The URL can be used to link to this page

Home My WebLink AboutTR-7706 James F. King, President Bob Ghnsio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hail, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE X Pre-construction, hay bale line __ 1st day of construction ½ constructed __ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7706 DATE: JANUARY 18~ 2012 ISSUED TO: ELLEN F. EMERY PROPERTY ADDRESS: 5925 NASSAU POINT ROAD~ CUTCHOGUE SCTM# 111-13-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 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 January 18, 2012, and in consideration of application fee in the sum of $250.00 paid by Ellen F. Emery and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 32 square foot observation platform in conjunction with the existing stairway system; and as depicted on the site plan prepared by Ned Harroun, last dated January 12, 2012, and stamped approved on January 18, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Dave Bergen'- Abstained TERMS AND CONDITIONS The Permittee Ellen F. Emery, residing at 5925 Nassau Point Road, Cutchogue, 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 Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the Said Board will be notified by the Pennittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 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 January 18,2012 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Richard F. Lark, Esq. Lark & Folts, Esqs. P.O. Box 973 Cutchogue, NY 11935 RE: ELLEN F. EMERY 5925 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-13-6 Dear Mr. Lark: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 18, 2012 regarding the above matter: WHEREAS, Lark & Folts, Esqs. on behalf of ELLEN F. EMERY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southoid Town Code, the Wetland Ordinance of the Town of Southold, application dated December 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 18, 2012, at which time ail 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 conceming 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of ELLEN F. EMERY to construct a 32 square foot observation platform in conjunction with the existing stairway system; and as depicted on the site plan prepared by Ned Harroun, last dated January 12, 2012, and stamped approved on January 18, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, J King President, Board of Trustees JFK/eac James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25~ P.O. Box 1179 Southold, NY 1197I Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: ELLEN F. EMERY Please be advised that your application dated December 23, 2011 has been reviewed by this Board at the regular meeting of January 18, 2012 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) __ ½ Constructed ($50.00) XX Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: Final Inspection Fee - $50.00 TOIAL FEES DUE: $ 50.00 BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 11, 2012 the following recommendation was made: Moved by Peter Young, seconded by Doug Hardy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of ELLEN F. EMERY to construct a 32 sf. observation platform in conjunction with the existing stairway system. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Inspected by: Peter Young The CAC does Not Support the application due to insufficient information. Vote of Council: Ayes: All Motion Carded Jill M Dohelly, President Bob Ghosio. Jr, Vice-President James F King Dave Bergen John Bredemeyer P.O Box 1179 Southold, NY 11971 Tclephonc(631 765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field InspectionNVorksession Report Date/Time: ELLEN F. EMERY requests a Wetland Permit to construct a 32 sf. observation platform in conjunction with the existing stairway system. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Pa~chOf Town Code proposed work falls under: apt.275 Chapt. 111 other Type of Application:l'~Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: --cc, ~6'~-/ /t'c'~ag ~¢,,, r Pres ntWere' ~J. King B Ghosio ~D. Bergen,--~~ ~J. Breder~eyeE ' ~ ,--r'&:~ ~ther Form filled out in the field by Mailed/Faxed to: Date: AERIAL PHOTOGRAPHS EASTERLY SIDE OF NASSAU POINT SCALE: 1/400 FLOWN SPRING, 2010 Photographs are numbered 1 through 16, with Number 1 starting at the Southerly tip of Nassau Point and ending with Number 16 at the Nassau Point Causeway. (Photograph Number 9 shows the Emery property.) N OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MA1LINGADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 17, 2012 Re: Proposed Wetland Permit for ELLEN F. EMERY SCTM#1000-111-13-6 Lark & Folts, Esqs. on behalf of ELLEN F. EMERY requests a Wetland Permit to construct a 32 sf. observation platform in conjunction with the existing stairway system. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 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 CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided the following: 1. It is recommended that a more detailed restoration plan (species, spacing and survivability) be submitted for the "cut area" show on the third sheet titled "Site Plan of Stairs and Proposed Platform" 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 Use Only ~weaStal Erosion Permit Application tland Permit Application Administrative Permit Amendment/Transfer/Extension ~ce~-ved Application: ~ ~1 ~L'k,/I.| ./~-eceived Fee:$ _e2)'~'~ ~'~-mpleted Application~_JJ Incomplete SEQRA Classification: Type I Type II__Unlisted Coordination:(date sent). ~ACAC RConsistency Assessment Form '[O~ ~") ~ ~ eferral Sent: ~,i~[ ~')[~l ~f)ateoflnspection: [ !Il ] I ~' Receipt of CAC Report: Lead Agency Determination: Technical Review: ~.~blic Hearing __Resolution: Name of Applicant Ellen ¥. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) Address 121 Somerset Avenue, Garden City, New York 11530 Phone Number:( ) (516) 746-4038 Suffolk County Tax Map Number: 1000 - 111.00-13.00-006. 000 PropertyLocation: 5925 Nassau Point Road, Cutchogue, New York, 11935 590' northerly of the intersection of Wunneweta Road with Nassau Point Road. (provide LILCO Pole #, distance to cross streets, and location) AGENT: Lark & Folts, Esqs. (Richard F. Lark, ESq. and Mary Lou Folts, Esq.) (Ifapplicable) Address: 28785 Main Road, P. O. Box 973, Cutchogue, New York 11935 Phone: (631) 734-6807 Boa~ of Trustees Application GENERAL DATA Land Area (in square feet): .S3 acres (35.900+ square feet~ AreaZoning: R-40 (Residential Low Density) Previous use ofprope~y: One-family dwellin~ Intended use of property: One-family dwelling Covenants and Restrictions: Yes x No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ Yes X If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes X No Prior permits/approvals for site improvements: Agency Date NYS DEC DecemBer 7, 1991 NY$ DEC September 14, 1992 NYS DEC January 25, 1993 Southold Towfl:~Trustees January 14, 1993 Southold Town Trustees September 14, 2011 (Pending) No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: N/A PrQectDescription(useattachmentsifnecessary): Construct a 32 sq. ft. observation platform in conjunction with the existing stairway system. (See annexed letter of Ellen Emery dated December 23, 2011, with attachments: Ned Harroun's letter dated December 7, 2011; diagram of propomed prnjmer~ and ~or~l photagr~phe mf the easterly side of Nassau Point.) Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: To replace the view lost by reducing the size of the existing deck on the premises to 32 square feet. Proposed work is to be accomplished in the Spring of 2012. Area of wetlands on lot: -0- square feet Percent coverage of lot: -0- Closest distance between nearest existing structure and upland edge of wetlands: 40 + feet Closest distance between nearest proposed structure and upland edge of wetlands: 30 + feet Does the project involve excavation or filling? x No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: No change to existing 50° slope. Manner in which material will be removed or deposited: No material will be deposited or removed. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): None Boa~of Trustees Application COASTAL EROSION APPLICATION DATA Purposes ofproposed activity:_ To replace the view lost by reducing the size of the existing deck on the premises to 32 square feet. Are wetlands present within 100 feet of the proposed activity? No x Yes Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? None How much material will be filled? None Manner in which material will be removed or deposited: (cubic yards) (cubicyards) None Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) None LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS January 17, 2012 Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM %1000-111.00-13.00-006.000 Gentlemen: In connection with the above-captioned matter, I am enclosing the green signature cards from the certified mailings. Also enclosed is the Affidavit of Posting. RFL/bd Enclosures Very truly yours, ~ichard F. Lark Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Brcdemcyer 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 SOUTItOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ELLEN F. EMERY COUNTY OF SUFFOLK) STATE OF NEW YORK) [, RICHARD F. LARK 2012 AFFIDAVIT OF POSTING ,-tesi~ing~tt'-/dba Lark & Folts, Esqs. being duly sworn, depose and say: That on the 8thday of January ,2012, I personally posted the property known as 5925 Nassau Point Road, Cutchogue, New York by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, January. 