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Home My WebLink AboutZevits, ThomasDAVID A. PATERSON OOVERNOR Mr. Joseph Zevits 97 Baylor Avenue Hillsdale, NJ 07642 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTI~S-V,~,ZQUEZ SECRETARY OF STATE July 29, 2008 F-2008-0086 U.S. Army Corps of Engineers/New York District Permit Application. Joseph Zevits, 1375 West Lane, Little Peconic Bay, Town of Southold, Suffolk County Proposed replacement/repair of Jetty. General Concurrence to Consistency Certification, Modified to be Consistent Re: Dear Mr. Zevits, Please disregard my previous letter, dated July 17, 2008, stating that the Department of State has closed the file and terminated the review of your proposal, as I have been informed that the Army Corps of Engineers has in fact received your application. The Department of State received your modified proposal for the above referenced proposal on July 24, 2008. The modified proposal is depicted on the revised plan dated June 18, 2008 and approved by the NYSDEC on July I I, 2008. The revised plan includes reducing the originally proposed 73'jetty to 42' in length, and the elevation from 3' to 18" on the down-drift side. The Department of State has determined that this proposed activity, which has been modified to be consistent with the New York Coastal Management Program as expressed in the Town of Southold's Local Waterfront Revitalization Program, meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State, and Department's concurrence with an individual consistency certification, are not required. When communicating with us regarding th is matter, please contact us at (518) 474-6000 and refer to our file #F-2008-0086. Sincerely, Supervisor of Consistency Review Division of Coastal Resources JZ/jls Southold Town Trustees COE/New York District - Stacey Jensen NYSDEC/Region 1- Eugene R. Zamojcin WWW,DOS.STATE,NY,US · E-MAIL:INFO~DOS.STATE.NY.US JAN 25 .... $outhhofd Town _ Beard of Trustees FLOOD ZONES FROM FIRM MAP # 6183C0169 G MAY 4, 1998 NOTFS~ 1' am ¢~mltlar wl%h the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SU3SURFACE SEWAGE DISPOSAL SYSTEMS FOR S1'NGLE FAMILY RES1'DENCES and wilt abide by the conditions set forth therein and on the permit to construct, The location of wells and cesspools shown hereon are F¢om Reld observations and or data obtained From other~, Eleva%lons are referenced %o N.G,V,D, i=NONUNENT AREA=lB, 727 S,F. Tn TTF I TNF.~ vACANT SURVEY OF PROPERTY A T BA YVIE[¢ %/1TH pd ~ SUFFOLK COUNTY, LT. Y. 1000-88-06-18.4 SCAT,E: 1"=30' ~r~lr ~.9.B, ¢:~ NOV. 12, 2001 FEB. 6, 2002 (rev/s/on prop. hse.) ~ JULY 19, 2002 (revision prop. hse.) AUG. 7, 2002 (revision) OCT. 7, 2002 {rev/sion) FEB. 24, 2004 {revisions) MAY 26, 2004 (stoke hse.) MA Y 27, 2004 {contour lines) JUNE 17, 2004 (fndtn. loc.) A~ Z6, ZO0~ STY ~. sr~ ~ HSE ~A Y ~,., 4,~ ~ iB3O TRAVELER STREET ~ Southhofd Town Board of Trustees JAN 2 5 Joseph Zevits 97 Baylor Avenue, Hillsdale, New Jersey 07642 Tel# (201) 694-2382 February 7, 2008 Ms. Lauren Standish Board of Trustees, Town of Southold Town Hall, 53095 Route 25, Southold, New York 11971 Re: Application for jetty repair Joseph Zevits Suffolk County Tax Map #1000-88-06-18.4 , FEB 11 2038 Southhold Towfl Board of Trusteet Dear Ms. Standish, Please find enclosed the signed Certified Mail cards from my neighbors, which I had sent out advising of my plans to repair my jetty along with a copy of the plans and the notice of the hearing date of Wednesday, February 27, 2008 on or about 6:00pm. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel 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 Office Use Only ~weastal Erosion Permit Application fland Permit Application Administrative Permit Amendment/Transfer/Extension V/ .~Kece-~'vved Application:~ ~/Received Fee:$ ~%~O~ ' ~fCompleted Application I }O~l ~ Incomplete SEQRA Classification: Type I Type H Unlisted Coordination:(date sent) ~WRP Consistency Assessment Form ~CAC Referral Sent: ] ~d~te oflnspecaon: Receipt of CAC Report: Lead Agency Determination: Technical Review: ~Public Hearing Held: ,~ 3-3 ! Resolution: dAN 2 5 , ' Southhold Town [ Board of Trustees Name of Applicant '~-os~.a '2~ro ,-r~ Phone Number:O,~) $~/- $392. Suffolk County Tax Map Number: 1000 - Property Location: i;~" ~f /.