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Home My WebLink AboutAnerella, MichaelAlbert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson 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 August 12, 2003 Mr. Michael D. Anerclla 184-38 Aberdeen Rd. Jamaica Estates, NY 11932 855 Pine Neck Rd., Southold SCTM#70-5-33 With regards to the above-captioned property, enclosed is an unsigned copy of your permit for a catwalk conditionally approved at the meeting held on June 21, 2000. Please be advised that all Wetlands Permits arc valid for two years, from the date of the heating, and permits are not issued until all conditions have been met and all fees have been paid in full. Once the permit has been issued, the permit holder may apply for up to two (2), one-year extensions that can be applied for one-year at a time, pr/or to the expiration date of the permit. Your application for a permit was approved at the hearing held on July 21, 2000 with the condition that a new plan was submitted depicting the catwalk extending out no further than 20' past the edge of the marsh, veith 6" low-profile pilings and a notation that the pilings would be hand-dug throughout the marsh. A new plan was received in this office on June 10, 2003 depicting a catwalk 10' longer than what was approved. As of this date, the following permit fees are due: - Dock Permit Fees: 4'X 40' catwalk seaward ofHWM = 160'X $3.00/sq.ft. = $480.00 Total $480.00 Once these fess are paid the permit will be signed, however, as set forth above, the permit has expired. If you have any questions, please don't hesitate to call. AJK:lms Enc. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 June 21, 2000 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Michael D. Anerella 184-38 Aberdeen Rd. Jamaica Estates, NY 11932 RE: 855 Pine Neck Rd., Southold SCTM#70-5-33 Dear Mr. Anerella: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 21, 2000 regarding the above matter: WHEREAS, MICHAEL D. ANERELLA applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 25, 2000, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing xvas held by the Toxvn Trustees with respect to said application on June 21, 2000, 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 premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and. WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general xvelfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of MICHAEL D. ANERELLA to construct a 4'X 78' catwalk to start at the upland and extend out no further than 20' past the edge of the marsh and with 6" low-profile pilings to be hand-dug throughout the marsh. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $5.00 per inspection. (See attached schedule.) Fees: Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms Board Of $outhold Town Trustees SOUTHOLD, NEW YORK DATE: ....~.,u. ne 2.~ ~...~000 ISSUED TO ........... M.~].~E~...~·. .AI~.E~ELLA ............................. Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter ~ of the Laws of the State of New York 1952; and the Soufhold 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 .....~.~. .gq~...., and in consideration of the sum of $......~.:.0O.. paid by Michael D. Anerella of .......... J~.~.r~.~.~.~:...~.~.:~.$ ......................... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to construct a 4'X78' catwalk to start at the upland and extend out no further than 20' past the edge of the marsh and with 6" low-profile pilings to be hand-dug through, oul the marsh. all in accordance with the detailed specifications es presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees h~re- by causes its Gorporate Seal te be affixed, and these ~.resents te be subscribed by a 'majority of the said Board as of tbts darn. TER~S and CONDmONS The Pe~r~x'ee Michael D. Anerella ~ at 184-38 Aberdeen Rd., Jamaica Estates N. ¥. a~ ~ of the coaslderation for the issuance of the F~...:t does understand ami prescribe to the fol- lowing: 1. That flse said Board of Tm._~ee~__ and the Tosvn o/ ,Soud~old ate released ,"~ any and dl ,n.,,,,~es, m ,~,~,,,, fm d,.,,~ges, of suits adslng dimaly m ludizecdy ss · remit of my opet'- with respect thereto, m the complete exclusion of the Board of Tnu~ees of the Tmvn of So.hold 2. That this Pom,lt is vsltd fat a period of 24 mo~ whld~ h eomklemi to be the esc~ated d~e_' eequited m complete the wodc iavolved, but dm,,~_-d circumstances wammt, req, mst for an e.~*~don may be ma. de to the Board at ~ later d.*. 3. That this Permit should be vetalned indefinitely, or as long as th~ said Petmi~tee wishes to maintain the structure o: project involved, to provide evidence to anyone concerned that .mt~ ot~zatlon was otlginaHy obtained. 