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HomeMy WebLinkAboutPraus, Henry FTOWN OF SOUTHOLD TOWN CLERK'S OFFICE S OUTHOLD, N. ¥. WETLANDS PERMIT (as 30 days has elapsed This Wetlands Permit $. '3 has been granted since the public hearing and the Southold Town Board failed to act) · ~'~xB~ according to information furnished in Application $ 3 filed by Applicant Henry F. Praus on November 19 71 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 fill the subject premises, all in accordance with the application submitted. Location of property on which work to be done Lot 29 and part of Lot 30 at Nassau Point, known and designated as "Fisherman's Beach", Subdivision Map "Peconic Bay Properties, Inc." Map ~786 filed 4/5/31, Suffolk ~ounty Clerk's Office. Creek, Bay or Harbor fronting property Haywaters Cove Size of work: Length 125 ft. approximately Width 100 ft. Height Above High Water approximately 3' to 5' Depth Below Low Water no~e Yards to be Excavated none Yards to be Filled 2352 cubic Manner in which material is to be removed or deposited trucked in fill to be Intended use of property to build residence f{ TOWN OF SOUTHOLD _. TOWN CLERK' S OFFICE SOUTHOLD, N.Y. s WETLANDS PERMIT = (as 30 days has elapsed This Wetlands Permit # 3 has been granted byxttUK11 dkMXbhMd since, the public' hearing and the Southold Town Board failed= to act) ' " TowaxBeamd;according to information furnished in Application # 3 -0; • filedHenry by Applicant F. Praua on November 19 ''71 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 fill the subject premises, ' al'1•••in accordance with the application submitted. is Location of -property on- which work to be done Lot 29 'and part of Lot 30 at Nassau -Point, known and designated as "Fisherman ' s Beach" Subdivision 'J Map "Peconi'c Bay Properties , Inc. " , Map #786 filed 4/5/31, Suffolk. County .,u'j Clerk 's Office. Creek, Bay or Harbor fronting property Haywaters Cove Size .of work: Length 125 ft. approximatelys Width 100-- ft. - 11 Height Above High Water approximately 3 ' , to 5 ' •' Depth Below Low Water none Yards to be Excavated none 4` ' . Yards to be Filled 2352 cubic Yaudds ,uR Manner in which material is to be removed or deposited fill to be trucked in 211 Intended use `of property to build residence `-` " Page. 2, , :, f' Conditions if 'any ' r : Expirat,ion, Date ' 'r 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 9_s' necessary, the holder of this -permit- shall not� 'commence operations hereunder until ' such approval has been, , .; 'obtai'n'ed "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- . governmental or municipal authorities of its refusal or ,'disapproval.-' 1 The' applicant 'does by the acceptance -of this permit, assume' all -responsibility ,for• operations undertaken pursuant to this permit,_ ,and'„shall ' take. all ,precautions for ' the prevention of injuries to -persons and pproperty resulting-from such ' o erations. By such -' .acceptance; -the applicant also agrees to indemnify and save harm- ; , r _less ' the. Town,- and its officers, agents and employees from any. and all''claims arising from'operations under this permit' and any and a 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 whe' re, such opera- . tiofis -.are being 'conducted to make such inspections as the a Town may -.deem -necessary - to, insure that such `operations are being conducted- in conformity with this permit. Signed S' E, A 'L '"� Town Clerk, wn of Southold JI • ,I4 �' ,'_ ,� , Date' 'February 23 ; 1973 . ,, '� . . `'•� '',' ' i'�_ ' ,rte,,t ' , - ., - 1 �. 1 14 LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN COUNTY OF SUFFOLK. 1 i that a public hearing.will be held STATE OF NEW YORK. � ss by the Town Board of the Town of J Southold at the Supervisor's Office, 16 South Street, Green- Stuart• . •• . ' • ' ' ' • ' . Dorman' ' ' ' ' •Stuart C. Dorman . • • ' ' ' ' ' being duly Sworn. port, New York, on-the 23rd day of January,1973,in the matter of says that . . he . , is Printer and Publisher of the SUFFOLK the following application: 7:30 P.M., upon application of WEEKLY TIMES, a newspaper published at Greenport. in said Henry F. Praus for a permit -.under the provisions of the j county;and that the notice. of which the annexed is a printed Wetlands Ordinance of the Town of Southold for the purpose of i Copy, has been published in the said Suffolk Weekly Times placing fill on premises of said one Henry F. Praus located in Cut- once in each Week. for . . . . . . . . . . . . . . . . . . . . . . . . . . . Weeks chogue,Lot 29 and part of Lot 30 at Nassau Point, known and SUCCIISsiVely commencing on the . . . . . . . .Q18Y1rW1. . . . . . . . . . designated as "Fisherman's j Beach", subdivision map of day Of . . . . . . . .. • . "Peconic Bay Properties,-Inc." All persons interested in said • • • • • • • • . . . . . . . . . . . . . . . . . . • • • matter should appeat at the time �• and place above specified and Sworn t74"Ore me this . .J.. . . . . . . , will be given an opportunity to be I day Of . .'I/. - J heard. ' Dated: January 2, 1973 � .`�� . C! BY THE ORDER OF THE ' ' ' ' ' . ' ' . ' SOUTHOLD TOWN BOARD J PH �AWREIVCE,�QW�$E�Q , , , , , , , , , , ,, ,• , , ALBERT W.RICHMOND RRY PUBLIC OF NEW YORK TOWN CLERK Residing in Suffolk County Clks. No 52.9366350 MY Comm ss:on Expires March 30, 197 y LEGAL,NOTICE NOTICE OF HEARING COUNTY OF SUFFOLF. 1 NOTICE IS HEREBY GIVEN STATE OF NEW YORK. � ss' that a public hearing will.be held by the Town Board of the Town of Stuart C. Dorman Southold at the Supervisor's • • • • • • • • • • • •• . . . . • • • • . - • . . . . . . . . . . . . being duly Sworn. Office, 16 South Street, Green i port, New`York, on the 23rd day Says that . . .h�. . is Printer and Publisher sof the SUFFOLK of January,1973,in-the matter of the following application: WEEKLY TIMES. a newspaper published at Greenport. in said 7:30 P.M., upon application of i Henry F. Praus-for a permit I county;and that the notice. of which the annexed is a printed under the provisions of the Wetlands Ordinance of the Town copy. has been published in the said Suffolk Weekly Times of Southold for the purpose of placing fill on premises of said once in each week, for • • • ° .4pP. . . . . . . . • . ° ° ° • ° ° ° weeks Henry F. Praus located in Cut- leyetth chogue,Lot 29 and part of Lot 30 sucaessiv6ly commencing ®n the . . . . . .e. . . . . .i. . . .. . . . . . . . . . at Nassau Point,' known and iJaaua7 73 , designated as "Fisherman's day Of . . . . PAI ' . . . . ° ° . 19 ' Beach", sub'divi'sion'-map of "PeconicBay-Properties, Inc." . . . " " . . • . • • • ' • • •,� • • • • • • ' • • • ° • ° • • ° • • , ° • . . • • All persons interested in said Sworn to before me this . .�: . . . o . matter should appear at the time and place above specified and day of . .,��. . . . will be given an oppo'r`tunity to be heard. Dated: January,,2, 1973 JOS AWRENCE TOWN$ENO , • , BY THE ORDER OF THE SOUTHOLD TOWN BOARD NO Y`Plg�n Suffolk County YORK ALBERT W.RICHMOND 1 Residing o Suffolk County �"f's. No, 52.9366350 �_` TOWN CLERK My Comm ss;on Expires March 30, 19 24 COUNTY OF SUFFOLK STATE OF NEW YORK } ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been —� published in said Long Island Traveler-Mattituck Watch- NOTICE OF-HEARING ��/�j / y i NOTICE'IS HEREBY GIVEN man once each Week for ....(/% vC �•✓...� week/ that a public hearing wili, be, ... .... . ... held by the Town Board"of the Town of,Southold at the Super- successively, commencing on the ................ ./................. visor's Office, 16 Sbuth, Street. Greenport, New York, on the 23rd day of January, 1973, in the, day of ............. ... . .. . ...... 