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Home My WebLink AboutHarbor Lights Property Assoc -vim.Ytwo»..-.-s-..i•.�.am wr�•n.,1ew*.......+.ntawr9pg••4Cr•� 1 - TOWN OF SOUTHOLD TOWN CLERK'S OFFICE, SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No. ......1.7.1:....... has been granted by the,Southold Town Board according to information furnished in Application No. ...2Qfi............filed by Applicant ....HarbPr.—Lights............. •Prpperty. Association on ••,•••June •27 19 84••••• 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 ....dredge••the canal at Harbor Lights•.Beach•,•.,,,..•••• .................................. Southold and use the resultant spoil as beach nourishment above mean high water. ................................................................................................................................................................. ................................................................................................................................................................. Location of property on which work to be,done ....Harbor Lights••Canat, Southold .... ........................................... ................................................................................................................................................................. ..........................................................:...................................................................................................... Creek, Bay or Harbor fronting property ..Harbor Lights••Canal Southold ............................... .. ....:.................................................................................. ....... 'r Size of work: Length .1.0.0...feet.........................:................................................` .......�... 30 feet ,' ,1 Width .................................................................................................::.......................... Height Above High Water ....$.•feet ..................• ........................................................... Depth Below Low Water ........4.,feet Yards to be Excavated ....1 000..yards............................................................................. Yards to be Filled ......none ............................................................................................ Manner in which material is to be removed or deposited •dredge•••.•.••••••,•,•••••••••••••••........................•••• ................................................................................................................................................................. Intended use of property Private ................................................................................................................................................................. Conditionsif any ..................................................................................................................................... ................................................................................................................................................................. Expiration Date October.. ... 9, 1985. ...if. . ... .. .. work has not commenced. . . .....by..said....d.ate.. .................... .. ... . ..... .. ......... ...... ...... ...... .... . ...... .. ....... ..... . Number of Inspections Required ....2��i -•Town Clerk to be notified when project is completed. . .......................................................... �� ................................ /I tt� �� InspectionFees $5..��........................................................................................................................... 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. 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 ...... ........::R1.................... ............... Town Clerk, Town of Sout Id (SEPI October• 9, 1984 Date......................................................................... �`,� t ;•n il. 1.. `'' :4111A ' Town Hall , 53095 Main Road 'Y `.r= P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY .t `� r TELEPHONE TOWN CLERK (516)765=1801 REGISTRAR OVITAL ST Al ISTICS T� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 12, .1984 Mr. Robert-T. Albertson, President Harbor Lights Property Association Brigantine Drive Southold.,, New York 1,1971 Dear Rob: The Southold Town Board approved the Harbor Lights Property Association Wetland Permit 'at their October 9, •1984, meeting. Upon receipt of the $5. 00 inspection fee your permit will be 'forwarded to you. Very truly yours, Judith T. Terry Southold Town Clerk. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRYTELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OI'VITAL ST Al ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 12, •1984 To: Southold Town Building Department From: Judith T. Terry, Town Clerk Re: Wetland Permits Issued Transmitted herewith are recently approved Wetland Permits. The Town Board requires two inspections of each project. You may make the first isnpection whenever you determine feasible and I will notify you when- the projects are completed so you may.make the second inspections: No. 171 - Harbor Lights Property Association No. 172 - J. H. Geideman on behalf of Edward Jablonski No. 173 - The Land Use Company on behalf of Charles J. Galligan No. 174 - The Land Use Company on behalf-of George ,Sweeny No. 175 - The Land Use Company on behalf of Edward Quintieri -and Richard Pulcini RECONVENED PUBLIC HEARING SOUTHOLD TOWN BOARD September 11, 1984 8:10 P.M. IN THE MATTER OF THE RECONVENED PUBLIC HEARING ON THE- APPL-ICATTON- OF HARBOR LIGHTS PROPERTY ASSOCIATION FOR, A WETLAND PERMIT. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is the .reconvened hearing on Harbor Lights Property Association. I will open this up ,again. It .was from August 28th for an application to dredge a canal at Harbor Lights Beach, Southold. Is there anyone here who would like, to give additional information in support of this application? MICHAEL HALL, ESQ. , Southold: I was asked about a half an hour ago to speak on behalf of the Harbor:,Lights Property Owners Association. My father was supposed to be here and couldn't and I'm covering him up. I don't know exactly what the Board is looking for, I want to be very frank. All I know is 'what I've read in the paper- so far. But I do have here with me an affidavit by my father and also an affidavit by George Koch, both of whom are in that property owners association and who are on the subject canal. I 'can paraphrase the affidavits right now and just say that I think the Board has before it all of the other permits that were needed for that job,, DEC, Corps of Engineers and I don't know-if there's any others. I do understand that the problem is that the Association failed to obtain the approval of the Town Board of Trustees, is that correct? SUPERVISOR MURPHY: Town Board Wetland's Permit. MR. HALL: Town Board.. And I assume that's why we're here tonight. COUNCILMAN SCHONDEBARE: We are here tonight because the Harbor Lights said they didn't know they needed the wetlands and we got testimony from someone who said you had notice that• you needed our wetlands approval. That's why we're here tonight. MR. HALL: Right, okay. Then I believe these affidavits can speak to that issue. They both refer to a South Shore Docks, Inc. and Mr. Barnish, I believe that's the testimony that stirred this thing up. And if you like I can read these to the Board, if it will help, or submit them to the Board. COUNCILMAN SCHONDEBARE: How long is it, Mike? MR. HALL: About three pages. SUPERVISOR MURPHY: Why don't you submit it. Page 2 - Reconvened Hi. ,)r Lights MR. HALL: Finer rather than read it? SUPERVISOR MURPHY: All right, do you want it submitted or do you want him to read it -now? COUNCILMAN SCHONDEBARE:,' No, I assume the Harbor Lights people know, and the only one who wouldn't know is anyone who is-opposed to it. The only thing I'm getting at is this is a public hearing and he's.putting input and if there's someone here who wants--- SUPERVISOR MURPHY: All right, maybe he should read it. MR. HALL: Fine. I'll just read the one because in substance they're almost' the same. , "Robert F. Hall, being duly sworn, deposes and says: I am making this affidavit in order to, more fully explain what transpired in the matter of the con- struction of a jetty and dredging at the entrance to Harbor Lights canal'during the spring of 1984. 2. That I -am, one of the .20 'people that own .property on the canal located at Harbor Lights- ,Southold, New York and because of the fact that the entrance to the canal, was .filling up with sand, we undertook to construct a jetty and also to .dredge. '3. That I am an attorney at law, however, at no time in the within matter did I act as such for any individual, association,,,`etc. 4. In November of 1983 1 was asked to solicit the canal-front'property owners for funds in order to pay for the jetty and dredging, and my- function in this matter was'only for the collection of monies and paying out:same., 5. About the end of January- 1984 anuary•1984 an agreement, was entered into between Harbor Lights property owners 'and South Shore Docks Inc. (hereinafter referred to as "Barnish")"---I believe Mr. Barnish is a principal of South Shore- Docks Inc. "= for the -construction of a jetty and dredging, all of which were to be completed by`April 1. ,1984. 6. The jetty construction was commenced by Barnish on or about, March- 24, 1984 and finished on or about March 30, '1984. '7. . Barnish makes no mention as to what was going on between March 30, the date he completed-the jetty; and May 30, the daste of his letter-concerning a permit. For two months we were trying to get Barnish to dredge - he would not dredge, and, he never mentioned permits. . 8. That immediately' after completing the jetty, Barnish removed all of his equipment from the job site,and refused to do-the dredging - -permits' were never mentioned at this time. 9. In the conversations that '[ had with Barnish it became clear to me that the reason Barnish would not dredge is that his 'equipment and services were in high demand because of-the big storm- and flood which occured on March 29, 1984. - 10. On three or- four occasions Barnish told me that he did not want to do the dredging, in fact, at. one point he told me that 'he had obtained another contractor to do the dredging and asked' me,if I would pay him the $4,833.33 we still owned him for the jetty' when the new' contractor appeared at the dredge site. I told him yes, - if the new, contractor was reputable and- would assume Barnish!s contract. However, the new, contractor 'never showed up as "promised" by Barnish. 11. Mr. Barnish went to a lawyer, namely, Richard Pellicane, Esq. ,, 25 Bowden Square, Southampton, New York to collect the- monies due on the jetty. I told Mr. Pellicane.that we considered the jetty and dredging all one contract and we would not pay the balance due on the jetty until dredging was commenced. Mr. Pellicane said he advised Barnish to put a Mechahics Lien on the jetty 'and then to physically remove' same because he is not going to dredge. At no time was any reference made to, permits or Lack thereof® 12. About the middle of May, 1984 I told Barnish that we were going to get another contractor to-do the dredging and his response was "good - will I get paid what you owe me-when the new contractor starts dredging." 1- told him he would get paid when the dredging was, completed. 13, Barnish was kept' fully informed as to who was 'doing;.the dredging, when it 'was started,. and when it was. completed. At no time did he raise any objections. It should be'noted that he never commenced legal action, nor did he go to the Town Board until after Page„ 3 - Reconvened H;`• -.�)r Lights he received and deposited the final payment, for the jetty. '14. . Concerning the letter from Barnish dated May 30, 1984, which was a complete and total fabrication of the facts, this was the first and only time a dredging permit was ever mentioned in all my dealings with .Barnish and his-attorney. I viewed this letter as "cry wolf' because of the many untruths and unkept promises that,,Barnish made during our dealings. Mr. Barnish wrote his letter after he told me he was glad we had obtained another contractor to do the dredging.,-, 15. Barnish has received from Harbor Lights Association and canal owners a sum, in excess of $25,000. 00 for jetty, and bulkhead construction. 1f he feels he wa's "cheated!' out of-$700. 00, .he belongs in a court of law, - not before the Town Board: 16. After reviewing the letter from Barnish dated May 30, 1984,' 1 reviewed my file and spoke with Mr. George Koch and we decided 'that because the area to be dredged was not wetlands, i.e. never had any- meadow grass andlor cord grass, nor could any grow there, the dredging took -place out- in deep water at the mouth of the canal. ` 'Further, we had a letter from the Town of Southold toa Enconsultants, - Inc® 'that says "no permit is required from the Town,"---and T do�.,have a,,copy-"ofGthat letter, with me. "---and ,the same area has been dredged three years ago- without a Town permit. 