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TR-4268
Town of Southold Building Department Office of the Building Inspector Town Hall, P.O. Box 1179 Southold, N.Y. 11971 Attn: John Boufis, Ed Forester Reft Updated Pre C.O. of Sept. 10, 1987 Gentlemen: .April 25, 2000 Regarding my request (via Brace Anderson) for an updated C.O. and John's visit to the Marina on April 24th, please note the following in regard to an updated C.O.: The 10th line on the C.O. should read "Brick Cove Marina, nee Young's Boatyard & Marina" instead of"Young's Boatyard & Marina". * This also applies to the first line on the inspection report. * "Zone: Industrial Light 'C' Zone" should be corrected to ~'Zone: M-II (Marina Il)" on the inspection report. * Item I on the inspection report shouild read "138 rental slips plus 3 ancilary marina slips" or as 'advised by the Trustee Office. Thank you, (Owner, Brick Cove Marina) P.O. Box 250 Greenport, N.Y. 11944 ? cc: Al Krupski, Board of Trustees 4' Bruce Anderson, Cousultant FORM NO. 4 TOWN OF SOUTIIOLD oBUILDING DEPARTMENT ffice of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy' UPDATED PRE C.O. No.~'.1.6'!.5.3 .......... Date .Sept. ~0, 1987 THIS CERTIFIES that tbe building .B.o.a.t.¥ard and Marina Location of Property 1670 Sage Road, Greenport h&;s~ hid ....................... 'sb'~i ............................ County Tax Map No. 1000 Section ...0~ .5.7 ...... Block I .Eot 38.3 Subdivision.., ............................ Filet[ Map No ......... Lot No. Requlrements for a private one-fam~]_y dwelling built prior conforms substantially to theXa;t/~l~Yox~a~.~/IE~ ' '.xl~/~63~O/fltox~i/~xiiixt~i~-~× CERTIFICATE OF OCCUPANCY to April 23, 1957 pursuant to whichXBlffllllt~tl~E No. Z16153 dated Sept. 10, 1987 of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ~,INSPECTION REPORT YOUNGS BOATYARD ~ bI,\RINA The certificate is issued to ........... [I.QW¢[tp..ti:. 5..I?Q[<!).'(I!'~.. :l... ZEIINER (oe~nor, liI~TC=R ~IXCd,-A'~N ¢/ ~ ~ ............ . ....... of the aforesaid building. Suffolk County Department of llealtlt Approval ....... ~ { 6 ........................ UNDERWR ITERS CERTIFICATE NO. N /a PLUMBERS CERTIFICATION DATED: M/A Updates Pre C.O. #Z7404 Updates Pre C.O. #Z16153 Buikling Inspector 1/81 NAME: DATE: OWNERS: LOCATION: CO. TAX #: ZONE: LOCATED ON THE 2. 3. 4. 5. 6. 7. 8. TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALl. SOUTHOLD, N.Y. 11971 INSPECTION REPORT Young's Boatyard & Marina Sept. 9, 1987 Howard H. & Dorothy J. Zehner 1670 Sage Road, Greeoport, N.Y. District ~O00-Sectlom 057-Block Lot 38.3 Industrial Light "C" zone PROPERTY: Approximately-95 Boat slips TEL 765-1802 11944 I Four tennis courts g.P. #8749Z C.O.Z7842 Swimming Pool-public B.P. #8749Z--C.0. Z7842 Bath House B.P.#8749Z-C.O. Z7842 Large metal storage shed Pre C.O. ZI5817 Wood boat shed barn Pre C.O. Z]5817 Small storage building. One large building conslst tog of thret, sections Pre C.O. ZI5817-C.O.Z7404 & C.O. Z7286 9. One private one family dwt~[l ing B.P. 1~¢4Z- C.O. Ztl39 10. One stable with fence around II. One small cot-rage Prt, C.O. ZI5817 NO VIOLATIONS WERE Inspected by: FOUND. ~urtis W. Horton Senior Building Inspector Albert J. Krupski. President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 12, 2001 Mr. Howard H. Zehner P.O. Box 250 Greenport, NY 11944 Re: BRICK COVE MARINA Permit ff.4268 Dear Mr. Zehner: in accordance with above captioned permit dated 12/21/93 and the completion survey of 11/30/97 by Peconic Surveyors, the construction of 141 slips, including (3) ancillary slips ( 1 fuel slip, 1 service slip, and 1 work boat slip), is completed and approved by the Southold Town Board of Trustees. If you have any further questions, please don't hesitate to call. Very truly yours, Albert J. Krupski, Jr. President. Board of Trustees ~,JK:ims Albert J. Krupski, Jr., President Board Of Town Trustees Town Of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 1 February, 2001 Subject: Trustee Slip Approval Dear Mr. Krupski and Board Members: I would to update my official Marina status. My previous Certificate of Oceupancy dated Sept. 10, 1987 requires revision as noted in the attached copy of my letter of Apr. 25, 2000 to the Southold Town Building Dept. and attached copy of the 1987 Certificate of Occupancy. Mr. John Boufis of the Building Dept. visited the Marina after my letter to them but he explained that since no building permits were issued, or required, by the Building Dept. for the Marina work, no update could be provided ( note that dock work is not within the jurisdiction oftbo Building Dept. ). I did not receive a written reply from the Building Dept. but Bruce Anderson visited Mr. Ed Forester on my behalf after Mr. Boufis stopped by the Marina. Mr. Forester gave the same explanation as Mr. Boufis, that no update to the C.O. by the Building Dept. could be provided, that dock expansion came under control of the Trustees. With regard to the four (4) updates required on my 1987 C.O. ( reference my letter to the Building Dept. of Apr. 25, 2000 ), the first and second ( Marina name change ) probably comes from the Legal Dept., the third ( zone change ) from the Town Board, and the fourth ( slip quantity ) from the Board of Trustces. This is said with some degree of humor. Would the Board of Town Trustees please supply a letter to me with wording encompassing the following: "Per Southold Board of Town Trustees Permit No. 4268 dated t2/21/93 and the completion survey of 11/30/97 by Peconie Surveyors, the construction of 141 slips, including three (3) ancillary slips ( 1 fuel slip, 1 service slip, and 1 work boat slip ), is completed and approved by the Southold Board of Town Trustees." Copies of the two (2) above documents are attached. The matter of Marina name change and zoning change on the 1987 C.O. seems to be a matter of impossible complexity. Attachments: 4/25/00 letter to Building Dept. 9/10/87 Marina C.O. 12/21/93 Trustee Construction Permit 11/30/97 Peconic Surveyor's Print (SI) cc: Bruce Anderson Suffold Environmental Consulting Ed Forester, Building Dept. Thane You,ttnt'~"~ -.~c' .~ Howard H. Zehner (Owner, Brick Cove Marina) P.O. Box 250 Greenpert, N.Y. ! 1944 Town of Southold Building Department Office of the Building Inspector Town Hall, P.O. Box 1179 Southold, N.Y. 11971 · ·April 25, 2000 Arm: John Boufis, Ed Forester Reft Updated Pre C.O. of Sept. 10, 1987 Gentlemen: Regarding m~ request (via Bruce Anderson) for an updated C.O. and John's visit to the · Marina on April 241h, please note the following in regard to an updated C.O.: The 10th line on the C.O. should read "Brick Cove Marina, nee Yoang's Boatyard & Marina" instead of"Yonag's Boatyard & Marina". This 'also applies to the first line on the inspection report. "Zone: Industrial Light 'C' Zone" should be corrected to "Zone: M-II (Marina 11)" on the inspection report. Item I on the inspection report shouild read "138 rental slips plus 3 ancilary marina :dips" or as 'advised by the Trustee Office. Thank you, (Owner, Brick Cove Marina) P.O. Box 250 Grccnport, N.Y. 11944 'cc: Al Krupski, Board of Trustees Bruce Anderson, Cousultant FORM NO. 4 TOWN OF SOUTttOLD ,~' BUILDING DEPARTMENT t~Officc of the Building Inspector' Town Hall Southold, N.Y. Certificate Of Occupancy UPDATED PRE C.O. No..Z.I.6.!.5.3 .......... Date Sept. I0, 1987 THIS CERTIFIES that tile building . .B.o.a.t.y.a.r.c~ . 9.n.d..~ .a.r.i.n.a. ........................ Location of Property 1670 Sage Road, Greenport id~&'e ~io: ....................... 's~/e~i ....................... idddoi County Tax Map No. 1000 Section ... O..5.7 ...... Block . .I ............. Lot . .3. p: .3 ........... Subdivision ............................... Filed Map No ......... Lot No .............. Requirements for a private one-family dwelling built prior conforms substantially'to theX/i;lltfftl~Yd~X~lll~lil~iq~XPA~lt~lq~,av~h,'xlqY'dixillXtYa~~x CERrI'IFICATE OF OCCUPANCY to Ap.ril 23, 1957 pursuant to whicl.D,Lfl,~llR~hn~t~yig No. ZI6153 ,,,,,,., dated .S..e p.t.... ! .0.,.. !.9.8.7: .......... was issued, and conforms to all ot the rcquiremen£s of tile applicable provisions of the law. The occup;mcy for winch this certificate is issued m ......... .. ~.~.~, .z .~.s.~. ~..c.zz.q u.' B.~.P.o..~7 ..................................................... YOUNGS BOATYARI) & MARINA The certificate is issued to ........... B.Q~68.D..t!: . 5..t).Q!q(l.q'(. :3....~Ifl![N.E.R. ............. (owner, I~o~'lt llltXqttlOlt~ X X of the aforesaid building. Suffolk County Department of tlealth Approval ......... ~ [ 6 .............................. UNDERWRITERS CERTIFICATE NO .... N /A PLUHBERS CERTIFICATION DATED: Update,; Pre C.O. #Z7406 ~pdates Pre C.O. #ZI6153 N/A 13uikling Inspector Rw. 1/81 NAME: DATE: OWNERS: LOCATION: CO. TAX #: ZObE: LOC.~TED ' TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR. P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-180~' INSPECTION REPORT ~Young's Boatyard & Marina Sept. 9, 1987 Howard H. & Dorothy J. Zehner ]670 Sage Road, Greenport, N.Y. I [944 District IO00-Section 057-Block Lot 38.3 -~ Industrial.Light "C" zone ON THE PROPERTY: .... ,~ I Approxlmately-95 Boat slips 2 Four tennis courts B.P. #8749Z C.O.Z7842 3 Swimming Pool-public B.P. #8749Z--C.0. Z7842 4 Bg~h House B'.P.#8749Z-C.O. Z7847 5 Large metal storage shed Pre C.O. Z15817 6 Wood boat shed barn Pre C.O. 7 Small storage building. 8 One large building consisting o£ three sections Pre C.O. ZI5817-C.O.Z7404 & C.O. 9. One privutc on~ f,tmi [y dwt. l I i~l~ B.I'. I094Z- C.O. ZIt39 lO. One stable with fence around 11. One small cottage Pre C.O. ZI5811 NO VIOLATIONS WERE Inspected by: FOUND. ~urt~ia Wo Horton Se~or Building ~pe~tnr Z7286 Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ISSUED TO . 4268 DATE:. 12/Z1/93 BRICK COVE MARINA kutl arizatian Pursuant fo the provisions of Chapter 615 of the Laws Of the State of New York, 1893: and Chapter 404 of fha Laws of the State of New York 1952: and the SoufhoJd Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and fha REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance wlfh fha Resolution of The Board adopted afa meeting held on 12/21/93. 