The URL can be used to link to this page

Home My WebLink AboutTR-6469 . ei James F. King, President Jill 1M. Doherty, Vice~President Peggy A. Dickerson Dave Bergen Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (63!) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTH OLD YOU ARE REQ~IRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRlqR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT l=OR 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 1 sl day of construction % constructed , / L Project complete, compliance inspection. . . TERMS AND CONDITIONS The Permittee, Vincent and Eileen Flaherty, residing at 1775 Inlet Wav, Southold , as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of South old are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation p~rformed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes fuilliability with respect thereto, to the complete exclusion of the Board of Trustees ofthe Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorizatioo was originally obtained. 4. That the wock involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions ofthe originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right ofthe public to pass and repass along the beach betw~en high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen . Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 October 18, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Suffolk Environmental Consulting, Inc. P.O Box 2003 Bridgehampton, NY 11932 RE: VINCENT AND EILEEN FLAHERTY 1775 INLET WAY, SOUTHOLD SCTM# 92-1-8 Dear Mr. Anderson, The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 18, 2006 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. as agent for VINCENT AND EILEEN FLAHERTY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the South old Town Code, the Wetland Ordinance of the Town of Southold, application dated September 18, 2006, 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 October 18, 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, WHEREAS, the proposal complies with the standards set forth in Chapter 275 of the South old Town Code, WHEREAS, the Board has found the proposed construction to be consistent with the policies of the LWRP, and, 2 . . 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 VINCENT AND EILEEN FLAHERTY to replace the existing wood decking off the eastern side of the existing dwelling and southwestern sljlction of the existing garage with a stone paver patio; replace the existing wood decking surrounding the existing swimming pool with a stone paver patio; and construct a retaining wall/pool fence around the perimeter, with the condition of the installation of a drywall for the pool and American Beachgrass be planted to a minimum of a 15' width landward of the bulkhead on the eastern part of the property and be maintained as a non turf and all as depicted on the plans adapted from the survey of subject property, as prepared by Peconic Surveyors, P.C. received by the Board of Trustees on October 30, 2006. 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.) This is not a determination from any other agency. Fees: $50.00 V'~T,"IY~ ,p: 1:r James F. King President, Board of Trustees JFK/hkc . James F. King, Pre~ident Jill M. Doherty, Vice-*resident Peggy A. Dickerson Dave Bergen . Town Hall 53095 Route 25 P.O. Box 1179 Bouthold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTH OLD TO: Sv..ffolt. ~w. ~.\1,,),:me. ~. Vlh~P Etlee!) fl"hert'1 Please be advised that your application dated 911 81 0(., reviewed by this Board at the regular meeting of ~ 1& ( 0 I. following action wa$ taken: , }J', l A f1,..- t l\T'-'-o5 \'l.{ W r\ c\". .; ",ow'"') (k.'1 wc(( f"" I (J..nA 0.. IS / b u{.fetz, ~) Application Ji'.pproved (see below) has been and the ~) Application l!>enied (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 scliledule 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: fw..\ fr"f~C\'>cr-n fee C So TOTAL FEES DUE:! $ GO f". BY: James F. Kir19, President Board of Tru$tees . . Telephone (631) 765-1892 Town Ran 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., October 11, 2006, the following recommendation was made: Moved by Don Wilder, seconded by James Eckert, it was RESOLVED to SUPPORT the Wetland Permit application of VINCENT & EILEEN FLAHERTY to replace the exi~ting wood decking off the eastern side of the existing dwelling and souttiJwestern section of the existing garage with a stone paver patio; replace theexistinlg wood decking surrounding the existing swimming pool with a stone paver patio; and cpnstruct a retaining wall/pool fence around the perimeter. Located: 1775 Inl4t Way, Southold. SCTM#92-1-8 Inspected by: Doni Wilder, James Eckert The CAC Support~ the application