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HomeMy WebLinkAboutTR-6437 James F.King,President ��of soUryo Town Hall Annex Jill M. Doherty,Vice-President 54375 Main Road P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen H Bob Ghosio,Jr. Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 19, 2009 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services, Inc. 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., 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, CZ ' Jam F. King, Presid t Board of Trustees JFK:Ims — — — — ---- -- -- _ ---- --- 4- — �Bs+posaa 32;tYo -i.` - - Saiso/v tc toAAg". / G=M"A s JQIlVA �RGORQp iV / F fI Y JD aICK • ' Awurm fls K.whAL 'b` V uvTCRTu�<c I _Y1GJ0.,WMA4V/V sDo .)CtYws . / Rme R.FbK/io!J ?�AmE ��T4ri c.S304v� / eysse'a cc� ! �4#1 LI.W AONS/IyG/ONQ P +OVED BY k �! B ARD OF TRUSTL OWN OF SOUTHOLD 7-1 D E' a/ Of 4 T� L.a tiJ dD .r 41;v j ,4PPLIG,A/•/T = Al —AdY. #%4A HA 245 MA/aeti/ Gd/ve /NA7T/rAJCK, N•Y. /1952 !v&V%ojt" ADV: seTM l000-/40-/ b G!p~MAmr~ F�wAGw��• T.i.BQm sis/ .QIiFs.20,Zoo? �sil) �77 lily s.leEs 1 .F 2 Z sr�y�CRaf�c7 y�I%es+o :Aro P ,o azlize As <tu.•r. r�i�oies�a 6'xzo' 70' Ie� L a�iaieSaeu�e�w y Y7LMi�/ w s iMHW�� Z2` AAµ W /N7'E.aT4oAL.4NQIfN I I j - .O07lOM I '� :. .. T i.aiLw •�cNaN N b G T.Z rJ53 ..SECT/oN 0 V o �wr. L . t 8nn � Q � m James F.King,President �r4F S0 Town Hall Jill M. Doherty,Vice-President ,�0� Ol0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson 1xi Southold,New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. '�� �O Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ion _1av a-mc-ha Please be advised that your application dated �(aln Ic has been reviewed by this Board at the regular meeting of Rl I q 109 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1 st Day of Construction ($50.00) % 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: 5aujof-6 oc- - 4'K Tv -'s (,1,0,00 WK51' _� 4fo8,C0 Pcl• 1a1141% 19d� due TOTAL FEES DUE: $ 111, DO BY: James F. King, President Board of Trustees R - 1 •A 3 " 08/12/20©9 17" 2'4 ' y z 4 WIER= �m 3 Oa °flMous ��lo I' 1 : 11 ' �, � ,°�ry.y�r•Ili\NI►/J'/Allyl►/1►GII%1111 Fit ■ �i� :ti. � P 1 0a 1 ' James F. King, President oF so�ryo Town Hall Annex Jill M. Doherty,Vice-President 54375 Main Road Peggy A. Dickerson * P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen r/+ Bob Ghosio,Jr. Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 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, o� f Jame F. King President, Board of Trustees JFK:Ims • hob%OFF010t Gy Donald Wilder,Chainnan y Town Hall,53095 Main Rd. Lauren Standish,Secretary T P.O. Box 1179 Southold,NY 11971 Telephone(631)765-1892 1 # 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 -- - 04/08/2009 . 14 28 f. �INam _ 1W �� �, 04LOO12009 14 21"v i •J�� R 4y 5 r ..7 04�%08A LIM 4 29 - - �- '&W i- 1 3- 04/08/2009 . 14 . 29 T v% 04/08/20[NMI 9 14 : 30 ` �'�� 3 �ter.. �. • a` .1e.)� . ., \ t ... i t x. r°�- James F.King,President pp�OSBPFO(,pCpG P.O.Box 1179 Jill M.Doherty,Vice-President = y Southold,NY 11971 Peggy A.Dickerson y Telephone(631)765-1892 Dave Bergen am 0 Fax(63 1)765-6641 Bob Ghosio,Jr. Southold Town Board of Trustees Field InspectionMorksession 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 _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- 0 0 James F. King, President �Oli sourti Town Hall Jill M.Doherty,Vice-President �O� OlG 53095 Route 25 y P.O. Box 1179 Peggy A. Dickerson T Southold,New York 11971-0959 Dave Bergen CA is Bob Ghosio,Jr. '.& � Telephone(631) 765-1892 Fax(631) 765-6641 Comm, 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, J es F. King President, Board of Trustees JFK:Ims James F.King,President �� P.O.Box 1179 Jill M.Doherty,Vice-President Southold,NY 11971 Peggy A.Dickerson Telephone(631)765-1892 Dave Bergen ,� Fax(631)765-6641 Bob Ghosio,Jr. 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 _Chapt. 111 _other Type of Application: _Wetland _Coastal Erosion _Amendment —Administrative—Emergency_Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: _J.King _J.Doherty_P.Dickerson _D. Bergen_ B.Ghosio, —Wdjk� D. Dzenkowski _Mark Terry_other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- Page of 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 opportunity 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 front 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 from 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 DO1N nRhA S"hP r)=NTL T YAnAhA- tM'a 243 Maiden Lane Mattituck, New York 11952 President Board of Town Trustees Town of Southold- F" J Town Hall, 53095 Main Road -- Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize ��p MIO.., '%o act in my behalf as my agent in the submission and processing of a permit app ication for the construction of a dock on my property located at 243 Maiden Lane in Mat- tituck, and designated by Suffolk County Tax Map No. 1000-140-1-8. Sincerely, D n Ja, / oLi • DallApril13,2009 Re-sent: August 10, 2009 TO: 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 Javamaha. 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 from 55' to 83', as already approved by NYSDEC. 2. 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 3. 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 hearing 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. 4. 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. _S n PROPERTY OWNER'S NAME: Don Jayamaha ( f' MAILING ADDRESS: 243 Maiden Lane AUG 18 2009 LJ Mattituck,NY 11952 iplq'PHONE NO.: 631-298-7297 otees wn wn 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 Mattituck,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 • 1 ek�9t • � I I = THIS LINE IS PERPENDICULAR TO THE MAIN CHANNEL DIRECTLY IN FRONT OF THE SUBJECT PARCEL,AND IS INCLUDED •I - TOASSISTINDETERMININGTHEWIDTH - AAi,atti} ..y.,l. . OF CREEK'AS PER THE SOUTHOLD 1V I L1 1!V V IV I� TOWN CODE. tFL EBB . ------------- - -- - ------ ----------=--------=sa. -_/ 17 -sue r --- �`� ' ---�4 - ------------- '----------s o- ---2.5(EXTRAPOLATED) PROPOSED DOCK . FIXED WALKWAY 4'x83'WITH OPEN GRATE DECKING . HINGED RAMP 3'x20' --_ _,�. FLOAT 6'x2V 'O:q 1 . FOUR 8'd.(NOMINAL)PILES / SECURE FLOAT —oA AM _ THIS LINE IS INTENDED TO BE 8'SEAWARD- / — OF THE S.ALTERNIFLORA. {,.....,,, FIXED WALKWAY SUPPORTING MEMBERS <., . Ill+ F Pi LANDWARD OF THIS LINE WILL BE 4X4 DI- MENSIONAL LUMBER.SUPPORTING MEM- BERS SEAWARD OF THIS LINE WILL BE 6'd. S.ALTERNIFLORA (NOMINAL)PILES. S.ALTERNIFLORA Tie Ilne ''........... ............. AHVV ------ ------_. HNM _- - - Tl lai Wetland NOV �\ %_Donnda �u ZOOS 4J Ih .R. 1=OX Ir- .. O5 Io 1006-140.1-23.1 Li SOUND OYSTER LLC 781 MILL ROAD Ij. �. A- RIVERHEAD,NY 11901 1000-140-1-8 / DON JAYAMAHA / 243 MAIDEN LANE MATTITUCK,NY 11952 A. J=W ^x_ chnln link x O' 1DOO-140-1-7 - /: F� 0. RITA M.PONSIGLIONE MAIDEN LANE MATT,ITUCK NY 11952 SCALEI'=20'.. STREET ADDRESS OF PROJECT SITE . 243 MAIDEN LANE CORPS OFDNGWEDRS DATA j - MATTITUCK,NY 11952 t /OQ� PURPOSE:Conslmctfmad epmwa&c q.hlnpd' QQO romp,and floating dock forpdvnte roqa8tionxl Z. purposes. DATUM:MLW .( COUNTY: S Creek AT: Z:Mat Nrrk /�J' �S%'•. j�0 :� / - COUNTY:Suffolk SEATS:NawYodc C�. / . PROJECT PLAN Cl ApJgacaarogSCT ##ffic Property of -8 D.leyanuha,SC[M NI000-140-1-8 A. Represeaw by - - PROPER-T PERMIT SERVICES P.O.Box 617,CLahogue,NY 11935 James E.Fibwmld,Jr. 631-734-5800 Revised Jmuxry 9,2009 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 I O'h day of August,2009, 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. c-- J s E. Fitzger ,Jy. Sworn to before me this 19th day of August, 2009 Notary Publi BONNIEJ.DOROSKI Notary Public,State Of New York 01006095328, Suffolk County sxoiresJuly 7,20_I It 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 l Vh day of August, 2009, I personally posted the property known as 243 Maiden Lane, Manituck, 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. i J s E. Fitzgerald, Jr. Sworn to before me this 19`h day of August, 2009 AaAAJ�LAI Notary Public BONNIE 1.DOROSKI Notary Public,State Of New York No. 01DO6095328, Suffoik G unty Term Expires July 7,20 4 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 Javamaha, 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. erely, Jes E. FitzgeraI i . cc: Don Jayamaha David Falkner, Esq. _ �30� $ Leh OLD, '0!Cil I of Trosl es a subsidiary of THE PECONIC EASTERN CORPORATION iMAY. 20. 