19 93, and ~n consideration of the sum of $ 150.00 paid by HOWARD ZEHNER of Brick Cove Marina of GREENPORT N.Y. end subject to the Terms ~nd Conditions listed on the reverse side hereof, ,~odermze &tmprove operat~ slips incl. fuel dock, work boat slip & serv. )rove [ areaS;-~ndgc~pe~'install & ~naintain marina pump-out fac. washdown platform with sediment & oil separation system, o ' in ti · tern ' r arkin are , elocate ' ' ' JJcafion. & tmprove ex~. . ~he ~naflng~P~ of slope sredging, approx. 550 cy at bas ~entrance toIN W TNE5S WHEREOF, The s~,d Board o* ~rustees ~re- by causes ifs Corporate Seal to be affixed, and these p[esents to · of th~s date. be subscribed by a maloritv of t~ said Board as.. SUBJECT to attached conditions. TERMS end CONDITIONS The Pesmktee HOWARD ZEHNER of BRICK COVE MARINA reskJ~gar 1670 SAGE BLVD. GREENPORT part of the considaradon for the iss~--re of the Permit does undetstend and prescribe to the ful- lowing: I. That the said Board of Trustees and the Town of $onthold are re!~_?d from any and aH damages, or claims for damages, of $~itS i~isillg ditty Or indireody as a re~lt of any oper- ation performed pursuant to this permit, and the said Permit~ee will, at his or her own expeme, defend any and ail such mits initiated by third patties, and the said Pcrmittee mamma full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Sonthold 2. That this Permit is valid for a period of 24 mos~ whirl, is considered to be the estimated time required to complete the work involved, but should ciro,~stancg$ watrang req~st for an extension ma)' be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long es the said P~aJttee ~ to maintain the structure or penjec~ involved, to provide evidence m anyone conceaned that ~uth- orization wa* originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be _~-~ for revocation of this Permit by resolution of the said Board. 5. That there will be no tmreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and Iow water marks. 7. That if furore operations of the Town of Sond~ld require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of T~, tbe work shall cause unreasonable obstrucnon to free navigation, the said Permi~tee will be requlred~ upon due aodce, to remove or alter this work or project herein stated without expenses to the Town of Sonthuld. 8. That the said Board will be notified by the Permittee ot the completion of the work auth- orb. ed. 9. That the Permittee will obtain all other permiu and consents that may be required nip- plemental to this Permit which may be subject to revoke upon failure to obtain name. Howard H Zelmcr, P E. Brick Cove Marina P.O. Box 250 Greenport, N.Y., 11944 Tel. 516-477-9556 December 7, 1998 Mr. John A. Wieland NYS Dept. of Envir. Conser. Div. of Compliance SeiMces NYSDEC Region I HDQTRS SUNY ~ Stony Brook, BLDG 40 Stony Brook, N.Y., 11790-2356 REF: Permit No. 1-4738-00609-00008 Dated 10/29/96 Albert J Krups'ki, Pres. Board of Southold Town Trustees P.O. Box 1179 53095 Main Rd. Southold, N.Y. 11971 REF: Permit No. 4831 Dated 11/21/97 Gentlemen: The permitee, ltoward I I Zchncr, plans to usc steel sheet bulkhead malcrial, its originally intended, to repair the Brick Cove Marina jetty. Hence, the original application and permit will- apply as stated. Please ignore my letter of February 23, 1998, requesting a change to vinyl sheet bulkhead material. Steel sheet can be better driven in the clay soil prevalent at the jetty. Thank you for your consideration. Very trLlly yours, Howard H Zehner ( Owner, Brick Cme Marina ) Howard H Zehner, P.E Brick Co~e Marina P.O Box 250 Greenpo~t, N Y. 11944 Tel 516-477-9556 Mr. John A Wieland NYS Dept. of Envir. Conser. Div. of Compliauce Services NYSDEC Region I HDQTRS Suny @ Stony Brook, BLDG 40 Stony Brook, NV 11790-2356 lIEF: Permit No. 1-4738-00609-00008 Dated 10/29/96 'XX&Albert J Krupski, Pres Board of Southold Town Trustees P.O Box 1179 53095 Main Rd. Soutbold, NY 11971 REF' Permit No. 4831 Dated I I/21/97 Gentlemen: The Permittee, t-loxs, ard H. Zelmer, plans to use 0.400 inch thick Series 500 Shore Goard Vinyl Sheet bulkhead material instead of steel butkheading tbr the Brick Cove Marina jetty repair. The attacked plan dated 2/23/98 (Revision to 9/25/96 Plan) shows this change For lntbrmation' D.E.C. - Description of Authorized ActMty: The words "steel bulkhead" should be changed to ~'vinyl bulkhead" and the attached plan dated "September 25, 1996" should read "February 23, 1998(Revisioa to September 25, 1996 Plan)". Trustees- Please note the above change in description. This permit activity is expected to begin tm or about March 7, 1998 Telephone contact in- dicated no significant change to the permit status but notitication per this letter and the revised plan was suggested. Thand you for your consideration. Very. truly yours, . -. Howard H. Zehner ( Owner, Brick Cove Marina ) PRO~EC~ N AHW :PROJECT: Brick Cove Marina Bulk- Tpa~r & Maint. Dredging NGVD . ~"PROPERTY OWNERS: d?Shores Assoc., Inc, x 772, TEL # 516- Southold, N.Y. 11971 .765-1896 PREPARER/OWNER: Howard H. Zehner 1670 Sage Blvd., P.O. Box 250 Greenport, N.Y. 11944 COUNTY TAX MAP_NO.: %Q~:O]-RR %, DATE: ...... VIC. IHtTY 1',~ AP 'ROJECT: Brick Cove Marina Bulk- ~ea-~-~-~pair & Maine. Dredging DATUM; NGVD A 3-~ENT PROPERTY OWNERS: SouChold Shores Assoc., Inc. P.O. Box 772, TEL # 516- SouChold, N.Y. 11971 ·765-1896 PREPAKER/OWNEK: Howard H. Zehner 1670 Sage Blvd., P.O. Box 250 GreenporE, N.Y. 11944 COUNTY TAX MAP NO.: 1000-57-01-38.3 DATE: 9/25/96 Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ISSUED TO &/OO'"~' / DATE: .....11/21/97 H~)WARD .Z~HNER for BRTCK COYE MARINA Authorization Pursuant to the provlsJons of Chapter 6lB of the Laws of the State of New York, 1893: and C~epter 404 of the Laws of the State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLAC;ING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC; LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" end in eccordence with the Resolution of The Board adopted at a meeting held on . Z.1/1.8/92 19 .9.7, and in conslderefion of the sum of $ 150.00 . peld by HOWARD.~ZEH~F-~. for .BRICK COVE MARINA Of ...Greenport~t ............ N.Y. and subiect to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to place 104' of steel jetty bulkhead within 18" of the existing corroded one, and fill in erosion behind the bulkhead with 75 c.y. of approved channel maintenance dred all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board es of this dais. Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 November 21, 1997 Howard Zehner Brick Cove Marina P.O. Box 250 Greenport NY 11944 Re: SCTM ~57-1-38.3 Dear Mr. Zehner, The following action was taken by the Board of Town Trustees during its Regular Meeting held on November 18, 1997 regarding the above matter: ' WHEREAS, HOWARD ~R~ER, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated No~aber 12, 1996 and, WHEREAS, said application was referred to the Southol~ Town Conservation Advisory Couzlcil for their fim£lings and recommendations, and WHEREAS, a Public Hearing was held hy the Town Trustees with respect to said application on November 18, 1997, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the px~,ises in questiom and the surrounding area, and, WHEREAS, the Board has considered all the tes~%monlr and documentation submitted concerning this application, and,. WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southnl~Town Code, WHEREAS, the Board has determined that the project as D~u~o~ed will not affect the health, safety aha general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of HOWARD Z~ of Brick Cove Marina to place 104' of steel jetty bulkhead within 18" of the existing corroded one, and fill in erosion behind bul]cheadwith75 c.y. of approved channel maintenance dredging. BE IT FUR'~'M~K RESOLVED that this determ%nationshould not be considered a determination made for any other Department or Agency which may also have an application pena%ng for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six mo~ths of the date of this notification. Two inspections are required and the Tru~teesare to benotifie~ upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC ACE Dept. of State To: Southold Board of Town Trustees From: F. M. Flynn Re: Zehner Appllication to Install Bulkheading Date: November 18, 1997 The present Public Hearing is noticed as being for proposed constuct~on on SCTM Section 57, Block 1, Lot 38.3. ~ Such is not the case. Lot 38.3 is reputedly in the ownership of Howard Zehner. The area of proposed construction is some 145 feet distant from such property and is actually on land of the State of New York. Despite its manifold inaccuracies, the Tax Map is at least accurate as depicting the area of the jetty as removed from the tax roll by reason of its tax exempt status. The Trustees may have asked, or should have, by what feat of legerdemain does the applicant propose to erect structures on land of the State of New York at a point some 145 feet distant from land in his reputed ownership. Since November 13th, the Trustees have received a virtual deluge of new submissions from the applicant. Considering the intervenin ~g~veekend which resulted in a period of four working days, it is unlikely that the Board has had time for a thorough review of these submissions. In my opinion they are designed to confuse and obfuscate the basic issue involved. An understanding of these issues requires an understanding of the background of the existing jetty and the effects resulting from its construction. Historically, the applicant or his predecessor did, as the applicant has admitted, sink a barge on the land of the State of New York. Said barge was subsequently filled and partially bulkheaded. Not only did this action create the subject jetty, but it had the concomitant effect, as the records indicate,of blocking and diverting the natural, eastward littoral flow. This latter aspect of the situation should