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HomeMy WebLinkAboutTR-7611 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0707C Date December 2, 2011 THIS CERTIFIES that the 10'X 20' observation deck At 175 Soundvicw Ave., Mattituck Suffolk County Tax Map #99-3-1 Conforms to the application for Trustees Permit heretofore filed in this office Dated 5/25/10.pursuant to which Trustees Wetland Permit #7611 was issued and conforms to all of the requirements and Conditions of the applicable provisions of law. Thc project for which this certificate is being issued is for A 10'X 20' observation deck. The certificate is issued to GLENN R. MEYRAN owner of the Aforesaid property. Jill M. Doheriy, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE Of INSPECTION: ,i~ff-C / / t /-// Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ~ constructed v'//Project complete, compliance inspection. INSPECTED BY: i CERTIFICATE OF COMPLIANCE: ~'"~' (~ ?. SI~IITH, FINKELSTEIN, LUI~DBERG, IS~ER X:¢~ YAKABOSKI, LLP ~ ~'- Direct E-Mail: fisler~sfliy.com October 26, 2011 Jill M. Doherty, President Southold Town Board of Trustees Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: Application of Glenn R. Meyran v. Jill M. DoherO~, James F. King, et al. Index No. 10-41231 Dear Madam President: Enclosed please find the short form order of the Court dated October 5, 2011 that formally dismisses the petition as moot based on the Courts approved settlement. Also enclosed please find a copy of the stipulation of settlement signed by all parties and "so ordered" by the Court. In addition, I enclosed the stipulation discontinuing the action. Frank A. Isler FAI/cd Enclosure cc: Lori Hulse, Esq. w/encl. Assistant Town Attorney SHORT FORM ORDER INDEX NO.: 041231/2010 SUBMIT DATE: 10/5/2011 MTN. SEQ.#: 001; 002 Present: SUPREME COURT - STATE OF NEW YORK I.A.S. PART 10 SUFFOLK COUNTY HON. JOHN J.J. JONES, JR. Justice MOTION DATE: 12/20/2010 MOTION NO.: 001 - MD;CASEDISP 002 - XMD;CASEDISP AppUcation of GLENN R. MEYRAN, Petitioner, For a Judgment Pursuant to CPLR Article 78 : -against- : JILL M. DOHERTY, JAMES F. KING, DAVE BERGEN, BOB GHOSlO, JR. and JOHN BREDEMEYER, comprising the Board of Town Trustees of the Town of Southold, : LARK 8: FOLTS, ESQS. By: Richard F. Lark, Esq. Attys. for Petitioner 28785 Main Road P.O. Box 973 Cutcho~ue, NY 11935 SMITH, FINKELSTEIN, LUNDBERG, ISLER E YAKABOSKI, LLP By: Frank A. Islet, Esq. Jonathan M. Marmo, Esq. Attys. for Respondents 456 GdffJn~ Avenue Riverhead, NY 11901 Respondents. : ORDERED that this petition of Glenn R. Meyran for a judgment pursuant to CPLR Articte 78 and the cross-motion by respondent, Southo[d Board of Trustees, for an order dismissing the petition are denied as moot, as the parties resolved the issues raised in this proceeding by stipulation of settlement that was "so-ordered" by this Court on September 29, 2011. J.S.C. CHECK ONE: IX] FINAL DISPOSITION [ ] NON-FINAL DISPOSITION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Application of GLENN R. MEYRAN Petitioner, For a Judgment Pursuant to CPLR Article 78 Assigned Justice: Judge John J.J. Jones, Jr. Index No.: 10-41231 JILL M. DOHERTY, JAMES F. KING, DAVE BERGEN, BOB GHOSIO, JR. and JOHN BREDEMEYER, compromising the Board of Town Trustees of the Town of Southold, Respondents. STIPULATION OF SETTLEMENT WHEREAS, the petitioner commenced this Article 78 proceeding to challenge, among other things, the respondents' denial of his application for a permit under the provisions of Chapter 275 of the Southold Town Code to repair and maintain his observation deck located at his property at 175 Soundview Avenue, Mattituck, New York; and WHEREAS, petitioner has asserted, among other things, that he has the right to the permit on the ground that the observation deck is a legal, pm-existing non-conforming structure; and WHEREAS, the respondents denied the permit on the ground, among others, that the deck could not be re-built at or near the bluffas set forth in Chapter 275-1 l(A)(6); and WHEREAS, the Town Board has granted petitioner's request for a variance to repair and maintain the observation deck under Chapter 111 of the Town Code; and WHEREAS, the petitioner has proposed to settle this litigation by re-locating the observation deck in a more conforming location, in accordance with the attached letter and plan submitted by petitioner's counsel; and WHEREAS, the respondents conducted several site inspections of petitioner's property, including a final inspection on July 13,2011, at which time the respondents viewed the proposed new location of the observation deck; and WHEREAS, the parties desire to settle this proceeding due to the uncertainties of litigation and the considerable expenses that will be incurred in conducting the litigation; and WHEREAS, the proposed settlement provides a more conforming observation deck that .mitigates the impacts and concerns of the respondents; and WHERAS, this agreement is being entered into for settlement purposes only and shall not constitute a precedent with respect to any future permit applications; NOW, in consideration of the settlement of this matter, the parties agree as follows: 1. Upon this stipulation being signed by both parties, the petitioner shall present it to the Court to be "so-ordered" 2. Upon this stipulation being "so-ordered" by the Court, the respondents shall issue a permit pursuant to Chapter 275 to the petitioner to allow the construction of the observation deck in accordance with the letter and plan annexed hereto. Petitioner's previously submitted application pursuant to Chapter 275 shall be deemed amended to incorporate the letter and plan annexed hereto. The permit shall issue without the need for further submittals or hearings. 3. Upon this stipulation being "so-ordered" by the Court, the petitioner shall prepare, and counsel for the parties shall sign, a stipulation of discontinuance to be filed by the petitioner. The proceeding will be discontinued with prejudice and without cost to either party. Dated: July '~7 2011 Glenn R. Meyran Petitioner Lark & F~o~Esq. Richard F. Lark?Esq. Southold Board of Town Trustees So-ordered: 3 RICHARD F. LARK MARY LOU FOLTS LARK & FOLT$ Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tel~ No. (631) 734-6807 Fax No. (631) 7~4-~651 E-mail: LarlmndFolts~aoLcom June 1, 2011' Frank A. Islet, Esq. Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP 456 Griffing Avenue Riverhead NY 11901 RE: Meyran v. Board of Town Trusteese Town of Southold Dear Frank: In connection with the settlement of the above-captioned matter, I am enclosing the following: 1. Proposed deck sketch prepared by Glenn Meyran dated May 31, 2011. Map of Property prepared by Van Tuyl & Son dated July 26, 1972 and last amended April 2, 1993 showing the approximate location of the new deck in relation with the bluff (not to scale because of previous photocopying of map). In reviewing Items 1 and 2, the seaward side of the deck is in the same location of the existing posts on the property as reviewed by the Board on May 11, 2011. The four stairs on the southerly side are to accommodate the terrain. I believe the above fairly shows what was d~scussed with the Board. However, considering the time constraints of the Court Order, I would appreciate you reviewing this matter with the Board as soon as possible. RFL/bd Enclosures Very truly yours, (' .,~} SUPREHE COURT COUNTY O1~' SUFFOLK OF THE STATE OF NE~ YORK Application of GLENN R. lqEYRA~ Petitioner, For a Judgment Pursuant to CPLR Article 78 JILL H. DOH~RTY, JAI~S F. KING, DAVE BERGEN~ BOB GHOSIO, JR. and JOHN BREDIiNEYER~ compromising the Board of To~n Trustees of the To~m of Southold, Respondents. Index No. 10-41231 Calendar No. STIPULATION DISCONTINUING ACTION STIP OF DISCONTINUANCE Pl~E PAID Judilh A. P:~scalc Suffolk County Cler[ IT IS HEREBY STIPULATED AND for all the parties to the above entitled action, whom a committee has been appointed or matter of the action, the above entitled action be, party as against the other. This stipulation the undersigned, the attorneys of record hereto is an infant, incompetent person for person not a party h~. a.n interest in the subject wlilh ,llr. e*l udtce hereby is d/scontinued, Agith6ut costs to cithcr thc Clerk of the Court. Frank A. Isler, Esq. SMITE, FINKELSTEIN, LUNDBERG, ISLER & YAKABOSKI, LLP Attor~e~$~ ~r Detendant(~) 456 Grilling Avenue Riverhead, New York 11901 (631) 727-4100 F. Lark, Esq. LARK & FOLTS, ESQS. at~rne~,($) tor~Petitioner 28785 Hain Road - P.O. Box 973 Cutchogue, Ney York 11935 (631) 734-6807 LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F, LARK MARY LOU FOLTS March 14, 2011 Southold Town Board of Town Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Application of Glenn R. Meyran and Mary Jane Meyran (SCTM %1000-099.00-03.00-001.000) Dear Board Members: Pursuant to discussions with attorneys Frank A. Isler and Lori M. Hulse concerning possible resolution of the above captioned application and pending litigation, I am requesting a meeting with myself and the Board of Town Trustees at the Meyran property located at 175 Soundview Avenue, Mattituck, New York, at the Board's earliest convenience. a~rnovn ~ ~ und~o~a~d~ng that a possible date zs the of May 11, 2011. If an earlier mutually convenient date can be arranged, it would be appreciated. Very truly yours, R~f&hard F. Lar~ RFL/lk cc: Lori M. Hulse, Assistant Town Attorney Frank A. Isler, Esq. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road 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 I st day of construction ~ constructed ~--// Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7611 DATE: AUGUST 24~ 2011 ISSUED TO: GLENN R. MEYRAN PROPERTY ADDRESS: 175 SOUNDVIEW AVE.~ MATTITUCK SCTM#99-3-1 AUTHORIZATION PursUant to the provisions of Chapter 275 of thc Town Code of the Town of Southold and with the Resolution of the Board of Trustees adopted at the meeting held on August 24. 2011 and subject to the agreement as stated in the Stipulation of Settlement, the Southold Town Board of Trustees authorizes and the following: Wetland Permit to construct a 10'X 20' observation deck as depicted on the plan dated May 31, 2011 and stamped approved on August 24, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be afftxed, and these presents to be subscribed by a majority of the said Board as of this date. Dave Bergen . NAY TERMS AND CONDITIONS The Permittee, Glenn R. Mewan, residing at 175 Soundview Ave., Mattituck, 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 fi.om 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 for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originallY obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. ~ That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. ,CPFROVED EOARD OF TRIJ~ ~:~ ~ TOWN OF $OUTHOLD DATE Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated has been reviewed by this Board at the regular meeting of ~/r]9 ] H and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) __ % Constructed ($50.00) V//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 must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ .~(~). OO BY: Jill M. Doherty, President Board of Trustees SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP Direct E-Mail: fisler~sfliy.com August 1,2011 Jill M. Doherty, President Southold Town Board of Trustees Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 ge~ Application of Glenn R. Meyran v. Jill M. Doherty, James F. King, et aL Index No. 10-41231 Dear Jill: Enclosed please find five (5) sets of the Stipulation of Settlement which you can sign once the Trustees adopt the resolution I emailed on Friday. Please send all sets back to me. Let me know if you have any questions. V t~)ly yo rs FAI/cd Enclosure cc: Martin Finnegan, Esq. - w/o encl. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Application of GLENN R. MEYRAN Petitioner, For a Judgment Pursuant to CPLR Article 78 Assigned Justice: Judge John J.J. Jones, Jr. Index No.: 1041231 -against- JILL M. DOHERTY, JAMES F. KING, DAVE BERGEN, BOB GHOSIO, JR. and JOHN BREDEMEYER, compromising the Board of Town Trustees of the Town of Southold, AUG - 4 20it Respondents. STIPULATION OF SETTLEMENT WHEREAS, the petitioner commenced this Article 78 proceeding to challenge, among other things, the respondents' denial of his application for a permit under the provisions of Chapter 275 of the Southold Town Code to repair and maintain his observation deck located at his propex~y at 175 Soundview Avenue, Mattituck, New York; and WHEREAS, petitioner has asserted, among other things, that he has the right to the permit on the ground that the observation deck is a legal, pre-exi~ting non-conforming structure; and WHEREAS, the respondents denied the permit on the ground, among others, that the deck could not be re-built at or near the bluffas set forth in Chapter 275-11 (A)(6); and WHEREAS, the Town Board has granted petitioner's request for a variance to repair and maintain the observation deck under Chapter 111 of the Town Code; and WHEREAS, the petitioner has proposed to settle this litigation by re-locating the observation deck in a more conforming location, in accordance with the attached letter and plan submitted by petitioner's counsel; and WHEREAS, the respondents conducted several site inspections of petitioner's property, including a final inspection on July 13,2011, at which time the respondents viewed the proposed new location of the observation deck; and WHEREAS, the parties desire to settle this proceeding due to the uncertainties of litigation and the considerable expenses that will be incurred in conducting the litigation; and WHEREAS, the proposed settlement provides a more conforming observation deck that .mitigates the impacts and concerns of the respondents; and WHERAS, this agreement is being entered into for settlement purposes only and shall not constitute a precedent with respect to any future permit applications; NOW, in consideration of the settlement of this matter, the parties agree as follows: 1. Upon this stipulation being signed by both parties, the petitioner shall present it to the Court to be "so-ordered" 2. Upon this stipulation being "so-ordered" by the Court, the respondents shall issue a permit pursuant to Chapter 275 to the petitioner to allow the construction of the observation deck in accordance with the letter and plan annexed hereto. Petitioner's previously submitted application pursuant to Chapter 275 shall be deemed amended to incorporate the letter and plan annexed hereto. The permit shall issue without the need for further submittals or hearings. 3. Upon this stipulation be'rog "so-ordered" by the Court, the petitioner shall prepare, and counsel for the parties shall sign, a stipulation of discontinuance to be filed by the petitioner. The proceeding will be discontinued with prejudice and without cost to either party. Dated: JulY 2~' 2011 Glenn R. Meyran (21 Petitioner Lark & Folts, Esq. t~ Richard F. Lark, tE~q. Southold Board of Town Trustees By~ll Dohe~rty, ~dent Smith, Finkelstein, Lundberg, Islet & Yakaboski, LLP. By: Frank A. Isler, Esq. So-ordered: Judge John J.J. Jones, Jr. 3 RICHARD F. LARK MARY LOU FOLT$ LARK & FOLTS AIXorneys Law 2878s ~L4~N ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 June Tel~ No. (631) 734*6807 Fax N~ (631) 734-~651 E-mall: LarlmndFolts~aoLcom 1, 2011' Frank A. Isler, Esq. Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP 456 Griffing Avenue Riverhead NY 11901 RE: Meyran v. Board of Town Trustees, Town of Southold Dear Frank: In connection with the settlement of the above-captioned matter, I am enclosing the following: 1. Proposed deck sketch prepared by Glenn Meyran dated May 31, 2011. Map of Property prepared by Van Tuyl & Son dated July 26, 1972 and last amended April 2, 1993 showing the approximate location of the new deck in relation with the bluff (not to scale because of previous photocopying of map). In reviewing Items 1 and 2,'the seaward side of the deck is in the same location of the existing posts on the property as reviewed by the Board on May 11, 2011. The four stairs on the southerly side are to accommodate the terrain. I believe the above fairly shows what was d~scussed with the Board. However, considering the time constraints of the Court Order, I would appreciate you reviewing this matter with the Board as soon as possible. RFL/bd Enclosures Very truly yours, SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW Direct E Mail: fislel~sfliy.com June 2,2011 Jill M. Doherty, President Southold To'am Board of Trustees Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: Application of Glenn R. Meyran v. Jill M. Doherty, James F. King, et aL Index No. 10-41231 Dear Jill: Enclosed please find the letter and attachments I received from Dick Lark setting forth his proposal with respect to the deck. Would you kindly review this with the Trustees and let me know if it is acceptable. If it is, we can structure a settlement of the litigation to facilitate the settlement. 'Frank A. Isler FAI/cd Enclosure cc: Martin Finnegan, Esq. - w/encl. RICHARD F, LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 FaxNo. (631) 734-5651 E-mail: LarkandFolts~aoLeom June 1, 2011~ Frank A. Isler, Esq. Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP 456 Griffing Avenue Riverhead NY 11901 RE: Meyran v. Board of Town Trustees, Town of Southold Dear Frank: In connection with the settlement of the above-captioned matter, I am enclosing the following: 1. Proposed deck sketch prepared by Glenn Meyran dated May 31, 2011. Map of Property prepared by Van Tuyl & Son dated July 26, 1972 and last amended April 2, 1993 showing the approximate location of the new deck in relation with the bluff (not to scale because of previous photocopying of map). In reviewing Items 1 and 2, the seaward side of the deck is in the same location of the existing posts on the property as reviewed by the Board on May 11, 2011. The four stairs on the southerly side are to accommodate the terrain. I believe the above fairly shows what was discussed with the Board. However, considering the time constraints of the Court Order, I would appreciate you reviewing this matter with the Board as soon as possible. Very truly yours, ~ichard F. La~k RFL/bd Enclosures 4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Application of GLENN R. M~YRAN P~tion~, For a Judgment Pursuant to CPLR Article 78 As~ign~l Justice: Judge John JJ. Jones, Jr. Index No.: 10.41231 J~L M. DOHERTY, JAMES F. KING, DAVE BEROEN, BOB OHOSIO, JR. and JOHN BREDEMEYER, compromising the Board of Town Trustees of the Town of Sow. hold, STII~ULATION OF SETTLEMENT WHEREAS, the p~fifiomr commenced this Article 78 proceeding to clmllenge, among other- thin~ the respondents' dmial of his application for a permit .ridder the provisions of Chapter 275 of the $outhold Town Code to repair and maintain his observation deck located at his property at 175 Soundview Avenue, M~mk, New York; and WHEREAS, petifiomr has assm~i, amon~ other thins, that he has thc right to thc pc~nit on the gro, md that the obsex~ati~ deck is a legal, pre-existh~ non-conformln~ structure; WHEREAS, the respondents denied the permit on the ground, amon~ others, that the deck could not bc re-built at or nea~ the bluff as set fo~ in C~.r<er 275- l I (AX6); and WHEEEAS, the Town Board has ~rented peti~oner's request for a variance to rcpair and mai.t.i,~ the ob-~vation deck under Chapter l 11 of the Town Code; and WHEREAS, the pelitioner has proposed to settle this litigalion by re-loc~dn5 the observation deck in a more confomni%u localion, in accordan~ with the attached letter and plan submit~d by i~tiou~'s counsel; and WHEREAS, th~ re. spoud~u~s ~ndu~ sew-mi siu~ insl~OnS of l~tiou~c's includin~ a final inspection on Suly 13,2011, at which time the respondents viewed the proposed new location of the observation deck; and WttJ~REAS, the parties desire to selflc this pmcecdin~ due to the unceflainties of litisation and the considerable expenses that will be Jncun'ed in conducting the litigation; end WHBRBAS, the proposed settlcment providcs a more conformbLo obscrv~on deck .~es ~he impec~ ~nd conccms of~hc respondent; and WHBRAS, this agreement is beh~ cn~n~d into for settlemem purposes only fuxl shll not NOW, in consideution of~he settlemen~ of this ,,,~_~, the parties agree as follows: 1. Upon this ~pul~ion bcing sisncd by both pames, ~ petitioner shall present i~ ~o the Court to be "so-ordeal' :2. Upon this stipulation being "so-orde~d" by thc Court, the respondents shall issue a permi~ pursum~ to Ch .m~r 27~ to fl~e pe~tion~ to ellow u~c consm~ction of the observation deck in accordance with the letter and plan annexed hereto. Pefi~ioner's previously submitted application pursuam to Chapter 275 shall be deemed smended to incorporate the lc~er and plan mmexed he~oto. Thc !oermit slull issue without the need for fuflhe~ submiUals or hearings. :3. Upon this ~p,,J~on being "so-ordered" by the Court, the peti~oner shall prepare, __--4 and counsel for the parties shall sign, a stipulation of discominuance to be filed by the petitioner. The proceeding will be discontinued with l~udice and without cost to 6ith~ party. Dated: July J-~.2011 Olenn R. Meyran Petitioner Somhold Board of Town Trustee~ By: Jill Doheriy, President Smiet, Finkelst~in, Lundberg, Is~ & Yakaboski, LLP. By: Frs~k A. Isler, Esq. Judge John J.J. Jones, Jr. 3 PJCHARD F. LARK MARY LOU FOLTS LARK & FOLT$ Attorneys at Law 28T~ MAIN ROAD i*O BOX 973 COTCHOGU~, NKW YORK 119~$ Tete. Ne. (eaD ~ F~x No. (631) 734..~1 E-mtJl: LirktsdlPolts~Leom June 1, 2011' Frank A. Islet, Esq. Smith, Finkelstein, Lundberg, Islet & Yakaboski, LLP 456 Griffing Avenue Riverhead NY 11901 RE: Meyran v. Board of Town Trustees~ Town of Southold Dear Frank: In connection with the settlement of the above-captioned matter, I am enclosing the following: 1. Proposed deck sketch prepared by Glenn Meyran dated May 31, 2011. me Map of Property prepared by Van Tuyl & Son dated July 26, 1972 and last amended April 2, 1993 showing the approximate location of the new deck in relation with the bluff (not to scale because of previous photocopying of map). In reviewing Items 1 and 2,'the seaward side of the deck is in the same location of the existing posts on the property as reviewed by the Board on May 11, 2011. The four stairs on the southerly side are to accommodate the terrain. I believe the above fairly shows what was discussed with the Board. However, considering the time constraints of the Court Order, I would appreciate you reviewing this matter with the Board as soon as possible. RFL/bd Enclosures Very truly yours, BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7355 & 7355C DATE: JULY 21~ 2010 ISSUED TO: GLENN R. MEYRAN PROPERTY ADDRESS: 175 SOUNDVIEW AVE.~ MATTITUCK SCTM#99-3-1 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 July 21.2010 in consideration of application fee in the sum of $500.00 paid by Glenn R. Meyran and Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and' following: Wetland Permit & Coastal Erosion Permit for the existing stairs from the top of bluff to the beach with an attached 4'X 6' platform at the top of the bluff, as depicted on the plan stamped approved on August 5, 2010. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents tO be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Glenn R. Meyran, residin~ at 175 Soundview Ave., Mattituck, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Tmstees 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 for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to'remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town H~lAnnex 54375M~nRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 July 21,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Richard F. Lark, Esq. Lark & Folts, Esqs. 28785 Main Rd. P.O. Box 973 Cutchogue, NY 11935 RE: GLENN R. MEYRAN 175 SOUNDVIEW AVE., MATTITUCK SCTM#99-3-1 Dear Mr. Lark: The Board of Town Trustees took the following action during its regular meeting held on Wed., July 21, 2010 regarding the above matter: WHEREAS, Richard F. Lark, Esq. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated May 25, 2010, and, WHEREAS, said applications were 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 applications be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said applications on June 16, 2010 and July 21, 2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the applications to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the applications of GLENN R. MEYRAN for the existing stairs from the top of bluff to the beach with an attached 4'X 6' platform at the top of the bluff, as depicted on the plan stamped approved on August 5, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: None Very truly yours, Jill ~. Doherty, Preside/)lt Board of Trustees JMD/Ims Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #7355C Date: July 21, 2010 SCTM#99-3-1 Name of Applicant/Agent: Richard F. Lark, Esq. Name of Permittee: Glenn R. Meyran Address of Permittee: 175 Soundview Ave., Mattituck Property Located: 175 SoundviewAve., Mattituck DESCRIPTION OF ACTIVITY: Existing stairs from the top of bluff to beach with an attached 4'X 6' platform at the top of the bluff. CONDITIONS: N/A INSPECTIONS: None The Coastal Erosion Management Permit allows for the activities as indicated on the plan stamped approved on August 5, 2010. JMD:lms Jill M. Doherty, President James F. ICing, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 July 21, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Richard F. Lark, Esq. Lark & Folts, Esqs. 28785 Main Rd. P.O. Box 973 Cutchogue, NY 11935 RE: GLENN R. MEYRAN 175 SOU N DVIEW AVE., MATTITUCK SCTM#99-3-1 Dear Mr. Lark: The Board of Town Trustees took the following action during its regular meeting held on Wed., July 21, 2010 regarding the above matter: WHEREAS, Richard F. Lark, Esq. on behalf of GLENN R. MEYRAN applied to the Southold Town Trustees for permits under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, applications dated May 25, 2010, and, WHEREAS, said applications were 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 recommended that the proposed applications be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 4.1 -Minimize losses of human life and structures from flooding and erosion hazards, Policy 6- Protect and restore the quality and function of the Town of Southold ecosystem, and Policy 6.3 - Protect and restore tidal and freshwater wet/ands, and, WHEREAS, Public Headngs were held by the Town Trustees with respect to said applications on June 16, 2010 and July 21,2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the observation deck, as applied for, does not comply with the standards set forth in Chapter 275-11 (A) (6) of the Southold Town Code, and Chapter 111-14 (A) of the Southold Town Code, in that no decks or platforms shall be permitted on or near bluffs, and, WHEREAS, the Board has determined that the observation deck, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and based upon the application's failure to meet the standards contained in Chapters 111 and 275 of the Town Code, that the Board of Trustees deems the proposed project to be Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on size and location of the proposed observation deck, and, BE IT FUTHER, RESOLVED, that the Board of Trustees DENIES the applications of GLENN R. MEYRAN to repair and maintain on observation deck, as applied for. This is not a determination from any other agency. Very truly yours, oho (~p/resident, Board of TFustees JMD/Ims Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., June 9, 2010, the following recommendation was made: Moved by Doug Hardy, seconded by Peter Young, it was RESOLVED to SUPPORT the Wetland Permit & Coastal Erosion Permit applications of GLENN R. MEYRAN to repair and maintain an observation deck and for the existing stairs from the top of bluff to the beach. Located: 175 Soundview Ave., Mattituck. SCTM#99-3-1 Inspected by: Peter Young, Doug Hardy The CAC Supports the applications with the Condition the observation deck conforms with the current codes and LWRP and the stairs are constructed with enough strength and support to accommodate erosion control devices at the base of the support posts. Vote of Council: Ayes: All Motion Carried Jill M Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer 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: GLENN R. MEYRAN requests a Wetland Permit and Coastal Erosion Permit · to repair and maintain an observation deck and for the existing stairs from the top of bluff to the beach. Located: 175 Soundview Ave., Mattituck. SCTM#99-3-1 Type of area to be impacted: ~ __Saltwater Wetland Freshwater Wetland __/Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: '~/Chapt.275 Chapt. 