18, 2012 on or about 6:00 PM. Dated: January 17, 2012 (si~ture) Richard F.~'Lar~ Sworn to before me this 17th day of Jan.20 12 Notary Public Nrta, pddC:, ~1~ d NIW YQ~ APPLICATION OF ELLE] EMERY 1000-111.00-12.00-005.004 · Complete Items 1,2, and 3. Also complete item 4 If Restricted Delive~ Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front ~f space permits. 1. Article Addressed to: Barbara Fontana Koch 6030 Nassau Point Road Cutchogue NY 11935 A. Signature X [] Addrssses S. Rec~ved by ( printed Name) C. pate o~Ti~ if YES. enter delivery address below: '{ ~] ;~s 3. Service Type ~ Certified Mail [] Express Mall [] Registered [] Retum R~ceipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) [] Ye~ 2. Article Number (Transfer from service labe/) PS Form 3811, February 2004 7010 1670 0002 1169 4476 Domestic Return Receipt JAN 1000-111.00-12.00-005. 005 · Complete Rems 1, 2, and 3. Aisc complete Rem 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca. or on the front if space permits. 1. Article Addressed to: Curt Koch 6030 Nassau Point Road Cutchogue NY 11935 A. Signatu [] B. Received by (/~dnfed Name) I C. Date of D~llvee/ D. Is de[iveryeddressdifferent fromitem l?J O Yes~' If YES, enter delivery address below: [] No 3. Service 3ype r~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restrlca~ Delivery? (Extra Fee) [] Yes 2012 2. A~ticle Number (Transfer from sen/ice labe. 7010 1670 0002 1169 4513 PS Form 3811, February 2004 Domestic Return Receipt 1000-111.00-13.00-005. 000 · Complete Rems 1, 2, and 3. Aisc complete Ram 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Daniel P Orlando Sandra L Orlando 30 Hillcrest Drive Pelham Manor NY 10803 2. Article Number (Transfer from service label If Y~:S, ester delivmy address beJow: [] No 3. Service Type I~ CedU~d Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) n Yes 7010 1670 0002 1169 4537 PS Form 3811, February 2004 Page 1 of 2 APPLICATION OF ELLEO. EMERY 1000-111.00-13.00-007.000 · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addmssed to: Krupski Family Limited Partnership 95 Laurel Hill Road Northport NY 11768 B. Received by (Printed Name) C. D. ~, ~e~iv~y ~dd,.~ d~t~ %~ D Yes If YES, ent~ delive~ad~ ~"~ No ~] C~m~d Mail [] Registered [] Insured Mail [] Expr~s Mail' [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7010 1670 0002 1169 4520 PS Form 3811, February 2004 Domestic Return Receipt 10259~02-M-1540 Page 2 of 2 RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com January 12, 2012 2012 Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111.00-13.00-006.000 Gentlemen: In connection with the above-captioned matter, I am enclosing the Proof of Mailing of Notice with attached certified mail receipts. Very truly yours, Richard F. Lark RFL/bd Enclosure PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS dAN ! 53 2012 Name: Barbara Fontana Koch Curt Koch Daniel P Orlando Sandra L Orlando Krupski Family Limited Partnership Address: 6030 Nassau Point Road, Cutchogue, NY 11935 6030 Nassau Point Road, Cutchogue, NY 11935 30 Hillcrest Drive, Pelham Manor, NY 10803 95 Laurel Hill Road, Northport, NY 11768 STATE OF NEW YORK COUNTY OF SUFFOLK BARBARA DIACHUN ,residingat 875 School House Road, Cutchogue, New York , being duly sworn, deposes and says that on the 9th day of January ,20 12, 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 there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutchogue, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Barbara Diachun Swom to before me this 1Zth Day of January .,20 12 ,l~/o~ary Public UN=IYLOU FOLT~ Noflap/Public, Sate of New Yod~ No 01F010008.58. Suffolk Cour'd,/ APPLICATION OF EMERY 1000-111.00-12.00-005.004 Po~ta0~ ~0.44 0935 Return Receipt Fee (Endorsement Required) Barbara l%nt:ana Koc ~ ~;~7 ....................................................................... [o~¢oeo~o. 6030 ~assau ~o$~C ~osd 44N 1 3 20;2 1000-111.00-12.00-005.005 $2.85 $2.30 $ $5.59 Curt Koch g~l-~'~t; ~'tF ~;F ..................................... ] ................................ [ci~s~,o,z,~+4 Cutchogue ~ 11935 1000-111.00-13.00-005.000 Postage Certified Fee Returr~ Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) TQta[ Potage & Fees $2.85 $2.30 $ $5.59 Page 1 of 2 · APPLICATION OF EMERY 1000-111.00-13.00-007.000 [ Krupskl Family Limited Partnership ~:-~:~:~ ....................................................................... [orpOSox~o. 95 Laurel Hill Road /~,'~'~,'~,-~,-~>~-"~;~'~'~='=~--~-'Yi'>'68 Page 2 of 2 ~N i 3 20~2 Town of Southold Erosion, Sedimentation & Btorm-Water Run-off ASSESSMENT FORM ~,~-=~ L(X~IlOW &C.TJL ~ THE I~LLOW]N~ AGT~I~ MAY lllll~lll~ THE MIBNIE~ON OF A SCO]~OI?~gOR[. PROPOS]~) CON$i~UCHON ~1~ t J WO~~ J ~~~n) ~ ~ ' ~s ~.) Construction of a 32 s~uare foot ~s~~'~. 