17: If a permit from the Town-of Southold was and ;is required, -we are certainly sorry that it was ,not obtained. It was certainly not intentional - what possible motive could we have. 18. Had we known that we, needed a permit we certainly would have obtained same, however, our not doing so had nothing at all, to do with any of our dealings with Barnish. It is my opinion -that Mr. Barnish -is trying to use, the good offices of the 'Town ,Board to, collect- $700.00 and harass the Harbor Lights property owners." Signed: Robert F: Hall and dated 'September 5, 1984. COUNCILMAN SCHODEBARE: Mike, who sent you ,the letter from the Town saying you didn't need the permit; and what's the date of the letter? MR. HALL: The letter is dated September 21st, 1983 and it's from Judith Terry, Southold .Town Clerk. TOWN CLERK TERRY: I'd like to see -that •letter. , SUPERVISOR MURPHY: Could we see it.and could we have a `copy of these others? COUNCILMAN SCHONDEBARE: , Could we have copies of all that stuff, Mike? SUPERVISOR MURPHY : Thank. you, Mike. TOWN CLERK TERRY: That letter you- referred to was concerning the jetty, Mike. SUPERVISOR MURPHY: Not the wetlands. COUNCILMAN SCHONDEBARE: Not the wetlands— TOWN CLERK TERRY: It said, "concerning proposed jetty:" MR. HALL: You're off the hook. SUPERVISOR MURPHY: We can depend upon her. COUNCILMAN SCHONDEBARE: Which came first? Was the wetlands in that area dredge after the letter of May. that said you needed,-a,permit,, or, was -it already dredged before- that- letter in May that said you needed a permit? Page 4 - Reconvened Lights MR. HALL: Was what dredged? Was the canal dredged? COUNCILMAN SCHONDEBARE: Yes--the inlet. MR. HALL: The jetty was, completed first, then it was dredged. Does that answer your question? COUNCILMAN SCHONDEBARE: No, -you didn't give me .the dates. ' Which came first, the chicken or the egg? Did'you dredge already-and then find out yn ou. eeded a wetlands, or did you find out you needed a wetlands first and then dredged? MR. HALL: To my knowledge, and it's based on the affidavit and discussions with my father, no one knew anything about- a wetlands permit until an article in the paper that appeared about -a -week ago or something that happened about a week before that, so it was four months after that they heard anything about a.wetlands permit,' to my knowledge. SUPERVISOR MURPHY: This 'letter' from the contractor. COUNCILMAN SCHONDEBARE: Which is dated May--cc: to your father, and the original to George Koch® MR. HALL: Okay, 1 don't know anything about that letter. SUPERVISOR MURPHY: Was the dredging done before that or after that letter? COUNCILMAN SCHONDEBARE: That's the idea. MR. HALL: Who knows? MR. W.I.LIIAM COLE: I think the dredging was done before the Town Board notified us. I know of that. SUPERV-ISOR MURPHY: We're talking of this letter that supposedly this man sent. COUNCILMAN SCHONDEBARE: All right, when did the dredging take place? COUNCILMAN' STOUTENBURGH: When was the date? MR. COLE: I think it took place in June somewhere. COUNCILMAN STOUTEN13URGH: June of 84? MR. COLE: June. 1 think it was the third or fourth week in June, somewhere around there. SUPERVISOR MURPHY: So it would be after the letter. It would appear to be after the letter. MR. COLE: It appears to be after the letter. COUNCILMAN SCHONDEBARE:_ And if ] understand correctly from the affidavit, don't have your father here,- he, felt with the ongoing negotiations with this fellow, he felt this was a "cry wolf'-,that in fact you, really didn't need the permit. Is that the way I 'read that affidavit? Page 5 - Reconvened Hz._ ►r Lights MR. HALL: That's the way 1 understand it too, Jay, yes. u COUNCILMAN SCHONDEBARE: You're fighting over money. You mean he comes up and tells you you need something ,and-,you say probably. not. MR. HALL: As 1 understand it, yes. SUPERVISOR MURPHY: Mike, who did' the- final;dr.'edging? MR. HALL: I don't know that answer either. MR. COLE: Atlantic Dredging. SUPERVISOR MURPHY: Atlantic Dredging. Any other questions from the Board? COUNCILMAN TOWNSEND: Yes. There was a letter in our mail, which I assume was to be added to the file of,this hearing, from Robert.-McGuire-sort of limiting the number of people that are involved in this. Something to the effect that the Harbor Lights group was acting in response of those, people that lived on the canal. MR. HALL: I believe that's the case. There are only 20 property owners who have immediate access to that canal. SUPERVISOR MURPHY; They used the name, too, on the application. COUNCILMAN SCHONDEBARE:' I know there are concerns of people of Harbor Lights. Could I have a-show--of hands as to how many people, here,itonight are. from the Harbor Lights area? (approximately 20 individuals) SUPERVISOR MURPHY: Okay, any.other Board members have any questions of Mike? (No response.) Anyone in the audience have a question of Mike? Sir.' MR. ROBERT McGUIRE, North Parish Drive, Southold: Good evening, members of the Board. I'm Bob McGuire. and' I live at the end of North Parish Drive. My property lies immediately adjacent'to the dredging site. 1 do recall that the final stages of-t,he dredging took place 'in Jul.y.of, this year. 1 wrote a letter--I addressed a letter to your Board indicating my concern and the concern of my, neighbors lying adjacent to the canal and 1 would just request that to the extent your prerogatives allow, that you give our concerns consideration. Thank you. SUPERVISOR MURPHY: Definitely will. COUNCILMAN SCHONDEBARE: Thank you. SUPERVISOR MURPHY: Anyone else like to speak in favor of this applicant? (No response.) I n' opposition to the applicant? (No response.) Anyone else would like to make any comments at all? (No response.) At this time I think we can close the hearing and we'll make a decision. Thank you. XJudit1h T. Terry Southold Town Clerk STATE OF NEW YORK) COUNTY ;OF NASSAU ) . ROBERT F . HALL, residing at 1315 Anchor Lane., .Southold, New Yok, being duly sworn, deposes and- says: ' �� . 1. That I am malting this affidavit in order to more fully e,'xplain what transpired in the matter of the. constr_ uction i of a j'e'tty and dredging at the entrance to Harbor Lights, canal G : during"the spring of 1984 2 . That I am one of the 20 people that own property on thei;canal located at Harbor Lights, Southold, New York and ,s because of the fact that the entrance to the canal was filling up with sand, we undertook to construct a jetty and also to dredge, 3 . That I am an attorney at law, however, at no time i; in the within matter did I act as such for any individual, association, etc , v 4 . In November of 1983 I was asked to "solicit the canal-front property owners for funds in order to pay for the jetty and dredging, and my function in this matter was only for the collection of monies and paying out same. 5. About the end of January, 1984 an agreement was entered into between Harbor Lights property owners and South Shore Docks Inc . (hereinafter referred to as "Barni.sh") for the construction of a jetty and dredging, all of which were to be completed by April 1 , 1984 . 6. The jetty construction was commenced by Barnish on or about March 24, 1984 and finished on or about March 30, 1984 . 7 . Barnish makes no mention as to what was going on I between March 30, the date he completed the jetty, and May 30, the date of his letter concerning a permit. For two months we were trying to get Barnish to dredge - he would not dredge, and he never mentioned permits. 8 . That immediately after completing the jetty, Barnish removed all of his equipment from the job site and refused to do the dredging - permits were never mentioned at this i I time. 9. In the conversations I had with Barnish it became i clear to me that the reason Barnish would not dredge is that his equipment and services were in high demand because of the big storm and flood which occured on March 29, 1984 . j �I10. On three or four occasions Barnish told me that he did not want to do the dredging, in fact, at one point he told I me that he had obtained another contractor to do the dredging and ! I �i asked me if I would pay him the $4,833 .33 we still owed him for the jetty when the new contractor appeared at the dredge site . I I ' I told him yes, if the new contractor was reputable and would I� assume Barnish's contract. However, the new contractor never I I ! showed up as "promised" by Barnish. s j 11. Mr . Barnish went to a lawyer, namely, Richard fPellicane, Esq. , 25 Bowden Square, Southampton, New York to I - 2 - I i i collect the monies due on the jetty. I told Mr . Pellicane that we considered the jetty and dreeging all one contract and we i would not pay the balance due on the jetty until dredging was commenced. Mr . P61licane said he advised Barnish to put a Mechanics Lien on the jetty and then to physically remove same because he is not going to dredge. At no time was any reference made to permits or lack thereof. 12. About the middle of May, 1984 I told Barnish that 1 we were going to get another contractor to do the dredging and i his response was "good - will I get paid what you owe me when the new contractor starts dredging" . I told him he would get paid when the dredging was completed . � 13 . Barnish was kept fully informed as to who was doing the dredging,when it was started, and when it was completed . I •` At no time did he raise any objections . It should be noted that l he never commenced legal action, nor did he go to the Town Board until after he received and deposited the final payment for the jetty. I � 1 14. Concerning the letter from Barnish dated May 30, J 1984, which was a complete and total fabrication of the facts, this was the first and only time a dredging permit was ever mentioned in all my dealings with Barnish and his attorney. I viewed this letter as "cry wolf" because of the many untruths I II ! and unkept promises that Barnish made during our dealings . I� Mr . Barnish wrote this letter after he told me he iI �I I I I P - 3 - 1 ,t was glad we had obtained another contractor to do the dredging. 15. Barnish has received from Harbor Lights Association and canal owners a sum, in excess of ,$2,5, 00.0. 00 for jetty ,and bulk- head construction. If he feels he was "cheated" out of $700. 00, he belongs in a court of law - not before, the Town Board. 16. After reviewing the letter from Barnish dated May 30', 1984 , I reviewed my file and spoke with Mr . George Koch and we, decided that because the area to be dredged was not wet- lands, ' i .e, never had any meadow grass and/or cord grass, nor could any grow there, the dredging took place out in deep water at the mouth of the canal . Further, we had a letter from the Town of Southold to Enconsultants, Inc . that says "no permit is required from the Town", and the same area had been dredged three , years ago - without a Town "permit. r; 17 . If a permit from' the Town of Southold was, and is required, we are certainly sorry that it- was not obtained . It certainly was ' not ,intentiomal - what possible motive could we I� have , r 18 . Had we known that we needed a permit we certainly would have obtained same, however, our not do,ing so had nothing at all,; to do with any of our dealings with Barnish. It is my opinion that Mr . Barnish is trying to use the good offices of the Town Board to collect $700. 00 and harass the Harbor F 4 - r Lights property owners. i i ! obert F. Hall i f I � Sworn to before me this i ` 5th day of September, 1984 . I i i WA*OARAJLOpiYPtA MGWYftno. > of co�ft In I r 1 I i - s - , 4 ' A64 NORTH MAIN STREET SOUTHAMPTON, NY 11968 516-283-6360 EN-CONSULTANTS, INC. ENVIRONMENTAL SERVICES �Lanuary 3, ts84 Harbor Lights Property Owners Association c/o George Koch 35 Robbins Drive East Williston, NY 11596 On- ite inspections and pr aration of drawings, ap 1' I cations, etc. to DEC, Corp of Engineers, Department State, Town of Southold, a I Southold Trustees. $300 00 DEC application fee. I 50 00 I Publication of DEC legal LL-- f notice in LONG ISLAND TRAV�LER- WATCHMAN. li 15 51 I Corps applicationI 10 00 I 375 51 i Paid on account 1501 00 ,I $22J5S1 li I I%/o Interest Charged per Month on Unpaid Balance ,� Days Over Invoicl Date w 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 STAT ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21, 1983 Roy L. Haje, President Enconsultants, Inc. 64 North Main Street Southampton, New York 11968 Dear Roy: In- response to your letter concerning proposed jetty for Harbor Lights Property Owner' s Association, I have just received a response from the Building Department upon their inspection of same, and they state: "It appears that the proposed work will be beyond property boundaries, assuming property is to O.H.W. , no permit is required from Town. " Very truly yours, Judith T. Terry Southold Town Clerk w STATE OF NEW YORK COUNTY OF NASSAU GEORGE L. KOCH, residing at ,530 Schooner Drive, Southold New York, being duly sworn, deposes and says; I . I am making this affidavit in order to more fully explain what transpired in the matter of the construction of a jetty and maintenance dredging at the entrance to Harbor Lights canal during the Spring of 1984. 2. 1 am one of the twenty people that own property on the canal located at Harbor Lights, Southold, New York and because of the fact that the entrance to the canal was filling up with sand, we undertook to construct a jetty and also to do maintenance dredging. 3. In November of 1983 1 was asked to solicit bid; proposals for the construction of the jetty and maintenance dredging. 4. On December 20, 1983, an agreement was entered into between Harbor Lights property owners and South Shore Docks, Inc. j for the construction of a jetty and maintenance dredging, all of which were to be completed by April I , - 1,984. 5. The jetty construction was started by South Shore Docks on or about March 24, 1984 and completed on or about March 30, 1984. 