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HomeMy WebLinkAboutFRIEMAN, SANFORD TRUSTEES John M. Bredemeyer, 1~I, President Albert J. Krupski. Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold. New York 11971 .April 2, 1993 Sanford Friemann Old Harbor Road New Suffolk, NY 11956 RE: SCTM ~1000-117-3-8.4 Dear Mr. Friemann: After an inspection by a representative of the Board of Trustees, the proposed addition was found to be out of the Trustees 3urisdiction. Please note that this does not constitute any approvals from any other agencles. If you have any other questions, please do not hesitate to contact this office. Very truly yours, Henry P. Smith Member, Board of Trustees HPS:jd Albert L Kmpski, President John Hotzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (5t6) 765-1823 July 6, 1994 Sandford Friemann 1165 Old Harbor Road New Suffolk, NY 11956 RE: Sandfor Friemann SCTM 9117-3-8.4 Dear Mr. Friemann: The following action was taken by the So~thold Town Board of Trustees on Thursday, June 30, 1994: RESOLVED that the Southold Town Board of Trustees grants an amendment to permit $4318 to add a 3' X 12' ramp and an 8' X 20' float to the existing dock. This amendment will bring the length, of the dock to a total of 134' reaching the maxim~ li~it of 100' from 551W. If you have any questions, please do not hesitate to contact this office. Sincerely, President, Board of Trustees AJK:jmd cc: John Geideman - - Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO...L'J.3. I ~ DATE: _. 5/.26/.94 Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and C~apter 404 of the L.aws of the State of New York 1952; and the Sobfhold Town Ordmnance en- titled "REC=ULATJN~= AN D THE PLACINg= OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS .F. ROM LANDS UNDER TOWN WATERS:" and in accordance w~th the Resolution of The Board adopted at a meeting held on ..5/.26/94 .... 19 .9.i., and in eonslderafion of the sum of $ 100..00 paid by .. J.ohn, Geidema~ ..for. SAN~O~D.. ERIEMAN .................................... of ...... ~T~..S.~£~lk N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Grandfather Permit for an existing beach house, a 15~ X 30~ deck around beach house and an 85~ X 4' existing dock as per drawing dated as rec'd. 2/7/94. DENIES request to extend . ch arbor,. docel~l lO0, n eccoraance~eet" w,t~fi~e ~e~ spec,f,¢at,ons, as presented fhe originating eppJicaf|on. IN WITNESS WHEREOF; The seld Board of Trustees here- by causes ifs Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ., ~, ~ ,, ,[%, ,,, ~,~.~ ~ ....... Board' Of Southold-Town SOUTHOLD, NEW YORK Aul'horizaliou Pursuant to fha provisions of Chapter 615 of the Laws of ~'he State of New York, 1893; and Chapter 404 of the Laws of State of New York 1952; and ~e Soufhomd Town Ordinance en- titled "REGULATING AND THE P~CING OF OSSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAN D, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted afa meeting held on .. 19 9~., and rn consideration of +he sum of $100.00 paid by .S~fo~d...~eim~ of. E~ M~=ion ..................................... N.Y. and subject fo the Terms and Cond~f~ons l~sfed on ~he reverse side he~, o~ Soufhold Tow~ Trusfees aufhorJzes ~nd ~ermJfs ~e ~oJJowi~g: Amended Gr~nd~er Permi~ ~o e~end e~tin~ do~ by ~00 m~kin~ ~ot~ structure ~95~ [~om ~.H.W. ~ not to e~ceed Ien~th ~i~hbor~n~. docks. :~cno~ue ~roor all i~ ~cco~dance wi~h fhe defsJ~d 'speci~Jc~Ho~s ~s p~e~ed ~he or~9Jn~fi~g IN WITNESS WHEREOF, The said Board of Trustees h~re- by causes ifs Corporate Seal fo be affixed and these presents to be subscribed by a maiorify of the said Board as of this def~. abstaine NAY Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 December 23, 1994 Patricia C. Moore Moore & Moore, Attorneys 315 Westphalia Road P.O. Box 23 Mattituck NY 11952 Re: SANFORD FRtEMANN SCTM ~117-3-8.4 Dear Ms. Moore, The following action was taken by the Board of Trustees during its' regular meeting held on Thursday, December 22, 1994, regarding the above matter: WHEREAS, SANFORD FRIEM3%NN applied to the Southold Town Trustees for a permit for a dock extension under the Wetland Ordinance of the Town of Southold dated February 7, 1994; and, WHEREAS, said application requested to extend the existing dock one hundred feet plus a twelve foot ramp and a twenty foot float; and also requested approval to rebuild a beach house and deck that had been built in the 1950's; and, WHEREAS, the existing dock is approximately 120 feet in length and extends approximately 85 feet from the mean high water mark; and, WHEREAS, said application was referred to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, as per survey dated February 7, 1994; 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, W~qEREAS, the Board determined on May 27, 1994 that it was in the best interest of the public to approve the Grandfather application for rebuilding the beach heuse, d~ck and existing dock, but that the request for a dock extension would not be in the best interest of the citizens of the Town for the reasons more fully set forthbelow~ and, WHEREAS, the applicant ~ecei~ed a. permit from the Department of En~i~onmentai Conservation to extend the dock, dated August 9, 1994; andr and, ~t~.~Et{E~AS, a hear~gwas held by the Tow~. Trustees with respect to h~i r~donsideration oS ~he dock extension application o~ Nbyerab/~r i7~ 19~4 at w~hich time a~t interesteaPersons w~re g%ven~,8~q epport~n~y to be heard; and, extensively used byboats, and in property is close to School House several marinas and has heav~ boat ~.~, a survey o~ adjacent docks shows that the Givens' dock ~ 'i~$<~0rt~ ms onl~ 80 long from mean high water mark, and the ~ld C~D YaCht club deck to the south is permitte~ to be not more ~'~h 10~ feet long from mean high Water mark, and, ~H~ theiexcessive length of the proposed dock extension ~W~y f~m t~e shore and into the harbor will create a hazard to navigation, and, ~ERE~, tho project site was last inspected by a member of the ~I~~_i ~r~stees on October 27, 1994 and it was found that ~re!