1 ... .. matter of the following applica=. tion: 7:30 P. M., upon application-(?f { .......................... Henry F. Praus for 'a permit under the provisions of the Wet= j lands'prdinance of the Town•of i Southold for the purpose of placing 4ill on premises .of said Henry'�', Praus located in cut- Sworn to before me this chdgue;Lot 29'and part of Lot 30 •• ••••••••• day of at Nassau Point, known aiid de- ) J Y .. signated as "Fisherman's Beach"; •••••••••• ......, .. . subdivision-map)of "Pedonic Bay Properties; inc?' All persons• interested_ in, said o; matter'should appear at the time and' place.above •specified and &6 will"be given an opportunity to ••••••••••••• • •••• • • •• ••••••••••.••••••••.••••••• be heard. Notary Pub Dated:, January 2, 1973 , BY,ORDER OF THE ; SOUTHOLD TOWN BOARD ADELE PAYNE ALBERT W. RICHMOND' Notary Public, State of New York TOWN BOARD,! + Residioa ;n Suffolk County 1T=1-11 52-3041000 L-2 _ Commission Expires March 30, 197 STATE OF NEW YORK: i . 1 SS . COUNTY OF SUFFOLK: , ALBERT W. RICHMOND, of Southold, Town of ; Southold, New York, being duly sworn, says that tie is over the age of twenty-one years ; that on the ' 15th day,df January 19 73 , 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 j . to wit: Public Hearing - Wetland's - Henry F;. Praus ! ' 7 :30 P.M. , January 23, 1973, i !Town Clerk Bulletin Board, Town 'Clerk Office j Main Road', Southold, L:I ,N.Y. " Sworn to before me this A1 ert W.' 'Ric ond, Town' Clerk ' { 15 thiday of January 19 73 t ry Public JUDITH T. BOKEN Notary Public, state of New. York p No 52-0344963 Suffolk county Commission Expires March 30, 79 - t 1 S ate/ 0 4soa �•-- .cs, P li ^ s hl Phi -.;,'� _ �,'- �°., - � �•t �.' h /� / ' 5 !w rL ,S S :a.'<F of `I' � O WELL a `F, ry,�i'�o ' /��;"�'`r..H�" �a-�•.,�"yr=L�; `yh<_t�us :" �; Ms's;t""w,..rYc"`�.:y'� ,t,.,s4�t51�{s -. _. `�:RY�,•3,_. "���.4}�,'``>' i F Ty ^ev3 �z{��;,--'u:s;'tkh`"�'.."„'..Com. '•- - ""''"z�,ttZ> *.'i.,'"_�^`'�-i-�7 �'�N;x raj:�,#:»r,.a�'��'.., Zx;=--3-s=`Y.""��^ �r,w€t#:_c,:..;.����^^ ' - §R�;_`•;v ke='�. "��',+.� QQ � � < y y'i,' -.,,4 'w'." �'�'c..�,,�k i '^"i"-�:`,`•,"_"'';,,,:eE"•�;"';•: •v �:^-�t', 6` _ - n'•,Ad`s;•,fi���F"'-;M1'.. (� �./ N. �h `g r_`yr�'r y.>"-`,f`�.,*„`•y", �;,rn''.,M`"ckw �r8?^zn-y..,C, r.3.'` y`"' - - n;'.,.Nor. 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'^. ``''?•'-•U`v.' :`.—' ;5,..,,x"`n'k'..^a•,` - >y 'r: a'Y - '_"�-"�-�.' `-"'x- ._ n','.sGs s[; 32..,..'y.a..'"�_.. •� � �'i:3 fi t e`:.- -:kms'".;,6,4a -`;rr� f �:'3':R,.,��.ei:.-'-"a- .;�% "fiy�„-,:��,mr,;� \ - �7• S. "Y xh`Lin;`:3�'i_„'_^bn_s',.S;,f'+'p%:z;&i:�1:,4 - t _�,ss.,-s�`.. � .fes` �p„�ty X16, I UNAUTHORIZED ALTERATION OR ADDITION fic , ^/.�, y TO THIS SURVEY IS A VIOLATION OF OO” ;.'•";\ JI; SECTION 7209 OF THE NEW YORK STATE w REVISIONS YOUNG & YOUNG EDUCATION LAW. _ AUG.17 1972 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK; \SSz /ya :z \ I COPIES OF THIS SUPVEY MAP NOT GEARING r THE LAIKD SU;VEYGC'S ?W'D St At Ott ALDEN W. YOUNG HOWARD W.YOUNG S r ,'tu\ tiff ��� EMEC�:Sip $'A' Sknli N"T BL CONSIOLRED •� a i:_r '"�,- S _nr-' ; :! , iq- \ PROFESSIONAL ENGINEER,ANDti-"� - LAND SURVEYOR krs \ F. e 0 / TO BE A VAT IC f�UE COPY, &' _ )s:,e'. n'. rr I, 'amu•' h r,# LAND SURVEYOR, N;Y:S:LIC.,NO; 12845 N.Y.S. LIC.'N0.45E193 dim, .t 'rte-''�...• '"•' 'r°`i.'s` '"`"�'y`; •A 4' t GUA A T,ES 11SM,ATED HEREON SHALL KUN $U EY FOR: ONLY TO TH. t'rrSOt: FOR'YJnUM THE SURVEY IS PRE,AILD, A D ON HIS BEHALF TO THE y! 7 ,w 3s- G - r ©��' TITLE COMPANY, GOVERNMENTAL AGENCY AND HENRY F. PTRAU.S` :�- '% Y;-` f4fs LENDING INSTITUTION LISTED HEREON, AND o .,,�':-"."�';:g,"' ter- oa�o /oo t � .LOT* 29 & PART-OF-LOT 30 of NEW YO TO THE ASSIGNEES OF THE LENDING INSTI- 1+ TUTION.GUARANTEES ARE NOT TkANSFERABLE A� TO ADDITIONAL INSTITU11ON5 OR SU55LQUENT P E CONIC BAY PROPERTIES, O S9 S� ��O �• AT NASSAU POINT G ��P \ NOTE: E` TOWN OF SUBDIVISIONAS O U T H O L D SUFFOL K COUNTYON OF HE C ERK�?F �3 APR./5,/93/ASMAPNO.786. SUFFOLK CO., N.Y. BY i r iE• �` y ' _ ELEVAT/ONS ARS'BASEDONTHEUN/TED r \ STATES COAST 1IND a*oDET/C SCALE: f II _ 20, DATE: AUG. B, 1972 PE �` - 572 well SURVEY DATUA9, June 5, 1972 Mr. Albert Martocchia, Supervisor Southold Town Board South Street Greenport, N. Ye. Dear Sirs: ABATES, the environmental study group of Shelter Island- Southold Area Branch of AAUW opposes the granting of the application to fill and bulkhead the stated plots on Fisherman's Cove on Nassau Point for which request is made. We further assert that it is the duty of the Southold Town Board to protect the rights of the people of the town by abiding by the wetlands ordinance when such land fulfills the definition therein described. Very truly yours, Shirley L. Bachrach, Chairman ABATES Study Group Dayton Road Southold, N. Y. THE LEAGUE OF WOMEN VOTERS MVEF2t'EAD7 NEW YORK-149(39 June 6, 1972 To the Southold Town Board From The League of Women Voters re Wetlands Applic. No. 3 The League of Women Voters is opposed to granting application number three for filling of wetlands. Regardless of how an area has been developed in the past 40 or more years, such past development should not always be considered a precedent. We believe the Southold Town Board has a firm obligation, as guardian of the public welfare, to deny this application for the following reasons: 1. During periods of high tide, salt water can actually create a virtual if temporary island of this area, flooding a significant percentage of the peninsula. 2. A primary source of nutrients in any body of water is the edge of that body. Further bulkheading of the type necessary here diminishes that food supply still further. 3. Increasing demands on the water supply could well hasten salt water intrusion, if indeed there is none there yet. 4. Cesspools and septic tanks do leach. This is their function. The effect may not be obvious at the moment, but contamination or over—fertilization of town waters can eventually occur. And at periods of low title, the effect could be most unpleasant. 5. We appreciate the fact that some individuals may be deprived of what they consider to be their "rights" to their property. But owners and prospective owners of property never or on the water are not ignorant of the Town's regulations. These regulations are a bond of faith with the public at large. Wedo not thick an exception should be made in this case, although adjoining property is even now being built upon. As a community, we in Southold must decide whether a few private interests or the public good will prevail. It is not easy to make such decisions, and there are many conflicts to be resolved. But we believe the interpretation of all ordinances, regulations and laws must be strict. It is the future of the Town that is at stake. `Mrs. Kenneth Tiedke, Pres. VLbQV of Riverhead Box 1103 Southold, N.Y. 11971 NORTH FORK ENVIRONMENTAL COUNCIL P.O. BOX 278 M'ATTITUCK, L.l., NEW YORK 11952 Tune 6 9. 1:972 Mr. Albert Martocchia, Supervisor Town of Southold Suffolk County, New York Dear Mro Ma`rtacchia; With reference to the application, now before the Southold Town Board, for a permit to fill wetlands on lot No.' 299 Map Now -786 of Peoexic Bay Propertieaq Inco filed April 18, 1933.9 as ,Btibmitted by Mro Henry F. Praus, Muttextowa, Lo I., N. Y. The value of wetlands as "an important physical, social, aesthetic, recreational and economic asset to existing•axd future residents of the Town of Southold" is well recognized, anal the dangers to depletion of such natural resources of our. area as fiafish and shellfish by the gradual destruction'of wetlands areas by filling sad bul.kheading are a matter of concern to both our permanent and summer residents. The North Fork Environmental Couacil is 41evetedi among other things, to the protection, preservation and maintenance of the wetlaxds in the Town of Southold, and we therefore urge that you aid the members of the Town Board give the same e®asideration to the values of wetlands preservation and the dangers in its destruction when reviewing the above appliea= tion as you did in the two previous applications which the Board refused.