provided that the additions to the dwelling are no closer than the pr~sent improvements, the patio is pervious (pavers are not pervious), and there is no turif. Vote of Council: A~es: All Motion Carried . . James F. King, ~sident Jill M. Doherty, VicejPresident i Peggy A. Dickerson Dave Bergen Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time:_1 0/11/01., Suffolk En~ironmental Consulting, Inc. on behalf of VINCENT & EILEEN ' FLAHERTY request a Wetland Permit to replace the existing wood decking off the east~rn side of the existing dwelling and southwestern section of the existing ga~ge with a stone paver patio; replace the existing wood decking surroundin~ the existing swimming pool with a stone paver patio; and construct a retaining wall/pool fence around the perimeter. Located: 1775 Inlet Way, outhold. SCTM#92-1-8 ~e of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound Front ~ Front Distance of proppsed work to edge of above: pm;r;;f Town Co~e proposed work falls under: ~Chap!.97 _Chap!. 37 other Type of Applicahon: ~land _Coastal Erosion _Emergency Amendment _Administrative Info needed: . Dej ~ '" \ __-rn~~.+o I~' ~ Lr- 4.. ~(\- ~AI~LI. 0) /'MV L) Modifications: Conditions: / ,. / / Present Were: '-iKing _~oherty _~ckerson vr:. Bergen_ Other: MailedIFaxed to: Date: CEDAR I,.a 5 . , ;; < - 7 ... >'1' . ,~ ,,.. I I~. . FL}1HERTYProperty Situate: 1775 Inlet Way; Southold, N ew York I SCTM #: 1000 - 092 - 01 - 008 PROPOSED . L !' ",.. :1:"" . CON~TRUCTION ~'":::...'":,.........~ ACCJj:SSROUTE ~. I~ :;f,.~ l~_ ~;J jlf::ti( 1 " , I~..~. /':--"~ ~ Ik~\ ~~':;;~ .' V ~ .\~' ........./~~ , SUBJECT PROPERTY !"'..._.~' .....:....""~\ ~.. 1j '----...r- -..-/ - {,r SEP 1 8 2006 \ , \ 1.21l1d \ . \ \ t\). ~tS1 I /' I'IYfJl.r~.._ -..~ SNOnIJlfE' .- ,., . _ . ====-=..------T HOG NECK BAY . . MAltiNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD MJl;MBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOM<PN JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jim King, President Town of South old Board of Trustees OCT " L; .' From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: October 16, 2006 Re: Proposed Weiland Permit for VINCENT & EILEEN FLAHERTY SCTM#1000-92-1-8 Suffolk Environmental Consulting, Inc. on behalf of VINCENT & EILEEN FLAHERTY request a Weiland Permit to replace the existing wood decking off the eastern side of the existing dwelling and southwestern section of the existing garage with a stone paver patio; replace the existing wood decking surronnding the existing swimming pool with a stone paver patio; and construct a retaining waIVpool fence around the perimeter. Located: 1775 Inlet Way, Southold. SCTM#92-1-8 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Loc.1 Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP 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 L WRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. , . . Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, p.o. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bruce Andel'son, M.S., President Fax: (631) 537-5291 September 27, 2006 Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 f.E:] '1 (\ L' Re: Situate: SCTM#: FLAHERTY Application 1775 Inlet Way; Town of South old, NY lOOO - 092 - 01 - OOS Dear Board Members, Concerning the above referenced application, please find enclosed: (1) Site Map (w I Aerial Photograph) of subject property, provided by SUFFOLK ENVIRONMENTAL CONSULTING, INC., indicating t:h.e existing conditions thereon (seven [7J copies); and (2) Site Map (wi Aerial Photograph) of subject property, provided by SUFFOLK ENVIRONMENTAL CONSULTING, INC., indicating the proposed conditions thereon (seven [7J copies). Please review these items. We hope that these maps will further clarify the proposal in that the resultant conditions will be located further from the edge of the tidal wetlands boundary than what exists there today. In the interim, please schedule this matter for the earliest Town of South old Board of Trustees meeting at your earliest opportunity. Should you have any questions regarding this matter, or require additional information, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, enc. cc: V. & E. Flaherty . . Albert J. Krupski, President John Holzapfel, V ice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Telephone (631) 765-1892 Fax (631) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use only Coastal Erosion Permit Application X Wetland Permit Application Grandfather Permit Application ~ Waiver/Amendment/Changes Received Application:~ - Received Fee: $ d.-"SO r /-Completed APplication-9UI1OOb Incomplete SEQRA Classification: Type I Type II Unlisted SEP " ( - Coordination: (date sent) I ( L .--E:AC Referral Sent: q\t ~1C)b ..