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HomeMy WebLinkAboutTuthill, Lawrence24 11. 12. 13.¸ Permit, not the first time it's done, and that each time if necessary it's dredged, that the applicant provide bonding to protect the neigbbor's bulkhead and that they also each time name the Town on a General Liability Insurance Policy. Do I have a second on that? TRUSTEE FOSTER: Seconded. ALL AYES Proper-T Permit Services on behalf of JOSEPH ~CH requests a Wetland P~,~uit for the existing wood deck and landing, stairs Connecting them and an existing Trustee- Permitted dock, and a metal shed. Located: 23451~1 Creek Dr., Southold. SCTM~$1- 6-39 TRUSTEE KRUPSKI: Would anyone like to speak briefly about this application? JIM FITZGERALD: Very briefly. It exists and he would like to legitimize it. It's been there a long time apparently but not long enough for a Grandfather Permit. The Trustee Permit for the dock structure, which was issued in 1973, and he is as best as he can recall says this was built two years after that. So, he's kind of getting things in order and this is one of the things he wanted to do. TRUSTEE KRUPSKI: Does anyone else have a commen~? I~RUSTEE POLIWODA: How big is the float? TRUSTEE SMITH: I don't think at the time we had a problem with it. ' TRUSTEE KRUPSKI: Are you going to allow him to have that extra float? TRUS'/'P_~ SMITH: TI~ was part of the original permit. TRUSTEE KRUPSKI: Oh ok_ TRUSTP_~ FOSTER: I think il was the deck and stairs, and the platt'om that he didn't have. TRUS'I'P_~ SMITH: I'll make a motion we close the hearing. TRUSTEE KRUPSKI: Seconded. Al.I. AYES TRUSTEE SMITH: I'll make a motion we Approve the application. TRUSTEE POLIWODA: Seconded. ALL AYES Pmper-T Permit Services on behalf of'C&D REALTY requests a Wetland Permit to construct a single-~mily dwelling With private well and on-site sewage disposal system. Located: 3640 Cox Neck Rd., Matlituck_ SCTM~113-4-1 POSTPONED UNTIL ]-trLy AS PER TNE AGENT'S REQUEST LAWRENCE M. TUTHII.I. requests a Wetland Permit to remove all second growth trees, to fill: and grade property to level, grade pave roadway, to plant grass and erect fences~ Located: ~945 Orchard St., New Suffolk. SCTM~lI7-5-46.4 Note: Violation TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? LARRY'TUTI-mJI:: Ijustwanttoreiteratewhatwas's~Jdatthelast meeting. You visited the site, and if there are any questions that you have. TRUSTEE KRUPSKI: Thank you. We will, I'm sure. Is there any other comment? JERRY SCHULTHEIS: I live adjacent to the property. When we met last month, it was decided that there Wasn't enough detail and there was no plan, the location Of the fences was not delineated, there was no plan to where the paving is. I don't see that anything has changed. We're still there. I stopped by the Office this afternoon and asked to see if there was an updated plan. There is no plan. There is no way to know where the fences are going to be located, where the paving is going to happen. I'm really upset that...I mean Mr. Tuthill is a professional engineer whose livelihood was working on the water. Somebody that has an understanding of what's required, I mean, he just apparently doesn't have that. There's a violation served on him. There's a violation from the DEC served on him. There is no plan. I do not know what he's going to do. Thare's nothing there. If you look at what's been done already, ail the trees have been removed. They're referred to as "second-growth" trees. There were trees there that were 14, 18 diameter. That's not a second-growth tree. There has been concrete rubble brought in as fill. There are road sweepings that have bean brought in as fill since the trees have been removed. There's no plato There's no indication of what's hnP, pening, I don't see where anything has changed from last month. I understand that last month was that he would get back to the Trustees with a plan that delineated where everyth~g was going to be located, but I don't see that. Without seeing anything and knowing what's going to happen, I have to be against the project. Thank you. TRUS'IiEE KR.UPSKI: Any other comment? BII.I. GOOD^I.I~.' I'm from New Su_f~lk. I've walked the.~treets of the Schoolhouse Creek there for probably about 15 years, it's been a great spot over the years, overtime things fell into disrepair. I-lis father, his grandfather oveitime have t~ied to keep it up and now Larry comes among and tries to fix it up a little bit and I' said that/would be great. I ttfiLnk it's timeithat, in my mind, I can remember back tothe days his grandfather, I don't remember toomuch change. There was an old building. On that property when I was a boy, that coHapsed, and ard everyi~n~ he wants tO do I think Larry carted it away, . something and people ~ay "you can't do this", this seems tO be'~lle 21 century'and you can't do anything anymore because somebody has a gripe. Now I was.just readiag~this thi~8 right here on what Larry wantS~to do clean np tho briar:patch and the poisonivy path as it:has existed for seven years, and get the place.1001dng t little bit more ship- shape, an~ make it a little more pleasant for everybody..that g~s':by ~e: Now Whatever he does on I Schematic drawing the (can't understand) is probably going io knock away at it anyway and he' s going to have to do something else. The thing is that'lot~8 before you wer~ here,'.his grandfather was here and that place haS;been:maintained;e~rY since. i think as we get into this 21 g Century, what has happened'is/we;have o~'~ niTed to a point wl~re the guy who has the gripe has a lot to say an~! thi: guy Who i0wns the.place is getting dumped on~ I think it's time we got back a little: bit to square, one Which is he wants tO imp~0ve his land a little bit, let him do it, if you want to look over on it and see that he's not doing anything too (can't understand) I would certainly thii~k that's a good ide~ On the same token, he was here first, and when ever~cbody else stiLrts telling him what to do with his property, you've gone a little bit too far.. Thank y0u ..f,,o,r. listening. MRS. GOEIzALEZ: i have property on Orchard and First and Mr. T~hill s right-of-way is there. This had numerous s~orms... Mr. Schultheis and .my husband had paid.for the repair of the road, not Mr. Tulhill. I'd be very happy if Mr. Ts~hill is'going to fix~ or do what be says, but the talk ail over the Town is not this. We don't want to go s~sin~t Mr. Tuthill because we live right there but we want to know really what he' s goilag to do. According to this, this looks good. But, that's not what the talk is. The talk is about parking, storage and getting rid of all of the trees and the rest of the trees all the Way up the Whole strip including what he already did next door to us. 26 TRUS'I'EE KRUPSKI: Thank you. Any other comment? When we visited the site last inspection on Wednesday, Mr. Tuthill described to the Board what he intended to do there. We let him know that paving the driveWay wasn't an option. Paving the driveway is not going to be possible. If he wants to grade the driveway and put down a pervious surface like gravel, our concern is nm-offiato the Creek. Our concern is the creek environment, even though the Town doesn't own the creek, normally the Town owns the creek, there' s a Town owned shellfish reSOurce there, we have to protect that, but this is not the case ia Schoolhouse Creek. But, it still flows out into the Bay and it's part of the Peconic system SO we want to safeguard it as much as possible. Mx. Tuthill has showed up the area that he wants to clear out the brush and the trees. We told him that we would like to see a butter area lel~ between the driveway and the bulkhead to prevent sediment from ~mning off into the creek He can trim the trees and whatnot but we don't want to see that stripped down to dirt so that all of the water will rush into the creek and sediment and SOil and whatnot. It's zoned Marine I, there's quite a bit of uses that can be used ia a Marine I zoning, that's black and white in the Code. That has nothing to do with our Board~ that's a Piston{rig Board issue. What we're going to ask Mr. Tuthill to do is, you've the survey herein the file, and you're going to have to write on it the areas you want to clear and the areas that you want to grade and show the driveway and show the extent of the work that you want to do. Then, we can act from there. You've got a good survey here. Some of these sheds are gone I think SO we can "X" them off. Then, we'll have a clear idea about the whole extent of it. So, could you do that for us? ~ SCHIJLTHEIS: The land has been stripped already. We want a guarantee that there is go'rog to be SOme gravel pu~ down for the road. There is a tremendous dust situation there now, especially since the land has been completely stripped. When the wind blows there is dust all over the place. TRUS'I'I~ KRLrPSKI: Well he doesn't have to do anything. He can just leave the dirt road as it is. I mean, we're not requiring him to do anything to the roac[ If he wants to leave it the way it is that' s the way it is. we're not telling him he has to improve the road. He owus it. lie can leave it as dirt. MR. SCHI_ILTHEIS: So as far