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Home My WebLink AboutTR-6887 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, 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 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 1st day of construction ~ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6887 DATE: January. 21~ 2009 ISSUED TO: LORRAINE WENDT PROPERTY ADDRESS: 980 DEEP HOLE DR.~ MATTITUCK SCTM#115-12-14 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 May 21. 2008 and January 21, 2009 in consideration of application fee in the sum of $500.00 paid by Lorraine Wendt and subject to the Terms and Conditions as stated in the Resolution. authorizes and permits the following: Wetland Permit to completely remove the existing dock structure and five (5) pilings; construct in-place a 3'X 16' ramp onto a 3'X 31' fixed dock with a 3'X 12' seasonal wooden ramp onto a 6'X 20' seasonal floating dock secured by 2-6" dia. anchor pilings; provide electric service; install two (2) lights on the landward end of the one (1) light on the seaward end, and install water service at dock, all to conform with Chapter 275-Wetlands, and all as depicted on the plans prepared by Costello Marine Contracting Corp. last dated September 30, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be af~xed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Lorraine Wendt, residing at 980 Deep Hole Dr., Matti[uck, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his 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. That this Permit is valid until April 30, 2009, which is considered to be the estimated time · required to complete the work involved. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non~-Compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work heroin 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. Tha} the sa. id Board will be notified by the Permittee of the completion of the work authorized2 That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke up~n failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~I Annex 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 January 21, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Lorraine Wendt 28 Fiddler's Green Dr. Huntington, NY 11743 RE: 980 DEEP HOLE DR., MATTITUCK SCTM#115-12-14 Dear Ms. Wendt: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 21,2008 and on Wed., January 21, 2009 regarding the above matter: WHEREAS, LORRAINE WENDT applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated Apdl 9, 2008, 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, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 21,2008, at which time all interested persons were given an oppodunity 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 proposed structure complies with the standards set forth in Chapter 275 of the Southotd 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approved the application of LORRAINE WENDT to completely remove the existing dock structure and five (5) pilings; construct in-place a 3'X 16' ramp onto a 3'X 31' fixed dock with a 3'X 12' seasonal wooden ramp onto a 6'X 20' seasonal floating dock secured by 2-6" dia. anchor pilings; provide electric service; install two (2) lights on the landward end of the dock and one (1) light on the seaward end, and install water service at dock, all to conform with Chapter 275- Wetlands, and, BE IT FURTHER RESOLVED that the Board of Trustees Amended the project description at their Regular Meeting held on January 21, 2009 to reflect the changes as depicted on the plans prepared by Costello Marine Contracting Corp. last dated September 30, 2008. Permit to remove the existing non-permitted structure and to complete the proposed docking facility will expire on Apdl 30, 2009. A final Inspection is required at a fee of $50.00 per inspection. (See attached schedule.) FAILURE TO COMPLY WITH THE TERMS OF THIS PERMIT WILL RESULT IN FURTHER ACTION BY THE BOARD OF TRUSTEES. Fees: $50.00 Sincerely, j a/~m es F '~'ing ,~esid ent Board of Trustees JFK/Ims James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD TO: LORRAINE WENDT Please be advised that your application dated April 9, 2008 has been reviewed by this Board at the regular meeting of May 21, 2008 and January 21, 2009 and your application has been approved with the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ % Constructed ($50.00) .XX Final Inspection Fee ($50.00) __ 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 is due at this time. TOTAL FEES DUE: $. 