~s ~ water depth of 2' at end of the existing Friemann ~6dk ~ 1Aw tide 12:15 p.m., and, i, the Trustees-have considered applicant's indication ~h~t ~ proposed extension will give access to a water depth of ~ ~l/'~iTeetl but havg~ concluded that access by an 'individual to ~ater~pthls a secondary consideration when weighed against ~e n~igation hazard such an extension'will create for the ~ner~i p~blic, and. WHEREAS, the 130 foot X 4 foot proposed dock extension will monopolize an exceptionally large a~ea of public bay bottom, effectively barring other users from this area, and, WHEREAS, the application on · the dock extension are as were when the Board initially denied 1994, and, WHEREAS, the Board of Trustees finds tha~ t~is project will, according to the s~andards of Chapter 97 28, A. Adversely affect the wetlands of the town, F. Adversely affect navigation on tidal waters or the tidal floW of the tidal waters of the town, I. Otherwise adversely affect the health, s~fety and general welfare of the people of the town, NOW, THEREFORE BE IT, RESOLVED, that the Board of Trustees hereby incorporates these findings into its' decision of May 26, 1994 and hereby ratifies that decision to.DENY the request to extend the dock 130 feet including ramp and float. cc. CAC Albert J, Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Gat'tell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 NOVEMBER 17, 1994 TRUSTEES REGULAR MEETING I I I. AMENDMENTS/WAIVERS / CHANGES" 1. William D. Moore on behalf of S3~FORD FRIEMANN requests an Amendment to Permit ~4318 to extend the existing dock and catwalk approx. 100 feet as shown on the attached drawing. Located 1165 Old Harbor Road, New Suffolk. SCTM ~117-3-8.4 TRUSTEE KRUPSKI: I am not participating in this first one and I'll ask our Vice-President to conduct this amendment application. TRUSTEE HOLZAPFEL: Would you like to talk about it Mr. Moore? MR. MOORE: I am the attorney for Mr. Friemann. I want to talk to you about this amendment that we requested. It's basically the same request as the original permit which is the extension of 100 feet of existing dock. As you're aware... TRUSTEE WENCZEL: Excuse me, just to clarify that!, isn't it an extension of 100 plus a 12' ramp and a 20' float? MR. MOORE: Well the ramp and the float you've already approved. That is there. That remains, and we're adding 100 feet to that which has been approved. We're not asking that you take away the ramp and float. That would 9et us down to the water level at that point. Your Board acted very quickly on this application when it came in back in May or JUne and at the time that you ruled upon this and which you denied the extension request we had not heard back from other agencies. I provided for you.~for your file and your information copies of a DEC permit which was received which wasgranted without modification. for this proposed extension. The New York State Dept. of State which concerns itself with Coastal Management concerns and State policies of the use of our coastal ways, authorized issuance of permit without modifications, the U.S. Army Corps of Engineers has issued its permit for this extension as requSsted without modification. When this application was before you, your own CAC unanimously recommended issuance of the extension as requested. The CAC recognized the water depth there. Where his dock ends now it's possibly one foot of water than mean low water. The extension will take him down to 2 1/2 feet approx, at mean low water, so CAC unanimously recommends to the board issuance of the extension as requested. In your decision, you determined the proposed extension would have no adverse effect on the Town, on the wetlands, on the waterways, all the criter±a considered under the wetland ordinance, and then summarily denied the 100' extension, with no findings in your decision to support the denial. Now, we've requested an amendment and come before you tonight in light of, and so that you could have the benefit of every other agency's considerations which grant the amendment, or the extension rather, as we've requested it. have with me tonight Larry Tuthill who, as you know, is from the community, a licensed P.E., and I'd like him to speak to the slight conditions, the structure, and explain to you that there's really ne problem with this proposed extension as we've proposed it to you, if I could have him come up for a moment. If you would, Mr. Tuthill, just for purpose of the transcript, and the lady who's going to type it up, would you please state your full name, address, and occupation. LARRY TUTHILL: Lawrence M. Tuthill, the address is 1215 Inlet Lane, Greenport. MR.MOORE: And what licenses or degrees do you have? Tell the board. MR. TUTHILL: I have a degree in Civil Engineering, a bachelor of science degree in Civil Engineering, and a professional engineering license from the State of New York. MR. MOORE: Okay. Are you familiar with the site, the Friemann property? MR.TUTHILL: Yes I am. MR. MOORE: And have you had a chance to look over the proposed plans for the dock extension there? MR. TUTHILL: Yes I have. MR. MOORE: And with your background and your experience, do you see any problems, structurally, for this proposed extension? MR. TUTHILL: I see no problems, no. MR. MOORE: Alright, in your opinion, any adverse impacts on the bay, or Mr. Friemann's property, or for that matter, on the surrounding property? MR. TUTHILL: No, there are, the yacht club dock extends, they have piling out there right now, and there was an existing dock that led way out in the creeks, out to the bay. The one, there's a dock to the west, I mean to the north really, that extends out maybe a hundred feet, or a hundred and some feet or so, but beyond that, 50' beyond that is a fairly large cluster of rocks that run parallel to the beach, which is certainly, would be a navigation hazard if you allowed people to go in that far, or gave any indications that, that, by structures that that area was deep water, which it is not. The navigation maps here would show that the area in general is probably only about 2' in water, throughout the whole area, running through the creek at Boatman's Harbor. MR. MOORE: Any information the Trustees ought to know about this sight, or... MR. TUTHILL: Along with that site or so, in the general area, to the north of the Yacht Club dook, there is an old sunken schooner~ which remains, some of the remains are still there, and I have a picture of it here to show that that area is not too conducive, I mean for in close to shore for navigation, an it's more or less a kaza~d for anyone to go in that area, so that, because the water's so shallow, most of the local people this, rej still exist there. And was originally roblems are that : that we I ' 11 you for: itself. our 80 ' that Mr. Tuthil~l made was I think, just to , the of : the Givens dock permit in · here, for an 80' dOCk~ .And that at the'dlagram that they gave!~ Looks like :~e~ds fr,omthe high ~a~ ma~k out into ; i{m not Sure that ¥ou~ilkhOw, but the to us earlier this ~f_f°r a permit that permit, we ~llo~v~st~em to build further than ~00 high side a~e not the the same. Ye: :lng structures are s~: and :hose existing~s that's true. But ~don't know... : I've,said before, just,~hey~we wa~t huron that not allowing it to boats using ~hat, kids that sunken don't . were ¢ them vesse ~ at Old Cove Yacht have , is ~t~at What you' vesse~ is oh the no~h Side of the one o~ the reasons!