- Very truly yours Donald Be-Brost Presidext, for the North Fork Environmental Council June 5, 1972 Mr. Albert Nartocchia, Supervisor Southold Town Board South Street Greenport, N. Y. } Dear Sirs: ABATES, the environmental study group of Shelter Islands- Southold Area Branch of AAUW opposes the granting of the application to fill and bulkhead the stated plots on Fisherman's Cove on Nassau Point for which request is made. We further assert that it is the duty of the Southold Torn Board to protect the rights of the people of the town by abiding by the wetlands ordinance when such land fulfills the definition therein described. Very truly yours, LLdiL6ie Ler .IZ�L i K Shirley L. Bachrach, Chairman ABATES Study Group Dayton Road Southold, N. Y. i I a� I�Lt M I N U T E S SOUTHOID TOWN BOARD June 6, 1972 PRESENT: SUPERVISOR ALERT M. MARTOCCHIA JUSTICE MARTIN SUTER JUSTICE LOUIS M. DEMAREST COUNCILMAN JAMES H. RICH, JR. TOWN CLERK, AIBERT W. RICHMOND Hearing: _ 7:30 P.M. - upon application of Henry F. Praus for a permit ander the provisions of-the Wetlands Ordinance of the Town of_,Southold. Southold Town Board -2- June 6, 1972 SUPERVIS©R MART®CCHIA: I will now call the hearing to order. Councilman Rich will read the legal notice of hearing concerning premises of Henry F. , Praus located in Cutchogue. Councilman Rich read the legal' notice of hearing and proof of publication in the official newspaper, The Long Island Traveler- Mattituck Watchman, signed by C. Whitney Booth, Publisher. Councilman Rich also read a report from the Conservation Advisory Council addressed to the Southold Town Board, dated March 19, 1972, as follows: !Attending: Nelson Chapman, -Terry Harnan; Charles Meyer, Vom: Reeve, Frank Chicanowicz, John Plock, -Frank xujawski, Jr. Concerning application No. 3 for a wetlands permit submitted by Henry F. -Praus, the council has made the following observations and_ recommendations. 1. Lot 29 ,at Fishermants Beach, Nassau Point, can definitely be classified as wetlands. The lot was covered with salt meadow' grass and cordgrass. 2. There was evidence of the lot being covered intermittently with tidal salt-water. 3. - Although this- particular lot was one of a few that has not, been filled and bulkheaded in this area, it has definite ecological importance. as an estuary . 4. The c®uncil'believes it would be impossible to comply with the existing Board of Health regulations on this lot with reference to- wasto disposal. . 5. The council further believes the filling of lot 29 would adversely affect, the- wetlands of Southold Town as well as adversely affecting the shellfish- and -other beneficial organisms in this area. 6. Specifically, the council feels the approval of this permit would violate section 280, parts (a) and (d) of the Wetlands Ordinance. In summary, the council does not recommend approval of this application and believes that- this course of action would be most - beneficial to the welfare of the people of Southold Town." (Signed- Frank A. Kujawski, Jr. ,;.;Secretary) . Councilman Rich also read letter from Alvah B. Goldsmith, Chairman of the Board of Town Trustees addressed to Southold Town Southold Town Board- -3- June 6, 1972 Board, dated May 3, 1972, as follows: "The"-Southold Town Board of Town Trustees has reviewed the application of Henry F. Praus for a wetlands permit, and 'investigated the site at Nassau Point, Lot #29 and part of 30 on map of "Peconic Bay- Properties., Inc.i1, fronting on Haywaters Cove, Cutchogue,- New York. ✓ The Board of Town Trust®es_ does not believe the issuance of a wetlands permit to. Henry F. Praus will substantially adversely affect any portion of Section 280 of the Wetland Ordinance: It is the recommendation of the Board of Town Trustees that the ' application of Henry F. Praus for a wetland permit be approved." ' SUPERVISOR MARTOCCHIA: You have heard the reading of the legal notice, proof of publication, letter from the Conservation Advisory Council- opposing; and letter from the Town Trustee-s- approving. The hearing is now open to anyone who wishes to speak in favor of this application. GARY F. OLSEN, ES(,. :. I am -representing the applicants. -Mr. and Mrs. Praus. I respectfully submit that I don't think the tenor of the Wetlands Ordinance would be violated by the granting of this application. I have noted that not one has been granted since the passing of. the Ordinance. I .think the Town Board might ,be hesitant in setting a precedent. I wholly agree with many of these purposes but the parcel in question is in a residential community at Fisherman4s Beach, lot of a filed subdivision, bounded on the east by a bulkheaded area, on the west is a filled area. There, is alhouse that is being constructed immediately to the east. On the south side there is a road and on the north side is the water. I point out that the best way to Mudge this would be to take a look at the property; which I did- this afternoon. It is small, one of the few Southold Town Board June 6, 1972 left in that area. A third of this parcel has , been filled. The Town Trustees have looked at it and have recommended that this application be granted "and they donst feel the tenor and purpose of the Ordinance will be violated. I don't believe you would have to have the fear of opening up a Pandorals Box. This is the last piece of property, it is on a filed map, there is a house immediately next door which is 'bulkheaded, there' is very little -wetland. I dontt believe it is the type. of piece. of land that the Ordinance intended to preserve. I think the purpose is t'o, preserve large areas that we have in town. This is very small. Also, as far as water, is concerned, there is fresh water brought in to. this piece and other properties are also serviced. It would meet the ..regulations of, the Suffolk County Department ,of Health as. far as disposal of wastes. There is a house ,going up immediately to the west and I- am sure they have had tests made by the Health Department so 1 believe this piece could be built on with safety. It would be a tremendous economic loss to the owner in case It should not be granted. and this should be taken into consideration. I recommend that it be approved. MR. WILBBH E. BALDWIN: I am the present owner of the property. I purchased it in 1960 with intentions of building on it myself. There was considerable problem at the -time of purchase because of zoning requirements. As a result I did purchase an adjoining lot and had an agreement with the owner since he did not want to build ' any more than a boat house at that time.. The idea behind filling it was that it is a catch-all during high-tide and is rather obtrusive Southold Town Board -5- June 60 1972 to people in the area. ' It is the lowest spot , there and the road must be maintained by people at their expense. -,About two and a half years ago we .put in frost free water lines which terminate in a cess- pool to permit further hook-ups for the person who would buy the Property. I_ recommend. it be approved. 