111 __other Type of Application: tland/__Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info nee~=d7 Modifications: Conditions: B.Ghosio, D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: R. MEYRAN william Meyran and Virginia Meyran on observation deck (summer 1991) Virginia Meyran on deck (summer 1991) R. MEYRAN Joan Meyran~S W ~ ~bserva- ~ deck (May 22, 1999) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33868 Date: 07/31/09 T~IS ~a~TIFIE~ ~kmt the ~ui]~-g HEATING SYSTEM Lo~atio~ of Property: 175 SOUNDVIEW AVE (HOUSE NO. ) (STREET) (HAMLET) County Tax Na~ No. 473889 ~ti~ 99 Block 3 Lot I Filed Map No. Lot NO. __ MATTITUCK conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 15~ 2009 ~ur~,=nt town/ch Buil~-~j ~ez~t No. 34870-Z dated JULY 15~ 2009 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" HEATING SYSTEM TO CONVERT SEASONAL DWELLING TO YEAR ROUND ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to VIRGINIA S MEYRAN (O~R) of the aforesaid building. bu~LKt~X]~TYD~PAH~x- OF~F~%LTH/%~P~O~AL N/A m.~UT~ICAL~sKTIFIC~TENO. 10715 PL~9~EP~ ~KTIFICATI0$$DA-i-~u~ N/A o7/29/o Rev. 1/81 thrizedSignature FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. ~...1~8.0. ..... Date .......... ~Taz~llary... 19. .... , 19..73 THIS CERTIFIES that the building located at . .8erred .¥iev. Ave ......... Street Map No .... Xlc ...... Block No..~ ...... Lot No...xx.. ~tt~.tuck..Il oY., ........ conforms substantially to the Application for Building Permit heretofore filed in this office dated ....... Dec...~ ....... , 19. ~0 pursuant to which Building Permit No..~110~ dated ........ .Dec...21 ...... , 19713., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Pl~lva~a. one..fsln.lJ.y, dnlltng .... ( ~,,,~,,er..occupancy ,~.no. heat.).. The certificate is issued to ....~],~,&nl. ]~....}~Tall ....... Owllel~. ................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .00.t... 13...197.1...by. ~,. ¥$11a .... UNDERWRITERS CERTIFICATE No...ii.1.78~9....ga~: .3,..1.97~ ........................ HOUSE NUMBER .... '1~ ...... S~reet .... ~0'?'4 ~tlesa. ~ve ............................ Building Inspector / FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-16408 Date: 11/17/87 · mt~S ~s~TIFIRS ~h~t ~h-buil~ng ADDIITONS Locatiollof Property: 175 SO~I~A~ ~I~CK (HOUSB NO.) (S~EET) (~ET) C~ty T~ ~. 473889 ~ti~ 99 BI~ 3 ~ 1 ~si~ Fil~ ~ ~. ~ ~. confo~s s~st~tially to the ~plication for Building Pe~it heretofore fil~ ~ ~a offi~ ~t~ ~Y 9~ 1986 ~'="t to ~ ~l~--g ~t NO. 15138-Z ~t~ ~Y 25~ 1986 was issued, and confo~s to all of the retirements of the applic~le pr~isions of the law. The occupan~ for which this certificate is issued is 2~ S~RY ~DITION ~ ~PLIED ~R. (8/4/9~ CO~C~D TO INCL~E ~GE ~ BREEZ~AY ~DITION.~ ~LLING.) The certificate is issue~ to VIRGINIA S MEYRAN (OWNER) of t~e aforesaid building. PIA~R~ ~-'~TIFICATI(~ DA'r~ 11/03/87 N 01/1 /87 EAST END PLUMBING Authorized Signature Rev. 1/81 TRU$11z~.~q John M. Bn:dcmeycr, ]II, President Albcrt $. Kmpski, Jr., Vice President P. Smi Jol~ B. T~thill William G. Albemon ~lephone (516) 76.~-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCO'Fr L HARRIS ~vn Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Permit N-m~er: 99-3-1 Name of Applicant/Agent: Name of Pe~mittee: Virginia ~eyran Address of Permittee: 175 SoundviewAvenue, ~attituck Property Located= same DESCRIPTION OF ACTIVITY: to construct 106 1.f. of timber retaining wall plus 20' return on w/s. the s/s wall will connect to adjacent bulkhead. Approx. 375 c.¥. of clean sand willbe tr~cked in via Bailie Beach Road tow est. A 3! wide eta/rway frcm west'of bluff to beachwillbe repaired/replaced as appropriate. Date of permit issuance: June 24, 1993' This Ps,nit is valid for a~eriodo~ two.years from. the date of SPECIAL CC~DITIONS~ NA Bluff restoration thrOUgh a.re-vegeta.t~on agreement is attached hereto andis a necessary special condition of Permit. NA A relocation agreement is at~ached ~eretoand is a necessary special condition of ~ht~perlll~. NA' A~ain~e~ance agreement is attached hereto andis a necessary.sPeCial condi~Lon of this permit. JoheM. ~redemeyer, III President, Board of Trustees B°ard Of Southold' Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 4~9..~ ............. ISSUED. TO' ...Y,,~.'~....~e.~......a.~,. ..................................................................... Pursuant to the provisions o~ Chep~er 615 of the Laws of *he Stato d Nsw York, lSeZ~ end Cheotor 404 of ~e lam o~ ~ Stato of NeW York 1952~ and ~So~hddTewe Ordbsance en- figed "RE~ULAT1N~ AND THE PLA¢IN& OF OBSTRUOTIONS IN AND ON TOWN WATERS AND PUBUC LANDS end fie REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in e,,,~c~lenee with the Resolution of The Board ndopfnd at a sheeting held on ...3.une. 2~, .... 19......~., and in eonsiderafloa of fhe mm of $.....~.(~.~.00. .... paid by ......... ~:.C~a~.~..~l,t ..aa~LO....n....b._e..h..~...~.X:...~...a~... ........................................ of ........................................ ;..; .......................................... N. Y. and ~ubjed to ~e Term~ and Cond~fiom I~fed en ~e ~ dde hereof, of Sou~old Town Trudees aafl~., end perrmfl ftm following: to construct 106 I,~, o~ 'dmbe~ '~etah~ng ~ plus g0~ ~etur~ on w/s. the els wall rill com~ect to adjacent bulk. head, Approx. 375 c, y. Of cleand sand will be trucked in. 3[ wide stairway west of bluff to beach will be repaired/replaced as approp. ~°mall in accordance with the detalbd specifications ss presentod in the originating ap~or~ . IN WITNESS WHEREOF, The ~ald Board of Trustees here- by e~u.,.~, ¢o,po~. ~ to ~ s~r?d, and t~. ~mnh to YORK ~TATE DEPARINE#T OF ENVIROIgIE#TAL COEUlWATZOg F~C2LZTY/F~QG~A/4 NLI4G~RC$) PE Article 15, Title 5: ti n MiYClti 60~: u~ter Olility of W~ers Cie'ti f Italian ri ArticLe 15, Title 15: Ulter ArticLe 15, Title 15: htcr TrJ~port Article 1S, Title 15z LQng I~Land Veils Article 15, Title e'~|c and ie~reitit~lL FEImIT ISSUEO TO Virginia I~yran AZ)DRESS OF PIUU4ITFEE Article 17, Tit~el ?, 8:~FEE8 Arti,Le 19: Air Article Z3, Title 27~ flirted Lend RKL~tt~ 175 ~dvleu Ave., Nettttuck, NY I1gSZ CONTACT PEASOll F(~i~ PEfgilTTEO ~tRK Efl-(:m~uitants, 1329 North h hd., 8outhmnpton, NY 11960 [~003 EFFECTIVE DATE August 16, 19~3 EXPIEATi~ ~TE(s) ' AuouBt 31, 19CS O l~flwit to C~&te Article 27, Title ?; 6~¥CRR Sotid btnctel4intgeMot Article 27, Title 9; 61IYCRII Nazirdo~ WsteNmntgemnt 0 Article 3&: c~mtii ~nngm~t O Article 36: FLoodplain ArticLnc 1, · 4YC~R ~Q: Eldiation Control ITELSPNONE IdLi~Eil (516) COUNTY I ~ IIMTILRCCIJ~E I NTT° COIXIDINATES lrLfffoLk $Ou~heid LQnt! ZcLIncl Sautd E:TQ5.7 N:4S43.3 CQnetr~t 106 feet ~f retaining ueLI uith ;~ foot return, I~ckfiLI, uith 375 cubic ylrds of clean ~4)lend send, ~nd repair stainmy ~n ee~ordMEe with NYSOEC approved plant. By acceptance o'f this pentit, the perfllittee ,gr~et thor the pIntlt is coritingimt upon strict cmlpLilflce uJth the ECL, ail a~iicabie regulationt, the General Conditiom gpe~'ified (:f~ee ~ 2) ~ any ~gecJel Comlitiont included BI p~rt of this pl~ett. DEPUTY RE$1OIIAI. I~81111' I AIIDEESS ADHIOISTRAT(~: Davicl De#adder gtdg~ LO, ~J#Y, E(xm 219, Stor~ Brnck, NY 11790-23~56 AUFEORZZED SZGNATUR[ . '-'"1 DATE Page 1 of 5 ?'/13/2009 10: 59 :FA[ $31Y,~I3B EN-CONSULT~.NTS, INC J ~]004 l~t~ l 1. ~ ~rmitt~ site or facility, in,=l~h-~ rel~t r~rds, Is s~' ~r =~ ~itt. is ~lvi~,~';~~~t)~t~ ~te~i~I -, ~r t...~.~ , rs~ ~lII ~ · "~' "''~'~ ~ ~lil __ ~, ~? ~ M~I~I~ for im~1~m ~m ~rOJ~t {~te, ~llure ~o -r~ ~fu,~Nt r~r~tat,ve is , vlolatlm of 2. ~~t r~ t~ ri~t t~.~l~. ~ or r~ this ~It ~:~ b) t~ ~it ~ ~ta;~ by ~sr~r~tatl~ or failure to di~l~ ~ ;~terial ;nfo,mtlm Is dl~r~; or r~Ioti~ ~ ~terial ly ~; 4. The pen'nitteerrust subTd'~ a rermAlll appli,eat on at least: a) .1,.87 .days. befo_re expi~anti~n of ;~tmita for Stetro Pollutant Di$cherge[ e,i~m_~,natio~. ~/.ste~_ !~..~I~S. )._Hazardokm TA~ste Mmag~t Fscliiti~l ~r~n-l, rmlor Air. POI~utlO~ conlrol (AFC) ard ~olid V~ste Mma~¥ent F:aci I Ities (S~F},, and ·. b) ~0 days before m,piration of all other pan~,,t types. 