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Home My WebLink AboutTR-4803Albert J. Krupstd, President John Holzapfet, Vice President Jim King Mamn H. Go,well Peter Wenczet BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box t 179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Office Use Only __Co~stai Eroszon permit AppliCation ~Wetland Permit Application __Grandfather Permit Application Waiver/Amen~dI~,,ent/Ch~nge~ ~-~eceived App!ica~ion: ~eceived Fee:$~'~ --~ ~-~Comp leted Application Incomplete SEQRA Classification: T!rpe I .Type II Unlisted Coordination:(date se~t). CAC Referral Sent: 9/.~/~ ~.~-- ate .... of inspection:~ Recezp~ or CAC Report: Lead Agency Determination: Technical Review: ~Pubiic Hearing Held:~ Resolution: Name of App!icantJoan Techet/Deborah Penney Address P.O. Box 933, Mattituck, NY 11952 Phone Number:(516 ) 298-8273 Suffolk County Tax Map Number: 1000 - ~44-5-26 ~/~- ~---~ Property Location: Sailors Needle Lane, Salt Lake Vlq, Mattituck (provide LILCO Pole ~, distance to cross streets, and location) AGENT: En-Consultants, Inc. (If applicable) Address: 1329 North Sea Road Southampton, NY 11968 Phone: 516/283-6360 FAX%: ~ 'ard of Trustees Applicati GENERAL DATA Land Area (in square feet): 13,940± Area Zoning': R-40 Previous use of property: one family dwelling Intended use of property: no change. Prior permits/approvals for site improvements: Agency 'Date Southold wetlands %197 NYSDEC TW #10-84-1344 COE %13531 for dcok No prior permits/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 Has any permit/approval ever been revoked or suspended by a governmental agency?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 attachments if necessary): See attached Project DescriDtion Remove and relocate +/-8' westward, and existing fixed timber dock, consisting of a 8' x 5' x 5.5' platform; a 2.5' x 12' aluminum ramp; a 5' x 22' float; and (5) 8" diameter pilings. Deck is being moved to 50% division line between subject properties, as per stipulation of settlement ordered by the Supreme Court of the State of New York, County of Suffolk, Index ~92-16775. 'Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: See attached project description. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest dista//ce between nearest existing structure and upland edge of wetlands: n/a feet Closest distance between nearest proposed structure and upland edge of wetlands: n/a feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? How much material will be filled? n/a Depth of which material will be removed or deposited:n/a feet Proposed slope throughout the area of operations: n/a Manner in which material will be removed or deposited: n/a n/a cubic yards cubic yards Statement of the effect, if any, on the wetlands and tidal wa~ers of the town that may result by reason of such proposed operations (use attachments if appropriate): The project consists only of an 8' westward relocation of an existing dock. There will be no effect on the tidal waters of the Town. 14-16-4 (2187)--Text 12 PROJECT I.D. NUMBER 61 7.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 . APPLICANT/SPONSOR J-O~q'~_~I~.T./D]~BO]~PEN~¥ ~ 2. PROJECT NAME by EN-CONSULTANTS, ]NC. 3. PROJECT LOCATION: Municipality MATTITUCI~ County SUFFOLK SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SA1LOR'S NEEDLE LANE, SALT LAKE VILLAGE,MATTITUCK, N.Y. SCTM# 1000-144-5-26 5. IS PROPOSED ACTION: [] New [] Expansion I'--I M odifica tion/alte ratio n 6. DESCRIBE PROJECT BRIEFLY: 3EE ATTACHED 7. AMOUNT OF LAND AFFECTED: Initially .32 acres Ultimately .32 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? []Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: [] Agriculture ]Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? []No Eyes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval DOS, COE, TOWN OF SOUTHOLD 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT/~.E~NFORMATION PROVIDED ABOVE Applicant/sponsor name' ROY L.~-P~ID~ Signature: ' k~ ~ /~1~'~ IS TRUE TO THE BEST OF MY KNOWLEDGE Date: AUG. 7, 1997 If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER : I /4H~4 = :z'-& " ~oard of Trustees Application AUT~ORI ZATI ON (where the applicant is not the owner) (print owner of property) residing at '~.0. ~'~ q~ (mailing address) /~ ~! F~L~) ~.~ ~. i/~ do hereby authorize ( Agent ) ~, d0~SLg/~i/~,~~ff- to apply for ps,mit(s) from the Southold Board of Town Trustees on my behalf. (Owner' s signature) ~Board of Trustees ~plicatm~on County of Suffolk State of New York ~0~'~ ~ ~-~-~- ~ BEING DULY SWORN DEPOSES AFFIRMS THaT HE IS THE PLICXNT FOR DESCRIBED P~iT(S) ~ ~~ STA~S CO~AINED~H~IN ~ EUE TO ~E BEST OF HIS/~O~GE ~ BELI~, ~ ~T ~L WO~ WILL BE DO~ IN ~E ~E SET FOR~ IN ~S ~PLICATION ~D AS ~Y BE APPRO~D BY ~ SO~OLn TO~ BO~ OF EUSEES. ~E ~PLIC~ AG~ES TO HOLD ~ ~ OF SO~O~ ~ ~ ~ ~USTEES H~ESS ?~ F~E FRO~i~Y ~ ~L D~GES ~.