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HomeMy WebLinkAboutBayview Development Corp (2)· JACK L. L[BER`T* DONALD dAY .SCHWARTZ* PETER.R M[NEO* D'AMATO, FORCHELLI, LIBEKT, SCHWARTZ g MINEO COUN.SELOKS AT LAW 120 MINEOLA BOULEVARD P. O. BOX 31 MINEOLA, NEW YORK 11501 (516) 248 - [700 October 28, 1985 WASHINGTON OFFICE 1735 NEWYOR`K AVENUE, N W WASHINGTON, D.C 20006 (202) 783-4802 OF COUNSEL JAMES W. ROBERT A MELILLO* Honorable Judith T. Terry Town Clerk Town of Southold Southold, New York 11971 RE: Wetlands Permit Bayview Development Corp. Main Bayview Rd., Southold, NY Dear Mrs. Terry: In connection with your letter of Octo~ 22, 1985, on behalf of Bayview Development Corp., I hereb~ w~thdraw the application submitted. / // Very truly you:'s~ JUDITH T. TERRY TO~ CLERK REGISTRAR OF VITAI~ STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Roa P.O. Box 728 Southold, New York 1197t 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 EffecE on the Environment with respect to the application of Bayview Development Corporation for a %Vetlands 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, Ehere- fore, be it RESOLVED that if the said Draft Environmental Impact Statement is not received by November 22, 1985, Wetland Application ?~o. 204, by Bayview Development Corporation, shall be deemed ~%-ith- drawn, and all concerned agencies notified. ~/-Judith T. Terry ~ Southold Town Clerk :LOC, AKMAND P. D'AMATO* JEFFREY D FORCHELLI* JACK L LIBERT* DONALD JAY $CH"XFART7~ D'AMATO, FOR.CHELLI, LIBERT, SCHWARTZ ~ MINEO COUNSELORS .AT LAW 120 MINEOLA BOULEVARD P O. BOX 31 MINEOLA, N E".~' YORK 11501 (516) 248- [700 October 28, 1985 1735 NE"~" YORK AVENUE, N W ~'ASHINGTON, D C 20006 (202) 783-4802 Honorable Judith T. Terry Town Clerk Town of Southold Southold, New York 11971 RE: Wetlands Permit Bayview Development Corp. Main Bayview Rd., Southold, NY Dear Mrs. Terry: In connection with your letter of Octo~ 22, 1985, on behalf of Bayview Development Corp., I hereb~ w~thdraw the application submitted. Very truly you~s~ JUDITH T. TERRY TOWN CLERK OFFICE OF THE TONN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Roa 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 ~IEETING HELD ON OCTOBER 22, 1985: WHEREAS, the Town Board of the Town of Southold, by resolution dated July ~1, 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 ~o. 204, by Bayview Development Corporation, shall be deemed with- drawn, and all concerned agencies notified. ~ Judi[h T. Terry ~ Southold Town Clerk WILLIAM H. PRICE, JR. TOWN JUSTICE MAIN STREET SOUTHOLD~ N.Y. I~971 765-3036 JUSTICE ~ COURT TOWN OF SOUTHOLD NEW ¥O RK JUSTICE COURT SOUTHOLD TOWN HALL 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:~%ber 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 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 they have asked for a DEIS. Therefore the trustees act on this application at this time. (See Attached) can not [,,M.tE OF C2~EEK C~R~ I\KD OF TOWN TRUSTEES Tow. Of Somhold Main Southold, New York 1197l APPLICATION TO DREDGE and or FILL '/uc'e ~ 0 [~.3 1. Does this prelect involve the use of WETLANDS as defined in the Southoid Town Or~inor:e in Wetlands? Y-zS or NO. If it eons, your application must be filed through the Town Clerk's Office. 2. A['plicont's nome end address: ..BAgI,'IEW..D~..CG)t~.,.t..o~to..,Jt:m:~:~%-'~..D...F~.I;.I, ESQ. P :..O.:....~....x....3..1.,....1..2. 9..~..eg...1..a.....Bp....~.~v..a.rO.,...~mh'Qla,.. I'~.... 1 'L~O1 ..................... .Tel ,....(..5..1..6.1...2..4.?..-..1700 3. Contractor's nome and address: .... LAT'dAM..SAhID..&..GP, A.VIgD,...INC,,,...Main..P~ad, .................... Orient, New York 11957 · Tel. (516) 323-2585 4. Explain briefly the purpose of this application: ..... which is in.t~.e~i4~g Wi.'t;h..'"~e. use .of_the exJ..~t/zzj ~ at. ~he..Coue J4o~l., .. 5. After issuance of Permit, work must be completed within one year. LARGE 6 Secure the correct Area /'Ae~ tr,.,rn, the Clerk of this Board, and by using a/X WITHIN A CIRCLE cs a m=rk, indicate es closely .'