HomeMy WebLinkAboutTR-7130A 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
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Permit No.: 7130A
Date of Receipt of Application: June 29, 2009
Applicant: Town of Southold/Bittner Preserve
SCTM#: 68-1-17.2 & 17.3
Project Location: 4305 Soundview Avenue, Southold
Date of Resolution/Issuance: July 22, 2009
Date of Expiration: July 22, 2011
Reviewed by: Board of Trustees
Project Description: To remove and dispose of the existing single-family
dwelling, sanitary system, oil tank, frame garage, in-ground swimming pool,
retaining wall and pool house. Remove and dispose of the existing bulkhead and
any contaminated fill, and backfill the area to mimic the adjacent dune contours,
with clean sand from the dredging of Goldsmith Inlet. Replace the new dune
area with beachgrass, beach plums and other natural vegetation.
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 on the
site plan prepared by Southold Town Engineering Department last dated January
12, 2009, and received on June 29, 2009.
Special Conditions: None.
Inspections: Final inspection.
If the proposed activities do not meet the requirements for issuance of an
Administrative Permit set forth in Chapter 275 of the South01d Town Code, a
Wetland Permit will be required.
This is not a determination from any other agency.
James F. King, President
Board of Trustees
JFK:eac
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Gho$±o, 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
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PERMIT.
INSPECTION SCHEDULE
Pre-construction, hay bale line
1st day of construction
,constructed '
Project complete, compliance inspection.
James F. King. President
Jill M. Doherty. Vice-President
Peggy A. Dickinson
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:
James McMahon on behalf of the TOWN OF SOUTHOLD/BITTNER PRESERVE
requests an Administrative Permit to remove and dispose of the existing single-
family dwelling, sanitary system, oil tank, frame garage, in-ground swimming pool,
retaining wall and pool house. Remove and dispose of the existing bulkhead and
any contaminated fill, and backfill the area to mimic the adjacent dune contours,
with clean sand from the dredging of Goldsmith Inlet. Replace the new dune area
with beachgrass, beach plums and other native vegetation. Located: 4305
Soundview Ave., Southold. SCTM#68-1-17.2&17.3
.~S~ of area to be impacted: S¢,,~ound
Itwater Wetland Freshwater Wetland
Bay
Distance of proposed work to edge of wetland
Part o,,9~own Cede proposed work falls under:
L.~,,6hapt.275 Chapt. 111 other
Type of Application: ~Wetland __Coastal Erosion __Amendment
~Administrative__Emergency Pre-Submission __Violation
Info needed:
Modifications:
Conditions:
Present Were: _~ing ~.Doherty __P.Dickerson __
D. Dzenkowski other
Form filled out in the field by
¢ D~. Bergen~B.Ghosio,
Mailed/Faxed to:
Date:
RESOLUTION 2008-693
ADOPTED
DOC ID: 4079
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-693 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 15, 2008:
WHEREAS, the Town Board of the Town of Southold (the "Board") caused to be prepared its
Local Waterfront Revitalization Program in 2004, which noted the subject site as a "significant
opportunity to provide additional or enhanced public access and recreational opportunity... ",
and
WHEREAS, the subject site is within the Long Island North Shore Heritage Area, an area
designated to "...preserve, protect and showcase the extensive cultural, natural and recreational
resources that make our area unique", and
WHEREAS, the Board intends to implement the recommendations of these two plans, to
advance the goals of the Town, and
WHEREAS, the Board obtained ownership of the subject parcel for the express purpose of
implementing the above recommendations, and
WHEREAS, the Board, with the assistance of the Town Department of Public Works, has
designed a plan to develop the subject site as a passive public open space, after the existing
structures and bulkhead are removed to reestablish a natural pattern of beach deposition both on-
site and down drift of the site, and
WHEREAS, the Board caused to be prepared Environmental Assessment Forms (EAF) Parts 1
and 2, which describe this proposed development plan and analyze its potential environmental
impacts, and
WHEREAS, after review of the EAF Part 1 and 2, the Board finds that it does not appear that
Resolution 2008-693 tg of July 15, 2008
the proposed action would cause significant adverse impacts since it advances the goals of the
Town, does not involve adverse impacts to natural resources, and will restore the property to
more natural conditions, and
WHEREAS, the Board finds it prudent to take a further "hard look" at the proposed action and
thereby is preparing an Expanded EAF, which includes a more detailed description of the
proposed action and additional analyses of its potential impacts (both adverse and beneficial),
and
WHEREAS, the Board has the authority to effect the proposed Bittner Preserve Open Space
