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HomeMy WebLinkAboutTR-5232Board Of $outhold Town Trustees SOUTHOLD, NEW YORK DATE: October 30, gO( ISSUED TO ESTATE OF JOHN WHITESIDE Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter ~ of the Laws of the State of New York 1952; and the Southold Tow~ 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 wlfh the Resolution of The Board adopted afa meeting held on .. gE~.: ~.~.. 200Q..., and in consideration of the sum of $ . ~(~.t.~O .... paid by Rudolph H. Bruer, Esq. for John Whiteside of ................. $.c~.~.~!~ .................. N. Y. and sub. ject to the Terms and Conditions listed on the reverse side hereof, o{ Southold Town Trustees authorizes and permits the foilowlncj: Wetland Permit to remove weeds, dead branches and leaves from the tap of the bank down to the edge of the upland growth trees, apply mulch and repiant with Rosa Rugosa, with the condition that the hay bales be left in place at the bottom oi ihe all in accordance with the detailed specifications as presented in fhe~orlcj;natilig application, bank even after it's planted and r. ke ar~a ~ave mulch or woodchips put on the bank to stabi[izc IN WITNESS WHEREOF, The said Board~ of Trustees here- by causes ;ts Corporate Seal fo be affjxed, and, these p.resents te be subscribed by a'majority of the sa,d Board as of th~s date. ...... Heqry Smith - Absent - ' ~'ntstee$ TERMS and CONDITIONS The Pe~micte~ John B. Whiteside residing ar 801 Whiteside .Lane, Southold N.Y. a~ part of the consideration for the ~ of thile P~it do~ unde~mnd and pt~sc~ to the fol- lowing: L That the said Board of Tru~ees ~nd the Town of Southold are telea~.d from ta7 ~d · Il d~m~ges, or d-;"'~ fo~ a,.,,,ge~ of ~ ~-hlag dbecti7 o~ iadltecdy -, · te~lt of ~ oper- ation performed pursuant to this permit, and the said p,,~am~ will ~t his ot bet o,w, e~pe~e, with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Sm~hold 2. That this Permit is valid for a per~od of 24 mo~ which h consldeted to be the estimated thne required to complete the work involved, but should citct~c, ace~ warrant, request for an extension may be made to the Boaxxi ·t a late~ date. 3. 'Chat this Permit should be retained indefinitely, or as long as the said Pe~mlttee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that zuth- oriz·tion w~s originally obtained. 4. That the work /nvolved will be subject to the inspection and approva/ of the Bonxxl or its agents, and non-compliance with the pro~ioas of the originst;%o application, n~y be cause for tevocarion of this Permit by resolution of the said Board. 5. That there will be no um~aaonable ;nterfe~ence with tztvigatlon as · result of the wozk herein a~thorlzed. 6. That there shall be no intarfere~ce ~th the right of the pablic tO ~ tad t~'pasI ~lotlg the beach between high and Iow water m~rks. 7. Thar if future operarlom of the Town of So~thold ~ t~e ~ and/or alterations in the location of the work bet. era mthottzed, or fi, in the opi,i_,~ of the Botnl of Tmstee~ dna. work shall cause um'easonable obst~ucuon to free navigation, the said Pezmlttee will be requfn~ upon due notice, to remove or alter this work or project hex-ein stated With(xtt et'pemes to the Town of Sm~thold. 8. That the said Board will be notified by the Permittee ot the ~letton of the work auth- orb~ 9. That the Permittee will obtain aH other p,.rm;es and consents d~t n~y be required plemental to this permit which may be subject to revoke upon raj/ute to obtain same. NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE' OF VIOLATION Date: September 22, 2000 To: E3tate of John B. Whiteside (Owner or authorized agent of owner) Address: P0tl i452 801 V~ple La., Southold, N.Y. 11971 (Address of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article II, Section 97-20 a premises hereinafter described in that you are conducti n§ operations within 75 feet of a wetland without first oht. aining a permit from the Southold Town Trustees. You are therefore directed and ordered to comply with the following: Cease all further activity within 75 feet of wetlands. Apply for a Trustee Permit for work already done. on or before the 13 day of October , 2000 The premises to which this Notice of Violation refers are situated at: 700 Hobart Rd., Southold, N.Y. 11971 Town of Southold, Suffolk County, NY (Suffolk County Tax Map Designation: Dist. 1000 Section: 64 Block: 1 Lot: 30.2 .) Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both. ~You have the right to apply for ~ hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of viola- tion should be modified or rescinded. Bay~onstable,%wn~f ~ Town of Southold Suffolk County, NY The People of the State of New York rs, COURT COPY ~50U TH OL 0 ---~¢l.l ~'l~ ~ i. ~-- C o. ) ~/, ~'. ~e ae~a~e dls~o~a] a~d water suppl~ facilities f,.....:., o~on have been Inspected b~' ,~.a dapa~ment md ~ou~d · i Albert J. Krupski, President James King, Vice-President Henry Smith Art~e Foster Ken Poliwoda Town Hall 53095 Main Road P.O. }]ox 1179 Southold, New York 11971 Telephone (516) 765-1872 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only 7~woastal Erosion Permit Application Wetland Permit Application Grandfather Permit Application R Waiver/Amendment/Chanqe~ e~ved Application: ~ ~,~eceived Fee:$ ~]~-- ,,'~ompleted Application I~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sen~) ; ~AC Referral Sent: ~0~-- ~'Date of Inspection: ~%~ Receipt of CAC Report: Lead Agency Determination: Technical Review: ~ublic Hearing Held: ~0~ Resolution: Name of Applicant Estate of John B. Whiteside Address 801 Maple Lane, P.O. Box 1452, Southold, New York 11971 Phone Nu~er: ( ) Suffolk County Tax Map Number: 1000 064.D0-01.00-030.002 Property Location: 801 Maple Lane a/k/a 700 Hobart Road, Southold, NY See attached map (provide LILCO Pole #, distance to cross streets, and location) AGENT: Rudolph H. Bruer, Esq. (If applicable) Address: 55000 Main Road, P.O. Box 1466, Southold, New York 11971 Phone: 631-765-1'222 FAD~9: 631-765-2752 Boa of Trustees Application Land Area Area Zoning: Resdential Previous use of property: Intended use of property: GENERAL DATA (in square feet): 71,000 ~ square feet Residential Residential Prior permits/approvals for Agency none site improvements: Date X No prior permits/approvals for site impkovements. 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): Removed weeds, dead branches and leaves from the top of the bank down to the .~ge of ~the upland.growth. Trimmed up isome trees. Will replant Rosa Rogosa. Applied mulch. Boar~f Trustees Application · WETI~%ND/TRUS~_~E IOkNDS ~PLICATION DATA overErowth, leaves, branches Purpose of the proposed operations: to clean out/from the top of ~b~ hank down to the edge of the upland Erowth. Trimmed up some trees. Applied Will plant Rosa RoKosa. Area of wetlands on lot:See survey attachedsquare feet Percent coverage of lot:See survey attac~ed Closest distance between nearest existing structure and upland edge of wetlands: 30+ 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? none cubic yards How much material will be filled? no fill , cubic yards Depth of which material will be removed or deposited:~oo top of soil feet Proposed slope throughout the area of operations: 11.4 to 2.4 Manner in which material will be removed or deposited: Raked out and removed by hand. Trees trimmed back Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): None 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be como{eted by AppLicant or PrOleCt soonsor) Estate of John B. Whiteside 3. ~ROJECT LOCATION: 801 Maple Lane Mumcloallt¥ Southold County Suffolk 801 Maple Lane a/k/a 700 Hobart Road, Southold, NY See attached survey map 5. LS PROPOSED ACTION: ~'~ New [] Ex0ansmn [] ModRicadon, alteration Removed weeds, dead branches and leaves from the top Qf the bank down to the edEe of the upland growth. Trimmed up some trees. A~plied mulch. Will replant Rosa Rogosa. 