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Home My WebLink AboutTR-6437 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 F~x (631) 765-6641 August19,2009 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services, Inc. P.O. Box 617 Cutchogue, NY 11935-0617 RE: DON JAYAMAHA 243 MALDEN LANE, MATTITUCK SCTM#140-1-8 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., August 19, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit #6437 to construct a 4'X 70' fixed dock with open grating decking a minimum of 3.5' above vegetated grade, a 32'X 20' seasonal aluminum ramp, and a 6'X 20' seasonal floating dock secured by four (4) 8" dia. anchor pilings, and as depicted on the plans prepared by Costello Marine Contracting Corp. dated August 20, 2009. This is not a determination from any other agency. Sincerely, Board of Trustees JFK:lms ,/o. BY OF TRUSTEEeu~ OF SOUTHOLD E',,~,~,- ,~/ ,~? James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 Please be advised that your application dated ~ I,~(~ I 0~ has been reviewed by this Board at the regular me.eting 'of ~1 Iq I.(")~, and your application has been approved pend,ng the comPle{,on of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) __ Final Inspection Fee ($50.00) V/Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Iq&.o-O dLuz TOTAL FEE8 DUE: $. Iq;, O0 BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD July 22, 2009 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935-0617 RE: DON JAYAMAHA 243 MAIDEN LANE, MATTITUCK SCTM#140-1-8 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 22, 2009: RESOLVED, that the Southold Town Board of Trustees grants the last One-Year Extension to Permit #6437, as issued on August 23, 2006. This is not an approval from any other agency. Sincerely, President, Board of Trustees JFK:lms Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council TOwn of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., April 15, 2009, the following recommendation was made: Moved by Doug Hardy, seconded by James Eckert, it was RESOLVED to NOT SUPPORT the application of DON JAYAMAHA to Amend Permit #6437 to increase the length of the fixed open walkway from 55' to 83'. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 Inspected by Peter Young, Doug Hardy, Jack McGreevy The CAC does Not Support the application and recommends a mooring and a small dinghy dock, or use of the marina across the creek. Vote of Council: Ayes: All Motion Carried James F. King. President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold. NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/VVorksession Report Date/Time: DON JAYAMAHA requests an Amendment to Permit #6437 to increase the length of the fixed open walkway from 55' to 83'. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 Type of area to be impacted: __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: Conditions: Present Were: __J.King __d. Doherty __P. Dickerson __ D. Dzenkowski Mark Terry__other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 August 20, 2008 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: DON JAYAMAHA 243 MAIDEN LANE, MATTITUCK SCTM#140-1-8 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., August 20, 2008: RESOLVED, that the Southold Town Board of Trustees grants a One-Year Extension to Permit #6437, as issued on August 23, 2006. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, President, Board of Trustees JFK:lms James F. King, President Jill M. Doherty, Vice-President Peggy A~ Dickerson Dave Bergen Bob Ghosio~ Jr~ P.O. Box 1179 Southold, NY 11971 Telephone (631)765-1892 Fax(631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: DON JAYAMAHA requests an Amendment to Permit #6437 to construct a fixed open walkway 4'X 70' with decking a min. of 3.5' above vegetated grade, hinged ramp 3'X 20', and floating dock 6'X 20', and install two 6" dia. (nominal) piles to secure the floating dock. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 Type of area to be impacted: Saltwater Wetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 __Chap[ 111 other Type of Application: __ Wetland __Administrative__Emergency Coastal Erosion Amendment Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: __&King __J.Doherty__P.Dickerson D. Bergen__ B.Ghosio, ~ D. Dzenkowski Mark Terry__other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- Page/.~f 1 James E. Fitzgerald, Jr. From: James E. Fitzgerald, Jr. [jefitzge@suffolk.lib.ny.us] Sent: Thursday, May 08, 2008 10:07 AM To: greatequity@optonline.net; david@pinksarbeit.com Subject: Maiden Lane Project Attachments: Memo to Trustees 5.7.08.doc It's my intention to send the attached memo individually to each of the Trustees shortly before the 5/21 meeting, along with the aerial photo and the new Plan. Do either of you see anything wrong with that? Jim 5/8/2008 Proper-T Permit Services p.o. Box 617, Cutchogue NY 11935 Phone:631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: May 6, 2008 TO: Jim King Jill Doherty Dave Bergen Peggy Dickerson Bob Ghosio FROM: Jim Fitzgerald SUBJECT: Permit No. 6437 (Jayamaha; SCTM #1000-140-1-8) As you know, we have applied for an amendment to this permit increasing its overall length by 15 feet. The public hearing on the application is scheduled for the May 21, 2008 meeting. I am writing to each of you in the hope that it will afford a better oppommity for the careful study of the overall situation which should result in agreement that the pro- posed amendment will result in a project which is not at variance with the guidelines for permit approval set forth in the Town Code. In particular: The enclosed aerial photo clearly shows that Matt-a-Mar grossly intrudes into the wa- terway in fi.om of the Jayamaha property, and the presence of the structures, even if they are permitted, should not adversely affect your decision on the Jayamaha project. The Trustees can require Matt-a-Mar to comply with current rules. · The issued permit locates the dock exactly as specified by the Trustees, but the water depth at the end of the structure is only slightly more than one foot at low water. · A clearly-defined channel can be seen in the aerial photo, and the proposed amend- ment will allow direct access to it at all tides. The distance from the low water line to the end of the lengthened dock is less than one-third of the distance fi.om the low water line to the intrusive floating docks of Matt-a-Mar, about which we have complained in the past. Trustees -2- May 7, 2008 · Because of the configuration of the creek, it is likely that most of the boat traffic in the area would result from activities associated with the intrusive Matt-a-Mar structures. I've enclosed a new Project Plan, dated May 5, 2008, which is intended to replace the Plan dated March 17, 2008, which contains a typographical error. Thanks for your consideration and careful detailed review. cc: Mr. Jayamaha Mr. Falkner 243 Maiden Lane Mattituck, New York 11952 President Board of Town Trustees Town of Southold" Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize_. B~ ~-~,~oe.. Q-b ~ 4~ h'~ 0 oYr ~0s~\o ~o,~t ~ act in my behalf as my agent in the sul~mission and processing of a permit application for the construction of a dock on my property located at 243 Maiden Lane in Mat- t/rack, and designated by Suffotk County Tax Map No. 1000-140-1-8. Sincerely, :/I/ · TO: DaeApril 13, 2009 Re-sent: August 10, 2009 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Don Jayamaha, SCTM #1000-140-1-8 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Amend existing Trustee Permit No. 6437 to lengthen walkway fi.om 55' to 83', as already approved by NYSDEC. o The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 243 Maiden NY 11952 Lane, Mattituck, o The project, which is subject to Environmental Review under Chapters 96, 111, or 275 of the Town Code, is open to public comment. A public heating will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 6:00 PM on Wednesday, August 19, 2009. If you wish to comment you may call the office (631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 631-298-7297 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. April 13, 2009 Re-sent: August 10, 2009 JAYAMAHA: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-140-1-8 Don Jayamaha 243 Maiden Lane Matfimck, NY 11952 NOTICE SENT 1000-140-1-7 Dennis Kord PO Box 1657 Mattituck, NY 11952 1000-140-1-9 Herbert Swanson Irrevocable Trust 20512 Pointe Regatta Drive Cornelius, NC 28031 1000-140-1-23.1 LI Sound Oyster LLC 781 Mill Road Riverhead, NY 11901 PROPOSED DOCK -1 ' FLOAT 6'x20' THIS LINE IS INTENDED TO BE 8' SEAWARD OF THE S. ALTERNIFLORA. FIXED WAL.KWAY SUPPORTING MEMBERS LANDWARD OF THIS LINE WILL BE 4X4 DI- MENSIONAL LUMBER. SUPPORTING MEM- BERS SEAWARD OF THIS LINE WILL BE 6" d. (NOMINAL) PILES. "HP~PI NOV S. ALTERNIFLORA Tidal M SOUND OYSTER LLC 78t MILL ROAD RIT^ M. PONSIGLIONE . MAIDEN LANE MAT~,ITU CK, NY 11952 ' SCALE: 1 · = 20' PROJ]gCT PLAIN AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Don Jayamaha STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the l0th day of August, 2009, deponent mailed a tree copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the cra'rant assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Rem Receipt Re- quested. ~/~'~/~5/~ j t Sworn to before me this 19th day of August, 2009 BONNt£J. DOROSKI Notary Public, State Of New~ ~ 01D06095328, Suffolk Coun~ · ' ! xoires July ?, 20 II,, AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Don Jayamaha STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 11t~ day of August, 2009, I personally posted the property known as 243 Maiden Lane, Mattituck, by placing the Board of Trustees' official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing, which date is noted thereon to be Wednesday, August 19, 2009 at or about 6:30 PM. Sworn to before me this 19th day of August, 2009 BONNIE J. DOROSKI Notary ?ubfic, State Of New York No. 01D06095328, Suffolk .Cgunty Term Expires 3uly Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 June 29, 2009 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11935 Re: Request for Extension of Permit #6437, Don Jayamaha; SCTM #1000-140-1-8 Dear Sir: It is necessary that we ask for a one-year extension to this permit which is due to expire on 8/23/09. The $50 fee is enclosed. cc: Don Jayamaha David Falkner, Esq. a subsidiary of THE PECONIC EASTERN CORPORATION ,MAY. 20. 