2009 : 3: 14PM s31SoUTHOLD TOWN ACCOUNTING EASTEND r�e�a*r NO. 709 P. 2� MAY-M-2M 10.14A FROM:WT SMTCE5 631 734 7*3 wrfp;2987297 P.1/2 02 I .Noper.T Permit.Services P.O.Box 617,Cumhogue NY 11935 Phone'631-734-SM Jef meosuffOkMI -ny-go Fax:031-734-7483 FAX MEMO DATI : Sang TO: DonJa"woba FROM sJM FlupMd 3UBdEC ; A4fhwriaxiioo hrDavid I,A,GY 20 l� You should sign thin and get it to the Trustees. ao�b1nnad and Of T, rawS Pages att ww;One ��.�-2 ems{ � P MAY. 20. 2009a 3: 13PM 631�HOLD TOWN ACCOUNTINGS NEFAWOGY NO. 709 P. 1� 91 EB MAY- -0009 10c15R FROM:P -T WAUTCES 631 7347463 MM. '1TT297 P.2/2 243 Maiden Lane tv, . Matlituck,NY 11952 gap,'Ji1'91d {ONIA - °"t' s May 20,2009 President Board of Town Trustees Town of Southold Town Hell,53095 Main Road Southold,New York 11971 Dear Sir. Please be advised tbar I hereby donate and authoriwwDwid Polk ner,Esq.,to act 10 my be- half as my agem in msuets concerning a permit appliaOon for the construction of a docking facility on my propraty located st 243 Maiden Ilene,lu oiftock,and designated by Suffolk Cam*Tax Map No. 1000-140-1-k and to fumisb,dp¢n request;m"ilemeatel iiiftmatlon in support of the application. sincerrely, � ' S �/09 . kw4eY- P *+cy -ej o f L �....� 4D""� e (63l) 2..34 - 44400 �nx �6�ti) 234 _ 445 . 161h 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, - D Jayamaha APR 1 6 2009 . i S ni Ja D Don& armini Jay4;amaha 243 Maiden Lane, Mattituck, NY 11952 (631)804-8717 CC: Dave Bergen, Trustee Christopher J. Sullivan, Partner, HERRICK, FEINSTEIN LLP 161h April 2009 Dave Bergen, 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 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 Property riehts (1/3, 1/3 & 113 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, is D . Jayamaha APR 16 2009 I � SIW41L arnaha, MD Don& Sharmini Jayamaha 243 Maiden Lane, Mattituck, NY 11952 (631)804-8717 CC: Jill Doherty, Vice President, Board of Town Trustees Christopher J. Sullivan, Partner, HERRICK,FEINSTEIN LLP 121h 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 1081) 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, 113 & 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, 'DoVVay40Kaha rrhi i ayamaha, MD 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-9-2009 12:04A FROM:PROPE0SERVICES 631 734 7463 �7656641 P.1/1 Proper.T Permit Services P.O.Box 617,Cutchogue NY 11935 Phone: 631-734-6800 jefitzge@su8o1k.11b.ny.0 Fax:631-734-7463 FAX MEMO DATE 4/7/09 TO: Lauren—Trustees Office FROM: Jim Fitzgerald SUBJECT: Jayamaha; SCTM#1000-140-1-8 The project has been"staked"and is ready for the Trust s' inspection. Pages attached: None 0 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March President Southold Board of Town Trustees Post Office Box 1179 soui6naid iaw.n`. g0pr�of Inlsfa Southold,New York 11971 es Re: Request for Amendment to Permit No. 6437, Don Javamaha. SCTM#1000-140-1-8 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. Sincerely, oll�'. Janes E. �Jr. cc: Don Jayamaha David Falkner, Esq. CoAi 3� a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 19, 2008 i 6437 i l Southold Toem Board of Tmsiees to amend the referenced permit as follows- increased from 55' to 70', and the project axed open 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 alizations, the problem is the water depth at the he area in front of the property has a well-defined .tted by the Trustees does not take advantage of ow water line to the end of the dock is one-third nd the intrusive floating docks of Matt-a-Mar omplained in the past. Revised March 17, 2008) showing the proposed ount of$50. n aaamon, 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, , J es E. Fitzgera r cc: Don Jayamaha David Falkner, Esq. a subsidiary of THE PECONIC EASTERN CORPORATION CORPS OF ENGINEERSD PROJECT PLAN • �k Application regarding the property of Pmp,and :Cong dock ort fixed walkway,hinged Don,leyanoha,SCTM M 1000-I40-1-8 9F ramp,end floating dock for Private recreatlmtal Represented by /�qt pc'p ones PROPER T PERMIT SERVICES 5 DATUM:MLW P,O.Be.617 Cmclmgoa,NY 11935 z IN:MahiWck Creek AT:MaltiOwk ,lames E.Ri@getald,h ' 631-734 5800 CGJNTY:Suffolk STATE:New York Revised Septcmber20.2006 Ma-mi-tiack N Creed �,; NOV 14 2006 1 / mD ----- -----1:2 _ _ / --- - - -- 5:8 --- - --------- - / - - -- - - - - - -- - - - - ----- ---So- -- -��O -----4 - - - -- - - —-- - ----3 = -- --- - - = - - -- 2:4 6 —___ fie __a. _-______ / --- - - -L-W- -------- --o° y - - -___" � -- ----- 4-- - --- ---- --- ---- / Inter-Tidal Inter-Tidal V- Marsh / Marsh - i„ j T le Ilne " "' h clang FIWM HWM Tidal Wetland NOV -�., Baondaryy bit 2005 Mat' R. Fox IFOS h } x o / m� k N�— chain link Fence along original hwm xd % APPROVED f?'' BOARD OF TRUSTcL� m o TOWN OF SOUTHOLD j %/ DATE o C •�A �DO� o Ii /r - ��� m / Tits tS e 4S, NTS fees 1'pl�l9� James F. King,President ��OF SOUIy� Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179Southold, New York 11971-0959 Dave Bergen CA is John Holzapfel .'� �0 Telephone(631) 765-1892 COUrIr+, Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: 1�_)7Yn JntlQunc�hd Please be advised that your application dated I has been reviewed by this Board at the regular meeting of NO and the following action was taken: �) 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: Dxk Fees if (Ao_l i�S(��cti0+1 - Sf) ,00 D cc- 3q'x y 1 S6 4 1 _141R 1rS� 6ccj CanS_NAAfih- 0 - 00 J�ti, r 3 gyp' = 60 �`3��pa_ _ 18C Eck FQes IR I adFl dd _Fjoc,4- CK l-Oxr3111F, = 340 TOTAL FEES DUE: $ 0 � I cXWB BY: James F. King, President Board of Trustees Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (63 1) 734-5800 August 4, 2008 President LP Board of Town Trusteesard of Tri,—, Post Office Box 1179 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, am es E. Fit era �l i a subsidiary of THE PECONIC EASTERN CORPORATION MAY-20-2008 09:23A FRO*PER-T SERUICES 631 734 7463 TO:7656641 P.1/1 Proper-T Permit Services P.O.Oox 617,Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 FAX MEMO 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 meeting. D t Cho Pages attached: None cc: Don Jayamaha Dave Falkner go a 0/0 ` f Jeff Vollmuth ay Of Tsr n as i i Proper-T Permit Servicet POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 19, 2008 President Southold Board of Town Trustees D Post Office Box 1179 Southold,New York 11971 MAR 21 Re: Request for Amendment to Permit No. 6437 Southhoht Town Board of Trustees 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 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, J es E. Fitzgera r. 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 (631) 734-5800 March 26, 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: 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, r k1 es E. Fitzgeral 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 President 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. Sincerely, es E. Fitzgerald r. i a subsidiary of THE PECONIC EASTERN CORPORATION C PROPOSED FLOAT PROPOSED FIXED OPEN WALKWAY 6'X 20" 4"X 83, DECKING A MINIMUM OF 3.5' PROPOSED HINGED ABOVE VEGETATED GRADE FOUR 8"d.