~h¥ it extended bhat sunken vesse~~ and I don't :ed i~ when they gave out that permit. TRUSTEE WENCZEL: I don't think anybody came in here and gave us any testimony about that or said a single' word about that. MR. TUTHILL: Well, it was there, and it's still here, that doesn't change the fact that it's still there~ the sunken vessel's still there, and it is a hazard to these people using it. And the second issue, though, you do have those rocks out beyond Givens's dock. Have you ever noticed those there? TRUSTE WENCZEL: Oh yeah. I saw them. MR. TUTHILL: Well, they are there, right, and quite a ways beyond it, and they run longitudinally, so that is a navigation hazard right? TRUSTEE WENCZEL: As well as a longer dock would be also. MR. TUTHILL: Well, but you can't navigate, as you know, you can't navigate in that area really, I mean you can float a row boat, but that's, in that whole area in Cutchoque harbor, it's very dangerous to be in there unless you know the waters, because you will run aground. TRUSTEE WENCZEL: The point that I would like to make is that I was down there~ let me look at my notes here, on the day of our last meeting, because this was up for a discussion. On October 27th. And I very carefully consulted Eldridge tide tables, and I was there at low water, and in fact, I made a number of trips there to make sure that I hit low water, and as of my measurements at 12:15 that day at low water, there was 2' of water at the end of that dock. Now, whereas that may not have been the lowest tide that ever exists, it was probably in the bail bark, and the weather that day was a northwesterly wind, blowing 15 to 20 knotsr which, as you know, will give a little bit more of a low tide than is normal. So... MR. TUTHILL: Not necessarily. TRUSTEE WENCZEL: I think the board's contention is that it is navigable, that there's a lot of traffic coming out of Schoolhouse Creek, there's a lot of activity there, and that this dock would interfere with that. And docks of that length would interfere with that in that neighborhood, and that's one of the reasons that the Old Cove Yacht Club dock was always, was also reduced to 100' from mean high water in that area. MR. TUTHILL: Well, what you're saying in reference to your measurements, the wind blowing northwest, just this evening, we've got the wind blowing very hard from the east or so, and there's an extremely low tide there, even with the wind blowing. TRUSTEE WENCZEL: Full moon also. MR. TUTHILL: So when the wind blows northwest, it may or may not be critical to what the tide is doing. So, in reference to the boating on Schoolhouse Creek, I know of no one using that Creek, in or out of that Creek goes close to that shore, or anywhere near where the area of Mr. Friemann's dock. I don't know of anybody ever using any boats, they usually head out in the area of Robin's Island, very few people turn and go towards Wickh~n's Creek or Boatman's Harbor. Very, very few if any. It's hard to say. In fact, out in front of that area, in the summer, there are quite a few boats moored out in front of that area. TRUSTEE~KRUPSKI: You know, I can't participate in this discussion, but I can, as chairman, I'm going to insist we keep this moving along. We're talking about rocks, and wrecks and mermaid~, and we're ~getting off course here. So let's keep the disc Excuse me,-let me finish. You have an · stick to the program, because it's t. the amendment is allow a 100' it. oved want it. ~a of ·their t no~ or site to taken was to sit ~ight? MR. Say gee, ~he Board can't It ~n so I ~ to right to build want to? What is~ of navigable water. is that ~where I~m, I'm the hundred to my guns, and said he want; to be this big, ~thing reasonableornot? With talking, and that's the problem ~'t :deal with site specifics, we got entire bayfront areao~~ Cutehogue tWO. y, to sit make any asloop in and that...I'd Harbor is very shallow, any sailboat guy out there knows don't go anywhere near there. Anybody with a power boat knows don't go near there, at least if you're smart enough to check a chart out, you know. You'll find your way in there by mistake, and you'll know what the problem is. So, it deals with, you know, it has to be reasonable, but it deals with the ability to get with navigable water. And we have given you the depth of the water, you have the available governmental charts showing you what it is, and presently, we show a foot of water at the end of this dockr and we're asking to get to 2 and 1/2' of water. To get to 2 and 1/2' of water is not an unreasonable request to get to navigable water. That's really the issue. In light of the site conditions. If the water was 40' deep right there, and we still said no, we want to go out half a mile, it doesn't make any sense. It doesn't make any sense at all. But in light of the site conditions, you can't operate, absent knowing what the particular sight is. On the sound, on the bay, all different considerations in there, but you've got to deal with the sight, you can't say 100' is our rule. It's easy, look, 100'. It makes for an easier decision, no argument about that. And you don't have a lot of arguments from people like me, who you're getting kind of, you know irritated, it's like we've gotta deal with the site. And I go back to, you didn't have the authority in the first instance to declare a 100' rule. You're zoning board, I'll give you an example. The Zoning board says, you gotta build your house 30, the zoning board? No the Town Board says you gotta build your house 35' from the front yard set-back. It's written in stone. No it's not. There's a variance mechanism out there. You go in there and show why the 35' rule doesn't work for you, why on your site the 35' rule is inappropriate, and Gerry Goehringer and the tx)ard sit there and listen to your argument and say yea or nay, go to 30', go to 28', because of your site conditions. And that's what this application's all about. Thank you. TRUSTEE HOLZAPFEL: Are there any other comments? TRUSTEE KRUPSKI: No, this is not a public hearing. TRUSTEE HOLZAPFEL: Oh, sorry. Okay, thank you for your co~ents. What we're going to do now, I think, is close this, and then we'll look at all the stuff you've given usf go through it carefully, and then at the next month's meeting, we'll make a decision. MR. MOORE: Very good, thank you. TRUSTEE HOLZAPFEL: Okay? Thank you. Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin I~I. Gan-ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 May 27, 1994 John Geideman P.O.. Box 416 East Marion, NY 11939 Re: sanford Frieman SCTM 9117-3-8.4 Dear Mr. Geideman, The following action was taken by the Board of Town Trustees during its regular meeting held on May 261 1994 regarding the above matter: WHEREAS, SANFORD FRIEMAN applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, as per survey dated February 7, 1994, 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 26, 1994 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 THEREFOREBE IT, RESOLVED, that the Board of Trustees approves the Grandfather application of SANFORD FRIEMAN for an existing beach house, a 15' X 30' deck around beach house and a 85' X 4' existing dock, as per drawing dated as received Feb. 7, 1994. RESOLVED, that the Southold Town Board of Trustees DENIES the request to extend the dock 100 feet. Pemit will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are zequired and the Trustees are to be notified upon completion of said project. Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJKldjh cc. CAC Albert J. Krupsld, President John Holzapfel, Vice President William G. Alberts0n Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 February 7, 1994 Chairman Southoid Town Conservation Advisory Council Southold Town Hall ~&in Road Southold, NY 11971 Dear Chairman, Transmitted herewith are the following applications for a wetland permit: SANFORD FRIEMANN SCTM 9117-3-8.4 Please prepare a written report of findings and reco~muendations with respect to these applications. Very truly yours, Albert J.-~rupski, ~r. President, Board of Trustees AJK/djh ~ Re~m~mendations 2117/9u, ~ No, 1113 Moved by Patricia Isaksen. seconded by Jack Hagerty. it was F~ESOLVED to recommend to the Southold Town Boar~ of Trustees APPROVAL of the Wetland Application of SANFOR~~'[ FRIEMANN 117-3-8Jt to extend existing dock 100' - shoaling~ ~as decreased water depth to less than 1~ at mean Iow water. Extension i.s to make possible mooring for small pleasure craft. 1165 Old Harbor Road, New Suffolk Vote of Council: Ayes: All Motion carried'. No. 111[t Moved by Bruce Loucka, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of that a GRANDFATHER PERMIT be issued to ALBERTSON 70-t~-2 for an existing timber bulkhead. concrete wall erected prior to 1968. Wells Avenue. Southold. Vote of Council: Ayes: All Motion carried. Trustees CHESTER R. 15' dock and No. 1115 Moved by Allan Connell, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of DR. ANDREW MCGO¥/AN 116-6-18. 19. 20 to remove and replace. (in-kind. in-place), four (~t) timber jetties whose lengths are. west to east. 50+/- ].f., 85+/- I.f, 100+/- I.f. and 50+/- I.f. New structures will be Iow profile. Outer ends will be at elevation of AHW except for piling. Remove and replace (in kind and in place) 25+/- I.f. of timber bulkhead and backfill with 7 c.y. of .clean sand to be trucked in. New straight bulkhead to replace existing curved bulkhead. The Council recommends disapproval of the application as submitted. The Council suggests the applicant only replace the two outside. 50' jetties. (jetties must be Iow profile); DO NOT replace the two inside .ietties. This would allow the beach to stabilize. The Council also suggests the applicant remove but DO NOT REPLACE the b~ikhead, there is no need for a bulkhead. Plant the eroded area with spartina patens. New Suffolk Avenue. Cutchogue Vote of Council: Ayes: All Motion carried. No. 1116 Moved by Allan Connell. seconded by Bruce Loucka. it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of GREGORY POULOS '15-3-3 to construct stairs from top of bluff to beach, approximatefy 56' x 3' overall. The Council recommends approval provided the applicant replant the exposed areas and under the stairs with beachgrass. Page 2 DRAFT RESOLUTION DRAFT RESOLUTION - SANFORD FRIEMANN WHEREAS, Sanford Friemann applied to the Southold Town Trustees for a permit for a dock extension under the wetland~ordinance of the Town of Southold dated February 7, 1994; and WHEREAS, said application requested to extend the existing dock one hundred feet plus a twelve foot ramp and a twenty foot f~oat-~, WHEREAS, the. existing dock is approx. 120 feet in length, and extends approx. 85 feet from the mean high water mark; and, WHEREAS, said application was referred to the Southold Town Trustees for & permit under the provisions of the Wetland Ordinance of the Town of SOuthold, as per survey dated February 7, 1994, 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, for dock citizens and, The Board determined on May 27, 1994 thatthe request extension would not be in the best interest of the of the Town for the reasons more fully set forth below~ WHEREAS, the applicant received a permit from the Department of Environmental Conservation to extend the dock, dated August 9, 1994; and, WHEREAS, on October 12, 1994 the applicant requested a reconsideration of the previous req~est to extend the dock; and, WHEREAS, a ~hearing was held by the Town Trustees with respect to the reconsideration of' the dock extension application on F~...c~4 at which time all an opportunity to be heard; and, interested persons were given WHEREAS, the proposed application would allow a dockr including ramp and float, which would be 245 feet long, extending 210 feet from the high water mark into the harbor; and, WHEREAS, Cutchogue Harbor is extensively used by boats, and in particular, the applicant's property is close to School House Creek Which is the site of several m~rinas and has heavy boat traffic; and, WHERE~S, a survey of adjacent docks shows that the Givens' dock to the north is only 80" long from mean high water mark, and the Old Cove Yacht Club dock to the south is permitted to be not more than 100 feet long from mean high water mark; and, WHEREAS, the excessive length of the proposed dock extension away from the shor~and into the harbor will create a hazard to navigation; and, WHEP~EAS, the excessive length of the proposed dock ex'tension will create a dock which is far longer than other docks in the area and would encourage the extension of other docks (including ramp and float) to further interfere with navigation in the harbor; and, WHEREAS, the project site was last inspected by a member of the Board of Trustees on October 27, 1994 and it was found that there is a water depth of 2' at end of the existing Friemann dock at low tide 12:15 p.m. ~AS the Trustees have considered applicant's indication that the proposed extension will give access to a water depth of 2 1/2 feet but have concluded that access by an individual to water depth is a secondary consideration when weighed against the navigation hazard such an extension will create for the general public; and, WHEREAS, the 130 foot X 4 foot proposed dock extension will monopolize an exceptionally large area of public bay bottom, effectively barring other users from this area; and, WHEREAS, the above, reasons for denying the dock extension are as valid at this time as they were when the Board initially denied the application on May 27, 1994; and, WHEREAS, the Board of Trustees finds that this project will, according to the standards of Chapter 97-28: A. Adversely affect the wetlands