50.00 BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 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 December 2, 2008 Ms. Lorraine Wendt 28 Fiddlers Green Dr. Huntington, NY 11743 RE: 980 Deep Hole Dr., Mattituck SCTM#115-12-14 Dear MS. Wendt: On May 21, 2008 the Board of Trustees granted you a conditional approval of your dock application pending the completion of detailed plans and completion of the work within 90 days from the date of the letter. As per your telephone conversation with Trustee Jill Doherty, and at your request, our office contacted Costello Marine Contracting Corp. and provided them with description of the approved dock on September 30, 2008. At this time, the plans have not been received by our office and the illegal docking facility still exists on your property. In order to avoid further action by this Board, your immediate attention to this matter is commence an action to ,2, and 3. Also complete ~. if Restricted Delive~ is desir~. t your name and address on the. reveme I so that we can return the card to you. t · Attach this card to the back of the mailplece, or on the front if space permits. B. Received by (Pt/, ~ Na/;i~/~ C.'C'C'C'C'C'C'C'C'~Date of Daiivery 3. 8e~,lce Type [~Cer tiffed Mail Express Mail [] [] Registered [] Return Race[pt for Memhandise [] Insured Mall [] C.O.D. 2. Article (rransfe. PS Form 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 May 21, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Lorraine Wendt 28 Fiddlers Green Dr. Huntington, NY 11743 RE: 980 Deep Hole Dr., Mattituck SCTM#115-12-14 Dear Ms. Wendt: Please be advised that your application dated April 9, 2008 has been reviewed by the Board of Trustees at their regular meeting held on Wed., May 21, 2008, and your ~nnlication has been approved pending the completion of detailed plans depicting the · · Pn~iteC°mp/ete4vo ff -Res~cted--item? 1, 2,Del~veryand. 3. isAIS°des~C°mplete ., u.,,.~me a 'red so/~at we c~- _.nd address on the r~ve o;;~':j.,s c,~ to the b~c;,"~ L° you... · different from/tern 17/~No If YES. enter deliver, address below: 2. Arti~ PS For ~s~c: I_od Hulse - lown Attorney ent Via Codified Mai~ 3'X 47' catwalk, 3' centered 10' apart, with one hand- figuration with 2-6' n the amount of $50.00 J plans and receipt of the rom the date of this Local Criminal TOWN OF SOUTHOLD VIOLATION INFORMATION Family Offense ~ DEFENDANT RELATtON SHIP TO ALLEGED VICTIM ALLEGED VICTIM (RELATIONSHIP TO DEFENDANT CC#: 07-3823 ARREST #(s): STATE OF NEWYORK }L°rraine Wendt } Defendant (.~ ~//~// COUNTY OF SUFFOLK DOB 10/19/37 TOWN OF SOUTHOLD Name (Complainant) Police Officer Andrew C. Epple Jr. Shield # M-3 of Southold Town Police Department, 41405 State Route 25, Peconic New York 11958 being duly sworn, says that on or about Friday, May 09, 0200, at about 10:16 am., at 980 Deephole Drive, in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, the defendant, Lorraine Wendt, DOB 10/t9/37, of 28 Fiddlers Green Drive Huntington NY11743 WrcJngfully, intentionally, knowingly, committed the offense of: Count# I Section 27~-'16 failed to comply with the conditions of a permit of the Southold Town Code. Count # t Particulars In that: The defendant, at 980 Deephole Drive, Hamlet of Mattituck, Town of Southold, Suffolk County, New York, on or about Friday, May 09, 0200 at about 10:16 am, Failed to comply with the conditions of a permit in that, IN THAT THE DEFENDANT DID CONSTRUCT A CATWALK APROXIMATELY 16 FEET LONGER AND 1 FOOT WIDER THEN PERMITTED This complaint is based on (personal knowledge) & (information and belief), the soume being Inca written instrument, any person who makes a false statement which such person does not believe to be true has committed a crime u~d~ ~he laws of the State of New York punishable as a Class A misdemeanor [PL Sect. 210.24]. Affirmed under penalty of perjury this Friday, May 18, 2007 Antone Surozenski Shield # 116 SIGNATURE OF OFFICIAL ADMINISTERING OATH Police Sergeant, Town of Southold TITLE Police Officer Andrew C. Epple Jr. Shield # M-3 Complainant Complainant Signature Page 1 of 1 Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (63 I) 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 Don Wilder, it was RESOLVED to NOT SUPPORT the Wetland Permit application of LORRAINE WENDT to rebuild the as-built docking facility by removing three mooring piles, reducing the width of the fixed dock to 3', and reducing the pilings for the dock to 6"X 6" posts. Located: 980 Deep Hole Dr., Mattituck. SCTM#115-12-14 Inspected by: Jacob Smith, Scott Worth, Glen McNab, Peter Young The CAC does Not Support the application and recommends the docking facility is removed and the area restored. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: "-~'~;J'/~ ~ /'Y,'~,~ LORRAINE WENDT requests a Wetland Permit to rebuild the as-built docking facility by removing three mooring piles, reducing the width of the fixed dock to 3', and reducing the pilings for the dock to 6"X 6". Located: 980 Deep Hole Dr., Mattituck. SCTM#115-12-14 Type of area to be impacted: ~-~'altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland ~Chaf Town Code proposed work falls under: pt.275 Chapt. 111 other Type of Application: ~Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: __~J.