~ C~F~ ~ISING ~ OR BY ~R~E OF SAID P~IT(S), IF G~TED. IN CO~LETING ~iS ~PLICATION, I H~EBY A~ORIZE ~ TRUSTEES, T~IR AG~T(S) OR ~P~S~ATI~S(S), TO ~ 0~0 ~ PROP~ TO INSPECT EE P~ISES IN CONJ~CTION ~E ~ OF EIS APPLICATION. SWORN TO BEFORE ME THIS Notary P~b!ic ENVIRONMENTAL SERVICES EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 FAX NO. 516-283-6360 516-283-6136 TO WHOM IT MAY CONCERN: This letter will authorize Eh-COnsultants, Incorporated, to apply for permits on my behalf. -- glgnature ~ Dated: Board of Trustees Applicati°n County of Suffolk State of New York ~~~D.i~Y-~~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS TEE APPLICANT FOR T15E ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED ~PIEREIN ARE TRUE TO THE BEST OF HIS/HER K~OWLEDGE AND BELIE~, AND T~tAT ALL WORK WILL BE DONE iN THE MANNER SET FORTH IN THIS APPLICATION ~'D AS ~AY ~E APPF. O%rF~ BY ~ SOL.m2~_OLD TOWN BOA_RD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN' OF SOUTHOLD AND T~E TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES A~D CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HE~RRY AUTEORIZE THE TRUSTEES, THEIR AGENT ( S ) OR REPRESENTATIVES ( S ), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION . Signature ~ SWORN TO BEFORE ME THIS Notary Public NlOml'y Pulgl~ 8nil ol N~ York 4908712 ~.ommb~m EqMn~ Oc~. ~Jg, 10 A / Adjacent Owners To east: James Neefus Paradise Point Southold, N.Y. 11971 To west: Sheila, George, & Rosemary McDermott Dennis Buckley 366 stewart Ave., C7 Garden city, N.Y. 11530 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: PS Form $800, April 1995 ~66~ i!Jdv '0D~: tmo-t Sd STATE OF NEW 'fORK COLFNTY OF SUFFOLK doing.~us~ness ~y ~. ~je , ~=a~g at: 1329 North Sea Road, Southampton, NY 11968 , being duly sworn, deposes and says tha~ on the 19 day of August ,19 97 , deponent mailed a true copy of the Notice set forth in the Board'of Tr~s~ees Appiica~ion, directed to each of the ~hove named persons a~ 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 Southo!d; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were mailed to each of said persons by (~ertified) (registered) mai!. ~ /~/~ Sworn to before me this ~orary Public GA1 ~a'RATTON l~ota~ public, State of New York NC~. 4772055 Qualified in Suffolk Cou~ C~m~ ~ir~ July Albert 1. Kmpski, President John Holzapfel, Vice President Jim King 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 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~ H~f~44~ , residing at ~A]- ~W~uL~F~! /~J~.~ being duly sworn, depose and say: ~7 ~at on the /g ~ day of ~F. , ~ I per~onall~ Bosted the by placing the Board of Trustees official poster ~here it can easily be seen, ~d that I have checked to be sure the poster has r~ain~ ~ place for se~en days ~rior t~ the date of ~ p~l~%hearing. (da~e of heari~ note~ thereo~ to be hel~ Dated: Sworn to before me this ~ ~day of Not~g¥ Public Albe~ J. KmpskJ, President~' John Holzapfel, Vice l~esident Jim King Maffin H. Garrell Peter Wenczel Town Hail 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 ~ D ~OAR OF TRUSTEES: TOWN OF SOUT~OLD Tn the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING bein~ duly sworn, depose and say: ' ~ ~ the That on the [~ day of ~. ~ 19.9 ~, I ~rsonally posted by Placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of ~ p~lic hearing. {date of hearing noted thereon to be held Sworn to before me this /~P~-day of ~5~J~ 1997 No~, ry Public / PROOF OF MAILING OF NOTICE ATTACH CERT!FIF.~ MAIL RECEIPTS Name: Address: James Neefus Paradise Point Southold, NY 11971 Sheila, George & Rosemary 366 Stewart Ave., C7 McDermott & Dennis Buckley Garden City, NY 11530 STATE OF NEW COUNTY OF SUFFOLK Roy L. Haje doin. g~.busi~?ss at , ~z~3~u3x=~ 1329 North Sea Road, .q~u~h~mpton. NY 11968 , being duly sworn, deposes and says that on the 14 day of November ,1997 , deponent mailed a true copy of the Notice set forth in the Board of Trumtees 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- Southampton ____, that ~id Notices were mailed to each of said persons by (cerr_%fied)/(registered) Sworn to before me this /~ / Qualified in Suffolk County / Notary Puhii~ Commisd, on F.~.ires July 31, 19~'''~ 2290 CUSTOMER USE ONLY E~CPRESS .M/~IL CUSTOMER USE ONLY FOR PICKUP OR TRACKING CAI I '~,Rnn~n'~'r~ Albert $. Kmpski, President John Holzapfel, Vice President Jim King 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 November 19, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD En-Consu!tants Inc. Roy Haje 1329 North Sea Road Southampton NY 11968 RE: JOAN' TECHET & DEBORAH PENNEY SCTM $144-5-26 & 144-5-11 Dear Mr. Haje, The following action was taken at the Southold Town Board of Trustees meeting on November 18, 1997: RESOLVED, that the Southold Town Board of Trustees approve the request for an Amendment to Permit $4803 to move the ~ock westward 8 feet as opposed to the platfozm being moved 2 feet baSed on all the information collected and the standards set forth in Chapter 97 of the Town Code, and after having visited the site twice, the Boards feels this will not have an environmental impact or pose a navigational problem and that the size of the boats at the dock should be limited to the f~rthest seaward part of the floating dock. However, this does not constitute approval from any other agencies. If you have any questions, please call our office at 765-1892. Sincerely~ Sincerely, Albert J. · President, Board of Trustees. AJK/djh 516726~6 ll/17/I~? 