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TR-6289
0 • James F. King, President f3 soulyo Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road y P.O. Box 1179 Dave Bergen 4 T Southold, New York 11971-0959 John Bredemeyer y Q Michael J. Domino Telephone (631) 765-1892 C0U01 Fax (631) 765-6641 ~yN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0936C Date: November 26, 2013 THIS CERTIFIES that the construction of a 95 linear foot by 4' wide fixed pier with Thru-Flow decking on +/-38 linear feet of the existing vier over the vegetated wetlands; a 3'x20' hinged ram and an 8'x20' floating dock for a total length of 125'. At Peninsula Road, Fishers Island, New York Suffolk County Tax Map # 10-11-5.8 Conforms to the application for a Trustees Permit heretofore filed in this office Dated October 26, 2005 pursuant to which Trustees Wetland Permit #6289 Dated February 15, 2006 was issued and Amended on October 21, 2009 and Amended again on June 19, 2013 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of a 95 linear foot by 4' wide fixed pier with Thru-Flow decking on +/-38 linear feet of the existing pier over the vegetated wetlands; a 3'x20' hinged ramp; and an 8'x20' floating dock, for a total length of 125'. The certificate is issued to SUSANNA DOYLE owner of the aforesaid property. Authorized Signature Dooko, Ino. Serving the waterfront community since 1987 i P.O. Box 421, Mystic, Gr 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com October 30, 2013 Mr. James King, President NOV - 4 2013 Southold Board of Trustees Samhaa dwn P.O. Box 1179 Southold, NY 11971 RE: Doyle, Permit Number 6289 Dear Mr. King, A month or so ago we mailed you a letter indicating the status of the Doyle project in Pirates Cove on Fishers Island. Attached is a copy of the letter and drawing for the project depicting 38LF of "Thru-Flow" decking. In order for us to close this project out formally with the Doyles, we need to have some kind of acknowledgement from you that our final letter report indicated adequate compliance with the permit and that the project is closed out as far as you are concerned. It would be greatly appreciated if you could furnish us with something to that affect. If not, please give me a call and let me know what other steps we need to take in order to. secure some kind of evidence of closure. Your assistance, as always, is appreciated. I'll see you on the 13th. Yours Truly, Docko Incorporated Keith B. Neilson, P.E. ~ ~L KBNc tw CC: Cc: Sherri Aicher, Anita Di Gioia, Esquire Suzanna Doyle, Andrew Walker Enclosure FILE: 03-09-1488 DOYLE OOko, Inc. Serving the waterfront community since 1987 P.O. Box 421, Mystic, C71`06355 (860) 572-8939 Fax: (860) 572-7569, email: permitsfdocko.com m R a September 6, 2013 ~ D LNO 4 201 3 James King, President Southold Board of Trustees P.O. Box 1179 r Southold, NY 11971 Re: Doyle Property, Fishers Island Dock Conditions Report Dear Mr. King: I am pleased to inform you that the modifications required of the wood pile and timber pier at the Doyle property on Pirates Cove in Fishers Island have been rectified as required. 38(+/-) LF of thm flow decking has been installed over the tidal wetlands vegetation in lieu of the previously installed decking. No other modifications to the pier and floating dock structure were required. This letter is to indicate that the conditions required of Wetland permit number 6289 and your letter have been complied with. I trust you will find this notification acceptable and complete to close out the Notice of Violation on this project. If there is a need for further information please do not hesitate to give me a call at your convenience. Your assistance in resolving this matter was greatly appreciated. Yours truly, DOCKO, INC. Keith B. Neilson, P.E. KBN: cb Cc: Sherri Aicher, Anita Di Gioia, Esquire Suzanna Doyle, Andrew Walker File: 03-09-1488 DOYLE 1 -7 - ~7 c0 v G N I 1 \ ~ BOR I POSSIBLE mil` r-T \ PARI?N LIN NOV NT F31L / NEW 4 'X 2• FLOAT NEW 3'X,2q - - RAMP N6*4-FT WIDE FNEO PI NEW PIER & NO DECK EL 55•s ~mlpf \ \ RAILWAY p~ER-- - I-~ -~-t 5F'ARTINA / y y,r t TOP OF ePqI~ I ALTERNllFLORA (1Yp~ .t .°dO~NG sHoRE ,i NEW p1E!¢SUPPt'ZRT/ •~.r.,.. :R:t''`~ry PILE ~ ~ , AD,JUSr7N ~ - . . \DEGKING TO MATCH •t D Y t: SPACING , • n•r ..,5 . Y` Y I i I Y YY Y ~ / Y Y - 'Y ~x • J•'i 1 V, ~ Y Y Y Y'Y •Y M Y ~•,y'S. r~.<'•:4 :S•%f{'^\..:w~'Y , Y 'C Y na~fST .e~ Y\1Y Y t Y i.".~.`:C••..e ..,..,,v I ~ + Y_. Y Y Y Y. Y . . Y tr~~ tN~"±'.: WF PR{~r G(S<{ { • i 1.E Y 6 • i•': •-.Vi'-:•v ..J rtMII1 C+ti M Y Y Y wRTIN \tYY Y\Y Y Y^•''v'~^Y:: .y. Q pi qtr l:z? i"i4.+..rc : •~Y!\• PATENS 0-yM {J;{ ia."+.e,.`a~^/'••~{'t~•y~ w3u.. 8p~ ~.F FOUNC 4' '+r/ Y Y \t \ {~`'•.:..'!'•.r' z: t: ~ ".',:1.,~7~•,•~.~,•.\.' RUSH<. / _ Y41+ • d F.iJ!' SQf NOf14t :4 / Y+ Y Yt+."~/ :q.' e~eao ~wi. yN B e wft2 + : y{PERTY ^`R Sei+i•13 •t:. •K• B RUSI-I + Y<.X,:,; OF HI~Fi TID . ` Ea PANK EtMtZ`.'*. APP i • rGR { {L~ ut<Fl•~ n PROPERTY- OF JNE DOYLE SURVEY by J. DB'1PSEYIt ASSOOATES GRAPM 5CM.8 1'.40- wE'Il-fYVDS FLAGGED by Rla-AW SNAP. ao 70 o 40 PROJECT NEW FD<Ep PIER and FLOAT QF RSVIgfiD 10-r SD. LOGA710* FISHERS SLAM. TOWN OF50UT = 10-FT SLFFOI• WLKIY NEWYOW ~ = AKE! WATERWAY.. PIRATES l 9 REVF~ X1513 OOVB WEST HARBOR ~'u 1 9p~ TiiRllgObVDECbNG DAM OCTOBE23,20M D 0 C APRJCANT-. 0 os , op asst ~Aa ocKo, INC. -~q gO,PC sm "Ya ; k CT C O p~ 8605728939 FAX 8605727569 a*lA -&dw@~rwt DWG 03-Og_1488 edn, a. r{.aY~Y. o«k, r~ ansi~ a25.w oattE~e.eg Docko, Inc. Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: p ermits@docko.com September 6, 2013 Mr. Andrew Walker E NYS DEC ~I~r__-_= D Regional Manager Bureau of Habitat SUNY@Stony Brook 5EP i 1 2013 50 Circle Rd, Stony Brook, NY 11790 southf d lown Re: Doyle Property, Fishers Island Dock Conditions Report Dear Mr. Walker: Following up on your letter dated December 6, 2012, I am pleased to inform you that the modifications required of the wood pile and timber pier at the Doyle property on Pirates Cove in Fishers Island have been rectified as required. 38(+/-) LF of thru flow decking has been installed over the tidal wetlands vegetation in lieu of the previously installed decking. No other modifications to the pier and floating dock structure were required. This letter is to indicate that the conditions required of NYSDEC permit number 1-4738- 03540/00001 and your letter have been complied with. I trust you will find this notification acceptable and complete to close out the Notice of Violation on this project. If the need for further information arises please do not hesitate to give me a call at your convenience. Your assistance in resolving this matter was greatly appreciated. Yours truly, DOCKO, INC. ~Ajz--A b---_ Keith B. Neilson, P.E. KBN: cb Cc: Sherri Aicher, Anita Di Gioia, Esquire Suzanna Doyle, Jim King File: 03-09-1488 DOYLE Dockc, Inc. Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: pemmRs0docko.com Se tembe r 6, 2013 F ESEP Mr. James King, President 9 2013 Southold Board of Trustees P.O. Box 1179 __Southold, NY 11971 ald town IT- -Re: Doyle Property, Fishers Island Dock Conditions Report Dear Mr. King: I am pleased to inform you that the modifications required of the wood pile and timber pier at the Doyle property on Pirates Cove in Fishers Island have been rectified as required. 38(+/-) LF of thru flow decking has been installed over the tidal wetlands vegetation in lieu of the previously installed decking. No other modifications to the pier and floating dock structure were required. This letter is to indicate that the conditions required of Wetland permit number 6289 and your letter have been complied with. I trust you will find this notification acceptable and complete to close out the Notice of Violation on this project. If there is a need for further information please do not hesitate to give me a call at your convenience. Your assistance in resolving this matter was greatly appreciated. Yours truly, DO%CCKO, INC. Keith B. Neilson, P.E. KBN: cb Cc: Sherri Aicher, Anita Di Gioia, Esquire Suzanna Doyle, Andrew Walker File: 03-09-1488 DOYLE • . James F. King, President of soulyo Town Hall Annex Jill M. Doherty, Vice-President h~ 6 54375 Main Road P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen N Bob Ghosio, Jr. ~Q Telephone (631) 765-1892 l~'jy,,nM Fax (631) 765-6641 ~~YYU111'~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 21, 2009 Ms. Susanna Doyle 131 East 81St St. New York, NY 10028 RE: PENINSULA RD., FISHERS ISLAND SCTM#10-11-5.8 Dear Ms. Doyle: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., October 21, 2009 Amending Wetland Permit #6289 issued to SUSANNA DOYLE on February 15, 2006 to construct a 95 If. fixed wood pile and timber pier elevated to clear tidal wetlands; install a new TX 20' hinged ramp and an 8'X 20' float all at or waterward of the apparent high water line, for a total length of 125', as depicted on the plan prepared by Docko, Inc. dated October 3, 2005, as follows: WHEREAS, we incorporate the prior testimony, findings, and decision on the application and that the hearing was re-opened on December 13, 2006, and testimony was taken by Stephen L. Hamm, Esq. representing that his client has deeded rights over a portion of the Doyle waterfront, and, WHEREAS, that if an easement with deeded rights exists, the Board of Trustees are without authority to render a determination concerning the parties respective rights to the structure or access thereto, NOW THEREFORE BE IT RESOLVED, that the Board of Trustees Amends Wetland Permit #6289 issued to SUSANNA DOYLE to construct a 95 If. fixed wood pile and timber pier elevated to clear tidal wetlands; install a new TX 20' hinged ramp and an 8'X 20' float all at or waterward of the apparent high water line, for a total length of 125', as depicted on the plan prepared by Docko, Inc. dated October 3, 2005, subject to the rights, if any, of the neighboring easement holder. r 0 2 This is not a determination from any other agency. Sincerely, Ames F. King, Pre ent Board of Trustees JFK:lms Docko, Inc. P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, e-mail: docko@snet.net December 14, 2006 Mr. James King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Susanna Doyle Property Fishers Island Dear Mr. King: Following up on our meeting last night, we respectfully request the opportunity to meet with you and Mr. Hamilton of the NYS DEC at the earliest opportunity to review the findings of your site visit on December 13th and determine the best recourses for permit application modifications so that the dock facility requested by Ms Susanna Doyle can be permitted. Please give roe a call at your earliest convenience or otherwise let me know how you would like to proceed in this regard. We would like to work on behalf of Ms Doyle to resolve these issues as quickly as possible. Yours truly, PDOK101 Keith B. Neilson, P.E. KBN:jm CC: Susanna Doyle DEC 2 1 2006 Gwenmor: McGugan File: 03-09-1488 DOYLE U.S. Postal Service, -U 'Ostal Servicen, ru, CERTIFIED MAIL,,, , IECEIPT '0' CERTIFIED MAILT,, RECEIPT Ln (Domestic Mail Oniy; No Insurance Coverage Provided) -0 Only- No rance Coverage Provided) S (Domestic _ O,y a c"~ ° F4W L V IG ~ "ww V~"i7 M Rain. s $0.39 20 M CO L S o Roetepe $ $0 Cerdned Fee 12.40 OB rA ° CedMkd Fee 03 PO' o Redpt~ 11.85 w,\` ° l~ wvR'aMRgF 7i f PwaitwDky M1 ~ wradRepNb1 10.00 y s M1 (E` njReg.°Wr'°" 10.00 y y ° TotedRaahp.aFe.. $ $4.64 1 ° Tobd ReeroOe a Rae. $ 0 SOW To ° o ° hoc(r d -an Z. ° ; Mr. K M1 86eoL. _~j'._...__ M1oeei%b i74b... mroearNa T~ 1l 31 ^p--•--(-.•-.•-•--•--•--•-••-.•- r arroear"E._E~- .Q-. ..x--_ 1 _1 JLY ~~qV -11..L111.!?. i ciy sm~rawe r-- I~ f~a Reverse for Instruct OT- a6p PS F.uru Postal 11 co CERTIFIED MAIL. RECEIPT CO (Domestic Mail Only; No Insurance Coverage Provided) ~ f m $ $0.39 ru POOMP t $0.39 0 WW 0. o ce Fee 12.40 i Roevn ° Realm R° $2.40 ° (EndommmeaRwOred) $1.85 ~ \ --A ( memR W[eRd) $1.85 Here ° ° ReeMq.d r) Reeldcted DelNery Fee M1 (Endoreenbrd Requ rem 10.00 /Y o ~'b01~`AB1"RBa'~1Bd~ $0.00 vii ~ 1 ° roW Roslap a Fe.. $ $4.64 12/05/2006 S Tom Ram a Rees $ rO ' O o 7 r3 Sent T M1 36W Aft e+PO BOXAh' 425 wposww awa ~ • - ve- loo( PS Form :rr June 2002 I i 601 ~~rin f Gee fc NOTICE TO ADJACENT PROP* OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: SUSANNA DOYLE SCTM#1000-011-5.8 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT 95 LF OF 9-FT WIDE FIXED WOOD PILE AND TIMBER PIER ELEVATED TO CLEAR TIDAL WETLANDS, INSTALL A NEW 3-FT. X 20- FT. HINGED RAMP AND AN 8-FT. X 20-FT. FLOAT ALL AT OR WATERWARD OF THE APPARENT HIGH WATER LINE. THE TOTAL LENGTH OF THE PIER IS APPROXIMATELY 125 FEET. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: SOUTH SHORE OF PIRATE'S COVE. 3. That the property 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: SUSANNA DOYLE MAILING ADDRESS: 131 EAST 81ST STREET, NEW YORK, NY 10028 PHONE (212) 396-9029 Enc.: Copy of sketch or plan showing proposal for your convenience. 5 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held b the SOUTHOLD BOARD OF TRUSTEES at the Town Hall 5 y 3095 Main Road Southold, New York, concerning this property. OWNER(S) OF RECORD:6U6omnrAa QNk SUBJECT T OF toPU 'LIC HEARING: rNU t 4,gq mWr P gal dock, ~t~vgt~aE~az,o~n an au ~a watt TIME & DATE OF PUBLIC HEARING: WWI oatamb" 13, 01006404M or aba"t to 230 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business davs between the hours of a.m and 4 p m BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 ~t - 6'ENDER: COMPLETE THIS SECTION 'i COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. Signature ¦ Complete items 1, 2, and 3. Also complete A. Slgnatu t item 4 if Restricted Delivery is desired. , ? Agent J~ ¦ Print your name and address on the reverse X reeaee item 4 If Restricted Delivery Is desired. X 1 4' Y AIv~, ant so that we can return the card to you. ¦ Print your name and address on the reverse UvU..//WVV11, Addreaae B. Received b Printed Name Nary so that we can return the card to you. B. R ved b Pr/nted N me ` ¦ Attach this card to the back of the mailpiece, IUA& I r O YC ; 1 C Date f ~e v space permits. Ati> e 1 C 2 • Attach this card to the back of the mailpiece, or on the front if C1 I f or on the front If space permits. d &i /Z' e D. Is delivery address d fro item 1 ? Y D Is delivery 1. address different from item 17 ? Yes If YES, enter delivery add 1094 ? N 11. Article Addressed to: C6~WDD If YES, enter delivery address below: ? No 'U IL.~t,V 1~c~nkl~wlGz . °6390 i Mr t Mrs Mlclae.l Flinn 3-DX /-4222_ ^ I , j5 12ovnd Nlll ~d . S I1~S I.5 IG h CY 1 V y 3. Se ype I {r, T / 3. SqkfType Certified .It ? ReEVresIs turn Mall 1 ~ ./'~q n W IC \ C 1 Ov mimed Mail ? Express Mall 06,!3C16 [3 Registered E3 Return Receipt for Merchandise 1 1 J 13 Registered 13 Ratum Receipt for Merchandls, E3 Insured Mall 13 C.O.D. 1 3362 ? Insured Mall ? C.O.D. 4. Restricted Delivery? 0Edrs Feel ? Yes 1 4. Restricted Delivery? (Fxfre Fee) ? yea Article Number 2 (rranster from service label 7004 0750 0002 3808 4592 . rArticle ms Number I 1 (frenslerhomaervieekbe9 7004 0750 0002 3808 4608 3S Form 3811, February 2004 Domestic Return Receipt 1o2s9so24A•154o 1 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 I ~ENIDER: COMPLETE THIS • COMPLETE THIS • ON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. Signature ¦ Complete Items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery Is desired. x ? Agent item 4 If Restricted Delivery Is desired. ? ¦ Print your name and address on the reverse E3 Addressee ¦ Print your name and address on the reverse x ? tse so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery so that we can return the card to you. B. Received by (p( Neme) C. Date of Deliver ¦ Attach this card to the back of the mailpiece, ¦ Attach this card to the back of the mailpiece, or on the front if space permits. or on the front N space permits. D. Is delivery address different from hem 1? ? Yea D. is delivery address ditmM from item 1? 13 Yea 1. Article Addressed to If YES, enter delivery address below: ? No 1. Article Addressed to: If YES, enter delivery address below: ? No ,Icv"a*Cl jy);Oer i bevel opmord CoTt-o-. >k mpsur) TI-pcho-r J- BL,-r+ le N t rq u . 1'2--5 LQxth. + On P1 ve, I r~ JN3~york~ ivy 3. e Type Cent Mall ?ExpessMall I"ISharS ISlahd~ ~1 3.Servi Mal ?EzpessMal I 13 Registered ? Return Receipt for Merchandise - 06 s q D ? Registered ? Return Receipt for Memhandsu ? Insured Mail 13 C.O.O. ? Insured Mall ? C.O.D. 4. Restricted D4rlWeyt (Ease Fee) E3 Yee-1 4. Restricted Delivery? (Extra Fee) ? Yee L Article Number 7004 0750 0002 3808 4585 12. Artlcle Number (Itsnsfer fmm service label) (1lansler from wrvl~lebeq 7004 0750 0002 3808 4578 4S Form 3811, February 2004 Domestic Return Receipt 102595-M-W I6w Ps Form 381 1,' February 2004 - Domestic Return Receipt 102595-02-M-154, ZIENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION O SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete ~Ignature Item 4 if Restricted Delivery is desired. X N \ 0 Agent ¦ Complete items 1, 2, and 3. Also complete A- ¦ Print your name and address on the reverse 11~~-~+~.! ? Addressee Rom 4 If Restricted Delivery Is desired. JM-LLA ~1( ' 0 Agent so that we can return the card to you. ' ¦ Print your name and address on the reverse X 1 ~ 0 Addrmse ¦ Attach this card to the back of the mailpiece, B. Received by (P tad Nerve) C. Data of Delivery so that we can return the card to you. \r, p~1 .~.11 . Received by (Printed Name) C. Date of Deliver or on the front if space permits. ~ UDC. ~F ¦ Attach this card to the back of the mallpiece, 1. Article Addressed to: H D. Is delivery address different from Item 17 0 Yes or on the front If space permits. ~_l~ ~~~~s I` N ^ If YES, enter delivery address below: ? No - D. Is delivery address ry dWerent from ftem 17 0 Yes 1. Article Addressed to: H YES, enter delivery address below: ? No J L C -V EL- 0f H EN I RP r Mrs. K6e-1 FltrV~' DRAWER, ~ X95 (Zovnd ~-{tI( 3. Se a Type Certified Mail 0 Express Mail 06 ~p ~s HE(-S (SL,4~th N ~r eetlce~k(r,,C/C)o3i 3. Se ype ? Registered ? Return Receipt for Merchandise Wterliffed Mall ? Express Mall 13 Insured Mall ? C.O.D. 3 3r j ? Registered ? Return Receipt for Memhandls ~~Cl 4. Restricted Delivery? (Extra Fes) O Yes 0 Insured Mall 0 C.O.D. 2. Article Number 4. Restricted Delivery? (Extre Fee) 0 Yes - (Transfer from s4fjyahyAf11l1i j U4~1 -0 04 0750 0002 3808 4530 2. Article Number 7Q04 0750 OOD2 3808 4547 3S Form 3811, February 2004 Domestic Return Recelpt 102595-02-M-1640 ~nalarlromseN(CalabeQ PS Form 3811, February 2004 Domestic Return Receipt 10259542-10-15, FIENIDER: COMPLETE . . COMPLETE . . DELIVERY THIS SECT ¦ Complete Items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery Is desired. ? Agent SENDER: COMPLETE THIS SECTION . DELIVERY 1 ¦ Print your name and address on the reverse 0 Addressee ¦ Complete =2 , and 3. Also complete A. Signature so that we can return the card to you. B. Received b (Printed Namp) C. Date of Delivery Item 4 If RDelivery is desired. r ¦ Attach this card to the back of the mailpiece, piv,412 " 141 ^ .,d ¦ Print your name and address on the reverse X C sse or on the front if space permits. A, 0 (lam so that we can return the card to you. D. Is delivery address different from Item 17 13 Yes ¦ Attach this card to the back of the mallpiece, B. Received by rated Names _ C. Datee If Deliv 1 . er Article Add13 L- ressed to: G It YErentVM"ress below: ? No Of on the front If Space permiiS. r~ v 71 1. Article Addressed to: ( tv1 D. Is delivery address ifferent from kem 17 ?Ves `A nkt eWiGZ ~ 106At-c~ I It'`e t~ If YES, enter delivery address below: ?NO tt" n ~•I ~j 1 l~Jl- aoX ~11 3. Be O 51 ht\IDSCj 0', 1 l7l~erS ~S ~G t J, 1 'r y Cart rasa Mail ) p ? Registan Retum Receipt for Merchandise ~'a5 LAX 13 (h4f~Ol~ Of n V 3, rypa Insured Mall 0 C.O.D. 8 ` Certlged Mail 0 Express mail 4. Restricted Delivery? (Extra Fee) 0 yea YO + IN 1610t 7 0 Registered 0 Return ReoWpt for Merohandis( 13 Imured ' Oc.o.D. 2. Article Number 7004 0750 0002 3808,4554 I (Transfer from sem/ce label) 4 Restricted Wary? XKba Fee) 0 yw 'S Form 3811, February 2004 Domestic Return Receipt 1o259sm-M-ib/0 2. Article Number 7004 0750 0002 3808 4561 1T>aaeps[dtwn aerv/ce labs ,rm 3811, February 2004 Domestic Return Receipt 102595-02-MA54 . 0 PROOF OF MAILING OF NOTIP ATTACH CERTIFIED MAIL RECEIPTS Postal a t ° CERTIFIED MAILT,, RECEIPT m ~ ui a Ln • .n (Domestic ° r I 1NQ. CO k1~7v~176a CC00 C IF to co i ) ti Postage • (m Postage S 1 m Postage M Postage $ tl L/ txrenee Fee C3 Cerenea Fee d NO Cartlfiee Fee O Cemltaa F•• f Rea.n Redept Fes ° (FnEaearrereRegl•r«q I+ ° cesaw ~~t •a+ ) t - C3 C3 ° cenao Raftsm Fes ROWW ° (&W. reraseR.,ar:el VIM ° ReWktee De reryFea ° ° Raetr ted b F r.+l Regel,er~ + RessroWD911myFee ° ReWNned DelNery Fee I'/erY ee M1 N (Eneor -*M RegelreM f M1 (EneoreBlrrN RagWraA) M1 (Et Maearrrent Raqu4ed) $0.00 ° TOW Postage 6 Fees $ ° Total Po•+•u• a Fee. ° Total POMP sFees ° Total Postage aFees; $ f $ 12/0 C3 = ' sawd To ° ° ICNR o 1 0 o C3 ° ~r~ixB6-.•°-S . N °u4i^C j f ° r r,N~yr-s= N ° :brFi~ ...ate ~.4 21tme1? { 34 - wPo8forNa_--WPoMK 1G...7 L~~ MPoBerfN0. or POBar/PO. S er la t &j o o r I:f 0" "00 J.rv~ B S nd N Q/ . PS For,, :3800. J.rv 2002 See Reverse for nstru'.