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Board Of $outhoid Tov SOUTHOLD, NEW YORK Trustees PERMIT NO. 4ZOO DATE: ....Ig./11 / 92 ISSUED TO ..~g~Y q,.. l~.~;!~ ....................................... Pursaanf fo fhe provisions of Chapter 6)5 of fha Laws of fha State o{ New YorE, 893; and Chapter 404 of the L?ws of fha State of New York 1952; and +he Southod Town Ordinance fffba "REGULATtN~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND .ON TOWN WATERS AND PUBLIC LANDS and REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance wffh fha Resolution p~ The Board adopted eta meeting held on J9 ~ , and in consJgerafion O{ fha sum o~ $ 150.00 p~M by S~muels & C~tcAogue N.Y. and sub[ecl fo the Terms e~d ConBffJons J~sfe¢ on fha reverse side hereo¢, o{ SoufhoJd Town Trustees authorizes and permlfs the following: all in accordance wffh ('he detailed specifications as presented in fha origbatb§ epplicaflon. iN WITNESS WHEREOF, Thesa'o Board of Trustees here- by causes ifs Corporate Seal .% be affixed, end these presents fo be subscr[bed bk' a maiorffy of Board as of this daf,e, Trustees ALL DOCKS AND BULKH?~OS MUST DISPLAY VISIBLE PF~IT NUMBERS. ALL MOORINGS AND S~KES MUST DISPLAY~_¥ISI,BLE MOORING NUMBERS. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD. NEW YORK 11971 N~TICE OF ACTION - NOT A PERMIT TO: HARRY C. HOHN Please be advised that your application, dated 10/6/92 has been reviewed by this Board, at a meeting of the Trustees held on November 20, 1992 and resulting in the action, as indicated below: ( Xxx..) ( ) ( ) Application Approved. Application Denied. Application Tabled. COMMENTS AND REMARKS: St50.00 Wetland application - Paid iF YOUR APPLICATION IS APPROVED ABOVE, A PERMIT FEE IS NOW DUE, AND SHOULD BE MADE PAYABLE TO THE ORDER OF THE BOARD OF SOUTHOLD TOWN TRUSTEES. THIS FEE IS COMPUTED BELOW ACCORDING TO THE SCHEDULE OF RATES AS SET FORTH IN .THE INSTRUCTION SHEET (Form 1/1). THIS FEE MUST BE PAID WITHIN 90 DAYS OR REAPPLICATION AND ADDITIONAL FEE WILL BE NECESSARY. IF THE PERMIT FEE IS PAID IN PERSON TO THE CLERK OF THE BOARD, THE PERMIT WILL BE OBTAINABLE AT THE SAME TIME~ IF THE FEE IS PAID BY MAIL, THE PERMIT WILL BE MAILED IN REPLY. COMPUTATION OF PERMIT FEE: $150.00 Wetland application TOTAL FEE FOR THIS APPLICATION: 10/87 $ 150,00 ~ SigneCl: . President, By: Board of Trustees Bbard of TRUSTEES John M. Bredemeyer. IIL President Albert J. Ktupski. Jr.. Vice President Henry P. Smith Jotm B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN O1z SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVI RONI~E~T APPLICATION NO. 1000-118-6-1 & 1.3 Chapt. NAME: Harry G. Hohn Chapt. DATE: August 26, 1993 97 - Wetlands 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the 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: Type II. DESCRIPTION OF ACTION: Applicant requests permit for a 4' X 240' catwalk as shown on map dated August 3, 1993. Located Aborn Lane, Cutchoque. LOCATION: SCTM 31000-118-6-1 & 1.3 REASONS SUPPORTING THIS DETERMINATION: ~ 1. An on site inspection has been conducte~ 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 following mitigation measures be implemDnted. cc: CAC John M. Bmllemeycr, HI, p_resident ~bgtt J. Krap~l~, jr., ~5~ President ~m O. ~be~n T~phone (516) 765-1~2 hx 016) 765-1823 · BOARD OF TOWN TRUgl'rE'I~: TOWN OF SOUTHOLD - SUPERVI[SOR SCOTT L, HARRIS Town Hall 53095 Ma~n Road EO. Box 1179 Southekt. New York 1197,17 November 25, 1992 samuet~ & ~teelman Architects .2523~'~ai~o~d cutc~ue~ 11935 Re: Harr~ Hohn SCTM ~!000-!18-~-1 Dear Mr. samuels: action was taken by the Board of Town ~rustee~ held On November 20~ 1992 regardihg %h~ & Steelm~n Architects on behalf of Harry Hohn Southold Town. Trustees for a permit under the the Wetland Ordinance of the Town of Southold, ;ion dated October 6, 1992 ~lication was referred to the Southotd Town Advisory Council for their findings and a public hearing was held by the Town Trustees witk application on November 20~ 1992 at which time all persons were given an opportunity to be heard, and, hShEREAS, the Board mere~ers have personally viewed and are familiar with the premises in question and the surrounding area, and~ ~E!tEAS~ the Board has considered all the testimony and documentation~ submitted concerning this application, and, %E~EREA$, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the NOW,~ ~EREFORE BE IT RESOLVED that the Board of Trustees approves ~ipp!i~a~ion of Samuels & Steelman Architects on behalf of Harr~ ~tohn ~t0. ~onstruct new stairs and catwalk, from existing bulkhead beach,. This po~r~t will expire two years from the date it is ~ust o~ t~h~ ~ate of thls no~lfleat~Ono Two inspections the~Ti~$tees to De notl_led upon complet!on or said Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Very truly yours, President, Board of Trustee JI~B :djh co: TRuSTEEs - John M. Bredemeyer, 11I, President Albert J. Krupski, Jr., Vice President Henry P. Smith .Iohn B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 BOAI~D OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hal! 53095 Main Road RO. Box t179 Southold, New York 11971 S~E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-118-6-1 N~4E: Harry &~Janet Hohn DATE: October 28, 1992 Chapt. 97 Wetland Chapt. 37 - Coastal Erosion RESOL%~ED that Pursuant to Article 8 of the Environmental Conservation Lawr State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Tow~n of Southoid, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not Have a significant effect on the enviror~ento Please =akefu/rther 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. A planting survey shall be submitted prior to final approval, if applicable° TYPE OF ACTION: II DESCRIPTION OF ACTION: To construct new stairs and catwalk from existing bulkhead to beach. Located 8980 Nassau Point Road, Cutchogue. LOCATION:SCTM ~1000-1i8-6-I & 1.3 REASONS SUPPORTING ~IS DETERMINATION: 1. ~n on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and com_Dletedby the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc. SamUels."& Steelman TRUSTEES John M. Bredemeyer, l~, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 3, 1991 Samuels & Steelman 25235 ~ain Road Cutchogue, NY 11935 RE: Harry G. & Janet Hohn SCTM #1000-118-6-1 & 1.3 Dear Mr. Samuels: The Board of Trustees reviewed the application submitted for the above referenced property. After an on site inspection, this project was determined not to be in the Trustees jurisdiction. All other approvals that may be applicable should be secured prior to the commencement of the project. Very truly yours, john M. Bredemeyer~ III President, Board o~ Trustees JMB:jt cc: Building Dept. TRUSTEES John M. Bredemeyer, III. President Henry P. Smith, Vice President Albert J. KmpskL Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516/765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516/765-1823 Telephone (516) 765-1800 August 16, 1990 CERTIFIED MAILED Harry G. Hohn New York Life Insurance 51 Madison Avenue New York, New York 10010 RE: SCTM ~1000-118-6-1,3.1 Dear Mr. Hohn: As seen on inspections by a representative of the Trustee office on July 23, 1990 and other inquiries, some eye view vegetation clearing seems to have taken place with in 15!. of the water on Lot ~3; any further activity in the area without first obtaining a permit or waiver from this office may result in a violation. If you have any questions, please do not hesitate to contact this office. Very truly yours, · Bredemeyer, III President, Board of Trustees JMB: jmt Eno. cc: Plannin9 Board Bay Constable William W. Esseks, C.A.C. Esq. TRUSTEES John M. Bredemeyer, III. Presidenl Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516/ 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax ~.516~ 765-1823 Telephone (5163 765-1800 TO: Planning Board FROM: Board of Trustees DATE: July 24, 1990 RE: Harry G. and Janet Hohn SCTM 91000-118-6-1, 3.1 This office has reviewed the determination of the CAC and agrees that the wetland line as flagged by the surveyor on January 23, 1990 is acceptable. Since the proposed map shows a 15' right-of-way along the pond the applicant should be advised that any activity within 75' of the wetlands as delineated will require a permit from this office. As seen on inspection on July 23, 1990, moderate slopes exist immediately adjacent to the wetland area. As a result of this it is likely that only a catwalk assembly would be acceptable as a means of access to the beach. Whereas some eye view vegetation clearing seems to have taken place within 75' of the water on Lot. ~3; the applioant should be advised in writing against any further activity in the area without first obtaining a permit or waiver from this office. Thank you for the opportunity to review this map. cc: CAC Telephone (516) 765-1801 Town Hall, 53095 Main P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL To: From: Dated: Re: Southold Town Plannin~ Board 5outhold Town Conservation Advisory Council July 5, 1990 Harry G. and Janet Hohn SCTM# 1000-118-6-1, 3.1 The Conservation Advisory Council makes the following The site appears to have no wetlands involved. The wetlands sited on the map appear to Map dated 4-12-90 correct. Wetland appear to be involved. The map/survey has been transmitted to the Southold Town Trustees for their comments and any staking they deem necessary. The survey is not correct. Wetlands need to be staked by the Southold Town Trustees. The map/survey has been transmitted to the Trustees for their comments and any staking they deem necessary _ Additional Comments: cc: Southold Town Board of Trustees PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chmrman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 August 14, 1990 William W. Esseks Esseks, Hefter & Angel 108 East Main Str~eet P.O. Box 279 Riverhead, New York 11901 RE: Minor Subdivision for Harry G. & Janet Hohn SCTM$ 1000-118-6-1 & 3.1 Dear Mr. Esseks: Enclosed is a copy of the July 24, 1990 report from the Board of Trustees. Please advise your client of the contents of this report. If you have any questions regarding the above, please contact this office. Very truly yours, , .~ Bennett Orlowski, Jr.~ ~5 Chairman enc. 9 PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD March 16, John M. Wagner Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, New York 11901 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P,O. Box 1179 Southold. New York 11971 Fax (516~ 765-1823 RE: Harry & Janet Hohn SCTM~1000-118-6-1-3.1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 11, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Q~ality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. /~W5 Chairman Enc1. PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Larham. Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 Lead Agency: Address: SCOTF L. HARRIS Supervisor PLANNING BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECLARATION Notice of Determination of Non-Significanca Determination of Significance Planning Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516~ 765-t823 Date: March 11, 1991 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) o~the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Ti tie of Act ion: SEQR Status: Project Description: SCTM Number: Location: Minor Subdivision Harry G. & Janet Hohn Type I Action The project which is the subject of this Determination, involves the subdivision of a 7.368 acre parcel into three (3) single family residential lots. Two of the three lots contain existing dwellings. There is a bulkhead along the unimproved lot on G[eat Peconic Bay. Individual wells and sanitary systems are proposed. District 1000 - Section 118 - Block 06 -Lots 1 & 3.1 The site is located at the southwest corner of the intersection of Aborn Lane (Private Road), and Nassau Point Road. Cutchogue, Town of Southold, New York. Page ! of 2 Minor Subdivision ~ Hohn SEQR Determination Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parrs I and II. and the following specific reasons: 1) The subject property is zoned R-40, allowing lots of 40,000 square feet or greater. The ~se invotve~ 3 lbts on 7.368 acres, and dn average lot size of 2,456 acres, or 0.41 un/ts per acre. 2) The~ proposed proje.ct conforms to the density standards for sin~gl~_e .fa~. '~y res. iden?l deveiop~nent established by the Suffolk County Department 0x neatm ~ervlces, m order i0 protect groundwater. The'project is consistent-with groundwater management gUidelines as Outlined: in the 208 Study, SC Sanitary Code Article 6, and COnsidered b~/the Town of Southold in review of the project. 3) The site contains important resources including a freshwater pond, shoreline along Great Peconic Bay, and areas with slopes in excess of 30 percent. Two of the ~ots already contain dwellings, and therefore the intensity of rise will not be increased. One site will be developed in the future. There is a sufficient building envelop on this site to Permit environnientally sound development. A building envelo~p will be established through the subdivision review process in order to ensure mat site use occures in the least sensitive areas. 4) Additional conditions which are aspects of the project and/or are reflected on the map in Order to minimize environmental impacts include: a. There is to be no :further subdivision of any tot in perpetuity. b. The designated non-use area is to be left in its natural state. c. If additional access should be necessarg, Lots 1 and 2 shall share a common driveway which traverses across Lot 2, to Aborn Lane. d. Lot3 shall continue to have access over Aborn Lane For Further Information: Contact Person: Address: Phone No.: Bennett Orlowski, Chairman Town of Southold Planing Board Town Hall, Main Road. Southold (516) 765-1938 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation RegionaI Office-New York State the Department of Environmental Conservation Applicant-Harry G. & Janet Hohn Suffolk County Department o~f/Health Services Southold Town Trustees Southold Town Building Department Page 2 of 2 PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 1991 SCOTI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax ~516) 765-1823 John M. Wagner Esseks, Hefter & Angel 108 E. Main Street P.O. Box 279 Riverhead, New York 11901 RE: Harry & Janet Hohn SCTM~1000-118-6-1-3.1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 25, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assu~e lead agency status on this Type 1 action. Please contact this office if you have any questions regarding the above. cc: Very truly yours, , Bennett Orlowski, Jr. F Chairman Board of Appeals / Board of Trustees Southold Town Board Suffolk County Health Services NYSDEC - Stony Brook PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G, Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD rOW ' OF SOU,THOLD SCOTT L. HARRIS Supervisor Town Hall_ 53095 Main Road P.O. Box 1179 Southotd. New York 11971 Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. ProD ec~ Name: Requested Action: 7.36%> ( ) Unlisted Con~act Person: (~el~5 ~ ~?~F-e, (516]-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in beinq lead agency. Planning Board Position: [~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. Chairman cc: Board of Appeals · ~Board of Trustees~/ Southotd Town Board ~Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook ~, v ~ n~ ~ Tra~£portatien * Maps are enclosed for your.