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HomeMy WebLinkAboutHESS, BENNETT App No Permit TRUSTEES ' MM. III President Bredemeyer, Alber~'J. Krapsld, Jr., Vice President Henry P. Sm/th John B. Tuthill V~ll~am G. Albertsan Telephone (516) 765-1892 Fax (516) 765-1823 SUPERVISOR - SCOTT L. HARRiSi~ Town Hall 53095 Maia Road P.O. Box 1179 Southold; BOARD OF TOWN TRUSTEES TOWN OF SOtfrHOLD :ember 23, 1992 ~n-Consultants, In~. 1329 North Sea Roae South~p~on~ NY 11968 Dear Mr. Haje: : Dr. Benne~ J. Hess SCTM ~12~2-4 foliowin~ action was taken b~.the Board of Town Trustees meeting held on December !8~ i992 regardin~ ~, En-Consuitants on behalf of Dro Bennet J. Hess applied ~o the Southold Town Trustees for a permit, under the p~ovi~ion~ ~iof the Wetland Ordinance of the Town of Southold, appl~cat~on ~dated November 9~ 1992 and, WHF~REAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and reco~mendations~ and, WHF~REAS, a public hearing was held by the Town Trustees with respect to said application on December 18, 1992 at which time all interested persons were 9iven an opportunity to be heard, and~ W~EREAS, the Board has considered all the testimony and documentation submitted concerning this application, and ~HEP~EAS, the Board has determined that the project as proposed will not a~fect the health, safety and general welfare of the people of the town~ NOW~ THEREFORE BE IT RESOL°VED that the Board of Trustees approves the application of Eh-Consultants on behalf of Dr. Bennet J. Hess to replace (within 18") 184 i.fo of existing timber bulkhead plus (2) 10' returns. Approx. 150 c.y~ of clean backfill will be trucked in from upland. An existing 4~ X 13' stairway will be removed and ~:repiaced. Located Peconic Bay Blvd. Laurel. This permit will expire two years from the date it is signed. Fees must he paid~ ~f appiica~lgcand permit issued wittzin six months of the date~f this notificat~on?~Two inspections are required and the TrUstees are to be notified upon completion of said project subject to revised drawing. Permit will be issued upon payment of the following fees for work to be done below-Mean High Water Mark: No fees Very truly yours, John M. Bredemeyer,v III. President, Board of Trust~es JMB:djh cc. Bldg. Dept. · · ' ' I F~GdEGT t*~. NUMI~ER Appen6i~A C - State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) PROJEOT NAME Dr. Be n J Hess by gn-gons_u..ltants l 3. PROJECT LOCATION: Municipality Southold county Suffolk SEQ SCTM~ 1000-128-02-04 PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: Modification/alteration See Attached. 7. AMOUNTOFLANOAFFEC'~ED: 41, 899 sq. ft. 8. ~ILL FROPOSED ACT]ON COMPLY WITH EXISTING ZONING OR OTHER F-XISTING LAND USE RESTRICTIONS? r~ YeS [] No If No. describe briefly WHAT IS PRESEHT LAt~D USE iN VICINITY OF PROJECT? [~[ Res,~ential [] !~ciustriai []Commercial [] Agriculture E] ParklFotestiOcen space []Other . "DOES ACTIOJ'I INVOLVE A PERMIT APPROVAL OR FUNDING, N~W OR ULTIMATELY FROM ANY OTHER GOVERNMENTALAGENCY (FEDERAL, STATE CR LOCAL)? [~ Yes [] No 1! ye~, lest agency(c) and permit/approvals DEC, DOS, COE ~11o DOES ANy ASPECT OF THE AGTIOt4 HAVE A CURRENTLY VALID PERMIT OR APPROVAL'~ [] Yes [~ HO If yes, list agency name and permit/approval ~2. AS A RESULT OF PROPOSED ACTION WiLL EXISTING pERMIT/APPROVAL REQUi~iE MODIFtCATION~ Ap,licanIIsPonso, name [~/r./Bennet~ J. Hess by En-C°nsultants ~ ' 11/4/92 __ Roy L. Ha~ ..,~ · I If the action is in tho Coa.,tal Area, and you are a state agency, complete Ihe I L ' Coastal Assessment FO,:,m before proceeding with this assessment 1 OVER 1 e ,WILL ACTION RECEIVE COOROIN~T~{~EVIb-'W AS PROVIOED FOR I~t, aJSTED ACTIONS IN~YC~R. PART 617.67 It NO, ~ r~egaUve ($eclatati~nn e. il THERE, OR IS T~'E~E LJ~EL.Y TO 13E."CONTROVERSY RELATED TO POTEN-TIAL ADVERSE ENV RONMENTAL ],'~ PACTS? [~ Yes [~ NO It Yes, explain brieily PART III~DETERMINATZON OF SIGNIFICANCE (To be completed by Agency) INSTRUCTtO~'~$: For each adverse eHect identified ataove, determine whether it is substantial, l;arge, important or other, vise significant. Each