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HomeMy WebLinkAboutTR-5161 0 CT 19 2006 - JAMES H. RAMS01 INC. ti pis) ��;vE October 12, 2006 cc �� �I VI J PHONE (93:)283-1254 Mrs. Helen en JJ s31;734 5358 P.O. Bo 43 X, Sou ld, NY 11971 Dear Mrs. Alberi, I am writing to you as an acquaintance and friend. Since becoming involved with the replacement of the bulkhead at the property owned by Mary Zupa, I have become increasingly distressed by the ongoing adversity between the Paradise Point Association and the Zupas. As an owner of Paradise Point property, you should be aware of the facts that affect the value and liquidity of your property. It has become apparent that a small group controlling the Association are not disseminating all of the facts to all of the property owners. First, you should be aware that the courts have made a determination that the Basin is not owned by the Association, but rather is owned by the Town Trustees under the Andros Patent. Second, the Association dock structures in the Basin are illegal. No permits for any dock structures exist. The NYSDEC and the Town Trustees have the evidence giving them the power to order the removal of the docks. This evidence proves that the docks are not 'pre-existing non-conforming'structures. Third, a violation issued by the Bay Constable on order of the Southold Board of Town Trustees requires that, at a minimum, the two smaller docks be removed. To date, only the remains of the derelict dock has been removed. The Association's marine contractor has been instructed to leave all else in place. The appearance date for the summons has been'postponed indefinitely'. Additional violations will follow if compliance is not achieved. Fourth, the NYSDEC has issued a Notice of Violation to the Association that cites 9 violations with a potential for fines to accrue at the rate of$10,000.00 per day. The Association has been given 30 days to remedy the violations (i.e. removal of all dock structures). Fifth, the Zupas have made a good-faith settlement offer to the Association that has been rejected out of hand. The offer provides for the transfer of a 75' x 75' area at the terminus of Basin Road that would provide fee-title ownership of real property with frontage on the Basin and area for the long sought after'turn-around'. Ownership of the land would enable the Association to make an application for a dock,independent of any third party. In exchange, the Association would relinquish all rights to the deeded easement and the prescriptive easement. Of course, this offer assumes the issuance of a Building Permit to Mary Zupa by the Town. Failing this opportunity, the Association is looking at years of protracted litigation, including the collection of over $90,000.00 for bulkheading and restoration of the Association's deeded easement area. As long as this situation is allowed to continue, the value and marketability of your property is adversely affected. Town officials are at a loss to understand the Association's rejection of this offer. I strongly urge you to consider these facts. The Association's Officers and Board of Directors have a fiduciary responsibility to it's members. You need to consider whether or not your interest is being fairly represented. I urge you to speak out, question your officers and directors. Sincerely, �vi-f//r(QSC� Thomas E. Samuels , •F1�1 C 1'!�'SIAND INC • FAX NO. 631-878-9961 . Jan. 23 2606 04.02PM 'PI DEPARTMENT OF THE ARMY . MW YORK RKMW;CORPS OF EMMEERB .u:Coe K JAWS MCFAL SURDWO NEW YORK N.Y.102 "M, APR. sxrto JAN 20 MIRMa► Si1SI!,gt11 Pe={Oi.ta section SUgJSCT: Application No. 2004-00115-1-L2 by Mary S- zupa VaryS. Zupa C/o Catberiile XesianO, Inc. ... 13 Mill' P=d Lane east MOrigh", New York 11940 Dear Ma. ZUpa,: ti In ,rsspanse to your. letter•dated November 4, 2005, regarding the subject prcjeet previously authorized by •the 13ew- �°�k 2005, District of top U.S. Army. Corps of Engineers on Augur g �}.aiiLl z4d Ma}y S: Zupa to dredge approximately 190 cubic the mouth of the existing boat basin, yards of clean sated within four feet below mean low wateran to be dredged to a depth of area approximately 30 feet wide by 140 fret long. App 50 cubic yards of the dredged material would be placed along a 60 loot wide. by 100. foox :long:area• as bgach nourishment east of .the dredgegl pits,. and. installation .of a•,60, foot long geotube would bs•,p�eced;;at;the, tee :of. khe, easterly• section of_the-:existin f*Wwao for •temp9r4zTY storage:. is.apprexdt - iniY 150 cubic yards of, dredged ioateiial.:•• •The ,site is . locat4d •• d, suffolkSOutholCounty, pheiter I614nd:Sound in.the Town of Southold,,. Suffolk County, New Mork: By letter dated November 10, 2005, the applicants agent Catherine Mesiano, requested a modification to eliminate the 60 foot long geotube and include the installation of a 52 linear foot low-sill bulkhead, replace, in-place approximately 500 linear fopt long timber bulkhead, install a 4-foot wide by 4-foot long step-down steps leading to the beach and place along 112 i B 'foot.''section.10W1500 poili - of rock at the• eastarlYroximgsection f' the existing jetty.' Also, re-vegetation of app square feet would oc fr 1 8ainches on center Pluslabsectio with n of s buffer area, We hereby reconfirm that the proposal is still permissible under Department of the Army Nationwide Permit Nos. 3 and 19 tt3l;syQust-: �: 20Q7. :.:This remains eubjeCt. tothe rev mp and conditions of :N¢biK nwide•;..Ppr�O�,t, No: •,.3 ..at�d dxaw4wa dafe4Jff �►emti?er, 3,••2095.• the':attached 'R 9ional:: • : . . . .. �qt iti0ts$k .:the.,Nationwide Parmii. General ;Condi�ions• listed :in Section C;9f the January 15, ZOQ2 Fe derai.•.Register;. •Final N°tics of .Issuance,• Reissuance •and M! dification •of Nationwide Permits _ _ , , i. . .9-11 -..,;,,., q.,Pr;:,1 ' condition. .r; Y i Special Condition (A) The permittee understands and agrees that, if future operations by the United States require removal, relocation, or other alteration, of the structure or work herein authorised or if, in the opinion of the Secretary of the Army or bis authorised representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Magi- rs, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on acOount of any such removal or alteration. If you should have any questions regarding this matter, please contact Ms. Denise Butts, of my staff, at (917) 790-8513. Sincerely, el G. vies Chief, Eastern Permits Section i Vd WdB0:V0 908E sE 'ef 7968-8L8-T£9 •UI XGA JNI DOIS34 0WD2Li an >grtpgwl Crftg SOOVOMW doiAtloI t Hm Y f-067 ^PP BNYS Iti Iv K�IIIM `� a . L'lp�Fa20Yi:A A:: I .T.Z '('Lrif1!• �7 , AX„y Gt3:::•.::OtiS OF SCALE P- 6(7 rm-1.1R '0. Felotatrf _ pM Southold Bay - - ., atilt 1s 61p�c beattj to bo rsn4urti►ac1 r11lh ■ SO ayy�motmial (all dww HMN i ��„�.. u ~ A/o�YbbOayyro��ird C. IOW r, 19�a,ydtiJ. � 1• Li Y 4 1' y ��N'M hayvo D� 11 Y1 ... •..r l� Lt Q ZXZ ..r� dtu•eL•�Iy �' ta�►P+l�a'. a� � ��ppppa��ID i itldlor�ldiN � PA boo at lit, 119, Y � NV taa /Vnula�a ori - ROIyRT Y .vfv Yw ...wn� New York State Depallent of Environmental Conservatn Division of Environmental Permits Building 40 - SUNY, Stony Brook, NY 11790-2356 AM- Telephone 1631) 4440371 Facsimile 1631) 444 0360 ftwo Webaits: www.dec.state.ny.us _ Denise M. Sheehan Acting Commissioner April 15, 2005 4 Mary Zupa 65 Paradise Point Road APR - 5 Jo Southold, NY 11971 RE; 1-4738-03029/00005 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 62 1) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, George W. Hammarth Permit Administrator GWH/ls ,� . NEW YORI TE DEPARTMENT OF ENVIRONMENTAL COORVATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-03029/00005 April15 2005 FACIUTY/PROGRAM NUMBER(S) 4 0 PERMIT EXPIRATION DATE(S) Under the Environmental April 30,2010 Conservation Law TYPE OF PERMIT■New ❑Renewal❑Modification❑Permit to Construct ❑Permit to Operate ■ Article 15,Title 5: Protection of Waters ❑ Article 17,Titles 7,8: SPDES: ❑ Article 27,Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 15,'rite 15:Water Supply ❑ Article 19:Air Pollution Control ❑ Article 34:Coastal Erosion O Article 15,Title 15:Water Transport ❑ Article 23,Title 27:Mined Land Management Reclamation ❑ Article 15,Tito 15: Long Island Walls ❑ Article 36:Floodplain Management ❑Article 24: Freshwater Wetlands ❑Article 15,Tito 27: Wild,Scenic and ❑ Articles 1,3, 17, 19, 27,37;6NYCRR Recreational Rivers ■ Article 25:Tidal Wetlands 380: Radiation Control ■ 6NYCRR 608:Water Quality Certifica- ❑ Article 27,Title 7; 6NYCRR 360: tion Solid Waste Mana ement PERMIT ISSUED TO TELEPHONE NUMBER Mary Zupa (631)765.6112 ADDRESS OF PERMITTEE r 4565 Paradise Point Road Southold NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Catherine Mesiano Inc. 12 Mill Pond Lane Center Moriches NY 11940 631 878-8951 NAME AND ADDRESS OF PROJECT/FACILITY iupa Propertv. Paradise Point Association Boat Basin 580 Basin Road Southold SCTM# 1000-81-1-16.7 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk I Southold Southold Ba DESCRIPTION OF AUTHORIZED ACTIVITY: Maintenance dredge an irregularly shaped Brea of boat basin entrance channel to-4 mean low water and pnmp the resulting 190 cubic yards of material a temporary drying site on the upland portion of the permittee's property. Place up to 50 cubic yards of the dried material landward of the line of apparent high water on the beach seaward of the pennittee's bulkheading. The remaining material will be removed to an upland location for final disposal. All work must be done in accordance with the attached plans stamped NYSDEC approved on 4/15/05. By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2&3)and any Special Conditions included as part of this permit PERMIT ADMINISTRATOR: ADDRESS Georae W. Hammarth R ion 1 Headquarters, Bldg.#40 SUNY Stony Brook NY 11790-2356 AUTHORIZED SIGNATURE DATE / Page 1 of 4 ,� � April 15, 2005 NOOK STATE DEPARTMENT OF ENVIRONMENTAL CON TION SPECIAL CONDITIONS 1. Dredging is prohibited fromJune1 -September30ofeach yeartoprotect spawning shellfish andlorspawningfinfish. 2. Excavated sediments shall be placed directly into the approved disposal site or conveyance vehicle. No sidecasting (double dipping)or temporary storage of dredge material is authorized. 3. During the dredging operation,the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed"bucket" equipment. 4. Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the Department. 5. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland)and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 6. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas landward of the existing driveway. DEC PERMIT NUMBER PAGE 2 Of 4 1-4738-03029/00005 NEVWQRK STATE DEPARTMENT OF ENVIRONMENTAL CON ATION ADDITIONAL GENERAL CCWTIONS FOR ARTICLES 15(TITLE 5),2WR,34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health,safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit,the structure,fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall,without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or Fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission,consent or approval from the U.S.Army Corps of.Eng ineers,U.S.Coast Guard,New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taker to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all orany portion of the uncompleted structure orfill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977(PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and retumed, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by: One sheet prepared by Robert Fox, L.S. dated amended 4/23/04 and stamped"NYSDEC Approved 4/15/05." DEC PERMIT NUMBERPAGE 3 of 4 1-4738-03029/00005 NEW STATE DEPARTMENT OF ENVIRONMENTAL CONSE ON NOTI TION OF OTHER PERMITTEE OBLIG NS Item A: Permittee Accepts Legal Responsibility and Agrees to IndemniflcaUon The permittee expressly agrees to indemnity and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees,and agents("DEC")for all claims, suits,actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in Connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims,suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits,or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Kom B: Permittes's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL GONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAIDA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities(SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification,suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terns or coTditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 OF4 1-4738-03029/00005 RETURN THIS FORM TO: CM;LIANTC OR FAX TO: 631 297 Mar4a Habitat Protection NYSDEC Sukft 40--SUNY Q 1790-2356 PERMIT NUMBER: I_����010 "i �1ISSUED TO: ��R Y 2LAP 1 PROJECT LOCATIONIADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear W. PW%Mht b General Condition N g of the referenced permit you we hereby noMW that the sudwrized activity shall cammenwe on VW owWy that we haw read the referenced permit and approved plans and fully understand the autihmizW project and all permit conditions.VW*have Inspected the project elle and can complete the project as described In the permit and as depleted on the approved plans. We can do so In full comptiarma with aI plan nates and permit corWitions.The permit sign,permit and appmvW plans will be WdMbls at the eke for Inspection in 000mlanos with general Condition No.1. (Both elgodures requir" PERMITEE DATE CONTRACTOR DATE 7NISNOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECTAND 9RANV ASSOCIATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE -000111TAND APPROVED PIANS AVAILABLEAT THE WORK SITE FOR THE DUR477ON OF THE PROJECT MAY SUBJECT THE ':ONTTEEAWOR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT �htDITI0N3. _� orh�_althis lines rc ---- s` a °`_......_ .__........ x..............._..... �`............._........_ s - - __._..._ NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-444-0297 Marine Habitat Protection Aft NYSDEC _ BWMft 40-SUNY Stony Brook,NY 11750-2= PERMIT Nt1MBER: ISSUED TO: PROJECT LACATIOWADDRESS: OONTRACTOR NAME. ADDRESS: TELEPHONE: Dsr SW Purtant to GwwN Cwm lffw N 0 of the referenced Permit,you ars hereby notified that the authorized activity was completed on We have fully complied with the terms aril condltionhs of the permit and approved plans.(Both signatures required) PERMITEE DATE CONTRACTOR DATE 7FM8NOT= WINPLETED SURVEY,ASAPPROPRIATE, MUSTSE SOT TO 7W ASOVEADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. FSoutho5i'd-, Y�BW " • ?W' °rsM Cross Sections Applcmt New York 2SGALI! 10A v u e c LpFy, 12-23-22 r,.O'r : TEn�,r ex an Low WatttlP' ;.AND cc>;:...: _s OF _ bkd MHW SCALE 1's 60' PEF.`.:iT :0. vo 3 I On 2 DATE 910pe3 _ -4 HUN) 5 o u t h o i d Bay B ex. l,(px, beach to be renourlshed with B ., „ 1a drift bled, °e dredged material fall above HWMJ 4h 'QAreat WedpJ 50 G. S. MHW Cut 1�-�--m--�``I� •' ,b Qum-4,� 4 LLL.R1f ,• " (eppamc.190e.ydIL) Pinned .\ •.• ee ace cuen A-A �., c c " ,♦♦ Dr Material d�Inq site existing grade _' " max 150 c. . . 1' de ' ____t' materlal after drying. offsite 20 after drying. A ' Dl'edgEd ms,ed•1 TA MLW(E g mm 1:10 n �.r A•LOVE (•pP'ux.50 c.yda.) s66 wcdm B-B . ( -------------------------- r 3 I f!.b A. , 11 IiQ ,a.e i ------------'_._000-6 --------- --- r �1pdj pdm ppi . 1T< p4 �. Q pOF\t 64 Ie 16. (sax I'JQIldb)• i Ie 1 . 1'11"7 p"il*RIN 40' O)0r;P 99TEVEL a o,MAPPING : :� THIS fn-OT HAS OE�VELOPED .6 UST MAIN STREET FS n� FROM SURVEYS OF 12-21-03 Z=EAO,NY I"km 691-72.1-5757 L.. ROBERT N. FOX,NYS LIGE 30197 sheet I Of I e/25a 4 1.2e.04AM Wbl! aNw-iSoe.Im ON W20-1(11,03)-Bd New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work, being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval,. contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number g'b D q�2S JOHN W. PAVACIC Expiration Date NOTE: This notice is NOT a permit James F. King, President ��a SoUJyO Town Hall Jill M. Doherty,Vice-President 53095 Route 25 y P.O. Box 1179 Peggy A. Dickerson T Southold, New York 11971-0959 Dave Bergen H John Holzapfel Telephone(631) 765-1592 li)CO ' Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed V/ Project complete, compliance inspection. ( t 1 a• A � . 1 • 1 1 �� Iia. . h }} 4 I - r , / : 111 • • /L/� iGi.I.-I.. � 1.. l''. If/ /Jllf� `V• 1 a + \ E �/ II .•+<`✓'f'.a',' ,y-y„�.;-.��..JT,r`I:Y''-' , ✓'�' v e✓' �' ✓ �". i3•'r•_�, TERMS and CONDITIQNS .W Peraftw Paradise Point Assoc. Basin Rd. , Southold. SCTMll81-1-16. 1&16.7 a • •- - N. Yry ss...' parr of the coosideradoa for the ksuaaa of the Permit does uadetstaod iced ptefcrllm to the fol L Thur the said#imrd of Trustees and the Town of Soudald arc rdmcd from any and all damages, or dslm for damsi^ of suits arising:4im4y or tudireaiy as a nsult of any opet- 4W_ 4 fid t�ermittoe wiliu.bis or Ger own ewe, de&adany stud all such salWinidsted ly third4istdes, and the said Ptroxifte assamoes full laillty with respsxt dterao. to We�e eulusion of the Board of Trustees of the Town of Southold. 2. That this Perrtdc 1s "lid for a period of mos. whidr is d*d&*d to be the esdmated tone-required to complete the work involved, bit should drdmumtes wartanr, request' for an a motion may he made to the posed at a later date: $. Tbat this Pemk should be retained indefinitely, or as long as the said Permittee wishes 0o•maintain the structure of project involved, to provide evidence to anyone concerned that lath- odsodon was originally obtained 4. That the work involved will be subject to the bzs o"m and approval of the Board oe IN agents, and am-compliance with the provisions of the odglusting application, maybe cause for revocation of this Permit by resolution of the said Board. S. That there will be no unreasonable interference with navigadon as a result of the vrodc budn authorized. 6. Thu time shall be on interference with the right of she public to pass and tVm done the beach between blgh and low water marks. t 7. That if future operations of she Town of Southold require the.removal stot1,/or altaadoos I& the lots b of the wodr berda mdwdzed, or 14 in the oph"of-46&Hose4 of Trustees, the. wak..shsll cause unreasonable obstrucum to free navigadon, tho said Pe mltax wlll be feq*4 rupees tkae notice, to remove or alter this work or project herein stated widsopt eqenses to the Town • . of Soutliotd. � . e. That the said Board will be notified by the PerWttro of the ampiedon.:of the work smh- 9. That she 'Pettalme will obWa an other pe mks and coomi t Oft ally be required SRI . piemea d to this pump which ally-be subject to rewire upon failuue to obtain amu James F. King, PresidentO��QF so�Tyol Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen o -_ Q.- Telephone(631)765-1892 John Holzapfel 'FcoUHi'1,N Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ADDENDUM — FEBRUARY 15, 2006 WETLAND PERMIT #6308 PARADISE POINT ASSOC. BASIN RD., SOUTHOLD SCTM#81-1-16.1&16.7 Wetland Permit to maintenance dredge two areas within the basin and inlet. The inlet area being 50'X 130' and the basin area 50'X 100'. Both areas are to be dredged to a max. depth of 4' below apparent low water. A maximum of 1000 cy. of material (combined) may be removed from the two areas in any calendar year, and all in accordance with the plans prepared by Inter-Science Research Assoc., Inc. dated March 8, 2006, and subject to the following conditions: Permit fee is $10.00 per cubic yard. 2006 fee is $1900.00 based upon contractor invoice for 190 cubic yards. Contractor invoice to be provided to the Town. West jetty box repair to be completed prior to dredging. West jetty box to be repaired per plans submitted to the Town. Dredge spoil disposal is west jetty box and then up to 50 cy. of dried material landward of the line of apparent high water on the beach seaward of the bulkhead on SCTM#81-1-18.7, and the remaining spoil, if any, to be removed to an approved upland source, per diagrams supplied to the Town. The association will complete the dock adjustments provided for in the Town approval. This work will be done by May 1, 2006. The work will consist of removing the outermost floating dock and relocating it to the main floating dock in the configuration approved by the Town. Furthermore, the secondary floating dock and ramp will be removed and the third dock will be removed. The secondary floating dock can be used as a finger pier and will be relocated to the main floating dock in the configuration approved by the Town. Dock configuration to comply with Permit#6209 issued on September 21, 2005. Permit will expire on April 30, 2010. James F. King, President ��Of snulyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen Aft- John eJohn Holzapfel % Ss Telephone(631)765-1892 l�C,oU Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 15, 2006 Mr. James Walker Inter-Science Research Assoc., Inc. P.O. Box 1201 Southampton, NY 11968 RE: PARADISE POINT ASSOC. BASIN RD., SOUTHOLD SCTM#81-1-16.1&16.7 Dear Mr. Walker: The Board of Town Trustees took the following action during its regular meeting held on February 15, 2006 regarding the above matter: WHEREAS, Inter-Science Research Assoc., Inc. on behalf of PARADISE POINT ASSOC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 18, 2006, 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, a Public Hearing was held by the Town Trustees with respect to said application on February 15, 2006, 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 97 of the Southold Town Code, 2 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 approve the application of PARADISE POINT ASSOC. to maintenance dredge two areas within the basin and inlet. The inlet area being 50'X 130' and the basin area 50'X 100'. Both areas are to be dredged to a max. depth of 4' below apparent low water. A maximum of 1000 cy. of material (combined) may be removed from the two areas in any calendar year, and all in accordance with the plans prepared by Inter-Science Research Assoc., Inc. dated March 8, 2006, and subject to the following conditions: Permit fee is $10.00 per cubic yard. 2006 fee is $1900.00 based upon contractor invoice for 190 cubic yards. Contractor invoice to be provided to the Town. West jetty box repair to be completed prior to dredging. West jetty box to be repaired per plans submitted to the Town. Dredge spoil disposal is west jetty box and then up to 50 cy. of dried material landward of the line of apparent high water on the beach seaward of the bulkhead on SCTM#81-1-18.7, and the remaining spoil, if any, to be removed to an approved upland source, per diagrams supplied to the Town. The association will complete the dock adjustments provided for in the Town approval. This work will be done by May 1, 2006. The work will consist of removing the outermost floating dock and relocating it to the main floating dock in the configuration approved by the Town. Furthermore, the secondary floating dock and ramp will be removed and the third dock will be removed. The secondary floating dock can be used as a finger pier and will be relocated to the main floating dock in the configuration approved by the Town. Dock configuration to comply with Permit#6209 issued on September 21, 2005. Permit will expire on April 30, 2010. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, C James F. King President, Board of Trustees JFK/Ims 6 r James F. King,President �aOF SOpj�o Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson # P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen co John Holzapfel �4 Telephone(631) 765-1892 COUNty Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: P&t�' P0 Y4 �dj0C'j- ^J Please be advised that your application dated ///P/D'6 has been reviewed by this Board at the regular meeting of //r/0 6 and the following action was taken: (_" ) Application Approved (see below) �) Application Denied (see below) �) Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: P L') b (' S� �^)"`� jn s 011 6 ,1 ren. a�.�-�f � a r1u � I rr Ic "y�J TOTAL FEES DUE: $ 56 4 Rm BY: James F. King, President Board of Trustees FEB-15-2666 1457 FROM: 631 298 8565 T0 41 P.081/003 3 Law Offices WIG<HAM,BRESSLER,GORDON & GEASA,P.C. 7.3015 Main Road,P.O.Box 147A mattitack,New Xork 11952 631-298443 Telefax no. 631.298-8565 This MOn transmission contains jnfomratioon confidential and/or legally privileged. It a iat dell a unmodi by so that we to whom it is directed. if you have r¢ceived this teleeopy in error,please nonfy u by cD oan arrange for the rd=of the docu(rnetas to Atpossible t the number n costyou- youo not o receive all (offtthe pagan tndicocd, pleese call From (�N�. ji. S Re: I� � GSd r Gay Y10� Cotztmenis: qk.�� W T4tis is page one Of FEB 1 6 2006 _ FEB-15-2006,14:57 FROM: 631 298 8565 TO:76f1 P.002/003 LAW OFFICES WICKHAM,BRESSLER,CORDON &GEASA,P.C. WILLIAM WICKHAM i06A21 13015 MAIN ROAD, P.O.BOX 1424 MAT TTUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SU1111 E N LYNNE M.GORDON MELVR.L£, EW YORKt1T47 JANFT GEASA 631.298.8353 —' TELEFAX No.631.298.8565 631-249.9480 wwblaw@aol.com TELEFAX No.631-249.9484 February 15.2006 VIA FACSIMILE 765- Southold Town Board of Trustees 53095 Main Road,P.O.Box 1179 Southold,New York 11971 Re: Application of Paradise Point Association for Dredging Ladies and Gentlemen: We are the attorneys for Mary Zupa and Victor Zupa,residing at 365 Basin.Road and the owners of 580 Basin Road,Paradise Point,Southold,New York. We object to the granting of the permit requested for the reasons set forth herein. First,our clients inadvertently became aware of this application by means other than requited notice in connection with Chapter 97. Thus,no required notice was given. Second,our clients have obtained permits for the army corp of engineers,and the Department of Environmental Conservation to perform maintenance dredging at the mouth of the basin and use the spoils to replenish their property to the east, As the jetties at the mouth of the basin contribute to the starving of their property of transported sand,this use of spoil is critical and preferred by DEC as it keeps sand within the some eco-system. The Association proposal does not provide for such relief, and thus,impermissibly interferes with the eco-system. Third,Chapter 97 provides that an application must obtain the notarized consent of the owner,duly acknowledged. No such consent is attached. Rather,the indemnity and authori2ation appear to have been signed individually by one Patrice Keitt,when the application is in the name of a corporation. I Fourth,the application appears to indicate that the boat basin and property owned by our clients(SCTM#1000-81-1-16.1 and 16.7)is owned by Paradise Point Association,or Keitt, individually. This is simply untrue. The boat basin is owned by the Trustees,as recently determined by the Supreme Court, Suffolk County. The upland lot referred to is owned by our clients. Our clients do not consent to this application and,indeed,were not asked to consent. i FEB-15-20064:57 FROM: � 631 298 8565 TO:71 P.003/003 Fifth,TrOOM w permit 45161 specifieariy provides that Paradise Point Association,Inc,is to perfom►no work unless and until it remedies erosion problem- Such remedying has not taken place and the erosion continues,in particular,from the west jetty at the mouth of the canal leading to the boat basin. indeed,despite permits issued for erosion.control and repair of the jetty,no work has been done. Conversely,our clients have been issued permits for erosion control on their property and have undertaken such projects. Thus,it is evident that our clients are attendve and responsible stewards of the wetlands. The applicants here are plainly Dot and should not be rewarded. Sixth,the basis for the permit is impermissible under Chapter 97,as it relies upon surveys six years old. Thus,it is impossible to determine whether or not based upon currant conditions such activity is warranted. Thank you for your athmtion to this matter. very truly yours, Eric . Hressler FJa% cc; retay,uorano I I I I { James F. King, President �aof SO(/ry� Town Hall Jill M. Doherty,Vice-President `O 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen H �� Telephone(631) 765-1892 John Holzapfel COUKn Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ai RIO(a Name of Applicant: ?ohm a,�_ PDl E 1 Name of Agent: Property Location: SCTM# & Street Rco Brief Description of proposed action: Tie of area to be impacted: Saltwater Wetland _Freshwater Wetland _Sound Front _Bay Front Distance of proposed work to edge of above: 7f Town Code proposed work falls under: pt.97 Chapt. 37_other Type of Application: _Wetland_Coastal Erosion_Amendment_Administrative _Emergency Info needed: Prc Modifications: Conditions: Present Were:`_�J.King `�J.Doherty�Dickerson D. BergenvJ.Holzapfel .Other: Mailed/Faxed to: Date: Telephone Town Hall (631)765-1892 53095 Route 25 P.O.Box 1179 Southold,New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., February 8, 2006, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A CONDITION of the Wetland Permit application of PARADISE POINT ASSOC., INC. to maintenance dredge two areas within the basin and inlet. The inlet area being 50'X 130' and the basin area 50'X 100'. Both areas to be dredged to a max. depth of 4' below apparent low water. A maximum of 1000 cy. of material (combined) may be removed from the two areas in any calendar year. Located: Basin Rd., Southold. SCTM#81-1-16.1&16.7 The CAC recommends Approval of the application with the Condition the present conditions of the existing bulkhead and bank on the west side are reviewed, as they appear to be in poor condition. Vote of Council: Ayes: All Motion Carried �. _ems— �.4�-i .a _.C... .e.Y.. ... . .. -ci. • t j•.. . ♦ v � Board Of Southold Town Trustees , SOUTHOLD, NEW YORK - PERMIT NO. SI 1 DATE: .. Ma....... y15, 2000_ I PARADISE POINT ASSOCIATION ISSUED TO ........ Aut4nrt affi n c` Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- t:t titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS ' IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;". and in accordance with the Resolution of The Board adopted ata meeting held on ....Feb. 24, 14^000 , and in consideration of the sum of ;...__._150.00 paid by J.M.O. Consulting on behalf of_.Paradis.e...Pvi,lxli.Assoc........ s of . .QuogueN. Y. and subject to the Terms and Conditions listed 11 on the reverse side hereof, of Southold Town Trustees authorizes and Permits the following: Maintenance dredge existing basin to 4 ALN, 1,100 cy. to be utilized as backfill. J t or to be trucked away to an approved upland site. Dredge by crane on a barge with enclosed containers. Dredging will occur in (2) areas, (50'X 100') and (501X 1306) as per enclosed plane. No upland clearing Is approved by this Permit. This is a one time approval to solve a shallow water problem because of the deteriorating condition of the on site bulkhead structures and the erosion in the a basin. These issue. of the deteriorated bulkhead and erosion into the basin must fl be addressed before additional maintenance dredging to approved. Upland access to the staging area/de-watering site must be provided by the applicant. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this data. N O Artie foster - Absent - Trustees Y yx. >i TERMS and CONDITIONS Paradise Point Association The Permittee raiding at P.O. Box 711, Southold N. YY as putt of the consideration for the issuance of the Permit dna understand and prescribe to the fol- lowing: 1. That the said Baud Of Trustees and the Town te of Southold areleased from my and an darnages, or edaims for damages, of suite arising directly or indirectly as a result of my opec } ant ro this permit, and the aid Permitae wilt, at Ids or Ler own ezpe�+ atdon performed penes arn eblyd Its, and the said Permittee assumes idl lisi>ildty defend any and all such susits Initiated by P with respect thereto, to the complete otcludou of the Hoard of Trustees of the Town of Soadhold 2. That this Permit is valid for a period of 12 moa. which is considered to be the estimated time required to romplete the work involved, bac should dtonastat>as wsrrW4 request for an extension may be made ro?the Board at a later date. 3. That this Permit should be etained indefinitely, or as long as the said Permittee vrlsbes to maintain the structure or p�cctc involved, to provide evidence to anyone concerned that and" orization was originally obtai ' of the Hoard or I 4. That the work imol#rMltinkna atb'eex to the imspe'?iO° aced approval nuy be cause for In agents, and non-coesi'il°° l I , 'a6rLe WW=ti* aPPiioh revocation of this Permit byaid Hoaid. ^VF 5. That there will be no tmteasomble interference with navigation as a result of the work herein authorized. G. That there shall be no interference with the tight of the public to pas and repass along the bes& between high and low water manta. 7. That if future operations of the Town of Southold require the removal and/or alterations In the location of the work herein *u&odzrd, or if, in the opinion of the Board of Trtakas, dna. wont shall cause unreasonable Obstruction to fm navigation, the add Permittee will be to tbegWA upon due notice, to remove or alter this work or project herein stated idthout e=peusa Tbivst of Southold . - 1 . 8. That the said Hoard will be notified by the Permittee os the oompledOn of the work gush. orized. 