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Home My WebLink AboutTR-1812Albert J. Krupski, President James King, Vice-President Artie Foster Ken Po]iwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 Februa~ 16,2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Virginia R. Conway 110 E. St. Marks Place Valley Stream, L.I., NY 11580 RE: 5150 New Suffolk Ave, Matfituck SCTM# 115-10-4 Dear Ms. Conway: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday February 16, 2005: RESOLVED, that the Southold Town Board of Trustees DENY the Amendment to Permit # 1812 to add a jet ski float to the end of their dock because it is not allowed to increase the size of the dock and the coverage of creek bottom. Jet ski float must be removed within 60 days of the date of this notice. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, President, Board of Trustees AJK:hct Telephone (631) 765-1892 'Fown Hall 53095 Route 25 P.O, Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Mon., February 14, 2005, the following recommendation was made: Moved by Doris McGreevy, seconded by Jack McGreevy, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A CONDITION of the application of VIRGINIA CONWAY to Amend Permit #1812 to include the existing 5'X 8' (jet-ski) float at the end of the dock. Located: 5150 New Suffolk Ave., Mattituck. SCTM#115-10-4 The CAC recommends Approval of the application with the Condition the float is repositioned parallel to the bulkhead. Vote of Council: Ayes: All Motion Carried NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE' OF VIOLATION Date: To: t ,.', ~-~;~ ~,,Ol r3 u k~wner or authorized agent of owner) Address: ~'~ ~' :, D-'n,cg-7 ?~ .... ~ i, -~ ' (Address of owner or authored a~ent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 ~ticle II, Section 97-20 a presses hereinafter described in that ~,v ~9~,~"., ~.~ ? ~ D ~ /. You are therefore directed and ordered to comply with the following: on or before the ~ 53 ::~- day of :/21 ~.~,o ,20 o~,-z". The premises to which this Notice of Violation refers are situated at: c': ce *; ' . ~ · /1,, r-'~ -T?'c!,< Town of Southold, Suffolk County, NY (Suffolk County Tax Map Designation: Dist. 1000 Section: Ii :,, Block: ~' Lot: ~7' ) Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both: NOTICE: 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, Tb_~y~n of Southold, NY Date of 8ir~h I r-i Temp Res. - Foreign I I Indian ~ Asian ~ Unk. ~ Hi~nic ~ Unk. ~ Light ~ Dark ~ Unk. L N DCJS-3205 12/97) *FALSE STATEMENTS ARE PUNISH.a, RIFA~ACRIME PH~' NTTC) THE' '"YC~"ST^TE JAMES C. McMAHON Administrator Telephone (516) 765-1892 Fax (516) 765-3136 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 December 1, 1999 Virginia R. Conway 5150 New Suffolk Ave Mattituck, NY 11952 RE: SCTM #115-10-4 Dear Ms. Conway, The Southold Town Board of Trustees approved the request for an Amendment to Permit #1812 to replace pilings and to reduce the amount of pilings. Located: 5150 New Suffolk Ave., Mattituck. However, this does not constitute any permits from other agencies. If you have any questions, please call our office, at 765-1892. Sincerely, Albert J. Krupskl, Jr. President, Board of Trustees AJK/djh Telephone (516) 765-18q~. 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 Conse~ation Advisory Council held Monday, September 20, 1999, the following recommendation was made: Moved by Melvyn Morris, seconded by Richard Smith, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Amendment Request of VIRGINIA IL CONWAY 118-10-4 to Amend Permit # 1812 to allow for the replacement of pilings and to Transfer the Permit from Robert Garben to Virginia R. Conway. 5150 New Suffolk Ave., Mattituck Vote of Council: Ayes: All Motion Carried ALL MOORINGS AND STAKES MUST DISPLAY VISIBLE MOORI NUMBERS ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS Board Of $outhold Town Trustees Mooring ~ N~(~UTHOLD, NEW YORK PERMIT NO ....... 3~.~ ~ ~ ......... ISSUED TO .,...~9~grt Garben ........................ Antl ori ati n Pursuant fo the provisions of Chapter 615 of fha Laws of the State of New York, )893; and Chapter 404 of the Laws of the State o{ New York 1952; and the Soul,old Town Ordinance tlt~ed "REGULATING, 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 ;. accordance with the Resolution of The Board adopted at a meeting ~teld o~l~R~'.ck 19.8~...L, and in consideration of fha sum of $ 5, D.~ ........ pa~d by .......................................... ~.~.~.~.....G...~.~.~ ....................................................................... M ........ .~..~:%%.i..~.~.