eltect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (C) duratico; exptanetzone contajrl suJticient detail to show that alt relevant adverse impacts have been Jdemi!!ed anc~ adequately addressed. , I'~ Check this box Jf you have identil'ied one er more potentially large o¢ significant adverse impacts which .' occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ~ Check this ~ox it' you have determined, based on the information and analysis above ~nd ~rt¥ suPPorting documentation, Ihat the proposed action WILL ~'~OT rcsult in an,/ significant adverse environmental impacts AND prOvic~e on attachments as necessary, the reasonC, supporting this determination: CoUnty of SuffOlk ) State of NeW York ) Roy L. Haje BEING DULY SWORN DEPOSES AND AFFIt{MS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT[S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND. BELIEF, AND THAT WOP, K WILL BE DONE IN THE MA1PNER SET FORTH IN THIS A~PLICATION AND AS MAY BE APPROVED BY THE SOU'£I~OLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES To HOLD THE TOWN OF SOUTHOLD; AND ThE' TOWN TRU$'2~S HARSILEss AND FREE FROM ANY AND ALL I1AMAGES AND CLAIMS ~ISING UNDER OR BY VIRTUE OF SAID pER1HIT(S'),, IF GPJgT~ THE ~TRUSTEES, REVIEW OF THIS TO 1 APPLICATION. SWORN TO BEFORE ME THIS PUBLIC/ Suggested space for location Map THIS IS NOT A PERMIT PROJECT DESCRIPTION Replace (within 18") 184 1.f. of existing timber bulkhead plus (2) 10' re~urns. Approximately 150 c.y. of clean backfill will be trucked in from upland. An existing 4' x 13' stairway will be removed and replaced. Bulkhead work is an emergency as present condition is very precarious. Directions: White pillarswith "Cedar Ridge" at driveway. NY Telephone pole 46-5 immediately west of driveway. Site is West of Bray AVenue and East of Birch Drive, Laurel. M. Brederneyer, ~I~, president ~ ?. Smith, Vice president Alber~ L Ktupski. Ir. John L. Bednoski, John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTI~ES TOWN OF SOUTflOLD St~ER'VI$OR Town Flail $3095 MakL Road P.O. Box 1179 gouthotd, New York 11971 COASTAL EROSION MANAGEMENT PEP/~IT APPLICATION TOWN WETLANDS pERM~IT APPLICATION TRUSTEE LANDS p~RMIT A~PLICATIoN ~oastal Erosion Permit Application ~wetland Permit Application ~rustee Lands Pe~it Application Office Use Only: --Grandfather ~Completed Apps. Date: ~Variance Required, Neighbors horrified Date: ' SEQRA Type~ Coord. Rev~-op=.,mand. ~Insp. comp./date: __SEQRA Determin./date: .Public Hearing/date: Findings: Permit Vote: (Y/N): Special Conditions: (also see file) Application Number; SC~{ al000- 128-02-04 Project Name (If any) Date Prepared: November 4, 1992 Appllca~t: ~.q-CQnsultants t -lnc. Address: 1329 Horth Sea Road, Interes=: (Owner, Owner of Property: Address Southampton, NY 11968 Phone (516) 283-6360 consultant, lessee, etc. ) Consultant Dr. Bennet J, Hess B~kshire Roadr Rockville Centre, NY llb/u Phone (5£~) 536-5561 Subject Property Location: Peconic Bay Blvd. T,m~wol. NY 11948 ~Provi=e LiLCO Pole ~, Distance to cross ~tree:s location map) See Attached THIS IS NOT A PER~IT if no~ on Telephone (5!6) 765~1892 BOARD OF TOWN TRUSTEES ToWN OF SOUTHOLD S.E.Q.R.A. NEGATIVE DECLARATI ON NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPL,ICA~ION NO. 1000-128-2-4 Chapt~ 97 ~ Wetlands NAME'_. br. Ben,et Hess ~Chapt 37 - Coastal Erosion DATE: November 30, 1992 RESOLVED that pursuant to Article 8 of the Envirornnental Conservation Law, State Environmental Quality Review and 6NYCRRiPart 617, Section 6t7~10 and ChaPter 44 of the Code of the Town of Southold, notice is hereby g~venthat the Southcld Town Trustees. as Lead Agency for the'acti6n described below, has determined that the project will not ha~e a significant effect on ~he environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION~ DESCRIPTION OF ACTION: to replace (within 18") 184 t.f. of existing timber bulkhead plus (2) 10' returns. Approx. 