HomeMy WebLinkAboutTR-4537Board Of $outhold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO. ~',~"~-~'"'/
DATE: .~;~.(4/.95 ....
ISSUED TO ....... Linda. Fennimore & I~a Mot]~er
Pursuant to the provisions of Chapter 615 of fha Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
State o~ New York 1952; and +he SoufhoJd Town Ordinance eh-
rifled "REGULATIN~ AND THE PLACIN~ OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC ~NDS and f~
REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and Jn accordance wJ~h fha
Resolution of The ~oard adopted afa meeting held o. November 30
19~.5 , end 'n consideration of the sum of $ 200.00 paid by
La~ham..Sand....~ Gravel. on beha~.~ L... ~Fcnnimor~.
of N.Y. and subject fo the
Terms and Conditions listed on +he reverse side hereof,
of Soufhold Town Trustees aufhorlzes and permits the following:
to construct 100' of ret~ning wall ~ong foot of bluff and a 15'
return on the west side. The east side to be attached to
retaining wM1 of neighbor. Approx. 200 c.y, of fill to be
Existing rocks to be repos[tioned in fromt of wall. Bluff .to be
all in accordance with fha detailed speciflcaHons as pre~nfed ~n
, +h~ ~rlginRfing,~plicafiqn.. .......
plan~ea aha a ~u' non-:urz/non-zer~nzem buffer at top of bank
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes ifs Corporate Seal fo be affixed, and these presents fo
be subscribed by a majority of f~ sa~d Board as of +his da+=.
....................................... ...................................
Albert J. Kmpski. President
John Holzapfel, Vice President
William G. Albertson
Martin H. Gan'ell
Peter Wenczel
BOARD OF TOWN TRUSTEI**$
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
COASTAL EROSION MANAGF/~E~T PER~IT
Permit Number: 15-3-12
Name of Applicant/Agent: Latham Sand and Gravel
Name of Permittee: Linda Fennimore & Ira Mothner
Address of Permittee: 955 Soundview Road, Orient
Property Located: same
DESCRIPTION OF ACTIVITY: to construct a 100' of retaining wall
along foot of bluff and a 15' return on the west side. The east
side to be attached to proposed retain&ng wall extension of
neighbor. Approx. 200 c.y. fill to be trucked in from upland
source. Existing rocks to be repositioned in front of wall.
Bluff to be planted to prevent further erosion and a I0'
non-turf/non-fertilized buffer at top of bank.
Date of permit issuance: December 4, 1995
This permit is valid for a period of two years from the date of
issuance.
SPECIAL CONDITIONS:
Bluff restoration through a re-vegetation plan is a
necessary special condition of this permit.
A relocation agreement is attached hereto and is a
necessary special condition of this permit.
A maintenance agreement as attached with application and
is a necessary special condition of this permit.
Albert J. Krupski, Jr.
President, Board of Trustees
Albert I. Krupski, President
John Holzapfel, Vice President
William G. Albertson
Martin H. Garrell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765q823
December 4, 1995
Latham Sand & Gravel,
P.O. Box 776
Orient, NY 11957
Inc.
Re: Linda Fennimore & Ira Mothner
SCTN ~ i5-3-12
Dear Fir. Latham:
The following action was taken by the Board of Town Trustees
during its regular meeting held on November 30, 1995 regarding
the above matter:
WHEREAS, Latham Sand & Gravel on behalf of LINDA FENNIMORE & IRA
MOTHNER applied to the Southold Town Trustees for a permit under
the provisions of the Wetland Ordinance of the Town of Southotd,
application dated October 13,1995, and,
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a Public Hearing was held by the Town Trustees with
respect to said application on November 30, 1995, 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 str~cture complies with the standard set forth in
Chapter 37-18 of the Southold Town Code,
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety and general welfare of the
people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees grants a Wetland Permit to
Latham Sand and Gravel on behalf of LINDA FENNIMORE AND IRA
M~R to construct 100' of retaining wall along foot of bluff
and a i5' return on the west side. The east side to be attached
to proposed retaining wall extension of neighbor. Approx. 200
c.y of fill to be trucked in from upland source. Existing rocks
to be repositioned in front of walt. Bluff to be planted to
prevent further erosion and a 10' non-turf/non-fertilized buffer
at top of bank.
and,
BE IT FURT~LER RESOLVED that this determination should not be
considered a determination made for any other Department or
Agency which may also have an application pending for the sa~e
or similar project.