~eview Coordinating agencies Town Halt, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ScoTr L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: PLANNING BOARD OFFICE TOWN OFSOUTHOLD John Bredemeyer, III President, Board of Trustees Bennett Orlowski, Jr. ~'/~ Chairman April 11, 1990 Minor Subdivision Proposal for Harry G. & Janet Hohn Nassau Point SCTM$ 1000-118-6-1 & 3.1 Enclosed please find a mad fo_q~ above mentioned subdivision pr°p°sal~-~-~/ ne~ //~e wetland lines have been deli on the map and in ~--th~e' ~field by the~_Dp~ic=__~h's surveyor~/~ ~Th~ ~I~nning B~ard reqlxests your Beard's comments as to the accuracy of the delineation. Thank you in advance for your assistance. Encl. !" X 8"~.x 20~: "X 6"'X 20' RAILING 6" DEC P' X 6, X 20' GIRDEI 5/8!~ e, ~" x 8!' 3OTH ~ T¢R O! · ~.~ 6.0 \ T.~. 10.5 A REPRESENTATIVE t989 159.972 S.F. 'AKE / I ·, ~' 617.21 ~- Appendix C Slate Environmental Quality Review --- SHORT ENVIRONMENTAL ASSESSMENT FORM '"-' For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsort SEQt 5. IS PROPOSED ACTION: ~New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: AMOUNT OF LAb~O AFFECTED: . ~'(~ /' WILl FROPOSED ACTIOn4 COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ NO If Ho. describe brieBy ~0. DOES ACHO~ iNVOLVE A PERMIT APPROVAL, OR FUNDiNg, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,- ~ DO~S ANy ASPECT OF TH~ ACTIOf~ HAVE A CURREHTLY VALID PERM T OR APPROVAL? CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TnUE TO THE BEST OF MY KNOWLEDGE If the action is in the CoostalArea and you are a state agency, complete lhe Coasta Assessment Form belore proceeding wilh this assessment OVER 1 O. rs rHERF_. OR IS THERE LIKELY TO DE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IA PACTS? PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) _i INSTRUCTIOn, S: For each adverse effect idendlied above, determine Whelher il is substantlal, large, imporlant or otherwise sign{ticant. Each eltect should be assessed in connection With tS {al settfgg (i.e. urban or rural): lb) probabilily et occurring; (c) duration; ~d) l~r~vcrsrDHily; (el geographic scope; and ([) magnitude. If necessa~, add aHachmenls or reference supporting materials. Ensure that ~ Chec~ this box if you have iden~ified one or more ootentially large or s~gnificant adverse impacts which [,IAY ' occur. Then Proceed directly [o Jhe FULL EAF and/or prepare a positive declaration. ~ Check [his box if you have determined, based on the informalion and an21ysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse envirOnmenlal impacts NewYorkLifelnsuran~ompany 51 Madison Avenue, Net ~k, NY 10010 212 576-5077 Fax: 212 576-4545 Harry G. Hohn Chairman of the Board March 26, 1993 Town of Southold Board of Trustees Attention: John Bredemeyer, III, President Town Hall Southold, New York 11971 Dear M~. Br~demeyer: Re: 8980 Nassau Point Road Cutchogue, New York With reference to your recent meeting with Ed Dieffenbach, acting on my behalf, regarding the construction of a raised walk way on my property at 8980 Nassau Point Road, I respectfully request a field inspection and presubmission conference with representatives of the Board of Trustees, at a mutually convenient time. Your cooperation and advice in this matter is deeply appreciated. Sinc~ ~ely, P.S. If April 22, 1993 is a possibility, I would be happy to drive out from Manhattan to meet with you on that afternoon. TRUSTEES ohn M. Bredemeyer. III. President Henry P. Smith. Vice President Albert J. Kmpski, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Sup~visor Town Hall. 53095 Main Road P.O_ Box 1179 Southold. New York 11971 Fax (516/765-1823 Telephone (516) 765-1800 GRANDFATHER APPLICATION Mailing address: Tax Map Number: 1000-//3- ~- '~' f Approx.yr.of construct: Prior owner if known: ~>~ ~--. /~/c_~/<~/[/[~("/7' Diagram of existing structures, including all dimensions, ma/st be included with this application: Indicate on attached map: pole number, Signature of Please note, application· Locatio¢~:.[ie; reference point, adjacent pro~o~c. applican~~'~'~- there i~a-'one~ fee of $50.00 telephone for filing this TRUSTEES John M. Bredemeyer. IIL President Albert J. Krupski. Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 I Office Use Only: ~Coastal Erosion Permit Application ~Coastal Erosion Variance Application i~Wetland Permit Application ~aiver from Chapter 97(Application/permi~ ! Trustee Lands Permit Application Grandfather Permit Application ~_Completed Apps. Date: ~Inspection date: ~_CAC comments-Date: Sent Rec. ~--Variance Required: (Y/N~ ~Neighbors not,ed-Date: L__coord.: Date sent SEQRA Determin./,da%e: ~~ F--Public Hearing/Gate: F-- Findings: Approved (Y/N) Special Conditions: (Y/N) (see file) ~Permit(s) issued-date: Application Number; SCTM91000- Applicant: /~//:) ~ ~ y ~. //0,..6//4 Interest: (owner, Owner of Proper=y: DATE REC.: 0[ $01.tlH0[I) Application Fee: Phone consultant,lessee,etc. ) Address ~A~ Phone ( ) Subject Property Location (Provide LILCO location map) Pole ~, Distance to cross Streets THIS IS NOT A PE~IT if not on Page 1 Yds. to be excavated: ~ Yds. to be filled: Manner in which material will be removed or deposited: Width of canal, creek or bay fronting property: Depth at low tide: ~/~ -- Aver. rise in tide: Distance to nearest channel: extends beyond similar projects in area: Area zoning: ~ Land area in acres: Is project for private or business use: Intended use of property: ~;~J~ ~ Describe known prior operations conducted on premises: Distance project Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: ~ Has any license or permit ever been revoked or suspended by a Governmental Agency: fl/~ Project Description The pro3ect description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (~.e., pipeline and septic system; make additional attachments if necessary). THIS IS NOT A PERMIT .Page · "' 1 RI~JEcT LD..NUMBEB Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS ORly PART I--PROJECT INFORMATION Fi'o be completed by ABDlicant or Project sDonsor~ I I. APPUC T/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Munici~ality ~ ~ ~ ~ County ~ 4. PRECISE ~CATION (Street a~dress snd road intersections, prominent lanDmarKs, elc., or Drowoe maD) SEQR 5. IS PRO ED ACTION; ............ ~ [] Expansion [] Modification/alteration 6. DESCR/_~BE PROJECT BR[EFLE~: ..: ~--~ / 7. AMOUNT OF LAND AFFECTED; WILLrlLL~'ROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] No If No. describe briefly 9. WHA IS PRESENT iN VICINITY OF PROJECT? ~Reisrd ential LAND USE [] Industrial [] Commercial [] Agriculture 10. DOES ACT ON INVOLVE A OTHER GOVERNMENTAL AGENCY STA~'E~LOCAL)? PERMIT APPROVAL, OR FUNDING, .NOW. OR ULTIMATELY :OM, ANY [FEDERAL, [] Yes [] No If ye~, llst agency(si and permit/approvals ,~, ~* ~'~ , 11 · DOES ANY ASP~,SP~T OF TI~E ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~o I~' yes, list agency name and 13ermit/approval AS A RESULT OF OPOSED ACTION WILL ffXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE tS TRUE TO THE BEST OF MY KNOWLEDGE .~e~ Form before proceeding with this assessment OVER 1 B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACT]DNS IN 6 NYCRR. PART 6t7.87 It RD. a negative eeclarauon C.. COULD ACTION RESULT IN ~NY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOW~NG: IAnswers may De Yes [] NO If Yes. explain briefly PART ii]--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each ad~/erse etfec! identified above, determine whether it is substantial, large, impatient or otherwise significant. Each eltect should be assessed in connection with rts (at setting {i.e. urban or rural); (bt proDahi ~ty of occurring; {el duratioR; ir(~vers~bili/y; [e~ geographic scope; and (t) magnitude. It necessary, add attachments or reference supporting materials. Ensure the! exDlana.ons conzam sufficient detail to showy that all relevant adverse ~rnpacts have been idaetJtiea an~ aaequately aeoressed. [] Check this box if you have Jdeniifled one or moro Do~:entiaII¥ large or significant adverse impacts which occur. Then proceed directly to me FULL EAF anD/or prepare a positive declaration. [] Check this box if you have determined, based on tho information and analysis above and any supporting documantabon, that tr]e proposec action WILL NOT result in any significant adverse environmental im AND provide on attachments as necessary, the reasons supporting this determination: TRUSTEES John M. Bredemeyer, III. President Albert J. KrupskL Jr.. Vice President Hemry P. Smith John B. Tuthill William S. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 ~X(we) BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD 30 year Maintenance Agreement Erosion Protection Structures Chapter 37 Southold Town Code Southotd Trustees as Administrator HARRY G. HOHN AND JANET L2 HOHN type or print name(s) the owners of record of property at: 8980 Nassau Point Road, Cutcho~ue, New Yo~k 11935 (type o~ print street address) SCTM %1000-118~6-3.2 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 catwalk of 240 feet as shown, on the attaqhed feet of length licensed survey of the as-built structure. SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road RO. Box 1179 Southold. New York 11971 It is my/our understanding that we are to maintain this structure with materials designed to endure 30 years and er 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 wetlands. We further understand that failure to maintain the structure could result in a requirement to Dost a bond and or have the repairs ordered as a lien against the property upon a finding .by the Trustees that said lack of maintenance would risk life, p operty or important natural resources features inc~ animals and plants. ~O..RN TO BEFORE ME THIS NOT~Y PUBLIC ~123~ure of/~r of recor-~±~:'' ' ' ~i ~ -- ~otar¥ Public, State of New Y~ No. 41-4834278 ~ualifi~ in Queens C~n~ ~ ~mission Expires April ~, 19~ Please submit three copies of a ligensed'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. County of Suffolk ) State of New York ) ~//~ ~ /--/(Q/~/ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SlI~ 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 WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR ~GENT[s) OR REPRESENTATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS '~ APPLICATION. ~~___ swoRN TO BEFORE ME THIS~ O~- DAY OF [_~i ,~973 PUBLIC JANET V. Suggested space for location Map THIS IS NOT A PERMIT TRUSTEES ohn M. Bredemeyer, III President Henry P. Smith. Vice President Albert J. Krupski. Jr. Iohn L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Planning Board Board of Trustees July 24, 1990 Harry G. and Janet Hohn SCTM ~1000-118-6-1, 2.1 This office agrees that January 23, has reviewed the determination of the CAC and the wetland line as flagged by the surveyor on 1990 is acceptable. Since the proposed map shows a 15' right-of-way along the pond the applicant should be advised that any activity within 75' of the wetlands as delineated will require a permit from this office. As seen on inspection on July 23, 1990, moderate slopes exist ~mme~iatety adjacent to the wetland area. As a result of this it is likely that only a catwalk assembly would be acceptable as a means of ac Whereas some eye view vegetation clearing seems to have taken place within 75' of the water on Lot ~3; the applicant should be advised in writing against any.further activity in the area without first obtaining a permit or waiver from this office. Thank you for the opportunity to review this map. cc: CAC -2- JULY 24, 1990 BOARD OF TRUSTEES LETTER During the 1989 - 1991 subdivision process, we felt that we had fairly negotiated with the Planning Board and the Trustees to satisfy the interest of ail. Even though the parcel under discussion was aimost 8 acres, we agreed to a subdivision of only 3 lots when our originai petition had been for 4. During this process the Board of Trustees made the following statement: "As seen on inspection on July 23, 1990, moderate slopes exist immediately adjacent to the wetland area. As a result of thi~ it is likely that only a catwalk assembly would be acceptable as a means of access to the beach." We recognized then that this was not a commitment of the Board but we agreed that a catwalk assembly would be a satisfactory avenue to accomplish our long term plans withi/a the spirit and letter of the Town permits. A part of that plan was to retain for our family Lots #1 and #2 and eventuaily sell Lot #3. This continues to be our plan and is one of the principai reasons for the pending permit. I think it is unreasonable for others to suggest that we should be required to ailow individuais owning Lot #3 in the future to transverse over Lots #2 and #3 or even just Lot #2. The route suggested by others at the hearing, which would go within inches of the house on Lot #2 and then across a marshy stretch, is not a satisfactory aiternative. While that route may have been used in the past, it has not been used since the beginning of 1989 and even before that. It is now covered over with natural marsh grass and in high tide conditions it is partially covered over by the pond. -3- The second route suggested would be around the south side of the house on Lot //2. This is also totally unsatisfactory as it gives the residents of the houses on Lots #1 and #2 no quiet enjoyment of their property rights and invasion of their privacy. I suggest that these are unreasonable approaches to follow. There is also the important matter of the diminution of the values of all of the lots involved; Lot #1, Lot//2 and Lot #3. There may be another alternative which might be considered by the Board in the context of the environmental issues. I hold a specific deed from Hammer (,prior owner of the Burrell property) to Kolbe (prior owner of my property) and her successors that goes with the land, which gives me a right-of-way around the northern perimeter of the pond across my property and then across Burrell's property and to the bay. That right-of-way is shown on the survey previously filed wth the Board in this matter. It may be that this right-of-way could be utilized as a means to get around a good part of the pond and then build a much shorter catwalk across the pond inlet to that part of the dune on the bay front owned by me. This was not suggested by me originally because of the sensitivity of adjacent neighbors. While it raises other issues, perhaps now it should be given consideration by the Board. DEC I have been advised that the better course of action would be to file with the Town of Southold before going to the DEC. We plan to go to the DEC. As a matter of fact, the catwalk was designed to comply with all DEC requirements. It is my understanding that the DEC requires the catwalk to be 4 feet above the water and marsh grasses, etc. That is why the catwalk was at the level indicated in the material submitted to the Board. We have never entered into the pond because of the delicate balance of the environment and certainly will not do so in the future. -4- CAC I was not aware of the indicated requirement that we secure the comments of the "CAC" on this matter. If this is a requirement, I would greatly appreciate your advice as to how I would go about this process. cc: Members of the Southold Board of Trustees Attachment NewYork Lifelnsurance Company 51 Madison Avenue, New York. NY 10010 212 576-5077 Fax: 212 576-4545 Harry G. Hohn Chairman ofthe Board October 13, 1993 Mr. Albert J. Krupski, Jr. Vice President Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr, Krupski: Re: Hohn Catwalk: Aborn Lane Thank you for your patience and good judgment at the Board meeting on September 30 in the handling of my permit request to construct a catwalk. BACKGROUND For the record, I must first note that I have not taken any actions outside of the permits granted to me by the Town of Southold, the DEC and other governmental agencies. Everything has been done within the letter and spirit of those permits. This can be demonstrated by a review of the property and improvements since we began the subdivision and building process in the latter part of 1989. The only minor misstep was one covered in the Board letter of July 24, 1990 (copy attached). That activity was limited to taking down only a few trees that were diseased and were interfering with other healthy growth. As you will see from any current visual inspection, the vegetation within 75 feet of the wetlands on Lot #3 is more than robust and in no way has been tampered with by me or any other person. We have been environmentally sensitive, not only for the residents and natural habitat of Nassau Point, but for our enjoyment and the enjoyment of generations of my children and grandchildren. TRUSTEES John M. Bredemeyer, III, President 'ltem7 P. Smith, Vice President Albert I. Krupski. Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR scott L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 COASTAL EROSION MANAGEMENT PERMIT APPLICATION TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION Office Use Only /~Coastal Erosion Permit Application ~qetland Permit Application ~Trustee Lands Permit Application 6~Grandfather . f ~Completed Apps. Date. ~Variance Required, $c~ ~Neighbors notified Date: --~SEQRA Type ~ c0ord. Revi~,-~nd. --Insp. comp./date: ~EQRA Determin./date: --Z~ubiic Hearing/date: Findings: Permit Vote: (Y/N):~;~ 'Special Conditions: (also see file) Application Number; Project Name (If any) Date Prepared: Applicant: Interest: ~. ~ ,,~ )_ ( o~ner, conse~t~can t, 1 .etc. Owner of Propertyi F'/~'~- . ~, Address ~d ~ ~ ~- ~ ~ / ~.)M /~OZ/ Phone ( ) Subject pr~pertn Location: ~ ~~ _ ' (Provide LILCO Pole ~, Distance to cross StreeEs if not on location map) THIS IS NOT A PE~4IT Yds. to be excavated: d~) Yds. to be filled: Manner in which material will be removed or deposited: Width of canal, creek or bay fronting property: Depth at low tide: Aver. rise in tide: Distance to nearest channel: /~ ~d~3z ] project extends beyond ?~milar projects in area: Area zoning: ~ ~O Land area in acres: Is project for private or business use~ ~F~ Intended use of property: ~7-~-- Describe known prior operations conducted on premises: Has any prior license or permit been.issued to~erect~structures, _11 license or permit.ever been revoked or Governmental Agency: suspended by a Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (i.e., pipeline and septic system; make additional attachments if necessary). Authorization Where ~he applicant is not the owner) I residing at (Print-owner ~i subject property) (Mailing address-phone) do hereby authorize to apply for Coastal Erosion permit(s), from .the Southold Town Trustees Signature THIS IS NOT A PERMIT County of Suffolk ) State of New York ) 7--/~/~ ~. S~7~LO-~ BEING DULY SWORN DEPOSES AND AFFIRbIs 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 KHOWLEDGE AND BELIEF, AND THAT WOILK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLEss AND FREE FROM ANY AND ALL DAMAGES AN~ CLAIMS ARISING uNDER OR BY VIRTUE OF SAID PERMIT{S), IF GRANTED. ' IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT[s) OR REPRESENTATIVE[s), TO ENTER ONTO MY PROPERTY · TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SIGNATURE SWORN TO BEFORE ME THIS /~ DAY OF Nday Pt~,~, Slale d Nm, t Yof,~ No. 498..~63, Suf~Ik C,x~¥ Term Expires S~. 3, 193(3 HOTARY PUBLIC Suggested space for location Map TttIS IS NOT A PERmafIT 8,,~.X: 20,: 6'" ,X 20' L7 EPRESENTA~VE 1989 -- TAKE .? 8" LEDGER 159,97.2 S.F. LD. NUUBER ~ 7 Stale Eowroomenlal Quality R~w~w SHORT ENVIRONMENTAL ASSESSP~ENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ~'o be completed by AuDI]cant or Project SEQ t, APPLICANT IEpON~d~OR j 2. PROJECT NAME 3, PROJECT 4, PRECISE LOCATION (Street address and road intersection% 3romJ~e~t 5. IS PROPOSED ACTION: ~New [] Expansion [] ModificaBonlalter:~eon 6. DE$CRleE PROJECT BRIEFLY: IniuaUy ,,. WILL PROPOSED ACTIOfl COMPLY WITH EXISTING zorlING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No II No. describe briefly 9. WRAT IS PREEEIIT LAND USE IN VICIHITY OF PROJECT7 ~ee s,denlial [] !ndu$lrial [] Commercial 10. DOES ACTION IHVOLVE A PERMIT APPROVAL. OR FUNDING. blOW ~)R ULTIMAI'ELY FROM ANY OTItER GOV~RNMENI'AL AGENCY' (FEDERAl. STATE OR LOCAL)? [] ]Jo If yes. Iisi agency(s) and permit/approvals I CERflFy THAT THE INFORMATION PROVIOED ABOVE IS TRUE TO TttE ~]EST Or MY KNOWLEDGE It' the aclion is fn the Co251al Area, and ',tod are a stale agency, complete |ho Coastal Assessmen! Form belore proceeding will] Ibis assessment OVER 1 _ _ J PART Ill--DETERMINATION OF SIGNIFICANCE [To be completed by Agency) IUSH'IUCTIO~'IS: For eech adverse effecl identified above, defermine Whelher Jl is subslanli31.13rge, important or othenvise signific~flt. E=c~ effect should be essessed in connection with ils (al setting (i o. urban or rural); lb) probabilily of occurrfng; (c) dur3tion: (d) ~ Check this box il you have id~nti[ied one or more ~otonti~lly large or significant ~dverse ,mp~cts ~vhich MAY occur. Then oroceed direclly to the FULL EAF ;ndlor prepare a posilive declaration. ~ Check Ibis box il you have determined, based on the irfformation and analysis above and any suPDortirg documentation, that the proposed aclion WILL NOT reSbl[ ~n any signilic~nl ~dverse environmental rmDac/s S A M U E L S & S T E E L M A N 200 F-,~8~ 66~ S'ltR~E~ ~: C-L203 N~W YORX 1'~ ~1002& AUgUSt 31, 1992 ARCHITECTS to act as my agent in obtaining the required permie~ f~o~ the br~W YORK ~TATE DEPARTHENT OF ~IRO]~ENT, AL~ CONSerVATION AND THE TOWN OF SOUT~OLD TRUSTEES. Date= ARCH ITECTS 25235 MAIN ROAD CUTCFIOGUE, NEW YORK 11935 (516) 734-6405 New York Life InsuranF~ompany 51 Madison Avenue Ne,~. ?k, NY 10010 212 576-5077 Fax: 212 576-4545 -~ Harry G. Hohn Chairman of the Board SENT ViA FACS~ILE January 3, 1994 Mr. Albert J. Krupski, Jr. Vice President Board of Town Trustees Town of Southold Town Hall 53095 Main Road P,O. Box 1t79 Southold, New:York 11971 Dear Mr. Krupski: Re: Hohn Catwalk: Aborn Lane Because of business trips outside of New York and a heavy business meetings schedule, I will not be able to attend the January meeting of the Board of Town Trustees. Under the circumstances, I would greatly appreciate a postponement of any heating onthe above matter during the January meeting of the Board of Town Trustees. As You know, other matters have come up with respect to this application, including a letter from the New York State Department of Environmental Conservation. This and other items are in the possession of my lawyer and we will need time to consider appropriate future steps. Fax; 212 576-4545 ~12 ~76 4~45 1/1 SENT VIA FACSIMILE November 17, t993 Mr, Albert J. Knlpski Jr. Vic~ President Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Sodthold. New York 1197: Re: Hohu Catwalk: Aborn Lane _:~:-: de: :op~:ent~ vic ~es; :ct -~ t!:~ at:~ve ~u~ct mm:~r wh~e o~ of Ge cram:j, i m: ,t ~;.:pa:~ :o re ~e.: ~:~ prQec: at your Bo~d of Trustees meeting, Sincerely, cc: Ed Dieffenbach NewYorkUfelnsurance~pany 5i Madison Avenue, NewY~/qY 10010 212 576-5077 ~-' Fax: 212 5764545 Harr~/G. Hohn Chairman ofthe Board October 18, 1993 Mr. Albert J. Krupski Jr. Vice President Board of Town Trustees Town of Southold Town Hall 53095 Main Road PiO, Box 1179 S0uthold, New York 11971 TOWN OF S0 JTH0f [ Dear Mr, Krupsld: Re: Hohn Catwalk: Aborn Lane I understand that there is to be an inspection of the property in connection with the above matter on Thursday, October 21. Unfortunately, I will be out of the ~ty on c0mpany business that day and will not able to be at the property on ~t dat~ Ed Dieffenbach, who has been associated with the development of the property since 1989, will be at the site and has full authority from me to make my views known on this matter. I also understand that the next hearing scheduled by the Board of Town Trustees is Thursday, October 28. Unfortunately, here again, I will be out of the country on company business and will not be available to attend that hearing. Under the circumstances, I would like you to put the hearing off on the above matter until the November hearing, cc: Ed Dieffenbach New York Life Insurance~pany Avenue. New Y~_~IY 10010 51 Madison 212 576-5077 Fax: 212 576-4545 Harry G. Hohn Chairman of the Board October 13, 1993 Mr. Albert J. Krupski, Jr. Vice President Board of Town Trustees Town of Southotd Town Hall 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Dear Mr. Krupski: Re: Hohn Catwalk: Aborn Lane Thank you for your patience and good judgment at the Board meeting on September 30 inthe handling of my permit request to construct a catwalk. BACKGROUND For the record, I must first note that I have not taken any actions outside of the ~ermits granted to me by the Town of Southold, the DEC and other governmental agencies. Everything has been done within the letter and spirit of ~hose permits. This can be demonstrated by a review of the property and improvements since we began the subdivision and building process in the latter part of 1989. The only minor misstep was one covered in the Board letter of July 24, 1990 (copy attached). That activity was limited to taking down only a few trees that were diseased and were interfering with other healthy growth. As you will see from any current visual inspection, the vegetation within 75 feet of the wetlands on Lot #3 is more than robust and in no way has been tampered with by me or any other person. We have been environmentally sensitive, not only for the residents and natural habitat of Nassau Point, but for our enjoyment and the enjoyment of generations of my children and grandchildren. New York State Department of Environmental* Co Building 40--SUNY, Stony Brook, New York 11790-2356 ~ o OF SOUTHOL Thomas C. Jorling Commissioner To: From: Subject: Date: Bob Thurber Kevin R. Du Bols Holm: Proposed Catwalk Installation, Also see Permit # 1-4738-00203/00001-0 October 22, 1993 Tidal Wetlands Subdivision The Department received phone calls from George B~rrell (an adjacent neighbor) and Linda Lew (North Fork Environmental Council) on or about September 30, 1993 concerning a rec~nt Southold Trustee application for a catwalk originating on subdivided lot 3?3, bisecting the existing tidal pond. and landing on the beach within the property boundary of lot gr2. They were concerned the proposed activity would be undertaken without DEC review and asked if the Department had received any similar applications from Mr. Holm. I searched Division of Regulatory Affairs card,files and found, that no application for a catwalk or any other type of access or right-of-way had been~ap~plied foz l~y ~..Holm: They were also concerned that the proposed structure would have a significant [negative) impact on the existing tidal wetlands benefits especially with regard to the maintenance of wildlife habitat. Southold Trustee A1 Krupkski was scheduled to inspect the subject property, lot #3. and I asked permission to join him. A joint inspection was scheduled for October 21. 1993 I inspected the pond site at or about noon on October 21, 1993. Trustee Krupski was not present when I began my inspection but after poking around a bit I was met by Mr. Burrell and his daughter. Certainly the proposed activity, as it was described to me (we have no application or proposed plans to refer to) would be regulated by DEC and would require a State Tidal Wetlands permit prior to installation. From the beach. Mr. Burrell also pointed out an existing and maimained upland path that he said had been historically used for access to the beach. I followed the path and it led around the seaward side of the house on lot g2 and directly up to the house on lot #3. Please see the attached sketch showing the apprordmate path location. It would seem that this path would obviate the need for catwalk access. In advance of an application, let me say that the Bureau of Marine Habitat Protection (BMHP) would object to any catwalk crossing the existing tidal pond. This site is within the Peconic Bay Critical Environmental Area and is documented to support habitat and breeding sites for threatened and endangered species such as the piping plover and least tern. Not withstanding the questions regarding, the riparian right of Lot owner ge2 to access the beach Page 2 Subject: Holm: Proposed Catwalk Installation October 22. 1993 on another lot (#3), BMHP would object to the proposed project as it would not meet the standards for permit issuance as described in Sections 661.9 (b)(1). The proposed project is not compatible with the policy of the Act to preserve and protect tidal wetlands and to prevent their despoliation (661.903)(1)(i). The proposed catwalk, even if built 4' over grade, will shade wetlands directly underneath the structare as well as adjacent vegetation v~ithh~:the structure's ~hz~de envelope (depending'~on the angle of the sun and structure orientation). Recent studies have also shown that the installation of the structure tuay destabilize underlying sediments and accelerate erosion of the vegetated wetlands within the structure's vicinity. The proposed catwalk will be a conduit for human activity, noise, disturbance and pollution, not currently existing, and will have an undue adverse impact on an area that currently provides habitat for wading shorebirds, such as herons a~d egrets, and other seasonal and migratory waterfowl. Current studies also suggest that catwalksldel~ver new and/or inCreased predatory activity (dogs, cats, etc.) into the marshes they ~ross dimi~ishin~g.their ability to ~upport active wildlife populations. Certainly, a catwalk bisecting an.o~erwise unaltered tidal pond (no decks, piers, bulkheads, etc) would diminish the aesthetics ot~ this ,~ sett~g. The proposed project is "not reasonable and necessary taking into account such factors as reasonable alternatives to the proposed, re~ated activity and the degree to which the activity requires Water access or is water dependent (661.9(b)(1)(iii). First of all, access to a beach from the upland is not a,watef-dependent activity. Nor. in this case, does beach access require water access. The p[oposed catwalk is not reasonable or necessary because access is afforded via the upland path pre,iously described. Use of the upland path is an alternative that provides the same access q~enefit without any of the associated impacts to tidal wetlands. Likewise, the Department would object to the clearing of a path through existing wetland vegetation for the purpose of beach access. The Uniform Procedures Regulations. 