'Mfg. HENRY F. - PR&US: The only thing I can say is that my wife,rs parents have- maintained a home here for twenty years, and my Mom has a home in Mattituck. I dont think we will create a problem. SUPERVIS®R 11ART®CC11k., Does anyone else wish to speak in favor of granting this-application? (There was no response.) - SUPERVISOR MARTOCCHIA: Does anyone wish to speak, in opposition to the granting of this application MRS. HERBERT,R©SENBERG:- I am speaking for Shirley -Bachrach who could not be present, this evening. (Mrs. Rosenberg read letter address®d to Supervisor Martocchia, dated, June'15, '1972, fromShirley L: Bachrach,. Chairman, ABATES Study Group, Southold., N. ' Y:- copy of letter' attached.) ABATES_opposes- granting -of application. , DMO ALINE DOVE: My, name is Aline- Dove.` I am. President ,of the North Fork,Chapter__of the National, Audubon Soo iety. The North Fork Audubon Society strongly supports the' Wetlands 'Ordinance of the , Town of Southold, and vigorously opposes any and all attempts to alter its purpose. We therefore request that . this application be denied. -:MRS KENNETH T IEDEE,- Pre s id®nt:Le ague of Women Voters of Riverhead,.Box 1103, Southold, N. Y. , read and--submitted the attached letter opposing_ the ,granting .of application No. 3 for filling of wetlands. ,VIRGINIA M©OR'E: I am on the Board of the -North Fork Environ- mental Council. I am sure the applicants, and the owner, and the attorney are- good people who in good- faith- want an exception granted for just a little peice of property but I believe such an exception Southold -Town Board -6- dune 6, 1972 would be extremely harmful. Can you tell ,me the .size of this. lot? SUPERVISOR MARTOCCHIA: It is one-third of an acre. MISS MOOREE: I maintain and there are many who agree with me that there has. to be. a cut-off point. The- Wetlands Ordinance was passed in good-.faith and in good faith it probably should 'be maintained every time a pie.ce. of wetlands property comes before the Board. I have looked .at this piece of prope .ty and the high tide was about is feet from the road.. There was a puddle of salt water in the middle of the lot. Also. the - right kind of grasses were growing on the land. The nutrients that Mrs. Tiedke referred to in the statement. from the League of Women Voters on land like this is seven times as productive ,of protein as a Kansas wheat field. This can produce as much protein as oneor two acres of Kansas- wheat field. It is very important to notice that. a lot of decisions are being made these days about this kind of property. In the Geiler decision re. a Westhampton Beach property, . it was stated that the land under water is not really.. land, it belongs to the Town. ' That is, It really is not the sort of. pr.operty you can build on. You- can also refer to the Camp Smith decision. The Federal government recognizes that a marsh that has already . been. filled has something that might be salvageable. The Federal Government sued New, York.State and' made them remove fill and take if off somewhere else, 'and that marsh Is coming back; so,- it is no good recording these -properties as .dumps and garbage heaps. They -are a most product.iVe part; of our environment. 1jR. p,AUL STOUTENBURGH: I agree with the purposes of ,the people I was brought up in Fleets Neck. That who have dust spoken 1000. was my backyard. T can remember, when there was one house on Southold Town Board -7- June 6, 1972 Fishermantis Beach. I watched this beach with houses being built on it year after year: , I am not. saying that we were wrong. Perhaps we did not know any better. When I, was younger I did not know as much as I know now. We finally have got a Wetlands Bill and I say that this is, the time to uphold this Wetlands Ordinance., SUPERVISOR MlMRTOGGHIA: Does anyone else wish to speak in opposition to the grantingIof this- application? MRS. JEAN TIEDZE: I think someone said there was no other available property down there. I .thought. there was a piece across from Johnsons ,on the Bay._ (A discussion followed indicating that there might be several locations-.on the Bay) . ' SUPERVISOR MARTOGGHIA: Does anyone else wish to speak either for or against? _ T HR. BALDWIN: - This lot is approximately one-third of an acre. It is also approximately one-third filled. - I have a feeling that if I were living adjacent to.that property and had to look out of my window at that piece of land, I would make a move to have this straightened out. - I, myself, have been in -this- area since 1926 and my parents also reside here. I have a definite feeling for wetlands but I don=t think this particular property is an asset in this condition. _ MR. GREG POWER: I am representing my mother, the owner of lots 11, 12., - 24-and 25. We have done nothing -as far as developing lots 24 and 25 which are on the Creek side referred, to as "that old dock", The house was formerly Dr. Luke's house and it was the third house on Fisherman=s Bay. We have seen ,a considerable amount of Southold Town Board -8- June 6, 1972 growth. at Fishermanfts' Beach. There is not much more to go. I am not an engineer but .I deal in engineering work. I would much prefer to see these - lots filled In to prevent ,a run-over at hurricane times. I would rather chase the water around through the creeks. It doesnA t come up in normal high tides I, ,might. add. (Mr. Power showed picture of Fisherman's Beach, taken a few years ago' to the Board.) I donut - - know if that is what you would consider wetlands. There are three lots left. SUPERVISOR MARTOCCHIA: Are there any other comments? MISS MOORS: TheConservationAdvisory Council said these are wetlands. GARY OLSEN, ESQ.: It seems to me when listening to, the -people in opposition that the basic argument is that it is wetlands which they don's-t' believe should be filled. It seems that in reading the Ordinance there is a procedure to apply for a permit to get an exception. So, there is a purpose for that. It is a very broad ordinance. I think the purpose is to protect the major wetlands so we don't lose them. Because there is a procedure such as this 'I think a case should be granted if. it is proper. The argument is basically that wetlands should not be filled no matter what the size. If that is the case it would be superfluous to even put this procedure in. I think you could very well grant this application without setting a bad precedent. I don't see where the general tenor would be violated. It is not ,of particular importance to anybody but it is important to the owner of the property. It is surrounded by buildings on all ,other sides. At the very end; of Fisherman's Beach, there is some fill going in today. I don,=t know what procedure was Southold Town Board_ -g- dune 6, 1972 taken on that. The- arguments seem to be "let's never grant an exception.0 MR. PAUL STOUTEPBURGH:.- I also want to bring out that if you look ,too the north you will^ see two creeks that dontt have bulkheading. So 'if you grant this application there will be -nothing- to prohibit a person across the way _from asking for the same thing. We have to stop, somewhere. (Mrs. Jean Tiedke .asked- to see the picture that Mr. Power had shown: to the Board and it was passed around for everyone to see) . r` MR. H. 