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Home My WebLink AboutTR-289 James F. King, President Bob Ghosio, Jr., Vice~President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20,2012 Ms. Jane Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: SUSAN FARRELL & EDWARD D. FUSCO 1750 9TM ST., GREENPORT SCTM#49-I-22 Dear Ms. Costello: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., June 20, 2012: WHEREAS, SUSAN FARRELL & EDWARD D. FUSCO applied to the Southold Town Trustees for a Transfer of Wetland Permit #289 from Diana Tendler to Susan Farrell & Edward D. Fusco, as issued on April 24, 1986, and an Amendment to Wetland Permit #289 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 4, 2012, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the Local Waterfront Revitalization Program policy standards, specifically with Policies 5 - Protect and Improve Water Quality in the Town of Southold, and Policy 6 - Protect and restore the quality and function of the Town of Southold ecosystem, and, WHEREAS, the Board of Trustees has furthered Policies 5 and 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirement: the installation of a 10' wide non-turf buffer along the landward side of the bulkhead, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, 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 for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, BE IT FURTHER, RESOLVED, that the Southold Town Board of Trustees APPROVES the Transfer of Wetland Permit #289 from Diana Tendler to Susan Farrell and Edward D. Fusco, as issued on April 24, 1986, and, BE IT FURTHER, RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #289 to include the as-built +/-50 sf. kayak shed along the landward side of the bulkhead; remove two (2) fallen trees and backfill uprooted area against landward side of bulkhead with clean sand +/-1 cf; remove +/~ four (4) hollowed out trees; and remove brush, poison ivy and dead branches along east side of property, with the Condition of a 10' wide non-turf buffer along the landward side of the bulkhead, and as depicted on the site plan prepared by Costello Marine Contracting Corp. dated June 29, 2012 and project plan dated May 2, 2012, stamped approved on July 3, 2012. This is not a determination from any other agency. Fees: None Sincerely, , Jame~ Preside~ Board of Trustees JFK:lms Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 13, 2012 the following recommendation was made: Moved by Peter Young, seconded by Doug Hardy, it was RESOLVED to SUPPORT the application of SUSAN FARRELL & EDWARD D. FUSCO to Amend Wetland Permit #289 to include the as-built +/- 50 sf. kayak shed along landward side of bulkhead; remove two (2) fallen trees and backfill uprooted area against landward side of bulkhead with clean sand +/- 1 cf.; remove +/- four (4) hollowed out trees; and remove brush, poison ivy and dead branches along east side of property. Located: 1750 9th St., Greenport. SCTM#49-1-22 Inspected by: Peter Young The CAC Supports the application with the Condition of a 10' non-turf buffer. Vote of Council: Ayes: All Motion Carried James F King, President Bob Ghosio, Jr, Vice-President Dave Bergen John Bredemeyer Michael J. lh)mino PO. Box 1179 Southold, NY 11971 Telephone(631 765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: SUSAN FARRELL & EDWARD D. FUSCO request a Transfer of Wetland Permit #289 from Diana Tendler to Susan Farrell & Edward d. Fusco, as issued on April 24, 1986, and to Amend Wetland Permit #289 to include the as-built +/- 50 sr. kayak shed along landward side of bulkhead; remove two (2) fallen trees and backfill uprooted area against landward side of bulkhead with clean sand +/- 1 cf.; remove +/- four {4) hollowed out trees; and remove brush, poison ivy and dead branches along east side of property. Located: 1750 9th St., Greenport. S6TM#49-1-22 T~/~Sa of area to be impacted: Itwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland P~f Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion ~Amendment __Administrative__Emergency __Pre-Submission Violation Info needed: Modifications: Conditions: P_re/~ent Were: ~'~J. Kin~p-_ "~. Ghosio <-,,/ J. Bredemeyer ' Michael Domino __ D. Bergen, D. Dzenkowski Form filled out~in the field by. Mailed/Faxed to: Date: other Pg.1 #1 Mulberry Tree & # 2 Locust Tree in center island of driveway Exisfin.q Trees (4.21.12) Fusco Residence 1750 Ninth Street, Greenport, NY Pg. 2 # 3 Locust Tree, # 4 Birch Tree & # 5 Locust Tree (dead) in Southeast Lawn # 6 Pine (dead) in southeast buffer not shown Existing Trees (4.2~.~2) Fusco Residence 1750 Ninth Street, Greenporf, NY Pg. 3 #7 Locust Tree & #8 Locust Tree {damage in Fall 2011 Hurricane) in Southwest Lawn Existin_q Trees (4.21.12) Fusco Residence 1750 Ninth Street, Greenporf, NY TOWN OFSOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit NO..,.2,.8..9. ............ has been granted by the Town Trustees according to information furnished in Application No.....?..4..5. ......... filed by Applicant _..?..[..a.~_~.e.,n,.d..1..e..c. .............. ........................................ on .....J..a.~:....2.2. ............ 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 in [ace 102 l~.n ft of P~rm, t 9ranted to do the following work ................................. .E .............................. : ........ .l~.V.t~l~.~.~.~ ..... ................................................. .t ............ ~....~ ................ Ct~k, Bay or Ha~or fronting proper~ .....~S~..~,~ff~ ........................................................................ Wid~ ............................................................................................................................ HeiSt Above High Wa~r 5 Cond t ohs if any ....... ~ .............................. R ................................................... ~2~.~.g.~..~.~.~.~ ....... Expiration Date ..... ~g~..