5. Urt{ess ~rass{y prov{ded for 'by' the DBpmr~u,~, ,tStMMX;e of th{$ palm{t does{ not .n~d{fv, supersede or rescind anv order.or detemm{nat{on prev{ous{y issued by the i.epar~y~,,i or any of the tern-s, ,:x~ndi{:lons or re~J{r,-,-,'--nts contained In such order or detemm}nation. Other Legal Obi }gat{ons of Femmittee 6. ~he perm{tree has ..ac.~U..,ted expressly, ~ the execution of. The alii cat on, the fu{{ Sega{ responsib,{,ty for ell dampas, direct or ,nd{racY, of ~hatever natur, e a~d by ~hu,,ver suffered, ar{sing out of the project described in this ~e.rm.,t taxi has agreed to inda,~iif¥ and save herm{ess the State fr~n suits. =o'i=: o, and ,er,pt,. r.u,t, th,sI 7. ]lm{s pam~it does not convev to the pefn'~{ttee any right to trespass Upon the lands or interfere with the r{par{an r{ghts of others In order to perfomm the pa~nltted work nor does {t authorize the insistent of any rights, tit{e0 or interest {n reel or persona} property, he{d or vested in s person not a party to 8. The perml~tee is responsible for obtaini~] any other pan~its, approvals, lands easmants and rights-of-vtay that nay be required for this project. 2of 5 07~!3/2009 10:59 FAX 0312,~.{~136 EN-CONSULTAI{TS,INC ADDITIONAl. ¢~EN£1~AL CONDITIONS FOR ARTI¢IL~$ 15 (Title ~), 24, l0 11 12 [~005 2S, 34 and & NI'CRIi Pact &O~ ( · rare,ion in the pos~oos~ of Iht st~'ucture or work herein authorized, or if. in the opinion pt the DepartmenL of EnvirOnmental Conservatior: q ] it shall ca,se unreasonable obstruction ~o the f~e navigation of saic waters or flo~ fl~s or endang~ the health, safety or welfare ol remove or alte~ the structural work. obstructions, or hazards eausec thereby without e~pense to :he State. and if. upon the expiration o~ q4. revocation ~ this peunit, the structure, fill e:~cawlion; or othe* modification of ~ watercourse hereby aut~rized shall no: be com. 1 s. That the State of New Y~ shall in no ca~e be liable for anF damage 16 o~ iniu~ to t~ ~tru~um or wo~ ~ein aut~rlzcd whlch may ~ caus~ by or result from fo,me operatiom u~er~ken hy the State lor the G~anting of thi~ ~it d~ not r~lieve the apfllican~ of the re~ponsi ~ 7. t~ U.S. Army Co~s pi Engin~, U.S. Coast Guard. N~ York State OHice of Ge~ral $~vices or I~al govem~nt which may be ) other environmentally deleterious materials associated with the ?roiect. Any material dred~cl in the prosecution of the work herein permitte~ :~hell be removed evenly, without leaving large re~u~e piles, ridges acros.~ :he bed of a waten~ay or floodolain or deep holes that may have a tendency to cause damase to navigable channels or to the hank.~ of .~ waterway. '[here shall be no unrear~nable inted~'ence with navlption by the work '~erein authorized. f upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the al~llcant shall, without expense :o the State. and to such extent and in such time and manner as the :)apartment of Environmental Conservation may require, remove all or i, ny portion of the uncompleted structure or fill and restore the site ;o its former condition. No claim shall he made aQainst the State of New York on account of any such removal or alteration. f Rranted under & NYCRR Part 6OR, the NYS Department of Environ- 'nental Conservation hereby certifies that the subject p~oject will opt ::ontravene effluent limitations m' other limitations or standards under 5ectiom 301. 302..103. 306 and 307 of the Peen Water Act Pt 1977 iPL 95-217) provided that all of the conditions listed heteln are met. .~,11 activities authorized bv this permit must be in strict conformance .,vith the al)fl, roved plans submitted by the applicant or his agent as parr 3f the permit application. !ruth apOroved plans were prepared by C:ONDITZON l, BELO~ on SPI:'C~A L I::ONDITIONS 1, Pr~o~ to commencement of a~y regulated activity, the applicant ~hall submit to the C~par~ent's Division of Regulatory Affairs 3 copies of a new amendLed plan and cross-section for approval showing the reqq/ired, 1000 lb. m~nim~m, stone armor and filter fabric alOng the entire bulkhead face. 2. The applioah: shall secure all applicable permits, nunicipal authorization and/or permission froa private landowners necessary for transportation of ~achines, vehicles, or supplies along the beach east of the Bailie Bt~a~ll Road terminus. 3. The operation or storage of' construction equipment shall be confined to within the project work site and/or landward of the spring high water line. 4. Between October 15, 1993, and April 15, 1994, the applicant shall raglan, the eroded bluff face with Cape American ~each grass on 12# centers. The=e shall ~e no disturbance to the vegetation or topography seawa~'d of the crest of the bluff unless authorizedhere~n. 5. There shall be no dis~arge of {mmoff, directly or indirectly, on the face of the bluff or beach. (not asphalt, slag, concrete, ~'lyash, or other demolition debris). There shall be 11o ~e~tpora~y storage of the fill 1-4738-0079/*/0000 I-0 Pa~e __ All ~ill shall consist of "clean" gravel, stone, sand or soil 3of 5 0.7/13/2009 11:00 FAI 631~36136 EN-CONSULTANTS, IN SPECIAL CONDITIONS For A~':icle, 25 c_Tidal ~]005 7.' ~here shall be no mining, excawLtion o~ ~edging of the beach for ~ source of sand or stone. '' 8. F~uipment operation below a]ppar~mt high wa~er is strictly forbidden, 9. All bulkheads shall be completegl prior to the placement of any fill ~aterial landward of s~lch e~ruc~ures. 10. All repairs to existing stt~ctures shall be confined to replacem~nt of ~xisting atzuct~cal elements with no change n design, ~timension, or materials unl~ss specifically authori~ed here~n. Supplementary Special Conditions (A) thru (F) attached. 4 ~5 0~/13/2009 11:00 FAX $31~j~136 EN-CONSULTK~S, INC. ~007 The pozmi~tee shall requ:L~,e t~.'mt any contractor, proJ~;t engines=, or ~ prson rea~nm~le fo~ =~ o~all ~8~n of a Tio1aC:Lon of ~e ~nv~o~n~al ~nl~a=ion ~w. If ~y of ~h~ Division of ~la~O~ Affairs a~ the add.ss on page one ~ issuance.. ~e ~tme shall m~i~ ~e ~r~ria~e pl~ a~lica=~On for A~ loas~ 48 hours prior ~o com~c~en~ of =~ ~oJ~, =~ ~mZ==~ ~d con, raZor shall s~ ~ rtu~ ~ =op ~ion of Within 30 da~ of c~let:ion of the pl~=~ ~=k, the · ~o~ion of C~ ~a~ s~3. l also be ni~ ~d rm~u~ed, along a period of ~re =han omi ~ar, ~e ~C=ee s~L1 flo=i~ ~e ~i~al Pe~ ~isCL-i~oc in ~iC&ng ac le~ ~ ~urs The gr~l;ing of this ~tit does no~ ~eli~ the ~i~ee of the a~goval fr~ ~he Division of ~ Utilization, Of~iGe Of ~fleral Se~ices. TM= Bui%d~g. ~pi~ Sta~e Plama, Album, ~ 12242 (5L6) 474-2~95, vh~c~ may be ~e~e~ ~o~ ~y enc~Qac~n~ ~n 0%/13/2009 11:01 FAI $31~ 6136 EN-CONSULT~!~r$, INC,~ 'l ew York State Department of Environmental Conservation · 8uildin9 40--SUNY, Stony Brook, New York 11"/'9(~.2356 ( 5i6 )444-0365 FAX ( 5161¢44-03'73 PERMIT Permit ~ (if any); ~1009 "II,on, as P--,. J~dlng Commls~l~n~' RE: Permit [Io.& Location; " Your recent request to extend the above permit has been reviewed.' pursuan~ to 6NYClqR, Part 621. The expiration date is extended to ~ Your recent request to modify the above permit has been reviewed p~-~uan~ to 5NYCIL~, Part g21. .It has be,an determined tha~ the proposed' modification.~ will n~t substantially' change the scope o~ the permitted actions or the existing permit aondition!~. Therefore, the permit is amended to authorize: This letter is an amendment to the original permit and as such, shall be posted at tk, e job site. All ot~er t~r~ls and condikions re~a[n a~; written in the original per~tt. Very truly .yourS,. David DcR dder Deput~ aeq£oo&l Ps--nit ~dministrator 0~/13/2005 11:01 F',,~T 6311i~J. 36 EN-CONSULT~qr$, INC,i I~010 --r.r'~-,=2J.~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAIl.IN(; ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To; From; LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Jill Doherty, President Town of Southoid Board of Trustees Mark Terry, Principal Planner LWRP Coordinator JUN 1 4 2010 $outhhold Town I~0ard of Trustees Date: June 14, 2010 Re: Proposed Wetland Permit & Coastal Erosion Permit for GLENN R. MEYRAN SCTM# 1000-99-3-1 Lark & Folts, Esq. on behalf of GLENN R. MEYRAN requests a Wetland Permit and Coastal Erosion Permit to repair and maintain an observation deck and for the existing stairs from the top of bluff to the beach. Located: 175 Soundview Ave., Mattituck. SCTM#99-3-1 The proposed repair and maintain for the existinR stairs 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 with the policies of the program and therefore is CONSISTENT with LWRP. The request for a wetland permit and coastal erosion permit to repair and maintain an observation deck is INCONSISTENT with the below noted policies of the program and therefore is INCONSISTENT with LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. 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 proposed 160+ square foot deck located on the bluff is not a permissible action pursuant to: 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11-2005 by L.L. No. 17-2005] It is recommended that to further Policy 4.1 (below) that the observation deck be relocated to landward of the Coastal Erosion Hazard Line as depicted on the survey dated, as last revised, April 2, 1993. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. c. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold Board of Trustees Application Office Use Only V oastal Erosion Permit Application efland Permit Application Adminislxative Permit Amendment/Transfer/Extension _ ~./Rece~vved Applic~ation:~ ~Received Fee:$~PO" ~ompleted Application __Incomplete __SEQRA Classification: Type I Type II__Unlisted ~TwCOOrdinafion:(date sent) RP Consistency Assessment Form ~'-} ---C~AC Referral Sent: ~] e]-r~l ~ /'lSate oflnspeotion: (D!'Ot ~ ~Receipt of CAC Report:. __Lead Agency Determination: Technical Review: --.~ublic Hearing Held: I~ { I(01 [~ __Resolution: Name of Applicant Glenn R. Meyran Address 53 Morris Avenue West, Malverne, New York 11565 Phone Number:( ) (516) 593-1473 Suffolk CounWTaxMapNumber: 1000- 099.00-03.00-001.000 Property Locmion: 175 Soundview Avenue, Mattituck, New York approximately 200 feet east of Lloyd's Lane on north side of Soundview Avenue (provide LILCO Pole #, distance to cross sweets, and location) AGENT: Lark & Folts, Esqs. (If applicable) Address: 28785 Main Road, P.O. Box 973, Cutchogue, New York 11935 Phone: (631) 734-6807 Board of Trustees Application Land Area (in square feet): Area Zoning: R-40 GENERAL, DATA square 46,000~ feet (1.15 acres) Previous use of property: Intended use of property: Covenants and Restrictions: If "Yes", please provide copy. one-family dwelling same Yes x No Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date SEE ATTACHED PAGE FOR PRIOR PERMITS/ AP PRO VAL S Yes x No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: N/A Pr~ect Description (use attachments if necessary):_ Obtain maintenance and repair permits for the observation deck (originally built 1974-1975) and maintenance permit for existing stairs from top of bluff to beach (originally built 1972-1973). Attached hereto: survey of Van Tuyl & Son; sketch #1 - deck construction details; sketch #2 - details of stairway from bulkhead to top of bluff (contains two pages); and dated photographs of stairway and observation deck. BOARD OF TRUSTEES APPLICATION GENERAL DATA Prior pezmits/approvals for site improvements: Agency Date Town of Southold 1/19/73 Building Department Town of Southold Building Department 11/17/87 Town of Southold Board of Town Trustees 6/24/93 Town of Southold Board of Town Trustees 6/25/93 New York State Department of Environmental Conservation 8/16/93 Town of Southold Building Department 7/31/09 T~e Certificate of Occupancy one family dwelling (summer occupancy), attached hereto Certificate of Occupancy 2nd story addition (including garage and breezeway), attached hereto Coastal Erosion Management Permit - construct 106 1.f. of timber retaining wall, repair and replace stairway from beach to top of bluff, attached hereto Authorization to construct 106 1.f. of timber retaining wall, repair and replace stairway from beach to top of bluff, attached hereto Permit to construct 106 feet of retaining wall and repair stairway, attached hereto Certificate of Occupancy to year round one family dwelling, attached hereto Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: to repair and maintain stairs from bluff to beach on a routine basis as required and to replace and maintain wooden observation deck that became rotted and unsafe during recent storms. Area of wetlands on lot: 0 _square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet (stairs) Closest distance between.l~earest proposed structure and upland edge of wetlands: 110- feet (along bluff, deck) Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? 0 cubic yards Depth of which material will be removed or deposited: 0 feet r ti n stairs Proposed slope throughouttheareaofope a 'o s: ' generally conform to existing slope. Slope to remain '~he same. Manner in which material will be removed or deposited: All rotted and replaced wood material will be removed from property and taken to Southold Town Landfill. 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): None OBoard of Trustees ApplicOn COASTAL EROSION APPLICATION DATA Purposesofproposedactivity: For safety purposes the rotted wood on the deck and support posts were removed and the 4 x 4 posts were replaced and the decking is waiting to be installed. Presently, stairs to the beach need minor repair, in the tuture stair treds and supports wlii have to Ae rep. la~ed on a c9.q~inuou~ basis. e wetlanfls present w~tmn 100 teet of the proposed activity?. x No Yes Does the project involve excavation or filling? x No Yes If Yes, how much material will be excavated? N/A (cubic yards) How much material will be filled? 0 .(cubic yards) Manner in Which material will be removed or deposited: Existing rotted and and damaged wood on deck hasbeen removed as well as the rotted 4 x 4 support posts and they will be taken to the Southold Town Landfill. Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) None LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS June 14, 2010 Ms. Lauren Standish Southold Town Board of Town Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Glenn R. Meyran and Mary Jane Meyran (SCTM #1000-099.00-03.00-001.000) Dear Lauren: In connection with the above-captioned application, I am enclosing the following: Notice to Adjacent Property Owner with Proof of Mailing of Notice with attached certified mail receipts and green signature cards. 2. Affidavit of Posting. If there is anything else you need, kindly give me a call. RFL/bd , EnclosureSi Very truly yours, Richard F. Lark Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY [ 1971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of GLENN R. MEYRAN COUNTY OF SUFFOLK) STATE OF NEW YORK) GLENN R. MEYRAN New York 11565 AFFIDAVIT OF POSTING residing at/db~ 53 Morris Avenue West, Malverne, being duly sworn, depose and say: That on the29 tlday of May ,2010, I personally posted the property known as 175 Soundview Avenue, Mattituck, New York by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed.~ June 1C 2010 on or about 6:00 PM. Dated: June 12, 2010 (signature) Glenn R. Sworn to betbre me this 12thday of June'z~O0 2010 Notary Public NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: .ooo Glenn g. Meyrau SCTM# YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: repair and maintain observation deck and stairs to beach area. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 175 Soundview Avenue, Mattituck, New York. 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: June 16, 2010 6:00 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Sou{hold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: Glena R. Mey:an MAILING ADDRESS: 53 Morris Avenue West~ Malverne~ New York 11565 PHONE #: (516) 593-1473 AGENT: Lark & Folts, Esqs. MAILING ADDRESS: P;o. Box 973, Cutchogue, [~Y 11935 PHONE #: (631) 734-6807 Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Anne Marusevich Charles M. Cappellino Louise Cappellino George Kouvaras Elizabeth Kouvaras Glenn Ferraiuolo Address: 285 Soundview Avenue, Mattituck, NY 11952 65 Soundview Avenue, Mattituck, NY 11952 80 Soundview Avenue, Mattituck, NY 11952 200 Soundview Avenue, Mattituck, NY 11952 STATE OF NEW YORK COUNTY OF SUFFOLK BARBARA DIACHUN .,residing at 875 School House Road, Cutchogue, New York _, being duly sworn, deposes and says that on the 8th day of June _, 20 10, deponent mailed a true copy of the Notice ~et forth, in the Board of Trustees Application, 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 assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Officeat Cutcho~ue, New York , that said Notices were mailed to each ofsaid persons by (certified) (n~tm~k) mail. Barbara D±achun Sworn to before me this 14th Dayof June .,20 10 / ~qota)y Public OTARY PUBI.]C. 8'IA1~ OF NEW YORK ~, NO 52-4624771 UALtFIED IN ~UFFO~.~ COIJI~ COaaiSS~ON ~ NOV APPLICATION OF R. MEYRAN 1000-099.00-03.00-002.000 · Complete items 1, 2, end 3 AJso Complete -·~m 4 IrRest~cted De~h, ery ~ des~ . = ~nnt your name end address on theredr~veme so that we can return the card · · Attach this card to the k ...... .[.o you.. or on the front ff spaceT~e~rr~ts~ne mallplece, 1. ArtlcJeAddressed to: iCharles M Cappellino Louise Cappellino 65 Soundview Avenue Mattituck NY 11952 ,,~/ .~ Return Receipt for Insured Mail J'-I ,', n Me~c~esd~e 2. Article NumSer 4. Restricted Oetive~,? (f, Ytm Fee) r'; Yes ~.'~ 7006 0100 0004 4071 5153 APPLICATION OF iNN R. MEYRAN 1000-094.00-01.00-001.000 Postage Retum Recep Fee (Endorsement Red uired) (Endorsement Required) Total Postage & Fees ~2.80 ' 1~ $ $5.54 Anne Marusevich [~PO~xNo. 285 Soundview Avenue. 1000-099.00-03.00-002. 000 Certified Fee (Endorsement Required) $2.80 1~ .<, $2.~0 He~earl~; ~ ~.00 $5.54 0610812010 Charles M Cappellino Louise C.a.p~. ell ino ~g 'i~t: ~'~,:i .................... : .............................................. ......................... JCity,$tata, ZlP+4 Mattituck NY 11952 1000-100.00-01.00-001. 000 USE ~ 1 co,.,ed ~]s~t~ ~org¢ Kou~aras I , ailzaDeth Kouvaras ~ [ ~'~}:~Z'"'"~'~": ....... T-: ............................................ 