(NOMINAL) RAMP TX 20' PILES SECURE FLOAT AHW r I " ALW---------- attemiBOral AHW' . �gSTING GCE St I .I DEPTHS AT ALW ALW I . . PILES THROUGHOUT WALKWAY SPACED 8't O.C.EXCEPT MATERIALS TO BE USED LESS IN.MOST SEAWARD BAY ALL DIMENSIONAL LUMBER,TIMBER, AND PILES ARE CCA-TREATED WOOD. DECKING IS OPEN-GRATE,NON-WOOD. ALL HARDWARE IS GALVANIZED STEEL - FLANDWARD NTENDED TO BE 8' SEAWARD TERNIFLORA. AY SUPPORTING MEMBERS F THIS LINE WILL BE 4X4 DI- UMBER . SUPPORTING MEM- BERS SEAWARD OF THIS LINE WILL BE 6" d. (NOMINAL) PILES. -g73e-D3G7�GOoc l SCALE: 1" = 20' CORPS OF ENGINEERS DATA SECTION VIEW Application regarding the property of PURPOSE:Construct fixed open walkway,hinged Don JayamaI SCTM#1000-140-1-8 ramp,and floating dock for private recreational pROPER T PRepERMIT SERVICES nted by purposes. DATUM:MLW P.O.Box 617,Cutchogue,NY 11935 IN:Matt tuck Creek AT:Mattituck James E.Fitzgerald, Revised January 9 2 009 COUNTY: Suffolk STATE:New York I - I THIS LINE IS PERPENDICULAR TO THE I [� MAIN CHANNEL DIRECTLY IN FRONT OF i THE SUBJECT PARCEL,AND IS INCLUDED TO ASSIST IN DETERMINING THE"WIDTH A �; L y—Lp� ��+p� OF CREEK"AS PER THE SOUTHOLD I\/I Y/ V ;6 TOWN CODE. F�OOp !V - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- EBB ———2.5— — — — — — (EXTRAPOLATED)— —— — . _.rry 1 — .— — — — — — -2:4 - - / I` r - - -r�]r—� - - PROPOSED DOCK m'` I FIXED WALKWAY 4'x83' WITH OPEN GRATE DECKING HINGED RAMP Tx20' _ - — ` ' — — — — -- - •-Ctcl FLOAT 6'x20' • FOUR 8" d. (NOMINAL) PILES / rS SECURE FLOAT / C ' - - - - ---- - - - - - _ -Of3 j a ALW 0- - - - - - - - - - - THIS LINE IS INTENDED TO BE 8' SEAWARD OF THE S. ALTERNIFLORA. eaaaaaeaa-_aaa�aaaaaaaaar_ ;1 :� Y F' . 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. S. ALTERNIFLORA S. ALTERNIFLORA <h (NOMINAL) PILES. Tie Ilne ��BFFFII0.F�0.F80.Fi}F89IIFiF AHW 'R^ AHW , HWM Tidal Wetland NOV _ ,�_ boundaryy . 2005 A, m� k . R. Pox 1 -05 1006-140-1-23.1 (� LI SOUND OYSTER LLC 781 MILL ROAD RIVERHEAD, NY 11901 1000-140-1-8 k ' DON JAYAMAHA 243 MAIDEN LANE / "`1Z�'� ,93(,Cn71-�Cc/ MATTITUCK, NY 11952 % \\Q k chaln Ilnle, Pence (fin-j k 611 1000-140-1-7 x R x-- .x-- x_� ma `'. b . RITAM. PONSIGLIONE <y� � / MAIDEN LANE Q�pe ebb* MATTITUCK, NY 11952 O SCALE: 1" =20' / STREET ADDRESS OF PROJECT SITE: 243 MAIDEN LANE / CORPS OP ENGINEERS DATA j MATTITUCK, NY 11952 0 �2 h / Q PURPOSE: Construct fixed open walkway,hinged QQO ramp,and floating dock for private recreational p purposes. 00 DATUM:MLW IN: Mattituck Creek AT:Mattituck COUNTY:Suffolk STATE:New York PROJECT PLAN �. Application regarding the property of t� Don Jayamaha, SCTM#1000-140-1-8 1D A . Represented by PROPER-T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E. Fitzgerald,Jr. 631-734-5800 Revised January 9,2009 I 9 F/0Qts J(P THIS LINE IS PERPENDICULAR TO THE I / ' MAIN CHANNEL DIRECTLY IN FRONT OF I �'.. THE SUBJECT PARCEL,AND IS INCLUDED TO ASSIST IN DETERMINING THE"WIDTH r .p—Lp9/ P6O� OF CREEK"AS PER THE SOUTHOLD fi 1g Ns TOWN CODE. FLOpp r e, - - - - - - - - - -^5 -5 - - - - - - _ :9• 8 • ——2-5(EXTRAPOLATED)_ PROPOSED DOCK - k I FIXED WALKWAY 4'x83' WITH OPEN GRATE DECKING • HINGED RAMP Tx20' - - - - - - - - - - • FLOAT 6'x20' / • FOUR 8"d. (NOMINAL) PILES SECURE FLOAT / - - - - - ---- - - _ _ _ _ p o -ALW _ THIS LINE IS INTENDED TO BE 8' SEAWARD OF THE S.ALTERNIFLORA. "a aaa aaav--aaa�aaaaavaaam sl :�i 'f_ 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. . S. ALTERNIFLORA (NOMINAL) PILES. S.ALTERNIFLORA V �. '� ' . ' � '� "'' !•'TIe Ilne \ `�'�r•hFFFFFFFtiFFBFFa.{.-.FFFFiF _ _AHW _ . . � F� `` _ _ _ _ AH_W . _. — -.. — — _. - M _ -.. .- - HNIvi Tidal Wetland NOV Doundaryy•bt� 2005 \ A, t' R. Fox If 1006-140-1-23.1 LI SOUND OYSTER LLC `•, / 781 MILL ROAD / k RIVERHEAD, NY 11901 1000-140-1-8 N Y s n E c Jr DON JAYAMAI IA APPIZOVrD AS PER TERMA, 243 MAIDEN LANE AND cc�r z�t.rtor 5 or. MATTITUCK, NY 11952 k I Eltnit'r IMP nt(�J i •� k r chain hnl< Pence ' (r�64� K 1000-140-1-7 o k y7. x =x--;.X =_X_� —x` b • RITA M. PONSIGLIONE N a Q<V� � m MAIDEN LANE s7e O I� / MATT,,ITUCK, NY 11952 0 /21- SCALE: 1" =20' STREET ADDRESS OF PROJECT SITE: ' 243 MAIDEN LANE / CORPS OP ENGINEERS DATA MATTITUCI<, NY 11952 0 k / 0a PURPOSE: Construct fixed open walkway,hinged Q� ramp,and floating dock for private recreational 1- 0 purposes. 00 DATUM:MLW IN:Mattitucic Creels AT: Mattituck Zle L COUNTY: Suffolk STATE:New Y6rk PROJECT PLAN Application regarding the property of / i Don Jayamaha, S TM 1000-140-1-8 n PROPER-T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E. Fitzgerald,Jr. 631-734-5800 Revised January 9,2009 n9 F/ogts _ZY , Mattit k FL000 Cree - _cl2 -- --- ---------------------� -- -� - - - -.- '-- °4- --- -- -6 - - - - --- - ------- -5:4 / --- -- ---- --------- __�--t 5=-- - - - - - -------- - �s- --- -- - ---- ---- -----3 -------=----- -2:4 ---- / - /�--- - -- - -------- =.k0� / PROPOSED DOCK - - - ---- ALW----- _._ __ -oB ---ALW __ , S.ALTERNIFLORA +++++ �rl r S.ALTERNIFLORA AHW .. Tie Ilne '+xa..:.................. - ----- . . AHW -_. HNU"I -- v - - Tidal Welland Nov—_ \\ - - - -- 2k - Rx-Boundary 2005 - - - - � � . Fox Ir- APPROX EDGE OF BANK 0j', 1000-140-1-23.1 LI SOUND OYSTER LLC 781 MILL ROAD RIVERHEAD,NY 11901 'Y 1000-140-1-8 DONJAYAMAHA 243 MAIDEN LANE MATTITUCK,NY 11952 _ - 1000-140-1-7 RITA M.PONSIGLIONE 4i . .� o ,\K_ Ph410 link- Pence (�hi jr MAIDEN LANE MATTITUCK,NY 11952 .r +� q 10 9 n� 0A J"c / SCALE:1°=30' CORPS OF ENGINEERS DATA a~ STREET ADDRESS OF PROJECT SIT p 2� PURPOSE:Cbnslruct fixed open walkway,hinged E: CC � 243 MAIDEN LANE ramp,and floating dock for privets recreational � Purposes. l.:.Jqq e w MATTITUCK.NY 11952 Qom? DATUM:MLW IN:M t ituck Creek AT:Mattituck COUNTY:Suffolk STATE:New York OF PROJECT PLAN D Application regarding the property of 4-1 Don Jayameha,SCTM#1000-140.1-8 A � Represented by PROPER-TPERMIT SERVICES n P.O.Box 617,Cutchogue,NY 11935 ^0 / James E.Fitzgerald,7r. 631-734-5800 Revised March 17,2008 -5-2009 04:20P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.1/9 Proper-T Permit Services P.O. sox 617,Cutchogue NY 11935 Phone: 631-734-5800 jefitzge@suffolk.lib.ny.us Fax: 631-734-7463 FAX MEMO DATE: 3/5/09 TO: Lori Hulse,Esq.—Assistant Town Atton key FROM: Jim Fitzgerald SUBJECT: Don Jayamaha,243 Maiden Lane, Matti uck SCTM#1000-140-1-8 Mr. Jayamaha asked that I fax the attached copy of DEC Remit No. 1-4738-03687/00001 to you. Pages attached: Eight cc: Mr. Jayamaha(by fax, no attachments) MAR-5-2009 04:20P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.2/9 New York State Department of EnvIronmenta/ Conservat on Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 1 1 7 90-3409 AM Telephone (631) 444-0372 Facsimile (631) 444-0360 Alexander a. erannis Commissioner January 16, 2009 Mr. Don Jayamaha 243 Maiden Lane Mattituck, NY 11952 RE: 1-4738-03687/00001 Dear Permittee: In conformance with the requirements of the S ate Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions at d special conditions contained in the permit to ensure compliance during the term of the peimit, If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be c nspicuously posted at the project site and protected from the weather. Sincere] , Claire K Werner Enviroru nental Analyst CKW/ls Enclosure MAR-5-2009 04:20P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.3/9 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSE14 VATION Facility DEC ID 14738-03687 PERNUT Under the Environmental Conservation Law CL Permittee and Facility Infori nation Permit Issued To: Facility: DON JAYAMAHA JAYAMAHA PROPERTY 243 MAIDEN LN 243 MAID E LNISCTM# 1000-140-1-8 MATTITUCK,NY 11952 MATTITUCK,NY 11952 (631) 804-8717 Facility Application Contact: PROPER-T PERMIT SERVICES PO BOX 617 CUTCHOGUE,NY 11935 (516) 734-5800 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village. Mattituck Facility Principal Reference Point: NYTM-E: 707.111 M-N: 4541,087 Latitude: 41°59'40.9" Lo gitude: 73°32'15.6" Project Locadon: 243 Maiden Lane-Watercourse-Mattituck C k Authorized Activity: Construct 4'x 83' catwalk, Tx 20'ramp an J 6' x 20' float. All work must be in accordance with the attached plans stamped NYSDEC approved o 1/15/09. Permit Authorization Tidal Wetlands- Under Article 25 Permit ID 1-4738-03687/00001 New Permit Effective Date: 1/16/2009 Expiration Date: 1/16/2014 NYSDEC Approval By acceptance of this permit, the permittee agrees that the peri nit is contingent upon strict compliance with the ECL, all applicable regulations, and all cc nditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Perrr it Administrator Address: NYSDEC REGION I HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RI STONY BROOK,NY 11790 -3409 Authorized Signature: Date L/'L4�2fi0 Page 1 of 5 MAR-5-2009 04:21P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.4/9 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSEIR VATION Facility DEC ID 1-4738-03687 Distribution List PROPER-T PERMIT SERVICES Marine Habitat Protection CLAIRE K WERNER Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage 2. No Construction Debris in Wetland or Adjacent Area Any ebris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in w tlands and/or protected buffer areas. 