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HomeMy WebLinkAboutLusk, John f+` "f,S ^,e,; ' " _r •�L �, .r_, . .crr:" rrgb �", y4•,:S•, ,+v:�"i' - ••S3R, ^.+N,:�l,'`ri,''�v11''�'�t.''f�[.�- 'S"r:t�':l", •�':•:.r l_.`. •-4 d1Ael;'� s,�: •:'�'' Vii' .r' `"Y`,7r'` 'Y Lr' 7'. ,',�.�'` .'a,.. ..� - ,•-^ :n',((,k i-,S•t.. - L, - ..s;r•. , h 'r. 1 `f�„ •L. - i+� �=ti •`2'' - - .� '�•1;� ..(,tu''.er-.'.,r .i�.,..> ,h,.yq", .l. !-i" rr"s . .' ,.£ r `• 11, �t F'`1"�i��'�ni '{r J"`'? 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WHEREAS, Johii W; Lusk by applicationdated July 17, 1012,, made I a licati'on for a wetlands permit.' for the purpose of constructin a bulkhead kr pp i I i” p p g and filling land located on the southerly side of Riley Avenue,I adjacent to I James Creek, Nlattituck, New York, and E WHEREAS, the said application was referred to the Southbld Town Board of Trustees and the Southold 'Town Conservation Advisory Council for their )I y' i findings and recommendations, and j WHEREAS, a public hearing°was held by this board with respect to said application on the 12th day of September, 1972, at which tirt o' all interested persons were given an opportunity to be heard, and : WHEREAS, this board has thereafter examined all statenItnts and Ik' documents submitted with respect to such application and also has visited the i;• t 4' premises in question and is therefore familiar with the premises and the 4 effects upon the same which would result by reason of the granting of said application. NOW, THEREFORE, IT IS HEREBY RESOLVED AS F(3t LOWS; Upon all of the evidence and information obtained by this board, the r' board finds that the premises in question for which a permit is requested • {r consist of the southerly 50 feet of applicant's land which has a frontage of t j rt' approximately 75 feet on James Creek. On viewing the premises, the board finds that the premises are adjacent to a body of water known as James ` Creek which comprise a salt water body of water; that a substantial portion of the premises in question are covered by storm and normal tide waters, that the premises have growing thereon salt hay and cord grads and other beneficial vegetation which is vital to the marine life of the area; that the proposed filling as set forth in said application would compldtely destroy said wetland and therefore substantially adversely affect fishy shellfish or ?s'•' other beneficial marine organisms, aquatic wildlife and vegetation and the natural habitat thereof, it is therefore further ! RESOLVED, that for the reasons hereinbefore set forth; the aforesaid I r application of John W. Lusk is in all respects denied. � F ' 4• I I 1 i. �.I ti ATE OF NEW YORK ,LINTY OF SUFFOLK [ice of the Clerk of the ss. This is to certify that I, Albert W. Richmond, Clerk of the towns 0"f Southold, in 'WN OF SOUTHOLD the said County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed S r a L , by the Town Board of the town of Southold in said County, of guffolk, on the ...iQ th day of ... ......Qq ......... 19...7..2., and that the some is a correct and true transcript of such original resolution and the whole thereof. In Witness \/hereof, I have hereunto set my hand and dffixed the seal of said Town this ..13±1i.... day of ...........................................I.................... Clerk of the Tbwn Board, Town of Southold, County of Suffolk, N. Y. t: 7 Ti o � a MINUTE 'S SOUTHOLD TOWN BOARD September 12, 1972 PRESENT: SUPERVISOR AlBERT M. MaTOCCHIA JUSTICE MARTIN SUTER JUSTICE LOUIS M. DEWEST COUNCILM&N JAILS H. RICH, EIR. C OUNC ILMAN JAS F. HOMAN TOWN CLERK, AMERT W. RICHMOND 7:45 P.M. - John Lusk for a permit under the provisions of the Wetlands Ordinance Southold Town Board -2- September 12, 1972 Supervisor Plartocchia called the hearing to order at 7:45 F.M. in the matter of application of John Lusk for a permit under the provisions of the Wetlands Ordinance of the Town of Southold for the purpose of constructing a bulkhead and filling land shown as wetlands on James Creek, Riley ,venue, Mattituck, New York. .Councilman James F. Homan read the legal notice of hearing; proof of publication in the Suffolk Times and the Long Island Trave ler-Matt ituck Watchman; letter from the Board of Town Trustees objecting to the application of John Lusk as it would not be in the best interests of the ecology program; letter from the Southold Town Conservation ,advisory Council stating that they do not approve the application. Mr. Homan stated that a letter had also been received from Mr.