4. That the work involved will be mbjec~ to the inspection and approval of the its agents, and non-compliance with the provisions of the otlg~,-~og application, may be cau~ t~-vocation of this Permit by r",~olution of the said Bo~d. 5. That there will be no unreasonnh!e interference with hetdn m'&odzed. 6. That there shah be no interference with the tight of the public Io ~ ami ~ ala~g the beach between high and low wttet marks. 7. That ff fucu~ opetatlons o~ the Town of f~:~t~old require the removal and/or altetafiom in the location of the work hetdn mthodzed, or i~, in the oplnlon c~ the B~ud of Trustees, dsc work ~h.ii cause umzasotmble obstmcuon to free navigation, the said Pexmlt~e will be ~[ulteds upon due notice, to remove or alter ~ work ot project herein stated ~dthout ezFenses to the Tom~ 8. That the said Board will be notified by the Permittee ot the co~t~h~on of the work auth- orized. 9. That the Permittee will o~ain all other permits and consents d~at may be vequlved sup= plemental to chis pezmit which may be subject to revokz upon f~l~,_re to obvsln same. L Ladder 4'x4' typ, 7' deep ALW oF 24' --Wettands ~idat we*lands ~'x4' ~yp, 3' deep 50UTHOLE~ PINEC~)Iq& PLOT 1/144 · New York State Department of Environmental Conservation Division of Environmental Permits Building 40 - SUNY, Stony Brook, NY 11700-2356 Telephone (631) 444-0365 Facsimile (631) 444-0360 Erin ~/I. Crotty Commissioner June 2, 2003 Mr. Michael Anerella 184-38 Aberdeen Road Jamaica. NY 11432-1516 RE: 1-4738-02361/00003 Dear Permittee: In conformance with the requirements of tile State Unitbrm Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) ~ve 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. Sincerely, Claire K. Wemer Environmental Analyst CKW/Is NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 1--4738-02361/00003 FACILITY/PROGRAM NUMBER(S) "'PERMIT Under the Environmental Conservation Law EFFECTIVE DATE Jane 2, 2003 EXPIRATION DATE(S) June 2, 2008 TYPE OF PERMIT · New E] Renewal [] Modification · Permit to Construct [] Permit to Operate [] Artcle 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Adicle 15, Title 15: Water Transpod [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23r Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastar Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19. 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Michael Anerella ADDRESS OF PERMITTEE 184-38 Aberdeen Road, Jamaica, NY 11432-1516 TELEPHONE NUMBER (631) 344-7291 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACI[]TY Anerella proper/y, 855 Pine Neck Road, Southold COUNTY I TOWN Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: SCTM #1000-70-05~33 IWATERCOURSE Jockey Creek NYTM COORDINATES Construct a 4' x 4' deck and a 4' x 88' fixed catwalk with ladder at seaward end. All work must be done in accordance with the attached plans stamped NYSDEC approved on 5/30/03. JUN 1 0 2u03 S0uthold Town Board of Trustee8 By acceptance of this permit, the permittee agrees that the permit is contingent upon ,L.t.L ~.u..plla.~.~ w;[I. ih: ECL, ull' applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: I ADDRESS Mark C. Carrara (CKSN) I Re~]ion 1 Headquarters, BId~]. #40, SUNY, Stony Brook, NY 11790-2356 June 2, 2003 Page 1 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. 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. 2. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 75 linear feet from the tidal wetland boundary. 3. Dock or tim bet catwalk shall not exceed 4 feet in width and shall be a minimum of 3Y~ feet above grade* over tidal wetland areas (* as measured from ground to bottom of dock sheathing). 4. The use of wood treated with pentachlorophenol in tile construction of structures that will be in contact with tidal waters is strictly prohibited. 5. No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 6. No permanent structures may be installed on catwalk without first obtaining written Department approval (permit, modification, or amendment). DEC PERMIT NUMBER 1-4738-02361/00003 PAGE 2 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it 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 destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without 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 fill and restore to its 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. The State of New York shall in no case be I~able for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent 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 be required. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without 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. 6. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without 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 fill and restore the site 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 6NYCRR Part 608, the NYS Department of Environ mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Michael Anerella last revised 5/12/03. DEC PERMITNUMBER PAGE 3 OF 4 1-4738-02361/00003 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permJttee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents i"DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of acbvities in connection with, or operation and maintenance of, the facility or facilibes authorized by the permit whether m comphance or not in compliance with the terms and conditions of the permit. Th~s indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the perm~ttee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit, Item D: No Right to Trespass or Interfere with Riparian Rights 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 work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a panty to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department, A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit, General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does hot modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types, Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant techt~ology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DECPERMITNUMBER PAGE 4 OF 4 1-4738-02361/00003 L~dder 4'x4' typ, 7' deep ALW o? 24' -- ~/etc~nds ~cid(xl we*trends I'×4' ~yp, 3' deep Section Through Catwalk Scale: 1'=20' ~11~ ~nd ~ocl~ on .~"~ey ~ for Er. Il..4#erella PINE EEC. I( ~OAO, $O!.ll'EOl.~, lIEF/YOI~K 11.~I ~OUTHOLO PINEC)OKIB PLOT 1/144 STATE OF' NEW YORK DEPARTMENT OF STATF 4 I STATE STREET ALBANY, NY 1883 I -000 I GEORGE E PATAKI Mir. Michael Anerella 184-38 Aberdeen Road Jamaica, NY 11432 Januaw13,2003 dU~,l I C L,,.,~ ~ j-- So~tllold Tow. Board of F~,¥sA. DANIEL Re: F-2002-1224 U.S. Army Corps of Engineers/New York District Permit Application - Michael Anerealla - Construct 40' x 4' pier, 16' x 4' hinged ramp, 20' x 8' float Shelter Island, Town of Southold, Suffolk Count)' General Concurrence Dear Mr. Anerella: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on December 27, 2002. The Department of State has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore. thrther review of the proposed activity by the Department of State is not required, nor is the Department's concurrence with an individual consistency certification for it. When communicating with us regarding this matter, please contact us at (5 l 8) 474-6000 and refer to our file # F-2002-1224. Sincerely, ~ ~_,~ Supervisor of Consistency Review and Analysis New York Coastal Management Program sm COE/New York District - Marc Helman NYSDEC/Region 1- John Pavacic REPLY TO ATTENTION OF' Eastern Permits Section SUBJECT: DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDINr'~ NEWYORK, N.Y. 0278-0090 March 20, 2003 JUN 10 2003 Southold Town Board of Trustees Department of the Army Permit Number 2002-01193-L2 Michael D. Anerella PO Box 549 855 Pine Neck Road Southold, New York 11971 Dear Mr. Anerella: We have completed our review of Application Number 2002- 01193-L2. Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), you are hereby authorized by the Secretary of the Army: ACTIVITY: Construct a pier assembly consisting of a 40' x 4' pile-supported, fixed pier elevated a minimum of 4' above the grade of tidal wetlands, a 16' x 4' hinged ramp, and a 20' x 8' float, secured by four (4) guide pilings. Ail work shall be performed in accordance with the attached diagrams, subject to Special Conditions A - D, which are hereby made a part of this permit. WATERWAY: Jockey Creek, Shelter Island Sound LOCATION: Town of Southold, Suffolk County, New York The activity authorized herein must be completed within three years of the date of this permit. This authorization is subject to the enclosed conditions. Please find enclosed two forms to be used to submit to this office, as required, the dates of commencement and completion for the authorized activity. Also enclosed for your information is a Notification of Administrative Appeal Options. The authorized activity must be performed in accordance with the enclosed plans. If any material changes in the location or plans of the subject work are found necessary, revised plans should be submitted to the District Engineer. These plans must receive the approval required by law before work begins. Notice is hereby given that the permittee should recognize that a possibility exists that the structures permitted herein may be subject to wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structures permitted herein and the safety of boats moored thereto from damage by wavewash