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HomeMy WebLinkAboutTR-4081 iLT- RE- BoardSOUthold Town Trustee {� SOUTHOLD, NEW YORK �. PERMIT NO. 4osl DATE: .sep.t• . 18'.....L.992 �$ a ISSUED TO ...... ........Mat .-.A-.Near...M.arina.......... ............................ ............. Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the. j State of New York 1952; and the Southold Town Ordinance en- ' titled REGULATING AND THE PLACING OF OBSTRUCTIONS } �! IN AND ON TOWN WATERS AND PUBLIC LANDS and they°� `\ REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the kk Resolution of The Board adopted at a meeting held on Sept o,,. 17.2... >k !r aA .' 19...9....... and in consideration of the sum of $..:150.00.... aid b tt } ........D.Qon....C..Qck, .Q ...hl.eh,alf... f... att-A-Mar. Marina of .................. ................................... ............ ...... N. Y. and subject to the f Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: ' g Boat storage building located 65' from retaining wall on the i�"_ ' 'r, ��•; �M southern boarder of property 83+/_' from high water mark 4 of "Peters Creek". #ail all in accordance with the detailed specifications as presented in f the originating application. f,. s IN WITNESS WHEREOF, The said Board of Trustees here- ., by causes its Corporate Seal to be affixed, and these. presents to a� be subscribed by a majority of th said Boar as of this date.01 p 1 r r �... ......... B 9! Trustees l r-r�f�.'i�,�ti r,tie„..+�. a,.� �'.:�1.x ew'...�i`.X'.: .s a • � r,�,.v s..G�:at=.7a �s a .d l ,„a py�s�Tar -.a e�sdG:�c1w,�.�'y ,r� •'P' A t a r „ - I „ , . y , - .. '� , T' ..j'.A'" a, .. : i . r - 't. a :) M' s . - - r - . , ' : 'j , , , , r i j. 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Yb 4,—, ; - # ..., � \ C 1000 114 03 01 - � 7-"', } 1 , \ \ ' . < `.1 ro� 1: 4 0 ,1. . - S ALE11 5 OI rI ,k , " � I APPR OXIM ATE SHORE NE ,. ,HIGH 'WATER MAJAK \L A J ;-­ : - I ? / 4f , FE S. 22 1989 ' F� { I- f1 ?Ow �/ _ 20xres e 0mr * d k 1 . I f 1 ,51ackp� e5 ( & ac ,,,. l- 6e, ,- -C , _ j " j `* - P"T ,A " � MAR 21 19,89 * . ", , I FED. 6t 1992 (SanfloPy Design ) \ P f C K CRE- L X MAR. 9 9 (0apI -,&,5"' at% I - M A TT I T U / 19 . . . , , AND ' NOTE -s � : R ET ' lt.?,,, , , , C<0 - . f / SITE PLANO ftdAT M014.7M.P, OFF)CE & c , ' G F� ��4 0 - ,I SITE PLAN BY' J. HYMAN, P.E, DATED DEC. 1986 - n , I t 0 I -0 � ACTUAL­FIE D-DATA AND OFFICE INFORMATION4 . % � - AP ;)E, 0 1992 ... *, 4, . CONTOUR LIAES AND ELEVATIONS ARE _ 'I t I . = 875Ct REFERENCED TO NGV0. I . I , , '4 AREA ARES I _ ,; N.Y.-'S. LIc- , 0. gal e ,/ I * GAS A DAESEL TANKS , TOWN O JI F SOUTHOLD . GAS 10,OW GAL. 11 ,I , 1­, ON 0ftS P. C. fitrft, AprtJ - .MESEL 6000 rAL. i, 0)0ft , .! . P alL 3 192 . '. (VS) .765 5020 - � , P Cff$ ZV - - . . I VISION DEC. 6,§W I -`I , r . I %., , P.6. wXob9 RE 9 I � . , •. . 6k . f Ev1,q0N DEC 101091- �Ai N F M ""� �, . . t - -v6 R e 0 r f _,,1 119 �T40 -"Y 7 dtLI6 � � �A!1V - 4.. . , t eI '� � :, , ,I�, , . ,. �D. k. , ,�6 1II ­ - . v. f, �, , ! ,) I ,,I I �. - I 4 ♦v .1 ,,- _ - I ' - . eI :� 4 _ i ._ "__"f' /_ , , �,,,�I ,�, � , , i, ; - WII . C 1` G G _ — — ��49 P des �� \ \ c.� �a< �/ <o KEY MAP SCALE 1"�=W0' 0 ° over o AND `` OF B PARK/NG CRITERIA 91- BOAT SLIPS 11/2 PER SLIP 137 STALLS \ 0. 100 SEA TS 60 EXIT. 4"0 FUTURE 113 SEA TS 34 00 20 EMPL O YEEa 2000 " p r e /Z TOTAL 191 STALLS / - r j i WATER RECHARGE o-{`� ?� i BUILDING .'A" EX/STING er s / / Sh • vi L o / 1800 sq..ft roof are a x 0.167 x 1 = 301 cu.ft. /6 N. 65 05 40",E l 301/68.5= 4 V.F. PROVIDE 1 L.P. 80x4'DEEP OR EQUAL Qr 215.03� I ��� Mae* 1200 sq. ft. roof area x 0.167 x 1= 201 cu.ft. r7 o{� �' j / 201166.5= 3 V.F -- 1 PRO VIDE 1 L.P. 8 0 4 DEEP OR EQUAL st v' o0 Do- 2 3 ¢ 5 7 $510 sq.ft roof area x 0.167 x 1-_ 586 cu.ft. I / / / / fir• I '6 9 AD / I 586168.5= ,8 6 V F. a \/Z /3 /¢. is /� �7 \ + PROVIDE 1 L.P. 8'0 10'DEEP OR EQUAL #3ra w a�w 9`__ _ _ / Zo Z/ 22 ` �Q / / / /, li •po% e of h(0 ---� \ \ I . , / ( _ �"'• �` P \ i SITE PLAN ANf'OiRMA T/ON FROM FIELD, OFFICE& SITE PLAN BY STEVEN J. HYMAl1J P.E. DA TED DEC. 1986 P ® l ew-ilil /, B X•2' — \ \ ` ACTUAL FELD DA TA AND OFFCE IA FORMA TION./ deee // � / / ( 0 3 /prop•9rea_se+ fa,,o (L . \� \ ��" � / / / • i / 3 s 40 9 a/ _ .\ \ �� \ CONTOW LINES AND ELEVA TIONS ARE REFERENCED TO A 23 N.G.V.D. 2 4 27 Za U g Y \ V) GAS&:DIESEL TANKS 52 GAS 10,000 GAL. 2 4' .3� 49- DIESEL 6,000 GAL. c (3 9 29 He Q *\3 -� 37 \ AREA = 8.75 ACRES+ O J c c f 5`} G 3 s .,- . G *' e c I— 3a Z ¢� / / 1 prow /. s ' , _". C 0 n 1 � H� lV� 55 � ' 1 - / s o, 9� •' 80 /2 de ,b s��u.�-/ L_ _j /�s--I Q �¢ \ 71 t, - EXIST.TREE y �l c 47 _ 2 .-. 6 • - ... .. n max.: _ ... _a u r ZONING Dig TRICT : M 2 / �.rh� T`cc�,� \ , • .. 33/ X 119 Y _=L O T CO VERA GE 10 % Ll l 4/ So 5 8 o� h Z\ " LANDSCAPE CO VERA GE 40%_+ , - s 7 06 HC o4 ' �� Opole V �yP Vv i 69 hone 91� cp 1�10 \ He o c e 95 Q:Tc 74 1 1 \ 9& frcz�s�oi'/n�r eg- S3 $Z - eX/s fig n 99 8 2 a'�y we/ U / \ Nc /off \ shoi� --- — — — — --- --- / So 79 - 7 d'` „� ,oczv,�,,�[j On Zr NXr Qf� 49 7 / // 93 92 91 90 89 \ 'ST ✓ J G'4s METER ` // ` \. l czry w L.P. t . drezi ,.. w Oroot137 i I Quo /29 /3 0 /3/ i 3 2 /33 /3 4• 135 /3G - /�7 / /ZS /ZG /Z-7 /2s I , I /23 /24 lag r 1 .c 170 , N .171 0 NA I i /43 /44 /A-5 i4G /47 . /4 8 /*9 U /l3 l 2 -- � Q o /4� /42 \ /5 (,q-\ /38 439 / n — /G2 /G3 - _ C \ 1/7 9 �� /!o! — /73 O - 2/ /2 N 3 /54 /55 /5<v - / _. 2 - �C. MAP- OF, � • � / � � � 174f - /'ao� 2� ra.t eX/S � � .r�� - U v ra,��� e 9 c 1<i�9 /75 o� R A �� ar o Q MA TT A MAPMARINA, INC. 0 ,, �o nor A T MA T TI TUCK proto e)) TOWN OF SOU THOL D \ 7 7 - — 9 U�� elecz<� . SUFFOLK COUNTY, N. Y. - _- Z.5 1000 114 03 01 SCALEI 0' 79 MAR. 23, 1992 00 Tic • - / / P End fp raw/Q • ' • . / h� - - - - ' r`h ]r-9 /e - / / ' C'ec�cz rs or SCo �c�j �/P _�-- — ' - � 12 •$&o a I \ /S$ I •i _ ram� _ _ /`"� ------ -- --- �-- _ _____ .\ � � f- .. . - 1 U � W �C p \ ' M sp � � h Mead � A T TI TU _ f G \ ` �''"° 96,E CREEK � / \ \ "!" _ N Y.S.L/C.N0. 49818 4 A 3 PECOIWC SUR YORA P.C. c o - Dumpsfe/' �/30�-+� P'Q BOX 909 REVISIONS 4117/92 MANY ROAD i - - • ,; SOUTHOiLD, MY 11871 rI ,�= TRUSTEES ��,�� �. .,_. SUPERVISOR John M. Bredemeyer, III, President. SCOTT L.HARRIS Albert J. Krupski, Jr.,.`Iice President . Henry P. Smith ems ' ; Town Hall John B. Tuthill �, .- '£"` �` ` 53095 Main Road William C. Albertson ` ovl/ ' P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 28, 1992 Don Cocks Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY 11952 Re: Matt-A-Mar SCTM #1000-123-8-28.3 . Dear Mr. Cocks: The following action was taken by the Board of Town Trustees during its regular meeting held on September 17, 1992 -. regarding the above matter: WHEREAS, Don Cocks on behalf of Matt-A--Mar Marina applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 9, 1992 and, 'WHEREAS said application was referred to the -Southold Town Conservation Advisory Council for their findings and recommendations, arid, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on September 17, 1992 at which time all interested persons were given an opportunity to be Beard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the healtho safety and general. welfare of the people of the town, NOW, THEREFORE BE 1T RESOLVED that the Board of Trustees approves the application of Don Cocks on behalf of Matt-A-Mar Marina to construct Moat storage building located 65' from retaining wall on the southern boarder of property 83•t-/-+ from high water mark of "Peters Creek. " Located Wickham Ave. , Mattitucke This permit will expire two years from the date "it .is signed. Fees must be paid, if applicable, . and permit issued within six months p of the date of this notification. Two inspections are required and the Trustees are .to be notified upon completion of said project. Permit will be. issued upon payment of the following fees for work to be done below Mean .Bigh water .Markm No fees Very truly yours, d John M. Bredemeyer, III Presidents Board of Trustee JMB®j d cc: Bldg. Dept. W INSPECTORS (516) 765-1802 SCOTT L.HARRIS,Supervisor VICTOR LESSARD, Principal 1 CURTIS HORTON, Senior y Southold Town Hall VINCENT R.WIECZOREK,Ordinance o P.O.Box 1179,53095 Main Road ROBERT FISHER, Assistant Fire Southold, New York 11971 Building Inspectors � Fax(516) 765-1823 THOMAS FISHER Telephone (516) 765-1800 GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD D August 11, 1992 AUG I 11992 TOWN OF SOUTHOLD TO: B. Orlowski, Chairman, Planning Board G. Goehringer, Chairman, Zoning Board of Appeals J. Bredemeyer, Pres. Board of Trustees:/ FROM: Victor Lessard, Principal Building Inspector fe- SUBJECT: MATT-A-MAR MARINA BUILDING PERMIT.. Attached is copy of letter from Matt-A-Mar Marina dated August 4, 1992 requesting the reinstatement of their building permit. Please advise me if there is any problems with the reinstatement of this building permit. If I do not hear from your department by Friday August 14, 1992, I will reactivate the building permit. VL:gar (attachement) cc to: M. Kiernan, Asst. Town Atty F _ 1Vfiratt A 1arMarina, PO.Box 1235 Mkituck,NY 11052 516 298 4739 August 4, 1992 office of Building inspector Town of Southold 53095 Main Road Southold, N. Y. 11971 Attn: Victor Lessard Gear Mr. Lessard; I have just received information that the Southold Trustees granted a waiver at the July 30th meeting, concerning the application that Matt- A-Mar submitted for the wetlands approval of our storage building. This should clear the way for our reinstatement of the building .permit. It is important that we get this permit so we can finish our building with the pouring of a cement floor. This floor will need a few months to properly cure and hopefully be ready for Building Departments final inspection before issuance of a Certificate of Occupancy. Any further delay in pouring of this floor will definetly result severe economic problems for our bussiness, so could you please let me know if I can help you with any additional information. Very truly yours Donald P. Cocks Marina Manager TRUSTEES ��0 Cp SUPERVISOR John M. Bredemeyer, III, President �'1' G'y� SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President y -'� Henry P. Smith Town Hall John B. Tuthill �y �� 53095 Main Road William G. Albertson O,( �a0 P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1923 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ;ENVIRONMENT APPLICATION NO. 1000-114-3-1 Chapt. 97 - Wetlands NAME: Matt-A-Mar Marina Chapt. 37 - Coastal Erosion DATE: July, 30 1992 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. A planting survey shall be submitted prior to final approval, if applicable. TYPE OF ACTION: 41,VLJ-rGD ArO7 /;' C,64 DESCRIPTION OF ACTION: Boat storage building located 65 ' from retaining wall on the southern boarder of property 83+/-' from high wate mark of "Peters Creek" . Mattituck Creek. LOCATION:SCTM #1000-114-3-1 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc: CAC Don Cocks �tiva•i'c..� , S'3FFO(Al,C' t , PLANNING BOARD MEMBERS I i,i w- .,,�.�„f �,�,. , � SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman `',"< ;° '" Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE . Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 30, 1992 Donald Cocks, Manager . Matt-A-Marina P.O:' Box 1235 19 Mattituck, New York 11952 ®�. RE: Site Plan for �"UL� Matt-A-Mar Maz SCTM#1000-114- -1 Dear Mr. Cocks: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 29, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman R" Encl. mfFo r ' � lei sti7,���• 1 �i PLANNING BOARD MEMBERS SCOTT L. HARRIS Supervisor Bennett Orlowski, Jr.;Chairman p George Ritchie Latham, Jr. Richard G. Ward ' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance June 29, 1992 This notice is issued -pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, .as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Site Plan for Matt-A-Mar Marina SCTM# : 1000-114-3-1 Location: South of Wickham Avenue and east -of County Route 48, on Mattituck Creek SEQR Status: Type I ( ) Unlisted ( X) Conditioned Negative Declaration: Yes ( ) No (X ) Description of Action: Proposed addition to existing 21064 square foot restaurant building, for use of food preparation, storage space and equipment, as well as two bathrooms for handicapped patrons as mandated by the Suffolk County Health Department. Page 2 Matt-A-Mar Marina SEQR Negative Declaration Cont. Reasons Supporting This Determination: The project involves an addition to an existing 2,064 square foot restaurant building, for the use of food preparation, storage space and equipment, as well as two bathrooms for handicap patrons as mandated by the Suffolk County Health Department. The existing marina conforms to existing zoning in terms of use and the existing restaurant is a use permitted by special exception by the Zoning Board of Appeals, thus the proposed action is consistent with zoning. The applicant has received Suffolk County Department of Health Services approval for construction. This impact is not considered significant due to the anticipated project compliance with the established requirements of the health code. There were no fauna identified that are classified as endangered species, threatened species or other species of special concern, nor were there any rare plants observed. Because there has been correspondence received from the Department of Health Services in the allotted time, it is , assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Based upon the above review of environmental resources of the subject land division, is determined that no significant adverse effects' to the environment were likely to occur should the project be implemented as planned. page 2 Matt-A-Mar Marina For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: ( 516) 765-1938 cc: Suffolk County Department of Health Services Roger Evans, DEC Commissioner Cramer, Voorhis & Associates Judith Terry, Town Clerk Southold Building Department Zoning Board of Appeals Town Trustees - Applicant c% r FJ r -- Szs PLANNING BOARD MEMBERS �� + 1 s + SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. d;?� Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 19 907 MAY 2 21992 "6 RE: Lead Agency Coordination Request TOWN OF S®L6THOL® 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: y 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 Assessmpent Form (EAF) to assist you in your response. Project Name: I �o Pa 5�17 S/Tf PZky Fog Requested Action: h'lS pad poSE� SITE Pier/ is ro 10641a, o-�'Cf S94'/gfC r-oo7— SEQRA Classification: Type I ( ) Unlisted Contact Person: 56 ( 516) -765- 38 e-e 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 being 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 Building' Department Southold Town Board -* Suffolk County Dept. of Health Services NYSDEC - Stony Brook NYSDEC - Albany . er-ks-- U.S. Army Corp of Engineers . . * Maps -are enclosed for your review Coordinating agencies •YAP 14-16-2 (2j87)-7c 617.21 SEAR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant.The question of whether an action may be significant is not always easy to answer. - Frequent-ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition,many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site.'By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated 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 impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magi.tude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large,and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ 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 may 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 i� T T— A Name of Action 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 PART 1—PROJECT INFORMAI /N Prepared by Project Sponsor NOTICE: This document is designed to.assist.in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to-these questions will be.considered. Js part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.. I!t is expected that completion 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 indicate and specify each instance. NAME OF ACTION The addition to existing restaurant to include handicap bathrooms LOCATION OF ACTION(Include Street Address, Municipality and County) Matt--A-Mar Mrina Wickham Ave. P.O. Box 1235 Ma.ttituck, L.I. 11952 NAME OF APPLICANTISPONSOR B(SJ1V,E,S;T� PF�gt , Ettore Pennacchia 5U (���fsu4 t)4U3 ADDRESS 49 Maplewood Ave. Selden, N.Y: 11784 or C/O Matt-A-Mar P.O. Box 1235, Mattituck L.I. CITYIPO Selden N.Y. 1 2Y CN4 NAME OF OWNER(If different) BUSINESS TELEPHONE Ali Agarabi ( 516) 298 4739 ADDRESS 306 Prospect Ave. CITYIPO STATE Z CODE Sea Cliff, N.Y 579 iDESCRIPTION OF ACTION The addition to a existing building ( approx. 48' X 43' ) for the use of food prep. storage space, equipment such as heating system, hot water boiler and plumbing, ! frezzers and refridgerators, and 2 handicap bathrooms as per Suffolk County Health Dept, directive. Please Complete Each Question—Indicate N.A. if not applicable A. Site Description- Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) Mural (non-farm) ❑Forest ❑Agriculture ❑Other REsraaaaNT I�-4 qc. 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PP,')PCA_ry 10 AcQi5s PRESENTLY AFTER-COMPLETION Meadow or Brushland (Non-agricultural) `f acres L4 acres Forested I acres I acres Agricultural (Includes orchards, cropland, pasture, etc.) acres p acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) l acres I acres Water Surface Area 5IN acres 5 acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and.other paved surfaces 4acres `t acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? _ Te:P Soo__ D a. Soil drainage: ❑Well drained 90 % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified ire the NYS Land Classification System? acres. (See 1 NYCRR 370). O L'/ 4. Are there bedrock outcroppings on project site? ❑Yes EKNo D a. What is depth to bedrock? 0 (in feet) 2 LJ SOUTHOLD Tft'N PLANNING BOARD ' 5. Approximate percentage of pro'p,ose roject site with slopes: 00-10% _% 010-15% % ❑15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes IKNo 7. +s project substantially contiguous to a site listed on the Register of National. ral Landmarks? ❑Yes ZNo 8. What is the depth of.the water table? I�� (in feet) 9. Is site located over a primary, principal, or sole source aquifer? X e 110. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes ONO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes CKNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes ;INo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes ❑No - If yes, explain A rnARWE ,REs r AJ,,QANT Fog COSiotiu _ Z 14. Does the present site include scenic views known to be important to the community? ❑Yes I5�No 15. Streams within or contiguous to project area: j11O�i i rVCK CREEK a. Name of Stream and name of River to which it is tributary _1"►'F1&(1-rUCZ` C2ECt' Tn fYIA'fT�Tc�C ANC r=T GRGEK 'f 0 L.DtSC; -'LSLAtJ1) 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name ZAmr-- i-1S (gG-o'C b. Size (In acres) 17. Is the site served by existing public utilities? Mes El No a) If Yes, does sufficient capacity exist to.allow connection? ®.Yes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes ®No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes JKNo 19. Is the site located in or substantiall con r /ous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617?- I Yey 20. Has the site ever been used for the✓disp sal of solid or hazardous wastes? ❑Yes XNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor I O acres. b. Project acreage to be developed: ��'4 (lc - acres initially;' l�gl nc . acres ultimately. c. Project acreage to remain undeveloped Ll acres. d.. Length of project, in miles: © (If appropriate) e. If the project is"an expansion, indicate percent of expansion proposed 50 %; f. Number of off-street parking spaces existing 2 5O proposed Z 0 g. Maximum vehicular trips generated per hour GA o.,FS (upon completion of project).? h. If residential: Number and type of housing units: One Family Two Family Multiple Family, Condominium Initially Ultimately L Dimensions (in feet) of largest proposed structure 20 height; `13 width; ' y `�% length. j. Linear feet of frontage along a public thoroughfare project will occupy is? a ft. �ocATE� GJ PRi.rATG P0.oPEaT 3. 2. How much natural materi ;.e., rock, earth, etc.) will be removed f( the site? tons/cubic yards ' 3. Will disturbed areas be reclaimed? OYes ONo IRMA a. If yes, for what intend,.- purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? I4Yes ONo C. Will upper subsoil be stockpiled for reclamation? OYes ['No 4. How many acres-of vegetation (trees, shrubs, ground covers) will be removed from site? `j 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes JZNo 6. If single phase project: Anticipated period of construction S months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? OYes RNo. 9. Number of jobs generated: during construction after project is complete 5-AmE 10. Number of jobs eliminated by this project O 11. Will project require relocation of any projects or facilities? OYes V(No . If yes, explain 12. Is surface liquid waste disposal involved? OYes ®No a. If yes, indicate. type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? RYes ONo Type. 148AuTi-I OCP-i APPRo\IED GG�IC 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes I$N0 t Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes C4No 16. Will the project generate solid waste? CRYes ONo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes (gNo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes- RNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes ONo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? • OYes ONo 19. Will project routinely produce odors (more than one hour per day)? Yes ONo ` 20. Will project produce operating noise exceeding the local ambient noise levels? OYesZINo 21. Will project result in an increase in energy use? ZYes ONo If yes , indicate types) (Ar)D1T`1ON1JL C1_ECT_RIC FoR CIC,i+Tc 22. If water supply is from wells, indicate pumping capacity 100 gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? OYes .®,No If Yes, explain 4 25. Approvals Required: Submittal Type Date City, Town, Village Board ❑Yes (SNo Cjity, Town, Village Planning Board IZYes ❑No APpL C,GTlo0 City, Town Zoning Board' ®Yes ❑No nWL4c-anoO City, County Health Department ®Yes ❑No Other Local Agencies ®Yes ❑No 601- -OINU DEF1 Other Regional Agencies ❑Yes ®No ' State Agencies ❑Yes MNo Federal Agencies ❑Yes ZNO C. Zoning and Planning Information 1. Does proposed action involve a-planning or zoning decision? ®,Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision Mite plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? M M1gRItJA 571 JRAN I 1}ouSE 3. What is the maximum potential development of the site if developed as permitted by the present zoning? SramC-. f�5 �}t3o�t✓ 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? LUEL Coup AD-0 To E-XjSTiNE, )GOIQrNC-,S kcrEL-fluor-e G. Is the proposed action consistent with the recommended uses in adopted local land use plans? fs(Yes ❑No C 7. What are the predominant land use(s) and zoning classifications within a mile radius of proposed action? Res I DC- J-►A-L- 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? ®.Yes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10•. Will proposed action require any authorization(s) for the formation of sewer or water districts? AYes ❑No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Xyes il:No a. If yes, is existing capacity sufficient to handle projected demand? , Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes IrN0 a. I;f yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. Applicant/ -er Na_me �7'^����' Date 5 I "C� --- /� Signature � A Title 1 n, t_►C 1 � 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 , Part 2-P.ROJECT IMPACTS AND THEIR MAGNITUDE i Responsibility of Lead Agencot ' General 'Information (Read Carefully) " • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • I,Identifying that an impact will be potentially large (column 2) does not mean that it is -also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other,examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column'1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check 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 potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 �• Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND �1. Will the proposed action result in a physical change to the project site? Impact Impact Project Change ONO ':.-.YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ El Yes ONO foot of length), or where the general slopes in the project area .exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes. [ JNo 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑Yes [--No • Construction on land where bedrock is exposed or generally within W ❑. ❑Yes DNo 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ El Yes ENO than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes �JlNo tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes LINO • Construction in a designated floodway. ❑ ❑ ❑Yes ONO • Other impacts ❑ ❑ ❑Yes No 2. Will there be an effect tr. ...,y un,que or unusual land forms found on the site? (i.e., cliffs, dunes,geological formations, etc.)!'QNO ❑YES E ! Specific land forms: I ❑ ❑ ❑Yes ONO 6 � .._: . ., (` 3 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact-- Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) j. N0 ❑YES Examples that would apply to column 2 • Developable area of site contains a protected water body. i ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ Dyes ❑No 4. Will proposed action affect any non-protected existing or new body of water? -�NO ❑YES Examples that would apply to column 2 r • A 1,MIS increase or decrease in the surface area of any body of water ❑ ❑ Dyes ❑No or more than'a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ []Yes ❑No • Other impacts: ❑ ❑ El Yes []No 5. Will Proposed Action affect surface or groundwater quality or quantity? NO OYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. F; ❑ ❑Yes ❑No C • Proposed Action requires use of a source of water that does not L ❑ ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 y ; ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water 01 ❑ ❑Yes ❑No supply system. • Proposed Action will adversely affect groundwater. E ❑ ❑Yes [I No • Liquid effluent will be conveyed off the site to facilities-which presently ti j ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑Yes ❑No day. • Proposed Action will likelv cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ El Yes ❑No products greater than 1,100 gallons.. • Proposed Action will allow residential uses in'areas without water ❑ El ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ DYes []No 6. Will proposed action alter drainage-flow or patterns, or surface water runoff? ,'.INO ❑YES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ Dyes ❑No 7 1 2 3 Small to Potential Can Impact Be Moderate Large 'Mitigated By Impact Impact Project Change • f roposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • 'Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes No Proposed Action will allow development in a designated floodway. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ []Yes []No IMPACT ON AIR 7. Will proposed action affect air quality? iINO ❑YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of. El ❑ . ❑Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8; �Vill Proposed Action affect any threatened or endangered species? ; 7NO ❑YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes. ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes ❑No • Application of pesticide or herbicide more than twice a year, other ❑. ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species?• 1-1N0 OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or. El El Yes ONO -migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ of mature .forest (over 100 ,years of age) or other locally important []Yes vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? INO ❑YES Examples that would apply to column 2 • The proposed action would sever, cross.o,r limit access to agricultural ❑ ❑ F land (includes cropland, hayfields, pasture, vineyard, orchard, et'0 ❑Yes ❑No 8 Small to'-- Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ Dyes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ Dyes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would-apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns; whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their f enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ Dyes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the ❑ ❑ Dyes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ El Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ Dyes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the .quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES >� • -The permanent foreclosure of a future recreational opportunity. ❑ •❑ Dyes ❑No • A major reduction of an open space important to the Comm inity. ❑ ❑ Dyes ❑No • Other impacts: ❑ ❑ Dyes ❑No 9 IMPACT ON TRANSPORTATION 3 'Small to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ONO DYES Impact Impact Project Change Examples that would apply to column 2 Alteration of present patterns of movement of people and/or goods. ❑ ❑ Dyes ❑No Proposed Action will result in major traffic problems. ❑ ❑ Dyes. ❑No • Other impacts: ❑ ❑ Dyes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO DYES Examples that would apply to column z • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ Dyes ❑No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ Dyes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ El Yes ❑No facility. e • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑No 1. • Proposed Action' will produce operating noise exceeding the local ❑ ❑ Dyes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ Dyes ❑No noise screen. • Other impacts: ❑ ❑ Dyes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ONO DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ Dyes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ El Yes ❑No gas or other flammable liquids. • Proposed action may result in. the excavation or other disturbance ❑ ❑ Dyes ❑N0 :within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No.. 10 , 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to'' Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change CINO DYES Examples that would apply to column 2 i • The permanent population of the city, town or village in which the L�s ❑ ❑Yes IJNo project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑Yes I�No ,will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ []Yes CNo • Proposed action will cause a change in .the density of land use. <<� ❑ El Yes No • Proposed Action will replace or eliminate existing facilities, structures f ❑ ❑Yes [,No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑Yes [No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑Yes r]No • Proposed Action will create or eliminate employment. J ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? !AN0 OYES 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) is considered to be potentially large, even if the impacts) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated 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 irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact' . • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 1.1 - 14.14.11 (2!87)-9c 617.21 SE( R Appendix B t Ae Environmental Quality Review Visual EAR' Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between. Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/4-1/2 1/2-3 3-5 5+ • 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-made 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 Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? . • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal?(i.e., screened by summer foliage, but visible during other seasons) ❑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? 0Yes ❑No 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within �1 *'/a mile *1 mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ 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: *'/z mile ❑Yes ❑No *1 miles ❑Yes ❑No *2 miles El Yes ❑No *3 miles El Yes ❑No * Distance from project site are provided for assistance. Substitute other distances as 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 ❑ ❑ ❑ ❑ At a residence ❑ ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ 2 • _ i kee7 _ L L - DV 5 I nff - - - - - - t- AR N ARTIvA A N! - - 7'OP�lEy►; � I T►4 TT . pR£PAT2Eit ALi�AGA'3tAB1 ; _ _- :-,6fJ. . ;AP...PLICATIOT '`'.i3i''i$Utti{1fiIQ0S 3 _ SCbiLE 1 -:too, l oo t - - - A:Wi B:FlAATilolG:�CKS t :R-- C:FINGERsVW&3'R 30`-L' [T:PtIAWGS #d "Dih= -L;(M TOTAL EVERI E T G:FTNGER;:FI.OAT,3•R HXN TRANCE -C --- — --'--- -— -- ----------— --=— --- ---------- ; Al Tl0 SURFACE 19�.SQ FT - --�O M ATL EXt A�ATt�i iN A9 E'Nf Ri l.dJ�9dr l�llr Ylr j. v r A Igo . - - `x - John M.Bredemeyer,III,President Henry P. Stith,Vice President Albert J. lKtupski,Jr:. °co Nf, }� „x ' John L. Bednoski,Jr. .I r0 53095 Main Road John B.Tuthill P.O.Box 1179 ' BOARD OF TOWN TRUSTEES Southold,New York 11971 Telephone(516)765-1892 ,TOWN OF soUTHOLO Fax(516)765-1823 COASTAL' EROSION MANAGEMENT PERMIT APPLICATION TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION Office Use Only, .,. -- -;-" oastal Erosion Permit Application ketland Permit Application Trustee Lands' Permit Application randfather f completed Apps . Date. `� ariance Required, -q- b Neighbors notified Date SEQRA Type yV Coord. Review- . Date Rec. by Office $risp. comp. /date: ` SEQRA Determin. /date: Public Hearing/date.