-fJate of Inspection:~ Receipt of CAC Report: Lead Agency Determination: Technical Review: ./ Public Hearing Held: 1'0 \ 18)Ob Resolution: i_u...J~p ___ Name of Applicant VINCENT << EILEEN FLAHERTY Address 10 West Street; Apt. 23G; New York, NY 10004 Phone Number( 212 ) 786 - 0890 Suffolk County Tax Map Number: 1000 - 092 - 01 - 008 Property Location:1775 Inlet way;Southold, New York provide LILCO Pole #, distance to cross streets, and location) AGENT: Suffolk Environmental Consulting, Inc. Address: P.O. Box 2003 Bridgehampton, NY 11932 Phone Number: (631) 537-5160 Fax: (631) 537-5291 ~ CJ'~ J-- ".':;:" y.; 0\\ . . Board of Trustees Application GENERAL DATA Land Area(in square feet) 50, 664 square feet Area Zoning: Previous use of property: Residentially improved lot w/appurtenances Intended use of property: Same Prior permits/approvals for site improvements: Agency Date Southold Board of Trustees (Bulkhead Permit - No. 6189) August 24, 2005 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) Applicant proposes to replace the existing wood decking (625 sq. ft. :t) off the eastern side of the existing dwelling and southwestern section of the existing garage with a stone paver patio (625 sq. ft. :t); replace the existing wood decking (1, 025 :t) surrounding the existing swimming pool with a stone paver patio (1, 393 sq. ft. :t); and, construct a retaining wall/pool fence (190 sq. ft. :t long) around the perimeter. 2 . . Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Applicant proposes to replace the existing wood decking (625 sq. ft. :t) off the eastern side of the existing dweIling.and southwestern section of the existing garage with a stone paver patio (625 sq. ft. :t); replilce the existing wood decking (1, 025 :t) surrounding the existing swimming pool with II stone paver patio (1, 393 sq. ft. :t); and, construct a retaining wall/pool fence (190 sq. ft. :t long) around the perimeter. Area of wetlands on lot: 0.0 (MHWM along TIE lines) square feet Percent coverage of lot: 0.0 (MHWM along TIE lines) % Closest distance between edge of wetlands: 0.0 nearest feet existing structure and upland (existing timber jetty) Closest distance between nearest proposed structure and upland edge of wetlands: 38.0 feet (proposed retaining wall/pool fence) Does the project involve excavation or filling: x NO Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed/deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate) No adverse impact to the environment is anticipated due to the project maintaining the e i.tins setbacks that the existing structures maintain, as well as beln c rised of brick pavers (set in sand) to allow for permeability. 3 . . Board of Trustees Application COASTAL EROSION APPLICATION DATA N/A Purpose of Proposed Activity: Are wetlands present within 75 feet of the proposed activity? No Yes If Yes, how 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 the implementation of the project as proposed. (Use attachments if necessary) 4 . . 14-16-4 (9195)-Text 12 PROJECT I.D. NUMBER L____ 617.20 I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART 1- PROJECT INFOR ATION I. APPLICANT/SPONSOR Suffolk Environmental COJ!lsulting, Inc. 3. PROJECT LOCATION: Municipality Sou old Caunty Suffolk 4. PRECISE lOCATION (St address and road intersedions, prominent landmarks, etc. or provide map) 1775 Inlet Way; Southold, New York 5. IS PROPOSED ACTION: IZI New D nsian 6. DESCRIBE PROJECT B IEFL Y: D Modjficatianla~eratian Applicant proposes to replace ~e existing wood decking (626 sq. ft. 1:) off the eastern side of the existing dwelling and southwestern section of the existing garage with a'stone paver patio (6~.5 sq. ft. ::1:); replace the existing wood decking (1, 025 1:) surrowuling the existing swimming pool with a stone paver patio (I, S9S sq. ft. ::1:); and, construct a retaining wall/pool fence (190 sq. ft.:t long) around the perimeter. 7. AMOUNT OF LAND EFFECTED: Initial! < 0.1 acres Ultimate < 0.1 acres 8. WILL PROPOSED ACTI N COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? IZI Yes D No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? IZIResidential Dlndustrial DCammercial OAgricu~ure Describe: DParklFaresllOpen space Daher Private single family dwellings with related appurtenances. 10. DOES ACTION INVOLVE!A PERMIT APPROVAL, OR FUNDING, NOW OR UL T1MATEL Y FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? IZI Yes DNa II yes, list agency(s) and permillapprovals Town of South old Building Department approval II. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes i:EI No II yes, list agency(s) and permillapprovals 12. AS A RESULT OF PRO SED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? D Yes Na I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE . lvans Suffolk Environmental Consultin Inc. Date: SCDtemher 14.2006 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Fonn before proceeding with this assessment OVER 1 . . PART 11- ENVIRONMENTAL A. DOES ACTION EXCEE II yes, coordinate the review Process and use the FULL EAF. o Yes 0 No B. WILL ACTION RECEIVEi COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? II No, a negative declaratiain may be superseded by another involved agency. o Yes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, s~rface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding probtems? Explain briefly: C2. Aesthetic, agricultural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, signfficant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activ~ies likely to be induced by the proposed action? Explain briefly: C6. long teon, short teon, 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 CEA? DYes No D. IS THERE, OR IS THERE' LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes 0 No II yes, explain briefly PART 11I- DETERMINATION 0 SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For eachiadverse effect identified above, determine whether ~ is substantial, large, important, or othenNise significant. Each effect should be a.....jsed in connection ~h ~ (a) setting (i.e. urban or rural); (b) probabil~ of occurring; (c) duration; (d) irreversibil~; (e) geographi~ scope; and (I) magn~ude. II necessary, add attachments or reference supporting materials. Ensure that explanations contain s~nt detail to show that all relevent adverse impacts have been identified and adequately addressed. II question 0 01 Part II was checked yes, 1he datermination and significance must evaluate the potential impact 01 the proposed action on the environmental characteristk$ of the CEA.. ; 9 Check this box if you ha~_ ~entifiecl one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUll EAF and/or~prepare a positive dedaration. o Check this box if you have ~termined, based on the information and analysis above and any supporting documentation, that the proposed action Will NOT resOIt in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determiriJation: Name of Lead Agency Print or Type Name of RespoOsible Officer Title of Responsible Officer Signature of Responsible Officer; in lead Agency Signature of Preparer (if different From responsible officer) 2 . . NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: vincent & Eileen Flaherty SCTM# 1000 - 092 - 01 - 008 YOU ARE HEREBY GIVEN NOTICE: 1. That is the intention of the undersigned to request a Permit from the Board of Trustees to: Applicant proposes to replace the existing wood decking (625 sq. ft. :t) off the eastern side of the existing dwelling and southwestern section of the existing garage with a stone paver patio (625 sq. ft. :t); replace the existing wood decking (1, 025 :t) surrounding the existing swimming pool with a stone paver patio (1, 898 sq. ft. :t); and, construct a retaining wall/pool fence (190 sq. ft. :t long) around the perimeter. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 1775 Inlet Way~ Southold, New York 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: vincent & Eileen Flaherty MAILING ADDRESS: 10 West Street: Apartment 23G: New York. NY 10004 PHONE # : ( 212 ) 786 - 0890 Ene.: Copy of sketch or plan Showing proposal for your convenience. 5 . . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF NEW YORK I, William J. tohn, residing at Suffolk Environmental Consulting, In~.; Newman Village; Main Street; Bridgehampton, NY, being duly sworn deposes and says that on the ==== day of , 20____, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Bridgehampton, that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 20 Notary Public 6 . . Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., Presi<llent October 5, 2006 Mr. James King, President Southold Town Ttustees Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM#: FUHERTYProperty 1775 Inlet Way; Town of Southold, NY 1000 - 092 - 01 - 008 Dear Mr. King, As you know"this Firm represents the owner of the above referenced property, who is seeking approval tram your Board to make improvements thereon. This matter is on the agenda for the regular mej:ting to be held on October 18"',2006. Therefore, in accordance with Town Code, please fmd enclosed herewith for your review: I) original signed and notarized Affidavit of Mailing; 2) copy of the Legal Notice that was mailed to adjacent property owners; 3) original Certified MLliling Receipts and copies of the same. Kindly revie~ the enclosed items. If you have any questions, or require additional information, please don't hesitate to contact me. Thank you as always for your attention and consideration. Sincerely, Enc!. Cc: V. & E. Flaherty OCT L' - , . . James F. King, Prebident Jill M. Doherty, Vice-tresident Peggy A. Dickerton Dave Bergen John Holzapfdl Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSThs: TOWN OF SOUTHOLD -------------------------~------------------------------------- In the Matter of the Application of --vln&M::~t~l"-\U.f\_-~-bd.