'W. PROOM, Nassau Point ,Property Owners Assoc. : A number , of people have beex in contact with me about this application with the result that we felt -we should look into ' it ourselves. We are extremely conscious of wetlands and have gone to the extent of donating 12 acres to assure preservation. We find there is no objection to this. The Association is •in sympathy with .the owner and feel he is being singled out unnecessarily. I donst think' it would interfere ,with the ecology of Nassau Point. It is my job to report the feelings of the ,Nassau Point- Properties Association. SUPERVISOR MARTOCCHIA: Does anyone else wish to speak? (There was no response.) SUPERVISOR MARTOCCHIA: I will now •declare the hearing closed , and the B oardrwill make a 'd'etermination at a later date . Statement at public hearing of Southold Town Board, Jung6, 1972, concerning an application to fill marshland under the protection of the Wetlands Ordinance, Mr. Martocchia, members of the board: My name is Aline Dove. T am president of the North Fork Chapter of the National Audubon Society. The -North Fork Audubon Society strongly supports the Wetlands Ordinance of the Town of Southold, and vigorously, opposes any and all attempts to alter its purpose. We therefore request that this application be denied. June 5, 1972 Mr. Albert Martocehia, Supervisor Southold Town Board South Street Greenport, N. Y. , Dear Sirs: ABATES, the environmental study group of Shelter Island- Southold Area Branch of AAUW opposes the granting of the application to fill-and bulkhead the stated plots on Fisherman's Cove on Nassau Point for which request is made, We further assert that it is the duty of the Southold Town Board to protect the rights of the people of the town by abiding by the wetlands ordinance when such land fulfills the definition therein described. Very truly yours, Shirley L. Bachrach, Chairman ABATES Study Group Dayton Road Southold, N. Ye I THE LEAGUE OF WOMf N VOTERS E�11/ Rt1EAI3, PdES� YORK-11-9 !/{ 'r�, ` - . • - . - 'June 6 ' 1 = :r 972, ; T6 -'the Southold Town Board f' Mu From The •T,eague of Women Voters re Vgetlands Applic: No. 3.;' :,•., -The League of Women Voters is opposed: to granti,fig applica "!` � pion` ;k, number three for filling of„'wetlands. Regardless of how an arethas,`„ -been' developed in the pias+ AQ' 'or mcre ,years9 sucL past develonrne t s-�ould nct,, alwa--s be considered a precedent. We believe the Southold Town,'Board has a; firm obli9' a,ti0n9'4�s - <. a'arraiz'ri of 'the public welfare., to, deny,,tr is, Applic tion for tris, ` _f,blloiATi.ng -reasonss :wring periods .of high, tide, salt ,awater can actua 11y;creatE_ a 'virtual' if temporary 'islaiid,%of this a.rga, flooding a, `signific� ,t ' percentage of the peninsulao ` 2. A primhry-spur_ce ,of nutrient,s''in any body,, ef,-,wat.er 'is;,t,he- _ ed'ge,•,of';that',body. Further`-•bulkheacting of the' type"necessary'here dimintshes,'that 'food 'supply--still ;further. -Increasing',demands on' the water supply coy ld we ll, asten salt water intrusi-on; if indeed-the±e- is,'none theia yet y 4of.?Cesspool"s.-andel sept'ic_``tank-s, do -leach., This is 'their• fun on - 7 The,,effect,'may'not be ',olavicus''at ;tHe mcment but contamination or 9 is over'fertilization of .towhz wa e'rs can eventually'"occur. And at periods , of-low„tide9-the, e-�•fect,•,,could'„'be most unpleasant ” Ie^a rec`ia,te' the fact that some individuals is ma be -:" PP indiv y deprived: 'of' what; they_ consider 'to.'be 'their "rights'' to their property. But",,'," pro _ pr owners°':and, prespe,eti`ve' owners of property near or ori 'the water' a a r' re"'not ;ignorant: of, the Town's, regulations.' These regulations are a bold _o " f "'its=;vuith ..the ublic at large. We_do not thi rbc an._exce' tieri _i Yhoul = , ­b'e'rdae-,:in•-..,.this case,' although a,dj,�1n'ing property; is, even .now. being ?% -;buii-c, ;- A's', a.,.cbmmunity9' we in,, Southold must decide whether a ;few priva:•te interest o the ub s _- ' s r p lic good=will prevail. It i not easy-lto make such:declpi•ons' and there- are many conflicts to be resolved. , But- we believe, the interpretation .of all ordinances, regula tides and -•la,v_ e mus,t,,,,be' strict. It is the future of- the' Town that is at, stake. ' 'Mrs. ,Ikenneth Tiedke•; Fres. f: s LLVV;of Riverhead °. . Box 1103 Southold N Y. 11971< _ ,;,arch 19, 1972 0onsakvation Advisory Crourci:l = S lecial Koetlilg Uellangs/l's.rJp1_le , 'p`3 Southold Town Foard - Attendi_nZ: nelson Glap n,.n, Terry Ha rnan, G zarles 't:a - r,, . Tpk ReevO, vank Chichnowic2, John Plo k, Pa:"aCik 1;-u jal,,sk Jr. ' OnC'C'Z'n1T1J� czj]1�11C�tJ-Oil '}:��o. _Lor, v wotlands p wait ' ' s4bmitted by Henrj F. Pi aus, t^5 consci l_ has made t_e fol_ - Swing observations aQd rscoa,mapda cions. ' 1_. Loot 29 at Fisherman' � Veac_�1, i;as.�.•c:.1J Poi nb' car ?2 - f iiAtul, Pe "clMhsifi6d' ca.`�.'�- wptI a.nJs . ��^. 6 lot 1.4 - C' uer"3d- - T,i A spilt 'Madotir grass and- cordSpa.ss . _ ; 2 There wn s evidence of, the lot beirgj'- ,,,over=« intAr , -mi'ttently Vit l tidal salt water. ' ' : J. Although this particular lot teas onPO -a Cid that , ' has not been i filled and bulldheadndi in -;his Prpa, it ha definite ecologic l - i1,7portince as -an e_tua-ry. { . r1-he council believe, it would b„ iclnossible, - ' _ nlN with the existing board- of hnaltb pagg_latAns on tais lot uitti refe_ence to ,waste disposal. The council MKS believes the filling oP lots. _2; i ould adversely affect the.• wetlands o! `-oht'.hold To0 - as well .r5 adversely aI f ;�1 » , t1shellfish- aid of er bansficiah-orkanisms this area. �. Spacifically, the council feels the a 6 rovS-1 of t''11 S oc_rlriit would violate suction 280,' parts (a ) ,whd ( d )`,"of - the Wetlands Ordinance . in summary, the' council -does not co)rYnArid ap4,i'bval__6f, this ap ilica-tion and bellevei that t'-liS cour;e of ac t iC n would, K be most beneficial lto - t e • welfare of the r�eorjle of ��oL�t" ol�i _ Town. u • _ _," ', X11 � . $� . -�' . �''� �, . ,_. - ,lank' & Ku jai"ki . Jr,. ; §ecratar., Oonservation Advisory (dpncil i 1. BOARD OF TOWN TRUSTEES TOWN OF S❑UTHOLD SUFFOLK COUNTY NEWYORK =t May 3 , 1972 Southold Town Board 16 South Street Greenport, New York 11,944 ; Gentlemen: The Southold Town Board of Town Trustees has' reviewed the application of Henry F. Praus for a wetlands permit, and investigated the site at Nassau Point, Lot #29 and part of 30. on map of "Peconic Bay"Properties , Inc. " , fronting on- ' Haywaters Cove, Cutchogue, New York. The Board of Town Trustees does not believe the issuance of a wetlands permit to Henry F. Praus will sub- stantially adversely affect any portion of Section 280 of the Wetland Ordinance. It is the recommendation of the Board of Town Trustees that the application of Henry F. Praus for a wetland permit be approved. ; Very truly' yours, 62 Alvah B. Goldsmith, Chai man Board' of Town, Trustees - . LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Southold at the Supervisor ' s Office, 16 South Street, Greenport, New York, on the 23rd day of January, 1973 , in the matter of the following application : 7 :30 P.M. , upon application of Henry F. Praus for a permit under the provisions of the Wetlands Ordinance of the Town of Southold for the purpose of placing fill on premises of said Henry F. Praus located in Cutchogue, Lot 29 and part of Lot 30 at Nassau Point, known and designated as "Fisherman ' s Beach" , subdivision map of "Peconic Bay Properties, Inc. " All persons interested in said matter should appear at the time and place above specified and will be given an opportunity to be heard. Dated: January 2 , 1973 . BY ORDER OF THE SOUTHOLD TOWN BOARD. ALBERT W. RICHMOND TOWN CLERK PLEASE PUBT,ISH ONCE, JANUARY 12 , 1973 AND FOWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ADBERT W. RICHMOND, TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies :to: Long Island Traveler, Inc. The Suffolk Times COUNTY OF SUFFOLK STATE OF NEW YORK } ss: ` C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the.annexed is a printed copy, has been published in said Long Island Travel er-Mattituck Watch- NOTICF NOTICE ESOHEREBRING Y G1V1 man once each week for /o / 1 that a public hearing, will 'be •••• J�:G -•:.�L.. .... Weelfr5 held by the Town Board of`the Town of 'Southold,at the super- successively, commencing on the ..............,1......