- Findings: e�{�{l LAR Permit Vote: (YIN) : J J Special Conditions: Application Fee ( also see file) �_J Application Number; SCTM #1000- 1 JL1 Project Name (If any) Date Prepared: 4-y-q2 Applicant: M(Af-f- A- rAAR MA" Address: Ro, 80,< 1�3� 1�91�Krt�`-r� one MAIL 2�J� 11952 Ph Interest: (owner, consultant,lessee,etc. ) 9YhJAC,CP - Pna� CQ S Owner of Property: PL6 Address dSP 'Phone e Subject Property Location: Mn P �SECTIot,3 III a GLoCIC ' r�� h'1�� �e`�RTt! t�� reJ�EC��G�Tioa.! �F WrCY�I�t'►'I—A��a= 't'P� our _ T (Provide LILCO Pole #, Distance to cross Streets if not on location map) THIS IS NOT A PERMIT .I. L+`•�;. as,as+s. :3 a zw t.. p�fiF�^!« t�,w... .. .. ._ z ,� r« 3- 1 a PLANNING BOARD MEMBERS Ga SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ' `' Supervisor George Ritchie Latham, Jr. ✓,p� - `.N •®� Richard G. Ward °' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 30, 1992 Donald Cocks, Manager Matt-A-Marina P.O. Box 1235 Mattituck, New York 11952 . RE: Site Plan for Matt-A-Mar Marina SCTM#1000-114-3-1 Dear Mr. Cocks: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 29, 1992. BE IT RESOLVED that the Southold Town Planning Board, . acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. .. �� F61'r k� PLANNING BOARD MEMBERS ' a*;r SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward ' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance June 29, 1992 This notice is issued -pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental. Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Site Plan for Matt-A-Mar Marina SCTM# : 1000-114-3-1 Location: South of Wickham Avenue and east of County Route 48, on Mattituck Creek SEQR Status: Type I ( ) Unlisted ( X) Conditioned Negative Declaration: Yes ( ) No (X ) Description of Action: Proposed addition to existing 2,064 square .foot restaurant building, for use of food preparation, storage space and equipment, as well as two bathrooms for handicapped patrons as mandated by the Suffolk County Health Department. Page 2 Matt-A-Mar Marina SEQR Negative Declaration Con' t. Reasons Supporting This Determination: The project involves an addition to an existing 2,064 square foot restaurant building, for the use of food preparation, storage space and equipment, as well as two bathrooms for handicap patrons as mandated by the Suffolk County Health Department. The existing marina conforms to existing zoning in terms of use and the existing restaurant is a 'use permitted by special exception by the Zoning Board of Appeals, thus the proposed action is consistent with zoning. The applicant has received Suffolk County Department of Health Services approval for construction. This impact is not considered significant due to the anticipated-project compliance with the established requirements of the health code. There were no fauna identified that are classified as endangered species, threatened species or other species of special concern, nor were there any rare plants observed. Because there has been correspondence received. from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Based upon the above review of environmental resources of the subject land division, is determined that no significant adverse effects' to the environment were likely to occur should the project be implemented as planned. page 2 Matt-A-Mar Marina For Further Information Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: ( 516) 765-1938 cc: Suffolk County Department of Health Services Roger Evans, DEC Commissioner Cramer, Voorhis & Associates Judith Terry, Town Clerk ✓ Southold Building Department Zoning Board of Appeals Town Trustees - Applicant TRUSTEES .-40,®� SUPERVISOR John M. Bredemeyer, I11, President SC®TT L. HARIZIS Albert J. Krupski, Jr., Vice President Henry P. Smith ,,.. ;� Town Hall John B. Tuthill ���9 53095 Main Road William G. Albertson ®� �� R0. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Aug. 6, 1992 Mr. Donald P. Cocks Matt-a-Mar Marina P.O. Box 1235 Mattituck NY 11952 Re: - SCTM# 114-3-f Dear Mr. Cocks: The - following action was taken by the Board of Trustees at their regular meeting of July 30, 1992: RESOLVED that the Southold Town Board of Trustees approve the request for a waiver to pour concrete floor, floors will contain no drains. Approved upon inspection during construction and a $35 fee for. this inspection. If you have any questions, please give us a call. Very truly yours, . � - John M. Bredemeyer, III President, Board of Trustees .JMB/jmt cc. Building Dept. M4t-A-Matt� � Marina) P Box 1�235-Ma titu,kk,N.Y. 11952 516 298-4739 "Z\ July 24, 1992 Town of Southold Board of Trustees Southold Town Hall P. O. Box 1179 Southold N. Y. 11971 Dear Board Members: Could you please grant a waiver from our application so we could pour a concrete floor without floor drains in our " Storage Building " and get it on the agenda for the July 30th meeting. Reasons for this request are included in our letter sent to the Trustees dated July 23, 1992. Thank you Donald P. Cocks Marina Manager !Q 0 JUL 2 91992 ' % ,,,�FI - --� �I1�.i,llA MarMarina FO.Box 1235-Mattituc!k,NY 119 5'2 516 298 47ti39 ^ ,: ¢f July 23, 1992 Town of Southold Board of Trustees P.O. Box 1179 Southold, N. Y. 11971 Dear Board Members: This is a follow up to a conversation I had with John Bredemeyer on July 20, 1992. Mr. Bredemeyer and I were going over some questions regarding the screening of the south east corner of our property line. I advised him that we have no porblems filling in any voids along the retaining wall or the eastern boundry of our property. During our conversation Mr. Bredmeyer stated that if we could clear up these few points, a decision on the application .could be made at the September meeting. I stated my concern to Mr. Berdemeyer of the need for a quick decision concerning this application. In order to pour the concrete floor in the stroage building, our permit will have to be reissued and appropriate curing time - (the longer the better) of at least two months will be needed. Also, the cost of cement is now down and when dealing with 25, 000 sq ft . and this economy, any savings will help. Therefore, could you please help us by coming up with a speedy decision on this application. If I can help in any way please don't hesitate to call. Thank you. Very truly yours, Q 0 Donald P. Cocks. General Manager aloHMs jo NN1o1 r X 4Matt- -l�IarM8 n3 PO.Box,1>235-Mattituck,N.Y l l 52 516 298-4 29 �- 4/28/92 % Board of Town Trustees Town of Southold P. O. Box 1179 Southold, New York 11971 RE: Reply to Trustee letter dated 4/23/92 Dear Mr. Bredemeyer I would first like to thank the board members who came down for the inspection and hope that this application and its approval can quickly come to rest. Matt-A-Mar Marina accepts your suggestions and will keep all the boards up to date with the work as it is started and com- pleted. The following points in your letter are answered below. . 1. We have been in contact withiPeconic Surveyors to upgrade a site plan to show the Swale and berm that we discussed at the inspection. This berm is to run along the existing tree line along our Southern retaining wall, from the " Lift Pit " to the Eastern tree line running approx. 75 .feet North. 2. The up to date site plan will show the proposed plantings along the Southern retaining wall. This has been discussed with the Planning Board and the exact type of tree will either be Red Cedars or Scotch Pines. This planting will begin this m nth as old diseased Japanese Pines are removed. , - � 3. The plans for the interior floor of the storage building call for a 6 inch reinforced concrete with road mat steel and rebar, and no floor drains. Matt-A-Mar Marina respects the Board of Trustees and its goals and will work with its members to make business and -the -environment work together. If I can be of further assistance please call. Very truly yours, Donald P. Cocks Manager, Matt-A-Mar Marina r TRUSTEES ®�� �" SUPERVISOR John M. Bredemeyer, III, President ti ` SCOTT L. HARRIS 5 rL Albert J. Krupski, Jr., Vice Presidentca ® :+. Henry P. Smith Town Hall John B. Tuthill ' 53095 Main Road �� - @ William G. Albertson `o,` �°'� P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 23, 1992 Don Cocks Matt-A-Mar Marina P.O. Box 1235 Wickham Ave. Mattituck, NY 11952 RE: Matt-A-Mar Marina SCTM #1000-114-3-1 Dear Mr. Cocks: The Southold Town Trustees inspected the site of your proposed wetland permit for 'your storage building today and request the following information to make your application complete: 1. Please depict a swale and berm feature on your plans shown in cross section such that surface runoff will not be able to flow over the retaining wall and in all areas of which we spoke on field inspection this date. 2. Please show in detail your proposed screening planting south of the building with the- exact species you plan to use that is acceptable to the Planning Board and in relation to number one above. 3 . Please indicate in detail your plans for the floor inside the structure, such that we are certain there will be no floor drains or points of entry for toxics. Upon submission of this information the Trustees will be able to coordinate your application with other town departments. As discussed in the field, under current usage and for the purposes of this Board, the structure south of the storage building is presently, functionally, a retaining wall in that it is above the ordinary high water mark and is primarily soil retentive. This is not to say that it was not a bulkhead at the time it was originally constructed. This definition is ours alone and may not reflect the interpretation of other boards in Southold Town. W-7 If you have any questions or if we can be of further assistance, please do not hesitate to call. Very truly yours, 77' John M. Bredemeyer, II President, Board of Trustees JMB: jmt cc: Planning Board Building Dept. Zoning Board Town Attorney Town Board �0 TRUSTEES -a John M.Bredemeyer,III,President �; SUPERVISOR fir}!.: � �'� Henry P. Smith,Vice President e� �y,�. „ ���r � SCOTT L.RABBIS Albert J.Krupski,Jr. John L.Bednoski,Jr. � �® Town Hall John B.Tuthill i 53095 Main Road P.O.Box 1179 Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT APPLICATION TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION Office Use Only: Coastal Erosion Permit Application t�rI Wetland Permit Application Trustee Lands Permit Application Grandfather - 9f Completed Apps. Date: Variance Required, s Neighbors notified Date: SEQRA Type Coord. Review-opt. ,mand. Date Rec. by Office Insp. comp. /date: 0 SEQRA Determin. /date: G=,� Public Hearing/date: Findings: AM v 9fflW Permit Vote: (YIN) : Special Conditions: (also see file) A lication Fee: Application Number; SCTM #1000- l ly - 3- 1 Project Name (If any) Date Prepared: 4-4-qZ Applicant: 1,YlA1Y- A- rnAR mAal"g Address: P•o. 60>c 12a5 WICKH19M ave. (1'IA (?rfJc-K ►�s .�. 1 1 q 52 Phone (St(o) 2 q,i- q-7 59 Interest: (owner, consultant,lessee,etc. ) ►"ir1AQ(1Get?- DoO COCKS Owner of Property: .AL4 AGAkRel Address 3oco rkosPEcT Ave SEA CLIFF Ivy. i 1 S"7ri Phone (6io) Co-T(, -7350 Subject Property Location: ;1'Ptx n1AP SECTi0t,3 wq GLom 3, LOT 1 I116 MILG NORTH OF: ioTeasec-notd kQF WICrtdAm Ayr_ -ro RDUT L1Qz (Provide LILCO Pole #, Distance to cross Streets if not on location map) THIS IS NOT A PERMIT 11 f , PERMITS THAT MAY BE REQUIRED NO PERSON SHALL PLACE ANY SPILES, STAKES, BUOYS, PIERS, DOCKS, BULKHEADS OR OTHER OBJECTS IN OR ON ANY TOWN REGULATED WETLANDS, . TOWN WATERS OR PUBLIC LANDS UNDER OR ADJACENT TO TOWN WATERS IN THE TOWN OF SOUTHOLD, NOR SHALL ANY PERSON REMOVE ANY SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS IN THE TOWN OF SOUTHOLD, WITHOUT FIRST OBTAINING A PERMIT THEREFORE FROM THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD. Board of Town Trustees Main Road Southold, New York 11971 (516) 765-1932 ALL OTHER GOVERNMENTAL 'AGENCIES THAT MAY HAVE JURISDICTION AND MAY REQUIRE A PERMIT FOR ANY ACTIVITY MENTIONED ABOVE ARE LISTED BELOW AND- MAYeBIE APPLIED TO SIMULTANEOUSLY WITH THE TOWN APPLICATION AR$ AS FOLLOWS: COASTAL MANAGEMENT PROGRAM ;16,2 Washington Ave. .` Albar y,./Ne-Q;York 12231 (518 ) 474-3642 NEW YORK STXTE�bEPARTMENT OF ENVIRONMENTAL CONSERVATION S.U.144 - Bldg. 40, Room 219 -Stony- Brook,'.;New York 11794 (516 ) 751-7900 U.S. ARMY CORPS OF ENGINEERS New York District 26 Federal Plaza New York, New York 10278 (212) 264-9054 -PLEASE RETURN TO THE BUILDING DEPARTMENT FOR A DETERMINATION OF -JURISDICTION AS SOME PROJECTS REQUIRE ZONING BOARD OF APPEALS APPROVAL OR PERMITS FROM THE TOWN CLERK'S OFFICE IN ADDITION TO THE TRUSTEES AS DIRECTED BY THE BUILDING INSPECTOR: THANK YOU. SHOULD YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE DO NOT HESITATE TO CONTACT THIS ,OFFICE AT ( 516) 765-1932 Yds. to be excavated: -8 Yds. to be filled: �- Manner in which material will be removed or deposited: -C�;- Width of canal, creek or bay fronting property: Depth at low tide: 't" 3' Aver. rise in tide: ►i 112 � Distance to nearest channel: V2 rniLE Distance project extends beyond similar projects in area: © . Area zoning: ." 2 Land area in acres: •i© c-ICQES Is project for private or business use: 605510eas Intended use of property: E:XlSli►-S (: 0R Si C>QAGE ISUILDifgG Describe known prior operations conducted on premises: Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: YE S Has any license or permit ever been revoked or suspended by a Governmental Agency: Yes 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) . •'HIS APPLIcATiou IS F01Z THE �qPPRovAL f3Y TRUSTEES OF A ExiSTIM6 6oA? Qrbs2AGG 6VILDIOG Lacn-resg 42>S' FRom R Ae rAi ,n3C-7 wA orc DA5 S0uT146FtwI 604ZoEQ of Cvg PRoPE2T� 4-/— E 3 F�E� FROrYI i-il C��1 rtisF�'rE� r"YIAR� of "PGT62S GRE�K� A CouNEC`t�OwS ©F tYiAf-f•IfUC� Gf:EEk Authorization (Where the applicant is not the owner) I ALi AGrAAAe>1 residing at 5o(o PRosPEGT fgvE (Print-owner of subject property) (Mailing address-phone) SEA CUPr N,'Y- 11-579 o hereby authorize 'DooALD COCKS to apply for o � tal Eros' on perms ) from the Southold Town Trustees ' g 'atu HIS IS NOT A PERMIT County of Suffolk ) State of New York ) COCKS BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT 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 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 R P fZ' l_ OTAR UBLIC 'y r {- �,e yyeenn fir 4ti �✓°,',„ V.j;J.��firi�`I✓M Suggested space for location Map THIS IS NOT A PERMIT i �. 14.16.4 12/87)—Text 12 '�•, ' PROJECT I.D.NUMBER Appendix SEAR ' Appp enndix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME DOlJALD CockS ma•tlt_ A-MAP_ (30P1T ST-4DP,R 61I P3U1L010G1 3. PROJECT LOCATION: Municipality -(Ouj f c7F Sc>o rti oL-v County S V 1F FO I:K 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) '(POC MAP S-C-C-TIOM 114, (3LooK .> ) t/g mlLE Nof�rtl o a^ SnrrERSECTi oN of Wic_Ki-nm Ave. A►so RTF_ y $ 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: f� 1AE APPUIC.ATIOIJ FoR APPP,0JAL a eKISTImcq 1oAT STa2RQ6 6ulL.-01t 3C , .I �C(GL.t�2E D fup�y �'U R 1 S D t C�t(Sri l3Y DE C 7. AMOUNT OF LAND AFFECTED: Initially 2 acres Ultimately 2- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential ❑!ndustrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space Other Describe: C®rnmr=RGiAt- YYIAJZ/1.1� 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTIO14 HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ®Yes ❑No If yes,list agency name and permit/approval k,,,,.5-ret©i_0 'rowo VA21oUS IDEPR2TINAGMiS 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? N Yes ❑No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Lc) Co 0-° Date: L4— 4—9 2 \ Signature: I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER r w t—crvvIhuj'4i�ltNiA LASSES,MENT (To be completed by Atlency) FA S ACTION EXCEED ANY T' THRESHOLD IN 6 NYCRR, PART 617.12? If yes, dlnato the review plot esa and use the F.UL�Yes ❑No LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 be superseded by another involved agency. if No,a negative declaration Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems?Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources; or community or neighborhood character?Explain briefly: C3. Vegetation or fauna, fish,shellfish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. C5. Growth, subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. Zf C6. Long term, short term,cumulative,or other effects not identified in C1-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE:OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and .(f) magnitude. If necessary, explanations contain sufficient detail to show that all relevant adverse dimpacts have been attachments or fidentified anderence adequately addressed that ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which G1Ay occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and an Supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental AND provide on attachments as necessary, the reasons supporting this determination: Pacts N.tntc sir LedJ Agcncy . Ynnt sir type Ndme of Rewunstble Ulhcer in Lead Agency _ frtle of Responsible Ulhcer jigndture ur Responsible Ulhcer in Ledd Agency • Signature or Prepdrer fir drrlerent Irom responuole Ulhcer 1 - — Date 2 14-16-2 (2/87)-7c �iQ 617.21 SEAR Appendix'A w State Environmental Quality.Review FULL ENVIRONMENTAL ASSESSMEN It ;; n. Purpose: The full EAF is designed to help applicants and agencies determine, 'in an orderly manner, w'a of a=project or action may be significant. The question of whether an action may be significant is not always easy.to answer. Frequent- ly, there are aspects of a;project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many.who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is.intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. ?art 2: Focuses -in identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- Iarge impact. The form also identifies whether an impact .can be mitigated 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 impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify.the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 El Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact,,it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will note have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ 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 may 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 -6+6- APPue �iou ADP_ a t iyaL Of vielIL"CS 1961em Name of Action 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_..=.TION t Prepared by Project Sponsor , ` {NOTICTis dbcumen,t is;designed to assist in determining whether the action proposed may have a significant effec- `onl the environment. Please:complete the entire form, Parts A through E. Answers to these questions will be'considere '»as'part..of.the application fo"r approval and may be subject to further verification and public review. Provide any addition information you belieue..will be needed to complete Parts 2 and 3. . It is expected that completion 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 indicate and specify each instance. NAME OF ACTION 'rRtJSr�G (-}Pt'Ri�vAl. aF EJcIST�NC7 SiORI� E Br✓ILpiIV LOG!-kTEO WITF-Elt�i i02uSTL� �V�i�DtcTlot� LOCATION OF ACTION (Include Street Address,Municipality and County) AIAri-A-MAR mjgAPA P•O.6oX 1235 WICK1411M RVI✓ MATJ'Vr'ucl` Totc,u pF SoofHOLD L.S. N'Y. I lg52 NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE DvwiraLv CCCK,S (Si(n ) 2g8-If-7:39 ADDRESS C/o IrnR—r- -A- M MARiln)q P•o. 13oX 1235 mA-rriTvck �,Y. t1g52 CITY/PO mflf'rr'rUC� STATE ZIP CODE My. 1 Iy s 2. • NAME OF OWNER.(if different) BUSINESS TELEPHONE AL-I A—C-t1: IgA16i (51(0) 6*70 7350 ADDRESS 30(o PAOSPECT 4RUG CITY/PO eLiaCir STATE ZIP CODE 1u.y, II5-79 DESCRIPTION OF ACTION '(tots aPP0C,JgTIoiJ IS FOR TIME APPROVAL BY TAVSTEES OF A e✓xrSTIPc--t r3CRT- Si-0RR615 ISvtLpi,JC-, �oGATCO r'os' Ff2orn Fit RGTAWIKXl w4LL €" -rHE S0Lra<RN e0206ft of oVR P20P6RTY t/ 33 rgC-r f=P-Orrt !-1I614 WI:riGR mgPl< pF "PIE EAS CAEEK'� 6U1LprNla OUT Cs,� t115-C _%JQ''SDicrlors GY 3EIr�� AGOUC IC> ° Aj2- fL1 14- uv i Please Complete Each Question—Indicate N.A. if not applicable A. Site-Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial MCommercial ❑Residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture ❑Other 6WTi R.E SiTE op i0 ACE PEN 11QSu(_A 2. Total acreage of project area: 2- acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) K).A, acres acres Forested A-, acres acres Agricultural (Includes orchards, cropland, pasture, etc.) I.1• acres, acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) [V,A: acres acres Water Surface Area hJA• acres acres Unvegetated (Rock, earth or fill) &LA . acres acres Roads, buildings and other paved surfaces acres 2 acres Other (Indicate type) acres acres 3. What is predominant soil types) on project site? a. Soil drainage: ❑Well drained _00- % of site ❑Moderately well drained % of site ❑Poorly drained % of site . b. If any agricultural land is involved( how many acres of soil are classified within soil group 1 through 4 of the NY - Land Classification System? ( -& . acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes P�No a. What is depth to bedrock? (in feet) 2 "N 5. 'Approximate percentage of pro„ d project site with slopes: 0-10% _ i % 010 15`;'o ' J 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes NNo Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes _jNo 8. What is the depth of the water table? R5 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes IP,N0 10. Do hunting, .fishing or shell fishing opportunities presently exist in the project area? []Yes %No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes ;5No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e', cliffs, dunes, other geological formations) ❑Yes MN Describe 13. Is the project- sit•2 presently used by the community or neighborhood .as an open space or recreation area? ❑Yes 1XNo If yes, explain L 14. Does the present site include scenic views known to be important to the community? []Yes ANo 15. Streams within or contiguous to project area: ► A*rT1'rJ(JJ!�_ CRC K- OiZ P6TEjeS C2�—EK a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name J_00FXS K. SH01ZZ6LorJC— b. Size (In acres) ms Aft✓ 17. Is the site served by existing public utilities? XYes ❑No a) If Yes, does sufficient capacity exist to allow connection? X'es ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes P3�40 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes. XNo 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 61.7? ❑Yes AN 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ANo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor I o acres. b. Project acreage to be developed: --- acres initially; `L acres ultimately. c. Project acreage to remain undeveloped tit. 1- acres. d. Length of project, in miles: N, A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed NA . %; f. Number of off-street parking spaces existing 250 ; proposed g. Maximum vehicular trips generated per hour NO anGq�x. (upon completion of project)? h. If residential: Number and t RPMQX 10 PEK Houe- ype of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure 92! Ey6 height; .1251 width; 200, length. j. Linear feet of frontage along a public thoroughfare project will occupy is? O ft. 3 2. How much natural mater. .e., rock, earth, etc.) will be removed h' the site? O tons/cubit yards 3. Will disturbed areas be reclaimed? Dyes ❑No ON : . a. If yes, for what intender purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes Mo / c. Will upper subsoil be stockpiled for reclamation? [--]Yes IZ10 l 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes PNO 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated LLA - (number). b. Anticipated date of commencement phase 1 M 1 A month lJ-A year, (including demolition). c. Approximate completion date of final phase .`3 month _ C3 2 year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ?�'No 8. Will blasting occur during construction? Dyes O'Flo 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Dyes AN.o If yes, explain 12. Is surface liquid waste disposal involved? Dyes gNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes XNo Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes X,No Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes NO 16. Will the project generate solid waste? Dyes ❑No a. If yes, what-is the amount per month 20 10s povvo5 b. If yes, will an existing solid waste facility be used? XYes ❑No c. If yes; give name —500-McY4D 16- Loo LI WPIC.I_.. location S©ur"OL-D d. Will any wastes not go into a.sewage disposal system or into a sanitary landfill? Dyes Mlo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes ANo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes AN 0 19. Will project routinely produce odors (more than one hour per day)? Dyes ANo 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes PjN0 .21. Will project result in an increase in energy use? Dyes N0 If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity N A • gallons/minute. 23. Total anticipated water usage per day •A . gallons/day. F 24. Does project involve Local, State or Federal funding? Dyes If Yes, explain 4 25. Approvals Required: Submittal Ype Date City, Town, Village Board IXYes .Flo City,,Town, Village Planning Board WYes MNo City, Town Zoning Board JKYes NNo City, County Health Department ❑Yes ANo Other Local Agencies KYes ❑No OF So,lmotD Other Regional Agencies ❑Yes CKNo DEC State Agencies 11 Yes $No . Federal Agencies []Yes `KN0 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ❑Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan Bother AOSS)61,-9 A6ar:6iq✓yr ou n[15QAAs 2. What is the zoning class ification(s)of the site? M Z rYIAP,It36 3.. What is the maximum potential development of the site if developed as permitted by the present zoning? A P,t✓S 1 t7�tJC� 4. What is the proposed zoning of the site? M 7— . 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Sam 11 C poc-S1 ®nJ 3 6. Is the proposed action consistent with the,.recommended; uses in adopted local land use plans? eyes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/, mile radius of proposed action? UP-E AQ keSI MOCE 8. Is the proposed action, compatible with adjoining/surrounding land uses within a '/ mile? Imes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? IJ• A a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes JKNo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 'dyes ❑No a. If yes, is existing capacity sufficient to handle projected demand? &es ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes AFtAo a. If yes, is the existing road network adequate to handle the additional traffic? C�es ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name DC)fJR C) CoCKS Date jq`q"gZ Signature �_ — Title m a r If the action is in'the Coastal Area,,'and you area state agency, complete the Coasts Assessment Form before proceeding with this assessment. 5 Pars' -=PROJECT IMPACTS AND TH` MAGNITUDE Responsibility of Lead Agency` General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude.that would trigger a response in column 2. The examples are generally applicable throughout the.State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples a.re illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a-question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impactwill 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 potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2'can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in. column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to the project site? Impact Impact Project Change ❑NO VES Examples. that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑Yes No. foot of length), or where"the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ Dyes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑1'es ❑No • Construction in a designated floodway. LT ❑ El Yes ❑No • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect t.. _..,y un.que or unusual land forms found on the site? (i.e., cliffs, dunes, geological.formations, etc.))NO DYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 • 1 2 3 Small.to Potential.. Can Impact Be IMPACT ON WATER Moderate Large.'' Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) 1XN0 DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ El Yes []No • Dredging more than 100 cubic yards of material from channel of a AN ❑ []Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑Yes El No • Construction in a designated freshwater or tidal wetland. ❑ ❑Yes ❑No • Other impacts: ❑ ❑ '❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? L�N0 DYES Examples,that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water / ❑ ❑Yes ❑No or more than a 10 acre increase or decrease. ,�/y • Construction of a body of water that exceeds 10 acres of surface area. El❑ ❑Yes ❑No Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? *0 DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. NT ❑ El Yes ❑No • Proposed Action requires use of a source of water that does not AM ❑ El Yes ❑No have approval to serve proposed (project) action. •- Proposed Action requires water supply from wells with greater than 45 ❑ ❑Yes El No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ El Yes ❑No supply system. • Proposed Action will adversely affect groundwater. AM ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ El Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water,in excess of 20,000 gallons per ❑ []Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an /VW- ❑ ❑Yes ❑No existing body of water to the extet that there will be an obvious visual contrast to naturai conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑Yes (_QNo products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: AAIti Ct1"r{[ COt..I.eCT6.D P10jo oiscoe6a ❑ ❑ ❑Yes ❑No { 6. Will proposed action alter. drainage flow or patterns, or surface water runoff? 1 0 DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑Yes ❑No 7 Wate 3 al Can Impact Be Mitigated By Project Change,• Proposed Action may cause substantial erosion.• Proposed Action is incompatible with existing drainage patterns. ❑Yes ❑No• Proposed Action will allow development in a designated floodway. ❑Yes ❑No• Other impacts: ADDi�iolf[�o ��' ❑Yes ❑No PRpP�'S� �� ❑ Pl�RKt�C• [1. �LUN El Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? I Examples that would apply to column 2 O OYES • Proposed Action will induce 1,000 or more vehicle trips in any given � ❑hour. ❑Yes ❑No • Proposed Action will result in the incineration of more than 1 ton of refuse per Ijour. ❑ ❑Yes []No • E:.mission rate of total contaminants will exceed 5 lbs. per hour or a •heat source producing more than 10 million BTU's per hour. ❑ ❑Yes []No • Proposed action will allow an increase in the amount of land committed I+to industrial use. ❑ ❑Yes ❑No r • Proposed action will allow an increase in the density of industrial /( ❑ development within existing industrial areas. []Yes ❑No • Other impacts: OR�AC-t� V9yO1PfLti A1J1,�' Alf? UJOVSt AAA I 06WL0 kA_ a VlNA1�iJ ❑ ❑ ❑Yes ❑No IMPACT ON-PLANTS AND ANIMALS 3. Will Proposed Action affect any threatened or endan ere species? d O ❑YES � ~Examples that would apply to column 2 . ' Reduction of one or more species listed on the New York or Federal A4 list, using the site, over or near site or found on the site. ❑ ❑Yes ❑No Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other A ❑ ❑Yes ❑No -than for agricultural purposes. /""� ❑ Yes []No ' Other .impacts: ❑ ❑Yes ❑No Will Proposed Action substantially affect non-threatene or non-endangered species? i RN O ❑YES PPY_ Examples that would a I to column 2 I Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. ❑ ❑Yes No Proposed Action requires the removal of more than 10 acres ` of mature forest (over 100 years of age) or other locally important ❑ El Yes ❑No vegetation. IMPACT ON AGRICULTURAL: LAND RESOURCES Will the Proposed Action affect agricultural land resources? IW�Examples that would apply to column 20 OYES fhe proposed action would sever, cross or limit access to agricultural and (includes cropland, hayfields, pasture, vineyard, orchard, etc.) ❑ ❑Yes ❑No g • 1 : 2 3 Small"to Potential'": Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural A El Dyes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? *0 ❑YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from Pr ❑ El Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed. land uses, or project components visible to users of ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ []Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure off istoric, pre- historic or paleontological importance? LINO OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ Dyes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑Yes ❑No project site. • Proposed-Action will occur in an area designated as sensitive for ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes . IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 PAN 0 OYES The permanent foreclosure of a future recreational opportunity. ❑ ❑Yes ❑No • A major reduction of an open space important to the community. / ❑ ❑Yes ❑No • Other impacts: ❑ ❑ Dyes ❑No 9 IMPACT ON TR .. 