Loading...
HomeMy WebLinkAboutTR-4318John M. Bredemeyer IIl, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee June 17, 2015 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Sanford & Elizabeth Friemann PO Box 968 Cutchogue, NY 11935 RE: 1165 OLD HARBOR ROAD, NEW SUFFOLK SCTM# 117-3-8.4 Dear Mr. & Mrs. Friemann: Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, June 17, 2015: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #4318 to reconstruct and downsize the beach house with attached decking for a 7'x14' (98sq.ft.) beach house and a 12'x20' (240sq.ft.) deck with railings and 3' wide steps to beach; and as depicted on the revised site plan prepared by Sanford & Elizabeth Friemann, received on May 22, 2015, and stamped approved on July 15, 2015. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, eywl."— J John M. Bredemeyer, III President, Board of Trustees JMB:eac 1'»a Ip MAY 2 2 2015 x aro E� e /�o7IE— '7� 20,0 rE APPROVED BY Z. 6.1 8 /1 John Bredemeyer, PresidentgUFF01 Michael J. Domino, Vice -President ��d�y� James F. King y z Charles J Sanders Dave Bergen Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 SANFORD FRIEANN requests an Administrative Amendment to Wetland Permit #4318 to reconstruct and downsize the beach house with attached decking for a 7'x14' (98sq.ft.) beach house and a 12'x20' (240sq.ft.) deck with railings and 3' wide steps to beach. Located: 1165 Old Harbor Road, New Suffolk. SCTM# 117-3-8.4 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 Type of Application: Wetland Coastal Erosion 'Amendment Administrative Emergency Pre -Submission Violation other Notice of Hearing card posted on property: Yes No Not Applicable Storm Water Management Review: Yes No Not Applicable Info needed: Modifications: Conditions: Present Were Bay Constable J. Bredemeyer �M. Domino—J. King C. Sanders �D. Bergen Other Form filled out in the field by Q - f� -\ Mailed/Faxed to: Date: BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS �U� 4 TOWN OF SOUTHOLD 2015 Tel. (631) 765-1809 • Fax (631) 765-906 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2013 MEETING OF JUNE 4, 2015 (AMENDED DETERMINATION) ZBA FILE: 6667 AMENDED NAME OF APPLICANT: Sanford H. and Elizabeth M. Friemann SCTM#1000-117-3-8.4 PROPERTY LOCATION: 1165 Old Harbor Road (adj. to Cutchogue Harbor) New Suffolk, NY. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 2, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact.. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 5, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one story dwelling with attached deck, in -ground pool and hot tub along with a bulkhead and dock. It contains 19, 712 square feet and is located in a R-80 Zone District. It has 93.84 feet of frontage on a Private Road located off of Old Harbor Road, 194.38 feet along the northern property line, 104.40 on Cutchogue Harbor and 148.70 feet along the southern property line as shown on the survey dated Sept. 12, 2007, revised last 08-20-2013 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's May 29, 2013 Notice of Disapproval concerning a permit for demolition and reconstruction of beach house/cabana/deck, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to replace a beach house/cabana/deck that were destroyed due to Super Storm Sandy with an 18ft. X 7 ft. beach house and a 23.2ft. X 12.1ft. Page 2 of 4 —June 4, 2015 AMENDED ZBA#6667 — Friemann SCTM#1000-117-3-8.4 attached deck located seaward of the bulkhead. The beach house with deck is proposed in approximately the same location as the original structures with a slightly larger footprint. However, while the original structures were completely seaward of the bulkhead in the VE flood zone, the proposed accessory structure and deck extends approximately 3 feet landward of the bulkhead in flood zone X, and 12 feet seaward of the bulkhead in the VE Flood Zone. The code requires a 75 ft. bulkhead setback. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant, on August 20, 2013, submitted a survey by John C. Ehlers dated 8/20/2013 noting the flood zones and the top of bank as requested by the Board. However, no changes in the location or size of the accessory beach house and deck were proposed. ADDITIONAL INFORMATION: Although there are other accessory storage and beach house structures in the neighborhood, only one was determined to exist or existed legally by virtue of having a CO or Pre - CO. While the Board has evidence that the applicant's original accessory beach house and deck were issued a Trustee's Permit in 1994 without any dimensions being noted, these structures did not have a CO issued by the Town's Building Department. However, the Board notes that even a legally existing non- conforming structure or building that is demolished -- be it through human hand or an act of nature -- has no legal right to be replaced in a non -conforming location. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 8, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the ----- ---character of -the neighborhood or a detriment -to nearb_y__properties.-_The_applicant'-s_originaLaccessory _ beach house and deck suffered a total loss from Super Storm Sandy and was washed away. Due to the proposed location for the replacement accessory beach house and deck in the high velocity hazard flood zone seaward of the top of the bank and the bulkhead, these accessory structures have the potential to suffer a high, repeatable rate of loss and pose hazards to life and property during storm surge events. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has a swimming pool, hot tub and deck on his property landward of the top of bank with steps providing access to the beach area, dock and water. He can construct an accessory beach/pool house or storage building in a more conforming location that is landward of the top of the bank. 3. Town Law $267-b(3)(b)(3). The variance requested herein is mathematically very substantial, representing more than 100% relief from the code, since the proposed beach house and deck are located seaward of the bulkhead where the code requires a 75 foot setback landward of a bulkhead. 4 Town Law §267-b(3)(b)(4) Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The LWRP Memorandum to the ZBA notes that the proposed beach house does not functionally require a location on the coast and is not water dependent pursuant to Policy 3.a. It also notes that these structures should be located to outside the VE FEMA flood zone and landward of the top of the bank/bluff to further policy 5 of the LWRP to reduce adverse environmental effects, minimize the need for future structural Page 3 of 4 —June 4, 2015 AMENDED ZBA#6667 — Friemann SCTM#1000-117-3-8.4 flood protection measures, or expansion of existing protection measure and to meet federal flood insurance program standards. . 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created by the applicant's request to replace structures that were never legally established in a location that is substantially non -conforming with regard to the code required bulkhead setback and within a VE FEMA flood zone. . 6. Town Law X267 -b. Not granting the requested relief is the minimum action necessary to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to DENY as applied for. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes. Nay: Member Goehringer. (Absent was: Member Horning) This Resolution was duly adopted (3-1). (Signed, adopted and filed in Original Decision) Leslie Kanes Weisman, Chairperson Approved for filing / /2013 AMENDED DETERMINATON: ZBA FILE: 6667 AMENDED NAME OF APPLICANT: Sanford H. and Elizabeth M. Friemann SCTM#1000-117-3-8.4 PROPERTY LOCATION: 1165 Old Harbor Road (adj. to Cutchogue Harbor) New Suffolk, NY. WHEREAS, the Board of Appeals rendered a determination, dated September 5, 2013 denying the relief sought by the applicant; and WHEREAS, the applicant commenced an Article 78 proceeding challenging the Board of Appeals' determination entitled: "In the Matter of Sanford Friemann and Elizabeth Friemann, Petitioners, against the Zoning Board of Appeals of the Town of Southold, Respondent", Suffolk County Index No. 13-27015; and WHEREAS, by decision dated December 12, 2014, the Supreme Court granted the petition and annulled the Board of Appeals determination; and WHEREAS, the Board of Appeals served and filed a Notice of Appeal from that decision; and Page 4 of 4 —June 4, 2015 AMENDED ZBA#6667 — Friemann SRM#1000-117-3-8.4 WHEREAS, the parties have entered into a Stipulation of Settlement that would provide for the issuance of a variance that would permit the construction of the Beach House and deck in accordance with the proposed reduced plan described in the Petitioners' Stipulation of Settlement, which settlement was approved by resolution on May 21, 2015; RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to NOW, pursuant to the terms of the Court settlement, the Board of Appeals hereby amends its September 5, 2013 determination and hereby grants the area variance to permit the following construction: 1. The Beach House shall be reduced in area to 14' x 7' (a reduction to 98 sq. ft.) and located two feet (2') east of the retaining wall; 2. The deck shall be moved landward by three point two feet (3.21) and shall be reduced in area to 20' x 12.1'; 3. Steps to the beach shall be attached to the north side of the replaced deck; 4. The elevation of the Beach House and deck shall be raised four feet (4') in height from their previous location All shown on a hand drawn diagram dated revised 5/21/15 and submitted with the Stipulation of Settlement as Exhibit A Vote of the Board June 4, 2015: Ayes: Members Weisman (Chairperson), Schneider, Dantes, --��- �Goeehringer, Honing:—ThisRes-olution was -duly adopted -(S-0).-- -------- r Leslie Kaiies Weisma ; Chairperson Approved for filing p / S /2015 r N I ee �y 6100 ,o IZA Z. John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A DATE S /a a i Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 1� MAY 2 2 2015 e WE1LAND PERMIT 1 OWNER 51"vvf:o� 6D. H s 62- ggiTM PHONE 6/47'D- F2si� o��n�N MAILING ADDRESS P® 13oy '769- Excl ] ue ADDRESS //�S` o e -D AD /v i5--) sOAI�-&. Zz // 9s PROPERTY LOCATION TAX MAP NO. / •— `f 7 3 F, I/We roa1t) & request an Amendment to Permit # 4131 to Doz.��v ��� �� cf� ✓Jim .��ySiz "T C� 1���-0 4w;:7 -1y, Sri i 7r("!5;M 42'� L/0 <12 r'-' o N OX�1-_ '£ ge SGS 7- r�� 49�ICIJW /VC' 0S'f ('7 Signed By: �_r n^ard of Trustees Applicata - AFFIDAVIT � ►teliTifrlG'L.y��[�7�►1 DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF 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, INCLUDING THE CONSERVATION ADVISORY COUNCIL, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. 4§ignature of Property Owner SWORN TO BEFORE ME THIS DAY OF-�, , 20 I S— Lc"c� 11-�-\ /� &'u'- dA, Notary Public CONNIE D. BUNCH Notary PubOIo, State of New York No. 01 BUG185050 Quahtled In Suffdk CcuntY ! llQ Commission Expires April 14, L Float 12, Rom p� rlc i'es O cdrlerJrPfh-crtMi-Zf 03 - Dblphir> LJ luck �- 00. �I T Tc, a Ff & D o/phir;} 5 o. a 4,x /00' / DOC {r SD 3_0 �a �ardcv�h ' e �= O f_'XiS E�cd/lrhE'a.rl Ma�s� N Z vp Ion LGWn Ba�� pi ' r�,• / . � �S'�D-�----_._ sem'-- _ SECT r'D.1 ` Iasdd rX157}'/�� 1 ck flaaY /+� N w �-/LJ�'Sh rJ CC°+pJ♦I _� _ __._- _ /t b%♦' �1 \\ \ \� / / � � \vim U \\ l/ G ., � �' � \S r11de �tionr�e- - /1!0 `p4?C/ /l 47 o+' S- LGu „lade-� Fill�r�pUV sr � f i New SoffoI focus. ro Cf LJ 40 c P. �1 �`rc wzj -,1, IY/1 Ap ® to 0 2v n 3Q d Old h/a �-Zyor Pyr 11.11_: )A/ -9 e/ FA=n L. k- SOFF-01- COUNTY Suf-folY, Co. /DOv /l7-3-8.4 Con sTYllc' an G!n An I-Ae Pxisf-/1,� odCl 0/0 X 20'/�ID07" ar1G/ 0 3' /2 Tim off do /7/r7 s. Tv ream a sr�1 all ,ply -g u -e craft Y &Ialey- sh�a/rr� .5'q1v,r0PD H f-RI614 A h111 Old I H. GEIDEMAN EA4 4,10 N -- L , . NEW YORK / 193 q - 0416 N. Y. State Lic. Land Surveyor. Bate a--7 9 L1 W7 w. sz4 z - -P... Of COS s7i 3S M 14 VJ NW--7,TQ%V77.7 RIpn) 7 r) I,i Prjw t14 pocnNi� /r I- L jr /I ^1 /)O.0 A 41 L6 7- 2d Dolphl'fi$ Romp'. 4. fes erde plb - at rd 0 j 0 C-, '. - rc -14 • 4'x 100' "DoCK .PLAN P -do NY!DEO APP"0VFD AS Ilt"t "*bIll fol AND .CONIVITION-9 OF q/ Dor DATA Beo c h3710 35 p�r.•aclr Gvb -PLO #7 '104 LL k) CL Qp 1+0 fj 1) s v C-1 y Zo' Floa' �2' hL,vill / I l0HIW 1171015 I 9d 3 v -f fo I rl Co. /000-/17-3-8-4 AX. +1 ."q +I r dw� e f lar o eld ifibn ll� "# ... " Dr) loo'g A pf MIS _/0 c /00 Sx :z 0, A cl 2-71 T 6 . -- - - - - I I pleeis a r -c r I ......... oe�;Ilii— SA�q& /5fW I'M MY'- i(rc[NITY LIMP Wcjj sirDm Aia� FF EZ -73-2- 0 _YWERSC2 o0W Hewhor 12d, A/r-W 31IFFOLK COUNT� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 6, 1994 Sandford Friemann 1165 Old Harbor Road New Suffolk, NY 11956 RE: Sandfor-Friemann SCTM #117-3-8.4 Dear Mr. Friemann: The following action was taken by the Southold Town Board of Trustees on Thursday, June 30, 1994: RESOLVED that the Southold Town Board of Trustees grants an amendment to permit #4318 to add a 3' X 12' ramp and an 8' X 20' float to the existing dock. This amendment will bring the length of the dock to a total of 134' reaching the maximum limit of 1001 from MHW. If you have any questions, please do not hesitate to contact this office Sincerely, Alb J! Kr pski- President, Board of Trustees AJK:jmd CC: John Geideman StlFF04 Albert J. Krupski, President p�0 CO Town Hall O` John Holzapfel, Vice President 53095 Main Road William G. Albertson x P.O. Box 1179 Martin H. Garrell Southold, New York 11971 Peter Wenczel y�Ol �a0� Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 6, 1994 Sandford Friemann 1165 Old Harbor Road New Suffolk, NY 11956 RE: Sandfor-Friemann SCTM #117-3-8.4 Dear Mr. Friemann: The following action was taken by the Southold Town Board of Trustees on Thursday, June 30, 1994: RESOLVED that the Southold Town Board of Trustees grants an amendment to permit #4318 to add a 3' X 12' ramp and an 8' X 20' float to the existing dock. This amendment will bring the length of the dock to a total of 134' reaching the maximum limit of 1001 from MHW. If you have any questions, please do not hesitate to contact this office Sincerely, Alb J! Kr pski- President, Board of Trustees AJK:jmd CC: John Geideman r Board Of Southold Town Trustees SOUTHOLD, NEW YORK ga It PERMIT NO..ai ;� �..._ DATE: ... 5./..26[.44.......... ISSUED TO ......:SANMR.D FRIEMAN ,�u#l�uxi�tttinn Pursuant to the provisions of Chapter 615 of the Laws of ` the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .5/.26/94.-. 19...9.4.., and in consideration of the sum of $ 100...0.0 .. paid by ;y 7.ohn_ Geideman...for.. SANF'.ORD._FRIEMAN ................ ;• w of .......New... Suffolk- ... .......... .. ................ .... . N. Y. and subject to the y Terms and Conditions listed on the reverse side hereof, a; of Southold Town Trustees authorizes and permits the following: Grandfather Permit for an existing beach house, a 15' X 30' deck around beach house and an 85' X 4' existing dock as per drawing dated as rec'd. 2/7/94. DENIES request to extend dock 100feet tch Harbor. all m accordance wituthe 2ai{ed specifications as presented in K "t the originating application. IN WITNESS WHEREOF; The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Board Of Southold Town Trustees k, SOUTHOLD, NEW YORK i1 ; t PERMIT NO.. DATE: DATE:.....12/2:1/..95...... s ISSUED TO............. SANFO.RD... FT2E.IMAN.:: Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the k State of New York 1952; and the Southold Town Ordinance en- ' 1 titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the: REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS; and in accordance with the j Resolution of The Board adopted at a meeting held on .121.2:1/95_ l 19...9.5_., and in consideration of the sum of $J00. (10. paid by ; __.Sanford_'. Freiman ... _, __................... _...... ...... .: of -East Marion... .......... ..... _ ............... _.. N. Y. and subject to the Terms and Conditions listed on the reverseside hereof, of Southold Town Trustees authorizes and permits the following: Amended Grandfather Permit to extend existing dock by 100' making total structure 195' from M.H.W. not to exceed length 'P ��fg n ighboringbdocks. Cutc�ogue Haror all in accordance with the detailed specifications as presented in the originating application. <` IN WITNESS WHEREOF, The said Board of Trustees here- C by causes its Corporate Sear to be affixed, and these presents to x be subscri6ed by a majority of the said Board as of #his date. abstaine...d l......... NAY _£ y� rustees t� .