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TR-6-4-5
TRUSTEES John M. Bredemeyer, III..President Albert J. Krupski, Jr,, Vice President Henry P. Smith John B. Tut:hill William G. Albertson Telephone (516)1765-1892 Fax (516) 765-,1823 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O, Box 1179 $outholcl, New York 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit Number: 6-4-5 Name of Applicant/Agent.: J.M.O. Name of Permittee: Ann Posey Ferguson Address of Permittee: 181 Lewis Lane Fairhaven, NJ 07704 Property Located: Central Ave., Fishers Island DESCRIPTION OF ACTIVITY~ to construct a single' family dwelling, associated sanitary system, gravel driveway, decks, with public water for a variance under Town Code Section 37-13D, insufficien% setback or movable structures (deck) within the building hazard area. (see Attached). Date of permit issuance: April 30, 1993 This permit is valid for a period'of two years from the date of issuance. SPECIAL CONDITIONS: **XXX. Bluff restoration through a re~vegetation agreement is attached hereto and is a necessary special condition of this permit. NA A relocation agreement is attached hereto and is a necessary special, condition of this permit. NA A maintenance agreement is attached hereto and is a necessary special condition of'this permit. ** Th~ deck construction shall be open with.a wood deck 'and concrete on.wood piles.' The site seaward of the house shall be planted with salt tolerant species as proposed on the March 24, 1993 I'of 3 additions to the October 4, 1990 Chandler Palmer and King survey. This shall Serve as the planting agreement for this site. There shall be one inspection of this site to confirm that the construction and planting .requirements have been met. John M. Bredemeyer; III President, Board of Trustees OMB: jmd cc: Build±ng 'Dept. Attachments 2of3 Board .Of $outhold 'Town Trustees' $OUTHOLD, NEW YORK PERMIT .NO, .~5.? ........ DATE: ...A.. p.<il..~.3.O.~,... ~.9 9 3 ISSUED TO .......... Pursuant to the provisions of Chapter 615 of the Laws of the. State of' New York, 1893; and 'Chap+er.404 of 'the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REG. ULATfNC~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS-and the REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS~" and in accordance with the Resolution of The Board adopted at a meeting held on ....~cb....~.~., 19..~.3 ..... and i'n consideration of the sum of $ ........ ~.5.0.~0~ paid by ....... ~.,..~.,Q... GO.~',~r .. ~....b~...~...~.~.~.g~.9~. .................... O~ ......................................................... : ............................ N. Y, a,a subiec~ ~o ~he Terms and Cond~'fions I~sfed on the reverse s~de hereo~, of SoufhoJd Town Trustees authOriZes and permits '+he following: to c6ns.truct a single f~ily dwelling., associated sanita~ system, gravel driveway, decks, ~th public wat~r as per map daCed March 24, 1993 all in accordance wi~h the defai~ed specificMions as pre~nted in the orlg~nafing application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes ifs Corpora+e: Seal ~o be a~fixed, and these presents to d 'as of this date. be subscribed by a majority of~he said . ......... . . ~.' ~' ~ .~' Trustees TRUSTEES Joh.n M. Bredemeyer, iff. President Albert J. Krupski, Jr., Vice President Henry P. Smith 10hn .B.' Tuthill William G..Albertson TelephOne (516) 765-1892 Fax (516)'765-.1823 BOARD 'OF 'TOWN 'TRUSTEES TOWN OF SOUTHOLD 'S~PERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O'. Box 1179 S0uthotd, New York 11971 April 30, 1993 J.M.O, Consulting P.O. Box 447 Quogue, NY 11959 Re: Ann Posey Ferguson SCTM 91000-6-4-5 Dear Mr. Just: The following action was taken by the Board of Town Trustees during its regular meeting held on Thursday, March 25, 1993 regarding the above matter: WHEREAS, J.M.O. on behalf of Ann Posey Ferguson applied to the SOuthold Town Trustees for a permit under the provisions o~ the Wetland Ordinance of the Town of Southold, application dated January 28, 1993 and, WHEREAS said application was r.eferred 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 Thursday, March 25, 1993 at which .time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect 'the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED that the Board of Trustees approves the .application of J.M.O. Consulting on behalf of Ann Posey Ferguson.to construct a single family, dwelling, associated sanitary system, gravel driveway, decks, with public water as per maps dated March 24, 1993. Located Fishers Island. Permit will expire two years from the date it is signed. Fees must be PaiO, if applicabler 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 projec't. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: No Fees Very truly yours., John M. Bredemeyer, III President, Board of Trustee JMB:jd TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice. President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax. (516) 765-1823 SUPERVISOR SCOTT L. HARRIS Town Hail 53095 Main Road P.O. ~Box 1_179 Southold,. New York 11971 BOARD OF' TOWN TRUSTEES TOWN'OF SOUTHOLD S. E. Q ~.R..A. N~GATIVE DECLARATION NOTICE OF NO: SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-6-4-6 NAME: Ann Posey Ferguson DATE.:' March 10', 1993 Chapt. 97- Wetlands Chapt. 37' - 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 Southoid 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 depar.tment or agency which may also have. an application pending for the same or similar project. A planting survey shall be submitted prior to final approval. TYPE OF ACTION: Unlisted CEA DESCRIPTION OF ACTION: Applicant proposes to construct a single family dwelling, associated sanitary system as per enclosed plans. LOCATION:SOTM ~t000-6~4-6 REASONS SUPPORTING THIS DETERMINATION: t. An on site inspection has been conducted by the Board. of Trustees. 2. An environmental assessment, submitted by the..appiicant and reviewed and completed by the Board of Trusteesr has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned.. cc: CAC TRUSTEES John .M. Bredemeyer,. HI, President Albert J. Krupski, Jr., .Vice President Henry P. smith John B.. Tuthill William G~ Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD O}r TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O: Box i179 Southold, New York 11971 February 15. 