be of particular concern to the Trustees since, I believe, it comes within their purview. The present location of the jetty, aand the attendant blockage and diversion of the natural littoral flow, are clearly the result of deliberate encroachment by the owner, or his predecessor, on lands of the State of New York. Encroachment is defined as the entrance by stealth into the possessions of others; a form of trespass. As such, it is clearly illegal. Property rights cannot be secured by encroachment, appropriation or adverse possession on/or or. government property. It is obvious that the land involved here is that of the ~tate of New York. It is apparent that the applicant places much stock on the receipt of the New York State Office of General Services Permit No. LI~V 00150 97. ! am convinced the State was unaware of the history and background pertaining to this application and to the effects on the environment resulting therefrom. In ruling on this matter, the Trustees can now plead no such ignorance. As is so often the case in Southold, property owners act illegally and rely on subsequent approval by town agencies ignorant of, or professing to be ignorant of, the background of a matte/r to effectively bail them out. Approval of this application by this Board woult~ constitute the condoning of illegal actions and effectively reward the perpetrator thereof. The property description cited in the permit cites that ownership of the uplands fronting on the permit property is in the ownership of Howard H. Zehner and Dorothy Zehner pursuant to conveyance recorded in Deed book 11570, Page 568. There are serious discrepancies inherent in this description. The most readily demonstrable discrepancy is the question of the purported existence of upland fronting on the permit area and in the ownership of the applicant. The northwesterly line of the permit area, even as depicted on the most recent survey submitted by the applicant, shows a 103 ft. line fronting on the underwater land constituting the inlet area. The applicant owns no upland fronting on the permit area.. It appears that the ownership of contiguous upland is a prerequisite for permit approval.. Paragraph 7 in the Terms and Conditions of said permit is interpreted to mean that any land accreted to the west of the jetty area, resulting from its construction, is vested in the State of New York. This belies the description of the property incorporated in the Permit's legal description by which the southwesterly property line of the Permit area extends northhwesterly along lands owned by Southold Shores 89 ft. This 89 ft. course delineates the area to the west thereof which has accreted to the State of New York. It also effectively defines the original 40 ft. boundary of Lot 52 on the map of Southold Shores and the original MHWM of the Peconic Bay. The original MHWM defined the area of the natural littoral flow before it was blocked and diverted by the construction of the subject jetty. I return now to the question of the ownership of property purportedly conveyed to Howard H. Zehner and Dorothy J. Zehner pursuant to a conveyance recorded in Liber 11570 Page 568. I realize that it is difficult to comprehend legal descriptions presented verbally in a forum such as this. Therefor I shall confine myself to a brief description of the pertinent facts in the chain of title, more particularly those pertaining to Parcel 11 in the various deeds involved. Parcel 11 pertains to the property constituting the southwesterly spur projecting from the main parcel and its westerly prolongation to the 40 ft. course constituting the easterly line of Lot 52 on the Map of Southold Shores. Should the Trustees feel they lack the materials, or the qualifications, to plot the pertinent legal decriptions, I urgently recommend that they delegate the task to the Town Attorney.or other competent agency. It may be advisable that the Town Attorney be consulted on other material aspects of this matter as well.. The conveyance recited in the Permit as Liber 11570 Page 568 is a referee's deed to Howard and Dorothy Zehner who had been the mortgagees and former owners of the property. The legal description therein for Parcel II is the same as that previously incorporated in Liber 6826, Page 427, which was a conveyance from Fred Young to Howard Zehner. The metes and bounds description for Parce 1I in both deeds differs substantially, and one must conclude deliberately, from the property actually conveyed from Young to Zehner in Liber 6826, Page 427. It appears that the metes and bounds description has been contrived to coincide witth the present status of the property. Liber 6826 Page 427 actually constitutes the reconveyance of the same Parcel II property conveyed by the Sages to Fred Young by Liber 5217 Page 35. Liber 6826 Page 35 so states. The only fact on which all three descriptions agree is that the Point of Beginning is at the intersection of the southeasterly corner of Lot 52 and the HWM of the Peconic Bay and a first course that extends 40 ft. northwesterly to the southerly shore of the Sage Basin. This establishes that, prior to the illegal blockage and diversion created by the construction of the jetty, the natural eastward littoral flow it ran eastward from the said Point of Beginning. This contention j~ cc~firmed bv the Map of Propertv surveved bv Roderick Tuyl, P.C~a~m'°e~e~d~o~a~uary 9, 1990. ltpla~ces the~ HW~I at the Van southeasterly corner of said lot 52. Plotting of the actual legal description of the property conveyed by Sage to Young, and reconveyed from Young to Zehner in Liber 6827 Page 427, provides the reason for the subsequent changes in the legal descriptions. The second course in LIBER 5217, PAGE 35, runs 250 ft. northeasterly along the shore of the basin. This proves that this area was originally upland and the present inlet was created by excavating the original upland and dredging the underwater land. The third course extends due East through the waters of the basin to land of Fred Young. This course effectively locates the area of the original inlet: at the easterly end of the present spur. The inlet was subsequently filled and rip-rapped It should be noted that the westerly area of the present spur was severed by the inlet and was contiguous to Lot 52 on the Ma.p of Southold Shores. The fifth course conveys property, and I quote: "through the waters of said Peconic Bay about 80 ft;" It is, or should be, obvious that the waters of the Peconic Bay are the property of New York State. The sixth, and final course runs allong the ordinary high water mark to the Point of beginning. This p~'oves that the original HWM ran westerly to the Southeasterly corner of said 10~ 52 and that the illegal construction of the jetty blocked and diverted the ex~ting eastward littoral flow. The applicant and/or his predecessssor have displayed a disregard for the natural environment and treated it as if it were a personal fiefdom. Time does not permit the recitation of other actions taken by the applicant in defiance of permits which were, in themselves, highly quetionable. In conclusion, the applicant confidently expects the Board to reward him by issuing a permit which would, in effect, justify his actions. If justice is to be served, the existing jetty should be demolished, the property restored to its original character and dimensions, and the natural littoral flow restored. A sketch map of the permit property also depicting certain additional important factors to be considered, is appended. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim _response, SECTION I. (Department or Officer, if known, that has the information you are requ.esting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Signature of Applicant: Printed Name: ~-/~ ~ ~ JoO~-~{ ~- ~ ¥ ~ ~ Address: ~o~.~ -/~/~_A~O)v ~/~J~ Mailing Address (if different from above): Telephone Number: ~/~ - y~-~ Date: [ ] APPROVED [ ] DENIED* Judith T. Terry Freedom of Information Officer * If delayed or denied see reverse side for explanation. 1 .. 1997 Iown Cler 5ou[i Ol(l Date ANTHONY B. TOHILL M lC HAEL T. CLIFFORD OF COUNSEL Jk~XTTHONY g. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET P. O. BOX 1330 RIVERHEAD, NEW YORK ll~)Ol-OgO~3 =J 'llOS .-JO NMOj.] L/:" '--.5t ": '-'_ .0 ~ .,. r' TELEPHONE: (516) 727-8383 November 11, 1997 Ms. Diane Herbert Clerk, Town of Southold Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Application of Howard Zehner Dear Diane: With respect the application of Howard Zehner on the Trustees' calendar as No. 9 on the evening of November 18, 1997, please find enclosed an affidavit which I have prepared and which I request that you deliver to Albert J. Krupski, Jr., on or before November 18, 1997. This affidavit should be part of the record of proceedings in this matter. Very truly yours, Anthony B. Tohill ABT/bb i NOt'-07-i?9? 14:24 OGS-RPP&d 518 474 0011 P,02 OFFICE OF GENERAl. $11RVlCE$ LUW Pemfi~ No.~lr~g7 · ,DIV~ION OF LAND UTK~7~.TION PERMIT, FOR U~E 91('~'ATE.C:~,;'::~:) PROPERTY ~'-: .-..,~ ~ i,-E: Z~-.%;~, Howard H & Dorothy .."..',' -' / ,. / /| / LOCATION OF ~ROPE. K ~ 'r' TO BE USED: A ~ of lam~def' the w~ of the I~ec~i© Bay. wh / nm, thwe~Mrly 60'. thence southwesterly ~'. to the place of beginning. These land~ are located lit front of upland ·wned by the applicant, pursuant to Deed book 11570 Page 6U, situated in the Town of ~outhold, 8uffolk County. L 5. 6. ?. ~'m~ml i i ~u USE: Mi,,,w!,ince o[ a je~/and ¢ll~nnel. T--r. RM OF USE: 10 years DATE OF USE OR USE TO BEGIN: FFF: On the eftective date of this pelmit . END DATE: Issuance o~ Easement TERM8 AND CONDITIONS ADDRESS: NYS OttTce of General Services Bureau of Land Management 2,6th Floor, Tower Bldg. Empire ~tate Ptaza Albany. NY 12242 (Pt~se I~m mine m ml~ ~m) TOTAL P.02 TRUSTEES OF THE COMMONALITY OF THE TOWN OF SOUTHOLD In the Matter of the Application of : HOWARD ZEHNER for a Wetlands Permit. : November 18, 1997 Agenda Item 9 STATE OF NEW YORK ) : ss.: COUNTY OF SUFFOLK ) ANTHONY B. TOHILL, being duly sworn, deposes and says: 1. That he is the attorney for Howard Zehner of 1670 Sage Boulevard (SCTM 57-1-38.3) who has applied to the Trustees of the Commonality of the Town of Southold for a Wetlands Permit. 