'PORTATION 2 3Small to ' 14. Will there be an effect to existing transportation syste s? Moderate Potential Can Impact Be Large Mitigated By Examples that would apply to column 2 NO AYES Impact Impact Project Chanoe • Alteration of present patterns of movement of people and/or • Proposed Action will result in major traffic problems. goods. El ❑Yes ❑No • Other impacts: ❑Yes ONO i ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply to column 2 ENO ❑YES • Proposed Action will cause a greater than 5% increase in the use of any form of energy ❑ in the municipality. ❑Yes ❑No • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family ❑ ❑Yes ❑No 3 residences or to serve a major commercial or industrial use. • Other impacts: &M —�_(.DC� ❑ ❑ ❑Yes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? Examples that would apply to column 2 CNO AYES • Blasting within 1,500 feet of a hospital, school or other sensitive facility. ❑ ❑Yes ❑No • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise ex A ❑Yes ❑No ambient noise levels for noise outside of structures. El the local ❑ f El Yes ❑No I ' Proposed Action will remove natural barriers that would act as a noise screen. 1 ❑ ❑Yes ❑No ' Other impacts: S-rjy 4c 6VA. r%— C- IS Z17�E6 INSv_ ❑ El Yes ❑No IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? Examples that would apply to column 2 �KNO AYES Proposed Action may cause a risk of explosion or release of hazardous substances(i.e. oil, pesticides, chemicals, radiation, etc.)in the event of ❑ ❑Yes ❑No accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic; /UPI poisonous, highly reactive, radioactive, irritating, ❑ ❑Yes ONO infectious, etc.) . Storage facilities for one million or more gallons of liquified natural / has or other flammable liquids. ' w El ❑Yes ❑No Proposed action may result in the excavation or other disturbance ' I ,.vithin 2,0oo feet of a site used for the disposal of solid or hazardous ❑ El Yes ❑N0 �-vaste. Other impacts: � ❑ �I ED ❑Yes ❑No 10 I 2 3 IMPACT ON GROWTH AND CHARACTER Small"fo Potentiab; Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change • ONO OYES Examples that would apply to column 2 • The permanent population of the city, town .or village in which the ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ✓� ❑ ❑Yes ❑No will increase by more than'5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ El Yes ❑No ' or areas of historic importance to the community. • Development will create a demand for additional community services ( ❑ []Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. 0 if El Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? t N0 ❑YES If Any Action in Part 2 Is Identified as a Potential Large Impacg 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) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated 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 irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. _ (Continue on attachments) 11 , ., 14.14.11 ( 97)-9c 617.21.21 SEAR Appendix B State Environmental Quality Review ' Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/4-1/2 1/2-3 3-5 5+ • 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 ❑ ❑ ❑ 11 . ❑ observation, enjoyment and 'appreciation of natural or man-made 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 Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? . ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 0 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) ❑Yes ❑No r 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 El No 1 DESCRIPTION OF'CnISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe th+e surrounding environment. Within *'/a mile *1 mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ 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: *'/z mile ❑Yes ❑No *1 miles ❑Yes ❑No *2 miles ❑Yes ❑No *3 miles ❑ 'Yes ❑No r * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number bf 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 ❑ ❑ ❑ ❑ At a residence ❑ ❑ ❑ r, ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ E 2 NOTICE Police Dept:, - - Bay Constable Town of Southold Peconi•c, New York 11958 NOTICE OF VIOLATION Date:-- ' C_T:� ,r '_-- --- 19- J To: =------ -- - � - - ��--- -= � -�---------------------- tOwner or authorized agent of owner) ��i't: f-1 !yl Address: .._.•�.., --------=--------- (Address of. owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article---=---- ----- Section----=--------- at premises hereinafter described in that--�-1� =-=s=�r�==-=``�^= '�"�- -=`---- _`'i 't'. ti F�I_I f�✓h _ ;'L !"1 _11\! J.r}— 1P—�-- ����—e,-3�5 a�_1�Hni b_ _ C__J�1_Iti d r•li _ !'� _-�;1q1 I 7 _ 1 7�!YFi — --f�f _ 1Cl: _5—t'�l_1 L. 4.D —i�t-_(>.•_�'_ _+J tom; -_d� r, — — — -—— — —————— You are therefore directed and*•'ordered to comply with the f0110Wiri'g - =------�-==-=�'-`�'_�_'------------ a - A ------r—(`i__A—L_-- �l.l t 4. /,11_—_— l(%rJ.�•�c:—_—�� --j—=f— 1--�-' — — — -------- ri`i;1 _ e— v -- -- .--, -- --- .----' —I—\--r--11A --------------------------------------------------------------' an" or before --- sr`'-----day of -- -�'-a-�''� . _, ---- 19-` --- / The premises to which this' Notice of Violation refers are situated at: f a' � ! �fj'- >> 1 i Y 6?l -town of Southold,. ——_——— — — _— —— ————— —— — — ——-—————————— Suffolk -County, N-.Y. (Suff.. County l'ax biap Designation: Dist. r; Section:---=�- ---Block:-==-----Lot: --�.-,---� Failure to comply with the applicable, provisions of the law may constitute an offense punishable by fine or imprisongnent or both. � I NOT,ICE: You have .the right to "apply for a hearing before the Board of Trustees of the .Town of Southold, provided that you file' a written request with 'the Clerk of the Trustees within 10 days after service- of the .Notice of Violation. Such request shall have annexed thereto a copy' of the .Notice of Violation upon which a Hearing is requested and 1 shall set forth the reasons why such notice of violation should be modified or rescinded, BaY' Cghstable, Town of Southold, NY i TRUSTEES John.M.Bredemeyer,III,President ® SUPERVISOR Henry P. Smith,Vice President O ,? SCOTT L.HARRIS } Albert J.Krupski,Jr. John L.Bednoski,Jr. ��Ql ��®� Town Hall John B.Tuthill 53095 Main Road P.O.Box 1179 ` Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD CERTIFIED MAIL March 30, 1992 Matt-A-MAR Marina P.O. Box 1235 Mattituck, NY 1i952 RE: Violation of October 5, 1991 Dear Sirs: To date we have not had a response from you with .respect to_the notice of. violation dated October 5, 1991, a copy of whicli is enclosed for your information. Please be advised -that absent your submitting a. completed' i' wetland permit application to this office by April 14, 1992 we shall proceed with a legal action against you for'.activities you have undertaken on, your property in violation of Chapter 97 of the Town Code., The Board of Trustees may be able to schedule a field inspection with you prior to that date, provided you agree to make a good=faith-effort .to submit the required .application on or '.� before the aforementioned date. We can no longer wait for a return in this matter. Very truly yours, ti. John M. Bredemeyer, II President, Board of . Trustees cc: Bay Constable . Town >Attorney i W I rfl ,I SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW I Y 456 GRIFFINO AVENUE,CORNER OF LINCOLN STREET P. O. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y. 11901 PIERRE G.LUNDBERG FRANCIS J. YAKABOSKI. (516) 727-4100 REGINALD C. SMITH FRANK A.ISLER 1926-1983 SUSAN POST ROGERS FAX (516) 727-4130 GAIR G. BETTS Df7� �/( DAWN C.THOMAS DOUGLAS R.DEFEO . March 9 , 1992 I i JAR Supervisor Scott L. Harris Town Hall P. O. Box 1179 53095 Main Road Southold, NY 11971 ATT: Matthew Kiernan, Esq. Re: Matt-A-Mar Boat Storage Building Dear Matt: With respect to the above a Notice of Appeal dated November 6 , 1991 was filed in the Suffolk County Clerk' s office on November 7 , 1991 to preserve the Town' s right to appeal Justice Geiler' s order dated October 16 , 1991 . Since Justice Geiler' s order was rendered after a full hearing on the merits of the application, the Town must perfect its appeal on .or before May 6 , 1992 . To date, I have not been authorized to perfect said appeal and am therefore informing you of its present status. Very truly yours, GAIR G. BETTS GGB: fb cc: Gerard P. Goehringer, Chairman Zoning Board of Appeals for Town of Southold 1 HARVE17 A. ARNOFF �' � 1 SCOTT L. HARRIS a • Town Atiyrney �,..� •�� o<;� • „;�j Supervisor r79 c MATTHEW G. KIERNAN' Town Hall, 53095 Main Road Assistant Town Attorney P.O. Box 1179 _'_•; , ,. Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD November 12, 1991 Mr. Richard Lark, Esq. Main Road Cutchogue, NY. 11935 Re: Proposed Site Plan for Matt-A-Mar Marina Wickharn Avenue, Mattituck, NY SCTM # 1000-114-3-1 Dear Mr. Lark: Pursuant to our meeting on October 28, 1991, 1 have obtained from the various offices in the Town, proposals reference. your clients project and how it might best be handled from this point on. In an effort to deal with those issues, as presented, I will attempt to discuss each .one of the enclosures separately. 1 . Planning Board request. Kindly review same with the view towards obtaining site plan approval and also specify the time designations if, in fact, it is your clients intent to complete the improvements instate. 2. The memo from the Board of Trustees as submitted, is quite clear and will require your client's compliance with their requirements as well. I think Mr. Bredemeyer's correspondence is clear and should provide a handy reference guide foryouu for purposes. of furthering your client's application. 3. Although succinct, the memo from Mr. Goehringer outlines the position that the ZBA will require a variance application, notwithstanding anything else contained in that document. (incidentally, as I advised you, we are filing a notice of appeal so as to protect the Town's rights should our discussion prove fruitless). _t. 1 Richard Lark, Esq. November ,12, 1991 Page 2 Finally, the memo from the Building Department is such that I have advised them that the contents of the letter to them of November 1, 1991, are in contravention to the meeting which took place a few days earlier and that at the present time the Building Department will not respond to that letter. Very trul rs, f/ 1 Harve off Town orney HAA:mis cc: Planning Board Zoning Board of Appeals Board of Trustees Building Department W_ ®S�FFOL PLANNING BOARD MEMBERS G 1991 COTT L. HARRIS Bennett Orlowski, Jr., Chairman b Supervisor George Ritchie Latham, Jr. � SOUTH Richard G. Ward TOWN OF Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 1]971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Harvey Arnoff, Town Attorney �r FROM: Bennett Orlowski, Jr. , Chairman -V��� RE: Proposed Site Plan for Matt-A-Mar Marina Wickham Avenue, Mattituck, N.Y. SCTM * 1000-114-3-1 DATE: November 1, 1991 As a result of the October 28th meeting that you called, it was agreed that the Planning Board would submit a detailed list of the site plan elements that Matt-A-Mar should include in its application for site plan approval. The following information shall be shown on a revision of their original site plan application of 1987: - New (1989) zoning designation; - Location of all buildings and structures (including bulkheads and retaining walls, boat storage areas, parking and travel paths (pedestrian and vehicular) ; - Location of flagged wetland line; - Square footage of building floor area, and identification of use(s) ; - Landscaping plan, with particular emphasis on screening of building from neighboring residences; Parking calculations for employees and customers to marina, pool, snack bar and restaurant uses; Drainage calculations and proposed locations of dry wells to retain stormwater for new building and parking areas; - Location of the pump-out facility required by the Trustees' permit (dated July 21, 1988) ; Location of existing well and septic systems; (Health Department approval must be obtained before site plan can be approved. ) .One final note: for traffic safety reasons, the driveway' s intersection with Wickham Avenue should be moved to the northern part of the property, north of Freeman Avenue, to where Wickham Avenue crests. The existing driveway lies below the crest. As a result, sight distance north of the driveway is limited. If the applicant wishes to complete the improvements in stages, the site plan should show the order and timing in which the improvements will be undertaken. The designation of a three to five year time period for the completion of all phased development would be reasonable. If you have any questions or concerns, please let me know. cc: John Bredemeyer, III, President, Trustees Board ✓ Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman, Zoning Board MEMORANDUM SUPREME COURT, SUFFOLK COUNTY TRIAL TERM PART 16 In the Matter of the Application of, MATT-A-MAR, INC., BY: CEILER, J.S.C. Petitioner, For a Judgment pursuant to Article 78 of the CPLR, DATED: � ► 199 -against- GERARD P. GOEHRINGER, CHARLES INDEX NO.: 89-11002 GRIGONIS, JR., SERGE DOYEN, JR., JOSEPH H. SA`NICKI and JAMES DINIZIO, JR., Constituting the ZONING BOARD OF APPEALS OF THE CDISPSUBJ TOWN OF SOUTHOLD, Respondents. RICHARD F. LARK, ESQ. SMITH, FINKELSTEIN, LUNDBERG, Attorney for Petitioner ISLER & YAKABOSKI, ESQS. Main Road Attorneys for Respondents,._ P.O. Box 973 456 Griffing Avenue Cutchogue, NY 11935 P.O. Box 389 Riverhead, NY 119QI' Petitioner requests judgment pursuant to CPLR Article 78, annulling and vacating a determination of respondent which invalidated petitioner's'building permit. Petitioner has also moved for an order striking out certain portions of the return on the grounds that they are prejudicial or unnecessarily inserted in the return. It is considered that the applicants before the Board successfully established their standing by virtue of proximity to the subject property; and that the bringing of the proceeding before the.Board of Appeals was timely. The motion by petitioner to strike certain portions of the return-is denied as mooted by the decision of this Court, now rendered. Petitioner is the owner of a nine (9) acre parcel on the westerly side of Wickham Avenue and the easterly side of Mattituck Creek, at Mattituck, Town of Southold, County of Suffolk, New York, The property has been, for many years, and is now, utilized as a marina. PAGE 2 MATT-A-MAR V. SOUTHOLD ZBA INDEX NO. 89-11002 A building permit was issued to petitioner on October 6, 1988 for the construction of a structure (125 feet by 200 feet) for the indoor storage of boats at the marina. Shortly after the permit issuance, construction of the storage building was commenced. A hearing, instigated by Browcr Woods Association and Barbara Reiter, for a reversal of the permit, was conducted by respondent Zoning Board of Appalls of the Town of Southold on March 9, 198J. The Board, by determination rendered May 9, 1989, held that the permit had been invalidly issued, not having been in conformity with certain provisions of the Town Zoning Code, specifying non-conformance concerning the minimum required setback of buildings at not less than 75 feet from the bulkhead, and non-conformance with site plan review of the Town Planning Board. Under a heading "Other Considerations", the Board's decision held that prior to re-issuance or reinstatement of a Building Pert-nit, ".further interpretations must be formally requested ... for further clarification as to whether all of the activities in this proposed building is a Permitted principal use or a permitted accessory use ... including ... applicable requirements In determining height limitations and yard locations under the Zoning Code, and shall be remanded for further hearings, if necessary...",. At the time of'kilo permit issuance, the property was zoned "B Light Business District." Section 100-60 of Article VI of the Town Code specifically permitted use within that zone of "A(9) Marinas for the docking, mooring and accommodation of non-commercial boats, including the sale of fuel and oil primarily for the use of boats accommodated in such marina." Subsection C defining "Accessory Uses", states: "Accessory Uses on the same lot with and customarily incidental to any permitted use and not involving a separate business." A new Town Zoning Ordinance went into effect on January 10, 1989, prior to the time of the Board decision, under review herein. The area occupied by petitioner was re-designated "Marine II (MII) District." - §100-121. Use regulations. In the MII District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the � following [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]: A. Permitted Uses. f o. 89-11002 ,AGE 3 MATT-A-MAR V. SOUTHOL.D ZDA ANDEA N . (2) Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of fuel and oil primarily for the use of boats accommodate4,lin such manna. The respective positions of the parties herein may be summarized as follows. Petitioner asserts that the building permit was validly issued, since the retaining wall was not a bulkhead, and placing the building 75' from the high water mark, was suffccientf rider the (rode; mordover, when the permit was issued, the Code did not require site plan approval i :cessory structures, nor limitation on s e location provision,ion, the practical construction ctures, that ere there is of it by those doubt or ambiguity in construction of a p :barged with the duty of enforcement almost takes on the force of judicial interpretation,itioner acquired ,�eichenback v Windward, 80 Misc2d 103, aff'd 48 AD2d 909, 1003; further, petitioner q :-ested rights to complete construction, and, by virtue of the permit issuance, the height of the cord herein. also'building is within legal limits, as refl e � tithe r timeliness of the application before theas to standing of thoserwho made uestio es the eclares that respondent is equitably estoppel fin relean e o voking application, and finally, the permit in light of the incurrence of such substantial expenses, over $400, , it. position is that hat the annulling of the permit was proper since the indoor storage of boats was not permitted in the B Lightie iBusiness dioor$Dfage of boas was anpermitted a se, chat site plan approval was a requisite, even i citing Sec. 100-60(A) of the Code, that all permitted uses in the B Light Zone are "subject to site plan approval";, that petitioner's argumen t that laccessory differentiated between ms were arinas and boat from the site storage, lan requirement is in error since the Codep Y treating them as distinct and separate uses, obusiness, esspetitioner`s calling the one industrial. ,2Se000square .* torage of boats cannot fall within the accessory use provisions. the feet industrial building an 'accessory use' 3oeenoin�a Sete plan it ,approval for the entire BnLig hoar . and Board of Appeals construed the Code requiring would no have been Business parcel, including any accessory structures;contravened zponing underlCode See. 100--119 2 which forthcominn since the building would have recites that all buildings on lots on.which set back not less than 75concrete wall or � from the bulkhead; and which is adjacent to tidal water bodies shall be that petitioner's own survey shows the building to.be 65' from the bulkhead, thus the setback violated the Code and the permit was invalid. Continuing, the Board cites a 1977 holding by it on this same property, that indoor storage of boats would not be permitted. s topetitioner's unde ttiatgn existence upoaethe Board mustrmit review, judged not under the law existing when iss , even if this were the case, the permit would still be invalid since it would have issued without res approval of site development plans as a site plan approval, since the new code requi. pre-condition for any building permit; respondent cites Perolta v ,New York, 107 AD2d 320, PAGE 4 MATT-A-MAR V. SOUTHOLD Z13A INDEX NO. 89-11002 F aff'd 66 NY2d 859, that no vested rights can be acquired from an illegal permit, even if there is Hood faith reliance thereon; the Board of Appeals, not the Building Inspector, is the final interpreter of the Zoning Code. Finally, respondent defends the standing and timeliness of those who petitioned the Board, noting that{the time for neighbors to appeal the issuance of a building permit does not begin to run until they become:reasonably chargeable with notice, and thereafter have a reasonable time to bring the appeal, and cite 2 Anderson on New York Zoning Law and Practice, Sec. 26.07, p. 373, to the effect that. a property holder in near proximity to the subject premises has standing to seek judicial review without pleading or proving special damage; the adverse effect being inferred from the proximity. L I I It is made apparent in respondents' submitted papers that its primary rationale in annulling the permit is that an industrial use was considered to be illegally intruding into a business zone, and that a site plan was required in any event. Since the Code was changed before the Board's decision, clearly enabling the erection of a boat storage building in the newly designated Marine Ii (MlI) District, the first basis for the decision must fail (joardtvalk & Seashore Corp. v Afurdock, 286 NY 494, 29 NYS2d (not paged), thus: It is in general. true that the province of an appellate court is only to inquire whether a i judgment when rendered was erroneous or not. But if subsequent to the judgment and before decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied. ... In such a case the court must decide according to existing laws, and if it be necessary to set aside a judgment, rightful when rendered, but which cannot be affirmed but in violation of the law, the judgment must be set aside. The interpretations by the Building Inspector that the retaining wall was not a bulkhead, thereby, in effect, legalizing the building's distance from the water, and that the building was an, accessory use not requiring a site plan under the Code (former) would appear to come within Judge Lazer's opinion in Relchenhack v Windward, 80 Misc2d 1031, aff'd 48 AD2d 909, which, at pg. 1033 states: The building inspector's interpretation of Land's plans (as well as those of two other projects) as ff+br.777.77 . constituting motel and not apartment units is neither irrational nor unreasonable, although its correctness is not free from doubt, It is a cardinal principle of statutory construction that in case of doubt or ambiguity in the meaning of a law, the practical constnuction that has been given to it by those charged with the duty of its enforcement takes ortl almost the force of judicial interpretation (Matter of Lezette v Board of Lduc., 35 NY2d 272; sec, also, Matter of West Jr-ndequoit Teachers Assn v Hclsb,x, 35 NY2d 46; Matter of Howard v Wyman, 28 NY2d 434). By virtue of tho foregoing considerations, it follows that the subject permit herein was not void, and that petitioner's procedure in relying on it, involving the substantial completion of the edifice and. the incurrence of great expenditures, gave rise to a the right for the continuance of the project. Titus, Gle,3e1 Realty Corp. v WorM 3 rP ngta:, 4 AD2d 702, 164 NYS2d 635, 638: Jt is well settled that one who, in reliance upon a permit validly issued by a municipality, in good faith makes substantial improvements and incurs substantial expense in order to make his land suitable for a specific purpose or use, acquires a vested right to such use, even though, by reason of subsequent changes in the zoning ordinance such use has become a prohibited or nonconforming use (Riverdale Community Manning Ass'n v. Crinnion, Sup., 133 N.Y.S.2d 706, affirmed 285 App. Div. 1047, 141 N.Y.S.2d 510, appeal dismissed 1 N.Y.2d 689, 150 N.Y.S.2d 616. (citing further authorities). Although the present Code requires a site plan; the issuance of one, at this late date, could substantially affect the building now erected. Since the holding here is that a vested right to its maintenance has been established, the site plan requirement is deemed Obviated. The subject building shall continue as now constructed, and in its present )ocation, under the initial permit. The determination of respondent Board is reversed and set aside, and the permit issued by the Building Inspector reinstated and confirmed. ' Settle judgment. II ��. LPL/r �••,► J.S.C. _>StfWt � TRUSTEES John M.Bredemeyer,III,President ® -;,s SUPERVISOR Henry P. Smith,Vice President t�,� 4r A SCOTT L. HARRIS Albert J.Krupski,Jr. John L.BednosM,Jr. °A�� " o�� Town Hall John B.Tuthill 53095 Main Road P.O.Box 1179 Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD TO: Harvey Arnoff, Town Attorney FROM: John M. Bredemeyer, III, Pres Board of Trustees RE: Matt-A-Mar Marina DATE: November 4, 1991 Pursuant to the requirement of the Town Code Chapter 97 (Wetlands) , Chapter 44 (Town SEQRA) , N.Y.C.R.R.Part 617 (SEQRA) , the notice of the Bay Constable of October 5, 1991 and the request by Matt-A-Mar Marina that all particulars surrounding the needs for governmental approvals be disclosed prior to their submission of applications, the Trustees office offers the following: The existing structure, subject of the Bay Constable issuing ,a violation on October 5, 1991, will require a permit or waiver under Chapter 97 (wetlands) pursuant to Chapter 97-20 A or B (Copy of page 9706 attached) . It has been the policy of the Trustees to consider a waiver under 97-20B upon submission of: an application for a permit under Chapter 97, a written request for a waiver, information substantiating that all activities will take place landward of the wetland, as defined in 97-13 (copy of page 9705 attached) , and information substantiating that all the criteria of Chapter 97-28 (copy of page 9710 attached) will be met. Preference is given to all sites where these conditions can be met landward of a functional retaining wall or bulkhead and where any minor requirements requested by the Board can be included in pending Zoning Board of Appeals or Planning Board site plan approvals. Waivers are only granted for proposals within the 75 ' upland area adjacent to wetlands if the aforementioned conditions are met. Projects which do not qualify for a waiver are denied for cause at a public meeting, at which time the Board will process the application in the usual manner. The usual application sequencing for a wetlands permit under Chapter 97 follows a five phase process: 1. a. Application and Application fee received. b. Referral to C.A.C. for review. C . Town and State SEQRA. 2. a. Field inspection of Trustees. b. Field inspection of CAC. 3. a. Environmental determinations/SEQRA concluded based on applications and inspections of CAC and Trustees. b. Public Hearing scheduled. 4. Public hearing held. 5 . Permit considered. This process regularly takes less than 4 months for projects which are granted a Negative Declaration pursuant to SEQRA. Due to the stated purpose of SEQRA as a tool to provide answers and environmental mitigation in a fluid public process, it is impossible to consider such a process for this site on a hypothetical basis. However, it is a fact that the Trustees have never considered taking lead agency for a building such as this when Planning Board site plan approval was involved. The environmental concerns of the Trustees for this site would likely include: boat wash down containment, roof runoff containment, site run-off containment, possible request for swale and berm at retaining wall/bulkhead, review of toxic handling and review of pumpout availability. Enclosed for your convenience is an application for a Town wetlands permit. This memo should. not be considered exhaustive with respect to the requirements of Chapter 97, as the degree of public involvement under SEQRA can significantly alter the level of review before this (or any) Board. enc. APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P.Goehringer,Chairman. Supervisor Charles Grigonis,Jr. , - Town Hall,53095 Main Road Serge Doyen,Jr. - James Dinizio,Jr. �� P.O.Box 1179 Robert A.Villa ;,�'.; Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Harvey A. Arnoff, Town Attorney FROM: Jerry Goehringer, ZBA Chairman DATE: November 4, 1991 SUBJECT: Matt-A-Mar Boat Storage Building Wickham Avenue, Mattituck This letter will re-confirm this Board' s position that the procedures for a variance application cannot and will not be waived, and an application for not only the setback distance from the wooden bulkhead- wall, but also for excessive height over 30 ft. will be necessary for the above "boat storage building. " It is, therefore, our position to urge the filing of an appeal concerning Judge Geiler' s recent court decision until compliance . is made under the above application and any other agencies having jurisdiction thereunder (such as the Planning Board and Town Trustees) . SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET C�/] LLL��7 v P.O. BOX 389 HOWARD M.FINKELSTEIN 1;j PIERRE G.LUNDBERG RIVERHEAD, N.Y. 11901 z I FRANCIS J.YAKABOSKI 2 v FRANK A.ISLER (516) 727-4100 REGINALD C. SUSAN POST ROGERS GAIR G.BETTS FAX (516) 727-4130 K'• � '?3e.•4"r'"`�„+zaa;. .,. August 1 , 1990 Mr. Gerard Goehringer, Chairman Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Town of Southold v. Matt-A-Mar, Inc. Dear Gerry: Enclosed please find the memorandum decision of Justice Luciano which merely sets the proceeding for a hearing to determine whether the appeal to the Zoning Board was brought in a timely fashion. I will be contacting Dan Ross since his clients will have to be the principal witnesses on this issue. While the matter has been scheduled for August 27 , 1990 , we will seek an adjournment since I will be away on vacation. If you have any questions,,please do not hesitate to call. Very truly yours' ' Al ' I LFRANK A. ISL R v t FAI:bm Enclosure cc: Harvey Arnoff, Esq. w/enclosure MEMORANDUM SUPREME COURT STIFFO K COUNTY IAS PART X In the Matter of the Application of: BY: DANIEL F. LUCIANO, J. S. C. MATT-A-MAR, INC. , DATED �� 1990 Petitioner, 04A7 -against- INDEX NO. 89/11002 PETITION DATE 7/3/89 GERARD P. GOEHRINGEFt, CHARLES MOTION DATE 8/14/89 GRIGONIS, JR. , SERGE DOYEN, JR. , CALENDAR DATE 8/21/89 JOSEPH H. SAWICKI and JAMES RRH DINIZIO, JR. , constituting the Zoning Board of Appeals of the Town of Southold, Resr,onr ents. RICHARD F. LARK., ESQ. SMITH, FINKELSTEIN, LUNDBERG, Attorney for Petitioner - ISLER & YAKABOSKI, ESQS . Main Road Attorneys for Respondents Post Office Box 973 456 Griffing Avenue Cutchogue, New York 11935 Post Office Box 389 Riverhead, New York 11901 In this Article 78 proceeding the petitioner, Matt-A-Mar, Inc. , seeks a judgment annulling and vacating the determination of the respondent Zoning Board of Appeals made at, an April 27 , 1989 Special Meeting and filed with the Southold Town Clerk on May 9 , 1989, which found a building permit issued to the petitioner, Matt-A-Mar, Inc. , invalid, and voided "the effects of said permit" . The petitioner, Matt-A-Mar, Inc . , has challenged that determination in this Article 78 proceeding on various procedural and substantive grounds . The petitioner has also moved to strike out certain portions of the return before the Court. One of the threshold procedural grounds for challenging the action of the respondent, Zoning Board of Appeals , is that the proceedings before it were untimely and, thus, 'barred. The subject building permit was issued to the petitioner, Matt-A-Mar,. Inc . , on October 6, 1988 . Such issuance of the permit was the action appealed to the respondent, Zoning Board of Appeals . The appeal application is dated "1/30/89 The petitioner, Matt-A-Mar, Inc . , has asserted that work was undertaken pursuant to the subject building permit almost immediately ' after its issuance and that such work was open, obvious and "in full 1� PAGE 2 - MATT-A-MAR V. GOEHRINCER INDEX NO. 89/11002 view of anybody passing by the property either on Wickham Avenue or Mattituck Creek. " (Affidavit of Donald Cocks, sworn to July 27 , 1989, paragraph "6" . ) Section 267(3) of the Town Law provides that an appeal to a board of appeals from any order, requirement, decision or determination made by an administrative official "shall be taken within such time as shall be prescribed by the board of appeals by ' general r'ile. . . . .. Although that requirement that a board of .zoning appeals adopt a. rule limiting the time for appeals is mandatory (2 Anderson, New York Zoning Law and Practice, third edition, section 25 . 