Development Project, subject to required permits at the Town and levels of government, and
WHEREAS, since the Board holds this authority, the Town Board declares its intent to assume
lead agency status under the New' York State Environmental Quality Review Act (SEQRA) after
a 30-day coordinated review period initiated on the date of adoption of this resolution, and
NOW THEREFORE BE IT RESOLVED, that the Board of the Town of Southold finds that
the Bittner Preserve Town Open Space Development Proiect is an Unlisted action pursuant
to Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617, and
BE IT FURTHER RESOLVED, that the Board hereby requests input from involved
agencies with respect to SEQRA classification, lead agency status and potential impacts of
the pro[ech and
BE IT FURTHER RESOLVED, that, the Board intends to assume lead agency status in
review of the action and for the purpose of compliance with 6 NYCRR~ Part 617~ upon
completion of the 30-day coordination period, and
BE IT FURTHER RESOLVED, that the Board will issue a Determination of Significance
upon completion of the coordination period and its designation as lead agency, and
BE IT FURTHER RESOLVED, that the Board authorizes the Town Clerk of the Town of
Updated: 7/14/2008 10:09 AM by Lynda Rudder Page 2
Resolution 2008-693 g of July 15, 2008
Southold to file this resolution and the EAF Parts 1 and 2 with the following entities in
order to commence coordinated review prior to declaring lead agency status and issuing a
Determination of Significance:
l'own of Southold, Supervisor's Office
Town of Southold, Town Clerk
Town of Southold, Planning Board
Town of Southold, Town Trustees
Suffolk County Dept. of Public Works
Suffolk County Department of Parks, Recreation & Conservation
NYS Dept. of Environmental Conservation, Commissioner, Albany
NYS Dept. of Environmental Conservation, Regional Office, Stony Brook
NYS Dept. of State
US Army Corps of Engineers
Parties of Interest Officially on Record with the Town Clerk (if applicable)
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Updated: 7/14/2008 10:09 AM by Lynda Rudder Page 3
NEW YORK STATE DEPARTMENT OF STATE
COASTAL MANAGEMENT PROGRAM
Federal Consistency Assessment Form
An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which
is subject to the New York State Coastal Management Program (CMP), shall complete this assessment form for any
proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist
an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S.
Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal
application is prepared. The Department of State will use the completed forn~ and accompanying information in its
review of the applicant's certification of consistency.
A. APPLICANT (please print)
1. Name: Town of Southold
2. Address: PO Box 1179, Southoldo NY 11971
3. Telephone: AreaCode(631) 765-1283
B. PROPOSED ACTIVITY
1. Brief description of activity:
Remove & disposal of a 3,750 sf house,
in-ground pool & pool
house, 310' of timber bulkhead. Replant the disturbed areas
with native vegetation.
2. Purposeofactivity:
Removal of the bulkhead will restore the natural flow of sand
to the beaches east of the property. The property has been
purchased as a passive recreation area.
3. Location of activity:
Suffolk Town of Southold 4305 Soundview Ave
County City, Town, orVillage Street or Site Description
4. Type of federal permit/license required: Army Corps Permit
5. Federal application number, if known:
6. If a state permit/license was issued or is required for the proposed activity, identify the state agency and
provide the application or permit number, if known:
NYSDEC
C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of these questions. The numbers following
each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected
by the proposed activity.
1. Will the proposed activity result in any of the following:
YES NO
a. Large physical change to a site within the coastal area which will require the preparation
of an environmental impact statement? (1 I, 22, 25, 32, 37, 38, 41,43) ................
b. Physical alteration of more than two acres of land along the shoreline, land
under water or coastal waters? (2, 11, 12, 20, 28, 35, 44) ..........................
c. Revitalization/redevelopmentofadeterioratedorunderutilizedwaterfrontsite? (1) ......
d. Reduction of existing or potential public access to or along coastal waters? (19, 20) ......
e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10) .
fi Siting of a facility essential to the exploration, development and production of energy
resources in coastal waters or on the Outer Continental ShelP. (29) ...................
g. Siting of a facility essential to the generation or transmission of energy? (27) ...........
h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in
coastal waters? (15, 35) ....................................................
i. Discharge of toxics, hazardous substances or other pollutants into coastal waters? (8, 15,
j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) ............
