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HomeMy WebLinkAboutTR-6110Albert J. Krupski, President James I~ing, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickersen 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 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction 1/~ constructed v~' Project complete, compliance inspection. 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 151 day of construction y, constructed I I. ./ Project complete, compliance inspection. Sf). S / i l , ."\ 1-1 ) /' -- /\-> ,~ L--~ Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO....~).l..I.O ....... ISSUED TO ......... ~ ]~'~i~:...,~... ~...~,:..g.~...g:~ .......................................................... Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893~ and Chapter 404 of the Laws of the State of New York 19~2; and the Southold To~n Ordinance tilled ."REGULATING AND THE PLACING OF OBSTRUC~QN~ S IN AND ON TOWN WATERS AND PUBLIC LANDS and.the REMOVAL OF SAND, GRAVEL. OR OTHER IdATERIALS. F. ILOM LANDS UNDER TOWN WATERS:.'..'. and in accordance with the Resolution of The Board adopted afa meeting held on 200.~........, and in consideration of the sum of $ ..~.~g.:.~ ....... paid by Peter & Grace Gorman of Orient ..................... N. Y. and. subject to the Terms and Conditions listed on the reverse slde hereof, of Southold Town· Trustees authorizes and permlfs the following: Wetland Permit to construct s~airs to the beach, withe the condition the area 10' landward from the top of the bluff is not mowed, and all as depicted on the plan dated 3/24/05. all in e~ordance with the detai~l specifications a~ p~esented in · ~e odginafing application. IN WITNESS WHEREOF, The seld Board of Trustees here- by causes ifs Corporate Seal to be a~xed, and these ~.esenh fo be subscribed by a'maiorfly of the sa~d Board .as of this darn. ~' TEP~S and CONDITIONS Peter & GKace'Gorman 440 Windward Rd., Orient ,, .=~ N.Y~ ~ fo~ m e-~.~on m~y I~ made to t~e ~ ~t · !,~'~ ~.~. 5. T~at ~ l~i~ d~td I~ tetalaed i~det"ml~?, or -- 1o~ ~ tl~ ~ld p,~o,~ ~ ' t~'m,~ ehe gmctu~ er project involved, to provide evidence ~o anyone cotgera~ that auth- That d~e wod~ involved will I~ ~bie~t to t~ ~ ~d ~voval of ~he Bored ~' agent~ ~d n~x-o~Han~ w~th the ptov~om of the ottglm~ ~ca~oa. m~ I~ cau~ for Albert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggs' A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone f631) 765-1892 Fax (631) 765-6641 April 20, 2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. & Mrs. Peter Gorman 162 East 80th St., Apt. 4C New York, NY 10021 RE: 440 WINDWARD RD., ORIENT SCTM#14-2-30.6 Dear Mr. & Mrs. Gorman: The Board of Town Trustees took the following action during its regular meeting held on Wed., April 20, 2005 regarding the above matter: WHEREAS, PETER & GRACE GORMAN 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 March 30, 2005 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 20, 2005, 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, 2 WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of PETER & GRACE GORMAN to construct stairs to the beach, with the condition the area 10' landward from the top of the bluff is not mowed, and all as depicted on the plan dated March 24, 2005. 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 $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK/Ims Albert J. Krupski, President James K~ng, Vice-President Artie Foster Ken Poliwoda Peg~' A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971°09§9 Telephone (631~ 765o1892 Fax (631) 765-tG~,~, ~1:~1 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the ( v/') Application Approved (see below) (__.)Application Denied (see below) (__.)Application Tabled (see below) If your application is approved as noted above, a permit 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 in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: SIGNED: PRESIDENT, BOARD OF TRUSTEES Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box l 179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Mon., April 11, 2005, the following recommendation was made: Moved by Jack McGreevy, seconded by Alicia Marin, it was RESOVLED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland,Permit application of PETER & GRACE GORMAN to construct stairs to the beach. Located: 440 Windward Rd., Orient. SCTM#14-2-30.6 The CAC recommends Approval of the application with the following Conditions: Size of landings must comply with Town Wetland Code. ¼" spacing between decking on landings. 