2009 :.3: 14PM ~z.,q,.~UTHOLD TOWN ACCOUNTING m,~r ~ ~r~:~,,~' 709 P. ,2,..,.~ ~ Phon~ 631-734-C~00 jmg~.~i:~,l~lk. IBzn~.~.~ F~x: ~31-734-7~63 FAX MEMO TO: ]~m Joysmoba I~OM: Jbn ~2gertld ~;C'1'; A~lLerbmfi~u ;Or D&vld You shoed ~ ~hls ~nd ~c~ ~ u~ th~ Tms~es, P~es attaehed: Oue ¥MAY. 20, 2009: 3: 13PM ss].,e~THO~_D TOWN ACCOUNTING~:~.r ~ ~o~Y NO. 709 -~8-~88~ ~8;1~ FP, QM:P~-T S~]~vIrs~ 8.~1 T~4 74~ ~Q:85~c~ M~le~ L~e M~(t;Auok, NY 11952 2OO9 P' ~ 01 P,B/8 Boani of To~ Town of Sou~ld . Southold, New York 11971 De,~ Siz:. 16th April 2009 Jill Doherty, Vice President, Board of Town Trustees Southold Town Trustee Town Hall Annex Building, 54375 Route 25, PO Box 1179, Southold NY 11971 Subject: Amendment to Permit No. 6437: Don Jayamaha, SCTM#1000-140-1-8 At 243 Maiden Lane, Mattituck, NY 11952 Dock (Overall length from 90' to 108') Back ground information Dear Mrs Doherty, We, Don & Sharmini Jayamaha, residents of 243 Maiden Lane, Mattituck would like to re-appeal our request to extend our dock from the approved 90' to 108' in overall length. We purchased the above listed property from the Reeves family in 2005. Since 1958, this property has always had a dock. Since 1958, this dock was extended in the years 1973 and 1981. The final dock was 94' long (See attached supporting documents). Upon Mr. Thomas Reeves, Jr's death in the late eighties the dock went into des-repair status. Around mid nineties, Mrs. Helen Reeves removed the old dock. In early 2000, the Marina across the creek (nearby our property) went thru changes and a new boat basin was built in ref. southeast side of the Marina (See attached permits and supporting documents). After careful reviewing of permits (Southold Trustees & DEC application), it clearly shows that the last float extension of the Marina (installed with or without proper permits) violates my property rights (1/3~ 1/3 & 1/3 rule). See supporting documents attached. We plead that it is unjust that we have to be penalized for another property owner extending his float almost 2/3 into the creek (See Google map or NYSDEC map). At the 4/22/2009 meeting, we hope that a fair decision will be reached in regards to this matter. Your attention on this matter will be greatly appreciated. Yours Sincerely, Do~ L.~ayamaha Don& Sharmini Jayamaha 243 Maiden Lane, Mattituck, NY 11952 (631)804-8717 1 6 2009 CC: Dave Bergen, Trustee Christopher J. Sullivan, Partner, HERRICK, FEINSTE1N LLP 16th April 2009 Dave Bergen, South01d Town Trustee Town Hall Annex Building, 54375 Route 25, PO Box 1179, Southold NY 11971 Subject: Amendment to Permit No. 6437: Don Jayamaha, SCTM#1000-140-1-8 At 243 Maiden Lane, Mattituck, NY 11952 Dock (Overall length from 90' to 108') Back ground information Dear Mr. Bergen, We, Don & Sharmini Jayamaha, residents of 243 Maiden Lane, Mattituck would like to re-appeal our request to extend our dock from the approved 90' to 108' in overall length. We purchased the above listed property from the Reeves family in 2005. Since 1958, this property has always had a dock. Since 1958, this dock was extended in the years 1973 and 1981. The final dock was 94' long (See attached supporting documents). Upon Mr. Thomas Reeves, Jr's death in the late eighties the dock went into des-repair status. Around mid nineties, Mrs. Helen Reeves removed the old dock. In early 2000, the Marina across the creek (nearby our property) went thru changes and a new boat basin was built in ref. southeast side of the Marina (See attached permits and supporting documents). After careful reviewing of permits (Southold Trustees & DEC application), it clearly shows that the last float extension of the Marina (installed with or without proper permits) violates my propertv rights (1/3~ 1/3 & 1/3 rule). See supporting documents attached. We plead that it is unjust that we have to be penalized for another property owner extending his float almost 2/3 into the creek (See Google map or NYSDEC map). At the 4/22/2009 meeting, we hope that a fair decision will be reached in regards to this matter. Your attention on this matter will be greatly appreciated. Yours Sincerely, Do~ L~. Ja-yamaha Sh~ MD Don & Sharmini Jayamaha 243 Maiden Lane, Mattituck, NY 11952 (631)804-8717 APR 1 6 2009 CC: Jill Doherty, Vice President, Board of Town Trustees Christopher J. Sullivan, Partner, HERRICK, FEINSTEIN LLP 12th April 2009 Peggy A. Dickerson, Southold Town Trustee Town Hall Annex Building, 54375 Route 25, PO Box 1179, Southold NY 11971 Subject: Amendment to Permit No. 6437: Don Jayamaha, SCTM#1000-140-1-8 At 243 Maiden Lane, Mattituck, NY 11952 Dock (Overall length from 90' to 108') Back ground information Dear Mrs. Dickerson, We, Don & Sharmini Jayamaha, residents of 243 Maiden Lane, Mattituck would like to re-appeal our request to extend our dock rights from the approved 90' to 108' in length. We purchased the above listed property from the Reeves family in 2005. Since 1958, this property has always had a dock. Since 1958, this dock was extended in the years 1973 and 1981. The final dock was 94' long (See attached supporting documents). Upon Mr. Thomas Reeves, Jr's death in the late eighties the dock went into des-repair status. Around mid nineties, Mrs. Helen Reeves removed the old dock. In early 2000, the Marina across the creek (nearby my property) went thru changes and a new boat basin was built in ref. southeast side of the Marina (See attached permits and supporting documents). After careful reviewing of permits (Southold Trustees & DEC application), it clearly shows that the last float extension of the Marina (installed with or without proper permits) violates my property rights (1/3~ 1/3 & 1/3 rule). See supporting documents attached. We plead that it is unjust that we have to be penalized for another property owner extending his float almost 2/3 into the creek (See Google map or NYSDEC map). At the 4/22/2009 meeting, we hope that a fair decision will be reached in regards to this matter. Your attention on this matter will be greatly appreciated. Yours Sincerely, Doc/LAy~faha Don & Sharmini Jayamaha 243 Maiden Lane, Mattituck, NY 11952 (631)804-8717 CC: Thomas Wickham, Town Councilman Christopher J. Sullivan, Partner, HERRICK, FEINSTEIN LLP APR-8-2~9 12:04A FROM:PR~PE~iSERUICES ~31 734 7463 ~7656641 P.i/1 I Proper-T Permit Services Phone: 631-734-5800 jefO. ge~suffolk.lib, ny.u~ FAX MEMO DATE: TO: Lauren - Trustees Omce FROM: Jim Fitzgerald SUB. CT: Jayamaha; SC'TM #1000-140=1-8 The project has been "staked" and is ready for the Truste Pagea attached: None P.O. Box 617, Cutchogue NY 11935 Fax: 631-734-7463 4/7/09 ~s' inspection. Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Request for ~endment to Pe~it No. 6437; Don Jaym~a, SCTM hi000-140-1-8 7 Dear Sir: The property owner wishes to amend the referenced permit as follows: The length of the fixed open walkway is increased from 55' to 83'. This change resulted from extensive consultation with the NYSDEC. The discussions with that agency were required to resolve concerns about the insufficient water depth in the docking area of the project as previously approved in the referenced permit by the Trustees. Four copies of the new drawing (Project Plan, Revised January 9, 2009) showing the proposed changes, and stamped as approved by the NYSDEC, are enclosed, as is a check in the amount of $50. Four copies of the NYSDEC-approved Section View (Revised January 9, 2009) are also enclosed. If there are any questions, or if additional information is needed, please call me. cc: Don Jayamaha David Falkner, Esq. Sincerely, ~_~r~/~ a subsidiary of THE PECONIC EASTERN CORPORATION Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 March 19, 2008 (631) 734-5800 6437 Bo3rd of Trus~.ees to amend the referenced permit as follows:. increased from 55' to 70', and the project walkway 4'x 70' with decking a hinged ramp 3'x 20', and floating dock 6'x 20'; e floating dock. o the project as previously submitted. As best can ;, the problem is the water depth at the front of the property has a well-de£med the Trustees does not take advantage of the end of the dock is one-third the intrusive floating docks of Matt-a-Mar in the past. Revised March 17, 2008) showing the proposed of $50. we request 1 permit be extended one year, to then expire on August 23, 2009. A separate check in the amount of $50 is enclosed. If there are any questions, or if additional information is needed, please call me. /~es E. Fitzgeraj~ar. J //' cc: Don Jayamaha David Falkner, Esq. o subsidiary of THE PECONIC EASTERN CORPORATION PURPOSE: Constract fixed open walkway, hinged ramp, and fioat log dock for private recreatimlal DATUM: M~W IN: Maldtuck Creek AT: MatLkuck COdNTY: SuffoLk STATE: New York ~OV ~ ~ 2006 PROJECT PLAN / Ma-btitu/ck Cr~e~ Inter-Tj~lal ~ Inter-Tidal -e- Marsh Marsh ~. Fox IF-OD / / / James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Sauthold, New York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the ( ~'/ ) Application Approved (see below) ( ) 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: 4 S'O ,L O TOTAL FEES DUE: BY: James F. King, President Board of Trustees Proper- T Perrni~ Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 August 4, 2008 President Board of Town Trustees Post Office Box l 179 Southold, New York 11935 Re: Request for Extension of Permit #6437, Don Jayamaha; SCTM #1000-140-1-8 Dear Sir: Please approve a one-year extension to this permit which is due to expire on 8/23/08. Mr. Jayamaha advises that he mailed a check for the $50 fee directly to your office. Sincerely, _~_, a subsidiary of THE PECONIC EASTERN CORPORATION MAY-20-20B8 09:23A FRO~!PER-T SERVICES T0:7656641 P.i~I Proper- T Permit Services ..0. [Box 617, Cut~hogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 FAX IVIF~MO DATE: May 20, 2008 TO: Trustees FROM: Jim Fitzgerald SUBJECT: Don Jayamaha; SCTM #1000-140-1-8 Please postpone the hearing on this application to the June me~ting. Pages attached: None ce: Don Jayamaha Dave Falkner Jeff Vollmuth Proper-T Permi Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 19, 2008 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Request for Amendment to Permit No. 6437 Dear Sir: $outhhoh:l Town Board of Tmst~ The property owner, Don Jayamaha, wishes to amend the referenced permit as follows: The length of the fixed open walkway is increased from 55' to 70', and the project description therefore is: PROJECT DESCRIPTION: Construct fixed open walkway 4'x 70' with decking a minimum of 3.5' above vegetated grade, hinged ramp Yx 20', and floating dock 6'x 20'; install two 6" d. (nominal) piles to secure floating dock. The NYSDEC has expressed an objection to the project as previously submitted. As best can be determined from their usual vague generalizations, the problem is the water depth at the location of the float and any docked boat. The area in front of the property has a well-defined channel and the structure as previously permitted by the Trustees does not take advantage of that. Please note that the distance from the low water line to the end of the dock is one-third of the distance between the low water line and the intrusive floating docks of Matt-a-Mar Marina, about which we have strenuously complained in the past. Four copies of a new drawing (Project Plan, Revised March 17, 2008) showing the proposed changes are enclosed, as is a check in the amount of $50. In addition, we request that the expiration date of the permit be extended one year, to then expire on August 23, 2009. A separate check in the amount of $50 is enclosed. If there are any questions, or if additional information is needed, please call me. Sincerely, cc: Don Jayamaha David Falkner, Esq. a subsidiary of THE PECONIC EASTERN CORPORATION Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 March 26, 2008 (631) 734-5800 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Request for Amendment to Permit No. 6437 Dear Sir: We have been notified by office staff that it will be necessary that we provide notice of this proposed amendment to adjacent property owners, as is required for new applications. We will comply with that request, of course. In addition, office staff asked if we had been issued a permit by NYSDEC. I said that we had not, because of an objection they had to the project. I agreed to provide a copy of the DEC letter in which their objection is stated. A copy of the letter is enclosed. It is my intention to provide to each of the Trustees, individually, information in support of our contention that the proposed amendment is within the guidelines for the issuance of a permit by the Trustees. Sincerely, a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 26, 2008 Presidem Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Jayamaha; Permit No. 6437 Dear Sir: Our request to extend this permit, which expires on August 23, 2008, is withdrawn based upon notice from the Trustee Office that the request should be submitted closer to the expiration date of the existing permit. Our $50 check has been returned. We will resubmit in June, 2008. Si~ncerely, .~5~ ~./~ a subs/diary of THE PECONIC EASTERN CORPORATION PROPOSED FLOAT 6'X 20" FOUR 8" d. (NOMINAL) PILES SECURE FLOAT PROPOSED FIXED OPEN WALKWAY 47 X 83', DECKING A MINIMUM OF 3.5' PROPOSED HINGED / ABOVE VEGETATED GRADE RAMP 3' X 20' ' /I ' .. [ WALKWAY SPACED 8'± o.c. EXCEPT MATERIALS TO BE USED ALL DIMENSIONAL LUMBER, TIMBER, AND PILES ARE CCA-TREATED WOOD· DECKING IS OPEN-GRATE, NON-WOOD. ALL HARDWARE IS GALVANIZED STEEL LESS IN MO~I' SEAWARD BAY THIS LINE IS INTENDED TO BE 8' SEAWARD Of THE S. AL TERNIFLORA. FIXED WALKWAY SUPPORTING MEMBERS LANDWARD OF THIS LINE WILL BE 4X4 DI- MENSIONAL LUMBER. SUPPORTING MEM- BERS SEAWARD OF THIS LINE WILL BE 6" d. (NOMINAL) PILES. SCALE: 1" = 20' ...... ~ 0~ 6F [NGIF~EERS DATA pURPOSE: Construct fi~ed open walkway, hinged ramp, and fioatiug dock for private recreational purposes. DATUM: Iv[LW IN: Mattituck Creek. AT: Mattituck COUNTY: Suffolk STATE: New York SECTION VIEW Application regarding the property of Don Jayamaha, SCTM #1000-140-1-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised January 9, 2009 THIS LINE IS PERPENDICULAR TO THE MAIN CHANNEL DIRECTLY IN FRONT OF THE SUBJECT PARCEL, AND IS INCLUDED TO ASSIST IN DETERMINING THE "VVIDTH OF CREEK" AS PER THE SOUTHOLD TOWN CODE. ' Mattd; ck 'Cree , ....... . -- ~ -- 2.5 (EXTRAPOLATED) ...... L~ .... ~-2__ PROPOSED DOCK · FIXED WALKVVAY 4'x83' WITH OPEN GRATE DECKING · · HINGED RAMP 3'x20' ' · FLOAT 6'x20' -O;q/:. · FOUR 8" d, (NOMINAL) PILES SECURE FLOAT . , / / THIS LINE IS INTENDED TO BE 8' SEAWARD Of THE S. ALTERNIFLORA. FIXED WALKWAY SUPPORTING MEMBERS LANDWARD OF THIS LINE WILL BE 4X4 DI- MENSIONAL LUMBER. SUPPORTING MEM- BERS SEAWARD OF THIS LINE WILL BE 6" d. NOMINAL) PILES. AHW · HHI,4 NOV ..-2OO.5 S. ALTERNIFLORA .. ' -5:8' -.- -- - -:2:4 --:2; - - ' TI~ line · - · · ALW S. ALTERNIFLORA ':~ AHW. Tldc~l HeLIond Bounda~'q.bq · P.,. Fox IF-oS · 1000-140-1-23.1 LI SOUND OYSTER LLC 781 MILL ROAD RIVERHEAD, NY 11901 1000-140-1-8 DON JAYAMAHA 243 MAIDEN LANE MATTITUCK, NY 11952 9hain 1000-140-1-7 RITA M. PONSIGLIONE MALDEN LANE MA'I-~.,ITUCK, NY 11952 STREET ADDRESS OF PROJECT SITE: 243 MAIDEN LANE MATTITUCK, NY 11952 SCALE: 1" = 20' CORPS OF ENGINEERS DATA. PURPOSE: Construct fixed open walkway, hinged ramp, and floating dock for privato recreational purposes. ]DATUM: MLW . IN: Mattituck Creek AT: Mattituck COUNTY: suffolk STATE: Now ~/orlc PROJECT PLAN Application regarding the property of Don Jayamaha, SCTM #1000-140-1-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised January 9, 2009 THIS LINE IS PERPENDICULAR TO THE MAIN CHANNEL DIRECTLY IN FRONT OF THE SUBJECT PARCEL, AND IS INCLUDED TO ASSIST IN DETERMINING THE "WIDTH OF CREEK" AS PER THE SOUTHOLD TOWN CODE. .1' · .. ' -5;.I, ,.-. _ '. / "' -I~7'5- '.~ - - --0:~ .z _.._ _ _ _._ _ _. ...... ,~, ,.';'__ _ _ ""1 ~. · -- -- ~ 2.5 (EXTRAPOLATED) PROPOSED DOCK FIXED WALKVVAY 4'x83' WITH OPEN GRATE DECKING · HINGED RAMP 3'x20' · FLOAT 6'x20' · FOUR 8"d. (NOMINAL) PILES SECURE FLOAT THIS LINE IS INTENDED TO BE 8' SEAWARD OF THE S. ALTERNIFLORA. FIXED WALKWAY SUPPORTING MEMBERS LANDWARD OF THIS LINE WILL BE 4X4 DI- MENSIONAL LUMBER. SUPPORTING MEM- BERS SEAWARD OF THIS LINE WILL BE 6" d. (NOMINAL PILES. · HP'IH NOV ·-2005 S. ALTERNIFLORA TIO Ilno .. ' ' '-2:4 ' '~ S. ALTERNIFLORA '~ Tldol DIo~lond Doundabq.b~ · R,. Fox IFO5 1000-t404-23.1 , LI SOUND OYSTER LLC 781 MILL ROAD RIVERHEAD, NY 11901 Fholn 1000-140-1:8 DON JAYAMAHA 243 MALDEN LANE MATTITUCK, NY 11952 ~PPI~.OVED AS PER TERMJ{ ¢kND CONDITIONS OF, . DATtt 1000~140~1-7 RITA M. PONSIGLIONE MAIDEN LANE MATT, ITUCK, NY 1195;~ STREET ADDRESS OF PROJECT SITE: . 243 MALDEN LANE MATTITUCK, NY 11952 SCALE: 1" = 20' CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, l~in§ed ramp, and floating dock for private recreational purposes. '. DATUM: MLW · IN: Mattituck Creek AT: Mattituck COUNTY: Suffolk STATE: New ~6rk PROJECT PLAN Application regarding thc property of Don Jayamaha, SCTM #1000~ 14-0-1-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 1193~ James E. Fitzgerald, Jr. 631-734-5800 Revised January 9, 2009 AHW Matt,t~k / -- -- "- ........... --~-'? ...... ~ - ~ -i-/-- '~ ~ ~ -- -'- ~ ~ --' -- ~,~ ...... ~ ~ ~ .... ~.._=~--~ ~ ~1.~_.~_ ~ ...... ...... ..... ~ .....~ ..... ~.~ ~ ._~ .............. ~--~ .............. ............ ~-~--~d~ .... ~ ..... · .......... -0:6 / / / / / , PROPOSED DOCK ~, ~ S ALTERNIFLORA ~ '~., ' LI SOUND OYSTER LLC 781 MILL ROAD RIVERHEAD, NY 11901 ./. STREET ADDRESS OF PROJECT S TE · 2' / ~. 43 MAIDEN LANE MATT!TUCK, NY 11952 · RITA M. PONSIGLIONE MAIDEN LANE MATTITUCK, NY 11952 SCALE: 1" = 30' PROJECT PLAN 631 734 746J T0:7656639 P.I~9 Proper-T Permit Services,.o. Box 617, Cutchogue 11935 Phone: 831-734-5800 jefllzge~suffolk.lib.ny.u,, Fax: 63%734-7463 FAX MEMO DATE: TO: Lori Hulse, Esq. - Assistant Town Attor FROM: Jim Fitzgerald SUBJECT: Don Jayamaha, 243 Maiden Lane, Matti SCTM 01000-140-1-8 Mr. Jayamaha asked that I fax the attached copy of DEC you. Pages attached: Eight cc: Mr. Jayamaha (by fax, no attachments) 3/5/09 ey uck ~ermit No. 1-4738-03687/00001 to MAR-5-~009 04:~0P FROM:PROPER-T SERUICES 651 ?~4 9465 TO:?6566G9 P.~9 New Yolk. State Department of Environmental Conservat Div[sion of Environmental Permits SUN¥ @ Stony Brook, 50 Circle Road, Stony Brook, NY Telephone (631) 444-0372 Facsimile (631) 444-0360 January Mr. Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 RE: 1-4738-03687/00001 Dear Permittee: In conformance with the requirements of the S 70, ECL) and its implementing regulations (6NYC! permit. Please carefully read all permit conditions ar permit to ensure compliance during the term of the peJ any conditions, please contact us at the above addres: Also enclosed is a permit sign which is to be c~ and protected from the weather. Sincere] Claire K Envirom CKW/ls Enclosure 11790-3409 Alexander B. Orannie Commissioner ,6, 2009 :ate Uniform Procedures Act (Article ~, Part 621) we are enclosing your d special conditions contained in the mit, Ifyou areunable to complywith ~spicuously posted at the project site Warner nental Analyst NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSEI Fac~.tty DEC ID 1-4738-03687 PERMIT Under the Environmental Conserva! Permit Issued To: DON JAYAMAHA 243 MAIDEN LN MATTITUCK, NY 11952 (631) 804-8717 Permittee and Facility Infor Facility Application Contact: PROPER-T PERMIT SERVICES PO BOX 617 CUTCHOGUE, NY 11935 (516) 734-5800 Facility: JAYAMAH, 243 MAIDE MATTITUC ~ATION on Law (ECL) aation . PROPERTY NI C'r # 1000440-14 NYl1952 Authorized Signature: Permit Administrator: MARK CARRARA, Deputy Regional Pern Address: NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RI STONY BROOK, NY 11790 -3409 By acceptance of this permit, the permittee agrees that the per compliance with the ECL, all applicable regulations, and all o permit. Permit Authorizatiom Tidal Wetlands - Under Article 25 Permit ID 1-4738-03687/00001 New Permit Effective Date: ~ Expiration Date: I NYSDEC Approval att is contingent upon strict ,ndiflons included as part of this ,it Administrator Page 1 of 5 Date / /.