07) it- appears that the respondent, Zoning Board of Appeals of the Town of Southold, has not adopted any such rule . This situation is not unique, however, and the procedure to be adopted in such circumstances was set forth in Ehrenberg v. Persons , (8 A .D. 2d 18) . The measure of whether the appeal is timely is one of reasonableness . Moreover, it is for the Court, and not the Zoning Board of Appeals , to determine whether the appeal is timely.- Further, it was ruled in .that case that the determination was to be made after a hearing "It which� ;ll parties may present evidence bearing upon the reasonableness of the time in which the appeal to the Board was taken . (8 A.D. 2d at 22 . ) Additionally, in Cave V Zoning Beard of Appeals of Village of Fredonia, (49 A .D. 2d 228 , motion for leave to appeal denim , 38 N.Y. 2d 710) the Court stated that. " [i]n consideration of the reasonableness of time in which an appeal is to be taken. . . the commencement of the period runs from the date that grievant becomes chargeable with notice of issuance of the permit complained of, provided there has been no element of undue delay or laches . " (49 A.D. 2d at 231 . ) Uaaard, wee Pansa v. Damiano, 14 N .Y. 2d 356; Highway Displays , Inc. v: Zonins Board of Appeals of- the Town of Wappinaer, 32 A .D. 2d 668; I evien v. Board of Zoning and Appeals of the Incorporated Villa.ae of Russell Gardens , 64 Misc. 2d 40 (MEYER, J. ) . ) It is noted that there may be some divergence in opinion as to the proper construction or implementation of the above-stated rule concerning the time from which the period for appealing to a zoning board of appeals should be deemed to have commenced to run. In Waaaaaa— v. Damiano, supra, the seminal case with respect to this issue, an applicant had been granted a building permit by the Building Commission of the City of Utica. The appellants were neighbors of the applicant who objected to the issuance of the building permit. The zoning ordinance required that an appeal to the Zoning Board of Appeals had to be taken within thirty days of the decision to be appealed . The appeal , however, was not taken within thirty days after the decision to issue the building permit. Instead, following inquiries made by the neighbors after they observed the first steps of construction , several meetings ensued between the objecting neighbors and city officials . These meetings were followed by a special meeting of the Planning Commission. According. to the Court PAGE 3 - MATT-A-MAR V. GOEHRINGER INDEX NO. 89/11002 of Appeals the petition in the case before it "allege[d] that at the end of the meeting [the objecting neighbors] were told by an assistant corporation counsel ' that a written decision would be rendered and submitted to [the objecting neighbors] ' and that the losing party could then appeal to the Zoning Board of Appeals . " ( 14 N. Y. 2d at 359.: ) While the applicant for the building permit did not concede the accuracy of that assertion, he and the City of Utica did acknowledge being told that the applicant would be informed of the opinion of the Planning Commission . On the receipt of such opinion the objecting neighbors filed their appeal with the Zoning Board of Appeals . The zoning board of appeals dismissed the appeal , inter ali.a, on the ground that it was untimely. The Court of Appeals concluded that the thirty day requirement for filing the appeal had been unreasonably and undesirably construed, and stated: Strictly applied, it might prevent any appeal at all since the neighbors might not learn till long afterward of the issuance of a building permit. As applied to an applicant denied a permit the proposed construction might be fair and sensible . But one who demands revocation of a permit issued to another is in no position to appeal or at least should not be .required to take his appeal until his demand for revocation has been rejected with some formality and finality. It is the duty of the courts to construe statutes reasonably and so as not to deprive citizens of important rights . In performance of that duty we read section 3 of article XIII of the zoning ordinance as meaning that the prescribed 30 days does not begin to run against one who seeks revocation of a permit until his objections have been overruled in a "decision" of which he has had notice . ( 14 N. Y. 2d at 359-360 . ) In Highway Displays Inc v Z��nin Board of Antaal . f the Towti �. WaUpirl�z-r�, the Appellate Division , Second Department, considered the timeliness of an appeal to a zoning board of appeals by property owners who objected to the issuance of a building permit to an applicant. In that case the building permit was issued on July 19, 1963 and the By-Laws of the Zoning Board of Appeals provided for a thirty day period to appeal. "after the date of receipt of written notification by the interested party or parties of the decision of the- 'enforcement official . " The objecting property owners did not receive written notice and first noticed construction activity on August 15 , 1967 . They initiated their appeal on August 30, 1967 . Citing Pansa v. Damiario, aUp_ra, the Appellate Division, Second Department, concluded that the appeal to the Zoning Board of Appeals had been timely taken. This appears consistent with the rule stated by the Appellate Division , Fourth Department, quoted above in Cave v. 7.nnina Board of PAGE 4 - MATT-A-MAR V. GOEHRINGER INDEX NO. 89/11002 It appears , therefore, that in the Appellate Division, Second _ Department, and the Appellate Division, Fourth Department, the time to appeal for a party agrieved by issuance of a building permit to another may begin to run when such aggrieved party becomes chargeable with notice of issuance of the permit and it is not only a formal and final rejection of the grievant's application to revoke the permit which will commence the running of the appeal time. In both Highway Displays Inc v Zoning Board of A r, i3pe 1 o theTown of Wanpinaer , au d , and Cave V . Zoning Board of Appeals of Vi11aae of Fredonia, the objecting neighbors ' time to appeal was measured from the date on which activities were observed on the property of the applicant taken pursuant to the building permits in dispute. (It may be significant, however, that in both of these cases the appeal was found to be timely and, therefore, it was not necessary for the Court to determine if the time to appeal should not have begun to run until some later point . ) More recently, however, the Appellate Division, Third Department, in Cou er v. Mongin , (87 A .D. 2d 932 , motion for leave to peal denied , 57 N . Y. 2d 601 , ppe..A d; sm i ssed , cert. denied 459 U. S. 1095) may have construed .Pansa v. Damiano, tiunra, .somewhat differently. In that case, the applicant was granted a building permit on June 8 , 1979 allowing her to construct two fences . The Court indicates that construction commenced in October, 1979, but does not provide the exact date. A neighbor registered a complaint to such construction at a Town Board meeting on November 20 , 1979 and was told to attend a meeting of the Town Planning Board and Zoning Commission on December 3, 1979 . At that meeting he was told he could not obtain the relief sought and he thereupon filed his appeal with the Zoning Board of Appeal: on December 6 , 1979 . With respect to the issue of the timeliness of the appeal to the Zoning Board of Appeals the Court stated the following: Petitioner maintains that the appeal by her neighbor to the zoning board of appeals was untimely. The relevant rule provides that. an "appeal must be made within thirty (30) days of the action of the administrative official appealed from" (General Governing Rules , Zoning Board of Appeals of. the Town of Niskayuna , [section] 5 . 1 . 2) . In situations such as the present one, however, where a person demands revocation of a permit issued to another, an appeal should not be required until his demand for revocation has been rejected with some formality and finality (Matter o Pansa v. Damiano , 14 NY2d 356) . Applying a liberal construction to the applicable rule in the instant case as the court did in Erma and considering the circumstances surrounding the appeal , we conclude that the appeal was timely. (87 A .D. 2d at 933 . ) Thus , it may be that in the view of the Appellate Division, Third Department , the time to appeal the .issuanee of a building permit to another does not run from the date of discovery of the PAGE 5 - MATT-A-MAR V. GOEHRINGER INDEX NO. 89/11002 issuance of the building permit but, rather, that it does not begin to run until a complaining party learns of the issuance of the permit, seeks its revocation through means other than an appeal to the zoning board of appeals , and has such attempt to have the building permit revoked "with some formality and finality. " Whether or not these cases reflect a conflict among the Appellate Divisions , this Court is nevertheless bound by the rules and principles set forth by. the Appellate Division, Second Department . In this regard there is no evidence or allegation of an alternative application by the complaining neighbors to town officials seeking revocation of the building permit and, thus , no need to measure the commencement of the time' for appeal from any alternative formal and final decision. A different conclusion would require a .finding that the time to appeal has not as yet begun to run. It is concluded that in the present factual setting the time to appeal commenced on the date that the complaining neighbors were chargeable with notice of the issuance of the building permit by virtue of the activity undertaken pursuant to its authority. There remains , however, some question in this case as to the particular date from which the reasonable time for an appeal to the . respondent, Zoning Beard of Appeals , should be deemed to have commenced. As noted above, the petitioner, Matt-A-Mar, Inc. , has asserted that almost immediately after issuance of the building permit steps were taken in furtherance of the construction of the disputed building. In an affidavit of Donald Cbcks , the manager of the petitioners , Matt-A-Mar, Inc. , ,marina, he indicates the . following: .. . . I and three other men immediately starting clearing the area by removing old boats off the premises , and hauled them to the Town dump using a backhoe, International Bulldozer, and a dump truck . At least eight truckloads in an eight to ten yard dump truck were taken to the dump during the week of October 10 , 1988 and October 17 , 1988 . In the week of October 25 , 1988 electric and plumbing lines were dug ug and moved by myself and three other men . . . . On November 10 , 1988 , a vertical, test boring truck . conducted a test on the premises with its 25-30 feet high apparatus . This took at least 3-1/2 hours and made a loud noise with its pile drivers while the tests were conducted . During the early weeks of November the clearing of the premises continued. Oil November 30 , 1988 a John Deere Bulldozer arrived so that bluestone in the parking area could be removed . . . . On December 9 , 1988 , the building stakes were set in the ground. On December 15 , 1988 , bluestone was piled into a twenty foot high mound on the southeast section of the marina. Iiuring this time 'Aiello Concrete and Nowak Construction Co. both posted their signs on the entrance to PAGE 6 - MATT-A-MAR V . GOEHRINGER INDEX NO. 89/11002 the premises on Wickham Avenue. On December 19 , 1988 , a D-6 Caterpillar Bulldozer arrived and began excavating for the foundation with the piles of dirt formed on the east end of the marina along Wickham Avenue piling up 25-35 feet high. On December 21 , 1988 , was the delivery of forms from tree concrete contractor. On December 22, 1988 , footings were set up by the excavator and concrete contractor. On December 23 , 1988 , 12 four foot by four foot piers were Poured . On December 24 , 1988 , and January 4 , 1989, the footings were poured . By late January, the foundation was finished. . . . . . since October 6 , 1988 , the date the building permit was issued, to the time I heard the neighbors were complaining in the middle of February, there was continual activity on the property with construction of this boat storage building. Since there were no leaves on the trees on Wickham Avenue, all construction activity was done in full view of anybody passing by the property either on Wickham Avenue or Mattituck Creek . Therefore, . anybody in Browers Woods going to town had to see the construction from the very beginning . Numez'Ol1S people stopped in while construction was in progress- asking what we were doing. I know personally that several people in Browers Woods knew what, was being constructed on this location . Several of the neighbors were Borge Esphensen, Ernest Burghards , Gerlad McGinty, Herbert Goldschmidt, Steven Romeo. In addition, the neighbors across Wickham Avenue had to see the construction work from the very beginning. Also, contractors and business people in the Mattituck area as well as the Chamber of Commerce knew we were constructing an indoor boat storage building. While no affidavits are offered from the complaining neighbors in opposition to the petitioner's , Matt-A-Mar, Inc. , assertions the respondent's , Zoning Board of Appeals , has , in its reply memorandum of law , (page 9) , offered the following argument : The mere clearing of debris would not put anyone on notice that a building permit had issued . Thus , at .best to petitioner, the "excavation" creating mounds of bluestone and dirt, beginning in the middle of .December, might be the first possible indication that something was going on. Footings[ , ] however[ , ] were not poured according to petitioner under (sic) late December, presumably during the holidays . In view of these arguments , and consistent with the procedure employed in enl7erg? v. Persons , sui:>ra , the Court concludes that there must be a hearing to determine the date from which the appellants in the proceeding before the respondent, Zoning Board of Appeals , are chargeable with notice of the issuance of the subject building permit. It is noted that any delay much beyond thirty days in proceeding with the appeal Would be unreasonable and render the PAGE 7 - MATT-A-MAR V. GOEHRINGER INDEX NO. 89/11002 appeal to the respondent, Zoning Board of Appeals , untimely. ( Maronev v . Friere , 74 Misc. 2d 339 . ) Notwithstanding the Court' s determination that the decision of the respondent, Zoning Board of Appeals , revoking the subject building permit might be vacated on the ground that the appeal to it was untimely there is another matter worthy of note . Among its arguments the respondent, Zoning Board of Appeals , has cited the case of Parkview Associates v City of New York (70 N.Y . 2d 74 , motion to rear�,-"�'ue denim, 70 N .Y . 2d 995 , cert . denied, U. S. u , 109 S . Ct. 30) . That case, and others , (e . g. , Marcus v. Village o Mamaroneck , 283 N . Y . 325 ; Inn •posted Village of Asharoken v Pitassy, 119 A .D. 2d 404 , . ' oi for I_e-,ctv_r to anneal denied, 69 N.Y. 2d 606; Re.i rrLd-,jL v . Wes, 1.12 A .D. 2d 795 , ,3i3r)eal dismissed , 66 N .Y. 2d 916 ; Cowger v. M:EiI i, sung; Rnse.i ush V. Keller, 247 App. Div. 748 , affirmed on other grounds , 271 N.Y. 282 ; Burdick v. Bryant, 111 Misc . 2d 756) , make clear that where a building permit: is issued under a mistake of fact or in violation of law, expenditures by the person to whom the building permit was issued in reliance on the building permit does not grant to such person irrevocable rights . Thus , in Parkview Associates v City of New York , sui3ra , a builder obtained no vested rights notwithstanding that it had exceeded the nineteen story height limitation for the subject building in reliance upon a building permit . Accordingly, the petitioner, Matt-A-Mar, Inc. , in this case is advised that if the subject building permit has been improperly issued, even if there is a reversal of the determination of the respondent, .Zoning Board of Appeals , on the ground that the appeal to it was untimely, such a reversal does not secure for it vested rights . (See Code of the Town of Southold, section _ 100-281 . ) The question which comes to mind , then, is what is the effect of a determination that the appeal to the Zoning Board of Appeals is barred as untimely if the later revocation of the subject building permit remains a legal possibility. The answer appears to be, simply, that such a determination only bars the respondent, Zoning Board of Appeals , from hearing the appeal of the decision of the Building Inspector, which is the subject of this proceeding, to issue the disputed building permit. The powers of the respondent, Zoning Board. of Appeals, are limited by section 267(2) of the Town Law and section 100-271 of the Code of the Town of Southold . Neither of these provisions establish original jurisdiction in the .respondent, - Zoning Board of Appeals, to consider the propriety of the issuance of a building permit . In order to exercise its appellate jurisdiction in a matter the question must come before the respondent , Zoning Board of Appeals , in a procedurally proper manlier. While appellate jurisdictions has been explicitly granted to the respondent, Zoning Board of Appeal,, "to hear and decide appeals from and review any order, requirement , decision or determination made by the Building Inspector (Code of the Town of Southold, section 100-271(A) ) no PAGE 8 - MATT-A-MAR V. GOEHRINGER INDEX NO. 89/11002 other power has been granted to the respondent, Zoning Board of Appeals , to direct the Building Inspector to act . (wee 2 Anderson, New York Zoning Law and Practice, third edition, section 22 . 42 . ) But, a finding that the appeal currently under review was time-barred may not preclude some future, procedurally proper determination that the building permit was not lawfully issued. Since the question of the propriety of the subject building permit has come before the Court in an Article 78 proceeding seeking review of a determination of the respondent, Zoning Board of Appeals , and since the Court has concluded that there must be a determination as to whether the decision of the respondent, Zoning Board of Appeals , must be vacated because the appeal to the respondent ,- Zoning Board of Appeals , was untimely, the substantive issues raised as to whether the subject building permit was properly issued are not now considered ;since there will be no substantive issues to review if the appeal was untimely, In view of the determination that a hearing is required the separate motion to strike out portions of the return may be academic and a determination of that motion is also held in abeyance. I _ J. S. C. z R ,.{ M t FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President `:'jy; .':;Ftif. TELEPHONE (516)765-1892 JOHN M. BREDEMEYER, III .. JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 July 31, 1989 Mr. Donald Cocks PO Box 1253 Mattituck, N.Y. 11952 Re: Ali Agarabi/Matt A Mar Marina Dear Mr. Cocks: Please be advised that the application of Ali Agarabi for a dock at 265 Westview Drive, Mattituck, was Tabled at our July 27 meeting. Residents of the area have expressed concern about the incidence of boats being moved, on several occasions, from the marina to residential docks. We were also presented with photographs showing this activity. I am sure that you are aware of restrictions preventing the expansion of commercial activity into residential areas. The Trustees would like to be assured that this type of activity will cease before approving any additional docks in this area. Sincerely, �d�u%•� � /2G �� r Frank A. Kujawski, Jr. President Boar of Trustees FAK:j as cc: Trustees Town Board Town Attorney Mr. Mc Ginty Ed Boberg ZBA Planning Board �4 July 5 , 1989 J. Town of ,Southold L Village Trustees Souhold, New York 11971 Attn: Frank Kujawski Dear. Mr. Kujawski: Please find enclosed some revised copies of section and property maps showing the 6 ' x 20 ' floating dock heading in new direction, now lengthwise from east to west. Could you please include this in your next meeting for consideration this months , as my contrator, North Fork Construciton is presently in the area and could commence work if approval is rendered. If the trustees need any additional information, please call me . Thanking you in advance , Donald P . Cocks , Agent for Ali Agarabi P. O. Box 1235 Mattituck, New York 11952 Iti ® p July 5 , 1989 y Donald P . Cocks P. O . Box 1235 Mattituck, New York 11952 '' i s' Department of the Army TGNVi New York District Corp of Engineers 26 Federal Plaza New York, New York 10278 RE Application #88-1599-L2 Agarabi, Ali Agent Don Cocks Dear Mr. Infurna: Please find revised prints (2) showing a change in the direction of the floating dock. Now the 6 !W x 201L float (length wise) is going east to west in Mattituck Creek (AKA Long' Creek) . This adjustment in the direction of the dock is made as per the Town of Southold Trustees request . Very truly yours , Donald P. Cocks PROPOSED CATWALK, RAMP AND FLOAT LOCATED IN MAT TITUCK CREEK M4m'"=^'UCK, TOWN OF SOUT20LD SUFFOLK COUNTY N. Y. NOTES : DATUM = MLW . AGENT DONALD COCKS FOR OWNER A. AGARA3I 365 WLSTVTEW DRIVE PURPOSE-?RIVATE USE BY OWNER CATWALK 6o_' FEET LONG o 4 FEET WIDE RAMP ' FEET LONG (EINGED) % 4 ET FED W7DE FLOAT 20 FEET LONG Y 6 FEET WIDE -.Do= Rvj GasrrwesL21 F1LG.1�c+ CeEE� MAm_ ��.TIT IICK CREEK WIDTH 200FEET REvIsF-0 lo/Z,+/aa 2 "v R�vsrD '1 f 5/8�t •_ ��� • O • c. s -.APPROX`10'� nP ,.r 3=c t " . -16n �a rr 7Yt4rS1 inpC r� Y L4 RiiMP 4 T X 40 '�— 1 BLOAT o ' s 20 i. , 1 ►, �I i � MLwo' 10 0 to PROPOSED CA'_'WA .1, RAMP AND FLOAT LOCATED EN MATT_TUCZ CEEEE MATT-:TUCK, 'TOWN OF SOUTHOLD SUFFOLE COUNTS N . I. NOTES : DATUM = MTW AGENT DONALD COr,ZS FOR OWNER A . AGARA35_ 365 WLSTV=EW DR-VE ?URP0SE-?R-7VATE USE 3P OWNER rr ^ CiAT'.vA.,u L'�0,' :,ON- 0 FEET--- IY-DE RAM? io FEET LONG (H-NGED_) Y w FEET w_DL FLOAT 20 FEE T LONG s o F-T W=DE -DoK ro Rvj GAsr Twev nmm:m A "TC —DmH r�...m CeEE� ' t�j` Mom_ -__UCE CDLEEK Wes.; - 20e_ EL_ C� •1• 7Y16r}1 Y}`17?Q C '' I � U 1 M— •�� iJ 1 ���—�.,'r � '�II'r,�\C Ij;'tNW=� iL0A O 2C ' JO D CO z C.:) 1 • SQL= /N . S=� � �,C:..:...... ... :i f FRANK A. KUJAWSKI TR. President t:,;�`.T y. TELEPHONE ALBERT J. KRUPSKI JR. Vice-President (516)765-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Mr. John Holzapfel, Chairman May 22• ,1989 Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is application No. 5-12-89-139-10-25 .for a Wetland Permit submitted by Ali Agarabi. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, ._a Frank A. aws Ku ' ' 7 ki, Jr. C > President / Board of Town Trustees FAK:jas cc: Bldg. Dep't. _r -` �/ 74 r� ���Tl J� TELEPHONE BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road i; MAY 19 P.O. Box 728 Libi t! Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. APPL 1 CAT I ON NO.9-/,7' /39-/0-�25� DATE OF APPL I CAT I ON 14.4;7 Co-7 35 0 ---- ---- I DENT I TY OF APPL I CANT AL-1- ALA.iqaL------- PHONE NO ADDRESS OF APPL I CANT_5Q( _peS2SP4I_ AVE S�� CUFF _—J�I�Z�—_—_—__--_ TAX MAP NO. SECTION 139 13LOCK 10 LOT, 2.5 AGENT _CMV0Mr -E)ONALi7_ COCKS _--------��($-9 L B9_PHONE- NO. _PERMIT REQUESTED TO_�NSTI II__�EtJ CATWALK R rn An1D Docle, — ~-------►-- ------- ----------- - -----------------------------------—-- - - -------------------- - LOCATION OF PROPERTY FOR WHICH PERMIT WANTE _ 3605' HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION _3oCD PRosPE� �l�c . SEri Cw FF. L.'T. Q.Y. I I S-7 1 --------------- CREEK, BAY OR HARBOR FRONTING PROPERTY MAi rl'rU_QK GRt✓'E►C _-A ! �G 1 -L�n(�y-C(�EE� SIZE OF PROPOSED WORK CONST1RUCr1oN_OF_C4'rWALy LENGTH- WIDTH L 1t4NT6--j_ HEIGHT ABOVE HIGH WATER_jZ L caaTwa��_ RAMP _ 3=y_' AaouC P16R WA1152 -- _ DEPTH BELOW LOW WATER YARDS TO BE EXCAVATED O YARDS TO BE FILLED O WIDTH OF CANAL—CREEK OR BAY FRONTING PROPERTY J2o� I DEPTH AT LOW. T I DE_—_ !A_f (COI kn W W'ERG ��•� IISILL ( ]I AVERAGE RISE 1N TIDE y' DISTANCE TO THE NEAREST CHANNEL Ode FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA O FT. 15 THIS FOR PRIVATE OR BUSINESS USE? PRlvaft5 �Ecrlatlp.�s(�� AREA ZONING MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED Q INTENDED USE OF PROPERTY-_1?4- 'r!p�S�L -- ------------- DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCY_']�- P220.�2fY_—��� obi�jNAL _41�lf � CATwA�K 214mP �1n�D Oocic TF}p,T- cv6a — No PE2rMirsFy_ELz__.rssuCp DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK 1S COMPLETED INCLUDE AN ADDITIONAL SURVEY OF HE PROJECT SITE IF NECESSARY -rPE_ CoNST90GrlQ('A OF_A _CAIWALL' Si ReT I>,SG S�cn ores _oF_f'2oPEl2T'f - So�T�I i2�!----- vC�-�pv_TH_Tow�}2ix ���__30' _ �-t•EIJ_�__�Z�w�P_ AP.P1�� 20' _��_A F�F�ri�S�,—'�2c�_�'x- ao������- BY 2 PI L6 - IUo rn O Sru213AuCC OF G(ZASS WRITTEN CONSE OF HE OWNE OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. _ !_ ----- ----—----------------------------- --- --------------Y�� --------- -------------------*------------------------ ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? ts0 a 1-5-16.4(2187)—Text 12 1� PROJECT I.D.NUMBER 617.21 SEQFi Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Crwgt,k AmP ocK 3. PROJECT LOCATION: MunicipalityJlu Vdfi uCY 'ouog OG p,di4m_n County Sut=Go �ov�T 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 375 W65Tvl EW TJRI�E 5. IS PROPOSED ACTION: 2 New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: �(�IC Co�srf2�c1'io►� oG CATwALx p0E12 61dzr1sSCS (App2ox I' — Ll') To A R(AmP 7. AMOUNT OF LAND AFFECTED: i Initially acres Ultimately acres 8. WrrII,LLL, PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? V�Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? OResidential ❑!ndustrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: VESIoErvrta� o� j�30.errt Slur✓ of G2�'cK Gor irrvrno�ecArvi_ mlae.In1A OQ gpul'f-f St DE 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yes ❑No If yes,list agency(s)and permitlapprovals L0CP;L PEeMlr F90M -rA6 Ssojr t+a.D -rrzusfE�S � POS51 e)L.6 PigeKA)rs. Fp-Om OG-G ofND gkmY CD�P _ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ElYes [.No If yes,list agency name and permit/approval C12161-JOLLY PRoP�2T'{ 010 4Gt ,)C A rrI_oaflrJc, )ock. - FILES STIL-L ,/ISI(3Lt &JT" KO PE2r-If WAS IroufJD - 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: —:)0K3('4L'D�^ Date: 8 I s v Signature: �d � If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 - - T J ry` 1 .Fxrii 0-J STATE OF NEW YORK' DEPARTMENT OF STATE ALBANY. N.Y. 1 223 1-000 1 GAIL S.SHAFFER SECRETARY OF STATE May 2, 1989 Mr. Donald Cocks P.O. Box 1235 Mattituck, NY 11952 Re: F-88-637 U.S. Army Corps of Engineers/New York District - Permi.t Application- #88-1599-L2 Ali Agarabi Dear Mr, Cocks: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State' s approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification. This concurrence- is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. Sincerely, George R. Stafford Director Division of Coastal Resources & Waterfront Revitalization GRS,ak cc: COE/NY District - Michael Infurna Mohabir Persaud Southold Town Board of Appeals v5 MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS, GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. R. JAMES DINIZIOZIO, ACTION OF THE BOARD OF APPEALS IN JR. Appl. No. 3829: Matter of the Application of BROWERS WOODS ASSOCIATION, INC. and BARBARA REITER for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 017508Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine-II (M-II) . {Previous Zoning District: B-Light Business} , Application was filed citing the prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122 and Article XXVII for the same or similar provisions for this M-II Zone District. Location of Property: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 3, Lot 1. At a Meeting of the Zoning Board of Appeals held on April 27, 1989, the following action was taken: WHEREAS, a public hearing was held on March 9, 1989 in the Matter of Application No. 3829; WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS,. the hearing was officially extended until April 16, 1989, to allow written submissions and certified maps to be submitted for the record as requested by the Board of Appeals; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present and previous zoning classifications, and the surrounding areas; and ' Southold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR Decision, Continued: ) WHEREAS, the Board made the following Findings of Fact: APPLICANTS AS AGGRIEVED PARTIES 1. One of the first issues at hand is whether or not the applicant, BROWERS WOODS ASSOCIATION, is an "aggrieved party" in this application as of its substitution March 3, 1989. It is the position of this Board that the applicants satisfy the criteria for standing based upon the size of the Membership in the Association as owners and residents of real property in the immediate vicinity of the subject premises, majority 75% vote of its members to join in this application, proof of incorporation, etc. In considering the criteria set down by the Court of Appeals in the Matter of Douglaston Civic Association, Inc. v. Galvin, 36 N.Y. 2d 1, the Browers Woods Association is, in the Board's opinion, a bona fide representative of those members as' residents and property owners being affected by the construction of the subject building (see affidavits and supporting documents in the record) . 2. It is also through individual knowledge by Board Members that the property owners in the Browers Woods Association, and that. Mr. Fred Renganesci and Mrs. Barbara Reiter were and still are property owners, all within the immediate vicinity and thereby affected by the subject building. REQUESTS UNDER Z.B.A. APPLICATION 3 . By application made under File No. 3829, the following requests are under consideration: (a) Reversal of determination of Building Inspector to grant Building Permit No. 017508Z for the reason that the subject building is subject- to approval by the Planning Board under the zoning code regulations; (b) Reversal of determination of Building Inspector to, - grant Building Permit No. 017508Z for the reason that the subject building does not conform to the .height requirements of the zoning code; (c) Reversal of determination of Building Inspector to grant Building Permit No. 017508Z for the reason that the building permit application should have been denied on the basis Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR Decision, Continued: ) that the proposed structure is within 75 feet of the bulkheaded wetland area. GENERAL HISTORY PRIOR TO 1977 4. From prior to April 23, 1957 and up until the late 19601s, the subject premises was located in the "A" Residential- Agricultural Zoning District and was used as a restaurant with residential/cottage use, without marina or boat-storage use. 5. A change of zone application was filed and later granted- on on June 11, 1965 by the Southold Town Board for a change in zone from "A" to "B-2." Under Article IVB, Section 440(1) , marinas for the docking, mooring and accommodation of non-commercial boats were a listed permitted (principal) use. No provision was made for upland storage of boats or boat servicing in this B-2 Zone District. 6. On August 13, 1965, Matt-A-Mar, Inc. acquired title to the subject premises. 7. The principal use as a marina was established some time afer August 13, 1965, subsequent to the bulkhead construction along the waterfront areas. No upland storage or boat servicing existed. 8. On November 23, 19.71,, the zoning designations for this property was changed from 11B-2" to "B-Light Business." The zoning regulations in effect at this time also required Site-Plan Approval and Special Exception approval under Article VI, Section 600B(1) , and Section 500B(2) , worded as follows: . . .B. Uses Permitted by Special Exception by the Board of Appeals as hereinafterprovided. . .2. Marinas for the docking, mooring or accommodation of non-commercial boats. . . ." 9. No record of a site-plan application or special exception approval concerning an expansion of the marina or construction of a new building for marina use or otherwise has been found of - record prior to 1986. PRIOR ZONING APPEALS RECORD 10. On January 11, 1977, the Town Building Department disapproved an application to store boats for this property under Article VI, Section 100-60A (Permitted Principal Uses) on the following grounds: . . .Present zoning does not permit storage and repair of boats. . . . Southold Town Board of Appeals -4- April 27, 1y89 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR Decision, Continued: ) 11. On January 27, 1977, Use Variance No. 2242, granted under the provisions of Article VI, Section 100-60A as to a Permitted Principal Use, was conditioned and limited by the Board of Appeals for outside storage of .boats (which use was added as a .use in addition to the marina use of the boats moored and docked at the marina) . 