, which is the respondent, Board of Trustees, did not !
itself prepare the environmental assessment form, the Court agrees i
with the assertion of Board of Trustees member Henry P. Smith that ,( g. ~
,.[t]he issue is not whose hand holds t.he pen but whether or not the
findings cont.ained t.herein are t.he Board's." A lead agency may r < .,')
)'equire the applicant. to prepare t.he environmental assessment form.) ,,~
~.
(EJ.S. Vent.ures Corp. v. Fost.er, 71 N.Y.2d 359, 372.)
As a fourth ground for vacat.ing the respondent's, Board of
Trustees, issuance of the wetlands permit. t.he pet.itioners, Henry
Weismann and Frank Flynn, assert t.hat the determination that the
f'roposed project would have no significant effect on the environment
was substantively erroneous. In view of the limited role of the
jl)diciary to assure an agency's compliance with SEQRA and not to
,'"place the agency as the decision-maker (~ ..I.a..ckson v. New Yo..l:L
..:.t.:Li&-lli:b.at~velopment. Corporation, 67 N.Y.2d 400, 416) the Court
'!',clines t.o mal~e a determination of the significance of the
"'Ilvironmental impact of the proposed project. Only after receipt of \
1.11": "reasoned elaborat.ion" of the respondent, Board of Trustees, in
support of its negative declaration will the Court be able to
determine if t.he respondent identified the areas of environmental
':,oncern, took a "hard look" at them, and thereupon made a decision
reasonably supportable by the facts. It is for the Court to make
that determination and not for it to be the body which makes the
assessment of the environmental significance of the proposed project.
(C<.2hl.an v. Carev, 88 A. D. 2d 77, 80, lll.9..:ti.Qn for leave to ~
,UJ;;lfI~~, 57 N. Y. 2d 672, ("Regardless of this court' s personal views
on the possible deleterious impact the proposed action might
Ii""e. . . [i t. is] bound by the stat.utes to determine whether [the
r0spondent, Board of Trustees has] satisfied t.he statutory
requirements of SEQRA, and not to substitute [its] judgment for that
of [the respondent, Board of Trustees] if those requirements have
been sat.isfied.....).) "
The fifth ground for relief is the assertion that the
issuance of t.he subject wetlands permit and the approval of the
proposed project violated the Zoning Ordinance of the Town of
Southold.
"
, t.
,
't' ..'
"
f
\...."
<"t./ '-"
~K"" . '
,I' .~ l '.
'l .
(\'-:~. ..
~ .
v{ I ,,"
i .'1./
~,(
lj' "
, 01\
"
~, ~
'\
.,t
~ 1) ,
,.
"
l-"
,I.-
~ ...-
J
PAGE' 6 - WEISMANN V. BREDE~ER
8'4911
INDEX NO.
This argument, however. was based upon the provisions
~pplicable to a C-Light Industrial Zone. As the Court has now been
informed that the zoning of the area has been changed to an M-l
IJeneral Multiple Residence Zone this argument is rejected as moot.
Moreover, questions concerning the applicability of the Zoning
Ordinance are within the province of the Board of Appeals (Southold
Town Code section 100-121; Town Law section 267(2).)
The sixth ground set forth in support of the petition is
that the complained of wetlands permit was issued in violation of
section 280-a of the Town Law which, in subdivision 1, provides:
No permit for the erection of any building shall be
issued unless a street or highway giving access to such
proposed structure has been duly placed on the official
map or plan, or if there be no official map or plan,
unless such street or highway is (a) an existing
state.county or town highway, or (b) a street shown upon
a plat approved by the planning board as provided in
sections two hundred seventy-six and two hundred
seventy-seven of this article, as in effect as the time
such plat was approved, or (c) a street on a plat duly
filed and recorded in the office of the county clerk or
register prior to the appointment of such planning board
and the grant to such board of the power to approve
plats.
It is asserted that this section was violated because
Young's Marina "does not have any frontage on a public road or
highway or on a road on an improved plot" and that "the only access
to the subject property is by a 16-foot wide right of way over 1,740
feet in length which access to the property out to New York State
R0ute2~l."
The only defense to this assertion set forth by the
,'espondent, Board of Trustees, is that it is one of the petitioners',
([c,nry Weismann and Frank Flynn, claims which are not within the
jurisdiction of the respondent, Board of Trustees.
The Court concludes that the issuance of the subject
wetlands permit pursuant to Chapter 97 of the Southold Town Code was
not issued in violation of section 280-a of the Town Law. The
factors considered by the respondent, Board of Trustecs, in
~onnection with the issuance of a wetlands permit are not the same as
tho'> factors to be considered with respect to the issuance of a
l>ullding permit and it is in regard to the issuance of a building
I>ermi t that. the requirements of Town Law section 280-a must be taken
into consideration. <:k.e.~, Brous v. Srni1h. 304 N.Y. 164.)
With respect. to t.he seventh assert.ed ground for vacating the
respondent's, Board of Trustees. issuance of the subject wetlands
I>c'rmi t. is that the respondent, Board of Trustees. improperly approved
I,},e expanslon of a non-conforming Use.
>/"
~,.,
-
,
"
,'~
~ '5~
,.
!'\'""'
')
~ "'
.:\
,
\
-
,
.,.....
~
..
..
.. ,
,
-:v
\.l.
,~
~. '..~..
,,'~';'\~L \."{,_ l- v ~ -.-
.
,;{ ~ . (IV-,( ,I"'-H""''' " W
C I
.F'^G~. 7 - WEISMANN V. BREDE.ER
INDEX NO. 8~11
Aside from the fact that the Court agrees with the
re8Pondent's, Board of Trustees, contention that this is not
within their jurisdiction (the Court having noted above that
questions are for the Board of Appeals and not for the Board
Trustees), as previously indicated the subject area has been
and the use may no longer be a non-conforming one.
an issue
zoning
of
rezoned
~ ,..._.~ As an eighth ground for seeking to have the wetlands permit
--1.J-:/~;;!'\cated the petitioners, Henry Weismann and Frank Flynn, assert that \
'tlthe respondent, Board/".pf~l'>tees, failed to comply with the
~. provisions of sectiort 97-28 6f the Southold Town Code. Pursuant to
Y this section the resi\-onili:.n.t,.( Board of Trustees, may issue a wetlands
permit only if it determines that the applications approved would not
have any of nine specifically enumerated effects such as, for
',xample, that it would not "[c]ause damage from erosion, turbidity or
Giltation" or "[a]dversely affect fish, shellfish or other beneficial
marine organisams (sic), aquatic wildlife and vegetation or the
Ii" tural habi tat thereof."
~
'"
"
;,
.
I
I
/
I
The Court agrees that the respondent, Board of Trustees,
failed to comply with mandate of section 97-28 of the Southold Town
Code. In the absence of a reasoned statement demonstrating: 1) that
t,he respondent, Board of Trustees, has considered each of the listed
,;riteria and, 2) that the determination that such standard would not
be violated by the contemplated operation is factually supportable,
it is not possible to determine whether the respondent, Board of
Trustees, has properly taken account of the standards which it was
mandated to consider, Accordingly, the Court concludes that this
matter must also be remanded to the respondent, Board of Trustees,
for its failure to provide a reasoned statement indicating that it
has reflected upon the criteria set forth in section 97-28 of the
~outhold Town Code. Such reasoned statement must include the factual
basis for the respondent's, Board of Trustees, conclusion that the
11].:.proved operation will not have the adverse effects which it is
requ i red to cons ider. {CL.... 2 Anderson, New York Zoning Law and
Practice, third edition, section 24.25 (regarding the requirement of
" l30ard of Appeals to make findings relative to the standards im;ose'Y'
I,y the ordinance when considering a special permit application). y
The ninth and final ground raised for vacating the sUbJect'\
>lc-tlands permit is the contention that the respondent, Board of
Trustees, ignored the advice of other agencies in granting.~he
GubJect wetlands permit. I---::;:-----:-/..~-------.... -''';~- I
~h' . v..........t......-t r:._LJ.,..,""''''.r:~''''''''''~l~':'q ,
This does not state an adequate ground for reversal of the
l'espondent's, Board of Trustees, action, First, it is for the
l'espondent, Board of Trustees, to make a determination with respect
to the issuance of the wetlands permit and, therefore, merely because'
another agency disagrees with its conclusion does not establish that
the respondent, Board of Trustees, acted improperly. Moreover, since
the Court has herein determined that the matter must be remanded to
the respondent, Board of Trustees, for a reasoned statement in
support of issuance of the subject wetlands permit (both with respect
to SEQRA and section 97-28 of the Southold Town Code) it would be
premature at this stage to review the question of l~hether there is
I' ~
~c ..\C
\.;-
"
if.. ",'"
~ ,\ ,:-'
.. '\'
,
,c,
t ,.... \\
,."'\
~ ,.
~n
\;
"
';,v
.
(~1'I..'-J '
"" ,
J..~ V
... \"
"
/ ;;-
,
'.'
~.
Cl
,
.
f
.
i
,
/
/
/
PAGE 8 - WEISMANN V. BREDElYER
INDEX NO.
8t4911
inad~quate factual support in the record to support the respondent's,
Board of Trustees, issuance of the subject wetlands permit. It is
not for the Court to substitute its judgment for that of the
respondent, Board of Trustees, but only to insure that the
respondent, Board of Trustees, has acted in accordance with the
procedural mandates of the Southold Town Code and that it does not
undertake to act in a manner which is irrational, arbitrary and
capricious, or totally unsupportable by the record.
\ ~-
I 1
\ .....1
~Jp.
I
/
I
/
/
Accordingly, on the grounds set forth above the petitioners,
Henry Weissman and Frank Flynn, are entitled to a judgment vacating
the subject wetlands permit and remanding this matter to the
respondent, Board of Trustees, for action consistent with this
opinion.
Set.tle judgment.
~,G:~~
J.S.C.
~
. .
New York State Department of Environmental Conservation
Building 40-SUNY, Stony Brook, New York 11790-2356
Bureau of Shellfisheries
751-6381
..
~
~
Thomas C. Jorling
Commissioner
11 September 1991
Mr. Bruce Anderson
Environmental Consultant
475 Rambler Road
Southold, New York 11971
Dear Mr. Anderson:
Your letter dated August la, 1991 concerning Brick Cove Marina
was forwarded to my office. I monitor water quality and sanitary
conditions of shellfish .lands in the Towns of Southold and Shelter
Island and I am already familiar with the shellfish closure in Sage
Pond.
Currently Sage Pond is seasonally certified. The area is
closed to shellfish harvesting from May 15 through October 31. The
closure went into effect in June 1989. It was established in Sage
Pond because of the presence of an active marina capable of
servicing boats which can accommodate people living onboard. The
purpose of the closure is to prevent the harvest of shellfish from
an area which may receive fresh fecal contamination from mal-ine
toilets.
I have reviewed the dilution analysis enclosed with your
letter. Most of the assumptions upon which the analysis was based
are reasonable and in accordance with the recommendations in the
Food and Drug Administration's guideline. However, there are
specific assumptions which may have to be changed in order to more
closely follow the FDA guideline.
The FDA requires that a minimum loading factor of ten percent
be assumed in a dilution analysis. In the analysis forwarded to me
a value of 2 was assumed for the number of boats capable of
polluting. When ten percent is assumed for the occupied boats
which may discharge the value in this particular instance will be
greater than 2.
The following equation was used in the analysis to determine
the total number of fecal coliform bacteria:
2 x 2 x 0.54 x 2 x 10' = 4.32 x 10'
An assumed value of 2 was used for the number of boats capable of
polluting, and further more the total number of boats was not
included in the equation. The following equation will more
accurately determine the total number of fecal coliforms. In this
.
.
equation I used the ten percent minimum loading factor and included
the total number of boats in the marina.
Q
(2 people/boat) x (10%) x (54%) x (95 total boats) x (2 x 10' FC/person/day)
= 20.5 X 10' fecal coliforms
The calculation is continued:
20.5 x 10' FC
Dilution volume required
=
14 FC
1000 ML
------- x --------
100 ML
liter
= 1. 5 x 10' liters
Average depth in marina
=
2 meters
1.5 x 10' liters
Closed area required
=
1000 liters
2 meters x ------------
cubic meter
= 7.5 x 10' square meters
= 8.1 x 10' squal-e feet
= 18.6 acres
The radius of a half
circle closure encompassing
18.6 acres
= (2/rr x 8.1 x 10')'
= 718 feet
This is a larger area than the area calculated in the analysis you
sent. In fact, it exceeds includes the total area of Sage Pond by
four acres. The applicant's conclusion that shellfish harvesting
could be considered immediately outside the marina during summer
months is not in the best interests of public health.
The cun-ent closure in Sage Pond, which includes the pond and
all tributaries, is adequate to dilute any discharge. Restrooms
and showers are available to marina patrons. This fact should
decrease the potential for boaters to use their marine toilets or
empty their hOlding tanks into the pond. Tidal flow flushes the
area of the marina, but the narrow inlet limits the amount of
flushing with each tide, and hence limits any contamination of
adjacent waters. Howevei, if more pollution sources are found in
Sage Pond which can impact water qual i ty ai' threaten publ ic heal th,
.
.
the Bureau of shellfisheries would consider expanding the current
closure.
The applicant's proposals are commendable and should be
instituted, however, enforcement can be difficult to implement.
Total compliance by all marina patrons is not easy to maintain 24
hours a day, seven days a week, all summer. The minimum ten
percent loading factor is used to protect public health should
there be less than full enforcement or accidental discharges. In
the interests of public health, a shellfish closure which can
adequately dilute any marine toilet discharge must be established
and maintained in the waters surrounding active marinas.
The values used in the above analysis and in the analysis
submitted by the applicant reflect marina use prior to the marina
expansion. Once the marina has expanded, and the total number of
boats increases the required closure area will also increase. The
applicant may wish to conduct a dilution analysis for the proposed
expansion which will reflect the increase in the number of boats to
be docked at the marina. This analysis should indicate how much
more area may need to be closed in the future. It may be possible
to reduce the size of the closure area outside the marina if people
were prohibited from staying onboard their boats.
I hope this information will be helpful to you in examining
the applicant's permit. If I can be of further assistance, please
feel free to contact my office.
Sincerely, J . .
/11~LL<i ~i:ilL(iL iA-
Maureen Davidson
Marine Resources Specialist
cc: John Bredemeyer, President, Southold Town Board of Trustees
Enclosure
"
, .
.
.
D:18-044
TOWN OF SOUTIIOLD
Page 1 of 4
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
BUREAU OF SHELLFISHERIES
STONY BROOK, NEW YORK 11790-2356
NOTICE TO ALL SIIELLFISIl IlARVESTERS
NOTICE OF CONDITION OF ALL SIlELLFISIl LANDS LOCATED WIlIIIN OR ADJACENT TO
TilE TOWN OF SOUTIIOLD, SUFFOLK COUNTY, STATE OF NEW YORK.
Excerpted from Part 41 of Title 6 of the Official Compilation of Codes, ,
Rules and Regulations of the State of New York.
The following is a statement of sanitary condition of shellfish lands in
the State of New York. Notice of changes in classification will be sent
to baymen by mail as and when they may occur. Whenever used in this Part
41 of Title 6 NYCRR:
(a) The term "mile" refers to statute mile;
(b) The term "monument" refers to a permanent post or marker ,
placed on or near the shore by the Environmental Conservation
Department to serve as a landmark in establishing the lines of
closure.
Section 41.3 Shellfish Lands in Suffolk County
Subdivision (a) The shellfish lands in Suffolk County, except those
listed in subdivision (b) are in such sanitary condition that shellfish
thereon may be taken for use as food, and such lands are designated as
certified areas.
Subdivision (b) The following shellfish lands in Suffolk County are
in such sanitary condition that shellfish thereon shall not be taken
for use as food and such lands are designated as uncertified areas:
7. Town of Southold
(i) Long Island Sound. All that area within a one-half mile radius
of the sewer outfall located at latitude forty-one degrees, six
minutes and thirty seconds and longitude seventy-two degrees,
twenty-three minutes and nine seconds and serving the Greenport
Sewage Treatment Plant. Such outfall is located five hundred
feet offshore of the westernmost rock jetty on the Village of
Greenport Property southwest of Inlet Point and approximately
five hundred feet easterly of the shoal marked "Parker Rock"
on NOAA Nautical Chart No. 12358.
(ii) Greenport Ilarbor
(al All that area, including tributaries, lying northerly and
westerly of a line extending northeasterly from the north-
easternmost corner of the Long Island Railroad Dock (located
at the Greenport Railroad Station, local names, local landmarks)
to the southwestern end of the large dock serving the Greenport
Yacht and Shipbuilding Company (located at the southern
foot of Carpenter Street, local names, local landmarks).
(bl All that area, including tributaries, lying northerly and
westerly of a line extending northeasterly from the white
painted flagpole (located at the eastern foot of Central
Avenue on the property of the Stirling Cove Condominiums,
local names, local landmarks) to the northwesternmost end
of the wooden bulkhead protecting the shoreline at the
eastern entrance to Stirling Basin off of Sandy Beach Lane,
local names, local landmarks.
r'~~'----'-
---,----...-.-----
(iii) Cutchogue Harbor
(a) Schoolhouse Creek. All that area including Schoolhouse
Creek (local name) being the creek located northerly of
Orchard Street (local name) in New Suffolk, lying west
of a line extending northerly from the eastern end of the
rock jetty which projects off the shoreline immediately
south of the creek (local landmark) to the eastern end
of the dock which projects off the shoreline immediately
north of the creek (local landmark).
(b) Broadwater Cove. During the period May 15 through October 31,
all that area of Broadwater Cove lying west of a line extending
southerly from the southeast corner of the house located at
8000 Skunk Lane (local name) to the opposite shore.
(c) Wickham Creek. During the period May 15 through October 31,
all that area of Wickham Creek and tributaries lying ,outheast
of a line extending southwesterly from the southwest 'corner of
the house located at 2600 West Creek .Avenue (local name) to
the opposite shoreline and west of a line extending southwest
from the eastern end of the bulkhead at the foot of West Road
(local name) to the opposite shoreline.
(d) East Creek. All that area of East Creek and tributaries
lying west of a line extending southeasterly from the
southernmost end of Little Neck Road to the northernmost
tip of land on the western shore of the inlet west of
Fishermens Beach (local names, local landmarks).
(iv) r1attituck Inlet and Mattituck Creek. All that area including
tributaries, lying southerly and easterly of a line extending
northeasterly from the northern end of the rock jetty protecting
the western side of the entrance to Mattituck Inlet (local land-
mark) to the northern end of the rock jetty protecting the eastern
side of the entrance to Mattituck Inlet (local landmark).
(v) Shelter Island Sound.
(a) All that area lying north and east of a line extending
northwesterly from the westernmost tip of the ferry dock at
Shelter Island to the southernmost tip of Fanning Point at
Greenport, and south and west of a line extending northwesterly
from the easternmost tip of Chequit Point (local name)
at Shelter Island to the easternmost tip of the Long Island
Railroad deck at Greenport Station (local name).
Page 2 of 4
(b) Sage Pond. During the period May 15 through October 31, all
that area within Sage Pond (local name) and all tributaries.
(c) During the periOd of May 15th through October 31st, all
that area of Budd's Pond (local name) including tributaries.
NOTE: All reference points. except local names or local
landmarks. in the Town of Southold. with the
exception of Fishers Island Sound. are taken
from NOAA Nautical Chart No. 12358. 14th Ed..
dated July 10. 1982.
(vi) Fishers Island Sound.
(a) All that area within one mile of the shore of Fishers Island
between the northeasternmost tip of the point on the western
side of the entrance to Hay Harbor and the westernmost tip
of Race Point, and including all of .Silver Eel Pond.
(b) West Harbor. During the periOd May 15 through October 31. both
dates inclusive. all that area of West Harbor lying southwest of
a line extending southeasterly from the northeasternmost point
of the seawall protecting the shore along Central Avenue (said
point is approximately 500 feet northeast of the Mobil marine
fuel dock) to the southwesternmost point, exposed at mean high
water, of The Peninsula at the entrance of Pirates Cove (local
names, local landmarks 1.
- .... '\..
(vi i)
(vi i i)
(ix)
(x)
(xi)
~
.
Page 3 of 4
NOTE: All reference points in Fishers Island Sound in
the Town of Southold taken from NOAA Nautical
Chart No. 13214 22nd Ed., dated August 31, 1985.
Hashamomuck Pond and Mill Creek. All that area including
tributaries, lying northerly and easterly of a line extending
westerly from the STACK (said staff is a brick "chimney" located
on the shoreline of Southo1d Bay near the eastern entrance to Mill
Creek and southerly of Goldsmith's Boat Shop, local landmark) to
the radio tower (located on the roof of the Port of Egypt Fishing
Station, local landmark, local name).
Goldsmith Inlet. During the period April 1 through December 14
(both dates inclusive), all that area of Goldsmith Inlet, including
tributaries and the entrance "canal".
Gull Pond. During the period April 1 through December 14 (both
dates inclusive), all that area of Gull Pond, including tributaries
lying northerly and northwesterly of a line extending northeasterly
from the southeastern end of the wood bulkhead-jetty protecting
the southwestern side of the entrance to Gull Pond to the
southeastern end of the wood bulkhead-jetty protecting the
northeastern side of the entrance to Gull Pond (local landmarks).
Plum Gut. All that area of Plum Gut, Plum Gut Harbor and
tributaries lying northerly and easterly of a line extending
westerly from the southernmost point of land exposed at mean
high water at Pine Point to buoy RB C (said buoy is located
near Midway Shoal and was reidentified by the U.S. Coast
Guard in 1985 as "MS" BR) and thence continuing northerly
to F1 7~ sec 75 ft 21M SIREN.
Great Peconic Bay.
(a) All that area of Brushes Creek, including tributaries
and the entrance canal.
(b) During the period April 1 through December 14, both
dates inclusive, all that area of James Creek, including
tributaries and the entrance canal.
(xii) Southo1d Bay.
(a) During the period May 15 through October 31, both dates
inclusive, all boat basins and canals between the eastern
shore of the mouth of Goose Creek and Paradise Point.
(b) Jockey Creek. During the period May 15 through October 31,
both dates inclusive, all that area of Jockey Creek lying
west of a line extending northerly from the easternmost
point of the bu1kheaded shoreline at the Southo1d Marine
Center (local name, local landmark) to the easternmost
corner of the house located on the opposite shore at
610 Jockey Creek Drive.
(c) Town Creek. During the period May 15 through October 31,
all that area of Town Creek lying north and east of
a line extending northwesterly from the southwest tip
of the southernmost dock of the Goldsmith's Boat Shop
(said dock is approximately 100 feet west of the southern
end of Terry Lane) to the southwest tip of the bulkhead
extension at the westernmost property of the Goldsmith's
Boat Shop adjacent to the shore.
(d) Jockey and Town Creeks. During the period April 15
December 31, both dates inclusive, all that area
of Jockey Creek, Town Creek and tributaries lying west
of a line extending southerly from the southern end
of Terry Road directly to the opposite shore (local
names, local landmarks).
,-------
Page 4 of 4
(xiii)
(e) Goose Creek. During the period April 15 through December 31,
both dates inclusive, all that area of Goose Creek lying
south and west of the Goose Creek Bridge (local landmark).
