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Home My WebLink AboutBayview Development CorpJUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southeld, New York 11971 TELEPHONE (516) 76.5-1801 October 23, 1985 Jeffrey D. Forchelli, Esq. 120 Mineola Boulevard P. O. Box 31 Mineola, New York 11501 Dear Mr. Forchelli: Enclosed herewith is a certified copy of a resolution adopted by the Southold Town Board on October 22, 1985 with respect to the petition of Bayview Development Corp. for a Wetlands Permit. Very lruly yours, Southold Town Clerk Enclosure cc: Board of Town Trustees/ Conservation Advisory Council JUDITH T. TERRY TOWN CLERK R]EG[STR&R OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22~ 1985: WHEREAS, the Town Board of the Town of Southold, by resolution dated July'31, 1984, issued a Notice of Significant Effect on the Environment with respect to the application of Bayview Development Corporation for a Wetlands Permit~ and requested said applicant to submit a Draft Environmental Impact Statement, and WHEREAS, Bayview Development Corporation has failed to submit said Draft Environmental Impact Statement to date~ now, there- fore~ be it RESOLVED that if the said Draft Environmental Impact Statement is not received by November 22, 1985, Wetland Application No. 204, by Bayview Development Corporation, shall be deemed with- drawn~ and all concerned agencies notified. ud~th T. Terry ~ Southold Town Clerk ARMAND P D'AMATO* JEFFREY D FORCHELL[* JACK L. LIBERT* PETERA IOVINO° DONALD JAY SCHWARTZ* PETER R. MINEO* THOMAS d DUNCAN* RICHARD C. GOLDBERG*° STEPHEN GUARNERI * PETER ALPERT* D'AMATO, FORCHELLI, LIBEKT, IOVINO, SCHWARTZ g MINI:O June 10, 1985 WASHINGTON OFFICE 1735 NEkV YORK AVENUE, N. W WASHINGTON, D C. 20006 (202) 783-4802 OF COUNSEL Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 Attention: Mr. Henry P. Smith President Dear Mr. RE: Smith: Bayview Development Corp. Sage Property I am in receipt of your recent letter regarding the above. Our current application does not seek any of the things which your regulations require a permit for. In addition, we do not know, at this time, whether or not the Board of Zoning Appeals will grant the variances which we requested. In any event, once the Board of Zoning Appe~ acts, I will be happy to provide you with all information regar~ing~our applications in order to determine whether or not we need a~erm~t. Ver~ truly yc~rs// JDF/js FOR INFORMATION REGARDING THE WETLAND APPLICATION N0. 204 for BAYVIEW DEVELOPMENT CORPORATION. After checking the status of the Wetland Application No. 204, I have been advised that the Town Board has made a significant determination on the application and requested a Draft Environmental Impact Statement. Therefore, would it be correct to ask for a new application for the dredging when the first application has not been acted upon. Maybe you would like to ask Mr. Tasker for his opinion before sending the letter and application? All of the dredging was part of the origional application that was submitted. FOR INFORMATION BAYVIEW DEVELOPMENT CORP. - WETLAND APPLICATION Please be advised that the Town Board has declared that the original application of the Bayview Development Corp. would have a significant effect on the environment (See Attached) they have asked for a DEIS. Therefore the trustees can not act on this application at this time. JUDITII T. *fERRY TO~q CLERK R£GISTRAROI VITALS1 \lISrl¢'S OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD August 29, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Jeffrey D. Forchelli, Esq. P. O. Box 31 120 Mineola Boulevard Mineola, New York 11501 Dear Mr. Forchelli: The Town Board reviewed your amended Bayview Development Corp. Wetland Application at their August 28th work session, and it is their decision that the Notice of Significant Effect on the Environment remain in effect and a Draft Environmental Impact Statement is still required. Very truly yours, Judith T. Terry Southold Town Clerk JUDITIIT TFRRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE To: Board of Town Trustees Conservation Advisory Council From: Judith T. Terry, Town Clerk Re: Amended Wetland Application - Bayview Development Corp. Does the Board of Town Trustees and-Conservation Advisory Council have a further recommendation with respect to the attached amended Wetland Application? JUDII-H T IERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: July 31, .1984 Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action described below is a Type I action and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION Application of Jeffrey D. Forchelli, for Bayview Development Corp., for a Wetland Permit to dredge and remove +100 yds. of fill from existing boat basin and channel on property located on Corey Creek, at the west side of Bayview Road, Southold, New York. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: Charles T. Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Southold Town Trustees~ Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Jeffrey D. Forchelli, for Bayview Development Corp. Suffolk County Department of Health Services BOARD OF TO~'N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197l July 19, 1984 TELEPHONE (516) 765-1892 Mrs. Judith T. Terry Town Clerk Town Hall Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on July 18, 1984: RESOLVED to recommend to the Town Board to disapprove without prejudice, the Wetland Application No. 204 submitted by the Bayview Development Corp., because of the work that has been done without proper Wetland and Trustee Permits. The Trustees feel this is Wetland area, and will not take action until such violations are satisfied. Very truly yours, Henry P. Smith, President Board of Town Trust~es -- Ilene Pfifferling Secretary to Board SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. June 26, 1984 Mrs. Judith Terry Town Clerk Main Road Southold, NY 11971 Dear Mrs. Terry: The following action was taken by the Conservation Advisory Council at a regular meeting held Tuesday, June 26, 1984. RESOLVED to recommend to the Southold Town Bjoard approval of the wetland application #202 submitted by Costello Marine Contract- ing Corp. on behalf of Anthony Tamburrino to construct 100' wooded CCA bulkhead above MHW and backfill with 150 cu. yds. sand to be trucked in. Southold. The Conservation Advisory Council has recommended that the application submitted by Ba~y_~w De¥~pm~%.~orp~4~ not be approved. Dredging should be limited. There is spartina grass growing in front of the bulkhead which will be destroyed if there is any further dredging in that area. Spartina grass should be planted around the return. All spoil should be re- moved and placed upland to protect the area from any further erosion. RESOLVED to recommend to the Southold Town Board approval of the wetland application #205 submitted by Thomas D. MacDougall to construct a deck and ramp. Respectfully submitted, FRANK CICHANOWICZ, CHAIRMAN sseau, Secretary D'AMATO, FOR_CHELLI, LiB£P,.T, SCHWARTZ, MINEO r~ WEINSTEIN COUNSELORS AT L,~,W I~0 MINEOLA BOULEVARD P O BOX 31 MINEOLA, NEW YORK IlS0l (516) 248 - 1700 ARMAND P D'AMATO JEFFREY D. FORCHELLI JACK L. LIBERT DONALD JAY SCHWARTZ PETER R. MINEO KENNETH d WE[NSTE[N THOMAS d DUNCAN RICHARD C. GOLDBERG 5TEPHElq GUAR.N E Rl PETER ALPER/ Board of Town Trustees Town of Southold Main Road Southold, New York 11971 August 16, 1984 Southold Town Conservation Advisory Council Southold, New York 11971 Town Board Town of Southold Southold, New York 11971 Re: Application of Bayview Development Corp. Premises: Main Bayview Road Southold, NY 11971 Dear Sirs: I am writing this letter to each of you in an attempt to clear up the difficulty with regard to certain dredging that has been done at the Cove Motel on Main Bayview Road. The property is presently owned by Bayview Development Corp., of which I am an Officer, Director and Shareholder. The property is presently occupied by the former owners. They are operating a motel. In June I was advised by the Town that the tenants had done certain dredging, and a permit had not been secured from the Town (apparently they had a DEC permit that expired). I immediately advised the tenant to cease the work, and I filed an application with the Town Board for a Wetlands Permit. After an initial determination of non-significance, the Town Board has now made a finding that there would be a significant effect on the environment. D'AMAYO, FORCHELLI, LIBEKT, SCHNAKTZ, MINEO ~ WEINSTEIN COUNSELOK5 AT LAX~~ Board of Town Trustees Town of Southold Southold Town Conservation Advisory Council Town Board Town of Southold August 16, 1984 Page Two With this letter I am filing an amended application to the Town Board, and I am also filing an application to the Board of Town Trustees. The application is different from the original application in that the scope of the project is reduced. Approval is sought for work that has been completed. However, no new work will be done. We would also offer to restore the status quo before the dredging if that were required. I trust you will review this application and reconsider the prior decisions. I would like to point out Lha5 we will be cooperative in any way possible and will do what is