Permit to constr~ct project will expire two years fro~ the date
it is signed if not started. Fees must be paid, if applicable,
and permit issued within six months of the date of this
notification.
Two inspections are required and the Trustees are to be notified
upon completion of said project.
FEES: None.
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJKtjmd
cc: CAC
Albert J. Kmpski, President
John Holzapfel~ Vice President
William G. Albenson
Martin H. Gan'ell
Peter Wenczel
BOARD OF TOWN TRUSTF]*$
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE E~VIRONMENT
APPLICATION NO. 1000-15-3-12 Chapt.
NAME: LINDA FENNIMORE Chapt. 37
DATE: Oct. 26, 1995
97 - Wetlands
- Coastal Erosion
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Trustees, as Lead
Agency for the action described below, has determined that the
project will not have a significant effect on the environment.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: Type: Unlisted
DESCRIPTION OF ACTION: Applicant requests permit to construct t00
1.f. of retaining wall along toe of bluff with a 15' return and place
200 c.y. of clean backfill as per DEC permit dated 8/30/95
LOCATION: 955 Soundview Road, Orient
REASONS SUPPORTING T~£S DETERMINATION:
I. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental assessment, submitted by the applicant and
reviewed and completed bythe Board of Trustees, has indicated that
no significant adverse effects to the environment are likely to occur
should the project be implemented as planned.
cc. CAC
DEC
Telephone
(516) 765-1501
SOUTHOLD TOWN
CONSERVATION ADVISORY COUNCIL
Town Hall. 53095 Main Road
P.O. Bo~ 1179
Southold, New York 11971
At a meeting of the Southold Town Conservation Advisory Council held
Thursday, October 19, 1995 the following recommendation was made:
No. 1308
Moved by Bruce Loucka, seconded by John Hagerty. it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL
WITH STIPULATIONS of the Wetland Application of LINDA FENNIMORE AND
IRA MOTHNER 15-3-12 to prevent further bluff erosion and loss of property
proposes to construct 100' of retaining wall to connect to the wall of
Zacharious to form ,a continuous retaining wall and return to alley|ate a
constant washout situation.
The Council recommends approval provided applicant move wall back 15' to
tie in with existing structures; to contain and help address the erosion caused
by overland runoff, install a 15' non-turf buffer at the top of the bluff back
toward house; regrade top edge of bluff to slope back toward house so water
flows away from the bluff; and staircase should also be rebuilt.
955 Soundview Road, Orient
Vote of Council: Ayes: AH
Motion carried.
Albert J. Kmpski, President
John Holzapfel, Vice President
William G. Albertson
Martin H. Gan'ell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-I823
Office Use
~oastal Erosion Permit Apt
.~etland Permit Application
Grandfather Permit Application
~ustee Lands Permit Application
,/~ecelved Application:/~:/~J-
7~erical Review: t~t~/~J'~. ,
~ompleted Appli~ation~_~
7I ncomplet e~_~ ~
SEQRA Classifi~tion.~ -
Type I Type II d~nlisted~
~c~Aordination: {dat? s~t)
C Referral Sent.
7~ate of Inspection: ! '
%~Receipt of CAC Rep~rt:!date)/~/.Ft"
~'TechnicaA
Public Hearing:(date)..-~
~cision: Approved,~Y/N) {'Mate)
~pplication Fee:$~, ~
Name of
Applicant Linda Fennimore & Ira Mothner
Address
955 Soundview Road
Orient, NY 11957 Phone Number:(516 ) 323-1233
Suffolk County' Tax Map Number: 1000 - 015-3-12
Property Location: 955 ~oundview Rd.~ Orient - 0rient-By-The-Sea, Lot #23
Section One. (1 house West of Martin Zacharius)
(provide LILCO Pole ~, distance to cross streets, and location)
Agent: Latham Sand & Gravel~ Inc.