~x..[~..~..~Rgk..~a..ua~..c~.~..~a a~ . .................... Insp~tion Fe~ ....... ~..~ ~..R~....aq~...~ LL~ ................................................................. ~ .......... liability Policies in the Am~nt of ......... ~EEE22~2~2T.2T.T.T.~T. T2.T.T22.~T.T22 ....................................... The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of iniuries 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 clain~ arising from operations under this permit and any and all acts or omissions of applicant, his agent end employee~ The applicant and the owner and occupants of the premises upon which the operations authorized by thk$ permit are beimJ conducted, do, by the acceptance of this permit, give consent to the Town, and its o[fice, s a,~d employees to enter upon 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 marina organisms, aquatic wild[|fe and vege- tation or the natural habitat thereof. Eo 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. I. Otherwise adversoly ~fect the health, safety and general welfare of the people of the town, Board of Southold Town Trustees HENRY P. SMITH, President JOHN M. HREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKL JR, ELLEN M, LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OOTHOLD Town Hall, 530q5 Mai. Road P.O. Box 728 Southold. New York 11971 April 25, 1986 TELEPHONE (516} 765-1892 Mr. John H. Geideman P. O. Box 416 East Marion, New York 11939 Dear Mr. Geideman: The following action was taken by the Board of Trustees at their regular meeting held on April 24, 1986 regarding the wetland application no. 345 on behalf of Diana Tendler. Moved by Trustee Goubeaud seconded by Trustee Krupski WHEREAS, John H. Geideman on behalf of Diana Tendler applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 22, 1986, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and reco~m~endations and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 24, 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 testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; 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 John H. Geideman on b~half of Diana Tendler be and herob¥ is qranted Permission to rmmnve the existin~ bulkhead and replace in kind in place a 102 lin. ~t. bulkhead on property lq~ated on the North side of PiPes Cove at the foot of Ninth Street, Greenport, w~th the provision that no fill is Placed behi~ the bulkh~.~.~ .stated by th~ aqent. This permit is ~ranted under the provisions of the Wetland Ordinance of th~ Town of Southold. Th~s permit will ~xDire on .Apr~ 24, 1987 if work ha~ not cnmmenced by same. There are two inspections required and the Trustees are to be notified upon GomDletion of th~ work. -2- There is a $5.00 Wetland Inspection fee which is due and payable, upon remittance, your permit will be forwarded by mail. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfif ferl/~n~ Clerk to Board HPS:ip CC: Southold Town Building Dept. Mr. Charles Hamilton, DEC, Stony Brook Commissioner Henry G. Williams, DEC, Albany N.Y.S. Dept. of State Town Trustees File ~ONSULT TOUR LAWYER lilrORE SIGNING THIS INSTRUMENT -- Trill INSTRUMENT SHOULD SS USED iY ~AV(YERi ONLY. THIS INDENTURE made the 14thda. of March, 2012 BETWEEN DAVID~,WENSTRUP & KELL~ WENSTRUP 1058 Cove Road Mamaroneck, New York 10543 391 Seventh Street Brooklyn, New York 11215 puny of lhe second part WITNESSETH; that Ihe party of the first pan, in consideration of Ion dollars and other valuable consideration paid by the Party of the second part, does hereby grant and release unto the party of thc second part, the heirs or successors and assigns of the party of thc second pan forever, ALL that certain plot, piece or parcel of land, with Iht buildings and improvements thereon'erected, situate, lying and b~ing in Iht (See Schedule Annexed) ¥OOETHER wilh all right, title and interest, if any, of the parly of the first part, n a.nd to any streets and roads abutting the ab0vc-described premises to the center nos thereof; TOOETHER With the appurtenances and all [he estale and rights of the party of the firsl part in and lo s,;id premises; TO HAVE AND TO HOLD the premises herein grunted unlo Iht party of the second part. the heirs or successors and assigns of the party of the second part forever. ANDIhe pun oflhe firsl purl covenanlsthalthc parly of thc first part has not done orsuffered anything whereby the said premises have been encumbered in any way whalever, except us aforesaid. AND the purly of the firsl pan, in compliance with ,Section 13 of the Lien Law, covenunls that thc party of iht firsl purl will receive the Consideralion for this conveyance'and will hold (he riehl lo receive such considcr- al]u~l a:., u (ru~l lund ~o he applied fir~l for the purpose of paying ihe COSl of thc improvement and will apply Ihe ~il~e firsl h) the paymeni of the c()~[ of {he Jlnprovcmen[ before u~ing any part of the total of the ~ame For Theword p ty shall be conslrued as if ii read -purties- whenever the sense of lhis indenture ~o requires, wriHen, bore ~Er~NSTh~ .... ~ By: ~AVID WENSTRUP, AGENT Attorney-in-Fact Title Number STS22195 Schedule A Description Page DISTRICT 1000 SECTION 049.00 BLOCK 01.00 LOT 022.000 ON THE TAX MAP OF SUFFOLK COUNTY ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected situate, lying and being near Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the ordinary high water mark of Pipe Cove, South 86 degrees 31 minutes East, 39.14 feet and then South 67 degrees 18 minutes 40 seconds East, 112.86 feet along the said high water mark from the southwesterly corner of land of Nelson, from said point of beginning running along sid land of the parties of the first part, the following three (3) coursers and distances; 1) North 9 degrees 45 minutes 20 seconds East, 425.00 feet; 2) South 67 degrees 18 minutes 40 seconds East, 102.60 feet; 3) South 9 degrees 45 