12. On April 28, 1978, the Board of Appeals received a letter from the attorney representing Matt-A-Mar Marina, requesting clarification as to whether it is necessary to obtain a further variance. 13. On May 5, 1978, the Board of Appeals confirmed that a variance is required because the use of the premises for retail sales of boats is a permitted use in the C-Light Zone District, not in the B-Light Business Zone District. 14. On May 8, 1978, an application was made to the Southold Town Building Department for retail sales of boats; and on May 12, 1978, the Building Inspector disapproved the application on the following grounds: " . . . .Retail Sales of Boats are a non-permitted use in this zone. . . ." 15. Also, on May 8, 1978, an application for a use variance under Article VII, Section 100-70 of the Code was applied for concerning the proposed retail sale of boats in conjunction with the applicant's present marina business. 16. On June 1, 1978: (a) Use Variance No. 2419 was granted with limitations for the retail sale of not more- than 15 new boats under Art. VII, Section 100-71" ; (The sale of used boats or other watercraft or marine items was not specifically authorized in the Board's decision) ; (b) A request was filed under Appeal No. 2420 for the construction of a substantial boat-storage building in the front -yard area, and a public hearing was held by the Board of Appeals on June 1, 1978. The record at that time was clear that such use was permitted in the " . . .C-Light Industrial, Item. 16 (Art. VIII, Sect. 100-80) for boat buildings, boat servicing, boat storage facilities. . . . " (See Pages 28 and 29, Transcript of Hearing of June 1, 1978 under Appl. No. 2420) . The application appeared to have been filed with the impression that such use was allowed in this zone by Board of Appeals action and the application was then withdrawn when this issue was clarified at the hearing. 17. The primary use was as a marina which was not upland and did not necessitate occupancy for this use upland (as are usually common with many other types of uses) or within an ' Southold Town Board of Appeals -5- April 27, 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR Decision, Continued: ) enclosed building since the boats were docked in the water. CHANGE OF OWNERSHIP 18. On June 1, 1979 the subject premises was conveyed to -F. Nowak; and on June 2, 1979, conveyed to Mr. Agarabi. RECENT SITE-PLAN APPLICATION 19. On December 11, 1986, Site Plan Maps were filed by representative(s) of Matt-A-Mar, and it is known that on several occasions, the Manager of Matt-A-Mar met with Planning Board Office personnel concerning a proposed boat-storage building concerning the general site-plan elements. On January 13 , 1987 , site-plan maps were referred by the Southold Town Planning Board to the Building Department for certification (see Planning Board resolution adopted January 12, 1987) . 20. On October 13, 1987, alternative maps with different building locations were furnished to the Planning Board. 21. On October 15, 1987, a letter was sent from the Building Department to the Planning Board Office indicating that the "proposed building would indicate a change of use from (B) Light Business to a commercial use, depending on building use. During 1987, the provisions of the "B-Light Business" Zone District for this property did not-Anclude boat storage as a permitted use, and.boat storage was a used permitted in the "C-Light Industrial" Zone District. 22. Several appropriate steps were taken concerning site-plan jurisdiction, including presubmission conference(s) , and referral to the Building Inspector for certification in accordance with Article XIII, Section 10.0-133, Lubsection B of the Zoning Code concerning the "Site Plan Procedures. In reviewing the record, no record of certification was found. However, on October 15, 1987, a letter was sent by the Building Inspector to the Planner in the Planning Board Office indicating the "commercial" nature of the use of the property and. the type - or nature of boats to b� stored. 23 . No other action was taken at a meeting of the Planning Board which might have authorized changes, a withdrawal, a waiver, or any other modification to the site-plan record. '-Southold Town Board of Appeals -6- April 27 , 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR Decision, Continued: ) 24. At the time of the issuance of the subject Building Permit on October 6, 1988, an application for Site Plan approval was officially on file and pending with the Southold Town Planning Board for a (boat) storage building of a similar nature and size. The applicant did file a letter received by the Office of the Planning Board on July 6, 1988 indicating his request to withdraw the application since they were studying other options. Upon information and belief, this request was. never presented to the Planning Board for a formal vote to accept .and or to declare the application withdrawn, with or without prejudice. It is apparent that the proper jurisdiction for a withdrawal, waiver, or other action under the site-plan process, and general regulations for the site-plan elements under Article XIII of the Zoning Code, has been and is the Members of the Town Planning Board (rather than the Building Department) . It is the determination of this Board that the building-permit was not properly issued, and accordingly action is required by the Southold Town Planning Board under its site-plan regulations. 25. On February 17, 1989, written confirmation was sent to the Board of Appeals received from the Southold Town Planning Board confirming that a determination is required by the Planning Board concerning the proposed new building. ERRONEOUS INFORMATION ON PERMIT APPLICATION 26. The ( 1988) application for the building permit was erroneous with regard to the Zone District. B-1 was stated instead of B-Light Business. The maximum height requirement for a principal building in a B-1 Zone was 35 feet. The maximum height requirement for a principal building in the B-Light Zone was 30 feet. Boat storage was a use permitted in the C-Light Industrial Zone District and was not provided for in the B-Light Zone District. The height limitation for accessory buildings occupied by an accessory use is 18 feet. BUILDING PERMIT/INSPECTIONS 27. On July 21, 1988, 'an application was filed with the Building Department for a new "steel storage building for indoor storage of boats. . .at the southwest section of 9-acre parcel. " 28. On October 6, 1988, Building Permit No. 17508Z was issued for the construction of " . . .accessory storage structure and 8' stockade fencing as applied for. . . Fee $3675.00 . . . ." A foundation plan was submitted 12/88 prepared by Thomas D. Reilly, P.E. First and Second Foundation Inspections were done on January 12, 1989 and February 2, 1989, respectively, and an updated "as-built" foundation survey prior to these inspections was not a part of the building-permit file as required by Section 100-141(I) of the Zoning Code " . . .signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the ' Southold Town Boarc. -uf Appeals -7- April 27 , L989 Special Meeting (Appl . No . 3829 - BROWERS WOODS/MATT-A-MAR decision , Continued: ) lot," and which continues to provide that " . . .no further construction shall be performed until such survey is approved by the Building Inspector. . . .." 29. The sketched plan submitted under the building permit application depicted a proposed storage building 36' from ground to peak, 100 feet from the west side of sidewalk area along Wickham Avenue, 75 feet from mean high water mark. The existing bulkhead was shown, but a setback distance .to the same was not depicted. BULKHEAD SETBACK/SECTION 100-119.2B 30. At the time of issuance of this building permit, . Article -. XI, Section 100-119.2 (renumbered by Local Law #3-1989 to Article XXIII, Section 100-239d) of the Zoning Code was in full force and effect and reads as follows: . .B. All buildings located on lots upon which a 11bulkhead, concrete wall, riprap or similar structure exists and which is adjacent to tidal water bodies other than sounds . shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: 1. Buildings which are proposed landward of existing buildings. 2. Lands ,which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. 3 . Docks, wharves, pilings, boardwalks, stairs _ promenades, walkways, piers, which are accessory and separate from existing buildings or accessory structures. . . . " It is noted that the property is bulkheaded, the proposed _building is not landward of existing buildings from the subject bulkhead (to the south) and is not a structure listed in Item #3 (such as a dock, wharf, piling, boardwalk, stairs, promenade, etc. ) . This Board is familiar with the intent of this Section B since this Department drafted the proposed Local Law at the time of enactment for legislative consideration. 31. Evidence by way of a certified survey prepared by a licensed surveyor has been submitted for the appeal record confirming that the building is set back 65 feet from the existing bulkhead (rather than the required 75 feet) . Precedents concerning permit applications in the Building Department and zoning variances before the Board of Appeals show that the minimum setback under the ruling has always been 75 feet from the bulkhead, regardless of the distance..rto the Southold Town Boara of Appeals-8..- April 27, 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR Decision, Continued: ) highwater mark below the bulkhead. To date, there has been no change in this interpretation or change in the wording of the law. WETLANDS CODE CH. 97 32. This Board does not believe that it has proper jurisdiction under Chapter 97 of the Wetlands Ordinance. It is not unusual, however, for the Town Trustees to either require a wetland permit or to waive their jurisdiction under the Wetlands. Ordinance (Ch. 97) based on the location of the highwater or wetland areas and the condition of the bulkhead or similar barriers, even when jurisdiction is appropriate with the Board of Appeals. The Trustees jurisdiction or possible waiver of jurisdiction is not a matter properly to be determined by this Board under the Zoning Code; however, it is urged that the practice of requiring applications to the Trustees for their appropriate action under the Wetlands Code (Ch. 97) should be continued prior to the issuance of Building Permits. VALIDITY OF BUILDING PERMIT 33 . Article XIV, Section 100-141, now renumbered Article XXVIII, Section 100-281, provides that no building permit shall be issued unless the proposed construction is in full conformity with all the provisions of the zoning codes and all other applicable laws, ordinances and regulations; and that any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullifications thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of the zoning code shall be invalid (emphasis added) . DETERMINATION 34. It is the position of this Board that the building permit is hereby determined to be an invalid permit since the permit was not issued in conformity with certain provisions of the Zoning Code, including but not limited to the following areas (as more particularly described in the above findings) : A. Nonconformance concerning the minimum required setback of buildings at not less than 75 feet from the bulkhead. B. Nonconformance as final action under Site-Plan review regulations, parking regulations, and/or other action by the Southold Town Planning Board. 35. By this-,determination, the effect of the subject building permit is null and void, without the necessity for any proceedings, revocations or nullification thereof {Section 100-281 (100-141) ) . .- Southold Town Board of Appeals-'9 - April 27, 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR. Decision, Continued: ) OTHER CONSIDERATIONS 36. Prior to re-issuance or reinstatement of any Building ^ Permit for this building, further interpretations must be formally requested and considered by this Board, for further clarification as to whether all of the activities in this proposed building is a permitted principal use or a permitted accessory use in this zoning district, including but not limited to the applicable requirements in determining height limitations and yard locations under the Zoning Code, and shall BE REMANDED FOR FURTHER HEARING(S) on the above-noted elements, if necessary, for the following reasons. : (a) It is the opinion of the attorney representing the property owner, Wickham Road Marina, Inc. , and/or Matt-A-Mar Marina, Inc. , that the subject building is an "accessory building with an accessory use." Past zoning actions have . provided that an accessory use or accessory building is permitted only in the required rear yard and at a height not to exceed 18 feet, except when the criteria for an area variance is appropriately issued by the Board of Appeals. The subject building is located in the front yard and is understood to be at a height greatly in excess of 18 feet. The definition of height under Section 100-13 is as follows: " . . .The vertical distance measured from the average elevation of the finished grade of the land immediately adjacent to the building to the highest point of the roof for flat and mansard roofs and to the mean height between eave and ridge for other types of roofs. . . ." The height distance provided during the hearing is the footage "from the floor of the building to the top, or to the ridge line. to get 35 feet. . . .", (Reference: Page 20 of 3/9/89 Z.B.A. verbatim hearing transcript) . Sufficient evidence has not been submitted in the record as to the finished grade elevations _ existing before the start of construction and the proposed final grade. Without a clear understanding and sufficient information as to the intended use of the proposed building, either under the definition of a "principal use" or an "accessory use, a determination as to the permitted height is premature. Prior to the enactment of the zoning code amendments on January 10, 1989, the maximum height requirement for a principal or primary building was 30 feet. The new zoning code permits a maximum height at 35 feet for a principal or primary building, and a maximum height at 18 feet for an accessory building, using the same height definition. (b) Additional evidence concerning the activities within the subject building to be used for boat storage is imperative, particularlyr:with regard to the basis of the property owner' s position that- the building is an accessory building. One of the ` Southold Town Board of Appeals- 10- April 27 , 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR. Decision, Continued: ) two primary uses of the land included limited outside boat storage. This Board believes and the record confirms that certain repairs and maintenance services on the boats will be undertaken within the building. Activities of this nature do not fall under the definition of an accessory use. An accessory use is " . . .a use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. The storage of boats in the . proposed building is: (a) income-producing; (b) not incidental and is not necessary or dependent upon the existing established uses, either as a marina or outside boat storage use, and therefore is not ancillary, subordinate or an accessory use as interpreted under the past or present zoning codes. (c) Additional information concerning the manner of storage (such as elevated storage racks) and the number of boats to be stored within the building have not been made a part of the record. The number of boats to be stored will be necessary to determine not only the parking. requirements but also whether the same .is an expansion of the existing outside boat storage use or whether the same is a reduction of the existing outside boat storage use. . Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, that the Building Permit in question referred to as No. 017508Z is HEREBY DETERMINED TO BE AN INVALID PERMIT as described in paragraph #34, supra, thereby nullifying and voiding the effects of said permit; and BE IT FURTHER RESOLVED, to GRANT the request under Appl.-- No. 3829 for the - REVERSAL OF DETERMINATION by the Building Inspector to grant BUILDING PERMIT NO. 017508Z; and BE IT FURTHER , RESOLVED, that prior to issuance or reissuance of a Building Permit for this building, further interpretations be formally requested of this Board, for clarification as to whether all of the activities in this proposed building is a permitted principal use or a permitted accessory use in this 1 ' 1' Southold Town Board of Appeals-ll- April 27, 1989 Special Meeting (Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR. Decision, Continued: ) . zoning district, including but not limited to the applicable requirements in determining height limitations and yard locations under the Zoning Code; and be REMANDED FOR FURTHER HEARINGS) on the above-noted elements, if necessary. Vote of the Board: . Ayes: Messrs. Goehringer, Dinizio and Sawicki. (Absent were: Member Grigonis and Member Doyen. ) This resolution was duly adopted. lk �� ..rises' �'•:� �,,� GERARD P. GOEHRINGER, QRAIRMAN SOUTHOLD TOWN BOARD OF APPEALS RECEIVED NDANDivD F I.E/ •:-.ID� BY THE SO I LD TO i 1 li 4 d ll) - DATE 17CUR l 1.SS,4,M Town Clerk, Town of Southold • t eoUND•N♦ LINE ArMOXIw•Tt ONLY. c \ 1 w000to� `+ N/O/ F —_ r — I / 1 ///I•r(/_/� `\\:A LAND OF B AKER 20 4° /' � /� ° ' ice/i/// �� ., ..0 •:�` n,.rr _ _,s a r Isle n�=Q` - _; LLJ OODED w I )c LLJ 00 t / - /•i:1;Ar : - •• 'ti__ %n - - /- n _ AB Gy© o.n.... ..... ®® 11 / �•' I I fe-w' m� -\," `.•i.'m -•' oN•viC^ NOD _ _ _ 'I — ;Bta �J / 1 1/ � � ^�`•a:`Vpr.0 .`t`.' - .:�,. mO�O':.. �..Orrr.. n 'mo.,' \ � �• e / Is �\�'•` ��, BOAT -u STORAGE BUILDING -13 .I:' ■ . iQ'o• , � 1 I I rl r 1 _ ��i- r,.ru.n.u.• r � `unn...n...,r.................n.J Qwa- 1 .i - -y' ` -••, t:_: II .': I; f - TYPICAL LEACHING POOL .r >. --c__� \"[xieriNa / e� P FOR — }_� _�_a o aD -000�oo�n��; .. �_• ------ gym-:' Q RGDs AREA 2DD•x 125., 27 5 f- MATT - A - MAR MARINA \'1 •' `�^ r`•- -o w....• .r.,... .... 7 O:. __ `\/' r= STORAGE REQUIRED . 000 ,.FI. 23000 ■ GIST •1 4175 GI V.F AT MA TTI TUCK U PROVIDE TOWN OF SOUTHr" 1 , .✓' 11� •rr.on.•rt fNON[uN 0 8 L P, 10 Diu B n l.r [ r0°N w•*[,„•ex ,\ DAP SUFFOL K COUNTY, -s ■ f ZONE BUILDING n[-z o0o n. Os [' y ?� aZ.ME,-j 9L '\° %:, '' MA TTI r U C K 1 SCALE 1 sD• j_i °c,, CREE K I FEB 22, 1989 9l HO'496\9 yOQ F N1 N-Y. S. LIC. NO. 49616 ECONIC SURVEYORS [ P. C. sls) 765 - sozo P.O. BOX 9 MAIN ROAD SOUTHOLD N.Y. 11971 " 1 �" 0. K. ... �/ ^ LV�..Y J •/♦• . `1-1 ^� ��7///)L�• �. TO: Frank Kujawski, Jr., Pres. Town Trustees FROM: James A. Schondebare, Town Attorney DATE: February 28, 1989 RE: Building Department Requirements Please be advised, in response to your memo of 2-23-89, 1 would advise, the Trustees need not inspect properties that_have an existing bulkhead and the proposed project is to take place landward of the bulkhead. h Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI February 27, 1989 JAMES DINIZIO, JR. Matt-A-Mar Marina P.O. Box 1235 Wickham Avenue Mattituck, NY 11952 Re: Application for Reversal of Building Permit .Applicants: Fred Renganesci and Barbara Reiter Subject Property: Matt-A-Mar 1000-114-1.3-1 Dear Sirs: . Transmitted recently to you for your update and information was a copy of the February 17, 1989 letter from the Planning F Office as to its position under the site-plan regulations, together with copies of the application and related correspondence concerning your premises at Wickham Avenue, Mattituck. s i, As confirmed recently, the question as to the requirement for site-plan review and approval is one of the issues to be considered at the public hearing on Thursday, March 9, 1989. It is our understanding that at the time of receiving the Building Permit, no site-plan approval was applied for or obtained from the Planning Board. In the event you decide to start the site-plan review process with the Planning Board, please let us know. Yours very �u�, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Town Attorney' s Office Southold Town Planning Board Mr. Victor Lessard, Principal Building Inspector Daniel C. Ross, Esq. AV % —FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President "' - TELEPHONE _JOHN M. BREDEMEYER, III Qom'? 4��') .' (516)765-1892 JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TO: James Schondebare, Town Attorney FROM: Frank Kujawski, Jr. , Pres. DATE: February 23, 1989 �J RE: Building Department requirements Would you please clarifythe issue of necessary approvals by the Trustees and/or The Zoning Board in obtaining Building Department Permits. Specifically, we would like to know in which cases it may fte-1-t- be necessary for the Trustees to inspect properties for determination of wetlands. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD - MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. February 17, 1989 To: Wickham Road Marina Inc. c/o Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY 11952 Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY '11952 Re: Application By Fred Renganesci and Barbara Reiter Relief Requested: Reversal of Building Permit #17508Z Location of Property: West Side of Wickham Road, Matt. Property ID: 1000-114-3-1 Gentlemen: Attached please find a copy of the Legal Notice of Hearing which is expected to be published next week in the local newspapers concerning the above application. We will be holding a public hearing on Thursday, March 9 , 1989 to consider whether or not the Building Permit issued under No. 17508Z is valid concerning your premises and newly proposed building. You should feel free to contact our office if you wish to -review your file. We are enclosing copies of recent i communications concerning the filing of this application for Your information and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Town Attorney'.s Office Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 M TELEPHONE 4,)• tc) ..�H' ✓�, (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Southold Town Planning Board i011 DATE: February 17, 1989 RE: Matt-A-Mar Marina It is the Planning Board' s determination that ,a site plan is needed for the 200 by 125 foot structure at Matt-A-Mar Marina. The site plan on File does not show this proposed structure. _ S i c JAMES A.SCHONDEBARE h. ` " Town Hall 53095 Main Road TOWN ATTORNEY W '<< 4 P.O. Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON `= TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY n XC l �/ q TOWN OF SOUTHOLD W. f,o '' v Opsi i;Ci:ai ;,'1u To: All Departments From: James A. Schondebare, Town Attorney Date: February 2, 1989 Re: Pending Applications vis-a-vie updated Zoning Code As you are aware, all departments are operating under the updated zoning code. The question has risen concerning pending applications and processing of some under the new code. It would be the recommendation of this office that where the applicant meets the requirements of the new code but the relief request refers to the old code section then, and in that case, the application should continue to be processed by the department with an amendment to reflect the correct section under the new code. It would not be necessary to return any such application. Where however, the application while meeting the requirement of the old code does not now meet the requirement of the new code then, 'such applications should be returned. Each application should be viewed on its own merits, and common sense should apply. If a single adjustment or change to the application can be made in order to have it comply with the new code, then it would not be necessary, and only fair, to make the change rather than force the applicant to begin anew. No change or amendment to any application should be made without first obtaining the consent of the applicant. JAS:kjp OWN O 7 F SOUTH OLD, NEW YORK r APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 0�� DATE ..1/30/89 .................. TO THE QN G BOARD OF APPEALS, TOWN OF SAO��r1 s?fiiewYDrr 1, (We) Bdrbard Reiter .of Ults: yjew.Dr. , P.O. Box 1154 Name of Appellant Street and Number ..Mattit�ck........................ ............... .....Ul Y..................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON BUILDING ?4) 0MX DATED: 10/6/88 FOR: BUILDING PERMIT NO, 017508 Z WHEREBY THE BUILDING INSPECTOR DENIED TO MATT.-A-MAR..I N C_................................................... of Name of Applicant for permit P 122.52................. ............ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD Re: Building Permit 1. LOCATION OF THE PROPERTY tuck tuck Street and Hamlet Zone Dis: 1000,Sec. 114, B1 .3 Lot 1 OWNER Wickham. Road Marina, Inc. . .............................................................................. . . . . . Map No. Lot No. DATE PURCHASED: 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VI , Section 100-60 100-61 XIII 100-141 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) Reversal of determination to rant Building Permit No. 017508Z 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( X)(See Schedule A) is requested for the reason that we would like to Form ZB1 (Continue on other side) REASON FOR APPEAL 'Continued T 1. .STRICT APPLICATION OF. THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because N/A 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because N/A 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because N/A STATE OF NEW YORK ) COUNTY OFF' '-K ignature Sworn hi ................... 1...................... day of.......:J Q ..:..r 19 %C WRrNCi.C.. t r Publi BARBARA REITER y er attorneys 1rSltatadH@rYork WICKHAM, WICKHAM & BRESSLER, P.C. ft4907173 as Barbara Reiter 'i s not in �INMd Suffolk at the time this application ��ros'4ua•31, was executed. 0 Schedule A REASON FOR APPEAL 1. Reversal of determination of Building Inspector to grant Building Permit No. 017508Z is requested for the reason that Section 100-60 provides that no building on premises shall be 'used or part of a building erected except for permitted uses, subject to site plan approval by the Planning Board. Section 100-141 (c) provides no building permit shall be issued for any building where site .plan of such building is subject to approval by Planning Board except in conformity with the plans approved by said Board. Upon information and belief no site plan was applied for or obtained prior to granting Building Permit No. 017508Z. The Board is respectfully referred to: (1) Memorandum by James A. Schondebare, Town Attorney, to Board of Appeals dated 7/15/88 regarding Zoning Code and Accessory Buildings; (2) Southold Town Board of Appeals, August 18, 1988, Interpretation Request; (3) Correspondence of Building Inspector Edward Hinderman to Matt-A-Mar Marina dated August 25, 1980. Copies of the above referenced documents are annexed hereto. It is not the applicants' position that the proposed use of the subject building is an accessory use, but even if it is considered an accessory use, site plan approval should have been obtained based on the above cited sections and determinations. 2. Section, 100-61 provides no building shall be used or erected unless same conforms with the Bulk and Parking Schedule which provides that building height in a B Light District is 30 feet. The application sworn to July 20, 1988 which resulted in Permit No.017508Z states the height of the proposed building as 36 feet and the zone or use district as B1. Upon information and belief the subject premises are in a B Light District. 3 . Request is made for the Board to determine whether the application for building permit should have been denied and Building Permit No. 0175082 on the basis that the proposed structure is to be within 75 feet of wetlands and therefor requires approval from the Southold Town Trustees. reng-rei-77 . Ay�rnc� JAMES A.SCHONDEBARE Lin Town Hall, 53095 lain Road TOWN ATTORNEY :.,X•:.�,, q� P.O. Box 1 179 Southold, New York 11971 ROBERT H. BERNTSSON TELEPHONE ASSISTANT TOWN ATTORNEY (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD �C li?l� � TO: Board of Appeals e FROM: James A. Schondebare, Town Attorney `(z17— DATE: July 15, 1988 REF: Zoning Code and Accessory Buildings Pursuant to Article XII, 5100-121.D( 1) , an interpretation is requested on the need for site plan approval for accessory buildings in all zoning districts except A, Residential or Agricultural Districts. It is the position of this office that any building to be constructed, in all districts except A-R, require site plan approval regardless if the proposed building is called principal or accessory and regardless of the use for the proposed building . The Building Department has taken the position, I believe, that an accessory building needs site plan approval if the use of the proposed building is the same as contained in the principal building; however, if the use of the proposed building is to be accessory to primary use, then a site plan is not required. A copy of this memo is being provided to the Building Department in the event that I may have misstated their position. May we please have a final determination of this issue. �3outhold Town Board of Appeals -23- August 18, 1988 Regular Meeting INTERPRETATION REQUEST: The Board reviewed and discussed the recent request of Town Attorney James A. Schondebare concerning the need for site plan approval for accessory buildingsin zoning districts except A. It is the position of the Town Attorney' s Office that any building to be constructed, in all districts except A-R require site plan approval regardless if the proposed building is called principal or accessory and regardless of the use for the proposed building. The Building Department has taken the position, he believes, that an accessory building needs site plan approval if the use of the proposed building is the same as contained in the principal building; however, if the use of the proposed building is to be accessory to primary use, then a site plan is not required. A final determination from the ZBA is requested at this time. This Board' s position is that accessory uses (either in a principal building or in an accessory building) do not permit any "service" or "sales" activities, even though the establishment which exists may require such similar activities. Such "active" uses must be considered as part of a principal use (i.e. expansion, secondary use, etc. ) , regardless of whether they are an addition to the principal building or a separate, unattached accessory building. It is obvious that a circumvention of the zoning regulations could easily take place if one were permitted to construct accessory buildings in lieu of an addition to the main building. It is imperative to request the type of activities or storage to take place within the proposed construction. A tool shed for dead storage or a fence are types of accessory structures. A building in which minor tire repairs or other services will be conducted is not an accessory use (but rather one of the activities conducted under a principal use) . The Zoning Code relating to Accessory Uses in these several Zone Districts do not have provisions for the location of such Accessory uses, except that under 100-63 , all uses in the B Districts must be in enclosed buildings (no outside storage) . Section 100-63 could categorize more than one principal building with either a principal, or principal and accessory uses, with site-plan approval from the Planning Board. (There is presently no provision permitted an accessory building to be occupied by a principal use. ) With reference to the requirement of site-plan review by the Planning Board, it is our position that site-plan approval must be required for all Zone Districts, with the exception of the "A" Zone, particularly for the following reasons: Southold Town Board of Appeals -24- August 18 , 1988 Regular Meeting (Interpretation, continued: ) 1. The construction of additional separate buildings ' may eliminate the presently used parking or screening areas; 2. The use of the buildings must be furnished and listed on the site-plan maps, and a determination as to the need to create improved off-street parking spaces, on-site loading areas, add drainage facilities, improve access and maneuverability, pursuant to the requirements of Article XI, General Regulations, of the Zoning Code (which is distinctive and separate from Article XIII of the Zoning Code) . .It does appear that as an alternative to a full site-plan process, a waiver could be applied for and granted by the Town Planning Board if it finds that the project proposed will not adversely affect the site, surrounding neighborhood, general aesthetics, traffic patterns, and accordingly prescribe appropriate conditions and safeguards. Furthermore, it is the opinion of this Board that in light of the fact that yard setbacks have not been stipulated differently than those setbacks applicable to principal buildings and principal uses, the same setbacks should apply to ancillary buildings as to front, side and rear yard setbacks. It should be noted that an ancillary building for dead storage would be permitted to be located in the rearyard under this proviso. Motion was made by Chairman Goehringer, seconded by Member Grigonis, to send the above response in writing to the Town Attorney' s Office. This resolution was unanimously adopted. t TEL. 765-1802 �O�V�fig" COG TOWN OF SOUTHOLD a' C OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 August 25, 1980 Matt-A-Mar Marina P. 0. Box 1235 Mattituck, New York 11952 Att: A. P. Van Name Dear Mr. Van Name : Mr. Fisher is on vacation. He asked me to look into your inquiry regarding the construction of a maintenance and repair workshop on the Marina premises. Your marina is located in a "B" Light Business district . This zoning does not permit the servicing and repair of boats. Our records indicate the following variances granted to Matt-A-Mar Marina: January 27, 1977, Appeal No. 2242, Variance granted for storage of 100 boats, set back 100 ' from Wickham Ave. June 1 , 1978, Appeal No. 2419, Variance granted to allow sales of new and used boats up to 15. Used boats to be it water. June 1 , 1978, Appeal No 2420, Locate boat storage building in front yard area. Application withdrawn without prejudice. The use that you now propose must be located in a "C" Light Industrial District. Therefore, we cannot issue a permit for this structure . 