required in order to rectify the situation. If restoration of the property prior to the dredging is required, we will do it. If planting of spartina grass is required, we will do that also. I would als.o be happy to mee~w~th any of your Boards at your convenience. [ I~ Very~truly yolr~ A / ' JDF: dbc TO¥,'N OF SOUTHOLD SHORT EHVIRO~;MENTAL ASSESS~4ENT FORk~ I~STRUCTIONS: --' (~) in order to answer the questions in this short EAF it ~.s aSsumec that the preparer wilt use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) IF any question has been ans~*ered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) IF ail questions hove been answered No it is likely that this project is not significant. (dj Environmental Assessment I. Will project result in a large physical change to the project site or physically aitez more than I0 acres of land? ....................... Yes × No 2. W111 there be a major change to any unique or unusue! land Form found on the site? ......... Yes × No 3. Will project a~ter or hove a large effect on exls~ing body of water? ...................... Yes X No 4. W£11 project have a potent£olly large impact on groundwater quality? ...................... Yes × No 5. W£11 project sign£Ficon¢ly effect drainage Flow on adjacen~ sites? . Yes × No ~. ~£11 project affect any threatened or -' endangered p~ont or animal species? .......... Yes × No 7. W£11 project ~esul~ in a ma~or adverse effect ' - on air quality? .............................. Yes × No 8. I'lL11 project have a major effect on visual " character of the community or scenic vlews or vistas known to be important to the communZLy? Yes × No ~. ¥1itl project adversely impact any s£te or structure of historic~ prehistoric or paleontological importance or any siLe designated as a critical envlronmenta~ area by a local agency? ......... -.- · ,' ' · ¥'.. ~' Yes × N 10. Will project have a bajor effect on existing or Future recreational opportunities? ......... Yes × No 11. WLll project result in major traffic problems or cause a majo~ effect to existing transportation systems? ....................... Yes × No 12. W£11 project regularly cause objectionable 'odors, noise, glare, v~bratlon, or electrical disturbance as a result o£ the project's operation? .................................... Yes × No 13. Will project have any impact on public health or safety? .................................... Yes × No 14. ¥Iill project effect the existing community by directly causing a growth in permanent populat£on of mare than $ percent over a one yea~ period or have a major .negative effect on the cheroOt'er of the community or neighborhood? ............ ~ .................... Yes × No 15. [s there public controve'?s~ concerning the project? .............. ~-~,'-, ..... ~ ............. __Yes × No / REPRESEtlTING_ t~,AY'v'IE~/D~M~CO~, DATE ~u~t 16. t984 F .5 CHOGUE Town Of Southold Tow- Clerk's Office $outholcl, N. Y. "AMENDED" APPLICATION FOR WETLA-NDS PERS{1T Application No ................................ Date of Application Au~..u. st 16, 1984 Identity of Applicant I~A.y.v.I. EW .D..E.V..ELOP...M~.NT CORP. . C/O Jeffrey D. Forchelli, Esq. Address of Applicant ~.P.~n~..~.~.~..~9~MirLe9..~..~a"~.B.~.e.~.a~..~d.~:~.~"..e~...~..a.~: ,..N~.....1..1..5.0...1 ......... INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by written permission from the owner of the property if not the same as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application.') ..- .-~ C. No operation shall be initiated by the applicant until oil permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $50.00 shall accompany the application. This filing fee includes one inspection: there is a $5.00 fee for each additional inspection. H. The Town Board upon request of 'r_he applicant for a permit, may waive in whole or in part, the provisicns of Article II, Section DT-21subdivisions(D) and(G) where it finds that nature of the proposed operations are such that the requirements of such provisions are not necess6ry for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. Examined .................................................. 19 ....... Appro ed · · Disapproved .................................................. C~.~ition% ;f a.rtv .................. ,,,,,,,, ................................ , ...................................... .. .., . ........ ...,..... . Examining Body ......................... Signature of Chairman ................................................................................................................. APPLICATION IS HEREBY MADE to the Town B~rd of the Town of Southold, Suffolk Count, New York, for the issuance of a pe~it pu~uant to the Laws, Ordinances and Regulations gove~ lng the Coastal and Interior WetJands, FIo~ Plains and Drainage Areas of the Town of Southold: Permit requested to ..