1993 J~.M.O. ConsUltants Glenn Just P.O. Box 447 Quogue, NY 11959 RE: Ann Posey Ferguson SCTM ~1000-6-4-5 (93.1) Dear Mr. JUst: An inspection was made of the above referenced, site today by represent.atives of the Town Trustees and Conservation Advisory CoUncil. The following items should be considered in completing your application for Town Permits: It was found that the deck as proposed will have approximately 195 sq.ft, within the Coastal Erosion Building Hazard Area and that the houSe is just beyond that area. Since the deck is propoSed within 20 feet of the point of inflection of the 'bluff, the bluff setback is at variance from the Coastal Erosion Ordinance on an average of 20%. {Section 37-13D requires 25 foot setback for movable structures) Since the property was cleared within the hazard area. we would request that restoration and planting plans for all areas seaward of the house be submitted as part of your application. Fortunately, it was found that our initial concerns of a permanent foundation existing within the hazard area were not realized and I will be recommending approval of a variance for an open constructed deck by the entire board of Trustees. I believe the property is constrained.and the circumstance are unique such that a variance is warranted. As soon as we receive the restoration plan and written conformation that an open constructed deck is possible, we will conclude SEQRA and schedule a joint Wetland'Coastal Erosion Public Hearing. I want to thank you for your cooperation in this matter. S/~cerely, President', Board'of Trustees JMB:jmd cc: Bldg. Dept./ Mr. Ferguson .Stephen Ham Wffiiarn G. ~rtson. Telephone'.(5i6). 765:1892 · Fax JanuarY. 11.., 1993 BOARD OF ~</O~TRuSTEES · 0F'SOmOLD Alfr.ed: Fe:rguson ~81: LeWis' ';Lane F'airSaven, NJ .0770'4 Ann. Posey Ferguson SCTM'~000'0-6-4-5 Dear Mr. Ferguson: The Southold Town Trustee's recently received a:'complaint that Work proceeding on your prOpe~'~6n Central Avenue, Fishers Island. at the~designated SuffoIk C~unty'Taxmap'location of 1000-6'-4-5 was taking place without the benefit, of an environmental review and posSib~ty one or more permits which are the responsibility of this off~ce. An inquiry to the S0uthold Town Building Department resulted in an in~estigationby this offide.as to the conditions surrounding the issuance of your b~ilding'permit. Unfortunately it was found that the building inspector incorrectly relied on our letter-of no~jurisdiction of ~0ctOber 28, 1991 when he granted your September 1992 building permit. The site is in fact jurisdictional for the requirement of two permits administered by this office, ~he Towns Coastal Erosion Hazard Area Ordinance (Chapter 37.) and the Town Wetland Ordinance (Chapter 97). These requirements became effective after our letter of non-jUrisdiction of October 28, 1991, a fact which was oYerlooked by the Buitding'.Department. If you have not already received a stop work order from the Building Department you can expect one shortly. In order for this office to properly meet it's mandate you will have to apply for the aforementioned permits. Enclosed you will find a permit .applicatiOn which includes a long environmental assessment form' Which must be .completed for this project. In addition to having your s.urv:eyor place the Coastal Erosion Hazard .Line on your .licenSed survey as part of your application, we are asking .your application .tO 'include detailed information. on you~.: restoration .and landscape plan's for all cut, filled or de-vegetated portions of the. site as well as 'detailed. plans surrounding the. de~k which is within the bui!ding' 'ihaZard area. Your ..applic'a%ion :f.e~s: iwit.1 be $.150;00 for the wetlahud¥"~ermit and -~ $i~'50".,i:.'0'~...i'.f~r :":ia..~.. Wa.ri"~nSe:.. appliCation · under ..the.. ~/f~i:.~ ~O'sio~' H.a'zaid .:i'Or~h'am~e'.~or.:a''~'' ~Otal'? f~e of $ 4 O0.00 :. 'P~Z~:i:'il; ~'::~.a~t':' t~at .'the.~'B~'~g :D~ :?:'~a~ ~ot '"" :' "~ "" : ' "' ' ' - - ' · ~: ~ ~. _t.. ~:~ ~=~%~ .:..~ ~ _. ~:~::~..:~k::~.."O'~ ::. on'.~:..~:~e.....ent~9.~;: ~.i'S~tion:. ~a~r:~?gn~.': To~::'~.~.:,.~.:' '.:':. · If you have any questions, please do not hesitate.:to CklI. Very truly yours, John M. Bredemeyer, tti PreSident, Board of Trustees ~i~B:.jmd en¢l. cc: Harvey Arnoff BUilding Dept. J..M.O. Consulting TRUSTEES John M. Bredemeyer, III, Presidenl Albert J. Krupski, Jr., Vice President Henry R Smith, John B. Tuthitl William G.' Albertson Telephone (516)' 765q892 Fax (5.16) 765-1'823 SUPERVISOR' SCOTT L. HARRIS Town Hall 53095 Main Road .RO.'Box.i179 Somhotd;' NeW York 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO :. FROM.: DATE: RE: Curtis Hor..ton, senior Bui'ldin9 InspeCtor - John' Bredemeyer,. President Board o~~es December 21, 1-992 Ann Pose.y Ferguson, SCTM 96'-3-5 A review of the "as~built" foundation lo.cation of the above referenced housinq start 'leads. me to believe that a building. permit was issued without permits required by this office. Southotd Town Code Chapter 97 was amended in January 199.2 to include all "sounds" thus negating my non-jurisdiction letter to you of October 28, 1'991. Southold Town Code Chapter 37 was adopted October 8, 1991 .and ultimately signed by the commissioner of the NYSDEC on November 4, 1991.. Since the foundation in questioD, is., by the surveyors own judgement, within 44' (feet) of the.wetlands and as the coastal erosion "Structural'Hazard Area" may lie as much as'40' - 50' (feet) landward of the top of the bluff on this lot, this office must ask that you issue a stop work order 'on this project such that the required Town Tidal Wetlands and Coastal Erosion Permits can be considered by this Board for those activities takin9 place wilthin our jurisdiction. cc. Don Dzenkowski cc. Town Attorney TRUSTEES John .M. Bredemeyer, Iff, President Albert J. Krupski, Jr:, Vice Preside.hi Henry.. P.. Smith JOhn B. Tuthill William G. All~ertson · Telephone (5!6) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES T.OWN OF SOUTHOD S~ERVISOR · SCOTT L. HARRIS Town Hall 53095 Main Road P.O. :Box 1t79 'Southold, New York 11971 TRUSTEES John M. Bredemeyer; III, President Henry P. Smith, Vice President Albert I.'Kmpski, Jr. John L. 'Bednoski,. Jr. lohn B. Tuthili Telephon~. (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Halt 53095' Main Road P.O. Box 1179 Southold, New York 11971 October 28, 1991 J..M.O. Consulting P.O. BOx 447 Quogue, NY 11959 RE: Ferguson, Fishers Island Dear Mr. Just: Presently parcels on Long Island Sound are not within the jurisdiction of the Town Trustees under Chapter 97. As.per phone conversation with you and the clerk to the Board, the $35.00 fee will be credited to the Sam Gordan application for the inspection. If you have any questions, please do not hesitate to contact this office'. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: jmt TRUSIEES 10hn M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, John.IUd' Bednb~ki, Jr. JOhn B,-Tu'thitl' ' TelePhone (516) 765:1892 Fax (5'16) 765-1823 BOARD. OF TOwN ~RLIST.EES TOWN'OF SOUTH'OLD SUPERVISOR ScoTr L: HARRIS Town' Hall 53095 Main Road P.O:. Box 1 I'79 Southold, New 'York 1.1971 COASTAL EROS.!ON.: M:giN':A-$EM'EN.T PERM tT~ AP.PLI. G/~T'I.ON ""- "" '"'TOWN.. W.ET'L~DS{!".~2ERMi.T ,APPL.I CATI.'0N. '. TRUSTEE":: L~D~:?:'~E~iT~ ~PLI CATION Office Use:. only: ~Coashal ErosiOn permit ApplicatiOn ~Wetland Pe'rmiE: Application .