(f) Beixedon Creek. During the period April 15 through
December 31, both dates inclusive, all that area of
Beixedon Creek, basin and tributaries lying north and
west of a line connecting the easternmost ends of the
wooden jetties protecting the mouth of said creek and
basin (Beixedon Creek is a tributary of Southold Bay
and is located southwest of East Beixedon Road, local
names, local landmarks).
Orient Harbor.
I
I
I
I
(a) During the period May 15 through October 31, both dates
inclusive, all that area of Orient Harbor lying east of a
line extending northerly from the tip of the northwesternmost
dock of the Orient Yacht Club to the northernmost corner of
the bulkhead at the shoreline at the foot of the Harbor River
Road.
(b) Hallocks Bay. During the period May 15 through October 31,
both dates inclusive, all that area of Hallocks Bay including
and adjacent to the Narrow River Marina and lying west of
a line extending south from the foot of the ramp off the
dirt parking lot on Narrow River Road to wooden pole painted
orange located on the shore of the NYSDEC Restricted Area
on the opposite shore.
(xiv) Gardiners Bay. During the period May 15 through October 31,
both dates inclusive, all that area of Gardiners Bay within the
Orient by the Sea boat basin.
Thomas C. Jorling
Commissioner of Environmental
Conservation
,
BY:
Pieter VanVolkenburgh
Chief, Bureau of Shellfisheries
Dated: Stony Brook, New York
January 1, 1991
STATE LAW PROHIBITS THE TAKING OF SHELLFISH FROM THE UNCERTIFIED AREAS OF THE
SHELLFISH LANDS AND WATERS OF THE STATE.
If you have questions or if you intend to harvest shellfish from the lands
of any town other than that in which you claim residency, call the Bureau
of Shellfisheries at (516) 751-7900 to obtain descriptions of uncertified
areas in that town.
--'- .; . -..' ',.-
.
.
FDA
Guideline
... ~__"'.'''~~'':J''.}.JI'' "~P\I..rt..,~_u"-. ..... .....-....."O-U~-;:z:... _............_".r....IX"..._~.J,;,A.:V...:'DoA-....&'L....~~ ...._.........._....",
Shellllsh SanitatIon Bran:::,
200 'C' Slreet S.W. (HFF-34J)
WashIngton. D.C. 20204
~r~w~_
---
EVALUATION OF MARINAS BY STATE SHELLFISH
SANITATION CONTROL OFFICIALS
'!be foll=L"B" guideline is provided to ensure the ~form application of the
National Shellfish Sanitation Prcqram (NSSP) criteria, as adopted by the
Interstate Shellfish Sanitation Conference (ISSC), for the evaluation ani
classification of shellfish grc:1.Vi.ng waters in ani around docks, =inas or
other J:ioat moorirq areas.
Bl\Cl<GOOUND
A =ina policy was developed at the August 1986 ISSC meeting (1). It was
reccqllized that a =ina in a shellfish grc:1.Virq area is a potential pollution
=, ani that a closure zone is required to prevent the harvest of
shellfish for human consumption in ani arourrl occupied marinas. The ~
of the policy was to establish a uniform national approach to developirq
=ina closures.
At the July 1988 ISSC meeting, approval was given to incorporate the =ina
policy into the definition ani grc:1.Virq area classification sections of the
NSSP lo'.anual. 'Ibis policy is r6U incorporated into the 1988 Revision of the
NSSP Manual of aoerations - Part I urrler Section C.9 (2).
GUIDELnlE
'!be folloNing definition is fram the 1988 revision of the NSSP Manu31 o~
Operations:
Marina: Any structure including d=ks, ramps, a.'"Xi floating d=ks
which is utilized for docking, storirq or otherwise m:xlring vessels,
and usually but not necessarily for providing se..--vices to vessels
such as repai.rirq, fuelirq, security, or other ro1?t.ed activities.
Guideline 1. 0
- 1 -
Jtme 1989
.
.
Eecau.se every -'lisd-.ar;.i E-,-,-,-.l a ;carine toilet has the potential to trcr..s::ti:
pathcge!".3, e.ve-ry W2.t.err.:r>.1t, (!:a->-ge, hCJU.Sebcat, or b:>at) pillJlic or p;:-h'3l:e,
that can prcx:luce a discharge fran a ll\3rine toilet shall be =nsidered "Iten
using this guideline to evaluate shellfish grcwing waters.
In view of the fact that many ll\3rina facilities are adjacent to shellfi.shin:J
areas, an:i that waste discl1.a.->-ges are :x>t unifonnly distributed in the water
=lUJ:1l'l, detection of 1= l,=,rels of colifonrs fram waste disc."..arges b: c.rrre.'1t
polluticn mnitori.~ :rethc-'..s =y not provide sufficient i."1formation T:C
properly classify the waters b or adjacent to 3. rrarL'1a. 'll:e high p.;clic
health risk associated .,Ji~'c. ~'1 di.sc.'1a.>-ge of untreated waste, requL.""2S ':r.at
ead1. marina am mcori.r.g area closure be considered separately.
'!he state Shellfish Control Authority (SSCA) will calculate the diluticn
volune necessary to reduce the theoretically derived wasteload of bacterial
in:iicators to a safe level, without "regard 'to levels'Clbserved 'by'nonitoring.
since marine toilets provide only limited or no treatment, ard the
environmental exposure time for the discharge is short, human waste discharges
from lxlats =ntain essentially unattenuated fecal bacteria ard viruses. For
this reason, discharges from ll\3rine toilets represent a greater public health
risk than other di.sc:harges of sanitary waste, am no =rre1ation of health
risk with iJrlicator densities observed by bacteriolcgical IOClnitoring can be
expected.
'!he NSSP Man"'" states that a classification other than apprOved'is required
for the area within a marina proper as well as for adjacent waters. 'Ihi.s
requ.:irerrent is based on'the pillJlic health requisite that waters receivirq
waste discharges from marine toilets are not suitable for the direct harvest
of shellfish destined for human consumption. section c, Paragraph 2.b
follCMS:
lib. A prohibited area shall be established as a safety zone adjacent
to ead1. sewage treatment plant outfall ard other waste discharoes."
(e:rrphasis added)
'!he NSSP Man11'" (section C, ParagI:aIil 9.b) also states that a dilution
analysis will be used for mak:i.ng =ina closure detenninations. '!he nUll'ber of
b:>ats in the marina ani the number of people on them will determine the
potential pollution .ilTIpact.
'!he per capita di.sc:harge of fecal coliforms, coupled with the population in
the marina, can be used to estilnate a closure zone. Closures for~o'f
PLvv:lSed llIarinaSshall be developed assurnirq 100% boat slipoo::uparlC'f, 'twO
persons per boat; am a 2 x 109 fecal coliform (Fe) contrib:.rtion per persotl
per day, unless actual ~ lIn:1 cl.ischarqe rates are dOCllll'eIlted by sutVey!!
conducted for irxlividual marinaS on a case by case baSisi' '!his documentation
shall be maintained as specified by the NSSP Manual Part I, Section c,
Paragraph 1.f, for reevaluation of sanitary survey information. Similarly,
any expansion, IOCldification, or change in the operation of the marina will
necessitate the reevaluation of the ll\3rina =.tpancY rate.
Guideline 1. 0
- 2 -
J\me 1989
. .
In determining the above loading rates, a minimum factor sha1ld be conside...>-ed
.. to provide protection against intentional or unintentional waste clischarges
from boats in the marina. Evtm it overboa.rl:1 discharges ara Prt'hibited, 'a
clOSl.lrl! zone- i!!l .~. am the SSCA should stiPJlate a miniInum loac:lin;J
factor of 10 percent (i.e. a minimum marina ~ rate).
The theoretical waste discharge based on the occ"pancy am discharge rate,
will be considered to be completely mixed in am aroun:i the marina. The
marina closure zone shall be cala.1lated to reduce the assumed bacterial lead
to a Fe value of 14 MIN per 100 mL, in the VOlUl11e of water in the vicinity of
the marina. If the results of hydrcxJraI=hic sb.xlies are used, the estimated
fecal coliform contril::.ution can be distrib.tted throughcm: the volume of water
calculated to flew by the site in 24 hOlL..'"S (3).
Harvesting of shellfish for controlled purification or relay shall not be
pennitted frem within the marina proper when boats are present. If the
shoreline survey properly assoc:<;es the other act:ual or potential pollution
sources, the area of the marina closure zone outside of the narina proper may
be classified restricted to pennit harvesting of shellfish for relay.
Harvesting of shellfish for controlled purification shall not be pennitted
from this zone. If boats are not present in certain seasons (as in SOII'e
geographical areas) the marina closure zone may be reclassified to pennit
opening to harvest for either clirect marketing, controlled p.u-ification, or
relay; but only if detailed studies have been conducted over sufficient
perio:ls of tirre to verify that the shellfish can ~e themse1.ves an::i do not
present a public health hazard.. Dlring such periods the SSCA shall doa..nnent
that the area meets the specific NSSP criteria for the classification allcwing
harvest.
APPLICATION OF NSSP CRITERIA
Factors which shall be considered in a<,;<,;o"'Sing the potential :i1rpact fran
marinas are:
1. Quantity of Waste The use of 2 x 109 for the theoretical fecal
coliform contriJ::m.ion per person per day has been accepted by the
ISSC. This value is generally recognized in scientific literature
(4) .
2. Number of People Contributinq Waste The quantity of waste
potentially originating in a marina depends on the number of people
who are present in the marina. The fewer boats that are fcurd to be
occupied, the smaller the expected :i1rpact frem the marina will be.
The Manual provides for establishing an CXX'l1pCll1Cy rate for each
marina. The =1f'MCY rate of the marina shall be dClCUllEllted by
act:ual obsel:vation of marina operations. Each marina shall be
considered separately. Three considerations shall be doc:urrented:
a. '!be number of boats with installed toilets in the marina having
the capability to discharge to the envirornnent during the clay
or night.
Guideline 1.0
- 3 -
J\me 1989
. .
b. The number of people on boani t..':e teats in the rrarina. '!his
inventory sOOll be taken durirg the EXp:!Cted high usage tirres
such as weeken::ls an:l. holidays. The inventory shall have
continuity so that chan:Jes in IXJPllation durirg the day or
night can be dccumented. Regional differences in boat usage
an:l. therefore, the pericx:l of high usa<;e will vary.
c. 'llie availability an:l. use of ~ facilities at the marina
(5) .
Wit:hcut the ab=e site S[::€Cific infonraticn, the NSSP requires that
two persons per boat be used for sizirg the closed area arourrl the
marina (2).
3. Dilution Hydrcgrarhic studies may be used to detenni.ne the water
volurre available for dilution an:l. limits of travel of discharges
from a marina. The area to be closed shall provide sufficient water
volurre for cala..1lations to show that theoretical cl.ischa1:ges fran the
marina are diluted to 14 fecal colifonns per 100 rnL of water (6).
In situations where there are 110 hydrographic studies, the closed
area is to be established on a volurretric basis as though the wastes
are =mpletely mixed an:l. uniformly distributed in an:l. arourrl the
marina. The closed area voluroo is based upon average water depth
an:l. shall be sufficient to dilute the assumed wasteload to a value
of 14 fecal coliforms per 100 rnL. - -
Guideline 1. 0
- .( -
June 1989
.
.
~ ~ONS.
. '!he following examples show how various factors are to be =nsidered in
clOGUre area determinations arourd marinas:
Case 1: No Dxurnentation of O<=lpancy or Discharge Rates.
Number of Boat 'Slips = 50
Number of People = 2 x 50 = 100
Number of Fe
=
100 x 2 x 109 = 200 x 109
Dilution Volume Required
200 x 109 Fe
=
14 Fe
100 rnL
x
1000 rnL
liter
V = 1.4 x 109 liters (5.0 x 107 cu ft)
Average Cepth in
Vicinity of Marina = 3 meters (10 ft)
9 liters
1. 4 x 10
Closed Area Required =
3 meters x 1000 liters
cubic meter
A = 4.7 x 105 square meters (5.0 x 106 sq ft)
Radius of Half circle
Closed Area = J 2/rr (4.7 x 105)
*
(for example)
R = 550 meters (1800 ft)
* Note: This example of . half cfrcle closure (typical for a marina on I
straight shoreline facing open water) represents the minim.l closur.
ar.. In an Id.aliled situation. In most states. unless closure buoys
are used, a speeific point to point closure encompassing a somewhat
larger area, would be required so that the marfna closure can be
effectively enforced. Actual volumes of other geometries such as narrow
waterways, coves or lagoons should be used to calculate the minimum
closure area for each site specific marina closure.
Guideline 1. 0
- 5 -
June 1989
Case 2: Boat Slip Oa::l.lFancy ~pulation, llo1din:J Tanks ard Lut Facilities
D:x:uIrented .
Number of Boat Slirs = 50
Slip 0ca.Ipancy -
Holiday Weekerrls = 40 (80%)
Boats with No Ho1din:J
Tanksr = 16 (16/40 = 40%)
Average People per
Boat = 1.5
Number of People = 1.5 x 40% x 80% x 50 = 24
NumberofFC = 24 x 2 x 109 = 48 x 109
Dilution Vo1urre 48 x 109 Fe
Required =
14 FC x 1000 mL
100 mL liter
V = 3.4 x 108 liters (1.2 x 107 ciJ. ft)
Average Depth in
Vicinity of Marina = 3 meters (10 ft)
8 liters
Closed Area Required 3.4 x 10
=
3 meters x 1000 liters
cubic meter
A = 1.1 x 105 square meters (1.2 x 106 sq ft)
Radius of Half ci=le J 2/rr
Closed Area ** = (1.1 x 105)
(for exanple)
R = 265 meters
(870 ft)
*
Pumpout facilities consistently used. Increase percentage if
otherwise.
** See Note for Case 1.
Guideline 1. 0
- 6 -
Jtme 1989
......I/.j .,lioJ)
Farrn~rl( C^~"
~f1II r~Tf DfPAIUMEN'T OF E~VIIlONMfN'TAl CON$ElV^.
TRANSMITTAL SLIP
RE:
~(/ rU
. /
FOR ACTiON AS INDICATED:
o Plea.. Handl.
:=J Prepor. Roply
o Propare Reply far
Signature
o Information
o Approval
o Propare final/draft in
o Commonts
o Signature
o Filo
o Return to me
o
o
copi..
.
.-,
rT> ,~
E 7'
....
~ &. iJ:' c: e '" ... ,.... ~ co ~ c: ,- 0 f. .', :l f. '':;'1 c:
~ iB ,'J C Q - CO OJ Q ".
" I CO ~, "- - ce, 0 " - - '.0
,J CO
0 f. '=' ::;, 0 <= i::' . . C:' t. '" :l
+'
L f'"J :~ -. r. ". I"" 0
C' t. t'J '" C '.0 f OJ '" C C ::: - "- c "' C ..,. - en C 0 C'J
" I ,~ co; " e ri - cr, e - c:: 0 ..,. ..,. .:;) C,
L ~ ...:
D- o;: c c 0 '" 0 '" C m '- '" :l ~,.J '" :l -
"
L Q) 0 ,,- 0 0 r. ~ 0 :l CO r~ C ~ 2J '" '" 1"",
:;: ..,. '~ g ... I-- ,.. e ::' r. - c ::;
I '" !::' 0 r, - '" ... m
1. ... ::J '" 0 C 0, 0 0',
.. r"'J !::' C - 0 0 :l C
...J
Ii: ..,. 8 .... c c c Q ,~ ::' ..- m '" '::i ,,\) "t ~ e, - C'. \.:l ,0 :l '::l :l r.
'- r:J m CJ ..- \.... '" ,r; - 0: 0 Ir' r- ~
Z , , -" :;)
- c' 0 '" - e, L' c' '- - c: =1 0 C
,"
Cl.
- ... "0 (f ,y, 0"> m ~"r"! ~, ,". r; - ",. -' ... ;r " 0- ... ,,. ".. ;r ... '", 0- ... 17, m
~ ..,. i-..J " ("'.J "; ..,. ,', rJ C".
.J '.'J ,....~ r, 'J t.: - rJ '"'1 rj '....~ ".J " ,~ J
~
I.;.
- ..,. m Om \'i~ ,"' ('r", " r'" ~ r;r ,.., "0 ':" .. ., ..,. 17 - ~. ... " "..... C
.
~. 0- 'er i'.~ ..,. .J . '" OJ e '" "
"" -J " 'J ~'J - ..- c, rJ
C ..-
I--
~
~o~o~woro~oooo~orooooocorororooooo
ro~~~~~~zoorn~~-~~Q~rn~~~~o~~~~~
~w~ww~ww-~ww~~w~w~w~~~ww~~ww~
~~~~~~~X~~,~~~~~~~:,~~~o=c----
l.. ~ a:. 00 CO '_.' ~ ~ a: ~ ':t f'J;) .. C;. ':0 C': 0':1 ':1:' .:r; f! ~, ]- r'J" !'J' C7I fT. I) C'" ,.
,..
w
~
a:
VI
-
:;;:
.l' WC' 'I' H', "- ~ .[' >J) ".. " Ln "- '" ." ..,. '.0 c:: r-. r,-, c, T. ,~ t. r. ~, -
+' ""j ("',J :;:, ,- 'J C' 0 0 - - - - "", ~' - :C' J - - - I~,j lJ r"
~ ...J ...J ~ e;: ;::: - ,-. t..' D- o: 5: 0: :;; ., '^ " ~. z :- ~ I-- r...;, Z ~ Q. "
-= ::J '" '" iJ.J '-' " w ~ 8: c. "'- c.. c.. =, -, - i'> ! " '" w '" ~ ~ -
~ -, or co '" 0; D (l: C[ c:: c: a: :i: i! J': Z >: ;:; 0 "" I: :t Ii:
-.j ,,", .,. If) .~ " '" 0' C - ., .,.. ..,. ., ':J '- C;, - 0 - CJ '" ..,. If) ,[} . 00
z ~ CJ -, CJ .. ,~ CJ Cj c, Cj
....
c::
>-
if,
.
.
.
HENDERSON AND 60DWELL COHiUUINO iNOINUIlI
.
.~.
-.-
~b. fo11oML_. '.'1. '..lc.,.. "CA ..11..,.. ,. ..,.
.. ,_. ..c,erlol.,L..l .".c .~.l"r ,. '_I IV'J.., ac..
-, lh. ..Y.5.D.E.C. I... ...1.... .., f.r .,.".. ,..."....
Toe., Colt(or. "'"'100.1
. ~ St,u:lon 1 St..tlan Z ",t.t.~tlo, i' Tide "hr.I}.
. ~ 41t.i -
1-1I-U ~~q .__.l 4 'w..'j k'llI .1111 l-ll - I..'.
':I......: \"'" "~:""::"'.-,, lea. - 0.4'.
l-)-U ) I I 1.. a-a - 0....
l-I).U J 1 I _Ld_ .. n'.
n...
.'.,.f.11 Cacol'd." ., .,,,..'S....tb.l. ,.11cI .,."...
.
I.c.' Collfor. "'H/l00.1
!.:.!.: '! 5 t. r 1 on 1 SU,tlon 2 Slar ton ) Tld. ..intall_
i - 1-27 1..'-
-
1-1I-" ,) 'I. I 4 1I'lb .1111 l-U - 0.41-
.,,,..,/...'........... -"
2-l-1O 1 I I 1.. a-a - O.J'-
.
l-Il-U ) 1 I .1.- .. Ul.
1180'
UltRa. thr.. ty,. "PM C..'_ ".,.ei.lo,lcl' ."'C
~~.l", ., . .'.'LOA a.. .OG'P,.~l. If ".~..,.. "'.1 ..'i.
r... "'HIIOO.I ,. 70 or 1... ~D' .. ..r. 'b.. 101,., III.
...pl.. ..ca.d ., 1.'.1 ..\,t.~. "'./100.' .f ~~O. ew if ,~.
..4L.n feCAl colle~e. "'1/100.L ,. ,. ee le.. .ad .. .or.
IhAI 101 of lhe ...pl.. .aeee4 . fec.' ..lll.c. .f .'M/l00a1
6r .,.
I.view of lb. .for....al.a.. Cata w.~l' 1141c.,.
"
'bet lb. bllh.r colLlora count. vice ."C'~M,.'l. ,. ow.cla.r
-11-
'.
3-56
.
.
HENDERSON AND saaWELL CONiULTING ~NGINU'"
\ .
,
;lo .
(U'{'~~UIr) t~".H.t"Ut'.. ,~. hU. 'In. ,. ,~. y'.,.ul..,
O!..t~.~'J.o.~. ~u..!.. L.nt ~ (e". ..J...., ,. a... tay., ~..~
, .
'o.!..tp'I!I.a...c....\. !'~'."" . ... ..'.'....,.dn....".:.:-.,
. l~5.'H.~oll.. H .ho~,. .'.1. .. ..u, "'''' U..'Hu,,~ f"'.llH
't~!!!.Hf".ht ''I' ,~" p.. ~t4 a.' "'" SIl...'" ",,,,,.... .l~.
U'l~.d. nUdit~Ht~ ..~""., ~. "."a. ."'Ur. ....~l'''~,,;
't..J.o~.!t..~.. '""~V~~~." .U ,......."..&..J~1f. 1If".L.
r.~o.~,~",!~t "~."~\l Du.'.. 'b. un ,a1f'" ....u.. ., .."
...1 JI... AD n..... ., ~ n...,. ...u ...u. ,. "". U.U...\.
.1c1n1t,_
~
.
COO..~'.I~OD' wttb .lrloYI .,.rt ...~.r. of tbl ..Y._
S.O.E.e. Ind'.I". 'hI' 'h. I.,..-s,... Sb"'f,.b ,......
h.. racoaG.nd.d lb., .11 ..rin.. ,. clv..4 \. .blllfL.hlDI
4urlna th. luaaer .onc_..
.'
1.
'-"
,
;j,
j,
-12-
;c~
f""
to'
.
3-57
,. . :;
~~:~,yy
}
e,;,
I
(
I
/
r<
.
.
HENDERSON AND BODWELL CON$ULTIHCI iNClINiiRI
.'.
;,;.
,J., C'1:- QU"'~11""f' ......M!'I'e _...-1.."f1o....."\.'....-{IO....
o..._~-p.t l"" r-, -"~C:"'''rrw'l....r('
~
NO,,:"1'\ri
....
o'
~
,
.'
; ,
I'
..
. '.
. ,
,
.
NQ"'f\!: I
......,..,~.. I.._.,.\o..~ ---M
_~~. "~4000-' · -
'f
'1
....
.: .
.'0.
. . ~: .
."0 . \ ~ ',-.' . .
,'. . ..
~~~"1' ....~
.~~ ""-
$.1lW ...
..~~1tfl."P
oil',
.....,.
~. .'. ~
.
, t,'
..
:c;' I
!.....
. l~..A
;..... It
ie, ..'
. . ~
'-
~
/
.1,
,
,
t,
I
.
.
".
..
. .,./: ..
. . .
....
':\.. ,",
. . t ".'
. .
. .
~.,.. '1
p' .' ;, . . ;...
, ..,
; :, , ..... , f
. " f
, '. ,,",
" '"
. . .,~. .~. , , "
.1- '..
III _, .
, .
./ .
:.. .'
" .
':.1
", . u "
. ". I .;.
. ,.
.'
"
=t'\lz; \..~O ..U"lf: - (..Q.- J.DIN~~~C'~_...l""'(...._...-:~~.~.:.:! .r-1.~
3-58
.
.
PliCONIC ASSOCIATES, INc.
