HomeMy WebLinkAboutTR-3768Board Of $outhold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO ..... ~.7.~.8 .................
ISSUED TO ALI AGARABI
Aulharizalion
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the L.aws of the
State of New York 1952; and the Soufhold Town Ordinance en-
titled "REC~ULATINC= AND THE PLACINC~ OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, C=RAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on .~.~.~.~.~.T....~c)8c)
19 ............ , and in consideration of the sum of $ ........................ paid by
of ........................................................................................ N. Y. and subject to the
Terms and Conditions listed on fha reverse side hereof,
of Southold Town Trustees authorizes and permih the following:
Construct 47 x 60' catwalk, 4'x 16' ramp, 6' x 20' float,
install 12 pilings. Float to be constructed parallel to shore
stru. cture, s not to interSere .wi~h navigatio~a, Dock to be used
the originating applJcafJon.
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes its Corporate Seal fo be affixed, and these presents to
be subscribed by a majority of the said Board as of this date.
't ,
TRUSTEES
John M. Bredemeycr, 11I, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Tdephone (516) 765-1892
u !:' B;':~AY I ~ scoTi' L. HARRIS
'
~p' ~. , ,_,,v N OF $OUTI, Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York i 1971
BOARD OF TOWN TRUSTEES Fax (516)765-1823
TOWN OF SOUTHOLD Telephone (516) 765-1800
CREEK
YOUR ORIGINAL PERMIT NUMBER
APPLICATION FOR SPECIAL ICE DAMAGE PERMIT
INSTRUCTIONS: Complete form below and return to above address.
You should have this application approved and returned to you
within a week. ~q~a · ~,L,~S ~$6~) O~m~O ~¥ ~,~r~'~ ~c~
1. Applicant's Name & Address: ~u~ ~R~ Tel.No. ~9~.qT~
2. Contractor's Name & Address: Tel.No.
3.The purpose of this application: Redriving or replacing
openwork dock or openwork pier piling, and mooring piles,
removal of d~aged piling, repair, resetting or replacement of
floating docks, r~ps, or decking, all necessitated by ice and
storm damage resulting during 1989-1990 winter.
SPECIAL CONDITIONS
1. NO dredging or filling is permitted.
2. Repairs to existing structures shall be limited to
replacement of timbers without change in design or dimension...
3. No repair or replacement of bulkheads is permitted under ~his
permit.
4. No freshwater of tidal wetlands are to be disturbed under any
circumstances.
5. A yellow permit sign provided by this office shall be
displayed on the project at all times while under replacement.
6. Original permit numbers (3"high) must be displayed on project.
7. Groins and bulkheads are subject to inspection prior to
issuance of permit.
TRUSTEES
John M. Bredemeyer, IH, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765q823
Telephone (516) 765-1800
May 25, 1990
Donald Cocks
c/o Matt-A-Mar Marina
2102 Westphalia Road
Mattituck, NY 11952
RE: Ice Permit for Ali Agarabi - #41
Dear Mr. Cocks:
The following action was taken by the Southold Town Board of
Trustees on Thursday, May 24, 1990:
RESOLVED that the SouthOld Town Board of Trustees grant approval
for an ice permit to repair damaged dock in kind/in place.
If you have any questions, please do not hesitate to contact
this office.
John M. Bredemeyer, III
President, Board of Trustees
JMB:jmt
SOUTHOLD TRUS:TEES
IssUed To ~_~~bBa.~~__ Date ~-~~
Address ~ ~ '~: ~' ~: '
THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD
SOUTHOLD, N.Y. 11971
TEL.: '765-1892
FRANK A. KUJAWSKI, JR., President
ALBERT J. KRUPSKI, JR., Vice-President
JOHN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1892
August 28, 1989
Donald Cocks
PO Box 1235
Mattituck, N.Y.
11952
Re: Application No. 5-12-89-139-10-2.5
Dear Mr. Cocks:
The following action was taken by the Board of Town Trustees
during their regular meeting held on August 24, 1989 regarding the
above matter:
WHEREAS, Donald Cocks on behalf of Ali Agarabi applied to the
Southold Town Trustees for a pezmit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated May 19,
1989 and,
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and reco~uendations,
and,
WHEREAS, a public hearing was held by the Town Trustees with respect
to said application on July 27, 1989 at which time all interested
persons were given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar
with the premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation
submitted concerning this application, and,
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE BE IT
RESOLVED that Donald Cocks ON BEHALF OF Ali Agarabi BE AND HE~RRY
IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO:
Construct 4' x 60' catwalk, 4' x 16' ramp, 6' x 20' float, install 12
pilings. Float to be constructed parallel to shoreline, structures
not to interfere with navigation. Property located at 265 Westview
Drive, Mattituck, N.Y. Dock to be used by tenant or owner of
property only, not for c~m~ercial use.
This permit will expire two years from the date it is signed if
work has not co~m.encedby said date. Fees must be paid and
issued within six months of the date of this notification. Two
inspections are required and the Trustees are to be notified upon
completion of said project.
Please return to the Building Department for a determination on
the need for any other permits which may be required for this project.
Permit will be issued upon payment of the following fees for
work to be done below Mean High Water Mark:
$300.00
96.00
180.00
360.00
$936.00
12 pilings
4' x 16' ramp
6' x 20' float
4' x 60' catwalk
total fees (additional fee of $35.00 due for previous
amendment)
$971.00 Total
FAK: jas
CC:
Bldg. Dept.
Conservation Advisory Council
file
Very truly yours,
Frank A. Kujawski, Jr.
President
Board of Town Trustees
ugus~ 17, 1989
Town of Southold Trustees
Southold Town Hall
Main Road
Southold, N.Y. 11971
Dear Trustees:
I am the owner of the property located at 365 Westview Dr.,
Mattituck, N.Y. The house is currently rented to R. Spies,
who had taken the rental with the understanding that I
would pursue a permit fer the installation of a catwalk,
ramp and floating dock.
My agent' in'securing the permits, Mr. Donald Cocks, complied
with all the necessary paper work to all the required agencies.
When Mr. Cocks was appreached by Chairman Kujawski as to the
possibilities of changing the direction of the floating dock
from a North/South direction to an East/West direction, to
minimize dock space in the creek, Mr. Cocks advised me of
this change, and I agreed to it. My intention is to have
the dock for my tenants use and eventually my use.
I realize that this is a residential neighborhood, and
have no intentions of changing it into a commercial marina.
Ali Agarabi
AA/mb
Zara Benz
11 Highland Place
Great Neck, N.Y. 11020
(516) 829-5457
August 9, 1989
Town of Southold Trustees
Main Road
Southold, N.Y. 11971
Re: 575 Westview Drive
Mattitack, N.Y. 11952
Gentlemen:
I am the owner of the above referenced house. Over the Fourth of
July weekend I gave permission to three boat owners to tie up
their boats at my dock. I did not receive any form of compensation
for the use of the dock.
The dock is currently being used by a tenant of 265 Westview Drive,
Mattituck, N.Y. 11952 with my permission. I am allowing him to use
tie up at my dock until such time as the dock is approved and constructed
at 265 Westview Drive, Mattituck, N.Y. 11952.
The dock is not currently used for commercial purposes and was constructed
for my own personal use.
Should you have any questions, please feel free to call
me.
Sincerel~
ZB:js
0810892.1tr
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICANTS
FOR A PERMIT UNDERTHEWETLANDS ORDINANCE OF THE TOWN OF SOUTHOnn. I HAVE
AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES AND AN AFFIDAVIT OF
PUBLICATION FROM THE LONG ISLAND TRAVELER WATCHMAN. PERTINENT
CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC.
7:30 P.M. HEARING IN THE MATTER OF THE APPLICATION DON~nn COCKS ON BEHALF
ALI AGARABI.
FRANK KUJAWSKI: The first is in the application of Donald Cocks on behalf
of AliAgarabi to construct catwalk, ramp and floating dock at property
located a 265 Westview Drive, Mattituck, N.Y. The Board was in this
area. We had some incorrect information on the pe£mit and we went to 365
Westview Drive. At any rate we went back to the correct location and met
with the resident and inspected the area. This does seem to be in keeping
with the neighborhood. Does anyone have any co,t,,ents either for or
against this application? Please identify yourself.
MR. McGINTY: My name is Mr. McGinty, I own the property adjacent. I do
not oppose the dock in question if it is to be operated in the manner
indicated in the application ...the application suggests use by the
owner...and I in no way wish to impede this. The concerns springs from
observation of three other docks on the north side of the creek facing the
marina. It is my understanding that these are properties owned by Mr.
Agarahi or his close relatives. Presumably the applications for these
docks indicated the same use as the application being considered this
evening. Two of these docks appear to be operated as annexes to the
marina. There has been no activities for the two weeks preceding this
hearing, but during the July 4th weekend, since the end of June, boats
were moved quite openly not under their own power but were moved by marina
personnel using the marina's work boat. During the July 4th weekend,
there were two boats at one dock and three at another, these boats were
moved back to the marina after the holiday. It appears that they make
room at the marina bymoving the boats to docks on the other side. Please
understand that I do not wish to impede this application, I and my
neighbors and I are really concerned that we are or appear to be
surrounded by an ipso facto change of zone, one that could have very
damaging effects on property values and their sale ability... If this
dock going in is to be used by the tenant or owner, we have no objection
what so ever, but we are concerned that this is not the case.