- Faul G. Edwards disapproving. SUPERVISOR MARTOCCHIA: You have heard the legal notice of hearing., the proofs of publication; and the recommendations of the Board of Town Trustees and -the Southold Town Conservation ,advisory Council. Is there anyone present who wishes to speak for this application? MR. FAT CARIM I am representing Mr. Lusk. There is an erosion problem, the meadow is falling into the Town creek. It is wetlands but there is a problem and something has to be done about it before the land is lost. SUFERVISOR MARTOCCHIZA,: Does anyone else wish to speak in favor of granting. (There was no response. ) Southold Town Board ®3® September 12, 1972 SUPERVISOR MA,RTOCCHIA: Does anyone wish to speak against the granting of this application? MR. EDWARD W RSING: I speak for the North Fork Audubon Society. We feel that the recommendations should be upheld. We feel that the Wetlands Ordinance should be rigidly upheld. It should not be necessary to defend the Ordinance every, time someone wants to go against it. We feel that this request should be denied. MR. DONALD BRANT, Director, North Fork Environmental Council: Several of our members have visited this site and they advise that the wetlands are lush, extra fine wetlands. (Mr. Brant read from letter addressed to the Supervisor, as follows: ) Regarding the applications of Messrs. John Lusk and Arthur W. Sauer, for permission to fill on Riley ,Avenue, James Creek, Mattituck, these are lush, extra fine wetlands, 'and we urge that you and the members of the Town Board give the same consideration to the values of wetlands preservation and the dangers in its destruction when reviewing these applications as you have done in previous applications which the Board has refused. (Signed) Donald B. Brant MR. JAMES KIM kIINS, Matt itu ck: I heard from a neighbor on Riley Avenue that the purpose was to fill in and build additional buildings. Is there any way _we can find this out? I am opposed. SUPERVISOR MARTOCCHIA: You can ask the Building Department. M.R. CAREY: .That can be done for people who own these wetlands in terms of tax dollars? If a man Is not allowed to use his own property as he sees fit, he is being discriminated against. If he can build a walkway it is a right of way. I am concerned with Lusk right now. He does own the land and has been paying taxes on this land. Some reimbursement should be made if he cantt use this land. There is ample meadow in that creek. Southold Town Board -4® September 12, 1972 MR. JARVIS VERITY, Bayman: I have a paper from Southampton Town saying that anything from high water back is owned by Southampton Town. The Trustees have no right to give any permission according to Southampton Town Law on any creeks. They belong to the people . Mr. Gloria has $60,000 worth of property which doesn't belong to him. It belongs to us taxpayers of Southold Town. I am opposed. _ MR. A. HUGHES, Mattituck: I am opposed. I ,would like to have Mr. 'Edward's letter read. Tetter from Paul G. Edwards dated September S. 1972, addressed to the Town Clerk, cc: Town Board, Hon. Martin Suter. In reference to the attached announcement of a hearing for two parties to obtdin-- permission to bulkhead and fill land on James Creek, Mattituck, which is designated as wetlands, I'd like to have the following comments considered as reasons for not approving the request. It is assumed by the writer that the properties in question are adjacent to the dredged section of the creek itself and are the properties several interested parties and the writer looked at. The area is indeed wetland—being all bog covered, for the most part, , with salt water grass growing on it. It could never have been considered building property without major man-made topographical changes. One would assume that the properties would sooner or later have a resident building constructed on them. This would bring a question as to the available potable water- for the residence. If good hater was not found, one can easily predict the next action. _ Alternately, if potable water was located, would this not help to overtax an already limited supply. Along the same line of thought, necessary sewage systems would likely be located on the creek side of the property where sand needed for filtration is least avaulable and the bog the deepest. The result would be little or no drainage, and overflow, or direct drainage into the creek through bog faults with no_ filtration. Southold Town Board -5- September 12, 1972 Also, this approval, if granted, would set the precedent for other unscrupulous speculators to act elsewhere on the creek and township. The Town has been arise in its long range planning, and it is the writerts most fervent hope that financial influential individuals and groups will not be able to take what little is left of a great natural resource and destroy it just for -the -sake of financial gain (regardless of what title or name is used to disguise their action. ) VIRGIM MOORE, Southold:_ I am opposed to this also. I think the writer has