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HomeMy WebLinkAboutTR-3809 i TRUSTEES SUPERVISOR / , I John M. Bredemeyer, III, President . �� ��,� SCOTT L.HARRIS Albert J. Krupski,' Jr.,Vice President CA Henry P. Smith n, Town Hall John B. Tuthill ,3. ® �W 53095 Main Road William G. Albertson �Ol �►`a® P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1923 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 25, 1992 Anthony B. Tohill, P.C. Attorneys at Law 12 'First Street P.O. Box 1330 Riverhead, NY 11901 Re: Narrow River Marina Dear Mr. Tohill: Recently via phone you indicated to me in very strong terms your opinion that Trustee John Tuthill cannot properly participate in, any action on the navigation aids for the above' referenced site. As an officer of the court, I would appreciate,..that you contact this office or the Town attorney in writing such that your concerns are officially made known. Outstanding matters in relation to the marina which we shall proceed with independently of this issue are: 1) . Proof of proper insurance for the navigation aids & marine operations in the amount of $1,000,000m00 liability policy naming the town as insured. 2) The final marine survey for the completed dredge project is now due in. that the wetland permit has expired by: more than 90 days. , Absent a very prompt submission on these above items, we will be forced to start an enforcement for substantive violations of the existing permit. Very tr ly yours, John M. Bredeme er, III President, Board of Trustees - --------- MAIN ROAD SR. 25 i "; ,hh o 3 � p- OP O Ikt P z z a \P z O PLAT � ~ / OR T RD. Q 04 OHARa • S T - Q 1^ ¢r �O LOCATION MAP \� ORfENT HARBOR 1 r t of Q1 Y �rsL lb �.6 HM z' sy cs� ,gA .�• BROWN S o 1p v� <\ POI NT '1y �9 tq 93 \ P • 1 l\ t'k - V . ` J A ' M PRo,00SPD �9 C11ANN6L IN A V O 4: PLAN • OF CHANNEL k 0 AT ORIENT TOWN OF SOUTHOLD l S U FFOL K COUNTY , N .Y. -�p ,000 _ o _ LON G 27 02 - 04 SCALE �" = f0o' `' "$ '66� 035/ 11� BE A C H.. J U N E 20 , f 8 9 CHANNEL JU L Y 11 , 19 8 9 ( r evise-) MARKER ,A �- BAY A u �yt r ELEVATIONS "ARE REFERENCED TO N.G. V. D. ELEVATIONS OF MEAN HIGH WATER = 2.0 ± lU MEAN RANGE OF TIDE = 2.3' ± �T ,FsT�MAT�I� AMOU"r OF Dk,5,OGE0 MA rERIA L /� yos f — ?,5 90 sc/f` S % song -f- 140 el. 0.3 mean low water .7 ,6• 3'min. FX/,5 3'rrrn —4.3 �7o ffoi �. 60 PROPOSED TYPICAL CHANNEL CROSSECTION no scale X M �eovosEo ui CHANNEL MARKER 3 9 1 4 O g lb -5 ,t2 PRoPosED 1h9 CHANNEL 1, MARKER A` A 4 �y 00 26 1 �y6 1\0 M.L. W. � A9 'fig VO do D nner�c� fit A, �v 41 t ('- (V � 3. • °• 496 .� P E C ONI C 'S, RV =ff#�� P.C. ( 516 ) 765 P.O. BOX 909 MAIN ROAD ` SOUTHOLD , N.Y. 11971 SHEET 2 OF .2 88 - 756 PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootleg Alley P.O.Box672 Greenport,New York 11944 December 30, 1992 (516)477-0030 Fax(516)477-0198 Mr. James W. Haggerty Chief Eastern Permits Section Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building New York, NY 10278-0090 Dear Mr. Haggerty: Based on our understanding and telephone conversations, enclosed are combined applications with New York State Department of Environmental Conservation for storm damage related repairs and reconstruction, along with copies of the D.E.C. Permits issued for the following property owners: o Research Charters o Claudio Family Corporation o Narrow River Marina o Henry Traendly. It is our understanding that, with these documents in hand, it is your plan to authorize the in kind replacement under the Nation Wide Permit. Please note that the work authorized for Research Charters is part of a previous request made under your Application No. 92-10270-L2. The portion of the work authorized by D.E.C. Permit# GWH-44 for protection of adjacent properties is being removed from the original application. Revised applications to reflect the change are being made to the Village of Greenport (Lead Agency), the D.E.C., C.Z.M., and the Corps of Engineers. Sincerely, PECONIC ASSOCIATES, INC. Merlon E. Wiggin, ?hr. ,M.E. President Enclosures: Per Text cc: Town of Southold Village of Greenport N.Y.S.D.E.C. d� •9 1/1 ANTHONY B. TOHILL, P.G. 2 Q 1992 ATTORNEYS RSTSTREET�w �a= � ANTHONY B.TOHILL TELEPHONE.. P. 0. BOX 1330 (516)727-8383 MICHAEL T.CLIFFORD OF COUNSEL RIVEAHEAD, NEW YORK 11901 TELECOPIER: (516)727-6336 May 19, 1992 John M. Bredemeyer, III President, Board of Trustees Town of Southold P. 0. Box 1179 Southold, New York 11971 Re. : Narrow River Marina Dear Jay: Thank you for your letter of May 13, 1992 that probably has crossed in the mail with other correspondence from me on the same points . I will assume that I am to await the agenda. To the extent that May 21 and May 28 are quickly approaching, I will appreciate your earliest reply. Very truly yours, - Anthony B. Tohill ABT: ls 1100;P�105 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the 24th day of February, 1990 by FRED DACIMO, residing at 31 Oswegatchie Road, Waterford, Connecti- EIST . cut, 06385, hereinafter referred to as the DECLARANT, the owner of 0000 the premises described in Schedule "A" annexed hereto, hereinafter SECT . referred to as the PREMISES, who desires to restrict the use and � 27.00 enjoyment of said PREMISES and has for such purposes determined to BLOCK impose on said PREMISES covenants and restrictions and does hereby C 2.00 declare that said PREMISES' shall be held and shall be conveyed LOT- subject to the following covenants and restrictions: 004.000 f. - 1. WHEREAS DECLARANT has made application to the Board of Trustees of the Town of Southold for a permit to dredge certain parts of a body of water known as "Narrow River" on and in the vi- cinity of DECLARANT'S PREMISES ; and FEB 27 1990 2 . WHEREAS The Board of Trustees of the Town of Southold has agreed to issue said permit only if there be a record covenant that boats with marine toilets, also known as "heads," capable of direct discharge overboard shall not be afforded bearthing and/or 49 49 mooring space at the PREMISES; IT IS DECLARED AND COVENANTED BY DECLARANT, his heirs or suc- cessors and assigns forever, that boats with marine toilets, also known as '.'heads," capable of direct discharge overboard shall not be afforded bearthing and/or mooring space at the PREMISES . I 3. The DECLARANT, his successors and assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described prop- erty and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, his suc- cessors and assigns. to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein i shall be construed to be in addition to and not in derogation or �j limitation upon any provisions of local, state and federal laws, ordinances and/or regulations in effect at the time of execution of 1 this agreement, or at the time. such laws, ordinances and/or regu- Cl 11023*6 � lations may thereafter be revised, amended or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they . are deemed to be incorporated herein and made a part hereof, as though fully Set forth. 6. The aforementioned restrictive covenants shall be en- forceable by The Board of Trustees of the Town of Southold by in- junctive relief or by any other remedy in equity or at law. The failure of said Board to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability E whatsoever upon The Board of Trustees of the Town of Southold or i any officer or employee thereof. j 7. These covenants and restrictions shall run with the land f and shall be binding upon the DECLARANT, his successors and assigns and upon all persons or entities claiming under them, and may be terminated, revoked or amended. by the owner of the PREMISES only with the written consent of The Board of Trustees of the Town of Southold. STATE OF NEW YORK ss.: County of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Coy rt be ng a�C,-o rt of Record)DO HEREBY CERTIFY that I ave compared the annexed copy of AJuL�`"� rh . �: ), i/`9 Dv // and and that it is a just and true copy of such original of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this o2? day of 19 .- . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . ... Clerk. J 12-109..12/89cs Form No. 104 ap- peared FRED DACIMO, to me known and known to me to be the same in- dividual descri, -ed in and who executed the above instrument and who duly ac owledged to me that he executed the same. Notary Public ED%VAir JOHW BOYD 5th t{071f,2Y PUBLIC,State of NLw York No.0376625,Suffolk County commission Expires 1--Ozt 30, 19b1 e / a 'i r 'i I I r Wes;, a TOWN OF`5bUfi�iOLD;'Y�EtVYdI�.� DATE ....�Y..b y 1971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 14�4 Dated April 10, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rudolph & Edna Koubek Appellant 24 Champlin Avenue East Islip, New York 11730 at a meeting of the Zoning Board of Appeals on May 61 19 71 the appeal was considered and the action indicated below was taken on your ( ) Request for.variance due' to lack of access to property a(). Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) J 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision. of the Building. Inspector ( ) be reversed ( ) be confirmed because - 6:15 P.iq. (E.D.S.T'), upon application of Rudolph & Edna Koubek, 24 Champlin Avenue,' East Islip, New York, for a special exception in accordance with the Zoning Ordinanoep Article III, Saction 300, Subsection' 5 (T), for permission to operate existing marina in the "A" Residential-Agricultural District with servicing privileges by new owner. " Location of property: east side of Narrow River Road, Orient, New York, bounded north by NarrowRiver Road, east by Hallock Bay, south by Plainland Realty Corp. , west by Narrow ;fiver .load. Fee paid $5.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or- unnecessary hardship because „ SEE REVERSE (b) The hardship created. (is) (is not) unique and (would) (would not). be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ' ) be •granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( j be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 Marjorie McDermott, Secretary Southold Town Board of Appeals Appeal No, 1424 Findings of the Board of Appeals are that the applicant has applied for a Special Exception to operate a residential marina in an Agricultural-Residential zone to service up to 75 boats. Amendment # 68 of April 68 1965 to the' Zoning Ordinance limits the granting of Special Exceptions in the A zone to "marinas for the docking, mooring ' or accomodation of not more than six (6) non-commercial boatst. Accordingly; the Board is prohibited from acting on Application- No. 1424. It should be pointed out to the applicant, however, that Edwin H. Zing, deceased, obtained permission to operate a resi- dential marina on the promises under application on September 5,. 1963, Appeal No. 565, desoribed in a November 8, 1962 location map prepared by Van Tuyl & Son, Greenport, N. Y. , and that this permission extended only to the property which was determined by Supreme Court action to be the property of Edwin H, King-, In addition, it should be pointed out that on April 6, 1965,, the King Marina became a non-conforming use by reason of Amendment # 68 limiting the number of boats to six. Whatever legally permissible uses and facilities existed. at the King Purina on that date may be used and continued by a new owner. A condition of granting Application No. 565 follows: "With the full understanding of the applicant all commercial and/or business activity is forbidden on' these premises, however, in determining what constitutes a business activity the Board is of the opinion that this condition should, be interpreted to distinguish possible future activities which are installed primarily for the convenience of local residents rather than for the profit of the owner. Questions arising concerning interpre- tation of this condition should be referred to the Board of Appeals." Questions of interpretation of future activities at this" marina by the present applicant are therefore properly a concern of the Board of Appeals and are further limited, as follows: 1. All operations must conform to existing law." --'2. Permission is granted to- remove 'the old barge . and replace with floats, 3. Sale of gasoline, soft drinks and toe is prohibited, 4. All commercial or business activity, including vending machines, is prohibited. 5. :, ' isitorage of boats other than those of the owner Is prohibited. 6. Use of these ff�ciltties".by commercial fishermen or party boats pis ,prohibited. 7. The number. -of pleasure boats which may use this faoility Is limited_,,to no more than 75. In making th®,,foregbing determination the Board is acting under the condition noted above in the Board's action on Application No, $65 darted September 5, 1963. ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL TELEPHONE: P. O. BOX 1330 (516)727-8383 MICHAELT.CLIFFORD OF COUNSEL RIVERHEAD, NEW YORK 11901 TELECO PIER: (516)727-6336 May 15, 1992 u John M. Bredemeyer, III President, Board of Trustees '' 1 81992 Town of Southold L. P. 0. Box 1179 Tn in E ) Southold, New York 11971 -1-so LD Re. : Narrow River Marina Dear Jay: I am awaiting the agenda on Dacimo/Narrow River. I do not know how to respond to selection of a forum for a meeting until I have the agenda. You know my concerns since I have expressed them as plainly as I can. If I could have an agenda, some of those concerns might diminish. I continue to worry about this file more than any other matter that I have with any other regulatory agency. Please let me hear from you quickly since I am not pleased with all of the delays . I do not think that it is fair to a property owner to have a regulatory agency hovering over his premises or his permits for as long as has taken place here and certainly I do not think anyone thinks it is right for permits to be constantly under challenge as has occurred here. Very truly yours, Anthony B. Tohill ABT: ls FQ TRUSTEES SUPERVISOR ,.�. , John M. Bredemeyer, III, President 5� a' l � �y� SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President t HenryP. Smith � '� ,,� .:r:� °� Town Hall John B. Tuthill 53095 Main Road s: William G. Albertson �� a=' P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1923 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 13 , 1992 Anthony B. Tohill, P.C. Attorney at Law 12 First Street P.O. Box 1330 Riverhead, Ny 11901 Re: Narrow River Marina SCTM #1000-27-2-4 Dear Mr. Tohill: Confirming our conversation this date, the Trustees would be available to discuss the issues surrounding the Narrow River Marina navigation markers at our field survey on May 21, 1992 or on May 28, 1992 at our regular meeting work session at 6: 00 p.m. at Town Hall. In an attempt to bring this matter into accord with everyone' s concerns, I would have no objection to fixing an agenda for the discussion in this matter in advance of that meeting, provided we could establish an agenda prior to May 21 with input from every Trustee established in writing ahead of that date. Very trul yours, John M. Bredemeyer, III President, Board of Trustees JMB/djh CC. Trustees 0 1' ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW " � U ANTHONY B.TOHILL 12 FIRST STREET TELEPHONE; ) "�' _ P. 0. BOX 1330 JJ/j�V (516)727-6363 MICHAEL T.CLIFFORDtV J OF COUNSEL RIVERHEAD, NEW YORK 11901 e TELECOPIER: (516)727-6336 May 6, 1992 John M. Bredemeyer, III President, Board of Trustees Town of Southold P. 0. Box 1179 Southold, New York 11971 Dear Jay: I have your message from late on May 1 . I would appreciate if you and I could have a telephone conversation well in advance of May 22 , 1992 . At that time time I will want to know what agenda we are following on the Narrow River Marina matter. Very truly yours, Anthony B. Tohill ABT: ls 1� MAY - g 199Z ,TOWN OF S O UThxm_�.�°D ANTHONY B. TOHILL, P.Q, M r� ATTORNEYS AT LAW 12 FIRST STREET ANTHONY S.TOHILL P. O. BOX 1330 yg'{"�y�' TELEPHONE: "�9 .,..y-'�''�� (516)727-8383 MICHAEL T.CLIFFORD OF COUNSEL RIVERHEAD, NEW YORK 11901 TELECOPIER: (516)727-6336 May 11 1992 John M. Bredemeyer, III President, Board of Trustees Town of Southold P. O. Box 1179 Southold, New York 11971 Re. : Narrow River Marina Dear Jay: I have been tying to confirm our meeting date for May 8, but I have now been advised that is Mother' s Day weekend and there will be difficulty assembling everyone. I suggest 4 p.m. , Friday, May 22, as the next best date subject to everyone ' s availability. Could you please confirm. Very truly yours, �y Anthony B. Tohill ABT: ls cc: Mr. Merlon E. Wiggin Mr. Fred Dacimo n" ^ 11992 ANTHONY B. TOHILL, P.G. H ATTORNEYS AT LAW :—`�j 12 FIRST STREET TO J�� ANTHONY B.TOHILL P. O. BOX 1330 ®""'�'+ TELEPHONE: (516)727-8383 MICHAELT.CLIFFORD OF COUN5EL AIVERHEAD, NEw YOEK 11901 TELECOPI ER: (5I6)727-6336 April 28, 1992 John M. Bredemeyer, III President, Board of Trustees Town of Southold P. 0. Box 1179 Southold, New York 11971 Re. : Narrow River Marina Dear Jay: Before another meeting convenes on Narrow River Marina, you and I must have at the very least a telephone conference on a pre-arranged basis . I am unhappy with the way in which your Board is handling this matter and you and I should exchange some information before May 8, 1992 . When we talk I will want to setup a fail-safe system so that what occurred on April 17 cannot occur again. I tried to reach you last Friday and left a message with Jill for you to call me. Instead John Tuthill called on Saturday. Unless you and I can agree on an agenda for any reconvened meeting, I am disinclined to have the meeting. Very truly yours, Anthony B. Tohill ABT: ls a . i i ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL TELEPHONE: P. 0. BOX 1330 (516)727-8383 MICHAEL T.CLIFFORD _ OF COUN5EL RIVERHEAD, NEW YoRK 11901 TELECOPI ER: (516)727.6336 April 8, 1992 John M. Bredemeyer, III President, Board of Trustees Town of Southold P. 0. Box 1179 Southold, New York 11971 Re. : Narrow River Marina Dear Jay: Fred Dacimo ' s wife (Fred is travelling on business) called this morning after receiving my April 6, 1992 letter advising that you had called and set-up an April 10, 1992 meeting at 6 : 30 p.m. . Fred' s wife indicated that Fred had advised you that date was not good for him. Could you speak to me so that we could reschedule without a lot of extra delays . Very truly yours, _&_25rL�_ Anthony B. Tohill ABT: ls CC. Mr. Merlon E. wiggin ® In �t LCs-vitro , i V OVA 1j 1� j ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL TELEPHONE: P. O. BOX 1330 (516)727-8383 MICHAEL T.CLIFFORD OF COUNSEL RIVERHEAD, NEW YORK 11901 TELECOPI ER: (516)727-6336 March 13, 1992 John M. Bredemeyer, III President, Board of Trustees 4 �! 61910)2 Town of Southold W MAR I P. 0. Box 1179 �_��� > -� Southold, New York 11971 °x `�a��j�y '� 2—G�dL ! Re. : Narrow River Marina Dear Jay: I spoke to Fred Dacimo about your March 2, 1992 letter. Fred is unavailable for a meeting on March 26, 1992 . I suggest that you and I work out a later date. When we have a chance to talk, I would like to follow up on the Board' s request for indemnity coverage. Very truly yours, -f*k-— Anthony B. Tohill ABT: ls ANTHONY B. TOHILL, P.G. 77=.] ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL P. 0. BOX 1330 TOWN OF S1RALPH J.BAVARO L � AIVERHEAD, NEW YORK 11901 MICHAEL T.CLIFFORD TELECOPIER: OF COUNSEL (516)727.6335 December 6, 1991 Mr. John M. Bredemeyer III, Chairman Trustees of the Commonalty Town of Southold Town Hall P. 0. Box 1179 Southold, New York 11971 Dear Jay: You called late on December 4 and I tried to reach you back that afternoon, yesterday afternoon and again this morning, but there was no answer on December 4 or this morning and the person who answered yesterday said that there was no one in the Trustees ' office. The secretary here said that you were calling about Narrow River Marina but there was no message. Given the hard time that I had reaching you back, is there any way in which you could let me know by a telephone message or a note whether there is some information that you need or whether there is a way in which I could be of help to you and the Board. Very truly yours, Anthony B. Tohill ABT: ls i TRUSTEES John M.Bredemeyer,III,President _ � . a SUPERVISOR €, Henry P. Smith,Vice President `' Wyk= SCOTT L.HARRIS Albert J.Krupski,Jr. ttnm John L.Bednosld,Jr. ,�'®d �.��� Town Hall John B.Tuthill 53095 Main Road BOARD OF TOWN TRUSTEES P.O.Box 1179 Telephone(516)765-1892 � Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD CERTIFIED MAIL March 2, 1992 Anthony Tohill 12 First Street Riverhead, NY 11901 RE: Narrow River SCTM *1000-27-2-4 i Dear Mr. Tohill: The Southold Town Trustees would like to extend to you and your client the opportunity. to be heard at our next regular meeting during the work session at 6:00p.m. on March 26, 1992. However, as a question of liability to the Town exists in that these pilings are the first private aids to navigation in the open waters of the Town, we would ask that as a condition of this meeting you have your client secure a rider to their existing liability insurance policy naming the Southold Town Trustees as the insured in the amount of 2, 000,000. 00 against personal injury and property loss in the advent of person(s) directly or indirectly colliding with them. As the Trustees realize we are all trying to navigate Hallock's Bay and not the rubicon, we will defer to this meeting the question of whether it is appropriate to characterize our decision(s) as unilateral. Although we understand our application form was sent under separate cover, we have included an additional one for your use. Please call if you have any questions with respect to this matter. Very truly yours, a John M. Bredemeyer, III President, Board of Trustees i cc: Fred & Vincent Dacimo Town Attorney ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL TELEPHONE: P. O. BOX 1330 (516)727-8383 RALPH J.BAVARO RIVEIiHEAD, NEW YOI3K 11901 MICHAEL T.CLIFFORD TELECOPIER: OF COUNSEL (516)727-6336 February 19, 1992 John M. Bredemeyer, III FEB 2 419T President, Board of Trustees Town of Southold P. O. Box 1179 Southold, New York 11971 a Dear Jay: I have your February 14, 1992 letter concerning Narrow River Marina in today' s mail . There was no enclosure such as you mentioned in your third paragraph. I have just returned from major surgery at Lenox Hill Hospital: I work for an hour to an hour and a half each day subject to doctor ' s approval and subject to certain medical tests that will not take place until early March. If you wish to proceed on the schedule outlined in the last paragraph of your letter, you should let me know that you have elected to take this position unilaterally without discussion and without an opportunity to be heard. I will need to know this information right away. Given my medical problems and given that I have only received your letter today, there will not be any submission within one month since I do not even have an opportunity to consider whether or not I will make the submission at this time. You can understand that given the information that I have on hand it would be important to discuss with my clients their options . As you may know, their options are multiple under the circumstances . Very truly yours, Anthony B. Tohill ABT: l.s TRUSTEES b � John M.Bredemeyer,III,President �� :,.,;> %� SUPERVISOR Henry P. Smith,Vice President SCOTT L.HARRIS Albert J.Krupski,Jr. . ` '' John L.Bednoski Jr. 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 February 14, 1992. Anthony B. Tohill Attorney at Law 12 First Street Riverhead, NY 11901 RE: Narrow River Marina SCTM #1000-27-2-4 Dear MR. Tohill: The Southold Town Trustees discussed the aids to navigation of the Narrow River Marina at our January 16, 1992 meeting. Although the Board will not endeavor to deny your client the right to place navigation aids for the ordinary navigation needs of the marina patrons, we will need to review an application for a Trustee permit considering all relevant aspects of placement of markers on Town property. Enclosed for your use is a permit application used for Trustee applications. Since it is not specific to navigation aids, please submit a map showing the location of the proposed/existing aids, their loran coordinates and their dimensions. Absent an application submitted within one month we will proceed with legal action. There can be no further delays in this matter. Very truly yours, ao_hn�M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Town Attorney Bay Constable Fred and Vincent Dacimo, Narrow River Marina Merlon Wiggins �o��FFOLK��G SEP 2 3 1991 HARVEY A. ARNOFF O SCOTT L. HARRIS Town Attorney = Supervisor OF SOUTHOLD MATTHEW G. KIERNAN y own Hall, 53095 Main Road Assistant Town Attorney �,y` ��� P.O. Box 1179 0,[ il Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM TO: John M. Bredemeyer, III, President, Trustees FROM: Matthew G. Kiernan, Assistant Town Attorney N� G DATE: September 23, 1991 RE: Narrow River Marina This is in response to your memorandum of September 9, 1991 with regard to the above-referenced matter. Please be advised that I have finally been able to track down both John Courtney and David Gilmartin. Mr. Gilmartin is handling the appeal of this case for the East Hampton Trustees and promised that he would forward to me copies of all relevant papers including the appellate briefs submitted by both parties. I will advise you when the papers have been received. If I can be of any further assistance, please let me know. cc: Harvey A. Arnoff, Town Attorney FF�( TRUSTEES John M.Bredemeyer,III,President SUPERVISOR Henry P. Smith,Vice President .4? �. k4 . SCOTT L.HARRIS Albert J.Krupski,Jr. John L.Bednoski,Jr. 116 Town Hall John B.Tuthill "= b 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 Matt Kiernan, Assistant Town Attorney FROM: John M. Bredemeyer, III, President Board of Trustees ip RE: Narrow River Marina = Aids to Navigation DATE: September 9, 1991 - As per our brief discussion Friday September 6, 1991 concerning verbal information I received from Anthony Tohill, Esquire alleging potentially damaging litigation he has won against the East Hampton Trustees: I have found from a conversation with John Courtney, Esquire, Attorney to the East Hampton Trustees, that Mr. Tohill in fact won a case against the East Hampton Trustees in Town Court which is now being appealed by special attorney for the case David Gilmartin. , Could you please contact Mr. Courtney and Mr. Gilmartin as we have temporarily suspended initiating enforcement against Narrow River Marina pending a review of this matter. If we are not prepared to make a decision by our September 26th Special meeting the Board will seek outside council in this matter. I will be available most Thursday and Friday afternoons ( late) . Please leave word with Jill for a convenient time that we can meet. cc: Trustees ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL TELEPHONE P. O. BOX 1330 : (516)727-8383 MICHAEL T.CLIFFORD OF COUNSEL RIVERHEAD, NEW YOEK 11901 TELECOP I ER: (516)727-6336 August 22, 1991 Board of Town Trustees V P.U. Box 1179 Southold, New York . 11971 ,LIAWW2 6IM Attention: Jill ` "'WHOLo RE: Narrow River Marina am 21j.. Dear Jill: Enclosed is my office check payable to "The Trustees of the Town of Southold" in a sum not to exceed twenty-five dollars. Would you please copy the below listed documents and then complete the amount portion of the check, sending a note back to me with the copied materials listed below indicating how much the amount was when you completed the check. I am always grateful for your cooperation. !Ast of documents requested: Minutes of Trustees, August 24, 1989 Minutes of Trustees, February 22, 1990 --,Check-off list on inside left side of Trustee ' s file ✓folder for Narrow River Marina LZopy of letter from Don Densikowski, dated June 26, 1991 vEopy of letter of Stewart Horton, dated April 18, 1990 \/Copy of letter of John Bredemeyer to DEC dated March 27, 1990 (,Minutes of any meeting at which a resolution was adopted by Trustees as described at Page 3 of August 2, 1991 letter from John Bredemeyer to the undersigned, and a copy of that resolution. I would appreciate if you could prepare these documents and forward them promptly. Very truly yours, ANTHONY B. TOHILL ABT:gh Enc. l5 t�! L5 2 3 t99� ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW TOWN OF SOUTHOLD 12 FIRST STREET ANTHONY B.TOHILL P. 0. BOX 1330 TELEPHONE: (516)727-8383 MICHAEL T.CLIFFORD OF COUNSEL RIVERHEAD, NEW YORK 11901 TELECO P I ER: (516)727-6336 August 22, 1991 John M. Bredemeyer III, President P.O. Box 1179 Southold, New York 11971 RE: Narrow River Marina - Your letter of August 2, 1991 Dear Jay: I was disappointed to receive the letter in caption. I believe that there is an erroneous analysis of the file and the Board's jurisdiction evident in that letter. I have tried repeatedly to reach you at the Health Department telephone number. Today is Thursday, and I have tried for four successive days, at least three times each day, to reach you at 852-2100 . That phone line has never been open to receive a telephone call, and has been persistently busy. This is frustrating, since it is important that I be able to communicate with you, given the power you are asserting in your letter of August 2, 1991. Is there a way to make an appointment to see you where I don't have to depend upon your Health Department telephone number? In the meantime, please understand that I do not agree with any of the positions or conclusions reached in your letter of August 2, 1991, accepting that indeed the nature of a Chapter 32 application is no more than a ministerial task, particularly on this record. Very truly yours, ANTHONY B. TOHILL ABT:gh Robert Gordon 401 First Avenue New York, N.Y. 10010 212 725-8761 August 13, 1991 Mr. John M Bredemeyer III President, Board of Trustees Town of Southold PO Box 1179 53095 Main Road Southold, NY 11971 ` Dear Mr. Bredemeyer: As a thirty-year resident and property owner in orient, I have not pre- viously put my views of public affairs forward since I did not feel I had any par- ticular expertise to offer. At this time however, there is an issue in which I have interest, experionce an.d insight to uffCl'"1Nniuh I believe will be helpful to you and your colleagues. I refer to the staking and revivifying of the old potato channel in Halleck's Creek. I have sailed in the creek for almost thirty years, and kept boats at Narrow River Marina as far back as the days in which it was known as Ed King's Marina. During all those years, old timers spoke of the channel, which had been there since commercial boats used it to load potatoes at a point close to the location of the marina. Most boaters no longer knew its path, and used an alter- nate, longer way to Orient Bay. Staking the old channel is a service only to the small-boat sailors and plea- sure boaters who use Narrow River Marina, and is of no use to others. The channel's present depth of 4 feet does not allow access to larger boats. It only makes access more convenient and safe for those few who have always used Narrow River Marina. Having a clearly marked channel will protect any shellfish beds which may possibly revive in the shallows of the Creek, over which we would fre- quently drag our centerboards and outboard motor propellers in the absence of a marked channel. The new stakes are neat, well-kept, not unsightly, and lead to a marina whose limited depth and capacity prevent the influx of large boats. I don't be- lieve that restoring the old channel will cause any problems for the environment or the users of Halleck's Creek. On the other hand, a serious problem which exists at present, and not in some imaginary future, is the roaring into and around the creek of super-fast pow- erboats, jet-skis and other noisy and dangerous speed-vehicles. These are a visual disturbance, a noise problem and definitely dangerous. They are not from the area bordering the creek, but use its sheltered water anyway. If you wish to deal with a real and present problem, perhaps you could deal with that one. Thanks for considering these views, and for your efforts in behalf of the town, which are very much appreciated. Sincerely y s, i Robert Gordlon G �5 �INV, ���Oj��®� TRUSTEES V John M.Bredemeyer,III,Presidents SUPERVISOR Henry P. Smith,Vice President '� ' SCOTT L.HARRIS Albert J.Krupski,Jr. �� John L.Bednoski,Jr. ` � s. � 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 August 2, 1991 Anthony B. Tohill Attorney At Law 12 First Street Riverhead, NY 11901 RE: Narrow River Marina SCTM #1000-27-2-4 Dear o As promised in my letter of July 22, 1991 herein you will find a detailed account why the Southold Trustees do not consider any permit is in force for the Aids to Navigation recently installed by the Narrow River Marina, Orient. NEED FOR A PERMIT-Statutory Authority, Board Policy, Processing The Southold Trustees routinely require permits for activities in and near Tidal and Freshwater wetlands within the Town (Town Code Chapter 97) and permits governing activities related to our historic. grant of underwater lands under the Andros Patent ( 1676) as affirmed in the NYS Laws of 1893 and Town Code Chapter 32. As a matter of efficiency and simplicity the Town Trustees routinely process a single uniform permit application when both Chapter 97 (wetlands) and Chapter 32 (Boats,Docks, Wharves) permission are required. Although activities applied for under Chapter 32 are ministerial in nature and would not ordinarily require a public hearing, the Board in practice has often afforded the public a hearing when we are, aware that community concerns are many or when the Board deems it appropriate to conduct business in a new or precedent setting area. In addition to their ministerial nature most applications for permits under Chapter 32 are Type II actions under the State Environmental Quality Review Act (S.E.Q.R.A. ) . This policy covers all single stakes and moorings installed under our Andros Patent Control (Chapter 32) whether single, double or aggregate groupings over Trustee lands. This is consistent with theNYS Department. of Environmental Conservation policy of not requiring a permit for single stakes and individual moorings. All uniform applications and those processed solely under Chapter 97 or 32 (when not Type II actions) are processed pursuant to Town and State S.E.Q.R.A. Complete application notices required under these codes have recently been developed to- help avoid confusion of the type associated with this application. It is the position of the Trustees developed at our July 11, 1991 meeting and by our precedents herein outlined above that the Narrow River Marina must secure a permit under Chapter 32 (Boats, Docks and Wharves) for the installation of pilings as navigation aids on Trustee underwater land in Hallocks Bay (Long Beach Bay) , Orient. REVIEW OF THE FILE-Why a permit under Chapter 32 does not exist Although the uniform Chapter 97,32 application filed on July 24, 1989 by Peconic .Associates, Inc. on behalf of Narrow River Marina included a covering letter mentioning the Channel markers, and page 1 and page 2 "maps" and photographs depicting them, the body .of the permit application contains no reference to markers in the required verbal description routinely used by the Board for meeting agenda and public hearing entries. The application process led to the submission of an amended page 1 map pursuant to numerous pre- and post-submission conferences between the applicant/owner and community. During these conferences the navigation aids on this page were specifically discussed and were changed to floating temporary markers as opposed to the stakes in order to facilitate ice boat launchings. The page 1 area includes the confines of the marina proper and is where all of the dredging activity took place. The page 1 map was the only amended map. approved by Board vote during our permit and SEQRA review at our February 13, 1990 meeting. This was because we were aware of strong objections by the community and the NYSDEC to dredging proposed on map page 2 which also included all the proposed stakes we now see in Hallocks Bay. Absent submission of an amended page two map removing the dredging questioned by the NYSDEC, the Board never considered page two part of the active application as we proceeded with SEQRA and permitting. If the verbal description had been complete I am sure a discussion of the stakes would have ensued as a matter of necessity to clarify the application. The absence however, of a verbal description and a page two amendment gave the impression that the stakes had been dropped along with the questioned dredging. This false impression was certainly inadvertent by the applicant and was a function. of several minor errors compounded by the extremely intense look taken by the Board on dredging and sanitation issues in the area of the page 1 map. The public, applicant and Board were simply i just too absorbed in page 1 discussions to pick up on inadvertent omissions creating the pattern and effect of a purposeful deletion. Since there was no numbered agenda item entry or public hearing entry which, included the words"aid to navigation" , "pilings" , or "markers" no public discussion was had on this matter. . Additionally, the applicant was never asked to remit the permit fees associated with permanent stakes installed on Trustee lands. REQUEST FOR PERMIT-Chapter 32 (Boats, Docks, Wharves) r The Board of Trustees has unanimously approved a resolution that you submit us a Chapter 32 application for the installation of channel markers in Hallocks Bay. As per my letter to you of July 22, 1991, we wish to have the required final surveys of the dredging submitted to this office for a compliance inspection by the Bay Constable. As Board records show that the public only new of and commented on the dredging proposal; we feel that once the aforementioned dredge permit compliance is established, this file should be closed to further amendment. The installation of aids to navigation shall be treated as a separate permit application. Enclosed is a Chapter 32 permit application for your use. In addition the Board requests that you submit us copies of applications submitted to the USCOE and the Coast Guard for the navigation markers as presently configured. Absent receipt of an application or the legal equivalent thereof and the final surveys required in the existing town permit within 30 calendar days of receipt of this letter, I will be obligated to have the Board consider enforcement proceedings under Chapter 97/32 as appropriate. The Board has decided that the public will be afforded a "public hearing" on any permit action for this- proposal. Thank you for your cooperation in these matters. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt enc. cc: Town Attorney Bay Constable Fred Dacimo. 0 ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL TELEPHONE: _ P. O. BOX 1330 (516)727-6383 MICHAEL T.CLIFFORD OF COUNSEL RIVERHEAD, NEW FORK 11901 T ELECOPI ER: (516)727-6336 July 29, 1991 Mr. John M. Bredemeyer III President, Board of Trustees Town of Southold Town Hall P .O. Box 1179 Southold, New York 11971 RE: Narrow River Marina - Your letter of July 22, 1991 Dear Mr. Bredemeyer: Please be advised that Narrow River Marina will submit a soundings survey within ninety days of the completion of the dredging. Very truly yours, -4;h r ANTHONY B. TOHILL ABT:gh r oWN ®F gpUTHOLD. T TRUSTEES �o�pS�FFOC,��OG ,` yam► John M.Bredemeyer,III,President c SUPERVISOR Henry P. Smith,Vice President ,� SCOTT L.RABBIS Albert J.Krupski,Jr. John L.Bednoski,Jr. 