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HomeMy WebLinkAboutColavito, Michael F a � TOWN OF SOUTHOLD TOWN CLERK' S OFFICE SOUTHOLD, N.Y. WETLANDS PERMIT This Wetlands Permit #$ 14 has been granted by the Southold Town Board according to information furnished in Application # 23 filed by Applicant Michael F. Colavito on June 18 19 75 A map of the proposed work will be kept on file in the Town Clerk ' s Office under the application number given. Permit granted to do the following work Construct a Bulkhead Location of property on which work to be done End of a dredged canal off Bayview Avenue on Corey Creek , Southold Creek, Bay or Harbor fronting property Corey Creek Size of work: Length 23 ft. to the corner of the canal and then 35 ' ft. toward the mouth of the canal. Width Height Above High Water 1 foot + - Depth Below Low Water 1 foot + - Yards to be Excavated None Yards to be Filled None Manner in which material is to be removed or deposited Intended use of property Residential Page 2 Conditions if any none Expiration Date --- The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Town Clerk upon receipt by the Town Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemnify and save harm- less the Town, and its officers , agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such opera- tions are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being conducted in conformity with this permit. Signed S E A L Onwn Clerk, Town of Southold - Date December 9, 1975 • WETLAND APPLIC '-ION #22 WETLAND APPLT( ION #23 Public hearing was held on November 18, 1975 on the applications of Michael F. Colavito. Present were Supervisor Martocchia, Justice Louis Demarest, Justice Martin Suter, Councilman James H. Rich, Jr. , and Councilman James F. Homan. Councilman Rich read the Notice of Hearing. NOTICE IS HEREBY GIVEN that hearings will be held by the Town Board of the Town of Southold at the Supervisor' s Office, 16 South Street, Greenport, New York, on November 18, 1975, in the matter of the following applications: 3:45 p.m. upon applications of Michael F. Colavito for permits under the provisions of the Wetland Ordinance of the Town of Southold for the purpose of constructing a bulk- head at the end of a dredged canal, and add sufficient clear fill to the southern property line to eliminate the collect- ion of water in a low area of his property located east of Bayview Road and west of Corey Creek, Southold, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. DATED: OCTOBER 28, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH Te BOKEN TOWN CLERK Proofs of publication were presented from the Suffolk Weekly Times and the Long Island Traveler-Watchman. Councilman Rich: In regard to Application #23, the Conservation Advisory Council approved and this is for the bulkheading and their comment is "Proposed work is needed to maintain dredged canal. " From the Southold Town Board of Town Trustees: "Please be advised that the following resolution was passed by the Board of Southold Town Trustees at a special meeting held on July 12, 1975. "IT WAS RESOLVED that the Board of Southold Town Trustees favorably recommend the approval of Wetland Application #23 by Michael F. Colavito for his property located at Corey Creek and Bayview Road, Southold. " Respectfully submitted, Alvah B. Goldsmith, Chairman In regards to the filling which is covered under the same legal notice, the Conservation Advisory Council approved with the following comment. "Our examination and finding is to permit the existing fill that has been deposited prior to this date to remain but no further fill should be WETLAND APPLIC- - -ION #22 2 r WETLAND- APPLIC ION #23 �. � deposited and we are not approving any further deposition of more fill. " And it is signed by Frank A. Kujawski, Jr. Chairman of the Conservation Advisory Council. From the Board of Town Trustees: "Please be advised that the following resolution was passed by the Board of Southold Town Trustees at a special meeting held on July 12, 1975. "IT WAS RESOLVED that the Board of Southold Town Trustees does not recommend the approval of Wetlands Appli- cation #22 by Michael F. Colavito on property located on Corey Creek, Southold, New York. "The Board of Southold Town Trustees requested of Mr. Colavito that he not fill the wetlands area that he proposes. We have agreed to contact the Mosquito Commission on his behalf and suggest to them that they open a mosquito ditch through this area and connect it to the main part of Corey Creek. This would eliminate the mosquito problem and the flow of current would prevent any further stagnation. " Respectfully submitted, Alvah B. Goldsmith, Chairman There is a permit here that was issued by the New York State Department of Environmental Conservation for this work already. Supervisor Martocchia: Is there anyone here representing Mr. Colavito? Town Clerk Judith Boken: He' s at a meeting in Riverhead and if he is not here, he would like to have that read. Councilman Rich: This letter is addressed to Southold Town Board, Office of the Town Clerk, Southold, New York, Attention Judith Boken, Town Clerk. Dear Mrs Boken: This letter will serve to confirm our telephone chat of November 7, 1975, and per your advice is directed to the Town Board.