Loading...
HomeMy WebLinkAboutGICALE, SARAH NO ACTION Albert J. Krupski, President John Holzapfel, Vice President William G. Al'bertson 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 January 21, 1994 En-Consultants, Inc. 1329 North Sea Road SouthampTon, NY 11968 RE: Sarah Gicate SCTM ~1000-110-7-17 Dear Mr. Haje: In Recent years the Southold Town Board of Trustees have never approved an application for a new groin or expanding an existing functional groin. Although that is not likely to change, we will table your application and await further communication from you. Sincerely, Albert g. Krupski, Jr. President, Board of Trustees J~B:jmd Albert J. Krapski, President John Holzapfel, Vice President William G. Albertson 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 LEAD AGENCY COORD/NATION REQUEST Enclose~~ is a pe_mit'~ ' application and a completed part I of the Enviroramental Assessment Form. Southold Town Trustees are interested in your ageny's comments in acting as SEQRA Lead Agency for: LOCATION: k~A% TAX MAP: ~d0oo-~lo~7-~7 . DESCRPTN: PERMIT REQGIRED: (~.-)'~TOWN WETLAND ( SEQRA CLASSIFICATION: ( ) UNLISTED PERMIT ) OTHER ( ) Type II ( ) CEA Please contact .~lbert J. i[ruoskS, Jr., Trustee · , within 30 days and be advised that the Southold Town Trustees (WANT)/(DO NOT WANT) to assume lead agency. SENT TO. ~ (~'~DEC (~DOH ( ~ PB ( ) ZBA ( ) BLD ( ) Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: - SCTM: We at AGENCY Trustees assuming Lead Agency. (Have/No) objection to Southold Town Comments/Reasons: Signature of Authorized Representative TRUSTEES John M, Bredemeyer. III. President Albert J. Krupski. Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold. New York 11971 November 19, 1993 Mr. John Holzapfet, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Mr. Holzapfel: Transmitted herewith are the following applications for a wetland permit: SARAH GICALE SCTM ~110-7-17 Please prepare a written report of findings and recommendations with respect to these applications. truly yours, Jo~n M. BredemCeyer, 2[II President, Board of Trustees m/djh Telephone (516) 765-1801 TO: FROM: DATED: RE: Town Hall. 5309,5 M~in Road P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCII~ Southold Town Board of Trustees Southad Town Censervatio. Advisory Co.i T0wN OF SOUTHOLD December 3. 1993 Recommendation of Wetland Applications A meeting of the Southold Town Conservation Advisory Council Thursday. December 2. 1993. Present were John Holzapfel. Chairman; Bruce Loucka. Member; Robert Keith. Member; and Stephen Angell. Member. The following recommendations were adopted: held Moved by Bruce Loucka. seconded by Robert Keith. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL of the Wetland Application of JOSEPH W. SUDA 53-5-10 to remove and replace. (in-kind. in-place) 152' of timber bulkhead and 5' x 11' returns. Backfill with 15-20 c.y. of clean fill. 1280 Sage Boulevard. Greenport. Vote of Council: Ayes: All present Motion carried. Moved by Robert Keith. seconded by Stephen Angell. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL of the Wetland Application of JOSEPH AND ELLEN SULLIVAN 116-7-7 to construct a single family residence and deck including garage, sanitary system, and fill. Meadow Beach Lane. Mattituck Vote of Council: Ayes: All present 'Motion carried. Moved by Robert Keith, seconded by Stephen Angell. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL WITH CONDITIONS of the Wetland Application of DOUGAL FRASER 118-~-7 to replace (within 18") 99 +1- of existing timber bulkhead and remove and replace in same locations and configuration 3.5' x 8' TRUSTEI~g John M. Bredemeyer, III. Presidem Albert J. Ird-upski. Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OFTOWNTRUSTEES TOWNOFSOUTHOLD 30 year Maintenance Agreement Erosion Protection Structures Chapter 37 Southold Town Code Southold Trustees as Administrator SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 I (we) Sarah Gicale t~e or print ~me(s) the owners of record of property at: ~ ~_ (t~e or print street address) SC~_~ ~1000- 110-7-17 in applying for a Coastal Erosion permit for an Erosion Protection Structure do hereby agree to a 30 year maintenance program for a structure commonly known as a ~roin of 33z as shown on the attached feet of length licensed survey of the as-builg structure. It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years and or equivalent to the .original approved structure and that for any maintenance which involves more than 5% in length of this structure we are to give prior written notice to the administrator, waiting for their approval in all but true emergency situation's which would seriously endanger life, property and important coastal natural resource features such as bluffs or wetlan~s. We further understand that failure to maintain the structure could result in a requirement to post a bond and or have t_he repairs ordered as a lien against the p~r~oper_ty, upon a finding, by the Trustees that said lack of maizite~anCe would risk ~=ife, p~operty or important natural resources ~eatures including protected, rare or threatened animals and plants. · ' e~u ~e ~lz re r of record Please submit three ~copies of a licensed land survey made within one year of the original construction. This maintenance agreement shall only be valid upon the final approval of the administrator. Subsequent owners may apply to the Southold Town Trustees to re-authorize this maintenance agreement. Telephone ($16) 765-1892 Fax (516) 76~-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCO'rr L HARRIS Town Fls I1 53095 Main Road P.O. Box 1179 ~outhotcl, New Yonk 11971 COASTAL EROSION MANAGEMENT PER~IT APPLICATION TO~ WE~DS PERMIT APPLICATION TR~f~E LANDS PERMIT APPLICATION Office Use On]. 7~Coastal Erosion Pe.r~.it .Application ~Wetland Permit ApplicatiOn d~Trustee Lands Pe~nit Application ~kGrandfather . . ~_C0mpleted App.s. Date: ~Variance Re~ired, =ac ,t-~ ' ~ ~ ' Neighbors notified Da~: Coord. Review-opt. ,mand. . Ins . comp./aate: ~SEQ~ Data.in./date: Pe~it Vote: (Y/N): ~ 'I Special Conditions: ( also see file ) Application Fe~ Date Rec~ byO~fice Application NLLmber; SCTM %1000-11~-7-17 Project Name (If any) Date Prepared~ September 24, 1993 Appiicant:~n-consultants. IR~, Address: 1329 North Sea Road Southampton, New' York 11968 Phone Interest: (owner, consultant,lessee,etc.) ~16 ) 283-6360 AGENT Owner of Property: Sarah Gicale Address ~ncr Rn.%a ~ ~)¢~i[~.~-ff~ · mm~Fe~=o. ~-~ Yu~k 1422~ Phone (7i6) S~jec= Property Lo~ation. Eas= Road~ Cutchogue (Provi=e LILCO location maD) Pole ~, D±stanca to cross S~tz. eets if no= on T~IS IS }TOT A PE~I~: YdS. to.be excavated: _____~L~__ ._____' Yds. ~o be filled: N/A Man, er in which material will be r~moVed or deposited: Width of canal, creek or bay frone~ng property: Dep.~h at low tide: 0 Aver. rise i~ ~ide: '2' - 6" Distance to nearest channel: N/A Distance project extends beyond s~lar projects in area: Ar~a zoning: R-1 ._ L~/~d area in .acres: 1 acre Is ~roject for private or business use: private proper~y: one family dwelling - no change ' operations oonduc~ on prmmises: by a No Project Description The project description must also include plans for reclamation of land disturbed during construction of =he principle and accsssor~ structures and underground s~=uctures. (i.e., pipeline and septic system; make additional attachments if necessary). Construct 1-3 =on capstone groin o~er existing deterioratin9 33±' groin for purpose of erosion control; maximum proposed elevation of 9roin = 7'3"±. Two yard tracked payloader to be used for construction; will AuZhorization (Where the applicant is not the owner) I Sarah Gicale residing at ' - . - . , ~u~ale, ( P~int.-owner#~ 7~ subject property). ( Mailing address-phone ) do hereby adthoriZe ~-~,n,~ ~*~ ~o to apply for Coastal Erosion pe.r~i=(s) from the' $outhoid Town Trustees Signauure THIS IS NOT A PE~RMIT COUNTY OF SUFFOLK ) STATE OF NEW YORK ) BEING DULY SWORN DEPOSES IS ~ APPLICANT FOR THE AND CONTAiNED.M~w~TNARE ~ WORK W~LL BE DONE IN THE IN THIS APPLICATION AND-AS MAY BE APPROVED BY OF SOUTHOLD. T"~EA~PLICANTAGREES OF AND THE TOWN TRUSTEES HARF/LESS AND FREE FROM ANY ANDAZ/~DAMAGES AND CLAiMS ARiSING UNDER OR By ~ OF SAID PEP-MIT, IF IN COMPLETING THIS APPLICATION, I w~.