't1Q1 �.a� 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)7654823 TOWN OF SOUTHOLD July 22, 1991 Anthony B. Tohill, P.C. Attorneys At Law 12 First Street P.O. Box 1330 Riverhead, NY 11901 RE: Narrow River Marina Dear Mr. Tohill: With respect to your letter of July 3 , 1991 concerning Narrow River Marina; I am presently preparing a formal Board response as a result of the Boards review 'of the file at our regular meeting on July 11, 1991. In the interim, I would like to bring to your attention the need of your clients to provide this office with an accurate as-built survey of the completed dredge project as required in their permit (photo copy of letters of 2/27/90 and 6/4/90 provided) . To date we have not seen these plans which you will note should be submitted within 90 days of the completion of the dredging. The soundings used for these surveys should be at no more than 1 ' (one foot) increments. Thank you for your cooperation ih these matters. Very truly yours, �� John M. Bredemeyer, III President, Board of Trustees JMB:jmt enc. cc: Bay Constable Robert Thurber. Fred Dacimo Merlon Wiggins o�oS�FFo���o TRUSTEES John M.Bredemeyer,III,President cz r�� SUPERVISOR Henry P. Smith,Vice President o SCOTT L.HARRIS Albert J.Krups1d,Jr. -,1, • �`� John L. Bednos1d,Jr. '�1Q1 �a0 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 July 11, 1991 u RE: Narrow River Marina The following action was taken by the Southold Town Board of Trustees at the regular meeting of July 11, 1991: On a motion made by TRUSTEE SMITH and seconded by TRUSTEE TUTHILL it was RESOLVED that the' Southold Town Board of Trustees request that a permit application under Chapter 32 of the Town Code be submitted for the aids to navigation for Narrow River Marina. This resolution was unanimously adopted. ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW JUL .. 5 1991 12 FIRST STREET ANTHONY B.TOHILL P. O. BOX 1330 TOWN OF SOUND 3 MICHAEL T.CLIFFORD OF COUNSEL RIVERHEAD, NEW YORK 11901 (]f1 TELECOPIER: July 3, 19 91 (5I6)727-6336 G John M. Bredemeyer, III President, Board of Trustees Town of Southold F , >. WON- 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Jay: Narrow River Marina is a client of this office and has consulted me with respect to the questions raised concerning the omission of the channel markers from the Trustees ' permit. To the extent that the dredging and all other work has been completed, and to the further extent that the Trustees have the power to approve channel markers, the proper procedure here would not be to file a new permit application but instead for the Trustees to adopt an amendatory curative resolution. No further ceremony is required, since the problem is only clerical and the owner has acquired protected vested rights in reliance upon all of the previously issued permits. I am copying Matt Kiernan with this letter requesting that he discuss the point with me when he has a chance and that he provide you with guidance accordingly. I will be happy to discuss the matter with you as well when you wish. Very truly yours, 1- Anthony B. Tohill ABT/b aw cc; Matt Kiernan r TRUSTEES John M.Bredeme er III President i' Y � ,- . � a=.`� -4 SUPERVISOR .; Henry P. Smith,Vice President "' L' *. , ; SCOTT L.RABBIS Albert J.Krupski,Jr. '� =` ' ,1K ,y John L.Bednoski,Jr. 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 July 1, 1991 To: Supervisor Scott L. Harris Members, Southold Town Board From: John M. Bredemeyer, III, Presi e Southold Town Trustees Re: Speed Limit; Channel to Narrow River Marina As a question has been raised as to the permit status of the private aids to navigation now in place for Narrow River Marina, you may wish to consider forestalling or conditioning any vote on speed limits there on Trustee and Coast Guard final' approvals. Thank you for your consideration in this matter. cc: Board of Trustees New York State Department of Environmental Cons ervation Building 40—SUNY, Stony Brook, New York 11790-2356 (516)759-1389 D a U JUN 2 8 1991 Thomas C. Jorling TOWN OF SOUTHOLD. Commissioner Juna 26, 1991 Narrow River Marina Narrow River Rd. Orient, N.Y. 11957 Attn: Fred Dacimo RE: NYSDEC Permit # 10-89-0209 Dear Mr. Dacimo: It has come to DEC's attention that the U.S. Army Corps permit authorizes dredging in an area not approved by NYSDEG for dredging. The DEC permit is only for dredging the marina and immediate approach channel (a maximum of 400' seaward of the dock at the marina. You are advised not to conduct unauthorized work as such work would be in violation of New York State's Environmental Conservation Law Article 25 (Tidal Wetlands) and Article 15 (Protection of Waters) . Under Article 71 (Enforcement) conducting unauthorized work is punishable by a fine up to $ 10,000.00_ per 'day under the Tidal Wetlands Act and by a fine of up to $5,000.00 per day under the Protection of Waters Act. Both you and the contractor would be liable. You agreed upon DEC suggestion to relocate the channel to the west of ."area #2" into existing deeper water. Thank you for your cooperation. Very truly yours, Robert N. Thurber Senior Environmental Analyst RNT/rw cc:. Bredeme� aI�II'"" USACOE (J. Haggerty) M. Persand G. Stadnik file POLICE �<< POLICE DEPARTMENT, TOWN OF SOUTHOLD ADMINISTRATIVE PECONIC NY 11958 TELEPHONE516 765-2600 EMERGENCY DIAL 911 516 734-6022 Sronley DrosliosW CHIEF OF POLICE To: Judith Terry , Town Clerk O �. D W I From: Donald Dzenkowski Senior Bay Constable 1991IMI Re: Speed Limit For Hallocks Bay TOWN OF SOUTHOLD Date: June 26, 1991 I would like to request the Town Board to pass a resolution establishing a 5 MPH speed limit in the newly marked North Channel of Hallocks Bay , Orient. cc: Town Attorney Board of Trustees New York State Cep artment of Environmental Conservation l Building 40—SUNY, Stony Brook, New York 11790-2356 ° 516)751-7900 k Thomas C. Jorling Commissioner June 20 , 1990 Mr. Merlon Wiggin President JUI� 2 7 l� Peconic Associates Inc. L�� i ^ One Bootle AlleyP.O.Box 672 �C g 1"Viva - Greenport, NY 11944 ��� °�� �►a � Re: NYSDEC Application #10-89-0209 Narrow River Marina Dredging - Orient, NY Dear Mr. Wiggin: In response to your letter dated June 4, 1990, please note that this office sent you a letter (also dated June 4, 1990) , requesting the same information and ,revisions to the plans previously called for in our letter dated April 11, 1990 . In addition, please submit information explaining how the existing marina area has the capacity, for up to 75 boats, within its present physical limit, without expanding further into the bay. If all the information and revisions are submitted so that the project is fully and acceptably represented, the permit can II then be issued. I If you 'have any questions, please call Robert Thurber at 751-7900 ext. 346, or George Stadnick at 751-8468. t Sincerel F Harold D. Berger Regional Director HDB:jf cc: Assemblyman Joseph Sawicki F. Dacimo J. Bredemeyer V A. Machlin R. Thurber G. Stadnick c New York State Department of Environmental Co_ns_ervation __. Region 1 Headquarters , ��•; ' br-` SUNY, Building 40, Stony Brook, NY41-!8411790-2356 (516) 751-1389k � �� � 3 �� � � r� Thomas C. Jorling Commissioner . - June 4;1990 Mr. Merlon Wiggins Peconic Associates P. 0. Box 672 One Bootleg Alley Greenport, N. Y. 11944 RE: NYSDEC Application No. 10-89-0209, Narrow River Marina Dredging Dear Mr. Wiggins: The Department has reviewed your submittals received May 8, 1990. Please refer to the comments in my letter to you dated April 11 , 1990 and its attached sketch showing acceptable (to DEC) dredge area (enclosed) with regards to the previous and following comments: 1. Dredging plans a. Your latest plans do not conform with the sketch sent you. Please revise to eliminate those areas shown inked out in red on a copy of your latest revision showing the acceptable dredge area superimposed on it (highlighted in yellow) . NOTE: Seaward of the dredged channel the channel would simply be marked thru the 4. 1 '-4.3'-4.0 area (no dredging) . b. Dredging in the southeast corner of the marina still must be reduced by 15' (also inked out in red) . c. Relocate the channel on Sheet 2 in existing deeper water to avoid -3.2' shoal and rocks, avoiding a perceived "need" to dredge. sw e. Describing the spoil site containment measures still needs to be shown on the plans and a cross-section view of these as is the cross-section for dredging. g. Names of adjoining landowners still need to be identified on the plans as requested before (also stated on basic checklist pg.: 2: A # 1, enclosed) . 2. The marina plot -Plan indicates spaces for 68 boats. Unless you can show the- existing marina area has space for additional boats NYSDEC would approve the mooring of only 68 boats or that number up to 75 which can be shown to reasonably fit into the existing marina area. 1� 31900 Merlon Wiggins `, jU4 I June 4, 1990 Page 2 The changes and information requested in my April 11th letter parts 1(d) , 1(f) , 1(h) , 2, 3, 4 and 5 have been submitted. . Upon receipt of all the requested changes and information as indicated above and revised acceptable plans DEC can issue a permit with special conditions. Please respond by July 15, 1990. Thank you for your cooperation. Very truly yours, Robert N. Thurber Senior Environmental Analyst RNT/rw enclosures cc: F. Dacimo (w/enc.) J. Bredemeyer (w/enc.) M. Infurna (w/enc.) M. Persand (w/enc.) P. Wenczel (w/enc.) G. Stadnick D. Ninivaggi file J New York State Department of Environmental Conservation_ Building 40—SUNY, Stony Brook, New York 11794 d ,"---b—dw ` JUN 1 31990 NNW e q • ��<�'�,� OF �.�SOUi9, e'�%- _ '11Fjomas C. Jorling peril 11, 1990 Commissioner , Mr. Merlon Wiggins ! Peconic Associates P.O. Box 672 One bootleg Alley f ;E Greeport, NY 11944 ! �; Re: NYSDEC App. No. 10-89-0209 Narrow River Marina dredging ' Dear Mr. Wiggins: rl; This is to confirm the nature of our meeting on April 6, 1990 at the marina that the following is needed: 1. Revised and re-dated dredging plans (four copies) as follows: (a) The dredging will be limited to the marina itself and the 30'. wide approach channel which is to be equidistant from the north and south shores. (b) Dredging in the southeasterly corner of 'the marina is to be reduced ; by 15' so as to provide adequate buffer .between the dredging area and the intertidal marsh fring-- (see enclosure) . (c) There will be no dredging in the southerly channel (on sheet 2) as the channel will be remarked in the existing deeper area to the west. ;j (d) There will be no dredging to the Town launching ramp. (e) A descfi?tion of spoil site containment measures: double row of staked haybales and use of a filter cloth liner of the base and sides to prevent leaching across the surface of the parking .lot under the hay bales; two metal stakes per bale driven 1' i t the ground. See attgched memo Aegatcding neeove�ey expense anda '.teAhati.ve (f) Revised qua-rity of dredge spoil for the above described reduced pro- ject -,in cubic ya ztz and method o� dAegding noted on ptam. property J g s' (g) Addedlines and notation of who adjoining landowne�' �.are. s' IT Mr. Merlon Wiggins Re: 10-89-0209 JUN 13 1990 April 11, 1990 Page 2 yyyy�� i' O U I F ''t /J (h) A revised closure line. Please check with the Bureau of Shellfisheries , to confirm the actual closure line. i 2. A marina plot plan on survey at a scale(in range of 1"-50' to 1 `20) appropriate to show the following details: (a) capacity of marina to be at (_Ol-close to) 75 boats. (b) size and shape of slips. - (c)' the two boat ramps at the marina. (d) limit line of the marina as designated by the trustees. 3. A copy of the Town 9/5/65 Zoning restriction (Appeal #1424) limiting the marina to 75 boats. 4. A copy of your reply to Mohahir Persaud's (of NYSDOS) letter requesting information. 5. A copy of the restrictive covenant for this marina that there will be no moving of boats with `.'marine sanitary devices" (toilets) at this marina. Upon receipt of the above materials and acceptable revised plans, DEC considers that a permit with special conditions can' be issued. The cooperation and participation of everyone at the meeting was very help- ful and much appreciated. Very truly yours, ROBERT N. . THURBER Senior Environmental Analyst RNT:t l Enclosures. cc: r . Larsen/with enc. J. Bredemeyer III/with enc. R. Wacker/with enc. S. Mars/with enc. F. Wachsberger/with enc. M- Persuad r ��� h..`2►1c.- G. Latham Jr./with enc. J. Holzaptel/with enc. G. Stadnick P. Wenczel/with enc. D. Ninivaggi M. Davidson ;. i . i r !•; 1, ,ill �.. . Fill TEMP 090 spo TOWN Or- SOUTHOLD SPRING TIDE LINE r" ( APPROX. LOCATION Jc > r H IA / j ZZ, - i�•„• f'ce Al Pt pE tt; ORAJVGC S TK...>i' d VUL TRUSTEES '� 4r" ' SCOTT L. HARRIS 6 Supervisor John M.-Bredemeyer, III, President Henry P. Smith, Vice President . � Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. Box 1179 John L. Bednoski, Jr. ` ` John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 June 4, 1990 Merlon E. Wiggin, President Peconic Associates, Inc. 1 Bootleg Alley, P.O. Box 672 Greenport, NY -11944 Dear Mr. Wiggin: The Southold Town Trustees recently received a copy of the completed consistency review form from the State of New York Department of State (attached) . As the Trustees require a copy of the amended map as submitted to the DEC to make our permit file complete, please submit same if you have not already done so. With respect to item number 3 on the New York Department of State consistency review form, please be advised that any re-seeding of the bottom of Hallocks Bay will require permission from this Board. Sincerely, mum John M. Bredemeyer, III President, Board of Trustees JMB:jb cc: Narrow River Marina Trustees File S6 ,V R CLi ExCUSI'% STATE OF NEW YORK DEPARTMENT OF STATE GAIL S.SNAPPER ALBANY. N.Y. 1 223 1-000 1 SECRETARY OF STATE May 16, 1990 Mr. Merlon Wiggin President Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Re: F-89-516 U.S. Army Corps of Engineers/New York District Permit Application 89-0828-L2 Narrow River Marina Town of Southold Dear Mr. Wiggin: 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 subject to the following conditions: 1) The proposed work shall be carried out according to the revised plans dated 5/3/90. 2) In order to minimize adverse water quality impacts in Long Beach Bay (Hallocks Bay), no dredging shall take place between April 1 and September 30 of any calendar year. 3) All DEC certified shellfishing areas that are disturbed during this dredging shall be re-seeded upon completion of the activity. 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. ! w 1(ork State Department of Environmental Conservation ' ?; Building 40 ' SUNY, Stony Brook, New York 11794 a APR 18 1990 ► { ;;; . b i" 4i,,J ( - 9 Y omas C. Jorling ;; April 11, ]990 oprnmissioner Mr. Merlons Wiggins Peconic Associates P.O. Box 672 One bootleg Alley Greeport, NY 11944 'Re: NYSDEC App. No. 10-89-0209 Narrow River Marina dredging a� ;i?� • Dear Mr. Wiggins: This is to confirm the nature of our meeting on April 6, 1990 at the;; marina that the following is needed: 1. Revised and re-dated dredging plans (four copies) as follows: I! �j . (a) The dredging will be limited to the marina itself and the 30":' wide approach channel which is to be equidistant from the north and south ;?':: shores. 'j is•I ia•;: (b) Dredging in the southeasterly corner of 'the marina is to be "reduced by 15' so as to provide adequate buffer between the dredging area and the intertidal marsh fringe (see enclosure) : (c) There will be no dredging in the southerly channel (on sheet 2) as the channel will be remarked in the existing deeper area to the west. (d) There will be no dredging to the ToHnz launching ramp. .(e) h descii?dtion of spoil site containment measures: double row. of staked haybales and use of a filter cloth liner of the base and ;± sides to prevent leaching across the surface of the parking lot under the hay bales; two metal stakes per bale driven 1' 1 to the n y: ground. See attached memo negaxding eeove�c.y expense an nteAftatii e (f) Revised quad!ity of dredge spoil for the above described reduced pro- ? : ject .tin cubic yands and method ob dte9di.ng noted on ptarus, (g) Added property lines and notation of who adjoining landowner,: ;are. I I i is j c 1! i Mr. Merlon Wiggins j�. ;• Re: 10-89-0209 April '11, '.1990 Page 2' (h) A revised closure line. Please check with the Bureau of Sh�ellfisheries ';!• to confirm the actual' closure line. 2. A marina lot plan on survey at a scale "- 'p p y (in range of 1 50 to ljf:-20) appropriate to show the following details: ill; (a) capacity of marina to be at (_OlLclose to) 75 boats. (b) size and shape of slips. li (c)' the two boat ramps at the marina. (d) limit line of the marina as designated by the trustees. ;. 3. A copy of the Town 9/5/65 Zoning restriction (Appeal #1424 limiting the marina to 75 boats. 4. A copy of your reply to Mohahir Persaud's (of NYSDOS) letter requesting information. 5. A copy of the restrictive covenant for this marina that there will be no moving of boats with "marine sanitary devices" (toilets) at thi's marina. Upon..receipt of the above materials and acceptable revised plans, DEC considers '1 that a permit with special conditions can be issued. The cooperation and participation of everyone at the meeting was very help- ful and much appreciated. ; Very truly yours, ,f. ROBERT N. THURBER I Senior Environmental Analyst RNT:tl Enclo sure• t j cc: r . Larsen/with enc. �J•;—Bredemeyer-III/withen,c R. Wacker/with enc. S. Mars/with enc. F. Wachsberger/with enc. M. Persuad lwu th enc. G. Latham, Jr./with enc. J. Holzaptel/with enc. G. Stadnick P. Wenczel/with enc. D. Ninivaggi M. Davidson NE,w YORK STATE DEPARTMENT OF ENVIRONMENTAL �:ONSERVATION�ii i " DIVISION OF MARINE RESOURCES BUREAU OF MARINE HABITAT PR'OTEI=TION T U; icep'o r g e S't a d n:i.k: FROM,;':: .I:)ominicI:: Ninivanni SUBJ",I F'r'{ oosciid dredging of Narrow River Marina, adjacent -,-PI' Long Beach Bav DECI.t;•.I ,(i H 'IA lr DATY 11 A13r i.:i . ].99C) Fob .(.I`ur.l:er ictr' d 1 I'ac.ve discussed the results of a re;gQ meeting ng r-ei3e:ardi.l" n the subject proposal .. I Pl<3`1e the 'f,_,.i low3'.Ah 1' comiTll=btsi and suggestions regarding conditions for ..this peY'`fil'1'tC !i� I,t i. As I have already ,pointed out , 'the oroposed sucli ."„ ! !1 Watering site is adjacent to, and at a higher el. evAion l haI"1, `:Jta,'t:ei; lands 't•ii the si.iutI"1 and privately held malY'1'c'_`hbs t�� `l:he north. Therefore, I ,still have my doubts that 'th& ,hay N, {; bales and filter cloth prop osedtocontain the miteri',aal lit provide sufficient assurance that sediment will not Onter s t•' ! �',r-�<.zit: :ive:= areas. Some� of the drainage from 'the dewatt✓r ing �� .', Area still seems likely to entcar the State lands, whichi;' would not be accept•ablf•? to this office. In additions i 'F t.I 'l':C:'mpor'ary berms are not: Uw(a_d to ensure that drainage ifrom 14 ,. t h(i i't e go e:,s e?a iio'I: . l I"1't��� 't I'l e r '1 V es'T . is f r3 1.I U r(? r�'F the 7".C�l4 S �Y�f 'a! hay bale, would result in the spillige of large appynts . of sediment . 1 1'i c-' applicant h oe..l l d understand t l'i at as n y rl,r.'ilter' ial t:l..,<-at: enters the State lards must be 'removed :'art his ei:xoe3nse. This removal would have to be done by hand. :'tca avoid damage to the::. ✓e:_L1e:-'ta'tioh. This e;sense would pr��•�bably beor ea'tei'r than the construction of a 't_emporary berm: ; r�:. •• Given 't:l'-IG? potential pr�_�bl.emh outlined in item 1 , above, ' '. ,. thenei3�'r'rrli't: should be conditioned su�_h. that this ��ffiC.e� Is given one business day' s notice before the. start fJGi;wat:er a.l" n operations.. so that the work can be monitored. ' failure of the applicant to pr'even't all from drainage otherotherI'll -f other effluent from the operation from entering State _ 1 lcAJ,e:.s should be made grounds for the immediate cessation A ?i i , 141ork on the project . Work sl'iou.ld not .restart until the State lands are restored, _ ..._ As noted previously, adequate buffer should- be Maintained d between the dredge areas and the ar_I.j qAt State—owned -I W, I '• lot ��Iyi' rr fie. f '19 TEMPOR �B- '' : S P'0 A R t. I 'LINE iY SPRING TID. ( APPROX. LOCATION 1 �V - _ 6i tip ' Jl/�r� 11 4. �---�--1 0 RAN 6E STK... ..... _r • ;�%{BFicE Gv L t,, W�C�C � STATE OF NEW YORK UIf DEPARTMENT OF STATE t �f ALBANY. N.Y. 1 223 1-000 1 �^ ..y March 28, 1990 �� Mr. Merlon Wiggin _ . ... Peconic Associates, Inca j One Bootley Alley f << }S P.O. Box 672 f , Greenport, NY 11944 fr' APR - 31990 Re: F-89-516 U.S. Army Corps of Eng ersyl.Ii1 ork District Permit Application - Narrow River Marina Town of Southold Request for Additional Information Dear Mr. Wiggin: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. 1) Please indicate the number, sizes, and drafts of the crafts presently using this marina. Are they power boats or sail boats? 2) Please indicate on a plan where previous dredging was done, both inside and outside of the marina basin. It would be helpful if you can indicate the dates and the agency responsible for the previous dredging. 3) Is the siltation of the marina basin and adjacent areas coming mainly from the drain pipe, the town ramp or agricultural runoff? If it is the former two, what steps are being taken to reduce the adverse surface water quality impacts from these point sources. 4) Please provide a diagram of the shellfish concentration in the immediate vicinity of the area to be dredged, especially in the waters certified for shellfishing. Perhaps a survey will be necessary to determine this and also the grain size distribution. 5) Please explore the possibility of reducing the amount of dredging by eliminating all dredging in the channel where the soundings indicate depths of greater than -4' MLW. See attached map for guidance. Mr. Merlon Wiggin March 28, 1990 Page 2 6) A distribution of sediment type map (sand, silt, etc. ) and a grain size analysis map would also be needed to assess the impacts of the dredging in this significant habitat area that is open to shellfishing. 7) It is also be necessary to indicate that no further expansion of the marina is anticipated in the near future without the requisite regulatory approvals. Please provide the information requested above to the Department of State within thirty days from the date of this letter. Pursuant to 15 CFR 930.64(d) , if this necessary data and information is not provided, the Department of State may object to your consistency certification on the grounds of insufficient information. Any additional information which you believe will facilitate our ` consistency review of this project .would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Sincerely, Mohabir Persaud Coastal Processes Technical Specialist MP:jtb Cc: COE/NY District - Michael Infurna NYS DEC/Region 1 - Robert Greene Town of Southold - Valeri Scopaz Pis,comc AssoCIATESt AWNCO Envirorimcatal Planners A Consultants'. "',0ht&oticyAUey P.O.Sox 672 Giccaport,New York 11944 (516)477-0030 Fu(516)477-008 PAGE 1 OF , TO, FROM : DATE SUBJECT : A0 k6922 '<77- &J 42s5- &L i4 a422 -TE PORARY PLAN OF CHANNEL �1 ' =r.T IRE LM1 • t i tPFK, LO"T100 t � hAT ORIENT l f TOWN OF. SouTfi.OLD SUFFOLK COUNTY, N.Y. :/9 4$ - , ,:� _ to - 027 - 02 - 04 ;L d�,�� , �SUAIF TO BE = g et _ AR---A MAR y ssd 1 HALLOCKS SAY 8 RCYbSEO •ref _ = depth in inches 4t wager at low tide Jwvr� Jan. 31. 1990 ?WOW cMW uar�a •t -43 t,- -a s +` Hm 49 w\ APR - 61990 h �� eS. B. ___4107f0n co., _qrza. GREENPORT, L. I., N. Y. 11944 TO��YYiNI rjn" April 2, 1990 Mr. Robert N. Thurber, Senior Envirarmental Analyst, New York State Dept. of Environmental Conservation, SUNY, Building 40, Stony Brook, -New York 11749 Dear Mr. Thurber: My letter to you concerns the proposed dredging in Long Beach Bay (Hallock's Bay) at the Narrow River Marina. As you know this project was reviewed by the Southold Town Trustees, public hearings held and a positive affirmation was issued by way of a town permit. Your office, I understand, coneured with the town's position and was responsible by insistence that the linear channel be place where it is now located on project maps and you had no objection to the originally proposed length nor objection to the modified length of this passage. Subsequent to your postion which the owners took and were encourage by; that your office was satisfied and they could proceed upon town approval, it appears that some local politiking- has appeared, and thats what it is, that has caused your office to bend your parameters as measured by certain changes you now want to occur in this project. This does not seem quite fair to the owners who have spent a considerable amount of time, effort, and money to obtain the necessary approvals. One should not go backon ones word whether individual or of the body politic. I am writing this letter as an individual who served on an ad hoc citizens committee to investigate this• project and report to the Southold Town Trustees and to The Oysterponds Rod & Gun Club, Inc. of which I am the Treasurer. In our review we did independent depth measurements, we also relocated the drains of flues that have been silted in and which for many years carried their sorry load of good topsoil into Narrow River. Many Orient individuals and members of The Oysterponds Rod & Gun Club, Inc. were concerned that this project would. lead to the opening of the entrance to the bay or increase the size of the marina. I .believe our reports back to these persons showed this Jhis was not the case and laid their fears to rest; in fact many endorsed the project and The Oysterponds Rod & Gun Club, Inc. , which was polled, endorses this project without any reservations. The reason for this is the location of the marina and the minor amount of dredging to be done. In addition the removal of decades long deposition of topsoil and silt will only help improve the health of .the bay by removing residual pesticides and fertilizers that have for so many years fouled the bay. The Narrow River silt deposition is all this and should probably be removed in much greater number than the small amount which will result from the proposed dredging operations. The recent letters you have recieved along with the petition do fiot state fairly the Orient residents views. The petition was collected hastily and scare tatics were used in the above mentioned form even going so far that it wouldallow acess for another marina. This is local politics tha�dnuld be taken at face value. Secondly ''!le letters from the Orient Association are singularly written by the President. Mrs. Wachsberger. As I understand they were not authorized by the board of directors .and were never reviewed. by the corresponding secretary of this body. There was non polling' of themembership to ascertain their feelings or their understanding of what was involved here and a critical position was taken on an important issue without the permission of the organization: as a whole. I can well understand- the quandry you and department staff are in as you do not really know the situation.-here in Orient. What you need is "Our man in Havana" on the local scene.. or resort to public hear., ings on every project you undertake. It is my understanding that a meeting concerning this project is now scheduled for this Frtda '.- i I have been invited to attend and will if at all possible. Also the President of The Oysterponds Rod & Gun Club, Inc. , Mr. Edmund White will endeavour to attend. I hope my comments will help to clarify a bit. of what is going on in Orient and will be helpful in your decision making process. Yours most sincerely; y Stewart W.Y. Horton SWYH:sh Copies: Jay Bredemeyer, President Southold Town Trustees 2. �oc��FFOLKc�G o TRUSTEES T SCOTT L. HARRIS John M. Bredemeyer, III, President y0`• Supervisor Henry P. Smith, Vice President ��01 `��� Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 March 30, 1990 RE: Narrow River Marina, Narrow River Road, Orient. To Whom it may concern: As per phone conversation with Jill of the Southold Town Trustee Office, please be advised that the meeting in regard to the preposal for Narrow River Marina which was set for Friday, April 6, 1990 at Stony Brook has be changed accordingly: The meeting is to be held Friday, April 6, 1990 at 1 p.m. at the site. (Narrow River Marina) . Sincerely, M. �de�meyer,' 4d:ohn M. B I esident, Board of Trustees JMB: jmt cc: F. Dacimo S. Mars J. Holzapfel P. Wenczel S. Latson E. Larson R. Wacker G.R. Latham R. Thurber G. Stadnick F. Wachsberger M. Wiggin al ................ TRUSTEES �=' ; ,'�r P' ' SCOTT L. HARRIS John M. Bredeme er, III, President �'' ' Supervisor Henry P. Smith, Vice President ®� Town Hall, 53095 Main Road Albert J. Krupski, Jr: P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 7654823 Telephone (516) 7654892 TOWN OF SOUTHOLD Telephone (516) 765-1800 March. 27, 1990 Mr. Robert N. Thurber NYSDEC Senior Environmental Analyst SUNY Bldg 40 Room 219 Stony Brook, NY 11790 RE: Narrow River Marina Dear Mr. Thurber: With respect to your March 14, 1990 letter to Merlon Wiggin of Peconic Associates, I find it necessary to offer you some thoughts, as the major changes now suggested by the NYSDEC belie the tremendous amount of work put into this project by the C.O.E. , N.Y.S.D.E.C. , Town Board, Town Trustees and the Highway Department. The applicant has made every effort to cooperate with all concerned and was present for at least: one pre-submission conference with all agencies represented, two community meetings on site, one informal and one formal public hearing, and two meetings. devoted to environmental assessment and discussion. . My comments will flow along the lines of your March 14 letter with some additions at the end. 1. "Information submitted by others. . .dredging in vicinity of boat ramp is area open to shellfishing" . . . Although I question if this will be the case after imposition of - the new N.S.S.P. Rules, shellfishing in this area is not what it is cracked up to be. Orient Bayman and retired oysterboat captain Ed "Ned" Adams who attended the public hearing says the clamming is so poor there, and he is only concerned with not changing the boat ramp angle. "Give me 15 feet undredged at the base of the ramp so I can walk around my boat" (personal communication) . Others at the public hearing made no comments: Ronnie Wacker of N.F.E.C. , Bruce Loucka of the CAC (for John Holzapfel who was absent) , and Steve Latson who "was not in favor or against this project" , but requested changes which were passed on to you. He was supported y by G. Ritchie Latham, Jr. who had no objection with minor changes. Our Conservation Advisory Council, acting beyond its authority, ; wrote you and reiterated its previous position on the project when it was double the size early last year. It' s chairman was not present at the public hearing nor did he extend the courtesy of a carbon copy to the Board he is supposed to advise. 2. "Closeness of intertidal marshes. . .area should be tapered away. . . " The Trustees have no problem here if the access to the ramp and marina provide for safe navigation. With the project scaled down to 4' depth and 1 on 4 slopes, it makes erosion of wetlands extremely unlikely. 3 . "Parking lot is at higher elevation. . ." I thought the use of the parking lot had already been reviewed by former Trustee President, Frank Kujawski and yourself? Since the applicant' s water well is the only other available area, he secured Town Board approval for the parking lot in exchange for the free dredging to the Town Boat Ramp. The Town Board and Trustees have a $1,000,000. 00 liability policy on this project. In addition, the Town Superintendent of Highways reviewed the project "specs" and prefers the haybale method, as it is non-invasive of the parking lot surface. Any reasonable modifications are certainly called for if they will protect the wetlands better. 4. "Dredge area number 2 can be eliminated. . . ." NO! Removal as indicated in your letter changes the course of the existing channel so that navigation over the rocks will occur. The Trustees have no objection to removal of this sand spit, which is a navigation hazard. The inherent navigability of this bay will not be increased by such a removal of sand, but will be made inherently safer for all concerned. 5. "Modified plans must be submitted. . .identifying property owners. ." It should be noted that this proposed project is situated on Town Trustee owned land with spoil deposition on Town Board controlled public land, subject to approvals by Town agencies and Highway Department review. 6. "Restrictive covenants. . .Toilets and no expansion. . ." The applicant, at my suggestion, formalized his existing marina no "head" rule with a restrictive covenant borrowing language directly from the N.S.S.P. Rule. A restrictive covenant against further expansion is not within the authority of the NYSDEC, but lies with the Town Planning Board and Trustees. The Trustees, at my request, have already tabled two public moorings at the Narrow River Ramp at our March meeting. At your suggestion, I will request a moratorium on further private and public expansion in the Narrow River area at our April meeting, until such time as your shellfish people have had the opportunity to develop the local rules under the N.S.S.P. , and we can respond with a G.E.I .S. For you to impose further on the applicant when the project has already undergone major changes restricting him to the immediate confines of the marina, and after he has shown good faith before the fact, would be unethical and possibly illegal. On a personal note, I believe your project description as published in the E.N.B. and approved by my Board, is not providing conditions conducive to larger boat access, as alleged by same, but safer-regulated access. Right now, with prudent navigation, Hallocks Bay, as we call it, can easily provide access to boats in the 26 foot range. To modify this proposal by eliminating the improved safety and public convenience of dredging to within 10' of the Town-owned boat ramp, while permitting dredging to the marina ramps, is to confer a special benefit to the marina operation at the expense of the public. (This will not change the navigation situation at all) I can speak to the safety issue personally, as my father suffered -a crushed vertebra in 1977 while launching my 16' aluminum boat, and it became jammed in the sand at the base of the ramp. This is hardly a "large" boat and the permit we voted will make this ramp no safer or easier to use. While it would have been easy for me to endorse a new ramp angle, I have accepted the sentiments of those who wish to walk around their boats at low tide, such as Ned Adams and those who feel a new ramp angle will permit "larger" boats. Given the cooperation and willingness of the applicant to accept state of the art environmental control, your agency should not punish him for ex-post-facto dissension caused by: Those who were too lazy to participate in the local public process on time, those who fear improved quality access will mean more shellfish available to residents as opposed to commercial baymen, and those who oppose this project for their own secular needs. I have enclosed 3 copies of this letter, our permit, and hearing minutes for your information. Please distribute these among your colleagues. Sincerely, hn M. r e r B edem ye i� President, Board of Trustees JMB:jb cc: Town Board Trustees CAC Stephen Mars/ OE JAl enclosures 0 G 6� I New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 41-7" I1-7 o-23� Iowa,, p 77'hi MAR 1 51990 p �! �i f t J .Thomas C. iorling E TOWN OF SO@J`i"IAOLD March 14 , 1990 Commissioner ; . .', i Mr Merlon Wiggins , Pr.es L. Peconic Associates , Inc . P 0 Box 672 One Bootleg Alley Re:NYSDEC # 1.0-89-0209 Greenport , N Y 11944 Narrow River Marina Dredging Dear Mr Wiggins : The. NYSDEC has further reviewed this application and has the following comments : 1 Information submitted by others has been verified by NYSDEC that dredging as proposed in the vicinity of the boat ramp is in an area open to shellfishing . There are many written objections from the public to dredging in this area. 2 In view of the closeness to the intertidal marshes the area to be 'dredged should be tapered away from the shore on the nort* and south sides at the seaward end of the marina . Please see the enclosure for suggested modifications to the dredging by the boat ramp and marina, 3 The parking lot is at a higher elevation than the marshes to north and south and placement of the spoil on the parking lot, could adversely affect these wetlands without more stringent controls {berms} than hay bales . The spoil site should be on the marina ' s upland property where potential siltation into wetlands would be less . 4 The proposed "dredge area no. 2" ( to the south ) can be eliminated by shifting the channel (markers) .10 ' to 15 ' to the west -where there are existing 8 ' depths . 5 Modified plans { four copies } must be submitted showing the property lines and identifying the landowners of adjoining lands { upland, wetlands, and underwater lands ) . These plans should incorporate other changes suggested above. i i I; J i '6 Prior to starting work the applicant must submit a j restrictive covenant in the deed(s) for the lot{s,) of this marina that there will be no expansion of the existing marina , y- and that vessels to be moored at this facility will not have any ";marine sanitary devices" {toilets} on board. Since there have been many letters from the public objecting 5. mostly to the extent of dredging a meeting has been scheduled '. ; .I.. on Friday, March 23 , 1990 at 3 : 00 pm' in room 223 at DEC ' s Stony' Brook' Office by George Stadnick . ,The applicant and' representa.ti:ves of the'' agencies and local groups are 'asked to attend. ' 1 The NYSDEC will determine whether a hearing will be needed ; according' to the nature of the submittals from the applicant and others resulting from suggestions and comments made at that meeting . These submittals should be received at DEC by April 9 , 1990 . If agreement is reached at the meeting and no further objections are received by that date DEC would likely issue a permit with special conditions without a hearing provided acceptably revised plans are submitted in accordance with the agreement . Very truly yours , Robert N. Thurber Senior Environmental Analyst enclosure cc. F. Dacimo vU. Bredemeyer III S . Mars W. Barton ✓J . Holzapfel �/P . Wenczel ;/E. Larsen R . Wacker VG. R. Latham, Jr . -JG . Stadnick VD. , Ninivaggi JM. Davidson . i i i Ili Ii O i Tc MPORARY SPOIL A-R E i4 DING , e r IM H At L 0 C K S . //=.1�.`1 Q..—to � -C7' �.• � ��:,' �•, 1 �. D Iu,(aC / - tt YIIOrO,SEO PIPQ � •' MAIIKQJI � .:BAY OItANQF. -4.4 n C \ -9.1 f M1.3 L! 1 -9.1 i, 1.2 2.0 ' P ROPp3dJ j, �' Mxn,ex A, AMCK NUM 6 4.4 MAR 121990 { a I OWr-C = H ;. Public Notice US Army corps of Engineem In replying refer to: New York District Jacob K. Javits Federal Building Public Notice No. 1398[}_89_0828_L2 New York, N.Y. 16278— 0090 Published: 9 MAR 90 Expires:9 APR 90 ATTN: Regulatory Branch To Whom It May Concern: The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers . and Harbors Act of 1899 (33 U .S .C . 403). APPLICANT: Narrow River Marina Narrow River Road Orient, New York 11751 ACTIVITY: Dredge with ten years maintenance with upland disposal WATERWAY: Hallocks Bay, Gardiners Bay LOCATION: Orient, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed 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 benefits which reasonably may be expected to accrue from the activity must be balanced against its 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 , 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. The Corps of Engineers is soliciting comments from the public ; Federal, state, and local agencies and officials ; Indian Tribes ; and other interested parties in order to consider and evaluate the impacts of this proposed activity . Any comments received will be considered by the Corps of Engineers to determine whether to issue , modify, condition or deny a permit for this proposal . To make this decision, comments are used to assess impacts on endangered species , historic properties , water quality, general environmental effects , and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act . Comments are also used to determine the need for a public hearing and to determine the 6vefai i public interest of the prbp'b.§0d activity. T 6" ALL COMMENTS RhbAkbikO THE PERMIT APPLICATION! 'Ah' N MUST BE PR I WRITING AND MAILEDTO REACH OFFICE BEFORE THE EXPIRAT, ION bAtt OF .It�e )1 n( �o FHf_I­SNQT­IQt btfierwi06,. it will be presumed that. tfib�6 a objections bj6Cfti6fi8' to the activity. Any p'1bksd­h may k64i!6st, in writing; b6ibi6 this pub'did n btit6 that a public hearing i6ldE6 collect, iriforfiation 'necessary to consider this application . k64uests for ,public hearings shall 1 i state; ' ' hearing if!�! : 86 ; :1 i �tith a ticu y he reasons why a public nearing sh uld be ,held. , pit, t 1 ; . .1 1. U ! I - b y* mail i i�i noted t informationil . is bilsid6ribd It sho ld e ni , submitted c n jiigt as dat6fiili ifi th ' permit , d6cis" 11oh pirio'cbs) s' and bears the same weight 4 - furnished .