~_~./..~.,o? Facility Location: in SOUTHOLD in SUFFOLK COUNTY Vi Facility Principal Reference Point: NYTM-E: 707.111 N~ Latitude: 41°59'40.9" Lo~ Project Location: 243 Maiden Lane - Watercourse - Mattituck Authorized Activity: Construct 4' x 83' Catwalk, 3' x 20' ramp an accordance with the attached plans stamped NYSDEC approved lage: Mattituck tM-N: 454t.087 igitude: 73°32q5.6" eek 16' x 20' float. All work must be in t 1/15/09. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSE] Facility DEC ID 1-4738-03687 PROPER-T PERMIT SERVICES Marine Habitat Protection CLAIRE K WERNER Distribution List Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED Pt NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIOI~ Permits: TIDAL WETL.Z L State Not Liable for Damage The State of New York shall iq injury to the structure or work herein authorized which may be car undertaken by the State for the conservation or improvement of na claim or right to compensation shall accrue from any such damage 2. No Construction Debris in Wetland or Adjacent Area Any construction of this project shall bo completely removed fi.om the ~ an approved upland area for disposal. No debris is permitted in v 3. Use of Treated Wood The use of wood treated with pentaeh~ specifically approved by the department for use in wetlands and/or in the construction of structures that will be in contact with tidal w 4. No Floats, Ramps in Vegetated Tidal Wetlands Floats and r any vegetated tidal wetland, s. Float Installation The fioat shall be installed only at the apprc depth of 2¼ feet, measured at apparant low tide. 6. No Dredging or Excavation No dredging, excavating or other areas is authorized by this permit, nor shall issuance of this permit Department will issue a permit for such activities in the future. 7. No Permanent Structures on Dock No permanent structures dock/catwalk/float without first obtaining written Department appr, amendmenO. VATION ?dY[ITS Apply to the Following qDS no case be liable for any damage or sed by or result frOm future operations ~igation, or for other purposes, and no debris or excess material from djacent area (upland) and removed to :tlands and/or protected buffer areas. rophenol or other wood treatment not marine waters, is strictly prohibited ~ters, maps may not rest on or be stored in red location with a minimum water alteration of shoreline or underwater )e construed to suggest that the hall be installed on ~val (permit, modification, or Page 2 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSE] Facility DEC ID 1-4738-03687 S. Docks at Property Lines Docks/catwalks/floats must not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over adjac~ c. interfere with navigation, or d. interfere with other landowners riparian rights. 9. Notice of Commencement At least 48 hours prior to comma and contractor shall sign and return the top portion of the enclosel are fully aware of and understand all terms and conditions of this of project, the bottom portion of the form must also be signed and the completed work. 10. Conformance With Plans All activities authorized by this ~ with the approved plans submitted by the applicant or applicant's Such approved plans were prepared by Proper-T Permit Services 11. State May Order Removal or Alteration of Work If futurl require an alteration in the position of the structure or work herei~ Department of Environmental Conservation it shall cause unreaso of said waters or flood flows or endanger the health, safety or wel: loss or destruction of the natural resources of the State, the owner remove or alt~r the structural work, obstructions, or hazards cause and if, upon the expiration or revocation of this permit, the struct~ modification of the watercourse hereby authorized shall not be col expense to the State, and to such extent and in such time and map~ Environmental Conservation may require, r~nove all or any porti; and restore to its former condition the navigable and flood capacit be made against the State of New York on account of any such ret ti, Precautions Against Contamination of Waters All necess.' preclude contamination of any wetland or waterway by suspended lubricants, epoxy coatings, paints, concrete, leachate or any other ~ associated with the project. 13. State May Require Site Restoration If upon the expiration, project hereby authorized has not been completed, the applicant sE to such extent and in such time and manner as the Department oft require, remove all or any portion of the uncompleted structure or condition. No claim shall be made against the State of New York alteration. YATION ~tpropertyline, :~nent of the project, the permittee notification form certifying that they armit. Within 30 days of completion returned, along with photographs of :rmit must be in strict conformance [gent as part of the permit application. sst revised 1/9/09. operations by the State of New York authorized, or if, in the opinion of the ~able obstruction to the free navigation hrc of thc people of thc State, or cause may be ordered by the Department to t thereby without expense to the State, re, fill, excavation, or other apleted, the owners, shall, without ter as the Department of ,n of the uncompleted structure or fill / of the watercourse. No claim shall reval or alteration. ry precautions shall be taken to solids, sediments, fuels, solvents, :nvironmentally deleterious materials Dr revocation of this permit, the all, without expense to the State, and .nvironmental Conservation may 511 and restore the site to its former m account of any such removal or Page 3 of 5 MAR-5-2009 04:22P FROM:PROPER-T SERVICES 631 734 ?463 NEW ¥01~ STATE DEPARTMENT GENERAL CONDITIONS - Apply to AL1 1. Facility Inspection by The Department The permitted site c subject to inspection at reasonable hours and intervals by an authc of Environmental Conservation (the Department) to determine wl~ this permit and the ECL. Such representative may order the work and SAPA 401(3). The permittee shall provide a person to accompany the Departme~ to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings an, for inspection by the Department at all times at the project site or the permit upon request by a Department representative is a violat 2, Relationship of this Permit to Other Department Orders m provided for by the Depadment, issuance of this permit does not r or determination previously issued by the Department or any of th contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Trans separate written application to the Department for permit renewal permit. Such application must include any forms or supplements Any renewal, modification or transfer granted by the Depax~ent applications for permit renewal, modification or transfer are to be Regional Permit Administrator NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOI~50 CIRCLE RD STONY BROOK, NY11790 '3409 4. Submission of Renewal Application The permittee must sub days before permit expiration for the following permit authorizati 5. Permit Modifications, Suspensions and Revocations by the reserves the fight to modify, suspend or revoke this permit. The g revocation include: a. materially false or inaccurate statements in the permit appl: b. failure by the permittee to comply with any terms or tend c, exceeding the scope of the project as described in the pen d. newly discovered material information or a material chang, technology or applicable law or regulations since the issua T0:7656639 VATION Authorized Permits: facility, including relevant records, is ized representative of the Department ;ther the permittee is complying with mspended pursuant to ECL 71- 0301 :'s representative during an inspection special conditions, must be available icility. Failure to produce a copy of ,n of this permit. I Determinations Unless expressly edify, supersede or rescind any order terms, ,conditions or requirements ers Thc pcrmittee must submit a modification or transfer of this information the Department requires. nust be in writing. Submission of mbmitted to: mit a renewal application at least 30 )ns: Tidal Wetlands. Department The Depa~hnant ounds for modification, suspension or cation or supporting papers; ons of the permit; t application; : ~n environmental conditions, relevant ce of the existing permit; Page 4 of 5 P.6/9 M~R-~-~00~ 04:~P FROM:PROPER-T SERUICES 6~1 ?~4 746~ TO:?6~66Gg NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSEI Facility DEC ID 1-473843687 e. noncompliance with previously issued permit conditions, provisions of the Environmental Conservation Law or reg~ the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically another permit condition. Applications for permit transfer should ownership. NOTIFICATION OF OTHER PERMITT gE'OBLIGATIONS Item B: PermRtee's Contractors to Comply with Permit The pemfittee is responsible for informing its independent contrac their responsibility to comply with this permit, including all specie permittee's agent with respect to the permitted activities, and such sanctions for violations of the Environmental Conservation Law 0~ Item C: Permittee Responsible for Obtaining Other Required Tho permittee is responsible for obtaining any other permits, appr¢ way that may be required to carry out the activities that are authori Item D: No Right to Trespass or Interfere with Riparian Righ! This .permit does not convey to the permittee any right to trespass riparian rights of others in order to perform the permitted work any rights, title, or interest in real or personal property held or vest, permit. VATION rders of the commissioner, any lations of the Department related to orohibited by statute, regulation or be submitted prior to actual transfer of Indemnification t to indemnify and hold harmless thc ork, its representatives, employees, he extent attributable to the dertaking of activities in connection orized by the permit whether in ~ep~smit. This indemnification does tributable to DEC's own negligent or aing the DEC and arising under :itizen suit or civil rights provision :ors, employees, agents and assigns of I conditions while acting as the ~ersons shall be subject to the same those prescribed for the permitte¢, ?ermits vals, lands, easements and rights-of- :ed by this permit. pon the lands or interfere with the does it authorize the impairment of 'A in a person not a party to the Page 5 of 5 Item A: Permittee Accepts Legal Responsibility and Agrees to The permittee, excepting state or federal agancies, expressly agr~ Department of Environmental Conservation of the State of New and agents ("DEC") for all claims, suits, actions, and damaSeS, to' permittee's acts or omissions in connection with the permittee's ur with, or operation and maintenance of, the facility or facilities anti compliance or not in compliance with the terms and conditions of not extend to any claims, suits, actions, or damages to the extent intentional acts or omissions, or to any claims, suits, or actions nm A~icle 78 of the New York Civil Practice Laws and Rules or any under federal or state laws, MAR-5-~009 04:~P FROM:PROPER-T SERUICES ~l ?