6. Prior to complefl on, -South Shore Docks requested that we find some other contractor to do the dredging because they wanted to "get out of Southold". I said that he was to complete the dredging under the terms of his contract. 7. On April 4, 1984, Mr. Barnish of South Shore Docks, Inc. called me and stated that he contacte"d'!the,Department of Environmental Conservation and we didn't have approval to do the maintenance dredging. 8. On April 4, 1984, 1 called the Department of Environmental Conservation and spoke to Mr. Fiscina who gave me the maintenance permit number. This was in complete disagreement with Mr. Barnish's statement. I confirmed my telephone conservation with Mr. Fiscina. I called South Shore Docks, and spoke• to Mr. Barnish giving him the information requested. I also sent him a letter, (copies enclosed) . 9. Mr. Barnish of South Shore Docks, told me that he would have a dredge on the site within two weeds. The dredge never appeared. 10. South Shore Docks, upon completion of the .jetty removed all of their equipment from the job site and never returned to do the maintenance dredging. 11 . In my telephone conversations with Mr. Barnish of South Shore Docks, he requested on several occasions that we obtain another contractor to perform the maintenance dredging and release -- him from his contract. I said no. 12. In the middle of May 1984, after talking to Mr. Hall , we told Mr. Barnish of South Shore Docls that we were going to get another contractor to do the maintenance dredging. - 13. Mr. Barnish has received from Harbor Lights canal owners a sum in excess of $25,000.•00 for jetty and bulkhead construction. 14. After reviewing the letter from Mr. Barnish dated May 30, 1984, 1 reviewed my file and spoke with,Mr. Hall and we decided that because the area to be dredged was not wetlands, i .e. , never had any meadow grass and/or cord grass, nor could any grow there, and had been dredged three years prior, the dredging took place out - 2 - 5 in the water and the mouth of the canal. Further, we had a letter from the Town of Southold to Enconsultants, Inc. that says "no permit is required from the Town". r George .L,, Koc Sworn to before me this 10th day of September, 1984. I - 3 - ,j/ ^`J,y. , .,, •f r' � `1 '� .1r r��,,r•,.l ,,f �',(„'V ''r .• 'i,7 r1 a l l . �' r ,J / - S r + �' `I', a 14;• f .ri j•4' S,,p";,�' .1�� '1.'' ., , S' .I S•�''' " {• '>• I. '` " '\� '�' 39 Robb.in'sirDrive 'East' W h I 1 i stun I P1 Y'.' 1,I'b96 , ,r n Ap I. ! ,rr47`,r, Apr,i;l!^4,' I1984;�. t'" i .+ ,r' , '�',J.6 ,,1 r u, - �, 1, .'� .!, _ •.r S,' f ''t r- �.1 .'cr', •1' ','. 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' 6ULKHEAOS I�� EAST QUOGLJE,`'IV.Y., 1.1942', "Jasal CC 11CC 53-6 _ -- _ 4 -- '+ rA PHONE : ° - _ a , 589' - _ - -- _ ',1 ,y',%{`,• - 'i'= , DATE , -,TO T NAME/LOCATION_Lan nchor e - 35 Robb Dr,iwe'` l' -, -------- .- __� :. `; '' w; ;' Southold e East UTilliston;` xN•.X: `°f.•.,'1159,6 JOB PHONE -_, - r.• DATEFAFPLAINS,' ' rWe hereby propose to furnish,-in accordance with specifications below or on attached Pages, - P-g s,alllmmaterial and labor necessary> I con' ;o, to, — -e g: struct_ 1QOR„ ,of eft ,y :to, the following: fr J y, extension dfor ;the' 'Harbor Lights .Assoc,iation -V t rr tar the sum of _.FoUrtEejl' ,thOu8a'rid �,�,o �,• ,_: W-C PAYMEN7STO 9E MADEAS FOLLOWS•$500'. 00 ollars 0. $4833. 33dha1f,--' throe jbind'er; $4';333; 3+when materials a e del Y° . ugh'",com leti'' ate s r` iverea satis p dn,' and $4=8°33 . r ` -M_factory completion, ';of b VF`(� 34 'within tern day, o All material Is guaranteed to`bo,ga specified, All work Is to be completed to a work- above monlike manner according ld siahgard,practices:--Any alteration or deviatd Gem the.,' .AuthonZed,"^ or attached speclticatrons rnyolving extra costs will,be executed only upon written :'Signature orders,and will become an extra Charge over and above the estimate,All agreements contingent upon stakes,6ccident¢or delays beyond'our control Owners to carry fire a-' ' - tornado and other necessary,insuf�nce.Our workers are fully covered by Woikrnen's'',5 V - Note. This Compensation insurance, posal may be withdrawn by us if no a copied within__,_th irt�7 V Y s. Aruptunre of rta� ttl , The,above or attached'prlces, specdicahons"and condltibns ark,&atisfactory and are hereby accepted,You are';�•,ilgnature authorized to do,the work as spgolfied, meat Will, as`oiitliRed pad a made above.. --_ - -- -- Date of Acceptance '`ik `,..,!v t,, 'r,, ,,4 x — — ---<-'-:',�;•,.-:',-.�..�?.,__.�__,..-. - Ysignature" -�nLifli !., • -ts�a.o�_�•}-:��-''�^.^«•-tx-,ms.�- _-.... a-�aww f dUl. NO -_ - -of 2, _ -.ciaAi aC S T,,, :,"'DN AS 0 ES I Jolz E N . INTrERIO:R'.,D.ESIG`N. ., ,AND" PLANNING J. January; 30 1J84 Mr. Ron Bi'nisii s. South Shore,,Dock Box s I'n Y K P.O. c: ' East, Quogu, ;?, New ,York, it 42 Re! Harbor-,gights Associates - Jetty.;,& kDredging', °% Dear Mr. Brnish _ We are .enc, `sin one, .' $500.00 ;to: P° g of our, contract and, 'a=.cheek .int ; ehv.e-as g .down he amount of perform-re fired° Bred in' and bulldozingcof Sspoil;behind the new' and 9+4? g g' w d existing be'act : This work=i§:, to b'e' performed, in accordance. with Jtheyslacet'ches provided an ` d: the spec'ification''as;•outlin" Decemiber. 2,(; 198 -- od:,inMyou ,.propos l .#1034' datedIt is ' our undeesfandirig'Jthafi .this and will, be work •wi'll -bb 'performed' t .completed°.no later_,than a the first thaw` ' +� rl..l, e cost for Eris as follows:-.,1 aA :..,,.r. :19$46 =Th work, is a). Jetty ,extension"-10.U'T } 'b)- Dredging and bullddzin $14,000.00 1; new jetty g,�'from :end._of J y to -back side-�o( inlet as , per sketch F3 proy.ided, and-,attached, { `hereto. If 4`5.�QU �h you have any questions; please =do no hesitate to:ca1L Very. y yours, ,George L. Koch 1,^ Committee 'Member cc: B. Hall; Esquire _ SEP I OW Town Ueo* so uthand P.O . Box 195 Southold, New York 11971 September 7 , 1984 Town Board Southold Town Hall Main Road Southold, New York 11971 Dear Members of the Board: There was brought to my attention, through the August 30 , 1984, issue of The Suffolk Times , your consideration of the dredging operation conducted on behalf of the Harbor Lights Property Owners Association by Bayview Development Corp . , which deliberation, it is my understanding, will be continued at your meeting scheduled for September 11, 1984. This matter is of interest to me inasmuch as my property, being located at the easterly terminus of North Parish Drive, lies to the west and is adjacent to the canal in which the dredging operation, being the subject matter of your discussion, was conducted. While I do not desire to cause my neighbors any discomfort , nor to impede their making a beneficial use of their property, may I nevertheless take this opportunity to present to the Board my observations with respect to the work which commenced in the early Spring and the proceedings leading up to the present date. During the early Spring the existing bulkhead on the east side of the canal was extended into the Peconic Bay by 60 feet or more. In July I observed the dredging operation and the stockpiling of the dredged material on both sides of the canal bulkhead. While I inquired of the contractor at the time as to the intended dis- position of the material located on my side of the canal, I was not afforded a dispositive answer. Thereafter my immediate neighbors and I appeared before a meeting of the trustees and at this time expressed our concern with respect to the unsightli- ness of the condition created by the stockpiling of sand and gravel. The trustees indicated that they would recommend to the Town Board that the material be distributed along the beach on both sides of the canal at the level of the bulkhead, subject to my approval with respect to that material impacting on my prop- erty. I had no objection to this course of action. To date, this material on the west side of the canal remains . It was reported to your Body at your last meeting that this stockpiling merely replaced a mound of sand and gravel which had been removed by the late winter storm. This however is not con- sistent with my observation. The pile of material is substan- tially greater in both height and width and invades the wetland Town Board -2- September 7, 1984 area perhaps to a point of encroachment on my property, although I cannot verify this latter suggestion. More importantly, my neighbors to the west and I are particularly concerned with subtle changes to the beach, observed since the construction of the extended bulkhead. Over the years a small portion of my beach located within the closest proximity to the pre-existing bulkhead was comprised of large stone aggregate. However, as the beach extended away from the bulkhead the stone aggregate diminished in size and was mixed with substantial quantities of sand. Since the extension of the bulkhead it appears that there has been a persistent change in the character of the beach in that the pebbles and sand along the water ' s edge up to the mean high water line has been transplanted with large stones characteristic of those found in the past in close proximity to the bulkhead before its extension. While we are unable with certainty to link this occurrence specifically to the work performed on behalf of Harbor Lights , it is a circumstance which bears consideration and which may better manifest itself with the passage of time. Over the Labor Day weekend I contacted Bill Cole of the Association and addressed these matters, inviting him to examine my property in order that he could better appreciate my concern. Understandably he was unable to accept my invitation by reason of visiting family members. Failing this, I suggested that perhaps he might wish to contact me at a more convenient time. However, to date I have not had the benefit of a further communication. May I respectfully request of the Board that it withhold the issu- ance of a permit until such time as the impact of the work on other properties and the wetlands can be ascertained, or should the Board in its discretion deem it appropriate to grant a permit , that such grant be conditioned upon an investigation with the D.E.C. to de- termine whether the permit referred to by the Association ever in- cluded the right to extend the bulkhead into the Bay to its present location, and whether such extension in any event is considered a matter of maintenance. While business obligations may prevent me from attending yotr meet- ing, I shall nevertheless make every reasonable effort to attend. Si cerely u s f r REM: cvh BER E. GUI P. S. Enclosed is a copy of a survey of my property. w , .� � � ,_� I I _ ti�•� -- "'—" .` � ' ,,,, T SUFFOLK CO. HEALTH DEPT. APPROV` J�crBAY H. S. NO. STATEMENT OF INTENT -- ----=� _ THE WATER SUPPLY AND SEWAGE DISP-f i A 7 SYSTEMS FOR THIS RESIDENCE CONFORM TO THE STANDARDS OF UFFOLK CO. DEPT. OF HEALTH SERV _i YiCA• lSll l APPLICANT . SUFFOLK COUNTY DEPT. OF H� _ SERVICES — FOR APPROVAL CONSTRUCTION ONLY DATE:--- H. S. ATE:H. S. REF. NO.: APPROVED: �J I �� r• F��F� SUFFOLK CO. TAX MAP DESIGNATION DIST. SECT. BLOCK F! _ 1000'N, 071 I PART OWNERS ADDRESS: f'F_ALCyJ V f "FF TE.WRACE ;"\,"A,L F N.J.076 A 5 co _8 TEL. 201-39t-6765 - ! `- - Ct-art r � DEED: L. P. � TEST HOLE STAMP 0°lPIPE X790- S .F T, t d &L,cCr..U;rti ;--t GQADE to TVIS SU:.VEY IS A VTOLATsoN OF SECTION 7209 OF ThE NEW YORK STA.•? l i - 03 ` ^^d ` IDUCATICN LAW j t+ C Z �`"1 �!\ 1 ` -TOPSOIL COHES OF THIS SURVLY MAF NOT SET Vn+ R • \ �Cr \ THE LAi•D SU:V:Y:i S ri':-D:i.AL lU ,•O 1 �^/ ENEOSSLD SEAL SHP.LL n�T Ea CJ• ' to \ m `� J TO EE A VAL{D r.u. Cc FY ;i 1 �`�_! LOAM GUARAt:TECSi..::. SN' I, ONLY 10 -1 ti- i"r '•r•, J1 ` 4 v.C2 . . ./ - r f \ _ IS TREF h:CJ. A.L _ l I KQC{�S TITLE COWAF"_', :-•.V At J.1[C. - _ 1�•L LtNCI?•G LAS r TO TtiE CF i.: :: J• P tCii I v C 1' t Tail;.:�. GUA:..ot�T tCS A L•`1 / TO A•ti;11ONAL it•Slllli.. 04 • .� 0t N NARD SAN SEAL _T I 317 09 CLAY i GRAVEL i hd r AS SU RV EYED JULY 27 1978 [.Ci T �.C� AT- -7 1 c _ ,.14 - ; . - - - -- I�UINN RODERICK VAN TU_YL, P -, j LICENSED LAND SURVEYORS GREENPORT NEW YORK f PUBLIC HEARING SOUTHOLD TOWN BOARD August 28, 1984 3:37 P.M. IN THE MATTER OF APPLICATION NO. 205 BY HARBOR LIGHTS PROPERTY ASSOCIATION FOR A WETLAND PERMIT. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran .Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is the application of °Harbor Lights, Property Association to be read by Councilman Stoutenburgh. COUNCILMAN STOUTENBURGH: "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, August 28, 1984, on the following applications for permits under the provisions of the Wetland Ordinance of the Town of Southold: 3:37 P.M. - In the matter of the application of Harbor Lights Property Associastion to dredge the canal at Harbor Lights Beach, Harbor Lights Cove Inlet, and use the resultant spoil as beach nourishment above mean high water on,the bay beach south- east of the dredged project, a minimum of 20 ft. landward of tidal wetlands located in the inner harbor. All persons interested in said hearings should appearrat the time and pace above specified and will be given an opportunity to be heard. Dated: July 31, 1984, Judith T. Terry, Southold Town Clerk." have notice of publication from The Long Island Traveler-Watchman. I have publication notice from The Suffolk Times. I have Judy Terry notice that it was posted on the Town Clerk's Bulletin Board. have a letter here from the Southold Conservation Advisory Council: "Resolved at July 24, 1984 meeting to recommend to-the Southold Town Board approval of the Wetland application #206, submitted by Harbor Lights Property Association to maintenance dredge. Application approved provided all spoil is -placed to the east of the beach and then removed so it does not wash back into the wetlands." I also have a letter from the Trustees, their July 20th meeting: "The Board of Town Trustees discussed the Wetland Application No. 206 submitted by Harbor Lights Property Association, in Southold. Trustee Smith and Trustee Kujawski would recommend to the Town Board approval .of said application, with the provision that the spoil is removed in a manner consistent with the bulkhead height, and to the satisfaction of Mr. McGuire, the property owner on the south side of the canal. Trustee Bredemeyer and Trustee Bednoski would recommend denial. Trustee Bednoski felt that this work was done before, the proper permits were secured. He will ' not approve any work that is done before permits are secured. Trustee Bredemeyer felt that the permits should be secured first, before work is done. He would refer this to the Building Department for further action, then take up the matter at a later date. This resolution was lost, due to the split vote." Page 2 - Harbor Lights4etland Public Hearing also have a letter from the Building Inspector to the Harbor Lights Associa- tion, Attention: Mr. Robert T. Albertson, President. "Dear Mr. Albertson:" •This is July 10th, 1984. "The dredging your association has done at the mouth of inlet to Harbor Lights Cove is a violation of the Wetlands Ordinance, Chapter 97, Sec. 97-20, Town of Southold. This section of statute required a written permit to be issued by authority of the Town Board: Your application No. 2'06 dated January June) •27, 1984• i.s is step :-in ;the right direction to remedy this violation. The earliest the Town Board can act upon your application would be around ,August 14, 1984, providing recommendations are received in time from other agencies. There is concern by this office that the dredged,.;spoils placed on the easterly beach may attract some young children to play in this area, this could result in injuries to them. To make the beach safe you may proceed to have the dredged spoils removed, in accordance with your permit #TW15276-0157 "A" issued- by New York State Depart- ment of Environmental Conservation as amended; letter dated June 25, .1-984. The intent of this approval to remove the dredged spoil is 'to make the area safe and does not constitute a wetlands permit from the Town of Southold." SUPERVISOR MURPHY: Thank- you, Paul. You've heard the official notice on the application of Harbor Lights Association:. Is there anyone here would like to speak in favor of this applicant? Sir. MR. BILL COLE, Southold`: I did here go after some of.the permits myself at a later date after some of them had been already gotten by Enconsultants. Your office called me to tell me .that we did not have a Town permit for which we then had an emergency meeting to get this Town permit. The other two gentlemen who handled this, one was the lawyer and the other was a man who,.was following it through, Mr. Koch, and they handled all this paperwork in dealing with the actual people who were doing this dredging or supposed to be doing the dredging and the bulkheads and Enconsultants had approached the Town about the--we had lengthened the groin out in front of our entrance because the ice had removed it and every two years it would fill up and the actual, wetlands in back of the opening were becoming ` contaminated, the water was slimey and the.:m'ussels were dying.-' so therefore, it had to be opened up, but this is not what we're trying=-we're-trying to say, here that we did not deliberately go and not get a, Town permit 'after getting, all the other permits. It was after talking to the two gentlemen a short while' ago .1 find out that it was an assumption by them that this was not an initial permit,'. this 'was a maintenance dredging which had been done two times before and was only to remove the small amount of sand to let the water get back in which nourishes the wetlands in back of this opening, which, contained five foot of water. So they assumed that this was maintenance, at least that's what they assumed, that_this maintenance permit gave them four more years to go ahead and do this. I have explained this to the Building' Inspector when he called me and I had said that well, there's probably something really wrong here, we did not get a permit, so we had a meeting with Mr. Albertson and quickly went about and gave you, which_I think you have there, a copy of every permit which we went after, including an extra DEC permit which 1 -went after myself in Stony Brook to get the sand removed so the children wouldn't be hurt and,.-now we are awaiting to get a permit from you. So I don't, know how to say; this but I think we are wrong if we did not get the Town permit but 1 , think it was an assumption on these people's part that the maintenance dredging was just something they go through and that was evidentally wrong. It wasn't that they were digging in the back or any where, it was.beirig done the same as it always was-just to keep that open. If we're wrong we apologize for,. but they just didn't look at it in that Fight. SUPERVISOR MURPHY: Thank you, sir. Anyone else like to speak? Sir. I Page 3 - Harbor Lights ,'.Vetland Public Hearing MR. FRANK JORDAN, Southold: I've been a resident of Harbor' Lights for about 18 years and periodically since Harbor Lights has been open, now every several years it's been necessary to dig that channel out again. . The sand and gravel just fills it.'.up. Now what the Association has done, more .specifically the property owners that adjoin the canal, have gotten permission from the U. S. Army Corps of Engineers to extend this groin which hopefully will eliminate the problem in the future of the gravel filling up the inlet. Furthermore, I mean well.;technically, yes, .it looks like it's been a violation. I can assure you it 'was definitely .an ,oversight, but what's involved is not so much wetlands, it's just the entrance which is pure gravel and sand mixed together; heavy gravel. So as far as that goes, I mean, it's--yes, we're technically in violation but, gentlemen, let me assure it .was an out and, out oversight. As I said, it's been done every year--every two or three years for the last eighteen years and where permits have been required, the way the law read at that time, they have always been secured in the past. Thank you. SUPERVISOR MURPHY: Thank you, sir. Is there anyone else would like to speak in behalf of this application? (No response.) Anyone like to speak in opposition to this application? MR. RON BARNISH, South Shore Docks, Inc:; East Quogue, New York: , I'm the contractor who--I've been penalized by these people over $600 for -not going in there and abiding by your rules, which states that you have to 'have a permit. have a letter here that was sent -to Mr. Koch and Mr. - Hall advising them.of.this. �also:-obtained a letter from Mr. Hindermann stating that under 'Chapte'r 97 the Town of Southold Wetland Ordinance a permit is required from the Town Board. All these letters, were sent on May 30th. Now I refused to do the dredging because they didn't acquire permits from you people which was stated to me by the Town Trustees and Mr. Hindermann that you needed. I retained the letter, I sent it, to Mr. Koch and Mr. Hall so it's not as if these people .didn't know all that's going on. They did it purposely. I mean, they fined me $600 because I did' all the bulkheading around there, they held money from me for six weeks, deducted the additional cost of getting someone else in and took it 'off the remaining bill.- Now, 1 don't think this is fair at all and if you people--our-Town Trustees tells me' you fine because you, do this work without a permit and everything like that, if you people don't fine or do anything, then the whole;--permit is farce. I mean, I might as well just go in and do the job first and forget about permits. Is that what you're saying.here? COUNCILMAN SCHONDEBARE: Could I see your letters? Did::you.giv_&,-us-_copi � of these? MR. BARNISH: No. COUNCILMAN SCHONDEBARE: Could we have copies of them? MR. BARNISH: Sure. I mean [ .don't think that's-right. These people deduct money from my other bills. I mean I had to take the money because they held the money for six weeks of a substantial amount. I would like to have taken them to court, but-- and I probably would have won because they had no right to. LI mean 'they're having me do something against the law? I mean by your law. And as a contractor and if there's any other contractors in here, I'm sure they'll .feel the same way. I did'have a Town Trustee--I went to 'the Town Trustees everywhere. The Town'Trustee told me that it's $200. a day for violation. I don't really think anybody in this Town really knows what the violation is it seems to me, but I don't think--I think something should be done before this permit is handed out. Thank you. SUPERVISOR MURPHY: Thank you, Ron. Ron, what is the name of your company? 4 Page 4 - Harbor Lights' _ . ,'Netland Public Hearing MR. BARNISH: South Shore Docks. SUPERVISOR MURPHY: Is there anyone else would like to speak in opposition to this •permi.t? (No response.) Is there anyone would ,like to make any comments at all? (No response.) _ Any member of the Board like to make a comment,at this time? COUNCILMAN SCHONDEBARE: Yeah, I want to know did the Harbor Lights people get a copy of this letter or not? Have you ever seen this letter? MR. COLE: No.. MR. BARNISH: It was sent to the people I deft with which is--- COUNCILMAN s---COUNCILMAN SCHONDEBARE: The attorney Robert Hall from Carle Place. MR. BARNISH: Robert Hall and Mr. Koch. COUNCILMAN SCHONDEBARE: Mr—Cole, do you have something to say? MR. COLE: I would like, to stand up here to say this was--I would like to answer the gentleman-whom I have never, met or ever talked to that he was contracted: to do this job and was told them that he couldn!t do it because he was, too busy, but he sent them paperwork to--that-.we would be sued by Mr. Hall, is that correct? MR. BARNISH: No, just :the••paperWoi~k that's in there. SUPERVISOR MURPHY: Just address your remarks to the Board, -please. MR. COLE: Okay. I'm sorry. So what they're saying is that he was deducted money. . T,here's supposed-to be complete paperwork here to prove that, he was not deducted--it wasn't deducted, it was legally kept, because he didn't, do that half of that job and it's supposed- toy,be self-explanatory in Mr. Koch!s paperwork which we can bring forward here when we get ahold of him to settle whatever we want to settle. This is as much as, I know about it, but he had mentioned'to me that he has all the paperwork pertaining to this job and what went on. , Thank you. MR. BARNISH: Excuse me, I could .obtain more paperwork showing that these people were negligent in supplying me with the necessary permits both for the State and the Army Corps of Eng ineers.:•--;When .I finally did obtain them I went to get somebody to dredge and Southold Town permit was' said to be needed by man from The Land Use Company: - He gets permits, I'm sure you're familiar with him. He` gets the Tidal Wetland Permits. Now, Pm doing this by what you, people said. 1 also wrote letters saying that I would "be glad to dredge as soon as they obtained all the permits. It's stated right there. It was all said to Mr. .Koch and Mr. Hall. SUPERVISOR MURPHY: Thank you. Is there anyone else here would like to make a, comment? (No response.) . Any Town Board members like to make any further comment? COUNCILMAN SCHONDEBARE: Councilman Townsend just mentioned that he'd like to keep the hearing open rather than adjourn it. SUPERVISOR MURPHY: 1 would.-suggest that we do. COUNCILMAN_ SCHONDEBARE: 1 would like to keep the hearing open pending, some receipt of some additional information perhaps from Harbor Lights and perhaps from this gentleman here from South- Shore Docks, Inc. Because I'm sitting 'here with a Page 5 - harbor Lights Wetland Public Hearing letter addressed to Mr. Koch with a cc to their Attorney Hall which says the Southold Town Board has made it 'clear to us that a Wetland Permit must be obtained before starting this project. I would like to hear a little more information please. SUPERVISOR MURPHY: Okay, this hearing will be recessed until our next regularly scheduled meeting on-September 11th at 8: 10 P.M. Judith Southold Town Clerk 1YIllLs A44®cIlall.Il®Il11 INC. Ha�L]I°I or LI1g '�E® SOUTHOLD, NEW YORK 11971 AUG 3194 August 30 , 1984 Town Cierk 5 d Southold Town - Board Southold Town Hall Main Road Southold, New York 11971 Re: Wetlands Permit Application #206 Gentlemen: On behalf of the Harbor Lights Association, Inc. , and myself as President, I would like to take this opportunity to clarify several facts regarding our request for a Wetlands Permit. A group of homeowners who own property in Harbor Lights and whose particular properties front on a lagoon,• hereafter referred to as the "Lagoon Improvement Committee" , initiated a project to eliminate the constant closing of the mouth of the lagoon•. This Committee worked independently of the Harbor Lights Association. Upon being notified by a member of the Lagoon Improvement Committee that the Town Building Department had advised him of the necessity for a Town Wetlands Permit in conjunction with their dredging project, and in the absence of the person who originally negotiated the contract for the groin •and dredging, I was asked to apply for a Wetlands Permit to avoid any dangerous situations that might occur while the dredged fill could not be removed. I believe that any further transactions with respect hereto should be addressed to :the• Lagoon Improvement Committee consisting of Robert F. Hall, Youngs Avenue, Southold, N.Y. 11971; George Koch, Koch, Johnstone Assoc. , Inc. , 130 West 30th Street, New York, N.Y. 10001; and William Cole , 1225 Schooner Drive, Southold, N.Y. 11971 ; rather than Harbor Lights Association, Inc . Respectfully submitted, ROBERT T. ALBERTSON, PRESIDENT HARBOR LIGHTS ASSOCIATIOH, INC. CC/Robert F. Hall George Koch William Cole , Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY ~` A; ! f TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OI'VITAL S'I A I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 30, 1984 Victor: Attached is copies of correspondence.presented to the Town Board by Ron Barnish of South Shore Docks, Inc. relative to the Harbor Lights Wetland Applica- tion. 516-77-21 __ 21 8 � /t/ /^ � EASTERN SUFFOLK GENE FITZGERALD P O' BOX 693 HAMPTON BAYS,NY 11946 A1�J. 516 333-3232 July 10, 1984 South Shore Docks, Inc . P.O. Box 37 East Quogue, New York 11942 Re: HARBOR LIGHTS JETTY - DREDGING Attention: Ron Barnish Gentlemen: I am enclosing herewith my attorney's escrow check #1507 in the amount of $4 ,133 .34 which represents payment in full for any and all obligations under jetty and dredging contract in the above matter. We had to pay $4 ,600. 