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Home My WebLink AboutBlower, Paolo & Jean James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~lAnnex 54375M~nRoad P.O. Box 1179 SouthMd, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD CERTIFICATE OF COMPLIANCE # 0509C Date January 19, 2010 THIS CERTIFIES that the removal of vegetated debris within 100' of the wetland boundary and re-vegetation of area with 6 white oaks and 12 pitch pines At 5865 Soundview Ave., Southold Suffolk County Tax Map #58-1-3 Conforms to the application for a Trustees Permit heretofore filed in this office dated 9/12/07 pursuant to which Trustees Wetland Permit #6709A dated 9/19/07 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the removal of vegetated debris within 100' of the wetland boundary and re-vegetation of area with 6 white oaks and 12 pitch pines. The certificate is issued to PAOLO BLOWER owner of the aforesaid property. Authorized Signature James F~ King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January21,2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: PAOLO & JEAN BLOWER 5865 SOUNDVlEW AVE., SOUTHOLD SCTM#58-1-3 Dear Mr. Anderson: The Board of TOwn Trustees took the following action dudng its regular meeting held on Wed., January 21, 2009 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of PAOLO & JEAN BLOWER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the $outhold Town Code, the Wetland Ordinance, original application dated October 19, 2006 and updated November 20, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 6- Protect and restore the quality and function of the Town of Southold ecosystem, Policy 6.2 - Protect and restore Significant Coastal Fish and Wildlife Habitats, and Policy 6.3 - Protect and restore tidal and freshwater wetlands, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 21, 2009, 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 structure, as applied for, does not comply with the standards set forth in Chapter 275 of the Southold Town Code, specifically Section 275-11, Construction and operation standards, C(2)(d), the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; the dock will adversely affect views, viewsheds and vistas important to the community; and the cumulative impacts of a residential dock will change the environment and an alternate design, construction, and location of the dock will not minimize cumulative impacts, and, WHEREAS, the Board has determined that the structure, as applied for, does not comply with the standards set forth in Chapter. 275-12, Standards for issuance of permit, as it will (A) adversely affect the wetlands of the Town, (I) otherwise adversely affect the health, safety and general welfare of the people of the Town, and (J) adversely affect the aesthetic value of the wetland and adjacent areas and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and based upon the application's failure to meet the standards contained in Chapter 275 of the Town Code. that the Board of Trustees deems the proposed project to be Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on the size and location of the proposed structure within a maritime interdunal swale and significant fish and wildlife habitat area, and, BE IT FUTHER, RESOLVED, that the Board of Trustees DISAPPROVES the application of PAOLO & JEAN BLOWER to construct an elevated fixed catwalk measuring overall 4'X 205' within the northern section of the subject property, with open fiberglass grating and elevated a min. of 4' above the wetlands, and as depicted On the plans prepared by Suffolk Environmental Consulting, Inc. dated July 2, 2008. This i? not a determination from any other agency. Very truly yours, ~ JaYmes F. Kin~'g, P~en! Board of Trustees JFK/Ims Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6541 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 14, 2009, the following recommendation was made: Moved by Don Wilder, seconded by Doug Hardy, to NOT SUPPORT the Wetland Permit application of PAOLO & ,JEAN BLOWER to construct an elevated fixed catwalk measuring overall 4' X 205' within the northern section of the subject property. All decking to be open fiberglass grating and elevated a min. 4' above the wetlands. Located: 5865 Soundview Ave. Southold. SCTM#58-1-3 Inspected by: Don Wilder Vote of Council: Ayes: Don Wilder, Doug Hardy Nays: Jack McGreevy, Peter Young The motion was lost. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765~1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: PAOLO & JEAN BLOWER request a Wetland Permit to construct an elevated fixed catwalk measuring overall 4' X 205' within the northern section of the subject property. All decking to be open fiberglass grating and elevated a min. 4' above the wetlands. Located: 5865 Soundview Ave. Southold. SCTM#58-1-3 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: ~J.King __J.Doherty__P.Dickerson __ __ D. Dzenkowski Mark Terry. other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- DEC PERMIT NUMBER 1-4738-03650/00001 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE July 24, 2008 EXPIRATION DATE(S) July 23, 2018 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Adicle 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control E/ Article 23, Title 27: Mined Land Reclamation · Article 24: Freshwater Wetlands [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management E] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR Recreational Rivers [] Article 25: Tidal Wetlands ,.... 380: Radiation Control /fi E] 6NYCRR 608: Water Quality Certification [] Article 27, Title 7; 6NYCRR 360: //[ Solid Waste Uana~lement II Paolo&JeanBIower / , ADDRESS OF PERMI~EE / cio The Ocean Club, 799 Crandom Blvd. Apt. 1203, Key Biscayne, FI. ~~~ CONTACT PERSON FOR PERMI~ED WORK ~~ NUMBER Suffolk Environmental Consulting Inc. P.O. Box 2003, Bridgehampton, N.Y. 11932-2003 ~ (631) 537-5160 NAME AND ADDRESS OF PROJECT/FACILITY Blower Property, N/S Soundview Ave. Southold COUNTY I TOWN Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: WETLAND # NYTM COORDINATES E: N: Construct a 4 ft. x 205 ft. catwalk. Property landward of the topographic crest of the bluff as shown on survey prepared by Nathan Taft Corwin III and dated June 14, 2006 is beyond jurisdiction of Article 25. All work shall be done in accordance with NYSDEC plans stamped approved on 7/24/08 and prepared by Nathan Taft Corwin III on 6/14/06 and Suffolk Environmental Consulting Inc. on 7/2/08. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, alt applicable regulations, the General Conditions specified and any Special Conditions included as part of this )ermit. DEPUTY PERMIT ADMINISTRATOR: Susan V. Ackerman (CAF) ADDRESS Region 1 Headquarters SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 DATE I June 24, 2008 Page 1 of 4 SPECIAL CONDITIONS 1. The limits of clearing, grading and ground disturbance line is equal to one foot on each side of the proposed catwalk as shown on the approved plans. 2. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plan. 3. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 4. Heavy equipment, including bulldozers, backhoes, payloaders, etc., shall not be operated in the wetland. 5. Use of wood traated with pentachlorophenol or creosote is prohibited. Standard pressure treated lumber with CCA and its use is permitted. 6. Pressure treated lumber (CCA) used in this project shall be completely clean and free of surface deposits and must be washed for at least 5 minutes under running water to remove unfixed metals. The washing shall occur greater than 100 feet from the regulated wetland and/or waterbody. 7. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or waterbody at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located greater than 100 feet landward of the regulated wetland or waterbody at all times. If this requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to placement of equipment, machinery or tank storage within 100 feet of the regulated wetland or waterbody. 8. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 9. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 10. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 11 .Cutting of woody vegetation shall be kept to the minimum needed to install the catwalk. 12. Open fiberglass grating shall be used as the decking material as described in project description. I DEC PERMIT NUMBER I PAGE 2 of 4 1-4738-03650/00001 I NEW ~STATE DEPARTMENT Of ENVIRONMENTAL CONSERV~ON ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( FRESHWATER WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation 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 Depadment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, 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. 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 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. All necessary precautions shall be taken to preclude contamination ofanywetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks 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 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 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 6NYCRR Part 608, the NYS Department of Environmental 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 (PL 95-217) provided that alt of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. All activities authorized by this permit must be in strict conformance with the approved ~lans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Nathan Taft Corwin III on 6/14/06 and Suffolk Environmental Consultinq Inc. on 7/2/08. I DEC PERMIT NUMBER I PAGE 3 of 4 1-4738-03650/00001 I Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and held harmless the Department of Environmental Conservation of the State of New York, its raprasentatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities a)Jthorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permifiee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize 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. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permifiee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate wdtten application to the Department for renewal, modification or transfer of this. permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in wdting. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 General Conditibn 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the dght to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered matedal information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any previsions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMITNUMBER PAGE 4 of 4 1-4738-03650/00001 RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATiON/ADDRESS: CONTRACTOR NAME: ~pJ~~NT OF CONSTRIJ~..