�, , e - I � ; � i ht as that furnished at a public hearing. iirlsiuda`riti to Seiidtii6nei 7 of the I ifiddiigered Species Act (i66 . 0 . S .C. 153,1) and based upon' a review of the lat6git published version of t e threatened and endangered species listing; a preiimifiaty determinationukt is that th6 activity under consideration will not affect those species listed or their critic-di hab' J.­Ldti . Bas6d upon a 'review of the latest published version of the kait4iloifiai kb4ist6r of historic Places , there` are no known 'Sites eligible ior, or included,. , i in, the Register within the permit area . Presently unknown atdfia6blogiddl , scientific ; prehistorical Or historical data may be I �.. : . j under q lost by work accomplished nder t; hb required 'permit. 1ke;,vi, e,;7s of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by, the U. S. Environmental Protection Agency, under authority of Section 4 0; 4' b J of the Clean Water Act and the applicant will Obtain a water quality certificate or r waiver vet from the appropriate state agency in accordance with Section 401 of the Clean WAte.r Act prior to a permit decision. Purgddrit to Section 307(c) of the Coastal Zo,ne Mahastem' '6h't". Act of 19 1 72 as amended [16: U.S.C. 1456 (c� ] ; for consideration - I m' 6ndec activities under donsid6rati n that are located within the coastal zone of a state which has a federally approved coastal zone management program; the ap: piicant has d6ktifibd ;in the permit application that the activity complies .with, and will; be conducted in a mann-er that is consistent with; the approved state coastal zone management program By this public notice, we are requesting the state"s concurrence I with,, objection to, or waiver ve I r of the applicant's certification . No permit decision will be made until one ' of the a within the coastal zone of New ions occur . For activities York; State,: the applicdnt's certification and accompanying information is available from the New York State Department of State.- Division of, Coastalu' . Resources and Waterfr6h.t Revitalization, Coastal Zone One Management m-ent 'Pro.grain, 162 Washington, Avenue,, Albany, New York ( 1,223 1 Telephone lephohe (518) 474-3642 Comments regarding the applicant 's certification should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtAiridd or requested the following governmental authorization for the activity under consideration: N.Y. State Dept. of Environmental Conservation Tidal Wetlands Permit Town of Islip Permit 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 (212) 264-3912 and ask for Mr. Michael Infurna. FOR THE DISTRICT ENGINEER: � 'L1'VVV 1J; seph J. Seebod e ] ;ief, Regulatory Branch Enclosures 1. Work Description 2. Project Drawings CDNAN-OP-RE APPLICATION NO. 89-0828-L2 PUBLIC NOTICE NO. 13§84 DESCRIPTION OF WORK The applicant, Narrow River Marina, has requested Department of the Army authorization to dredge with ten years maintenance with upland disposal in Hallocks Bay, Gardiners Bay at Orient ; Town of Southold, Suffolk County, New York for the stated purpose of providing ingress and 'egress of small boats to Narrow River Marina. The work would involve the maintenance dredging of .two irregularly shaped areas to 4 feet below mean low water removing approximately 2i100 cubic yards of material. All dredged material would be placed on the Town Landing Area where it would be surrounded by staked hay bales situated 50-100 feet from the waterway to prevent it from reentering the bay. The applicant anticipates dredging twice during the ten year maintenance period removing approximately 250 cubic yards per event . All dredged material from subsequent dredging activities would be placed at an upland location where it would be suitably retained from reentering the waterway. • TEM ORARY a SP • IL F��GEA �SoorHOLcD Town N LAB RICH � J2AMP� i N-33S 70U STORF.C,E � �y AREP tJ O, l r TO BE 0F2�DfEO _0} �/ CUL VE)PT 3 'PR.OP. C t-IANNE� Z 1 �cl MAizKEFc (iYP) y O (4 EC-,1DEtAcc e Y V �1 W ® /J-337 000 MATC Id L/n/E TO SHEET ,2 PURPOSE:. MAINTENANCE OREOCIInICI IN: FIKV—LOCKS BNX DATUM: // - '- V. 0- AT: OPI ENT ADJACENT PROPERTY OWNERS: COUNTY OF: SUFFOLK STATE: NY I)Tou/^t Oc -r-a'7A"o F-PiD DACIMO PIPES, APPLICATION BY: 2)&RaoQA P. lbrsN£5 NAXWOW__ PIWE PECONIc Assoc. ►Nc. 3)IQ,/79 S p� �N /A IAIA W CIREENPORT , NY u999 4)T,�,,z--r r�:uF[s P, =- Roo' SHEET I OF 9 DATE: 7/ /� �r3( MATCN ' • ClaIAA + if1A, N ` r Ea tr P / r grA k Lo PRU�1�C7'. ,8 s L0CIlTION P� �,Z. I _ Fr EAC q flf1�$ 'RO/ l AT I.f�5 - A1336 000 Ir 5Nd12� InlE' r .40d0w&774E bNF _ 1000.02 7 -02 04 PURPp5E AOk&15q/NC' YN': #A;t IoCk-5 SAY OJ Tl1 (: N. C,` AT: D�2/ENT ADJACENT PRO'PE'RTY OWNERS:.' COUNTY OF: SUFFOCg STATE: /✓Y 1 )' Fk'g"p PA'C/N10 ,alA APP ` 'qqpT I O.N Y ��CGN/�, MAr'//JAE�Nro 'r n/Y tiF99 PG A N` 1/l EV✓ SNEET,2 OF' 9 OAl'E: 7 /89 . MATCH L.iNE TO SHEET PROP, CHANNEL ._.MARKE2S ' (TYp.) i IV Z � G 35000 . z � v, V) -4.1 LONE' BAY yn1. I 0 O O � h q.4 _ MAT[H PURPOSE: MA/NTEn/AA/CC DJFEvq,/A/� IN: HALLOCKS 6A,1 DATUM: nG_�' Y-_ D. AT: OR'I EA/T ADJACENT PROPERTY OWNERS: COUNTY OF: SUFFOL-lle STATE: A/Y 3)Lr/xF Ac�fD r' FrE-P DArltjo, PeES APPLICATION BY: 6) NA cRow RlvE�e P-C-COMIC ASZOC., 7) MA2/A/A 2EEA/P02 T, Aly 11944 8) PLAN„ = V I w SHEETS 7/OF 9 DATE: � /89 MATCH LINE TO SHEET 3 0 `� �� -q.� N N-334 000------.—..- ----Pam-r--. -- - i ,50 I PZO? CHANNEL I MARKER (TYP) �Q M/17CP/ L/A/E Tp o i o o': Q R � cx. PURPOSE: MAlNTFnIANCE PeC)glA/q IN: HALLOCKS SAY DATUM: N• q- V. D. . AT: 0 Z I ENT ADJACENT PROPERTY OWNERS: COUNTY OF: $0FFOL K STATE: Al y F9'ED DAC/MO, PIPES. APPLICATION BY: 5.)Lurt.I?OGEB�Urs�E7 NARROW )eIVEZ 6) MAie//VA PECDM/e ASSOC , PLAN VIE%^✓ CREE/Vf'o2T,. . Al Y 11999 8) I" = 2no, SHEET4 OF 9 DATE: 7/ 189 MATC.E!- L//VE . TO .SHEET Z I fA2CA 2 L 01V PET EizS NEC K 01 N hA\ o Ef1 C, f-/ i PR'OP CNI\NNEL MARKER �/ I SAY TO I / ORIENT �1b }1 ARBO iZ ck i I PURPOSE: MAINTENANCE DREDCII-MC; IN: NALLOCVS A%Y DATUM: 14. C,. V. D. • AT: Olt/ENT ADJACENT PROPERTY OWNERS: COUNTY OF: SUFFOLK STATE: NY 5) FieEO OAC/MO, PRES, APPLICATION BY: 6)&,oXC-5L9 NAZROW ZIVCe PECOA11C ASSOC,, lA/C. 8) MAR/NA C�,eEENPO�eT, N 1' ii999 PLAN Vl E1n1 SHEET c OF 9 - '-DATE: 7/ f89 REO oR C,REEN 6AND O 00 M L.W • BOTTOM Ci D1A. BUTT DOWN W OR►\/EN MIN. 8' W Q ,a14" MIN. Wk. C,AL. WLT 0 � (�" x (o" CCA BLOCK PROPOSED CHANNEL MARKER &0 PURPOSE: MAINTENANCE DRE041AIq IN: HALLOCKS r9AY DATUM: C. AT: O�eIENT ADJACENT PROPERTY OWNERS; COUNTY OF: SIJFFOL'K STATE: A/ FIPED GgCIMQ, P2ES. APPLICATION BY.. 2) NAr2mow 2ivE,e P£CON-1e.. ASS,OC, INC, Mgje.iNA q,QEfNPo2T, yN✓ 1044 pt TA I LL . SHEET.G OF..-4 . DATE: '7� 89 I NO. 1"1 L W } 3O EX/57, S07-7-OM 3 S\LT SAND -4.3 PROPOSED CF-OSSECTION MAfZI A ENT2�NCE (NOT TO SCALE) PURPOSE: MAINTENANCE DiZEDCit�.lCti IN: HALL-OCKS DATUM: M 4. V. P. . AT: ORIENT ADJACENT PROPERTY OWNERS: COUNTY OF: SUFFOLK STATE: n/.y 1 ) FIRED DAC/MD, APPLICATION BY: 2) MA2/NA..._ -.._ __. ._ -__ PECOM/[ ASSoc•, i•vC 3) -�LAn/ �/IFW.. .. .------ Cp E1,/P02T,. n/ Y. l/999 4) _ ,200' SHEET 7 OF 9 - ""DATE: Mew 3 E REV. -4.3 To ca•o TYPICAL. C�-IAn�N£L C�2QS5ECTION (NOT TO- SC^L E) PURPOSE: MAMNTENANCE Dp-E0C, C, IN: HALLOCKS. DATUM: IV. AT: ORIENT ADJACENT PROPERTY OWNERS: COUNTY OF: SUFFOLK STATE: N•Y 1) TFL-^t4 DI1C/MD, PJeES. APPLICATION. BY: 2) e O w g/vEr PEEGW/,[ Assoc., /�t/C. MAelAIA 3) -VIEW <;�Pt ENPv�e T, n/. Y 11944 4) - 2 SHEET 8 OF 9 DATE: /89 , 1 M L\✓ MATERIAL TO BE ,QEMOVEG _ C NANNEL. CRO sS ECT l on/ AT A 2EA WIZ (NOT TO GC LE) PURPOSE: MAINTENANCE oQEocllQ(; IN: HAL.LOCKS DATUM: N, 4. V. D• AT: OR I ENT ADJACENT PROPERTY OWNERS: COUNTY OF: SUFFOLK STATE: n/.Y 1) FNA D DAC/MO, PEES. APPLICATION BY: 2) 2120W le/�/EcPECO11c ASsoc., /,4/C. MAID/A(A 3) AN VIEW Ck ENPOeT.i ^Z Y. 11944 4) !�� _ ,200' SHEET 9 OF 9 DATE: 0 .;r a TRUSTEES k SCOTT L. HARRIS John M. Bredeme er III President "� Su ervisor Henry P. Smith, Vice President w. 3c 1 � z m - Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 March 13, 19.90 Ms. Freddie Wachsberger, President Orient Association Box 347 Orient, NY 11957 Dear Ms. Wachsberger: ,. With respect to your letter of March 10, 1990, you should know that a Trustee permit was issued after two ( 2) thorough environmental assessments and a second public hearing on February 22, 1990, at which time no one spoke against the application. Since all the items you mention your letter have been thoroughly reviewed by the Board for nearly a year, I suggest you continue your discussions with the NYSDEC directly. Several additional concerns were transmitted to the NYSDEC Office by me in response to Mr. Latson' s request at the February 22 meeting. Although the Trustees have completed the S.E.Q.R.A. process, any new or relevant information presented to the NYSDEC will receive their full attention, and could lead to their agency now assuming a "lead agency" status under S.E.Q.R.A. I might add that those in the "community" who took the opportunity to participate in numerous meetings on site - (including two ( 2) following the first public hearing) , were very satisfied as to the scope of review and concern taken by the applicant and Trustees. As a result, this marina is the first in Southold to file a perpetual restrictive covenant against marine toilets, which may adversely affect shellfishing. The applicants have indicated willingness to further restrict the behavior of their customers in order to protect shellfishing as the need arises. Thank you , again, for your concerns. Sincerely, np"" ohn M. Bredemeyer, III President, Board of Trustees JMB: jb cc: George Stadnick Robert Thurber Harold Berger Town Board ' r _-• --•_•--._-.ems:..- �={��i(`- ...� • MAR 1 21990 TOWN OFS0UTF.CLD LF C) Orient Association Box 347 . Orient, New York March 10, 1990 John Bredemeyer, President Southold Town Trustees Town Hall Southold, New York Re: Narrow River Marina Dredging Proposal Dear Mr . Bredemeyer and Town Trustees, We urge you to reconsider your issuance of a negative declaration under SEQRA for the Narrow River Marina dredging proposal . Given the sensitivity of the area and the vulnerability of shellfish in the bay; the designation as a Type 1 Critical Environmental Area, and the degree of local concern and opposition, we believe that a positive declaration and a full DEIS are essential to approval of this project. The community would support some limited dredging and acknowl- edges the applicants ' willingness to reduce their original proposal . However, we believe that alternatives such as that pro- posed by the Baymen have been inadequately explored . We would particularly like to see the following concerns addressed: 1 . A determination as to the effect of dredging on a wider area than that of the actual channel : ie. , will silt from bucket dredging settle over and smother shellfish beds, and over how large an area? 2 . An analysis of the material to be dredged, for trace metal content, particularly arsenic and lead, which might result from silting due to farm washoff and road runoff . This would have a significant impact in two ways : the toxins would be widely dis- tributed in the water during dredging, and would remain in the drained spoil which would go to the landfill, creating a possible contaminant of the water supply. We believe this danger should be ruled out by a complete analysis before dredging is approved . 3 . The concern of many baymen that dredging in front of the town slip will prevent them from access on foot to the water at that point. &t w-L U -1^6-N -j `jlfi`_ "7q 4 . There should be a determination of the minimum- depth necessary for access of the type of boats presently docked at - the Marina; no dredging should be approved beyond the minimum amount necessary for the adequate functioning of the Marina . This location is too sensitive to tamper with without a complete analysis of the implications and alternatives . Sincerely, r V Freddie Wachsberger President, Orient Association f /Vn 121990 Orient Association Box 347 Orient, New York 11957 516-323-3501 March 9, 1990 Mr . Robert Thurber NYSDEC Marine Resources Room 219, SUNY Building 40 Stony Brook, N.Y. 11794 Re:NYSDEC 10-89-0209, Narrow River Marina dredging application Dear Mr . Thurber, The 'Orient Association urges the DEC to deny this tidal wetlands application until a positive declaration under SEQRA is issued by the Town Trustees and a full DEIS is completed . We will urge the Trustees to reverse their decision and issue a positive declara- tion because of the potential impact on the environment of this proposal,which lies in a designated Type 1 Critical Environmental Area; is flanked on both sides by wetlands purchased by the DEC under the Tidal Wetlands Bond Act; and has occasioned a great deal of local concern over the vulnerability of the shellfish beds, which are making a slow and precious comeback in this area . We believe that a DEIS should address the following concerns : 1 . The channel proposed by the Baymen should be given serious consideration as an alternative to that indicated in the applica- tion, and a minimum feasable depth should be determined . 2 . The extent of the area of possible burial of shellfish bottom due to the method of dredging and the distribution of silt should be analysed . 3 . The bottom material to be dredged should be analysed for trace metal content, particularly arsenic and lead . The silt is to a large extent the result of farm washoff and road runoff, and may contain significant amounts of toxins' resulting from the long-term use of toxic insecticides on local farms . Dredging to a depth of four feet will cause a general distribution of these toxins, if they are present. The proposed plan includes the placement of spoil on the town landing until it drains, and then the removal of it to the landfill; again, trace metals could, if deposited in the landfill, pose a serious hazard to our ground water . The community is not against limited dredging around the slips, and the proprietors of the Marina are to be commended for reduc- ing their original proposal . However, enough serious questions remain to warrant much closer scrutiny of the implications of the proposal in its present form. Additionally,' the question of dumping the spoil on the town slip must be addressed. The aesthetic impact, both visual and olfac- tory, will be strongly negative. And the proposed dredging in front of the town' ramp,- presumably to allow access for the dump- ing, is causing a good deal of concern to local baymen who are accustomed to being able to stand in the water at that point. Sincerely, Freddie Wachsberger President, Orient Association cc. Harold Berger George Stadnick Richard Ryan Southold Town Trustees Southold Town Board Steve Latson Ronnie Wacker SCOTT L. HARRIS TRUSTEES ; L } : John M. Bredemeyer, III, President a� Supervisor 07?' ' Henry P. Smith, Vice President Town Hall, 53095 Main Road Albert J. Krupski, Jr. � P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 March 8, 1990 Peter Wenczel, President Southold Town Baymen' s Ass'n. West Shore Drive Southold, NY 11971 RE: Narrow River a Dear Mr. Wenczel: Please be advised that a meeting is scheduled with George Stadnick, Marine Resource Specialist of NYSDEC on Friday, March 23 , 1990 at 3 : 00 P.M. to discuss additional mitigation regarding Narrow River Marina. This meeting will be held at SUNY Building 40, Room 223 in Stony Brook, NY, unless cancelled by the Baymen, or all opposition is withdrawn. Kindly let this office know whether you or Steve Latson will be interested in attending, should this meeting take place. Sincerely, ?Ij�oh�n . Bredemeyer, III ent, Board of Tru ees JMB:jb cc: Steve Latson Trustees File • yam- �,mm-=s-,.a•-ea•a`r}.J--�_" '-i '_-.y�� q•� t 9 ,� , G I K, t�,ts. It PECONIC ASSOCIATES, INC. ; FEB 2 ;4 y� U Environmental Planners & Consultants �l.i; �a` C--*O 1`�'[-,O?►e,�I3ooAlegAlley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 February 26 , 1990 Mr. Stephen Latson P. 0. Box 15 Southold , L. I . New York - 11971 Re : Narrow River Marina Orient , New York Dear Mr . Latson : In a telephone review with Bob Thurber of New York State Department of Environmental Conservation on your suggestions , he requested that you contact Mr. George Stadnick of that agency directly . Sincerely , PECONIC ASSOCIATES, INC. Merlon E. Wiggin ,Ph�. , M. E. President cc : Mr . John M. Bredemeyer III Mr. Robert Thurber Mr. Fred Dacimo MEW/iw v+ . ,AI TRUSTEES r �-i �9 j. SCOTT L. HARRIS John M. Bredeme er, III, President Supervisor Henry P. Smith, Vice President Town Hall, 53095 Main Road Albert J. Krupski, Jr. John L. Bednoski, Jr. `�r P.O. Box 1179 John B. Tuthill BOARD OF TOWN TRUSTEES Sou 971 Fax (5 6) 765-823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 March 1, 1990 George Stadnick Marine Resource Specialist D.E.C. , Marine Habitat Protection SUNY,Bldg. 40, Room 219 Stony Brook, NY 11794 RE: Narrow River Marina Dear Mr. Stadnick: Recently youragency may have received a copy of the Southold Town Trustees wetlands permit resolution issued for the Narrow River Marina in Orient. As the Town Trustees permit requested that additional mitigation be agreed upon by the N.Y.S.D.E.C. , I would like to take this opportunity to offer to meet with you and Mr. Latson of the Baymens Association to discuss this matter. Sincerely, i� 1ohn M. Bredemeyer, III President, Board of Trustees JMB:jmt enc. cc: Merle Wiggin, Peconic Associates Chris Coustopoulis, Deputy Regional Permit Administration Steve Latson, Secretary Baymens Association Trustees _ Board of Trues 7 February 20 1990 JIM FITZGERALD: Jim Fitzgerald of Proper-T if there are any questions. JOHN BREDEMEYER: Anyone else who wishes to speak in respect to this application. O.K. Being no further comment I will close the hearing in the matter of Sy Stahl. It is now 7:34. In the matter of the application of Wayne Monson, 600 Smith Drive South, Southold, to construct a private single dock, ramp and platform adjacent to existing bulkhead. CAC approved with stipulation, construction does not impede any future dock/floats for the neighbors directly across the creek or impede navigation which would be an item the Trustees will automatically view. Is there anyone who wishes to speak on behalf of the application? Anyone here who wishes to speak against the application? Trustee members? Board: No. Being no further comment, we close the hearing on the application of Wayne Monson. Next hearing is in the matter of Peconic Associates, Inc. on behalf of- Fred Dacimo/Narrow River Marina, Narrow River Road, Orient to dredge existing channel to 4' in depth (Approximately .2100 c.y. ) at points indicated and dredging marina entrance silted in from storm and highway runoff. Is there anyone who wishes to speak in behalf of this application. MERLON WIGGIN: Merlon Wiggin. Peconic Associates. This project is primarily maintenance. The material is silted in from I� agricultural runoff from the various years. The project by design does not include the enlargement of the marina. Primarily to restore and maintain and utilize what already has been there. When we got the culture zone management consistency review of this, particular reference was made to policy 19. For the record I would like to read part of that. Protect, maintain, and increase the level and types of access to public water-related recreation resources and facilities so that these resources and facilities may be fully utilized by all the public in accordance with reasonably anticipated public recreation needs and the protection .of historic and natural resources. In providing such access, priority shall. be given to public beaches, boating facilities and so forth. Also this project has the benefit of on site review. A representative of all regulatory agencies with the Corp. of Engineers, the DEC, Trustees and also a representative of the Town Board. In addition there has been a lot ofattempt made to get input from the local residence, the people that- use the area. They have actively participated in the.-project planning and made suggestions that we think have been good ones. We have incorporated those in the project. Another concern that has made itself evident in the last year is the hazards to the owners and the users of some of the small boats. A small sail boat, for example, at low tide can become a ground and because the silted nature of the water it is not safe for a youngster or children to wade a shore because they can' t move their feet silt. The project has taken all these things into consideration. We think Board o rustees 8 Febr y 22, 1990 we have got all the plans and inputs from everybody. If we can answer any questions we will be happy to do so. Thank you. r HENRY SMITH: The last time 'we spoke of this, it was my understanding that the owner of the marina and I think you Mr. Wiggin were going to get- together with the people in the area. I think it was Mr. Latham, Mr. Horton and few others and try to work out some sort of a compromise that everybody was happy. Was that ever done? MERLON WIGGIN: Yes, we have done that. On three separate , meetings and Stew Horton was one of the ones that was the leadership and active participation representing all the people. He is here tonight. HENRY SMITH: Thank you. JOHN BREDEMEYER: As a result of that meeting I think it was important to note that there were some changes made to the plan from the last meeting. For those of you who where here last month to this month and that was of the suggestion of the group that there be limits to the dredging and it not go right up to the Town ramp so. that small boat operators can launch without having a problem. As proposed it would not go any closer. The slope would not begin until ten feet out. You would not have fool depth until, probably it was a 4-1 slope, thirty feet depth off the ramp. If someone is launching a boat in the range of twelve to fifteen feet or twenty foot light aluminum boat that has to get in the water and be on the ramp surf ace, .will not have to worry about running into troubles at the end of the ramp. Additionally there were soundings taken with the Bay ! Constable and the Surveyor at that time to verify the depths. The depths were converted from MGVD into actual depths. They tend to run as pretty much as the application stated in a range -of approximately two to three feet. Being somewhat less .then what is needed to bring an outboard in. MERLON WIGGIN: There was some confusion between the depths of what we are used to being in the water. . .INAUDIBLE. JOHN TUTHILL: Your last check shows three feet. Below water? MERLON WIGGIN: Yes, mean low of the depths were 2.3, 2. 4. When you convert that to MGVD you add about 1.3 _feet. JOHN TUTHILL: I understand you have reduced the length of this dredging some. MERLON WIGGIN: We have reduced it a long time ago. Unfortunately the set of drawings that you had at the first meeting was the ones that were back from last August. We have cut it down over half since that time and reduced the area. JOHN TUTHILL: How far out is it, that we are dredging now? MERLON WIGGIN: I goes out to the south approximately 2801 , I think it is. r. e JOHN TUTHILL: Otherwise all the dredging is right around the marina itself. I have heard a lot of comments. I don' t know if it is quit as much on the dredging. It looks with in reason, alright we have to work with everybody. I think where you are placing the spoil is got more comment from the average person. Maybe we ought to set these in two different places. We will probably here something about where you are putting the spoil and what it might do to people trying to launch boats. Board of Truss 9 February 2 1990 MERLON WIGGIN: We have changed the spoils several times from the input from the DEC, primarily, the Trustees and also the owners. We are in the. position that we can still modify it again, if need be. We would like the input and suggestions from.the Board'. JOHN TUTHILL: Can you tell us what you are planning now? MERLON WIGGIN: Right now the DEC has required to come back fifty feet from the edge of .the parking lot from spring hide tide. We moved the spoil site back to the west. So it stops pretty much to the edge of Narrow River. It is twenty feet wide and has a trapezoid shape to it. We left room on .the south and west side for access to vehicles: JOHN TUTHILL: We went down and looked at .it we thought, I don't know what your measurements are, but there is a sign there. JOHN BREDEMEYER: There is a sign that indicates no dumping. JOHN TUTHILL: Yes, no dumping and if you draw a line over to the number 12 post, we thought that would be the maximum that would , be used. I understand that you have plans in there that if it did bother the people you got other things there. You might want to talk about them. MERLON WIGGIN: The owner will talk about some of those things and it would make it easier. If there are any questions we will try and answer them all. FRED DACIMO: I am glad you raised that as an issue. The only other thing I really have to add above and beyond what Jay and Merl said. When I looked at the way the area was staked out I felt that it effected the ability of the guys who use that ramp to turn. That is not what I really want to do. As a result of having to move it in fifty feet,. I guess that is still under some discussion. My feelings are that we have two perfectly good ramps at Narrow River Marina. One is paved and the other one is crushed stone. As far as I am concerned for the amount of time that spoils are at that site anyone who can legitimately use the Town ramp would be welcome to use the ramps at my marina, obviously no charge. They can use the parking lot to park cars and trailers. I don't have a problem with that. As a matter of fact I feel an obligation to provide those facilities for the people who want to use the ramp. Other then that, that is about it. JOHN TUTHILL: How long to expect the spoil to be there? FRED DACIMO: We are required not to exceed sixty days. Obviously would not exceed the sixty days. We would probably be done less time then that. What I am telling this Board is that as long as the spoil dredge is there, the guys who use the"'ramp will have the opportunity to use the ramp on my property. ' JOHN BREDEMEYER: Is there anyone who wishes to speak in behalf of this matter? w ` STEWART HORTON: Stewart Horton, Main Road, Orient. Since we met last time to consider this project, I became a member of the . . .Citizens and Hallock Committee to look into the overall situation, which I have done to some degree. I am not going to touch on the economics or the spoil areas or the general civil disputation that might come out of this. I am approaching C primarily, even though I am in favor of this project as it is turned out in my own mind, for the health of Hallocks Bay. Board oQFrustees 10 Febr*y 22, 1990 That is my primary concern. The bay has suffered some gross indignities over the last twenty years and I have touched on those before. Basically because of a very poor agricultural and perhaps land use practices. This area where the marina is, at the out fall of Narrow River. Narrow River takes the uplands through four condiments. Five if you include fluid at the upper end of Narrow River coming out of Fraud Meadow. Fraud meadow doesn' t really contribute that much because it is a fairly good - siphoning system. The last 50 probably 60 years, as long as I can remember from a child on, you 'have had after heavy rain storms, a very muddy and disturbed conditions in Narrow River going out into the harbor itself. Of course in those days, the farmers for one reason or another were not using lands. . Everything that was on those lands of course went out in the bay. Primarily in the form of water and silt. As far north as the woods on the Sound. Crossing the main highway at Brown' s Hill Road and down by the State Sump, where Bob Scott. We lost Hallok' s Bay Steamers, Grass Shrimp, a couple of crabs for about twenty years. From the middle sixties to probably about three or four years ago. They have come back. The question is, is this project going to be beneficial or is it going to be detrimental to the ongoing situation within Hallok' s Bay. Thank God we are not using the chemicals, pesticide and fertilizers we did back in the early sixties. I see Hallok' s Bay is beginning to clear itself. On this committee I did some measuring with Mr. Doug Flemming, also of Orient. We went out when the tide was in about three quarters of an hour and we found in the area around the marina and out to the flag pole (outer marker there) an average depth of two feet for silt. At the pole it was two feet nine inches. Subsequently, it was done on the same day that the surveyor and the Town Constable were there. Subsequently to that I did some more mucking around up in Narrow River and off the landing to see how hard the bottom was and how far out you can. You don' t go out to far before you hit that silt. Fifty feet in places. Twenty feet in other places as you go up Narrow River. You have a good two feet and probably more Orient top soil that has accumulated in silt form. Believe me, in my mind, as much dredging you can do to get rid of that. And believe me I am no proponent of dredging. I have always been against dredging in creeks or in bays, but dredging is a tool. In this case I think the bay itself is going to stand in good favor by taking out as much as that sediment as possible. I am just sorry you are not going all the way up to the end of Narrow River.-- I have as a . member of the Gun Club and an officer of the Gun Club and vice president of the Gun club been in contact with members of the club and found no objection to any dredging based on this condition. That is restricted to the area in discussion and that now future dredging is going to take place between Brown' s Point and Pete' s Neck. At that point we all come down heavy with a hammer. That is my comments on the situation. JOHN BREDEMEYER: Thank you. Is there anyone else who wishes to speak in behalf of this application? ED WHITE: I am Ed White from Orient. I am president of the the Gun Club. I just want to reiterate what Stew Horton jus said. We Board of Truss 11 February 2, 1990 t J are in favor of this small dredging project. I think it is going to .be good for the whole area. I am sorry to see, as Stew said, that it doesn' t go up into Narrow River more. I don't want to see it go out past that one point the, hazardous marker. I think he was very cooperative in stopping at thiat point. He is stopping at the point that he should stop, going out into the bay. I can see know harm. I have talked with alot of fellows. We are all for it. I am sure there will be someone against it, like always. I can not see any harm in it. I speak for myself and I also speak for the Gun Club. JOHN BREDEMEYER: Anyone else wishing to speak on behalf of this application? STEVE LATSON: Steve Latson. Could we see a map? Can I show this to people? JOHN BREDEMEYER: Sure. STEVE LATSON: I am not for or against this project. I think that is kind of an erroneous format. What we recommended the two times that at the meeting last month, meaning the Baymen' s Association and the North Fork Environmental Council, and at a meeting last June was not this. But rather have the edge of. . .I have clammed three times in this area. Until you get out to about where this dot is, you can' t catch clam. It is a hard bottom. It gets a little soft. It gets hard again. You get trenches where dug out 2 or 31 . Then you hit good hard bottom again. What we have. proposed is that the channel be over here, in this area. We are not opposed to these people dredging. We. are opposed to this specific area. I don' t know why they insist on dredging there. Since twice we asked them to dredge here instead. Here meaning to the south. In fact the line you have here really should be the .northern .edge of the channel. This is really the common sense place. I am glad the rod and gun club thinks this is o.k. We are not opposed to them dredging here. This is pretty dam good bottom. I am sure the rod and gun club hasn' t done to much clamming. This is good bottom. Why not dredge in here where the bottom isn' t good. JOHN TUTHILL: You are saying to move these to dots closer to the point? STEVEN .LATSON: I am saying move it so the edge of the- channel, this is the northern edge of the channel not the southern edge of the channel. JOHN TUTHILL: How about further into that channel. Where the other dot is? - STEVEN LATSON: I might cut off the last forty or` fifty feet, because I know for a fact when you come in here 'you don' t hit bottom until right about where that dot -is. Basically I would draw a line right abut here. This channel should be here not there. This is all good bottom. JOHN BREDEMEYER: In other words you are saying that the approach should be to the southerly. . . STEVEN LATSON: I am saying that this should be one side of the channel and this should be the other side of the channel. Out to about here. ( JOHN BREDEMEYER: I see what you are saying. STEVEN LATSON: I don't see what the difference is. Board oarustees 12 Febr*y 22, 1990 I am saying this looks like it is going out a little to far. JOHN TUTHILL: You are saying put out to here. . . STEVEN LATSON: Not put it here. I clammed three times this summer right out to there and then I wentiall the way across. ' JOHN TUTHILL: How about from here to there. Like this. RITCHIE LATHAM: Why do you keep over to this? STEVEN LATSON: This isn' t a maintenances project. This is a new dredging project. ALL TALKING AT ONCE. JOHN BREDEMEYER: Let' s get back into some settlement of a usual course here. The• tape. is running and no one is. going to figure out what is going on. Steve are you finished? STEVEN LATSON: In conclusion, the line I showed at the southern edge of the channel should be the northern edge of the channel. The channel should obviously go to the south of that edge. In other words the element is incorrect. I think it goes out forty or fifty feet out beyond where it needs to go. HENRY SMITH: I think we got two voices opinion. Stew Horton just said they want to get more of that silt. JOHN BREDEMEYER: O.K. Anybody for or against? PETER WENCZEL: Peter Wenczel, President of the Baymen' s Association. I just want to reiterate Steve' s comments. We feel that the dredging should be moved away from the hard bottom by the ramp. There shouldn' t be any dredging up to the ramp. That area should be left . alone. The channel should be out by soft bottom. JOHN BREDEMEYER: O.K. PETER WENCZEL: I personally have never clammed there, but other baymen have. They have personally reassured me that right off the ramp is good bottom. It would be a crime to disturb it. Thank you. JOHN BREDEMEYER: Anyone else? RITCHIE LATHAM: Ritchie Latham. I .agree with what has been said about moving it. I think it 'is a good idea. Keep away from the ramp. All the baymen I know of clam around the ramp. They want it left alone. I talked with Mr. Dacimo. I had a nice talk with him. I am not against the thing. I don't want to stop him from cleaning up his place there so he can serve the people better. One of the baymen said that if the area is closed to shellf ishing and you take all this spoil and put it on the parking lot and it runs right back into the water. Something doesn' t sound right there. JOHN BREDEMEYER: Now one has suggested that the"spoil is poison per say. r RITCHIE LATHAM: You are not allow to shellfish there. JOHN BREDEMEYER: The shellfish ban inside the"marina is based on a public health protection measure which comes directly out of some new rules the DEC is imposing. It is not a result of in water quality that they are actually monitoring. Inside the marina, it is a blanket prohibition. All the marinas now have it. Probably the swans are the biggest problem down there now for water quality. There leavings whether it is on the bottom or on the spoils or whatever, is the most detrimental thing going. This closure that they have there is not a result of "poison or Board of Trues 13 February 2� 1990 ` 4 t � high .coliform count presently. The DEC has not given any indication that they even give it serious concern at this point. RITCHIE LATHAM: It was a point that was brought up to me. JOHN BREDEMEYER: It is a valid point. Particularly when people look at marinas and see it is closed to shellfishing in the marina. Logical question ,is why is closed. It is purely a protective mechanism. This marina has a prohibition against heads. There are other marinas that might have heads. Heads have a possibility of discharge. RITCHIE LATHAM: The other thing is if Mr. Dacimo is willing to have people park on his property why not ,put the spoil there? JOHN BREDEMEYER: That matter is one that'has come up before to the Trustees. The original permissions were given from the Town Board for the use of the ramp. : There is certainly a public benefit here because the Town has little money for dredging projects. As far as public policy is concerned the Trustees have embraced a policy of not allowing the dredging of the entrance to Hallocks Bay. Over time-it would be nice to think that we can get baymen and recreational boaters with there small boats in and out with some convenience. I think this is the public benefit side of it. I can' t speak for the Town Board members, but I know how I feel as a Trustee. The public benefit side of it may have had something to do with permitting the spoil on the ramp. It does permit an improvement that the whole Town can enjoy. RITCHIE LATHAM. O.K. If you move it down,I have now objections. HENRY SMITH: Getting back to the spoil site Mr. Latham is when Narrow River first approached us about this project, we wouldn't even entertain there application until they came to use with an approved spoil site. That :was the approved spoil site. They worked it out with the Town Board, the Highway Department, the.. DEC and everyone else. After they got that spoil site approved then we entertained there dredging permit. If we were to know change the spoil site, say on his property across the street, they would basically be back to square one again. I think this is something they had to do before we would entertain this part of the permit. RITCHIE LATHAM: O.K. HENRY SMITH: There is no sense in them coming to ask us to dredge if they have no place to put this stuff. There was no way we were going to give them a permit unless they did have an approve spoil site. - RITCHIE LATHAM: Are you going to vote on this permit tonight. JOHN BREDEMEYER: We have to have comments from-all concerned here. There maybe individuals wishing to speak for the issue. RITCHIE LATHAM: Are you taking written comments for a while .or not? JOHN BREDEMEYER: I had hoped since there has been so much community participation, I would hope to lead the Board into a vote tonight. Possible try to include as much as the comments that we have heard. I think the baymens concerns are well warranted. I know there has been some original problems of communication. I don' t see why we can not come -to a conclusion here. Unless there is some unforeseen item that has yet to come Board ofFrustees 14 Febr*y 22, 1990 before the Board that another member of the public would bring to our attention. Anyone else wish to speak? C� MERLON WIGGIN: Perhaps i can answer some of the questions as far as the location of the dredging. Before we started this application we had conference on the site with a representative of the Trustees, DEC, and the Corp. of Engineer' s. At that time the suggestion was made to try and include dredging out close to the public ramp providing a public service as well as taking care of the problem inside the marina itself. Also the DEC has been very invadic, they want to keep that channel out further from the west point land. Also, I know there has been questions about where the hard bottom is, where the soft bottom is and how far it should go. We have had several surveys. We have had the surveyors up there on several occasions. We went back to the bay constable and a representative of the Orient people just to verify that we did have the depths right. That we did have where the silting started. Sometimes because it is so soupy and soft when the surveyor takes his readings he has difficulty finding exactly where the bottom is. I know Mr. Horton was present when the bay constable went out there and helped verify depths. STEWART HORTON: I think I touched on that with my comments