~; ................................................. N. Y. and s,biect to Terms and Cond;flons J;sfed on the reverse side hereo{, of SoufhoJd Town Trustees authorizes and permits the following: Application approved to secure a permit for a dock, under the grandfather clause~ all in acc- ordance with the application submitted, in Matt- ituck Creek. all in accordance w~fh the defalJed speciCJcafions as presented in fhe or;ginafing application. IN WITNESS WHEREOF, The said Board of Trustees h,ere- by causes ifs Corporate Seal fo be affixed, and these presents to be subscr,bed bye major;fy of the s~d Board as of f~is da.f.e~ ~ .... ............... % Ct c Virginia Conway- Order Page 1 of 6 STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of the Alleged Violations of Articles 15, 25 and 71 of the New York State Environmental Conservation Law ("ECL"), and Parts 608 and 661 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), by ORDER VIRGINIA CONWAY FILE NO. R1-20010731-153 (Suffolk County) Respondent WHEREAS: 1. Pursuant to a Notice of Hearing and Complaint dated August 23, 2001, New York State Departmem of Environmental Conservation (hereinafter referred to as the "DEC" or the "Department") Region One Staff commenced an administrative enforcement proceeding against the above-named Respondent. 2. Respondent was properly served with the Notice of Hearing and Complaint by Certified Mail on August 27, 2001. 3. Service of process was accomplished in accordance with 6 NYCRR §622.3. 4. A two week extension of time was granted to Respondent when she failed to serve an Answer to Departmem Staffs Complaint within the proper time frame. The extension of time required that an Answer be served by October 3, 2001. Respondent has failed to serve an Answer to Department Staffs Complaint within that time or since. 5. With respect to such failure to answer, DEC Staff made a Motion for Default Judgment pursuant to 6 NYCRR §622.15. 6. Pursuant to 6 NYCRR §622.15, Respondent is found to be in default and as such has waived her right to a hearing in this enforcement proceeding. Accordingly, Department Staffs allegations against Respondent in its Complaint are deemed to have been admitted by the Respondent. 7. Respondent has violated ECL Article 25 and 6 NYCRR Part 661 by eight (8) separate activities, including: the substantial reconstruction of a 5' x 9.5' landing, 3' x t0' stairway, 4.5' x 5' landing, 3' x 18.5' stairway, 5' x 71.75' fixed dock including the installation of 9" piles, 4' x 14' ramp and a 8' x 20' float, and the clear-cutting of vegetation in the regulated adjacent area to a regulated tidal wetland, as set forth in detail in the complaint. 8. Pursuant to ECL §71-2503, any person who violates any provisions of or who fails to perform any duty imposed by ECL Article 25 and 6 NYCRR Part 661, is subject to a civil penalty of up to ten thousand ($t0,000) dollars for each violation, and for each day the violation continues, as well as criminal penalties and injunctive relief. 9. Respondent has violated ECL Article 15 and 6 NYCRR Part 608 through the jetting in of pilings below the mean high water level in tidal wetlands that are adjacent to and contiguous to navigable waters of the state, as set forth in detail in the complaint. http://www, dec. state.ny.us/website/ohms/decis/conwayo, htm 3/13/2003 Virginia Conway - Order Page 2 of 6 10. Pursuant to ECL 71-1107, any person who violates any provisions of or who falls to perform any · duty imposed by ECL Article 15 and 6 NYCRR 608.5 subjects the violator to a civil penalty of up to five thousand ($5,000) dollars for each violation. 11. Pursuant to a Notice of Hearing and Complaint dated October 25, 2001, Department Region One Staff commenced an administrative enforcement proceeding against the above-named Respondent. 12. Respondent was properly served with the Notice of Hearing and Complaint by Certified Mail on October 31, 2001. 13. Service of process was accomplished in accordance with 6 NYCRR §622.3. 14. The time for Respondent to serve an Answer expired on November 20, 2001. Respondent has failed to serve an Answer to Department Staffs Complaint within that time, or since. 15. Respondent was properly served with a Notice of Pre-Hearing Conference by Certified Mail on October 31,2001, to take place on November 8, 2001, and the Respondent failed to appear. 16. With respect to such failure to answer or appear, DEC Staffmade a Motion for Default Judgment pursuant to 6 NYCRR §622.15. 17. Pursuant to 6 NYCRR §622.15, Respondent is found to be in default and as such has waived his right to a hearing in this enforcement proceeding. Accordingly, Department Staffs allegations against Respondent in its Complaint are deemed to have been admitted by the Respondent. 18. Respondent has violated ECL Article 25 and 6 NYCRR Part 661 through the jetting in of pilings in regulated tidal wetlands, as set forth in detail in the complaint. 