9. That the Permittee will obtain all other permits and torments that may, be required ap' plemental to this permit which may be subject to revoke upon faibrte to obtain same. New York State DepartmentJmnental Conservation Division of Environment3tormits, Region One • �R tat cop Building 40- SUNY, Stony Brook, New York 11790-2356 Phone: (516) 444-0365 • FAX: (516) 444-0360 �G o� Website: www.dec.state.ny.us John P.Cahill Commissioner April 19, 2000 Paradise Point Association C/O P.O. Box 771 Southold, NY 11971 RE: 1-4738-00706/00013 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit . Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to conspicuously posted at the project site and protected from the weather. Si cere}(Jy, t/Cn'' " l Ro r Evans Pe ' t Administrator RE/ls Enclosure VMY!2000 W� MW M Y pYipl NEW YCRK STATE DEPARTMENT OF ENVIRONMENTAL ORVATION - - DEC PERMIT NUMBER EFFECTIVE DATE 1-4738.00706/00013 April 19 2000 FACILITY/PROGRAM NUMBER(S) P E RM I T EXPIRATION DATE(S) Under the Environmental Conservation Law April 18, 2005 TYPE OF PERMIT ■ New ❑ Renewal ❑ Modification ❑ Permit to Construct ❑ Permit to Operate i ■ Article 15, Title 5: Protection ■ 6NYCRR 608: Water Quality ❑ Article 27, Title 7; 6NYCRR of Waters Certification 360: Solid Waste Management ❑ Article 15, Title 15: Water _ _-0 Article 17, Titles 7, B: SPDES ❑ Article 27, Title 9; 6NYCRR Supply 373: Hazardous Waste Management ❑ Article 19: Air Pollution ❑ Article 15, Title 15: Water Control ❑ Article 34: Coastal Erosion Transport Management ❑ Article 23, Title 27: Mined ❑ Article 15, Title 15: long Land Reclamation ❑ Article 36: Ftoodplain Island Wells Management ❑ Article 24: Freshwater Wetlands ❑ Article 15, Title 27: Wild, ❑ Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Paradise Point Association (631) 765-3348 ADDRESS OF PERMITTEE C/O P.O. Box 771 Southold, NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER J.M.O. Consulting P.O. sox 447, Quogue, NY 11959-0447 (631) 653-0607 NAME AND ADDRESS OF PROJECT/FACILITY Paradise Point Basin Basin Road Southold, NY 11971 LOCATION OF PROJECT/FACILITY SCTM #1000-81-1-16.1 COUNTY - TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: Maintenance dredge two areas within the basin and its inlet. The inlet area being 501 x 130' and the basin area 50- x 100-. Both areas to be dredged to a maximum depth of 4' below mean low water a maximum of 1000 cu. yds. of material j.W a (combined) may be removed from the)areas in any calendar year. All work must be done in accordance with the attached plans prepared by J.M.O. Consulting Last revised 2/21/00 and stamped NYSDEC approved 4/19/2000. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 8 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Roger Evans Bldg. #40 SUNY Stony Brook NY 11790-2356 AUTHORIZED SIGNATURE DATE Page 1 of 4 April 19 2000 N YO-K STATE DEPARTMENT OF ENVIRONMENTAL CO �RV"TION _ N I. ATION OF OTHER PERMITTEE OB RAl aJNS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees,agents, and assigns for all claims,suits, actions, damages, and costs of every name and description, arising out of or resulting from the permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non-compliance with the terms and conditions of the permit. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals, lands,easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to.ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify,supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification or transfer of this permit Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities(HWMF), major Air Pollution Control(APC)and Solid Waste Management Facilities (SWMF);and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook, NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. DEC PERMIT NUMBER PAGE 2 OF 4 1-4738-00706/00013 APERMITJW,rn.6/99 NEW Y UKK S I A 1 t UtVAN I MLN I OF tN V IMUNMtN IAL UUNStNVA I IUM - - ADDITIONAL GENERAL CM61 I IONS FOR ARTICLES 15 (TITLE 5), 25, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State,or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure orwork herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S.Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein'authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8. If granted under 6NYCRR Part 608,the.NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301 302, 303, 306 and 307 of the Clean Water Act of 1977(PL 95-217)provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project,the bottom portion of the form must also be signed and returned, along with photographs of the completed work and; if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by— DEC PERMRNUMBER PAGE 3 OF 4 1-4738-00706/00013 IYCYV ,VfV1Y JInICVCfnn11Y1G1Y, Vf C1 Y11YV1Y1VG1Y1nV VVYJC(VYIVIIVIY SPECIAL CONDITIONS 1. All dredged material shall be disposed on an approved upland site and be retained so as to not re-enter any water body, tidal wetland or protected buffer area. 2. Dredged material must be transported by barge to Town of Southold Harbor for off loading. 3. During the dredging operation,the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed"bucket"equipment. 4. Excavated sediments shall be placed directly into the approved disposal site or conveyance vehicle. No sidecasting (double dipping) or temporary storage of.dredge material is authorized. 5. Dredging is prohibited from June 1 - September 30 of each year to protect spawning shellfish and/or spawning finfish. 6. All side slopes of the dredged channel shall have a maximum of 1:3 slope. 7. The use of a dragline for dredging is strictly prohibited. 8. Dredging shall be undertaken no more than once in any calendar year unless specifically authorized by the Department. 9. For maintenance dredging projects, permittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site(including an updated site plan). Upon completion, a Notice of Completion specifying the amount of dredged material deposited at the approved disposal site must be submitted. DEC PERMIT NUMBER PAGE 4 of 4 1-4738-00706/00013 JWkWo x. ; +- ' Y '\r41 ya i 1 loo, ^fes K:u` ,�• _,��} •, IL f PARADISE POINT ASSOCIATION,INC. PROJECT Proposed Maintenanr t .O t vdt-jiv, 7 Y A P r � A- 51 , r } MOW tea . A ll Photo 3. View of the location that the new dock will be constructed in for the Paradise Point Association. 1 Y b4P. —a. a t-: Photo 4. View of the existing main dock for this association. I I I �, � � , 'u <. . . . !_\ ' 4 1� r '. _ fir. i v 1. _ _.. _. • t .. . _- _. — � .. 0 ^JAI 6_ �,jf �y Nr �V �' X /' 4 ''Y fT^ �.r � j' X n' � j5. s �_: .. , .._a �r � T _. � ` �� C .. UF I"All I • • F.Jim" Utsj i � R � Y .17 Ar s� I 'N NV7 f a iINK I 114FAII u KIN Lill 101 W.M.11101 F.V4 91 • • so i PIK-, i. 4 arm . .. I� z. :» -'IA r.:b .K Asea. I � r PARADISE POINT ASSOCIATION,INC. PROJECT Proposed Maintenance Dredging Esc. Photo 11. View of existing docks. The immediate shoreline is shallow but drops off well in the main boat basin. Maintenance dredging required at boat basin entrance and throat. —- - -�f — _-•�dc u � .�� _ � - .,may- — Photo 12. View of existing dock association. PARADISE POINT ASSOCIATION,INC. PROJECT Proposed Maintenance Dredging M 77 77- Photo 13. View of existing association docks and boat basin beyond. r R n ay x1 A. F r Photo 14. View of existing association docking and boat basin on left portion of photograph. PARADISE POINT ASSOCIATION,INC. PROJECT Proposed Maintenance Dredging � s j iR � I vFSjNs,-- Photo I5. View of existing dock. The throat of the channel is to the right hand side of this photograph. X i t.. Photo 16. View of the inlet channel. The maintenance dredging is required at the beginning of the channel and at the entrance of the channel into Town Harbor(Southold Bay). 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Re: Paradise Point Association, Inc. Dear Ms. Montefusco: Per your discussions with our counsel, this is to confirm that the Association will not dock any boats at the northern/western dock (the one that would be removed under the Trustee-approved reconfiguration) pending resolution of the matter. Please be assured that the Association has been diligently pursuing its application with the DEC to obtain an approval of the reconfiguration plan approved by the Trustees, but, unfortunately, the efforts of our neighbor (including unsuccessful challenges to the Trustees' plan both in court and before the Town's ZBA) have stalled the Association's ability to implement that reconfiguration. We remain committed to implementing that plan. Please feel free to contact me at 212-759-9795 if you have any questions or need any other information. Thank you. Very truly yours, V ` 1q Patrice Keitt President INTER-SCIENCE TRANSMITTAL - V1 k EXPRESS MAIL - TO: Anthom C. Pasca, Esq. Esseks Hefter & Angel 108 East Main Street Riverhead, New York t1901 FROM: James L. Walker Inter-Science Research Associates, Inc. Principal Planner 36 ?Nugent Sweet, P.O. Box 1301 Southampton, Ncsv York 1 1969-1201 (031)383-5958!(631 )'_83-5971 1 :\X Sl KIFICT: Paradise Point Association DATE: April 17, 200- I I E S SA 6 F: 00?IIESSA6F: here arc the nr�'ised dr:n�roes. l hr Mucks h,ne been simply shifted parallel to the ,hurelinc Dice (5) sets for you inelucle line (-l) loo NYSDEC and a single print I'mr om files. Shouild %uu ban: ani questions rc'-'arding this tr.insmittal or the project in general, plcaSe do not 11C5ltate to cunlact till, nfh�r_ Thank _gnu. Si'-'ncclalkcr. Principal Planner Cups: Ptmcc Kcitt /cop) vui regular mail) 0 INTER-SCIENCE TRANSMITTAL IA EXPRESS MAIL - TO: Anthony C. Pasea, Esq. Gsseks Hefter & Angel 105 Gast Alain Strec: Ri\crhead, veN\ fork 11901 FROM: James L. NV`alker Inla-Science Research Associates, Inc, Principal Planner 36 Nugent Sweet, Y.O. Box 1201 Southampton, Ne\� 't'ork 1 t969-1201 631 J283-5958/(631 )353-597 FAX SUBJECT: Paradise Point Association DATE: April 19, 2007 AlE_ SS216E: Hcre arc the iniscd dnmin,_,s t he notes have hcen revised. Fire (5) sets for ou include tol.] ( 4) for NYSDGC and a single print for vour files. Should you have any questions regardim= this transmittal or the project in Ucneral, plcasc do not hesitate to contact this office. Thank _ou. Siened: James L. Waller. Principal Planner Cop% Patrice Keitt (w/copy % is regular mail) !Ll IRA,S% I it ,pJ MAILING ADDRESS: PI.ANNING BOARD MEMBERS �ZF SO P.O. Box 1179 ,JERIL N 13. "001)[101 S1{ ��� � Southold, NY 11971 Chair OFFICE LOCATION: KENNF.IH L. FDWARDS lotin hall Annex MARTIN It SIDOR 54:375 SL ktc Route 25 GEORGE D.Sf 11 OMON �� � lour. N10111 Rd. & Youn{s Avc. JOSEPH 1,. rOw NSF:Nn --7Y000NTV 0 ., Southold NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE I'( WN OF SOUTHOLI) To: .lames King, President Town of Southold Board of I rustces From: Mark Terry, Principal Planner LWRP Coordinator Date: January 23, 2007 Re: Proposed Wetland Permit for Mary S. Zupa SCTM#1000-81-1-16.7 MARY ZUPA requests a Wetland Permit to maintenance dredge approx. 190 cy. of shoaled material from the mouth of the canal at Paradise Point to maintain —4' MLW at max. of 1 :2 slope. 