- On November 18, 1975 at 2 p.m. I must appear at a hearing called by the Department of Environmental Conserva- tion (D.E.C. ) in Riverhead. This hearing was scheduled on October 2, 1975 and I have been informed cannot be cancelled. In light of the fact that the town Board hearing is also scheduled for November 18, 1975, although at 3:45 p.m. , it seems likely that I may be late or not make the hearing at all. I will, however, make every effort to attend if humanly possible. WETLAND APPLIG '.CON #22 3 r WETLAND APPLIC___1ON #23 For the record let me state that I feel the permits requested are reasonable and will not adversely effect Corey Creek or the adjacent wet lands. The first application (#22) is for minor filling of a low area to eliminate a stagnant water problem. Suffolk County, in the last week or so, dug a mosquito control ditch , to correct the problem. It did not have the desired effect of eliminating the accumulation of water. Limited filling seems to be the only viable solution. The original permit I received from the D.E.C. , which permitted me to build a house on the property, contained a restriction that I was not to "construct anything or disturb vegetation south of a line 570' from Main Bayview Road. " The area in question is well within the 570' limit. There- fore, it appears that the D.E.C. has already given its approval (see permit enclosed) . I hope the Town Board concurs. I would also like to add that the area in question is not a tidal marsh land, in my opinion. I believe this area falls within the definition as handed down in the recent State Supreme Court ruling by Justice Gordon Lipetz , who said in essence "although it may look like a tidal marsh it doesn't act like one. " The second application (#23) relates to a bulkhead to control tidal erosion of a bank at the end of a man-made canal. This erosion creates an over-hang of over a foot and the bank collapses periodically. This past summer it collapsed under the weight of my wife who is 120 lbs. (she agreed to let me reveal her weight on this one occasion) . She was thrown into the water and fortunately only sustained a drenching. This is a potentially dangerous situation (see photo enclosed) . Thank you for your consideration. /s/ Mike Colavito Supervisor Martocchia: You have heard the reading of the legal notice of Michael Colavito, the applicant, and the legal notices in the local papers and proof of publication, the recommendation of the Southold Conservation Council in reference to the bulkhead which they recommend approval, the Southold Town Trustees in reference to the bulkhead where they recommend appoval, the Southold Conservation Council in reference to the fill they recommend no further filling, The Southold Town Trustees in reference to the filling say no further filling in that wetland area. They also indicated they were going to check with the Mosquito Commission and that last letter I just heard says the Mosquito Commission WETLAND APPLICI= ON #22 4 WETLAND 'APPLICi_--ON #23 . -has been there and they did not achieve the results they were looking for. With all that covered, apparently we are not going to hear from Mr. Colavito. Does anyone else wish to speak in behalf of those two applications, one for the filling and the other for the bulkheading? Does anyone wish'_ to speak in opposition? Do you think we should recess this hearing, Mr. Tasker, until Mr. Colavito can put in an appear- ance at a further hearing and give him a chance to speak for himself even though the letter was here or shall we close out the hearing? Mr. Tasker: You can do that. Supervisor: I would like to make a recommendation that we recess this particular hearing for an hour. It was made, seconded and carried to recess the hearing for an hour. The hearing on the above applications was reconvened at 4:55 p.m. Supervisor: The hearing was recessed at 3: 55 and it is now 455, to wait for Mr. Colavito to appear in person. Having not appeared and there being no further imput and the time has lapsed, I declare this hearing closed and the determina- tion will be made at a later date. Respectfully submitted, Muriel Brush, ecretary LEGALNOTICE �' NOTICE OF HEARING' COUNTY OF SUFFOLK •NOTICE IS HEREBY GIVEN l STATE OF NEW YORK ' that hearings will be held by the Town Board of the Town of .Southold at the Supervisor's Of j fice, 16 South Street, Greenport, ` Sherley Katz, being duly sworn, says that she is an New York,on November 18, 1975, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, in the matter of the following applications: i ❑ public newspaper printed at Southold, in Suffolk County; 3:30 p.m. upon the application and that the notice of which the annexed is a,printed copy, of Henry C. Weismann for a permit under the provisions of the has been published in said Long Island Traveler-Watch- 'Wetland Ordinance of the Town of I man once each Week for Weeks Southold for'the purpose of re- i ........................................ moving material from an existing j successive) commencing on the ....