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HomeMy WebLinkAboutVANHEERTON, RONALD L New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 ULii JAN E 51995 Notice Thomas C. Jorling Commissioner As required by law, the Department of Environmental Conservation is hereby providing you with notice of an alleged violation of the Environmental Conservation Law which occurred within your municipality. THIS NOTICE DOES NOT REQUIRE ANY RESPONSE OR ACTION BY YOU. Please be advised that the Department has sufficient evidence to commence an enforcement aCtiOn against {k~ a c~\ ~ Vc~ ~-~ ~c ~,~>'v~ _ for a violation of Article(s) 25 and/or 15 of the Environmental Conservation Law of the State Of New York. NOTICE PROVIDED TO: Name: The Honorable Albert Krupski, Jr. Address: President, Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971-0959 NOTICE PROVIDED BY: Name: Title: Date: Louis A. Chiarella ' Regional Manager - Bureau of Marine Habitat Protection New York State Department of Environmental Conservation Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone (516) 444-0295 Fax # (516) 444-0373 Langdon Marsh Commissioner Notice of Violation January 18, 1995 Dr. and Mrs. Ronald Van Heertum Mr. Raymond Hartman Six Three Gables Rd. North Ray Realty Corp. Morristown. NJ 07960 1344 Wm. Floyd Parkway Shirley, NY 11967-0655 Date of Violation: on or before January 17, 1995 Location of Violation:Lot 13, Wolf Pit Pond Estates, Mattituck Tax Map ID # 1000-107-4-2.12 Permit # (if applicable) 1-4738-00777\00001-0 Letter of No Jurisdiction Dear Dr. and Mrs. Van Heermm: Records of this Department indicate that you are in violation of the Environmental Conservation Law (ECL): I I --1 __1 Article 15, Protection of Waters Section 6NYCRR Article 15, Wild, Scenic and Recreational Rivers Act Section 6NYCRR Article 23, Mined Land Reclamation Law Section 6NYCRR Article 24, Fresh~vater Wetlands Act Section 6NYCRR Article 25, Tidal Wetlands Act Section 25-0401.1 6NYCRR Part 661 Article 19, Air Pollution Control Act (Restricted Burning) Section 6NYCRR In that you caused, or permitted to be caused: non-compliance with the letter of no jurisdiction #1-4738-00777/00001-0 in that the area seaward of the 10' elevation contour (approx 9500 sq. ft.) was clear cut. All work was done in the area adjacent to a regulated tidal wetland without the necessary NYSDEC permit. Contravention of this/these Article(s) of the ECL is a violation and/or a misdemeanor punishable by a fine of no more than/a day. Penalties may be assessed for each day that the violation continues. Please be further advised t~hat violations of the ECL which are not resolved may be the subject of an administrative hearing pursuant to Tkle 6 of the Official Compilation of Codes, Rules & Re=o, alations 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 this matter. Failure to contact this office within this time period will result in this matter being refexed to the Department's Regional Attorney for further enforcement action. To schedule an appointment for a compliance conference in this matter, please contact Ms. Kay Worker at (516) 444-0295. Compliance conferences will be held with Mr. Louis Chiarella, Regional Manager of the Bureau of Marine Habitat Protection. Office of Legal Affairs Attn: Gail Hintz Assistant Regional Attorney CC: Regional Attorney Dr. Christopher S. Mallery, ACOE ECO Enright Certified Mail # Very truly yours, Charles T. Hamilton Regional Supervisor of Natural Resources Stony Brook NOV# #95LC04 J JJ ~' ~ ,:' -; ,~:z:'&/,~-;S Board Of $outhold Town Trustees SOUTHOLD, NEW YORK DATE: ..5J.25/.95 .... ISSUED TO .... .R....O..NAD ..L.. VAN HEERT.O~ ............................................... 3ml'horizalion Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southoid Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND .ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 5/2.5/.c~5 ...... 19.....~., and in consideration of the sum of $ . .]3 0 ,. .C) 0. paid by ........ ROB_I. rS!~,..D...L...~AIS....~-!~E..,R_~.O.~. ......................................................................... of ......... Ma.t.titTack ...................................................... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: To clear land of underbrush and re-vegetate area fron the 6' elevated contour to the 10' elevation contour with native non- fertilized, salt tolerant species, as per DEC recommendations dated 3/2/95 Wolf Pit Pond Estates all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents ~o be subscribed by a majority of the said Board as of +his dat, e. Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 26, 1995, Philip J. Cardinale P.O. Box 2021 Jamesport, NY 11947-2021 Re: RONALD L. VAN HEERTON SCTM ~107-4-2.12 Dear Mr. Cardinale, The following action was taken by the Board of Town Trustees during its regular meeting held on May 25, 1995 regarding the above matter: WHEREAS, Alexander Harvey, II, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of $outhold, application dated Jan. 17, 1995, 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 May 25, 1995, 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 structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, which will be listed on a separate page, 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 the Board of Trustees approves the application of Philip J. Cardinale on behalf of RONALD VAN HEERTON, to clear land of underbrush and re-vegetate area from the 6' elevated contour to the 10' elevation contour with native non-fertilized, salt tolerant species, as per DEC recommendations dated 3/2/95. Located: Wolf Pit Pond Estates, Mattituck. Permit to construct project 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 required 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 AJK/djh cc. CAC Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New YOrk 11971 _ SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL TO: FROM: DATED: RE: Southold Town Board of Trustees Southold Town Conservation Advisory Council February 1[~, 1995 Amendment of Recommendations No. 1217 Moved by Stephen Angell, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of' 'Trustees DISAPPROVAL of the Wetland Application of MICHAEL KELLY 79-1-:3 to construct 75 +/- I.f. of timber retaining wall with (2) 8' returns. Approximately 50 c.y. of screened, clean sand to be trucked in and used as backfill. The CAC recommends disapproval of the submitted plan and has an alternate plan. The Council would like a nsoft solution" to allow the natural .... process to develope. Applicant should regrade and plant below the mean high water with spar'tina alterniflora and above the mean high water with spartina patens. The CAC suggests the Trustees waive the fee for the alternate soft solution. 580 Goose Creek Lane, Southold - Vote of Council: Ayes: Stephen Angell, Jack Hagerty, Allan Connell, Betty Wells Nays: Patricia Isaksen, Robert Keith Motion carried. No. 1220 Moved by Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of RONALD L. Van HEERTUM .107-/~-2..12 to clear the underbrush from the beach area. (Issued violation for work) The Council recommends approval provided the applicant install a berm landward around the 10' contour line to prevent runoff from the upland site. The berm should extend easterly to the 13E contour line to prevent runoff from flowing around the ends of the berm. A 75~ buffer area should be replanted with native vegetation. Wolf Pit Pond Estates, Mattituck .... Vote of 'Council: Ayes:. All Motion carried. Meeting of 1/23i95 Moved by Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of RONALD L. Van HEERTUM 107-~-2.12 to clear the underbrush from the beach area. (Issued violation for work) The Council recommends approval' provided the a iican landward around the 10~ cont .... - ..... P~ t Install a v~, ,,,,= ~u ~revent runoff from the upland berm site. The berm should extend easterly t° the 13 contour lffne to prevent ~Unoff from around the ends of the berm. A 75~ buffer area should be replanted with native vegetation. Wolf Pit Pond Estates, Mattituck Vote of Council: Ayes: All Motion carried. No. 1221 Moved by Robert Keith, seconded by Stephen Angell, it was 'RESOLVED to recommend to the Southold Town Board of Trustees APPROVALof the Wetland Application of FREDERIC ENDEMANN 117-5-23 to remove and dispose of two feet of silt around ten slips for maintenance of marina. Remove five pilings on the north side of property bulkheading and replace with four pilings. Construct return at end of existing bulkheading. Plantings as per proposal from Soil Conservation Service. 840 Old Harbor Road, New Suffolk Vote of Council: Ayes: All Motion carried. No. 1222 Moved by Allan Connell, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of PORT OF EGYPT ENTERPRISES, INC. 56-6-tt S 6.1 to construct new accessory swimm|ng pool, terrace and decks. Alteration of existing building for cabana use. Installation of sub-surface sanitary system for cabana and drywells for swimming pool filter waste water. Construction of access sidewalks. Main 'Road, Southold Vote of Council: Ayes: All Motion carried. No. 1223 Moved by Stephen Angell, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of KEN MORELLY 55-7-~ to construct a /~5' x 6' dock; an 18' x 5' and I 12' x /~' float; a 3'x 10' ramp. 1735 Long Creek Drive, Southold 'Vote of Council: Ayes: Ail Motion carried. "Albert~ J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Office Use Only Coastal Erosion Permit Application ~ Wetland Permit Application Grandfather Permit Application Trustee Lands Permit Application Waiver ~Received Applicatipn:,i.