k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39)
1. Adverse effect upon land or water uses within the State's small harbors? (4) ............
2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: YES NO
a. State designated freshwater or tidal wetland? (44) ................................ __~ __
b. Federally designated flood and/or state designated erosion hazard area? (11, 12, 17,) .....
c. State designated significant fish and/or wildlife habitat? (7) ........................ __
d. State designated significant scenic resource or area? (24) .......................... __
e. State designated important agricultural lands? (26) ............................... __
f. Beach, dune or barrier island? (12) ........................................... 3~ __
g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ............... __
h. State, county, or local park? (19, 20) .......................................... ~_ __
i. Historic resource listed on the National or State Register of Historic Places? (23) ........ __
3. Will the proposed activity require any of the following:
YES NO
a. Waterfront site? (2, 21, 22) ................................................. 3~/_
b. Provision of new public services or infrastructure in undeveloped or sparsely populated
sections of the coastal area? (5) .............................................. __ ~
c. Construction or reconstruction ora flood or erosion control structure? (13, 14, 16) ....... __ ~/
d. State water quality permit or certification? (30, 38, 40) ............................ __ ~
e. State air quality permit or certification? (41, 43) ................................. __ ~
4. Will the proposed activity occur within and/or affect an area covered by a State approved local
waterfront revitalization program? (see policies in local program document) .............. ~ __
D. ADDITIONAL STEPS
If all of the questions in Section C are answered 'NO", then the applicant or agency shall complete Section
and submit the docmnentation required by Section F.
if any of the questions in Section C are answered "YES", then the applicant or agent is advised to consult the
CMP, or where appropriate, the local waterfront revitalization program document*. The proposed activity
must be analyzed in more detail with respect to the applicable state or local coastal policies. On a separate
page(s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected
by the activity, (b) briefly assess the effects of the activity upon the policy; and, (c) state how the activity is
consistent with each policy. Following the completion of this written assessment, the applicant or agency
shall complete Section E and submit the documentation required by Section F.
E. CERTIFICATION
The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved
local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity
shall not be undertaken. If this certification can be made, complete this Section.
"The proposed activity complies with New York State's approved Coastal Management Program, or with the
applicable approved local waterfront revitalization program, and will be conducted in a nmnner consistent with
such program."
Applicant/AgenfsNan~e: Town of Southold, James McMahon, Agent
Address: Southold Town Hall, PO Box 1179, Southold, NY 11971
SUBMISSION REQUIREMENTS
1.
Date: 7/17/2008
The applicant or agent shall submit the following documents to the New York State Department of State,
Division of Coastal Resources, 41 State Street - 8th Floor, Albany, New York 12231.
a. Copy of original signed form.
b. Copy of the completed federal agency application.
c. Other available information which would support the certification of consistency.
The applicant or agent shall also submit a copy of this completed form along with his/her application to the
federal agency.
If there are any questions regarding the submission of this form, contact the Department of State at
(518) 474-6000.
*These state and local documents are available for inspection at the offices of many federal agencies, Department of environmental
Conservation and Department of State regional offices, and the appropriate regional and county planning agencies. Local program
documents are also available for inspection at the offices of the appropriate local govemmeat.