�... canal and depositing same behind J Y• 9 ............................. a proposed new bulkhead at his I f . ....... property on the southeast termin- day of )9E us of Tarpon Drive at Arsha- momaque,fronting on an existing canal on the south side of the Iproperty. _ .. ................................. 3:45 p.m.upon the applications ! of Michael F,Colavito for permits under the provisions of the Wet- land Ordinance of the Town of Southold for the purpose of con- Sworn to before me this ....7................ day at structing a bulkhead at the end of (�j� Z a dredged canal, and add suffici- ent `'• !�• ••..•.•..........., 19..�.�... clear fill to the southern property line to, eliminate the collection of water in a low area of his property located east of Bay- view Road and west of Corey Creek, Southold, New York. G l � � Notary Public i All persons interested in said matter shall appear at the time _ and place above specified and will be given an opportunity to•be i / heard. �� ' C«� 3 3 U V' DATED: OCTOBER 28, 1975 • BY ORDER OF THE; Cry/„ ' SOUTHOLD TOWN BOARD C� JUDITH T.BQKEN TOWN CLERK is ael Coloh�-Vx November 12 , 1975 Southold Town Board Office of the Town Clerk Southold, N.Y. '11971 Attn: Judith Boken Town Clerk Dear Mrs . Boken: This letter will serve to confirm our telephone chat of November 7,1975 , and per your advice is directed to the Town Board. On November 18, 1975 at 2PM I must appear at a :_ hearing called by the Department of Environmental Conservation (D.E.C. ) in- Riverhead. This hearing was scheduled on October 2 , 1975 and I have been in- formed cannot be cancelled. In light of the fact that the town Board hearing is also scheduled for November 18, 1975, although at 3 : 45PM, - it seems likely that I may be late or not make the hearing at all. I will, however, make' every effort -to attend if humanly possible . For the record let me state that I feel the permits requested are resonable and will not ad- versely- effect Corey Creek or the adjacent, wet lands . The first application (#22) is for e_�" minor filling of a low area to eliminate a stagnante water problem. Suffolk County, in the last week or so , dug a mosquito control ditch to correct_ the problem. It did not have the desired effect of eliminating the accumu- lation of water. Limited filling seems to be the only viable solution. The original permit I received from the D.E . C. , —which permitted me to build a house on the property, contained a restriction that I was not to "construct anything or disturbe 'vegetation south' of a line 570 ' from Main Bayview Road. " The area in question is well within the 570 ' limit. Therefore , it appears 198 Derby Street, East Williston, N.Y. 11596 cWkAael FC'®kv.In' Page 2 Southold Town Board November 12 , 1975 that the D.E. C. has already given its approval (see permit enclosed) . I hope the Town Board concurs . I would also like to add that the area in Question in not a tidal marsh land, in my opinion. I believe this area falls within the definition as handed down in the recent State Supreme Court ruling by Justice Gordon Lipetz, who said in essence "although it may look -like a tidal marsh it doesn' t act like one . The second application (#23) relates to a bulkhead to control tidal errosion of a bank at the end of a man-made canal . This errosion creates an over-hang of over a foot and the bank collapses periodically. This past summer it collapsed under the weight of my wife who is- 120 LBS. (she agreed to let me reveal her weight on this one occassion) . She was thrown into the water and fortunately only sustained a drenching: This is apotentially dangerous sit- uation (see photo enclosed) . Thank you for your consideration. Very truly yours , 198 Derby Street, East Williston, N.Y. 11596 ` V.EW Y-ORK STATE DEPART,IEN1 ENVIRON14ENTAL CONSERVATION PrRMiT p;o.TW-15276-0106 PERMIT UNDER ARTICLE 25, TITLE 2 (TIDAL WETLANDS) , OF THE ENVIRON'KENTAL CONSERVATION LAW _ I A PPL I CA i7l' Michael F. Colavito APPLICANT 'S ADDIRESS 198 Derby Street, Wast Williston, New York 11596 APPLIUKr 1S HEREBY PERiIITTED TO: I Construct 1-family home, fill approximately 260 cubic yards to bring to grade, and septic• systems, in accordance with amended work plan. LOCATION TOWN, COUNTY Main Bayview Road _ Southold, Suffolk County SECTION OF TIDAL WETLAND TO WHICH THIS PERMIT APPLIES Corey Creek NOTE: (a) This permit does not relieve the Applicant of responsibility for damages to riparian owners or others. (b) If the structure or work herein authorized is not completed on or before December 31, 19 75 , or upon the completion of the inventory of tidal wetlands for this area pursuant to Article 25 of the Environmental Conservation Law, whichever occurs first this permit, if not specifically extended , shall cease and be null and void. CONDITIONS 1. The permitted work shall be subject 5. Any material to be placed as fill to inspection by an authorized representative either in the waters ' of the State or on of the Department of Environmental Conserva- shore above the high-water mark, shall be tion who may order the work suspended if the contained by a suitable bulkhead or other- public interest so requires. structure to prevent any erosion of the . k fill back into the waters of the State. 