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HomeMy WebLinkAboutTR-233 TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No.....2..3..3. .......... has been granted by the Town Trustees according to -- En-Con~ultants~..~;lc. / ~nformation furnished in Application No.....2...8..5 .......... tried Dy Applicant ...................................... ..J....a~...e...s.....N.~.....B..a...i..1..e.~.. on ....M...a.~.,..2..8..¢ ........... 19..8...5..... A map of the proposed work will be kept on file in the Trustee Office under the application number given. Permit granted to do the following work. Cons..t..r..u...c..t.....a..s.f~X.J,f~,$. ~.[ ~.~,l,~.,...:~.tai,us.,...p.]-at- forms leadin~ .t..o.. ramp and float. Walk.~ {%D,~ ~.t~,~. ~[.~ad. f~cQr~..tc~p..mf bluff down throu~[h rocks and boulde.r..s.,......~,.~b,..Q~...w.~%lks..~n~l..s.t-aJ~cs...will . · . Location of property on which work tc be done ........ ..F..i..~..b.~.~.'.,$...I.~.l~d. .................................... :... Creek, Bay or Harbor fronting property Block Island Sound ' . , "' ~' _. 1~' 'r~mn-10, float series of st.a..~]~, ~...[~],~.t,~Q~r/ns ... Size or worK. ~engm ......... · ..... Width 4' ramp 10' float ................................... Height Above High Water va.r...i..a.~..1..~ .......................................... .'.-. Depth Below Low Water ........... ~'. ...................................... -' ' none Yards to be Excavated ..................................................................................................... none Yards to be Filled ..~ ..................................................................................... '.' ............... Manner in which material [s to be removed or deposited .... r.r.r..rr..r.:r..~.r.r .......................... ~ .............. , . residential - no chancre Intended use o! proper~y ........................................................... ~ ............................................................. Conditions if any ..... .T.i..T.T. 7..T.T.i.T..U..~T..-..T..~.T..i7. ................................................................................ Expiration Date .S.e.R.t...e...m~....e.,r...2..5. ~ .~...9..8...6~......i..f.....w..~.~.r..k.....h.a...s....n...~..t.....c"~....m~..~-e.~..h~...~me ...... Nu, m~r of Inspections Required 2- Trustees...a...r..e.....t..~.....b..e.....n...~..t..i...f..i..~.~...%~D.[%...~Qi~.~1~i~D o= tne project. Inspection Fees ...... ~..5..... Q .0. ....... ~ ............................................................................................................ /Liability Policies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the ' event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required sh~ll-subject this permit to immediate revocation by"'the Trustees upon receipt by the Trustees' of written notice from such other governmental'or municipal authorities of its refusal or disapproval.' ' The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. · ' The applicant and the Owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit, This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E, Increase the danger of flood and storm-tide damage, F, Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. -' G. Change the course of any channel or the natural movement or flow of any waters. _. H. Weaken or undermine the lateral support of other lands in the vicinity. --- I. Otherwise adversely affect the health, safety and general welfare of the people of the town. Signe ~. President Boa~'d of Southold Town Tr'ustees Date ...... ....................... HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 29, 1987 TELEPHONE (516) 765-1§92 John F. Shea, III Twomey, Latham, Shea & Kelley Attorneys At Law 33 West Second Street P. O. Box 398 Riverhead, New York 11901 Re: James N. Bailey Wetland Permit No. 233 Dear Mr. Shea: Your recent request to extend the above referenced permit has been reviewed at the Trustee meeting held on September 24, 1987. Your request has been approved by resolution, adopted at this meeting for one year. Your permit will expire on September 25, 1988. This letter is an amendment to the original permit and as such, shall be attached thereto. All other terms and conditions remain as written in the original permit. Very truly yours, Henry P~ Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C., Albany Robert A. Greene, D.E.C., Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin., Building Dept. Planning Board Board of Appeals file THOMASA. TWOMEY. JR. STEPHEN B. LATHAM JOHN F SHEA. Ill CHRISTOPHER D KELLEY LAWRENCE M. STORM' MAUREEN T LICCJONE CATRIONA GLAZEBROOK · ALSO ADMITTED IN CONNECTICUT AND FLORIDA TWOMEY, LATHAM, SHEA & KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET P.O. BOX RIVERHEAD, NEW YORK 11901 516-727-2180 9 NORTH MAIN STREET EAST HAMPTON. N.Y. 11937 516-324-1200 September 24, 1987 By Hand Henry P. Smith Board of Town Trustees Town of Southold Town Hall 5309 Main Road Box 728 Southold, New York 11971 Re: Permit No. 233 -- James N. Bailey Dear Mr. Smith: On October 4, 1985, the Southold Trustees issued a permit to James N. Bailey with an expiration date of September 25, 1986. Since the Department of Environmental Conservation had not yet concluded its review, we applied to the trustees for extensions to that permit, and the permit was last extended until September 25, 1987. We finally received the Department of Environmental Conservation's approval of engineering drawings, specifications, and certain mitigation measures on June 24, 1987. Unfortunately, by that time, the building season had been lost and local contractors advised Mr. Bailey that they would not be available to do the work until this month. The contractors have assured Mr. Bailey that they can begin work the week of September 28, 1987. Accordingly, we respectfully request the Southold trustees to issue another six month extension to Mr. Bailey's permit so