The URL can be used to link to this page

Home My WebLink AboutBraider, John-Disapproval Telephone (516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Hall, 53095 Main Road P.O.. Box 1179 Southold, New York 11971 At the meeting of the Southold Town Conservation Advisory Council held March 25, 1996 the following recommendation was made: 1328 Moved by Allan Connell, seconded by John Hagerty~ it was RESOLVED to recommend to the Southold Town Board of Trustees DISAppRovAL of the Wetland Application of JOHN BRAIDER 35-3-p/o 12.5 and 12.6 to construct 2~5 +/- linear feet of plastic retaining wall entirely landward of AHW plus a 15' return on south side and 10' return on north side. Construct 20u, +/- Linear feet of stone rip-rap wall 15' +/- landward north of dock; fill intervening areas with ~275 +/-' cubic yards of clean fill and plant with beach grass. The CAC recommends disapproval because there is no need shown, erosion should be controlled with vegetation. Plant_the area below the mean high tide. :with spartina alterniflora'.-: "'The-area above the meah high~ tide should' planted.with sparti'na patens :. after 'grading . The rip rap-wall is not needed~ -';;the area should be stabilized with beach grass. 'All exposed up[and _areas '-shOuld` be planted between-April 15 and May'15. Applicant should contact 'the Natural Resource Conservation Services for planting recommendations. NOTE~ Sediment barriers are needed immediately to prevent sediment into the creek because of the exposed and unstable area. Gull Pond Lane, Greenport Vote of Council: Ayes: Allan Connell, John Hagerty, Robert Keith, Betty Wells, Kenneth Meskill Abstain: Scott Hilary Motion carried. Albert J. Krupski. President John Holzapfel. Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892. Fax (516) 765-1823 Office Use Only Coastal Erosion Permzt Applzcatzo~h~ --wz~etland Pe~lalt Application i'./~ Grandfather Permit Application Waiver/Amendment/Changes 1~4~ceived Application: ~Q~-~ · Received Fee:$ ~,~ ~-S~ t.-eompleted Application Iacomptete SEQRA Classification: ~pe I .Type II~-~Unlisted Coordination:(date sent) ~ ~,~-AC Referral Sent: ~~ Date of Inspection: ~& --~eceipt of CAC Report: ~-~7~ . Lead Agency Determination: Technical Review: P~tic Hearing Held: ~-&Q~ Resolution: N~e of Applicant John Braider Address 534 Main Street, Northport, NY 11768 Phone Number:(516) 242-3322 Suffolk County Tax Map Number: 1000 35 - 3 p/o 12.5, 12.6 Property Location: Gull Pond Lane, Greenport (provide LILCO Pole 9, distance to cross streets, and location) AGENT: En-Consultants, Inc. (If applicable) Address: Phone: FAX$: B,~=rd Of Trustees ApPlicatioh~ GENERAL DATA Land Area (in square feet): 80586± Area Zoning: R-40 Previous use of property: Intended use of property: Single family residential. No change in use. Prior permits/approvals for site improvements: Agency Date DEC 7/12/91 (see attached). No prior permits/approvals for site improvements. Has. any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Prior DEC permit for project similar to the one proposed herein was never implemented. Project Description (use attachments if necessary): See attached. WETLAND/TRUSTEE LAirDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: 1500±' ~quare feet Percent coverage of lot: 2 % Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? How much material will be filled? 275± Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: 0-10% Manner in which material will be removed or deposited: Deposited via truck. N/A c~bic yards cubic yards 1±' Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Temporary disturbance of sediment during construction of retaining wall. % F{~rd of Trustees ' ~ ~ Appl~cat~c~ .._ County of Suffolk State of New York John Braider BEING DULY SWORN DEPOSES AND AF~'£RMS THAT HE/SHE IS TI{E APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINRD HEREIN ARE TRUE TO TIEE 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 SOUTiqOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD TI{E TOWN OF SOUTI~OLD AND THE TOWN TRUSTEES ~Jd~/LESS AND FREE FROM ANY AND ALL DAMASES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF SRANTED. IN COMPLETING THIS APPLICATION, I HERRRY AUTI{ORIZE TI{E TRUSTEES, TIqEIR AGEI~i~(S) OR~PF~S~--"~TATI%~S(S), TO ~.EP, O~ITOMYPROPERTy TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. /~ S~nature swo~ To BEFORE ~ TH~S ~/ DA~ O~ ,]~~/ ,~ ~ / Notary Public NOTARY2UI~UC~$~ate o~ New No. 0! F04832201 Suilol~ Count~ C0mmissi0~ Exp~re~<30' . $17.