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Home My WebLink AboutTR-7541 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino 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 # 0738C Date April 11, 2012 THIS CERTIFIES that the 4'X 98' fixed catwalk with 4'X 24' seasonal ramp onto a 2'X 4' access platform to two 5'X 24' seasonal floating docks secured in-place by 4-8" dia. anchor pilings; and a 4' wide access pathway to the new dock area At 8070 Narrow River Rd., Orient Suffolk County Tax Map #18-6-18.1 Conforms to the application for Trustees Permit heretofore filed in this office Dated 2/23/11 pursuant to which Trustees Wetland Permit #7541dated 4/20/11 was issued and conforms to all of the requirements and Conditions of the applicable provisions of law. The project for which this certificate is being issued is for A 4'X 98' fixed catwalk with 4'X 24' seasonal ramp onto a 2'X 4' access platform to two 5'X 24' seasonal floating docks secured in-place by 4-8" dia. anchor pilings; and a 4' wide access pathway to the new dock area. The certificate is issued to SOUTH BROWN LIMITED LIABILITY CO. owners of the Aforesaid property. Au or'~ed Signatur '~ James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ½ constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: , COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 April 4, 2012 Southold Town Trustees PO Box 1179 Southold, NY 11971 RE: South Brown Limited Liability Co. 8070 Narrow River Road, Orient Dear Trustees: Enclosed is a copy of the as built dock plan dated April 3, 2012. If any additional information is needed regarding this project, please do not hesitate to contact me. Sincerely, Permit Manager enclosure 0 / ) ~0 C K Z~T~// o Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 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 1 st day of construction % constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7541 DATE: APRIL 20n 2011 ISSUED TO: SOUTH BROWN LIMITED LIABILITY cO. PROPERTY ADDRESS: 8070 NARROW RIVER ROAD~ ORIENT SCTM# 18-6-18.1 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 April 20, 2011, and in consideration of application fee in the sum of $250.00 paid by South Brown I .imited Liability Co. and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trust~es authorizes and permits the following: Wetland Permit to construct a 4'x107' fixed catwalk with a 4'x15' seasonal ramp onto a 2'x4' access platform with two 5'x24' seasonal floating docks secured by four (4) 8" diameter anchor pilings; with the condition that there be no further expansion of the docking facility, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated May 16, 2011, and stamp ~e0!/~ approved on June 3, 2011. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its CorporateSeal 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 South Brown Limited Liability Co..residine at 8070 Narrow River Road. Orient, New York 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 Sonthold 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 Southuld. 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 previsions 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 canse unreasonable obstruction to free navigation, the said Permittec will be required, upon due notice, to remove or alter this work project here'm stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion oftbe work authorized. That the Permittec 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 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 20, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane Costello Costello Marine Contracting Corp. P.O. Box 2124 Greenport, NY 11944 RE: SOUTH BROWN LIMITED LIABILITY CO. 8070 NARROW RIVER ROAD, ORIENT SCTM# 18-6-18.1 Dear Ms. Costello: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, April 20, 2011 regarding the above matter: WHEREAS, Costello Madne Contracting Corp., on behalf of SOUTH BROWN LIMITED LIABILITY CO. applied to the $outhold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated February 23, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 & 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: decrease the floating docks, and no further expansion of the docking facility, and WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on April 20, 2011, 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 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of SOUTH BROWN LIMITED LIABILITY CO, to construct a 4'x107' fixed catwalk with a 4'x15' seasonal ramp onto a 2'x4' access platform with two 5'x24' seasonal floating docks secured by four (4) 8" diameter anchor pilings; with the condition that there be no further expansion of the docking facility, and as depicted on the site plan prepared by Costello Madne Contracting Corp., last dated May 16, 2011, and stamped approved on June 3, 2011. 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: $1,886.00 Very truly yours, Jill M. Doherty ~ President, Board of Trustees JMD/eac Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Route 25, P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: SOUTH BROWN LIMITED LIABILITY CO. Please be advised that your application dated February 23, 2011 has been reviewed by this Board at the regular meeting of April 20, 2011 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) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) XX Final Inspection Fee ($50.00) XX 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: Final Inspection Fee = $50.00 Fixed Dock = 4'x76' = 304sq.ft. x $3.00 = $912.00 Access Platform = 2'x4' = 8sq.ft. x $3.00 = $24.00 Seasonal Ramp = 4'x15' = 60sq.ft. x $3.00 = $180.00 Seasonal Floating Dock #1 = 5'x24' = 120sq.ft. x $3.00 = $360.00 Seasonal Floating Dock #2 = 5'x24' = 120sq.ft. x $3.00 = $360.00 BY: Jill M. Doherty, President Board of Trustees April 16, 20111 Board of Trustees Town of Southold Town Hall Annex Building 54375 Route 25/P.0. Box 1179 Southold NY 11971 To The Board of Trustees: We are writing this letter to you in support of the Tuthill family dock project on Narrow River Road. We know the Tuthill family worked closely with the state on the conservation effort along Narrow River Road, Orient in 1989 along with our families. The Tuthill family has been good stewards of the land in Orient since the 1640's. We are aware of the agreement made between the state and the family in 1989 to allow them a dock that would accommodate their large family. Once again as neighbors and landowners.in Orient, we support this dock project. James & Patricia Latham Peters Neck Road Orient, NY 11957 Daniel & Patricia Latham Youngs Road Orient, NY 11957 OYSTERPONDS ROD & GUN CLUB INC. P.O. BOX 442 ORIENT, NY 11957 April 16, 20111 Board of Trustees Town of Southold Town Hall Annex Building 54375 Route 25/P.0. Box 1179 Southold NY 11971 To The Board of Trustees: I am writing this letter to you in support of the Tuthill family dock project on Narrow River Road. As President of the Oysterponds Rod and Gun Club, I'd like to take this opportunity to support the TuthiB family as they have supported the Rod and Gun club by allowing the club to use their land for the last 50 years. We are aware of the state negotiations of the wetlands with the Tuthill, Latham and other Orient families back in 1980's. The Oysterponds Rod and Gun Club supports their dock project knowing that the Tuthill family has always been good stewards of the land and has been interested in land conservation. Thank you for your consideration. Edmund White President, Oysterponds Rod and Gun Club April 18, 20111 Board of Trustees Town of Southold Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 APR 1 9 2011 To The Board of Trustees: We are writing to you in support of the Tuthill request to place a dock on Narrow River Road. We feel a reasonably sized non-commercial dock project, in keeping with the Trustees' judgment, is appropriate for this area. As their nearest private neighbor we endorse an appropriately sized project as they have always been good stewards of the land. Thank you for your consideration. Sincerely, Fred and Maureen Dacimo Narrow River Road Marina 5520 Narrow River Road Orient, N.Y. 11957 OYSTERPONDS ROD & GUN CLUB INC. P.O. BOX 442 ORIENT, NY 11957 April 16, 20111 Board of Trustees Town of Southold Town Hall Annex Building 54375 Route 2S/P.O. Box 1179 Southold NY 11971 To The Board of Trustees: I am writing this letter to you in support of the Tuthill family dock project on Narrow River Road. As President of the Oysterponds Rod and Gun Club, l'd like to take this opportunity to support the Tuthill family as they have supported the Rod and Gun club by allowing the club to use their land for the last 50 years. We are aware of the state negotiations of the wetlands with the Tuthill, Latham and other Orient families back in 1980's. The Oysterponds Rod and Gun Club supports their dock project knowing that the Tuthill family has always been good stewards of the land and has been interested in land conservation. Thank you for your consideration. Since~ly, _ ,- a Edmund White President, Oysterponds Rod and Gun Club April 16, 20111 Board of Trustees Town of Southold Town Hall Annex Building 54375 Route 25/P.O. Box 1179 Southold NY 11971 ] ~ 2O]] To The Board of Trustees: We are writing this letter to you in support of the Tuthill family dock project on Narrow River Road. We know the Tuthill family worked closely with the state on the conservation effort along Narrow River Road, Orient in 1989 along with our families. The Tuthill family has been good stewards of the land in Orient since the 1640's. We are aware of the agreement made between the state and the family in 1989 to allow them a dock that would accommodate their large family. Once again as neighbors and landowners in Orient, we support this dock project. James & Patricia Latham Peters Neck Road Daniel & Patricia Latham Youngs Road Orient, NY 11957 Orient, NY 11957 P.O. Box 473 Orient, New York 11957 March 23, 2011 To: Southold Town Trustees Re: South Brown Limited Liability Company application, Narrow River Road Dear Trustees, Given the Conseotation Advisory Council's resolution to ~xot support this application because it is inconsistent with the wetlands code, and the fact that there is as yet no determination by the NYSDOT, NYSDO$, and the Army Corps of Engineers, and given that Narrow River Road is a sensitive environment as well as a significant beauty spot or "sacred place" for local r~idents, I respectfully encoun~ge you to drier a decision until responses have been received from the other agencies involved. I also urge you to determine what uses are expected of these docks, what kinds of boats w'fll be involved, and whether there is any dr~dgi~g anticipated for their use, which obviously would raise more significant anv'n'onmental issues. 