00 for our dredging instead of the $4, 000. 00 per your contract so the sum of $600 . 00 has been deducted together with $100. 00 for electricity used. If you have any questions or problems whatsoever with the aforesaid please contact Mr . George Koch and not the under- signed . Very truly o r F. Hall RFH:bal enc. cc: Mr , George Koch Mr. William Cole KS pA South ' Shore Docks, Inc. DOCKS "I j w PILINGS GABIONS P. O. BOX 37 — EAST QUOGUE, N. Y. 11942 ;�^ DREDGING I'� BULKHEADS Code 516 — 653-5589 i May 30 , 1984 Mr. George Koch Koch, Johnstone Associates, Inc. 130 West 30th Street New York, New York 10001 Re: Harbor Lights dredging Dear Mr. Koch: Enclosed, please find a letter from the Southold Town Board indicating that a permit from them is necessary in order for us to undertake the dredging project. You have told us repeatedly that a permit from them did not apply to this project. The Southold Town Board has made it clear to us that a wetlands permit must be obtained before starting this project. Your reluctance and delay in supplying us with all proper ` dredging permits •is causing us unnecessary delays in scheduling and starting other commitments. Please secure the -necessary Southold Town Wetlands Permit and notify us as soon as you receive it. We do not consider the lacking permit a release from our dredging contract. However, we do feel it is unfair of you to hold up the remaining payment of $4833. 34 on the jetty. It is certainly not our fault that the proper permits were not obtained and that the permits that are in effect could not be given to us for our inspection until the 19th of April. I am agreeable to working out a compromise settlement with regard to final payment on the jetty. I would like to receive $2400.00 from you now and $2433. 34 when the dredge is placed on site. In return, I will have the dredge moved to the site within three weeks of receipt of Southold Town Wetlands Permit. The dredging will commence within three weeks of receipt of the permits and will be finished within a reasonable amount of time. We will dredge according to the plans submitted, for the amount of $4000.00 which is payable when dredging is complete. Sincerely, Ron Barnish RB/anb _enc. Mr. Robert F. Hall . 1 TEL. 7654802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR .LnP.O. BOX 728 +� TOWN ALL SOUTHOLD,N.Y. 11971 May 30, 1984 South Shore Docks Inc . P. O. Box 37 East Quogue , N. Y. 11942 Att : Ron Barnish Re : Harbor Lights , Southold , N. Y. Dear Mr . Barnish : This letter is in response to your request in the matter of dredging the canal within the above sub-division. Under Chapter 97 of the Town of Southold Wet- lands Ordinance a permit is required from the Town Board (See 97-13 Definitions See 97-20 Permit Req- uired ) copy of law herewith . An application for permit is available from the Town Clerks office . Y s truly I :hd cc -Edward Hindermann cc : Town Board Building Inspector Town Hall 53095 Main Road • �� .'_: _..,,- P.O. BOX 728 Y` 4' ``iS `;,` `�'; Southold, New York 11971 JUDITH T TERRY TELEPHONE To«T CLI'RK (516)765-1801 REGIS rR%R OI Vi rAL SI \I ISI ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 29, 1984 South Shore Docks, Inc. " P.O. Box 37 East Quogue, New York 11942 Attention: Ron Barnish Dear Mr. Barnish: Pursuant to your request for information as to whether 'or not a wetland permit has been issued for dredging at the mouth of the creek (man-made canal) in Harbor Lights Estates, Southold, New York, please be advised of the following: I have checked my records and files for a permit under the names of Harbor Lights Association, Coles, Hall, and Bruer, R. and I find no record of a permit for dredging the above described location. To my knowledge no one has made an inquiry to the Town Clerk Office' s regarding same. Very truly yours, Judith T. Terry Southold Town Clerk 1 ' r�1 .•rr L rz �dGT,�aroee�G 2Z`eZdra '/V W 451'6")765-1�1�0 May 18, 1984 South Shore Dock Inc . Old Country Road East Quogue, NY 11942 Re : Harbor Lights Jetty & Dredging Contract Gentlemen: - I have been advised by George Koch that you, or your assignee, will commence dredging no later than June 1 , 1984 and finish same within a reasonable time . In the event the dredging has not been commenced as aforesaid the property owners have instructed me to advise you that we will hire a dredging contractor and pay him from the funds we have on hand and hold you legally responsible for any excess funds that may be needed for completion. Very trul ,y s Robert F . Hall RFH:bl f.1 h Y Tr. COUNTY OF SUFFOLK ss:�- STATE OF NEW YORK ! NOTICE OF HEARINGS ON WETLAND APPLICATIONS' Patric* , being duly sworn, says that she is %NOTICE IS HEREBY„GIV- EN th'afpublic hearings will be Editor, of-THE LONG ISLAND TRAVELER-WATCHMAN, ;held-by'the Town Board of the a public n Suffol ; Town of, Southold, 'at- the Southold Town Hall,, Main-' { and that the notice of which the annexed is a printed copy, Roa46uthold,New York, on I has been published in said Long Island Traveler-Watch- Tuesday, August 28, 1984, on the following applications for man once each week for .......................:.1...............weeks permits under the provisionszr of the,Wetland Ordinance, of successively, commencing on the 9 the Town of Southold: 3:35 P.M.' In the matter of da a ............. 19..Sy ..... the application of Thomas D. _ MacDougall for permission to construct ramp and dock at I .. . ... ... .. .... ... . . . ........... Arshamotriaque Pond, .1275 ' j Mill Creek Drive, Southold, New York. 3:37'P.M.- In the matter-of the "application of Harbor ' Lights Association to dredge Sworn to before me this .............../.............. day of ' the ,canal at Harbor'.Lights I 8.14 Beach, Harbor Lights Cove ....... .............. 19........ Inlet, and use the resultant - spoil'as=beach nourishment iabove mean high water on the bay beach southeast of the dredging,project,A minimum ! of .20 ft. ;landward of tidal I ............... wetlands located in the inner Notary Pub ie harbor. ., 3:40 P.M.- In the matter of CCS � � the application The Land Use, ®jAgY PUBLIC,NTT14O PSOP4 Company, on behalf of John A!-0- �3at of Mgtx y®rk Di725 Carlo, for permission to � Redding la Suffolk County reconstruct bulkhead and re- iM gxpfres 119arch 30,1 turn at the end 4 Terry Lane, j on Town Creek,Soui fold,New York: ,, f 3:42'P.M.- Inithe,matter of -the- -application 'of Costello Marine Contracting_Corp., on behalf of Janet Maddams, for permission to_ replace bulk- - head on property lobated off.of the east side 'of Oaklawn Avenue, on Jockey , Creek, % Southold, New-York. All persons interested in said hearings should appear at the time and place•.above specified and will be given an ! opportunity'to�be heard. DATED: July'31, 1984. JUDITH T.TERRY SOUTHOLD TOWN CLERK 1T-8/9/84(61) I 1 4 MacDougall for permission to construct ramp and dock at Arshamomaque Pond, 1275 Mill Creek Drive, Southold, New York. 3:37 P.M. -In the matter of the application of Harbor Lights Association to dredge the canal at Harbor Lights Beach, Harbor Lights Cove Inlet, and_use the resultant spoil as beach nourishment above mean high water on the bay beach southeast of the dredging project, a minimum of 20 ft. landward of-tidal wetlands located in the inner harbor. 3:40 P.M. - In the matter of = the application The Land Use Company, on behalf of John DiCarlo, for permission to reconstruct bulkhead and return at the end,of Terry Lane, on Town Creek, Southold,New York. 3:42 P.M.-In the matter of --- the application of Costello ST�►TE OF NEW YORK ) Marine Contracting Corp., on LEGAL NOTICE behalf of Janet_ Maddams, for i ) SS: NOTICE OF HEARINGS ON permission to replace WETLAND APPLICATIONS bulkhead on property located COUNTY OF SUFFOLK ) NOTICE IS HEREBY off of the east side of Oaklawn GIVEN that public hearings Avenue, on Jockey Creek, will be held by the Town Board Southold,New York. j S U SAN W. ALLAN Greenport, in of the Town of Southold,at the All persons interested in said County, b g duly sworn,says that h she is Southold Town Hall, Main said hearings should appear at Road,Southold,New York,on the time and place above Principal C rk of THE SUFFOLK TIMES, eekly Tuesday, August 28, 1984, on specified and will be given an Newspaper, blis , in the Town the following applications for opportunity to be heard. permits under the provisions DATED:July 31,1984. of Southold, County of Suf o anState of New of the Wetland Ordinance of JUDITH T.TERRY IYork, and that the Notice of which the annexed is the Town of Southold: _. SOUTHOLD TOWN CLERK 3:35P.M.—In the matter of — 1TA9-4637 a printed copy, has been re the application of Thomas D. regularly published in said Newspaper once each week for one weeks successively, commencing on the 9th day of August 19J_4 ),-No P'A ('� - 'a's C -- JUDITH A. �N Principal Clerk N0Ti1RY PUBLIC,St�Re q(,Plpw York No 4796131, 9th Sworn to before me this 9th Term Expires ' 0 ,?41 a � ��t day of August 19 84 I! I I ii I �i J STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: . JUDITH T. TERRY, Town Clerk of the Town of Southold, pp � f i New York, being duly sworn, says that she is over the age of i ! twenty-one years; that on the 3rd day of August 19 84 ? she affixed a notice of which the annexed printed notice is a !! true copy, in a proper and substantial manner, in a most public ` I i place in the wn Qf Southold, Suffolk County, New York, to wit: - i1 I j! own Clerk Bulletin Board, To vn Clerk Office, P4ain Road, i I� Southold,�Tew York 11971 i- Notice of Public Hearings on Wetland Applications - August 28, 1984, Southold Town Hall: 3:35 P.M. - Thomas D. MacDougall I; 3:37 P.M. - Harbor Lights Association 3:40 P.M. - The Land Use Company, on, behalf of John DiCarlo 3:42 P.M. - Costello Marine Contracting Corp. , on behalf of Janet Madd;ams i j; Judith T, Terry _ Southold Town Clerk ii i; I Sworn to be before me this n 3rd day of August 1984 1 ! I Notary Public 1 ELIZABETH ANN NEVILLE NOTARY PUBLIC,State of New York i No. 52-8125850,Suffolk Countiyy� Term Expires Parch 30, 19_ t f i - 1 1 i; I LEGAL NOTICE i NOTICE OF HEARINGS ON WETLAND APPLICATIONS I NOTICE IS HEREBY GIVEN that public hearings will be held by the Town i Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, on Tuesday, August 28, 1984, on the following applications for permits under the provisions of the Wetland Ordinance of the Town of Southold: 3:35 P.M. - In the matter of the application of Thomas D. MacDougall for permission to construct ramp and dock at Arshamomaque Pond, 1275 Mill Creek +, Drive, Southold, .New York. i i 3: 37 P.M. - In the matter of the application of Harbor Lights Association I 1 to dredge the canal at Harbor Lights Beach, Harbor Lights Cove Inlet, and use the resultant spoil as beach nourishment above mean high water on the bay l � beach southeast of the dredging project, a minimum of 20 ft. landward of tidal wetlands located in the inner harbor. 3:40 P.M. - In the matter of the application The Land Use Company, on behalf of John DiCarlo, for permission to reconstruct bulkhead and return at v the end of Terry Lane, on Town Creek, Southold, New York. + 1 3:42 P.M. - In the matter of the application of Costello Marine Contracting' I Corp. , on behalf of Janet Maddams, for permission to replace bulkhead on property located off of the east side of Oaklawn Avenue, on Jockey Creek, Southold, New York. All persons interested in said hearings should appear at the time and j ;I place above specified and will be given an opportunity to be heard. DATED: July 31, 1984. i� JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, AUGUST 9, 1984, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long.