minutes 20 seconds West, 425.00 feet to said high water mark of Pipes Cove; RUNNING THENCE along said high water mark, North 67 degrees 18 minutes 40 seconds West, 102.60 feet to the point or place of BEGINNING. TOGETHER with a right of way described as follows: BEGINNING at a monument at the southerly terminus of the easterly lines of Ninth Street, from said point of beginning running along said easterly line of Ninth Street, North 12 degrees 12 minutes 10 seconds East, 86.00 feet; RUNNING THENCE the following six (6) courses and distances; 1) South 82 degrees 44 minutes 30 seconds East, 22.40 feet; 2) South 7 degrees 00 minutes East, 115.52 feet; 3) South 67 degrees 18 minutes 40 seconds East, 390.40 feet; 4) South 9 degrees 45 minutes 20 seconds West, 51.30 feet; 5) North 67 degrees 18 minutes 40 seconds West, 430.82 feet; 6) North 7 degrees 00 minutes West, 68.87 feet to the point or place of BEGINNING. ~cknowledgement taken In New York State tat~ o~ New York. County of NASSAU , ss: F: --:: --2'.-317-_-F .n the 14t:hday of Hatch , tn the year 2012, before me ~e undersigned, per~nally appeared DAVID' WENST~UP 9rsonally known to me or proved fo me on the basis of )tisfactory evidence to be Ihe individual(s} whose name(s} is ,re) subscribed to the within instrument and acknowledged to e that he/she/they executed the same in his/her/their ~pacity(ies), and that by his/her/their signature(.s) on 'the strumenL the Individual(s) or the person upon behalf ol which e individual(s) acted, executed the inslrument. JO~[?!-{ R DADDONA No!ary I:'nhii~, ': ~: o~ N w York :knowledgement by Subscribing Witness taken In New rk State ~te of New York~ County of , se: Ihe day ol , in the year undersigned, personally appeared , before me, subscribing witness to the fore'going Instrument, with whom m personally acqdaJnted, who being by me duly sworn, did ~ose and say, that he/she/they reside(s) in he/she/they know(s} 3e the individual described in and who executed the ~going instrument; that said subscribing witness was ~sent and saw said 9cute the same; and that said witness a't the same time )scribed his/her/their name(s) as a witness thereto. DAVID WENSTRUP & KELLY WENSTRUP -T0- EDWARD D. FUSC0 & SUSAN FARRELL ID e Judicial:.Tltl~ .instanCe ~ency LLC Mamaroneck Ave. 888 Seventh Ave., au!ce ce 2~ New York, NY 'ri$on, NY 10528 8OO-2Sl.TITLE (a485) (914) 981,6700 (212) 432-3272 (91a) 3[SlG151 Fax: 800-FAX-9396 Acknowledgement taken in State State of New York, County of , ss: On the day of , in the year the undersigned, personalty appeared before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s} whose name(s} }s (are) subscribed to the within instrument ~nd acknowledged to me that he/she/they executed the same In his/her/their capacity(/es), and that by his/her/their signature(s) on the Instrument, the individual(s) or the person upon behalf of whi~:h the individual(s) acted, executed the instrument. Acknowledgement taken outaide New York State State of , County of (or insert District of Columbia, Territory, Possession or Foreign Country) , sS: On the day of , in the year , before me, the undersigned, pereona, lly appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the Individual(s) or ~he person upon behalf of which the individual(s) aoted, executed the instrument, and that such individual made such appearance before the undersigned in the (add the c/fy'or political subdivision and the state or countr7 or other place the acknowledgement was taken). SECTION 49 BLOCK 1 LOT 22 COUNTY OR TOWN Greenport RETURN BY MAILTO: EDWARD D. FUSCO, ESQ. 391 Seventh St. Brooklyn, N.Y. Zip No. 11215 N COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JE'I-I'IES · BULKHEADING ° STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393 / 477-0682 · FAX (631) 477-0005 June 29, 2012 Southold Town Trustees PO Box 1179 Southold, NY 11971 Attn: Lauren/Elizabeth RE: Fusco Property - 1750 9th Street, Greenport SCTM# 1000-49-1-22 ~ ~_ L 20]2 Dear Lauren/Elizabeth: Enclosed you will find a site plan showing the required 10' non-turf buffer at the above referenced location. Also enclosed is check #9145 in the amount of $50.00 representing the final inspection fee. If any additional information is needed, please do not hesitate to contact me. ~J'ane P. Costello Permit Manager enclosures OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 $outhold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: MEMORANDUM Jim King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator JUN 1 8 2012 Southhold Town (~0ard of Trustees Date: June 18, 2012 Re: Proposed Wetland Permit for SUSAN FARRELL & EDWARD D. FUSCO SCTM#1000-49-1-22 Costello Marine Contracting Corp. on behalf of SUSAN FARRELL & EDWARD D. FUSCO requests a Transfer of Wetland Permit #289 from Diana Tendler to Susan Farrell & Edward d. Fusco, as issued on April 24, 1986, and to Amend Wetland Permit #289 to include the as-built +/- 50 sr. kayak shed along landward side of bulkhead; remove two (2) fallen trees and backfill uprooted area against landward side of bulkhead with clean sand +/- 1 cf.; remove +/- four (4) hollowed out trees; and remove brush, poison ivy and dead branches along east side of property. Located: 1750 9th St., Greenport. SCTMf149-1-22 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP The dimensions of the kayak shed are unclear. A setback has not been identified. The plan lacks a vegetative buffer. If the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a landscaped buffer (15') is required landward from the bulkhead. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to remowng vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only . 'oastal Erosion Permit Application - ~tlaad~c~ation Administrative Permit ~ Amenclmenf~Transt~Extension ~_Received Fee:$~_ /Completed Application .~ Incomplete SEQRA Classification: Type I Type Il Unlisted Coordination:(date ,,~EWRP Consistency Assessment Form ..