.s pass,blt the location of this work. On the rever~.e sire of this mop, provide a SCALE DRAWING which will show the Ordinan/ High Water Mark and tko size an~ ~hcpe of th* ~.,ucture or work. All dimenz~ons offshore of tko O. H. %V. M. shou',d also be shown end incrust any free standing piHn~s which will re~cin at completion. State adjacent property owners. 7. Provide the following documents: (a) A L~censed Engineer's Sonny of the propert~ involved. (~ A ccev o~ the Contractor's Plans and ~pecificctionq. (c) Short =nvironmen~al ~ssessment Statement. 8. Has any previous application for this work been denied by any other government agency'? Y55 or NO. If it has been, n~me the agency. ~Q..r..H~,..a..s~l~..a~l]~..~ ~e ~ ~d is ~g ~d~ s~usly her~i~. Dote of denial ........................................ 9. If dredging is contem, plated, ~ive your e;timam of the following. (c) Average depth of water at M. L. W.where dredging, . ......... 2 .................................... ft. (b) Moximurn depth o[ dredging below the bottom,. ............. ~ ............................................ ft. (c) Maximum length of dredged oreo .............. .1..Q.0. .................................................... ft. (d) Maximum width of dredged oreo ............ 10. ....................................... ft. 10. ((e~z Maximurn amount of rr, oterial to be dredaed ..... ~g ....... c yds. ~ Method and location of disodsal of dg~'~"'~'&'~'6'~'i',%l' On Site f [hng ,s expecteo, give your e~t,mate ar-the tallow,rig. - ' (o) /'Aaximum arnaunt of materiel required,. .......... k'1d%...: ............................................... c. 5'd;. (bi Explain how fill will be abra{ned and where it wilt be placed. ] 1. In reouest,ng OgprovoI of this cgpl,c~ti>.% I subm,2 fhor IOr, n r'.:e person cc:cunt':Die ~or the thc work inv~mw~. ~":'~' ,~....;,u ~rov,~ons ?t any Zzurnold To'.'.'a/OCdlnonce :er nan:' to of t~o P~r~~'' .... na ,urlner. i ,nter~d to oo,;ere to and eL,de by ~e~;rms c~ Conditions a ~~~ D. ~o~,r,I ..... by TOt','N OF SOUTHOLD SHORT E~VIRO;,~JENTAL ASSE$S~JENT FOR}~ ]NSTRUCT]ONS: '' (~) in order to answer the questions in this short EAF it Ls assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected 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 all questions have been answered No it is likely that this project is not significant. (dj Environmental Assessment 1. ¥1iil projec~ resuI~ in a large physical change to the project site ar physically altez more than 10 acres of land? ..................... Yes X No 2. Will there be a major change ~o any unique or -- unusual land form found on the site? ....... Yes × No 3. Will project alter or hove a large effect on existing body of water? .................... Yes.× No 4. Will project have a potentially large impact -" on groundwater quality? .................... Yes × No 5. ¥till project significantly effect drainage Flow on adjacent si~es? .................... z Yes X No ~. Will project affect any threatened or " endangered plant or animal species? ........ ~Yes X._~_No 7. Will project result in a maser adverse effect on air quality? ............................ Yes × 8. ¥~ill project have a major effect on visual character of the community or scenic views or vistas known to be important to the communiLy? Yes X No ~. ¥Iill project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental area by a local agency? ............. : ......... -....... Yes X No 10. Will project have a bajor effect on existing - or future recreational opportunities? ......... Yes X No 11. ~,'ill project result in major traffic problems ~ or cause a major effect to existing transportation systems? ....................... Yes X No 12. Will project regularly cause objectionable a~ors, noise, glare, vibration, or electrical disturbance as o result of the project's operation? .................................... Yes × No 13. Yfill p£oject have any impact on public health or safety? .................................... Yes × No 14. Will project affect the existing community by directly causing o growth in permanent population of more than 5 percent over o one year period or have a major negative effect on the character of t hxe~..community or neighborhood? ......... ': ........................ Yes X No 15. Is there public con,overly concerning the project? ........... / .... /...~.4 ................ Yes × No REP2ES~ttTIF;G_ ~I~1~LO~b~5~TC6~, DATE hu.austl6:lqR4 creek July 24, 1984 INFORMATION - RE: BAYVIEW DEVELOPMENT CORP. WETLAND APPL 9204 :ARTICLE 24, (Freshwater ,,tland,, ~ ARTICLE 36, (Construction in Flood Hazard Areas) P[I~,UT ISSUED TO THE OOVE (ROBERT TURNER, et, al.) Terry Latham(Sand & Gr~v~i) ADDRESS OF PERMITTEE l~.~n Bnv~l~w Rd.. Southold.. N. Y. 11971/ M~ Road: Orient: N. Y. LOCATION OF PR~] IECT (Section of stream, tidal ,~etland, dam, building) ~ .'P, OJECT D CU~UN~E ~l~ T6~, Village) ..... I TOWN FAA COMMUNITY NO. DAM NO, ~IT EXPIATION DATE ~ I ~of FomeP ~o~e Es~a~e now o~NERAL CONDITIONSby Redden,~~e~~ 1. The ~rmit~ee shall file in the office of the aDaropriale Regional 8. That the Slate of New York~~shall 'in fid case De .~aule ~ur any~damag, Permit Adminislralor, a oolite of inlention 1o commence work at leasl ~ or injury to lhe slruclure or work herein authorized which may ~ caused by o hours in advance of the time of commencement and shall also notify him I~omlXly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized tep~esentalive of the Department of Environmental Conservation who may ruder the work suspended if the public interest so requires. 3. AS a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibdily lot all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described hereto and has. agreed indemnify and save harmless Ihe State from suits, actions, damages and COSlS of every name and description resulting from the said project. 4. Any material dredsed in the prosecution of the work herein permitted ~hall be removed evenly, without leaving large reluse piles, ridges across the bed of fhe waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped al the locality shown on the drawing herefo attached, and, il so Ixescribed Ihereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevenl escape of Ihe material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. That 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 Ihe opinion ol lite Department of Environmental Conservation it shall cause unreasonable obslrucfion Io the free navigation of said waters or flood flow~ or endanger Ihe heallh, safely or welfare of the people of the State, or loss or'destruction ol Ihe natural resources o( the State, the owner may ~e ordered by the Depart- menl to remove or aller the structural work, obstructions, or hazards caused Ihereby without expense to the State; and if, upon the expiration or revocation of Ihis permit, the structure, fill, excavation, or other modification of watercourse hereby authorized shall not be completed, the owners shall, w~lhout expense to Ihe State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any Dortlon of the uncompleted structure or fill and restore to its former ~ond~tion Ihe navigable and flood capacity of the watercourse. NO claim shall bp made against the Slate of New York on account of any such removal or alleration. 95-~0-4 (9/75) result from future operations undertaken by the State for the conservalJon o imlrovernenl of navigalJon, or for other purposes, and no claim or right compansat)on shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorize is not otherwise provided for by ]aw, such lights and signals as may be pre scribed by the United States Coast Guard shall be installed and maintaine, by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor dance with established engineering practice and.in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the righ Io reconsider this approval at any time and after due notice and hearing t, continue, rescind or modify this permit in such a manner as may he found t be jusl and eqmtable, if upon the expiration or revocation of this permit, th modification of the wetland hereby authorized has not been completed, th applicant shall, without expense to the State, and to such extent and in suc time and manner as the Department of Environmental Conservation may requir( 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 Ne~ York on accou of any such removal or alteration. 12. This per it shall not be construed as conveying to the applicant an' right ID Ires pon the lands or interfere with the riparian rights o! other rd' perform Ihe permitted work or as authorizing the impairment o( any rights fitle or interest in real or personal property held or vesled in a person not , party lo the permit. 