HomeMy WebLinkAboutFranken, Wilhelm TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
SOUTHOLD, NEW YORK
WETLANDS PERMIT
This
Wetlands Permit No. ....139.......... has been granted by the Southold Town Board according to
information furnished in Application No. .... 66 filed by Applicant The Use Com•par).y
......... ..... ....
on behalf of
..Wilhelm F,rar ken on .59ptomber...2G... 19,83...... 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 .AP9PJlize..AJjMJ?.Q.r..law).lead..3u bose..1ocation..was..mis.
represented by a former permit agent and as a result, a violation of NYSDEC regulations
occurred. Therefore;„ 17. ft, of,bulkhead is to ba„r.Qmo W,,,,aCl.,"LJ !„Sktapeii..buikhread
...................... ................ .... .... ......... .....
installed, as� well as 155 ft. of new bulkhead to connect with existing structure at basin
entrance. Additionally, 1000 sq. ft. of int. .. J„�pa�;sJa wj.I.L.be...crealed..utilizinr3..dredged
spoil”from"mainfenarice'dredging.-of-.6asin..t775 cu. yd.) all as part of a Stipulation Order
issued by the NYSDEC.
Location of property on which work to be done ......$n.tAg..Harbgr..Road....Gr:een}aart,..New..Y.ark
.................................................................................................................................................................
.................................................................................................................................................................
Creek, Bay or Harbor fronting property dredged,•basn„in G4!11..PQxtd... :......f.............�
.......................................................................................................................... ......:..�.; ....................:...
l 1
.
Bulkheadin - 281 ft Dred in area maximurfii of 140 ft
Size of work: Length ....................... .................-.,............9....9..............................7.. ........ ..... .....-
WidthDred�in� Area maximum of 75,f.............................................................
Height Above High Water Bulkhead...-...4..ft.
. .. ..................................................................
Depth Below Low Water after dredging 6„ft.,,at MLW -„preserjft.,3„ft,, Flyp,rage.
Yards to be Excavated ...775. cubic yards of sand
...... ..........................................................
Yards to be Filled ,500-cubic yprds.to be used to establish man$J.1,...ZZ5„Gu. yd.
.... .... .... .... .... .... .....
to be used as backfill for bulkhead
Manner in which material is to be removed or deposited ...erane,.with clam shell
....................................................
.................................................................................................................................................................
Intended use of property .....Private...-...Residential.. ......... ......................................................................................
.................................................................................................................................................................
d� A MINIMUM OF 1000 SQUARE FEET OF INTERTIDAL MRStJ..5.�jAJnL. BE
oAnNtU, AND 17 FT. OF TIMBER BULKHEAD LOCATED AT THE AEASTERN EDGE OF
THE STRUCTURE SHALL BE REMOVED, ALL AS PROVIDED FOR UNDE,f�„J�(�y,,, ,.„pEPT
..........................
..... .............. .. .. ..
CiF"*EVVTVO*NMENTAL"'CONSERVATION STIPULATION ORDER DATED OCTOBER 2, 1983.
Expiration Date Nov,ember..15..AJ9B.4„J.F..W..Q.RK..HAS..NOT..CQMMEMCED...B.Y...SA1D..DAT E.
Number of Inspections Required I.......a.pYJLN..rLF;.RK..TO...BE..N.QT.I.F.IED..W.HEN..P.ROJECT...1S
('3 COMPLETED.
InspectionFees .....M.RQ....... ... ..r°. .... ..b.......................................................................................... -
Liability Policies in the Amount of .........................................................................................................
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 here-
under 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.
D
The applicant does by the acceptance of this permit, assume all responsibility for operations under-
taken 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 indemni-
fy and save harmless 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 operations are being conducted to
make such inspections as the Town may deem necessary to insure that such operations are being con-
ducted in conformity with this permit.
This operation will not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege-
tation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the town.
Signed .. ... t.,�..�c.�
Town Clerk, Town of SouthZl �
S- E A L
/ r
November 15, 1983
• � � Date.........................................................................
1
A
Town Hall, 53095 Main Road
Kill
P.O. BOX 728
Southold, New York 11971
JUDITH T TERRY ° TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL S1 A I'ISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 18, 1983
Charles W. Bowman
The Land Use Company
Albo Building, Route 25A
Box 2521
Wading River, New York 11792
Dear Mr. Bowman:
The Southold Town Board approved your Wetland Applications
on behalf of Ernest Wilsberg, Maureen Sullivan, and Wilhelm Franken
at their December 15th meeting.
Upon receipt of $5.00 inspection fee for each Permit (total $15.00) ,
the permits will be forwarded to you by return mail.
Very truly yours,
Judith T. Terry
Southold Town Clerk
A
�°� y;L'``r� C'F'1:•. ri'c*'S: "Sam.
Town Hall 53095 Main Road
P.O. Box 728
r { Southold, New York 11971
JUDITH T.TERRY x TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL S1 A I•ISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 18, 1983
To: (Southold Town Building Department
From: Judith T. Terry, Town Clerk
Transmitted herewith are the following Wetland Permits which require
two ,inspections of each project. You may make the first inspection whenever
you determine feasible, and I will notify you wne the projects are completed
so you may make the second inspections;
Permit No. 137 - The Land Use Company, on behalf of Ernest Wilsberg
Permit No. 138 - The Land Use Company, on behalf of Maureen Sullivan
Permit No. 139 - The Land Use Company, on behalf of Wilhelm Franken
Permit No. 140 - Ron Dobet
Permit No. 141 - Michael J. Hall, on behalf of Frank E Margaret Rosenberg
PUBLIC HEARING
SOUTHOLD TOWN BOARD
3:35 P.M.
