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TR-4379
Glenn Goldsmith, President ®F S®(��� Town Hall Annex ®q� ®� 54375 Route 25 A. Nicholas Krupski,Vice President P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples � y� Fax(631) 765-6641 COUNTI,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 13, 2024 Town Creek LLC PO Box 806 Southold, NY 11971 RE: 2200 HOBART ROAD, SOUTHOLD SCTM# 1000-64-3-4 Dear Ms. Battaglia: The following action was taken at the Southold Town Board of Trustees regular meeting held on Wednesday, June 12, 2024: RESOLVED, that the Southold Town Board of Trustees APPROVE the request for a Transfer of Wetland #4379 from William Penney to Town Creek LLC, as issued on October 28, 1994, and Amended on April 30, 1997, and an Amendment on October 15, 2008, with the condition that the two existing floating docks not�exceed 6'x20' or 120sq.ft in total each as per Southold Town Code Chapter 275-11 C(2)(a)[11]. If you have any questions, please do not hesitate to contact this office. Sincerely, Glenn Goldsmith, President Board of Trustees GG/ec "-James F.King,President \\OF 5011 Town Hall Annex Jill M.Doherty,Vice-President �Q �� V 54375 Main Road ' Peggy A.Dickerson P.O.Box 1179 " Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio,Jr. Telephone(631) 765-1892 fy Fax(631) 765-6641 ,BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD� February 18, 2009 , Mr:Joseph Battaglia 28 Wilton Rd. Cold Spring Harbor, NY 11724 RL- ' 2000 Hobart Rd., Southold SCTM#64-3-3 Dear Mr. Battaglia: It has come to our attention that the dumping of debris has been occurring along the p east'corner of your property„within.100' of tidal wetlands.-(See highlighted area on attached survey.) Please be advised that in accordance with the.Town Code, Chapter 275 Wetland & Shoreline, no person shall conduct operations on any area within Trustee jurisdiction (275-3C) without first obtaining a written permit therefor issued by the Board of Trustees as hereinafter provided and only while such permit remains in effect. Therefore, all dumping within 100' of the tidal wetlands must stop immediately in order to avoid further action by this Board.. Thank you verymuch for your cooperation. Sincerely, ')am^es7 King, President Board of Trustees JFK:Ims Cc: William Penney, 2200 Hobart Rd., Southold Southold Town Bay Constables Scott Hilary, LWRP Coordinator James F.King,President QV SQUT�o Town Hall Annex Jill M.Doherty,Vice-President h� l0 54375 Main Road Peggy A.Dickerson P.O.Box 1179 Southold,New York 11971-0959, Dave Bergen G ' Bob Ghosio,Jr. % �� Telephone(631) 765-1892 l�COU '� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 18,,20Q9 M'r. William Penney 2200 Hobart Rd. Southold, NY 11971 RE: 2200 Hobart Rd., Southold SCTM#64-3-4,_ 'Dear Mr.,Penney: It has come to our attention that dUmping of debris has been occurring along your property in the area adjacent to your garage,,within 100' of tidal wetlands. (See highlighted area on attached'survey.) Please be advised that in accordanQe with the Town Code, Chapter-275 Wetland & Shoreline, no person shall conduct operations on any area within Trustee jurisdiction (275-3C) without first obtaining a written permit therefor issued by the Board of Trustees as hereinafter provided and only while,such permit remains in effect. Therefore, all dumping within 100' of the tidal wetlands must stop immediately in order to avoid further action by this Board. - Thank you very much for your cooperation. Sincerely,' James F. King, Preident Board of Trustees JFK:Ims Cc: Joseph Battaglia, 2000 Hobart Rd., Southold Southold Town Bay Constables Scott Hilary, LWRP Coordinator ANY Test Boring TMrmOFI LCTinn • EXCEPT AS PIER SECTXW T10� rmzj 8Y MCOON41 AIMON ARE VALO FOR TME HAP AND GaWf GEoSCLENCE � 9/2,6/95- 2400 pm.- A=rXA4LLY To C41MiY WITH SMD Lyth TIE TAW'AL-10M OARk ARO 81 f A WO OE UM 8Y ANY AAV ALL� A00 S�f.TY L S �19Rraf�iMT�TO,DA7�NOT lV CQIMSt IAatI>CE LAM. LOAMY .�Ja. NOTE: 5U8SURFACE SEWASE O 3' DISPOSAL SYSTEN DE SI 4 _y BY; JOSEPH F(SCHE � > PALE , '7 HOBART ROAD � M SOUTHOLD,N.Y.I I" � COARSE" �o• ►►' (516) 765-2954 c SAND 0 PALE ,[ *''^ ut p rr SAS ���� a jf ` v• \V a ��` " •• a r HfUH 17DECALCUL477ON �C' 'r FOR 9/22/95 NEW LONDON H10H TIDE AT If;28 PLUS CORR. OF 0144 PLUS 0100 : 1412 OR 2'12 PM ti �ecaE0rY7Enalas a` ,� f 'f' 0 VIP a h or A�l IV .�1 q ♦; a mid`'' gyp• ,�Q / �i ' �• � � � pr •t33 a It ' f♦� O 1 po + s ZE 77 `0 0 Ta q� ryt��• �`�'r_�o. c/2`u'PIS a► Qg H•Y,��� r, tib. .o• `�. � A. \t �};}� � � ,09 ya ♦�e� V i,�' � �`i •v Q 1 t IV tC> ' too �• rat �° r` 0 N � ��� Oti hg° pi-wcie a a` # `*•v a - +fi 3rx Y° L.P. Iry a � NOT SYTEM TIE ALONG BULKHEAD . �p4 SEP-TIC S E CROS, IIE AND H.W.M. ELEVATIONS ARE REFERENCED •�+�O� `� '�� TO N.G,V.D. fR� 41;• �� �� �' SQ. FT. + N'as' y�o„ SURVEY OF PROPER' AREA = 35, 112 u Or a 8061 aa, to tie tfte is.3p, W. AT SOUTH OLD TOWN OF SOUTAOL CERTFIECT Ta SUFFOLK COUNTY DE NES, MICHAEL JOSEPH LEAHY � �E. P NANCY KELLY LEAHY .��'u�.►t•Nr7ay a'P¢ FIDELITY NATIONAL TITLE INSURANCE 1000 064 03 ti * COMPANY 02 } NEW YORK SCALE I" = 30' Aug. 199 may 9, 2W Iaddlifomi �^ a-to•9S :Pvri�•7j'st�.n Jtx Y 10, 2000 (rifYIs m 1 4 ,y 0. 4$$1$ //'/3-95 C/, wwwceoc. 10-3-AS TEST jKmm AAOm (631J 65 - 5020A*AX (6311C 766- IMr LOT RUMBERS REFER TO ."SUBDIVISION MAP n n nnt� nnh OF FCUPIDFg4 ESTATE'S"FILED MAY 10. 1927 Page 1 of 1 Standish, Lauren From: Hulse, Lori Sent: Monday, December 01, 2008 11:17 AM To: Standish, Lauren Subject: FW: penny From: Kruszeski, Frank Sent: Saturday, November 01, 2008 1:04 PM To: Hulse, Lori Subject: penny Lori Don checked on Penny's dock. It has been reconfigured. Lieutenant Frank Kruszeski Patrol Lieutenant Southold Town Police Department 41405 State Route 25 Peconic,New York 11958 12/4/2008 6I,',-IflA6— 6rAPAC:rj:-z P"POSIBI rgvp, (Av'atling 4ock for FAvalj N . UN cmg if 3PRTM ivi ty UDU MOW Ld ea MU� REM TOM Z lip, ro AISTI D A CD LO Q� 00 w CIO 41 4F 41 AO Min 4? 1 / IT ffpl-� % 11% . ? vmw 04m,;D FFS'sus"E, ro�mvma,mTg ME. A! FIN 04 LO RUM AM -E MIT11 Oqe1t* VQ-iWqr::Ab PL4X LO 09 fiq mme ME. 1 41, Two MK ou ftil C(A-Ml L IROAA,2, EV T 04 RIP Co WA=bam irzwdmg tim propelty a (S) f PNR=kmvT= PROPH 4J K 0 I%f 1r,"L j;Y Fj- Imes R.vitwpiq �n!143LO k I Apt lfv !M EREN-g Ly.WAS APPROVEDIN THE Mucum,P&wn-s-. ATE:THIS PAodrar PtAm m.nmAnign ec ik.-r— i ; J U L 1 8 2008 I MON James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 15, 2008 Mr. William Penney 2200 Hobart Rd. Southold, NY 11971 RE: 2200 HOBART RD., SOUTHOLD SCTM#64-3-4 Dear Mr. Penney: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., October 15, 2008: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit fl4379 to allow a floating dock "Jet Dock", attached to existing docking facility, with the condition one of the two existing 6'X 20' floating docks is removed within 15 days from the receipt of this letter. Failure to comply with the terms and conditions of this permit will result in the issuance of a violation by this Board. This is not a determination from any other agency. Sipcerely, ~.Doherty ~' I/Vice-President, Board ot Trustees JFK:lms Cc: Southold Town Bay Constables Lori Hulse, Town Attorney SENT VIA CERTIFIED MAIL Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD President, Board of Trustees AJK: hkc November 16, 2005 Mr. William Penney 2200 Hobart Rd Southold, NY 11971 RE: 2200 HOBART RD., SOUTHOLD SCTM# 64-3-4 Dear Mr. Penney: The following action was taken by the Southold Town Board of Trustees on Wednesday November 16, 2005: RESOLVED, that the Southold Town Board of Trustees DENIES the Amendment to Permit # 4379 for an existing detachable floating dock, for the following reasons: As per Chapter 97 the Wetland Code of the Town Code, only ONE 6x20 float is allowed per residence. The application is INCONSISTENT with the LWRP. The Board requests that the float be removed within 30 days of this resolution. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Very Truly Yours, Oct. 13,2005 Field Inspection Telephone (631) 765-1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12, 2005, the following recommendation was made: Moved by Don Wilder, seconded by Jennifer Mannino, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the application of WILLIAM PENNEY to Amend Permit #4379 for the existing detachable floating dock. Located: 2200 Hobart Rd., Southold. SCTM#64-3-4 The CAC recommends Disapproval of the application because the existing docking facility currently has two floats. A third float would add unnecessary coverage to the underwater lands. Vote of Council: Ayes: All Motion Carried Albert J. Kmpski, President John Holzapfel, Vice President Jim King Maxtin H. Gan'ell Peter Wenczel Town Hall 5~095 Main Road · P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD APRIL 30, 1997 Proper-T Permit Services Box 617 CUtchogue, NY 11935-0617 RE: William Penny SCTM9 64-3-4 Dear Mr. Fitzgerald: The following action was taken b~ the Southotd Town Trustees on Wednesday April 30,1997, at their regular meeting. RESOLVE~ that the Sou~h~ld Town Trustees granta permission to transfer permit 9's 4590 & 4379 from Michael J. Leahy to William Penny, and also to amend permit %4379 to change configuration of dock from 3'x 26' dock, 3'x 16' ramp, anal one 6'x 20~ float straight out to a 4'x 40'.dock, 3'x 16'ramp, and two 6'x 16' floats in an "L" configuration, three 2 - pile dolphins, and twostorm poles. This approval does not constitute approvals from an~ other agency. If you have any questions, please feel free to contact our office at 765-1892. SINCERELY. ALBERT J. KRU~SKI JR. PRESIDENT, BOARD OF TRUSTEES AJK/djh Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO...~77 ............... DATE: Authorization Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter ~0~ of the Laws of fha · State of New York 1952; and the Soutkold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS end the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance wltk the Resolution of The Board adopted afa meeting held on 19..:~.~.., and in conslderatlon of the sum of $..~.?~.~?O paid by ........ of .....~.~ ......................................................... N. Y. and subject fo ~ke Terms and Conditions llsfed on the reverse side he.of, of Sou~kold Town TrusSes authorizes and permits +he following: ~d a 21' X 24+' 2 story ad~on; a 15' X 44' deck at re~ of house; alS' X 41' Conservatory on the southeast side of the house; a gambrel roof added to e~st~g boathouse; a ~4.5' X 22.4~ dormer on g~age, .a 3. X~/ doc~ 3' X [~' r~p, and ~ 'X all in' accordance with 'the aerated specification~ as printed in 30~ ~e originating application.~. ~o~t. IN WITNESS WHEREOF, The said Board o~ Trustees ~r~ by causes its ~rporete Seal to ~ e~xed, end these presen~ to be subscribed by · m~jorlty o~ t~ said Board es of this date. ............. NOTES VEGETATEI) WETLANDS BOUNDARY DELINEATED BY JAMES E. FITZGERALD. J~, ON. 10/25/g~, PROPERTY AREA COVERAGE: EXISTING 15% PRO~OSEI) 21% ,~ OF SOUTHr (~ R.E~VE EX 8Tt~G g~OD [~CK. REPLACE ~1~ Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO.. 45c~) Pursuant +o the provisions of Chapter 615 of the Laws of the State of New York, 1893~ and Chapter ~ of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on ..~-:~. ~2. ....... 19...~6.., and in consideration of the sum of $..l~O.,g.0.. paid by .... P.r~p.er~,T..Per~,,.Se.~ ..on. ,b~h~l~..~! ~,..L~ ............ of N.Y. ~nd subject ~o the Te~ms ~nd Conditions llsfed on the reverse side hereof, ol Southold Town Trustees authorizes snd permits ~he ~ollowlng: To construct ~thln 18" of e~st~g function~ b~khead, 113 1.f. Of bulkhead ~d place approx. 15c.y. of bac~l. Current grade ~Ls~-?t~m~d~d a 10' non-turf buffer ~ be placed behind the bulkhead. all ;n accordance w;+h the detailed specifications es pre.hied in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate. S.e. al to be effixed, and these presents to be subscribed by a malonty of the said Board es of this dat, e. THE SITE OF THE PSOPOSED PROJECT IS CROSS-HATCHED Application'No. suffolk County Tax Sheet of Oct ]1, 1994 NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE' OF VIOLATION Date: ~ ~ l .~...~ To: ~/'~'~,~/~;',~,_, ,d~ ~ ~ y (~ncr or authorized agent of owner) Address: ~ ~ ~ ~~.~ //~7/ (Address of o~r or author~ed agent of o~cr) Please take notice there e~sts a violation of the ~dc of the Town of Southold, Chapter 97 Article II, Section 97-20 a premises hereinafter described in that You are therefore directed and ordered to comply with the following: on or before the 02. ~' /d_ day of Oc- ¢. ,20 ~'~. The premises to which this Notice of Violation refers are situated at: Z.,zoo I-lo&,--~ d/ IV? %wn of Southold, Suffolk CounW, ~ (Suffolk CounW T~ Map Designation: Dist. 1000 Section: ~ Block: g ~t: ~ ) Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both: NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Oerk of the Trustees within 10 days a~er se~ice of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such notice of viola- tion should be modified or rescinded. fBay Constable, Tdx/'n ~,~outhold, NY 1, Agency 7. RepOrt Day g Rep~'( Time 20. City, Stete, Zip(~]C [] 1' [] V) 30. Race 3 I. Ethnic 32. Handicap I Juv.-NO Custody [] Arr~t -Juv [] Offer<let Dead [] Extrad DeClin 0 UnknOwn ~3205 (2/97) *FALSESTATEIVIENTSAREPUNSHABLEASACRIME PURSUANTTOTHENEWYORKSTATEPENALLAW Attn: Mr. James F. King Southold Town Trustee Southold Town Hall 53095 Route 25 Southold, NY 11971 JOHN D. STRODE Attorney At Law 214 Roanoke Avenue Riverhead, New York 11901 631-72%2322 Fax 631-7274736 July 17th, 2008 Re: William Penney Tax 1000-64-3-4 BY HAND Dear Mr. King, Per the disposition and stipulations set forth in open court, my client is enclosing application you requested so that one of the current floating docks on his property can be replaced by the "boat float" now also on his property. It is my understanding that the trustees will address the issue of "boat floats" at a future date. Once the floats' status is determined, the current floating dock (mentioned above) can then be returned at which time Mr. Penney's use of his boat float shall be in accordance with any rules and regulations promulgated by the trustees. The July 1 lth Order of Judge Price contemplates the above being accomplished within sixty (60) days of the signing of the Order. Thank you for your time and courtesy in this matter. cc: Lori Hulse - Southold Town Attorney Judge William Price William Penney Very truly, yours, ///' ~ ,;/ · joh r rode $outheld, New¥ork 11971-0959 Telephone (631)765-1899 Fax(63~) 765-$64] BOARD OF TOWN TRL'STEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WETLAND PER_MIT ~DRESS PROPERTY LOCATION l~oa=d of T~us=e~s Application Cour, rv o~ Suffolk. St~t~ of New Yo;k DEPOSES AND AFFIRM &T FfE/SHid IS 1'.W6 APPLICANT FOR T~ ~OVE DESC~ED PERMIt(S) ~ND T~T ~LL STATEMENTS CONTenD TRL~ TO T~ ~EST OF ~S~ ~NOWLEDGE ~ BEL~,F, A~ T~T ~L WORK W~L BE DO~ ~ ~ ~R SET FORTH ~ T~S APPLICATION ~ AS MAY BE APPRO~D BY TI~ SOUTHOLD TO~ BO~D OF TRUSTEES 'FF~E APPt,ICANT AG~ES TO HOLD T~ TOWN OF SOUTHOLD A~ T}~ TO~%~ TRUSTEES ~k~ESS ~ F~E FROM ~Y A~ ~L D~AGES AN~ CLA.LMS ARJSINO UN~ER OR BY %~T~ OF S.