2. The Applicant shall file in the office of the Local Tidal Wetlands Permit Administrator 6. There shall be no unreasonable a notice of intention to commence work at least interference with navigation by _the work 5 days id advance of the time of commencement herein authorized. and- shall also notify him promptly in writing of the completion of the work. 7. The Department reserves the right to reconsider this approval at any time 3. - As a condition of the issuance of this and after due notice and hearing to con- permit, the Applicant has accepted expressly, tinue, rescind or modify this permit in by the execution of the petition, the full legal such a manner as may be found to be just responsibility for all damages, direct or indirect, and equitable. 11 upon the expiration or ,of whatever nature, and by whomever suffered, revocation of this permit , the modificatio arising out of the- project described herein and of the tidal wetland hereby authorized has has agreed to indemnify and save harmless the State not been completed , the Applicant -shall, from suits, actions, damages and costs of every without expense to the State, and, to such name and description 'resulting.from the said pro- extent and in such time and manner as the ject. Department of Environmental Conservation may require , remove all or any portion of 4. Any material to be dredged°under this ' the uncompleted sLIuCture or fill and proposal shall bo removed evenly without leaving; restore the site to its former condition. large refuse piles, ridges or deep holes across No claim shall be made against thy StaLe , the bed of the tidal wetland. New York on account of any such removal or alteration. g, r1'he State of New- York shall in no case 11. , This .permit shall n'ot be construes' he .11aM e far any damage or injury to the work j as conveying to the Applicant any right herein authorized which may be caused by or, result to trespass upon the lands of others to from future operations undertaken by the State for perform the permitt,ed, work 'or as authoriz- any purpose, and no claim or right to compensation ing the impairment of any, right, title or shall accrue from any such damage. interest in real or personal property held or vested in a person not a party to the 9. if the display of lights and• signals on permit, any work hereby authorized is not otherwise provided for by law, such lights and signals as 12. -',Nothing in- ,this permit shall be may be prescribed by the United States Coast deemed to affect the responsibility of Guard shall be installed and maintained by ,and the Applicant to comply with any applicab: at the expense of the Applicant. . I Rules and Regulations of the U. S. Army Corps of Engineers or any other govern- I0. All work carried out under -this permit* mental agency having jurisdiction. shall be performed in accordance with established engineering practices and in a workmanlike .manner. ADDITIONAL CONDITIONS:' ; . .13.. No construction or disturbance of vegetation south of line 570` from Main Bayview Road.._ 14': No disruption of adjacent tidal marshes is to take place.- 'The lace:The Applicant in accepting this 'ptrmit signified his agreement to abide by the conditions set forth above. APPLICATION DATE EXPIRATION DATE PERMIT ISSUED —� October i, 1974 December 31, 1975 December 17, 1974 BY (PERMIT AUPtiN1ST1:ATOR) NAME AND AUD1tL'SS _ Department of Environmental Conservation � Central Tidal Wct an s 1'cru�it t cTiiiiui'strat r � 0 Wolfl:oa , Albany,' NY 201 • _ t i 1 _ ars'+ryN o .^ n 'rrr 7 +rrt.y {�Pry'� � ,z;,,f gty,. dMMj P•� ly,�,,,r;F �; jaa,�,rx-�'' t ;J� 1: _ t 1 r : s b e e n essu a'n 2h a'r���9'r �'�.ey, y {y�� �`.`� r°'q ��ue 'd f I i. t 0 lj ® ��7�)r; `3} (,R' ;+4:• -x'':! �•iS";fe '�' `>s�, �'�' Ott ,fi' &S 4St�.��t �.y �tJ a ® to er ,t Si' +.- s 1: ,"ecr`� .} !q �7!�t•,,'L.,errx r,•ria ,b ;� �!� R•,.:A�xT 1• ''•Rs^.•.�' '+ +, r y k xr a j G eZ 4.� lkta �•'�, �f l PA wtp .,•i* `]xerh 4p9 `1,= �_•. �� vf' '13 y! ^cL^ !' ��' �5 ! - �y�1e s ® f U � '��n ei U M�.il' i� a �r!S 'i• w W),: '!r n.•,r?.., �, .e •h eewv rtSa.e. n.`:�' xy �l`h-1 r '� ' + + � w v fi„ e:.M:r. e'� d zt f'=`p fVh '$, rt` _ .e.�'. +'� m.,, tel.^�,�'n,7rfrm `�i''G6^•� a?''m",h.,.iR�`a'FS-�•+• 'rrA, ? 1 fir= tt' f h� a :a l• - 'f �t !f i f ! •n. I� ,a." {$ �. ! xt� p •'fir, . fS- c; r'%NS R.►�` 2, it s ..lb r d rtR. 9 fJ 5 i7 ' sl wVy7 !:. » 5i r .!' H n n "', rx,. eeYr•'s v x ry n f or. V,,4 F---"T[" x y� ''7 +' „�,+<ti3i' ,�11in E a �,•,nk' •f,�,i �'_`. `: _.. :��'i. i,uz" Ct c.a�• r oa u n d e r t h e Enviro _ mental o n serer a t Ion Lawr _ t It rh ci e Tit I e 2 ( Tid al Wetlands) Permit Administra or New York State ®ate • Issued DOartment of Environmental Conservation °+VR-93 , Expiration Date r i I STATE OF NEW YORK: SS : COUNTY OF SUFFOLK: JUDITH T. BOKEN, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years ; that on the 10th day of November 1975 , she affixed a notice of which the annexed printed notice is a true copy,, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, N.Y. 11971 Notice of Hearing - 3 :30 P.M. , November 18, 1975 -application of Henry C. Weismann for a permit