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
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