C:\OFFICE\WPWIN\WP DOCS\fcaf2 (revised 10/15/99)
TOWN BOARD OF THE TOWN OF SOUTHOLD
SEQRA RESOLUTION
July 9, 2008
TOWN OF SOUTHOLD B1TTNER PRESERVE OPEN SPACE DEVELOPMENT
PROJECT
ACTION CLASSIFICATION, INTENT TO ASSUME LEAD AGENCY STATUS &
REQUEST FOR INPUT ON SEQRA DETERMINATION
WHEREAS, the Town Board of the Town of Southold (the "Board") caused to be prepared its
Local Waterfront Revitalization Program in 2004, which noted the subject site as a
"significant opportunity to provide additional or enhanced public access and
recreational opportunity... ", and
WHEREAS, the subject site is within the Long Island North Shore Heritage Area, an area
designated to "...preserve, protect and showcase the extensive cultural, natural and
recreational resources that make our area unique", and
WHEREAS, the Board intends to implement the recommendations of these two plans, to
advance the goals of the Town, and
WHEREAS, the Board obtained ownership of the subject parcel for the express purpose of
implementing the above recommendations, and
WHEREAS, the Board, with the assistance of the Town Department of Public Works, has
designed a plan to develop the subject site as a passive public open space, after the
existing structures aud bulkhead are removed to reestablish a natural pattern of beach
deposition both on-site and down drift of the site, and
WHEREAS, the Board caused to be prepared Environmental Assessment Forms (EAF) Parts 1
and 2, which describe this proposed development plan and analyze its potential
environmental impacts, and
WHEREAS, after review of the EAF Part 1 and 2, the Board finds that it does not appear that
the proposed action would cause significant adverse impacts since it advances the goals
of the Town, does not involve adverse impacts to natural resources, and will restore the
property to more natural conditions, and
WHEREAS, the Board finds it prudent to take a further "hard look" at the proposed action and
thereby is preparing an Expanded EAF, which includes a more detailed description of the
proposed action and additional analyses of its potential impacts (both adverse and
beneficial), and
Page 1
Town,
Bittner Preserve Open Space
SEQRA Resolution
pment Project
WHEREAS, tbe Board has the authority to effect tbe proposed Bittner Preserve Open Space
Development Project, subject to required permits at the Town and levels of govermnent,
and
WHEREAS, since the Board holds this authority, the Town Board declares its intent to assume
lead agency status under the New York State Environmental Quality Review Act
(SEQRA) after a 30-day coordinated review period initiated on the date of adoption of
this resolution, and
NOW THEREFORE BE IT RESOLVED, that the Board of the Town of Southold finds that
the Bittner Preserve Town Open Space Development Project is an Unlisted action
pursuant to Title 6 of the New York State Code of Rules and Regulations (6 NYCRR)
Part 617, and
BE IT FURTHER RESOLVED, that the Board hereby requests input from involved agencies
with respect to SEQRA classification, lead agency status and potential impacts of the
project, and
BE IT FURTHER RESOLVED, that, the Board intends to assume lead agency status in review
of the action and for the purpose of compliance with 6 NYCRR, Part 617, upon
completion of the 30-day coordination period, and
BE IT FURTHER RESOLVED, that the Board will issue a Determination of Significance
upon completion of the coordination period and its designation as lead agency, and
BE IT FURTHER RESOLVED, that the Board authorizes the Town Clerk of the Town of
Southold to file this resolution and the EAF Parts 1 and 2 with the following entities in
order to commence coordinated review prior to declaring lead agency status and issuing a
Determination of Significance:
Town of Southold, Supervisor's Office
Town of Southold, Town Clerk
Town of Southold, Planning Board
Town of Southold, Town Trustees
Suftblk County Dept. of Public Works
Suffolk County Department of Parks, Recreation & Conservation
NYS Dept. of Environmental Conservation, Commissioner, Albany
NYS Dept. of Environmental Conservation, Regional Office, Stony Brook
NYS Dept. of State
US Army Corps of Engineers
Parties of Interest Officially on Record with the Town Clerk (if applicable)
Page 2
NEW YOTATE DEPARTMENT OF ENVIRONMENTAL,
DEC PERMIT NUMBER
1-4738-02788/00011
FACILITY/PROGRAM NUMBER(S)
PERMIT
Under the Environmental
Conservation Law
~ERVATION
EFFECTIVE DATE
3/11/2009
EXPIRATION DATE(S)
3/1 O/2O 14
TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate
· Article 15, Title 5: Protection of Waters
[] Article 17, Titles 7, 8: SPDES
[] Article 15, Title 15: Water Supply
[] Article 19: Air Pollution Control
[] Article 15, Title 15: Water Transport
[] Article 15, Title 15: Long Island Wells
[] Article 15, Title 27: Wild, Scenic ';nd
Recreational Rivers
[] Article 23, Title 27: Mined Land
Reclamation
[] Article 24: Freshwater Wetlands
· Article 25: Tidal Wetlands
· 6NYCRR 608: Water Quality Certifica-
tion
[] Article 27, Tithe 7; 6NYCRR 360:
Solid Waste Management
PERMIT ISSUED TO
Town of Southold
[] Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
[] Article 34: Coastal Erosion
Management
[3 Article 36: Floodplain Management
[] Articles 1, 3, 17, 19, 27, 37; 6NYCRR
380: Radiation Control
TELEPHONE NUMBER
631-765-1283
ADDRES'S OF PERMn-i'EE
PO Box 1179, Southold, NY 11778
CONTACT PERSON FOR PERMI"CI'ED WORK I TELEPHONE NUMBER
James McMahon, PO Box 1179, Southold, NY 11778 I 631-765-1283
NAME AND ADDRESS OF PROJECT/FACILITY
Bittner Preserve Town Property, 4305 Soundview Ave, Southold, NY 11971
SCTM# 1000-68-1-17.2 & 17.3
COUNTY I TOWN I WATERCOURSE
Suffolk Southold Long Island Sound
DESCRIPTION OF AUTHORIZED ACTIVITY:
INYTM COORDINATES
E: 712.8 N: 4548.6
Remove existing single family dwelling, sanitary system, in-ground pool, pool house, brick patio, under-
ground storage tanks, bulkhead and appurtenant structures. Regrade and restore preexisting dune
line/face and revegetate with bayberry, beach plum and American beach grass. All work shall be done in
accordance with the attached plans prepared by Southold Town Engineering Department, prepared on
1/12/2009 and stamped NYSDEC approved on 3/11/2009.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this
)ermit.