November 15, 1983
IN THE MATTER OF WETLAND APPLICATION NO® 166 BY THE LAND USE
COMPANY, ON BEHALF OF WILHELM FRANKEN.
Present: Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Absent: Councilman Lawrence Murdock, Jr.
SUPERVISOR PELL: This is a hearing on the wetland application of Wilhelm
Franken. It will be read by Councilman Murphy.
COUNCILMAN MURPHY: "Notice is hereby given that public hearings will be
held by the Town Board of the Town of Southold at the Southold Town Hall,
Main Road, Southold, New York, on Tuesday, November 15, 1983, on the
following Wetland Applications: 3:35 P.M. - in the matter of the application
of The Land Use Company, on behalf of Wilhelm Franken, for a permit under
the provisions of the Wetland Ordinance of the Town of Southold, to construct
bulkhead, dredge, and fill at Gull Pond, on Snug Harbor Road, Greenport,
New York. All persons interested in said matters should...appear•.at-_the time
and place above specified and will be given an opportunity to be heard.
Dated: November 1, 1983, Judith T. Terry,. Southold Town Clerk."
1 have proof of publication from Joan Gustayson of The Suffolk Times,
and from -Pat Wood of The Long Island Traveler-Watchman. Also from the
Town Clerk Judith Terry that it was posted on her bulletin board.
We have a notice from the Southold Town Board of a Negative Determination
that it will not have a significant effect on the environment.
We have a letter from Frank Cichanowicz of the Conservation Advisory
Council: "Application #166 submitted by The Land Use Company on behalf of
Wilhelm Franken to remove 17 ft. of bulkhead and install a "L" shaped bulkhead
as well as 155 ft. of new bulkhead to connect with existing structure at basin
entrance. This application is being given conditional approval until the
Conservation Advisory Council can see that the wetlands will be restored to
Southold Town's satisfaction. Southold."
I have also a letter from Paul Stoutenburgh, President of the Board of
Trustees: "Resolved to recommend to the Southold Town Board approval of
the Wetland- Application ;#1166 submitted by The Land Use Company on behalf
of Wilhelm Franken to legalize a timber;bulkhead by installing an "L" shaped
Page 2 - Public Hearir
Wetland, Application of Wilhelm Franken
bulkhead as well as 155 ft. of new bulkhead to connect with existing structure
at basin entrance. Additionally, 1000 sq. ft. of intertidal marsh will be created
as a condition of State Stipulation Order, * in Gull Pond, Greenport, with the ,
provision that the State has made to remove a 17 ft. section of bulkhead."
SUPERVISOR PELL: Thank you. You've heard the reading of this application.
Anybody wish to speak in favor of this application? (No response.) Anybody
wish to speak in opposition to it? (No response.) Anybody wish to be heard
at all on this? (No response.) If not, I declare the hearing closed.
Judith T. Terry
Southold Town Clerk
COUNTY OF SUFFOLK ss:
STATE OF NEW YORK
NOTICE OF HEARINGS, I Patricia Wood, being duly sworn, says that she is the
NOTICE IS HEREBY GIV Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
EN that public hearings will be a public newspaper printed at Southold, in, Suffolk County;
held by the Town Board,of the
Town of Southold, -at the and that the notice of which the annexed is a printed copy,
Southold Town Hall, Main has been published in said Long Island Traveler-Watch-
Road, Southold,New-York; on
Tuesday, November 15, 1983, man once each week for ................... ....................weeks
on the following Wetland
Applications: successively, commencing on the .............3....................
3:32 P.M. - in the matter of j
the application of The Land day of .......... ......................... 19..g. ?
Use Company, on behalf of
Maureen Sullivan,for a permit
under the provisions of the _I .`... ................. �...� a...r�
Wetland Ordinance -of the
Town of Southold to construct
ramp,float, and two (2) spiles
on Cedar Beach Inlet,'at the
end-of Inlet" Way,_ Cedar 3
Beach, Southold, New York. Sworn to before me thisday of
................................
3:35 P.M. - in the matter of
the application of The,Land
.......... ..a.Y:?�............... 19...x..
Use Company, on behalf of
Wilhelm Franken,for a permit
under the-provisions of the
Wetland Ordinance of the
Town of Southold,to construct
bulkhead, dredge, and fill at ....... .. . ... .............
Gull Pond, on Snug Harbor Notary Public
I Road, Greenport, New York. I CLEMENT J.THOMPSON
3:37 P.M. - in the matter of NOTARY PUBLIC,State of New Yorft
the application of Ron Dobert No.52-9321725
for a permit under the,provi- Residing in Stiffen;County may/
sions, of the Wetland Ordin- Commission Expires March 30,199
ance'of the Town of Southold
to construct catwalk at James
Creek, on Ole JuleLane,
Mattituck, New York.
3:40 P.M. -in the matter of
the application of Michael J.
Hall, Attorney, on behalf of j
Frank and Margaret Rosen-
berg, for a permit under the
provisions of the Wetland
Ordinance of the Town of
Southold, to construct bulk-
heading at,Sterling Creek; on
the south side of Champlin
Place, Greenport,New York.
All persons interested in
said matters should appear at
the time and place above
specified and will be given an
opportunity to be heard.