6NYCRR Part 621.14. provides the framework for DEC to initiate permit modifications, suspensions, or revocations based on the criteria set forth in paragraphs 621,14(a)(1-5). Subparagraph 4 states that the grounds for modification include: "newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit". This newly proposed access, to be provided to lot #3 and crossing the existing tidal pond. was never identified in the subdivision request; permit 1-4738-00203/00001-0. If it had. the Page 3 Subject: Hohn: Proposed Catwalk Installation October 22. 1993 Department would have objected based on the grounds stated earlier and. as an alternative, would have required the owner to provide access via the existing upland path. Anticipating the eventual request for DEC approval for the catwalk, to save the owner application fees: in the face of conceptual denial, and, most importantly, to avoid any damage to the existing critical environmental habitat, please modify the existing subdivision permit to include the following speci~l conditions: "If access to the beach, fronting Great Peconic Bay, is to be provided to the owner of lot #3 as identified on the DEC.subdivision survey dated approved 5-28-91 RNT, then the owner(s) of lot #2 shall deed a right of way or easement allowing for the use of the existing upland path: originating on the southern side of the house on lot #3. extending m a southwesterly direction through lot ~r2, from north to south along the seaward side of the house on lot #2, and then in a westerly direction to the beach". "Prior to the deeding of the subject easement or right of way, the permittee shall submit a plan or survey depicting the access route to the Division of Regulatory Affairs (Attention: Mr. Bob Thurber) for approval". "Any change in the location of the access path shall require further DEC approval as a modification of this subdivision permit". [ have discussed the proposed modification with Southold Trustee Kmpski and George Hammarth and both have been supportive. Please be advised that Jill from the Trustee's Office will be faxing to me today a copy of the Town's catwalk application (Hohn) including an alternative to cut a path through the vegetated tidal wetland and along a disputed (Burrell) right of way. In addition, she will be sending excerpts from the Piam~g Board minutes including: a certificate of abandonment for the right of way extending NW from the seaward terminus of Aborn Lane, the Planrfing Board resolution approving the existing subdivision including deed restrictions and couenants, and a photocopy of the Town's approved subdivision map. All documents will be forwarded to you ASAP. To avoid furore complications, I would appreciate it if you would expedite the processing of the proposed modification. Thank you for your attention to this matter! KDB cc: Trustee A1 Krupski, Southold Trustee's Office Moved by Bruce Loucka. seconded by John Holzapfel~t was RESOLVED to rec~end to the Southold Tow'~ I~,~;'d of Trustees APPROVAL of the ~land Application of JANET T. SWANSON 15-3-1 to construct stairs 61' overall by 4' wide with landing at top and landing in middle section; to replace in new location, storm damaged existing stairs. 1993 Ryder Farm Lane. Orient Vote of Council: Ayes: All Motion carried. Moved by Stephen Angell. seconded by John Hagerty. it was RESOLVED to recommend to the Southold Town Board of Trustees D~S~PROVAL of the Wetland Application of ~1~10~ 1~18-6-1 to construct new stairs and ca~wall~ from existing bulkhead to beach. The CAC recommends disapproval because there is no need for the catwalk across the pond. The catwalk would create an obstruction to wildlife and an intrusion to nesting birds on the beach. 8980 Nassau Point Road. Cutchogue Vote of Council: Ayes: All Vlotion carried. Moved by Bruce Loucka. seconded by Robert Keith. it was '~ RESOLVED to recommend to the Southold Town Board of Trustees TEMPORARY APPROVAL of the Wetland Application of Goldsmith's Boat Shop to install a temporary ramp made of C.C,A. pilings and 2 x 12 C.C.A. decking for the purpose of hauling and launching a seaplane and/or small boats. Ramp to be 40' long x 14' wide and will extend from bank to just beyond Iow tide line and will be remo~/able. The CAC recommends approval' only for a TEMPORARY PERMIT of TWO YEARS. Since applicant describes the project as temporary, the permit should reflect the approval for onty a limited time. If. after the two year period, the applicant still wishes to have the ramp available, he would have to reapply for a permanent permit. Main Road. Southold. Vote of Council: Ayes: ~AII Motion carried. Moved by Bruce Loucka. seconded by John Hagerty. it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of ANTHONY AND VIOLET TAMBURRINO 88-5-56 ~o extend existing bulkhead return 10' landward and fill void with 4-5 c.y. clean fill. 85 Waters Edge Way. Southold Vote of Council: Ayes: Bruce Loucka. John Hagerty. John Holzapfel. Robert Keith. Patricia Isaksen. Betty Wells Nay: Stephen Angell tax: 212 576-454~ H~r~ 6. Hoh~ October 18, 1993 Mr. Albert J. Krupsld Vice President Boa_rd of Tow.;: Trastees Town of Sou;hoid Town ~ 53095 M~Sn goad P.O. Box 1179 S,-.,.>.<.la New York cc: Ed NewYork Life lnsurance Company 51Madison Avenue, New York. NY 10010 212 576-5077 Fax: 212 576-4545 Harry G. Hohn Chairman of the Board October 13, 1993 Mr. Albert J. Krupsld, Jr. Vice President Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TOWN OF SOUTHO LD Dear Mr. Krupski: Re: Hohn Catwalk: Aborn Lane Thank you for your patience and good judgment at the Board meeting on September 30 in the handling of my permit request to construct a catwalk~ BACKGROUND For the record, [ must first note that I have not taken any actions outside of the permits granted to me by the Town of Southold, the DEC and other governmental agencies. Everything has been done within the letter and spirit of those permits. This can be demonstrated by a review of the property and improvements since we began the subdivision and building process in the latter part of 1989. The only minor misstep was one covered in the Board letter of July 24, i990 (copy attached). That activity was limited to taking down only a few trees that were diseased and were interfering with other healthy growth. As you will see from any current visual inspection, the vegetation within 75 feet of the wetlands on Lot #3 is more than robust and in no way has been tampered with by me or any other person. We have been environmentally sensitive, not only for the residents and natural habitat of Nassau Point, but for our enjoyment and the enjoyment of generations of my children and grandchildren. CERTIFICA McKNIGHT KOL£ OF ABANDONMENT E, residing at 631 I SOUTHOLD TOWN I PU~NNINO BOARD Bentley Drive, EDA L. NapLes, Florida 33963, for t~ cancelling the subdivision of and hereinafter described, pul of the Real Property Law of tl certify: (1) A certain map ~ tract, and oth~ '--. Southold, Coun blocks, and st e purpose of abandoning and a certain tract of land owned by her suant to Subdivision 3, Section 335 .e Sta~e of New York, does hereby res filed which subdivided such ~r land, situate in the Town of :y of Suffolk, into lots, plots, :eets. Said map is entitled "Map of Proposed Subdi~ Properties, In( County, NoY." ~ Clerk of the C~ Map No. 745. (2 More than twen filing of the (3) The tract of subdivision of FILE~ cancelled, is Southold, Suff N0¥ ~0 1991 and described ~ _~ -~ ~ ~..~""~ a n d made a ¢._.DW/~RO P. , CI.~P,K OF SuFFOLk, C'-~'~'~' · ision, Section B, Nassau Point Club ., Situate on Nassau Point, Suffolk ~nd was filed in the Office of the ~unty of Suffolk on October 4, 1919 as :y (20) years ;aid map. have elapsed since the lnd owned by the undersigned, which is to be abandoned and the situate wholly in the Town of \ Dlk County, New York, and is known as in "Schedule A", annexed hereto part hereof. 11 92 4 FILEDNgV201991 (4) The tract of land for which the subdivision is to be abandoned is greater than one-half acre in area. (5) Said EDA ~'; McKNIGHT KOLBE DOES HEREBY ABANDON AND CANCEL the subdivision of the tract of land described in "Schedule A" hereof, which said abandonment shall be effective, and said subdivision shall no longer exist, upon the due approval and recording of this certificate. (65.. Endorsed hereon is the approval of the Assessor of the Town of Southold. (7) Submitted herewith is an Abstract of Title to the property described in "Schedule A", the subdivision of which is to be abandoned~ covering' a period of at least twenty (20) years last past, and a report of a tax search by the Title Examiner, to the effect that there are no unpaid tax liens against the said property (to be approved by the County Clerk of the County of Suffolk at the time of recording hereof). on the IN WITNESS WHEREOF, this Certificate is made and executed Au gu s 5 -~O day of Septembe.r-, 1991. EDA L. STATE OF Florida ) ) ss.: COUNTY OF Collier ) c~me EDA Augusn On this 30th day of ~ ...... e~, 1991, before me personally L. McKNIGHT KOLBE, to me k~own to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. F~OTARY PG~BLIC S?~T~ OF FL~tDA NY CO~F,~ISSION EXP SEPI,]4, ~O~DEO TH~U ~£NERAL INS. SCHEDULE "A" DESCRIPTION OF PROPERTY ¢.,~.u Lna~ certa,n plot, p~ece or iSarcei of land situate, lying and being at Nassau Point, Tcwn of Southold. Suffolk County, N,.w York, moro particularly bounded and osscribed as follows: BEGINNING at the point formed by the intersection of the southeasterly line of Aborn Lane and the southeasterly end of a fifteen (15) foot wide right-of-way which forms par,~ of the boundary of the premises about to be described, which point is situate South 54° 42' 00' West. 730.00 feet from the point formed by the intersection of the sou~neasterl¥-i~ of Aborn Lane and the westerly tine of Nassau POint Road, and RUNNING THENCE, South 54° 42' 00" West. 286.09 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following two (2) tie-line courses and distances: (1) No~h 45° 02' 09" WesT, 49.76 feet. and (2) North 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Maude B. Hammer; thence North 54° 42' 00" East. along last mentioned lands, 143.03 feet more or less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide right-of-way, as the same winds and turns, a distance of 255 feet. more or less, to the southeasterly line of Aborn Lane and the point or place of beginning, and comprising an area of 0.893 acres, be the same, more or less, being and intended to be the southerly part of Lot 93 as shown on the "Map of Proposed Subdivision, Section B, Nassau Point Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y%" filed in the Office of the Clerk of the County of Suffolk on October 4. 1919 as Map No. 745 and on the "Amended Map A of Nassau Point, Owned Dy Nassau Point Club Properties Inc., S~tuate in Town of Southold, Long Island, N.Y.," filed in the Office of the Clerk of the County of Suffolk on August 16. 1922 a~ Map No. 156. Assessors APPF I, ROBERT I. SC09 of the Town of S( OVAL OF ASSESSOR JR., Chairman of the Board of ,uthold, County of Suffolk, State of New York, do hereby approve th~ foregoin~g Certificate of Abandonment of ~u~ii~o~f, ~t~diB~i~t~a~a~o~i~ ~e~i~P~, Situate on Nassau Point, Suffolk County, N.Y.", filed October 4, 1919, as MaD No. 745. STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this~-day of October, 1991, before me personally came Robert I. Scott, Jr., to me knq~n to be the Chairman of the Beard of Assessors of the Town of S~uthold and to be the individual described in and who execu{ed the foregoing instrument, and acknowledged that he execu~ed~ the same. NOTARY PUBLIC PLANNING BOARD MEMBERS Bennett Orlowski. Jr,, Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L, Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October t, 1991 SCOTT L. HARRIS Supervisor Town Hail. 53095 Main Road P.O. Box 1179 Sou~thold. New York 1197] Fax (516) 765-1823 John M Wagner Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, New York 11901 Minor Subdivision of Harry & Janet Hohn Nassau Point Road, Cutchogue SCTM~t000-118-6-1,3.1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Plan~ing Board at a meeting held on Monday, September 30, 1991. WHEREAS, Eda L. McKnight Kolbe is the owner of the property known and designated as SCTM$1000-118-6-1 and 3.1, located at Nassau Point Road and Aborn Lane in Cutchogue; and WHEREAS, thisminor subdivision, to be known as Minor Subdivision for Harry G. and Janet Hohn, is for 3 lots on 7.368 acres; and WHEREAS, the Southold Town Planning Beard, pursuant to the State Environmental Quality Review Act, (Article 8)~ part 617, declared itself Lead Agency and issued a Negative Declaration on March I1, 1991; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 9, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and Page 2 Harry & Janet Hohn be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated September 16, 1991. It was noted for the record that the Planning Board's approval did not refer to any land outside the boundaries of the subject parcel. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat nou so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. ' , ' ~ 3 Chairman Encl~ cc: Victor Lessard, Principal Building Inspector Robert Scott, Assessors~Office DECLARATION OF COVENANTS AND RESTRICTIONS. THIS DECLARATION, 1991, by EDA L. Naples, Florida "Declarant"; WHEREAS, the Declarant is the owner Nassau Point, in the Town of Southold, County State of New York, which made as of this ~0 day of September, McKN~GHT KOLBE, residing at 631 BentleyDrive, 33963, hereinafter referred to as the at , and property'is particularly described in "Schedule A" iof Harry.~nd_ Janet Hohn," made bylJohnJ.: Raynor,~ P.E. & L.S., I000 iP.C., dated January 31, 1991, and last revised September 16-, 1991 .(hereinafter "the subdivision map"); and ' WHEREAS, as a condition'of~¢ the .lB.O0 ......... subdivision map, the Planning Hoard of the Town of Southold has ---'j~ .... 'required that the subdivision property be subjected to certain )6.00 ~ · · ~restrlctlons; annexed hereto and is shown on-eMinor Subdivision Map NOW, THEREFORE, it is hereby decl llows: 1. There shall be no further subdivisl di£X0n, no lot less its 001.000~f any lots shown on said subdivision ma ~ine shall be changed in any manner at any authorized by the Town of Southold Planni successor body. Y 2. So as to minimize stormwate]:'~ grading within each lot shall be limited ~ siting and constructing a house and ~ts access. ~Pos ion - f 11343 g238 structures, and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, including~.~ut not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. To preserve and enhance the woodland nature of the subdivision property, withi~ any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes with trunks greater than three (3) inches in diameter shall be preserved, except where removal of such trees and bushes is necessary for construction or maintenance of access driveways to the subdivision lots, as set forth herein or shown on the -subdivision map. 5. Within each 20-footJwide area on the subdivision map that abuts Nassau Point Road and is designated "Non-Disturbance Area," natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. i as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bulkhead. - f 11345 239 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. t to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on LOt No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff" shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width. Such access driveway shall be located within the building envelope for Lot No. 1 as shown on the subdivision map. From the northeasterly boundary of the buildinq envelope for Lot No. 1 to Nassau Point Road, the location and direction of such access driveway shall be such as to avoid disturbance, so far as possible, of mature trees. 