~ing ~.Doherty __P.Dickerson __ D. Dzenkowski __Mark Terry__other Form filled out in the field by D. Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- STATE OF ~ YORK DEPARTMENT OF ENV~O~ C~NSERVATION In~ lV~ttor b£ tho Viohfion(~) of Arfides 1 ~Yor2~ ~nd 71, as bx~catedbolow, of the New York S~e Eavironmen~l Cons~valion Lsw, Lorraine Weadt ~ Wilson Garcia ~ i (suffo~ Countr) , ORDER ON CONSENT FrL~. NO. 1- ~utflIF. AS, A~ole 15, Title//, of lhe New Yo~k S'taie Environme~al Conservation Law (Protection of Wa~s) proh-biis coaduoting any ~,,,!~,,d aoiivifies in any of the m~vigable waU~ o~ p~otected sire~ V~ItI~EAS, Axticle 25, Title 4, of gm New Yogc State Environn~mlal Conservation Law, ('Itdsl Wetlands Act) proln-bils conduo~ any re~,~,..a activities on or adjacent lo any lidal wetla~ wltl~uI ~ sped~ally Section 25.401.1 , Section _15.0501~15-0505.1 , and Seclion ,. in Ihat Respomtml(s) ~,-sed amYor p-~mliied ~o be e¥,. ~.~.._=_-G_... of a 4' x 4'/' catwalk ir,~nllnli~m ora 3' x 12' ~. 6' x 20' float nmi 5 ~iles. D~.;..-;-al0 n~ at'ea of v~,~- _'_:i_'. tidal w--;:.,,.ds fl0~ W x 4T LI. All wld,t~t ~o m--,~-~m-'v N¥IsDEC t~,,,lts to do So .,~idvlo'.-;k.;-,- a ...... allm o~I_F...~Mav~2. 200~ ~titleW~ndt:m......,.;w k.~.:.;.i at 980 DooD Holo Dl'ive. M-;;.;..-k NY SCTM # 1000-115-12-14 at 980 Deco Hole Dtive in Sc,''+~ld on or t~,.~,; 5/22/200? and mailer/n lhe ms,~e~ p~,ided by law and hav/~ consented io ~ eni~ri~a~d/s~g °f this Older' al~ee(s) ~ ~ / 1T iS ii~cI~y ORDI~,ED, p~ant to the applicable Pwvisions of the BCL '~V~ Rules and ~ ~ L With re/~pect tothe ~d/or~,~,aid vi°latices), lhere is he-by imp°sod up°n Reslxmden~s)' a l:''m~lty m tl~ sum °f Ir~veThoummd 15500~.00 )lDollsrs;amtitisfiu6a~ P~ol : ....... the Facility m~d sublect pa opcrty withm~ prior nouce at sucll times as may o~ necessary IlL Rcspona~a'.s) shall in~.~.~.~y a~l hold ~,*rmless tho Dq~zm~nt, the State of New York, ami their ~a'dvo p~,~ies conce~~ tho above violafious agaimt Rcspondcnt(s) and i~ successors (inch~a~g successo~ in any of the civil, ,-;~..~.~,~'"'~, o~ ~ ~ or,he Depam~ e~ or,he G..~,..~'~one~ or his/her designee u~VeraitY Ca .m~s, Stm~y Brook, New Y o~k 11'/90 2356. su~.h,,a~ in ~ecovery costs s~d a poteogal mx ~fund off~t bY the Dotxumm~ °f Tsxa~m m~d Pi~nce' XiiL A a~,~cd ~ f~ of Twe~y ($20.00) Dolls~ will bo ~-im~l f~r an checks which are ~tLu~d f°r Dated: S_mny Brook, New Yor~. To: ~ HOVe. 07CA137 To: W/lson Csm~a NOV~. 07CA207 Page2 C ON SENT By ~.~ON-DEZqT (Individual) Re~oadent aelmowledges the authority and jurisdiction of ~e Com~on~ ~ ~~ C~fion of ~e S~ ofN~ Yo~ ~ ~e ~ fo~ ~, w~ p~ h~ ~ ~ p~in~ o {_D NO~ TO NOT.Y: ~e co~ a~w~t ~om ~ow ~ST be u~ for ~ New York S~te ve~ ou~de New York S~te. ~ bl~nks ~ST ~ ~mplet~. ACKNOV~ .lZlN~RVE/2qT (Signing w;~in New York Stete) STATE OF NI~W YORK ) ) s~: cotn~ry OF St.W-F 01~ ) No. 01MO6025841 ~ualifled In Suffolk Coun~ Term Expire~ June 1.20~lrl~ . J'm~ I., Notary Public, State of New York ACKNOW~ .~nGM~NT (Signing ou/sMe New York State) ) )~ ) ,in theyear , befoFe me, the undemtgaed, mm~Y aPPeared , peFsonaUy Imown to me or pFoved to me on the Imsb of satisfaetoFy Onlhe __ day of the underu3gned in the ** * (]mefl tim State [&County], District of C~JumhbL, Texz;dorY, ]Doaae~lon or FOFe~gn Country the acimowl _~t was tekea.) ** (Insert the eity or other politigal mbd~vMon ~ml the rote or connt~'Y or otheF place the aeJmow~de"m~ twOS tei~) *** (SignatuFe ami office of individual teking aeimowledgment) Page 3 Com~ltm~ Schedulc for Article(s) 15 m~d/or 2~ L ' Couse~alion, l~n~ 40, S.U.N.Y., Sto~y Brook, N~w Yo~k 11790-2~56; 2) One C°py to Mmh~e Habitst Pmtecti°u, P~i°n On~ New Yc~k Stme Deparmmm °f Envh'oem,-.m~l Coaservalion, B,,~ 40; S.U.N.Y., Stony Brook, New Yc~:.11790-2356. Rt!MOVAL (120) days from the date of the execulion of this Order, P~e4 Seheame A (Co~) RESTORATION REO~: *Al~,uvable in th~ cont~t of this Orc~ ~,n mean appmvablo by the DEC w~ minim~l reViSiOn, h.t'~.h.-JI rov~m ~h~ll ~ ~ rem~ails the pl,~ for ~.oval wfmin fit~ (15) tmsimm ch~ o£ rcc~pt of t~ DEC~ comn~ats. This phm ~h,all ~tude: Specifi~fions': ~R.~.ewidlhofdockto3f~e~Sumx~t S~id mn~Umnn,-.e shah ensure a succe~ ratio of at'least 85% for a 5 Ye~' time fram- from complain ofp~? --~ NoReSt°ration Requi~C P~e5 ea by Mail (NOT FOR VTL VIOLATIONS) FINE $ !0 _nO, TO PLEAD GUILTY: COMPLETE THIS FORM AND MAIL OR DELIVER TO: Southold Town Justice Courf 53095 Main Road, P.O. Box 1179 Southold, NY 1~971-0959 TO THE PRESIDING JUSTICE AT THE SOUTHOLD TOWN JUSTICE COURT: ,. ,, ,residing 'at c~g ~'~[~/~r'J' ~-r~.~ ~lv~., ~/'ax'~Y/e~5,,,ft ~ ,havebeen charged with a violation of .~) ,~ 75' - !