as protecting the environment we now have a continual dust storm and that's ok, leave it as it is? TRUSTEE KRUPSKI: Well then we Would have to go around tO everyone's property and say "Ok this is a problem, and this is a problem...", if he wants to come in and improve his properly, we want to make sure he does it in an environmentally sound way. We're not jmst going to go start picking on Mr. Tuthill because he has a dust storm when it blows and he has Probably ruts in the road when it rains. ~ 'SCHULTHEIS: So by definition you're saying that what he has done now is an improvement. TRUSTEE KRUPSKI:'I don't understand that questi0m ' ER. SCI-IULTHEIS: You're telling me that by stripping all of the trees off of the land and leaving bare earth there, that's an improvement? TRUSTEE KRUPSKI: Oh:no, I didn't say that. I said we're not going m make him improve the road. If he wants to grade the road and put gravel un it, I don't think that' s a problem with this Board. That's more or less maintaining the road that's already there. But, we can't make him do that. We can't say that we're going to make '~you" do that. How could we do that? 27 Ml~ $CHULTHEIS: Thea the issue of flirt fac~...the informat/on that everybody has is that that area is g0mg tO be used to store boats. I understand that not in the Trustee's jurisdiction but you have to go to plsnnlng Board. There's nothing in the paperwork that was submitted by him...as a matter of fa~ ifI read the paperwork that was submitted by him, which I reviewed today, I mean it says that on the application that the surroundln~ area is completely commercial. He's surrounded completely by residential areas. That's not correct. TRUSTEE KRUPSKI: What is submitted on the survey shows that all oftbe houses there are residential. MR. SCHULTHEIS: But he's actually written on the application that he submitted for the permit he specifically says th~ the whole surrounding area is commercial. TRUSTEE SMITH~ I~s surrounding area is commercial. His area is commercial. MR. SCHULTHEIS: It says SUlTounding area. TRUSTEE POLIWODA: The area to the north is commercial, to the marina. MR. SCHULTHEIS: There's a residential line in betweer~ TRUSTEE KRUPSKI: Well he's going to put it on a plan and then we're going to take a look et it. But, to tell him he's got to improve, that's like comin4 to your property and Say "well you know you've got tuff and that' s running nutrients and you've got to tear the turf up because your running nutrients into the credo". Oh, you have a cesspool and well all of your shampoo and washing detergent and waste goes into the cesspool and where does that go. It goes Out into the bay. So, we'd go fi.om house to house. That would be nice if you could just plow everything untler. MR_ SCHULTHEIS: If everything is Ok then on this is says Note: Violation. What is the violation? I'm not hearing that it's a violation. Bm, it says that a violation has been issued. TRUSTEE KRUPSKI: Unfommetely, we've had a lot of that tonight. The violation was issued for clearing, t'or conducting activities within 75'. Now, we went out there when the violation occurred, this is a couple of months ago, and we taped it off; and most of the work that was done, on that comer was outside of 75' if you measure fi-om the bay or if you measure fi;om the creek. Most of that work is outside of 75'. MR. SCItULI'BEi. fl: BUt there is Work within 75'. TRUST. EE KRUPS,'KI: There is some sure. That's why is says Violation. Sure. Mil. SCHULTHEI$: So there is a Violation but nothing to be done to correct the dam~e that's been done. TRUSTI~ KRUPSKI: Well that's what we're here for. Ttm'swhat we're doing. IVIR. SCHULTHEtS: It references fences etc. and it would be nice to know that was going to be a fence so people don't have to look at it and it would cut down on the dust. But, there is no plan. TRUSTEE KRUPSKI: Well that's what he' s going to submit to us now. He's going to submit to u~ what be wants to do. That's why we're here. MR. SCHULTHES: So they'll be a pian submitted for us to look TRUSTEE KRUPSKI: Sure. TRUS'rP_J,~ FOSTER: Basically, Jerry, he told us when we met him that he wanted to clean...it's been a mess for years. He wanted to dean it up, grote the road, pave the road, we're not going to pemait that. He's going to have to put stone on the road, but. bear in mind, that's M-1 Zoning. If he want to store boats there, he can store boats there. 28 14. 15. MR_ SCHULTHEIS: With approval by the Planning Board. TRUSTEE FOSTEPc Well it's been M-1 for how long. MR~ SCHULTI-~.IS: The only thing that doesn't require pl~nnin£ Board approval in M-1 is residential. A-1 which is the first one, you can be right above that in the zoning, it says that any of these uses require site review by the Planning Board. TRUSTI~. SMITH: Well I don't think that will be a problem. TRUSTEE KRUPSKI: That's why there's M-1 Zoning in Town so penple can...traditionally it's a maritime area and people need upland space to support the. maritime industry whether it's for pleasure boats or commercial fisherman. I mean that's pretty traditional in Southold Town. . . MR. SCHULTHEIS: I understand that the zoning was like that when I bought the property. The zoning hasn't changed, the description of it hasn't changed, and I always felt that because it was that if anything was residential, it required Planning Board site review, as some degree of protection. TRUSTEE KRUPSKI: Well that's between Mr. Tuthill and the plsnnlng Board. Any other comment? Alright, do I have a motion to Table the hearing? TRUSTEE KING: So moved. TRUSTEE FOSTER: Seeondad. ALL AYES AN~IHONY IENNA requests a Wetland Permit to construct a fixed "T" shaped timber dock consisting ofa 4'X 24' fixed catwalk (min. 3.5' above grade of marsh); a 3'X 12' ramp; and a 6'X 16' float secured by (2) 8" diameter pilings. Located: 2400 Glenn Rd., Southold. SCTMg78-2-41 TRUSTEE KRUPSKt: Is there anyone here who would like to speak on behalf of this application? ANTHONY IENNA: I own the property and I had a dock pennit and it expired in Ianuary. I didn't realize when the expiration date was so I'm here to renew it. TRUSTEE IG~.UPSKI: Just give us a minute here to collect our thoughts. TRUSTEE POLIWODA: I looked at this today. There's a dock down the beach adjacent to'thls property and they all look as tliis one is written. I can't see not apProving it. I'd like to.see the fixed dock extended no more than 6' beyond the marsh and 6" pilings througt~out and 8" single pilings on the float. TRUSTEE KRUPSKI: There's a letm' from your neighbor who has no objection to the proposed dock and their only concern is nmlntaining the ~aVaral vegetation Of the shoreline. TRUSTEE KING: I'll make a motion to closethe hearing. - TRUSTEE SMITH: S~cond~d. AT.t; AYES TRUSTEE POLIWODA: I'll make a motion'to Approve with the condition that the fixed dock may not extend more than 6' beyond the marsh, 6" pilings on the fixed dock and 2- 8' single pilings to hold the float. TRUSTEE SMITH: Secondad. AI.I. AYES MICHAEL D. ANEREI,I,A requests a Wetland Permit for a 4'X 108' catwalk, a 16' ramp and an 8'X 16' floating dock. Located: 855 Pine Neck RtL, Southold. SCTMg"/0- 5-33 ~ TRUSTEE KRUPSKI: Is there anyone here for or against the application? Board of Trustees .... 3 ~ 24, 2000 Waiwer with the condition of a drl~well. TRUSTEE FOSTER seconded. ALL AYES 8. LAWRENCE M. T~THILL requests a Waiver to remove all second growth trees, to fill and grade property to level, grade pave roadway, to plant grass and erect fences. Located 945 Orchard Street, New Suffolk, SCTM#llT-5-46.4 TRUSTEE KRUPSKI TABLED - will be on the June Field Inspection ALL AYES 9. CAROL SAFIR requests an Amendment to Permit ~2280 to maintenance dredge a 20'x30' area. Located: 31210aklawn Avenue, Southold, SCTM#70-6-10 TRUSTEE KRUPBKI moved to approve with condition that request to dredge be removed from application, turn the existing float perpendicular to the shore line, and move 2 pilings. TRUSTEE POLIWODA seconded. ALL AYES 10. ALI ALARABI for Matt-A-Mar Marina requests an Amendment to Permi~ #5083 for the relocation of an electric box 100 ft. north of original location. Located: 2255 Wickham Avenue, Mattituck. $CTM9114-3=1 TRUSTEE KRUPSKI moved to table this application since the applicant has already received permission to do this work. What he has done without permission he has not asked for, will be on June Field Inspection. TRUSTEE POLIWODA seconded. ALL AYES 11. LEONARD J. FROSINA requests an Amendment to Permit ~1430 to add one float 6'x40'. Located: 675 Point Pleasant Road, Mattituck. SCTM#ll3-9-12 TRUSTEE KRUPSKI moved to table the application, will be on June Field Inspection. TRUSTEE FOSTER seconded. ALL AYES 12. MILDRED POLESNY & JERRYMATEJKArequests an Amendment to Permit 9868 to add a 4x12' ramp and a 6'x20' floating dock added to an existing fixed dock. Located: 1300 Strohson Road, Cutchoque, SCTM#103-10-27 TRUSTEE KRUPSKI tabled application requesting soundings. TRUSTEE KING seconded. ALL AYES 13. RICHARD ABATRTJ.I requests a Waiver for a second story addition. Located: 1915 Lake Drive, Southold. SCTM#59-5-5 TRUSTEE FOSTER moved to approve the request. TRUSTEE POLIWODA seconded. ALL AYES 