'fhe dredge activity is proposed to be conducted by barge crane with clamshell bucket. Place +,-50 cy. of dredged materials along �,-100' ofshoreline (TMHW) of property owned by Mary Zupa. Dredge material to be used for beach re-nourishment. On-site containment ofexcess dredge material on a temporary drying site on the upland portion ofthe subject property. Located: 580 Basin Rd., Southold. SCfM" 1000-81-1-16.7 fhe proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Mown 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 Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required to further Sub-policy 5.3 Protect and enhance quality of coastal waters. 1. Where water depth permits, during dredging operations a silt boom and or turbidity screen shall be deployed north and south of the area during dredging operations. Pursuant to Chapter 268, the Board of ll ustecs shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold PC/Codebook for Windows Dredging. (a) Creeks. [1] Maintenance dredging (as defined in § 275-2) only is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. [2] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. [3] Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. (b) Freshwater wetlands. Dredging of freshwater ponds may be permitted when it can be demonstrated that such action will restore the water body to an historic condition, improve water quality or habitat value. 1 James, F. King, President Alf ��S_Ovtlloa' Town Hall Jill M. Doherty, Vice-President ,�O � 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen G C John Holzapfel �� �� Telephone(631) 765-1892 01 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Ruth Oliva, ('hairperson Southold I'm%n Zoning Board of Appeals FROM: James King, PICSIdC Board of'frustees �,w C;F' DATA: April 25, 2006 RL: Referral of Paradise Pond Association Docks We are referring for your attention and action, the attached request made by Mr. Anthony Pasca, Esq. on behalf of the Paradise Point Association. To summarize, the Trustees issued permit #6209 dated September 21, 2005 granting them a dock located in the Paradise Point basin, but under a specific reconfiguration. Subsequent to that time, the Association came before the Trustees with a permit request for repairs to a bulkhead and the dredging of the inlet to the boat basin. Permit #6308 was granted by the 'Ihrstecs in March 2006, with the condition that the Association comply with the reconfiguration and/or construction of their docks as required as per the previous permit by May 1, 2006. (heir failure to make this deadline would lead to their inability to start the dredging portion of their permitted work until such time as their docks were reconfigured in a manner which broueht them into full compliance with the previously granted Permit. Mr. Pasca on behalf of the Paradise Point Association submitted the attached request on April 21, 2006. The Trustees have granted the Association's request to forward the matter of their docks to the ZBA for their action. Thank you for your attention to this matter. Attachments: Trustee permit 46209 Trustee Permit# 6308 Pasca Letter of April 21, 2006 Trustee Response Letter of April 25, 2006 Cc: Kieran Corcoran, Esq. — Assistant Town Attorney Patricia Finnegan, Esq. 'town Attorney E. Brownell Johnston, Isq. Assistant Town Attorney to the Board of Trustees Anthony Pasca, Esq. Esseks, I lefter & Angel, LLP James F. King, President fjF snor�o Town Hall Jill M. Doherty. Vice-President �� l0 .53095 Route 25 Peggy A. Dickerson * P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen G _ John Ilolzapfcl Telephone(631) 765-1892 Aoum,� Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 25, 2006 Mi. Anthony Pasca Esseks, Hefter & Angel, LLP 108 E. Main St. P.O. Box 279 Riverhead, VY 11901 Dear Mr. Pasca, We are in receipt of your letter dated April 21, 2006 in reference to the situation involving docks, bulkhead repairs and dredging located in the boat basin at Paradise Point, Southold. To summarize, you had requested that the order of the Southold Down Trustees that the docks be reconstructed and reconfigured as per the permit granted by the deadline of May 1, 2006 be extended. You had further requested that the matter of the reconfiguration and/or reconstruction of the docks he referred to the Southold Town Zoning Board of Appeals. We are agreeing to your request to for�Nard the dock reconfiguration and/or reconstruction to the ZBA for their action with two exceptions. We arc requiring that the fixed dock and the seaward portion of the floating docks that exceed one-third of the distance across the hasin be removed by May 10, 2006. We will not exempt the requirement that the docks be reconfigured prior to the dredging of the inlet as was indicated on your perinit ;t6308. It is our expectation that upon receipt of appropriate permits and a ruling from the ZBA, that the reconstruction and/or reconfiguration of the docks will be completed as quickly as possible. It is only after the dock project is completed that we will allow the Association to move forward with the dredging project. Sincerely, r Jam s King, Presiden Southold Town Board of Trustees cc: Kicran Corcoran Esq. Assistant Town Attorney Patricia Finnegan, Esq. — Town Attorney E. Brownell Johnston, Esq. Assistant Town Attorney to the Board of Trustees Southold Town Zoning Board of Appeals SENT VIA CERTIFIED MAIL 2 ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW IOB EAST MAIN STREET R O. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTE:R MONTAUK HIGHWAY TELECOFIER NUMBER (631) 369-2065 STEPHEN R. ANGEL P. O, BOX 570 .SANE ANN R. KRATZ WATER MILL, NY. 11976 WILLIAM POWER MALONEY (631) 726-6633 CARMELA M. DI TALIA ANTHONY C. PASCA NICA B. STRUNK April 21, 2006 THEODORE D. SKLAR NANCY SILVERMAN LISA J. ROSS Board of Trustees Town of Southold 53095 Main Road P. O. Box 1179 Southold, NY 11971 APO 2 4 2006 Re: Paradise Point Association Dear Members of the Board: We represent the Paradise Point Association ("the Association"), which, as you know, has a permit from the Trustees to reconstruct the Association's docks. In that permit, the Trustees required that the Association reconfigure the Association's docks. While the Association was and still is willing to comply with the Trustees' requirement, the Association cannot do so until the Trustees' reconfiguration plan has been approved by all other regulatory agencies, which include the NYSDEC and U.S. Army Corps. As we are told, those applications ha,,-- been made and are being diligently pursued, but it appears now that the review process by the NYSDEC and Army Corps will not be completed by May 1, 2006. Although there was no pressing time deadline placed on the Association's original dock permit, we understand that the Trustees have subsequently requested that the dock reconfiguration occur by May 1, 2006. That request was incorporated into a condition of the Association's separate dredging permit. In other words, if the dock reconfiguration does not occur by May 1st, the dredging permit conditions cannot be met. Unfortunately, it is not possible for the Association to reconfigure the docks by May 1st, because the NYSDEC and U.S. Army Corps have not issued (and will not have issued) their permits for the reconfiguration in time. ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW Page 2 of 3 Further complicating the matter is a new claim that has now been made by the neighbors, Victor and Mary Zupa, in their pending lawsuit against both the Trustees and the Association. In that lawsuit, the Zupas argue that the Trustees' required reconfiguration of the docks is "barred" by the Town's zoning code, specifically, section 100-241. That provision, which governs nonconforming uses, contains some limitations against expansions and relocations of nonconforming buildings and uses. We do not believe that the reconfiguration of the docks as recommended by the Trustees would run afoul of 100-241, because the reconfiguration will have the result of reducing the scope of the pre-existing docks, in the same exact area as the docks that already exist. Nonetheless, because the neighbors have raised this zoning issue, and because the neighbors have demonstrated that they are willing to bring a lawsuit challenging every action taken by the Town and by the Association, the Association would prefer that the matter be referred to the Town's Zoning Board of Appeals, which is the only board in the Town that has jurisdiction over the interpretation of the Zoning Code. The Zoning Board is specifically empowered to entertain interpretation questions "on request of any town officer, board or agency" under section 100-271(D) of the Town Code. The Zoning Board is also specifically empowered to approve changes to nonconforming uses, provided that the change is "to a use which, in the opinion of the [the Zoning Board], is of the same or of a more-restrictive nature." We believe that the Zoning Board is the appropriate agency to resolve the issue. We also believe that this zoning issue needs to be resolved before the Association can move its docks. The Association has been involved in several lawsuits with the Zupas in order to protect the Association's nonconforming use. The Zoning Board previously upheld the legality of the Association's nonconforming use under the current configuration, and that decision was upheld by the Supreme Court. While we believe that the reconfiguration should be deemed permissible under the zoning code, the Association cannot at this time take the risk that a reconfiguration of the docks without the Zoning Board's approval could be perceived as a voluntary "abandonment" of the Association's nonconforming use. In light of the above issues, we are therefore requesting that the Trustees take two courses of action. First, we respectfully request that the Trustees refer the interpretation issue to the Zoning Board for resolution of the following question: Is a reconfiguration of the docks within a nonconforming marina use permissible under the Town's zoning code, where the scope ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW Page 3 of 3 of the nonconforming use would not be expanded but would in fact be reduced, and where the docks are being reconfigured in the same general location on the lot as the pre-existing docks? Second, we respectfully request that the Trustees amend the dredging permit to remove the condition that the dock reconfiguration occur by May 1, 2006, since it will not be possible to obtain all permits and approvals (from the NYSDEC, U.S. Army Corps., and Zoning Board of Appeals) by that time. As the Trustees are no doubt aware, the dredging must be completed by the end of May in order to be of benefit during the upcoming summer boating season. Since the NYSDEC, Army Corps., and ZBA approvals for the docks likely will not be received by that time, we believe that such condition should not be an impediment to the dredging, which we are told is something that all users of the boat basin favor. The Association will complete the dock reconfiguration promptly upon receiving all the necessary approvals. I am sending a copy of this letter to the Trustees' counsel, as well as the Town Attorney's office. If the Trustees or counsel have any questions or require any additional information at this time, please do not hesitate to contact us. Very trul ours, Anthony C. Pasca cc: Kieran Corcoran, Esq. E. Brownell Johnston, Esq. Paradise Point Association, Inc. 