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Home My WebLink AboutTR-5991AAlbert J. Ki'upski, President... James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Soutbold, New York 11971-0959 Telephone ,63D 765-1892 Fax ,,631,765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 5991A Date of Receipt of Application: September 3, 2004 Applicant: Charles Digney SCTM#: 103-'13-2 Project Location: 350 West Creek Ave., Cutchogue Date of Resolution/Issuance: September 22, 2004 Date of Expiration: September 22, 2006 Reviewed by: Board of Trustees Project Description: To trim the phragmites down to 1 ', by hand, as needed. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code. The issuance of the Administrative Permit allows for the operations as indicated on the plan prepared by Suffolk Environmental Consulting, Inc. dated September 2, 2004. Special Conditions: None if the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Board of Trustees L9C3S-3205 12,'97) *FALSE STATEM£NTS ARE PUNISHABLE AS A CRIME. PURSUANT TO TIlE NEW YORK STATE PENAL LAW NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE' OF VIOLATION Date: ,.? y (Owner or authorized agent of o~er) Address: '~O ~%--r -~r~ k ~ ~D~ (Address of owner or authorized agent of owner) Please take notice there e~sts a violation of the Code of the Town of Southold, Chapter 97 ~ticle II, Section 97-20 a premises hereinafter described in that You are therefore directed and ordered to comply with the following: ~._~ ,~-~-~, ,,J I o,:; ' :> ,'- '~ L.~ ~:\~ ~ ~_,v on or before the ~ '~ .day of ~3 ~ ,- ,20 ,D ~ . The premises to which this Notice of Violation refers are situated at: Town of Southold, Suffolk County, NY (Suffolk County Tax Map Designation: Dist. 1000 Section: /.-~ Block: ,--_~ Lot: ~c___ ) Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both. NQTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of viola- tion should be modified or rescinded. Bay Constable,(Town of Southold, NY 'A'3241 Town o! Southold Suffolk County, NY The People of the State o! New York vs. S~tuate: 0,04. 0.08 -J Albert J. Krupski, Presiden! John Holzapfel, Vice President Jim King Martin ] I. Garrell Peter Wenez¢l BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ]'own Hall 53095 Main Road P, O. Box 1179 Southold, New York 11971 Telephone (631 ) 765-1892 Fax (631 I 765-1823 Office W& i Ver ,' A//ien,ll~e h t Chanqes ~Re,reived~.~__Recei,re,l Applica[ion:Fee: $~ -- _ . ~3sntplet ed Appli,rat ~ on I f~rl'd,~n[;, 1 e E e SEQPA Classifica~i,7, h: Type I Ts'ge II Unlisted Coer,2ina[ioh: ~date sent CAC Referral 'Sent: ~ [,ate ,:,f Inspection: ~--~ Receip[ of CAC Lead Agent% De¢erntinari,;h: Technical 9eview: ~[~,1 i,:' Hearing Reso 1,_~k i,24~: 8EP -3 Name of Applicant Charles Di~ne~ Address 350 West Creek Avenue; Cutcho~ue~ Phone Number( 631 ) 765 - 6159 NY 11935 Property Location: provide LILC0 Pole Suffolk County Tax Map Number: 1000-103-13-002 350 West Creek Avenue; Cutcho~ue~ NY #, distance to cross streets, and location) AGENT: Suffolk ~n¥£ronmental Consulting~ Inc. Address: P.O. Box 2003 Bridgeham~ton, NY 11932 Phone Number: (631) 537-5160 Fax: (631) 537-5198 Board of Trustees Application Land Area(in Area Zoning: Previous use of property: Intended use of property: GENERAL DA?A square feet): 78~ 500 sc~uare feet Improved lot Same w/area of passive restoration Prior permits/approvals for site improvements: Agency Date X Ho prior permits/approvals for siEe improvements. Has any permit/approval governmental agency? ever been revoked or suspended by a X No Yes if yes, provide explanation: Project Description (use attachments if necessary) Applicant proposes to allow for the passive restoration of a previously vegetated area comprised of Phragmites spp. and measuring 50.0' _+ x 80.0' -+ (4,000 square feet _+) situated within the southwestern section of subject property, contiguous to the wetland meadow located along the western property boundary. Board of Trustees Application WETLAND/TRUSTE[i LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes to allow for the passive restoration of a previously vegetated area comprised of Phragmites spp. and measuring 50.0' _+ x 80.0' + (4,000 square feet +) situated within the southwestern section of subject property, contiguous to the wetland meadow located along the western property boundary. Area of wetlands Percent coverage Closest distance edge of wetlands: on lot: 11, 000 ± square feet of lot: 14.0 · % between nearest existing structure and upland > 50.0 ± feet Closest distance between nearest proposed structure and upland Does the project X No edge of wetlands: N/A feet involve excavation or filling: Yes If yes, how much material will be cubic yards How much material will be filled? excavated? N/A N/A cubic yards Depth of which material will be removed/deposited: N/A ± feet Proposed slope throughout the area of operations: N/A · Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of ~he town that may result by reaso~ of such proposed operations (use attachments if appropriate): No impact to the wetlands will occur. Subject area will be ~assivel~ restored and therefore will be untouched. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Charles Digne~ SCTM# 1000-103-13-002 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersiqned from the Board of Trustees to: to request a Permit Allow for the passive restoration of a previously vegetated area comprised of Phragmites spp. and measuring 50.0' ± x 80.0' + (4,000 square feet +) situated within the southwestern section of subject property, contiguous to the wetland meadow located along the western property boundary. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 350 West Creek Avenue; Cutcho~uer NY 11935 '3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. 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. OWNERS NAME: MAILING ADDRESS: Charles Di~ne~ 350 West Creek Avenue; Cutcho~uet NY 11935 PHONE # : (631) 765 - 6159 Eric.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: P?.~.~SE REFER TO THE ATTACHED ADDENDUM STATE OF NEW YORK COUNTY OF NEW YORK £, Matt D. Ivans, residing at Suffolk Environmental Consultin~ Inc.; Newman Village; Main Street;Brid~ehamptonr NY, being duly sworn deposes and says that on the day of , 2004, 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 ~he addresses set opposi[e their 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 tNe Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registeued) mail. Sworn to before me this day of , 2004 Notary Public Board of Trustees Application County of Suffolk State of tIew Youk Matt D. Ivans BEING DULY SWOPH DEPOSES AiID AFFIRMS THAT HE/SHE IS THE APPL[CA/'.]T FOP, THE ABOVE DESCRIBE[! PERMITfS} _~D THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AJ. ID BELIEF, AND THAT ALL WORK WILL BE DONE Il~ THE HAJ, INER SET FORTH IN THIS APPLICATION ANP AS HAY BE ARPROVED BY THE SOUTHOLD TOWH BOARD OF TRUSTEES. THE ARPLICALIT AGREES TO HOLD THE TOWN ,DF SOUTHOLD AIID THE TOWH TRUSTEES HARi4LESS ,~lD FREE FROM AI']Y A2]D ALL £1AMAGES AND CLAIMS ARISI~JG UNDER OR BY VIRTUE OF SAID PERI-lIT!S}, IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY A[JTHORIZE THE TRUSTEES, THEIR A(~EI.IT!S) OR 9EPRESENTATIVEtS/, TO EI, ITER OHTO NFl PPOF'ERTY TO IHSPECT THE PREMISES II'] CONJUNCTION WITH REVIEW OF THIS APPLICATION. SlgBature SWORN BEFORE ME THIS DAY OF d-~"/] 2004 GINA M. SGANGA NOTARY PUBLIC, STATE OF ~,'EW YORK QUALIFIED IN SUFFOLK NO. 01SG~7. COMMISSIO~I [;~PiGE,C ~_:- I' Board of Trustees Application AUTHORIZATION (where applicant is not the owner) I, Charles Digne~ residing at 350 West Creek Avenue; Cutcho~uer New York , do hereby authorize Suffolk Environmental Consulting, Inc. to apply for (Agent) permit(s) from the Southold Board of Trustees on my behalf. 10wner's ~,~,~N J. NAGY N~,~a~y Public State of New York 'I~,. 