~r~ ~d c~l. Location of prope~ for which permit wanted...~..~..~n..~&..~..~..~1) Home address of permit appl;cant if different from aforesaid I~otJon ..~..~~..~., Creek, Bay or Ha~or fronting prope~ ...~DX~..~ ....................................................................... Size of proposed work: k~gth ......... 1DO..f~ ............................................................................................................................... Width ........... ~..It .............................................................................................................................. Height Above High Water ..... A..f~ ..................................................................................................... Depth Below Low Water .......... 5..fk ................................................................................. ] ................... Yards to be ~covoted ........ ~..~ ..................................................................................................... N/A Yards to be Fill~ ............................... ~ ..................................................................................... Width of canal, creek or bay fronting prope~....3~.-~., ................................................................. Depth at Low Tide 2 ft~ -,R~ ~cr~ to 5 ft. + ~ '' , Average Rise in Tide ...... 2.~.. ~., ...................................... ' ......................... ~ ........................................... Is this for private or business use? ...~..o, ,s,,,.e~,.,.i,,c,.e, .,d,,c~,.,k,. ,a,,,t...02..y.e Mote]. ' Area Zoning ...... ~'c', ,1 ......................................................... Mcnner in which material will be removed or deposited stored o~ site Intended use of property ........... Ccz~..l~P:tl~l . . ............... Written consent of owner of property, if not the some as the applicant .~g~:x. l(,~n~-~r~n .~. .......... .~ ~, ~.. ~e~e~..J~, .~.Qrc. m~l,l~,....E.~,.,...~ ..~ .f..i.~ ,...~.o.~ ..~.d...~ .r. of .A~...licant. ' COUNTY OF IxII~SS~U ) STATE OF NEW ~'ORK ) SS: d~:~1:'REY D. F~.T.I ..................................................................................................................... being duly sworn deposes and soys that he is the applicant for the above described permit, and ti herein are true to the best of his knowledge and belief; that the work wil forth in this application and as may be approved by the Town Boarc The applicant agrees to hold the Town of Southold and the Town Boc any and all damages and claims arising under or,vi irlr~.e(~'i · p~e · . . Sworn to before me this ..... .~6....'~.. ................... '~e~ll statements contained done in the manner set of t}~e Town of Southo!d. 'd/h~rml~s% and free from FORC~,T.I STEPHEN GIJARNERI NOTARY ~.LI3~New Yefk ........ ~4ii~i~'~'10,'1'16:'~' .................... ~ ................................... New YorkSMte DepirtmenteEnvlronmen~l Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 Conservation Heftry (]. Commissioner Jul), 31, 1984 Mr. Bennett Orlowski Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 RE: 10-83-1485 Bay View Ventures Dear Mr. Orlowski: In response to your letter of July 17, 1984, this office wishes to advise your agency that as a result of field inspections on the site, some modifications to the wetland line have been made to the tidal wetlands line on a revised survey for this project. The revised survey which shows the tidal wetlands line as determined by DEC staff has the latest revised date of April 9, 1984. Please request a copy of this revised survey from Mr. Thomas Gill. Very truly yours, Robert N. Thurber Senior Environmontal Analyst RNT:co's cc: T. Gill H. P. Smith BOARD OF TOWN TRt'STEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE {516) 765-1892 July 19, 1984 Mrs. Judith T. Terry Town Clerk Town Hall Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on July 18, 1984: RESOLVED to recommend to the Town Board to disapprove without prejudice, the Wetland Application No. 204 submitted by the Bayview Development Corp., because of the work that has been done without proper Wetland and Trustee Permi%s. The Trustees feel this is Wetland area, and will not take action until such violations are satisfied. Very truly yours, Henry P. Smith, President Board of Town Trustees -- Ilene Pfifferling Secretary to Board July 24, 1984 INFORMATION - RE: BAYVIEW DEVELOPMENT CORP. WETLAND APPL ~204 'A~ 24, (Freshwater Wetla~s) ~ ARTICLE 25, (Tidal Wetlands) PERMIT ISSUED TO T}{E COVE (ROBERT TURNER. et. al.) Terry Latham(Sand & Gravel) ADDRESS OF ' M~ B.VV~IeW 19d.. Southold. 