~ COMPLIANCE OR FAX TO: 631-444-0272 Bureau of Habitat NYSDEC 50 Cimle Road - SUNY Stony Brook, NY 11790-3409' ISSUED TO: ADDRESS: TELEPHONE: Dear Sir: Pumuant to the General Condition of the referenced permit, you are hereby notified that the authorized activity shall commence on · We certify that we have read the referenced permit and appmved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all pian notes and permit conditions. The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANYASSOCIATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMITAND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. , Cut along this line ~ ~ ~ NOT CE OF COMPLETION OF CONSTRUCTI6'~· .............................................. RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-444-0272 Bureau of Habitat NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-3409 PERMIT NUMBER: PROJECT LOCATION/ADDRESS: ISSUED TO: CONTRACTORNAME: ADDRESS: TELEPHONE: DearSir: Pursuant to the General Condition of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS ,~,~OTICE, WITH PHOTOGRAP~& ~- ~ HE COM~L~- ~ cu woR~ /~vu/oF~ A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95-20-1 (11/03) -9d New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number,/"" c/'7.~'.--O.E,G~-o,~,o.-~:~' Regional Permit Administrator Expiration Date ~ ROGER EVANS NOTE: This notice is NOT a permit BLAUER Proposed Catwalk Soundview Avenue; Town of Southold, NY 1000 - 058 - 01 - 003 Photograph of filled path through wetlands at Peconic Dunes County Park. The view is to the north toward Long Island Sound. BLA UER Proposed Catwalk Soundview Avenue; Town of Southold, NY 1000 - 058 - 01 - 003 Photograph of the existing elevated catwalk to access Munn Point in the Village of Southampton. The access to Munn Point is a tidal marsh. The Village Trustees elected to use an elevated catwalk to cross the marsh as this would cause the least damage to the wetlands, The catwalk is several hundred feet long. BLAUER Proposed Catwalk Soundview Avenue; Town of Southold, NY 1000 - 058 - 01 - 003 Photograph of signage at trail head in Sagaponack Swamp. BLAUER Proposed Catwalk Soundview Avenue; Town of Southold, NY 1000 - 058 - 01 - 003 Photograph of a typical elevated catwalk used to traverse particularly sensitive sections of the trail through Sagaponack Swamp. BLAUER Proposed Catwalk Soundview Avenue; Town of Southold, NY 1000 - 058 - 01 - 003 Photograph of potential catwalk location through the open bog. The view is to the north. The length of the proposed elevated catwalk would be longer here, but require minimal or no clearing of the existing vegetation. Environmental Impacts/Review and Considerations on application of Paolo and Jean Blower Date: January 22, 2007 TO: Southold Town Board of Trustees Lauren Standish, Secretarial Assistant FROM: Heather Cusack, Environmental Technician RE: PAOLO AND JEAN BLOWER 5865 SOUNDVlEW AVE., SOUTHOLD SCTM# 58-1-3 REPORT: This report is in response to the Trustees' request for an inventory of the above referenced parcel and a review of the application proposed to the Board of Trustees. PURPOSE: The purpose is to determine the effect of the above application on the natural resources of the Town of Southold. STATEMENT OF FACTS are as follows: Applicant applied for a permit to construct an elevated timber catwalk 4' x 205' through a freshwater wetland, and pathways 4' wide connecting catwalk from the existing dwelling and the top of the bluff; dated 10/19/06. FINDINGS These are my findings on this project, as the Environmental Technician for the Board of Trustees, Town of Southold. The lot is located in a globally rare natural plant community, an interdunal freshwater wetland swale. This is a distinct ecosystem that is seasonally flooded throughout the freshwater wetland area. It is a dynamic system that is susceptible to saltwater intrusion and shifting sand formation. An interdunal swale forms an ecosystem that occurs sporadically along the Atlantic coast, seasonally flooded depressions that occur in the back dunes and contain rare plants, recharge areas for groundwater, and amphibian habitats. The subject property is located in a New York State designated Significant Fish and Wildlife Habitat, by the Department of State, and the New York Natural Heritage Program. The proposed catwalk is located through a cranberry bog/freshwater wetland, as defined in Chapter 275 Wetlands and Shoreline of the Town Code, 275-2, Definitions, Wetlands (Freshwater) (2). On my site visit on January 16, 2007 I found the following plant species: Wetland Trees *Red Maple (Acer rubrum) Pitch Pine (Pinus rigida) Pin oak (Quercus palustris) Scrub oak (Quercus illicifolia) Eastern Red Cedar (Juniperus virginiana) Black gum/Tupelo (Nyssa sylvatica) Shadbush (Amelanchier spp.) Wetland Shrubs *Common winterberry (Ilex verticillata) Sweet pepperbush (Clethra alnifolia) Highbush blueberry (Vaccinium corymbosum) Bayberry (Myrica pensylvanica) Sweet gale (Myrica gale) Swamp azalea (Rhodendron viscosum) Huckleberry (Vaccinium spp.) Emergent vegetation (others thero but difficult to locate in January) *Bulrushes (Scirpus spp.) *Common Reed (Phragmites australis) Ferns - Royal fern (Osmunda regalis), Marsh fern (Thelpteris palustris), Sensitive fern (Onoclea sensibilis) Free Floating vegetation *Duckweed (Lemna spp.) Wet meadow vegetation/Aquatic and Semi-Aquatic plants *Sedges (Carex spp.)(Tussock sedge) *Rushes (Juncus spp.) Soft rush (Juncus effuses) Cattails (Typha spp.) - only in the very eastern part of the wetland Meadow rue (Thalictrum polygonum) Blue flag (Iris versicolor or prismatica) Jewelweed (Impatiens capensis) Swamp Rose-mallow (Hibiscus moschutos) Marsh St. John Wort (Hypericum virginicm) Yellow eyed grass (Xyris torta) Round leafed Sundew (Drosera rotundifolia) Little bluestem (Schizachyrium scoparium) Meadow beauty (Rhelex virginica) Northern Bugleweed (Lycopus uniflorus) Poison ivy (Toxicodendron radicans) Bog mat vegetation *Sphagnum mosses (Sphagnum spp.) *Cranberries (Vaccinium spp.) Submergent vegetation *Bladderworts (Utricularia spp.) *Water smartweed (Polygonum amphibium) Grasses/flowers (in the dune area) American Beachgrass (Ammophila breviligulata) Goldenrod · Starred species are listed in Chapter 275 under Definitions Wetlands Wildlife species indicative of this habitat but not observed due to the time of year may include the following; More extensive and detailed animal lists can be found on the NYSDEC website. Freshwater snail Butterfly Dragonfly Bullfrog Green frog Eastern newt Spring peeper Spade foot toad Snapping turtle Painted turtle Piping plover Least tern Great blue heron Muskrat Spotted salamander The freshwater wetland is 1.21 acres. The Coastal Erosion hazard area is 1.75 acres. The wetland coverage from the proposed catwalk would be 820 square feet. Oak and pitch pine trees have been topped, pruned, and cut on either side, in the middle of, and on the seaward side of the wetland. There is a path on the eastern part of the property that crosses the wetland where boards of lumber have been placed and parts of the wetland have been trampled as a narrow access path that probably was used in the past by previous residents. Suggested Environmental Considerations The following are questions for the applicant and information that I suggest be investigated/considered: 1.4' wide pathways are proposed for dune area from the house to the proposed catwalk and from the seaward end of the proposed catwalk to the top of bluff, but there is no information in the application as to the construction of these paths. Will there be removal of dune vegetation? Placement of woodchips or otherwise to delineate a path? 2. Has the applicant received a permit from the NYSDEC for the catwalk? I checked the NYSDEC website; the permit has been applied for but the site indicates that a permit has not yet been issued. I put the NYSDEC contact information in the file. 3. The construction of the catwalk at the proposed location will require the removal of a large amount of wetland shrub vegetation, primarily mature Highbush Blueberry, and also other plant species as listed above. The impact to the wetland will include the loss of wetland due to the placement of posts, the removal of these plants, and the loss of their contribution to nutrient flow and habitat within the wetland, and the coverage that will occur due to a 4' wide walkway. 4. Removal of all the wood from the trees that were cut out of the wetland and dune, to an upland area. 5. Lastly an important fact is that there are no other structures through this area of interdunal freshwater wetland swale that I observed, from Goldsmith's Inlet east past the County Park at Peconic Dunes Camp. Allowing a structure through this rare and sensitive wetland sets a precedent for allowing additional structures through this habitat on other properties, and impacts through the loss of plants and on the wetlands. Legislative Environmental Considerations Listed in the purpose and jurisdiction and definitions of Chapter 275, in 275-2 and 275-3, B "Wetlands are lands and submerged lands commonly called bogs, containing bog mat vegetation including cranberries (Vaccinium sp.), and other fresh water wetland systems", and "the purpose of Chapter 275 is to ensure for the residents of the Town of Southold the protection and preservation of its wetlands and that their values, including protection of groundwater, flood control, plant and wildlife habitat, protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat, protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity, prevention of loss or degradation of critical wildlife and plant habitat" and these will be impacted by the proposed structure in this area. Also, Chapter 275. Section 12B.of the Southold Town Code states that "The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: A. Adversely affect the wetlands of the Town, D. Adversely affect aquatic wildlife and vegetation or the natural habitat thereof, J Adversely affect the aesthetic value of the wetland and adjacent areas." According to past aerial photography and historical information the groundwater table experiences seasonal fluctuations and the size of the wetlands increase with the movement of groundwater. The subject property has been identified as designated by the Department of State and the New York State Natural Heritage Program as a globally rare habitat that is found only in five places on Long Island. This ecosystem has been identified as the only interdunal swale ecosystem occurring in the Town of Southold and contains the rare Iris prismatica, and the maritime dunes that are also designated as State Rare by the New York State Natural Heritage Program. The New York State Natural Heritage program has issued a