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HomeMy WebLinkAboutFITZPATRICK, THOMASAlbert J. Krupski, President James King, Vice-Presid¢~t Artie Foster Ken Poliwoda Peggy A. Dickerson October 15, 2002 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 Mr. Thomas Fitzpatrick 447 East 14th Street Apt. 7A New York City, NY 10009 RE: 1030 Clearview Rd., Southold SCTM#89-3-11.3 Dear Mr. Fitzpatrick: The Southold Town Board of Trustees reviewed the survey dated February 25, 2002 and determined the proposed single-family dwelling, driveway and sanitary system to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. A line of staked hay bales must be placed down 100' from the wetlands line before construction. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krups/ki, . President, Board of Trustees AJK:lms Board of Town Trustees Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 447 East 14th Street Apartment 7A New York City, New York 10009 October 7, 2002 Re~ Situate: Letter of Declaration for Non-Jurisdiction R.O.W. offofOrchard Lane Property a/k/a 1030 Clearview Road Southold, New York SCTM#: 1000-089-03-011.3 Dear Members, 1 would be most pleased to conform with the Board of Trustees guidelines. I will set a row of haybales 100' fxom the wetland area.. I will do no clearing or perform any construction work or storage of construction materials or equipment between the line ofhaybales and the wetlands. I trust that my statement will meet with your approval for a Letter of Declaration for Non- Jurisdiction. Enclosures: Respectfully yours, Thom Fitz~tricK Original survey indicating 100' haybale line cell tel ...... 1-917-733-5192 Board of Town Trustees Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 447 East 14th Street Apartment 7A New York City, New York 10009 October 2, 2002 Re: Letter of Declaration for Non-Jurisdiction Situate: R.O.W. offofOrchard Lane Property a/k/a 1030 Clearview Road Southold, New York SCTM#: 1000-089~03-011.3 Dear Members, On February 22, 2001, a letter fi:om the Board of Trustees has given approval to me, Thomas Fitzpatrick to make an amendment to Permit #5181. This permit was made based on an earlier application by a Mr. Mark McDonald, the former owner to construct a house, garage and pool. Building construction being 77' fi.om the wetlands and 73' for proposed contours. In June 26, 2002 this permit was out of date. Shortly I will be submitting to the Building Department an new and entirely different set of building plans. I have attached a plot survey for this new construction. My construction does not come under the Town policy for "building within 100' of the wetlands". If you note on my survey that the distance fi:om the rear deck is 147' to the wetlands and the contour line proposed is 104' to the wetlands. I would very much want to preserve and protect the wetland area. I would accept any guidelines that the trustees feel should be implemented. I might also add that I have NYSDEC approval and one of their rules is that "a row of staked hay hales ...be placed...50' linear feet fi:om the tidal wetland boundary....etc." if his would work for the Trustees al~o, then that would be very much appreciated be me. If not, I will do whatever you decide is best. Enclosures: Respectfully yours, Thomas Fitzpatrick t,e,~x_/A./.,~7~ /~ Board of Town Trustees letter dated February 22,2001 New "Survey of Property" dated February 25,2002 /- 7/7- Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 February 22, 2001 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Matt D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 Re: THOMAS FITZPATRICK SCTM#89-3- l 1.3 Dear Mr. Ivans: The following action was taken at the Southold Town Board of Trustees meeting held on Wednesday, February 21, 2001: RESOLVED, that the Southold Town Board of Trustees Approve the request for an Amendment to Permit #5181 to construct a single-family dwelling 106' from the landward edge of the wetlands, an attached deck 100' from the wetlands, septic system 130' from the wetlands and place 500 cy. of clean fill 69' from the landward edge of the tidal wetlands. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-I892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms DEC Bldg. Dept. SURVEY OF PROPERTY AT BAYVIE~ TOWN OF SOUTHOLD T~$T HOLE SUFFOLK COUNTY, NEW YORK 1000-89-03-11.3 SCAT,E: 1"=40' FEB. 25, 2002 Zz. =~/: ' ' _ .,~,,V _~~ -- ~ ~ ~ '~ ~_ ,, · =H~NUNE~T '~, ELEVATIDNS ~EFERENCEO TB N,G VD LOT NUNBERS REFER TO 'SUBDIVISION C~AR BEACH PARK FILED IN THE SU ~UNTY CLERK'S OFFICE ON DEC. ~0, l AS F~LE ND. 90 ANT ALTERATION DR ADDITIBN TO THIS ~URVEY [~A VIOLaTiON ' / DF SECTION 7B09 DF THE NEV YORK STATE EDUCATION L4~ ADCA--AO o~o e ~ / ~c~ ~ ~' (631) 7~ EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL ~RTIFICATIO~ ~RCO~ ~ V4LID F~ THIS HAP AND COPIES THEREOF ONLY IF TD TIE LINE ' ' - P, o. BOx SAID HAP ~ COPIES BE~R TH~ I~RESSED 9gAL OF THE SURVEYOR 1230 TRAVELER STREET ~DUTHDLD, N Y. 11971 NO 49618 ~'(631) 765-t797 d v',~¢,~..,..r.J JAN~2~ [ 7! Z~(,S ' I0' ~ ~AADE El_ I0.0 ~tLL GRADING PLAN - SEPTIC SYSTEM no $cele TEST HOLE eLT. 7 % - 7 )¢ ': SURVEY OF PROPERTY AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-89-03-11.3 SCALE: 1"=40' FEB 25 2002 · ~UI~LK ~4~IJN'rY DEPARTMENT OF HEALTH ~31MIT FOR APPROVAL OF CONSTRUCTION FORA SINGLE F/OilLY RESIDENCE ONLY FOR M~IMUM OF ,, ~ BEDROOMS ~PIRES THREE YEAR~ FROM DATE OF APPROVAL ~F $ECTJ~N 7~U~ ~F THE NE~' Y~RK STATE EDUCATION EXCEPT ~S PER SECTION 7~09-SUBDJVI~IDN ~ ALL CERTIFICATIONS HERE~N ~RE ~g&JD FOR THIS ~gP gND C¢PIEX TNERE¢F UNLY IF SAID ~P OR COPIES BEAR THE I~PRESSED SE~L DF THE ~URVEYDR WHDSE ~IGN~TURE APPEARS HEREON ,'(.OWN OF SOUTHO,L.Di. fOWN OF ' '" SUFFOLK CO. H~ALTH H.S. NO STATEMENT OF INTENT THE WATER ~4..IP~LY AND S[WAG~: DI~JO~AL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARD5 OF THE SUFFOLK CO. Di:PT OF H~ALTH SERVICES. AI"IeLICANT SUFFOLK COUNTY SERVICES FOR CONSTRUCTION ONLY DATE: DEPT OF HEALTH APPROVAL OF H. $. REF. NO A~OVED SUFFOLK CO TAX MAP D~SIGNATION: DIST. ~:CT BLOCK L,..