~r ~ dC. //~'/ ~rovide LILCO Pole ¢, ~st~ce to cross s~eets, ~dqocafion) AGENT: (If applicable) Address: Phone: of Trustees Applicati, Land Area (in square feet): Area Zorfing: ~. ~ Previous use of property: Intended use of property: GENERAL DATA Covenants and Restrictions: If "Yes", please provide copy. Yes t,,-~No Prior permits/approvals for site improvements: ~?gency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a govemmental agency? I,~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): .¥t/l~/~r pt,aaam~' ~ / WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: .~s~ Area of wetlands on lot: '"--- .square feet Percent coverage of lot: ----' % Closest distance between nearest existing structure and upland edge of wetlands: ~ ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: -"-- feet Does ~roject involve excavation or filling? No Yes If yes, how much material will be excavated? ~ cubic yards How much material will be filled? ~-' cubic yards Depth of which material will be removed or deposited: ~'- Proposed slope throughout the area of operations: ~ Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed oporations (use attachments if appropriate): of Trustees Applicati¢ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: ~$m~h~J ~%~ c.,,~.~ Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? ~ (cubic yards) How much material will be filled? / (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting fi:om implementation of the project as proposed. CLlse attachments if necessary) PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT I SPONSOR 3.PROJECT LOCATION: Municipality 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide mao Ix r lit,-/( 5. IS PROPOSED ACTION: [] New [] Expansion [~'~iflcation/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT O~ LAND AFFECTED: / Ini0ally /~,~' a~es UlUmataly ~/~ acres 8. VVlLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes [] No E no, descdbe bdefly: 9. W T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) ~Re:h:lential [~lndusirial DCommercial ~]Agriculture r--~Park/Forest/OpenSpace [~Other (describe) lO. DOE~lO. DOE ACTION iNVOLVE A PERM,T APPROVAL. OR FUNDING. NOW OR ULT'MATELY FROM ANY OTHER GOVERNMENTAL AGEN~ (Federal. State or Local) ~]'Yes [--~ No If yes. list agency name and perm t / approva: 11. DOES ANY A~T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes L~o if yes. list agency name and permit I approval: 1,.~AS A RE~ OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant I sponsor Lame ~ / ~ ~ / Date: /1 fl If) actionisaCostalArea, and you are a state age cy, ~/con~lete ~/Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT {To be completed by Lead Agency) A. OOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes, coordinate the review process and use the FULL EAF. [] Yes [] NO WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 if NO, a negative declaration may be superseded by another involved agency. r-]Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantibJ, noise levela, existing traffic pattem, solid waste producl~)n or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. [esthetic. agricultural, archaeological, historic, or other natural or cu#ural resources; or community or neighborhood character? Explain bHe~:t C3. !egetation or fauna, fish. shellfish or wiidiife specie~ s~gn ficant habitais~'~r thr~e~d or e~dan~ered $1~cies? Explain br~i~Y ! ~mmun]ly s ex,sting plans or goals as offi~lly ado~)ted, or a change m use o¢ Inteosily of use of land or other natural resoumes? C4. . ; . . ; ; : Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Expla~r~ bnefiy: I I-- C6. Long term, short term, cumu alive, or other effects m~t identified n CI-C57 Expla n bne y her m acts mcludlngchan esinuseofeitherquantit'/°r['~3e~fener~y~ ~plainbrie ' p (' ' D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? lif ~'es. exptain bdet1~': r--lYes I--l.o E· IS THERE. OR IS THERE LIKELY TO SEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes exl)lain: [-~ Yes [~.0I PART iff - DETERMINATION OF SIGNIFICANCE (To be comptetad by Agency) INSTRUCTIONS: For each adverse effect identified above, dete~Tnine whether it is substantial, large, important or otherwise signi§cant. Each effect should be assessed in connection with its (a) seffing (i.e. urban er rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (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 adva'se impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate ~e potential impact of the proposed action on the envkonmental characteristics of the CEA. Check this box if yo~J have identified ons of more potentially large or signfficant adverse impacts whioh MAY occur· Then preceed directly to the FULl FAF 