FRANK KUJAWSKI: Okay, thank you. Just as a co~u.ent, I had heard a rumor
if you would, about what you have brought to the Boards attention
tonight. I confronted Mr. Cocks on this and said that there is going to
be some problems with zoning and so on if this is the case and he assured
me it was not. I can't say that I am terribly surprised about what you
have brought to our attention. Kent, do we have any legal recourse about
boats from a co,,.ercial area being moved and placed on private property?
KENTMC CARTHY: You can have two boats other than your own.
HENRY SMITH: If he indeed did move two boats there other than his own or
if he plans to put two other boats at this dock other than his own, he is
perfectly legal to do so. As long as he did not have over two other boats
there that were not his own boats, he is still legally doing this.
FRANK KUJAWSKI: To be honest with you, this is one section of the code
that really needs to be looked at quite seriously. It might have worked
alright a few years back but with what is going on today in the creeks and
the number of boats that we have in there, I am not so sure a property
owner should be able to put in five boats but were saying that you can own
three boats and you can put two more boats in there and, you've got five
boats, almost a mini marina in some cases. I think we should look at the
Code again.
HENRY SMITH: Well the owner of the property has to own all the boats
except two.
FRANK KUJAWSKI: But, they can own three. I am not so sure that we
shouldn't look at that in the code again. I will discuss this with the
Town Attorney to find out if we do have any recourse if nothing more than
possibly, at the least, a letter to Matt-A-Marr telling them that we are
aware of this type of activity and that it is not pe£mitted within our
zoning regulations and that we will be watching it for the future. At
least, to let them know we are on to something like this. I would say
that if you notice this type of activity again, the best thing to do, I
think would be to contact the Police Station and ask that one of the Bay
Constables come down and take a look.
BARBARA REITER: My name is Barbara Reiter and I live adjacent to one of
Dr. Agarahi's properties.
FRANK KUJAWSKI: Who do we owe and apology to about the yellow sign? Is
that you sir? I would apologize for the sign being put in the wrong
place?
BARBARA REITER: Who is going to stop Dr. Agarahi or his family from
renting their docks to other people? Who is going to monitor that? And I
'd also like to know if I have to hire a patrol to keep my property free
of any trespassers, I wrote that in one of my letters.
FRANK KUJAWSKI: If you would like to lease out your dock, you need to
have the proper zoning to do that. That is operating a business. That is
against the law. I think you can report it to our office. You are
allowed to have two other boats other that you own, but you are not
allowed to accept fees for it or to charge fees.
HENRY SMITH: Well, when this was written up originally, it was stated
that you could.have two other boats other that your own on a dock on
private property and you could charge fees for those two boats. I do not
know who that they would be paid to or what...
FRANK KUJAWSKI: I believe you are wrong about that Henry. Kent, would
you like to fill us in?
KENT MC CARTHY: We had a problem in Deep Hole Creek with Sea Tow.
HENRY SMITH: They were co~f~,ercial boats on a non commercial dock. They
were running a business out of there, so that is under the zoning, its
like if I wanted to open a plumbing shop out of my house, that would be
illegal. I can live there,'but I can not run a business there legally.
That's what Sea Tow was doing, running a commercial business on a piece of
residential property.
JOHN BREDEMEYER: Okay would that stand to be if Agar-hi business is a
commercial venture, now expanding on to residential property...
FRANK KUJAWSKI: It can not expand.
JOHN B~RDEMEYER: What I am inferring that now he is taking a commercial
venture and expanding it on to residential property, it seems that he has
crossed the line.
HENRY SMITH: I would say if these people using the docks pay a fee to
Matt-A-Marr Marina then that would be illegal.
HELEN REITER: Well, suppose they pay it to him personally? He owns the
marina.
FRANK KUJAWSKI: Either way, its the same idea, I think.
HENRY SMITH: I don't know. It would be a hard thing to prove in court I
would think.
FRANK KUJAWSKI: I will follow up and I will contact you with what I find
out.
BARBARA REITER: Is there any way of amending the law?
FRANK KUJAWSKI: Oh yes. What has to happen is it goes back to the Code
Committee, which is a branch of the Town Board, if they agree that either
a modification is needed or a new law or an amendment to one or something
that might just take, for instance, into account, this kind of situation
it goes in front of the Town Board to a public hearing and then adoption.
There is a waiting period for the Secretary of State of sign it.
JOHN BREDEMEYER: This is such an unique thing the act of taking it from a
commercial marina where it had already been there to the private facility
maybe a key in this whole thing and it may not require special action
other than enforcing existing laws and rules, because I'm sure Mr. McGinty
and others would like to have quests with boats at their docks and we do
not want to put ourselves in a position that a homeowner can't have his
friends come along and use his own dock. Maybe this is something that
when we could talk about to the Town Attorney we can find out a clear cut
way to go with what's happened already and just head this off at the
pass.
HENRY SMITH: Were there people sleeping on these boats or were there
just boats there? It gets to be quite tricky with changing the law,
because say you have your dock there and have company coming and they are
coming by boat, we want to have it so that they could tie up to your dock
for the weekend and visit you and things like that.
FRANK KUJAWSKI: Well we are certainly talking about a little bit of a
different situation. Yes.
ROBERT SCHNEIDER: My name is Robert Schneider, I live at 535 Westview
Drive, right next door to 575, one of Dr. Agarabi's properties. There
were three boats parked at Dr. Agarabi's property over the July 4th
weekend and I too have a picture of that that I would like to submit to
you. Rather than go through a whole story, I would like to reenforce what
has already been said and point out that this co~m,~ercialization of a
residential area goes beyond boats parked at the dock. Last Saturday
between 9 AM and 5 PM I documented 22 announcements over the p,,hlic
address system at Matt A Mar Marina that just carried right across the
water in a very inconsiderate way, towards the people who live there.
There are other ways of co,m~,unicating with the staff. If Dr. Agarabi and
his staff need to communicate with one another, I can understand in the
event of an emergency it might be necessary to do that on a pnhlic address
system. I don't know if he is breaking the law or if he is not, but it
certainly is an intrusion on our privacy and it has been pointed out to
him, on numerous times, and no action has been taken. In fact the people
have become nasty when we call them now, to ask them to cut back on
announcements over the loud speaker such as "would so and so please go
the gas pumps", these are the kinds of announcements that we are listening
now to many times, particularly on the weekends. Last s~m,er we had, by
the way, during the times that these three boats were at the dock, right
next door to my house, there was seemingly nobody even living in the
house. There are now residents in the house... Going back to last
when the house was rented, people who lived in that house thought that
they had access to my dock and my property, in fact, they put their beach
chairs out there and had their parties and guests sitting on my dock, so I
am quite discouraged and not just the boats but I think that the boats
symbolize another kind of actions that I think become intrusive on what
used to be a residential block. Thank you.
FRANK KUJAWSKI: Did you catch that? There is a top end to how many boats,
A maximum number of boats that can be kept there. So again if you see
boats being moved over to make more room for slips to be rented, that is a
violation.
JOHN BPR~EMEYER: How is that going to be a violation? If he doesn't
exceed in the marina and he only has two other docks, then the question is
still, you are saying that it is an extension of the marina operation.
FRANK KUJAWSKI: Yes, especially if they come over.
~T.RERT KRUPSKI: So what is going to happen?
FRANK KUJAWSKI: I am going to go to theTown Attorney and explain what is
going on and at the minimum I will direct a letter to them notifying them
that we are aware of this kind of activity, when it occurred and that we
regard this as as violation of a zoning regulations and an expansion of
marina activity, and that it should cease.
BARBARA REITER: It is also a violation of quiet enjoyment.
FRANK KUJAWSKI: Yes, I know. This has been a ten year, this has been
going on for a million years. Yes sir?
F~RD PV~GENEWSKI: My name is Fred Rengenewski and I am President of
Browers Woods Association, we have heard from the i~,~f, ediate neighbors of
Dr. Agarabi, and I would like to speak for the remainder of the people.
I would like to give you a little background. This organization was
practically defunct.., for about four or five years. This became
revitalized with the so called shed that Matt-A-Marr put up. We increased
our dues five fold and yet have gotten a 30% increase in membership. I
would indicate that because it shows a concern by the residents of Browers
Woods of what they feel is an encroachment of c~,u,,ercial interest into a
residential area. Just this afternoon I spoke with another marina
operator who has boats for sale on the creek. He owns the home, but there
are boats advertised for sale with the phone listing of the marina. I
spoke to him about it and he feels that he is not doing anything wrong. I
would expect that you will be hearing from us more formally about that
situation also. Overall, it is just showing a constant little by little
encroachment on what we feel is a beautiful residential community and we
do not want to see it ruined. Thank you. FRANK KUJAWSKI: Okay, you have
certainly going to give us something to do.
DAN ROSS: I was wondering if there is anyone here to speak in favor of
the application.
FRANK KUJAWSKI: I don't know but I was about to ask.
DAN ROSS: My name is Dan Ross and I am a resident of the Browers Woods
area and in te£ms of whether this is an allowed use, the use by
Matt-A-Marr parking the boats in a dock that comes out of a residential
area whether it is legal or_not. I do not think there is any question of
this as a co~f, ercial use in a residential zone. I don't think there is
any question as to what is going on. I have heard a number of people
testify and there are pictures there. I think on that basis alone the
present application should be denied, but in addition we're aware of
another situation that is existing at the marina, where the building was
built and according to the ZBA it was built without the proper permits.