-.`...rm'�.au^•',!.�..3.":f..,.'.�...�.�.m.s, s :.>.,+. r r4 a '+� "-•�..ad.aaru°' •e Albert J. Krupsk, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell' Peter Wenzel December 23, 1994 L BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Patricia C. Moore Moore & Moore, Attorneys 315, Westphalia Road P.O. Box 23 Mattituck NY 11952 Re: SANFORD FRIEMANN SCTM #117-3-8.4 s Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Dear Ms. Moore, The following actionwastaken by the Board of Trustees during its' regular meeting held on Thursday, December 22, 1994, regarding the above matter: WHEREAS, SANFORD FRIEMANN applied to the Southold Town Trustees for a permit for a dock extension under the Wetland ordinance of the Town of Southold dated February 7, 1994; and, WHEREAS; said application requested to extend the existing dock one hundred feet plus,a twelve foot ramp and a twenty foot float; ,and also requested approval to rebuild a beach house and deck that had been built in the 1950's; and, WHEREAS, the existing dock is approximately 120 feet in length and extends approximately 85 feet from the mean high water mark; and, WHEREAS, said application was referred to the Southold Town Trustees for a permit under the provisions of the Wetland ordinance of the Town of Southold, as per survey dated February 7, 1994; 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, I -WHEREAS, the Board determined on May 27, 1994 that it was in the best interest of the public to approve the Grandfather application for rebuilding the beach house, deck and existing dock, but .that the request_.for a dock extension would not he in the best interest of the citizens of the Town for the reasons more fully set forth below and, WHEREAS, the applicant received a permit from the Department of Environmental Conservation to extend the dock, dated August 9, 1994; ands WHEREAS, on October 12, 1994 the .applicant requested a reconsideration of the previous request to extend the dock, and, WHEREAS, a hearing was held by the Town Trustees with respect to the; reconsideration of the dock extensionapplication on Novembor IT 1994 it which time all interested persons were 4ven,an opportunity to be heard; and, WH, the,proposed,application would allow a;dock, including razpp�aid ;float, which would be 245 :feet long, extending 210 feet from"the *igh water`+mark into the harbor; and, aEiE M*5,,Cutchogue Harbor is extensively used by boats, and in p rtidular, the applicants', property is close to School House Qreekp�hich is the site of 'several marinas and has heavy boat 'traffic, and, WHEREAS,, ,a, survey of adjacent docks shows that the Givens' dock to ;thd-horth is. only 80' long from mean high water mark, and the Cold Cove Yacht Club dock to the south is permitted to be not mare-han'100 feet long from mean Nigh water mark; and, WHLREAS, the excessive length of the proposed dock extension Away f6m'.the shore and into the harbor will create a hazard to haviga#on, and, W)iERE, the excessive length of the proposed dock extension 41ll-p-Veate a dock which is far longer than other docks in the rea;a`;d would encourage the extension of other docks (including - ramp n float) to further interfere with navigation in -the harbor r And EREq-, the project site was last inspected by a member of the $aard]Ef Trustees on October 27, 1994 and it was found that lif�kidre�ls a water depth:af 2' at end of the existing Fr emann 66k a ` low tide 12:15 p.m., and,. NI REAS, the Trustees have considered applicant's indication hat to proposed extension will give access to a water depth of 1/2 feet but have concluded that access by an 'individual to tater depth is a secondary consideration when weighed against he na'Vigation hazard such an extension will create for the general; public, and, WHEREAS, the130foot X 4 foot proposed,dock extension will monopolize an exceptionally large area of public bay bottom,, effectively barring other users from this area, and, WHEREAS, the above reasons -for denying the dock extension are as Valid at this time as they were when the Board initially denied the application on May 27, 1994, and, WHEREAS, the Board of :Trustees finds that this project will, according to the standards of Chapter 97-28; ' A. Adversely affectthe wetlands of the town, F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the :town, I. Otherwise adversely affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT, RESOLVED, that the Board of Trustees hereby incorporates these findings into its' decision of May 26, 1994 and 'hereby ratifies that decision to DENY the request to extend the dock' 130 feet including ramp and float. cc. CAC o��sUFFOLk�oli � Albert J, Krupski, President y Town Hall John Holzapfel, Vice President 53095 Main Road William G. Albertson 0 �+> P.O. Box 1179 Martin H. Garrell y �� Southold, New York 11971 Peter Wenezel 0 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD NOVEMBER 17,;1994 TRUSTEES RFr_Trr.nra WVrf1TTFr III. AMENDMENTS/WAIVERS/CHANGES° 1. William D. Moore on behalf of SANFORD FRIEMANN requests an Amendment to Permit #4318 to extend the existing dock and catwalk,approx. 100 feet as shown on the attachedldrawing. Located 1165 Old Harbor Road, New Suffolk. SCTM #117-3-8.4 TRUSTEE KRUPSKI: I am not participating; in this first one and I'll ask our Vice -President to conduct this amendment application. TRUSTEE HOLZAPFEL: Would you like to talk about it Mr. Moore? MR. MOORE: I,am the attorney for Mr. Friemann. I want to, talk to you about this amendment that we requested. It's basically the same request as the original permit which is the extension of 100 feet of existing dock. As you're aware... TRUSTEE WENCZEL: Excuse me, just to clarify that, isn't it an> extension of 100 plus a 12' ramp and a 20' float?' MR. -MOORS: Well the ramp and the float you've already approved. That is there. That remains, and we're adding 100 feet to that which has been approved. We're not, asking that you . take away the ramp and float. That would get us down to the water level at that point. Your 'Board acted very quickly on this application when it came in back in May or June and at the time that you ruled upon this and which you denied the extension request we had not heard back from other.'agencie>s';. I provided: for you, for your file and your information copies of a DEC permit which was received which was granted without modification for this proposed extension. The New York State:Dept. of State which concerns itselfwithCoastal Management concerns ,and State policies of the use of our coastal ways, authorized issuance':of permit without modifications. the U.S. Army Corps of Engineers has issued its permit for this extension as requested without modification. When this application was before you, your own CAC unanimously recommended issuance of the extension as requested.. The 'CAC recognized the water depth there. where his dock ends now it's possibly one foot of ,water than mean low water. The extensionwilltake him down to 2 1/2,.feet approx. at mean low water, !so CAC unanimously recommends to=the board issuance, of the extension as requested. In your decision, you determined the :proposed extension would have no adverse effect on the Town, on the wetlands, on the waterways, all the criteria considered under the wetland ordinance, and then summarily denied the 100' extension, with no findings in your decision to support the denial. Now, we've requested an amendment and come before you tonight in light of, and so that you could have the benefit of every other agency's considerations which grant the amendment, or the extension rather, as we've requested it. I have with me tonight Larry Tuthill who, as you know, is from the community, a licensed P.E., and I'd like him to speak to the slight conditions, the structure, and explain to you that there's really no problem with this proposed extension as we've proposed it to you, if I could have him come up for a moment. If you would, Mr. Tuthill, just for purpose of the transcript, and the lady who's going to type it up, would you please state your full name, address, and occupation. LARRY TUTHILL: Lawrence M.:Tuthill, the address is 1215 Inlet Lane, Greenport. MR.MOORE: And what licenses or degrees do you have? Tell the board. MR. TUTHILL: I have a degree in Civil Engineering, a bachelor of science degree in Civil Engineering, and -a professional engineering license from the State of New York. MR. MOORE: Okay. Are you familiar with the site, the Friemann property? MR.TUTHILL: Yes I am. MR. MOORE: And have you had a chance tolook, over the proposed plans for the dock extension there? MR. TUTHILL: Yes I have. MR. MOORE: And with your background and your experience, do you see any problems, structurally, for this proposed extension? MR. TUTHILL: I see no problems, no. MR. MOORE: Alright, in your opinion, any adverse impacts on the bay, or Mr. Friemann's property, or for that matter, on the surrounding property? MR. TUTHILL: No, there are, the yacht club dock extends, they have piling out there right now, and there was an existing dock that led way out in the creeks, out to the bay.The one, there's a dock to the west, I mean to the north really, that extends out maybe a hundred feet, or a'hundred and some feet or so, but beyond that, 50' beyond that is a fairly large cluster of rocks that run parallel to the beach, which is certainly, would be a navigation hazard if you allowed people to go in that far, or gave any indications that, that, by structures that that area was deep water, which it is not. The navigation maps here would show that the area in, general is probably only about 21 in water, throughout the whole area, running through the 'creek at Boatman's Harbor. MR. MOORE: Any information the Trustees ought to know about this sight, or... MR. TUTHILL: Along with that site or so, in the general area, to the north of the Yacht Club dock, there is an old sunken schooner, which remains, some of the remains are still there, and I have a picture of it here to show that that area is not , [p\fin �. too conducive, I mean for in to shore for navigation, an it's more or less a hatiard for anyone to go in that area, so that, because :the wate'r's so shallow, most of the local people know that:you cannot use that area because it is so shallow.. TRUSTEE WENCZEL: Perhaps we could, before.we get too far into this, explain some of the reasons why it was originally rejected, and why -we're, you :know,; what triose problems: are that still exist there. And, you -know, the first thing I have to, point out, is you, in reading, our resolution., suggest that we ruled that there was no environmental effect of this dock. You'll have to note that in that resolution, we ,granted a grandfatherpermit, and .their grandfather.;permitl was for, the existing dock that was:tfor the'cabana.aFnd structures on the, bulkhead.`there, and. that statement :that there was no environmental effect to'thls dock, referred only:to the structures t, At= permitted. Okay? MR. MOORE: 714ith, all respect, I'll let that document Which you drafted and voted upon •'speak- for: itself . TRUSTEE WENC,ZEL- Rightwell; L!m just explaining,, okay?. MR =kb'Q' RE NTo., I under stand that. T�2USSEE WrNCZM- And -,;we're giving; you the opportunity to clam fy ,your postLon 5 ;`,so I think you need to al%ow us + the OPporturiity ,to,cIaiify :ours. MR. MOORS: Fine,. a TRUE`,nNENEL The;, other point that Mr. Tuthill,l made was al,out t..h , adgAbeht dpeks, and I think, just to clarify, that, the dock totle norttr of that belongs to somebody by the Iname of Givens=and g- Z6 look at the Givens dock, they,lsve a permit in our file`s, let me just check here, for an 80' dock. And that 8p' dock, looking at the diagram that they gave:U6.i Looks like maybe 60 or 55'. of it extends from the high water'', Mark out into the bay ,Asyouaknow�,<ir I'm not sure that you;d"i know, but the Old_cove -Yacht flub applied to us earlier.this yetar for a permit to rebuild their<docki and that permit, we allowe4ithem to build a dook;that wzll exteudsno further than 100' fror(,mean high water, so,th too dock neither side are not Icnger thanthe Faiiemann dock,ItheyIr,e right about the same. Yes,`;go ahead. MR.`TUTHILL But the i;e4i.sting structures are stigli there, and You can't deny,the use .df those existing,structt�rrbs. TRUSTE "WEX=Li. Tha€',s,,t ue, that's true. But I -don't know. Mg. ! TUTHILL: ; Vere ;is ;,,• as I've said before, there's pictures in here, where the people have just,.hey,we want -,to get a permit fir more,or les&e?the bulkhead, but on that particular property ` is a'stinken vessel, and py,not allowing it to g© qut:any further, you ,have putathese boats using that, these little kids using a boat�iruq'eopardyfof that sunken vessel, a�d don't think gycu; re 9 `U w4 t �yo� were doing bY, puttinq�, :having them navigate arodnd�an ar,4a where this,sunkeh,vessel 19. TLl7STEFr' WENCEL , ; Te idopk . at Old Cove Yacht Clue;would have eictendi to ihab,sun7cxi Gressel, is that what you're... 1 BTU ILL Np tkie,sunken vessel is on the not, h side of the Ycht ub- dcck„ `andl that. Was one o£ the xeasons ; icy it extended otrt that ,far, to;,extend beyond that sunken vessel:;. And I don't think they realized it when they gave out that permit. TRUSTEE WENCZEL: I don't think anybody came in here and gave us, any testimony about that or said a single word about that. MR. 'TUTHILL: Well, it was there, and it's still here, that doesn't change the fact that it's still there, the sunken vessel's still there, and it is a hazard to these people using it. And the second issue, though, you do have those rocks out beyond Givens's dock. Have you ever noticed those there? TRUSTE WENCZEL: Oh yeah. I saw them. MR. TUTHILL: Well, they are there, right, and quite a ways beyond it, and they run longitudinally, so that is a navigation hazard right? TRUSTEE WENCZEL: As well as a longer dock would be also. MR. TUTHILL: Well, but you can't navigate, as you know, you can't navigate in that area really, I mean you can float a row boat, but that's, in that whole area in Cutchogue harbor, it's very dangerous to be in there unless you know the waters, because you will run aground. TRUSTEE WENCZEL: The point that I would like to make is that I was down there,- let melookat my notes here, on the day of our last meeting, because this was up for a discussion. On October 27th. And I very carefully consulted Eldridge tide tables, and I was there at low water, and in fact, I made a number of trips these to make sure that I hit low water, and as of my measurements at 12:15 that day at low water, there was 2' of water at the end of that dock. Now, whereas that may not have been the lowest tide that ever exists, it was probably in the ball bark, and