1B:42 5]B726474B Z~LUSKI PAGE PETITION Novemlx. t 8, 199'/ We thc und~signe, d residents of Salt Lake Village, Mattituclg support Deborah Penney and Joan Tcchet in moving their floating dock to thc dividing pro~rty line at the 50% mark of thc bulkhead, located to the South of Lot 9. Wc arc aware fliat this proposal has already been approved by thc DEC and th~ lhcy arc now applyin8 to the town for I~rmits. Wc bclievc lhat therc wiR not bc any navigational hazar~ in the boat basin due to this. We fully suppoR them in their reloc,~ion of this floating dock. NAME ADDRESS November 8, 1997 We the undersigned residents of Salt Lake Village, MattRuck, support Deborah Penney and .loan Techet in moving their floating dock to the dividing property' line at the 50% mink of the bulkhead, located to the South of Lot 9. We are aware that this proposal has alxeady been, :aproved by the DEC and that they ate now applyLug to the town for permits. We believe 'that there will not be any navigational hazards in the boat basin due to this. We fully support them in their relocation of this floating dock. NAME ADDKES$ Nov. 14,1997 5430 Lakside Drive Lake Wales, FL 33853-8812 Phone & Fax, 941-439-2618 Ref. Your Dock Mr. & Mrs. Steven Zaluski, I have no objection to the moving of your floating finger dock from it's present position to a point at 50% of the total fixed dock length, nor do I consider this new position to be a hazard to any navigation. Very truly yours, William B. Warner Owner of 525 Old Salt Rd. Mattituck, NY 11952 Telephone (516) 765-1801 Town Hail. 5309.5 Main Road P.O. Box 1179 SoutAold, New York 11971 SOUT~tOLD TOWN CONSERV.&TION kDVISORY COIANCIL The following recommendation was made at the meeting of the $outhold Town Conservation Advisory Council held Thursday, November 13, 1997: A-118 The CAC has NO RECOMMENDATION concerning the Amendment to Permit Request of JOAN TECHET AND DEBORAH PENNEY 1~-5-26 and 1~4-5-11 to move the whole dock 8' to the west Sailors Needle Lane, Salt Lake Village. Mattituck The Council has no recommendation; this appears to be a legal matter. OF $OUiHOL October 28, 1997 Board of Trustees Town of Southold Town Hall Main Road Southold, New York 11971 Attention: A1 Krupski, President Dear Mr. Krupski: According to a news article in the October 23, 1997 Suffolk Times newspaper the dispute between Joan R. Techet~ a/k/a Joan Richards Techet.as plaintiff against Deborah Penney, who were in litigation over a triangular platform located in the Salt Lake Village community area on the west side of James Creek, has not ended. As you know, this matter was fully explored by the Board of Trustees in an open hearing where the Board courteously listened to all parties to the dispute and considered their decision and we might add that the Board conscientiously personally visited the site where this took place and then rendered its decision on the record in an open forum. The Board of Trustees indicated that the floating dock would not be moved but the upper platform could be moved two (2) feet because of insurance purposes. An attempt has apparently been made, according to the newspaper article, by the parties to the litigation in Supreme Court to revisit the well-considered determination of the Board of Trustees and I don't know if they pointed this out but my recollection is that everybody was asked if they agreed and approved of the determination of the Board of Trustees and it was placed on the record that they agreed with what the Board's determination was. My concern is a very serious one--that when a party has engaged their own attorney and they had their own engineering expert there and all agreed and approved the determination made by the Board, the question is raised as to when is enough enough? We see no reason why the Board of Trustees, who conscientiously studied this problem and came to their decision and got the full approval of all the parties, including the signer of this letter, should not TOWN___.__OF SOUTHOLDf EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-253-6360 FAX NO. 516-283-6136 October 10, 1997 Mr. Albert Krupski Town of Southold Trustees 53095 Main Road Southold, NY 11971 RE: JOAN TECHET & DEBORAH PENNEY Dear Al: I prepared a revised drawing depicting the dock configuration proposed by the Board at your September meeting: After forwarding the plan to both the Techets and the Penneys, both parties indicated their disapproval of the plan. The Techets are especially dissatisfied with the outcome of the meeting, as they believe the substantive purpose of the application was not properly conveyed to the Board during the public hearing. Although a more comprehensive explanation of the project purpose will be offered the next time that the Board treats the application, I will briefly summarize it here for your reference. Based on the Trustees' comments during the public hearing, I inferred that the Board believed that the proposal was an amicable agreement between the two applicants to share a dock. Not surprisingly, therefore, the Board seemed confused as to why the dock could not be shared at its present location. It was explained to the Board that the dock could not be shared at its present location because the Techets' liability would be mitigated if the dock physically extended from both properties. Thus, your decision to move the deck only appeared to be a reasonable solution at the time. I have since learned, however, that the reasons for moving the dock were more substantial than indicated at the hearing. The lawsuit was initially brought by the Techets againgt Penney to obtain a court.order which would prohibit Penney from using the Techet dock altogether. The stipulation of settlement indicates that the Techets will drop this lawsuit if the dock is moved to the 50% division line between the two properties, because the Techets would then regain full enjoyment of the riparian rights associated with their _+47 linear feet of waterfront property. Specifically, the Techets would like to dock two small boats (one along the floating dock and one along the bulkhead), and