~ :~ : ~Tru.sEe6 Lands'per'mi~ ~pPi~ca%~On: .]]~]~ ~'~ ~Srandf:ather'. " .. '.'~ · : ~'~'-"~ .. ~ ~'~~~' {~ E .~V~riaBce Required, .-- ./~'.-, ~-Y' ]~]d~~ ['. ~ '. "' '. '" : ' ~'~ ~ SpeCial Conditions:-~/U' ' ~[,- (also see file) Application Fee: Application Number; SCTM %100.0-006-04-5 Project Name {If any) ProD0se'd Single Family Dwelling Date Prepared: January 18, 1993 Applicant: J;M'.0. Consulting for Ann P0sey FerKuson Address: P.0. Box 447, Quo~ue, NY 11959 Interest: Phone (5]6) 653'0.60~ (owner, consUltant,lessee,etc.) Consultant Owner of Property: Ann .P0sey Fe.r~uson Address 1'81 Lewis Lane Fairhaven, NJ 07?:04 Phone (201)''-o7.z"4g'4q Subject Property Location: Central Avenue., Fishers Islaud (Provide LILCO Pole ~, Distance to cross $~reets if not on loCation map) THIS IS NOT A PE~qIT Yds. to be excavated: Appr°x' 4~.'!~'~s. to be filled: Manner in which material will be removed or deposited: :'~ ~ Ray loader Width of canal, creek 9r bay fronting property: nT:a Depth at low tide: n/a Aver. rise in tide: ---~'% ~ Distance %o nearest channel: n/a Distance project extends beyond similar projects, in area: ~' Area zoning: R-80 Land area in acres: 0.7.7 Is project for private or busindSf'use: private Intended use of prop~f%y: Private single family residence Describe known prior operations conducted on premises: Building envel0De previously cleared, foundation ~o.ured, connection to pnb'lic water system bas been made and hay bales have been installed Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: see enclosed Has any license or permit ever been revoked or suspended by a Governmental Agency: not to this date ~roject Description The project description must also includ~ plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structur.es:(i.e., pipeline' and septic system; make additional attachments if necessary). A~plicati0n proposes to constr:uc't a single family dwelling, associated sanitary system, gravel drive~, decks and to hook uo D.ubiic water system as per enclosed Dl'ans. Authorization (Where the applicant is not the owner) I residing at {Print-owner of subject property) (Mailing address-phone) do hereby authorize to apply for Coast&t Erosion permit(s.) from the Southo'ld Town TrUstees Signature THIS' IS NOT A PERMIT New York State Department'of EnVironmental COnServation B, di~ding 40--SUNY, Stony BrO6k, NeW Yolk 11790-2356 ~'? Thomas C. Jorling Cornrn'isstoner A review ha~ been made of your Drop~s~_a~l to: ~~~ ~ _~C ~_c~/ Based on the information you have submi.tted, the New York State Department of Eu. vir. onmental Conservation has determined that the parcel ~.~.~ Project is: " Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. .~/ Landward of the topographic crest of a bluff, cliff'or dune which is greater than 10' in elemation abowe_.mean s~a level. _ ~.~/.//~, , .~ Therefore, ~'permit is/r~quired under the Tidal Wetlands Act '('Article 25 o'f the Environmental ConservatiOn Law). Please be advised, however~ that no construction, sedimentation or disturbance of any kind may take place' seaWard of the 10' cOntour.'or topographic, crest without a permit. .It is your responsibility to e~sure that al~ necessary precaut'ions are taken't° prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or .topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay Dale perm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or. approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator COASTAL EROSION HAZARD AREA VARIANCE ANN' POSEY FERGUSON Variance Application ~'6-4-5-93.1 J.M..O. consulting on behalf of ANN POSEY FERGUSON Structural HaZard Are; bluff setback: 37,13-D Insufficient bluff setback for movable open constructed deck. StruCture proposed 20' to bluff where setback required is 25" Application History, Finding of Facts, Determination and Permit Conditions: HISTORY AND FINDING OF FACTS 1.' Applicant submitted a joint wetland, Coastal Erosion Variance application on January 28, 1993 in response to-a request from .the Trustee Office when it was found that construction started in the deck area without the required permits. 2. The Trustees concluded SEQRA with a negative declaration on March 10, 1993. 3. The wetland public hearing was held on March 25, 1993 with no personin opposition. 4. The Coastal Erosion~Variance appliqation was held on April -29, 1993 with no person in opposition.. DETERMINATION The requested variance is approved for the following reasons: 1. No reasonable prudent alternative site exists for a deck on the seaward side of this house. 2.. The proposed open conatructed deck is less than 200 square feet in size and as-such is considered a minimal impact structure which would not ordinarily require a permit if it were a dock or access Stairs in the beach area. 3.. The variance requested is .the minimum necessary to overcome the practical difficulty of siting 'a deck' on this lot which has severe setback limitations. 4. The proposal is reasonably safe from flood and erosion damage there having been no damage'to the vicinity from major coastal storms of December 11, 1993 and March 13, 1993. No public funds are utilized for this. project. 3o~3 TRUSTEES John M. Brederneyer, III. Presidenl Albert J. Krupski~ Jr.. Vice. President Henry. P. Smith John B. Tuthill William.. G. Albertson' Telephone'.(516) 765-1892 FaX (516) 765-1823 SUPERVISOR SCOTT.L. HARRIS Town Hall 53095 Main Road P.O. Box 1179' Somhotd, New York 11.971 BOARD. OF TOWN TRUSTEES TOWN OF SOUTHOLD April 30, 1993 J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 Re:' Ann Posey Ferguson SCTM ~1000-6-4-5 Dear Mr.. Just: The following action, was taken by the Board of Town Trustees during its regular meeting held on Thursday, March 25, 1993 regarding the above matter: · WHEREAS, J.M.O. on behalf of Ann Posey Ferguson applied to the Southold ToWn Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 28, 1993 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 Thursday, March .25, 199.3 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board-members have personally viewed and are familiar with the premises in question and the surrounding, area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect' the health, safety and general welfare of the people of the town, NOW:, THEREFORE BE IT RESOLVED that the Board of Trustees.approves the application of J.'M.O. Consulting on behalf, of.Ann Pos. ey Ferguson to construc~ a single family dwellings associated sanitary system, gr..avet ~riveway, decks, with public water as per maps dated March 24, 1993. Located. Fishers island. Permit will expire two years from the. date it is signed. 