Now this Board has refused to consider applications in the past when there
are outstanding violations from other Boards and agencies and I would
suggest that this Board take that same position in respect to this
situation. I think it is wanted by t~e situation that is existing now and
the pnhlic attention to this matter until they have, in effect cleaned up
the act, I don't think this Board should be considering or granting
applications by them, their managers and their principles. As far as we
have noticed, it has been suggested that if we notice this type of
activity, if it goes on in the future, we should notify the Bay
Constable. This is notice. Its going on right now and we are telling you
now that Matt-A-Marr is using residential docks they bring boats across
and then park them there. We feel this application should be denied.
FRANK KUJAWSKI: Mr. Ross, are you representing just as a resident?
DAN ROSS: As a resident, not as an attorney.
FRANK KUJAWSKI: Fine, thank you. Is there anyone else who has any
co~,ents regarding this application?
MIKE MOONEY: Mike Mooney, North Fork Waterfront Contractors. I am here
not to speak for the owner, but the gentleman who is leasing the
property. Two weeks ago on Sunday we had the torrential rain, I had been
in the area doing work, he had been moving his boat slowly along as
everybody brings their boat out to tie up on the different docks there. I
put the new dock down there just recently, yeah it is low tide there and
the heavy rain he's always out trying to take care, and he has to walk
down quite a distance, he does have the batteries and stuff in the boat.
He has been able to save it the last couple with the rain we have had a
night, but two weeks ago the boat did sink, because again it rained in the
middle of the night and it wasn't where he could easily get to it and take
a look at it. The man enjoys his boat. The way Don already has
repositioned the dock, you can only tie the one boat there. There is
nothing that, you know, the guy is not going to move his boat around if I
have somebody else's boat there. That is a condition of the leasing the
house. Its not that they are going to be moving this guys boat around and
bring in the other boat, and its at the shallow end towards the bridge
there. Unless its high tide you won't be able to get a big boat in there
anyway. He is going to sit on the bottom now at a good low tide and with
an outboard. I can't see any reason why not to let this man put a dock
in. Its for his use as a private person.
MR. MC GINTY: I have a point to raise. He is a very nice fellow, a good
neighbor, I want to see him get the dock almost as much as he does, but
before we are considered unreasoDahle, I have to make the point that his
boat was moved and he did have to traverse my property, ..... and Mr.
Schneider's property, and no one objected to that and we certainly welcome
him to do so, we are not being unreasonable.
FRANK KUJAWSKI: Do you agree with the position of Mr. Ross that this
application should not be granted then for that dock?
MR. MC GINTY: I have to tell you that I am concerned about this.
FRANK KUJAWSKI: I think this Board is concerned too. I am not sure we
should hold this application hostage for cooperation. You have got us at
a loss here, because we do not have an attorney. I understand what you
are saying and I know that this Board has held up things before when
there are problems. There aren't any violations with this Board. There
are violations, I guess with the ZBA and.
DAN ROSS: Matt A Mar, and I believe that this application is filed by
Donald Cocks, is that correct, and not by the tenant, I believe the
property is owned by Agarabi, I don't think there is any question as to
who dock.., and as far as violations with this Board, this Board has
recognized violations existing in front of other Boards before, and the
building department file reflects that the building they put up is 65 '
from the bulkhead, so whether there is an outstanding violation with this
Board or not, I think there is no question that there is a violation when
you look at the Code and when you look at the survey, that there is a
violation.
FRANK KUJAWSKI: We have been down there several times trying to find this
violation and we have not found it yet, because of the retaining wall.
The 65' distance becomes moot when it is behind a retaining wall or a
bulkhead. DAN ROSS: That isn't the experience generally, that the
Trustees jurisdiction has been cut off, such as the DEC jurisdiction has
been cut off, by the existence of a bulkhead or retaining wall. I don't
think there is any question that the wetlands comes right up to the
bulkhead and that the building is 65' from the bulkhead. It is still
within 65' of the wetlands.
FRANK KUJAWSKI: I don't think we will argue that point, but we have taped
it off from mean tide which is our 75' distance and, I do not see that.
JOHN BREDEMEYER: Our jurisdiction starts at the high marsh range.
FRANK KUJAWSKI: Well, that particular corner that is 65' I don't believe
you could justify marsh there.
DAN ROSS: Am I to understand that the Trustees are not going to exercise
jurisdiction behind a bulkhead?
FRANK KUJAWSKI: No, we have arrived at a situation with the ZBA that
there is, if I can explain this properly without Mr. Schondebare here, and
I'll try, that there is a dual jurisdiction, an overlapping jurisdiction
between the ZBA and the Trustees, which, it was felt, created some legal
problems. So to resolve the fact that an applicant may have to two Boards
looking at the same situation, distance from the wetlands and distance
from water, we had arrived at an agreement with the ZBA that if the
property was not bulkheaded, and the activity was within 75', the Trustees
would be the lead agency and review the application. If the property was
bulkheaded ...at least we will inspect and issue a waiver if we don't feel
that there are any environmental concerns. That is the point we are at
now, is that they are basically the main agency reViewing these projects,
but we are looking at them also at least in the point of view that will
this activity cause any destruction to the wetlands or harm to the
environment?
DAN ROSS: This is somewhat confusing, at least it would be to the public,
because the Code does not say anything about bulkheads, it says 75' and my
experience before this Board has been that bulkheaded or not bulkheaded it
does not effect the 75'. Second, as far as I know, no waiver was ever
requested or ever granted by your Board. Third, since we have a
representative of the applicant here tonight, possibly he could answer
questions regarding the use of the other docks by Matt A Mar. That's why,
before I spoke, I wanted to know, if a representative was here so you
could direct questions to him.
FRANK KUJAWSKI: Mike, are you representing the applicant?
MIKE MOONEY: No. I am just the builder, that's all.
FRANK KUJAWSKI: Is there anyone else who has any co~m.ents on this
application ?
JOHN HOLZAPFEL: As far as the dock there is no problem at all,
environmentally and... We do not have a problem.
BARBARA REITER: Is there any way you could restrict the usage of that
dock to the tenant or one who resides in that house?
JOHN BREDEMEYER: We could try. We could put the applicant on
constructive notice. We can get him with one violation and revoke the
permit and we will pull the dock out. You have got a Code, you have a
right to revoke on Town bottom and make it very clear if we feel we have
to give them a permit, and I am not convinced that we have to give them a
pe£mit, if you have to give them a permit, put them on constructive notice
as to what the provisions of the law are. Maybe wait and get spelled out
by the Town Attorney, and put him on notice, and bring him in for a
hearing or such legal action as...
FRANK KUJAWSKI: Well, I would like to discuss the whole situation with
Mr. Schondebare before we move ahead with the permit.
HENRY SMITH: I am not ready to move on this tonight.
JOHN B~W~EMEYER: I am not ready to move either.
FRANK KUJAWSKI: Does anyone have any further co~u,ents? Mrs. Wacker?
RONNIE WACK~R: I cannot speak directly for this application but I do want
to say that the North Fork Environmental Council is very concerned about
the commercialization of the residential properties by marinas, and the
skipping over of the properties from the marinas to the property that the
marina owner has bought. This is one of the major points of a lawsuit
that we have against the Town right now. We feel that the zoning
amendments that were recently enacted do not protect residential property
owners in proximity to marinas sufficiently. We are hoping to correct
that.
FRANK KUJAWSKI: Anyone else in the audience with any co~t,.ents? No.
Motion to Close made by John Bredemeyer, second by John Bednoski, Vote of
Board: Ayes; All. No the hearing is not recessed, there will not be a
motion as far as the pe£mit goes. The decision on the permit will wait
until we get some more information.
7:31 HEARING IN THE MATTER OF THE APPLICATION OF EN CONSULTANTS ON BEHALF
OF BARBARA BURKE.
FRANK KUJAWSKI: The next hearing is in the matter of En Consultants on
behalf of Barbara Burke to construct 120' retaining wall and fill with
approximately 200 cu. yds. clean sand at property located at 1150 Blue
Marlin Drive, Southold, NY. The Conservation Advisory Council
were that it was disapproved. I guess you pointed out before that this
was not an unanimous vote. Let's find out from the public if there is any
comment either for or against it.
BARBARA BURKE: I am Barbara Burke. I do not know about environmental
conservation or anything. All I know is that all along the strip of Blue
Marlin Drive where there are homes, every home from what I can see, with
the exception of one, has a bulkhead. All around is bulkhead and I just
do not understand why there is a problem with granting a bulkhead. I am
not very knowledgeable about these things, but as I travel around
Southold, there are bulkheads everywhere and I would ask myself why,
because these people want to protect there property. I bought the house
two years ago with the understanding that we could protect our property by
obtaining a bulkhead. This was my husbands last wish and that is why I am
Town of Southold Trustees
Southold Town Hall
Main Road
Southold, N.Y. 11971
Dear Trustees:
I am the owner of the property located at 365 Westview Dr.,
Mattituck, N.Y. The house is currently rented to R. Spies,
who had taken the rental with the understanding that I
would pursue a permit for the installation of a catwalk,
ramp and floating dock.
My agent in seeuring the permits, Mr. Donald Cocks, complied
with all the necessary paper work to all the required agencies.
When Mr. Cocks was approached by Chairman Kujawski as to the
possibilities of changing the direction of the floating dock
from a North/South direction to an East/West directioD, to
minimize dock space in the creek, Mr. Cocks advised me of
this change, and I agreed to it. My intention is to have
the dock for my tenanSs use and eventually my use.