3 observation deck attached to lover the oxisti~ ai~=~ system. ' (~F.)~M~W? ~'~ o~ ~%.......~ ............ ~ ~ i~ ~ .... ~ ..................................................................................................................... ....................... ............ ~ ....o~a~m~.!~. N~ ~: ..~..~ ................................. FORM - 06/'10 8HOET EN~RQ~NMENTA/MS~MENT FORM PAR¥i :~ PROJiK:T ¢IdPCX~MA'flON !~PRL.~/',!PO~ Ellen F..Emery Trustee of the Ellen F. ~mery Town of Southold Ellen F. Emery Residence Platform Project Suffolk i925 Nassau Point Road, Cutchogue, New York (SCTM #1000-111.00-13.00-006.000) Construct a 32-square-foot lower observation platform. : 83 :~R 01?4~tt 1~L~TR~ Southold Town Building Department Certificate of Occupancy ~nt_,. ~/~f~. ~//I..~-'~~ Sl)J~ Rams ~lle ~/~. Emery (Trustee) Date'. 12/23 /ll PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE ( THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coo~inate the review process and use the FULL FAF. B. V~/ILLACTIONRECEIVECOORDINATEDREVEWASPROVlDEDFORUNUSTEDACT1ONSIN6NYCRR. P~617.~ IfNo, anegaflve dedarabe~ ma._[..be superseded by anoU~' kwdved agoncy. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritton, ff legit~e) Cl. ~ng ak qualib/, surfaco or groundwate~ quality or quantity, no~e levels, exls(leg Im tT~c pattern, solid waste pmduc~on or disposal, potentlel for emskm, draleage or flooding probtems? Explak~ beer~. C2. A~,G .~c, agrleultumL archaeological, historic, or other nature{ or cultural resoumes; or community or nelghbedmod character? ~:~.~i. brlelly: c3. l,=u,~,,,~on or fauna, r~sh" '-" .... ~' "' ' orwikllifespectes,~,..,~.,mhabaats, orft.~.ate~edorendangem~?..,.?,,~beeey:" I . a, ,-~,,,,,,m#Y a . Ple~s or gsa s as ..,,,,.,~.y ,=,,..,v ud of a change In use or Iote~sle/of usa of lend m' other natural res~rees? Explain txlefly C5. (Jrowth su0sequon( deve~o[J,,.:, t, or related acfivi(les likely to be induced by the proposed action* Explain beefly C6. orlg term. sh<xt term, cumulative, or othe* effects not identireed in C1~:;57 Explain bdetiy: I '- C7. Other Impacts ~including cflanges in use of either quanti~y of ~pe of onerg},? Explain bee~: I, , D. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERiSTIC~ THAT CAUSED THE ESTABLISHMENT OF A CRITICAl PART iii - ut= ~ ,.~.;;;;ATION OF SIGNIFICANCE (To be o~Ttpieted by Agen<~) . INS11TUC110NS: F~each~dvemee~ct~dent[~ed~b~v~de~erndnewhe~heri~ssubst~ntia~*~arge~knp~1a~r~s~n£ Each effe<~ should be ~ _.-e~_sed in ~ with Its (a) ~et(ing (i.e. ual)an or rural); (b) prol~lity of o<:x:(mt~g; (c) duratio~ (d) In'evefa~41ity;, (e) geogmpldc soope; and (f) magnitude. If necessary, add attachments or reference sup~g ma~edab. Ensure that explanations WILL NOT result le determh~atim~, any r~4lnlflea~ adverse envkortm(mtal Impacls AND prmdde, oll attaslmtor~ as ftecossory, the feasorls ~portlng thl~ Board of Trustees Name of Lead Agency Date · , President Print or Type Name of Responsible Officer in Lead Ageecy *Frae of Responsible Office~ Signature of Responsible Officer In Lead .~]ency S/gna(the of Preparer (If diffemn( from responsible officerJ o£ T~ustee$ ~piicationO County of Suffolk State of New York ELLEN F. EMERY BEING DULY SWORN DEPOSES AND AFFIRMS THAT I~E/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF III~/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Ellen F. Em~ry Signature (Trustee) SWORN TO BEFORE ME THIS 23rd DAY OF December ,2011 Notary Public AUTHORIZATION (where the applicant is not the owner) I, Ellen F. Emery (Trustee) (print owner of property) residing at 121 Somerset Avenue (mailing address) Garden City, New York 11530 or Mary Lou Folts, Esq.) dohereby authorize Lark & Folts, Esqs. (Richard F. Lark, (Agent) Esq. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owners signatUre)~ ~ Ellen F. Emery (Trustee) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a 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 explanadons of each policy conta'med 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 Plannin~ Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 111 13 6 The Application has been submitted to (check appropriate response): Town Board [-~ Planning Dept. [] Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: To construct a 32 square-foot lower observation deck. Location of action: 5925 Nassau Point Road, Cutchomue. New York ]1935 Site acreage: .83 acres Present land use: one-family dwelling Present zoning classification: R-40 (Residential Low Density) If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) (b) M~ilingaddress: 121 Somerset Avenue, Garden City, New York 11530 (c) Telephone number: Area Code ( ) (516) 746-4038 (d) Application number, if any:. None Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[~ Ifyes, which state or federal agency? N/A 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 IH - Policies; Page 2 for evaluation criteria. Yes ~ No ~ Not Applicable When the size of the existing platform on the premises is reduced to 32 square feet, there will b~ a tremendous loss of the panoramic view of Peconic Bay and its shoreline. The additional lower deck of 32 square feet will basically restore the present observation view and make beneficial use of this Bay-front property. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria Yes No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ Not Applicable Restore visual quality of Pmconte gay and .qurrolmd~ng ~horol~n~ prp~ntly onjny~d by the existing platform on Applicant's property. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodlnoo and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No Not Appli .ble Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [-~ No[--~ Not Applicable Attach additional sheets if necessary Policy ?. 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~Tardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide fur public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. [-~ Yes~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoldts water-depeadent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. [-~ Yes ~-] No ~ Not Applicable AUach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southald. Sec LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. 7q yes [~ No [] Not Applicabie Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~-~ Not Applicable Created on 5/25/05 11:20 AM APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the tort of town officers and emolovces. Thc nuroose of this form is to nmvide information which can alert thc town of ~ossible conflicts of interest and allow it to take whatever action is nec. cs to avoid same. YOURNAME: Emery, Ellen F. (l~,t name, first name, middle initial, uninss you are applying in the name of someone else or other entity, such ~ a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plaI or official map Planning Other (Iff'Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a reintionship with any officer or employee of the Town of Southold? "Relationship" includes by blood, mm'riage, or business interest. "Business inten~t" means a business, including a pm'morship, in which the town officor or ampinyce has even a l~'tial ownership of (or employment by) a corporation hi which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES", complete the balance of this form and da~e and sign wheva hidlcated. Name of person employed by the Town of Southold Title or position of that person Dcacribe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock oftbe applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non~corporate entity (when the applicant is not a corporation); C) en officer, director, pa~er, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP None Form TS I Submitted~s~rd dl~oSDecember ~ 2011 PfintName Ellen F. Emery APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Fxhle~ t~rohibits conflicts of interest on the nert of town officers and emtflovees. The Dumose of this form is to provide informatlnn which can alert the town of ~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Lark, Richard F. (Lasi name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.). Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, man/age, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Snothold Title or position of that person Describe the relationship between yourseff (the applicant/ngent/representative) and the town officer or employee. Either cheek the appropriate line A) through D) and/or deseriha in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% oftha shares of the corporate stock oftha applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicang or __D) the actual applicant. DESCRIYFION OF RELATIONSHIP None Form TS 1 · ' 23rd December Subm~ttedth~s davof ~, ~ ~x 2011 PrintName ~ichard ~. ~'~rk APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Rthia~ orohibits ~'m flie~ of interest on the tort of town nm~.n and emolovces. The ~u~ tn~i~ of this form is to movide ilfformatifln which can alea the town I~.a~mv to avoid YOUR NAME: person's or company's name.) NAME OF APPLICATION: (Check all that apply.) T~x grievance Variance Change o£Zone Approval of pint Exemption fsom plat or official map Other (If"Other", name thc activiw.) Folts. Harv Lol,t (Last name, that name, middle initial, unless you are applying in the name of someone ¢isc or other entity, such as a company. If so, indicat~ ~hc other Bu~d~ Trustee X Coastal Erosion Mooring Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee oft.he Town of Southold? "Relationship" inoludes