14. THE CD Design Group, PLLC on behalf of PREM C. C~ATPA~ & THERESA PRENDERGAST requests a one year extension to Permit #4945. Located: 68~ Midway Road, Southold. SCTM# 90-2-9.1 TRUSTEE KING moved to approve one year extension. TRUSTEE POLIWODA seconded. ALL AYES TRUSTEE FOSTER moved to go off the Regular Meeting, TRUSTEE KING seconded. ALL AYES. Board of Trustees~-~ 27 ~ July 19, 2000 MR. MARGARETE: Yes that was giving them more area to dock. They were having a little problem with the landing craft and the boat sort of docking side by side. Depending on the wind condition. Sometimes it isa lot easier from the land out there and then bring the boat around and tie it up for the night. That was the reason for the extra float out in front. Right now I have dolphins out there. Where they land there because it was safer but they were kind of crashing into the old bulkhead and whatever else. So we decided to put a float out there and rubberize it. Give them something a little safer to land on. Then they can come around and land on the main float. TRUSTEE SMITH: Whatever they want to do in their own confined area. TRUSTEE KRUPSKI: We own the bottom there. MR. MARGARETE: It is more of landing site. Then a tieing up site. TRUSTEE KRUPSKI: Right and take the new piles out in the bay. Is there any other comments on this application? Do I have a motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE SMITH: I will make a motion to Approve the application of J.M.O. Consultants to build. TRUSTEE KRUPSKI: Is there a second. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 17. LA~RENCE M. T[~I~{ILL requests a Wetland Permit to remove all second growth trees, to fill and grade property to level, grade pave roadway, to plant grass and erect fences. Located: 945 Orchard St. New Suffolk. SCTM#117-5-46.4 TRUSTEE KRUPSKI: It is going to be postponed. We do not have a Plan from him. I spoke to him yesterday. He is trying to get his facts between our board and the planning board. Whether they are going to require road width and what not. So he does not want to apply to us with one thing and then have to go back to them for something different. He wants to get everything straightened out on paper before he actually applies. Which make sense. Because you have to go to the planning board anyway. So you might as well incorporate all there requirements into our permit. So that is postponed at the applicants request. 18. BARBARA BR~NJES requests a Wetland Perm/t to repair existing bulkhead, remove existing 14 1.f. bulkhead retUrn and '14 1.f, of retaining wall and reconstruct with timber bulkhead. Located:. 975 Arshamomaque Avenue, Southold SCTM%166i3-5~ TRUSTEE KRUPSKI: Is there anyone who would like to speak on behalf of this application? CAC recommends approval. jOHN LOPER: Yes John Loper representing Barbara Brunjes. She is not present. If you have any questions please feel free. TRUSTEE KRUPSKI: Who inspected this? Ken, TRUSTEE POLIWODA: No TRUSTEE KRUPSKI: Henry Albert J. Krupski, President James King, Vice-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) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Greg Yakaboski - Town Attorney Lauren Standish June 26, 2000 Letter of Request from Larry Tuthill Please advise as to how the Trustees should proceed. Thank you. LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER P.O. BOX 162 GREENPORT, N.Y. 11944 (631) 477-1652 I 1 7- 5-z J° LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER P.O. BOX 162 GREENPORT, N.Y. 11944 (631) 477-1652 NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE'OF VIOLATION Lawrence Tuthill Date: March 24, 2000 (Owner or authorized agent of owner) Address: 1215 Inlet Laner Greenport, N.Y. 11944 (Ad,ess of owner or authorized agent of owner)' Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article II, Section 97-20 a premises hereinafter described in that you are conducting operations within 75 feet of wetlands without first obtaining a permit from the Southold Town Trustees. You are t~ere~re directed and ordered to comp~ with the ~Howing: Apply for a Trustee Permit for work already done. on or before the 14 day'of April,' :,20,00 .' : The premises to which this Notice of Violation refers are situated at: 945 Orchard St. New Suffolk Town of Southold, Suffolk County, NY (Suffolk County Tax Map Designation: Dist. 1000 Section: 117 Block: 5 Lot: 46.4 ) Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprisonment or both: NOTICE.' Ycm have the right to apply for a hearing before the Board of Trustees of the Town of South01d, provided that you file a written r~quest with the Clerk of the Trustees within 10 days after service of the Notice of Violation. Such req~ ~all ~ave annexed thereto a copy of the Notice of Violation upon which a Hearing is reques~ed.':and s~al] s{tl6rth the reasons why such notice of viola- tlon should'be modified or resclnde~t. Ba)l Constable, Tox~n of Southol[1, NY seconded by Trustee Tuthill to approve Grandfather permit and CoaStal Erosion permit. ALL AYES. 2. Peconic Land Trust on behalf of the Plock Family request that the Trustees approves the concept of a conservation easement to be donated to the Peconic Land Trust from the Plock family. This was discussed at the work session and a proposed resolution was read. A motion was made by Trustee . Krupski and seconded by Trustee Albertson to approve the above with the prevision of checking the language with the Town Legal Department. ALL AYES. 3. GERALD SCHULTHIES - Board to amend the resolution of December 6, 1993. A motion was made by Trustee Bredemeyer and seconded by Trustee Krupski to suspend as appose to rescind the permit until such time that the ownership in question is adjudicated. ~T.T. AYES. 4. BRICK COVE MARINA - Finding and Decision. Located Sage Blvd., Greenport. I would like to announce to anyone here th~s evening that a ministerial error lead to a defect in a publishing of a notice which may have lead any reasonable person would think they could be heard. In reality we had closed the public hearing in this matter and as such that has been concluded. The clerk noticing that an error had been made attempted to have the public media withdraw and provide an amended notice which was published on the 16th of December. This is not a hearing and would announce that has been concluded, but as has been the past practice of the Trustees we would have not objection to anyone addressing the Board on this or any matter. Each of the Board members are in receipt of the resolution in the matter of the findings. I will read it to the Board and for their consideration and vote in the matter. TRUSTEE KRUPSKI: Read Findings Statement Telephone (516) 765-18q2 Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the meeting of the Southold Town Conservation Advisory Council held Monday, May 22, 2000, the following recommendation was made: Moved by Scott Hilary, seconded by Richard Smith, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Waiver Request of LAWRENCE M. TUTHILL 117-5-46.4 to remove all second growth trees, stumps, brusk etc. and to fill and grade property to level, grade pave roadway, and to plant grass and erect a fence. Orchard St., New Suffolk Schoolhouse Creek The CAC recommends Disapproval and recommends the proposed project be applied for as a full permit to include details. The scope of the project is not clearly defined ie. Non-turf buffers, drainage and pervious driveway. The CAC has a concern about the existing fuel tank that is too close to the bulkhead. Vote of Council: Ayes: All Motion Carded NEW CUTCHOGUE HARBOR June 14, 2000 To the Board of Trustees Town of Southold Feather Hill Southold NY 11971 RE: Larry Tuthill, area zoned M1 in New Suffolk Dear Board of Trustees, This letter is in support of a property owner doing what he wishes with his property, specifically the area in Schoolhouse Creek abutting the right of way from First Street into the Creek. According to the Town Code, MI may have a variety of uses. The construction of homes etc. displaces more of our vaiuable resources than clearing and maintaining the roadsides and certain areas. If some of the neighbors are objecting on the grounds that their property value and quiet enjoyment are being tainted, they could plant their own trees and vegetation to screen themselves from what they perceive as a blight on the landscape. They might want to think what it was once like for the original neighbors who have watched bait shops, smail residences etc. bloom into stately residences. We lost much of our charm here in New Suffolk with the population relocating · to New Suffolk to enjoy the charm. Larry and his father (Capt' Harry Tuthill) have been the custodians of School House Creek and its' environs for as long as I can remember. The corner piece of which much dissension is currently being made has been an overgrown, poison ivy infested plot( no berries here) since the buildings which were previously there have been torn down. As a matter of fact, it also has been used for other people clearing their garden and yard debris and adding their own little deposits to this particular area. I think that it would be much nicer to have the lot cleared and