1 [~POaox~. bounnvlew Avenue Mattituck NY 11952 Page 1 of 2 APPLICATION OF ENN R. MEYRAN 1000-100.00-01.00-025.000 r-~ ~ Ce~l~fled Fee ~ Return Receipt Fee // (ErKIo~sement Required) E~/ Reslficted Delivery Fee ~--~ (Endo~ement Required) Is"~T° Glenn Ferraiuolo [ ~'Ko'~7~ ....................................................................... [~. 200 Soundview Avenue Page 2 of 2 APPLICATION OF ONN R. MEYRAN 1000-094.00-01.00-001.000 · ~itel~ 1, 2~ md 3~ Also complete Item 4 B I:J~ete~l Delivery is desired. · Prlr, t y~ur. ~_a~e and address on the mveme "~ao~l~twec~Tretumthecardtoyou. - ' · Attach this card to the Peck of the maiJplece. or on the front if space permits. ~Anne Marusevich ~285 SoundviewA~nue [Mattituck NY 11952 If YES, enter delivery address below: [] No 3. Service Type ~ Ce,treed Ma~ n Ex4xess M~ [] Registered [] Return Receipt for Me,-c, handlse [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) r-I Yes 2. Article Number ' PSI=•tm 3811, Febmar~ 2004 7006 0100 0004 4071 5177 Domestic Return Receipt 1000-099.00-03.00-002. 000 WoT 1000-100 . 00-01.00-001 . 000 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Deliver/Is~desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the peck of the mallpiece, or on the front if space permits. 1. Article Addressed to: lGeorge Kouvaras Elizabeth Kouvaras 80 Soundview Avenue Mattituck NY 11952 y ( Print~d Name) , address dlffen~t fzom Item 1 ? ~ If YES, enter delivery address below: .,--'¢~ No ~ PS Form 3811, February 2004 7006 0100 0004 4071 5184 ,,,; Domestic Return Receipt 1~ Page 1 of 2 APPLICATION OF~ ENN R. MEYRAN 1000-100.00-01.00-025.000 · Complete item,S1., 2,and 3. Also complete II ~~n¥~;our name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mailplece, ~o} 0n'the front ff space permits, 1. Article Addressed to: I~lenn Ferra±uolo i~00 Soundview Avenue ~attituckNY 11952 Addressee D. Is delivery address different from item 1' If YES, enter delivery address below: 2. A~tlcle Number (Transfer from service labe;) PS Form 3811, February 2004 [] NO Sewice Type ~ Certified Malt [] Express Mail [] Registered [] RetUrn Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7006 0100 0004 4071 5191 Don~stlc Retum Receipt Page 2 of 2 PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT ! SPONSOR Glenn R. Meyran 3.PROJECT LOCATION: Municyality Mattituck 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME Application of Glenn R. Meyran C~un~ Suffolk 4. PRECISE LOCATION: Street Addess and Rnad InterseCts, Prominent landmass e~ -or arovide naa 175 Soundview Avenue, Mattituck, New York (SCTM #1000-099.00-03.00-001.000) Approximately 200 feet east of Lloyd's Lane. 5. IS PROPOSED ACTION: [] New [] ~nsi~ []Modm~fion/al~mfion SEQR 6. DESCRIBE PROJECT BRIEFLY: The existing 24 x 8 foot wooden deck with an observation perch which was constructed in 1974-1975 has become rotted and due to the recent northeast storms the support posts have become unstable which required replacement. The replacement is a 20 x 8 foot deck with an observation perch supported by 4 x 4 CCA posts in four foot concrete Sonotubes. The existing stairs to the beach need minor repair which will be continuous. 7. AMOUNT OF LAND AFFECTED: Initially 200 ~ sq. ft. Ultimately 200 ~ so,. ft. 8. V~qLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes [] No If no, desc~bebriefly: Town of Southold Board of Town Trustees permit needed. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Ch~e as many as apply.) r-'~Residentia, •Industrial ~']Commerclal OAgriculture ~]ParkiFomstlOpenSpace ]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes ['~No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~Yes [-~No If yes. list agency name and permit / approval: Existing stairway has Southold Town Boa~of Town Trustees and N.Y.S. Department of Environmental Conservation permits and authorizations. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Glenn R. Meyran Date: 5/24/10 If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT {To be completed b~ Lead Agency) A. DO~S ACTION EXCEED ANy TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 ff Yes, coord~Me Ihe renew process and u~e tbe FULL EAF. B. W1LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR, PART 617.67 If No, e negative c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH ~ FOLLOWING: (Answem may be bendv~ttefl, If legibte) Cl. E~ng air quaaty, su~ or gmu~ter quaflty m- quaotlly, n~se ibvels, e~s~ng bafiib patlem, so41d waste pm<Juc~o~ ~ ~' I ° I C5. C.~owth, a~uenl .~c;;:;.,,,~i~:, (x' mloted acliviees likely to be Ifv~-'~a ~/Ibe p ~r~_~.~_ action? P%.~e_~ bltsf[~. CO. Lo~l ten~, shot[ term, cumulative, ~ other effects not ideotlr~d in 01-C57 ~=~ briefly: No D. Will 'I~IE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If yes, explain brlefl¥: E. IS THERE, OR IS THERE LIKELY TO 8E~ CONTROVERSY RELATEO TO POTENTIAL ADVERSE ENVI RC~, ;,'.~.":'."TAL IMPACTS? If PART III - Di= ~ r. KijiilATION OF SIGNIFICANCE (TO be completed by Agency) IHSTRUCTIOHS: Foreachadvemeeff~tident~fiedabeve~determ~newfletheritissubstsnUaL~~r~s~n~ Each eflrect should be asse_ _~z~_ _ in connection with its (a) setting (i.~ U~an or rural); (b) pmbabillty of oc~; (c) dumUofl; (d) Irr~; (e) geographic ~; and (f) magnitude, ff necessary, add attachments or reference s~pportlng materials. Ensure ~at expiana~3fts ~ontsin mdficlent detail to show that all relevant adverse impacts have been idenffitnd and adequstely nddressed. If question d of part II was checked Cbeck INs box ff You beve k3kmG§ed ~me m' m pote~ffaffy la~,ge or 81gnffK=aof adverse hlzpac=ts wql.dch MAY ocour..1~ ix.~ ~ tethe FULl. EAF and/or prspam a poslUve.dedaretkm. WILL NOT res~ In any slgnlflcaot adveme eftvtronmental Impacts ~ provkle, o~ attecho~ as ne~____-~/, the reasons suPl)O~ fid determklatlon. , Board of Trustees Name of Lead Agency .Jill M. Doherty P/iht or Type Name of Responsible Officer in Lead Agency President Date Title of Responsible Offioer Sigfiotum of Preparer (If different from responsible officer} Board of Trustees Appli~ion County of Suffolk State of New York GLENN R. MEYRAN BEING DULY SWORN DEPOSES AND AFFIRMS THAT ~ IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SoLrrHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), I~ GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(~) OR REPRESENTATIVES(g), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signature' Glenn R. Meyran 24th DAY OF May Signature ,20 ~o Notary Public APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts ofintesezt on the nm't of town 0ffice~ and emoinvees. The nm'nose of this form is to omvtde informntion which cnn alert the town ofooszible conflicts oflnte~st and allow it to rake whntove~ action is YOURNAME: Me,'ran, Glenn R. (Last namo, first anmo, qtiddin initial, unless you are applyingh the name of someone else or other entity, such us a enmpeny. If so, indic~e, tho other person's or company's mme.) NAME OF APPLICATION: (Check all that apply.) " "· ': i Tax grievance Building , · Variance Trustee X Changc of Zone Constal Erosion Approval ofpht Mooting Exemption from plat or official map Planning Other (If"Other", name thc activity.) Do you perannally (or through your company, spouse, sibling, perent, or child) have a mlafiouship with my officer or employee or'the Town of Southold? "Relationship" includes by blood, marriage, or busians~ in.rest. "Business interest~ means a business, including a partnership, in which the town officer or employee has evcn n partial owncrship of (or empinymont by) n coqx~ration in which the town officer or employcc owns more than 5% of thc shares. YES NO X , If you answered "YES", complete the halmce of this form and date and sig~ where indicated. Neme ofpemon employed by the Town of Southold Title Or position of that person Describe the relationship between yourself(the npplicant/ngent/representative) sod the town officer or employee. Either check the appropriate line A) through D) and/or describe in thc space provicled. The town officer or emplo~.'e or his or her spouse, sibling, per~g or child is (c,~ch all that apply): __.A) the owner ofgre~r than 5% of the shares of~he coqx~rate stock of~ ~li~t (~n ~ ~pli~t is a m~mfion); · B) ~ ~ or ~mfic~ o~ of ~y in~ ~ a ~ ~fi~ (~ ~ ~li~ is ~t n __~) ~ offi~, dior, ~, or empin~ of~ ~U~ or DESCRIFTION OF RELATIONSHIP Form TS I Subm/ttedlhis24th dayof May ~ 2010 PrintNnme Glenn R. MeYran~ S~ture Prat LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-680? Fax No. (631) 734-565! E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS May 25, 2010 Southold Town Board of Town Trustees 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Application of Glenn R. Meyran SCTM %1000-099.00-03.00-001.000 Gentlemen: In connection with the above-captioned matter, I am enclosing the following in triplicate: 1. Board of Trustees Application with attached sketches and photos. 2. Authorization. 