by blood, matring~, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a cosporation in which the town officer or employee owns more than :5% of the shares. YES NO X If you answered "YES", complete the balance of this form and time and sign where indicated. N~te of poison employed by the Town of Senthold Title or position of that person Descril~ the mintioeship between yunrscff (thc applicant/ngunt/~tative) ~md the town officer or employce. Either check ~he appropriate line A) through D) unWor desurik in the sgaes provide. The town officer or cmployne or his or her spouse, sibling, porcnt, or child is (check all that apply): A) the owner o f gnv, ater than 5% of the shams of the corlX)mtc stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-co~orato entity (when applicant is not a ne~oratien); C) un officer, director, partner, or employee of the applicant; or D) the actual applicant, DESCRIPTION OF RELATIONSHIP None Form TS I SubmiRedthis 23rd dayof D~ecemb, er ~c 2011 Signature ~ c2<.~-~/~~ -- Print Name Mary~'Lou' Folts ELLEN F. EMERY 121 Somerset Avenue Garden City, New York 11530 December 23, 2011 Southold Town Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM %1000-111.00-13.00-006.000 Dear Members of the Board: I have previously indicated to the Board of Trustees in my application dated September 14, 2011, that my property at 5925 Nassau Point Road, Cutchogue, New York is my secondary residence. During the course of the year I spend weekends, holidays and a great deal of time during the Summer months enjoying this property. It is my understanding the Board of Trustees, for reasons best known to them, has mandated in my first application that I reduce the size of my existing platform on my bluff from 67.20 square feet to 32 square feet. I need not remind the Board that this platform has existed in its present location since 1969 although it was rebuilt in 1993. I have personally used this platform for the last 25 years as a place to entertain my family and friends. Weather permitting, it is a wonderful place to enjoy snacks and social conversation with friends along with the spectacular views of Peconic Bay and its shoreline. It also is a very tranquil place in the early morning hours to watch the sun come up across Peconic Bay. The only practical way to reduce this platform to 32 square feet is to eliminate the easterly one-half. This reduction will virtually destroy my current view of the shoreline and bay. Today, if I sit on the existing bench which is the westerly portion of the platform, there is little or no view to the north and very limited view to the south. The northerly view is blocked by the trees on my neighbor's property and the southerly view is compromised because of the shape of the bluff on the neighboring properties. At present, when I stand on the easterly portion of the existing deck the views are still spectacular. Reducing the size of this platform by 50 percent to 32 square feet causes me an economic loss as well as limiting my ability to use it for social activities. It also deprives me of my view that I have enjoyed for the last 40 years. This is just not fair or equitable for this to happen for no reason. I have discussed this dilemma with my contractor, Ned Harroun. He has analyzed the problem and I believe he has come up with what I consider an acceptable solution. I am enclosing his letter to me dated December 7, 2011 with the exhibits and aerial photographs, and as a result I am making application to have this additional 32 square foot deck as proposed by Mr. Harroun. I would sincerely appreciate the Board's consideration of my application to help solve this problem. Very truly yours, Ellen F. Emery,/- 0 ISLAND TREE AND LANDSCAPE 61505 Main Road Southold, New York 11971 Ned Harroun, President NYS Certified Arborist #0178 Telephone: (631) 765-1963 Cell: (631) 365-9673 December 7, 2011 Ellen Emery 5925 Nassau Point Road Cutchogue, New York 11935 Dear Mrs. Emery: As you are aware from our prior conversations, I believe the Town Trustees are going to issue you a permit for the work done on your bluff this past Spring, as well as the work to complete the project. However, the Trustees have decided that your existing platform (which by survey is 8' by 8.4', 67.20 square feet) has to be reduced in size to 32 square feet. I apologize to you because I had no idea that this platform, which had existed in this spot for almost 40 years, would have to be reduced in size when I made the minor repairs and replaced the floor/ng. As I stated, I never believed that the Town Trustees would require you to reduce the size of your platform when you consider the numerous properties on the easterly side of Nassau Point facing Hog Neck Bay and Peconic Bay that have similar and larger platforms on the bluff