(If applicable)
Address: ~.0. Box 776
Orient, NY 11957 Phone: 323-2585
~'~ ~of Trustees Applicati~~
GENERAL DATA
Land Area (in square feet): 1/2 ac., approx.
Area Zoning: Residential
21,780 sq. ft.
Previous use of property:
Intended use of property:
Residential
Residential
Prior permits/approvals for site improvements:
Agency Date
to Donald Sonnenborn
NYS D.E.C. previous owner
NYS D.E.C. Bluff Restoration
NYS D.E.C. Retaining Wall & Fill
transfer
9/11/91 deed &'DEC permit 10/11/91 to
Sonnenborn
9/4/93 to Fennimore
lO/5/95
NOTE: 4/28/93 letter to Trustees advising change of ownership and amendment due to
__No prior permits/approvals for site improvements, storm damage.
Has any permit/approval ever been revoked or suspended by a
governmental agency?
x No Yes
If yes, provide explanation:
Project Description (use attachments if necessary): Permit Amendment -
Construction of 100' of retaining wall along foot of bluff and a 15' return on
the West side. The East side to be attached to the proposed retaining wall extension
of neighbor, Martin Zacharius. Approx. 200 cu. yds. fill to be trucked in from
upland source. Existing rocks to b.e repositioned in front of wall. Bluff to
be planted to prevent further erosion.
Board of Truste,es Appllc Ion
COASTAL EROSION APPLICATION DATA
Purposes of proposed activitY: Bluff Stabilization & Erosion control
Are wetlands present within 75 feet of the proposed activity?
x No Yes
Does the project involve excavation or filling?
No x Yes
If Yes, how much material will be excavated? 0
How much material will be filled? 200
Manner in which material will be removed or deposited:
(cubic yards)
(cubic yards)
Trucked
Describe the nature and extent of the environmental impacts
reasonably anticipated resulting from implementation of the
project as proposed. (Use attachments if necessary)
Prevention of further bluff erosion and loss of property~
Bluff restoration b~ placing fill and plantin$ the area has not been an
effective way to control a severe erosion problem. Adjacent neighbor
(Zacharius), has had more success with the portion of his property already
held by retaining wall. The proposed 100' of wall will connect to the
additional permitted wall of Zacharius to form a continuous retaining wall
and return to alleviate a constant washout situation.
5
PROJECT I.D. NUMEER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project spbnsor)
1. APPLICANT/SPONSOR I 2. PROJECT NAME
Linda Fennimore I Bluff Stabilization - Re. taining Wall
SE
3, PROJECT LOCATION:
Municipality Orient - County Suffolk
4. PRECISE LOCATION (Street address ane roaa ~ntersections, prominent landmarks, etc., or provide map)
955 Soundview Road, Orient, NY - Lot ~23, Orient-By-The-Sea Subdivision, Section One
Tax Map ~i000-015-3-12
5. S PROPOSED ACTION:
[] New [] Expailsion [] ModiRcation/aReration
6. DESCRIBE PROJECT BRIEFLY:
Previous owner, Donald Sonnenborn, had permits for bluff restoration.
Southold Trustees notified by .letter dated April 28, 1993 from Latham Sand & Gravel
bf ~wnership transfer and reqnested modification to include additional fill. This
did'not work; now propose to construct 100' re'taining wall, 15' return & 200 yds.fill.
7. AMOUNT OF LAND AFFECTED:
Initiagy - acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
~[~ Yes [] NO If No, describe briefly
9~
WHAT IS PRESENT LAND USE IN VIC[N[T~ OF PROJECT?
[~ Resider~tial [] !ndustrial [] Commercial
Describe:
· Single family home on L.I. Sound
[] Agriculture
[~Par~Forest/Open space ~--~Of~er .
DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR[ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL
STATE OR LOCAL)? .-
~7~ Yes [] No If yes, list agency(s) and permil/approvals .'-
NYS D.E.C. - 10/5/95, Const~ruct 100' retaining wall, 15' return, 200 cu.yds, fill
Southold Town Trustees '-~- .