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 actJor WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~j, the reasons supporting Ihi~ determination. Name of Lead Agency Date Print or Type Name of Responsible Off. er in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: ,' - ' r ~ 030 STATE OF NEW YORK COUNTY OF SUFFOLK , bmng duly sworn, deposes and says that o the ,3 t *r d~y of'ShlOOP, R ~/ ,200 [~, deponent mailed a true copy of the Notice set forth in the Board of Tru]tees Application, directed to each of the above named persons at the addresses set opposite there 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 Po~ Office at ~c~8 'f l_~ t, ~]e~O~v'tt';?O7t~l'that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn t~q before me this N J pATRICK - NOTARY PUBLK KATHLEE '.:~...,"rv NEW JERSEY." _ cOMMISS'u'* Town of flouthold 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" or 'bo", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ e~¢h answer must be explained in detail~ listing, both supporting and non- suooortin~ facts. 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 SCr /tr - eV PROJECT NAME ~a'ltt'/~ ~ / The Application has be~n submittdto (check appropriate response): 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 an~ extent of action: Location of action: Site acreage: - Present land use: Present zoning classification: /~g~l> 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: ~'~ (b) Mailing address: (c) Telephone number: Area Code (~0 (d) Application number, if any: Will the action be dire~dertaken, require funding, or approval by a state or federal agency? Yes [~No~yes, which state or federal ageney? fi}M; 8/1/-5/~Z:i fl-go~. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 m - Policies; Page 2 for evaluation ~] 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 - PoiSes Pages 3 through 6 for evaluation criteria ~ Yes ~ No~2(~ Not Applicable At~ach 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 N No [] Not Applicable Attach additional sheeis if neee. ssary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sectio~n III - Policies Pages 8 through 16 for evaluation criteria ~-~c_~ yes ~ No ~-] Not Applicable At~ach additional sheets if necessary ~,:-~,~- ~ ,;r~.~-~c~ ~a --'mprav-~ w. Wr q.atlty '~nd s~tpply in the Town of Southold. See L~YT~P Section -Policies Pages 16 through 21 for evaluation criteria i 1~ Yes ] I No ~ ~NotAppl~cable . Lz~.' ~r __~ _~h~_ ~,~_..fn~,~ ~,,~. /,~w~- ~,,~ ...................... Attach additional sheets if necessary ~hrou~ for evaluation criteria. No Not App~ble Attach additional sheets if necessary Policy 7. Protect and improve air quali~y in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34for ~ation criteria. [] Yes ~] No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes..See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. i ~ Yes .... No ~ v~ Not Appllcal~l~ PUB! IC COAST POLICIES WORKING COAST POLICIE) Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LNVRP Section IH - 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 Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [-~ No '~ Not Applicable ............... n.1 ~he~ts lfnecessa~, 62 through 65 l~Jr c=.alTp~ion cr~term~ ~oard of Trustees Applicatio~n County of Suffolk State of New York ~.)0 5 V l BEING DULY SWORN DEPOSES AND AFlaIRMS THAT lIE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT 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 ~ :;i .~;~ ~ ~i~ .i', '~ id. i i i- ~,r .q,~iD ;-EF, JviiT(S), IF GRANTED. IN COMPLETING THIS ~:5 - - ~: '~ t~'_~::I7ET~TP, USTEER THE1RAGFNT(S)OR ........... ~ ~.~ ~ ~ J r;. i ER ONTO ~v~' PROPERTY TO INSPECT ~ MICHELLE L MARTOCCHtA NOTARY PUBLIC - ,STATE OF NEW YORK NO. 01 MA615667'1 OUALIFIED IN SUFFOLK COUNT~ MY COMMISSION EXPIRE8 I'IlOV, 27, 20 ~_~.~ of Trust~es Applicati0 A~"fHORI ZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) 8 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts ofinter~ on the oart of ~own officers and emolovces. The vmoose of this form is to orovide information which cnn alert the town of nossiblc conflicts of interost and allow it to lake whnlever ~ctinn i~ necessurv to avoid same. (Last name, fust~ee,.