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HomeMy WebLinkAboutSPITZENBURGER, HELMUTHENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 1971 TELEPHONE (516) 765-1892 May 7, 1986 Justice Raymond W. Edwards Southold Town Hall Main Road Southold, New York 11971 Re: Helmut Spitzenburger, Lawrence Tuthill & C. Terry Latham 560 Gull Pond Lane, Greenport, New York, Wetland Violation Dear Justice Edwards: Transmitted herewith for your information and review is testimony taken during the ?rustae meeting held on April 24, 1986 regarding the above captioned matter. If you have any concerns or questions, please contact this office at the telephone number above. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk HPS:ip Attachments (2) cc: Trustees file The following is testimony taken at the Trustee Meeting held on April 24, 1986 regarding the Wetland Violations issued to Helmut Spitzenberger, Lawrence Tuthill and C. Terry Latham on property located at 560 Gull Pond Lane, Greenport, New York 11944. Trustee Smith: Communication number one is regarding Mr. Hemlut Spitzenburger regarding property located at 560 Gull Pond Lane, Greenport. I believe this has to do with Mr. Larry Tuthill and Mr. C. Terry Latham on the same property and project. Don Dzenkowski is the Bay Constable who issued the violation, Don will you please fill us in on this matter? Don Dzenkowski: I received a report that operations were being conducted without a permit. After a subsequent inspection of the property there was a sunm%ons issued. Trustee Smith: Does Terry or Larry have anything they want to say~i Or Mr. Spitzenburger? Helmut Spitzenburger: My name is Helmut Spitzenburger. I live at 560 Gull Pond Lane, Greenport. I had received my permits from the D.E.C. and Army Corp of Engineers in 1981 and 1982. I have been working on that project on and off ever since. I was under the impression that I had all of the required permits. What other permits I required, I was not aware of. When Latham and Tuthill were working on the project, they asked me if I had all of the permits, I told them yes. I would like to say up front that the responsibility is mine because I am the one having the job done. Therefore, I am the one who needs to get the permits. Like I said, I passed on to them that I did have the permits and I was under the impression that I did. That's all I can say in the matter, I would like to continue and finish the project. Trustee Smith: Have you in put in an application for a permit? Helmut Spitzenburger: Subsequent tof~the summons? Trustee Smith: Yes. Helmut Spitzenburger: Yes. Trustee Smith: How does the Board feel on this matter? Trustee Bredemeyer: I feel we should make available a copy of the transcript of this.hearing to the court. Trustee Smith: Okay we will forward a copy of this transcript to the court, alleviating Mr. Tuthill and Mr. Latham of all responsibilities. We will continue to process your application for a permit. Helmut Spitzenburger: Are you telling me that I did need a permit? Trustee Smith: Yes. You do need a permit. Helmut Spitzenburger: In 19827 Page 2. - Hearing in the matter of Helmut Spitzenburger, Larry Tuthill and C. Terry Latham. Trustee Smith: Not in 1982. Helmut Spitzenburger: I had started the project. Trustee Smith: Was this a continuation of this project? Helmut Spitzenburger: You see, I was doing things as I had the finances. It was never completed. I wanted to complete the project before my D.E.C. permit ran out. I said let's finish this now. Trustee Smith: The only thing we can do now is to send a letter to the judge and explain what had happened.and our recommendation and let it go from there. I don't think that there will be a problem with you finishing the project once you get your Wetland Permit. A violation was put in by the Bay Constable.so you have to go through the process of getting a permit. Helmut Spitzenburger: I would like to finish this project. Trustee Smith: Your application has been submitted and is in the process of being reviewed. I don't think this was done intentionally. But, regardless a violation was issued. FIELD REPORT - POLICE DEPT,. TOWN OFSOUTHOLD, N.Y. Central Complaint No. f Hamlet of Occ. ~ I Sector Incident Or Crime Grid No, .... <;, ~..... ~_J_~ ~ ~__'r~o_~ j ~'~ Day of ~~te of 5~~f Occ. ~Date of Re~rt Name Complainant Vitaire ~ D.O.B. ~ ~M Address ~ Phone Place of Occurrence , -- TimeOut I T[meln { Founded ~ ~ Tour E3Cleared !