as to allow the contractors to undertake and complete the work. JFS/mp cc: James N. Bailey BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 27, ~-987 TELEPHONE (516) 765-1892 Mr. John F. Shea, III Twomey, Latham, Shea & Kelley Attorneys at Law 33 West Second Street P. O. Box 398 Riverhead, New York 11901 Re: James N. Bailey Wetland Permit No. 233 Dear Mr. Shea: Your recent request to extend the above referenced permit has been reviewed at the Trustee meeting held on March 26, 1987. Your request has been approved by resolution, adopted at this meeting, for a period of six months. Your permit will expire on SEPTEMBER 25, 1987. This letter is an amendment to the original permit and as such, shall be attached thereto. Ail other terms and conditions remain as written in the o~iginal permit. Very truly yours, Board of Toma Trustees Ilene Pfifferling, Secretary HPS:ip cc: Bldg. Dept. Trustee~ file~' /~ TWOMEY, LATHAM, S]tEA & KELLEY THOMAS A TWOME'Y. JR STEPHEN B. LATHAM JOHN F SHEA. III CHRISTOPHER D KELLEY LAWRENCE M STORM' MAUREEN t LICCIONE 'ALSO ADMITTED IN CONNECTICUT AND FLORIDA ATTORNEYS AT LAW 33 WEST SECOND STREET PO BOX 398 516-727'2180 9 NORTH MAIN STREET EAST HAMPTON, NY 11937 516-324 t200 March 25, 1987 BY HAND Henry P. Smith Board of Town Trustees Town of Southold Town Hall 5309 Main Road Box 728 Southold, N.Y. 11971 Re: Permit No. 233 -- James N. Bailey Dear Mr. Smith: On October 4, 1985, the Southold Trustees issued a permit to James N. Bailey with an expiration date of September 25, 1986. Since the Department of Environmental Conservation had not yet concluded its review, we applied to the Trustees for an extension to that permit and that extension was granted until March 25, 1987. Though the Department of Environmental Conservation has issued a full permit for the project, the Department reserved the right to review the engineering drawings and specifications before Mr. Bailey could actually commence work. The Department has all of the engineering plans and specifications, but still has not yet given its final sign off on those materials. Until then, Mr. Bailey cannot proceed. Henry P. Smith Board of Town Trustees Town of Southold March 25, 1987 Page Two Accordingly, we respectfully request that the Southold Trustees issue another extension to Mr. Bailey's permit until October 31, 1987, so as to allow the Department of Environmental Conservation to complete its review and Mr. Bailey to undertake and complete the work. JFS/mp cc: James N. Bailey ~ F. Shea, III HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 26, 1986 TELEPHONE (516) 765-1892 Mr. John F. Shea, III Twomey, Latham, Shea & Kelley Attorneys at Law 33 West Second Street P. O. Box 398 Riverhead, New York 11901 Re: James N. Bailey Wetland Permit No. 233 Dear Mr. Shea: Your recent request to extend the above referenced permit has been reviewed at the Trustee meeting held on September 25, 1986. Your request has been approved by resolution, adopted at this meeting, for a period of six months. Your permit will expire on MARCH 25, 1987. This letter is an amendment to the original permit and as such, shall be attached thereto. Ail other terms and conditions remain as written in the original permit. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary HPS:ip cc: Bldg. Dept. Trustees file LATHAI~[, SHEA & KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET THOMAS A. TWOMEY. JR. STEPHEN B 1ATHaM JOHN F. ShEA. Ill CHRISTOPHER D. KELLEY RiVERHE.~D, NE%V YORK 11901 AMY B. TURNER LAWRENCE M. STORM' MAUREEN T. LICCIONE *ALSO'ADMITTED IN CONNECTICUT AND FLORIDA September 12, 1986 9 NORTH MAIN STREET EAST HAMPTON. N.Y. 11937 516'324'1200 Certified Mail Return Receipt Requested Henry P. Smith, President Board of Town Trustees Town of Southold Town Hall 5309 Main Road Box 728 Southold, N.Y. 11971 Re: Permit No. 233 -- James N. Bailey Dear Mr. Smith: Our firm represents James N. Bailey who, obtained Trustees Wetlands Permit ~233, on October 4, 1985. The permit is for the construction of certain ramps, floa[s and walkways, etc. on Fishers Island on the property of James N. Bailey. The permit stated that it would expire on September 25, 1986, if work was not commenced before that date. Review of this application before the State Department of Environmental Conservation took far longer than expected. We did not receive a permit from DEC until this summer and DEC required the preparation of detailed engineering drawings before work could commence. Those drawings are just being completed. Moreover, we have been advised that it may be unwise to commence this construction in the Fall and perhaps it would be better for Mr. Bailey to proceed with construction in the Spring of 1987. Henry P. Smith, President Board of Town Trustees Town of Southold September 12, 1986 Page Two the you JFS/mp cc: James For the above reasons, we respectfully request Trustees Permit #233 be extended for one year. have any questions, please call. J/)bn VF; -S%'e~', I I i N. Bailey that If THOMAS A. TWOMEY. JR. STEPHEN S. LATHAM JOHN F. SHE[A, III LATHAM, SHEA & KELLEY ATTORNEYS AT LAW 516'727'2190 AMY B. TURNER LAWRENCE M STORM' MAUREEN T. LICCIONE 'ALSO ADMITTED IN CONNECTICUT AND FLORIDA September 12, 1986 9 NORTH MAIN STREET EAST HAMPTON, N.Y. 11937 316'324-1200 Certified Mail Return Receipt Requested Henry P. Smith, President Board of Town Trustees Town of Southold Town Hall 5309 Main Road Box 728 Southold, N.Y. 11971 Re: Permit No. 233 -- James N. Bailey Dear Mr. Smith: Our firm represents James N. Bailey who, obtained Trustees Wetlands Permit ~233, on October 4, 1985. The permit is for the construction of certain ramps, floats and walkways, etc. on Fishers Island on the property of James N. Bailey. The permit stated that it would expire on September 25, 1986, if work was not commenced before that date. Review of this application before the State Department of Environmental Conservation took far longer