3. Use of Treated Wood The use of wood treated with pentachl rophenol or other wood treatment not specifically approved by the department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters, 4. No Floats,Ramps In Vegetated Tidal Wetlands Floats and r Imps may not rest on or be stored in any vegetated tidal wetland. 5. Float Installation The float shall be installed only at the apprc ved location with a minimum water depth of 2%2 feet, measured at apparant low tide. 6. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit,nor shall issuance of this permit 3e construed to suggest that the Department will issue a permit for such activities in the future. 7. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit,modification, or amendment). Page 2 of 5 MAR-5-2009 04:21P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.5/9 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSEE VATION Facility DEC ID 1-4738-03687 8. 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 adjacent property line, c.. interfere with navigation, or d. interfere with other landowners riparian rights. 9. Notice of Commencement At least 48 hours prior to commer,cement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 10. Conformance With Plans All activities authorized by this p rmit must be in strict conformance with the approved plans submitted by the applicant or applicant's igent as part of the permit application. Such approved plans were prepared by Proper-T Permit Services 1 ist revised 1/9/09. 11. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized,or if, in the opinion of the Department of Environmental Conservation it shall cause unreaso able obstruction to the free navigation of said waters or flood flows or endanger the health, safety or well are of the people of the State, or cause loss or destruction of the natural resources of the State, the owner ay be ordered by the Department to remove or alter the structural work, obstructions, or hazards cause thereby without expense to the State, and if,upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be cor ipleted, the owners, shall, without expense to the State, and to such extent and in such time and m er as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacite of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 12. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 13. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicants all, without expense to the State, and to such extent and in such time and manner as the Department of nvironmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York nn account of any such removal or alteration. Page 3 of 5 MAR-5-2009 04:22P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.6/9 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSEP VATION 10 Facility DEC ID 14738-03687 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site o r facility, including relevant records, is subject to inspection at reasonable hours and intervals by an autho ized representative of the Depaitment of Environmental Conservation (the Department)to determine w ther the permittee is complying with this permit and the ECL. Such representative may order the work uspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Departme is representative during an inspection to the permit area when requested by the Department. A copy of this permit,including all referenced maps,drawings an special conditions, must be available for inspection by die Department at all times at the project site or acility. Failure to produce a copy of the permit upon request by a Department representative is a violat on of this permit. 2. Relationship of this Permit to Other Department Orders ai d Determinations Unless expressly provided for by the Department,issuance of this permit does not r iodify, supersede or rescind any order or determination previously issued by the Department or any of th terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal,modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal,modification or transfer granted by the Department r aust be in writing. Submission of applications for permit renewal,modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The Epounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c, exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material chang in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; Page 4 of 5 MAR-5-2009 04:22P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.7/9 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 14738-03687 e. noncompliance with previously issued permit conditions, c rders of the commissioner, any provisions of the Environmental Conservation Law or Togt lations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERNUTT EE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agree to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents("DEC") for all claims, suits, actions, and damages, to a extent attributable to the permittee's acts or omissions in connection with the permittee's ur dertaking of activities in connection with, or operation and maintenance of, the facility or facilities au orized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent a tributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions nai aing the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any, itizen suit or civil rights provision under federal or state laws, Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contrac ors, employees, agents and assigns of their responsibility to comply with this permit, including all specia I conditions while acting as the permittee's agent with respect to the permitted activities, and such Dersons shall be subject to the same sanctions for violations of the Environmental Conservation Law those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, apprc vals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work noi does it authorize the impairment of any rights, title, or interest in real or personal property held or vest in a person not a party to the permit. Page 5 of 5 MAR-5-2009 04:23P FROM:PROPER-T SERVICES G31 734 7463 TO:7656639 P.8/9 PROPOSED FLOAT PROPOSED FIXED OPE N WALKWAY 8'X 20" 47 X 83',DECKING A MI IMUM OF 3.8' PROPOSED HINGED - ABOVE VEGETATE GRADE ' FOUR 8-d.(NOMINAL) RAMP Y X 21Y PILES SECURE LOAT AHW I „ ,nji ---=--------- - -----1— - ------ ALW E E[i31iNG GRAD 2 I a and 77X= A 4W DIEMOATALW, ALW ,I I . I ' PILES THROUGHOUT . MATERIALS TO BE USED I WALKWA SPACED 8't o.c.EXCEPT LESS II I.MOST SEAWARD BAY ALL DIMENSIONAL LUMBER TIMBER, AND PILES ARE CCA-TREATED WOOD. DECKING IS OPEN-GRATE,NON-WOOD. ALL HARDWARE IS GALVANIZED STEEL. THIS INE IS INTENDED TO BE 8' SEAWARD OF Ti E S. ALTERNIFLORA. FIXEE WALKWAY SUPPORTING MEMBERS LAND VARD OF THIS LINE WILL BE 4X4 DI- MENE IONAL LUMBER . SUPPORTING MEM- BERS SEAWARD OF THIS LINE WILL BE 6"d. (NOM NAL) PILES. NYGDEC 'APPROVFD AS PER TERMS AND CIONDITUaNS OF . PERMIT NO.1 -V738-63�8 00001 .. VATH��E - .. SCALE: 1"= 20' CORPS OF ENGINEERS DATA SECTION VIEW PURPOSE: Construct fix d en walkwa ,hinged Application regarding the property of e open Y �g Don Jayamaha, SCTM#1000-140-1-8 ramp,and floating dock for primate recreational Represented by purposes. PROPER-T PERMIT SERVICES DATUM:NILW P.O.Box 617,Cutchogue,NY 11935 IN:Mattituck Creek, . AT:Mattituck James E.Fitzgerald,Jr. 631-734-5800 COUNTY: Suffolk STATE:New York Revised January 9,2D09 MAR-5-2009 04:23P FROM:PROPER-T SERVICES 631 734 7463 TO:7656639 P.9/9 - � Blest Qt' I THIS LINE IS PERPENDKIULM TO T O tJ•. - MAIN CHANNELOIREC7LYIN FRON70F THE SUBJECT PARCEL,AND IS INCLUDED TO ASSIST ST IN INDEIERMININOTHB'VYIDTH 'AVRII,FA OF CREEK'AB PER THE gOUTMOLO TOWN CODE. ' FLOOD free e --- h- =---------- — sue- --i 7 - - -6-- ---------- -sd,' -- --- -=---- - - -- r -•--.