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. Permit will be issued ~pon payment of the following fees for work to :be done below Mean High Water Mark: No Fees Very truly yours, · John M. Bred.emeyer., III. President, Board of TrUstee JMB: jd CHERRY· HILL, Nd NEW YORK, NY BOCA RATON, FL W[Lt4i NGTON, DE MCCARTeR ~ ENGLISH ATTORNEYS AT LAW FOUR GATEWAY CENTER I00 MULBERRY STREET P.O. BOX 652- NEWARK, Nd 07i0i-065:::' April 21, 1993. TOW__j.N .:OF SOU'THOLD (201) 6~2-4444 Re: Ann Po'sey Ferguson SCTM~1000-'6-4-5 John M, Bredemeyer, III, President Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 1179 SouthOl'd, New York-, 11971 Dear'Mr. Bredemeyer: From .Jill I understand'we'are on'the agenda for the coastal erosion public hearing for April 29, 1993. When I appeared on February 25, 1993 with Mr. Just, I believe we furnished you with all the information you need. Also, as you requested, Jim Righter, our architect, sent you the plans for the deck area showing that foundations would not be used under the deck and that rosa rogosa planting would be used. Unless you have any further questions, Ann and I do not intend to come to the April 29 meeting. If you need us to come, or need anything further, please let us and Glenn Just know. Many thanks° ALF/ncw ...... cc: Mr. Glenn Just 'James V, Righter, AIA "-,.~ i.','. ','., .-.-'. ~'.'~ :. ~:~.'-~.--~'...' ' ,-,? .'~ : '.." 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NOR~io~.:;"Q~':0~$~O ': .~'2'~3:~9~? [ EAx'293~86-¢801 ":~'OH~--~D/H'."ST~,ousEJ'~.~,',.,L,.8,'', "~O.R-~N ¢.'_~E,i~;['.~,.~ [.. :'." :''.' ;"' ,'' James V. olney Righter a r c h i t e c t s i n c 2 March 1'993, Board of Town Trustee~s TOwn Hall 530.95' Main Rd. P-.O'. Box 1179 Southold NY 11971 Attention: John Bredemeyer Re': Ann Posey Ferguson Fishers .Island SCTM %1000=6-4-5 Gentlemen: As architects for Ann and Alfred Ferguson, we would llke to confirm two statements about the house and landscape as they relate to the Coastal Erosion Hazard zone: I. The deck is to be supported on widely-spaced piers. (See attached foundation plan.) There is to be no solid or continuous foundation'. 2. The grounds seaward of the coastal erosion hazar'd line are to be planted with ros.a rugosa spaced at three feet on center in all areas where there is no existing vegetation. ('See attached site plan.) Very tru~ly yours, James V. Righter 58 Winter Street . Boston - Massachusetts · 02108 · telephone . 617. 45'!. 5740 CHERRY HILL, Nd NEW YORK, NY BOCA RATON, FL W~LMIN(3TON, DE MCCARTER & ENGLISH ATTORNEYS AT LAW FOUR GATEWAY CENTER '100 MULBERRY STREET P.O. BOX 652 NEWARK, Nd 07101-0652 rowN oF SgUTHOL February 2., 1993 (~Oi) TELEX tE1-E CO !Pi £ R VIA FEDERAL EXPRESS Re: Ann..Posey.Ferguson SCTM ~i00.0,6:-4-'5 John M. BredemeYer, III, President Board of Town Trustees Town of Southold Town Hall 53095 Main ROad P.O. Box it'79 Southold,'New YOrk, 11971 Dear'Mr. Br.edemeYer: We were on Fishers island last .weekend,. and we were., of course, disappointed that scheduling difficulties prevented the TrUstees from making their inspection at that time. ALF/cat cc: Glenn Just I understand the.Trustees will' go to the. Island on Saturday, February 6. Unfortunately we will not be able to be Present. If you have any qUeStions, you can. always call Glenn' Just, who as you know is our representative. Sincerely yours,// Alfr~r~Jon~_----~~ McCARTER & ENGLISH ATTORNEYS AT LAW FOUR GATEWAY CENTER 100 MULE~ERRY STREET PrO. BOX 652 NEWARK, N J' 0710~--0652 '~20~) 622--4444 Re: Ann. Posey Ferguson . S.C.T~4-. #.z.o:ee-6-4 .-5.. January 2:8, 1993 John M.' Bredemeyer, Iii, president Board :of :Town Trustees · Town of .Southold Town. Hall 5·3095 Main Road P.O.. Box 1179' Southold, New york, 11971 FEDEI~ EXPRESS ~ear Mr Bredemeyer: This will confirm that Glenn Just has authority to represent uswith respect to the applications now Pending before the Southold Board of Town Trustees. ALF/ncw CC: If you need anything'further, please let us know. Sincerely yo~s, ~ ~lfr~uson / " Mr. Glenn Just TrUstees CHERRY HILL, Nd NEW YORK, NY BOCA RATON, FL WiLIviI NGTON, DE MCCArTER & ENgliSh · ATTORNEYS AT LAW FOUR GATEWAY CENTER ' IOO MULBERRY STREET P.O. BOX 652 NEWARK, Nd O71OI-O65~, January 28, 1993 (20[) 62:~ -4444 Re': Ann 'Po.sey Ferguson $CTM ~1000-6-4-5 JohnM,.Bred.emeyer, III, President Board .of TownTrustees Town.of .southold TownHall 53095' Main Road P.O. 'Box 1179 $outhold, New York, 11971 .FEDEI~%L EXPRESS Dear Mr. Bredemeyer: This will confirm that Glenn Just has authority to represent us with respect to the applications now Pending before the Southol'd Board of Town TrusteeS. you need ALF/ncw cc: Mr. Glenn Just anything u~ further, Please let Alfre~~io~nSincerely yours,. Jill Thorp, Secretary, BOard.of Trustees INSPECTORS (516) 765-1802 VICTOR LESSARD, Principal CURTIS HORTON, Senior VINCENT R. ~VIECZOREK, Ordinance ROBERT FISHER, Assistant Fire Building }nspecror$ 'THOMAS. FISHER GARY .FISH SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax. (516) 765-1823 Telephone (516) 7'65;1800 TO: OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD --"-'. ..... .' _.s op..woRK.oRDER ALFRED FERGUSON 181 Lewis Lane. 'Fairhaven, NJ 07704 .TOWN OF.SOUTHO'LD YOU ARE H'EREBY NOTTFIED TO SUSPEND ALL WORK ON THE FOLLOWING:. (A) DECK AREAS BUILDING PEt~IT' %2098t-Z "(B.) AiLL~SCAPING'.'ON WATER SIDE'. THIS I~CLUDES GRADING AND PLANTINGS ..... LOCATION':: CENTRAL AVENUE', FISHERS ISLAND, N.Y. TAX MAP NUMBER - I000-6"~5 Pursuant to section 100-283 of the Code of the Town of' Southold, New YOrk, you are 'notified 'to immediately suspend all work and building activities until this order has been rescinded. BASIS' OF' STOP WORK ORDER: BOARD OF TRUSTEES OF T~LE' TOWN OF SOUTHOLD THINK YC~J ARE IN.'VIOL~TiON iOE' cHAPTElt 97 "AND CHA~ 37 OF THE TOWN CODE. CONDITIONS UNDER WHICH WORK MA¥ BE RESUME~: APPLY AND. ATTAIN A RELEASE FROM THE SOUTHOLD TOWN'BOARD 'OF"TRUSTEES ...... ~ailure to remedy the .conditions aforesaid and to comply with the applicable provisions of law may constitute an off~ense Punishable by: fine or imprisonment or both. DATED: JAN.. 20t 199'3 SR. BUILDING INSPECTOR cc to Trustees CHERRY HILL, Nd NewYO. RK, NY BOCA R'ATON, FL WILMINGTON, DE MCCartEr & ENGLiSh ATTORNEYS AT LAW FOUR GATEWAY CENTER IOO MULBERRY STREET P.O. bOX 652 NEWARK, Nd 07101-0652 TOWN OF SOUTHOLD (20i) 6:~ ~.-4444 TELEX 178016 TELECOPleR (20l} ~:4:7(D70 January 19, 1993 VIA FEDERAL EXPRESS Re: Ann Posey Ferguson SCTM ~10,00.0~6-4-5 Mr. John M. Bredemeyer, III TOWn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Bredemeyer: This will acknowledge receipt of your letter of January 11, 1993, with enclosures'. Needless to say, my wife and I were greatly distressed and surprised by your letter. We indeed thought we had procured all the necessary development approvals from the Town of Southold and the New York DEC. We had the building.permit..