'J{'i~0k you, Fredriea Wachsberger President-emerita, Oriem Association MAR 2 3 2011 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: FROM: DATE: RE: Jill Doherty, President Board of Trustees Lori M. Hulse April 14, 2011 South Brown LLC c/o Reginald Tuthill application The history of this application is as follows: In 1989 the Tuthills transferred property to the DEC for a sum of $638,000.00 and contingent upon receiving all necessary permits for a 4' x 110' catwalk, 4' x 10' ramp and (3) 8' x 30' floats. The Tuthills acquired both DEC and Trustee permits for same, with the approval by the Trustees allowing one float instead of three. The transfer was completed. In 1990, the Tuthills applied for and were granted by the Trustees an amendment to the permit. The approval was for a 4' x 20' catwalk, 2 ½' x 8' ramp and (1) 6' x 40' float. Upon inspection of the site, the structures presently in existence do not match the 1990 permit issued by this board. The board is now has before it a new application for the same size structures as the original 1989 permit. There is no current valid permit. The trustees may proceed with the application as the current code provides. Cc: Members of the Board of Trustees LAND PURCHASE AGREEMENT APR - 4 2011. '. ~,o~t Long Besch Bsy/ Netlsnd: Q~T.~NL - Suffolk ]3.]6 19.5775 Ac. Under this ^G,R£EMEh'T, made on this / ~/~ . whose post office 8ddSess iS '~ ~ ~ and the S~te of ~ew Yopk ZipC~e 119~7 , hereinaf~r described as OWNER(EL an~ THE PEOPLE OF THE STATE OF NEW YORK, hereinafter described as PURCHASER. Sy THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. and ~ursuant ~ the provisions of .~ f . :~der wNch this purchase is being made, hereby AOR~ to the foUowln8 ~rm~ and Con'clone: WHEREAS, the O~'ner(s) claim(s) " h to o~m the lend hereinafter described and ~shes ~ sell and convey the same to the : ,:re, aser. end desires the Purchaser ~ sec~e and m~e an exa~nation of the title to said land; and WHE'REAS. ~he ~rchas~ des~es ~ s~ure fi:lc ~ said land. but before doing so. it w~ be necessa~, that the ~rchaser ~:am~e th~ ~Ce ~ s~d l~d and s~e the approval of title thereto by the At~mey Genera~ NOW THEREFORE. ' ~ fs)~s~ndconvey~tothe~rc~.., t ..... a?s,here~af~con~nedonthen~of,~. ' ~ ~ " .... k ' :, s~p~ ~ . . ...... . .. .... '~ , ~n~ of pub~ ~d~ d~ t~ephone,'tele~aph ~d --.., ~or tae cons~cfion, op~-atibn ~d co~raao~ or the Nght 6f o:hea ~ ~ . pips ~es. or r~ ~d - - '- s~ ~ and i$ hereby f~ed and de~n~ at the sum ~ ~5:hou% ina~sa moving ~enses, suppJement~ relo~tion ba3~en:s' and inddez~ :- -,S.S..':# · '.,: · , [L.S.I ~ Ownct..' , · THE PEOPL~ OPTH~'STATE Or NEW YORK ........ · ' A~d~ bT. ~8'~ou~h ~he..,.:..., ..... Departmen~ of ~nvlronman~l Censer,alien 'By One's . de),of I , , . . · r , ! g ~ before me; the subee.qbe~ personally came John B. Tuthill Attorney-in-~act for Lyle B. Tuthill , . · . .' =e Lmown ~tnd ~o~ ~ me ~ be ~,e ~du~(~) ~ ~ a~ Who ~d ~t fo~o~ tr~u t ~ "O~mer," ~nd h~;she duly a~mowle~ged ~et h~tshe ~e~ ~e ~-- ' ' ~ATEOFN~WYOP. K[ss.:a . .- .. .... ~u=~' oI Suffo1 k J On '-'- :.Ls day of NOTA~,¥ PU-~LIC STATE OF NSW YORK ....... ='"'- -. , Ig - ' ~ b~ore m'e. the r=bJ:.'~oc l:eriondl¥ came NOTARY PUBLIC STATE OF NEW ,YOPZ~ - Ruth Tuthill ~Hchard !vn~h ' r . C~z: hr;she ~:e~d th~ foregoing' on behelf, of the New York SMtI p~znt :o ~utho~:y %f !aw duly dele~ced. Y~ Lhe S'-~ LAND CONTR.:,CT NO. For ;he Attorney General 10. The Owner agrees to make all,applications for . permits necessary to the construction of a wooden Walkway aqd five (5) attached floating dock systems on and ~ppurtenaDt to .the lands reserved from Parcel Q-TWL Suffolk 13.16 A, below described, withll% thirty (30) · , days of the date of this Agreement. This conveyance shall be contingent upon the Owner's receipt of all said permits. The Purchaser'agrees to assist the Owner in any way it is able to in regard to the permit ~pplic.ati0ns. ~ee Rider.. 11. If necessary to the conveyance, the .Owner agrees to provide notice'of canc~llation and notice of propo.sed sale as the.s, ame are rg~uired by the terms of a Grant of Scenic and Con~ervatio~. Easement to ~he Town of Southold, dated May 30~ !9?3.and recorded 'in the OffiCe of the suffolk County ~lerk.in Liber 7416 of Deeds at Page 386. S%ch notices will be provided not later than ' thE'date of.the Ol~%er*s receipt o~,the ,above-no,ed. 12. Th~Pur~haser agrees to pay i~teras: to the Ow~e= on the purchase.price of $638,000.00 at the rate of nine (9%) parc.ant per ~n~tlm for tt~e date of. reco~din~ and indexing of the deed~ to and - includin~ the'date that the s~m of $638 000 00.is paid to ~he Owner. Ail covenants of this agreement shall.apply,.'in case.of appropriatl°n~i.lwi~h'rmsPeot bb d~sp0sttton of objections, to title, as that.t~tle.a~.thOSe'O~jec~ons ~a found by ~hgl. Attorney O~nera! ~0 hava.exi~ted, at the rime'of appropr%ation. This agreement con. sisting of 6 plus Rider pages is 'exeCuted in triplicate; both parties and the Coml~troller have. ohm and each is an original for all purposes. I~ is further mutually ttnderstood and agreed '~hat ]this agreement is to apply to a~d bind the heirs, devisee~/ grantees, executors, administrators, and successors, and assigns of The land hereby contracted to be sold by the o~=er(s to the Purchaser is described as follows: 3 ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS of land situate, lying and being at Orient, Town of Southold, County of suffolk, state of New York, being and intended Go be a part of the lands described in a deed dated NoVember 26, 1976 and recorded in the off/ce'of the,Suffolk County clerk in Lib.er 8151 of Deeds at Page 9%, and also described'in a deed dated December 12, 1986 and rec'orded in the Office of the Suffolk County Clerk in Liber 10219 of Deeds at Page 56?, as the same are more Particularly herein described: Parcel Q-TWL suffolk 13.16 A - BEGINNING at a ~oint formed by the interseCtion'of the' eaqterly line of.Narrow River Road With the northeasterly llne of the land of the Town o~.Southold, the coordinate in the New York state Plane Coordinate 'Syste~, Long Island Zone being N. 338,407.60, E. 2,472,799.28/ and runnl.n~ thence from said point of beglrmihg nor=heriy'&long the eas%erly line of Narrow River Road the following courses a/~d distaJ=ces: 1. N. 23° 59' 29" E. 2. 'N: 70 29' 29" ~. 3', N.'26° 39' 29" E. ~. N. 340.48, 36" E. ~ 289..03 feet,. .. 1,451.84 feet, '188.17 feet, 12.31-feet to :ha'land of Z~ward W: La,ham;' thence S. 72Q 5~, 31" Z. along the ~and of E~Ward W. Lath~am 9'.10 feet to ~he g~eral 1/~e of mean h~gh water of Hailock Ba~ as.cf ~ebr~ary 2~, 1988: thence generally· sou'.hmrly along r. he mea~'fuigh water 1/~:e of Hallo~k Ba~ (Narrow River) to the ,land of Tow~ of Southold, a'tie 11ne along the mean high water.lig~ of Hallock Bay (Narrow River} ha~i~g the foil.owing.courSes'and d/stances':', ' . ' 1. S. 200 33' 22" E. 2. ~. 8° 55" '50'/ Z. 3. S. 2~o 03~ 13" W, ~. s. ~ 5¢' 3~" W, 5. S. 320 ~2' 0S" W. 6. S. ~11~ 18' 7~ S. 12~ !9' 8. S. 9.~ 31' 41" W0 9. $. 55: 45' 45" W. 2!0,09. feet, 70.86. feet', 200,36 feet, 150~08 feet, 277.92 feet, 203,96 feet~ 1~?,32 feet., J712, 83 feet, 60.01 feet; =~' !!" W. along =he land of the Town cf s?c=ho!d 110.20 ieee to the pol/~t or place ofheginning, RESERVinG therefrom a portion of the southerly end of the above describ~d parcel, bounded and described as follows: BEGINNING ate point formed by the intersection of the easterly 'line of Narrow River ROad, with the northeasterly line of the l~nd of,the Town of southold. Said.point having the coordinates N. 338,407.60, E. 2,472,799.28 in the N.Y.S. Plane coordina%~ System, Long Island Zone. Running thence along the eas'terly line of Narrow RiVer RoadN 23o 59' 29 E, 250.00 ft. to I~ ~oint; thence s 48o 57' 11" E, 80~ ft. to the general line of mean high water of Hallock Bay (Narrow River); thence ~outherly,' along the mean hig~'wate~ line.'o~.Hellock Bay,.ko ~he 1And of the Town of So~thold'; thence albng s~id land, N 48o 57i-'~'-,~ piece of b~glnning,. Containing ~cres more or less. Said parcel !3.:16A'~a.ving ai~Uffolk County Tax Map desi~a~ion: Dis=] 1000, Sect. 018, Blk. 06, P/Q LOt'018. Parcel Q - ~,"L Su~~olk 13.t6 B - .-~-EGIh,~ING at a Point on the Road, said'point having the coord~a~tes of N. 338,962.83 ~d E. 2,472,905.1~:~ ~e New York Statm Plum' ~oor~ate system, Lohg isled Zone, ~d being dist~t the following two courses ~s.t~ces, ~"mea~ed a!on~ :he wesfarlF l~m ~f Na~ow ~o~, 'from ~' ~me ~k~ ~e ~Visio= l~e of 1~ of ~ F~ on ~a sou~'.'~d 1~ of Lyla ~ a au~ a ~1 on the'no~. (1) N, 23e 59~ 29" E. 266.66 fee=, (2) N. 7~ 29' 29" E'.~ 280 .~eet, R~nning thence from sald'.poln= of Begi~g, t~9~.gh l~d of LYle Tuthill ~ au=h a Reginald Tuthl!l,.tHe' fo%lowing.three co~r'~es a~d dist~ces:. (1),N. 560 59° 29' 51" E. 64.~1' f'ee= to land of the Es~a~e of ~elia, sledJeskl; rJnnlng thence ~long land of the Es=ate of ~eiia SledJeski the follgwi~~ four courses and dis~ances; (.1) ~2% 2'i' 49,, E. 419.37 fee~ (2J N,' ~3= 08' 39" E, 9~,85 ,feet (3)N~ 52, 39".E. 2;7.18 fe~t (~) N. 40~ 39*'29" E. 298.00' of the estate o~.Geor~e L. Ru~n~g there ~0u; l~d Of =he estate of G~O~.'L. '~o~ S. 72~ 58' 3~- E. 220.11 f~t to a ~o~t On the northwest~ly.l~e of N~ow ~v~ Road. R~ ~ce ~ong the ~hwesterly wes=~!i !~e of Narrow P. iver Road. S. 26~ ~, 29" w. 200.00 fee= '' ' " ' .... ~= f=== ~: the R:~= or ~!a:~ :f westerly !in~ of Narrow'River . _ 5 Containing 16.0523 acres ~o~e or les's. All 'as shown on a certain map entitled "Map of Lands to be Acquired'Pursuant to ~ectton 3-0305 Of the Environmental Conservation L~W, Project Q-TW~ SUffolk 13i Long Beach Bay Tidal Wetlands{, situate at orient, ToW~ of Southold, county of suffolk, state of New York, dated.11/2~/8~ b~ HoWard w. Young, licensed land surveyor, N.Y. Reg. No. 4~3 a~d filedin the office of the Department.of Environme~tal Co~s~fYation at Albany, New York as. Map No. 10646~ Sheet No. l&3'~f i~ cO~y attached. Together with'&11 right, title aha interest of the owner'in and to all ponds,.streams, roads a~d'high~ays, 'and the land within the beds of all ponds, st~%~s~ =0ads and'highways, abutting, ad~oining or'.