I realize that this is a residential neighborhood, and
have no intentions of changing it into a commercial marina~
Ali Agarabi
AA/mb
Zara Benz
11 Highland Place
Great Neck, N.Y. 11020
(516) 829-5457
August 9, 1989
Town of Southold Trustees
Main Road
Southold, N.Y. 11971
Re: 575 Westview Drive
Mattitack, N.Y. 11952
Gentlemen:
I am the owner of the above referenced house. Over the Fourth of
July weekend I gave permission to three boat owners to tie up
their boats at my dock. I did not receive any form of compensation
for the use of the dock.
The dock is currently being used by a tenant of 265 Westview Drive,
Mattituck, N.Y. 11952 with my permission. I am allowing him to use
tie up at my dock until such time as the dock is approved and constructed
at 265 Westview Drive, Mattituck, N.Y. 11952.
The dock is not currently used for commercial purposes and was constructed
for my own personal use.
Should you have any questions, please feel free to call
Sincerel~
ZB:js
0810892.1tr
FRANK A. KUJAWSKI, JR., ~
ALBERT J. KRUPSKI, JR., Vice-President
JOHN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
July 31, 1989
TELEPHONE
(516) 765-1892
Mr. Donald Cocks
PO Box 1253
Mattituck, N.Y. 11952
Re: Ali Agarabi/Matt A Mar Marina
Dear Mr. Cocks:
Please be advised that the application of Ali Agarabi for a ~ock at
265 Westview Drive, Mattituck, was Tabled at our July 27 meeting.
Residents of the area have expressed concern about the incidence of
boats being moved, on several occasions, from the marina to residential
docks. We were also presented with photographs showing this activity. I
am sure that you are aware of restrictions preventing the expansion of
commercial activity into residential areas.
The Trustees would like to be assured that this type of activity will
cease before approving any additional docks in this area.
FAK: jas
cc:
Trustees
Town Board
Town Attorney
Mr. Mc Ginty
Ed Boberg
ZBA
Planning Board
Sincerely,
Frank A. Kujawski, Jr.
President
Boar of Trustees
July 5, 1989
Donald P. Cocks
P.O. Box 1235
Mattituck, New York 11952
Department of the Army
New York District
Corp of Engineers
26 Federal Plaza
New Yorkt New York 10278
RE Appliaation #88-1599-L2
Agarabit Ali
Agent Don Cocks
TOWN OF &OU:J'J-;~D
Dear Mr. Infurna:
Please find revised prints (2) showing a change in the direction
of the floating dock. Now the 6'W x 20'L float (length wise) is
going east to west in Mattituck Creek (AKA Long'Creek). This
adjustment in the direction of the dock is made as per the Town
of Southold Trustees request.
Very truly yours,
Donald P. Cocks
July 5, 1989
Town of Southold
Village Trustees
Souhold, New York 11971
Attn: Frank Kujawski
Dear Mr. Kujawski:
Please find enclosed some revised copies of section and property
maps showing the 6' x 20' floating dock heading in new direction,
now lengthwise from east to west. Could you please include this
in your next meeting for consideration this months, as my contrator,
North Fork Constru¢iton is presently in the area and could commence
work if approval is rendered. If the trustees need any additional
information, please call me.
Thanking you in advance,
Donald P. Cocks,
Agent for Alt Agarabi
P.O. Box 1235
Mattituck, New York 11952
'Tarn Cle.~ SouthoiJ
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1892
December 26, 1985
Mrs. Judith T. Terry
Southold Town Clerk
Southold Town Hall
Main Road
Southold, New York 11971
Dear Judy:
Transmitted herewith is the action taken by the Board
of Trustees at their regular meeting held on December 26, 1985
regarding the wetland application of Matt-A-Mar Marina:
RESOLVED to recommend to the Town Board Disapproval on
the application of Matt-A-Mar Marina because of the agreement
that was made several years ago not to expand. There was an
illegal retaining wall put in, .in an intertidal area where the
wetlands were damaged and had to be restored. Rather than issue
a violation, the Trustees accepted the contractors interpretation
that no application was necessary. An agreement was then signed
that no dredging would be done on the South side. There is no
need for a dinghy dock. At low tide there is no water there.
The lighting and safety requirements will effectively remove the
whole cove to wildlife feeding at night. The measures for
mitigation did not include to bring the people to and from the
boats, by launch.
Trustee Smith will give a presentation to the Town Board
at 11:00 A.M..
Very truly yours,
Henry P. Smith, President
Board ~f Town Trustees
Ilene Pfifferling
Secretary to Board
HPS:ip
BARBARA A. REITER
P.O. Box 1154
Manituck, LI., N.Y. 1 lq52 ,
(~16) 298.024}
20 December 1988
U. S. Army Corps. of Engineers
New York District
26 Federal Plaza
New York, New York 10278
Attention: Regulation Branch
Re:
Public Notice No. 13529-88-1599-L2
Published 8 December 1988
Expires: 9 January 1989
Gentlemen:
The undersigned strenuously and' vehemently objects and opposes applica-
tion submitted by ALI AGARABI for the following reasons:
1. He is NOT a resident of Mattituck and certainly NOT of Westview
Drive;
He owns and operates a Marina directly across from Westview Drive
and site of prgposed dock;
Applicant owns a res~e ncc west of proposed site that already has
docking facilities (more than one watercraft was docked there this
past summer);
Site of proposed dock has been rented to employees of a horse farm
since it was acquired. Is this to be another site where the over-
flow from the Marina will be accommodated?
By approving a dock with the dimensions stated, passage of other
small watercraft owned and operated by residents east of site would
be hindered;
With a docking facility of the size stated, would it not mean that
Long Creek would have to be dredged?
Our remaining wildlife have already been disturbed by the noise of
the engines of watercraft and the overpowering noise of the"music"from
the Marina. Our wildlife breeds around and in these waters. Dredging
means disrupting their nests. The waters are polluted now from the
refuse from the Marina and the waste materials from the boats docked
at the Marina. Are we to threaten our wildlife further? WE WANT OUR
WILDLIFE PROTECTED.
Docks encourage intruders. Will we residents have to hire a patrol
to protect our property? Will the government pay the charges?
Various fishing trawlers were sighted in the area this past summer.
Is this an indication that large craft might be brought into the area?
SUSPICIOUS.
U. S. Army Corps. of Engineers
Page 2 of 2
20 December 1988
10. The applicant has informed various residents that if they hear of
any waterfront property for sale in the area to advise him as he
interested. There is no doubt that he eventually intends to expand
his Marina to the east of the present location and to the north
along Westvie$.D~i~.,~WE ARE IN'A RESIDENTIAL AREA. WE DO NOT WANT
FURTHER
11. By the way, what is a"recreational vehicle"? Does this mean an am-
phibious vehicle, a barge or a small boat?
THE APPLICATION SUBMITTED BY ALI AGARABI IS DECEPTIVE. THIS IS MERELY
A PLOY. THIS APPLICATION SHOULD BE DENIED FOREVER.
Very truly yours,
Barbara A. Reiter
bar/~/~
cc: ~ Mr. Frank Murphy, Town Supervisor
Planning Board - Town of Southold
Mr. James Klein, President, Brower's Woods Association
Mr. Gerald T. McGinty
Mrs. Maryanna Smith
via Certified Mail #P789-700-526, RRR
New York District
~6 ~de~al Plaza
~--'a~ York, N.Y. 10278
ATTN: REGULATORY BRANCH
Public Notice
In reolylflO fofe~ to:
Public Notice No. 13529-88-1599-/2
Published: 8 DEC 88 Expires: 9 JAN 89
To Uhon It Nay Concern:
Thio District has received an ·ppZlc·tion for a Depart--nC of the Army
permt jmrsuant to
~ Section lO of the River and Harbor Act of 1899 (33 U.S.C. 403);
~/~ Section &O& of the Clean Water Act (33 U,S,C. 13&4),
APPLICANT: Ali Agarabi
306 Prospect Avenue
· Sea Cliff, New York 11579
ACTIVITY: Construct a timber pier assembly and float
WATERWAY: Long Creek, Mattituck Creek
LOCATION: Nattituck, Suffolk County, New York
A detailed description ·nd plans of the applicant's activity are inclosed
to assist in your review,
The decision ~ether to issue a permit will be based on on evaluation of
the probable impact including cumulative impacts of the activity off the
public interest. That decision will reflect the national concern for both
protection and utilization of important resources. The benefit which
reasonably may be expected to ~..crue from the activity must be balanced
against its reasonably foreseeable detriments. Ail factors which Bay be
relevant to the activity will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics,
general environmental concerns, wetlands, cultural values, fish ·nd
wildlife values, flood hazards, flood plain values, land use, navigation,
shoreline erosion ~nd accretion, recreation, water supply ~nd conservation,
water quality, energy needs, safety, food production ·nd, in Eeneral, the
needs and welfare of the people.
ATJ. CO~ENTS ge~ARDING THE PERHITAPPLICATION MUST BE PREPARED LN WRITING
AND M~!~£D TO u~ACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICEI
otherwise' it will be presumed that there ·re no objections to the activity.
Any person my request, in writing to the 'district engineer, before this
public notice expires, chat · public hearing be held to collect lnforwation
necessary to consider this application. Requests for public he·rings shall
state, with particularity, the reasons uhy · public hasting should be held.