put his finger on a very important point. ItAs is unthinkable that any speculator could go ahead and make a killing on his land simply because he was able to get it and get permission to bulkhead and fill it. JR. PAUL STOUTENBURGH: I have personally inspected these properties. I am against the filling of these wetlands. I would like to bring up the point that when you grant a permit to dredge a creek there are more things than meet the eye . If you look at this creek. . . if y-ou put a County dredge into it and it dredges 8t deep into it, you will have problems. I can see why this man is concerned that the banks can erode. We have that problem in every creek in the Town because we went through them with this huge dredge. If we used smaller equipment we would have less of a problems We would not interfere with water tables. It's very important to think a little further than someone being able to get his boat into his back lot. M. WILLIAM BEUSCHEL: I have a question in this general area. At Goose Creek bridge there was dredging done some years ago and the deposit was placed on top of the gorge. In the last couple of years two cottages have appeared on that area which might possibly be 81 above high water level. I wont't bring up the matter of fresh water for their use or for disposal of their wastes. On the other side of the road from these two structures there is a much larger area which Southold Town Board -6- September 12, 1972 is also filled an. I ask you is that going to be available for builders? Should we expect mor® homes on the end of Rathts property? SUPERVISOR YMTOCCHIA: He owns that to the water. It t s part of his big estate. He has about 26 acres'dn there./ He is happy with it the way it as. MR. WILLIAM BRUSCHRL: Whose decision was it to pump that fill where it was pumped? SUPERVISOR MARTOCCHIA: That was before my time. I can't answer that question. Engineers from Yaphank generally consult with local government. NR. VERITY: How did they get the deed to that property, that was all wetlands for years back. SUPERVISOR IWTOCCHIA. He has the Deeds. I have checked that. Wetlands can belong to people. SUPERVISOR MARTOCCHIA: Is there anyone else who wishes to speak for or against this application? MR. ARTHUR SAUER: I have the other application and Mr. Lusk is not here. There seems to be a misunderstanding. . . such as the building of houses. There are homes on this property of mane and his. Mr. Jarvis Verity says that this property belongs to the Town. Maybe he could tell me who pays the taxes. Regarding mean high water, m' understanding was that mean high water was at the boundary line. Time has taken a toll. Nothing will grow an salt water but eel grass. Salt water kills the grass. Then it belongs to someone else is a statement that is not true. People should understand we are trying to preserve our property. This is every mants right. a Southold Town Board -7- September 122 1972 M. VERITY: We got more fish this year. The fish live on wetlands. If we did not have any wetlands we would not have any fish. We have better fish this year than in 25 or 30 years. Itts a beautiful thing. The wetlands are here and a lot of people dont appreciate them. MISS MOORE: Itts my understanding that wetlands builds land. Wetlands has a kind of grass that creeps out into the water and catches sediment and makes land. Mr. Sauer seems to think the opposite. MR. WIR.SING: That grass is called spartina. Itts the best defense against erosion. MR. STOUTBNBURGH: Wetlands grow and actually move out. They- are heyare not a thing that remains constant. It continually moves out and catches sediment such as a filter would. If we did not keep it open it could close itself over and fill in with debris. It must be covered by water twice a day. MR. SAUER: lie probably have the wrong kind of grass. I have not noticed anything going out into the channel but I notice water coming back in. We must have the wrong kibd of grass. MR. STOUZ'IiN URGH: This runs off from higher ground and with it it brings silt and it deposits it in the creek bed and it builds up. The same thing happens at the bottom of the Mississippi River. It is silt that is deposited down there and this is what happened many years ago when the water ran off the land to form this creek. Southold Town Board September 12, 1972 SUPERVISOR MA.RTOCCHIA: Does anyone else wish to speak for or against this application? (There was no response. ) SUPERVISOR IURTOCCHI&: We will now close the hearing. The Board will consider everything we have heard and make a determination at a later date. 1 �Cr.,_t'-tea' �,'• t r r r r - `. . . r ' , l" TOWN OF SOUTHOLD - TOWN CLERK' S OFFICE SOUTHOLD, N.Y. APPLICATION FOR WETLANDS PERMIT Application No. - Date of Application Identity of Applicant U 1_6l S K( Address ,of Applicant /`� //�' /� / cA- gotl INSTRUCTIONS FOR PERMIT A. -This application_' is '' to ' be completely filled inrby typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writtenpermissionfrom the owner of the property if nbtathe same 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, tand a detailed description ,of,, ., proposed project. '(Note: Copies of, the Pilot Plan- may- be ,madeby a, copy machine, and attached to the Permit Application ' C.