'CANNINGBOARD MEMBERS • JERILYN 13 WOODHOLJsE Chair U SOplyo MAILING ADDRESS: P.O. Box 1179 KENNETH L. RDS l� Southold, NY 11971 MSIDOARTIN H. SIDOR ! LOCA GEORGE D. SOLOMON TION: JOSEPH L. 7.0 N OFFICE WNSEND • Q Town Hall Annex Q �O 54375 State Route 25 ly�OU (cor. Main Rd. & Youngs Ave.) Southold, Ny PLANNING Telephone: 631 765-1838 TOWN pBS A]otRD OFFICE Fax: 631 765-3136 OLD To. Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner Date: Februa LWRP Coordinator , 2006 Re: Wetland ermit for Paradise Point Association, Inc. SCTM# 81-1-16.1,16.7 PARADISE POINT ASSOC. INC, requests a Wetland Permit to maintenance dredge o areas within the basin and inlet. The inlet area being 50'X 100'. Both areas to be dredged to max. re maximum of 1000 50'X 130'and the basin area calendar cy. of material (combined) ma depth of 4' below year. Located: Basin Rd. y be removed frompthe two areasarent low tin any Southold. SCTM#81-1-16.1&16.7 The proposed action has been reviewed to Cha pter 95 Review of the Town Revitalization Progra f Southold Town Code and the LocalaWaterfrtont Consistency Provided on the LW m (LWRP) Policy Standards. Based u department, as RP Consistency Assessment Form sub mitt the information well as the records available to me, the proposed action is miffed to this and therefore is CONSISTENT CONSISTENT It is my recommendation that NSISTENT with the LWRp with the POlicy Standards 1• To further su ort the LWRP and the provided that: Of the installation of a silt boom/turbidit Ilcles Burin dred in assess the feasibilit to minimize turbidit screen to be em to ed in the water column. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in 9 Of the proposed action paring its written determination regarding the consistency Please contact me at (631) 765-1938 if you have an above. Y questions regarding the Office Use Only _Coastal Erosion Permit Application f Wetland Permit Application _Administrative Permit _—Amendment/Trans er/Extension -Received Applicata11NOk _Received Fee:$ LCompleted Application _Incomplete _SEQRA Classification: Type I_Type II_Unlisted_ _Coordination:(date sent) ICAC Referral Senf._/'/� . !Date of Inspection: .2 /` �_T __ _Receipt of CAC Report: _Lead Agency Determination:_ _Technical Review: _,Public Hearing Held: / _Resolution: 1` P ✓ Name of Applicant Paradise Point Association,Inc.c/o Patrice Keitt Address 320 East 75th Street-Penthouse E New York,New York 10022 Phone Number:( ) 917-297-4714 Suffolk County Tax Map Number: 1000 - 81-1-16.1 and 16.7 Property Location: Basin Road 463.27'to Robinson Road (provide LILCO Pole#, distance to cross streets, and location) AGENT:Inter-Science Research Associates,Inc. (If applicable) Address:P.O.Box 1201,36 Nugent Street Southampton New York 11969-1201 Phone: 631-283-5958 Board of Trustees Application GENERAL DATA Land Area(in square feet): 2.4592 Acres Area Zoning: R-80 Previous use of property: Unknown Intended use of property: Paradise Point Association,Inc.Boat Basin Prior permits/approvals for site improvements: Agency Date See Attached NYSDEC/TOSH Permits See Attached NYSDEC/TOSH Permits No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ✓ No Yes If yes,provide explanation: Project Description(use attachments if necessary): Maintenance dredge two areas with the basin and its inlet. The inlet area being 50'x 130'and the basin area 50'x 100' Both areas to be dredged to a maximum depth of 4'below apparent low water. A maximum of 1000 cubic yards of material(combined)may be removed from the two areas in any calendar year. All work must be done in accordance with the attached plans prepared by J.M.O. Consulting last revised 2/21/00 and stamped NYSDEC approved 4/19/2000. ADJACENT PROPERTY OWNER LIST For - PARADISE POINT ASSOCIATION, INC. - Situate Southold Bay and Paradise Point, Town of Southold Suffolk County,New York 1000-81-1-7 Edward V. Boyd J. Cedar Beach Road Southold NY 11971 1000-81-1-8 Patrick J. &Donna Mortimer 10 Westmoreland Drive Hicksville NY 11801-1627 1000-81-1-9 & 10 Henry C. Elfers Paradise Point Southold NY 11971 100-81-1-13.1 Victor J. and Mary S. Zupa 719 Weed Street New Canaan CT 1000-81-1-16.3 Richard Makeley 1314 Smithtown Avenue Bohemia NY 11716 100-81-1-16.7 & 16.8 J. Lane Curry & Gilman Hallenbeck 13 North Street Greenwich CT 06830 1000-81-1-16.10 & 16.11 Paradise Point Association, Inc. Robinson Road Southold NY 11971 1000-81-1-16.12 Stephen I Perricone 1930 Leeward Drive Southold NY 11971 AUTHORIZATION LETTER TO WHOM IT MAY CONCERN: Please be advised that Inter-Science Research Associates, Inc. is hereby authorized to submit permit applications, as necessary, for the Paradise Point Association, Inc. project located at Basin Road and Southold Bay, Town of Southold, Suffolk County, New York. Signed: Afh-,c' /yet Arfidzn r —O—Lt- C, 41ZILa— 400 Paradise Point Association, Inc. Basin Road Southold,New York 11971 ErankAmararii Sworn to before me this 0�4:�) day of No ary Public, State of Pavv';'- rP� /� �jZ 2004 No.24-4995829 Quaffied in Kings County Com,nission Expires f1 4, 2006 rotary Public) —� '' H:Vvlemos\FonnsUUTHi.WPD � a,_ 3 of Trustees Applicatio• County of Suffolk State of New York C K e I T T BEING DULY SWORN DEPOSES AND AFFIRMS THAT BE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO BOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES r;AI ML:ESS AND FREE FROM ANY A.NJ, 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. ok � C' Signature SWORN TO BEFORE ME THIS a� . DAY O 200'j_ FrankAmaraete Nctary Public, State of No.24-4995829 Qualified in Kings County Commission Expires May 4, 202) Notary Public 13oara oL 1Lus_ees Application ALTrBORI ZATSON (where the applicant is not the owner) I Patrice Keitt residing at 300 East 56th STreet (print owner of property) (mailing address) Apt 29G , NY , NY 10022 do hereby authorize Inter-Science Research Associates , Inc . (Agent) to apply for permit( s) from the Southold Board of Town Trustees on my behalf. (owner' s signature) 8 APPLI CANT/A GENT/REPRESENTATI VE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Paradise Point Assocation , Inc . (Last 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 Variance _ Change of Zone Approval of plat Exemption from plat or official trap Other Board of Town Trustees Permit (If"Other",time 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,marriage,or business interest."Business interest"means a business, including a partnership,in which the town offica 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 XX If you answered`YES",complete the balance of this form and date and sign where indicated. Name of person employcchy the Town of Southold N-/A Title or position of that person N/A Describe the relationship between yourself(the applicant/agent/represrntative)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 of the applicant (when the applicant is a corporation); B)thelegal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Not applicable t� Submitted this day of Aec: 200 Signature /- Print Name PA flet[ C, kCt r r r INTER-5CIENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN.AICP P,—dent January 12, 2006 Board of Southold Town Trustees Southold Town Hall 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 Re: Paradise Point Association To whom it may concern: Enclosed please find an application for the proposed maintenance dredging at the Paradise Point Association boat basin situate Basin Road and Town Harbor(Southold Bay). The town has recently issued permits to repair the west j etty(Permit Number 6059). You also have issued a decision regarding the docks for this association(Permit Application Number not assigned). This new application is made for maintenance dredging which must be done this spring prior to the close of the spring dredging window. For your review and comment, the following materials are provided: 1. Application for Permit. 2. Maintenance Dredging Plans provided by Paradise Point Association, Inc. 3. Current Survey prepared by Young & Young. 4. Project location maps including Hagstrom Atlas, United States Geologic Survey Quadrangle and Suffolk County Tax Map. 5. Authorization Letter. 6. Recent color photographs of the project site. As mentioned above,the maintenance dredging ofthis facility must be done by spring for the upcoming boating season. The association does not know if there is a current valid ACOE permit for this project. The town and state permits have expired. Accordingly, the project sponsor has filed concurrent applications with New York State Department of State,Army Corps ofEngineers and New York State Department of Environmental Conservation. POST OFFICE BOX 1201 • 36 NUGENT STREET • SOUTHAMPTON. NEW YORK 1 1969-1201 • 631-283-5958 • FAX: 631-283-5974 Should you have anyquestions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Respectfully submitted, James L. Walker Principal Planner JLW: jlw enclosures copy: Patrice Keitt, Paradise Point Association (w/copy) E:W a,admPoint\TOSHLETTER01 112006.wpd 1 �� INTER-5CIENCE INTERI-, C RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING 8, DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN,AICF Preside nv January 31, 2006 James F. King, President FEB - 7 2006 Southold Town Board of Town Trustees Town Hall, 53095 Route 25, P.O. Box 1179 , Southold, New York 11971-0959 Re: Paradise Point Association Dear Mr. King: Enclosed please find the completed Local Waterfront Revitalization Plan application form for the proposed maintenance dredging at the Paradise Point Association boat basin situate Basin Road and Town Harbor(Southold Bay). These materials are submitted in accordance with town directives for this project. The check for the application fee will be delivered as soon as possible. Should you have any questions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. Respectfully submitted, ��) 1J es L. Walker Pr' cipal Planner JLW: jlw enclosures copy: Patrice Keitt, Paradise Point Association (w/copy) F.Taradi.Po.&IOSHLE7 I ER01302006."d POST OFFICE BOX 1201 36 NUGENT STREET • SOUTHAMPTON, NEW YORK 11969-1201 631-283-5958 FAX: 631-283-5974 Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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 sigx ificant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIP'T'ION OF SITE AND PROPOSED ACTION 16 . 7 SCTM# 81 - 1 - 16 . 10 PROJECT NAME Paradise Point Association , Inc . , - Maintence Dredging The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 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: Maintenace dredge two areas within the basin and its Inlet . The inlet area being 50 ' x 130 ' and the basin area 50 ' x 100 ' . Both areas to be dredged to a maximum depth of 4 ' below apparent low water . Location of action: oaradise Point AssociationInc . Boat Basin Site acreage: 2 . 