~y AUTHORIZE TWm. TRUSTEES, THEIR AGENT OR REPP-ES,_F~T_..ATIT;E, TO ENTERONTOMYPROPERT~/TO INSPECT THE PR~ISES IN CONJUNCTION WITH REVIEW OF THIS 'APpr.rCATION. ~S£gnature of Appiicanu SWORN TO BEFORE ~E THIS PUBL2 C EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIP/VZAN COMPUTATION OF FEES Approved 2/27/85 sEA ~D, L ITS iNC. NORTH SEA RD, 5OUTNA~,~PTON N, Y. TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Incorporated, to apply for permits on my behalf. Sarah Gicale ~rRT 1--PROJECT INFORMATIC~/ Prepared by Project Sponsor NOTIC[ Th,. ,',:J, .m~,mt . ~:e~gnea to asses[ ~n determlmng whether the action proposed mag. have a significant effect on me ,,n~ ~r~ m,.,-n? Pk'a,~. omDiete the entire form. Parts A through E. Answers to these questions will be considered as Dar[ or th~. a[)l ~l~, .[t~on TOt auDrova[ and may be subject to further verification and public review. Provide any additional Intormatlon ~ou n~,ll~,%~, ~vtJl b~' neeaed to comoJete Parts 2 and 3. It is exee~ tea :nat corn Diet,on or the tull EAr will be dependent on information currently available anc wi[I ~ot involve new studies, research ~r mvesug~uon. If information requiring suc~ additional work is unavailable, so indicate and specifv each instance. NAME OF ACTION LOCATION OF ACTION dnclude Street Address, Municipality and County} Eas~ Road, Cu~choque, Town of Southold~ NAME OF APPlICANT/SPONSOR Eh-Consultants, Inc. ADDREss 1329 North Sea Road Suffolk County JBUSIN ESS TELEPHONE (516) 283-6360 CI~IPO STATE ZIP CODE Southampton NY 11968 NAME OF OWNER (If different~ BUSINESS TELEPHONE Sarah Gicale (301) 208-1039 ADDRESS 22 Dellcastle Court CITY/PO STATE ZIP CODE Gaithersburg MD 20879 DESCRIPTION OF ACTION Construct a t - 3 ~on capstone gr6in over existing deteriorating 33±' groin for purpose of erosion control; maximum proposed elevation of groin = 7'3"~. Two yard tracked payloader to be used for construction; will access construction site from end of Hamilton Avenue. Please Complete Each Question-Indicate N.A. if n6t applicable A. Site Description Physical setting of overall proiect, both developed and undeveloped areas. 1. Present land use: ~Urban fmlndustrial ~Commercial ~]Residential [suburban) ~Forest ~Agriculture 1-30ther 2. Total acreage of prolect area: .88 acres. APPROXIMATE ACREAGE Meadow or Brushland INon-agriculturai) Forested Agricultural (Includes orchards, cronland pasture, etc.) Wetland IFreshwater or tidal as per Articles 24. 25 of ECL} Water Surface Area Unvegetated (Rock, earth or fill) Roads. buildings and other paved surface, s Other ( ndicate type) ~21ac~5c:~_~'~-- 3. What is ~redominant soil type{s) on project site? a. Soil drainage: QRural (non-farm/ PRESENTLY AFTER COMPLETION acres acres · &~ acres &~ acres acres acres acres acres acres acres ; O ~ acres , O~- acres · acres · ~)~ acres ,0'7 acres , 0 ] acres % of s~te b. If any agricultural land is involved/how man~ acres of soil are classified within soil group I through 4 of the NYS Land C ass f cat on System? t~/~'*-- acres (See ~I NYCRR 370] Are there bedrock outcropomgs on project site? ~]Yes ~]No a What t~ :eDtn to oeorock? ffOt~ L :in feet) J~OA/etl drained /~ % of site ~Modbratet~ well drained ~Poorly drained % of site 5 ~DDroxlmate u~-rcenta~e m )ropo~ect~O ect site with slopes: [~0-10% ~ ~.__ % []10-15% % ~15% or greater /Z, % 6 Is uro.'~', ,u~.t,;n:~ad~ om ~uou~ ~o or contain a building, site. or district, listed on the State or the National Is Drolect .un.tanh.d[~ . ont ~uous ta ] ~lte listeo on the Register of National Natural Landmarks? What , tnt, del)tt} ~ :m, ~aler :ableZ ~ (in feet) ~ ~o,-~ ~, ~ s q[e ~ucated o~,r a primary. 3rmciDa[. or sole source aquifer~ ~Yes ~No ~Yes 8 9. 10. Do hunting, hshmg or -hell t~shin8 opportunities presently exist in the project area? ~Yes ~No F~No 11. Does project s~te con[am any species of plant or animal life that is identified as threatened or endangered? ~Yes ~No According tO R'~' ~-'' ///~c,~. Identif~ each species Are there any unique or unusual land forms on the project site? (i.e.. cliffs, dunes, other geological formations) ~Yes ~No Describe is the project site presently used by the community or neighborhood as an open space or recreation area? ~Yes ~No tf yes. expiain Does the present site in dude scenic views known to be ~mportant to the community? [-]Yes ~No 15. Streams within or contiguous to project area: a. Name ot Stream and name of River to which it is tributar~ 16. Lakes. [~nds. wetland ar~j~s within, or contiguous to pro~ject area: a. Name I-q'c:~;q~-, tC~-~, b. Size (in acres) / 17. Is the site served by existing public utilities? I~Yes [~No a} If Yes. does sufficient capacity exist to allow connection? ~Yes ~No b) If Yes. will imorovements be necessary to allow connection? ~-Yes r~No 18. Is the site located in a, agricultural district certified pursuant to Agriculture and Markets Law. Article 25-AA Section 303 and 304? CqYes ~No 19. Is the site located n or substantially contiguous to a Critical Environmental Area designated pursuant [o Article 8 of the ECL. and 6 NYCRR 6177 '~Yes ]--No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~Yes ~_No B. Project Description 1. Phvsicat dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ' initially; n~. b Project acreage to be developed n~ c/,,~j acres c. Project acreage to remain undeveloped n ~ ¢/,~ ~acres. d. Length of project, in miles: ~/~- (If appropriate) e. If the project is an expansion, indicate percent of expansion prooosed '~/~- % f. Number of off-street parking s~aces existing ~ ; proposed g. Maximum vehicular trips generated per hour ~-(~ ~4~,,~) (upon completion of proiect)? h. If residential: Number and type of housing units: ". One Family Two Family Multiple Family Initially / L [timatelv / Linear feet of frontage along a Dub]lc ti~oroushfare nrojec[ will occupy is~ acres. acres ultimately, length. ft Condominium will be removed from the,~ earth etc.) 3 Wdl u~sturbed area~ be reclaimed? []Yes []No [~N/A a Il ,,'e, Tot ~,nat intended ouroose is the site being reclaimed? n Wd[ to~r~ be ,to(kDded tot reclamation? ~Yes ~No c wdl u,~.r ,ubsod ~e ,tockpded for reclamation? ~Yes ~No 4 Ho~ many acres o~ ~egetat~an (trees. shrubs, ground covers) will be removed from site? ~ acres. 5 Will any mature torest rover 1~ years old) or other locally-important vegetation be removed by this project? ~Yes ENo 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d_ Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? []Yes N--1No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 11 Will prolect require relocatio~ of any projects or facilities? tons/cubic yards months, (including demolition). month year, (including demolition}. month year. FqYes {]No ; after project is complete ~ F3Yes l~No If yes. explain 12, Is surface liouid waste disposal involved? ~Yes a. If yes, indicate type of waste (sewage. industrial, etc.) and amount b. Name of water bod* into which effluent will be di;charged 13. Is subsurface liquid waste disposal involved? ~Yes ~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain {-lYes [~No 15. Is project or any portion of project located in a 100 year flood plain? [~Yes 16. Will the prolect generate solid waste? I-]Ye~ E~No a. if yes, what is the amount per month tons b, If yes, will a~ existing solid waste facility be used? []Yes []-]No c. If ves. gwe name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes. ex~lain /-lYes ~No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? ~Yes {l-lYes tons{month. years. ~No 19. Will project routinelv produce odors (more than one hour per day}? E~Yes ~No 20. Will project produce operating noise exceeding the local ambient no se evels? ~Yes 21. Will prolect result in an increase in energy use? I-iYes E~No If yes . indicate type{s) : ~]No 22 f water suppw Js from wells, indicate pumping capacity .41 ( 23. Total anticipated water usage per day '~ ~'A gallons/day. 24 Does project involve Local, State or Federal funding? -3Yes f Yes explain gallons minute. ~No 25." Appro'vals Required: ..