• '' 'No operations shall be initiated' by the; applicant until.,all_ permits- that are required are issued, D. A detailed statement of the rehabilitation and ,proposed ,condition of ,the premises after rthe work is completed -must be given',- including a survey if .,required. ; E. 'It 'permit is being sought :for ,'amore; 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 . oontrol'•of survey•'shall be,,based ;upon an , approved local coordinate system:' ''' 'The vertical control' for and soundings shall be based upon- United-States Coast and-,Geodetic Survey and/or United r States , Geological' Survey =datum. , F. ' A' statement must''accompany' the application describing any known prior operations conducted. on the -premises - in question a'fid, whether any' prior _licenses or permits have been issued to erect structures or to dredge ,or ,deposit fill on said premises and whether, any such permits` or licenses 'were ever revoked or suspended by 'a' governmental agency, , - ' G.' 'A filing fee of „$25.00. shall accompany; the application. ,,paThis filing fee ;includes ,one inspection,--there is a $5.0,0 fee for each additional inspection. H: The'- Town Board upon 're,quest •of' the. applicant for a permit, may, waitze in 'whole or' in part, the provisions of Article 'II,, Section 210, subdivisions"'(d) and , (g) where it, finds that the 'haturieof' the , proposed"operations' 'are,,such that the requirement's of sch` provisions_ are nat, necessary for 'a-proper considertion of 'a permit/ application. I`r. 'Upon approval" ` of this application the Town Clerk will issue 'a " ' ., PP permit to the applicant. Such permit shall be availablerfor, +inspec0 �'tio'n,.at .any time; upon request. Page 2. ;oo Examined 19 Approved Disapproved Conditions, if any Examining Body Signature of 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 governing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to O T -3u , —!�& C��/U/' �if c+u�/t' S W,�5— i ,l�i �Ci 4.0 Location of property for which permit wanted Home address of permit applicant if different �.from aforesaid location �.� zoV A Creek, Bay or Harbor fronting property �! o�%'Y1�S' Ci,67,5 Size of proposed work : Length 74- 1 Height Above High Water �- Depth Below Low Water _ Yards_ to be Excavated Yards to be Filled �G O Width of canal, creek or bay ,fronting -. - propertyG C> % Depth at Low Tide Average Rise in Tide _ f V� / ��✓J'lITS ISSUL�f� u� , �FL�G//t��17 _ i - , , ' ,., , `,frt:�f,5' I,"_•;, a5 .r...� va➢; r,ri;'}';S'7., . , 'ir"r'(','t' �%�'"r':i1(',�,",,C,,.,4`.E;f',J,•.r,aj3{b',", Page 3 Is this for private -or, busin'es's use?"_ Area, Zoning S ac-dJT//-pz- Manner -in which material will be removed or deposited z Intended use of property ,uc_rE n ' —(�'� /�r�`� � J r�®E'er - ' • ; Written ,consent of owner of property, if, not the same as the applicant' , STATE OF NEW YORK)SS :, COUNTY OF 'SUFFOLK) being duly sworn deposes and 'says that he is the ap can't for the -above described -permit, and that all .`statements cont fined 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, a's 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 b virtue of said •pbrmit, �if' ' granted. „ J. . - �.Lgr.dturC of .l pplidant c/; Sworn to befo e 7e this „ s ' day of. - ; 19 Notary, Public / ADELE TAYNE Notary a',np"c ,ieAr 'York ! Residrog ,n Sw',ot; county'. 'j No. '52-3041.,00 11 — Commi'ssioq Exp,res March'30; 19 - •' -r. ' ;, ., ' i tit` •!, ,,,` ,�+ I'd`s'{ -', , 1' r., f `1r• ' I Y ,�{ „ ,„ '4 , ^,",1 'iK i•., .- '__ •ls ,'si,f •A' 'I. '" n• .•'I ,I'i' .., �I a, I• •'l; l, „-, '':, - • Is' _ ., ... o, -,ah r ._., ,i .Y„ t' ,i' _ : „ I,i' Ar 4y,, 'gin„ 'r'�'A , ,F,�„'`, ,, ,, ,. ., r �rEs , AAS K e , Ll L COUNTY OF SUFFOLK ss: STATE OF NEW YORK NOTICE- OF Iffi ARTNOrS i C. Whitney Booth, Jr., being duly sworn, says NOTICE,'ZS 'HEREBX'GIVEN, i, that heal°ings ,';will 'fie =held' I.v I that he is the Editor, of THE LONG ISLAND the Town Board of•the Town of TRAVELER - MATTITUCK WATCHMAN, a public news- 64SoaIh."Street.-Green-' .tpoit, Nev%iroik, on the 12th day Paper printed at Southold, in Suffolk County; and that ofv1Se*6mber,,1972, in the mat- the notice of which the annexed is a printed copy, has been 'Vter'of-the'following.;-applications: ,:40'P, lel:,"upon application of published in said Long Island Traveler-Mattituck Watch- Russell AllenSta'ssen for'a,per- , mit under"the'provisions of the j man once each week for !