DEPUTY PERMIT ADMINISTRATOR:
Susan V. Ackerman (GRZ/
AUTH4~D S~,
ADDRESS
Region 1 Headquarters
SUNY (~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
I DATE I Page 1 of 4
3/11/2009
:' DEPARTMENT OF ENVIRONMENTAL CON..~TION
SPECIAL CONDITIONS
1. No Construction Debris in Wetland or adjacent Area. Any debris or excess material from construction of
this Project shall be completely removed from the adjacent area (upland) and removed to an approved upland area
for disposal. No debris is permitted in tidal wetlands or protected buffer areas.
2. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined to
the upland area landward of the bulkhead or on a barge.
3. Clean Fill Only All fill shall consist of clean sand, gravel or soil (not asphalt, slag, flyash, broken concrete or
demolition debris).
4. Grade to Match That Adjacent Bulkhead Any fill remaining after demolition and bulkhead removal must
be graded to match the adjacent beach and.dune, as shown on approved plans.
5. Backf'flling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or other
approved shoreline stabilization structures shall be completed prior to placement of any fill material behind such
structures.
6. Notice of Commencement 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.
I
DEC PERMIT NUMBER ~
I
1-4738-,02788/00011
Page 2 of 4
IFICATION OF OTHER PERMITI'EE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnity and hold harmless the Department of
Environmental Conservation of the State of New York, its representatives, 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 authorized 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 adsing under Article 78 of the New York Civil
Practice Laws and Rules or any citizen suit or civit dghts provision under federal or state laws.
Item B: Permlttee'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: Permtttee 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 ara authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the ripadan rightsof others in order
to perform the permitted work nor does it authorize the impairment of any dghts, 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 permittee 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
Unles~ 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 written 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 writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Dischan:je Elimination System (SPDES), Hazardous Waste
Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF);
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or'modification ara to be submitted to: Regional Permit Administrator, SUNY @ Stony
Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modity, 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 material 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 PERMIT NUMBER
1-4738-02788/0001
Page 3 of 4
: "~"ORK STATE DEPARTMENT OF ENVIRONMENTAL CC:~TION
ADDITIONAL GENERAL C;~)ITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608
(TIDAL 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
Department 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
th'e 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.
2. 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 corn pensation shall accrue from any such
damage.
3. AIl necessary precautions shall be taken to preclude contamination of anywetland or waterway bysuspended solids,
sediments, fuels, solvents, tubricants, epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project.
4. 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.
5. There shall be no unreasonable inter[erence 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 u ncom pleted structure or fill and restore
the site to its former condition. No claim shatl 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 all of the conditions listed herein are met.
8. At least 48 hours prior to commencement of the project, the permittee and contrector 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.
9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
Such approved plans were prepared by Southold Town Engineering Department, prepared on 1/12/2009 and
stamped NYSDEC approved on 3/11/2009.
I
DEC PERMIT NUMBER I Page 4 of 4
1-4738-02788/00011
I
REPLYTO
ATFENTION OF:
Regulatory Branch
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT, CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NL~N YORK, N.Y. 10278~)090
FEB 3 2OO9
SUBJECT: Permit Application Number NAN-2008-01048-ETA
by Town of Southold (4305 Soundview Avenue)
James McMahon, Director
Department of Public Works
Town of Southold
PO Box 1179
Southold, NY 11971
Dear Mr. McMahon:
On August 1, 2008, the New York District, U.S. Army Corps of
Engineers, received a request for Department of the Army
authorization to remove a home, garage, swimming pool, retaining
wall, pool house, timber bulkhead, contaminated fill; backfill the
area with clean sand; and re-plant the new dune area with beach
grass, beach plums and other native vegetation. The project is in
the Town of Southold, Suffolk County, New York.
