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HomeMy WebLinkAboutCANTWELL, RICHARD JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765~1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1985 Mr. Richard J. Cantwell Main Road Jamesport, New York 11947 Dear Mr. Cantwell: In accordance with the resolution of the Southold Town Board, adopted on November 7, 1985, with respect to receipt of a Long Environmental Assessment Form pertaining to your Wetlands Applica- tion No. 207, the date for receipt expired on December 9, 1985, and your application is deemed withdrawn. CC: Very truly yours, Judith T. Terry Southold Town Clerk Town Trustees ~/ Conservation Advisory Council BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 July 25, 1984 Mrs. Judith T. Terry Town Clerk Town Hall Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on July 18, 1984: RESOLVED to recommend to the Town Board to disapprove the Wetland Application No. 207 submitted by Richard J. Cantwell to dredge approximately 18,600 cu. yds. to enlarge and connect two existing irrigation ponds, Main Road Orient. The Trustees recommend disapproval of this application because of the irreversible damage to the spartina ring around the pond. They felt that a project of such size ~ould puncture and possibly irreversibly damage the water supply. The project directly faces a number of residential homes along Cedar Birch Drive and could directly affect the water supply. Looking over the short environmental assessment form several of the questions should have been answered affirmative. Very truly yours, HENRY ~',.. SMITH, PRESIDENT BOARD OF TOW~N TRUSTEES Ilene Pfifferling Secretary to Board BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197t July 19, 1984 TELEPHONE f516'~'765-1892 Mrs. Judith T. Terry Town Clerk Town Hall $outhold, New York 11971 Dear Judy: The Board of Town Trustees request that the Town Board declare itself lead agency'in the matter of the Wetland Application No. 207 for Richard Cantwell to excavate approx- imately 18,600 cubic yards of soil to create a 1.84 acre pond, Main Road, Orient. Very truly yours, Henry P. Smith, President Bo.a~d.. of Town Trustees HPS:lp BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD I'own Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Date: February 13, 1986 TELEPHONE (516) 765-1892 TO WHOM IT MAY CONCERN: Attached hereto is a Short Enviroranental Assessment Form submitted by Richard Cantwell in connection with his application for a Wetland Permit to remove fill so placed outside of the 75' area of the wetlands, and to excavate the existing pond in complience with the D.E.C. permit in effect. Property is located on the South Side of Main Road, O~ient, New Yo~k. ~ ~enry P. Smith, Presiden~ Board of Town Trustees HPS:ip Posted: Feb. 13, 1986 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRONIViE. HTAL ASSKSSiVIENT FORM Project information (To be compJeted by Applicant or Project sponsor) ~' ~P~%~'~°~°~Cantwell I ~ P~oie~t N,m. 3. P~o~ect~o~t,o.: Orient, Town of Southold Suffolk To dredge additional areas in existing pond SEE SURVEY ~ Yes ~ NO If NO. describe briefly ~ Residential ~ Indus,,ial ~ C ...... iai ~ Ag ......... ~ Parkiand/ooen s~ace DEC DEC CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PART 11 Environmental Assessment C7o be com~[ete~d b~ ,~encyJ PART III Determination of Significance (To be comelete~ bv Agency) INSTRUCTIONS: For each a~]verse effect identified above aetermme whether it is substantial, large, ~mportant or otherwi-~ slgmficant. Each effect should be assessed m connection with its La) setting ,ri.e. urban or rural] {b) probability of occurr:'; {c) duraUon: (d) irreversibilitv; {e) geograohic scope; and (f) magnitude, if necessary add attachments or reference suppor:m materials. Ensure that exDmnatlons contain suT~cient detail to show that all relevant ~_dverse impacts have been ident~fiee and aoeouateJv addressed. ~ Check this box if You have identified one or mote potentiail~ large or significant a~verse impacts which MAY occur, proceed directlv to the FULL LONG FORM FAF and/or prepare a [~ositive dectarauon. '~ Check th~s box if you have determined based on the information and analysis above and any suol3or[Ing documentation, that the DfODOSed action WILL NOT result m any s~gnificant adverse environmental impacts AND prowae here JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STA'I ISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold_ New York 119~7t TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTtIOLD August 15, 1984 Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation BUilidng 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Enclosed is application-of Richard J. Cantwell for a Wetland Permit to enlarge and connect two existin9 irrigation 'ponds on the south side of the Main Road, Orient, New York. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. We are requesting Mr. Cantwell to prepare a Long ElS. May we. have your view on.this matter. Written comments on this project will be received at this office until September 3, 1984 We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures Commissioner Williams Southold Town Building DeparTment Board of Southold Town Trustees/ Conservation Advisory Council NEW'~oNK STATE DEPARTMENT O/: ENVIRONMENTAL CONSERVATION ~P~T NO. 10-84-0191 UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (protection of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (ConetFuotion in Flood Hazard Areas) PERMIT ISSUED TO ADDRESS OF PERMITi'EE Richard Cantwell Maim Road Jamesport, NY 11947 '~--~.~ LOCATION OF ~OJECT(Sectionofstream, tidal wetland, dam, building) ~ Little Bay - Dirt road off Main R~ad - opposite Plum Island Road DESCRI~ION OF PROJECT Excavate approximately 18,600 cubic yards of soil to create a 1.84 acre pond, having a length of approximately 775' and a maximum width of 160'. The newly constructed pond will connect two existing irrigation ponds and all excavation will occur on the landward side of the en- circling dirt road. The excavated soil is to be used to grade around north end of pond or is to be trucked to a suitable upland disposal site. :OMMUNITY NAME (City, Town, Village) J TOWN Orient Southold COUNTY Suffolk JFIA COMMUNITY NO' ' J DAM NO. GENERAL t. The permittee shall fi~e in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and ~hall also notify him ~om~ly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the pubtic interest so requires. 3. As a condition of the isauan~;e of this permit, the applicaut has ac- cepted expressly, by the execution of the application, the full legal respon- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the hanks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as Will prevent escape of the material into the waterway. 6. There shall be' no unreasonable interference with navigation by the work herein authorized. ~'[ That if future operations hy 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 cm~se, 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 loss or destruction of the natural i:esoorces of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the waterCourse hereby authorized shall not be completed, the owners shall, without expense to the State, and &o 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 condi/Lion the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on accoaot of any such removal or alteration. sS:~0:4 i-g~Ts) (SEE REVFRSE SIDE) CONDITIONS '~ B. That 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 perpeses, ~nd no claim or right to compensation shall accrue from any such damage. g. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to Continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation bf this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall~ without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York oh account of any such removal or alteration. t2. This permit shall not be construed as conveying to the applicant any ' right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a p~rson not a party to the permit. 13. The permittee, is -responsible for obtaining any other permits, ap- provals, lands, easemeuts and rights-of-way which may be required for this project. 14. If granted under Article ~6, this permit is granted solely on the basis of the requirements of Article 36 of the I:n~vironmeutal Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. SPECIAL CONDITIONS 1. A lilt screen is to be placed in ditch during all construction activities. SPECIAL CONDITIONS A THROUGH J ATTACHED. PERMIT ISSUE DATE · .]-une '~8, :L984 USACE Daniel J. La~r~i Bldg. 40, SUNY, Stony Brook,NY 11794 Dg¢ # SUPPL~;~;~Y SPECIAL CO~ITI0~S The following condftions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit or approval and approved project plans and supplement- ary conditions shall be available at the project site whenever authorized work is in progress. The permit sign e~closed %rith the permit or a copy of approval letter shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned.~ For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit kdministrator in writing at least 48 hours to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require, submiss- ion of a new application for'permit. All necessary precautions shall be taken to preclude contmmJnation of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coating, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District, 26 Federal Plaza, New York ~IY 10007, (Attention Regulatory Functions Branch), prior to commencing work authorized herein. The granting of this permit does mot relieve the permittee of the responsib- ility of obtaining a grant, easement, or other necessarM approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for ~uy encroachment upon State-o'~aed lands under water. Regional Permit Administrator NYS Department of Environmental Cons. · .... Bldg. 40, SUI~f~Room 219 Stony Brook, NY 11794 (516) 751-7900 10-84~0191 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE /516) 765-1801 June 27, 1984 Mr. Henry P. Smith, President Board of $outhold Town Trustees $outhold Town Hall $outhold, New York 1~971 Dear Mr. Smith: Transmitted herewith is application no. 207 for a Wetland Permit submitted by Richard J. Cantwell. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry $outhold Town Clerk Attachment Examined .................................................. 19 ....... Approved ................................................................ Disapproved· ..................................................... · · .. C~-~,'!ition% if aCt¥ ........ . .................................................................................... . ............................. Examining Body .................................................................................................................... Signature of Chairman ......................................................................................................................... APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulatfons govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to Location of property for which permit wanted ......... ..~....4].Z..~. ......... .?.£..~....~. ...... :..~...~:~..x~..,.~.. ............. Home address of permit applicant if different from aforesaid location ............................. ~ .......... ...... .......... .......... L I Z ................................................................................. Creek, Bay or Harbor fronting property ........ ~.J..o..~..?= .......................................................................... Size of proposed work: Length ............ ..~'....~... ~,~ ............. ..~?.~. ~..~. ff :. ~.~.. ?.. ?..~.. ~..~ ............................................................................ Width ' /(~o ,"n/~ ,z ,, ,-~ ~, ,,-~ /~o / ,d~-'e r',~ ~7 ~ Height Above High Water .................... //..' ............................................................... : ............................... Depth Below.Low Water .................. ..~...z.z;.~,~.~.. ......... .~.?.,¢.....?.z~.. ~' ' ... J}2.~, c~ K, ~ a~ Yards to be Excavated .............. /.'~...&..e.9. ........... ,...~.~4'..?.~..¥.;.'..~..;~..z7~.(.~ ........................................... Yards to be Filled ................. ../g./..4. ............................................................................................... i .......... Width of canal, creek or bay fronting property .............. .~..(~.e.. ......................................................... Depth at Low Tide ..................~.../.-~. ............................................................ i .................................. ~V.~ ' ' . . ; Average Rise in Tide ............... ~ .......................................................................................................... Town Of Southold Town Clerk's Ottice Southold, N. Y. Application No.' .......c~.,....~..z ............. APPLIC~kTION FOR WETLANDS PERI~iIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writte~ permission from the owner of the property if not the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed proiect. (Note: Copies of the Pilot Plan may be made by a copy machine and attached lo the Permit Application.') 7-- -~- C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the' · work is completed must be given, including o survey if required. E. If permit is being sought for o more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $50,00 shall accompany the application. This filing fee includes one inspection= there is a $5.00 fee for each additional inspection. H. The Town Board upon request o/: the applicant for o permit, may waive in ~hole or in part, the provisions of ArticIe 11, Section 9?-2].subdlvisions(D) and(G) where it finds that nature of the proposed operations are such that the requirements of such provisions ore not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. Is this for private or business use? .~.~.. r~ Area Zoning ................................................. ~ ............................................................................ Manner in which material will be removed or deposited ....................... .~. ........................................ Written consent of owner of property, if not the same os the applicant ............. ..?..~..~.....~. ............... COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ~/~ ~ r- /¢~/2'-0j~ being duly sworn deposes and soys that he is the applicant for the above described permit, and that alt statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of Southo[d. The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and cloi~ns arising under o~~e?