1~. Y. 11971/ Mm~ Road. Or,Lent. N. LOCATION OF PRCHECT (Sectio~ of stream, tidal ~et~and, dam, buildi6g) ' ' ;'gOJECT ~ ~----- FIA COMMUNITY ~of Fomer Koke Estate now 0~NERAL NO. DAM NO. ,/~RMIT EXPIRATION DATE >'~ 8. That the State of New York shall in no case ne iidUie .or any damage or injury to the structure or work herein authorized which may be caused by o resull from future operations undertaken by the State for the conservation or imlrovement of navigation, or for other purposes, and no claim or right tc compensation shall accrue from any such damage. 9. That if the display of lights'and signals on any work hereby autho{ize~ is not otherwise provided for by law, such lights and sisnals as may be pre- scribed by Ihe United States Coast Guard shall be installed and maintainec by and at Ihe expense of Ihe owner. 10. All work carried oul under this permit shall be performed in actor. dance wilh established engineerin8 Ixactice and.in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department'feserves the righ to reconsider this approval at any time and afler due notice and hearin8 continue, rescind or modify this permit in such a manner as may be found be iust and equitable. If upon the expiration or revocalion of this permit, th~ modification of the wetland hereby authorized has not been completed, applicant shall, without expense to the State, and to such extent and in suet time and manner as the Department of Environmental Conservation may require remove all or any portion of the uncompleted structure or fill and restore th( site to its foyer condition. No claim shall be made against the State of Ney York on accour~ of any such removal or alteration, r 12. Thisperi~tper it shall not be construed as conveying to the applicant an righ{ to trespass~pon the lands or interfere with the riparian rights of otber~ to perform the pernYrtted work or as authorizing the impairment of any rights, ' title or interest in real or personal property held or veslecl in a person not a party to the permil. 13. The permittee is responsible fm obiaining any other permils, ap- provals, lands, easements and rights-of-way which may be required for thh project. - · 14. If granted under Article 36, this permit is 8ranfed solely on the basi~ of the requirements of Article 36 of fhe Environmental Conservation La, w am Part SO0 of 6 NYCRR (Construction in Flood Plain Areas havinl Sbecial' Flooc Hazards - Building Permils) and in no way stinifies Ihat the projecl will b~ free from flondini. 15. By acceptance of {his permil Ihe permitfee agrees that the portal' is contingent upon stricl compliance with Ibe special conditions on th, reverse side. (SEE REVERSE SIDE) SPECIAL CONDITIONS A though J, K, M, P attached DJLtc~ c.c, LAW KI~:IRCB~IENT attacl~nento receipt APPLICATION NO. 2. APPUCANT IS A/AN [] Individual [] Partnership I~ Association ~/Corporahon [] Municipality [] Governmental Agency OFFICIAL,SIGNING APPLICATION ,-' r -- I PHONE OR P. O. BOX POST OFFICE STATE 4. NAME ~J~DDRESS OF OWNER " ( , ~ OR e. o. ,ox post OFP,CE irap- See Item Sb) \ ~ J PttONE 3-/~ · ?~- - I~GK STATE /~'~ ZIP CODE //9 7/ J e.. LLUT UZ STATE ~NED LAND~ ~ Yes ~ NO b) Specific project site a~ area Is marked on U,S.G.S. or equivalent Jr, ap, attached as Exhibit No. 7. PROPOSED USE: [] Private 8. PROPOSED STARTING DATE: J 9. APPROXIMATE COMPLETION DATE lj--JPubJJc ~Commercial C'JL~c~ ~,O J a~,~l ]1, I1. P~OJECT DESCRIPTION: (Feet ol rip-rap new channel; cubic yards of mah,rlal to be removed; draining, dredging, filling, and Io~ation of dislmsal sites; type of structure to be instalb, l; height of dam; size of impoundment; capacities of proposed, water sources; extent of distribution system; etc.) 10. FE'E OF s Ib~OENCLOSED 12. This project wilt require [he Iollowing additional permits, applications for which"are the responsibility of others: f-I DAM [] DOCK [] STREAM DISTURBANCE J~ 5PDES/NPDE5 [] ~TER SUPPLY [] L. I. WELLS [] FRESHWATER WETLANDS [] TIDAL WETLANDS 13. NAME AND ADDRESS OF OFFICIAL NEWSPAPER OF LOCALITY WHERE PROPOSED WORKS ARE LOCATED:~'.- ,- ,, o , ,, , E..