mowed. There are cars parking to access their boats every which way on the creek road and it makes for poor navigation for any one with a right of way in the creek road to maneuver through the area. If the sides were cleared and pruned back it really would make more sense than the way it is now. The people who are using the dockage are more than entitled to be able to access their summer residences for which they are paying rent. From what I can ascertain from reviewing Mr. Tuthill's request, is that his intention is to clear up and maintain his own property. I most certainly would not want anyone telling me that I cannot remove what I deem to be unsightly from my own area. In closing I just really want to say that as a fellow New Suffolker I can understand the value of any of our vacant land that is left; however if it can potentially be hazardous (poison ivy, deadly nightshade, water rats, "millions" of bugs/ticks and raccoons) maybe the land could be pruned back and more parking for the dock users be provided. Thank you for your time and consideration in reviewing this correspondence. Christine A. Stulsky formerly Fogarty 515 Orchard Street PO Box 114 New Suffolk NY 11956 To the Board of Trustees, Town of Southold Feather Hill Southold NY 11971 June 14, 2000 RE: Larry Tuthill-area in MI in New Suffolk Dear Board of Trustees, As someone who was born and raised in New Suffolk and saw how Harry Tuthill made a marshland into docking for boats, I would like to say that I feel that the Schoolhouse Creek area should stay with the Tuthill family and that they should be able to do with this what they so wish. Thank you for your time and consideration. Very truly yours, Annetta (Sis Goodale)Fo~ar--fy Nordlinger owner of 325 Orchard Street through and including 515 Orchard Street New Suffolk ATTORNEY AT LAW VIA CERTIFIED MAIL - RRR Lawrence M. Tuthill P.O. Box 129 New Suffolk, N.Y. 11956-0129 685 ORCHARD STREET P.O. BOX 653 NEW SUFFOLK, N.Y. 11956-0653 (6.~1) 734-6639 TO ArN OF ('r UTUn, ,-, Re: Application to Board of Trustees, Town of Southold Premises: 1000-117-5-46.4 New Suffolk, N.Y. Dear Mr. Tuthill: ~ I am writing on behalf of my husband Gary Buckner and myself, owners of property adjacent to the site which you seek permission to alter pursuant to your application presented to the Town of Southold Board of Trustees, dated 4/26/00. As my husband discussed with you, we are very troubled about the changes which you have proposed. We purchased our house three and a half years ago. We have two young children. The area which you own behind our house has always offered a natural buffer between us and the private road which you own and your leased boat slips beyond. While we enjoy watching the boats glide by during the season, we are very dismayed to learn that you have plans to remove all natural growth behind our house. We do not have any fears that the trees in that area will cause any damage to our property, quite to the contrary, we feel that the area should be preserved for the natural buffer it provides, and the untamed and natural habitat it offers as home to many species of birds and other creatures. There are more birds living here and visiting our property than we have ever experienced. All this would be destroyed by your proposed removal of tress, bushes and brush, the planting of grass and installation offences. I must admit, I do not understand why you are requesting to do this, but if it is about maintenance, we are more than happy to offer assistance. My husband and I, since we moved in, have mowed and maintained the grassy portion of your property beyond our fence. We are happy to do so, and will continue to as long as we are here. During the boating and summer season a number of cars park directly behind our house on the grassy area which extends one quarter of the width of our property, and more along the side of your private roa& If that nattwal buffer is removed and the area graded and planted with grass, we fear that the whole oftbe area running the width of our back yard will become parking. Not only will all the birds and other creatures disappear, but we will have no buffer at all from the boating crowd, its noise and the view of a parking lot beyond our back fence. We beg you, Mr. Tuthill, to reconsider your application~ Please do not remove the trees, shrubs, abundant raspberry bushes and natural buffer behind our house. Thank you for your consideration. V.~ truly yours, Valefie Marvin cc' cc/~.'.' l~eoard of Trustees, Town of Southold 05/24/0o 0o:12 FAX ~02 May 24, ~000 UBALDO GONZAL£Z, M.D., P.C. 360 South Oys~r Bay Road Hicksvillc, New York 11801 Telephone: ($16) 938-6~1~ MAY2 42000 Att: Board of Trustees Re : £nviromental Review on SCTM # 1000-117-5-46.4 Lawrence Tuthill This letter is in response to Mr. Tuthills request for a permit on property next to our house in New Suffolk. Since these changes will significantly affect the value of our property, we are definitely interested in knowing what kind of activities Mr. Tuthill has in mind for this piece of land. We hope that these chahges would not increase the volume of traffic in front and side of our home. This will bring not only an increase in noise but also a tremendous increase in dust that will permeate into the house everytime a car goes into Mr. Tuthill's creek property. We strongly without the parked cars We are willing are limited to believe that the situation has already reached a limit added increase of traffic by storing more boats and next to our property on the land he has just cleared, to cooperate with him, providing these activities a minimum. Sincerely, Ubaldo and ez OS/24/OO oo:12 FAX ~01 FAX TRANSNTTTAL DA'rE May 24'j 2000 TO Southold Town Hall A'I'I'ENTION Board oT Trustees FAX NUNBER 1'-631-765-1366 PAGE L:uHI'I E NTS 1 PAGES + Re: E. nviromental Review of Lawrence Tuthill Iq(OH Ubaldo and Pat Gonzalez P.O. Box 53 New Suffolk, N.Y. 11956 Board of Trustees Town of Southold 53095 Main Street Southold, N.Y. 11951 May 17, 2000 Ladies and Gentlemen: Subject: SCTM #I000-117-5-46.4 (Mr. Lawrence Tuthill) I am disappointed that the "Notice to Adjacent Property Owners (SCTM #1000- 117-5-46.4)", written in a way implying improvements to and beautification of said property, may actually be a tactic to deceive bordering property owners into unwittingly allowing destruction of the nature conservancy and making a vehicle and boat parking area. I discussed the situation with Mr. Jerry Schultheis, who has already written a letter to you dated, May 15, 2000 and I wholeheastedly agree with him. I now believe that before SCTM #1000-117-5-46.4 is approved as originally stated, the DEC and Southold Town Planning Board must get involved for issuance of the required permits. My concerns are the destruction of the natural conservancy and pollution of the eco-system, which then also affects the health of human beings. · The destruction that has already taken place caused the displacement of large rats that some residents have observed in their domains. Storage and cleaning of boats is likely to cause seepage of washings, gasoline and possibly other chemicals into the groundwater. The natural flow in water table is from north to south, in other words from Mr. Tuthill's property to adjoining properties to his south. Creosote soaked and CCA pressure treated wood products are being stored on Mr. Tuthill's property. Creosote is known to be a human carcinogen. Chromium copper arsenate (CCA) is a deadly poison and may be a human carcinogen. When CCA treated wood bums, inhalation of toxic fumes will cause death to humans. · New Suffolk has had more than its share of human cancers and I want to be an advocate for preservation of health and life. Very truly yours, STAN~L SADOWSKI SCTM # 1000-117-5-39 cc: NYS DEC - Tidal Wetlands Southold Planning Department Town Attorney - Greg Yakaboski (631) 734-7265 RE: SCTM~ 117-5-46.4 (Southold) CERTIFIED MAIL May 15, 2000 Mr. Ray Cowen, Regional Director NYS DEC SUNY-Building 40 Stony Brook, NY 11790 Dear Mr. Cowen, Subject: LawnHlce M, Tuthm ~ ?n,stees I would like to take this opportunity to follow up on a previous letter sent to the DEC on March 13, 2000 (copy enclosed) which in spite of attempts to get an answer to I still do not know the status of. I called on April 6, 2000 and spoke to K Worker who could not find the letter, which was mailed certified tatum receipt requested and signed for by E. Ned on March 16, 2000. I faxed and E- Mailed a copy of the letter to Ms. Worker on Apdl 6 (FAX-631 ~.~. 