~ Submittal Type Date Cit,,. l'o~sn. VdlaL:,, bloarc -'Yes fmNo City. town Vdla}ze Planmng Board ~Yes ~No C~tv. /own Zomm¢ Boarc [.:Yes ~-INo City. County Health Departmen! ~Yes ~No Other Local Agencies ~Yes ~No Other Regional Agencies ~Yes ~No State Agencies ~Yes ~No Federal Agencies ~Yes ~No C. Zoning and Planning Information I Does proposed action involve a planning or zoning decision? E~Yes [-1No If Yes. indicate decision required: ~lzoning amendment I-~zoning variance [-1special use permit I-Isubdivision I-Jsite plan []newfrevision of master plan []resource management plan ~other 2. What ~s the zoning cJassification(s)of the site? ~ _ 3 What is the maximum potential development of the site if developed as permitted by the present zoning? 4 What is. t~ proposed zomng of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans~ ~Yes ~No 7 What are the predominant land use(s) and zoning classifications within a ¥i mile radius of proposed action? 8 Is the proposed action compatible with adjoining/surrounding land uses within a ~A mile? J~Yes ~No 9 If the proposed action is the subdivision of land. how many lots are proposed? ~ /~' a. What is the minimum lot size proposed? 10 Wil proposed action reqmre an'~ authorization(s) for the formation of sewer or water districts? F-lYes ~No 11 Wil the proposed action create a demand for any community provided servmes (recreation, education police, fb'~ protectieq)? ~Yes ~No a f yes, is existing capacity sufficient to handle projected demand? ~Yes ~iNo 12 Will the proposed action result in the generation of traffic significantly above present levels? I-IYes ~No a. rf yes, is the existing road network adequate to handle the additional traffic? I-lYes I~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them E. Verification ': I certify that the information provided above is true to the best of my knowledge. AppJicantjSpol~s'~r Naro~ ,,,~ ,,J~ ~' c~/~' Date I/// If the action is in t~e Coastal A~ea. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 FBANK ALI 500 East Road Cutehogue, NY 11935 March 15, 1994 Ms. Maril.vn E. Peter son/. SUNY Campus Bldg. 40 Room 219 Stony Brook, NY 11790-2356 Re: Applicant Sara.h Gicale Application 1D-1-4738-00788/00003-0 #7857-ITM10 Dear Ms. Peterson: Confirming my conversation of today March 15, 1994 w~th your secretary "Carol", please be advised 'tl~kt as adjacent property owners, we would be adversely affected by the proposed "groin". Enclosed are copies of prior correspondence I scm to the U.S. Army Corps of Engineers, Department of Public Works and John Holzapfel and Martin Garrell Trustees of the Town of Southold addressing the erosion problem that has eroded the beachfrom and bulkheads along the shoreline. Incidentally there is not "an existing non functional groin" as the notice indicates. What exists are remains of a wooden pier used to anchor boats. Since a negative declaration is already on ~e, we are hopeful that you will also negate any proposed approval. Very truly yours, Frank Ali FA/nk Enc. P.S. Please note that Mud Creek is presently being dredged and the surplus material is being distributed along the~i~mr~eline as in the past, and hopefully this will materially abate the situation for all concerned. FRANK ALI $00 EAST ROAD CUTCHOGUE, NY 11935 December 8, 1993 Mr. Joseph J. Seebode, Chief, Regulatory Branch U.S. Army Cor.ps of Engineers New York District Jacob J. Javits Federal Building New York, NY 10278-0090 Att: Regulatory Branch Re: Public Notice # 93-13920-L2 - Expiration Date - 12/29/93 Applicant: Sarah Gicale Dear Mr. Seebode: We are opposed to the applicants reques! to construct a groin as the structure would exacerbate what is already a very serious problem. The applicant indicates that they propose to reconstruct an existing groin and that the "Existing Stone has sunk to a depth not readily attainable by exeavation". Based on photographs we have on file taken over many years, the property never had an existing groin. What did exist was a pier used to anchor boats. We can appreciate that the Gieales are anxious to preserve their property, but they should not do so to the detriment of their neighbors. To illustrate the problem we are facing, [ enclose a copy of a letter addressed to Mr. James Hagerty concerning an illegal jetty erected by one of the property owners Donald Kronenberg which has materially contributed to the beach erosion. We believe that if Mr. Kronenberg removes his illegal jetty and we receive the surplus material from Mud Creek as was done in the past, the Gicales would be spared the expense of a groin and the erosion problem would be resolved to everyone's satisfaction. Thank you for whatever assistance you can render on our behalf. Sincerely yours, l~cank Ali FA]nk FRANK ALI 500 East Road Cutchogue, NY 11935 January 20, 1994 John Holzapfel & Martin Garrell - Trustees Town of Southold - Suffolk County Main Road Southold, NY 11871 RE: District 1,00 Sec. Owners - ] Gentlemen: You will recall that several weeks ago you and Robert Keith ~v.is!te.d our property and spok, e to my wife concerning an application filed by our adjoining neighbor :Sarah GUamE0t to'have a "groin" erected on her property. Attached are copies of a letter I have sent to Mr. Seabode of the U.S. Army Corps. of Engineers and Mr. Hagerty of the New York District Corps. of Engineers, whose names were furnished to us by Robert Keith, concerning this matter. We ~vere immediately contacted by peter Ragone of the Department of Public Works who indicated that Mud Creek was scheduled for dredging as soon as weather permited, and he assured us that he would do his utmost to place some of the surplus material on our beach front. I am pleased that last ~veek they started dredging Mud Creek and pipes have been placed along the shoreline, but have not as yet reached our property. I read in the January 13th issue of The Suffolk Times - page 3 that the council members have agreed that Town Trustees should have the "ultimate authority in designating which creeks are to be dredged and where the resulting~poils are placed" In view of this we would be most grateful if you can intervene on our behalf to make certain that we receive some of the surplus material as our beachfront is practically gone, and we are fearful that we will lose our bulkhead and steps to the beach unless the erosion problem is abated. We thank you for whatever input and assistance you can render. Sincerely yours, Ene. F~nk EN,CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 FAX NO. ~NMENTAL SERVICES 516-283-6360 516-283-6136 June 28, 1994 Mrs. ~ariiyn Peterson New York State Department of Environmental Conservation Division of Regulatory Affairs SUNY, Building 40 Stony Brook, New York 11790-2356 RE: SARAH GICALE ~1-4738-00788/00003-0 Dear Mrs. Peterson: Please withdraw the above-referenced application without prejudice. By copy of this letter, I am requesting that other regulatory agencies do the same. Very truly yours, Roy L. Hale President RLH:rm cc: COE/Sophie Ettinger #93-13920-L2 DOS/Kevin Vienneau - ~F-93-760 Southold Town Trustees EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 April 14~ 1994 Ms. Sophie Ettinger Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building New York, New York 10278-0090 RE: SARAH GICALE - ~93-13920-L2 Dear Ms. Ettinger: This letter is in response to yours of March 22, 1994, which enclosed a January 20, 1994, letter from the U. So Fish and Wildlife Service and a February 1, 1994, letter from the National Marine Fisheries Service. The retaining wall on the property was replaced in 1993. At that time, the beach was significantly wider. Conse- quently, the length of the sheathing was designed with that current beach profile. Subsequent to the installa- tion, the beach has receded, we suspect due to the in- stallation of the stone groin immediately west of the subject property. Our proposal to rebuild the existing groin constitutes an attempt to retain the beach in order that the retaining wall not be undermined and the house, which is located some 15 yards landward, become threatened. It seems to have been overlooked that the proposal is to reconstruct an existing stone groin and not to construct a completely new structure. The pre-filling was proposed in anticipation of concerns regarding downdrift scouring and has been successfully employed in many situations in the past. Recently, the Suffolk County Department of Public Works has placed Ms. Sophie Ettinger - 2 - April 14, 1994 spoil on the shoreline to the east of the subject property for dredged spoil placement from the operation at East Creek. This enlarged the shorefront, but the County's equipment was inadequate to reach the Gicale property although it was originally intended for spoil placement as were the others to the east. The result is that property to the east is wider because of t~e.dredged spoil p!