~4 746~ T0:?~56~9 P.8~9 PROPOSED FLOAT 6' X 20' ) PROPOSED HINGED FOUR 8' d. (NOMINAL) RAMP 3' X 20' PILES 8ECUR~ ~ . ~ ALL DIMENSIONAL LUMBEI~ TIMBER, AND PILES ARE CCA-TREATEO WOOD. DECKING IS OPEN,RATE, NON-WOOD. ALL HARDWARE IS GALVANIZED STEEL. PROPOSED FIXED OPI 4; x ~', DEC~.G ^ ' /i~°ww°~^T~ PILE8 .. I WALKWA~ ' · . TI'IlS .... MEN~ · . BERS ~(NOM ~PRO~FD AS PER A~D ~D[~ OF CORPS O2F ENGINEERS DATA PURPOSE: Con~/nlct ~lxed open wail/way, hinged ramp, a=d floating dock for private rec~ltional DATUM: MLW COUNTY: Suffolk STATE: New York =1 ~ WALKWAY 41MUM OF 3.§' GRADE THROUGHOUT ;PACED 8'* o.~ EXCEPT 4. MO~.F SEAWARD BAY ,INE IS INTENDED TO BE 8' SEAWARD ~E S. AL TERNIFLORA. WALK, NAY SUPPORTING MEMBERS NARD OF THIS LINE WILL BE 4X4 DI- IONAL LUMBER. SUPPORTING MEM- SEAWARD OF THIS LINE WILL BE 6' d. NAL) PILES. SCALE; 1"= 20' SECTION VIEW Application regarding the property of Don Jayamaha, SCTM #1000-140-1-8 Represented by PROPER-T PERMIT SERVICES, P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised January 9, 2009 MAR-5-2009 O4:2~P FROM:PROPER-T SERUICES 651 734 ?465 .... ___-F~j~_~.,..___._._i___.- :~ * * AH~ · I-Il'tM NOV LI 6OUND OYBTER LLC ' 761 MILL RO~*O RIVERHE~D, NY 11901 .. MATriTUCK, NY 11852 243 MAIDEN LANE ,4 TO: 76566~9 P. 9/9 RiTA M, PONSIGUONE MAIDEN LANE · . Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 March 25, 2009 (631) 734-5800 President Southold Board of To~vn Trustees Post Office Box 1179 Southold, New York 11971 Re: Request for Amendment to Permit No. 6437; Don Jayamaha. SCTM #1000-140-1-8 Dear Sir: The property owner wishes to amend the referenced permit as follows:[ c~ ~ '~'"~\ --[ The length of the fixed open walk~vay is increased from 55 to 83'. ] cl O ~ \ 0 ~ ~_~ This change resulted from extensive consultation with the NYSDEC. The discussions with that ~ ~...,> .~ _ agency were required to resolve concerns about the insufficient water depth in the docking area of ~/~'/ the project as previously approved in the referenced permit by the Trustees. Four copies of the new drawing (Project Plan, Revised January 9, 2009) showing the proposed changes, and stamped as approved by the NYSDEC, are. enclosed, as is a check in the amount of $50. Four copies of the NYSDEC-approved Section View (Revised January 9, 2009) are also enclosed. If there are any questions, or if additional information is needed, please call me. David Falkner, Esq. Sincerely, /~ames E. Fitzger. xa~j a subsidiary of New York State Departm of Environmental Conservo.~,n Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us AlexanderB Grannis Commissioner November 21, 2008 Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 Application #1-4738-03687/00001 Jayamaha PropcrU~, Maiden Lane, Mattkuck Dear Mr..iayamaha: Tine Department of Environmental Conservation (DEC) has completed a review of your application for a Tidal Wet]ands permit to construct a dock, ramp and a float, and we bave the following comments. As per our telephone conversation earlier this week, technical staff indicate the dock must extended further seaward and the float must be rearranged to [Se perpendicular to the dock (paralie] to the shore). This will enable the dock and float to reach acceptable water depths and avoid adverse impacts to the tidal wetlands, while still minimizing navigational impacts. The dock must be extended so that thcrc is a minimum of 2.5' ofwater at apparent Ioxx water on the landward side of the float. See the enclosed marked up the survey by Robmx Fox (in pink) wNcb shows the acceptable dock configuration. Thc seaward side of the float will be located 50' from the low xvater line. In addition, the deck of the dock must be constructed with open-grate material to minimize shading over the marsh and benthic habitat. Please revise the project as descYibed above and submit 4 copies of revised plans to my attention Please do not hesitate to contact mc at (631'} 444-0372 if you have any questions. S incerels,, Claire Wemer Environmental Analyst cc: Proper-T Pennil Se~,ices file TOWN OF $OUTHOLD I~OPi 'STRE~r ~/~5 VI LLAGE SEAS. VL. LAND IMP. TOTAL NEW NOP~MAL Farm Acre FARM ICOMM. I IF DATE REMARKS BELOW ABOVE FRONT/ Value Per Acre Value FRONT/ 'illablb 1 BULKH! illable 2 .-D~X~K - itlable. 3 /oodland ~ampland 'ushland ousePIot ~tal . TOWN OF SOUTHOLD p~rsumnt to ~he ~rovisions of Chapter 61~ of the ~he resole%ion .of tho B~rd of T~stees of 2h~ ~o~ .of 1~ ~y Of ~he ~ted St~es, paid ~ 'Th~$ O~ TrUst~s off. ~he ~own of 8a~hold, S~folk Co~ya N~ York, h~r~by ~ho~i~es s~ 'pe~t~ ~aid .Thews B, aeeve~ ~orere=~ ~ d~uk and ~oat on hi~ proper~y on ~ti%~k Creek with the a~r~ememt tha~ he ,ttach th~ ~o~t ~o ~ho end of the dock al ~amp eo~eeti~ the fl~t ~o the dock, o~herwise mcco~di~ tO ~h~ p~ns/~th ~he application. . ~e ·said Tho~ B. Reeve~ as ~art of the consider- s~ion fo~ the issuance' of ~hig permi~ doee hereby release the s~id ~a.~d of Trustees a~ the Town of Southold f~o~ a~ and a~! da~ge~, ~laims for da~ges or suits tha~ may a~ise or d~reotly .or ~directly as a resUlg of a~ operation carried on ~er and pursuant go this pe~ig~ a~ will at his o~ a~ a resul~ of any o~eration carriedon pursuant to or inaecord~ ante with ~he terms of this 'permit~ and assume full liability W~th respee~ thereto ~o ~he complete exclusion of the said B~rd THIS 'PERmiT is .sub.Jec~ to the following eemditEens: Tha2 %hers shsll be mo ~n_~easonable i~terferemc, e with navigation as a 'result of the work herein an~horiEed. te pa.~s 'amd.. m~ass"~long that pert!on~f tke be.aehbe~ween low a~d'hi, gh watermark. That ~he.work~'shall be subJe~ to the s~ervisor and appreval ef ~he.sa:id Beard ef Trustees or its agents. IN ~IT~8 ~OF, ~he said ~ard of Trustees of the:.Tewn ef Seuthel.d has caused its corporate seal to ~e here- affixed .and these presents to be' subscribed By a ~aJerity of ~he said B~ard .f Trustees~ the day amd year abeve written. .seal STATE ~F NE~ YORK) SS: Befe~e:m~ers~al.ly appeared. Emmons. Dean, off ~een!mortA~N.Y., Philip Weiler*"ef. Orient, N.Y.; Alvah B; ~oldsmi%h~ of ~outhold, N.Y.~i~'.~e~n~$Nulty~ ef La~el~ N.Y.' and'~w Dawso~ of New' SU~folk~.~N~YJ'~ all persemally ~own t~ ~e~ Who~-~ing ~ me duly s~rn~ ~ever~]~ Said sha~ ~hey each. reSided ~ the Tewm ef ' '' SOUTHOLD, NE~A~ .YORK ISSUED TO ...... ' ''Thomas' BJ 'Reeve :" .. ~le~ "REGULATIN~ AND TNE.PEAOIN~'OF OBSTRUOTiONS IN AND 'ON TOWN WATERS AND .'PUBLIG LANDS...'~ REMOyAL OF SAND,. G'RA. yEL.OR 'OfH[R. MATERIAL~. FROM '.. '~ill reach high water in ~ttituck..greek, Off :"~iden'Lane, ~ttituck, New Yo~k~ (Total-length of' dock will be 76 ft,~-Or~ginal Per,it No'~'~3) . all .;n accordance with' the detailed specif~fi6n,'.~S ~,~flted in ~ subscribed by "~>mbjorlty bf:'t~ ~id Of Southold~ Town T~ustees S°u'rHoU~,' NEW ¥OR~ Authoriza i.. · ' ~': .'. _' P~suanf'.+o the p~Vi~ions' O{ ~apter. 6!~ of fhe:~ws of * ~ fifle~ "R~U~TIH~ AND THE P~CIN~ 'OF OBS~~nc~''-~"'~ · IN AND ON TOWN WATERS AND PUBUO' ~NDS ~nd ~ Resolution 0f The Boerd .do.ed e~ · m~efing held on .,. _~= /' .... -~e orl'gmehn~ epPlJ~fion. - ' . y Ca~; IfS Corp6rafe Se~ fo' ~ effix~d; end these ~re~en+S fo ' ~be' subscribed b~'a malon~ of +~ ~aid ~ard ~ of fk;~ date.~' ~ . tzos~/.z. Jayamaha / Nlatt-a-IVlar 8~7~2006 4:04PM Map Layers Transportation ~ Intersiate & Major Highways 0 100 200 feet 243 MAIDEN LN, MATTITUCK, NY - Google Maps Address Page Iofl http://maps.google.com/maps?hl-en&tab-wl 4/12/2009 .................... t'age Iot I Summer Dockage: 125 slips to accommodate up to 70' plus Hi & Dry Dockage. Transient: 20 slips to accommodate vessels on the go. Available from April 15 to October 15. See Transient Rates and'Contract Here (pdf file) I http://www.mattamar.conffslips.html 04/10/2009 Board Of Southold Town Trustees SOUTHOLD. NEW YORK PERMIT NO. DATE: Nov.. 3, 1999 ALI .A GARABi: ISSUED TO Pursuant fo the provisions of Chapter 615 of the Laws of {he 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 OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;!'. and in accordance with the Resolution of The Board adopted e! a meeting held on 0~:~.'(. 19 99.., and in consideration of fhe sum of $ paid by Ali Agarabi for Matt--A'-M.ar, Inc. of ~r[i,~.~.? N.Y. ~nd ~ubie~t to the Terms and Condff~ons lisled on ~he reverse side hereof, of Southold Town Trustees authorizes and permits the following: IN WITNESS WHEREOF, The said Board of Trustees ~re- by causes ifs Corporate Seal to be affixed, and these presents fo be subscribed by a majorlfy of the said Beard as of this date, T~tee~ Applicant: Office: Contact: SEQR: http://w~vw.dec.ny.gov/enb2000/20000112/reg I .html Matt A Mtlr Marina Wickham Avc./middle Rd. Mattituck, NY 11952 NYS DEC Building 40 SUNY Campus Stony Brook, NY 11794 (516) 444-0365 Darleen M. Gerbino Project is an unlisted action and will not have a significant effect on the environment. A Negative Declaration is on file. No coordinated review was performed. 