~To:receive word that we might receive a. stop work order was a real shock. As you can well appreciate, having to cease work on the property at this point in time, in the middle of construction, will be' a great hardship, not only to us, but to the local contractor who has to budget his time and his workers. we naturally believe that the building permit was properly issued., and that we are lawfully entitled to proceed with construction. Nevertheless, without Prejudice, in a desire to expedite things as mUch as possible, we have authorized our Consultant,' Glenn Just, to proceed to apply fOr the necessary MCCarter & EngliSh Mr. John M. Bredemeyer, III January 19, 1993 Page 2 permits. Mr. Just has ordered the survey information requested from the engineers and it should be on your desk momentarily. Mr. Just is completing our applications, and he will deliver them to you. He has a letter of authorization from us to represent us before the Town. Mr. Stephen Ham is our attorney, and he has been apprised of the situation, and can be of assistance if necessary. I enclose our two checks for $250 for the CEHAO variance, and $150 for the Wetland permit, as you requested. We ask that you process the applications as fast as possible, in light of the fact that we are in the middle of construction. If our appearance is necessary before the TrUstees, or any other body, I would appreciate it being scheduled prior to February 5, 1993, since my wife and I have long standing plans to be out of town from February 6 to February 18. Anything you can do to accommodate our sCheduling will be most appreciated. I would appreciate directing copies of communications to us with respect to the Fishers Island property to Mr. Hamm and Mr. Just as well~ so that they can be promptly advised of any matter which arises. In closing, I want to assure you that I and my family have always been extraordinarily conscious of the beauty and environmental quality of Fishers Island. My family have been property, owners on Fishers Island for more than 100 Years, and it. is largely 'throUgh their past efforts that the Island retains the beauty that it has today, i made careful inquiry when I started to consider building the house as to what permits were necessary, what approva!S'must'~be obtained, and the like. ~'e'tried v~ry hard to comply With. all requirements, and I thOught we had done so. I understand that varioUs persons have written to the Town officials complaining about our project, saying we had not done the proper'things, etc. I personally have never received any direct communication from anyone objecting to our project. If .anyone is making complaints about our house, they have not seen fit to cOntact me, even to ask a question, or to gather' information. While I can appreciate the uncomfortable position of the Town trusteeS, as the recipient of complaints, I can only point out that the person or persons who .are complaining have not even had the common courtesy to contact us, .as the homeowner and builder of the residence, to try to work out any problems. © MCCARTeR & ENGLISH Mr. John M. Bredemeyer, III January 19, 1993 Page 3 I will of course continue to cooperate and try and satisfy the Trustees that what we propose is environmentally sOund in every respect, and will not in any way degrade the environmental quality of the Island or its waters. If you have any questions, please call. Sincerely you~~ Alfre~d' 'L.~Ferg~on ALF/V Encs. cc: Stephen Ham , Esq. Glenn Just ISLAND CbNsERvANcy' INC. FISHERS BOX 553 FISHERS ISLAND, NEW YORK 06390 January 4, 1993 Re: Ferguson-Posey property: # 1000-006-004-05 Mr. Curtis Horton Building Inspector's Office- Town of S'outhold' Town'Hall, Main Road, Southold, N.Y. 1'1971 Dear Mr. Horton: In regards to your letter to me of December 15th, 1992, I have several comments. First, your statement that the Southold Town COastal:-.Erosion Hazard Act was not passed until October, 1992, and therefore would not affect the Ferguson property listed above,. is a statement in error. As a point of fact, $outhold Town passed its COastal Erosion Hazard Act in 1991 ~f.) (a copy is in front of me as I write) and as a result it was in full force and effect throughout the ,calendar year of 1992, including the month of September when .you .iSsued. the building permit for the above-named property..In short., this Act should have been taken into account before the permit was issued. Secondly, no one met you on Fishers Island last fall because you cancelled the initial meeting at the very last minute due to adverse weather conditions. None of our group was available the second time around because no one knew the date and time of your arrival. To .prevent such appointment mix-ups from happening in the future we have set up a Conservancy environmental committee on Land Use that will be available any weekday from 9-5. This Committee will be headed by Conservancy Vice-President Cherry Rafferty, (516-788- 7~'27'), and:will _especially include Linda. Rale and Beth Stern. These latter two are on.. the Island all year round and can both be reached at' Pirates Cove Marine (516-788'-7528') every bUs.iness--~ from 9 to 5. We ~ope your off:ice can.make a note of this and can call Beth or LinRa in advance of your arrival. Beth and Linda are both conversant with the regulations and are both anxious to work with either you or your staff. Lastly:, and with regard to the Ferguson-Posey property, all we have asked for is a proper review of the laws and regulations affecting the property. We are assuming that the same rules I would have. to obey Were I building a house on Fishers Island should apply' tO others also. This would especially include the filing of the environmental assessment "Long Form" in this case, as Fishers Island is now officially classed as a "Critical Environmental Area" by Suffolk County. - 2 - We all look forward to working with you and your staff. We certainly do not oppose deVelOpment, provided proper procedures, zoning laws, and environmental safeguardS are followed. Sincerely, ~x~n H. Thatcher Jr. g/~,President cc: Conservancy Executive Board Southotd Board of Trustees Russell Stein, Attorney at Law Matthew Kiernan - SoUthold Town Attorney S'Y~=N'F~N' A. COOK 4 EAST 2.,~th ~TREE'T NEW YO~K, N.Y. ].0~.'