than expected. We did not receive a permit from DEC until this summer and DEC required the preparation of detailed engineering drawings before work could commence. Those drawings are just being completed. Moreover, we have been advised that it may be unwise to commence this construction in the Fall and perhaps it would be better for Mr. Bailey to proceed with construction in the Spring of 1987. Henry P. Smith, President Board of Town Trustees Town of Southold September 12, 1986 Page Two For the above reasons, we respectfully request that the Trustees Permit #233 be extended for one year. If you have any questions, JFS/mp cc: James N. Bailey please call. New York State Department of Environmental Conservation 50 Wolf Road, Albany, New York 12233-0001 CERTIFIED MAIL-RETURN RECEIPT REQUESTED February 21, 1986 Henry G. Williams Commissioner Mr. John F. Shea, III Twomey, Latham & Shea Attorneys at Law 33 West 2nd Street P.O. Box 398 Riverhead, NY 11901 RE: James N. Bailey Application # 10-85-0707 Dear Mr. Shea: Enclosed is my decision on the referenced application. you will note, I have denied the application for reasons indicated. As This letter and enclosed Decision is a response to your February 11, 1986 request, received February 14, 1986, for a decision on the application pursuant to 6NYCRR Sections 621.8(f) and (g) and 621.9(b) and (c). Please be advised that 6NYCRR 621.8(g) provides that an applicant whose application has been denied may request a public hearing. In this case any such request must be made to Regional Permit Administrator Robert Greene in Stony Brook within 10 working days from the date of this decision. Any hearing would be scheduled to begin within 45 days of the receipt of such a request. ~erely, /G~0r~e~. DansKin ~Chief Permit Administrator Enclosure GAD/TC/gb¢ cc: J. Bailey Board of Trustees DECISION I have reviewed the Decision Conference Report dated February 12, 1986 by Administrative Law Judge A. Marshall Irving and have evaluated the Report in the context of the surrounding environment and the tenets of the Tidal Wetlands Act, Article 25 of the Environmental Conservation Law. Contrary to the applicant's assertions that the project is not subject to jurisdiction under Article 25 I find Judge Irving's conclusions most pursuasive. Therefore, I reject the applicant's claim that the proposed activities do not require a permit under Article 25. Moreover, a Decision Conference or a Public Hearing on a permit application is not the appropriate forum to resolve disputes of this type. There are a set of expressed procedures for obtaining a formal declaratory ruling of applicability of regulations and statutes which are embodied in 6NYCRR 619. I adopt Judge Irving's conclusion in all respects and find that the project represents an unnecessary and unacceptable risk to strategically important tidal wetlands and the beneficial functions which they serve. Therefore, this permit application is hereby denied. It is also clear from the record that there are aspects of this proposal which could be approved if the applicant would modify the project by eliminating the objectional construction on the bluff: namely the rock revetment and the cantilevered patio. I encourage that this be pursued further with regional staff. Date: STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS 50 WOLF ROAD, ROOM 514 ALBANY, NEW YORK 12233-0001 In the Matter of the Application - of - JAMES N. BAILEY Application # 10-85-0707 DECISION CONFERENCE REPORT February 21, 1986 STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION 50 Wolf Road Albany, New York 12233-0001 In the Matter of the Applications - of JAMES N. BAILEY for approval of his applications to construct a concrete retaining wall, a deck, a series of stairs, walks and platforms leading to a hinged ramp and float fronting on Block Island Sound on Fishers Island, Town of Southold, Suffolk County, New York. Freshwater and Tidal Wetlands Application No. 10-85-0707 DECISION CONFERENCE REPORT A. Marshall Irving hereby submits this Decision Conference Report in the captioned matter. Administrative Law Jud~ February 12, 1986 PROCEEDINGS On October 28, 1985, the Staff of the Department of Environmental Conservation (the "Department") determined complete the application of James N. Bailey, 101 Summer Street, Boston, Massachusetts 02100 (the ,Applicant") for a permit to construct a series of stone terraces, wooden decks, a staircase and concrete retaining walls on the face of an existing bluff; to construct a walk, a deck (above and below mean high water), attached to a 4' x 16' hinged ramp and (1) 10' x 10' float, collectively (the "Project") on its property (the "Site") fronting on Block Island Sound on Fishers Island, Town of Southold, Suffolk County, New York. The Applicant also proposes to pave a driveway in an adjacent area to a freshwater wetland and to clear vegetation in and adjacent to a freshwater wetland to allow unobstructed views of the wetland. Disturbed areas would also be replanted with varied shrubs ground cover and wildflowers. Specifically, this application was filed pursuant to Environmental Conservation Law ("ECL") Article 24 (Freshwater Wetlands) and Article 25 (Tidal wetlands); and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Part 621 (uniform Procedures), Part 661 (Tidal Wetlands Land Use Regulations), and Part 662 (Freshwater Wetlands - Interim Permits). Notice of the subject Project was published in the Department's Environmental Notice Bulletin on November 6, 1985 and in ~, a daily newspaper published in New London, Connecticut, on November 5, 1985. The Department Staff indicated it was opposed to the Project and no other public comments or any other objections from any other persons, organizations or units of governments were timely filed. A Decision Conference requested by the Applicant was then held pursuant to 6 NYCRR $621.8 before Administrative Law Judge ("ALJ") A. Marshall Irving in the Department's Stony Brook Region 1 Office on January 9, 1986. The Conference record was closed on February 6, 1986, following the receipt of the last of the post-conference submissions submitted by the parties.. The Applicant was represented at this Decision Conference by the law firm of Twomey, Latham & Shea, 33 West 2nd Street, Riverhead, New York 11901 (John F. Shea, III, Esq. of Counsel). Gary A. Zarillo, consulting geologist, and Jeannine Keith Furrer, landscape architect, also appeared on behalf of the Applicant. The Department's Region 1 Staff was represented by Fred Mushacke, Marine Resource Specialist II; Michael Litwa, Marine Resource Specialist; Louise Harrison, Environmental Protection Biologist; Jean L. Gilman, Regional Flood Plain Management Coordinator; and Charles T. Hamilton, Alternative Permit Agent, all of whom are with the Staff in the Department's Stony Brook Region 1 Office. POSITION OF THE DEPARTMENT STAFF The Department Staff is opposed to the proposed Project contending that the proposed construction of a concrete retaining wall is unnecessary to control erosion at this Site and that the proposed decks, stairways and catwalks are greatly in excess of a reasonable design for water access. The Staff is not opposed however to limited and minimal annual trimming of freshwater wetlands vegetation. POSITION OF THE APPLICANT The Applicant contends that this Project as proposed is reasonable and necessary to control erosion of the cliff (which is now only 8+ feet from one part of the house foundation), and to permit convenient access to the water for swimming and boating. According to the Applicant the Project as proposed has been approved in its entirety by the U.S. Army Corps of Engineers and the Town of Southold. The Applicant submitted post-conference letters, photographs and drawings in which the Applicant contends that the Department does not have jurisdiction on this Site above the 10 foot contour elevation in accordance with 6 NYCRR Part 661.4(b)(3). STATE ENVIRONMENTAL QUALITY REVIEW ACT Pursuant to 6 NYCRR Part 617 of the Department's implementing regulations for the State Environmental Quality Review Act ("SEQR"), the proposed Project is an unlisted action. The Department, as lead agency has determined that the Project would not have a significant effect on the environment sufficient to mandate the preparation of a Draft Environmental Impact Statement. AGREEMENT During the Decision Conference the issue of the proposed modifications to freshwater wetlands on the Site was resolved. The Applicant described the proposed work as minor pruning of trees and shrubs and the annual mowing of phragmites (after July 15th) in a 10 x 30 feet area to provide a view of inland freshwater ponds. The Staff indicated that work 6f this scope and magnitude was acceptable and would be allowed by including a special condition to the requested permit, if and when issued. DISCUSSION Project Location and Backpround 1. The Project Site is a headland* on the south shore of Fisher's Island at the location depicted on Appendix 1. There is a circa 1900 brick house on the Site constructed at the top of a shoreline hill as shown on Appendix 2. Part of the house foundation is only 8+ feet from the top of a bluff (see Appendix 2). This bluff is p~esently vegetated and has been essentially stable since 1938 when, during a major hurricane, a concrete retainting wall was damaged and a "washout" occurred behind the retaining wall at the east end of the house. 2. At the bottom of the bluff there are hundreds of large boulders, some weighing many tons each, and these boulders extend out into the water. The remnants of a concrete revetment seawall (constructed of 5 x 5 x 10 feet concrete blocks), which reportedly was installed by the U.S. Army Corps of Engineers (the "Corps") at some unstated date, remains in the center of the boulder strewn area. According to the Applicant the Corps "hardened" the shoreline of the Site by placing boulders landward of the concrete revetment in the area up to the toe of the bluff. 3. The bluff in the hillside on this Site is 14+ feet high and ranges in slope from approximately 1 on 1 (45 degrees) to 1 on 2 (26.5 degrees). Most of the existing scope is approximately 30 degrees. Two short 45 degree scoped areas exist, one at the center of the house and another approximately 20 feet west of the house (see Appendix 2). Project Directive and Project Description 4. The instant Project was designed by professional consultants upon directions from the Applicant to "make the house safe from erosion" and to provide for "convenient access to the water for swimming and boating". The consultants have submitted a detailed regrading and landscaping plan which includes 210+ feet of concrete retaining wall, stone terraces, 25 foot wide w~oden steps, an upper wood deck (60 foot long x 10 feet average width) over a vegetated bluff, 5 feet wide stairways and landings leading to a 20+ x 20+ foot lower deck built over the mean high water (MHW) llne, a-5 foot catwalk leading to a 4 x 15 foot ramp and a 10 x 10 foot wooden float. * A "Headland" is a convex shoreline extending out into surface waters. Concrete Retaining Wall 5. The proposed concrete retaining wall would be constructed on footings placed in the bottom of an excavation proposed to be dug approximately midway in the slope of the shoreline bluff. The Applicant's consultants contend that the material in the bluff is sufficiently stable to permit such excavation without risk of collapse of the bluff. The bluff to the west of the house has been used as a "dump" for trees and brush etc, which dump area would now be filled and the existing lawn extended seaward to the proposed retaining wall. 6. The area behind the proposed retaining wall would also be filled and covered with lawn and stone patios. The easterly area of the bluff (seaward of the existing garage) would not be altered by this Project. Access to the Water 7. The bottom (or "toe") of the bluff on the Site is at elevation 13+ feet.