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. 11343P 240 12. Lot No. 3 shall have access to and from Aborn Lane by means only at approval of the existing driveway shown on the subdivision map. 13. These covenants and restrictions can be modified the request of the then owner of the premises with the of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their co~sent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable fo~aI violation of the covenants or restrictions herein cDn~ained unless she or they shall be the owner or owners of tbs land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above written. EDA L. McKNIGHT KOL~BE 11343 241 f STATE OF FLORIDA ) COL~TY OF COLLIER ) On the 7-~rA day of September, 1991, before me personally came EDA L. McKNIGHT KOLSE, to me known and known to me ko be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTARY PUBLIC NOTARY PUBLIC STATE 0~: MY COMMISSION EXP. AU~.~I_;~,~ BONDED THRU GENERAL iNS. UNL, SCHEDULE "A" DESCRIPTION OF PROPERTY DECLARANT: EDA L. MC KNIGHT KOLBE ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southold, Suffolk County, New York, more particularly bounded end described as follows: BEGINNING at the point formed by the i~tersection of the southeasterly line of Aborn Lane and the westerly line of Nassau Point Road, and RUNNING THENCE southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 226.25 feet, more or less (tie line bears South 04© 05' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the following three (3) courses and distances: (1) South 54° 42' 00" West, 200.00 feet; (2) South 09° 48' 00" West, 120.00 feet, and (3) North 54° 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 100.56 feet. more or less (tie line bears South 12° 22' 10" East, 100.37 feet) to lands now or formerly of Marie & llse Trombone; thence South 54° 43' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and tums, the following four [4) tie-line courses and distances: (1) North 37° 19' 15" West, 67.74 feet; (2) North 40° 59' 50" West, 205.42 feet; (3) North 45° 02' 09" West, 127.84 feet, and (4) North 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Ma~ude B. Hammer; thence North 54° 42' 00" East, along last mentioned lands, 143.03 feet more er less to the southerly line of a t5 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly Iine of Aborn Lane; thence North 54© 42' 00" East, a~ong the southeasterly line of Aborn Lane, 730.00 feet to the point or place of beginning, and comprising an area of 7.368 acres, be the same, more or less, a portion of which being and intended to be the southerly part of Lot 93 as shown on the "Map of Proposed Subdivision, Section B, Nassau Point Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y.," filed in the Office of the Clerk of the County of Suffolk on October 4, 1919 as Map No. 745 and on the "Amended Map A of Nassau Point, Owned 6y Nassau Point Club Properties, Inc., Situate in Town of Southold, Long - · sland, N.Y. f led In the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156. Love Lane, PO Box 799, Ma~ituck, NY 11952 516-298-8880 September 30, 1993 John Bredemeyer III, President Southol~ Board of Trustees Southold Town Hall Southold, NY 11971 Re: Application of Harry Hohn to erect 4' x 240' catwalk SCTM9 118-6-1 & 1.3 Dear President Bredemeyer and Southold Trustees, On behalf of the North Fork Environmental Council (NFEC), I like to raise a numbe~ of matters of concern regarding this application. would The Negative Declaration issued on August 26, 1993 lists this as a Type II action. We believe that this should be designated an unlisted action~ as it is not an accessory use. The catwalk is to be constructed across a pond and onto a beach of the Peconic Bay. This is a Critical Environmental Area (CEA); all unlisted actions in ~ CEA are by statute Type I actions. (see Section 617.4(h) and 617.12(12) of 6 NYCRR Part 617). Therefore, the Short Environmental Assessment Form is inadequate and a Long Environmental Assessment Form must be submitted. The Negative Declaration also states that no significant adverse effects to the environment will occur as a result of this action. We disagree. The pond is home to osprey, egrets, blue herons, and swans. It is also a feeding ground for migratory birds, including Canadian geese, mergansers~ and bufflehead ducks. This catwalk will disrupt the feeding and nesting areas of these birds, as well as obstructing the "take-off and landing" patterns of the larger birds. In addition, the catwalk ends at the beach, in the middle of a tern nesting area° The proposed catwalk is unnecessary to provide access~to the beach. There is an existing path on the applicants' own property which has been used as the beach access for prior residents. This path has been used for several decades. Any impact its use might have on the pond has already been experienced. The catwalk will add a new burden on this environment. Just because the pond is not "pristine" is not sufficient reason to further jeopardize this habitat. a non-prot~t organization for the preservation of land, sea, a~r and quali~y of llfe prln~ed on 100% recycled paper The applicant ~has a history of disregard for the restrictions on this wetlands area. In 1990 the Trustees informed the applicant that "any further activity in the area without...a permit...may result in a violation." The NYS Department of Environmental Conservation [DEC) has also issued a violation on'this property. We do' not believe that disregard for the regulations of our Town and State should be rewarded by granting a permit for an unnecessary and environme'ntally harmful structure. In conclusion, the NFEC must insist that theSouthold Board of Trustees take another look at this application. It must be designated a Type I .action with the corresponding submission of a Long Environmental Assessment Form (LEAF) to adequately address the potential impact on the habitat of this pond. In fact, we believe that the application demands a full Environmental Impact Statement. We would suggest that re-examination of ~his proposal might indicate that the construction of a catwalk will cause much greater harm to the environment than the Continued use of the already existing pathway. Thank you. Sincerely, Linda Levy Southold Coordinator North Fork Environmental Council George A., Lizabeth L. and Jennifer J. Bun'ell 550 Aborn Lane Nassau Point Cutchogue, New York 11935 September 30, 1993 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York Re~ Wetland Permit Application of Harry G, Holm Application Number SCTM#1000-118-6-1 & 1.3 Application Date 8/11/93 240 Foot Catwalk at the Border of Lot 93 and across Pond Dear Sirs: We are writing to urge you to deny the pending application because the proposed construction will significantly disturb and may eventually destroy the delicate wetlands environment of the pond and the wildlife it sustains. The proposed plan will affect both the fish and other marine life that live in this salt pond and the birds who depends on that aquatic life for their food, violating the strong policy of the State of New York to protect these irreplaceable resources. That policy was based on the findings of the State Legislature when they enacted the Tidal Wetlands Act. which now forms Article 25 of the New York State Environmental Conservation Law: The legislature hereby finds and declares that tidal wetlands constitute one of the most vital and productive areas of our natural world, and that their protection and preservation are essential. Among the many and multiple values of such wetlands are the following: Trustees of the Town of Southold - 2 - September 30, 1993 (a) marine food production--tidal wetlands are a~ essential area of retention, conversion and availability of nutrients for crustaceans and shellfish; they are nursery ground and sanctuary for many fin fish; they sustain microscopic marine organisms and vegetation which are essential in other food chains; two tldrds of the fish and shellfish are commercially harvested and two-thirds of sport fish depend on the marsh-estuarine system of the tidal wetlands at some point in their life cycle; (b) wildlife habitat--tidal wetlands are necessary as the breeding, nesting and feeding grounds and as cover to escape predators for many forms of wildlife, waterfowl and shorebirds; (c) flood and storm control--tidal wetlands are valuable and provide essential and irreplaceable protection in both flood and storm or hurricane weather conditions; their hydraulic and hydrographic functions serve as a natural buffer protecting upland and developed areas from storm tides and waves .... This pond serves all these purposes, and its location and vital vegetation make it particularly valuable and sensitive. For example, this pond supports sparthm grass and salicornia (not just the more common fragmides), as well as sea lavender. The migratory and indigenous birds which feed there include: osprey; egrets; black-crested night herons; great white herOn; blue heron; kingfishers (until the recent clearing by Mr. Holm to make way for his new beachfront mansion); swans; canadian and other geese; and merganser, buffieheads and other ducks. At least one of these migratory waterfowl--the blue heron--is specially protected by Fish and Wildlife provisions of the State Environmental Conservation Law because these birds are "nearly extinct." ECL § 11-0305(14). This pond is among those the State has classified as requiring the "most stringent "protection: Intertidal marsh and coastal fresh marsh tidal wetlands are the most biologically productive of all tidal wetlands areas. Furthermore, since they receive twice-daily tidal flushing, the products of vegetative photosynthetic activity and decomposition in these zones are readily transported to adjacent waters for use in the estuarine food chain. Their intertidal location also makes them among the most effective Trustees of the Town of Southold - 3 - September 30, 1993 wetland zones for flood and hurricane and storm protection. Both their intertidal location and their highly productive nature makes them among the most effective wetland zones for cleansing ecosystems and for absorbing silt and organic material. Because of these high values and their sensitive location at the land and water interface, intertidal and coastal fresh marshes must be the most stringentlyprotected and preserved tidal wetlands zones. Even small portions of these zones are critically important resources. 6 NYCRR § 661.2(d) (emphasis added). The development of property that had been a quiet one-family residence into subdivided lots has already destroyed trees and other vegetation that had assisted in erosion protection and been a home to wildlife. Until disrupted by Mr. Holm's recent construction, many of the birds mentioned above had roosted on trees which have been cut down to make way for Mr. Holm's recent construction of houses, stairs and walkways. One kingfisher in particular has lost his habitual roost, and this is but one of the birds which maintain habitual roosts who have been displaced by his development to date. In addition to the damage that has already been done, the proposed construction would have disastrous effects on the aquatic life of the pond, the birds that feed and roost there and perhaps totally destroy the pond altogether because of the attendant erosion. Negative Effects on the Marine Life We have spoken with the State Department of Environmental Conservation ("DEC ') in connection with the proposed construction, and, in addition to their comments described below, they expressed great concern that the slope for access to the proposed catwalk would allow excessive rainwater runoff and affect salinity of pond, thus destroying the marine life whose lives depend on the maintenance of a specific degree of salinity. In addition, the ground clearing necessary to gain access to a catwalk--on both the Aborn Lane side and the beach side~-would enhance erosion of adjacent soil and sand into the pond, either directly suffocating the aquatic life or indirectly killing them by altering the chemical balance of their environment. The proposed construction would also create an impediment to the already-precarious tidal flow, with consequent stagnation and loss of marine life in the pond. In this connection, we note how many immature forms of fin fish and shell fish © © Trustees of the Town of Southold - 4 - September 30, 1993 depend upon this pond as a nursery before they make their way into the bay to provide the catch of the East End's commercial and recreational fishermen. Tidal ponds are precarious environments, and any alteration can significanlly affect their health and viability. The siltation and obstruction engendered by this p[oject (and its undisclosed approaches) might very well destroy the pond entirely and would in any event threaten its aquatic life. Negative Effect on Birds Any change in the marine life of this pond would have devastating effects on local and migratory birds. As noted by the State Legislature with respect to all wetlands, this pond .in particular has great importance as a place for both indigenous and migratory birds to feed and roost. Any loss in the quantity or variety of the marine life in the pond will of course affect the birds that feed there by depriving both the indigenous and migratory birds of sustenance. Even a loss of depth from the additional erosion will affect food supply both directly, by killing off the marine life, and indirectly, by causing an earlier freeze-over and thus disrupting the feeding patterns of migratory birds. Apart from the loss of food and earlier freeze-over, there are additional risks to migratory birds~ for if they cannot use their habitual feeding grounds to gain adequate sustenance during southward migration, they remain too far north and die during the winter. Wholly apart from the loss of food and roosting area, the waterfowl may find themselves completely unable to land on or take off from the pond because their path will be obstructed by a walkway extending from one end of the pond to the other. Birds are already restricted by wind direction in their headings on take-off and landing, and especially in view of prevailing winds and need of clear, long runway for some of the larger birds to take off and land, they may 10se access to the pond altogether. Again, apart from any other effect on the pond, the proposed plan puts the 'beach "end of the walkway directly into and crossing a designated tern nesting area. Tern nesting areas are so sensitive that no spoil may be deposited in those areas and dredging is forbidden altogether during periods during which the nesting