Our review indicates that since the proposed work does not
appear to include dredging or construction activities in or over
any navigable waters of the United Statss,>the~pl~acement of any
dredged or fill material in any waters of the United States
(including coastal or inland wetlands) or the accomplishment of any
work affecting the course, location, condition or capacity of such
areas, a Department of the Army permit, in accordance with 33 CFR
320-330, will not be required provided the proposed work is
executed in accordance with the referenced material.
Care should be taken so that any fill or construction
materials, including debris, do not enter the waterway to become a
drift or pollution hazard. You are to contact appropriate state
and local government officials to ensure that the subject work is
performed in compliance with their requirements.
If any questions should arise concerning this matter, please
contact Frank Tangorra, of my staff, at 917-790-8521.
Sincere.ly,
Chi~%f %E~stern Permits Section
N. 4~° 34' 30" W. _'--
s. 43.o 54' $0" E. .
ALL NEW PLANTING AND LANDSCAPING
-- POOL &: BRICK PATIO
SINGLE FAMILY RESIDENCE
MASONRY & WOOD FRAME
APPROXIMATE LINE OF NEW DUNE SYSTEM.
RECONSTRUCTION OF DUNE AND PLANTING WITH
NEW NATIVE SPEC]ES SHALL BE LANDWARD OF THE
EDGE OF THE VEGETATED DUNE. PLANTING WILL BE
DONE PRIMARILY IN THE POOL & BRICK PATIO AREA
ONCE THESE STRUCTURES ARE REMOVED.
o
N. 45 13' 30" W.
SITE PLAN DETAIL
EXISTING CONDITIONS
SCALE: 1" = 50'
Drawing:
A-2
JAMES C. McMAHON
Director
Telephone (631) 765-1283
Fax (631) 765-9015
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TOWN OF SOUTHOLD
DEPARTMENT OF PUBLIC WORKS
TO:
FROM:
SUBJECT:
DATE:
Southold Town Trustees
Jim McMahon, Director, DPW
Bittner Preserve
June 26, 2009
Please find the enclosed application for the removal of the house, bulkhead and pool/pool
house at the Bittner Preserve.
The Town has received the NYSDEC and the Army Corps of Engineers permits for this
project (enclosed).
This project is funded by a $195,000 grant from New York State Department of State.
If you have any questions on the enclosed, please give me a call.
Office Use Only
Coastal Erosion Permit Applicafio~
Wetland Permit Application ~' Administrative Permit
Amendment/Transfer/Extension
· ..~eceived Application:
Received Fee:$ ix
~-Eompleted Application Incomplete
SEQRA Class~ficanon
Type I Type 11 Unhsted Coordmauon 1oate sero.
LWRP Consistenc~, Assessment Form
CAC Referral Sent:
~'Date of Inspection:
Receipt of CAC Report:
Lead Agency Determination:
Technical Review: .
--'~lic Hearing Held: ~
Resolunon:
Name ofApp ~cant Town of Southold
Address .53095 Main Road (PO Box 1179)3Southold,
Phone Number: [ ) 765-1283
Suffolk CountyTax Map Number: 1000- 68-1-17.2 and 68-1-17.3
Propert) Location: 4305 Soundview Avenue, Southold, NY
NY 11971
(.provide LILCO Pole #. distance to cross streets, and location)
AGENT: Jim McMahon, Director, DPW, Town of Southold
(If applicable)
Address:
Phone 765-1283
Board of Trustees Application
Land Area (in square feet):
Area Zoning R-80
GENERAL DATA
1,513,.512 ~4.4 acres)
Previous use of property: Residential.
Intended use of property: Parkland
Covenants and Restrictions: Yes X No
If"Yes". please provide copy.
Prior permits/approvals lbr site ~mprovements
Agency Date
The bulkhead on this property has been replaced several
times and has Southold Town Trustee and NYSDEC Permits
No prior permits/approvals for s~te ~mprovements
Has any permiffapproval ever been revoked or suspended by a governmental agency?
X No Yes
If yes, provide explanation:
Project Description (use attachments if necessary): At-t-a c~hod
PROJECT DESCRIPTION
The Town of the Southold, with the County of Suffolk, is acquiring fee title
to a 58-acre parcel, with 1,400 feet frontage, on Long Island Sound, for open
space and recreational purposes.