~ PE~IT(S), ~ G~LW~D. ~ C0~LETrNG THIS A~PI.ICATION, I [~BY AUTHOR~E 'r~ TRUS~S, T~.~K AOENT(S't OR ~E~SENTAT1VES(S), TO ENTER ONTO MY PROPERTY TO FNSPECT P~MISES ~ CONJUNCTION %2TI-I KEV~W OF THIS ~PLICATICN SWORN TO BEFORE ME THIS, Jim King M/~rdn H. G~I ~ We~c~el EAST END CAMPERS BOARD OF TO',%~ TRUSTEES TOWN OF $OUTHOLD Town Hall 5309~ M~in P.O. Box I179 ~outhold, New York Tek'~bo~ ;~I6} 7~$-1892 Fzx (516) 765- I$23 .~TL 30. ~997 ?ro~r-T ~er~i~ Servioe~ Box 617 Cutch~e, ~ [L935-0617 SC~% 64-3-4 Dear Mr. Fitzger&l~: The follo~img action was taken bT the southold T,c~n Trustees o~ Wednesday Ap=iL 30,1997, at their regular meeting. RKSOLVED t~at ~he Sout~1ol~ Town Truateee gra~ta perm~z~.ion Willia~ 9en~, a~ also =o ame/lct ~er~it ~4~79 to oha~ge ccn£fguratton of d~ok from 3'x 26' dock, 3'x 16' ra~n1~, an~ one 6'x 20' float ~traight o~t to a 4'x 4~' dock, 3'x t6'ramp, and ~wo 6'x 16' floata in a~l "L" co~f~9~ra=io~, three 2 - ~le dolphina~ an~ twomtorm polea. This a~xoval does not con$=itute a~rovalz from any othe:c agency. office at 765-1892. ALBERT J. KRUI~KI JR. PRESIDENT, BOARD OF TRU'J~E,R 87/i5/2003 14:25 EAST Ei'$ CAMPERC3 Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PEEMIT NO. ,~S?.9 .... DATL:: OCT: ~,~ ~ f ~ ISSUED TO ..,,~,~,1 .~A~.~. ..................................... Pugs-eft+ ~o +he pro,ls~ens o~ Chafer 615 o~ ~e ~w~ of S~efe ef ~w York 19~2; and ~e S~kdd Town Ordi~a~ filled "RE~U~TING AND 1HE P~OIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS end REMOVAL OF SAND, ~RAY~ OR OTHER ~AT~IA~ ~NDS UNDER TOWN WA~RS;" and in accordance Resolute'on of T~ Bea~d adop~d afa meeting held an, 19 ~., end ~ consid~at~on o? fhe Sum of $,~,~9:~,~, . pe~d Te~s and ~ndlfions ~ed on ~e reverie side he~, of So~o~ Te~ Tru~ees ~ut~ri~s a~ permi~ +he ~ a gl' X ~4+' Z story ad~t~on; a 15' X 44' ~eck o~ ho=se; a 15~ X 41' Conservatory on :he southeast side of the house; a gambrel roof added :o e~sfing boathouse; a Z Z~.4~ ,do.er on ~ra~e, ~ 3, X~/ doc~ 3r X ~&' ramp, and ~0~ · · IN WITNESS WHEEEO~ ~e ~e~d B~rd e~ T~ees ~r~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: October 17, 2005 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Proposed Amendment of Wetland Permit for William Penney SCTM#1000-64-3-4 WILLIAM PENNEY requests an Amendment to Permit #4379 for the existing detachable floating dock. Located: 2200 Hobart Rd., Southold. SCTM#64-3-4 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. It is my recommendation that more information is necessary to make a consistency recommendation, specifically: 1. Will the floating dock be removed in the off-season? 2. If it is to be removed, have the applicant define the removal dates. 3. What is the draft of the vessel(s) proposed to be docked at this location? 4. What type of timber (treated or untreated) will the float be constructed out of? 5. What is the proposed size of the float? Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 SOUTHOL ?I~l!/DU~7'~ S~:P 28 APPLICATION FOR AN AMENOMEN~ TO A P~ ADD SS,9.aO 0 AGENT ADDRESS PHONE PHONE PROPERTY LOCATION o~OO ~o~96xF'k ~5 t~Octlc~O~ TAXMAPNO. '000- (a Cl -- request an Amendment to Permit Signed By: Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095Route 25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 Fax(631) BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ...... ....................... COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and say: That on the/c9 day of ~t~:. '~ ,_209~, I personally posted the property known as 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. Date of hearing noted thereon to be held ~).. DC~, ]~ ~0~~ ' . Dated: S~vom to before me this P/L day o f Odb~200,~'"- Notary Public f,~R0t B£~1' · Oualif-- PROOF OF MAILING OF NOTICE I~]~' Restrlctoci~ellve ry Fee r-3 :~ndorsement Required) t Total Postage & Fses m $ 0.37 2.30 1.75 $ q ~IT ID: 0971 31er~: KFgCWM ~/28/~ STATE OF NEW YORK COUNTY OF SUFFOLK ~..,~C~t~- [~ ~ { , being duly sworn, d~oses ~d sa~ ~at on the 7~ ~ ~ of qe o~be~, 20 ~, deponent m~l~ a ~e copy of~e Notice ~~Bo~d off. tees Application, dir~t~ to e~h of~e above nm~ persons at ~e ad&esses set opposite there re~five nines; ~at ~e ad&ess~ set op~site ~e n~ of s~d pe~o~ ~e ~e ad~s of s~d pemom ~ shorn on ~e c~ent ~sessment roll of~e Tom ~ Sou~old; ~at s~d Notices were m~l~ at ~e U~t~ States Post Office at ~A .~[4 , ~at s~d Nofi~ were m~l~ m tach ofs~d pemons by Ceffifi~) (re~ster~) m~l. Sworn to before me this Day of~ 20 Notary Public of Trustees Appli, County of Suffolk State of New York k) i~ II1~ ~i~ ~,~ ~ BEIN~ .DULY swoRN DEPOSES AND AFFIRMS THAT HE/SHE I~ TM~ APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN ~USTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ;~RISING uNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vrohibits conflicts of interest on the hart of toWn Officers and emulovees. The oumose of this form s to vmvide information which can alert the town of n°salble c°nflicts °f intere~t and all°w it t° take whatever anti°n is e ss to av id e. ,.~ . (Las~ name, first name, middle i~itial, unless you am applying in thc name of someone else or other entity, such as a company. If so, indicate, the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooting Exemption from plat or official map Planning Other (lf"Other-, name the activig,.) Do you personally (or through your company, spouse, sibling, parent, or child) have a mlatiouship 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 ownemhip of (or employment by) a corporation in which the town officer or employee owns more than 5% o:fthe shams. YES NO ~/' If you answered 'WES", 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 the relationship between yourself (the applicantJagenffrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, o~ Child is (check all that apply): A) the owner of grea~r than 5% of the shares of the conporate stock of thc 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 ~plicant DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~..~__day of O~e~ 200.5~ Signature .~g../->'~ ~-- ....~_. ' - Town of Southold INSTRUCTIONS /i~ ~,! SEP 2 ~ ~005 i~ 3 proposed actions that are subject to the Town of Southold Wa~t~vleW La~. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detaik listine both suooortine and non- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~ (3 0 O PROJECT NAME The Application has been submitted to (check appropriate response): Town Board ~ Planning Board ~ Building Dept. ~ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Location of action: ('~)~©0 ¢%0,f-~- ~) Site acreage:. Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: k/[,)~o./~ ~-- ¢~(xr~e)r~ (b) Mailing address: ~LD~:> ¢o~)(XF~- ~'~) ~'~O~-~/x~[~[ ~cr' [(~r (c) Telephone number: Area Code ( ) ~3[- -~'- (OO g~'7 (d) Application number, if any:~ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No [~ If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No ~//Not Applicable Attach additional sheets if necessary Policy 2. Protect and l~reserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Potties Pages 3 through 6 for evaluation criteria [] Yes [] NoVi-/(~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-] Yes ~-~ No ~Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pa~s 8 through 16 for evaluation criteria [] Yes ~ No~' ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~-~ No~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through[] 32 ~ eval~ criteria. Yes No Not~plicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No [~/Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes~See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No[~LL3 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town/of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ ~ Yes~ No I- I Not Applicable Attach additional sheets if necessary WORKING COAST POLI~S Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations~f/LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No M Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town wa~exs. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~'~ No[-~L-E] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for eval)Pation criteria. [] Yes ~ No~l~l Not Applicable Attach additional sheets if necessary Policy 13. Promot~ appropriate use and development of energy and mineral resources. See LWRP Section III - Polic~esl_cl/65 ihrough 68 for evaluation criteria. ~] Yes ~ No [ ~] Not Apphcable PREPARED BY .~.~ ~, TITLE DATE ~/~-~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD P.O. BOX 1179, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 7006 2150 0003 2987 1948 012H16209170 $05.32_o 10 16 200~, US POSTAGE · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature X r-iAddmssee B. Received by ( Printed Name) C, Date of Delivery D. Is delivery address different from item 17 [] Yes If YES, enter deliver, address below: [] No 3. Sen, rce Type ~fied Mail [] Express Mail [] Registered [] Return Receipt for Memllandise [] insured Mall [] C,O.D. 4. Restricted Deliver~ (Extra F~e) r-i Yes 7006 2150 0003 292,7 1948 PS Form 3811, February 2004 Dernestic Return Receipt Page 1 of 1 Standish, Lauren From: Hulse, Lori Sent: Monday, December 01,2008 11:17 AM To: Standish, Lauren Subject: FW: penny From: Kruszeski, Frank Sent: Saturday, November 01, 2008 1:04 PM To: Hulse, Lori Subject: penny Lori Don checked on Penny's dock. It has been reconfigured. Lieutenant Frank Kruszeski Patrol Lieutenant Southold Town Police Department 41405 State Route 25 Peconic, New York 11958 12/4/2008 DCJS-3205 {2/97) *FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. A 5333 Town of Southold Suffolk County, NY The People of the State of New York vs. ~,/i,~' ~.~ UCENSE OR REGISTRATION NUMBER ~' COT, Yp,.T COPY Albert J. Krupsld, President James King, V/ce-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 755-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 27, 2000 Mr. James E. Fitgerald Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: WILLIAM PENNEY SCTM#64-3-4 Dear Mr. Fitzgerald: The following action was taken by the Board of Town Trustees during its regular meeting held on April 19, 2000 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf oX WILLIAM PENNEY applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 31, 2000 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 19, 2000 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of WILLIAM PENNEY to raise the existing garage and construct new first floor under; no change in existing footprint of structure. Raise the existing shed/boathouse and construct new first floor under; no change in footprint of structure. Add covered porch 10'X 43' on concrete or concrete block foundation. Remove existing wood deck and in same footprint construct 21'X 24' full height addition to house on concrete or concrete block foundation. Add 13'X 41' conservatory on concrete or cohcrete block foundation. Add 15'X 41' wood deck on CCA treated wood posts all with the condition that haybales are placed on the wetland line before any work is done, what is shown as an old wood bulkhead on the north side of the property must be removed, no grading is to be taking place and no fill brought in, and that the septic system on the north side of the asphalt driveway is to be removed. No septic or water service can be used in either of the two garages, which is noted as garage/storage areas or existing shed areas, all as per survey last revised July 10, 2000. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are requt£ed and the Trustees are to be notified upon completion of said project. Fees: None very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms cc: DEC Building Dept. AREA · $5,112 SQ. FT. or Q8061 ac. to tie ~PEcomc ~URV~C. (63D 765 - 502OF'AX (631) 765 - 1~97 SEPTIC SYSTEM CROSSECTION ~.es-,~%o,,,.. SURVEY OF PROPERTY. Ig.~, ,,. AT CEAT~FJEDT TO~ MiCHAEL JOSEPH LEAHY NANCY KELLY LEAHY FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NSW YORK SOUTHOLD TOWN OF SOUTI-'IOLD SUFFOLK COUNTY, N.Y. I000 064 05 04 SCALE I" = ~0' Aug, 30 ~994 3C,'tL,¢-: /"= 40~ PROPERTY AREA COVERAGE: IN FOOTPRINT OF STRUCTURE. AD~) GAH~EL ROOF TO STOR.~GE .~4EO/BOAT HOUSE TO PROVIDE 2~) FLOOR OFFICE GPACE. NO CHARG~ IN FCOTPRINT OF STRUCI~URE. PORCH 10' x zl3' ON CONCRETE AOI) PROJECT PLAN Application regarding thc property of W'flliam Penney, SCTM #I000-64-3-4 Rel)r~ented by PROPER-T PERMIT SERVICES P O Box 617, Cutchogu¢, i, rY 11935 James E Fitzgerald, Jr 516-734-5800 Apn116~ 1997 1 · 800 · JET · DOCK ww~jetdock, com · Corporate Headquarters 9601 Corporate Circle Cleveland, Ohio 44125 216-750-2264 Phone 216-750-2274 Fax Bill Penny May 29, 2007 Southold, NY Dear Mr. Penny. We are very disappointed to hear that you are having regulatory problems with having your Jet Dock at your water site. A brief summary of the regulatory climate as we've experienced it nationwide can be found at http://www.ietdock.com/legislation.asp. In sum, when the Jet Dock modules are being used to buiM or create a marina or boat slip structure, many jurisdictions require a permit, and that permitting process may prohibit the application or dimensions desired. However, when the Jet Dock modules are assembled into a design as a floating boat lift which is simply tied-up to an existing dock structure, a permit is rarely required and outright prohibition is unheard of. The Jet Dock modules are made from hi-density polyethylene. They are completely non-corrosive, non-hydroscopic and sal~ to the environment. See http://www.ietdock.com/pdf/MSDS.pdf. They require no poisonous bottom paints, have no rusting metals or greased gears, and are used without the need tbr chemical-soaked pilings or evasive dredging. The use of the Jet Dock system also obviates the need for boats to have poisonous bottom paints, and removes greased metal outdrives and painted hulls from exposure to the water. Environmentally, the Jet Dock system provides a net benefit to the seascape. We have experienced no city, county, state or environmental organization that has cited the product for its physical make up in any way. The Jet Dock design is unobtrusive and orderly. Instead of lifting your boat up in the air or dangling il from davits where it can block your view or be unattractive, your Jet Dock is floating at water's level, safely dry-docking your boat just above the