~" DOCKO, INC. MYSTIC, CT being my sworn, deposes and says that on the day of 40KVL-tpb y , 20000, 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 there 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. MYSTIC, CT , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this /S 7"- Day of DuOCem 6Qr~ , 20 06 (27,-V~ //N°°otary Publics ~l C O/nm/ SS/of, C KP/ re's DEC - 4 2006 6 0 a James F. King, President ~~Of SOplyo Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen Telephone (631) 765-1892 COUrm,N Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application n - 4 2006 of JtkDo !?4 1 ~ COUNTY OF SUFFOLK) STATE OF NEW YORK) / 1I \ 1 + AFFIDAVIT OF POSTING I, 1~PI I11 VC'6ISor)residing at 14 Ejp (yneC ~ I I'LL M 0,T- being dul swom, deposeand say: That on thou day of ' JO 200 I personally posted the property known as by placing the Board of Trustees official poster ere it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held W" Aoec, 13 c2Q2(g_ or 000tH 6;3o Dated: (signature) Sworn to be~,fyyre me this 3 CJ7~~ day of /V411200( Notary Public /7~y ~v/n~1lSSi eKIP /reg , MODIFICATION OF EASEMENT A=501 Agreement made this] day 1, by and between Fironsword LLC ("LLC"'), the owner of certain real property on Fishers Island, Town of Southold, Suffolk County, New York, more fully described on Schedule A hereto (Suffolk County Tax Map No. 1000-010.00-11.00-005.005) (the "Fironsword Property'), and Susanna and Boker Doyle ("Doyles"), the owners of certain real property on Fishers Island, Town of Southold, Suffolk County, New York, more fully described on Schedule B hereto (Suffolk County Tax Map No, 1000-010.00-11.00-005.008) (the "Doyle Property"). WHEREAS, the original owner of both the Fironsword Property and the Doyle Property, granted a certain easement to the Fironsword Property over the Doyle Property for the purpose of pedestrian and vehicular access via a designated area 10 feet in width for pedestrian access, and 30 feet in width for vehicular access, to the waters of the Inner Bay of Great Harbor (the "Easement"), and which Easement also included a right to construct and maintain a dock or mooring along 38.15 feet of waterfront along the edge of the Doyle Property (together, the "Original Easement Area'), which Easement was recited in a certain deed dated June 11, 1978 from Erard Matthiessen to David Hanes, and recorded in the Office of the Suffolk County Clerk at Liber 8455, Page 126; and WHEREAS, the Doyles have constructed a dock whose landward terminus bisects the Original Easement Area, and Fironsword and the Doyles have been engaged in litigation concerning the Easement which litigation is being settled pursuant to a separate written Agreement of even date, and, pursuant to said Agreement, have agreed to modify the Easement in this instrument, with the Easement so modified to run with the land, WHEREAS, the parties hereto are all the owners of all the property benefited and burdened by such Easement, It is hereby agreed that in return for $72,500 in hand paid to Fironsword and other good and valuable mutual consideration, the parties hereto modify the existing Easement as follows: 1. The Original Easement Area shall be augmented by an additional easement for pedestrian and other use, as indicated in Paragraph 2 below, consisting of a 6-foot wide radius around the terminus of the fixed portion of a dock that has been constructed by the Doyles, as shown on Schedule C hereto (the "New Easement Area'). In the event that the Doyles are required by any governmental agency to relocate the landward terminus of the dock, in accordance with the provisions of the Agreement, then the new Easement Area shall instead be that area consisting of a 6-foot-wide radius around the landward terminus of the dock as relocated, so as to connect the bisected portions of the Original Easement Area. In the event that the relocation of the landward terminus of the dock results in the dock no longer bisecting the Original Easement Area, then the Doyle Property shall no longer be burdened by the 6-foot-wide New Easement Area. 2. The Easement granted to the Fironsword Property over the Doyle Property shall no longer include the right to construct or maintain a dock, nor the right of vehicular access over the Original Easement Area or the New Easement Area for any purpose, but the Fironsword Property shall retain the right to use such Original Easement Area and the New Easement Area for the following purposes. 2 (a) Pedestrian ingress and egress to afford access to the water, the Inner Bay of Great Harbor, including the use of non-motorized wheeled carts or wagons to transport small boats or supplies, so long as same do not remain overnight; (b) to construct and maintain and access a mooring in the Inner Bay of Great Harbor, so long as the construction and maintenance of such mooring does not interfere with using or the legal right to maintain the dock already constructed for the benefit of the Doyle Property, as shown on Schedule C hereto; c) to launch, beach and store one dinghy, canoe or kayak which may remain in such location without time limitations. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year written. FIRONSWORD, LLC. By: ~x t ANN FLINN, ITS PRINCIPAL SUSANNA DOYLE BOKER DOYLE 3 (a) pedestrian ingress and egress to afford access to the water, the Inner Bay of Great Harbor, including the use of aon-motorize(! wheeled carts or wagons to transport small boats or supplies, so long as same do not remain overnight; (b) to construct and maintain and access a mooring in the Inner Bay of Great Harbor, so long as the construction and maintenance of such mooring does not interfere with using or the legal right to maintain the dock already constructed for the benefit of the Doyle Property, as shown on Schedule C hereto; c) to launch, beach and store one dinghy, canoe or kayak which may remain in such location without time limitations. IN WITNESS WHEREOF. the parties hereto have set their hands and seals on the day and year written. FIRONSWORD, LLC. By: ANN FLINN. ITS PRINCIPAL Si. 1. ~1~w.lo SUSANNA DOYLE i BOKER DOYLE 3 STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) On the day of August, 2011, before me, the undersigned, personally appeared Fironswnrd, LLC, by its Principal, Ann Flinn, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instnunipnt. KARLA S. HEATH t' F', - { ' Ile / NOTARY PUBLIC, STATE OF NEW YORK per Notary Rublic NO. 01 HEWM63 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK } On the _ day of August, 2011, before me, the undersigned, personally appealed Susanna Doyle, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the _ day of August, 2011, before me, the undersigned, personally appeared Boker Doyle, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 4 STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) ~+1 On the L day of ~4ugusE, 2011, before me, the undersigned, personally appeared Susanna Doyle, personalty known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrurent and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 9 A.c4 r... Notary Public 13 STATE OF NEW YORK ) sr. COUNTY OF SUFFOLK y) _ day of -Augus<r2011, before me, the undersigned, PetsonallY appeared Bake Oa the r Doyle, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within ir?sMmt and acknowledged to me that he executed the sarm in his capacity and that by he signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public t ` STATE OF NEW YORK ) t 3 ss: COUNTY OF SUFFOLK ) On the day of August. 2011, before M. the undersigned, personally appeared F7mnsword, LLCby ft Princllm& Ann Flinn, personally known to arc or proved to the on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instr uncut. Notary Public 10 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUOENT STREET SOUTHAMPTON, NEW YORK 11988 PHILIP H. MATTHEWS (ian-mq2) 831-283-2400 STEPHEN L. RAN. 111 FACSIMILE 831-287-1078 BARBARA T. BAR e-mail: Matthamesq@aol.com July 20,20.)9 Mr. James King r Board of Trustees JUL 2 2009 Town of Southold P.O. Box 1179 ! i Southold, NY 11971 Re: Construction of Dock at Doyle Property on Fishers Island (SCTM No. 1000-10-11-5.8) Dear Mr. King: Further to my letter to you of July 15, 2009 concerning the referenced matter, I have enclosed a copy of a letter I received over the weekend from NYSDEC. You were apparently not on the distribution list for this letter from Dawn McReynolds to the Doyles' attorney Ed Townsend. As you can see, it sets forth certain considerations and conditions that must be addressed in order for the Doyles to receive a NYSDEC permit for their dock. I call your particular attention to items (4) and (5). Sincerely, 41(:rj~ Stephen L. Ham, III Enclosure cc: Gair Betts, Esq. (w/enclosure) Mrs. Ann Flinn (w/enclosure) Lori Hulse, Esq. (w/enclosure) New York State DepaSent of Environmental Cons.ation ,Division of Fish, Wildlife & Marine Resources Marine Habitat Protection 50 Circle Road, Stony Brook, New York 11790 oboe Phone: (631) 444-0295 • Fax: (631) 444-0297 Website: www.dec.nv.gov Alexander B. Grannis Commissioner July 16, 2009 Mr. R. Edward Townsend 489 Fifth Ave. h New York, NY 10017-6105 Re: Doyle Property, Fishers Island J U L 2 2009 1 NOV 07CTH26 and altemative dock facility layout Scctlr,Id ic;vn rPS Dear Mr. Townsend: This letter is in response to the above reference NOV and alternative dock facility layout. Staff have reviewed this proposal and have the following comments that need to be addressed. (1) The proposed configuration does not appear to meet adequate water depths . Please provide surveyed depth contours referenced to MLLW. These measurements should be taken utilizing a depth stick that will not penetrate the bottom substrate. Any alternative proposal should have any floats and or boats in a depth of -2.5 as referenced to MLLW. (2) The proposal should take into consideration navigation issues of neighbors and encompass no more than 25 % of the width of the waterway. (3) The decking material over the marsh vegetation shall be open grate with a minimum of 60% open space and a minimum of 2' above marsh grade. (4) The proposal must take into consideration the easement of Mrs. Flinn and have the appropriate permission of the easement holder. (5) A permit or approval from the Trustees should also accompany the proposal . Please submit this information within 60 days of the date of this letter for further consideration of an alternative configuration. The enforcement matter is still pending and if mutually agreeable terms cannot be worked out, full removal of the dock structure may be required. Sincerely, Dawn McReynoldW Section Head, Tidal Wetland Program cc: Ms. Suzanna Doyle Mr. Christian McCugan Stephen L. Ham, 11, Esq r MATTHEWS & HAM ATTORNEYS AND OOUNSELOES AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORE 11968 PHILIP B. MATTHEWS - (mw-moe) 631-283-2400 STEPHEN L. HAM, 111 FACSIMILE 631-287-1070 BAHHdBA T. HAM e-mail: Matthamesq®aol.com July 15, 2009 fir L)J r- Mr. James King ~JUL 1 6 2UJ9 Board of Trustees Town of Southold L _ - P.O. Box 1179 r;;=a Southold, NY 11971 _ Re: Construction of Dock at Doyle Property on Fishers Island (SCTM No. 1000-10-11-5.8) Dear Mr. King: You may recall that I represent Ann Flinn who, through a limited liability company, owns a parcel of real property on Fishers Island adjoining a parcel owned by L.F. Boker Doyle and Susanna Doyle. In 2006, following a hearing for which my client received no notice, your Board issued a permit for the construction of a dock at the Doyle property. The dock, which was built later that year without benefit of a permit from NYSDEC, violates deeded rights to my client's property. I presented evidence of those rights at a rehearing you held on December 13, 2006 after you learned that my client had not received the required notice of the prior hearing. You noted at that hearing that the dock was also in violation of Town law due to the use of treated lumber. Your Board reserved decision at the close of the hearing . So far as I know despite follow up phone calls and correspondence and a meeting with Lori Hulse, no decision has yet been rendered addressing my client's rights or the Doyles' violations. In order to keep this letter as brief as possible, I have enclosed a separate summary of events that have transpired concerning the illegal dock. In that summary, I have highlighted in bold type the gist of a conversation you and I had on February 8, 2008. My client, represented by Gair Betts, is currently in litigation with the Doyles over their interference with her deeded rights. Mr. Betts recently advised us of a conversation he had with you and Ms. Hulse in which you indicated that the Town Trustees Mr. James King Page 2 July 15, 2009 are now taking the stance that the Doyle dock was properly permitted and that the four- month period for legal action to be taken questioning that position commenced to run in mid-February 2006, notwithstanding that my client had no notice of the hearing upon which the permit was based and notwithstanding that no decision was ever rendered on the December 2006 hearing at which you yourself noted the dock was not only in violation of State law but also Town law! Although you advised Mr. Betts that the Trustees would in fact abide by a court determination in the Flinn/Doyle litigation, I strongly question your conclusion that my client would be barred from challenging the Trustees action at this point unless a decision has in fact been rendered based on the December 2006 hearing. Indeed, as recently as February 2008 as reflected in the highlighted language of my summary, you acknowledged that the permit granted by your Board would have to be modified to allow only a smaller dock as well as to take into account my client's rights. I respectfully request that you or Ms. Hulse write or call to explain the inconsistencies between your recent conversation with Mr. Betts as compared to the balance of the history of this matter. Sincerely, 4.1.-1 Stephen L. Ham, III Enclosure cc: Gair Betts, Esq. (w/enclosure) Mrs. Ann Flinn (w/enclosure) Lori Hulse, Esq. (w/enclosure) Mr. Peter Scully (w/enclosure) July 15, 2009 SUMMARY OF EVENTS RELATING TO ILLEGAL DOCK ON DOYLE PROPERTY My client, Ann Flinn, is a member of Fironsword, LLC, a New York limited liability company that holds title to an improved residential parcel of real estate on Fishers Island (SCTM No. 1000-10-11-5.5). Not itself a waterfront parcel, her property adjoins a parcel that does front on West Harbor that is now owned by L.F. Boker Doyle and Susanna Doyle (SCTM No. 1000-10-11-5.8). A prior owner of the Doyle parcel granted the right to my client's predecessor to construct a dock over a portion of his waterfront. The right runs with the land and everything was duly recorded in both chains of title. (I actually represented the seller of the waterfront parcel to the current owners (the Doyles) in or about 2001 and referenced the dock-building right in a Subject To clause in the deed.) In the late summer of 2006, Mrs. Flinn arrived on Fishers and noted that the Doyles had built a dock right in the middle of the portion of the waterfront to which she (through Fironsword, LLC) had rights. As we later learned in the ensuing months, the owner had obtained a permit from the Southold Town Trustees without giving the required notice of hearing to my client. Furthermore, although an application had been prepared for the DEC, no action had been taken on it and the dock was utterly without approval from that agency. In late October 2006, 1 wrote to the adjoining owners in a detailed letter outlining their transgressions. I heard from their NYC attorney, Ed Townsend, within a week or two in a letter in which he said he would discuss the situation with his clients and get back to me. He did not get back to me until December 13, 2006, the date the Trustees hearing was reopened in order to give my client an opportunity to be heard. In a telephone call that morning, followed up with a faxed letter, he offered a settlement involving, among other things, a dock-sharing arrangement between our clients if my client did not oppose the applications to the Trustees and NYSDEC. I appeared before the Trustees that evening on the same day the site was visited by Jim King and Chuck Hamilton. I was aware of their visit in advance and had the surveyor Dick Strouse present to confirm that, indeed, the dock was built in the middle of the area where my client had rights. At the hearing, I presented evidence of my clients' rights, indicated that we were in discussion with the other owners and requested that no permit be issued (or the existing permit not be confirmed) without my client's participation and/or consent. It turned out that, not only had the dock been built without any NYSDEC permit, it also violated local laws since portions of the dock were built with treated lumber. Decision was reserved. In 2007, compliance conferences with NYSDEC for the marine contractor as well as the owner kept being postponed until August 2 when one was held. However, no Orders on Consent were proposed as Hamilton allowed Townsend to present alternatives for a smaller dock or angling it in to deeper water. (The previous December he had strongly objected to the size of the dock given the depth of the water.) Those alternatives were given in late August and it was expected Hamilton would re-visit the site in October. He finally went back in late January of 2008 with Jim King and Glenn Just of J.M.O. Environmental Consultants. Glenn advised me that Hamilton would allow some portion of the fixed portion of the dock to remain to accommodate only a kayak or rowboat but nothing large. On February 8, 2008 1 spoke over the telephone with Jim King who advised me that Hamilton had indeed suggested a portion of the dock could remain and that the Trustees would follow suit. He also agreed with my suggestion that any revised Trustees permit should contain a provision that Mrs. Flinn's LLC's consent be a condition of approval in order to force a sharing arrangement given that only one dock is permitted on any given parcel of land. To date, however, as far as I know, no Order on Consent has been offered by NYSDEC nor have the Trustees made a determination based on the December 13, 2006 rehearing. In 2007 1 drafted a settlement agreement and a dock-sharing agreement with the Doyles since their lawyer Townsend had given the impression that his clients wanted to settle the matter amicably. Despite repeated follow-up calls and e-mails, Townsend was unresponsive. I therefore recommended to my client that she commence a lawsuit to enforce her rights. Fironsword, LLC is now in litigation with the Doyles with one cause of action being for violation of deeded property rights. Since the Town (and I believe the State), as a matter of policy, allows only one dock per property and if the dock that is now built is allowed to stand, then that would render Fironsword's rights meaningless. But when those rights were granted, the parties must have intended that they mean something. Therefore, they must have been intended to confer to the owner of my client's property the exclusive right to build a dock in the designated location. Stephen L. Ham, III • vn w( Sfieve 1 b; n, • MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW C'l 38 NUOENT STREET SOUTHAMPTON, NEW YORE 11988 PHILIP B. MATTHEwS D~" - (ms -IDW 831-283-2400 STEPHEN L. NAM, III FACSIMILE 831-287-1078 BAHEAEA T. NAY e-mail: Matlhamesq@aol.com December 5, 2006 Mr. James King Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Construction of Dock at Doyle Property on Fishers Island (SCTM No. 1000-10-11-5.8) Dear Mr. King: As you can see from the enclosed copies of a letter and map excerpt I sent to the Boker and Susanna Doyle at the end of October, I represent an adjoining property owner who has the vested right to construct a dock projecting from the Doyle property, a right that is severely impaired by the current location of the Doyle dock which, I understand, was approved by your Board without notice to my client. As Ann Flinn has advised you and as I assert in my letter, the Doyles were well aware of my client's rights at the time they undertook construction. We believe one of the reasons they did not notify her of the application before your Board was their knowledge that the application would likely be denied if your Board were made aware that the proposed dock would interfere with the rights of others. I understand that the Doyle application will be re-opened by the Trustees. Mrs. Flinn recently received a notice from Docko concerning the application but no hearing date was specified. Please have your office keep me informed of any new hearing date or any other developments with respect to the Doyle application. Sinceerely,,, LL 4f,- l-0, Stephen L. Ham, III Enclosures MATTHEWS & HAM P Y ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEW5 631-283-2400 )1812.1082) SSRPBaN L. Hwx, III FACSIMILE 631-289-1016 e-mail: Mattbamesg0aol.