of the to~rn; and F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby incorporates these findings into its decisi~1994 and hereby ratifies that decision to DENY~_~~di~the request to extend'the dock 13a feet including r~t. DE~,~RTMENT OF THE AR~JY NEW YORK DISTRICT. CORPS OF ENGINEER8 JACOB K. JAVIT8 FEDERAL BUILDING NEW YORK. N.Y. 102~'8-0090 March 2, 1994 Eastern Permits Section SUBJECT: Application Number 94-01420~L2 by Sandford Friemann To Whom It May Concern: The New Y~rk DistriCt, U.S. Army Corps of Engineers, has received a request for Department of the Ar~y authorization .for the following-activity: APPLICANT: ACTIVITY: Sandford Friemann P.O. BOX 968 Cutchogue, NY 11939 Extend an existing'four/foot wid~ fixed .pier by 100 .feet and~install a 3 foot by 12 foot ramp, an 8 foot by 20 :fo0t float and two dolphins. The purpose~ofthls'] provide.adequate mooring for the ~ WATERWAY: Cutchogue Harbor, Great Peconic Bay LOCATION: New Suffolk, .Town3of Southold, Suffolk County, NY As this is minor'in nature, authorization maybe by Letter of Permission. This is in'~ccordance with current'Feder~l Regulations governing workin navigable~waters.of'the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permiss!0n,_your review of the enclosed drawings is requested. Pursuant to Section 307 (c) of the Coastal~Zone ~anagement Act of.1972 as.amended.(~6 U.S.C~ 1465~(c)), th? appllcant has certified that the activity ComPlies'with and'will ~econducted in a manner that is consistent with the approved statecoastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 20 days ofthe date of this letter. Enclosure Sincerely, w. agg ~ef, Eastern Permits Section William D. Moore Patricia C. Moore October 23,1994 Southold Town Trustees Southold Town Hall Main Road, Southo!d 11971 RE:Sandford Friemann dock and MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 catwalk Margaret Rutkowski Secretary Dear Mr. Krupski, President Enclosed please find letter from State of New York, Department of State which has no objection to the authorization of Mr Friemann's proposed dock and catwalk. Also enclosed is the Army Corp. of Engineers' letter which states that it intends to issue a letter of permission. Thank you in advance for your assistance in this matter, you have any questions please do not hesitate to contact us. yours, if pcm/mr enclos. Sandford Friemann STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-000! October 19, 1994 Ms. Patricia C. Moore Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952 Re' F-94-063 U.S. Army Corps of Engineers/New York District Permit Application #94-01420-L2 Sandford Friemann Town of Soutbold DEC # 1-4738-00918/0000t-0 Letter of Permission Issuance Dear Ms. Moore: The Department of State has reviewed the information received on October 17, 1994 describing the above proposed project. Based upon the information submitted, the Department of State has no objection to the' authorization of this proposed project by Letter of Permission. No further review is required by the Department of State. We appredate your referring this information to the Department of State for review. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. cc: COE/New York District -' Sophie Ettinger DEC/Region 1 - Dave DeRidder ~ p~inted on recycled oaper Sincerely, William F. Barton Chief, Consistency Review and Analysis Bureau Division of Coastal Resources and Waterfront Revit~ at;on 4,994 William D. Moore Patri~ia C. Moore Attorneys at ~w We~ ~d P.O. Box 23 Tel. (516) 298-5674 F~: O1~ 2~-5664 October 12, 1994 Southold Town Trustees Southold Town Hall Main Road Southold, NY 11971 Re: Sanford Friemann Dear Mr. Krupski, President Southold Town Trustees: By this letter, we hereby request on behalf of Mr. Sanford Friemann~ toamend the Board of Southold Town Trustees permit to extend the existing dock and catwalk approximately 100 feet as shown on the attached drawing. The existing dock stands in water that is only 1 foot deep at mean low water. The proposed extension will enable Mr. Friemann access to navigable water, water depth of approximately 2 1/2 feet at mean low tide, for the purpose of docking Mr. Friemann's small pleasure craft. Mr. Friemann is entitled to reasonable exercise of his riparian and littoral rights as an upland owner. We therefore respectfully request that the Trustees grant Mr. Priemann an extension of his existing dock, as proposed. Please contact us when this matter will be placed on your agenda for discussion. WDM/mr DEC PERHIT NURSER 1-47~8-00009t8/00001-0 FACIL;TY/PROGRA~ RUHBER(S) ITYPE OF PERN;T · Reu NEg YORK STATE DEPART#ENT OF ENV] I~ONRENTAI 'VSERVATI~DN PE IT t oA ;s Under the EnvJre~eatot J August 31, 1997 Conse~,mt fort Lind I ri Renewal ;1 Nodiftcatfon n Permit to Construct Q Permit to Operate Article 15, TLtte 5: Protection D 6NYCRR 608: gater Qna[ity of gaters Certification Article 15, Title 15: ~ater 0 Article 17, TttLeo 7t 8: SPOES Supply a Article 19: Air Po(Lutton Article 15, Title 15: geter Control Transport 0 ArtL¢[e 23:, Title 27: #lned Land Article 15, Title 15: Long Reclamation istar~d ~eLLs ~ Art;cie Z~: Freshwater garlands Article 15, Title 27: ~itd, Scenic and Recreational Rivers I Article 251 Tidal aetLands Article 27, TJtte 7; 6NYONR 360: SotidUaste Management Article 27, Titte B;EaIYCRR 373: #azardous~aste #anage~ent, Article 3~: Coastal Erosion Mansgeme~t Article 36: FLoodplain #ansgement RrtfcLes 1, ~, 17, 19~ 2r, ~r; 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO I TELEPHONE RUHSER Sandford Frieman I ADDRESS OF PERMiTTEE P.O. Box 958, Cutchogue, NY 11~35 CONTACT PERSON FOR PERHITTED k~RK TELEPHORE HUMBER ~AHE AND ADDRESS OF PROJECT/FACLLZTY Frfeman Property - Right Of gay off Harbor Rd., New Suffolk LO~TION OF PROJECT/FACILITY COUNTY I TOgN SuffoLk SouthoLd ~ATERCOURSE Extend an existing (4' x SS') dock by 100' with the addition of a (8' x 1Z~) ramp ar~ (8' x 20') float, be in accordance ~ith the attached RYSOEC approved plan. ALL ~ork shall By acceptance of thio permit, the permittee agrees that the perait ia contingent upon etrict compliance with the ECL, ail applicable regulatior~, the General conditions specified (seepe ge2) end any Special Conditions included as part of this permit, DEPUTY REGZONAL PERMIT ADNiNISTRA- I ADDRESS TOR: ] Roger Evans ltdg, 40, SUNY, aoo~ 219, StonY'Brook, gY 11790-Z~56 AUTHORIZED SIGNATURE DATE August 9, 199~ I Page I of 5 Telephone (516) 44, 365 Facs:[.m.~le (516) 444-0373 Sandford Frieman P.O. Box 968 Cutchogue, NY 11935 New Xork August 9, 1994 Langdon. Marsh commissioner i~E: 1-4738-~0918/00001-0 Dear Mr. Frieman: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed-~s a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Marlly~ Petereon Environmental Analyst MEP:nw enclosure Inspections 1. ~ ~ CEi'~I T IG'q~ ~ .