HomeMy WebLinkAboutTR-6308 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
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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.)
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pdm ppi . 1T< p4 �. Q
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(sax I'JQIldb)• i
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1'11"7 p"il*RIN 40'
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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.
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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
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Photo 3. View of the location that the new dock will be constructed in for the Paradise
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Photo 4. View of the existing main dock for this association.
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PARADISE POINT ASSOCIATION,INC. PROJECT
Proposed Maintenance Dredging
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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.
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Photo 12. View of existing dock association.
PARADISE POINT ASSOCIATION,INC. PROJECT
Proposed Maintenance Dredging
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Photo 13. View of existing association docks and boat basin beyond.
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Photo 14. View of existing association docking and boat basin on left portion of
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PARADISE POINT ASSOCIATION,INC. PROJECT
Proposed Maintenance Dredging
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Photo I5. View of existing dock. The throat of the channel is to the right hand side of
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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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-- E-111Y T- d a C ua1Y Cert FI Eead,N Y 3L90I 0 81
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Paradise Point Association
c/o Patrice Keitt
320 East 57`" Street
Apartment 15E
New York, NY 10022
April 27, 2007
Town of Southold, Office of the Town Attorney
53095 Route 25
Southold, NY 11971
Attention: Lori Montefusco, Esq.
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
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:'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
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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