/_,,- J , under the Code of the Town of Southold. I hereby elect to dispose of this matter without appearing in open court. I hereby waive arraignment in open court and the aid of- counsel and understand that a plea of guilty is the equivalent to a conviction after tdal. I hereby plead guilty to the offense as charged and elect and request that this charge be disposed of and a fine/penalty be fixed as agreed to below. I understand, that the · agreed upon penalty is contingent upon the Court's approval, and that my appearance may be required on a future date if the negotiated disposition is not accepted by the Court. Date:~ SIGNED: Ticket/Summons In Satisfaction of: Fine/Disposition Recommended: NEUR Max Rudansky, MD Chairman, Dept of Neurology Huntington Hospital Board Certified in Neurology Co-Director. NeuroHealth Jacques Winter, MD Board Certified in Neuro{ogy Co-Director. NeuroHealth Musarat Shareeff, MD Board Certified in Neurology Fellowship in Neuromuscular Disorders/Neurodiagnostics EMG/Nerve Conduction Studies Neurology Medical Directors, Traumatic Brain Injury Unit St. JohnJand Nursing Center Patricia Rogers, RN, ANP 755 New York Avenue Suite 309 Huntington, NY 11743 Phone 631-351-1250 Fax 631-351-1321 June 18, 2007 RE: WillJm~a Wendt To the Board of the Town of Southold Trustees: · ' under my neurological EOt. William Wendt, DOB 7~5~34 xs a palaent diabetic care. He is being treated for Parkinson's Disease and neuropathy. Due to his imbalance and weakness most of the time, he benefits i~om and needs a wheelchair and/or supports, railings, etc. Sincerely, ;.',c:~ ng of MAY 18, 1995 No. 12~8 . ~ John H e~Y, it was R~O~vc~-~ ~:~-~lt a~ W~Ia~ ~PP'~:.~t~ nili~s a~ a for ~. ~notau~ ' ..... ~iK Wl~ aaaw,------ r ~ 31'2" X ~ _ ~ ~ G~fa~r 11~12 ~-a~ a 3" x 12~ ~ a~ 6t x 20~ fl~t In an 'L". ~it ~ CAC ~nds ~ROV~ OF' ~E p~lT KR ~E ~ ~D' 9~ ~P Hole Drive. ~tuck Vote ~ C~iI: Ayes: Ail ~i~ urri~- No. 1259 ........ a-~ bv SteBhen Angeil. it was _ Moved by Allan ~.onne,, -~=~',".'~' :L_ ;~:::-L-Id Town Board of Trustees RESOLVED to _r~h~eC~andt° Al~r~tio_~ RUSSELL E. MAHH ~ _to. DISAPPROV.~. of _..t~,e__... Irt 1987 sand was dredged f_r~m~_the__%r~ve restore sand to spo. ---- In recent years sand from the spOil a~ ~ The' CAC recOemtends disap'proval because no need is shown. If soundings ere done to pr. eve there Is a need for the dredging the CAC recess a ndnlmum of dredging to a l~, depth at Iow tlde. 1775 Calves Neck Road, Southold Vote of Council: Ayes: All Motion carried. No. 1260 ......... ~ed bY Allan Connell, it ea_s Moved bY Stephen Angell, ~-~--, .~-_~ c--~,~ld Town I~oara aF OLV O to recaan.nd .to. ,O,. oI~OV~ ~ .... ,-~ --~ m k ~ existing gabi~ =n~ I 10' x zuu ~ ...... retaining wall. The CA Page 5 i~ercolation of runoff. Middle Road, Southold Vote of Council: Ayes: Motion ca~led. All '1 115 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: May 20, 2008 Re: Chapter 268: Waterfront Consistency Review Wetland Perm/t for LORRAINE WENDT SCTM#115-12-14 LORRAINE WENDT requests a Wetland Permit to rebuild the as-built docking facility by removing three mooting piles, reducing the width of the fixed dock to 3', and reducing the pilings for the dock to 6"X 6" posts. Located: 980 Deep Hole Dr., Mattituck. SCTM#115-12-14 The proposed action has been reviewed to Chapter 268, 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 CONSISTENT provided that the proposed action meets Policy 5 and sub-policy 6.3~ as outlined below. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) 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; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zosteru marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructe& [10] Whether the d~ck will adverse~y affect views~ viewsheds and vistus imp~rtant t~ the c~mmunity; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In the event that the action is approved it is recommended that the application be amended to meet the followin? 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. It is recommended that the silt boom be deployed during the construction of the dock structure. [3] In order to prevent the release of metuls and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA '9, commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. Minimize the use of CCA treated wood in structures constructed within the marine environment. Figure 1. Wendt Residence Showing Dock in 2006. The above will further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Lon? Island Sound, the Peconic Estuary and Town waters. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action, James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~Wetland Permit Application __ Administrative Permit R Amendment/Tran~ffqr/Extension eceived Application: eceived Fee:$ _5--00°0 -~'l~ompleted Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) --"LWRP Consistency Assessment Form _.F.=,AC Referral Sent: q llt IlO~ .4~ate of Inspection: ._~7. ]? Receipt of CAC Report: Lead Agency Determination: Technical Review: ,P'a~ic Hearing Held: Resolution: Name of Applicant .k~ S0u,'/~h01d 10wn Bo~'rd of Irnstees Address ~ ~ ~x~k.