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HomeMy WebLinkAbout1000-89.-3-11.3PLANNING 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 Al)DRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 Terry, Principal Planner ~ LWRP Coordinator ~ Date: January 22, 2007 Re: Requ~rmit for TOM & JULIA FITZPATRICK SCT~3-11~ ) Costello Marine Con~Ffi~ring Corp. on behalf of TOM & JULIA FITZPATRICK requests a Wetland Permit to construct a 4'X 16' ramp up to a 4'X 20' catwalk continuing with a 4'X 42' catwalk section onto a 4'X 20' fixed dock section with a 32"X 20' seasonal aluminum ramp onto a seasonal 6'X 20' floating dock secured by two 2-pile 8" dia. pilings. Located: 1030 Clearview Rd., Southold. SCTM#89-3-11.3 The proposed action has been reviewed to Chapter 95, 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 below Policy Standards and therefore is INCONSISTENT with the LWRP; Note the dock is not permitted over vegetated wetlands located within a New York State Significant Fish and Wildlife Habitat Area pursuant to 275-11. Construction and operation standards; see response to Sub-policy 6.3 below. The proposed action is located in Cedar Beach Point/Bay a New York State Significant Fish and Wildlife Habitat Area. The Coastal Fish and Wildlife Assessment Form language ~ilows: COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Cedar Beach Point Designated: March 15, 1987 Date Revised: May 15, 2002 County: Suffolk Town(s): Southold 7¼' Quadrangle(s): Southold, NY CEDAR BEACH POINT LOCATION AND DESCRIPTION OF HABITAT: Cedar Beach Point is located at the tip of Great Hog Neck, north of Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat is approximately 85 acres in size, consisting of sparsely vegetated sand beach and dredged material deposits, a small protected bay (Cedar Beach Creek), mud flats, and salt marsh. The New York Natural Heritage Program has documented seabeach knotweed, a rare plant species, in this area. The area is owned by Suffolk County and houses the Cornell Cooperative Extension Marine Program. The habitat is generally bordered by Iow to medium density residential development. The mouth of the creek is subject to periodic maintenance dredging. FISH AND WILDLIFE VALUES: Cedar Beach Point is a small coastal wetland area, similar in nature to many other points around the Peconic Bays shoreline, but important as a habitat for various fish and wildlife species. This area has served for many years as a nesting site for least terns (T). In 1982 and 1983, approximately 80-90 pairs of least terns nested in the area, making this colony one of the largest on the north fork of Long Island, of county-level significance. However, human disturbance of the area, including pedestrian traffic and recreational vehicle use, has been a serious problem for many years, and least tern populations have declined to around 5-6 pairs annually by the late 1980s. During the 1987-1996 period, however, the annual average number of pairs of least tern nesting at this site was 15; nesting populations appear to be on the rise in the late 1990s, with a peak number of 63 pairs observed in 1996. Common tern (T) nested at Cedar Beach Point in the mid-1990s, ranging from 1-14 pairs. More information about the importance of this site for common tern nesting is needed. Piping plover (E, T-Fed) nest regularly at Cedar Beach, with an annual average of 1 pair observed during the 1987-1996 period. The peak number, 2 pairs, was observed in 1995. The appearance of this species has become more regular throughout the 1990s. Osprey (SC) have nested in the area for many years, using man-made nesting platforms located in the habitat. The tidal wetlands at Cedar Beach Point serve as feeding areas for both least tern and osprey, as well as for many other wildlife species. Black skimmer (SC) have appeared at Cedar Beach Point in high concentrations (several hundred). Low marsh areas of these wetlands support healthy populations of fiddler crabs. Diamondback terrapin are also present here; more information is needed to determine importance of this population. Cedar Beach Point may provide important breeding habitat for horseshoe crab, but additional documentation is required. In addition to its ecological values, Cedar Beach Point is an important area for marine sciences education and research. The Cornell Cooperative Extension Marine Program is located at Cedar Beach, and the area is heavily used by faculty and students as a "living laboratory". IMPACT ASSESSMENT: It is essential that any potential impacts on Cedar Beach Point be evaluated with respect to the established science program here, and the need to maintain natural or controlled experimental conditions. Any activity that would substantially degrade the water quality in Cedar Beach Creek 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 (includin.q food chain effects resultin.q from bioaccumulation), oil spills, excessive turbidity, stormwater runoff, and waste disposal. It is essential that high water quality be maintained in the area, primarily by controlling discharges of sewage and other pollutants from upland sources. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, and tidal creeks can 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. Alteration of tidal patterns at Cedar Beach Point would have major impacts on the fish and wildlife communities present. Elimination of salt marsh and intertidal areas, throu.qh loss of tidal connection, excavation, ditchin.q or flllin.q, would result in a direct loss of valuable habitat area. Construction and maintenance of shoreline structures, such as docks, piers, bulkheads, or revetments~ in any part of this area~ may have a significant impact on the fish and wildlife resources of Cedar Beach Point. 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 wetland values. Maintenance dredging in the Cedar Beach Point area should be scheduled between September 15 and December 15. Dredged material disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat for certain species of wildlife, especially nesting birds. There is some indication, however, that as a result of the potential for overwash onto salt marshes, this site does not exhibit optimal conditions for dredged material placement. Nesting shorebirds inhabiting Cedar Beach Point are highly vulnerable to disturbance by humans, especially during the nesting and fledging 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 watemraff landing, off-road 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 these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. 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. 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 charactehstics. 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 offish 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: 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) The proposed action will result in a habitat destruction and significant impairment with the physical loss of significant fish and wildlife habitat. If the dock is constructed the loss of high and intertidal marsh habitats will occur. In addition, if wood treated with chemicals or preservatives are used in the construction of the dock piles, bioaccumulation in marine organisms could occur, degrading the health of such organism. 