period, yet this proposal would put a procession of beach chairs and umbrellas in their very midst at the time when their breeding is at its most precarious point. Total Lack of Need for Any Disturbance of the Pond Until Mr. Hohn's purchase, for all time within record or memory, Mrs. Kolbe and her guests, on what are now lots 2 and 3, reached the beach by walking over Trustees of the Town of Southold - 5 - September 30, 1993 the land now designated by lot 2, which is now occupied by Mr. Holm. There is no reason that Mr. Holm's own successful petition to subdivide the land so that he can sell offs or rent subdivided parcels should now further burden the wildlife of the North Fork. If he believes that he will gain a greater profit by selling parcel 3 with access to the beach, he Can provide that access over his own land, which is the way it always has been done: Simply put, he would rather have his buyers afflict the pond life than his own backyard: Defects inthe Application The State Tidal Wetlands Act provides that the State will regulate 'lhe erection of any structures ... , the driving of any pilings, or placing of any other obstructions, whether or not changing the ebb and low of the tide, and any other activity within or immediately adjacent to inventoried wetlands which may substantially impair or alter the natural condition of the wetland area "and that "no person may conduct any of the [mentioned] activities ... unless he bas obtained a permit from the commissioner to do so. The permit issued by the commissioner shall be in addition to, and not in lieu of, such permit or permits as may be required by any municipality within whose boundary such wetland or portion thereof is located." ECL§ 25-0401(1)-(2). The following section of the Act provides that the "applicant shall have the burden of demonstrating that the proposed activity will bein complete: accord with the policy and provisions of this act." ECL § 25-0402(1). The DEC states that their authorization is necessary to issuance of any permit, that they have received no application, and that if any construction is commenced without their authorization, the Environmental Police Officer in Matt:tuck is to be advised so that he can halt the operations. The Town Wetlands Ordinance prOvides that any application must include '[Documentary proof that all other necessary permits and approvals have been obtained." Southold Code § 97-21 (emphasis added). The comments of the DEC clearly show that the condition of the Town Code concerning necessary permits has not been complied with by the applicant, and that failure alone should prevent the Town Board from granting the requested permit. Incidentally, in support of his successful application for that subdivision, Mr. Holm represented to the Senior Environmental Planner of the Suffolk County Department of Health Services that the lot he now proposes to sell with beach access over the proposed catwalk "may very well also be retained within my immediate family .... " © © Trustees of the Town of Southold - 6 - September 30, 1993 The sketch (which we object to in other respects) appended to Mr. Holur's application only shows a catwalk. As noted by the DEC, the catwalk will necessitate the clearing of plants and trees on both the Aborn Lane and beach termini to make a path to the catwalk itself. Since the areas which will have to be cleared are immediately adjacent to wetlands, their clearing will have to be the subject of additional permits. See 6 NYCRR § 661.4(b). In this connection, we note that the applicant has already significantly impinged on this wetlands area by building an enormous beachfront home and apparently neglected to seek a state permit for his construction of a catwalk and stairway to the beach, even though these structures were within the area regulated by the State Tidal wetlands Act. The applicant has also violated restricuons on clearing areas adjacem to wetlands in tearing down trees and vegetation on lot 3 without seeking permits from either the Town or the State. disregarding letters from the Town ordering him to cease and desist and ~ncurring a violation from the DEC for these destruction. What assurance is them that this new construction project will not expand beyond proposed limits, particularly in view of the past disregard for any restrictions, the absence of any mention of the clearing of wetlands that must attend the proposed catwalk and the absence of the second page of his application in which restrictions are supposedly stated? This Town's concern for the preservation of our wetlands is expressed in the enactment its own Wetlands Ordinance, in which the Town Board's Declaration of Policy well matches that of the State: The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. It is the intention of this chapter to protect the citizens of the Town of Southold by providing for the protection, preservation, proper maintenance and use of its wetlands in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize danger of flood and storm-tide damage and pollution and to Trustees of the Town of Southold - 7 - September 30, 1993 otherwise protect the quality of wetlands, tidal waters, marshes, shore lines, beaches and natural drainage systems for their conservation .... Southold Town Code § 97-11 (emphasis added). We share, and we believe the Town Trustees share, the concern for our wetlands and their marine and avian residents expressed in federal and state acts, like the North American Wetlands Act, the Migratory Birds Act. the Tidal Wetlands Act and the Fish and Wildlife Act, m name just a few of the most germane laws. We hope that the Trustees will carry out their responsibilities to protect wetlands from wholly unnecessary disturbance of this delicate and valuable environment by denying the requested permit for construction on the Pond. abeth '~L. Burrell - ~ ~nnffe¢ Burrel~{ " 0 George A., L'tzabeth L. and Jennifer J. Burrell 550 Aborn Lane Nassau Point Cutchogue, New York 11935 September 30, 1993 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York Re~ Wetland Permit Application of Harry G. Hohn Application Number SCTM#1000-118-6-1 & 1.3 Application Date 8/11/93 240 Foot Catwalk at the Border of Lot 93 and across Pond Dear Sirs: We are writing to urge you to deny the pending application because the proposed construction will significantly disturb and may eventually destroy the delicate wetlands environment of the pond and the wildlife it sustains. The proposed plan will affect both the fish and other marine life that live in this salt pond and the birds who depends on that aquatic life for their food, violating the strong policy of the State of New York m protect these irreplaceable resources. That policy was based on the findings of the State Legislature when they enacted the Tidal Wetlands Act. which now forms Article 25 of the New York State Environmental Conservation Law: The legislature hereby finds and declares that tidal wetlands constitute one of the most vital and productive areas of our natural world, and that their protection and preservation are essential. Among the many and multiple values of such wetlands are the following: A S S O C A'T E S ~ D V _: F, S N P u B L , C R E LAT EVEN-S MARKET N C. G O NS NG NYSDEC Regulatory Affairs Suny Building 40 Stony Brook, NY 11794 Augustt2,1991 RE: Destruction of trees, plants and other wetland area to the property of Trombone, 9180 Nassau Point Road, Cutchogue, NY 11935 Gentlemen: I understand the owner or occupant of premises immediately to the north of my property has been and is now cutting down trees and growth and otherwise destroying the contour of the beautiful and adjacent area. In doing so, he has come upon my land and has already destroyed all foliage and plantings which had been to my benefit. Incidentally, he has demolished portions of my garden which have taken me over 15 years to cultivate. I have brought all of this to his attenfi6n and he has ignored my request lo close this practice. Instead, I am now faced with 10 wheel macks on pathways used by me for many years, taking with it and destroying the dirt sides and trees as it comes down the pa~ on my property. There seems to be the attitude that my neighbor can do as he wishes since he is disregarding previous letters asking him to stop this activity. It is now apparent that he has misled me in all his intentions. ~rombone cc: Board of Town Trustees Planning Board zl 50 E DA F~ K AVE Xl U E SOU- (2 ~ 2) 684 -20" 0 NEW F ~ X v 0 R (2* k: N 0 0 6 2) 684-6383 550 Aborn Lane - Nassau Point Cutchogue, N. Yo 11935 (516) 734-5678 June 10, 1991 Mr. Walter Lindle¥ Senior Environmentsl Planner Suffolk COunty Department of Health Services Wastewater Management Section Suffolk County Center Riverhead, N. Y. 11901 Re: Harry & Janet Hohn SCTM# 1000-118-6-1-3.1 SCDHS Ref. No. 90-349 Dear Mr. Lindley: I wish to thank you for your courtesy and the opportunity afforded me to review the records on file at your office in the above matter. My delay in responding has been due to my inability to contact Dr. Grimes who, as has been previously noted is also an immediate adjacent owner to this proposed subdivision. This letter is more by way of concern that Dr. Grimes and I both have to the advisability of having an additional well or wells in fairly close proximity to our present well locations. We believe that it is truly a matter of concern when just about one quarter of the minimum requirements are met; particularly .when there is merely eleven inches of depth to the water, when the requirement is that there be 40 inches. The disparity is too great to overc6~e our concern or to be treated lightly .I have already had wells which have been replaced and relocated. Additionally there are a number of established lots which may make demands upon the water table in the future, and which m~y become prejudiced by reason of the subdivision and the proposal for an additional well or wells. At the present time there is another lot adjacent to this proposed subdivision, and this too may present additional problems with the water table which is reputed to be precarious. While this letter is being written to you as a Senior Environment Planner of the Suffolk County Department of Health Services, it may be that final determinations are either with the Southold Board of Trustees or the Southold Planning'Board. Mr, Walter Lindle¥ Suffolk Co. DePt. of Health Services June 10, 1991 - 2 - Since I am not certain what is procedurally correct, I am forwarding copies of this letter both to the Southold Board of Trustees, and to the Southold Planning Board. Cc: Royal Reynolds, Senior Public Health Eingineer John Bredemeyer, President, Southold Board of Trustees Bennett Orlowski, Jr., Chairman, Southold Planning Board Dennis Moran, P.E, Suffolk Co. Dept. of Health Services New York Life Insurance C~/~ny 51 Madison Avenue, New Yorl~ ~ 10010 212 5?6-5077 Harry G. Hohn Chairman of the Board March 28, 1991 Mr. Walter Lindley Senior Environmental Planner Suffolk COunty Department of Health Services Wastewater Management Section Suffolk County Center Riverhead, New York 11901 Dear Mr. Lindley: Re: Harry & Janet Hohn SCTM# 1000-118-6-1-3.1 SCDHS Ref. No. 90-349 The Hearing now scheduled by your Department for April 11, 1991 on the above is very important to me and my family. Therefore, I had clearly planned to attend along with experts, but now find because of the date this is not possible. On April 11, 1991 I will be running the Annual Meeting of the Foundation for Independent Higher Education. (I serve as Chairman of the Board of that charitable organization [Dro bono] to help meet the financial needs of the 660 member private colleges through coordinated corporate giving.) For the record, let me state what I have been attempting to accomplish over the last fifteen months with various governmental agencies. I wish to build a year-round home on Nassau Point to which I will retire full time in a few years. In order to be in that position I had to purchase the entire seven plus acre parcel of land now being subdivided. Each of the three Lots is substantially over the minimum land acre requirements. The vacant Lot (Lot #1) is the Lot on which we would like to build our home (the test well site). The contiguous Lot with the Beach House on it would be retained by me and would be used only for my four married daughters and their families, including our four wonderful grandohildren. By having this facility available, Janet and I will get to see our grandchildren on a regular basis. This alone is worth the fifteen month process. The third Lot (Lot #3) en Aborn Lane may very well also be retained within my immediate family if that is at all economically feasible. Thus, I am probably the most concerned party about the careful and prudent use of the land and all of its natural attributes and beauty. Many of the conditions imposed upon my simple use of the seven plus acre parcel are all very well intentioned but they do tend to restrict the application of good environmental judgment by me for decades in the future. Clearly what I am NOT is a developer or land speculator. This is to be my home and all I am asking for is an opportunity to be a respensible citizen in a community in which we have lived for almost ten years. For your further background I have enclosed a copy of the 1990 Annual Report of New York Life of which I am Chairman of the Board. I am not tooting my own horn but merely explaining my priorities. I don't have time for land speculation but want to spend all of my spare time building better relationships with my family and the Nassau Point community. cc: Royal Reynolds, Senior Public Health Engineer John Bredemeyer, President, Southold Board of Trustees Behnet~ Orlowski, Jr., Chairman, Southold Planning Board Attachment 14-16-,~ (2/87]-- 7c Purpose: The full EAF is designea to help applicants and agencies aetermme, in ~n orderl~aDner, whether a project or action may be significant. The question of whether an action may be significant i~£~.sy to answer. Frequent- Iv there are asl~ects of a project that are subiect ye or unmeasureable It is aJso understood that those who determine s~gnificance may have little or no format knowledge of the 6nwronment or may be technically e×Dert in environmental anal~ sis. in addition, many who haveknowiedge in one particular area may not be aware of the broader concerns affecting the question of significance_ The full EAF is in~endeo to ~rovide a method whereov applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, vet flexible to allow introduction of information to fit a projecl: or action. Full I:AF Components: The full EAF is comprised of three parts: Part 1: Provides obiectwe c~ata and information apout a given prolec~ apo its site. By identifying basic project data. it assists "a reviewer in the analysis mat takes piace in Parts 2 and 3. Part 2: Focuses~on ic~entlfving the range of possible imgacts that may occur from a otoiect or action, it provides guidance as to whether an impact is likely to be cons~derec small to moderate or whether it is a potentially- large redact. The form also identifies whether an impact can be m~tigazed or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the ~mpact ~s actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon rewew of the information recorded on this EAF ~Parts I and 2 and 3 if appropriate), and any other supporting information· ant considering both the mag~tucle anti importance of each impact, it is reasonably determineo by the lead agency that: [] A. The project will not result in any [arge and important impact[s) and, therefore, is one which will ~'~ot have a significant impact: on the environment, therefore a negative declaration will be pre~ared. I- B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project mav result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. ' A Conditioned Negative Declaration is only valid for Unlisted Actions MINOR SUBDIVISION OF HARRY G. 8, JANET HOHN Name of Action Planning Board. Town of Southold ., Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Date 1 (- PART 1--PROJECT INFOR~ATION Prepared by Project Sponsor NO'[ ICl-: [his doctJment is designed to assist in determining whether the action proposed may have a significar~ e · on the environment. Phrase complete the entire form. Parts A through E. Arrswers to these questions will be considered as part of the application for approval and ma~ be subjec~ to further verification and public review. Provide any additional info,marlo, you believe will be needed to complete Parts 2 and 3. It is expected that conmletion of the full EAF will be dependent on information currently available and will not involve new studies research or investigation. If information requiring such additional work is unavailable, so india-ate and soecify each insl ]nce NAME OF ACT[ON Minor Subdivision of Harry G. & Janet Hohn LOCATION OF ACTION {include Street Address. Munlcloali,y and County) Nassau Point Road. Cutchogue, Suffolk County. New York NAME OF APPLICANT/SPONSOR Harry C, g Janet Hohn BUSINESS TELEPHONE (212) 576 - 5077 ADDRESS New York Life Insurance Co,. 