under the provisions of the Wetland Ord Notice of Hearing - 3 .45 P.M. , November 18, 1975 - applications of Michael F. Cd)lavito for permits under the provisions of the Wetland Ild Judith T. Boken, Town Clerk Sworn to before me this 10th day of November , 1975 otary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New Yolk No. 52.8125850, Suffolk Cou ty, Term Expires March 30, 19 �l LEGAL NOTICE NOTICEOF HEARING` --NOTICE'IS:HEREBY GIVEN f that hearings will be held by t -Town -Board of the Town-of Southold at the Supervisor's Office, 16 South Street, Green- y port,New York,on November•18, 1975, in the matter of the j a following applications: COUNTY OF SUFFOLK, 1 3:30 P.M. upon application of Henry C.Weismann for a perm:$ STATE OF NEW YORK, � ss under the provisions of the j Wetland,Ordinance of the Town of Southold'for the purpose of . . . . . .Stuart .C... •Dorman. . . . . . . . . . . . . being duly Sworn, removing material from an a existing canal and depositing says that . . .he. . , is Printer and Publisher sof the SUFFOLK f same behind a proposed new WEEKLY TIMES, a newspaper published at Greenport, in said sout! bulkhead at his property on the ) �p P F Drive.- atast a Alnus shamfomaque,- county; and that the notice, of Which the 4annexed is rot printed r fronting on.an,existing canal on ` the south side of the property. copy. has been publishers in the said Suffolk Weekly Times ` 3:45 P.M. upon applications of One (1) Michael F Colavito for permits once in each Week, for . . . . . . . . . weeks under the .provisions of the Successively commencing on the . . . S 1:K.t4. i Wetlands Ordinance of the Town 7 5 ° • • • of Southold for the purpose of d of day 19. . constructing a bulkhead at the ° end of a dredged canal, and add . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . sufficient clear- fill to the . .� southern ' property line to Sworn to a rine this . . .4x. . . . . . ; eliminate"the collection of water in a low area of his property day of ` located east of Bayview Road and west of Corey Creek, Southold, • ° ° ' ' ' /.; • . . . . . . . New York. I • �� . . , All persons interested in said sJ , matter shall appear at the time and place`above specified and Pf1 NC't - 1"DIFG3,lIS� will be given an opportunity to be 110TA13Y PU13". Stato of Now x"09 ` heard. Countg !_SSSC.1:eC a11.t DATED: OCTOBER 28, 1975clk -• !,,=tea 30,19..7 _ BY ORDER OF THE - .�r� SOUTHOLD TOWN BOARD, ` JUDITH T.BOKEN TOWN CLERK 1TN6-2151 _- LEGAL NOTICE_ NOTICE OF HEARING-, 1 COUNTY OF SUFFOLK NOTICE IS HEREBY GIVEN 1 STATE OF NEW YORK } that hearings will be held by the Town Board of the Town of,� Southold at the Supervisor's'Of- Tice, 16 South Street, Greenport, New York,on November 18, 1975,'l Sherley Katz, being duly sworn, says that she is an in the matter of the following ,I Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, application's: a public newspaper printed at Southold, in Suffolk County; 3:30 p.m. upon the application ' of Henry C. Weismann for a. iand that the notice of which the annexed is a printed copy, permit under the provisions of the Wetland Ordinance oftlieTown of has been published in said Long Island Traveler-Watch- Southold for the purpose of re man once each / moving material from an existing week for ........: .............................. Weeks canal and depositing same behind successively, commencing on the ...... ..... .............. a proposed new bulkhead at his property on the southeast termin- us�of Tarpon Drive at Arsha j day of ••••••% :...................... 19.75... momaque,fronting on an existing canal on the south side of the property. — f ..... ................................ .................. ............ 3:45 p.m.upon the applications of Michael F. Colavito for permits under the provisions of the Wet- land Ordinance of the Town of 'I Southold for the purpose of con- structing a bulkhead at the end of Sworn to before me this ........... ..... day of a dredged canal, and add suffici' ent clear fill to`- the southern •••. ......•...•....... 19.1 property, line to eliminate the collection of water in a low area of his property located east of Bay- view Road and west of Corey Creek, Southold, New York. All persons interested in saidNotary Public matter shall appear at thell will i and place above specified and will , be given an opportunity to be f heard. ��_ 416 /6 f 3 DATED: OCTOBER 28, 1975 �•�- BY ORDER OF THE . SOUTHOLD.TOWN BOARD JUDITH T.BOKEN TOWN CLERK 1T-11/6 LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN thathearings will be held by the Town Board of the Town of Southold at the Supervisor ' s Office, 16 South Street, Greenport, New York, on November 18, 1975 , in the matter of the following applications : 3 :30 P.M. upon application of Henry C. Weismann for a permit under the provisions of the Wetland Ordinance of the Town of Southold for the purpose of removing material from an existing canal and depositing same behind a proposed new bulkhead- at his property on the southeast terminus of Tarpon Drive at Arshamomaque, fronting on an existing canal on the south side of the property. 