••••••••••••• visor's Office, 16 South Street; . Greenport, New York, on; the day of ....... 19 •' 23rd'day of January,-1973,'in;the t •• `•• '•'•• ••' matter of the following applica tion- 7:30 P. M., upon application of; ............................ `........... ...... i Henry F. Praus for a perinit under the provisions of the Wet- lands, et- lands,Ordinance of the Town of Southold for .the' purpose of placing,fill on;premises of said I Z�� •••'•Henry F. Praug-located in Cut- ••�••••Sworn to before me this .. day of chogue, Lot 29 and part of Lot 30 at Nassau Point; known and de- //y signated as "Fisherman's Beach", �"r'� •~......••. 19•d•• z subdivision�map'.of;"Peconic Bay Properties, Inc." ' All persons interested-,in said matter should,appear at the time and, place-,above 'specified and will be given an'_opportunity to I •••••••••• ••• . •••• •• . . .................. _ be heard.,- Notary Pub11c Dated: January 2;.1973 ,BY ORDER OF THE SOUTHOLD'°I.OWN BOARD ADELE PAYNE ALBERT W. RICHMOND,_ Notary Putlic, State of New York ,TOWN,BOARD_ I Pesulipg .n Suffolk County 1T-1-il No 52-304N00 _ _ __ Commission Expires March 30, 197.2 f,Pr�•r:, �.;�TT,• ^ ;'- '4s'` _ - ; TOWN OF` SOUTHOLD TOWN CLERK' S OFFICE, r s SOUTHOLD, N,Y. ll APPLICATION FOR WETLANDS PERMIT 4 Application No.-; _' Date of Application ,'November 'Ydexitity, of Applicant HENRY 1F, ,PKAUS]V .Ad'dress of Applicant "ft. F.D. #1, Kirby Lane, MuttoAtowrr, N. X,.. INSTRUCTIONS FOR- PERMIT 4 A. This application is' to be completely filled in 'by, typewriter or ink"-and submitted to the. Town Clerk 'in quadruplicate, accompanied by written "permission from the owner of the property if not the same as r' tlie'-applicant. B.,_ -, Pilot. Plan must be drawn to scale on the reverse side of-.this s"`• - ' ' .` application',sliowing the location of property, the names and locations r` o'f .owners •of adjoining properties, and a' detailed -description ,of , :proposed, project. (Note: Copies of the Pilot' Plan may be' made by' s r a- copy- machine" and attached to the Permit Application. ) C:, N6 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- 'tie ,premises after the work is completed must be' given, including , a survey if required. permit is' being sought for a more sizeable excavation ' than' the . ,,,,construction of a private single dock ,or jetty, then ' this application n must,-,be-accompanied by a survey 'and topographical map certified.by a iregistered land survey or Professional, Engineer. The',horizontal ; µ; 'eontrol, of survey shall be based upon an approved local coordinate Y system. The vertical, control for elevation and soundings shall be 41 based upon United States Coast and Geodetic . S_ urvey 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 ox :to'_•dr' edge or deposit- fill on said premises and 'whether any 'such permits •or licenses were -E+ver revoked 'or suspended by a governmental- • agency G. A,-filing" fee of-'$25 00'-shEill accompany the applicat This x io,n. filing fee includes one inspection,,, there is -a _$5. 00 fee, for each _ additional inspection. H. -The' Town Boa rd- u on' p request of the applicant for a permit, may , , r, waltre--in ,whole or in 'pa"rt;, the provisions of Article II, Section' 210, _.subdivisions, (d),.-and (g) where it finds that the nature of the proposed' operations are such that there uirements, of 'such TM . q provisions arer.not necessary for a proper considertion of a •permit application. 43 I.-•;-Upon approval 'of this application the Town Clerk will' issueI a permit to the ,applicant. Such permit Shall be avail.%ble ,for ' inspec0 t -tion at' any time, 'upon request. .v'ri-__.......�..F ;t'...+.Y.,.......•L. - ,.-Pti..^R y-'N; -� _ ,.-_ _. -. ..- _._ _ ` ____...•.-. '_[,._.... ... ;.__..- . .. � , ..._..�, ..._ � ��.rte. -.. l y -Page 2 41, r Examined 't Approved i• Disapproved Conditions, if any ; 4 Examining Body C ; . Signature of chairman )y",, r • Y 1 , y f t ,k IA €x 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 g governing -the Coastal and- ,-'- Interior nd- •- Interior Wetlands, Flood Plains and •Dra-inage Areas of the Town of .,• ' Southoild: , - Permit requested to fill the subject premises and IMMElead 4 a, ' d . . Location of property ,for which 'permit wanted " af,bvt SIB— at Nap Sati )Point, known and designated ,as "Fib heir ramilb Beat;11" Home s� f C ice e yo r �t'�n s tic � #iZ8RifPfOrt4k/Nr� WggglA�d lea igg •' u Fit ,—N.. Y Creek;, -Bay or, Harbor fronting property 9 Size of proposed work . Length t25 fe6t approxk, !4� � • -" . � .5 w �� Width ' r4` - ; - '• - •- ,' _ ,;'; 100feet„ „ . 'Height, Above--High, Water -" n Depth 'Below Low ,Water ' Yards -to ;be-' Excavated none ;{ Yards to be Filled ?35^ cubic yards, Width of canal, creek or bay. fronting-,- property rontin ,property 6 XI eappI Ox I Va Depth at Low ice 1• r r - ,F - are Average Rise in Tide '�, r r „ - �' ,, •', f I 4 I r Mit _�' ^' *•--.Pace' ,3. . r Is this ' for private or business use? private Area Zoning-'aeric. -''residential Manner in 'which material will be removed b deposited " fill-to be trucked in ; ,. Intended-, use' of propOrty ;to,build residence Written' consent of owner 'of property,. if not the same as the 'applicant' `Applicant"hereby requests a waiver to subdivision d and'g of Section 210. ' STATE OF NEW YORK) COUNTY, OF SUFFOLK)S5 --..; HENRY F; being duly 'sworn deposes and' says that he is the applicant for the above "described permit,. : and that all statement's', contained herein are true to the best of his knowledge and belief; � -iat the work will•'be done- in the manner set , forth in `this applicat'i6n and 'as, :may, be approved by the 'Town `Board ;. a of the 'Town•'o'f Southpl,a The applicant agreds ,to hold the" Town,'of` ' Southold, and the, Town 'Bdard hartriless and free.-from any' and -all ; damages and claims arising unc 6i: or by virtue'rof said per'mit,, -i'f granted. Signature o Allicant Henry F. 'Praus* k 3" R Sworn ,to before -me" this ` day of'November 19,71 tary Public ; FR NK J. MONYAt.BAN® ROTARY PUBLIC;State of New York "i No 30-7993675 ✓1 Qualified In Nassau County Terni-Expires March 30, 1% 0 10 Ay Ilk Cpl` Alk ` dor' c F �. pT 29 i Y 0 o R I r :1 7700 0 00 01p, �F� ,•� `?p 9 x`47` /00 S p, C t F qo 'Q '°°, 4.0 REFERENCE: - SURVEY FOR MAP OF PECONIC BAY PROPERTIES,INC. HENRY F. PRAUS FILED APRIL I8, 1931—MAP NO.786. AT 1VAI ;SAU POINT GUARANTEED TO ; TOWN- OF SOUTHOLD ;SUFFOLK, COUNTY, N.Y. -, SCALE . 1" = 30' DEC.29, 1971 f,Q, LAND SURVEYOR NN • RIVERHEAD 28725 Point"Roagl, .Southold, New York, � be granted this request',''applica tion #5, to erect bulkhead and r/(� ain land. J � Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman ' Rich, Councilma=ri--Homan, Justice Suter, Justice Demarest. ` rMoved by Justice Demarest, seconded by Councilman Rich,, WHEREAS, Henry F. Praus ,by application, dated November . 30 ;197i, kmade, application for a wetlands permit for t'he purpose of b1aCing'`'apFproX ' imately 2352 yards of fill on premises known as Lot No_ 29 and- part E of-,lot No. 30 on map of Peconic Bay Prope rtiea, Inc.- (Map No; `786) , ;'. which said' premises are situate on the north side of Hayw'aters Road, at Nassau Point, Cutchogue, and WHEREAS, the said application was referred to the 'Souti"old Town, Board of Town Trustees and the Southold Town Copservat`ion- Advisory Council for their findings and recommendations;`~ and ;^ WHEREAS, a public hearing 'was ` held by this board with respect to said application on the 6th day of June 1972,, at which , t'i�ie all .i , interested; persons were given an opportunity ' to" be heard; ' and WHEREAS, this Board has thereafter examined all statements and / documents- submitted with respect to such application andt'has also ; visited the premises-- in question and is therefore familiar with-the premises and' the effects upon the same which would result, by reason of the granting of said application, ' NOW; THEREFORE, IT IS HER RESOLVED AS FOLLOWS : Upon' all of 1 the evidence and information obta-fined by ,this -board,. the board finds , that the premises in question consist of a , lot, which has,'' `a frontage , of approximately 100 feet 'on the north ' side' of ' Haywaters,."