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477-0030
Fax (516) 477-0198
September 20, 1991
Board of Town Trustees
Town of Southold
Town Hall
53095 Main Road/P. O. Box 728
Southold, NY 11971
SUBJECT: Request for boat waste pumpout data per B.
Anderson Letter of 9/18/1991.
Dear Members of the Board:
Per your request, Brick Cove Marina hereby states that, upon
completion of the expansion, it will accept boat wastes for
pumpout from Southold Shores Association boats or any other
outside boats that come to the Marina for that purpose. The
boat lift bert~ or a designated Marina work dock would be
available for that purpose.
The Town of Southold is in the process of upgrading the
Scavenger Waste Plant. Phase II of this upgrading is to
include additional facilities and equipment to more
effectively handle marina pump-out waste in anticipation of a
significant increase over that now being processed.
Sincerely,
PECONIC ASSOCIATES, INC.
cCp \,
Wiggin, P~.
cc: Mr. Bruce Anderson
Mr. Christopher Kuehn
Anthony Tohill, Esq.
Howard Zehner
.
.
RULES AND REGULATIONS
l.All boat owners must leave all keys and/or combinations to their boats with the Marina
management.
2.Boat owners shall notify the Marina if they plan to be absent from their slip for more
than one night. The Marina reserves the right to rent such slips for transient docking.
3.Boats for sale must be listed with the Marina on a non-exclusive basis, and the Marina
shall be entitled to normal brokerage commissions on the sale of any boat sold by the
Marina. No private IIfor saleH signs are permitted.
4.Boat owners shall not store supplies) materials, accessories or debris
shall not construct or place any lockers, chests) cabinets, steps,
structures on any dock, except with the prior written permission of
hoses, shore power cords, lines, etc. must be properly stowed off the
use. All water hoses must be fitted with a shut-off nozzle end.
on the docks and
ramps or similar
the Marina. All
docks when not in
S.All pets must be kept on a leash at all times, and owners must clean up after their
pets.
6.The use of yard electricity is at the sole risk of the boat owner and user, and the
Marina shall be exempt from any and all liability for any damage or injury to any person
or property caused by or as a result of the use of any electrical appliance. Shore power
cord(s) must be approved by the Marina. They shall not be plugged into any other outlet
than the one designated to the boat owner by the Marina.
l.All canopies, biminis, boat covers, loose gear lying on the boat, flapping windows or
doors must be secured by the boat owner. In the event of a storm or hurricane) the owner
is solely responsible for taking all emergency measures possible, and the Marina shall
not be responsible for the protection of the boat or for damages to the owner's boat or
other property. A fee will be charged if the Marina must secure any boats or items on
boats.
8.Any emergency services or repairs) such as re-tying or pumping out of boats will be
done at the sole discretion of the Marina, and the boat owner will be billed accordingly.
When necessary) the boat owner grants the Marina the right to operate his vessel) and no
liability shall arise from such use in the absence of the Marinars gross negligence.
9.Facility damage or any unsafe condition should be reported to the management
immediately.
10. The boat owner shall not permit any dangerous condi tions on or about the boat and
shall observe safety precautions requested by the management. The boat owner agrees not
to create any nuisance or unnecessary noise on or about the premises or in connection
with the boat. Each boat owner is responsible for the cleanliness of his slip area) and
will be billed if the Marina personnel has to clean up for him.
II.No open fires of any nature or paint-burning are permitted 1n the Marina. Barbecuing
is not permitted on the docks.
12.No swimming, sailing, fishing, crabbing, clamming, diving shall be permitted within the
limits of the Marina. The speed limit within the Marina basin and the Sage Inlet is headway
speed not to exceed five (5) knots.
13.No fish may be cleaned at the docks or placed in the Marina's garbage pails.
14.Absolutely
personnel and
no fueling
facilities.
of
boats
anywhere
within
the
Marina
except
uS1ng
Marina
lS.All work on boats is restricted to the owner and his immediate family. Any work that
will create dust, dirt or debris is expressly forbidden at the docks. Any work done by the
owner or his family is at his own risk. Equipment belonging to the Marina is not for use or
rent by the boat owners. The Marina can provide all service) maintenance and repair work.
Any outside labor will be arranged by and billed through the Marina.
fl'6)The Owner will assure that any Head on his boat is of approved design. No heads)
~~ergents, oils or gasoline may be discharged into the Marina area. In the event of an
accidental spill) the management of the Marina must be informed immediately. The Owner
will make every effort to cooperate with the recycling program at the Marina.
17.All service, maintenance or repair work must be paid in full before the boat 1S
released or launched. No work will proceed on boats with delinquent accounts and no boats
will be launched with outstanding bills. The Marina reserves the right to secure or haul
an owner1s vessel for his failure to meet obligations incurred for any service,
maintenance or repair work performed. Outstanding accounts) including dock rental) shall
accrue interest at the rate of 18% per annum.
r---------
B R I C K C 0 V E MAR I N A
Sage Boulevard, P.O. Box 4SS, Southold, NY 11971 (S16) 477-08]0
if'J-
1f1~
AGREEMENT, made between Brick Cove Marina (the "Marina") and the above described boat
owner(s) (the "Owner"), for the reservation of storage and/or dockage space for said boat
during the 1992 Summer Docking Season, subject to the Rules and Regulations printed on
the reverse side of this agreement.
l.Term: The Summer Docking Season at the Marina extends from April IS, 1992 until October
IS, 1992. Boats that have not been hauled by Oct. 15th, or that have not made arrangements
with the Marina for winter storage shall be charged a rate of $0.50/ft per day.
I
I
2.SLlP NO.
YEAR ROUND (Includes Winter Storage
YEAR ROUND (Includes Winter Storage
SUMMER ONLY
ON LAND ONLY From
TOTAL
DEPOS IT DUE
BALANCE DUE
199])
1992)
$
$
$
$
To
BY OCTOBER 1, 1991
BY APRIL 15, 1992
$
$
$
Additional items stored at the Marina (dinghies, winter covers, Jet skis etc.) will be
charged at the current Marina storage rate.
3.S1ip assignments: The Marina shall make all slip assignments (on a
first-servelt basis, as appropriate), and if situations dictate, reserves
change slip assignments. This Agreement is made for the above described
Owner may not sublease or assign the slip to any other boat owner.
4.Electricity: ]0 Amp Electric service will be provided to each
the basic rate. Additional electric service will be charged as
$12S; (ii) 1-50 amp at $125; (iii) 2-50 amp at $250. Marina
interruptions in electrical service, no matter what the cause.
"first-come,
the right to
boat only. The
slip and is included in
follows:(i) 1-]0 amp at
is not responsible for
5. Insurance: The Owner agrees to have his boat insured by complete marine coverage
including liability insurance, naming the Marina as an additional insured. Owner shall
supply the Marina with evidence of such insurance coverage on request.
6.Indemnification: This Agreement is for the use of dock space only. Such dockage space
shall be used at the sole risk of the owner. The Marina Rhall not be liable for the care,
maintenance or the protection of the boat, her gear, contents or equipment. The Marina
shall not be liable for personal injuries to. the owner, his guests, or members of his
crew or party resulting from the use of the dock space and the facilities of the Marina.
The Owner agrees to defend, indemnify and hold harmless the Marina, and its personnel,
from and against any and all liability to third persons claiming damages arising from
action, condition or event caused by or relating in any manner to the Owner or his boat.
7.Liens: The Marina shall have a lien against the above described boat, her appurtenances
and gear, for unpaid sums due hereunder and for damage caused to any docks, property or
person at the Marina. Said lien shall be in addition to and not limited to other lien
provisions or remedies under the laws of the State of New York.
8. Termination: On the occurance of any event of default the Marina may terminate the
Agreement immediately, upon giving notice to the Owner at the above address. Upon such
termination, the Owner shall be obligated forthwith to remove his boat from its space or
have it removed by the Marina at the Owner's sole risk and expense. The Owner shall be
responsible for damages, including reasonable attorney's fees, the Marina may suffer as a
result of the Owner's default, and, in addition, the Marina shall have such other and
further remedies and rights as may be available at law or in equity by reason of the
Owner's default. The termination of this Agreement shall not entitle the Owner to any
refund of mOllies paid to the Marion.
9.Default: EventR of default shall include the following: (i) failure of the Owner to
make timely payments; (ii) breach of any covenants or conditions of this Agreement; and
(iii) failure of the Owner to comply with the Rules and Regulations of the Marina.
UNDERSIGNED has read and understands the terms of this Agreement and the Rules and
Regulations, and agrees to fully comply with such terms. The undersgined hereby
authorizes the Marina to charge the Owner's Account for goods and services requested by
the owner or his Eamily.
Brick Cove Marina
Boat Owner
DATE
.
.
BRICK COVE MARINA
lNFORMATION FOR THE 1991 SEASON
Ice & Newspapers-
Please note that Newsday is av"il"hle on the Honor System. Drop money or
note to bill. through mail s1.at:. The same is true for ice. The attached slip of
paper has current ice box combination. Please keep confidentiaL
Electricity-
It. costs plenty and we plan to prorate for next year based on this
year's usage. Help us keep the cost down by:
1- Being sure all unnecessaLy equipment is off when you leave.
2- Being sure that your battery chargers are the. type that shut down
at full charge. This saves electricity and your batteries.
Water-
It. costs plenty also. Help us keep the cost down by:
1- Being sure you turn off the spigot at the pedestal before you
leave.
2- Having a spring-loaded nozzle on your hose.
3- Being sure your washers are in place and in good condition.
Tying Up-
Please review the way you tie up your boat when you leave.
1- Loose ends (not eyes) should be on the dock cleats.
This allows marina personnel to make adjustments when
necessaLy without boarding which can be difficult during stormy
conditions.
2- Be sure lines are in good condition and of adequate size.
3- It. takes 5 lines to properly tie up if you are on a finger.
One from boat to main dock
One from bow to finger
One from stern to finger
One from mid ship to finger forward. <spring)
One from mid ship to finger aft.(spring)
(See diagram below)
Please don't hesitate to ask for our assistance in getting this right. Even though we
do not affiume responsibility for the safety of your boat:, the marina crew tries very
hard to watch for problems that may arise and take corrective action to help protect
your mat.
~, ~
I. F//'JGER'------/I.
,
/~-
S \DE "BY
.
.
Insurance-
Please remember you have a contractual responsibility to have a
yacht insurance policy in force at all times while you are a Brick
Cove Marina customer. This policy covers any damage that occurs to
you or others when the !::oat is handled or stored in the Marina. Be
sure for everyone's sake that your policy is up to date and adequate.
Federal & State Regulations:
1- A SIGN ABOUT PLASTICS DISCHARGE:
There is a new regulation requiring that you display on l::oard a
sign detailing the laws regarding the discharge of
p1.astics and garbage over!::oard. There is a fine for not
having this sign displayed. We have a supply of these signs in
the store.
2- A SIGN ABOUT OIL DISCHARGE:
You must also have a sign in the engine area which states the law
about the discharge of oiL These signs are also av";l,,hle in the store.
To help assure that no oil is p.lmped over with bilge water we have a
supply of materials for sale in the store that won't aJ:sorb water but
will aJ:sorb oiL Placing these in your bilges and changing them
periodically will help assure our CREEK STAYS CLEAN.
3- US COAST GUARD SAFETY EQUIPMENT REQUIREMENTS:
The Coast Guard has been very active inspecting !::oats this spring
and issuing violations. In addition to the two signs mentioned
above it is a good idea to check your required safety equipment
list:
A- Make sure your flares have current dates.
B- That life preservers are readily available and in good condition.
C- That fire extinguishers are full.
D- That Day Flag is available.
E- That whistle and bell are aboard.
As a service we will be glad to review with you at no charge these requirements as
they pertain to your boat.
4- HEADS:
In local waters your head valves must be in the tank or treatment
position. This is especially true when you are in the marina. To
comply with our local permits to expand the marina all boats that
stay with us. next season will be required to have legal head
installations. We will offer an economical plan to bring your boat into
into compliance this winter if it does not already qualify.
The Marina does have the ability to p.lmp out holding tanks now and we will be
upgrading this equipment during the fall and winter.
.
.
5- RECYCLING:
A new local law requires that we begin to recyle
certain catagories of trash. We will set up a small center by
the trash dumpster for this purpose. ]t.ems to be separated
from your garbage are:
Newspaper (uncolored only)
Cans
Plastics (No Styrofoam)
Glass clear
Glass green
Glass brown
Your cooperation in this program will be greatly appreciated. Simply keep the
recy""'hlp items separate and place them in the recepticles provided.
'We have presented this information in a plastic envelope in the hope that you will
keep it with your ship; papers for easy reference. Thanks for your attention to these
items, and the whale crew at Brick Cove Marina stands ready to be of assistance in
making your boating season safe and fun.
.~.'<
~,~,.
- '''~''.' "',
.
.
>-;uc'"O
~Oi:nO
~ . . ~
.st:O?:,O
. 0 -< '"
~'TjO
CL.,.J ::l
>-~ p.
. . ..,..... .0 c. '0
"",:; -:-.'~.O:-.~'
'.' UJ '0-- 8.
~ 0.'
I ::l ;.
o ~
..- ~
0\ 0
'0
-i
->
How do I
displJy the
decals?
.';:.:1'.
g.
. .
.... ..... .
-_. -'-
~ Will I Renewal notices will not be
--.J re<<ive an mailed. It is your respcnsi.
~ -. 8utomatic':---./.bUitylopurdlaSCdecalse.ach
renewal -,~ - - calendar year. - . . . . ' .
notice next
year?
The deC.1ls must be secun:ly
alL1Cocd within 6 inches or
the location or the vessel
registration number, or
where such a number would
be localed ir n:quired (see
diagrams below). Do not
cover or rel0C3lC state
registration validation
stickers.
I
I,>.:.".
...~......
. --"-'-
',' .....
,_Z" -" .
. .
~<'2~34 PF l!l ::~~334 f)F@i:'
"
. .,
"'.
'::~L;;n.;'.::,:.:{
.:> -."
~.c:-::':.
.'
~
~
~
If I sell my
boat, are
the decals
transferable
to the new
owner?
How long
are lhe
decals good
for?
What in
ha ve more
questions?
Y 05. A cumnt xt or decals.
securely BllXhed to the
vcSscl, would inclic:!te thai
the.vessel is in compliance
with the law regardless of
whether or not the current
operator purc.iascd the
decals. The dec.als are not
lraJ1.Sferable from vessel to
vessel.
The l'e<.Teationa! vessel fee
decals are valid through
December 31 of the year for
which they are purchased.
If you need more information
about the Federal Recre.
atiooal Vessel Fee, call:
1.800.368.5647
~ ~ ..dUl
,
i.
I
I
",.,,-.-:.
,. '-'~ :
',",
:,~.
--''-';
""':.-,',.
~l't.C.&. ....
~ . d
Pt-- r)
,,^_:~~J 0
=:J
Who must
pay !he fee?
,
gA'~i~
, " - .:w
'lID
'J
Where do ,
the fees
, generally
apply?
The Omnibus Budget
Reconcillillion Act of 1m
requires owners of reae-,:
ationaJ boats longer lhan 16
feet op<:rdItd on certain ",
navigable U. S. WllIClS to pay
an annual fee. Owners of"
vessels covered by lhe law~
will be requited to display ii'
. . -~
va1id set of decals indicaung
the annual fee has been paid.
The fee will be in effect :'
'dwing lhe years 1991-1997: '
ir,r
1--"
, .~
· The tariloria1 seas of lbii.,
Unil.ed S=,~
· InCWlal WlltelSoflheJ;_, ,
U.S. subject to tidal innu- =" '
~ ,-
'. InCWlal waters oflhe ::::-
U. S. from which an :t
, individual C3Il travel (by ,lJ
connecting \\I3ters, canals, ~~
locks, ell:.) to tida1 waletS f
in a 16 fL powered vessel
(with a displacement hull)
dwing most of lhe boating
season.
· Catain designal.ed wat=
Lake of the Woods (MN)
Lake Roosevelt (W A)
Lake Tahoe (CA, NY)
Lake llivasau (AZ, CA)
area - Ihe Colorado
River bclween Parker
Dam and Davis Dam
@
ill!
~
@
How much is the fee?
Boats over 16 feel but less than 20 feel $25
Boats at Ieast20 feet but less than 27 feel $35
"BoalS at least TI feet but less than 4{) fed $50
BoalS 40 feet and greater $100
=:J
. Which
vessels are
fUll subject
to the fee?
· Vesstls 16 feet long.
· Vessels under 16 feeL
· Public Vessels.
· SajJboanls and 5e<lptanes.
· Maflually powered
vessels such as canoes,_
kayaks and row boats. .
, ... Foreign vessels operaled -
less than 30 days a calendar' -',
, year in lhe U. S. '
· Vessel tenders oc life
boats (Jess than 10 hp) foc
numbered or documented
vessels used only for
transportation between that
vessel and shore and for no
other PUl]JOse.
· Un powered barges or
house boats normally
moored or at anchor.
- Vessels owned by
charitable nooprofit organi.
zations specified by regula-
tion.
- Rescue vessels owned by
fll'C departments, etc.
To obuin further information
aboutlhese exemptions
plea.,e ",,11:
Phone in-
Using MasterCard or Visa,
call the foUowing toU free
number io place your orc!er:
,.1-800-848-2100 .:: 0',
' ,
:: Provideiequesl.ed informa- ,
, tion and the decaI(s) will be
, sent by return mail
=:=J How do I pay?
Write in -
Complete a recreational
vessel fee decal request
fonn (attached), include
a check 01' money order
or credit card account
number and mail it in.
-";"""-.
. .., -..
-,,- --.."'
.~ -- ..-.-...-....
_.=---:-;'."'c"
Walk in .
In the future, some retail
outlets in your area may
carry R YF decals.
Watch for posters,
What if I don't
display decals?
EJ [JiS .~ ~ .
Co "- ~
Co :>
- ""
0:: .,; ]
0 ;:i ~
u.. .9 . '
f-o u ;J
CI) :0
~ H
~ >-.
- H
"-
a b
~ '0 H
0:: ~ I; ~[
j;>
~ ~ ~ .
0 i.
U e .}
~ I; 5.
t:l -g s~ .t
(j i- t
_5 .
~ - is
i~ --
. ~ 0'" H
'" 10.: - U' ~ !! n
" ~ ~ ~ M '"
'" lj 3.1
" "
tJ < Ii :l ~ !. 8'1
'" e, .. p, ~l 5.
.. ~ ';. -0 z
:E ~ ~ . ,.
< Q "- .. r
z Bg 91 '3~ ~" .
... - ,lI 03 P ,1
~ I:; ~ "-:> tJ ~
U!l' In
:<2: 00 <"
I I - I I iU
oJ
<
f-
<'" g
~
... :>
> "
.,
e ,. I I I I
f-
f.ol ~
f.ol <
r.. :>
'"
.-l
f.. xxxx
U) k:..,..,., 08
U)
~ r: N M .., _ "" "
.. "" "" "'" "'" '"
- ~
.-l .::: 'i'
~ 0 ;:; ~
N ,., .!!
Z ~ oJ 0
0 ~ - "',., ~
I - ~ ... ~ ~< t
.... N ~c.: .
f-o r:: 9 5 ~
u J:
-( , (; .'l -5 -5 > ....<
~8 ?; .J a ;.0:' !
~ ~ ~ ~ ] !::O:c
~
.!! .!! ..,,~-( ..
U I :: - oJ ~ -= S , '-J 1
o ::; '- ]:/jO~
W '" ~ 60 0 1.:1:"': ~
-" [I>; ~ ;... ,...~ r< .,
..... -'
S!\l (~
~~
I' '" jl-
;. v '^
~ '-
'j 0", E
o ;:I .~
II. ~ .:t
\ ~
~ '-
i
~
~
~~
;z ~,
~~
<OIl
0~~
~ ~.
., ~
,. ..
~ -4>
~
':;;.=
"A
,t
~
~
~
~
...
t~
"-
N.
1,
~
...
f9-'
....
....
~ .~' .'
.:(
't
~
,
N
q
.:t:.
1:.
\'~
.
.
~"
i'
.
.
~,
"
'J',
:.;..~,,'- .
,f,O(
.
.
,,', .'
,
.t~:..,~
.~..' 't",
May 17. 1989
"
'fo 'IIIhQlll n MoLy Ooncern \
." Tho following information regardi~g the at:ltue of ahellfiah in the
~ll&. 1l&D1n ill offered (note that it ia not a oreek but a man-made basin)\
.
r
tp-rd
,
Olam Habitat - ~nY other areae in the Town of
P&st ~d atill offer much bettaI' olamming t~n
of theae a.re aa followal
Mill Qreek (Haahamomuck Pond)
(looulI Creek
Jockllv Oraak
Town Ona" "
PlItera ~eck (Orie~i)
,MoLttituok Inlet
Oorey Onek
Hllliock ~y (Oriuot)
Southold have in the
the So.ge llt4l1in. some
'.' .
i.,t
.
,.
\
,
.
.
Oluter Population - Thera ~a navel' been o.~ aye tel' populo.tion worthy of any
oo~eroial "ctivity in the So.ge Baein. Further. the few oyatera in thla
a.ruo. ~va been alimicated by the brown tide aa they ~ve in all other
&raau of Southold ToWn. This is aleo true of the only amall muesel
a.raa. in thu Sage ~ein.
soallop Habitat - The s~ge Baain ~a not balln a eignifica.~t ha.bita.t for
a~liops eince at iao..t 1970. Dredging for eco.llopa ho.s belln o.ttuwpted
on a. tew oooa.eione with ne~.tive reaulta. The Baein doea not ha.ve the
type bottom with eal gra.ae i~ which ecallope thrive.
\. '
~llKe
Baain to ba Reoolll:nendad da pdrt of a 'T.'!.S. Sig~iflcdnt Ho.bltllt Proi}ra.m .
It ill diffioult to oonceive of " l? aore ~n-~da ~ain oontll.ining ,
2 ~rina.e. and bordered by " conforwl~~ Boatya.rd. a large eubaivieion
(so.ll.l1old ;)horee) and aevaral privete nowee being ooneiderud '" N.Y.".
Signifioant Ht~bl.ta.t Raglon.
Tho liwitud qu"'ntl.ty of ehellfloh av~ilable anJ the contrale already
i~poeud by N.Y.S D.E.C. ",nd Southold Town Truetaee ~a further .oul.oido
ll.&all~.V' controle unneceelmry. bUl'daneowCl. a.nd ~robd.bly non-e'11'orCll...bio.
'1'1'.0 1'ol1ol.l.nl: oha11f'iahonr.an are very fillllill.ll.r with the Sage 1JIl.1Iin
f) _t JJl.d ."'IIJd';J WlUl ~IIU prov. louD to, I.
~J...~""(-l){''',c~ ,,"~\_~',JklLh!.f I'<,><l..."r N~,
:Jl,"~ I.n Ilon<!"'roh~ .s..vr.,...,r'::.:;;;3
, ;'07 4th at. 70...'"
(() o,;.~:~ot{5:~~dr~~~I-~J.J ft
. .L..I.t'1 L'.....j.d 'n.uk
,~"..] l;:.b 5\...
j;:P'?i/;;~6 (;~'j~7,,'X''-;r ~~\
. _ ),1. ~o 71'1/ Jo.TI"",J ,.I"'I.J \
.v.il II,; /,:."......-rv 7 ( .J,t\. ~</'7-Jlf (-tN."r Ne)
"
"
(
.
c
.)u\0
f.)~
\}'0
~. PECONIC ASSOCIATES. INc.