their ability to do so is eliminated bythe dock's present location. Therefore, the applicants respec-'d~alty request that the Beard reconsider their decision to allow the relocation of the dock eight feet to the west. As relocating the dock would not cause any adverse environmental impacts nor create a navigational hazard, we expect that the Board can grant approval for the project. A copy of the NYSDEC Tidal Wetlands Permit ~ssued for the project is enclosed herewith. Please advise me at your earliest converfience whether the project can be addressed at a work session or ff a new public hearing needs to be scheduled. Thank you in advance for your anticipated cooperation. Respectfully yo%s, Robert E. Herrmann Coastal Management Specialist Enclosure cc: Joan Techet Deborah Penney Stephen Angel, Esq. iDEc ;RMIT NUMBER 1'47'58-01715/00001 FACILITY/PROGRAM .UMBER<S> TWB~-I NEW YORK STATE DEPARTMENT OF ENvirONMENTAL CONSERVATION PERMIT Under the Environmental Conservation Law EFFEctiVE DATE September 25~ 1997 EXPIRATION DATE(S) September 30, 2000 r TYPE OF PERMIT · New [] Renewal [] Modification rq Permit to Construct [] Permit to Operate I [] [] [] [] Article 15, Title 5: Protection of Watera Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island We[ts Article 15, Title 27: Wild, ~cenic and Recreational Rivers Other: [] 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Joan Techet and Deborah Penney ADDRESS OF PERMITTEE P.O. Box 933 Mattituck, NY 11952 , CONTACT PERSON FOR PERMITTED WORK Roy Haje - EnConsultants, Inc. 1329 North Sea Road, Southampton NY 11968 TELEPHONE NUMBER (516) 298-8273 TELEPHONE NUMBER (516) 283-6360 NAME AND ADDRESS OF PROJECT/FACILITY Techet/Penney Property 1 Sailor's Needle Lane LOCATION OF PROJECT/FACILITY Mattituck COUNTY Suffolk TDWN Southo[d I WATERCOURSE I NYTM COORDINATES James Creek DESCRIPTION OF AUTHORIZED ACTIVITY Remove and rep[ace 8 ft. westward of existing location an 8~ x 5~ x 5.5~ triangular platform, ramp, float and 6 pilings. All work shall be in accordance with the attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, att applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. DEPUTY REGIONAL PERMIT ADMINISTRA- TOR: George W. Hammarth DMG ADDRESS Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE September 25, 1997 Page 1 of 5 u :0 q EN-CONSULTANTS 1329 NORTH SEA RD, SOUTHAMPTON N.Y. 119~% ~16-283-6~t60 P£MNE'T' oaf "l'lqd/-.lT- ~451M OP-P JPr~£5 C-P. EEK , NIOTIT'UEK/ 5FFFN. K I~ Salt Lake Association, ]nc. Lake Village, Box ~, Mattituck, N. Y. 11952 Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO..~,~...~.~ ..... DATE: ... ISSUED TO ................... ~T.Q~ ~....&'.~.G~.]~.~... ~... :D.E.B.C)~..~...P.~ ~.N.E~ ........ Authorizalio Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Che. pter 404 of the Laws of the 5fate of New York 1952; and the Southeld Town Ordinance en- titled "REGULATIN~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATER5 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 19.97. ..... and in consideration of the sum of $..15Q.,..OQ ..... paid by · En=Cons. ul~ants, l..Inc ........ ~or.. ~.,.. ~.E. GHE~....~...Di,.....~..N.~..E.~.~. ........ of ..... Ma~.tit~c!¢ ........................................................ N. Y. and subject to the Terms and Conditions listed on the reverse s~de hereof, of Southold Town Trustees authorizes and permits the following:' Permit to remove & relocate 2 feet westward, of exist. platform. Float & boat remain in same location, ramp to lengthened as needed. 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 to be subscribed by a majority of the said Board as of this dar, e, ..... .............................. Albert $. Kmpski, President John Hohapfel, Vice President Jim K/rig Martin H. Gan'ell Peter Wenczel September 29, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD : Town Hall 53095 Main Road P.O. Box 1179 Southold, New YoIk 11971 Telephone (516) 765-1892 Fax (516) 765-1823 En-Consultants Inc. Roy Haje 1329 North Sea Road Southampton NY 11968 Re: JOAN TEC~E,T & DEBOPu%H PENNEY SCTM 8144-5-26 & 144-5-11 Dear Mr.. Haje, The following action was taken by the Board of Town Trustees during its Regu~lar Meeting held on September 24, 1997, regarding the above matter: WHEREAS, JOAN T~RCW~T & DRRORAHPE~, aDplie~to the Southotd Town Trustees for a pe~mit under the provision~ of the Wetlan~Ordinance o~ the Town o~ Sauthot~, applicat_[o~d~te~ -_Augu~ 22, 1997, WHEREAS, said applicatiom was referred ta the SouthotdTow~ Conse=vationAdvisory Cou/~cil for the%r fdna~gsan~ rec~tm~tio~, and WHEREAS, a Public Hearing was held by the Town Trumt~es with respect to said application on Sept~-mh~-r 24, 1997.. at'%which time all interested Derson~ were given ~- oDport,~-%t~ to be hea=~. and, W~F~, the Boned members have person~J~ly vi~we~ aa~ nre familiar with the premises in queation an~ the surrc~,r-%%ng nrea, and, WHEREAS, the Boned has considere~ all the testimon~ an~ documentation s,,~hmitted concer~%ng this application. WHEREAS, the structure complies, with the standard set forth in Chapter 97-18 o~ the Southot~ Town Co~e, WHEREAS~ the Board bas 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 appruves the application of JOAN TECHET& DEBORAH PENN~?f to remave and relocate 2 feet westward, of existing .8' X 5' X 5.5' platform. The float and boat remain in.same location. Ramp to be lengthened as nee~sd. Located: Sailors Needle Lane, Salt I~ake Village, Mattituck. BE IT FURTHER RESOLVED that ~his determination, should .not be considered a detez~,ination made for any other Depa~aent or Agency which may also have an application pendi~q for the same or similar project. Permit to construct and complete project will ex~iZe two 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 req~iredand the Trustees are to be notified upon completion of said projectt FEES: NOne Very truly yours, Albert ~. Krupsk_t, Jr. President, Board of Trustees AJK/djh CC. DEC ACE Dept. of State Bldg. Dept. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JOAN R. TECHET, also known as JOAN RICHARDS TECHET, Plaintiff, -against- DEBORAH PENNEY, Defendant. INDEX ~92-16775 STIPULATION OF SETTLEMENT Justice Assigned: Hon. William L. Underwood, Jr. WHEREAS, the Defendant is the owner of certain premises at Mattituck, Town of Southold, Suffolk County, New York, known and designated as Lot Number 9 on a certain map entitled, "Map of Salt Lake Village, Mattituck, Long Island", prepared by Otto H. Vantile, C.E., filed in Suffolk County Clerk's Office on May 1940, as Map Number 1310, a portion of said map being annexed hereto as Exhibit "A", and WHEREAS, Plaintiff is the owner of the easterly one-hal of the private boat landing in front of said Lot 9, together with an easement of ingress and egress over the westerly half of said dock to the Village dock and boat landing as shown on said map, and WHEREAS, a floating dock has been erected extending approximately thirty-two (32) feet from the bulkhead, and WHEREAS, a dispute has arisen over the rights of the parties to use the aforesaid dock and the right to locate the dock, and WHEREAS, the Army Corps of Engineers, the Town Trustees of the Town of Southold and the New York State Department of Environmental Conservation have jurisdiction over the waters wher6 said floating dock is located, and WHEREAS, each agency has their own restrictions on the placement of the dock with reference to navigation and interference with neighbors and other boat owners, and WHEREAS, the parties hereto wish to settle their differences and to confirm their settlement, NOW THEREFORE, it is hereby agreed as.follows: 1. Subject to the approval of the municipal authorities the floating pier would be moved from its present location to a point opposite the present fifty (50%) percent division line between the westerly and easterly halves of the private boat landing (bulkhead). The floating dock would be perpendicular to the main dock (bulkhead) so that the division line as extended would run along the middle of the floating pier with one-half of the floating pier in Plaintiff's waters and the other half in the Defendant's waters. Plaintiff and her successors and assigns would have permanent exclusive use of the easterly half of the floating pier and Defendant, her successors and assigns would haw permanent exclusive use of the westerly half of the floating dock 2. The parties recognize that the floating pier in its present location is not perpendicular to the boat landing (bulkhead), but rather is set on an angle. If the placement of the floating dock perpendicular to the present 50% division line between the easterly and westerly halves of the private boat landing (bulkhead) is not approved by the Town Trustees or such other governmental authority over which neither party has control then the parties agree, subject to the approval of the Town Trustees and other governmental authorities, to the installation of the floating pier at the 508 division line between the easterl~ and westerly halves of the private boat landing (bulkhead) at the same angle as the floating pier in its present location is angled as to the private boat landing (bulkhead). If the Town Trustees and other governmental authorities shall approve the relocation oJ the floating pier at the 50% division line between the easterly and westerly halves of the private boat landing (bulkhead), but angled to the private boat landing (bulkhead) at the same angle a~ the floating pier in its present location is angled as to the private bulkhead, then plaintiff and her successors and assigns would have permanent and exclusive use of the easterly side of th~ floating pier and defendant, her successors and assigns would haw permanent and exclusive use of the westerly side of the floating pier. 3. Plaintiff's ramp and floating pier would be used an, the parties would divide evenly the cost of applying for and obtaining the necessary permits to remove the pier as well as the cost incident to moving the floating pier and the dolphin pilings and the construction of a new landing to receive the ramp from th~ floating pier. The cost of maintaining the relocated floating pier and ramp would likewise be divided evenly between the partie~ and each party would be responsible for insuring their own interests. It is agreed that the initial application to the Town Trustees and other governmental authorities shall be for a perpendicular dock. Any permits issued for the relocation of the floating dock, either as a perpendicular or angled installation shall be in the joint names of plaintiff and defendant. 4. Defendant shall acknowledge in recordable form that Plaintiff is the owner of the easterly half of the private boat landing (main dock) and that Plaintiff has a permanent right of way over the westerly half of the private boat landing, (main dock) as access to the easterly half of the private boat landing. 