3. Short Environmental Assessment Form. 4. LWRP Consistency Assessment Form. 5. Applicant Transactional Disclosure Form. As previously stated in my letter to you dated May 14, 2010 my client's mother, Virginia Meyran, previously gave the Trustees $500.00. If possible, I would like to have notice when the Trustees will visit the property so I can arrange to be there or have someone there to explain and answer questions. If you need any other information, do not hesitate to contact me. Kindly let me know the date and time of the hearing as soon as it is scheduled. Very truly yours, RFL/bd Enclosures RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com May 14, 2010 Ms. Lauren Standish Scat. hold Town Board of Town Trustees 53095 Route 25 P.O. Box 11'79 Southold, NY 11971 RE: Glenn R. Meyran and Mary Jane Meyran (SCTM #1000-099.00-03.00--001.000) Dear Laurels: Pursuant to my conversation with you today, be advised I am Eepresenting the owners, Glenn R. Meyran and Mary Jane Meyran. They have authorized me to withdraw or to have held in abeyance the current application before you. Mr. & Mrs. Meyran have instructed me to file a new wetlands and coastal erosion application which I am in the process of preparing. It is my understanding Mr. Meyran's mother, Virginia Meyran, gave the Trustees $500.00. You can hold that amount in abeyance until this matter can be straightened out. Very truly yours, Richard F. Lark RFL/bd F]:LE NOTES (For Office Use Only) DATE & INITIALS $outhhold Town ~ -:- .j .. . ~oo/roo~ ££Z696gST;T XYd Lg:TT OTO~/LO/gO Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 ' Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD, Office Use Only ~,.~asml Erosion Permit Application etland Permit Application Administrative Permit R Amendmenffrrans~er/Extension ece~vved Application: eceived Fee:$ ~ ~'-Completed Application ~.3~ Incomplete SEQRA Classification: Type I Type II Unlisted__ Coordination:(date sero) ~'WRP Consistency Assessment Form ./.CAC Referral Sent: -495te oflnspection: .h-~I,,Y--[l~ Receipt ofCAC Rep~: Lead Agency Determination: Technical Review: .~blic Hearing Held: &~.]la)/]/0 Resolution: Name of Applicant Address I "~g- ~.~ova~vlew i~ue i t¥1~.-rrrr~O,(_. I~.Y, IIq. X',L Phone Number:( ) (~), ! ol96~ Suffolk County Tax Map Number: Property Location: (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: of Trustees Applicatio GENERAL DATA Land Area (in square feet): Area Zoning: ~ ~-~ I~ Previous use of property: Intended use of property: Covenants and Restrictions: Yes If "Yes", please provide copy. No Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspen/ded by a governmental agency? ~' No Yes If yes, provide explanation: Project Description (use attachments if necessary): of Trustees Applicatio0 WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: square feet Percent coverage of lot: ~ (/ <5 % Closest distance between nearest existing structure and upland edge of wetlands: / r~ ~ feet Closest distance between nearest proposed structure and upland edge of Wetlands: ~ feet Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? How much material will be filled? cubic yards cubicyards 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 Applicatio0 COASTAL EROSION APPLICATION DATA Purposes of proposed activity: C eD ~/5"f~'(; O 7~/~ ^/ 0 ~ .~ff/:~ Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? ~/ No Yes If Yes, how much material will be excavated? ~ (cubic yards) How much material will be filled? CO (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) PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME cou. .5' I k SEQR 3.PROJECT LOCATION: Municipality /33 ~,l'l-'rl-' 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide mae 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8.i.~,~)POSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? IV]Yes [] NO If no, describe briefly: dlS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many asapply.) entia, E]lndustrial []Commercial F--]Agricultere []ParklForest/OpenSpace E]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Foderal,~4il~te or Local) ]Yes b~o If yes. list agency name and permit / approval: 11. DOES ~ ANY AS T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes If yes, list agency name and permit / approval: 12. AS A RESUL~ OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Date: 0 Signature ~J.~v~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II -: IMPACT ASSESSMENT (To be completed by Lead Agency)* A. DOES ACT1ON EXCEED ANY TYPG, 'I~ESHOLD IN 6 NYCP. R, pART 617.47 ff yes. ~ooldinate the mdew pro~ess mYI use the FULL EAF. B. VdU- ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FORUNU~'iI=uACTIONelNSNYCRR, PART617.67 ffNo, an~w C. COULD ACTK)N RESULT IN ANY ADVERSE EFFECTS ASSOCIATED ~1.1 THE FOU. O~MNG: (Anm~e~ may be hsedwd~bm, ~ ~) I C5. C~-~,,~,, su~,-~uerg d~.,~,,~,,~iL or related ac~*,,~ies fllody to be induced by NO C6. Lo~gMrm, s~tenn, cumulaUve, o~oUreret~snotklenUfledklCI.CS? F_xida~bde~y:. No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL (AU, ARAC1ERISTICS THAT CAUSED '114E ESTABLISHMENT OF A ¢ PART Ii. ~: ~ =.~HA'11ON OF 8IGWFICANCE ~1'o be oomplofed by Agency) IN81'RUC11ONS; F~rea~h~dvemee~ec~k~ent~eda~x~dofen~tb~ub~ant~aL~a~ge~mp~ftant~rofhe~~ Each ~ .tmuld be a_=___,~e,~'smd_ In connection with its (a) se~ng (i.e. uriah or mini); (b) p,-,,~.,~.'~ of oocunt~; (C) duralinn; (d) ~ (e) ~aag"~°ld°---~':~*~e~; and (t) magn#ude' ffnece~---e-e*'Y, addat~aehmentsor~uppottiflgn'mtedab. Ensumlbete~48nefl(meconlain y~,lhe,de~ennln~on of~nlfl(:~nce mu6tewlua~elbe poten~llmp~t ofthepropo~clec~monl~e mMronmen~ ~oflheCEA Board of Trustees N~me of Le~ AGency Date dill M. Dohert~ President Print or Type Name of Responsible Office~ i~ Leed Agency TlPe of ResponsJble Of~cer Signature of Respons/bla Officer in Lead Agency 8tgna(ure of Preparer (if'different from responslMe olfleer) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont 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- suooorfin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# q C~ PROJECT NAME The Application has been submitted to (check appropriate response): TownBoard ~'] Planning Board ~ Building Dept. [] BoardofTrustees~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Locationofaction: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Sameofapplicant: (.~L ~ ~ ~ H~-~ (b) Mailing address: '~-~ W 6/~tO.. / ~ ~ ~ L ~.._q"~"~ (c) Telephone number: Area Code ( ) ~ i [~ ~ ...Q-c] ~ ~ ] ~ ~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes¢ No[~ Ifyes, whichstateorfederalagency? ~ II,~, ~:C ' C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid 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 - P/olicies Pages 3 through 6 for evaluation criteria ~] Yes ~ No~x~ Not Applicable At~ach 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 Yes [] No NotApplicahle 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 Ap Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. Yes [] No ~)~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic 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 ~ Not Applicable 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 [] No [~ Not Applicable PREPARED BY (~ t(¢ (Od- TITLE DATE'~-/~///~/O of Trustees Applicati~ County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN 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 IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signature 20/0 Notary Public ~'A~RY PUBLIC, 8~s o No. ~-~1~ Ord of Trustees Applicati~ AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM T~¢ Town of Southold's Code of Ethics orohibits conflicts of interest on the vart of town Officers and emolovees. The ouroosc of thi~ form is to nrovide information which can alert ~ town of vossible conflicts of interest and allow it to take whatever action is necossarv to avoid same. YOUR NAME: m¢¥~'an. Slenn Ie, (Last name, firstt name, ~iddle initial, dnlcss you are apply ng in the name of someone else or other entity, such as a company. If ~o, indicate, the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Varianco 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 Soathold? "Relationship" includes by blOOd, marriage, or business interest. "Busines~ 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 ~ If you answered "YES", complete the halanee of this form and date and sign where indicated. Name of person employed by the Town of Soathold Title Or position of that person Describe the relationship between yourself (the applicant/agent/representative) 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 g~ater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this Signature Print Name day of tvYYJ OTHER POSSIBLE AGENCIES YOU MIGHT HAVE TO APPLY TO N.Y.S. Dept. of Environmental Conservation (DEC) SUNY, Bldg. 40 Stony Brook, NY 11790-2356 (631) 444-0355 Mon., Wed., Fri., 8:00 AM-3:00 PM Suffolk County Dept. of Health Services 360 Yaphank Ave.,Suite C Yaphank, NY 11980 852-5700 U.S. Army Corp. of Engineers New York District 26 Federal Plaza New York, NY 10278 917-790-8007 N.Y.S. Dept. of State Coastal Management 99 Washington Ave. Albany, NY 12231 518-474-6000 Chapter 55 PUBLIC HEARINGS, NOTICE OF § 55-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 by L.L. No. 25-1995. Amendments noted where applicable.] § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Cede calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public heating on the application or petition and addressed to the owners at the addresses 'listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 55:1 0~.01-2006 PROVED'BY .... )LD -.-1 ' e . LAND ~ ' iii' B,,urd of T ]stt,~,S