~¥ A rest POTS 2 -- Continuation Report Attached? ~ Yes Reporting Of:[icer ~Shietd No. Form POTS 1 Supervisor November 21, 1986 TO Bay Constable FROM: Trustee Office RE: Helmut Spitzenberger Permit No. 307 Please issue a violation to Mr. Spitzenberger, of the attached Wetlands Permit. The trustees have noted during their regular monthly inspections that the construction is not in compliance with what the permit was issued for. CC: Bldg. Dep't. - Possible Bldg. Dep't. Violation Z .B.A. C. Hamilton - D.E.C. ~' TOWN OF $OUTHOLD BOARD OF: SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No......307............... has been granted by the Town Trustees according to information furnished in Application No .... .3..7..9. ........... filed by Applicant ...B..e..Z..m..u.?....S..p.j.t.~.e.~.e.~.e.~.. ........................................ on ..~.c.~...3. .............. 19..8..6. ..... A map of the proposed work will be kept on file in the Trustee Office under the application number given. To construct a bulkhead 143' long and 38' x 16' Permit granted to do the following work ................................................................................................. patio and to fill with 70 cu. yds. of fill to be dredged from creek. Location of property on which work to be done .... .5..6..0....C..u..];..1...~9.~.d...~.~.~.e..'...?..e..e..~.~..°..~..t. .................. . ..... Creek, Bay or Harbor fronting property ...... {.o.{.d..h..a..~....C.?.~.a..Z. ................................................................. Size of work: Length ........ ?;..4..3.:....a.~.d. .... .3...8.:...~.a..t.?. ............................................................................... Width ............ .Z..6. ~... ~ .a..t. ~ .o. ............................................................................................... Height Above High Water ...... .3.~....o.y..e..~.....~...~. .............. ~ .............................................. :... Depth Below Low Water 2' + _~ards to be Excavated ...............7..0...9.?.:..~..d.s..: .................................................................. Yards to be Filled .................. .7..0...9..u.'...Y..d..s..: .................................................................. clam shell bucket Manner in which material is to be removed or deposited ......................................................................... Intended use of property ........~.e..s.~..d..e..~.?..~..~..1. ........................................................................................... Conditions if any ~'S.~.bj~.e.'c.?..~?.~.~.'a.~.~..e..¥~.s'u.fZ.e.~.~'~.t~.h.~e'~.b.~.a.~.: ................................. : .................. Expiration Date ~'3~'u~'~''e~2..6':~.~.~9~.8~7.~'~'¥.°~.k.~.a~s.~'~p..t.~.q~°..~''~.§n~×~2~&~ ............................ Number of Inspections Required ..2.f?.f~u..s~.t..e..e..s....a.~.?...t..°~..b...e~..~'°..t~.~5?~d...u.~°~..'c~.~n..~.~...~.~. .... ~ork. Inspection Fees ................ .................................................................................................. Liability Policies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- ' under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume a~l responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter uoon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation ........... C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. · Io Otherwise adversely affect the health, safety and general welfare of the peoPle of the town. Board of $outhold Town Trustees ' .... .... ..... ........... :... HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBE^UD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197t July 3, 1986 Mr. Helmut Spitzenberger P. O. Box 416 East Marion, New York 11939 Dear Mr. Spitzenburger: The Following action was taken by the Board of Trustees at their regular meeting held on June 26, 1986. Moved by Trustee Bredemeyer seconded by Trustee Krupski WHEREAS, J. H. Geideman on behalf of Helmut Spitzenberger applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold application dated August 24, 1986 , 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 June 26, 1986 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 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 J. H. Geideman on behalf of Helmut Spitzenberger BE AND