~ 089 ';, 3. ~Y I000 G.,~' J,L2, Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President Janua~ 16, 2001 Mr. Albert J. Krupski, President Board of Town Trustees Town Hail P.O. Box 1179 Southold, NY 11971 2001 Re; Situate: SCTM #: Permit #: Fitzpatrick permit modification ROW off of Orchard Lane Southold, NY 1000-089-03-011.3 5181 Dear Mr. Krupski, As you know, this Finn represents Mr. Fitzpatrick, who had applied for approval for the modification of the above referenced Permit (No. 5181) from your Board on January 10, 2001. Shortly thereafter, we received word from your staffthat additionai items would be required in order to process said modification approval. Enclosed herewith please find: (1) Copy of the Notice to Adjacent Property Owner, describing said modification, and mailed (via Certified Mailing) to ail adjacent property owners; (2) Proof of Mailing of Notice with the Certified Mail Receipts attached; and (3) Check made out to the Town of Southold in the amount of $ 40.00 to cover the requisite application fee. By way of this correspondence, and on behaif of Mr. Fitzpatrick, kindly issue the requested modification approvai. Should you have any questions regarding this matter, please feel flee to contact this office at any time. Thank you in advance for your cooperation. Hammarth/ 2 Sincerely, Matt D. frans enc. cc: T. Fitzpatrick NOTICE BOARD OF TRUSTEES, TOWN OF SOUTHOLD TO ADJACENT PROPERTY OWNER In the matter of applicant: Thomas Fitzpatrick SCTM# 1000-089-03-011.3 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustess to: Modify the previous existing Southold Trustees Permit (No. 5181) which authorized for the construction of "...a residence with pool and attached garage proposed 77' from the wetlands with proposed contouring within 73' of wetlands with the condition that there is no disturbance seaward of the 7' contour haybale line." The modification applied for is for the construction of a residence, with attached garage and attached deck proposed no closer than 100' from the wetlands with proposed contouring no closer than 69' from the wetlands. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Private Road off of Orchard Lane; Southold, NY 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: Thomas Fitzpatrick 447 East 14TM Street; Apartment 7 A New York, NY 10009 PHONE #: (212) 374-4517 Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Lan~ Associatesr In0.: (1000-089-03-001.1) Address: 55 75~" Street Brookllrn, NY 11209 Frank Cieplinski: (1000-089-03-011.2) 50 Oxford Road Southport, Ct. 06490 Christine Larsen: (1000-089-03-011.4) 55 Bay Ridge Parkway Brooklyn, NY 11209 STATE OF NEW YORK COUNTY OF ~.-~>~.~/'o)_~ Matt D. Ivans, residing at Suffolk Environmental Consulting, Inc.; Newman Village; Main Street; Bridgehampton, NY 11932, being duly sworn deposes and says that on the ~~ 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 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 the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices we/e mailed to each of said persons by certified mail. Sworn to before me this day of~'~/~, 200~ Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537 5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President January 11, 2001 Mr. Albert J. Krupski, President Board of Town Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Fitzpatrick permit modification Situate: ROW offof Orchard Lane Southold, NY SCTM #: 1000-089-03-011.3 Permit #: 5181 Dear Mr. Krupski, As you know, this Finn represents Mr. Fitzpatrick, who was recently granted the transfer of the above referenced Trustees Permit from your Board from the previous property owner, Mr. McDonald. Accordingly, Mr. Fitzpatrick now wishes to modify said Permit. The existing permit authorized for the construction of"...a residence with pool and attached garage proposed 7'from the wetlands with proposed contouring within 73' of wetlands with the condition that there is no disturbance seaward of the 7' contour haybale line." The proposed modification to said permit is for the construction of~ (a) Construct a single family dwelling 106' from the landward edge of the tidal wetlands; (b) Construct an attached deck 100' from the landward edge of the tidal wetlands; (c) Construct a septic system 130' from the landward edge of the tidal wetlands; and (d) Place 500 cubic yards + of clean fill 69' from the landward edge of the tidal wetlands. Hammarth/ 2 In addition, please note that Mr. Fitzpatrick does not propose construction for a swimming pool, which was authorized in the original permit. Please note, the size and scope of the modified project versus the originally authorized project are very similar. In addition, the modified proposal's setbacks from the tidal wetlands are actually greater than the setbacks authorized in the original permit. Please find enclosed herewith: (1) Survey of the property referenced above, prepared by Anthony W. Lewandowski, Land Surveyor, dated December 13, 2000, indicating said modifications (two [2] copies); (2) Copy of the Town of Southold Trustees Permit (No. 5181), dated June 26, 2000, regarding the property referenced above; and (3) Copy of the Town of Southold Trustees resolution to approve the transfer of Permit # 5181 from Mr. McDonald to Mr. Fitzpatrick. By way of this correspondence, and on behalf of Mr. Fitzpatrick, I hereby request approval for the modification of Permit # 5181. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sinc~ Matt D. Ivans enc. cc: T. Fitzpatrick Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York II 932-2003 1631) 537-5161) Fax: 1631) 537-5198 Bruce Anderson, M.S., President September 27, 2000 Ms. Charlotte Cunningham Southold Board of Town Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Situate: SCTM #: McDonald to Fitzpatrick application fee ROW off of Orchard Lane Southold, NY 1000-089-03-011.3 Dear Ms. Cunningham, As you know, this Firm represents Mr. Fitzpatrick who is seeking to transfer all existing permits regarding the property referenced above, from the previous owner's name, Mr. McDonald, into his own name. Enclosed herewith please find a check made out to the Town of Southold in the amount of $10.00 to cover the required application fee. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Matt D. Ivans eno. SEP 2 9 cc: T. Fitzpatrick Suffolk Environmental Consulting, Inc. Newman Village, Main Street, EO. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (63 I) 537-5198 Bruce Anderson, M.S., President September 13, 2000 Mr. Albert J. Krupski, President Board of Town Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Situate: SCTM #: McDonald to Fitzpatrick property transfer ROW off of Orchard Lane Southold, NY 1000-089-03-011.3 Dear Mr. Krupski, This Firm represents Mr. Fitzpatrick who has recently purchased the property referenced above from Mr. McDonald and wishes to secure all required approvals to construct a single family dwelling and related residential appurtenances on the subject property referenced above. On March 10, 2000, this office, on behalf of Mr. McDonald, applied for a Town of Southold Trustees Wetlands Permit, which was subsequently issued on June 26, 2000 (Permit No. 5181). A copy of said permit is attached herewith for easy reference. Enclosed herewith please find: (1) Copy of the Southold Board of Trustees Permit, dated June 26, (Permit No. 5181), issued to Mr. McDonald, approving for the construction of".., a residence with pool and attached garage proposed 77 'from the wetlands with proposed contouring within 73' of wetlands with the condition that there is no disturbance seaward of the 7' contour haybale line."; and 2000 (2) Survey of the above referenced property, prepared by Anthony W. Lewandowski, L.S., dated June 7, 2000, indicating the proposed improvements of Mr. Fitzpatrick (two copies). Hammarth/ 2 Please note that the initial project proposed by Mr. McDonald compared to Mr. Fitzpatrick's proposed project is extremely similar in size and scope. Please note that Mr. Fitzpatrick's proposed residence with pool and deck is setback 79' from the landward edge of the tidal wetlands as compared to Mr. McDonald's initial proposal of 77'. In addition, please note that Mr. Fitzpatrick's proposed contouring is 75' from the landward edge of the tidal wetlands as compared to Mr. McDonald's intial proposal of 73'. By way of this correspondence, and on behalf of Mr. Fitzpatrick, kindly transfer Permit No. 5181 from Mark McDonaM (Address: 1030 Clearview Boulevard, Southold) to Tom Fitzpatrick (Address: 447 East 14a Street; Aparttnent 7 A; New York, NY 10009). Please note that the seaward comers of all proposed improvements located at the property referenced above have been staked out in the field. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you in advance for your cooperation. Sincerely, Ma~D. Ivans enc. cc: T. Fitzpatrick Albert J. Krupski, Presideat John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Office Use only X Coastal Erosion Permit Application Wetland Permit Application Grandfather Permit Application Waiver/Amendment/Changes / Received Application: ~l;SlO0 .? Received Fee: $ ;~ ~,' Completed Application~0_- Incomplete SEQRA Classification: Type I__Type II__Unlisted__ Coordination: (date sen~)~ ~" CAC Referral Sent: ~;~0 w,~Date of Inspection:~__ Receipt of CAC Report: Lead Agency Determination: Technical Review: /Public Hearing Held:~__ Resolution: Name of Applicant Mark McDonald Address PO Box 1000 Southold, NY 11971 Phone Number(631) 765-3677 Suffolk County Tax Map Number: 1000-089-03-011.3 Property Location: On private road 53.72' from Orchard Lane; parts of lots 36 & 48 on map of Cedar Beach Park, Suffolk County Map No. 90. (provide LILCO Pole #, distance to cross streets, and location) AGENT: Suffolk Environmental Consulting, Inc. Address: P.O. Box 2003 Bridgehampton, NY 11932 Phone Number: (631) 537-5160 Fax: #(631) 537-5198 Board of Trustees Application Land Area ( Area Zoning: Previous use of property: Intended use of property: in square feet) R-40 GENERAL DATA · . 43,769 vacant residential Prior permits/approvals for site improvements: Agency NYSDEC Tidal Wetland Permit (No. 1-4738-01445/00001) Southold Trustees Wetland Permit: (No. 4655) Date March 13, 1997 (pending renewal) October 24, 1996 (expired) No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary) : Residence with pool and attached garage proposed 77 feet from wetlands with proposed contouring within 73 feet of wetlands. See attached survey. Board of Trustees Application WETLY/ND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To fill contour to grade in order to construct residence. Area of wetlands on lot: 23,575 square feet Percent coverage of lot: 8.8% Closest distance between nearest existing structure and upland edge of wetlands: n/a feet Closest distance between nearest proposed structure and upland edge of wetlands: 77 feet Does the project involve excavation or filling: No X Yes If yes, how much material will be excavated? 91 cubic yards How much material will be filled? 493 cubic yards Depth of which material will be removed or deposited: 6 feet Proposed slope throughout the area of operations: n/a Manner in which material will be removed or deposited: Back-hoe. 