HomeMy WebLinkAboutOrient Wharf Co, Inc 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
April 13, 2011
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Mr. Linton Duell
Odent Wharf Company
P.O. Box 243
Orient, NY 11957
RE:
2110 VILLAGE LANE, ORIENT
SCTM#24-2-28.1
Dear Mr. Dueil:
In response to an appeal by interested padies, the Odent Wharf Company has
now been compelled by the Southold Town Board to re-apply for a Coastal
Erosion Management Permit for work performed on their wharf pursuant to the
Coastal Erosion Hazard Area code, Chapter 111.
Upon a further review of the entire record and in response to the Town Board's
decision, we find that the previously permitted work, which was completed and
granted a Certificate of Compliance, fits under the definition of "normal
maintenance", Section 111-6 which states as follows:
Normal Maintenance-Periodic replacement or repair of same-kind
structural elements or protective coatings which do not change the size,
design or function of a functioning structure. A "functioning structure' is
one which is fully performing as originally designed at the time that normal
maintenance is scheduled to begin. "Normal maintenance' of a structure
does not require a coastal management permit.
It is not unreasonable for the Wharf Company to perform said replacement within
the parameters of its design and budget. The use of timber is an environmentally
preferable protective coating than the previous asphalt walkway.
The structure is not an Erosion Protection Structure, as described in Chapter
111. As such, the Trustees find that this structure is not subject to the
restrictions set forth in Chapter 111-15.
Pursuant to the findings herein made by this Board, a Coastal Erosion
Management Permit is not required for the as-built project. As requested, your
application fee has been waived. Please find enclosed your check in the amount
of $250.00.
Ve7 truly yours,
JMD:lms
Enc.
ORIENT WHARF COMPANY INC
PO BOX 243 631-323-3548
ORIENT, NY 119570243
03-67
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2536
D OL L AR S
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RESOLUTION 2011-302
ADOPTED
DOC ID: 6788
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-302 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 29, 2011:
WHEREAS, the Board of Trustees on August 18,2010 granted the application of Orient Wharf
Company (the "Applicant") for a permit to replace existing asphalt vehicle and access paving (an
approximately 17' portion) over fill on an existing wooden bulkhead structure with a new timber
deck, under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold; and
WHEREAS, on September 17, 2010, the adjacent property owners (David and Clare Air,
Timothy Frost and Margaret Miniehini) submitted an application to the Town Board of the Town
of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the
determination of the Board of Trustees, or in the alternative, seeking a modification of the permit
to include a requirement that Orient Wharf Company maintain a bulkhead and provide a 30-year
maintenance plan; and
WHEREAS, the Town Board did transmit a copy of the instant appeal to the New York State
Department of Enviromental Conservation; and
WHEREAS, the Town Board conducted a duly noticed public hearing on the instant appeal with
an oppommity for ail interested parties to be heard; and
WHEREAS, that the Town Board of the Town of Southold hereby finds that this action is
classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section
617; and
WHEREAS, the application has been reviewed pursuant to Chapter 268 (Waterfrom
Consistency Review of the Town Code and the Local Waterfront Revitalization Program
("LWRP")); now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings
and Determination dated March 29, 2011. orantin~ the Aoolication of the adiacent
property owners and directs the Orient Wharf Company to reapply to the Board of
Trustees for further consideration; and be it further
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed
action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules
and Regulations for this action; and be it further
RESOLVED that the Town Board has determined that this action is exempt from LWRP
review; and be it further
Resolution 2011-302 Board~/~eeting of March 29, 2011
RESOLVED that this Determination shall not affect or deprive any other agency of its properly
asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard
Areas Law considered herein.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 1]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Kmpski Jr., Councilman
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
NAYS: Christopher Talbot
Updated: 3/29/2011 3:26 PM by Lynne Krauza Page 2
TOWN BOARD
COASTAL EROSION HAZARD
BOARD OF REVIEW
TOWN OF SOUTHOLD
In the matter of the Application of
David and Clare Air, Timothy
Frost and Margaret Minichini
2110 Village Lane
Orient, NY
SCTM # 1000-24-2-28.1
DECISION
FINDINGS AND DETERMINATION
Based upon the application, documents contained in the Board's file, site
inspections and testimony received at the public hearing held on January 18, 2011, the
Town Board finds and determines as follows:
ISSUE
David and Clare Air, Timothy Frost and Margaret Minichini have filed an
application with the Town Board, as the Coastal Erosion Hazard Board of Review (the
"Board"), dated September 16, 2010, requesting the following relief:
A reversal of the Board of Trustees August 18, 2010 determination
granting the Orient Wharf Company's ("OWC") application for a permit
(Trustees' Permit # 7368C) under Chapter 111 Coastal Erosion Hazard
Areas of the Town Code, pursuant to the provisions of § 111-9.
In the alternative, and should the Board affirm the Trustees determination,
the applicant has requested a modification of the permit issued by the
Trustees to include a requirement that the OWC maintain a bulkhead and
provide a 30-year maintenance plan.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Description of the property and applicants:
The property that is the subject of this application is located on the western side of
Village Avenue and is located on Orient Bay. The property consists of approximately
3,230 square feet of upland area and is improved with a wharf and marina facility. The
property is located in the "M-I" Marine Zone. As confirmed by the Board of Trustees,
and acknowledged by the OWC, the portion of the property where the proposed work is
to be performed is located within the Coastal Erosion Hazard Area as established by New
York State in 1991.
The OWC submitted an application to the Trustees seeking permission to replace
existing asphalt vehicle and access paving (an approximate 17' portion) over fill on an
existing wooden bulkhead structure with a new timber deck structure.
The parties appealing the Trustees determination are not the owners of the OWC
property, but are adjacent property owners to the no~h and south of the property at issue.
B. Trustees Procedural History:
I. Application
The OWC filed an application with the Board of Trustees on June 14, 2010 which
requested a coastal erosion hazard area permit to replace existing asphalt vehicle and
access paving (approximately 17' portion) over fill at an existing wooden bulkhead
structure with a new timber deck structure.
II. Documentation in the Trustees Record
In addition to the completed application, the OWC submitted the following
materials in support of the application:
1. A Modification Plan prepared by Walter Bundy, dated March 26, 2010 and
revised May 3,2010 detailing the proposed project.
2. A Modification Plan, Revision "A", prepared by Walter Bundy and dated July
29, 2010 and a Modification Plan through Existing Bulkhead, Revision "A"
dated July 29, 2010 indicating topographic elevations of the project urea.
3. Orient Wharf Modification Plan, Revision "B" dated August 12, 2010,
indicating deletion of the Outfall Pipe Modifications at the Project Area.
4. Orient Wharf Sections through Existing Bulkhead, Revision "B" dated August
12, 2010 indicating the deletion of the Outfall Pipe Modifications and the
reduction in the mount of fill proposed to be removed.
5. A Site Survey prepared by Van Tuyl, dated November 19, 1978.
6. An Engineer's Drawing of the Proposed Timber Deck Structure prepared by
Corwin, dated April 1, 2010
7. Dated photographs of the portion of the wharf asphalt pavement to be
removed.
8. A listing of prior permits/approvals for site improvements on the property.
9. A short environmental assessment form.
10. A set of project documents that included various materials.
I 1. LWRP Consistency form.
12. Copies of a permit issued by the New York State Department of
Environmental Conservation (It 1-4738-03228/00002) for the proposal,
effective July 13, 2010.
13. An Erosion, Sedimentation and Stormwater Runoff Form.
2
On July 19, 2010, the LWRP Coordinator submitted a written recommendation to
the Trustees that the proposal was consistent with the LWRP.
On July 20, 2010, the adjacent property owners submitted an analysis and
argument regarding the Trustees' consideration of the OWC application which included
the following:
The OWC application was inaccurate, unsupported, vague, cryptic,
incomplete, self-serving, and disingenuous regarding the OWC's future
plans, which include the creation of a new water channel where the
existing beach lies.
The OWC application did not meet the requirements for a coastal
erosion hazard area permit and failed to address them in the application.
The OWC application did not meet the requirements for a wetlands
permit.
The OWC application was not consistent with the LWRP.