~niddlc initial, unle~ you are applying in the name of someone else or other entity, such as a cowqaany. If so, indicate the other persun's or company's na~e.) NAME OF APPLICATION: (Check all ~u~ apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooting Exemption from plat or official map Planning Other (I f 'Other", name the activity.) Do you personally (or through your company, spouse, sibling~ perenL or child) have a relationship ~dth any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or bualnesz interesL "Business interest~ means a business. including a partnership, in which thc town officer or employee has even a partial ownership of(or employment by) a cmporation in which thc town offieer or employee owns more tha~ 5~ of thc shares. YES NO /~ lfyou answered "YES", complet~ the balance of this form and date and sign where indicated. Name of persun employed by the Town of Southold Title Or position of that person Describe thc relationship between yourself (~e applJcan~/agent/rcprasentativc) and the ~own officer or employee. Either check thc appropriate linc A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parcng or child is (check all that apply): --A) the owner of greater than 5% of thc shares of thc coq~orat~ stock of thc applicont (when the applicant is a corporation); B) the legal or benefichl owner ofsuy intcv~st in a non-corporate entity (when thc applicant is not a corporation); C) an officer, director, parer, or employee of thc applicant; or ___D) thc actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 200 ~ DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTC:s-VAZQUEZ SECRETARY OF STATE July 17, 2008 Mr. Joseph Zevits 97 Baylor Avenue Hillsdale, NJ 07642 Dear Mr. Zevits, Re: F-2008-0086 U.S. Army Corps of Engineers/New York District Permit Application. Joseph Zevits, 1375 West Lane, Little Peconic Bay, Town of Southold, Suffolk County File Closed The Department of State has received correspondence from the Army Corps of Engineers (COE) on Thursday, July 17, 2008, indicating that you do not have a permit application submitted to the U.S. Army Corps of Engineers for the above matter. The Department has, therefore, terminated its review of your consistency certification for this proposal. This action on the part of the Department of State is not and should not be construed as or presumed to be a consistency decision by this Department pursuant to 15 CFR Parts 930.62 or 930.63. Please disregard my request for a copy the revised proposal as it is no longer necessary. Although the proposal, as revised, may be consistent with the New York State Coastal Management Program and may meet the criteria for a general concurrence, it cannot be reviewed by the Department of State without a permit application concurrently under review with the U.S. Army Corps of Engineers. If you re-submit a new consistency certification for this proposal, a copy of the federal application for authorization and a new Federal Consistency Assessment Form and certification should be provided to the U.S. Army Corps of Engineers and the Department of State at the same time. Our review of the proposed activity and the consistency certification submitted for it will commence once it is determined that all necessary data and information have been provided. Please contact me at (518) 484-1737 (email: Jennifer. Street~dos.state.ny.us) and refer to our file # F-2008- 0086 if you have any questions regarding this matter. /ils CCi Southold Town Trustees Southold Town LWRP Coordinator - Mark Terry COE/New York District - Stacey Jensen NYSDEC/Region 1- Eugene R. Zamojcin ~2/Jennifer S/treet Coastal Resources Special{~f. Consistency Review Unit Division of Coastal Resour~:~s\ ! WWW.DOS.STATE.NY.US * E-MAIL;INFO~DOS.STATE.NY.US DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE April 28, 2008 Mr. Joseph Zevits 97 Baylor Avenue Hillsdale, NJ 07642 Re: F-2008-0086 U.S. Army Corps of Engineers/New York District Permit Application DEC # 1-4738-03796/00003 Joseph Zevits, 1375 West Lane, Town of Southold, Suffolk County Status of Consistency Review Dear Mr. Zevits, The Department of State received your Federal Consistency Assessment Form and certification and supporting information regarding the above matter on January 28, 2008 and began its review pursuant to 15 CFR Part 930, Subpart D on that date. We cannot complete our consistency review for this project until we coordinate our findings with the involved Federal, State and local agencies, and the Public Notice issued by the Department of State has expired, and comments, if any, are received. The Waterfront Revitalization and Coastal Resources Act (Article 42 of the NYS Executive Law, 19 NYCRR Part 600) requires that activities proposed to be undertaken in the coastal area of a municipality with an