0297 & e-mail: kxworker~w.dec, state.n¥.us). I heard nothing back and I called again on April 17, 2000 and spoke to Chris Arsten an Inspector. He told me he did not talk to his supervisor yet but he did take pictures of the site in question. He also said he had not heard anything from the Town of Southold Trustees and that it was OK to cut down the trees and fill in the land. He also indicated he did not see any excavation. I indicated that the Applicants' Guide for the Tidal Wetlands Program in my possession indicated othen~isa. He indicated he would get back to me. It is now May 15, 2000 and I have heard nothing. A heedng is scheduled by the Southold Town Trustees for Wednesday May 24, at 7:15 PM. I believe that the work, which has taken place, clearly requires a permit and that enforcement action need to be taken by the DEC. I have enclosed correspondence I have sent to vedous Southold officials for your information. I firmly believe the work that was dane by Mr. Tuthill for the purpose as I understand to create a parking lot was done without the necessary DEC Permits and that remedial action needs to be taken to stop the project and restore the land to its original condition. Thank you very much for your consideration and would appreciate a response as to what action might be taken by your agency. Sincerely, cc: Southold Town Trustees Southold Planning Board Southold Town Attorney Jerry Schultheis May 15, 2000 RE: SCTM# 117-.5-46.4 CERTIFIED MAIL Mr. Greg Yakabeski Town Attorney Town of Southold 53095 Main Street Southold, NY 11951 Dear Mr, Yakaboski, I would like to take this opportunity to present you with a summary of issues I believe need to be addressed regarding the pending application of Lawrence M. Tuthill before the Town Trustees scheduled for 7:15 PM on Wednesday May 24. I do not believe that the entire scope of the prdject is correctly outlined in the application. It's my understanding that this significant investment in capital is not being done to dear and dean-up in order to "plant and mow grass" but however is being dor~ to allow a third party to use the area as a parking lot. This use is clearly not in conformance with the surrounding residential utilization of the area. The Town of Southold Zoning Code for Madne I (MI) District dearly calls for site plan approval by the Planning Board for the use intended as well as a special exception by the Board of Appeals. The Applicants' Guide from the NYS DEC-Tidal Wetlands Program dearly requires permits for roads, driveways and perking lots; for MOVEMENT OF EARTH MATERIAL such as filling and clearcutting (removal of vegetation by bulldozer or other heavy equipment); for Excavating; and for Grading. All of these activities have already taken place. This is clearly an ill-conceived project, which does not fit in with the character of the residential neighborhood and should be terminated and the land restored to its original state. Sincerely, Jerry Schultheis cc: NYS DEC Town Planning Board Town Trustees 1640 First St., PO Box 299 New Suffolk, NY 11956 (631) 734-7265 (s31) 734-72s5 May 15, 2000 RE: SC'T'M~ 117-5-46.4 CERTIFIED MAIL Planning Board Town of Southold 53095 Main Street Southold, NY 11951 Dear Planning Board, I would like to take this opportunity to bring to your attention a situation involving a headng before the Town Trustees on Wednesday, May 24, 2000 at 7:15 PM. The application by Lawrence M. Tuthill addresses assorted clearing and cleanup. The application does not address that apparently the work is being performed in order to oreate a parking lot. I reviewed the Southold Zoning Code to check the requirements for Marine I (MI) District which lot 46.4 is in. Section A of the Use Regulations indicates that th~ intended use is subject to site plan approval by the Planning Board. The apparent intended use is for a parking area and there is already dock building materials stored on the site. Section B indicates that a special exception by the Board of Appeals and a site plan approval by the Planning Board are also required for Mariculture or Aquaculture operations whk:h are based at this site. The operations include re-seeding contaminated clams and stodng shellfish in the bay. I am not aware of any record of such site plan approval or granting of a special exemption. In regards to the removal of over 20 mature trees which has already taken place in order to "plant and mow grass" I don't believe what has been done conforms to the residential use of all the surrounding properties. I also believe when you review the dimensions of the land being utilized you will realize that when existing ROW's are taken into consideration there is not enough room to allow turning radius's of boats on trailers without ruining the remaining vegetation on the lot. In summary, I believe this is an ill-ConCe~vad prdlect, which has progressed without the necessary approvals. The scope appears to be more significant than outlined in the application. The project does not fit in with the character of the neighborhoOd; it will decrease property values and should be halted and returned to its original condition. Sincerely, cc: NYS DEC Town Trustees Town Attorney JemjSchultheis March 13, 2000 RE: Tax Parcel-Suffolk County:.D-1000,S4 17,B-5,Lot-46.4 CERTIFIED MAIL NYS DEC-Tidal Wetlands Region One Headquarters N Loop Rd, SUNY Campus Stony Brook, NY 11790 Attention: Code Enforcement To Whom It May Concern: SUBJECT: LAND CLEARING I would like to take this opportunity to advise you of what I believe is unauthorized land clearing. The deanng is vaklng place on tax parcel: District 1000, Section 117, Block 5, Lot 46.4 located on Schoolhouse Creek in New Suffolk. The neighbors have informed me that the clearing is being done to provide parking for vehicles and boats. There does not appear to be any permit displayed and my review of the Tidal Wetlands Program, Applicants Guide indicates a permit is required for the CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of parking lots as well as for the MOVEMENT OF EARTH MATERIAL such as: cleanng and/or clearcutting (removal of vegetation by bulldozer or other heavy motorized equipment). The work is being performed within 30 feet of the tidal wetlands of both Cutchogue Harbor and Schoolhouse Creek. A backhoe is being used to remove tree sttunps. The eastern portion of the lot has been completely denuded of trees up to 18" in diameter. Over 20 trees have been rut down. This is especially sad since the area has always been a haven for a variety of birds. It is also a shame since the Hamlet of New Suffolk has undertaken a project to replace trees lost in last summer's tornado. I am personally concerned because I have a deeded right to maintain a well on the property and unfortunately, I do not know where it is located. I would hate to have leaks from vehicles and loose boat bottom paint polluting the ground water. I would appreciate heating from both the State and Town Officials if this devastation of the landscape can occur without permission. This letter is a follow up to a telephone complaint I made to the DEC on Monday March 6, 2000 as well as to Mr. Ed Forrester in Southold on Monday March 13, 2000. Thank you for your attention and please do not hesitate to contact me if I can be of any further assistance. Sincerely, cc: Southold Planning Department Southold Trustees Southold Code Enforcement 1640 FIRST ST., PO BOX 299 NEW SUFFOLK, NEW YORK 11956 New York State Department of Environmental ! ~ervc PROGRAM MARLO M. CUOMO, Governor THOMAS C, JOI~LING Cornrnis$;oner TIDAL WETLANDS PROGRAM ARTICLE 25, ENVIRONMENTAL CONSERVATION LAW IMPLEMENTING REGULATIONS--6NYCRR PART 661 INTRODUCTION Tidal wetlands line much of the salt water shore, bays, inlets, canals, and estuaries of Long Island, New York City, and Westchester County. They also line the Hudson River in Westchester and Rockland Counties upstream to the salt line, and are regulated along the Hudson from its mouth to the Tappan Zee Bridge. These ecological areas are valuable in many ways including marine food produc- tion; wildlife habitat; flood, hurricane, and storm control; recreation; cleansing of ecosystems~ absorption of silt and organic material; education and research portunities; and aesthetic values. Adjacent areas may share some of these values and, in addition, provide a valuable buffer for the wetlands. Certain kinds of human activities can adversely affect, and in some cases destroy, the delicate ecological balance of these important areas. The policy of New York State, as set forth in the Tidal Wetlands Act, is to preserve and protect these wetlands. To implement this policy, the New York State Department of En- vironmental Conservation (DEC) administers the Tidal Wetlands Regulatory Pro- ~ram which is designed to prevent the despoliation and destruction of tidal wetlands by establishing and enforcing regulations that: 1. Preserve, protect, and enhance the present and potential values of tidal wetlands, 2. Protect the public health and welfare, and 3. Give due consideration to the reasonable economic and social develop- ment of the state. WETLANDS ARE MAPPED Official tidal wetlands maps showing the exact locatioas of New York's regulated wetlands are on file in the County Clerks' Offices of Nassau, Suffolk, Bronx, Kings, New York, Queens, Richmond, Rockland, and Westchester lO/Ol/91 2 Tidal Wetlands Program Counties, and are also available at local assessing agencies in these areas and at DEC regional offices in Regions 1, 2, and 3. Regulation is based on the Tidal Wetlaads Land Use Regulations (6NYCRR Part 661). The wetland categories used in these regulations are identified by the types of vegetation present. The categories of wetlands and the restrictions placed on activities in and around them are defined in detail in Part 661. REGULATED ACTIVITIES The Tidal Wetlands Act provides for a