-Island Traveler-Watchman The Suffolk Times Town Clerk's Bulletin Board Town Board Members Thomas D. MacDougall Harbor Lights Association The Land Use Company, on behalf of John DiCarlo i Costello Marine Contracting Corp. , on behalf of Janet Maddams i 1 I �T SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL RECEIVED Southold, N. Y. JUL 2 61984 Town Clerk Southold July 26, 1984 Mrs. Judith Terry Town Clerk Southold Town Hall Southold, NY 11971 Dear Mrs. Terry: The following action was taken by the Conservation Advisory Council at a regular meeting held Tuesday, July 24, 1984. RESOLVED to recommend to the Southold Town Board approval of the wetland application #206, submitted by Harbor Lights Property Association to maintenance dredge. Application approved provided all spoil is placed to the east of the beach and then removed so it does not wash back into the wetlands. The Southold Town Conservation Advisory Board has tabled the application of Richard J. Cantwell #207, Orient. He will be invited to attend the August meeting. RESOLVED to recommend to the Southold Town Board approval of the wetland application #208, submitted by En-Consultants, Inc. on behalf of Ludwig Becker to construct a timber dock, catwalk, hinged ramp, float, and pilings. Jockey Creek. Southold. The board would like to request that any spartina grass destroyed during dredging be replaced. RESOLVED to recommend to the Southold Town Board approval of the wetland application #209 submitted by the Land Use Company on behalf of John DiCarlo to reconstruct timber bulkhead and return within 18" of the existing structure. RESOLVED to recommend to the Southold Town Board approval of the wetland application #210 submitted by Costello Marine Contracting Corporation on behalf of Janet Maddams to remove old deteriorated bulkhead and construct approximately 120 ' of new bulkhead. RESOLVED to recommend to the Southold Town Board approval of the wetland application #211 submitted by Leon Marcus to install dock leading to a ramp and two floats. The Conservation Advisory Council has tabled the application #212 submitted by Thomas E. Samuels. The board has requested that Mr. Samuels submit a planting plan for restoring wetlands before his application is approved. The Conservation Advisory Council recommends to the Town Board that the application #213 submitted by Edward Jablonski to bulk- heada portion (70 ' ) of a-- lot along Pettys Pond provided the bulk- -head is placed approximately five feet behind•-the existing proposed site. RESOLVED to recommend to the Southold Town 'Board approval of the wetland application #214 submitted by Charles J. Galligan to install a fixed dock leading to a ramp and float. RESOLVED to recommend to the Southold Town Board approval of the wetland application #215 submitted by Heagan Byles to construct timber groins. RESOLVED to recommend to the Southold Town Board approval of the wetland application #216 submitted by George Sweeny to mainte- nance dredge. Respectfully submitted, Pne K CICHAN WICZ , CHAIRMAN Rousseau, Secretary o � Ln TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road RECEIVED P.O. Box 728 Southold, New York 11971 J U 24 1984 TownCIer4r Southold July 20, 1984 Mrs. Judith T. Terry Southold Town Clerk Town Hall - Southold, New York 11971 Dear Judy: The Board of Town Trustees discussed the Wetland Application No. 206 submitted by the Harbor Lights Property Association, in Southold. Trustee Smith and Trustee Kujawski would recommend to the Town Board Approval of said application, with the provision that the spoil is removed in a manner consistant with the bulkhead height, and to the satisfaction of Mr. McGuire, the property owner on the south side of the canal. Trustee Bredemeyer and Trustee Bednoski would recommend denial. Trustee Bednoski felt that this work was done before the proper permits were secured. He will not approve of any work that is done before permits are secured. Trustee Bredemeyer felt that permits should be secured first, before work is done. He would refer this to the Building Dept. for further action, then take up the matter at a later date. This resolution was lost, due to the split vote. Very truly yours, Henry P. Smith, President Board of Town Trustees TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR .ti m P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 July 10 , 1984 Harbor Lights Association Harbor Lights Road Southold , N .Y. 11971 Attn : Robert T. Albertson , Pres . Dear Mr . Albertson : The dredging your association had done at the mouth of inlet to Harbor Lights Cove is a. violation of the Wet- lands Ordinance , Chapter 97 , Sec . 97-20 , Town of Southold . This section of statute required a written permit be issued by authority of the Town Board . Your appli-cation No . 206 dated Jan. 27 , 1984 is a step in the tight direction to remedy this violation . The earl- iest the Town Board can act upon your application would be around August 14 , 1984 , providing recommendations are rec- eived in time from other agencies . There is concern by this office that the dredged spoils placed on the easterly beach may attract some young children to play in this area , this could result in injuries to them. To make the beach safe you may proceed to have the dredg- ed spoils removed in accordance with your permit #TW15276- 0157 "A" issued by New York State Department of Environmental Conservation as amended , letter dated June 25 , 1984 . The intent of this approval to remove the dredged spoil is to make the area safe and does not constitute a wetlands permit from the Town of Southold . Yo s tru y, 6 EH :hd Ed II dermann cc : Town Board Building Inspector FOR DISCUSSION - POSSIBLE RESOLUTION -� RESOLUTION - J Y 3, •1984 RESOLVED that the South d To Board declare itself lead agency in regard to the S a Environmental Quality Review Act in the matter of he applic tion of Ha_tbor Lights Property Assoc. for a Wetland ermit on certain prop ty located on Southold Bay at mouth Harbor Lights Cove at Harbo , Lights Drive, Southold, New Yo Town Board Members: If you will examine your application of Harbor Lights Property Association,, you will' notice that they have a Corps of Engineers 1-0,;.year maintenance dredging permit, as well as a ,DEC permit 'for the above referenced project, which was issued in June of •1981, and which expires, in:,1une of 1987, as well as an amendment thereto. Since the work has been approved by the Corps of Engineers and DEC I question the need for the Town to pursue the SEQR process. July 3, 1984 - the Town Board did not declare themselves lead agency, as the DEC had already completed the SEQR process. ,`g� • `°gym :•.�; �:� q Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OFVITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 279 1984 Southold Town Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is application no. 206 for a wetland permit submitted by Harbor Lights Property Association. 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, Judith T. Terry Southold Town Clerk Attachment : r. 3 Town Hall, 53095 Main Road Y ; P.O. Box 728 Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 27, 1984 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. 206 for a wetland permit submitted by Harbor Lights Property Association. Please prepare a written report of findings and recommendations with respect to this application . Very truly yours, Judith T. Terry Southold Town Clerk Attachment r Az 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 STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 27, 1984 Mr. Henry P. Smith, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Smith: Transmitted herewith is application no. 206 for a Wetland Permit submitted by Harbor Lights Property Association. 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 Of Southold Town Clerk's Office Southold, N. Y. 'JUN 1984 APPLICATION FOR WETLANDS PERMIT TOM Cm sauftm Application No. ..... .�,........... Date of Application ..: Ulv. .. 7„� l,�j ............... Identity of Applicant .HAPWR,LIGHTS PROPERTY ASSOCIATION .......................................................................................................... Address of 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 prc posed condition of the premises after the work is 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$50. 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 II, Section 97-21 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 p ermit shall be available for inspection at any time, upon request. Examined .................................................. 19....... Approved ................................................................ Disapproved ........................................................... Cnm'aitionS, if a!uy ...... .......... .....•. . .. .... ............................. . ..... .. .................. ........... .................................................................................................................................................................. 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: Permitrequested to .................................................................. HARBOR LIGHTS ROAD, SOUTHOLD, NEW YORK 11971 .................................................................................................................................................................. Location of property for which permit wanted...the„canal..at..Harbor„Lights.................. Beach, Southold .................................................................................................................................................................. Home address of permit applicant if different from aforesaid location .............................................. .................................................................................................................................................................. Creek, Bay or Harbor fronting property ..,9.Qi;,tj7,4ja...$ y.,....Shelter Island Sound.... . ...... Southold .................................................................................................................................................................. Size of proposed work: Length ........J,4.Q.. .,............................................................................................................................ Width ..,...,, 30 f t. ...................................................................................................................................... HeightAbove High Water .....g..feet.................................................................................................. DepthBelow Low Water .........4...feet.................................................................................................. Yards to be Excavated ...10 0 0..yards .................................................................................................... Yardsto be Filled ........................................................................................................:.......................... Width of canal, creek or bay fronting property..Southold..Bay .. ............. Depthat Low Tide ..6..ft.:................................................................................................................... AverageRise in Tide .2...ft............................................:..................................................................... Is this for private or business use? .......Private AreaZoning ............................................................................................................................................. Manner in which material will be removed or deposited ....Dredged............................................................. . .......... ...................................................................................................................................................... Intended use of property ..,,Recreation .............................................................................................................. .................................................................................................................................................................. Written consent of owner of property, if not the some as the applicant Same .................................................................................................................................................................. .................................................................................................................................................................. COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ROBERT T. ALBERTSON, PRESIDENT, HARBOR LIGHTS ....................................................... .�S�1;7�TY"'�1S5�7CTAT'TOI�""""""'•" P being duly sworn de oses P�2 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 virte of said er anted. .(.......... .... .. ..... ...... ................ .. .............. Signature of Applicant Sworn to before me this ......27th ..................... dayof .....June..................................... 19 84 Notary Public Linda K. Dawson, Notary Public, State of New York Qualified in Suffolk County #4694688 r Commission expires 3/30/85 7'451!A N c 9 D'{0DG0,.,V6, SoutNotO j. b SAM D d� AY SIrC IT T ' :► �4'� j ! PRoPase 0 lad S�r�'oLK Co �loi .Ex-res�vsid,v -rQ0r-, j i I r C U 7 ]-o 13�_ �.;-1 m �►I_ _ 1 c� O JJJ C � 0 n b r 0 ci Oo �? ' O to p` 14 0��r /J l Vii _`r 1! Co M M O N I-rt'' PAR/< `1 h N, Qj Q In Irl co N OA TuM.'MLW I Tocrs-f I PuRPoSc: PRI:vEN ! t�KiSriNb i T SAND i FRor1 EN T.4Rriv(m fN[.L;-j-- PROPOSED JE'Trr EXTE/J S O'Co ,- /IOJAcEN OCJNEQS : NAR30p, LIGNrs A,SSoCI� r-roN A• .I RY.gN ' Q-- SUUTHOLD, S<JF r--o4-A<, Coy A/, y as, `JoUTI-la/ 0 6/-4 y b CONS UL.TANTS/ rNC . - / GN N. MA rry S"r.