~---- COUNTY OF SUFF<DLK) STATE OF NEW yqRK) AFFIDAVIT OF POSTING IJS/NJ W ~n ~, residing at SlJFFGLKENVlRONMCNW.GONSIJ1.l1NB,INC. P.O. BOX 2003 BRIDGElYIMPTON,NV 11932 2093 being duly sworn, deJose and say: (I". , That on the ~ -day of OJ,.l.- , 200 C, I personally posted the property known as 'Ft-......., ~ by placing the Board pfTrustees official poster where it can easily be seen, and that I have checked to be sure th~ poster has remained in place for eight days prior to the date of the public hearing. Date ofhearirg noted thereon to be held ~ ~~V' ~(, ~l"Y\" r'\ Q.~ ~~(,~ 30 t'R\. Dated: /0 -ItS -2'~o.-C ~,=)~. ~ Sworn to before me tilis ~ayofa:.r. 200bi d--- , Matthew D. Ivans No,ary Public of New York , No. 011V6053859 Ouplified in Suffolk Counfy Commi~Sion Expires January 22, 2007 . . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: David Kaplan 25 Woodgreen Lane Roslyn Heights. NY 11577 STATE OF NEW YpRK COUNTY OF NEW ~ORK I, Wi11iam J. ohn, residing at Suffo1k Environmenta1 Consu1 tin In.; Newman Vi11a ; Main Str_t; Bri NY, being duly sworn deposes and says that on the ~~ d ~er '2o;E' deponent mailed a true copy of the No ice set forth in t e Board of Trustees Application, directed to each of the ab ve named persons at the addresses set opposite their respectire names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current I assessment roll of the Town of Southold; that said Notices wtre mailed at the Unite States Post Office at Bridgehampton, that said Notices wer a~le 0 each of said persons by (ce tified) (regis 1. I ' Sworn to before me this day of Oc , 20 06 ~ Nota y Public I I I Matthew D. Ivans I Notary Public 01 New York ! No. 011V6053859 i Qualified in Suffolk County C~mmisslon Expires January 22, 200 . . c:l ..lI U'! c:l ~ a- U'! c:l u.s. Postal Service", CERTIFIED MAIL RECEIPT (DomestIc Mall Only; No Insurance Coverage ProvIded) Ul c:l c:l I'- . .. . . R4Ditfl1E5rt t()l17A us Postage $ $0.63 $2.40 0932 .-'I c:l d c:J Return Receipt Fee (Endorsement Required) C] Restricted Delivery Fee D""' (EndoI8ement Required) ", c:l CertIfIed Fee Total_a.... $ V> 0. ~ICE TO ADJACENT . PROPERTY OWNER BOARD OF TRUS EES, TOWN OF SOUTHOLD I In the matter lof applicant: , Vincent & Eil n Flaher SCTM# 1000 - 092 - 01 - 008 YOU ARE HEREB~ I 1. That is the1 from the Boarq GIVEN NOTICE: intention of the undersigned to request a Permit of Trustees to: Applicant proposes to replace the existing wood decking (625 sq. ft. %) off the eastern side ofthe existing dwelling an~ southwestern section of the existing garage with a stone paver patio (625 sq. ft. %); replace t;' existing wood decking (1, 025 %) surrounding the existing swimming pool with a stone paver tio (1, 393 sq. ft. %); and, construct a retaining waWpool fence (190 sq. ft. % long) around the pe eter. 2. That the pJoperty which is the subject of Environmental Review is loc~ted adjacent to your property and is described as follows: ' 1775 Inlet 1fa~; Southold, New York i 3. That the p~oject which is under Chaptersl 32, 37, or 97 comment. You mfy contact the writing. , The above refe~enced proposal is under review of the Board of Trustees of th~ Town of Southold and does not reference any other agency t~at might have to review same proposal. i subject to Environmental Review of the Town Code is open to public Trustees Office at 765-1892 or in OWNERS NAME: Vincent & Eileen Flaherty MAILING ADDRE~S: 10 West Street: Aoartment 23G: New York. NY 10004 PHONE # : ( 21F ) 786 - 0890 Ene.: Copy of bketch or plan showing proposal for your convenience. . County of Suffolk State of New York . Board of Trustees Application :!//V(lf'AI/ "J, FI- M-fE RT Y Ei1een F1ahfrty 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 SOUT~OLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE!TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM A$Y AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF S~ID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATIONi I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONT MY PROPERTY TO INSPECT THE PREMISES IN 'CONJUNCTION WITH IEW OF TH P I ATION. SWORN BEFOR$ ME THIS /ltLc "" Signature /~ ~~ DAY OF 006 Matthew D. Ivans Notary Public of New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 2007 7 . . Town of Southold I 1jWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTION'S I. All applic~nts for permits' including