~C Referral Sent! ~f] .~Datc of Inspection: '~ Receipt of CAC Report: ___~ad Agency Determination: Technical Review: - lic eadng Meld: / Resolution: Name of Applicant Susan Farrell and Edward D. Fusco Address 391 7th Street, Brooklyn, NY 11215 Phone Number (business) 718-788-3333 PhoneNumber:(c ) 917-750-5329 Suffolk CountyTaxMapNumber: 1000-Sec. 049.00, Block 01.00, Lot 022.000 PropertyLocation: 1750 9th Street, Greenport, NY 11944 Greenport Power - Pole If unknown (provide LILCO P01e #, distance to cross streets, and location) AGENT: Comto]ln M=_rine contractln9 C~rp (If applicable) Address: PO BOX 2124, Greenport, NY 11944 Phone: 477 1199 Board oE T~ustee~ Land Area (in square feet): Area Zolling: R-40 Previous use of property: Residential Intended use ofprope~y: Residential Covenants and Restrictions:. Yes x No If "Yes", please provide copy. GENERAL DATA 42,499 = .97 acre Does this project require a variance from the Zoning Board of Appeals Yes x No If "Yes", Please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes x No Does the structure (s) on property have a valid Certificate of Occupancy- X Yes__No Prior p~mfits/approvals for site improvements: Agency Date Trustee Permit No. 289 6/16/1986 Others - Unknown NO prior p~mfits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency?. X No Yes If yes, provide explanation: Project Description (use attachlnen~ if ~ece~sary) [ and remove 2 fallen trees currently uproo~ea k±eanlng on an p- rooting adjacent tree). Backfill uprooted area (by wheelbarrow and shovel) against landward side of bulkhead with clean sand +/' 1 cubic foot. See plan and photos attached. (2) Approve existing kayak shed on NW corner of property (temporary structure) +/- 50 sq. ft. on landward side of bulkhead. (3) Appr°ve removal of +/- 4 trees which a~borist indicates are hollowed out and may fall onto house. See plan and photos attached. (4) Approve ~emoval of brush, voison ivy and dead branches along east side of property on landward side of property line. Trustees Appllcation WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations:_ _..,,- - .-.- , - - Area of wetlands on lot: -0- .square feet ? Percent coverage of lot:. .00 % ? Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? -0- cubic yards How much material will be filled? +/- 1 cubic yards Depth of which material will be removed or deposited: 1-1/2 feet Proposed slope throughout the area of operations: Negligible (+/- 3 inches) Manner in which material will be removed or deposited: Deposited only by hand (sand shoveled into former tree root areal aRainst bulkhead Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): None James F King, President Bob Ghosio, Jr , Vice-President Dave BcFgcn John Bredemeyer Michael J. Domino fown Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Tc[cphon¢ (631) 765-1892 Fax (631 ) 76%6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of SUSAN FARRELL & EDWARD D. FUSCO COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1,, ~ ~Or'~[lO , residing at/elba (7" ( , being duly sworn, depose and say: That on the day of ,201 , 1 personally posted the property known as I-7~D q"~' ~'r~t. ~r~,~,4o,.~t-,. IVYIil~-I by placing the Board of T~ustees 6{¥icial poster v~b~re it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, June 20~ 2012. Dated: Sworn to before me this } ~"~day o f~ nx.,20 h,x, g'~re) ublic LAUREN M. STANDISH Notary Public, State of New York No, 01ST6~64008 Qualified in Suffolk Commission Expires April ,q~ ~0 Edward Fusco & Susan Farrell 6/13/12 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Arthur & Marcia Km~nen Josephine A. Kirsch Ginger & Wayne Rogers Christina M. & Paul Dinizio Address: 110 Colony Parkway, Manhasset, NY 11030 ZOO E. 89th Street, Z?D, New York, NY 10128 P.O. Box 476, Greenport, NY 11944 P.O. Box 591, Greenport, NY 11944 STATE OF NEW YORK COUNTY OF SUFFOLK PO Box 2124, Greenport, NY 11944 11 day of June , residing at Costello Marine Contracting Corp. , being duly sworn, deposes and says that on the ,20 l~Z, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this ! ~ g'' Day of,_~, ,v,-._ ,20 ] ~-/I lqotary Public' LAUREN M. STANDISH Notary Public, State of New York No. 01ST6164008 Qualifiad in Suffolk County Commission Expires April 9.20/\.. i-1 Ginger & Wayne Rogers P.O. Box 476 Greenport, NY 11944 .... ~c~ ..... ~0.65 ~2.95 ~2.35 ~, $5.95 Arthur & Marcia Karmen 110 Colony Parkway Manhasset, NY 11030 06/11/2012 Cec~,fied Fee ~ ~gfr'~UA~'t;~co.; .......... ~ ............................... ,,_ [o,~x~. ¢ o ~o,,, ~.~j. .................................. l ~;~i~;Yl~:~- .................... k. ...... =l~'~~{AL USE c...~, ~ee ~.~S/ Relum Receipt Fee ~,, ~ (Endorsement Required) Josephine A. ~mch 200 E. 89~ S~ 27D New York, NY 10128 NOTICETOADJACENTPROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Susan Farrell and Edward Fusco YOU ARE HEREBY GlVEN NOTICE: SCTM# 1000-49-1-22 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Modify previous issued permit #289 to Wansfer to current property owners; Allow the removal of eight trees and brush located behind the existing bulkhead then backfill the area; Permit the existing kayak shed. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1750 9th Street, Greenport, NY 11944 That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: June Z0, Z019t at 6pm . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Susan Farrell and Edward Fusco MAILING ADDRESS: 391 7th Street Brooklyn, NY 12~15 PHONE#: Enc: Copy of sketch or plan showing proposal for your convenience. #7 Locust Tree & #8 Locust Tree (damage in Fall 2011 Hurricane) in Southwest Lawn E~g Trees (4.21.12) Fusco Residence 1750 Ninfh Sfreef, Greenporf, NY Boa~Of Trustees Application County ofmxtflblk Kings State of New York Susan Farrell and Edward D. Fusco BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PRO?ERTY TO INS?ECT THE PREMISES IN CONJUNCTION WITH VIEW, OF~THIS~A~PLICATION. Edward D. Fusco Sign%t~t~ SWORN TO BEFORE ME THIS ~(b~'' DAYOF /~L~9c, ] ,20 }~' Notary Public ELLEN A. WEST Nobel/Public, State of Ne~YOl~ No. 01WE6214149 Qualified in Kings County Commission Explre~ November 30, 20 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, Susan Farrell/Edward D. Fusco residingat 391 7th Street (print owner of property) (maiting address) Brooklyn, NY 11215 do hereby authorize (Agent) Costello Marine Contracting to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) Susan Farrell (Owner's signa~ur~e~Edward D. Fusco ELLEN A. WEST Not.~ Public, State of New YoH; No. 01WE6214149 Qualified in Kings County ) 3 CommllMon Expim~ November 30, 20 PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 6t7.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME Farrell/Fusco Residence Coun~ Suffolk SEQR 1.APPLiCANTISPONSOR Susan Farrell and Edward D. Fusco 3,PROJECT LOCATION: Municyality Greenport 4. PRECISE LOCATION: Street Addess and Road Interseclions, Prominent landmarks etc -or provide mae 1750 9th Street, Greenport, NY 5.1S PROPOSED ACTION: [] New r~Expansio~3 r-'lModification/alteration 6. DESCRIBE PROJECT BRIEFLY: Remove 2 fallen trees. Remove dead trees and hollowed tTunk trees (4 trees). Approve kayak shed open/roofed(+/- 50 sq. feet) on landward side of bulkhead. AMOUNT OF LAND AFFECTED: Initially l0 sq. fi.acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH E~ISTING ZONING OR OTHER RESTRICTIONS? ~] Yes [] NO If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r~Residential ~]lndustdal [~]Commercial [~Agdculture [~Park/Fo~est/OpenSpace r--]Other (descdbe) 10.'DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State or Local) ~Yes ~ No If yes, Iisi agency name and permit I approval: Southold Board of Trustees 11. UUE~ ANY A~P'EL;I OF [HE ACIION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes r'~No If yes. list agency name and permit I approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ~Yes [~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE/' Applicant/SponSOrsignature ~Na'me Susan~~Far.~re 11/E(~war d ~"<~~2.)D' Fusco C'~ ~ Date: If the action is a Costal Ama, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT {To be completed by Lead Agency) k DOES ACTION EX~ct=b ANy TYPE I THRESHOLD IN 6 NYCRR, PART 6t?,47 If yes. co~dinate the renew process ami use ~he FULL FAF. I-'lYes [ZlNo B. WILL ACTION REC~E COORD{NATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No. a nega~ve ~dq~ela~ofl maybe s~ by aua{hor Invdived agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH ~ FOLLOWING: (Aaswem may be hano'wfiffea, if CI. Exlstiog air quality, sudace or groundwater quality or quan~y, rmise levdis, exl~ing Imffic pat~m, sofid waste pmductiua or disposal, potential for erosion, drainage or flooding prob~:ras? Explain briefly: I C2. ~;Jt,, a~ulturai, areha6,~k,~, I~stodc, o~ olher natural or culturst resources; o~ community or nelghborho~[ charaster? FJq~ C5. Growth, subsequen( developmenf, or rela(ed activities likely to be induced by Ihe proposed action? Exp{ain'~iefl y: C6. Long term, short ten-a, cumulaUve, or o[her elfec~s ~'ot identified in C1-C57 Explain briefly: ENVIRONMENTAL AREA (CEA)? (If }~es explain briefly PART Iff. Dt: ~ ~.~c;~ ;;.r%TION OF 81GNIRCANCE (To be completed by Agency) . J: INSTRUCTIONS: For each adverse effac~ Id~ above, de{ermine whethe~it Is ~ubs~antla{, large, Impedant or other, vise slg~flcanL Fa= e~ sl~o~..~uld..~ _.. _~ ,~ I_n.?~fl_.. ~..with Its (a) seffing (i.e. urban or mraO; (b) p~ of o~ fed dura~',3,: I'dt ~,~,,- ,,,~ dmle~ts ......... ~,l.'vv, m~ .mTmlatS. ,=flsul'e mot explanalkms (:xmtahl sulTedent detail to r, hc~w thai all relevant adverse Impacts have been Identified and adequately addressed. If question d of part Il was chedcx~ Chedc rids box ffyo~ have defem~ based on the i~tioo aod mtalys~ abeve ancf ~y ~ ~ ~t ~ ~ a~ WILL NOT resuff I~ any r,~aficant adverse environmental Impacts ANt) pro~e, on a~chmefds as necessar/, the reasons Supporting thL< Board of Trustees ~J V/J ~ / ~-- Name of Lead Agency Date Pd~ or T~ Name of Re~nsib~ Offi~r ~ Le~d Age~y T~ of Res~ns~ Offi~ ~atu¢e of Res~n~ble offi~r ~ Luad~ S~na~e of Pmpa~ (If d~mn~ ~om ms~n~b~ offi~rJ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE. FORM The Town of Soothold's Code of Ethic~ orohibits conflicts of int~ on the oar of town bffieers and cmolovees~ The ma'oos~ of thi.~ form is to orovide information which can alert the town of~msibl8 conflicts of intore~ and allow it to ta~e whatowr action is nec~sse~v to avoid same. : YOUR NAME: . ~. (Last name, fu~t nen~,.gfliddin initial, unless you are applying in the name of soracone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply,) Tax grievance Building Variance Truate~ Change of Zoee Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other, name the activity.) Do you personally (or through your company' spouse, sibling, parent, or child) have a relationship :with any officer or employee of the Town of Southold? "Relationship" includes by blood, man'iag¢, or business interest "Business interest' means a business, including a partnership, in which the town officer or employee h~ even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of thls form and date and sign where indicated. Name of person employed by the Town of Southold Title br position of that person Describe the relationship between yourself(the applicant/agenffreprescot ativ e) and the town officer or employee. Either check the apprepr ato ne A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, 6r ~hild is (cheek all that apply): __.A) tho oymer of greater than 5% of the shares of the coq~orate stock of the applic0m (when the applicant is a coqx)rafion); : __.B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partoei', od employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Subm~ed'this ~day of j, April Print Name Susan F~rrel~ ~ 2~12~ Edvard U. ~ T°wn 6f Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Wafarfront Consistency Review Law. This assessment is intended to supplement other infommtion used by a Town of Southold agency in making a detenninafiun of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard ~lrea. Before answering the questions in Section C, the preparer of this form. should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si~ificant · beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, caeh answer must be explained in detail, listing both supporting and non- suooortin~ fae~. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Depa~hxxent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#. 049 - 01.00 022.000 PROJECT NAME Farrell/Fusco Residence The Application has been submitted to (check appropriate response): TownBoard F~ Planning Board O Building Dept. I I ~o~ofX~st~ [] Category of Town of S0uthold agency action (check appropriate'response)! (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature andextentofaetion: Remove fallen tree~ and Backfill rmot nph~mvnl hy hnn~ wtrh +/- 1 o,,h4o Remove 4 dead/hollowed trees. feet of sand. / Approve existing temporary,shed for kayaks on landward side of bulkhead (+/- 50 sq. ft.) Location of action: Site acreage: Present land use: 1750 9th Street~ Greenport, NY .97 acres Residential Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: Susan Farrell and Edward D. Fusco 391 7th Street Brooklyn, NY 11215 (c) Telephone number: Area Code (w ) 718-788-3333 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No ~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of'Southold that enhances community character, preserves open space, makes efficient use of infrastructure~ makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section HI -Policies; Page 2 for evaluation criteria. Yes [] No [-~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See · LWRP Section HI ' Policies Pages 3 through 6 for evaluation criteria ~ Yes ~-] No [-~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section in- Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~-] Not APplicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LwRP Section m- Policies Pages 8 through 16 for evaluation criteria ~ Yes [--] No ~ Not'Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~-~ Yes ['~ No ~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. Not Applicable · Yes No Not Appli~e Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~ No [-~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~-~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Yes~-~ No [] Not Applicable Attach additional sheets if necessary .woRKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 1H- Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No [] Not Applicable ' Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-] Yes [-~ No [] Not Applicable PREPARED BY Su~ TITLE Edward D. Fusco~ "~ Co-Owner Co-Owner COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 May 4, 2012 Southold Town Trustees PO Box t 179 Southold, NY 11971 RE: Permit 0289 issued to Diana Tendler ~A¥ - 4 2012 : Dear Trustees: I would like to transfer permit #289 to the current property owners, Susan Farrell and Edward Fusco's name. I am also requesting to modify this permit to allow the removal of eight trees and brush located behind the existing bulkhead then backfill the area. The current owners would also like to legalize an "as built" kayak shed. Please note the existing fence on top of the bulkhead will be removed. I have enclosed a copy of permit #289, a layout of the existing kayak shed, a tree removal location plan and two checks totaling $150.00. If any additional information is needed, please do not hesitate to contact me. Sincerely, Permit Manager Enclosures oOARD OF TRU~I ES TOWN OF SOUTH',J) LD..~,~.. .-, ~:o 6:o' BOARD Of: TRUSTEES TOWN OF SOUTHOLD I Idr .17~o DEPTH BELOW LOW WATER YARDS TO BE EXCAVATED YARDS TO BE FILLED /O ~ WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY ~-~oo DEPTH AT LOW. TIDE AVERAGE RISE IN TiDE DISTANCE TO THE NEAREST CHANNEL FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA ~ FT. AREA ZONING ~ / MANNER IN WHICH MATERIAL WILL BE REMOVED OR' DEPOSITED_J_-._/~_~/~..~_t,~/7~'~' S~:~ ~ iNTENDED USE OF PROPERTY /J~f~/~/~ 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 DESCRIBE FULLY THE REHABiLiTaTION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SUR~VEY OF THE PROJECT SITE IF NECESSARY WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? ~ TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEFS SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No.....................289 has been granted by the Town Trustees according to information furnished in Application No ...... .3..4.?. ......... filed by Applicant .....D..i..a.,n.a....T..e..n..d..1..e..r. .............. ........................................ on .....3.,a.~:....2..2. ............ 19...8..6..... A map of the proposed work will be kept on file in the Trustee Office under the application number given, Permit granted to do the following work ~?~c~s~?~c~5~a~c~e~`2~n~~h~ ...... with the provision that no fill is placed behind the bulkhead as stated .... ....................................................................................................... Location of property on which work to be done ...... [.°.9..t...9..~..,.~.~.n...t..h...S. 5,~.e.~.t..~...C.~.e..e.~]2,°. ~..[~ ................ Creek, Bay or Harbor fronting property ..... ..~..~,e.,s.....C.9.Y.e. ........................................................................ Size of work: Length ...................~.g..2.'