The OWC illegally segmented SEQRA review.
On August 6, 2010 the adjacent property owners submitted additional comments
on the revised submission of the OWC and indicated that the revised application was also
incomplete and failed to address all the issues they raised.
III. Public Hearing:
The Trustees held a public heating on this application on July 21, 2010 at which
time all those interested were given the opportunity to speak.
Walter Bundy appeared on behalf of the OWC and presented information in
support of the application, the relevant portions of such information is summarized
below. Mr. Bundy provided information regarding the OWC meeting with the DEC and
confirmed that the OWC did not have a maintenance permit with the DEC and that any
work performed on the wharf required a DEC permit. The main purpose of the work was
to provide immediate, safe access over the 17' paved area that was extremely
deteriorated. Mr. Bundy also testified that underneath the 17' paved section was
inappropriate fill material that the OWC was proposing to remove down to existing beam
pockets (approximately 1 ½ feet). Mr. Bundy also acknowledged that the OWC would
be coming back before the Trustees in the future for modifications to the Tidal Wetlands
maintenance permit to include dredging around floating docks and mooring areas, and
permit maintenance and rehabilitation of the wharf facilities, and additional permits for
reconstruction and maintenance of the wharf.
Anthony Pasca, Esq., appeared on behalf of the applicants herein and pointed out
that there were certain problems with the application as cited in the July 20, 2010 letter
noted above, but that these issues were not insurmountable. Mr. Pasca also pointed out
the concern of the adjacent property owners that there were many references to future
applications of the OWC, but there was no reference to what was going to happen to the
bulkhead and that the OWC made no indication that they were going to maintain the
bulkhead. Mr. Pasta also pointed out that the OWC failed to meet its burden of showing
that it met the criteria set forth in Chapter 111 to obtain a Coastal Erosion Management
permit. Mr. Pasta stated that failing to maintain the bulkhead underneath this area will
eventually create a 17 ft. hole that acts as a funnel and will destroy the beach.
Additionally, the opponents of the application presented testimony of Charles
Bowman, President of Land Use Ecological Services. Mr. Bowman noted certain
deficiencies in the plans submitted by the OWC and that the plan submitted would yield
an opening in the wharf structure and that the impacts of that opening should be
addressed and noted that based upon the application, there may be a SEQRA
segmentation issue.
Mr. Frost, an adjacent property owner to the south, also testified that he would
prefer that the OWC compromise and agree to maintain the bulkhead. Mr. Frost
acknowledged that there were concerns regarding access and egress to the wharf, silting
and water quality in the Harbor that negatively impacts the OWC and adjacent property
owners and that there was no concern with the timber decking as proposed. However,
Mr. Frost was concerned that the modifications would create a reconfiguration of the
shoreline.
Ms. Air, an adjacent property owner to the North, stated that she and her husband
supported replacing timber with asphalt on the condition that the permit require the
bulkhead and pilings remain in place and be maintained for the life of the bridge.
Thereafter, the agent for the OWC reiterated that the proposal was simply to
replace an asphalt surface with a timber surface.
Linton Duell, President of the OWC also testified that the bridge opening was
closed by Floyd King who in about 1978 filled in underneath the bridge, and paved over
the fill. This method was chosen because of cost issues. Mr. Duell also testified that at
that time, Floyd King owned the wharf property as well as the adjacent properties owned
by Frost and Air.
This matter was also discussed at the August 18, 2010 meeting of the Board of
Trustees. At that time Mr. Duell testified that a modification was made to the
application, namely, in lieu of the removal of all underlying fill beneath existing asphalt
pavement which was proposed due to the unsuitable material that was observed, the
OWC was now proposing to remove only that fill located between the existing beam
pockets to allow placement of the new support beams. The Trustees passed a motion to
approve the application as modified.
4
IV. Trustees Determination and Certificate of Compliance.
On August 18, 2010 the Trustees issued a determination granting the Applicant's
request for a Coastal Erosion Hazard Area Permit based upon the following:
The revised proposal, as applied for, complied with the standards set forth
in Chapter 275 and Chapter 111 of the Town Code; and
The Trustees determined that the revised proposal, as applied for, would
not have a detrimental effect upon the health, safety and general welfare of
the people of the Town.
The proposal was consistent with the LWRP
The OWC completed the proposed work and received a certificate of compliance
from the Trustees on August 31, 2010.
V. The Town Board Proceeding
On September 17, 2010, the adjacent property owners timely filed an appeal of
the Tmstee's determination pursuant to Town Code Chapterl 11 with the Coastal Erosion
Hazard Board of Review (the Board) seeking the reversal of the Trustees granting of the
permit without a condition that the OWC maintain the bulkhead underneath the timber
decking that was installed. The Board held a duly noticed public hearing on January 18,
2011 at which time all interested parties were given the opportunity to present testimony
on the application.
Anthony Pasta, Esq. appeared on behalf of the adjacent property owners and
presented testimony on the appeal. The testimony presented on the appeal reiterated the
information provided to the Trustees as set forth in Section III/IV above. Additionally,
Mr. Pasca submitted photographs and additional information into the record regarding the
condition of the bulkhead underneath the 17' area where the pavement was replaced with
timber.
John (Jack) Kelly, a property owner approximately 600 ft. north of the wharf,
appeared and stated that the intent of the work performed by the OWC was to repair a
roadway that was sagging and that was frequented by heavy vehicles. Mr. Kelly also
stated that at some point during theA970's that area of the wharf, which was originally
open and had water flowing through, was filled. Mr. Kelly stated that prior to the filling
of the 17' area, the beach area to the north and south survived. However, since the area
was filled, sand has piled up on both sides of the wharf and has no way of getting out.
Additionally, Mr. Kelly also stated that one of the effects of sand build up is that the
properties furthers away from the wharf are losing sand, have lost sand and particularly to
the south side. Finally Mr. Kelly stated that the build up of sand along the wharf makes it
difficult for OWC to utilize the wharf.
Claire Air, the appellant herein, also appeared and stated her concern as the
adjacent property owner to the north is that the beach was there when she purchased the
property and that she wanted it to remain. Her concern is that if OWC fails to maintain
the filled in portion of the wharf, she will lose beach area.
Mr. Air, owner of the adjacent property to the north of the wharf, noted that the
OWC failed to provide expert testimony from a coastal engineering firm regarding the
impact of allowing this section of the bulkhead to allegedly deteriorate
No other members of the public appeared in support or opposition to the
application and the record was closed on March 1,2011.
APPEAL OF THE TRUSTEE'S DETERMINATION
Pursuant to § 111-24 the Town Board is designated as the Coastal Erosion Hazard
Board of Review and has the authority to "[h]ear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination made by the
Administrator in the enforcement of this chapter." See, Town Code §111-24 (B).
Furtbermom, the Coastal Erosion Hazard Board of Review has the authority to "reverse
or affirm, wholly or partly, or may modify the order, requirement, decision or
determination of the Administrator, including stop or cease-and-desist orders." See,
Town Code §111-25.
When considering appeals pursuant to §§ 111-24 & 25, the Board is limited to the
record on appeal and the arguments made before the Board of Trustees. In this instance,
this Board finds, based upon the record before it, that the OWC failed to supply the
Trustees with sufficient information regarding the criteria set forth in § 111-9(A-C) of the
Town Code to support the granting of a Coastal Erosion Management Permit to OWC.
While the adjacent property owners and their representatives made general statements
regarding the potential impact of the application and had a consultant present at the
Trustees' public hearing that offered testimony noting certain deficiencies in OWC's
application, the adjacent property owners similarly did not present sufficient information
to support the denial of the permit.
This Board also questions whether the replacement of pavement with timber, as
proposed by the OWC qualifies as normal maintenance under §111-6. This
determination should be made, in the first instance by the Trustees, based upon the
information provided by the OWC.
Regarding the argument made by the adjacent property owners whether the
structure qualifies as an erosion control structure under §111-15, this Board believes that
the intent of the wharf was to provide access to the water, as opposed to providing
protection of the shoreline. However, it is for the Trustees to determine this issue if it
sees fit, in the first instance, based upon information provided by the OWC and the
adjacent property owners. This Board does not have jurisdiction to consider the
remaining arguments of the adjacent property owners, as they fall beyond the purview of
Chapter 111.