� Sou-rHfl h PTo�r l TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : a In order to answer the questions in this short• EAF it is- assumed 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 result in a large physical change to the project site or physically altex more than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . Yes -,/ No 2 . Will there be a major change to any unique or . unusual land form found on the site? . . . . . . . . . . Yes--4—No 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . . . . . YesN0 4. Will project have a potentially large impact on groundwater quality? . . . . . . . . . . . . . . . . . . . . . . Yes X No 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . . . . . . . . . . . . . . . . Yes )( No 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes X No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes )CNo 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 7<No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . . Yes X No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? . . • . . . . Yes X.NO 13 . Will project have any impact on public health or . safety? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes "X-No 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . Yes 7-N0 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes �<,_No PREPARER ' S SIGNATURE /11A REPRESENTING 7/fi v DATE TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 15, 1984 To: Southold Town Building Department From: Ilene Pfifferling; Secretary Board of Town Trustees Re: Report of dredging and filling of Wetlands Mr. Quinn of 1080 Northfield Lane, Southold called with an inquire about dredging and filling taking place in the creek to Harbor Lites anchorage, in Southold. He was concerned with the placement of the spoil and wanted to know how the permit read, as far as the spoil was conc,erned, ''whether or not it would be removed or graded? After checking the files, I can find no permit for Harbor Lites. Will you make an investigation to find out if a permit is required. Mr. Quinn will be calling back next week. He is concerned that this spoil will be blocking his view of the bay. r R NEI# YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Building 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 June 25, 1984 AMENDMENT TO PERMIT RE: Permit No. TW 15276-0157"A" Harbor LIEl'its Assoc. Mr. ,leorae Koch 530 Schooner Dr. Southold, N.Y. Dear Mr. Koch Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Y Therefore, the permit is amended to authorize: Placement of excess fill on upland sites greater t1aan 300 ft from wetland areas, or, if closer, on sites above the 10 ft contour (as per USGS datum) or landward of legally existing bulkheads constructed prior to Sept. of 1977. In no event will the area containing the dredge spoil be excavated to below 6 feet above mean sea level. This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours, �iC�li`ZE�f�l ¢ Daniel J. Larkin Regional Permit Administrator DJL:cz 35 Robbins Drive East Williston, N. Y. 11596 April 4, 1984 N.Y.S. Department of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 Re: Permit #PM,115276-0157A Deat Mr. Fiscina: I would like to thank you for the time spent with me with regard to our proposed dredging at Harbour Lights Estates, Southold, Now York. Please be advised that we are going to start dredging within the next +, eei< or so. As per our nernit, ?art of the dredged material will be used to nourish the beach and the balance wiII be removed to an upland site. ''nce again I ,vou 1 d l i ke to thank you for the B i a given me in our telephone conversation. Very truly yours, George L. Koch Harbour Lights Estates cc: Robert Hall , Esq. , South Shore Docks ,,OQ-17-1 (5/76) J Formerly GA-4 NEW Y--- STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA116F4 TRANSMITTAL SLIP TO f�r FROM DATE C IL RE: G FOR ACTION AS INDICATED: ❑ Please Handle ❑ Comments ❑ Prepare Reply ❑ Signature ❑ Prepare Reply for ❑ File Signature ❑ Return to me ❑ Information ❑ ❑ Approval ElF1Prepare final/draft in Copies t PERMIT NO. =" NEW YC- t;;. DEPARTMENT OF ENVIRONMENTAL CON SERVA�..I %�----'' 10^83-1011 TW PW = PERMIT ;s - - } u• ::Y UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water)' ARTICLE 25, (Tidal Wetlands) �. ARTICLE 24, (Freshwater Wetlands) ] ARTICLE 36, (Construction in Flood Hazard Areas) ' "PERMIT ISSUED r0 ----- ---- --- _---- -- - HARBOR LIGHTS PROPERTY, OWNERS ASSOCIATION c/o George Koch RMIT , ADDRESS OF PETEE yy 35 Robbins Drive, E. Williston, N. Y. 11596 IF LOCATION OF PROJECT(Section of stream, tidal wetland, dam, building) Peconic Bay at Harbor Lights Cole off Southold Bay DESCRIPTION OF PROJECT T;e Construct a 75' and 25' extension to an existing timber jetty in accordance with the drawing entitled "Proposed Getty For Harbor Lights Association at Southold" prepared by- i Enconsultants, Inc. dated 8/_ 5/83. ;COMMUNITY NAME(City,Town, Village) --�TON'N .S _itt hold COUNTI' — FIA CUMMIUNITY N0. DAM NO. _FP—ERMEX IT PIRATION DATE -- %uffolk — -----� -- — — 12/31/84 ------ — GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional 8• That the State of New Yolk shall to no case be liable for any damage Permit Administrator, a notice of intention to commence ,vork at least 48 or injury to the structure or work herein authorized which may be caused by or hours in advance of the time of- commencement and shall also notify him result from future operations undertaken by the State for the conservation or - 0 - momptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to <f compensation shall accrue from any such damage. 2 The permitted work shall be subject to inspection by an authorized ra'. representative of the Department of Environmental Conservation,who may 9. That if the display of lights and signals on any work hereby authorized },-;•,, order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained_ 3. As a condition of the i9suance of this permit, the applicant has ac- by and at the expense of the owner. U` cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in actor- 1 -1 ever sutfered, arising out of the project described herein and has agreed•to dance with established engineering practice and in a workman_like manner. :x indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting,from the said project. - 11. if granted under Articles 24 or 25, the Department reserves the right' to feconstder this approval at any time and after due notice and hearing to 4• Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be foundtci ''•': shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency tomodification of the wetland hereby authorized has not been completed, the cause injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent-and to such time and manner as the Departmr'nt of Environmental Conservation may require, 5. Any material to be deposited or dumped under this permit, either in remove all or any portion of the uncompleted structure or fill and restore the the-waterway or on shore above high-water mark, shall be deposited or dumped site to its former condition. No claim shall be made against the State of New at the locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian-rights of others-, 6. There shall be no unreasonable interference with navigation by the to perform the permitted work or as authorizing the impairment of any rights;. work hereto authorized. title or interest in real or personal property held or vested-in a person,not a '" u t th t party o e permit. 7. That if future operations by the State of New York require an alteration pa - - _ in the position of the structure or work hereto authorized, or if, in the opinion 13. The permittee is responsible for obtaining' any=other permits, ap of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood flows or endanger project. i the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- 14. If granted under Article 36, this permit'is granted solely on the basis ment to remove or alter the structural work, obstructions, of hazards caused of the requirements of Article 36 of the Environmental Conservation Law and thereby without•expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood + of this permit, the structure, fill, excavation, or tither modification of the Ha7ords — Building Permits) and in no way signifies that the project will be jry'r; watercourse hereby authorized shall not be completed; the owners shall, free from flooding. wtthaut expense to the State and to such extent arid in such time and manners as the Department of Environmental Conservation may require, remove all or 1!i.'By acceptance of this permit the permittee agrees that the permit" any portion of the uncompleted structure or fill and restore to its formes is contingent upon strict compliance with the special conditions on the condition the navigable and flood capacity of the watercourse. No claim shall reverse side. be made against the State of New York on account of any such removal or alteration. 95-20-4(9/75) — - (SEE REVERSE SIDE) a' SPECIAL CONDITIONS R through J and P attached. 1. The end of the jetty is to be visible at high water in order to reduce its potential ' i as a navigational hazard. r' Y' DJLecg c.c. File attachments PERMIT ISSUE DATE PERMIT ADMINISTRATOR ti;° r �`r 5, +• ADDRESS Nov. 22, 1883 Daniel J. Larkin r �_, � ecional Permit Admin. (NYSDEC,A0 Bldg , Town Hall, 53095 Main Road P.O. Box 728 Sou tliold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR Of'VITAL S'I A i is r►cs OFFICE OF THE TOWN CLERIC TOWN OF SOUT14OLD ` September 21, 1983 Roy L. Haje, President Enconsultants, Inc. 64 North Main Street -Southampton, New York 11968 Dear Roy . In response to your letter concerning , proposed jetty for Harbor Lights Property Owner ' s Association, I have just received a response from the Building Department upon their inspection of same, and they state: "It appears that the proposed work will be beyond property boundaries, assuming property is to O,H.W. , no permit is required from Town. " ' Very truly yours, , i Judith T. Terry Southold Town Clerk 5 _ " r T• i 4 :N17 4 .,c', ',i.!- r_�_a''F_,w`i,l• - n j.i�n.�nS,r.'% r't )w 4tii H 1. . ,.. .l r --_ -._ 1- _ .__- _ _ -- _- � � .__.._ __< _ __ __ - ..Y -:. '^__ _r_-`_^7*� r--r: _,— •_-:- NEW YOF „TE DEPARTMENT OF ENVIRONMENTAL C-ONSERVA, TW 15267-0157 PGd FIQ PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ® ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction In Flood Hazard Areas) I'rRMIT ISSUED TO -- ___ __Harbor Lights Assoc. Rudolph H. Bruer ADDRESS OF PERMITTEE _ Main Road Box 1047, Southold, N. Y. 11971 _ !1_c-1%TION OF PRO)1( T (Section of stream, tidal wetland, dam, building) -Z s4�ho d Ba 2009 north of intersection of Harbor Lights Drive and S( RII'TIONT PROJECT — --"—" --- W ir Jammer ,e Maintenance dredge Charnel 3001 x 501 to depth of 59 below mean low water 9 500, cu. -yds. spoil material will be utilized as beach nourishment a ove mean high— water onthe_ bay beach southeast of the_dredging-project, all spoil material wi 1 be placed a minimum of 20' landward of tidal wetlands located in the inner harb r 1%Q)NIIY NA,mE ILIty, lo%%n, kvilla,;ei -- ------ TOWN ----- _Southold _ _ _ _ Southold rIA ( O.MMUNITY NO. DAM ,NO, PERniIT EM11KATION DATE Suffolk -- ---------- -- ------1---- ---- I 6/3 01$7 --- GENERAL CONDITIONS IL• i„nnitloe ,0,111 tile .n the Ofti(t til the appropriate Regional 8. Thal the State of New York Shall in no case be lldble for any ddmdre• %,I',• I notice of iniontion to conuneoce work ,It least 48 or Injury In the siruclure or work herein authorized which may be caused by or Ill at'%an(v of the Irmo of c`ommencernrnt nd >`tall al,u notify 1.1111 result from future operations undertaken by the State for the conservation car •I, tit ,%r :;r: tit Ine (ompleliun of the work, unprovt•meni of navigation, or for other purposes, and no claim or right to IL.• prrm,ined '%irk ,hall be suble(i Ica i n.pe•uiun by an aulholvl'i! componsalloll shall ac,-rue from anv such damage. :r tri [hr Dt pill"a,•rl II F11%u willent,t1 ( ur,,crvatlun who 111.1% 9 Ihdt It till (inpldy of light,, and signals on any work hereby authurized t pt ,t-•f it tilt ;,u!,li( trot 1 1 •u itrluur,• i, riot otherwise provided for b} law, but h lights and signals as may b( pr(- ,n cur :some% II Thi, Armpit, the applicant ha, ac- ,(ribed by the United Stdtrs Coast Guard shall be Installed and nair,I,luud •- .., I'll' rvct4n,n tit ;nr ap;,li(.Iti.m, the full Icgai rc,pun- b} ,Mid al the expenx of tile owner. 0 „ "'e" dot'I i ,t'ir,( I, (; %%i,:boor n,tJure, an 1 by v,blin- 10 All work (,caned caul under Ihts permit ,hall W. periuia,••(1 It at(,m- :�el tit int pfuirt; dr , ,r,r„ tit-trill .trill h.I, ,:{n•etl ;u ;art, with vdabli,hed engineering practice and in d %voikmanlit, ( ' Illdlilll'r •�I• ,. ,%c I�,nralrs, int Stott action,, dant+grs anti ' ',t ,lid Jt (nla,IN rtsMl!,n:; ,•Int Iht s,i,,! pro;tcj, 11 It granted under Articles 24 or 25, the Department rescrv— the rn,l,t to re(onsider this approval at any time and after due notice an(l hcanr,g to iler,al dr0d4f-(1 Ili Ihe• 1,ru�eculitin (,I Thr %wrk herein permilte(1 continue, rescind or modify this permit In such a manner as m.iy u• iuural to o,uvtd r%tr.l,, %%i;houl ],.wing i,uge r;lu,e piles, ridges across the be lust and equitable. If upon the expiration or revocation of tillsunit, lilt, ih, „ err n, IN Of %loud 1,11:0 car (11—P 1-olt . that mal, have a jee,dvncy to ulud(ll(aliuN of the wetland hereby authorized has riot been (omlhleted, i1„- r,i 11t%,4A)le (hall-11 ;, II 11 ;I11 b,,in- of Ine waterway• appiit ant ,hall, without expense to the State, and to such extent and tit such time and manner as the Department of Environmental Conservation may require, „ n,'i, r,,,i t„ ;,% utpmircd or (cump,J under This pt•nnu, either tit tri or, >11010 abnve high-nater n,,,,,, ,hill be dtpusit('d or dumped r(•n:Iee `111 or any portion of the uncompleted structure or till and teslon. the ,tit to ti, furnre•r condition. No claim shall be made against the State of New • ,.