DOES ANY ASPECT OF THE ACTIO~'~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
J~ Yea [] No If yes, list agency name and permit/approval
N.Y.S D.E.C. - 1-4738~00384/00002-0
t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION?
[]No Amendment to Town permit for st.orm damage
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE
~9~- - Latham Sand & Cr~vel, Inc.
Applicantlsponsof name: ) Date:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this a._~,essment
OVER-
1
.~ '~ ~/3oard of Trustees Applicat~ t~
County of Suffolk
State of New York%
DEPOSES AND AFFIRMS THAT HE/SHE IS THE~Ai~LICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL
WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN
TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS
ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN
COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,
THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY
TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS
APPLICATION.
SWORN TO BEFORE ME THIS
DAY OF OC~~-o~e~C ,19_~
Notary Public
MARION G. LATH,AM
Notary Public, State Of New York
No. 52-464.9732, Suffolk Coun~
Term Expires~e-c~-~ ~--~ ~)
3
AUTHORIZATION FORM
Date August 19, 1995
I, Linda Fennimore
owner of property at the following
location, 955 Soundview Road, Orient, NY ,
do hereby give Latham Sand & Gravel, Inc. authority to act in my behalf
as petitloner/agen't in applying for such permits as necessary in order for
work to be done at my property.
Signature
LATHAM
& GRAVEL, INC.
Main Road, P.O. Box 776, Orient. NY 11957
Office 323-2585 · FAX 323-2566 · Home 765-1988
October 13, 1995
Board of Town Trustees
Town of Southold
P.O. Box 1179
Southold, NY 11971
Re: Orient--By-The-Sea properties of
Linda Fennimore (previously owned by Donald Sonnenborn)
and Martin Zacharius
Dear Members of the Board of Trustees:
We are submitting an application for an amendment to approvals for
bluff restoration and erosion control for Linda Fennimore. The placement
of fill and planting the area has proven to be an ineffective way of
controlling the constant wash-outs which plague this bluff. As her
neighbor, Martin Zacharius, has had some success with the construction of
a retaining wall, Ms. Fennimore would now like to utilize this method of
bluff stab±lizationo
Enclosed for your review is a copy of the D.E.C. permit recently issued
for this work.
The delay in applying for a storm damage permit from last December's
storm was due, in part, to a lack of communication between Ms. Fennimore
and Mr. Zacharius.
Mr. Zacharius' permit expiration has been extended because although some
of the work on the stairs and bluff was started, due to a severe health problem,
Mr. Zacharius was unable to financially continue. Now, as a joint effort, both
Ms. Fennimore and Mr. Zacharius wish to complete the project.
Thank you for your consideration.
Very truly yours,
C.
Terry
President
CTL:mgl
eric.
Morine Construction · Dredging o Precost Cesspools o Excavating ond Lond Development
Print or Type:
ffi. ce use only
ile ~:
ermit ~:
FOR
TOWN OF SOUTHOLD
HIGHWAY DEPARTMENT
PECONtC LANE
PECONIC, NEW YORK
~PERMIT & BOND APPLICATION
ACCESS THROUGH TOWN OWNED PROPERTY
1)
Linda Fennimore & Ira Mothner - 955 Soundview Rd., Orient
Shirley Zacharius - 1055 Soundview Rd., Orient
(Name of Applicant) (Address)
Latham Sand & Gravel, Inc., 37725 Main Rd., P.O. Box 776, Orient
(Name & Address of Contractor Involved)
15 - 3 - 12
Orient-By-The- Sea : 1OOO- i5 - 3 - 13
(Project Location) (S.C..T.M. #)
northern end of Land's End Rd. : Orient
2)
~)
~)
~)
(Name of Road or Town Property Involved) (Hamlet)
Removing guard rail, placing approx, i00 yds. of fill at eroded beach area
(Brief Job Description)
to construct a temporary ramp for equipment access to beach in order to
~)
7)
8)
complete the permitted retaining walls for Fennimore & Zacharius. On
completion of ~ob, we will spread the fill for the Town, at our own expense,
along the eroded beach area and reinstall the guard rail.