2. Annexed and made a part hereof is a copy of the following other permits: a. Permit of the Department of the Army Corps of Engineers dated February 28, 1997; b. Permit of the New York State Department of Environmental Conservation dated October 29, 1996; and c. Permit of the New York State Office of General Services Division of Land Utilization dated November 7, 1997. 3. Ownership of the land which is the location of the subject jetty and channel is claimed by The People of the State of New York who by the Office of General Services have granted to the Zehners Land Under Water Permit No. LUW 00150-97 to maintain a jetty and channel within the area described on the November 7, 1997 permit described in paragraph 2(c) above. Sworn to before me this llth d~b~.~ t Notary Public ANTHONY B. TOHILL DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JAGOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 February 28, 1997 Eastern Permits Section SUBJECT: Application No. 97-00880-L2 by Howard H. Zehner Howard H. Zehner Brick Cove Marina P.O. Box 250, Sage Boulevard Greenport, New York 11944 Dear Mr. Zehner: On January 24, 1997, the New York District, U.S. Army Corps of Engineers, received a request for Department of the Army authorization to replace 104 linear feet of interlocking steel sheet bulkhead within 18 inches of the existing bulkhead and dredge 75 cubic yards of material to a depth of' six feet below mean low water directly in front of the existing bulkhead to recover spillage to be placed behind the existing bulkhead. The site is in Sage Basin, Shelter Island Sound at the Village of Greenport, Town of Southold, Suffolk County, New York. Based on information submitted to this office, our review of the project indicates that an individual permit is not required. It appears that the activities within the jurisdiction of this office could be accomplished under Department of the Army Nationwide General Permit Number 3. The nationwide permit is prescribed in the December 13, 1996 Federal Register, Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits (61 FR 65874). The work may be performed without further authorization from this office provided the activity complies with the permit conditions listed'in Section B, No. 3, Section C, and any applicable regional conditions added by the State of New York, copies enclosed. The discharge of material into the waterway from bulkhead failure 'is being considered as an unauthorized discharge of fill material into waters of the United States under provisions of Section 40{ of the Clean Water Act {Title 33, U.S. Code Section 1344). In order to rectify this situation you are hereby directed to remove this material from the waterway and place it in a suitable upland area or behind the reconstructed bulkhead. Provision for this directive is set forth in Title 33 of the Code of Federal Regulations, Part 326.3 (b) . The material to be removed must be the same as that which was lost due to the bulkhead failure in order to obtain pre-existing bottom contours in front of the bulkhead. This determination covers only the work described in the submitted material. Any major changes in the project may require additional authorizations ~rom the New York District. Care should be taken so that construction materials, including debris, do not enter any waterway to become drift or pollution hazards. You are to contact the appropriate state and local government officials to ensure that the subject work is perfo~ed in compliance with their requirements. This verification is valid for a period of two years from the date of this letter, unless the Nationwide Permit is modified, suspended or revoked. This verification will remain valid for two years from the date of this letter if the activity complies with the terms of any subsequent modifications of the Nationwide Permit authorization. If the Nationwide Permits are suspended, revoked, or modified in such a way that the activity would no longer comply with the terms and conditions of a Nationwide Permit, and the proposed activity has commenced, or is under contract to commence, the permittee shall have 12 months from the date of such action to complete the activity. If any questions should arise concerning this matter, please contact Denise Butts, of my staff, at (212) 264-3913. Enclosures Sincerely, [ oa[aes W. Haggerty ef, Eastern Permits Section C~NAN-OP-RH ' DEgARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 NATIONWIDE PERMIT COMPLIANCE CERTIFICATION AND REPORT FO~ Permittee: Howard H. Zehner Permit No. 97-00880 Date Permit Issued: February 28, 1997 Location: Sa~e Basin, Shelter Island Sound at Villaqe of GreenDort, Town of Southold, Suffolk County, New York Within 30 days of the completion of the activity authorized by this permit and any mitigation required by the permit, si~n this certification and return it to the address at the bottom of this form. Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the address below or FAX to (212) 264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090 PROJECT: Brick Cove Marina Bulk- ~-~ Repair & Maint. Dredging DATUM: NGVD ADVENT PROPERTY OWNERS: Gouthold Shores Assoc., Inc. P.O. Box 772, TEL # 516- Souchold, N.Y. 11971 765-1896 PREPARER/OWNER: Howard H. Zehner 1670 Sage Blvd., P.O. Box 250 Greenport, N.Y. 11944 COUNTY TAX MAP NO.: 1000-57-01-38.3 DATE: 9/25/96 'DEC PEP, NiT Nr~DER ' 1-4T38-OO609/OOOOB FACILITY/PROGRAN NU/,'BER(S) TYPE OF PERMIT B New Under the Environmental Conservation Law DEPARTMENT OF ENVIRONMENTAL CONSERVATION~ I-- EFFECTIVE DATE October 29, 1996 EXPIRATI~ DATE(S) Octet 31, 1~ 0 RenewaL O Modification § Permit to Construct O Permit to Operate ! ri D ri Article 15, TitLe 5: Protection of Waters ArticLe 15, TitLe 15: Water Supply Article 15, Title 15: Hater Transport ArticLe 15, TitLe 15: Long island HeLLs ArticLe 15, Title 27: gild, Scenic and Recreational Rivers 8 6NYCRR 608: Hater OuaLity D Certification ri Article 17, TitLes ?, 8: SPDES ri D Article 19: Air PoLLution Controt O ri ArticLe 23, TitLe 2?: M~ned Land Reclamation ri D ArticLe 24: Freshwater HetLands D ! ArticLe 25: Tidal WetLands ArticLe 27, TitLe 7; 6NYCRR 360: SoLid Haste Management ArticLe 27, TitLe 9; 6NYCRR 37'5: Hazardous Haste Management ArticLe 34: CoastaL Erosion Management ArticLe 36: floodplain Management 6NYCRR 380: Radiation Control Other: · PERMIT ISSUED TO TELEPNONE NUMBER Howard H. Zehner (516) 477-9556 ADDRESS OF PERMLTTEE P.O. 8ox 250 Greer~oortf NY 11944 CONTACT PERSOM FOR PERMITTED ~RK TELEPBONE NUMBER Saale as above NAME AND ~ORESS DF PROJECT/FACILITY Zehner Property Brick Cove Marina LOCATION OF PROJECT/FACILITY 1670 Sage BLvd. Greenport CC~NTY I TOUN Suffolk Southo[d DESCRIPTION OF AUTHORIZED ACTIVITY WATERCOURSE I MYTH COORDINATES Southo[d Bay Construct within 18 inches, 104 Linear feet of interlocking steel botkhead. Maintenance dredge a 20 foot by 200 foot portion of the channel to -6 NLH. ResuLtant 75 cubic yards of dredge omteria[ shaLL be placed Landward of bulkheed. ALI work shaLL be done as shown on the attached plans prepared by Howard B. Zehner dated September 25, 1996 and stamped ~YSDEC approved on October 24, 1996. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict con~Liance with the ECL, aLL appLicabLe regulations, the Genera[ Conditions specified (see page 2) and any Special Conditions included as part of this permit. DEPUTY REGIONAL PERMIT ADMLNISTRA- I ADDRESS TOR: I Chdi~]es T. HBI11~]~orl BLdg. 40, SUNY, Room 219, Stony Brook, NY 11~0-2'~56 AUTHOR[ ZED~0. ~} ,'"~'"-" SIGNATURE i~~~ DATE ~,--~ I · October 29, 1996 Page 1 of 5 ~ 03',DITIO'~ 1. ~ permitted site or f.acilit¥,' including relevant records, is subject to in- spection at 'reasonable hours and intervals by an authorized representative of the Deparl~nt of Envirc,',',untal Ccmservation (the Depar~,~nt) to determineI ~J~ether the permittee is Cu~plying with this permit and the R'~. Such re0resen-i tative rray order the v~3rk suspended pursuant to R~ 71-0301 and ,~PA 401(3). A coFy of this permit, including all referenced maps, draNings and special conditions, mJst be available for inspection by the Depar~',~nt at all rifles at the project site. Failure to produce a copy of the permit upon request by a Oepar~,~nt representative is a violation of this pen"nit. Pom~it ~ and Retells 2. The Deparb,~nt reserves the r~ght to m3dify, suspend or revoke this pam~it a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the R-~ and pertinent regula- tions is found; b) .the permit ~as obtained by misrepresentation or failure to disclose relevant facts; c) r~vrmterial inforrmtion is discovered; or ~ d) envirc~.=ntal conditions, relevant technology, or al~licable lan or regulation have material Iy changed since the permit v~s issued. 3. The permittee trust sub-nit a separate written application to the Daparbl~nt for rane~al, rn3dification or transfer of this permit. Such application nrust include any fo,~, f..ees or supplu~ental info~*,~tion the Depar-u~nt requires. A~y renewal, n'odif~cation or transfer granted by the Deperb,unt rrust be in writing. 4. The permittee mJst sub'nit a rene~el application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination Syste3~ (S=EES), Hazardous V~bste Manacj~nt Facilities (k1~l=), major Air POI lution Control (A.c~) and Sol id Wbste IVenagaTent Facilities (E/~F); and b} 30 days before expiration of all other permit types. 5. i. hless expressly provided for by the Deparbi=nt, issuance of this penmit does not m3clify, supersede or rescind any order or determination perviously issued by the Deparb',unt or any of the ten~, conditions or requiru,,-nts contained in such order or determination. Other 6. Ye Legal C:bl igations of Pear, tree The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all d=~uges, direct or indirect, of ~atever nature and by v~u,=ver suffered, arising 'out of the project described in this permit and has agreed to indeTnify and save harmless the State fr~n suits, actions, da,ages and costs of every na,u and description resulting frrm this project. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted ~ork nor does it authorize the in~ai.~unt of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands eased=nfs and rights-of-v~y that ,u¥ be required for this project. Page 2 of :~ ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 [[itle 5), 24, 25, 34 and 6 NYCRR Part 608 [ 9 That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if. in the opinion of lhe Department of Environmental Conservation 13 il shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or deslruction of the natural resources of the State. the owner may he ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby wdhout expense to the State. and if. upon the expiration or 14 revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- 15 pleted, the owners, shall, without expense to the State. and to such extent and m such time and manner as the Department of Environmental Conservation may reqmre, ~emove all or any portion of the uncompleted structure or fill and restore to ~ts former condition the navigable and flood capacity of the watercourse No claim shall be made against the State of New York on account of any such removal or alteration 10 Thai the State of New York shall in'no case be liable for any damage 16 or iniury to the slmctufe or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of nawgation, or for other purposes, and '. no claim or right to compensation shall accrue from any such damage 11 Granting of this permit does not relieve the applicant of the responsi- 17 bilit¥ of obtaining any other permission, con~ent or approval from the U.S Army Corps of Engineers, U S Coast Guard, New York State Office of General Services or local government which may he required ol any welland or watery, ay by suspended solids, sediments, lue~, Tidal Wetland ) other env.ronmentally deleterious materials associated with the project Any material dredged in the prosecution of the work herein permdted shall be removed evenly, w~thout leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navig.~tion by the work herein authorized. If upon the expiration or revocation of this permit, the pro~ect hereby authorized has not been completed, the applicant shall, w~thout expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fdl and restore the sde to its former condition No claim shall be made against the State of New York on account of any such removal or alteration If granted under 6 NYCRR Part 60g. the NYS Department of Environ- mental Conservabon here~)y ce~tdies that the subject proiect wdl not contravene effluent limitations or other limitations or standards under Sections 301. 302. 303. 306 and 307 oI lhe Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the apphcant or his agent as part ol the permit application. Su[-h aPl;roved pJans wer£. prepared by Howard H. Zehner on 9/25/96 NYSDEC a_npro~ed 1N/2a/96 SPECIAL CONDITIONS o Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. Ail fill shall consist of "clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris). No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. Ail peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. The new bulkhead shall be constructed within a maximum of 18" seaward of the structure, measured from face of old sheathing to face of new sheathing (as shown on the approved x-section). Bulkhead constructed directly adjacent to vegetated tidal wetlands shall be jetted in with no disturbance to the tidal wetland. Trenching is strictly prohibited. 1-4738-00609/00008 Page 3 of__ 5 For Article 25 I' SPECIAL CONDITIONS Tidal Wetland There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or adjacent area. The backfill area shall be planted with beachgrass on 12" centers and the applicant shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the applicant shall re-evaluate the restoration project in order to determine how to meet the mitigation goal and submit plans to be approved to the Bureau of Marine Habitat Protection, Building 40 SUNY, Stony Brook, NY 11790-2356. Ail dredged material shall be disposed on an approved upland site and be retained so as to not re-enter any water body, tidal wetland or protected buffer area. .10. During the dredging operation, the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. DredGinG shall be accomplished with a clam shell or other closed "bucket" equipment. 11. Excavated sediments shall be placed directly into the approved disposal site or conveyance vehicle. No sidecasting (double dipping)' or temporary storage of dredge material is authorized. 12. Dredging is prohibited from June 1 - September 30 of each year to protect spawning shellfish and/or spawninG finfish. 13. Ail side slopes of the dredged channel shall have a maximum of 1:3 slope. 14. The use of a dragline for dredging is strictly prohibited. 15. Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the Department. 16. For maintenance dredginG projects, permittee shall submit a Notice of Commencement prior to each dredginG occurrence, specifying the ~isposal site (includinG an updated'site plan). Upon completion, a Notice of Completion specifying the amount of dredged material deposited at the approved disposal site must be submitted. Supplementary Special Conditions 1-4738-00609/00008 EACILITYIDNUMBER PROGRAMNUMBER (A) through (F) attached I Pal~e 4 of :~ SUPPLEMENTAR~ S~EC~AL CORDITIO~,U The following conditions apply to all Tidal Wetlands; Freshwater Netla~ds; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits= Ae A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The per, it sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special,-and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the ~nvironmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. Ce If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertakina any modifications. The permittee is advised-th~% substantial modification may require submission of a new application for permit. Uw At least 48 ho~rs prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form cer%ifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to re¢ommencing work in subsequent years. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, ~pire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00609/00008 Page 5 of 5 ~PP~OV~D ~%$ PER TERMS ./. · ' PLAN e,~es~wew' .... ' ~' ~-.ll ~ .......... I~~r''~'~t-' ' ' ( ~'~ ~ ~- ~'~'~,o~. ~ · ~. ' / -- ~-.4 ~:-:.~ '"7...',7"F~ ~1 . . r~ ~'~ ~ ~ ~ '1-~f ~ ~0~ ~: ..'~1 ~11 --~.~.~ II1~' ~ . I ~ ~.:.._ ~,.~' ~~ .,~T~. L~[~: ~1 'PROJE~. Br~ck Cove Marzna Bulk- ' ~M~A sc~.'l ' ~ ~ ~,,gepair & MainE. Dredging " "~ DATUM; NGVD . PREPARER/OWNER: Howard H. ' Zehner '" ,[ ~3ACENT PROPERTY OWNERS. ' ''' 1670 Sa~e Blvd. P.O. Box 250 ~.[ o~ ~ ~es Asso~ {n~. , ' Greenpo~t, N.Y.' 11944 ~'! ~.0. Box 7/2t .~_~rEL_t~ J2o- COUNTY TAX MAP NO.: 1900-57-01-38.3 .~ ~ia, ~ ii97i 765-i.896 . ~z; 9/2~/96 Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 $OUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the Southold Town Conservation Advisory Council meeting held Wednesday, ' November 13, 1996 the following recommendation was made: No. 1388 Moved by Bruce Loucka, seconded by Betty Wells, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of BRICK COVE MARINA by HOWARD ZEflNER 57-1-38.3 to place 104 feet of steel jetty bulkhead within 18" of the existing corroded steel bulkhead, dredge 75 c.y. to below 6' of MLW and use spoil to replenish behind bulkhead. 1670 Sage Blvd., Creenport Vote of Council: Ayes: All Motion carried. New York State Depa,b,,ent of Environmental Conservation Building 40 o SUNY, Stony Brook, New York 11790-2_356 Telephone (516) ~a.~ 0365 Facsimile (516) 444-0373 OL J October 29, 1996 Michaal D. Zagata Commissioner Mr. Howard H. Zehner P.O. Box 250 Greenport, NY 11944 RE: 1-4738-00609/00008 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementinG regulations (6NYCRR, Part 621) we are enclosinG your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Charles T. Hamilton Permit Administrator CTH:cg enclosure DEC PERMIT NUMBER 1-4T58-00609/00008 FACILITY/PROGRAM NUMBER(S) NEW YORK STOEPARTNENT PE'k LT Under the Environmental Conservation Law OF ENVIRONMENTAL CONSERVATION EFFECTIVE DATE October 29, 1996 EXPIRATION DATE(S) October 31, 1~9 -I TYPE OF PERMIT m New rl Renewal D Modification E} Permit to Construct D Permit to Operate O O O O Article 1501Title 5: Protection of Waters I Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: WiLd, Scenic and Recreational Rivers · 6NYCRR 608: Water Quality Certification Article I?, Titles 7, 8: SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation 0 Article 24: Freshwater Wetlands m Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Manag~nt Article 27, Title 9; 6NYCRR 573: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management Articles 1, 3, 17, 19, 2?, 3?; 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO TELEPHONE NUMBER Howard H. Zehner (516) 47T-9556 ADDRESS OF PERMITTEE P.O. Box 250 Greenportr NY 119&4 CONTACT PERSON FOR PERNITTEO WORK TELEPHONE NUMBER Same as above NA~4E AND ADDRESS OF PROJECT/FACLLITY Zehner Property Brick Cove Marina LOCATION OF PROJECT/FACILITY 1670 Sage Blvd. Greenport COUNTY Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIV[TY IWATERCOURSE Sage Basin Inlet from Southotd Bay NYTM COORDINATES Construct within 18 inches, 104 Linear feet of interlocking steel bulkhead. Maintenance dredge a 20 foot by 200 foot portion of the channel to -6 MLW. Resultant 75 cubic yards of dredge material shall be placed landward of bulkhead. All work shall be done as shown on the attached plans prepared by Howard H. Zehner dated September 25, 1996 and stamped ~YSDEC approved on October 24, 1996. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict co~oLiance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Coeditions incLucted as part of this permit. DEPUTY REGIONAL PERMIT ADMINISTRA~ ADDRESS TORt Cha[']es T. ltallliltolq Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356 Page 1 of 5 APPROVED A~ PER TERM$ PROOE£~ N VICINITY I~P ~ I . , I ~ PROJECT: Brick Cove Marina Bulk- ~-~pair & Maine. Dredging NGVD .o~.