~.8 '~IA FAX.'NO. 5'16,751-3839 'Mr. Robert .N::. Thurber New York State .DEC SUNY Building '40 Stony'Brook, NY 111794 December 21, 1992 Re:..NYS DEC Permit Application ~ 1-4738.00505 (Fishers Island) Dear Mr. Thurber: Mr. John Thatcher; President of The.Fishers Island COnservancy,.: informed me yesterday of.the'above application for a DEC permit to commence construction of a house and septic system by the owner of wetlands property which .adjoins my home on Fishers. Island. Notice of'the application .' was contained in the NYS DEC Environmental Bulletin dated November 4, 1992. ' The owner and applicant is Anthony M. Petrilli of New London, Connecticut. Attached is a copy of my APril 15, 1992 letter, and wetlands' survey'to Fishers Island Development Corporation (FIDCO), with copies to your office (Mr. Steve Sanford) and to the Soathold Board of Trustees, warning.of a possible future request for development of this property. It is clear from the sum, ey that this. !.7 acre site is. unsuitable for development by Virtue of the wetlands area which' bisects the property, and I gather because subject application does not meet the 100 foot wetlands setback, requirements of the DEC (or those of the Town or FIDCO with respect to property lines or the bordering roads). As a primary neighb°r. of this shared wetlands property, I strongly protest the proposed development of the site on the basis of the application not meeting applicable DEC requirements. This wetlands area serves as .the headwater source.of what may be the only natural stream on Fishers Island, which bisects' the subject property.on its way to: Barley Field Cove. In addition, the wetlands area'extends west onto my property; and 'I am deeply concerned that any development of the subject property will be harmful to this area which I have tried to preserve over the past 12 years. Mr. Robert N. Thurber December 21, 1992 This letter 'and the attached, copy of my. April :15,. 1992 letter will ser~e, as proper timelynotiCe of.my objection, to subject aPplicatiom" Iohn:.Thatcher has informed.me ..that. The'Board .of The Fishers Island: ConServancy also 'vehemently opposes :this'applicati°n and; that The Board 'intends to voice its objection with the appropriate authorities. 'I would' be'happy .to assist in any way_posSible,to., ensUre that-this issue is given aPro.Pe, r:~h~g:.to allow the DEC to'exercise its.. responSibility in revieWing and opposing ~. projectc'.'Considerable time 'and .expense ha% .alread¥..gone .into arranging for .the.'wetIands .delineation and": survey: undertaken by the DEC and local surveyors'~~ in':an.ti~inatiOn, that' 'such. a' development' application might be submitted: to:.your office;¥.'Whicia.how:apes ~o,b'e:the ~e: In'addition to the:above mailing address, I. am available to discuss this matter by telePhOne.at 2'12~9'16-78.1'8' or FAX ~at: 2:12-81.8-0'233. Many thanks in' .advance 'for .your cooperation. Sincerely, Stephen A. Cook Attachment C: Mr. John Thatcher, FI Conservancy Mr. Robert B. Calhoun, FIDCO SouthOld Town Board of Trustees P.S. By this letter I would appreciate your sending a copy of the site plan/DEC application to .me at the above address. -2- STEPHI~N A. COOK 4' FAST ~Sth ~'RE:ET NEW YORK, N~; 103,28 April 15, 1992 Mr. Tom Doherty Manager · Fishers Island. DeVelopment' Coq>oration (FIDCO) · Hshea'S Island,NY 06390' Dear TOm: EnclOsed for. your information please find a copy of a wetlands survey, completed during the paSt year by.the N; Y.S.D.' E, C. (and plotted by C, P &.I0which details some here-to-fore"U'ncharted (to mY knowledge) wetlands property ~n the East. End of the Island: From the survey, the majority of the wetlands appears to be on my property - __~w_e,ze~¢eam~nly~:i~--e of it-.from our house ~ usually referring to it 'as "the swamp''.~. The area alSO'extends to (and biseCts).'the.neighboring property which is' owned 'by an off, Islander, whose intentions with .respect to the land are not clear to me, but both Sale. and/or possible. owner development have recently been .rumored. This parcel has never seemed to me to possess, much: residential potential (with its' nearly surrounding roadside locale, and' lack of views); furthermore, it would appear from the attached survey that.the wetlands location and related setback requirements :would severely limit. (if not prevent) acceptable positioning of a residential dwelling on the. parcel. Given the uncertainty to me of potential actions, with respect to the property (which together with my.:piece might make an'excellent contribution to a wetlands organization),..I .thought'..FIDCO should be aware of the parameters surrounding it in the event'a, request for. some. form of development:approval were recei¥~. Please let me knoW if. you have any comments or questions. Sincerely, Attachment c: Mr. Steve Sanford, N..Y.S.D.E.C. Southold. Town Board of Trustees I~ISHERS ISLAND CONSERVANCY, INC. BOX 553 FISHERS ISLAND. NEW YORK 06390' TOWN OF SOUTHOL[ December I1, 1992 John Bredemeyer - Chairman SoUtlno%d..Town. Board. of Trustees To~m H.a!i, Main Road, SoUtho~d, N.Y. 11971 Dear ~.~. Bredemeyer: This letter is written in the hopes that you or your agency can revie%~ the building project now 'underway on Fishers Island known as the Ferguson-Posey property (Lot # 1000-006-004'-05). It is our surmise that this project may be in violation of the Southold Coastal Erosion Hazard Act (Chapter 37 of the Town Code) with specie! reference· to paragraphs 11,12,19, 22, and 30 of that Chapter. We are also very upset that the County La~¢ creating a Critical Environme~:tal Area (CEA). over all of Fishers Island has so far been ignored in"that no "long form~' environmental assessment form has been filed, in..this case despite the relative ease (20.minu~es . or so) with Which~i-it can·be fill·ed out. It should ~e noted here that the Conservancy is by no means opposed to proper. Building c:onstruction on Fishers.Islandl we feel it essential, .however, that all property ovmers building homes on Fishers Island follow proper proce4ures and environmental regulations, fill out. all relevant forms, and. file for%Ali needed permits - just as I wou!d have ~o do,.were I to build a ne~ home there. In short, we are asking for a..fair assessment of the situation, and if violations are fo.and, we are requesting that appropriate agt~on be taken - x~ether this means additional permitting, correcting mistakes, or seeking a variance from-an appropriate agency. We have every confidence, lastly, that ·this structure will see completion and proper use. As we have noted, we are asking a revie~ by your agency to dete~nine if all is proceeding according to Southold's ovm regulations. We feel i.t of extreme importance that if violations or mistakes exist here that they be corrected. We fe~! it would be a most harmful precedent if a structure were completed and occupied without following proper procedure and evaluations - only to be used later again·and ag~ain as a .pzecedent for other buildings and structure which have likex¢ise nog.