5~ If the governmental authorities having jurisdiction shall refuse to approve the removal of the floating pier to the 50% division line between the easterly and westerly halves of the main dock (bulkhead), either as a perpendicular installation or an angled installation, plaintiff shall have the right to continu( this action and have the Court resolve the differences between parties. 6. The parties agree to cooperate with each other in making prompt application for the permits necessary for the relocation of the floating pier, and to keep each other informed. AN R. TECHET, Plaintiff PENNEY, De fen~j~n_ 14/stptecht WICKHAM, WICKHAM & BRESSLER, By: HUBERT F. SULLIVAN Attorneys for Plaintiff September 12, 1997 George E. Pataki Governor Alexander F. TreadweI1 Secretary. of State Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re~ F-97-637 U.S. Army Corps of Engineers/New York District Permit Application #97-11020-L2 Joan Techet/Deborab Penney, Private yacht basin Town of Southold, Suffolk County Letter of Permission Issuance Dear Mr. Haje: The Department of State has reviewed the information received on August 25, 1997 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 appreciate 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. Sincerely, _ .~f/f~.,. Chief, Consistency Review and Analysis WFB:WF:dlb cc: COE/New York District - James W. Haggerty DEC/Region 1 - John Pavacic ~VYS DEPARTMENT OF STATE Division of Coastal Resources and Waterfront Revitalization Albany, NY I2231-0001 Voice: (518) 474-6000 Fax: (518) 473-2464 ':::'~.PARTMENT OF THE ARMY NEW Y~URK DISTRICT, CORPS OF ENGINEERS' JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 September 2, 1997 Eastern Permits Section SUBJECT: Application No. 97-!1020-L2 by Joan Techet & Deborah Penney To Whom It May Concern: The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the foilowin9 activity: APPL!CAN'~: ACTIVITY: Joan Techet & Deborah Penney P.O. Box 933 Mattituck, NY 11952 Relocate an existing pier assembly, mooring pile and four float piles eight feet west of their current locations. The purpose of the proposed work is to comply with a settlement ordered by the Supreme Court of the State of New York. WATERWAY: James Creek, Great Peconic Bay LOCATION: Mattituck, Town of Southold, Suffolk County, NY As this isfminor in nature, authorization may be by Letter of Permission. This is in accordance with currsnt Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior bo the issuance of a Letter of Permission, your review of the ~nc!osed drawings is requested. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c) (3) (A)), 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 15 days of the date of this letter. Enclosures Sincerely, /'= ID Telephone (516) 765-1801 Town Hall..53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTKOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was adopted at the.meeting of the Southold Town- Conservation Advisory Council held Monday, September 22, 1997; No. 1Lt82 Moved by Melvyn Morris, seconded by Mary Griffin, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of JOAN TECHET and DEBORAH PENNEY 1,.".,-$-26 and 11 to remove and relocate 8' +/- westward an existing fixed timber dock, consisting of an 8' x 5' x 5.5' platform; a 2.5' x 12~ aluminum ramp; a 5' x 22' float; and (5) 8" diameter pilings. (Move is stipulation of NYS Supreme Court) Sailors Needle Lane, Salt Lake Village, Mattituck Vote of Council: Ayes: All Motion Carried EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 5 997 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 September 11, 1997 Mrs. Darlene Division of Environmental Permits NYSDEC SUNY, Building 40 Stony Brook, NY 11790-2356 RE: JOAN TECHET AND DEBORAH PENNEY, #1-4738-01715/01 Dear Mrs. Gerbino: This letter is in response to your Notice of Incomplete Application dated 3 September 1997. I have attached a copy of Permit No. 10-84-1344, but I do not have a copy of the project plans approved with that peinfit. Also attached is a copy of the New York State Supreme Court (County of Suffolk) Stipulation Index #92-16775. Finally, I have attached (4) copies of project plans revised in accordance with your requests. You will note the following revisions: 1) the "key" indicates "proposed 8" piling locations"; 2) the notes indicate the materials will be CCA-treated; 3) the plan indicates (6) (rather than 5) pilings to be relocated, including one mooting piling; 4) Permey's house is indicated, although it is not drawn to scale; 5) it is noted the upland property is owned by Penney, while 50% of the waterfzont area is owned by Techet, pursuant to Techex's right-of-way ov~r the Penney prcpe~:-./; and 6) the notes include a brief textual description of the ownership dixdsion on the site. Due to the unusual circumstances which surround this application, please feel free to contact me directly if you have further questions. Thank you for your cooperation with the application. Robert E. He~t mann Coastal Management Specialist cc: James Haggerty, U.S. Army Corps of Engineers, #97-11020-L2 William Feldhusen, NYS Dept. of State, Division of Coastal Resources, #F-97-637 Albert Krupski, Town of Southold Trustees EN-CONSULTANTS ~3~9 NO~TH SEA SOUTHA~PTON ~.Y, S~ 6-285'~360 I"'- lO AUw -- August 28, 1997 George E. Pataki Alexander E Treadwell Secretary of State Albert J. Krupski, Jr. Trustee, Town of Southold 53095 Main Street P.O. Box 1179 Southold, NY 11971 Re' F-97-637 U.S. Army Corps of Engineers/New York District Permit Application - Joan