publication in which interdunal swales are listed as priority habitats for conservation. The disturbance of swales and the surrounding dunes will often lead to invasion by the common reed (European Phragmites) and Purple Loosestrife (Lythrurn sa/icada). A small stand of Phragmites is found in that area now and impacts may support an invasion of Phragmites and a loss of valuable wetland species. Possible Mitigation Strategies A narrower catwalk; 2-3' instead of 4'; use of fiberglass grating to allow for plants to grow and no CCA or ACQ treated lumber used in the construction. Currently there is a walkway of wood planks to the east of the proposed catwalk that has presumably been used to cross the wetland; these are laid down in an open area of cranberry bog and sphagnum moss wetland, and there is less impact to the wetland by accessing the beach through this type of temporary, seasonally placed (during the summer months it will be a lot drier through there) walkway than a permanent structure where vegetation is removed. Another possibility is a roll up walkway similar to what is used in Southampton to cross the dunes in areas, with support that are smaller than what is needed for a 4' wide catwalk. CONCLUSION In response to your request for my report/inventory, I would recommend that the based on that the area is a globally rare habitat and in order to protect this unique habitat the only mitigation is no construction or the placement of temporary planks to cross the wetland. In addition, information from the State documents the sensitivity of the area. The proposed catwalk and walkway will adversely affect this natural habitat. Allowing a structure here sets a bad precedent for protecting the rest of this habitat; I recommend the strictest constraints in the swale. The applicant has not demonstrated that there will not be negative impacts from the proposed construction. I would request that they do an impact assessment, and be responsible for showing that there will be no impact on the wetland and dune. Attachments: 1. Suffolk County Aerial photograph showing Freshwater Wetlands Delineated by Town of Southold 2. Suffolk County Aerial photograph 2004 showing site; Existing path can be seen. 3. Chapter 275 Wetland definition 4. NYSDEC freshwater wetland plant list 5. Photos of site showing location of proposed catwalk and trees that have been cut. Heather Cusack Environmental Technician Reference Material for Latin names for plant species on site Magee, Dennis. 1982. Freshwater Wetlands: A Guide to Common Indicator Plants of the Northeast. University of Mass. Press Duncan, W.H., and Duncan, M.B. 1987. Seaside plants of the Gulf and At/antic Coasts. Smithsonian press. Helquist, C.B. and Crowe, G.F.2000, Aquatic and Wetland P/ants, University of Wisconsin. Lyons, Janet and Jordan, Sandra. 1989. Wa/king the Wet/ands. John Wiley and Sons Press. Stewart, Pamela G. and Springer-Rushia, Linda. 1998. A Field Guide to Long Island's Freshwater Wetlands, The Museum of Long island Natural Sciences, SUNY, Stony Brook. Eastman, John, 1997. The Book of Swamp and Bog, Stackpole Books James F. King, President Jill M. DoherW, Vice:President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Soutttold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: '~-[Z -O-I Suffolk Environmental Consulting, Inc. on behalf of PAOLO & JEAN BLOWER requests a Wetland Permit to construct an elevated timber catwalk 4'X 20~' situated within the central portion of the subject property, as well as pathways 4' wide max., connecting said catwalk from both the existing dwelling and the top of the bluff. Located: 5865 Soundview Ave., Southold. SCTM#58-1-3 Type of area to be impac~te~ __Saltwater Wetland [" Freshwater Wetland Distance of proposed work to edge of above: Sound Front Bay Front ~cof Town Code proposed work falls under: __Chapt.275 Chapt. 111 other / Type of Application: fWetland __Coastal Erosion __Amendment __Administrative __Emergency Info needed: Modifications: Conditions: ~&C c~ec',~,~ o',-, ~,,~.,~7,_ ~m& x~,:a k~ ~o,~[ ~¢4,¢a~-T~gtr~j a~ Pres t Were ~J. King ~J.Dohert ~/P Dickerson fD Ber en V/rB Ghosio Jr -resjm : . __. y__ . . g __ ... , L~. Cusack ~TD. Dzenkowski other Mailed/Faxed to: Date: Environmental Technician Review ~'~e [[ttl O~ '¢'~'~ ~k~¢~D [0,.k ~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~] 6~t 2_00(- Name of Applicant: p(~ O / o Name of Agent: SM~¥~(~- Property Location: SCTM# & Street Brief Description of proposed action: Type of area to be impacte~ 6tn~ ¼ag,'[-~Jr Saltwater Wetlandc/F Freshwater Wetland Sound Front Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: v/Chapt.~ Chapt. 37 other Type of Application: Wetland __Coastal Erosion __Amendment __Administrative __Emergency Modifications: Conditions: Present Were: __J.King __J.Doherty ._P.Dickerson D. Bergen Maiied/Faxed to: Date: BLO WEll Property Situate: n/s Soundview Avenue; Town of Southold, NY SCTM #: I000 - O58 - Ol - 003 (Pholo lake~ on Oclober 9, 9006) Photo indicating the staked locations of the landward end of the proposed elevated catwalk within the northern half of subject property. Photo taken from the central section of subject property, facing north towards Long Island Sound. BLOWER Property Situate: n/s Soundview Avenue; Town of Southold, NY SCTM #: 1000 - 058 - 01 - 00~ (Photo la]ce~l o~ October 2, 20069 Photo indicating the staked locations of the landward end of the proposed elevated catwalk within the northern half of subject property. Photo taken from the central section of subject property, facing northwest. BLOWER Property Situate: n/s Soundview Avenue; Town of Southold, NY SCTM #: 1000 - 058 - 01 - 00~ (Pholo ta~'e~l o~ October ~, ~2006~ Photo indicating where the proposed elevated catwalk will traverse across the northern section of subject property. Photo taken from the central section of subject property, facing north, towards Long Island Sound. BLOWER Property Situate: n/s Soundview Avenue; Town of Southold, NY SCTM #: 1000 - 058 - 01 - 005 (Photo taken o~l October '2, 900(;) Photo indicating the staked locations of the seaward end of the proposed elevated catwalk within the northern half of subject property. Photo taken from the northern section of subject property, facing south, towards Soundview Avenue. BLOWER Property Situate: n/s Soundview Avenue; Town of Southold, NY SCTM #: 1000 - O58 - Ol - 00S (Photo tahen on Ovtober '4 200(7) Photo indicating the current conditions of the northern section of subject property at the approximate northern end of the proposed elevated catwalk. Photo taken from the northern section of subject property, facing north towards Long Island Sound. Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., November 8, 2006, the following recommendation was made: Moved by Peter Young, seconded by Jack McGreevy, it was RESOLVED to TABLE the Wetland Permit application of PAOLO & JEAN BLOWER to Construct an elevated timber catwalk 4'X 205' situated within the central portion of the subject property, as well as pathways 4' wide max., connecting said catwalk from both the existing dwelling and the top of the bluff. Located: 5865 Soundview Ave., Southold. SCTM#58-1-3 Inspected by: Peter Young, Jack McGreevy The CAC Tables the application because the project was not staked and feels more details are needed in order to make a determination, such as type of materials and method of construction. Vote of Council: Ayes: All Motion Carried BLOWER Property Situate: n/s Soundvie~v Avenue; Town of Southold, NY SCTM #: 1000 - o58 - O1 - O03 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President November 19, ~'OO8 , -----L,~ # / t , ._ Re: BLOWER Application Situate: n/s Soundview Avenue; Town of Southold, NY SCTM #: lOOO-O58-O1 -oo$ Mr. James King, President Town of Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Dear Mr. King, With respect to the above referenced application, please find enclosed: (1) Proposed Elevated Catwalk Plan, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., dated July ~, ~008, indicating all specifications concerning this project (two ['~3 sets); Survey of subject property, prepared by NATHAN TAFT CORWIN, III, last dated June 10, gOOS, indicating all existing and proposed conditions thereon, including the proposed catwalk (two ['e2 prints); (s) Project Description indicating all project specifications (two [~2 copies); and (*) Copy of the New York State Department of Environmental Conservation (NYSDEC) Freshwater Wetlands Permit (No. 1-~758-05650/00001), dated July ~{, ~008, authorizing to "Construct a ~ fl' :r ~05fl. catwalk...". Kindly review the enclosed items and schedule for the next available Town of Southold Board of Trustees meeting for determination. Please contact this office should you require this office to provide public hearing notification. Should you have any questions or require additional information regarding this matter, please don't hesitate to contact me. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans eno. cc: P. & J. Blower PROJECT DESCRIPTION for the BLOWER Application Situate: Soundview Avenue; Town of Southold, New York SCTM #: 1000 - 058 - 01 - 00~ Applicant proposes to construct an elevated fixed catwalk measuring overall 4.0' wide x ~05.o' long within the northern section of subject property to traverse a small wetlands area thereon. The proposed catwalk is comprised of the following: (1) Fixed Landward Steps (4.0' wide x 8.0' long); (~) Fixed Elevated Catwalk (4.0' x 189.0' long); and ($) Fixed Seaward Steps (4.0' wide x 8.0' long). All decking to be Open Fiberglass Grating in order to allow a minimum of 60% of sunlight to pass to the vegetation below the proposed structure. Additionally, the proposed catwalk is of 4.0' above the to be elevated a minimum wetlands. PROJECT DESCRIPTION for the BLOWER Application Situate: Soundview Avenue; Town of Southold, New York SCTM #: 1000 - 058 - 01 - 003 Applicant proposes to construct an elevated fixed catwalk measuring overall 4.0' wide x ~o5.o' long within the northern section of subject property to traverse a small wetlands area thereon. The proposed catwalk is comprised of the following: (1) Fixed Landward Steps (4.0' wide x 8.0' long); (~) Fixed Elevated Catwalk (4.0' x 189.0' long); and ($) Fixed Seaward Steps (4.0' wide x 8.0' long). All decking to be Open Fiberglass Grating in order to allow a minimum of 60% of sunlight to pass to the vegetation below the proposed structure. Additionally, the proposed catwalk is of 4.0' above the to be elevated a minimum wetlands. outhhol James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ......... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~m~..//a~j.C.;t~V]_ ~".