04/10/2009 ENB Region l Completed Applications 01/12/00 SHPA: Last Filing Date: 01/28/2000 Project Southold Location: Page 3 of 3 A Structural-Archaeological Assessment Form has been completed. The proposed activity will not have any impact on registered, eligible or inventoried archaeological sites or historic structures. No further review in accordance with SItPA is required. Project Description: The applicant proposes to excavate 18,700 square feet of upland to 4 feet below mean low water to create a boat basin. Resultant 7550 cubic yards of excavated material will be removed off-site and 2000 cubic yards will be utilized to create a berm along the northeast portion of the property. Install ran~ps and floats in the basin. Construct 1000 feet of bulkhead within 24" of the existing bulkhead and widen the existing (2) boat ramps 2 ft. The property is located at Wickham Avenue, Mattituck, Town of Southold, County of Suffblk, Tax Map No. 1000-114-03-0 I on Mattituck Inlet Creek. Article 25: Tidal Wetlands Permit: Section 401 - Clean Water Act: Water Quality Certification Article 15, Title 5: Excavatiou & Fill in Navigable Waters Permit ID: DEC-1-4738-00306/00011 si~e created by Tese Media Jnc l'agc I ol I Matt-A~Mar Marina 24 Hour EmergencyService http://www, mattamar.com/ 04/10/2009 General Code E-Code: Town of Southold, NY Page 1 of ! Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] VVhether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] whether the dock will cause degradation of surface water quality and natural resources; [6] whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera madna) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restdct tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [111 Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. http://www~e~c~des~genera~c~de.c~m/searchresu~ts.asp?cmd=getd~cT~fC&index=~452-A&... 5/6/2008 Ne.w Y'~rk State Department of Environmental Conservation Di'v~sion of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brool<, NY 11790 - 3409 Phone: (631) 444q3365 · FAX: (631) 444-0360 Website; www. dec.state_ny_us ~uly 20, 2007 James Fitzgerald Proper-T Permit Services PO Box 617 Cutchogue, NY 11935_ .q:~plieation #1 4738-03687/00001 Jayamsha Property, Maiden Lane, Mattituck Dca/ML Fitzgerald: The Department of Environmental Conservation has completed a review of your client's Tidal Wetlands application for. permit to construct a dock, ramp and a float, and we have the following The depa~araent objects to the crcrrent proposal became your client's apphcation fails to meet standards for permit issuance pursuant to Tidal Wetlands Land Use Regulations (6NYCRR Part 661) as ¢mplalned below. Departmem staff conducted an inspection of the project site during low tide and found shallow water depths near the proposed boat mooring area. Staff also found biologically productive 'tidal wetlands at the site. These shallow tidal wetland areas provide valuable habitat for a variety of marine invertebrates, shellfish, bait fish, migratory fish and water fowl. In addition, the area acts as a nursery for juvenile finfish. The departmont believes that propeller dredging, propeller turbulence and tmbidity plumes would continually chmm up and damage the valuable benthic habitat at the site during access and egress of vessels from the proposed dock. The lack of water depth would also pose the potential for future dredging and destruction of tl~s bollom habitat. Therefore, we find that the proposal does not tueet the standard for permit issuance as per section 661.9(b)(1)(~).. Specifically, the proposal is not compatible with the po[icy of the Tidal Wetlands . Act to preserve and protect tidal wet!an&q and prevent their ~tespo[iation and destruction because the pmp0sM w/ll have undue adverse impacts on the present and potential values of the affected tidal wetland area or adjoining or nearby tidal wetland areas for marine food production, wildlife habitat, flood and hurricane and storm consol, cleansing ecosystems, absorption of silt and organic material, recreation, education, research or open space and aesthetic appreciation. We also fred that the proposed dock d6es not meet the standard for permit issna,~ee pursuant to Part 661.9(b)(1)(iii), Specifically, the proposal is not reasonable and necessary taldng into account that reasonable alternatives exist_ A boat may be anchored on a mooring buoy and ~O'd 8~:9I ZOOC 0~ In£ 0910~I£9:xe~ SIINB3d NB~I~N3 33~SAN Page Two accessed ~om *he ~shoreline using a dinghy or the boat may be stored at an existing n~a~na in the surrounding area Please do not hesitate to contact me at (631) 444-0372 if you have any questions. Sincerely, Claire Wemer Environmental Analyst ce: D, Jayamaha File £O'd 8g:% ZOOE OC In£ 09£0~¢~£9:xe~ SlIMSB8 NO~IAN3 33~SAN Proper'-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 19, 2008 President Southold Board of Town Trustees Post Office Box 1179 Southold, New York 11971 Re: Request for Amendment to Permit No. 6437 Dear Sir: The property owner, Don Jayamaha, wishes to amend the referenced permit as follows: The length of the fixed open walkway is increased from 55' to 70', and the project description therefore is: PROJECT DESCRIPTION: Construct fixed open walkway 4'x 70' with decking a minimum of 3.5' above vegetated grade, hinged ramp 3'x 20', and floating dock 6'x 20'; install two 6" d. (nominal) piles to secure floating dock. The NYSDEC has expressed an objection to the project as previously submitted. As best can be determined fi:om their usual vague generalizations, the problem is the water depth at the location of the float and any docked boat. The area in front of the property has a well-defmed channel and the structure as previously permitted by the Trustees does not take advantage of that. Please note that the distance from the low water line to the end of the dock is one-third of the distance between the low water line and the intrusive floating docks of Matt-a-Mar Marina, about which we have strenuously complained in the past. Four copies of a new drawing (Project Plax~, Revised March 17, 2008) showing the proposed changes are enclosed, as is a check in the amount of $50. In addition, we request that the expiration date of the permit be extended one year, to then expire on August 23, 2009. A separate check in the amount of $50 is enclosed. If there are any questions, or if additional information is needed, please call me. Sincerely, cc: Don Jayamaha David Falkner, Esq. a subsidiary of THE PECONIC EASTERN CORPORATION ~ DON L. JAYAMAHA ~ ~--/z° 1375 SHARMINI JAYAMAHA ~ ~ ~ 50-9200~2214 243 MALDEN LANE MATrITUCK, NY 11952 / ~ ~ ~EPHONE 631-~1-91~ / ~ THE PECONIC EASTERN CORPORATION P.O BOX 617 CUTCHOGUE, NY 11935 PAY vO'rH~ Southold Town Trustees ORDER OF DATE 2070 ~iarch 20, 2008 ,-32alO23~71 ~ $ 5o. oo FIWTY AND 00/100 ................................................. DOLLARS BankofAmerica ACH R/T 021000322 FOR Jayamaha extension "'DDPD?O"' ':081, OOO:~P~': D046 :~ ~.~? 2& S 3"' /./~7 ' Cr ¢ -3.5 -~.o _ _ 1 -/- _ _ z~;4_ _ _ ~ _ _ _ .......... .£'_~ ~ ~ ~ _ .... ~ s -. -~:4 / ......... . ....... ] - '/ AHW -o:q / - ALW ............... -O~ / '~ /~ S. ALTERNIFLORA · Ht"lM NOV - - ~2005 ." '~ line 1000-140-1-23.1 U SOUND OYSTER LLC 781 MILL ROAD RIVERHEAO, NY 11901 '~ AppROX EDGE OF sANK DON JAYAMAHA 243 MAIDEN LANE MATTITUCK, NY 11952 STREET ADDRESS OF PROJECT SITE: 243 MAIDEN LANE MATTITUCK NY 11952 DOCK ~ r ..... ALW -" "~ .................... AHW Tidal IA~l:land Boundc~'q . bq Fox IF-05 1000-140-1-7 RITA M. PONSIGLIONE MALDEN LANE MATTITUCK, NY 11952 SCALE: 1" = 30' CORPS OF ENGINEERS DATA PROJECT PLAN 1N: ]Ma~it~¢k Creek AT: Mz~ituck Mattit,.~k '~; '~ !~(i Cree~ Inter-T~i~ial ll,;~ ~ Inter-TidaIMarsh ~ H~M Tidal ~l~ NOV -~ _ Do~do~ ~ ~5 -.. R. Fox IF-05 APPROVED BOARD OF TRUSi'EE$ , TOWN OF SOUTHOLD DATE .~ York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (531) 444 0365 · FAX: (631) 444-0360 Website: www. dec.state.ny.us Jaty 20, 2007 James Fitzgerald Proper-T Permit Services PO Box 617 Cutchogue, NY 11935. Applleation #14735-03687/00001 Jayamsha Property, Maiden Lane, Mattituck Dear Mr. Fitzgerald: Thc Department of Enviroranental Conservation has completed a review of your client's Tidal Wetlands application for. permit to construct a dock, ramp and a lloat, and we have the following The department object~ to the currem proposal because your client's application fails to meet standards for permit issuance pursuant to Tidal Wetlands Land Usc Re~qflations (6NYCRR Part 661) as e~cpla/ned below. DePartment staff'conducted an inspection of the project site during low tide and fotmd shallow water depths near the proposed boat mooring ares~ Staff also found biologically productive tidal wetlands si the site. These shallow tidal wetland areas provide valuable habitat for a variety of marine invertebrates, shellfish, bait fish, migratory fish and water fowl. In addition, the area acts as a nursery for juvenile finfish. The department believes that propeller dredging, propeller turbulence and turbidity plumes would continually churn up and damage the valuable benthic habitat at the site during access and egress of vessels from the proposed dock. The lack of water depth would also pose the potential for future dredging and destruction of this bottom habitat. Therefore. we find that the proposal does not meet the standard for permit issuance as per section 661.9(b)(1)(i). · Specifically, the proposal is not compatible with the policy of the Tidal Wetlands Act to preserve and protect tidal wetlands and prevent their despoliation and destruction because the proposal vdll have undue adverse impacts on the present and potential values of the affected tidal wetland area or adjoining or nearby tidal wetland areas for marine food production, wildlife habitat, flood and hurricane and storm con~rol, cleansing ecosystems, absorption of silt and organic material, recreation, education, research or open space and aesthetic appreciation. We also find that the proposed dock d6es not meet the standard for permit issuance pursuant to Part 661.9Co)(1 )(iii). Specifically, the proposal is not reasonable and necessary taking intn account that reasonhble alternatives exist. A boat may be anchored on a mooring buoy and Page Two accessed i~om the 'shoreline using a dinghy or the boat m~y bo stored at a.u existing marina in the surrounding area, Please do not hesitate to contact me at (631) 444-0372 if you have any questions, D. Jayamaha File Sincerely, Claire Wemer Environmental Analyst Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P,O. Box l 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 14, 2008, the following recommendation was made: Moved by Glen McNab, seconded by Doug Hardy, it was RESOLVED to NOT SUPPORT the amendment application of DON JAYAMAHA to Amend Permit #6437 to construct a fixed open walkway 4'X 70' with decking a min. of 3.5' above vegetated grade, hinged ramp 3'X 20', and floating dock 6'X 20', and install two 6" dia. (nominal) piles to secure the floating dock. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 Inspected by: Peter Young, Glen McNab The CAC does Not Support the application and recommends using the marina across the creek or installing a mooring. Vote of Council: Ayes: All Motion Carried ~e.mes F. King, President Jill 1~. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hail 53095 Route 25 P.O. Box ]179 Southold~ New York 11971-0959 Telephone(631) 765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 1 Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the Application Approved (see below) Application Denied (see below) Application Tabled (see below) DEC 1~ 2006 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: TOTAL FEES DUE: BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel 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 TOW-N OF SOUTHOLD YOU ARE REQUIRED TO CONTACT TH£ 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 1st day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6437 DATE: August 23~ 2006 ISSUED TO: DON JAYAMAHA PROPERTY ADDRESS: 243 Maiden Lane~ Mattituck SCTM # 140-1-8 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 23, 2006, and in consideration of application fee in the sum of $250.00 to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the followiug: Wetland Permit to construct a fixed open walkway 4' x 55' with decking a minimum of 3.5' above grade, hinged ramp 3' x 20', and floating dock 6' x 20' and all as depicted on the plans prepared by Proper- T Permit Services revised September 20, 2006. IN WITNESS WHEREOF, the said Board of Tmstees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TEiRMS AND CONDITIONS The Permittee, Don Jayamaha, 243 Maiden Lane, Mattituck, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his qr her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with :respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 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. 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 authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 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. The Pennittee 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. 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 John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August 23, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: DON JAYAMAHA 243 MAIDEN LANE, MATTITUCK SCTM#'140-1-8 Dear Mr. Fitzgerald: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 23, 2006 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf of DON JAYAMAHA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 23, 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, in accordance with Chapter 268, said application was found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 23, 2006, ~t which time all intei~ested persons were g~ven 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 Southold Town Code, WHEREAS, the Board has found the proposed construction to be consistent with the policies of the LWRP, and, 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 DON JAYAMAHA to construct a fixed open walkway 4' x 55' with decking a minimum of 3.5' above grade, hinged ramp 3' x 20', and floating dock 6' x 20' and all as depicted on the plans prepared by Proper- T Permit Services revised September 20, 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: $100.00 Very Truly Yours, James F. K~g President, Board of Trustees JFK/hkc James F. King, President Jill M. Doherty, Vice-President PeggT¢ A. Dickerson Dave Bergen John Holzapfel 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 Please be advised that your application dated reviewed by this Board at the regular meeting of following action was taken: has been and the ( ~/ ) Application Approved (see below) (__.)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: TOTAL FEES DUE: BY: James F. King, President Board of Trustees 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 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 v/'//1st day of construction ½ constructed Project complete, compliance inspection. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Town Hall 53095Route 25 P.O. Box 1179 Southold, New York 11971-0959 John Itolzapfel Telephone (631) 765-1892 Fax (~31) 765-6641, // ~ -- , ~,~ ~ ~ ~oumold ~own ~ ~ %~f Field Inspectio~orksession Repo~ Date/Time: N~e of Applic~t: Property Location: SCTM8 & Street Brief Description of proposed action: t Typ/wof area to be impacted: ~/Saltwater Wetland Freshwater Wetland Sound Front Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: k_~hapt.97 Chapt. 37 other Type of Application: Info needed: Modifications: Conditions: ,-,/Wetland __Coastal Erosion __Amendment __Administrative Other: Mailed/Faxed to: Date: Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., March 15, 2006, the following recommendation was made: DON JAYAMAHA to construct a fixed open walkway 4'X 90' with decking a minimum of 3.5' above grade, hinged ramp 4'X 16', and floating dock 6'X 20'; install two piles to secure floating dock. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 The CAC did not make an inspection, therefore no recommendation was made. Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., February 8, 2006, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, to TABLE the Wetland Permit application of DON JAYAMAHA to construct a fixed open walkway 4'X 90' with decking a minimum of 3.5' above grade, hinged ramp 4'X 16', and floating dock 6'X 20'; install two piles to secure floating dock. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 The CAC Tables the application because the project was not staked. Vote of Council: Ayes: All Motion Carried hfs } mark James E. Fitzgerald_ J 734~5800 Janumw 25. 2006 ~ 'f~ -- - - - " -- -- ~,'~.T. ~ PROJECT IS CIRCLED ~ CO~S OF ENG~EERS DATA ~C~TY ~ P~OSE: Cons~ct f~ed open wa~ay, hhged App~cation reg~d~g ~e prope~ of rmp, ~d floa~g dock for privme recreational Don Jaym~, SCTM ~1000-140-1-8 p~oses. Represented by DA~M: ~W PROPER-T PE~IT SERVICES ~: MaRi~ck Creek AT: Ma~i~ck P.O. Box 617, Cutchogue, ~ 11935 CO~TY: Suffo~ STATE: New York J~es E. Fi~gerald, Jr. 631-734-5800 J~u~ 25, 2006 CORPS OF ENGINEERS DATA TAX MAP PURPOSE: Construct fixed open walkway, hinged Application regarding the property of ramp, and floating dock for private recreational Don Jayamaha, SCTM #1000-140-1~8 purposes. Represented by DATUM: MLW PROPER-T PERMIT SERVICES IN: Mattituck Creek AT: Mattituck P.O. Box 617, Cutchogue, NY 11935 COUNTY: Suffolk STATE: New York James E. Fitzgerald, Jr. 631-734-5800 January 25, 2006 I PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOVCNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: To~vn of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: February 15, 2006 Re~ Request for Permit - Don Jayamaha SCTM#1000- 140-1-8 DON JAYAMAHA requests a Wetland Permit to construct a fixed open walkway 4'X 90' with decking a minimum of 3.5' above grade, hinged ramp 4'X 16', and floating dock 6'X 20'; install two piles to secure floating dock. Located: 243 Maiden Lane, Mattituck. SCTM#140-1- 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 use of CCA lumber in the construction of the dock. 2. The dock must not extend more than 1/3 across the creek. 3. Applicant must show water depths at dock location. 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. Albert j. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route25 P.O. Box 1179 South~d, New York11971-0959 Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ~w~oastal Erosion Perm/t Application ~Wefland Permit Application Major Waiver/Amendmcnt/C"nanges ~"'"P~ec eived Applic atiom ~eceived Fee:$ ~W~-~ ~'Completed Applicafion~ Lucomplete ___SEQRA Classification: Type I Type [I Unlisted __Coorctln~tion:(date sent) ,~AC Referral Sene ~Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Rev/ew: ...4~ublic Hearing Held: Resolution: Minor Nme of Applicant Don Jayamaha Address 2/~3 Maiden Lane, Mattituck, NY 11952 Phone Number:( ) 631-298-7297 Suffolk County Tax Map Number: 1000- 140-1-8 Property Location: 243 Maiden Lane, Mattituck, NY 11952 (provide LILCO Pole #, distance to cross s~:eets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 ~oard of Trustees Applicati~ Land Area (in square feet):. Area Zoning: GENERAL DATA 21,719 R-40 Previous use of property: Intended use of property:_ Single-family dwelling Single-family dwelling Prior permits/approvals for site improvements: Agency Date None known 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: Construct fixed open walkway 4' x 90' with decking a mini- mum of 3.5' above grade, hinged ramp 4' x 16', and floating dock 6' x 20'; install two piles to secure floating dock. of Trustees Applicatie WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Provide access to the water for private recreational purposes. Area of wetlands on lot: N one .square feet Percent coverage of lot: N/A % Closest distance between nearest existing structure and upland edge of wetlands: 5 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? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or 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 remit by reason of such proposed operations (use attachments if appropriate): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. 