51 Madison Avenue CITY/PO I STATE I ZIP CODE New York NY 10010 NAME OF OWNER flf differenB BUSINESS TELEPHONE Eda McKnight Kolbe ( ) ADDRESS 631 [3entley Drive CITY/PO STATE ZIP CODE Naples FL 33963 DESCRIPTION OFACTION Subdivision of a 7.368 acre parcel into fou~ (4) single-family residential lots· Two of the three proposed waterfront lots contain existing dwellings. There is a bulkhead along the unimproved waterfront parcel's frontage on Great Pec~nic Bay. The fourth lot is upland. Individual wells and sanitary systems are proposed. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. I. Present land use: [~Urban []Industrial mResidential (suburban) E~Forest [~Agriculture 2. Total acrea(~e of project area: 7.368 acres, APPROXIMA'[ E ACREAGE PRESENTLY Meadow or Brushland [Non-agricultural) acres Forested ~. 66 acres Agricultural (Iocludes orchards, cropland, pasture, etc.) acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) .1 acres Water Surface Area .87 acres Unveg.etated (Rock. earth or fill) earth drives/beach .86 acres Roads. buildings a nd other oared surfaces .12 acres Other (Indicate type) landscaj)ed areas .76 acres ~Commerciat [Other [Rural (non-farm) AFTER COMPLETION acres 3.69 acres · 1 acres ,87 acres ,86 acres .72 acres 1.13 acres 3 What is oredominant soil type(s) on project site? P1vmouth loamv sand: Riverhead sandy loam & beach a. Soil drainage: IIIWell drained 100 % of site [Mf~deratel~ well drained % of site ~Poorl,. drained _ % of site b II any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS EBnd Classificatinn System? N/A acres. (See I NYCRR 370). 4 Ar(, them bedrock outcroppings on project ~ite~ [~Yes lane; a. What is depti] to bedrock? (in feet) 2 5. ,~'pvrox~mate percentage or proO~c 3ro ect site w~th slopes: B0-I0% ~ B10-15% _ 15 _ % · . . ~ 115% at greater 10 .._ % Registers or .-]istoric Places? ~Yes 7. Is prolect substantially contiguous to a site tisted on the Register of National Natural Landmarks? ~_~Yes 8. What ~s the depth of the water table? 0-31 in feet) 10. Do hunting, fishing or shell fishing opportunities presently ex.st in the aroiect area? ~Yes 1No 11. Does oroiecr s~te contain any soecies of plant or animal life that Js identified as threatened or eh()angered? ~Yes INa According ~o BYes ~No Describe A bluff and beach exist along portions of the property's fronta.qe on Great Peconic Bay aYes BNa If yes, exolain ;~No 15 Streams within or contiguous to proiect area: Unnamed tidal pond ~; creek a. Name of Stream and name of River to which it is tributar~ Great Peconic Bay 16 Lakes. 0ands. wetland areas within or contiguous to project area: a. Name Great Peconic Bay b. Size (in acres) 17. [s me sire servee bv existing oublic utilities? lYes [~No a] If Yes. does, sufficient caDacitv exist to a/Iow :onnection? ~Yes ~No b) If Yes, will tmorovements be necessary to al/ow connection? BYes ElNa 18. Is the site located n an agricultural district certified oursuant to Agriculture and Markets Law, Article Section 303 and 304? ~Yes ~lNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6177 lyes [~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I~Yes BNa B. Project Description 1. Physical dimensions and scale of project.(fil~ in dimensions as appropriate) a. Total contiguous acreage owned or controlleo bv project soonsor 7. 368 acres. b. Project acreage to be deveJoo~d: ~.368 acres initially; 7.368 acres ultimately. c. Project acreage to remain undeve]ooed none acres. d. Length of project, in miles: N/A [if apt~onriate) e. If the arc ect is an expansion, indicate percent of expansion proposed N/A %; f, Number of off-street 2arking spaces existing N/A ; proposed g. Maximum vehicular trips generated per hour 12 {u~on comoletion of project)? h. If resJdentiah Number and type of housing units: One Family Two Fami|v Multiple Family Initia~lv ~ Ultim ~elv ~ i. Dimensions [in feet) of largest proposed structure .. _ 35 height; tzT~:z~o~lwidth; uzl]~z~o~m length. j. Linear feet of frontage along a public thoroughfare project will o~cuov is? 330 ft. Condominium 3 3 Will dishlrbed areas be reclaimed? I~Yes ,7 [.3No E]N/A a If yes. for what intend _ purpose s the site being reclaimed? Landscaped areas around dwellings b. Will topsoil be stockpiled for reclamation? WYes Dl~lo ' c Will upper snbsoil be stockpiled for reclamation? ~lYes E]No 4. I Iow nlallv acres oi vegetation ttrees, shrubs, ground covers) will be removed from site? .97 acres. 5. Will any mature forest 'over 100 years olt9) or other Iocallv-imoortant vegetation be removed by this ~roiect? E~Yes WNo 6 If single ohase project: Anticipated period of construction 12 7. If multi-phased: N/A a. Total number of phases anticioated (number). b. Anticipated date of commencement phase I month c. ^pprox~mate completion date of fina phase month d. Is phase I functionally dependent on subsequent phases? DYes 8. Will blasting occur during construction? DYes 9. Number of iobs generated: during construction None 10 Number of iobs eliminated by this project None 11. Will project require relocation of any projects or facilities? months, (including demolition). 'fear. (including, demolition). year. L DNo : after project is comolete E3Yes ~'No If yes, explain 12. Is surface liquid waste disoosal involved? E]Yes JNo a. If yes. indicate type ot waste (sewage, industrial, etc.) and amount b Name of water bod~ into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~Yes t DNo Type Household sanitary wastes 14. Will surface area of an existing water bodv increase or decrease by proposal? E]Yes ~No Explain lg. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? ~Yes E~No a. If ves, what is the amount per month 1 .L~ tons b If yes. wii an existing solid waste facility be used? ~Yes E]No c. If yes, give name Southold Municipal Landfill ; location d. Will an? wastes not go into a sewage disposal s~ stem or into a sanitary landfill? e If Yes. explain ·Yes E]No Cutchogue E3Yes 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 anticinated site life? 18. Will project use herbicides or pesticides? [~Yes DYes [tlNo tons~month. years. I]No 19. Will project routinely produce odors (more than one hour per day)? DYes 20 Will nrolect produce operating noise exceeding the local ambient noise levels? DYes 21 Wi] project result in an i~ crease m energy use? IllYes E3No If yes indicate type(s) Electricity; fossil fuels 22. If water mt)ply is from wells, indicate pumping capacity 5 gallons/minute. 23. Tota.I anticipated water usage ner day 1200 gallons/day. 24. Does project involve Local. State or Federal funding? DYes If Yes, explain ~lNo 4 2..q. A?prova~s Reouired: ~/~ C Submittal Type Date City. Town 'viqage 3oard ZYes ~ Town V;II~s= ~lanning Board gYes CitY, Town Zoning Board r~Yes C;Lv, County Health Deoarrmen~ mYes Other Loca~ Agencies (Suffolk Cnty mYes Planning Commission ~Yes Other Regional Agencies ' State Agencies (NYSDEC) ~lYes Federal Agencies ~Yes ~No ~No []No F~No []No [No ,reNo ~No subdivision 2/6/90 wells g sanitary subdivision Tidal Wetlands Permit C. Zoning and Planning Information '1 Does proposed action in¥oive a planning or zomng decision? ~Yes ~No If Yes indicate decision required: -~zoning amenoment ~2zonmg variance [~soeciai use permit ~subdivision I~site plan ~new rewston of 'naster oJan ~resource management p,an ~]other. 2 What is the zoning classification(s)of the site? R-L[0 3 What is tt~e maxmhum potential devetooment of the site if developed as permitted by the present zoning? Zt may be possible no create an add'l lot given presen~ zoning restrictions. (However, the applican · no: interested in pursuin~ that alternative.) 4 Wh~a~ s me 0roposeo zoning of the site. N/A 5. What is the maximum ootentia( develooment of the site if developed as permitted by the proposed zoning.~ N/A 6. Is the proposed action consistent with the recommended uses i, adopted local land use pians.~ ~Yes ~No 7. What are the oredominant land use(s) and zoning classifications within a V~ mile radius of proposed action? R-40; sin.qle-family residential 8. Is the proposed action comoatible with adjoining/surrounding land uses within a % mile? ~Yes ~No 9. If the proposed action is the subdivision of land. how manv tots are proposed? L~ a. What is the minimum lot size proposed? 1.127 acres 10. Wi{ proposed action require any authorization(s) for the formation of sewer or water districts? [Z]Yes ~No 11. Wi{{ the prooosed action create a demand for any communiW provided services (recreation, education, police. fire protection)? I~Yes E3No a. If ves. s ex~sting capacity sufficient to handle proiected demand? I~Yes I-]No 12. Will the proposed action result in the generation of traffic significantly above present {eveJs? I--lYes ~No a. If yes, is the existing road network adequate to handle the additional traffic? C]Yes l-3No D. Informational Details Attach an~ additional information as may be needed to clarify your project, If there are or may be any ~dverse impacts associated with your proposal, please discuss such imoacts and the measures which you propose to mitigate or avoid them. E. Verification I certify treat the informano~ provided above is true to the best of my knowledge. Applicant/Soonsor Name Harry G. Hohn by William W. Esseks Date August 10. ~ Signature ~d~L,~._ ~/.~44~. ~ ~-- ~' Title Contract Vendee If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 [~k ~ ;~---PROJECT IMPACTS AND ~,..ZIK ~VIAGNITUDE Responsibility of Lead Agency General Information Read Carefully] ' In con' gleting the form the reviewer should be guided by the question: Have my responses and dete~inations been reasonable~ The reviewer ~s not expected to be an expert environmental analyst · IdentifyinR that an imoact will be potentially large (column 2) does not mean that it is also necessarit~ si[niiicanl. Anv large impact must be evaluated in PART 3 to determine s~gnificance. Identifying an n~pact in column 2 simply asks fl)at it be looked at further. · lhe Examples provided are to assist the reviewer by showing types of i~pacts and wherever oossible the threshold o[ magnitude that would tngger a response in column 2. The examples are generallv applicable throughout the State and for most s~tuations. ~ut. for any specific proiect or site other examo]es and/or lower thresholds ma~ be appropriate for a Potential Large Impact response, thus requirinB evaluation in ~art 3 · )he imnacts of each project, on each site. in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. The~ do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples ~er question does not indicate the importance of each question. · In identifyin8 ~mpacts. consider tong term. short term and cumlative effects. Instructions /Read carefully) ~. a. Answer each of the 19 questions in PART 2. Answer Yes d there will be any impact. h. Maybe answers should be considered as Yes answers. c. If answerin8 Yes to a question then check the approoriate box [column I or 2~ to indicate the ootential size of the impact If impact threshold equals or exceeds any example provided, c qeck column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as ~tentiall~ large and proceed to PART 3. e. If a [)otentiallv large impact checked in column 2 can be mitigated by change(s) in the proiect to a small to moderate indicates that such a reduction is not possible. This impact, also check the Yes box in column 3. A No response must be explained n Part 3. IMPACT ON LAND 1 Will the proposed action result in a physical change to the project site? E_]NO E]]YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, 115 foot rise per 100 ,foot of length), or where the general slopes in the protect area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of oaved parking area for 1.000 or more vehicles. o' Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. - Excavation for mining purposes that would remove more than 1.000 tons of natural material (i.e., rock or soil) per year. · Construction or exoansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts will there be an effect 1~....,y nmque or unusual land forms found on the siff'~? (i.e.. cliffs, dunes geological formations, eIc.)L~NO E~YES Svecific land form~: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change I [] [] I~]Yes ElNa [] [] ElVes E~No L~ [] ~]Ves E~]No [~ ~ ~Yes ~No ~ ~ - ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~ Yes ~ No ~ ~ ~Yes ~ No ~ ~ ~Yes ~No IMPACT O,N WATER 3 Will proposed action affect any water body designated as protected? (Under Articles 15.24. 