earlier. What we did was we made a device with a good flat base on a stick with three inch . . . The bay constable and the surveyor and Mr. Seamore had something along the same lines. It was a push down apparatuses slanted to the silt. you couldn' t go much further. Then we clocked the depths at that time. The tide had been coming in about three quarters of an hour at this point. The depths again throughout were just about two feet from the surface of the water to the silt. Until we got out to flag and there we counted 21711, 219" and 2 ' 10" . Once you get off twenty yards you are in the silt: You are in the silt to the east of that area. It is just a matter of mechanics that over the years that is self accumulated. It is not made of Hallocks Bay bottom. Unfortunately that is a lot of upland that is gone. JOHN TUTHILL: Stewart, is it silt right up to this point here? JOHN BREDEMEYER: I kind of suspect that there is. I have eeled there at night. STEWART HORTON: There is silt right across in there. You don' t want to try and wade around in there. JOHN BREDEMEYER: Is the DEC pushing the channel away because of their owning that property and their fears- of encroachment? ALL TALKING AT ONCE. JOHN BREDEMEYER: O.K. We are getting off track again. Anyone else? RITCHIE LATHAM: Is this going to be monitored? JOHN BREDEMEYER: Yes, through inspections by, the bay constable. Law enforcement. .MIKE MOONEY: Mike Mooney. North Fork Water Front Contractors. As a Contractor I am interested in this job. I think moving the channel you are going to run into one major problem with the boaters that are going to try to use this facility. Right now to get in and out of the basin you are going to make such a hard turn. You are really restricting the amount of dredging. Making the channel very narrow. It would be very awkward for anybody to Board of Trues 15 February 1990 come into the south of that channel. Make a ninety degree turn and then make a hundred . and eighty degree turn to get back into that basin. The way it is set up right now, you are setting it up, it is the easiest for the flow of navigation. If you are going to make it easy and benefit the people, you have to make it the easiest way to do it. Not make a snake channel to come in and out. That doesn' t make any sense if you are trying to help the public. JOHN TUTHILL: That is why Steve' s plan is not practical. JOHN BREDEMEYER: Fred, could you and Merl come up here for a minute. Steve' s plan did not look so unreasonable. I just want to run it past you before we conclude the hearing. I think what Steve was hoping that you could put this portion over here. He was .allowing for a cut for navigation on this side. FRED DACIMO: We couldn' t come this way as a result of being close to this point. JOHN BREDEMEYER: Because the DEC says no. FRED DACIMO: They made that clear. HENRY SMITH: They made that clear. FRED DACIMO: I think Steve new that when he was at my house that day, when I explained it. JOHN BREDEMEYER: What if this is limited here to the width coming in and then the same width to access? FRED DACIMO: No problem. JOHN BREDEMEYER: What if you reduce the width to the access with the same width. FRED DACIMO: I could certainly with this. I have no problem with that. STEVE LATSON: Why can' t you cut this over here so that everybody has plenty of room to go through here. At least 60 or 70, 80 feet and just come out here? Why do you have to go in here? FRED DACIMO: Because it is too shallow here. Boats run aground. STEVE LATSON: No. Why not here. FRED DACIMO: Because the DEC won't let us come close to here. HENRY SMITH: The DEC was very specific. STEVE LATSON: Coastal Management will tell you never, never take out habitat bottom. That is before you start to talk about public access. MERLON WIGGIN: We know. We have had people out there. STEVEN LATSON: This area has. I can call up the coastal zone management and explain to them that their policy that says. . JOHN BREDEMEYER: O.K. We don' t have to get in to that. Anyone else? The initial comments from the CAC were foi' disapproval prior to scaling the project down. There is a note here with respect to scallop spawning. Temperatures of ten degrees centigrade or more would be required so that:'fe scallop spawn wouldn' t smother. By the time this does go the water temperatures will be at or near ten degrees centigrade before the inception of the project. I don' t believe that would be a problem. It is with in the confines of the basin so it shouldn't have an effect on the scalloping. Anyone else? Being no further comments we will close the hearing in the matter of Narrow River C Marina. : ALL AYES. Board offrustees 16 Febr*y 22, 1990 It is now 8:17 . With respect to the application Proper-T Services on behalf of Rita Martin, Maiden Lane, Mattituck, N.Y. to construct a walkway WALTER SMITH: You got away from me. May Ii; say a few words on Narrow River? JOHN BREDEMEYER: The hearing is closed if you could make a very brief comment we can attach it. WALTER SMITH: O.K. I am Walter Smith. You mentioned the The other thing of interest is that, as Horton as said, as this sediment has come down from the farms. The farmers in the past have used a lot of arsenic, a lot of mercury, and a lot of other materials. Has any analysis been made of this sediment. If right now it is locked. there in the bottom, it is not going to cause much difficulty. .If we start pushing it up and spreading it over the bay, are we going to have a problem. My feeling is has, a chemical analysis been done of this sediment, so we know exactly what it contains. The farmers are notorious in spreading over the years Arsenic, Mercury and other insecticides. This is draining into Narrow River.. Narrow River has more of a pumping action, a flushing action. These metals could be there in the sediment. I am not saying they are. It is something that should be looked at and looked at very closely before we put a big mound of it up and then have it slowly seep down into the bay. We should know what we are doing from a chemical point of view. JOHN BREDEMEYER: O.K. Thank you. No, the hearing is closed. This could go on for ever and ever. I think that those of you who already had appertunity to speak. Professor Smith went after the bell. I think it was bad of me to include additional comments after the hearing. This Board try' s to get as much involvement during the process. The hearing, we afforded everyone an opportunity to speak and speak repeatedly. THOMAS SAMUELS: Jay, can we just report on our solution (Susan Kwit) ? JOHN BREDEMEYER: Sure. THOMAS SAMUELS: It will just take one second. Larry was familiar with the original bulkhead behind the one in question. We now feel we can remove this bulkhead and replace the new one in place. I will talk to the Kwit' s. I will send a letter to you modifying the permit for En-Consultants. JOHN BREDEMEYER: Thank you very much. O.K. Next hearing is in the matter of Rita Martin, Maiden Lane, Mattituck, to construct a walkway 30' X 4' with steps; hinged ramp 12' X 4' floating dock 12' X 51 ; install `'two piles to secure floating dock. There is a submission to amend the. application which we received yesterday I believe. Are the dimensions different? I didn' t have the chance to review it. JAMES FITZGERALD: The walkway is now three feet wide. To take advantage of your bargain rates. JOHN BREDEMEYER: Good. JAMES FITZGERALD: It is parallel to the property to the property line. The Corp. of Engineers were concerned about it being Board of Trustees :�i8 February22 , 1990 HENRY SMITH: I make motion John Lockwood, Old Harbor Road to remove and replace his bulkhead and dredging in same location as his application so states. JOHN BEDNOSKI: SECOND. ALL AYES. HENRY SMITH: I make a motion to approve Susan Kwit to replace in kind/in place. The application says to replace within one foot but this will be in kind/in place. JOHN BREDEMEYER: We have yet received the letter I think we should look on the. application because in kind/in place is permit except and '2 don't think they are dredging. I don't believe there is an application. to dredge with this. We will have to check the application and make sure the others include dredging which requires a permit. In this case the applicant working out the mutual solution will be money in there pocket. JOHN BEDNOSKI: Second. ALL AYES. HENRY SMITH: Sy Stahl, West Road, Cutchogue to replace existing bulkhead as so stated in his permit. JOHN BREDEMEYER: Second. ` ALL AYES. HENRY SMITH: Wayne Monson, Smith Drive for his dock in front of his bulkhead as so stated. JOHN BEDNOSKI: Second. ALL AYES: ' . HENRY SMITH: Narrow River Road Marina as so stated in there latest survey (February 7, 1990) that they have worked on with the Orient people and and marina people as stated in there application. JOHN TUTHILL: I think the one thing he said on this is that it is a case that everybody has put a lot of attention into. It certainly a lot of interest to everybody out in Orient. It looks like everybody has tried hard to come to some kind of a agreement with everybody. They haven' t changed it 100o but I think it is not as far out as originally intended. They are working hard on putting the spoil and finally the DEC is holding up a little from dredging from where ever the baymen would like to dredge so I kind of feel that it is a case were all people - involved are trying hard to cooperate. I will second it. HENRY SMITH: I agree. I think people worked hard on this marina, owners, the people of Orient put there time and effort in to try and work out a deal. JOHN BREDEMEYER: I would like to add some comment for discussion now that the motion is seconded. I think that if there is a possibility the DEC could move the channel to the southerly and incorporate the comments of the Baymen§ Association we should. It is in keeping with the Coastal Zone Policy. It is good DEC Policy, good Trustee policy to try to avoid as much as practical, the shellfish beds. As a long range policy that it should be noted that the marina already has a "no head" rule I Board of Trustees 19 February 22, 1990 would like to see it incorporated in a restrictive covenant in perpetuity for this site give the important of shellfisheries there. They are already doing it. They seem committed to doing the right thing so I would like to see that formalized in something that forms with the land. That is what I would like to have included in the motion. If it is impractical to move the channel and the DEC won't alter their position then let the current plan we have stand. To the maximum extent practical I would like to accommodate the the Baymen on this. HENRY SMITH: O.K. You can put that in my former motion. JOHN TUTHILL: I will agree with that. ALL AYES. JOHN BREDEMEYER: Seeing that there is a limited dredge window I would request that the tentative language on the restrictive covenant be handled expeditiously through the Town Attorney. At least getting the memorandum of intent on file with the Town Attorney prior to filing. PETER WENCZEL: I just want ask, are you going to dredge up to the ramp? JOHN BREDEMEYER: No, the plan is ten feet off the end of the ramp. In other words as per access the channel as proposed , no. As Steve said try to get the access channel to the marina to the south as much as possible. The plan as submitted goes only to ten feet off the concrete base of the ramp. The slope will start there to the four feet below mean low water. You could probably launch a twenty foot boat and still maintain very similar slope to the ramp. It would probably end up being almost identical to the current slopes on out when you bring it out. PETER WENCZEL: It essentially the same thing, John. JOHN BREDEMEYER: It essentially the same. It will look very much like the ramp when you extend it. O.K. Just to recap that, a motion was made and seconded and amended to include a C&R for no heads and to move the access portion of the channel to the marina to the southerly most end if agreeable by the DEC. Vote of the Board: , ALL AYES. HENRY SMITH: Next one on Rita Martin. I make a motion that we approve the application with the stipulation that the walkway be changed to three feet and to make the float parallel to and fifteen feet off the property line. JOHN BEDNOSKI : Second. ALL AYES. JOHN BREDEMEYER: O.K. If there be no objection I would move that the Board take a five minute recess before going back on the regular agenda. ALBERT KRUPSKI: I will second that. Meeting was resumed. V. MOORINGS: /70 Board of To*Trustees 11 JOHN BREDEMEYER: In the matter of the NARROW RIVER MARINA, • we C, will open it for comments which we will annex to the public hearing when it is held at the next meeting, when it is scheduled. ALBERT KRUPSKI: Why are we doing this? JOHN BREDEMEYER: Because the chairman at the last meeting had indicated we would go to public hearing, and a number of people had called the office and were under the impression there would be a public hearing, and subsequently there was none scheduled. JOHN TUTHILL: There ale a lot of people here. JOHN BREDEMEYER: We might just as well take time. OK, anyone wishing to speak on behalf of this application? My name is HARRY FARRIELL: I'm a resident of Connecticut and owner of a 22 foot boat which I use to come visit this beautiful . area on a number of occasions during the summer. I would just like to relate to you what happened on Monday' s outing. We came , over to visit the Narrow River Marina, and upon approaching the marina in the area for public boats, launching area, what appeared to be a sufficiently wide channel, was in fact, quite shallow. Our approach was made during low tide. The out-drive on my boat struck the ground, we lost power. Boats were being launched from the launching area. At that point, it was �. necessary for me to go inside to keep my boat from other boats that were being launched. In doing so, I received quite a severe cut on the foot. We eventually tied a line on the boat and towed it in to the marina with another boat. It' s just my feeling that this dredging project, certainly makes for a much safer approach to the marina, especially in the area where 'the boats are being launched from the public launching ramp. It gets a little congested in there, due to its being so narrow in depth at low tide. Do you question that? JOHN BREDEMEYER: There' s just one question I have. Do you have a marine toilet on your boat? MR. FARRIELL: No, sir, I don't. JOHN BREDEMEYER: OK, thank you, any questions from Board members? Anyone else wishing to speak on this application? MERLON WIGGIN: Just appreciate the opportunity for the - people to come and talk about the Narrow River Marina project. I think that maybe the public, people have heard.-about this, like there' s some misconception about this. I' ll. try to provide some clarification. Also, those who took the timerfo come here, right after this, if they would like to see the drawings, the photographs, etc. , both the owner and myself will be available. We can go out in the hall or whatever they would like to do, if they want to look at the drawings in addition to what we talked about here. First of all, the project is primarily for dredging. It' s not, like some people may have heard, for marina enlargement. There is no plan to enlarge the marina. The boats are small; there will be no heads. There are no heads on the Board ofoown Trustees 12 • boat. This marina is at the end of a historic channel, which goes back many years. Those that remember the old part of Orient, those who have seen the diary and seen the pictures of when they hauled manure in from New York,tCity and used all the' farmland. They went adjacent to this area, to unload it. Also, they shipped produce out of this; there here side wheels that have been in there and two master sailboats, I'm sure John remembers this. A lot of people talk about this. One of the things we tried to do is utilize that existing channel to sharpen the area that the boats travel back and forth in Hallocks Bay. The cause and the need for this dredging is from silting that has occurred over the years. primarily from two sources: the state runoff, from the highway and particularly, the culverts under the road, under the town road, and this has caused a lot of build up of silt in that particular area. In fact, when we talked with the Town about getting the permission to stock pile, temporarily, the spoil on the Town property that they said they would try to get some preventive action to try to limit that runoff and silt that has taken place. As I mentioned, the proposal does include the dredging in front of the Town ramp. This is being done as a service by the owner. It' s at his expense, and people don' t want it cause he' ll save money by not doing it. He •felt from comments here, heard, that the access by the people of Southold Town . .tape being changed. . . .as a I was talking about, there are hazards that have been developed to the use of the small boat, and that is when the boats run aground at low tide, the silt is so deep and it will not support the weight of a . . (someone coughed) . . or even a child. I 'm very concerned that someone at low tide, get in there, especially in the early spring, and they try to walk ashore, even though the water may be only a foot deep, it does not support the weight and we are worried about someone getting injured or drowning in silt, and we don't want that to happen, in interest of boating safety. As far as the shellfish, the owner has observed, and he has been in this area, as far as we know and he knows, there' s has been no shellfishing in that area of proposed dredging in the two years that he has been there. We discussed the shellfishing with the shellfish people in Stony Brook, they are familiar with the area, they described the conditions, and its their opinion that because of the deep silt will not support either scallops or clams. The shellfish is good outside that area as those as we know clamming in that particular area. To try to do this project right and get everybody involved in it, we .held an on'-site meeting with the representatives of the . regulatory agencies. That was back in May of ..1989. Present were Corps of Engineers, DEC, two people from DEC,, `persons from the Town Board, Town Trustees, and observed and looked at the area and discussed it in detail, and the application was based on the result of that discussion. Believe me, we spent hours going over this, and reviejing it, so when it came to the application, we followed the guidelines that were given us at that particular meeting. Of course, a lot of time has gone by since that, since May of 1989, and during that time, the Coastal Zone Management has reviewed the project; they've issued their consistency Board of To Trustees 13 • evaluation, which is positive, and the COE is ready to issue their permit; the DEC is waiting on the Town before they do �- theirs. A concern of the scheduling is ,the window that the DEC is going to ask that the dredging be done prior to the end of April. We also have Town Board Resolution approving the stock piling of the dredge material with limitations, as you people are already aware. I will ah. . . there' s also other people here, including the owner that would like to comment on this', and hope you will bear with us and as you pointed out, some of these. people may not be able to come back again for the public hearing. Thank you. JOHN BREDEMEYER: Anyone else wish to speak on behalf of this application? MY NAME IS IAN MCLAUGHLIN, I'm. a resident of Riverhead Town, and I'm also a small boat owner. My wife)and I have kept our boat with Narrow River Marina for the last summer, one season, and I 'd just like to speak in favor of _granting the permit to dredge. I am familiar with the project; I have discussed with the owner, and I can tell you from first-hand experience that we've had this year, at low tide, with a very small day sailor. We have had on two occasions, to literally have to jump out of the boat and hand carry it into the slip because of the silting directly in front of the marina. I literally was up to my knees and beyond in silt and it wasn' t a very pleasant experience. On numerous occasi.ons,.. I 've also witnessed local residents trying to use the public ramp, run into the same problem, and I have also seen them up to - their knees in silt. It is a potentially dangerous situation, I would think, and certainly bares looking at. My wife and I, although we are not residents of the Town, are very concerned about preserving the environment. My wife, as a matter of fact, is a biologist at Stony Brook University. She' s got nothing to do with the shellfish industry, and she would be quite upset if a project such as this, would upset the environment. So, just as a boat owner who is concerned about the safety and .the use of facilities in the water surrounding this area, I .strongly urge that you grant this permit. Thank you very much. JOHN BREDEMEYER: Anyone else here to speak on behalf in favor of this application? I 'm FRED DACIMO, I own Narrow River Marina and I just want to reinforce a couple of ideas. Number one: we' re a small operation and my plans are to stay that way. We try to cater to - local people, Southold people. As a matter of fact, I notice Ed White is in the audience. I'm a member of the .-Orient Rod and Gun Club, and I extend a ten percent discount -to any member of the R & G Club with the thought that those are local, I try to, ah, really, ah. .do business with most of our local people. Also, as Merl mentioned, we had Ruth Oliver, Ellen Larsen, Freddie Wachsberger representing the Orient Association at our house, reviewing the plans and they had no objections to it. And as you know, the Town Board voted it was okay to put the spoils, temporarily on the Town ramp, which in my mind was a back-door endorsement of the project. I also have a petition that signed off by approximately thirty-five people, and that' s, Board of&wn Trustees 14 i I think I had thirty-eight people, ok, in the marina that support the project , and I would like to submit this to the C Board of Trustees for, you know, their consideration. That' s about all I have. JOHN BREDEMEYER: A quick question, the petition, you' re saying that these names are in addition to those people who normally have boats in the marina? FRED DACIMO: No, those are the people who had boats in the marina, although there are some names on there that don' t have boats in the marina. ALBERT KRUPSKI : Could you clarify what do you mean by a back-door endorsement by the Town Board? The Town Board has no regulation over this, actually. FRED DACIMO: I didn' t think that they did, except that I would assume, and I may be incorrect,_ that when I made the request to put dredge spoil on Town property, if the Town Board disapproved what the process of the project itself , I would assume that they would not vote to do that. ALBERT KRUPSKI : I don' t believe the Town Board reviewed this project, did they? JOHN BREDEMEYER: They reviewed with respect to spoil placement. I would suspect that there were some preview of the facts surrounding it, but we can't speak for the Town Board. They obviously had to have looked at some of the concerns about use of the Town ramp there. That was discussed, we have a resolution in the file on that. JOHN TUTHILL: John, do we have a map of where this. . . ? JOHN BREDEMEYER: Yes we do, we have a map. OK, anyone else, thank you, Mr. Dacimo, anyone else to speak on behalf of the application? OK, anyone here, ok, are you going to speak on behalf of the application? LARRY TUTHILL: . Yes, I'd just like to say one thing. I think the reason why this area is silted and so muddy, is actually, it has been dredged, probably, about in 1960 by Malloy of. .over in New London, and I think that this probably should be taken under maintenance dredging, because it was -.done prior to this, and that' s why it is so silted and muddy in that area, and it . was done by Ed King back in 1960. JOHN BREDEMEYER: The Trustees were considering other maintenance type as far as our initial review of it. If we did realize there were some activities there prior, and there' s the old channel that goes up to it. " ALBERT KRUPSKI: We've never seen any documentation proving that though, and we need. documentation. JOHN 'BREDEMEYER: As far as the old Hallock ehannel, the photographs were submitted. . . ALBERT KRUPSKI: I 'm not talking the Hallock channel. I 'm talking about the area of the ' boat ramp. FROM AUDIENCE: Do you need documentation on it? ALBERT KRUPSKI : Oh, we would, to consider it a maintenance project, absolutely. JOHN BREDEMEYER: Anyone here to speak against the application? Board of To*Trustees 15 • RICHARD LATHAM: Some of our people left,' I guess they misunderstood and thought it was cancelled, and I guess we'd have more people if more people knew about it. JOHN BREDEMEYER: Well, there' ll be a full formal hearing after notification, so. .go ahead. RICHARD LATHAM: The. .ah . .brought up the original marina, which is illegally placed there; no permit, dredged with no permit, and I don' t consider this maintenance dredging. I think that we have a good bay, it' s coming back, and we' re just going to open it up to some of these bigger boats and . .ah. . problems. It' s just a start, it' s just a start. It' s not a real big deal, just a start. ',I think you cut it down some, as far as I can see, and I think that' s good. I think it should be cut more. The launching ramp should be taken out and put it back behind the line where it' s not" suitable for shellf ishing. We don't want to take it away from the owners, everything, they've got to have something in shoal in there. The survey that you have and the last letter, I think it' s January 2, don't seem to match up. JOHN BREDEMEYER: With respect to what? MR. LATHAM: Well, you said no dredging in front of the ramp, but it shows that on the survey. JOHN BREDEMEYER: That has got to be clarified. I believe that in connection was the shoal that the DEC required removed, which was that area immediately to the west of the ramp between what would be the ramp and the Kerb' s property. That, originally was all that area was included and that's not very specific, that language, but what happened is, the DEC removed that shoal which is full of clams from the dredge project and that was what was meant by no dredging in front of the ramp. The Board hasn't really made a decision on that ramp. We' re still gathering, I think, it' s a question we' re still gathering information, the pros and cons of permitting the immediate area in front of the ramp to be dredged, if any dredging is to take place at all. MR. LATHAM: As far as shellfishing in that area, people are getting shellfish out there, they have. It' s not a dead area. As somebody mentioned before, the marina *is good for small boats. It' s what it' s doing now, sailboats, outboards, a twenty-two footer that came in and got stuck, is stretching it a little bit, I think. That' s my opinion. If you also advertise "full service" , and this .marina advertises full - service in some folder, and now I don' t believe-,that it is or maybe they intend to be one, but it' s not now. . ,'I don! t think we want to see a full service marina there. As far as the Town Board, I can' t believe that . the Town Board would do a thing like this just for anyone. I just don' t know why. They' re just going to make a mess out of it. It' ll be a mess when you put 2000 yards of dredge spoil on the place I would think, isn' t it? Who' s to guarantee, without a performance bond, it' ll be put back the way it' s supposed to be? JOHN BREDEMEYER: The Town Board, in its wisdom required an insurance policy which is a. . . Board ofeown Trustees 16 r MR. LATHAM: That' s a liability insurance, I believe, it' s not a performance bond to make sure the work is done. JOHN BREDEMEYER: Are you suggesting that if. . . MR. LATHAM: I'm suggesting a performance bond for whatever ' you do. I'm also suggesting, whatever you do, and I hope it' s smaller than what you want to do, that you have a covenant in perpetuity to restrict further development and enlargement of the marina. I don' t think the people can make a full living out of this thing. It' s a good marina, but you know, it' s not a big one, cash generator, I don't think, and they want to enlarge it. INAUDIBLE, RUSTLING OF MAP It's coming back, just as sure as we' re standing here. There' s going to be scallops there pretty soon. It' s the last good bay we have. Thank you. JOHN BREDEMEYER: Thank you, anyone else here to speak against this project? I'm not going to speak against it, but I'm going to speak to get some information. (Stewart Horton) STEWART HORTON: First of all, I have no objection to this project as it is constituted, but I do have some questions. Number one, I am not at all familiar with your procedures as far as issuing resolutions before a public hearing, how does that take place? I may be very naive to ask that question, but that seems to be, again, attacking behind them. JOHN BREDEMEYER: OK, if you would like to direct me, I ' ll be glad to answer that: to you. The State Environmental Quality Review Act -requires an assessment to be made of a project and declaration of Lead Agency. In other words, who' s up first, as the beginning of the process, and so essentially, what takes place, whenever an application comes in, the Trustees have to co-ordinate, particularly when it' s in a critical environmental area. We are required by State Law to co-ordinate our activities with the other involved agencies, and for us to conduct any business of do-ordination or any other activity, we have to do it by resolution of the Board, because we have five individuals here with all very different ideas on many different things, and it requires, at least with- respect to the applications that are under SEQRA, that we -.do such a thing. So we decide with the DEC who' s up first. In this case, the DEC . initially sent us a letter out, saying that they are assuming we' re up first and we never even went through the trouble of making that formal resolution, and that' s why you have some resolutions that show up prior to the public hearing, but they have nothing to do with the substance of the, as far as lead, the substance of the issuance of a permit or any of the conditions on a permit. That has nothing to do with it. MR. HORTON: - . . .INAUDIBLE. .It says here thatrft' s going to be dredged our feet. Now, is that four feet from bottom level, MLW, or what level? JOHN BREDEMEYER: That' s designated usually BMLW is standard. MR. HORTON: Well, as I said, I personally, and I don' t think many are in this who are somewhat concerned about this are really concerned about this project per se.. The problem is, and I ' ll put it in my nutshell. Basically, there is a lot of undercurrent against this project in. Orient, and I think a lot Board of To rustees 17 • _ 4 � of it is based on this information. There is a fear and a distrust of the local politics and state politics along with all the other politics, but we have a situation mark going. This leads off almost to the northeast wing of the old channel, almost. That' s deep. That channel goes right. back to Browns - Point and immediately runs into shoaling where it' s going in between Browns Point and the. Peters Neck. Word has come down to some of us who are rather active around Hallocks Bay as hunters and environmentalists, bay people, residents that the Town was going to apply for maintenance dredging permit to make sure, if in some horrendous storm situation and Petes Neck is closed, we can get the County in there and bail it out. Now, by the expression on your face, . this is news to you. But this is going on. That leads to a point of, well, we have done this project, and perhaps there are certain machinations that take place over the next few years, and wouldn' t it be a good idea if we dredge out between Browns Point and the Petes Neck, or various. . . .Now this is the psychology you' re dealing with in Orient, and I don' t believe you, as a Board, can give us any reservations or guarantees that this would not be the case in the future. JOHN BREDEMEYER: Well, I ' ll give you a guarantee right now. For the term of my office, I've got four more years, I' ll never vote for any dredging in the entrance of Hallocks Bay. MR. HORTON: I 'm sure the present Board has constituted that it never would. These are some of the underlying concerns. I think they should be addressed, and they probably will be further addressed at the public hearing. So as I say, at this point and time, I have no negative view. I think the maintenance dredging there, it would remove hydrocarbons- that have been there from prior usage of heavy metals from the old dump that were there in the 30' s and 401s. Fine, but it does lead to the Pandora' s Box. JOHN BREDEMEYER: While you're on the subject, since you said it, what about, what prior activities do you know that we should be aware of as far as the immediate area? You said hydrocarbons and heavy metals. MR. HORTON: Probably just about that area alone. The agricultural activities in the 30' s 40 ' s and 50' s are the parathion and malathion, all the other good things they used. We' re now beginning to see the return, seeing small steamers, seeing some grass shrimp, little fiddler crabs. It' ll be a shame to reverse that trend. As Richie Latham said, it' s the last, not pristine, but the last finest bit of water we have in Southold Town, and we'd like to keep, it that way. So, I think, perhaps more reassurances might be in.'Srder. I got up here to say my piece. You've answered my questions, I think I put out a little information for everybody. I thank you.- JOHN BREDEMEYER: Thank you. JOHN TUTHILL: We have a real expert here. Ed Adams, I wish you'd come up and show us where the old channel used to be. I 've got the map here. VIEWING THE MAP Board of wn Trustees 18 ED ADAMS: If you want my opinion, I don' t think there should be any digging done out here at all. REVIEWING MAP AND PICTURES JOHN BREDEMEYER: Is there anyone else that' s going to speak on' this matter? I'd like, a rough show of hands so we can know where the meeting is going. f' JOHN HOLZAPFEL: In general . . . . ( inaudible,more than one voice) state highway runoff. Are you talking from the Main Road? MERLON WIGGIN: From the Main Road JOHN HOLZAPFEL: Just a ,point, I've done some puttering around back there, and I suspect . . . . . .more than one voice, cutting out speaker. JOHN TUTHILL: Mr. Wiggin, would you like to come up here and we' ll show you where that old channel used to be. JOHN BREDEMEYER: Is there anyone to speak against this application? If there are no further comments from the people here tonight, the Board members have any questions or have anything to say? JOHN TUTHILL: Well, I've got one comment on it. I think this (survey or map) shows digging out around the marina and into the bay, but also shows about 700 or 800 feet right out into the bay, and that was not the old channel that we just showed. It doesn' t seem to me that there' s any reason at all for digging this 700 or 800 feet straight out into the bay. Now, we might . make some compromise and dig it out right next to the marina a few feet from the end there. JOHN BREDEMEYER: That' s something to think about for the future. JOHN TUTHILL: That' s my comment on it. I think Hallocks Bay is a , it' s what everybody' s been talking about and wanted to save and everything. Digging the channel like that is not one way to do it. JOHN HOLZAPFEL: One comment—I just—what is the application as it stands now? It' s been revised a couple of times, it wants to dredge out the marina area JOHN BREDEMEYER: Why don't you come and take a look? Steve Latson, if you want to speak while they're looking at the map. STEVE LATSON: I'm a representative of the Baymen' s Association and also I 'm in the North Fork Environmental Council. I just want to make a couple of comments, cause I met the same day that Ellen, Ruth and Freddie met with the marina operator, and the map that was there then, we had a lot of problems with. And they had no problem changing the map, the only thing is, now the map isn' t the way we changed it, whatsoever. What we all agreed to that day, If I could show you. JOHN TUTHILL: Sure, we need to know that. H6re' s the map. ' STEVE LATSON: Well, first of all, we all agreed that shellfishing is very good in front of the boat ramp, which it is, it' s excellent, it' s all hard bottom. You've heard testimony that people sink in silt there, that' s not true, whatsoever. Out in the middle it is very silty. You have to go about 75 feet off the boat ramp, the end of it before you get to the real silty bottom. Historically, twelve years ago when I Board of Tow rustees 19 • t .J kept my boat at this marina, it was the same depth then as it is now. JOHN BREDEMEYER: At the marina or at the town landing? STEVE LATSON: I kept it at the marina. /I was rich then. Anyway, you know I had, to pull my engine:;lup to get in there at low tide, and it' s just always been very'-shallow there. I don't think you've seen a lot of silt collect in that area because it' s so shallow already. It' s too shallow to collect more silt. What we finally decided, though, was instead of all this dredging area around this area where there is good shellfishing, in other words, this line is about where the line of good shellfishing ends. We said, if they did propose the channel, it should just go right out the middle, if anything favoring the Samuels. or ex Samuels -property, be maybe twenty-five feet wide, it' s just go down like two feet,, and then you'd have three feet of water at low tide, and that would adequately service every boat, go no further out than where Frank Begora' s stake is; I don' t know if it' s still there. (pointing on map as to location) Just have a narrow channel, and the marina operator said that was fine and we have no problem with the bays. JOHN BREDEMEYER: I think the DEC, I think was one of the ones that did the reviewing of plans, had reluctance of running along that shore, but I'm sure, if that' s a concern and we have valuable shellfish lands, we could ask for reconsideration on the line of that. STEVE LATSON: I think what to remind the DEC is that per square foot they' re paying more for the Koke-Kerb property than they did the Samuels property. And then they ought to go a little closer to the Samuels property, possibly, and especially because that it is real dead bottom, as long as you don' t get out too far. This is the kind of revision we'd like to see and the day we had the meeting with the marine operators, they seemed to be very happy with that. Since then, someone suggested to me that the real reason they want to dredge the boat ramp area so they can get the barge in there either at low or high tide so they can get rid of their spoil. And, you know cause at that bay, well, we don' t want to disturb shellfishing. Well, I said this is a great shellfish area and anybody in town knows that. They ought to re-draw this thing, put the channel right through the middle more, keep it to the south, if anything, make it narrow, make a minimal channel, - minimal expense to them, and personally, I don' t` see why they don't use their own parking lot for the temporary spoil. That's the way I. feel, and I think the NF Environmental Council feels that way and I think a lot of baymen feel thaf way. We didn' t discuss it at our last meeting, but you know, otherwise, it' ll be okay to do a nice small job. JOHN BREDEMEYER: I 'm going to say one thing. I 'm very concerned about the future, as several people have said. I'm wondering, cause assurances will be what a lot of people will be ' looking for. I 'm wondering, is the operation, Mr. Dacimo, prepared to accept restrictive covenants that the Trustees might place upon it with respect to boat size, and/or degree with Board o own Trustees 20 which it might request to expand operations in the future out into Town waters? Because, essentially, the operation there exists at the pleasure of this Board in that all the activities are on Town bottom. MR. DACIMO: Yes, I understand, the bottom that' s in the marina itself, I own, OK. That' s my understanding. I am certainly willing to accept a size being placed on boats, absolutely, that' s not a problem, provided that it' s bounded by the boats