~ Appendix C State EnvimnmentalQuality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only SEQ PART i--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ;SPONSOR I 2. PROJECT NAME I ,Tnhn l~'r'n(cl,~l- h~ Rn-~nn~lll~mSpt-~: Tnn. 3. PROJECT LOCATION: Municipality Rcnlt-hac) 1 d County .quf~olk 4. PRECISE LOCATION (Street address and ro~l Intersections. prominent landmarks, etc.. or Pt'ovide map) Gull Pond Lane Greenport, N.Y. 11944 SCTM ~1000-035-3-12.5, 12.6 5. IS PROPOSEr, ACTION: ~] New [] Expansion [] Modificatlonlalteration 6. DESCRIBE PROJECT BRIEFLY: See attached 7. AMOUNT OF LAND AFFECTED: Initially 1.8 5 acres Ultimately i . 8 5 8. ";VILL FROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXiSTiNG LAND USE RESTRICTIONS? [] Yes I'~ No If No. describe briefly 9. V, IHAT IS PRESENT LAi'¢D USE iN ViCiNITY OF PROJECT? [] Residential [] !naustrial [] Commemial Oescrme: [] Agriculture [] ParkJForest/O~)en space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDER; STATE OR LOCAII? [~ Yes [] No It yes. list agency(s) and permit/approvals CeE, Southold Town Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~ No If yes, list agency name an,~ permit/approval 12. AS A RESULT OF PROPOSED ACT, ON WiLL EXISTING PERMiT/APPROVAL REQUIRE MOD,FICAT,ON? [] Yes I-~ No i CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE Applicanttsponsor name: John Braic]~T- b_v F..n-(/onsultants, Inc. Date: Signature: ROy L. II~j~, If the action is in the Coastal Area, and you are a state agency, comptete the Coastal Assessment Form before proceeding with this assessment OVER 1 JOB DESCRIPTION Construct 245+/- linear ft. of plastic retaining wall entirely landward of AHWplus a 15' return on south side and 10' return on north side. Construct 204+/- linear ft. of stone rip-rap wall 15'+/- landward of retaining wall south of dock; and 6'+,'- landward north of dock. Fill intervening areas with 275+/- cu.yds, of clean fill and plant with beach grass. DEC prior permit 1-4738-00072/1-0 was issued for similar project but never implemented. ADJACENT OWNERS To Northwest: Harry Quintin and Others 5 North Side Circle Smithtown, NY 11787 To South: ~yne Instruments Corp. 95 Meadow Lane Greenport, NY 11944 To North: ..Harry Farrell & Wife 'Gull Pond Lane Greenport, NY 11944 New York State Department of Environmental Building 40-SUNY, Stony Brook, NeTM York 11790-2356 Phone (516) ~4-0270 Fax ~ (516) 444-0297 Michael D. Zagata Commissioner March 18, 1996 NOTICE OF PERMIT DENIAL Mr. Roy Haje Eh-Consultants 1329 North Sea Rd. Southampton, NY 11968 RE: Application # 14738-00072/00004-0, John Braider Dear Mr. Haje: We have carefully reviewed your proposal to construct 245 linear feet of bulkhead and 204 linear feet of stone rip-rap along the shoreline. The following is our determination. Based upon our analysis and recent and past field investigation, we have found that the bulkhead and rip-rap does not meet the standards for permit issuance pursuant to 6NYCRR Part 661.9(c)(3). Specifically, your proposal will have an undue adverse impact on the present and potential value of the adjacent tidal wetlands and will also adversely impact your neighbor's properties to the north and south. The structures will cause scour of the existing vegetated wetland areas and will scour the adjacent properties and associated wetlands. The Bureau of Marine Habitat Protection has been involved with this property for many years and has documented the continued loss of vegetated wetlands along the Braider shoreline. Most of this loss and subsequent shoreline erosion can be attributed to the physical removal of vegetated wetlands and associated upland clearing and grading activities that have caused major upland soil erosion. All of these activities have occurred without the benefit of a permk. Mr. Braider's problem has been self imposed. The Department has recommended since at least 1988, that Mr. Braider revegetate the intertidal marsh and upland m restore the natural shoreline conditions and to cease his upland clearing activities. Restoration was even required trader an Order on Consent signed in 1988 and a more recently negotiated Order in 1993 which Mr. Braider renegotiated to omit the wetlands restoration due to the cost. The existing condiflb~fis at Mr. Braider's property would ea~)~'i~ allow for a natural shoreline restoration including slope regrading, wetlands plantings and upland plantings. Adjacent properties to Mr. Braider are natural vegetated