DATED: November 1, 1983.,
JUDITH T.TERRY
SOUTHO_LD TOWN CLERK
1T-11/3/83(71)
I; STATE OF NEW YORK: i
SS:
COUNTY OF SUFFOLK:
JUDITH T. TERRY, 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 2nd day of November 19 83 ;
she affixed a notice of which the annexed printed notice is a 1
true copy, in a proper and substantial manner, in a most public
place in the Town of Southold Suffolk Count New York to wit : - !
� Y> ,
Town Clerk Bulletin Board, Town Clerk Office, Main Road, {
Southold, New York 11971
Notice of Public Hearings on Wetland Applications - Tuesday, ;
November 15, 1983, Southol d Town Hal 1 , Mai n Road, Southol d,
' New York.
3: 32 P.M. - The Land Use Company, on behalf of Maureen Sul I i vin
3: 35 P.M. - The Land Use Company, on behalf of Wilhelm Frankern
3: 37 P.M. - Ron Dobert I
3: 40 P.M. - Mi chael J . Hal I , on behal f of Frank 8 Margaret
i! Rosenberg
Judith T. Terry
Southold Town Clerk
Sworn to be before me this
1
2nd day of Novembex 1983
Notary Public
ELIZABETH ANN NEVILLE '
NOTARY PUBLIC, State of New York f
No. 52-8125850, Suffolk County
• "
Term Expires March 30. 19�/f
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LEGAL NOTICE I
{{1 NOTICE OF HEARINGS
4i I
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i NOTICE IS HEREBY GIVEN that public hearings will be held by the Town
'Board of the Town of Southold, at the Southold Town Hall, Main Road,
i# Southold, New York, on Tuesday, November 15, 1983, on the following
Wetland Applications:
t
I� 3:32 P.M. - in the matter of the application of The Land Use Company,
1
h on behalf of Maureen Sullivan, for a permit under the provisions of the
; a
Wetland Ordinance of the Town of Southold to construct ramp, float, and two
f
1�
1' (2) spites on Cedar Beach Inlet, at the end of Inlet Way, Cedar Beach, iI
f
Southold, New York. -
f 3:35 P.M. in the matter of the application of The Land Use Company, ,
on behalf of Wilhelm Franken, for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, to construct bulkhead, dredge, j
a
and fill at Gull Pond, on Snug Harbor Road, Greenport, New York.
3:37 P.M. - in the matter of the application of Ron Dobert for a permit
under the provisions of the Wetland Ordinance of the Town of Southold to
construct catwalk at James Creek, on Ole Jule Lane, Mattituck, New York.
F�
j( 3:40 P.M. - in the matter of the application of Michael J. Hall, Attorney, ?
jj on behalf of Frank and Margaret Rosenberg, for a permit under the provisions
of the Wetland Ordinance of the Town of Southold, to construct bulkheading
1� at Sterling Creek, on the south side of Champlin Place, Greenport, New York.
I
1iAll persons interested in said matters should appear at the time and
1; 1
;, place above specified and will be given an opportunity to be heard.
DATED: November 1, 1983.
I JUDITH T. TERRY
'+ I
SOUTHOLD TOWN CLERK
i
PLEASE PUBLISH ONCE, NOVEMBER 3, 1983, AND FORWARD FOUR (4)
�i AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN
t, HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971.
I
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Copies to the following:
The Suffolk Times
�j The Long Island Traveler-Watchman
Town Board Members
j! Town Clerk's Bulletin Board
I The Land Use Company, on behalf of Maureen Sullivan 8 Wilhelm Franken;
Ron Dobert
I� Michael J. Hall, on behalf of Frank & Margert Rosenberg
' I
,.
f Our
Town Hall, 53095 Main Road
P.O. Box 728
° Southold, New York 11971
JUDITH T TERRY TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL STA I'ISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Dated: November 25. 1983
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review and 6NYCRR Part 617, Section —
617. 10 and Chapter 44 of the Code of the Town of Southold, notice
is hereby given that the Southold Town Board, as lead agency for
the action described below, has determined that the project , which
is unlisted- will not have a significant effect on the environment .
DESCRIPTION OF ACTION
Application of The Land Use Company on behalf of Wilhelm Franken
for a wetland permit . Approval is requested for construction of
bulkhead, dredging, and filling on Gull Pond on property located on
Snug Harbor Road, Greenport, New York.
- - The project has been determined not to have a significant effect
on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effect to the environment are likely to
occur should the project be implemented as planned.
Because there has been a response from the Board of Southold
Town Trustees and Southold Town Conservation Advisory Council indicating
that this project would not have a significant effect to the environment .
Because there has been no response in the allotted time from the
New York State Department of Environmental Conservation and the Southold
Town Building Department , it is assumed that there are no objections nor
comments from those agencies. -
Further information can be obtained by contacting Mrs. Judith T.
Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold,
New York 11971.
Copies to: David DeRidder, DEC, Stony Brook
Commissioner Williams, DEC, Albany
Southold Town Building Department
Southold Town Trustees
Southold Town Conservation Advisory Council
Town Clerk' s Bulletin Board
The Land ,Use Company a/c Wilhelm Franken
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
Southold, N. Y.
. FP
October 26, 1983
Mrs. Judith Terry
Town Clerk
Main Road
Southold, NY' 11971
Dear Mrs. Terry:
The foZZowing action was taken by the Conservation
Advisory Council at a regular meeting heZd Tuesday, October
25, 1983.