13. The permittee is responsible for obtaining any other permits, ap provals, lands, easements and rights-of-way which may be required for project. - - 14. If granted under Article 36, this permit is granted solely on the bast of the requirements of Article 36 of the Environmental Conservation La, w an, Part 500 of 6 NYCRR (Construction in Flood Plain Areas havinR Spatial Floc. Hazards - Building Permits) and in no way signifies that the project will b free from flooding. lS. By acceptance of this permit the permitfee agrees that the perm* is contingent upon strict compliance wilh the special conditions on th reverse side. (SEE REVERSE SIDE) NEW v~ol~,K SFATE DEPART)~ENT OF ENVIROt' ALBANY, NEW E~ ARTICLE 15, TITLE 3 (CONTROL OF AQUATIC INSECTS, ~EE£,S, OR bNDES~R^IILE FISlt) [] ARTICLE 1S, TITLE 15 [] WATER SUPPLY [~j LONG ~SL^ND WELL [] ARTICLE 24 (FRESHWATER WETLANDS) E~] Ferm,r ~] Lelte~ of permi~s,<,n [] AIITICL[ 2~ (TIDAL WETLANDS) APPLICATION NO. 2. APPUCANT IS A/AN [~] Individual [] parlnershJp ~ Assoctalion ,,~Corpm'alion ~ Municipality [] Governmenlal Agency NAME & TITLE OF OFFICIAL.SIGNING APPLICATION STREET ADDRESS O~ P. O. BOX ~"~ POST OFFICE ___ (~/,'-~/-':-,'/Z- STATE /1/~'-~' ZIPCODE //~-'~-7 4. NAME ~,~XDDRESS OF OWNER " ( , ~' <ll,ot/GppJicanI) '~J[/Z' ~"O/-/~ · ', · . , ........ v /, ., PHONE. mS~EETp, o.ADDRESSBox j ~A t'~ ~, ~-~ ~ POS[ OFFICE ~' /~/~ STATE ~ ZIP CODE PROJECT LOCATION: a) City a Village of NAME OF STREAM OR OTrlER WATER BODY: (If appropriate; if un-named, show on m.~p - See Item 5b) WILL PROJECT UTILIZE STATE OWNED LAND? [] Yes [] No b) Specific Ixojecl site m' area is marked o~ U.S.G.S. or equivalent map, attached as Exhibit No. Z...PROPOSED USE: [] Private "I 8. PROPO~.ED STARTING DATE: I 9. APPROXIMATE COMPLETION DATE r'l Public ~ Commercial It. PROJECT DESCRIPTION: (Feet o/ rip-rap n~w cha~nel; cubic yards of material to be removed; draining, dredging, filling, a~d Iocati~ of disposal sites; type ~ structure to be installed; height of dam; size of impmJndmenl; 10. FEE OF $..I&~OENCLOSED I This project will require the following additional pe[mlts, applications Io~ which are the responsibility o~ others: [] DAM [] DOCK [] STREAM DISTURBANCE [] SPDES/NPDES [] WATER SUPPLY [] L. I. WELL5 [] FRESHWATER WETLANDS [] TIDAL WETLAND! 13. NAME AND ADDRESS DE OFFICIAL NEWSPAPER OF LOCALITY WHERE PROPOSED WORKS ARE LOCATED: 14. IS ANY PORTION OF THE ACTIVITY FOR WHICtl A PERMIF IS SOUGHT NO~', BEGUN OR COMPLETEr [] Yes /~ NO "~ . ,, If "YES", explain in addenda, giving reasons and dates, and show existing work on drawings or map. I hereby affirm under ~nalty of ~rJury that inlmmafl~ ~ovided on this form and all at/ach~nls submi/t~ here- n/g~ ', ~. with ts true Io the best of my knowledge and belief. False slatements made herein are ~nlshable as a Class A '~.U,~ ] access fuU legal res~nsibillly f~ all damage, direct or Indirect, of whatever nalme, And by ~o~ver 5uHered, arising out of the ~oject descri~ herein ar,d agrees lo Indemnify and save harmless the State from suits, actions, DATE SIGNATURE ~5-19-2 (4180) -SEE REVERSE SIDE- Ce De SUPPL~i.?TkP, Y SPECIAL COI~ITIO[~.S The following conditions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit or 9pproval and approved project plans and supplement- 9r¥ conditions shall be available at the project site whenever authorized work is in progress. The permit sign e~closed with the permit or a copy of approval letter shall be protected from the weather and posted in a conspiclous location at the work site until completion of authorized work. At least 48 hours prior to commencement 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 ~egional Permit Administrator ~n 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 .s~bmiss- ion of a new application for permit. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coating, paints, concrete, leachers 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, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Adrzinistrator I,~S Department of Environmental Cons. Bldg. 40, S~Y--Room 219 Stony Brook, ~f 11794 (516) 751-7900 DEC # SPECIAL CONDITIONS A through Jt E, Mt P attached DJLI cg c.c. LAW Eh~I)RC~NENT USACE File attac~nents receipt pERMIT ADMINISTRATOR ~ .