that are currently in the marina. I guess the second thing is, as far as where the channel goes, there' s a clear misunderstanding between Mr. Latson and myself. It was very interesting because at the end of our discussion at my house that day, it was my impression that Steve was clearly disturbed with the compromise that was made between Ruth, Ellen Larsen, Freddie .Wachsberger, and myself, and Merle was there also. ' So, I guess, there is .something, something missing here, I 'm not exactly sure what that is. The third thing I'm very concerned about is, we can go out and put on a set of waders today, now that the ice is gone, and I'd like to see the hard bottom. There are a number of people who will tell you that the bottom is full of muck right across and there isn' t any hard bottom in that area. I am absolutely amazed that he can sit there, stand there and say that. ALBERT KRUPSKI: What was the meeting with Ellen Larsen and Ruth Oliver and Freddie Wachsberger? MR. DACIMO: The purpose of discussion . . .INAUDIBLE. . . . . brought up an interesting point as far as what kind of information is out there on this project, and really our intent in that discussion was to explain what the project was and get input from different individuals. ALBERT KRUPSKI : But, you used the word "compromise" in that, that just goes back to the back-door deal you talked about-with the Town Board that . HENRY SMITH: It was just a figure of speech. ALBERT KRUPSKI: Let me finish, let me finish, please. I don' t understand why or how you're making a compromise on the project with the Board that you are dealing with not present. I don' t quite understand. MERLON WIGGIN: I would like to clear up the misunderstanding. It was a pre-application meeting at the site with representatives of the Trustees . . .INAUDIBLE. . Albert Kruspski spoke at same time saving he was present. ALBERT KRUPSKI: No, no, I 'm referring to a separate meeting with members of the people besides, besides members of the Board of Trustees. . . . . .INAUDIBLE. . . .someone in audience speaking at the same time. r FROM AUDIENCE, POSSIBLY MR. DACIMO: The purpose of the meeting with the Town Board individuals was really to cut them into the project, because we were asking to place spoil on the property. In response to the other point, as far as dredging in front of the Town ramp, I won' t be in that dredging project in front of the Town ramp, it' ll save me some money. I'm offering _ that just as a service to the Town. If the Town does not want that, I will be glad to delete that from the project. ` Board of TowOFrustees 21 HENRY SMITH: It seems to me that a while back, you came to this idea of this dredging -thing, and we told you that you had to come up with a spoil site before we could even consider it, and. I think you came up with that spoil site:,, So right now we' re in a considering stage, and from listening to these people in Orient and listening to yourself, the people of Orient are concerned with the future of Hallocks Bay, which I can' t blame them, because the track record in the rest of the Town is not that great, and you want to get your boats in. So it seems to me that they're not probably against your project, but they want to go small, they want to go easy, and I think they just want it enough so you can get by' and they don' t want to restrict your boat, but they want to keep the project small and I think if we restrict the size of. the boat that you have in there now, and I think a plan could be made out from the most of the rest of these people and yourself. MR. DACIMO: We are willing to work with the proper individuals to do that, certainly. We live in the house that' s on that property, and I don' t want to see, you know, 35 and 40 foot cruisers with heads come in there. I love to fish, I love to duck hunt, I like to shellfish, I enjoy . . ah. .you know, the whole attraction to us buying that marina was .exactly the thing we don' t, . . we want to continue to enjoy those things, ok. Because we live on the property, it' s not like, maybe, smaller operations where business, fulltime business and, you know, we don' t really see it they way. HENRY SMITH: I agree, but I think that, I have a feeling that, you know, between you and the residents of Orient and ourselves that something, eventually, can be worked out on this. MR. DACIMO: I guess I would want to comment that the . .ah. .from the marker that' s out there to the marina, if that can' t be dredged, there's no sense in doing anything. HENRY SMITH: But, you know, the people of Orient, I mean, you know, they. . a couple of years ago the State, I think they came to us. and they wanted to apply for a permit to dredge in Pete Neck. They weren' t going to do it, they just wanted to .apply for the permit, so if they ever needed it. or anything like that. Well, these people shot them right down, and you know, which is their prerogative to do, but you know, they want to go very lightly here and they' re scared. I don' t blame them because the State is buying land in there, taking land over," and the State owns all that park property, and there' s no telling what the hell the State will do some day. They are liable to make a State marina in there or something or try to- or do something like that. You know, these people are very concerned, so I think that the. . . they will work with you, but let' s keep it really down to the bare minimum MR. DACIMO: As owners of the business, we' ll certainly provide the necessary assurances to the people that what I'm saying I want to do is all we will do. HENRY SMITH: Right, I'm sure most of these people here are your friends in Orient. I mean and they just, you know. .so Board of wn Trustees 22 MR. DACIMO: We' re willing to do whatever it takes to provide that, those assurances, whatever policy or whatever it takes to do that. HENRY SMITH: Right, but, you know, I think, after this meeting is over you should tally to these people aid see how you can scale down this project so you can live with it and they can live with it. Then you come back to us with an application, I think there' ll be no problem with it. But right now, I think you have to talk to the baymen and residents of Orient and things like that to get the project so. . . JOHN TUTHILL: If you want to start a little meeting like that with some of the people that work around there and everything, I'm also from Orient, I' ll be glad to sit in there with you and see what we can work out because we still don't want to mess up Hallocks Bay. MR. DACIMO: Nor do. we .want to see Hallocks Bay messed up. JOHN BREDEMEYER: Ok MERLON WIGGIN: We' ll take that off—we've been doing that, working with the Orient people. . HENRY SMITH: But I think the biggest thing with the residents of Orient, there was a lot of mis-information going around, and I think once the people get the .right information, why, you know, there' ll be something that can be worked out. JOHN BREDEMEYER: OK, anyone else to speak on this? OK, if there' s no other comments on this, I 'm going to ask that we go into about a 5-minute recess. HENRY SMITH: Sounds good to me. AL KRUPKSI : I ' ll second that. C! MEETING IS RECESSED. JOHN BREDEMEYER: Will you take the minutes in the absence of the Clerk? We' re going to move three items. JOHN TUTHILL: You' re talking to me? JOHN BREDEMEYER: Yes, you' re alternate clerk, if you just take the minutes on this. These are three items with respect to the critical environmental areas. The first one is to amend the designation to .read the entirety of all named creeks and Arshamomaque Pond .to the north of State Route 25. The amendment is to mean Arshamomaque Pond should be north of State Route 25. All right, the reason for this is the designations where we've had highways in the past, we've designated north of the intersecting roads We did that down at Kimogener Point, as you recall. May I -_have a resolution on that? JOHN BEDNOSKI: So moved. AL KRUPSKI: Second. ALL AYES JOHN BREDEMEYER: The second one is to include all of Deep Hole Creek inclusive of all tributaries north of New Suffolk Avenue and east of Meadow Lane (At last month' s meeting the tributary, which was off Meadow Lane, had been omitted when maps were drawn) . HENRY SMITH: So moved. I i SOUTHOLD No. 3109 • T® �. �w �. Date' ov-ja- AddressOSS �� n cc �., t 110'ryaw eus" , Oc: 0-ok THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION ,. TOWN TRUSTEES OFFICE TOWN OF SOUTHOLD SOUTHOLDl N.Y. 11971 TEL.: 765-1892 r� .�,.•rN�. r ..w1m'N./ii�w t.:�d1i1..y � •t a.\\ti /4iN{s{'�,'': // Y.� x ff�:.:� rt� ':V .. '�w- -.�r�� � 'y�`A�o'- � ��:'9�Y�►.�': ..a•,`®.�i'i" W- y ��` .'K� L �\J �_i�y> � ppyy y - i) Board Of Southold Town Trustees SOUTHOLD, NEW YORK !�•' -�s�. .,. • f PERMIT NO. 380.9... DATE: .Feb.....23.,....1490 .: ISSUED TO ... Taxxow........i.Y...x.......................... ... . ....... ... .. e arena 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 �- ~ '. 'I State of New York 1952; and the Southold Town Ordinance en- !;. ~ titled "REGULATING AND THE PLACING OF OBSTRUCTIONS �b• IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM iF r �y LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on ...Feb......2Z..... 19..9.0...., and in consideration of the sum of $........... ................. paid by :,� .E, :. ..................................:.................................................................................................................................... of b N. Y. and subject to the Terms and "Conditions listed on the reverse side hereof,. of Southold Town Trustees authorizes and permits the following: F. Dredge existing channel to 4' in depth (Approximately ; �►-`� 2100 c.y.) at points indicated and dredging marina s a,, entrance silted in from storm. There shall be no boats with 'a marine toilets, "Heads". As stated in the C&Rs, filed 2/27/901 t , t� ��• g it 1 all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF The said Board of Trustees here- 1; by causes its Corporate Seal to be affixed, and these presents to j be subscribed by a majority of th aid Board as of this date.!. e ... � A I.M. / •`f,.;... '771► '� 1qFp(,�//�' �- G �� .... . . .. F 1. 'a: 3� Trustees s` �� � �Jfi fA ff !.YAK i'\� � f c 't`i�w� to I(n� .�^ � "� N► "�) ® o -® e - e MZ - TERMS and CONDITIONS The permittee Fred Dacimol Narroyl River- Marina residing at Narrow River Road, Orient N. Y., as . part of the consideration for the issuance of the Permit does understand and prescribe to the foi- lowing: 1. That the said Board of Trustees and the Town of.Southold are released from any and all damages, or claims for damages, of suits, arising directly or indirectly as a result of any oper- ation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for .a period of 24 mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long,as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That -the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance.with the provisions of the originating application,may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. S. That the said Board will be notified by the Permittee of the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents -that may be required snp- plementaL,,to this permit which may be subject to revoke upon failure to obtain same. TRUSTEES e� ' `:':. ' hx ` R '� SCOTT L. HARRIS Supervisor John M. Bredemeyer, III, President �- Henry P. Smith, Vice President Albert J. Krupski, Jr. Town Hall, 53095 Main Road P.O. Box 1179 John L. Bednoski, Jr. thold, New York John B. Tuthill BOARD OF TOWN TRUSTEES Sou Fax (5 6) 765 823971 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone(516) 765-1800 February 27, 1990 Merlon Wiggin One Bootleg Alley Greenport, NY 11944 Re: App. No. 8-1-89-27-2-4 Dear Mr. Wiggin: The following action was taken by the Board of Town Trustees during its regular meeting held on February 22, 1990 regarding the above matter: WHEREAS, Peconic Associates on behalf of Fred Dacimo applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 24, 1989 and, WHEREAS said application was - referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on February 22, 1990 at which time all . interested persons were given an opportunity to be heard, 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 health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT - RESOLVED THAT PECONIC ASSOCIATES ON BEHALF OF NARROW RIVER MARINA BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Dredge existing channel to 4 ' in depth (approximately 2100 c.y. ) at points indicated and dredging marina entrance silted in from storm and highway runoff. This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. While -the Trustees do not have jurisdiction on the parking lot/ramp area greater than 75' from the wetlands it is understood that every effort will be made to keep spoils north of a line connecting the "no dumping" sign and mooring stake number 12. Furthermore, any operations on the parking lot should be reviewed by the Highway Department. for their approval. Every effort should be made to move the access channel into the marina basin further south to minimize the impact on a small number of clams known to be there. SPECIAL CONDITIONS A restrictive covenant banning boats with marine toilets known as "heads" capable of direct discharge overboard shall be filed and run in perpetuity with the land. The clerk shall possess a copy of a liability insurance policy for Trustee property naming the Town Trustees as insured for the same amount as required by the Town Board for upland operations. As per Board standing policy a final survey by a licenced surveyor shall be .submitted within 90 days of completion of this project for use by the Bay Constable to verify project compliance. Fees, if any, shall be computed based on the .final approved N.Y.S.D.E.C. Very truly yours, John M. Bredemeyer, III --President Board of Town Trustees JMB:jmt cc: Bldg. Dept. Conservation Advisory Council N.Y.S.D.E.C. file } 110*Pu105 i DECLARATION OF COVENANTS''AND RESTRICTIONS THIS DECLARATION, made the 24th day .of. February, 1990 by FRED DACIMO, residing at 31 O:swegatchie Road, Waterford, Connecti FIST . cut,' 06385, : hereinafter referred to as the DECLARANT, the owner of 0000 the premises described in Schedule "A" annexed hereto, hereinafter SECT . referred to as the. PREMISES, who desires to restrict. the.. use and C27.00 ' `o ent of said PREMISES and has for such .purposes determined to - - . enjoyment BLOCK impose; on ..said ,PREMISES covenants, and . restrictions and does.�hereby G 2.00 . declare that said PREMISES shall be, held and shall be conveyed LOT- subject_,to the following covenants and restrictions: ;.: 004..000 .1 . WHEREAS` DECLARANT has made application to theBoard of. Trustees of the Town of, -Southold for a ,permit to dredge certain ' parts of a body of water known .as "Narrow River" on and in ,the vi- �°"'" cinity. of :DECLARANT'S PREMISES ; and FE5. 1990 ? . WHEREAS The Board. of Trustees of . the Town of Southold has agreed _ to issue said permit. only if there be a record covenant ^y that. boats with marine toilets, also known as "heads," capable of direct discharge overboard shall not be, afforded bearthing and/or mooring space at the PREMISES; IT IS. DECLARED AND COVENANTED BY DECLARANT, his heirs or suc- cessors and assigns forever, - that boats with marine toilets, also known as "heads," capable of direct discharge overboard shall. not 'i. be afforded bearthing and/or .mooring space. at the PREMISES 3. -The. .DECLARANT, 'his :.successors and .assigns .shall set forth. these .covenants, agreements and declarations in any and. all leases �. to occupants, tenants and/or lessees of the above-described prop-, erty:and shall, by their terms, subject same to the covenants and restrictions ` contained herein. Failure of.. the DECLARANT, his suc cessors .and assigns; to so condition the leases shall not invalidate_ their - automatic subjugation :to the covenants and restrictions. ,. 4. All of_ the covenants.' and restrictions contained herein € 4 shall be construed to' be in addition to and' not in derogation or 4 limitation '.upon any provisions of local, `state and federal laws, 1 `v ordinances and/or regulations 'in effect at the time of execution of this agreement, or at the time such laws, ordinances and/or regu- - - J 1102*106 1 lations may thereafter be revised amended or promulgated. I Y � p g 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be en- forceable by The Board of Trustees of the Town of Southold by in- junctive relief or by any other. remedy in or at law. The i failure of said Board to enforce the same- shall not be deemed to affect the validity of this covenant npr to impose any liability -� whatsoever upon The Board of Trustees of the Town of Southold or any officer or ,employee thereof. 7. These covenants and restrictions shall run with the land and shall be . binding upon the DECLARANT, his successors and assigns and upon all persons or entities claiming under them, and may be terminated, revoked or amended. by the owner of the PREMISES only. with the written consent of The Board of Trustees of the Town of Southold. STATE OF NEW YORK j ss.: County of Suffolk d Clerk of the Supreme Court of the State I, EDWARD P. ROMo said I CClerk of the ounty(aid C County rt be'ng aCon rt of Record)DO HEREBY CERTIFY that of New York in and I ave comp red the annexed copy of �" /_�, i/c� d 3 /° /° // y��.,�+ v� and and that it is a just and true copy of such original IU_16 '611_ of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this o2 7 day of 19 U �i��/.•"����C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6,j Clerk. 12-109..12/89cs Form No. 104 ure me personally ap- peared FRED DACIMO, to me known and known to me to be the same in- dividual descry ed in and who executed the above instrument and who duly ac owledged to me that he executed the same. i Notary Public FDVARD JOHN E30YD 5th NOTARY PUBLIC.State of New YA No.0376625,Suffolk County Commission Expires 1 30, 19bi +�RRM. FEe��27 -o u o a d o b' �� 11,02 10'7 SCHEDULE "A" PARCEL I: ALL that certain plot, piece or parcel of land, --with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County-of Suffolk and State of New York, bounded and described as follows: !• BEGINNING at a monument at a point of deflection in the easterly line of 'Narrow River Road where said line is intersected by the northerly boundary line of land herein described and land now or' formerly of Edwards; RUNNING .THENCE along said boundary line South 62 degrees 07 min- utes 00 seconds East 153 .00 feet more or less, to the ordinary high water mark of Hallock' s Bay as of June, 1988; THENCE along said high water mark of Hallock' s, Bay as of June, 1988 southwesterly 350 feet more or less, and 'then southeasterly 260 feet more or less to land now or formerly of Samuels; THENCE along last mantioned land, the following two (2) courses and distances: 1 . South 35 degrees 43 minutes 00 seconds West, 80 feet more or less; 2 . South 41 degrees 58 minutes '30 seconds West, 221 .79 feet. to' the northeasterly line of Narrow River Road. THENCE along said northeasterly line of Narrow River Road North 39 degrees 43 minutes 50 seconds West,. 1.83.72 feet to the corner formed by the intersection of the northeasterly side of Narrow River Road with the easterly side of Narrow River Road; THENCE North 21 degrees 48 minutes 40 seconds East along the easter- ly side of Narrow River Road 465 .10 feet to the monument at the point or place of BEGINNING. PARCEL II : ALL that piece or parcel of Meadowland at Orient, Town of Southold, County of Suffolk and State of New York and described as .follows: t BEGINNING at a point on the . ordinary high water mark of Hallock' s Bay about 185 feet southwesterly along said high water mark from the easterly corner of land conveyed by George W. Hallock to Edwin H. King, as previously described herein; from said point of beginning running southerly, then southeasterly, then southerly, then north- westerly and then southwesterly- about 300 feet to said high water mark; THENCE northeasterly along said high water mark about 175 feet to the point of BEGINNING. District 1000, Section 027.00, Block 02.00, Lot 004.000 PECONIC ASSOCIATES, INC. Environmental Planners & Consultant¢ �4ne, ootlegAlley P.O.Box672 6�"� �'1 f Y reen ort New York 11944 (516)477-0030 u Fax(516)477-0198 February 26 , 1990Mr . John John M. Bredemeyer III Southold Town Board of Trustees Southold Town Hall Main Road Southold , L. I . New York - 11971 Re : Narrow River Marina Orient , New York Tax Map No . 1000-027-02-004 Dear John : Enclosed are the Covenents and Restrictions for subject project . Please advise if satisfactory . Sincerely , PECONIC ASSOCIATES , INC. Merlon �' iggli--n , Ph . D. ,M. E . President Enclosure cc : Mr. Fred Dacimo MEW/iw DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the 24th day of February, 1990 by FRED DACIMO, residing at 31 Oswegatchie Road, Waterford, Connecti- DIST . cut, 06385, hereinafter referred to as the DECLARANT, the owner of 1000 the premises described in Schedule "A" annexed hereto, hereinafter . SECT . referred, to as the PREMISES, who desires to restrict the use and 027.00 enjoyment of said PREMISES and has for such purposes determined to BLOCK impose on said PREMISES covenants and restrictions and does hereby 02 .00 declare that said PREMISES shall be held and shall be conveyed LOT subject to the following covenants and restrictions: 004.000 1 . WHEREAS DECLARANT has made application to the Board of Trustees of the Town of Southold for a permit to dredge certain parts of a body of water known as "Narrow River" on and in the vi- cinity of DECLARANT'S PREMISES ; and 2 . WHEREAS The Board of Trustees of the Town of Southold has agreed to issue said permit only if there be a record covenant that boats with marine toilets, also known as "heads," capable of direct discharge overboard shall not be afforded bearthing and/or mooring space at the PREMISES; IT IS DECLARED AND COVENANTED BY DECLARANT, his heirs or suc- cessors and assigns forever, that boats with marine toilets, also known as "heads," capable of direct discharge overboard shall not be afforded bearthing and/or mooring space at the PREMISES. 3 . The DECLARANT, his sucbessors and assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described prop- erty and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, his suc cessors and assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state and federal laws, ordinances and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances and/or regu-. . lations may thereafter be revised, amended or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be en- forceable by The Board of Trustees of the Town of Southold by in- junctive relief or by any other remedy in equity or at law. The failure of said Board to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon The Board of Trustees of the Town of Southold or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, his successors and assigns and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the PREMISES only with the written consent of The Board of Trustees of the Town of Southold. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision here- of other than the part so adjudged to be illegal, unlawful, invalid or unconstitutional . ' Fr d Dacimo STATE OF NEW YORK, COUNTY OF SUFFOLK SS . : On this 24th day of February, 1990, before me personally ap- peared FRED DACIMO, to me known and known to me to be the" same in- dividual described in and who executed the above instrument and who duly a owledged to me that he executed the same. Notary Public fD'IJGt=D JOHtd 130YD 5th NOTARY PUBLIC,State of New York No.0376625,Suffolk County Commission Expires�idSrcA 30, 1951. SCHEDULE "A" PARCEL I : ALL that certain plot, piece or parcel of land,- -with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County .of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument at a point of deflection in the easterly line of Narrow River Road where said line is intersected by the northerly boundary line of land herein described and land now or formerly of Edwards; RUNNING THENCE along said boundary line South 62 degrees 07 min- utes 00 seconds East 153 .00 feet more or less, to the ordinary high water mark of Hallock' s Bay as of June, 7.1988; THENCE along said high water mark of Hallock' s Bay as of June, 1988 southwesterly 350 feet more or less, and then southeasterly 260 feet more or less to land now or formerly of Samuels; THENCE along last mantioned land, the following two ( 2) courses and distances: 1 . South 35 degrees 43 minutes 00 seconds West, 80 feet more or less; 2 . South 41 degrees 58 minutes 30 seconds West, 221 ,79 feet to the northeasterly line of Narrow River Road. THENCE along said northeasterly line of Narrow River Road North 39 degrees 43 minutes 50 seconds West, 183.72 feet to the corner formed by the intersection of the northeasterly side of Narrow River Road with the easterly side of Narrow River Road; THENCE North 21 degrees 48 minutes 40 seconds East along the easter- ly side of Narrow River Road 465 . 10 feet to the monument at the point or place of BEGINNING. PARCEL II : ALL that piece or parcel of Meadowland at Orient, Town of Southold, County of Suffolk and State of New York and described as follows : BEGINNING at a point on the ordinary high water mark of Hallock' s Bay about 185 feet southwesterly along said high water mark from the easterly corner of land conveyed by George W. Hallock 'to Edwin H. King, as previously described herein; from said point of beginning running southerly, then southeasterly, then southerly, then north- westerly and then southwesterly about 300 feet to said high water mark; THENCE northeasterly along said high water mark about 175 feet to the point of BEGINNING. District 1000, Section 027.00, Block 02 .00, Lot 004.000 TRUSTEES T SCOTT L. HARRIS qF John M. Bredemeyer, III, President yam`• Supervisor Henry P. Smith, Vice President �rGI1 Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 February 26, 1990 TO: Matt Kiernan, Asst. TA FROM: John Bredemeyer, President RE: Restrictive Covenant / Narrow River Marina At -the February 22, 1990 meeting of the Town Trustees, the Board made a condition of permit issuance to Narrow River Marina, verse #2 of the attached proposed "C & Rs" . If this document is otherwise legal and suitable for filing with the County Clerk, would you kindly notify this office as soon as possible because incidental dredge operations involve use of Town property at the launching ramp for which time constraints were placed by the Town Board. I believe verse #2 accurately represents the intent of the Board with respect to this matter. The purpose is to avoid future operations on the site which could make way for additional shellfish land closures by NYSDEC/FDA or other regulatory agencies. Your prompt review in this matter would be greatly appreciated. �1 � I\ y L. , • DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the 24th day of February, 1990 by FRED DACIMO, residing at 31 Oswegatchie Road, Waterford, Connecti- DIST . cut, 06385, hereinafter referred to as the DECLARANT, the owner of 1000 the premises described in Schedule "A" annexed hereto, hereinafter SECT . referred to as the PREMISES, who desires to restrict the use and 027.00 enjoyment of said PREMISES and has for such purposes determined to BLOCK impose on said PREMISES covenants and restrictions and does hereby 02 .00 declare that said PREMISES shall be held and shall be ,conveyed LOT subject to the following covenants and restrictions: 004.000 1. WHEREAS DECLARANT has made application to the Board of Trustees of the Town of Southold for a permit to dredge certain parts of a body of water known as "Narrow River" on and in the vi- cinity of DECLARANT'S PREMISES ; and 2 . WHEREAS The Board of Trustees of the Town of Southold has agreed to issue said permit only if there be a record covenant that boats with marine toilets, also known as "heads," capable of direct discharge overboard shall not be afforded bearthing and/or mooring space at the PREMISES; IT IS DECLARED AND COVENANTED BY DECLARANT, his heirs or suc- cessors and assigns forever, that boats with marine toilets, also known as "heads," capable of direct discharge overboard shall not be afforded bearthing and/or mooring space at the PREMISES. 3. The DECLARANT, his successors and assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described prop- erty and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, his suc- cessors and assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state and federal laws, ordinances and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances and/or regu- lations may thereafter be revised, amended or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be en- forceable by The Board of Trustees of the Town of Southold by in- junctive relief or by any other remedy in equity or at law. The failure of said Board to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon The Board of Trustees of the Town of Southold or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, his successors and assigns and upon all persons or entities claiming under them, ' and may be terminated, revoked or amended by the owner of the PREMISES only with the written consent of The Board of Trustees of the Town of Southold. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, .or any other part or provision here- of other than the part so adjudged to be illegal, unlawful, invalid or unconstitutional . Flea cTimo— — — — — — — — — a STATE OF NEW YORK, COUNTY OF SUFFOLK SS. : On this 24th day of February, 1990, before me personally ap- peared FRED DACIMO, to me known and known to me to be the'` s:ame in- dividual descri ed in and who executed the above instrument and who duly ac owledged to me that he executed the same. Notary Public fD`:JR,'7;D JOHN f30YD 5th NoTfM.Y PUBLIC. State of Naw YotK No.0376625.Sullulk County Commission Expires Vmz�30, kQ% f\PQ�� SCHEDULE "A" PARCEL I : ALL that certain plot, piece or parcel of land,- -with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County .of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument at a point of deflection in the easterly line of Narrow River Road where said line is intersected by the northerly boundary line of land herein described and land now or formerly of Edwards; RUNNING THENCE along said boundary line South 62 degrees 07 min- utes 00 seconds East 153.00 feet more or less, to the ordinary high water mark of Hallock' s Bay as of June, 1988; THENCE along said high water mark of Hallock' s Bay as of June, 1988 southwesterly 350 feet more or less, and then southeasterly 260 feet more or less to land now or formerly of Samuels; THENCE along last mantioned land, the following two ( 2) courses and distances: 1 . South 35 degrees 43 minutes 00 seconds West, 80 feet more or less; 2 . South 41 degrees 58 minutes 30 seconds West, 221 ,79 feet to the northeasterly line of Narrow River Road. THENCE along said northeasterly line of Narrow River Road North 39 degrees 43 minutes 50 seconds West, 183.72 feet to the corner formed by the intersection of the northeasterly side of Narrow River Road with the easterly side of Narrow River Road,- THENCE North 21 degrees 48 minutes 40 seconds East along the easter- ly side of Narrow River Road 465 . 10 feet to the monument at the point or place of BEGINNING. PARCEL II : ALL that piece or parcel of Meadowland at Orient, Town of Southold, County of Suffolk and State of New York and described as follows : BEGINNING at a point on the ordinary high water mark of Hallock' s Bay about 185 feet southwesterly along said high water mark from the easterly corner of land conveyed by George W. Hallock to Edwin H. King, as previously described herein; from said point of beginning running southerly, then southeasterly, then southerly, then north- westerly and then southwesterly about 300 feet to said high water mark; THENCE northeasterly along said high water mark about 175 feet to the point of BEGINNING. District 1000, Section 027.00, Block 02 .00, Lot 004.000 K 4 71 EAURENCE B. SU=ER COUNSELOR AT LAW 160 WEST END AVENUE NO.20-Ett 4 t`', FEB 2 21990 NEW YORK.'NEW YORK 10029 _ U TEL(212)362-9672 •.- February 16, 1990 Hon. John M. Bredemeyer, III President, Board of Town Trustees Town Of Southold Town Hall, Main Road Southold, New York 11971 Re: Application of Peconic Associates, Inc. Honorable Sir: I am the owner of 1245 Narrow River Road, Orient, a property which overlooks Hallock's Bay, and write in support of the application of Peconic Associates on behalf of Narrow River Marina. In order to preserve the recreational character of Hallock' s Bay it is important that marine craft have access to the Narrow River Marina, the only facility on the Bay. Continued silting over the years greatly aggravated by the storm of October, 1988 threatens to destroy the viability of this Marina as well as the nearby Town anchorage. Hallock's Bay is a unique, sheltered boating and fishing area of the Town and these uses deserve to be encouraged and preserved. I believe the referenced application if granted would benefit residents and visitors alike. Respectfully yours, Laurence B. Sutter LS/mft I NOTICE OF HEARINGS 1 ON WETLAND 1 APPLICATIONS 7:16 P.M:In the matter of the application of En-Consultants, NOTICE IS HEREBY GIV Inc. on behalf of John i EN THAT PUBLIC HEAR Lockwood, Old Harbor Road, INGS WILL BE HELD BY New Sufolk, to remove and hat she is the THE TOWN TRUSTEES OF replace in same location and -WATCHMAN, THE TOWN OF SOUTHOLD, configuration 39 l.f. of AT THE SOUTHOLD TOWN bulkhead. Dredge up to 20' in uffolk County; HALL, MAIN ROAD, front to maximum depth of 4' Ia printed copy, SOUTHOLD, NEW YORK, below MLW.Approximately 10 beler-Watchman ON THURSDAY,February 22, cy.of spoil will be removed and / 1990, ON THE FOLLOWING used for backfill. . . . . . weeks APPLICATIONS FOR PER- 7:17 P.M.In the matter of the MITS UNDER THE.PROVI- application of En-Consultants, SIONS OF THE WETLAND Inc on behalf of Susan Kwit • • • • • • • • • • • • ORDINANCE OF THE Old Harbor Road,New Suffolk, TOWN• to replace within 18" 54 l.f. of 7:10 P.M:In the matter of the . timber bulkhead.Approximate- application of Robert Kassner ly 5 cy.of backfill will be truck- on behalf of Nunnakoma Water i ed in. Association,Inc,Southerly end 7:18 P.M:In the matter of the of Wampum Way, Southold, application of Proper-T Services N.Y.to dredge channel approx- on behalf of Sy Stahl, 1425 West imately 1500 C.Y.of material to Road,Cutchogue,to replace ex- _ be hydraulically removed and isting bulkhead (132'); add 15' 1 — -_..__ pumped to adjacent beach as return at each end: Fill Behind daay of nourishment. new bulkhead. 7:11 P.M.In the matter of the 7:19 P.M:In the matter of the application of Stephen Lupow, application of Wayne Monson, Esq. on behalf of Hay Harbor 600 Smith Drive South, Club located on Fishers Island, Southold,to construct a private N.Y. to demolish an existing single dock,ramp and platform bathhouse and replacement of adjacent to existing bulkhead. same. 7:20 P.M:In the matter of the 7:12 P.M:In the matter of the application of Peconic application of John H. Associates, Inc. on behalf of :tiR�AP,A A. S�NNEIDER Geideman on behalf of Robert Fred Dacimo/Narrow River S.Koebele to add 4'X 18'to an S. Marina, Narrow River Road, Y PUBLIC, State of New York existing float,30'X 6,using an Orient to dredge existing chan- No.4806846 additional pile nel to 4'in depth(Approximate- I Qua;:fied in Suffolk County 7:13 RM:In the matter of the ly 2100 cy.)at points indicated I !arum: ;:o t Expires ��3/�� application of Joseph Perricone, and dredging marina entrance 2060 Clearview Avenue, silted in from storm and Southold,to construct a timber highway runoff. dock consisting of a 4' X 14' 7:21 P.M.In the matter of the hinged ramp;(2)6'X 12'floats application of Proper-T Services secured by (4) iron pipes. - on behalf of Rita Martin, 7:14 P.M.In the matter of the Maiden Lane, Mattituck, N.Y., application of En-Consultants, to construct a walkway 30'X 41, Inc on behalf of David Winkler, with steps; hinged ramp 12' X Beebe Drive,Cutchogue,to con- 4%floating dock IT X 5%install struct a timber dock consisting two piles to secure floating of a 4'X 130'fixed elevated(4' dock. above grade of marsh)walk;4' ALL PERSONS IN- X 12' ramp; 6' X 20' float TERESTED IN SAID MAT- secured by (2) 8" diameter TERS SHOULD APPEAR AT pilings. THE TIME AND PLACE 7:15 P.M.In the matter of the ABOVE SPECIFIED AND , i � n application of En-Consultants, WILL BE GIVEN AN OP- Inc. on behalf of William PORTUNITY TO BE HEARD. - Wickham, Old Harbor Road, COMMENTS MAY BE SUB- ,: ` New Suffolk, to remove and MITTED IN WRITING replace in same location and PRIOR TO THE HEARING. -' configuration 43 l.f. of Dated: February 5, 1990 bulkhead. Dredge up to 20' in John M. Bredemeyer, III, front to maximum depth of 4' President below MLW.Approximately 25 By: Jill Thorp, Clerk I cy.of spoil will be removed and ; 1X-2/8/90(25 used for backfill. �o��FFOLI���Gy TRUSTEES ►� SCOTT L. HARRIS John M. Bredemeyer, III, President VO • Supervisor Henry P. Smith, Vice President ��01 `��� Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 8-1-89-27-2-4 NAME: Narrow River Marina DATE: February 13, 1990 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617 .10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Type I DESCRIPTION OF ACTION: Negative Declaration LOCATION: Narrow River Road, Orient, NY Tax map No. 1000-27-2-4 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: All Town Departments N.Y.S.D.E.C. Army Corps of Engineers • 0 PECONIC ASSOCIATES, INC.- . Environmental Planners & Consultants nzi.,One BootlegAlley P.O.Box672 F. Greenport,New York 11944 w -'•'' t .- ` .. __ (516)477-0030 Fax(516)477-0198 February 8 , 1990 p4 FEB _ 91990 19 u TOWN (OF E;OUTHOLD Mr. Robert N. Thurber . Senior Environmental Analyst New York State Department of Environmental Conservation Region 1 Headquarters SUNY = Building 40 Stony Brook , L. I . New York - 11794 Re : NYSDEC Application No . 10-89-0209 Narrow River Marina - Dredging Orient , New York Dear Mr. Thurber: Reference your letter of January 11 , 1990 . Enclosed are revised copies of Sheet No. 1 including an enlarged scale of the immediate marina area . Revisions show the Mean High Water line, Spring high tide, and the temporary spoil area , which is located fifty (50 ) feet back from the Spring high tide line. An Orient community citizen group has held several meetings and reviewed the project with the applicant and with the writer. Their recommendations are included on the revised sheets , which include starting of the channel dredging ten ( 10) feet from the edge of the concrete with a slope of 1 to 4. Also enclosed are recent photographs depicting the staked temporary spoil area . Based on informal discussions with the Town Trustees , permit approval is expected to be received from them within thirty (30 ) days making it possible for work to commence within the D. E.C. prescribed window. Sincerely , PECONIC ASSOCIATES, INC. C- erlo Wiggin . D. ,M. E. President Enclosures cc : John M. Bredemeyer III Michael Infurna Mr. Fred Dacimo d h, r FEB - 9 1990 B n S(!9:Q F�1`• r-•F'a A A 'A a=,A rrs P :f 1 r t ;TV - y NARROW RIVER MARINA - SOUTH - ~NARROW RIVER MARINA - SOUTH _ �. TEMPORARY SPOIL AREA l TEMPORARY SPOIL AREA R I(a .ufs i NARROW RIVER MARINA - NORTHWEST - TEMPORARY SPOIL AREA 01 :4 �) NARROW �R l� A ��.4� tit- Lon.72' 17'08' Narrow River Road, Orient, NY 11957 • (516) 323-2660 1-2 The UNDERSIGNED have no objection to the proposed . improvements to the. Narrow River Marina, which will include the followings ,o Mainte,nance dredging of approximately Two Hundred (200) Yards to the existing and previously constructed channel between Pate ' s Neck and. Narrow River Road. o Dredging of approximately One Thousand Six Hundred ( 1 . 