617.20 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 James E. Fitzgerald, Jr. - Proper-T Permit Services / Jayamaha dock 3. PROJECT LOCATION: Municipality Mattituck County SulTolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 243 Maiden Lane See attached maps. Mattituck, NY 11952 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct fixed open walkway 4' x 90' with decking a minimum of 3.5' above grade, hinged romp 4' x 16', and floating dock 6' x 20'; install two piles to secure floating dock. 7. AMOUNT OF LAND AFFECTED: Initially Less than 0.1 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE N V C N TY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: Medium-size private waterfront residences. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Southold Trustees, NYSDEC, NYSDOS, USACoE 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? ~lYes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODiFiCATiON? []Yes []No E IS TRUE TO THE BEST OF MY KNOWLEDGE Date: 1/25/06 Signature: and you are a state age~ Assessment Form before proceeding with this OVER Reset STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of Suffolk ) State of New York ) I, Don Jayamaha, being duly sworn, depose and affirm that I am the owner of the property located at 243 Maiden Lane, Mattimck, New York 11952, and identified by Suffolk County Tax Map No. 1000~140-1-8, and that all work will be done in the manner set forth in the present application and as may be approved by the Southold Board of Town Trustees. I agree to hold the Town of Southold and the Town Trustees harmless and flee from any and all damages and claims arising under or by virlue of said permit(s), if granted. I hereby authorize the Town Trustees or their agent(s) or representative(s) to enter upon my property to inspect the premises in conjunction with the review of the present application. Sworn to before me this ..~.. ........ day of...~..~..~..~.~Tfi.~.., 200...~..'~.. Notary Public KATHLEEN M. MABLI Notary Public, State Of New York No, 01 MA5087393 Qualified In Suffolk County Commission Expires November 3, AFFIDAVIT OF MAILING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Don Jayamaha STATE OF NEW YORK COUNTY OF SUFFOLK James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, deposes and says that on the 6tn day of February, 2006, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown in the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, NY 11935, that said Notices were mailed to each of said persons by Certified Mail/Return Receipt Re- quested. Sworn to before me this I.~44X day of'Ve~r~,cx~-~.~ ,200 [~ . Notary Public ' TO: Date: February 6, 2006 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) BOARD OF TRUSTEES, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Don Jayamaha~ SCTM #1000-140-1-8 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application is being submitted to the Board of Trustees for a permit to: Construct fixed open walkway 4' x 90' with decking a minimum of 3.5' above grade, hinged ramp 4' x 16', and floating dock 6' x 20'; install two piles to secure floating dock. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 243 Maiden Lane, Mattituck, NY 11952 ] 1 The project, which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code, is open to public comment. A public hearing will be held at Town Hall, 53095 Main Road, Southold, New York 11971 at or about 7:00 PM on Wednesday, February 15, 2006. If you wish to comment you may call the office (631-765-1892), or applications may be reviewed and comments may be submitted in writing up to 24 hours prior to the hearing. The project described above will be reviewed by the Board of Trustees of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILiNG ADDRESS: PHONENO.: Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 631-298-7297 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. February 1, 2006 BAYAMAHA: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-140-1-8 Don Bayamaha 243 Maiden Lane Mattituck, NY 11952 NOTICE SENT 1000-140-1-7 Rita M. Ponsiglione Maiden Lane Mattituck, NY 11952 1000-140-1-9 Herbert Swanson Irrevocable Trust 20512 Poime Regatta Drive Cornelius, NC 28031 1000-140-1-23.1 LI Sound Oyster LLC 781 Mill Road Riverhead, NY 11901 Surveyed: 11-25-05 SCT# 1000-140-1-8 Situate: Matt/luck Town: Southolcl Suffolk County, NY Datum: Low Wj~r Tide Range: $~ Cerdfled to: Don Jayamaha Reference Deed: L. 11767 P. 843 ROI]ERr H. FOX NYS PLS~ 50~97 P O BOX# 538 RIVERHEAD, NY 631~722-339~ AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES 1N THE MATTER OF THE APPLICATION OF: Don Jayamaha STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 6th day of February, 2006, I personally posted the property known as 243 Maiden Lane, Mattituck, by placing the Board of Trustees' official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing, which date is noted thereon to be Wednesday, Febru- ary 15, 2006 at or about 6:30 PM. J~(s E. Fitzgemld,,~ Sworn to before me this day of'~-~_'x~ x~-~,q' ~X ,2006. 243 Maiden Lane Mattituck, New York 11952 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Pmper-T Permit Services to act in my behalf as my agent in the submission and processing of a permit application for the construction of a dock on my property located at 243 Maiden Lane in Mat- timck, and designated by Suffolk County Tax Map No. 1000-140-1-8. Sincerely, APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on fl~e part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: J-a--y~a~an~, Don (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other XX If "Other", name the activity: Wetlands permit Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. 'irES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Print Name:_~~m~ha Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-580O December 24, 2006 President Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for Permit on Behalf of Don Jayamaha; SCTM # 1000-140-1-8 Dear Sir: Attached are documents which have been prepared in support of thc application for a permit to constxuct a dock on the property of Don Jayamaha in the Town of Southold. Proper-T Permit Services represents Mr. Jayamaha in this matter, and a letter of authorization is part of this submission. If there are any questions, or if additional information is needed, please call me. SincerelY,/¢~/4 ~__7_~ _ Enclosures: Application Fee ($250) Letter of Authorization Notarized Statement of Applicant Transactional Disclosure Form Application Form (3 copies) Short EAF (3 copies) Vicinity Map (3 copies) Tax Map (3 copies) Hydrographic Survey/Project Plan & Cross Section (3 copies) Project Site Photos (3 copies) LWRP Consistency Assessment Form (3 copies) a subsidiary of THE PECONIC EASTERN CORPORATION APPLICANT: DON JAYAMAHA SCTM #: 1000-140-1-8 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 ~ES 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. [] NO [] NOT APPLICABLE The construction of a small private-use dock is consistent with the character of the waterfront community, and because of the relatively small area of the proposed dock it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and accessed from private property. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 Preserve historic resources of the Town of Southold. ~{ES [] NO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes historic features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of recoverable artifacts of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. ~ES [] NO [] NOT APPLICABLE The structure proposed is low profile and will be inconspicuous in the proposed location. It is compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualities. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. [] NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the stxucture proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protective features will not be adversely affected Policy 5 Protect and improve water quality and supply in the Town of Southold. ~ES [] NO [] NOT APPLICABLE The proposed project will not include a pump-out station nor will liquid or solid wastes be discharged into the water or wetlands. Disturbance of the creek bed during construction and thereafter during active use of the structure will be minimal. Policy 6 [] NO Protect and restore the quality and function of the Town of Southold's ecosystem. [] NOT APPLICABLE Although the shading result'mg from the project structure may adversely affect the wetland vegetation immediately under it, efforts will be made in the construction to space the deck planking to permit some sunlight through. The project site has been chosen to pass through a naturally-occurring sparsely vegetated area. During construction, the indigenous plants will be protected insofar as possible. The project is not located in a Significant Coastal Fish and Wildlife Habitat. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. No dredging, excavating, or filling is proposed. Policy 7 Protect and improve air quality in the Town of Southold. ~YES [] NO [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant amounts of new air pollution. The siting of the dock is such as to limit the usable size of the boat, and thus its engine. Policy 8 ~S Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] NO [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products, if any, will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] YES [] NO ~I~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~g~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 Promote sustainable usc of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ral~p, and floating dock for private recreational purposes. DATUM: MLW IN: Mattituck Creek AT: Mattituck COUNTY: Suffolk STATE: New York NOV 1 4 2006 PROJECT PLAN Application regarding the prope~:y of Don Jayamaha, SCTM # 1000-140-1-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised September 20~ 2006 · ¢ Matt tu/ck Cree / -1:6 -0:6 -O:q / / / Inter-T/iaal ~ Ma~rsh H~IH NOV 200.5 / I / / 4 Tie line along HhH Inter-Tidal Marsh Boundor§ Fox IF-OS chain link I~enc¢ orlcJInal h~m APPROVED BOARD OF TRUST~Ld$ TO~'N OF SOUTHOLD