~../~bd , residing atc~3~:~ being duly sworn, depose an~t say: ' That on the ~day ofxVig~,J ,200~], I personally posted the property known as by placing the Board of Tmst~-c~'officiat Poster 4/here it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the~public heating. Date of heating noted thereon to be held (l] O,.l. ~-'/llt"l. d I, o~ ~ . - Od labout (v,:oo-pm, Dated: Sworn to before me this 1/SCda Not/try ~6'blic Matthew ~. D. Ivans Notary Public of New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20~1 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President January 13, 2009 Ms. Lauren Standish Southold Town Trustees P.O. Box 1179 Southold, NY t 1971 Re: Situate: SCTM #: BLOWER Properly 5865 Soundview Avenue; Town of Southold, NY 1000 - 058 - 01 - 003 Dear Ms. Standish, As you know, the above referenced application is scheduled to be heard by the Southold Town Board of Trustees at the regular meeting to be held on January 21, 2009. Therefore, in accordance with Town Code, please find the following enclosed herewith: · , SignedandnotarizedAffidavitofMailing; Certified Marl Receipts and copies of same. Kindly review the enclosed items and retain in your files. Please note that the green signature cards will be delivered the night of the hearing. If you have any questions, please don't hesitate to contact me. Thank you as always for your attention and consideration. Sincerely, Diane K. Wassick Encl, Cc: Mr. Blower Name: Timothy & Soaan C-ray $CTM#: 1000-58-1-2.1 County of Suffolk SCTM#: 1000-59-5-1.1 Timothy & Susan Gray SCTM#: 1000-58-1-2.2 Dennis & Junice Davis $CTM#: 1000-59-8-5.11 Vasiliki Adamis SCTM#: 1000-59-8-5.9 C ,,~, PROOF O? MAILING OF NOTI~..~ ATTACH CERTIFIED MAIL RECEIPTS Address: P.O. Box 412 Southold, NY 11971 330 Center Drive Riverhead, NY 11901 P.O. Box 412 Southold, NY 11971 6010 Soundview Avenue Southold, NY 11971 21-46 43rd Street Astoria, NY 11105 STATE OF NEW YORK COUNTY OF NEW YORK I, Diane K. W&ssi~kt residing at Suffolk Environmental Consnltin~t Inc.; Newm~ Vill&~e; Main Street; Brid~eham~tont NY, being duly sworn deposes and says that on the __ day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn t~before me this day ~200~9~ /' / Notary Public Matthew D. Ivans Notary Public of New Yom No. 011V6053859 Qualified in Suffolk County 2~tt\ Commission Expires January 22, ) Totat postage & Fees ~,~9 S0.59 Return Receipt. Fee ~O~ JAN ru Dec ~9 05 01:41p p.3 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Mr. James King, President Southold Town Trustees P. O. Box 1179 Southold, NY 11971 February 14, 1007 Application of Blower Situate: Soundview Avenue, Southold SCTM # 1000-58-1-3 Dear Mr. King, This is to request that t¢ above referenced appli¢_a!i_'on be adjourned to thc regular meeting of your Board in April, 2007 to allow sufficient for the v/olafion proceeding commenced by NYSDEC to be resolved. As discussed, tho violation will include the planting of a number of trees and removal of the larger piles of brash in accordance with a plan prepared by this office. Thank you for your cooperation. Brace A. Anderson Cc. D. Shamoon PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Town of Southold Board of Trustees From: Mark Ten-y, Principal Planner LWRP Coordinator JAN 2 2 2007 Date: January 22, 2007 Re: Proposed Wetland Permit for Blower House SCTM#1000-13-1-5.2 Suffolk Environmental Consulting, Inc. on behalf of PAOLO & JEAN BLOWER requests a Wetland Permit to construct an elevated timber catwalk 4'X 205' situated within the central portion of the subject property, as well as pathways 4' wide max., connecting said catwalk from both the existing dwelling and the top of the bluff. Located: 5865 Soundview Ave., Southold. SCTM#58-1-3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Note the catwalk is not a permitted over a vegetated wetland pursuant to 275-11. Construction and operation standards~ see response to Sub-policy 6.3 below. I Policy 6 Protect and the and function of the Town of Southold I restore quality ecosystem. THE PROPOSED ACTION IS LOCATED WITHIN A MARITIME INTERDUNAL SWALE A LOCAL, STATE AND GLOBALLY RARE ECOLOGICAL COMMUNITY. THE AREA IS ALSO A NEW YORK STATE LISTED SIGNIFICANT FISH AND WILDLIFE HABITAT AREA. THE WETLAND TRANVERSES FIVE PROPERTIES OF VARYING SIZES~ THERE ARE NO OTHER CATWALKS LOCATED WITHIN THE FRESHWATER WETLAND! ACCESS IS GAINED TO THE LONG ISLAND SOUND VIA FOOT PATHS. THE APPLICANT CURRENLTY ENJOYS ACCESS TO THE LONG ISLAND SOUND. AERIAL PHOTOS AND SITE INSPECTION INDICATE THAT THE APPLICANT HAS ESTABLISI~ED ACCESS TO THE SOUND VIA A PRONOUNCED FOOT PATH. THE FOOT PATH MEANDERS THROUGH THE FRESHWATER WETLAND AND DUNE COMMUNITIES (See Figure 2). THE PROPOSED ACTION IS LOCATED WITHIN A MARITIME INTERDUNAL SWALE A LOCAL, STATE AND GLOBALLY RARE ECOLOGICAL COMMUNITY. TIlE AREA IS ALSO A NEW YORK STATE LISTED SIGNIFICANT FISH AND WILDLIFE HABITAT AREA. THE WETLAND TRANVERSES FIVE PROPERTIES OF VARYING SIZES~ THERE ARE NO OTHER CATWP, I,KS LOCATED WITHIN THE FRESHWATER 'vVETLAND! ACCESS IS GAINED TO THE LONG ISLAND SOUND VIA FOOT PATHS. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. Protect Significant Coastal Fish and Wildlife Habitat values from uses or activities that would: 1. Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effects of actions, which would result in a loss of habitat. 2. Significantly impair the viability of the designated habitat beyond the tolerance range of important fish or wildlife species which rely on the habitat values found within the designated area through: a. degradation of existing habitat elements, b. change in environmental conditions, c. functional loss of habitat values, or d. adverse alteration of physical, biological, or chemical characteristics. The habitat impairment test presented in this section must be met for any activity that is subject to consistency review under federal and state laws. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. Definitions Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or by increases in runoff, erosion, sedimentation or pollutants. Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of important species of fish or wildlife that rely on the habitat values found within the designated area. Indicators of a significantly impaired habitat focus on ecological alterations and may include, but are not limited to, reduced carrying capacity, changes in community structure (e.g. food chain relationships, species diversity, etc), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of a species of fish or wildlife has been defined as the physiological range of conditions beyond which a species will not survive at all. In this document, the term is used to describe the ecological range of conditions that supports the specie's population or has the potential to support a restored population, where practical. Two indicators that the tolerance range of a species has been exceeded are the loss of individuals through an increase in emigration and an increase in death rate. An abrupt increase in death rate may occur as an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range of parameters that should be considered in applying the habitat impairment test include, but are not limited to, the following: 1. physical parameters, such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates 2. biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns, and chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials) The proposed action will result in a significant impairment and physical loss of rare habitat. Where the catwalk is placed in the freshwater wetland~ vegetative and benthic species loss will occur. The introduction of TREATED TIMBER construction materials would result in the leaching of hazardous materials and chemicals known to be toxic to freshwater organisms. Where destruction or significant impairment of habitat values cannot be avoided, minimize potential impacts of land use or development through appropriate mitigation. Use mitigation measures that are likely to result in the least environmentally damaging feasible alternative. Mitigation includes: 1. Avoidance of potential adverse impacts, including: a. avoiding ecologically sensitive areas, b. scheduling activities to avoid vulnerable periods in life cycles or the creation of unfavorable environmental conditions, c. preventing fragmentation of intact habitat areas. The proposed action will result in the fragmentation of a New York State Significant Fish and Wildlife Habitat Area~ setting a precedent that would result in the continued physical loss of a globally rare ecological complex. Minimization of unavoidable potential adverse impacts, including: a. reducing scale or intensity of use or development, b. designing projects to result in the least amount of potential adverse impact, 6.3 c. choosing alternative actions or methods that would lessen potential impact. Specific measures designed to protect habitat values fi.om impacts that cannot be sufficiently avoided or minimized to prevent habitat destruction or significant habitat impairment, and Specific protective measures included in the narratives for each designated Significant Coastal Fish and Wildlife Habitat area. The abilit~ to mitigate the proposed action is limited. The existing foot path allows access to the Long Island Sound. The impacts of the footpath are temporarv and seasonal. Excluding the leaching of chemicals into the ecosystem from treated wood~ with lessens over time~ the physical impacts of a catwalk structure are permanent. Due to the sensitivi .W and ecological significance of the wetland~ "no-action" is the best mitigation alternative. Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Potent and other lands under their jurisdiction Chapter 275 defines a dock as: DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks." Note the catwalk is not a permitted over a vegetated wetland pursuant to 275-11. Construction and operation standards. [3] Prohibited locations and activities. [a] Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay. Hashamomuck Creek and Pond and West Creek. CC: Kieran Corcoran, Assistant Town Attomey John Sepenoski, Chair, LWRP Coordinating Council Figure 1. Blower parcel. Figure 2. Blo~ver parcel showing foot path (south of black arrows). Note the footpath to the south. '~'~t Fil~ View Toolbar Help Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gan'ell Peter Wenczel OCT BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P. O. Box 1179 2~[~uthold, New York 11971 Telephone (631 ) 765-1892 Fax (631) 765-1823 Office Use only Coastal Erosion Permit Application X Wetland Permit Application Grandfather Permit Application Waiver/Amendment/Changes "-Received Application: /~Received Fee: ~ompleted Application Incomplete SEQRA Classification: Type I Type II unlisted Coordination: (date sent) ~AC Referral Sent: ~-- Date of Inspection: Receipt of CAC Report: ' Lead Agency Determination: Technical Review: /Public Hearing Held:__~O~ Resolution: Name of Applicant Paolo &lean Blower Address (c/o The Ocean Club); 799 Crandom Blvd.