~aversi~.the above d~ssribed premises. Excluding the rtg~ts, if any~ o~ ~th~rs than the owner in and to all pondsf bays, streams~ =0ads' and highways abutting, ad~oin~ng or ~ravers!ng'~e ~boVe d~rthed premises; also excluding a11publicu%ili=y e&se~n=s,, tran~mlasi, on'and, telephone 'lines-affecting the ab0¥%, described premises.' subJect:~.o ~he state of faOts ah0w~ on a map or maps prepared by prepared for'~he State of Ne~ Yo~k, D%~tme~ Of Environ~ent&l. to section 3-0~05 of ~ ~io~t~ co~e~a~on law - Pro~ec=: in Orient. .f 10. 11. The Owner agrees to make all,applications for permits necessary to the construction of a wooden Walkway a~d five (5) attached floating dock systems on and ~ppurtenant to.the lands reserved from Parcel Q-TWL Suffolk 13.16 A, below described, within thirty (30) days of the date of this Agreement. This conveyance shall be contingent upon the Owner's receipt of all said permits. The Purchaser agrees to assist the Owner in any way it is able to in regard to the permit ~pplic.ati0ns. ~ee Rider. If necessary to the conveyance, the Owner agrees to P ~ notice'of canc~llation and notice of proposed sale as the s.ame are required by the terms of a Grant of Scenic and.Con'servation Easement to the Town of ,Scuthold, dated May 30, 1973.and recqrded in the Office of the Suffolk County Clerk in Liber 7416 cf Deeds at Page 3@S. SUch notices will be provided not later than thA' date of ,the Owner's receipt of the .above-ho.ted permi.tg. 12. Th~Purchaser agrees to pay i~teres% to the Owner on the purchase price of $638,000.00 at the rate of nine (9%) percent per auntun for t. be ~eriod beg~ing 30 ~ays after date of .reco~ding a~d ind~w~g of the deed; to and including the'date that the sum of $638,000.00 is paid to the owner. Ail covenants of this agreement shall.apply, in case.of appropriation~ with respect bb d'isposition of objections to title, as that title aid those o~Jections are found by th9' Attorney General to have.existed at the time of appropriation. This agreement con. slating of 6 plus Rider pages is 'executed in triplicate; both parties and the Coml~troller have. on~ and each Rider t'o Land Purchase Agreement between New York State Department of Environmental Conservation, Lyle B~ T~th~ill., John B: Tuthill, Reginald.~'uthill and Ruth Tuthill Dated': ?s~) .. /~s~ , 1989 1. (Modification of paragraph "1" of Land Purchase Agreement) - Anything to the contrary contained in paragraph "1" of the Land Purchase Agfeement notwithstanding, it is agreed that owners shall give and purchaser shall accept ~fee Simple title to the property subject only to the exceptions set forth on page "5" of this Agreement. 2. (~4odification of paragraph ,8" of Land'Purchase Agreement) - Anything to the contrary contained in paragrap~ "8" of. the Land Purchase Agreement notwitbstand%ng, it is understood that owners g.rant no easements, licenses or other rights to use property of owners either abutting or within the vicinity of the lands described, in this agreement. Purchaser's s~le access to the lands described, in this agreement shall be over Narrow River Road and Hallock's Bay. , 3. (Modification of paragraph "9" of Land P6rchase A~reement) Anything-to the contrary ~contained in paragraph "9" of the Land Purchase Agreement notwithstanding, it is understood that the terms of paragraph."9" which convert this agreement to "an agreement of adjustment' 'shall not be applicable until owners have obtained.the permits.~escribed--~_~ paragraph "10~ of this agreement as said.paragraph "10" is modified pursuant ~o the ~erms of this Rider. I5 the event purchaser appropriates t.he land prior to the owners Obtaining the permits'meferred to i~n said p~racraDh - o .... d. Owners reserve the right to file a claim'in'. condemnation seeking~ as an award, the fair market value of .the severance damages suffered by adjacent property'owned by owners as a result of the failure to obtain the wooden walkway and attached floating dock system as contemplated ~by said paragraph 4. (Modification of paragraph "t0' of ~and ~urchase Agreement) - O~ners shall diligently process all apD!ica~io~s requ'ired pursuant ~o paragraph '10", and shall exhaust all' remedies in obtaining such permits. Anything to the coatra~--y notwithstanding, however, owners have the right to waive the contingency created by said paragraph It is understood that the woo~en'walkway a~d"at.tached floating dock as desc{ibed i~ paragraph "10" are permitted activities under the r~gulations adopted by the New York State Department of Environmental Conservation in 6 N.Y.C.R.R. Part 661. Owners agree that the wooden walkway and attached floating dock referred to in paragraph "10" shall be designed so as to conform to the requirements for such struct, ures contained'in 6 N.Y.C.R.R. Part 661. The term "permits" as used iniparagraph "10"' as modified by this Rider, shall mean a final'approval .issued by the agencies involved. "Final approval? shall only occur after the time to legally contest such permits has expired. In the event any action or proceeding is brough~ to contest such permits, final app{'oval shall be deemed to occur when there are no further appea~s' from such permits and 'th'e time in which tq-seek such appeals has' expired. owners, subject ogly..to Purchase Agreemgnt. 5. Any r~ference in the Land Purchase Agreement to the "approval of t~tle" by. the Attorney General shall not be deemed to give said Attorney General discretion in issuing such approva-1. It is agreed that the Attorney General's approval of title'shall be limited to determining.that title is in fee simple in the the exceptions set forth i.n the Land PERMIT Under the Environmental Conse~vatlon Law Arlicle 15. Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides · Article 15. Title 5: Protection of Water I Article 15, Title 15: ~ Water Supply --I Adicle 15, Title 15: i Water Transl:~ort j Article 15. Title 15: ____ Long island Wells Article 15, Title 27: Wild, Scanic and Rocreational Rivers 6NYCRR 608: Water Quality Certification -- Article 17, Titles 7, 8: __ SPDES -- Article 19: Air Pollution Control* -- Article 23, Title 27: __ Mined Land Reclamation -- Article 24: __ Freshwater Wetlands ~ N--New, R--Renewal, M--ModificaUon, C--Construct ('oniy), O--Operaie ('only) "~FECTIVE DATE 5/3/89 EXPIRATION DATE(s) -'~,/30/91 Article 25: . Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Management' -- Article 27, .Title 9; 6NYCRR 373: __ Hazardous Waste Management I Article 34: Coastal Erosion Management_ Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation r.~ t ~ PERMIT ISSUED TO John .B. Tuthill Main Rd., Orient, N~f 11957 ACENT FOR PERMITTEEICONTACT PERSON J.M.O.Consulting/Glenn E. Just NAME AND ADDRESS OF PROJECT/FACILITY (If different from Permitt~) Narrow River Rd., Hallock Bay LOCATION OF PROJECT/FACILiTY COUNTY TOWNICl~tViJt'~lJ~ Orient Suffolk Southold JUTM COORDINATES DESCRIPTION OF AUTHORIZED ACTIVITY Construct 4'xllO' timber catWal'~ (elevated 4'), 4'xlO' ramp and (3) 8'x30' floats. GENERAL CONDITIONS By acceptance of this permit; the permittee a~rees that the permit is contingent upon strict compli- PERMIT ISSUANCE DATE PERMITt' ADMINISTRATOR' ~ ~ ADDRESS '~dg. 40, S~,~. 219 cc: B~P ~ SCALE ,5O I00 1. Town. of .Southold 2. N/F .Tuthlll pplicant proposes to construct a 4' x 110' timber ..' ramp and%h¢~-8' x 3n, ..... h), 4 'x 10' '.':'/ catwalk(elevated 4' O~er existing mars v ~ua~s a~ Hallock Bay, Orient, Town.of Southold, County of Suffolk Ne Applicant: John B. T .... ' w York.. ~' · u~nlll . ... , Purpose. Private Docking . Datum. Mean Low Water, ,LOCUs: 72 17'/ 41 08' · , ' ' SHES' I" 2 Suffolk County SC~ Propos.=d elevated Proposed ramp Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1 I79 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., March 16, 2011, the following recommendation was made: Moved by Audrey Horton, seconded by Meaghan Burke, it was RESOLVED to NOT SUPPORT the Wetland Permit application of SOUTH BROWN LIMITED LIABILITY CO. to construct a 4'X 110' fixed catwalk with a 4'X 10' seasonal ramp onto three (3) 8'X 30' seasonal floating docks secured by 6-8" dia. anchor pilings. Located: 8070 Narrow River Rd., Orient. SCTM#18-6-18.1 Inspected by: Audrey Horton, Meaghan Burke The CAC does Not Support the application because the proposed dock is inconsistent with the wetlands code. Vote of Council: Ayes: All Motion Carried Jill M. Dohetqy. President Bob Ghosio, JI, Vice-President James F King Dave Bergen John Bredemeyer PO. Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: SOUTH BROWN LIMITED LIABILITY CO. requests a Wetland Permit to construct a 4'X 110' fixed catwalk with a 4'X 10' seasonal ramp onto three (3) 8'X 30' seasonal floating docks secured by 6-8" dia. anchor pilings. Located: 8070 Narrow River Rd., Orient. SCTM#18-6-18.1 Type~f area to be impacted: ~ltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland ~f Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: L'~Wetland __Coastal Erosion __Administrative__Emergency Pre-Submission __ __Amendment Violation Info needed: "~'~ Modifications: Conditions: ~J.Do erty J. Bredemeyer Present Were: ~.King d D' h ~ B.Ghosio, ,v' D. Dzenkowski -~ther Form filled out in the field by V~D. Bergen~"~' Mailed/Faxed to: Date: South Brown Limited Reginald Tuthill 8070 Narrow River Road, Orienl South Brown Limited Reginald Tuthill 8070 Narrow River Road, Orient South Brown Limited Liabilit~O. Reginald Tuthill t 8070 Narrow River Road~ Or~ South Brown Limited Liabili~O, Reginald Tuthill 8070 Narrow River Road, Board Of Sou+hold Town Trustees SOUTHOLD, NEW YORK PERMIT NO :~.~k7 .... DATE: ... ~une.2:~,. !.989 ISSUED TO .... %Q~JN TUTHILL - u-t'horizatto. Pursuant +o the provisions of Chap+er 615 of +he Laws of fha State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952t and the Soufhold Town Ordinance en- fi+lad "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS end the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted afa meeting held on ....~q~ ~;~, 19 8~).., and in consideration of the sum of $ paid by of · ; N.Y. and subject fo the Terms and Conditions listed on +he reverse side hereof, of Sou~hold Town Trustees authorizes and permits the following: To construct~4! x 110' catwalk, 4' x 10' ramp, one 8' x 30 float, install 26 pilings. alt in accordance with the detailed specifications as presented in +he originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ~fs Corporate Seal fo be affixed, and these presents to be subscribed by a maiorlty of +h~sald Board as of this date. ' · This permit ~ill expire two years from the date it is signed if work has not commenced by said date. Fees must be paid and permit issued within six months of the date of this notification. Two inspectionsare reqUired and the Trustees are to be notified upon completion of.said project. Please return to the Building Department for a determination on the need for any other permits which may, be reqUired for this project. Permit will be issued upon payment of the following fees for work to be done below, Mean High Water Mark: $360.00 8' x 30' float '/,~ 600.00 4' x 100' catwalk 60.00 4' x 10' ramp 600.00 24 pilings. $1,620.00 total fees FAK:jas CC: Bldg. Dept. Conservation Advis0~y Council file Very truly yours, , Frank A. Kujawski, Jr.