~ The permitted site or facility, including re event records, is subject to in- spection at reasonable hours and intervals by an autho~i~,zed representative of the ~par u~t of ~viro~ntal ~nserva~ion (the ~par~nt) to deta~ine ~e~her the pe~ittee is cu~plying with this pe~it and the ~. ~ch represen- tative ~y order the ~rk suspended pursuant to ~ 71-~1 and ~A ~113). ~ ~y of this pe~it, including all referenced ~ps, dr~in~ and 'special conditions, ~st be available for inspection by the ~pa~nt at all ti~s al the project site. Failure to pr~uce a copy of the pe~i~ u~n request by ~par~unt representative is a violation of this pe~it. Permit C:~nges and. l~r~els 2. The Depar~¥ent reserves the right to rrodify, suspend or revoke this permit when a) the scope of the permitted activity is exceeded or a violation of any condition of the pemnit or provisions of the ECL and pertinent regula- tions is found; b) the permit v,~s obtained by misr:epresentation or failure to disclose relevant facts; c) ne~vrraterial inforrration is discovered; or d} envirorr~ntal conditions, r~levant technology, or applicable l~v or regulation have rraterial ly chen(~ed since the permit ~s issued. The permittee trust submit a separate written application to the IDeparu~nt for rene.~l, rrcdification or transfer of this permit. Such applicationrrust include an¥¢ forms, fees or supplemental info,~=tion the Department requires; Any rene~l, rrcdification or transfer grented by the [:::spar ~'antrrust be in w~i,ing, The permittee rrust sub*nit a reno^al application at least: a) 160 days before expiration o~ permits for State Pollutant DischarGe E!imination Syste"n (~ES), ~zerdous ~sta b~neGu~'ant Facilities (P/~F), rrajo-F Air Pollution C~ontrol (AFC} and Solid ~ste N~negeTan~ Facilities (S'~F); ann b) SO da,/s before expiration of all 8thor permit types. t.bless ~xpressl¥ provided for by the Deparbrant, issuance of this permit does not rrcdify, supersede or rescind an/ order or determin=,icn per/i~usl¥ issued ~y the Ceperu~-~nt or any of the rems, conditions or requir.m~n~s contained n such order or determination. Legal Cb ligaticns of P~rrrJttse 'i'ne permittee has accepted ~(pressly, by the ~¢ecution of the application, the full legat respcnsibility for all d~ges, direct or indirect, of v~,a~aver nature and by W:u~uver suffered, arising cut of the project described i'n this permit end has agreed to icdu.fif¥ and save harmless the Stat~ from suits, actions, da-rages and costs of every n~ end description resulting from this project. '1'his permit does not convey to the permittee any right to trespass upon lands or interfere with the riparian rights of others in order to perform the permitted ~rk nor does it authorize the irrpai.~unt of any rights, title, or interesz in real or personal property held or vested in e person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands easu~'ants and rights-qf-v~y that n-ay be required for this project. Page 2 of 5 ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 9. That if future operations by the State of New York require an al- it shall cause unreasonable obstruc~on to the free navigation of said waters or flood flows or endanger the health, safety or welfare of modification of the watercourse hereby authorized sh~ll not be com- pleted, the owners, shall, ~vithout expense to the State, and to such extent and in such time:and manner as'~t h~ Oeo~rtment of Ehvironmental Conservation may require, remove all br any portionof the uncompleted structure or fill and restore to its former condition the navigable and flood caoacitv of the watercourse. N6 ciaim.sh~ll be made against the State of New York on account of any such removal or alteration. 10 That the Sta~e of New York shall innoca~ebeliableforanydamage by or result from future operations undertaken bY the Stat~ for the 11. Granting of this permit does not -elieve the applicant of the responsi- 25, 34 and 6 NYCRR Part 608 ( TI~'t,~I ~et~.c~ } other environmedtallv deleterious material5 associated with the project. 13 Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodolain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 14 There shall be no unreasonable interference with navigation by the work herein authorized 15 If upon the expiration or revocation of this permit, the proiect hereby authorized has not been completed, the applicant sball, without expense to the State. and to Such extent and in such time and manner as the · De6artment Of En~irenmental Cofiservation ma'/reqmre, remove all or any portion of the uncompleted structure or fill and restore the ~ite to ~ts former condition, No claim Shall be made against the State of New York on account of ~nv such removal or alteration. 16 If granted under 6 NYCRR Part 608. the NYS Department of Environ- mental Conservation hereby certifies that the Subject project will nol contravene efflueot limitations or other limitations or stanoards under Sections 301. 302, 303, 306 and 307' of the Clean Water Act of 1977 (FL 95-217) provided that ail of the conditions listed herein are met. 17 All'activities authorizec~by this:pea'nit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application Such approved plans were prepared b,~ Scqll3df~ on 7/15/94 SPECIAL CONDITIONS Any debris or excess material from construction of this project shall be. completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. 'No debris is permitted in tidal wetlands. The storage of construction equipment and materials shall be confined to within the project work site and/or upland areas greater than linear feet distant from the tidal wetland boundary.' There shall be no disturbance to vegetated tidal wetlands as a result of the permitted activity. Dock or timber catwalk shall not be greater than 4 feet in width and be a minimum of 4 feet above grade* over vegetated tidal wetlands (* distance is measured from ground to bottom of dock sheathing). Floats and ramps may not rest on vegetated tidal wetlands or on shoals and mudflats or any other submerged aquatic vegetation. 6e All repairs to docks shall be confined to replacement of existing structural elements with no change:in' design, dimension, or materials, unless specifically authorized herein. 