~ The Ocean Tower #1; Apt. 1203; Key Biscayne, FL 33149 Phone Number( 631 ) 537 - 5160 Suffolk County Tax Map Number: 1000 - 058 - 01 - 003 Property Location: n/s ~o~un~view Avenue; Southold~ New York provide LILCO Pole #, distance to cross streets, and location) AGENT: Suffolk Environmental Consulting Inc. Address: P.O. Box 2003 Brid~gehampton~ NY 11932 Phone Number: (631) 537-5160 ~'ax: (631) 537-5291 Board of Trustees Application Land Area(in square Area Zoning: Previous use of property: Intended use of property: GENERAL DATA feet) : 377~ 718.03 square feet Residentially improved lot Residentially improved lot (w/catwal k) Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary) Applicant proposes to construct an elevated timber Catwalk (4.0' wide x 205.0' long) situated within the central portion of subject property, as well as pathways (4.0' wide maximum) connecting said catwalk from both the existing dwelling and the top of the bluff thereon. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes to construct an elevated timber Catwalk (4.0' wide x 205.0' long) situated within the central portion of subject property, as well as pathways (4.0' wide maximum) connecting said catwalk from both the existing dwelling and the top of the bluff thereon. Area of wetlands on lot: 68~000 Percent coverage of lot: 18.1 square feet Closest distance between nearest existing structure and upland edge of wetlands: 40.2 feet (existingreardeck) Closest distance between nearest proposed structure and upland edge of wetlands: 0.0 feet (proposed c~walk) Does the project involve excavation or filling: X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed/deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Typical hand~heldexcavatingmachinery;majorityperformedbyhand. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): N~adverseeffectt~thefreshw~erwet~ands~ida~watersisanticipatedinthatthepr~iectispr~p~sedt~ prevent foot traffic into and through the wetlands thereon, and is represented by similar structures throughout the immediate area~ which should have received all required regulatory approvals~ and which have yet to resulted in any form of adverse impact to the environment. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purpose of Proposed Activity: Applicant proposes to construct an elevated timber Catwalk (4.0' wide x 205.0' long) situated within the central portion of subject property, as well as pathways (4.0' wide maximum) connecting said catwalk from both the existing dwelling and the top of the bluff thereon. Are wetlands present within 75 feet of the proposed activity? No X Yes If Yes, how much material will be excavated? How much material will be filled? N/A N/A (cubic yards) (cubic yards) Manner in which material will be removed or deposited: N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of project as proposed. (Use attachments if necessary) the No adverse effect to the freshwater wetlands/tidal waters is anticipated in that the project is proposed to prevent foot traffic into and through the wetlands thereon~ and is represented by similar structures throughout the immediate area~ which should have received all required regulatory approval% and which have yet to resulted in any form of adverse impact to the environment. 4 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Paolo &Jean Blower SCTM #: 1000-058-01-003 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustees to: Applicant proposes to construct an elevated timber Catwalk (4.0' wide x 205.0' long) situated within the central portion of subject property, as well as pathways (4.0' wide maximum) connecting said catwalk from both the existing dwelling and the tod of the bluff thereon. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: n/s Soundview Avenue; Town of Southold~ New York 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Paulo & Jean Blower MAILING ADDRESS: (c/o The Ocean Club)~ 799 Crandom Blvd.; The Ocean Tower #1; Apt. 1203~ Key Biscayne~ FL 33149 PHONE # : Eric.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF NEW YORK I, william J. Lohn, residing at Suffolk Environmental Consulting, Inc.; Newman village; Main Street; Bridgeham~ton, NY, being duly sworn deposes and says that on the __ day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the united States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 20__ Notary Public OWN]~ ENDOI~EMENT b*TAT~ Olr 1,fEW' yoi~ cov~r~ ~ stn~ Matthew D. Iwns Notary Put}lic of New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 2007 14-16-4 (9/95)-Text 12 [ PROJECTI.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ]. APPLICANT/SPONSOR I 2. PROJECT NAME Suffolk Environmental Consulting, Inc. I B£OWER 3. PROJECT LOCATION: Municipality Towo of Sontbold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) n/s Soundview Avenue; Town of Southold, New York (SCTM #: 1000-058-01-003) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct an elevated timber Catwalk (4.0' wide x 205.0' long) situated within the central portion of subject pmpecty, as well as pathways (4.0' wide maximum) connecting said catwalk from both the existing dwelling and the top of the bluff thereon. 7. AMOUNT OF LAND EFFECTED: Inltia#¥ <0.1acres Ultimately <0.1 acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINI'~ OF PROJECT? []Residential [--hndustdal []Commercial r-lAgficultum Describe: [--IPark/Fomst/Open space I'-IOther Private single family residences with similar appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No If yes, list agency(s) and penmit/approvals New York State Department of Environmental Conservation approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 19. AS A RESULT OF PROPOSED ACTION WlLL EXlSTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOVVLEOCE Applicant/sponsor name: Matt D. lval]s Suffolk Environmental Consulting, Inc. Date: Signature: ~ - 09/13/2006 If the action is in the Coastal Area, and you am a state agency, complete the Coastal I Assessment Form before proceeding with this assessment I OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ^. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? use the FULL FAF. [] Yes [] No If yes, coordinate the review process and WILL ACTION RECEIV~ COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACT1ONS 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: (Answem may be handwritten, if legible) C1. Existing air quality, surfaco or groundwater quality, noise levels, existing traffic pettems, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agdculturel, archeological, historical or other natural or cultural resoumes; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or 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 C1 -C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT OF A CEA? []Yes []No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If yes, explain briefly PART itl - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or othenvise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rerel); (b) probability of ocouning; (c) duration; (d) irreversibility; (e) geographic scope; and (f) 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. If qusetion D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the . environmental characteristics of the CEA. [] Chec~ 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 of Lead Agency Print or Type Name of Responsible Officer Signature of Responsible Officer in Lead Agency Tifle of Responsible Officer Signature of Preparer (if different From responsible officer) James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ..... ......... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~/./~¢L .¢~4]~.~,~;5i~ . residing at ff~/~ M/~, ,~ ~. belng d~'ly swom,'d~s~ ~d say: ' ' ' ' That on theory of~, 20~, I personally posted ~e prope~y ~own as ~p~acing ~e Bo~d of Tmsfees official p~ste~ where it c~ e~ily be seen, ~d that I have checked to be s~e the poster h~ remained in place for ei~t days prior to ~e date of the public he~ng. Date of he~ng noted thereon to be held ~1~ ~ ~ ~ ~ 1. t X ~ ~ ~ Sworn to before me this /.~day ofA~ 200~ Matthew Q. Ivans Notary Public of New York No 01tV6053859 Qualified in Suflolk County Commission Expires January 22, 2007 Name: Timothy & Susan Gray County of Suffolk Timothy & Susan Gray Dennis & Janice Davis Vasiliki Adamis PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: P.O. Box 412 Southold. NY 11971 330 Center Drive Riverhead, NY 11901 P.O. Box 412 Southold, NY 11971 6010 Soundview Avenue Southold, NY 11971 21-46 4? Street Astoria, NY I 1105 STATE OF NEW YORK COUNTY OF NEW YORK I, Diane K. Wassickr residing at Suffolk Environmental Consultin~r Inc.; Newman Villa~e; Main Street; Brid~ebA~tonr NY, being duly sworn deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to ~efore me this /~ day of ~Ov~t, 20 ~ Matthew D. Ivans Notary Pub;ic of New Yorlt NO. 011VR053659 Qualified in $ ,1 etk County Commiss on Expires January 22, 20 G "~ Town of $outhold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 058 01 003 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct an elevated timber Catwalk (4.0' wide x gos.o' long) situated within the central portion of subject property, as well as pathways (4.0' wide maximum) connecting said catwalk from both the existing dwelling and the top of the bluff thereon. Attach additional sheets if necessary Location of action: Site acreage: n/s Soundview Avenue; Southold, New York 8.671 acres Present land use: Improved w/Dwelling and appurtenances Present zoning classification: Same w/Catwalk If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: PAOLO & JEAN BLOWER (b) Mailing address: (c/o The Ocean Club); 799 Crandom Blvd. - Apt. 1203 Key Biscayne~ FL 33149 (c) Telephone number: Area Code ( 631 ) 537 - 5160 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is consistent with the policy in that the siting and utilization of the proposed catwalk is to prevent disturbance to the freshwater wetlands within the central section of subject property in order to allow access to the shoreline along the northern property boundary and Long Island Sound. Accordingiy, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subiect lot and the sorrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the proposal is to construct Iow impact catwalk within the central portion of subiect property, and which will be heavily vegetated and substantially screened from all surrounding properties. Accordingly, this proposal will comply with Policy 3. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not have an adverse impact to the water quality of the Town of Southold in that the use of a catwalk within the central section of subject property will allow the applicant to access the shoreline of Long Island Sound to the north without physically disturbing the freshwater wetlands located centrally, rather than passing through this area on foot, and potentially resulting in a negative impact to the wetlands. Accordingly, this proposal will comply with Policy 5. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will protect the surrounding freshwater ecosystem of the Town of Southold in that the use of a catwalk within the central section of subject property will allow the applicant to access the shoreline of Long Island Sound to the north without physically disturbing the freshwater wetlands located centrally, rather than passing through this area on foot~ and potentially disturbing the on-site ecosystem. Accordingly, this proposal will comply with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply to construct a catwalk to access the shoreline of Long Island Soundt and which will not result in any form of adverse effects to air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste~ toxic pollutants~ petroleum products. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IIl- Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal is attendant to a private property. Regardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is simply to construct a catwalk to access over a freshwater wetlands to the shoreline of Long Island Sound~ and to allow the property owner to utilize this waterfront property for water-dependent uses. Accordinglyt the proposal fully complies with this policy Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversiota of farmland~ the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President October 16, 2006 Mr. James King, President Southold Town Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: BLOWER Property n/s Soundview Avenue; Town of Southold, NY 10OO - 058 - O1 - 00$ Dear Mr. King, This Firm represents Paolo & Jean Safer, owners of the property referenced above, who wish to obtain all required regulatory approvals in order to construct an elevated catwalk within the central section thereon. Accordingly, approval from your Board is required. Please find enclosed herewith for your review: (1) Southold Town Board of Trustees Wetlands Application (original and two [23 copies); (2) Owner's Endorsement (three ES3 copies); (8) Short Environmental Assessment Form (original and two [-2'] copies); (4o) Local Waterfront Revitalization Consistency Assessment Form (original and two f'23 copies); (5) Photos of subject parcel (three ['$3 sets); (6) Location Map indicating subject property (three FS'I copies); (7) Aerial Photograph of subject property, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., last dated October 5, 2006, indicating the existing and proposed conditions thereon (three [~3~ copies); (8) Proposed Catwalk Assembly Plan, prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., last dated September 25, ~006, indicating the specifications of the proposed structure (three F$'] copies); (9) Survey of subject parcel, prepared by JOSEPH.4. INGEGNO, L.$., last dated September 18, 2006, indicating all existing and proposed conditions thereon (two [23 prints); and (lO) Check in the amount of $250.00 dollars to cover the requisite application fee. 2 By way of this correspondence, and on behalf of Mr. and Mrs. Blower, I respectfully request commencement of technical review of the enclosed application, and the scheduling of this matter for the first available meeting of your Board. Should you have any questions or require additional information regarding this matter, please don't hesitate to contact me. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans cc: P. & J. Blower BLOWER Property- PROPOSED ELEVATED CATWALK Situate: Soundview Avemte; Town of Southold, New York - SCTM #: 1000 - 058 - 01 - 00$ SITE PLAN DETAIL PROJECT DESCRIPTION: Applicant proposes to construct an elevated fixed catwalk within the northern section of subject property measuring ~.o' wide x ~o5.o' long in order to traverse a freshwater wetlands therein The proposed catwalk is to be elevated a minimum of 4.0' above the freshwater wetlands. Date: 'Scale: Drawn by: Comments: PROPOSED ELEVATF. D CRTW~kLK (4.0' lt¢] SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 · Bridgehampton · N~,· 11932 !631} 537 - 5160 (phone~ ~6311 537- 5291 (facsimile~ [/ BLOWER Property- PROPOSED ELEVATED CATWALK Situate: Soundview Aventte; Town of Sottthold, New York - SCTM #: lO00 - 058 - 01 - 005 SOUTH ELEVATION PROJECT DESCRIPTION: Applicant proposes to construct an elevated fixed catwalk within the northern section of subject property measuring 4.0' wide x ~05.o' long in order to traverse a freshwater wetlands therein The proposed catwalk is to be elevated a minimum of 4.0' above the freshwater wetlands. Existing Crrade 20$' PROPOSED ELEVATED CATWALK Date: ~cale: Drawn by: Comments: SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 · Bridgehampton · N~ * 11932 (6311 537- 5160 (phone/ ~631~ 537- 5291 Ifacsimile~ OF BLOWER Property- PROPOSED ELEVATED CATWALK Situate: Soundview Avenue; Town of Southold, Next: York - SCTM #: 1000 - 058 - 01 - 005 CROSS SECTION VIEW PROJECT DESCRIPTION: Pro~o~ed Header Applicant proposes to construct an elevated fixed catwalk within the northern section of subject property measuring ~.o' wide x 305.0' long in order to traverse a freshwater wetlands therein The proposed catwalk is to be elevated a minimum of 4.0' above the freshwater wetlands. Date: *Scale: Drawn by: Comments: SUFFOLK ENVIRONMENTAL CONSULTING, INC. Box 2003 · Bridgehampton · Nh' · 11932 ~631~ 537 - 5160 ~phone~ ~631) 537 - 5291 (facsimile~ OF COASTAL FISH 8,: WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Comity: Town(s): 7 V2' Quadrangle(s): Designated: Goldsmith Inlet and Beach Suffolk Southold Southold,NY October 15, 2005 I ,' ' &,..,dO Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Maritime dune and maritime freshwater interdunal swale communities, rare in New York State. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. (E = Endangered, T = Threatened, SC = Special concern) SV assessment: Piping plover (E, T-fed), least tern (T), and osprey (SC) nesting. Additive Division: 36 + 25/2 + 16/4 = 52.5 Human Use (HU)-- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: No significant human use of fish and wildlife resources of the area. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: No unusual concentrations of any fish and wildlife species in the area. Replaceability (R)-ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. R assessment: Irreplaceable. Score 64 52.5 0 1.2 Habitat Index = [ER + SV + HU + PL] = 116.5 Significance = HI x R = 139.8 Page I of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE Goldsmith Inlet and Beach LOCATION AND DESCRIPTION OF HABITAT: Goldsmith lnlet and Beach is located on the north shore of Long Island, between Mattituck Inlet to the west and Horton Neck to the east, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). This approximately 150-acre area is bounded by Long Island Sound on the north, Horton Lane on the east, Sound View Avenue on the south, and Mill Lane on the west. The fish and wildlife habitat includes a narrow area of maritime beach that extends approximately 2.25 miles along the Sound from approximately 800 feet west of Goldsmith Inlet northeast to and including Horton Lane Beach; Goldsmith Inlet and Pond and its contiguous tidal wetlands, which lie at the western end of the habitat; and a mosaic of maritime dunes, maritime freshwater interdunal swales, wetlands, and wooded uplands extending from Goldsmith Inlet County Park northeast to Great Pond. The habitat is bordered by residential development as well as undeveloped vegetated dunes. The Goldsmith Inlet and Beach area contains a variety of ecological community types, including tidal pond, maritime beach, maritime dunes, and maritime freshwater interdunal swales. These latter two communities extend from approximately 1.5 miles west of Great Pond southwest to Goldsmith Pond, and are considered rare ecological occurrences statewide by the New York Natural Heritage Program. Approximately 70 acres of maritime dune habitat extends from Great Pond to Goldsmith Inlet, with approximately 22 acres of maritime freshwater interdunal swales located adjacent to the dunes. Small wetlands containing poor fen species such as cranberries (Vacciniurn macrocarpon), sundew (Drosera intermedia), twig-rush (Cladium mariscoides), and marsh St. John's-wort (Triadenum virginicurn) are also located within the habitat. Slender blue flag (lrisprismatica), a rare plant species with less than 20 remaining sites or individuals in New York State, has been documented within the wetlands of this habitat. FISH AND WILDLIFE VALUES: The Goldsmith Inlet and Beach habitat consists of several associated significant natural ecological communities. This highly diverse area provides important nesting and feeding habitat for a variety of migratory birds. Least tem (T) and piping plover (E, T-Fed) nest along the habitat's beaches. An estimated annual average of 4 breeding pairs of piping plover (E, T-Fed) were observed at Goldsmith Inlet and beach from 1996 to 2002, with a peak of 7 pairs in 1998. Least tern (T) have nested at this site since 1997, with an estimated annual average of 8 nesting pairs from 1997 to 2002, with a peak of 22 pairs in 2000. One pair of common tern (T) was documented nesting on the beach in 2000, but none have been observed since. This species had not been noted since 1992, when 27 nesting pairs were documented. Approximately 40 adult roseate terns (E) were observed loafing near the inlet in 2001. Osprey (SC) historically nested at Goldsmith's Pond. More recently, osprey (SC) have nested at Peconic Dunes County Park, with an average of I nesting pair from 1998 to 2003. Page 2 of 6 Recreational uses of Goldsmith Inlet and Beach are concentrated in the area around Goldsmith inlet and Goldsmith Pond, where blue crab and American eel are harvested recreationally. The Town of Southold maintains a public beach at Goldsmith Inlet, and Goldsmith Inlet County Park includes 34 acres of park land which is home to a diversity of wildlife. Peconic Dunes County Park, on the west shore of Great Pond, south of Kenny Road Beach, provides access across the beach to Long Island Sound for surf fishing. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality and/or terrestrial natural resources at Goldsmith Inlet and Beach would adversely affect the biological productivity of this area. All species of fish and wildlife would be affected by water pollution, such as chemical contamination (inctuding food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, and waste disposal. Efforts should be made to improve water quality in the bay, including reduction or elimination of discharges from vessels and upland sources. Vegetated upland buffer zones should be protected or established to reduce non-point source pollution and sedimentation from upland sources. Alteration of tidal patterns in Goldsmith Inlet Pond, by modification of inlet configurations or other means, would have major impacts on the fish and wildlife communities present. No new navigation channels should be excavated within the ama. Dredging to maintain existing boat channels should be scheduled between September 15 and December 15 to minimize potential impacts on aquatic organisms, and to allow for the upland placement of dredged material when wildlife populations are least sensitive to disturbance. This is especially critical during the nesting and fiedging period for colonial nesting birds from March 15 through August 15. Dredged material placement in this area would be detrimental, but such activities may be designed to maintain or improve the habitat for certain species of wildlife. Existing and proposed dredging operations in this area should incorporate the use of best management practices to avoid and reduce adverse effects. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development (e.g., natural salt marsh, tidal flats, or shallows), would result in the loss of productive areas which support the fish and wildlife resources of the Goldsmith Inlet and Beach habitat. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall natural resource values. Unrestricted use of motorized vessels including personal watercraft in shallow waters could have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and fish. Installation and operation of water intakes could have a significant impact on juvenile (and, in some cases, adult) fish concentrations, through impingement or entrainment. Page 3 of 6 Nesting shorebirds inhabiting Goldsmith Inlet and Beach are highly vulnerable to disturbance by humans, especially during the nesting and fledgling period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-mad vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect the nesting bird species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. HABITAT IMPAIRMENT TEST: A habitat impairment test must be applied to any activity that is subject to consistency review under federal and State laws, or under applicable local laws contained in an approved local waterfront revitalization program. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. The specific habitat impairment test is as follows. In order to protect and preserve a significant habitat, land and water uses or development shall not be undertaken if such actions would: · destroy the habitat; or, · significantly impair the viability ora habitat. Habitat destruction is defined as the loss offish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or increases in runoff, erosion, sedimentation, or pollutants. Significant impairment is defined as reduction in vital resoumes (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of an organism. Indicators ora significantlyimpaired habitat focus on ecological alterations and may include but are not limited to reduced carrying capacity, changes in community structure (food chain relationships, species diversity), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of an organism is not defined as the physiological range of conditions beyond which a species will not survive at all, but as the ecological range of conditions that supports the species population or has the potential to support a restored population, where practical. Either the Page 4 of 6 loss of individuals through an increase in emigration or an increase in death rate indicates that the tolerance range of an organism has been exceeded. An abrupt increase in death rate may occur as an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range of parameters which should be considered in applying the habitat impairment test include but are not limited to the following: physical parameters such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates; biological parameters such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns; and, chemical parameters such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials). Although not comprehensive, examples of generic activities and impacts which could destroy or significantly impair the habitat are listed in the impact assessment section to assist in applying the habitat impairment test to a proposed activity. Page 5 of 6 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518) 474-6000 NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 444-0354 Town of Southold Trustees Town Hall 53095 Main Road Southold, NY 11971 Phone: (631) 765-1892 Town of Southold Planning Board Town Hall 53095 Main Road Southold, NY 11971 Phone: (631) 765-1938 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0430 New York Natural Heritage Program 625 Broadway, 5~hFloor Albany, NY 12233-4757 Phone:(518)402-8935 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 Page 6 of 6 Horton Pt GOLDSMITH iNLET AND BEACH Significant Coastal Fish and Wildlife Habitats I/New York State Goldsmith Inlet and Beach Depallment of State Division of 2000 1000 0 2000 feet_ James F. f~ng, President Jill M. Doherty, Vice~President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 6709A Date of Receipt of Application: September 12, 2007 Applicant: Paolo Blower SCTM#: 58-1-3 Project Location: 5865 Soundview Ave., Southold Date of Resolution/Issuance: September 19, 2007 Date of Expiration: Per NYSDEC Order on Consent Reviewed by: Board of Trustees Project Description: To remove vegetated debris within 100' of wetland boundary, plant 6 white oaks (6-8' height) 6' o/c in area where cutting occurred, and plant 12 pitch pine (1-2' height or larger) in area where cutting occurred, and in accordance with an Order on Consent from the NYSDEC dated March 2, 2007. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated in the Order on Consent from the NYSDEC dated March 2, 2007. Conditions: None If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Jam F~. King, Pres~'1~ Board of Trustees Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehamptom New York 11932-2003 (631) 537-5160 Fax: (631 ) 537-529 I Bruce Anderson, M.S., President Via Telecopier and Regular Mail May 8, 2007 Southold Town Trustees P. O. Box 1179 Southold, NY 11971 Attn: Jill Doherty, Trustee Re: Blower Situate: Sound Avenue, Southold SCTM # 1000-58-1-3 Dear Members of the Board, As you know, this Firm represents Mr. Blower who owns the property referenced above. Mr. Blower had made application to both the Trustees and NYSDEC for the construction of a catwalk. NYSDEC responded to our application by issuance of a violation relating to the cutting of trees which cutting was directed by Mr. Palast who had been renting the property from Mr. Blower. NYSDEC issued a Consent Order requiring the payment of fines (now satisfied), the filing of a notice covenant (now satisfied) the removal of vegetated debris within 100-feet of the wetland boundary (pending) and the planting of 6 white oak and 12 pitch pine (pending). The planting of vegetation was delayed until this fall due to the inability to properly irrigate the planted species. Enclosed herewith please find a copy of the Order on Consent between Blower and NYSDEC. Authorization from the Trustees is hereby requested to permit full satisfaction of the Order of Consent between Blower and NYSDEC. Project description is as follows: o Plant 6 white oaks (6-8' height) 6' o/c in area where cutting occurred. o Plant 12 pitch pine (1-2" height or larger) in area where cutting occurred. o Remove vegetated debris within 100-feet of wetland boundary. Kindly place this matter on the agenda for September 19th. Thank you in advance for your cooperation. Sincerely, ~~ ~ruce A.~,nderson Cc. P. Blower (via e-mail) New York State Department of Envh'onmental Conservation 50 Chicle Rd. - SUNY~ Store' Brook~ New York 11790-2356 Phone (631) 444-0275 Fax # (631) 444-0272 2OO7 IX, h-. Paolo Blower 799 Crandom Blvd., Apt. 1203 Key Biscayne, FL 33149 RE: NYSDEC v. Paolo Blower- Dear Mr. Blower: Enclosed please find an Order on Consent in resolution of the above-referenced matter. Please return the Order to Diane Radke, Agency Program Aide of the Department's Region One Bureau of Habitat, signed and notarized within ten (10) days of the receipt of this letter. Please be advised that the offer to settle this matter pursuant to an Order on Consent expires thirty (30) days from the date of receipt the Order, without further notice. Failure to return the Order as indicated above will result in this matter being referred to the Regional Attorney's Office for further enforcement action. Sincerely, Robert F. Marsh Regional Manager Bureau of Habitat RFM:djr STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION hi the Matter o£ the Violation of Articles .15, and/or 24 and Titles 11 and/or 23 of Article 71, as indicated below, of the New York State Environmental Conservation Law, by: (Suffolk County) Respondent PAOLO BLOWER ORDER ON CONSENT FILE NO. RI- WHEREAS, WHEREAS, Article 25, Title 4, of the New York State Environmental Conservation Law, (Tidal Wetlands Act) prohibits conducting any regulated activities on or adjacent to any tidal wetland without the requisite permit, or in noncompliance with the requisite permit; and WHEREAS, Article 15, Title 27 of the New York State Environmental Conservation Law,(Wild, Scenic and Recreational Rivers) prohibits conducting any regulated activities within the corridor of rivers so designated,withont the requisite permit, or in noncompliance with the requisite permit; and WHEREAS, Article 24 of the New York State Environmental Conservation Law, (Freshwater Wetlands Act) prohibits conducting any regulat~l activities on or adjacent to regulated freshwater wetlands without the requisite permit, or in noncompliance: with the requisite permit; and WHEREAS, the Department of Environmental Conservation (DEC) has documented a violation of said statutes, specifically Section 24-0701 and 25-401.1, Section Part 663.4 and Part 661, in that Respondent(s) caused and/or permitted to be cansed, the cutting of vegetation and placement of fill within the adjacent area of a NYS regulated freshwater wetland and the cutting of vegetation in the adjacent area of a NYS regulated tidal wetland without benefit of a permit from the NYSDEC in violation of the Environmeatal Conservation Law (ECL) at the property located at: 5865 Sonndview Avenue, Southold, New York. WHEREAS, Respondent(s) has/have affirmatively waived his/her/its/their fight to a public