CONCLUSION
Therefore, in the interests of justice and for the reasons set forth herein, this Board
grants the appeal of the adjacent property owners pursuant to Chapter 111 of the Town
Code, annuls the Coastal Erosion Management Permit granted to OWC, without
prejudice, and directs the OWC to reapply to the Board of Trustees for further
reconsideration in accordance herewith.
Dated: March 29, 2011
7
Jill M. Doherty, President
James F. King, 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
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
# 0576C
Date August 31,2010
THIS CERTIFIES that the replacement of the asphalt vehicle and access paving (an approx.
17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure
At 2110 Village Lane, Orient
Suffolk County Tax Map .g24-2-28.1
Conforms to the application for a Trustees Permit heretofore filed in this office dated
6/14/10 pursuant to which Trustees Wetland Permit #7368 and Coastal Erosion Permit
#7368C dated 8/18/10 were issued and
conforms to ali of the requirements and Conditions of the applicable provisions of law.
The project for which this certificate is being issued
is for the replacement of the asphalt vehicle and access paving (an approx. 17' portion) over fill
at an existing wooden bulkhead structure with a new timber deck structure.
The certificate is issued to ORIENT WHARF CO. owner of the
aforesaid property.
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
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72
HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT
FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE
CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT.
INSPECTION SCHEDULE
Pre-construction, hay bale line
__ 1st day of construction
½ constructed
__ Project complete, compliance inspection.
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERM1T NO. 7368&7368C
DATE: AUGUST 18, 2010
ISSUED TO: ORIENT WHARF CO.
PROPERTY ADDRESS: 2110 VIlLI,AGE LANE~ ORIENT
SCTM#24-2-28.1
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
Auanst 18.2010 in consideration of application fee in the sum of $500.00 paid by Orient Wharf Co. and subject
the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and
the following:
Wetland Permit and Coastal Erosion
and access paving (an approx. 17' portion) over fill at an existing wooden bulkhead
structure with a new timber deck structure, and as depicted on the plans prepared by
W.F. Bundy last revised August 12, 2010.
IN 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.
Jill M. Doherty, President
James F. King, Vice-President
Dave Bergen
Bob Ghosio, Jr.
John Bredemeyer
Town Hall Annex
54375 Main Road
P.O. Box 1179
South&d, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
August 18, 2010
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Mr. Walter Bundy
237 Walden Court
East Moriches, NY 11940
RE:
ORIENT WHARF CO.
2110 VILLAGE LANE, ORIENT
SCTM#24-2-28.1
Dear Mr. Bundy:
The Board of Town Trustees took the following action during its regular meeting held on
Wed., August 18, 2010 regarding the above matter:
WHEREAS, Walter Bundy on behalf of ORIENT WHARF CO. 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 June 14, 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, a Public Hearing was held by the Town Trustees with respect to said
applications on August 18, 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 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
ORIENT WHARF CO. to replace the existing asphalt vehicle and access paving (an
approx. 17' portion) over fill at an existing wooden bulkhead structure with a new timber
deck structure, and as depicted on the plans prepared by W.F. Bundy last revised
August 12, 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: $50.00
Very truly yours,
Jill . Doherty, Presid nt
Bo~r(~ Dof TrusteePsresid~'nt
JMD/Ims
Jill M. Doherty, President
James F. King, 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
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
COASTAL EROSION MANAGEMENT PERMIT
Permit #7368C
Date: August 18, 2010
SOTM#24-2-28.1
Name of Applicant/Agent: Waiter Bundy
Name of Permit"tee: Orient Wharf Co.
Address of Permittee: 2110 Village Lane, Orient
Property Located: 2110 Vitlage Lane, Orient
DESCRIPTION OF ACTIVITY: TO REPLACE THE EXISTING ASPHALT VEHICLE AND
ACCESS PAVING (AN APPROX. 17' PORTION) OVER FILL AT AN EXISTING WOODEN
BULKHEAD STRUCTURE WITH A NEW TIMBER DECK STRUCTURE.
CONDITIONS: N/A
INSPECTIONS: FINAL
The Coastal Erosion Management Permit allows for the activities as indicated on the plan
prepared by W.F. Bundy last revised August 12, 2010.
JMD:lms
Facility D~C ID 1-4738-03228
PERMIT
Under the Environmental Conservation Law (ECL)
Permittee and Facility Information
Permit Issued To:
ORIENT WHARF COMPANY
C/O THOMAS MuRRAy
PO BOX 243
ORIENT, NY 11957
(631) 323-3864
Facility: ·
OI~IENT ~cIAiRF CO PROPERTY
21 l0 VILLAGE LN
ORIENT, NY 11957
Facility Loca, ti0n:, in SOUTHOLD in SUFFOLK COUNTY
Viliage: Orient
Facility Principal Reference Point: NYTM-E: 726.2 NYTM-N: 4557.4.
Latitude: 41°08'11.0" Longitude: 72°18'17.'9"
Project,Location: 2110 Village Lane =
Autho,~ed Activity: Replace asphalt.pavement .covenng existing 28' x 17' bulkhead structure us~ for
'ac¢cs~to wharf facility with timber decking. Remove 31 cubic yards of existing fill and dispose of~
apprQ~ed upland site. Remove seaward most 20 linear feet of existing ouffall pipe.'All work to be ,*
completed in accordance with plans stamped "NYSDEC Approved" on 7/13/10. ~:~
.,Permit Authorizations
Tidal Wetlands - Under Article 25
Perfait ID 1-4738-03228/00002
New Permit
Effective Date: 7/13/20] 0
NYSDEC Approval
Expiration Date: 7/12/2015
By acceptance of this pernut, the pernuttee agrees that the pernut Is contingent upon st~ti:t
eomptlanc6 With the ECL, nH applicable regulations, and aH conditions included as par~ if this
permit.
Permit Administrator: JOHN A W/I~LAND, Deputy Regi~r
Address: _N'f~E_C/R~GION I HEADQ~RTERS j
~Z_F~_~S_ff_ONY BROOK, J~ CIRCLE RD /
Authorized Signature:
Page 1 of 5
NrgW YORK STATE DEPARTMILNT OF ENVIRON]~"IXrFAL cONgRRVATION
Facility DEC ID 1-473S-0322S
Permit Components
· NATURAL REsoURcE PERMIT coNDITIONS
GENERAL CONDmONS, AP .P.,~/~.~=~ AtrrI-IOI~,ZRD~i~EI~Z~S ·
NOTIFICATION OFfeR PEPdvn' ·
I'I'EE OBLIGATIONS ?.%,
· -'-:'f' ' ~ '%' "' '."'F..[ '..,
-I NAT~ I~SOLTRCE PERMIT CON-DITIONS-APl)t, t'
1
~,~ Permits: TIDAL. W-ETLANDS
· t~' ' ' " ' '~'
.~ ." . · . . .. . ~. ..'...
aeU.vme~ structures ~dent~fied unde~ tbe section 6fled "SAP Authorized Activity". The ~ does
cx~..tej~e .ofstmLm~' Whieh wotaa ~av~ required ~ per~t bat.for which.o p~ait or other , % . '.
~z~u0n h~ be~ ~ant~ ~y tbe D~mm~t .- . .
~ . · . . ~.-
2: ~ .pO.S?. ~.L~. Ii.o'= All cxcava,ted matexial shall, be appropriately disposed of as.p~ir tho proj.ect1~'.
tho approved p;oject._si~. ' J~Luire further-written approval from the Depm'tm~nt (Permit, ....