It should be noted that information eub~ttted by Bail i$ considered JuSt ne
carefully Xn the permit decision process and basra the same uwight as that
furnished et · public hearing.
NANY FL-129
Regulatory Branch .
Public Notice#o. 13529-88-1599-L2
Pursuant to section 7 of the Endangered Species Act (lb Ii.S.C. !%31] and
based upon a review of the latest published version of the threatened and
endangered species llatin8, a preliulnnry determination is that the
actlvlty under conslderntlon ~r111 not affect those species listed or their
critical habitat.
Based upon a review of the latest published version of the National
Register of Historic Places, there are no known alien eligible for or
included In the Register within the permit area. Presently unknown
archeologlca~, scientific, prehistorical or historical data my be lost by
york accomplished under the required permit.
Reviews of activities pursuant rs Section ~0~ of the Clean Mater Act
lnclnde application of the guidelines promulgated by the Aduinistrator,
U.S. Environmental Protection Agency, under authority of Section &Ok(b) of
the Clean ~ater Act and the applicant will .brain a water quality
certificate or waiver from the appropriate state agency in accordance utth
SecClon 601 of the Clean ~ater Act prior to n permit decision.
Pursuant to Section 307(c) o~ the Coastal Zone Hanagement Act of 1972 as
a~ended (16 U.S.C~ 1~6(c)), for activities under consideration that are
located ~1thin the coastal ~one o~ a state ~lchhas a federally approved
coastal zone mnageuent program, the applicant has coFtl[led in the permit
application chat the activity complies vlth and will be conducted in a
manner that to consistent w/th the approved state coastal zone ~anagement
program. By this pdblic notice, ue are requesting the scarers concurrence
with, objection to, or waiver of the applicant's certification. No permit
decision vtll be mdc until one of these actions occur. FOr activities
within the coastal zone of He~ York State, the appltcantta certification
and accompanying Imf.marion is available from, and any comments on, should
be addressed to the Hew York State Department of State, Division of Local
Government and Community Services, Coastal Hanagement Program, 162
aashington Avenue, Albany, Hew York 12231 Telephone (~18)
In addition to any required aster quality certificate and coastal zone
management program concurrence, the applicant ha~ obtained or requested the
following governmental authorizations ~or the activity under consideration:
Town of $ou~h0]d Permit
New York Sta~e Depar~men~ o~ Environmental C0nserva~on T~da~ act]ands
Pe rm~ ~
Ir is requested chat you communicate the foregoing information concerning
the activity to any persons known by you to be interested and who did not
receive,a copy of this notice.
If you have any questions concerning this application, you may contact this
office at t,?~phone ¢212) 2~- 3912and ask for Nc. H~chae]
2 Inc18:
1. Description oI ~ork
2. Drawing(a)
~arion L. Caldwell, Or.
Colonel, Corps of Engineers
District Engineer
NAN¥ FI.-129-1
CENAN-OP-RE
APPLICATION NO. 88-1599-L2
PUBLIC NOTICE NO. 13529-88-1599-L2
DESCRIPTION OF WORK
The applicant, Ali Agarabi, requests Department of the Army authorization
to install a floating timber pier assembly in Long Creek, Mattituck
Creek, at Mattituck, Suffolk County, New York for the stated purpose
of providing a mooring area.for his recreational vessel.
The work would involve the construction of a timber pier and float
assembly consisting of a 4 foot wide by 60 foot long fixed pier elevated
a minimum of 4 feet above the grade of the marsh, a 4 foot by 16 foot
ramp and a 6 foot by 20 foot float, the float to be secured by two
12 inch diameter mooring piles.
WAI[qvlLL(
~~o~4
I
%
%
GAlL S. SHAFFER
SECRETARY Of STATE
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, N.Y. 12231 -OO01
Mr. Donald Cocks
P.O. Box 1235
Mattituck, NY 11952
October 5, 1988
Re:
F-88-637 ~'
U.S. Army Corps of Engin.eers/New York
District.Permit Application -
(Ali Agarabi)
Town of Southold
Request for Additional Information
Dear Mr. Cocks:
Pursuant to 15 CFR 930.58, the following data and information is necessary
to enable the Department of State.to adequately assess the coastal zone effects
of this proposed project.
1) Please submit recent, £1ear photographs of the project area showing
the location of the proposed dock, ramp, and float.
2)
Please provide a copy of the Corps of Engineers application including
the application supplement.
3)
In regard to sheet 2 of 4 of the plan drawing, the marsh grass
Spartina alterniflora normally grows waterward of the mean high water
line, and landward of the mean low water line. Please locate the line
of mean low water on the plan drawing. Also, please clarify what the
dotted line (on sheet 2 of 4) represents, and indicate whether the
tidal wetlands vegetation at this site is S. alterniflora or S.
patens, or both. The catwalk should be raised at least 4' above
grade, since it appears to extend over wetlands vegetation; please
revise sheet I of 4 to reflect this concern.
Mr. Cocks
Page 2
Pursuant to 15 CFR 930.60(a), the review of your consistency certification
will begin after we receive and determine that the necessary data and
information is adequate to assess coastal zone effects.
Any additional information which you believe will facilitate our
consistency review of this project would be appreciated.
A copy of this letter has been sent to the U.S. Army Corps of Engineers.
Please call me at (518) 474-3642 if you have any questions.
Sincerely,
Michael Corey
Senior Environmental Analyst
MC:ng
cc: COE/NY District - Michael Infurna NYS DEC/Region I - Robert Greene
Town of Southold Trustees -.Eileen Pfifferling~
FRANK A. KUJAWSKI, JR., l:~esident
ALBERT J. KRUPSKI, JR., Vice-President
JOHN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
Mr. John Holzapfel, Chairman May 22,
Southold Town Conservation Advisory Council
Southold Town Hall
Main Road
Southold, New York 11971
1989
Dear Mr. Holzapfel:
Transmitted herewith is application No. 5-12-89-139-10-25 for'a
Wetland Permit submitted by Ali Agarabi.
Please prepare a written report of findings and recommendations
with respect to this application.
FAK: jas
cc: Bldg. Dep't.
Very truly yours,
Frank A. Kujawski, Jr.
President
Board of Town Trustees
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, 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 AND REGULATIONS GOVERNING THE
COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS
OF THE TOWN OF SOUTHOLD, AND THE ISSUANGE OF PERMITS PURSUANT
TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLDo
APPLICATION NO,/-/c~'~'~_~(''~'"t /_.~q./~.,~" DATE OF APPLICATION
IDENTITY OF APPLICANT_~t ~~l 6-71~'3~'~qqZ PHONE NO
TAX MAP NO. S~CTION 159 ~L0Cl<- lO LoT, ~-~
AGE NT~___~IlJ[!L~_~ Do,,=nuO CoctcD_
__Z~-_~LB3 PHO.E .o.___
PERMIT REGUEST£D TO_~::I~$T'ALL ,k},~,-~ C_l:~"cuFi.____L._~.~__l~._~mP
LOCATION OF PROPERTY FOR WHICH PERMIT
_~.e~zf_uc~ L.~, ~.y. I IqS~
HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION
C.E.:, .AY O..^".O.F.O.T,.G P.OPE.TY mm
S i ZE OF PROPOSED WORK Co~S~ZI~__~_~g__~'.~~_~O~T~ *~O~H ~ qt _
WIDTH ~IUI~
HEIGHT ABOVE HIGH
DEPTH BELOW LOW WATER
YARDS TO BE EXCAVATED
YARDS TO BE FILLED C~
WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY__~ }~0' ~--
DEPTH AT LOW. TIDE ~1 ~ ~
AVERAGE RISE IN TIDE ~a
DISTANCE TO THE NEAREST CHANNEL__~OC~I FT.
DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA
IS ~HIS FOR PRIVATE OR BUSINESS USE? ~Riv~ ~¢c~p~.x-~LO~~
AREA ZONING__ ('~.<.~_.~_Le_~_
FT.
MANNER IN WHICH MATERIAL WILL BE REMOVE~ OR DEPOSITED .... ~__..__
INTENDED USE OF PROPERTY ~C~].~.~_[,.,,_
DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE
AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT
STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER
ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL
DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE
PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF
THE PROJECT S ] TE I F NECESSARY 'I/~E ~---O~-~S't~I~ CJ Ik~
ICRO~ $~_~JD~Y____~_~CTi ~ .~_~_~P~TY ~ou~H ~~~E~DI~%~T~ To~
~ ~,~s -~o ~"b-~~-~ or ~ss ....
WRITTEN CONSEI~ OF THE OWNE][k. OF THE PROPERTY. IF NOT THE SAME AS THE
APPLICANT.
ARE THERE ANY COVENANTS (AR RESTRICTIONS IN YOUR DEED THAT WOULD
PROHIBIT THIS PROJECT? k30
1-1;16-4 (2/87~--Text 12 ~
PROJECT I.D. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1, APPLICANT/SPONSOR I 2. PROJECT NAME
I
3. PROJECT LOCATION:
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
5. IS PROPOSED ACTION:
[] Expansion
[] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
~'~ Co~s~'~oc~io~J
Rf~ n'~p
AMOUNT OF LAND AFFECTED:
Initially acres
Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[~Ves [] No If No, describe briefly
WHAT IS PRESENT LAND US~ iN VICINITY OF PROJECT?