Town of Southold agencies, shall complete this CCAF for proposed ~lctions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessmen~' is intended to supplement other information used by a Town of Southold agency in making a etermination of consistency. *Except minor exempt actions including Building Permits and other inisterial permits not located within the Coastal Erosion Hazard Area. 2. Before an{wering the questions in Section C, the pre parer of this form should review the exempt minor acti n list, policies and explanations of each policy contained in the Town of Southold Local Waterfron Revitalization Program. A proposed action will be evaluated as to its significant beneficial. nd adverse effects upon the coastal area (which includes all of Southold Town). 3. If any que~tion in Section C on this form is answered "yes", then the proposed action may affect the achievemert of the L WRP policy standards and conditions contained in the consistency review law. Thus, the 4ction should be analyzed in more detail and, if necessary, modified prior to making a determinat. on that it is consistent to the maximum extent practicable with the L WRP policy standards nd conditions. If an action cannot be certified as consistent with the L WRP policy standards nd conditions, it shall not be undertaken. A copy o~ the LWRP is available in the following places: online at the Town of Southold's website (southold1own.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries ard the Town Clerk's office. B. DESCRIPTION! OF SITE AND PROPOSED ACTION SCTM# 092 , 01- ...-- 008 S 2006 The Application has be~n submitted to (check appropriate response): " Town Board 0 Plan~ing Dept. 0 Building Dept. 0 Board of Trustees IZI 1. Category of Towp of Southold agency action (check appropriate response): (a) Action u~ertaken directly by Town agency (e.g. capital constructipn, planning activity, agency regulation, land transaction) o o IZI (b) Financial iassistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of actibn: Applicant proposes to teplace the existing wood decking (625 sq. ft. :t) off the eastern side of the existing dwelling and s~uthwestern section of the existing garage with a stone paver patio (625 sq. ft. ::i:); replace the existing iwood decking (1. 025 :t) surrounding the existing swimming pool with a stone paver patio (1, 393 sq. ft. :1:); and, construct a retaining wall/pool fence (190 sq. ft. :I: long) around the perimeter. . . Location of actionl 1775 Inlet Wav: Southold. New York Site acreage: 1.1631 Acres :!: Present land use: Residential Present zoning c1a~sification: 2. If an application f4r the proposed action has been filed with the Town of Southold agency, the following information shall ~e provided: (a) Name of appli~ant: Vincent & Eileen Flahertv (b) Mailing addrek 10 West Street: Apartment 23G New York. NY 10004 (c) Telephone nmpber: Area Code (212) 786 - 0890 (d) Application n~mber, if any: N/A Will the action be ~irectly undertaken, require funding, or approval by a state or federal agency? Yes~ NoD If yes, which state or federal agency? NYSDEC DEVELOPED COAS~ POLICY , , Policy 1. Foster a pattej of development in the Town of Southold that enhances community character, preserves open space, m kes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse elTec . of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. Attach additional sheets if netessary Policy 2. Protect and prJ;erve historic and archaeological resources of the Town of Southold. L WRP Section III - PoliCies Pages 3 through 6 for evaluation criteria DYes D No J:gJ INot Applicable Polic 2 is not a Iicable in that sub.ect lot and the surroundin nei hborhood cannot be deemed a substantial historic and/or archaeolo ical resou ceS.th"".II,d<'''"lm,...,,".. See Attach additional sheets if ne~essary . . Policy 3. Enhance vis L WRP Section III - P I quality and protect scenic resources throughout the Town of South old. Iicies Pages 5 through 7 for evaluation criteria See ~ Yes D No Not Applicable Sub"ect ro osal will not a versel im act the visual uali of the surroundin area in that the ro"ect will be re lacin existin structure that have been situated thereon for man ears and which have not im eded on an visual ualit and/or scenic resources. Therefore this ro osal will com I with Polic 3. \~"'"P"'i"";"""""pl"",.d",k,,;t~.p'"'' Attach additional sheets if n9cessary NATURAL COAST P<f>LICIES Policy 4. Minimize los~ of life, structures, and natural resources from flooding and erosion. Section III - Policies P,ges 8 through 16 for evaluation criteria DYes D No ~ Not Applicable See L WRP licable in that the ro osal is to re lace the existin structures thereon which have et to result in stru tures and natural resources from