RESOLVED to recommend to the SouthoZd Town Board approval
of the wetZand appZication #165 submitted by the Land Use Company
on behaZf of Maureen Sullivan to instaZZ a eZevated ramp Leading
to a float secured by two piZes. SouthoZd.
AppZication #166 submitted by the Land Use Company on behaZf
Wi 7, .PZm rank n to remove 17 ' of buZkhead and instaZZ a "L"
shaped buZkhead as weZZ as 155 ' of new buZkhead to connect with
existing structure at basin entrance. This appZication is being
given eonditionaZ approvaZ until .the Conservation Advisory Council can
see that the wetlands wi Z be restored to Southold Town 's satis-
faction. Southold.
RESOLVED to recommend to the SouthoZd Town Board approvaZ
of the wetZand appZication #167 submitted by Ron Dobert to instaZZ
a nature walk and a means to Launch a canoe. Mattituek.
RESOLVED to recommend to the Southold Town Board approvaZ of
the wetZand appZication #168 submitted by MichaeZ J. HaZZ, Attorney
on behaZf of Frank and Margaret Rosenberg to instaZZ buZkheading on
northern terminue of SterZing Creek. Greenport.
RESOLVED to recommend to the SouthoZd Town Board approvaZ of
the wetZand appZication #169 submitted by Frederick FaZconer to
maintenance dredge. Cutchogue.
Respectfully submitted,
FRANK CICHANOWICZ, CHAIRMAN
)42� _/2�c�
By Jane Moffatt, Secretary
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LrI
1 TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
RECl WED P.O. Box 728
Southold, New York 11971
OCT 13 1983 October 13 , 1983
Town Clerk Scufh�ld
Mrs. Judith T. Terry
Southold Town Clerk
Southold Town Hall
Main Road
Southold, New York 11971
Dear Judy:
Transmitted herewith is the action taken by the Board
of Town Trustees at a regular meeting held on October 11,
1983:
RESOLVED to recommend to the Southold Town Board
APPROVAL of the Wetland Application #166 submitted by
The Land Use Company on behalf of Wilhelm Franken to
legalize a timber bulkhead by installing an "L" shaped
bulkhead as well as 155 ' of new bulkhead to connect with
existing structure at basin entrance. Additionally, 1000
square feet of intertidal marsh will be created as a
condition of State Stipulation order, in Gull Pond, Green-
port, with the provision that the state has made to remove
a 17 ' section of bulkhead.
Very truly yours,
Board of Town Trustees
10,10
Paul Stoutenburgh
President
PS:ip
sUAA f5F
�- 'own_Hall, 53095 Main,Road
rt
P.O. Box 728
& R �� Southold, New York 119,71
1
JUDITH T TERRY -' ,�r'' i -TELEPHONE
36wN CLERK (516)765-1801
REGISTRAR OI VITAL S7 AI ISTICS OFFICE OF THE TOWN CLERK
TOWN OF-SOUTHOLD
October 5, 1983
i
Mr. David DeRidder
Environmental Analysis Unit
N.-Y.'S . Dept. of -Environmental Conservation
Building 40, SUNY - Room 219
Stony--Brook, New York 11794
Dear Mr. DeRidder :
-Enclosed is application of -The Land Use Company on behalf of
-Wilhelm Franken for a wetland permit and Short Environmental Assessment
Form pertaining to the same.
This
project is unlisted and our initial ',determination
of non-significance has been made and we wish 'to coordinate
-this action to conform our initial determination in our role
as-lead agency. ---'- -
May we have your views on this matter. Written comments
on this project will be received at this office until October
;24,'_'1.983 . We shall interpret your lack of response to mean there
is no objection by your agency. -
Very truly ydur•s,
Judith T. Terry -
Town Clerk j
Enclosures
cc : Commissioner: Williams
Southold Town " Building Department
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'and �iF- Cotn#any
ALBO BUILDING, ROUTE 25A
BOX 2521, WADING RIVER, N.Y. 11792
(5i6) 929-3575
IOCT 3 1983
October 3, 1983
Town Board
Town of Southold
Main Road
Southold, N.Y.
Re: Wetlands Violation
Wilhelm Franken - Gull Pond
Gentlemen:
Enclosed please find the stipulation order issued
by the NYSDEC relative to this violation. Our discussions
with that agency ind--cate that the 17' section of bulkhead
should be pulled out immediately and replaced with the "L"
shaped section as to prevent further soil erosion from
adversely affecting the waters of Gull Pond.
Your authorization to complete this portion of
the restoration will be greatly appreciated.