* The boulder strewn beach area on the Site extends downward from elevation 13 feet to Mean High Water ("MHW") which at this Site is at elevation 1.5 feet, which is consistent with the tidal range at Fishers Island which is approximately 3.0 feet. The width of the boulder strewn beach ranges from 38 to 50 feet from the toe of the cliff (elevation 13 feet) to MHW (elevation 1.5 feet) with an average ',beach" width of 40+ feet (estimated by the ALJ). The slope of the "beach" is 11.5 on 40+ (16+ degrees). -- 8. The proposed decks, stairways, landings, catwalk ramp and float would be constructed of timber on pilings driven into the beach and bluff. The stairs, landings and walk would be 5 feet wide except for a short section of 4 feet width between two existing huge boulders located at MHW. A lower wood deck of 300% square feet would be constructed seaward of the line of MHW and therefore covering an intertidal zone of "SM and "LZ" tidal wetlands. 9. The Flood Insurance Rate Map "FIRM" for the Site (Town of Southold #360813 0012 E of 4/17/85) shows the coastline to be classified as "Zone v-9 EL15", which means' that the coastline at the Site is in a zone where high velocity wave action occurs and the 100 year base flood elevation is 15 feet above MSL. CONCLUSIONS 1. It is reasonable to conclude that the adjacent area ("AA")** on this Site extends to the topographic crest of the * Ail elevations referred to mean sea of 1929 at Sandy Hook, New Jersey). ** See 6 NYCRR $661.4(b)(3) level ("MSL") (USGS survey "Hill" since the 10 foot contour crosses a "hill" (the 16 degree slope of the boulder strewn "beach") whose slope equals or exceeds the natural angle of repose of the soil. The house on this Site is located atop a "hill" which consists of a 16 degree sloped boulder strewn beach, a vegetated 30 degree to 45 degree bluff and a hilltop plateau, all within 100 feet of tidal waters. In view of the foregoing it is reasonable to conclude that the "beach" equals or exceeds the natural angle of repose since the 5 x 5 x 10 foot concrete seawall blocks have obviously been displaced by storm wave action. 2. The proposed alteration of the bluff by installation of a retaining wall in the slope of the bluff is both unreasonable and unnecessary for the stated purpose of controlling erosion. Specifically, there was no evidence or other documentation submitted (or even any contentions) that bluff erosion is a critical factor at this Site. The existing heavy vegetation on the face the bluff, the presence of large boulders covering the entire "beach" at the bottom of the bluff and the elevation (13+ feet above MSL) of the toe of the bluff are all indicative of a- stable shoreline. The Applicant's instructions to his consultants to make the house "safe from erosion" and to provide convenient access to the water have resulted in an aesthetically pleasing but environmentally unsound proposal. The proposed disturbance of a stable shoreline bluff face for primarily aesthetic reasons is unreasonable since it would destabilize a stable bluff by digging away at bluff material which has not significantly eroded in some 48 years. The proposed retaining wall is also unnecessary since there was no demonstration of any significant loss from erosion at this Site since 1938. 3. The Applicant's proposal to construct a concrete retaining wall would have an undue adverse impact on the hurricane and storm control function of this tidal wetland and its adjacent area since the substitution of a vertical concrete wall (starting in one place at 15 feet above MSL) for an existing stable 45 degrees or less bluff face, would exacerbate toe scour of the bluff and would ultimately undermine the wall. The wall would also "seal off" the upland, which is the source of material to the "beach". Upon failure of the retaining wall, the toe of the bluff would be subject to higher rates of erosion with the wall since wave energy would then be directed downward by the vertical wall. "Toe scour" is also a well known effect at vertical retaining walls subjected to wave action. 4. The 350+ square feet area of the proposed lower deck and the 5 feet wide w~lkway to the float are proposed to be installed in an area subjected to high energy storm wave action and can reasonably be expected to be severely damaged during major storms. The proposed construction would comply with the use guidelines of 6 NYCRR $661.5, which section at line 15 categorizes catwalks greater than 4 feet wide in "SM and "LZ" zones as "generally compatible - permit required". However, due to reasonably forseeable maintenance problems caused by storm wave destruction of the structure (which would result in the addition of significant quantities of expensive "driftwood" to tidal waters) the proposed "water access" portion of the Project would be unreasonable and unnecessary since water access could be provided with half (or less) of the amount of timber construction proposed. The driftwood generated by storm destruction of the proposed structures would also be a hazard to navigation. 5. The high wave energy coastline of this Site and the 15 feet 100 year base flood elevation indicate that any structures at 15 feet or below are subject to destruction by storms. Accordingly the lower elevation structures should be designed for economical replacement and, in addition, should be easily removable for winter storage at a high elevation near the house. Other than the ramp and float, this Project is not so designed. 6. In view of the foregoing, it is concluded that this proposed Project should be denied as proposed but that a permit could be issued for a modified Project which does not include a concrete retaining wall, proposes to maintain and add, if necessary, vegetation to the bluff, would not have a deck overhanging the bluff, and would be limited to 4 feet wide maximum access stairs and landings to the wood float. Specifically, in that regard, the lower wood deck should not be built, the upper wood deck should be reduced in size and built (if at all) closer to the house over the existing lawn grade and not over the bluff slope. 