the weather that day was a northwesterly wind, blowing 15 to 20 knots, which, as you know, will give a little bit more of a low tide than is normal. So... MR. TUTHILL: Not necessarily. TRUSTEE WENCZEL: I think the board's contention is that it is navigable, that there's a lot of traffic coming out of Schoolhouse Creek, there's a lot of activity there, and that this dock would interfere with that. And docks of that length would interfere with that in that neighborhood, and that's one of the reasons that the Old Cove Yacht Club dock was always, was also reduced to 100' from mean high water in that area. MR. TUTHILL: Well, what you're saying in reference to your measurements, the wind blowing northwest, just this evening, we've got the wind blowing very hard from the east or so, and there's an extremely low tide there, even with the wind blowing. TRUSTEE WENCZEL: Full moon also. MR. TUTHILL: So when the wind blows northwest, it may or may not be critical to what the tide is doing. So, in reference to the boating on Schoolhouse Creek, I know of no one using that Creek, in or out of that Creek goes close to that shore, or anywhere near where the area of Mr. Friemann's dock. I don't know of anybody ever using any boats, they usually head out in the area of Robin's Island, very few people turn and go towards ' Wickham's Creek or Boatman's Harbor. Very, very few if any. It's hard to say. In fact, out in front of that area, in the summer, there are quite a few boats moored out in front of that area. TRUSTEE discussion this mov mermaids,, discussio applicati going to MR. MOORS: dock,exte documenta it Yetu documenta have: the. KRUPSKI.: You know, I can't participate in this , but:I can, as chairman, I'm going to insist we keep ng along. We're talking about rocks, and wrecks and and we'regetting,off course here. So let's keep, the n going here. Excuse me, let me finish. You have an on for -an amendment, stick to the program, becauseit's be along night. The application for the amendment is to allow a'100' nsion,, as was originally requested. we.provided you tion to show'-you.that every other agency has., approved have Mr. GeiF ermin's soundings or markings� ,on his tion in: your11 -''files to what the water, depth: is.. you, water charts available here, they show', what the water . What yczLt've done, by, ,creating -this 1Q0'_;policy is P , beyonti;;the Trustees ,jurisdiction.. `Iou don't have r3_Zt to -.;create a 100' rule. The.Town board, if' they Icing, .,acme [aell, or. i.Lga: waceL, ..no pun incenuea-,.,,eney can ao I.L.; They can -also pit in a'mechanism that says,-geeze', under these particular`cizdtmstancess something could. be longer,than,a hundred:Tfpe Eut �xr;�board.is acting the,delegatipn of their authozity tr�,,deal crh wetland permits. you dant Kaye it with'nyour rignt and: yq'ur'l power . to decide docks Frill; be no loxger, than a hundred feet from'•mean high water -period. The problems l.th a, pols „ lfike that. call it.,polleyr if ',you will, or something[Wkittis that it doesn't;,c cal with. site conditions, which is tiahathwe're talking, about=hie... Hazards'to navigation,that,; are zn h4t area, the shallow;iepth of -water. A hundred boat lil i et rule+,deals with none of tha" ' ; you'7ve taken_ away .9`ome ne's L lght" 'get_to navigable ,wajer� t's as simple as that. l,, We e �n by why of. an amend ontMap-ieatioA that was suggested to vsiyou'eware,cf the status oYiitiaticn, is out proceed ,along thosE lines, we wanted to v ork with fru And try to aexpla n we, 14hak that, you're wrong. .If you want br ld a policy, persuade kheRTowh Board to draft the lobal,la�i$ e -way you want-it.� $ ybu.guys can't sit here as a bgakd say we will or Will not,allpw these things peric'd' ekdio -di ussion. It doesn'tT `k. Atid so I ask yeku.t4 consr amendment, to grant. it.F as,nraposed, and legs move, Wit this.: TRUSTEE HQLZAPFI just ask a question, in your opinion, does a property awner"have a right to build a dock as: long as they need t4, -as{ long,as'they want to? What is, I'in just ,asking £or your pat, eters, in terms of navigable water.. If somebody ebmes and needs a haltf mile dock, is that a prouerty owners tight? V m Jiist...th'a08 where I'm, I'm torn between the two. MR. D0bRE',:, That's ex'a� ctly why the hundred foot policy, to sit there and say I!m gong,to stick to my guns, does#n't make any sense. And if I sat there and said he wants to bring a sloop in with a 10"keei and jd='s going to be this big, and that ... I'd say gee, am I talking; about something reasonable;or not? With the depth of water, and Frere talking, and that's the problem With the policy, it dpesn't deal with site specifics, we, got shallow, water here. That entire bayfront area of Cutchogue Harbor is very shallow, any .sailboat guy out there knows don't go anywhere near there. Anybody with a power boat knows don't go near there,.at least if you're smart 'enough to check a chart out, you know. You'll find your way in there by mistake, and you'll know what the problem is. So, it deals with, you know, it has to be reasonable, but it deals with the ability to get with navigable water. And we have given you the depth of the water, you have the available governmental charts showing you what it is,and presently, we show a foot of water at the end of this dock, and we're asking to get to 2 and 1/2' of water. To get to 2 and 1/2' of water is not an unreasonable request to get to navigable water. That's really the issue. In light of the site conditions. If the water was 40' deep right there, and we still said no, we want to go out half a mile, it doesn't make any sense. It doesn't make any sense at all. But in light of the site conditions, you can't operate, absent knowing what the particular sight is. On the sound, on the bay, all different considerations in there, but you've got to deal with the sight, you can't say 100' is our rule. It's easy, look, 1001. It makes for an easier decision, no argument about that. And you don't have a lot of arguments from people like me, who you're getting kind of, you know irritated, it's like we've gotta deal with the site. And I go back to, you didn't have the authority in the first instance to declare a 100' rule. You're zoning board, I'll give you an example. The Zoning board says, you gotta build your house 30, the zoning board? No the Town Board says you gotta build your house 35' from the front yard set -back. It's written in stone. No it's not. There's a variance mechanism out there. You go in there and show why the 35' rule doesn't work for you, why on your site the 35' rule is inappropriate, and Gerry Goehringer and the board sit there and listen to your argument and say yea or nay, go to 301, go to 281, because of your site conditions. And that's what this application's all about. Thank you. TRUSTEE HOLZAPFELz Are there any other comments? TRUSTEE KRUPSKI: No, this is not a public hearing. TRUSTEE HOLZAPFEL: Oh, sorry. Okay, thank you for your comments. What we're going to do now, I think, is close this, and then we'll look at all the stuff you've given us, go through it carefully, and then at the next month's meeting, we'll make :a decision. MR. MOORE: Very good, thank you. TRUSTEE HOLZAPFEL: Okay? Thank you. Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenzel May 27, 1994 John Geideman P.O. Box 416 East Marion, NY 11939 C CD 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) 765-1823 Re: Sanford Frieman SCTM #117-3-8.4 Dear Mr. Geideman, The following action was taken by the Board of Town Trustees during its regular meeting held on May 26; 1994 regarding the above matter: WHEREAS, SANFORD FRIEMAN applied to the Southold Town Trustees for permit under the provisions of the Wetland Ordinance of the Town of Southold, as per survey dated February 7, 1994, 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 j respect to said application .on April 26,.1994at 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; r 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, i RESOLVED, that the Board of Trustees approves the Grandfather application of SANFORD FRIEMAN for an existing beach house, a 15' X 30' deck around beach house and a 85' X 4' existing dock, as per drawing dated as received Feb. 7, 1994. RESOLVED, that the Southold Town Board of Trustees DENIES the request to extend the dock 100 feet. 