V s,
L
Char es W. Bowman
cc: Board of Trustees
w/copy of Order
NEW YORK-STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
One No. D
13 -83 ECU Henr v
of Violation / / Offer of settlement received byCaP%- O tte rs t ed t/
endant Wilhelm 'Fianken- on
75 Carzoll Street
dress Br okD ANY 112 31 Amou> t$-5 0 0 _ 0 0
�' oxa-
Case forwarded to Albany on
(ORIGINAL RECEIPT TO Dj9FENDANT—CAR13ON RiCOIPT TO DEPARTMENT s`•d a�1 y`IC),NF V)
i
LEMENT OF CLAIM No,
tion 11-0305(11) Environmental C nservatlon Law
9-0105(10)
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATPOW
s} I, Wilhelm Franken of 75 Carroll Street _
<; (Defendant) (Street and Numba-i
__--Brooklyn ,N.Y.,hereby offer to pay to the Department of Environr eri s t a v,as
the State of New York the sumof Five, Hundred Dollars (S-AQ-01. U 0
4ollars and comply with conditions on Page A of attached, the same to be in full settlement of all claim- rw,,ii. ,. i ie
son of my act consisting of construction of 72 ' 'of bulkhead in non-compliance -
with issued permit 10-82-1178 on Lots 14 and 15 Gull Pond Basixi ,°
East Marion, Town of Southold -
same being a violation of Seetion F ot',refthe Envirpiunental Conservation Law to the Stat-,.,, '10&
or the Department of Environniental M6gulation Fart on Qvv,
A9 ', committed in the Town of
ty of and in full satisfaction of any of action
t"me now had by the People of the State of New York by the..r on of such viol '
De ndant's S atyrc
_Stony Brook N.Y., September 30 tq 0
};I respectfully recommend that the above offer of Pi-,7,- H ,ncI rPd Do 1 1 r be Fa+xepted
tany Brook N.Y., September 30
F
Name and Title of Officer Settlin ClaimApproved—
Q A pproved—Re®lona)Attor,aoy
apt. R. Otterstedt
Approved—Director of DlvsEian� -"~
k-
41b-lm P-ranken
havinglviolated Sectior2 5-Q 4 01..2 of ho �..vircu3trier t$'
(Defendant) i I
rvation Law of the State of New.Y6rk at the time and in the nianuer set forth in the accomy_i ,y* g cfiei Io wty rhp
off i va hundred dot l a r$(5 50D. 00 1 dollars in full settlement of all elax<rs by t_wson ca
f violation,and after due consideratioin having been had thereon it appearing that such settlement,;vi,1 bt , j)n;-2-001U
e State,now therefore,
S HEREBY ORDERED,pursuant the provisions of Section 11-0306 of the Environmenfal_Cors,L rvsar,aov Lo w., t hat.
above offer be and the same is hereb accepted in full settlement of all penalties and of an actica Orel!as: .f Retian on
� P Y
part of the People of the State of NewYork by reason of such violation committed by the aforesaid J7il1I c- its_ -
as rein set forth.
L
Commissioner
p r
's
Albany, N.Y., 19
ememit papers must,be executed in'duplic6te, original-for Department files, copy ikreturned to the Pei-son settling,
Commissioner's signature.),
.n 4„ �_- .��a.,�nlr`.=3 wtS=(' ,. - _, .- -°i i' __ i• -.-„ •'_ n Pt`a$1�4=� - -[=tt,'�'SK"r; - �_:_
-SCHEDULE A 8Y ^f•l ;t
r Stipulation D-1426
` Wilhelm Franken
F' 75 Carrol Street
y Brooklyn, New York 11231
to Defendant shall remove i ' ediatelly 17 ' of timber bulkhead locatedo�
eastern edge of illegaltructure. - w
2. Defendant shall plant a' minimum of 1000 square feet of intertida' '
ntar�h as per supplied plan by June 30, 1984.
3. Defendant shall obtain a bond or ,letter of credit in the amodnt ,,':
to be less than twice & cost of planting of the intertidal mar,,"
and .:present to this off1i e prior to commencement of any work uiA"'
th' i s ' order
4 . Defendant shall obtain t 'e bond for a period of, not less than '54
`.,
Eo guarantee the survival of 'thelintertidal marsh as planted' fo4
p
5. Defendant shall plant Spartina al;terniflora obtained from a comm--
source.
i
6. Defendant shall construct a 17'x;20 ' "L" shaped- bulkhead along
depr'essed area at NE corner- as-,pelr supplied plan. Soil material`
be removed to place area seaward' of bulkhead at elevation betwe`
inean, high water and mean low water.
if "''t`3
7r Defendant shall stake out in field the location of 15"5 ' of timbe��
bulk-head at the western portion-of basin. Upon field inspection
cgritJten approval will be issued- to commence construction at that ,-
locati.Qn.
y",
8 . All ,bulkheads 'wil3 be backfilled with clean upland fill.
9. pefendant shall maintailteldredge -a's to provide 6 ' depth at mlw under,
',W 1,5278--0125. Clean ,sand spoil will be placed along last-bank"j�
per ' 'ian as to create a suitable planting site for establishment;}.`
52a4;tina alterniflora. ' µ
10. Clean side slope of intertidal marsh area within new bulkhead sec'
it be stabilized with Bayberry and Rosa Rugosa on 4 ' centers.
11, Defendant will submit a certified survey of property and bulkhead,:.~
within 10 days of signing of this order.
12 . Dpfe-`"ndant will strictly adhere to submitted restoration plans of '` t
Land Use -Company 9/26/83 . `
000
' •Defendant Date
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b0000a9i: 06'4 076.5010k2u' 0'9 L
Town Hall, 53095 Main Road
FY,tc#
P.O. BOX 728
Southold, New York 11971
JUDITH T.TERRY k TELEPHONE
Town CLERK (516)765-1801
REGISTRAR OI'VITAL STAI ISI'ICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 28, 1983
To Whom It May Concern:
Attached hereto is Environmental Assessment Form completed by The
Land Use Company on behalf of Wilhelm Franken in connection with his
wetland application no. 166. Approval is requested for construction of
bulkhead, dredging, and filling at Gull Pond on property located 9n
Snug Harbor Road, Greenport , New York.