Techet/Deborah Penney, Private yacht basin off James Creek Dear Mr. Krupski: Enclosed is a copy of the information submitted to the Department of State for review of the above-referenced project with respect to its consistency with the Coastal Management Program for your information and preliminary review. Please contact William Feldhusen, the DOS reviewer assigned 1Lo this project, at (518) 474-6000 to discuss your concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved NYS Coastal Management Program. Please note, however, that if we do not hear from you within 45 days of the date: of this letter, we will presume that you have no objections to the proposed project. Sincerely, William F. Barton Chief, Consistency Review and Analysis Enclosures WFB:dlb Division of Coastal Resources and Waterfront Revitalization Albany, NY 12231-0001 Voice: (518) 474-6000 Fax: (518) 473-2464 NEW' YORK STATE - WHITE COPY Permit Administrator QEPARTMENT OF ENVIRONMENTAL CONSERVATION ' CANARY COPY Corps of Engineers US ARMY CORPS OF ENGINEERS APPLICATION NO PiNK COPY Prog~'am JOl~qT APPLICATION FOR PERMI'! t tGOLDENROD Applicant Please read ALL instructions on back before completing th, is application. Please type or print clearly in ink. Attach additional information as needed. E~ARTICLE 9, TITLE t, ARTICLE 43 6NYCRR 646 {LAKE GEORGE RECREATION ZONE) ~'~ARTICLE 15, TITLE 3 (AQUATIC PEST[CIDErS CONTROL) E~]EN. YCRR 327 (AC~UATIC VEGETATION) ~-']6NYCRR 328 (FISH) F~ENYCRR 329(1flSECTS) ~,giARTICLE 15, T~TLE S 6NYCRR 60B {PROTECTION OF WATERS) [] For the constru~ion, reconstruction, or repair of a DAM or ether impoundment structure. [] For the d'mturbance of a STREAM BED OR BANKS or excavafion in or ffil of NAVlGABLE WATERS E_-] 401 WATER QUALITY CERT[F~CATION [--]ARTICLE 15, TITLE 15 r--]6NYCRR 601 (WATER SUPPLY) r-~ENYCRR 602 (LONG ISLAND WELL) [~ARTICLE 15, TITLE 27 BNYCRR 666 (WILD, SCENIC AND RECREATIONAL RIVERS) E~ARTICLE 24 6NYCRR 662, 563 (FRESHWATER WETLANDS) {'--~ARTtCLE 34 6NYCRR 505 (COASTAL EROSION) {~ARTICLE 25 6NYCRR 661 (TIDAL WETLANDS} [] SECTION 10 (RIVER AND HARBOR ACT OF 1899) [er structures and work in navigable waters of the U.S. [] COASTAL CONSISTENCY CERTIFICATION. IF-'~SECT1ON 404 (CLEAN WATER ACT OF 1977) for disposal of dredged or fill material in watem of Ihe U.S. I--)SECTION 103 (MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT) for the transportation of dredged rriateriais for dumping iata ocean waters. 1. LIST PREVIOUS PERMIT/APPLICATiON NUMBERS AND DATES (If any) 10-84-1344 E.XP. t2/31/86 (E.N~C~AI:LDS) 2. APPLICANT IS A/AN ~lOwner r'~opemtor []Lessee NAME OF APPLICANT (Use Full Name) ]rOAN TECHET/DEB ORAI-[ ;PENNEY IIF OTHER THAN INDIVIDUAL, PROVIDE TAXPAYER ID NUMBER [_-]Municipat~ytGovemmental Agency (Check as many as apply) MAILING ADDRESS ?.O,]3OX 933 POST OFFICE TELEPHONE (VVnera can be reached during day) ~ 516 ~ 2984273 ATE ZiP CODE 11952 4. NAME OF [] Owner {~Agent/Contact Person (Check one) EN-CONSULTANTS,/NC. MAILING ADDRESS 1329 NORTE SEA RD. POST OFFICE SOLrlT[~ON TELEPHONE (Where can be reached during day) I 516 ) 283-6360 ~ATE { ZI P¢ODE 11795 5. PROJECT/FACILiTY LOCATION (Mark ~ation on map, see Number la on reverse side) County SUFFOLK I Town or city SOUT~OLD Village STREET ADDRESS (If different from appik:ant) SAILOR'S NEEDLE LANE POST OFFICE t STATE ZIP CODE MATITYUCK I NY 11952 NAME OF STREAM OR BODY OF WATER PRIVATE YACHT BASIN OFF IAMES CREEK HAS WORK E, EGUN ON PROJECT? If YES, attach explanation on afl-'ting work without permit, include dates. B. WILL PROJECT UTiLiZE STATE LAND? ~-'~ Yes []No : Show work on map andlor drawings. ~]Yes {~No 9-PROPOSED USE: [] Pdvate ] 10. PROPOSED STARTING DATE: I 11. APPROXIMATE COMPLETION DATE: I 12. FEE OF ~[Y~ Perm~ CotY) [] Public [] Commercial AS~::~ z~.A.-P $ E~ctosed 13, PROJECT DESCRIPTION: (e.g. query and ~pe of ~tefiat to ~ ex~va~, dredg~ or ~ for fib or tip rap, I~tion of d~posa} s~es; ~pe o[ stru~ure 1o ~ ins~ll~; height of dam; s~e ~ ~u~ent; ~pa~ff~ ~ pmpo~ ~ter ~; ~ent of d~td breton system; etc.) SEE ATTACI'tED 14. WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL. STATE AND/OR LOCAL PERMITS? [] Yes [] Ne If yes, please list: DOS, cog, TOWN OF SOUTHOLD 5. CERTIFICATION: I hereby affirm that under benatity of pe~y that infonma,fion provided on this form and atlattachments submitted herewith is true ta the best of my knowledge and betief. False statements made herein are puntstlable as a C~aas A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibBity for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the pmjec! described herein and agrees to indemnify and save harmless the State from suits, ac~ons, damages and costs of every name and description resuit~g from said ~ I hereby authorize the agent named in Number 4 abov~.bmit thi/~ppJlc~c'~ on my hehatL AUGUST~,[~997 (~G/~R~ ,v ~ . P:PJ~SIDENT nTLE Project DescriDtion Remove and relocate +/-8' westward, and existing fixed timber dock, consisting of a 8' x 5' x 5.5' platform; a 2.5' x 12' aluminum ramp; a 5~ x 22' float; and (5) 8" diameter pilings. Deck is being moved to 50% division line between subject properties, as per stipulation of settlement ordered by the Supreme Court of the State of New York, County of Suffolk, Index ~92-16775. August 28, 1997 George E. Pataki Alexander E Treadwell Secretary o[ State Roy L. Haje, President Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Dear Mr. Haje: Re~ F-97437 U.S. Army Corps of Engineers/New York District