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. Fees: None Very truly yours, a 9. �. Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. ,CAC' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 7, 1994 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax(516)765=1823 Chairman `Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Chairman, Transmitted herewith are the following applications for a wetland permit. SANFORD FRIEMANN SCTM $117-3-8.4 Please prepare a written report of findings and recommendations with respect to these applications. Very truly yours, Alb rupski President, Board of Trustees AJK/djh d i FF04 �✓ Albert J. Krupsl , President' John Holzapfel, Vice President William G. Albertson 0 y x Martin H. Garrell Peter Wenzel O BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 7, 1994 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax(516)765=1823 Chairman `Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, NY 11971 Dear Chairman, Transmitted herewith are the following applications for a wetland permit. SANFORD FRIEMANN SCTM $117-3-8.4 Please prepare a written report of findings and recommendations with respect to these applications. Very truly yours, Alb rupski President, Board of Trustees AJK/djh Ret ppmpendations 2117/94 No. 1113 Moved by Patricia lsaksen, seconded by Jack Hagerty, it was RESOLVED to recommend to the 'Southold Town Board ,of Trustees - APPROVAL of the Wetland Application of SANFOR,D FRIEMANN 117-3-8.4 to extend existing dock100' - shoaling has decreased water depth to less than 1' at mean low water. Extension is to make possible mooring for small pleasure craft. 1165 Old Harbor Road, New Suffolk Vote of Council: Ayes: All Motion carried`. No. 1114 Moved by Bruce Loucka, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town '= Board of Trustees that a GRANDFATHER PERMIT be issued'' -to CHESTER R. ALBERTSON 70-4-2 ' for anexisting timber' bulkhead, 15' dock and concrete wall erected prior to 1968. Wells Avenue,_ Southold. Vote of Council: ,Ayes: All Motion carried. No. 1115 Moved„ by Allan Connell, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Application of DR. ANDREW MCGOWAN -116-6-18, 19, 20 to remove and replace, (in-kind, in-place}, four (4) timber jetties whose lengths are, west to east, 50+/- I.f., 85+/- Lf, 100+/- Lf. and 50+/- l.f. New structures will be low profile. Outer ends will be at elevation of AHW except for piling. Remove and replace (in kind and in place) 25+1- Lf. of timber bulkhead and backfill with 7 c.y. of -clean sand to be trucked in. New straight bulkhead to replace existing curved bulkhead. The Council recommends disapproval of the application as submitted. The Council suggests the applicant only replace the two outside, 50' jetties, (jetties must be low profile); DO NOT replace the two inside jetties. This would allow the beach to stabilize. The Council also suggests the applicant remove but DO NOT REPLACE the: bulkhead, there is no need for a bulkhead. Plant the eroded area with'spartina patens. New Suffolk Avenue,' Cutchogue Vote of Council Ayes: All Motion carried. No. 1116 Moved by Allan Connell, seconded by. Bruce Loucka, it was RESOLVED to recommend' to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of GREGORY 'POULOS `15-3-3 to construct stairs from top of bluff to beach, approximately 56' x 3' overall. The Council recommends approval provided the applicant replant the exposed areas and under the ;stairs with beachgrass. Page 2 TRUSTEES Oy0$�FFO(A,CO \\ b SUPERVISOR John M. Bredemeyer, III, President ti� Gym SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President y .e Henry P. Smith ,,, Town Hall John B. Tuthill �y �� 53095 Main Road William G. Albertson �OjaQ EO. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 2, 1993 Sanford'Friemann Old Harbor Road New Suffolk, NY 11956 RE: SCTM #1000-117-3-8.4 Dear Mr. Friemann: After aninspection by a representative of the Board of Trustees, the proposed addition was found to be out of the Trustees jurisdiction. Please note that this does not constitute any approvals from any other agencies. Ifyouhave any other questions, please do not hesitate to contact this office. Very truly yours, Henry P. Smith Member, Board of Trustees HPS:jd DRAFT RESOLUTION DRAFT RESOLUTION - SANFORD FRIEMANN WHEREAS, Sanford Friemann,applied to the Southold Town Trustees for a permit for a dock extension under the wetland ordinance of the Town of Southold dated February 7, 1994; and WHEREAS, said application requested to extend the existing dock one hundred feet plus a twelve foot ramp and a twenty foot float;Z. s, WHEREAS, the existing, dock is approx. 120 feet in length, and extends approx.,'85`feet from the mean high water mark; and, WHEREAS,, said application was referred to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, as per survey dated February 7, 1994, 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 documentationsubmitted concerning this application, and, WHEREAS, The, Board determined on May 27, 1994 that'the request for dock extension would not be in the best interest of the citizens of the Town for the reasons more fully set forth below; and, WHEREAS, the applicant received a permit from the Department of Environmental Conservation to extend the dock, dated August 9, 1994; and, WHEREAS, on October 12, 1994.the applicant requested a reconsideration of the previous request to extend the dock; and, WHEREAS', a gc hearing was held by the Town Trustees with respect to the reconsideration of the dock extension application I" od4m on dy—X94 at which time all interested persons were given an; opportunity to be heard; and, WHEREAS, ,the proposedapplication would allow a dock, including ramp and float, which would be 245 feet long, extending 210 feet from the high water mark into the harbor; and, WHEREAS, Cutchogue Harbor is extensively used by boats, and in particular, the applicant's property is close to School House Creek which is the site of several marinas and has heavy boat traffic; and, WHEREAS, ,a survey of adjacent docks shows, that the Givens' dock to the north is only 80' long from,mean high water mark, and the Old Cove Yacht Club dock to the south is permitted to be not more than 100 feet long from mean high water mark; and, WHEREAS, the excessive length of the proposed dock extension away from the shore and into the harbor will create a hazard to navigation; and, WHEREAS, the excessive length of the proposed dock extension will create a dock which is far longer than other docks in the area and would encourage the extension of other docks (including ramp and float); to further interfere.. with navigation in the harbor; and, WHEREAS, the project site was last inspected by a member of the Board of Trustees on October 27, 1994 and it was found that there is a water depth of 2' at end of the existing Friemann dock at low tide 12:15 p.m. WHEREAS the Trustees have considered applicant's indication that the proposed extension will give access to a water depth of 2 1/2 feet but have concluded that access by an individual to water depth is a secondary consideration when weighed against thenavigationhazard such an extension will create for the general public; and, WHEREAS, the 130 foot X 4 foot proposed dock extension will monopolize an exceptionally large area of public bay bottom, effectively barring other users from this area; and, WHEREAS, the above -reasons for denying the dock extension are as valid at this time, as they were when the Board initially denied the application on May 27, 1994; and, WHEREAS, the Board of Trustees finds that this project will, according to the standards of Chapter 97-28: A. Adversely affect the wetlands of the town; and F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. I. otherwise adversely affect the health, safety and general welfare of the people of the town. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby incorporates these findings into its decision o Ma�21,44 and hereby ratifies that decision to DENY ith therequest to extend the dock 130 feet including r t. DE*�tv'RTMENT OF THE ARMY NEW YORK DIStRICT. CORPS OF ENGINEERS JACOB K. DAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 _r.�. F5fj ed] R r"w' OCT L 51994 IN UI`' r F?1 �wr*o March 2, 1994 Eastern Permits Section SUBJECTS Application Number 94-01420-L2 by Sandford Friemann To Whom It May Concern: The New York District, U.S, Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: Sandford Friemann P.O. Box 962 Cutchogue, NY11939 ACTIVITY: Extend an existing'four foot wide fixed pier by 100 :feet and install a 3 foot by 12 'foot ramp, an 8 foot by 20.foot float and two dolphins. The purpose iof this project is to provide adequate mooring for the applicant's vessel. . WATERWAY: Cutchogue Harbor, 'Great Peconic,Bay LOCATION: New Suffolk,,Town.'of Southold, Suffolk County, NY As this is minor in nature, authorizationmay be by Letter of Permission. This is in .accordance with current Federal Regulations governing work in navigable` waters of the United States. To accomplish the coordination required, prior to the issuance of'a Letter of Permission,` your review :of the enclosed drawings is requested. Pursuant to Section 307'(c) -of the Coastal 't Zone Management Act of 1972 as.amended (16 U.S.C: 1465'(c)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within. 20 days of .:the date of this letter. Sincerely, a es, W. Haggerty eft Eastern Permits Section - Enclosure __ MOORE & MOORE Attomeys at Law 315 Westphalia Road P.O. Box 23 Mattituck,New York 11952 Tel:- (516) 298-5674 Fax. (516) 298-5664 William D. Moore Patricia C. Moore October 23,1994 Southold Town Trustees Southold Town ,Hall Main Dead, Southold 11971 RE:Sandford Friemann-dock and catwalk Dear Mr. Krupski, President Margaret Rutkowski Secretary Enclosed please find letter from State of New York, Department of State which has no objection to the authorization of Mr Friemann's proposed dock and catwalk. Also enclosed is the Army Corp. of Engineers' letter which states that it intends to issue a letter of permission. Thank you in advance for your assistance in this matter, if you have any questions please do not hesitate to contact us. ry tru yours, tricia C. Moore pcm/mr enclos. Sandford Fr eMrnr pd ai € { OCT 2 5 1994 i n!J;OL STATE OF NEW. YORK DEPARTMENT OF STATE ALBANY, NY 12231.0001 GAIL S. SHAFFER. SECRETARY OF STATE October 19; 1994 Ms. Patricia C. Moore Moore & Moore 315Westphalia Road P.O'. Box 23 Mattituck, NY 11952 Re: F-94-063 U.S. Army Corps of Engineers/New York District Permit Application #94-01420-1-2 Sandford Friemann Town of Southold DEC #1-4738-00918/00001-0 Letter of Permission Issuance Dear Ms. Moore: The Department of State has reviewed the information received on October 17, 1994 describing the above proposed project. Based upon the information submitted, the Department of State has no objection to the authorization of this proposed project by Letter of Permission.. No further review is required by the Department of State. We appreciate your referring this information to the Department of State for review. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. Sincerely, WiL C William F. Barton Chief, Consistency Review and Analysis Bureau Division of Coastal Resources /J and Waterfront Revit —} WFB/ KV 'tb D ! cc: COE/New York District = Sophie Ettinger DEC/Region 1 - Dave DeRidder' {j�T 2 1994 { II G 0 printed on recycled. paper. }{f% i MOORE & MOORE Attomeys at Law 315 Westphalia Road P,O. Box 23 Mattituck, New York 11952 Tel. (516) 298=5674 Fax: (516)298-5664 William D. Moore Patricia C. Moore 4 October 12, 1994 Southold Town Trustees Southold Town Hall Main Road Southold, NY 11971 Re: Sanford Friemann Dear Mr. Krupski, President Southold Town Trustees: 3CIU Ott By this letter, we hereby request on behalf of Mr. Sanford Friemann, to amend the Board of Southold Town Trustees permit to extend the existing dock and catwalk approximately 100 feet as shown on the attached drawing. The existing dock stands in water that is only 1 foot deep at mean low water. The proposed extension will enable Mr. Friemann access to navigable water, water depth of approximately 2 1/2 feet at mean low tide, for the purpose of docking Mr. Friemann's small pleasure craft. Mr. Friemann is entitled to reasonable exercise of his riparian', and littoral rights as an upland owner. We therefore respectfully request that the Trustees grant Mr. Friemann an extension of his existing dock, as proposed. Please contact us when this matter will be placed on your agenda for discussion. 4Vely y urs, D ore WDM/mr NEW YORK STATE DEPARTMENT OF ENVIRONMENTAI" -WSERVATION PERMIT ISSUED TELE PHONE NUMBER Sandford Friemen - ADDRESS OF PERMITTEE. DEC PERMIT NUMBER- 1-4738-0000918/00001-0 CONTACT PERSON FOR PERMITTED WORK --''EFFECTI>e-" ATE August 9, 1994 FACILITY/PROGRAM NUMBER(S) LOCATION OF PROJECT/FACILITY PE'T' -' EXPIRATION DATE(S)August TOWN WATERCOURSE MYTH COORDINATES 31, 1997 Southold Under the Environmental DEM31MM CF aJrcRiz® xrIVITY . be in accordance with the .attached NYSDEC approved plan. Conservation Law 'TYPE OF PERMIT ew ❑ Renewal ❑ Modification 0 Permit to Construct 0 Permit to Operate e 0 Art iele 15, Title. 5: Protection 0 6NYCRR 608. Water Quality 0 Article 27, Title 7; 6NYCRR-360: of Waters Certification Solid Waste Management '. 0 Article 15, Title 15: Water ❑ Article 17, Titles 7, 8: SPDES 0 Article 27,. Title 9; 6NYCRR 373: SUPPLY . Hazardous Waste. Management, 0 Article 19: Air Pollution 0 Article 15, Title. 15: Water Control 0 Article 34: Coastal: Erosion Transport Management 0 Article 23, Title 27: Mined Land. 0 Article 15, Title 15: Long Reclamation 0 Article 36: Floodplain Island Wells Management CI Article 24: Freshwater Wetlands 0 Article 15, Title 27: Wild, ❑ Articles 1, 3, 17, 19, 27,.37; Scenic and Recreational Rivers ■- Article 25: Tidal Wetlands. 6NYCRR'. 380: Radiation Control 0 Other - ther: PERNITISSUED TO TELE PHONE NUMBER Sandford Friemen - ADDRESS OF PERMITTEE. P.O. Box 968, Cutchogue, NY 11935. CONTACT PERSON FOR PERMITTED WORK TELEPHONES. NUMBER NAME AND ADDRESS'. OF PROJECT/FACILITY Frieman Property - Right Of Way off Harbor Rd., New Suffolk LOCATION OF PROJECT/FACILITY COUNTY. TOWN WATERCOURSE MYTH COORDINATES 'Suffolk Southold - DEM31MM CF aJrcRiz® xrIVITY Extend an existing (4' x 851) dock by 1001 withthe addition of a.