4@96735 ~)ali~i~.,d in Suffolk County · ~ Yd.:sion Expires May 14-16-4 (9/95)-Text 12 PROJECT I.E, NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANT/SPONSOR 2. PROJECT NAME Su/'tblk Environmental Consulting, Inc. DIGNE¥ 3. PROJECT LOCATION: Municipahty 'town ot'Southold County Suffolk 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, elc. or provide map) 350 West Creek Avenue; Cutehogue; 'lown ot-Southold. NY (SCTM #: 1000 103 13 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY' Applicant proposes to allow for the passive restoration of a previously vegetated area comprised of Phragmites spp and measuring 50.0' _+ x 80.0' + (4,000 square feet +) situated within the southwestern section of subject properly, contiguous to the wetJand meadow located along the western property boundary. 7. AMOUNT OF LAND EFFECTED: ____ Initiall}' < O. I acres ____ Ullimatel~' ~- (L I acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No. describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential []Industrial r~Commerc~al r~Agnculture []Park/Forest/Open space ~]Other DescriPe: Private single fhmily residences ~ith related appurtenances. ](t. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL. STATE OR LOCAL)? L~ Yes []No If yes. Irs/agency(s) and permit/approvals I I. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes. hst agency(s) and permit/approvals I-. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name. Matt D. lvans Sut'folk Environmental Consultin. gJnc~ Date: 08/23/04 If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: CHARLES DIGNEY · being duly sworn, deposes and says; I reside at 350 WEST CREEK AVENUE; CUTCHOGUE; TOWN of SOUTHOLD. In the County of SUFFOLK and the state of NEW YORK , and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consulting, Inc. to make the foregoing application as described herein. Signature Signature If Corporation, name of corporation and Officer Bef/~re me,,J~_ is ~__~day of ~',~ ..... 2004 Notary Public Officer's Title SU6AN J. NAGY Notary Public State of New York No. 4895735 Qualified in Suffolk County Commission Expires May 20 ~ Suffolk Environmental Consulting, Inc. Newman Villm,,e. Mare Street. P.(). Bo', 2U03. Brid?hampton. New York II 932-2003 ~(~31~ 537-51~1~ kax: ~631~ 537-5198 Bruce Anderson. M.S.. Preqdent Hand Delivered September 2, 2004 Mr. Albert J. Krupski, President Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: DIGNEY Property 350 West Creek Drive Cutchogue; Town of Southold, NY 1000 - 103 - 13 - 002 Dear Mr. Krupski. This Firm represents Mr. Charles I)igney, owner of the above referenced property, who is seeking approval fi.om your Board to allow tbr the passive re-vegetation of a previously cleared section of wetlands fi'inge thereon. In order to do so, a Wetland Permit fi.om your Board is required. Enclosed herewith please fred a completed Wetland Permit Application. Application contents are as follows: (1) Town of Southold Trustees Wetlands Permit Application: (2) Short Environmental Assessment Form: (3) Location Map for easy reference (two [2] copies): (4) Site Plan of subject property, prepared by Suffolk Environmental Consulting, Inc., dated September 2, 2004 (two [2] surveys); and (5) Check made payable to the Town of Southold in the amount of~ covering the requisite application tbe. As you recall, during the last meeting of your Board, it was represented by the applicant that the Phragmites cut have substantially re-grown. It was suggested and agreed that the Trustees would inspect the property (presumably during the September 16, 2004 inspection date) and that the applicant would £fle tiffs application. Hammarth/ ~ By way of this correspondence, and on behalf of Mr. Digney, I request that you commence review of this application. Due to the minor nature of this proposal, please allow the review and subsequent issuance of the requested permit to be performed through the administrative process. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at an3' time. Thank you in advance for your cooperation. Bruce incerely' ; A. Anderson attachment cc: C. Digney