600) yards in the vicinty of, the present Marina slips and the• Town Launching Ramp. the latter which will enhance public access by Baymen and fisherman to the Bays . o Dredging depth in both instances will not exceed four (4) feet of water depth. vJ ,t j i 1 Lit.41 4��•k'G NARROW 11 ROW RlWR A� Inn.72 O 7 08' Narrow River Road, Orient, NY 11957 '�►IARX� (516) 323-2660 �on};rimed - Yac�e z, Z"f - r r • 1 �v V Al • Ut.41°OR'42" oz:�'''e� FARROW RIOTER MAWNA Narrow River Road, Orient, NY 11957 •,, �� (516) 323-2660 n The UNDERSIGNED have no objection to the proposed improvements to the Narrow River Marina, which will include the following.: ° Maintenance dredging of approximately two hundred (200) yards to the existing and previously constructed channel between Pete' s Neck and Narrow River Road. ° Dredging of approximately one thousand six hundred (1 ,600) yards in the vicinity of the present marina slips and the Town launching ramp, the latter which will enhance public access by baymen and fishermen to the bays. ° Dredging depth in both .instances will not exceed four (4) feet of water. - — Or�P/�� ti G� D 0 �- BI W ; �� • • lay.41 08'42' NARROW RIOTER A l.cm.72. 17'08" � LUUNA Narrow River Road, Orient, NY 11957 a ., .��' (516) 323-2660 AR The UNDERSIGNED have no objection to the proposed improvements-to the Narrow River Marina, which will include the following: . . ° Maintenance dredging of approximately two hundred (200) yards to the existing and previously constructed channel between Pete' s Neck and Narrow River Road. ° Dredging of approximately one thousand six hundred (1 ,600) yards in the vicinity of the present marina slips and the Town launching ramp, the latter which will enhance public access- by baymen and fishermen to the bays. ° Dredging depth in both instances will not exceed four (4) feet of water. - i r • 7l 0 TARROW RMA R AIARR\TA Narrow River Road, Orient, NY 11957 . ,RN (516) 323-2660. AR The UNDERSIGNED have no objection to the proposed improvements to the Narrow River Marina, which will include the following: ° Maintenance. dredging of approximately two hundred (200) yards to the existing and previously. constructed channel between Pete's Neck and Narrow River Road. ° Dredging of.. approximately one thousand six hundred (1 ,600) yards in the vicinity of the present marina slips and the Town launching ramp, the latter which will enhance public access by baymen and fishermen to the bays. Dredging depth in both instances will not exceed four (4) feet of water. ///At LAr r� TRUSTEES � Pw+ SCOTT L. HARRIS John M. Bredemeyer, III, President Supervisor Henry P. Smith, Vice President ��®1 `A`a® Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 7654823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 February 1, 1990 Chris Coustopoulis NYSDEC SUNY Bldg 40, Room 219 Stony Br3ook, NY 11794 Narrow River Dredging Project Dear Ms. Coustopoulis: At its regular meeting held on January 25, 1990, the Town Board of Trustees rescinded its previous Conditional Negative Declaration and declared Lead Agency. The Board is presently gathering new infornation and anticipates amendments to the application, which will 'permit us to proceed with the environmental declaration shortly:, Very truly your , ohn M. Bredemeyer, IIY' ees- JMB:jb President, Board of T cc: Merlon Wiggin CAC File FRANK A. KUJAWSKI, JR., President W l-<,; I 71 TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President fir' 'Y w- �! (516) 765-1892 JOHN M. BREDEMEYER III � � JOHN L. BEDNOSKI, JR. " .:-'i'�ys � �irr✓ HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11071 January 2, 1990 Merlon E. Wiggin, Pres. f� Peconic Associates, Inc. One Bootley Alley, P. O. Box 672 J Greenport, NY . 11944 RE: Narrow River Marina / Application 8-1-89- 7-2-4 Dear Mr. Wiggin: 6 The Town of Southold Board o, Trustees, as lead agency, has determined that the proposed revised mai enance dredging project will not have a significant environmental impa t provided special conditions are met. A thirty day public comment per' commences with this notice. The action involves mainten e dredging existing channel to 4' depth approximately 2100 c.y. an educe drainage area. Property located at Narrow River Road, Orient, . . . . . . The conditions are: 1. Dredging accompl' shed rior to April 30, 1990 �2. Staked hay bales o tain spoil , )3 . No dredging to exceed 4 ' in depth J4. ? No dredging in front of public launching ramp--'C4 -j5 . Not to obstruct ROW to prevent parking of vehicles 46 . Channel not to be dredged more than 30 ' wide -17 . Narrow River Marina shall provide Southold Town with a one million dollar insurance policy -/8. All conditions and requirements of other involved agencies be complied with 49. The entire project shall be completed by December 31, 1990 CC: ✓DEC ,, Army Corps of Engineers iRuth Oliver Dept. of State CAC ° BOARD OF TOWN TRUSTEES DEC 919�9 s < 1�y Town Hall, 53095 Main Road P.O. Box 1179 ic. �- /01 ��� Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 12, 1989: RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution no. 33, adopted on November 14, 1989, granting permission to Narrow River Marina, Narrow River Road, Orient, to temporarily store dredged material on the Town "landing area", to include these additional conditions: (6) Narrow River Marina shall provide the Town of Southold with a One Million Dollar liability insurance policy covering the Town of Southold as an additional insured, (7) all conditions and requirements of other involved agencies must be complied with, (8) parking shall not be obstructed on the Town landing area, (9) the entire project shall be completed by December 31 , 1990. Judith T. Terry Southold Town Cle k December 15, 1989 evil`: Sr. . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY " FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 14, 1989: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Narrow River Marina, Narrow River Road, Orient, to temporarily store approximately 2,130 yards of dredged material on the Town "landing area" immediately to the north of the marina, with the conditions that: (1) if the trees on the Town property are damaged by salt water runoff they will be replaced; (2) access to the water will not be blocked; (3) the dredged material, after salt water drainage, will be trucked at the expense of Narrow River Marina to the Landfill at Cutchogue; (4) no material shall remain on the site between Memorial Day 1990 and Labor Day 1990; and (5) the Town's "landing .area" where the dredged material is deposited must be restored by Narrow River Marina to its original condition. Judith T. Terry Southold Town Cler November 16, 1989 cc: Supt. of Hwys. Jacobs Merlon E. Wiggin, Pres., Peconic Associates, Inc. Board of Town Trustees New York State Department of Environmental Conservation Region 1 Headquarters SUNY, Building 40, Stony Brook, NY 14M 1 1790-2356 (516) 751-7900 Thomas C. Jorling Commissioner .: JAN 1 9 1990 C ; January 11, 1990 �s LJ Mr. Merlon Wiggin, Pr�es' i Peconic Associates, P. 0. Box 672, One Bootleg Alley Greenport, N. Y. 11944 Re: NYSDEC Application No. 10-89-0209 Narrow River Marina - Dredging Dear Mr. Wiggin: Your submittals of 11/27/89 have been further reviewed and the NYSDEC has the following comments: ( 1) Sheet 1 of 2 should be revised to show, in the area of the Town boat launching ramp, the mean high water line, spring high tide line and the mean low water line. (2) Sheet 1 of 2 should also be modified so that the seaward edge of the spoil site (including hay bales ) is a minimum of 50' landward of the tidal wetlands edge (the high meadow areas and mean high water on the concrete ramp) . (3) As per our telephone conversation of 1/ 10/90, please send me notice and new pictures showing the flagging (painting and/or stakes) of the seaward edges of the spoil site revised according to number (2) above. While a Notice of Complete Application may be issued within the next two weeks, the above requested information will still be needed for DEC to conclude its review. The Town permit will need to be issued and sent to me as authori- zation before DEC can make a final decision. Thank you for your cooperation. Very truly yours, Robert N. Thurber Senior Environmental Analyst RNT/rw cc: F. Dacimo F. Kujawski M. Infurna T. Hart C. Hamilton/G. Stadnick file PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 January 16 , 1990 ($ " JAN Southold Town Board of Trustees Southold Town Hall Main Road Southold , L . I . New York - 11971 Re : Narrow River Marina Orient , New York Permit Application Gentlemen : 40 Enclosed are three (3 ) drawings ( Sheets 1 2 ) showing the location of the New York State DEC- identified area as closed to shell fishing . If we can be of further assistance , please do not hesitate to contact this office. Sincerely , PECONIC ASSOCIATES, INC. erlon .- Wiggin , . D. , M. E. President Enclosures cc : Mr. Fred Dacimo MEW/iw PECONIC ASSOCIATES, INC. 'Environmental Planners & Consultants One BootleyAlley P.O.Box672 �Gre� port,New York 11944 (516)477-0030 �p ax(516)477-0198 DEC ~ 8W 1' December 4 , 1989 T0VVN Qa SOUTHOLD Mr . Frank Kujawski Southold Town Board of Trustees Southold Town Hall Main road Southold , L . I . New York - 11971 Re : Application No . 8- 1 -89-27-2-4 Narrow River Marina - Dredging Orient , New York Dear Frank : It has recently come to our attention that concerns for personal safety should be a consideration in the evaluation of the merits and timing of subject application . Because of the worsening condition at the entrance to the marina , boats (especially small sailboats ) are running aground within a couple of hundred feet from the dock and have to wait for a higher tide to get off . In the summer with the longer days , warmer temperatures , etc . , this perhaps was not so hazardous . However , in the fall and spring weather and exposure is a more critical factor. Wading ashore is a hazard in itself , especially for children , because of the silt layer which will not support a persons weight . Enclosed are pictures of a 17 ft. sailboat aground at the mariona entrance . You will note the draft as only twenty ( 20 ) inches . Your review and expeditious action on subject application will be greatly appreciated . Please advise if we can be of further assistance. Sincerely , PECONIC ASSOCIATES, INC . Merlon E . Wiggin , Ph . D. , M. E. President cc : Edward J . Boyd V , Esq . Mr . Fred Dacimo Michael Infurna i � r NARROW RIVER MARINA - ORIENT, NEW YORK NOVEMBER 1989 -a NARROW RIVER MARINA - ORIENT, NEW YORK NOVEMBER 1989 Y O 3 w z I— z Lw cr- i Q Z H Q 00 w LU Q G Ctf U-i '.. Q CD FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President v (516)765-1892 JOHN M. BREDEMEYER, III �0 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 November 24, 1989 Memo to: Trustees From: Frank A. Kujawski, Jr. RE: Narrow River Project You are hereby notified that revised plans for the Narrow River �✓ Project are presently in the Trustees' Office. Kindly stop at the office and review them. • PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O. Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 November 20 1989 NOV 11989 Mr. Mohabir Persaud `��- _-��"'"� Coastal Processes - Technical .Specialist State of New York Department of State Albany New York - 12231 -0001 Re : F-89-516 Narrow River Marina Orient , New York Dear Mr. Persaud : Reference is made to your letter of August 7, 1989. Based on meetings with Southold Town representatives and - additional dis.cuss-i-ons with the Owner, it has been possible to reduce the amount of dredging to approximately 2 , 100 Yards . Therefore , please find enclosed the following : 1 . Revised plans that reflect the reduced drainage area . 2 . As requested , a Resolution from the Town of Southold granting permission to ,temporarily store approximately 2 , 130 Yards of dredged material on the Town Landing Area . , 3 . Color photographs of the Marina entrance and other areas near the project location . 4. The impacts on fish and wildlife have been reviewed with Chris Smith , Cornell Fish and Aquaculture Specialist at Cornell University, 39 Sound Avenue , Riverhead , New York . Telephone Number : (516 ) 727- 3910. With the reduced quantity of dredging , and assuming that the work is done within the winter months , we are of the understanding that the impacts to the fish and wildlife in this area will have been appropriately mitigated . Mr. Smith has indicated that he would be available to discuss this application with you or with other municipal or regulatory agencies . Mr. Mohabir Persaud November 20 , 1989 Page 2 If you have any further questions , please do not hesitate to contact this office. Sincerely , PECONIC ASSOCIATES, INC. Merlon E. Wiggin , P �. ,M. E. President Enclosures per Text . cc : Corp of Engineers Southold Town Board' of�Trustees Mr. Fred Dacimo File __; _,..x^� �R z -,: m:;+'3.`.=ate", .-V �` ,_�, *�c• ---- _ : - _�..' .,,,� �` S A—''"�' �''a 4:.r�'a�� '`-''�, x�,o• -����-.sue 7•,- �_�' _ �� ,� � NarrlOw •rth Itrina entrance at Town y r ' .-4 _ �r-''_.:sue •' ��.r_ — � c .'sue. -�- ""•..: ��" ,..,�, __. - Narrow • y o��FFoUr T Town Hall, 53095 Main Road 0 • 0� P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 Town CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 14, 1989: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Narrow River Marina, Narrow River Road, Orient, to temporarily store approximately 2,130 yards of dredged material on the Town "landing area" immediately to the north of the marina,. with the conditions that: (1) if the trees on the Town property are damaged by salt water runoff they will be replaced; (2) access to the water will not be blocked; (3) the dredged material, after salt water drainage, will be trucked at the expense of Narrow River Marina to the Landfill at Cutchogue; (4) no material shall remain on the site between Memorial Day 1990 and Labor Day 1990; and (5) the Town's "landing area" where the dredged material is deposited must be restored by Narrow River Marina to its original condition. udith T. Terry Southold Town Cler November 16, 1989 1 , • NCONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O. Box672 "- Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 November 20, 1989 `- rc v NOV ? 119892 g _ ) Mr. Robert N. Thurber '�r Senior Environmental Analyst �TO�AJN �.rF SCU12-1.0LD New York State Department of Environmental Conservation Region 1 Headquarters SUNY - Building 40 Stony Brook , L. I . New York - 11794 . Re : NYSDEC. Application No . 10-89-0209 Narrow River Marina - Dredging Orient , New York Dear Mr. Thurber : Reference your letter dated September 20, 1989 . 1 . Enclosed are revised plans that we believe provide the requested information in the above referenced letter. 2 . The drainage pipe was for the purpose of draining agricultural land across Narrow River Road . This pipe is equipped with a tide gate which is presently totally blocked with silted material . The inlet end is also blocked with soil material . We reviewed this with the Southold Town Board apprising them of the fact that run-off has a potential impact on water quality, siltation , and so forth . They have indicated that they will look into this as soon as practical . From an on-site inspection and observation during heavy rains , we were of the opinion that very little siltation originates in the area of the Town Boat Launching Ramp . We have , however, supplied the Town Trustees with a copy of your letter for their evaluation of your suggestions of the installation of French Drains , retention basins , and so forth in this particular area . Frank : This was previously supplied to you by a copy from D . E. C. 1 � . r Mr. Robert N. Thurber November 20 , 1989 Page 2 3 . The proposed method of dredging will be a clamshell bucket on a barge , with the material being deposited on a barge , and the barge moved to the Town Landing Area where it will be off-loaded into a dump truck and moved to the spoil site. In the area that is adjacent to the bulkhead it can be reached by draglines and it is the intent to use this type of equipment and deposit same in a dump truck and then be moved to the designated spoil area . Enclosed are photographs showing the staked seaward limits of the spoil site . The Town of Southold Trustees are expected to make a SEQRA determination based on the revised plans during their next meeting , at which time they have indicated that they will advise you of this determination . sincerely , P.ECONIC ASSOCIATES, INC. M r on E. Wiggin�h . D. , M. E. President cc : Mr. Fred Dacimo `.,._Mr. Fran k__Ku__jawski, ` Mr . Michael Infurna File NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION L T .ARMY CORPS OF ENGINEERS APPLICATION NO. JOINT APPLICATION FOR PERMIT .4 Please read ALL instructions on back before completing this application.Please type or print clearly in ink.Attach additional information as needed. ❑ARTICLE 9,TITLE 1,ARTICLE 43 6NYCRR 646(LAKE GEORGE RECREATION ZONE) ARTICLE 15,TITLE 3(AQUATIC PESTICIDES CONTROL) ❑6NYCRR 327(AQUATIC VEGETATION) ❑6NYCRR 328(FISH) ❑6NYCRR 329(INSECTS) i ❑ARTICLE 15,TITLE 5 6NYCRR 608(PROTECTION OF WATERS) A T El For the construction,reconstruction,or repair of a DAM or other impoundment structure. ❑ ❑ For the disturbance of a STREAM BED OR BANKS or excavation in or fill of NAVIGABLE WATERS. 401 WATER QUALITY CERTIFICATION E ❑ARTICLE 15,TITLE 15 1:16NYCRR 601 (WATER SUPPLY) ❑6NYCRR 602(LONG ISLAND WELL) ❑ARTICLE 15,TITLE 27 6NYCRR 666(WILD,SCENIC AND RECREATIONAL RIVERS) ❑ARTICLE 24 6NYCRR 662,663(FRESHWATER WETLANDS) ❑ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS) ❑ARTICLE 34 6NYCRR 505(COASTAL EROSION) -------------------------------------------------------------------------------------------------------------------------------------------------- F []SECTION 10(RIVER AND HARBOR ACT OF 1899)for structures and work in navigable waters of the U.S. RICOASTAL CONSISTENCY CERTIFICATION. E ❑SECTION 404(CLEAN WATER ACT OF 1977)for disposal of dredged or fill material in waters of the U.S. D ❑SECTION 103(MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT)for the transportation of dredged materials for dumping into ocean waters. 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES(If any) NONE 2. APPLICANT IS A/AN ®Owner ❑Operator ❑Lessee ❑Municipality/Governmental Agency (Check as many as apply) 3. NAME OF APPLICANT(Use Full Name) FRED DACIMO MAILING ADDRESS TELEPHONE(Where can be reached during day) NARROW RIVER ROAD ( 516 323-2660 POST OFFICE STATE ZIP CODE ORIENT, L. I . N. Y. 11957 4. NAME OF ❑Owner ®Agent/Contact Person (Check one) PECONIC ASSOCIATES, INC . MAILING ADDRESS TELEPHONE(Where can be reached during day) ONE BOOTLEG ALLEY P. 0. BOX 672 ( 1 477-00- POST OFFICE STATE ZIP CODE GREENPORT, L. I . S. PROJECT/FACILITY LOCATION(Mark location on map,see Number 1a on reverse side) County S U F F O L K I Town or city S O U T H O L D I village ORI ENT STREET ADDRESS(If different from applicant) NARROW RIVER ROAD POST OFFICE STATE ZIP CODE ORIENT, L. I . 6. NAME OF STREAM OR BODY OF WATER HALL 0 C K S B A Y 7. HAS WORK BEGUN ON PROJECT? If YES,attach explanation on starting work without permit, includes dates. 8. WILL PROJECT UTILIZE STATE LAND? ElYes ®No Show work on map and/or drawings. ❑Yes JP No 9. PROPOSED USE: El El 10. PROPOSED STARTING DATE: 11. APPROXIMATE COMPLETION DATE: 12. FEE OF(NYS Permit Only) IJ Public ElCommercial 10/19 8 9 T H R U 4/19 0 4/19 9 0 S 10 .00 Enclosed 13. PROJECT DESCRIPTION: (e.g.quantity and type of material to be excavated, dredged or used for fill or rip rap, location of disposal 'tes; ty a of structure to be installed; height of dam; size of impoundent; capacities of proposed water sources;extent of distribution system;etc.) � MAINTENANCE DREDGING OF EXISTING CHANNEL TO 4 FT. DEPTH (APPROXIMATELY CU. YD. AT POINTS INDICATED AND DREDGING MARINA ENTRANCE SILTED IN FROM STORM AND HIGHWAY RUN OFF. 14. WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL, STATE AND/OR LOCAL PERMITS? 11 Yes ❑ No If yes, please list: SOUTHOLD TOWN BOARD OF TRUSTEES U. S. ARMY CORP OF ENGINEERS NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM 15. CERTIFICATION: hereby affirm that under penality of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect,of whatever nature, and by whomeveiuffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits,actions,damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C. Section 1001 provides for a fine of not more than $10,000 or imprisonment for not more than five years, or both, where an applicant knowingly and willfully falsifies,co s,or covers up a material fact;or knowingly makes or uses a false,fictitous or fraudulent statement. ❑I h by authorize the gent named in Numb r 4. ab ve t submit thi plication ory my behalf. 17�y; w1bV.Wa. /yB9 l PRESIDENT JU14 24 , 1989 DATE SIGNATURE TITLE June 30 , 1989 To Whom It May Concern : This letter authorizes PECONIC ASSOCIATES, INC. to act in my behalf in making applications and securing necessary permits relative to the maintenance dredging of existing channel and dredging of marina entrance silted in from storm and highway run off at NARROW RIVER MARINA, NARROW RIVER ROAD, ORIENT, NEW YORK. AUTHORIZED BY : NAME : DATE: 7- —�9 IF� tiV e _ Ak � -1• • iy t -- .r $"1,` LL"Iv+� ,• ey Dredged / 1 WetlandsNO i•• 1All 00 Spoil Areas �� a 6 Channel Markers tow SA r- ! S � t i �to {/ • � 1, ... •• 9 'J S/:�]•f., - ((\ � . IN�, - Channel Markers gel MI \ .s �. i :.�•sa fir '. '�,ry _ ,: _.-.icy, �,-• ,—;. j• �1 t im H.W.M. r o ; Pt Allr RO t ORCHARD = 1 sr 04 . V 1 O4 P N � \ �Re om Rp." LOCATION MAP 081ENr HARBOR PLAN OF CHANNEL AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. 1000 - 027 02 04 SCA LE I" = 100' JUNE 2091989 JULY It 1989 ( revise ) ~.r+t��.-tea_-r - _� _ '- __- _ __ � .�_ _ _:• _ 'J: -.': "���<�?i SL _ may- 'j_ _ � --- _ •j• _ _ ^.•ice - _ _ _ ��_ f�,__ _ Narrow River Marina- North Marina entrance at Town Landing - - on right HNar ow River Marina - East Sartheast entran aI ve ce from i 1 1 1. fit' 1 1 _ � - C ULi ti� •L �1..'-f 'r` '-_�•>y - _.ems. - - "- - - ' Narrow River Marina- Northwest entering " .= � Narrow River Marina- Northwest Marina Marina June 30, 1989 To Whom It May Concern : This letter authorizes PECONIC ASSOCIATES, INC. to act in my behalf in making applications and securing necessary permits relative to the maintenance dredging of existing channel and dredging of marina entrance silted in from storm and highway run off at NARROW RIVER MARINA, NARROW RIVER ROAD, ORIENT, NEW YORK. AUTHORIZED BY: NAME: DATE: .p fir.. •• � '-, ,�•„=r.,-ass. Al 5 J =� l , • lay •'7: S.R. 25 � ! e a C7 O ! POP t . i t Per ,r O t � w � a o - PL q� RD. � \ J ORCHAMO ST i L 04 OHO ll G P 111\ O J� S.A. `0, Hg400 � G R" LOCATION MAP 0"MNr HARBOR PLAN OF CHANNEL AT ORIENT TOWN OF SOU TH OL D SUFFOLK COUNTY , N.Y. 1000 - 027 - 02 - 04 SCA LE I" = 100' JUNE 2091989 JUL Y 11 1989 ( revise ) - • New York State Department of Environmental Conservation Region 1 Headquarters SUNY, Building 40, Stony Brook, NY 11794 (516) 751-7900 Thomas C. Jorling Commissioner September 20, 1989 Mr. Merlon E. Wiggins Peconic Associates P. 0. Box 672 Greenport, NY 11944 Re: NYSDEC ,Application No. 10-89-0209 Narrow River Marina - Dredging Dear Mr. Wiggins; The Department of Environmental Conservation has made a review of your proposal and has the following comments: (1) Revised plans do not show the bulkhead location in the northwesterly basin and the mean low water does not connect to anything on the applicant's property. Please include these on revisions. (2) Please describe the drainage pipe and its function. Can .this be eliminated to provide mitigation for the presumptively incompatible proposed activity (with respect to the Tidal Wetlands Regulations) . Eliminating direct drainage may improve water quality, reduce siltation and reduce .the need for future dredging. (3) The latest revised plans show A proposed channel located 100' to the east of original proposed channel. It appears that .the. applicant does not have to dredge at this location. Please take soundings along both sides of .this '40' x 6501 .channei and 20' east of the old channel (along this length) and .show these soundings on revised plans; unless the channel length is limited to 300± linear feet. (4) An explanation and substantiation is needed for -proposing a channel at the currently shown location and length. (5) Soundings must be taken and depths .shown in . loat area (northwest basin) and in the southwest basin, pipe 1:ocation.; .on revised plans. (6) At dredge area 1 the width of dredge area Still needs to be reduced, see comment number 3 of my letter to you dated 4/28/89 .(also see enclosure for the area to delete) . Merlon E. Wiggins September 20, 1989 Page 2 (7) Another form of mitigation that can..reduce siltation in the area would be to place dry wells in the area of the Town boat launching ramp, or install french drams, retention basins, etc.; for other such structures please refer to Section 661.'6(a) (8) . These would lessen the need for dredging, when the direct runoff is reduced. (8) The revised Sheet Number 1 of 2 no longer Shows the existing channel (as per the previous plan) connecting the north to the- south part of the channel (the south part is showing on page 2 of 2) . (9) In the area of the Town boat launching ramp the mean high water line, spring high tide line and mean low water line must be shown on revised plans. (10) Please submit detailed description of (a) .the method of dredging and (b) the method of spoil placement. (11) The outer, seaward limits of the spoil site must be staked (if the area is asphalt,spray paint the limits) and 'submit photos of staked (or marked) limits with written notice this has been done. If you have questions regarding the above eleven comments, please call George Stadnick at (516) 751-7900. Also, you will need to submit written permission from the Town of Southold Trustees to place the spoil on Town property. Upon receipt of the revised plans (4 copies) and other information/material requested in (1) thru (11) above; your application will be further reviewed. Formal processing will remain suspended until the Town of Southold Trustees makes a final SEQR determination. The decision on permission to use the spoil site would then probably be made. Thank you for your cooperation. Very truly yours, Robert. N. ..Thurb Senior Environmental Analyst RNT/rw b enc. cc: F. Dacino F. Kujawski (w/inc.) M. Infurna " T. Hart " G. Stadnick file ' t Q Q, TEMPORARY SPOIL AREA Q O W N LANDING � T M 4 % 2.4 _3.6 i� _'8 / ✓� i PROPOSED' -3.6 CHANNEL O� MARK OrPll�$ -3.9 MARINA " 0 DOCK O �0 _ .4/ a O -4.2 CROSSECTION — _,f -4.3 BULKHEAD . PROPOSED O MARINA ENTRANCE -3.9 / O 3. 7 _ 3.7 / -4.0 -3.1 M.L.ry _ -41 PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 November 20 , 1989 NOV ? 11989 S Mr. Frank Kujawski mT` ''`;U, Southold Town Board of Trustees Southold Town Hall Main Road Southold , L . I . New York - 11971 Re : Application No . 8- 1 -89-27-2-4 Narrow River Marina Orient , New York Dear Frank : Enclosed , based on meetings and discussions with members of the Town Board , is a revised plan and application depicting the reduced amount of dredging , and the reduced scope of work . Also attached is a copy of the D. E. C. letter 'of September 20 , 1989 . Would;, you _take particular note of their suggestion of installation of French Drains or retention basins in the area of the Town Boat Launching Ramp . Also , you will note that they are suspending further processing of the application until the Town of Southold Trustees makes a SEQRA determination . Your early action on this would be appreciated as it is our expectation that all work will prohibited between June 1., 1990 and September 30 , 1990 . Sincerely , PECONIC ASSOCIATES, INC. Merlon Wiggin , Ph . D. , M. E. President Enclosures cc : Robert N . Thurber Michael Infurna Mr . Fred Dacimo .. o �FFnc,�r�o _iRANKA. KU AWSKI R., President = ,�t J , J o s..:. �..,�`,� TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President `M (516) 765-1892 - JOHN M. BREDEMEYER, III Oy"t '�''"'� �. 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 APPLICATION FOR WETLANDS PERMIT (CHAPTER 97 CODE OF THE TOWN OF SOUTHOLD) , AND/OR DOCKS, WHARVES, (CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. INSTRUCTIONS: A. No operation shall be initiated by the applicant until all necessary permit(s) have been issued. B. This application is to be completely filled in by typewriter or clearly printed in ink and submitted to the Town Trustees Officc in quadruplicate, accompanied by written permission from the owner of the property if not the same as the applicant. Page one of the short assessment form must be completed and signed. C. No permit shall be issued until all permit fees have been collected by the Clerk to the Trustees. D. The application must contain a pilot plan to scale including a detailed description of the project, and an area map clearly showing the location of the project. E. If a permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land surveyor or professional engineer. The horizontal control of the survey shall be based upon an approval coordinate system. The vertical control for elevation and soundings shall be based upon U.S. , Coast and Geodetic Survey and/or U.S. Geological Survey datum. For such projects, the Trustees may request a more detailed description of the project site as described in Article II, Section 97-21 Subdivision D. F. Upon approval of this application, the Clerk to the Trustees shall issue the appropriate permit(s) to the applicant. Such permits shall be available for inspection at any time upon request. Trustee permit numbers must be displayed on all structures in clearly visible characters 3 inches high. G. (Amendment of June 25, 1987) All application for dredging must be accompanied by a licensed survey showing the depth contours. of the water. This -does not apply to maintenance. dredging projects. PERMITS THAT MAY BE REQUIRED NO PERSON SHALL PLACE ANY SPILES, STARES, 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 MAY BE APPLIED TO SIMULTANEOUSLY WITH THE TOWN APPLICATION ARE AS FOLLOWS: COASTAL MANAGEMENT PROGRAM 162 Washington Ave. Albany, New York 12231 ( 518) '474-3642 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION S.U.N.Y. - 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 J FEE SCHEDULE For 1989: PURSUANT TO CHAPTER 97 WETLANDS PERMIT: $150.00 FILING FEE, (MARINE STRUCTURES WITH MINIMAL IMPACT, i.e. CATWALK, RAMPS, FLOATING DOCKS) . FEES FOR BOATS, DOCKS AND WHARVES - CHAPTER 32: A. FEE FOR MOORING APPLICATION: $25. 00 B. FEE FOR MOORING RENEWAL BASED UPON LENGTH OF VESSEL: LESS THAN 20 FEET - $1.00 PER FOOT GREATER THAN 20 FEET - $2. 00 PER FOOT C. FEE FOR DOCKS AT THE RATE OF $1. 50 PER SQUARE FOOT OF DOCK SURFACE OFFSHORE FROM THE ORDINARY HIGH WATER MARK, PLUS $25. 00 PER PILING (OR POST) USED TO SECURE A STRUCTURE OR BOAT OFFSHORE FROM MEAN HIGH WATER MARK. D. FEE FOR BULKHEAD BELOW MHWM AT THE RATE OF $6. 00 PER LINEAL FOOT. E. FEE FOR DREDGING/FILLING AT THE RATE OF $6.00 PER CUBIC YARD BASED UPON THE ESTIMATED MAXIMUM COMPUTED IN THE APPLICATION. F. FEE FOR WAIVER OR AMENDMENT - $35.00 INCLUDING INSPECTIONS. G. GENERAL INSPECTION FOR OTHER DETERMINATION - $35. 00 H. GRANDFATHER APPLICATION FEE FOR STRUCTURES CONSTRUCTED PRIOR TO 1965 AND WITHOUT PERMIT NUMBERS - $35.00. The following Resolution was adopted during the Board of Trustees meeting held on June 25, 1987 and is forwarded to you for your information: RESOLVED that all moorings, docks, onshore/offshore stakes, any activity to tie up a boat in the water will prohibit the use of bottom paint containing TBT unless the boat is constructed of aluminum or has a motor outdrive. This Resolution was adopted by unanimous vote of the Board. �� :' e' ;•E;: TELEPHONE ` (516) 765-1892 'j 71 BOARD OF TORN 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, 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 SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. n/o,/ APPLICATION NO. DATE JULY 24, 1989 FRED DACIMO - PRESIDENT APPLICANT'S NAME: NARROW RIVER MARINA TEL. NO. (516) 323-2660 MAILING ADDRESS: NARROW RIVER ROAD, ORIENT, L. I. , NEW YORK'.- 11957 AGENT: PECONIC ASSOCIATES, Inc. TEL NO. (516) 477-0030 AGENT ADDRESS: ONE BOOTLEG ALLEY P. 0. BOX 672, GREENPORT, L. I. , NEW YORK - 11944 PERMIT REQUESTED TO: MAINTENANCE DREDGING OF EXISTING CHANNEL TO 4 FT. DEPTH. lt00 (APPROXIMATELY - Cu. YD )AT POINTS INDICATED AND DREDGING MARINA ENTRANCE SILTED IN FROM STORM AND HIGHWAY RUN- OFF. LOCATION OF PROPERTY FOR REQUESTED PERMIT: - NARROW RIVER ROAD, ORIENT, NEW YORK. HAMLET: - ORIENT TAX MAP NO: 1000- 27-2-4 CREEK, BAY OR HARBOR FRONTING PROPERTY: HALLOCKS BAY SIZE OF PROPOSED WORK: SEE PLAN LENGTH: WIDTH: • APP. Pao2. 'Y ` YDS.1 TO BE EXCAVATED: .4.150± YDS. TO BE FILLED: N/A MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: CRANE WITH CLAMSHELL BUCKET ON BARGE. WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: VARIOUS - SEE PLAN. DEPTH AT LOW TIDE: VARIES AVER. RISE IN TIDE: 2 FT. DISTANCE TO NEAREST CHANNEL: N/A DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: N/A R-40, R-80, AND R-200 AREA ZONING: RESIDENTIAL, LOW IS PROJECT FOR PRIVATE OR BUS. USE: BUSINESS DENSITY INTENDED USE OF PROPERTY: MARINA DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: FROM 1874 TO 1933 WAS AN AGRICULTURAL SHIPPING PORT ON ADJACENT PROPERTY FOR WHICH CHANNEL WAS CONSTRUCTED. GARBAGE DUMP FROM APPROX. 1900 TO 1959. MARINA FROM 1959 TO PRESENT< HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: NO HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: NO DESCRIBE FULLY THE REHABILITATION OF PROPERTY: N/A DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: SEE PLAN ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: NO WRITTEN OF OWNER IF NOT THE SAME AS APPLICANT: i COUNTY OF SUFFOLK ) STATE OF NEW YORK ) MERLON E. WIGGIN 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, AND THAT 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, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of Appliliff SWORN TO BEFORE ME THIS DAY OF , 19 T Y PUBLIC JOAN A. JAB NOTARY PUBLIC, State of O`•� No. 4702900 Qualified in Suffolk CbM* . �'rmission Expires March I& jtV1 EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 14.16-2 (2187)-7c • • 617.21 SEC 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 proje( or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequen ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determir significance may have little or no formal knowledge of the environment or may be technically expert in environment; analysis. In addition,many who have knowledge in one particular area may not be aware of the broader concerns affectin the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or actior 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 projec 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 provide 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 mitigatedor reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used4o// evaluate whether or not tht 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 * OPart 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. O A. The project will not result in any large and important impacts) 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.' O 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 Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If differenI from responsible officer) Date 1 a: PART 1—PROJECT INFORMATION * a Prepared by Project Sponsor . r_ NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consi as part of the application for approval and may be subject to further verification and public review. Provide any addi: 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 in new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and sF each instance. NAME OF ACTION LOCATION OF ACTION(Include Streit Address,Municipality and County) NARROW RIVER ROAD, ORIENT, NEW YORK NAME OF APPLICANT/SPONSOR PECONIC ASSOCIATES, INC. BUSINESS TELEPHONE ADDRESS 916 )477-0010 ONE BOOTLEG ALLEY - P. 0. BOX 672 CiTY/PO GREENPORT, L. I. , STATE ZIP CODE NAME OF OWNER(If different) FRED DACIMO I BUSINESS TELEPHONE ADDRESS 11 (516) 323-2660 rMAINTENANCE ITYIPO ORIENT, L. I. STATE ZIP CODE N.Y. 119O7 ESCRIPTION OF ACTION DREDGING OF EXISTING CHANNEL TO 4 FT. DEPTH (APPROXIMATELY � J�. CU. YD.) T POINTS INDICATED AND DREDGING MARINA ENTRANCE SILTED FROM STORM AND HIGHWAY I RUN OFF. 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: OUrban ❑Industrial rLICommercial OResidential (suburban) ORural (non-fz ❑Forest ❑Agriculture bother PUBLIC 2. Total acreage of project area: SEE PLAN acres. APPROXIMATE ACREAGE PRESENTLY AFTER SOMPLETIOh Meadow or Brushland (Non-agricultural) acres Forested acre 0 acres 0 Agricultural (Includes orchards, cropland, 0 acre P pasture, etc.) acres 0 ' Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 acre acres Water Surface Area SEE PLAN acres SEE PLAN acre Unvegetated (Rock, earth or fill) 0 acre acres 0 acre Roads, buildings and other paved surfaces 0 0 JClei Other (Indicate type) 0 acres 0 acre: 3. What is predominant soil type(s) on project site? __ SAND AND SILT acre.- a. Soil drainage: ❑`Nell drained % of site O,`toclerately well drained o• N/A CPoorly drained -__. o. of site .o of site .o b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the t% Land Classification System?N/__A__ acres. (See 1 NYCRR 370). - 4. Are there bedrock outcroppings on project site? ❑Yes ®No a. What is depth to bedrock? (in feet) . 2 S. -Approximate percoge of proposed project site with slopes: PO-10% _0 010-15% M S N/A 015% or greater ,. 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the"State or the Nation. Registers of Historic Places? OYes MNo f 7. Is project substantially contiguous to a site listed on the Resister of National Natural Landmarks? ❑Yes bN 8. What is the depth of the water table? _N/A (in feet) 9. Is site located over a primary, principal, or sole source aquifer? OYes 93No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 93Yes ONo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangerec. OYes INNo 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 OYes INNo Describe 13. Is the project site presently used by the community Qr o h d as an open space or recreation area (MYes ONo If yes, explain MARINA - t�0ff AREA. 14. Does the present site include scenic views known to be important to the community? OYes ONo 15. Streams within or contiguous to project area: N/A 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 HALLOCKS BAY b. Size (In acres) APPROX. 650 ACRES 17. Is the site served by existing public utilities? It Yes ONo a) If Yes, does sufficient capacity exist to allow connection? MYes ONo b) If Yes, will improvements be necessary to allow connection? OYes CNo 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? OYe's ONo SEE NOTE. 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes ®No NOTE: HALLOCKS BAY CONTAINS A CONSIDERABLE AMOUNT OF VALUABLE WETLANDS WHICH HAS BEEN DESIGNATED BY THE STATE FOR PRESERVATION. B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) N/A - MAINTENANCE DREDGING a. Total contiguous acreage owned or controlled by project sponsor acres. SEE PLAN b. Project acreage to be developed: acres initially; acres ultimately.C. Project acreage to remain undeve!oped 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 parkin; spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential Number and type of housing; units: Initially One Family Two Family Multiple Family - Condominium Ultimately i. Dimensions (in tees) of largest proposed structure height; width; y length. j. Linear feet or frontage along a public thoroughfare project will.occupy is? ft. 3 2. How much natuOmaterial (i.e., rock, earth, etc.) will be removed from the site? 050± Qbf /cub's yards 3. Will disturbed areas be reclaimed? Oyes ®No ON/A a. If yes, for what intend.-,: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No 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? 