Environmental Planners & Consultants
One Bootleg Alley P.O. Box 672
Greeoport, New York 11944
(516) 477.()O30
Fax (516) 477'()198
October 15, 1991
Southold Town Planning Board
Southold Town Hall
53095 Main Road/P. O. Box 1179
Southold, NY 11971
00 ~r;~O\'IJ~ rn
OCT I 8 1991
SOUTHOLO TOWN
PlANNING BOARD
Dear Members of the Board:
SUBJECT: Brick Cove Marina/Young's Marina
S.C.T.M. # 1000-57-1-38.3
Reference is made to Article 78 Court decision of November
18, 1988 in which it was stated that "...the matter of the
site plan approval must be remanded to the respondent,
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 of September 26, 1991 the Southold Town Trustees as Lead
Agency has classified the proposed project as a Type I
Action, has conducted a coordinated review with all involved
agencies including the Southold Town Planning Board, has
rendered a Negative Declaration, and issued a Notice of
Determination of Non-Significance. (See attached.)
On September 12, 1988 the Southold Town Planning Board
approved the subject project's Site Plan subject to two (2)
conditions (see attached letter of September 15, 1988), both
of which have been addressed. Enclosed are copies of Brick
Cove Marina Site Plan S-l dated September 18, 1991. This
is a revised Site Plan submitted as a result of a
comprehensive review with the Town Trustees and their
Consultant. This plan is basically the same as that
previously submitted to the Planning Board with the
following specific revisions:
1. Relocation of Northernmost septic tank and leaching
system to a Board of Health approved location.
2. Boat wash down basin added and drainage line moved to
service same.
(
.
J
Southold Town Planning Board
October 15, 1991
Page 2
3. Marina water line back flow preventer.
4. Town established wetland line added.
Also enclosed is Parking and Drainage Plan dated October 15,
1991. This is the same plan previously submitted to the
Planning Board for Young's Marina dated March 23, 1988 with
the following specific revisions:
1. Existing sanitary leaching system including septic tank
relocated (Area 2) as previously requested.
2. Addition of clustered Red Cedars as previously
requested.
3. Added boat wash down basin and relocated catch basin to
service same.
4. Addition of back flow pre venter on marina water service
line.
Sincerely,
PECONIC ASSOCIATES, INC.
19~ff~M.E.
Enclosures as per text
cc: Mr. Howard Zehner
Anthony B. Tohill, Esq.
Christopher Kuehn
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
.
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 26, 1991
Howard Zehner
P. O. Box 250
Greenport, NY 11944
w
CC;' i C 1991
&, fnl/ry i
'i!!' 'I
'iI.!.'
.)'
,
J
@ @ ~ D \YJ
Re: Brick Cove Marina
Dear Mr. Zehner,
SOUTHOLD TOWN
PLANNING BOARD
Please be advised that the above referenced project was
classified as a Type I action by the Southold Board of
Trustees. In accordance with SEQRA, written coordination
with involved agencies was conducted for the purpose of
establishing Lead Agency. Upon receiving no objection from
other involved agencies, within the mandated time period,
the Southold Board of Trustees assumed Lead Agency status
and rendered a NEGATIVE DECLARATION. Enclosed please find a
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE which has been
sent to the Commissioner of the New York State Department of
Environmental Conservation, for publication in the
Environmental News Bulletin.
Sincerely,
Y-- ~J----
John Bredemeyer, President
Southold Board of Trustees
Enclosed: Notice of Non-Significance
.
.
TRUSTEES
John M. Bredemeyer,lII, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 27, 1991
RESOLUTION: BRICK COVE MARINA
Whereas, an application for wetlands permit was submitted by
Peconic Associates, Inc. on behalf of Southold Bay Associates
for an action known as Brick Cove Marina on July 29, 1991; and
Whereas, the application was deemed complete by the Southold
Board of Trustees on August 1, 1991; and
Whereas, the Southold Board of Trustees declared Lead Agency on
September 5, 1991; and
Whereas, an Environmental Assessment Form ("EAF") Part 2 and 3
were prepared; and
whereas, the Southo1d Board has familiarity with the site, the
proposed project; the impacts associated with the project, the
mitigation of those impacts and the importance of those impacts;
and
Whereas, the Southold Board of Trustees agree with the contents
and accuracy of the EAF Part 2 and 3; Now Be it
RESOLVED, that the Southold Board of Trustees hereby adopt the
complete packet of the Environmental Review of the matter of
peconic Associates on behalf of Southo1d Bay Associates for the
action known as Brick Cove Marina including EAF Part 2 and 3
and exhibits provided by the applicant.
.
.
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. TuthiIl
SUPERVISOR
SCaTI' L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town HaIl
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 27, 1991
RE: BRICK COVE MARINA
The following action was taken by the Southold Town Board of
Trustees at the Special meeting on Thursday, September 26, 1991;
Whereas, an application for wetlands permit was submitted by
Peconic Associates, Inc. on behalf of Southold Associates for an
action known as Brick Cove Marina on July 29, 1991; and
Whereas, the application was deemed complete by the Southold
Board of Trustees on August 1, 1991; and
Whereas, the project was classified as a Type 1 action pursuant
to SEQRA; and
Whereas, an Environmental Assessment Form ("EAF") Part 2 and 3
was prepared; and
Whereas, the Southold Board of Trustees conducted a review of
the information recorded in the EAF Part 1,2,3; and
Whereas, the magnitude and importance of each impact has been
considered and reasoned elaboration given, and
Whereas, the Southold Board of Trustees have considered all
criterion under Section 97-28 of the Town Code; Now be it
RESOLVED that the project known as Brick Cove Marina will not
result in any large and important impacts and, therefore will
not have a significant impact on the environment; and be it
further
RESOLVED, that a negative declaration shall be prepared and
filed with the New York State Department of Environmental
Conservation and all other involved agencies as provided for in
ECL Article 8 NYCRR Part 617.
Vote of the Board: All Ayes.
.
.
TRUSTEES
John M. Bredemeyer, m, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
<:..
Stale Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non.Significance
This no~ice is issued pu.'suant.to Part 617 of the implementing regulations pertaining to Article
8 (State EnVironmental Quality ReView Act) of the Environmental Conservation Law. .
The Southold Board of Trustees
. . as lead agency.
. has. determined that the pro~osed action described below will not have a significant effect on the
environment and a Draft EnVironmental Impact Statement will not be prepared.
Name of Action:
Brick Cove Marina
SEaR Status: Type I
Unlisted
.
D
.-
Conditioned Negative Declaration: DYes
.No
Description of Action:
Reason(s) in support of the Type I Action Classification:
Project was classified as a Type I action because of its
location in a Critical Environmental Area.
S. C. Tax Map No.: 1000-57-1-38.3
Improve, modernize and enlarge an existing marina to
138 slips. Dredge approximatel~ 2900 cubic yards of shoal
areas in and around marina to 6 below mean low water and
place resultant spoil on upland portions of the site.
Improvement to include a more efficient slip layout and the
addition of environmental improvements that include pump-out
station, interception of stormwater runoff, and landscaping.
.
.
Page 2
Reasons in support of the Negative Declaration: An EAF Part
1,2,3 is attached for your information and in support of the
negative declaration. All impacts associated with the project
as proposed were identified and analyzed. All impacts
identified as potentially large were reduced to small to
moderate as a result of mitigation. None of the impacts are
significant. No impacts were concluded to be important.
Location:
1670 Sage Road
Southold Town
Suffolk County
New York
For Further Information:
Contact Person:
John M. Bredemeyer, President
Address:
Board of Trustees
Town Hall
P.O. Box 1179
Southold, NY 11871
A copy of this notice has been sent to:
NYS Department of Environmental Conservation, Commissioner
NYS Department of Environmental Conservation, Regional Director
Town of Southold, Supervisor
Suffolk County Department of Health Services
NYS Department of State
US Army Corps of Engineers
Peconic Associates, Inc., Applicant, Brick Cove Marina
Town of Southold, Planning Board
Date of Determination: September 26, 1991
By order of the Southold Town Board of Trustees, John M.
Bredemeyer, III, President.
.
.
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Kropski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 27, 1991
RE: Brick Cove Marina
The following actions were taken by the Southo1d Town Board of
Trustees on Thursday, September 26, 1991 at the Special Meeting:
RESOLVED that the Southold Town Board of Trustees set Thursday,
October 17, 1991 at 7:00 p.m. for a Special meeting.
RESOLVED that the Southold Town Board of Trustees set Thursday,
October 17, 1991 at 7:05 p.m. for a public hearing in the matter
of the application of peconic Associates on behalf of Southold
Bay Associates for the action known as Brick Cove Marina.
.
.
NOTICE OF HEARINGS ON WETLAND APPLICATIONS
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL,
MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, OCTOBER 17, 1991, ON THE
FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISIONS OF THE WETLAND
ORDINANCE OF THE TOWN.
7:05 P.M. - Pursuant to NYCRR Part 617 and Article 8 of the ECL the
Southold Town Trustees as Lead Agency in the Type I action (Negative
Declaration of 9/26/91) set a public hearing in the matter of the
application of peconic Associates on behalf of Southold Bay
Associates for the action of known as Brick Cove Marina to improve,
modernize, and enlarge existing marina (138 slips). Improvement to
include a more efficient slip layout and the addition of
environmental improvements that include pump-out station,
interception of stormwater runoff, landscaping, dredging of
approximately 2900 cubic yards of material from the shoal areas and
the relocation of an existing septic system 100 feet landward of mean
high water.
ALL PERSONS INTERESTED IN SAID MATTERS SHOULD APPEAR AT THE TIME AND
PLACE ABOVE SPECIFIED AND WILL BE GIVEN AN OPPORTUNITY TO BE HEARD.
COMMENTS MAY BE SUBMITTED IN WRITING PRIOR TO THE HEARING.
Dated: September 27, 1991
John M. Bredemeyer, III, President
Board of Town Trustees
By: Jill Thorp, Clerk
------------------------------------------------------------------
PLEASE PUBLISH ONCE, THURSDAY, OCTOBER 3, 1991 AND FORWARD ONE
AFFIDAVIT OF PUBLICATION TO JOHN M. BREDEMEYER, III, PRESIDENT, BOARD
OF TRUSTEES, TOWN HALL, MAIN ROAD, SOUTHOLD, 11971.
Copies to: L.I. Traveler-Watchman, Suffolk Times, Town Clerk's
Bulletin Board.
~
~.
.1' 7 :C:J~ r1 t-1U..t W. C-,
"
.,
(
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1931
1 I J.-. .~..,.t... "''/I}..J q~~1
'">/1 .,,:,:,p " - /1 /.r~ II
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 following action was taken by the Southold 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 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 Glauca) planted 4 feet o.c., and a
series of clustered red cedars, betwe&n 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.) .
~>
~.
,~
.v'
~ lJ
~.
-.
.
If you have any questions, please do not hesitate to
contact this office.
BENNETT ORLOWSKI,JR.
CHAIRMAN
jt
~.
~\,."
'2-
.~....
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
.
SA BPi Ge;-
fS
is
(
(
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 6, 1991
On September 5, 1991 the Southo1d Town Trustees declared Lead
Agency in the matter of:
peconic Associates on behalf of Brick Cove Marina to improve,
modernize, and enlarge existing marina (138 slips). Improvement
to include a more efficient slip layout and the addition of
environmental improvements that include pump-out station,
interception of stormwater runoff, landscaping, dredging of
approximately 2900 cubic yards of material from the shoal areas
and the relocation of an existing septic system 100 feet
landward of mean high water.
The southold Town Trustees in continuing our review under
S.E.Q.R.A. will be taking comments on this proposal until
September 26, 1991.
W ~ @ ~ U W ~ ~r~..:.i
II
SEP -9" V:i
I
I
~
(
~..~fFOlK ~
L~..JI....'''~.''.' a~
tS ,<' .... ~
:::. '" ':..t.
Q I, . .
~'" ""'
~~;'~1 .' !
~o..( ~]r "f.~~
.
~f..E-
Pb
v$
TRUSTEES
John M, Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTI'L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 5, 1991
Whereas on September 5, 1991 Peconic Associates, Inc. on behalf
of southold Associates for the action known as Brick Cove Marina
has requested a waiver of the Town Wetlands Ordinance 97-21-J
empowering the Town Trustees to grant waivers; and
Whereas the applicant has received prior site plan approval for
a project similar to this proposal from the Planning Board; and
Whereas the applicant has indicated in writing their intention
to re-submit to the Planning Board for site plan approval.
Therefore be it Resolved that the Southold Town Board of
Trustees approve a 'waiver under Chapter 97-21-J pursuant to
Chapter 97-22 of the Town Code.
ID), ~~~~,":'\
~U\1,
,
to 10'Hll 1
iia!'!lll G BOARD - .,'
A.~q)~e..\- 1-Plt 10'1 U"CS\.."'L'\>~ vck Jr-
(
.
Telephone (516) 765-1892
Fax (516) 765-1823
#.~
"r ~
=> . ;...::
Q -
en ,'t: " ~
,~;;~ ...~!
,'1)./ 1.. ,\()
" .i;?A '._'{
~JJ}1Y
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SUPERVISOR
SCOTT L. HARRIS
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Resolution - Special Meeting
Southold Board of Trustees
Whereas, the Southold Board of Trustees accepted lead
agency status for the action known as Brick Cove Marina on
September 5, 1991, and
Whereas the State Environmental Quality Review Act
(SEQRA) provides that the lead agency shall determine the
significance of the action within 20 calender days of its
establishment as lead agency, or within 20 calender days of
its receipt of all information it may reasonably need to
make a determination, and
Whereas, other involved agencies have not submitted
information reasonably needed to determine the significance
of the proposed action, and
Whereas, the Trustees are able to convene on September
26, 1991 to determine the significance of the action; now be
it
Resolved, that the Southold Board of Trustees shall
convene in a special meeting on September 26, 1991 at 7:00
pm in Town Hall to determine the significance of the action
known as Brick Cove Marina in the absence of additional
information it may reasonably need to make such
determination; and be it further
Resolved, that notification of the special meeting be
published in the Town designated local papers, and be it
further
Resolved, that this resolution take effect immediately.
~ @._~ O.W l~..
~
SEP - 9 1991
SOUTHOLD TOWN
PLANNING BOARD
\\60\,\d.. <i-S_C\\ bt u~~~ VO\C-
.
.
property landward of ordinary High Water Mark (OHWM) subject
to the understanding that no waiver of the one foot (1')
requirement shall be made for lands lying below or beneath the
OHWM where sufficient soundings shall be made in (1') one foot
increments so as to give a clear indication as to the
bathymetry of the site.
Very truly yours,
j~ - ~J!L
John M. Bredemeyer, III
President, Board of Trustees
JMB:jmt
cc: Planning Board V
Bruce Anderson
C.A.C.
Anthony Tohill
- "...-----
j/j>
, -
J
;.i .'~ .', ',.
j/P'~UHDl.t' (;~
,/ ~~, t'o. ~,
'."~ - ~-"
/'1..;:, p~\(
,':::I -. '
,') Q ~
,:) en .
k"" "
)~, G? \:i~~,
" d_.. -",
'''~~70-l,lc
'-. ~.. .
-::7:7.-).'/;
T
PLANNING BOARD MEMBERS
Bennett Orlowski. Jr.. Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L Edwards
SCOTT L HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
Fax (516) 765-1823
MEMORANDUM
FROM:
John M. Bredemeyer, III, President
Board of Trustees
Bennett Orlowski, Jr., Chairman bDr(>') tI:s
Application for wetland permit from Trustees by:
Brick Cove Marina
Sage Road, Southold
SCTM ~ 1000-57-1-38.3
TO:
RE:
DATE:
September 5, 1991
This is in response to your office's August 6, 1991
memorandum requesting the Planning Board's comments on lead
agency for this project.
The Planning Board has no objection to the Southold Town
Trustees assuming lead agency in the permit application of
Peconic Associates Inc. on behalf of Brick Cove Marina. The
Planning Board will take part in the environmental review as a
involved agency, in accordance with the court's decisions and
the provisions of the State Environmental Quality Review Act.
The Planning Board will have to review a site plan that is
substantially similiar to the application that is now before
your Board.
.
(" 006Re-e
1'6 - ~
1/5-- 1'41->
SUPERVISOR;< /( - r:::y J ~
scan L. HARRIS
TRUSTEES
John M. Bredemeyer, m, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
LEAD AGENCY COORDINATION REQUEST
August 6, 1991
TO: Bennet Orlowski, Chairman
Southold Town Planning Board
Town of Southold
Town Hall
P. O. Box 1179
Southold, NY 11971
Hand Delivered
A permit application, survey
the Environmental Assessment Form
Trustees Office for your review.
The Southold Town Trustees are interested in your
agency's comments in acting as SEQRA Lead Agency for:
and a completed Part I of
are available in the
Brick Cove Marina
1670 Sage Road, Southold, Suffolk County, New York
AUG - 6 I'Qq.
Vvl
Description of Action: Improve, modernize, and enlarge
existing marina (138 slips). Improvement to include a more
efficient slip layout and the addition of environmental
improvements that include pump-out station, interception of
stormwater runoff, landscaping, dredging of approximately
2900 cubic yards of material from the shoal areas and the
relocation of an existing septic system 100 feet landward of
mean high water.
Please be aware that the Southold Planning Board has already
granted approval of the site plan for this project
(September 15, 1988). Project has been classified as Type I
pursuant to SEQRA,
Please contact John M. Bredemeyer, III, President, within 30
days and be advised that the Southold Town Trustees want to
assume lead agency. Please indicate your desire or
preference to serve as lead agency and include any comments/
reasons you may have regarding lead ag y sta
1Ir
--
M. Bredemeyer. III, President
~
.
June 25, 1991
MEMO TO FILE:
On this date I returned Merle Wiggin's call regarding whether
the site plan for Brick Cove Marina is still valid.
I read to Mr. Wiggin the March 7, 1991 memo from Mr.
Orlowski to Mr. Bredemeyer as instructed by Ms. Scopaz. I
further informed Mr. Wiggin that he should put any further
questions to the Planning Board in writing. ~
Robert G. Kassner
,
.iJvr,~
t.'J..,UttGlk .~
( ....\,~..., ~A ~
')~..' v&:
~'-':......;1"... " ~
a~" ,,'., , ~~'
'!::.;. .: ~
, ""~" ~
~~" '~f
' '10'[ c' ..;1l>,,;"
"~Y
. ~hc-e
/6
teK-
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
SCOTT L. HARRIS
Supervisor
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 1197]
Fax (516) 765-1823
Telephone (516) 765-1800
l'Iarch 8, 1991
Mer10n Wiggin
peconic Associates
One Bootleg Alley
P.O. Box 672
Greenport, NY 11944
MAR-8
RE: Brick Cove Marina
Dear Mr. Wiggin:
The following action was taken by the Southold Town Board of
Trustees on Thursday, March 7, 1991:
Whereas Chapter 97-22 permits issuance of waivers under 97-21-G,
Whereas peconic Associates on behalf of the Brick Cove Marina
have requested a waiver from the (1') one foot topographical
contours requirement of 97-21-G,
Whereas the wetland ordinance requirement for (1') one foot
contours pre-dates the ordinance extending jurisdiction into
the adjacent 75' upland of wetlands (adjacent zone),
Whereas (2') two foot contours of elevation are the ordinary and
usual accepted engineering standard for the adjacent zone by
most involved governmental agencies when reviewing planning,
wetland natural resources and zoning matters,
Whereas there is familiarity with the site among the Trustees
through prior inspections,
Whereas there are no steep slopes or unusual physical geographic
features known to the Trustees based on prior submissions in
(2') two foot contours;
therefore be it,
RESOLVED that the Southold Town Board of Trustees accept (2')
two foot contours in the matter of the application for Brick
Cove Marina by Peconic Associates, Inc. for that portion of the
.
.
property landward of ordinary High Water Mark (OHWM) subject
to the understanding that no waiver of the one foot (1')
requirement shall be made for lands lying below or beneath the
OHWM where sufficient soundings shall be made in (1') one foot
increments so as to give a clear indication as to the
bathymetry of the site.
Very truly yours,
jv#- - ~Z
John M. Bredemeyer, III
President, Board of Trustees
JMB: jmt
cc: Planning Board V
Bruce Anderson
C.A.C.
Anthony Tohill
(
(
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTI L. HARRIS
Supervisor
-~.I.
"
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
MEMORANDUM
FROM:
John M. Bredemeyer, III, President
Board of Trustees
Bennett Orlowski, Jr., Chairman o~.Qv.rv's
Brick Cove Marina
(formerly Young's Marina)
SCTM#1000-57-1-38.3
TO:
RE:
DATE:
March 7, 1991
There is some question as to whether the site plan for Brick
Cove Marina (formerly Young's Marina) is valid. First, there is
no signed site plan in the file. Second, the court negated the
Trustees' permit. Third, the zone on this property was changed
by the Town Board in 1989 when they adopted the Master Plan
Zoning Map. (The property was zoned "C" Light Industrial. It
is now zoned (Marine-II). The site plan has not been reviewed
for compliance with the new zoning district.
If the applicant submits a new application to your Board, or
this one, changes in the site plan may be required.
If I can be of further assistance, let me know.
~r~>~ ,- ~
j:!I:",,1.. _ $
..1. \
$...
Jii, . .'
.'h' \
I",.
. ~ ","
...... .,
:r~ ,f'-;
::,.;"
;', ~.. .
.- ~
:.'J'i.'
. 'l.
","
;:f!{
1.:1
-4~":"
11
'f
i'
I:' ..
i;
; ~ ..
'Jt
t~t"
;~\.~
;;:
:;
""'.'. .
;:~ .
:::&'
...J
~l}r
;tt .'
:t,)-
"'f;f.
d.
"J, .
;1:t~.,~'
f,J:
J:'{. ..
~~~.
t::1
;(i:
~,";l"~
.,.. ~r .
.':NJ'~
'l''';; {.
-.1 <
:'~"'.\'
j~.-'-,'1
~4":k, .,
!,'~;: .'.
: ,'~ .
:~~.:;
",.'-l"
~i~,'l
~~;
f
Gt'.;...,.";;;:4t..
:34 .,>;/L-E: ~ .
~ "
(Y\J(.OM'<'.lG..) Ld~;'
P6 ~
f-I:::... B(U.a:.
(I rtR-.
MJteJi<J,
J:;t.i$
.
.
F. rL r lynn
P.O. Box 144
Southold, N. Y. 11971
February 12, 1991
Commissioner Franklin E. White
Department of Transportation, State of New York
State Office Building Campus
1220 Washington ^venue
Albany, N.Y. 12232
Dear Commissioner Wh1te:
It is my understanding that the Town of Southold has sought
your department's assistance in eliminating a purportedly
dangerous cond1tion ",hich exists on State Route 25, to the
east of the highway overpass across the LIRR ROW at Ashamomuck.
It ~s noteworthy that the town has not called your attention
to what, in my opinion, is a far more dangerous condition
existing along the hi9hway in the Budd's Pond area, to the
west of the overpass.
I have taken the unusual action of writing to you directly
since I am of the opinion that an unhealthy, synergistic
relationship exists among certain property owners, town
officials, applicant's "conAultants" and the staff of your local
office. I hardly expect you to intervene personally, but I
believe this situation should be reviewed by an impartial
professional on your staff.
The Town of Southold, by deliberate action, has strip zoned
both sides of an approximately one-half mile stretch of Rte.