`�°..• . weep I ......° Wetlands ,Ordinance of the Town of Southold for the purpose of �1 / ,J ,p constructing'•a wood walkway to ( successively, commencing on the ......... •...° ........•..•..°. the watei•sj edge across meadow, on Reserved 'Pot 'A, Section 2, day of ..... .... .F .........., 19 . M. S. Hand Map,1280, on Eugene Creek, Stillwater.-;Avenue, Cut- chogue, New,York. 7:45 P;;'A ,,.,upon'application of ......................... .................... .............. ............. John Lusk';for a permit- under the provzsiong of the 'Wetlands Ordinance=of-the Town of'South- old for the'pdrpose,of�construct- ing-a, Bulkhead and filling.land �/ / shown_ as $wetlands` on James Sworn to before me this ......y�li�:...... day of Creek; Rileyiley Avenue,'\Mattituck, New Yoik.- 19.�... ,M." upon application "" '°" °' bf�'Ai-tihur'W. Sauer for w permit underYth6-provisions of the Wet- lands 'fOrdinance• of the -Town of 'Southold for-the purpose of constructing -a,- bulkhead and filling - n `as.wetands •°••••°•°••••w 'on JameSLt'Creek,•-Riley',Avenue, TTotawrg ziic Mattituck,'New York. ,. All persons interested in'rsaid matter&,shall'appear'at thit',£ime ADELE PAYNE j and --'P I lace, above''specifiet'�and'- Notary Public, State of New York IJ will'13e- iven;,an;ogpbrtiiri to Residigg in Suffolk County be lieai•d. ?' ^ ,y-"'' ' No 52.3041000 ,- ',.� Commission Expires March 30, 197 DATED'"August 841972' ' ABY ORDER OV,.THE' Sot=.' btb TOWN;rB06Rb` ALBERT'W. RICI4MUDiD TOWN CLERK I , i 1T--31 s l .y 1 LEGAL NOTICE LEGAL NOTICE NOTICE OF HEARING of Southold for the purpose of NOTICE IS HEREBY GIVEN, constructing a bulkhead and filling land shown as wetlands on that hearings will be held by the James Creek, Riley Avenue, Town Board,of the Town of Mattituck New York. Southold at the Supervisor's All persons interested in said -QTY OF SUFFOLK, Office, 16 '-South' Street, matters shall appear at the time E OF NEW YORK, � SS Greenport;New-York,on the 12th and_place above specified and day of September; 1972, in the I will be given an opportunity to be j matter of *;the, fallowing, heard.'" Stuart Q. Dorman being duly Sworn, applications: ;DATED': August"8, 1972. �. '7:30 P.M., upon application of BY ORDER OF THE that . . h e. • Russell "Allen Stassen fora ` is Printer and Publisher of the SUFFOLK , permit under."the provisions` -e SOUTHOLDTOWNBOARD ( ALBERT W.RICHMOND, KLY TIMES, a newspaper published at Greenport. in said the -Wetlands Ordinance of the TOWN CLERK Town of Southold for-the purpose- . qty; and that the notice, of which the annexed is a printed of constructing a wood walkway — to the waters edge across copy, .has been published in the said Suffolk Weekly Times meadow, on Reserved Plot A, Section 2,M.S.Hand Map 1280,on once in each week. for . . . . . , . . . One . . . . . . . . weeks Eugene Creek, Stillwater thirty-first Avenue, Cutchogue, New York. successively commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . ,7:45 P.M.; upon application of John Lusk for a permit under the deny of . . . . tz:�_=.-- .:lq 72 provisions of the Wetlands Ordinance of the_ Town of �\ '`" . . . . . . . . . . . . . Southold for the purpose of SWOrn t0 fore a $hi , i constructing a bulkhead and ; filling land shown as wetlands on day Of James Creek, Riley Avenue, Mattituck, New York. 8:00 P.M., upon application of FENCE TOW�$��� . . . . Arthur W. Sauer for a permit .99 RY. .PuBaG OP NEW. YDRK. • . . . . . • . • • . . • . . under the provisions of the Residing in Suffolk County Wetlands Ordinance of the Town Clks. No. 52-9366350 Av Commission Expires March 30, 19__f Z ' 1 1 ? I s I z 1 I STATE OF NEW YORK:, E S S . �' I COUNTY OF SUFFOLK: ' I ALBERT W. RICHMOND, of Southold, Town of ; Southold, New York, being duly sworn, ' says that he is over the age of twenty-one years ; that on the o1 day of ,��!fJ 19-/=, he affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner; in a , most public place in the Town of Southold, Suffolk County, New York, to wit.