1-4738-00918/00001-0 PROGRAM/I:ACILITY NUMgER ' 3 5 Page of NEW YORK STATE .OEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 25 Tidal Wetlands For Artide. ( No p.ermanent'structures may be built on dock without first obtaining Department approval. Docks may not (a) extend laterally beyond property lines, (b) be placed so that docked boats extend over adjacent p~0perty line, (c) interfere with navigation, (d) interfere with other landowners, riparian rights. No dredged or filling is authorized. Supplementary Special Conditions (A) thru (F) attached. DEC PERMIT NUt~BER J of 5 j De ' SUPPLEMENTARY SPECIAL CONDITIONS The Following Conditions Apply To Ail TIDAL WETLANDS; FRESHWATER,WETLANDS; COASTAL EROSION MANAGEMENT; and WILD, SCENIC, and RECREATIONAL RIVERS PERMITS; A copy of this perm%t, including all conditions and approved plans, Shall be avaiIable at the project site whenever au~horlzed work is in progress. The permit lgn enclosed with th? permit S~all be protected fromthe weather a~d posted.in a conspicuous location at the. work site until all authorized work hash,em completed. The.permittee shall require that .any contractor, project engineer, or oth~ person responsible for the overall supervision of this pro]e~t reads, understands, and complies with lthis permitand all its .general,. special, and .al conditions. Any f~i%ure to co~ply the ~erms and ConditiOns of'this in writing, s~l be treated as a Cons~rVation Law. If any of are unclear, the permittee shall of Regulatory Affairs at the address on page one or ~elephone (516) 444-0365. If p~oj~ct design modifications become necessary after permit issuance, the permittee shall submit the appropriate pla~ chan~es for.approval by the Regional Permit AdmInistrator prior to undertaking any such modifications. The permittee ~is advised that substantial modification may require submission of a new application for permit. At least 48 hours prior to commencement of the project, the permittee ahd contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a surVey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years The granting of this permit does not relieve-the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00918/00001-0 Page 5 of 5 William D. Moore Patricia C. Moore MOORE & MOORE Attorneys at Law 315 WestphaIia Road P.O. Box 23 Mattituek, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 Margaret Rulkowski Secxetary September 16, 1994 BY FACSIMILE WITH HARD COPY TO FOLLOW Albert J. Krupski, President Board of Town Trustees Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Mr. K~upski, Board of Trustees: Re: Sandford Friemann SCTM # 1000-117-3-8.4 Permit # 4318 President In confirmation of our conversation with your office staff members, we ask that you schedule us for an appointment on your work session agenda of September 29, 1994 to discuss the above referenced permit and modifications of the permit conditions. Thank you for your cooperation in this matter. PCM/mr ;New York State Department of Environmental Conservation Building 40--SUN¥, Stony Brook, New Yore 11790-2356 Notice Thomas C, Jorling Comm';ssioner As required by law~ the Department of Environmental Conservation hereby providing you 'with notice of an alleged violation of the Environmental Conservation Law which occurred within your municipality. THIS NOTICE DOES NOT REOIZiRE ANY RESPONSE OR ACTION BY YOU. Please be advised that the Department has %uffic~je.nt evidence to commence an enforcement action against ~.~o/ ~g ~/~2~ ffz/~./¢¢~ for a violation of Article(s) 25 and/or 15 of the Env(ronmental Conservation Law of the State Of New York. NOTICE PROVIDED TO: Name: The Honorable Thomas Wickham Address: Supervisor Town of Southold Main Road Southold, NY 11971 NOTICE PROVIDED BY: NetTle: Title: Date: Louis A. Chiarella Regional Manager -Bureau of Marine Habitat Protection iffew York Conservation, Building Notice of Violation Date: May 12, 1994 Thomas C. Jorling Commissioner Addresse: Sanford and Elizabeth Friemann Box 968 Cutchogue, NY 11935 Date of Violation: On or before May 11, 1994 Location of VSolation: R.O.W. off Old H~bor Rd., New Suffokk Permit # (if applicable): 1-4738-00775/0000t-0 Dear : Mr. and Mrs. Friemann ~ax ~ {ap ~,. ~,000-1~ ,-o-8.. Records of this Department indicate that you are in violation of the Environmental Conservation Law (ECL): Article 15, Protection of Waters Section 0505.1 6NyCRR 608 Article 15, Wild, Scenic and Recreational Rivers Act Section 6NYCRR Article 23, Mined Laud Reclamation l_aw Section 6NYCRR Article 24, Freshwater Wetlands Act Section 6NYCRR Article 25. Tidal Wetlands Act Section 0401.1 6NYCRR 661 Article 19. Air Pollution Control Act (Restricted Burning) Section 6NYCRR In that you alleeedlv caused, or permitted to be caused: the demolition of an older, pile supported beach cabana, the installation of a new cabana stmcture, and the installation of a new deck seaward of the bulkhead. All activities were conducted in the adjacem area to a tidal wetland and al/egedly without benefit of DEC permits. Contravention of this/these Art/cie(s) of the ECL is a violation and/or a misdemeanor punishable by a fine of no more than $10-15,000/a day. Penalties may be assessed for each day that the violation continues. Please be farther advised that violations of the ECL which are not resolved may be the subject of an administrative hearing pursuant to Title 6 of the Official Compilation of Codes, Rules & Regulations of the State of New York (6NYCRR, Part~622). You are hereby advised to cease your operation at the referenced location immediately. Please contact the following office within thirty (30) days of receipt of this letter, so that we may attempt to resolve ~s matter. Failure to contact this office within this time period will result in this matter being referred to the Depamnent' s Regional Attorney for further enforcement acuon. To schedule an appointment for a compliance conference in this matter, please contact Ms. Kay Worker at (516) 4d4-0295. Office of Legal Affairs Atto: Kathleen Shea Assistant Regional Attorney Very truly yours, Charles T. Hamilton Regional Supervisor of Natural Resources Stony Brook CC: Regional Attorney Dr. Christopher S. M~le,~/, ACOE ECO Enright. Law Enforcemem Marilyn Peterson, DRA K. Du Bois. BMI-IP Certified Mail NOV# 94KD80 .... [ PARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK. N.Y. 10278-0090 March 2, 1994 EaStern Permits Section SU~BJECT: Application Number 94-01420-L2 by Sandford Friema~ To Whom It May Concern: .The New York District, U.S. Army Corps of Engineers, has received a request for Department-of the Army the following activity: APPLICANT: Sandford.Friemann P.O. Box 968 1-1994 NY 11939 ACTIVITY: / Extend an existing four foot 100 feet and install a 3~-foot ~ ramp, 8 foot by 20 foot floa%'and two dolphins. The purpose of this project is to provide adequate mooring for the applicant's vessel. WATERWAY: Cutchogue Harbor, Great Peconio Bay LOCATION: New Suffolk, Town of Southold, Suffolk County, NY As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current FEderal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of PermissiOn, your review of the enclosed drawings is requested. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. En¢losure ~ Sincerely, C~ef, Eastern Permits Section ® 77e a IF D dlohln~ ¥'xtoo' ~vpo~e~ /7/cTrbor'' 3v¥~otK Co, IOOo ~teos~rv crof/ Old NEW YORK N. Y. State Lic. La~d GAlL S. SHAFFE r SECF~ETARY OF STATE Mr. John H. Geideman P.O. Box 416 Easl Marion, N.Y. 11939 C>q~F~ LE STATE Of NEW YOrK DEPARTMENT OF STATE AlBANY. N.Y. ~2231-0001 February 18. 1994 Re: F-94-063 U.S. Army Corps of Engineers/NY District Perm/t Application Sandford Friemarm Town of Southold Request for Additional Information Dear Mr. Geideman: 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. Please provide a response to the following questions and requests concerning the proposed 125 foot dock extension within State designated shoals,/mudflats tidal wetland and immediately adjacent to Cutchogae Harbor State Significant Coastal Fish & Wildlife Habitat: 1) Submit photographs indicating existing conditions, including the 85 foot catwalk/dock and any similar structures located to the immediate north aaa south: 2) Is pedestrian access along thd beach interrupted by your existing catwalk/dock or neighboring structures? Evaluate whether stairs or a ramp, attached to the sides of your catwalk, would be appropriate as a means to afford public lateral access along the intertidal area. 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) 474-6000 if you have any questions. Kevin D. Vienneau Coastal Resources Specialist KDV/jtb cc: COE/NY District - Sophie Ettinger NYS DEC/Region 1 - David DeRidder Town of Southold - Valerie Scopaz ~T h4E~~ 5UF FOLi4. ~WF~ ~ ~Ti4OLD N.Y, SCALE-40: ~ (TO. TI_E. LIRE 5UFF,, CO,T,~.~4 b~,AP DA.TA: CCJ~qTEED TO T~.X~', TITLE _!i',4~dtTj(k?¢6_. ur ,x. ,, ~.,,,~, ~ C-.~EE ~-4~O tiT, N~. 0 C 0 New York State Department of~ Environmental Conservation Based on the information you have submitted, the New York State Department of Environmental Co~n~rvation has detarmined that: ~/~ Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRRPart 661) no permit is required under the Tidal Wetlands Act Please be advised, however, tha~ no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale ber~. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. CC: Very truly yours, Deputy Regional P<+it Admi~i%trator TRUSTEES John M. Bredemeyer. IH. President Albe~t J. Krupski. Jr., Vice Presioem Henry E Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PER14IT APPLICATION TOWN'WETLANDS PERMIT APPLtCATION TRUSTEE LANDS PERMIT APPLICATION SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road SO. Box 1179 Southold. New York 11971 Office Use Only: Coastal Erosion Permit Application ~etland Permit Application' ' / ----~i~~_~~.~~~l --Waiver from Chapter'97 --Trustee Lands Permit Application Grandfather 7Completed Apps. Date: ~ ~ Z~AC comments-Date: Sent~ec.~o%~ Variance Required, Neighbors notified Date, ~ ~O~7~L2 SEQRA ype - Coord. Review-6pt~,mand. ~nsp. comp./date:~- I~' SEQRA Determin,/date: ~Pubtic Hearing/date:~ Findings: Permit Vote: {Y/N): Special Conditions: {also see file) Application Number; SCTM $1000- Project Name (If any) Date Prepared: ~ ,/~ Applicant: ~--~k~ ~ ' . · Phone ( Interest: Owner of Address (owner, consultant,lessee,etc.) Phone Subject Property Location: (Provide LILCO Pole 9, Distance to cross Streets if not on location map) Page 1 Yds. to be excavated: ~ Yds. to be filled: ~ Manner in which material will be removed or deposited: Width of canal, creek or bay frDnting property: /~/~ ~ Depth at low tide: Aver. rise in tide: ~ Distance to nearest channeL: ~!~ Distance project extends beyond similar projects in area: ~ Area zoning: ~z~ Land area in acres: -~/~ Is project for private or business use:. ,~f/k,J/~ Intended use of property: /~r/J~/~ Describe known prior operations conducted on premises: Has any prior license or permit been issued to erect structures, dredge, or deposit ~ill on said premises: )n.,,~, Has any license or permit ever been revoked or suspended by a Governmental A~ency: Project Description The pro~ect description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (~.e., pipeline and septic system; make additional attachments if necessary). Authorization (Where the applicant ms not the owner) I residing at (Print-owner of subjec~ property) (Mailin9 address-phone) do hereby authorize to apply for Coastal Erosion permit(s) from the Southotd Town Trustees Signature THIS IS NOT A, PERMIT Page 2 County of Suffolk ) State of New York ) HE~ ~ APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN 1~ TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO_ HOLD THE TOWN OF SOUTHOLD AND'THE TOWN TRUSTEES HARMLESS AND FREE FROMANY AND ALL DAS~AGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(s) OR REPRESENTATIVE(si, TO ENTER ONTO MY ~ROPERT~ TO INSPECT THE PREMISES IN CONJUNCTION WtTH i%EVIEW OF THIS APPLICATION. swo TO BEFORE '? ,i997 PUBLIC JOYCE I~ WlLKINS I~k)tary Publi(% ~ateof New YoI~ - No. 4952246, Suffo~ Coufl~.- ~: : Term Expire~Ju~12~ I~,~~ Suggested space for location Map THIS IS NOT A PERMIT Page 3 · *, [" P~JECT I.D, NUMBER SEQI~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 3ART 1--pROJECT INFORMATION CEo be corr aleted bY ADolicant or Project sponsor) 2. PROJECT NAME ' Municipality County 4. PRECISE LOCATION (Street address ~,nd road intersections, orornment lanamarks, etc.. or Drovlc~e mapl 5. IS PROPOSED ACTION: ~r New [] Ex~nsion 7. AMOUNT OF LAND AFFECTED; 8. WILL PROPOSED ~ACTiON COMPLY WiTH EXISTING ZONING OR OTHER EXIST{NG LAND USE RESTRICTIONS? 'J~'Re$1de ntial [] !ndustrial ~] Commercial [~]ParklFores~O~en s~ace ]'--~Other Yes ~HO If yes, list agency ~ame and PermitlaoDroval 12. AS A RESULT OF PROPOSED ACT!ON WILL ~XISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~]Yes E]No CERTIFY THAT THE iNFORMATION PROVtDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~f the actio~ is in the Coastal Area, and you are a state agency, complete the L Coastal Assessment Form before proceeding with this assessment OVER 1 COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: fAnswers may be nanawreten, il feq~ole) ' [] Yes [] NO If Yes. explain briefly PART III--DETERMINATION OF SIGNIFICANCE (To be cemmleted by Agency) Check this box if you h~ve identified one or more DOteR~J8lJy large or s~gnificant adverse impacts whio~ MAY occur. Then proceed directly to the FULL EAr anezor prepare a positive declaration. Check this box f you have determined based dc the information and analysis above snd ~ny supporting documentation, [~=~ the proposed act/on.WILL NOT result in any significant adverse env~ro~ mental impacts (516) 477-242! Marine JOHN H. GEIDEMAN ~onsult~g Engineer P.O. Box 416 E. Marion, L. 1. New York 11939 To Whom It May Concern~ ~:-John H. Geideman to ant a,~ my agent in app~ing on my property at ,d/~ ~Ef ~F~ - ~ ~tlthor ] ze for permits Includlng:~rN.]f.S Dept. of Environmental Conservstion U. s. Arm,r Corps of Engineers Town of ~0 0~0~ .v* ,kI.Y. £'~fe L,'c. L.o,,d 3c, rv'eyor , !