~ /~ President ~' /~3 Board of Town Trusteeb~ - FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. , HENRY P. SMITH TELEPHONE (516) 765-1892 J.M.O. Consulting Box 36~ Wading River, N.Y. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 July 7~ 1989 11792 .Re: Application No. 3-5-89-18-6-17 Dear Mr. Just: The following action was taken by the Board of Town Trustees during their regular meeting held on June 22, 1989 regarding the above matter: WHEREAS, J.M.O. Consulting on behalf of John B. Tuthill applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of 'the Town of Southold, application dated March 21, 1989 and WHEREAS s~id application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect · to said application on June 22, 1989 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 Board has determined that the project as proposed will not affect..the' health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED that J.M.O. Consulting ON BEHALF OF John B. Tuthill BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Construct 4' x 110' catwalk, 4' x.10' ramp, one 8' x 30 float, install 26 pilings, at property located on Narrow River Road, Orient, N.Y. John M. Bredemeyer, IlL President Henry P. Smith, Vice President Albert J. Krupski. Jr. John L. Bednoski..Ir. i. ' John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 31, 1990 John Tuthi!l P.O. Box 192 Main Road Orient, NY 11957 Re: Amendment of permit No. 3747 Dear Mr. Tuthill: The following action was taken by the Board of Town Trustees during its regular meeting held on December 20, 1990 regarding your request to amend the above permit, '- RESOLVED that the Tow~ Trustees Approve the request of John Tuth~ll to amend permit number '3747 to the following: Float 40' X 6' = 24~ sq.ft. 360. Catwalk 20' X 4' = 80 sq.ft. (18' offshore of MHW) 108. ~amp 8' X 2 1/2' ='20 sq.ft. 30. '6 pilings a~' $25 offshore of MHW 150. Total due $683.00 This letter is to be an amendment to the original permit and fees and as such shall be attached herewith. Allother 'terms and conditions remain as written in the original 'permit. John M..Bredem~yer, III. Prgsident, Board of. Trustee JMB:jt cc: Bldg. Dept., CAC, 'File JO~N BEDNOSKI: I think I just came back on the Board when the last one was up and remember having the same discussion. But there was a problem maybe with ...of the possibility of things like that, but I think that it w~rked out. MR. HOLZAPFEL: Just to add two cents before you say something, I am speaking for the CAC and Just as a general policy the revetment is probably a better thing in most cases, but we as you noticed our minutes were~decided right down the middle and usually we vote for revetment, but anybody understands that its already done; one after another so there was a toss up between the two, but I think, if I remember correctly, the DEC was the one who actually forced that issue even more so. Its because they wanted that, it was their recommendation and that's not usually their policy. MOVED by John Bredemeyer and seconded by John Bednoski. Vote of the Board: Ayes, All 3. John B. Tuthill JOHN B~nEMEYER: I did this one also. This is a JMO Consulting on behalf on John B. Tuthill to construct a catwalk, ramp and three floats on Narrow River Road, Orient. I do not know what the CAChad to say about this because the last time I heard they were still discussing it. I had a problem with it. FRANK KUJAWSKI: It seems to be a very large project here. ALBERT KRUPSKI: We thought the scale was kind of large. FRANK KUJAWSKI: Three eight foot by thirty JOHN BREDEMEYER: Actually the problem I had with it does not apply so much much with what Mr. Tuthill has, but what the DEC is doing. We have a critical environmental area here and if they are in~.theprocess of negotiating easements down to the water, down to Trustee lands in a piecemeal fashion then they are essentially performing a segmentation SEQRA without involving the trustees, and I would still like to meet with the DEC to discuss what plans they have with Hallock's Bay. I think wha~ they are doing is good, and I believe it is receiving general public favor and now some of the landowners, such as Mr. Tuthill, are coming to negotiated settlements, but for us to bury our heads in the sand and allow one easement after the other to possibly pop up where maybe we don't want people going down to ourbay bottom would be a mistake. I think particularly since we took it upon ourselves to form the critical environmental .area we should enforce it by insisting that the DEC sit down With us to discuss what their plans are, how many easements they want, and we may well agree with how many they have planned andagain we may not, and maybe this is the only one they have planned, but to date the DEC is just really'treated us, if you will, as a weak step child and has left us out to wither on the vine and no matter what happens with the land policy there we are still going have title to that bay bottom we should be looking out for it. FRANK KUJAWSKt: Do you have any comments about this? ~T,RERT KRUPSKI: HOW does that fit in with this application? FRANK KUJAWSKI: Well this is going to be a t~pe one, so all we are up for tonight is a Lead Agency determination. As of what date, I have a Lead Agency request here? How much time did they give us for a response? I think the problem here, Glenn, and I think we should contact the DEC is that apparently this request for information and so on was sent to the Supervisors office and not to the Trustees office. So it never reached us. JOHN B~RnEMEYER: If it went to the Town Clerk, they might have a pretty strong case, because the Town Clerk, maybe the Supervisor's office is the officer of record under SEQRA. If this one is out of the barn that's fine. We should at least have a meeting with them and say all right let's see what is going to be coming down the pike. ALBERT KRUPSKI= What would you like to do? Who do you want to meet with? You are pretty elusive as far as trying to pin it down... JoHN B~RnEMEI~K: I think maybe we should just table the application and request a meeting with the DEC and possibly direct it through Chuck Hamilton to Dick Ryan's office. This may be the only easement offered, I have heard of no others being discussed at this time. I'll move to table this application to contact the DEC for discussion of possible future easements. FRANK KUJAWSKI: HENRY P. SMITH: FRANK KUJAWSKI: ALBERT KRUPSKI: Agency on this. FRANK KUJAWSKI: Is there a second to the motion? I'll second. Any other discussion about this? Yes, Gle~n said that the DEC has already taken Lead know of that has been to Frank Murphy's office rather than my office. usually ends up on our desks. Okay. Ail in favor of tabling this application? MOVED by John Bredemeyer, second by Henry Smith. Vote of the Board: Ayes, Ail. I think in the past several months was the first one I It 4. Claudio Zustovich re: to construct a floating deck on willow Point. FRANK KUJAWSKI: Number four is an application by Claudio Zustovich to construct 5' by 20' floating dock on Willow Point. HENRY P. SMITH: I looked at this one Frank and its just another dock, it is no different than the ones already there. It is their marina. FRANK KUJAWSKt: CAC did not have any problems with it? HENRY P. SMITH: No, they approved it. ALBERT KRUPSKI: Is it one of those things that the Association is going to get excited... HENRY P. SMITH: No, they all have deeded rights for this .... to put a dock in this particularly designated~avina area. FRANK KUJAWSKI: Did you make a motion Henry? HENRY P. SMITH: Yes~ MOVED by Henry Smith, second by Albert Krupski. Vote of the Board: Ayes, All. 5. FRANK KUJAWSKI: En Consultants on behalf of Frederick Rapp to remove and replace bulkhead and dredge 10 cu. yds at property located on Lake Drive, Reydon Shores. I believe this project is along with several others that we had processed in this area. I don't have a problem with it and I don't think any of us did. As a matter of fact we liked the way it was being done down there. MO¥~D by Henry Smith, second by John Bredemeyer for a negative declaration. Vote of the Board: Ayes, Ail 6. FRANK KUJAWSKt: Number six is Proper T Services on behalf on Kenneth Coles to construct walkway, ramp and floating dock on Sleepy Hollow Lane in Southold. The CAC did not have a problem with this. We took a look at this the other day. Does anyone want to make any comments on it? No. 7:41 P.M. HEARING IN THE MATTER OF THE APPLICATION OF J.M.O. CONSULTING ON BEHALF OF JO~N B. TUTHILL. FRANK KUJAWSKI: The last hearing is in the matter of J.M.O. Consulting on behalf of John Tuthill to construct catwalk, ramp and floating dock in Narrow River Road, Orient. I believe we had some discussion with Mr. Tuthill at our last month~ meeting and made a few cha-ges. ALBERT KI~UPSKI: We did scale this down didn't we? FP~kNK KUJAWSKI: Yes we did. We have I one 8' x 30' float. Does anyone have any questions for Mr. Tuthill? MOVED by Henry Smith, second by John Bredemeyer. Vote of the Board: Ayes, Ail. - APPROVED. 7:42 P.M. HEARING IN THE MA't'~ OF THE APPLICATION OF EN CONSULTANTS ON BEHALF OF KENB~','~ ROCK. PRANK F3JJAWSKI: This is the matter of the application of En Consultants on behalf of Kenneth Rock to ... do we have any dredging left in this project? I think it was a retaining wall that was just left as part of the application and repairing a bulkhead. Is there anyone to speak in favor of this application? It hasn't been approved also by the DEC. Looking at the permit, all the~ have approved is dredging the beat slip. Well, al=~arently it was applied for, but that was not part of the approved conditions from that agency. We have tied the restrictions in with our own, I suppose you could appeal it. HENRY SF~ITH: Well, I think that if.he could say and prove that there was one at one time and then it would certs~nlygounder a mainte-~nce dredging project as far as I am concerned .... .