-._d_~''~-' *'-~.~,:., ,~ s,-~,"~'. -
. %.. . . . '
4. (~j~nf0rmanee With Plans. All activities authorized by this permit must be'in strict conformanc~ '..
with ]~e approved plaua' ~Ubnutted by the applicant or applicant's agunt a~ part of me peTmit appli~on~
stum i~gmved p~ans w=e pr~ared by W~ Bmady, ~ast r~,is~ on S/~nO. '. ~'. '. '
s~ NOtice of CO,n'"eneemen~t_~o_f~eProject,~he~n~ittee '
the comple~ea.~. . : ' . ' =¥!. ' : '
6. Post Permit Sign ~ .~_ 't sign enclosed with this l~,,,it shall be poSt~..~-conspicoom
location on the worksite ai~,~uately protected from the weailier. ..:4~{~i" ' ' ·
7. Fa/lure to Meet Permit Condifioii~? ~ eet all the con&lions'of tiaa penmt
is a violation of this permit and grounds for an order to immediately cease the permitted activity at the
project site.
S. Use of Tre~ited Wood The useofwood treated With Pen~chtorophenol or other wood treatment not
specifically apPr0~ .ed by the Deparmaem for use in wetlands and/or marine waters, .is strictly protu'bited
intbe construction of structures that will be in contact with tidal waters.
Page 2 Of 5
NEW YORK STATE DEPARTMENT OF ENvn~ONMENTAL CONSERVATION
Facility DEC ID 1-4738-03228
9. No Dredging or Excavation No dredging, excavating or'other alteration of shoi'eline or underwater
areas is authorized by this permit, nor shall issuance of this permit be construed to' suggest that the '
Department will issue a permit for such activities in the future:
10. No Disturbance to Vegetated Tidal Wetlands There shall be no distUrbance to vegetated tidal
wetlands or protected buffer areas as a result of the permitted activities.
11. No Construction Debris ...... -
m WetlanO or Adjacex~t Area, ~¥ debris or excess material from
constmctinn 0fthis project sh~[:b~ei~inpletely removed from the adj~agext~ area (upland) and removed to
an approved upland area for'disposal No debris is permitted in wetlands ~0~ ~rotected buffer areas.
12. Precautions Against Contamination of Waters All necessary precautions sh~i&c taken to
preclude cont~ifiation of any wetland Or waterw~ by suspended solids, sediments, fugl~?lvents,
lubricants, e?~y coatings, paints, concrete, lenchate or any other environmentally deleteriC~Us materials
assOCiated ~ the project.
1~. State'May Require Site Restoration If upon ' '
the expiration or revocation of this permit, ~g
p oject?ercby authorized has not been completed, the applicant shall, without expense to the 8tag~ and
to su.~~extcnt and. m such time and manner as the Department of Environmental Conservation ma~2
reqm~e, remove all or any portion of the uncompleted structure or fill. and restore the site to its ~rb .rm~
con~iion: No claim shall be made against the State of Ne~ York on account 0fany such removal
14. State May Order Removal or Alteration of Work If future operations by the State of New York
eq ~re an al[:.e.,rat~ m the positron'of the structure or work herein authorized or if. ....... ~:'~
Depa~ of Environmental Conservatlom~t;shall cause unreasonable obstruction to~.ll~rPe~n navigaffOn
of s~fd waters or flood flows or endanger the he~l~Fsafetv or welfare of the '~e~~'¥~kc,~- o,--
l°sg'ior destruction of the natural resources of the State, ti~'13~ef.maflS~dered by the Department
mm~ve or alter the structural work, obstrUctions, or hazards caused thereby without expense to the Sfilte,' '
and i~ upon the expiration or revocation of this permit, the structure, fill, excavation, or other'
modffi?ation of the watercourse hereby authorized shall not be COmpleted, the owners, shall, withoUi:
expense, to the State, and to such extent and in such time and manner as the Department of
Environmental:Conservation may texluire, rem~Ve~lt,~r any ~o~6f~ol~.t~e Uri~.itpl~red,~stmetur~ ~r fill
· and restor~l~:i~ts.;:fo?mer condition.the navigab!o..ood, fl~.06 ~al~ty,~.~:~gl~oo.~s~..No ~1~ shall
be made a~h_.~nst the State of New York. on aCCOunt of any such removal or alteration.
15. State Not ~!able for Damage The State of New York shall in no case be liable for ai~i~ damage or
injury to the structure or work herein authorized which may be caused by-or result fxom:fUture operations
undertaken by the S'{hte for the conservation or ' · ' '
· ~mprovement ofnamgat~on, or for other purposes, and no
claim or fight to compc~sa~i0n shall accrue from any such damage.
Page 3 of 5
GENERAL CONDITIONS - Apply to ALL Authorized Permits: '"
' 1. Facility Inspection.. by The Department .~~..site or facility, including relevant records, is
subject to impeCtion at reasonable lt!Lm~'iiitei, vals~ faii'ii/ffi~t~.representatiw' of the Department
of Environmental CbnS~rvati._.o!!,(ttt~"~)epartmont)'.to d~termine whethei: ' .'tI~,~tt~'is ~omplying with
this. pexmit and the ECI~_~:::~ii'ch representative may 0rdex the work suepend~l' ~ttl~slant to ECL :71- 0301
and 8APA 401(3). .~'
The pexmitte~ }r~ll provide a person to accompany the Department'~ representative duri~ _.4~n msp~aon
to the Peamit.~ when requested by the Depadment. ' ~.~..
-A 9opy offii~is permit.including, all referenced'maps, drawings and spe~ial'condiffoa must b~..aii~le.
for ins~on by theDepattmeat at all times at the projekt site or facility. Failure to laodnco a ~ of
the p~.-..~t upon xequest by aDepa, tmeat representaliye is a violation Of this pea'mit. · gA. '
2. R~lationship ofth~ Permit to O~her Department Orders and'Determinations 'Unless ~xpr~ty
pro,ted for bY the Department, issuance of this permit does ~ot.modify, SUpt.,erie or r~scind ~y or~e~
or ci!~t~,,~ihati0n previously i~sued by the Depaxtment or any of thc terms, conditions or requirement}.
3. App~ Permit.Re;~*l!gjLdifications or Transfers The pcrm~ti .c~.~~
s~'ttea~ application to.the Departm~"for~e~'.'t renewal, aodificati0n~fe~ of fbi. 's '
peiz~fit_Such application aust ~nclude a~y fora or~- ~.~2~~~e Department require.'. '
app~ons for po-mit r~ewal, modification or txansfer are to be submitted to:
.~. · Regional Permit AOminiatrator.
4. Snbmlsn~.0f Renewal Application The pcaiaittee must submit a.reaewal applicative'it least 30
.day~ before p~.~xpiratien for the follovAng permit authorizations: Tidal Wetlands. ,?"
5. Permit Moa~fica..~, Suspensions a~d Revocations by the Depm tment ~'~Depanmcnt
reserves the fight to m0dl~pend or revoke this txamit. The grounds f~..~a~ificalion, susPension
rovocation include: ': ..... '"'"
a. mateiially false or inaccurate statements ih'~ ~t.application or supporting papers;
b. failure by the pennittee to comply with any terms or conditions of the permit;,
c. ex.c, eeding the scope of the project as described in the permit application;
Page 4'of 5
NEW Yo~K STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FaciHty DEC ID 1-4738-03228
d. newly discovered material information or a material change in environmental conditions, relevant
- teclmology or applicable law or regulations since the issuance of the existing permit;
noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute~ regulation or
another permit condition. Applications for permit.transfer should be submitted prior to actual transfer of '
ownership. , ·
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification .
· The permittee,~xcepting state oi' federal agencies, expressly agrees to indemnify and hold harml~ the
Department Of Environmental Conservafi6n of the State of New York, its representatives, employe~e
and t ~i' ,, - - . . ·
agen s ~ DEC ) for all clmms, stats, acuons, and damages, to the extent attributable to the.
permittee's:acts or omissions in connection with the.permittec's undertaking of activities in connectioi~
with, or operation and maintenance of, the facility or facilities authorized by the permit whether'in '
compliance or not in compliance with the terms and conditions of the permit, This indenmification'doeS
not exte_fid to any cla/ms, suits, actions, or damages to the extent attributable to DEC's own negligent or
~ntentio~ acts or omissmns, or to any claims~ suits, or actions naming the DEC and arising under
Article '~ 6~e New York Civil P~-actice La~,s an~ Rules '0~' any cifi'~' ~it ~' ~i~/ii' ~gh~"i~ro{4~:i~n ....
under federal or state laws.