`toad. and a depth of approximately 100 feet. On viewing the prem1s,'es ; the Board finds that the premises are adjacent to a salt water. body 'of- water, known as Haywaters Cove, which in turn. ,flowes -into Peconic `Bay and the waters adjacent to the premises in question .cotnpr.ise a, `salt water' body of water ; that a substantial portion of'-the� premrses . in question' are covered by storm and 'norm_ al tidalwaters ; that tYie,,`, r; remises have growing thereon. salt ha and cord rass and' other f `* P g g Y g. } ' beneficial vegetation which is vital- to the;marine ' life 'of the­area;- _ th-t the proposed filling- as, set forth in said applicatidn would complete-ly fill and `cover the area in ' question and, theref6re completely -destroy said wetland and therefore substantially .. adversely affect fish, shellfish or other ben'eficial 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 ; . ; application of Henry F.' Praus ;is, in all respects denied.,. , Vote of the Town Board: Ayes : ' Supervisor Martocchia, 'Councilman Rich Justice Suter Justice Demarest. Councilman Homan'. otVoting. GARY FLAN N ER OLS EN COUNSELLOR AT LAW R O BOX 247 MAIN ROAD MATTITUCK. LONG ISLAND, NEW YORK 11952 RHONE 516 298-4844 March 22, 1972 Re. Baldwin to Praus .,i Dear Mr. Richmond: Enclosed herewith please find the original and three copies of a "Consent" which has been executed by Wilbur Baldwin as the owner of the premises for which an application for Wetlands,has been submitted. Please ake same part of the appRcation papers. Very tr y yo s, � ER OLSEN t, GFO/mrc - encl. r "v Albert Richmond Southold Town Clerk Main Road Southold, New York 11971 tj March 3, 1972 Re: Application of Henry Praxes to fill "Wetlands To Whom it May Concern: I, WilbLr Baldwin, residing at 69 Windmill Dri4e, Huntington, N.Y. state that I am the owner of certain property located on Haywaters Road known as Lot # 29 and part of Lot 30 on a certain Map of Peconic Bay Properties , Inc. filed April 15, 1931 as Map No. 786. 1 hereby consent to the submission of an "Application for Wetlands Permit" affecting said premises by Henry F. Praus. Wilbur Baldwin Sworn to before, me this/rt March, 1 72 /Lai /7 N to ry ub r�x M. 1 0, 19 arch 30, commissio, { OFFICE ,QF Tc3WN„ CLERK TOWN OF SOUTH O_ LD ALBERT W. RICHMOND 'f7 TELEPHONE TOWN CLERK w„ 765-3783 REGISTRAR OF VITAL STATISTICS9 1• ti l ll, SOUTHOLD, L. I., -N. Y. 11971 i March 8, 1972 Mr. Alvah B. Goldsmith, Chairman Southold Town Trustees Town Clerk ' s Office Main Road Southold, New York 11971 Dear Mr. Goldsmith : Transmitted herewith is application No. 3 for a wetlands permit submitted by Henry F. Praus. Please prepare a written report- of findings and recommendations with respect to this application and submit said report to the Southold Town Board i within 20 days of receipt of this letter. Very truly yours, Albert W. Richmond Town Clerk /Jb <1 i OFFICE , E ®�^�T®V,Vt4q-� ,LER6C TtgWN' OF 9Qi!THOLD - ALBERT W. RICHMOND TELEPHONE § 765-3783TOWN CLERK , y ' REGISTRAR OF VITAL STATISTICS W'` " SL1UTHOLD, L. 9., N. Y. 11971 March 8, 1972 Mr. A. Nelson Chapman, Chairman Conservation Advisory Council Orient, New York 11957 Dear Mr. Chapman: Transmitted herewith is application No. 3 - for a wetlands permit submitted by Henry F. Praus. 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 receipt of this letter. Very truly yours, Albert W. Richmond Town Clerk /jb r� 1 i • t GARY FLAN N ER OLS EN COUNSELLOR AT LAW P O BOX 247 • MAIN ROAD • MATTITUCK, LONG ISLAND, NEW YORK 11952 • PHONE 516 298-4844 March 22, 1972 Re; Baldwin to Praus Dear Mr. Richmond: Enclosed herewith please find the original and three copies of a "Consent" which has been executed by Wilbur Baldwin as the owner of the premises for which an application for Wetlands has been submitted. Pleaseake same part of the application papers, �' Very trul yo s, G#k L ER OLSEN r � GFO/mrc encl. Albert Richmond Southold Town Clerk Main Road Southold, New York 11971 March 3, 1972 Re: Application of Henry Praus to fill "Wetlands To Whom it May Concern: I, WilbLr Baldwin, residing at 69 Windmill Drile, Huntington, N. Y. state that I am the owner of certain property located on Haywaters Road known as Lot # 29 and part of Lot 30 on a certain Map of Peconic Bay Properties , Inco filed April 15, 1931 as Map No, 7860 I hereby consent to the submission of an "Application for Wetlands Permit" affecting said premises by Henry F. Praus, Wilbur Baldwin Sworn to before me yo this r f / March, 1,972 N tary ub "c +,Y "7. LOLC1 iF c+ to of ��W 1°nrlc �i_�3�U3UU �So. Y„eons CouptY mar 30; 97r-Ofll GARY FLAN N ER OLS EN COUNSELLOR AT LAW P. O BOX 247 • MAIN ROAD MATTITUCK, LONG ISLAND, NEW YORK 11952 PHONE 516 298-4844 March 3, 1972 Re: Praus Wetlands Application Dear Mr. Richmond: I am returning herewith four copies of an Application for a Permit to fill-a and bulkhead certain real property. Please resubmit same to Robert Tasker for his review. Very truly your GARY F NNER OLS E GFO[mc encls. Albert Richmond, Clerk Town of Southold Southold, N. Y. .r• U•.r r �• ;;f.rr.� ,� �,```;' • ",,;,,'t1 ','fir ":, ®FFIC_ ERK .,n; . TOWN`Ol 50LITM,pLD ALBERT W. RICHMOND , 2-,,a,r }4 TOWN CLERK '{�,�,". 'f• 1,'�"}.; I5 CTELEPHONE �;',1',r .v,7.,,i,.,. r 765-3783 REGISTRAR OF VITAL STATISTICS 'y..',•``� �;I,t' SOUTHOLD. L. I., N. Y. 11971 March 8, 1972 Supervisor Albert M. Martocchia Southold Town Board 16 South Street Greenport, New York 11944 Dear Mr. Martocchia: Transmitted herewith is application No. 3 for a wetlands permit submitted by Henry F. Praus. Copies of this application have been forwarded to the Board of Town Trustees and Conservation Advisory Council for their report of findings and recommendations. Very truly yours , - Albert W. Richmond Town Clerk /Jb March 19, 1972 Conservation Advisory Council Special Meeting Wetlands/Applic. -#3 Southold Town Board Southold, N.Y. Attending: Nelson Chapman, Terry Harnan, , Charles Meyer, Tom Reeve, Frank Chicanowicz, John Plock, Frank Kujawski Jr. Concerning application No. 3 for a wetlands permit submitted by Henry F. Praus, the council has made the fol- lowing observations and recommendations. 1. Lot 29 at Fisherman' s Beach, Nassau Point, can de- finately be classified as wetlands. The lot .,was covered with salt meadow grass and cordgrass. 2. There was evidence of the lot being covered inter- mittently with tidal salt water. 3. Although this particular lot was- one of a few that has not been filled and bulkheaded in this area, it has def incite .ecological importance as an estuary. 4. The council believes it would be impossible -to com- ply with the exis'ting board of health regulations on this lot with reference to waste disposal. 