water's surface. This leaves your watercraft looking as natural as possible at your location. The modules are black, blending in with the Iow-angle reflection of water which is also black. We have experienced no community to ever regulate the product based on its aesthetics. In fact, many condominium associations, marinas and yacht clubs have mandated that the Jet Dock is the REQUIRED method of dry- docking since the system is so unobtrusive to members and their neighbors. The Jet Dock mooring requires no alteration or modification to the existing dock structure. Unlike traditional construction-type lifts, no pilings are driven, no reinforcement of the dock or seawall is required, no concrete footer is poured, and no electrical conduit lines are run. We have experienced no regulation of the Jet Dock by any jurisdiction based on its effect to the existing site structure. In sum, when used as a floating boat lift tied-up to an existing dock structure, we know of no instance in which a jurisdiction has declared the product prohibited. We also know of no law ever written that supports such an interpretation. I would be very curious to see the statute upon which your city is relying to prohibit your Jet Dock, or the basis upon which your permit was denied, if in fact it was. It would not surprise me if a strained reading of a pre-existing, non-applicable construction boat lift or dock building permit process, together with its building and zoning-type regulations, is being applied to restrict your freedom to own these products. Feel free to forward the regulations for our review. Regulatory agencies need statutory authority to make their decisions. They cannot substitute their own subjective interests for the will of the people. I would recommend that you carefully scrutinize the regulatory authority which they claim to be using to disallow your use of the Jet Dock at your home. If after reviewing your analysis on the regulations they still proceed to deny your use, ! would recommend you proceed to your city counsel to pass a law specifically regulating the products. For these rare instances, a city counsel or legislature can enact a law designed specifically to address the treatment of these products. (See http://www.jetdock.com/legislation.asp for a discussion of a Florida state statute setting forth criteria for exempting Jet Dock systems from local jurisdictions' regulation of them as if they were wooden docks or pile-driven boat lifts). If your city does not have such a law - and I sincerely doubt they do -- perhaps now is the time to seek one out. If I may be of any further assistance, please feel free to contact me. Very truly yours, W. Allan Eva, Esq., VP May, 2002 Notice to Florida Residents Regarding Jet Dock Systems Governor Signs Legislation Exempting Jet Dock® Systems From Permitting in Florida Waters Thank you for your interest in Jet Dock drive-on docking systems. There is some very exciting news for Florida residents about a new statewide law becoming effective. As you may know, there have been conflicting reports about a need for a permit in Florida waters for Jet Dock floating boat lift systems at your residential dock, marina or condo slip. Last month, Governor Jeb Bush signed into law SB 508 exempting certain uses of Jet Docks and providing for a General Permit for others. A copy of the Bill is attached. SB 508 becomes law on July 1, 2002. The Florida Legislature also passed a nearly identical Bill, HB 1285, which may go into effect earlier, in mid- May, depending on when it is signed by the Governor. The effect of the two Bills is the same. This legislation was drafted in a collaborative effort between the Florida Department of Environmental Protection and the industry lawyers fi.om Hopping, Green & Sams in Tallahassee. SB 508 was unanimously approved by the House Committee on Natural Resources, the Senate Natural Resources and Senate Comprehensive Planning, Local and Military Affairs, and by a vote of 38-1 on the floor of the Senate and 112-0 on the floor of the House. The Law regulates the use of Jet Dock systems in Florida waters, exempting only those Jet Docks that are being used as boat lifts and not to create new boat slips. Size and location limitations are also set, and vary depending on whether your waters are Aquatic Preserves, Outstanding Florida Waters, man-made canals, etc. If you would like further details regarding whether your site qualifies for the exemption, please contact Jet Dock Systems, Inc. 1.800.JET.DOCK (1.800.538.3625) or e-mail us at sales~jetdock, com Corporate Headquarters ! · 800 ° .1ET ° DOCK 216.750.2274 Fax sa/es@jetdock, com SB 508 Determining if Your Site is Exempt from Permitting for Jet Dock® in Florida Waters Under a new Florida Law, many uses of the Jet Dock system will be exempt fzom the lengthy permit process for new docks in Florida waters. Other uses will require the filing of a General Permit. While the Statute speaks for itself, generally, to be exempt from permitting at your site: A. The Jet Dock must be used as a floating boatlift, not as a floating walkway or finger pier. B. Minimum adverse impacts at your site must be observed. C. The size of the Jet Dock must be: i. Under 200 sq.fi, in sensitive waters called "Outstanding Florida Waters" ("OFW's "). ii. Under 500 sqft. elsewhere, or iii. Of any size whatsoever if wholly contained in a State permitted slip (like in a marina or condo). iv. If none of the exemptions apply, then a General Permit must be filed. The attached checklist will provide the information necessary to determine the exemption. Jet Dock Systems, Inc. will have a lawyer research your qualification for the exemption when you: 1. Provide the completed site checklist to the best of your ability, 2. Sign your Jet Dock work order and provide a credit card for the deposit (your card will not be nm until the exemption is determined to apply). If it is determined that the exemption is not available, you must file for a General Permit. We will hold your order until the General Permit is complete, or cancel the order, at your choice. The General Permit form can be completed by you, or by a lawyer or consultant. All fees associated with a General Permit will be at your expense. The lawyers listed below co-drafted the legislation, and can provide an estimate of their fees upon request. The General Permit will not be available until after January 1, 2003, when the Florida Department of Enviromnental Protection enacts the Rules governing the process. The Legislation will provide a consistent and reliable procedure for ensuring that your Jet Dock is correctly sized and placed at your site, and fully legal in Florida waters. Ail parties involved should be congratulated for reaching this compromise and creating this new and effective streamlined process. Here are the lawyers who helped to draft SB 508: Hopping, Green & Sams, P.A.: Richard Brightman, Esq. 850.425.2341 richardb(~hgss.com Eric Olsen, Esq. 850.425.2321 eolsen(~,hgss.com *No provision of this Procedure is intended to alter the Terms & Conditions in your customer contract regarding your responsibility to comply with all roles and regulations regarding your Dock. JDSI050602 ENROLLED 2002 Legislature CS for SB 508 29 30 31 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 (2) _A ~ permit is not required under this chapter, chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter 25270, 1949, Laws of Florida, aka!! u~c r.:q::ira~ for (g) Floating vessel platforms or floating boat lifts if such structures: 1. Float at all times in the water for the sole purpose of supporting a vessel so that the vessel is out of the water when not in use; 2. Are wholly contained within a boat slip previously permitted under ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 1983, as amended, or part IV of chapter 373, or, when associated with a dock that is exempt under this subsection or a permitted dock with no def'med boat slip, do not exceed a combined total of 500 square feet, or 200 square feet in an Outstanding Florida Water; 3. Are not used for any commercial purpose or for mooring vessels that remain in the water when not in use and do not substantially impede the flow of water, create a navigational hazard, or unreasonably infringe upon the riparian rights of adjacent property owners, as deFmed in s. 253.141; 4. Are constructed and used so as to minimize adverse impacts to submer~ed lands, wetlands, shellfish areas, aquatic plant and animal species, and other biological conmmnities, including locating such structures in areas where no seagrasses exist if such areas are present adiacent to the dock; and 5. Are not constructed in areas specifically prohibited for boat mooring under conditions of a permit issued in accordance with ss. 403.91403.929, 1984 Supplement to the Florida Statutes 1983, as amended, or part IV of chapter 373, or other form of authorization issued by a local government. CODING: Words a~'%kc, n are deletions; words underlined are additions. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 Structures exempt under this paragraph are also exempt from any requirement to obtain permission to use or occupy lands owned by the Board of Trustees of the Internal Improvement Trust Fund and shall not be subiect to regulation by any local government which is more stringent than the regulation provided under this part. The exemption provided by this paragraph is in addition to the exemption provided in paragraph Co). By January 1, 2003. the department shall adopt a rule creating a general permit for those floating vessel platforms that do not qualify for the exemptions provided in this paragraph but do not cause significant adverse impacts to occur individually or cumulatively. The issuance ora general permit shall also constitute permission to use or occupy lands owned by the Board of Trustees of the Internal Improvement Trust Fund. Upon the adoption of the rule creating the general permit, a local government ma'/not impose a regulation on floating vessel platforms covered b'/the general permit which is more stringent than the regulation provided under such permit. Section 2. The Department of Environmental Protection and the Fish and Wildlife Conservation Commission shall jointly prepare a report evaluating the effects of implementing the exemption provisions of section 403.813(2)(s), Florida Statutes, on the overall water quality and aquatic and fishery habitat of waterbodies where the statutory exemptions have been used. The report must be submitted to the Governor and the Legislature by November 1, 2004. The report shall also make recommendations for improving the inaplementation of these provisions. Section 3. This act shall take effect July 1, 2002. CODING: Words g~cl:en are deletions; words underlined are additions. Corporate Headquarters 9601 Corporate Circle Cleveland, Ohio 44125 216-750-2264 Phone 216-750-2274 Fax NaUonal Sales Office 500 S.W. 21st Terr. # AIO1 Ft. Lauderdale, Florida 33312 95~-792-2566 Phone 954-792-7026 Fax :L · 800 · ]ET · DOCK ww~.je~c~, com To: Grove Isle Marina Association From: W. Allan Eva, rll, Jet Dock Systems, Date: February 27, 2003 Re: Florida House Bill 1285; Senate Bill 508, 2002. Permit exemption for Jet Dock in Florida waters. Dear Sirs: At the request of Dr. Mones, from 3 Grove Isle, #1110, and your staffmember Doug Black, we are writing to update you on the status of the permissibility of Jet Dock systems in Florida waters. Attached is a statement issued last summer after the signing into law of two virtually identical bills by Governor Jeb Bush, and a copy of the law. These bills were unanimously approved by each of 3 subcommittees, and on the floors of the House and Senate. In short, the Jet Dock system is exempt from permitting in Florida waters when under 200 sq.ft, in sensitive waters, up to 500 sq.ft, in normal waters, and of unlimited size so long as they are "wholly contained" within a marina-type slip. Dr. Mones is looking to purchase either Grove Isle slip # B11 (35' x 15') or #F2 (40' x 15'), and is looking to place his flats boat on a Jet Dock therein. Once an order is placed for a Jet Dock, we e-mail a checklist verification application to our legal counsel in Tallah~qsee (who negotiated the legislation with the Florida DEP), Mr. Richard Brightman, Esq., Hopping, Green, LPA, 850,425.2341, who then indicates the maximum · square feet allowed for that customer's site. In the case of slips #B 11 or #F2, the Florida law allows the Jet Dock to be up to the size of the actual sl~p, which is substantially more than is needed from Dr. Mones' flats boat. The Jet Dock will only involve about 40% of the slips' dimension. Feel free to review the details of the legislation with Mr. Brightmen, above, or our Miami-based legal counsel, Mr. Cli~' Schulman, Esq., Greenburg, Tmurig, LPA, 305.579.0613. I am also available at the above-captioned toll free m~mber. We appreciate the oppommity to be of further service to the Grove Isle Mafinm The Jet Dock is an ideal way to dry-dock watercraft without blocking the view of your marina members, or altering or damaging the marilla slip infrastructure. The Jet Dock also helps preserve the owner's investment in the watercraft, and eliminates the need to use poisonous bottom paints. Thank you for your kind consideration. ~Cliff Schulmen, ~s, ~ Department of Environmental Protection Twin Towe~ C]ffice Building 2600 I~lair Stone Road ~r~n~ ~. Wec~ere~l M~. Clifford A. Greenk~r~ Traurig was good to meet with you and Hr. Alan Eva regarding ~he Je= Dcc~ System technology which you presented Kirby Green, Janet Llewellyn, Hike Ashey and me. Both y, our presentation and ~Ie system described in =he brochures and video tape are innovative, in=erecting and environmentally friendly. The issues whic~ you raised regarding permitting and uropriet~ righT~ are also Lntmrest/~q. Initially, upon review cf your materials, we believe =hat =he Jet Doc~ syscom =learl~ fal~ ~ ~ aoc~ ~on and should all--ed, wilco= ~ividual p~= aDDlication or ap~ovals, wh~e ~m total s~ace cov~age of ~e =at Dc~ ~d i~ acc~y~g ~ct~mm falls wi~ ~e ~ta~rily ~ist~q dock or ~llsd ~one ~d ~ed solely as a for ~e mour~q ~d bo~q of vessels wi~ou= ~e v~sel on ~ses, ~ addi~onal do~ ~m fuo~ge. On t-he other hand, if t. he Jet Dock ~ystam is installed and used for it's ints/%ded purpose, to physically suppcr~ a jet ski or small ~at on =he floats and out of ~che water and in an legal exietinq slip or as part. of a~ existing legal dock, ma~ina or be =onsidered t~ need a Detroit or proprietary approvals. In making t, his determination we feel the= =he existing moorin~ area =he imps== associated with s~ading, etc., has been also recognize ~t the system affords envLronmental taking boats out of' the water and reducing potential from paint lea=hate and fuel s~ills. "Protect. Ca~er, e and A4anage ~oHda's Environment and Namlat R~ourc~" Mr. cliffor~ A. Schulman o~obe~ 24, 1996 l~ds ~r =o ~cr~asm ~e n~ of a~ilable tulips, wh~ ~e ~ded =m allow ~ ~sion of ~is=ing facili~es wi~ou= ~e ~neff= of a p~= or ~=ion.