<om BARBARA T. RAN October 30, 2006 DEC - 6 ZOOS BY FEDERAL EXPRESS Mr. and Mrs. L.F. Boker Doyle 131 East 81't Street - Apt. A New York, NY 10028 Re: Construction of Dock at Fishers Island Property Dear Mr. and Mrs. Doyle: I represent Ann Flinn in her capacity as managing member of Fironsword LLC, the owner of premises at Fishers Island, New York adjoining your Peninsula Road property on the south. You may recall that I also represented your predecessor in title, Cove Corporation, when you purchased your property in February 2001. When my client made her first visit to the Island forthe 2006 summer season in mid-July, she was astonished to observe that, sometime during the previous off-season, you had nearly completed the construction of a substantial dock from your property into the Inner Bay of West Harbor. Her surprise was based not only on the fact that she had received no notice of any application for required permits from you or any of the relevant governmental agencies but also that your construction was so clearly in violation of deeded rights appurtenant to her property, rights of which, as described below, you most certainly had actual knowledge. Upon further inquiry by Mrs. Flinn, she learned that, although you had obtained a permit from the Town of Southold Trustees, you and your contractor, in flagrant violation of applicable laws, had built the dock not only without delivering the required notice to her but also without securing anv approvals whatsoever from at least one other governmental agency with jurisdiction, namely, the New York State Department of Environmental Conservation ("NYSDEC'). We are currently checking to determine whether required approvals from the Army Corps of Engineers and the New York Department of State were in effect prior to the commencement of construction. i Mr. and Mrs. L.F. Boker Doyle Page 2 October 30, 2006 Mrs. Flinn subsequently wrote to the State and Town authorities after speaking with representatives from both, including Chuck Hamilton of NYSDEC. Mr. Hamilton advised her that illegal docks are "torn out all the time". Indeed, since a special condition on all NYSDEC tidal wetland permits states that pilings "shall not... interfere with other landowner's riparian rights", NYSDEC would not have approved of your application without my client's consent even if you had actually pursued an application to that agency. Jim King of the Town Trustees told Mrs. Flinn he was referring the matter to the Southold Town Attorney. Yourfailure to give notice and to obtain all the required construction permits are serious enough transgressions of public policies reflected in local, state and federal environmental laws. This case is even worse in that you have knowingly caused your dock to be placed in a location that interferes with my client's vested rights. The issue concerning my client's rights was raised with me by Peter Matthiessen prior to the sale to you, it was addressed in the contract of sale between you and his corporation, and I would be surprised if it was not also explained to you by Bagley Reid and your attorney. Mrs. Flinn has advised me that she also discussed her rights with you. Even if none of the foregoing occurred, however, the evidence is clear that you were aware of those rights and acted in direct contravention of them. As proof of my last assertion, I have enclosed an excerpt from a survey prepared by Chandler, Palmer & King at the time you purchased your property from Cove Corporation. The survey (which is dated January 13, 2001) shows an arrow pointing to the shoreline where you had your dock built, with the legend "10' Easement for Ingrees" (sic) and Egress by Foot Only & Rights for a Private Dock or Mooring (emphasis supplied)". The legend goes on to refer to the specific Liber and page where the instrument creating those rights was recorded, an instrument that I specifically identified in your contract of sale with Cove Corporation and a copy of which I provided to your attorney when I first sent him the proposed contract. My client is most distressed by your acts and omissions over the past year, not only because they have been in clear violation of existing environmental laws and regulations and in clear conflict with her rights that were known to you, but especially because her own behavior toward you has always been welcoming and neighborly. In recognition of the fact that she and her family intend to remain in their home, it would appear to be in your mutual interest to arrive at an amicable resolution of the serious problems raised by the construction and existence of the dock. I I i i _ • Mr. and Mrs. L.F. Boker Doyle Page 3 October 30, 2006 1 therefore ask that, once you have considered the matters raised in this letter, you contact me by phone or mail. Please be advised that, if I do not hear from you by November 15 or if these issues cannot be cooperatively resolved to my client's satisfaction, it will be in her best interest to see that public authorities proceed with their prerogative to remove the structures that have been erected illegally. Very truly yours, 61 Stephen L. Ham, III Enclosure cc: Mrs. Ann Flinn (w/enclosure) Also sent by Express Mail to: P.O. Box 14 Fishers Island, NY 06390 I ~ ER BP R~R 10;' EASEMENT FOR GR INCREES & EGRESS / BY FOOT ONLY & RIGHTS FOR A PRIVATE / DOCK OR MOORING (LIBER 8455/PAGE 126) N 7229'25' E M.S. 38.15' / A00• VI (FND.) S 12 Zg I.P. (FND.) F.I.E.C. #451 E CAR 4v iIESSENn ry / ECG OF / / ~t11311 F.I ONERN~O #450 F.I.E.C. / #334W ~o y BR, gRNE CARPORT I' /O 10' EASEMENT FOR POLE \ EXIS (FWD.) INGREE & EGRESS tp FOOT ONLY o} (LIBER 8459/PAGE 126) DECK / HOUSE U i I I 4 ASEPTIC SYSTEM f ~ / C t ~ 1` y - -~•r` ~ ~~"ice. ±•`e ..~'F k.; • ' -x.~s-•. - uJ" yF ~ 'Wi't MEW • --''Y~'^lP1,>tt jai.-:.; t ~ qg ~ 1, 1 r 13 I'~, •F~ F.j ! i ly~.~~ r. ~ Sa .i~rf ~r SL 1h.` _ ~ ~ret t I, L {I'~i~ ~y 1 f ~ Iµl1~Mt. ~.I l.,~f~'~• 1 ~1 }1'J'p1 1;~~ 'h. F 1~^ r.• 1 ~,~Ijy ~ ?.~l~s -f tMJ ~Y P • v'1 ' ~zw 1,55 m IY. ';~!}tlh( ''.I ! (ri 1 F7 !jl i'~ 1 { 'r:.~~~~ '~I y ? 10 Lip b .r 411- Vie. ~T'/',ts-' -'?'<<k.: - ~ 4 ? ~ ~ ~ /t I l , F 44 l Ivo i 1 _ - 10. i y l ~f 1 ~c4 , r~l `j , ,a r Ilp 3 7 - ' _ I b •a.1,_~ ~ ' = fZ ( ` Y „ ! ,4 ~ r r ~~w.«ia*:` y;: r-~i r~S tS A~'N •~'~1f~ ~!!`4 j7 ~ 'w~1 ' ty4 r R'' u aw f ' G ~Y w~J A •Viy 4 .Iy ,1~ r ~w;r iJ'7~,y i "l- •=,y ~ j see! , ! - •l 1 r ~~t j~'ty 1~+(:#. ' , ~7~' f$#"s ~+~~'~1r rR"r ~Wl s~. -7 ? •r: - 'I' ~IY- 1 r Fi V°~.a `f~ rMd _G~• a<<X ~~~~?-,>11 4 •4 At M ` J,•~Mr aaj4tl:'. r e"itj r -,i'1• a > 1 jr'' r .i ~h rt l{ t+ i,l 1t," ZN'l ire- _ - ` 1•' . ' ~ ' ~i}!{ f ~ ~ • ~ ° "n A, - -'y ~Yl'- - t t -yv- ~ . ';•aa~4r k' ,~y~y~~~ t ~i S 1 yA:1 .7 n, K ~ ter. • _ ~ i, r.-y4 ~~9`. ~ ~,r„y ~2 r°•~ ~'a~,,~. All" IVA, iki as lY t F © ° , ii 14 ,4 1y 1} .~M1. r. ~~L II - tK . A a, O ^j4 h . t rig ~ +t~n `~,:~`i{ : 4• .t.~ - ~y i ~ ~ O • ?l Jtt~TMjr• ~ ~ t7rd • "ffii , = ~ ; • ~ r Q a L`^t ~ ~y • ~ ~ . ~ems" • Ask rA. • i James F. King, President $noryo M1 Town Hall Jill M. Doherty, Vice-President ~O 53095 Route 25 Peggy A. Dickerson i, P.O. Box 1179 Dave Bergen N Southold, New York 11971-0959 C Bob Ghosio, Jr. p 0 Telephone (631) 765-1892 ~yAM Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees / Field Inspection/Worksession Report Date/Time:- C Name of Applicant: ]>b/vc 6E Name of Agent: '?xiCK'b Property Location: SCTM# & Street A9 s Brief Description of proposed action: Type of area to be impacted: -?Saltwater Wetland -Freshwater Wetland -Sound Front _Bay Front luu/2 HACAI Distance of proposed work to edge of above: Parj of Town Code proposed work falls under: dChapt.97 _Chapt. 37 other Type of Application: "Wetland _Coastal Erosion Amendment Administrative Infa{seeded idP" -Emergency - - yi 411t, r W DELI ~ei^r. , C c7A~ 49 i l N /J r) Modifications: Conditions: Present Were: King _J.Doherty-P.Dickerson -D. Bergen Bob Ghosio, Jr. Other: Mailed/Faxed to: Date: Comments of Environmental Technician: c,go,n t conowl tier Lary" Seems NeNa1e TMs "Mwklw-TIM IM/mIMaII WON" Is Was WV LAMNaa~;Ma'i[~. Lad 8M VW ~ ~i ~A~e sir Uc ~ Jy d ?u-+t~. , mem.n h"ndrod "od seventy-ei1~~ . ~ERARD A.. MATTBIESSBN, residing at (no street address) captive, Florida 33904. C l v wv v p.. prty d Aw era rn, OW ~l bAV'ID G. NAMES, residing at 5071. Sedgwiek N.W. Wash'ngton, D. C. 20016 I~ RKII ( ?17F C c~ 1.n45 ~ JUL 51918 I ' Party of rle m wd Put, 1h 1,' „at VMrjj4MMLjrK tIW the per, of the tint fir;, in ronsidttatim, of `p Jf 7" r: - TEN DOLLARS and 00/100 - ($10. 00)ltX oy K bwfiil aatxtr W the United Siat,>. P! rq h} as part. c( he ~a+<vwl iw Yr. `.n J f. an sail rl a Laub, 0" f,aeh' of the "".W Ian, the halals T, KT ire~.nrc su.t ,nu~r- ,I i~ ~ t . u Inr n.rr_ ' a1: AV. tort ccrta i. pM:, pirc. y.a i.-I .1 'a nn, uuh ~h- a IJingr. a,:I nn.. n,n~+ Itxere~m ew% d, aitm4ll, ' `e - )"ft mW bmw WN&K at Fishers Island, Town of Southold, County of Suffolk, State of New York, being bounded and described as fo11OMi12 E: Beginning at an iron pipe on the Northerly line of the road, said iron pipe being at the Southeast corner of the herein described i z, tract, said iron pipe also being 394.71 feet North of a point whi4Ni;. is 1211.78 feet East of a monument marking the U. S. Coast and Geodetic Survey Triangulation Station "PROS" and thence running. 0 North 2" 11' 43" West 313.40 feet to an iron pipe at remaining ' land of Erard A. Matthiessen; thence South 82" 06' 00" West 130, feet to a point; thence North 25a 08' 47" West 187.65 feat to t1l iron pipe, these last two lines abutting Northwesterly and Northeasterly on said remaining land of Erard A. Matthiesseai ' South 100 27' 00' West 354.91 feet to a point on the lisle of an old roads thence South 31' 27' 00" Seat 80.75 &Wmt a point on the Northeasterly line of the aforasanCioned Mau South 74" 57' 00" East 157.36 feet to a point; thence $651E11'A -01. 00" East 90.94 feet to the iron pipe at the point Of the last two lines running along the Northeasterly line of a4id road Containing 1.89 acres, more or less. Being a portion of _lock 44 Lot 26 conveyed by Fishers Island Development Corp. to Erard A. Matthiessen. Reserving, however, to the party of the first part, his heiraa devisees, successors and assigns, an appurtenant eastNaatlt w14t41 along the western boundary of the above described' fbr tngr<isa and egress by vehicle or otherwise to :W&*" by the party of the first part: ate 1"Otbiar with Va appattORMi~ e41e4110e11tt 10'" ia' a `3 e10"A by tiiot'6k1y to the TwWr but 6t ft%", n f, 2 t ~r 8455 I'MA 127 wrstern and northern boundary ling of certain property conveyed to the party of the first part by Fishers L;land Development ~c.ri,orstio•r by Indenturv datad June 7, 1977 and described therein as Tract I", such boundary lines being 2M.50 and 58.15 feet long, respectively; together also with such limited access and riparian rights appurtenant as nay be necessary to grant the party of the second part, his heirs, devisees, successors and assigns, vehicular access to construct or reconstruct, and, thereafter, foot access only to use and maintain, a private dock or mooring, along said 38.15 foot frontage along the Inner Bay of Great Marhor. . r L :r a7z. k4, i f e z z Mx ^c ; ft> , r A}Pe'R'd, II 1 5 'r ~ 1,::855 hAf, i28 i TOG61'F1FJI with all right, title and intrust. if auv. of Iltr p.(V n( the tires part in :uol to any greets and • rwnls abutting I'a' alsorr dt veal+d pet suss' lu ill, rat nt Ism, th, nri. TOGETWA with the alry,unrnatmrs and all nc-- t,t I aunt righ'.s ,f •h, party ~,f the to,t part in and to c said premises, TO HAVE AND TO HOLD the premises hrrefo granted unto the pony of the second part, the hein or umrssors and "signs of tike luny of the an'oml part forever. 'Ixs ny. r '.N ~x iC AND the party of the first part rnyemnts that the party of the first fart has not done or suffered anything whereby the said premises have been inurmbered in am way whau•ver• except as aforesaid s` AND the party of the first part. in ttxnpliance with Section 13 of the Lien taw, awenants that the party,oF e, the first part will receive the consideration for this conveyance and will hold the right to receive such eonsid- erat to,, as a trust fund to be applied first for the pnrpose of paying the cyst of the impmve nrnl. and will apply s the carne first to the payment of the cost of the ituprovement before using any fart of the final of the same for any other purpose. The word "partv" shall he construed as if it read •'parlies" whenever the sense, of this indenture so requim. IN WITNFSS WHEREOF, the party of the first pan has duly executed this deed the day and year first above: ' written. IS PaasENCE OF: i7 Erar A. Hattlib6ase`h ' ~n aT. r, STAU OR NtW WOW etetNyT OT . OO tke day It Twee. 19 78, before me (M the day oh 19 , 6e(nrt Nersoreelty came personally cane • ERARD A. NATTHIESSEN s- ` to we Intown to be the individual described in and who to me known to be the individus desbtd in a ha . c exauted the foregoing instrument, and acknowledged that txecvled the foregoing instrunent, addmacknowkdganddtMt c onlic ted the aamt executed the amt. , - 44- ROKRT J. MILLER IfetaA'tbna,. Slate of Naw Y" t ha J l d Y ~ ' qn n n aevv r" It e County .v Y # , WATg Oltl '.~"'rUO11B OR r $?A" OP UM TW GDWM OP On the day -.f 19 before me on the day of '19 e e Personally came r to mek 0,°who, being by me duly sworn, did depose and to me known, who, beill Ly me duly sworu eiid depo w T ay that he resides at No. my that he resides at o. s that he is the that he is the of of . the corporation described . the mint ' rr - in and which exenoed the foregoing instrument; that he in and which executed the foregoing irtYrniioenl; . ? knows the antra of said corporation that the peal afhted kom" the anti of said cogoratnoaq 16itzedt; to said instrument is such corporate and; that it was ao to mid imtrtmen, 411111112 the board k is such dco~ ytE IiQI rat flail of di of tiaN, ae~ ~.4'; N W'II H t.OVEN.e w"r!' -NI' "Ad.envssiaSUl;aaNaUa'~~a AC TS SECTION v ISLOCIE LOTS BRA11D'-A. NATTHIESSEN COUNTY OR TOWN „e-. . T„ TO DAVID G. HAKES necomeE nl nooveslm*ne role GUe Iw to aeruw ar YAIL m COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I t, JUDITH A. PASCALE, Clerk of the County of Suffolk and JI the Court of Record thereof, doh annexed w "y certify that I have compared the with tl e original n my RECORDED office S /c and, copy thereo , and of the whole of~such oriD.na]that the same is a true In Testimony Whereof, I have her ur to sad my hand and affixed the seal of said County and Court this . ~Z CLERK.... scd+,Z,F~..Q... Eft' >r 77 11111III IIII iIIII IIiII IIIII IIIII IIIII IlIII IIIII IIII IIII L ~ ~ IIIIiIIIIINIIIIillllllll - SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/02/2001 Number of Pages: 5 At: 11:33:25 AM TRANSFER TAX NUMBER: 00-28743 LIBER: D00012105 PAGE: 472 District: Section: Block: Lot: 1000 010.00 11.00 005.008 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $535,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5.00 NO COE $5.00 NO EA-CTY $5.00 NO EA-STATE $25.00 NO TP-584 $5.00 NO Cert.CopieB $0.00 NO RPT $15.00 NO SCTM $0.00 NO Transfer tax $2,140.00 NO Comm.Pres $7,700.00 NO Fees Paid $9,915.00 TRANSFER TAX NUMBER: 00-28743 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 2 3 Number of pages l' " TORRENS _ ^ - Serial It Certificate # Prior Ctf. N Deed / Mortgage Instrument Decd / Mortgage Tax Stamp Recording/ Filing Stamps d FEES Page / Filing Fee -4 Mortgage Ans. Handling F I. Basic I'm TP-584 95 _ 3. Additional Tax _ Notation Sub Total i EA-53 17 (County) 1 Sub Total Ly Spce./Anit. EA-5217(State) a5 Spec. . /Add. R.P.T.S.A. TOT. MTO. TAX ti w, Dual Town- Dual County_ Comm. of Ed. 5 QQ_ Held for Apportionment Affidavit Transfer Tax Certified Copy Mansion I'm The property covered b this mortgage is or Reg. Copy will ba improved b a one or two family Sub Total /4s dswiling only. Other YRS or NO_ GRAND TOTAL If NO, sco appro note tax clause on page 1t + of Ihi91 rumettt. heal Property Tax Service Agency Verification 6 Communi Preservation Fund u Dist. Section Block Lot Considerati n Amount $D0,0_ •ttlr A 1000 010.00 11.00 005.008 CP Tax Due E 7,700 _ "L Improved - • w Vacant Land 7 Salisfactions/Discharges/Rcleases List Property Owners Mailing Addirm TD 112 Z RECORD & RETURN TO:-I/- Charles C. Dorego, Esq. ll) Stroock, Stroock S Lavan TD 180 Maiden Lane New York, NY 10038 a Title Company Information Co. Name Rid a Abstract Corp. _ Title Al TA24 7. 9 Suffolk Court Recording & Endorsement Page This page forms part of the attached Deed -4/y _ made by: (SPEQFY TYPE OF IWIRUMENf ) COVE CORPORATION The premises herein is situated in SUFFOLK COWIY, NEW YORK TO In the'fownship of SOUTHOLD L.F. BOKER DOYLE and In the VILLAGE SUSANNA S. DOYLE or IIAMLET of FISHERS ISLAND BOXES 5111RU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY P19OR TO RECORDING OR FILING. (OVER) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that You may be billed directly for all future pro e~rty tax bills. Local property taxes are payable twice a year: on or before January [0" and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N. Y. 11901 (516) 957-3004 (516) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jetferson, N.Y. 11777 Shelter Island, N.Y. 11964 (516)473-0236 (516) 749-3338 East Hampton'rown Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown. N.Y. 11787 (516) 324-2770 (516) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (516) 351-3217 (516)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, N.Y. 11751 Southold, N.Y. 11971 (516) 224-5580 (516) 765-1803 Sincerely, L6u~Rt'kL/~ Edward P. Romaine Suffolk County Clerk dw 2/99 ~taa::aw • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY ean~ d one, THIS INDENTURE, made the 9th dayof February, two thou !v BETWEEN COVE CORPORATION, a Delaware corporation, c/o Day, Berry d Howard, One Canterbury Green, Stamford, Connecticut 06901, h cJD.i,r~ d party of the first part. and L.F. BORER DOYLE and SUSkNNA S. DOYLE, 2 Mekeel Street, P.O. Box 842, Ratonah, New York 10536, It party of the second part, WITNESSETH, that the party of the first part, in consideration of Five Hundred Thirty-Five Thousand and 00/100---------------- ($535,000.00)------------------ dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plotp piecesor parcelsof land, with the buildings and Improvements thereon erected, situate, lying and being irrlle at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed, dated September 1, 1984 and recorded in the office of the Suffolk County Clerk on September 12, 1984 in Liber 9639 page 381. This conveyance is made pursuant to the consent of the sole stockholder and director of the party of the first part. TOGETHER with all right, title and interest, If any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the some for any other purpose. The word "party' shall be construed as If It read 'parties' when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. COVE PORATION , IN PRESENCE OF: B aria Matthiessen, Vice President Standard N.Y.B.T,U. Form 8002 - Bargain and Sale Deed, with Covenant against Granlor's Acts - Unaarm Acknowledgment Form 3290 TO BE USED ONLY 1V)IEN 7HE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE ' State of New York, County of Suffolk as: Stale of New York, County of es: On the 9th day of February In the year 2001 On Ilia day of In The year balm me, the undersigned, personally appeared before me, the undersigned, personally appeared Maria Matthieseen personally known to me or proved to me on tiro basis of personally known to ills W proved to me on the basis of sallsfactory, evidence to be the Individual(l) whose name(!) is satisfactory evidsnce to be the Individual(s) whose name(s) is (us) subscribed to the within Instrument and acknowledged to (are) subscribed to the within Instrument and acknowledged to ins that Mobefiher executed the same in 1Tlelhedt ifir me that heishellhey executed the same In NsAterAhelr capecily0u), and that by ltalherAkek signature(s) on the capacily(ies), and that by NamerAhelr signature(s) on the InsIlUment, the kxllviduaks), or the person upon behalf of wlddl Instrument, cue bdividusi(s), or the person upon behak of witch The indkridua s) Wed, executed Ile Instrument. Ilia Individual(s) acted, executed the Instrument. (signature and office of individuabll taking acknowledgmenl) (signature and office of Individual taking acknowhedginent) Notary Puic BARBARA E. PURCELL Notary Public, State Of Naw Yak Qualified in Suffolk County CiOmrr11a910n Expires April 20 2001 TO BE USED ONLY WHEA THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE Stale (or District of Columbia, Tentiay, or Foreign Country) of as: On The day of In Via year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) Is (am) subscribed to the within Instrument and acknowledged to me that helshelthey executed the same In hlePoerAheif capac)ly(les), and that by hislherAheir signature(s) on the Instrument, the Intlividual(a), or the person upon behalf of which the Indlvkusl(e) acted, executed the Instrument, and that such Individual made such appearance before the undersigned In Ile in (insert Ile City or other poklical subdivision) (and Insed the Slate or Country of other place the acknowledgment was taken) (signature and claw of Individual taking acknowledgment) DISTRICT 1000 BARGAIN AND SALE DEED SECTION 010.00 WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK 11.00 LOT 005.008 Tulle No. L4"4111SZ COUNTY OR TOWN Suffolk - Southold STREETADDRESS (no 0) Peninsula Road COVE CORPORATTON Fishers Island, NY 06390 TO Recorded at Request of L.N. BORER DOYLE and SUSANNA S. DOYLE COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN sTA O FOWOa NEW YORx DOARD OF Tina UNDERWRITE Dishlbulad by NN _ _ IIII _ y7a COUNTY CLERK'S OFFICE STATE OF NEW YORK SS 1 COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Courl of Record thereof, do h by certi y that I have compared the annexed with the original ...:RECORDED in my office ~t~ c. .-;l, , and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, l have hereunto s ~r1y hand and affixed the seal of said County and Court this .....~~C1e~ A0.0.6 CLERK....~a:~,~ Schedule A to Deed Party of the First Part: COVE CORPORATION Party of the Second Part: L. F. Boker Doyle and Susanna S. Doyle Deed Dated: February 9, 2001 All those certain plots, pieces or parcels of land, with the buildings and Improvements thereon erected, situate, tying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: FIRST PARCEL BEGINNING at a monument set on the southerly shore of the inner bay of Great Harbor, said monument being located 1083.47 feet North of a point which is 1238.39 feet East of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE along said southerly shore of said bay South 72 degrees 29 minutes 25 seconds West, 100.00 feet to an iron pipe; THENCE South 20 degrees 35 minutes 30 seconds East, 358.79 feet to an iron pipe; THENCE South 82 degrees 06 minutes 00 seconds West, 70.10 feet to an iron pipe; THENCE South 02 degrees 11 minutes 43 seconds East. 100.00 feet to an iron pipe; THENCE North 82 degrees 06 minutes 00 seconds East, 234.74 feet to an iron pipe on the southwesterly line of Peninsula Road; THENCE North 12 degrees 54 minutes 00 seconds West, 124.88 feet to a point; THENCE North 06 degrees 11 minutes 00 seconds East, 149.53 feet to an iron pipe at the southeasterly corner of land now or formerly of Baldwin; THENCE North 47 degrees 05 minutes 30 seconds West, 253.89 feet to the monument at the point or place of BEGINNING. SECOND PARCEL BEGINNING at an iron pipe on the southerly shore of the inner bay of Great Harbor, said point being the northwest corner of the First Parcel described herein and the northeast corner of this Parcel; RUNNING THENCE along said southerly shore of said bay South 72 degrees 29 minutes 25 seconds West, 38.15 to a point; THENCE South 32 degrees 22 minutes 00 seconds West, 215.50 feet to an iron pipe; THENCE South 25 degrees 08 minutes 47 seconds East, 130.00 feet to a point; THENCE North 82 degrees 06 minutes 00 seconds East, 7D.10 feet to an iron pipe; THENCE North 20 degrees 35 minutes 30 seconds West, 358.79 feet to the iron pipe at the point or place of BEGINNING. The foregoing First Parcel and Second Parcel are conveyed' SUBJECT TO electric and water line rights of way as may exist. SUBJECT TO an easementten feet and width and to limited access and riparian rights in favor of premises now or formerly of David G. Hanes adjoining on the south and west as described in the deeds recorded in Liber 8455 page 126 and Liber 9639 page 382. SUBJECT TO an easement over and along such private roads as may now or may hereafter exist in favor of premises now or formerly of George Carey Matthiessen adjoining on the north and west as described in the deed recorded in Liber 8510 page 119. TOGETHER WITH an easement thirty feet in width along the westerly boundary of premises now or formerly of David G. Hanes adjoining on the south and west for ingress and egress by vehicle or otherwise as described in the deed recorded in Liber 8455 page 126. a 1*A6 Southold rN~fE A41 N L/ 7.6 f 35 1 TRUSTEE DICKERSON: Do you want to make a comment, Jim, or should I close the hearing? 