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Home My WebLink AboutNEUER, ARNOLD Albeff J. Krupskl President John Holzap£el. Vice President Martin H. Garrell Pemr Wenczel Town Hal 53095 Ma/n Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~Wetland Permit Application Grandfather Permit Application Waiver / gznendment/~an~ s ~ Received Application: ~ Received Fee:$~-~, ~o ~ ~Completed Application/ ~Incomplete / / ' SEQRA Classification: Type I Tlrpe ri ~ Unlisted Coordin~ation: ( date CAC Rererra! Sent: ~Date of Inspection: i~//~/9~ ! ~Receipt of CAC Report: Lead Agency Determination:' Technical Review: ~ Public Hearing Held: ~/~¥ Resolution: N~ne of Applicant Address ~3 ~ J'/"~) Phone Number:(3'/~) Suffolk County Tax Map Number: Property Location: (provide LtLCO Pole distance 5o cross streets, and location) AGF2qT: (If applicable) Address: Phone: FAX~: 1 Board of Trustees Applica on GENERAL DATA Land Area (in square feet): ~ ~f~ Area Zoning: ~ i ~StP~/V?]~ Previous use of property: ~/¥~ Intended use of property: ~/g~a~ Prior permits/approvals for site improvements: Agency Date ~Y/ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? vz No Yes If yes, provide explanation: Project Description (use attachments if necessary): Board of Trustees Applica 3n WETLAND/TRUSTEE LANDS A~PLICATION DATA Purpose of the proposed operations: ~L~,~ ~ Area of wetlands on lot: Percent coverage of lot: ~ % Closest distance between nearest existing edge of wetlands: ~ square feet structure and upland Closest distance between neares~ proposed structure and upland edge of wetlands: .~ ---~ feet involve excavat!on or filling? Does the project No '~/ Yes If yes, how much material will be Mow much material will be filled? excavated?~ cubic yards ~ cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: IN statement o~ the effect, if any, on the wetlands and tidal waters o~ the town that may result by reason of such proposed operations (use attachments if appropriate): /v'o Nd- 617.2,1 Appendix C State Environmental Quaiity Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR i 2. PROJECT NAME SEC 5. IS RROPOSED ACTION: [] Ne'../ [] Exoan$,en [] Modiflcation/alteraNen T 8. DESCRIBE PROJE~ ~RIEFLY: .~HE¢. [~ ~ z-~sT 'FF~~ 7. AMOUNT QF ~NO AFFECTED: ~ [~e~ ~. W~LL ~ROPOS~ ACT~QN COMPLY W~TH EXiSTiNG ZONING OR OTHER ~S ~ NO If NO. descr,be briefly L 9. WHAT lS PRESENT LAND USE iN VICINITY OF PROJECT? ~ Res~denBal [~.!ndustrial [] Commercial Describe: !TM Agriculture ~rkJFeresUODen sc~zca ~ Other . 10, DOES ACTION INVOLVE A PERMIT APPROVAL DR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY 'FEDERAL. STATE O LOCAL)? ~Yes [] No If yes, list agency[si and oermit/a¢orovals ~> E- (- DOES ANY ASPECT OF THE ACTIOt,I HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No ~f yes, list agency name ant oerml~laoorova~ _._ CERTIFY THAT THE NFORMATION PROVIDED ABOVE ES TRUE TO THE BEST OF MY KNOWLEDGE /4-£fJ oz D If the action is in the Coastal Area, and you are a state agency, complete the Coastsl Assessment Form before proceeding with this as~essment OVER 1 NOTICE TO ~JDJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Cg~q~/~ ~PJ~ y-/~ ~U~ 2. That the property which is the subject Environmental Review is located adjacent to your property and is described as follows: ~7~ /~l&t p~ FZ+X ~F ~ /06~ ~Y~9 3.. That the property which is subject to Environmental Review under Chapters 32,37,or 97 of the Town Code zs open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and dose not reference any other adjacent that might have to review same proposal. OWNERS NAME: MAILING ADDRESS PHONE ~: ~/~ Enc.: Copy of sketch or plan showing proposal for your convenience. Name: PROOF OF M~XIL!NG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: STATE OF NEW YOP/q COUNTY OF SUFFOLK that on the' ~ day of , residing at ~7 J~OA3D ~] · being duly sworn, deposes and says /~/%~ ,19 ~6 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the afsove named persons at the addresses se~ 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~[~DL~2 ~ ~ , that said Notices were mailed to each of said persons by (certified) (~ mail. Sworn ~o before me this day of ~/C~ ,19 ~ P 259 54 919 US Postal Sen/ice Receipt for Certified Mail · . No insurance Coverage Provided. Do not use for International Mail (See reverse) ~ Return Eeceipt Sho~ihg to P 259 154 918 US Postal Smvice Receipt for Certified~Mail No Insurance Coverage Provided. Do not use for Intema~onal Mail (See reverse) Post Office, State. & ZiP Code Spedal Delivery Fee Return Recelpt Sh~dn§ to Whom & Date Del[ve~ Date, & ~e~-ee's A~ss P 2. 