Judith T. Terry y�
Southold Town Clerk
. '� TOWN OF SOU THOLD
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS :
a in order to answer the -questions in this short EAF it is assume,
that the preparer will use currently available information concerning the
project and the likely impacts of the action . It is not expected that
additional studies, research or other investigations will be undertaken .
(b ) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary .
(c ) If all questions have been answered No it is likely that this
project is not significant .
(d ) Environmental Assessment
1 . Will project resu t in a large physical change
to the project site or physically alter more
than 10 acres of land? - Yes N
2 . Will there be a major change to any unique or
unusual land form found on the site? . . . . . . . . . . Yes No
3 . Will project alter or have a large effect on --:-
existing
--existing body of water? . . . . . . . . . . . . . . . . . . . . . . Yes YN 4. Will project have a potentially large impact
on groundwater quality? . . . . . . . . . . . . . . . . . . . . . . . Yes
5 . Will project significantly effect drainage
flow on adjacent sites? . . . . . . . . . . . . . . . . . . . . Yes_7N9
6 . Will project affect any threatened or
endangered plant or animal species? . . . . . . . . . . . Yes No
7. Will project result in a major adverse effect
on air quality? . . . Yes
8 . Will project have a major effect on visual
character of the community or scenic views or
vistas known to be important to the community? _ Yes No
9 . Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by a local agency? . • Yes /No
10 . Will project have amajor effect on existing or future recreational opportunities? . . . . . . . . • Yes�o
11 . Will project result in major traffic problems
or cause a major effect to existing __
transportation systems? . . . . . . Yes /No
12 . Will project regularly cause objectionable • • .
odors, noise, glare, vibration, or electrical
disturbance as a result -of the project ' s
operation? . . . . . . . . . . . ..t . . . . • . . . Yes No
13 . Will project have any impact onpublichealth .
orsafety? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . Yes No
14. Will project affect the exist-ing community by .
directly causing a growth in -permanent
Population of more- than 5 percent over a one
I year period or- have a major negative effect
on the character of the community or /No neighborhood? . . . . . .. . . . . . . ... . . . . . • . Yes
Yo
15 . Is there public controversy concerning the - - -_
project? • _ • . . . . . . . . . . . . . . . es ✓ N
PREPARER ' S SIGINATUP,E —
REPRESErITING_ z��,�`, - _Ga,�� - DATA ' � �
P rt
Town Hall, 53095 Main Road
P.O. BOX 728
Southold, New York 11971
JUDITH T.TERRY TELEPHONE
TmvN CLERK (516)765-1801
REGISTRAR 01 VITAL STA I IS TICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 28, 1983
Southold Town Board
Southold Town Hall
Southold, New York 11971
Gentlemen:
Transmitted 1,erewith is application no. 166 for a
wetland permit submitted by The Land Use Company on behalf of
Wilhelm Franken.
Copies of this application have been forwarded to
the Board of Southold Town Trustees and Southold Town
Conservation Advisory Council on this date for their
report of findings and recommendations.
Very truly yours,
1—Z
Judith T. Terry
Southold Town Clerk
Attachment
���FOC ��
Town Hall, 53095 Main Road
y P.O. BOX 728
rw Southold, New York 11971
JUDITH T TERRY TELEPHONE
TowN CLERK (516)765-1801
REGISTRAR OI•VITAL S1A I ISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 28, 1983
Air . Paul Stoutenburgh, President
Board of Southold Town Trustees
Southold Town Hall
Southold, New York 11971
Dear Mr. Stoutenburgh:
Transmitted herewith is application no. 166 for a
wetland permit submitted by The Land Use Company on behalf of
Wilhelm Franken.
Please prepare a written report of findings and
recommendations with respect to this application.
Very truly yours,
Judith T. Terry
_ Southold Town Clerk
Attachment _
Town Hall, 53095 Main
Road
P.O. Box 728
� .F r rya Southold, New York 11971
JUDITH T TERRY ' TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OI VITAL S'I A I ISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 28, 1983
Mr . Frank Cichanowicz, III , Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Southold, New York 11971
Dear Mr . Cichanowicz:
Transmitted herewith is application no. 166 for a
wetland permit submitted by The Land Use Company on behalf of
Wilhelm Franken.
Please prepare a written report of findings and
recommendations with respect to this application .
Very truly yours,
Judith T. Terry
Southold Town Clerk
Attachment
Tosvn Of Southold
Town Clerk's Office
: Southold, N. Y.
SLP 2 71983 APPLICATION FOR WETLANDS PERMIT
Town Cleric Southold
Applicction No. �CO
................................ Date of Application ...926,8.71.............................
Identity of Applicant .......� ilhelm Franken
............................................................................................
Address of Applicant Tarpon Drive, Southold, NY
.....................................................................................................
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 drown 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 prepased 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 i!; completed must be given, including a survey if required.
E. 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 revoked 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,,q�f , applicant for a permit, may waive in whole or in part
the provisions of Article 11, Section , subdivisions (b and (igY'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
p ermit shall be available for inspection at any time, upon request.
C4
Examined .................................................. 19.......
Approved ..............................................................:
Disapproved ...........................................................
Cnli��itl0n,q if an? .....v.. > ,.,....... - . . .,.. . ..,.�� ,... ............... vr.;..... . a.., . .. ,_._ ._..,... .. ..
:. ............................................................................
.....................................................................................................................
ExaminingBody .............................................................................................
Signatureof Chairman ............................................................................................