. .................................................................................................... Width ............................................................................................................................. Height Above High Water 5 ' - Depth Below Low Water ................................................................................................. Yards to be Excavated ..................................................................................................... Yards to be Filled ......................................................................................................... Manner in which material is to be removed or deposited ......................................................................... Intended use of property ........... ][e~.td~l~;~.aJ, ........................................................................................ Approved with the provision the bulkhead [s replaced in lace Conditions if any ...................................................................................... . ........................... ~ ............... .,a. n..d....n..°... ~ j.l..1....i..s....t..°....b. ,e....P..1..a..c..e. ~.. ,b. ,e. h..i..n..d... ! ~ ~.. ~ ~ ~ ~ ~ ~.~ ~..~...~.~.~.~.~.~. ,..b_v....t.b..e...a. ~e.,n..~ ..................... . Expiration Date ..... .A.p..r..i.~....2..4.~.~..~..9..8..7.~.~i~f~.~g.T.~'~b`~.~.~.r"~.¢~c~e.~..b.y..~ ~] .d~r.~ ...................... Number of Inspections Required ~..2~...T.r.q.s..t.~.~...~.~;~..~/~.~.b.e`~.t:J`~¢c~.~p~.~"~-Le~t~L~a~ ................ of the work. Inspection Fees ....... .$..5. :..0..0... p..a..i..d....r..e..c. :....n..o. ,... ;~ j, ~, .5. 9. ............................................................................ 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 TrL~stees 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 all 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 mis permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its o[fiuu~s a.-~d employees to enter upon the premises where such opurations 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 ve~te- 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. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. Signed . ,... ~.~2:?~.l~'. .... Presi~'ent Board of Southold Town Trus[ees HENRY 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 Sou[hold, New York 11971 April 25, 1986 TELEPHONE (516) 765-1892 Mr. John H. Geideman P. O. Box 416 East Marion, New York 11939 Dear Mr. Geideman: The following action was taken by the Board of Trustees at their regular meeting held on April 24, 1986 regarding the wetland application no. 345 on behalf of Diana Tendler. Moved by Trustee Goubeaud seconded by Trustee Krupski WHEREAS, John H. Geideman on behalf of Diana Tendler applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 22, 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 April 24, 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 testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; 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 John H. Geideman on behalf of Diana Tendler be and hereby is qranted permission to remove the existinq bulkhead and replace in kind in place a 102 lin. ft. bulkhead on property located on the North side of Pipes Cove at the foot of Ninth Street, Greenport, with the provision that no fill is placed behind the bulkhead as stated by the aqent. This permit is qranted under the provisions of the Wetland Ordinance of the Town of Southold. This permit will .~x~ire on April 24, 1987 if work has not commenced by same. There are two inspections required and the Trustees are to be notified upon completion of tha work. -2- There is a $5.00 Wetland Inspection fee which is due and payable, upon remittance, your permit will be forwarded by mail. Very truly yours, Henry P. Smith, President Board of Town Trustees Clerk to Board HPS:ip cc: Southold Town Building Dept. Mr. Charles Hamilton, DEC, Stony Brook Coz~issioner Henry G. Williams, DEC, Albany N.Y.S. Dept. of State Town Trustees File TF LEPHONF Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL ~arch 20, 1986 To: Southold Town Trustees From: Linda J. Cooper, CAC Secretary The following are recommendations made by the CAC at their regular meezing held Wednesday, March 19, 1986: No. 344 - No. 345 - No. 346 - No. 347 - No. 348 - No. 349 - No. 350 - No. 351 - No. 353 - No. 354 - No. 355 - No. 356 - No. 357 - No. 359 - No. 360 - No. 361 - No. 362 - No. 363 - No. 364 - Bernard Kirsch M.D. - Recommend approval Diana Tendler - Recommend approval b~artln & Florence Gellman - Recon~end approval Arnold Blair - Recommend approval Mattituck Inlet Dryland Marina, Inc. - Recommend approval with the stipulation that applicant cannot dig in front of the bulkhead. Also provisions should be made for a pump-out station £or treatment o£ waste from boats and fisherman. Village ~iarina - Recommend approval James F. King - Recommend approval Gerard Gallian - Recommend approval Goldsmith's Boat Shop, Inc. - Recommend approval James Gray - Recommend approval Tovey C. Lesnikowski - Recommend approval Port of Egypt - Recommend approval Budd's Pond ~]arine Arthur D. Sarkisian - Recommend approval Philip L. Friscia - Recommend approval William D. MeCabe - Recommend disapproval. Too close Gustave C. Bickert - Recommend approval with the stipulation that the bulkhead is built IN PLACE and not allow the 18" leeway. James Meskouris Recommend approval. Dorothy A. Raynor - Recommend approval. to wetland. If you have any questions, please do not hesitate contacting me. BOARD OF TO~'N TRt'STEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 APPLICATION IS HEREBY MADE TO TH£ TOWN TRUSTEES OF THE TOWN OF $OUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. PHONE NO______ I00II ~ ~_~_ _ ~_ _~_ _ z~_ ~ z:_ _ _~ HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION CREEK, BAY OR HARBOR FRONTING PROPERTY____~.~ SIZE OF PROPOSED WORK .... ~ LENGTH WIDTH HEIGHT ABOVE HIGH WATER DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA ]S THIS FOR PRIVATE OR BUSINESS USE7 ..... ..