7. If at some time in the future, bluff erosion should become a threat to the house, a rock revetment (or rock armoring) of the bluff slope, where necessary, would appear to be one reasonable alternative. Another possible, although expensive, alternative at such future date would be to move the house landward. Continued On Map No. 26 JAMES N. BArr.~y FW and TW Appl. No. 10-85-0707 Decision Conference Report Appendix. 1 /Cd // -91 / JAMES N. B~;I.RY FW and TW Appl. No. 10-85-0707 Decision Conference Report _Appendix 3 Applicant: Address: NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF COMPLETE APPLICAT nM J~u~c~ ~. Bailey 101 $,,~m~r Stre.~te Boston, Massachu~at t ~ 02110 Project description and location. Town'S/of .q~,~'h~l ,~ County of Construct stone terraces, ~oodea t , ~ec~.$, ,~taircase, concrete retainin~; Wali~ on face of existin'~ cliff; con,.~truct walk, deck ab'~ve and beiow mea~ high '~ater, atta¢?~inF. . ~ ~..oat. Pave driveway ~he afljac~t aras to freshwater wetland. Cl~r vegeaatien in and adjacent to fres~at~r ~tl~d to all~ unobat~cted views of freshwater wetlana. Replamt disturbed areas ~ varied shm~bs ground cove~ and wildflo~erm. Project is ~ocated at Ftsber'~: Island, Block Island S~nd. SEQR DETERMINATION: (check appropriate box) [] SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or a Type II action. [] SEQR~2 Project is a Type I action it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has been prepared and is on file. ~] SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. [] SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. [] SEQR-5 A final environmental impact statement has been prepared on this project and is on file SEQR LEAD AGENCY Southold Tow~ Trugteeg AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below by no later than November 22nd, 1985 CONTACT PERSON: Charles T. ~,tlton g!dg. 40, SU~"f~ Room 219 Alternate Regioaal Permi~ Administrator Stony Brook, New '~ork 1179~ 5~fSDEC (516) 751-7900 Repudiator]/ Affairs TO THE APPLICANT: 1. THIS I$ NOT A I~ERMIT 2. lhis is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your application. 3. Your project is classified MAJOR. Accordingly, a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary, you will be notified within 60 days and the hearing will commence within 90 days of the date of this notice. If a hearing is held, the final decision will be made within 60 days after the hearing is completed. 4. Publication of this Notice in a newspaper is: ;1~ required [] not required If required, please consuk the accompanying transmittal letter for further instructions. CC: Chief Executive Officer ~tlPe~l-'~'O~' ~o~a of 80~t!lold Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233-000! File USFW~ Jeanniue K. Furrer, -~.organ Lehwock, Inc.. Jean Gilman Frank Panek CHIEF EXECUTIVE OFFICER BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF TOWN TRUSTEES AT A REGULAR MEETING HELD ON SEPTEMBER 25, 1985: WHEREAS, En-Consultants, Inc. on behalf of James N. Bailey applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 28, 1985 and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on September 25, 1985 at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that En-Consultants, Inc. on behalf of James N. Bailey be granted permission under the provisions of the Wetland Ordinance of the Town of Southold, New York, all in accordance with the application. This permit will expire on September 26, 1986 if work has not commenced by said date. There shall be two inspections required;~ and the Trustees shall be notified when the project is complete. ALL DOCKS AND BULK- HEADS M~ST DISPLAY . VISIBLE PERMIT NUMBERS. ALL MOORINGS AND STAKES MUST DISPLAY VISIBLE MOORING NUMBERS. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Main Road Southold, New York 11971 Telephone (516-765-1892) NOTICE OF ACTION - NOT A PERMIT To ..... En-Consultants, Inc. on behalf of Jamen N. Bailey Ma 28 1985 1. Your application, dated ..... ~z .... : ....................... has been reviewed by this Board, at a meeting of the Trustees held on.$.~Dt;e4~er. 2.5,..l.9.85 ....... and resulting in the action, as indicated below: ~ Application approved. ( ..... } Application denied. ' ( .....) Application tabled. 2. Comments and remarks: "' Your application has been approved by resolution adopted by the Board on September 25, 1985. - If your application is approved above, a Permit Fee is now due, and should be made payable to the order of the Board of Southold Town Trustees. This fee is computed below according ko the Schedule of Rates as set forth in the Instruction Sheet (Form I11). This fee must be paid within 90 days or reapplication and additional fee will be necessary. If the Permit Fee is paid in person to the Clerl~ of the Board, the Permit will be obtainable at the same time. If the fee is paid by mail, the Permi will be mailed in reply. 4. Computation of Permit Fee: $5.00 wetland inspection fee is now due and payable, upon remittance your permit will be forwarded by mail. Total Fee for this application ............................. $ .................. President, Boa~ of Southold Town NOTICE OF HEARINGS ON WETLAND APPLICATIONS NOTICE IS HEREBY GIV- EN that public hearings will be held by the Town Trustees of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York on WEDNESDAY, SEPTEMBER ZS, 1985 on the following ap- plications for permits under the provisions of the Wetland Ordinance of the Town of Southold. 8:00 P.M.- In the matter of the application of Irene Moel- [er to remove old bulkhead and · ~eit. dig oot a 20' X 40' area ;: M~ fill in a 30' X 30' area and · ~eonstruet a 20' X 4' flo~t on ~V kx'ated a! 64~ ~ ~ g~2 P,M.