50' non-turf buffer Vote of Council: Ayes: All Motion Carried Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson 'rown Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(6311765-1892 Fax,631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only __Coastal Erosion Permit Appl,~tion ~--_..,i~nd Permit Application ___ Nlajor W air er/Ame ndnle q~Qhange~. ~Rece~ved Application: ,~ J~lO ~ ~ompleted Application~ Incomplete __SEQRA Classification: Type I~Type II Unlisted Coordination:(date sent) ~..~'AC Referral Sent:~h]~~ ,...Date of Inspection:~[IJ~}~ Receipt of CAC Report: Lead Agency Determnmtion:__ Technical Review: ./. .'"'Public Hearing Held:~_ Resolution: Minor (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: Board of Trustees Application Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: GENERAL DATA Prior permits/approvals for site improvements: Agency Date 0 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): ,~'TAi/9_ '~ k(~4c4l Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations:__ 't--'~ ~"F ~r't4 ~/~ ~ Area of wetlands on lot: ~ square feet Percent coverage of lotT~ Closest distance between nearest existing structure and upland edge of wetlands: - -~" feet Closest distance between nearest proposed structure and upland edge of wetlands: ~ feet Does the project involve excavation or filling? No X' Yes If yes, how much material will be excavated? How much material will be filled? cubic yards cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: t,~t~ Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: .~'"A 119-_ 'To [-)~C4~ -'15;/2&~, Are wetlands present within 100 feet of the proposed activity? ~ No Yes Does the project involve excavation or filling? No '4' Yes If Yes, how much material will be excavated? How much material will be filled? ,~ Manner in which material will be removed or deposited: (cubic yards) (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation &the project as proposed. (Use attachments if necessary) PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 617.20 APPENDIX C STATE 'ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map 5. IS PROPOSED ACTION · ~New ~ ~pansion ~ Modiflcat[o~ / alteration 6. DESCRIBE PROJECT BRIEFLY: 8. WILL PROPOSED ACTION COMPLY VVITH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes [] No if no, describe briefly: 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r~Residential E~lndustdal [~Commercial r--]Agriculture I~Park/Forest/OpenSpace []Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State or Local) E~]Yes ~]No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r'-']Yes [~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [~Y'es .~No i CERT~Y THAT THE INFORMATION PR~OVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE Signature ~--"~---'~/~ -.-.-.-.-.-.-.-.-.-~. ,,.Z~~ 9' '~/ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 I[ yes, coordinate the review process and use the FULL EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617 6? If No, a negative declaration may be superseded by another involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, ~f legible) C1 Existingairqua~ity'surface~rgr~undwaterquaiity~rquantity`n~ise~eve~s~existjngtra~cpattern~s~idwaste~r~duct~n~rdisp~sa~ potential for erosion, drainage or ~ooding problems? Explain bdefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or caltural resoumes; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or thre~'ene~ or'endangered species? ~xplain briefly: C4. ^ communitg;s existihg plans or goals as ofi'icially adoPtod. Or * chan§o in use or intensity of use of land