•,al,tt ,hu%%n car, tilt Jri%%�0, In•rrtt, at+ „hell, rnd, if So pres(nhed ,,,;Ion Of behiNu a gond aril suhsLul cal Dulkllc-ad car bulkheads, tush Turk on a(count of any such removal or alteration. 1 ,-l:, , itw car tho w,.irrial into the %%,,%env.1} 12. lilts permit ,hall not be construed as conveying to the applicant any n}ht to Irr,pass upon tit(- lands or Interfere with the rip.tnan right, of others ll,,it ,I+Ill t”. ['I) :;ar,•a,unanit nrtcrt •n•ott %%I!h n,ni1;,,Ilurt by the I.n l ,,uinuii„•,! to Derfurni the perinitled work or as aulhonzing the impairment or anv rights, title or Inleresl In rerl or personal property held or vc,ted in a person not a I ,t Itit Ill t pe anon. Ly Thr 1L,Ir „ \,%% York n•quot an ,Iltelattorl pmly to jilt- perntil. - I, u, II ;h, .,:ru,IL,t car %%oil, holt tWhurl7ed, of if, in Thr opinion 13. Thr ponniltce is responsible for obtaining any olix•r permils, ap- ,rry r,( w Lr.%nuonitnt,il ( Ie_•ri%,ilnm it Shall (dose unna,onablc piuvals, lands, eascnlents and rights-of-way which may b, required for thl, „ 'It Ica 1!` 1„1 11,11 rdtrwt t,l „i(I %%di,•t•, or Illud t1o%v, car cndangtr ,.ioi% tri n,•Udn• or the peuplo of Thr sate, Of loss car deslru(Irttn atdi,,l rts,tul(es tit lt't SI.11Q, the urine, awy be oldereu b) the Deparl- 14. If granted under Article 36, this permit is granted solelt, oil Inc basis !u I, r.tn,• Or alit( IRR- ,trLittLiral %%irk, 0b1tru(Iluns, or hazards cau,ed of the requifentents of Article 36 of the Environmental Conservation Law and nilhuut otpen,r ;o the Scale, and if, MAIN the 19,pir,10011 Of revocdtiut, Pall 500 of 6 NYCRR (Construction In Flood Plain Areas having Special Floud ;bail, flit ,(ru(tur(, fill, excavation, OF other modilicaflon of the Hazards — Building Permits) and In no way signifies that the project will be pert b} autbunzed ,hail riot bt cornpieted, the uwners shall, free from flooding. rid r1j„0,t- 10 the State, ,trill to ,u(11 ealrnt ,trill In ,u(h little Ind manner Dep,ulmtrll of Inviroinu•nial lur.,rn•aliun mal requirr, rrnnv(oall of 1S. By a((eplance of this permit the permittee agrees that the permit ;,nrllon tit Htr un(ompleled slfwtun or till and re,ture to cls former , (onlntgenl upon strict compliance with the special conditions on the lion Iln• lla%itidble and flood (ap,icily of Tho w.1lcr('uur,t. No (lain ,11,111 revere side. .:,illi dg,unst the State of New York on iccuuto of any su(h removal or a- 19",51 (SEE REVERSE SIDE) ' \ . _ V ,,PECIA'L CONDITIONS I I Applicant shall be liable for any damage to adjacent waterway resulting from any phase of the permitted construction. We reserve the right to comment at a later date concerning other environmental aspects of this project. The granting of this permit does not relieve the permittee of the responsibility of obtaining any ppermitst licenseso or other authorization which may q be required by other State, Federal or local agencies. There shall be no disturbance to tidal wetlands during the course of movement of spoil material to the beach area. ffJL% cg c.c. LAW E1,74RCEMENT U.S. Army Corps of Engineers File PERMIT IVV4, � r�M OII•T �i1ClESS o // `vy�L �J g.40,SUNY,Stony Brooks, N.Y. o. That if the activity authorized herein is not started on or before 7th day ofDecember 79 (one year from the date of iss�ance of this permit unless otherwise specified)and is not completed on or before �� day ofDeeember 19_t5 $�_, (three years from the date of issuance of this permit unless otherwise specified) this permit,if not previously revoked or specifically extended,shall automatically expire p That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if;he recording of this permit is possible under applicable State or local law,the permittee shall take such action as may be necessary td`record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property i s That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. II.Special Conditions* (Here list conditions relating specifically to the proposed structure or work authorized by this permit): I 3 "•' 1 li II 1 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, N,0110E OF AUTHORIZATION 7 December 1978 A PERMIT TO Maintenance dredge and beach nourishment in Southold Bay, Shelter Island Sound AT Southold, Suffolk County, New York- HAS BEEN ISSUED TO Harbor's Light Association ON 7 December 1978 ADDRESS OF PERMITTEE Harbor Lights Road Southold, NY 11971 CLARK H. BENN PERMIT NUMBER 10800 Colonel, Corps of Engineers District Engineer Julio°m' s THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK. *43f-0: 1 1977 292-984 . . .. . , �. '. ..c r:. ... !i. '1.::_- :�: . _r:t..t_ .�no-tryf.Y.�,.;:•.rY �• �<. -arr:��:•'Y2:.:::- S.C t . _ �' •F'rl' . A.•`..�Z .•:NII�1)✓'.. I �}:F•_moi• =,Cl"r.-:. ` DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINEERS 26 FEDERAL PLAZA NEW YORK. N.Y. 10007 w wsKy wvcw TO NANOP-E 7 December 1978 Application dated: 18 August 1977 Location: In Southold Bay, Shelter Island Sound at Southold, Suffolk County, New York Permit dated: 7 December 1978 Harbor's Light Association Harbor Lights Road Southold, New York 11971 Gentlemen: I Reference is invited to condition (n) of .the Permit. Notice of the dates of commencement and completion of the work should be sent to the District Engineer, U.S. Army Engineer District, New York, ATTN: NANOP, 26 Federal Plaza, New York, N.Y. 10007. Please display the inclosed Notice of Authorization in a place at the site of the work. If any material changes in the location or plans of the work are found necessary on account of unforeseen or altered conditions, or other causes, revised plans should be submitted promptly to the District Engineer to the end that these revised plans, if found unobjectionable from the standpoint of the public interest, may receive the approval required by law before operations thereunder are begun. i er 'y yours, 2 Incls: 0 1. Permit w/dwg Ch' 0 ions Division 2. Notice of Authorization NADIQY FL-113 Sept 76 y Application No. Name of Applicant Harbor's Light Association Effective Date 7 December 1978 Expiration Date (If applicable) 7 December 1988 DEPARTMENT OF THE ARMY PERMIT No. 10800 Referring to written request dated 18 August 1977 —for a it to. k ) Perform work in or affecting navigable waters of the United States,upon the rrecommendation of the Chief of Engineers,pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C.403); ( Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat.816,P.L.92.500), l ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 ' (86 Stat 1052,P.L.92-532), Harbor's Light Association Harbor Lights Road Southold, New York 11971 is hereby authorized by the SeLretary of the Army to maintenance dredge an unnamed canal to a depth of about 4 feet below the plane of mean low water. Approximately 400 cubic yards will be removed initially with additional dredging conducted as needed over the life of the permit to maintain project depth to allow for safe navigation into the canal. Dredged material will be used as beach nourishment. in Southold Bay, Shelter Island Sound at Southold, Suffolk County, New York in auurdanLe with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drdwings-give file number or other definite identification marks.) 1522-15 (Shelter Island 9-ound - Harbor's Light Association - Maintenance Dredging) >uhJe`-t to the lollo%%ing Lundihuns I General Conditions a That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit,and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification. suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions I or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified,suspended or revoked in whole or in part. ENG FORM 1 JUL 77 1721 EDITION OF 1 APR 74 IS OBSOLETE. (ER 1145-2-303) Town Hall 53095 Main Road P.O. Box 728 ` Nm ' Southold, New York 11971 JUDITH T TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 21, 1983 Roy L. Haje, President Enconsultants, Inc. -- 64 North Main Street Southampton, New York 11968 Dear Roy: In response to your letter concerning proposed jetty for Harbor Lights Property Owner' s Association, I have just received a response from the Building Department upon their inspection of same, and they state: "It appears that the proposed work will be beyond property boundaries, assuming property is to O.H.W. , no permit is required from Town. " Very truly yours, Judith T. Terry Southold Town Clerk 1 ENVIRONMENTAL RvfcEs. 98 3 A_A, 1�_ T INV# C"kik ' "_- EN-CONSULNTI-A I c)y IN(C, 64 NORTH MAIN STREETU, 'SOUTHAMPTOill, NEW YORK 11968 516-963-63&0 August 9, 1983 Southold Town Board of Trustees Town Hall Southold, New York 11971 Re: Proposed jetty for Harbor Lights Property Owner's Association. Dear Sirs: Attached please find work plan for the project referenced above. It consists of the construction of an addition to an existing jetty on the east side of the inlet to Harbor Lights Cove. The jetty will replace a shorter pre-existing extension which has been severely damaged by wind and waves. The purpose of the structure is to prevent sand in the littoral drift from entering the inlet to cause shoaling and consequent navigation problems. It is anticipated that the jetty extension will greatly increase the period be- tweer maintenance dredging operations and thus reduce disruption to the marine envir- onment. While we believe neither the Southold Trustees nor the Southold Town Board have jurisdiction due to the location of the project on Southold Bay, we wish to make you aware of it in the event any inquiries are made. Your letter indicating lack of jurisdiction would be appreciated. By copy of this letter and work plan, I am requesting similar action from the Town Clerk. Yours very truly, R4 L. llaje-,. P esident RLH: lz encl. cc: Town Clerk Y 1 Wim„ /fff." Town Hall, 53095 Main Road P.O.'Box 728 '" n- 5 Southold New York 11971 �y r E °n JUDITH T TERRY � -j TELEPHONE ToNvN CLERK (516)765-1801 REGISTRAR OI VITAL S I A 1 ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 25, 1983 11r. Victor G. Lessard Executive Administrator Dear Vic: Iday I please have a determination, upon inspection of the property referred to in the attached letter and map, to determine whether a Wetland Application is necessary. Thank you. r : RECEWED Ln SEP 19 03 1 � � TELEPHONE Town Clerk Southold (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.Q. Box 728 Southold, New York 11971 September 19, 1983 Mr. Roy Haje, President En-Consultants, Inc. 64 North Main Street Southampton, New York 11968 RE: Proposed jetty for Harbor Lights Property Owner 's Assoc. Dear Mr. Haje: At their regular meeting held on September 13th. the Board of Trustees reviewed your letter requesting a determination from said board on the above referenced work. Seeing that the work lies on the Southold Bay the Trustees do not have jurisdiction. Very truly yours, Board of Town Trustees Ilene Pfiffer ing Clerk to Trustees ENVIRONMENTAL S R V I C E +: AUG 0 1983 ' h EN-CONSULTANI 4z), INC..., 64 NORTH MAIN STREET, SOUYr'-1AMPTON, NEW YORK 11965 5!6-253-6"1060 August 9, 1983 Southold Town Board of Trustees Town Hall 7l Southold, New York 11971 Re: Proposed 'jetty for Harbor Lights Property Owner's Association. Dear Sirs: 11 Attached please find work plan for the project referenced above. It consists of the construction of an addition to an existing jetty on the east side of the inlet to Harbor Lights Cove. The jetty will replace a shorter pre-existing extension e which has been severely damaged by wind and waves. The purpose of the structure is to prevent sand in the littoral drift from entering the inlet to cause shoaling and consequent navigation problems. It is anticipated that the jetty extension will greatly increase the period be- ��'' tweer, maintenance dredging operations and thus reduce disruption to the marine envir- ' onmpnt. While we believe neither the Southold Trustees nor the Southold Town Board have jurisdiction due to the location of the project on Southold Bay, we wish to make you aware of it in the event any inquiries are made. Your letter indicating lack of jurisdiction would be appreciated. By copy of this letter and work plan, I am requesting similar action from the Town Clerk. Yours very truly, Ro L. Haje, P esident RLH: lz R. encl. cc: Town'Clerk" ;� wLdr' AY Sl1'r - ,yy: rL oo D s leaks : /-/ARCO R 4.16HTS � `��s—a yl° 1r o %' 47 � 1.1=54'1» .EXIST/N G OF INLFT I PROPOSE o ^ n i� C J' IDI JETT t- S'L'PFOIL AC Go T&ENSioN HAGs-r r ne MAP R o 3 cF1LE h ■ 1� FfISr�NG J OoT'roM Tn o so o I3�•r �� m o r,a�•;;'il�,y; I f S1i+•yU� 1* IDl 0- try . NNW i ISt 0 I 2 'f _ � W I to �2 0 It ]MUM 40 CoHn0N1TY PK If Z r In T. % 70 DATw MLI.J E%/STING 1 PuRPoSE: PREVENT SAND N�,1 yL FRor1 Er�T�RING t4.4-4= T PROPOSED JFTTr EXTE1vSioN Fa'' v .ris• 60JIgCENT OGJNEQS , 14AR3oR LIGHTS QSSoc/gTioN KDGH of SdUTHOLD� SuFr=OLIC Coy N. Y. G. by EN' Co Ns•I�LTANTS rNG C�I1 N. /1A/N $T SouTNA,-IPTo ria,r z 5 H 43,G T /o f 1 816-183