Item B~Pt/rmittee's Contractors to Comply with Permit
The p~'mittee is responsible for informing its independent ~ontractors,~employe~, agents and assigns of
their regponsibility to comply with this permit, including all special conditions while acting as the
permittes's agent with respect to the permitted activities, and such persons shall be subject to the same
sanctioni}tfor violations of the Environmental Conservation Law as those prescribed for the permittee. '~'
Item C: Pei~mittee Responsible·for'Obtaining. Other Required· Permits . : · -:
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-
way that may be required to Cany oui the a~lvid~s ihat are ~u~h~rlze~i I}5; ~s'Permit.' "
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not COnvey to the permittee any fight to trespass upon the lands or interfere with the
riparian rights of others in order to perform the permitted work nor does it authorize the impairment of
any rights, title, or interest ir~ real or personal property held or vested in a person not a party to the
permit.
Page 5 of 5
· Complete items 1, 2, and 3; Also complete
Item 4 if Restricted Deliver,/is desired.
· Print your name and address on the reverse
--so that we can tatum the card to you.
· Attach this card to the back of the maill~be,
or on the front if space permits.
1. Article Addressed to:
YES, en~da~,eW~t~. 1:3 No
ORIENT MPO
ORIENT, Ne~ Yor~
119571254
3548330957-0098
08/25/2010 (800)275-8777 03:52:26
Sales Receipt
Final
Descrimtion Gty Price =rice
$0.44
II'/G¢,¢~ ~,T~p~ Product Sale Unit
Descrip
[] IrmU~ ~1 O ~o.D. STONY BI
4, ~ ~ ~) D~ Zone-1
Letter
- - OY oao d6o ' So -o s - 0.50 o,
Expect
Ib~ 20~ ~m~lc R~um R~el¢ 1~1~ ' Return
,, 6ard)
~ I ~ ~ ~ ~ j Issue [
2. Art[cie Number
PS Form 3811, ~ebn~an/2004
STONY BROOK NY 11790
Zone-1 First-Class
6,50 oz,
Expected Delivery: Thu 08/26/10
Return Rcmt (Green $2.30
Certified $2.80
Label #: 70073020000195040835
Issue PVI: $5,54
$5,54
$6.00
Change Due: -$0,46
Order stamps at USPS.com/shop or
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TELL US ABOUT YOUR RECENT
POSTAL EXPERIENCE
EXIST
BY
~R.U$~EES
~/.~-.XI~TING FENCE
· WAR MEMORIAL
ACTIVITY DELETED~TM
BEACH AREA
For To~O Elevations, other than those
Shrub'1 ~t Proj~t Area; ase John C.
Ehlem ~unmy dated June 9, 2010 ·
EXI$11NG END
OU/F/U.L PiPE
Infom~tion ~ho,#n on thls Sketch reflects 8unmy I
InfmmaUon as prepared by John C. Ehtera, Land Sunmyor,
Clab~:l ,~tember 1~, M;ly~201~ ?u~ 2010
ORIENT HAR~,'~
AREA OF EXi~'I~NG
BEACH GR~.~
EXISTING ACCESS VIA ASPHALT PAVEMENT
OVER FILL TO BE REPLACED WITH NEW
....'"TIMBER DECK STRUCTURE SPANNING THE
· AREA SHOWN
BOULDER & BULKHEAD WHARF wi
FILL & ASPHALT SURFACE
SCALE: 1" = 30' 0"
PROPOSED MODIFICATIONS TO ORIENT WHARF
Drawn by: WF eundy Modification Plan
Date: March 26, 2010
Revised: May 3, 2010 Orient Wharf Company, Orient New York
Ck'd by: July 29, 2010, Aug 12, 2010 SCTM #: 1000-24-2-28.1 Sketch prepared byWF Bundy, East Mo~hes NY 11940
SCALE; 1" = 10' 0"
SECTION "A"' THRU EXISTING BULKHEAD LOOKING; WEST
NEW TIMBER DECK STRUCTURE
A~ PER ENGINEER'S DRAWIN(3~ ~
,<..:
EXlS~rNG ASP~N.T SURFACE ON BOTH
ENDS OF NEW TIMBER DECK $~UCTURE
TO BE PATCHED & PITCHED A8 REQ'D
SECTION
THRU EXISTING BULKHEAD LOOKING EAST
29 July 2010 (Noted lgeva~ion~ ~t Se~or~)
12~g 2010 (Deteted O~f~l Rm Modifea~Jms &
Ck'd by:
SECTIONS THROUGH EXISTING BULKHEAD
PROPOSED MODIFICATIONS TO ORIENT WHARF
.... Orient.Whorl Company, Orient New York
JOHN C. F_HI,FXS LAND'
· rrojec~ rnotograpns - ·
PROPOSED MODIFICATIONS TO ORIENT WFI'YJRF
Orient Wharf Company, Orient Neap Yorl¢
Current Proiect Site Photographs:
Photograph Key Map
ORIENT HARBOR
Ph~ L~ PC~T~ON)AhDREPLACEOWfATIU[~-R
PROPOSED MODIFICATIONS AT OI~I'~.NT WHARF
o~ by wF ~.nd,t PHOTOGRAPH K~ PL~
D~, ~ ~.~o~a O~t ~ ~y, O~t N~ York
EXISTING PILINGS & SHEATHING TO REMAI~N %,~
EXISTING GRADE
EXISTING BOULDER & BULKHEAD STRUCTURE w/ ~
FILL EXISTS BEYOND THE SECTION BEING %J
REPLACED WITH NEW TIMBER DECK STRUCTURE "~
EXISTING ASPHALT SURFACE TO BE REMOVED &
REPLACED WITH A NEW TIMBER DECK STRUCTURE
SUPPORTED AT EXISTING BEAM POCKETS AT EACH END '~ +1. 28' 0"
~.:[:.:??;.'..i..:.',:.,?..:B:?:.:?:.l:...:.:v'?¢[i?:?l.?.,?:'..','.:'[.:
SECTION
EXISTING FILL TO BE REMOVED TO LEVEL BELOW
EXISTING BEAM POCKETS +/- 18" (APPROX 20 CY)
AND DISPOSED OF IN AN APPROVED UPLAND SITE,
")..., EXISTING GRADE
' '~ EXISTING TOWN OUTFALL PIPE TO BE
SHORTENED (SEE MODIFICATION PLAN)
SCALE: 1" = 10' 0"
~¢A]~ THRU EXISTING BULKHEAD LOOKING WEST
NEW TIMBER OECK STRUCTURE
AS PER ENGINEER'S DRAWINGS
EXISTING TOWN OUTFALL PIPE TO BE
SHORTENED & EXISTING RIPRAP UTILIZED
AT NEW END OF PIPE (SEE PLAN)~ '~.
EXISTING GRADE ~'~'~._'~
~ECTION
EXISTING ASPHALT SURFACE ON BOTH
ENDS OF NEW TIMBER DECK STRUCTURE
TO BE PATCHED & PITCHED AS REQ'D
!, EXISTING FILL TO BE REMOVED TO LEVEL BELOW
~,EXISTING BEAM POCKETS +/- 18" (APPt~OX 20 CY)
· AND DISPOSED OF IN AN APPROVED UPLAND SITE.
/
~./// EXISTING PILINGS &
SHEATHING'TO
REMAIN
EXISTING GRADE
~ EXISTING CONCRETE SEAWALL AT SHORELINE
EXISTS BEYOND THE NEW TIMBER DECK STRUCTURE
SCALE: 1" = 10' O"
~B~ THRU EXISTING BULKHEAD LOOKING EAST
NOTE:
Surveyor, dated Sap ember 1999
Drawn by: WF Bundy
Date: March 26, 2010
Revised: 03 May 2010
Ck'd by:
S~etch prepared by W F B[mdy. E~st Moriches NY 11940
S~CTIONS THROUGH EXISTING BULKHEAD
PROPOSED MODIFICATIONS TO ORIENT WHARF
Orient Wharf Company, Orient New York
SCTM #: 1000-24-2-28.1
Town H',dl Annex
54375 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Telephone (631) 765-1802
Fi~x (631) 765-9502
BUILDING DEPARTMENT
TOWN OF $OUTHOLD
ADMINISTRATIVE PERMIT
Applicant: Linton Duell, President, for the Orient Wharf Company
Date of Receipt of Application: August 18, 2010
SCTM#: 1000-24.-2-28.1
Project Location: 2110 Village Lane, Orient, NY
Date of Resolution/Issuance: August 20,2010
Reviewed by: Damon Rallis, Commissioners
Project Description: Removal of 17' x 28' to a depth of 18" of existing fill and
restoration of timber bridge per original structure for safety and load considerations due
to deterioration of existing rubble fill and road bed.