or other natural resources? Explaln bdefly C§ Growth subsequent development or related achwt~es likely to ge induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in ci-C5'~ Explain bdetly: r 1 C7. ~ther imp~0tS ii~iudin~ chanties i'e use of either ~uanti~/Or ~pe Of ~rgy? Explain bdefl¥: / D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? /If ~/es, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of signiflca ncc must evaluate th e potantia[ impact of the proposed action on the environmental cha ractedstica of the CEA. Check this box if you have identified one or more potenflally large or significant adverse impacts which MAY occur. Then proceed directly to the FULl FAF and/or prepare a positive declaration. Check this box If you have determined, based on the information and analysis above and any supporting documentation, that the proposed actim WELL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi= determination. Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK COUNTY OF SUFFOLK , being duly sworn, deposes and says that on the ' day of ,20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at (certified) (registered) mail. Swom to before me this Dayof .~.~r'/ .I _, that said Notices were mailed to each of said persons by Notary Public MAUR£EN ABA. NO Not~/Pub~lo, StYe ~ ~ No. 01AB4~1174 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: SCTM# _/t~ffg9 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees 2. That the property which is the subject ofEnvironmental Review is located~9~>o your property and is described as follows: 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: OJht~ I .O{~.~ ~{~0 [ . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. MAILING ADDRESS: {/z>'Z. IE' ~0''U~ ~ PHONE#: 2- 1 ~Z..- --.~..~ ~ - I~2G Enc: Copy of sketch or plan showing proposal for your convenience. Board of Trustees Application County of Suffolk State of New York DU V swoRN DEPOSES AND AFFIRMS THAT HE/SHE IS I~ ~PLIC~T FOR I~ ~O~ DESCmBED PEmlT(S) ~ T~T ~L STATEmeNTS CONT~D ~ ~ TR~ TO T~ BEST OF ~S~R ~O~EDGE ~ BELIEF, ~ T~T ~L WO~ WILL BE DO~ ~ T~ ~R SET FORTH ~ T~S ~PLICATION ~ AS MAY BE ~PRO~D BY T~ SOUTHOLD IO~ BO~ OF TRUSTEES. T~ ~PLIC~T AG~ES TO HOLD T~ TO~ OF SOUTHOLD ~ I~ TO~ TRUSTEES H~ESS ~ F~E ~OM ~Y ~ ~L D~AGES ~ CL~S ~S~G ~ER OR BY ~T~ OF S~ PE~T(S), ~ G~D. ~ CO~LET~G THIS ~LICATION, I ~BY A~HO~ZE T~ ~US~ES, T~ A~NT(S) OR ~P~SENTATI~S(S), TO EN~R ONTO ~ PROPERTY TO ~SPECT T~ P~SES ~ CON~CTION ~TH ~W OF T~S ~PLICATION Signature SWORN TO BEFORE ME TInS ~ DAY OF ~0) o.-~c~ 20 ~ 6- Notary Public MAUREEN ABANO NoI~J Publk~ State Of N~Ddl No. 01AB4641174 Qualified In Kings Coun~ transmittal Board of Trustees Town of Southold 54375 Main Road To Southold, NY 11971 Date 28 March 2005 Project/No Re BRENNAN ~EER GORMAN ARCHITECTS We are sending X Submitted for Sent via Fedex [] Copies [] As Requested [] Express Courier [] Shop Drawings [] Review/Comment [] Messenger [] Blue Prints / Sepias [] Coordination [] Mail [] Samples [] Approval [] Fax [] Specifications [] Record [] Other [] Disks [] Other [] Other Ch~'_ item no Copies Date Description 3 copies each of application and plans for the proposed beach stairs. Check #9729 in the amount of $250.00, for application filing fee. Remarks Signed 515 Madison Avenue New York NY 10022 Tel 2'12 888 7663 Fax 712 935 3868 www.bbg-bbgm.com . . 162 East 80th St. Apartment 4-C New York, NY 10021 Albert J. Krupski, President Board of Town Trustees Town of Southhold P.O. Box 1179 Southhold, NY 11971-0959 MAR - t 2DCS March 4,2006 Dear Mr. Krupski: This letter is an application for an amendment to the attached beach stair permit issued by the Board of Trustees on April 20, 2005. I write this letter pursuant to a telephone conversation last week with Trustee Lauren. As you may recall from our meeting in November, when we attempted to construct our stair last September, we learned that we would need DEC approval, a fact of which we had been previously unaware. It has taken us approximately 6 months to obtain this approval due to some concerns about our initial