- In the matter of ~ Ibc spplleatio~ of Nan~ E. ~fleln submitted by the ~nd U~ Company to fill lot with approximately 2~ cu, yds. of clean fill to raise e~vation, Applicant proposed to con- struct a single family dwelling. ~ope~y is located on corner of Little Peconic Bay Lane and Cedar Point Drive West, Southold. 8:~ P,M.- In the matter of the application of Doris Torn- lurid submitted by the Land Use Company to construct a 37' Iow timber retaining wall (3' high) along an erred bank ·bove the MHW line of Little C~ek. with n 20' and 10' ~ ~T~ R~, Cutehogue 8:~ P.M.- In ~he Mi~er of Ihe appl[calion of James N. ~iley submitted by En-Con- suhants, Inc. to construct a series of walks, stairs, plat- forms leading down to a 4' X 15' hinged ramp and (1) 10' X 10' float. Walks and stairs lead from top of rocky bluff down through rocks and boulders. Width of walks and stairs will be 5'. Width of decks ratable. Prope~y is located on Block island Sound, Fibb- er's Island. Ali persons interested in said matters should appear at the time and place above spe- ments may be submitted in writin~ also. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................. ./. ........ weeks successively, commencing on the ....... .~.%~. ~ ........ :- ....................L- -" .... · .-:'. - ==:: · Sworn to before me this ..................... day of .... Notary Public BARBARA FORBES Notary Public, State of ~ew York No. 48C~$846 Qualified in Suffolk County Commission Expirez Maxeh 30, 19~-~ CE , · ~EGAL NOTI No~ OF m~Rl~GS ON A UCA O S ~E m ~BY G~N ~blic he~ ~ ~ held ~ TO~ ~ of me ~AY, SE~ER ~ ~.~n ~e follo~ ~r ~ ~r the ~- ~f ~e W~i ~e ~To~ of ~tion ofkene ut a 20' x 40' area and fill in ;0' x 30' area and to construct al /)' x 4' float on property lo~ated[ oad, Cu h- 8:02 p,M.-In the matter of the ~pplication of Nancy E1 Elflein ~ubmitted by the Land Use Corn- any to fill lot with approxi- Lately 200 cu. yds~ of clean flu ) raise elevation. Applicant' ropesed to construct a single- ~nily dwelling Property is lo- ated on corner of Little Peconic ~ay Lane and Cedar Point Drive gest, Southold, , 8:04 p,M.--In the matter of the application of Doris Tornlund wabmittod by the Land Use Com- pany to construct a 37' low[ ~ timber retaining wall (3' high) i along an eroded bank above the . MI-ltV line of Little Creek, vath, a 20' and 10 return. Property is located off of Pine Tree Road, Cutchogue. 8:06 P.M.-In the matter of the application of George Mallis to · construct at 478 f~. stone revet- ment on Perry's Bight, Long Is- ' land Sound. Property is located ~on the ~ Orient. 8:08 P.M.-In the matter of the application of James N. Bailel submitted by Eh-Consultants Inc. to construct a series of walks stairs, platforms leading down 'a i x ii)- nmged ramp and/i) x'10' float. Walks and stairs lead from..l~x~-rocky mu~i ~owr through rocks and boulders Width of w~ll~s and stairs will b~ 5'. Width of decks is variable. Property is located on Block Is- land Sound, Fisher's Island. All persons interested in said matters should appear at time and place above specified and will be given an opportunity to be heard. Comments may be submitted in writing also. .:~ DATED:September 9, 1985 Henry P. Smith, President Board of Town Trustees STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~ .... v ~ ..... of Greenport, in said County. being duly sworn, says that he/she is Principal Clark of TliE SUFFOLK TIMES. a Weakly Newspaper. published at Greenport, in the Town of $outhold. County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the ~2 dayof September 19 85 P/~cipJclerk ~/ Swornt°bFf°r~methis /g ff"~ M //~ ~ / i Suffolk Ceunly ~. 4748183~ DEPARTMENT OF' THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS NEW YORK. N. Y. 10278-0090 September 9, 1985 Regulatory Branch/Eastern Permits Section SUBJECT: Application No. 85-490-L2, by James N. Bailey Ilene Pfifferling ~oard of Town Trustees Town of Southold, Town Hall 53095 Main Road P.O. Box 728 Southold, NY 11971 Dear Ms. Pfifferling: We have received a request for Department of the Army authorization for the following activity: ACTIVITY: Construct a series of walkways, stairs, platforms, and an irregular shaped deck mostly above mean high water leading down to a 15 foot by 4 foot hinged ramp and a 10 foot by 10 foot float; IN: Block Island Sound AT: Fisher's Island, Town of Southold, Suffolk County, New York APPLICATION BY: James N. Bailey 101 Summer Street Boston, MA 02110 As this work is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawing is requested. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456 (c), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. Sincerely, James M. Mansky Chief, Regulatory Branch Enclosure BOARD OF TOWN TRUSTEES TOWN O1~ SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 NOTICE OF NO S.E.Q.R. NEGATIVE DECLARATION SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: August 28, 1985 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead'agency for the action described below, has determined that the project, whi6h iR unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION: En-Consultants, Inc. on behalf of James N. Bailey to construct a series of stairs, walks, platforms leading down to a 4' x 15' hinged ramp and (1) 10'xl-' float. Walks and stairs lead from top of rockey bluff down through rocks and boulders. Width of walks and stairs will be 5'. Width of decks is variable. Property is located on Fishers Island. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment ~has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the Southold Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building department, it is assumed that there are no objections nor conunents from those agencies. Further information can be obtained by contacting Henry P. Smith, President, Board of Town Trustees, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: Charles Hamilton, D.E.C., Stony Brook EnLConsultants, Inc. C~mmissioner Henry G. williams, D.E.C., Albany James N. Bailey Southold Town Building Dept. Southold Town Conseryation Advisory Council Town Clerk's Bulletin Board Aram_~erchunian, Coastal Management Trustees RESOLUTION - June 26, 1985 RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of James N. Bailey submitted by En-Consultants, Inc. for a Wetland Permit on certain property located at Fisher's Island on Block Island Sound. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 OATE OF APPLICATION .... U~J~JJ ....... IDENTITY OF APPLICANT ...... ~[~__~(tJJJ)~ ..... ~I-~--~&Z-~LS~ PHONE NO ADDRESS OF APPL I CANT____l_0L_Surnll_l_e_r_S_~_B_oJ)ton, TAX Map No._.__~j.r~.L,_.._i~OO~_~:L~2~j_LI~_L,__L~ar.._6..~, AGENT___~j[_k~aje' $n__~li~j.L,kk, L. lLa.jalr~_,lj2..9.jlorth.j2.~gC,_o,qouthampCa.,qHONE NO.__ N.Y. 11968 516-283-6360 PERUIT REQUESTED TO Construct a series of walks~__stair~z_platforms leadin~_d~M~__ to a 4' x 15' hinged ramp and (1) 10' x 10' float. Walks and stairs lead from top of rocky bluff down through rocks and boulders. Width of walks and stairs will be 5'. Width of decks is variable. Fisher' s I s_l_a_m d__. HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM ~- 101 .~umner St. ,~:B0s. t..o~_~, Mass.. 02-110. If you wish to visit site, call 516-788-7268, Anthony Marshall for inspection. CREEK. SIZE OF PROPOSED ~ORK LENGTH AFORESAID LOCATION Block Island Sound WIDTH DEPTH BELOW LOW WATER E/A_. YARDS TO BE EXCAVATED None Block Island Sound part FRONTING PROPERTY of Atlantic Ocean variable yj~o 4' ~ .... no channels all deep water DISTANCE TO THE NEAREBT CHANNEL FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA IS THIS FOR PRIVATE OR BUSINESS usE?..;,,.__~_~vate AREA ZONING Residence A FT. INTENDED USE OF PROPERTY __residence - no chan~_~ DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE none known DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY jlope wll__l b_~e_rehabilitated to stabilize WRITTEN CON~ENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPL I CANT. see attached COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: BEING DULY SWORN DEPOSES AND SAYS THAT HE AND THAT ALL BTATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AB MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTNOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. SlGNAT0~EJOF APPliCANT iS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, SWORN TO BEFORE ME THIS /(~ ~--~ NOTpY PUBL [ C / ' ./ '"~.1}!~U47.1~127, Suf~l~ EXJ~MINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS. WHARVES" PERMIT CONDITIONS, IF ANY (CHAPTER 32) EX~MINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT FNV~RONMEHTA/AssFsSMFNT FORM Project Information (To be completed by Applicant or Project sponsor) I James N. Bailey, by Eh-Consultants Inc. Municipality Fisher's Island count~ Suffolk [~ New [] Expansion [] Modification/alteration S. Oescribeproiectbriefly: Construct a series of walks, stairs, platforms, leading down to a 4' x 15' hinged ramp and (1) 10' x 10' float. Walks and stairs lead from top of rocky bluff dow~ through rocks and boulders. Width of walks End stairs will be 5'. Width of decks is variable. Note: If you wish to visit site, call 516-788-7268, Anthony Marshall for inspection [] Yes [] No If No, describe briefly [](Residential [] Industrial [] C ...... iai [] Agricultu,e [] Parkland/open space [] Other Describe: ~ YeJ [] No It yes. list agency(s} and permitJapprovals NYSDEC TW PEP. MIT DOS APPROVAL CORPS PERMIT [] Yes ~ NO If yes, llst agency name and petmilJapproval type ~ I C~[RTIFY TI'IAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUspon$ot ~',ame: R~ T, ~j~; P1'~I~ Date: ~y o /o ~o 8~oc I< /saa,~ O y-~c'T: -r'~tRU pF(oPo~D Doric F~£T I CAMBRIDOE ASSOCIATES, INC. IO~ SUMMER STREET BOSTON~ MASSACHUSETTS January 15, 1985 Mr. Roy L. Haje En-Consultants, Inc. 64 North Main Street Southampton, NY 11968 Dear Mr. Haje: I hereby authorize En-Consultants, Inc. to apply for permits on my behalf. Sincerely, JNB:rr BOSTON WASHINGTON~ D.C. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 Date: June 17, 1985 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form Submitted by En-Consultants, Inc. on behalf of James N. Bailey in connection with his application for a Wetland Permit to construct a series of walks, stairs, platforms leading down to a 4' x 15' hinged ramp and (1) 10' x 10' float. Walks and stairs lead from top of rocky bluff down through rocks and boulders. Width of walks and stairs will be 5', width of deck is variable. Property is located on Fisher's Island, on block Island Sound. ~ /~.~ ~ Henry P.' Smith, President Board of Town Trustees Posted: June 17, 1985 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 18, 1985 TELEPHONE (516) 765-1892 Mr. Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 ~Dear Mr. Hamilton: Enclosed is the submitted by Roy L. Permit. application of Mr. James N. Bailey Haje, En-Consultants, Inc. for a Wetland This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your view on this matter. Written comments on this project will be received at this office until July 8, 1985 We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES Ilene Pfifferling ' Secretary to Board Attachments cc: Commissioner Williams Southold Town Building Dept. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 17, 1985 TELEPHONE (516) 765-1892 Mr. Frank Cichanowicz, III, Chairman Southold Town Conservation Advisory Council Southold Town Hall Southold, New York 11971 Dear Mr. Cichanowicz: Transmitted herewith is application no.285 for a wetland permit submitted by En-Consultants, Inc. on behalf of James N. Bailey. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, HENRY p. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES Ilene Pfifferling Secretary to Board Attachment / / t [ ./ I / 1" I~ I i / \ ,f , / ".' :::': /