- L� 1z 1Town Clerk Bulletin Board, Town 'Clerk Office , 4. Main Road', Southold, L: I. ,N.Y. ' Sworn to- before me this lbert W.' Richm nd, Town C erk � I � ;day of I , I I19 #• ' i ,v otary Public J'�Di'H T.'Bova1 Notary Public, State of New York No 52-0344963 Suffolk County Commission Expires;Mcrch 30, 19� r ! f • 1 1 FoLA o� OFF 0 - ■ W ERK T sU D ALBERT W. RICHMOND Q�i ® TELEPHONE TOWN CLERK ijy'� _S�®� 765-3783 REGISTRAR OF VITAL STATISTICS SOUTHOLD, L. 1 , N. Y. 11971 July 17, 1972 Supervisor Albert M. Martocchia 16 South Street Greenport, New York 11944 Dear Mr. Martocchia : Transmitted herewith is application no. 7 for a wetland permit submitted by John Lusk. Copies of this application have been forwarded to the Board of Southold Town Trustees and Conservation Advisory Council for their report of findings and recommendations. Very truly yours, Albert W. Richmond Town Clerk OFFICE ®F T®WN CLERK TOWN OF SOUTH13LD j ALBERT W. RICHMOND TC1WN CLERi: - 5 7 37B - ' 6 ,NU 3 j 3 RE UISTRAR OF VITAL 5TATISTICS I SOUTHbLD. L. I., N. Y. 11971 } 4 October 13 , 1972 Mr . John Lusk Riley Avenue Mattituck, New York 11952 Dear Mr. Lusk : Transmitted herewith is a copy of the resolution passed by the Southold Town Board at a regular me'e-ting held on October 10 , 1972 , at which time your appl'ii�ation mor a wetlands permit was denied. Very truly yours , Albert W. Richmond Town Clerk BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK August 8, 1972 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: The Board of Southold Town Trustees objects to the application of John Ludk, Riley Avenue, Mattituck, New York, for permission to fill wetlands. This proposal would not be in the best interest of the ecological program. Very truly yourstn aDte-Z I 41 Alvah B. Goldsmith Chairman UO _ •nv.i=t-,u;'ir r,'ISf!'y.+, ;it,y ;i1fyK.,.';i;,,s' ' , - i,`l T£aj'%'' ,, n ,'1.,i fir`',` •, , TOWN OF �S OUTHOLD TOWN CLERK',S OFFICE "fSOUTHOLD, N.Y. APPLICATION FOR WETLANDS PERMIT Application No Date of Application Identity ,of Applicant d i-r Address of Applicant /G� v e /w/i9;Tf�/TUl� ' , INSTRUCTIONS FOR PERMIT A.' This app] ication is ::o ' be ,c0a,pletely, filled in by ,typewriter or ink and submitted, to the ,Town' Clerk in quadruplicate, ,accompanied by writtenpermission from- the owner of ,,the property if notithe same as . �r 1, ;,._ ,., ,thel .aPP-1'icant. ' , , , ', ,;., , �•-. , . ,�: , . , .. , ,t •, , � , , , - �,. B. Pilot Plan must be drawn to scale on the- reverse side of this, app�iicat'ion s'h'owing the location of property, -the names and-'location's , of 'owners o'f adjoining properties', and a' detailed description 'of proposed project. ' (No'te: Copies of the Pilot Plan may be made, by a, copy ,machine ,.and attached to the Permit Application:) C. " No' operations shall be' initiated by the applicant until! all" , ' - permits that are required 'are issued. ; D. AL d_ etai'led'`-statement 'of, the rehabilitation 'and proposed `condition of the' premises after ' the work is completed must be given, inc1,uding a ,s'u'rvey if required' . E. If'','permit is being- sought�for a more sizeable excavation than the --construction ofa private single dock or jetty, then this application mu's't 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' approved local' coordinate system. �The' vertical control for''elevation and soundings' sha'IT be based ,upon United States Coast''and' 'Geodetic''Survey and/or Uiz'ited -' States 'Geological Survey' datum. F-.;, A statement must accompany the, application,,describing any known ; prior operations conducted` on the 'premisesin question and whether' any prior -'1'iceni; o'r permits,- hate` been ' issued"-to' erect; structures.i ; or`.. to dredge or 'deposit fill on said premises' and 'wh'ether .'any such permits or "Licenses 'were ever revoked, or suspended' by 'a'- governmental ; G. A filing fee ,of $25.00 "shall` accompany the—application..'' This f,i,ling, 'fee' includes one, inspection,=there is a $5.00 fee for each additional inspection. ti H. The 'Town" Board 'upon' request 'of ' the' applicant for 'a permit, ' may - ' waive .in' whole' or in 'part, the pro'vis.ions of Article II, Section 21,0, i; subdivisions, (d) and (g) where" it finds that the nature of the proposed -operations are such' that the requirements. of such;pr"ovisions are, not,•,neces,sary' .for a, proper,,,,dpnsidertiori, of"A, permit application. I.' " Upon approval 'of' this 'application the Town, Clerk will issue a' permit . applicant: ' Suc'h' permit 'shall be avai'l�b,le for inspec0 p ;. :tid'n ,at, `any Time, 'upon',reques't.`.. ; ,.. ,. ''v 3r�' .,. 'd`'hd ,W- ,"t. �,_..+. ,i_. .,, „ "a_. f!. *` * :^*.n t,`_*.1 e'„k, l .,1!`„�''„>, ; , �1 ,. s' '!:. ' , „ , • .,1. . nrtv,` , "r.(,r,P I•'.0 i' F Page 2., Examined J'U.l;r 291 19 Approved No Disapproved -ti`-' e tab R�_':�;Pfi`== r,Padow is wetla.nc� Is not ace Conditions, if any Examining Body Signature of Chair 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 governing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to �el/VS/-7?u 9!7_Z9_/I:? o /4—s W, i 1116710 6 e)C,_:2 Location of property for which permit wanted 1461t Home address of permit applicant if different from aforesaid location yo t�v toe 4f 19J 11 /t) - Creek, Bay or Harbor fronting property T Size of ,proposed work : Length 75– YY > G6 ...G.3 il Height Above High Water' Depth Below Low Water Yards to be Excavated Yards to be' Filled `140 Width of ,canal, creek or bay fronting property 'Lo0 Depth at Low Tide Average Rise in Tide wo r�A) 0(,x)/!J ��(O� 0rA4e;n'147 /O-L-1" (✓0tiDu c7-exp • '�c ' /minors ' lssr� �o �R /�� �� �;�� , , I ' , . i >, ,: lfSo-,;4 rf `,i��%:v1. ;IjY'.s''f ti^�'r•,::'r ', .,. ,. , Page Is +'this for private or business useC1W%WC Area Zoning , 17�.'