150 c.y. of clean backfill will be trucked in from up~and. An existing 4' X 13' stairway will be removed and replaced. Located Peconic Bay Blvd., Laurel. LOCATION:SCTM ~1000-128-2-4 REASONS SUPPORTING THIS DETmKMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented a~ planned. DEC PERMIT'NUMBBR FACILITY/PROGRAM NUMBER(s] NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT Under the Environmental Conservation Law -- Article 15. Title 3: 6NYCRR 327. __ 328, 329: AQuatic Pesticides -- Article 15. Title 5: __ Protection of Water [~] Article 15, Title 15: Water Supply 7q Article 15, Title 15: Water Transoort [~] Articte 15, Title 15: Long Island Wells 7'-'-] Article 15: T!tle 27: Wild, Sce;nic and Recreational RNeFs 7~'--] 6NYCRR 608: ','Cater Quality Certification -- Article 17. Titles 7. 8: __ SPDES -- Article 19: __ Air Pollution Control* -- Article 23, Title 27: __ Mined Land Reclamation J-'~--] Article 24: Freshwater Wetlands N--New. Fi--Renewal, M--Modification. C--Construct (*only), O--Operate (*only) EXPIRATION DATEfsi J'~"-q Article 25:/ Tidal Wetlands -- Article 27, Title 7: 6NYORR 360: __ Solid Waste Management' -----]Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management -- Article 34: __ Coastal Erosion Management [~] Article 36: Floodplain Management ! Articles 1, 3. 17, 19. 27, 37; 6NYORR 380: Radiation ConVol ? LEPHONE UMBE different from Per ittee) DESCRIPTION OF;AUTHORIZED AC Cons~ruc~:~gh~n 18" of ex~s~Sng funcg~ons~ bulkhoad /~ 15noar feet of bulkhead and place /&~ cu. yds. of backfill. ~S/~ (~) /6 ~C~ ] ~e~d GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL. all applicable regulations and the conditions specified herein or attached hereto, The oermittee shall file in the office of the appropriate regional permit administrator or other office designated ~n the special conditions, a notice of intention to commence work at ~east 48 hours in advance of the time of commencement and shall also notify himjher promptly in writing of the completion of the work The DermiU:ed work shall be S~olec~ to inspection ov an aumonzeo representative of the Deper~nent of Environmental Conservation which may order the work suspended if :ne public interest so reoulres pursuant to ECL §714)301 and SAPA §401(3). The oermittee has accepted expressly, b~ the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature, and b, whomever suffered arising out of the project described herein and has agreed to indemnif~ and save harmless the State from suits, actions, damages and costs of every name and descrip- tion resulting from the said project. The Department reserves the right to modify, susoene or revoke this permit at any time after due notice hold a nearing when: al the scope of the project is exceeded or a wolabon of any condition of the permit or provisions of b) the permit was obtained by misrepresentation or failure to disclose relevent facts: or c) newly discovered informauon or significant physical changes are discovered since the aermlt was The perm~ttee ~s responsible for keeping the permit ac:we DV suom~mng by the Department. no later than 30 days (180 days for SPDE5 or 5olid or Hazarduou date. This Dermit shall not be construed as convewng to the applicant any right to trespass upon the lands o s in order to perform me AdTI~RI~D ~IGNATURE/~/2~ ~ Bagel of ~ ADDITIONAL GENERAL CONDITIONS FOR ARTII: ,EES 1S (Title 51, 24, 2S. 34~ 36 and 6 NYCRR Part 608 { Protection of Water Water Quality Cert. & Tidal ~etlands ~nat the ~rolect wll[ be free from f]oodin§. if granted unaer 6 NYCRR Part 608. me NYS Degartmen: of Environ- Sections 301. 302. 303. 306 and 307 ot the Clean Water Act ot 1977 {PL 95-217) provided that all of the conal:lons listen neretn are met Ali activities authorized by this oermlt must be n strict conformance with the approved plans submitted by the aool~cant or ms agent as oart SPECIAL CONDITIONS 1. A copy of this oermit with supplementary conditions and approveo olans must be available a: the projec: site whenever authorized work is in progress. 