St artin9 Dot e: August 1, 1996 Completion Dot e: Sept. 30, 1996
Estimated Cost of Proposed Work:
Insurance Coverage:
A. The coverage required to De extended to the Town:
Bodily injury & Property Damage;
$300,0OO/$5OO,000 Bodily Injury & $50,O00 Property Damage
Insurance Company:
Insurance AgenI
Name & Telephone ~
Hartford Ins. Co.
Roy H. Reeve Agency -Jon Shearin
: 298-4700
Policy ¢~ : 12UENCQ1952
State whether policy or certification
is on file with the Highway Department: Yes
(If no, Provide a copy with Application)
(Signature~of Applicant)
(yes/no)
(~ate)
To be completed Dy the SuPerintendent
Bond Amount ~)(~ ~
Requi red: }
of H~ways:
.I / (~ gnatC~re)
HEW YORX STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEC PERMIT NUMBER
I-4T58-00384/00002-0
FACILITY/PROGRAM NUMBERCS)
PERMIT
Under the Enviroreenta[
Cor~ervation Law
EFFECTIVE DATE
October 5, 1995
EXPIRATION DATE(S)
October 5, 1997
TYPE OF PERMIT ! New D Renewal 2 Modification ! Permit to Construct D Permit to Opera:e
D
D
D
D
D
Article 15, Title 5: Protection
of Waters
Article 15, Title 15: Water
Supply
Article 15, Title 15: Water
Transport
Article 15, Title 15: Long
Island Wells
Article 15, Title 27: Wi[d,
Scenic and Recreational Rivers
6NYCRR 608: Water Quality
Certification
Article 17, Titles 7, 8: SPDES
D Article 19: Air Pollution
Control
Article 23, Title 27: Mined Land
Reclamation
[] Article 24: Freshwater Wetlands
! Article 25: Tidal Wetlands
Article 27, Title 7; 6NYCRR 360:
Solid Waste Management
Article 27, Title 9; 6NYCRR 37'5:
Hazardous Waste Management
Article 34: Coastal Erosion
Management
Article 36: Floodplain
6NYCRR 380: Radiation Control
Other:
PERMIT ISSUED TO I TELEPHONE NUMBER
I
Linda Fennimore
ADDRESS OF PERMITTER
955 Sourceview Road, Orient, New York 11957
CONTACT'PERSOH FOR PERMITTED WORX TELEPHONE NUMBER
Latham Sand and Gravel, Inc. (516) 323-2585
NAME AND ADDREBS OF PROJECT/FACILITY
Fennimore Propertyr 955 Soundview Road
LOCATION OF PROJECT/FACILITY
Irient, New York 11957
COUNTY
Suffolk
TOWN
Southold
WATERCOURSE
L.I. Sound
NYTM COORDINATES
I]ESC~IPTIC~I C~F/~LJTH]~IT~r~/~TIVITY
Construct 100 linear feet of retaining wall along the toe of the bluff and 15~ return, place 200 cubic yards of clean
backfill. Ali work she[[ be done in accordance to plans prepared by Latham Sand and Gravel Inc. dated August 30, 1995.
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) and any Special Conditions included as part of
this permit.
PERMIT ADMINISTRATOR:
Robert A. Greene
ADDRESS
Bldg. 40, BUNY, Room 219, Stony Brook, NY
AUTHORIZED SIGNATURE
DATE
October 5, 1995
11790-2356
Page 1 of 5
!nspect ior~
'rhe permitted site or facility, including relevant records, is subject to in-
spection at reasonable hours and intervals by an authorized representative of
the Depar~unt of Envirormental Conservation (the Depart, cunt) to determine
v~ether the permittee is ccrrplying with this permit and the R~_. E~ch represen-
tat ive tray order the work suspended pursuant to R3 71-0301 and EAPA 401 {3). A
copy of this permit, including all referenced maps, dra~ings and special
conditions, trust be available for inspection by the Depart~unt at all timas at
the project site. Failure to produce a copy of the permit upon request by a
Depar~,~unt representative is a violation of this permit.