�/T7/f-/- Manner in which material will be -removed 'or deposited Intended use of,- property, jr/ TDA+ F1 sly �/,q To Written- consent of owner of property,, if not the same as the applicant 42_, STATE' OF NEW YORK)SS COUNTY, OF ,SUFFOLK)' - x being duly sworn ,deposes and says that "he .is theWained 'here' in icant for the' above described permit,; and that all-statements ' 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 virtue of _said permit,­.if'' granted., , 5 Signature of Applicant - Sworn to be.for'e me, this 'day of 19 - Notary Public., f , � '�+ ({t, `,� ,a' ,;it I + A i ti r, 7 �'' ''i. I Vit,. �� ., „ .• ,� rt` 'ADELE+PAYNE 'Notary-Public, sta`e,of New Yo(R Residigg 'tn Wioii<;Counfy T .t" No',!5 -3041000 - Commission' Expires,March' 30, 197it $ . ,,t, ,. ,,,'f '`; ,d, f' ref I •9. ', , ,, 7 ' �{: ;!t+nr t+t" �biv,"•',u7+�r�* �D,tl.r,, , 54 r--9 �}f' - � ' LEGAL NOTICE s ' ''i•.p �;r, NOTICE OF HEARING will, b'e;-held ,by 'the Town i ij NOTICE IS - HEREBY GIVEN that hearings +' Board of the Town o,f Southold at the; Supe;rv'isox',''s' Office, � 16 i South - Street, Greenport, New York, ,on ' the 12th,,day of September, 1972, in the matter of the following applications : f 7 :30 P.M. , upon application of 'Russell Allen Stassen for i a permit under the provisions of the Wetlands 'Ordinance of the c Town of Southold for' the purpose of constructing a wood walkway I to the -waters edge across meadow, on Reserved Plot A, Section 2, ! sc i 41 M. S . Hand Map 1280, on Eugene Creek, Stillwater Avenue, Cutchogue, New York. 7 :45 P.M. , upon application of John Lusk fora permit under provisions 'of the Wetlands' Ordinance of the 'Town of Southold .� the p for the purpose of constructing a bulkhead and , filling land shown , i' as wetlands on James Creek, ;Riley Avenue, Mattituck,, New York. i, 8 :00 P.M. ,- upon application ' of Arthur.,W. Sauer for, a permit f under the provisions of the Wetlands • Ordinance.-,lof the Town of •5 { Southold for the purpose. of constructing, a 'bulkheadand filling . Ft i land shown as wetlands on James Creek, Riley Avenue, Mattituck, New York. All persons interested in said matters,,' shall appear ' at the j time and place above specified and will be ,gi'ven an'' opportunity ' �i to be heard. ` DATED: ,, August 8,, 1972 . -BY ORDER, OF ' THE SOUTHOLD TOWNBOARD' !, ALBERT, W, jRICHMOND TOWN CLERK" , Page 2 legal notice i ' i - ;, PLEASE PUBLISH ONCE AUGUST 31, 1972 , AND FORWARD FIVE (5) 1 _� j AFFIDAVITS OF PUBLICATION TO THE TOWN 'CLERK, MAIN ROAD, SOUTHOLD, fIf 1 NEW YORK. E 'f 1 p i 4 , r t ! 4 Copies to: t The Suffolk Times i i The Long Island Traveler, Russell A.- Stassen, John Lusk r Arthur W. Sauer, i r j i i 'I I t.�ren.-,A �n .TOWN, OF 'S OUTHOLD \ , 0. { , TOWN CLERK' S OFFICE S OUTHOLD, N.Y. ,NL ; APPLICATION FOR WETLANDS- PERMIT - Application No. Date of-Application Identity, of= Applicant 0/- � Z_64 ' C -1 "_,Ad'dres's. of' Applicant - INSTRUCTIONS FOR PERMIT =r A' This rapplication is 'to "•be completely filled in by typewriter or ' ink and submitted to the Town Clu k in quadruplicate, faccompan.ied by written 'permission fromIthe. .owner of the property if -not the , same as k.the applicant. B. P 'Pilot `P1an 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 11 1proposed project. (Note' Copies of the, Pilot Plan may be' made by :. a' copy'. machine and attached to the Permit Application'. ) Cp. No operations shall be initiated by the applicant -until all`" ; j' perm its t'Y�at are required ,are', issued. D. '. !'A, detailed statement of the• rehabilitation' and proposed`' condition of the premises after ,the work is `completed must be given, including ' a survey ,if required. ....'t E.` If permit is being soughtfor `a more sizeable excavation than the , construction of a' privat`el'' single dock' or" jetty, ' then this appl'icat'ion ' 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 approved: locaL coordinate " ' system. The ,vertical control for elevation and soundings shall' be , ; based upon United States" Coast `and 'Geodetic Survey and/or United -1 States Geological Survey datum'o F. A statement, must accomP any, the application describing, any known prior ;operations conducted, on `the. premises''in question and' whether'„ c ,any prior` license's or, permits have been issued 'to erect`"structures' or to dredge ,ordeposit 'fill on 's'aid premises and whether `any such, permits' or 'licenses were,t ever_ revoked, or suspended ,by-,a 'gov.ernmental