25 for marina use. At this location Rte. 25 is an uncontrolled,
curving, two lanq, 1ncreasinaly heavily traveled, high speed,
main east-west traffic artery for the town. There are no curbs
and curb cuts, sidewalks, delineated pedestrian crossways, etc.
As the result of this outrageously poor, and highly questionable
planning, and lack of foresight, noncontiguous, nonwaterfront
parcels on the northerly side of the highway are -used conjunctively
with those on the south side for combined marina operations.
The result is that the marina operators have effectively incor~
porated a State highway into their marina operations.
Consideration of the public's safety and welfare has been
ignored. Boats are transported back and forth across the
highway by travelift and forklift. Heavy equipment and materials
are also transported across the road. All with impunity.
.:iII;",,'"
( .7 ~
Signs are in the State ROW, a buildinq encroaches thereon
as do boats in storage.
A presently planned expansion project provides for an additional
150 plus boats in a marina on the south side to be served
by 110 parking places on a separate parcel on the north side
of the highway. The planned storage building places the
potential fire and explosion hazard of these stored boats in
direct proximity of a State highway. This sets the precedent
for the proliferation of such combined uses.
At least one person has been killed crossing the highway in
this vicinity and, unfortuni'ltely, particularly ~n the summer
season, the death of pedestrians crossing this highway is
not an uncommon affair.
Years ago, when I was a consultant to your department, I waS
the recipient of case studies wherein the State planned
underpasses under highways to facilitate the safe passage of
farm equipment from one field to another. Here a more egregiously
dangerous situation is approved by the town and~ apparently,
ignored by the State.
.j.;F:
~~
It
i'
Ii....
I
I-....~.~;..:'...-
~;.. ::~,
~.,. \
,~~; '.~
,.~}.
\1
:;:.~
With respect to my comment about synergistic relationships,
I call your attention to an EIS prepared for Young's Marina
located off a 16 ft. ROW at a point 1750+ ft. southerly of
the ROW's intersection with the southerly side of Rte. 25.
The point of intersection is approximately 150 ft. westerly
of an upward change of grade leading to the previously
described highway overpass.
This portion of the highway is also curving, uncontrolled, is
two lanes in width and is subject to the same heavy, high
speed traffic previously mentioned.
The traffic count for ~te. 25, submitted as part of the survey
in the EIS is outdated. The proposed daily trips, intersecting
with Rte. 25, was 2204. Peak traffic was projected at 183
trips per hour.
\"
Basic arithmetic indicates an average of 92 trips, or one every
39 seconds. l\t the peak hour, the projection was 133 trips,
or one every 19 seconds. These trips to intersect with
Rte. 25 under the conditions described!
:iT
~;:~
',;.
.
The projected traffic would be a mix of passenger and commercial
vehicles including large trailers transporting heavy boats.
I submit that it would be impossible for much of the traffic
to pass on the ROW. The probable effect on emergency vehicles
is obvious.
,,',
.,
: '
"
,';,;
While I understand that your department does not concern itself
with traffic on private ROWs, when this project comes up again
)~
; .. .~
,.'~'.<~."^,~",-"".'-"""~'.-'..~_.,.".~~-"."."."",.~~.,""~"""""""';'-""-"""":"'_"~,.__,""",".'F"""""'__"'"H""'~",.'''''~"'."'"",,:.,,",;-
.' .
,
t~~
l~,.
.f~
.;.....
{";t .
(.ii'
ff
}"';::
".
'"
!.:; ~,'
~6'
t,
I~'~.
,cIA':'
'')i
p;~.
11:
~
f>'.,
iJ;.
\.,..
~~-.
~
'"
~!:
~~
',~'
t~
~~;,:;,
'.f;! ,v.
1$'
i1'.'
"
i
I
I
l;f
~.
i.,
;g..
L
(
.
( 3)
for approval, the problem will be exacerbated by the recent
increases in the truck and load widths permitted on State
highways. These larqer vehicles could not possibly pass
on a 16 ft. ROW anQ would compound the problem at the
highway intersection.
Your local office approved the traffic study in the EIS.
Could this decision possibly have been influenced by the
fact that the engineer submitting the traffic study had
previously served your department as the superior of the
engineer who approved it on behalf of the department?
~ .
I assure you that tohers, as well as myself, cons1der the
existing situation a threat to public safety and welfare.
I trust your department will submit this entire matter to
further study.
Very truly yours,
F. M. Flynn
cc: Southold Town Board
Southold Town Attorney
Southold Town Planninq Ooard
Dr. Lee Koppelman .
Suffolk County Planning Department
North Fork Environmental Council
Southold 2000
The League of Women Voters
.~.~
PLANNING BOARD MEMBERS
Bennett Orlowski. Jr.. Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
."
SCOTI L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
MEMORANDUM
~. .,
TO:
Joh~ M. Bredemeyer, III, President
Board of Trustees
FROM:
Bennett Orlowski, Jr., Chairman ~;)
Brick Cove Marina ~.
(formerly Young's Marina)
SCTM # 1000-57-1-38.3
RE:
DATE:
February 8, 1991
A review of the site plan file shows that the Planning
Board passed a resolution approving the site plan subject to two
conditions. The resolution was passed on September 12, 1988. A
copy of it is attached.
-r~/~d--~'~~
~~d..~'
.
.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., 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 Roao
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
MEMORANDUM
TO:
Joh~ M. Bredemeyer, III, President
Board of Trustees
FROM:
Bennett Orlowski,
Jr., Chairman 60 /;.
~.
RE:
Brick Cove Marina
(formerly Young's Marina)
SCTM # 100b-57-1-38.3
DATE:
February 8, 1991
A review of the site plan file shows that the Planning
Board passed a resolution approving the site plan subject to two
conditions. The resolution was passed on September 12, 1988. A
copy of it is attached.
.-
j
.
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 following action was taken by the Southold 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 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 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.)
. .~;..
~.
~
(
If you have any questions, please do not hesitate to
contact this office.
BENNETT ORLOWSKI,JR.
CHAIRMAN
/
jt
~-~
....
.~
-_~____~~_'""","~U,'o,"__'o-m._~""_,~.v.,"""'""_,,_,,,,,~___~___""~.'"
~... "Il_-......_._.'..H.""'".wc
<! ..
.,
.
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 Jl,rainage area #4, 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
.
f
,J.
f
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. )-
":.--'"
.:,; -~
--"_,~~,_"~,~----=-"-=--"",,,""'._~'.."...,,......,~,~-~.-
....--
Sidney B. Bowne, P.E., loS.
(' 922-1959)
Chesler C Kelsey, P.E., loS.
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
'6'~g~
45 Manor Road
Smithtown, N.Y. 11787
(516) 724-0611
F
Roland Anders
Frank Capobianco
Roger L. Cocchi
FranclsJ. Lynch
Philip Schlotzhauer
Joseph F. SIegman
Paul F. Slevens
WilliamT. Slyne
Richard S. Weber
George A. Style. P.E.
Jerry D. Almon!, P.E.
George L. Fagan. Jr., Ph.D., P.E.
Thomas R. Pynchon. L.S.
April 6, 1988
Bennett Orlowski, Jr. Chairman
Southold Town Planning Board
53095 Main Road
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 r~arch 23, 1988.
24, 1988 have been
However, with reference to the location of the existing sanitary
leaching basin and its clese 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.,
O\~IN SON
UL E IN R
:J l0. .'!rl
R BERT W. BRmlN, L. S.
RWB:clg
00
.:q 'i.
OWN
PlANNING BOARD
MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER
An Equal Opportunity Employer M/FIH
- ./
PECONIC ASSOCIATES, INc.
Engineering, Marine & Energy Consultants
Environmental Planning
Gilt: Bu\llkb Alll:Y P.O. Bc..\ 672
Grccrlpurt. New Yurk I !l)4'~
(516) "/7,('03U
March 22, 1988
mowmm
Ms. Valerie Scopez
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, L. 1.
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 ASHTD
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.
. "..,",""','_..~,..,,~.,,>.,_.,.....,';~~..,-"..,,_..,._.,.,.""-~""""",-,;-"~"-,-",,,,,,,,,.,,,,,,,,_,,,;"',<,."'e<_""":""'.""""'M_,,,,,,~_".-o <<_.'",',,".....,".__ __ ,."_
(.
~
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.
/..--,) . ..- . --.
'.... C.. .c;-;;;
~Av.J:'~C-./ y~.. '
Merlon E. Wiggin,,~.E.
President
Enclosures: 3 Copies of Sheet 2 - Revision Date 03/21/88
cc: Mr. Howard Zehner
(J
.
Su.bnt-C
Pi!>
R..J::-../ ~~"f
vs
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SCOTT L. HARRIS
Supervisor
Telephone (516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 1197 I
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
Bennett Orlowski, Jr., Chairman
Planning Board
FROM:
John M. Bredemeyer, President
Board of Trustees
RE:
Brick Cove Marina (formerly Young's Marina)
DATE:
February 4, 1991
Recently the Trustees environmental consultants, Bruce Anderson,
requested available information on any Planning Board site plan
approvals for the above referenced application (1987-1988)
In addition to any Planning Board approvals, this Board would
also like any information on this project with respect to
approved drainage plans and calculations.
A meeting in the matter of this application is Scheduled for
7:00 p.m. on Friday, February 8, 1991 in Town Hall. This
meeting will commence a new S.E.Q.R.A. Review and revisit of the
application as mandated by a C.P.L.R. Article 78 proceeding
against the Town. We hope a member of your staff will attend
this meeting as we anticipate site plan approval and
coordination with your department will be necessary for this
project.
cc: Valerie Scopaz, Senior Planner
Bruce Anderson
I
.r
.
.
r
.'
,
"
.
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
SCOTT L. HARRIS
Supervisor
BOARD OF TOWN TRUSTEES
TOWN OF SOUTH OLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
AGENDA
SPECIAL MEETING
E'EBRUARY 8, 1991
FEB I 9 1991
CALL TO ORDER
Reading of notice of publication in papers.
PLEDGE OF ALLEGIANCE
1. Review of Bruce Anderson report of February 3, 1991.
2. Review of Bruce Anderson report of February 7, 1991.
3. Discussion of what constitutes complete application:
a. Discussion of potential waiver for I' contours
(97-21-G) to permit 2' contours based on approved drainage
as provided for in 97-21-J.
b. Discussion of need for survey by registered L.S. or
P.E., wetland line, all other items 97-21.
c. Discussion of requirement 97-21-J with respect to
Planning Board and Suffolk Health Department and
information necessary to determine jurisdiction or issue
97-21-1 Waiver.
4. Local and State Environmental Quality Review: additional
requirements/clarification of Long Environmental Assessment
forms (L.E.A.F.) from #2 above (if necessary).
.
.
~
5. Vote of the Board, if any with respect to approval of
Anderson reports, application/L.E.A.F.) needs waiver, future
meetings.
6. Discussion and vote on future Trustee meetings.
7. General discussion or other appropriate business/off agenda
items.
8. Motion to adjourn.
:
.' '.
"
-'--
i,~~
..,_...........'""'-,."........
.
.
~ 97-20
(
SOUTHOLD CODE
~ 97-21
ARTICLE II
Permits
~ 97-20. Permit required. [Amended 6-5-84 by L.L. No. 6-1984;
3-26-85 by L.L. No. 6-1985]
A. Permit required. Notwithstanding any prior course of con-
duct or permission granted. no person shall conduct opera- (
tions on any wetlands in the Town of Southold unless he shall
first obtain a written permit therefor issued by authority of
the Trustees as hereinafter provided and only while such
permit remains in effect.
v' B. Notwithstanding the provisions of Subsection A of this sec-
tion, the Trustees may, by resolution, waive the requirement
of a permit with respect to lands immediately adjacent to wet-
lands, as defined in Subsection A(3) or B(2) of the definition of
"wetlands" in ~ 97-13, if the Trustees find and determine that
no operations are proposed on such lands. or that the opera-
tions proposed thereon comply with the standards set forth in
~ 97-28 of this chapter,
~ 97.21. Application. [Amended 6.5.84 by L.L. No. 6.19841
A permit may be issued upon the written, verified application of
the person proposing to perform operations on wetlands. The
application shall be submitted to the Clerk in quadruplicate. Such
application shall contain the fOllowing information:
A. The name and address of the applicant and the source of
the applicant's right to perform such operations (e.g.,
whether applicant is the owner, lessee, licensee, contractor,
etc.). In all cases where the applicant is not the owner of
the premises where such operations are proposed to be
conducted, the consent of the owner, duly acknowledged,
must be attached to said application.
B. The purpose of the proposed operations.
C. The amount of material proposed to be removed or
deposited, and/or the type, size and location of any
proposed structure.
(
C'
9706
:!'!.-ICS
l.
".~\, ."".";',
..----
(
(
(
l
'"
.
.
S 97-21
WETLANDS
S 97-21
D. A description of the ares from which the removal or in
. which the deposit of material is proposed, or in which
structures are to be erected. The description shall be by
bearing end distence end shall be based on a local coor-
dinate system. The starting point of the description shall
be appropriately referenced to a permanent reference point
or monument.
E. The depth to which the removal or the deposit of material
is proposed throughout the ares of operations, and the
proposed angle of repose of all slopes. "
F. The manner in which the material will be removed or
deposited, or structures erected.
G. Such application shall be accompanied by a survey and
topographical map with contours at one-foot intervals,
showing the ares from which the removal or in which the
deposit of materials is proposed, or in which structures are
to be erected, certified by a registered land surveyor or
registered professional engineer, licensed by the State of p
New York. Such survey and topographical map shal1show
the soundings of the area in which operations are proposed
to be conducted. The horizontal control of said survey shall
be based on an approved local coordinate system. The
vertical control for elevations and soundings shall be based
on the United States Coast and Geodetic Survey datum.
H. A statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by resson of such
proposed operations.
I. A statement describing any known prior operations
conducted on the premises in question and whether any
prior licenses to permits have been issued to erect
structures or to dredge or deposit fill on said premises and
whether any such permits or licenses were ever revoked or
suspended by a governmental agency.
J. Documentary proof that all other necessary permits and
approvals have been obtained.
.'-
-
9707
12.25.M6
",-,'.~. __":"'''''<Ic.. '," "
----
.
",' -~':":".:,~"
': ._:.,.~.~:..' -.'
..;.-,.',
.
~ 97-22
SOUTHOLD CODE
~ 97-24
(
fi 97-22. Waiver of certain requirements [Amended 6-5-84 by L.L.
No. 6.1984J
The Trustees, upon request of the applicant for a permit, may
waive, in whole or in part, the provisions of Article II, ~ 97-21D
and G, where it finds that the nature of the proposed operations is
such that the requirements of such provisions are not necessary
for a proper consideration of a permit application.
fi 97.23. Fees. [Amended 11-15-83 by L.L. No. 13.1983; 6.5-84 by
L.L. No. 6-1984J
A. Every application for a permit filed with the Clerk shall be
accompanied by a filing fee of one hundred fifty dollars
($150.). no portion, of which shall be refundable. [Amended
11-18-86 by L.L. No. 15-1986J
(
B. In addition to the filing fee, the Trustees, upon the
adoption of a resolution authorizing the issuance of a
permit, shaH determine the amount of the inspection fees to
be paid by the applicant to the Clerk upon the issuance of a
permit, in accordance with ~ 97.25C hereof.
(
fi 97.24. Processing of application. [Amended 6.5.84 by L.L. No.
6.1984)
A. Investigation. Upon receipt of the application. the Clerk
shaH forward one (1) copy thereof to the Conservation
Advisory Council and one (11 copy to the Trustees. The
Conservation Advisory Council shaH review said ap.
plication and the effect, if any. on the wetlands and tidal
waters of the town that may result from the proposed
operations and shall, within twenty (20) days of receipt of
the same, forward its written report of findings and recom- C\
mendations with respect to such application to the
Trustees. If the Conservation Advisory Council shall ree. :
ommend that such application be disapproved, the reasons '
for such disapproval shall be set forth in such report.
9708
12.25-Hfj
-
~
. ~ ,,_-"_ w
. -- .~, . ..',- ..... ~ ,
~;'':'"~~ '..".
.
.
{
ENVIRONMENTAL QUALITY REVIEW
Chapter 44
ENVIRONMENTAL QUALITY REVIEW
r
~
~ 44.!.
~ 44.2.
~ 44.3.
~ 44-4.
~ 44.5.
~ 44.6.
~ 44.7.
~ 44.8.
~ 44.9.
~ 44.10.
Title.
Definitions.
(
Compliance required; exceptions.
Types of actions.
Filing of written statement by applicant.
Notice of receipt of complete application.
Time limit for written determination by agency.
Processing of proposed actions.
Preparation of draft environmental impact statement.
Notice of completion of draft environmental impact
statement.
~ 44.11. Processing of proposed actions not affecting environ.
ment.
~ 44.12. Preparation of final environmental impact statement.
~ 44.13. Notice of completion of final environmental impact
statement.
~ 44.14. Decision to approve or disapprove action; time limit.
~ 44.15. Required findings in written determination.
( ~ 44.16. Filing of copy of determination.
~ 44.17. Maintenance of files open to public inspection.
~ 44.18. Actions involving more than one agency.
~ 44.19. Exempt actions; modifications.
~ 44.20. Fee.
c
4401
j Z~.Ui
;
.
.
~ 44.5
SOUTHOLD CODE
~ 44.7
(
reasons why, in the applicant's view, a proposed action mayor
will not have a significant effect on the environment. If the action
involves an application, the statement shall be filed
simultaneously with the application io': the action. The statement
required herein shall be upon a form prescribed by the town and
shall contain such additional relevant information as may be
required. Such statement shall be accompanied by drawings,
sketches and maps, if any, together with any other relevant ex. (
plana tory material required by the town agency.
~ 44.6. Notice of receipt of complete application.
Upon receipt of a complete application and a statement, the
town agency shall cause a notice thereof to be posted on the Town
Clerk's signboard and may also cause such notice to be published
in the official town newspaper describing the nature of the
proposed action and stating that written views thereon of any
person shall be received by the town agency no later than a date
specified in such notice.
(
~ 44.7.
A.
Time limit for written determination by agency.
The town agency shall render a written determination on
such application within fifteen (15) days following receipt
of a complete application and statement; provided,
however. that such period may be extended by mutual
agreement of the applicant and the town agency. The
determination shall state whether such proposed action
mayor will not have a significant effect on the en.
vironment. The town agency may hold informal meetings
with the applicant and may meet with and consult any
other person for the purpose of aiding it in making a
determination on the application.
B. The time limitations provided herein shall be coordinated
with. to the extent practicable, other time limitations
provided by law, rule or regulation of the town.
t'
4404
-: 23.78
L
.... - .
~ .--'
'.
t:~~ .~,. .~- - ^~- .
(
(
l.'
.
.
(
9 44-8
ENVIRONMENTAL QUALITY REVIEW
~ 44-9
~
l
~ 44.8. Processing of proposed actions.
A. If the town agency determines that the proposed action
will not have a significant effect on the environment. the
town agency shail prepare. file and circulate such deter.
mination as required by Section 617.7Ib) of the Rules. and
thereafter the proposed action may be processed without
further regard to this chapter.
B. If the town agency determines that the proposed action
may have a significant effect on the environment. it shall
prepare, file and circulate such determination as required
by Section 617.7(b) of the Rules, and thereafter the
proposed action shall be reviewed and processed in ac-
cordance with the provisions of this chapter and the Rules.
~ 44.9. Preparation of draft environmental impact statement.
Following a determination that a proposed action may have a
significant effect on the environment. the town agency shall, in
accordance with the provisions of the Rules:
A. In the case of an action involving an applicant, im-
mediately notify the applicant of the determination and
request the applicant to prepare a draft environmental
impact statement.
B. In the case of an action not involving an applicant, prepare
or cause to be prepared a draft environmental impact
statement.
C. If the applicant decides not to submit a draft en.
vironmental impact statement, prepare or caUSe such
statement to be prepared or, in its discretion, notify the
applicant that, by reason of applicant's decision not to
submit such statement, his application is deemed to be
withdrawn and no further action will be taken thereon. The
town agency may require the applicant to submit a fee to
defray the expense of the preparation and/or review of such
statement.
4405
.. 2~. 78
,:.. --
.. '
--:.,,:.: "_':"-' ""-.:---',
(
(
co,
.
.
r
"
S 44-12 ENVlRONMENTAL QUALITY REVIEW S 44-15
(
~ 44.12. Preparation of final environmetal impact statement.
The town agency shall prepare or cause to be prepared or direct
the applicant to prepare the final environmental impact state.
ment. Such final environmental impact statement shall be pre-
pared within forty-five (45) days after the close of any hearing or
within sixty 1601 days after the filing of the draft environmental
impact statement. whichever last occurs. Notwithstanding the
foregoing, the town agency may extend such time when necessary
to adequately complete the statement or where problems iden.
tified with the proposed action require material reconsideration or
modification.
~ 44-13. Notice of completion of final environmental impact
statement.
A notice of completion of a final environmental impact
statement shall be prepared, filed and sent in the same manner as
provided in S 44-10 hereof and shall be sent to all persons to
whom the notice of completion of the draft environmental impact
statement was sent. Copies of the final environmental impact
statement shall be filed and made available for review in the
same manner as the draft environmental impact statement.
~ 44-14. Decision to approve or disapprove action; time limit.
No decision to carry out or approve an action which has been
the subject of a final environmental impact statement by a town
agency or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement.
Where the town agency has been lead agency for an action, it shall
make a decision whether or not to approve the action within thirty
(30) days of the filing of the final environmental impact
statement.
~ 44.15. Required findings in written determination.
When the town agency decides to carry out or approve an action
which may have a significant effect on the environment. it shall
make the following findings in a written determination:
4407
7 -25. i8
.,
..~~~-, ---~;~~ --~
.
.
( ~ 44-19 ENVIRONMENTAL QUALITY REVIEW ~ 44-21
(
L
{
(
agency detennines that the modification may have a significant
advel'lle effect on the environment. such modification shall be an
action subject to this chapter and 6 NYCRR 617.
6 44-20. Fee. [Amended 8-23-88 by 1..1.. No. 21-1988]
Where an action subject to this chapter involves an applicant, a fee
shall be paid to the town in accordance with 6 NYCRR 617.17. Where
the town must prepare a final environmental impact statement, the
fee charged to the applicant shall be the actual cost incurred by the
town.
I 44.21. When effective.
This chapter shall take effect immediately.
4409
11-25-88
'.Brtice Anderson
Environmental Consultant
(t
~eL-t-_~JL~ J./8Fr, f _.c,t"j ~u;:;
115 ~~ ( ;;;;
I!K~,w .$-,
February 7, 1991
Mr. John Bredemeyer, President
Southold Board of Trustees
Town Hall
P. O. Box 1179
Southold, NY 11971
Re: Brick Cove Marina
Dear Mr. Bredemeyer,
Attached is the report detailing a suggested
application procedure for the above referenced project. At
this point I am recommending an expanded application
including some analysis and narrative covering potential
environmental impacts associated with this type of project.
Also, I have included an excerpt from the National Shellfish
Sanitation Program Manual covering shellfish closures
surrounding marinas.
SincerelY/
~t!U~-A ~_~<<
'"Bruce Anderson
-------
FEB I 9 Iqg!
475 Rambler Road, Southold, NY 11971 (516) 765-4071
( ,
( -
.
.