~cem~nt while property to the west is wider due to the gro~n field that exists there. Only the Gicale property and asmall extent of the parcel to the east is extremely narrow. We find it ironic that objections to the small amount of pre-filling ha~e been raised while no apparent objec- tions were raised to a much larger project undertaken by the County. The beach in question is 100% sand containing no vege- tated wetlands. It is far too shallow to harbor the species listed in both letters, and neither recreational nor commercial shellfishing occurs upon or near it. The nearest activities are more than 150' offshore in the waters of the Peconic Bay. A visit to the area will reveal that many other groins of both stone and timber construction tothe westward. Un- fortunately, the Gicale location immediately east oft his field leaves her property completelyvulnerable. Had she more assiduously maintained the three groins present on the properuy, this situation would not have arisen. How- ever, we do not feel that she should be prevented from maintaining her property in the form it previously took. Very truly yours, RLH:KD Roy L. Haje President oc: NYliC, Marilyn Peterson - ~1-4738-00788/00003-0 ~T~wn of Southold Board of Trustees - Sarah Gicale 14-12-7 617.21 State Envim~mental Quality Re~le~ NEGATIVE DECLARATIOI~ Notice of ~te~ination of Non-Signi' MAR d 0 I99 OF SEGR Project Number 1-4738-00788/00003-0 Date 2/10/93 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. NY~C NYSDEC , as lead agency, has determined that the proposed action dsscrfbed below will not have a significant effect on the env?onmant~an_~ a Draft Env~ironmantal Impact Statement will not be prepared. Name of Gicale property SEQR Status= Type I [] Unlisted [] Conditioned Negative Declaration:. [] Yes [] No Dee~flptlo. of~ll:Reconstruction of a non-functional groin by adding 1-3 con scone. Placement of 75 cubic yards of clean fill Location: (Include street address and the name of the mun c palitylcounty. A location map of appropriate scale is also recommended. East Road Cntchogue, N,Y. 11935 SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.6(g) for requ remer~ts of th s determination; see 617.6(h) for Conditioned Negative Declaration) The impacns during construction will cause disturbance. Although the project may non conform to Tidal Wetlands Regulations, the scope of the projecn does non warrant the preparation of a'n Environmennal Impact Statement. Alternatives and mitigation measures may be further addressed to assure that the standards for permzt isssuance of 6 NYCRR Pt. 66~ will be satisfied. If Conditioned Negative Declaration, provide' on attachment the specific mitigation measures imposed. For Further Information: Contact.e o.: Telephone Number:. ~,/~f/~ _,~ ~ For T.,Rm I Actions and Conditioned Negative Declaraflons,,a Copy of this Notice Sent to: Commissioner, Department of Environmental Coneervation, 50 Wolf Road, ALbany, New York 12233-000~ Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the i3oiiticai subdivision in which the action will be principally located. Applicant (if any) Other involved agencies (;f any) Town o~ Southold 500 East Road Cutchogue, NY 11935 January20,1994 John Holzapfel & Martin Gaxrelt - Trustees Town of Southold - Suffolk County Main Road Southold, NY 11871 RE: District 100 - Sec. 110 - Block 7 - Lot 18-3 Owners - Frank & Gertrude Ali Gentlemen: You will recall that several weeks ago you and Robert Keith visited our property and spoke to my wife concerning an application flied by our adjoining neighbor Sarah Guaiacol to have a "groin" erected on her property. Attached are copies of a letter I have sent to Mr. Seabode of the U.S. Army Corps. of Engineers and Mr. Hagerty of the New York District Corps. of Engineers, whose names were furnished to us by Robert Keith, concerning this matter. We were immediately contacted by Peter Ragone of the Department of Public Works who indicated that Mud Creek was scheduled for dredging as soon as weather permited, and he assured us that he would do his utmost to place some of the surplus material on our beachfront. I am pleased that last week they stained dredging Mud Creek and pipes have been placed along the shoreline, but have not as yet reached our property. I read in the January 13th issue o~The Suffolk Times - page 3 that the council members have agreed that Town Trustees should have the "ultimate authority in designating which creeks are to be dredged and where the resulting spoils axe placed" In view of this we would be most grateful if you can intervene on our behalf to make certain that we receive some of the surplus material as our beachfront is practically gone, and we are fearful that we will lose our bulkhead and steps to the beach unless the erosion problem is abated. We thank you for whatever input and assistance yon can render. Sincerely yours, Frank Ali Enc. FA/nk Suffolk Environmental Consulting, Inc. Deerfield Green, Monta(xk Highway, P.O, BoX 958~ Water Mill, New York 11976-0958 1516) 726-19~9 Fax: (516] 726-4471 Bruoe Anderson, M,S., President Via Telecopier March 23, 1994 Mr. Albert Krupski, President Southold Board of Trustees Town Hall P. O. Box 1179 Southold, NY 11971 Wetlands Application - Gicale SCTM #1000-I 10-7-17 Dear Mr. Kmpski, I have completed my preliminary review of the above referenced application as requested. The follovang comments and analysis are arrived at in consideration of the project as it relates to the State Environmental Quality Review Act ("SEQRA"J and Chapter 97 of the Town Code ("Wetlands"). With respect to SEQRA, the file indicates that an application for wetlands permit was received by the Trustees on November 22, 1993. The Environmental ,~sessment Form ("EAF") accompanying the application reveals that an application for a Tidal Wetlands Permit was submitted to the NYSDEC in November of 1993 ~ NYSDEC coordinated this Type 1 Action with the Trustees, the notice of which was received by fhe Trustees on January 14, 1994. The Trustees also attempted to coordinate this action but did So onFebruary 16, 1994. By then. NYSDEC had apparently assumed Lead Agency. On Febm~ 23, '19.94, NYSDEC deemed the application complete and rendered a Negative Declaration. The significance ofth~ above events are such that the designation of Lead Agency Is final and no Environmental Impact Statement was required by the Lead Agency. Therefore, the Trustees can not require an Environmental Impact Statement for this~proposed action. Notwithstanding the above, the Trustees are still bound to evaluate the proposed project with respect to the requirements set forth in Chapter 97 of the Town Code. Among other standards, the Trustees may only adopt a resolution directing the issuance of a permit where it finds that the project will not substantially cause ddtraagefrom erosion, turbidity or siltation. In my view, any determination to issue or deny a permit at this juncture would be pre-mature as there are some important deficiencies in the application. The deficiencies are set forth below: (1) The application form should disclose the cubic yards to be filled as consistent with the sketch submitted with the application. (2) The following requ/rement set forth in 97-21(1)) of the Town Code has not been satisfied: A description of the area from which the removal or in which the deposit of material is proposed or in which structures are to be erected The description shall be by bearing and distance and shall be based on a local coordinate system. The starting point of the description shall be appropriately referenced to a permanent reference point or monument. The usual way to satisfy this requirement is by survey. (3) All wetland permit applications require a survey certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. No survey is provided With the application. Additionally, topographical information showing one foot contours is required (See 97-21(G) of the Town Code). (4) 97-21 (H) of the Town Code requires that a statement of the effect on wet]ands and tidal waters be submitted with the Application. I can find no such stammem. (5) 97-21 (J) of the Town Code requires documentary proof that all other necessary permits and approvals have been obtained. We know- that approvals from other agencies are still pending. However, the Applicant may request (in writing) a waiver of this provision and the Trustees are empowered to grant said waiver. (6) The Environmental Assessment Form ("EAF") is generally adequate. However, Item #A-3 (predominant soils) should be addressed in relation to the entire site_ not just the beach. Further, it is impossible to evaluate the slopes found on the s~te in the absence of the required topographical information Finally, it may be prudent to reveal the high tide, low tide and the existence of the existing groin as a means of determining whether the proposed project is a reconstruction of an existing groin or an expansion. The usual way of doin~ this is by survey. In smranary, while I believe that the Trustees can not require an Impact Statement for this project, the responsibility remains that the project be shown not to be in variance with the Standards set fomh in the Wetland Ordinance. In order to get at the latter, it is recommended that the application be amended in accordance with the above. Attached herewith is a resolution for the Board's consideration. Sincerely, Bruce A. Anderson WHEREAS, several deficiencies in the application of Sarah Gicale dated November 22. 1993 ("Application") have been identified and disclosed by way of correspondence from the Southold Board of Trustee's Consultant, Bruce A. Anderson of Strffolk Environmental Consulting, Inc dated March 18, 1994 ("Correspondence"); AND WHEREAS, the Southold Board of Trustees ("Trustees"l have considered the Correspondence-and agree with its contents; NOW BE IT RESOLVED, that the Application of Sarah Chcale to the Trustees is hereby rejected as incomplete based upon the deficiencies set forth in the Correspondence; AND BE IT FURTHER RESOLVED, that review of the Application as further amended will resume following satisfactory correction of the identified deficiencies. NOTICE OF COMPLETE APPLICATION SARAH GiCALE 58 GROSVENOR RD. BUFFALO, NY 14223 APPLICATION ID 1~4738-00788/00003-0 ARTICLE 25: TIDAL WETLANDS ARTICLE 15. TITLE 5: EXCAVATtON AND FILL IN NAVIGABLE WATERS SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATION ~ROJECT {S LO(SATED IN SOUTROLD iN SUFFOLK COUNT, PROJECT DESCRIPTiON Applicant proposes re place 1-3 ton capstone on an existing non lunch onal 33 foot gro~e w~th a proposed elevabon of 7'3". Placement af 75 cubic yards of clean fill to be ~ooated on southwesl side of reconstructed grote. Project is located on East Road, Cutchogue SCTM#.t000-1 t0-7-t 7 SrAT£ ENVIReNMENrA~ _J^LFFY REVIEVV SEQR/ DE~ER~'~INAT DN SEQR - 2 project is a Type I action and will nor nave a stgniflcant effect on the environmen[. A coord~na[ed rewew with other agencies was performed and a Negative Declarabon is on file. SEQR L~qD AGEN( N¥S DeparLment of Environmental Conservation SHPA - 0 The propose(] activi[y ~s not subiect [o review m accordance with SHPA. The permit type exempt or the activity ;s being reviewed in accordance w~th federal histo/d~ pr,.~_esezvation regulabons. Comments on this p~o ec~ must be I MARILYN E PETERSON submi~ed in writing to the Contact ' SUNY CAMPUS BLDG 40, ROOM 219 Person no later t~u 0317.94 STONY BROOK NY 11790-2356 516 4~-0365 THIS IS NOT A PERMll EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 February 3, 1994 Town of Southold Board of Trustees 53095 Main Road Southold, New York 11971 RE: SARAH GICALE - SCTM No. 1000-110-7-17 Dear Trustees: I am in receipt of your January 21, 1994, letter and would like to clarify the intent of our application. You state that the Board has "... never approved an application for a new groin or expandinq an existing functional groin."' The groin that we seek to reconstruct has been in place for many years. The severe storms of 1992 and 1993 damaged the structure and lowered its pro- file so that its function has been diminished. This diminution has exacerbated loss of the beach, which in turn is threatening the integrity of a recently recon- structed bulkhead. If the elevation of the beach con- tinues to drop, the bulkhead will be undermined, back- fill lost, and the house behind threatened. Your Board should have no fear of setting a precedent as it has approved other similar projects. This structure is located along a section of shoreline that is fully bulkheaded and exhibits many other groins made both of stone and timber. We wish to proceed with this application and are confi- dent that we can demonstrate its necessity and compati- bility. Town of Southold Board of Trustees - 2 - February 3, 1994 Please place on your agenda for the next available hear- ing. Very/~tru ly yours, Roy I3. Haje ~ President RLH:KD cc: Sarah Gicale James H. Rambo, Inc. EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 January 12, 1994 Mr. Kevin D. Vienneau New York State Department of State Albany, NY 12231-0001 RE: SARAH GICALE - ~F-93-760 Dear Mr. Vienneau: As per your letter of November 24, i993, please consider the following responses to your questions and requests with respect to the 33 foot long capstone groin proposed by the applicant, Mrs. Sarah Gicale. 1) The subject site lies within an area that contains many other groins, some constructed of wood, others of stone. Most of these are functional, while others are in disrepair. All of them, however, create obstacles to pedestrian passage along the foreshore. On the subject parcel, high water now strikes the bulkhead as a result of the diminished function of the existing groin. If, however, this structure were to be rebuilt, we expec~ that the beach area would also build up resulting in a greater passable area. Moreover, replacement of this existing structure is unlikely to affect access along the shoreline or to existing shellfish resources offshore. As a shoal exists up to 100 yards offshore of the structure, the water is too shallow for significant sc~llop populations and hard clams are taken primarily by upland owners on a recreational basis. Any commercial clamming done by boat would be unaffected by the project. Additionally, this structure is ~a replacement of an existing structure and is not "new,'. The existing structure has existed with other groins at this site for approximately 25 years. Therefore, if any new cumulative effect could be expected, it would be the replenishment of the project site beachfront. 2) The area to be filled either by capstone or pre- filling is approximately 817 square feet. 3) Please note that in a letter to you dated January 4, 1994, we revised our plans to show predominant littoral drift from west to east, contrary to the original sketch. In order to minimize downdrift scour~ we have proposed pre-filling updrift west of the groin, the remedy often suggssted by your agency, as well as others. Using this method, sand is expected to flow around the structure causing little, if any, scour downdrift. That the downdrift beach east of the proposed groin was not scoured is attested to by the fact that the str~cture previously existed with a downdrift beach. Thus, there would be no s~gnificant effects upon public access~ wetland or habitat values. Furthermore, since we do not expect any major reconfiguration of the shoreline, we see any potential downdrift transition from coastal shoals to littoral zone as minimal. Please note also that the area to the east is bulkheaded with the structure that extends farther seaward than that present on the subject property. 