2 You may, if you wish, apply for a building permit on the enclosed forms. Upon denial from the Building Inspector, you may apply to the Board of Appeals fora Variance to construct a boat maintenance and repair shop and conduct this type of business in the "B" Light Business District. Yours truly, EDWARD F. HINDERMANNI Building & Housing Inspector encl. EFH/mw 95-206(9/86)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 9% EFFECTIVE DATE 10-88-1661 C2111110 11/ 10/88 FACILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s) Under the Environmental Conservation Law N/A 12/31/90 Article 15, Title 3; 6NYCRR 327, 6NYCRR 608: Article 25: 328, 329: Aquatic Pesticides Water Ouality Certification N Tidal Wetlands Proltection ofllWat er � SPDES Article17' Titles 7, 8: � Solidl Waste IManagement"Artice 27, Ttle 7; 360: Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373: Water Supply F-1 Air Pollution Control' Hazardous Waste Management Article 15, Title 15: Article 23, Title 27: Article 34: Water Transport Mined Land Reclamation Coastal Erosion Management Article 15, Title 15: Article 24: Article 36: Long Island Wells F-1 Freshwater Wetlands Floodplain Management Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37; . Wild, Scenic and Recreational C—Construct ('only), 0—Operate ('only) 6NYCRR 380: Radiation Control Rivers PFRMIT ISSUED TO Ali Agarabi ADDRESS nF PERMITTF.E 306 Prospect Ave. , Sea Cliff, NY 11579 AGENT FOR PERMITTF.E/CONTACT PERSON TELEPHONE NUMBER Donald Cocks, P.O. Box 1235 Mattituck NY 11952 NAMF AND ADDRESS OF PROJECT/FACILITY(If different from Permittee) Mattituck Inlet Creek — Mattituck LOCATION OF PROJECT/FACILITY COUNTY TOWN/CITY/VILLAGE UTM COORDINATES Mattituck I Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Construct catwalk (4'x60' ) 3' above tidal wetland vegetation, ram 4 'xl ' floating dock (6'x2O') to be secured by two pilings. All work shall be in accordance with the attached NYSDEC approved plans. GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto. 1 Tl,e permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. 2 f hp permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL§71-0301 and SAPA §401(3). T The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and bywhomever suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip- tion resulting from the said project. 4 The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or c) newly discovered information or significant physical changes are discovered since the permit was issued. S. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date. 6 This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 7 The permittee is responsible for obtaining any other permits, approvals, lands,easements and rights-of-way which may be required for this project. 8 Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms,conditions,or requirements contained in such order or determination. 9 Any modification of this permit granter the Dep in I must a in writing and attached hereto. r , r „r t ttiro PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS 1 1/ 10/88 Christine Costopoulos " I !' ;tt r ►tcl! V ()p r•rttr AUTHORIZED SIGNATURE / P �'r '^IV frrrs'<�1'•, ?-' 1'rst r' 11 1%4 Page 1 of CC: B11HP 95-20-6a 0/86)-25c C ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34, 36 and 6 NYCRR Part 608 ( ) 10. That if future operations by the State of New York require an al- other environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized, or project. if, in the opinion of the Department of Environmental Conservation 14. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to a waterway. remove or alter the structural work, obstructions, or hazards caused 15. There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or herein authorized. revocation of this permit, the structure, fill, excavation, or other 16. If upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense pleted, the owners, shall, without expense to the State, and to such to the State, and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17 If ranted under Article 36, this permit does not signify g pin any way 11: That the State of New York shall in no case be liable for any damage that the project will be free from flooding. or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608, the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 12. Granting of this permit does not relieve the applicant of the responsi- (PL.95-217)provided that all of the conditions listed herein are met. bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers, U.S.Coast Guard,New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. of the permit application. 13. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by Donald Cocks_ solvents,lubricants,epoxy coatings,paints,concrete,leachate or any on R/ 1 q/8 R SPECIAL CONDITIONS 1 . No dredging allowed. 2. Walkway to be constructed 3.0' above tidal wetland vegetation. 3. No construction debris/materials shall enter wetlands. 4 . No disturbance to tidal wetland vegetation. Supplementary Special Conditions (A) thr.0 (J) attached. DEC PERMIT NUMBER 10-88—166 1 PROGRAM/FACILITY NUMBER N/A Page 2 of 3 SECrloQ UIEW l OF'4 PBOPOSED CATWALT, RAMP AND FLOAT LOCATED IN MAT.ITUCR CR EEX MnTT_:DC3 TCwN OF SOU-:-'_OLD SUFFOLX COUNTY N. I. NOTES: DATUM = MrW AGENT DONALD !CHOCKS -FOROwNE3 A. AGAR AP= 364, W( EST :VrJ� R:VE OWNER USE 3T OcCK l�� J CAT'�nL1 60� F:_T LO:lu A- �4 �' LT �IIDS C..r}���E�LK �l�'=�7 r111,11P, bC!C. 4 Iui�c RAM- 1 6 F�=T ;,V � -_i�U-- 1 I AFEET SvID:. FLOAT 20 _ _ ._ LONG a 6 _ ---T WIDE L2� MATTTTBCI CREE:: 'rrIDTR 1 20 FEET TIDE +/- 4 ' G" REvISGD rnraP I��y �g8 _ � ��� APPROX. 4 ' ABO E MARSH FRINGE / �� a P.AMP 4 X 16 Cv-rPtH AT H�GN 11 .E GRASSES AREMRW-%'a« SPARTINA & _1 _ ALTERNIFLORA ) , , ; �_i MLw o' i� TY-III DISTANC TO OTHER .SHORELINE 120' -- �ECT1ON A.-A _ AT MATTITU_CK CD - PROPERTY OF: TOWN OF SOUT H0LD _ BARBRA',REITER SUFrOLK CCU NT YN.Y. `,� �j✓ �$ _ X�a� �. P. O . BOX 1154 l000 — 139 — of - 2 ,5 ' oa- 5o 6� • . MATTITUCK L. I . 11953 `�.r� �.�'-"'6!4• �� �y Scale I"= 40 � 0-:5< ? `s July 29, I987 r� 5 ;:,'r ti`' � `.',1 PROPOSED . CA'='WALK, RAMMP AND FLOAT :'e••. R �y A5 MATTITUCK CREEK,MATT:T_UCK, TOWN. 0= ` - SOUTHOLD SUFFOLK COUNTY N. Y. 365 WESTViEW DRIVE NOTES : DATUM=MLW PURPOSE PRIVATE USE PROPERTY OF:' cp � G . P. McGINTY P . O . BOX 878 - %,5 0 MATTITUCK L . I . 11952 0, r FROM DOTTED LINE DOWN TO WATER GRASSES C,�P SPARTINA AND ALTERNIFLORA ., DATUM= PROPOSED WORK IS CATWALK,RAMP AND DOCK MATTITUCK CREEK A . K .A. PREPARED BY DONALD COCKS' ��• �j LONG CREEK CAT WALK 4 'X60 ' AGENT FOR OWNER A. AGA3A32' �. �� RAMP 41X}6 '- DOCK 61X20 ' ALL WOOD TO BE CCA TREATED 4 ' J\ 2 3 o c LA � ....._ J 5 J TAX MAP SHOWING LOCATION OF 365 WESTVIEW DRIVE zolowc-c woocs SEcnoN CF MAfTiTUCK 3 OF 4 AGENT D . COCKS ,e ID A. ' �'°r \'✓ l'�� �J ��a. � /rT b x ram\ �°`• \ \�`��'''." ++ \ \V tj MATTrTUCK CREEK AKA (onlG CREEK NEIGHBORS : WEST SIDE LOT# 24 G.McGINTY P . O . BOX 878 MATTITUCK EAST SIDE LOT# 26 BARBRA REITER P . O . BOX 1154 MATTITUCK OWNERS LOT# 25 ALI AGARABI 306 PROSPECT AV . SEA CLIFF a._.._ I.`��.— —•— �'_:� r. ` I © COUNTY OF SUFFOLK SOUTMOLD �'1 Real Pr Q —•_.— ---- _ -- — .� __..— 0 —...-- i� i .......• ooertY Tax Service AgencY!••_•u cr j Co.e.. ..M1« •[ram 1000peoplet, 'A .r f.� \ '\fir.:_.'-°1.'��., • ojy• • � WATEIIVILLE ti r .. h •j`'''� ''� ' •. •:;:air'' ;` � �. ':J ♦ 4 `11�� lk i �Tlr � :! • � r t'4t� MATTITUCK IF ARrnv LAP IHAP ��fvJ512=o10! PUJLOCL F-iPPF^.W DI X MA1TITUCK IIARBOR, N. Y. 30 JUNCIl75 weAL9 or r/[f narva. Ivl w•a;V:c:ILAU0 I9uw0 10 OLD L'kt A0110.1.10 f f.I/lOw •1 I.L. Ioop t pop KlA•Oa0:.IL:wCa0 10 klAO Of rboac1.4.0/f f.latow N I.L. ' 1 01/IOIY(w1 Or IN I•vf • wlw 1044 OIIIf.O1,lOwfl Of Iwlrwalwl wow 1010,waw 10Aw � 4ocgnoA1 of PI�?oP6R1-Y 3to5 IuEST vi6Gv �� .- oGUNER A• AG�'RA',f31 COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: -����/� L�✓ � lS v BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. 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, IF GRANTED. In completing this application I hereby authorize the Trustees, agent or representative to enter onto my property to inspect the premises in conjunction with review is appl ' ation. SIG OF APPLICANT U SWORN TOZ_BE,.;e10RZ ME TH 1 SDAY OF �-• 19 OR MCNAM C.i,,Adti1'H G NOTARY MOW, OF NEW YORK NOTARY UBL I C nSulfolkCO.,Wo.524510155 Commission Explres 61 30,19 ` . EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT, DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS, DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS, IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES APPrOved 2/27/85 -17 14•16 2 (2/87)-7c 617.21 S EO R Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that thote who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated 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 impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ 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 may 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 Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Otf icer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere( as part of the application for approval and may be subject to further verification and public review. Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involy, new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif• each instance. NAME OF ACTION CgT,,�sq� f�F}rrl I�Oc{C LOCATION OF ACTION(Include Street Address, Municipality and County) 3toS J.vt✓sTvlEW Drz(ve MPrrf(f0Ck_ LS. ocv►.s of SOL":'IWLDCo�NrY m S�FFou< NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE91 81 Do")Pkb Cocks (bI-b) 2% ADDRESS I;NLEr D2 • P.o. rsox S,2)q CITY/PO STATE ZIP CODE rlil'f r o cr— f J . 119 S Z NAME OF OWNER(If different) BUSINESS TELEPHONE At_( AcaO-raa (sl(� )&7(a-7350 ADDRESS 3v, PRoSPEcr Avg CITY/PO STATE FZIPCODE DESCRIPTION OF ACTION <14E Quit_Dfk�C, pr_ 0:�- Cr4Tw(4t_lC RArnP AtiD PL.a ATI rUc-7 Dc c K. Fog CPLO A_-42S R IgC2C-A-T(o#-))q C. Lt C_C Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting .of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) []Rural (non-farm ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: • 3 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres . Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) Hr)0-S9 ONO PRJO IZV acres acres 3. What is predominant soil type(s) on project/site? a. Soil drainage: ❑`Nell drained 15 % of site ❑Moderately well drained o/ of site ❑Poorly drained °o of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes No a. What is depth-to bedrock? (in feet 2 5. 'Approximate perce age of proposed project site with slopes: 00-10% IU C Ell 0-15% Ell 5% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes 74NO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes �dNo 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes C6No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes ,KNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes 1?.No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes XNo Describe 13. Is the project site presently used by the community or--neighborhood-as-an-open-space-or--recreatkm--area? []Yes 'XNo If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes '�INo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 4010CdPTW- 16. Lakes, ponds, wetland areas within or contiguous to project area: - a. Name _CnA ffl-rJUL C b. Size (In acres) 17. Is the site served by existing public utilities? ZYes ❑No a) If Yes, does sufficient capacity exist to allow connection? []Yes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes ❑No 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 617? ❑Yes ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ❑No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 3 acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. 'How much naturaCiaterial (i.e., rock, earth, etc.) will be removed from the site? `.J tons/cubic yards 3. Will disturbed areas be reclaimed? Dyes /5(N0 ❑N/A a. If yes, for what intend. purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes X,No c. Will upper subsoil be stockpiled for reclamation? ❑Yes U(N0 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? C acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes K10 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated I (number). b. Anticipated date of commencement phase 1 `SEPr month g sryear, (including demolition). c. Approximate completion date of final phase " month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO 8. Will blasting occur during construction? ❑Yes )dNo 9. Number of jobs generated: during construction — ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ❑Yes ZNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes 1�gNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑Yes )4No Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes ONO 1-11 Explain StftL i IS irk l Ls 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes 0 16. Will the project generate solid waste? ❑Yes �(N0 a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Dyes ONO c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ONO e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes XNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes rgNo 19. Will project routinely produce odors (more than one hour per day)? []Yes 'P�No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes ONO 21. Will project result in an increase in energy use? []Yes I�No If yes , indicate types) 22. If water supply is from wells, indicate pumping capacity C_ gallons/minute. 23. Total anticipated water usage per day C) gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes _J9N0 If Yes, explain 4 2&'Approvals Requ` _d: Submittal Type Date City, Town, Village Board ❑Yes 9No City, Town, Village Planning Board ❑Yes I%No City, Town Zoning Board I ❑Yes ONO City, County Health Department ❑Yes t4No Other Local Agencies ❑Yes ONO -(C)LOU DF �' a-b- 'fus-r✓ES Other Regional Agencies ❑Yes ONO State Agencies ❑Yes ONO DEPt:NoS om -rmouS Federal Agencies ❑Yes ONO C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ❑Yes ONO _ If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? Res i hr.-km L, 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? F9 es ❑No 7. What are the predominant land use(s) and zoning classificat'ons Qca.vsS I t✓,rcr to ( l within a 1/4 mile radius of proposed action? IS ��ztLu5So �ron�n �8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? YJYes ONO 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ❑Yes--- --,-XNo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes ONO a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes ONO - a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I.certify that the information provided above is true to the best of my knowledge. Applicant/Sp nsor Name �o�ac (�oCkS Date Signature Cl-C Title 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 •� 1 2 3 IMPACT ON WATER Small to Potential Can Impact Be Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact PMitiga Mitigated By (Under Articles 1.5, 24,25 of the Environmental Conservation Law, ECL) nge ZNO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ -]Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes ❑No protected stream. _ .. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? $N0 DYES Examples that would, apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ El Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ El Yes El No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? XN0 OYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. El ❑ ❑Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ El Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ El Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes -❑No do not exist or have inadequate capacity. • Proposed Action would use water in' excess of 20,000 gallons per ❑ ❑ El Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extent that there will be an obvious visual i contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes- ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes []No- and/or sewer services. i • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage i facilities. i • Other impacts: ❑ ❑ ❑Yes ❑No — i 6. Will proposed action alter drainage flaw or patterns or surface water runoff? 0,tiO []YES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ []Yes ❑No 7 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more - than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON AESTHETIC RESOURCESL 11 . Will proposed action affect aesthetic resources? J�NO DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ El Yes El No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? NO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes. ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2N0 DYES • The permanent foreclosure of a future recreational of portunity• ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes El No 9 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existin community? Impact Impact Project Change VNO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes El No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ' El Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ El Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ El Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ El Yes ❑No or areas of historic importance to the community. • Development will create-a.demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes El No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes []No • Other impacts: ❑ ❑ El Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO DYES 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—E-VALUATION 01F-- THE I,r]P®IRTANCIE OF IMPI= k,TS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated 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 irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 14.14-11 ,2re7,-9` 617.21 rs SEQR Appendix 8 State Environmental Quality Review "Isual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-'/4 '/4-1/z 1/2-3 3-5 5+ • 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-made 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 ❑ ❑ ❑ ❑ Elor Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ r State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) ❑Yes ❑No I 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 PUBLIC HEARING IN THE MATTER OF MATT-A-MAR MARINA JANUARY 21, 1988 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, JANUARY 21, 1988 ON THE FOLLOWING APPLICATION FOR A PERMIT UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN. .7:33 p.m. - In the matter of the application of Matt-A-Mar Marina submitted by Donald Cocks, Manager to extend existing docks in an effort to avoid shoal that is hazardous to approaching deep draft boats. Property is located on Wickham Ave. , Mattituck. Trustee Bredemeyer: Is there anyone here to speak on behalf of this application? Mr. Donald Cox, Manager, Matt-A-Mar Marina: On the north side of our gas dock the shoal goes out in a westerly direction about 35 ft. from our gas dock. This is preventing deep draft boats from coming into our gas dock. I have pictures showing boats that have gotten stuck. I have police reports of boats stuck. have about 200 signatures of boaters who are aware of the problem. At this time we are not in a position to spend the money to have the dredging needed. We have an estimate for $20,000. from one contractor and I have a verbal estimate for $25,000. from another contractor. At this time it is not feasible for us to spend that kind of money. It would be feasible for us to extend the dock beyond the shoal. That would at least give us free exit _for the gas 'dock for.the deep draft sail boats. I have more information. I don't know if everyone saw the pictures and police reports that were submitted. Trustee Krupski: Yes. Trustee Bredemeyer: Did we get a final recommendation from the Conservation Advisory Council? John Holzapfel: We just met today. One of the questions we had, we tabled it to be honest. We wanted to see what the bottom looked like. You said that you had contours, but we never saw them. We were concerned that what was being. . . Mr. Cox: D.E.C. has copies, the Army Corps has copies. I have a verbal from Dennis Cole and Stephen Mars from the Army Corps. They .said there is no problem. I still don't have them. It takes probably a month. I have a verbal. John Holzapfel: That is not the question I was asking. In your letter you had stated- that you done. a semi-official depths. Mx. Cox: I did with Bay-Constable Wermelinger, I went out with him in a boat one day .and we took soundings. I That was on the police report and that was submitted to the town. I have a copy of it if you would like to see it. (;Public Hearing - Page Matt-A-Mar Marina - January 21, 1988 What we would like to do is get the approvals as soon as possible from all the agencies involved. In fact there are six people who would like to do the work. It is a very good time of the year to do this work. We are not working on our boats now. It is _kind of a hardship at this point, we would like to get the approvals so that we could work during February and March. Trustee Krupski: On inspections we stoped there yesterday. I was somewhat troubled because I have had some feed back from people in the area that the Marina keeps expanding and expanding. The Trustees have, since I have been on the Board, and historically, tried to work with the Marinas because they are an asset to the community in most cases. It seems that you have documented your problem. We have tried to come up with a solution that would satisfy both sides. By giving you a 35' extension on the gas dock you would also. . . Mr. Cox: That is 451. Trustee Krupski: Okay it's 45' total, plus there would be boats presumably docked on either side of this dock going out the extra 351. Mr. Cocks: Generally not on the outside of the dock, on the inside it would be. Trustee Krupski: Right, okay, so what concerned us was the additional coverage of the shading of the bottom here. As .a solution, we thought that we could work out some sort of a compromise with the marina with you. If you would eliminate some- of your finger slips along the gas dock going out, we would be able to proceed to z.,oant you the extension to provide better navigation. Trustee Bredemeyer: The intent, I think the Board felt that we would maintain the same degree of bottom coverage. The issue here really, as presented, is an issue of safety and the needs of protecting the boating public. Prior applications you have made with respect to dinghy access and all had a lot of merit. This is in the same line. We feel that if we grant this going out so much further and we have all that additional bottom coverage and it_ is very substantial and not in keeping with what the request is for. Mr. Cocks: As far as the expansion, the last expansion for the marina was done, I believe, 6 or 7 years ago. Trustee Bredemeyer: We are talking about the finger pier extensions that we granted. Mr. Cocks: We eliminated two smaller docks there. Trustee Bredemeyer: Right, but the net change has been to increase the coverage over town bottom, that is what the concern of the Board is. Trustee Krupski: What we are proposing would provide you with what you want, but it would also give the town a little better environment there on the bottom of the creek. Trustee Bredemeyer: It would not preclude you from using the dock, you would still be able to tie up along it. The existing one is 85' plus the 37' so it would provide for a number of docks to be tied up along side of it. Public Hearing - Page ' Matt-A-Mar Marina - January 21, 1988 Trustee Smith: It is a small expansion but whenever we can get any space into a marina without doing any damage to the environment I don't think that that is a working part of the creek, I think that we should take advantage of it. That is my personal feeling on it. Mr. Cocks: I can not speak for the owner, I will have to go back and check with him on this. Trustee Smith: My recommendation to you is, take what they are giving you. You can come back with an application to put your finger piers back. If that is satisfactory to you. Trustee Krupski: I understand why you can't make a decision on that now. We can grant a conditional permit on that bases whether. or not you want it like Henry said. Our concern is the coverage of the bottom. His coverage is getting more and more extensive. As Henry mentioned it is not a working area of the creek, and as there are more boats in the creek that is of course the reason that it is not a working area in the creek. Trustee Smith: It is an established marina. Trustee Krupski: I know, I know, but it is over town bottom though. Trustee Smith: Every marina is over town bottom, just about, there are a few where they own the bottom. Mr. Cocks: My feelings are that the expansion it would allow us to have two more boats on the property. What we are doing is to try to prevent any dangerous situation from happening. The boats get hung up on this shoal. The Bay Constable has seen some of the things done to try to get these boats off of the shoal. Trustee Smith: What the Board is doing, is giving you the extra 45' so you don't have that problem. Now the stumbling block is the extra finger piers. I don't think that you can use the safety factor as a lever for those finger piers right now. You have to go about that at a different approach. Mr. Cocks: At one time Mr. Goubeaud brought up an idea of our creek on the south side, a letter, something along the line that we would not be building or doing any. kind of dock work there as a trade off. Trustee Bredemeyer: Formalizing what was a prior agreement? Trustee Krupski: I thought that was already formalized? Trustee Bredemeyer: We have never found a written document regarding that, we searched the files. Trustee Smith: I think that was a verbal agreement. Trustee Krupski: I don't know, I think that would have to considered. Trustee Bredemeyer: I agree, Al, we would have to consider it. AL Public! H8ari ng - Page Matt-A-filar Marina - January 21, 1988 Trustee Bredemeyer: Do you have any other comments with respect to the proposal you have now, there may be others who wish to speak regarding this matter as well? Mr. Cocks: No, just the fact that I feel that this idea of putting the dock out is not to make a lot of money, we will be spending money to put it out. Eventually we will have to dredge the area, but that will not be for at least five years until the business is making enough money to do that. By putting the docks out we will be saving a lot of money in the dredging. The safety factor will be a big thing also. We are trying to watch out for Southold Town in a way by preventing any injuries or deaths on the shoal. We are gaining two boats by putting out the docks. Trustee Krupski: You are missing what we are saying. What we are saying is that you can stay statusquo while doing what you have hoped to do, to provide for better safety and access to your fuel dock. By making that dock so much longer the access dock to that fuel dock, that much longer, the Board did not feel on inspections that you would be loosing any boat slips by taking those finger piers out. Our concern is the coverage of the bottom. If you keep the same amount of boats there along side of that, instead of having finger piers, you are still going to have the slips. You .will not be gaining any additional slips. Trustee Bredemeyer: Thank you. Is there anyone else wishing to speak against this application? No comment? There being no further comments, I will close this hearing. 7:50 p.m. Ilene Pfifferhn Gle4rk to Trust s To: Trustees From: Clerk Re: Matt-A-Mar Marina Date: December 21, 1987 Please be advised that Vic Lessard, Building Dept. Administrator was in to the office to advise that there may be additional work requested on the upland portion of the property. He said that Mr. Cocks was in to the Planning Board, however no application has been submitted to date. They may need additional approvals from the Z.B.A. also. Perhaps you may wish to ask some questions regarding this matter? 4� . TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE -ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. APPLICATION NO. ( —_--_—DATE OF APPLICATION_-1Zt11/ 97 --------- TTT___ 298 Lf739 IDENTITY OF APPLICANT PHONE NO ADDRESS OF APPL I CANT P_0.80.X 1235 _— Ujtr-KFI.Am ,TVG,_ MA�tJ�j�G��__—__ TAX MAP NO. AGENT__'DOWALD_COGKS MA�TRfxE2 29$ 9159 PHONE NO. 105'n S _W*-S PERMIT REQUESTED TO_EXTE1.ID _EX1ST1KS�_ S7iDGKS_�=_ UTEs�1N �g�1o_AJO�p_ SNot}L =14AT �g_�}g2_l�g�ouS_ To R__POACµI�IC�_DE �RAF'7_ So_AT_S_'TINS _IS_ ►I.r AvolTlow TO THE 10' ALLO WreD o1v 1'-64w1 1T - 2'Z53 DATED IT87. — -- - LOCATION OF PROPERTY FOR WHICH PERMIT WANT ED_MAf� q r-nAP- MARIMA _ t�cKH�4M RV(r �wESt QE�� tS LtoRfN FRoM rNT1C�C.�tw-OF Sou ND A09 R"o WICIK44M _- HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION _DOn1AL0_Coc.KS AO-BOX $Sy SNLET DRUG MA-OrIVOCY- L.Z. N-`1. I icIS7- CREEK, BAY OR HARBOR ,FRONT I NG PROPERTY rnpl-f-fltuC.K _�NLGT BASIN SIZE OF PROPOSED WORK_SpNSTAUGT10N1_ 0P_'D cy_ eqc) DiSTALLAfIou_ of PILIrs_sS_- As VeR A?TAr_Hc-D PLaKS LENGTH W4}LKWA�=RUNNIrIU CAST RnID wcsr ��1—_RILrACAEp_1_ 2 _Dock SECTIOm$ RUWNIN(I 9-OA M FIND SCOTfl 105' WIDTH_OOGL_ 1.v I DI'P Is Sr' i, wesr ----�----- A - --------------------=-------------- HEIGHT ABOVE HIGH WATER-9 "19LI DEPTH BELOW LOW WATER f{AWGGS FROM �� 'fD 4 YARDS TO BE EXCAVATED YARDS TO BE FILLED ----------------------------------------------------- WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY Icoa lz 6 T_ DEPTH AT LOW T 1 DE_ FROM— 31-- 'r O--Cc��a + 96,8T -------------------------------- AVERAGE RISE IN TIDE -i1/11 --------------------------------------- DISTANCE TO THE NEAREST CHANNEL Jc OO FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA yS FT. IS THIS FOR PRIVATE. OR BUSINESS USE? S U SIMISSS ---------------- AREA ZONING �J MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED ------------------------------------------------ ------------------- INTENDED USE OF PROPERTY_+MAEIINA f3oAt_AgmiAS ANO DOCX jg s ORA'('C DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE ----- 6cE� q- MAg1Na ------ - ,�-- --- ----- ---------- AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCY_PjEgrv11'r_ ISSujSO 1/67 _-"' 2253 TO CxMmD_DaCK_ DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY_ MgP_W1VL—(�J6_ �^1C(�/�F,O—ly�T1�—Q�LICArfQl.1 —___ ------------------------------------------------ --------------------------------------------- WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. ------------- — — — -- --�---- ---------------------------------- ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED. THAT WOULD PROHIBIT THIS PROJECT? �3 p • 1.4-16-4(2/87)—T?xt 12 C PROJECT I.D. NUMBER 611.21 SE01", Appendix C State Environmental Quality Review SNORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 1DOIaJ4L-D Coc v_% GAS DoCK ExTtaMic d 3. PROJECT LOCATION: Municipality MAffl'fUC14 - "Own7 pf- Soo-r t Lz county SVFPO(.IK ' 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks,etc.,or provide map) sT R mAa rnaallJE mpel"r Pi rnPkk IS LOC '176D Ots TN$ P.O.o. Box IZ35 WEST SIDE C7F WIC.<gAM Ave • lutc►{►}grtl (��E, rnRtTrtuC,1� �•r• lu.Y . '/6 mlt_- NoRrR FRvna THE INTGR66CTIONS oP WICKN4:rr1 AVG- Rtiv SOUND f+j1;. 