permit program to regulate activities to be carried out in tidal wetlands and their adjacent areas. In general, tidal wetlands consist of all the tidal waters of the state and the tidal marshes, flats, and shoreline areas. The adjacent areas extend up to 300 feet inland from the wetland boun- dary (up to 150 feet inland within New York C~ty). A permit is required from DEC for almost any activity which will alter wetlands or the adjacent areas. Some of the most common activities which DO require permits include: 1. CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of structures such as: Residences and condominiums Accessory structures (tennis courts, swimming pools, decks, garages, etc.) Boat ramps and boat slips Commercial and/or industrial buildings Dams, dikes, weirs Docks, piers, wharves, catwalks, boardwalks Groins, jetties, and breakwaters Bulkheads, sea walls, retaining walls, rip-rap, and gabions Septic systems Roads, driveways, parking lots, bridges, drainage structures DO YOU NEED A PERMIT? P.O. Box 53 New Suffolk, N.Y. 11956 May 17, 2000 Board of Trustees Town of Southold 53095 Main Street Southold, N.Y. 11951 Ladies and Gentlemen: Subject: SCTM #1000-117-5-46.4 (Mr. Lawrence Tuthill) I am disappointed that the "Notice to Adjacent Property Owners (SCTM #I000- 117-5-46.4)", written in a way implying improvements to and beautification of said property, may actually be a tactic to deceive bordering property owners into unwittingly allowing destruction of the nature conservancy and making a vehicle and boat parking area. I discussed the situation with Mr. Jerry Schultheis, who has already written a letter to you dated, May 15, 2000 and I wholeheartedly agree with him. I now believe that before SCTM #1000-117-5-46.4 is approved as originally stated, the DEC and Southold Town Planning Board must get involved for issuance of the required permits. My concerns are the destruction of the natural conservancy and pollution of the eco-system, which then also affects the health of human beings. · The destruction that has already taken place caused the displacement of large rats that some residents nave observea in their domains. Storage and cleaning of boats is likely to cause seepage of washings, gasoline and possibly other chemicals into the groundwater. The natural flow in water table is from north to south, in other words from Mr. Tuthill's property to adjoining properties to his south. Creosote soaked and CCA pressure treated wood products are being stored on Mr. Tuthill's property. Creosote is known to be a human carcinogen. Chromium copper arsenate (CCA) is a deadly poison and may be a human carcinogen. When CCA treated wood bums, inhalation of toxic fumes will cause death to humans. · New Suffolk has had more than its share of human cancers and I want to be an advocate for preservation of health and life. Very truly yours, cc: NYS DEC - Tidal Wetlands Southold Planning Department Town Attorney - Greg Yakaboski March 13, 2000 RE: Tax Parcel-Suffolk County:D-1000,S-117,B-5,Lot-46.4 CERTIFIED MAIL NYS DEC-Tidal Wetlands Region One Headquarters N Loop Rd, SUNY Campus Stony Brook, NY 11790 Attention: Code Enforcement To Whom It May Concern: SUBJECT: LAND CLEARING I would like to take this opportunity to advise you of what I believe is unauthorLzed land cleanng, The cleating is t~k-;ng place on tax parcel: District 1000, Section 117, Block $, Lot 46.4 located on Schoolhouse Creek in New Suffolk. The neighbors have informed me that the clearing is being done to provide parking for vehicles and boats. There does not appear to be any permit displayed and my review of the Tidal Wetlands Program, Applicants Guide indicates a permit is required for the CONSTRUCTION, RECONSTRUCTION, and/or EXPANSION of parking lots as well as for the MOVEMENT OF EARTH MATERIAL such as: cleating and/or dearcutting (removal of vegetation by bulldozer or other heaW motorized equipment). The work is being performed within 30 feet of the tidal wetlands of both Cutchogue Harbor and Schoolhouse Creek. A backhoe is being used to remove tree stumps. The eastern portion of the lot has been completely denuded of trees up to 18" in diameter. Over 20 trees have been cut down. This is especially sad since the area has always been a haven for a variety of birds. It is also a shame since the Hamlet of New Suffolk has undertaken a project to replace trees lost in last summer's tornado. I am personally concerned because I have a deeded right to maintain a well on the property and unfortunately, I do not know where it is located. I would hate to have leaks from vehicles and loose boat bottom paint polluting the ground water. I would appreciate hearing from both the State and Town Officials if this devastation of the landscape can occur without permission. This letter is a follow up to a telephone complaint I made to the DEC on Monday March 6, 2000 as well as to Mr. Ed Forrester in Southold on Monday March 13, 2000. Thank you for your attention and please do not hesitate to contact me if I can be of any further assistance. Sincerely, Jerry Schultheis cc: Southold Planning Department Southold Trustees Southold Code Enforcement 1640 FIRST ST., PO BOX 299 NEW SUFFOLK, NEW YORK 11956 05/Z4/00 00:12 FAX May 24, 2000 UBALDO GONZAL£Z, M.D., P.C, 360 South Oysmer Ray Road Hicksvillc, New York il801 Telephone: (516) 938-63~3 Att: Board of Trustees Re ; £nviromental Review on Lawrence SCTM # 1000-117-$-46.4 Tuthitl This letter is in response to Hr. Tuthills request for a permit on property next to our house in New Suffolk. Since these changes will significantly affect the value of our property, we are definitely interested in knowing what kind of activities Mr. Tuthill has in mind for this piece of land. We hope that these chahges would not increase the volume of traffic in front and side of our home. This will bring not only an increase in noise but also a tremendous increase in dust that will permeate into the house everytime a car goes into Mr. Tuthill's creek property. We strongly without the parked cars believe that the situation has already reached a limit added increase of traffic by storing more boats and next to our property on the land he has just cleared, We are willing to cooperate with him, providing these activities are limited to a minimum. Sincerely, Ubald0 and p~a~ G~onzalez Tidal Wetlands Program 3 2. MOVEMENT OF EARTH MATERIAL such as: Filling~ dredge spoil placement, dune building, beach nourishment, clearing and/or clearcutting (removal of vegetation by bu|ldozer or other heavy motorized equipme~nt). Dredging. Excavating. Grading.. 3. SUBDIVIDING OF LAND. DO NOT START A PROJECT BEFORE OBTAINING A PERMIT! If activities which are regulated under the Tidal Wetlands Act are begun before a permit is obtained, the person undertaking these activities and any contractors working for that person may be subject to enforcement action by the DEC. Such action may include: 1. Civil or criminal court action, or both, 2. Fines, or 3. An order to remove structures or materials or perform other remedial action, or both a fine and an order. EXEMPT ACTIVITIES · Continuation of lawfully existing uses which do not involve the alteration of land, a]teration of wetlands, or changes to structures in or adjacent to the tidal wetland DO NOT require tidal wetlands~ permits. However, you must be careful not to take too broad an interpretation of this category. For example, replacing broken boards on a functional dock does not re- quire a permit, but changing the length, width, or position of the dock does re- quire a permit. Also, work on a structure that has deteriorated to the point where it is no longer functional is NOT exempt from permit requirements. If you are in doubt about whether an activity requires a permit or not, contact the Division of Regulatory Affairs at the appropriate DEC regional office BEFORE beginning design, engineering, or actual on-site work. IS YOUR PROJECT I XEMPT? P.O. Box 53 New Suffolk, N.Y. 11956 Mr. Lawrence M. Tuthill P.O. Box 129 New Suffolk, N.Y. 11956 Dear Mr. Tuthill: May 4, 2000 'O¥iN OF Your "Notice To Adjacent Property Owner", SCTM #100-117-5-46.4 filed with the Southold Board of Trustees was received and I appreciate your effort to notify your neighbors. I am somewhat dismayed that you would remove said wild trees and underbrush which in its own is a nature conservancy, albeit small, for numerous small animals (turtles, squirrels, rabbits, and many small birds). For these reasons I would like to leave the property adjacent to, and north of my property line, map #117-5-39, as is. .,~ In effort to conserve the particular sector north of map #117-5 ,~9~proba~40 feet, but not into your private roadway, I offer to purchase from you at a price in your favor, if you wish to discuss with me. Please let me know. CC: Board of Trustees Southold town P.O. Box 1179 53095 Main Road Southold, N.Y. 11971 Very truly yours, SADOWSKI (631) 7347265 May 15, 2000 RE: SCTIV~ 117-5-46.4 CERTIFIED MAIL Town Trustees Town of Southold 53095 Main Street Southold, NY 11951 Dear Town Trustees, I would like to take this opportunity to address my concerns regarding the application of Lawrence M. Tuthill for a Waiver