design. After several required revisions, the DEC hQs finally approved an amended version of the stair which provides for rotation of the lower portion of the stair so that the foot of the stair is within 3 feet of the toe of the bluff. This was a new requirement articulated after rejection of our second submission. We are now eager to get this project underway. I trust that the Trustees will approve this revision and grant amendment approval at this time so that we may proceed with our project and get the stair in place before the coming summer season. Thanks so much for you consideration in this matter. /~SpeCtfully , fttIi:6.lJ~~ Peter and Grace Gorman _ /~Cl.tA- )J. !:J~- James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # OllOC Date May 25, 2006 THIS CERTIFIES that the beach stairs At 440 Windward Rd., Orient Suffolk County Tax Map # 14-2-30.6 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 3/30/05 pursuant to which Trustees Permit # 6110 Dated 4/20/05 Amended 3/22/06 Was issued, and conforms to all ofthe requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued ~ for beach stairs The certificate is issued to PETER & GRACE GORMAN owner of the aforesaid property. rdZ'~ Authorized Signature . James F. King, President Jill M. Doherty, Vice-President Peggy A Dickerson Dave Bergen John Holzapfel . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0110C Date May 25, 2006 beach stairs THIS CERTIFIES that the At 440 Windward Rd., Orient Suffolk County Tax Map # 14-2-30.6 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 3/30/05 pursuant to which Trustees Permit # 6110 Dated 4/20/05 Amended 3/22/06 Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for beach stairs owner of the The certificate is issued to aforesaid property. PETER & GRACE GORMAN ro<~ Authorized Signature . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Han 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 22, 2006 Mr. & Mrs. Peter Gorman 162 East 80th St. Apt. 4-C New York, NY 10021 RE: 440 WINDWARD RD., ORIENT SCTM#14-2-30.6 Dear Mr. & Mrs. Gorman: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 22, 2006: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #611 0 to rotate the lower portion of the stairs so that the foot of the stair is within 3' of the toe of the bluff, and as depicted on the plan prepared by Peter Gorman last dated October 28, 2005. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, Jamel::: ~ ~ President, Board of Trustees JFK:lms . . 95-20-1 (11/03) -9d New York State Department of Environmental Conservation e ~ e ~ NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Expiration Date ~Ojj:-j;l'J 'i\(J 1J,i\,c;T,c\ ,0L"~-c ""'''-4R...A '"\j 1!oJl"':'A~-"I..'!., J'l,,.,,,..,. Regional Permit Administrator Permit Number - NOTE: This notice is NOT a permit . RETURN THIS FORM TO: NOTIce OF COMMeNCI!MRNT'OF COft811tUCT1ON crAlANCE ~ OR FAX TO.1-444..()297 M;JlrHabltat Prot~on . . NYSIfEc Building 40 - SUNY Stony'Brook. NY 11790-2366 e. PERMIT NUMBER: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: . TELEPHONE: Deer Sir: "'--'I to G"".,." Condition tI , of the referenced pennll. you are l1erebY notllled th81 the authorized activity 8hall commence on' . We cectIfy th8I we have read the referenced pennlt and lIppI'OYed plans and fully undel'8tand the authorized project and all pennIt condltlona. We have.1n8pected the project lite and can complete the project a8 described In the pennlt and a8 depleted on the ~oved plana. We C8/ldo 10 In fuII'compllance with all pten notel and pennIt conditions. The pennll sign, pennlland approved plans will be IIVllllable at the lite fOr Inspeclfon In accordance with generel Condition No.1. . . (8olh Ilgnatures required) ISSUED TO: I PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDREds A T LEAST ntO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND !ORNIY ASSOCIATED REGULATED ACTIvmES. FAILURE TO RETURN TH/SNOTIC,E, POST THE PeRMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAIlABLE AT THE M>RK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE ,B_1 Ice AND/OR CONTRACTOR TO APPUCABLE SANCTIONS AND PENALTIES FOR NON-COMPUANCE WITH PERMIT . CONDITIONS. . OIIC!!!I!!!lI.