~[Q_tA.,~) l~.~o~, Suffolk County Tax Map Number: 1000 - I / ~, Prope~yLocation: ~0. ~~, ~0/~1~, (provide ~LCO Pole ~, dispnce tOoss streets~ AGENT: (If applicable) Address: Phone: of Trustees Applicat~ GENERAL DATA Land Area (in square feet): Area Zoning: Previous use of property: intended use of property: Covenants and Restrictions: If "Yes", please provide copy. Yes V/ No Prior permits/approvals for site improvements: Agency Date t / ~"~ q I'~ ~~ ~9~ No prior pe~its/approvals for site improvements. --' Has any pe~iUapproval ever been revoked or suspended by a gove~ental agency? ~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): of Trustees Applicat~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose o£the proposed operations: - -~'~ Area of wetlands on lot: square feet Percent coverage of lot: ~. ~ % - Closest distance between nearest existing structure and upland. edge of wetlands: feet ~ ~ ~ ~--~-~~C.~ Closest distance between nearest proposed structure and upland edge of wetlands: C) feet Does the project involve excavation or filling? ~./ No Yes If yes, how much material will be excavated? fO cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): :d of Trustees App COASTAL EROSION APPLICATION DATA Purposes of proposed activity: % Are wetlands present within 100 feet of the proposed activity? ~/' No Yes Does the project involve excavation or filling? t~ No Yes If Yes, how much material will be excavated? (-D .(cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) James F. King, President Jill M. Doherty, Vice-President Pegg~ A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ........................ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~,.zOf((4filhq.~D~e~vl~ , residing at being duly sworn, depose and say: That on the3o day of )~t,L~ __ 20Og. I p.ersona, ll~ posted t[~e property known ~as by placing the Board or'Trustees official poster where it can-easily be- se~n~ ~md ~h~t 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 , (signature) Sworn to before me this ~day of ~fi 200 ~ Notary Public STEPHANA A. MOSERA Notary Public, State of New York No. 01M060251M1 Qualified in Suffolk County Term Expires June 01, 20_J~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: STATE OF NEW YORK COUNTY OF SUFFOLK ) ~. ~ ¢b~-~_./~C.~-. _~ {.4 1 [').,¢, ~, being duly sworn, deposes a~d says that on the ._~ C:) ~ of L°~ h A 1) , 20~ , deponent mailed a true copy of the Notice set forth, in the Board' oI~l~-u-stees Applicat~ion, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessrrken~ roll of the Town of Southold; that said Notices were mailed at the United States Post Office atX~. ~*uJ,~L~. {-~ , that said Notices were mailed to each of said persons by (certified)(i'egiste~d-)maif./ (3' t (-") Sworn torhefore me this ~CDT~ Notary Public STEPHANA A. MOSERA Notary Public, State of New York No. 01 M06025841 Qualified in Suffolk Counb/ Term Expires June 01, 2J ~,~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on thc omi of town officem and emolovees. The oumose of this form is to provide information which can alert the town of ~ossible conflicts of interest and allow it to lake whatever action is necessary t° av°id sameL , ~ (Last name, first anme, middle'in'iti ,a~finless you are applying i~--the 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 Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) 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 NO V/ lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Toxvn of Southold Title Or position of that person Describe the relationship between yourself (the applicant/agenffrepresentative) 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, 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 oftbe applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted.~ ~ da,gof ,/~t~, , 200~ Signature OI,~'M~ & ~ · PrintName ~ t.)~K.¥L¢3, ~vOL Board of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THAT H~/SH~ ~S THE APPLICANT FOR THE ABOVE DESCRIBED PEKMIT(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 TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES 1N CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAYOF : ,20Q "Notary Public 8'/'EPHANA A. /~IOSERA Nola~ Public, State Of New York No. 01MO~025S41 Qualified In Suffo~;: Cc:v;:', Term Expires Juh. L4O ~; ~lea by Mail (NOT FOR VTL VIOLATIONS) TO PLEAD GUILTY: FINES COMPLETE THIS FORM AND MAIL OR DELIVER TO: Southold Town Justice Court 53095 Main Read, P.O. Box 1179 Southold, NY 11971-0959 [,. L0~"('{~I~' ()~J(~ ~, ,residing at c~g ~'4~i[/g,v'd' ~ ~'~ ~~ ~ , have been charged with a violation of .