2 TRUSTEE KING: I would close the hearing and go for denial without prejudice. He could resubmit something down the road 3 if he wants to submit a smaller project, something we want to take another look at, that's fine. We are not shutting the 4 door on him. TRUSTEE DICKERSON: I'll make a (notion to Close the public 5 hearing. TRUSTEE KING: Second. 6 TRUSTEE DICKERSON: All in favor? (ALL AYES.) 7 I'll make a motion to deny the application under the wetland permit to construct a single-family dwelling, detached 8 garage, swimming pool and associated water supply and sewage disposal facilities. Located: 1725 North Sea Drive, Southold. 9 Do I have a second? TRUSTEE GHOSIO: Second. 10 TRUSTEE DICKERSON: All in favor? (ALL AYES.) 11 TRUSTEE KING: Denied without prejudice. TRUSTEE DOHERTY: To deny without prejudice, yes. 12 MR. JOHNSTON: Could we just take judicial notice that it was advertised. Lauren, you are confirming that it was 13 advertised? I thought I saw it. MS. STANDISH: Yes, it was. 14 MR. JOHNSTON: Okay. TRUSTEE KING: I believe the applicant had full knowledge 15 this meeting was on. Yes, definitely. It's not that they didn't know this was going on. 16 MR. JOHNSTON: Okay. MR. BETSCH: Could I ask a procedural question. If this is 17 denied, he re-applies, he's starting fresh. It has to be a brand new public notice put on the property and everything? 18 TRUSTEE DOHERTY: Yes, starting from scratch. TRUSTEE KING: This is not something that's been tabled 19 and carried over to next month. No, it s a new application. 20 WETLAND PERMITS: 21 TRUSTEE KING: We are oing our, Wetland Permits. Number one, Docko, Inc., on behal of requests a 22 wetland Permit to construct 95 linear feet of four-foot wide fixed wood pile and timber pier elevated to clear tidal 23 wetlands. Install a new 3x20 foot hinged ramp and an 8x20 foot float all at or waterward of the apparent high water line, for 24 a total length of 125 feet. Located: Peninsula Road, Fishers Island. 25 Is there anyone here to speak on behalf of this application? 36 Page 33 121306 Southold 1 MR. NEILSON: Keith Neilson, President of Docko, Inc., and I'm here to answer any questions that you all might have on 2 behalf of Susanna Doyle and this application tonight. I think the hearing was being reopened at the request of 3 Mrs. Flynn, one of the neighbors, and so maybe it would be best if she spoke first. 4 TRUSTEE KING: Is she here tonight; Mrs. Flynn or Mr. Hamm? 5 MR. HAMM: Steven Hamm, 38 Nugent Street, Southampton. I represent Anne Flynn. 6 TRUSTEE KING: Are you an attorney, Sir? MR. HAMM: I am, yes. First time before this board. 7 Glenn just usually comes for my clients. TRUSTEE KING: Are you going to give us a brief rundown of 8 what's happened in this situation? MR. HAMM: well, I'm appreciative of everybody's time 9 here. I don't want to take much time. I just want to point out that my client has deeded rights, I have certified copies 10 of the deed, I'll put it into the record, to a 38-foot portion of the Doyle waterfront. I can provide more copies later but 11 I'll put these in tonight. This dock was built already, as you know. My client 12 received no notice of it last year when the hearing was held and found out about it only this summer. I Qointed out in a 13 letter that I submitted or sent to the Doyle s and gave to Mr. King that they are well aware of her rights. Today I heard 14 from her lawyer who has offered somewhat of an olive branch to possibly settle with her as far as her rights are concerned. 15 So I just want this board to be aware of those rights and if this application is resurrected and a dock built, especially 16 in its location where it is now, that a condition to any approval would be the consent of my client who owns the 17 property immediately adjoining on the south in an LLC. I think it's tax lot 5.5. 18 I'm told Dick Strauss, the surveyor who was with Mr. King today, informs me that the dock is precisely centered in the 19 middle of this portion of the waterfront where my client has rights. 20 As I say, at this point, she is willing to discuss this with the Doyle's, ust if you could give us a condition, if 21 you do reapprove to s, that a condition be her consent to that. And even if it's moved in some respect to another part, 22 to have her consent if it would interfere with future rights of her or future owners of her property to exercise those 23 rights. so let me put this into the file, into the record. These 24 are certified copies of the Doyle deed and the deed to which it refers and the survey which, just to point out briefly, 25 this is a survey that was prepared for the Doyle's. It's in my possession because I represent the seller of this 37 1 property. And the surveyor noted on the survey itself that there are rights to this adjoining owner. It's under Haynes, 2 the former owner, her former husband. Page 34 121306 Southold TRUSTEE KING: Just a note, I believe by code on 3 residential properties we only allow one dock. So it's not as though Mrs. Doyle could move the dock over and your client 4 could build a dock in that place. That's not going to happen. 5 MR. HAMM: In that case we would ask a condition to any dock that is put there would be with her consent so that she 6 could settle her legal rights with the Doy1 's. TRUSTEE KING: we have reopened this because Mrs. Flynn 7 was never notified, which she should have been, and probably if she had been notified a lot of this would have come to 8 light and we would have known. we did not know about this deed of right of way. 9 MR. HAMM: I appreciate that you would not have known. TRUSTEE KING: Our town attorney reviewed it and she 10 hasn't seen anything like that, really a deeded right to build a dock. 11 MR. HAMM: That's why I put the certified deeds into the record; the Doyle's deed, which I prepared, and the subject 12 I mean it couldn't be any clearer. TRUSTEE KING: It going to have to be some serious review 13 of this. oecause usually we issue a dock permit to the owner of property. Now, Doyle is the owner of the property. so the 14 way we have been doing things, Mrs. Flynn would have to get permission from Mrs. Doyle to begin with to put the dock 15 there. This is a tangled web we are dealing with here. MR. HAMM: The right that she has, has to mean something 16 so, if anything, would have to be construed in her favor, not in favor of the Doyle's. 17 TRUSTEE KING: Like you said, I was over there today and another issue that came up, this dock was built without DEC 18 permit. MR. HAMM: we are aware of that as well. 19 TRUSTEE KING: It was also built with CCA decking, which is prohibited by code. we have a lot of problems here with 20 this dock. Any other comments? (No response.) 21 TRUSTEE KING: Like I said, there is a lot of baggage here. I think technically it's a violation to build a dock 22 with ccA decking. It's also a violation to build a dock without the necessary other agency permits. It's in our 23 code. I think we can close the hearing and I want to give the 24 rest, all this information to our attorney and we'll reserve decision on what we are going to do with this. 25 TRUSTEE DOHERTY: Do you have another comment? MR. NEILSON: I was just going to say if there was any 38 1 technical questions, I would be happy to deal with them. Legal issues, I guess would have to ye addressed by Ms. 2 Doyle's attorney and so on TRUSTEE KING: Like I said, the town attorney will have to 3 take a long, hard look at this to see what we are going to do here. 4 MR. NEILSON: I understand. Page 35 121306 Southold TRUSTEE KING: AS far as the decking goes, the decking 5 should have to be removed, really. who knows, the entire dock may have to be removed. I don't know. 6 TRUSTEE GHOSIO: what does the DEC say? TRUSTEE KING: He's not a happy camper. Not at all. 7 TRUSTEE BERGEN: Make a motion to Close? TRUSTEE KING: I'll make a motion to close the hearing. 8 TRUSTEE DICKERSON: I'll second the motion to close the hearing. 9 TRUSTEE KING: And we'll reserve decision what we are going to do here. All in favor? 10 (ALL AYES.) TRUSTEE KING: That's the best I could do. It's it unfortunate but these things happen sometimes. TRUSTEE KING: Does anybody else want to say something? 12 MR. NEILSON: I just had one thing I want to add for the record. The notices for the hearing. 13 TRUSTEE KING: Thank you. MR. NEILSON: Thank you. 14 TRUSTEE DOHERTY: Good night. 15 TRUSTEE KING: Number two, Harolds, LLC, on behalf of George Guimaraes requests a wetland Permit for the existing 16 deck and an Administrative Permit to remove the 7apanese Knotweed and repeat cuttings over next three growing seasons. 17 Located Equestrian Avenue, Fishers Island. This has been going on for a while. what happened here, 18 they went to the Building it's my understanding they went to the Building Department to apply for house renovations and 19 to build a deck. The survey that they gave to the Building Department did not have the pond on it. 20 TRUSTEE DOHERTY: I remember this one. we all saw this one. Do you remember this? It was right on the road. You 21 weren't there. Dave knows. TRUSTEE BERGEN: I do remember. 22 TRUSTEE KING: This was the survey given to the Building Department. This pond was not on the survey. so we went out 23 there and looked, I forgot now when it was. As a matter of fact, I think there is pictures in the file. 24 TRUSTEE DOHERTY: It was August. TRUSTEE KING: There is some pictures in the file where 25 the Knotweed is. TRUSTEE DOHERTY: It was right under the deck, wasn't it? 39 1 TRUSTEE KING: And as you can see, the deck is still being built. And it's right, the footings for the deck are almost 2 in the pond. so they built this deck without any wetland permit whatsoever from the trustees. Now they want approval 3 for it as an administrative as built. I don't think we would ever have approved this deck if they applied for it. 4 TRUSTEE DOHERTY: It's right on the edge of the pond. TRUSTEE KING: I remember going out here about four or 5 five years ago. None of this decking was here. In toward the old foundation of the house, I don't think it shows it, there 6 was like a little brick patio way back under here. so they Page 36 7 Board of Trustees 29 February 15, 2006 TRUSTEE DOHERTY: We can do that. These are complete, you have all the soundings here, and you show the one-third across the way. It's a very complete application. Is there anybody here to have any comment on this application? Board comments? TRUSTEE KING: I think we straightened it out at work session. TRUSTEE DOHERTY: All right, I'll make a motion to close the public hearing. TRUSTEE KING: Second. TRUSTEE DOHERTY: All in favor? ALL AYES TRUSTEE DOHERTY: I'll make a motion to approve - what would be the length of this once we move it? MR. NIELSON: It remains at 95. TRUSTEE DOHERTY: approve the Wetland Permit for Peter Baccile to construct a 95' by 4' wood pile and timber pier and install an 8' by 20' float with associated 3.5' and 20' wood ramp and tie-off pilings, with a 45 foot offset from the other docks to the neighboring dock subject to a new plan submitted showing that. And just one note, our code calls for six foot wide floats on Fishers Island. Its consistent with the other floats in the area that are eight foot wide, so I don't see that being a problem in that area. TRUSTEE KING: That's been the standard float on Fishers Island since I've been on the Board. TRUSTEE BERGEN: Second. TRUSTEE KING: I'll second the motion. TRUSTEE DOHERTY: All in favor? ALL AYES. 2. Docko, Inc. On behalf of SUSANNA DOYLE requests a Wetland Permit to construct 95 linear feet of 4' wide fixed wood pile and timber pier elevated to clear tidal wetlands. Install a new 3' by 20' hinged ramp and an 8' by 20' float. The total length of the pier is approximately 125. Located: Peninsula Road, Fishers Island. SCTM#10-11-5.8 TRUSTEE KING: I guess you're up again. MR. NIELSON: I'm up again. Keith Nielson, Docko, Inc., on behalf of the Doyles. Again, we have followed your regulations and the LWRP closely to make sure that we can provide a dock compliant with all of your code standards as well as DEC, Corps of Engineers and Department of State policies. And in this case, the reason for the longer dock length is because we have an incredible amount of grasses, wetland grasses Board of Trustees 30 February 15, 2006 that we're trying to span, and we're clearing them with bottom sediment clearance I should say the distance between the dock structure and the bottom sediments is four feet in compliance with DEC standards. You will notice that the dock starts off a little bit high then tapers down, slopes down to a level off about five, five and a half feet to make sure it's satisfied the flood proofing and inundation characteristics of the cove. Again, it has an 8' by 20' float for stability reasons consistent with other floats and structures on Fishers Island. We have worked out in the application document, you'll notice that I have shown the Miller's dock on Cove Cottage, immediately adjacent. That structure was permitted and it is not yet built. We worked out the separation from their dock at 70 feet, and it's shown on the application drawings. Again, this property has a little bit of an unusual property line. If we were to show 15 foot offset of the property line, the two points would cross somewhere before the end of the pier. The DEC policy to reach four feet of water to avoid future dredging requirements has been incorporated into this dock and so it sticks out beyond the intersection of those two property offsets. We did get to coordinate this with Miss Pankowitz, the neighbor to the east, as well as the Millers, and 1 believe that we have maintained peace and harmony in the neighborhood and at the same time provided for reasonable boating access and complied with all the other provisions which I have stipulated on other occasions to comply with your regulations. If there are questions, I'd be happy to answer them. TRUSTEE KING: Any other comments? CAC did not make an inspection therefore no recommendation. Jill and I looked at this. We didn't have a problem with it. It's consistent with the LW RP. TRUSTEE DOHERTY: It's a structure that seems to have been there quite a while. TRUSTEE KING: If there's no other comments, I'll make a motion to close the hearing. TRUSTEE DOHERTY: Second. TRUSTEE KING: All in favor? ALL AYES. TRUSTEE KING: I'll make a motion to approve the application as stated TRUSTEE DOHERTY: Second. TRUSTEE KING: All in favor? ALL AYES. MW205416 ANN FLINN • PAGE 02 Ann G. Hanes Flinn 295 Round Hill Rd. Greenwich, 0.06831 Tel. 203-869.0271 Pax. 203-661-5416 Re: Susanna Doyl&Doeko, Inc. Dock Permit Request, Fishers Island New York and Notice to Adjacent Property Owner Mr. James King President, Town Board of Trustees Southold, New York Dear Mr_ King: I am writing to inform you that while I greet the news of the re-opening of the Hearing pertinent to the above application of my neighbor, that unfortunately owing to the limited advance notice which I received just last week, I arm personally unable to attend. My legal counsel, Mr. Stephen Hann, of Matthews and Ham, will however, be present to represent my interests in this matter, beginning on or about 6:30PM on December 13, 2006. 1 remain grateful that the Board of Trustees of the Town of Southold has taken this step of re-opening the Hearing, which will now allow all parties to express their views through the appropriate channels. V////e''''rrrr~y Sincerely Yours, Ann G. Hanes Flinn Adjacent Property Owner D E^ 1 t Fishers Island, New York 12/11/2006 10:38 2*15416 ANN FLINN • PAGE 01 Ann G. Hanes Flinn 295 Round Hill Rd. Greenwich. Ct. 06831 Tel. 203-869-0271 Fax. 203-661-5416 1, PIRATE'S COVE MARINE, P.O. BOX 365 FISHERS ISLAND, NEW YORK 06390 Southold Town Board of Trustees Town of Southold, NY 6 December 2006 To the Trustees: In the matter of the application for construction of a fixed timber pier and attendant float and ramp SCTM 41000-011-5.8 for Susanna Doyle, Pirates Cove Marine, Inc. has no objection to the project as it currently exists. The project does not interfere with the limited turning basin located in this "land-locked" cove in inner West Harbor. It does not appear to have had any detrimental effect on navigation or on the environment. The construction was completed in the early summer of 2006 and as built had not hindered any of the uses or users of the area. Thank you for your interest in our navigable waters. Sincerely, Reynolds duPont, Jr., President DEC 11 2006 telephone: (631) 788-7528 9 fax: (631) 788-7873 • email: pcminc@fishersisland.net - a u~,jr a ..a Dear Mr. King: September 16, 2006 I arm writing to advise you that as a neighbor with land abutting Doyle property on Fishers Island, having also certain deeded rights over Doyle property: established in the public record since approximately 1077, and to which her own title is subject, that Mrs. Doyle piled to notify me in writing by certified mail of her application for a dock permit as required by law. In falling to MOM me, Mrs. Doyle may have knowingly flied an Incomplete application for a dock with the Board of Trustees of the Town of Southold, where she clearly bore the responsibility of informing all adjoining properties. Among the consequenoes of this feNure of proper notification are t and was not given the opportunity to attend a (1) 1 was unaware of the dock's construction going forward, public hadring at which my objections could property be raised. (g) Other permitting was allowed to pressed upon Town approval, and without an airing of my deeded rights, riparian and to build a dock of my own in a specific location. (3) With Town approval in hand, Mrs. Doyle allegedly toll DOCKCO. and Keth Nielsen of my riparian right, but not my deeded right to build a dock, a withholding of material evidence, which resulted in the siting of the Doyle dock in such a way as to obltiterate the possibilbity of my buidling a dock in a location provided by a deeded right. (4) Upon 9AW61 at Fishers Island in mid-July after an absence since September 2005,1 sew the final stages of construction of the dock, which 1 instantly understood to interfere with my rights. I phoned the DEC to inquire about. off sets between docks and property lines', the Town to understand why I had not known of this at the outset.. After my intital shook, 1 began to look into the matter further. I first questioned Keith Neilsen of Dock Co., who expressed surprise about my deeded claims, parttculariy the right to build a dock, (which, of course I urideretarid would be subject to the same perndttlrtg process as any landowner must undergo). In tithe he reported to me that in fact the Doyle dock is in part built over my right of way. It dearly is bulk in a way to deny me the possiblity of realizing my deeded right. Not urttit I made my Inquiries Into the possible illegality and impropieties and failures of notification oonnected to the Doyle dock did tt surface that in fact the Doyle dock was constructed without having secured as DEC p Dui from the state of New York. This came to light while I was talking with Chuck Hamilton by phone weekend September 8th, when an emergency mossege from Keith Neilsen was made known to Ghuek during our conversation, an after the fad of construction acknowledgment of the failure of Mrs. Doyle, DockCo and GwenMor construction to secure a very key dock permit. With this latest revelation, the disregard for law and other's property rights, the offensive pattern of Mrs. Doyle's behaviour is all but inescapable. Imspite of this belated admission of serious omission and failure to comply with the requirements of the DEC, and the laws of the state of New York, Southold, or to respect my own property rights, Mrs. Doyle, during the week following Labor Day, still without a DEC permit. has proceeded with the construction of an electrical and water conduit for the dock. A compliance inspection is outstanding. Since there remain many outstanding issues with regard to the legality of the Psrmltting process and the construction of the Doyle dock, it would seem inadvisable to me at this time to proceed with a compliance inspection. Further, I believe that Mrs. Doyle should be held accountable to the authorities for her repeated failure to ad responsibly. I have left a message with Lauren Standish requesting that you phone me at your earliest convenience. Sincere you s, Ann G. Ha Flklri R SIOCk 44, Lot 26 Fishers Island, New York Contact: 203 88g 0211 203- 9199-027 / SEP 19 2006 Monday, September 18, 2006 America Online: Heidiflinn Ann G. Hanes Flinn 295 Round Hill Rd. Greenwich, Ct. 06991 Tel. 203-869-0271 Fax. 203-661-5416 Mr. Chuck Hamilton Regional Supervisor, Office of Natural Resources NYSDEC SEP 19 2006 Building 40 SUNY Stony Brook, New York, 11790-2356 RE: Doyle Dock Fishers Island September 11, 2006 Dear Mr. Hamilton, Pursuant to our conversation of Wednesday, September 6, 2006,1 am writing to provide you with a written record of my objections to the construction of the Doyle dock on Fishers Island. I have many reasons for raising strenuous objection to the construction of this dock. (1) 1 own a deeded riparian right of way and a deeded right to build a dock over a specific narrow piece of land. The construction of the Doyle dock has occurred over my right of way and in fact bisects the line where a dock of my own would have been constructed. (2) The construction of this dock has thus denied me of a valuable deeded right dating from 1977. (3) The Doyle dock was constructed with out the required notification to me as an abutting neighbor. The other neighbors were notified, but not me, the abutting owner with deeded rights. Those rights encumbered the Doyle title at the time of purchase. Their property was sold to them subject to those rights. Those rights were ignored as well as the right to be notified and thereby to attend a hearing and raise objection in a timely way. The other two neighbors were notified, but not Flinn as the Town file reveals. Doyle's responsibility to notify all abutting neighbors was not fulfilled, which may have resulted in other parties involved in the permitting process to be misled, the Town Board of Trustees and Dock Co. The latter was selectively informed of my riparian right of way over Doyle land, but not of the deeded right to build a dock. (4) The Doyle dock was constructed without a DEC permit, a fact that was only belatedly acknowledged (August 31,2006), after my own inquiries with Dock Co. and Keith Neilsen had begun. It was he who said he had not previously known of my deeded right to build a dock. It was also he who told me that upon review and by later phone call that the Doyle dock bisects my right of way 15ft out in the water, a fact that would also have the effect of extinguishing my own rights. (5) It is my belief that people who proceed to construction with knowing disregard for property rights and without regard for the legal process in a highly regulated area of public and environmental concern should be held accountable for their actions. (6) Returning to Fishers Island this past weekend, we found that the Doyle's are proceeding with additional construction with a 60 yard long 3' deep trench apparently meant as an electrical and/or water conduit for the dock. It would seem to me that if Doyle still lacks the DEC permit, she should not be allowed to Ann G. Hanes Flinn 295 Round Hill Rd. Greenwich, Ct. 06831 Tel. 203-869-0271 Fax. 203-661-5416 undertake further construction until that matter is settled. I further understand that Doyle has not yet requested a compliance inspection. I would say it's way too early for that. L qq (0 Ann G. Hanes Flinn 295 Round Hill Rd. Greenwich, Ct. 06831 Tel. 203-869-0271 Fax. 203-661-5416 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORE 11988 PHILIP H. MATTHEWS (1912-1002) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-289-1096 e-mail: Manhamcsq®aoLC a.