C~Residentlal [] !ndustrial [] Commercial
Describe:
[] Agriculture [] Park/Forest/Open space
[] Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes [] No If yes. list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Ap..cent/,ponso, ri.me: ~'~O~R'--~-~ "g Coc~-s D~te:
If the action is in the Coastal Area, and you are a state agency, complete the I
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II--ENVIRONMP4TAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEE-~y TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FU~ BAF.
[] Yes [] No ....
S, WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration
may be superseded by another involved agency.
[] Yes [] No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
Cl. Existing air quality, surface or'groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly.
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly.
~
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS?
[] Yes . [] NO If Yes, explain briefly
PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise signifieant.
Each effect should be assessed in connection with its Ca) setting (i.e. urban or rural); Cb) probability of occurring; Cc) duration; Cd)
irreversibility; Ce) geographic scope; and Cf) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Name ;)f Lead Agency
trifle ol gespons~ble Officer
$~gnatute ot Preparer lit d~tferem from respon$;ble Olllcer)
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, N.Y. 12231 -OOO 1
May 2, 1989
Mr. Donald Cocks
P.O. Box 1235
Mattituck, NY 11952
Re:
F-88-637
U.S. Army Corps of Engineers/New York
District - Permit Application
#88-1599-L2
Ali Agarabi
Dehr Mr. Cocks:
The Department of State has completed its evaluation of your Federal
Consistency Assessment Form and certification that the above proposed permit
activity complies with New York State's approved Coastal Management Program,
and will be conducted in a manner consistent with this program.
Pursuant to 15 CFR Section 930.63, and based upon the project information
submitted, the Department of State concurs with your consistency certification.
This concurrence is without prejudice to, and does not obviate the need to
obtain all other applicable licenses, permits, and approvals required under
existing State statutes.
The U.S. Army Corps of Engineers is being notified of this decision by
copy of this letter.
Sincerely,
George R. Stafford
Director
Division of Coastal Resources
& Waterfront Revitalization
GRS:ak
cc: COE/NY District - Michael Infurna
Mohabir Persaud
95-20-6 (9186)--25c
DEC PERMIT NUMBER
10-88-1661
FACILITY/PROGRAM NUMBER(s)
NEW YORK STATE DEPARTMENF OF ENVIRONMENTAL CONSERVATION
PERMIT
Under the Envlronmental Conservation law
EFFECTIVE DATE
]]/]o/88
EXPIRATION DATE(si
12/31/90
A~licle 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:
Waler Transport
-- Article 15, Title 15:
__ Long Island Wells
Adicle 15, Title 27:
Wild, Scenic and Recreational
Rivers
6NYCRR 608:
Water Ouality Certification
Article 17, Titles 7, 8:
SPDES
Article 19:
Air Pollution Control*
Article 23, Title 27:
Mined Land Reclamation
r---~ Article 24:
Freshwater Wetlands
N--New, R--Renewal, M--Modification,
C--Construct (*0nly), O--Operate (*0nly)
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
Adicles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
PERMIT iSSUED TO
Ali Agarabi
ADDRESS OF PERMITTFE
306 Prospect Ave., Sea Cliff~ NY 11579
AGEN! FOR PERMITTEE/CONTACT PERSON
Donald Cocks, P.O. Box 1235, Mattituck~ NY 11952
TELEPHONE NUMBER
NAME AND ADDRESS OF PROJECT/FACILITY (If different from Permittee)
Mattituck Inlet Creek - Mattituck
LOCATION OF PROIECE/FACIUTYMat tituck j COUNTY Suffolk J TOWNIC,TYN,LtAGE Southold IUTM COORDINATES
DESCRIPTION OF AUTHORIZED ACTIVITY
3' above tidal wetland vegetation, ramp (4'x16'). and
Construct catwalk (4'x60'), _
floating dock (6'x20') to be secured by two pilings. Ail work shall be in
accordance with the attached NYSDEC approved plans.
GENERAL CONDITIONS
By acceptance of this permil, the permiltee aRrees that the permit is contingent upon sll'icl compli-
ance wilh the ECL, all applicable regulations and Ihe conditions specified herein or atlached hereto.
1 1'he permitlee shall file in the office of the appropriale regional permit administrator, or other office designated in the special conditions, a notice of intention to commence
work at lea,t 48 hour~ in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work.
2 1 he permitted work shall he subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so reqtJires pursuant to ECL §714~301 and SAPA §401(3).
3 ihe perminee has accepted expressly, by the execution of the application, the full legal responsibility for ail damages, direct or indirect, of whatever nature, and by whomever
suffered, arising out of the proiect described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of eve~ name and descrip-
lion resulting from the said project.
4 The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and. if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are round; or
b) the permit was obtained by misrepresentation or failure to disclose relevent facts; or
ct newly discovered information or significant physical changes are discovered since the permit was issued.
5. The permittee is responsible for keeping the permit active by submitting a renewal application, including any torms, fees or supplemental information which may be required
by the Department, no later than 30 days (180 days for SFDES or Solid or Hazarduous Waste Management permits) prior to the expiration date.
6. This permit shall not be construed as conveying to the applicant any tight to trespass upon the lands or interfere with the riparian rights of others in order to perform the
permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit.
7 The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may be required for this project.
8 Issuance of this permit by the Department does not. unless expressly provided for, modify, supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination.
9 Any modilication of this permit granted~by the DepaRtment must ~e in writing and attached hereto. '
11/10/88 Christine Costopoulos { r:,
· 95-20-6a (1/86) -- 25c ~
ADD;TIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34,
10. That if future operations by the State of New York require an al-
teration in the position of the structure or work herein authorized, or
if, In the opinion of the Department of Environmental Conservation 14.
it shall cause unreasonable obstruction to the free navigation of said
waters or flood flows or endanger the health, safety or welfare of
the people of the State. or cause loss or destruction of the natural
resources of the State. the owner may be ordered by the Department to
remove or alter the structural work, obstructions, or hazards caused 15.
thereby without expense to the State. and if, upon the expiration or
revocation of this permit, the structure, fill, excavation, or other 16.
modification of the watercourse hereby authorized shall not be com-
pleted, the owners, shall, without expense to the State. and to such
extent and in such time and manner as the Department of Environmental
Conservation may require, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable
and flood capacity of the watercourse. No claim shall be made against
the State of New York on account of any such removal or alteration. '17.
11: That the State of New York shall in no case be liable for any damage
or injury to the structure or work herein authorized which may be caused 18.
by or result from future operations undertaken by the State for the
conservation or improvement of navigation, or for other purposes, and
no claim or right to compensation shall accrue from any such damage.
12 Granting of this permit does not relieve the applicant of the responsi-
bility of obtaining any other permission, consent or approval from 19.
the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State
Office of General Se~ices or local government which may he required.
13 All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, leachate or any
36 and 6 NYCRR Part 608 ( )
other environmentally deleterious materials associated with the
project.
Any material dredged in the prosecution of the work herein permitted
shall be removed evenly, without leaving large refuse piles, ridges across
the bed of a waterway or floodplain or deed holes that may have a
tendency to cause damage to navigable channels or to the hanks of
a waterway.
There shall be no unreasonable interference with navigation by the work
herein authorized.
If upon the expiration or revocation of this permit, the project hereby
authorized has not been completed, the applicant shall, without exp~nse
to the State, and to such extent and in such time and manner as the
Department of Environmental Conservation may require, remove all or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration.
If granted under Article 36, this permit does not signify in any way
that the project will be free from flooding.
If granted under 6 NYCRR Part 608, the NYS Department of Environ-
mental Conservation hereby certifies that the subject project will not
contravene effluent limitations or other limitations or standards under
Sections 301. 302, 303, 306 and 307 of the Clean Water Act of 1977
(PE 95-217) provided that all of the conditions listed herein are met.
All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his agent as part
of the permit application.
Such approved plans were prepared by Donald Cocks
on_R/ lq,/RR . .
SPECIAL CONDITIONS
I. No dredging allowed.
2. Walkway to be constructed 3.0' above tidal wetland vegetation.
3. No construction debris/materials shall enter wetlands.
4. No disturbance to tidal wetland vegetation.
Supplementary Special Conditions (A) thru (J)~attached.
DECPERMITNUMBER
10-88-1661
~OGRA~FACILITY NUMBER [
N/A Page 2 of 3
COUNTY OF SUFFOLK )
STATE OF NEW YORK )SS:
BEING DULY SWORN DEPOSES
AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PER~ITS,
AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST
OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE IH THE
MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY
THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO
HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND
FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY
VIRTUE OF SAID PERMIT, IF GRANTED.