0 acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes WNo , 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: N/A 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 ❑No B. Will blasting occur during construction? OYes MNo 9. Number of jobs generated: during construction d ; after project is complete 0 10. Number of jobs eliminated by this project NONE 11. Will project require relocation of any projects or facilities? Dyes IMNo If yes, explain 12. Is surface liquid waste disposal involved? OYes nNo' 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? OYes VNo Type , 14. Will surface area of an existing water body increase or decrease by proposal? OYes ®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? Oyes ®No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Dyes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Oyes MNo 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 mNo 19. Will project routinely produce odors (more than one hour per day)? Oyes Mo ' 20. Will project produce operating noise exceeding the local ambient noise levels? Oyes MNo 21. Will project result in an increase in energy use? Oyes ®No 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 N/A gallons/day. 24. Does project involve Local, State or Federal funding? OYes MNo If Yes, explain ' 4 �., „25.'Approvals Regld: Submittal Type Date 1 City, Town, Village.Board MYes ONO SOUTHOLD BOARD OF TRUSTEES City, Town, Village Planning Board OYes X]No City, Town Zoning Board OYes E]NO City, County Health Department OYes K]No. Other Local Agencies OYes ®No Other Regional Agencies OYes ®No State Agencies WYes ONO NFW YORK STATF D F r Federal Agencies 16Yes ONO CORP OF ENGINEERS C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? OYes QINo _ If Yes, indicate decision required: Ozoning amendment Ozoning variance Ospecial use permit ❑subdivision ❑site plan Onew/revision of master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? MARINE I 3: What is the maximum potential development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? N/A • 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? NA 6. Is the proposed action consistent with the recommended uses in"adopted local land use plans? 91Yes O 7. What are the predominant land use(s) and zoning classifications within a 'X mile radius of proposed action? RESIDENTIAL LOW DENSITY C 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? ®Yes ❑t 9. If the proposed action is the subdivision of land, how many lots are proposed? _ N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorizations) for the formation of sewer or water districts? OYes ®� 11. Will the proposed action create a demand for any community provided services (recreation, education, polic fire protection)? OYes ®No a. If yes, is existing capacity sufficient to handle projected demand? OYes ONO 12. Will the proposed action result in the generaiion.of traffic significantly above present levels? OYes ER a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONO D. Informational Details Attach any additional information as may he needed to clarify your project. If there are or may be any adver impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification 1 certify that the information provided above is true to the best of my knowledge. Applicant; ons r Name Date JULY 24, 1989 Signature % ` Title PRESIDENT - If the action is in the Coastal Area, an nu are a state agency, complete the Coastal Assessment Form before proceedin with this assessment. 5 t 1b i.Jz3,� FRANK A. KU AWSKI, -R., President " �fi'c'�' J T v; 77- TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President `- R iy `,' .r ; JOHN M. BREDEMEYER, III 4. �� `, �` .t (516) 765-1892 G"yk �. JOHN L. BEDNOSKI, JR. 9e; "� •N, ti HENRY P. SMITH V3� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TO: Judith T. Terry, Town Clerk FROM: Frank A. Kujawski, Jr. , President Board of Trustees RE: Proposed maintenance dredging Narrow River Marina, Orient. DATE: October 2, 1989 The Board of Trustees have concerns on the size of the above referenced project but have no reservations on approval to temporarily store spoil on Town property. r • T � Town Hall, 53095 Main Road p Off- P.O. Box 1179 Southold, New Yorlc 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 1989 ,Z,- �* To: Frank A. Kujawski, Jr. , President Board of Southold Town Trustees From: Judith T. Terry, Town Clerk ~' , Re: Proposed Maintenance Dredging Narrow River Marina, Orient May I have your comments with respect to the attached letter from Merlon Wiggin. I am placing it on the Town Board's October 10th agenda for discussion, possible resolution, and I know they would like the Trustees' comments. Thank you. c New York State Department of Environmental Conservation Region 1 Headquarters SUNY, Building 40, Stony Brook, NY 11794 (516) 751-7900 Thomas C. Jorling Commissioner September 20, 1989I V U Mr. Merlon E. Wiggins ' 9 Peconic Associates f SFp 7 199 ' ! P. 0. Box 672 Greenport, NY 11944 Re: NYSDEC Application No. 10-8970209 Narrow River Marina - Dredging Dear Mr. Wiggins; The Department of Environmental Conservation has made a review of your proposal and has the following comments: (1) Revised plans do not show the bulkhead location .in the northwesterly basin and the mean low water does not connect to anything on the applicant's property. Please include .these on revisions. (2) Please describe the drainage pipe .and its function. Can this be eliminated to provide mitigation for the presumptively incompatible proposed activity (with respect to the Tidal Wetlands Regulations) . Eliminating direct drainage may improve water quality, reduce siltation and reduce the need for future dredging. (3) The latest revised plans show a proposed channel located 100' to .the east of original proposed channel. It appears that the, applicant does not have to dredge at this location. Please take soundings along both sides of this 40' x 6501 .channel and 20' east of the. old channel (along this length) and show these soundings on revised plans; unless the channel length is limited to 300± linear feet. (4) An explanation and substantiation is needed for proposing a .channel at the currently shown location and :Length. (5) Soundings must be taken and depths shown in float area (northwest basin) and in the southwest basin, pipe location.; on revised plans. (6) At dredge area 1 the width of dredge area still needs to be reduced, see comment number 3 of my letter to you dated 4/28/89 (also see enclosure for the area to delete) . 4 • • ;loan I ,,. t P EkcEL.10 SEP 2 5 1989 STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 12231-0001 _- GAIL S.SHAFFER SECRETARY OF STATE August 7, 1989 Mr. Merlon E. Wiggin President Peconic Association, Inc. One Bootleg Alley Greenport, NY 11944 Re: F-89-516 U.S. Army Corps of Engineers/New York District Permit Application Narrow River Marina Town of Southold Request for Additional Information Dear Mr. Wiggin: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State.to adequately assess the coastal zone effects of this proposed project. 1. A letter from the Town of-Southold indicating that you have their permission to temporarily store_ the 4,150 C.Y. dredged spoil in their parking lot is required before review of this application can begin,. 2. Please submit color photographs of the marina entrance area and other areas near this project location that can assist us in this review. 3. What impacts would this activity have on the fish and wildlife habitats in the area? I refer to the Bird Sanctuary, and the Long Beach Bay Habitat. Pursuant to 15 CFR 930.60(a) , the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. y A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Sincerely, '(o abir Persaud Coastal Processes' Technical Srecial.ist MP:ak cc: COE/NY District -Mike Infurna NYS DEC/Region I - Christine Costopoulos Town of Southold Trustees - Frank Kujawski, Jr. PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 September 19, 1989 Mr. Chris Smith Cornell Fish and Aquaculture Specialist Cornell University 39 Sound Avenue Riverhead , L. I . New York - 11901 Re : Narrow - River Marina Orient , New York Dear Mr. Smith : Proposed Maintenance Dredging . In accordance with our telephone conversation , enclosed is the plan for the proposed maintenance dredging previously submitted to the New York State D. E. C. and the Corp of Engineers . Depending on approval date, it is planned to do the dredging only during the winter months and place the dredged material (4 , 150 Cubic Yards ) , which is estimated at eighty percent (80%) silt and twenty percent (20%) sand , in the Town of Southold boat landing parking lot and surround it with hay bales and allow it to drain . Could you please provide your professional opinion as to any potential impact on the scallop population and transplanting , plus any other action that should be taken to mitigate this maintenance dredging . If you have any questions , please do not hesitate to contact this office . Sincerely , PECONIC ASSOCIATES, INC. qMerl�o�nE!. Tin , Ph . D. ,M. E. President Enclosures cc : Mr. Fred Dacimo PECONIC ASSOCIATES INC. ... Environmental Planners & Consultants OneBootleyAlley P.O.Box672 r . Greenport,New York 11944 SE'° 'J 0 030 Fax(51)477-0 98 ro September 19 , 1989 Southold Town Board Southold Town Hall Main Road Southold , L. I . New York - 11971 Re : Narrow River Marina Orient , New York Proposed Maintenance Dredging Dear Members of the Town Board : Reference is made to the enclosed request from the State of New York Department of State . At an on-site meeting in May with representatives of the Corp of Engineers , New York State D. E. C . , and Southold Town Trustees , it was suggested and mutually agreed that the dredge material be temporarily stored in the parking area of the Town of Southold boat landing area , surrounded by hay bales , and allowed to drain . Would you please review, consider , and hopefully approve the same. If you have any questions , please do not hesitate to contact this office. Sincerely , PECONIC ASSOCIATES, INC. Mer on E. Wiggin , P . ,M. E. President Enclosure cc : Southold Town Board of Trustees Mr. Fred Dacimo s File Merlon E. Wiggins September 20, 1989 Page 2 (7) Another form of mitigation that can,.reduce siltation .in the. area would be to place dry wells in the area of the Town boat launching ramp, or install french drains, retention basins, etc. ; for other such structures please refer to Section 661.6(a) (8) . These would lessen the need for dredging, when the direct runoff is reduced. (8) The revised Sheet Number 1 of 2 no 'longer shows the existing channel (as per the previous plan) connecting the north to the south -part of the channel (the south part is showing on page 2 of 2) . (9) In the area of the Town boat launching ramp the mean high water line, spring high tide line and mean low water line must be shown on revised plans. (10) Please submit detailed description of (a) the method of dredging and (b) the method of spoil placement. (11) The outer, seaward limits of the spoil site must be staked (if the area is asphalt,spray paint the limits) and submit photos of staked (or marked) limits with written notice this has been done. If you have questions regarding the above .eleven comments, please call George Stadnick at (516) 751-790.0. Also, you will need to submit written permission from the Town of Southold Trustees to place the spoil on Town property. Upon receipt of the revised plans (4 copies) and other information/material requested in (1) thru (11) above, -your application will be further reviewed. Formal processing will remain suspended until the Town of Southold Trustees makes a final SEQR determination. The decision -on permission to use the spoil site would then probably be made. Thank you for your cooperation. Very truly yours, I�CY Robert N. ..Thurber Senior Environmental Analyst RNT/rw ' enc. cc: F. Dacino F. Kujawski (w/inc.) M. Infurna " T. Hart " G. Stadnick file Q Q O J TEMPORARY SPOIL AREA O �- N LAND IN � � TO 1N M Of �y / _3.6 V � '2'4 .8 LL �/ V 4.8/ / i` PROPOSED' -3.6 CHANNEL / MARK MARI N A Or PILES -3,9 O DOCK O -4.0 _$,4% 9 _ BULKHEAD O -4'2 CROSSECTION - _4 1 -4.3 PROPOSED O 3:7 MARINA ENTRANCE -3.9 / O 3. 7 - / -4.0 DRAINAGE M.C.W�� f PROPOSED O FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President (516) 765-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. 'Ol HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 5, 1989 Robert' N. Thurber New York State Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Re: Narrow River Marina, Orient, N.Y. 10-89-0209 Dear Mr. Thurber: Transmitted herewith is Wetland Application No. 8-1-89-27-2-4 submitted by Peconic Associates on behalf of Narrow River Marina. We would like to coordinate with you in our role as Lead Agency regarding this application. Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees FAK:jas Enclosures CC: Com. Thomas Jorling, N.Y.S.D.E.C. , Albany Building. Dept. C.A.C. Planning Board Mike Infurna, COE/NY District Thomas Hart, N.Y. Dept. of State, Coastal Management Div. F Fxceswa STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 1 223 1-0001 GAIL S.SHAFFER SECRETARY OF STATE August 29, 1989 .Mr. Peter S. Burke Civil Engineer III New York State Department of Transportation Hauppauge, NY 11788 6Re: F-89-547 U.S. Army Corps of Engineers/New York District Permit Application New York State Department of Transportation - Dam Pond Brldac Town of Southold Request for Additional Information Dear Mr. Burke: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. 1. Please send a copy of. the U.S. Army Corps of Engineers application to this office so that we can begin review of this project. 2. Please also send a set of color photographs of the structure to be replaced, and its immediate surroundings. Indicate any tidal wetlands that are present. 3. Please send a copy of the plans for the new structure. Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. Mr. Peter S. Burke August 29, 1989 Page 2 A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Sincerely, Mohabir Persaud Coastal Processes Technical Specialist MP:ak cc: COE/NY District - Michael Infurna NYS DEC/Region I - Christine Costopoulos Town of Southold - Frank Kujawski FRANK A KUJAWSKI, JR : President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President (516) 765-1892 JOHN M. BREDEMEYER, III • O� JOHN L. BEDNOSKI, JR. HENRY P. SMITH o1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 25, 1989 Robert N. Thurber New York State Dept. of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Re: Narrow River Marina, Orient, N.Y. 10-89-0209 Dear Mr. Thurber: Transmitted herewith is Wetland Application No. 8-1-89-27-2-4 submitted by Peconic Associates on behalf of Narrow River Marina. We would like to coordinate with you in our role as Lead Agency regarding this application. Very truly yours, Frank A. Kujawski, Jr. � President Board of Town Trustees FAK: j as Enclosures .cc: Com. Thomas Jorling, N.Y.S.D.E..C. , Albany Building Dept. C.A.C. Planning Board Mike Infurna, COE/NY District Thomas Hart, N.Y. Dept. of State, Coastal Management Div. FRANK A. KUJAWSKI, JR., President a TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President ' ter" a� (516) 765-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. r4 .r HENRY P. SMITHS"= BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 24, 1989 MINUTES PRESENT WERE: Trustee Frank A. Kujawski, Jr. , President Trustee Albert J. Krupski, Jr Trustee John m. Bredemeyer, III Trustee Henry P. Smith Clerk Joan Schneider Trustee John Bednoski absent. I . Monthly Report: The Trustees monthly report for July was $7,194.00, which was forwarded to Supervisor Murphy for the General Fund. II . Public Notices: Public Notices are posted on the Town Clerk' s bulletin board for review. III. Communications: 1. Charles Mebus re: road runoff and dredging projects in Jockey Creek. 2. Margery and Bertram Walker re: beach grass planting on Zeidler property. 3. William T. Evans re: pollution of Mattituck Creek at location of Matt A Mar Marina. 4. Mrs. Royston P. Rind , Meday Ave, Mattituck re: request for extension of Permit #3623 to construct a dock in Mattituck Creek. Permit due to expire September 24, 1989. Motion to approve one year extension, Henry Smith, second, John Bredemeyer, vote of the Board: Ayes; All. Motion Approved. ASSESSMENTS: 1. Peconic Associates on behalf of Narrow River Marina, Orient, NY, to maintenance dredge marina entrance and existing channel to depth of '4' at low tide. FRANK KUJAWSKI: We have comments from the CAC recommending disapproval of this project, John, would you like to elaborate on this for the rest of the Board? FRANK KUJAWSKI : We have comments from the CAC that recommend disapproval. John, do you have any comments on this? JOHN HOLZAPFEL: Sure, point that we made is that it is a very small marina and most of the boats in there do not need 41 . To go in and start dredging 41 , you may be setting a precedent for Hallock' s Bay. Another concern is that it is the only existing scallop population in the Town of Southold, and there is a lot of evidence that points out the main killer of scallops during the winter is smothering. Once the temperature drops below 8-9-10 degrees, they stop almost completely and they can be buried in the silt. That' s what the Green Seal Program found out over the last 3 or 4 years. As a point, I went out at low tide today and rowed up and down, it was fairly low, 2' maybe. I ran my 16-17 ' boat to the town ramp and into there. Once you got a little bit away I felt the water dropped off pretty fast. We have to look at their measurements. It doesn' t look like they want to dredge a lot, but that was our concern. If there is somebody' s boat sitting on the bottom and it' s silted in, I don't think we would have a problem with that. ALBERT KRUPSKI: That' s something I never considered before, its effecting the scallops. FRANK KUJAWSKI: As Albert pointed out before, there was a meeting of the minds where it was going to be cut-back. HENRY SMITH: He doesn't seem concerned about the outboards. He has quite a few sailboats and his main concern is getting them in and out the 4' mark. As far as the smothering, it is such a small project that a good rainstorm would put 10 or 20 times the amount of. . . I 've seen farmers open up the dikes and drain the fields out, and that will create more of a problem than this dredging project. It' s a drop' in the bucket, that' s how I feel. JOHN BREDEMEYER: That could be attended to by the method of dredging, particularly the cold water thing is serious. The big key is not changing the character.-use of this creek, ..but -what about- boat size limitations? They- want to keep the marina of small local character, so I don't think they would object to vessel size limitations that would keep the boats in character with the creek. There are at least two keel boats in there, they' re not big boats, but I think this is where the problem might be. JOHN HOLZAPFEL: Part of the concern is that -it might be a segmentation of the whole project, that once you 'get there, then its that much further that you have to go out and that opens Hallock' s Bay to 30 footers coming in and anchoring overnight and you will have many people there. That is why it is we are more sensitive to that particular place. ALBERT KRUPSKI: That was the meeting Henry and I went to. I asked them if they could possibly scale down the dredging from the marina to the Town landing. • • HENRY SMITH: I was there yesterday and you can see the gully at the end of the Town ramp. There is no question that there is road runoff that is filling that channel in. JOHN BREDEMEYER: Actually, that' s been reconstructed twice already because I got complaints that I referred to the Highway Department, and then they reconstructed it. The ramp has a break in the slope which is almost from the road and the materials we requested not be used had historically been dumped there and the ramp had been washing down constantly. FRANK KUJAWSKI: This is a CEA area and I think what we need to do tonight is at least to record these comments about the project and designate ourselves lead agency here and assess it as a type one project. JOHN BREDEMEYER: Do we have to sign off on the long EAF first, I don't think we have completed it. FRANK KUJAWSKI: Yes, subject to a review of the EAF. If we could have a motion to take lead agency, type one. JOHN BREDEMEYER: I move lead agency and a positive declaration. FRANK KUJAWSKI : This is actually a type one. JOHN BREDEMEYER: Motion to treat as type one, seconded by Frank Kujawski, vote of the Board: Ayes: ALL. This then is sent to the DEC. JOHN BREDEMEYER: The questions I can see coming up is where is the spoil going, and does the Board and the CAC feel that spoils analysis is necessary. ALBERT KRUPSKI : I think we have to cover all the bases. MIKE MOONEY: I would like to make a comment if I can. I have replaced some piles. . and I draw ten inches in my little work boat and I was sitting on the bottom and I know there is no water there. FRANK KUJAWSKI: I don' t think we have any problems with the basins where the boat slips are. I would like to point out to the Board, that there is a note from the U.S. Army Corps that a letter from the Town of Southold to indicate that the applicant has their permission to temporarily store 4,150 cubic yards of dredge spoil on that property is required before they will even review this application. FRANK KUJAWSKI : We may have a long haul here, I do not know if that letter has been forwarded. Do you know anything about that, Mike? MIKE MOONEY: I have not seen the preliminary plans so I don't know what is going on and I 'm not sure how this is going to .be done yet. Motion to recess for Hearings, Frank Kujawski, seconded by Henry Smith. THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES AND AN AFFADAVIT OF PUBLICATION FROM THE LONG ISLAND TRAVELER WATCHMAN. PERTINENT INFORMATION MAY-BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. 7:31 P.M. In the matter of the application of Winifred Antoian to construct a 5 ' x 60' catwalk across the inlet at Gull Pond. Property is located on Gull Pond Lane, Greenport, N.Y. This project was approved by the CAC provided there is minimal disturbance to the wetlands. Is there anyone in the audience to comment either in .favor or in opposition to this project? Seeing no one I will close our Hearing. HENRY SMITH: It is my understanding that the catwalks across Gull Pond inlet be limited to 4' in width, unless the person could show a hardship or physical handicap. • • JOHN BREDEMEYER: There was no one on the property when I inspected it so I do not know if there is a wheel chair need or not. FRANK KUJAWSKI: Both figures, (4' and 5' ) are in the application but I think we could approve it at 4' x 601 , maximum 41 . Is there a motion? Albert Krupski, so moved, second, John Bredemeyer, All in favor: Aye. 7: 32 In the matter of the application of J, .M.O. Consulting on behalf of Peter Fakiris to dredge 100 x 90 ' in boat docking are a, upland disposal of the spoil, property located on Right of Way off Shipyard Lane, East Marion, N.Y'. The CAC did disapprove this, and say that the dredging would have a deleterious effect on clams and bottom organisms, no need show, project would create a pothole effect- on the -bottom. Is there anyone here to speak either in. favor. or in opposition to this project? HENRY SMITH: I was there with you, Frank, and we met with the DEC, Chuck Hamilton, and-'we brought .that' up to- him and he felt that it was no problemwith' f .-really', "and a pothole effect might even create a habitat. ALBERT KRUPSKI: What I am talking about is different than the environmental- effect of the dredging itself, this is a pretty- large project. Is this creating a small marina type situation? FRANK-'KUJAWSKI: : No.- I -don' t think==that'.s a.-possibility,- I think we are talking about a large boat. JOHN HOLZAPFEL: As a point, there are eel grass beds on both sides of this so it is not just bare bottom, and, he' s got 6' of water now. HENRY SMITH: Yes, but when he gets a surge back and forth and you have a boat that draws 41 , and, you get a boat bouncing up and down in there at low tide, especially with a northwest wind, when you get abnormal low tide it will bounce on the bottom. I thin that he is going to have an on going problem there. ALBERT KRUPSKI: How long do you think it will take for it to fill in there? HENRY SMITH: I don't know, but I wouldn' t go along with the 10 year maintenance deal. I think he is going to have an going it should be reviewed each time, that means he can go in there and dredge every year for 10 years? ALBERT KRUPSKI: It doesn' t matter because with this Board looks very favorably on any maintenance so once it is initially done, I don't care whether it 10 (years) or a hundred or two, it doesn't matter. Are there any other concerns? FRANK KUJAWSKI: There- is one _other point htat was just brought to my attention!::�-''1_There is. a subdivision application-for- this "piece of property so I don' t know if we are looking at segmentation here, but, that is rumor. I do not know if that is official. ALBERT KRUPSKI: Don't we also have an assessment on the same property? FRANK KUJAWSKI: We have another thing that is being worked out on the violation. Why don't we table this and just check into it a little further? I don't want to be looking a one portion of a project, I would move to Table this, second, John Bredemeyer, All in favor? Ayes. Tabled. 7.: 33 P.M. In the matter of the application of En Consultants on behalf of Dolores Holman to construct two 30 ' timber groins and fill westerly portion with clean fill on West Lake Drive in Southold, N.Y. The CAC disapproved this project, it does not represent the best engineering, space between the groins should be 2 1/2 to 3 times the length of the • i groins, and it should be only one low profile groin. Is there anyone here to comment either in favor of or in opposition to this application? ROY HAJE: En Consultants for the property owner, Dolores Holman, the project which we have before you now was approved by the DEC and a copy of this has been forwarded to you. If you have visited the property or seen the floor plan you will note that it is in the midst of a very large groin field, which extends both to the east and the west. If you will also check your records you will note that a virtually . . . . groin was constructed about a year and a half ago, by the property owner to the ease, Mr. Barbado. This was patterned after that, since it had been , approved and is similar in length and characteristics to all the other groins that are along there. So, to think that this would have any effect beyond what we intended to, and that is to preserve the beach immediately in front of the subject parcel I think is incorrect, it really couldn't, not in the midst of the groin field the way it is. ALBERT KRUPSKI: Doesn' t elevation determine amount of the water level, as opposed to placing a groin in front of the property? ROY HAJE: Elevation of what, of the, beach? ALBERT KRUPSKI: The beach. I just wonder how effective this is supposed to be. ROY HAJE: If you look at the other beaches, where the groins are presently, there is a dramatic difference between the beaches. . . . we have in the past tried to put stone in there to prevent loss of material at the base and that is not working effectively. We tried the alternatives first. FRANK KUJAWSKI : Why two, Roy, why not start with one? ROY HAJE: We are afraid that one won't do it. Again, this is a similar spacing now from the others. FRANK KUJAWSKI: I can't tell that from the map, it does look like the one to the west is shorter and quite a distance away, maybe more like 60 or 70 ' ROY HAJE: There are actually three on the property to the west. FRANK KUJAWSKI: I can't tell that from the description I have. I see one of similar length to the west. JOHN HOLZAPFEL: Frank, I think on the back of that page there is an outline of all of them. FRANK KUJAWSKI: I see. ALBERT KRUPSKI: Are the length of those drawn into scale, Roy? ROY HAJE: Yes. FRANK KUJAWSKI: No, I don' t think so because they' re all the same length. JOHN HOLZAPFEL: We don't have a problem with the drawings per se, we were just trying to help the person with the better way of doing it, its standard engineering to say that you should have more space and the water can deposit the sand in there. We don't have a problem with it, there are groins all along there. We were just trying to say to the owner that there might be a better way of doing it, that' s really what our comments were about. ROY HAJE: The project was reviewed by the Coastal Engineering people of the DEC in Albany and the permit was issued following their review. JOHN BREDEMEYER: Do you have the Barbatos application also, I remember that was around for a long time. It was initially denied, I believe, and then it went back and subsequently was -approved. FRANK KUJAWSKI: I don't have a problem with it. I think it may be a greater expense than is necessary. As John pointed out there may be a simpler way to do this, I have no doubt that the two groins there are probably going to build up sand. ROY HAJE: I don't think they will have any adverse effect. HENRY SMITH: They are in the middle of a groin field already, its not like, its nothing new to the area. FRANK KUJAWSKI: Are there any other comments on this application or questions for Mr. Haje? Pleasure of the Board? JOHN BREDEMEYER: I make a motion to approve as submitted, second, Henry Smith, vote of Board, Ayes, All. The next hearing is in the matter of Joseph Macari to construct a 6' x 220' timber dock with a 4' x 80' lower platform for- boarding boats, at Paradise Point .in...Southold.. Is there any.: one_ here to speak either against or for this application? _ GEORGE COSTELLO.: I:--.am:.from Costello Marine and -I -am here to.-.represent .the applicant and .I will- answer -any questions. . .. -.-_ FRANK KUJAWSKI I- didn' t-have -any, the 'CAC approved this project as submitted. JOHN BREDEMEYER: Is that where -there are fancy columns and stone work? GEORGE COSTELLO: Yes. We have the DEC permit we got in the middle of July. FRANK KUJAWSKI: Do we have a copy of that in the file? Yes, and the Army Corps. Are there any other comments? We will close this hearing then, do we have a motion? ALBERT KRUPSKI: I make a motion to approve it, second, Henry Smith, vote of the Board, Ayes, All, Approved. . FRANK KUJAWSKI: The next is 7:36 , I guess we missed that, in the matter of the application of Thomas E. Prokop for construction of a floating dock and the repair or replacement of a fixed dock and retaining wall. There were some stipulations that the CAC wanted attached to this and that is .the removal of- the pipe located a the site of the. dock, and I believe that to everyone' s satisfaction, this was taken care of. Are there any comments? My only comment is that this was a violation that has now been cleared up and I will close the hearing and make a motion to approve, second, Albert Krupski, All in favor, Ayes, All. Approved. FRANK KUJAWSKI: The next is in the matter of the application of John Geideman on behalf of the Cutchogue/New Suffolk Park District to construct 80' bulkhead with 10' return on property_ located at the end of Pequash Avenue, Cutchogue,N.Y. Is .there anyone here- to-,speak either.-for or against this application?- MR. RAUCH: My name is Charles Rauch and I reside on Pequash Avenue. We do all our bathing there at the Park District beach and I was wondering what they' re intending to do, if they put a return or a bulkhead in there is it going to wash the beach away as it has done down further from the Park District property. One of the residents there has put in a stone beach, or stone groin, and while it has kept the Park. District Beach clear it has- washed out further to -the east. This is my first- meeting and I 'd like to find out exactly what it is they are going to do. ALBERT KRUPSKI : It' s interesting that you said that because on our inspection we didn't notice, oh,- you are saying that it washed out to the east MR. RAUCH: To the east of the residence right near Pequash Avenue. He put up' a retaining wall there years ago, he threw in a lot of stones, which preserved all the beaches to the west, it was a very good thing. But to the east, it washed out the beach. ALBERT KRUPSKI: We didn't look that far to the east. JOHN BREDEMEYER: So if the same pattern occurred, this structure would then blow out the road ending. MR. RAUCH: Just where is this. . . . FRANK KUJAWSKI: I can show you if you would like to step up here. Looking down the end of Pequash, here is the Park District property, and there is the proposed bulkhead. MR. RAUCH: So where is the swimming area, there is no beach left. FRANK KUJAWSKI: There is actually this much beach right here, at the road ending. Its really not a groin so I don' t think its going to have an effect, to wash away. MR. RAUCH: The only place this is going to build up is on the Pequash Club property. ALBERT KRUPSKI: If what you say is true, it will erode the Town property. FRANK KUJAWSKI : The water is actually below the structure. We don't usually see any structures taking any effect on the beach if its above high water. Correct me if I 'm wrong but I don' t know how it could wash out if high water is actually below the structure. For anything to incur build up, it has to be subject to tidal action. MR. RAUCH: The only one who is going to benefit from this is the Pequash Club cause they are on the west side and the sand is going to build up on the west side, cause their property is washing away, their property is washing into the water. FRANK KUJAWSKI: I would Table this tonight, I would be willing to do that, I'd like to go down there at high tide. JOHN HOLZAPFEL: We went over this about a week ago and I have this book, (The Beaches Are Moving) , written by the Coastal Geologist at Duke University, I quote, "Bulkheads function as a replacement for dunes on .the open beach, with natural vegetation on quieter shores. The normal response of a beach to a big storm is to wheedle sand from the dunes and allow the waves to draw it across the beach. As this happens, the slope becomes flat as the waves encounter more friction in their headlong rush and the beach survives. Sand from offshore . washes back onto the beach and blows into the building dunes so that it' s an on and off cycle that protects itself. Where the beach cannot flatten itself, waves carry off more sand, drop it into deeper water at locations down the beach from where it will not return, and then the closer a bulkhead is to the water, the quicker the beach will disappear. As storms are encouraged to steal the beaches from in front of the bulkheads, groins will appear, and it just goes on and on" . The point I 'm trying to make is that people might lose more of the beach, and they are not going to have a beach in a year or two. It' s something that you need to consider. ALBERT KRUPSKI: Right, that' s what we are considering. FRANK KUJAWSKI: Any other comments? I think we are going to table the hearing so it will be advertised again. I would make that motion to table this hearing, not to close it, second Albert Krupski. All in favor? Vote of the Board, Ayes, All. It will be re-advertised when it comes up again. I wonder if we could meet with Mr. Geidemen here also, or Stanley Salter, the original applicant. FRANK KUJAWSKI : That concludes our public hearings. MIKE MOONEY: What about Theoharides? STATE OF NEW YORK � �ID DEPARTMENT OF STATE ?��` ALBANY. N.Y. 1 223 1-0001 GAIL S.SHAFFER SECRETARY OF STATE August 7, 1989 Mr. Merlon E. Wiggin President Peconic Association, Inc. One Bootleg Alley Greenport, NY 11944 Re: F-89-516 U.S. Army Corps of Engineers/New York District Permit Application Narrow River Marina Town of Southold Request for Additional Information Dear Mr. Wiggin: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department. of State to adequately assess the coastal zone effects of this proposed project. A letter from the Town of Southold indicating that you have their permission to temporarily store the 4,150 C.Y. dredged spoil in their parking lot is required before review of this application can begin. 2. Please submit color photographs of the marina entrance area and other areas near this project location that can assist us in this review. 3. What impacts would this activity have on the fish and wildlife habitats in the area? I refer to the Bird Sanctuary, and the Long Beach Bay Habitat. Pursuant to 15 CFR 930.60(a) , the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which ,you believe will facilitate our consistency review of this project would be appreciated. ► XCELSIOR ':- STATE OF NEW YORK rcr' C�� ���J DEPARTMENT OF STATE .��v� `►� ALBANY, N.Y. 1 223 1-000 1 GAIL S.SHAFFER SECRETARY OF STATE August 7, 1989 Mr. Merlon E. Wiggin President Peconic Association, Inc. One Bootleg Alley Greenport, NY 11944 Re: F-89-516 U.S. Army Corps of Engineers/New York District Permit Application Narrow River Marina Town of Southold Request for Additional Information Dear Mr. Wiggin: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department. of State to adequately assess the coastal zone effects of this proposed project. 1. A letter from the Town of Southold indicating that you have their permission to temporarily store the 4,150 C.Y. dredged spoil in their parking lot is requi ed before review of this application can begin. parking Rg,�'0.1,4 2. Please submit co hotographs of the marina entrance area and other areas near this project location that can assist us in this review. 3. What impacts would this activity have on the fish and wildlife habitats in the area? I refer to the Bird Sanctuary, and the Long Beach Bay Habitat. Pursuant to 15 CFR 930.60(a) , the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this -project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Sincerely, hiohabir Persaud Coastal Processes Technical Specialist MP:ak cc: COE/NY District -Mike Infurna NYS DEC/Region I - Christine Costopoulos Town of Southold Trustees - Frank Kujawski, Jr. hit e A FRANK A. KUJAWSKI, JR., President r pv1 TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President � (516) 765-1892 JOHN M. BREDEMEYER, III t � ,'"•` - ' � .,iJ _ 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 August 2, 1989 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is application No. 8-1-89-27-2-4 for 'a Wetland Permit submitted by Peconic Associates on behalf of Narrow River Marina, Orient, N.Y. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees (�j FAK:j as cc: Bldg. Dep't. ' ; _ { r Now York State Department of Environmental Conservation � 50 Wolf Road, Albany, New York 12233 Thomas C. Jorling MMV F,,Omml,ssloner UL AM Dearc RE: LEAD AGENCY COORDINATION REQUEST The purpose of this request is to 'determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 ,NYCRR Part 617 the following:. 1. Your agency' s interest in acting as lead agency; I' 2. Your agency' s jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated:. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. I i Project Name: h j ! c, Project L:.ocation: � p , �� � / L�, l DEC Project Number,: DEC Permits: �� c� (,�' �—�G,.a., � Q'r�� � �' �..�: ✓'3 SEQR Classification: ] Type I [ ] Unlisted DEC Contact Person: j� 6, �c�✓ DEC Position: [ ) DEC has no objection to ,your agency or another, agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. -2- ` [ ] DEC has no objection to your agency or another agency assuming lead ag;en,cy status for this action, but we have the following concerns regarding this project (see "comments" below) . [ ] DEC wishes to assume lead agency status for this action. : .; . G.' [ The proposed action has been identified by DEC as occurring wholly or partially within or substantially contiguous to a cr'tical environmental area (CEA) that was designated by �u 112 ea'-t,% It is the position of this Department that your agency, if it has a juris- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) I Comments (Optional ) : C LvK r- -(" G.r�..