Pem~it ~ and Re~e~ls
2. The Deparbl~nt reserves the right to rrodify, suspend or revoke this permit ~t~en:
a) the scope of the pemqitted activity is exceeded or a Violation of any
condition of the permit or provisions of the R'~ and pertinent regula-
tions is feund;
b) the pea'nit ~as obtained by misrepresentation or failure to disclose
re levant facts;
c) newrraterial info,~'ation is discovered; or
d) envir~cental conditiens, relevant technology, or applicable I~v o~
regulation have material ly changed since the permit ~s issued.
3. The permittee rrust sub'nit a separate written application to the Depari~unt for
rene~l, rroclification or transfer of this permit. Such application m~.t inoludel
any fo~"s, .fees or supplemental info~u~tion the Depart, runt renu. ~res. Any
renewal, rrndlfication or transfer granted by the Depar~'ent must be rewriting.
4. The permitteerrust sub~it a reneAal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge
El imination Syst~n (SP[::ES), Fazardoua V~ste IVanager~nt Facilities
(HEM:), major Air Pollution Control (AFC) and Solid V~ste JVanege~ent
Facilities (E~F); ~
b) 30 days before expi r~t ion of al I other permit types.
Unless expressly provided for by the Deparln~nt, issuance of this permit does
not rmdify, supersede or rescind any order or determination perviously issued bYi
the Deparl~'~'~nt or any of the te~'~, conditions or requiratunts contained in such~
order or determination.
Other Legal Chi igations of Pem~ittee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all d~rages, direct or indirect, of ~atever
nature and by ~uver suffer, ed, arising out of the project described in this
permit and has agreed tO indeTnify and save harmless the State fr~n suits,
actions, d~,~ges and costs of every r~ and description resulting fro~ this
project.
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 v~rl( nor does it authorize the irrpai~nt of any rights, title, or
interest in real or personal property held or vested in a person not a party to
the permit.
8. The permittee is responsible for obtaining any other permits, approvals, lands,
eas~rents and rights-of-v~/ that nuy be requi red for this project.
Page 2 of 5
95-20-6a 17/92) -- 25c
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24,
9 That if future operations by the State of New York require an al-
teration 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 a ter 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 com-
pleted, 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 aH 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.
10 That the State of New York shah 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.
11 Granting of this permit does not relieve the applicant of the responsi-
bility 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,
12. All necessary precautions shall be taken to preclude contamination
of any wetJand or waterway by suspended solids, sediments, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, Jeachate or any
25, 34 and 6 NYCRR Part 608 (
other envlronmentally deleterious materials associated with the
project,
13 Any material dredged in the prosecution 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.
14. There shall be no unreasonable interference with navigation by the work
herein authorized.
15. If upon the expiration or revocatlon of this permJt, 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 ali or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shah be made against the State of
New York on account of any such removal or alteration.
16 If granted under 6 NYCRR Part 608, the NYS Department of Environ-
mental 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.
17. All activities authorized by this permit must be in strict confdrmance-
with the approved plans submitted by the applicant or his agent as part
of the permit application.
Such approved plans were prepared by
on
SPECIALCONDITIONS
1. The bluff shall be planted with Cape American Beach grass on
i8" centers and the applicant shall ensure a minimum of 85%
survival of plantings by the end of five growing seasons. If
this goal is not met, the applicant shall re-evaluate the
restoration project in order to determine how to meet the
mitigation goal and submit plans to be approved to the Bureau of
Marine Habitat Protection, Building 40 SUNY, Stony Brook, NY
11790-2356.
2. The storage of construction equipment and materials shall be
confined to within the project work site and or upland areas
greater than 50 linear feet from the tidal wetland boundary.
3. 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.
debris is permitted in ~idal wetlands and or protected buffer
areas.
No
4. There shall be no disturbance to vegetated tidal wetlands or
protected buffer areas as a result of the permitted activity.
5. Ail fill shall consist of "clean" gravel and soil (not
asphalt, slag, flyash, broken concrete or demolition debris).