7. AMOUNT CF LAND AF;ECTED: 11. OOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMtT OR APPROVAL? ApD,icantl$oonso .... : Rudolph H Bruer, .Agent ~-~~(~;~ o,~,.: 10/ ',,..~0 the action is in the Coostal Area, and you are a state aqency, complete the Coastal Assessment Form before proceeding with thts assessment OVER ! NONE NONE NONE NONE NONE NONE NONE PART III--OETERMINATICN OF SIGNIFICANCE [To De com~leteo by A~enc7) County of Suffolk State of New York of Trustees Application ~ ,/ .9__~. ~, OYa,~W~~%"~ Rudolph H. Bruer ~%~ ~. ~ BEING DULY SWO~ DEPOSES AND AFFI~S THAT H~/SHE IS ~E APPLICANT FOR ~E ~0~ DESCRIB~ PERMIT(S) AND T~T ~L STAT~ENTS CO~AIN~ HEREIN/ARE TRUE ~ ~E BEST OF HIS/H~ ~OWLEDGE AND BELI~, AND THAT~KLL WO~ WILL BE ~NE IN ~E MANN~ SET FOR~ IN ~IS APPLICATION ~D AS ~Y BE APPROV~ BY ~E SOUTHOLD TO~ BOARD OF ~US~ES. THE APPLICANT AG~ES TO HO~ THE TO~ OF SOUTHO~ AND ~E TO~ ~USTEES HARMLESS AND FREE FROM ANY AND ~L DAMAGES AND C~I~ ~ISING UND~ OR BY VIR~E OF SAID PE~IT(S), %F GRANT~. IN CO~LETING ~IS APPLICATION, I HEREBY AUTHORIZE ~E ~USTEES, ~EIR AG~T(S) OR ~P~SENTATIVES(S), TO ENT~ ONTO ~ PROP~ ~ INSPECT ~E PREMISES IN CONJ~CTION WI~ R~IEW OF ~IS APPLICATION. SWORN TO BEFORE ME THIS DAY OF 0¢tober, 2000 CAROL A. MILLER Notary Public, State of No, 01MI6003086 Qualified in Suffolk County C~l~ ~ims Febru~ 7 Boa~of Trustees Application AU'~ORIZATION (where the applicant is not the owner) Susan Cleveland, Executrix of the Estate of 3ohn B. Whiteside (print owner of property) residing at2606 Rockin~ham Dr.s (mailing address) Austin, Texas do hereby authorize Rudolph H. Bruer (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) Susan Cleveland, Executrix 8 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Estate of John B. Whiteside SCTM#1000- 064.00 - 01.00 - 030.002 YOU ARE HEREBY GIVEN NOTICE: i. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: To clean out overgrowth, leaves, branches from the top of the bank down to the edge of the upland growth . Trim up some trees. Apply mulch. Replant Ross Rogosa. 2. That Review-is follows: the property which is the subject~of Environmental located adjacent to your property and is described as 801 Maple Lane, Southold, New York 3. That the project which is subject to Environmental Review under Chapters ~2,~7, or 97 of the Town Code is open to public comment on: /~/~/~ You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Estate of John B. Whiteside MAILING ADDRESS: P.O. Box 1452 Southold, NY 11971 PHONE #: (631) 765-1222 Enc.: Copy of sketch or plan showing proposal for your convenience. OCT T ~O~r~ of Tru~=ees Application owner of property) lwhere the &pplioant is not ~he o%nler) residin~ at2606 Rock~ham Dr., do he~e~ au~ize Rudolph H. Brusr .'t tO ~pply for p~rmit(s) f~or~ Susan ~ level&nd, OCT i ~ AJbert J. Krupski, President ,James King, Vice-President Hen~: Smith Artie Poster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765~1892 Fax 1631) 765-1366 BOARD OF 2'OWN 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, . ,.~ .... ._ ....... residing at . Dated: ( s X~9~nature Sworn to before me this ! '7 ~ay of ~3..~.~.,/:~- 200 O ELIZABETH A. FINME NOTARY PUBLIC, STATE OF NEW YORK NO. 4653666 C-' QUALIFIED IN SUFFOLK COUNTy u~M~SSION ~XPm,~S ,,,-. VE;v~. ~,q 3o,i~)1)/ 0C t KPPbI~ANT TR~N~A~TIUNAb DIe,tenURE FORH The Town o£ Southold's Code of Etl~lcs prohibits conflicta or interest on the part of town officers and employees. The purpose of this form Is to provide information which can ~ler~ the gown of possible conflicts of l~ts~e~ a~d allow it to take whatever action Is necessary tO avoid eame~ YOUR NATURE OF APPI, ICATIoNt Estate of JOhn B. Whiteside ' ''!