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 destruction of habitat can be avoided through other public laud access alternatives (vessel moorings). The action, as proposed~ will result in the continued fragmentation of a New York State Significant Fish and Wildlife Habitat Area. Approval of the action will result in the continued physical loss of the ecological sensitive area. 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, choosing alternative actions or methods that would lessen potential impact. The p. roposed action and associated impacts could be mitigated by seasonally mooring a vessel in public waters. This alternative would lessen the potential impacts to the high and intertidal marsh areas. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent 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 that a dock is not permitted over a vegetated wetland located within a "significant habitat area" or Significant Fish and Wildlife Habitat Area pursuant to 275-11. "Construction and operation standards~ [3] Prohibited locations and activities. Iai 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 ~ such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay. Hashamomuck Creek and Pond and West Creek. In addition the applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect hews, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Kieran Corcoran, Assistant Town Attorney John Sepenoski, Chair, LWRP Coordinating Council Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete d'Js CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review La~ 'Jills assessment is intended to supplement other information used by a Town of Sonthold agency m mak/ng a determination of consistency. *Except minor exempt actions including Building Period,s and other ministerial permits not located within the Coastal Erosion Hazard.4rea. Before answenng the questions in Section C, the preparer of this form shoukt review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization pro.gram. A pro~bsed~action will be evaluated as to its signiGc~t beneficial and adverse effects upon the coastal area (which includes ali ofSouthold To~x nt IF any question in Section C on this form is ans,~ered "yes", then the proposed acUon may afl'oct the achievement of the LWRP policy standards and conditions contained in the consistency rexiexx 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 pnlicx standards and conditions. If an action cannot be certified as consistent with the I.WR? polio( standards and conditions, i_t shall not be undertaken. bq 3 ib I ' A copy of the LWRP is available in the following places: online atxthe T)~vn 6fSouthold's (southoldtown.nSrthforknet!,'theBoard of Trustees Office the~i,~g"t)epa;m~er ; oc;l libraries and the Town Clerks office. ~ L~^~o DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): To,,n Board ~] Planning Dept. [~ Building Dept. [~ Boa~fTrustees~ Category of Town of Southold agency action (check appropriate (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land (b) Financial assistance (e.g. gran( loan, subsidy) (c) Permit, approval, license, certification: DEC 2006 and extent of action: Site acreage: Present land use: Present z°ning classificati°n: If ~ apphcation for Se propos~ action h~ been fil~ wis Se Town of Southold agency, the following info~ation sh~l be prohded: (c) Telephone nmber: ~ea Code ( ) (d) Application number, if any:. Will the action be directly Undertaken, require funding, or approval by a state or federal agency? Yes fX~ No [--] If yes, which state or federal agency?_~l-~l A(~)~' 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 ben'eficial use of a coastal location, and minimizesadverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~J~Yes [] No [~ Not Applicable 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 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 6 through 7 for evaluation criteria Yes [] No ~ Not Applicable 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill -Policies Pages 16 through 21 for evaluation criteria ~-~ Yes [--] No ~'Not Applicable 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/II - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable Atlach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. [~ Y;s ~--] No~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and h.azardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [-~ Yes [~ No~. Not Applicable 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 III - Policies; Pages 38 through 46 for evaluation criteria. ~) Yes [~ No ~-~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III 7 Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [--] No [-~ Not Applicable ',, .. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ,the Peconic Estuar~ and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62 for evaluation criteria. Yes I~-~ No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] 1No~ Not Applicable 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 t~' Not Applicable Created on 5/25/05 11.'20 AM Date: To: Proposal: December 13, 2006 Southold Town Trustees and Nark Terry Construct a 4'x16' ramp up to a 4'x20' catwalk to a 4'x42' catwalk onto a 4'x20' fixed dock with a seasonal 32"x20' aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile pilings. DEVELOPED COAST POLTC/E$ Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial uso of a coastal location, and minimizes adverse effects of development. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficia; use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish its self within a season's time. The size of our dock structure is appropriate for this area. We are proposing a small 4' wide structure to access deep water then place a 6'x20' seasonal float to service a small boat. NATURAL COAST POI/C[ES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southoid from solid waster and hazardous substances and wastes. PUBL/C COAST POI./C~rES Policy 9 Provide for public access to, and recreational uso of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. Page 2 of 2 LWRP for Fitzpatrick WORKING COAST POLZCZES POliO/10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southoid. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 4' wide minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. v'/¢/~//7' 7' A,4~;c:) (~mO SEA LEVEL MAPPING 631-722-3390 P.O. Box # 538 Riverhead, NY 11901 ' j Hydrographic Map ~ :~: Prepared for: Tom F~zpatrick ~ J Surveyed: October 31, 2006 ~. SCT# 1000-89-3-11.3 "~o.~ Town: Southold ,,,~. ~ ~ _ Suffolk County. NY ,'h"'_','~ ~ ..................................... Datum: Low Water ~' ......--~-'-"T~'~. ............ Tide: 2.5' +/- ,-,0;~,~ ....-"" ~. ~ , ~ , '"--. ~ :: ~ -~ ,. ,0~"~., ~' ,.,-"; ~ %~ ~ ",,., ........ "" I 1,=40, I ~.'"' u ! ~ \ ',, ~ , '.'/. '., ,, 2\ , \ '~-' ',, ..," '",,, ~ '~ ROBERT H. FO) NYS PI.S~ 50197