In completing this application I hereby authorize the Trusteesj
agent or representative to enter onto my property to inspect the
premises in conjunction with revie~~.~
SIGN~I~ O-'~F APPLICANT
EX~.MIN£D
APPROVED "WETLANDS" PERMIT (CHAPTER 97)
APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32)
DISAPPROVED "WETLANDS P£RMIT" (CHAPTER 97)
DISAPPROVED "BOATS,DOCKS, WHARVES" PERMIT (CHAPTER 32)
CONDITIONS, IF ANY
EXAMINING BODY
SIGNATURE OF CHAIRMAN
COMPUTATION OF FEES
5. 'A~proximate percc~.~ge of proposed project site with slopes: []0-10% I~ ~ O10-15% %
O15% or greater %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? []Yes
?. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0-1Yes ~]i~'No
8. What is the depth of the water table? '~Oj (in feet)
9. Is site located over a primary, principal, or sole source aquifer? I-lYes I~No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [~Yes
11. Does project site contain any species of plant or animal life that is identified as threatened or endangeredl
f-lYes ~J~lo According to '
Identify each species
12. Are there any unique or unusual land forms on the project site? {i.e., cliffs, dunes, other geological formations)
[~Yes ~[~o Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
f-lYes /~No If yes, explain
14. Does the present site include scenic views known to be important to the community?
[]Yes /~No
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tril~utary ~ II~i~
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name (T'~P~'I"iI"Of. Jc.. Ctf. j~l~_~ b. Size (In acres)
17. Is the site served by~xisting public utilities? ~es ~lNo
a) If Yes, does sufficient capacity exist to allow connection? I-lYes I-1No
b) If Yes, will improvements be necessary to allow connection? I-lYes [No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? []Yes I~No
19. Is tee site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 l-lYes I-INo
20. Has the site ever been used for the disposal of solid or hazardous wastes? [l-lYes 0-]No
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor o
b. Project acreage to be developed: acres initially;
c. Project acreage to remain undeveloped acres.
d. Length of project, in miles: (If appropriate)
e. If the project is an expansion, indicate percent of expansion proposed
f. Number of off-street parking spaces existing ~, ; proposed
g. Maximum vehicular trips generated per hour (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family
Initially
Ultimately
i. Dimensions (in feet) of largest proposed structure height; width;
j. Linear feet of f!~ntage along a public thoroughfare project will occupy
3
acres. . .
acres ultimately.
Condominium
length.
ft.
2. How much natura~-~naterial (i.e., rock, earth, etc.) will be removed from the site? ~c~ tons/cu'b~c ~yar, d?
3. Will disturbed areas be reclaimed? I-lYes ~Ho [~N/A
a. If yes, for what intendc~ purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? i-lYes
c. Will upper subsoil be stockpiled for reclamation? I-lYes 1~'No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ~ acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
I-lYes ~No - -
6. If single phase project: Anticipated period of construction I /,~1~ months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated I (number).
b, Anticipated date of commencement phase 1 '~I' month ~ ~'
c. Approximate completion date of final phase ,i month
d. Is phase 1 functionally dependent on subsequent phases? I-lYes
8. Will blasting occur during construction? I-lYes ~No
9. Number of jobs generated: during construction ~ ; after project is complete
10. Number of jobs eliminated by this project
11. Will project require relocation of any projects or facilities? I-lYes [~tqo If yes, explain
year, (including demolition).
year:
12. Is surface liquid waste disposal involved? i"lyes l~No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste d_isposal involved? I-lYes ,l~No Type
14. Will surface area of an existing water body increase or decrease by proposal?
Explain ~'~JqSfI~L~,R,~I~I~ ~)?~ ~ ~'1~ ~1~.L~C-~
15. Is project or any portion of project located in a 100 year flood plain? I-lYes
16. Will the project generate solid waste? i-Wes [~o
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? l-lYes
c. If yes, give name ;
d.
I-lYes
I-INo
E]No
location
Will any wastes not go into a sewage disposal system or into a sanitary landfill?
If Yes, explain
I-lYes
I-INo
17. Will the project involve the disposal of solid waste? OYes
a. If yes, what is the anticipated rate of disposal?
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? I-lYes ~o
/~No
tons/month.
19. Will project routinely produce odors (more than one hour per day)? E3Yes 'l~No
20. Will project produce operating noise exceeding the local ambient noise levels? I-lYes
21. Will project result in an increase in energy use? i-lyes ~No
If yes , indicate type(s)
22. If water supply is from wells, indicate pumping capacity ~) gallons/minute.
23. Total anticipated water usage per day C) gallons/day.
24. Does project involve Local, State or Federal funding? f-lYes
If Yes, explain
~No
4
· ~ 14-16-~ (2/87)--7c
617.21
Appendix A
state Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
SEQR
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent-
ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically e.xpert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be asst~red that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 an~( 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-
large 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 to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions'
Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 [:]Part 3
Upon review of the informatio~ recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
[] A. The project will not result in any large and important impact(s) and, therefore, is one which Will not
have a significant impact on the environment, therefore a negative declaration will be prepared.
[] B. Although the 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.*
[] 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
Name of Action
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Otficer
Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer)
Date
PART 1--PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determinin§ whether the action proposed may have a significant effect
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered
as part of the application for approval and may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete Parts 2 and 3. _
It is expected that completion of the full EAr will be dependent on information currently available and will not involve
new studies, research or investigatiom If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION
LOCATION OF ACTION (Include Street Address, Municipality and County)
NAME OF APPLICANT/SPONSOR
ADDRESS
CITY/PO
NAME OF OWNER (If different)
ADDRESS
CiTY/PO
JBUSINESS TELEPHONEC~J
P.o.
J STATE J ZIP CODE
M.q. ItqSZ
BUSINESS TELEPHONE
JSTATE I ZIP CODE
DESCRIPTION OF ACTION
Please Complete Each Question-Indicate N.A. if not applicable
A. 'Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: I-IUrban [-Ilndustrial I-1Commercial E~Residential (suburban) [:]Rural (non-farm)
r-IForest DAgriculture I-IOther
2. Total acreage of project area: ° '~ acres.
APPROXIMATE ACREAGE ' PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) acres acres
Forested acres acres
Agricultural (includes orchards, cropland, pasture, etc.) acres " acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres
Water Surface Area acres acres
Unvegetated (Rock, earth or fill) acres acres
Roads, buildings and other paved surfaces acres acres
Other (Indicate type) ~h~-~ ~10 ~::~l~.~l~,T'~ acres acres
3. What is predominant soil type(s) on projec,~site?
a. Soil drainage: [-1Well drained ~,~ % of site [:]Moderately well drained % of site
I~Poorly drained % of site
b. If any agricultural land is involved· how many acres of soil are classified within soil group 1 through 4 of the NYS
Land Classification System? acres. (See I NYCRR 370).
4. Are there bedrock outcroppings.on project site? l-lYes ,J~No
a. What is depth .to bedrock? (in feet) ..
2
2~.' ,.Approvals RequeSt:
City, Town, Village Board I-lyes ~No
City, Town, Village Planning Board E3Yes (~i~No
City, Town Zoning Board ~]Yes ~No
City, County Health Department i-lYes ~No
Other Local Agencies I-lyes I-INo
Other Regional Agencies r-lyes i-INo
State Agencies I-lyes I-INo
Federal Agencies I-lYes I-INo
Type
Submittal
Date
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? I-lYes [No _ '
If Yes, indicate decision required:
[~zoning amendment [-Izoning variance I-Ispec!al use permit [-Isubdivision [site plan
I-Inew/revision of master plan I-lresource management plan i-lother
2. What is the zoning classification(s)of the site? ~S I D~I~TI~~
3. What is the maximum potential development of the site if dev,e, loped as permitted by the present zoning?
4. What is the proposed zoning of the site?
· 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? I~es i-INo
7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action?
8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? ~'es [-INo
9. If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lYes ~No
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? [:]Yes ~No
a. If yes, is existing capacity sufficient to handle projected demand? DYes UNo
12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes. ~No
a. If yes, is the existing road network adequate to handle the additional traffic? []Yes [-1No
D. Informational Details
Attach any additional information as may he needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them. .
E. Verification
I certify that' the information provided above is true to the best of my knowledge.
Signature ~- ~ ~c~'~ · Title ~
It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assess. men/Form before proceeding
with this assessment.
5
Part 2--PROJECT IMPACTS AND THEIR MAGN'~DE
Responsibility 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 Examples provided are to assist the reviewer by show ng types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable'tl~'roughout the State and
for most situations. But, 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 Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers. . .
c. If answering Yes to a question then check the appropriate box (column I 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 Yes box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] E]Yes I--INo
[] [] E]Yes I--INo
L-] [] I-lYes I--INo
[] [] l-lYes I~No
[] [] I-lYes i--INo
[] [] F-lyes i--INo
[] [] " I--lYes
[] [] CE]Yes r-lNo
[] [] i--]Yes i--]No
[] [] I--lYes i"~ No
, IMPACT ON LAND
1. Will the proposed action result in a physical change to,~.~e project site?
,D~O lC]YES
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 I year or involve more
than one phase or stage.
· Excavation for mining purposes that would remove more than 1,000
tons of natural material (i.e., rock or soil) per year.
· Construction or expansion of a sanitary landfill.
· Construction in a designated floodway.
· Other impacts
2. Will there be an effect t: .... ~y un;que or unusual land forms found on
the site.; (i.e., cliffs, dunes, geological formations, etc.)E~NO []YES
· Specific land forms:
6
IMPACT ON WATER
3. Will proposed action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
DYES
Examples that would apply to column 2
· Developable area of site contains a protected water 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:
4. Will proposed action affect any non-protected existing or new body
of water? ~O I-lYE S
Examples 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:
5. Will Proposed Action affect surface or groundwater
quality or quantity? i~(NO E3YES
Examples that would apply to column 2
· Proposed Action will_require a discharge permit.
· Proposed Action requires use of a 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 Action will adversely affect groundwater.
· Liquid effluent will be conveyed off the site to facilities which presently
do not exist or have inadequate capacity.
· Proposed Action wou]d use water in excess of 20,000 gallons per
day.
· Proposed Action will likely cause siltation or other discharge into an
existing body of water to tr;e extent that there will be an obvious visual
contrast to natural conditions.