for assorted clearing and cleanup. It is my understanding from what I have been told by the neighbors that the purpose of this land cleadng is to create a perking lot on the site. This item is not mentioned in the copy of the application I have received from Mr. Tuthill. For the record I am the owner of lots 46.3 and 44 both of which abuts lot 46.4. As pert of my deed to lot 46.3 1 have a deeded ROW to a section of lot 46.4 which runs for a width of 29 feet from Orchard St. north to lot 46.3 as well a section 25 feet wide which runs along the south side of lot 46.3. I also have a deeded ROW to maintain a well for my domestic water on lot 46.4 whose location is unknown to me. I believe that is completely out of character to locate a parking area in an ama completely surrounded by residential use. The area, which has been completely denuded of ail trees and vegetation, had served as a natural habitat for birds and wildlife. Since the unauthorized clearing has taken place, I have observed large rats on my property for the first time since I bought the property in 1987. I have questions regarding the material presented in the application, which need to be addressed. I cannot find any adjacent neighbor to the area cleared whom asked for the cleadng to take place. The application mentions fences to be installed but does not address where they will be located as well as what type they will be. Reference is made to peving which will be performed but the limits of peving are not delineated nor is the type of peving specified. I wilt admit that peving is a necessary element because of the excessive dust raised by vehicles ddving by. In fact, the additional dust generated by users of the perking areas will worsen the dust situation. If a proper job of grading is performed before the peving is completed it should eliminate the problem from large puddles in the roadway which can serve as breeding areas for mosquitoes. The application references the rernovel of second growth trees. How does one define second growth trees? I have counted more than 20 trees, which were removed, and the diameters of the trunks of the trees were up to 18 inches. In light of the efforts of the New Suffolk Civic Association to replace trees destroyed by last summers tornado we ail should be saddened by the unauthorized removal of these mature trees. The application states that the area will be cleaned up end grass will be planted and that the grass will be mowed. Since 1987 when I moved to the area I have never observed any clean up or maintenance of the applicants property. It seems like a significant expenditure of funds is being undertaken for the puq:)oss to plant and mow grass. To date them has been heavy equipment used to remove tree stumps and I estimate that at least 10, 30-yard dumpsters of material have been removed. I have been told it costs $600 to $1000 to dispose of each Dumpster. It sure seems like an e~pensive undertaking to "cut and mow grass". · Page2 May 16, 2000 A review of the Southold Zoning Code for a MI District indicates that any uso other than A (1) is subject to site plan approval by the Planning Board. I have seen no evidence that the site plan approval for this project has been granted or applied for. It has been brought to my attention by neighbors that Phil Loda fl'om Captain Martys will use the perking lot for his purposes. Theso causes me even more concern becauso of numerous issues which involve the presont oparation of Captain Martys. It appears that the boats stored on SCTN~ 117-7-31 & 32 actually occupy a portion of the Town ROW for First St. The tongues of the trailers stored on the lots ovedap the ROW and sit on Town property that coutd be used as a sidewalk or a curb to improve conditions in the area. There is not a single entrance to the perking area and the Town ROW is crossed throughout its entire length along First St. In addition if you refer to the tax map for the area it shows that King Street extends to Cutchugue Harbor. How much revenue does the town collect for this uso of public land by a pdvate business? This public property could be used for the good of the citizens by providing access to the water as with other ROW's or to alleviate the perking problems in the area. Dudng spring and fall you need to observe the traffic, tie-ups, which occur on First St. as boats, are jockeyed into position for storage. If this occurs with a 50 foot ROW for First St. how will it be possible to perk boats when the actual road on lot 46.4 is only 10 feet wide? There are additional concerns I have with the present utilization of lot 46.4 in light of its MI Zoning. At present, there are dock-building materials consisting of CCA & Creosote treated wood as well as metal sheet piling stored on the site. This does not appear to be a permitted uso in MI. I am even more concemed about the treated wood becauso it is presontly stored in an area where my domestic wall is probably located. Section B of the MI Zone references a special exception by the Board of Appeals as wall as site approval by the Planning Board for Maficulture and Aquaculture operations. It appears that the operations, which support reseeding clams and stodng Shellfish, which are based on lot 46.4 should conform to this requirement. Do such site plans exist? VVhat is going to be done with the lead-add batteries resting on the top of the bulkhead next to the water? Is the empty fuel tank sitting next to the road further to the west going to he removed? Are the commercial boats allowed to leave their engines idling for hours spewing diesel fumes throughout the neighborhood while unattended? Will the commercial boats continua to flush out their systems while tied to the docks? These ere all quality of life issues, which need to be add~. I must also express my concerns on how work will progress on this project if it is allowed to continua. At present, an inspection of the site will show the use of road sweepings and broken concrete, which have been brought in as fill. In the last week additionat tree, removal has taken place as evidenced by the new pile of wood near the property line between lots 39 & 40. In summary I would like to state that I believe this is an ill conceived project which has progressed without the necessary approvals, appears to be more significant than outlined in the application, does not fit in with the character of the neighborhood and therefore should be halted and the land restored to its previous state. My primary concern involves what the mess that now exists will look like after this destruction of the landscape is resolved. I would hope that there would be an opportunity to allow for public opinion on what remedies might be undertaken. Cc: NYS DEC, Southold Planning Board, and Southold Town Attorney July 5, 2000 RE: SCTM# 117-5-46.4 (Southold) Mr. Albert J. Krupski Town Trustees Town Hall 53095 Route 25 PO Box 1179 Southold, NY, 11971 U[!/Jut_ I 0 .000 ,. Dear Town Trustees, SUBJECT: LAWRENCE M. 'IUTHILL APPLICATION Enclosed please find a letter 1 sent to Mr. Tuthill regarding his plans for his lot in New Suffolk. I believe the letter is self-explanatory and provides a fair solution to the problem created by the land clearing performed without the necessary permits. The purpose of the letter is to preserve the existing location of' the road and to preclude the removal of additional vegetation along the beach and on the south side of my garage. I have offered to install curbing and pervious roadwa, y material to prevent the constant dust and erosion, which occurs on the road. I have enclosed a copy of a letter I received from the DEC on July 7, 1993 when I was going through the process of getting a permit to repair the damage to Mr. Tuthills property inflicted during the storm of December 11-12, 1992. The letter specifies that the roadway be no further seaward than LILCO pole # 8Al and that the roadway be no wider than 12 feet. I would propose to do this work only with the approval of Mt; Tuthill mid the necessary agencies. I believe that if the work that I will fund is completed it will resolve my concerns for the unauthorized work that was performed as well as enhance the value of Mr. Tuthills property just as the previous road stabilization I funded. If you have any questions or concerns, I would be happy to discuss them with you. Sincerely, cc: Mt. James King Mr. Henry Smith · Mr. Artie Foster Mr. Ken Poliwoda Mr. Ray Cowen, NYSDEC 1640 FIRST STREET, PO BOX 299 NE'~V SUFFOLK, NY, 11956 (631) Mr. Lav~rlca Tuthill 1215 Inlat Lane Greenio~t, NY, 11944 July 5, 2000 l i, ",? i) I would like to fake this opp(xtunity to communicate rny thoughts since I last spoke to you. I have digested the comments made at the last Trustees meeting and believe that some vmy valid points were made which have given me cause to consider the droumMancas we find oumelves in. I believe that Bob Gcodets indicated that you and your family have a long history with the site In question in New Suffolk and should be given the consideration to use your land as you please. I have reeshed the conclusion that I should respect your right to use your land for any allowable use. My wife and I are vay grateful to the foresight