---- _--�3p-----'______--_ --- ------------ 3i9 _ —2A(E%TRApOLATED)--___� /+•t•B1' _ O_y_ ---- '-2:4 PROPOSED DOCK '- • FIXED WALKWAY 4'x83'WITH / OPEN ORATE DECKING • . •::. . HINGED RAMP 3'x20' • FLOAT e'x20' 'qrl/., _ Thar — •' . • FOUR S'd.(NOMINAL)PILES SECUREFLOAT � ----- •�A - I Q' -&VI . - THIS LINE I3 INTENDED TOBES'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 g'd. Y +11 r Y S.ALTERNIFLORAp i (NOMINAL)PILES. S.ALTERNIFLORA 4f y� .�j .yam Wi Y �.;�. AHVV . Tlp Ilnn •••..........L........... AHW .. HWM - Tlclal Woklnnd NOV 5 �` Ar BIt H R. Fox I 1000-140.1-23A U BOUND OYSTER LLC - 701 MILL ROAD ' RIVERHEAD,NY 11001 ,f 'r •, Jr ]APPROVED AS PER TARMS DON JAYAMAIIA AND wNDnvowa oP, 243 M14DEN LANE MATTITUCK,NY 11052 /k rP.wuT gam' —Jr� ch0111 link. r . ' �•. 666 —r— . . mr - 1000-ua1-T - . N > _K— RITA M.PONSIGLIONE y MAIDEN LANE /. Nor Tb s(114. 243 MAIDEN PROJECT SRE / J? k 243 MAIDEN LANE 1 LD P8 Onn3MRROSDATA / MATTITIICIC NY 11062 _ D PURPOS&Consmct Ned opnw0my.l rd �Y ramp,and R.oling dock rm prlvebraerwloml ,( ptmpoem. DATUM:MLTY IN; B Croak AT.M dJuk COUNTV•snbB: BTATR.W.w Ydh ?4s. PROJECT PLAN Applkedoe mgmding the pmPQRY or r� Dam Joyamtm SCTM NIODD•140-1-e wracmw by PROPER-T PERMIT SERVICES P.O.Box 617.Cmabogm.NY 11935 Jomm IL F11s4enld,Jr. 631-734.3g00 Revised January 9,2009 • Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 25, 2009 President Southold Board of Town 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: The length of the fixed open walkway is increased from 55' to 83'. C) This change resulted from extensive consultation with the NYSDEC. The discussions with that agency were required to resolve concerns about the insuffidient water depth in the docking area of i s/ 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. Sincerely, b r1a,A E. itzger JL cc D Jkyumiaha.I David Falkner, Esq. a subsidiary of TLJC DCrY1plll" CACTCG�I r`r1DDr1D dTIr1N New York State Departme of Environmental Conservon AM of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0365 • FAX: (631) 444-0360 gable Website: www.dec.state.ny.us Alexander B. Grannis Commissioner November 21, 2008 Don Jayamaha 243 Maiden Lane Mattituck, l`iY 11952 Re: Application91-4738-03687/00001 Jayamalra Property, Maiden Lane, Mattituck Dear Mr. .iayamaha: The Department of Environmental Conservation (DEC) has completed a review of your application for a Tidal Wetlands permit to construct a dock, ramp and a float, and we have 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 1 e perpendicular to the dock (parallel 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 there is a minimum of 2.5' of water at apparent loNv water on the landward side of the float. Seethe enclosed marked up the survey by Robert Pox (in pink) which shows the acceptable dock configuration. The seaward side of the float will be located 50' from the low water 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 described above and submit 4 copies of revised plans to my attention. Please do not hesitate to contact me at (631) 444-0372 if you have any questions. Sincerely, Claire Werner Environmental Analyst cc: Proper-T Permit Services file Suffolk,NY,2003-2004-1000-140-00-01-00-008-000,243 MAIDEN LN, MATTITUCK NY 11952-3201,Shea: I r oil r I >4ti �l I I ' 1 �� TOWN OF SOUTHOLD P`*OP! STREET 2L4 VILLAGE L,G-yt /,drfd �r. FOJR,MER OWNER N / F�Ce vf� S W. ZES. ! U SEAS. VL. — FARM COMM. I It �-LAND IMP. TOTAL DATE REMARKS Vh)7dl IJL 6 O a �,l6 �' • Lam_ ! f°� ems . N . NEW NORMAL BELOW ABOVE FRONT) Farm Acre Value Per Acre Value FRONTf 'illabre 1 BULKHI illable 2 .DOGE illable. 3 — q� /oodland tT vampland •ushland Ouse Plot i l i R rtal TOWN OF SOUTH€LD BOARD bF TbWbt' TRUSTSES Pursuant to the provisions of Chapter 615 of the: f a n ' 3$j •of the State: of New York end- Chapter '44* ©f ,.th I'p*s of.2952 of floe State of New York and In accordance v5 th tie .resolution .of the Board of Trustees of the Tovzr of Southold a_T*4ptsd ..aV 4 meting of said `poard 'held. on: 4ii akW 14 amrsideration of the sum of ; TMU Dollars ;W2,00) : laa}ful money of the United Sta tes t paid by ThMo a. Ree-- v��—r r'stding at Maiden bane,, Matt tuoxf Now Irk,'. the said Board' of Trustees of the Town of Southold9, Suf'falk County, New York} hpr'eby aukhorixes and permits said Thomas B. Reese,, forerect &I dock and float on his property on Matti"tuck Greek with the agreement that he attach the float to the end of the dock with a! ramp connecting the float to the dock, otherwise according submitted to the planst/wtith the application. The said Thomas B. Reeve, as part of the consider stion for the issuance of this permit does hereby release the staid Board of Trustees and. the Town of Southold f'robi any and all damagest claims for damages or suits that may arise or occur d; rsetly .or indirectly as a result of any operation carried on wader and pursuant to this permit,, and will at his ovn expense,, defend aa7 and all wits which may be brought by third gartEes as a result of any operation carried on pursuant to or in accord- ance with the terms of this permit, and assume full liability v$th respect thereto to the complete exclusion of the said Board S v1 f THIS PERMIT is subject to the following terms and conditions: Tbat there shall be no unreasonablo interference with navigation as a result of the work herein authorized. Met tuore shall be .no interfarenee'. with the night of thw publie tics pens ;and. 'repass along that portion of the beach between low and high water .mark. That ,the work.. shall be subject to .the supervisor and approval of the- said Board of Trustees or its agents. IN WITNESS Taf RS OF, the said Beard of Trustees of the. Tevn of Southold has caused its: corporate seal to be here- unto affixed And these presents to be subscribed by a *ajority of :the said Board of Trustees , the day and year above written. L-all s e , e LS) _ T aim.. LB) STATE OF "W YORK) SS: COUNTY or SUFFOLK) q ON this 3n day of A `"" `� 19581 before :me personally appeared F®mons Dean, of dreenport .Y. ; Philip Weiler of orient, N.Y. ; Alvah B. Goldsmith? of Aouthold, N.Y. ; h Jon'Ma'Nulty, of Laurel, N.Y. and Frank Dawson.) of New Suffolk, W;Y. , all personally known to ape, who, being By me duly sw©rn, severalJ7 said that they each. resided in the town of Southold% 'County of Suffolk, State of New York, and 'were s'r`' 'L• —'^� i� �._'-.`} — +'-"^�x..t t pA P .� 'yam a. s'�',�, , 1� ':; _± - y :`F w' • aMw ner' I M' rr �. i. 1 -'- 1y Fi��� ✓. x4't � y , � ,��j. t : �`'` 'rS'�341. k N'c+ V U,� Wrri."�7' h Board Of Southold`: Tovv� " .Trustees � r SOUTHOLD, NEW YORK ' ' * " ` w it PERMIT NO 93 0.. DATE: T1. 1373 `� .Zrt� g�i 7 .. +t� ISSUED TO Thomas B €R t Reeve Pursuanf to the provisions of"Chapfer 615 of"the Laws of , + the State of New York, 1893; and:Chapter 404 of f fh .:A' Laws oe "State of- New York 1952;'and ''the, Southold Town 70i•dinance. en- 1 titled "REGULATING AND.THE PLACING OF OBSTRUCTIONS rt IN .AND 'ON TOWN WATERS AND PUBLIC LANDS': and if6e REMOVAL OF SAND, GRAVEL OR OTHER' MATERIALS FROM LANDS UNDER .TOWN, WATERS;'!':::and in accordance wifh:`thg ` r � , Resolution of The Board adopted at a meeting held on May 7 .. • " t fy Ci and in consideration .of the sum of $ 10 00 Thomas B. Reeve Par by ' d �t 1 of Maiden Lane, Mattituck, N. Y.'. and subject to the + � ` Terms and Conditions lisfed on the reverse "side hereof'. ;ti of Southold Town.Trustees authorizes and permits the'•.foflowingt' s 1.1kAt. zi r, ; Extend existing dock".50 ft. by 2?.i t. so that it will reach high water in,Mattituck: Creek', off i rs' �. Maideri ' Lane, Mattituck, New York (Total length eft a z of dock ,will' be 76 ft --Original. Permit No.43) , L a + ' till -in accordance with the detailed specrfrcafions as presented in.. I 7�r tt+i the originating applicafion i +� � �4n IN;WITNESS WHEREOF, The said Board of Trustees here by causes its Corporate Seal.th be' affixed, aril these ppresenfs io; . 