~-. FRANK Fg3JAWSKI~ Well, what I would suggest is that since there was objection on this Board to that portion of the a~plication and Mr. Haje said that you req~/ested an amendment if this one was approved this evening and it can be demonstrated that there has bccn approval granted previously to connect the boat basin with the ch~n-el out there. It would probably be looked on at least a little more favorably. That wasnot indicated on the original application to us. They looked at it as if it was an attempt now to take outbottom that had not been previously disturbed. Do they have a file with us? Was there ever a permit for the original dredging of the channel? In the basin, yes, but far as a chsn-el from the basin out...out off the basin there is about 3 feet. Well, the present application does not have ~hat on it. HENRY SMITH: If you could find the original owners that had pictures of beats that we docked that would be great. FRANK KUJAWSKI: Are there any other comments regarding this application? MOVED by Frank Kujawski, second by Albert Krupski. Vote of the Board: Ayes, All. - APPRO¥~. 4. J.M.O. Consulting on behalf of Peter Fakiris. FRANK KUJAWSKI: Number 4, Henry you had a comment about Fakiris? ~NRY SMITH: Yes. If anything came up with Glenn Just and if we had any questions .for him he would want to postpone until next month, because physically he can not be here tonight. FRANK KUJAWSKI: Well, it was set up for an assessment this evening. HENRY SMITH: He Just wanted me to tell you this. TRUSTEES John M. Bredemeyer, III, Presidem Henry P. Smith, Vice President Albert J. Kmpski. Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 31, 1990 John Tuthill P.O. Box 192 Main Road Orient, NY 11957 Re: Amendment of permit No. 3747 Dear Mr. Tuthill: The following action was taken by the Board of Town Trustees during its regular meeting held on December 20, 1990 regarding your request to amend the above permit, RESOLVED that the Town Trustees Approve the request of John Tuthill to amend permit number 3747 to the following: Float 40' X 6' = 240 sq.ft. Catwalk 20' X 4' = 80 sq.ft. (18' Ramp 8' x 2 1/2' = 20 sq.ft. 6 pilings at $25 offshore of MHW 360. offshore of MR-W) 108. 30. 150. Total due $683.00 This letter is to be an amendment to the original permit and fees and as such shall be attached herewith. Ail other terms and conditions remain as written in the original permit. John M. Bredem~¥er, III President, Board of Trustee JMB: jt cc: Bldg. Dept., CAG, File TRUSTEES John M. Bredemeyer, ili, President Henry P. Smith. Vice President Albert J. Krupski, John L. Bednoski, John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Sonthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES OF MEETING HELD ON THURSDAYt DECEMBER 20t 1990 PRESENT WERE: John M. Bredemeyer, III, President Henry P. Smith, Vice President John L. Bednoski, Jr. Trustee Albert J. Krupski, Jr., Trustee John H. Tuthill, Trustee THE MEETING WAS CALLED TO ORDER PLEDGE OF ALLEGIANCE Next Trustee Board Meeting: Thursday, January 17, 1991 at 7:00 p.m., Worksession at 6:00 p.m. Organizational meeting: January 17, 1991 - during regular meeting. Next Field Inspection: Tuesday, January 8, 1991 - 8 p.m. I. MONTHLY REPORT: Trustees' monthly report for November, 1990: A check for $1,847.44 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS/CHANGES: 1. JOHN TUTHILL request to amend permit number 3747 to read as follows: Float 40' X 6' = 240 sq.ft. Catwalk 20' X 4' = 80 sq.ft. Ramp 8' X 2 1/2' = 20 sq.ft. 6 pilings at $25.00 offshore of MHW After Mr. Tuthill excused himself from the room a motion was made by JOHN BREDEMEYER and seconded by HENRY SMITH to approve B6ard of Trustees 2 Dece~er 20, 1990 the above noted amendment with the use of the old fee schedule. AYES: Bredemeyer, Smith, Krupski, Bednoski. ABSTAIN: Tuthill. 2. COSTELLO MARINE on behalf of CHARLES BLEIFELD to amend permit number 3741 to place the float parallel to the beach heading in an easterly direction. Sandpiper Basin. After discussion with members from audience, a motion was made by ALBERT KRUPSKI and seconded by JOHN BEDNOSKI to table the amendment in order to re-inspect the project and measure the dock. ALL AYES. 3. COSTELLO MARINE on behalf of ORIENT BY THE SEA MARINA/RESTAURANT request a waiver to repair bulkhead as indicated on map. Located at Orient Point. After a discussion it was decided that the request for work is just an ordinary regair and does not require any approval from this board. 4. Eh-COnSultants on behalf of WILLIAM AND VINCENT GEEAGHTY request to cut down the Phragmites to allow easier access. The Trustees have been waiting for a licensed survey on this property in order to proceed with this application. Cutting the Phragmites will allow the survey to be done. Located at Arshamomaque. A motion was made by HENRY SMITH and seconded by AT~ERT KRUPSKI to allow the Phragmites to be cut for the purpose for surveying only. The applicant must come before this Board for any further activity prior to permit. ALL AYES. 5. JOHN WICKHAM request waiver to move cottage from lot #33 to lot #32.2 located in New Suffolk. A motion was made by ALBERT KRUPSKI and JOHN BEDNOSKI to waive any jurisdiction, if any, for this project. ALL AYES. 6. ADRIAN MCCALL - Board to amend application to read as follows: Applicant request permit to replace (within 18") 43 1.f. of existing timber bulkhead. NO dredging will take place. A motion was made by ALBERT KRUPSKI and seconded by JOHN BEDNOSKI to rescind the positive declaration do to the fact that the application was revised. ALL AYES. IV. PUBLIC HEARINGS: A motion was made by ALBERT KRUPSKI and seconded by JOHN BEDNOSKI to go off regular meeting and go into public hearings. LAND PURCHASE AGREEMENT ~,.,~, Long Beach 8ay/ ,, +. Q-TWL - Suffolk ~* , 19.5775 Ac. herr. Jnaker described ms 0WN'E~ THE PEOPL~ OP THE STATE OP NEW YORK, herej~M~er described as' nt to the provisions of Sec ti on ~-'gZ~-D~PARTMENT 0F ENViRONME~,-_. , .... '-u~f the Fnv{~..~- - azAu CONSERVATiOk, 7 ' ' ~a~ I ~_ -, and ~n~er w~ch Chis purchase Js being made, hereby AGREE Lo Lhe following ~rmm end Con. Lions: ', H REAS, ~he 0~'nerlsl cie;mis) Lo o~m the lend hereineh.er descfibed end wishes Lo sell and convey the Same to P.:rChesur, and desires the Purchaser ~ secure and make an exa~nation of the title to said land; and ~A~:EREAS, Lhe Purchas~ des~es ~ S~ure t/He ~ said land. but before doing so. ~arChaser ~:am~e the t~e ~ s~d ]and and s~ure the epprova] of title thereto by the Atm~ev Gene:aL XOU,' THEREFORE, . ~ ,T'~e O~ nedSL m consjde'ra~ion of t~e ~'..,_ .. , ~ ' - ~ ~/~ convey ~to ~be ~rck .... " ........ ma~r Con~ed o- ~ ~ ~d d~ ~--- ,~e., z~ s~pJe absolute tiQe ~ th- e~ by ese ~m~- , ,. ~ ~Y ~O ~ ~ens and e~cu--U-- ~ ~nu nereLnM~r descend ....... ASEB at the expense of th. ~r T~ - ~unc I ~oo~meu~enLa~/orth ~ 0 ~ve ~ d~v ~rded ~ ~e O~ce of ~ ~: ~e a~e. t~e ~ ' ~e Cl~k of the ~ wh~ s~d ~d - a" O~e~s} cm-~ ~ ~e ~. ~d ~e ~m. ~v~ ~:h the 0~ ~ ..-~ ~ ~e zp~v~ of ~e ~-,- ~ ~ sa~ ~ ~e4 .~.~ . , a~v_ ..... = ,. : of ~o~ of th~ ~a .~ . ~ ~e due --a -- .. , S. ~t ~ _. ' smd 7~-~t a ~ah~ mU~y unders~ =.~ _ , ~S~ent of ~s~en*- ~t -- .~s;,~ ~ oblations m~n~ of pubic s~5~ ~ t~ephone.'tele~aph ~d pipe ~es. cc~:ations or the fight ofothe~ --" ~Y, zor tae cons~c~on, op~-at/bn and ~ ~'~ T~ ~ve ~ ~Y pubic road, Nght of wty, waa~.ay, or r~oa~ ~d st~t or Ng~}. Pm-~e ~ N ~v8 of ~a~ o~m- ~s~ble ~t~ests. t~'ough or along · ...-v .. -: -- · . - ' ~'~t~ ~ ~s~.~da~.o~vn~va~.~ ~'~m ~ It~ ~, m~u~ ~e~.m~. - I . --'*'.~v~aI ~ ' .... ~--~s~ a, v.7~Z' .' -="' :=-= by ~nv*v,~; ~ ., ~ ~t ~ h~ ' '-' ~--y soapprupria~d sMU be end is hereby f:ed and de~n~ nt,hesum of a~ ~ymen: in ~ of any ~nd all such claims arising f~m 10 11. 12. · The Owner agrees to make all applications for permits necessary to the construction of a wooden walkway and five (5) attached floating dock systems on and ~Ppurtena~t to the lands reserved from Parcel Q-TWL Suffolk 13.16 A, below described, within thirty (30) days of the date of this Agreement. This conveyance shall be contingent Upon the Owner's receipt of all said permits. The Purchaser agrees to assist the Owner in any way it is able to in regard to the permit ~pplic~ati6ns. ~ee Rider. If necessary to the conveyance, the Owner agrees to provide notice of canc~llation and notice of proposed sale as the same are required by the terms of a Grant of Scenic and Conservation Easement to the Town' of Southold, dated May 30, !973.and recqrded in the Office cf the suffolk county Clerk.in Liber 7416 cf Deeds at Page 386. Such notices will b· provided not later than the date of.the owner,s receipt cf,the ~above-no~ed permit~. .. The lPurchaser agrees to pay interest to the Owner on the purchase price of $638,000.00 at the rate of nin~ (9%) perc.ent per ann'am for t~e ~eriod beginning 30 days after .date of..reco~d/ng and indexing of the deed; to and including the'date that the sum of $638,000.00 is paid , to %he Owner. Ail covenants of this agreement shall.apply;, in case.of apPropriation~' with respect k0 ~'lsp0sitlon of objections to title, as that title a~d those'O~jections are found by thq Attorney General to have.existed at the time of appropr~ation. This agreement consisting of 6 plus Rider pages is'executed in triplicate; both parties and the Coml~troller have one and each is an original for all purposes. It is further mutually ~/lderstood a~d agreed 'that ~this agreement is to'apply to and bind the heirs, executors, administrators, devise~s,, grantees, and successors, and assigns of the ~ne land hereby ¢outracted =o be sold by th--_ to the Purchaser is described as follows: Owner,s) 3 ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS of land situate, lying and being at Orient, Town of Southold, County of suffolk, state of New York, being and intended to be a part of the lands described in a deed dated November 20', 1976 and recorded in the office of the.suffolk County clerk in Libor 815! of Deeds at Page 97, and also described in a deed dated December 12, 1986 and recorded in the Office of the Suffolk County Clerk in Libor 10219 of Deeds at Page 567, as the same are more particularly herein described: Parcel Q-TWL Suffolk 13.16 A - BEGINNING at a ~oint formed by the intersection of the easterly line of Narrow River Road With the northeasterly line of the land of the Town of.southold, the coordinate in the New York State Plane Coordi~<~, Lon~ Island Zone being N. 338,407.60, E. 2,472,799.28, and running thence from sai~ poin~ of beginning northerly alon~ t~e easterly l~ne of Narrow River Road tko fo! low__= courses and distances: 1. N. 23° 59' 29" E. 289.03 feet, 2. N. 7° 29' 29" E. 1,451.8¢ feet, .3. N. 26~ 39' 29" E. 188.:7 feet, ~. N. 34° 48' 36" ~. 