~ , . AREA ZONING FT. DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? ~ BOARD OF TO~ TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRONMEHTAL ASSESSMENT FORM Project Information [To be completed by Applicant'or Project sponsor) [~'Res,dent,a[ [] Industr,al [] Commercial [] Agr,culture [] Parkland/open space [] Other [] Yes ~ No Il ye~. list agency~J and perm~tlapproval~ PART II Environmental Assessment (To be completed by Agency) PART III Deternlination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identiiied above, determine whether it is substantiaJ, Jarge, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (dj irreversibi[ity; le) geographic scope; and ~f) magnitude. If necessary, add attachments or reference supporting materials. Ensure th;t explanations contcin sufficient detail to show that all relevant ~dverse impacts have been identified and adequately addressed. [] Check this bo~ if you have identified one or more potentially large or significant adverse impacts ~hich MAY occur. Then proceed directly to the FUI,L/LONG FORh,~ EAF and/or prepare a positive declaration. [] Check this box if you have determined, bas: d on the information and analysis above and any supporting documentation, that the proposed acuon WILl. NOT result in any sigmficant adverse environmental impacts AND provide here. and on attachments as necessary, the reasons supportng this determinabon: DJ:e COUNTY OF SUFFOLK STATE OF NEW YORK ) )SS: 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 SOUTNOLD AND THE TOWN TRUSTEES HARMLESS AND SIGNATURE OF APPLICANT SWORN TO BEFORE ME THIS LINDA d. COOPER NOTARy PUBUC, State of New York No. 4n~;~-~. Suffolk Cour,w~..~ Term Expires March 30, 19.~~'~ EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS, IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 BOAflD OF TOXX'N TR[:$TEES TOWN OF SOUTHOLD Town Ha[l~ 53095 Main Road P.O. Box 728 Southold. New York 1197l TELEPHONE (516) 765-1892 AGENT .... j~_~ ............. PHONE NO. WIDTH DEPTH BELOW LOW WATER YARDS TO BE FILLED WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY DEPTH AT LOW TIDE AVERAGE RISE IN TIDE ~____~_~'~ DISTANCE TO THE NEAREST CHANNEL DISTANCE PROJECT EXTENDB BEYOND SIMILAR PROJECTS IS THIS FOR PRIVATE OR BUSINESS USE? AREA ZO.,.G .......... IN THE AREA FT. I N WH I CH MATER I AL WI LL BE REMOVED OR DEPO$ I TED____'~__=~=~Z~t'~/..:~__~_____ ,.TE.DED DBE OF PROpE.TY ~,~/~ ,'/~_~<~ ................. DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE ........... z~' /,~ ~ AND WHETHER ANY PRIOR LICENSE O~ PEEMIT~ HAVE BEEN I~SUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY ~ER~ITS O~ LICENSE5 ~E~E EVE~ SUSPENDED O~ REVOKED BY A GOVERNMENTAL AGENCY DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK lB COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY ........ _~___~___~_~~__~_ ~ _~__~_~ .... ..... - WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? ~ BOARD OF TO~N TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRON~EHTAL ASSESS~ENT FORM Project Information (To be completed by ^ppJicant or Project sponsor) Project location: [] New [] Expansion [] ~4odification/aheration Yes [] No If No. describe br,e(ly [] Agr,culture [] Parkland/o~en space [] Other [] Ye, [] No If ye,. list agency{s) a.d perm,t/approvars ~ _j~. PART II Environmental Assessment (To be completed by Agency) 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 otherwis significant. Each effect should be assessed in connection w~th its (a) setting (ie. urban or rural}; (b) probabdity of occurrin! (c) duration; Id) irreversibility; {e) geographic >cope; and Ii) magnitude, if necessary, add attachments or reference supportin materials. Ensure that explanations contcin sufficient detail to show £hat all relevant adverse impacts have been identifie and adequately add~'essed. [] Check this box if you have identified one or more poten£Jally large or significant adverse impacts ~hich MAY occur. Tile proceed directly to the FULL/LONG FOR,~,I E^F and/or prepare a positive declaration. [] Check this bo× if you have determined, based on the information and anal,/sis above and any supporting documentatior that the pro~o~ed action WIlL NOT result in any si~ndicant adverse eflv/ronmentaJ impacts AND provide here, and o att3chments as necessary, the reasons supportn§ th~s determination: COUNTY OF SUFFOLK ) STATE OF NEW YORK )SS: VIRTUE OF SAID PERMIT, IF GRANTED. Zn completing this application I hereby authorize the Trustees~ agent or representative to enter onto my property to inspect the premises in conjunction with review of this application. APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "~ETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS, WHARVES" PERMIT CONDITIONS, IF ANY (CHAPTER 32) EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES V - 36 RESOLUTION: December 23, 1986 Diana Tendler RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of J. H. Geideman on behalf of Diana Tendler for a Wetland Permit on certain property located on R.O.W. at the foot of 9th StreEt, Greenport. November 21, 1986 TO: BAY CONSTABLE FROM:TRUSTEE OFFICE RE: Diana Tendler Permit No. 289 PLease issue a violation of the attached permit to Diana Tendler. She has violated the permit by filling behind the bulkhead. Formerly GA-4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TRANSMITTAL SLIP TO FROM DATE FOR ACTION AS INDICATED: ~ Please Handle ~ Prepare Reply ~ Prepare Reply for Signature ~ Information ~ Approval ~ Prepare final/draft in Copies [] Comments [] Signature [] File [] Return to me ~OB NO.: I~ND N/P OF NELSON PIPES COVE CORPORATION NO7' INCLUDED NOT INCLUDED PIPE FOUND U N P (T~P.) THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT CERTIFIED / / It / / / / / 050189 DRAWN BY: M,K, CHECK 30 0 30 SCALE 1' = 30' 49. O, co 60 90 MAP of SURVEY F NINTH STREET