~ (/ ~ ADOR[SS ldg.~O, SU~, Stony Brook, The following conditions shall apply if checked as applicable by the Regional Per~Lt Administrator: K. All dredging shall be conducted so as to leave a uniformbottom elevation free of mounds or holes. Ail 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. Ail fill and spoil material shall be suitably contained at the work site so as to pravent its eroding, leaching or otherwise entering /nto adjacent wetlands and waterways. All peripheral rip-rap berms, cofferdams, rock revetments, gablons, 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 existing structural elements with no change in design, or materials, unless specifically authorized here/n. .l~.~.The following Water Quality Certification shall'apply-if required by one or more agencies of the United S=ates Government and if .... ---checked as applicable, by the Regional Permit Administrutors~ In accordance with Section 401(a)(1) of the Clean Water, AcC-of " · ' 1977 (PL 95-217) tha New Yerk State Department of Envlru~antal .... Conservation hereby certifies that the subject project proposalwill not contravene effluent lim~tations or other ll~tat/~n~'o~ sta-d-rds- .... -~nSer'Secttons.301, 302, 303, 306 or 307 or the Act. · DATK. Daniel J. Larkin, P.E. Regionnl. Pe=~=i~%dm~-~str~tor--- .--- Divialon of Regulatory Affairs }~S Depart-men~ o~ Ett~tronment~l ...... Conservation -Building 40, SI~--Room 219 Stony Brook, NY 11794 (516) 751-7900' · ........... ARMAND P D'AMATO ,JEFFREY D. FORCHELLI flACK L LIBERT DONALD 'JAY SCHWARTZ PETER R. MINEO KENNETH d WEINSTEIN THOMAS 'j DUNCAN RICHARD C GOLDBERG STEPHEN GUARNER/ PETER ALPERT D'AMATO, FORCHELLI, LIBERT, SCHWARTZ, MINEO g WEINSTEIN " August 21, 1984 dAME5 W. PARE5 OF CO[~ISEL Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 Attention: Ms. Ilene Pfifferling Secretary to Board Dear Ms. RE: Bayview Development Corp. Dredging Application Pfifferling: Enclosed please find our check in the sum of $5.0~for the above referenced application. D /3s Enclosure BOARD OF TOg'N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 August 17, 1984 Jeffrey D. Forchelli, Esq. 120 Mineola Boulevard P.O. Box 31 Mineola, New York 11501 Re: Dredging application Corey Creek Dear Mr. Forchelli: Please be advised that there is a $5.00 filing fee due for your application above referenced. Very truly yours, HENRY P. SMITH, PRESIDENT BOARD OF TOWN TRUSTEES Secretary to Board ARMAND P D'AMATO dEFFREY D. FORCHELLI JACK L LIBERT DONALD dAY SCHWARTZ PETER R MINEO KENNETH d \'(/EINSTEIN THOMAS d. DUNCAN RICHARD C GOLDBERG STEPHEN GUARN ER.I PETER ALPERT D'AMATO, FOR_CHELLI, LIBERT, SCHWARTZ, MINEO g WEINSTEIN COUNSELORS AT LAW 120 MINEOLA BOULEVARD P. 0 BOX 3t MINEOLA, NEW YORK 11501 (516} 248- 1700 (516) 742 - 1400 August 16, 1984 dAMES W. PARES OF COUNSEL Board of Town Trustees Town of Southold Southold, NY 11971 Re: Wetlands Permit Bayview Development Corp. Main Bayview Rd., Southold, NY Dear Sirs: In connection with the above, I enclose herewith the following: A letter which is submitted simultaneously to yourself, the Town Board and the Town Conservation Advisory Council; b. The Application to dredge; c. The area map; JDF:dbc Enclosures The survey showing the work to be done; The short Environmental Assess ~ent form. Very truly yo~ f~ Fo2 chelli ARMAND P D'AMATO JEFFREY D F©RCHELLI JACK L. LIBERT DONALD dAY $CH',Y/ARTZ PETER R. MINEO KENNETH d ";"/EINSTEIN THOMAS J DUNCAN RICHARD C COLDBERG STEPHEN GUARNEKI PETER ALPEKT D'AMATO, FORCHELLI, LIBERT, SCHWARTZ, MINEO 8 WEINSTEIN dAMES W PARES OF COUNSEL August 16, 1984 Board of Town Trustees Town of Southold Main Road Southold, New York 11971 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'AMATO, FORCHELLI, LIBEKT, .SCHWARTZ, MINEO I~ WEINSTEIN COUNSELORS AT LAW 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 that 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 also be happy to meet ~t~ any of your Boards at your convenience. v r, O0 '95'I '%, o 90, I;'I;, o 0 '$ ~,, 00,00o/ ~