12.'31 feet to the land of E~wa~-d W. La'tha~; the/Ace S. 72~ 5~' 31" E. along the land of Edward W. Lath'am 9'.10 feet to the geJ:eral l:L~e of mean ~gh water of Ha3_lock'Bay as. of Febr~/ary 25, 1988: thence generally ssu~her!y along t-he mean'h/gh water line of Ha!lock Bay (Narrow River) to the land of Tow~ of Southold, a'tie line along the mean high water li~ of HalloCk Bay (Narrow River) havlag the following courses'and distance~': 1. s. 20~ 33' 22" E, 210.09 feet, 2. ~. 8° 55' 50'i E. 70.8& feet',' 3. S. 2~° 03~ 13" W. i200,36 feet, 4. S. 1° 54' 3~" w, ]150.08 feet, 5. s. 32° 12' 08" W. 1277.72 feet, 6. S. '11o 18' 36"W, !203.9~ feet, 7., S. 12° 19* 47" E. !187.32 feet., S. S. 9° 31' 42" W. ~711.83 fee=, ~. s. 55° 45' 45" W. 60.01 feet; " :~e -_ N. 4~ ="' ~" W. along Zhe land of the Town cf scu~h~!d 110.20 fee~ to the point or place of ~ -~ -~-~ .__~/ acres, more or less. 4 RESERVING therefrom a portion of the southerly end of the above described parcel, bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly line of Narrow River Road, with the northeasterly line of the land of-the Town of Southold. Said point having the Coordinates N. 338,407.60, E. 2,472,799.28 in the N.Y.S. Plane Coordinate System, Long Island Zone. Running thence along the easterly line of Narrow River Road N 23o 59' 29 E, 250.00 ft. to a point; thence s 48° 57' 11" E, 80± ft. to the general line of mean high water of Hallock Bay (Narrow River); thence southerly, along the mean high~watel~ llne of Hallock Bay, 3&o the !~nd of the Tow~ of Southold; t'hence alSng said land, N 48% 57' ii" W, 110.20 ft. to ihs easterly line of NarrOw River Road and the point or piece cf beginning. Containing 0~cres more or less. Said parcel !3.16A having a Suffolk County Tax Map desl~-aaticn: Dist. I000, Sect. 018, Blk. 06, P/0 Lot 018. Parcel Q-~,~L Suffolk 13.16 BEGI~.~ING at a point on the westerly line of Narrow'River Rs&d, said point having the coordinates of N. 33S,962.S3 and 2,472,905.i6~in ~he New York State plane'Coordinate System, Long island Zone, and being distant the following two courses and distances, as measured along the westerly l~ne of NarTow River Road, from ~ pipe ~arklng the division line of land of Latham Fa--~ms o~ t~e Sou~_h.and l~n~ of Ly!e Tuthill & Rut/~ & Reg+na!d -=Lh=ll on the. nor~h. (1) N. 23" 59' 29" E. 266.66 feet, (2) N. 7° 29' 29" E. 280 ~eet. R~nning thence from said.point of Beginning, ~hrgggh land of Lyle Tuth!ll & Ruth a Reginald Tuthill,. the fo!lowing three co~rses and distances: (1).N. 56° 30' 31" W. 1005.00 feet (2) N. 59° 29' 51" E. 64.~1 feet to land of the Estate of Amelia, SledJeskl; r~nn!ng thence ~long land of the 'Estate of Amelia Sledjeski the foll0win~ four courses and distances: (.1) 62'o 2'1' 49" E. 419.37 feet (2.) N. 53° 08' 39" E. 9§.85.feet (3) N~ 35° 52' 39" E. 247.18 feet (4) N. 40~ 39''29" E. 298.00 fe~'t, to la~d of the estate o~ George L. Run, ling the/%ce along land of the estate of George L. Young, S. 72° 58' 31" E. 220.11 feet to a po//~t on the northwesterly line of Narrow R/var Road. Runnin~ thence along the nDrthwesterly and -. ---~-- Of Narrow River Road. S. 2~: 39' 29" w. 200.00 feet Containing 16.0523 acres more or less. Ail as shown on a certain map entitled "Map of Lands to be Acquired Pursuant to Section 3-0305 of the Environmental Conservation L~w, Project Q-TWL suffolk 13, Long Beach Bay Tidal Wetlands, situate at Orient, ToWn of Southold, county of suffolk, State of New York, dated 11/22/88 by Howard W. Young, licensed land surveyor, N.Y. Reg. No. 45893 and filed in the office of the Department of Environmental Conservation at Albany, New York as Map No. 10646, sheet No. 1&3 of 16, copy attached. Together with all right, title and interest of the owner'in and to all ponds, streams, roads and'high~ays, and the land within the beds of all ponds, strea/~s~ roads and highways, abutting, adjoining or ~traversing the above d~scrlbed premises. Excluding the rights, if ~ny, of Others than the owner in and to all ponds, bays, strea~s, roads' and highways abutting, adjoining or traversing ~he above described premises; also ex~!uding all public u~lllty easements,, transmlssi, on 'and. telephone-lines'affecting the above, described premises. SubJect.~o the state of facts show:: on a map or maps prepared by Ybung &. ¥o%h~g, Surveyors ,dated Nov-mher 22, L988 prepared for'the State of NmW Xork, D%Dartmant of Environmental 'Conservation and entitle~ "MaD of la~ds :o be acquir~dl~arsuant to section 3-03~5 of the e~virio~me~tal conservation law - Project: Q-TWL Su~fo!k 13 Long Beach Ba~ Tidal Wetlands situated in Orient. T'his ag'roement is made sublet to the a by the Comptroller and Lhe [;,epartment IN W1TN'F-S~; V'IIEItEOF, th~ part,e~ t~r~ t,,'e aet.~b~', ho¥:~.n~..~'y.y~0~,~: hr~t · ' ..' · . -., , ../,,v Ow~cr,. THE PEOPLE OF THl:t, sTATE OF NEW YORK AcLing by. and'through the... -.." Deportment of EnvironmenLa) Conservatisn By STATE OF NEW YORK 1 -~:n:y6tSuffolk '.~'": On this ~ay of .19 .-- b~fore ~e, tho subs=~b~r per~on~l)y John B, Tuthill Attorney-in-~act for Lyle B. Tuthill ' ~d b~'she duly m~:now)~ed ~t hd~he ~e~ ~ne ~T~ OF N~W YORK ~ ~u:~' d Suffolk day of NOTARY PUBLIC STATE OF N=,% YO,,:', u .' .. ,.. 1.~ before m'e. the ~u~sc.-~e--pe:ion&lly c~m.e STA2'E OF h'EW ¥0R3: '~ O= :~.s · d~yof NOTARY PUBLIC ~i'ATE OF ,",'EX',' ,YOPZK I ,r'' .1~, ' ' 'bd°:'~='"'e'Pc'sO-''llycz''''=e'' ' Richmrd Lynch r to me '~ow~_ who berg by ~e dui)' swo,-m ~id dep~e ~nd uy that he/she religes ~z: h~;she exe~d th~' foregoing' on behalf' of the ~ew York S~te Dependent of EnvL-onm~n:~ Con~'ado~ p'=~Jant :o autho~:y of l=w duly de!e~ed. , .... .- -- Fcr :he Attorney General ~ LANDCONWRA~ Rider to Land Purchase Agreement between New York State Department of Environmental Conservation, Lyle B, Tuthill., John Bt Tuthill, Reginald~uthill and Ruth Tuthill 1. '(Modification of paragraph "l" of Land Purchase Agreement) - Anything to the contrary contained in paragraph "1" of the Land Purchase Agreement notwithstanding, it is agreed that owners shall give and purchaser shall accept fee ~imple title to the property subject only to the exceptions set forth on page "5" of this Agreement. 2. (l{odification of paragraph "8" of Land'Purehase .' Agreement) - Anything to the contrary contained in paragraph "8' of the Land Purchase Agreement notwithstand%ng, it is unders'tood that owners grant no easements, licenses or other rights to use property of owners either abutting or within the vicinity of the lands described, in this agreement. Purchaser's sole access to the lands described, in this agreement shall be over Narrow River Road and Hallock's Bay. , 3. (Modification of paragraph "9" of Land Purchase Agreement) Anything. to the contrary-qontained in paragraph "9" of the Land Purchase Agreement notwithstanding, it is understood that the terms o~ paragraph "9' which convert this agseement to "an agreement of adjustment' 'shall not be applicable until owners have obtained the permits .describ~_d--~ paragraph "10~ o.f this agreement as said .paragraph "10" is modified pursuant to the ~erms of this Rider. In the event purchaser appropriates the land prior to the owners obtaining the .pc.mits ~eferred to. in said p~'raqraph '10' as modified. Owners reserve the right to f~'le a claim'in' condemnation seeking~ as an award, the fair market value of ,the severance damages suffered by adjacent property owned by owners as a result of the failure to obtain the wooden walkway and attached floating dock system as contemplated :by said paragraph 4. (Modification of paragraph ~10' of ~and ~urchase Agreement) - Owners shall diligently process all app!icaSions required pursuant ,to paragraph "10", and shall exhaust all~ remedies in obtaining such permits. Anything to the c~atrary notwithstandln~, however, owners have the right to waive the contingency created by said paragraph "10". It is Understood' that'the wooden walkway agd"at,tached floating dock as desccibed i~ paragraph "10" are permitted activities under the r~gulations adopted by the New York state Department of Environmental Conservation in 6 N.Y.C.R.R. Part 661. Owners agree that the wooden walkway and attached floating dock referred to in paragraph "10" shall be designed so as to conform to the requirements for such structures contained'in 6 N.Y.C.R.R. Part 661. The term "permits" as used inlparagraph "10"' as modified by this Rider, shall mean a final approval issued by the agencies involved. "Final approval? shall only occur after the time to legally contest such permits has expired. In the event any action or proceeding is brough~ to contest such permits, final app~ova.1 shall be deemed to occur when there are no further appeals'from such permits and 'th'e time in which tq-seek such appeals ~as' expired. 