Findings: The project meets all the requirements for issuance of an Administrative
Permit set forth in Chapter 170 of the Southold Town Code. The issuance of an
Administrative Permit allows for the operations as described in the application received
on August 18, 2010.
Special Conditions: No additional work permitted beyond the scope of that outlined in
the above referenced application.
If the proposed activities do not meet the requirements for issuance of an Administrative
Permit set forth in the Southold Town Code,~a Certificate of Appropriateness will be
required.
a d~n f~o~ther agency.
Administrative Assistant ~
Landmarks Preservation Commission
Grage o~ God. Free and Independent: To all to ~ohem these pr£se.ls shal~ come,.
Knom Ye, that, pursuant to a resolution of the Commissioners of our Land Office, for the ~ose of pro-
vatio~ and ~o~ the conditlo~ h~ei~er m~tlo~ed, ~E ~vz given, and by the~ yre~ts, ~ give u~to
therefor and a~tho~t~ to erect an~ Dock or Dock~ that shaR be neces~ar~ to promote the Comm~ of our said
State, upon tk~ land under ~ater hereinafi~ des~ibed, and tko aut~orit~ to cold.from p~so~ u~in~ s~c~ Dock
or Docks: re.enable and accustomed dockage, to be regulated b$'~r Legi~ture, to wit: ~<.~-~ ~'~/-
of eme~ng upon and ~in9 all and e~y part of the abow described ~remi~,.in ~ am~ ~ a m~n~ ~ they mlg ~
ha~t done had tail ~ow~r and authority not been Oi~en, until t~e same shall
a~plled to th~ purposes of Co--oreo, b~ ~ecti~9 a Dock or Docks thereon:
~slg~ sha~l ~ot ~it~in ~-- ~e~s from t~ dat~ her~of a~tuall~ a2?ro~ate ~ a221~ the abo~ d"~'
bed pr~mises to the ~u~ose~ of ~m~e, by erecting a Dock ~ Do~ki th~eon and ~lllng in t~ sa~e, th~ thee
presents and ever~ thin~ herein co~alned s~ll ae~e, dete~ine aM be~ome vold,
~e have ca. ed these o~ ~tt~rs to be made pate~, ~d the ~eat Seal of
~ll~ ~"c~ ~/~ .[~ Gove~or ~ o~ State, at o~ cit~ ~ ~an~, the
" d ~f ~/x, c.', r, ~V~-''f':~ ·
Examined trod compared with the original. ~'~//~'~
Chap, 307,
Pas*cd ,Tune ~8~
T~s P~ol~l~ ~ tM 8tM~ ~ ~mo*Yor~, repr.¢.l~d ~r ,~en.
~l. At)~al.m ( g~ Thnma~'Young ~arzillal
and smd~ nf.l~er p,ra~ n~ ~ s mw a~h nr nhnll he~eaf/e~ he
~flBO~ flt'd wJLh hnnl ~ ~tno~hnl ters~ ptl~Bnnflt lo thin
~ ~ 8ah ~ r mtn on:ahall hnw p6wot ~ innltltni~ K~d
keo1) la to ,dr t tell, whhrf, ~low I.md~d ~ Orlet]~ I~ ~l)e
~wn or ~euthohl~ And ~unty.of ~u~olk,' and
from the ~horo n,.r Imndred f, eL Infa the bay or harl)or~
with th~ prlvlh'go of extendin, g snhl wharf nay dlstnn~ '
not cxgeo tg ave hund~d fi~ t~ frnnl hlghwnter mark.
~ 3. T e e~Lldhd stack or ~atd e, mtpnny ~hall *m~i~t
fi.ir thousand dolla~s~ and he divided Into n mrea of ,..:
twel fy-five * o late earth, wi eh ahnll be d~med partial ,
p~apet{y~ and transferable In m~h maana~ as smd ¢ompa- ~ '.' ~'.~
ny nhnll, hy aw direot. , ·
~4. q. ho annnal meethlg of the said ~rpotatlon ihalla~
he'told at nuoh Lime nnd dnes ~q Um d ~rl eball t~
tlR1 als, at whleh~ not lo. than fllr~s nor more than fly, l....,i
cliff.tars . al I~ chnsrfl, wh-ate toflulred ~ he etak
on~ year et until tho next nnuual m~fln~l and guoh
dlreoto~s ~ chosen at any amtual nteotlng~ shall ~ s~n ~.~..,~' '
aa may ~ ~VOII]OII~I OhOOS~ OU~ O~ ~te~ ow~ num~r or ~ , ·
'l~.otu tho other s~okholtlers', one presldenh and ouo facto- ":". ,:
tary and treaiurer~ who shall also hold their respee~ve
~ 5. A m~or'lty of fl~e direetoi~ shall btm a board, and
bo colrll)ote~ ~ t~auaaoi ally l)usluess o~ tile Uld ~rj)ol'a-
Uon, ,.~ ·
-..r ~ O, Whoa It Il deaned neoessary by t~o ~rporatlou
.t ~e ~a~ of dlree~ra slnLIl give at least ten days ~0tl~
the~of, l~ a~y of the ~ewa[v~p~rs prlnte~ IR the ~ut~ty
of Saffolk, an~ re~ive such ftt]th~ stt~aeflptlone ~ tim
capital al tho said ~rporatloa shall dl~otl provided,
nevertheless, that t m aggregate aluount shall ~ot ex~od
six tllousaud dot]ars.
~ 7. The oo]'~oratloU BIInll JHLvo pewit to regulate the
lyl~g of vessol~ at their wharf, an~ wltbla one huudred
ployed tn receiving or discharging their eargo~ from one
place to another witldu slti(I limits. ,
P.,,~t~ ~ ~ 8, 'To proseou~ lilly person having charge eg a vessel , ·
lying within tim aborn namerl ]liults~ who shall refuse or
l~oglea/ ~ comply with the orders of the dt~eoto, or their
duly appel.ted agoll~, with regard ~ the removal of the
vessel in their charge, and on duo proof re~ver
~ziy court lit the county of Sttfr. lk, having competent
Hsd[orion, tl~o emu of twanty-fl~o dollars,
~,O. To detain any vessel refu~lng to pay wharfage and
or owners, say articles remahtlng on tlleJt wharf beyond
the time limited hy the dlreotors~ or in t~e ophdou of the
wharf master thelr remaining would damage the brhl~e,
~ 10. To .tabllsh and ~Jleet suoh'rates ofr wharJage
fol' vessels lying l)y or making ~t ~ laid wharf, and fur
parsons lan~ling ardo cs on, or taking artloles off sa d
wltarf~ a8 9}lu]l ~cem tu the directors ~ionable and Jug.
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
V~oastal Erosion Permit Application
Wetland Permit Application __
Amendment/Transfer/Extension
~/Received Application: ~. Ii ~ Ill
Received Fee:$
Completed Application
Incomplete
SEQRA Classification:
Type I Type II Unlisted
Coordination:(date sent).
LWRP Consistency Assessment Form
CAC Referral Sent:
Date of Inspection:
Receipt of CAC Report:
Lead Agency Determination:
Technical Review:
Public Healing Held:
Resolution:
Office UseOnly
Administrative Permit
APP, 1
Name of Applicant 0 ~J~bJ (
AddressI1 O I/i IJnh
Suffolk Com~ T~ Map Number:
Prope~y Lomtion: & J J 0
(provide LILCO Pole #, distance to cross streets, and location)
AGENT:
(If applicable)
Address:
Phone:
ORIENT WHARF
' COMPANY
Post Office Box 243
Orient, New York 11957
April 10, 2011
Board of Town Trustees
Town Hall Annex
P.O. Box 1179
Southold, New York 11971-0959
AP9 20]
Dear Ladies and Gentleman of the Board:
The Orient Wharf Company requests your consideration In the matter of a re-
submission of a prior permit application for the same scope of work. We also
request a waiver of all fees concerning the matter before you.