3 :45 P.M. upon applications, of Michael F_ Colavito for permits under the provisions of the Wetland Ordinance of the Town of Southold for the purpose of constructing a bulkhead at the end of a dredged canal, , and add sufficient clear fill to the southern property line to eliminate the collection of water in a low area of his property located east of Bayview Road and west of Corey- Creek, Southold, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. DATED: - OCTOBER 28, 1975 BY ORDER OF THE S OUTHOLD TOWN BOARD JUDITH T. BOKEN TOWN CLERK -2- PLEASE PUBLISH ONCE, NOVEMBER 6, 1975 , AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO JUDITH T. BOKEN, TOWN CLERK, TOWN OF SOUTHOLD, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to : The Suffolk Times The Long Island Traveler-Mattituck Watchman Henry C. Weismann Michael F. Colavito N .amined ............. .... ...... . _ _ C���4 i Approved ................................................................ Disapproved ........................................................... .Y t Conditions, if any ®1.. ... '! ..... ...... . .....a... .....4..ox U-01 .... �• ........................................................................................................................................... .................................................................................................................................................................. ExaminingBody ................. ...................'.........._................................................................................ Z-) Signature of Chairman ........ '. . ti. ..... . ................................................... APPLICATION IS HEREBY )MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws,. Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit rraauested-to construct a bulkhead at the end of a dredge canal .................................................................................................................................................................. Location of prope;-ty for which permit wanted... .Bavvi ew•Ave ••& Corey Creek.......................................... .................................................................................................................................................................. Home address of permit applicant if different from aforesaid location ....19.8-Dezby..StxeLt„t�... East Williston, LI , NY 11596 .................................................................................................................................................................. Creek, Bay or Harbor fronting property .........Qorey....Cze.ek.............................................................. .................................................................................................................................................................. Size of proposed work: 23'--F— To the corner of the canal and then 35 ' .�-_..,,,, ow,ard,. Length .................. ..................................................................................................... the mouth of the canal Width ..................................................................................................................................................... Height Above High Water ..l Foo + � ........................................................................... Depth Below Low Water .. Foot Yardsto be Excavated .........Nane................... .................................................................................... Yards to be Filled , None .,-..Bulkhead to be erected a7ainst -bank.•..,...,.•.•.....•..•.••• Width of canal, creek or bay fronting property........Caval...is... ...CXXIa •••11:cLat-acre is 75 ' . DDept at Lo: 3•,feet + epth v Tide ..._.................................................................................................................... BOAOOTOW� STEES O�N QTR SOUTHOLD, SFFOL 1 COUN Telephone Ey 516 - 765-3783 Southo cL! Ia�N. . 11971 July 14, 1975 Southold Town Board 16 South Street Greenport, New York Gentlemen: Please be advised that the following resolution was passed by the Board of Southold Town Trustees at a special meeting held on July 12, 1975: "IT WAS RESOLVED that the Board of Southold Town Trustees favorably recommends the approval of Wetland Application # 23 by Michael F. Colavito, on his property located on Corey Creek at Bayview Road, Southold, N.Y. " Respectfully submitted, Alvah B. Goldsmith, Chairman Board of Southold Town Trustees ABG/bn OFFI ERK c- D JUDITH T. 60KEN �o� TELEPHONE TOWN CLERK 765-3783 REGISTRAR OF VITAL STATISTICS Zi L SOUTHOLD, L. I., N. Y. 11971 August 4, 1975 Mr. Frank Kujawski, Jr. , Chairman Conservation Advisory Council Mattituck, New York 11952 Dear Mr. Kujawski: Enclosed herewith, please find wetland application no. 25 submitted by Henry C. - Weismann. Also enclosed, please find copies of copies of transmittals of the following wetland applications: Application No. 22 for wetland permit submitted by Michael F. Colavito. Application No. 23 for wetland permit submitted by Michael F. Colavito. Application No'. 