~hENT PROPERTY OWNERS: old Shores Assoc., Inc BOX 772, TEL # 5~6- ~ouchold, N.Y. 11971 765-1896 PREPARER/OWNER: Howard H.'Zehner 1670 Sage Blvd., P.O. Box 250 Greenport, N.Y. 11944 COUNTY TAX MAP NO.: lg00-57-01-38.3 DATE: 9/25f96 T Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 TO: HOWARD ZEHNER of BRICK COVR MA~TNA Please be advised that your application, dated On~nh~ 24, has bee reviewed by this Board, at the regular meeting of and the following action was taken: I ) ApPl~e~low) )_A~g~ication Tabled. (See below) ]996 · ~ you =~=ii-ati_n i~ =m~uv=d =~ no=e= a~=, a permiL fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth int he sintruction sheet. The following fee must be paid within 90 days or reapplication including fees will he necessary. COMMENTS AND REMARKS: Application Pendin~ COMPUTATION OF PERMIT TOTAL FEES DUE: $ 150:00 SIGNED: PRESIDENT, BOARD OF TRUSTEES CLERK, .~gARD' TOWN TRUSTEES App~cation Fee for Wetland Permit: $150.00 NOV I 2 Igg6 6/95 OWN OF SOUTHOLD October 23, 1996 Encl: Board of Southold Town Trustees Town Hall 53095 Main Road, P.O. Box 1179 Southold, N.Y. 11971 Dear Members: Enclosed are the application and associated documents you require to issue a permit for the proposed work project. The steel bulkheaded jetty which protects the inlet to Sage Basin from Southold Bay has rusted through above and below mean low water such that erosion through these holes has been deposited in the adjoining channel by storms and the west to east littoral drift. Only the southern portion of the jetty has been affected. It is proposed to drive steel bulkhead within 18 inches of the existing steel bulkhead and dredge the adjoining channel by clamshell bucket from the jetty to replenish the fill lost behind the bulkhead. The protected channel is used by 138 boat slips at Brick Cove Marina and 25 private boat slips within Sage Basin. Myself, as owner of Brick Cove Marina, will perform this work effort at no cost to others. Attached are copies of previous permits received from the Army Corp of Engineers and NYS D.E.C., which relate to the jetty bulkhead and maintenance dredging of the adjoining channel. A copy of the D.E.C./Army Corp receipt of complete application is attached which indicates "A Minor Project .... that will not have a significant impact on the environment." Very truly yours, Howard H. Ze ne~r, P.E. (Owner, Brick Cove Marina) P.O. Box 250 Greenport, N.Y. 11944 Tel: 516 477-9556 1 Cover Page & Location Map, plus 2 copies 1 Board of Trustees Application, plus 2 copies 1 Application - General Data with Work Sketch, plus 2 copies 1 Application - Wetlands/Trustee Lands, reference only, plus 2 copies 1 Short Environmental Assessment Form, plus 2 copies 1 Application Notarization Form 1 Copy of D.E.C./Army Corp Notice of Complete application 1 Set Previous Pertinent Permits 3 Surveys with Proposed Work Markup 1 Copy of Project Photos Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 4~68 DATE: ..]~Z/Z].193 ISSUED TO BRICK .C.OYE. MARINA ... Pursuant fo the provisions the State of New York, 1893; and Chapter 404 of {'he Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on L2./21/.93. 19. 93, and in consideration of the sum of $ 150...00 paid by t-IO~/ARD .ZEHNER..o£ Brick Cove Mazina ....................... of ........ GR~ENPORT ............. N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes ~d .permit~.the ~Ooll~c~ 3 Modernize & improve operations ~rom ~ ooat snps slips incl. fuel dock, work boat slip & serv. slip,improve areas, landscape, install & maintain marina head pump-out fac. ,aved washdown platform with sediment & oil separation system, ~v~tem f~r ~arking area,, relocate ea specmca~ons as-presenTea ~n the originating application. & improve exist, on-szte sanita~r sys dredge 2900 cy, 350 cy of slope sredging, approx. 550 cy at entrance tolN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this da~,e. · ~, SUBJECT tol tt he itio s. marina TRUSTEES John M. Bredemeyer. III. President Albert J. Krupslfi, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (5/6) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box [179 Southold,.New York 11971 December 22, 1993 Mr. Merlon Wiggin Peconic Associates 1 Bootleg Alley P.O. Box 672 Greenport NY 11944 Re: SCTM #57-1-38.3 Dear Mr. Wiggin: The following action was taken by the Board of Trustees at their Special Meeting of December 21, 1993: WHEREAS, the owner of Brick Cove Marina ("Applicant") has proposed to modernize and improve marina operations from 91 previous boat slips to 138 boat slips and three ancillary boat slips including fuel dock, work boat slip and service slip on a site formally known as Young's Marina, 12.5 acres in size of which 4.2 acres are owned underwater lands, improve parking areas, landscape, install and maintain a marina head pump-out facility, install a paved washdown platform with sediment and oil separation system, install a storm drain interception system for parking area, relocate and improve an existin~ on-site sanitary system, and dredge 2900 cubic yards 350 cubic yards of slope dredging,.and approximately 550 cubic yards at the basin entrance to the marina inside the basin ("Action"); AND WHEREAS, the Board of Trustees as an operating entity was created over 315 years ago to help manage the Town's common natural resources and has been empowered to regulate wetlands pursuant to Chapter 97 of the Town Code; AND WHEREAS, THE Board of Trustees has assumed Lead Agency pursuant to the provisions in the State Environmental Quality Review Act ("SEQRA") and are familiar with the Action, site conditions and the surrounding environment; AND WHEREAS, the Board of Trustees received a Draft Environmental Impact Statement ("DEIS") for the Action and deemed it complete on September 30, 1993; AND WHEREAS, the Board of Trustees held a public hearing on October 28, 1993 and accepted a Final Environmental Impact Statement ("FEIS") on December 6, 1993 which addressed all comments raised in connection with the Action and the DEIS; AND WHEREAS, the Board of Trustees have considered the Environmental Impact Statement and the required Findings Statement; NOW BE IT RESOLVED, that the Board of Trustees find that the requirements set forth in SEQRA and Chapter 44 of the Town Code have been satisfied; AND BE IT FURTHER RESOLVED, that the Board of trustees find the Action to be consistent with the social, economic and other essential considerations from among the reasonable alternatives in m~-~mizing or avoiding adverse environmental effects to the maximum extent practicable, AND BE IT FURTHER RESOLVED, that the Board of Trustee find the adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision, those mitigation measures which were identified as practicable, AND BE IT FURTHER ~ESOLVED, that the Action is consistent with the standards of Chapter 97 of the Town Code, and will not substantially affect the wetlands of the Town, substantially and adversely effect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitats thereof and otherwise not substantially and adversely affect the health, safety and general welfare of the people of the town, AND BE IT FURTHER RESOLVED, that the Board of Trustees approve the Finding Statement prepared for the Action and file such Finding Statement with the Commissioner of the NYSDEC for publication in the Environmental New Bulletin; AND BE IT FURTHER RESOLVED, that the Action is hereby approved subject to the following conditions: 1. Lateral movement of residual spoil shall be controlled by the placement of hay bales placed end to end and firmly stake~ into place along the boundaries of the "Temporary Spoil Disposal and Dewatering Location" as designated on the survey prepared by Peconic Surveyors, P.C., last amended August 10, 1993 ("Survey"). Such hay bales shall remain in place until landscaping is completed. 2. A row of hay bales placed end to end and staked into place :shall be placed along the seaward boundary of the proposed storm drain interception system water except where it crosses the asphalt ramp and washdown platform. The hay bales shall remain in place until the parking areas, storm drain interception system are constructed and the landscaping is completed. 3. The stormwater interception system and washdown platform shall be constructed in accordance with the Survey. 4. Ail power washing of boat bottoms shall be limited to the washdown platform as depicted on the Survey. 5. The washdown collection system shall be periodically maintained and accumulated materials shall be disposed at a suitable upland location. 6. Ail septic leaching systems within 75 feet of wetlands as identified on the survey shall be relocated outside of 75 feet from same. 7. Ail proposed landscaping except turf with 75 feet of mean high water shall be of species native or near-native to Long Island as to preclude the need for regular fertilizer or biocide application. All turf shall be of fescue or similar low maintenance variety. 8.' The marina shall continue to provide clean restrooms available 24 hours a day for the use of marina patrons. 9. A boat pump-out facility shall be maintained for the collection of boat wastes for the use of all boaters docked at Brick Cove Marina and vessels coming to same. The marina may charge a fee for the use of the pump-out facility as to cover its costs of purchase and operation. 10. Ail boats docked at the marina having fixed installed toilets shall also be equipped with holding tanks which permit the collection and pump-out of boater wastes. 11. Ail seacocks of sanitary system "Y" valves shall be in closed position and sealed by means of suitable tag or device. 