Brick Cove Marina: Recommended Application Procedure
The following report is intended to provide for an
orderly processing of the wetlands application of Brick Cove
Marina pending before the Southold Board of Trustees. The
proposal of marina expansion at Brick Cove marina is
regarded as a Type 1 action pursuant to SEQRA because the
project action is located within a critical environmental
area (CEA) and because the extent of the dredging previously
proposed exceeds the 100 cubic yard criterion adopted by the
Southold Board of Trustees. Part 617.12 of SEQRA states
that the fact that a project has been listed as a Type I
action carries with it the presumption that it is likely to
have a significant effect on the environment and may
require an impact statement. The key word here is may. Thus
not all Type I actions require an impact statement. It is
for this reason that an expanded application including some
detailed narratives and analysis is recommended. Once the
expanded application is submitted for the Board's
consideration, the Board should be in a position to evaluate
said application as to whether an impact statement is
required for the action as proposed.
Components of the Application:
Application for a wetlands permit must follow
procedures described in SEQRA and additional procedures
outlined in Chapter 97 of the Town Code. Previous
application submission by the applicant is regarded as
incomplete for a number of reasons. Deficiencies in the
application were discovered in the application form itself,
the Environmental Assessment Form, Part I, the submitted
survey and site plan, and the failure to submit all other
necessary permits as required under Chapter 97 Section 21
Part J of the Town Code.
The following is a list of items that must be submitted
as part of a complete application.
1. A complete application form signed and notarized by the
applicant. It is suggested that if the applicant has chosen
an agent to act on his behalf, then a statement authorizing
the agent to do so also be submitted with the application.
The authorizing statement will also enable the agent for the
applicant to complete all other required paperwork as part
of the total application.
2. A complete Environmental Assessment Form (EAF, Part I).
It is the responsibility of the applicant to submit a
475 Rambler Road, Southold, NY 11971 (516) 765-4071
( ,
c_
I
,
complete and accurate EAF as part of the overall
application. There may be questions contained within the
EAF Form which do not pertain to the action as proposed.
Any questions which fall into this category should be marked
NA standing for not applicable.
3. The application must be accompanied with a survey
prepared by a New York State registered surveyor or a
registered professional engineer showing topography at one
foot contours, the area at which materials will be deposited
or removed, all existing and proposed structures.
Furthermore, the survey must show soundings of the area in
which operations are proposed to be conducted. These and
other survey requirements are stated in Chapter 97-21 (G) of
the Town Code.
Chapter 97-22 provides for a waiver of the survey
requirements. If the applicant wishes that provisions under
Article II 97-21D, G and J be waived in whole or in part, I
recommend that such request be submitted in writing and that
the Trustees consider such request responding back to the
applicant in writing.
The application must satisfy all other criterion as
outlined under Section 97-21 of the Town Code. Attached is
a copy of those requirements.
4. Chapter 44-5 of the Town Code (Environmental Quality
Review) provides for the requirement of filing of a written
statement by the applicant. This section reads as follows,
"For the purpose of assisting in the determination of
whether an action mayor will not have a significant effect
on the environment, applicants for permits or other
approvals shall file a written statement with the town
agency having jurisdiction setting forth, the name of the
applicant, the location of the real property affected, if
any, a description of the nature of- the proposed action and
the effect it may have on the environment. In addition, the
applicant may include a detailed statement of the reasons
why, in the applicant's view, the proposed action mayor
will not have a significant effect on the environment. If
the action involves an application, the statement shall be
filed simultaneously with the application for the action.
The statement required herein shall be upon a form
prescribed by the town and shall contain such additional
relevant information as may be required. Such statement
shall be accompanied by drawings, sketches and maps, if any,
together with any other relevant explanatory material
required by the town agency." Based upon this provision in
475 Rambler Road, Southold, NY 11971 (516) 765-4071
c_
c_
,
the Town Code I recommend that a narrative and accompanying
analysis be submitted by the applicant simultaneously with
the completed application.
Components of the Narrative and Analysis
An Expanded Environmental Assessment
The narrative and analysis for the project as proposed
must satisfy all requirements stated in Chapter 97 of the
Town Code. The applicant may also wish to describe the
benefits or positive aspects of the proposal particularly as
it concerns local economics, improved public access to the
waterways and safe navigation.
It is my opinion that the nature of the potential
environmental impacts governing projects of this type may be
divided into three general categories. They are: 1- The
construction and dredging proposed; 2- Overland runoff into
surface waters; and 3- The activities associated with
marina operation and use.
It is my understanding that construction activities are
limited to the realignment and expansion of docks and boat
slips and the refurbishing of rest room facilities for the
use of the boating patrons. Permits issued for the
realignment and expansion of the boat slips include
conditions for mitigation of environmental impacts. The
applicant may wish to discuss these conditions in terms of
the mitigation already required.
The applicant has already been granted various
approvals for the 2900 cubic feet of dredging. Permits
issued for the dredging have included conditions designed to
mitigate impacts to the waterways. The applicant may wish
to reiterate those conditions providing explanation as to
how said impacts are actually mitigated. Finally, the fate
of the material to be removed is germane to the question of
dredging impacts. The applicant may therefore wish to
discuss where this material will be deposited and how it
will be retained in its future location. The applicant
should state if he proposes to remove this material from the
site.
The concern of potential impacts resulting from
overland runoff is directly linked to the drainage
improvements as required in site plan approval. Mitigation
of these impacts may be explained by the applicant
referencing a site plan as approved by the Town Engineer and
the Planning Board. A second area of concern is related to
475 Rambler Road, Southold, NY 11971 (516) 765-4071
I
,
-
(~
the runoff impacts caused by the powerwashing of boat
bottoms. Modern marina designs have mitigated this impact
by constructing a concrete wash down platform having a
central drain. The size of the platforms are usually
determined by the size of the boats docked at the marina.
It therefore would seem appropriate to discuss the length
frequency of boats currently using the existing marina. A
catchment system resembling an septic ring with overflow
integrated into parking field drywells is becoming a typical
design feature in the mitigation of this type of runoff
impact. The applicant may wish to propose such a structure
submitting a sketch of the structure as well as a narrative
on how such a design actually mitigates this runoff impact.
The potential for direct discharge of boat wastes into
surface waters has received increasing attention from those
who regulate marinas. Obviously, the potential for direct
discharge depends upon the number of boats having holding
tanks which can be discharged. It is recommended that the
percentage of such vessels be extrapolated to include the
probable number of boats which could discharge boat wastes.
In doing so, it is possible to evaluate increased potential
for discharge after the marina has been expanded. I further
recommend that any and all slips provided for transient
boaters be assumed to have direct discharge capabilities.
It is my understanding that the applicant has proposed a
pumpout facility for its boater patrons. A discussion of
the disposal of collected pumpout wastes would therefore
seem appropriate.
Direct discharges of boat wastes has also received
increasing attention for those who regulate shellfishing.
It would seem appropriate to discuss exactly how productive
this and adjacent areas are in terms of shellfish. The
present water quality status for shellfishing should
likewise be stated.
The harvesting of tainted shellfish from this and
adjacent areas is regarded as a serious health threat
because clams and other shellfish are filter feeders. The
National Shellfish Sanitation Program Manual outlines
control of areas used as marinas. I have included a copy of
the section of the manual which pertains to shellfish
closures. I recommend that the applicant determine the
closure area around the marina as it exists today and
compare that to future closure boundaries resulting from the
expansion of the existing marina. In doing so, it will be
possible to evaluate the environmental significance of the
action as proposed.
475 Rambler Road, Southold, NY 11971 (516) 765-4071
( ~
(-
I
.
,
"
Section C
NSSP Manual - Part I
,. Control or Areu Used As A Marina
The suitability of some growing areas for harvesting shellfish will be impacted if the area
is used as a marina. The biological and chemical contamination associated with marina
facilities may be of public health significance. A prolubited, restricted, conditionally
restricted or conditionally approved classification of that area within the marina proper
is required. Similar classifications will be required if waters adjacent to the marina are
impacted. A dilution analysis will be used for J:l'IlI1M11g marina closure determinations.
J
,
'Ii
~
,
,
.
.
(
.
Sati~ Complu.-
TIaiI itnI wiD be pffA.. I....,. WMII:
I
i
L That area witbia . mariDa proper .. ... iJIed .. proIIibited, __b~ mdtio-ny
,_hktal, or cmaditicnlall1.pl"v,..d witla --.-.t to tile .... ....~ or .....n.t......
\
b. Waters adjllcat to . ..rma wIIida IIn bioI"'" 1M IIn "'_.d&ol .. proJubited, ,_&aided,
CDIIdi-ny __hJ.Jo.d or cmaditioa8DJ apprond. ~ ...i.l.. tile illapKt to adjaaat
_ten wiD be baed apoa . dDatio. aaaJ,ms for tile. mariDa wllidt bIcorporata tile
roDowinI -ptio-
L .. 0CCIIJIIIIIC7 rate or tile ....u..;
IL .. _~ rate or boats wIIicII wiD 16--.... _la_tell wute;
ilL .. 0CCIIJIIIIIC7 rate or two (2) pa_ pel' boaj;
.... a rate or diYh"-rge of 2ld0' read co1il'onas pel' pcIlIOII per dar,
T. wastes are COIDP1ctelJ JDiud ia aDd 1lI'OIIIIII tile ....u..;
TL c10sare is b8Scd oa . tIacoretical cak:aJatell fecal colirona or 14 MPN per
100 mI; aDd
~
TiL cIosare is baed oa tile wl_ or _fer ia tile 'ficiaitr or tile .-riaL
~'
1
Public Health Explanation
The biological and chemical contamination associated with marina facilities may result in
the loss of safe shellfish growing areas. The NSSP requirements for classifying shellfish
harvesting waters in and adjacent to marinas are intended to provide for uniform
application and responsible public health protection.
It is recognized that there are significant regional differences in all factors that affect
marina pollution loading. Sufficient fleXIbility must be allowed to account for these
differences. Therefore, the SSCA has the option of applying the above specified
.
"
,
C-28
July 1989
( ,
(~
NSSP Manual - Part I
Section C
occupancy and discharge rates necessary to conduct a dilution analysis, or they may
conduct studies to document different rates for specific areas. Best professional judgement
of qualified shellfish sanitarians and best technology available must be applied to
determine adequate restrictions on harvesting in and around ~arinas.
Other places where boats are moored or docked should be considered by the SSCA on
a case-by-casc basis with respect to sanitary sisnificance relative to actual or potential
contamination. '
It is implied that the SSCA will strive to develop the best available technology and apply
the best professional judgement in determining classifications around marinas. Research
is needed to improve the predicted pollution loading under different hydrographic
conditions, anfl to quantify the public health risks from microbial and chemical
contaminants cif consuming shellfish harvested in and around marinas. Scientific practices
for determinin~ additional closed areas beyond the marina proper and developing uniform
techniques for lestablishing closed areas based on such factors as dilution, dispersion, die-
off or residence time, hydrography, marina design, and marina usage are specific examples
of research needs.
,w
10. Systematic Random Samplinc
The SSCA will have the option to use a systematic random sampling and data analysis
strategy when classifying shellfish growing waters. States may continue to use the adverse
pollution condition sampling strategy (descnbed in Section C.1) if desired. The SSCA shall
commit itself to a systematic random sampling program by placing a random sampling plan
in the growing area central file before field sampling begins. A systematic random
sampling strategy however, can only be applied to shellfish growing waters that are not
impacted by yoint source pollution.
Satisfactory CompliaDce
T1ais itaD wiD be 5Iltislado., .Iaa:
.. TIle requiremeDts or puagraphs c.La, c.Lb, ucl c.t.c ue met ror esfablishiDg
tIIat lHlIy DODpoiJIt poDatioa soaras impKt die IJ'O'IriaI area.
b. Each samtar)' ~ slaaIl iDclude die coUectioa or 1J'O'IriaI- ..ter samples
aad their aaalysis ror bacteriological quality. The .amber aad Iocatloa or
_pliDg statioas selected sbouJd be adeqaate to produce the data - -..,. to
dl'ecth~1y eq)uate aU polat aad DOa-poiJIt poUutloa soun:a. It is ncollUllCllded
that sampliDg statioas be established to eq)uate aU lreslnrater cIiscbarges late the
pvwiuc area. TIle roUowiag sampliDg require_ts sllaU be laDy met:
July 1989
C-29
1 '"
<
<'
,-
"
,
(
~
,
t
FDA
Guideline
,...,
q/
Shellllsh Sanltallon Branch
200 'C' Street S.W. (HFF-344)
Washington. D.C. 20204
EVALUATION OF MARINAS BY STATE SHELLFISH '
SANITATION CONTROL OFFICIALS
'lhe follow:in3' guideline is provided to ensure the unifonn application of the
National Shellfish Sanitation Program (NSSP) criteria, as adopted by the
Interstate Shellfish Sanitation Conference (ISSC), for the evaluation and
classification of shellfish grow:in3' waters in and aroun:1 docks, marinas or
other boat m:xlr:in3' areas.
Jl1lCKGR)UND
A marina policy was developed at the August 1986 ISSC meet:in3' (1). It was
recognized that a marina in a shellfish grow:in3' area is a potential pollution
source, and that a closure zone is required to prevent the haIvest of
.w shellfish for hllIl'al1 COl'lSI.lllption in an:i aroun:1 occupied marinas. 'lhe p.JIpOSe
of the policy was to establish a unifonn national approach to ,develop:in3'
marina closures.
At the July 1988 ISSC meet:in3', approval was given to incorporate the marina
policy into the definition and grow:in3' area classification sections of the
NSSP Manual. '!his policy is n::M incorporated into the 1988 Revision of the
NSSP Manual of Operations - Part I un:ier Section C.9 (2).
GUIDELINE
'!he follow:in3' definition is fran the 1988 revision of the NSSP Manual of
Operations:
Marina: Any structure including docks, rcmps, and float:in3' docks
which is utilized for c1=king, stor:in3' or otherwise Ill:Xlr:in3' vessels,
and usually I::ut not ~e~>:,ily for provid:in3' services to vessels
such as repair:in3', fuel:in3', security, or other related activities.
Guideline 1.0
- 1 -
June 1989
.~. ....c... 'h,', .. '.;',.'~~ .,.... .:,.. ......,r......'.-~..n..~'.. \., ...." ." ': '''-'.';_' -or ":-'Y;- '_..:,.-...._~,;'... .. ..-:."..:........,...., .~.,.:".,......'........'t'....,~!"..r-~__~,.J.__.,."'."~.;.......~_~},..._......,."".,..:.
~
(
~
( ~
Because every discharge fran a marine toilet has the potential to transmit
pathogens, every water=aft, (barge, OOlSebnat, or boat) p.lblic or private,
that can produce a discharge fran a marine toilet shall be CXlflSidered "When
using this guideline to evaluate shellfish growi.rg waters.
In view of the fact that many marina facilities are adjacent to shellfishin;r
areas, ani that.waste discharges are not unifonnly distr:ib.tted in the water
column, detection of low levels of coliforms fran waste discharges by current
pollution rrc>ni.toring Jrethods may not provide sufficient infomation to
properly classify the waters in or adjacent to a marina. '!he high p.lblic
health risk associated with .!mY discharge of \mtreated waste, requires that
each marina ani IlCOrin;J area closure be considered separately.
'!he state Shellfish Control Authority (SSCA) will calOllate the dilution
volurre JleCe';'~"'ry to reduce the theoretically derived wasteload of bacterial
indicators to a safe level, without regard to levels observed by rrc>ni.toring.
since marine toilets provide only limited or no treatment, ani the
envirornnental exposure time for the discharge is short, human waste discharges
fran boats contain essentially unattenuated fecal bacteria and viruses. For
this reason, discharges fran marine toilets represent a greater p.lblic health
risk than other discharges of sanitary waste, ani no correlation of health
risk with indicator densities observed by bacteriological rrc>ni.toring can be
expected.
'!he NSSP Manual states that a classification other than approved is required
for the area within a marina proper as well as for adjacent waters. 'lhi.s
requirement is based on the p.lblic health requisite that waters receiving
waste discharges fran marine toilets are not suitable for the direct harvest
of shellfish destined for human COllSUI1ption. Section C, Paragrafi1 2.b
follows:
lib. A prohibited area shall be established as a safety zone adjacent
to each sewage treatment plant ootfall ani. other waste discharaes. II
;.. ." (eIIIlhasis added)
'!he NSSP Manual (Section C, Paragraph 9.b) also states that a dilution
analysis will be used for making marina closure determinations. '!he p11ri><;>t" of
boats in th$ marina ani the number of people on them will determine the
potential p6llution inpact.
'!he per capita discharge of fecal coliforms, coopled with the population in
the marina, can be used to estimate a closure zone. Closures for existing or
proposed marinas shall be develcped assumin;J 100% boat slip OCCI1p"racy, two
persons per boat, ani a 2 x 109 fecal colifonn (FC) contribution per person
per clay, unless act1la.l occupancy ani discharge rates are documented by surveys
corrlucted for individual marinas on a case by case basis. '!his documentation
shall be maintained as specified by the NSSP Manual Part I, Section c,
Paragraph 1.f, for reevaluation of sanitary survey infomation. Similarly,
any expansion, m:x:lification, or dlan;Je in the cpera.tion of the marina will
~~itate the reevaluation of the marina 0CCI1J?ClllCY rate.
Guideline 1.0
. - 2 -
June 1989
.'.-"~""",,."" -._'": ._~.:..~ ....,R, -;-.._.-:-;-_.__...... ,-~I;._,..._~..,_....,~,._ .':--..~"'" r>o....-:'~.".,.. .....7 ~..-;:",.,.....,.., ...-...:r~.~...r.-.....,......_:~..';__;r_......._~_<::'..-..--l_."'-"O:;~..__
\
~v .....
( -
(~
,
In detennin.i!'q the above load.in;J rates, a min.inum factor sha1ld be considered
to provide protection against intentional or unintentional waste di.sc:harges
fran boats in the marina. Even if overboard discharges are prchibited, a
closure zone is required ani the SSCA sha1ld stipulate a mini.m.Im ICladinJ
factor of 10 percent (Le. a m.inimJm marina ~1[""rx:y rate) .
'!he theoretical waSte discharge based on the OCCIlparx:y ani di.scharge rate,
will be consideXed to be cxmpletely mixed in ani arc:A.lIli the marina. '!he
marina closure zone shall be calculated to reduce the assumed bacterial load
to a Fe value of 14 Mal per 100 mI., in the volume of water in the vicinity of
the marina. If the results of hydrclgrapti.c stulles are used, the estimated
fecal coliform contrilirt:i.on can be distr.ib1ted t:hrooghcut the volune of water
calculated to flOW' by the site in 24 hours (3).
HarvestiIg of shellfish for controlled prrification or relay shall not be
permitted fran within the marina proper when boats are present. If the
shoreline survey properly as!:.,...~es the other actual or potential pollution
sources, the area of the marina closure zone outside of the marina proper may
be classified restricted to permit harvestiIg of shellfish for relay.
HarvestiIg of shellfish for controlled prrification shall not be. permitted
fran this zone. If boats are not present in certain """'''''''lS (as in-sane
geograIirical areas) the marina closure zone may be reclassified to permit
openin:J to harvest for either direct marketiIg, controlled prrification, or
relay; but only if detailed stu:ties have been oon:iucted over sufficient
periods of tiIre to verify that the shellfish can prrge themselves ani do not
present a public health hazard. D.JriIg such periods the SSCA shall document
that the area meets the specific NSSP criteria for the classification allOW'iIg
harvest.
APPLICM'ION OF NSSP CRI'l'ERIA
Factors which shall be considered in "e~()f1siIg the potential inpact fran
marinas are:
1. Quantity of waste '!he use of 2 x 109 for the theoretical fecal
coliform contribution per person per day has been accepted by the
!SSe. , '!his value is generally recognized in scientific literature
(4). \
I
2. Number of People Contributim Waste '!he quantity of waste
potentially originatiIg in a marina deperds on the rulIIIber of peq>le
who are present in the marina. '!he fewer boats that are fourrl to be
occupied, the smaller the eJq:lected inpact fran the marina will be.
'!he Manual provides for est:al:llishiIg an OC<"'1f'arx:y rate for each
marina. '!he OCC"lpanCy rate of the marina shall be documented by
actual d:lservation of marina operations. Each marina shall be
considered separately. 'Ihree considerations shall be documented:
a. '!he rn.nnber of boats with installed toilets in the marina haviIg
the capability to discharge to the environment duriIg the day
or night.
Guideline 1.0
June i989
- 3 -
: .
.-
(
~
(~
"
b. 'Ihe l'l\.IlWer of people on board tile boats in tile marina. '!his
inventory shall be taken duri.n:J tile eJCpeCted high usage times
such as weeken:ls am holidays. 'lhe inventory shall have
rontinuity so that cI'lan3'es in pcpllation duri.n:J tile day or
night can be documented. Regional differerx:es in boat usage
am therefore, tile pericxl of high usage will vary.
c. 'lhe aVailability am use of p.mp:ut facilities at tile marina
(5) .
without the above site specific infonnation, tile NSSP requires that
two persons per boat be usa:i for sizi.n:J the closed area aro.un the
marina (2).
3. Dilution HydrograIiJic studies may be usa:i to detennine tile water
vol\mlB available for dilution am limits of travel of discharges
fran a marina. 'lhe area to be closed shall provide sufficient water
vol\mlB for calculations to shCM that theoretk.. 1 discharges fran tile
marina are diluted to 14 fecal =lifoDllS per 100 mL of water (6).
In situations Mlere there are no h~c studies, tile closed
area is to be established on a vol\mlBtric basis as though tile wastes
are CCIllpletely mixed am uniformly distrib.rt:ed in am aro.un tile
marina. 'Ihe closed area vol\mlB is based upon average water depth
am shall be sufficient to dilute tile asstmlErl wasteload to a value
of 14 fecal =lifonns per 100 mL.
~~ .....
\
(
Guide.line 1.0 .
- << -
JuDe 1989
.' .;.....
.... .....
". ..... _ ., _ ~.', "'_ -. .,,;'~ .... ........_;.... .--.':t":..... :..,.:...:_.;..;:....~..._....:.......'._.._~.4,..,...-..:~.:~_-_......,'r.~.:-._.;....""!'~_~,~,..
(
~
(
~
ElmMPLE Cl\.LCllIATIONS
'!he follO\olin< exanples show hO\ol various factors are to be considered in
closure area determinations arcun:l marinas:
Case 1: No O:x::umeI'ltation of OCO'i"'ncy or Discharge Rates.
Nuni:ler of Boat Slips = 50
Number of People = 2 x 50 = 100
Number of Fe
=
100 x 2 x 109 = 200 x 109
200 x 109 Fe
Dilution Volume Required
=
14 Fe
100 mL
x
1000 mL
liter
-" .)
\"""" \L"~ _ I
t"~':' ,_'l..; I-
e Average Depth in
vicinity of Marina
v
= 1.4 x 109 liters (5.0 x 107 ell ft)
Closed Area Required
= 3 meters (10 ft)
9
1. 4 x 10
liters
=
3 meters x
1000 liters
cubic meter
A = 4.7 x 105 square meters (5.0 x 106 sq ft)
Radius of Half Circle
Closed Area
(for example)*
=
j 2/'Ir (4.7 x 105)
~w ..~n
\
I
R = 550 meters
(1800 ft)
* Note: This example of . half cfrcle closure (typical for I ..rfna on 8
Itrafght .horeline facing open water) r.pr...nt. the mini..t clolur.