.............................
APPLICATION 1S 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 govem-
ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold:
Permit requested to �.�g��,.7,7e„a _timber„bulkhead whose location was misrepresente
by a former permit agent and as a result, a violat..........o 'I�' n`'i✓"'regiz2'atlbri' "
occured. Therefore, 171 of bulkhead- is-to- be temoved, an "L®' -shaped bulkhead
install ed"as"WeZT' 'as' '1.551' 'C5f 'ne'w•-bubkh-ead••to •conn-e•et •w i-th •ex sting•.&tr-u,ctu.re
at basin entrance. Additionally, 1000 s.f. of intertidal marsh will be created
Location of property for which permit wanted.U.tilIzing..i�x �Glg�... p0?�lfrOm maintenance
.................
dredging of basin (775 c.y. ) all as part of a Stipulation order to be issue
bythe Npc.......................................................................................................................................................
Prject location: Snug Harbor Road, Southold
Home address of permit applicant if different from oforescid location ....Tarpon Drive, Southold
. ...................................
..................................................................................................................................
Creek, Bay or Harbor fronting property ....Dredged Basin in Gull Pond
.............................................................................................
. ........................................................................................................................
Size of proposed work:
Length ....281 ' of Bulkheading Dredging area maximum of 140'
.......................................................................................................................................
Width ....... ng„area maximum of 75'
. .........................................................................................................
Height Above High Water ...)3L1I)f,11ei�.Ld... .....................................................
...................................
Depth Below Low Water ..After dredging 6' at MLW - presently 31 average
..............................................................................................
Yards to be Excavated ...7.7.5...s.ai o f ...S.an.....d
... ....................................................................................
Yards to be Filled ........59Q...q..yjt...to,,,be„used to establi..sh.......marshy 225 c.yto
...................... ..
to be used as backfill for bulkhead ....t •
Width of canal, creek or bay 9 frontin roe Basin is 100 wiproperty rtY................................................de.......................
Depth at Low Tide ................P;:eaently,...31...average
.............................................
AverageRise in Tide .................. ..........................................................................................................
- Is this for private or business use? ....�rlvate
............................................................
AreaZoning ....residential.............................................................................................................
Mcnner in which material will be removed or deposited ...........crane. . ...w:i ...
t.h C.1am...Shell. . ..... .
.. ...... .. ...... .. . ....... . .... ....
.......... a....................................................................................................................................................
Intended use of property ...................................private mooringn...............................................
..............................................................................................................................................
Written consent of owner of property, if not the same as the applicant ........................................
... ...........................................................................................................................................
...........................................................................................................................
COUNTY OF SUFFOLK )
STATE OF NEIN YORK ) SS:
_.... Charles W. Bowman being duly sworn deposes
................. ............................................................................
the agent for
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
for�h 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 t e Town Board harmless and free from
any and all damages and claims arising under or, y vi (u id per ' if granted.
Signature of Applicant
Sworn to before me this26th
................................
day of ...SPPteip)mr............................. 19....a3.
......... ? ?.... '!
........................
Notary a is
EILEEN 3YVERTM
NOTARY PUBLIC, State of WAN YdM
No. 4699329
Qualified in Suffolk County
Commission expires March 30,AJA
C 1
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n
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Y ,-s' •� �� 1� , �_ - Jl,,,7/77(7] r // ,f r,'O( p • J ... a
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i -
i aSi
'i -yt
To . Regulatory Agencies 9
Please be advised that The 'han'd':U`s`e CoinAaii
. y y.,
permission to apply 1 for all permits 'necessary to complete
this project. k"
'Date: ,
i
i
i
t
1 }'
K
`p,y,
Zand Uiz Co)72#any
ALBO BUILDING, ROUTE 25A
BOX 2521. WADING RIVER. N.Y. 11792
(516) 929-3575
September 26, 1983
Town Board
Town of Southold
Main Road
Southold, N.Y.
Re: Wetlands Permit Application
and Violation
Wilhelm Franken - Applicant
Gull Pond, Greenport
Dear Board Members:
Enclosed please find permit application and
supporting data relative to this maintenance dredging and bulk-
head project at Gull Pond. Kindly note that our firm was re-
tained by the owner to prepare a restoration plan for the
purpose of satisfying-.ache requirements of the NYSDEC. Said
plan was necessary because of a violation of the Article 25
regulations caused by a mis-representation of the location of
a timber bulkhead by the owners former agent.
Research has also indicated that no applica-
for Town of Southold approvals had been made relative to the
original project. Therefore, I have included in the applications
all aspects of the project as well as the restoration mandated
by the State. Inasmuch as the soil material landward of the
uncompleted bulkhead is at present in danger of eroding into the
basin, and the State will be mandating an immediate completion
of the bulkhead sections, I would appreciate an expeditious
reply to this request to conform with the State requirement.
I will forward a copy of the Stipulation Order
as soon as it is received by our office. Thank you for your
cooperation in this matter. I remain,
Ve s,
4
REMEVIaD `
V
� EP 7 f` �� Charles W. owman
CWB/pg ftimyn NUI SOuthcdd
Enc,
FORM NO. 5
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE .
SOUTHOLD, N. Y.
.57-0 -F> 0/0 R �
ORDER TO REMEDY VIOLATION
pate .... J......
TO
(owner or authorized agent of owner)
Y7y..C. ...ter....... *odwnerY(address of owner�or authorized agent
PLEASE TAKE NOTICE there exists a-violation of:
Zoning Ordinance ............................................