~n~~n___.__.~_...._.... )< . .., _ )< .....nmm _.__..n_..,. NOnCE OF COMPLETION OF CONSTRUCTION I< -.......--.....--..-.....------ )< ~THIS FORM TO: COMPLIANCE Marine Habitat Protection NYSDEC . BuHdfng 40 - SUNY Stony Brook, NY 11790-2356 OR FAX TO: 631-444.:0297 e ~ . ~IT NUMBER: ~-oJECT LOCAT1ONIADDRESS: ::ONTRACTOR NAME: ADDRESS: G TELI?PHONE: .... SIr: -.nuant to Gen.,." Condition tI , of the referenoed pennll. y~ are. hereby notllled that the aU\horized activity was completed on .-- _: - n' We have' fully complied with the tenns and condltlon8 of the pennlt and apPl"llved plana. (Both 81gnature8 required) ISSUED TO: PERMITEE DATE CONTRACTOR DATE III. NOnCE, 'WJTH PHO~RA1'HS 01' THf! COIWleu .~0ItK A"I~ A COMPLETED SURVEY, AS APPROPRIATE. MUST BE :!!NT ro THE ABove ADDRESS WfrnIN 30 DAYS OF COMPLEnON OF THE PROJECT. . . 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTA SERVATION AlTIFICATION OF OTHER PERMITTEE GATIONS Item A: Permittee Accep~gal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("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 activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This 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 Contraclors 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 permittee. 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 party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Departmenl 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 Condilion 2: Relalionship of lhis Pennil to Olher Department Orders and Detenninations Unless expressly provided for by the Department, issuance of this permit does not 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 Permil Renewals or Moditicalions 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 Condilion 4: Permil MOdificalions, Suspensions and Revocalions 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 technology 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. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-02535/00003 EW YORK STATE DEPAR"TMENT OF ENVIRONMENTA SERVATlON 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 100 linear feet from the tidal wetland boundary. 3. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than one (1) week shall be contained by a continuous line of staked hay bales/silt curtain (or other NYSDEC approved method) placed on the seaward side between the fill and wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 4. The permittee shall cause all exposed faces or disturbed areas to be vegetated to prevent soil erosion prior to the project completion or expiration date of this permit, whichever comes first. 5. The stairs and or landings shall be a maximum of 4' in width and constructed a minimum of 3 feet above grade over the dune/bluff face. 6. There shall be no discharge of runoff or other effluent on, in or down the bluff face or onto the beach. 7. Alteration of the existing grade of the bluff or hill during construction of the stairway is prohibited. 8. The storage of construction equipment and materials shall be confined to upland areas landward of thecrest of the bluff or hill. DEe PERMIT NUMBER PAGE 2 of4 1-4738-02535/00003 ADDITIONAL GENE NEW YORK STATE DEPARTMENT OF ENVIRONMENTA SERVATION NDITIONS FOR ARTICLES 15 (TITLE ,24,25,34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) 1. 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 ofthe watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable 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. 3. 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 environfmentally deleterious materials associated with the project. 4. 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. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. 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. 7. If granted under 6NYCRR Part 608, the NYS Department of Environmental 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. 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. 