~ C ^E a s({n 1~~ jr HdEEABA T. HAM 1E u[ V 1~ I ; A i P4, 2007 APR 2 5 2007 BY CERTIFIED MAIL ~.s RETURN RECEIPT REQUESTED Southold 1o'n Board of Trustees_ Mr. Charles T. Hamilton Mr. James King Director of Natural Resources Board of Trustees New York State Department of Town of Southold Environmental Conservation P.O. Box 1179 Building 40 - SUNY Southold, NY 11971 Stony Brook, NY 11780 Re: Construction of Dock at Doyle Property on Fishers Island (SCTM No. 1000-10-11-5.8) Dear Messrs. Hamilton and King: As you may recall from respective letters to each of you, dated December 5, 2006, 1 represent Ann Flinn who, through her limited liability company, Fironsword LLC, owns the property adjoining the referenced property on the south. As I demonstrated in that letter and at the Board of Trustees hearing on December 13, 2006, my client has a vested right of record to construct a dock in the same location where the Doyles erected a dock without benefit of a permit from NYSDEC. 1 understand that Notices of Violation in connection with the construction of the referenced dock have been issued by NYSDEC to the Doyles and to their contractor, Gwenmor Marina, Inc. I also understand that a Compliance Conference for at least one such Notice of Violation has been scheduled for Thursday, May 3, at 11:30 a.m. at the NYSDEC offices in Stony Brook. Please be advised that, while my client would not necessarily oppose the issuance of an Order on Consent with "No Removal Required", it is imperative that any such Order also specify, as a condition to the settlement, that the Doyles obtain my client's consent to the continued presence and future use of the dock. Indeed, as I pointed out in my letter to Mr. Hamilton last December, NYSDEC would not even be able to issue a permit in this case that would not conflict with its own standard condition against the permitee's interference with the riparian rights of others. Similarly, my client's consent Mr. Charles T. Hamilton April 24, 2007 Mr. James King Page 2 should also be a condition to any determination by the Board of Trustees that would allow its previously issued permit to remain in effect. Please be further advised that my client will vigorously oppose, through all legal means necessary, any disposition of the Notices of Violation that would allow the dock to remain without my client's participation and/or consent. For you information in considering the disposition of the Notices of Violation, last December I was approached by the Doyles' attorney, Edward Townsend, with a proposal for a shared use and maintenance arrangement between the Doyles and my client and, at present, I believe there is a possibility that mutually acceptable terms can be negotiated to that end. Unfortunately, as I have been recently advised, Mr. Townsend is now out of the country and will not return until May 3; therefore, it is unlikely that any progress can be made on his proposal prior to the Compliance Conference. I would very much appreciate being kept informed as to any developments and/or decisions made by your respective agencies. Also, although I would not be able to attend the Compliance Conference on May 3, if it is postponed for any reason and you believe my participation would be helpful, I would be willing to attend if my schedule permits. Very truly yours,, ' Stephen L. Ham, III cc: Mrs. Ann Flinn James F. King, President Of sooTyo Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road P.O. Box 1179 Dave Bergen # Southold, New York 11971-0959 John Bredemeyer G Michael J. Domino ~O Telephone (631) 765-1892 ~yOUNt'I,Nc~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 19, 2013 Mr. Keith B. Neilson, P.E. Docko, Inc. PO Box 421 Mystic, CT 06355 RE: SUSANNA DOYLE PENINSULA ROAD, FISHERS ISLAND SCTM# 10-11-5.8 Dear Mr. Neilson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, June 19, 2013: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit #6289 to include the installation of plastic grate "Thru- Flow" decking on ±38 linear feet of the existing pier; and as depicted on the revised site plan prepared by Docko, Inc., last dated February 15, 2013 and stamped approved on June 19, 2013. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK:amn N MA I 1 6 013 \ ABLLIN E APPROVED BY i -SOARD OF TEES ~ QW~1 OF SOUTHOLD 5 \ \FLOAr oLCL , ~9 13 \ 70': j \ RES NLF/ 1 \ NE 3 N~,4FTWIDEFNED PE \ RAMP P PIER END DECK EL 5.51t NEW LA06EP t RAILWAY ~ _ SPARTINA y Y,yP / PIECE-- ALTERNIFLORA(TYP) t 4 y TOP OF BANK" NEW PIER SUPPG7RT~ AI O`NG SHORE -r PILE ("IMP) / ~ ~ ADJU57THRU-FLC~JW DECKING LONGER" rn"Ll / i/" r TO MATCH EXISTING V y a r DECK SPACING ! y ~r r " r N/F PROPERTY" 414 " " i 6. OF . sPAtznr~A " MILLER ; WF? - PAT' Ns ` ~ ~ - • ` -'.'.'°r. _-I FOUND WF11. (TYP) 'N/F PROPERTY n, ~IN ELA.64Mw/1.. BN BRUSH 6 WF12 e't R~ SITE HGHTIDE-` 4 `r PANKIEWIGZ PROPERTIES BuE\H vm3 OF PROPERTY; r ~y`) DOYLE PARIQNIG LINE ~ s PROPO~"~E3D GOIV~ITIOIV~~ SURVEY by J. DEMPSEY I A550CLATES WETLANDS RAGGED by RGHARD SNARSK! GRAPHIC SC.4 E 1'=40' ° PROJECT: NEW RXED PIER and RAAT 40 20 40 REVISED 10.606 S.D. LOCATION FISHERS ISLAND, TOWN OF SOUTHOL O QF F 10-FT EASEMENT SUFFOLK COUNTY, NEW YORK 1i E! REVISED 2-15-13 WATERWAY: PIRATES COVE, WEST HARBOR J '9.Fm~ :THRU-R-OW DEGYJNG DATE OCTOBER 3, 2005 D 0 C $ 0 ~ APPLICANT: SUSANNA DOYLE su. AGENT: SHEET 3 OF 4 I~OGKO, INC. l C 4 O °s&692'` ~t=~ Kelth B. Neilsen, PE 0 S IlYsi~, CT 06355 SGO 572 8939 FAX 860 572 7569 R P 0 -1 p~OFES510NP EMAIL do6x@snet.net DWG 03-09-1488 e6+ B. Neds , 0a inc. 2n5/2013 8 25 ?M DOYLE_3G.dw James F_ King, President g1SFFOLk CQG P.O. Box 1179 Bob Ghosio. Jr.. Vice-President i_o Z Southold. NY 11971 Dave Bergen Telephone (631 765-1892 John Bredemever M Fax(631)765-6641 Michael J_ Domino Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: 0/;Z/ o Docko, Inc. on behalf of SUSANNA DOYLE requests an Administrative Amendment to Wetland Permit #6289 to include the installation of plastic grate "Thru-Flow" decking on ±38 linear feet of the existing pier. Located: Peninsula Road, Fishers Island. SCTM# 10-11-5.8 Type of area to be impacted: w 6s T t~~ 0~ -Saltwater Wetland -Freshwater Wetland -Sound -Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: _Chapt.275 Chapt. 111 -other Type of Application: _ Wetland -Coastal Erosion -Amendment -Administrative-Emergency Pre-Submission Violation Info needed: Modifications: p IF C. S T! f d L r9 r, Conditions: n/ ? Present Were: J. King B. Ghosio D. Bergen, d Bredemeyer 4"-ichael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: Docko, Inc. Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com July 10, 2012 Mr. James King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Doyle Property, Fishers Island Project Status Dear Mr. King and Board of Trustees, Please accept this correspondence as an update related to Susanna Doyle's dock facility, located on Peninsula Road on Fishers Island. Recall that on October 21, 2009, the Town informed Mrs. Doyle via letter that the previously issued permit for the dock facility would be amended. (I have attached a copy of that letter). The Town also indicated that the permit was "subject to the rights, if any, of the neighboring easement holder." I wanted to let you know that the easement issue between Susanna Doyle and the easement holder (Anne Flinn) has been resolved. At this time, the DEC permit has not yet been issued. We are in the process of providing the DEC with all necessary information in an attempt to obtain the DEC permit for this dock facility. We will keep you apprised of our progress. Please feel free to contact me if you need any further information or if you would like me to make a presentation at an upcoming meeting of the Board of Trustees. Yours truly, 4KO,1;tNC JUL 1 9 2012 Keith B. Neilson, P.E. i KBN: cb Cc: Mark Branse, Esq. Susanna and Boker Doyle Anita Digioia, Esq. Robert McKay, Esq. Gwenmor; C. McGugan Theodore Hams, Esq. John Donovan NYS DEC, Walker File: 03-09-1488 DOYLE DOCko, Inc. Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com May 10, 2013 "AY 1 ~ 41013 Mr. James King, President AIR Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Doyle Property, Fishers Island Dock Administrative Amendment Dear Mr. King, We are requesting an Administrative Amendment to the Doyle Permit number 6289 to include the installation of plastic grate "Thru Flow" decking on 38(+/-)- LF of the existing pier. I have attached two sets of the revised drawings and a check for $50. Yours truly, DOCKO, INC. Keith B. Neilson, P.E. r V KBN: cb Cc: Doyle DeGioia, Christian McGugan File: 03-09-1488 DOYLE ? DOCko, Inc. Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com March 11, 2013 flD, E EIVE' Mr. James King, President Southold Board of Trustees MAR 1 4 xO13 P.O. Box 1179 Southold, NY 11971 Re: Doy e Fishers Island Dock Permit Resolution Dear Mr. King, Following up on our conversation several weeks ago, we have obtained the tentative agreement of the New York state Department of Environmental Conservation, Marine Habitat Protection Director, Mr. Andrew Walker, to modify the dock at the Doyle Property to include plastic "Thru-Flow" open grate, plastic decking for the 38 LF of the pier that spans over the tidal wetland on their property. As we discussed, the pressure-treated decking on the remainder of the pier will remain as is, since it has been in place for six years and any adverse leaching characteristics of the material have already taken place. Attached is a copy of a sketch showing the area where the decking will be changed as noted. The DEC has no other concerns to resolve this project other than submission of photographs showing the shed and platform adjacent to the point of origin of the pier having been removed. For your reference, I have attached a copy of the photographs showing that the shed and platform have been removed. I trust that you will find that this documentation and the planned deck replacement on the project will satisfy the Town's requirements. Your assistance in resolving the issues associated with this permit and dock facility is greatly appreciated. We will keep you apprised throughout the remainder of the process, letting you know when the work is to be completed by Gwenmor to replace the decking over the wetland and when the work is finally complete. Thanks again for your assistance. Yours truly, DOC 0, INC. Keith B. Neilson, P.E. KBN: cb Cc: Doyle DeGioia, Christian McGugan File: 03-09-1488 DOYLE -5 7 PI R RTES GOUE 3 WEST H1-':NRB012 POSSIBLE ' RIPARIAN LINES -8 E C E I Y E o D -4 MAR 1 4 2013 5 FLOAT g_ Southold awn Board of Tr ~70°F S -2 NEW FLOAT NEW RESTRAINT PILE (TYP) 'X 20' FLOAT NEW 3'X 20' NEW 4-Fr WIDE FIXED PIER j f RAMP PIER END DECK EL 5.5i / NEW LALDV R RAIL WA Y (NP) SPARTINA / PIER - ALTERNIFLORA (TYP) _ TOP OF BANK - ' ALONG SHORE NEW PIER SUPPORT 3 PILE (TYP) Qv so ADJUST THRU-FLOW DECKING LONGER u NEW RAIL TO MATCH EXISTING DECK SPACING ILL Q WF7. N/F PROPERTY 7~ w p 6 OF WF8\ L ° •.1.- I~ Q sPA12TINA ILL.- - MILLER , WF9 WFl1 PATENS (TYP) MID . 1 Fl D \ c , ezusH FUND ; - ~4 3 ` AHWL . BEtiDa~k~<E N/F PROPERTY SETw owvE WF12 OF EL,961 (MLW) ~ BQL)~bH 6 1 y.' B NNIN ti~ 4 PANQEWICZ EL 8'x Q~ SITE HIGH TIDE \ APPAREN PROPERTIES BUSH WFl3 ,0<1 N ~ a OF DOYLE PARKING, \ ~ \ ti~\ PFZOPO.~~-Ei~ GOIVL~ITIOIV~ SURVEY by J.DEMPSEY6. ASSOCIATES WETLANDS FLAGGED by RICHARD 5NARSKI GW.GHIC SCAIE 1'.40' PROJECT: NEW FIXED PIER and FLOAT 40 :20 0 40 77777 13-7-37 S.D. LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD 10-FT EASEMENT SUFFOLK COUNTY, NEW YORK REVISED 2-15-13 WATERWAY: PIRATES COVE, WEST HARBOR THRU-FLOW DECKING DATE: OCTOBER 3, 2005 D 0 C I{ 0 APPLIGANT: SUSANNA DOYLE f- AGENT: SHEET 3 OF 4 f, 5~~ ~OGKO, INC. ~ A, 1 Keith B. Neilson, PE c R P g Z. Mystic, CT 06355 O 860 572 8939 FAX 860 572 7569 DWG 03-09-1488 EMAIL dockoll)snet.net ,4 B Ne,iDoc, 11 . 215/2013&25A- DOYLE_3Gdw IE0LOvL MAR 1 4 2013 Southold Town Board of r - Fps I . f i 71~. f F Y ...,yet +r E C Ei EDD MAR 1 4 2013 Southold Town Boa-! of T,ntt 0 office@docko.com F-) P From: Rmck513@aol.com Sent: Thursday, January 17, 2013 5:03 PM MAR 1 4 2013 To: acd@digioialaw.com; tedharris@snet.net Subject: Fwd: Doyle picture Southold Town Board of TTrustees Anita & Ted--- Here is the second photo. Just for clarification, the shed was removed from the offending location, and put in another portion of the property where it is not in violation. Bob From: To: Sent: 1/17/2013 3:24:35 P.M. Eastern Standard Time Subj: Doyle picture Standing in front of the shed. Laurie r w . 1 l office@docko.com rr= F-7\ From: Rmck513@aol.com Sent: Thursday, January 17, 2013 4:07 PM MAR 1 4 2013 To: acd@digioialaw.com; tedharris@snet.net Subject: Fwd: Fishers Island Doyle pictures Southold Town Board of Trustees Anita & Ted--- This and the next email contain photos showing that the deck and shed have been removed from the Doyles' property. Please pass these on to your clients, for submission to the DEC. Thank you. Regards, Bob McKay From: To: Sent: 1/17/2013 3:23:21 P.M. Eastern Standard Time Subj: Fishers Island Doyle pictures Will send another as well. Laurie r r . r... ~ ail. •T T1• Y + - v • J~ 4 SOW. ' : r•. ~ nth, "L.~ 1 0 0 James F. King, President souryo Town Hall Jill M. Doherty, Vice-President 53095 Route 25 Box 1179 Peggy A. Dickerson Southold,, New New York 11 11971-0959 Dave Bergen G Q John Holzapfel '2 Telephone(631)765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1s` day of construction '/2 constructed Project complete, compliance inspection. Fa.. M0 a`a l j Board Of Southold Town Trustees SOUTHOLD, NEW YORK :i PERMIT NO. ~c~2.89 DATE: _..F.....e..b.. 15, ..2006 ,x SUSANNA DOYLE 4 ISSUED TO ,~u#l~arr~tt#tnn . _ _ 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 Southold Town Ordinance en- titled ."REGULATING AND THE -PLACING. OF: OBSTRUCTI.AN$ IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS,FILOM LANDS .UNDER TOWN WATERS;:'.'. and in accordance with the Resolution of The Board adopted at a meeting held on _._Feb_. 2006 .oo... aid b F and in consideration of the sum of j ........2so p by ......._...._.._._......_Susanna...Doyle Fishers island of . N. Y. and. subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: s 1 Wetland Permit to construct 95 If. of 4' wide fixed wood pile and timber pier elevated to clear tidal wetlands. Install a new 3'X 20' hinged ramp and an S'X 20' float all at or waterward of the apparent high water line, for a total length of 125', and all as depicted on the plan prepared by October 3, 2005. all in accordance with the detailed specificafions as presented in the originating application. A 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 date. 00 In z ~ o,5f _ O rrurree: TERMS and COMMONS '11;e Susanna Doyle PaadKee Peninsula Rd., Fishers Island - 'resugas at of the coasidemdoa for the issuance of the permit does uadetuand and prescribe to the fou: 1. Thar the said board of Trustees and the Town of Southold as released from any and all damages, cc claims for dam s^ of suits arising: ditecdy of indirectly as a result of any oiler. anion 'performed..pucataat:3lttl;4his h 4W die said Pamitcee aeill,.Rt his or het own ezpensq defend.any and an sudr suits`imidatea by third {,arks, and the said Petmittee sssum" full nabulty with respect theteto, to-ibeeeptaplete exclusion of she ft=4 of Trustees of the Two of Somdw.ld _ 2. That this Pednk is_ valid for a period of 24 emm vbith is 6 dsidetbd to be the estimated time-requited to complete the wort involved, but should dr taaca warrant, request: for an extension may he made to the board at a (atu 40e- 3. That this Permit should be retained indefinitely, of as long as the said Petwittee wishes to - maintain the structure or project involved, to provide evidence to anyone concerned that with- veb4tion was originally obulaed. 4. That the work involved will be subject to the iostection and gTtoval of the Board at its gcurs, and nom-compliance with the provisions of the odghmdmg application, maybe cause for tevoemdom of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with mavigadoa as a result of the worn , herein eadkotized. 6. That there shall be no interference with the right of the pubic to pus wend repass dlodg the beach between Ush and low water marks. r 7. Thu if future operadtws of the Town of Southold require: thw remord and/at altetsdoos in the lgcadon.of the wort herein ouhodwd, or if, in the opinion of 60,Boud of Trustees, the. work shall carne unreasonable obstruction to free wuvigatioo, the Bald parta6ft will be requit4 tikon due nods, to remove or altar this work of project herein stated w1dX.W etpana to the Team of $atthold. ti. That the said Board will be notified by the Permitete of the anVLetion..of the wore nigh odzed. s 9. That the 'Petmittee will obtain all other pewits and coOSWti ldiat may be required sup plemeaal to this permit which way be subject to revoke upott fwitors to obadn asma nil w i • 0 James F. King, President ~QF snort' Town Hall Jill M. Doherty, Vice-President Old 53095 Route 25 yy P.O. Box 1179 Peggy A. Dickerson T Southold, New York 11971-0959 Dave Bergen G Telephone (631) 765-1892 John Holzapfelly Fax (631) 765-6641 coulm, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 15, 2006 Mr. Keith Neilsen Docko,Inc. P.O. Box 421 Mystic, CT 06355 RE: SUSANNA DOYLE PENINSULA RD., FISHERS ISLAND SCTM#10-11-5.8 Dear Mr. Neilsen: The Board of Town Trustees took the following action during its regular meeting held on February 15, 2006 regarding the above matter: WHEREAS, Docko, Inc. on behalf of SUSANNA DOYLE applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 26, 2005, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 15, 2006, 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, 2 r 0 WHEREAS, the structure complies with the standards 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 SUSANNA DOYLE to construct 95 If. of 4' wide fixed wood pile and timber pier elevated to clear tidal wetlands. Install a new 3'X 20' hinged ramp and an 8'X 20' float all at or waterward of the apparent high water line, for a total length of 125', and as depicted on the plan prepared by Docko, Inc. dated October 3, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly ours, James F. King President, Board of Trustees JFK/Ims • 0 James F. King, President a sOUry~ Town Hall Jill M. Doherty, Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson T Southold, New York 11971-0959 Dave Bergen John Holzapfel Telephone (631) 765-1892 OurmFax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: 'J. c q n n o- ~Q Please be advised that your application dated r(?lA 1, In has been reviewed by this Board at the regular meeting of and the following action was taken: Application Approved (see below) L_) Application Denied (see below) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: F( l1CtF f c~ 5 C" OD TOTAL FEES DUE: $ SO. C-0 BY: James F. King, President Board of Trustees • 0 James F. King, President so~ly Town Hall Jill M. Doherty, Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson T Southold, New York 11971-0959 Dave Bergen ell John Holzapfel Telephone (631) 765-1892 <~Cf7~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: -°j - 4D6 Name of Applicant: (~nj, Name of Agent: (0Ez-~' Zl~~ Property Location: SCTM# & Street Lvb`,r$ IGl B.A Brief Description of proposed action: f{ ~ 9 S ~~-~'l `S x 2-0 4 ~u.rnnm ~C Ji 20' Type of area to be impacted: altwater Wetland -Freshwater Wetland -Sound Front _Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: 1-Cst`iapt.97 _Chapt. 37 -other Type of Application: ?Wetland-Coastal Erosion -Amendment -Administrative -Emergency Info needed: Modifications: Conditions: Present Were: v- ' 'ng _ Doherty _P.Dickerson _D. Bergen_J.Holzapfel Other: i ~ ~~o~~gOFFO(,~~, y Telephone Town Hall (631) 765-1892 _ 53095 Route 25 .1C P.O. Box 1179 Southold, New York t 1971-0959 of ~a CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., November 9, 2005, the following recommendation was made: SUSANNA DOYLE to construct 95 If. of 4' wide fixed wood pile and timber pier elevated to clear tidal wetlands. Install a new TX 20' hinged ramp and an 8'X 20' float. The total length of the pier is approx. 125'. Located: Peninsula Rd., Fishers Island. SCTM#10-11-5.8 The CAC did not make an inspection, therefore no recommendation was made. i ' SUSANNA DOYLE PHOTOGRAPHS f . x ABOVE: THIS PHOTOGRAPH IS TAKEN FROM THE COVE COTTAGE CO., LLC FLOATING DOCK SYSTEM LOOKING EASTERLY TOWARD PANKIEWICZ'S HOUSE AT THE LEFT EDGE AND DOYLE'S PROPERTY JUST RIGHT OF CENTER WHERE THE PATH APPROACHES THE WETLANDS. THIS WILL BE THE POINT OF THE BEGINNING OF DOYLE' S NEW DOCK. ti .'SUSANNA DOYLE PHOTOGRAPHS sf Fsrw . _ f) ~ ~ Y. :.a- F is ~ 1-lsxi ,..CM .•-w Yf _J_ ~~a fir} ffiMq~t3TE rr , eY ? y"Y' Y i w' ~~~~Jt r ~~lt' A!' \ _ SA ' r 'rte :re t°7F°• r h• . y r r..: .x2'. v y, C w t ABOVE: THIS PHOTOGRAPH SHOWS THE PATH ON DOYLE'S PROPERTY WHICH WILL SERVE AS THE LANDING POINT FOR THE FOOT OF THE PIER PIRATE'S COVE MARINA CAN BE SEEN THROUGH THE BRUSH IN THE BACKGROUND ON THE LEFT HALF OF THE PICTURE. THE TREES AND VEGETATION TO THE RIGHT OF THIS PATH WILL NOT BE DISTURBED IN THE COURSE OF CONSTRUCTION OR THE USE OF THE DOCK. Ol .6 TAX AS SOWS MAP 1000-010, SECTION 11, LOT 5.8 z„ A ° „ 16dlcl x fesmo'• L6AICl .