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): No impact to wetlands are anticipated from the project as proposed for the following reasons: (1) Ail structures have been setback from the landward edge of the tidal wetlands a minimum distance of 75 feet; (2) No activities are proposed within 70 feet of wetlands, thereby providing for the preservation of all wetlands in total and a natural adjacent area of 70 feet; (3) The amount of fill proposed on site has been minimized to achieve elevation of septic system 3 feet above groundwater; (4) The fill line will be maintained by installation of haybales, stacked end to end, 70 feet from wetlands, and a project limiting fence; and (5) Drywell has been proposed to accommodate pool draw down and stormwater run- off generated from impervious surfaces. 4 Purpose of Board of Trustees Application COASTAL EROSION APPLICATION DATA Proposed Activity: Are wetlands No Yes If Yes, how much material will be How much material will be filled? present within 75 feet of the proposed activity? excavated? (cubic yards) (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from the implementation of the project as proposed. (Use attachments if necessary) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Mark S. McDonald SCTM# 1000-089-03-011.3 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustess to: Construct a single family dwelling, deck, pool, and sanitary system. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Private Road off of Orchard Lane; Southold, NY 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: Mark S. McDonald MAILING ADDRESS: PO Box 10007 Southold, NY 11971 PHONE # (631) 765-3677 Enc.: Copy of sketch or plan showing proposal for your convenience. 6 u- BRDDKLYH, NY 11209 _u 0,~ lit: 0932 KP~J2Z9 01/16/01 ]~IT ID: 1.90 1.50 ~lerk: KHk~2Z9 3.74 ~1/16/01 UNIT II~: 0932 ~lerk: KH(W2Z9 01/16/01 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Lambda Associates~ Inc.: (1000-089-03-001.1) 55 75~ Street Brooklyn, NY 11209 Frank Cieplinski: (1000-089-03-011.2) 50 Oxford Road Southport, Ct. 06490 Christine Larsen: (1000-089-03-011.4) 55 Bay Ridge Parkway Brooklyn, NY 11209 STATE OF NEW YORK COUNTY OF NEW YORK Matt D. Ivans, residing at Suffolk Environmental Consulting, Inc.; Newman Village; Main Street; Bridgehampton, NY 11932, being duly sworn deposes and says that on the 10th day of March, 2000, 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 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 the 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 mail./~~. ~ .- Sworn to before me this /0~ day of ~f~, 2000 Notary Public LAURA T MILl. NOTARY PUBLIC, STATE OF N~r¢ YORK NO 01HI5083822, SUFFOLK COUNTY~ COMMiSSiON EXPIRES AUGUSl 25.~'4''~ I 7 Board of Trustees Application County of Suffolk } State of New York ) Matt D. Ivans BEING DULY SWORN DEPOSES /LND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S} OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN BEFORE ME THIS DAY OF Notary Public LAURA l HiLL NOTARY PUBLIC, STATE Of NEW YORK NO 01HI50838~2, SUPPOLK COUNTY COMMiSSiON EXPIRES AUGUST 25, ~ Authorizalio,t (where thc applica.! is .or thc owner) Mark S. McDonald (pli.lo~v.erorsu~e¢lplol~ly) NY 11971 Consulting, Inc. residingal P.O. Box 1000, Southold, {mailing address) do hc,'eby m,lhorizc Suffolk Environmental (Agent) lo al,ply For pc,mil(s) from the Southold Board of Town T,'uslees on my behalf. {OWllet'~ slgnatllte) ' Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route25 P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 February 22, 2001 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Matt D. lvans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 Re: THOMAS FITZPATRICK SCTM#89-3-11.3 Dear Mr. Ivans: The following action was taken at the Southold Town Board of Trustees meeting held on Wednesday, February 21, 2001: RESOLVED, that the Southoid Town Board of Trustees Approve the request for an Amendment to Permit #5181 to construct a single-family dwelling 106' from the landward edge of the wetlands, an attached deck 100' fi'om the wetlands, sgotic system 130' from the wetlands and place 500 cv. ofc!ean fill 59' fi'om the !~'adward edge of the tidal wetlands. This is not a determination ~-om :-:ny other agency. you haw arty quest~.ons, pteasc ca~i our office at (631) 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees DEC Bldg. Dept. Telephone (631) 765-1892 Town HaLl, 51109.5 Main Road P.O. Box 11'/9 Southold. No~ Y~xk 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Consemation Advisory Council held Thursday, February 15, 2001, the following recommendation was made: Moved by Scott Hilary, seconded by Bob Ghosio, it was ' RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the of the Amendment Request of TOM FITZPATRICK 89-3-11.3 to Amend Permit #5181 to construct a single-family dwelling 106' from the landward edge of the tidal wetlands, an attached deck 100' from the wetlands, septic system 130' from the wetlands, and place 500 cy. of clean fill 69' from the landward edge of the tidal wetlands. 1030 Clearview Rd., Southold The CAC recommends Approval but questions the 500 cy. of proposed clean fill 69' from the upper wetland edge. Vote of Council: Ayes: All Motion Carried Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda 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 September 22, 2000 Mr. Matt D. Ivans c/o Suffolk Environmental Consulting, PO Box 2003 Bridgehampton, NY 11932 Inc. RE: McDonald to Fitzpatrick Orchard Lane Southold, NY SCTM#1000-089-03-'l~.