9. 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 Peter Gorman, last revised on 10/28/05 and the crossview last revised on 2/8/06. DEe PERMIT NUMBER PAGE 3 of 4 1-4738-02535/00003 N RK STATE DEPARTMENT OF ENVIRONMEN.CONSERVATION DEC PERMIT NUMBER 1-4738-02535/00003 FACILITY/PROGRAM NUMBER(S) o EFFECTIVE DATE Februarv 15, 2006 EXPIRATION DATE(S) PERMIT Under the Environmental Conservation Law February 14, 2011 TYPE OF PERMIT. New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate o Article 15, Title 5: Protection of Waters o Article 17, Tities 7, 8: SPDES o Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management o Article 15, Title 15: Water Supply o Article 19: Air Pollution Control o Articie 15, Tilie 15: Water Transport o Article 23, Title 27: Mined Land Reclamation o Article 34: Coastal Erosion Management o Article 15, Title 15: Long Island Wells o Article 15, Title 27: Wild, Scenic and Recreational Rivers o Article 24: Freshwater Wetlands o Article 36: Floodplain Management . Article 25: Tidal Wetlands o Articles 1, 3,17,19, 27,37; 6NYCRR 380: Radiation Control o 6NYCRR 608: Water Quality Certifica- o Article 27, Title 7; 6NYCRR 360: tion Solid Waste ManaQement PERMIT ISSUED TO TELEPHONE NUMBER Peter & Grace Gorman (212) 888-7663 ADDRESS OF PERMITTEE 16.2. East 80th Street, Apt. 4C, New York, NY 10021 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Gorman Droperly, 440 Windward Road, Orient COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk . Southold Lona Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a stairway with two platforms down the bluff. All work must be done in accordance with the attached plans stamped NYSDEC approved on 2/15/06. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Geor e W. Hammarth Brook, NY 11790-2356 Februa 16 2006 Page 1 of 4 . . New York State otartment of Environmental Conservation Division of Environmental Permits Building 40 - SUNY, Stony Brook, NY 11790-2356 Telephone (631) 444-0404 Facsimile (631) 444-0360 ~ ...... ~ Denise M. Sheehan Commissioner February 16,2006 Peter & Grace Gorman 162 East 80th Street, Apt. 4C New York, NY 10021 RE: 1-4738-02535/00003 Dear Permittee: In conformance with the requirements ofthe State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing youi: 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, jj~m.~ Darleen M. Gerbino Environmental Analyst DMG/ls Enclosure KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us . JOSHUA Y. HORTON Supervisor PATRICIAA. FINNEG. TOWN ATTORNEY patricia.finnegan@town.southold.ny.us Town Hall Aonex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 13, 2005 William C. Goggins, Esq. P.O. Box 65 13105 Main Road (Route 25) Mattituck, NY 11952 RE: 440 Windward Road, Orient SeTM No. 1000-14-2-20.6 Dear Mr. Goggins: In response to your most recent letter, the Board of Trustees will accept applications from the owner(s) of the right of way, or by a third party [with the owner's written consent and authorization]. Once the application is submitted, it would be reviewed by the full Board to determine that the project meets the guidelines outlined in the Town Code. Accessibility of the right of way has not been presented as an issue in this matter. The issue has been the location of the stairs. As you know, Mr. Gorman has a valid permit for construction of stairs on his property. ~~IY yours, Lori H Montefusco Assistant Town Attorney LHM/lk ./ cc: Members of the Board of Trustees v PATRICIAA. FINNE. TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us . JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD November 30,2005 William C. Goggins, Esq. P.O. Box 65 13105 Main Road (Route 25) Mattituck, NY 11952 RE: 440 Windward Road, Orient SCTM No. 1000-14-2-20.6 Dear Mr. Goggins: In response to your letter dated November 2, 2005 to the Board of Trustees, please be advised that the Trustees have no legal basis for revoking the permit (#6110) issued for the beach stairs in connection with the above-referenced premises. Please note that the Trustees made a concerted attempt to negotiate an amicable resolution to the placement of the stairway, to no avail. Applications to the Trustees must be made by the property owner where the proposed project is located, or in the alternative, by a third party with the owner's written consent and authorization. ~UIY ~ours, Lori Hu Montefusco Assistant Town Attorney cr- LHMllk . . 