.rea in an idealized situation. In most states, unless closure buoys
afe used, I specific point to point closure encomplsslng . lomewhlt
larger area, would be required so that the marina closure can be
.ffectively enforced. Actual volumes of other geo..tries such 8S narrow
waterways. coves or lagoons should be used to calculate the minlmu.
clolur. .re8 for each sfte specific .erine closuree
Guit'lA1;I\A 1.0
- 5 -
JuDe 1989
. ..........~_........ ......__.."'..___...._'.e__...._____...
-...-;,.;.
(
~
(
~
"
Case 2: Boat slip Clccl.1paI'q, Pcp.1lation, Holding Tanks and P\.mp::Ut Facilities
!)X:Ulrented.
Nunbar of Boat Slips = 50
slip <:lcJolf"'1'lCY -
HoHqa,yWeekends = 40 (80%)
Boats with No Holding
Tanksr = 16 (16/40 = 40%)
Average People per
Boat = 1.5
Number of People = 1.5 x 40% x 80% x 50 = 24
Number of Fe = 24 x 2 x 109 = 48 x 109
Dilution Volume 48 x 109 Fe
Required =
i 14 Fe x 1000 mL
100 mL liter
V = 3.4 x 108 liters (1.2 x 107 cu ft)
Average Depth in
Vicinity of Marina = 3 Jl'eters (10 ft)
8 liters
3.4 x 10
Closed Area Required =
3 Jl'eters x 1000 liters
cubic Jl'eter
;.. ;.. "."
:~ A = 1.1 x 105 square Jl'eters (1.2 x 106 sq ft)
Radius o! Half Circle j 2/."
CloEfed Area ** = (1.1 x 105)
(for exanple)
!
.,
R = 265 meters (870 ft)
p
*
Pumpout facilities consistently used. Increase percentage if
otherwi...
** S.. Note for Case 1.
GuideliDe 1.0
- Ii -
J'\me 1989
,.... -~-.,-" . ........
.. "-.,-
:..-...,,;_..:....'-.-.
';?".:' .' ....~';--';-.. . .-;.~-:; ,.- .~:--:'.'..:--~....'?'"':'"..":'i?'!.f:""':T~~""~~~,"!";-~.~:--.~.~~~j':j~<_
I...'
" .
.
~_ ."u
(
~
(
~
"
REFERENCES
1. Interstate Shellfish Sanitation Conference Marina Policy.
August 1986.
2. National Shellfish Sanitation Program Manual of Operations,
Part (. 1988 revision.
3. Department of Health and Human Servfces, ME Technical Services
Unit. 1986. Hydrographic Studies of the Great Salt Pond, Block
Island, Rhode Island.
4. Geldre;ch, Edw;n, et sl. 196Z. The distribution of Coliform
Becteria in the Feces of Warm-Blooded Animals. JWPtF ~(3),
Z95 (Morch).
5. U.s. Environmental Protection Agency, Region IV. 1985. Coastal
Marina Assessment Handbook.
6. U.S. Department of Health and Human Services, Northeast
Technical Services Unit. 1983. Hydrographic Studies of the
Kiawah River, South Carolina.
\
I
Guideline 1.0
- 7 -
June 1989
. ~ '. .-' .' ,
... -, .-~ ~
.'.""-;'.
......." .....'.,...;. .";'-~ ..-.."......-...,.."'!_... -'.
.....,,..,-..,.:........"':'...,.-_..
.
ill [, r: ~\ i~ ~ m
,TOWN OF SOUTHOLD
February 3, 1990
'Bruce Anderson
Environmental Consultant
John Bredemeyer, President
Southold Board of Trustees
Town Hall
P. O. Box 1179
Southold, NY 11971
Dear Mr. Bredemeyer,
Attached is a summary of our files on Brick Cove.
Pursuant to our conversation of today, it would be most
helpful to catalogue all additional information contained
within other files on Brick Cove which are with the
Trustees. Accordingly, please have your assistant prepare a
catalogue of all other portions of the record.
Also, I have returned the files on Brick Cove keeping
one copy of the topographic map and site plan of the marina
as prepared by Peconic Associates dated 12-5-88
Sincerely
~_-<M_ _ ~
Bruce Anderson
475 Rambler Road, Southold, NY 11971 (516) 765-4071
(.
m ro -\ \991ft rn
. Ch;:onology. ''''f")\~IN OF SOUTHOLD
Brlck Cove Marlna:1
.----
'BHice Anderson
Environmental Consultant
2-17-86
8/20/86
5-1-86
8-24-87
8/28/87
9/9/87
9/10/87
10-14-87
11/2/90
Addendum to Draft Environmental Impact
Statement for Southport Development prepared
by Land Use Company. Report details bottom
conditions found on site and reports a low
abundance of shellfish associated with the
bottomlands of Sage Basin.
Final Environmental Impact Statement Southport
Development; Southold, New York
Henderson and Bodwell,The Land Use Company Report
Analysis of Dredge Spoil in Sage Basin and Analysis
of Coliform Data. Spoil analysis indicates general
dredging suitability. Coliform data indicates
stormwater runoff to be of the greatest importance.
Letter from Larry Enoch, NYSDOS regarding sediment
analysis for Southport Development Project (F-85
455)
Cover letter from Peconic Associates to Trustees
Application and Environmental Assessment Form
Part I.
Comments: Proposal to enlarge existing marina
to 138 slips; to dredge 2900 cubic yards; to
include sanitary pumpout. Application lacks
applicants signature. EAF: A (4) predominant
soil types missing; A (8) depth to groundwater
"variable to 65 ft. (clay)" misleading or in-
accurate; B (f) existing parking = 147, proposed
parking = 147; B j (5) revegetation proposed
no plan submitted; B j (15, 18, and p/o 19) not
answered; application to Planning Board, DEC,
SCDHS, CZM, and Army Corps. applied for.
Trustees declare lead agency
Inspection Report Building Department
C of 0 Building Department, Title, Survey
Letter and application to Army Corps of Engineers
for enlargement of Young's Marina from 91 to 138
slips and dredging of 2900 cubic yards having
upland disposal.
Letter to Ilene Pfifferling (Southold Trustees)
475 Rambler Road, Southold. NY 11971 (516) 765-4071
-,
(.
(.
from Howard Zehner responding to legal arguments
filed by Kelly on behalf of Flynn and Weisman
11/9/87 Letter from Wiggin to Milliken (NYSDOS) regarding
shellfish and dredging concerns.
11-10-87 Letter from Angione, applicant's Attorney to
Trustees regarding project modification from
previous application for motel/marina/restaurant
complex by Southport to marina expansion only.
Response to interveners papers briefly addressed
12-17-87 Southold Trustees Permit # 574
2-19-88 Letter from Schondenbare to Bredemeyer regarding
insurance liability.
3-17-88 NYSDOS certification that the project at Young's
marina complies with the NYS approved Coastal
Management Program.
10-19-88 Letter from Flynn to Mars (Army Corps of Engineers)
stating objections to the proposed project at
Young's Marina. Objections are limited to the
following: bulkhead and peirhead lines, depth and
width of channels, dredging, navigational channels,
segmentation (SEQRA), zoning, legal access,
incomplete EAF, fresh and tidal wetlands, no public
hearing required, boat (pumpout impacts, boat
(bottom paint) impacts, impacts to bottom lands
owned by other private parties, shellfish impacts,
public health safety and welfare, fire protection,
traffic, and the standard 75 foot setback used for
residential development.
11-10-88 Letter from Flynn to Mars (Army Corps of Engineers)
stating objects to the proposed project at Young's
Marina. Objections are limited to the following:
segmentation (SEQRA); boat storage; possible
illegal dredging, set back requirements; 75 foot
residential setback not incorporated into marina
plans; parking; the applicant has never abandoned
proposals for a motel and restaurant; wetlands;
public health, welfare and safety; impacts to wild
and aquatic life; impacts to potable water;
traffic; and access.
5/30/89 Memorandum to Mars (Army Corps of Engineers)
addressing letters of objections from Flynn of
475 Rambler Road. Southold. NY 11971 (516) 765-4071
(.
(.
10-19-88 and 11-10-88. The following topics
were addressed: spot zoning; designated tidal
wetlands at Sage Basin; project proposal that
is limited to marina expansion only; sequence
of events leading up to the Trustee Permit issued
on 12-21-87; ZBA decision making; size and spacing
of the piers; impacts on flushing caused by docks;
channel width; traffic; NYS Coastal Zone Management
consistency; boat storage; applicability of 75 foot
setback from wetlands for proposed project; parking.
6-10-89 Letter from Zehner to Enrico (NYSDEC) addressing
emergency repairs and dredging at Young's Marina
6-10-89 Letter from Zehner to Kujawski (Town Trustees)
notification of emergency repairs; NYSDEC permission
stated.
6-13-89 Inspection ticket filled out by Constable McCarthy
need for emergency repairs stated.
6-28-89 Grant of Easement over underwater lands at Sage
Basin
9-6-89 Letter from Kujawski to Commissioner of General
Services requesting map of the project.
9-6-89 Memo from Scopaz to Kujawski requesting copy of
Easement
9-25-89 Letter from Gallagher (Office of General Services)
to Kujawski fulfilling request of 9-6-89
11-1-89 Department of Army Permit for marina expansion to
138 slips and dredging of 2900 cubic yards with
upland disposal
11-2-89
Letter from Wiggin to Trustees
of permit issued on 12-21-87.
resolution attached.
requesting extension
Copy of permit
11-8-89 NYSDEC Permit for marina expansion from 91 to 138
slips; docks, ramps, catwalks, dredging (2900 cubic
feet).
11-8-89 Letter from Tohill to Trustees requesting renewal
of permit issued on 12-17-87
11-15-89 Letter from Zehner to Trustees requesting extension
475 Rambler Road, Southold, NY 11971 (516) 765-4071
(e
(e
of permit issued on 12-17-87
11-17-89 Notification from Army Corps of Engineers of the
granting of a permit for dredging, piers, ramps,
floats, and pilings.
11-20-89 Trustees by resolution deny renewal of permit for
marina expansion. Letter states that application
should recognize that the project is in a critical
environmental area (CEA).
11-20-89 Letter from Wiggin to Trustees requesting Trustees
designed pumpout. Certificate of insurance attached
expiration date listed as 12-1-90 and thus has ex-
pired.
1-22-90 Letter from Wiggin to Trustees requesting
rescinding
of the 10-16-89 resolution denying permit extension
2-8-90 Trustees grant extension of permit for Young's
Marina expansion.
2-20-90 Constable McCarthy certifies that work done on
marina in compliance with Trustee Permit.
6-14-90 Letter from Tohill to Trustees; Attachments
include EAF, trip generation data, Federal
Consistency Form and DOS concurrence statement.
6-19-90 Memo from Bredemeyer to Arnoff requesting legal
advise on SEQRA as it effects Trustee regulation
of the Brick Cove Marina Project.
6-17-90 Letter from Kelley to Bredemeyer requesting
notification of when the project will next
appear on the Board's agenda or is scheduled
for a public hearing.
8-3-90 Letter from Bredemeyer to Kelly agreeing to
Kelly's request of 6-17-90.
8-31-90 Letter from Tohill to Trustees requesting meeting
for reapplication for permit on behalf of Brick
Cove Marina Project.
9-10-90 Letters to Flynn and Kelly from Bredemeyer advising
them of an informal discussion on the project to be
held on 9-27-90.
475 Rambler Road, Southold, NY 11971 (516) 765-4071
(.
(.
9-24-90 Memo from Tohill to Bredemeyer requesting status
of project.
11-1-90 Letter to Tohill from Bredemeyer advising that
Anderson will be hired to execute SEQRA on behalf
of the Board for the project subject to the
applicant's payment of fees. Separate letter
sent to Anderson
11-20-90 Memo from Bredemeyer to Kiernan requesting legal
advise on letter received from Kelly.
12-5-90 Memo from Clerk with attachments of supporting
affidavits and documents from legal actions
taken in opposition to the project.
12-15-90 Estimate for services submitted by Anderson.
12-19-90 Freedom of Information request filled out by
. Flynn.
12-20-90 Letter from Bredemeyer to Tohill regarding
Anderson's estimate.
12 26-90 Letter to Tohill advising of special meeting on
1-8-91.
Existing Plans and Surveys
9-13-83 Survey prepared by Van Tuyl
Features: existing docks
deed parcels #1 & #2
two (2) existing buildings
3-23-88 Parking Drainage Survey prepared by Peconic
Associates
Features: two (2) foot contours
stone surface parking field
French drain backfilled wi gravel
and a 4" to 6" or 8" perforated
pipe
one (1) septic system approximately
twelve (12) feet from water's edge
12-5-88 Site Plan and Topographic Map prepared by Peconic
Associates
Features: existing and proposed docks
parking area (general)
475 Rambler Road, Southold, NY 11971 (516) 765-4071
1-9-90
( .
/'
'- .
boat lift slip
two (2) existing buildings
boater's toilets
existing septic tank and leaching field
twentyfive (25) feet from water's edge
two (2) foot contours
tennis court and pool area
boundary of underwater land plo Young's
Marina
areas to be dredged
dredge spoil disposal area
approximately 120 feet from
water's edge
catwalk and ramp over wetlands
maintenance dredging and spoil
area
Survey prepared by Van Tuyl
Features: existing docks
existing hoist
two buildings and shed
stable and corral
tennis courts
pool area
property boundaries
ramp
bulkhead
475 Rambler Road, Southold, NY 11971 (516) 765-4071
r
I,.
( .
TELEPHONE
(5161 765-1892
{ .
'"
BOARD OF TOWN TRrSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Soul hold, New York 11971
APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF
SOUTHOLD. SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT
PURSUANT TO THE LAWS, ORDINANCES ANO REGULATIONS GOVERNING THE
COASTAL ANO INTERIOR WETLANOS, FLOOO PLAINS AND DRAINAGE AREAS
OF THE TOWN OF SOUTHOLD. ANO THE ISSUANCE OF PERMITS PURSUANT
TO CHAPTER JZ OF THE CODES OF THE TOWN OF SOUTHOLD.
APPLICATION NO._________________DATE OF APPLICATION-Ag~ust 24, 1987
IDENTITY OF APPLICANT__!oung~arin~______________
_PHONE NO_
ADDRESS OF APPLICANT__~~~_Road, Southold , N.Y. 11971
------------------
T AX MAP NO. -J.Q.Q.Q.:11.:.l:1Jl~L_______
AGENT__~~SE~lS_l220cl~!~~___________
____________PHONE NO.
PERMIT REQUESTED To_enlEEgg_gnd~QYlld marina~_l3B-n~~_______
-!E-l~Sl~g~-1-~~1~_~Q~~~gn&_Q1_flng~~~~~_dA~~ima~-_______
2900 cu. yds. dredging (see attached olanl
LOCATION OF PROPERTY FOR WHICH PERMIT WANTED__Sage_Road._Southold_____
-------------------------
HOME ADORESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION_
-~~ig_l~~D~r~_f~.Q~~ox 250~Gr~ilQQL~L~
11<:J!L-
CREEK, BAY OR HARBOR FRONTING PROPERTY__Sa~~~~~~i_So~thol~~~_
SIZE OF PROPOSED WORK__2ee_~tta.f.D.fQ._______________________________
LENGTH
see attached
-----
WIDTH__________________-2ee_gll~h~~________________
HE I GHT ABOVE HI CH WATE!!-.!-2-.fh______________
(
.
(
.
. .
.'
DEPTH BELOW LOW WATER___~i1~__________________________
YAROS TO BE EXCAVATED___~EErg!~_2900_~1g~_____________
YAROS TO BE FILLED___________________________________
PROPERTy___,__t_o 2 miles
WIDTH OF CANAL, CREEK OR BAY ~RONTING
DEPTH AT LOW
TIDE__~!!__________
IN TIDE 2 ft.
--------------------
AVERAGE RISE
DISTANC~ TO THE NEAREST CHANNEL___~_____FT.
DISTANCE PROJECT EXTENDS BEYOND SIMILAR PRO~ECTS IN THE AREA
o
'T.
I" THIS FOR PRIVATE OR BIJSINESS USE?
business
AREA ZONING
C-light. industrial
MANNER IN WHICH MATERIAL WILL BE REMOVED OR DE:POSITE:O_-!!J"ag-lil1~~~~-
__j~j_~!~S~~j_~~_j12Eosal area
INTENDED USE OF PROPERTY__~2i~________
DESCRIBE ANY KNOWN PRIOR OPERATIONS CONOUCTEO ON THE PREMISE
marina
AND WHETHER ANY PRIOR LICENSE OR PE:RMITS HAVE BEE:N ISSUEo TO ERRECT
STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAIO PREMISES AND WHETHER
ANY PERMITS OR LICENSES WERE EVER SUSPENDEO OR REVOKEO 8Y A GOVERNMENTA'
AGENCY _ilJlJlJlsil~1..91L.!:..9_1~~.!L.E~.!!.DllliL.!l~~EC, SuffQil County
~~~J~~_5~r~js~2~_~1]~_~D~_~~I~_Qf_!n~in~~r~~~~~~reDared_
DESCRIBE FULLY THE REHABILITATION AND PROPOSEO CONOITION OF THE
PREMISES AFTER THE WORK IS COMPLETED INCLUOE AN AOOITIONAL SURVEY OF
THE PROJECT SITE IF NECESSARY_~2.!l~_will be restored to a fuIIL~_~~
_2Jl~Iill>)~_S..9.!ljJ~j..9.!l_~..9_J.!lS.!~j~_~1~r1_E.:!~Lout facilities.
----------------------------------------------------
WRITTEN CONSENT OF THE OWNER OF THE PROPERTY. I~ NOT THE SAME AS THE
APPL I CANT .__~!!~5_h!.9_____________________________
----------------------------------------------------
ARE TlIl:I<C MJY coveNANTS OR RESTRICTIONS IN .YOUR DEED THAT WOULD
PROIlLUIT TillS PHOJECT? NO
(
.
( .
,',
COUNTY OF SUFFOLK
STATE OF NEW YORK
)
)S5:
BEINw DULY SWORN DEPOSES
"
AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS.
AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST
OF HIS KNOWLEDwE AND BELIEF, THAT THE WORK WILL BE DONE IN THE
MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE A~~ROVED BY
THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AwREES TO
HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND
FREE FROM ANY AND ALL DAMAwES AND CLAIMS ARISINw UNDER OR BY
VIRTUE OF SAID PERMIT, IF wRANTED.
SIGNATURE OF APPLICANT
SWORN TO BEFORE ME THiS
DAY OF
I'
NOTARY PUBLIC
EXAMINEO
APPROVED "WETLAND~" PERMIT (CHAPTER .7)
APPROVED "BOAT,DOCKS. WHARVES" PERMIT (CHAPTER JZ)
DISAPPROVED "WETLANDS PERMIT" (CHAPTER .7)
DISAPPROVED "BOATS,DDCKS, WHARVES" PERMIT (CHAPTER 3%)
CONDITIONS, IF ANY
EXAMINING BODY
SIGNATURE OF CHAIRMAN
COMPUTATION OF FEES
.\1'1 .O....~lJ ';/~/iO)
. .
"
"
.
,.
.
.,.', .
(
.TOWN OF SOUTHOLD
( .
ENVIRONMENTAL ASSESSMENT - PART I
"
PROJECT INFO&~TION
:iQr:c!; ihis ,~Oc.OJJf'.l!!'lt 4, de:1tCl'ned' ~a .I11h: 1n dll!!t.:-:r.tttt~'UJ .",;,~t:-:.r ":.-:e 1ct10" :lropase'!J 'NIY ~IY' , 1~q.nt 'feant
Iff~c: In tl'le !~Y;l"Cnml!ftt. Ple!sa c:ur.ale~1 t.":1 !nt1r. Jau Sr.ellc. .:ons....,.,:o '::";l!Si;uestlons .,nl JI C~nS1C1!t"!'d
!S :nn: at 0:.'" ao~1 tC.JC1cn fo.,. 4aDI"'Oyat In4 .'RY' ~. ~u.i:lj!':: t:2 ftJrtn.,. '/e,.tficJt~on Ind ,1ubl1c ~.,1~. Pruvldl
lIlY .00ftlort.1 Info....tfon 10U 0.11... "HI ~. nH<l..s :0 c:molct. ~AllT'i Z .no J.
.
:: is ua~~ :~It .::nnolee1on of to.,. v.F witl tie c!agartc1l:T1: '" '"'ormac:on c:urn!'lcJ;I available Ind '."ill not
"",clve ~e'II hUQ.es, reS2.~' or Invtstfqat1on. It tnfor.:t!:10n r-tautr<'n9 suetl Idc:tttl3nal -..,grtc fJ.unaYo1~Cr.,
',. S~ f"die.)t' Uld 'Sa.<e:ify fie., tns:ancI.
" .
~.J/1€ '1' .'l(!J€~: .,-
~~,~E l~O lCCR:;:SS uF ~~N"~ '(f ~1f"'""tl
Youngs Marina
Howard Zehnpr
(.lldlfl.)
P.O. Box 250
{S\.~t:
.10"~:3:i 1:10 :IA:~E :JF "01_ r~:~l'Ir:
Peconic Associates
(;i..te~
One Bootleg Alley
{S\.re~ti
Greenport.
(II.J. )
N. Y.
(St""/
11944
l'::p)
3US't~ESS ;>1iO~IE;~( 516) 477- 0830
Greenport.
(....J. i
N.Y.
(sut!,
11952
("'~/
~€!c1(.r!~~ ~F ~O"J<'=7: (!rhf'ly dascrfb. tl'll' 0' ~"'jlc: ,r &C:fon)
(;>t.!.so: CO~PLm EAOl CUEn.o~ . tndlcUI ~.~. It not 1001 Ie,al..)
A. S17~ ;ES"~IPTlO~
!~,.y,1c.:.1 Ilt:1r:1 0' Dv.rll1 Pr"Oj~:. :'otrl d.v.loc..e Ind :.tnd.....lcDed sr!u)
I. ,;""..,1 ..,.rac:or of t~. tond: r..n".lly unlto"" Ilop. L .......ily ""e.l. ,nd ",11 fnq ".. Ir....9ul.r
.!. ~,.u.nt ~ and JS.: :.1"'4" . [n~s:r111 ..1.-. Canqrc~ 11
_" ~q..1cultu~_.I)t.'1t!:,.
J. ~otll acr',.q. of ,",joe: ll"'!a: 12.40.c.....;
-'
SuDu~an _' .lUfll
-'
~or~st
Aoorox1maea lc~aq.:
~e!1CW or ~rushland
~~s.net~ A'~I" Co~l.t~~"
~resene:y ~ft2r ~cmal.t1on
_1c:T'!S _!C~S
~IClr $u,.-:l"lcI ':'~1
~IC~.'
4
_Ie",
.:'a"!s;:l:~
_'~S. 1-;:-1S
~nv.?'tlc=1 :~cx.
'Ir~' Q.. f1l1;
_SC:-~I
_ICr:S
....qr<:c:Ji '::Jr! I
_ltT'!' _'c:"tI
~:..a1. 'Jt:lltj!r:l)s
It:: -::.-:~,. J4"'!'J
.iU"~"C~S
_t=~s
_Ie:'"!s
:~I,=I.:nC: ~ =-'!s,'w.C!!'" ar
'f~!l !S ;~,. Ir~'~~!S
:t. ~5 ~,. '::.:.t.. J
_lcr'!s !c:"!!
ffii-ifil~Wtr'f M?id
~!C~~.