4) I have enclosed a photograph of the old groin. It retains some function as evidenced by the configuration of the shorleine on either side. 5) Contrary to what we originally indicated, access to the site will be via Pequash Avenue and not Hamilton Avenue. Therefore, the transit distance for the equipment will be approximately 150 feet. 6) The bulkhead return to the east has been in existence for about 25 years. It serves a minimal function of a groin as it extends farther seaward than the bulkhead on the subject property. However, as it is not long enough to effectively hold the project site beach, it is insufficient for our purposes.. Moreover, the project site beach has not reached a state of equilibrium with respect to sand migration. The existing groin to the west is causing severe scouring to the project site beach which can 6nly be alleviated by insulation of the rebuilt groin. Finally, please find enclosed a written assessment pursuant to the FCAF "Additional Steps #2". Very truly yours, REH Enclosures Robert E. Herrmann Environmental Analyst Town of $outhold Trustees/ NYSDEC: Marilyn Petersen,#l-4738-00788/00003-0 COE/New York District: Sophie Ettinger, #93-13920-L2 New York'State Department of Environmental Conservation / Dear Thomas C. Jodlng COmml$iloner RE: LEAD AGENCY OOORDINAT,ION REQUEST The purpose of this request is to determine under Article 8.(State Enviror- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: Your agency's interest in acting as lead agency; Your agency's jurisdiction in the action described below; and Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part i of the Environmental Assessment Form to assist you in responding. Project Name: ~--£0_ ~/~ ~/~ Project Location: DEC Project Number: DEC Permits: SEQR Classification: [~Type I DEC Contact Person: DEC Position: ~ 3EC nas no objection to your agency or another agency assuming lead agency ~ status for this action, but reserves the right to comment on this action if a positive determination of significance is made. DEC has no objection :o your agency or another agency assuming leaa agency status for this action, but we have the following concerns regarding this project (see "commerts" below). DEC wlshes_.t~o._assume leaa agency status for this action. ~ propo~d action ~as peen identified by DEC as occurring wholly or 5~tiail~ ~ithin or substantially contiguous to a critical environmental area (CEA) t~at was designated oy It is~he oo$i~ion of this Department that your agency, if it has a juris- ~'di~tia~'~er t-h'e'~ction, should assume the lead agency role based on the existence of the CEA arc the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) Comments (Optional): Response: Please respone to this recJest withim 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or anther agency ass~kming the role of lead agency, and have no comments to offer regar~X~ng the prop~>s/e~ action at this time. If neither your agency nor any other involved agen/?~ i?luding DEC, has indicated a wili- ingress to serve as lead aX~cy~ci{hin 30 days of this letter: [ ] We will petition ~h~e~Commissioner of DEC to designate a lead agency for this action_/ [ ] We will petition the Co~ssioner of DEC to designate your agency as lead, presuming you nave j~risdiction. Please feel free to con:ac: this ~ffice for further information or discussion. Sincerely, Enclosures cc: (see distribution list) PROJECT DESCRIPTION Construct 1 - 3 ton capstone groin over existing deteriorating 33±' groin for purpose of erosion control; maximum proposed elevation of groin = 7'3"±. Two yard tracked payloader to be used for construction; will access construction site from end of Hamilton Avenue. ±75 c.y. of bank run will be used to prefill groin. ~NC. [32,~ NOt'TH SEA ~OUT~A~PTON N, PART 1--PROJ ECT INFORMATION Prepared by Project Sponsor NOTICE Th~scdocum~ent ~s Designed to assist in determining whether the action proposed ma'- ~ave a significant effect on the enwronmem Please complete the entire form. Parts A through E. Answers to these questions will be considered as Dart ot the aouJicauon tot aDerova[ and may be subject to further verification and nub]lc review. Provide anv additional intormabon you believe wdl be needed to complete Parts 2 and 3. It is expected that completion of the full EAr will be dependent on information currently available and ~ ill not im Dive new studies research or invesugation. If information requiring such additional work is unavailable, so indicate and specify each nstance. NAME OF ACTION LOCATION OF ACTION (Inctude Street Address. Municipality and County East Road, Cntchoque, Town of Southold, Suffolk NAME OF APPLICANT/SPONSOR En-Consul~ants, Inc. Counn¥ BUS]NESSTELEPHONE I (516. 283-6360 ADDRESS 1329 North Sea Road CITY/PO STATE ZiP CODE Southampton NY 11968 NAME OF OWNER f differenO Sarah Gicale ADDRESS 22 Dellcastle Court BUSIN ESS TELEPHONE (301) 208-1039 CITY/PO STATE ZIP CODE Gaithersburg I MD 20879 DESCRIPTION OF ACTION Construct a t 3 ~on capstone groin over existing deteriorating 33±' groin for purpose of erosion control; maximum proposed elevation of groin = 7'3"z. Two yard tracked payloader ~o be used for construction; will access construction szne from end of HamilEon Avenue Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall pro~ect, both developed and undeveloped areas. 1. Present ]and use: E~Urban I~lndustrial []Forest []Agriculture 2. Total acreage of orolect area: .88 APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested [~Commercial FqOther ~]Residentia[ {suburban [] Rural (non-farm) acres. Agricultural 'Includes orchards, cropland, pasture, etc.) Wetland :reshwater or tidal as per Articles 24. 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) ('~/,~ ') Roads. buildings and other paved surfacqs Indicate tYPe) ,L.ct k~ 5Ce~'( Other 3 What s oredominant soil type(s) on project site? ~/~ PRESENTLY AFTER COMPLETION acres acres acres -~ acres acres acres acres ~0(~ acres acres , 0 ] acres a. Soil drainage: ~LVell drained /u-'O % of site ~Mod~rate[v wei[ drained % of site ~Poorw drained % of site b. If any agricultural land ~s involved/how many acres of soil are classified within so/[ grouo 1 through 4 of the NYS Land Classification System? ~ /¢'~-- acres. (See ~ NYCRR 370). 4. Are there bedrock outcroppings on project site? []Yes [~No a. What is depth to bedrock? '-/Ob ~ (in feet) 2 Approximate percentage of oro~ed project site with slopes: b~0-10% '~'~'~:/3 % ~10-15% /O % ~15% or greater /'~ % s~te. or district listed on the State or the National 6 s Dr~lect .d'~stanuat*, corn guous ro or contain a building Registers ~r H~terlc Places~ ~Yes ENo 7 ts project *uu*~antiaHv contiguous [o a sJ~e listed on the Register of National Natural Landmarks? ~Yes ~No 8. What ~s the de[}tn or the ~ater table? ~ lin feet) ~ 9 is s~te ~ocama over a primary, principal, or sole source aquifer? ~Yes ~No 10. Do h~nting, fishing or ~helt fishing opportunities presently exist in the prolect area? ~Yes ~No 11 Does project s~te contain an,. species of plant or animal tfe that is identified as threatened or endangered? r~Yes ~No According to / Identify each st>ecies 12. Are there any unique or unusual [and forms on the project site? (i.e., cliffs dunes, other geologica[ formations) ~Yes !~No Describe 13. Is the project site presently useo by the community or neighborhood as an open space or recreation area? ~Yes D~No If yes. ex. lain 14. Does the c'esent s~re include scemc views known to be important to the community? ~Yes ~No 15. Streams within or contiguous ro pro ect area: a Name of Stream and name of River ro which t is tributar'~ 16. Lakes oonds, wetlanc ar.e4s within Dr contiguous to prgject area: a. Name 'l~''=l,~o;a~ ~ k/~o~, b. Size [in acres) 17. ls the site served bv existing public utilities? ~Yes ~No a) If Yes. does sufficient capacity exist to allow connection? ~Yes ~No b) f Yes. will imorovemenrs oe necessary ro allow connection? ~2Yes F~No '18. Is the site located m an agricultural district certified pursuam to Agriculture and Markets Law,, Article 25-AA Section 303 and 304? ~Yes ~No / 19. [sthesite located in or suosrantialh contiguous toa Critical Environmental Area designated pulsuanttoArtic[e8 of the ECL and 6 NYCRR 6177 SYes ~No 20. Has the site ever peen used for the disposal of solid or hazardous wastes? ~Yes ~No B. Project Description I Phs sical dimensions and scale of project (fill in dimensions as appropriate) a Total contiguous acreage ownea or controlled bv project sponsor ' °~ acres. b. Project acreage to be developed: ~o ~&.q~'f~ acres initially: ,~ <Af4.?