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) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTH OLD November 28, 2005 William C. Goggins, P.C. 13105 Main Rd. P.O. Box 65 Mattituck, NY 11952 RE: 440 Windward Rd., Orient SCTM#14-2-20.6 Dear Mr. Goggins: In response to your letter dated November 2, 2005, the Board of Trustees has recently been in contact with the owner of the above-referenced property and has referred the matter to the Town Attorney. We will contact you as we receive a response. Very truly yours, b~.-f 9. ~.c}. Albert J. Krupski, Jr., President Board of Trustees AJK:lms 11/02/2005 15:36 63.4211 WILLIAM C ~NS PC PAGE 01 WILLIAM C. GOGGINS, P.e. AITORNEY AND COUNSELOR AT LAW 13105 Main Road P.O. Box 65 Mattituck, New Yark 11952 Phone: (631) 298>4200 Fax: (631) 2984214 WILLIAM C. GOGGINS Via Fax 765~6641 November 2, 2005 DONNA M. PALME~ P.",,/.go1 -, Board of Trustees of the Town ofSouthold P.O. Box 1179 Southold, New York 11971 I " Re: I Soundview Farms; ~ Premises: 440 Windward Road, Orient, New Yo Permit to erect stairs to beach 1000-014.00-02.00-030.006 I L~V -2;~5 T\ '.~ .-------- Dear SirlMadam: As of this date, we have not heard from the Trustees regarding their acceptance or non acceptance of an application by the lot owners of Winward Road to install a set of steps along their right of way to the sound beach. Please be reminded that the owner of the land subject to the right of way is Peter Goonan. Please advise. trJrT WIlLIAM C. GO S WCG/dmp ~ . . 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) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 7, 2005 Peter and Grace Gorman 162 East 80th Street, Apt 4C New York, NY 10021 Re: 440 Windward Road, Orient Wetland Permit # 6110 Beach stairs permit Dear Mr. And Mrs. Gorman: There have been some questions that have arisen concerning the proposed location of the beach stairs at the above referenced property. Residents of your community have come before our Board and expressed their concern about access to the beach. It has come to our attention that there is a right of way over your property. The right of way may be an environmentally preferable location for the stairs. Kindly contact this office to discuss this matter further. Very Truly Yours, t1U~. I 9- ~"794-J..' t} . Albert J. Krupski, Jr. President, Board of Trustees AJKJhkc lONa .lSl4Nj) S.7.7'~"" SOll.N.;'lJ <J, 01 "E: ~ CO.I 1..l2: ~ ~I 01 ~ ~I t:1 !!l rill ~ ~I 2: ~I gj ~\ lifx-~x ~LL r ~ ~II PAno r- -<j o UNDERGROUND PROPANE TANk 28 ~. \ AlH.w.M. N "'Q~a!~ I ~n~ . llfjl.... <: 0:.,: 0\ K1:::j~:r Vl~ ~ ~ \ r--<r- Cllii\ :tJ~ \ PIPE 2: d ~ )0 2: )0 c;) AJ IT1 c;) ~ POOl EQUIP. ~ 01 ~ PIPE 0.6'S <: Ul'" ~~ e~ . . ~ .f4~ ~04.b ANY ALTERATION OR ADDITlON TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STA TE EDUCA T10N LA W. EXCEPT AS PER SECTION 7209-SUBDiVlSION 2 ALL CERTIFICATIONS HEREON ARE VALiD FOR THIS MAP AND COPIES THEREOF ONL Y IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA TURE APPEARS HEREON SUFFOLK COUNTY HEAL TH DEPT. REFERENCE NUMBER R10-99-0256 #.;Yll_ . ~r.4< 8017; "" Q<- 8""'k SURVEY OF PROPERTY A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y: 1000-14-02-30.6 SCALE' 1"=40' MARCH 15, 2004 JUNE 2, 2004 (FND TN. LOG.) JUNE 28, 2005 (FINAL) 7Cjo Q<- e,ofN-r MON. (/) 01 ~ -\>. o o . IT1 " is , HOT ruB 2: d ~ )0 2: 2: )0 Ill> \l IT1 :ti o (/) =" o c: c;) ITl 2: i! =" Vi "" ..r~ ");j 1 I SCREENED -'< PORCH 21.4' 24.4-' 4j <i t.l <0 ~ Ol Vol ELECTRIC ~ )~R Ot UNDERGROUND UTlLmES ",Q BRICK WI< Y DRIv€ .30' R.O.W. 'o':rs X S86'29'40.W 125.00' r eLF I I N/O/F NICHOLAS & SHIRLEY E. I I I ) / / / KARAS t.l o ::0 P ~ WELL S.T. L.P. 7 80.6 60 76' 79 49' 2 3 45.3 ~~ . '\?~ AREA=47,653 SQ. FT. TO nE LINE 04-128 / SOo? "~1 .I