12. Logs shall be maintained of use of the pump-out facility and shall indicate for each boat and owner having been serviced: the date of pump-out, name of employee.servicing pump-out, the vessel registration number, the volume of pump-out, and "Y" valve seal date. 13. Logs shall be made available to the Board of Trustees, Bay Constable and any federal, state or local public health, environmental or building code enforcement official requesting same on any unannounced inspection. ~14. Collected boat wastes shall be disposed at the scavenger treatment plant, or in the septic system on site. The marina shall maintain records including receipts from treatment plants is mppz'opriace, or date and volume of pump-out if disposed in an on-site septic system. 15. The Applicant shall install an osprey nesting platform at the 9.0 foot spot elevation at the southwest terminus of the peninsula adjacent to the channel entrance to the marina (designated as 9.0 on the Survey) in accordance with the attached plans and specifications. 16. Specific language in the leases of prospective marina patrons shall include provisions to control engine noise with m~fflers and secure all loose halyards with proper tie offs or face loss of marina privileges. 17. Docks proposed as the innovative floating design shall be maintained with the same functional attributes as described in the Environmental Impact Statement for this proposed project. 18. There shall not be more than 138 boats on the site excluding the temporary docking of a boat at a service slip or fuel slip, work boats, prams, dinghies or unmotorized row boats. 19. Only "non-toxic" anti-freeze shall be used on site. 20. Inspections pursuant to Chapter 97 and this permit shall be performed by the Board of Trustees or Bay Constable upon 24-48 hours notice at a cost not to exceed $280.00 for: a. Installation of hay bales as Permit Condition $1 and $2 (2 inspections). b. Installation or construction of stormwater interception system and washdown platform (1 inspection). c. Removal of septic system within 75 feet of wetlands and construction of septic system beyond 75 feet from wetlands (2 inspections). d. Inspection of Logs (2 inspections). · e. Construction of the Osprey Nesting Platform (1 inspection). 21. The Board of Trustees at its discretion may annually charge the Marina for one inspection at the prevailing inspection fee rate in order to offset ongoing expenses to the Town in monitoring the pump-out compliance requirement of this permit. 22. A copy of these permit conditions shall be posted on site. Vote of the Board, ALL AY]ES. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bredemeyer, III President, Board of Trustees Aaichl '15. Title 3; 6NYCRR 327, Proloctio~ DJ Wator ~:~. , j ~icl. 15, Till, 15: W~tor .,, ,.-I W~i~r Tr~nspo~ .... I ~cle 1~. Titl~ 15: ~ ..... / ~iclo 1~. Ti~J 21: ~.' ..... J Wild, ~C~i~ PERMIT Mov. 8. 198g May 31, 1994 §NYCRR §08: Water Duality C,wtihcation Article 17. Titles 7, 8: SPDES -- Article 19: __ Air Poliulion Control' Article 23, Tiile 27: , Mined Land Reclamation -- Article 24: __ Freshwater Wetlands N--New, R--Renewal, M--Modification, ~ C--Conslrucl ('only), O--Operale ('only) I I Arhcle 25: . I'ioal WellanOs Article 27, T~IIo 7; 6NYCRR · Solid Waste Mana§em~nt' Amclo 27, Title 9; 6NYCRR 373: ~ A~icle 34: ~ A~Jcle 36: A~kles 1. 3, 11. 1~, ~1, 3?: 6NYOB~ 380: ~ai~ion Younglo Boacyard & Marina (Howard H. Zehner) " P.O.~ox 250, Sago ~lvd., Greanporc: NY 11944 · '.' ~ago's ~astn, 1370 Sage Rd. "./'bulkhead and dredge 20' x 200' area tn entrance channel Co 61 below mean low '---~'~"t~&~¢a-apO~ on upland landward Of bulkhead. ~'. ~aF: ~[; ggcon~Cruc~ and expand marina from 91 slips to 138 slips; construct new $~-~a~p&-a~d-GaCwa[~, Dredge 2900~ cubic yards macer~al from shoal areas wich~m marina .~,~;O-P~-[m ~Cco:danco vita attached plans aC~ped approved by NYSDEC. with &he ICL, all applic,~ble fe&ul,~liud~ and (he condiliom spccilicd herein or all,ached hotels. · . '" ,~ ii.,',, ',.. - " ~ n ....,.. Young'~ ttartnaPTO. Box 2~0, Greenport, New York 11944 F. -,',~-'w'w'v.-'-~ ..... (516) 477-0830) "~x'H~ _ 15516 ' ! b,~t,PU~. -~.Y _n~<~',~rt.-cn"?~ of Engineers (Publlc NotJce No, 13262-87-137~-L2) .. .V. *'U~I O~'~'l~(m ~ ~ &PP~°i~iate diaUict or dJviaion office of the Corpa of Engineer~ having jurisdiction over t~a :. (lel~i~l~[,~ ~ I~pr~l* a[f~!'~ n~ I~t o~f~e aet~g under the authorify of the comma~cUng officer. ¥#~ ~ll~q~d ~ ~ wink ia amcordaace Wi~b the rem= end condition, apecified below. r.~.~.... ... ~:'"*'~'~h~n:4aal'lv'"dredoe,'with ten veers ma..intenance, 2900 cubic.yet, dS ,' -,-- ......... - ..... * * ' ' basin :, .of, matarla~ from several shoaled_iLneas wlth!n an ex~stjn9 b..oat. . : [.' .'tO a 'death of § feet below mean low j~ater w~th disposa~ of cna oreogeo [t~.~ .iRa&aria.,] fram 1~11;Ia1 and subsequent dredging actlvttles ~a.t, an adjacent I~,.upland area where It w111 be sultably retained from re entering the '* wal;e~waY, h.AlsQ auth0rlzed is the removal of several existing p~er ,.,.aa~emblle$'~nd their replacement ~ith four new pier assemblies to ~=....*=pr~ivl~e f0~' a maxlmum of 138 ~11ps of various sizes. All work shall ',%. ,',.be*performed in accordance with ,the attached dra~ings. I-.., !... ~.,.~-~,..?., ............. .. [. ..,.';t'~,l.,x~,m,~.'. IN: Sage Basin, Shelter Island Sound I ~.H.t co~.o~: , . ?. '~:'Tlae ~ I~gd~ ~r ~mpletio~ the work anthori~cd end" onN°vember 1, 1992 . If ~ou find tho& yon ,*ed .,.. ,,,.. ,,, ..,.,,,.,. ,,., ..,,,o,,.,,d act,v,,,,, ,o.r , ue,t to t.h,. :..o,..;W,%"nn u, ,u.& '.,. ' ~ mo~ t~o~e ~ above ~e a re~hed. Maintenance dredg~ n9 ann a~ sposal acc] w ~ ~ '"'; authorized un&ilar;ember.I, ~ [:' ~, ~0~ j~u~f, i~am~in ~' ' .i~ permit in good condition and in conformance with the term~ and cond~- "' '" ~ '9~ ~ ~efl.~ YOU a~'e not relieved of ~ia rcqmrcmant if you abandon the permitted activity, aithough you may ii. ·: & ~OO~ ~"ilk, t~tger ~o · ~hkd patty in compl~nCo wi~ General Condition 4 below. Should you wiah ~o cease ~ :," I~l lut~O~J~ ~'ivity or ~hnuld you de~ira to abandon it without a good faith transfer, you muat obtain a modification of ~ ~mz~t ~ ~ O~e, which may require teatorat',on of tho area. ~, ~ ~f~k~ ~Mr-O¥~g I~Y ptevio~¥ unknown h~a~.oric or archeulogicai romaine while accompii~hin~ the activity &u~aodz~d ttde ~.'afi~ you I~u~t immaaia~ly notify ~hia 'office of w~'~t you have found. We will initiate the Federal and ateto coora!'x- . ~oa ~q~t to del~r~xe if d~ romaine warrant a recovery offort or if the atto ~ eligible for Il-ting in the Natiomd of ~iatodc Proem.., :" F~KZ FORM 1791, I~v ~ 2OlTION OF :~EP B2 I$ OeSOkETe. (33 CFa 320-330~ 114~i-g-303b (Shelter I~land Sound - tloward Zehner, dredge with upland disposal, piers, ramps, floats, pilings) DEPARTMENT OF THI~ ARMY YORK DI~,TRICT (~ORP~ OF ~NOIN~R~ JAOOO K. JAVITO F~DERAL BUILDINO NEW yORK. N.Y. 10278-0080 'JAN 1 .t 13~0 remain in e~ec[. [Ongtb, Where it will be suitably retained irom reentoring the WatOrWaY. This letter and enclosed drawing are to be attached ko ~b0 orlg~n~[ perai~ to ~eilect thi~ modilication, .' ~be original conditions to which the authorized wo~ was ~ade Ralph 'M. ~,~nielson XC~ol~>nel, Corps o~ Engineers District Enginee~ ¥ou~g,O ~arina : C/O ~r. ~erlo~ giggin~ Ph.D., -~";~:''PeCO~lC ~sociates ~L',:i".', g~vtFor~ental Pla~mers and Consultants 'i,,,~':.. P.O. ao~ 67z .'. ' ~n accor~ce uitn the provisions of section z0 of the ,.,,, r:/. ~ ~r~O~ ~C~ o~ X899 (33 USC 403) ~ Section 404 o~ the ~: /,.W~Or ~ (33 USC 1344) you were issued Department oi the Army t .....' ~ogmt~ No. 15516 by Zhe'DZ~tric~ Engineer on October 6, X989. ;. ~.'::" pegmt~ ~u~ortzed you ro recOn~igure and exp~d your moorZn9 ~.~;,..,..,~QC~O~ In ~ago B~sln, ~olte~ Xsland ~ound at Soul,old, ~ug~o~ . ,. · .T~O ~ove permit is hereby specifically modified to ~ClUd~ .'~,-. ~%.'~g, ~th ~e~ years mainten~e, of 100 c~ic yards of material ,~ · >' .~ ~O~t~ Sag~ Basih entr~c~. The material will be disused of of t~e ~asin entr~ce behino a retaining wall measuring 45 ~ee& !~;'? !"~'~;]!1 conspicuously'displayed at t~e ~site of,~rk~? '" :' ~.~,':~ , ., · ..,. - . ?: : '. and ~nstall piers, ra~s, afltngs ~ Sage ~si,, ' ' '~'~;' Addreaa of Per~l~ee P.3. ~ox ~o, G~enpo~'t, ~etv York 11944 ',; DEPARTMENT OF THE ARMY '- CORPS OF ENGINEERS NOTICE DF AUTitORIZATION 28 ~,~'~hi9 78 ON 28 ~a=cb. 19 78 · THIS NOTICE BUST RE CONSPICUOUSLY OISPLAYEO AT TOE SITE OF WORR. Albert J. Krupski, President John Holzap~el, Vice President Jim King Martin H. G,qu-rell Peter V/enczel BOARD OF ri'OWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 .M~fin Road P.O. Box [ 179 Southold. New York 1197l Telephone (516/705- 1892 Fax 15lo~ 705-1823 office Use OnlF __~wOaStal Erosion Permit Applicanion etland Permit Application Grandfather Permit Application ~e Waiver/Amendment/Cha~ge~ ~-~ved Application: Received Fee:$ ! o~pleted Application nuomplete~-h~ Ty_SEQRA Classification: e I ~e II~ Unlisted ~ ~oor~i~tion:(d~s~t~ ' ~--CAC Referral Sent: "~Date of Inspection: '--Receipt of CAC Report% ' Lead Agency Determination: -T~chnical Review: ,, N~ne of Applicant ~o~,~ Address Phone N=ntber: (~lA) ~7 7 - gJ~& Suffolk County Tax Map Number: 1000 -- ~7-oi- ~,l{ {provide LILCO Pole $, distance to cross streets, and location) (If applicable) Phone: F~<~: of Trustees Applicati¢ Land Area Area Zoning: Previous use of property: Intended use of property: GENERAL DATA (in square feet): ~o'~ ~ [ {~rr Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): L~C^TIO~ MAF~ ; ,, 'KEY' MAP $cal~ 1"-= 600'~ .,,, BAY P~O~C~ PROJECT; Brick Cove Marina Bulk- ~'~r-~pair & Maine. Dredging )ATUM; NGVD ~-~ENT PROPERTY OWNER~: 3~ghold ShorEs Assoc., Inc. ~,0. ~ox 772, TEL ~ 516- ~ou~holJ,~ N.Y. 11971 765-1896 PREPARER/OWNER: Howard H. Zehner 1670 Sage Blvd., P.O. Box 250 Greenport, N.Y. 11944 COUNTY TAX MAP NO.: 1000-57-01-38.3 DATE: 9725~9~ 617,2t Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) APPLICANT ~ Howard H. Zehner, Owner I = ~cT~ooano~: Brick Cove Marina(Nee Youn~'s Boatvard & Marina) Brick Cove Marina (Sage Basin entrance from Southold Bay), 1670 Sage Blvd. (intersects NYS Rte. 25), P.O. Box 250, Greenport, N.Y. 11944 §. IS PROPO~iED ACTION: [] New [] E~panlllon ~ Modlflcatlon/.Itw'atlon Place 104 ft. of jetty bulkhead within 18" of the existing corroded steel bulkhead, fill in erosion behind bulkhead with 75 cu.yds, of channel maintenance dredging. 