1. : be.subscribed by d'inalonty of the said Board as of this date. ' t ur <C ,+�� " ,,,� f//f r r wo ., ' kilt qj'JF. 4r€�,a F�.'.. {'r d, .,. .:.. .• .;:, s'r':.L�.F'-.f.'./�'����+� �f_f.�f`YtC i'•,,;�-�- :1��,/��{„y�_O��t'A!" „'_�+T •l^,T_YI ) / it I�i y s �VP • a77 . IRS* N • I {, vi I i 2 A �4r (� 930 ' 797.3 `r So retr c F k �,Sfr " � I FAoat Fit 3J? e Top r1 Azia D%* x *pot too s�� I • 2f tx12 da4L- #zit )) f 10' x Pd'x 3' i i i �1 .FloatFit 4 Sg.,P I Side vt,� 9• x 5'z �t Sq. 0 Ali i tZ9 sq.�t. ZF' x Z�tse j .c/yziax � - -- -- °"e'°`e" Jayamaha / Matt-a-Mar _ 8/7/2006 4 04PM VP KI Map Layers "� ,es:.,,�•, ,r�"• '"u '="'' "' � .� f � Transportationfm\ ��,"Interstate&Major , , a H19hWdY5 r .��x 0 100 200 .r e - 7' d r ,xy�4 h �f C yy55 S� e$ t M d qq"fy 4r � �I i httn://��rwwl.nyskisstete.ny.us/print/indr�.cfht 8/7/2006 MAIDEN243 • .,! - Maps .. !• I of I Address Maps : e , w g ' : » 2 < < w » 2 http://maps.google.com/maps?hl=en&tab=wl , ,. . - �- -•���• Page I of 1 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) jr c, 0.y W ct'm .�4 ai DOCKAGE sx. BOAT BASIN 4 SIT `W m YV 8 .I, sx vv http://www.mattamar.com/slips.html 04/10/2009 4mi' }' �. Board Of Southold Town Trustees Y SOUTHOLD, NEW YORK t+ «- =a,� PERMIT NO. -OT3 DATE: Nov. 3, 1999 , ISSUED TO ALI AGARABI f 4ti�t Pursuant to the provisions of Chapter 615 of the Laws of 1 the State of New York, 1843; 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 M' REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;If and in accordance with the f 'a, Resolution of The Board adopted at a meeting held on ` 19 49.., and in consideration of the sum of _ _ paid by Iv s All Agarabi for Matt- A-Mar, Inc. t Mattituck y of N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: l •� (.nnstrurl v boat bv.In at be s> theasl 1r rynat b ru. ill I" IG 900 Si. It ith 1n cr µc �a IS t< he . ,Lw of - lti5 f Ilrmti I luck:;. n (. ate,! 'It r nnl IS cl n ryrx�cl sn '7v and nin(i u'hi�.h ''ll he u5ri l� rca:c I . It the cx=f 7 side f r cl_m backkil ]]] all In a fnr nev bulkhcal urz .votn ll cendltlon lhal a Ing is kept of e&ented In l /J the OrIC tile at pimp- .t f tl _ year )000 and submll Trustee$ �;. the 'l 1 of the }r-tr IN WITNESS WHEREOF, The said Board of Trustees here- ` by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ,I q F o ,. :� Trwslees �� k Applicant: Matt A Mar Marina Wickham Ave./middle Rd. Mattituck, NY 11952 Office: NYS DEC Building 40 SUNY Campus Stony Brook, NY 11794 (516) 444-0365 Contact: Darleen M. Gerbino SEQR: 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. http://www.dec.ny.gov/enb2000/20000112/reg l.html 04/10/2009 ENB Region I Completed Applications 01/12/00 Page 3 of 3 A Structural-Archaeological Assessment Form has been completed. The proposed activity will not have any impact on SHPA: registered, eligible or inventoried archaeological sites or historic structures. No further review in accordance with SHPA is required. Last Filing Date: 01/28/2000 Project Southold Location: 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 '550 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 ramps 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 Suffolk, Tax Map No. 1000-114-03-01 on Mattituck Inlet Creek. Article 25: Tidal Wetlands Permit: Section 401 - Clean Water Act: Water Quality Certification Article 15, Title 5: Excavation & Fill in Navigable Waters Permit ID: DEC-1-4738-00306/00011 �� R I A- , ul1 � �°v1c f4rdr� S)u3s 1' sysR' R a! ?aiatenar�c 5 ur .-I-AT PO Box 952 mA 24 Manna 631298-4739 Sq SY[r�Qt�l�l �;, s tvYn7s .4ftrrYl+'' -- Rr'(1tPYt I �A �► II 1 11` General Code E-Code: Town of Southold, NY Page I of I 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] Whether 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; 17] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass(Zostera marina)and widgeon grass(Ruppia maritime)or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation, [91 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 [121 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-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=0452_A&... 5/6/2008 New York State Department of Environmental Conservation DIVOlon of Environmental Permits, Region One Am SUNY @ Stony Brook,50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 • FAX: (631)444-0360 game Website:www.dec.state_ny_us qW Alexander B.Grannis commissioner July 20,2007 James Fitzgerald Proper-T Permit Services PO Box 617 Cutchogue,NY 1193S_ Re_ Application#1-473 8-03 6 8 7/0000 1 Jayamaha Property,Maiden Lane, Mattituck Dear Mr.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 comments. The department objects to the current proposal because your client's application fails to meet standards for permit issuance pursuant to Tidal Wetlands Land Use Regulations(6NYCRR Part 661) as explained below. Department 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 department believes that propeller dredging,propeller turbulence and turbidity plumes would continually chum 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 will 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 control,cleansing ecosystems, absorption of silt and organic material,recreation,education, research or open space and aesthetic appreciation. We also find that the proposed dock does not meet the standard for permit issuance pursuant to Part 661.9(b)(1)(iii). Specifically,the proposal is not reasonable and necessary taking into account that reasonable alternatives exist_ A boat maybe anchored on a mooring buoy and M"d 8Z:9T 200Z Y Inf 09i0VV17 %9:x23 SiNd3d NMI(1N3 33GSAN Page Two accessed from the shoreline using a dinghy or the boat may be stored at an existing marina in the surrounding area Please do not hesitate to contact me at(631)444-0372 if you have any questions. Sincerely, Claire'Werner Environmental Analyst cc: D.Tayamaha File £O'd 8Z:9T LOOZ OZ lnf 0920btibT29:x2J Si Nd3d NOKAN3 :)3QShN Proper-T Permit Service$ / 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 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$50 is enclosed. If there are any questions, or if additional information is needed, please call me. Si4es rely, E. Fitzger, r. 4 cc: Don Jayamaha David Falkner, Esq. a subsidiary of THE PECONIC EASTERN CORPORATION ex�at/ng /ogEs mov tk F�ooD Cree/ r,.�'ls -- =---=12 ----- --=6.4- -------------- 7_ -- ---- - - ----------- 5_4 /_ �.`. - -5:8 5- -- - - - - - - ------ -- -- - -------------------- - 5.o- - -- ------------o --- - 0 4 - 46 - - - - - - - -- - '0:6 -0:9� / PROPOSED DOCK S.ALTERNIFLORA �i 1++++l+ t�leI r S.ALTERNIFLORA AHW .. Tle line ----------.------- .>< -----AHW HWM v Tidal Westland NOV-- ��� - - --- X_Bouncl rl � 2005 - - - - - R. Fox If-05 APPROX EDGE OF BANK - y 0%- 1000-140-1-23.1 yak LI SOUND OYSTER LLC 781 MILL ROAD RIVERHEAD,NY 11901 1000-140-1-8 h DONJAYAMAHA 243 MAIDEN LANE MATTITUCK,NY 11952 a. ' 1000-140-1-7 RITA M.PONSIGLIONE MAIDEN LANE k�, link, Fences� arm_ chain I (/frT� MATTITUCK,NV 11952 10 QR70 / SCALE 1'=30' / CORPS OF ENGINEERS DATA j- STREET ADDRESS OF PROJECT SITE: �= PURPOSE:Construct fixed open walkway,hinged ramp,and Floating dock for private recreational 243 MAIDEN LANE purposes. MATTITUCK,NY 11952 �Q� DATUM:MLW Q IN:Mattituck Creek AT:Mattituck COUNTY:Suffolk STATE:New York PROJECT PLAN Application regarding the property of Don Jayamahe,SCTM N1000A40-1-8 Represented by * 4S' PROPER PERMIT SERVICES ,vJrp n P.O.Box 617,Cutchogue,NY 11935 Imes E.Fitzgerald,Jr. 631-734-5800 4• Revised March 17,2008 CORPS OF ENGINEERS DATA PROJECT PLAN Combiner open,walkway,hinged Application regarding the property of PURPOSE:Co SE/n P Y g Don 3ayevuhe,SCTM W 1000-140-1-8 rypp,and timing dock for private recreational Represented by OF$ Purposes PROPER-T PERMIT SERVICES DATUM:MLW P.O.Box 617,CPtcbogue,NY 11935 i IN:Mepitock Creek AT:Matiituck James E.FOgemld,Ir 63J„-134}g00 ...