~fo!towed proper ·channels and paths. Such an occurrence would spell disaster for Fishers !sland"s conservation and environmental ef.for~s, a.s well as promote helter-skelter develoPment. John Bredemeyer - 'eon' t. - 2 - It is thus certainly no sin to request a following of proper laws and regulations in this case, nor is .it out of pla.ce for an enviro~nentai organization such as ours to request an evaluation fro~ appropriate agencies. ~e re!y~ as always, on your faiCn~ss and know!.ege in a~praising this matter. We have r'ecei~ed more than a few complaints ~rom the public on the way this property is being developed, and. a ruling by yourself or the Trustee Board (folloWed by action if need be) Would"certainly help to. clear the air and restore needed confidence With Every Good Wish, O~n H..zhatcher Jr. - P~sident encls: photos of the site as it exists as of this date~(12/ll/92) NOTE - It might serve a most constructive purpose if you informed the Southold Building Department that this letter could have been. written. ~onths ago if they had forwarded us a site plan back in September and October ~men we first asked for one. Both the~Conservancy V.P. and Land Use COrmnittee Chairman (Cherry Rafferty) abd myself made such a request by telephone. Our requests were ignored, despite the public nature of the documents in question. INSPECTORS (5'i6.) 765-1802 VICTOR LESSARD, Principal CURTIS HORTON, Senior VINCENT: R; IArlECZOREK, Ordinance ROBERT FISHER, Assistant Fire OFFICE.. OF BUILDING INSPECTOR TOWN OF. SOUTHOLD Building Inspectors THOMAS :FISHER GARY FISH December 15, 19.9: SCOTT L HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO.. '_ . OF SOUTHO-LD_ Mr. John H. Thatcher, Jr. president Fishers Island Conservancy Inc. Box .55.3 Fishers Island, N.Y. 06390 Dear Mr. Thatcher: This letter is in regard to your letter to Mr. John Bredemeyer about the building project' of the Fergerson property, Suffolk COunty Tax Map %1000-00'6-004-05. The permit for the above project was approved on September 25, 1992 by. myself'. At the time the permit was' written all necessary papers were complete for this project inClUding a letter from the Town Trustees that the project was 'out of their jurisdiction, and also a notice by David DeRidden' that no permit was r~quired"by D.E..'C'.' ~ne coastal Erosion Act Chapter 37 was not adopted until October' 8, 1992, therefor it was not in effect when the permit was written. Also according to 37-3 This chapter shall not go into effect until "Twenty" calendar days from the date o.f this chapter adoption. Mr. John H. ThatCher, Jr. P.age "2" Before this. permit.was issued we had several calls from you peop. Iei. labOUt'..setb.a~k~' ~'tc. ~'.date Was"Se~p. to:meet' ~'"Fishers ~T~nd~'it."~he~'.f~%reho~Se',"I"Was'tO'.b~£~g'a~.~.'the neces..Sa~y paP'~rS, and'.diseuss thlem., I went t'o Fi'sh'ers.'IsIan~ along wit~Tom EiSker with all .the papers, and nobOdy"'s~°We~'uP. We.' even tri'ed to call to n~ avail. ! will glad-ly dis.cu~ss this subject with you at n~/ next trip to Fishers"I'~'l~. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Curtis W. ~orton, Senior Building Inspector CWH:gar · cc toJ. Bredermeyer, President Board. of Trustees./ New Yor.k State Department b~,~En.vironmental ConservatiOn Buil~ting 4C~ SUNY, Stony Brool{, New. Ydfk 11790-2356 Re: A review has been made of your Proposal Thomas C. JorlJng Commissioner Based on the information you have submitted, the New York State Department of E~ironmental Conservation has determined that the parcel ~,~_ pro'jest is: '" Greater th.an 300' from inventoried tidal wetlands. Landward of a substantial man-made Structure great'er than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. .~/ Landward of the topographic crest of a bluff, cliff 'or dune which is greater than 10' in elevation ab.o~e~mean s~a level. _ ~0/./?~ .... ~ ~/ The'refore, ~o permit is~required under the Tidal Wetlands Act (Article 25 of the Environmental ConservatiOn Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic~?rest without a permit. It is your responsibility to ensure that all necessary precautiOns 'are'"taken'to' ~'- preyer[ any sedimentation or other alteration or disturbanCe' to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i..e. a 15''to 20' wide construction area) o.r erection of a temporary fence, barrier, or hay bale berm. Please note that any additional.work, or modification to the project as 'desCribed, may' require authorization by this Department Please.contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator December i~, 1992 Mr. John. Bredeme'Ter = Ci-...:ai~na'l 5outhoid To::::: Board of. Trus:e.~s T'o~ Hall, ~::;:~n Road, ~ ' '~:~ ~ ~,::'f 11971 ih. oar "4r~ 8roe. oma?.--er ~ This iette? ia; wrJ..%ten in the hopes that ye~. er your agency can r<~vie?' the bu{!diPg ~;rojelt now u~. dez~a]: on Fishers is!&nd kne%.~ as the ~ n~ ~ - ~:..'~rgz:.:son:.:u~.y .: co:_ ~r:'7 (Lot Cogsta]~ E:..3siou Hasard Act (C iai::,ter 37 of tb~: Totem ~od:) with spac:s...i refere-::ce ::o }:ira:ira:- v ...... ~ ~-~ ..... ~ &:~::: t~ ~% E~:,,~ru::~me,:.~a..<.. :~.~.,~:~:' .:-vet ail ah: P:lshars Island ha~ s:;: tar be~:n i,-~n0>-ed, i-a. ~l..:..~t ~ao '~l_on% :1:..: ..... n '~hi.s ca.:,e d~s,,.,.te e:.po::.":~d :o 'proper ou~:o~n.:<~ :shout:Lo:: o:: F~,~he:rs ~sl.:nd We fec:l L: ~.,:::n~::~:~, how~:ver: that eL1 pro:2erty c.:,mers :uilli:n:: l:,<::es or: ~_,_~.:~ners z2,;,a:~: ~o::0% proper <~.: .~ :ou:: na:::~ t-': do, Were i ~0 ~uz:d a ne~.~ home thc:re: i:: shert~ · "' _ ~.ne si:ua:ion, a:d if viol.:cion~ :~'e ar'e asking for a f.,:':ir ...s~: ~s~i~:nt of '~' . a"e f't:-und~ we ar~ see'a, eStS:~ :.::heghsr :::is ::eaz:s additional pe~nnl:~lr:g, correct:ins, mistakes: or sae, ki::'tg a var:Lance frc.::i an .ah propri~lce age:':.cy $~:~ ~_o~pietio'::. an:d proper us.4. 'As w'a have no:ed;. %.~e are ~.:.~.~:::g a re'gle':.:' ~:- :. vou..:~ age~:eY, to ,:let6 :ui::e if a. ll_ is prc~,ae~-dir~:.%~ a..ccord~:::g ...... aoi..:uno:,k~ s o'~ reg:.;,lat:'iot:s ~::~ :: violations or ~'"' .... ~e feel i,: we:id :he a :test ~::,~'ful precedent if a s:r-dcture were u~,~np~.~¢=~-~..,, and occupied ~,~.t~-' c ..loi:o~ing - ~ ~ - and again ah: a precedent, :--:al--ac:a::s .- on!.::~ to be use< ha=er a-:sai:n for ocb~u b~iid:ir~gs ~:~.:ad gtr::.~ Kt:..re ':.~hi:th h..~ve li'ke~ise nos fo!lowed ~::~:e~~ ~h~::':e: :: and :ac:s, i~ ck a~_ otc:trance wo:::ld spca!! disas:::er fo:: F.~h.e,c:. :~::_~nd .s co:.:~e~ ,:~t .<nd en~iro:hmenta! ef-':or?s, as well a:; pro~oE<, neiter~'~"-el~ ..... c~. ~ thia: case~, nor i~ it ou~: of piaae for ~ · ;;.'ri~e~: ~n¥.-"-h~ ag~ if ~bay ~ad ~ ' ~a'~ ' a~ok_~ for' one. Both ~ f-~p~s':~.ber a~-'i. Oc~o~b,~ r ~4ne~ ~,?a firs-a ~" e~ © ~X 553 '~S~'ERS' ISS~D, ~W YOkK 06390 Dec~mber il, I~92 John Brademeyer - Chail~a~ bOut,~u~'~..LO~.~,. ~o.ard of. Trueness T~is letter is %.~itten in the hopes that you or your agengy can review ~ha ouz!d'---ang ~r.o~e.~t now undem{ay on Fishers island. kno%~ as ~he Ferguson-~osey p~operty (Lot {~ 100.Q-006-004-05)~. it is ~,.o]ec~ may be in violation of the $outhold ' · ~,os~o.n Hazard Agt (C.'