°'„a., PROJECT: "NEW FIXED PIER & FLOAT" W 5 o1 WATERWAY: PIRATE'S COVE AVE.LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD 10 1 s ; SUFFOLK COUNTY, NEW YORK 7 Y ° APPLICANT: SUSANNA DOYLE DATE: OCTOBER 3, 2005 o iQ t. f GOOSE' 4W ' ISEAN f i '+n t ~ n ,ie ~ ~ Ao41 1 r +5 T ne ~~'~-2 i'w161 a®I d. II •o - wJm ntn,.lm ox 6.~ °,J x.x\Alcf \\\lI Y Ao, i teis1 i, Ai WEST HARBOR • ',.,g (GREAT HARSOR) hq L2 t. Wq n ~F \ 4. 11• Y15 5?pyY : e n 9.1 er. 4 1.1410 q~ hly. =a16 u,t r2).1° cWxc. rtu u.w Aa •'t )\-t - 1° a~ 9 21.9 1.1 a 5 . 6 n h O } p .y 10 tr y. ..1171% 12.1 ,e 133 n 4q 1°.J Ai.~v B 1°t 9 "r Oa ^w~ ~n{2~ n..IM~I'.u Rj ~y .,~,r ? 1t° 94 S4 1 2° o ° ° ~J *2S1 11„' < by N 4 r'.,9e x r2 w n../ 4 9 )0. 21.2 12.5 . o an23 et 21 w? ~ 2Dh y 2.2n h. y+•n .ll n. m II.) 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D. 42 x,117. -'-Teggr / V l Pay \ t~ I x, lr. - ^~~m ler R. .W~ - kMPei.xi l~n --5[x m~ .r. ~ rv -x V.~ESE r, enE lx6x`~OLF xNG ~lExklS~ o.nn.w~n.r n.,x„msnwwd (21) p,yIae sR slam r ~ww W 2] .A m12.1 Alm o/ tz14 "Iti - - I tlnnn r• pF el o- lz.l ~__S-_ • LOCATION MAP • y _ / \1 PROJECT: "NEW FIXED PIER & FLOAT" 32 33 WATERWAY: PIRATE'S COVE LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ---i-- - APPLICANT: SUSANNA DOYLE DATE; OCTOBER 3, 2005 35 L 6htower Reef I V ,tio~9o 9 , I s / 10I 26 6 ~1I~PLM1g m V 114, J( 52 0 (11 9~LtM1 urt~PIH 89 ~Ph j Jy ~y _-90 TO 1011, 23 n 1. \I J~ 5 HeWR} Na l ('t Pelnall P< 11 4 39 S O U / l i~`R se it i arb • ~ Harbor j / es ~f ro - Q .sio' 4 r m Ftsh rs S ,Bea i~ rom \s: Isla d w afl* ~i - - Hay s . r ~farbo~* O ;i r oven h ` Q Silver Eel Ci e@~etn ' g Goff 6..~~ 1 t ! io t g5 ~_F _ ~ USCOAST GUANO Course r[ A S y Q O 151 FAN r a ` V Itl F4ab 1 + Elfzabe Feld 18 _ 1~'= ISLANZ). B - SO 22 aN~ -sor . 4 I QT. J( - IC/Oto / /Rest WEST HARBOR se Flarbor I p / Z4?~ Fish rs `e 1. , Isla d °o°' v 1, • l k ' ~ ~ P)~ ' I ~ of L T . OUB GOOSE ~ 5 ISL.ANO ~ ~ ~ 1D _ O l' 1 Ptl Golf S ° Coours urse `r Jr i I41t F I LIEN 14H " IN aj r PjJ 1d Fe w OP O LOCATION I LAP REFERENCE CFWRT: L2M - 1 =4 =4 P=4 LZI 1-1 GRAPHIC SCALE 100.7 O 1000 ,1 YARDS NOTES: 1. ELLEV~RON DATUM 15 APPARENT MEAN LOW '"17' Rvy 2. TIDE DATA 15 TAKEN FROM 2005 NOAH TIDE TABLES REFERENCE : SILVER EEL COVE, ~U PROJECT Fl5HERS ISLAND NEW FIXED PIE 3. PROJECT DESCRIPTION: e FLOAT _ CONSTRUCT 95.sLF OF 4-FT WIDE FIXED WOOD PILE AND TIMBER PER ELEVATED TO CLEAR pyuK g TIDAL WETLANDS. INSTAL A NEW 3-FT x 20-FT HINGED RAMP AND AN 8' X 20 FLOAT ALL AT OR WATERWARD OF THE APPARENT N/ PROPERTY OF N/F PERTY HIGH WATER LINE. THE TOTAL LENGTH OF THE OF KNEW CZ PIER Is APPRfJwMATLEY 125 Fr. COVE G=AGE COMPANY, LLG 4. PROJECT PURP05E . THIS 15 A PRIVATE DOCK FOR RECREATIONAL BOATING. I~,E - 5. THESE APPLICATION DRAWINGS REPRESENT A COMPILATION OF 5URVEYS FOR PERMIT PERTY OF PURPOSES. THEY ARE NOT CONSTRUCTION DOYLE CONTRACT DOCUMENTS. 6. ADJOINING PROPERTY OWNERS: TOWN OF ~E^r~ EAST WEST r~OLJTHPLL~ "4 ue MARY B. It. susm COVE COTTAGE PANKIEWIGZ COMPANY, LLG O~/~F .LL PL AIV FISHERS ISLAND, NY 425 LEXING BOX 422 C/O RICHARD I FR 06390 NEW YORK, NY GwaHIG SCALE 1400 ' PROJECT. NEW FIXED PIER and FLOAT 400 200 0 400 - LOCATION: F15HER5 151?•ND, TOWN OF sOUTHOLD f SUFFOLK COUNTY. NEW YORK . WATERWAY: PIRATES COVE. WEST HARBOR f - DATE OCTOBER 3,2005 0 0 0 K O e APPLICANT: SUSANNA DOYLE OCT 2 ~ 77 AGENT: DO 0, SHEET 1 IN OF 4 AZ) C. 'N- Keith B. Neilson, PE O O R p 0 Mystic. CT 0635 r 860 572 8939 FAX 860 572 7569 DWG 03-09-1488 EMAIL docko@sner.net 4 1+t Neilsen. D o nrapma 10/25/20051034 PM DOYLE ibw 5 ` -7 P12~.TE~~ GO~/E N -3 WEST HARBCO2 APPROVED BY BOARD OF TRUSTEES ° TCON CAF SOOT OLD • \ FLOAT G~ - i / ~ KCO tom' r x >r Off- V- PIE _ l r ~ F'OOTA3IWT OF RAILWAY - ~ -PROPOSE4+~, Av SdARTINA / DOG ALTERIJIW ORA(lYP) Y~ \ \ PEFF - / - / Y y TOP OF BANK ALO S NO SHORE .T POSSIB~/ - AL\VL y Y ~ f Y ~ / SPARTINA PROPERTY _ F ~royP PATENS (TYP) y x \ I : • x 6 f LLND OF FND'\ ~ .BRUSH,A~~ I _I - ' I AHWL 6 3~. x~ N/F P OF ERTY w 2 ~r s,..s6alr-n.Wi i - lc~ BRUSH \ `4 ' 4 \ PANKEWGZ a SITE HI H TIDE APPARE PROPERTIES BUSH WFI3 WETLAND / PROPEI 9 1 DOYLE r ~ G (TMP~ EXIT 1 G c V GOIV DITIOlV ~ SURVEY by J. DEMPSEY & A55IATF5 GRAPHIC SCALE 1'= 4 WETLANDS FLAGGED by RIGHARD 5NARSKI PROJECT.. 40 20 0 40 NEW FIXED PIER and FLOAT _ LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK WATERWAY: PIRATES COVE, WEST HARBOR DATE OCTOBER 3, 2005 0 C x 0 APPLICANT: SUSANNA DOYLE AGENT. SHEET 2 OF 4 I~OCIGO, INC. ~c ~*v Keith B. Nolwn, PE on P 0 R P mystk, CT 06355 860 572 8939 FAX 860 572 7569 DWG 03-09-1188 Er-AL dockoOsner.ner m Neilsen. Docko Incorparm i 10/25/20051033 PM DOYLE_2dg ~ -s \ -7, F~l ~.~.TES GONE " V~~\ WEE-137 POSSIBLE' \ PARIAN UN $ \ FLOAT \ ~ - - -3 FLOAT / \ - ~RES NTT( ILFf X NEW X 20' FLa Ar PE N~P20 NEW 44-FT WIDE FIXED PER END DECK EL 55' 1 NEW 1~66ER RAILWAY Cll'P) ;i ~pvaznw>, ~ ~ ~ r ~ PIER ~ALTERNIFLORA C YP) TOP OF BANK NEW PIER SUPPORT/ 4 ALONGSHORE PILE (TYP) Y % { ~ALWL « NEW Ra(L~ ~ p ~ y V, Y _ f Y ~ ~f S_ 1 Y f _ ,r Y _ y y y y~y. { {y, ` ,7 ' WFT' ~ y ~ SPAJZi1NA { N/F PROPERTY ea - ° e FOUND PATENS C"YP) { \ I 6 OF MILLER ~ wF9 { N/F PROPERTY1 s~wDUrve wF~2\ y~ \{1 FlaSa nu Y' BEGINN? BRUrsH 6 J 1 HI a PANKIEWIGZ EL as ~ SITE HIGH TIDE ~ App,44ZE' PROPERTIES BUSH WFI3 PROWERTY~: 09~ 1 ~OYLEPG t"~:r RR P QED GOIVL71TIONr~ SURVEY by J.DEMPSEY6. ASSOCIATES WETLANDS FLAGGED by RICHARD 5NARSKI GRALNIG SCALE 1'=40 no a 40 PROJECT: NEW FIXED PIER and FLOAT 20 LOCATON: FISHERS 151 AND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK s , WATERWAY: RRATE5 COVE, WEST HARBOR /f E DATE: OCTOBER 3. 2005 D 0 C K 0 APPLICANT: SUSANNA DOYLE A" AGENT: SHEET 3 OF 4 DOGKO, IIVG_ d'"- 4+ Kekh B. Neilson, PE C p Q,R Mystic, CT 06355 R P 0 R 860 572 8939 FAX 860 572 7569 DWG 03109-14BB r EMAIL docko@enet.ner KNrM1 NeVIUn,D3cb>. afed 10/25/]00510]8 PM PC~ 3Bd y INSTALL NEW POWER NEW RAILS POST OR PILE WITH BALU5TER5 MOUNTED LIGHT BOX WITH RECEPTACLE 11 DECKP) NOTE: DECKING - NOT LIGHT TO SE LOW W DTH CCA TREATED, POWER 25 WATTS 4. NEW PER SUPPORT WOODS MUST BE MAX PILING TOP EL 3' GERT IED BY FOREST ABOVE DECK ('YP) STEWARDSHIP GOUNGIL I NEW PER DECK SUPPORT Q - -AHWL 3.6 - STRINGERS WITH END DECK EL 5.5m WATER AND ELETRIGAL CONDUIT 1 ~ r-ALWL O- OM NEW SPLIT CLAMP QOOM TO CONTAIN WOOD ff CROSS BRACE ICHIP5 FROM GUTTING / (7'yp) TRIMMING OPERATIONS FOR CLEANUP. BOTTOM SEDIMENTS i I ~ , 4 y x' 'SILT SAND ~IVD ~/IEW . GRAPHIC SCALE V= 5 5 4 3 2 1 0 5 30: APARENT HIGH NEW PIER SUPPORT PILING NEW WATER LINE OF AND RAIL 3.5ABOVE SUPPORT noa_ wE n.AND DECK MAX SLOPE i ON 12 POST (TYP) VEGITATION LIMIT 95'x- i MNNTAIN 4 FT MININWJ_ ' DECK HEIGHT ABOVE - \ i+ ENTS N "f1DAL SPARTNAPA;::,\F SEDEMI -%1" 5PARnNA ALTEWVIFLORA(rrP PFZOFIL_1= PER END EL NEW 3'X 20' RAMP NEW 8' X 20' GRAPHIC SCALE V= = 20' 5.5x MAXIMUM SLOPE 3:1 FLOAT - 95'x 20 10 0 20 yc MORE I NEW FLOAT- . RESTRAINT PILE SURVEY by J: DEMP5EY I A550CIATE5 (TYP) WETLANDS FLAGGED by RICHARD SNARSKI PROJECT: NEW FIXED PIER and FLOAT LOCATION: F15HER5 ISLAND, TOWN OF SOUTHOLD SUFFOLK W NEW YORK WATERWAY: PIRATES COVE, OVE, WEST HARBOR DATE OCTOBER 3, 2005 D O C K O, t APPLICANT: SUSANNA DOYLE AGENT: SHEET 4 OF 4 DOGKO, INC. ~C, Keith B. Neilson, PE O $ P 0 R r Mystic, CT 06355 -.v 860 572 8939 FAX 860 572 7569 DWG 0309-1488 EMNL dccko®snet.net I~sM Neilsen. Dario Inrnrparm d 10/25/200510:T/ AM DOYLE 40.My Docko, Inc. P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, e-mail: docko@snet.net 9 1 October 25, 2005 Mr. Michael Vissichelli U. S. Army Corps of Engineers Jacob Javits Federal Center, Room 1937 New York, New York 10278-0090 Re: Susanna Doyle New Fixed Pier & Float Dear Mr. Vissichelli: On behalf of Susanna Doyle we request a Department of the Army Permit for a new fixed pier and float in Pirate's Cove on Fishers Island, New York. We enclose herewith the following in support of this permit application: ? Two prints each of plans titled: Project: "New Fixed Pier & Float" Waterway: Pirate's Cove Location: Fishers Island, Town of Southold Suffolk County, New York Applicant: Susanna Doyle Date: October 3, 2005 ? Two copies of Corps of Engineers and NYS DEC Application Forms, Location Map, Tax Assessor's Map, photographs and NYS DOS Federal Consistency Assessment Form. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, DO KO, IN Keith B. Neilson, P.E. KBN:jm Enclosures CC: Ms Susanna Doyle NYS DEC: Environmental Permits Town of Southold: Krupski File: 03-09-1488 DOYLE APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT TOMB APPROVAL NO. 0710-003 (33 CPR 315) Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintatitng the data needed, and completing and reviewing the collection of information.. Send comments regarding this burden estimate of any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer havingjurisdiclion over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, navigable waters of the United States the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this limn will be used in evaluating this application for a permit. Disclosure: Disclosure of requested information is is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer havingjurisdiction of the proposed activity. An application that is not completed in full will be returned (ITEMS I THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4.DATE APP. COMPLETED ITEMS BELOWTO BEFILLED BYAPPLICANT 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME & TITLE SUSANNA DOYLE DOCKO, INC. KEITH B. NEILSON, P.E. 6. APPLICANTS ADDRESS 9. AGENTS ADDRESS 131 EAST 81ST STREET P. O. BOX 421 NEW YORK, NEW YORK 10028 MYSTIC, CT 06355 7. APPLICANTS PHONE NO'S W/AREA CODE 10. AGENTS PHONE NO'S W/AREA CODE a. Residence (212) 396-9029 a. Residence b. Business b. Business (860) 572-8939 11. STATEMENT OF AUTHORIZATION 1 hereby authorize, DOCKO, INC. to act in my behalf as my agent in the processing of this application and to famish, upon request, supplemental information in support of this pemtil application. 5. t Te..lc 10 9/6t APPLICANTS SIGNATURE DATE'_ SUSANNA DOYLE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (Sea instructions) NEW FIXED PIER & FLOAT 13. NAME OF W ATERBODY, IF KNOW (if applicable) 14. PROJECT STREET ADDRESS (if applicable) INNER BAY (PIRATE'S COVE) FISHERS ISLAND PRIVATE DRIVEWAY OF OF PENINSULA ROAD FISHERS ISLAND, NEW YORK 06390 15. LOCATION OF PROJECT SUFFOLK NY COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (See instructions) LAT. 41e 15' 33" N, LONG. 720 00'16"W THE SITE IS AT THE SOUTH END OF PIRATES COVE. 17. DIRECTIONS TO THE SITE FROM THE FERRY TERMINAL OR AIRPORT, GO EAST ON WHISTLER AVENUE TO EQUESTRIAN AVENUE TO THE VILLAGE CENTER BEAR RIGHT ON ORIENTAL AVENUE APPROXIMATELY ONE MILE TO PENINSULA RD. AND TURN LEFT. LEFT AT 1ST DRIVEWAY ABOUT 100 YDS TO DOYLE'S HOUSE. ENG FORM 4345, Feb. EDITION OF SEP 91 IS OBSOLETE. (Proponem:CECW-OR r 18, Nature of Activity (Description of project, include all features) CONSTRUCT 95 LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER ELEVATED TO CLEAR TIDAL WETLANDS. INSTALL A NEW 3-FT. X 20-FT. HINGED RAMP AND AN 8-FT. X 20-FT. FLOAT ALL AT OR WATERWARD OF THE APPARENT HIGH WATER LINE. THE TOTAL LENGTH OF THE PIER IS APPROXIMATELY 125 FEET. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING. USE BLOCKS 2032 IF DREDGED AND/OR FILL MATERIAL. IS TO BE DISCHARGED 20. Reason (a) for Discharge NIA 21. Type (a) of Material Being Discharged and the Amourri of Each Type in Cubic Yards N/A 22. Surface Area in Acres of Wetlands m Other Waters Filled (see instructions) N/A 23. Is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Watwbody (if more than can be entered here, please attach a supplemental list). WEST: COVE COTTAGE COMPANY, LLC, C/O RICHARD MR i.FR 425 LEXINGTON AVE., NY, NY 10017 EAST: MARY B. & SUSAN PANKIEWICZ, P.O. BOX 422, FISHERS ISLAND, NY 06390 25. List of Otha Certifications or Approvala/Denials Received form other Federal, State or Local Agencies for Walt Described in This Application AGENCY TYPE APPROVAL' IDENT. NUMBER DATE APPLIED DATE APPROVED DATE DENIED NYS DEC Tidal Wetlands Pending Oct-05 Pending Town of and Southold Dock Permit Pending OCt-05 Pending "Would include but is not restricted to zoning, building and flood plain permits. 26. Application is hereby mado for a permit or pants to authorize the work described in this application I certify that the itifornation in this application is complete and accurate. 1 faiths certify that I possess the authority to undertake the work described herein or am sting duly aufh rued agent of the applicars. C S t, t a lo~7s oS 4 5 a SIGNATURE OF APPLCANT DATE SIGNATURE OF AGENT DATE SUSANNA DOYLE KEITH B. NEILSON, P.E., DOCKO, INC. The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent ifthe statement in block I I has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any insurer within the jurisdiction of any department or agency ofthe United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or discuises a material fact or makes any false, fictitious or fraudulent statements or representations or takes or uses my Use writing or document knowing era to contsim any false, fictitious or fraudulent satemmts or entry, shall be fined not trot, than x10,000 or hnprisoned not more than five years or both sU.S.GPO:1994-520478/82018 I Docko, Inc. P.O. Box 421, Mystic, CT 06355 (860) 572-8931 Fax; (86Q~ 7569, e-mail: docko@snet.net Uct b8 t ~VOS NYS DOS Department of Coastal Resources 41 State Street, 8`s Floor Albany, NY 12231 Re: Susanna Doyle, Fishers Island New Fixed Pier & Float To Whom It May Concern: On behalf of our client, we submit the attached Federal Consistency Assessment Form for a new fixed pier and float in Pirate's Cove on Fishers Island, New York. We enclose herewith the following in support of this permit application: •A Two prints each of plans titled: Project: "New Fixed Pier & Float" Waterway: Pirate's Cove Location: Fishers Island, Town of Southold Suffolk County, New York Applicant: Susanna Doyle Date: October 3, 2005 ? Two copies of Corps of Engineers, NYS DEC and Town of Southold Application forms, Location Map, Tax Assessor's Map and NYS DOS Coastal Management Federal Consistency Assessment Forms. I trust that you will find this application package complete and acceptable: please let me know if the need for further information arises. Very truly yours, DO KO, INC.1~ ffn~J' (eith B. Neilson P.E. KBN: jm Enclosures CC: Susanna Doyle NYS DEC: Regulatory Affairs Town of Southold: Krupski File: 03-09-1488 DOYLE r COASTAL MANAGEMENT PROGRAM I Federal Consistency Assessment Form An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP, shall complete this assessment form for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57(. It should be comp0leled at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. A. APPLICANT 1. Name: SUSANNA DOYLE 2. Address: 131 EAST 81sT STREET. NEW YORK. NY 10028 3. Telephone: Area Code (212) 398-9029 B. PROPOSED ACTIVITY Brief description of activity: CONSTRUCT 85 LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER ELEVATED TO CLEAR TIDAL WETLANDS. INSTALL ANEW 3-FOOT X 20-FOOT HINGED RAMP AND AN 8-FT X 20-FT FLOAT ALL AT OR WATERWARD OF THE APPARENT HIGH WATER LINE. Purpose of activity: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING 1. Location of activity: SUFFOLK FISHERS ISLAND. TOWN OF SOUTHOLD OFF OF PENINSULA RD. County City, Town or Village Street or Site Description 2. Type of federal permit / license required: U.S. ACOE. NYS DEC,TOWN OF SOUTHOLD 3. Federal application number, If known: 4. If a state permit / license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: 5. C. COASTAL ASSESSMENT Check either "YES' or "NO" for each of the following questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. YES NO I- Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) X b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12, 20, 28, 35, 44) X c. Revitalization / redevelopment of a deteriorated or undemtilized waterfront site? (1)....... X d. Reduction of existing or potential public access to or along coastal waters? (19, 20) X e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10)... X f. Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) X g. Siting of a facility essential to the generation or transmission of energy? (27)........... _ X h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in coastal waters? (15, 35) X I. Discharge of toxics, hazardous substances or other pollutants into coastal waters?(8,15,35) X j. Draining of slormwater runoff or sewer overflows into coastal waters? (33) _ X k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39). X 1. Adverse effect upon land or water uses within the State's small harbors? (4) X 2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (44) X b. Federally designated flood and / or slate designated erosion hazard area? (11, 12,17) X c. State designated significant fish and / or wildlife habitat? (7) _ X d. State designated significant scenic resource or area? (26) X e. State designated important agricultural lands? (26) X f. Beach, dune or barrier island? (12) X g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ::L h. State, country, or local park? (19, 20) X i. Historic resource listed on the National or State Register of Historic Places? (23).......... X 1 3. Will the proposed activity require any of the following: a. Waterfront site? (2, 21, 22) X _ b. Provision of new public services or Infrastructure in undeveloped or sparsely populated sections of the coastal area? (5) X c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16)....... x_ d. State water quality permit or certification? (30, 38, 40) X a. Stale air quality permit or certification? (41, 43) _x _ 4. Will the proposed activity occur within and/or affect an area covered by a State approved Local waterfront revitalization program? (see policies in local program document) _ Cx D. ADDITIONAL STEPS 1. If all of the questions in Section C are answered 'NO', then the applicant or agency shall complete Section E and Sub the documentation required by Section F. 2. If any of the questions in Section are answered 'YES', then the applicant or agent is advised to consult the CMP, or where appropriate, the local waterfront revitalization program document. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. In the space provided below or on a separate page (s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and (c) state how the activity is consistent with each policy. Following the completion of this written assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F. E. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. 'The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program.' Applicant /Agent's Name: SUSANNA DOYLE Address: 131 EAST 81s' ST NEW YORK. NY 10028 Telephone: Area Code (212) 396-9029 Applicant /Agent's Signature: S,. _ L . ~1 a_ld Date: I *I , A r F. SUBMISSION REQUIREMENTS 1. The applicant or agent shall submit the following documents to the New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, 182 Washington Avenue, Albany, NY 12231. a. Original signed form. b. Copy of the completed federal agency application. c. Other available information which would support the certification of consistency. 2. The applicant or agent shall also submit a copy of this completed forth along with his / her application to the federal agency. 3. If there are any questions regarding the submission of this form, contact the Department of Slate at (518) 474-6000. SEE ATTACHED NARRATIVE 'These slate and local documents are available for inspection at the offices of many federal agencies, Department of Environmental Conservation and Department of State regional offices, and the appropriate regional and county planning agencies. Local program documents are also available for Inspection at the offices of the appropriate local government. -2- FCAF Revised 1216/83 rSUSANNA DOYLE PIRATES COVE / WEST HARBOR, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION OCTOBER, 2005 GENERAL Susanna Doyle owns parcel 1000-10-011-5.8 on Peninsula Road located off the east end of Pirate's Cove on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials and moderately to heavily covered with trees. The frontage of the property is approximately 140 feet along Pirates Cove at the southeasterly end abutted by the Pankiewicz family to the east and Cove Cottage Company, LLC to the west. The waterfront consists of a gently sloping shore leading from wooded bank, through a fringe mrash of spartina patens and altema flora. They Doyle's house is set back approximately 100 feet from the shore It is Ms Doyle's desire to build a new fixed pier and install a new hinged ramp to a float. The new pier will start at the landward end from an elevation of just over five feet, sloping upward and crossing over the intertidal zone at a typical height of four feet above the bottom sediments until reaching an elevation of five feet above mean low water and then level to the end. A hinged ramp will then transition down onto an 8-foot wide by 20-foot long float for recreational boating access. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, related to docks and shorefront improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Department of State. DESCRIPTION OF WORK As mentioned in the introductory paragraph, this project is to construct a fixed wood pile and timber pier and install a float creating boating access for the Doyle's in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this structure will be built utilizing the following general sequence and methodology. ? The marine contractor will arrive by barge with barge-mounted crane and push boats. ? New piles will be driven starting at the new landing end of the pier and proceeding waterward from shore at roughly 10-foot intervals to the current end of the existing pier. These piles will be driven by air hammer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. These piles will be 12-inch nominal diameter measured at three feet from the butt. ? After the piles are installed, split caps (split clamps) consisting of pressure treated Southern Pine timbers ranging from 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely. Stringers will then be secured to the piles and split caps parallel to the length of the pier. In all likelihood, three runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern Pine. ? The outer stringer on each side will be bolted or spiked to the pile to take care of any uplift forces that this pier might be exposed to. ? After the stringers have been connected to the piles and split caps, the decking will be installed in accordance with Town of Southold's Ordinance No. 6, 2004. This decking will be Timber Tech plastic composite material or similar with the brushed side mounted up. The Timber Tech will be either gray, brown or natural in color. Decking will be attached to the stringers utilizing stainless steel flathead square-drive wood screws about 4 inches long and will be set with a 1/8" to gap between members. The decking will rise slightly from the landing elevation until it is at a point four feet above the existing intertidal zone bottom sediments level off briefly for one bent and then slope downward at 1 foot vertically per 10 feet horizontally, or less, paralleling as closely as possible the slope of the existing intertidal zone until reaching an elevation of one foot above high tide. At this point the decking will level off and run straight to the ramp landing. ? The piles will extend above the deck surface and have horizontal rail members mounted and a top rail of Timber Tech material or wood. ? A new hinged ramp will be installed at the dockside end of the pier so as to land on the quarter point of the float. This will be a wood ramp made of pressure-treated framing and posts and Timber Tech decking. ? Water and electricity will be run out on the pier in the space between the stringers to power a trickle charger on the boat during tie-ups. In addition, the water will allow boats to be rinsed off after usage. A power post with an internal light will be mounted to the end of the pier with receptacles to provide power to the boats from extension cords. The power post will also have a coiling arm for storage of the hose between uses. Because the dock may be used during the hours of darkness, low-intensity lights will be mounted on staggered piles or dock rail posts to illuminate the walking surface. This system will be manually controlled so that the lights will only be on when necessary for safety of the users. A low-intensity photocell powered light may be installed on one float restraint pile or pier end support pile for guidance at night. REOUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. 1. Permits applications for the work are being submitted simultaneously to the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. 2. The new piles to be installed will be of sturdy, durable and stable materials; in all likelihood, CCA pressure-treated Southern Yellow Pine piles with new framing and of the same materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with at least one'/I' bolt per connection, and in many cases, two 3/I' bolts per connection. This pier is a fixed, pile-supported timber structure and therefore does not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in Inner Cove (Pirates Cove) / Great Harbor (West Harbor). In addition, it does not present any significant adverse modification of the shoreline. The pier's elevation is such that in extreme high storm-driven flood tides the structure will be flooded. The structure's timber components are standards of the industry, specifically grown for dock construction purposes. With the connections described above, this structure will be able to survive repeated inundations and even incident waves at higher tide elevations. 3. It is respectfully requested that the use of CCA pressure-treated piles and timbers be approved for this project. 4. The pier and float will not be decked with CCA pressure-treated Southern Pine. This pier / walkway provides a safe pedestrian surface for access to the berthed boat. 5. The 15-foot clearance specified in this paragraph should not be an issue because this project has been laid out to make reasonable use of a small cove and reaches adequate water depth yet maintains a clearance of approximately 70 feet to the nearest pier (Cove Cottage Company, LLC). 6. Upon receipt of the permit for this project, appropriate permit numbers will be affixed to the most seaward face of the pier for identification from the water. 7. There are no permanent structures located above the pier decking nor are any planned at this time other than the power post and railing. 8. There is adequate room for a five-foot passage way on the upland to get around this pier and that access ability will be retained landward of the fringe marsh. There is no room to walk under the pier at low tide but that is the area vegetated with spartina where access should not be encouraged. Foot traffic on the shoreline in this area is rare, if at all. • NYS DOS COASTAL MANAGEMENT PROGRAM These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Department of State. The following policies have been identified as pertinent to this application and the reason for consistency associated with this project is outlined in each respective case. Policy 2 -Water Dependent Uses - This project is to construct a fully functional water dependent use of docking facility for recreational boating at this site. Policy5 - Use of Existing Developed Shorefront - The project will be primarily to build a pier to a logical shoreward point of origin, clear of sensitive habitat or tidal wetlands and make it safe and reliably usable in all weather conditions. Policy 7 - Significant Fish & Wildlife Habitat -Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The pier's shore point of beginning will be over vegetated shoreline fringe marsh of spartina patens and alterna flora. The deck will be four feet above bottom sediments over tidal vegetation in accordance with NYS DEC standards. Thus there should be an environmental benefit to the project. Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its minimal configuration consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold. The pier alignment has been laid out north / south as much as possible to allow sunlight to reach the bottom sediments beneath from the east in morning and west in the afternoon. Policy I I - Minimize Damage to Natural Resources - The pier construction project has been laid out in such a way so as to minimize damage to natural resources as identified in Policy 7 above by alignment and elevation. The point of land fall is an existing path. Policy 14 - No Measurable Increase in Flooding - This project consists of construction of an open wood pile and timber pier and in no way adversely affect waterflow and circulation in Pirates Cove or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound and Block Island Sound and this structure will have no adverse influence on it. Policy 15 - No Dredging - Dredging is not required in this project. The existing floating dock system has been laid out to three feet of water in a location and configuration to avoid any dredging requirements. Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone is significantly covered by a tidal wetlands fringe marsh and the sediments (muddy sand) in the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. Thus, public access to the State's lands and waters will not be adversely affected by the project. r Policy 20 - Public Trust Compatibility with Existing Adjoining Properties and Land Uses- Public Trust compatibility with existing adjoining properties and land uses has also been considered in this project. Nearby properties have small docking facilities similar to this one and this docking facility will not interfere with existing or proposed facilities on immediately adjoining properties. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opportunities policies set forth in this section. The dock system will be used for boating and water recreation. Policy 24 -Scenic Resources. Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The construction of the inland section of the structure, the fixed wood pile and timber pier, will not represent any new encroachment or structure which would create a loss of scenic resources. The elevated inboard section will be largely over-shadowed by the tree growth on the site on the nearshore lands. Policy 25 - Enhance Overall Scenic Quality. The new dock structure will be consistent with the scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above. The new pier structure will be consistent with the scenic quality of Pirates Cove. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fringe marsh of spartina alterna flora along the Doyle shorefront is a valuable resource. Compliance with NYS DEC and Town standards including the raised height of the pier should allow the continued health of the spartina fringe marsh beneath the wood pier. SUMMARY This project represents a new fixed pier and float for recreational boating access for the Doyle property on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act and Local Ordinance No. 6, 2004 and its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. Dock o, Inc. ..O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, e-mail: docko@snet.net 9 1 October 25, 2005 NYS DEC Environmental Permits Building 40, SUNY Stony Brook, NY 1 1 790-23 56 Re: Susanna Doyle New Fixed Pier & Float To Whom It May Concern: On behalf of Ms Susanna Doyle we request a Tidal Wetlands Permit including Water Quality Certifications, as necessary, for a new fixed pier and float in Pirate's Cove on Fishers Island, New York. We enclose the following in support of this permit application: ? Four prints each of plans titled: Project: "New Fixed Pier & Float" Waterway: Pirate's Cove Location: Fishers Island, Town of Southold Suffolk County, New York Applicant: Susanna Doyle Date: October 3, 2005 ? Four copies of the NYS DEC Joint Application, including the Short Environmental Assessment Form, Tax Assessor's Map, Photographs and Location Map. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, DO KO INC. Keith B. Neilson, P.E. KBN:jm Enclosures CC: Ms Susanna Doyle US ACOE NYS DOS Town of Southold: Krupski File: 03-09-1488 DOYLE pro JOINT APPLICATION w'~ hX& New York State FOR PERMIT United States Army Corps of Engineers Appiceble to agenlec and permitcategories listed in hem 1. Please rsetl al instructions on back. Adach adiftnal information tie needed. Fease fxba bgibiy ortype. 1. Check permits applied for: 2.NameofApplkant (Ueafulinarre) Telephone Number (daytime) NYS Dept of Hnvirdnmerlmi Conservation SUSANNA DOYLE (212) 396-9029 ? Stream Disturbance (Bed and Banks) Mailing Address ? Navigable Waters (Excavation and Fill) 131 EAST 81 st STREET Docks, Moorings or Platforms Post Office Stab ZIP Code ? (Construct or Place) NEW YORK NY 10028 ? Dams and Impoundment Structures 3. Taxpayer ID (If applicant is not an individual) (Construct Reconstruct or Repair) ? Freshwater Wetlands Tidal Wetlands 4. Applicant Is alon: (check as many as apply) ? Coastal Erosion Control I] Owner ? Operator ?Lessee ?Municipality/ Governmental Agency ? WIIQ Scenic and Recreational Rivers 5. If applicant Is not the owner, identify owner here - otherwise, you may provide Agent/Contact Person information. Q 401 Water Quality Certification Owner or Agent/Contact Person ? Owner 0 Agent /Contact Person T""Phona NYnMr (daytime) ? Potable Water Supply Keith B. Neilson, P.E., Docko, Inc. (860) 572-8939 ? Long Island Wells Mailing Address P. O. Box 421 ? Aquatic Vegetation Control Post Office Shb M0.6 Coda ? Aquatic Insect Control Mystic CT 355 ? Fish Control S. Project! Facility Location (mark location on map, see instruction la.) NYS Office of General Services County: TcwWCtvNiIakie: Tax Mao Sectiorv Block /Lot Number: (Stale Owned Lands Under Water) Suffolk Southold, F.I. 1000 010 11 5.8 ? Lease, License Easement or Location (indudinp Street or Road) I Telephone Number (davbmel other Real Property Interest Private Drivewa off of Peninsula Road (212) 396-9029 Utility Easement (pipelines, condurs. y cables, etc.) Post Office State Zip Code 7. Name of Stream or Watarbody (on or near protect site) ? Docks, Moorings or Platforms Fishers Island NY 06390 Pirates Cove, West Harbor (Construct or Place) 8. Narita of USGS Quell Map: Location Coordinated: Adircmdack Park Agency ? Freshwater Wetlands Permit NEW LONDON CT - RI - NY NYTM-E NYTM-N 4 ? Wild, Scenic and Recreational Rivers 9. Project Description and Purpose: (Category of Activity e.g. new construction/Installation, maintenance or replacement Type of Structure or Activity e.g. bulkhead, dredging, filling, dam, dock, taking of water; Type of Materials and Quantities; Structure and Work Area Dimensions; Need or Purpose Served) Lake George Park Commission CONSTRUCT 95 LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER ? Docks (Construct or Place) PIER ELEVATED TO CLEAR TIDAL WETLANDS. INSTALL ANEW 3-FOOT X 20- Moorings (Establish) FOOT HINGED RAMP AND AN 8-FOOT X 20-FOOT FLOAT ALL AT OR WATERWARD OF THE APPARENT HIGHWATER LINE. THE TOTAL LENGTH OF US ArrryCorps of Engineers THE PIER IS APPROXIMATELY 125 FEET. ? Section 404 (Waters of the United States) Q Section 10 (Rivers and Harbors Act) ? Nationwide Permit (s) Wentify Number(s) For Agenry Use Only: DEC APPLICATION NUMBER US ARMY CORPS OF ENGINEERS 110. Proposed se: 11. W91 Project Occupy 12. Proposed Start 13. Mine Complation 11 © ? ? Stab Land/Q ? Dab: Dab: 11prvate Pudk Commenbl Yea No IMMED. 14. Has Work Begun on Project? (lt yes, attach ? Q 15. List Previous Permit/Application Numbers and Dates: IN Any) explanation of why work ease started without permit) Yee No 16. Will this Project Require Additional Federal, state, or Local Perm9s7 Yea No Ple List: US ACOE, TOWN OF SOUTHOLD 17. If applicant Is not the owner, both must sign the application I hereby affirm that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. Fake statements made herein are punishable as a Cass A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility Wall damage, director indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from sub. actions, damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C., Section 1001 provides for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals, or covers up a material fact; or knowingly males or uses a false, fictitious or fraudulent statement. Date 10 tat oY Signature of Applicant . t a. S ~a~ Title Date t 1 o Signature of Owner I ca. C' 17% fe- Title RESET PROJECT ID NUMB 617.20 SEQR ER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART I -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/ SPONSOR 2. PROJECT NAME SUSANNA DOYLE NEW FIXED PIER AND FLOAT 3.PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK Municipality County 4. PRECISE LOCATION: Street Adds" and Road Intersections, Prominent landmarks etc -or provide map PRIVATE DRIVEWAY OFF OF PENINSULA ROAD 5. IS PROPOSED ACTION : ? New Expansion F~ Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT 95 LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER ELEVATED TO CLEAR TIDAL WETLANDS. INSTALL ANEW 3-FOOT X 20- FOOT HINGED RAMP AND AN 8-FOOT X 20-FOOT FLOAT ALL AT OR WATERWARD OF THE APPARENT HIGHWATER LINE. THE TOTAL LENGTH OF THE PIER IS APPROXIMATELY 125 FEET. 7. AMOUNT OF LAND AFFECTED: Initially 0.1 acres Ultimately 0.1 acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ?]Yes ? No If no, describe briefly: 9.WHAT IS PRESENT LrND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ElIndustrial Commercial ?Agricutture Ej Park / Forest / Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) V/ V Yes El No If yes, list agency name and permit / approval: US ACOE, TOWN OF SOUTHOLD TIDAL WETLANDS AND DOCK PERMIT 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ?Yes FO( F No If yes, list agency name and permit / approval: 12. AS A R SULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name SUSANNA DOYLE Date: / o r Signature s 9~°r If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT To be completed b Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. 0 Yes ? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes E] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answer: may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change In use or intensity of use of land or other natural resources? Explain briefly: I C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: I C6. Longterm, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? If es "plain briefl : Yes 0 No 17, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? II'es ex lain: 0 No PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action onthe environmental characteristics ofthe CFA. Checkthis box if you have identified one or more potentially large orsignificard adverse impacts which MAY occur. Then proceed directtyto the FUL EAF and/or prepare a positive declaration. Check the box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed adio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency to not or Type Nam o Responsible Officer in ea eray Title of Reepomible Oficer Signature o Responsible Officer In ea Agency Signature o reparer (if different reaponsi e o cer S Town Hall 53095 Main Road Albert I Krupski, President P.O. Box 1179 James King., Vice President Southold, New York 11971 Henry Smith Artie Foster Telephone (516) 765-1892 Ken Poliwoda Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only /Received Application: t0(abl(7S i Received Fee: ~ i Completed Application( ~)O(' Incomplete SEQRA Classification: Type I X Type II Unlisted X Coordination: (date sent) CAC Referral Sent: 101 010% ,-Date of Inspection: t l f qm Receipt of CAC Report: Lead Agency Determination: Technical Review: -Public Hearing Held: Ile (7) Resolution: L1? P Li Name of Applicant SUSANNA DOYLE Address 131 EAST 81ST STREET, NEW YORK, NY 10028 Phone Number: (212) 396-9029 Suffolk County Tax Map Number: 1000 - 010-11-5.8 Property Location: PRIVATE DRIVEWAY OFF OF PENINSULA ROAD SOUTHEAST CORNER OF INNER BAY, (PIRATES COME) FISHERS ISLAND) (provide LILCO Pole distance to cross streets, and location) AGENT: DOCKO, INC. (If applicable) Address: P. O. BOX 421, MYSTIC, CT 06355 Phone: (860) 572-8939 Fax: (860) 572-7569 1 • and of Trustees Application GENERAL DATA Land Area (in square feet) 3.2 ACRES Area Zoning: r~ <Ci5 1 C~EIO~~CP Previous use of property: PRIVATE Intended use of property: PRIVATE Prior permits / approvals for site improvements: Agency Date X 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) CONSTRUCT 95 LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER ELEVATED TO CLEAR TIDAL WETLANDS. INSTALL A NEW 3-FOOT X 20-FOOT HINGED RAMP AND AN 6 FOOT X 20 FOOT FLOAT ALL AT OR WATERWARD OF THE APPARENT HIGH WATER LINE. THE TOTAL LENGTH OF THE PIER IS APPROXIMATELY 125 FEET. 2 Board of Trustees Application SHETLAND / TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING. Area of wetlands on lot: 0.2 ACRE square feet Percent coverage of lot: 5 % Closest distance between nearest existing structure and upland edge of wetlands: 100 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling: X No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: REMAINS UNCHANGED Manner in which material will be removed or deposited: 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) : ADVERSE IMPACT ON THE WETLANDS IS ANTICIPATED TO BE MINIMAL. THE PIER IS ELEVATED 4 FEET ABOVE BOTTOM SEDIMENTS IN ACCORDANCE WITH NYS DEC STANDARDS TO MINIMIZE ADVERSE IMPACTS DUE TO SHADING. THE PIER IS SITUATED MORE OR LESS NORTH / SOUTH SO SUNLIGHT CAN REACH UNDERLYING VEGETATION FROM THE EAST IN THE MORNING AND WEST IN THE AFTERNOON. 3 Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: THIS SECTION NOT APPLICABLE Are wetlands present within 75 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, now much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 4 0 MAILING ADDRESS: PLANNING BOARD MEMBERS ~A (0 SQ(/TyO P.O. Box 1179 JERILYN B. WOODHOUSE Southold, NY 11971 Char OFFICE LOCATION: WILLIAM J. CREMERS CA Am. Town Hall Annex KENNETH L. EDWARDS ~O 54375 State Route 25 MARTIN H. SIDOR C ~rtV (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON OUn Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: February 14, 2006 Re: Request for Wetland Permit SCTM# 10-11-5.8 SUSANNA DOYLE requests a Wetland Permit to construct 95 If. of 4' wide fixed wood pile and timber pier elevated to clear tidal wetlands. Install a new 3'X 20' hinged ramp and an 8'X 20' float. The total length of the pier is approx. 125'. Located: Peninsula Rd., Fishers Island. SCTM#10-11-5.8 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP with the following conditions: 1. No treated CCA lumber will be used. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. ~gUFFO(,~~, Albert J. Krupski, President Town Hall James King, Vice-President 53095 Route 25 Artie Foster P.O. Box 1179 03 :w Ken Poliwoda • Southold, New York 11971-0959 Peggy A. Dickerson y~o a0~ Telephone (631) 765-1892 Fax (631) 765-4598wqj BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application Q of _4_4~12L!1f1Q - iR-------------------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) II T I AFFIDAVIT OF POSTING I, hCA Nk_ dsor-, ,residing at - I East m~ bei duly sworn, depose and ay: That on the /o~ay of NOV , 200,5 I personally posted the property known as by laci g the oard of Trustees official poster w ere it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held wed. noi, ! 0 S " cn a) o bout 9'ct m, Dated: (signature) Sworn to before me this Vk,day ofN6V200 tary Public 4,1 NOTICE TO ADJACENT PROPERTY INER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: SUSANNA DOYLE SCTM#1000-011-5.8 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT 95 LF OF 4-FT WIDE FIXED WOOD PILE AND TIMBER PIER ELEVATED TO CLEAR TIDAL WETLANDS, INSTALL A NEW 3-FT. X 20- FT. HINGED RAMP AND AN 8-FT. X 20-FT. FLOAT ALL AT OR WATERWARD OF THE APPARENT HIGH WATER LINE. THE TOTAL LENGTH OF THE PIER IS APPROXIMATELY 125 FEET. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: SOUTH SHORE OF PIRATE'S COVE. 3. That the property 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: SUSANNA DOYLE MAILING ADDRESS: 131 EAST 81 STREET, NEW YORK, NY 10028 PHONE (212) 396-9029 Enc.: Copy of sketch or plan showing proposal for your convenience. 