>f ~'i~~~ ~.~..-. nature [ f Ap ~]?~'~}' ........................................ Sworn to before me this .......~...~......-... ............ day of ......................... ~ ....... , ............ ~ Noto~ Public ~ ~D~ T. ~ No. B~ ~ff~ ~.~ TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESS~/ENT FORU INSTRUCTIONS: (a) In order that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations wilt be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is li~ely that this project is not significant ..... :. (d) Ehvironmental Assessment 1. Will project result in a large physicaZ change '.. to the project site or physically olte4r more than 10 acres of land? ........................ Yesrna 2. Will there be a major change to any unique or -- unusual land form found on the site? ...... ;... Yes/__ 3. ¥/i~1 project alter or have a large' effect on existing body of water? ....................... __¥Ds /No . 4. Will prqject have a potentially large impact groundwater quality? Yes ~No 5. Will project slg~ificantly effect drainage. flow on adjacent sites?..' ...... % ............... Yes /No 6. Will project affect any threatened or endangered plant or animal species? ........... -Yes No 7. ¥]ill project result in o major adverse e~fect on air quality? ............................... Yes 8. Will.project have a major effect on visual characte~ Of the community or scenic views or vistas known to be important tO the community? Yes ~. ¥;ill project adversely impact any site or structure bf historic, prehistoric or paleontological importance or any site designated as a critical environmental area . / t0. Will project have o ~ajor effect on existing or future recreational opportunities? ......... Yes_~No 11. Will project result in major traffic problems or cause o major effect to existing transportation system's?.'; ..................... __Yes~/ No 12. Will project'regularly cause objectionable od~rs, noise, glare, vibration, or electrical disturbance os o result Of the proj%ct's ./ operation? ......... ; ..................... ;.;.. Yesb/N.. o 13. Will project have any impact on public heal{h- ", or safety? ................................... __ s o 14. Will project offec~ the existing community ~y directly causing a growth in permanent '- population of more ihan 5 percent over a on~ year period o~r hov~ o major negative effect on the character of the commu6it¥ or neighborhood? ............ ~ ................... Ye-s /_N° 15. Is there public controversy concerning the -- project? ........................................ Yes .. REPRESENTING ~A/r ~c- ~.,/~/~ _ . .- to answer the questions in this short EAF it is aSSumed Date: Region No.: Applicant: April t2~ 1984 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNIFORM PROCEDURES .ACT Recg,pt No.U 441743" One Office: Regulatory Affairs Richard Cantwell Amount: $ Application Identification No.: Permit Type: 1n-gA-019] Tidal Wetlands Check ~ Money Order [] Check or M.O. No.: 1995 32-14-13 (9777) TITLE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CC~ ~/~,~3 NOTICE OF COMPLETE APPLI~ ~.~N~:'~-J ;~ Applicant: Address: ' W~ ~ ~C'~' "~ ' J~, ?:e~ York i19~7- ~ .... - ~erm~ts apP]~d fo~ amd application nu~ber(~) .... T~i' ~s" ~10'~4~9i Project d~cfi~on and [o~tion. Tow~ of genthe].d County of ~ffolk Exca~e appr~4~t~y 1~,~0 ~ic ~r~ of so~ ~o crea~e a t.~ acre pond. 55QR DS/SR~NAI~oN: kheck appropriate box) ~ 55QR-] Fro]ect ~ not sub)ecl to 55QR ~cause ~[ ~s an exempt excluded o? a Type H action. Q SEQR-2 Proj~ is a Ty~ I a~ion; it has been determined that the project will not have a significant effect on the environment. A Negalive D~{aration has ~en prepared and is on file. ~ SEQR*3 Proj~ is an unlisted a~ion; it has been determined that the project will not have a significant effect on the environment. ~ SEQR-4 A dcai environmental impact statement has been prepared on this project and is on file. ~ SEQR.-5 A final environmental impa~ statement has been prepared on this project and is on file SEQR LEAD AGEN~ AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below by no later than ~.~ CONTA~ PERSON: ~c~aei ~. ~aban Stony Brook, I~ 11794 (516) 751-7900 TO THE APPLICANT: 1. THIS IS NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your application. 3. Y~ur pr~ject is c~assified MA~R~ Acc~rding~y~ a deci~i~n wi~ be made within 9~ days ~f the date ~f this N~tice. [f a pub~ic hearing is necessary~ y~u will be notified within 60 days and the hearing will corn mence within 90 days of the date of this notice. If a hearing is held, the final decision will be made within 60 days after the hearing is completed. 4. Publication of this Notice in a newspaper is: ~ required [~ not required If required, please consult the accompanying transmittal letter for further instructions. CC: Chief Executive Officer ~- Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233-0001 FiFe /',u~. Date us~$ File ~,Hi~zF EXECUTIVE OFFICER d