154 920 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do ~ use for Intemational Mail (See reverse) ~reet & Nu Post (~fice, Slate, & ZIP Code ~/~ vz"-/~C,~ f-L ~7/~ Ca~d F~ Speciat Del~ Fee p 259 154 921 US posta~ Service Receipt for Certified Mail No insurance Cove[age Provided. ~o~ si Mail S~..~re ver~e,) ~oecial Oel'~ Fee Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin 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 July 19, 1996 Arnold Neuer 87 2nd Street Garden City Park, NY 11040 Bear Mr. Neuer, The following action was taken at the Southold Town Trustee Regular Meeting on JLme 27, 1996: RESOLVED, that the Southeld Town Board of Trustees deny the application of ARNOLD NEUERto clear 22' of right of way for access to his property and follow the Department of Environmental Conservation requirements which s%ates: plant grou~n~el bushes (Baccharis halimifolia) on 5" ~enters along pasture edge of 22' wide right-of-way, so~th of rail road tracks, the edge of right-of-way shall be verified by ~ir. Aurichio prior to planting and a gate shall be installed approx. 80' north of Main Road to secure access along the right-of-way to prevent dumping. All work to be done by July 28, 1996. Si%cerely, Albert J. rupski, Jr. President, Board of Trustees AJK/djh cc. CAC Bay Constables A. Aurichio Ne,~v York State Department' Environmental Conservation Building 40 ~ SUN¥, Stony Brook, N~W York 11790-Z356 Phone {516) ~.d-0295 Fax ~ (516) ~0297 Michael D. Zagata Commissioner JUL I '8 1998 CO' Dear RE: NYSDEC v. Enclosed please find an Order on Consent in resolution of the above-referenced matter. Please rem the Order to Jennifer B. PinaTa, Encon .Program Aide at the Department's Regional Office of Marine Habitat Protection, signed and notarized, and accompanied by a check in the amount of the penalty imposed within ten (I0) days of the receipt of this letter. PLEASE BE SURE TO INITIAL THE ORDER IN THE BOXES MARKED "RES." (RESPONDEN'D ON PAGES [. 2, 4 AND 5 OF THE ORDER. THE NOTARY IS R~OUIRED TO FILL IN ALL THE BLANK AREAS ON PAGE 3 OF THE ORDER WITH THE CORRECT tNFORMATrON. THIS INCLUDES THE DATE and NAME and RESIDENCE OF THE PERSON WI-tO IS BEING WITNESSED. IN THE CASE OF A CORPORATION, PARTNERSHIP, etc., THE LEGAL NAME OF SAID BUSINESS IS REQUIRED AND THE NAME and RESIDENCE OF THE PERSON WHO IS BEING WITNESSED. IN THE CASE OF A CORPORATION. PARTNERSHIP. etc., THE LEGAL NAME OF SAID BUSINESS IS REOUIRED AND THE NAME mud TITLE OF PERSON REPRESENTING SAID BUSINESS IS REQUIRED. Failure to return the Order as indicated above will result in the Regional Attorney's Office taking further enforcement action in this matter. Sincerely, Louis A.Chiarella Regional Manager, Bureau of Marine Habitat Protection STATE OF NEW YORK '' ~' DEPARTMENT OF ENVIRONM~fTAL CONSERVATION la the Manet of the Violation of Articles 15, and/or 25 and 71, as indicated below, of the New York State Environmental Conservation Law, by: : Respondent(s) : : SafClkc : : ( ouncy) : ORDER ON CONSENT FILE NO. 1- ~ WHEREAS, Article 15, Tide 5, of the New Yo~k State Environmentai Conservation Law (Protection of Waters) prohibits conducting any regulated activities in any of the navigable water~ or prot~ted streams of the Sta~e without the requisite permit, or in noncompliance with the requisite permit; and ~ WHEREAS, A~icle 25, Tide 4, of the New York State Environmental Conservation Law, (Tidal Wetlands Act) prohibits conducting any regulated activities on or adjacent to any tidal wetland with.out the requisite permit, or in noncompliance with the requisite permit; and WHEREAS, the Depat'tmnat of Envh'onmeatal Conservation (DEC) has documented a violation of said statutes, specifically Sex:fion D,~-Ot{0~,! , Section , and Section , in that Respondem(s) ~,,~ed and/or permitted ~ be caused, WHEREAS, Respondent(s) ha.