Other Applicable Laws, Ordinances-or Regulations UtT AJZ?....ClA..(77
at premises hereinafter described in that .. ...r 55 le.....� Z.).....f:5......
(state character of violation)
C7 ... .....7.M' ....wkz—Tie: .... .,.c
.... . - ,��...... ?5..... . . .u..t./' ..QQ.. c. ...'. y ...:...............................
in violation of ..... .!�� ...1........ .q......../..7..-. Q........./... /�.r��lT�.. . /.l� c��
(State section or paragraph ara raPh of applicable law, ordinance or regulation)/
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith on or before the ........ VAZC
-day of ......................................................1 19........
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
%ZZ .Ob/P/l�.�1.. County of Suffolk, New York.
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of ew
may constitute an offense punishable by fine or imprisonment or both.
....... ...........:... .... .(
.......... . ... 2
>/00 /-1iC(/€ —//-/Z--//-/Z- /(f 17_ -7-0
0 Bui ding Inspector
/iF0/C f-J f, rv2//v
� �2� -7/-,,"E iC C()i(J f CCi060
o ',ilr land- •irh Cov�nAnl against C i s Ac.a-Tadicldoal or for rarloa (Single Sheet
� Pr-za I+lr51 Srnmtard ti.Y Ft'1'U For D„ lT+.rgain and 6 P" l 6 )
1-5' II
CONSULT YOUR LAWYER ShFORE SIGNING THIS IrI,TUUMZ1`1T--Y[11S I;ISTtU;.CEIJT SHOULD BE USED BY IA's AERi ONLY.
! This Indenture, made the �9-t44 day of A-�-K✓mif-it ,nineteen hundred and ci ghty-t_},rc�(?
I
I
THEODORE KAPLAN and BERNARD KAPLNN, a copartnership) D/B/A
i
DAWN ESTATES, with offices at 14 Dawn Drive, Centereach, New York,
i party of the first part,and
WIL'HEL?i FRANK EN and SIE E FRANXEN, his wife, both residing at
75 Carol Street, I � n' ' IOP
BLOCK LOT
LLi W
— party of the second part, 6
S17
S/ lVitrrsseth, that the party of the first part, in consideration of Ten Dollars and other v "9._3 00 ,3 iy
the party of the second part, does hereby grant and release unto the party of the secon rs
and assigns of the party of the second part forever,
t�J All that certain plot, f?L'4e or parcel of land, l iti1r: h.ti1tS%r%rs yid ;:r3{�}ci=. ' c�l'�'tfie:pit �� �t cJ,: t:.:t ,lyil,g and
�C being inihe .1 own Of Southold, County of Suf 7elK, State of '•.ow York,
Rounded and di•scr_ i t d as f nllo s :
Parcel 1
-
Lots 40 . 14irtd '';o . } ` , and rill thatland shown as "Cleaves Pt . Corp. "
appnor i ng on :�p of SC:'cLi cin 1 , Clr_'aves Point" , filed 1n the Suffolk
V``�W conj; \' Clprk ' s Oi ice as Map ''`O . 27 1, on Sept(';f�1 PU 10, 1957 .
J ! S I
Parcel 2
l
A 25 foot strip of land being, a part of land shown as "Reserved by
• �7` r Corp. " - "Cleaves Point Section 2" filed In
Cleaves Point Corp. on Map o.. lc�,�� c_', , ,
the Sul olk County Clerk ' s wiNcs o' Narc n 13 , 1962 as Flap No . 3521 ;
lying between the Southerly side of land of ,john H. Molitor and the
Northerly side of lot No . 15, Cleaves Point, Section 1 , subject to the
-rights of others for ingress and c'c;ress only from Osprey Nest Road
to Gull Pond .
r
I
t ,
3 I SUi-;=01-K
I
i
Together vrrth a!I right, tit;c and interest, if any, of the party of the first part in and to any streets and rods abutting
the above described prr nems to the currier lines tl ot:M; Tegnher with the �•ppurtenwcw and Ai the elate and
rights of the party of the first r liar in and to said premises; To Move And To Hold the premises herein gr.nted unto the
rk,rty of the s-2cand prat,the hubs or s"cenors and assigns of Be pi of Be 5-Curie Tart forever.
II s . - r r of the first vert has not dome or suffered ar, ;10" ncareby the
And the {.arty of t,ae firs ra..r r c.c.�_r•,�r�is that the { a ty r
said pienlow hwe bion L',uW�r_d n ,9y way wh3tner,empt is aforesaid.
i And the pasty of the first pot, in c'umpl;ance with Section 13 of the Lien Law, covenants thit :are p:rty of the first
part will recme the cows rota;n for thins eomeyance and wi!I hold the right to MUNO SMh LL f aurin as a trust
fund to be app!,.-_.d first for the i��xse of paying the Loo of the unp:ovainwt and gill apply the sine first to the pay•
meat of the tint of th-,, n,pD'.% ; it bafore using ;any h u t of the ioul of the sane for any otl,c.' P rrpOse.
The tivord 'party• Shall be w sl, -•!:,s rf it read .I„airs' "h,.,nk_ver this . ' Esc of this inr:_�r,turL - r •c;uiras.
•�J
In Witness 1Yhareof, Be I}art; of the Inst part has defy cwmacd this dc..d the day a ld y f:(,t t,bove written.
In Prc•s_nce Of:
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