5. Any r%ference in the Land Purchase Agreement to the "approval of t~tle" by the Attorney General shall not be deemed to give said Attorney General discretion in issuing such appr6val. It is agreed that the Attorney General's approval of title'shall be limited to determining that title is in fee simple in the owners, subject only.to the exceptions set forth in the Land Purchase Agreement. j~__~ !ii . TATE OF NEW YORK, COUNTY OF SUFFOLK ss.: n this 13th day of February, 19~9, before me personally came JQHN B. U?HILL, known to.me ta b~ the individual described in~and who executed he foregoing Land Purchase. Agreemeht, and to me know~ to be the %torney-in-Fact for RUTH TUTHILL, the individual described in and who by er Attorney-in-Fact executed the same, and acknowledged that he executed aid instrument as the act and deed of said Ruth Tuthill, by virtue of a ewer of Attorney executed on January 30, 1989, a copy of which is annexed ereto, and al~o swore before me that the said Ruth Tuthill was still alive nd has not isability. TATE revoked the said Power of Attorney~nd is not under any Notary Pubtic, State of New York . ,~'//,~// . ~ ~. Qualifiedln Suffolk County / / ~'' ~- Commission Ex~re8 September 30, 19~ ' ~/ ' OF NEW YORK, COUNTY OF SUFFOLK ss.: .... n this 13th day of February, 1989, before me personally came JOHN B. UTHILL, known to me to be the individual 'described in and who executed he foregoing Land Purchase Agreement, and to me known to be the ttorney-in-Fact for;REGINALD TUTHILL, the individual described in and who y his Attorney-in-F~Ct executed the same, and acknowledged that he xecuted said instrument as' the act and degd,of said Reginald Tuthill, by irtue of a Power of Attorney executed on January 30, 1989, a copy of which s annexed hereto, and also swore before me that the said Reginald Tuthill as still alive and has nog revoked the said P~r of Attorney and is not nder any ~a~i':~- 'STEPHENRANGEL ' . Notau Publi~ State of New Ye,k ~/~/ / ~; /'~ · OualifiedinSuffblkCoun~ / / · 'CommlaslonEx~re~Septemb~30,1990/ / - ~ , ~ATE OF NEW YORK, COUntY .OF SUFFOLK ss.': 'n this 13th day of February, 1989, before~me.Persona~ly came JOHN UTHILL, known to me to bertha individual described in and who exe~hted the oregoing Land Purchase Agreement,.and to me known ~o-be the Attorney-in- act for LYLE B. TUT~ILL, the individual described in and who by his ttorney-in-Fact executed: the same, and acknowledged that he execute~ said nstrument as the act and deed of said Lyl~ B. Tuthill, by virtue of a ower of Attorney recorded in the office of the Clerk ef the County of uffolk on , in Liber of Conveyances at Page , and also swore before me that the said Lyle B. Tuthill w~'s sti~l live and has not revoked the said Power of Att~ey and is not under any S~PHEN ~ ~GEL Not~ Public, StMe of New Yo~ No. ~748 ~allfied In Suffolk Coun~ /- Commission Ex,res September 30 1990 COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIF-rH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199 / 477-1393 / 477-0682 · FAX (631) 477-0005 June 9, 2011 Southold Town Trustees PO Box 1179 Southold, NY 11971 Attn: Lauren or Elizabeth ,. 7 - RE: South Brown, LLC ~' ~ dUN 1 0 2011 North Fork Kiwi, LLC Glendalough Properties ' s.,.:~.., ~ ~v.:, Dear Lauren or Elizabeth: Enclosed you will find the following payments for the above-referenced clients: · Check #7624 in the amount of$1886.00 for South Brown, LLC's construction and final inspection fees. · Check #7625 in the amount of $50.00 for North Fork Kiwi, LLC's final inspection fee. · Check #7627 in the amount of $50.00 for Glendalough Properties' final inspection fee. If any additional information is needed, please do not hesitate to contact me. Sincerely, enclosures COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JE'VI'IES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393 / 477-0682 · FAX (631) 477-0005 May 24, 2011 Ms. Elizabeth Cantrell Southold Town Trustees PO Box 1179 Southold, NY 11971 Southhol~ To~v~ ~oare of T~us!ees RE: South Brown Limited Liability, Co. 8070 Narrow River Road, Orient Dear Elizabeth: Enclosed are revised plans illustrating a 4'x107' fixed catwalk with a 4'x15' seasonal ramp onto a 2'x4' access platform with two 5'x24' seasonal floating docks secured by four 8" diameter anchor piling. Hopefully, this dock plan has the correct dimensions. Permit Manager enclosure COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET · P.O. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 April 19, 2011 Southold Town Trustees PO Box 1179 Southold, NY 11971 APR 1 9 2011 .. South Brown Limited Liability Co. (Tuthill) Property 8070 Narrow River Road, Orient SCTM #1000-18-6-18.1 Dear Trustees: Enclosed you will find six copies of revised plans illustrating a 4'xl t0' fixed catwalk with a 4'x10' seasonal ramp and two 5'x24' seasonal floating docks secured by four 8" diameter piling. Also enclosed is a letter from James and Patricia Latham, Daniel and Patricia Latham and a letter from Edmund White, President of the Oysterponds Rod and Gun Club approving the proposed dock project. If you have any questions regarding this project, please do not hesitate to contact me. Sincerely, Permit Manager enclosures OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 20, 2011 Re: LWRP Coastal Consistency Review for Proposed Wetland Permit for SOUTH BROWN LLC SCTM#1000-18-6-18.1 The dock structure is proposed for private, residential use. Hallocks Bay is a listed NYSDEC Critical Environmental Area. SOUTH BROWN LLC requests a Transfer of Wetland Permit #3747 from John Tuthill to South Brown LLC as issued on June 22, 1989 and Amended on December 20, 1990, and an Amendment to Wetland Permit #3747 to extend and expand the existing dock with a 4'X 15' landward extension, a 6'X 20' floating dock and two (2) 5'X 30' finger floats. Located: 8070 Narrow River Rd., Orient. SCTM#18-6- 18.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the LWRP and listed policy standards provided below. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6,3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other/ands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions Figure 1. Subject parcel. In 1988 the Board issued a Wetland Permit (3760) to construct a dock structure. The dock structure constructed does not conform to permit conditions. The three proposed 8' x 30' floats are not permissible pursuant to § 275-11 Construction and operation standards C. (2)[b][i] Docks below. b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [ii It is no larger than six feet wide and 20 feet Ionq except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [Amended 12-18- 2007 by L.L. No. 23-2007] Figure 2. Existing dock showing moored vessels (6). September 2010. Please verify the total number of vessels proposed to be docked (long-term). A maximum of three vessels are permitted pursuant to § 280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] C. (3)(a) below. Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use. Further, the applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code. It is recommended that the Board address each parameter. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, she#fishing, waterskiing and other water-dependant activities; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wet/ands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia madtima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, she#fishing, waterskiing and other water-dependant activities; Chapter 275 also requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cur. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To~ Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 23, 2011 Re~ Proposed Wetland Permit for SOUTH BROWN LIMITED LIABILITY CO. SCTM#1000-18-6-18.1 Costello Marine Contracting Corp. on behalf of SOUTH BROWN LIMITED LIABILITY CO. requests a Wetland Permit to construct a 4'X 110' fixed catwalk with a 4'X 10' seasonal ramp onto three (3) 8'X 30' seasonal floating docks secured by 6-8" dia. anchor pilings. Located: 8070 Narrow River Rd., Orient. SCTM#18-6-18.1. I am in need of more information to assess the proposed action, specifically, the proposed use. The use was not indicated in the submitted materials. Office Use Only .~Wetlantal Erosion Permit Application d Pexmit Application Administrative Permit .~,e~__~lm~ntrrrans f~r/Extension ired Applieation:~ 7Ree~ived Fee:$ h%~D ~om~let~l A. ppli~'~[ion gLl~3]l! __Ineomplet~ __SEQRA Classification: Type I Type II Unliste!l, ..~4~- ~-4~o~-----~fion:(&t~ s~q ~.lqltt .__~^c ~fenal Sene~ ._~l~ate o f Inspection: ~lll~!(~ __Receipt of CAC Report: __Lead Agency Determination:__ Technical Review:. __Re~olution: Phone Number:( ) Suffolk County Tax Map Number: 1000- }~-~ lo - IA, I Kl'( ItqS7 (provide LILCO Pole #, distance to cross streets, and location) (If applicable) ~'hone:/y31-477- /lqY ard of Trustees Applicati, GENERAL DATA Land Area (in square eet): e~)&. /--/'~. ~/~z~rc~ ~ Area Zoning: Previous use of property: Intended use of property: Pr/or permits/approvals for site improvements: Agency Date __ No pr/or 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 ifnecessary):d~rl~-rt~-~ Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purp°se°fthepr°p°sedoperations:'"'~O ~t'W/~'l,t(-J~ t2~ Area of wetlands on lot: square feet Percent coverage of lot: / ~,v % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? No Yes If yes, how much material will be excavated? ~1 k cubic yards How much material will be filled? I~ l/~ cubic yards Depth of wh/ch material will be removed or deposited: tO ] Pc Proposed slope throughout the area of operations: Iq I p* Manner in Milch mater/al will be removed or deposited: feet 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): Board of Trustees Applicati County of SuffoLk State of New York DEPOSES A~ND AFFII~tMS THAT HE/SHI~ 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 SA/D 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. E / g No. 01 CI4661406 Quali.fieb in Suffolk County Comm~s3ion Expires Dsc. 31, 2013 .Iii[ M Dohcrty, Pmsidcnt Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredcmeycr Town Hall, 53095 Main Rd. P,O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of SOUTH BROWN LIMITED LIABILITY CO. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, JO_~l_f (O~_ ~'~llo ,residingat/dba being dul3~ swo~, depose and ~a':~:"' Tbat on the ~d~}y of ~ ,201 ,1~ personally posted t, he prope.rty known as by placing the Board of Trustees official po}ter ~he~e it can easily b~-s~en, and that I have checked to be sure the poster has remained in place tbr eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed~ March 23~ 2011 on or about 6:00 PM. Dated: Sworn to before me this ~ ay of~a'td/.20 ! J ~~ONICA I:. GIDONE Nota~/public, S~te o~ gewYO~ No 01CI4661406 ua~ified in Sgflolk Coun~ Co~ssion Exp~es Dec. 3% 2013 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a .public hearing will be hel.d by th.e SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 MaIn Road Southold, New York, concerning this property. OWNER(S) OF RECORD ~~~~J CT. OF ,PUBLIC HEARING:'~e TIME & DATE OF P~BLIC H~'~RI~G: . !f you have an interest in this project, you are invited to vi.ew the Town file(s) which are available for inspection prior to the day of the hear, ng dunng normal business days between the hours of' 8 a.m and 4 p'.m BOARD OF TRUSTEES * TOWN OF SC~UTHOLD * (631 ) 765-1892 South Brown Posting 3/15/11 South Brown Limited Liability Co. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: South Brown Limited Liability Co. c/o Reginald Tuthill PO Box 86, Orient, NY 11957 State of New York Building 40 - SUNY, Stony Brook, NY 11790 Town of Southold PO Box 1179, Southold, NY 11971 Khedouri Ezair 931 Madison Avenue, New York, NY 10021 STATE OF NEW YORK COUNTY OF SUFFOLK JANE COSTELLO , residing at 760 CHESTER ROADt S~YVILLE, NY 11782 , being duly sworn, deposes and says that on the 15TH day of MARCH ,2011, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their 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 Office at GREENPORT, NY 11944 (certified) (registered) mail. Sworn to Defore me this ~ Dayof ~r) / ,20_ }l Nota~ Pub~rc, State ~ New York No. 01 HE6059270 Qualified In S~o~k ~ounty Commission Expir=s Jury 23, 20~ · that said Notices were mailed to each of said persons by $2.B0 $2.30 $0.00 $ or PO Box No. $0.61 $ $5.71 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: South Brown Limited Liability Co. YOU ARE 1. SCTM~ 1000-18-6-18.1 HEREBY GIVEN NOTICE: That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a 4'xl 10' fixed catwalk with a 4'x10' seasonal ramp onto three 8'x30' seasonal floating docks secured by six 8" diameter anchor pilings. As permitted by NYSDEC Permit #10-89-045t and Army Corps of Engineers Permit #08-GP-15236 That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 8070 Narrow River Road, Orient, NY 11957 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: March 23, 2011 - on or about 6:00pm 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 Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS NAME: South Brown Limited Liability Co. cJo Ref:linald Tuthill MAILING ADDRESS: PO Box 86, Orient, NY 11937 PHONE #: 631.323.3558 AGENT: Costello Marine Contractin,q Corp. MAILING ADDRESS: PO Box 2124, Greenport, NY 11944 PHONE #: 631.477.1199 Enc: Copy of sketch or plan showing proposal for your convenience. (~ TC)w~ 44: / ) - ~.o CRoss 3?o.J~N~ z~,a4 4~lm, K~mr.~,.X ),)v.,~ DOCK D~T.~/L 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR ]2. PROJECT NAME COSTELLO MARINE CONTRACTING CORP. (CMCC) / TUTHILL - DOCK 3. PROJECT LOCATION: Municipality ORIENT, SOUTHOLD TOWNSHIP County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 8070 NARROW RIVER ROAD, ORIENT, NY 11957 SCTM#1000-18-6-18.1 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT A 4'X110' FIXED CATWALK WITH A 4'X10' SEASONAL RAMP ONTO THREE 8'X30' SEASONAL FLOATS SECURED BY SIX 8" DIAMETER ANCHOR PILINGS. 7. AMOUNT OF LAND AFFECTED: Initially .001 acres Ultimately .001 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX ST NG LAND USE RESTRICTIONS? I~l Yes U No If No, describe briefly 9. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: VACANT PIECE OF WATERFRONT PROPERTY 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(s) name and permit/approvals: ARMY CORPS OF ENGINEERS, NYSDOS, NYSDEC, TOWN OF SOUTHOLD 11~ DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [-']Yes ~lNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: JANE P. COSTELLO, PERMIT MANAGER FOR CMCC Date: 2/23/1 l If the~ction is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER I Reset PART II - IMPACT ASSESSMENT T m leted b LeadA enc A. DOES ACTION EXCEED ANY TYPE ~ THRESHOLD~IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EA~. r~Yes DNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be supemeded by another involved agency. [~] Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Ans',vere may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaectogical, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, signlficent habitats, or threatened or endangered species? Expiein briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdelty: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) seffing (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevereibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more po[entially large or significant adveme impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppo[ting this determination 2/23/11 Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officar Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Reset PART II - IMPACT ASSESSMENT (To be completed by ;ea~_ AgenCy). A. IX)ES AC I- iuN EZCE,~? ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If Yes, eoon~na~e the re'/~v pflx:ess and use the FULL EAF. I-1Y- 171.o B. WiLLACTION~VECOO~-NNA3EDREVIEWAS PROVlI:~DFORUNMSTEDACTiONSiN6NYCRR, PART617.67 IfNo, a nega~ve r'~TM 1'~"0 C. COULD ACTION RESULT IN ANY AD~-~'~- EFFECTS ASSOCIA~=D wrrH THE FOi. LOWiNG: (Answers may be haadwflff..en, if leglbte) I,"o j.o 0.3. Vc-g~,;~,or fauna, flsh.,~%;.'~,~-~.,.';;~ ~,.. =~i,;-"----: ..... No C7.~. r ~ 3~IE p I~ ~"t_l~'_ _":~T HAVE AN IMPACT ON THE ENVl RO f.'f.',.'-~qrAL CHARAC i U..Hib'TICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAl F- IS THERE, O~ IS THE~, UKELYTO~~,n~,~=__- PA~r m. O~A'nON IN81~UOTiON$: ' F~each ~ve~e effect Idenf~md above, de~e!m~ewflelherlt Is substa~ial, large, lmportantorolhem~se significant. Jufl~ienl delail, to show ~mt all relevant adveme impacts have been ide~tllledand adaquale~ ~. If que~&~n d of prat Ii was chede~ )~s, the,deMn~lnallon o~slgnlltca~ce must evaluaJe ihe pote~al impa~oflhe .~_ _ _ _ acllen on ~ ~,v~ .,~i~ ....... d~l~on.m~. Beard of Trustees Name of Lead ,~ency Date Jill M. Doherty · ' P~n~or Type Na~e of Re~,~,.;~e.~Ot~cer in Lead ,'~gency Presiden( - ~ S,~nalure of I~,~,~ ~ ~ [e~ad .N~enCy Signal', of I~r~,~,.~ (if different from respons~l~e officer) 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 Waterfiront 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 scm# The Application has been submitted to (check appropriate response): 1. 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: Location of action: Site acreage: Present land use: ~mM_[ !oa-~v~av~?c~,/:~0v~[ ~f~c~ ~ ~¢e~% ~c~e u2a{et/ Present zoning classification: ~Q~- ~FtT,~/L /~/t/qeW ~ar~f~7 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (b) Mailing address: (c) Telephone number: Area Code ( ) ~99l - 7j,) ~ _..~ ~>¢c6~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? YesX~ No [] If yes, which state or federal agency? ,~(d)~ ~ ]4¥/;~{)5~ ~ ¥.~-~_'x,~(__ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes [] No [-~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Attach .additional sheets if necessary Policy 3. Enhance visual qna!Ry and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pnges 6 through 7 for evaluation criteria [-~ Yes [--~ No7 NotApplica ~b~ ..~ t2~£(ct3 ,fl Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minlmi~e loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Attach additional sheets if necessary Policy 6. Protect and restore the quo!ity 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 Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes [-~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and h~7~rdous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes FI No It(Not Applicahl --W 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. ~-~ Ye~ 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 Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. 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. Attach additional sheets if necessmy Policy 13. Promote appropriate use and development of energy' and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Created on 5/25/05 11.'20 AM Date: * February 23, 2011 To: Southold Town Trustees and Mark Terry Client: South Brown Umited Liability CO. c/o Reginald Tuthill 8070 Narrow River Road, Orient Proposal: Allow construction of a 4'x110' fixed catwalk with a 45(10' seasonal ramp onto three 8'x30' seasonal floating docks secured by six 8" diameter anchor piling. DEVELOPED COA~I' POLTCTES 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. Our proposal will make better use of this waterfront property by extending the existing into deeper water and providing an area for the property owner to access his boat. This extension will not interfere with navigation. The proposal is consistent in size for the surrounding area. Policy 2 Preserve historic resources of the Town of Southold. There are no historic resources of the Town of Southold located at this site. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will have no effect on the visual quality or scenic resources throughout the Town of Southold. The size of the proposed is consistent and appropriate for the area. NATURAL COAST POL/CTES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal will have no effect on the loss of life, structures and natural resources from flooding and erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality and supply in the Town of Southold. The dock will not cause direct or indirect discharges that would contribute to contravention of water quality standards. There will be no non-point pollution increase by the construction of the proposed extension. The scope of the proposed extension is minimal in size. There will be very minor disturbance during the initial construction but the disturbance will not be a continuing factor. Once construction is completed it is anticipated that the area will totally recover. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. The scope of our proposal is minimal. The proposed dock extension will not have any impact on the quality or function of the Town Southold's ecosystem. There is any existing dock structure and our proposal has been previously approved by the NYS Department of Environmental Conservation. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will have no effect on the environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. PUBL/'C COAST POi/C/ES Policy 9 Provide for public access to, and recreaUonal use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will not inhibit public access to coastal waters, public lands and public resources of the Town of Southold. There is no beach for pedesb-ian ~o walk along the beach and the dock will not interfere with any sort of navigaUon. There will still be plenty of open space for boaters. The scope of the work is minimal so the visual access will not be effected either. WORKING COAST POU[C][ES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property will be used to access the water by the property owner. The property owner will use the dock to service a boat b3 which will be used to access larger bodies of water to engage in additional water dependent activities such as fishing, water skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal will have no effect on the sustainable use of living marine resources in the Town of Southold. Policy 12 Protect agricultural lands in Ute Town of Southold. Our proposal will have no effect on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will have no eff~t on the appropriate use and development of energy and mineral resources. o ,'~,,~;: OF SOUTHOLD DA" ~._.-~,__ j/ ;./ Sift. HYDROGRAPHIC MaP Surveyed: 03-22-11 SCT# 1000-18-6-18.1 Town: Southold Suffolk County, NY Datum: A L W 1"=40' N E ROBERT H. FO) NYS PLS# 50197! Box Cf 366: Aquebogue New York 119311