- A~, ~ you fur yo~ prms~tion ~d if you have ~y D~vis~o~f Envirun~en=al Resourca Permit=Lng 04/10/1998 09:34 3B2~455122 BEACH MARINE E~iVISIE~N OF WATER ~ESOU~CE$ M~. Tom Lewis Beach Ma.tree 635 Highway One Lewes, DE 19958 Dear Mt. Lewis, Thank you for your inquiry, regarding the use of jet dock sysmms in Dehware. The purpose: of this letter is to clarify any permiuing requirern~nt~ associate~ with the use of the~e ss~tems. Simply stated, the~e systems can be u~ed without a permit if they are used in ~sociatien with an ~xisting boar slip or dock. For example, if a person were alread3{ docking their boat at a slip in a manna or at a dock and installed a jet dock system at that location, they would net need a permit from. DN'REC. However, if a person needed to install some type of sumCture ~o support~ne of these system:in order to dock their boat in a location where it had net been d~cked before, they would tlien nccd a perrmr from DNREC. I hope rltis helps clarify Ilxe use of these systems in Delaware. I.f you have any questions, please contain me at 302-739-469 [. Sincerely, _ LL~ura M. Herr Program Manager Wetland~ and Subaqueous Lands Seclion 02 DEPARTMENT OF THE ARMY PITTSSURGH DISTRICT, CORP~ OF ENGINEERS lfflLUAM 5. MOORHEAD FEDERAL BUll rUNG 1000 UBERTY AVENUE. PI'~T~BURGH, PA 15222 Cleveland Jet Dock Systems 4415 Wood Avenue Cleveland, ohio 44134 Dear Mr. Eva, This is in regards to your request for permission to make Jet Dock docking systems available to dock permittees and for commercial installation at Corps of E~gineers lakes in the Pittsburgh District. Due to a literal interpretation of the Corps nationwide Shoreline Management Regulation, ER-1130-2-406, by Corps Rangers who administer the Lakeshore Management Program at Berlin Lake, the Jet Dock was not permitted for use. The regulation states that on all new docks and boat mooring buoys, flotation shall be of materials which will not become waterlogged, is resistant to damage by animals amd will not sink or contaminate the water if punctured. I have reviewed literature that you had provided reqarding the features of Jet Dock Systems. Further I have had input from one of our Area Managers regarding your docks. Ail indications point to the fact that Jet Dock Systems are well constructed, durable, highly portable and environmentally safe amd baser upon your documentation of past and present use, hold up quite well. Also i believe your l0 year warranty speaks highly of your product. The intention of the Shoreline. Management Requlation is not to preclude the use of Jet Dock Systems but rather am attempt to eliminate the past use of 55 gallon metal drums and other similar containers that may have previously contained toxic chemicals. Further it was an attempt to eliminate the use of certain types of flotation that would sink or decompose and create safe~y, environmental and aesthetic nuisances. We are pleased you sought to work with us in a positive, straight forward ma/uler. Based on the information that you have presented amd an onsits inspection of the flotation unit by several of our Resource Managers, I am able to authorize the use of Jet Docks in the Pittsburgh District for private or public docks.. The docks, however, will be subject to meet dock plan lJ2~itations as prescribed by the individual lake's Shoreline Management Plan. White I believe that your docks and flotation system are innovative, versatile, and first rate, it is not appropriate for this approval to serve as a public endorsement of your product. Sincerely, ~ A ~.~hief, Natural Resource Management Branch A'FTENTIOt4 OF D ~,'7~vlENT OF THE ARMY LiT~_E ROCK DISTRICT~ CORPS OF ENGINEERS POST OFFICE BOX 867 L~--FLE ROCK, ARKANSAS 72203-0867 Operations Division Natural Resources Management Section JUN I $ 2003 Jet Dock System, Inc. ATTN: Mr. Dominic Buccieri 9601 Corporate Circle Cleveland, Ohio 44125 Dear Mr. Buccieri: Please reference your letter dated April 2, 2002, concerning use of the Jet Dock System for private boat docks on Lake Dardanelle and other Little Rock District Lakes. It is my understanding that Mr. Michael Dowell, Natural Resources Management Section, has been in contact with you regarding the use of your Jet Dock System. We have reviewed thc literature that you provided regarding your product and also have received additional input and guidance from our Southwestern Division Office. As a result, I will authorize the use of the Jet Dock System on private floating facilities (boat docks) on Little Rock District lakes with an approved Shoreline Management Plan (SMP). This approval is conditional that your system be used as a }~li~lt" inside an existing boat dock slip or as an attachment dock for a Personal Watercraft (PWC). It cann~ be used for the flotation *" underneafl~ the substructure of the boat dock or as an individual drive-on docking system for boats ou~!~!.de of the main boat dock. The system will be~.bject to approval by the Operations Manager, and it must meet the boat dock minimum construction and maintenance plan requirements as prescribed in the individual lake's SMP. Also, I have enclosed a copy of our SWLR 1130-2-48, Shoreline Management at Civil Work Project regulation policy for your information. Appendix F of the regulation highlights the construction and maintenance requirements for boat docks. I will inform my Operation Managers of your website at www.ietdock.com to learn more about your systems. While I believe that yom' dock and flotation systems are -2- innovative and versatile, this letter of approval does not serve as a public endorsement of your product. Please contact Mr. DowelI for further assistance at (501) 324-5673. Encl Si)'~gerely~ Michael E. Miller Chief, Operations Division DEPA.RTMFzYT OF COMMUNITY DEVELOPMENT NATURAL RF-SOURCF_..$ DIVISION 735 3TH STREET $OUTIY, NAPr ~.v, FL .33940 813-43d-4628 FAX NO. 813-434-4652 Mr. David T. Faber, President Jet Dock Systems, Inc. 1085 Bald Eagle Drive, Suite B606 Marco Island, Florida 33969 Ref.: Floating personal, watercraft dock installations in the City of Naples Dear Mr. Faber: I have discussed your product, the Jet DockTM, with Chris Christianson, our Acting Building Official, and with a representative of the Southern Building Code Congress International. They concur that, as long as the Jet'Docks are tied to an existing pier, using fiber or synthetic line, they can be considered a vessel, and will not need a building permit. If they a~e fastened to a pier using a fixed device, including the "Tide Manager," they will need a building permit. As long as the purchaser is not a commercial or multifamily facility, the permit can be issued to the homeowner, as an owner-builder. The homeowner will also have to satisfy any subdivision setback and dimension requirements. I spoke with the Chairman of the Aqualane Shores Dock Committee, and he indicated that their interpretation would coincide with the City's. As I mentioned in my office, you should contact the Pore Royal Property.Owner's Association, because they too have more stringent deed restricticns thsm. cT zoning. Both Park Shore and Royal Harbor have platted dock-limit lines, which restrict the waterward extent of a pier. In addition, there is a circumferential channel around the entire Moorings Bay system, and it cannot be restricted by piers, piles, or moored vessels. The issue is basically one of permanence. If a Jet Dock is fixed in position, it is functionally no different from a floar4~g pier that rides on a pile. The City has to take a conservative position, and not get embroiled in interpretations of degrees of permanence. I do not foresee obtaining a permit as a major impediment, since' piers/docks are included in our express permit procedure. 