4592 acres Present land use: Boat Basin Present zoning classification: Not applicable 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Paradise POint Association, Inc . (b) Mailing address: c/0 Ms . Patrice Keitt 300 EAst 5th STreet - PH E New York, New York 10022 (c) Telephone number: Area Code( ) 917-297-4714 (d) Application number, if any: Unknown Will the action be directly undertaken, require funding,or approval by a state or federal agency? Yes R No❑ If yes, which state or federal agency? Department of the Army C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of 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 Yes . Maintenace dredging of the facility will foster use of this boat basin. It will enhance the community charater for Association members It has no impact on open space It will allow the existing infrastructure to be used efficiently . It will continue a beneficial use of a coastal ---1-oration.- -By condition of permit the dredeing will be restricEed to minimize adverse impacts 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 ❑ Yes ❑ No H Not Applicable Not applicable • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ NoxM Not Applicable Not applicable. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages S through 16 for evaluation criteria ❑ Yes ❑ No E�] Not Applicable No flooding or erosion protection is proposed or needed . Project consists of maintenace dredging only . 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 ElYes ❑ No N Not Applicable 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 N#pplicable The quality and function of Town Wetlands will be protected by performing maintenance dredging in compliance with imposed Town , State and Federal permit conditions . 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 Not applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No rx� Not Applicable Maintenance dredging of shoals within boat basin and rentrance channel . Material is sand and gravel It will be disposed of at an approved upland site. 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. YeJ[] No ❑ Not Applicable -FLovides -public access and recreational use of town harbor (Southold Bay) for Paradise Point Association Inc members Attach additional sheets if necessary WORKING COAST POWES 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. Q Yes ❑ No [:1 Not Applicable Maintenace dredging will protect water dependent use for Paradise Point Association , Inc . Members . Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Tow,nn waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. F-1Yes ElNo`t] Not Applicable 901y Mpinronapp droll ' B of s f; �e t basin and antrnnrp rhannP1 iq proposed 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. El Yes ❑ No 0 Not Applicable Not applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Not applicable PREPARED BY James L . walker TITLE Principal PlannebATE 1 /31 /06 ` sEF /�ltr9cJ�ED gyp .✓ Dili ads' ceff:� I �`3 /a6 FROM N7F2 �Sc�� ✓cam wtTJf Te-05'7 e 1` Prepared By: MAR eAi .� """ 64,6 - Inter-Science Research Associates, Inc. — 9 2006 PO Box 1201,36 Nugent Street .- Southampton, NY, 11969-1201 Southold Bay _ w� — 1 300 Cubic Yards 200 Cubic Yards of Material to be placed at this location � r�/axst\a rseano 3ounn ^ of material to be placed at this location ° - _ V I C I N I T Y M A P 30 East Jetty to Remain ,. Bulkhead and 1 1\ \� Undisturbed Shoreline Survey I I \ During Repairs to Based on theI West Jetty. Work of Others II I ,\ \, Earth Filled Boat Canal \ \� ulkhead Jetty Existing Bulkhead to Remain. I I I- 1\ \, Area: 2,919 Sq.Ft. Bulkhead to be Repaired Using m 2"x 10"x 12'Trimax Tongue I 1 P6 Foot of Fill to be \ \� roove Sheathing Behind Existing Placed as Shown. Total 1\ 1 ulkhead to Re-Sheathe Backside. I l I Volume of Clean Sand 1 \ ce 6"x B"Whalers as Neccessary. - I and Gravel is 40 Cu.Yds \ \� Tie Line Along 1 \\ ;•,, ,, \� Bulkhead Install Filter Cloth o' 1 600 Cubic Yards _ I \ of Material to be placed at this location Fill Currently Stockpiled in This Area / i ,\ \\ N68-30-04-E 10'x 10'x 10'Triangular ,\ Area to be Stabilized with 9'54'EAtl +o.o' 10-20 pound Stones Placed on Grade at the Request of the Town of Southold Board PROVED BeY61 oew �,\ of Town Trustees. 1'26' y i�F BOARD OF TRUSTEES it z (TOWN OF SOUTHOLD A E /f/- 00 I ana IIP Purpose: To and Repair Bulkhead Wall Plan View Name of Project: 0 20' 40' Repair of Bulkhead Location of Project: Datum:AHW:Apparent High Water Scale: 1"=20' In:Paradise Point Boat Baum ALW:Apparent Low Water Client: County:Suffolk County Adjacent Property Owners: Paradise PointAssociadon,Inc. Tax Map No.:1000-81-01-16.7 Paradise Point Town of Southold Applicant:Paradise Point Association,Inc. I.SCTM 1000-81-1-16.7: n/f Mary Zupa Suffolk County,New York 2.SCTM 1000-81-1-16.8:n/f Dempsey U.Wm . mn do ,.g w,m„ap d-,P„P,us,Y.Pdabmwutiwu ill dealt,ar ru,mwx File:cliennVKoyer,Andrea/paradise Point set 01102006/wrna len acre site.dwg wAuad M the wwu,a.-n..un e„p,<e,o.nva p.,P.,d..la,. Shred of Date:03-08-2006 Prepared By: Inter-Science Research Associates, Inc. PROFILE OF PROPOSED BULKHEAD PO Box 1201,36 Nugent Street Southampton, NY,11969-1201 Sand Behind ProposeclVinyl Sheets. Proposed 6" x 8" Timber Wale Fill May be used From Install Filter Cloth (to be replaced as needed) West)etty if Necessary. Existing Bulkhead Proposed 2" X 10" X 12' Trimax Tongue & Groove Sheathing Behind Existing Bulkhead I 1� ilia i ' Purpose: To Repair Bulkhead Wall Profile View Name of Pmicct: 0 B' 16' Repair of Bulkhead Location of Project: Datum:AHW:Apparent High Water Scale: In:Paradise Point Boat Basin ALW:Apparent Low Water }els. '-0" county:Suffolk county Adjacent Property Owners: Paradise PointAssooaeon,Im. Tax Map No.tlo 81.01-16.7 1.SCTM 1000-81-1-16.7: n/f MarZll a Paradise Point,Town ofsouthokl Applirane Paradise Point Association,Inc Y P Suffolk County,New York 2.SCTM 1000-81-1-16.8: n/f Dempseyexr.mom�a�,ma.�x:R.d.mMudm�uN Fik:clienl9l(oyler,AMreafparadise point saV tjeay.9tadw8 • 1.ared brae—nn:m mrmauar a�Ww.�gnee.m mw.e prone.dun, Sheet 2 of Date:03-08-2006 Prepared By: Inter-Science Research Associates,Inc. PO Box 1201,36 Nugent Street TYPICAL CROSS SECTION Southampton,NY, 11969-1201 OF PROPOSED BULKHEAD 200 Cubic Yards of material to be placed at this location 13' Existing Grade " 40 Cu Yds of Fill (Clean Sand and Gr to be Placed Behind Repaired Bulkh' Proposed 6" x 8" Timber Wale to be Replaced as Needed Proposed 6" x 8" Timber Wale to be AHW +2.3' Replaced as Needed ALW +0.0' Existing Tie Rod Proposed 2" x 10" x 12' Trimax do Tongue & Groove Sheathing Placed Behind Existing Bulkhead Install Filter Cloth Existing Timber Sheathing to Remain Existing Pile Purpose: To Repair Bulkhead Wall Cross Section View Name of Project: 0 8' 16 Repair of Bulkhead Location of Project: Datum:AHW:Apparent High Water Scale: Ya"= 1'-0" In:Paradise Point Beat Basin ALW:Apparent Low Water Client: County:6uNolk county Adjacent Property Owners: Paradise Pont A::oaanon,Inc. Tax Map No.a 000-e1-of-16.7 1.SCTM 1000-81-1-16.7: n/f Mary Zupa Paradise Point,Town of Southold Applicant:Paradise Point Assachtion,Inc. Suffolk County,Nee York 2.SCTM 1000-81-1-16.8: n/f Dempsey oudaime,:rn;:d,a..,.i f.eonara dm,w,m anb.rao,no:w„mon.and ,ae.,.,,,,e W file:tl+ennn yk,A,dnuvpradtwomxA.evjeuyacoeave ,&,,i •Asled Mme--Ire—,a—a,Na.e,gnee,m—w pope.de:,. Sheet 3 of Date:03-09-2006 From: InterScience Inc [interscience@optonline.net] Sent: Monday, April 03, 2006 10:49 AM To: Standish, Lauren CONDITIONS OF APPROVAL Permit fee is $10.00 per cubic yard. 2006 fee is $1900.00 based upon contractor invoice for 190 cubic yards. Contractor invoice to be provided to the town. West jetty box repair to be completed prior to dredging. West jetty box to be repaired per plans submitted to the town. Dredge spoil disposal is west jetty boxy box per diagrams supplied to the town. The association intends to complete the dock adjustments provided for in the town approval. This work will be done by May 1, 2006. The work will consist of removing the outermost floating dock and relocating it to the main floating dock in the configuration approved by the town. Furthermore, the floating dock and ramp will be removed and the secondary dock. The floating dock will be used as a finger pier and will be relocated to the main floating dock in the configuration approved by the town. Respectfully submitted, James L. Walker, Principal Planner Inter-Science Research Associates, Inc. P.0 Box 1201, 36 Nugent Street Southampton, New York 11969-1201 (631) 283-5958 APR - 3 2006 (631) 283-5974 1 INTEL-CIENCE RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING & DEVELOPMENT CONSULTANTS IlK HARD ERIK WARREN.ACCP P,—d— March 8, 2006 - Via Telefax/Regular Mail with Completed Plans - James F. King, President Southold Town Board of Town Trustees Town Hall, 53095 Route 25, P.O. Box 1179 MAR - g 2uGo Southold, New York 11971-0959 Re: Paradise Point Association Dear Mr. King: Per the materials sent to this office, this office is revising the plans originally submitted for maintenance dredging to include the west jettybox,the east jettybox and the beach to the east ofthe east jetty box for dredge spoil. I have also revised the plans for repair of the west jetty box to show 6"x8" whalers to be replaced as needed and 2"x 10"x 12'Trimax recycled plastic sheathing to be driven behind the existing timber bulkhead. In addition,to complete repairs to the west jettybox,filter cloth will be installed. These plans are enclosed to meet the conditions of approval. The association needs to know how the fees will be imposed. The dredging proposal is for 1,100 cubic yards. It is likely that only 190 cubic yards maybe dredged this year using the new Board of Town Trustees permit and existing NYSDEC,ACOE and NYSDOS. Does the association pay for the partial dredging as it is done or do they pay once for the overall project? Obviously,this is a concern for the association in terms of expenses this spring. Please provide a answer as soon as you can so that they may make proper arrangements. This office is available to attend this month's work session, if needed. Should you have any questions regarding this cover letter or the project in general,please do not hesitate to contact this office. Thank you for your prompt attention to this matter. T lly submitte PV� Walker Planner JLW: jlw enclosures copy: Patrice Keitt, Paradise Point Association ( E\ParadisePotiit\TOSHLETTER03082006.wpd ' POST OFFICE BOX 1111 • 11 NUGENT STREET • SOUTHAMPTON, NEW YORK 11111-1201 • 631-283-1111 • FAX: 631-113-1114 I' a n YIeW w, E f'urpase psoafeI �ed` i Cross Sections Near 5GTk 1000-81-Ib.1 Applicant A Southold, New York a LOA - 2 A K 1' S U E C Lang: R2-1�✓-j2 HRN nae Range, 25'+i- _ __ ex Datum: Kean Low Wa�� r .