~.~ acres ultir c Pro~ecr acreage ro remain undeveloped n ~ ¢~(~^'?"z acres. d. Length of prmect, in miles: ~/a. (If approoriate) e. If the oroject is an expansion, indicate percent of exoanslon proposeo ~/~ %; f. Number of off-street parking spaces existing '7 g. ,Maximum vehicular trips generated per hour ~'- <~'~) (upon completion of oroject)? h f -esidentiaI: Number and type of housing units: One Familv Two Family Multiple Famil / Initially Ultimatelv / i Dimens,ons (in feet} of ,argesr proposed structure Linear feet of frontage along a oublicthoroughfare orolect will occupy is? 4/,~, ft ~atelv. Cond ninmm I[ength. 2. How muck natural material {Le., rock earth etc.) will be removed from the site? (~ 3 Will dLsturbeq~ areas be reclaimed? ~Yes []No ~N/A a. if yes. for what nterJed purpose is the site being reclaimed? n W~t]' [opso~[ be stockoi[ed for reclamation? []Yes []No c. W~ upper subsoil ne stockpiled for reclamation? []Yes []No 4. How many acres oI vegetation (trees. shrubs, ground covers) will be removed from site? ~ acres. 5. Will any m~cure forest [over 100 veers old) or other locally-important vegetation be removed by this pro/ect? F~Yes ~No 6 If single phase project: Anticipated period of construction 7 f multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencemem phase 1 c. A~proximate completion date of fna phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? []Yes ~No 9. Number of jobs generated: during construction '-~ 10. Number of joos eliminated bv this project 11. Will project require relocation of an'~ projects or facilities? tons cubic varus months. [including demol]tion). mor~th year, [including demolition). month Fear. []Yes I~No : after project is complete [Yes t~]No If yes. explain 12. Is surface l/auld waste disposal involved? -~Yes E~rNo a. f yes. indicate ~ype of waste (sewage. industrial, etc.) and amount b Name of water bodv into which effluent will be discharged 13. Is subsurface liquid waste disposal nvolved? [Yes ~}No Type 14 Will surface area of an existing water body increase or decrease by proposal? Explain ~Yes ~No 15 s project or an~ portion of project located in a 100 year flood plain? [~Yes 16. Will the project generate solid waste? ~Yes ~No a If ves. what is the amount per month . tons b~ If ves. will an existing solid waste fac/i/t,, be used? ~!Yes [~No c. [f ves. give name : location d. Wi][ any wastes not go into a sewage disposal system or into a sanitary landfill? e. [f Yes. explain iNn ~Yes iNn 17. Will the project involve the disoosa[ of solid waste? a. If yes, what is the antic]aated rate of disposal? b if yes. what is the anticipated site life? 18 Will proiect use herbicides or pesticides? [~Yes -~=~N o ~ons, month. 19 Will oroiect routinelv produce adors [more than one hour per day)? ~Yes 20. Will proiect ~roduce operating noise exceeding the local ambient noise levels? 21. Wi][ ~ro]ect result m an increase m energy use? []Yes [~,No [f yes Md]cate [ypefsl ~No C]Yes .-~No 22 If wa:er supply is from wells indicate Durrplng ca;acity ~ ! ~ 23 Tota[ antic[oaten water usage per day ,~, i 'q gallons/day. 24 Does oroiect involve Local State or Federal funding? []Yes ]f Yes. exn~am gallons/minute ~No 25. Approvals Required: Submittal Type Date City Town Vi;flag¢ B~)ard ~Yes ~No City Town Vdlage Planning Board ~Yes ~No City. Town Zoning Board ~Yes City County Health Department EYes [No Other Local Age']cles ~Yes FqNo Other Regional Agencies EYes ~No State Agencies ~Yes Federal Agencies []Yes Fq, No C. Zoning and Planning Information 1. Does proposed action involve a planning or If Yes, indicate decision required: zoning decision? ~]~Yes rqNo []zoning amendment ~zoning variance [special use permit []subdivision E~site plan F~new~revislon of master plat ~resource management plan ~other ~-z-~ t ~e~ 2. What is the zoning classific~tion[s)of the site? . ~ - ~ 3 What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? ~/~ 5. What is the maximum potential development of the sire if developed as permitted bv the ~roposed zoning? 6. Is the proposed action consistent with the recommendec uses in adopted local land use plans? ~Yes 7 What are the predominant land use(s) and zoning classifications within a ~¼ mile radius of proposed action? (,) 8. rs the proposed action compatible with adjoining/surrounding land uses within a % mile? 9 f the proposea action is the subdivision of land. ~ow many lots are proposed? ~4 /~ a. What is the minimum lot size proposed? 10. Will proposed action require an~ authorization(s} for the formation of sewer or water districts? 11 ~No 12 [~Yes []No i~Yes ~No Will the proposed action create a demand for anv community provided services (recreation. education, police fi~'~ orotectic~? ~Yes ~No a. [f ves is existing capacity sufficient to handle projec:eo demand? ~Yes ~No Will the proposed action result in the generation of traffic significantlv above gresent levels? E~Yes ~No a. If yes is the existing road network adequate to handle the additional traffic? ~Yes ~No D. Informational Details Attach ]nv additional information as mas be needed to clarify your project. If there are or may be anv adverse impacts associated with '/our proposal, please discuss SUCh ~mDacts and the measures which you propose to mitigate or avoid tnem. E. Verification certify, that the informatior provided above ~s true to the best of mv knowledge. Applicant/Spo~cs~r Narr3~ /,I~'~.¢,./~ ~'~¢_~,/'~ ~- ~' Date It~~ Signature I~tt~ ~/ -'~d/'~ Title ~)~' 5, ,~-~,~ If the action is in t e Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 January 4, 1994 Mr. Kevin Vienneau New York State Department of State Division of Coastal Resources 162 Washington Avenue Albany, New York 12231-0001 RE: SARAH GiCALE ~F-93-760 Dear Mr. Vienneau: Please be advised that the project plans for the above- referenced project have been revised~ Please note that we originally showed the predominant littoral drift flowing in a westerly direction. As this is incorrect, we have enclosed a copy of the revised plan showing the predominant littoral drift flowing in an easterly direction. Very truly yours, Roy L. Haje President RLH:KD Enclosures cc: ~own of Southold Trustees' COE - Sophie Ettinger TOV ' I OF SOUTHOLC \ su6Fo~ Co., ?v.~. US Army Corps of Engineers ~ew York District Jacob K. dav~ts Federat Buitding gew York, N.Y. 1027~-0090 ATTI4: Regulatory Branch P~BLIC NOTICE In r~L~n~ ~r to: Public Notice Number: 93-13920-L2 Issue Date: November 29, 1993 Expiration Date: December 29, 1993 To Whom It May Concern: The New York 404 APPLICANT: ACTIVITY: WATERWAY: District, Corps of 33 U.S.C? 1344) (33 U.S.C. 4 Court Gaithe~sburg, MD 20879 Construct groin, place fill Section 6f the Cutchogue Harbor, Great Peconic Bay LOCATION: cutch0gue, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity The decision whether to issue a permit will be based on an evaluation of thep~able impact, including cumulative impacts, o~ the proposed a~ti¥it~ on the public interest. That~Decision w1%1. reflect the national concern for both protection and utilization of important resources. The benefitswhic~ reasonably may.~be ~xpec%ed i'to iaccrue from the proposal must be balanced against its reasonably foreseeable, detriments: Ali ~actor~ which may be ~elevant tO t~e proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife valUes, flood hazards, floodplain values~ land use, navigation, shorgline erosion and accretion, recreation, water supply and Conservation, water q~allty, energy n~ed~, safety, food and fi~er prodiUctign,'mineral needs, consideration~ of property ownership ~n~ in g6neral, the needs and welfare 0f~the people. ~ The Corps of Engineers is soliciting comments from the public; Federal, state, and local agenoies and officials;:Indian Tribes; ~nd other interested parties in order to consider and evaluate the · mpacts of th~s pr6p~Sed activity. Any commentsi'received will be CENAN-OP-RE PUBLIC NOTICE NO. 93-13920-L2 considered by the Corpsof Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITIN~ND~TLED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE~ otherwise, it will be presumed that there are no objections to the activity. Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any Federally endangered or threatened species or their critical habitat. However, pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. Based upon a review of the properties listed or eligible for listing in the latest available version of the National Register of Historic Places, there appears to be no sites included in the Register within the permit area. Presently unknown archaeological, scientific, pre-historic or historical data may be lost by work accomplished under the required permit. Review of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. 2 CENAN-OP-RE PUBLIC NOTICE NO. 93-13920-L2 Pursuant to Section 307(c) of the Coastal ZoneManagement Act of 1972 as amended [16 U~S.C. 1456(c)], for activities under consideration that are loCated~within the coastal zone of a state whic~ has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and will be conducted in a mamnerthat is consistent with, coastal Bythis publ we . con.c_~ren~e with, .lcant's certification. No For the appl 'information is available from f Coasta!ZoneManagement Program, 162 Washington AV~ ~ New York. 12231, TeI~ph0ne (518) 474-3642. Comments regarding the applicant,s certification should be so addressed. In' addition to any required water quality certificate, the applicant has obtained or reqUested' the following governmental authorization for the activity under consideration: N&w ~0rk~S~at&'Dep~rtment of Environmental Conservation Permit Town of Southold Permit It is requestedthat you communicate the foregoing information concerning the activity to any persons known by you to be interested and Who did not receive a copy of this notice. If questions should arise concerning this matter, you may contact Sophie Ettinger, of my staff, at (212) 264-6731. FOR THE DISTRICT ENGINEER: ~Oseph J. Seebode ~hief, Regulatory Branch CENAN-OP-RE PUBLIC NOTICE NO. 93-13920-L2 WORK DESCRIPTION The applicant, Sarah Gicale, has requested Department of the Army authorization to construct a groin and place fill in Cutchogue Harbor at Cutchoque, Town of Southold, Suffolk County, New York. The work would involve construction of approximately 33 linear feet of 1-3 ton capstone groin placed over an existing deteriorated non- functional groin to a maximum elevation of approximately 7.25 feet. Approximately 75 cubic yards of sand would be used to prefill the beach area downdrift of the proposed groin. The stated purpose of the proposed work is to stabilize the existing shoreline. Moved by Bruce Loucka, seconded by Robert Kelth. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL of the Wetland Application of ELI GREEN 78-7-7 to raise summer residence from present elevation of 6.7' to 12.0'. No disturbance of existing grounds. Main Bayview Road. Southold Voteof Council: Ayes: All present ~lotion carried. Moved by Bruce Loucka. seconded by Robert Keith. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL of the Wetland Appllca~lon of JOHN CROKOS 14-2-3.11 to construct wood stairway down to beach from property. 2110 Grandview Drive. Orient Vote of Council: Ayes: All present Motion carried. Moved by Bruce Loucka. seconded by Robert Kelth. it was RESOLVED to recommend to the $outhold Town Trustee DISAppROvAI~ 0f. the Wetland Application of SARA GICALE 110-7-17 to construct 1-3 ton capstone groin over existing deteriorating 33+/-' groin for purpose of erosion control; maximum proposed elevation of groin = 7'3"+/-. Two yard tracked payloader to be used for construction; will access construction site from end of Hamilton Avenue. because it is an inappropriate 1. It is too close to the groin to the west. therefore, it would not be effective. 2. Jt may incre, ase the erosion to the east. placing the the bu:lkhead m peril. 3. :: What~ is presently there is not functioning, therefore, it would not hZ' a replacement. the removal of the groin to the west or put East Road. Cutchogue. Vote of Council: Ayes: Motion carried. All present Moved by Bruce Loucka. seconded by Robert-Keith it was RESOLVED to recommend to the Southold Town Trustees APPROVAL of the Wetland Application of LORETTA HINDERLING 76-2-2.5 to extend existing deck from west side to north side of house. 1325 Smith Drive North. Southold Vote of Council: Ayes: All present Motion carried. Moved by Bruce Loucka, seconded by Stephen Angetl. it was RESOLVED to recommend to the Southold Town Trustees APPROVAL of the Wetland Application of JAMES KING 106-[~-6 to construct 8' x 500 East Road Cutchogue, NY 11935 June 27, 199~ Mr. Albert J. ~upski Jr. President Board Of To~rn Trustees Jill Doherty, Clerk Town of Southold Main Road~ Southold~ NY 11971 Dear M~. Krupski: P~E: Sara Gicale SCTM#110-7-17 Enclosed are duplieate copies of correspondence previously submitted to the Tovm Trustees~ indicating that we are opposed to the applicant's request to construct a groin adjacent to our Droperty. It is ou~ understanding that a groin can only be built over an existing one. as the enclosed photos taken Jan. l~ 1993, will substantiate, this is not an existing groin where the Gicale's propose to build a groin. What you see are the remains of pilings (since sawed off) v~ich supported a dock. The re~ins of 2 existing groins are west of the dock pilLugs. The groin, a 7'3,, structure, will cause fUrther erosion problems, undermining the bulkhead of the property o~ers east of the Gicale~s~ and render the beach- front vlrtuallyimpassable. The March !0, 199& issue of ~he Suffolk Times - Legal Notices - indi-cated that ,~A coordinated review with other agencies was oerformed and a Ne~ative D~Mtaratinn is on file. In view of the foregoings we appeal to the Board of Trustees vo act in a prudent marker to safeguard our interests by rejecting the proposed application. Respectfully yo~ur s ~ Frank & Gertrude Ali 500 East Road Cutchogue ~ 11935 Real Estate Map District 1000 Sec ll~ - Block 7 Lot FRANK ALI 500 EAST ROAD CUTCHOGUE. NY 11935 December 8, 1993 Mr. James W. Hagerty, Chief F~ern Permits Section New York District Corps of Engineers Jacob K. Javits Federal Bldg. New York, NY 10278-0090 Re:¸ Owners: Frank & Gertrude Ali 500 East Road Cutchogue, NY 11935 Real Estate Tax map District 1000-Section 110 Block 7 Lot 18-3 Dear Mr. Hagerty: The Southold Town Board of Trustees have suggested I contact you concerning an environmental and erosion problem that has virtually rendered our beachfront property, as well as our neighbors, unusable and is also under undermining the bulkheads along the shoreline. The predominant cause of this problem is an ~egal jetty comprised of sizeable boulders erected by Donald Kronenberg residing off Pequash Avenue on the East Road (telephone 734-5577). We understand this matter is within your jurisdiction since we believe Mr. Kronenberg did not apply for a legal permit. Several years ago we complained to the Dept. of Environmental Conservation and Mr. Obenauer requested Mr. Kxonenberg to abate the problem by removing boulders. Rather than comply, Mr. Kronenberg continues to extend this obstruction further into the bay thereby widening his bay frontage. Aside from the erosion and environmental problem, the submerged boulders present a ba~nrd to boaters and vacationers who water ski in the area. The Town Hall has an aerial photograph of the area taken many years ago which will attest to the fact that the Kronenberg jetty was not then in existence. As the attached photos substantiate, if this unfortunate situation is not abated, all of the property owners having beach front property will sustain a diminuation of property values and incur considerable expense to repair or replace bulkheads. We understand that the town now has sufficient funds to reinstate dredging of Mud Creek (Entrance to Broadwater Cove) on the lza~t End. In the past the surplus material was deposited along the shoreline protecting the bulkheads. Perhaps ~you can arrange to reinstate this procedure on our behalf. We have an "Access & Spoil Area Permit" indenture on file with the Department of Public Works which is in effect until August 1995. This is obviously a matter of great concern to the affected property owners. Whatever you can do to solve this problem will be greatly appreciated and remembered. Sincerely yours, Frank Ali FA/nk