floodin and erosion. ,",t_",I"",",w",pl,,, Attach additional sheets if n~cessary Policy 5. Protect and i"prove water quality and supply in the Town of Southold. See L WRP Section III . Policies Pages 16 thro~gh 21 for evaluation criteria DYes D No Not Applicable Polic 5 is not a licable in that the ro osal is to re lace the existin structures thereon which bein that we are removin wood and re laci with brick rarel has an effect on water ualit unless I'm missin somethin " Attach additional sheets if ne~essary Policy 6. Protect and rt' store the quality and function of the Town of Southold ecosystems including Significant Coastal Fis and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaIuati n criteria ~ Yes D No Not Applicable Sub"ect ro osal will not a versel im act the uali and function of the Town of Southold ecos stems in that the ro"ect will be re lacin existin structures that have been situated thereon for man ears and which have not resulted in an form of ne tive im acts to the surroundin environment. Therefore this ro osal will com I with Policy 6" Attach additional sheets if ne4essary . . Attach additional sheets if ne~essary Policy 8. Minimize envIronmental degradation in Town of Southold from solid waste and hazardous substances and wastes.ISee L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Not Applicable osal does not involve dis osal and/or trans ortation of solid waste or etroleum roducts. Attach additional sheets if ne~essary PUBLIC COAST POLJCIES Policy 9. Provide for pu~lic access to, and recreational use of, coastal waters, public lands, and public resources of the Town of ~outhold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria Not Applicable Attach additional sheets if ne4essary WORKING COAST PpLICIES Policy 10. Protect SouthJld's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evalnation criteria DYes D No 1:8:11 Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, ete.. .). Attach additional sheets if ne~essary . . Policy 11. Promote susta!inable 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 DYes 0 No ~ iNot Applicable Sub'ect ro osal is not a licable in that the ro osal does not involve an form of marine resource mana ement (i.e. commercial fisheries r creational fisheries a uaculture etc...). Attach additional sheets if ne~essary Policy 12. Protect agricu,turallands in the Town of South old. 62 through 65 for evalua~ion criteria. See LWRP Section 111- Policies; Pages DYes 0 No ~ !Not Applicable Sub'ect ro osal is not a licable in that the ro osal does not involve a riculturallands (i.e. the conversion of farmland the establishment and/or m intenance of new coastal a ricultural roduction etc...) Attach additional sheets if ne~essary Policy 13. Promote appropriate use and development of energy and mineral resources. Section III - Policies; Ijages 65 through 68 for evaluation criteria. See LWRP DYes 0 No ~ INot Applicable Sub'ect ro osal is not a "cable in that the ro osal does not involve the conservation of ener resources on a commercial level and/or th romotion of alternative ener ro er maintenance of fuel stora e facilities and/or the extraction of mineral ex raction Attach additional sheets if ne~essary Created on 1/612006 @;] 1 :40AM . . Suffolk Environmental Consulting, Inc. Newman Village, uite E, 2322 Main Street, p.o. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., Presi~ent September 14, 2p06 Mr. James King~. President Board ofTruste s Town Hall , P.O. Box 11791 So"iliold, NY ~:~. SpTM#: , Dear Mr. King, i This Firm repr~'sents Mr. and Mrs. Flaherty, owners of the above referenced property, who are seekin approval to further improve thereon. Accordingly, approval from your Board is require . Application contents are as follows: (1) Town lof Southold Trustees Wetlands Permit Application; (2) Short ~nvironmental Assessment Form; (.'I) Local r atemont Revitalization Program Application; (4) Locat~n Map for easy reference (two [2J copies); SEP 1 [ l...'.,'v FLAHERTYProperty 1775 Inlet Way; Town of South old, NY 1000 - 092 - 01 - 008 (5) Surve of subject property, prepared by PECONIC SURVEYORS, L.S., indica' ng current conditions thereon, last dated November 22, 2004 (two [ J copies); (6) Site P n of subject property, prepared by CREATIVE ENVIRONMENTAL DESl N, dated August, 2006, indicating the proposed current conditions thereo (two [2J copies); and (6) Check bade payable to the Town of Southold in the amount of $250.00 coveri,g the requisite application fee. By way of this c rrespondence, and on behalf of Mr. and Mrs. Flaherty, I request that you commence eview of this application and schedule for the next available Board of Trustees meetin for permit issuance. Should you have any questions regarding this matter, or