�`, TER2+` bkd MHN SGALE I"= 60' Max.max.I on 2 DATE �S' 510pe5 -4 (MLN S o u t h o 161 B a y s ex, /0 beach to be renourlshed with B 0 5o drift bkd. a dredged material (all above HWM) ,6 46 s4 MHW Area to be Dredged LW cm to-4M.L. �. (apprax.190 e.yds.) pinned see section A-A ha bales y , ••., C �� C / " ! Dred a Material dry�nq site existing grade -3 - " max�5o G. yds. a Z' deep -q �; material to be trucked offsite after drying. Dredged material to ^ renourish beach area MLW CEL-0) ------ :g ._ max.1:10 slopes i b 1 3 all above MHW g '�� 7 g (approx.50 c.yds.) ,l 4611 see - a6etlnn B B ----------------- \�"�b.11 Sr t" 90��O pF than fJ . .' ++ ',1 � d rF� 6L�t ) 5AJP Y e i i , .: .6 �6 aei,i; 6r Vj1 Pa��PA.box UaII ! { , V n ,r CMS �'tA•1ra� N�5 ew�d,Tr� 1 mu^ �.`:I-- o:�N I i1a1 <b �i;}• O i 'ChVdgl Mptw•Ipl' � _ _ dt W♦ " ,: e31 I p lmoxPSC c J e i I I I W t p r�.t ba o, Fop l' : Y 4 p 1/ J . 9 i81C) 1 :'REPARED BY. ��• W�: : - SEA LEVEL JAN 1 8 2001 0 ,Handed sms7 ,� MAPPING THIS PLOT WA5 04-?� 6 EAST MAIN STREET RIVERHEAD,NY 11901 tS FROM SURVEYS OF 12-21-03 °'' PHONE 696121-5151 �� L -1 ROBERT H. FOX, NYS LI6M 50191 Sheet heet I VI 1 4/29/2004 C2&� AM G,,pEmoM p+-19-p4-"Im IOIb "50'x130'AP,EA TOWN HAR130R TO 13E , FLOOD -Egg T - MAINTENANCE) WIDTH -1,000' DREDGED OA h A W >` 0 o � i rn Ln X Z °� 1 �: ry 0 I Worr d BASIN ROAD SUFFOLK COUNTY /M HAGST(YOM MAP 29 1-e I ", 3,000' Lac w 0 x 100 -D z — AREA TO BE -4+ zri m- - 0' M A I N TENAh�[ Q, "? Applicant proposes to maintenance dredge two areas of D %%B& ED D or E)dsting boat basin ( 50'x 100 and 50'x 130') to a depth of m AW trucked� -4' ALW Resultant spoil t 1,100 c.y. of sand shall be - v trucked off site for disposal. Applicant shall utilize a crane J 1 rn on a barge with clamshell bucket and enclosed containers on qp a barge. At Town Harbor, Southold, Town of Southold, AH W-A LW-z, m I Suffolk County, New York EX. 6 KD. X NY8UBC APPROVED AS PER TERMS AND CONDITIONS OF m MOD r� PERMIT (3 -< m DATE ", ai X m APPLICANT : PARADISE POINT ASSOCIATION LOCATION - BA51N ROAD SOUTHOLD PURPOSE ,' MAINTENANCE DREDGING SC"'e 1 ". I O 0 • ARRROM P; DRAWN RrAH DATE I I N O V 591 ftv"DA%F 3t9 DATUM APPARENT LOW WATER LOCU5+ ?2'23 '41 ° 03 ' S.CC.T.M.NO. 1000 -81 - 1 '16. 1 J.M.O . ENVIRONMENTAL ONSULTING DRAWING NUA R SERVICES , QUOGUE,N.Y. 631-G53-0607 I OF 3 SECTION "A" 5CALE 1 '! 10' Applicant: Paradise Point Association Location: Basin Road, Southold Purpose: Maintenance dredging_ Datum: Apparent Low Water Locus: 7223' 41'03' S.C.T.M.No. 1000-81-1-16.1 EX - GRADE' 50' AH.W4 EX' At IN 0 BLKD. EX BOTTOM -I'A A 'E TO BED DREDGED D PRO 50.TTOM- 4 EX , GLKD. Spoil Calculations: 50'x 130'=6500s.f. x 3'=19,500c.Q27=+ 722 c.y. NYSDRC APPROVED AS PER TERMS AND CONDITIONS OF PERMIT - 70b DATE � LO , Applicant proposes to maintenance dredge tw azeas of Existing boat basin ( 50'x 100 and 50'x 130') to a depth of -4' ALW. Resultant spoil± 1,100 c.y. of sand shall be trucked off site for disposal. Applicant shall utilize a crane on a barge with clamshell bucket and enclosed containers on a barge. At Town Harbor, Southold, Town of Southold, Suffolk County, New York. SHEET Z OF 3 J.M.O. Environmental Consulting Services Quogue, New York SECTION ; SCALE I "=20 Applicant: Paradise Point Association Location: Basin Road, Southold Purpose: Maintenance dredging Datum: Apparent Low Water- — Locus: 7223' 41°03' S.C.T.M.No. 1000-81-1-16.1 9 ` EX . F-10-> A &2. ' FIO-T GRADE 5 , EX OOT ROP REA TIO BE BOTTOM Spoil Calculations: 50'x 100'=5000s.f. x 2'= 10,000 c.f. '-27 + 370 c.y. N Y 9 D a C APPROVED AS PER TERMS AND CONDITIONSS 1 OF PERMIT 7170- b 1/3 DATE II Applicant proposes to maintenance dredge two areas of Existing boat basin ( 50'x 100 and 50'x 130') to a depth of 4' ALW. Resultant spoil ± 1,100 c.y. of sand shall be trucked off site for disposal. Applicant shall utilize a crane on a barge with clamshell bucket and enclosed containers on a barge. At Town Harbor, Southold, Town of Southold, Suffolk County, New York. g SHEET 3 OF 3 nmentaI Consulting J.M.O. Enviro g Services Quogue, New York 50'x130-AREA -a TOWN HARBOR < • TO 15F , FLOOD -EBB T - MAINTENANCFD DREDGED WIDTH =1,000' "A' A W r ,ccru - — 14 Ln rri P X 0- Z I — CD —�4 c f WWI , / BASIN ROAD SUFFOLK COUNTY M HAGSTROM MAP 23 SCALE 1 ''. 3,000' wCw z — AREAOTo B 1}- _ � m00, — z 0' M A I N DREDGED a, Mo0 Applicant proposes to maintenance dredge two areas of — a' D R L3" ED D o r oQ Existing twat basin ( 50'x 100 and 50'x 130') to a depth of ALW' '4' ALW Resultant spoil t 1,100 c.y. of sand shall be - o trucked off site for disposal. Applicant shall utilize a crane M on a barge with clamshell bucket and enclosed containers on 1;;6j a barge. At Town Harbor, Southold, Town of Southold, AHW-AL1N�, m i Suffolk County, New York EX. 8 D. NYSDRC APPROVED A3 PFR TERMS m m AND CONDITIONS OF O v r-� PER.14TN38-0o13 M DATE coo v ac- M M X u' APPLICANT : PARADISE POINT ASSO IATION LOCATION : BASIN ROAD SOUTHOLD PURPOSE ,' MAINTENANCE DREDGING sc.U. I '/ 100 , AMOVE°n: k"AWN BikH II NOV 99 " °a.►F t9 DATUM : APPARENT LOW WATER LOCU5s ?2°23 '41 ° 03 ' S.CC.T.M.NO. 1000 -81 - 1 -16. 1 J.M.O . ENVIRONM NTAL ONSULTING °..w �°^^°ER SERVICES , 0.UOGUE N.Y. 631-653-0607 1 OF 3 SECTION "A" SCALE I '' IW Applicant: Paradise Point Association Location: Basin Road,Southold Purpose: Maintenance dredging_ Datum: Apparent Low Water Locus: 7223' 41'03' S.C.T.M.No. 1000-81-1-16.1 EX . GRAOE50' AHW4,2-5' EX. At W 0 BLKD. r=x 130T TOM -I'AREA TO 6E DREDGED PRORD01TOM -4 EX . GLKD. Spoil Calculations: 50'x 130'=6500s.f. x 3'=19,500c.f.;27=+ 722 c.y. N Y 8 D A C (APPROVED AS PER TERMS AND CONDITIONS OF PERMIT - 706 ^/.3 DATE y , Applicant proposes to maintenance d2edTg�ei tw areas of Existing boat basin ( 50'x 100 and 50'x 130') to a depth of -4' ALW. Resultant spoil± 1,100 c.y. of sand shall be trucked off site for disposal. Applicant shall utilize a crane on a barge with clamshell bucket and enclosed containers on a barge. At Town Harbor, Southold, Town of Southold, Suffolk County, New York. SHEET z OF 3 J.M.O. Environmental Consulting Services Quogue, New York SECTION ' Bim; SCALE I ,-=20 Applicant: Paradise Point Association Location: Basin Road, Southold Purpose: Maintenance dredging Datum: Apparent Low Water- — Locus: 72'23' 4103' S.C.T.M.No. 1000-81-1-16.1 GRADE 5 , EX 80T M OP REA KED BOTTOM GED Spoil Calculations: 50'x 100'=5000s.f. x 2'= 10,000 c.f. -27 + 370 c.y. N Y 9 D a C APPROVED AS PER TERMS AND CONDITIONS OF PERMIDATE_ 7C 6113 DATE CI0 Applicant proposes to maintenance dredge two areas of Existing boat basin ( 50'x 100 and 50'x 130') to a depth of -4' ALW. Resultant spoil ± 1,100 c.y. of sand shall be trucked off site for disposal. Applicant shall utilize a crane on a barge with clamshell bucket and enclosed containers on a barge. At Town Harbor, Southold, Town of Southold, Suffolk County, New York. q SHEET 3 OF 3 J.M.O. Environmental Consulting Services Quogue, New York s Young & Young �b11 °3'?, 400 Ostrander Avenue, Riverhead, New York 11901 yFy 11 33.8-_ F 631-727-2303 per•' 0 Howard W. Young, Land Surveyor a5g Ql Thomas C. Woipert, Professional Engineer obert C. Tast. Architect Ronald RE. pfuld, Landscape Architect $ N Douglos E. Adams, Professional Engineer j EARTH FILLED BULKHEADED JETTY z g N 919 26 I TOWN ° 2.6 �i (ALSO HARBOR KNOWN AS SOUTHOLD BAY) i h w 2281`90'a4"E IM =1 HIGH wAirn .._..—..___ W .�.�,dr.':'r.PS� '',li'n,_, e I; G I m � � y _ N86°16'05"EI Nolc^ m oN "M�ofTlo io3 PAIPOINT AT 6^rvIEW 4,7?9�'F j sac,°51loci"ES j I Ul I. 1.26' - ^ xiAr�7z \ •�-•� 5x e ZZ -lib ONAo�'R4^rrO,yO � y N� II (ryYS' INC �`R/go I'N^ro ,•'"WA e$sg9 uN� I _NNq .r�'Q toHo aq jor, l Ee 0 m r cF. RP z pl I #R_ W� I ^^ I � pNi I \ ' N Q I 1W11_ I O o nOAV Or O . F j 1 m O Mgrs, Orme j In 2� r m � pq \ � � sL I oKm - > m m` a 06 0 � Io$z � EL QNoQ O J-F \\ APR30XIMATE HIGH YLATE2 O C p 6 -E u 0 Q \f M'av OP q63 tP eE'�cr aicONE,^� O\D \ \ I A 6 I a O �.. O PARADISE POIW AT BAY l O9,F \ \ \0O � 0 57 ASPHALT ROADy14Y _\ 4° _ -2-47 0E ! �i 6 0 36„ \ ?5 6° \ /-� err •_�_ 9, - o 6 \ \ ,365$/ \� \ I 9 d N r---'----------------O y, \. 33.11' 4 083j, >rP\ NF Z2,,ap 1�,\ O EARTH r+aAvwwr / L \ \ _. HON%IM \ 00 I. 30 �OCATEpMAR,K \ s F O \ ' 586°53'22"E Fac ' Nov. °", \ A3 Oj ?F�i>i„ Fog \ ,� 19.58' wrvc F.�o Wig m0 Lm o° n �0A O5� 610 \,\\\ \ m ?037�804 cpeht .rh�y N12°�Og 22.17' 9' �F D NOTE N78 SSS !r'\ 2 , r 21.51' 'a _ W\. NS>°•?S \ \'\ E r J i N86°56'5PIS 9.7 gi "n �3'OT' • rROP05ED DOCK LAYOUT AS BROWN ON MAP BY 5� N1q° r / 1 .�' � INTER-SCIENCE DATED OCTOBER 11,II, 2005 3 5.62r/ PIER CATWALK 4 N ExIBE FE DOCK �'� 12.0 • SUBDIVISION - "MAP OF SECTION ONE, PARADISE POINT AT °1a6 To BE REMovED , r NEW 4'x15' FI%ED ! N21°43'56"W r CO rOJN7EW" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK 11.53' � Nb6°05"569E, �� NEW 3'x20' FLOAT �//` � .,� r QI COUNN ON APR. II, 1963 AS FILE NO. S-ibl. NFJN 4'x12' RAMPS O= ; \ MKI IN6 WALK, WAND i r/r l i Lot 5 • THE LINE OF THE LANDS UNDERWATER SHOWN HEREON ARE � �8 FLOATING,DOLK TO REMOVED 'r 2 / / 00 1 \ �\\�V/` F�pAT 5 /^� / i � Subdivision - "Ma of Section One, q NOT CERTIFIED, AS WE aUESTION THE LANGUAGE OF SOME OF O I 4 / NEW 6'x76' FLOATING DOCK p O� THE RECORD DESCRIPTIONS. O I BASIN r -� r / Paradise Point At Bayview" //�� Z i ;� y i ji0 Suffolk County File No. 3-761 �T 0 now or formerly ry. i <`R n now or formerly �� I Ronald Hermance 8 m0 / HIG,HV1ATex WASDESCRIBBIP f N victor J. zupa S Mary S. Zupa ENGINEER'S GERTIFIGATION Kris Hermance Zp ) j IN D®L. I2I10 OP.BOB i FL OATHS COCK o RAW, 01 O� � � L. 11901 cp. 984 L. 121-78 cp. 523 ,� j � NEW N1ALK, RAMP, AND FLOATry 7 Area = 2.45012 Acrles �' i' �ry •�-_� / ESQ' / % HIGH WATER MARK - N / /J�//�'/I� L. l/V OCpGLZ� * H �^ • * j LOCATEP ON NOVKI1,20 I \ •� % Il . THOOMA . 5515 5 O G. WOLPERT, NY.5. P.E. NO.R 61483'\�DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 80897 � F14a3NP� ilK E%IG,TINYi/.L G, K,RAMP,AM ES�JIQ �� m m / j FLATIN6 POCK TO BE REMOVED e Z i h 40 \ ka Lot a \'•\ SURVEY FOR '1S S N �, I NEW WALK, RAMP, AND FLOAT �i NI Eubdlvlslon - "Map of Section one, PARADISE POINT IR11 s, m� ( r I Paradise Point At Bayview" O Suffolk County File No. 3'761 °\ ASSOCIATION, INC. S O_ NEW WALK,RAMP, AND FLOAT APPROxIMME HIGH Po,T MARK OF wes AS INDICATED ON 'MAP Of SECTION ONE, \ At Bayview Town of Southold PARADIBBPomTATBAYVIBw An,-/`�n, / Henry/ now Gr former)EferB w y •\ Suffolk County, NeYork FxIBTwa wALK, BE RAJAN 1 u 2006 MP,ANO . -, FLOATING GOOK TO REMOVED ro � _ �P� m \ L. 5429 Gp. 529 _.-.-.-.-._.-._._.- .� ------------.-._. ��ry0\' .\ 1000 81 OI 16.10 9 P � ��'� 'County Tax Map E.na°t 1000 s°°u°° 81 elncM OI mi P/O IG,.-! /' ? h \ o Lot 11 w PROPOSED DOCKS / Subdivision - "Map of Section One, �0 ry eaRl£AD 62.05' �m�� \ Paradise Point At Bayview" ffl ' N89°36'2T'W 91.82 3i.21' 00 N88°11'31"W 10 \ Suffolk County File No. 3"161 � I Lot 10 NH9°I'POT'W t, �pc. lx Lot 01 \ p Subdivision - "Map of Section One, O \ / now or formerly Z Paradise Point At Bayvlew" �! Subdivision - "Map of Section One, Edward John Boyd, V I Suffolk Count File No. 3"161 Paradise Point At Bayvlew" \ $�t3 y y rn 'I DEO. 22, 2005 Suffolk County File No. 31161 N L. 118011 op. 630 I now MAP PREPARED Nov. 2e, 2005 or formerly Dec. l4, 2005 �a Patrick J Mortimer E Donna Mortllmer ,� now or formerly Henry G. Elfers eNc L. 11886 DW3. 2004_0051_bp BP ep. 545 ,� SCALE. 1200 °e MI 97 N AMUNBIT FOUND A VANE sn ♦ - STME FOUND 0 PIPE Fw D L. 5429 Co. 529 JOB NO. 2004-0689 s