The Orient Wharf, originally built In 1838 and then incorporated in 1851 by an act
of the New York State Legislature, has been in continuous commercial operation
since that time.
We would hope that your Board will look upon our re-submission favorably and
recognize our commercial operation, its location in Orient Harbor, and its
importance to the history and fabric of Orient and Southold Town.
Respectfully yours: / . ~ . ~,
President of ~e Board of Directors Orient Wharf Company
' ' of Trustees Application
GENERAL DATA
Intended ~e ofprope~y: ~. ll~/gh ~a[~ Jk~ [
Coverts ~d Resections: Yes ~ No
If"Yes", plebe provide copy.
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
Yes ~/' No
__ No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a governmental agency?
No Yes
If yes, provide explanation:
Project Description (use attachments if necessary):
r , ivt '17' tg" om' J} x
Board of Trustees Application
WETLAND/TRUSTEE LANDS APPLICATION DATA
.Purgos. e. ofthe prooosed o_oeration0: The existing ~ ~.-,~ structure proposed to be
resurface~l w~th new tilnber ffeck~g ts-currently covered with asphalt pavement and is utilized for aH
vehicular and pedestrian access to the wharf facility. The existing asphalt pa~'rment and supporting fill
has deteriorated to a point whereas safe access is no longer provided~ a
Area of wetlands on lot:
0 square feet
Percent coverage of lot: 100 %
Closest dimmce between nearest existing structure and upland
edge ofwetlan&:: 5 feet Wetlands situated on Adjacent Property
Closet distance between nearest proposed structure and upland
edge of wetlands: 5 feet Wetlands situated on Adjacent Property
Does the project involve excavation or filling?
No XXX yes Excavation of Existing Apparent Unsoitable Fill
If yes, how much mater/al will be excavated? 31.0 cubic yards
How much material will be filled? 0.0 cubic yards
Depth of which material will be removed or deposited:
1.5 feet (Maximum Depth)
Proposed slope throughout the area of operations: No Slope Exists or Proposed
Manner in which material will be removed or deposited: Site reconnaissance activities identified that
the top 12 to 14 inches of existing fill immediately below the asphalt pavement surface consists of unclean
fill containing cement, steel, other metals and asphalt chunks. Due to the above, as part of the proposed
have all asphalt, and fill materials removed down to a level below the existing beam pockets; and then
remov, ed from thc ~tite ~d diaposed of at approved unland sit~s.
Statement of the etI~ct, ~I'any, on the wetlands an~tidal waters of the town that may result by
reason of such proposed operafion~ (use attachments if appropriate):
The removal of the unsuitable material will prevent it from causing future deterioration of the adjacent
wetlands and shoreline.
~g~ED MODIFICATIO~ TO ORIF~F !
Board of Trustees A~olic~ xon
COASTAL EROSION APPLICATION DATA
Purposes ofpropo~ activity: Re.nlae~mant of deteriorated asphalt pavem,~.-~ over flit with a new
timber deck structure
Are wetlanclz prezent within 100 feet of the propo~ed a~ivity?
No ~)0( Yes Wetlands situated on Adjacent Property
Doe~ the project involve excava~on or filling?
No XXX Yes
If Yes, how much material will be excavated? 31,0...(cubic yards)
How much material will be fill~?
,, (cubic yards)
Manner in which material will be removed or d~-posited: All asphalt and fdl materials
removed down to a level below the exisfmg b~am pockets will be removed from the site and
disposed of at approved upland sites.
Describe the nature and extent of the environmental impacts reasonably anticipated resulting
from implementation of the project as proposed. (Use attachments if necessary)
The existing asphalt pavement and supporting ifil has deteriorated to a point whereas safe
access is no longer provJde~
permanent manner. Duc to the aboves as part of the proposed timber decking work, the area
having the asphalt pavement replaced by a timber deck structure will have al1 asphalt, and
site and disposed of at approved upland sites. Approximately 31.0 cubic yards of material is
~'~ficipated"t~ be removed and disposed oi- at approval upland dksp~a-T~es. The removal of
' will prevent it from C~u$in_e future dcteriornV~on of the adjacent
wetlands and shoreline,
PROJECT ID NUMBER
617.2o SEQR
APPENDIX C
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
Orient Wharf Company Modifications to Orient Wharf
Orient, Town of Southold co,~ Suffolk
2110 Village Lane, Orient, NY 11957; 0:43 Miles south of Main Road (SR 25) at 2110 Village Lan,
within the Hamlet of Orient at Orient Harbor shoreline, Town of Southold (See Map)
5.1~ PROPOSED ACTION: [] New r~Expansion [~Modh3ca~o~lalterafion
6. DESCRIBE PROJECT BPJEFLY:
Existing asphalt vehicle and access pavingI ......... ,= w~.a~
to be replaced with a new timber deck structure as per Engineer's. The existh~g asphalt
pavement and supporting fil! has deteriorated .to a point whereas safe.~eeess is no longer
.~ as part of the proposed timber decking work, the area having the asphalt pavement
replacea Dy a timber deck structure will have aH asphalt, and fill materials removed down to a
level below the existing beam pockets; and then removed from the site and disposed of at
?.AMOUNT OF LAND AFFECTED:
~r~a,y 0.011 ac,~ Di~r~ately 0.011 oc~ Project Area is +/- 476 Square Feet
18. W1LL PROPOSED ACTION COMPL'~ VVITH EXISTING ZONING OR OTHER RESTRICTIONS?
[~ Resictential [~] Indust~a[ / ~] Comrne¢c~l [~Agriculture I~ park I Forest / Open Space i~ Other (desc~be)
Property Classification: Social Organization; Zoning District: "M-I" Marine
~'~yes, [] No . yes. ~ age,cy r~e ar~ perm~ ,, ,ppro~: NYSDEC Permit / Approval
ll. OOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[~¥es [~NO ff yes. li~t agency r~me and permll I approval:
[~,~, I--)No NOT APPLICABLE '
CERTIFY THAT THE INFORMATION PROVIDED ABOVE rS TRUE TO THE BEST OF MY KNOWLEDGE
Co..p..y
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
Town _0f Southold
Erosion, Sedimen~to~-Water Run-off ASSESSMENT FORM
PRO/'NKIy LOCATION: $.C.T.M. ~ THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A
STORM-WA¥~.~ GRADING~ DRAINAGE AND EROSION CONTROL PLAN
Oist~ct ~ection Block "' Lot (,"~ ~ ;r,=u BY A DESIGN FRGF~-~SIONAL IN THE STATE OF NEW YORK.
SCOPE OF WORK - PROPOSED CONSTRUCTION
a. What is the Total Ama of the Project Pamels?
(Include Total Area of all Parcels located within
the Scope of Work far Proposed Construction)
b. What is the Total Area of Land Cleadng (S,F. t Acres)
and/or Ground Disturbance for the proposed
constnlction activity?
PROVIDE BRIEF PROJECT DESCRIPTION
General DEC SWPPP Requirements:
Submission of a SWPPP Is requital for all Cortslruction activities invoMng sct~
disturbances of one (1) or more acres; including dlsturpances of less than one acre that
are part of a la~ger common plan that will utilmete~y dishJrb one or more acres of land;
including Construction activities involving soil dlsfofoances of leas then one (1) acre where
the DEC has deturrnined Ihal a SPDE$ pen'nit Is rsquired for storm water discharges,
( SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit
l'J-1~I # / WORKASSESSM~.d'~'F
1 Will this Project Retain All Storm-Water Run-Off
Generated by a Two (2") inch Rainfall on Site?
(Thts item will include all run-off created by site
clearing and/or constmcgon activities as well as all --
Site Improvements and the permanent creation of
impervious sudaces.)