approved Local Waterfront Revitalization Program (LWRP) be consistent with, and advance, the policies and purposes of the LWRP. Although the Department has not yet completed our consistency review, the proposed activity does not appear to be consistent with the New York State Coastal Management Program (CMP) as expressed in the Town of Southold's LWRP, specifically Policy 4: Minimize loss of life, structures, and natural resources from flooding and erosion. Policy 4 states "Erosion control structures can be both beneficial and detrimental. While they may protect the immediate land behind the structure, they often contribute to erosion both on and off the site due to poor design and siting and lack ofdowndrift remediation of sand. Poor design and siting has resulted in accelerated erosion, aesthetic impairments, loss of public recreational resources, loss of valuable marine and wetland habitats, and water quality degradation." Policy standard 4.1 (C)(1) suggests "Enhance existing natural protective features and processes, and use non-structural measures which have a reasonable probability of managing erosion...(c) Provide for sand by-passing at engineered inlets or other shore protection structures to maintain coastal WWW.DOS.STATE.NY,US ° E-MAIL:INFO~DOS.STATE.NY.US processes and protective capabilities of beaches" and 4.1 (D) states "Use hard structural erosion protection measures for control of erosion only where...(5) The proposed hard structural erosion protection measures are (a) limited to the minimum scale necessary." Given the foregoing, the Department preliminarily intends to object to the consistency certification provided for the activity as proposed. If the Department does not concur with the consistency certification provided for this proposed activity, the consistency provisions of the federal Coastal Zone Management Act prohibit federal agency authorization of the activity, unless the Department's objection is overridden on appeal to the U.S. Secretary of Commerce. Such an appeal must be based on one or both of the grounds that the proposed activity is consistent with the objectives or purposes of the Federal Coastal Zone Management Act, or is necessary in the interest of national security. The Department strongly r~ecommends that you modify the proposed plans to reduce the length of the jetty to meet MLW and the elevation reduced to 12" above grade (low-sill) on the down drift side to comply with Policy 4 of the Town of Southold LWRP, or withdraw your consistency certification. Please contact me at (518) 484-1737 (email: Jennifer. Street~dos.state.n¥.us) and refer to our file # F-2008-0086 if you have any questions regarding this matter. Sincerely, Coastal Resources Specialist Consistency Review Unit Division of Coastal Resources /jls CC2 Southold Town Trustees Southold Town LWRP Coordinator - Mark Terry COE/New York District - Stacey Jensen NYSDEC/Region 1- Eugene R. Zamojcin Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-I 892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 13, 2008, the following recommendation was made: Moved by Jack McGreevy, seconded by James Eckert, it was RESOVLED to SUPPORT the Wetland Permit application of JOSEPH ZEVlTS to remove pilings and timber from east side of jetty, remove existing wood staving and replace with C-Loc 4500 series vinyl sheathing. Timbers of the east side and most seaward timber on the west side will be replaced with new CCA timbers. Existing pilings to be used again and jetty to be bolted with %" bolts. Located: 1375 West Lane, Southold. SCTM#88-6-18.4 Inspected by: James Eckert The CAC Supports the application with the Condition the reconstructed jetty Iow -profile and shortened to mean Iow water. Vote of Council: Ayes: All Motion Carried James F. K/rig, 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)765-1692 Fax (631)765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: ~r- ~/~.-d~v~' JOSEPH ZEVlTS requests a Wetland Permit to remove pilings and timber from east side of jetty, remove existing wood staving and replace with C-Loc 4500 series vinyl sheathing. Timbers of the east side and most seaward timber on the west side will be replaced with new CCA timbers. Existing pilings to be used again and jetty to be bolted with 3/,,, bolts. Located: 1375 West Lane, Southold. SCTM#88-6-18.4 s;Of area to be impacted: ltwater Wetland Freshwater Wetland __ Sound Bay Distance of proposed work to edge of above: of Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: /~-Wetland __Coastal Erosion __Amendment __Administrative Emergency Pre-Submission Violation Planning Info needed: Modifications: Conditions: Present Were: t/5.King v<, __ __J.Doherty__P.Dickerson I,D. Bergen~(/B. Ghosio, Jr H. Cusack t,/fi). Dzenkowski Mark Terry__other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review TRUSTEES John M. Bredemeyer, III, President Henry P. Smith. Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO'Vr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: File John M. Bredemeyer, III, President~ Complaint on property of Joseph Ze~i~cs SCTM ~1000-88-6-18.1 DATE: January 30, 1991 Upon review of the photographic evidence presented to the Trustee Office it is my opinion that the original groin construction on the Joseph Zevists property at SCTM 91000-88-6-18.1 pre-dates the Towns claim to underwater jurisdiction under Chapter 97 of the Town Code. Consequently the Trustees office concludes that no violation exists for this structure. By copy of this memo the Bay Constable is requested to the take photographs and measurements of the existing groins. Mr. Zevits has been informed that new groin construction will require a Chapter 97 permit from this office and that any and all repairs to the groins must dimensionally & materially conform to the existing as built structures. Upon receipt of the Bay Constables field report, photographs and measurements, this complaint will be deemed satisfactorily answered by the Trustee Office. CC: Joseph Zevits Bay Constable Matt Kiernan Joseph Enrico, NYSDEC dAN 2 5 Southhold Town B0aM 0! Trustees Date: OCt. 20, 1980 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNIFORM PROCEDURES ACT Receipt,o.U ?'1639 Region No.: One Applicant: Jo~p~ Zevits Amount: $ Application Identification No.: Permit Type: T~t~1 .~_t-1 Office: Requlatory AfCm~ rs TW15276-0352 Check [] Money Order [] Check or M.D. No.: 750 32-14-13 (9/77) DEPARTMENT REPRE~N~FATIVE. · P~gional Permit Administrator TITLE NANOP-E DEPARTMENT OF' THE ARMY NEW 'YORK DISTRICT. CORF,S OF' ENGINEERS 21 March 1980 Mr. Joseph Zevits 2470 Rossett Street Fort Lee, NJ 07024 Dear Mr. Zevits: We have completed our review of your correspondence dated 5 March 1980 concerning the need for a Department of the Army permit to repair the jetties in Little Peconic Bay at Southold, Suffolk County, New York. From the material presented, it appears that the work ia a repair and/or replacement in-kind to a previously permitted or exempted structure therefore, a Department of the Army permit will not be required provided that the proposed work will be executed in such a manner that there will be no additional encroachment into the waterway (beyond the existing structure) and that no wettands or marsh areas will be disturbed. Care should be taken so that construction materials (including debris) do not enter the waterway and become a source of drift. Appropriate State and local authorities should be contacted in order to determine the extent of their jurisdiction in this matter. Sincerely, JAN 2 5 200 Southhotd Town Board of Trustees JOSEPH ZEVITS 2470 ROSSETT FORT LEE~ N.J. 07024 ",~^Rc~ 5, 1980 U.S. ARMy CORPS OF ENGINEERS 26 FEDERAL PLAZA NEW YORK CITY, NEW YORK 10007 PLEASE 8E ADVISED THAT ~ OWN A PARCEL OF LAND ON SUNSET LANE IN SOUTHOLD, L.I., N.Y. (UAp ENCLOSED) WHICH FRONTS ON THE LITTLE PECONIC BAy. SINCE 1964, THE PROPERTY HAD THREE JETTIES THAT JUTTED OUT 100 FEET FROM THE HIGH WATER MARK~ INTO THE PECONIC BAy~ FOR THE PURPOSE OF PROTECT-- MY UP--LAND. DUE TO THE VARIOUS STORMS AND WEATHER CONDITIONS OVER THE YEAR S~ THE JETTIES HAVE MY UP--LAND IS BEING WASHED AWAY. lNG PERMISSION TO REBUILD ONE OF THE IS GRANTED~ ~ INTEND TO CONSTRUCT THE SPECI FI CATIONS~ SUCH AS THE SAME TYPE USED AND THE THANKING MET I REMAIN~ DETERIORATED~ AND AS A RESULT AT THIS TIMEr ~ AM REQUEST-- JETTIES. ~F MY REQUEST JETTY TO THE ORIGINAL OF MATERIAL WILL BE LENGTH AND HEIGHT WILL BE MAINTAINED. YOU IN ADVANCE FOR ANy CONSIDERATION AFFORDED '/ERY TRULY YOURS~ JAN 2 5 Seut~hold l'own Board oi Trustees 7'7 Y MAPOUEST Southold NY 11971 US Notes: IueSt Lane is the dirt road the at rmination of The Esplanade and nset Lane All riahts r~served. Use Subject to Ucense/Cooyriqh_t This map is informational only. No representation Is made or warranty given as to its content. User assumes all risk oi= Use. Mapg~uest and its suppliers a~ume no responsibility for any loss or delay resulting from such use. htt~://www.mat~auest.com/maps/print.adp?~pdata=AxNziBvAfYxuT44GTVLLQFObyt... 10/30/2007