% Permit #5181 Dear Mr. Ivans: The following action was taken at the Southold Town Board of Trustees Regular Meeting on September 20, 2000. RESOLVED, that the Southold Town Board of Trustees approve the request for a Transfer of Permit #5181 from Mark McDonald to Tom Fitzpatrick. If you have any questions, please contact our office at 765-1892. lbert J Krup President, Board of Trustees AJK:cjc Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda 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 June 26, 2000 Mr. Matt D. Ivans Suffolk Environmental Consulting, P.O. Box 2003 Bridgehampton, NY 11932-2003 Inc. SEP Re: MARK MCDONALD SCTM#89-3-11.3 Dear Mr. Ivans: The following action was taken by the Board of Town Trustees during its regular meeting held on June 21, 2000 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of MARK MCDONALD applied to the $outhold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 13, 2000 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 June 21, 2000 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of MARK MCDONALD to construct a residence with pool and attached garage proposed 77' from the wetlands with proposed contouring within 73' of wetlands with the condition that there is no disturbance seaward of the 7' contour haybale line. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms cc: DEC Building Dept. Health Dept. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK NO. DATE: ...... :Jun~ .~(~,_ ..2000 ISSUED TO MARK MCDONALD Authnrizatian Pursuant to the provisions of Chapter 615 of the Laws of the State of New York 1893; and Chapter 404 of the ,l~.ws of the State of New York 1952; and the Southod ToWn Ordinance en- titled ."REOULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;E and in accordance with the Resolution of The Board adopted at e meeting held on I~)~.~_., and in consideration of the sum of $...~.~0_~.q0 ..... paid by Suffolk Environmental Consulting for I~6~.,.J~.~.~.9.~ .......... Of .............. ~.~.~p.~n N.Y. and subject to the Terms end Conditions listed on the revere side hereof, 'of Southold Town Trustees euthorlzes end permi~ the following: Wetlan~ Permit to construct a residence with pool and attached garage proposed 77' from the wetlands with proposed contouring within 73' of wetlands with the condition that there is no disturbance seaward of the 7' contour h~yb~le line. ~11 in ~ccord~nce with the det~iled specifm~hons ~s pre~nted in the originating application. IN WITNESS WHEREOF, The said Board of Trustees ~re- by causes its Corporate Seal to be affixed, and these p?sents to be subscribed by a majori~ of the said Board as of th:s date. T~stees Board Of $outhold,Town Trustees SOUTHOLD, NEW YORK PERMIT NO. "~!..'~ I . DATE: ...... .~gn.~ _~.~.,....;tooo Authorization Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893: and Chapter 40~ of the ,l~.ws .of the · State of New York 1952; end the Southold Town Oral:henCe en- titled · "REOULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;-'~. and in accordance with the Resolution of The Board adopted at a meeting held on l~/g.~.L, and in consideration of the sum of $...~.~g..~.g.~ ...... paid by · ~fo~.. ~.~i.[on~[~l: ~ns~!~i~ fO~., ~.~L.k..,..M...~.~.(?.~]~]. .......... of ............... .]~.[!..d..~.~g N.Y. and subject tO the Terms and Conditions listed on the reverse ride hereof, "of Southold Town Trustees authorizes end permits the following: Wetlan~l Permit to construct a residence with pool and' attached garage· proposed 77' from the wetlands with proposed contouring within 73' of wetlands with the condition that there is no disturbance seaward of the 7' contour haybale line. all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board es of this det~. "' Tr~$1ees TERMS end CONDmONS The Permia~e Mark McDonald ~e~ldlng ~t P.O. Box 1000. Southold N. Y~ ~ psn of the consideration for the Lssmmce of ~he Permit does understand snd proscribe to the fol- lowl~, g: I. Th~ the said Boazd of Truste~ sad cbc Town of ,Sol,hold ~ rel~__~l fzam sa~ sad sll ;dsma~.% oe ~.~,,*, fm chm~ge., of ~ ~ d/eectl~ m lndlrecdy ss · mdt of smj, ope~- agon perfoaned put. mt to figs ~, stol ~he hid Pemgeme will. ~ his o~ i~ ow~ expmse, ~ ~eSpeci thereto, m ~he complete ecclmioa of ~be Bo~'d of Trustees of the Towu of .So~hold 2. That thls'permJe l~l~d ~O~ Il. ~od Of 24 mos. which b comldeml to be the e~mated tbne' teClUbed to comple~ the wofl~ involved, but should cimunstances warrant, request for an extension may be made to the Bozt'd at a later dam. 3. That this Permit should be retained indefinitely, or as long ~$ the said Peemiu~e to maintain the structure or project involved, to provide evidence to s~ayone concerned ~ auth- orlzation was originally 4. That the work involved will be subject to the inspection end apptov~ of the Board its agents, and non-eompliance with the provisions of dae o~n.el~,~ application, may be revocation of this Permit by resolution of the sam Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the fight of the public to ~ and ~ along the beach between high and low water marks. 7. That if future operations of the Town of Southold teqube the removal --d/m ~lte. r~lam in the location of the work herein mthodzed, or if, in the opinion of the Bomt of Tnmee~ the. work shall cause unreasonable obst~ucnon to free navigation, the said Petmittee will be tequi~ upon due notice, to remove or alter this work ot project herein stated widmut expenses to the Tow. of 5outhold. ..~ 8. That the said Board .w~LI be nmlfied b~.l(h~e: Permittee ot the completion of the w~k nth. 9. That the Permittee will obtain aH other permits and consent* d~t may be required sup. plemental to this permit which may be subject to revoke upon failure to obtain same. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda 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 June 26, 2000 Mr. Matt D. Ivans Suffolk Environmental Consulting, P.O. Box 2003 Bridgehampton, NY 11932-2003 Inc. Re: MARK MCDONALD SCTM#89-3-11.3 Dear Mr. Ivans: The following action was taken by the Board of Town Trustees during its regular meeting held on June 21, 2000 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of MARK MCDONALD applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 13, 2000 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 June 21, 2000 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, ~nd, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of MARK MCDONALD to construct a residence with pool and attached garage proposed 77' from the wetlands with proposed contouring within 73' of wetlands with the condition that there is no disturbance seaward of the 7' contour haybale line. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms cc: DEC Building Dept. Health Dept. Telephone (516) 765-18q2. Town Hall, 53095 Main Road P,O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, May 22, 2000, the following recommendation was made: Moved by Richard Smith, seconded by Scott Hilary to TABLE the Wetland Permit Application of MARK MCDONALD 89-3-11.3 to construct a single-family residence with pool and attached garage proposed 77' from the wetlands. 1030 Clearview Rd., Southold The CAC Tabled the application because the property was not staked. Vote of Council: Ayes: All Motion Carried Telephoue (5i6) 765-18q2. Town Hall. 53095 Main Road P.O. Box 11'79 · qouthold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Tuesday, April 11, 2000, the following recommendation was made: Moved by Scott Hilary, seconded by Ken Meskill to TABLE the Wetland Permit Application of MARK MCDONALD 89-3-11.3 to construct a single-family dwelling, deck, pool, sanitary system approx. 75' from the edge of the wetland with hay bales left at the 7' contour line with a silt fence. 1030 Clearview Rd., Southold The CAC Tabled the application because there were no stakes and a flagging of the wetland delineation is needed. Vote of Council: Ayes: All Motion Carried Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631 ) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President March 10, 2000 Albert J. Krupski, Jr., President Board of Southold Trustees Town Hall PO Box 1179 Southold, NY 11971 Re~ Situate: SCTM# McDonald property Private Road off of Orchard Lane; Southold, NY 1000-089-03-011.3 Dear Mr. Krupski, This office represents Mark S. McDonald who had applied for and received a Trustees Permit (No. 4655) for the property referenced above, a copy of which is attached herewith for easy reference, dated October 24, 1996. Said Trustees Permit authorized Mr. McDonald to "..to construct a single family dwelling, deck, pool, sanitary system approx. 75 'from the edge of wetlands with haybales left at the 7' contour line with a silt fence.' Unfortunately, this Permit has expired and we must now resubmit a new application regarding the property referenced above. Please find enclosed: (1) Town of Southold Trustees Wetlands Permit Application; (2) Copy of the original Town of Southold Building Permit: No. 4655, dated October 24, 1996; (3) Copy of the original NY State Department of Environmental Tidal Wetlands Permit: No. 1-4738-01445/00001; and (4) Surqey prepared by Van Tuyl & Sons, L.S., prepared September 18, 1996, showing all proposed structures. Please note, concerning our correspondence to your Board, dated February 29, 2000, regarding the request for a renewal of the original Trustees Permit (No. 4655), we 2 enclosed a check for $150.00. Please apply this check to our resubmission of the enclosed application. By way of this correspondence, I request that you commence review of this application. Thank you in advance for your cooperation. Sincerely,. Matt D. Ivans eno. cc: M. McDonald Suffolk Environmental Consulting, Inc. Newman Village, Main Street, EO. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President February 29, 2000 Albert I. Krupski, Jr., President Board of Southold Trustees Town Hall PO Box 1179 Southold, NY 11971 Re~ Situate: SCTM# McDonald Trustees Permit #: 4655 Private Road off of Orchard Lane; Southold, NY 1000-089-03-011.3 Dear Mr. Krupski, This office represents Mark S. McDonald who had applied for and received the Trustees Permit referenced above, a copy of which is attached for easy reference, dated October 24, 1996. The in-force Trustees Permit authorizes Mr. McDonald to "..to construct a single family dwelling, deck, pool, sanitary system approx. 75' from the edge of wetlands with haybales left at the 7' contour line with a silt fence." Also, enclosed herewith please find a copy of the NYSDEC Tidal Wetland permit granted for the above referenced property, dated March 13, 1997. On behalf of Mr. McDonald, I hereby request a permit extension of three years. Enclosed is a check in the amount of $150.00 paid by Suffolk Environmental Consulting, Inc. on behalf of Mr. McDonald for the requested extension. This request for a permit extension is necessary due to problems associated with the County Health Department. Please note that no modifications have been performed pertaining to the original project since receiving your Board's issuance for the above referenced permit. Therefore, I request that the expiration date be extended to March 1, 2003. Thank you in advance for your cooperation. Should you have any questions regarding this matter, please feel free to contact this office at any time. Sincerely, an$ enc. ~e: M. McDonald Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. DATE: October 24, 199( ISSUED TO Mark McDonald 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 1952: and the Soufhold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER tdATERIALS FROId LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board adopted at a meeting held on October. 23 19 96 , and in consideration of the sum of $ 150.00 paid by Suffolk Environmental Consulting on behalf of M. McDonalc of N.Y. and subject fo the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permlfs the following: to construct a singlefamily dwelling, deck, pool, sanitary system approx. 