7, AMOUNT OF LAND AFFECTED: Initially 02 &cre~ Ultimately .02 ,cra, (jetty replenishment} E. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~ Ya~ ~ NO Il NO, ae~rt~ brielly ~1. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? E.] Res h3enll&l E'~ ,nauet.e.i . [X~ Commercial E] Ag,lcuRui'e [] perldForest/Open space []Other ~K,~: Southold Town zoning is Marina Existing jetty protects the Sage Basin Inlet from Southold Bay littoral drift. 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. ~TATE OR LO~A~)? ~ Yaa [] NO I! yes. llst agency(a) an~ permlt/&pproval8 Southold Town Board of Trustees 11, DOE~, ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Ya~ ~ NO' il yes, list agency name end permlBepprov&l ~ Dept. of Army Corps of Engineers 10 year Maintenance Permit to dredge Sage Basin entrance channel, permit # 15516A, 12- AS A RESUgT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~ a ted · 1 / 1 1../9 0. [] Ye, [].o I CE'RTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Howard H. Zehner, Own~ Date: 9/25/96 I I! the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ~g ~£d of Trustees Applicat~ WETLAND/TRUST~E LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: ~3~ square feet Percent coverage of lot: ~/~ % Closest distance between nearest existing structure and upland edge of wetlands: ~/~ feet Closest distance between nearest proposed structure and upland edge of wetlands: 6F£~ox.l~--o feet Does the project involve excavation or filling? No ~ Yes If yes, how much material will be excavated? 7~ cubic yards How much material will be filled? 7~ cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: ~/A ~ ~,~,~ 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): PHO1''0 Dt R~'£TION ~i~FA tL. PHOTO !, 8/18/96, ALW,o~a~- JETTY EROSION THRU BULKHEAD ABOVE AND BELOW ALW. ALW (HOLES JUST APPARENT). Note that the interlocking 3,8" steel bulid~ead driven o' into clay 1978 remained vertical without the need for difficult curved wales. Steel sheet deadmen driven 6' were also satisfactory, with 20' 3,4" rods connected to the bulkhead. PHOTO_°, o'16:96, ALW, oqB~R$. JETTY EROS1ON THRU BULKHEAD BELOW tie NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF COMPLIANCE SERVICES NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROQK BUILDING 40 STONY BROOK, NEW YORK 1 t 790-2356 HOWARD H ZEHNER P.O. BOX BOX 250 GREENPORT NY 11944 (fold #11-staple here NOTICE OF RECEIPT OF APPLICATION The Division of Compliance Services has received the application referenced below. The material sub- mitred is being reviewed by staff, and you will be advised in writing regarding the depar[ment's findings. In all future communications, please refer to the Application tD number. Application ID: Date Received: Applicanh Fad#O~ Description: DEC Contac¢ 1-4738-00609/00008 OCTOBER 07, 1996 BRICK COVE MARINA BRICK COVE MARINA MAINTENANCE DREDGE 100'X20' CHANNEL/104'BLKD REPLA ~ JOHN A WIELAND New York State Department of Environmental Conservation Notice of Complete Application Date 10/08/96 Applicant BRICK COVE MARINA PO BOX 250 SAGE BLVD GREENPORT NY 11944 Facility BRICK COVE MARINA SAGE BLVD ARSHAMOMOQUE NY Application ID 1-4738-00609/00008 Permit(s) Applied 1 · ARTICLE 25: TIDAL WETLANDS 1 · SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATION 1 · ARTICLE 15, TITLE 5: EXCAVATION & FiLL IN NAVIGABLE WATERS Project islocated IN SOUTHOLD IN SUFFOLK COUNTY. This is to advise you that your application for the above permit(s) is complete. Additional information may be requested from you at a future date if needed to process the application. It has been determined that your application is a_mi,nor l~_Eg, ject and we have determined that it will not have a significant impact on the environment. --'-'"' A decision will be mailed to you within 45 days, For further information please contact: NYSDEC SUNY @ STONY BROOK BUILDING 40 STONY BROOK NY 11790-2356 · ~ (516) 444-036~- Z Send To: BRICK COVE MARINA PO BOX 250 SAGE BLVD GREENPORT NY 11944 cc: Fde Oard of Trustees Applicati County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR ~ ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUT~OLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND T~ TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAM_~GES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gan'ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TRUSTEES: TOWN OF SOUTHOLD 70 the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ..~p.~,~-b~, residing at bein~ duly sworn, depose and say: That on the ~ day offS. , property kno~ as ~ ~ I ~rsonally posted the by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the pester has remained in place for seven days prior to the date of the p~lic hearing. (date of hearin~ noted thereon to be held~ ~ Dated: (signature) Swo~n to before me this day of M0c, 199~ Notary Public Net~ put=ac, Ste.~ of N~ Ymk Albert J. Kmpsld, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~o~ ~,--~CI4MC~, residing at P-o. being duly sworn, depose and say: That on the ~ day of MoO. , 1996, I personally posted the property known as ~tc~ Co~ by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of public hearing. (date of hearing noted thereon to be held Dated: Sworn to before me this (~ day of /30~.eT~F~_~ 1996 N o~cy ~lic NANCY T. FUSCO DREDGI~ INFORMATION ; ESTIMATED CUBIC LOCATION EXISTING DEPTH (FT. AVG.) FEET TO BE REMOVED A -4 2500 B -3 19500 C : -5 10500 Ffnger Piers D -4 24000 E -3 22500 TOTAL 79000 CU. FT, OR 2926 Cd, YD. NOTE: EXISTING WATER DEPTHS (MLW) (ql P~V IOOS~ ,~r~ long x 6.67~ wide with 20~ long x 4' wide ramp 3 25~ long x 3' wide ' q~ 30' long x 3' wide 1 30' long x 4' wide 313.8' long x 6.67' wide with 30' long x 4' w~de ramp I~ 25~ long x 3' wide-I ~DE 8 35~ long x 3' wide P~AM 1 35' 1on9 x 4~ wide ,7 40' l~ng x 4~ wide 1 40' long x 6.67' wide-i 5i~E : 'B' DOCK: Main Dock F~nger Piers 'C' DOCK: Main Dock ~inger Piers 'D' DOCK: Main Dock Finger P~ers TRAVEL LIFT AREA C'~ E) 200' long x 6' wide (Fixed Pier Dock) 15 45' long x 4' wide Articutating~ fingers comprls~n§: 3~0' long floating section 15' long ramp section with 5' mounting 342' long x 6.67' wide with 20' long x 4' wide ram wide wide 204=~ 25' long x 3' ~ .,3_O.',L,_,,Lg. n g x 3' c" '"' ' '~ 'Lb (~o' FLO~T 4' wide ArtJculatJng~w_ I.] 1 45' long x Finger with single side use only~~ SURVEY OF PROPER T Y A T ARSHAMOMOOUE (516) 765 0 BOX ROAD SOUTHOLD , METHOD OF DREDGING BASED ON FIELD INSPECTION OF OPERATION TO DETERMINE OPERATORS AND EQUIPMENT ABILITY TO PROTECT WETLAND) ~-i~i-:-~-~-~ .......................... ~ ........ :-;~T~-~[~ .......................... ~-i~i-:-~[~ ..................................... ~-i~i-:-~[-~-~[~[~[ .......................... ~ ........ :-;~[-~-~[~[~[ .......................... ~ ........ :'~E-~;-~;~i .......................... MAINTENANCE DREDGING (ENTRANCE): DRAGLINE FROM WEST SHORE GE 16' MAP OF SOUTHOLD SHORES SUFFOLK COUNTY FILE NO 3853 RiGHT .~ TOWN OF SOUTHOLD SUFFOLK COU_N~TY,N. Y "SA 1000 - 57 01 - $8.3 OF WA Y Sca~e P' = 50' B A SIN" May 17, 1991 LEGEND /NTEI~ 7 tZIAL MARSH F,q'ENCH DRAIN May 30, 1991 Nov. I~ 199_Z~g~_m~e_nt AddedZ s~v,..,t ,//~o1~.~ · l CORP N / 0 / F HARBOR VIEW REAL FY OEVELOPEMEN~ 300 RABRO DRIVE HAUPPAUGE, NY fr T.~ ~ OF "SAGE BASIN" FUEL APPROXIMATE AREA 14.5 acres FLAC, dED MA/PINE SPEC/ES GROUNDSEL TREE (Bocci/or/so L/m/fo/lo) AND MARSH ELDER {Ivo Frutescens] BY M~ BRUCE ANDEt~5ON ON JULY I~/ 1991 WETLANDS LINE (MHWM UN- LESS SO INDICATED] ~Y dULY/9,1991 TOTAL AREA = 12469 'acres to tee hoes AREA of LAND UNDERWATER = 4 2acres ± = PRE-EXISTING DOCKS THAT HAVE BEEN REMOVED TEMPORARY FLOATING DOCKS NOT SHOWN HEREON ) (NOTE CONTOUR LINES ARE REFERENCED TO N G V D. 69' 31' 154 13' JOSEPH&MARIE mo Box ~o~ ' ~ BOU~EVANO C/O ~ J, CLARK MA TTITUC~ N Y 30" E SECTION A-A NTS 300,00' -6') J INTERTIDAL MARSH AS SHOWN ON TIDAL WETLANDS MAP NYS. DEC MAP 718-50 Y S, LIC. NO, 49618 SECTION B-B NTS Prepared m accordance with the minimum standards for title surveys as established by the L ZA L S and approved and adopted for such use by The New York State Land T/tie Association ? VEYORS, P 5020 909 TO LANE TENNIS . rKEY TE NIt MAP 8RICK 'COVE MARINA PECONIC ASSOCIATES Inc. PROPOSED IMPROVEMENTS c o n s U I t a n t s ARqHAMOMOQUE~ N~W YORK One Bootleg Alley P.O. Box 672 Greenport, N.Y. 11944 18~me91 " 89 '-"= -461- ¸'I 765 -'5020 O. BOX g09 METHOD DREDGING *'~ OF ' ' EAST) - DI~AGL][NE TO LIMIT' SHOWN (,CONDI:TIONA! W~'p6n'u:~, '~ ' , ':~" ~ ' ~ASED ON FIELD INSPECTION OF OPERATION r ~RMIN[ OPERATORS AND EQUIPMENT (~AS1 ,, .... ........ , , ,':{ [, ' 6, ide-I mO~, ' ',' ' ' ~ , w~th 20~ ~o,~g x,4~- r, am, ~P F~nge~ ~Zr~b,Szn.g,],~' s~de use onZy , 'FILE,NO. SURVEY OF RSHAMOMOOUE ' ATA " '' SUFFOLK COUNTY, N "' 1000 . 57 - Ol -38.3 Scale 1"' = 50' , "::,~ ~ay 17, 1991 May 30 1991 ' I ' - , ' , ' ,N/elF HARBOR VIEW '' ' '" ',300 RABRO I~RIVE H;AUPPA'u~g,, ' : LEGEND ' .... IM' INTERTIDAL: MARSH~ , ' ~0 0"' -- WATER bEPTH AT MLW ¢¢~) , , ¢~., . L[m/fal[o) AND MARSH ELDER ~ ,~ II w¢~o~ ~ ~,o.o' .' .... ', ' ANDg~5ON' ON JULY I~ ' ' ' ' ~ ~' ~ ',~' ~' WETLANDS LINE (MHWM UN- ~ p~p~ ~*~e~ ~m~;~, ' ,, .,,, SECTION B B TOTAL AREA = 12469 acres to tie lines AREA of LAND UNDERWATER = 42acres- + - ~ , . . ,, . ,~,, PRE-EXIS [I~G ) = DOCKS THAT HA VE BEEN REMOVED, ,r ' (NOTE' TEMPORARY FLOATING DOCKS NOT SHOWN HEREON.) : ~ ~ ''' CONTOUR LINES ARE REFERENCED TO ~ G V D. . ,,, ' :~,: ,. . '. ~ ' ', ' ' ' : INTERTIDAL MARsH AS' ON TIDAL WETLANDS' ,~ ,. '1~', '" ."' MAP A Y SD.~C MAP 718-50 , . 11 , . Prepped in aacordancw w~h the minimum standards for title surveys aa established , ,,,, -' by the L.ZA.L.S. and a~roved and adopted , Y. '~( LIC NO. 49618 for such use by The New York State Land ' T/tie Association , , : ~ ;,,, ~, PECONIC ASSO,,CIArES Inc. c o" s u I t ,'an t .~ One Bootleg Alley · P~iO. Box672 .G. reem~ort,. N,Y. 11944 5~16- 477-0030 .: i' ""'i--BRIC:K"COVE MARINA ~ROE'O'SE:D ~' IMPROVEMENT LO"ATION ARSHAMOMOO~UE~' HEW YORK