�.r.. Ae COUNTY:Suffolk STATE:New York '^Revved September.20,20061 MattitOk Greek 0� NOV 1 4 2006 - -- /_-�-----T---- -----------1:2 6•q-_ - _ -- ------�5� s- - - ----- ------ s:b --- ___-. _-____54„____-_ ------ t- --5------ - --------- ---- -------- ------------- -------------- — „ ---go- -� -_.-a.o=---=4 ---------------- -- - -- - ------------ -O:9 q___-__. _�_ ____ -__ __iW_ _________-_o ` __- - / tall op Inter-Tidal + 'j�- Inter-Tidal Marsh Marsh J i, Tie line - h along HWM ...... Hpqm NOV Tldal P•IeLland ? x_Boundarryyby 2005 \ / lu R. Fox If-OS k / h h x chain link Fence of tl�j . (0?A (W Iglnal hwm �x %. APPROVED P.Y BOARD OF TRUSTELJ / V / TOWN OF SOUTHOLD j DATE j>/8 o C ^0 } p OF NTT _ A. T .des rDft#- New York State Department of Environmental Conservation Division of Environmental Permits, Region One Am SUNY a Stony Brook,50 Circle Road, Stony Brook, NY 11700-3409 Phone: (531)444-0365 • FAX: (631)444-0360 Iftle Website:www.dec.stafe.ny.us qQW Alexander 6.Grannis commissioner July 20,2007 James Fitzgerald Proper-T Permit Services PO Box 617 Cutchogue,NY 11935_ Re: Application#1-473 8-03 6 8 7/0000 1 Jayamaha Property,Maiden Lane,Mattituck Dear Mr.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 comments. The department objects to the current proposal because your client's application fails to meet standards for permit issuance pursuant to Tidal Wetlands Land Use Regulations(6NYCRR Part 661) as explained below. Department 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 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 ofwater 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 will 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 control,cleansing ecosystems, absorption of silt and organic material,recreation, education, research or open space and aesthetic appreciation. We also find that the proposed dock does not meet the standard for permit issuance pursuant to Part 661.9(b)(1)(iii). Specifically,the proposal is not reasonable and necessary taking into account that reasonable alternatives exist A boat may be anchored on a mooring buoy and 70'Cl sz:9T 1007. 07, inr 09E0bbbT29:x23 SlIM3d NOKAN3 03QSAN Page Two accessed from the shoreline using a dinghy or the boat may be stored at an existing marina in the surrounding area Please do not hesitate to contact me at(631)444-0372 if you have any questions. Sincerely, Claire Werner Environmental Analyst cc: D. Jayamaha File cn*A R7:qT )nn7 n7 Tnr ngCRhhhTMX24 SITWA-AA wnATANR 'TTSAN • gyFF41/f 41 0 Donald Wilder,Chairman 0 Town Hall,53095 Main Rd. Lauren Standish,Secretary W P.O.Box 1179 G Southold,NY 11971 '✓<'fJOl �aa 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 TX 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 lames F. King, President ��OF SO�lyO Town Hall Jill Al. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson lx[ P.O. Box1179 Southold,New York 11971-0959 Dave Bergen G C John Holzapfel Telephone (631) 765-1892 1 C' UNTi Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO:_ ho r% ACt f l ct lave cc Please be advised that your application dated I S- has been reviewed by this Board at the regular meeting of (o and the following action was taken: ( ✓ ) Application Approved (see below) Application Denied (see below) DEC 1 1 2006 ( ) 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: xk Fees ItlLt� inS�t%cfiC�t - S� ,� C� i��k 30,'X 7 �= ISM �3�iF, � L1�u T IsS d� 6LSNAd4, " C'0 � 0a l ti. r 3' ,c _Y_1' 1J�ck ( ees `k I adb 6'x 7' = j 2t 3 r 30 TOTAL FEES DUE: $�I BY: James F. King, President / C�L 1 G Board of Trustees James F. King, President �aOF SUUpyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G .John Holzapfel %� � �� Telephone(631) 765-1892 ly�p� 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 % constructed v 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 paid by Don Jayamaha and subje to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: 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 Trustees 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. CA UEFA - c AL I� TERMS 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: 1. 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 or 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. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. 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. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President `�QF S�U�yO Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179Southold,New York 11971-0959 Dave Bergen G John Holzapfel � �� Telephone(631) 765-1892 IyPVull Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 23, 2006 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 ap icp icp it o`n-on ugus 23 22006;a which ime aninteres�ersons were given an — opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, i 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 ng President, Board of Trustees JFK/hkc James F. King,President ��OF so yo Town Hall Jill M. Doherty, Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson # Southold,New York 11971-0959 Dave Bergen o Q John Holzapfel Telephone(631) 765-1592 29, COU Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated I S has been reviewed by this Board at the regular meeting of o and the following action was taken: ( ✓ ) 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: Dxk Fees I nCk� i�sP�c�i�n - sz ,UO D,:,ck 3g �trSk C�ti� 6)rl fia, � SD • o 3' -1 -)0' _ TOTAL FEES DUE: $ U sY � IW� BY: James F. King, President Board of Trustees James F. King, President ��OF SOUlyO Town Hall Jill M. Doherty,Vice-President ,�O �� 53095 Route 25 Peggy A. Dickerson Box 1179 Southold,, N Neew York 11971-0959 Dave Bergen CIO Q ',tn Telephone(631) 765-1592 Cow, 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 1 s` day of construction /z constructed Project complete, compliance inspection. Y r T} N L "••a ' Isom d James F. King, President ��OF SOUTyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson # P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen G C John Holza fel �� Telephone ( 316 76576 5-1892 P OCOUNTI,NFax AZ BOARD OF TOWN TRUSTEES y���� � /TOWN OF SOUTHOLD ��A e Q �/`�-?�� Southold Town Board of Trusteesi4L��K' h'�1 �- -�f Field Inspection/Worksession Report Date/Time: Name of Applicant: Name of Agent: T I 2r (� ( / Property Location: SCTM# & Street 2 �, A-,/4 Cn /u64-[ LL 121- 3 Brief Description of proposed action: )� + /7 - - T�of 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: \,,16hapt.97 _Chapt. 37_other Type of Application: _✓Wetland_Coastal Erosion_Amendment_Administrative _Emergency Info needed: �,f 13 vv, Modifications: S Conditions: Present Were: ✓ xing _ .Doherty_P.Dickerson�D. Bergen_J.Holzapfel Other: Mailed/Faxed to: Date: l_J,� �Q�gOFFO(,�c Telephone Town Hall (631)765-1892 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. -r : 2006 Field Inspectio y, . : 2006 Field Inspectio M Telephone Town Hal] (631)765-1892 _ Z 53095 Route 25 O yC P.O.Box 1179 Southold,NewYork 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 i • PHOTO A: Looking NNE. Pink-flagged stakes mark the landward end of the proposed fixed walkway. (1/10/06 at 1445 hrs) r PHOTO B: Looking WSW. Pink-flagged r stakes in foreground mark landward end of proposed fixed walkway. (1/10/06 at 1450 hrs) =r. PROJECT SITE PHOTOS 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 January 25.2006 �¢EEr ORE6ON nRx N R _ w � � CAPTAIN KIDv . x� " + 84 ESTATES EAST TTITUCK THE AREA OF THE PROPOSED a 4� PROJECT IS CIRCLED u v Y r n y^^9 a xr'z zs MATTITUCK 0' n 11952 a� N CONSERVAT/OR Cµ .g�•N A/RPORr LAUREL .LAUREL00 IRE C� M¢rr¢tooka Pt _\O 1194 tAa� MRHiiuL Y.L. R.o. or RneR \ 0 w Nf CORPS OF ENGINEERS DATA VICMTY 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 Nay A M 5 11 THE SITE OF THE PROPOSED ' 5 PROJECT IS SHADED `d,la 9 9 o� Y N; 6y0}� ♦ Y b• l Cy ti� 9�F a ti^ N O � LM1 Y ,r a 2 2 \\ ey s opF �d4. 