75' from edge of wetlands with haybMes left at the 7~ contour line with a silt fence. all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this dat,e. Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 24. 1996 Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 Re: Mark McDonald SCTM #89-3-11.3 Dear Mr. Anderson: The following action was taken by the Board of Town Trustees during its regular meeting held on October 23, 1996 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of MARK MCDONALD applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 4, 1996, 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 October 23, 1996, 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 standard set forth in Chapter 37-18 of the Southold Town Code, 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 grant a Wetland Permit to construct a single-family dwelling, deck, pool, sanitary system approx. 75' from edge of wetlands with haybales left at the 7' contour line with a silt fence. and, BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None. Very truly yours, hlDert J. Krupski, Jr. President, Board of Trustees AJK/jmd cc: CAC New York State Department of Environmental Conservation Building 40 - SUNY, Stony Brook, NY 11790-2356 Phone (516) 444-0365 Fax # (516) 444-0360 John p. Mark S. McDonald PO Box 1000 Southold, I~ 11971 March 13, RE:1-4738-01445/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, RE:jr Enclosure File Charles T. Hamilton Permit Administrator DEC PERMIT NUMBER 1-47'58-01445/00001 FACILITY/PROGRAM NUMBER(S) PE IT Under the Environmental Conservation Law TYPE OF PERMIT I Ne~ O Renewal D Modification 0 Permit to Construct 0 Permi O 0 0 O Articie 15, Title 5: Protection of Maters Article 15, Title 15: gater Supply ArticJe 15, Title 15: gater Transport Article 15, ?itle 15: Long Island ~elis Article 15, Title 27: ~i[d, Scenic and Recreational Rivers Other: I EXPIRATION I~l'~a(~ ) ..... March 31, )00 ~ ........ to Operate I 6NyCHR 608: Uater Quality D Article 27. Title 7; 6NYCRR 360: Certification Solid ~aste Manag~nt Article 17~ Tit[es 7, 8: SPOES D Article 27, Title 9; 6~YCRR ]~: Article 19: Air Pollution Control ~ Article 3~: Coastal Erosion Article 2], Title 27: Mined La~ Rec[a~tion D Article ~6: F[o~ptain Article 2~: Freshwater ~etta~s Article 25: Tidal ~et[a~s 6NYCRR 380: Radiation Control PERMIT ISSUED TO Mark S. McOonaJd J TELEPHONE NUMBER 516-765-3677 ADDRESS OF PERMITTEE PO Box 1000 Southold, NY 11971 CONTACT PERSON FOR PERMITTED ~ORK Bruce Anderson TELEPHONE NUMBER PO Box 2003, Brldgehampton, NY 11932-2003 NAME AND ADDRESS OF PROJECT/FACILITY McDonald Property Private Road off Orchard Lane LOCATION OF PROJECT/FACILITY Southotd COUNTY I TOt4N Suffolk Southo[d DESCRIPTION OF AUTHORIZED ACTIVITY WATERCOURSE Cedar Beach Harbor NYTN COORDINATES Construct single family dwelling, deck, poD[ and sanitary system. Place 493 cubic yards of fi[i. a[[ work shall be done according to survey prepared by Van T~r~l dated 9/18/96 arid stan1~ed NYSDEC al:~rovecl on 3/13/97. By acceptance of this permit, the pormittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Spoctat Conditions included as part of this permit. PERMIT ADMINISTRATOR: Charles T. Hamilton JADDRESS Bldg. 60, SUNY, Roc~ 219, Stony Brook, NY 11790-2356 DATE 3/13/97 Page 1 of ~ GENERAL CONDITIONS Inspections 1. T~e permitted site or facility, including relevant records, is subject to in- s)ection 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 represen- tative may order the work suspended pursuant to ECL 71-0201 and c(~py of this permit, includin~ :~ ~ ........ SAPA 401(3). A v ~,, -:-~runcuu maps, erawings and special c(~nditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. Tke Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered: or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. Th~ permittee must submit a separate written application to the Department for re:~ewal, modification or transfer of this permit. Such application must include an,/ forms, fees or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. 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. 5. Unless expressly provided for by the Department. issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by th( Department or any of the terms, conditions or requirements contained in such orcer or determination. Legal Obligations of Permittee The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this per~it and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. Other 6. Thi~ p6rmit 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. The permittee is responsible for obtaining any other permits, approvals, lands eas(~ments and rights-of-way that may be required for this project. ' ADDITIONAL GENERAL CONDITIONS EOR ARTICLES 15 (Title 5J, 24, 2S. 34 and 6 NYCRR Part 608 ( 9 That if future operations by the State of New York requite an al- teration in the position of the structure or work herein authorized, or if, in the o~inion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said the people of the State, or cause loss or destruction of the natural thereby wilhout expense to the State. and if, upon the expiration or 14 revocation of this permit the structure, fill. excavation, or other modifica0cn of the watercourse hereby authorized shall not be corn- 15 plated, the owners, shall, without expense to the State, and to such Conservation may require, remove all or any portion of the uncompleted structure o' fill and restore to its former condition the navigable and flood c lpacity of the watercourse, No claim shall be made against the State ol New York on account of any such removal or alteration IP That the SN te of New York shall in'no case he liable for any damage 16 or iniury to the structure or work herein authorized