hearing in this matter m the manner provided by law and having consented to the entering and issuing of this Order, agree(s) to be bound by the terms and conditions contained hereto. NOW, having considered this matter and being duly advised, it is 1 of 5 ORDERED, that with respect to the albeesaid violation(s), there is hereby imposed upon Respondent(s), a penalty in the sum of five-thousand ($5,000.00) Dollars, of which one4housand ($1~0000.00) Dollars shall be made payable ~ eer titled check ur mone~ order lo ihe NYS Department of Enviro~ent,'}l Conserwfi~r~ ttpon thc ~gniag o£ this Order and the remaining four-thousand ($4,000.00) Dollars to be suspended provided Respondent(s) strictly adhere(s) to the terms mid conditions outlined in this Order, including Schedule A, the complim~ce schedule attached hereto and raade pert laxeof: and J~ is ft~iher ORDERED, that nothing contained herein shall be construed as preventing the Department from collecting regulatory fees where applicable; and it is further ORDERED, that this Order shall not become effective until it is executed by the Regional Director on behalf of the commissioner, and the date of execution by the Regional Director shall be the date of execution of this Order; and it is further ORDERED, that in those instances in which the Respondent(s) desire(s) that any of the provisions, terms or conditions of this Order be changed, (s)he/it/they shall make written application, setting forth the grounds for the relief sought, to the comrmssioner, c/o Craig Elgr~t, Acting Regional Attorney, New York State Department of Environmental Conservation, 50 Circle Rd., SUNY, Stony Brook, New York 11790-3409; and it is further ORDERED, that Respondent(s) shall strictly adhere to the terms and conditions outlined in this Order and in Parts I, Ii, Ill and/or IV of Schedule A, the compliance schedule attached hereto and made a part hereof; and it is further ORDERED, that any change in this Order shall not be made or become effective, except as specifically set forth by written order of the comrmssioner, such written order being made either upon written application of the Respondent(s) or upon the Comrmssioner's own findings; and it is further ORDERED, that this Order shall be deemed binding on the Respondent(s), it/his/her/their successors and assigns and all persons, firms and corporations acting under or for it/him/her/them, including, but not hmited to those who may carry on any or all of the operations now being conducted by Respondent(s), whether at the present location or at any other in this State; and it is further ORDERED, that the failure to pay any pemdty amounts due under the terms and conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the Department of Taxation and Finance, and it is further ORDERED, that a dishonored check fee of Twenty, ($20.00) Dollars will be charged for all checks which are returned for insufficient funds. Dated: Stony Brook, New York 2007 For the comrmssioner of Environmental Conservation To[ Mr. Paolo Blower 799 Crandon Blvd., Apt. 1203 Key Biscayne, FL 33149 By. PETER A. SCULLY Regional Director 2of5 CONSENT BY RESPONDENT (Individual) Respondent actaiowledges the authority and jurisdiction of the Comanissioner of Environment~ Conservation of the State of New York to issue the tbregoing Order, waives public hearing or other proceedings in this matter, accepts the terms and conditions set forth m the Order and consents to the issuance thereof'. ~ 11.4 NAME / SIGNATURE STATE OF NEW YORK s.s.: /7 .,// , ;~ COUNTY O~ Onthe~d-fi'~rbt- ffZ~d 2~Z~, before me personally came .~,~ .,-~. )/J~z/(.;,,(-(~/~-- ,to me known, who being duly s~t~a[, deposed and said that he ~sides at 3~'.41~,~ O2~ ~ .,g z) o .,t.V - ./,~//~/I -~./~, o.-~ that he is the individual described in and who executed the foregoing in~r~ment and acknowledged ~o me that~e ex/ecuted ALIC[ J KEAMER PUBLIC, State of New York Residinll ~n Suffolk County No 524822133 30£5 SCHEDULE A Compliance Schedule for Article 15 and/or 24 GENERAL REQUIREMENTS: Immediately, Respondent (s) shall cease and desist from any and 'all future violations of the New York State Environmental Cons~rvatien Law and the rules and regulations enacted pursuant thereto. All submittals to the Department required under this Order shall be made by Respondent (s) as follows: l) One Copy to the Regulatory Section, Bureau of Habitat, Region One, New York State Department of Environmental Conservation, 50 Circle Rd., SUNY, Stony Brook, New York 11790-3409. II. REMOVAL REQUIREMENTS: ] TO BE COMPLETED BY: 5/15/07 Respondent is to remove the vegetative debris to a lccation greater than 100 feet from the regulated freshwater w~and. Respondent (s) shall submit photographs of the completed work required under this schedule, to the Department within ten (10) days of its completion. No Removal Required 4of5 S~hedule A (Cont'd.) iH. RESTORATION REQUIREMENTS: [~]TO BE COMPLETED BY: 5115107 No Restoration Required SPECIFICATIONS: Respondent is to plant 18 trees, 6 white oaks; 6-8' in i height and 12 pitch pine; 1-2' in height or larger To i be planted 6' on center in the area where cutting i occurred. 100% surviwd rate ed'ter 2 growing seasons. Respondent (s) shah submit photographs of the completed work required under this schedule, lo the Department within ten (10) days of its completion. IV.NOTICE COVENANT REQUIREMENTS: IX]TO BE COMPLETED BY: 5/15/07 No Covenants Required The attached Notice Covenant 'along with a photoctrpy of "Schedule A" which is a part of your deed, must be filed at the Suffolk County Clerk's Office at 310 Center Drive, Riverbeod, NY. A copy of the filing must be provided to the Department of Environmental Conservation. The copy of the filing should be sent to: NYSDEC Bureau of Habitat 50 Circle Rd., SUNY Stony Brook, NY 11790-3409 Attn: Diane Radke 5of5 DECLARATION THIS D_ECLAR4. TI. ON, dated La) day of ~1.. ,200~_, is ma&by ~/~ ~ ~')~q~, , (hereinafter the "Declarant"), WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York (Tax Map # l~0 ,Section e~ ,Block [ .Lot ~ ), which real property is more particularly descxibed in Exhibit A annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Property is situated in or adjacent to regulated freshwater wetlands SO-26 of the Southold quadrangle, which have been inventoried and mapped by the New York State Department of Envkomental Conservation (hereinaller "Department"), pursuant to Environmental Conservation Law (heIeinafter "ECL") Article 24 (also known as the "Freshwater Wetlands Act") and Pail 664 of Title 6 of the New York Code of Rules and Regulations (hereinafter "6 NYCRR"); and WHEREAS, various activities conducted bothin and adjacent to li'eshwater wetlands are regulated by the Department pursuant to ECL Article 24 and Part 663 of 6 NYCRR and require written authorization from the Department prior to being conducted; WHEREAS, the Property is situated in or adjacent to regulated tidal wetlands which have been inventoried and mapped by the New York State Department of Envkonmental Conservation (hereinafter "Depattmeut"), pursuant to Environmental Conservation Law (hereinat%r "ECL") Article 25 (also known as the "Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations 0tereinalter "6 NYCRR"); and WHEREAS, various activities conducted both in and adjacent to tidal wetlands are regulated by the Depmtment pursuant to ECL Article 25 and Part 661 of 6 NYCRR and require written authorization from the Department prior to being conducted; NOW, THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the responsibility of a party having any right, title, or interest in the Property, to obtain from the Department or any successor organization, a current description of all activities which are regulated pursuant to ECL Article 24, Part 663 and ECL Article 25, Part 661 of 6 NYCRR, and to obtain written authorization from the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; STATE OF NEW YORK ) /,/ , ) ss. co - Y ) On the_~:~_~_~ay of (~ in the year 200 7, before me, the undersigued, a Notary Public in and for said state, personally appeared~ffg,//_ ~, /~b/r) 't:/.:~r-. ,~L~, 6ersonany known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the sine in his capacity, and that by his signature on the iustmment, the person or entity upon behalf of which the person acted, executed the instrument. ALICE I KRAMER ,qOTARY PUBLIC, State of New Yor~ Residing m Suffolk CmJnty No 52 4822133 J~ C0milllSg,op Fxplres/L~j~/Q ~/ ~TO Z LONG ISLAND SO UND 213.58' CONC DTAMOND LANE 24--- 2¸5 WkT¢~ $ 44°43'10" W sOUND x VIEW AVENUE 0 FOUND I COHO. UON, 266.85 NO TES: SURVEY OF PROPERTY SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-58-01-0~ SCALE 1"=40' JUNE 14, 2006 SEPTEMBER 18, 2006 ADDED PROPOSED CATWALK JANUARY 17, 2007 ADDED CLEARING LIMIT & NYSDEC NOTE MAY 22, 2008 LOCATED STAKES FOR END OF PROPOSED CATWALK JUNE 10, 2008 RELOCATED PROPOSED CATWALK AREA = 377,718.03 sq. ff. (TO TIE LINE) 8.671 ac. CERTIFJED TO: PAUL BLOWER JEAN BLOWER 1. ELEVATIONS ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS WHICH IS BASED ON N.G.V.D. 1929 DATUM. EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: ..... 2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. S 40'20'50" E 41.17' THE EXISTENCE OF RIGHT Of WAYS AND/OR EASEMENTS Of RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, N.Y.S. Lic. No. 50467 Nathan Taft Corw n III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 26-1789 SITE PLA.? ._D, ETAIL Scale: 1,0 --30.0 20' PROJECT DESCRIPTION: Applicant proposes to construct an elevated fixed catwalk within the northern portion of subject property measuring 4.0' wide x ~05.0' long in order to traverse a freshwater wetlands area therein. The proposed catwalk is to be elevated a minimum of 4.0' above the freshwater wetlands. SOUTH ELEV_.AT_I, ON VIEW Scale: 1.0 : ~0.0 + 205' CROSS-~SECT~ON_, AL VIEW[ Scale:. 1.0 = 10.0 '1 PROPOSED ELEVATED CATWALH for the: BLOWER Property Suffolk Environmental consulting, Inc. { { I I~OM: l~3t) S37-si60 mai Z LONG £SLAND SO L;ND 213.58' 8 SURVEY OF PROPERTY S[TUA TED A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-58-01-05 SCALE 1"=40' JUNE 14, 2006 SEPTEMBER 18, 2006 ADDED PROPOSED CATWALK AREA = 377,718.03 sq. ff. (TO TIE [JNE) 8.671 OC:. ' OCT ] 9 2006 CERTIFIED TO: PAUL BLOWER lEAN BLOWER 4 ,/ NOTES. 1, ELEVATIONS ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS WHICH IS BASED ON N.G.V.D. 1929 DATUM, EXISTtNG ELEVATIONS ARE SHOWN THUS:sou EXISTING CONTOUR LINES ARE SHOWN THUS: - -- 5o - 2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. 4 24 26 50- S 44'43'10" W sOUND ,J24 VIEW 266 85t ' ' - ~ AVENUE 40'20'50" 4~.17' E THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Josep~/~'. I~gegno Land Surveyor PHONE (651)727-2090 Fax (631)727-1727