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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 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 4.O P R O P O ~'E C) ,~ L.. OA T'IAJG, ~,~ I S'-F I t,J~, !~ L. O A 7-1r4(_~ DOCK. .:; ,, · '° .. ," -,.'i '"-. /'-" ' : : .-,'.,; ..... .... ;. ~ .. '--- <. ,, ,/'%, \ '"\ ,,: ::7 , " .'5:' .. , ',2 { i: · , -' :' \ ;} - , ;f/ /,% ., :. 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