DEC PERMIT NUmBeR
1-4738-00384/00002-0
PROGRAM/FACILITY NUMBER
r g"a-e 3' of 5
SPECIAL CONDITIONS
25 Tidal Wetlands
ForArticle (. j
6. NO excavation of the beach is authorized for the purpose of
obtaining fill or stone materials.
7. Ail peripheral berms, cofferdamS, rock revetments, seawalls,
gabions, bulkheads etc. shall be completed prior to placement of
any fill material behind such structures.
8. Equipment operation below apparent high water is strictly
prohibited.
9. There shali be no discharge of runoff or other effluent over
or through any bulkhead or shoreline stabilization structure or
into any tidal wetland or adjacent area.
Supplementary Special Conditions (A) through (F) attached.
DEC PERMIT NUMBER
]-4738-00384/00002-0
FACILITY ID NUMBER
PROGRAM NUMBER J Page 4 of 5
SU~PLEMENTkRY SPECIAL CONDITIONS
The following conditions appl~ to ell Tidal Wetlands; Freshwate=
Wetlands; coastal ~rosion Ma~agement; and Wild, Scenic,
Recreational Rivers Permits:
A copy of this permit, including all conditions and
approved plans, shall be available a= the project site
whenever authorized work is in progress. The permit
sign enclosed with the permit shall be protected from
the weather and posted in a conspicuous location at the
work site until all authorized work has bean completed.
The permittee shall require t_hat any contractor,
project engineer, or other person responsible for the
overall supervision of this project reads, understands,
and complies with this permit and all its general,
special, and supplementary special conditions. Any
failure to comply precisely with all of the terms and
conditions of this permit, unless authorized in
writing, shall be t_rea=ed as a violation of t_he
Environmental Conservation Law. If any of the permit
conditions ere unclear, the permittee shall contact the
Division of Regulatory Affairs at the address on page
one or telephone (516) 444-0365.
If project design modifications become necessary after
permit issuance, the permittee shall submit the
appropriate plan changes for approval by the Regional
Permit Administrator prior to undertaking any such
modifications. The permittee is advised that
substantial modification may require submission of a
new application for permit.
At least 48 hours prior to conuuencement of the project,
the permittee and contractor shall sign and retul-n the
top portion of the enclosed notification form
certifying that they are fully aware of and understand
alt terms and conditions of this permit. Within 30
days of completion of the permitted work, the bottom
portion of that form shall also be signed and returned,
along with photographs of the completed work and, if
required, a survey.
For projects involving activities to be undertaken in
phases over a period of more than one year, the
permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to
recommancing work in subsequent years.
The granting of this pe~it does not relieve the permittee
of the responsibility of obtaining a grant, easement, or
other necessary approval from the Division of Land
UtiliZation, office of General Services, Tower Building,
Empire State Plaza, Albany, NY 12242 (516) 474-2195, which
may be required for any encroacb_ment upon State-owned lands
underwater.
DEC Pez-mit No. 1-4738-00384/00002-0 Page 5 of $
Z
~q t.,L C,.- t~ S T 3o, l'~q~'
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF V~/TAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New~ork 11971
Fax (516) 765~1823
Telephone (516)765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
APPLICATION FOR PUBLIC ACCESS TO RECORDS
INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's
Office (agency Freedom of Information Officer)., One copy will be returned to you
in response to your request, or as an interim response.
SECTION I.
To:
(Department or Officer, if known, that has the information you are requesting.)'
RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply
date, file title, tax map number, and any other pertinent information.)
Print~ Name: ~LCf~ ~- ~00 ~
Address: ~-~/0%0 /~,~t//V/d.O /
Mailing Address (if different from above}:
Telephone Number: '-~ b~ <'Z/~ ,~ff-D Date: // / Iz//~
] APPROVED I:~ ~,{~,.l~lt/e,i~
] APPROVED WITH DELAY* [ ] DENIED*
Elizabeth A. Neville [O~lR ~UlOlU
'Fr~m of InformatiOn~ Officer
* If delayed or denied see reverse side for explanation.