-e....,o.,,,-, ,,v:.x. 14. IS ANY pORTION OF THE ACTIVITY FOR WHICtl A PERMIT IS SOUGHT NOV/ BEGUN OR COMPLETE? [] Yes ,~ NO "~, ' , ' I1 "YES", explain in addenda, giving reasons and dates, and show existing work on drawings or map. ' ' ' here ~ '~'c~:4/~'C'~ ~C I hereby affirm under penalty of perjury that informatflo~ provided on this torm and all attachments submitted with is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A ,¥ misdemeanor pursuant to Section 210.45 of the Penal Law. As a condition to the issuaR~e o~1 permit, the avphcant accepts tull legal responsibility for all damage, direct or Indirect, of whaleve~ natme, ,~nd by whomever sutlered, arising out of the project described herein and agrees to Indemmfy anu save harmless the Slate trom suits, actions, damages and costs o~ every name and description resulting from the said project. DATE J - SIGNATURE 15-1~-2 (4/80) -SEE REVERSE SIDE- AJ DEC ~ SUPPLL~..VNTP~Y SPECIAL COIDITIOI!C The following conditions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of Eegulatory Affairs at the address and telephone noted below. A copy of this permit or approval and approved project plans and supplement- ary conditions shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of approval letter shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. At least 4~ hours prior to comencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submiss- ion of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatinf, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District, 26 Federal Plaza, New York ~ 10007, (Attention Regulatory Functions Branch), prior to commencing work authorized herein. The granting of this permit does not relieve the permittee of the responsib- ility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, ~ 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator ~'~S Department of Environmental Cons. Bldg. 40, S~Uf--Room 21~ Stony Brook, ~ 11794 (516) 751-7900 The following conditions shall apply if checked as apDlicable by the Regional Per-~it Administrator: K. All dredging shall be conducted so as to leave a uniform bottom elevation free of mounds or holes. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Government Dumping Ground, as directed by the District Engineer, U.S. Department of the Army, Corps of Engineers. Any spoil material not intended for such water dis- posal shall be removed from the site and disposed of at an approved upland site. All fill and spoil material shall be suitably contained at the work site so as to prevent its eroding, leaching or otherwise entartng into adjacent wetlands and waterways. All peripheral rip-rap berms, cofferdams, rock revetments, gabions, bulkheads, etc. shall be completed prior to placement of any fill material behind such structures. AiL repairs to existing structures shall be confined to replacement of exist~ing structural ~ents with no change in .design, Mimeas~on~ or materials, u~less specifically authorized herein. ~?~ .The following Water Quality Certification shall-apply-~f req~iz~d by one or more agencies of the United States Govarmmemt and if . __-.checked as applicable by the Regional Permit Administrators.: In.accordancewith Section 401(a)(1) of the Clean. Waters Ac~-of '" _. 1977 (PL 95-217) thc New York State Department of Envi~u~.ntal -. _.Censervation hereby certifies that the subject project p.-x~posal will not contravene effluent Limitations or other ]~m~tatJuml~'o= stan~nrds- .... - -nd,r-Sections-301, 302, 303, 306 or 307 or the Act. · DATE., Daniel J. Larkin, P.E. RegionzhPermi[~Mm~-~rator Division of Regulatory Affairs }~S Depart-men~ o£_E~lromnem~l Conservation 'Building 40, SU~--RDom. 219 Stony Brook, NY 11794 (516) 751-7900' - .......... A regular meeting of the Southold Town Conservation Advisory Council was held at 7:30 p.m. on Tuesday, June 26, 1984 at Southold Town Hall, Main Road, Southold. Present were: Frank Cichanowicz William Ruland Betty Wells Robert Hood John Tuthill Absent were: Rachel Duell Martin Garrell On motion made by John Tuthill, seconded by Robert Hood RESOLVED to recommend to the Southold Town Board approval of the wetland application #202 submitted by Costello Marine Contracting Corp. on behalf of Anthony Tamburrino to construct 100' wooded CCA bulkhead above MHW and backfill with 150 cu. yds. sand to be trucked in. Southold. Vote of Council: Ayes: Ail The Conservation Advisory Council h~s recommended that the application #204, submitted by Bayview Development Corp. not be approved. Dredging should be limited. There is spartina grass growing in front of the fulkhead which will be destroyed if there is any further dredging in that area. Spartina grass should be planted around the return. All spoil should be removed and placed upland to protect the area from any further erosion. Vote of Council: Ayes: Ail RESOLVED to recommend to the Southold Town Board approval of the wetland application ~205 submitted by Thomas D. MacDougall to construct a deck and ramp. Vote of Council: Ayes: Ail f~ submitted, _ usseau, Secretary JUDITHT TFRRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TFLEPHONE (516~ 765-1801 Mr. Henry P. Smith, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Smith: Transmitted herewith is application no. 204 for a Wetland Permit submitted by Bayview Development Corp. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry Southold Town Clerk Attachment Town 0I Southold Town Clerk's Office Southold, N. Y. JUN 1 1984 APPLICATION FOR WETLANDS PERMIT \ Date of Application ..........4.u..n..e....1.~.,.....1.?...8..4. ....... Identity of Applicant ......... B.R¥¥:/:E.W...D]~ET~ORP. X. Nff'...CflRP .......................................... [ .............. A,Sdress of App,canta. .... Boulevard, Mineola, NY 11501 INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by written- permission from the owner of the property if not the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse ~_ide of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached ~o the Permit Application.) C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the' work i~ completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of o private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of sur~ey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. I=. A statement must accompany the application describing any known prior operations conducted on the premises in quest[on and whether any prior licenses or permits have been issued to erect structures or to dredge ar deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $50.00 shall accompany the application. This filing fee includes one inspection. there is a $5.00 fee for each additional inspection. H. The Town Board upon request of the applicant for a permit, may waive in ~/hole or in port, the provisicns of Article II, Section 97-2~lsubdivisions(D)and(G)where it finds that nature o~ the proposed operations are such that 'the requirements of such provisions are not necessary far o proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue o permit to the applicant. Such permit shall be available for inspection at any time, upon request. Examined .................................................. 19 ....... Approved ............................................................ Disapproved ......................................................... ;- Cn.,~,41tion% ;f oo.~! ......................................................... Examining Body .............................................................................................................................. Signature of Chairman ........................................................................................................................ APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk Counb/, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to ...r~m:~v~...~..10.0...y~cds..of-..fi 1.l .,f~c.c~..~,x,~.t;,~n,~.J;~..~..,l~..s..'.z~......a~..~...c..h.~.e.l Location of property for which permit wanted~Lvka.j~j~]y~..~;~R~`~.~...~...~.~.c1.~(.C~.~..V..e.~'.F~.~e..]:~ Home address of permit applicant if different from aforesaid IocaHon .,.,B~z~a~..Deuelo[~t~-n~...Coz'p. Creek, Bay or Harbor fronting property .......... Coz-~..~cz:ee.k ................................................................ Size of proposed work: Length ........ .]: .0..0....ff...e~..~ ............................................................................................ ' ................................. Width 20 feet Height Above High Water .....6....f....e~..~. .................................................................................................... Depth Below Low Water ........ ..5....E...e~..,~. ................................................................................................... Yards to be Excavated .......... .z+....1.0.,0...E..e..e..t: ............................................................................................ Yards to be Filled .................. ..N../'~ .......................................................................................................... Width of canal, creek or bay. fronting property.....30,.E, ee~. .............................................................. Depth at Low Tide ..... ~..;~.~--.-=.J2~9 .~..~...'.z~...c.~.e..a.,~..:..t~.....5...~..e~...~. ............... ~ ..................................... Average Rise in Tide ..... ::..~...~[~..~. ................................... ' ......................... ~ ........................................... Is this for private or business use? ..'DP. S~-'4. J, Cf~ ~.(~..~:..g.9..v..e....~.