and the permittee shall not hold the United States liable for any such damage. If any questions should arise concerning this matter, please contact Vincent J. Monaster, of my staff, at (212) 264-3912. Enclosures Sincerely, "F~R ;,5~ ;~22~'!ALi: OF" John B. O'Dowd Colonel, U.S. Army District Engineer 2 PERMITTEE: PEP/4IT NO.: Michael D. Anerella 2002-01193 PERMIT CONDITIONS: NOTE: The term "you" and its derivatives, as used in this permit means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of engineers having jurisdiction over the permitted activity or appropriate official of that office acting under the authority of the commanding officer. GENERAL CONDITIONS: 1. The time limit for completing the work authorized ends within three years of the date of this permit. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least four months before the date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party upon written notification to this office. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: (A) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army o~ his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. PERMITTEE: PERMIT NO.: Michael D. Anerella 2002-01193 (B) No staging of construction or storage of materials or equipment in vegetated wetlands. (C) Construct structures at a minimum 1:1 (1 foot vertical : 1 foot horizontal width) over the grade of vegetated wetlands. (D) Avoid driving piles near the wetland fringe, if possible. (F) Chock the float to maintain a minimum water depth of 2 feet of water beneath the float at all tidal stages. Further Information: 1. Limits of authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 2. Limits to Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliange on the information you provided. 4 PERMITTEE= Michael D. Anerella PERMIT NO.= 2002-01193 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations {such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 5. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 5 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Michael D. Anerella I File Number: 2002-01193 Date: March 20~ 2003 Attached is: See Section Below x IN[TIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 33 I. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations (JD) associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section Il of this form and return the form to the New York District Engineer. Your objections must be received by the New York District Engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the New York District Engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the New York District Engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the New York District Engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional deternfinatioas associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineem Administrative Appeal Process by completing Section Il of this form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton Military Community, Building 30l, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the North Atlantic Division Engineer, ATTN: CENAD-ET-O, Fort Hamilton Military Community, Building 301, General Lee Avenue, Brooklyn, NY 11252-6700. This form must be received by the Division Engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineem Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the North Atlantic Division Engineer within 60 days of the date of this notice with a copy furnished to the New York District'Engineer. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, )'ou may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II ~ REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe .,,.our reasons for appealing the decision or )'our objections to an initial proffered permit in clear concise statements. You may anach additional information to this form to clarify, where ),,'our reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clari~ the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarifij the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: Richard L. Tomer U.S. Army Corps of Engineers, New York District Jacob K. Javits Federal Building New York, NY 10278-0090 (212) 264-9053 or 3996 If you only have questions regarding the appeal process you ma3' also contact: James W. Haggerty, Regulatory Appeals Review Officer North Atlantic Division, U.S. Army Engineer Division Fort Hamilton Military Community General Lee Avenue, Building 301 Brooklyn, NY 11252-6700 (718) 765-7150 E-mail: James. W.Haggeny~nad02.usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Signature of appellant or agent. Date: [ Telephone number: 2 REPLY TO ATTENTJON OF DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEVV YORK, N.Y. 10278-0090 