'Duane Shuttlesworth of Richland drives a Jet Ski onto a Jet Dock on who owns Northwest ,Jet Dock Inc., donated to the Free Willy Kei~- Thursday. The dock is similar to one his wife, Lonna Shuttlesworth, Foundation to taka with the orca to Iceland. Richland dock accompanying Keiko to Iceland ~y Krisfin Alexander A Richland company's generosity will help make Keiko the whale's introduction back into the wild waves of Iceland a little more Dleasant. NorthWest Jet Dock Inc. has donated a state-of4be-art dock so lhe Oregon whale's handlers and researchers can moor their Jet Skis quickly after shuttling from a uearby island to Keiko's sea pen. Keiko, the killer whale that ~.arred in the film F~'ee Willy, is preparing for a transcontinental [light next month from his rehabili- t a~.ion pool in Newport, Ore., to his recalled. Movie helped rescue Keiko ~t~e Ii.raid staff Life magazine published a stm~ Keiko. who now lives at the Oregon Coast Aquarium in New- port, was born in 1977 or 1978 near Iceland. In 1979. he was cap- tured and brought to an Ice landic aquarium. A Canadian amusement park bought Keiko in 1982 and trained him to perforra publicly. The park sold him three years later to an amusement park in Mexico City for $350.000. In 1992, Warner Bros. filmed Keiko in Mexico City for scenes in F?'ee Willy. The movie tells the story of a young boy who befriends a killer whale, then belps set it free. Afl.er the film's release in 1993, revealing Keiko suffered from chronic health problems and his living conditions were inade- quate. Folks began pleading with Warner Bros. to help the whale. In November 1994, the Free Willy Keiko Foundation was formed with $4 million given by Warner Bros., New Regency Productions and The McCaw Foundation. On Jan. 7, 1996. Keiko was moved from Mexico City to a new $'7.3 mill ion rehabilitation center at the Oregon Coast Aquarium. · For pictures and more information about Keiko, see the Free Willy Foun- dation's Web site at www.keiko.org "I think be's lonely. He just loves tile attention and the contact.... He's just really such a friendly, lovable guy," Shuttlesworth added Before moving to Richland in 1987, Shuttleswortb lived for 15 years on Whidbey Island in north Puget Sound. An avid outdoors fan. she spent her free time boating in the San Juan Islands and fre quently sighted pods oforcas. "You just feel so blessed to see them and be close to them," she said. Shuttlesworth started her Rich- land business a year ago. The con)- pany is the exclusive distributor of Jet Dock System products in the Northwest and has been instru- mental in developing drive ou docks tbr competition ski boats and floatplanes. Shuttlesworth learned about the Free Willy Keiko Foundation th January during a boat show in Spokane when she was introdnced to representatives and met a boat company owner who had donated two boats to the foundation. He encouraged her to get involved, too. Representatives told her abont their plan to fly Keiko to an enelosed pen near the Westman Islands, then-- afl.er further reha- bilitation lo release btm back into the wild. Shuttlesworth was thralled. But planned to cross the rough Iceland water between the island shore an Keiko's sea pen. When tbey told b~ they planned to use Jet Skis, Shu tlesworth realized theywould ne~ a safe landing dock. So she donated a $6,500 do( designed to moor two person; watercra~. The 20 fl)or by 15-fo, dock is made ofinterlocking plast modules. Researchers will be abl to drive the Jet Skis right onto th dock, park them, then slide the~ back into the ocean. tlesworth, thinks it's a great ide "I've always personally been inte ested in animal behavior becam, rma psychologist." he said On Sept. 9, Keiko likely will boa~ an Air Force C-17 cargo plane. Th C-17 is reportedly the only plan that can fly Keiko directly lo th Westman Islands without stoppi~ to refuel. A nonstop flight is esse~ lie[ to ensure the whale's safet aceordthg to the foundation. More than a billion people ar expected to watch Keiko's journe on live television, said JeffFoste director of field operations an research for the foundation. Tb foundation intends to seize tb~ opportunity to educate the publi about protecting marine wildlil and habitat. "We have the world's attention. Foster said. And the Shuttlesworths', 1]/17/98 TUE 13:~7 FAX 8683967431 Darryl Fu31mo~o ~001 PHONE (808) 396-AH0 Y (2469) FAX (808) 396-2470 HAWAH KAl MARINA OFFICE Hawaii Kal Shopping Center 377 Keahoie Street, Suite D]-C Honolulu, Hawaii 96825 November 12, 1998 Serial #1140 Mr. Darryl Fujimoto 721 Kumukahi Place Honolulu, Hawaii 96825 SUBJECT: Jet Dock Proposal Dear Mr. Fujimoto: The Board of Directors for the Hawaii Kal Madna Community Association (HKMCA) reviewed your "Jet Dock" proposal at their recent 10 November 1998 Board Meeting. The Board of Directors approved the basic Jet Boat Dock design proposal you have submitted providing that: · The Jet Dock Js mounted to an existing dock or anchored to the shcrefine with dead men, as indicated on the Hawaii Kai Marina Boat Dock Guidelines. · The installation of a white stripe cr white fascia is installed around the perimeter of dock. · Your entire ~oat ~ock installation and moored t~cat(s) do not exceed the 25' mooting zone restrictions of our Marina Rules and Recjulations. Your application drawings should be modified te indicate your preference for positioning the Jet Boat Dock as well as, the type of anchoring system you desire for the installation. Your Jet Dock on the marina is temporarily authorized on an "as is" basis until the boat dock permit is issued by the U,S. Army Corps of Engineers, Upon receipt of the revised drawings, your boat deck proposal will be sent to the U.S. Army Corps of Engineers for review and final approval. Upon final approval by the U.S. Army Corps of Engineers, you will receive a formal notification from them. Sig cer,ely, Hugh F. Fraser President, HKMCA st:hff:bI Vice President Suyderhoud, HKMCA Director Aspengren, HKMCA Direc*,or Mason, HKMCA HA WAH KAl MARINA COMMUNITY ASSOCIATION BENEFITS OF BOAT LIFT BY JET DOCK SYSTEM · PORTABLE DRY-DOCKING SYSTEM · NO PERMANENT ATTACHMENT · NO ALTERATIONS ARE REQUIRED TO THE EXISTING STRUCTURE · HDPE MATERIALS IS: · NON-HYDROSCOPIC · INERT · NON-POLLUTING · NO RUST, ROT OR CORROSION · HDPE IS NON-REACTIVE TO: · HAZARDOUS CHEMICALS · PETROLEUM PRODUCTS · CARBON BLACK IN FLOATS IS ULTRA VIOLET STABLE · NO BOTTOM PAINT ON FLOATS · SHALLOW DRAFT -1"-6" - NO NEED FOR DREDGING · NO NEED FOR WOODEN, CHEMICAL SOAKED PILINGS · NO CORRODING METALS USED · NO FOAM USED · REMOVES BOTTOM PAINTED BOATS AND PWC FROM WATER · PROVIDES FOR SAFE INGRESS AND EGRESS TO BOATS AND PWC · MINIMIZES OIL OR GAS SPILLS IN WATER · PROVIDES MARINE HABITAT JDSIB00S 8/02