~apter 3~ of th~ To~ Code) with speeig! r~fare'nc~ to para.grap~s i1,12.13, 22, and. 30 of that Chapter. W~ are also very upset ~hat tee County Law creating a Critical graf iron,an=si Area (CEA) ove~ al! of ?ish~rs Isl~nd has. so far ~= ........... ~ ....no "long fo~" environmen~a~ =ssessment fo~! has bee~ fi%ed in thiJ case despite the relative ease (20 minutes or go) with which it can be filled out. lu. ~hou!d be noted hero the~ the Conservancy is by no uieana opposgc go urOoar bui!din~ cc~struc~iou on Fishe=s Island. We f~el L~ ~.c~i~ aowev~r~ ~t. al~ proper~y m'.mers bu~ldz.ng i~omas on ~shers ~:a~.,.a ro!~ow p~oper proce,aures and ~n¥i~oi~qlenta! regulations, fill out all reievan~ ro~a, and file for all needed peak. its - just as I would have to do, were I to build a new hCmm there, in shOrt, _ ~=k~,~ fair ass~ssme~.t ~ the sit'uati<m, and if violations ~e LR'~O ...... ~-.~ for a ''~ "'~ ,~;... ' are found, we are requ~st-ing ghat appropriate ac~%on be taken - wt~e~her this aaa.ns additional pe~x~itting, .correcting mistake~, or seeking a varia~.c~ from an al propr~aae agency. We have e:v;~ry confi, d~nee, lastly, that this' structure will SO-.~ ¢O~ple~iO~ alit] proper us.5. As we aave noted, we are asking a ~eview by your agenay to det(~nine if al. 1 is proceeding a.c~orc~ng to Southold's o~ regulationg. We feel it 'of extre~.e importance that if violations or ~istak~s exist here that they be corrected. ~eel it would 'be a most h~fuz precedent if a structure were aomol~ted and occu~iod ~:~' - , ~ ~ .~ .~=nm t following proper procedure and evaluations - o~.ly to be use< later again and again as a precedent. for e~her buildings and stru~ uure which have likewise nou followed proper channels and paths. S% ch an occurrence %;onld spell disaster for Fishers island's con~e~;! tion and environmental efforts, as well as p'ronote he%ter'~skelter development. zt i~ ~hus aer.~ainiv ]o sin to pro~r !a~,s an~ r~gui~ons i ~ thi~ c.ase~ nor is :it ouE of place for .................. o~n~a~on such ~ ours no re~a~st..an ~Valuation ~.~ .~=~-age'n~ies. ~e ra!:y~ as always o~. your fazrness· ~n:o~==~ ~n app~ax~zng: ~.n.'~$ ~at.ter~ We have r~aeeiVed more. than a fe~ gom'plain~ from .the pub_ic on the ..... - ..... .~J~.!in~ by yourself or the Trustee Board Y ....... ~e~d ~.~)" woul~ cerEainiy 'help to ~iear one!s: photos of Ehe site as .t exists as of ~hi~ date.('!2/ll/92) NOTE ~ iu mighg sarvoa ~ost constructive purpose if ybu infor12ed th& .~ap~., tm=nt that this letter could hav~ bmen ~' .... e ........ a=o if ~ hey had fo~ar~ed us a a4te plan back ia September and Octob~.r when we firs2 asked for one. Both ~ Conservancy V.P. a~.d Land Use ~o~ttee Chai~n (Cherry ,e~=~ m~ da such a r~quest by ,e~epnona. Our ra.~ue~t~ ~-~are ignored~ despi~e the public nature of the docu~nents in question. N, ew York State Department~ EnvirOnmental Consen/.ation ~ Building 40--SUNY, Stony Brook,.~w Yd~k 11790-2356 ~'~ Thom~s C. JOrling commissioner Based on the information you have'submitted, the New York State Department of Eg'vironmenta! Conservation has determined that the parcel [~' project is: '" Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. ~ Landward of the topographic crest of a bluff, cliff or dune which is greater khan 10L in ele~ationabowe~mean s~a level..__ ~0/g/~ ..... ~/ ! Therefore, P6o permit'is~required under' the Tidal Wetlands Act (Article 25 ' of the Environmental Conservation Law). Please be advised, however, that ' no construction, sedimentatio~ or disturbance of any kind may take place . seaward of the 10' contour or topographi~ crest without a permit. It is your"responsibility to ensure that all necessary precautions are taken-'to prevent any sedimentation or other alteration or disturbance' to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15"to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as. 'described, may require authorization by this Department. Please contact this 'office if such. are contemplated. Please be fur'ther advised 'that this letter does not relieve you of the responsibility of Obtaining'any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator '" il ...... ~' ' FOR ADJOINING AREA SEE MAP NO.3t~.-..~/ ~$OUTH PUH PLING . . . . - . ~ FI 8 H E R S ~ I SLA N D 8 0 U N D :' G A R D I N E R S B A Y LIONHEAD OR CA~P NASSAU COUNCIL SCOUTS. PARK j.m,o, consulting P.o. box 447 quog. ue, n.y. 11959 (516) 653-0&07 Ms. Jili 'Thorpe Board of Tm~n Trustees ]'o~n of Sou~hoi~ Town Hal.l, ~'-" ~ M'ai'n Rr;ad P~O. Box !i7'9 S~2uthmld~ NY %!971 ?ishers Island D~a.r Jiii~ As a fo~ ].oe~.~ up ~-~... our ~-'"~ ~,-~,'-~-~~=~.=w,,., ~ conversation earlier today, i a~. enclosing a check for th~ ~aiver f~e vR~J. ch you had requested ~ ~C~ ~ Eric ~ . Glenn E~ Just J.,m.o. consulting p.o. box 447 quogue, n.y. 1'1959 (516) 653,0607 T~n o'f Southold T~n ¼ail, 53095 Mmin Road P.O. Box ~79 Southoid~ NY Z~97~ At 'the present time on behalf mf Ann Posey Ferguson.~ ~...'~e are smekin~ approval fmr the construction of a single 9amily residence, deckin~ and drive,way at the above note~ site. ~ had previously visite~ the site with 7.rustee Tuthi!l ~uring one of his ins~:~ection'cr~' ~,=~ ..... to ~-he island. At that 'Lime ti~re was s<~me question on whether' ~"' not the Trustees had jurisdiction ~ve:'- 'the site since it is located on Fish, rs For your and the Board's review we have enclosed comics o9 thru ~u."~,v ~f ~',~ location mams~ copies of ...... . ..... property~ ~ . As always, Should you or any member of 'Line Board of me. tier, please feel free 'to contact this office at any tim~. GEJ ~ ~ ~ / ? / °4~r~.,~ I t / ~ [DE] E]O0 [] FqO [DE] [] [] OEO [] [] [] [] [] [] [] ~o z ~ 0 ~o ~5' ~ o ~ co[ DRIVE '~. / / 2/2B/91 0" - 10" 10" - 26" 26" -106" 106" - 17' TOPSOIL ORANGE, BROWN SANDY LOAM, SUBSOIL MED/COARSE COMPACT TILL FINE BAND WATER AT 16'~2" I fKNOCKOUT INLET AND OULET OPENINGS CAST CONCRETE COVERS- ?LAN LOCKING CASING bq NISHED GRADE x 412.6/126 GA, W~RE MESH --6 × 6 6/6 GA. WIRE MESH NOT TO SCALE I am familiar with the standards for approval and construction of subsurface sewage disposal systems for single family residence and wTII abide by the conditions se1 forth therein and on the permit to construct LOC_.&7' I OLJ PBLP · I 1. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS" 2. SITE iS IN THE TOWN OF SOUTHOE D, COUNTY OF SUFFOLK, TAX MAP 1000, SECTI011 OOB, BLOCK 4, LOT 5 3. SITE IS TO BE SERVICE BY MU'J,CIPLE WATER AND ON SITE SEWAGE DISPOSAL SYSTEM IN COMPLIANCE WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH 4. SITE IS IN 5. OWNER. R-80 ZONE Ann Ferguson 181 Lewis Lane FaTrhaven, NJ 0~704 (201)622-4444 6. BASE FOR LEVELS NOVD 7.-------- 16----- rXISTING CONTOURS .'Ph' POSED CONTOURS g. 36.8 PROPOSED INVERT ELEVATIONS PROPOSED SPOT ELEVATIDN5 ~NEY AND MANHOLE COVER AT GRADE 6'I__ COVER -8" OlA, KNOCKOUTS SPECIFICATIONS CONCRETE MINIMUM STRENGTH-5,000 P.S.I. AT 28 DAYS STEEL REINFORCEMENT-ASTM-A-615-68, GRADE 60, 1" MINIMUM COVER DESIGN LOADING-STANDARD UNITS: AASHO-H$20-44 MANUFACTURED BY: ROTONDO & SOP HEAVY DUTY CROSS SECTION_ NOT TO SCALE ]{'i?}'!/N_2E..SOUTHOL[