2. The permit sign enclosed with the permit or a copy of letter of approval must be protected from the weather and ~osted in a conspicuous location at the work site until comoletion of authorized work. 3. At least 48 hours ~rior to commencement of the project, the ~ermittee must comolete and return the top portion of the enclosed receip~ form certifying that he is fully aware of and unders:anas all provisions and conditions of this permit. Within one week of completion of the permit:e~ work, the bottom portion of that form must also be completed and returneO. 4. If the permittee intends ~o undertake any project design modifications after permit issuance, the permittee mus% 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 submission of a new application for per,it. 5. Bulkhead must be constructe~ within 18" of the e~isting structure measured from the face of old sheathing to the face of new sheathing. 6. Construction of bulkhead and return walls must be completed prior to placement of any fill material behind such structures. 7. Use of timbers (wood) :reated with pentachtorophenol i~ strictly prohibited. DEC PERMIT NUMB Page 2 of ~' j SPECIAL CONDITIONS Protection of Water, Water Quality Cert. For ArticIeS 15 & 25 ( & Tidal Wetlands 8. All fill must be from an approved source and consist of clea~ gravel ano soil. Use of asphalt, slag, fly ash, broken concrese or other demolition debris is prohibited. All fil' muss be graded to match the elevation of the land immediately adjacent so the bulkhead. 10. Contamination of tidal wetlands and the wasers of New York State by suspended solids, sediments, fuels, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the conduct of the permitted activity i$ ~rohibited. 11. Any debris or excess material from constructior of this project must be immediately and completely removed from the adjacent area and disposed of ~ an aDDroYed upland site. Disposal of debris in tidal wetlands prohibited. 12. Any bulkhead constructed directly adjacent ~o vegetated tidal wetland ~o be jetted in with minimal dis~urDance to the tidal wetland. Trenching i~s strictly prohibited. Regional Permit Administrasor NYS Dept. of Environmental Conservation Building 40, SUNY - Room 291 Stony Brook, ~Y 11794 (516) 751-7900 Pase ~ of ~ N. 69'33'~0" E. o /. EN-CONSULTANTS, INC. ENVIRONMENTAL ~ER¥[CES 1329NORTH 9EA ROAD SOUTHAMPTON NEW YORK 11968 516-2B3-6360 FAX NC 516-2B3-6136 November 17, 1992 TO: Town of Southold Board of Trustees FROM: Eh-Consultants, RE: Bennet J. Hess Enclosed please find a copy of the NYSDEC permit. Please add to file. TOWNOF SOUTHO L SUPPLEMENTARY SPECIAL CONDITIONS The A. Bo following conditions apply to all permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with plans shall be available at work is in progress. supplementary conditions and approved the project site whenever authorized The permit~sign enclosed with the permit or a copy of letter of approval shall be pro~ected from the weather and posted in a con- spicuous location at the work site until completion of authorized work. At least 4~ 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 com- pleted and returned. For projects involving activities more than One year, the permittee Administrator in writing au least of resumption of work each year. to be accomplished over a period of shall notify the Regional Permit 48 hours prior to the commencement 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 modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to co~ply 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. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit'does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Regional Permit Administrator NYS Dept. of E~v%ronmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, N~ 11~0-2356 (516) 751-~89 SU VEr BENNET J HESS & BARBARA S. HESS A T LAUREL TOWN OF SOUTHOLD SUFFOLK COUNT~ ~ ~ ~000 - ~2~ - 02 - 04 ~ CERTIFIED TO' ~ BENNET ~ HESS ~ , ~R~R~ s. ~ss AREA = 41,899 sq. ft to tie lines Prepored in occordence wilfl lhe minimum stondercls for lille surveys os estefilisfied f; fhe L.I.A.L.S. end epproved end egopled r such use by The New Yorl~ Sfete Lond Title Associefion. (51 P.O. MAIN ROAD SOUTHOLD, N,Y, 1197'1 LIC. NO. 49618 92-277