The purpose of this project is to implement and advance the intent and
policies of the Town of Southold's Local Waterfront Revitalization
Program, through the acquisition and improvements of this biological, scenic
and recreational resource.
The project will include the following tasks and objectives:
· Removal and disposal of a +/- 3,750 s.f. one story brick and frame
single family home, with basement, septic system and underground oil
tank
· Removal and disposal of a +/- 700 s.f. brick and frame garage
· Removal and disposal of an in-ground swimming pool, retaining wall
and pool house
· Removal and disposal of a +/- 310 linear feet of timber bulkhead.
· Removal of any contaminated fill and backfill the area to mimic the
adjacent dune contours, with clean sand from the dredging of
Goldsmith Inlet
· Re-plant the new dune area, with beach grass, beach plums and other
native vegetation.
Board of Trustees Application
COASTAL EROSION APPLICATION DATA
Purposes ofprop0sedactivity: Removal of bulkhead that will restore the
natural flow of sand to the beaches east of the property.and remove
unsafe structures.
Are wetlands present w~thin 100 feet of the proposed activity'?
No Yes
Does the project involve excavation or filling? Once removed, the foundation
will be backfilled with material from in back ~f the bulkhead.
If Yes. how much material will be excavated?+1000 (cubic yards)
Hov. much material will be filled? -+ 1000 .(cubic yards)
Manner in which material will be removed or deposited: Excavator or backhoe
and pool
Describe the nature ana extent of the enwronmental ~mpacts reasonably am~c~pated resultmg
~omimplementationoftheprojectasproposed.(Useattachmentsifnecessary)
The removal of the bulkhead will allow and restore the natural
flow of sand to the beaches east of the project site. The removal
of the house and pool will remove unsafe structures from the site
Board of Trustees Application
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operauons Removal of bulkhead, house and pool
to allow a natural flow of sand to the beaches to the east of the site.
Area of wetlands on lot square feet
Percent coverage of lot: %
Closest distance between nearest exisnng structure and upland
edge of wetlands: feet
Closest distance between nearest proposed structure and upland
edge of wetlands: feel
Does the project revolve excavanon or filling?
No ~ Yes
If yes, how much material will be excavated? /t'S'~ cubic yards
How much material will be filled? .~,tr~r~ 'cubic yards
Depth of which material will be removed or deposited: ~: - t'O feel
Proposed slope throughout the area of operauons:~f~//~
Manner in which material will be removed or deposited:
Excavator or backhoe
Statemenl of the effect, if any, Oil the wetlands and lldal waters of the town lhat may resull by
reason of such proposed operanons [ use attachments i f appropriate ~:
Board of Trustees Application
County of Suffolk
State of New York
James C. McMahon BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMITtfil AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF. AND TItAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES
HARMLESS AND FREE FROM' ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERA4IT(S), IF GRANTED IN COMPLETING THIS
APPLICATION. I HEREBY AUTHORIZE THE TRUSTEES. THEIR AGENT(S) OR
SWORN TO BEFORE ME THIS
DAY OF~,20 O ~
b~o~ary Public I .....
MICHE[LE L MARTOCCHIA
NOTARY PUBLIC- 8TATE OF NEW YORK
NO, 01MA615667'1
I~UALIFIED IN SUFFOLK COUNT~
MY COMMISSION EXPIRES NOV. 27, 20J.~)
Photograph Key
_1
1. Looking
2. Looking
3. Looking
4. Looking
5. Looking
6. Looking
7. Looking
northeast at the Bittner house.
at the house from the bulkhead.
at the back of the house, over the pool area.
east at the pool and pool house.
northeast at the bulkhead.
westerly at the house, bulkhead and pool.
easterly at the house, bulkhead.
Aerial Map of the
Bittner Preserve
Z
Z
APPROVED BY
BOARD OF TRUSTEES
TOWN OF SOUTHOLD
DATE ~u~ z¥ ~'~
SCTM #:
1000-58-01-01
PLAN
SCTM #:
1000-68-01-17.3
SCTM #:
1000-68-01-17,2
430.86'
1773.61' " ~
PLAN - EXISTING CONDITIONS
SCALE: 1" .- 200'
Drawing:
A-1
Sheet# t of 3
0
o o
z
43 3~ '
AtL NEW PLANTING AND LANDSCAPING /~.,d~~
WITH NATURAL VEGETATION SHALL BE .....--~ {)%x~..~''/~'~
LANDWARD OF SPRINO HIGH WATER.'-~3~
POOL & BRICK PATIO
o
N. 45 13' 30"
SINGLE FAMILY RESIDENCE
MASONRY &: WOOD FRAME
APPROXIMATE LINE OF NEW DUNE SYSTEM.