-LIC~"
.t. 'Ahol: Is .,!"~,,:cm'"!n,= sali ~'l~'!(s) .,n'~!K~ i~':!!
i. .t. .,," ::.":~:'"1t Jec:roo:c~ 'Juc::"':J:of:1:J1:n ],.,j.~-: 1~:J~ _~u ~10
:I. .hlt Is ~!~t.-: ':~ .:(f(2~cx.?
{!.1 "HC}
)/tI1!
.
o
( .
( .
./
,
10-1S: _~. 15: or
. -,
IS. Approximate porc"nt.~. of proposed project site with slopes:
g....at.r 1 00 ~. .
7, Is project contiguous to, or cont.ln I building or site listed on thl National R.glster of Historic
Places? hs X No
- -
0-10:
.,
--,
8. \/hIt h the dlpth to the w.ter tablel ,:,,--fHt. va,riable to 65 ft. (clay).
9. ~.huntlng or fishing opportunities pr.slntly e.lst In the projlct area? _V.s .2l.--Ko
10. Oo.s project sit. contain any sp.cies of pl.nt or .nlmal 11f. that Is Identlfl.d as th~aten.d Or
end.nce,ed _ _YIS ~'Io, according to . Id.ntify e.ch species
11. Ar. ~~e.e .ny unlqu. or unu.ual l.nd forms on tho project site? (I.e. cliffs, dun.s, other g.ologlcIl
fonnltlon. - _Yes ...L....:'o. (Describe
12.
13.
14.
Is the project site p....s.ntly used by the com=unl~1 or neighborhood as .n open space or recreation
lrea . _hs --LNO. ' . .
Ooes the pr.~ent .it. offer or Include sc.nlc views or vhtas known to ~. Important to.the COllIllUIlltyl
_Yes ~lo
St.....ms within or contiguous to proj.ct .rel:
N/A
I. H.... of stream and name of river to which It Is tributary
I
15. Lakes, Ponds, Wetland lreas within or contiguous to project area:
a. Nall'.e Saqe Sa sin
: b. Size (In Icres)
. :t 17 acres
16. What Is the dominant l.nd us. .nd zonlng classification within a 1/4 mil. r.dlus of the proj.ct (e.9~
slngl. family residential, R-Z) and the .cal. of dey.lopment (e.g. ~ story).
residential 2-A ~
8. PROJECT DESCRIPTIon
I.
.
b.
c.
d.
e.
f.
g.
h.
1; PhYSical dimensions and scale o( project (fill tn dimensions .s .pproprlate)
./'
Total contiguous .crelgl awned by project sponsor
acres.
Project acreage deyeloped: ....:..- acres Initially: --'- Icres uJUNtely.
Projlct Ic..age to remain undeyeloped
Length of project, In linn: N/A (I( IPprop~late)
If project Is In ..pansion of existing, Indicate p.rcent o( expansion proposed: building square (00
age : developed acreage
Il..mer o( off-strt<!t parking spaces uhtlng 14r : proposed 147
~..Imur.1 yehlcuhr trips gen.rlted per hour (upon completion of project)
If residential: Number and type of housing units: N/A
One 'Family Two F...l1y Multiple Family
Condomlntum
Initial
U1timete
1. If:
Orientation
Hefghbornood-Clty-R.g;onal
(stlmated Employment
Comord .1
Indus tria 1
j. Total hofoht of btlut p",ooud structure N/ A feet.
-,,-
'.
, .
~. HOI. much natur!I
( .'
m!terial (Le. rack,
(.
earth. etc,) wll I be r!!l"",,.d from the . I te .
./
o
tl:lns
"
cubic yar
3. How many acres of .eqetatlon (trees. shrubs, qround co.ersl will be remo.ed frea site - ~Icres.
4. Will .ny mature fore.t (o.er 100 years old) or other 10cally-lm~ortant .e7etatlon be remo.ed by this
project? _Yes -X.....:'lo
5. Are th.ro any plans for re-.17etatlon to replace that re.ovld durlnq construction? -1L-..Yes ______Ho
5. Ir sinqle phasl praJlct: Anticlpltld period of construction 6 months. (Including demolition),
7. If multi-phased projlct: I. Totll numbe, of phlSIS antlclpatld ~HO.
b. Anticipat!d date of commonce~lnt phase I _month -year (includin~
demolition)
c. Approxlmlte completion date final phase
IlOnth ~Ir.
"
d. Is phase 1 flnanclllly dependent on subsequent phas.s? ______yes -----!
8. Will blasting occur during constrJction? _Yes ~Ko
9.
Hunber of jobs generated: during construction _;
Hwrber of Jobs eliminated by this praject ~.
Ifter project Is complete 5 .
10.
11. Will project re~ulre relocation of any prajects or facilities? _Yes _Ho. If yes. ..plaln:
lZ, I. Is surface or subsurface liquid WIStl disposal Involved? ~YIS _Ho.
b. If yes. Indicate tYPI of wute (sewage, fndustrhl. etc.) sewaqe - boat holdinq tank~
c. If surface dIsposal n~e of stream Into which effluent wfll be discharged
13. ~fll surface are. of existing lakes. ponds, stretcs, bays or other surface watarAays be Increased or
decreased by ~roposa I? _Yes 2-Ho.
14. Is project or any portion of project located In the 100 yur flood plain? -LYes _Ho
15. I. Ooes project InY01.e dlsposlI of solid waste? _YIS _Ho
b. If yes. will In existlng solId wlste disposal facility bl used? _YI. _Ho
c. If yes, gl.e name:
; 10Cltion
d. WIll any wlstes not go Into I .ewage dlsposll system or Into a sanltar} landfill? -!-..-Yes
16. Will project u.. herbicides or pesticide.? _Yes ~~o
17. Will praject routlnely produce odon (mon! than on. hour plr day)? _YIS -2<-.HO
18. Will project produce operiting nofs. exceldlng thl local amblencl nols. le.el.? _Yes ______No
19, Will project resul~ In an Increue In enerq)' use? ~Yes _Ho. If yes. Indicate type(s)
ZOo
Zl.
22.
If water supply is from WIlls Indlc!t. pumping capacfty Nt A
Toul .ntlclpat.d waUr usage per day 690 qlls/day.
Zoning: I. ~hat Is dc",lnant 'zonlng claulflcatlon of slUr
b. Cur..nt s;>ecl"c zoning ,classification of Sltl
c.' Is proposad use conslst.nt with ,,,e;ant lonlng?
d. If no. Indlcat! 'desIred zonfng
gals/minute.
C-l ight
C-liqht'--
YES
~
.
( .
( .
25. Approvals: a. Is Iny rederal permit rfG~'rtd? ~Yes ~10
b. Ooes project 'nvolve Stlt. or reder.1 fundfng or ffnlncfng? ______Ye. ~no
c. LOCol Ind Regional Ipprovlls:
"
,..'
. Approval Requfred
(Yes. /10) (Type)
'"
Clty.~. YIlllge Board
Cfty. Town. YIllage Planning Soard
City. T~Zonlng Board
Clty.<Coun? Health Oeoart:r"",t
Other loca Igencies
Other regionlt agenclo. .
State Agencfes
Federll Agencll'
-x
::c
x
-r
C. INrO~~TI01~L DETAILS
. .
~on: nf
nglneers
'.
Submittal Approval
(Date) (Date)
Attach Iny additional InfoMllltlon IS rray be needed to clarify your project, If there are or may be any
adveru fm?acts associated with the proposal. pleasl discuss such Impacts and the measures which can b.
taken to mitigate or aV~f<Lt~..... . CH---- . .
PREPARER'S SIG1LHURE: . ~ ....../-1>-"- C f;'IvlW--
TITl.E: P..tes ident
REPFES<.~rr.~G :
. DATE:
Youngs Marina
August 24, 1987
.
"
.-..
.
.
.
'. ,
TYPE I LIST
Any dredging project more than 100 c.y.
(Exception: Any project with a history of prior approvals and
operations may upon consideration of the Board be treated as an
unlisted action).
1/90
'.
.
.
"
-30-
9517.11
~517.12
(4) its irreversibility;
(5) its geographic scope;
(6) its magnitude; and
(7) the number of people affected.
..
617.12 TYPE I ACTIONS.
(a) The purpose of the list of Type I actions in this section is to
identify, for agencies, project sponsors and the public, those actions
and projects that are more likely to require the preparation of an EIS
than Unlisted actions. All agencies are Subject to this Type I list.
(1) This Type I list is not exhaustive of those actions that an
agency determines may have a significant effect on the environment and
require the preparation of an EIS. However, the fact that an action or
project has been listed as a Type I action carries with it the presump-
tion that it is likely to have a significant effect on the environment
and may require an EIS. For all individual actions which are Type I, the
determination of significance must be made by comparing the impacts which
may be reasonably expected to result from the proposed action with the
criteria listed in section 617.11 of this Part.
(2) Agencies may adopt their own lists of additional Type I
actions, may adjust the thresholds to make them more inclusive, and may
continue to use previously adopted lists of Type I actions to complement
those contained in this section. Designation of a Type I action by one
i nvo 1 ved agency requi res coord i nated revi ew by all i nvo 1 ved agenci es. An
agency may not designate as Type I any action defined as Type II in sec-
tion 517.13 of this Part.
(b) The following actions are Type I if they are to be directly
undertaken, funded, or approved by an agency:
(1) the adoption of a municipality'S land use plan, the adop-
tion by any agency of a comprehensive resource management plan or the
initial adoption of a municipality'S comprehensive zoning regulations;
(2) the adoption of changes in the allowable uses within any
zoning district, affecting 25 or more acres;
(3) the granting of a zoning change. at the request of an
applicant, for an action that meets or exceeds one or more of the
(
~
'-
(:
..'
c:
l.
.
.
-31-
~617.12
thresholds given elsewhere in this list;
(4) the acquisition, sale, lease, annexation or other transfer
of 100 or more contiguous acres of land by a State or local agency;
(5) construction of new residential units which meet or exceed
the following thresholds:
(i) 10 units in municipalities which have not adopted
zoning or subdivision regulations;
(ii) 50 units not to
habitation) to existing community or
including sewage treatment works;
(iii) in a city, town or village having a population of
less than 150,000: 250 units to be connected (at the commencement of
habitation) to existing community or public water and sewerage systems
including sewage treatment works;
(iv) in a city, town or village having a population of
greater than 150,000 but less than 1,000,000: 1,000 units to be con-
nected (at the commencement of habitation) to existing community or
public water and sewerage systems including sewage treatment works; or
(v) in a city or town having a population of greater
than 1,000,000: 2,500 units to be connected (at the commencement of
habitation) to existing community public water and sewerage systems
including sewage treatment works;
(6) activities, other than the construction of residential
facilities, which meet or exceed any of the following thresholds; or the
expansion of existing nonresidential facilities by more than 50 percent
of any of the following thresholds:
(i) a project or action which involves the physical
alteration of 10 acres;
(ii) a project or action which would use ground or sur-
face water in excess of 2,000,000 gallons per day;
(iii) parking for 1,000 vehicles;
(iv) in a city, town or village having a population of
150,000 persons or less: a facility with more than 100,000 square feet
of gross floor area;
( v)
be connected
public water
(at commencement of
and sewerage systems
in a city, town or village having a population of
"
.
~
.'
-32-
!l617.12
9617.13
more than 150,000 persons: a facility with more than 240,000 square feet ~
of gross floor area;
(7) any structure exceeding 100 feet above original ground
level in a locality without any zoning regulation pertaining to height;
(8) any non-agricultural use occuring wholly or partially
within an agricultural district (certified pursuant to Agriculture and
Markets Law, article 25, section 303 and 304) which exceeds 25 percent of
any threshold established in this section;
(9) any Unlisted action (unless the action is designed for the
pr~servation of the facility or site) occurring wholly or partially
within, or substantially contiguous to, any historic building, structure,
facility, site or district or prehistoric site that is listed on the
National Register of Historic Places, or that has been proposed by the
New York State Board on Historic Preservation for a recommendation to the
State Historic Preservation Officer for nomination for inclusion in said
National Register, or that is listed on the State Register of Historic
Places (The National Register of Historic Places is established by 36
Code of Federal Regulation (C.F.R.) Parts 60 and 63, 1986 (see section ~
617.19 of this Part).);
(10) any Unlisted action, which exceeds 25 percent of any
threshold in this section, occurring wholly or partially within or
substantially contiguous to any publicly owned or operated parkland,
recreation area or designated open space, including any site on the
Register of National Natural Landmarks pursuant to 36 C.F.R. Part 62,
1986 (see section 617.19 of this Part);
(11) any Unlisted action which exceeds a Type I threshold estab-
lished by an involved agency pursuant to section 617.4 of this Part; or
(12) any Unlisted action which takes place wholly or partially
within or substantially contiguous to any critical environmental area
designated by a local or state agency pursuant to section 617.4(h) of
this Part.
617.13 TYPE II ACTIONS.
(a) Actions or classes of actions which have been determined not to
have a significant effect on the environment are classified'as Type II
L-
\:..
" "
.
.
, ,
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
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
February 15, 1991
Charles De Quillfeldt
N.Y.S. Department of Environmental Conservation
SUNY - Room 219, Building 40
Stony Brook, NY 11790
RE: Marina Expansion
FEB I 9 1991
Dear Mr. De Quillfeldt:
Recently the Southold Town Trustees have begun to revisit a
proposed Marina expansion under a Town wetland permit
application by the Brick Cove Marina (formerly Youngs Marina)
Sage Basin Southold. This review is a result of a CPLR
Article 78 proceeding requiring renewed SEQRA processing for
this application.
As shellfishing issues are very important to the Trustees in
Southold, we would like your assessments and comments on any
shellfish sanitation mitigation measures proposed and request
that the consultant for Brick Cove Marina, Merle Wiggin of
Peconic Associates, Inc. contact you directly in this regard.
We understand there is an existing NYSDEC permit for this
project which may be affected by this renewed review,
particularly in light the FDA Marina Guidelines and issue
policies.
The Trustees anticipate recommencing formal SEQRA coordination
shortly after we receive a completed application for this
proposal. We would like basic discussions on the shellfish
sanitation issue addressed by the applicant in the body of their
permit application.
.. """. .~,-'i
. "
.
.
. '~
Any help you can give us with this respect to this matter will
be greatly appreciated.
Sincerely,
~ - ~JU:
John M. Bredemeyer, III
President, Board of Trustees
JMB:jmt
cc: Town Attorney
Planning Board
C.A.C.
Jay Tanski, Sea Grant
~.,_ ...c_.
t
.
5tt611t,t!'
1(;<-
15
16
Bruce Anderson
Environmental Consultant
January 23, 1990
Bennett Orlowski, Jr.
Southold Town Planning Board
Town Hall
P. O. Box 1179
Southold, NY 11971
Re: Brick Cove Marina C Yt-'ff:':)
Dear Mr. Orlowski,
I have been retained by the Southold Town Trustees to
do a SEQRA analysis on the above refernced project. The
record on this project indicates that a site plan approval
from the Planning Board is required. Please advise me and
the Trustees as to the status of this application before
your Board.
Y7- 1-.36'3
Kindly indicate what actions if any have been taken on
this application.
Sincerely,
411-
Bruce Anderson
-
,
cc. John Bredemeyer, President
Southold Board of Trustees
JW 2 5 1991
475 Rambler Road, Southold, NY 11971 (516) 765-4071
Bruce Anderson
Environmental Consultant
rn
.,
January 23, 1990
Bennett Orlowski, Jr.
Southold Town Planning Board
Town Hall
P. O. Box 1179
Southold, NY 11971
Re: Brick Cove Marina
Dear Mr. Orlowski,
I_have been retained by the Southold Town Trustees to
do a SEQRA analysis on the above refernced project. The
record on this project indicates that a site plan approval
from the Pla~ning Board is required. Please advise me and
the Trustees as to the status of this application before
your Board.
Kindly indicate what actions if any have been taken on
this application.
Sincerely,
4~{~
Bruce Anderson
-
,
cc. John Bredemeyer, President
Southold Board of Trustees
475 Rambler Road. Southold, NY 11971 (516) 765-4071
~
''', ~ ""
" (( \
+,-TJL "\ O~ \
, 'c \\04'.~\' & <L \
N5t521OC.'-' 3;"~ +,g, \
'0 . "'~ ". 1-;\. \
--- ...,. ~\'& \
~ .~ TIZ CO. ~O'I ~\~ ~ \
.-------:r'jl 8l.EE\~E17- CON~ A y :;t ~ \1~ ~ 7- \
r,.r-I-fr 0 .,aa:)E :t o:F ~ +G' <.) \
~ ~ N~~' ~
._- ;;"::"-' ,!CP.o 10 \
i 6-\ TO 61" 0 I d \
HoME \?..D. , 1.0
~ .~ ~r2Dp. POOL.S - \
(\J \ ,i' I I
'Oqo ~ DP. rANk: ,
\ . 0 FILL . .. ,
~;- ~~~. _3S.~ _ .v;. ,i I
/ I ,IUFl.OOf2 EL- I It. ~
, ..0 MIN.) '<lL-----"" i
r--a~ ~ Pl20P. HO "'I. I
D! -- '1' \- - . b.~O:. ,- - ...1: . $ :. II i
I:Jr-'-I:J~' ..'<: ;~!
! , 4n
I. ','" "'J.L...
....--~_.....------r .!
I
I
;1
.~ ~ ~i~
-(\ :-..rJ: \I>r
~O>. .? ~
"o:t // 0. /~"..z.,
-q../ ~_____J"'\ ~
Z. . - . -.--- ~ \
. _------'~" ...,vH ..,'
JETTY' !.---' :..(
j'" welL 0~
, 0,,-,0
\,)'\0
cp .
,
M~OFWILl.OW POI~'
5UFF. co. MAP NO 465Z
.....
,
~.
(2b
'-'_/
( l2ESlDENC.E)
/
IlIiffT. Fl..OOI2 I
Q. ..
Fn~\&t.t1CCo Gl2AQIE~
_. __......0_ _._
.,......... ..~l'
'J- T..~"
.1 '50_____ _._ 41-
Po-OL-(~-~'
a~N&o
b!'\.'S!
0-.0 ---.
TANk::
,. POST N61239
-----r-
1'v1AP OF-- PI20Pf-J2J'\'l
_._-~-_._-----_.._-----
5UrlVEYED For.?
\j/(-rO[2
"~\\ /1\ r !
, .I \ I i \ i I
\,...-1- \/ iH'\~_ L
AT
SOUTHOLD
roWN OF 5OUTHOL,V,N.\;
---~,--,~-+,,--'----'--,-- -'.-
.
,
..
,
///
,/
//
//
/j
, .
,,//"
//
,-- /
./' ,
,,/
//
.(/
//
/
_ r-~ "1
:xALC' -'0'/
-~-_.,.--._~--
812~'~L960 '5.F no TIE LINE)
- ____no__,__ ____
LJ'MONUMENT
O.JQQN PIPE:
TITLE NO. T1285-5581
. _.. _..__.._.~_.._--------~_..._. --,--
ELEVATIOI'.J5 f.i:EFEi2 10 MEAN SEA. LEv EL,
pf2erjl-=g~J~-.I=LClOO_zpNE A.4(fj,,8)~'--
Q.E:,!tsel).J~.n, \ge~; JAN.29, '9~
C;t,I Af2Af':.J TJ;,I;;Q TQ
TICQg TITJ".j;GtJAl?N..rif;.f;. CO, ~
'SQyrHQl..,Q ~~'xI.lbiG'2. BAhl.K..
A5 ?Ura.V~EO Nq,V.22 ,t~5
~jCt( VA!j..tLIYL. ".C.
k:. V- I ~~
LIC~NSlD LAND SUltV VORs
GttEENPORT NEW VORK
~
SUFFOLK CO HEALTH DEPT APPRO V AL
H. S NO
, ,
I.
"""MEN' 0' ,N"N' -
THE WATER SUPPL Y AND SEWAGE DISPOSAL I
! SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
SUFFOLK CO DEPT OF HEALTH SERVICES.
(S) FN.r.ONSULTANTS INC.
APPLlq~ North Sea Road .:;/.1.3 <>
SUFFOLK COUNTY DEPT OF HEALTH
SERVICES -- FOR APPROVAL OF
CONSTRUCTION ONLY /"'2 lJ (f'(;
DATE: 5 ~.
H. S. REF. NO.. . - 3
APPROVED
SINGflE fl'AM~LY n~~.hfll,",'-~--' ~':_:!'/
SUFFOLK CO. TAX MAP DESIGNATION:
DIST. SECT. BLOCK PeL
lOX) 056 5 40
OWNERS ADDRESS:
35, 35 {I SI.;;:L~E;J;T
JACk~SO~, ".4;5. NY 11372
..____._.4. __....____,,~_
(T!;;,- :118 -04"7$-"15"'::1)
DEED: L.6910 p.22z(r2EF)
TEST HO\.. STAMP
,". "
":.cl
>-
-<
.J
\J
."
;
i-,r,,,,,l,~r,',:,,-'
:::..,....'..'i."'- ..:,j' ,.;,lV. 1;&.\0;""',: :-'i"3ti
S"lill^lJ3~;j-I~B~~~:~::;:'~
:lO '1d3G :J S
SEAL
8861 OT n3
,'"
t-.
.
~
~
B 0
A T
BASIN
EXISTING CESSPOOL
AND SDEft TO IE
A'ANDDNED I N PLACE
~
..
CLEAN SAND AND
GRAVEL ALL AROUND
. FEET 11I_"'" C
..
..
..
:I
CLEAN SAND AND
GRAVEL ALL AROUND ..
J FEET IIINJWM ..
...
..
WOODED
AREA
10.... Il'INIWUW
.
. ,:
:/00:
w
wi-lRiAl JEW LEACH I NO F I [LD
- NEW SEP\ I C TANK
\
W
,
W
ie_eMil'
tiOI/
.'
EXISTING SEPTIC TANK
AND lEACHING FIELD TO
REMAIN
....
PARTIAL SITE PLAN
SCALE, I' . liD fEET
.
,..
FRO
"
NO
I..
r 11II
t
2' MAX
"-r
r ?'
..
r
~
-
8 889
88889
8889
889
889
89
1
..
-t
...
:0
4'.1- ;a..
r
.
.. DIAMETER
.C L A V II ATE R I A L
SECTION
TYPICAL LEACHING POOL
N T S
FalGRADE
~v
,',.
',',
.
12' "AX
O'MIN
.
-.'
"
~;
,'-
...
I....
".
1
2'-"
'p'
'.
"
L
". I
.. DIAMETER ..
SECTION
CYLINDRICAL 900 GALLON
SEPTIC TANK DETAIL
N T S
I>>ECONIC ASSOCIATES Inc.
consultants
Cae lee1Iet AIIlly P.O. IlOx 172 Gr..~ NY 11144
....77.0030
.
.
ALBERTS
LANE
N
^
KEY MAP
y 2M I(!PO
~O F..t
PECONIC BA Y
.I ,.
1
'" of
:I-
2 Nenf ~
3 'of ~ Zf--H LJ!""lI1.
TO LEACHING
FIELD
~ - , .
N."-" I' ".
PRECAST CONCRETE
SEPTIC TANK
. II. IllAIoIETER
....
BRICK COV.E, MARINA
~'lfSHAMOIolAOUE. TOWN OF SOU7HOLO. SUFFOLK CO, NEW YORK
...
-"
-
-
-..
1
,
I
I
I
!