41M1 y>J fi 10 q1 PEE VeSF�(,`µo q1 6 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 41000-140-1-8 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 6 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF SO(/ly�lo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR rn 54375 State Route 25 GEORGE D.SOLOMON p� u (cor. Main Rd. &You Ave.) JOSEPH L. TOWNSEND 1p ..A� Southold, O C�U0,� Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town 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 O$UFFO(�C • Q�. � Town Hall James King,Vice-President �`Z` Gy 53095 Route 25 Artie Foster o P.O.Box 1179 Ken Poliwoda o Southold,New York 11971-0959 Peggy A.Dickerson Gy � Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only oastal Erosion Permit Application _Wetland Permit Application _Major _Minor _Waiver/Amendment/Changes i'Received Application: !1191-Jolp wReceived Fee:$ Completed Application / _Incomplete SEQRA Classification: _ Type I Type II_Unhsted Coordination:(date sent) --CAC Referral Sent mate of Inspection: _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: public Hearing Held: Resolution Name of Applicant Don Jayamaha Address 243 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 streets, and location) AGENT: James E. Fitzgerald, Jr. /Proper-T Permit Services PO Box 617 I�SY� Cutchogue,NY 11935 631-734-5800 00ard of Trustees ApplicatV GENERAL DATA Land Area(in square feet): 21 , 719 Area Zoning: R-4 0 Previous use of property: Single-family dwelling Intended use of property: Single-family dwelling P 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. Bard of Trustees ApplicatA WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Provide access to the water for private recreational purposes. Area of wetlands on lot: None 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 result 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 b A Iicant 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 Suffolk 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 ramp 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 IN VICINITY 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 permitiapprovals: Southold Trustees,NYSDEC,NYSDOS,USACoE 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes 21 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 TIFY THAT E R TO VIDE AB E IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spon rname: James E. a Rent Date: 1/25/06 Signature: If th ction is in the C tal Area, and you are a state aency, complete the oastal Assessment Form before proceeding with t9is assessment OVER 1 Reset STATEMENT TO THE SOUTHOLD BOARD OF TOWN TRUSTEES County of Suffolk ) State of New York) I, Don Jayamaha, being duly swom, depose and affirm that I am the owner of the property located at 243 Maiden Lane,Mattituck,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 free from any and all damages and claims arising under or by virtue of said pernut(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. �� Do Jay and a Sworn to before me this ..JV........ day of.s€'t?. i Cl ... 200.ff.7 Notary Public Notary Public, State Of Of New York No. 01 MA5087393 Qualified In Suffolk County Commission Expires November 3,0S 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 swom, deposes and says that on the 6 h 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. �C J s E. Fitzgerald J . Sworn to before me this day of VCbMrkk ,�) 200 . Notary Public SOME W. MAYiA ERM NOTR3>' 3 Y.0 Date: February 6, 2006 TO: 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 Javamaha, 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. 2. 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 3. 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. 4. 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: Don Jayamaha MAILING ADDRESS: 243 Maiden Lane Mattituck, NY 11952 PHONE NO.: 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 Pointe Regatta Drive Cornelius,NC 28031 1000-140-1-23.1 LI Sound Oyster LLC 781 Mill Road Riverhead,NY 11901 o P I I. - ao' Surveyed:11-25.05 SCT#1000-140-1-8 x�0s,6 Tj, ,� N Situate:Mattinmk ��„•3,S„Or AD, x e Town:Southold g4,� y w Suffolk County,NY +..\ Datum:Low W er U &J%P4,t J�� c� W a•s°�c,\,\ Tide Range:5 N \ t\, Certified to: ro M ,1- S Don Jayamaha as' \ 4A, .°6� \ CSy ti/�. Reference Deed: N ri tQ'a __- ' Z \ \OxIC Rir�rx �E'h L 11767 P.843 Y� r10 Al 0 p0 xe c a tO e( \ T N H4��2\ \ ph ���� ,� dso • exist <w'9 isi�_ 2 '^9 tom'' k ono, 239 e `�srZ i Cross Section �- �O Proposed Timber Dock all materbH Ramp 4'x 16' 4'x W(min.3.5'abv.gr.) Man cpprwea IHt - &Float 6'x 20 y m� ___ < jfPrs Inter- 2FoT1Gal �1 H.POx (28_- Fbsh aOaEU Sate]NV3 PB C P 0 BOX N 53B enL, 8'O.C. I'' PIVENHEAD,NY piles ��— 43-M�2-9-9390 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 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. Fitzgerald, Sworn to before me this day of 2006. Notary Public BSfrmir, 14. MIWATMRo 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 Proper-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- tituck, and designated by Suffolk County Tax Map No. 1000-140-1-8. Sincerely, D nJ • APPLICANT • TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on [lie 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. --A7Ar7P'iNA YOUR NAME: J-a a, 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. YES 140 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, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 0 day of 4 + 0 5 Ste: Print Name: o J amaha v Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 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 the application for a permit to construct 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, ames E. Fitzge Jr. 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 I 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. PES ❑ 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. [/YES ❑ 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. VYES ❑ 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. YES ❑ NO ❑ NOT APPLICABLE It is intuitively obvious that the likelihood of the structure 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. VYES ❑ 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 Protect and restore the quality and function of the Town of Southold's ecosystem. VES ❑ NO ❑ NOT APPLICABLE Although the shading resulting 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. N(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 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. 1 ES ❑ 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 V(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 W<OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters. ❑ YES ❑ NO VOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. ❑ YES ❑ NO WNOT APPLICABLE This policy is not applicable to the proposed project. CORPS OF ENGINEERS DATA PROJECT PLAN ekj Application regarding the property of / Stj� PURPOSE: Construct fixed open walkway,hinged Don Jayamaha, SCTM#1000-140-1-8 j 9 Fj raJpp,and floating dock for private recreational Represented by A/ �"Its purposes. PROPER-T PERMIT SERVICES DATUM:MLW Y.O.Box 617,Cutchogue,NY 11935 Z IN:Mattituck Creek AT:Mattituck James E.Fitzgerald,Jr. 631-734-5800 COUNTY: Suffolk STATE: New York Revised September 20,2006 � � V MattitU/ck � NOV 14 2006 / p0 -- - - - - - - - - - - - - -=7:2 6;4 - - - / - - - - - - - - - - - - - - - - - - - - - . , -5:8 - - -- - - - - - - - - - - - - -- - - - - - --- t �5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - / - - - - - - _ -- -3- _ - - - -2:4 46 - / -O;6 -O:q/ Oq- ---- - / - - - - - -L-VI/- - - - - - - - -o - - - 0 - - - - - - - - - - - - - - - - - Inter-T�dal t, Inter-Tidal 11' Mallsh Marsh Y ` Tie line Lh along HWM - - - - - - - - - - - - - HWM Tidal Wetland NOV �- x_ Boundaryy byy 2005 L mj R. Fox I FOS n k k • k 1 k chain link fence Uf�n�? along>( original hwm _� x--x-___x_ 0 + a`� APPROVED F / BOARD OF TRUSTLL' ° TOWN OF SOUTHOLD k (n(b F ,TE Aa/ 06 Q G nPI fD / SEi q�ZO�o6