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HomeMy WebLinkAboutFox, DanielMarch 25, 2004 Town of Southold Board of Trustees Attn: Lauren As per our conversation today first of all I want to thank you for your help in the understanding of the permit applicatious. The reason for this application is to prn,~e and remove of four trees. The removal is to insure the safety of the home dwelling as ,,,ell as making sure that the remaining trees are allo~ed to expand iu there growth and let the trunk grow larger. This way the canopy from the remainin~ trees will be abb to flourish outward aud not up as they are growing at this time. The only other option would be to prune the trees to a much lower ~ei~t and [ am fearful that might endanger t~e trees more t~en just t~e removal of the four. I hope that is understood w~en you come to see the property aud ~ow hig~ t~e trees are growing and how narrow t~e trm~ks are. You will also notice that [ ha,,e installed a bolt system on one of t~e tree~ to that a~ not to have that one marked for removal. I ~ave also left the tags ou the trees for your quick reference. If there is in any way that I can answer any questions that you might have please feel fre~ to contact me. Thank you agaiu for your help. Sincere[y, Daniel J Fox PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco~,town.sout hold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 June 2,2004 Hon. William H. Price, Jr. Justice Court of the Town of Southold 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 RE: People v. Daniel J. Fox (Wetlands Violation) People v. Jeffrey Rogers (Wetlands Violation) Dear Madam/Sir: As you are aware, Daniel J. Fox was issued a wetlands violation indicating a Court appearance date of April 2, 2004. Jeffrey Rogers was also issued a wetlands violation with an April 2 Court date. Mr. Rogers was hired by Mr. Fox to remove the tree that was the basis for the violation. Although the Town maintains a violation did occur, the cases would be unable to be proven beyond a reasonable doubt. In the inter~st of iLJ.~tic.~_ I respectfully request that the Court dismiss the referenc~h~e~r E ~ ~ r~ Thank you for your attention to this request. I[~Hr~l _ __ . IU Ltl Ju, 3 zu0. / ~especffully Ylurs,[ Led Ht~e Montefusco¥ Assistant Town Attorney LHM/Ik cc: Mr. Daniel J. Fox Mr. Jeffrey Rogers Board of Trustees ,~ NOTICE Police Dept. - Bay Constable Town of Southold Peconic. New York 11958 NOTICE OF ¥IOLATION Date: Address: (O~ner or authorized agent of owner) (Address of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article II, Section 97-20 a premises hereinafter described in that You are therefore directed and ordered to comply with the following: on or before the day of ; ~ ,20__ The premises to which this Notice of Violation refers are situated at: Town of Southold, Suffolk County, NY (Suffolk Coun .ty Tax Map Designanon: Dist. 1000 Section: Block: Lot: ' .. .) Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after sen'ice of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of viola- tion should be modified or rescinded. Bay ~onstable, Town of Southol~, NY I ~, ~~ 77' Re~i"g Officer Signature (Include Rank~k 18 ID NOS, Status D vi~. Refu~ to Coop 0 ~rres[ 0CJS-3205 (2,'97} *FALSESTATEMENTSAREPUNISHASLEASACRIME, PURSUANTTOTHENEWYORKSTATEPENALLAW A 2041 Town of Southold Suffolk County, NY The People of the State of New York vs. III C, OMpL~NANT COURT ^-20 2 Town of Southold Suffolk County, NY The People of the State of New York vs. '~iN NUMBER COUR'I' Albert J. Krupski, President James King, Vine-President Artie Foster Ilea PoliwtMo Pegg~ A Dickerson Town Hall 5a095 Route 25 P O. Box 11.79 Soutbold, New York 11971-0959 Telepb.ne 163 D 765-1892 F'ax 163t) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOIITI-tOLD Coastal Erosion Pemat Application Wetland Permit Application Major Minor Waive[YAmendn~n~Changes Received Applicalion: Rccmved Eee:$ Completed Application S['QRA ('tassilicado,: I'y~e I lypc Il _ [Inlistcd . CAC Refcnal Scat: I)aic of lnspeclnm: ..Receipt el( 'AC Repml: Tcc~dcal Review: Public llcarlng Held: _ ............................ Sufkdk County Tax Map Number: J000 - ProperLy [ oration: lpto dc I IL( 0 Pole #, distance lo cross streets, and Iocaticm) -\( iliNT: t ll';tpplicab~ ................................................ Address: ......................... Phone: Board of Trustees Application GENERAl. DATA Land Area (in square Feet): Area Zoning; Previous use of property: Intended usc of property: ................................... Prior permit~approvals tbr site improvements: Agency Date .... No prior permits/approvals for site improvements. t [as any permit/approval ever been revoked or suspended by a governmental agency? __._~__ No ..... Yes II'yes, provide explanation: .............................................. Project Description (use attachments if necessary): ............. Board of Trustees Application WETLAND/TRUSI'EE LANDS APPLI~CATION DATA Purpose of the proposed operations; Area of wetlands on lot: ............. square feet Percent coverage of lot; ............. Closest distance between nearest existing structure and upland edge of wetlands._ ............. feet Closest distance between nearest proposed stm~ure and uplaml edge of wetlands: .............. feet Does the project involve excavation or tilling'? No Yes If yes, how much material will be excavated? ......... cubic yards tlow much material will be filled2 ............. cubic yards Depth of which material will be removed or deposited: .............. Proposed slope throughot~l the area of operations. _ Manner in which material will be removed or deposited ~ Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Board of Trustees Application COASTAL EROSION APPLICATION DA'FA Purposes of proposed activity Are wetlands present xvithin I00 feet of the proposed actMtv? ....... No .... Yes Does the project involve excavation or filling'? No Yes If Yes, how much ~naterial will be excavated? ........... (ct,hie yards) l low much material will be iilled9 ................ (cubic yards) Manner m which material will be removed or deposiled: Describe the nature and extent of the environmental impacts reasonably anticipated gesulting from implementation of the project as proposed. (Use altachments if necessary) PART 1 - PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL OUALIFY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be compleled by Apphcant or Preject Sponsor) J2 PROJECT NAME County PRECISE LOCATION: Slreel Addess aJ~d R~d Inlersect~)ns, promitmlJt landmalkS ere -or provide mau SEQR 5 I.g PROF'OSED ACTION · [] New [] Expansion E] Mo[flficalio~l / alteration PROPOSED ACTION COMPLY WITH EXIS¥1NG ZONING OR OTHER RESIRIC[ION$? L~'~es []No I[ ¥,e.q. list agency name al~d perlllit / approval CERTIFY IHAT ftlE INFORMATION PROVIOED ABOVE I$ TRUE TO 'rttE BEST OE MY KNOWLEDGE if the action is a Costal Area, alld you are a state agency. complete the Coastal Assessment Form before proceeding with this assessme~t PART II - IMPACT ASSESSMENT {To be completed by Lead Agency~ ^ DOES AC rlON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. P^R r 617.47 if yes, cP. ord~r~ale the review process and use the FULL EAF B Wll L AC DON RECEIVE COORDIt&A rED REVIEW AS PROVIDED FOR UNLISTED ACTIONS I1-1 6 NYCRR, PAl.' [ 6 !7 6? If No. a negative C COtILD AC FION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOL.[OWING: (Answers may be h~tndwnIlen, ih legible} Vogetalion ~ fauna, limb. ~hellflsh ~ wi~fife s~ies, s~n~ant hab~ats} m-i~eatened ~'e~;~emd s~c*es? Exp~iu bdefly LIKELY ro ~3E, CONTROVERSY RELATED TO PO rE. NTIAL ADVER:SE ENVIRONM~-ZNTAL IMPA¢;T.%? PAR r III - DETERMINATION OF SIGNIFICANCE (To be compleled by Agel~cy) --~r Type N~ o'~esponslble O/~er ~ Le~d Agency Signature of RespOnsible OI6cer in L~acl Agency $ig~lature~'rel)arer (If dJfferenl Jru~ [espons~ble officer) N¢)TICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES? TOWN OF SOUTtIOLI) In thc matter of applicant: SCTM# YOU ARE HEREBY GIVEN NOTICE: I. That it is the intent/on of'thc undcmigned to request a Permit fi'om thc Board of Trustees 2. That the property which is Ihe subject of Environmental Review is located adjacent yom' property and is described as follows: Thai Iht pt'tricot which is st,t~iect to Environmental Review under Chapters 32, 37, and/c,r 97 of thc I'own Cc, de is open to pttblic cotlmm[tt on: You may contact the Trustees ()ftict: at 765-1892 or itt writing. Thc abovo, rcti:rcnced proposal is under review ol'lhc lloard of Trustees oflhe Fowi of Sot thok[ and does not lelYrcnce any other agency that might have to review same proposal. OWNERS NAMF: MAILING ADDRESS: PIION[! It: Eric: (. op) of skclch or plan shoxving proposal lbr your convenience. PROOF OF NL, klLING OF NOTICE ATTACH CERTIFI ED MAIL RECEIPTS Name: Address: STA I'E £)F NE}V YORK CotlNT\' OF SUFFOLK ............................ residing at _ ..................... being duly sworn, deposes and says that on the ......... day of ............ 20_ _, deponent mailed a true copy of the Notice set forlh ill the Board of Trustees Application, directed to each of the above ha,ned persons at thc addresses set opposite there respective names; that thc addresses set opposite the names of said p¢l'SOllS are the address el'said persons as showl~ on tile current assessmcnt roll of the Tmvn of Southold; that said Notices were mailed at the United States Post Office at ................... that said Notices were mailed to each of said persons by (certified} (registered) mail. Sworrl to belbre me this [3ayof _ ..... 20 _.. NotaL'y Public Board of Trustees Application County of Suflblk , tare of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR. THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT AL[, WORK WILl. BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY TIlE SOUT[-IOLD TOWN BOARD OF TRUSTEF, S. THE APPLICANT AGREES TO HOLD THE TOWN OE SOUTHOLD AND '~] IE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S)~ IF GRANTED. IN COMPLETING TI-IlS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, TI[EIR AGENT(S) OR REPRESENTATIVF. S(S), TO ENTER ONTO MY PROPERTY TO INSPEUT 'rtlE PREMISES IN CONJUNCT[ON WITH REVIEW OF THIS APPLICATION Signature SWORN TO BEEORE ME THIS .............. DAY O[" ................... 20 ..... Notary Public Board of Trustees Application AUtHORIZAtION (where the applicant is not the owner) ~/%J~ ~ / ~ ~w_ residing at ~'//~6J) ~J:~/,~/~ (print owner of property) (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. APPLICANT/AGENT/REPRESENTATIVE Ti~.ANSACTIONAL .DISCI~OSURE FORM TJAe !ro~ of Southold's Code of Ethics orc, hibits contlicts oflnterest on thc p.,ut of town officers and emvlovecs. The nunx',se of Lis form i~; {o_LErovidc inlq~rrantiOn~which cap alef~ {.h.e tovm 9f possible conflicts of interest and allow it to take wl',atev¢[ actioq ~c¢~arv to avokl same. (Las! name, first name, otiddle initial, ulticss you are applying ill the nan.. of sony:one et.se or other entity, such as a c:ompm~y. Il'so, indicate tim other per,pun's or comp,'my's rotate.) NAME OF APPLICATION: (Check all that apply.) 'lax grievance .......... Buildhlg Change of Z'_one ....... Cott~t/d Erosion Approval pi plal ........ Mooring ........... Exemption l¥om plat or official map ......... planning Other [h~ you t~t'sonally (Pt throt~gh )'our colnpany, spouse, sibling, parent' or child} have a relationship with any ol~cer or emphD ee pi the '~ own pi Sotuhold? "ReIMionship" includes hy bl~d, nl~riage, or business intereM. "Business inle~st' means a business, including a pi~ncrship, in which the Iown o~cer or employee has even a partial owne~hip of (of employment by } a co~*ralion in which thc Iow. officer or employee o~s more than 5% of the shines. NO ~ Name of person employed by tile qown of SouthoM I'tile or posit/on of that person ................................... I)cscttix' the rclatkmship between youf.'.~'lf (the applic.'mtAtgcut/rrprcsentative} and thc l<)wn officer or mnployee. Either check the appta~priat¢ line tX} through D} and/or describe itt thc ~;pitce provided, 'il e ow ott' cer t r cml,If yee or his or her spout, sibling, parent, or child is (check all tilal apply): ..... A) the m., ncr pi greater titan 5% pi thc sb.~s of Ihe corporate stock of the applicant oshen the applicant is a co~poration): B) Ihe legal of beneficial owaer of any interest in a hon.-corporate entity {when the applicant is not a corporation}; . __t ;) all ol'iScer, director, pariner, or employee of Ihe applicant; or ......... D} tile aclual applicant. DESCRIPTION ()F RI::I.A'FIONSHIP Form TS I Submitted lhis ~-~ da---'~of~-'~ ~ 200~ Signature___ AIb*wt d. Krupski, President ,/ames King, Vice-Presiden£ Artie Foster Ken Poliwoda Peggy A. 1)ickerson q'ow~ lhdl 53095 I~ule 25 P.O. Box 1179 $outhold, Nt~w York 1197 [~0959 Telephone (631 ~ 765-1892 Fax 163D 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOl VFHOLD OTHER POSSIBLE AGENCIES YOU MIGIIT IIAVE TO APPLY TO N.Y.S. Dept. of F. nvirontncntal Conservation (DEC) SUNY, Bldg. 40 Stony Brook, NY I 170()-2356 (631 ) 444-03.~5 Moa., Wed.. Fril, t~:()0 AN'I-k00 fbi Suflblk County Dept. of tlealth Services ('ounty Cc~tcr Rivcrhead, NY 11901 852-2 [J.S. Army Coq~. of Engineers New Vork District 26 Federal Plaza New York, NY 10278 212-264-3912 N.Y.S. Dept. of State (_;oastal ManagelBcllt 162 Washington Ave. Albany, NY 12231 5 l 8-474-6000