Permit Application- Joan Techet/Deborah Penney, Private yacht basin off James Creek, Town of Southold, Suffolk County Acknowledgement of Federal Consistency Assessment Form. The Departmem of State received your Federal Consistency Assessment Form and supporting information on August 25, 1997 and has determined that the submitted documentation is adequate to commence our review of your proposed project. We will contact you if additional information may be necessary for consistency review purposes. You and the Corps of Engineers will be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue a permit for this project unless the Department of State concurs with your consistency certification. Please be advised that the corps of Engineers may authorize the proposed project under an existing nationwide permit (#3). If the Corps of Engineers does determine that this project could be authorized under an existing nationwide permit, no further review of this project by the Department of State would be necessary, Please call William Feldhusen at (518) 4746000 if you have any questions. Sincerely, William F. Barton Chief, Consistency Review and Analysis WFB:dlb cc: COE/New York District - James W. Haggerty NYS DEC/Region 1 - John Pavacic Town of Southold - Albert J. Krupski, Jr. Divisio~ of Co~tal Resources and Waterfro~*t R~vitatization A/b~3,; NY t2231-0001 Board of Trustees Town of Southhold September 5, 1997 Re: Techet v. Penny # SCTM 1000-749-5-26 Gentlemen: The following letter is submitted by the undersigned in connection with the little community in the unincorporated area known as Mattituck. The name of the community is "Salt Lake Village". We are property owners of this "18 property" owners whose dwellings comprise Salt Lake Village. The purpose of this letter is to object to the applica- tion of Ms. Penny to move her dock in the tiny inlet of water which is connected toJames Creek in Mattituck. As you know, James Creek is a tidal body of water connected to Peconic Bay which is also a tidal body of water. The little inlet which is the subject matter of the application here is surrounded on three sides by property in Salt Lake Village and at its easterly end, the water is connected to and intersects with James Creek which makes its way up to the north for about a mile. The 18 property owners control the use of the water- way insofar as dockage is Concerned and, in addition thereto, when the tidal waters in the little inlet deposit excess sand in the body of water, the monetary burden of removing the sand to enhance its navigability is borne by the property owners at large. In order to help pay for common maintenance the asso- ciation maintains at least four spaces for boat docking to resi- dents and charges $300. or $400.00 for each docking space at the west end of the tiny inlet. Unfortunately, Ms. Penny's property which is on the north side of the little inlet is the nearest to the west end of the inlet with the docks mentioned above. Historically, the dock space was used by small boats. Ms. Penny within the past few years has had a huge cigarette boat on her floating dock and at the present time, has a cabin cruiser which is about 34 feet long and uses a floating dock with lines out so that the boat can clear the dock. The boat is at least 8 feet wide and a glance at one of the photos attached to this letter will clearly show the boat floating out from the dock another 12 to 15 feet in this shallow body of water. Board of Trustees Page -2- As a result of litigation we are advised that Ms. Penny has court approval to move her boat and dock at least another 8 feet to the west. Again, this will, if used as it is now placed, add additional feet taken up by the boat floating free at the dock of 3 to 4 feet. Steven Techet anticipates using a dock further to the east and we believe that no harm or risk of harm would be presented by Mr. Techet's dockage. When the time came to ask for expenses to do necessary things for the commonly controlled areas including this little body of water, it was all for one and one for all, but this does not apparently apply to Ms. Penny's use of this water. The boats have to deal with shallow water and one of the photos attached here will show piling which is installed several feet out from Mr. Reynolds property and it is our opinion that the property owners, some of whom may be youngsters, whom their parents love dearly in this development, that a situation is here confront- ing us where there is an unreasonable interference where theright of those who have boats to use this water inlet with reasonable safety. One of the undersigned who has a 23 foot boat would never rent dock spaoe because he felt that such a boat was too big and had a real good chance of colliding with the Penny boats. Other members of this community feel the same way about it and they are concerned about possible risk or hazard potential for youngsters who have as much right to use that waterway as Ms. Penny. There is plenty of water in James Creek with two marinas present who can be utilized and if that were done here, there would be no problem. Ms. Penny's boat is a beautiful boat, but unfortun- ately because of its location and the undertakings for people who are renting the westerly end of that for their boats, it is not going to work out. Finally, we point out that the association in Salt Lake Village was never made a party to any lawsuit. Respectfully submitted, G~ ¥3S H~ON $~N¥~SNO~-N3 L U 't 0 J IQ LOT 8