� ��r(�► vt (A-014 ti O ry Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. If neither your agency nor any other involved agency, including DEC, has indicated a will- ingness to serve as lead agency within 30 days of this letter: �}Q We will petition the Commissioner of DEC to designate a lead agency for this action. [ ] We will petition the Commissioner of DEC to designate your agency as lead, presuming you have jurisdiction. Please feel free to contact this office for further information or discussion. Sincerely, i; Enclosures cc: (see distribution List) I a•�`.;tJl"W YORK STATE DF.PAR NT OF ENVIRONMENTAL CONSERVATION �' ,.,—,.. �,.,, �J-- •, JOINT APP O PERMIT ATION FOR U.S.ARMY CORPS OF ENGINEIVPPLICATt6N NO. Please read ALL instructions on back before completing this application. Please type or print clearly in ink.Attach additional information as needed. ❑❑nARTICLE 9,TITLE 1,ARTICLE 43 6NYCRR 646(LAKE GEORGE RECREATION ZONE) t1ARTICLE 15,TITLE 3(AQUATIC PESTICIDES CONTROL) 06NYCRR 327(AQUATIC VEGETATION) 116NYCRR 328(FISH) 1:16NYCRR 329(INSECTS) S ❑ARTICLE 15,TITLE 5 6NYCRR 608(PROTECTION OF WATERS) T A ❑For the construction, reconstruction,or repair of a DAM or other impoundment structure,•. T [-][,or the disturbance at a STREAM BED OR BANKS or excavation in or fill of NAVIGABI.E WATERS, ❑40'1 WATER QUALITY CERTIFICATION E ❑ARTICLE 15,TITLE 15 116NYCRR 601 (WATER SUPPLY) ❑6NYCRR 602(LONG ISLAND WELL) ❑ARTICLE 15,TITLE 27 6NYCRR 666(WILD, SCENIC AND RECREATIONAL RIVERS) ❑ARTICLE 24 6NYCRR 662,663(FRESHWATER WETLANDS) ❑ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS) —]ARTICLE 34 6NYCRR 505(COASTAL EROSION) -------------------------------------------------------------------------------------------------------------------------------------------------- ' F ❑SECTION 10(RIVER AND HARBOR ACT OF 1899)for structures and work in navigable waters of the U.S. COASTAL CONSISTENCY CERTIFICATION. E ❑SECTION 404(CLEAN WATER ACT OF 1977)for disposal of dredged or fill material in waters of the U.S. D ❑SECTION 103(MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT)for'the transportation of dredged materials for dumping into ocean waters. 1. LIST PREVIOUS PERMIT/APPLICATION NUMBERS AND DATES(If any)' NONE 2. APPLICANT IS A/AN ®Owner ❑Operator El Lessee ❑Municipality/Governmental Agency (Check as many as apply) 3. NAME OF APPLICANT(Use Full Name) �7- FRED DACIMO ¢�.�I ':.t ;,. . ;i ' V MAILING ADDRESS r' i TELEPHONE(Where can be,reached during day) . NARROW RIVER ROAD � '� ~� ( 516 323-2660 POST OFFICE JUL 4 STATE•�` I ZIP CODE {j ORIENT, L . I . N. Yi�IC ` 11957 ;'1'' 4. NAME OF ❑Owner ®Agent/Contact Person (Check one)5 >'• �. �. . P E C O N I C MAILING ADDRESS TELEPHONE(Where can be{'reached during day) ! ?: ONE BOOTLEG ALLEY P . 0. BOX ' 672 ( _ in POST OFFICE STATE ';;'` ZIP CODE Ei4 GREENPORT, L. I . 5. PROJECT/FACILITY LOCATION(Mark location on map,see Number 1a on reverse side) County S U F F O L K I Town or city S O U T H O L D I Village ORIENT STREET ADDRESS(If different from applicant) •,, NARROW RIVER ROAD POST OFFICE STATE ZIP CODE •t„ ORIENT, L. I . ;I. . 6. NAME OF STREAM OR BODY OF WATER HALLOCKS BAY 7. HAS WORK BEGUN ON PROJECT? If YES, attach explanation on starting work without permit, includes dates. 8. WILL PROJECT bt-ILIZE STATE LAND? i ❑Yes ®No Show work on map and/or drawings. ❑Yes JP No 9. PROPOSED USE: 10. PROPOSED STARTING DATE: 11. APPROXIMATE COMPLETION DATE: 12. FEE OF(NYS Permit Only) �ry ❑ Private IJ Public ❑ Commercial 10/19 8 9 T H R U 4/ 19 9 0 4/19 9 0 $ 10 .i'0'0. Enclosed i 13. PROJECT DESCRIPTION: (e.g. quantity type of material to be excavated, dredged or used for fill or rip rap, location of disposal sites i ype of �{ F structure to be installed; height of dam; size of impoundent; capacities of proposed water sources;extent of distribution system;etc.) t 4 150 }� MAINTENANCE DREDGING OF EXISTING CHANNEL TO 4 FT. DEPTH (APPROXIMATELY XUU± CU. AT POINTS INDICATED AND DREDGING MARINA ENTRANCE SILTED IN FROM STORM AND 'HIGHWAY RUN OFF. 14. WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL, STATE AND/OR LOCAL PERMITS? Yes ❑ No If yes, please listij SOUTHOLD TOWN BOARD OF TRUSTEES U. S. ARMY CORP OF ENGINEERS NEW YORK' STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM 15. CERTIFICATION: I hereby affirm that under penality of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions,damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C. Section 1001 provides for a fine of not more than $10,000 or imprisonment for not more than five years, or both, where an applicant knowingly and willfully falsifies,co is,or covers up a material fact;or knowingly makes or uses a false.,fictitous or fraudulent statement. El hereby authorize the agent named in Numb r 4. ab ve t submit this plication ory my behalf. 1 DATE SIGNATURE PRESIDENT TITLE PLEASE READ ALL INSTRUCTIONS ON REVERSE SIDE PERMIT ADMINISTRATOR A. PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 July 24 , 1989 Southold Town Board of Trustees Southold Town Hall Main Road Southold , L . I . New York - 11971 Re : Narrow River Marina Orient , New York Permit Application Gentlemen : Enclosed is the Permit Application for maintenance dredging and channel marking approaches to the Narrow River Marina . Application .d,etails have incorporated into them the suggestions made during our on-site meeting of May 26 that included limiting dredging to only two (2 ) areas . You will note that the majority of the dredging in the immediate vicinity of the marina is silt , theoretically caused by drainpipes from both State and Town highways and adjacent agricultural land . If you have any questions., please do not hesitate to contact this office . Sincerely , PECONIC ASSOCIATES, INC. erlon E . Wig.gi Ph . D. , M. E. President Enclosures cc : Mr. Fred Dacimo Narrow River Marina MEW/iw ;- 8/10/89 Page 2 Wetland Application No. 7-6-89-110-7-28 submitted by Gus Wade was tabled. The Council needs better plans before it can make a recom- mendation. End .of East Road, Cutchogue. On a motion by Bruce Loucka, seconded by John Tuthil, it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 7-7-89-70-13-20. 8 submitted by James E. Fitzgerald on behalf of Richard Hall to construct a single family residence with a private- well and private sewage system; construct walkway 4 ' x 25 ' from retaining wall over rocks; 4 ' x 7 ' stairs for access to beach from catwalk. Should the applicant construct the swimming pool which was shown on the plans , the Council suggests the backwash have its own drywell and that the backwash and drywell be placed as far from the wetlands as possible. Kimberly Lane, Southold. Vote of Council: Ayes : All Motion carried. On a motion by John Tuthill, seconded by Margaret Feeney, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetland Application No. 8-1-89-27-2-4 submitted by . Peconic Associates for Narrow River Marina- to maintenance dredge the existing channel to a 4 ' depth at points indicated on submitted plans and dredge marina entrance. The Council recommends disapproval of the dredging project because the channel, as marked on survey, will service small boats and outboards . ' The project would damage the scallops, silting would cover the only viable scallop population in Southold Town. Narrow River Road, Orient . Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by John Tuthill, it was RESOLVED- to recommend to the Southold Town Trustees approval of Wetland Application No. 8-2-89-12-23-38. 1-1-22 submitted by John Geideman on behalf of Crescent Beach Condo Association to set out 8 piles to create 7 slips siongside existing dock and add a splash board to dock in pile area. Foot of Maple Lane, Greenport . Vote of Council: Ayes : All Motion carried. s On a motion by Bruce Loucka, seconded by John Tuthill, it was RESOLVED to recommend to the Southold Town Trustees approval with stipulations of Wetland Application No. 8-3-89-70-6-10 submitted by Janet Maddens to replace 118 l.f. of bulkhead. The Council recom- mends approval only if the bulkhead is replaced in kind, in place , and not within 18" as proposed. R.O.W, of Oaklawn Avenue, Southold. Vote of Council: Ayes : All Motion carried. TELEPHONE e% >•' ,; !y''''' ;. (516) 765-1892 t BOARD OF TOWN TI L'STEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road, P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES„ TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTA ,'' AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN,`: AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO.0�l �✓ l +/ DATE J ULY 24, 1989 FRED DACIMO - PRESIDENT APPLICANT'S NAME: NARROW RIVER MARINA TEL. NO. (516) 323-2660 MAILING ADDRESS: NARROW RIVER ROAD, ORIENT, L. I. , NEW YORK - 11957 AGENT: PECONIC ASSOCIATES, Inc. TEL NO. (516) 477-0030 AGENT ADDRESS: ONE BOOTLEG ALLEY , P. 0. BOX 672, GREENPORT, L. I. , NEW YORK - 11944 PERMIT REQUESTED TO: MAINTENANCE DREDGING OF EXISTING CHANNEL TO 4 FT. DEPTH (APPROXIMATELY 4,150± CU. YD )AT POINTS INDICATED AND DREDGING MARINA ENTRANCE SILTED IN FROM STORM AND HIGHWAY RUN- OFF. LOCATION OF PROPERTY FOR REQUESTED PERMIT: NARROW RIVER ROAD, ORIENT, NEW YORK. HAMLET: - ORIENT TAX MAP NO: 1000- 27-2-4 CREEK, BAY OR HARBOR FRONTING PROPERTY: HALLOCKS BAY -'.SIZE OF PROPOSED WORK: SEE PLAN LENGTH: WIDTH: App. Pagt. r ' YDS. TO BE EXCAVATED: .4,150± YDS. TO BE FILLED: N/A MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: CRANE WITH CLAMSHELL BUCKET ON BARGE. WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: VARIOUS - SEE PLAN. DEPTH AT LOW TIDE: •VARIES AVER. RISE IN TIDE: 2 FT. DISTANCE TO NEAREST CHANNEL: N/A DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: N/A R-40, R-80, AND R-200 AREA ZONING: RESIDENTIAL, LOW IS PROJECT FOR PRIVATE OR BUS. USE: BUSINESS DENSITY INTENDED USE OF PROPERTY: MARINA DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: FROM 1874 TO 1933 WAS AN AGRICULTURAL SHIPPING PORT ON ADJACENT PROPERTY FOR WHICH CHANNEL WAS CONSTRUCTED. GARBAGE DUMP FROM APPROX. 1900 TO 1959. MARINA FROM 1959 TO PRESENT< HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: NO HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL . AGENCY: NO DESCRIBE FULLY THE REHABILITATION OF PROPERTY: N/A DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: SEE PLAN ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: NO WRITTEN S OF OWNER IF NOT THE SAME AS APPLICANT: COUNTY OF SUFFOLK ) STATE OF NEW YORK ) MERLON E. WIGGIN 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, AND THAT 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, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of Appliciov SWORN TO BEFORE ME THIS '7'11A DAY OF , 19 T Y PUBLIC JOAN A JAC= NOTARY PUBLIC, State of J%V 0* No. 4702900 Qualified in Suffolk 'Cow . .'-'inmission Expires March I& Itj/ EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 MAIN ROAD SR': - O Ak ��N 1 6 yp ZP s: o 0 A: � t 1� p '1 W � p /1 PLAT} RD \ f. DR DNARD L I 04 aE V P p�ohAROsr �P•LLOCY- F 4z ri!( r PD` If s 11 ~p pG�G NA �• R' LOCATION MAP �1 VI I� pA fJ Rp / €�.•I M tr,� 0g1Egi HAq�011 - `v� K z." TEMPORARY PLAN OF CHANNEL SPOIL AREA AT ORIENT f LANDING TOWN OF SOUTHOL D `?oW N SUFFOLK COUNTY, N.Y. tA 04/ 1000 - 027 - 02 - 04 / JUNE 20, 1989 s. /Z° JULY II 1989 ( revise ) . Y I C j \./ 'RKOROSED• 'J 6 CHANNEL C, 'ARK MARINA L i C' DOCK I p N— �i 9 °'cgossEcrlon— /AI I IWLKNEAO O PAo POSED ,iI O MARINA ENTRANCE _ June 30 , 1989 To Whom It May Concern : This letter authorizes PECONIC ASSOCIATES, INC. to act in my behalf in making applications and securing necessary permits relative to the maintenance dredging of existing channel and dredging of marina entrance silted in from storm and highway run off at NARROW RIVER MARINA, NARROW RIVER ROAD, ORIENT, NEW YORK. AUTHORIZED BY : NAME: DATE: 7" A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please .call me at (518) 474-3642 if you have any questions. Sincerely, Mohabir Persaud Coastal Processes Technical Specialist MP:ak cc: COE/NY District -Mike Infurna NYS DEC/Region I - Christine Costopoulos Town of Southold Trustees - Frank Kujawski, Jr. 1i41vb 2 (2/87)-7c • 617.21 SEC Appendix A State Environmental Cuality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proje( or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequen ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determir significance may have little or no formal knowledge of the environment or may be technically expert in environment: analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or actior 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 projec 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 provide 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 Ito evaluate whether or not th, 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 art 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 agencythat: 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 Aao levy 1 Name of Action Name of Lead Agency f Print or type Na of Responsible Office in Lead Agency , Tale of he,ponsible Officer Si ure of Responsible Officer in Lea Agency Signature of Prep (If erent from responsible officer) Date 1 > 0 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 on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consi as part of the application for approval and may be subject to further verification and public review. Provide any addi: 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 in new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and sF each instance. NAME OF ACTION NARROW RIVER MARINA LOCATION OF ACTION(Include Street Address,Municipality and County) NARROW RIVER ROAD, ORIENT, NEW YORK NAME OF APPLICANT/SPONSOR PECONIC ASSOCIATES, INC. BUSINESS TELEPHONE ADDRESS ) 77-0030 ONE BOOTLEG ALLEY - P. 0. BOX 672 cITY/Po . GREENPORT, L. I. , STATE ZIP CODE NAME OF OWNER(If different) FRED DACIMO BUSINESS TELEPHONE ADDRESS (516) 323-2660 CITY/PO O R I ENT, L. I. EN_ TATE ZIP CODE Y. 11957 DESCRIPTION OF ACTION MAINTENANCE DREDGING OF EXISTING CHANNEL TO 4 FT. DEPTH (APPROXIMATELY 4,150.± CU. YD.) AT POINTS INDICATED AND DREDGING MARINA ENTRANCE SILTED FROM STORM AND HIGHWAY I RUN OFF. 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: OUrban Olndustrial $]Commercial CResidential(suburban) ❑Rural (non-fz ❑Forest ❑Agriculture bother PUBLIC 2. Total acreage of project area: S )l AN acres. APPROXIMATE ACREAGE ' PRESENTLY AFTER �O��tPLETIOf` Meadow or Brushland (Non-agricultural) 0 Forested 0 acres acre acres 0 acre Agricultural (Includes orchards, cropland, pasture, etc.) 0 0 acres _ acre Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) 0 acres 0 Water Surface Area PLAN SEE PLAN acre acres �SEE acre Unvegetated (Rock, earth or fill) 0 acres 0 Roads, buildings and other paved surfaces 0 acre acres 0 Other (Indicate type) 0 acres 0 acre: 3. What is•predominant soil type(s) on acre: project site? _ SAND AND SILT a. Soil drainage: ❑`Nell drained o� N/A o of site 0XIciderately well drained o, of site GPoorly 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 n Land Classification System?N/= acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? CYes ®No a. What is depth to bedrock? (in feet) 2 "5. 'Approximate peri•+tage of proposed project site with slopes: p-10°0 0 ';o 010-15% s N/A 015% or greater __ 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the'State or the Nation. Registers of Historic Places? OYes MNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑YesJN 8.. What is the depth of the water table? N/A (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes ItNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? nYes ❑No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangerec OYes INNo 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 OYes INNo Describe 13. Is the project site presently used by the community o 66 d as an open space or recreation area IMYes ❑No If yes, explain MARINA - ToNfe A . 14. Does the present site include scenic views known to be important to the community? OYes ❑No 15. Streams within or contiguous to project area: __ N/A 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 HALLOCKS BAY b. Size (In acres) APPROX. 650 ACRES 17. Is the site served by existing public utilities? ]Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? MYes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes K]No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 30.3? OYes ®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? OYes ONo SEE NOTE. 20. Has the site ever been used for the disposal of solid or hazardous wastes? []Yes ®No NOTE: HALLOCKS BAY CONTAINS A CONSIDERABLE AMOUNT OF VALUABLE WETLANDS WHICH HAS BEEN DESIGNATED BY THE STATE FOR PRESERVATION. B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) N/A - MAINTENANCE DREDGING a. Total contiguous acreage owned or controlled by project sponsor acres. SEE PLAN 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 o' 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 or frontage along a public thoroughfare project will.occupy is? ft. 3 - 2.' How much nato material (i.e., rock, earth, etc.) will be removed from the site?If,150± - - --TXtbU/cubic yards • 3. Will'disturbed areas be reclaimed? OYes KINo ❑N/A a. If yes, for what intend. purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ' ❑No 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? 0 acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes IXNo - 6. If single phase project: Anticipated period of construction 1 months, (including demolition). 7. If multi-phased: N/A 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 ❑No 8. Will blasting occur during construction? OYes MNo 9. Number of jobs generated: during construction 4 ; after project is complete __ 0 10. Number of jobs eliminated by this project NONE 11. Will project require relocation of any projects or facilities? OYes MNo If yes, explain 12. Is surface liquid waste disposal involved? OYes MNo' 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? OYes VNo: Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes ®No Explain 15. Is proji:ct or any portion of project located in a 100 year flood plain? OYes ANo 16. Will the project generate solid waste? Dyes KINo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ONo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes MNo 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 tNO 19. Will project routinely produce odors (more than one hour per day)? OYes t7No ' 20. Will project produce operating noise exceeding the local ambient noise levels? Oyes INNo 21. Will project result in an increase in energy use? OYes ®No 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 N/A gallons/day. 24. Does project involve Local. State or Federal funding? OYes MNo If Yes, explain 4 • 23'.'Approvals RJR& Submittal Type Date City, Town, village.Eioard ]Yes ONo SOUTHOLD BOARD OF TRUSTEES City, Town, Village Planning Board OYes 9INo City, Town Zoning Board ❑Yes X]No City, County Health Department ❑Yes ONo Other Local Agencies OYes ®No Other Regional Agencies OYes ®No State Agencies 00Yes ONo NFW YnRK STATF f1 F r Federal Agencies 6Yes ONo CORP OF ENGINEERS C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? OYes X]No _ If Yes, indicate decision required: Ozoning amendment ❑zoning variance Ospecial use permit Osubdivision Osite plan Onew/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? MARINE I 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? — N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in"adopted local land use plans? ItYes OP 7. What are the predominant land use(s) and zoning classifications within a 14 mile radius of proposed action? RESIDENTIAL .LOW DENSITY C 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? ®Yes ❑� 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorizations) for the formation of sewer or water districts? OYes ®> 11. Will the proposed action create a demand for any community provided services (recreation, education, polic fire protection)? OYes ®No a. If yes, is existing capacity sufficient to handle projected demand? OYes ONo 12. Will the proposed action result in the generaiion.of traffic significantly above present levels? OYes CIN a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONO D. Informational Details Attach any additional information as may he needed to clarify your project. If there are or may be any adver. impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. Applicant/ ons r Name Date JULY 24, 1989 Signature Title PRESIDENT If the action is in the Coastal Area, an ou are a state agency, complete the Coastal Assessment Form before proceedin with this assessment. 5 q 6 Part 2—PROJECT IMPACTS AND THEIR PAAGIApL 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 be( 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 simp 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 magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State ar for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropria- 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 an have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each questio; • 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 th impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshol; 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 e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderat, impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. Thi. 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 Examples that would apply to column 2 ONO CkES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ foot of length), or where the general slopes in the project area exceed El ❑Yes ❑No 10%. • Construction on land where the depth to the water table is less than ❑ 3 feet. ❑ ❑Yes ❑No • Construction of paved parking area for 1,000 or more vehicles. D • Construction on land where bedrock is exposed or generally within ❑ ❑ Dyes ❑No 3 feet of existing ground surface. D y es ❑No • .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 ❑ ❑ tons of natural material (i.e., rock or soil) per year. ❑Yes ❑No • Construction or expansion of a sanitary landfill. ❑ ❑ • Construction in a designated floodway. ❑Yes ❑No • Other impacts /.-o -� y �, eel's ElOYes ❑No OQC_b-.--/ire:— �, a�Z7 cam — ❑ El Yes ❑No 2. Will there be an effect tf. _.,,y ur::que or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc-QNO Gl'ES • Specific land forms: ❑ . - � El Yes ❑No 6 25.'Approvatl4quired: 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 y State Agencies Yes ❑No hl bEC 11J L Das %S Federal Agencies Yes ❑No C06 C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ❑Yes ❑No _ If Yes, indicate decision required: Ozone amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/rev ion of master plan ❑resource management plan ❑other 2. What is the zoni classification(s)of the site? 3. What is the maximu otential development of the site if d eloped as permitted by the present zoning? 4. What is the proposed zoning f the site? S. What is the maximum potential velopment of the to if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with th reco mended uses in adopted local land use plans? []Yes El 7. What are the predominant land use(s) and o ng classifications within a '/4 mile radius of proposed action? 8. Is the proposed action compatible wit adjoi ing/surrounding land uses within a '/4 mile? ❑Yes El 9. If the proposed action is the subdivisi n of land, how many lots are proposed? a. What is the minimum lot si a proposed? 10. Will proposed action require any uthorization(s) for the ormation of sewer or water districts? ❑Yes ON, 11 . Will the proposed action treat a demand for any comm ity provided services (recreation, education, police fire protection)? Dyes No a. If yes, is existing ca city sufficient to handle projected de and? ❑Yes ❑No , 12. Will the proposed action r suit in the generation of traffic significantly ove present levels? ❑Yes ❑No a. If yes, is the exis ing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational De ils Attach any addition information as may be needed to clarify your project. If there are or may be any advers( impacts associated with our proposal, please discuss such impacts and the measures which you propose to mitigate o. avoid them. E. Verification I certify that a information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature • 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 3 IMPACT ON WATER Small to Potential Can Impact BE 3. Will proposed action affect any water body designated as protected? Moderate Large Mitigated By (Under Articles 15,24, 25 of the Environmental Conservation Law, ECL) Impact Impact Project Chang: ONO -,YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ONO • Dredging more than 100 cubic yards of material from channel of a ❑ Yes ONO �t protected stream.�'? • Extension of utility distribution facilities through a ted water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or idal wetlan ❑ Yes ONO • Other impacts: ❑ ❑ El Yes ONO 4. Will proposed action affect any non-protected exist or 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 ONO 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: ❑ ❑ ❑Yes ONO 5. Will Proposed Action affect surface or groundwater quality or quantity? IFLN0 DYES Examples that would apply to column 2 Z� • Proposed Action will require a discharge permit. ❑ El ❑Yes ONO • Proposed Action requires use of a source of water that does not ❑ ❑ []Yes ONO have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ENO gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes ONO supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ONO do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per Elday. El ❑Yes ❑No • Proposed Action will like!%, cause siltation or other discharge into an ❑ ❑ ❑Yes ❑Nb existing body of water to tr;-extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require- the storage of petroleum or chemical ❑ ❑ ❑Yes- ONO products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ONO and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ONO require new or expansion of erxistint; waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑1'es ❑No 6. Will proposed action alter draimwe flaw or patterns, or surface water runoff? L9,\'0 ❑YES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes []No 7 F mall to Potential Can Impact Be oderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ • Proposed Action is incompatible with existing drainage patterns. El ❑Yes ❑No • Proposed Action will allow development in a designated floodway. El0 ❑Yes ❑No ❑Yes []No Other impacts: ❑ ❑ - ❑Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? �9NO ❑YES Examples that would apply to column 2 • 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 hour. ❑Yes ❑No • Emission 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 ❑ ❑ to industrial use. []Yes ❑No • Proposed action will allow an increase in the density of industrial ❑ development within existing industrial areas. ❑ ❑Yes ❑No • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or end ngered species? NO YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ list, using the site, over or near site or found on the site. El Yes []No • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑Yes ❑No Application of pesticide or herbicide more than twice a year, other ❑ than for agricultural purposes. ❑ ❑Yes .❑No • Other impacts:_ t7sS��i� Zk-" .,_? 70 i?e;?C —_/�aA�r�o_ c�Qr:�41✓LSy�vS �l ❑ El Yes ❑No 9 Will Proposed Action substantially affect non-threa ened or nova-endangered species? ZNO DYES 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 ❑1'es ❑No vegetation. IMPACT ON AGRICULTURAL LAND RESOURCcS 10 Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 -4,10 OYES • the proposed action would sever, cross or limit access to agricultural ❑ ❑ land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) ❑Yes ❑No 8 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 RESOURCES` 11 . Will proposed action affect aesthetic resources? N0 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 ❑ ❑ Dyes []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 ❑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? kNO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ El 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: ❑ ❑ ❑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 ONO -OYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes • A major reduction of an open space important to the community. ❑No ❑ ❑ ❑Yes ❑No • Other impacts: -7A•j2 PC'A"S(-' Cvs1T�a? pEJ��y.,0el-v F ❑ I]Yes ❑No 9 IMPACT ON TRANSPORTATION 1 2 3 Small to Potential Can Impact Br 14. Will there be an effect to existing transportation sy ms? Moderate Large Mitigated By NO DYES Impact Impact Project Chang. Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ El Yes []No • Other impacts: ❑ -Q ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? CNO DYES 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? O DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. _ "I • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH: 17. Will Proposed Action affect public health and safety? �NO OYES 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 El 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 ❑NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 IMPACT ON GROWTH AND CHARACTER 1 2 3 OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be 18. Will proposed action affect the character of the existing community? Moderate Large Mitigated By �NO DYES Impact Impact Project Change 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. ❑ ❑ El Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑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. ❑ ❑ El Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ❑NO YES 1f 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 Park 3—:'-='JaLUAT10i`J O� THE_RAPORI 1"ANCc OF Responsibility of Lead Agency Part 3 must be prepared if one or more impacts) 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. Less di= CCA 2. Describe(if applicable)how the impact could, itigated r reduced to a small to moderate impact by project chan e A CCD ti— - '4-40� a� •j" ,cr�E L s). b 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 diverhence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 ' -14-14.11 6 1 7.2 1 ` Appendix B �cCIR 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-'/4 'A-'/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 ❑ ❑ --. ❑ EI ❑ 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? ❑ ❑ 0 ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ natural features? • National Park Service lands? ❑ ❑ ❑ El ❑ • 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? ❑ ❑ ❑ ❑ O. . • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ i j2. 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 I used by the public during the time of year during which the project will be visible? Yes ❑No " 1 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 El Forested Agricultural Suburban residential Industrial Commercial Urban ❑ River, Lake, Pond Cliffs, Overlooks 0 Designated Open Space EJ Flat Hilly Mountainous Other El NOTE: add attachments as needed 5. Are there visually similar projects within: *'/z mile ❑Yes ❑No *1 miles ❑Yes El No *2 miles Yes El No *3 miles ❑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 Travel to and from work Daily Weekly Weekends Seasonally • Involved in recreational activities Routine travel by residents El J❑ At a residence � El 0 ❑ At worksite � � � ❑ Other ❑ I i 2 } bu,/d nos 'M L! Sle-7 4.3 gcGUMC,�aTiDN f2oM ' P�ol3/1/3�� F42H7 puNoFP L9 el.-a3 f MEAN LOW WATER 2.0 -4 23min. 3'mm III O PROPOSED / — -- - -- H M DN�NNEL - = L =T -- j_I, _ - NARRER O r'-4 • (l1 PROPOSED CROSSECTION 2.1 1 CHANNEL ""R`E" PROPOSED MARINA ENTRANCE BLINDS \ I z.6 •• - NO SCALE 7 I 2 6 -,9. 1.7 O /I/ ' ) - -,.8 Q f !.! ,7 .3 8.2 " ELEVATIONS ARE REFERENCED TO N.G.V. D. 6 ELEVATIONS OF MEAN HIGH WATER = 2.0 '— �•l MEAN RANGE OF TIDE = 2.3' ± �1.8 WETLANDS CATEGORIES -4.0 IM Intertidal Marsh ED HM High Marsh or Salt Meadow 2 . l -40 ,_ H M PROPOSED CHANNEL 2.0 -_ M-ARKER =l...' RED OR - GREEN BAND 1 - 3.9 M L ,BOTTOM I.e ].0 6" DIA BUTT DOWN DRIVEN MIN.8• I •s0":"" ' a -s t 1 .° I,WI �/4•• MIN. DIA GAL.BOLT _4.9 o -o -4.e i 6•• 11 6" CCA BLOCK / 0.1 20 -!.] 2.9 1.9 LANDS !� -e.0 S.MET G�6 ( / I M -!.) SHEET 1 OF 2 � J try QA- _ __._ . . _ 1 -e1 f 516) 7 ORS 1 P.C. 2.0 EC I 5 - 5020 =O. Box 909 ` LINE �.IAIN ROAD H _]� - S•IJTHOLD N.Y. 11971 MATc - PRO"," r• I• - <[cp - IL NaeRE 756 = — :1 �` •_`',� TELEPHONE (516) 765-1892 .t 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, 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 SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. ® 9' /r�- DATE JULY 24, 1989 FRED DACIMO - PRESIDENT APPLICANT'S NAME: NARROW RIVER MARINA TEL. NO. (516) 323-2660 MAILING ADDRESS: NARROW RIVER ROAD, ORIENT, L. I. , NEW YORK - 11957 AGENT: PECONIC ASSOCIATES, Inc. TEL NO. (516) 477-0030 AGENT ADDRESS: ONE BOOTLEG ALLEY , P. 0. BOX 672, GREENPORT, L. I. , NEW YORK - 11944 PERMIT REQUESTED TO: MAINTENANCE DREDGING OF EXISTING CHANNEL TO 4 FT. DEPTH (APPROXIMATELY 4,150± CU. YD )AT POINTS INDICATED AND DREDGING MARINA ENTRANCE SILTED IN FROM STORM AND HIGHWAY RUN- OFF., LOCATION OF PROPERTY FOR REQUESTED PERMIT: NARROW RIVER ROAD, ORIENT, NEW YORK. HAMLET: - ORIENT TAX MAP NO: 1000- 27-2-4 CREEK, BAY OR HARBOR FRONTING PROPERTY: HALLOCKS BAY SIZE OF PROPOSED WORK: SEE PLAN LENGTH: WIDTH: App. 0-ge 2. Y YDS.Y TO BE EXCAVATED: 4,150± YDS. TO BE FILLED: N/A MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: CRANE WITH CLAMSHELL BUCKET ON BARGE. WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: VARIOUS - SEE PLAN. DEPTH AT LOW TIDE: VARIES AVER. RISE IN TIDE: 2 FT. DISTANCE TO NEAREST CHANNEL: N/A DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: N/A R-40, R-80, AND R-200 AREA ZONING: RESIDENTIAL, LOW IS PROJECT FOR PRIVATE OR BUS. USE: BUSINESS DENSITY INTENDED USE OF PROPERTY: MARINA DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: FROM 1874 TO 1933 WAS AN AGRICULTURAL SHIPPING PORT ON ADJACENT PROPERTY FOR WHICH CHANNEL WAS CONSTRUCTED. .GARBAGE DUMP FROM APPROX. 1900 TO 1959. MARINA FROM 1959 TO PRESENT< HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: NO HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: NO DESCRIBE FULLY THE REHABILITATION OF PROPERTY: N/A DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY- OF PROPERTY SITE IF NECESSARY: SEE PLAN ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: NO WRITTEN S OF OWNER IF NOT THE SAME AS APPLICANT: COUNTY OF SUFFOLK ) STATE OF NEW YORK ) MERLON E. WIGGIN 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, AND THAT 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, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of AppliltOk SWORN TO BEFORE ME THIS DAY OF , 19 T Y PUBLIC JOAN A. JAB NOTARY PUBLIC, State of fW j�*. No. 4702900 Qualified in Suffolk'Cam . ''emission Expires March g% it9/ EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 J14.16-2 (2/87)-7c 617.21 i 'APt?endix A x r SEC n Y ,State Environmental:Gluality Review{ T. J FULL ENVIRONMENTAL ASSESSM ENT,FOR M L .1{^ xk 1r Ly1 Purpose: The full EAF is designedo°help applicants and agencies�'determine,,in an orderly manner whether a prole or action may be`significant. The question of whether an action'may be significant is,not always easy to1.answer:F�equen ly, there are aspects of a project ihavi re subjective orunmeasureable:•It"is:also understood that those wkio:determit• significance may have little or no•formal knowledge of.the environment or may be technically expert i' environr—t"' analysis. In addition,many who have'-knowledge particular area,maynot be aware.of the broader oricerns.affect�i the question of'significance. The full EAF is intended to-provide•a method.whereby,applicants and agencies can be assured that the determmatfo� j process has been orderly, comprehensive,in nature,.yet flexible to allow introdueaion of`information'to fit+a project or actio'r Full EAF Components: The full EAF is comprised'of'three'parts: Part 1: Provides objective data and information about.,a..given,.project and_its sfte..;.6y,.fdenhfy1ng,basic:prolec data, it assists a reviewer in the analysis that takes place in Parts.2.and 3. .. 1 Part 2:'Focu'ses on identifying the range of`possible'impactsihat"may'occur from a,�prolect'or action It`provfee guidance as to whether an impact is likely to be considered small.to moderate orwhether ft'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 t�f� impact is actually important. f , , DETERMINATION OF•SIGNIFICANCE—:T.ype 1 'and Unlisted Actionsb irk +i Identify the Portions of EAF completed for then project• Part 1 �h O Part'2 C]Part'3 P Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if a information; and considering both the magitude and importance of each impact, it reasonably d�termined b r lead agency that: I y e !] A jThe project will not.result,in.any large and•important imre, is on act(s) and,~ ;have a:significant impact on the environment, -therefore.a negative declaration will b�G which will not i7 i . i Prepared ;�if,: t] B Although the project could have a"significant effect=on.the environment, {{ effect for this Unlisted Action because the mitigatiommeasures desc there,will.not .e a.;ignifi.cant , required, f r� therefore a CONDITIONED ne ative,declaration.will be re ared { O C. The project may result,in one or more large and important impact t at.may have a si nt impact ,f� on'tlie environment, therefore a positive declaration will be prepared,f�f I;{ ' A Conditioned Negative Declaration is only valid for Unlisted Actions 198g ' ` . J' , L 25 , AW Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agent y Title of Responsible Officer {II { Signature of Responsible Officer in Lead Agency Signature of Prerparer(li different trom responsible'officer) "7�f'i•. Date d t 1.3 is7 ACCcAM(It ATION F2pM - � P�uani3�r_ F,42iy ,Pv.�oFP ea \C.AMHEL _ - el.-03MEAN SOW WATERz.o -•E -3M.M Piiy':[:9 PROPOSED -,_� 3—n H M CM.MNEL -, ,M.RK ERO .661 CROSSECTION 3.1 ` I -s -S= M.R.ER PROPOSED MARINA ENTRANCE . V� '•� =e NO SCALE 7 I ze 1.7 1 I / O 1 I/ j � 1 -.e Q J ' 2 r 3.3 1.7 l -8.Z ELEVATIONS ARE REFERENCED TO N.G.V. D. 1 6 ELEVATIONS OF MEAN HIGH WATER = 2.0 ± N" MEAN RANGE OF TIDE = 2.3' ± Z 4 -3.6 0 a 3E WETLANDS CATEGORIES I Interfidol Morsh HM H-gh Mnfsh (-r Solf Mendow 2 H kl PROPOSED CHANNEL \ MARKER !• -31 1.• RED OR iF GREEN BAND I 2.0 -3.3 14 I� MLW Y /BOTTOM -,• �'� -' 3.o 6' DIA BUTT DOWN DRIVEN MIN.8' ) •�°d '- IW,1 3/4 MIN DIA GAL.BOLT -49 0 "o ^1 I 6".6" CCA BLOCK 21 .e -- -- -5.1 -s.1 -a 3 zo -!.3 l9 !f -0.4 1.9 I �O LAND S� / !r �5 aZ.ME? 9L � I / I M -!! -..c O� �o SHEET 1 OF 2 _ { r I f - -54 49 49 49 t PECONI FORS L P.C. 20 I) \ '516) 765 - 5020 \+ =0. BOX 909 ' LINE �. !.IAIN ROAD u r9 — --- - S=UTHOLD 1 N.Y. 11971 MATcu I 1 g"g - 756 ... r p � � � 1 � �� � 4y ,m•a tu� ys, MAI All am Dredged Areas aw Wetlands Boundaries w - + t; Spoil Area Channel Markers _��•� 'IE 1,�~ yr` } /,�i lq• [� Y gal,rv'rir����w.f '1,v�ti .,i.', .r4 �. �� Y rar'+•r�t�'"�,��� �l�- wt• ���t` S`!r � �, .5`� ! y yl 1 Um 40, kilo i •�G 4'h. � . 1 •K ♦ l r fjy, .�, _wy- ill �}•i ,t f '�- f 1 ," i ry d. �y:)4, t. •4 {��~N- .�,���Jj� .^ t - ♦�w c '�.; 1 it ♦'`t .. � � � ,y ' y � r.:t.� Ye^-`'°7�sb ���Q„'S�� H.,,.ri=� A��+��7�s;"�k.J,'s•4'. PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 s January 23 , 1989 JAN 2 51.989 Southold Town Board of Trustees -' -`- �.------ Southold Town Hall Main Road t Southold , L . I . New York - 11971 Re : Narrow River Marina Orient , New York Maintenance Dredging . Gentlemen : Enclosed are aerial photographs and surveys of the existing channel from Orient Harbor ( Pete ' s Neck ) and into Narrow River Marina . As this is a very ecologically sensitive area , request a pre-application joint meeting with a representative of the New York State Department of Environmental Conservation and the Southold Town Trustees to discuss the application for maintenance dredging . If additional information is required prior to the meeting , please do not hesitate to get in touch . Sincerely , PECONIC ASSOCIATED , INC . Merlon E. Wiggin(/, h . D. , M. E. President Enclosures cc : Mr. Fred Dacimo MEW/iw New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794Aim (516) 751-7900 u T+' 5 MP Thomas C. Jorling Commissioner March 31 , 1989 Mr. Merlon E. Wiggins Peconic Associates P.O. Box 672 Bootleg Alley Greenport, NY 11944 Re: Application No. 10-89-0209 Narrow River Marina Dear Mr. Wiggins: This is to confirm an on-site, on-the-water meeting we have scheduled for Thursday, April 13, 1989, with a substitute date of Friday, April 28, 1989, in case of rain or strong winds on Thursday. It is expected that your client will supply the boat. This S4te '-nspection must be done at low-tide, therefore, we should be at the marina at 11 :00 a.m. on Thursday (or 10:00 a.m.. on the last Friday of April) to look at the various proposed dredging areas. The proposed spoil sites should also be identified. Thank you for your cooperation. Very truly yours, Robert N. Thurber Senior Environmental Analyst RNT:jf cc: F om A. Krupski Costopoulos G. Stadnik i file