agency', ',, „ - , ' ' , ` ' •1' ,-" ^, ;,_ ,. � ;;; l '•'. ';" -This t • ' ', G.' A,lil'ing fee, of ,$25.00 -shall accompany, .the. application. . ,a filing ,fee includes one r inspection;=there, is a' $5.00 fee ,for each ,additional, inspection'., ,pectio ' ? H" The ,Town,. Board `upon ,request of the applicant fo-r a `'permit, y`' „ wae ^in 'wh'o`le or, Fin part'; th'e' provisions of -Article` II, `'Se'ct:ion 210' 'subdivisipns '('d)' 'and ( ),, where: it find's., that' 'the 'nature of the proposed_ ,, operations are such that `t a requirements .of such provisions are'-'riot necessary for 'a proper corisidertiori o, a,,permit``application.' " n 'tI a Town.."'C'lerk will issue a I. Upon approval of`, this, applicatio h permit ,to the-;applicant: Such permit' shall be; a_ vailbble, for inspec0 `tion;,at `any, time, 'upon 're quest. .t Cf.B, Page 2. _ Examined 19 Approved Disapproved Conditions, if any Examining ,Body _ Signature of 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 governing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southoid Permit requested to Q/t)S 7-1 til C-7 sir ,Location of property for which ,permit wanted L aE y Home address of permit applicant if different -from aforesaid location Zz Creek, Bay or Harbor fronting property J 119xn -Size.'of proposed work : Length Height Above .High, Water - Depth Below Low Water Yards to be Excavated % Yards to- be Filled " - Width of canal, creek or bay, fronting Property De that Low Tide Average Rise in Tide t - �0,, f l V o cunt' � ra/�' ���, r io/vs Go.•y tci , Page 3 1 r Is this for, private.,or business use?'', n , Area Zoning G, f q1::Iv 7//�-� Manner in which material will be removed or deposited r e Intended use of property �� �rij�T� — c<<� L Aao> c� Written consent of- owner of property, if not the same as the applicant STATE OF NEW YORK) 5S : COUNTY OF• SUFFOLK) being'duly sworn deposes and says that he is the appl ' a t for the above described 'permit, and that all ' statements co- ai ed, 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 Towh' 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 virtue of said permit, if granted'. Signature of Applic Sworn to' before me this _ day of ` 19 ,Notary Publi ADELFNotary Public,'State'of New YorR Residing in Suffolk'County' " F No. 52-3041000 ' Commission Expires March 30,-1973 E - `' C y UL'X f' •It . � y < OFF(L'E,�k,0`F T® ' ' JERK :� _ _ F�4 ".�S r4 :4 "LM Pxe ALBERT W. RICHMOND �ec �,:,� °jr�'»'a, ,� '�.� TELEPHONE ; TOWN CLERK t '°d5'pkr3/� `p" 765-3789 REGISTRAR OF VITAL STATISTICS f ZIA t�i - SOUTHOLD, L. I , N. Y. 11971 July 17, 1972 Supervisor Albert M. Martocchia 16 South- Street Greenport, New York' 11944 Dear Mr. Martocchia : ` Transmitted herewith is application no. 7 for a wetland permit submitted by John Lusk. Copies of this application have been forwarded; to the Board of Southold Town Trustees and Conservation ' Advisory Council for their report of findings and ; recommendations. Very truly yours, = 00W � Albert W. Richmond Town Clerk . , OFF {D,F� OVi ERK T Wi� FQ p5F� 9 D .� ., �+ ALBERT W. RICHMOND - ,�'f'�, a a �f (� TELEPHONE TOWN CLERK 765-3783 REGISTRAR OF VITAL STATISTICS „`' �' •° y'6.�' - " SOUT�ibLD, L. I . N. Y. 11971 July 17 , 1972 Mr. Frank Kujawski, Jr. , Secretary Conservation Advisory Council Mattituck, New York 11952 Dear Mr. Kujawski : Transmitted herewith is application no. 7 for a wetland permit submitted by John Lusk. Please prepare a ,written report of findings ' and recommendations with respect to this application and submit said report to the Southold Town Board within 20 days of recei-pt- of this letter. Very truly yours R„ Albert W. Richmond Town Clerk ' • i •fou; ;�1u OFFf,�; E R K F'r,,5�1 iii Fd D ALBERT W. RICHM❑NDaaA r TELEPHONE TOWN CLERK �9 w � o, d � � -' 765-3763 REGISTRAR OF VITAL STATISTICS SOUTHOLD, L. 1 , N. Y. 11971 July 17 , 1972 Mr. Alvah B. Goldsmith, Chairman Board of Town Trustees Town Clerk ' s Office Main Road, Southold, New York - 11971 Dear Mr. Goldsmith : 4 Transmitted herewith is , application no.' 7 for a wetland permit submitted by John Lusk. Please prepare a written report of findings ; and recommendations with respect to this applica- tion and submit said report to the Southold Town Board within 20 days of receipt of this letter. Very truly yours , Albert W. -Richmond Town Clerk ®FFICE', OF�TOWN CLERK TOWN OF SOUTHOLD ALBERT W. RICHMOND TELEPHONE TOWN CLERK `,',.%'� C,� ,�`� 765-3783 REGISTRAR OF VITAL STATISTICS R- 6•''} ' '�L, S❑LJTHOLD, L. I , N. Y. 11971 June 22 , 1972 Mr. John Lusk Riley Avenue Mattituck, New York Dear Mr. Lusk : We are holding your application for a wetlands permit pending receipt of the $25 . 00 fee required upon filing your application. Very truly yours , Albert W. Richmond Town Clerk