~nave affirmatively waived his/her/its/their right to a public hearing in ti:da matter in the manner provided by law and having consented to the entering and issuing of this Order, agree(s) to be bound by the terms and conditions contained herein. NOW, having considered this matter and being duly advised, it is Initial Page I of 5 ORDERED, that with respect ~ the aforesaid violation(s), them is~hemby imposed upon'Responden, t(s)~ a penalty in the sum of ~c,o~'~0r~ ~ ($ ~,0 ~ 0'~~ ) Dollars, of wlaich 0o&[~$o4 ~ ¢~ [a-n {~'I~ ($ 1, ~0~' °~' ) Dollars shall be made payable t° the Department Upon execution of tiffs Order. and the remnining ~-~,a~,~-aa~b°~x~ ($ ,6yOe0, vu ) Dollars to be suspended provided Respondent(s) strictly adhere(s) to the terms and ~onditlons outlined in ~ Order, including Schedule A, the compliance schedule attached hereto and made a part hereof; and it is further ORDEP~D, that nothing contahled herein shall be construed as preventing the Depar~12eot fi:om cullecting regulatory fees where applicable; and it ~s further ORDERED, that this Order shall not become effective until it is executed by the Regional Director on behalf of the Comrnlnsioner, and the date of execution by the Regional Director shall be the date of execatinn of this Order; and it is f-ax'ther ORDERED, that in those instances in which the Respondent(s) desire(s) that any of the provisions, terms or conditions of this Order be changed, (s)he/it/they sh~ll make written application, seamg forth the grounds for the relief sought, to the Commissioner, cio Loft L Riley, Regiomal Attomeff, N~ Yo~ State .:.:~ Departing'It o f Environmental Conservation, Building 40, State. UniversiI36 C~mpu~. _~.~ .~ :Y.~4::~~ 11790-2356; and it is fin-ther ORDEKF_.D, that Respondent(s) shall strictly adhere to them and conditlo~m,r!i-~d intt~ Order andin Parts I, II, and/or Ill of Schedule A, the compliance schedule attached heretO"end madea part hereof; : and it is further ORDEKED, that any change in this Order shall not be made or become effective, except as specifically set forth by written order of the Commissioner, such written order being made either upon written application of the Respondent(s) or upon the Commissioner's own findings: and it is further ORDERED, that this Order shall be deemed binding on the Respondent(s), it/his/her/their successors and assigns and all persoas, firms and corporations acting under or for it/him/her/them, including, but not limited tO those who may carry on any or all of the operations now being conducted by Respondent(s), whether at the present location or ar any other in this State; and it is f~her ORDERED. that the failure to pay any penalty amounts due under the terms and conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the Department of Taxation and Finance, and it is further ORDERED, that a dishonored check fee of Twenty, ($20.00) Dollar~ will be charged for all chec~ which are returned for insufficient funds. Dared: Albany, New York 19 MICHAEL D. ZAGATA Commissioner of Environmennd Conservation To: %-/ By RAY E. COWEN, P.E. Regional Director Initial Dept. 'Resp. ~ ~$F- ~, Page 2A of 5 GENERAL REOUIREMENTS: Immeciiately, SCHEDULE A Compliance Schedule for Aa'ticle t5 and/or 25 Respondent (s) shall cease and desist from any and all future violations of the New York State Environmental Conservation Law and the t-ales and regulations emmt~xt pursuant thereto. Respondent (s) shall submit photographs of the completed work, if any, required under this schedule, to the Department within five (5) days of its completion. All submittals to the Department required under this Order shall be made by Respondent (s) as follows: 1) One copy to the Legal ~ Office, R~gfon Oile~"~[e~ ~'~t~ate'Department- b~'':':~<~4~:~<-~:'~'' Environmental Conservation, Building 40, S.U,N.Y., Stony Brook, New York 11790-2356; 2) One Copy to the Regulatory Section, Bureau of Marine Habitat Protection, Region One, New York State Department of Environmental Conservation, Building 40, S.U.N.Y., Stony Brook. New York 11790-2356. II REMOVAL REOLrlREMENTS: W~rhi. thirty (30) days from the date of the execution of this Order, Respondent (s) shall have removed the structures and/or fill which are the subject of this Order. Removal Specifications No Removal Required Initial Dept. Resp. t ~,t,.