shorelines :that have been protected from erosion by the associated wetlands. This site is not prone to severe wave attack an would be protected by the revegetation along with proper upland soil management practices. Since your proposal does not conform to the requirements of 6NYCRR Part 661 (Tidal Wetland Land Use Regulatio,ns), and considering a more environmentally sound alternative is available, the permit is hereby denied. This permit denial is made without prejudice and is based upon the current configuration of your proposal and the current conditions at your site. If you choose, you may modify your application to include a vegetated shoreline restoration. Please be advised that 6NYCRR Section 621.7(f) provides that an applicant may request a public hearing if the permit is denied or contains conditions which are unacceptable to them. Any such request must be made within 30 calendar days of the date of the mailing of the notice of denial and should be addressed to the Regional Permit Administrator at the above address. Please direct any questions to myself at (516) 444-0270. Sincerely, Charles T. Hamilton Deputy Regional Permit Administrator CC: John Braider Legal Affairs DRS BMHP Southold Trustees EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 February 28, 1996 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 ATTN: Jill RE: Application fee for John Braider. Dear Jill: Enclosed please find check #6144 for $150.00 for John Braider's application. On February 21, 1996 the application was sent to you without payment. A copy of the original application is also enclosed for your records. I apologize for any inconvenience this may have caused and if you have any questions please do not hesitate to call. Roy aje Presid ent RLH;vlf Enclosure. TRUSTEES John M Bredemeyer, III, President Henry, P. Smith, Vice President Albert J. Kmpski. Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTI' L. HARRIS Supe.rvisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 2, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 Re: John Braider, SCTM ~1000-35-3-p/o12.6, 12.7 Dear Dear Mr. Just: The following action was taken by the Board of Town Trustees during its regular meeting held on September 27, 1990 regarding the above matter: WHEREAS, GLENN JUST, J.M.O. CONSULTING IN BEHALF OF JOHN L. BRAIDER applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated June 11, 1990 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recol~m~endations and, · WHEREAS, a public hearing was held by the Town Trustees with respect to said application on August 23, 1990 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED T~AT GLENN JUST, J,M.O. CONSULTANT IN BR~ALF OF JOHN BRAIDER BE AND ~REBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: C°nstruct~approximately 354' of timber retaining wall ~hove MHW Line. The southern Most 215' will be backfilled with stone; the remaining 139' will be backfilled with clean sand which will be trucked in from an upland source. The applicant also proposes to construc~ a 6' X 14' float and a 6' X 36' float onto existing dock SUBJECT TO the following: 1. The permittee is to move the crescent shaped horsefly e section of' the retaining section approximately ten feet (10') landward so it is placed at the edge of the lawn at the topographical crest of the bluff and not in the vegetated wetlands below. There shall be NO injury to high tide bush or Spartina species in that section. The remaining structure shall be built as per plan of J.M.O. Consultant. The applicant is to install a drywell(s) for roof runoff from the storage building as discussed with Mr. Braider. Ail un-vegetated sections of the beach except for twenty feet (20') of the applicants choice shall be replanted with Spartina alterniflora in a five foot (5') wide swath starting at M.H.W. Plants shall be on 12" centers maximum spacing. There shall be an additional inspection of the revegetation land aforementioned amendments with a fee of thirty-five ($35.00) due now. This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid, if apDlicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Please return to the Building Department for a determination on the need for any other permits Which may be required for this project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Inspection Fee $35.00 12' X 36' = $432.00 Total $467.00 Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jb cc: Bldg. Dept. Conservation Advisory Council file ./ I Z