19. Pursuant to ECL §71-2503, any person who violates any provisions of or who falls to perform any duty imposed by ECL Article 25 and 6 NYCRR Part 661, is subject to a civil penalty of up to ten thousand ($ i0,000) dollars for each violation, and for each day the violation continues, as well as criminal penalties and injunctive relief. 20. Respondent has violated ECL Article 15 and 6 NYCRR Part 608 through the jetting in of pilings below the mean high water level in tidal wetlands that are adjacent to and contiguous to navigable waters of the state, as set forth in detail in the complaint. 21. Pursuant to ECL 71-1107, any person who violates any provisions of or who fails to perform any duty imposed by ECL Article 15 and 6 NYCRR 608.5 subjects the violator to a civil penalty of up to five thousand ($5,000) dollars for each violation. NOW, THEREFORE, having considered this matter and being duly advised, it is ORDERED that: I. The Respondent is in default for having failed to answer the complaint and is found to have violated ECL Articles 15, 25 and 71 and 6 NYCRR Parts 608 and 661, and based upon Department Staffs recommendations concerning a reduction in the penalty from the statutory maximum, Respondent is assessed a civil penalty of fifty thousand ($50,000) dollars. Respondent shall, within ten (10) days of the service of a conformed copy of this Order, submit this penalty payment by Certified Check or Money Order made out to "NYSDEC" to: Regional Attorney, Legal Affairs Region One, New York State Department of Environmental Conservation, Building #40, SUNY Campus, Stony Brook, NY 11790- http://www, dec. state.ny.us/website/ohrns/decis/conwayo.htm 3/13/2003 Virginia Conway - Order Page 3 of 6 2356, II. Respondent shall immediately remove all structures constituting violations at the Site. III. All communications between Respondent and Department Staff concerning this Order shall be made to: Raymond E. Cowen, PE, Regional Director, Region One, New York State Department of Environmental Conservation, Building # 40, SUNY Campus, Stony Brook, NY 11790-2356. IV. The provisions, terms and conditions of the Order shall bind Respondent, all agents, servants, employees, successors and assigns and all persons, firms and corporations acting for or on behalf of Respondent. For the New York State Depar of Environmental Conservatio By: / Erin M. Crotty, Commissioner Dated: Albany, New York January 23, 2003 TO: Mr. and Mrs. Conway 5150 New Suffolk Avenue Mattituck, NY 11952 Mr. and Mrs. Conway 110 East St. Marks Place Valley Stream, New York 11580 Craig L. Elgut, Esq. Assistant Regional Attorney NYSDEC Region 1 Building # 40, SUNY Campus Stony Brook, New York 11790-2356 STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION In the Matter of the Alleged Violation of DEFAULT Articles 15 and 25 of the Environmental Conservation SUMMARY Law of the State of New York and Parts 608 and 661 of Title 6 REPORT of NYCRR of the State of New York ("6 NYCRR") by VIRGINIA CONWAY, DEC File No. R1-20010731-153 Respondent. Proceedinqs http://www, dec. state, ny.us/website/ohms/decis/conwayo, hlm 3/13/2003 Virginia Conway - Order Page 4 of 6 By Notice of Motion dated December 27, 2001 Staff of the Department of Envir Conservation ("DEC", "Department") sought a judgment by default against Virginia Con ("Respondent") concerning alleged violations of Articles 15 and 25 of the Environmen Conservation Law ("ECL") and 6 NYCRR Parts 608 and 661. It is alleged by DEC that Respondent violated ECL §25-0401and §15-0505 as well as 6 NYCRR §661.8 and §608.5 by causing or permitting to be caused substantial reconstruction of a 5' x 9.5' landing stairway, 4.5' x 5' landing and a 3' x 18.5' stairway in regulated adjacent area to wetland without the required permit; by causing or permitting to be caused substanti reconstruction of a 5 x 71.75' fixed dock including 9" pilings, 4' x 14' ramp and 8 regulated tidal wetlands without the required permit; by causing or permitting to be cutting of vegetation in regulated adjacent area to a regulated tidal wetland withou permit; by causing or permitting to be caused the installation of piles in regulated and in navigable waters of the State without the required permit; by causing or perm caused the installation of 4 pilings in regulated tidal wetlands without a permit; b permitting to be caused the installation of 4 pilings in regulated tidal wetlands an waters of the State without the required permit. In support of its motion, DEC submitted an affirmation of Assistant Region Craig Lawrence Elgut, Esq. dated December 27, 2001, a proposed Order and proof of service of two Notices of Hearing and Complaint on the Respondent, one dated August