RECONSTRUCTION OF DUNE AND PLANTING WITH
NEW NATIVE SPECIES SHALL BE LANDWARD OF
SPRING HIGH WATER MARK.
"A-1 a"
SITE PLAN DETAIL
EXISTING CONDITIONS
SCALE: 1" -- 50'
oo ~
Drawing~
A-2
CONTRACTOR SHALL REMOVE THE EXISTING RESIDENCE,
POOL HOUSE, POOL, RATIO, FENCING, RETAINING WALLS,
FOUNDATION MATERIALS AND ALL OTHER MAN MADE SITE
IMPROVEMENTS ENCOUNTERED AT THE SITE
NOTE: DEMOLITION OF THE TIMBER BULKHEAD SHALL BE
DONE AFTER ALL OTHER SITE DEMOLITION HAS BEEN
COMPLETED AND APPROVED BY THE TOWN OF SOUTHOLD
EXISTING TIMBER BULKHEAD TO BE REMOVED. THIS
ITEM SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
OF THE FOLLOWING:
BULKHEAD DEAD MAN SYSTEM, METAL TIE RODS
AND REMNANTS OF ALL OLD BULKHEAD SYSTEMS
BURIED BEHING THE EXISTING STRUCTURE, AND
ALL OTHER MAN MADE STRUCTURES OR DEBRIS
ENCLUNTERED DURING DEMOLITION
LONG
ISLAND
SOUND
SINGLE FAMILY RESIDENCE
MASONRY & WOOD FRAME
EXISTING FOUNDATIONS AND ALL CONTAMINATED
MATERIALS ENCOUNTERED DURING EXCAVATION
SHALL BE REMOVED TO THE SATISFACTION OF
THE TOWN OF SOUTHOLD.
BRICK PATIO
POOL HOUSE
MASONRY & WOOD FRAME
NOTE:
ALL NEW PLANTING AND LANDSCAPING SHALL BE LANDWARD
OF SPRING HIGH WATER. NEW VEGETATION SHALL CONSIST
OF BAYBERRY & BEACH PLUMB ACQUIRED FROM THE
NY.S.DEC. , SARATOGA TREE NURSERY AND AMERICAN
BEACH GRASS (AMMOPHILA BREVILIGULATA) ACQUIRED FROM
PEAT & SON LOCATED IN WESTHAMPTON, NEW YORK.
APPROXIMATE LINE/FACE OF NEW DUNE SYSTEM. FACE OF
NEWLY RECONSTRUCTED DUNE SHALL BE LANDWARD OF SPRING
HIGH WATER AND SHALL ALIGN WITH THE EXISTING DUNES AT
EACH SIDE OF THE DEMOLITION WORK TO CREATE A
CONTINUOUS RECONSTRUCTrON OF THE NATURAL DUNE SYSTEM.
EXISTING FENCING
POOL
GRADE
NOTE:
ALL EXISTING MAN MADE STRUCTURES SHALL BE TOTALLY
REMOVED FROM THIS SITE. ALL WORK SHALL BE IN
COMPLIANCE WITH NEW YORK STATE DE.C STANDARDS &
PROJECT REQUIREMENTS THE REMOVAL OF ALL UNDERGROUND
STORAGE TANKS SHALL SHALL MEET THE MINIMUM
REQUIREMENTS OF THE SUFFOLK COUNTY HEALTH DEPT.
NOTE:
UPON COMPLETION OF ALL EXCAVATION & DEMOLITION WORK,
THE CONTRACTOR SHALL FILL ALL EXCAVATIONS WITH CLEAN
SAND & GRAVEL MATERIAL ALL EXCAVATION WORK SHALL BE
LEFT IN A CLEAN, SAFE CONDITION PRIOR TO THE REMOVAL
OF THE TIMBER BULKHEAD.
CROSS
SECTION EXISTING CONI) TIONS
SCALE' N.T.S.
· ,-Gl~, </
Drawing:
A-3
Sheet# 1 of 3