5. The council further believes the filling of lot 29 would adversely affect the wetlands of Southold Town , as well as adversely affecting the shellfish and other beneficial organisms in this area. 6. Specifically, the council ,feels the approval of this permit would violate section 280, parts (a) and (d) of the Wetlands Ordinance:. In summary, the council does not recommend approval of this application and believes that this ,course of action would be most beneficial to the welfare of the people of Southold Town. Incerely., ' Frank A. Kuja ski Jr. , Secretary -Conservation Advisory Council BOARD OF TOWN TRUSTEES T❑WN OF SOUTHOLD SUFFOLK COUNTY NEW YORK May 3, 1972 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: The Southold Town Board of Town Trustees has reviewed the application of Henry F. Praus for a wetlands permit, and investigated the site at Nassau Point, Lot #29 and part of 30 on map of "Peconic Bay Properties, Inc. " , fronting on Haywaters Cove, Cutchogue, New York. The Board of Town Trustees does not believe the issuance of a wetlands permit to Henry F. Praus will sub- stantially adversely affect any portion of Section 280 of the Wetland Ordinance. It is the recommendation of the Board of Town Trustees that the application of Henry F. Praus for a wetland permit be approved. Very truly yours, Alvah B. Goldsmith, Charman Board of Town Trustees 1 1 COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says NOTICE OF HEARINGS —lI that he is the Editor, of THE LONG ISLAND at hearrings ,will be held CE IS HEREBY GIVEN that heTRAVELER - MATTITUCK WATCHMAN, a public news- the ,'Down Board of the Town by,of paper printed at Southold, in Suffolk County; and that Southold,* at the Supervisor's Officr;," 16 South Street, Green'- the notice of which the annexed is a printed copy, has been port, New York, on the 6th clay of-June, 1972, in the matter of published in said Long Island Trove ler-Mattituck Watch- the following applications: 7':30 P. M., upon application ' ; man once each week for .�j� ll .. week of,Henry F.' Praus for a permit under the provisions of the Wet- SUCC@SSIVeIy, commencing on the lands Ordinance of the Town + •••••"•••'•••' '•'•••••••••••• of Southold for the purpose of 19•• placing fill or. premises of said. day of ............ .. . . . .... . .. ...... Henry F. Praus located in-Cut-, , chogue, Lot_29 and•.-part;'of_Lot 30 at Nassau Point, known and designated_ as "Fisherman's_., ............................ .................. .............. . .......... Beach';',;subdivisiori map:of conic Bay Properties, Inc.", 8:0o P. M., upon application of I George K. Dornauer for a,perrmt ulk- rovidons of't he ' 'a bulk- Sworn to before me this . �..... day of lands;Ordinance to erect head to retain land on premises 7�/ of said George K. Dornauer at •••p.ems `-.. ...., �9..�. ' 185 Willow Point Road, Soutiicld, New York. Lot 23 on subdivision map of "Willow Point." 8:15 P. M., upon application of_ Clifford C. Cornell for',a,permit; under`the provisions of:the' 'Vet lands Ordinance to erect a bulls- TTbtaanb y Plio head to,.r'etaii>,land,on premise-,,. of said Clifford C. Cornell at 325 Willow-,point Road, Southold, ' New Yok,Lot•24' on"sulidivesron' ADELE PAYNE map of "Willow Point." i NotSPy Public, State of New York ;i All persons interested m iQg in Suffolk County � No. 52.3041000 matters shall appear at the tame4me ResidCommission Expires March 30, 197 And place apove, specified and will be given,an opportunity,to be heard. Dated: May 9, and May 23,•1972 By. ORDER OF THE SOUTHOLD TOWN BOARD ') ALBERT W. RICHMOND 9 TOWN CLERK 1T—:5-25 ' Y t STATE OF NEW YORK: SS : COUNTY OF SUFFOLK: 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 30th day of May 19 72 , 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:- June -6, 1972 :' Hearings on wetland applications : 7 :30 'Henry F. Praus, 8 :00 George K. Dornauer, 8 :15 Clifford & Cornell. Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, L.I. ,N.Y. Sworn to before me this Albert W. Richm nd, Town Clerk - 30th day of May 19 72 otary Public JUDITH T. BOKEN Notary Public, State of New York No 52-0344963 Suffolk County Commission Expires March,30, 19 t i LEGAL NOTICE NOTICE OF HEARIN G NOTICE IS HEREBY GIVEN that hearings will be held by the Town Board of the Town of Southold at the Supervisor ' s Office, 16 South Street, Greenport, New York, on the 6th day of June, 1972 , in the matter of the following applications : 7 :30 P.M. , upon application of Henry F. Praus for a permit under the provisions of the Wetlands Ordinance of the Town of Southold for the purpose of placing fill on premises of said Henry F. Praus located in Cutchogue, Lot 29 and patt of Lot 30 at Nassau Point, known and designated at "Fisherman ' s Beach", subdivision map of "Peconic Bay Properties, Inc. " 8:00 P.M. , upon application of George K. Dornau� for a permit under the provisions of the Wetlands Ordinance to erect ge-0 F,q e- a bulkhead to retain land on premises of said •H,en-r-� K. Dornauee at 185 Willow Point Road, Southold, New York , Lot 23 on sub- division map of "Willow Point. " 8 :15 P.M. , upon application of Clifford C. Cornell for a permit under the provisions of the Wetlands Ordinance to erect a bulkhead to retain land on premises of said Clifford C. Cornell at 325 Willow Point Road, Southold, New York, Lot 24 on sub- division map of "Willow Point. " All persons interested in said matters shall appear at the time and place above Specified and will be given an opportunity to be heard. Dated: May 9 and May 23, 1972 BY ORDER OF THE S OUTHOLD TOWN BOARD. ALBERT W. RICHMOND TOWN CLERK Page '2 - Legal Notice " PLEASE PUBLISH ONCE, MAY 25, 1972, AND FORWARD SIX 46:' AFFIDAVITS OF PUBLICATION TO THE TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 12, 1972 ® The Suffolk Times The Long Island Traveler Gary F. Olsen George K. Dornaua Clifford C. Cornell Supervisor Martocchia • w COUNTY OF SUFFOLK STATE OF NEW YORK ss: NOTICE, Og' HEARINGS - - NOTICE,IS HEREBY GIVEN C. Whitney Booth, Jr., being duly sworn, says that hearings will be held by j that he is the Editor, of THE LONG ISLAND the Town Board of-the Town of Southold at the Supervisor's TRAVELER - MATTITUCK WATCHMAN, a public news- Office. 16 South Street, Green- port, New York,'on the 6th day paper printed of Southold, in Suffolk County, and that of June, 1972, in the matter of the following applications: the notice of which the annexed is a printed copy, has been 7:30 P. M., upon application published in said Lon Island Trove ler-Mattituck Watch- of Henry F. Praus for a'pei•init p g under the provisions of the Wet- lands Ordinance of the Town man once each week for ....�C� �...... ././/. wee of Southold for the purpose of I — placing fill on premises of said successively, commencing on the ...............c.�............... Henry F. Praus located in •Cut- chogue. Lot 29.ai4d'part-of Lot 1 day of 9.. ... 30 at Nassau Point, known and ••••••••••••• •• ••• ••••••. designated as , "Fisherman's Beach", subdivision map,,of,"Pe- conic Bay Properties, Inc." j 8:00 P M., upon,application of ....................... ........... .......... ........ George K. Dotnauer,for`a•pe tilt under the Frovinons of''the;kVet- lands Ordinance to'er�ct;,,�,bulk- head to retain. land'0117'premise., of said George K. Dornauer at Sworn t0 before me this . do of 185 Willow Point Road', Soutincld, ; ,i ........ ........... y New Yank. Lot 23-on subdivision map of "Willow Point." 4 ........ .. . ......... 19.. . . 8:15 P. M., upon application of i Clifford C. Cornell('for,ac,nermit under the provisions'of the`,-�Vet-` u lands Ordinance to erect; -_ head to retain laiids,,on pieirremise`iisev''� j of said Clifford C. Cornell;,at,325 ....... . . ... Willow Point Road, Southold, Notarg Pub>sc New York, Lot, 24 on subdivision i map of "Willow'Point-'' All persons intere5ted.tin2�laid ADELE PAYNE I matters shall appear, at,tA6 time Notary public, State Of New York and place- above specified and Residing In Suffolk County will be given an .oppoitunityzto NO 52-30,11200 be heard Commission Expires Niarch 30, 197 Dated: May 9-and May,23, 1972 BY ORDER OF, THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK 1T-5-25