area. What is particularly upsetting to me is that when I make the size of this platform smaller, you will lose a substantial mount of your view. Due to the shape and contour of the bluff on the eastern side of Nassau Point, when the deck is cut back towards the bluff you will lose a great amount of your view to the North and your view to the South will be also restricted. The point I'm making is, the further out from the bluff, the more visibility that you have. To find a solution, I walked along the beach to inspect the bluff on neighboring properties and looked at aerial photographs as well as maps and on the website Google Earth. I found many of these properties have various sized decks and platforms in different locations. I wondered why, and then I looked at their position on the bluff, especially the multi-deck properties, and saw that the decks are placed in different positions in height so the observation view is improved. I then explored the possibility of where to locate a second platform of 32 square feet on your bluff to achieve the same view that you will lose when the existing platform is reduced in size. I think I found a good location for this second platform and have prepared two sketches, which I am enclosing for your review. I am also enclosing a copy ora site plan where I reduced the size of the original deck to 32 square feet and sketched in the proposed additional platform. The location of the proposed second platform almost completely restores the view that will be lost when the existing platform is reduced in size. You should know that 25 properties on the easterly side of Nassau Point facing Little Peconic and Hog Neck Bay have one observation deck; 10 properties have two observation decks; 14 properties have three observation decks; and five properties have four observation decks/platforms. There are also several beach cottages and very large decks on the top of the bulkhead on various properties. This totals 54 properties that have platforms and/or decks. I am enclosing a series of aerial photographs of the eastern shore of Nassau Point. You are probably familiar with many of the properties since you have lived there for such a long time. What I am telling you is that you are not asking the Board of Trustees for anything that many of your neighbors don't already have. The additional 32 square-foot platform is in compliance with the existing wetlands law. This is important because if you have to make any repairs in the future, you will not have the problem that I created due to my mistake in doing the work without an updated permit. I believe you should make application for this second platform as soon as possible so that all the work can be done next Spring. If you wish, I would be glad to meet with the Board of Trustees at your property to explain how I arrived at this particular location, although I think it is fairly obvious when you walk up and down the stairs. Further, I believe the second platform will fit in quite nicely with the existing terrain and will compliment the bluff. All of the work will be done by hand so that there will be minimum damage to the bluff, and the posts to support this deck will be hand-dug with a post-hole digger. There will be little or no problem in rearranging the pitch of the stairs to accommodate this second platform. If you want to make any revisions to the drawings, do not hesitate to contact me. Sincerely, Ned Harrourt~ Encs: Sketches showing proposed second deck; Site plan of December 7, 2011; Aerial photos of Eastern bluff, Nassau Point. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 RICHARD F. LARK MARY LOU FOLTS Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts~aol.com December 23, 2011 Southold Town Board of Town Trustees 54375 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Application of Ellen F. Emery (Trustee) SCTM %1000-111.00-13.00-006.000) Gentlemen: In connection with the above-captioned matter, I am enclosing the following in triplicate: Board of Town Trustees Application, dated December 23, 2011. 2. Short Environmental Assessment Form. o Town of Southold Erosion, Sedimentation & Storm- Water Run-off Assessment Form. 4. Authorization of Ellen F. Emery (Trustee). 5. LWRP Consistency Assessment Form. Applicant/Agent/Representative Transactional Disclosure Forms for Ellen F. Emery, Richard F. Lark and Mary Lou Folts. o Site plan showing original deck reduced to 32 square feet and proposed new platform of 32 square feet. 8. Check to Town of Southold in the amount of $250.00 for the filing fee. If Kindly advis, e me scheduled. RFL:mdh Encs. you need any other information, do not hesitate to contact me. of the date and time of the hearing as soon as it is Very truly yogrs, Ned OLDS NO MOIA MO W ~p~e~ APPROVED BY BOARD OF TRUSTEES