24 for a wetland permit submitted by Pierce Yacht Basin, Inc. Amendment to Application No. 24 for wetland permit submitted by Pierce Yacht Basin, Inc. We have been awaiting your reports and recommendations on the above applications for- some time and would appreciate receiving them at your earliest convenience. The next regular meeting of the Southold Town Board will be held on August 12, 1975. Very truly yours, Judith T. Boken JTB/bn Town Clerk 0FFI ` - ERK T D JUDITH T. BOKEN ®s�rp TELEPHONE TOWN CLERK '}®/ 765-3783 REGISTRAR OF VITAL STATISTICS ,( SOUTHOLD, L. 1., N. Y. 11971 June 189 1975 Supervisor Albert M, Martocchia Southold Town Board 16 South Street Greenport, Ne-.1 York 11944 Dear Mr, Martocchia: Transmitted 'herewith is application No, 23 for a wetland permit submitted by Michael F, Colavito, Copies of this application have been forwarded to the Board off Town Trustees and Conservation Advisory Council for their report of findings and recommendations, Ver, truly yours, 6; Judith h T, Boken To-v.m Cl erk JTB/bn OFFI , °V ERIC JUDITH T. B❑ 765-3783 KEN ®� �,� D TELEPHONE TOWN CLERK y,�f1` ,,� REGISTRAR OF VITAL STATISTICS VVd 1* SOUTHOLD, L. I., N. Y. 11971 June 18, 1975 Mr. Alvah B. Gpldsrrt th Chairman Southold Toon Tr_nstees Town Clerk's Office Main Road Soathojd, New York 11971 Bear Mr. Goldsmith: Transmitted herewith is application No. 23 for a wetland permit submitted by Michael Fa Colavito. Piease prepare a written report of findings and recon-Impdations Stith respect to this application and submit said report to the Southold Town Clerk i-ithin 20 days of receipt of this letter. Very truly yours, th T. Bok6n Toim Clerk JTB,/bn ,n 4 OFFI 'r ERK o "a ` D JUDITH T. BOKEN ®,� TELEPHONE TOWN CLERK ®f ® 765-3783 REGISTRAR OF VITAL STATISTICS ,( SOUTHOLD, L. I., N. Y. 11971 C June 18, 1975 Nr© Frank knjawski, Jr., Chairman Conservation Advisory Council Mattituck, New York 11952 Dear Mr,, Ktjawski: Transmitted herewith is application No, 23 for a wetland permit submitted by Michael F. Colavito. Please prepare a written report of findings and recommendations iyith respect to this application and submit said report to the Southold Tocm C1FrIt within 20 days of receipt of this letter. Very truly yours, Judith T. Boken Toirn Clerk JTB/bn l June 10, 1975 Board of Town Trustees Town of Southold Southold, N.Y. 11971 Gentlemen: Enclosed is my executed application for a permit to erect approximately 70 feet of bulk heading. on the banks of a dredged canal located on my property. The purpose of this construction is to afford me a docking facility for my boat. This facility will be used for my own private purposes . The tidal action, particularly in the winter months causes portions of the bank to collapse into the canal . Therefore , this bulkhead will also serve to shore up the bank. I estimate that there will be minimal filling in back of the bulkhead since it will conform to the contour of the existing bank. Attached is my check for $25 and a photo- copy of the original survey indicating proposed location of the bulkhead and the possible addition of a floating dock which will be removed during the winter months . Since this is a man made dredged canal I wasn' t sure whether it is considered "town water"; however, I thought it best not to go ahead with the erection until I received permission from the Board. I would appreciate it if you could review this application as soon as possible as I would like to moor my boat in the canal and utilize it this summer. Very truly yours , Enc. 198 Derby Street, East Williston, N.Y. 11596 Town Of Southold Town Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT . I Application No. ....`'� ................. Date of Application ...yt ......�f5d. .../.�. I ' Identity of Applicant .....-Michael...F.....Calay. �a......................................................................... 198 Derby Street, East Williston, LI,NY. 11596 Addressof Applicant ............................................................................................................................. INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter permission from the owner of the property if not the some''as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application) C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. If permit is being sought for a more sizeable excavation than the construction of a private -single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revolted or suspended by a governmental'! agency. G. A filing fee of $25.00 shall accompany the application. This filing fee includes one inspection, there is a $5.00 fee for each additional inspection. H. The Town Board upon request of, the applicant for a permit, may waive in whole or in part, the provisions of Article 11, Section 210, subdivisions (d) and (g) where it finds that nature of the proposed operations are such. that 'the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit_shall be available for inspection at any time, upon request. i 1 � y Examined .................................................. 19....... Approved ................................................................ Disapproved ........................................................... Conditions, if any ................................................