~ ~ 7~ -/(~ J , under the Code of the Town of Southold. I hereby elect to dispose of this maffer without appearing in open coud. I hereby waive arraignment in open ~ud and the aid o~ counsel and undemtand that a plea of guil~ is the equivalent to a convi~ion after thai. I hereby plead guilty to the offense as charged and elect and request that this charge be disposed of and a fine/penalty be fixed as agreed to below. I understand that the 'agreed upon penalty is contingent upon the Court's approval, and that my appearance may be required on a future date if the negotiated disposition is not accepted bY the Court. Date: ,/?~//0/~ Ticket/Summons #: SIGNED: In Satisfaction of: Fine/Disposition Recommended: NEU Max Rudansky, MD Chairman, Dept of Neurology Huntington Hospital Board Certified in Neurology Co-Director. NeuroHealth Jacques Winter, MD Board Certiged in Neurology Co-Director, NeuroHealth Musarat Shareeff, MD Board Certi~ed in Neurology Fel[owship in Neuromuscular Disorders/Neurodiagnostics EMG/Nerve Conduction Studies Neurotogy Medicat Directors, Traumatic grain injury Unit St. Johnland Nursing Center Patricia Rogers, RN, ANP June 18, 2007 RE: William Wendt To the Board of the Town of Southold Trastees: Mr. William Wandt, DOB 7/5/34 is a patient under my neurological care. He is being treated for Parkinson's Disease and diabetic neuropathy. Due to his imbalance and weakness most of the time, he benefits fi:om and needs a wheelchair and/or supports, railings, etc. Sincerely, IV[RIch 755 New York Avenue Suite 309 Huntington, NY 11743 Phone 631-351-1250 Fax 631-351-1321 Meeting of MJ~Y 18. 1995 No. 1258 Moved by Robert Keith. seconded by John Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees the following for the Grandfather Permit and Wetland AppliCation of LORRAINE WEHDT 115-12-11~ to Grandfather 31'2" x l~ catwalk with associated pilings and a permit to add a 3' x 12~ ramp and 6~ x 20* float in an 'L'. The CAC recommends APPROVAL OF THE PERMIT FOR THE RAMP AND FLOAT. The CAC recommends APPROVAL OF THE GRANDFATHER PERMIT FOR TH~ CATWALK IF THE CATWALK IS RAISED TO 'IV WHEN IT NEEDS TO B REPLACED. 980 Deep Hole Drive, Mattituck Vote of Council: Ayes: All Motion oarried. No. 1259 Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Al~plicatlon of RUSSELL E. MANN 70-~-q8 to restore sand to spoil area. In 1987 sand was dredged from the north side of the dock and deposited in the spoil area. In recent years storms have washed sand from the. spoil area to the north side of the dock. The' CAC recommends disapproval because no need is shown. If soundings are done to prove there is a need for the dredging the CAC recommends a minimum of dredging to a o? depth at Iow tide. 1775 Calves Neck Road, Southold Vote of Council: Ayes: All Motion carried. No. 1260 Moved by Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to the Southold Town Board of Trustees OISAPPROVAL of the Wetland Applicetlon of JOHN 'XIKIS 11~-1-13 to construct 1 10' x 200 +/-' wood walk between existing gabion wall and timber retaining wall. The CAC recommends disapproval because decking of this magnitude 'is not in keeping with the spirit of the non-turf~ vegetetive buffer requirement. The Council recommends the area be planted or filled with rocks to allow for percolation of runoff. Middle Road, Southold Vote of Council: Ayes: All Motion carried. Page 5 STATE OF N~W YORK DEPARTMENT OF ENVIRO~NSEKWATION In the Ma~er bf the Violation(s) of Articles 15, and/or 25 and 71, as indicated below, of the New York State Environmental Conservation Law, by: Lorraine Wendt Wilson C, arcia - Respondent(s) (Suffolk Count~) ORDER ON CONSENT FII,E NO. 1- WHEREAS, Article 15, Title 5, of the New York State Environmental Conservation Law (Protection of Waters) prolubits conducting any regulated activities in any of the navigable waters or protected s~mms of the State ,,4aout the requisite permit, or in no~ompli~ with the requisite permit; and WHEREAS, Article 25, Title 4, of the New York State Environmental Conservation Law, (Tidal Wetl~-,as Act) proh'bits conducting any regulated activities on or a~jaesnt to any tichl wetland without WHER.EAS, the Department of Envi~nmez~l Conservation (DEC) has docum~cl a ~on of s~, ~y S~ 25.~I.1 . S~fi~.15.0501~15~505.1 , ~ S~on ,. ~ ~t ~s) ~ ~or ~ m ~ ~ ~fi~ of a 4' x 4T ~ ~l~6~n of a 3' x 12' ~. 6' x 20' float ~ D2mnve W ~ ~ of v~t~ ~ ~l~l (10' W x 47' L)- ~ ~om ~e ~ ~V~ ~ m. 5~ ~ol~ann~ ~ ~ ~ ~nm ~v ~. 2~7 ~ ~ W~ ~ l~!t~ at 980 ~ Ho~ M~.mk ~ S~ ~ 1~-115-12-14 a 9fi0 ~ Hole ~ve ~ Sonthnld~ ~ ~ ~f~ 5/2~2~7: WHBKEAS, Respondent(s) has/have affh-m~vcly waive, d his/l~r/its/li~is r/iht to a public hearing/n this matter in the ms,,,,er provided by hw and havin~ consented to the entering and issuing of this Order, agren{s) m be bound by the terms and conditions contained he~ei~ 1T IS HEREBY ORDERED, pu~nt to the applicable provisions of the ECL and/or Rules and Regulations, thac L With ~ to th~ ~for~aid~' violation(s), there is hereby impo~d upon Re~'pondcnt(s), a ~-~lty m the sum of Five Thons~md ( $5000.0/~ ) Dollars; and it is further Page 1 raprdsentatives of the DEC access ~ the Facility and subject prol~rty w~thout prior not~ce at such ~mes as may be necessary in order for Dt~£ to inspect and dete~'m~ee the status of Respondents' compliance with this Order. I~. Respondent(s) shall indemnify and hold harmless the Department, the State of New York, and their representatives and employees for all Clairol; ~lits, aCiiOll~, rlsm~ge~ aod costs of ovory nsmo and description arising out of Or res~ltillg ficolll th~ f~dflllmeut of attempted :~dfillment of this Order by Respondent and lis successors (inclvalng successors in title) and assigns. IV. Upon completion of all obhgatious created in this Order, this Orde~ settles only all clzlnts for civil and arlmlni.