CENAN-OP-RH IMPORTANT This letter must be completed and mailed to the Harbor Supervision & Compliance Section at the above address prior to commencement of any work authorized under the permit. Permittee: Michael D. Anerella Permit No. 2002-01193 Date Permit Issued: March 20, 2003 Expiration Date: March 20, 2006 Waterway: Jockey Creek, Shelter Island Sound City & State: Town of Southold, Suffolk County, New York Work will commence on or about: Name, Address & Telephone Number of Contractor: 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 REPLY TO A1-FE NTION OF DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 CENAN- OP-RH IMPORT;~NT This letter must be completed and mailed to the Harbor Supervision & Compliance Section at the above address following completion or cancellation of work authorized under the permit. Permittee: Michael D. Anerella Permit No. 2002-01193 Date Permit Issued: March 20, 2003 Expiration Date: March 20, 2006 Waterway: Jockey Creek, Shelter Island Sound City & State: Town of Southold, Suffolk County, New York Check and complete applicable item(s) listed below: Work was completed on Work will not be performed on the project. Deviation from work authorized in permit is explained below. Other (explain) For dredging projects, list the volume of material dredged, amount placed at each disposal location (if more than one). cubic yards placed at cubic yards placed at cubic yards placed at and the 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 ' ~ '/' j.."'k, /W'N~ /~-_.___ g ~,, / '"% ,,,, x,~.~.,,,, /'// /,/,'~,~. t r~ ._~ u. tlnerelta/Piev Assembly, ~[tngs). 2ec~ion Through Catwatk Scate~ I'=20' Flooring dock to be chocked os shown, th~'t bottom surface 2 Feet abovethe creek 9' Dia. typ, 7' deed ~7~e t la nd s tida( wet,ands 4'x6' typ, 3' deep SuperTech Indu~frfe$, /nc. J~::~rm'~c~lcc~. NY I 1432 REPLY TO A'IT~NTION OF Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. '~0278-0090 Dece~, 2002 ~,~-~ JAN- ',9 3 ' SUBJECT: Application No. 2002-01193-L2 New York District, U.S. Army The received a request for Department of the Army authorization f~ the following activity: '~? APPLICANT: Michael D. Anerella "~ 855 Pine Neck Road PO Box 549 Southold, NY 11971 by Michael D. Anerell~ Corps of Engineers,.. has ~. L ACTIVITY: Construct a pier assembly consisting of a 40' x 4' pile-supported, fixed pier that would be elevated a minimum of 4' above the grade of tidal wetlands, a 16' x 4' hinged ramp, and a 20' x 8' float. The purpose of this project is to provide access to the waterway and safe mooring for a vessel. WATERWAY: Jockey Creek, Shelter Island Sound LOCATION: Town of Southold, Suffolk County, New York As this is minor in nature, authorization may be by Letter of Permission. This is in accordance wi~h current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawings is requested. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c) (3) (A)), ~he applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 15 days of the da~e of this lender. Sincerely, Marc Helman Acuing Chief Eastern Permits Secuion Enclosure 2ect;ior~ Thr'ough CatwaLk ScaLe', 1'=~0' ALW · 9' Die.. typ, 7' deep -- ~HW __Edge 0¢ 24' WetL6nd$ tidal we~ctands Vx6' 1:yp, 3' deep SuperTech Indusfries, Inc. sr'~u:' N O TE ED ~LJ~'FOLK. '¢~. PINE NECK R04~, SO~O~, ~ YORK 11971 PIN~DOKI5 AREA = I. 2017 ac. The Iocoflons of wells ond cesspools shown hereon ore from field observolions end or from dolo obfo~ed from olhers. I m~ fe~lw ~ II~ $~AN~A/~ FOR APPROVA~ A/~ CONSTRUC~I~ OF ~1~ACE ~LqPOSAI. SYS~V~ FOR ~VC, I.E /33.97. PINE NECK ROAD CERTIFIED TO' MICHAEL ~ ANERELLA ROBYN CANNARIA TO ANERELLA SUTTON LAND SERVICES, INC. SURVEY OF PROPERTY A T'SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNT.Y, N Y. I000-70-05-33 SCALE, I" = 50' OCT. ~ 1998 'PEco~ P. O. BOX~ 1230 TRAI · 98-3?5 Albert J. Krupski, President Southold Town Board of Town Trustees Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 P.O. Box 549 Southold, NY 11971 July 2, 2003 J,:' -o 2Z~3 $outhoid Town Board of Trustees Dear Mr. Krupski: Prior to the existing moratorium on construction, I submitted an application for a dock permit for my property at 855 Pine Neck Road, Southold, N.Y. At that time, the application was reviewed and a field inspection was completed. The result of the review and the inspection was a promised approval of the application and issuance of the permit, subject to the prior issuance of accompanying permits by the New York State Department of Environmental Conservation and by the Department of the U.S. Army. I have since acquired those permits, and have furnished copies of them to your office. I respectfully request at this time that your office issue the appropriate dock permit as