your father had when he developed Ihe site long ago. We feel privileged and gnafaful to be the preeent owners of tha property st the entrenca to Schoolhouse Creek. It is truly our favorite site to be at and we look fon~rd to the time in the near future when we can be full time inhabitants of the house. We sincerely are grateful to your family for having the forethought to esfablish the property and its improvements. I would like to take this opportunity to offer to assist you in your efforts to improve your property just as I did in the past when I got the permits to stabilize the road coming in from the intersection of First and Orchard as well as providing the investment to install the necessary fill and gabions. I would like to provide the necessary ir,;ra~;'ucture to eliminate the dust generated by the dirt road. Just as I did with Ihe road stabilization, I will install at no cost to you a Belgien Block curb along both sides of the road along the beach as well as along my garage just south of where the Autumn Olive and Cedar trees am planted and I will provide a three inch thick pervious crushed base topped with a one inch layer of % inch bluestone. In addition, if you were interested I would provide an evergreen hedge along the west side of the road from the Gortzalez property to the point of curvature where the mad turns to the west. Please let me know what your thoughts are. Thank you for your consideration. Sincerely, co: Southold Town Trustees Jerry Schultheis New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 444-0365 FAX (516) 444-0373 NOTICE OF INCOMPLETE ~PPLICATION"' Thomal C. Jodlng CommIssIonsr July 7, 1993 Gerard H. Schultheis 1640 First Street P.O. Box 299 New Suffolk, NY 11956 Re: Application # 1-4738-00655/00001-0 S~TfM ~01000-0117-05-046.3 Dear Mr. Schultheis: The Department offers the following comments regarding your proposal.. Please revise your project plans to depict apparent low water and apparent high water along the entire length of the proposed project activity. Please revise the proposed fill placement in the bulkhead vicinity to be above apparent high water. Filling below apparent high water would cause unnecessary turbidity in the water and is considered a presumptively incompatible activity in tidal wetlands - for further details, you may wish to review sections 661.5 and 661.9 of the enclosed Tidal Wetland Land Use Regulations. Also, If the proposed fill behind the bulkhead will cover existing vegetation, you should plan to revegetate the area with beach grass on 12 inch centers. Regarding the roadway repair aspect of your proposal, please comment on the fill that has already been placed without the benefit of a tidal wetlands permit. - 2 - You may also wish to revise your proposal to place clean sand fill and revegetate s~award of the roadway up to the existing poles. Consider a slope of i on 3 wi[h plantings of beach grass on 12 inch centers, Rosa ~_~on 2-3 foot centers and/or other ~alt tolerant shrubs. The roadway itself should be no wider than its pre-existing width of approximately 12 feet. Any fey.ge[etlon proposal should be depicted on revised plans. ® Submit authorization for this activity from all involved landowners. Submit cross-sections of both fill areas, indicating the type, amount and origin of the fill to ~ used. Show and reference distances on your plan from the existing LILCO poles. ~he roadway should extend no further seaward then approximately 12 feet from LILCO pole ~ 8A1. Show the existing vegetation a~ well as proposed vegetation. The grade of the roadway should be no higher than the existing lawns landward of the roadway. Thank you for your consideration/nd please telephone me if you wish to discuss this notice- ~~ ~nvironment~ ~alyst I JAW/nw E~olo cc: D. McReynolds James King, Vice-Pv~siden Ilen,y Smiti~ Artie Foster Ken Poliwed~, Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18,82 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUT~-~OI_D Office Use oastal Erosion Permit Application etland Permit Application Grandfather Permit Application --Waiver/Amendment/Changes Received Application: Received Fee: $ .-~'__~Comp let ed App]. ';.cation __ Incomplete SEQRA Classification: Type I_ .Type II._·Unlisted Coordina~.~on:(date sent) CAC Referral Sent: Date of Ic, spection:.__ ..__Receipt of CAC '.~.epo.ct: Lead Agency Determination: ---Technical/ Review: Public Hearing Held: ~esolution: Name of App]icanh Phone Nmber: Suffolk Coullty Tax Map N~ber: 1000 Property Loc ~ rios: off ~rc~,/ {provide LILCC~ Pole ~, distance to cross streets,, and location) AGENT: (If applicable) Address: Phone: v · B,~ of Trustees App].icationl G~ERAL DATA Land Area (in square feet): Area Zoning: /~- Previous use of property: Intended use of property: Prior permits/approvals for site Agency improvements: Date X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental ~ency? ~_.. No ....... Yes If yes, provide explanation: Project Description (use attachments if necessary): ' B~. of Trustees App].icat. ionO WETLAND/TRU$~'EE LA~q)S APPL!C.~'I'ION DATA Purpose of the proposed operations: __..~_ d{ Area of wetlands on lot: Percent coverage of lot: / ~ .square feet 3o % structure and upland Closest distance between nearest existing edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No < Yes excavated? I_ yes, h~w much material will bef o Hew much .uaterial will be fil.!ed?__.~_O.. .......... cuk~c yar Depth of which material will be removed or deposited: / feet Proposed slope throughout the area of op~rat~on~: [4anner 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): "-PROJECT I.D. NUMBER 6t 7~21 Appendix ~' State ~:nvuonmen,al Quality Review SHORT ENVIROHMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comp!crud by Applicant or ~roiect s~0nsor) SEQ 5. iS PROPOSED ACTION: [] New [] Ex~ansfon 8. DESCRISE PROJEC B~IE..-LY. 7. AMOUNT OF LAND AFFECTED: ~ Res,dent al :.~,~4 ~du s ;lla~~Commercial ~ Agriculture I CERTIFY THAT THE INFORMAT!ON PROVIDED AEOVE fS TRU4 TO THE SEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with thi:; a[sessment OVER i PART Ill--0ETERMINATION OF SIGNIFICANCE ITo be comoleted by Agency) INSTRUCTIONS; For e~c.'~ ~overse eifect identified -=cove. determine whether it is suDst;~nti~i, large, [mgo~ant or otner~vise signiflc Each ~ifect $~ould be ~ssessed in connection with ifs (a) setting (i.e. urb~rt or rtJ~';d); (b) ~robaDilit'! of occa~qg; (c) d[JretJon: irreversidility: (el geagraomc ~cacet ~nd (l) magm[uce, ri ~tecessaqz, add ettacnmects or reference sueporring materials. E~sure ~xglan;~nons ccmam suificient die,ail !o snow ~ha~ all re!event adverse impacts have been identJfieo and adeduately ad~resseo. ..~ Check ~his .'.ox ff you nave identified one or more potentially large or significant ~cverse imoacts which ;.'lA'." occur. Then 3roceed diree:Jy to t~e FULL EAF ~ndlor preoa,'e a oosidve-declaration. ~ Check :~is box t 70u aave determined, based on ~he reformation ~nd analysis ~bove 8Rd any suooorting documentaHcn. :~&~ ;he 2roDosao ~c:icn WILL NO~ result in.ny sJg~Jficsnt adverse environmental [m086~3 AND 3rcwc~ ,;n ~;:~cnments as necsssary, ~he reasons sugcordng this de[erminsdon: Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LETTER OF REQUEST FOR A WAIVER AGENT PHONE ADDRESS PROPERTY LOCATION ~IOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEESt TOWN OF SOUTHOLD In the matter of applicant: SCTM#1000- YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned Permit from the Board of Trustees to: to request a 2. That the property which is the subject of Environmental -Review is located adjacent to your property ~nd is described as follows: 3. That the project which is subject to Environmental Review under Chapters 32, 37: or 97 of the Town Code is open to public comment on: /~ ~ You may contact the Trustees Office at 765-1892 or ~n writing~ The above referenced proposal is under review of the Board of Trustees of the Town of Southoid and does not reference any other aqenc? that might have to review same proposal. Enc.: Copy of sketch or plan showing proposal for your convenience. , PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: · Complete i,~ems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse that we can return the card to you. so - -~ '--ck of the mailpiece, · ttach this card to [ne u,~ If yES, enter delive~ address below: '~o Service Type [~] Repistered 2. Ar[icle Number ,Copy from service label) ,qOfl~ 102595-99-M-1789 gExpress Mail Return Receipt for Merchandise t_ uuUNTYOF SUFFOLK J~.-~ wt4~ /~' '~t {} residing at ~.~.x ~7 , ~i~ duly sworn, deposes and says that on th4 ~ day of ,~Z~'~ deponent mailed a true copy of the Notice set forth in the' Board of Trustees Application, directed to each of the ~ove n~ed persons at the addresses set opposite there respective n~s; that the a~dresses set opposite the n~es of said persons ~re the address ef said persons as shown on the c~rent asses~ent roll of the ~w~ of_Southol9; that..sai~p~.ice~were ~ailed at the United ' F · ~al~ No~lces were ma~led to each of said persons by (certified) (registered) mail. Swo~D ~o beEo~e me ~h~s . j Notary Public LYNDA M. BOHN /tO ~/M?U"';" 'i--HI[ZD _%- t-d ©' ,Sof[olk 0 O L)