requi e additional information, please feel free to contact this office at any time. Thank you as always for your attention and consideration. . . Sincerely, Matt D. Ivans enc. cc: V. & E. Fjraherty - (.. Suffolk Environmental Consulting, Inc. Newman Village, uite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 I (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., PresIdent , September 26, 2OP6 Ms. Lauren Stan~ish Board ofTrostee Town Hall , P.O. Box 1179 'I Southold, NY 11,971 '?72n('~ '- L." ~: . tuate: TM#: I Dear Ms. Standis~, i As per your requtst concerning the above referenced application: (1) Town LfSouthold Trustees Wetlands Permit Application (two [2J additio~al sets); , (2) Short fnvironmental Assessment Form (two [2J additional copies); , (3) Local Waterfront Revitalization Program Application (two [2J additioral copies); (1,) surve~ of subject property, prepared by PECON/C SURFEYORS, L.S., indicat ng current conditions thereon, last dated November 22, 20<J4. (one [J additional copy); and (5) Site P~ of subject property, prepared by CREAT/FE ENPIRONMENT AL DESl N, dated August, 2006, indicating the proposed current conditions thereo (one [IJ additional copy). I Kindly include thf,se items with our initial application of September H, 2006, and schedule this matter for the n xt available Board of Trustees meeting for review. Should you have any questions regard' g this matter, or require additional information, please feel free to contact this office at any ime. Thank you as always for your attention and consideration. , FLAHERTY Application 1775 Inlet Way; Town of Southold, NY 1000 - 0911- 01 - 008 Sincerely, Matt D. Ivans ene. cc: V. & E. Flaherty .-....; , r ~... r PROPOSED IMPROVEMENTS APPP"ovr~ COARD 0,: ' TOWN OF SOU'j; 1'- __, FLAHERTYProperty Situate: 1775 Inlet Way; Town of South old, New York SCTM #: 1000 - 092 - 01 - 008 DATE \\ \ 2.-1 Db OZ" ~ 1302006 -\ ':I: m l1 iil I -... ~"' .. - .~ - ~. ~._.........- .-- rO-v~ " Z ",y.;;. ,..' ..; hov,~ .. ,('/~" 4..- ~ 4. ~ I,j .....<< .,. PROJECT DESCRIPTION: , ~~ io-io:: LOT @ .€V")'! !!!/!? N. 76"/2' . 78" II' -::f ~ . . --- -. ~ lief -- '~. 6';j} ZO^,~ '?"nne o VE "'''e !t LOT @ 50'>/. ,/5. IA :" N. 76";!A e/ 8) t" ~..I f ~'1..31'--. ,. - ~'i?6" II' ~--..::::"'N",... ~ ~ )q,.) '-(~ '. j {~E I ,{~ /,::-~ J ~~ \...' '" ' 186.?t,____.. /~'>' ~ , ) '" o ;/ SHORELINE AS PER FILED MAP 1 / PECONIC I LOT lVOOo' Applicant proposes to replace the existing wood decking (625 sq. ft. :t) off the eastern side of the existing dwelling and southwestern section of the existing garage with a stone paver patio (625 sq. ft. :i:); replace the existing wood decking (1, 025 :i:) surrounding the existing swimming pool with a stone paver patio (1, 393 sq. ft. :i:); and, construct a retaining wall/pool fence (190 sq. ft. :i: long) around the perimeter. \ --. /' LITTLE BA Y PROPOSED CONDITIONS Scale: 1.0" == 50.0' :t Adapted from the survey of subject property, as prepared by PECONIC SURVEYORS, P.C. ------- AREA = l1631 Acres to tie lines l.J \NL~1 . Cl> \j-. :""\0 ")0) , . -Cl> :ill! 0' t-) ) '\ \ 6,Ab,?/ ~\orq\ \ 'j ')')~ i'" a \;'I. 'jl/-, rt? r\ ~~ //: tie II 0 , 0 \::jq ;/ \ ~..~ '- 0 /' ~ -\ :t. m CEDAR DRIVE CO POINT cAST ~ " ;2: ~ ~ :.>- o,j' \u- it.; I NO TE' FLOOD ZONES FROM FIRM 36103COl69 G MA Y 4, 1998 -0- = UNDEVEL OPED COASTAL BARRIER IDENTIFIED 1991 OR LA TER 'i r GL v ". , 2 ~/y fl., ,,0' '" hOU5f? .... I."I/r: 81 4.4-" / ~ ($,3 ?6'lcre- If: 6u/A'h~a.ol- "!ONC! VE Zone -L /.Jl)e ~,' LOT,b;) --~ :~ r 19J; --I ~ >'1 . N. ?6' ~II ') ~t I"./-~ J CCl) ,I,t '". ~l",,?,~) 'f; MAP L----+--c:! '? / PECONIC SA Y ~ .....;,-- '" ~. woovL oLec!- I,j , o !Ii Q)' ....~ :':Qi ~<\I 0.08', 5' VI. , 71'14'5 // S. ___/ \ ~ , .,.- "'- '" ~ .... "- ~~ l;j ""''''oa. '27.(.,. , -_Cl - ..Cl~---........ .(t /;f -7'" 10 co' ~, N ,Aoj . ~ LOT @J LOT -, ---- /' SURVEY OF PROPERTY A T CEDAR BEACH TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000 - 92 - 01- 08 Scale: 1" = 40' Oct. 10, 1997 Jan. 12, /'1~7 (eleVCLlloa~ 'I NOV. 22, 2004 SHORELINE AS PER FILED LITTLE CERTIfE:D TO' EAGLE ABSTRACT CORP. ....._.r. 8 LOT NUMBERS ARE REFERENCED TO "MAP OF CEDAR BEACH PARK' FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK ON DEe 20,1927 AS MAP NO. 90 . ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS f'(R SECTION 7209-SU8D1VISlON 2. ALL CERTIFICA TlONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF SAID WAI' OR COPIeS BEAR THe /JoIPRESSeD SeAL OF THE SURVeYOR WHOSf SKiI/A TURe APPeARS HCRCON. ADDlTIONALL Y TO CO/./PL Y WITH SAID LAW THE TERM 'AL TCRED BY' MUST BE USED BY ANY AND ALL SURVeYORS UTILIZING A COPY OF ANOTHER SURVeYOR'S MAP. TffiMS SUCH AS "INSPeCTED" AND "fJROUGHT-TO-DATC ARE: HOT IN COMPLIANCE WITH THE LAW. 97 - 329