promised. This application was made well in advance of the existing moratorium and is not subject to its enforcement. Sincerely, Michael Anerella C; James King, Vice-President Peggy A. Dickerson Artie Foster Ken Poliwoda Lauren Standish Patricia Finnegan, Town Attorney Albert J. Krupski, President James KL~g,' ~ice-President Artie Foster Ken Poliwoda Peggy A. Dickerson 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 $OUTttOLD July 14, 2003 Mr. Michael Anerella P.O. Box 549 Southold, NY 1197l RE: 855 Pine Neck Rd., Southold SCTM#70-5-33 Dear Mr. ,~nerella: This is to inform you that the Board of Trustees has received your letter dated July 2, 2003 regarding your dock. The Board is currently reviewing your file with the Assistant Town Attorney. We xvill inform yot~ with our ,~.ecision as ,~c,on ..:s possible. Thank you for your cooperatioi~ V~q., truiy yours, .k!be,~. ., ~dpsk~, Jr., President Board of Trustees A/bert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD , ' i ' ' Offi------~e Use Onl----'--~il . ~ { ~l["i?' ~'[ Coastal Erosion Permit Applxcatxon ~etland Permit Application .- ;-~. Grandfather Permit Application ~ ~ ~' --wa fret/~en~ent / Chan~es ~eceived Applica~ ~ece~ved Fee:$ (~3~q~ . ~ ~: :~'~ ~;~-~'t.::2 ~le}~eAppl~ '.~r3-~ ~~~ ~,~}~" SEQ~ Classification: I Type I ~pe II Unlisted . Coordxn~tion: (dat~sent) -- I ~AC Referral Sent:~ I~' ~~~ ~.: of n rect on: -- ~Recexpt of CAC Report. ~~'~Jf{ ~*tr~:' Lead Agency Determination:__ Technical Review: ~ublic Hearing Held:~ Resolution: Name of Applicant ~,~.~.! Address ~ ~ ~ ~}~ ~ Phone N~ber:(~/ ) Suffolk County Tax Map N~er: 1000 Property Location: ~ ~ (provide LILCO Pole #, dzstance to cross streets, and locatzon) AGENT: (If applicable) Address: Phone: FAX#: B rd of Trustees Applicatior GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals Agency for site improvements: 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): 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION {To be comDle,'ed by Aoplicant or Prolect sDonsorl SEQ 5, IS PROPOSED ACTION: ~New [~ Exoanslon [] Moolffcaliontalteration 7. AMOUNT OF ~NO AFFECTED; WILL PROPOSE~ ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING '-&,NO US~ RESTRICTIONS? ~ No If NO. ~escnbe t3rlefl'¢ STATE OR LOCALI? . ~ Yes -Jc::]~o If yes. list agency(s) a~nd oermit/al~l:)rovals 12. AS A RESULT OF PROPOSED ACTION WILL =~(ISTING ~ERMITIAPPROVAL REQUIRE ~O01F~CATION? [] Yes - ~'FN o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastsl Assessment Form before proceeding with this as._&essment OVER PART III--DETE,RMINATiCN OF S;GNIFICANCE [To ~e comclete~: 3y Agency) INSTRUCTIONS: Far each A(~verse effect :dentdied zccve, determine wnetMer ~t is suDs~antiaJ, ;arge. :,rncor~,sn[ or otnen, vlse signori. ':-zcn -=ifec: s,~ouic =e assessed in connec:lon wl~M ,Is (a) setting [i._~. urban or ;ural); (b) ;roDaoH[t¥ ct occ~-~Lqg; i~c) duratior TRANSACTIONAL DISCLOSURE FORH The Town of Sou~hold's Code of Ethics prohibits conflicts interest on the part of town oiEicers and employees, ..The purpose og this form is to provide information which.can alert ~he town of possible conflicts of interes~ and allow it to take whatever action is necessary to avoid same. YOUR NRHRI "~'~" "~ ~'~* ..... (Last name, first name, m{dd.le in{tis1, unless you are applying in the name of someone else or other entity, such as a company. I~ so, indicate the other person's or company's name.) NATURB oF APPb]~AT]ON{ (Chuck all thai apply.') Tax grievance Variance Change of zone A~p~i~val of plat . Exemption from plat o~ official map other (I~ "Other," name the activity,) . Do you personally (or ~hrongh FOur compafly~ spouse, sibling, parent, or child) have a relaeionellip wish any officer or employee sE the Town sE Southold? 'Relationship' includes by blood, marriage, or business iueerese. "Business interest" means a business, including a par~nersbip~ in which the town o[ficer or employee has even a pareial ownership o~ (or employment by) a corporation in which the town o/fleer or employee oens more than 5% oE the shares. YES NO If you answered "YES," compleee the balance of this form and date and sign where indicated. Name of person employed by 5he Town of Southold Title or position of ~hat person Describe the relationship between yourself (~he applioant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (cheek all that apply)~ A) the owner of greater than 5% of the shares of the corporate stock of the applic~nt (when the applicant is a corporation)~ B) the lsgal or bbneficial owner el any interest in e noncorporate'entity (when the applicant ie not a corporation)~ ...C) an o:~ioer~ director, partner, or employee o£ the applioant~ or __.D) the actual applicant. DESCRIPTION OF RELATIONSIIIP