~L~ /Clerical Review: t/~7/fj~, ~-~Completed Applica{io~ ~17/~'''~ · Incomplete SEQRA Classification: Type I Type II Unlisted_~ ~oordination:(~ate ~nt)~ ~C~AC Referral Sent: L/~Date of Inspection: Receipt of CAC Report:(da%~) Lead Agency Determination: ~'~chnical Review: (date [ 'Public Hearing:(date) Decision: Approved (Y/NI (~ate) ~pplication Fee:$/0~d. UU JAN. i 7 1995 Name of Applicant Address Number: ( ~o~ ) -~3 ~ --~ ~: Suffolk County Tax Map Number: 1000 - Property Location: ~01¢ ~4- ~.~ g,+-z{~e~ ~ (provide LILCO Pole ~, distance to cross streets, and location) Agent: ~9e _ To.v~ '-f~ho.~ F&c.~ ~. ~E cage (If applicable) Board of Trustees Applica.~on GENERAL DATA Land Area (in square feet): ~-~- ~,~4~_ Area Zoning: ~-~.~ Previous use of property: Intended use of property: Prior permitS/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/apprOval ever been revoked or suspended by a governmental agency? .~ No Yes If.yes, provide explanation: Project Description (use attachments if necessary): Board of Trustees Appli~ aion County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FORT HE 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 SOUTh{OLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANYAND 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 PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. swo TO BEFORE THIS Signature DAY OF ~ Board of Trustees Applica _on WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: %- % ~ square feet Percent coverage of lot: Closest distance between nearest existing structure and upland edge of wetlands: %7~ feet Closest distance between nearest proposed structure and upland edge of wetlands: < 7~ feet Does the project involve excavation or filling? ~ No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: ~ Manner in which material will be removed or deposited: Statement of the effect, if any, on ~he wetlands and tidal waters of the town that may result by reason os such proposed operations (use attachments if appropriate): 14-t6-4 12f873--Text 12 i-' PROJECT I.D. NUMBER 617.21 ~ ' ~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME ~ -5,~ FORM SEQ; 3. PROJECT LOCATION: Municipality ~ c' ~,~'-t~i:. ~ [~ County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; initially ~ ~--- acres Ultimately ~..~_.~ '~'Y~L.~_ acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~-~e$idential [] !nd ustrial [] Commercial [] Agriculture Describe: [] Park/Forest/Peen space' [] Other .~10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals 11 . DOES ANY ASPECT OF THE ACTIOI,~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. [] Yes ~'No If yes, list agency name and permit/approval AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the j Coastal Assessment Form before proceeding with this a.~.s, essment OVER' 1 PART II--ENVIRONMENTAL ASSE~ "~{ENT (7'0 be completed by Agency) A. DOES ACTION D ANY TYPE I THmcSHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review ~)rocess and use t,he FULL [] Yes Eh_J No ' B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVII~[D FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency. [~] Yes ~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or"groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangerea species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induceo by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identifiecJ in C1-C57 Explain briefly. C7. Other impacts (inclUding changes 'n use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes l~'q~lo If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determ}ne whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occt~'..lng; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive'declaration. ~'Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in. Any significant adVerse environmental impacts AND provide on attachments as necessary, the reasons suppo~:ting this determination: Print or ype Name or Kespons~ble Officer m Lead Agency S~gnature of Responsible Oi'flcer ~rl Lead Agency Name of Lead Agency Date. litle of Responsible Officer Signature ct Prepare~ ill d~rferent from responsible officer) 2 0 U3 {Z: -J X 7(~(~/~/ ~-~0 ~-'0~ I,~0o 6 'S 'C 0 0 O0 ~.~\0 BUFF EI~ ,p=z _ CF~EEK 22.