~'ative penalties concerning the above violations against Respondent(s) and its suCCeSSOrs (including successors in title) and assigns. V. Nothillg coutained in this Order ,hsll be collsil~ed as barling, rllmlni~hin~, adjlldicaling, or in any way affec~ any of the civil, admlnlslzative, or criminal rights of the Depariment or of the Cornmi~ioner or his/her designee (including, hilt l~ot limited to, nor exemplified by, the rights to recover natural resources damages and to exercise any abatement powers) or authorities with respect to any party, including Respondent(s). VI. Nothing herein ~ha]l be construed as pl~,el~tln$ the D~arl~ent from collecting regulatory fees where applicable. VII. This Order shall not become effective until it is executed by the Region~ Diz~r on behslf of the Commlssiol~r, a~d tho date of executioll by the P~egiorlal Dil~tor shall be the date of execution of th~ Order. Vlll. In those instances in which the Respond~t(s) desire(s) that any of the provisions, Umns or conditions of ibis Order be chsnged, (s)hefii/they shall make written application, siding forth the grounds for the ~lief sought, to the Commi~ioner, c/o Regional Atlomey, New York State Department of Environmental Conservation, Building 40, State UniverSity C~ .mlms, Stony Brook New York 11790-2356. IX. Respondent(s) ~s]l slrictly adhere to the terms and conditions outlined in this Ord~ and in Parts I, II, and/or III of Schedule A, the compliance schedule a~ached hereto and made a part bereo£ X. Ally chsn~e in ~ Orcl~c ~hsll not be made Or becolne effectivo, except as specifically set forth by ~ Order of the Commlgsioner, such wriflell ordor being made ~ither llpoll writte~l applicatioll of th~ p,.espondeut(s) or upoll the Commission's OV.,'I 1 XI. This Order ,h,l! be deemed blnaln~ on the Respoudent(s), itthis/herJtheir successors and assigns and all persons, firms and corporations acllug under or fOr ii/him/her/them, incln~ini~ but not limited to those who may carry on any or all of the operations now being conducted by Respondent(s), whether at the present loca6on or at any other in this Sta~. Xii. The faiinre to pay any pennlty amounte due undez the terms and'comlitions of this Order may resnlt in a 22% smcharge in recovery costs and a potential lax refund offset by the Daparimeut of Taxation sna l~in~mco. XIH. A dishonored check fee of Twenty ($20.00) Dollars will be charged for all checks which ar~ returned for insufficient funds. Dated: S~to~yBrook New Yor~. Alexander B. Comm~ioner of Envimm~al Co~rvafion To: Lorraine W~adt NOV#: 07CA137 To: Wilso~_C,!~?~._ 85 S im~ Road East _c ~ 1942 NOV#: 07CA207 Page 2 Regional Dir&tor CONSENT BY RESPONDF_~NT (Individual) Respondent acknowledges the authority and jurisdiction of the Commi~ioner of Environmental Conservation of the State of New York to i~ue the foregoing Order, waives public hearing or other proceedings in this matter, accepts the terms and conditions set forth in the Order~a~i~! consents ~ the iesu~ce~ber~cof_. _ mtN.e: o (Dev, 4+ NOTE TO NOTARY: The correct acknowledgment from below MUST be utiUzed for signing in New York State versus outside New York State. All blanks MUST be completed. ST~T~ Og ~wyom~ ) COt~Tg Or $1.1[:F[:)I~ ) On the~g~'dny of ~)C~.~f~3~ ~TEPHANA A. MOSERA NOIB~ Public, State Of New York No. 01M06@25841 Qualified In Suffolk Term Expires June 1.20 . 3~uto I., 6~01~ On the __ day of ACKNOWLtlN~MENT (Signing within New York State) ) ss.: in the year 200 '7 , before me, the undersigned, personally appeared LO I~ GA~.I~ V~ E J~ 0 ~- , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subecribed to the Within instrument and acknowledged to me that (s)he executed the same in their capacity, and that by thMr signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public, State of New York ACKIqOWLgA)GMF-,NT (Signi~ outside New York State) , in the year , before me, the undersigned, personaliy appeared , personally known to me or proved to ma on the basis of satisfactory evidence to be the individual whose nme J~ subscribed to the Ve~hln instrument and acknowledged to me that (s)he executed the same in their copaeity, that by their signature on the instrument, the individunl, or the person upon behalf of which the