5. IS PROPOSED ACTION: ❑New ❑Expansion ®Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: i. 17uE To aS404L CN T}}S NrOaTl+ TIP 'op z>0m GAS OoC.IC* Dip DQAFr BRATS 1}t>Nir BEEa RuNNI►J6 AGRtxavb. wlTiti 1►JFbPrtngrIo1J FROM AP-PAY C:ORP HwtD DEPr'+ REe.02.06a TLIrg: Z44aA" RPPEA28 To START InsSIDE •r1+6 "Gras OoC1C RND PROCEED W1rST 36' OAST TIP crt- voCr<. Sy Mo%wj6 .GAS vccrt, wEST 35' . TI+G DEPTN IS GR64t'Ly IMPitaudD AWD fJAWI'6sA?nvo or:' DEEP DRARr 13oAA'S 540OLD IMPR,otm- �R To-r t_ of H5' wot-o RANrim g I'r 7. AMOUNT OF LAND AFFECTED: Initialiv 1�3 acres Ultimately I acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9 Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial XCornmercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: Cx.12 rnAAWp C,orJERS ct AC12gS wE ARE &04RDERIN6 A WooDGD RR�R Rr�rD SCckr�aED RES►vEUTtgI_ 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yes ❑No If yes, list agency(s)and permit/approvals *fO-M of SouT}►oLD QoPeAD CP '11F OW156S 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ©Yes ❑No If yys, list agency name and permit/approval t ERrAIT #2253 'rowr l OA Sovroo)LD OoARp oa TRusveaS AP032ouRd- To ExTFJmD GAS lo' FRoAA fDjzj547 ' LeCt}T1o&5 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? SYes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: �'���� P C�OO-i_S Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II—ENVIRONMENTAL A MENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE___rIRESHOL I IN 6 NYCRR, PART 617.12? If yes, coc.�hate the review process and use the FULL E>AF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCR may be superseded by another involved agency. R,PART 617.6? If No,a negative declaration ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic, or other natural or cultural resources;or community or neighborhood character? Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered,species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly.: I C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term,short term,cumulative, or other effects not identified in C1-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes, explain briefly i i PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. - ❑ Check this box if you have determined, based on the information and analysis above and any Supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or type Name of Kesponsiule Vtftcer in Lead Agency - frtle of Responsible Unicer signature of Responsible Olticer in Lead Agency Signature of Prepare. tit dnferenl from responsible orucer) Date 2 14.16- (2/87)--7c • 617.21 Appendix A State Environmental Qualitv Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature;yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate orwhether it is a potentially- large impact. The form also identifies whether an impact can be mitigated 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 impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting• information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ 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 may 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 Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Orf icer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 PART 1—PROJECT INFORh,ATION L Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider, as part of the application for approval and may be subject to further verification and public review. Provide any additior. information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec) each instance. NAME OF ACTION CAS Dock FjC f�tJ St 0�1 LOCATION OF ACTION (Include Street Address, Municipality and County) m"r a mak mgRtNA L. NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE �o►a -o COc.t-s (51 (o) 298 `f 7 39 ADDRESS P•O - 60X as q - CITY/Po STATE ZIP CODE rn�rrlruc� L.L. h1_y. Iv l t 195Z NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS 30(o PRoscc7 �}v6 CITWPO STATE ZIP CODE Sufi cc,IFF L.J� DESCRIPTION OF ACTION i Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ®Commercial ❑Residential (suburban) ❑Rural (non-farr ❑Forest ❑Agriculture ❑Other MApuWA 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER CONIPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres - Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: 01,Vell drained % of site ❑i'vIoderately well drained 40 of site CPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Dyes ❑No a. What is depth.to bedrock? (in feet) 2 5. 'App•roximat<e percentage of osed project site with slopes: ❑0-1 0`'�� ✓ °o Ell 0 15 °% e• ❑15% or greater 03% 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? E-:Yes Z;No 7. Is project substantially contiguous to a.site listed on the Register of National Natural Landmarks? ❑Yes ❑No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? GYes IgNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes J9LNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes ®No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes XN. o If yes, explain 14. Does the present site include scenic views known to be important to the community? El Yes XNo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? KYes ❑No a) If Yes, does sufficient capacity exist to allow connection? []Yes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes ❑No 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 617? ❑Yes ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ❑No B.. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. LAJIJp b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed °o; f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 i 2. How much natural mater ,i.e., rock, earth, etc'.) will be removed f(.Ahe site? tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ❑No El N/A a. If yes, for what intend.--' purpose is the site being reclaimed? b. Will topsoil be stockpiled for.reclamation? ❑Yes ❑No c. Will upper subsoil be stockpiled for reclamation? ❑Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by'this project? ❑Yes ❑No 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 Spa»G S V month year, (including demolition). c. Approximate completion date of final phase LAM SPRIPJG month $$ year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO. 8. Will blasting occur during construction? ❑Yes ®No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project O 11. Will project require relocation of any projects or facilities? ❑Yes ZNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes ®No a. If yes, indicate type of waste (sewage, industrial, etc.) and. amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑Yes ❑No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes ❑No Explain Dock GnrGNSlo►J io Avoid SI�oAt_ 15. Is project or any portion of project located in a 100 year flood plain? Dyes ❑No 16. Will the project generate solid waste? Dyes QNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes P�No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes KNo 19. Will project routinely produce odors (more than one hour per day)? ❑Yes EN 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes ®No 21. Will project result in an increase in energy use? (SYes ❑No If yes , indicate type(s) Add i4t.on?,J do-otncat ovJ lek5 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes fKNo If Yes, explain 4 25.' Approvais Required: Submittal Type Date City, Town, Village Board ❑Yes ❑No City, Town, Village Planning Board ❑Yes ❑No City, Town Zoning Board ❑Yes ❑No City, County Health Department ❑Yes ❑No Other Local Agencies ❑Yes ❑No Other Regional Agencies ❑Yes ❑No State Agencies ❑Yes ❑No Federal Agencies ❑Yes ❑No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ❑Yes ❑No _ If Yes, indicate decision required: ❑zoning amendment ❑zoning variance Nspecial use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other P1rdMQMWr Vo 96kM T 2. What is the zoning classification(s)of the site? (31 3. What is the maximum potential development of the site if developed as permitted by the present zoning? • Lb ES rzo-r A E tsKE TO D 'S 4. What is the proposed zoning of the site? 20"J"26 'DOES NOT RGLAI 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ISYes ❑Nc 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? I t��+r S-rvDvsrR�atr allo t-tou� 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? ®Yes ❑N( 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ❑Yes ❑N( 11 . Will the proposed action create a demand for any community provided services (recreation, education, police fire protection)? ❑Yes ANo a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes XNo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate o: avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Dar-SAW elc Date _ 12 fill 1$7 Signature Title �►'►c�0PrGC-P— 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 r Par _ ?ROJECT IMPACTS AND TH b,AAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations beer reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold o; magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State anc for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check 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 potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 43 Small to Potential Can Ii.pact Be IMPACT ON LAND Moderate Large Mitigated By 1 . Will the proposed action result in a physical change to the project site? Impact Impact Project Change Examples that would apply to column 2 ❑NO ❑YES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ El ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. Cj ❑ El Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ El Yes ❑No 3 feet of existing ground surface. . • Construction that will continue for more than 1 year or involve more ❑ ❑ than one phase or stage. ❑Yes ❑No • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑No • Construction in a designated floodway. ❑ ❑ El Yes ❑No • Other impacts ❑ ❑ ❑Yes []No 2. Will there be an effect V. _..iy ur::que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)',—'NO DYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 Small to Potential Can Impact E IMPACT ON WATER Small Large '.litigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Chang: (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ENO OYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ iJYes ❑No protected stream. • Eixtension of utility distribution facilities through a protected water body. ❑ []Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: Doe-KS wogL-G) Coi.7rAtO E►t:GTR►CaL AND ❑ ❑ ❑Yes ❑No. i,�t�CR Cotes NEct►o a S 4. Will proposed action affect any non-protected existing or new body of water? ®NO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No • Other impacts: DO=$ WOUL® GxrC4l7 4C' F94tA t xisn,46 ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ . ❑ ❑Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ El Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction .or operation causing any contamination of a water ❑ ❑ ❑Yes [I No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site-to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in' excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will like!,., cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to tr;;:! ext_•nt that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes- ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes No, and/or sewer services. • Proposed Action locates commercial and!or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existim, waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes ❑No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? XNO C^YES Examples that would apply to column 2 • Proposed Action would change-flood water flows. 11 ❑ ❑Yes ❑No Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ El Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ El Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ - El Yes []No IMPACT ON AIR 7. Will proposed action affect air quality? .KNO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ []Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ El Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes []No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ENO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes []No list, using the site, over or near site or round on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes []No, • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ El Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ migratory fish, shellfish or wildlife species. ❑Yes ❑No • Proposed Action requires the removal of more than 10 acres ❑ ❑ of mature forest (over 100 years of age) or other locally important ❑Yes ❑No %'e.-etation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 ONO DYES • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 Small .to Potential Can Impact Be Moderate. Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more - than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 : Will proposed action affect aesthetic resources? X40 ❑YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes El No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes El No screening of scenic views known to be important to the area. • Other impacts: wE 44v6 t.6-Cr69S ec: SvPi-btzr Faow. ►014AE ❑ ❑ ❑Yes ❑No OWMI `( S 4 400uDim6 ARSR IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? j9 10 OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes. []No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes []No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 f�LNO ❑YES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ []Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON TRANSPORTATION 2 3 Small to Potential Can Impact B� 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ®NO ❑YES Impact Impact Project Chang Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑Nc • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: Wit_l_ RELIEVS PA08 r-,M or- pip pRgpr ❑ .Q ❑Yes ❑No 6oAtS Ruau t►�6 q t am o tit G2pur re OUR Doci< IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ENO OYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? C94N0 OYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑`; ; ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ E]Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes El No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? AN0 DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes- _ ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ ❑Yes ❑No form (i.e. toxic, poisonous, highly reactive, -radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes ONO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 ' 1 IMPACT ON GROWTH AND CHARACTER 2 3Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large %litigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change ZNO ❑YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ []Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑No or areas of historic importance to the community. j • Development will create a demand for additional community services ❑ ❑' El Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 19. Is there, or is there like) be Y to , public controversy related to potential adverse environmental impacts? XIN0 OYES 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 4' Pare ^—I"E"VALUAT10il 0P T HE RAPORTANCZE 0P IMPr= S Responsibility of Lead Agency. Part 3 must be prepared if one or more impact(s) is'considered to'be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated 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 irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 1,4.14.1f:2:e7) 617.21 SE^11R Appendix 3 St3te "Ernronmental Quaiity Review L a G �~ c � � This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0 /a 'A-'h 1/2.-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation Wou�C�wr gG %r% Sta&r_-- of natural or man-made scenic .qualities? • An overlook or parcel of land dedicated to public ❑ ❑- --. ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? N O • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? &y 0 • State Parks? N 0 ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ n ❑ I • National Wildlife Refuges and state game refuges? N O ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? 0 O • National Park Service lands? O ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑; or Recreational? tN 0 • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? N O • A governmentally established or designated.interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated'as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ E! . • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibilityof the project seasonal?P ro j (i.e., screened by summer foliage, but visible during other seasons) I ❑Yes !XNo 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 1, check those which generally describe the surrounding environment. Within *'/a mile *1 mile Essentially undeveloped ❑ Forested Agricultural ❑ _ ❑ Suburban residential ❑ Industrial ❑ ❑ Commercial X ❑ 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: *'/z mile Yes ❑No *1 miles ❑Yes ❑No *2 miles -❑Yes ❑No *3 miles ❑Yes El No * Distance from project site are provided for assistance. Substitute other distances as appropriate. �P,ivG}fE DoCwS EXPOSURE 6. The annual number of viewers likely to observe the proposed project is So (�E�Ysons a5. NOTE: When user data is unavailable or unknown, use best estimate. hones_ownerS 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 ❑ ❑ ❑ At a residence ❑ ❑ ❑ At worksite ❑ ❑ Other ❑ ❑ i I I I - 2 - COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: frvr � COCKS BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS , AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF , THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. 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, 1F GRANTED. In completing this application I hereby authorize the Trustees, agent or representative to enter onto my property to inspect the premises in conjunction with review of this application. -� Kf SIGNATURE OF APPLICANT SWORN TO BEFORE ME THIS DAY OF11�Yv'/YX NOTARY PUBLIC LINDA J.COOPER Notary Public,State of New York No.4822563,Suffolk County Term Expires December 31,19- EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT, DOCKS , WHARVES" PERMIT (CHAPTER 32) DISAPPROVED " WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS, DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS , IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 MA T,T/ TUCK CREEK o � - Zm � N r � , 1 A \•sow � A w '� O 1 o 9. t, L D A IV i P. O. Draawer A Jamesport, -NY 11947- January 14, 1987 • I old Town Planning Board I Road rhold, NY 11971 ar Sirs: Please find enclosed Part I of the Long Environmental Assessment Form and the $100 filing fee for the site plan of Dr. Ali Agarabi/ Matt-A-Mar Marina, Inc. for the construction of a storage building at Mattituck, New York. If any further paperwork is required to complete this file, please don ' t hesitate to contact me. Q Sincerely, nr . �lRa Y PnorjP HER:ml Encs. F j! i I i i I I I i 7. t-ar I �c Ct JER TELEPHONE RECEIVED BOARD OF TOWN TRUSTEES (516)165-1892 TOWN OF SOUTHOLD DEC 75 Town Hall, 53095 Main Road P.O. Box 728 ';own Cle-k Southold Southold, New York 11971 . December 26, 1985 Mrs. Judith T. Terry Southold. Town Clerk Southold Town Hall Main Road " Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Trustees at their regular meeting held on December 26, 1985 a' regarding the wetland application of Matt-A-Mar Marina: RESOLVED to recommend to the Town Board Disapproval on the application of Matt-A-Mar Marina because of the agreement that was made several years ago not to expand. .. There was an illegal retaining wall put in, .in an intertidal area where the wetlands were damaged and had to be restored. Rather than issue a violation, the Trustees accepted the contractors interpretation that no application was necessary. An agreement was then signed that no dredging would be done on the South side. There is no need for a dinghy dock. At low tide there is no water there. The lighting and safety requirements will effectively remove the whole cove to wildlife feeding at night. The measures for mitigation did- not include to. bring the people to and from the boats, by launch. Trustee Smith will give a presentation to the Town Board at 11: 00 A.M. . Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board HPS:,ip ti Pagu 5 - Matt-A-Mar Drams.. EIS the Town 'dock or the facilities at the Town dock. In the few months that I've been there I would say there's been maybe five to ten percent of the boats that tie up there use the Town dock. I think they like the looks of our facility. They might want to come and use our swimming pool. We have picnic tables, restaurant, restrooms and everything that they really need there. So there are times that we will need slips for 30 to. 40 dinghies,' because we might have 15 or so that are permanently moored there. The length of the dinghies you say are 8 foot. Most dinghies now are say between 8 and' 9, 10 foot. The maximum size boat would be there would maybe a 11 or 12 foot dinghy, but the reason for the length is because of, as he said, the depth is very shallow. How -far out the dock would be from the bulkhead; so we would need approximately that many feet to fill if we have as many boats as we need, because the safety factor of the boats that circle around in front of the gas docks and not places to tie up they pull up in the marshland and every- thing else and wouldn't be good. So that's the main reason we have the docks that long. Thank you. SUPERVISOR MURPHY: Okay, any other Board member have a question? COUNCILMAN TOWNSEND: Yes, I just wanted to review the nature of the dredging. 9� 9• SUPERVISOR MURPHY: With who? COUNCILMAN TOWNSEND: With Mr. Haje. COUNCILMAN STOUTENBURGH : There's no dredging. COUNCILMAN TOWNSEND: No dredging? Oh, okay. It seemed to me I .saw some- thing in here--and I hadn't thought there was any dredging. What is the depth of water in front of the dock--the proposed dock? COUNCILMAN STOUTENBURGH : Three feet at the most. MR. ROY HAJE, President, En-Consultants, Inc. : Maximum about 3 feet. COUNCILMAN STOUTENBURGH : By the way there's .a clause someplace in your deed somewheres along there that there never will be any dred-ging in that Peter's Creek. SUPERVISOR MURPHY: Any other Board members? : (No -response.) Anyone else would like to speak in favor of this application? COUNCILMAN STOUTENBURGH : Mr. Kujawski, do you have anything as a Trustee? SUPERVISOR MURPHY: Anyone else would like to speak in favor? (No response.) Anyone like to speak in opposition to this proposed application? ' Mr. Kujawski. MR. FRANK KUJAWSKI, Southold Town Trustee: There's a historical perspective to this application. There's a Trustees' portion of it. This, of course, took place prior to the Trustees taking over the Wetlands Ordinance. I believe it's one of those last few that came before the Town Board. This application has already, been rejected by the Town Trustees, their portion of it, and I think that was--Jean when you were first elected to the Board, the first couple of months. COUNCILWOMAN COCHRAN: Yes. TRUSTEE KUJAWSKI : Public opposition to this application was very vocal and n � ' •,; Page 6 - Matt-A-Mar Dr.-.. EIS numerous. . We filled up our little meeting room at the end of the hallway and had to move to this room several times over this application, and the reason for that is I think the six years that 1 was on the Board of Trustees Matt-A-Mar Marina was a constant source of growth and friction between its neighbors and the marina itself. Of course the neighbors watched the expansion of the marina occur quite _ rapidly through the 60's and -701s. The most recent expansion there was the extension of the docks on the western portion of the property extenting out into the marina. At one time--I think, -Paul, you were on the Board, there as an applica- tion there for five 90 foot T docks stretching out into the Town basin, which is really the federal anchorage area. We finally whittled that down to a 90, 1 believe, T dock for the gas facilities, but then had to actually bring back all of the other sections to the edge of the public property--rather the edge of the federal property. So all of the public property between the federal anchorage and Matt-A-Mar Marina is now presently covered with floating docks. The final--I guess the final construction activities that took place there was the construction of the bulkhead on the south portion of the property, or the north shore of Peter's Creek. This bulkhead, at the time, was found to be in violation by the Town Building Department and at that time Mr. Van Name, I believe was the manager, and Dr. Samuels was representing-- you weren't representing them at that time, I don't believe. Dr. Samuels represented Matt-A-Mar Marina, Dr. Aggarabi, and came in and met with the Board of Trustees. We were in kind of a perplexed position. We were again sitting down with not the most favorite facility in Mattituck on the creek. All of the neighbors were really clammoring for the Trustees to insist that this bulkhead be taken out. It was put in without an application, it should be removed. There was some wetlands damage that had been indicated and Dr. Samuels at the time offered to fix the damaged areas of wetlands and replant them with spartina grass. This never was done, but Mother Nature and her spartina grass did do a good job of filling in, •as it will do, and that area, I believe, is fairly healthy now. But we did work out a--I thought--sort of a gentlemen's type agreement between the Board of Trustees, the Mattituck Community of Browers Woods and the neighborhood there, I believe they're the Mattituck Watch- dogs--I can't remember the name of the community group. Mrs. Delahanty 1 remember was the most vocal portion of it because she was determined to shoot each Trustee and each representative of Matt-A-Mar if they dared leave the room. And Matt-A- Mar, where no further construction of any sort would further occur in Peter's Creek. We also agreed at that time that Matt-A-Mar Marina had reached the boundaries of its perimeter and had gone as far into Mattituck Creek as it possibly could. So we had achieved maximum capacity. Now, when this application came along to the Trustees we were, number one, quite surprised, and I have to say that the approach tonight was not the approach that was given to the Trustees. At the time the reason for this dinghy dock was to accomodate the dinghies of the people who stay at Matt- A-Mar. In other words by maximizing the use of the slips people would be able to drive their dinghies around to the other side, thereby making more dock space avail- able. Well, being a sailboater myself and having gone to Esseks Island Marina, and believe Henry is a pretty good boater and Jean I think had some experience, we had never seen anything like a dinghy dock. You know, you drag your dinghy up alongside of your hull at night and that's it. You don't need a dinghy dock. This is the first I heard tonight that it was going to take care of the docks that were moored in the basin. I didn't realize there was that much traffic between Matt-A- Mar, and I'm in the creek quite a bit, between the people who anchor in the basin and who come in to Matt-A-Mar. But I think at the time, when we rejected this, we suggested that they look into using the boat launching slip as a possible area to bring dinghies in at night. So 1 believe the Mattituck •Community was satisfied with that. I mean, they realized they have a neighbor that is a non-conforming use. It's a residential neighborhood, but this facility did . exist. I also recognize the fact that the master plan is addressing marine recreation and certainly I think the Trustees now have a philosophy that existing marinas should be allowed to expand to their Page 7 - Matt-A-Mar Dra) L EIS capacity, but there is an agreement and the word was given to this community that. there would be no construction in the Peter's Creek area, and l think we have to honor that agreement that was made in public, and that's why the Trustees rejected the application. And I think why the Trustees also recommended disapproval, didn't they? TOWN CLERK TERRY: Yes, they did. l would like you to know that you're going to be addressing this again. TRUSTEE KUJAWSKI : I won't be. TOWN CLERK TERRY: Well, I don't know. Aren't you having another meeting in December? TRUSTEE KUJAWSKI : Yes. TOWN CLERK TERRY: Then you may be addressing it again, because the Town Board--- TRUSTEE KUJAWSKI : Taking lead agency, you mean? TOWN CLERK TERRY: No. The,-,Town Board denied..,this application without prejudice., but have not completed the SEQR process. They had done a significant. And all of a sudden the draft came in. So now we had top request a new applica- tion from them---- TRUSTEE KUJAWSKI : This is the first I've heard of the draft environmental impact statement. TOWN CLERK TERRY: That's the hearing we're having tonight, right now. So they had to file a new application, Frank. And now because the Town Board is doing it we have to go back to the Trustees for another recommendation as well as the Conservation Advisory Council. TRUSTEE KUJAWSKI : . Wouldn't a new application go to the Trustees? TOWN CLERK TERRY: A new one would not go to the Trustees because the lead agency`is `sitting here right now. - - TRUSTEE KUJAWSKI : There' wouldn't be a new lead agency? TOWN CLERK TERRY: According to the Town Attorney he tells me no. And I was required to ask the applicant for a new application. TRUSTEE KUJAWSKI : Well, I'm giving you the view of the Board. I'm not here under their authorization, but I think Jean probably recalls these conversations. COUNCILMAN TOWNSEND: Could I ask a question? Seeing that you're here. I was looking at the minutes of your meeting and •1 see that there was a lot of comment from the neighborhood, particularly Mrs. Delahanty, but we're here on an environmental basis and I was wondering if you had any specific comments. Now you said that you were concerned about an agreement that had been made between the Trustees. In what form did that take? Was that based on an environmental review? TRUSTEE KUJAWSKI : We were seeking to arrange a working relationship between Matt-A-Mar Marina and the community in the area which had been constantly at odds. Pagb 8 - Matt-A-Mar Dra,i EIS They were very upset because the bulkhead went in. Mat-A-Mar Marina was quite upset that they may have to take the bulkhead out and what we decided was, okay, let's let them leave the bulkhead in, we'll replant the spartina grass in front and there never will be dredging, there never will be construction in this area, boats will never be docked in the Peter's Creek area. COUNCILMAN TOWNSEND: I think ,as far as any action on a wetlands permit it might be important information, but as far as the environmental impact statement, what I would like to--- TRUSTEE KUJAWSKI : I'd- be the first to admit that a ramp and a floating dock is not going to have a significant environmental effect upon the wetlands or the bottom. We were a little leary about this remaining as a dinghy dock if it was approved. COUNCILMAN TOWNSEND: I see. In other words you're saying what might happen is that it might be converted to. some other use that would have motors and gas spillage and pollution, further increase--- TRUSTEE KUJAWSKI : All marinas--they're there to exist to make money. I mean that's the purpose of a marina. They don't operate at a loss. The economics of these things are to try to maximize--and I think the master plan recognizes that they should maximize facilities within bounds. COUNCILMAN TOWNSEND: And with two feet of water they probably wouldn't be able to moor a heck of a lot of--- TRUSTEE KUJAWSKI : Not without dredging. COUNCILMAN TOWNSEND: So you're saying that basically from just a pure environ- mental reason this kind of ramp and floating dock does not generally represent a problem, but for other reasons--agreements that have been made, that kind of thing, the Trustees voted against it? TRUSTEE KUJAWSKI : I believe it's the recommended form of docking--ramps and floating docks, yes. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to speak in opposition to this applicant? Ruth. MRS: RUTH OLIVA, North Fork Environmental Council : I would like to support both Paul's position and Frank's position. I've been at many hearings with Matt-A- Mar, with the DEC and with the Trustees, and I would like to say also that there has been a great deal of contention between Matt-A-Mar and its neighbors, and although I also agree with your question, Joe, that there is no basic environmental harm with a floating dock and accessing the docks, I also feel in the draft environ- mental impact statement it should have stated why it was so necessary. They just said that some people were pulling up their boats on the wetlands and they destroyed the wetlands, but I didn't see any documentation of that, and if that is the case then there should have been signs there posted -not to bring it up on the wetlands, to put it across to one of the docking areas and I just don't see' that you need 486 feet for 40 dinghies. It just seems absolutely ridiculous to me. Thank you. COUNCILWOMAN COCHRAN : 1 have a question of Frank. I believe one of the things we offered whoever--Van Name that was-the manager at the time--as Board of Trustees I believe one of the things we felt that the project was too extreme and we made the offer that if he would come in and sit down with us, that we Page' 9 Matt-A-Mar DrO L EIS could possibly work out an alternative design. Did this ever happen at that time, Frank? TRUSTEE KUJAWSKI : No, not after that, no. COUNCILWOMAN COCHRAN : Okay. SUPERVISOR MURPHY: Anyone else like to speak in opposition? Frank? MR. FRANK BEAR: I happen to have been at the Matt-A-Mar Marina the day that Paul Stoutenburgh and Frank Kujawski were there and we talked with Dr. Samuels and I saw the bulkhead that had been put in illegally, the damage done to the wet- lands, and heard the promise that this would be the last expansion that would ever be asked for that marina. I questioned that even now after all the expansion that has occurred. between that time and today, there is any reason to believe that there will not be damage to the wetlands and not be some pollution there. I find it difficult to believe that the use of that dock will be limited entirely from now on until the end of time to dinghies. Also the increased use of Mattituck Creek, the increased number of boats that come in there and this will encourage more, has been over the period of years a polluting aspect of the creek and the creek does not have a good movement in the water up there and 1 think it's time that we stopped this before it goes any further. I oppose this very vigorously. SUPERVISOR MURPHY: Thank you. Anyone else like to speak in opposition to this applicant? (No response.) Anyone like to make any comments at all? Any Town Board members like to? MR. CRON : May I? SUPERVISOR MURPHY: Sure . MR. CRON : You know everybody seems to be using the term "expansion", and _ of course that's ones choice, but whether that realistic on the basis of this applica- tion is something else. I think it's as much accomodation for existing usage of:-the marina as anything. Now if you wish to call that an expansion, that's your choice of use of words, but there is a need to fulfill on the basis of the existing usage at that marina and the boating docks accomodates this existing usage. I want to place on the record with respect to Mr. Kujawski, that all that he has discussed here with this Board is not material and relevant to this application-on this wetlands permit. It _ may be of interest to him and it may be of interest to others as to historical data - and material of that nature. Much of which he has indicated to this Board is strictly hearsay and further has nothing to do with this application. And it wouldn't surprise me that the Trustees would act by ac.claimation on the basis of neighbor's complaints. SUPERVISOR MURPHY: Anyone else like to make any comments? (No response. ) Any Town Board members like to comment any further? (No response.) If not, at this time I'll close ,the hearing. Hearing adjourned at 8:35 P.M. udith T. 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MATE i.'SNoRELI.VE;. ,-r:r L:::y;': :�•:'.. `. .0' •7, _>i - c. c :S. 4 I' +� `r y . ,. - .. .. ;., _ _- •.•.>• i. ..'... ... .-a ':<� ':!"',. .GY s .:.t..,'. a e:t., _._- - .a.. .w.../... n: al :y. -f�. r I. j i� s, c :' t �.. ;.: 11:� :`t ti` `Y` _ .:a -;Y. , I Ir P :r'::i', - .3.. .i;�:' r ':: _Li• , %:...-'•"-� ,4::`•i .•y:_:....,4 :!`_-.,:ar _:+;. i.: ,::ir' ., -; I ,. .. = - .r •`.- v 1 .7 r .:t." { rh - a. t+:.'r a;: :,;-- �. - ';: _ J: - ,t1 1 �: ,.. - T _ r: / E PLA N A•N ��•, fit:{:'•�•', .f:•.''•,.'�.rs.', �- 'J 1 S GALE:/' r:,p'' `'1�.. _ $% >:' . . a:... S,•: l::E ..: i. _ .. . .�,'' fir:.:�1.�'\ :Y;v _ -'1:': - .. .4x:-;,�r'�:•i dC%ems: . . GENERAL NOTES •• ' -, '.i+: ' - ?1 _ :�:` _,w, - _ a^}_ _ 1. THE REPUTED OWNER OF THE PROPERTY IS MATT-A-l4INA! ZINC. �:Y*?.' :' •,'''',"`':''' , ••• 2. THE SITE COVERS APPROXIMATELY 8.75 ACRES: ^ 4, '``S';'r--..!. .:r•' _ %-i` ' 3. THE PROPERTY SURVEY WAS PROVIDED BY RODERICK ' �••%•. . . . I . f-:�,- * - ,•I',. i l= ,-tr''- . -- . YL� P.C. . ,.i- ''ir - �. THE TOPOGRAPHIC SURVEY WAS PROVIDED HY STEVEtiKAN'r-P.E.. ,; `,l,-%, -' i;!•- ;-i '�f=,>_•'r'`_'; 5. ALL ELEVATIONS REFER TO AN ASSUY.ED D7 +. �'��' r'�'r•,7+•.j'-':r': � '' ,ATOM. a .':.. -�H - , :`�% ^ c:i�(�s ,y,,:. - W. _ _ - ,e 6. ALL CONSTRUCTION SHALL CONFORM TO THE TOWN O t " •s :.r' • - • .:4:=1:f-: SPECIFICATIONS. "d-: -• .++•_• - ',�1 •':/• , . .'mow.': ,,nr:. 7. FLOATING DOCK DETAILS PROVIDED BY OWNER. . 1' . . . . -... , MA T Tl TUCK CREEKtaw rA y I W. a m - y N rt C y ��(, i Y'. ''[ _ ,,...�,r,l.rs7 ni• -5'rS:Q,,, ;�',.J r 1 �Vr',5. .,^ 's'•I' '1 ... I:a:: t 1, jam'•'' A- ,tY.. it • - f. is 'b= 0 ai -L E• IA - } W h � r - gab � D y � •�i'o ram' J• yWW. , .a s• Cy y N ( s :.I Z •r�'tiA �i ln'• ..S% m - :i• 0 v 0 { r.t'' l ti• Y o A _ �I F s F 09 • . o it'•- L ra 1 V ? `•i:2'Y:;t _ }yi:. •�f•'ir•• ,L '•� �l :t f o . , t,' � t .i A:A.:hE: •i`( ,:,.:•",��'r., W•_ �};- .... ,-r; it's - '� ' Ir 47 AiL -R�y tea• 7 r, � v , � �'(, .f. 4,i� ;� t• l.� ! J :l •C] G k.' .4. 2'�•' - `'?.; is +5r, ,,. ,... .�•r�, ...•rY y+saci•� •r.�r..;: •.L'..W.1�1.11r.{'••C::.o.tt+,}to}•,xcr, �_'i3.i•.'. ..1� ,_'.er�..�fi�n \n\ ... .- .... w ':) ...:,4.:a.'a..:�w,e..vi'Ai•a. �3:;.,.�.(•ti�:.ai'1}�:r.?���i:L4is:•�+61►tSGYi.�ia.�i�tY�' �.— .. o4V= 4' _ n ;r• •O =0 •'tom. ti�' •J� +l y J 2' /S •i • Z' 4 •r. w. is 'ti•• yr, : `', ' •t. r•' T.(' t!a V .a ,:.' :':':.. •} ;:'ti �., _ -:Y.` ;•,ir �,J.�- "'F`'a:.., .. `tom rti'.: cP '+' .:xi. .,7r �.> ..�`!•i ..i5r :'11 i.;,. ';y. :.S•Ci:�. :4C'Lli:•r,�':.• O! ,'j�,.ia ?F ...�� �.:� •f`� / ' A. .9 a N a w N N =r: :'�, f, ,.,r,:::�';, i_ �� '1,:;y:C.` ;Q.i•,.',''' o 'j.:+..,4:'%K'- :.'•' ii �•�. .?• .Y fit?: 4'�� �'�, \e,•t�',, � + �`� [ ' .+(.j:• , Y•r .T".� .tea _ O M Sr e..,.,?�....f,•e•'•w O•Ly'i!S�rw ::: .4 •:1 :a'i,-.�. R� -�•r'.+' � •�'" :�•... y N) y ISL "10 MATT-A-.YI^1.R i pvE f�lAR//Vi-?, /;VC. . '• - .:. _ :,. - :,.R N __-j _- - w C NAM. A .. ✓• - r " off. ,f .1.f.ate' A T-t•.Y� - t T .\,' i1• l. ��[-`.. Wit':.Ae: '^A G .3: 4•J ' .i-Y._-.rS.Z. •'✓� `'J:•�p:i - tia� II Cl '•:'\"•' '-'C-.'I,z - •l,:. _ _ ten" .J i.l'd'-�t.??�:7t /S ). r• VL r v' AIN.•.•I s. - _ r� ..r lkr �:�• r'i''' •`'rt �` _.tt -U , 't y, i •`S� _ -ey.. _ _ a.A.. r-+��'7. :..G-'. 't:� _•''fig'`::.:+"r�`-. - _ ••�:-::-. �.:_4 t.,':i' '?Tsr'�•'-�.r tf�` _ ?t�.:cr'_.tc�;•=1. - -•,a,�i.+';+!. _ :�'.._ - •�A fir.. — ,.�i_ -f'� � :i.!'/' .Y:•_%r x.-. ;!�y:� - sv - •:L; `i>vr .."!;ti.` .�tc7,.,..{�'a .BtON/C�' .:.aAY i' J -R- -A r- - rM C-- r 2 CH ..rT Cr I f A - yn"-�-. :M SCALE:.• /00 Win• .:r. •.�;•-�, - Y'. .Yy' l't,"JY_.-J.tii w:)`.'•'•Pr' -,u _.M_ '}'�:Y.-..::.' - :t.::,..1♦ _•r •� ::i:K:. S` - :z:W' _+.5.;d.:ra" :.�^ ::r- .rv.: 'l: -/.r•::�': i4•;:.i�, A �. -,.i5:•l _ _ , ltr- - - :4'L,i'r, •:o�:vi�^- � '?t•� •y?,: :'�,�•;.�• .a:,r :.4r_':a: e,. Tn•' tiv' - ^'J: _:7- ,'� c. - -';4�s,r'f;,. .✓A:e iE6' -C'�:•, - ,,o-. :r'alr ti-':: '�i.:��;��.. �7`r�;. Z. S k O 9 - PL AN - -' ` •^r`:. SEE NOTE 9 1 4'C-4f. 1•; 1 I - I L3>C I I S f "+_ :r,:•''sy.: - - - ^,,, .a..: .4_5. �•�' NOTE:-!Ja' N _ s '�z'• ', :... .h:. BHC T/DNS aV/LL - 2 /NT - ERNA >t/G- 3 2 •J z7•,". r 4'- -: S 6 ER S P A i•S. S CC `�'"'f-'" +s =r�- '•','•' ;;'.? a_- _ _ �, 6'Y6NG y SEE PL.v __ ,t ,.Y..n•s=: a_ } ...v.. °_ F:-,k;:•:.'�;' _ .'4• FOR LOC , -,,: - "', �'�•s-; 2,!(o DECK/JJG: _ _ w e%M r:'�11._^' �,�.r:�J`n-':":C-�' ':t•''• 1'f�5•' _.�,_.`.�i1._,;y_ ,yam-�j: _ s9i.:�a t•:J i 4.' - yysa :u"• 'r .'3'�C./2: •'i�'F:..: .3 rC"/2' �;;. -. -r' ,a• 7 %1.a -<�:: .'?• �T.3tr'«;:-<rs•,r�:J-s.r•_ ..p;.:� ._,-�rT�'S:.:;:.:�<;;;'--: _ - 3>r/2. SEE NOTE a+-i: r.•• �,�'_jf•YA r_., .;t..5ita`?':a.- �,y •��r--%::• ._t``.'.1. '•°�i. y„+'� - G f a► 4y'}'•.�l i4' •ft ��:t:ix. 1 Y t o 1c, _-.i ..,. ;f.,:yr.�: Z•K 6 .. y4,i,�c $'TYROFOA t t ` 5-•'Y•��7�ij3��'Iy1�r C:�i,�'�.r Yj.S•' r^,yra'>'4�` }iij�k Y ':t'`'.dye•+-`-t'��,':`�;3.5•:::F..[ti:� *ru e�YL'}�Y^ ry Y4 ~'fy.Ja'�tX T`, '7:•Luth`I�':.��•'~-�iG `H'4..' vW�. a fi- 'r�• 4•L�'�,r c �.J _a� ':T;�•.Si; 't... =:, `,rk ' '•:=�.; `'�',� _; ' END VIEW ,.-tii ;% ;° y1�= '-;k '• SECTIO L { �t; ./vt(:�..;5'tt £ ! ':� t;•p� ..:.:.,:.:.ra` �a.1TtJyy;�kf ti �'� N'A-Q ` .�'- ��:'n... �, t,..fjj_ GrYr r ,, '` �`• ' ''-j `�i ".tGw•1 �'a"ti•E:' ..".''?c�.�,''y,s=�rt'.:Le,-V��Y,.• •o .r., a .YT/..,:•- S r/aj �- -e. L 1 � -f�`•r.;.H!'� d. _�L:'�.• J. G:•-.::ei' a � _'��'. _.7 ' _ E '�i'K5.,�t. 'i ?l`igyr.""~� ',r;i"rj=yy •!k :''' T 0A:TING' DOCK DETA%L_:�.�"`� , t .., r:ice._:• ,�_ y5.�. r'�''s •:� .ra• ui '�+:•=-%`SCALE:.�y^./=0"` 4 t_ �!'•"r?,.at"';:i' � - )-, - -yl.�Jt•�1 .�:.-i(kn�. =i`!'•I!;�Y..,::}S`Y#, `��'•5'��3� ��t...:i- _ _ ..5t_lrt'-'.L ,'''7.y -"�+:• . - •t,: �X�.`}...° _ _ :.e :}::r ;qc •;�.'. 'ice �'.i�_'J'•� +:i'a'�+. ,.ty�.,�_.:._,t"`i 1 f�.•a^`-t?� %tii..�-'� •� .•1;j+-'?�'fic� "?.c iV cl�•:r.:. •�''�2;,.•..,',a' .--<ec.� -'>::.iu•r.- `�" t-=.7• - . ..f ice• ''!d' �•• .=ir;��'i�Y;:i�►J'•`I. ': .--'.. •,... - i.„ill..`..•?t, ..._.'�-SGrw,+�}%+�a�"(i::!_i::�'�iJ.' .s`•>;`rii+�._ 'r 5'•-•r•�.��:. x - 5:--' •> _ � �7 ;�st•':'.f.Trt .iwrF';a::•i.., :t.:i. y •[':'Srj`'!(�:•i. lt::J!-ram. ,;,_ -i;'+`.Y,u.-�",:::!r. ;A-MA _ MATT ARI ,:A� - ..r , �,<z" v 4;?:=� •'. !:: '�_lH�"'�t�;r�4:.� � NAB INC. �• -K�' � it 'rh,`•T :R- " •4�':�C.�• _ i '� '•'-'���,- ,�.`w.;++:P-... ' ' ,k4; :,► :.�;'" a:. r. -' MAT / ; y_ >� T TUCK' y r..t_.'SUFF r�•�:.r. .;:•;.�_: _ .�r °f►tom r - .' OLK'COUNTY,' ., :"' NEW YO yt !Z�Y.''. 44.y •E5'r_' �.ar«. `a SE.0 - `"`. ' 'r= - ' ;� � `'; • Nt, ti; I� Steven J. Nyman, P. 31 CARDINAL LAh: I to _ _attooa,,,;r _. y � :k G- J.r - :-�N Mail-Am anarina PO.Box 1235-Mattituck N.Y. 11952 - 516 298-4739 r , August 9, 1986 i Town of Southold Board of Trustees Main Road Southold, New York 11971 Dear Board Members : Enclosed you will find our proposal of reconstrction of docks for the safety of dinghys . Please note area "A" is for dinghys who come and need gas , area "B" is for our summer contract customers who own dinghys , and area "C" is for dinghys whose boaters need to come ashore from the Federal Anchorage. If you have any questions or I may be of any assistance, please call me any time . I will be glad to come and explain. Thank yo , Dr. Ali Aga bi, e dent AA:lm 4�� Vt hMAT • %,,vS ',�r.,. 'tee . rn S..09I k C. 04ttr...� i Mar 23 Sta�e�i�oe.� + Scale PROPOSED I>o ' D EXISTING "T"O.ck ". V + EXIST/NG F,roGER PEERS Z (Trp'`��� PGZDPOSFD D9-t4m MLW 700 Ad'acrmf Prof VA J z o rag Pos Ero , �i s .,.\� PRO Pozza Dotts �- -It Hit T i'TUck Su foe#ct 40.4 iY. oh `� SW E e r 1. ..' 1. -I i :I .a ��•» �R2D oP �(ZuSiGEs , i f2,6,JIs-a wtAP w�S �EQuES'f'Ei� (3Y 141 Iowa '3cAR7 �rnC 'firnG U�-ST F'1'1o�'fi-� �'( IS 3Ei�� Su3w�i i rED AS r''C2 �u�GcSi or.SS mF SEEP-AL � o f A2t7 c.c 2- mr VY1 pT UbOIL. FiDZLL34Q) 'rO �UO(ZkI OG w I t 4 T2L)S('EES AFL a, IMEEilkSG YOLL 'DUQ106 f4i5 SRkSUARY 22. FIELD P. 11"e -^I� I.{oPj5 '(0 �►Sc.uSS w�i t-1 �{o� (Dog rJEE OS Rot) w I LL TEE ©P6Q 10 40 SUGGE ST�C+SS r I-��T wo��o �s✓�� uS SCcu 2C- N rrC.Es �2� PE��-t 1 fS You W :;�.t`191C/-'74.'.`Ii.�i.t...._.�L."a''_...�.1ii'.w ..r•N..Y�'+.:�L,b+:[.1..:.:3i.2%':Ir�r.�:'�'.Iii:4K�.:.��.��. ..0.1'..•r. :Y::_ ._. _ �Ir.:<�•�� �. ... �..•A.�'. ...._\.r:.... .�'.�.t � 1 :�1 . . " . . . - ' . -.j '. '. '`{` `d . ,... _ J(f .. ....­ . '.�.� ... .1". .,--.,;....�Z;,i � �'.,��._i3l",­ _­ - : I I, . .. `, - � �4 ,,.- .1I. r , r. : ��„ . , �; Y r,;_ ;y4 ` p/., , \ J� $DUrvD,A2Y L' l�X/MATE On/tY r '..` .-�14 R�;`5el j ALL 6LEVA`! :YRB/r,QARY OATG:+l1. .s,l; t. 0I. k rr e 4 �F �+ F .. / I• /VOOOE� 'e "1 Ji!_sA� .. F ., / .-c c - _ I� `% 11; \\\ AREA �o YLnt.�; , f ? Po EA. f �r J } �;i y.-.. cam' - eFL i�'� 5.4• t' ' ,,i-_. _ !"'i •`✓ ,.. S9. 'Yv ,1'0 ... _ RF Y.. fi .F.- �' T ,e f Y-,•.: !. 1. .!J4._v. ,, c r.. . `� /.! +.:,!,Y r. 'q iJ' y :'�. stc5o . nI�ERS tc K ,O r ... .. - 3, = SNv s- WDO.OEO, `'o• - R A "`'. �` :, '•�d„ ram, ', . 1 . / O's• SNP O'r - W ' �. y, ra 5 - . . . . . ff_i� . �l _­_.� . .. .� ti' �!r r + ✓EL . 02� O -- _ :r: .;.. �-_. s � z . a —� Imo: .,vM f 11 -3 �i..r.; <.S ge.0 a Y-=e4 -- ff Ems, ^RSED STLZ4AGE I BLOG.t" "' •l :r : a Yc P .. . _ .F 1Q oN•L .::,, f,RA✓EL FAO ^'; ,:! DNJ y 1. II v.r J v �L 1 BOO/ /LJ - /. `f -oxr•� t ttctlr - ��; ITYP/CAL; 11 .�oce FF EL. 13.0 ." - �I '�,a,yi, .;t, .r' ,: - _GP AA✓ELl-Cr1. .r. l �Z. Iy �t I y �m } o CTG"7'TOLE B - - T: - ,v1o.aE0 v F .�f j RA✓fL ;t. n ? •r..~ '4oPO SEo a N Cw �G ,. yr:: }' ° ".f.f. :.;s a�5sKL I�`ivrT��.{may J} - - �wi �i ` t„ 7 J r i' t 1 ri ; •", �`"y, :c 1 > 1t t��{ h .r a :�/ - .1 4`{Y L'.i,' .,;l� 7,I C 2 t F y 1 �1 r-'.i''G.. a > j Y Y,t.. r T :�•::` - f ' , Z x S S K� ti , �. 'Qq.S3B 4T ARk/NGJ AP A kb�";f} y -' .2,..>r^f p, s <ti , i>- - , :' 25x-,sR t) r S.•:: -m •co- -.+ it zb : -`. //�� >.,v fOW!-JI Jfj,14/�-\\%INESG-"''B//L��A//C��K//.�'P/N�•s ,• / SS ;~ ' > O ©�f✓ 00.�QSJ��©CJ i✓' CJ •Q OO ��rlStiiN/ 3- I. ,:__, c �s✓>-. f 4- ... + . I.,.."$ -.-dULarHEAO y r �' Y i C j.:`' •J'. _jA`. -i "h ,, - --��c �'•.s=.:`c . tip �( 2'�'. j Y.j.j 1 L _ 4 i � f �Z 1 ir. ,Cs\_.. I .T ` I..�' t 'L1�'[ t- t'r5�r�. �T S I..'t.- .. �'. ,.1 J .: ,Y r- -• ,!r,: •R i c„ ?. " r� ,ti 4 APPKOX/Jy/ATE Ss�aREu.'vE't r r' * c•••i>i, ••�' F t r, rt. f� yr J -t �„ :t vl Y 1 y {.'� 't -..!<- - 1 ^r.6�.i.i��' 3-?:."- `f -_4.. :�• �+�.cP�i�T µ1' :;� k��;,,r y c :J .'..y _ :,-�'`✓,..,..t: T -.T.. I b:•y�.:f ^..y �i.. ._�I- l,. 'L •ate .1 _ 1... * v> - ��..:.7� - �.Q ••'- _15 Vai ..ip+/ v, :Kr:• r r Y`.- - y ,•:•• ♦ -'�':•� .r::-c .i::.'.ih'�• _ i,:"ti', '<Y�i• -- c-i'.t`t`u 3:7;,c :, r�r r;:. rt. .1:-`{:' ,.f :V` ;:y: N�� v.4 t. - ./ 7* �, `Y A T ? .a.-=�� x. _ T'.,.,:.: iV�• I :,< .Y],-:ti I /TE PLAN ..-.,..a4. _ �:,� GENERAL NOTES ` ! yr�tia .,-.-i e. ..c y .� �> .. M :•:�• . . 1 `I f S t •4 1 -, 1. THE REPUTED OWNER OF THE PROPERTY ZS MATT A-kINAQ _INC ~ 'bT1. °wig ' 1 Z--I- , ti 2. THE SITE COVERS APPROXIMATELY 8.75 ACRES -�`r..I I "sL �' ,,ram . ,4 'Y` SY Y•� '' , . . . �•' �� r':try - ✓: - a>:r �c �2- . ,X.;,::-,,.,7.. - .- .-.fir.: <': y;.,-+ > .1 -• �, 3. THE PROPERTY SURVEY WAS PROVIDED HY RODERICK JYL; P.C.":- . r; I: 1. 4. THE TOPOGRAPHIC SURVEY WAS PROVIDED BY STEVEN}!!►r1'�'p.E.. ---3 ._;.:`• " :,-'^.- : 3%>:^'";'." 5. ALL ELEVATIONS REFER TO AN ASSUMED DATUM. �, 1..i_,* . r.."-.': �_:., e ; «q sf"` 6. ALL CONSTRUCTION SHALL CONFORM TO THE TOWN OF}pl,p_^'"^'it;'':1?: .. '•. ' `'' I' ""' SPECIFICATIONS. ` . - - �f -1;. rti.. °:, . - _ 7. FLOATING DOCK DETAILS PROVIDED BY OWNER. 1 �; ( _ MATT/TUCK' .,. CREEK y • • y vw,t 99 a C ' [r t Z.,r/r l "r"J b $ '�• d `r M. w 8` .P n ,S ' 14 . � 1 i ,t t )1 T y - r L g o �1 •. 4 1 '' .. E r /C 1n r ,,p• h A m ° 'T !4 -0x S, Bfi 9 <l' @ R•. Q + a1v �:L�r.�.5��` Z vy � ..5 wOE ♦'l.� r tt4 s Vf U;t 6• Sy, , .. t ! r - s� cy /� ... t do ' A r � r.Ji,."•,e Q,.P 4 Y ( + : _ _..' r ,� r 7 ;i.rA<;i !, j c, �-1x.,,r'�'�'``,., �s �' s .... ,(/J/2 - ���•� , _Y f��.u�,•, r, rj C .. 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')'' SECT/ON A-,4 i?2;,tpr.i.-s„is,- 3,1_ltT. ..'l4)a i,'!-4;.z lr:ti ;,w..�1_.y�'.,ii�.4T M1 '•'t� s•� '.pli .F.:-�•, r..•rYJ'�,y', ' �r:..'.4-. 4,.,,- •,ia - ta , .1 fr1!-.�.• �.S . Y. j\..T•{N.�r.-`4 ye, L ,t, 1�L-. 1� til.�•'S.�.`.'. 'TJ.�= '!:-r -��r'+t o i , r i�'; r r i ., _ .. 5;zg$,,.. '$.}- �r,,�,Y " 1 . �;'_Z Vie( �;w FZOA:T%NG DOCK DE'TA%L r' �z. *�' r ip-- d,K iw�� $'� �-,;.:. y 'yr; Rt :,':,SGALEr.I s.i .^',::raYw l L.r;��n '- �, ..,,rJ�' •`: -_:%i ' ,: r P. e«ei `,tin ..�`rr:r .} .f .+r'`��•n:" �»':''s�'e�.7,',�y�.v, iw "•.:_': ;,,r c'+.,,,, ,L TIt 4��.3:;Z,'.`c' - _ ,.',.jyift 7'al %:Y_ .rS'•�:�,>_—:.*,, ' '�`xa._=v,,r..:,_� _ '?:_,' _, 7.,':c.�y :>. . ^"(�i�{:i ' .' .:A.:'rY`A''j:6 ..Y::f'%': a:. i. .r.:. .r ,, t�� :G "-�.�'7�., +.y.f'2;j} r.Y 3'.:.r. y�r•.:�j � `.'.. •Y�,:,.I.YI t.. _ - '.... '. .1. _. 4. „���` Mgr � i ;-':� -i4: MATT-:4=N1AR MAR/NA INC.. {n h.-�,. •.1-;. r ?L `3• i -, n S'J','Pa, Z 'r^� -•:r -'• xr�-..' _ { _ ��ks: `. ^+ '. �,rw,�_.`'„ *;'.: oFN ;R� �',. .MATT/TUCK; ' " '. .SUFFOLK'COUNTY° ;;�. .. = _ EII y _ NEW YO.. $.: :,cY:-a. ., :irT: y - _ _ •r _ _ ,� y� Steven.1. Hyman, P.E. 91 CARDINAL LAh: H a 'L r.- .. - HAIJPPAUGF AV . ,.�--- - Q�,ti�'11r� � ` ate`y • , rr C qiuf)q gk k �' / �� r► f • i, a� Le�f � . LOc01 MATTrtutk Sy 4.11C Co. •Lttrol" U Mwr 23 SLO14I4ajaw Scale /'_loo' - PRoPosQO o So� �•� ia� aIA � •. P ;. EXISTING "T'Dock �%or a :A. V + EXISTING FinGER PIERS Y,. n "y`'' * V C.ThRl1-C,-► Uf PROPOSED D9t4rn MI.MI .. . 90' Ad-accent prep w� A.a4Ker J o rRoPOsEolu ., •,.r ��j PRo Powea Docts °°r ��•s�, fop M/1rr-/9-/`IAR MARIdA ! Of hit T rr ru c k, rtJ P OC#ct G, /Y...., a oh ^fArrrTvtk- C,("X' SN E,e r �n�noto a%c/ rAi, A—MaiM'- arina 4aft ", / 3.Box 1235-Mattituck,N.Y. 11952 4739 i ~ !6 298- ti f`; '1 August 9 , 1986 Town of Southold Board of Trustees Main Road Southold, New York 11971 Dear Board Members : of re ea of Enclosed you will find our proposal please note area "A" docks for the - safety of dinghys . area "B" is for is for dinghys who come and need gasp and area our summer contractwcuomerswsoneed aonc � come ashore from non is for dinghys se boaterthe Federal Anchorage. assistance, questions or I may be of any If you have any q lad to come and please call me any time . I will be g explain. Thank yo Dr. Ali Aga bi, e' dent AA:lm �.zo 6(9;861—Zb c f r )RK STATE DEPARTMENT OF ENVIRONMENTAL CON(( .TION DIOPERMIT NUMBER \ ® EFFECTIVE DATE 10-87-2253`: 'Raw 5/5/88 FACILITYIPROCRAM NUMBER(s) PERMIT EXPIRATION DATE(s) Under the Environmental Conservation Law N/A 12/31/89 Article 15, Title 3; 6NYCRR 327, 6NYCRR 608: Article 25: 328, 329: Aquatic Pesticides Water Quality Certification Tidal Wetlands L `v Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 7; 6NYCRR 360: Protection of Water SPDES Solid Waste Management' Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373: Water Supply Air Pollution Control' Hazardous Waste Management aArticle 15, Title 15: Article 23, Title 27: Article 34: Water Transport Mined Land Reclamation Coastal Erosion Management Article 15, Title 15: Article 24: Article 36: Long Island Wells Freshwater Wetlands Floodplain Management Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37; Wild, Scenic and Recreational C—Construct ('only), O—Operate ('only) 6NYCRR 380: Radiation Control f Rivers 1'kRMIT ISSUED TO Matt-A-Mar Marina ADDRESS OF PERMITTEE P.O. Box 1235, Mattituck, NY 11952 ACFNT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER Donald P. Cocks, Manager NAME AND ADDRESS OF PROJECT/FACILITY(II different from Permittee) UTM COORDINATES I OCATION OF PROJECT/FACILITY COUNTY TOWN/CITYNILLACE Mattituck Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Install 6'x37' and a 105'x8' "T" extension to an existing dock in accordance with the NYSDEC approved plan enclosed. GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto. 1 The permtttee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. 2 The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public tnierrst so requires pursuant to ECI.§71-0301 and SAPA§401(3). I ThntMvmittee leas accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip- tion resulting from the said project. 4 The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or c) newly discovered information or significant physical changes are discovered since the permit was issued. S The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date. 6 This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 7 The permitter is responsible for obtaining any other permits, approvals, lands,easements and rights-of•way which may be required for this project. R Issuancr of this permit f,y the Department does not.unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions,or requirements contained in such order or determination. 9 Any modrtication of this permit grante by the Dep tment must a in whtinR and attached hereto. PFRMIT ISSUANCE DATE PCRMIT ADAIINISTftATOR ADDRESS 10-87-2253 Alfred T. Kellar Bldg. 40 SUNY Rm. 219 Stony Brook, NY 11714 AUTHORIZED SIGNATURE '�, /� Page 1 of 3 CC: BM11P 95.20-6a(11861-25c ADD ITIONACGENERAL CONDITIONS FrnRTICLES 15 (Title 5), 24, 25. 34, 36 and 6 NYCRR Part 608 10. That if future operations by the State of New York require an al- other environmentally deleterlOLIS materials associated with ,the teration in the position of the structure or work herein authorized,or project. if, in the opinion of the Department of Environmental Conservation 14. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to a waterway. remove or alter the structural work, obstructions, or hazards caused 15. There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or herein authorized. revocation of this permit, the structure, fill, excavation, or other 16. If upon the expiration or revocation of this permit, the project hereby modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense pleted. the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmenta to the State, and to such extent and in such time and manner as the l Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site . to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against the State of New York on account of any such removal or alteration. New York on account of any such removal or alteration. 11: That the State of New York shall in no case be liable for any damage 17. If granted under Article this permit does not signify in any way that the project will be free from flooding. or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608, the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 12. Gra6ng of this permit does not relieve the applicant of the responsi- (PL 95-217)provided that all of the conditions listed herein are met. bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers, U.S.Coast Guard,New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. of the permit application. 13. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by -- -- - solvents,lubricants,epoxy coatings,paints,concrete,leachate or any on SPECIAL CONDITIONS 1. The installation is to be temporary until such time that dredging.can be accomplished by this marina. 2. The four finger floats (inner) are to be removed prior to the installation of tlue now outer pier, in accordance with the Town of Southold Board of Trustees letter dated January 26, 1988 but call be replaced upon removal of outer "T" dock following dredging Mentioned above. - 3. The fuel pumps are to remain On the fuel dock. 4. Should the applicant wish to pursue dredging in the future, further DEC approval is required. NJM-: DEC or the Town of Southold may wish*to conduct a clam relay project prior to giving approval to dredge. 5. The permittee is required to install a stationary pump out facility as per the following attached and Sample Language. 6. Permittee is to develop a master plan within one year of permit issuance to be submitted to the Bureau of Marine Habitat Protection for review. 7. Stationary pumpout facilities trust be provided at this marina, landward of the existing bulkhead at a location w)iere boats may tie upu to the bulkhead or where they may be reached by a roll— out hose to be pumped out. 8. Plans showing the proposed location of the stationary puspout facilities, as well as tile holding tank location, must be submitted to an approved by NYSDEC prior to cosTlIencement of work. Details as to type and capacities of these structures are to be listed on these plans. 9. Signs, a minimum of 2'x3' are to be posted at this tsarina with language in accordance with the attached "Sample Language for Puntpout Signage in Marinas" at gas dock and outer most docks/fuels. 10• A yearly log of usage and servicing of the puspout facilities and holding tank is to be ' t,-tsi O the NYSDEC Region 1 Bureau of Marine Habitat Protection each year by end DEC PERMIT NUMBER of each year. 10-87-2253 SP m mDLTIcM (A) 'I nw (J) Krmum. PROGR�MlF�CILITY NUMBER Page 2 of 3 11jocbs Ul 1110064 9I)II)m1t) 6)Pj Q'I Ij 10 11 U S:_4 M 0 \✓. 1AID (toulij '.),vO—) q) i)w0l J:J'i)j loll.1 1%.Iti 1,4 A1jjj;jT tj 1-4 a Ij t I t k A w\~ (t "rp lit r 14 LI tj Jv_ V, )a Nu C, ON At 10 1` 'J1. ae."I IA rat Ip.t. If, Vip .3 lcr- aiVt11S� 3 1v nl (VIV -IN IL Public Notice US Army Corps o/ Englneem In replying refer to: New York Dletrlct Public Notice No. 13297-87-1579-L2 26 Federal Plaza New York,N.Y. 10278 Published:18 MAR 88 Expires:18 APR 88 ArrN.REGULATORY BRANCH To Whom It May Concern: This District has received an application for a Department of the Army permit pursuant to /-V Section 10 of the River .and Harbor Act of 1899 (33 U.S.C. 403); /7 Section 404 of the Clean Water Act (33 U.S.C. 1344). i APPLICANT: Matt-A-Mar-Marina P.O. Box 1235 Mattituck, New York 11952 { ACTIVITY: Pier extension WATERWAY: Mattituck Creek LOCATION. Mattituck, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against is reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values , fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in writing to the district engineer, before this public notice expires, that a public hearing be hald 'to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. NA.17Y FL-129 May 83 Regulatory Branch Public Notice No. 13297-87-1579-L2 Pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, i U.S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with : Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this psblic notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant 's certification and accompanying information is available from, and any comments on, should be addressed to the New York State Department of State, Division of Local Government and Community Services , Coastal Management Program, 162 Washington Avenue, Albany, New York 122-31 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence,- the applicant has obtained or requested the following governmental, authorizations for the activity under .consideration: A Tidal Wetlands Permit from New York State Department of Environmental Conservation A Wetlands Permit from Southold Town Trustees It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who -did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at t 'ephone .(212) 264-3912 and ask for Mr. Steven R. Mars. 2 Incls: Marion L. Caldwell , Jr. 1. .Description of Work Colonel, Corps of Engineers 2. Drawing(s) District Engineer 2 NAN FL-129-2 lday 83 t CENANOP-RE APPLICATION NO. 87-1579-L2 PUBLIC NOTICE NO. 13297-87-1579-L2 DESCRIPTION OF WORK The applicant, Matt-A-Mar Marina, has requested Department of Army authorization to expand an existing pier assembly in Mattituck Creek, Mattituck, Suffolk County, New York. The proposal involves the installation of a"T" shaped float, measuring 45 feet by 6 feet and 105 feet by 8 feet, at the seaward end of an existing pier assembly. The proposed structure would measure a maximum of 124 feet offshore of mean high water. The proposal .vill increase the total marina capacity from 90 recreational ves-els to 94. s • * � BAKER J �' �lieP�ALTERNIFLORA SPARTINA u ----.. EXISTING DOCKS e M HW/MLW ()o � MATT-A-MAR MARINA I 1.1ATTI'fUCK L. I . N . Y . a°�x�+EAo ►+t��Hr TOWN OF SOUTHOLD Jye g'a \ _ °`Z G R y r ` 4 vo•_. NOTES : SCALE 1 INCH %100'FOOT j �... • a vJKFc��E : COMMERCIAL USE- PIF.Q ExTe;u�ipN 1 - DATUM M. L.W. PROPOSED' TEG DOCK EXTENSION 6 FEET WIDE BY 37 FEET LONG GOING FRO14 EAST TO WEST ATTACHED TO A 2 SECTION DOCK 105 FEET LONG RUNNING g\\ a NORTH TO SOUTII- SECURED BY 4 12B CCA YELLOW PINE SPILES 40 FEET LONG eG\ O t SPARTINA ALTERNIFLORA T\ v; NNU.1 ft� Act i �cl t mnfi n ilil1R SurFOLIc r0 Ill.m Rr..� mno 23 Scnl.E 1'•z«•l' MATT—A—Mk: 'SARINk ATo MkmTITUCK L. I . N .Y. ------------ vii I HMVr -t' i..f[IR CC.AT flMt tl rt.AT II ; !Y� 31' •�• ..� SNoay •... ...�.,� ; f t•,.S 6.Tr.n vr fI •\\� I E%ISTI J6 BuLIcNEpO L W � 12' � CC o►G vw� 2_ ear ..�.�[ er .•..uc..r• CROSS SECTION THRU EXISTING DOCK fND PROPOSED EXTENSION SCkLE ;4r)INCH = 10 FEET DCj'rQM M MLW 1 /27/88 I j1 pJEP�s� � Uj�•-(1-(�.Q,C.iAC_ 11�� -- 2 0� Z . • c •'-- , /, ;;-,;." '_ ; • �,•� .emu. � � �� •;�,.., , ,- It _ _, ' / ••,,• -, ,- " .•,/ - —�\\�` . MYyale lref eI•M/i••Tf «lr. ..I...- �� //,r• / sees•• • � ',, �� ',.'• •••\I . 1 //•/ `•wale ` • M/0// Lu , 1 ':I ' •,� /.v LAND AKEA .. • , J. / ' /• , ,O"' scale , ...• A i / . // �/ �� ,�/i` // / / OO•'; ,,`dl '0..�-%=fir— Li f . • • // / /,• �•. r C�rO O^.O 0^,r 1 1 • '/"• ^ � `` '?�•`a • e©r-a�� ..r r....nr Ac Q / . . • gyp" . 0 '. -,- ' ' • 1 . O :'1. ——=— - ...` ..� GOAT r I•I ., UIL 10 ':`•; -v, _: :; Q':�• ' r , O POOL c .' „• I .�� III i TYPICAL LEACNIN ,•,. 'per i `IjJ' ,� .r• MAP FOR r • _ ..... «JJ MA A MAR `� ••... r.••. �•.: - `_• _. ........-^..._ } �: J Poor APtA to o00 a Goo . Ifa., G t TT - MARR ' �� � � ` •,i l ., .. -,i• :: f '••.;, •/.� -•j--:r-....- .... _ •IT fo noon . ouT .r . ufa ow. AT '� a so rr TOWN MATTITUCK U rAonofG sir, OF SOUTHOLD _ to a• G o., SUFFOL K COUNTY N.Y. • t ,' - , \ V•• - .. \ •_ 3 GUILOINO 20NC Y-2 IOOo ..• OaID , ►� 4 �h� t.AI� 9` \ — r-- M A-T T I T U C K ' t �,;,rk \„ `' •c a�c2 r . �o• . r CREE. K ;: 1 :.yGt r / N.Y. S. LOC. NO. 49618 , "t-�' "'� '�`or• •I ECONIC SURVEYORS P. C. '�%• r _ (516) 765 5020 P.O. SOX 909 MAIN ROAD •.Y.._ -`s^�•r: _ \ / / SOUTHOLD,N.Y.-11971 TOWN OF SOUTHOLD PROPERTY R! ,i ..���r,- I VILLAGE OWNER STREET REE i ,n, .L)t E FORMER OWNER a 1 N��.r i h� So�� L`h W FARM OOMM. CB. MILS. REs. �� SEAS. VL. LAND IMP. TOTAL DATE REMARKS Z 30 o cso0 0 u2�17 • 1 61117f 5,/, �/T •S OO J GGf I` SUS �r pig'.. ' 'A - _ 77 .i y, FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD I I - CO (a0 , v 3\ LO. Tor L 9 - r7 2 - S TOwN OF SOUTHOLD (/ SEE SEC. NO. 139 � /)r SEE SEG NO S.OA(c) 9L t� TOWN OF SOUTHOLD A Ill j - r54e1 1 ��I R . �V �r Southold Town Board of Appeals �• �� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS r( GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. 0 SERGE DOYEN, JR. JOSEPH H. SAWICKI lk BLDG.DEFT. JAMES DINIZIO, JR. TOWN OF SO&OLD TO: Southold Town Building Department Attention: Mr. Victor Lessard, Prin. Building Insp. FROM: Southold Town Board of Appeals DATE: April 14, 1989 SUBJECT: Building Permit No. 17508Z As you are aware, this Board, upon receipt of an updated, "as built" survey prepared by Peconic Surveyors, last Friday urged the Town Attorney's Office to commence action through your office to immediately take steps to Stop Work under the above-reference building permit concerning the Matt-A-Mar Marina in Mattituck. In the interim, a question arose either by you or the attorney for the property owner as to whether or not the Z.B.A. has jurisdiction within 75 feet of the bulkhead, since the structure was considered at one time by the Town Trustees as a retaining wall. By unanimous vote of the Board of Appeals held last evening, it was RESOLVED, that the retaining structure near the southerly property line in the vicinity of the subject building known and referred to as a "wood bulkhead" and "wood bulkhead retaining wall" as shown on the March 21, 1989 survey prepared by Peconic Surveyors, is hereby confirmed to meet the definition under the zoning code of a bulkhead for the purposes of interpretating Article XXIII, Section 100-239d, and BE IT FURTHER RESOLVED, to immediately urge your Department to commence action to Stop Work under the above permit, based upon the information received in the survey for the insufficient distance from the bulkhead under Article IX, Section 100-119.2 of the old zoning code ( in effect at the time this building permit was issued) , and under Article XXIII, Section 100-239d. Copies of this letter are being furnished to the Town Attorney and Members of the Southold Town Board -since this is an enforcement matter. !4� �n' i ..._-._.—....._-_...i-__..�...i,..i.....,r..w�...Y.•,nM..uL!'_..Lw I•,ayaiYpitiy.y, ...__-�— __. . E _ -- .ou.ou• Lu. •rrronr.r■ orLr. � I-'-•`• • — / ' /•/I'r� oo.. \ \ •(�` LAND OF• BAKER Ld Ld • / 6 .• \���jjj / �' d" pnr. 1 1 m �i_■ �\ I - aar:nD� "�.0.11 r, • r.-.�,::.� I i .gym 9 ' ,i, IS •• vt�^----- '..a:D wf a �N�G7 (. IS l..... r / I :L• t Y I I I r O soar , 1 I . .,``,~••'.. �. "11" ..� . STORAGE .riO BUS LDINOuc _ _ ��� I t l -10 io'o.• 1 I 1 1 ,1 , I Ip nrr'/ / '.�-\ -1 :. r�°ru ra.u, r II! I .,r..'.•... I , ��� \• _�%'' ` ;,•, _ c= = •,11'•: - TYPICAL LEACHING POOL o 1 SIT,_ _� "• -7-• `nnrrw� ~- =Q � °C rra MAP FOR Na I� ROOF AREA MATT A MAR MA / I ';� ``"•- - -- •/l . o��� 000 Y((���� ------ - AR 2DD•a I25• . 20,00D _ _ RIN/'r\. °• - `L1LQ\c O .Y� ••`�- ,= STORAGE REOUIRED . S,,FI. _ 1�1 ,., ,%•• ����_ :r,..::::... - 77 SS000 • 0167 .1 4173 rr N. A T Y •1 / MATTITUCK I 1 c :- ` ^� , — 'as 61 Vr TOWN. OF �F� �,• U PROVIDE B L P, `lOu f`\) 10 Dig a D«r SUFFOLK COUNTY y�0 LANDS\ �\`._ — BUILDING ZONE: N_Z 1000 1.4 D Y 2• Nt.MEl 9L \ / M A T T I r U C K SCALE 1-. SD- CREE K 1 FE8 22,1989 .J 0 y p '•�', , OD [ 21, 1989 • • �•I „ ' � ago .. N9l�Fess�yOQ� N.Y. S. LIC. NO. 49618 ECONIC SURVEYORS , P.C. ` iCGGGELG�e ' (516) 765 5020 P.O. BOX 909 MAIN ROAD _ SOUTHOLD_,N.Y. 11971 D. K.