~ ;, Page 4 of 5 Schedule A (Cont"d.) III. RESOTRATION REOUFREMENTS: ~" Within thkty (30) days from ~e date of the 6xecution of this Order, Respondent(s) shall submit to me Department, an approvable restoration plan and time schedule for implimentation of said plan. Approvable in the context of this Order shall mean approvable by the DEC wi~ rnlnlrn~! revision. Minimn! revision shall mean that Reapondent(s) incorporate(s) the revisions required by th~ DEC and resubmits the plan for approval within fifteen (15) business days of receipt of the DEC's comments. This plan shall include: [] Regrading Plantings in disturbed area Upon approval by the Department, Respondent(s) shall implement the approved restoration plan in accordance with the approved time4 schedule. Respondent(s) shall maln~hl all resotration required under this Order for a minirmun of five (5) years from the date of the completion of the restoration. Said rn~imer, xuce shall ensure a success ratio of at least 85% ~'] No Restoration Required. Dept. Resp.[ Page 5 of 5 Albert J. Krupski, President John Holzapfel, Vice President Jim King Mardn 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 28, 1996 Arnold Neuer 87 2nd Street Garden City Park, NY 11040 RE: SCTM %56-1-6 Dear Mr. Neuer: The following action was taken by the Southold Town Board of Trustees on Wednesdays, May 22, 1996; RESOLVED that the Southold Town Board of Trustees DENIES the request of Mr. Neuer to clean debris and clear property near wetlands. Property must be left alone to grow naturally. If you have any questions, please do not hesitate to contact this office. rel , Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: CAC DEC New York State Department of Environmental Conservation Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone (5161 444-0295 Fax # (516) 444-0297 May 14, 1996 Arnold Neuer 87 2nd Street Garden City Park, NY 11040 ~; ~/~i~l D. Zagata '~ .:-'~ ............ C'6~lmissioner Notice of Violation Andrew Aurichio P.O. Box 2104 Greenporr, NY 11944 Date of Violation:on or before May 1, 1996 Location of Violation:off Main Road, Southoid Permit # (if applicable) none Tax ~ap iD ~,00v-~o-~-o m ~000->6-4-~6 Dear Mr. Neurer: Records of this Department indicate that you are in violation of the Environmental Conservation Law (ECL): B 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, Freshwater Wetlands Act Section 6NYCRR Article 25, Tidal Wetlands Act Section 25-0401.1 6NYCRR Part 661 Article 19. Air Pollution Control Act (Restricted Burmng) Section 6NYCRR In that yon caused, or permitted to be caused: clear cut an area approx. 25' x 500' in and adjacent to a regulated tidal wetlqand; excavation of approx 500 sq. ft. of tidal wetland (high marsh); placement of fill and debris (junk cars) and cleared brush in and adjacent m a regulated tidal wetland. All activities occured without a NYSDEC permit. Contravention of this/these Article(s) of the ECL is a violation and/or a misdemeanor punishable by a fme of no more than $10,000 a day. Penalties may be assessed for each day that the violation continues. Please be further 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 this matter. Failure to contact this office within this time period will result in this matter being referred 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. Very truly yours, Charles T. Hamilton Regional Supervisor of Natural Resources Stony Brook CC; Gali Hintz, Assistant Regional Attorney Dr. Christopher S. Mallery, ACOE ECO Enright Albert Krupski, President, Southold Trustees Certified Mail # Z 260 768 364 NOV# 96LC23 New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 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 .%~ ~\~- ~ ~ ¢c ~ P~,~,~ /~,~c~,~ ~ 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 KruDski, Jr. Address: President, Board of Trustees Town Hall P.O. Box 1179 Southold, NY NOTICE PROVIDED BY: Name: T~e: Date: 11971-0959 Louis A. Chiarella }~:~X,~ Regional Manager - Bureau of M/~ne Habitat Protection Telephone (516~ 765-1801 Towu HM1. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TO~N CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, April 22, 1996, the following action was made: No. 1346 Moved by Allan Connell, seconded by Bruce Loucka, it was RESOLVED to TABLE the Wetland Application of ARNOLD clear debris from property and leave natural. The CAC tabled the application until it receives specific what, where, and how much debris is to be removed. 2475 Mill Path, Southold Vote of Council: Ayes: Motion carried. All NEUER 56-1-6 to information as to 0 0 J ~ ~ t 0