individual acted, executed the inst~ment, and that such individual made such appearance before the undersigned in the * * Notary Publie * (Inert the State [&County], District of Columbia, Territory, Possession or Foreign Country the aeimowledgment was taken.) ** (Insert the city or other peUfical subdivision and the state or country or other place the aclm°wledgment was taken.) *** (Signature and office of individual talcing acknowledgmenO Page 3 SCHEDULE A Compliance Schedule for Article(s) 15 and/or 25 Immediately, Respondent (s) shall cease and desist from any and all futo~ violations of the New York State Envh'omnantal Conservation Law and tl~ rule~ and regulations enacted pursuant thereto. Raspondtmi ($) sh:~11 submit photographs of the completed work, if any, required under this schedule, to the Depar/ment within five (5) days of its completion. All submittals to the Depmtmant requ/red under tiffs Order shall be made by Respondant (s) as follows: 1 ) One copy to the Legal b I~irs Office, Roi/ion One, New York State Department of Euvironmantal · Conservation, Bu/Iding 40, S.U.N.Y., Stony Brook, New York 11790-2356; -and- 2) One Copy to Marine Habitat Protection, Region one, New York State Depmlmant of Environm~l Conservation, Building 40, S.U3,I.Y., Stony Brook, New York 11790-2356. REMOVAL REOUIREMENTS: Within one hundred and twenty (120) days fwm lhe date of the execution of this Order, Respondent (s) ~hsll have removed the slructores and/or fill which er~ tho subject of this Order as follows: Removal Speci6cations: Remove three mootin~ vflas. The Dries snchorinil the float shall IemMn as is. -~ NoRemoval Required Page 4 · Scheddle A (Contd.) RESTORATION REOUIR. EMENTS: Within one hundr~ and twenty (120) days from the date of the execution of this Order, Respondent(s) shall submit to the Department, an approvabl¢* restoration plan and time schedule for in~lementation of said plan. *Approvable in the context of this Order ~hall moan approvable by the DEC with rain/mM r~qsion, l~{inimAI rsvisio~ shall mean that Respondent(s) incoq~orate(s) the revisions required by the DEC and resubmits the plan for approval within ~ (15) bminess days of receipt of the DEGs comments: This plan shall ineluda: ]Regrading -~ Planiings in dismlbed aren -~ Specifications: Red~cewidthofdockto3feet:Smmort pillno~ for dock ~ be reduced to 6" x 6" vosts; Upon written approval byth¢ Depa~ment, Respondent(s) shall/mplement the approved restoration plan/n accordance with the approved time schedule. Said maintenance shall ensure a success ratio of at least 85% for a 5 year time frame from completion ofp!~?ings. No R~oraflon Require& Page 5 APR - 9 2008 Southhold Tow. Board of Trustee~ To~vn of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for perm/ts* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except 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 detail~ listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. PROJECT NAME A copy of the LWRP is available in the following places: oaline at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Offic4c?~e31~~ Depart[nent, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION ~}]'~'~:~r}}}~'¢s ~_~ /?J The Application has been submitted to (check appropriate response): To~vn Board [] Planning Board [] Building Dept. ~'~ Board of Trustees ~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constmction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: I/2_ Presentland use: Present zoning classification: If an application for the proposed action has been filed with the To~vn of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ NoD Ifyes, which state or federal agency? ~ ~ (.~ C~ ~) rlo~n.~ 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 preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes [--] No ~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 Pages 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 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 for evaluation criteria. Yes No Not 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 was~es. See L'vVRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [-~ Yes [~ No~l-xl-J 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 eria. Yes~ No [] Not Applicable Aaach additional sheets if necessary · WORKING COAST POLICIE~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ases in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~/Yes V~ No [] Not Applicable Aitach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~'Yes ~-] No ~-~ 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 evaluation criteria. [] Yes [] No~NotApplicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies: Pages 65 through 68 for evaluation criteria. [] Yes V-~ No ~ Not Applicable DATE APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE U,,~',~- ,~/ ~ ~' /o 'o.c. M~x. 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