which may be caused by or resull from future operations undertaken by the State for the no claim or right to compensation shall accrue from an'/such damage. I 1 Granting of this permit does not relieve the applicant of the responsi- 17 bility of obtaining any other permission, consent or approval from the U S ArtW Corps of Engineers. U.S Coast Guard, New York State Office of G~ neral Services or local government which may be required 12 All necessary precautions'shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, ~olvents. lubricants, epoxy coatings, paints, concrete, leachate or any Tidal Wetlands ! other environmentally deleterious materials associated with the project. Any material dredged in the prosecution 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. There shall be no unreasonable interference with navigation by the work herein authorized If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicanlc shall, without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6 NYCRR Part 608. the NYS Oepartment of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301. 302. 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 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 on SPECIALCONDITIONS 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. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. All areas of soil disturbance resulting from this project shall be stabilized immediately following project completion or prior to permit expiration, whichever comes first. The approved methodologies are as follows: stabilization of the entire disturbed area with appropriate vegetation (grasses, etc.). stabilized as per specifications identified on approved plans. temporarily stabilized with straw or hay mulch or jute matting or other similar natural fiber matting within 1 week of final grading. Temporary stabilization shall be maintained until a mature vegetative cover is established. 4. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas ,~t¢,er~t,,.~u~s~prcater than 50 linear feet from the tidal wetland boundary. 1-4738-01445/00001 I Page3 of ~ SPECIAL CONDITIONS; ForArticle 25 Tidal Wetlands ( 3 Ail 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. All fill shall consist of "clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris). To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or t~pography within an area extending 50 linear feet landward of the tidal wetland boundary. A row of staked hay bales or approvable erosion control devices shall be placed at the landward edge of the buffer area or 50 linear feet from the tidal wetland boundary, or as per NYSDEC approved plan, at commencement of regulated activities and remain in place until project is completed and all disturbed areas stabilized with vegetation. Roof runoff shall be directed to drywells a minimum of 100 feet landward of the tidal wetland boundary for immediate on- site recharge. 10. Dry wells for pool filter backwash shall be located a minimum of 100 feet landward of the tidal wetland boundary. 11. There shall be no draining of swimming pool water directly or indirectly into tidal wetlands or protected buffer areas. 12. Driveways and parking areas shall be constructed of pervious material. 13. Roads, direct areas. driveways, and/or parking areas shall be graded to runoff away from tidal wetlands and protected buffer 14. 15. Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. The permittee shall incorporate the following language as a notice covenant to the deed: "Regulated tidal wetlands associated with Cedar Beach Harbor are located at Private Road off Orchard Lane, County Tax Map Number: District 1000, Section 089, Block 3, Lot 11.3, otherwise known as th~ properties of Mark S. McDonald and his heirs, assigns, or I 95-'20 61 (7/87} -- 25c NEW YORK STATE DEPARTMENT or ENVIRONME,NTAL CONSERVATION For Article 25 SPECIAl CONDITIONS Tidal Wetlands successors. This property is subject to the provisions of New York State Environmental Conservation Law (ECL) Article 25 oc its successor, and the conduct of regulated activities may occur only pursuant to ECL Article 25 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) or its successor. Regulated activities include, but are not limited to the erection of any structure(s); excavation; dredging Grading and filling; clearing of egetatlon; and application of chemicals. This deed covenant shall be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be sent within one calendar year of the issuance of this permit to: NYSDEC, Regional Manager, Bureau of Marine Habitat Protection, SUNY Building 40, Stony Brook, New York 11790-2356. Supplementary Special Conditions A Thru F Attached. DEC PERMIT NLLMBER ]-4738-0~445/00001 FACILITY ID NUMBER Page 5 of I~ The following conditions ~pply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: A. A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completgd. B. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, %tnderstands, and complies with this permit and all its general, special, and supplementary special conditions. AnF 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. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulator~ Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary 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 submission of a new application for per, it. 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 the permitted work, the bottom portion of that form shall also be signed and retu_~ned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be under-taken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. The granting of this permit does not relieve the permittee of the responsibility 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, N~ 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. -N- SOUTH 3 II