2 Does the Site Plan and/or Survey Show Ail Proposed
Drainage Structures Indicating Size & Location? This
Item shall include all Proposed Grade Changes and
Slopes Controlting Surface Water Flow.
3 Does the Site Plan and/or Survey describe the erosion
and seqtment control practices that will be used to
U
control site erosion and storm water discharges. This
item must be maintained throughout the Entire
Construction Period.
4 Will this Project Require any Land Filling. Grading or
Excavation where there is a change to the Natural r'~
Existing Grade Involvfng more than 200 Cubic Yards
of Matedal within any Parcel?
5 Will this ApplicaUon Require Land Disturbing Activities
Encompassing an Area in Excess of Five Thousand
(5,000 S.F.) Square Feet of Ground Surface?
6 is there a Natural Water Course Running through the
Site? Is this Project within the Trustees jurisdiction
or within One Hundred (100') feet of a Wetland or
Beach?
7 Will them be Site preparation on Existing Grade Slopes
which Exceed Fifteen (15) feet of Vedical Rise to
One Hundred (100') of Horizontal Distance?
8 Will Driveways, Parldng Areas or other Impervious
Surfaces be Sloped to Direct Storm-Water Run-Off
into and/or in the direction of a Town right-of-wa.y?
9 Will this Project Require the Placament of Material,
Removal of Vegetation andlor the Constmctlee of any
item Within the Town Right-of-Way or Road Shoulder
STAqlg OF NEW YORK,
COUNTY OF ........................................... SS
That I .................................................... being du y swbm, deposes and says that he/she is the applicant for Permit,
Name o ndNIdua s~gn ~1Documen0
And that he/she is the
............................................ ~';;:'~'r:~:'~;~;:;t[:j ................................................................
Owner and/or representative of the Owner or Owners, and is duly authorized to perform or have performed the said work and to
make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and
that the work will be performed in the manner set forth in the application fried herewith.
Sworn to before me this;
............................................... day of ............................................ ,20 .....
Notary Public: ..........................................................................................
(Signature of Applicant)
FORM - 06/10
of Trustees Application ~
County of Suffolk
State of New York
BEING DULY SWOPS
DEPOSES AND AFFIRMS THAT fiE/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
REPRESENTATWES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.
SWORN TO BEFORE ME THIS //
DAY OF /0jT/'d// ,20 ] [
/
tary Public
LAUREN M STANDISH
Notary .P. ublic, S~te of New York
~o. 018T6164008
Qualified in Suffolk County
Commission Expires April 9, 20/~_.~
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 Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a detemtinatlon 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 si..t, nificant
beneficial and adverse erie. ets 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, listin~ both suooortin~ and non-
suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold ' s
website (southoldtown.northfork.ne0, the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
The Application has been submitted to (check appropriate response):
Town Board ~ Planning Board ~ Building Dept. [-~ Board of Trustees [~
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
t, ff O D IFICA TION$ TO Ol~ nrF I
Location of action: 2110 Village Lane, Orient, NY 11957
Site acreage: 0.011 Acres (Project Area is +/- 476 Square Feet)
Present land use: Wharf & Marina Facility (No Change in Intended Use)
Present ' . Pl~pe.rty Classification: Social Organization; Zoning District: ~'M-I" Marine
zomo_g
If an application for the proposed action has been fi]ed with the Tows of Southold agency, the following
(a) lqamc of applicant: Orient Wharf Company
2110 Village Lane, Orient, NY 11957
(b) Marling addr~:
(c) Telephone number: Area Code (). (631) 323-2580
(d) Application number, if any:.
Will the action be dimly undertaken, require funding, or approval by a state or fedcu~l agency?.
Yes[-~ No[~] lfyes, which state or federal agency?. NYSDEC
C. Evaluate the project to the foBowing 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 wffi require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
crilerla.
[~]Yes [] No [~] Not Applicable
It is believed by th'e Orient Wharf Company and its consultants that the section of the W 14
structure with ~! (an approximate 17' 0" portion) that connects the main wbarf structure to the
shoreline requires rehabilitation and no longer provides safe access to the wharf facility. Instead of
simply replacinR the existing structure in kind, the Orient Wharf Company and its consultants
recommends the replacement of the current method of access (asphalt pavement over t-dO with a new
timber deck structure which connect into existing beam pockets from the original bridge structure.
AUach additional shee~ ff nece~ary
Policy 2. Protect and preserve historic and archaeological r~ources of the Town of Southold. See
LWRP Seclion Ill - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No [~ Not Applicable
~Ol'l~I~ MO~IFIC~ TIOI~S TO
The ~fion of the p~p~ ~ha~ m~W~bs ~hcide with ,be l~fion of ~e o~al
for the. ~r b~ie s~e at ~O~nt ~a~, tbe~by ~ph~ the o~al whn~
Attach additional shee~ Jf necessary
Polity 3.- Enhance visual quality a~d protect scenic resources througho-t the Town of Southold. See
LWRP Section 1II - Policies Pages 6 through 7 for evaluation criteria
~ Yes ~'~ No ~'] Not Applicable The location of the proposed wharf modifications coincide
............ '"' ;v .............. ~n ;. ....
Oehevefi by the Orient V~har/Compnny ann its consuttanu mat the p~ace~nent o! t~ new timber .....
deck Stru~' will greatly ~nhauee the visual and ~enic vistas in the immediate harbor M'~a ,nd
will also visually replicate the original wharf .configuration .and timber bridl~e fcatures~ therefore
hLqto~e~! nsneet~ flf f)rle~t V~har4' are. l~ln~ r~4~tor~d and c~nhnne~d.
Attach ~!~o~al slicers ff ntcz~smy
NATURAL COASTPOLICIES
Policy 4. Minimize loss of llfe, struc~res, and na~ral resources from flooding :md erosion. See LV~'RP
Section I~ - Poticies Pages 8 through 16 for evaluation criteria
~-~ Yes [] No [] Not,,kpplieable The section of Ibc wooden bulkhead structure with fill that
coonecU/he main wbaFf stroc~re to the shoreline has been experiencing severe ero~Son of the fill below the
--aspbah Favemem and nO Jon~eF pr~v~dm sa/e ncce~ Io the wban iacunY. ]nsle~6 o~ simpby rephcmg'Tbe
Aah.., ~umoum sheets it necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LW'RP Section Ell
- Policies Pages 16 through 21 for evaluation criteria
y. [-] otA cable
The intent of the tim.her deck structure is to provide immediate and long-term safe access for vehicles
and pedestrians to the Orient Wh,rf Facifity;': - ---'~ ....
p-~ ..... ' be deck coMiuued~safe
cement of the new tim r strum'ute a[l-o~va. ~aceess to onem wnnr~ ann au~w~
the entire wharf facility to be addressed as a unit in its future p~rmit submittals identified below.
At~h nddftiona} sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and WiMlife Habitats and wetlands. See LWRP Section Ill -.Policies; Pages 22
through 32 for evaluation criteria.
~ MODIFICATIONS TO
Yes blo No, _ ~pplicable
The Orient Wharf Company will be submitting in the near future, separate projects to modify their
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section EEl - Policies
Pages 32 through 34 for evaluation criteria.
Yes [] no no, App, icable
Not Applicable to PropOsed Pro~iect
A~ach additional sheets ifn~c~sary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria.
~ Yes ~-~ No ~ blot Applicable
Not Applicable to Proposed Project
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lauds, and public
resources of the Town of SOuthold. See LWRP Section 111 - Policies; Pages 38 through 46 for evaluation
criteria.
[] Ye.~] NO [] NOt Applicable
The pier which extends into the harbor dates back tothe 1800s. The site is owned by the Orient Wharf
Company, a local for profit enterprise. Orient Wharf is an active shipping pier, harbor and moori~-g
facility on the north-eastera shoreline of Orient Harbor accessible off of Village Lane in Orient
__XhO_ugh private.h, owned~ the wharf provides Orient residents access to Orient Harbor and adjace~,t
Attach addiliona} 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 jSound, the Peconic
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
[~ Yes [] No ~ Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
~ Yes [] No ['~Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section IH - Policies; Pages 65 through 68 for evaluation criteria.
N Yes [] No ~/Not Applicable
P~PA~DBY
DATE