~....t~..e..]-. ........... ~.i ................. Area Zoning ....... ~.,'c-. '1 .......................................................................................................................... Mcnner in which material will be removed or deposited ....s+-,4~cec]..~..sJ.t:.~ ................................... Intended use of property ...... .~...oy...e...,Hq..~..e..];. ............................................................................................... Written consent of owner of property, if not the same as the applicant ........................................ ....a~?~..z..t,, ,~q~ .~ .. ......................................................................................................... · ................................... COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ............................... ~'Z~-~...D..,..~..O.~.'.T.'.Z. ............................................. being duly sworn deposes and soys that he is the applicant for the a~ove described permit, and that ~ll~totements contained herein are true to the best of his knowledge and belief; that the work will be do'pa in the manner set forth in this application and as may be approved by the Town Board of tFJe Tcym/of $outho]d. The applicant agrees to hold the Town of Southold c the//TS~ Board h~mles~pd free fr~m any and all damages and claims arising under or by u~ sa~ If gr~ht~d. day of ............... ~e ............................ , 19.~ .... ............... ...................... .......... MAR~R~ ~ K~N ~TARY ~UBUC, StYe ~ N~ ~ No. 52~7~ ~ ~ll[~ In ~ ~ ~ ~mi~n ~ M~ ~ 1 ~' TOWN OF SOUTHOLD ENVI RONktENTAL ASSESSt4EN~FOR~ INSTRUCTIONS: (O) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (dj Environmental Assessment 1. Will project re'sult in o large physical change to the project site or physically alter more than 10 acres of land? ....................... Yes X No 2. Will there be o major change to any unique or unusual land form found on the site? ......... Yes X No 3. Will project alter or have a large effect on existing body of water? ...................... Yms x No 4. Will project have o potentially large impact groundwate'r quality? Yes × No 5. Will project significantly effect drainage flow on adjacent sites?..' ...... ' .............. Yes X No 6. Will project affect any threatened or endangered plant or onlmol species? .......... Yes × No 7. Will pro3ect result in o major adverse effect on air quality? .............................. Yes × No 8. Will project hove o major effect on visual character of the community or scenic views or vistas known to be important to the community?. Yes X No .. ~. V/ill project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental oreo by a local agency? .... .. ..... . -.~.....-~-.v-....~..~' Yes × No la. Will project hove a bajor effect on existing or future ~ecreational opportunities? ......... Yes ×No ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? ....................... Yes XNo 12. Will project regularly cause objectionable odors~ noise~ glore~ vlbrot£on~ or electrical disturbance as o result of the project's '~ operation? .................................... Yes ×No 13. Will project have any impact on public health or.safety? .................................... Yes ×No 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or hove a major negative effect on the character of the comau-miry or neighborhood? ............. ~..~,. ............... __Yes ZNo 15. Is there public cbntrover:Fy cdncerning the project? .................... ................. __Yes ×No PREPARER'S SIGNATURE 6 ~FF%~Y ~- FORCHELLI REPRESENTING n~WrT~[~n~v~r,6P~N~ CO}:P. DATE June 18, 1984 JUSTICE: COURT TOWN OF SOUTHOLD NEW YORK WILLIAM H. PRICE, JR. JUSTICE COURT According to my records, Bayview Development Corp. plead guilty to having committed the offense of conducting operations on wetlands in the Town of Southold, without first obtaining a written permit issued by the authority of the Southold ~own Board in violation of the Code of the Town of Southold (Wetlands) Section 97-20, on November 9th, 1984 through attorney Jeffrey D. Forchelli, and paid a fine of $50.00. The charge against Bayview Resorts, Inc. was dismissed in satisfaction. The case against Harbor Lights Property Owners Association, Inc., was held on Nove::~er 9th, 1984. At that time, George Koch plead guilty through attorney Michael Hall, for the corporation and was fined $50.00. The case against Robert F. Hall, and William Cole, was dismissed in satisfaction. Barbara M. Andrade Justice Court Clerk , O0 '9/ , OIo£Z'~ ~,,2~,9 ~BOk ~3N ,( '~ 9NnOAe 9NnOk ON/ ' gSSINUN3iN3 DNIHHOW