and the second dated October 25, 2001. As of the date of the Motion, Respondent has failed to appear and serve an a either Complaint or otherwise move. With regards to the Complaint dated August 23, Respondent's husband Paul Conway appeared for the Pre-Hearing Conference on Septembe 2001 and the Respondent was granted a 2 week extension of time to serve an answer to Complaint. No answer has been served to date. With regards to the Complaint dated October 25, 2001 the time to answer or otherwise appear expired on November 14, 2001 answer has been served to date. Further, Staff submitted proof that said Notice of Complaint directed Respondent to appear for a pre-hearing conference with regards to October 25, 2001 Complaint on November 8, 2001 and Respondent failed to appear at sa conference and did not obtain, nor request an adjournment of the conference. Respondent was served with the Notice of Motion for Default Judgment and sup papers on or about December 27, 2001. Respondent has not opposed the motion. DEFAULT PROCEDURES: Section 622.15, "Default Procedures" provides, in pertinent part: ( for a default judgment .... must contain: (1) proof of service upon the Respondent o hearing and complaint or such other document which commenced the proceeding; (2) pro the respondent's failure to appear or failure to file a timely answer; and {3) a pr The following Findings are based upon the papers submitted, as identified ab http://www, dec. state, ny.us/website/ohms/decis/conwayo.hlm 3/13/2003 Virginia Conway - Order Page 5 of 6 FINDINGS 1. On August 23, 2001 Staff served a Notice of Hearing and Complaint da 23, 2001 on Respondent Virginia Conway. The time to answer or otherwise move expired on October 9, 2001. No answer has been served to date. 2. The Notice for Hearing and Complaint dated August 23, 2001 directed Respondent to appear for a pre-hearing conference on September 19, 2001. Respondent did not appear but her husband Paul Conway appeared on her behalf. The Respondent was granted a 14 day extension of time to serve an answer to the August 23, 2001 complaint. No answer was served. 3. Staff served a Notice of Hearing and Complaint dated October 25, Respondent Virginia Conway. The time to answer or otherwise move expired on November 14, 2001. No answer has been served to date. 200 4. The Notice for Hearing and Complaint dated October 25, 2001 directed Respondent to appear for a pre-hearing conference on November 8, 2001. Respondent failed to appear for the conference. 5. Staff served the motion for default judgment and supporting papers on Respondent on or about December 27, 2001. Respondent has not opposed said motion. The time to serve papers in opposition expired on or about January 16, 2002. 6. The requirements for a default judgment have been adequately met as by 6 NYCRR section 622o15(b). CONCLUSION The motion for default judgment should be granted. This Summary Report and S proposed Order (attached hereto) can be referred to the Commissioner for final deter Is~ Molly T. McBride Administrative Law Judge To: craig L. Elgut, Esq. NYS Department of Environmental Conservation Region 1 Office Building 40 SUNY Stony Brook Campus Stony Brook, New York 11790-2356 http://www, dec. state.ny.us/website/ohms/decis/conwayo.htm 3/13/2003 Virginia Conway - Order Page 6 of 6 Virginia Conway 5150 New Suffolk Avenue Mattituck, New York 11952 Virginia Conway 110 East St. Marks Place Valley Stream, New York 11580 http://www, dec. state.ny, us/website/ohms/decis/conwayo, htm 3/13/2003 TITLE No. $- ~o4. ~G/ ~.ulLb , No. APPROVEI BY BOARD OF TRUSTEES TOWN OF $OUTHOLD JOHN P. SEARBY LAND SURYEYOR 22. CENTRAL A. VE. MASSAPEQUA, FI. Y. GUARANTEED TO: }OUNDATION MIASUIIM~T$ U, S, STANDA~ HOUSE LOCATION F, B, Ne Albert J. Krupski, President James King, Vice-President Artie Foster Ken.Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES · TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A PERMIT ADDRESS PROP ERTY LOC:A xo. JAN I 2 2005 Southold Town Bo.qrd of Trustees Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~ Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ AFFIDAVIT OF POSTING I, ~/-- ~/%/~//~ , residing at ~-/~'-(3 c~r/~c~L/<_/F~/C_; being duly sworn, depo/e and say: That on the /[7!._ day of~/C , 199~, I pe.rsonally posted the property known as ~-/o~o/~//~3' ~f~-~_ /~7/~! ~//~-Ff/T~YcX~ ~/9 by placing the Board of Trustees official poster where it/can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the ~,~.blic hearing. (date of hearing noted thereon to be held ~?%J Dated: y~Q --f~ / Sworn to befo~ m~ this N t~flY~Pu]~ic o JOSEPH J. LIGUORI. SR. NOTARY PUBLIC, Elate o; New York No. 01LI460PA69 Qualified in Nassau County,-;~n,~ ,, Commission Expires July 31. 'm~../,.//