~ .... ~'~' ~baet name, ~tret name, m½ad.le Initial, you are applying tn the name of someone eJae or other entity, such aa a company. If au, the other peraon'e or compan¥'~ name.) (check all that apO, IF.) Tax grfevence Variance Change of ~one App~val of plat E~emptton from plat other t or official map (If "other," name the activity,) Wetland/~r~stee Lands. P~rmit parent, or child) have n relationship with'leaF employee of tbs Town of Sonthold7 "RelatiOnship" by blood, marriage, or be~lne~ lebere~t. 'l"D~inoes intereet" meann a bueine.e, including a pa~ltnerehips in which the town officer or employee hue even[ a partial ownerehip of (or employment by) a corporation In which the torn officer or employee owne more than'{ 5% of ~hareeo x If you anewered "YES," complete th~ balance'Icl ~hl0 form and date and alga vhere indicated. Name of peraon employed by the ToWn of Soubl!old Title or poaition of that pereon Deacrtbe the relatlonehip between yourself (]the applluant) and the town officer or employee. Either ch~ck the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or hie or her e@oume, ~lblln~, parent, or child is (check all that apply)~ A) the owner of greater tha~ 5% of the ~haree of the corporate stock of the applicant (when the applicant tea corporation)/ B) the legal or bbnefictal owner of any tntereat in a noncorporate'entlty (when the applicant Is not a corporatlon)t __c) an officer, director, partner, or ,m~loyee of the applicant/ or . D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Albert J. Krupeki, President James King, Vice-President Henry Smith Artie Foster Ken Poli~voda Town Hall 53095 Route 25 P.O. Box 1179 Seuthold, New York 11971-0959 Telephone (631) 765-1592 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 30, 2000 Rudolph H. Bruer, Esq. 55000 Main Road P.O. Box 1466 Southold, NY 11971 Re: ESTATE OF JOHN WHITESIDE SCTM~64--1-30.2 Dear Mr. Bruer: The roi!owing action was taken by the Board of Town Trustees during its regular meeting held on October 251 2000 regarding the above matter: WHEREAS, Rudolph H. Bruer, Esq. on behalf of the ESTATE OF JOHN WHITESIDE appiied to the Southold Town Trustees for a permit under the provisions of th~ Wetland Ordinance'of the Town ef Southold, application dated October 5: 2000, 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 Townl Trustees with respect to said application on October 25, 200'~ 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 97 of the Southold Town Code, 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 approve the application of the ESTATE OF JOHN WHITESIDE to remove weeds, dead branches and leaves from the top of the bank down tc the edge of the upland growth, trim trees, apply mulch and replant with Rosa Rugosa, with the condition that the hay bales be left in place at the bottom of the bank even after it's planted a~d that the area have mulch or woodchips put on the bank to stabilize it. BE IT FURTHER RESOLVED that this determinatign should not be -considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be pa~d, if applicable, and permit issued within six months of the d~te of this notification. Two inspections are required and the Trustee~ are upon completion of said project. Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees to be notified AJK/lms cc: DEC Telephone (5~5) 765-~. Town Hall 53095 M~in I~oad P.O. Box 1179 Southold, New York 1197 ~ SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, October 23, 2000, the following recommendation was made: Moved by Ken Meskill, secon~ded by Scott Hilary, it was RESOLVED to recommend to the Southold Town Board of T~stees APPROVAL WITH A STIPULATION of the Wetland Perm t Application of the ESTATE OF JOItN B. WItITESIDE 64-1-30.2 to remove weeds, dead branches and leaves from the top of the bank down to the edge of the upland growth, trim trees, apply mulch !and replant with Rosa Rugosa. 80l Maple Lane, Southold The CAC recommends Approval with the Stipulation that the c!eared area be restored to the prior condition and with a submitted and approved vegetation plan. Vote of Council: Ayes: All Motion Carried L