· Proposed Action will require the storage of petroleum or chemical
i~roducts greater than 1,100 gallons.
· Proposed Action will allow residential uses in areas without water
and/or sewer services.
· Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.
· Other impacts:
6. Will proposed action alter drainage flow or patte{ns,,or surface
water runoff? ~NO I~YES
£xAmples that would apply to column 2
· Proposed Action would change flood water flows.
7
I ~-/ 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] r~Yes []No
[] [] []Yes []No
[] [] I-lYes []No
[] [] []Yes I--INo
[] [] []Yes i--INo
[] [] E]Yes i--INo
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes I--INo
[] [] E3Yes []No
[] [] []Yes []No
[] [] I-lYes [-INo
[] [] F-lYes I--INo
[] [] []Yes E]No
[] [] E3Yes E3No
[] [] []Yes F-INo
[] [] []Yes.. []No
[] [] []Yes []No
[] El: E3¥es []No
[] [] []Yes []No
''E3 [] F']¥es E3No
· Proposed Action may cause substantial erosion.
· Proposed Action is incompatible with existing drainage patterns.
· Proposed Action will allow development in a designated floodway.
· Other impacts:
IMPACT ON AIR
7. Will proposed action affect a r quality? ~NO I-'lYES
Examples that would apply to column 2
· Proposed Action will induce 1,000 or more vehicle trips in any given
hour.
· Proposed Action will result in the incineration of more than I ton of
refuse per hour.
· Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than 10 million BTU's per hour.
· Proposed action will allow an increase in the amount of land committed
to industrial use.
· Proposed action will allow an increase in the density of industrial
development within existing industrial areas.
· Other impacts:
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
species? [~O I-lYES
Examples that would apply to column 2
· 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.
· Removal of any portion of a critical or significant wildlife habitat.
· Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.
· Other impacts:
9. Will Proposed Action substantially affect nomthreate~ed or
non-endangered species? J~NO []YES
Examples that would apply to column 2
· Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.
· 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 Proposed Action affect agricultural land resources?
J~O I-lYES
Examples that would apply to column 2
· The proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.)
I ~-~' '2 ~ 3,.
Small to Potential Can ImpactBe
Moderate Large Mitigated By
Impact Impact Project Change
[] [] I--lYes I--INo
'[-] [] i-lYes r-lNo
[] [] J--lYes []No
[] [] - []Yes I--INo
[] [] []Yes []No
[] [] []Yes [-]No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes I-1No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []Yes .[]No
[] [] []Yes []No
[] [] I--lYes ~'"] N o
[] [] I--lYes []No
[] [] []Yes []No
· Construction activity would excavate or compact the soil profile of
agricultural land.
· 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.
· The proposed action would disrupt or prevent installation of agricultural
land 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)
· Other impacts:
IMPACT ON AESTHETIC RESOURCES,
11. Will proposed action affect aesthetic resources;t ,~O I'-IYES
(If necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2 -
· Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
· 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.
· Project components that Will result in the elimination or significant
screening of scenic views known to be important to the area.
· Other impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance.~ ~i~'NO I-lYES
Examples that would apply to column 2
· 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.
· Any impact to an archaeological site or fossil bed located within the
project site.
· Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
· Other impacts:,
IMPACT ON OPEN SPACE AND RECREATION
13. Wilt Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities~'
Examples that would apply to column 2 [~O F-lyES
· The permanent foreclosure of a future recreational opportunity.~
· A major reduction of an open space important to the community.
· Other impacts:
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] I-lYes [-INo
[] [] []Yes []No
[] [] []Yes []No
[] 1~]. I-lYes []No
[] [] I-lYes []No
[] [] []Yes []No
[] [] I-lyes []No
[] [] []Yes []No
[] [] []Yes []No
[] [] []yes.. []No
[] [] []Yes []No
[] [] I--lYes []No
[] [] []Yes [-INo
[] [] []Yes I--]No
[] [] []Yes []No
9
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems?
~.NO ~YES
Examples that would apply to column 2
· Alteration of present patterns 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 or
energy supply? ~O i-lYES
Examples that would apply to column 2
· Proposed Action will cause a greater than $% increase in the use of
any form of energy in the municipality.
· Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.
· Other impacts:
NOISE AND ODOR IMPACTS
16. Will there be objectionable odors, noise, or vibration as a result
of the Proposed Action? I~NO I~YES
Examples that would apply to column 2
/
· Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
· Odors will occur routinely (more than one hour per day).
· Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures.
· P~oposed Action will remove natural barriers that would act as a
noise screen.
· Other impacts:.
IMPACT ON PUBLIC HEALTH
17. Will Proposed Action affect public health and safety?
O r-lYES
Examples that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic Iow level
discharge or emission.
· Proposed Action may result in the burial of "hazardous wastes" in any
form (i.e. toxic, poisonous, highly reactive, .radioactive, irritating,
infectious, etc.)
· Storage facilities for one million or more gallons of liquified natural
gas or other flammable liquids.
· Proposed action may result in the excavation or other disturbance
within 2,000 'feet of a site used for the disposal of solid or hazardous
waste.
· Other impacts:
10
1 2 ~3"
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] [=]Yes [-1No
[] [] []Yes []No
[] 'J~ [-lYes []No
[] [] []Yes []No
[] [] I--lYes []No
[] [] I-lYes []~o
[] [] J-lYes [-1No
[] [] [-]Yes []No
[] [] []Yes []No
[] [] ~lYes []No
[] [] []Yes r-I~o
[] [] r-lyes- . []No
[] [] []Yes I--INo
[] [] []Yes []No
[] [] []Yes I--IN0
- .~ [] I--lYes []~o
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existi.~ community?
~J, NO I~YES
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:
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact 'Project Change
[] [] []Yes [~]No
[] [] ' []Yes []No
[] [] J--~Yes I--1No
[] [] []Yes []No
[] [] []Yes i--lNo
[] ~~ i'-]' []Yes []No
[] [] []Yes I--INo
[] [] []Yes []No
[] [] []Yes F-1No
19. Is there, or is there likely to be, pul~lic controver_sy related to
potential adverse environmental impacts.~ j~O i~YES
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 IMPAq;TS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly 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
· The 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
14.14-I ! (2'87)--9( 617.2 ! SEQR
, Appendix B '-/
State Environmental Quality Review
Visual EAF Addendum
This form may be' used to provide additional information relat, ing to Question 1 1 of Part 2 of
the Full EAF.
(To be completed by Lead Agency)
Visibility
1. Would the project be visible from:
· A parcel of land which is dedicated to and available
to the public for the use, enjoyment and appreciation
of natural or man-made scenic qualities?
· An overlook or parcel of land dedicated to public
observation, enjoyment and appreciation of natural
or man-made scenic qualities?
· A site or structure listed on the National or State
Registers of Historic Places?
· State Parks?
· The State Forest Preserve?
· National Wildlife Refuges and state game refuges?
· National Natural Landmarks and other outstanding
natural features?
· National Park Ser~,ice lands?
· Rivers designated as National or State Wild, Scenic
or Recreational?
· Any transportation corridor of high exposure, such
as part of the Interstate System, or Amtrak?
· A governmentally established or designated interstate
or inter-county foot trail, or one formally proposed for
establishment or designation?
· A site, area, lake, reservoir or highway designated as
scenic?
· Municipal park, or designated open space?
· County road?
· State?
Local road?
Distance Between
Project and Resource (in Miles)
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] El"
[] [] [] [] []
[] [] [] [] []
2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other
seasons)
[] Yes [] No
3. Are any of the resources checked in question 1 used by the public during the time of year
during which the project will be visible?
~]Yes ~.No
DESCRIPTION OF EXISTING VISUAL ENVIRONMENT ~
4. From each item checked in question 1, check those which generally describe the surrounding
environment.
Essentially undeveloped
Forested
Agricultural
Suburban residential
Industrial
Commercial
Urban
River, Lake, Pond
Cliffs, Overlooks
Designated Open Space
Flat
Hilly
Mountainous
Other
NOTE: add attachments as nee, ded
5. Are there visually simila~,projects within:
*1 miles [-IYes ~IHo
*2 miles OYes C]No
'3 miles [--]Yes ClNo
Within
'1/4 mile *1 mile
* Distance from project site are provided for assistance. Substitute other distances as appropriate
EXPOSURE
6. The annual number of viewers likely to observe the proposed project is
NOTE: When user data is unavailable or unknown, use best estimate.
CONTEXT
7. The situation or activity in which the viewers are engaged while viewing the proposed action is
Activity
Travel to and from work
Involved in recreational activities
Routine travel by residents
At a residence
At worksite
Other
FREQUENCY
Holidays/
Daily Weekly Weekends Seasonally
[] [] [] []
[] [] [] []
[] [] [] []
[] [] [] []
[] [] [] []
[] [] [] []
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4. TN:' TOPOGRAPNiC SURVEY WAS P:OVID.ED BY
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8. A,LL HARDWARE SHALL BE GALvANIzED AND ALL CONNECTIONS SHALL
BiE IN ACCoRDANcE WITH THE LATEST STANDARDS OF THE AMERICAN
IiNSTITuTE OF TIMBER CONsTRUcTION.
9. A:LL LUMBER SHALL BE CCA TREATED LONG LEAF YELLOW PINE.
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END VIEW
SEC TION A - A
FLOA DOCK DETAIL
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