5 • PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS U.S. Postal Service,. U.S. Postal ServiceT. assess Er CERTIFIED MAIL,io RECEIPT s ,LC (DO-estic Mail Only; A o In-surance Coverage Provided) °j o co - - - - m M Postage $ M Postage S 0 UNIT ID: 0355 Certified Fee O. - n, °p ° CertHled Fee ° Ream 111"'e"' Fee H. ° (Endoreemem Repaired) O Ream Redepi F89' ? Pos4nerk ° 1 (Endo eemem Repdif" Here N Restricted mHepaired) LJ',' F O (~aEOrsemWe rteRl qry Clerk: KP6D59 O Total Postage & Fees $ S F ° Taal Postage & Fees 10/25/05 7 ~ ° t o ° sent To ° l t14GZ ° t M t er ve, c f-t.C r r ~rnpso ,.Zl 4 4f ~r r ¢ !r „POm IJO. ~(?:.x N2 340 ~POeo f S_Le1cl foh Vd- - ~ I ork' yvr- l(7O( PS For,, 3800 J.u, 2002 See Reverse for instructions - --Lmw a ~n PS Fount 3800. June 2002 See Reverse for instructions STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, INC. , residing at 14 HOLMES STREET, MYSTIC, CT being duly sworn, deposes and says that on the ay of 2005; 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 there 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 MYSTIC, CT , that said Notices were mailed to each of said persons by (certified) (registered) mail. 'zy Sworn to before me this 2S f Day of 0(-TC)LiEiz 20 05- Notary Publii- 6 Board of Trustees Application County of Suffolk State of New York SUSANNA DOYLE BEING DULY SWORN DEPOSES AND 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 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. Signature J SWORN TO BEFORE ME THIS DAY OF 201 ax~Gu~~.ceuwn NOTARY PUBLIC, stale of New Halt eNrrll W. in Now Rift in Cmft_ m 7 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, SUSANNA DOYLE residing at 131 EAST 81ST STREET, (print owner of property) (mailing address) NEW YORK, NY 10028 do hereby authorize DOCKO, INC., (Agent) MYSTIC, CT to apply for permit(s) from the Southold Board of Town Trustees on my behalf. dL S, -b"- le (Owner's signaturj) 8 Town of Southold . • LWRP CONSISTENCY ASSESSMENT FORM r A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. Aproposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non-supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Pl,~nning Department, all local libraries and the Town Clerk's Office. i B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 010 - 11 - 5.8 PROJECT NAME: New Fixed Pier & Float (Susanna Doyle) The Application has been submitted to (check appropriate response): Town Board _ Planning Board Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) , b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: X Nature and extent of action: Construct 95 LF of 4-foot wide fixed wood pile and timber pier elevated to clear tidal wetlands. Install a new 3-foot x 20-foot hinged ramp and an 8-foot x 20-foot float all at or waterward of the apparent high water line. The total length of the pier is approximately 125 feet. 1 Location of action. Driveway of off Peninsula Be Site acreage: Parcel= 3.2 Acres Present Land use: Residential Present Zoning Classification: Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: a) Name of applicant: Susanna Doyle b) Mailing Address: 131 East 8151 Street New York, New York 10028 c) Telephone number: Area Code (212) 396-9029 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No _ If yes, which state or federal Agency? US ACOE, NYS DEC C. Evaluate the project to the following policies by analyzing how the project will further support of not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes -No _ Not Applicable This dock facility project makes appropriate use of an existing waterfront access dock system and complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will be raised to a 4-foot dock clearance over the bottom sediments until passing the landward limit of the adjacent spartina fringe marsh, then ramp to shore. Piles and rails will be three feet above the deck. There will be no impairment of waterflow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. Yes No X Not Applicable 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes _ No X Not Applicable The proposed structure is reconstruction of an existing pier in place and extending it to shore. The only visual access affected by this project is at the applicant's site which is surrounded by trees. The portion of the facility visible from Cove Cottage Company. LLC's or Pankiewicz's from the east will look substantially the same. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages S through 16 for evaluation criteria. Yes _ No X Not Applicable The pier and float system is located in Inner Bay (Pirates Cove) and is acknowledged to be in a flood- prone area; there is no wave exposure at this site. The pier will be designed to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria. Yes _ No X Not Applicable This project will not have any affect on suitability of or availability of drinking water on Fishers Island. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable 3 This project is consistent with tonolicy because it maintains an acceptable 4-foot height above the bottom sediments and tidal wetlands. In addition, the NYS DEC prepared a study showing that the proposed pressure-treated Southern Pine timber products construction materials are suitable for this type of project in this location, except for decking which will be of untreated woods or composite (or plastic) materials. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No X Not Applicable There are no air duality issues related to this project. No emissions will be generated by the dock facility. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes _ No X Not Applicable There is no solid waste or hazardous substances to be generated from this project. The pressure-treated wood trimmings from the dock construction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No X Not Applicable This project is being built starting on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the NYS DEC. There is virtually no public use of the waterfront in this area and the construction of the pier and landward extension above the apparent high water line are not likely to influence or change this fact. 4 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes No Not Applicable This project is to build a wood pile and timber vier and install a new ramp onto a floating dock for water-dependent, recreational boating. This usage is defined as water-dependent in the LWRP because the pier and float for recreational boating and provide boat transportation access to the mainland. The reconstruction part of the project is to replace a deteriorated structure. The extension to shore is to provide continuity of access while enhancing existing habitat. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable This pier is not used for commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any agricultural or aauaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III - Policies; pages 65 through 68 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY Docko, Inc., Keith B. Neilson, P.E. TITLE Agent DATE October 13, 2005 5 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant Is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert In environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF Is Intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Fu® EAF Components: The full EAF Is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on Identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentlailydarge impact. The form also identifies whether an Impact can be mitigated or reduced. Part 3: If any Impact In Part 2 Is identified as potentially-large, then Part 3 Is used to evaluate whether or not the Impact is actually Important. THIS AREA FOR LEADAG ENCY USE ONLY DETERMINATION OF SIGNIFICANCE Type 1 and Unlisted Actions klentlfy the Portions of EAF completed for this project: ? Part 1 ? Part 2 ?Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each Impact, it is reasonably determined by the lead agency that: ME A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a signiflcant impact on the environment, therefore a negative declaration will be prepared. ? B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.- ? C. The project may result In one or more large and important Impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. 'A Conditioned Negative Declaration is only valid for Unlisted Actions SUSANNA DOYLE - NEW FIXED PIER &c FLOAT Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signaure o Preparer if different from responsible officer website Date Page 1 of 21 i • PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subjectto further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work Is unavailable, so indicate and specify each instance. Name of Action NEW FIXED PIER & FLOAT Location of Action (include Street Address, Municipality and County) PRIVATE DRIVEWAY OFF OF PENINSULA ROAD, FISHERS ISLAND, SUFFOLK COUNTY, NY Name of ApplicenttSponsor SUSANNADOYLE Address 131 EAST 81ST STREET City / PO NEW YORK State NY Zip Code 10028 Business Telephone (212) 396-9029 Name of Owner (if different) Address City / PO State Zip Code Business Telephone Description of Action: CONSTRUCT 95 LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER ELEVATED TO CLEAR TIDAL WETLANDS, INSTALL A NEW 3-FOOT X 20-FOOT HINGED RAMP AND AN 8-FOOT X 20-FOOT FLOAT ALL AT OR WATERW WARD OF THE APPARENT HIGH WATER LINE. THE TOTAL LENGTH OF THE PIER IS APPROXIMATELY 125 FEET. Page 2 of 21 Please Complete Each Question.-Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, bath developed and undeveloped areas. 1. Present Land Use: ? Urban ? Industrial ? Commercial ? Residential (suburban) ? Rural (non-farts) ? Forest ? Agriculture ? Other 2. Total acreage of project area: 0.1 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) I acres 1 acres Forested 2 acres 2 acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0.2 acres 01 acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained 100 % of site ? Moderately well drained _'Yo of site. ?Poorly drained of site b. If any agricultural land is Involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ? Yes 0 No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: ?0-10%_% ?10- 15%_% ? 15% or greater 35 % 6. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? L-J Yes Ma No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ? Yes No 8. What Is the depth of the water table? (In feet) 9. Is site located over a primary, principal, or sole source aquifer? ?Yes El No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ? Yes No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ?Yes E No According to: F I Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ?Yes no No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ?Yes F]No If es, explain: 14. Does the present site include scenic views known to be Important to the community? ?Yes ENo 15. Streams within or contiguous to project area: NONE a. Name of Stream and name of River to which It is tributary THE SITE IS LOCATED IN INNER BAY, LOCALLY KNOWN AS PIRATES COVE. 16. Lakes, ponds, wetland areas within or contiguous to project area: b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? IF Yes ® No a. If YES, does sufficient capacity exist to allow connection? Yes ? No b. If YES, will improvements be necessary to allow connection? Yes Ro 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? OYes no n No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ? Yes 0No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes El No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 12 acres. b. Project acreage to be developed: 0.1 acres initially; 0.1 acres ultimately, c. Project acreage to remain undeveloped: 3.0 acres. d. Length of project, In miles: 150 FT. (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A % f. Number of off-street parting spaces existing 2 ; proposed 2 g. Maximum vehicular trips generated per hour: N/A (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 1 Ultimately I I. Dimensions (in feet) of largest proposed structure: I 1 height; 4 width; 125 length. J. Linear feet of frontage along a public thoroughfare project will occupy is? N/A ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? NONE tons/cubic yards. 3. Will disturbed areas be reclaimed rYes 11 No no N/A a. If yes, for what intended purpose is the site being reclaimed? F b. Will topsoil be stockpiled for reclamation? ?Yes R No c. Will upper subsoil be stockpiled for reclamation? Yes F1 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ? Yes ? No 6. If single phase project: Anticipated period of construction: 3 months, (Including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ? Yes ? No 8. Will blasting occur during construction? ? Yes ? No 9. Number of jobs generated: during construction 3 ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ? Yes ? No If yes, explain: 12. Is surface liquid waste disposal involved? ?Yes ?No a. If yes, Indicate type of waste (sewage, Industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal Involved? ? Yes ? No Type 14. Will surface area of an existing water body Increase or decrease by proposal? ?Yes ?No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ? Yes ? No 16. Will the project generate solid waste? ? Yes E ]No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ? Yes ? No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or Into a sanitary landfill? ?Yes ? No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ?Yes MO No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. WIII project use herbicides or pesticides? ?Yes M No 19. Will project routinely produce odors (more than one hour per day)? ?Yes E No 20. Will project produce operating noise exceeding the local ambient noise levels? El Yes ? No 21. Will project result in an Increase in energy use? ? Yes MM No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project Involve Local, State or federal funding? ? Yes no No If yes, explain: Page 7 of 21 • 0 25. Approvals Required: Type Submittal Date Town of Southold October 2005 City, Town, Village Board ? Yes MM No City, Town, Village Planning Board ? Yes ? No City, Town Zoning Board ? Yes ? No City, County Health Department ? Yes ? No Other Local Agencies ? Yes ? No Other Regional Agencies ? Yes ? No New York State DEC October 2005 Stale Agencies Yes ? No US Army Corps October 2005 Federal Agencies Yes [--]No of Engineers C. Zoning and Planning Information 1. Does proposed action Involve a planning or zoning decision? ?Yes FMINo If Yes, Indicate decision required: ? Zoning amendment ? Zoning variance ? New/revision of master plan ? Subdivision ? Site plan ? Special use permit ? Resource management plan ? Other Page 8 of 21 2. What is the zoning classification(s) of the site? RESIDENTIAL 3. What is the maximum potential development of the site if developed as permitted by the present zoning? RESIDENTIAL 4. What is the proposed zoning of the site? RESIDENTIAL 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 0 Yes n No 7. What are the predominant land use(s) and zoning classifications within a Y4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile? Yes F1 No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 10. WIII proposed action require arryauthorization(s) for the formation of sewer or water districts? No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ?Yes? No a. If yes, is existing capacity sufficient to handle projected demand? ? Yes ? No 12. Will the proposed action result in the generation of traffic significantly above present levels? ? Yes ? No a. If yes, is the existing road network adequate to handle the additional traffic. ?Yes ? No I D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification 1 certify that the information provided above Is true to the best of my knowledge. Applicant/Sponsor Name SUSANNA DOYLE Date 16 q o r Signature 4t" n s S ~o~ Le Title If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 Town of Southold * • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non-suovortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-010-11-5.8 PROJECT NAME: New Fixed Pier & Float (Susanna Doyle) The Application has been submitted to (check appropriate response): Town Board _ Planning Board Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) _ b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: X Nature and extent of action: Construct 95 LF of 4-foot wide fixed wood pile and timber pier elevated to clear tidal wetlands Install a new 3-foot x 20-foot hin eg d ramp and an 8-foot x 20-foot float all at or waterward of the apparent high water line The total length of the pier is approximately 125 feet Site acreage: • Parcel = 3.2 Acres 40 Present Land use: Residential Present Zoning Classification: Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: a) Name of applicant: Susanna Doyle b) Mailing Address: 131 Eat 81" Street New York New York 10028 c) Telephone number: Area Code (212) 396-9029 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No _ If yes, which state or federal Agency? US ACOE NYS DEC C. Evaluate the project to the following policies by analyzing how the project will further support of not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes -No _ Not Applicable This dock facility project makes appropriate use of an existing waterfront access dock system and complies with environmental design factors published by the NYS DEC and the DOS Coastal Management Program. Southold Local Law No. 6. 2004 and the Southold LWRP The pier will be raised to a 4-foot dock clearance over the bottom sediments until passing the landward limit of the adjacent spartina fringe marsh, then ramp to shore. Piles and rails will be three feet above the deck There will be no impairment of watertlow or navigation Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. Yes No X Not Applicable • • WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes No Not Applicable This project is to build a wood pile and timber pier and install a new ramp onto a floating dock for water-dependent, recreational boating. This usage is defined as water-dependent in the LWRP because the pier and float for recreational boating and provide boat transportation access to the mainland. The reconstruction part of the project is to replace a deteriorated structure. The extension to shore is to provide continuity of access while enhancing existing habitat. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable This pier is not used for commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III - Policies; pages 65 through 68 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any energy or mineral mining or processing, operations. PREPARED BY Docko. Inc.. Keith B. Neilson. P.E._ TITLE Agent DATE October 13. 2005 $ Docko, Inc. P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, e-mail: docko@snet.net 9 October 25, 2005 Mr. Albert Krupski, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Susanna Doyle New Fixed Pier - Dear Mr. Krupski: On behalf of Susanna Doyle, we enclose herewith the following in support of his permit application for a new fixed pier and float in Pirate's Cove on Fishers Island. ? Two prints each of plans titled: Project: "New Fixed Pier & Float" Waterway: Pirate's Cove Location: Fishers Island, Town of Southold Suffolk County, New York Applicant: Susanna Doyle Date: October 3, 2005 ? Two copies of the Southold Board of Trustees permit application, U. S. ACOE and DEC applications, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, site photographs and location map. ? Check in the amount of $250 payable to the Town of Southold. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, DOCKO, INC. eith B. Neilson, P.E. KBN: jm Enclosures CC: Mrs. Susanna Doyle US ACOE NYS DEC: Environmental Permits File: 03-09-1488 DOYLE T r yre~'fv`'"!}r.res..',`d`kz'f`F'1't.Nk~i(,~,r~YTMr~ ~'~}aa~M +M~,+, `IN~~~Aw G` } 1 x t .c-z i m- Y a tr1,• a l4. '~a ~it~" e yy 'i p t .1 rte.. ~ ~ t v,~ _ 73'I i ;py Y - nYa ~~nAry~.~Kpp' A 1 ~ ~If~l u r 7777777777777777~ Y~ r:i + 2 i eL + k ~ ~S 3~ r x 1 ~ ~ 3'7:.~i'S ~x.~.. Rs s ~'~R ~S~*~~"~hy+m~1~~ +ti r - : -s1 ~~x6"},~ w"4i"r "~}`t.f ..,xK 1 ~ ;ra ~ .u-a} Ae~i :r~• ° ''r!a ' s ;eMi ~~'rc 'r - rb~ 'Pn. ) n t i ~ s J~6 ~ - ti, vi~b'~: r . R gP~ gOR ' ~ \NN~ NPR J GR~P~ Z 10' / N 1083.47 o EASEMENT FOR INGREES R EGRESS E 1238.39 BY FOOT ONLY RIGHTS FOR A PRIVATE DOCK OR MOORING (LIBER 9455/PAGE 126) M.S. N/F N 7229 E 38. / S~Wg25 W 38.N5 S~oog25 w (FNO.) MARY 6. & SUSAN I.P. PANKIEWICZ (FND.) / J .4 F.I.E.C. I #452 N*~1SJ% ' I I bs I I F#451 X451 Uh~1Q5 N/F GUY I GEORGE CAREY 50 It WP'1~Pq \ \ I MATTHIESSEN 1 i\ / E SOa 1-\Nf \ I I ryytin/ \ ~pc i. F.LU / #450 I.P. I (FNDJ F.LE.C. #334W ^ \70~ BIT. DRIVE CARPORT \ SUBJECT TO RIGHTS FOR "vl I. \ EASEMENT FOR POLE -W POLE\ EXISTING DRIVE TO PROPERTY OF e I IP GEORGE CAREY MATTHItSSE NDTEs (FWD.) IN INGREE k EGRESS 0 (LIBER 8510/PAGE 119) Y FOOT ONLY / 1,) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE 1 (LIBER 8455/PAGE 126) DECK INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE ~ 8\\ PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR"`- 1 y F \ I EXCEEDS THE SCOPE OF THE ENGAGEMENT. ' HOU E 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY m. z PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND / F.I.E.C. \ 0345W SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 1 2 / 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. ~ARCEL LINE 4 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS" I SEPTIC SYSTEM 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1 1000, SECTION 10, BLOCK 11, LOT 5.8. 1 V _ I.P. I.P. 1 6.) TOTAL AREA = 2.32± ACRES. ^I (FND.) 10 , (FND.) S ssros'oo N , 1 I.P. 130.00 (FND.) W 82- 6 0 g 31 I f ~ F.I.E.C. o~ 583W N O V~ N - I.P. 4 $ (FND.) 'o _ u 0 \ w N/F m m 23'x.74' DEC 13 2006 ~'`'j I.P. N 82.0800 E u_ (FND.). 'Q I I"" gmdhold Towu 1 [LBi~FT7 sLa9 J ` o I DAVID G. HANES 1 1 i N/F N7 \ \ 30' EASEMENT FOR INGRESS I FISHERS ISLAND O\Q \ ~30 - EGRESS BY VEHICLE OR OTHERWISE (LIBER 8455/PAGE 126) DEVELOPMENT CORP. 1 SURVEY MAP PROPERTY TO BE CONVEYED TO ~O I o \ \ I I i o \ \ I L.F. BOKER DOYLE ~Op P1c^,~ & SUSANNA S. DOYLE ~P<~Pa rl. s; ,Ci 40 20 D 1 ~C 0 40 GRAPHIC SCALE IN FEET PENINSULA ROAD KALE IN FEET FISHERS ISLAND, NEW YORK No. 0495, O bSFO LAND 5uP REVISIONS VISIONS ` OR/ NT41 AV V L/~ DATE DESCRIPTIC DESCRIPTION ` CERTIFIED TQ j CNANOLER. PALMER de KING P Architecture, Engineerlnp andy ~Surwonq w~ 110 ~1 WAY NO . ar aaa »a-N1 J3W FAR Np-e0hM L.F. BOKER DOYLE SUSANNA S. DOYLE COMMONWEALTH LAND TITLE INSURA TITLE INSURANCE COMPANY TO MY KNOWLEDGE IEF, THIS MAP IS SUBSTANTIALLY CORRECT i_ IN ACCORDANCE WITH THE MINIMUM -HE MINIMUM STANDARDS FOR AS NOTED TITLE SURVEYS OF THE NEW YORK NEW YORK STATE LAND 01/13/01 DATE JANUARY 13 20C JARY 13 2001 ASSOCIATION. RIC R. SE L.S. #49521 DATE SCALE: '1 = 40' = 40' SHEET 1 OF 1 F 1 MATTHIESSEN_TO_DOYLE_PENINSULA_ROAD.DWG\JJM