•................................................................................ .................................................................................................................................................................. ................................................................................•................................................................................ ExaminingBody ....................................................,................................................................................ Signatureof Chairman ........................................•................................................................................ APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit rpouested-to..construct- -a bulkhead _at the end of a dredge canal .....................................................................................................:........................................................... Location of property for which permit wanted....,.Bayview Ave . & Corey Creek ................................................................... •................................................................................................................................................................. Home address of permit applicant if different from aforesaid location ....19.8–Derby...StzP.Pat... East Williston, LI , NY 11596 •................................................................................................................................................................. Creek, Bay or Harbor fronting property ........J.Qrey...Gxe.ek.............................................................. .................................................................................................................................................................. Size of proposed work: 23 '–T,- To the corner of the canal and then 35 ' h - Length ......e.....m..o...u..t.........f..........e......... ...l.. .f. ..............,..................................................... .......tow-ard.. th o - thcana.. Width ..................................................................................................................................................... Height Above High Water 1Foot + + ........................................................................... DepthBelow Low Water .......1..Foot... ............................................................................................... Yardsto be Excavated .........N=e.,....................................................................................................... Yards to be Filled __None - Bulkhead to be erected against bank Width of canal, creek or bay fronting property........ ...frontage is 75 ' . Depth at Low Tide 3 feet + ..........................,................................................................................ AverageRise in Tide ....3 Feet........................................................................................................... Is this for private or business use? ................Private use ......................................................................................... ' residential AreaZoning ............................................................................................................................................. Manner in which material will be removed or deposited ........ ............................................. . .................................................................................................................................................................. Intended use of property ...The existing bank is collapsing into the canal..,,,, I want to secure the bank so i can moor-my boat. ................................................................................,....................................................................... Written consent of owner of property, if not the some as the applicant ........................................ Not applicable , .........4................... ................................................... ........\....................................................................... .........\......................�...............................................................\....................................................................... COUNTY OF ) -- STATE OF NEW YORK �1�c�l9AL F O r.Ad *® . . . .... . . .. being duly sworn deposes .................. ... ................... ................... and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done,in the manner set ,forth in this application and as may be approved by the Town Board of the Town of Southold. The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and claims arising under or by irtue of said permit, ; gra ted. . . . . . .... ..... ..... . .................... .. ............ i nature of Applicant Sworn to before me this ........ ............. day of ......... x:fK?KQ, 1925.. .........4...........��O�ta --�u. ..`� ... .. r'�.. blic JOHN T. 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