HEREBY ARE GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD, NEW YORK TO construct a bulkhead 143 lin. ft. long and a 38' x 16' patio behind same and to place 70 cu. yds. of fill behind same. Property is located on Gull Pond Lane, East Marion. This permit will expire on June 26, 1987 if work has not commenced by said date. There are two inspections required. The Trustees are to be notified upon the completion of the work. A $5.00 Wetland Inspection fee is now due and payable. Upon remittance your permit will be forwarded by mail. Approval is granted subject to a new survey of the bulkhead, to be submitted to this office. HPS:ip cc: Bldg. Deot. Very truly yours,/ ~ Henry P. S{nith,President ~ Board of Town Trsustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER B2 OF THE CODES OF THE TOWN OF SOUTHOLD. APPLICATION NO. DATE OF APPLICATION AGENT ~- ezde,~,~ ....... ~ .... PHONE NO _ _s_ a, _~_.~_~ __~:~_~k_' __~~__~._ LOCATION OF PROPERTY FOR WHICH PERMIT WANTED ...... ._ ........ HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION SIZE OF PROPOSED WORK WIDTH HEIGHT ABOVE HIGH WATER DEPTH BELOW LOW WATER YARDS TO BE FILLED '~'J6w~ WIDTH OF CANAL, CR~ffK OR BAY FRONTING PROPERTY DEPTH AT LOW. TIDE AVERAGE RISE IN TIDE ~ ,2Zi DISTANCE TO THE NEAREST CHANNEL DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA IS THIS FOR PRIVATE OR BUSINESS USE? FT. AREA ZON I NG ...... ~____~___ MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED INTENDED USE OF PROPERTY. / ~, ~ r, ,, DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE./ AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCy WR! TTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE sAME AS THE APPL I CANT . ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? [~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSSSS ENT Project lnformsllon (To be completed by Applicant or Project sponsor) FORM 6. Precise location {road intersections, prommedandmarks' etc. or proVUe map) 7. Amount ol; land affected: Initially ~, acres Ultimately 8. Will proposeo action comply with existing zoning or other existing land use restrictions? .~ Yes [] No If No. describe briefly 9. What is present land use in vicinity of prolect? ~ Residential [] Industrial [] Commercial Describe: [] Agriculture [] Parkland/open space [] Other 11. Does any aspect of the action have a currently valid permit or approval? [] Yes [] No If yes, list agency name and permit/approval type 10. Does action involve a permit/approval, or funding, now or ultimately, from any other §ovemmental agency (Federal, state or local)? ~Yes [~] No If yes, list a,ency(s) and permit/aPprovals i2.~L~. ~_~,' ~. ~ ~..~. 12. As result of proposed action will existing permit/approval require modification? [] Yes '~No Applicant]sponsor Signature: name: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.127 If yes, coordinate the review process and use the FULL/LONG FORM EAF. [] Yes [] No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.7~ If No, a negative declaration may be superceded by another involved action. [] Yes i'-~ No Could action result in ANY ad,~erse effects on. to. or arising from the following: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quahty or quantity, noise ievels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems~ Explain briefly: C2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain brief C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of [and or other natural resources.~ Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by' the proposed action? Explain briefly. C6, Secondary, cumulative, or other effects not identified in C1-C67 Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly, PART iii Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); Ib) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show 'that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FOR~4 EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Preparer's $~;~nature. T~tle Agency Preparer's Name Date COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. /j/ ~'~IGN~TURE OF APPLICANT SWORN TO BEFORE ME THIS DAY oF EXAM I NED NOTARY PU~L I C u UNDAJ. C0OPL~ NOTARY PUBLIC, State of New Y~? No. 4822563, Suffeik Cour, ty~ 7erin Expires March 30, 1 APPROVED ~'WETLAND$" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS, IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 '/ VICINITY ©