25 of the Er~vironmental ConservaUon Law ECL) ~YES Examples that would apply to column 2 · Developable area of s~[e contains a oro~ectea water body. · Dredging more than 100 cubic yards of'material from channel of a protected stream. · Extension oi utility distribution facilities through a protected water body. · Construction in a designa[eo freshwater or tidal wetland. · Other ~mpacts: 4 Will DrODOSed action affect any non-protected existing or new bodv of water? ~]NO []YES £xamoJes mat would appw to column 2 e A 10% increase or decrease in the surface area of any body of water or more than a 10 acre Increase or aecrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other imoacts: 5 Will Prooosed Action affect surface or groundwater aualitv or quantity? ENO mYES Examples that would apply to column 2 · Proeosea Action will requite a discharge permit · Proposed Action requires use of a source of water cna[ does not have aDorova~ to serve groposed (project) action * Prooosed Action reqmres water supply from wells with greater than 45 gailons per minute pureeing capacity. · Construction or operation causing any contamination of a water supply system. · Prooosed Action wilt aaverselv affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadeauate caoacitv · Proposed Actior would use water 'n excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of ware[ To t!,e extent that there will be an obvious visual contrast to natural conditions. - Proposed Action will require the storage of petroleum or chemical products greater than 1.100 gallons. · Proposed Action will allow residential uses in areas without wa[er ane,'or sewer services · Proposed Action locates commerc~ 21 and/or industrial uses which may rec Jlre new or expansion of existing waste treatment and/or storage facilities · Other impacts: 6. Wi pro0osed action alter drainage flow or patterns, or surface water runoff? I-INO []YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 1 2 3 Sm~H to Potential Can impact Be Moderate Large Mitigated By Impact Impact Project Change [] ~ I-'lYes []]No [] ~ r-q Yes ~No [] [] F-~ Yes ~No [] [] J--]Yes F"l No [] Fl ~Yes ~No [] ~ F-lYes ONe [] [] ~Yes ~No [] [] : F-lYes ~No [] [] []Yes [] [] []Yes E]No [] [] E]Yes E]No [] [] E]Yes ~No [] [] E]Yes EZ]No [] [] ~¥es E]No [] [] EYes ~No [] [] [Z]Yes E]No [] [] r-lYes E]No [] ' [] ,, [~]Yes ~No [] ~ F-lYes E]No [] [] ~Yes FqNo [] [] ~Yes E]No · Proposed Action mav cause substantial erosion. · Proposed Action is inconl patible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other imf)acts: . IMPACT ON AIR 7 Will proposed action affect air quality? ~NO ~]YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips m any given · Proposed Action will result in the incineration of more than I ton of · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial develooment within existing industrial areas. · Other tint, acts: IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? C]NO E3YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, nsirlg the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9 Wil Proposed Action substantialiv affect non-threatened or non endangered species? [~NO ~YE ~ Examples that would apnlv to column 2 · Proposed Action would snbstantially interfere with any resident or migrator,/ fish, sftellfish or wildlife specms · Proposed Action requires the removal of more tha~ 10 acres of matgre forest (over 100 years of agel or other locally important vegetation IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will tim Proposed Action affect agricultural land resources? [~NO [~YES Examples that would apply to column 2 · 'ibc prolSosed activin would sever, cross or limit access to agricultura[ land [inclndes cropland, bayfields, pasture, vineyard, orchard, etc.] 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] []Yes [~]No [] [] [-1Ye~ [~]No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] E~Yes I~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes '~No ~ ' ~ ~tes ~Nt~ I · Construction activity would excavate or compact the soil profile of agricultural land · The proposed action would irreversibl', convert more than 10 acres of agricultural ~ano or. if locatec~ ~n an Agricultural Distdct more than 2.5 acres or agricultural land. · The proposed action would d~sruot or prevent installation of agricultural land management systems (e.~, subsurface drain lines, outlet ditches 5trtD croppmgJ; or create a need for such measures {e.g. cause a farm .field to drain poorly (]ue to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11 Wi[ proposed action affect aesthetic resources? ~NO OYES itt necessary_ use [ne Visual EAF Addendum in Section 617.21, Appendix B.) Examples that wou~a ao[~lv to Column 2 · ProDesed land uses. or protect components obviously different from or in shard contrast to current surrounding land use patterns, whether mammaoe or natural · ProDosen ]and uses. or prolect cpmDonenr~ visible to users of aesthetic resources which will eliminate or significantly reauce their enloyment of the aesthetic auaiities of that resource. · Proiect components Chat will result in the elimination or significant screemng of scemc views <nown to be important to the area. · Other ~mDacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any s~te or structure of historic, pre- historic or paleontological importance? ~NO EE]YE$ Examples [nat would alDDIV to column 2 · ProPosec Action occurring wholly or partially within or substantially conuguous to any facility or site listed on the State or National Register of historic places. · Any ~mpact to an archaeological site or fossil bed located within the proiec[ site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts:_ . IMPACT ON OPEN SPACE AND RECREATION 13 Will ProDosed Act]on affect the auanu[v or quality of existing or future open spaces or recreational oooortunities~ Examples ~hat would apply to column 2 ~NO ~YE5 · The permanent foreclosure of a future recreational OpPortunity · A major reduction or an open space important to the communitY. · Other impacts: g I 2 3 Smaii to Potential Can impact Be Moderate Large Mitigated By impact Impact Project Change F-] ~ ~JYes ~No [] ~ i ,_~Yes ~No [] [] ~Yes ?~No [] [] ~myes [] [] ~mYes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes '~No ~ ~ ~Yes ~No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ~]NO Examples that would apply to column 2 L~YES · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result i, malor traffic problems.' · Other impacts: .IMPACT ON ENERGY 15 wi] proposed action affect the community's sources of fuel or energy s'upply? E3NO []YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · OIImr impacts: NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or vibration as a resu]t of the Proposed Action? [NO ~]YE S Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinel,~ (more than one hour per day). · Prnposed Action will prodnce operating noise exceeding the local ambient noise levels for noise outside of structures. · Pronosed Action wi1 remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? E]NO E3YES Examples that would apply to column 2 · Prot~osed Action may cause a risk of explosion or release of hazardous snbstances {ie. e~l, pesticides, chemicals, radiation, etc.) in the event of acciden~ or upset conditions, or there may be a chronic tow level discharge or emission. · Propos~,d Action may result in the burial of "hazardous wastes" in any term (i.e toxic poisonous, hiRhl¥ reactive, radioactive, irritating, i~ffoctious, etc.) · Storage facilities for one million or more ga]ions of [iquified natural gas or other flammable ]i(ruids · Pruposed action inav resul! in tile excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous · Olhe- impacts: 10 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] ~ ~Yes []No [] [] [:]-Yes []No [] [] [:]Yes []No [] [:] [~]Yes []No [] [] []Yes []No [] [] [~]Yes J~JNo [] [] []Yes [~]No [] [] [:]Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes J:]No [] [] E:]¥es [=]No [] [] []Yes [:]No [] J [] []Yes [~No [] [] []Yes []NO [] [] J~Yes J:]No iMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will Drooosed action affect the character of the existing commumtv~ --NO ~YES Examples that would apply to column 2 · The oermanent 3ooulation of me c~w town or village in which the prolect ~s located is likely to grow Dy more than 5% · The municipal budget for caoltal expenditures or ooerating services will increase Dy more than 5% per yea[ as a result of this pro!ect. · Prooosed action wilt conflict with officially aoooteq mans ar goals. · Propose_d action will cause a change in the density of land use. · Proposed Action will reolace or eliminate existin§ facilities, structures or areas of historic imoortance to the community · Development will create a demand for additional commumtv services (e_g. schools, police and fire. etcd · Prooosed Action will set an import&hr preceaent for future proiects. · Proposed Action will create or eliminate err movment. · Other impacts: 19. Is mere. or ~s [nere likelv ~o be ootentiaJ adverse environmental redacts? I j .2 t 3 Small toI Potential Can impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] J--~Yes r~No [] [] J~,~ Yes [~No [] [] ,r~,' Yes ~No [] [] []Yes r-lNo [] [] J-'J Yes ~No [] [] []Yes []No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No public controversy related [o []NO FiYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) ~s considered to be potentially large, even if the impact(s) may be mitigated. ll'~lructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. E)escribe (if applicable) how the impact could be mitl§ateo or reduced to a small to moderate impact by project change{s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibiJitv, including permanently lost resources of va~ue · Whether the impact can or will be controllea · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known oD] 9ctlons to the prolect relate to ires impact. [Continue on attachments', 11 Appendix B State Environmental Quality Review Visual EAF Addendum SEQR This form the Full EAF. Visibillf~y 1. Would the project be visible from: A parcel of land which is dedicated To and available to the public for the use. enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of.land dedicated to public observation, enjoyment and appreciation of natural or man-mane scenic qualities? · A site or structure listed on the National or State Registers of Historic Places? · State Parks? · The State Forest Preserve? · National Wildlife Refuges and state game refuges? · National Natural Landmarks and other outstanding natural features? · National Park Service lands? · Rivers designated as National or State Wild. Scenic or Recreational? · Any transportation corridor of high exposure, such as part of the lntersta[e Sys[em. or Amtrak? · A governmentally established or designated interstate or inter-county foot trail, or one formally proposed for establishment or designation? · A site. area. ]aka. reservoir or highway designated as scenic? may be used to provide additional information relating to Question 11 of Part 2 of (To be completed by Lead Agency) Distance Between Project and Resource (in Miles) 0-~ V4 -1/2 1/2-3 3-5 5+ - [] [] F' [] [] [] [] [] _ -- [] [] [] [] [] · Municipal park, or designated open space? · County road? · State? · Local road? [] [] [] [] [] [] [] [] -v [] 2. is the visibility of the project seasonal? (i.e., screened by summer fo age, but visible during other E~Yes []No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? []Yes []No _ DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question i. check those which generally describe the surrounding environment_ Within *1/,~ mile '1 mile Essentially undeveloped [] ] Forested [] [] '- Agricultural [] [] Suburban residential [] [] Industria [] ] Commercial [] ] Urban [] [] River. Lake. Pond [] [] Cliffs. Overlooks [] [] Designated Open Space [] [] Flat [] [] Hilly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: *V2 mile []Yes []No '1 miles []Yes E~No *2 miles E~Yes []No *3 miles ~]Yes []No · Distance [rom project site areprovided for assistance. SubsUtute other distancesas appropriate EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work [] [] [] [] Involved in recreational activities [] [] [] [] Routine travel by residents [] J [] [] At a residence [] ~] [] [] At worksite [] [] [] [] Other [] [] [] [] o001 = ~N 'k±N~O0 Q3OH&~OS ~0 N~O± .LN!Od nVSSVN C/NV --I0 JVI4 .NOISIAIqS~9 I~DNII~ ±V~8 ~VNI d. z~ O~ ~ z ~L'Lg A-SI,6}oZ£ N o Z 0 ____.jo Y/JO 0~- ..juJ 0 o5~. Vi] OINOO_~J LITTLE ,~ '- ....... -- -~,_ '"~ ~-' . C2. . . . ....... , . . _ ..:-.... , , ,. SITE .... PLAN ~: ~"~'~" SITE DATA 003,001 C-1203 Geodet£o III 0 Project No: ql~lI Drawn By: I Checked By: ~ Scale: Sheet Title: Sheet No: 1 I 1 , ~~ ~ , . . --. .._ __ _ ....... / ~ ~~~ . , .... .......... , . .. f~ ~ _ O~ c~ ~,'~ --~ / . - ~f'~ : ,' ~ ...................... ~Ld~ * ,I , - ~ / ~ ~ ~ ~.~. / ~ . --___ ., __-- ~ ~-~, / Al I I ; // ----_ ..-' : ---- ~ I___ I / ~ ~ , , ~- ..-- ___ L~ ...... ~ ~ / ~ ~ '' '>'1 ~ ~ ' ' :.1 ~ ~ ', ~ ,, ~ ~-~, I,, :,' , : : ' '~ --- ':,'"'~'~ -' i : U~--~ :/ d~ ..... ~'~ ;~: : -, LI : ,-~. ~ Z7-' ~ ' z !~ ' ' ! ! ' , , , I , 81TE DATA --"-- ~ I i i New York, New York 10021 ~ ~ % ~ ~ ~x~s~i~ ~ Low-Densi~ Residential (K-40) ~ x ~ ~ ~ Zoning /~ /~ ,~ ~ ~ ~* ~' ~" ~ 7r~.~' F'~ site plan taken, from survey prepared by: John J. Raynor, P.E. & L.S., P.C. P,0. Box Deer field Green ~/F ~1~ ~ I~ ~~ Water' Mill N.Y. 11976 N.Y. Lic,~ 493[8 Elavations sho~ are based on National Genetic Vertical Dat~ of 1929, Z: Z Date: Sheet Title: ENLARGED'. SITE 'PLAN NO: Gl:lEA T PECONIC BAY NOTE: ALL COMPONENTS SHALL RECEIVE CCA TREATMENT AT A RATE OF 06 #/CF., EXCEPT POSTS RECEIVE VARIABLE*' *NOTE: POST PENETRATION INTO SAND VARIES. DRIVE POST THROUGH ANY UNSUITABLE SOIL ENCOUNTERED & INTO SAND TO SUCH A DEPTH TO ADEQUATELY SUPPORT WALKWAY. IF AREQUATE SUPPORT FOR WALK IS PROHIBITED DUE TO LACK OF PROPER PENETRATION INTO SAND BECAUSE OF DEPTH OF WATER, VEGETATION OR UNSUITABLE SOIL~ NOTIFY ENGINEER, 3"x o" LEDGER BOTH SIDES OF POST UNSUITABLE SOILS OR POND BOTTOM SAND ELEVATED WALK SECTION HO SCALE ?REPAREDJ JANUARY ES, IggO FROM SURVEY I/OR/( COMPLETEDx JANUARY 25, lggO REVISED: AUGUST 3, 1993 (PROPOSED WALKWAY) STAKE PROPOSED ELEV. LOCATION (240 L.F~) POND CONSERVATION EASEMENT AREA XISTING HOUSE 15£ EASEMENT AREA (COMMON DRVE - LOTS I & 2) 12.6 CONSERVATION EASEMENT /' AREA STAKES INDICATING LOCATION OF pROPOSED WALK SHQWN THUS, · NO TE$ ~ JOHN J. RAYNOR, P.E. & L.8,, P.C. O MAP OF PROPOSED WALKWAY PREPARED FOR HARRY G, & JANET HOHN SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCALE: 1" 50' AREA = 7.358 +/- ACRES [ TO TIE LINES ALOHG AVERAGE HIGH WATER 0F DEC,13,19S9 AND APPROXIMATE EDGE OF NASSAU POINT ROAD RIGHT OF WAY ] TAX MAP NO.: 1000-118,00-00.00-001.000 & 003.001 PREPARED~ JANUARY £3, 1ggO FROM SURVEY WORK COMPLETED~ JANUARY 25, 1ggO REVISED: JANUARY 4, 1991 REVISED: JANUARY 7~ 1991 JOHN J. RAYNOR, P.Eo & L.S,, P,C. POND AREA OF ~ 30% SLOPES' 0,048 ACRE Y F[ .'~. 1.247 ACRES 3.672 ACRES / a,~.4o' ' (EXCL. POND) 2~a01 ACRES {EXCL. POND) { r%, ~ 1.239 ACRES 366.32 NO TE$ ~ LOt NUMBENS SHOWN HEREON ~EFER m SUBDIVISION MAPS OF "PROPOSED SUBDIVISION SEC?ION B, NASSAU POINT CLUB PRO~ENTIE$, INC." FILE NO.7~E FILED OCTOBEE I, lBl9 AND "AMENDED MAP A OF NASSAU POINT" FILE NO./56 FILED AUGUST /~, 19£B IN THE SUFFOLK COUNTY CLERK'S OFFICE. NOTES: (1) ALL LOT AREAS AND DIMENSIONS ARE APPROXIMATE (2) UTILITIES AVAILABLE ALONG NASSAU POINT ROAD AND ABORN LANI (3) WATER SUPPLY I'O BE FROM INDIVIDUAL WELLS. (4) INDIVIDUAL SEPTIC SYSTEMS TO BE PROVIDED, SUBJECT TO SUFFC COUNTY DEPARTMENT OF HEALTH SERVICES APPROVAL LANE 2ON-USE 3,460 S.F. KEY HAP SCALE: 1" = 600' SITE DATA TOTAL AREA: 7,368+ ACRES NUMBER OF LOTS: 3 AVERAGE LOT SIZE: 2.456+ ACRES WETLAND AREA: 0.056 -+ ACRES POND AREA: 0.873~ ACRES FIRE DISTRICT: CUTCHOGUE POSTAL DISTRICT: CUTCHOGUE SCHOOL DISTRICT: NIATTITUCK-CUTCHOGUE ZONING DISTRICT R-40 APPLICANT: HARRYG, HOHN 200 EAST 66TH STREET NEW YORK, NEW YORK 10021 MINOR SUBDIVISION SKETCH PLAN PREPARED FOR HARRY G, & JANET HOHN SITUATE NASSAU POINT T0~N OF SUFFOLK SCALE= $0UTHOLD COUNTY, N.Y. 50' JAN - 9 1991 TAX MAP NO.t 1000-118,00-06.00-00~.000 & 003.001