(81 x 121) ramp and (& x 200) float. All work shall be in accordance with the .attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that thepermit 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. DEPUTY REGIONAL PERMIT ADMINISTRA- ADDRESS TOR: Roger Evans Bldg. 40, BURY, Roam 219, Stagy Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE August 9, 1994 Page 1 of 5 U / dl Nov York State Department of Environmental Coervatign Building 40 - S.II.N.Y, Stony Brook, New York 3;1790-230* Telephone (516) 444-0365 Facsimile (516) 444-0373 Sandford Frieman P.O. Box 968 Cutchogue, NY 11935 Dear Mr. Frieman: August 9, 1994 Langdon Marsh commissioner RE: 1-4798-60918/00001-0 In _conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR „Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed -is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, ti v MarilyW Peterson Environmental Analyst MEP:nw enclosure CLTQITICr5 Inspections 1. The permitted site or` facility , including -relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative of the Cepartrrent of EnvironTental Conservation (the Cepartrrent) to determine whether the permittee is carplying with this permit and the EGL. Such represen- tative rray order the v�ork suspended pursuant to ECL 71-0301 'and,S4PA 401(3). copy of this permit, including ail referenced reaps, dravings_and special conditions, rrust be avai labie for inspection by the Departrrent at alit tirres at the project site. Failure to produce a copy of the permit upon request by a Cepartn-ent representative is a violation of this permit. Permit Changes and _FleneneIs 2, The Depart -rent reserves the right torrodify, suspend or revoke ,this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula-, tions is found; b) the permit v+es obtained by misrepresentation or failure to disclose relevant facts; c) nerirrateriai information is discovered; or d) environmental conditions, relevant technology, or applicable lav or regulation have rraterialiy changed since the permit v%as issued. 3. The permittee rrust submit a separate written application to the Cepartrrent for renerel, modification or transfer of this permit. Such application rrust include any. fou -s, fees or supplerental information the Cepartrrent requires. Any renenal, rr-,dification or transfer granted by the Cepartrrent rrust be in writ Ing. 4. The permittee rrust suiinit a renenal application at least: a) 1 E dais before expiration of permits for State Pollutant Discharge Elimination SystEm (SAES), Fazardcus VAbste ybragersnt Facilities (Nl!4F), rrajorAir Pollution Control irPC) and SoiidVAaste NbnageMnt Facilities (Si IGF); and b) SO days before expiration of all other permit types. 5. Lhl-ess expressly provided for by the Cepartrrent, issuance of this permit does not rmdify, supersede or rescind any order or datermi nat ion perviously issued by, the Ceparta-ant oC any of the terry , conditions or require ynts ccritained in such order or determination. Other Legal Cb l i gat i cns of Perera ttee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all darages, direct or indirect, of whatever nature and by W,arever suffered, arising cut of the project described in this permit and has agreed to irde-mify and save harmless the Stats from suits, actions, d -rages and costs of every rare and description resulting frgn this project,. 7. This permit does not convey to the permittee any right to trespass upon the lards or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the irrpairn-ent of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. S. The, permittee is responsible for obtaining any other permits, approvals, lands, easerents and rights -of -v%ey that rray be required for this project. 5 pleted, the owners,: shall. without expense to .the State, and to such extent and in: such time'and manner astke Department of Environmental Conservation may require,: remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 10. That the State of New York shall in no case be liable: for anµ damage or injury. to the structure orwork herein authorized which may be caused. by or result from future operations undertaken by the State for the conservation or Improvement of navigation, or for other purposes, and. no claim or right to compensation shall accrue from any such damage. 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 w Coast Guard, New State Office of General Services or local government which may be required. 12. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, pants, concrete, leachate or any authorized has not. been comp et ; t e app Ii pe to the State, and to such extent and in such time and manner as the 'Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall: be made against the State of New York on account of any such removal or alteration.: 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 authorfzedby this permit must be in strict conformance with the approved plans submitted. by the applicant or his agent as part of the permit application. Such approved planswere prepared by $atldfOZd ;+•r3.H[IaE on 7/75(94 SPECIAL CONDITIONS I. Any debris or excess material from construction of this project shall be.completely removed from the -adjacent area (upland) and removed to an approved upland area for disposal. `No debris is permitted in tidal wetlands. 2. The storage of construction equipment ,and materials shall be confined to within the project work site and/or upland areas greater than linear feet distant from the tidal wetland boundary.' 3. There shall be no disturbance to vegetated tidal wetlands as a result of the permitted activity. 4. Dock or timber catwalk shall not be greater than 4 feet in width and be a minimum of 4 feet above grade* over vegetated tidal wetlands (* distance is measured from ground to bottom of dock sheathing). 5. Floats and ramps may not rest on vegetated tidal wetlands or on shoals and mudflats or any other submerged aquatic vegetation. -. 6. All repairs to docks shall be confined to replacement of existing structural elements with no change'in'design, dimension, or materials, unless specifically authorized " herein. PROGRAWFACILITY NUMBER Page 3 of 5 95-2"a (7/92)-25< ��q� ADDITIONAL: GENERAL CONDITIONS': FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part 608 (-.: T]Aa7 . Wet colds ) 9. That if future operationsby the State of New York require an al- other. environmentally deleterious materials associatedwith the teration in the position of the structure or work herein authorized, or project. if, in the. opinion of the. Department of Environmental Conservation 13. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruc4on to the free navigation of said shall be removed evenly, without' leaving. large refuse piles, ridges across waters orflood flows or endanger the health. safety or welfare of .the bed of a: waterway or floodplain or deep holes that may have a the people of. the State, or cause loss or destruction: of the natural. tendency to cause damage to navigable channels or to the banks of resources of the State, the owner may ordered `bythe Department to a waterway. remove or alter the structural work, obstructions, or hazards caused.. 14.. There shall be no unreasonable interference with navigation: by the work thereby without expense to the Staff!, and if, upon the expiration or - herein authorized, revocation of this permit, the structure, fill, excavation,or other modification of thewatercourse hereby authorized shall not be com- 15. If upon the expiration or revocation of this permit, the projecthereby 1ed h I' t shall without ex nse pleted, the owners,: shall. without expense to .the State, and to such extent and in: such time'and manner astke Department of Environmental Conservation may require,: remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 10. That the State of New York shall in no case be liable: for anµ damage or injury. to the structure orwork herein authorized which may be caused. by or result from future operations undertaken by the State for the conservation or Improvement of navigation, or for other purposes, and. no claim or right to compensation shall accrue from any such damage. 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 w Coast Guard, New State Office of General Services or local government which may be required. 12. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, pants, concrete, leachate or any authorized has not. been comp et ; t e app Ii pe to the State, and to such extent and in such time and manner as the 'Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall: be made against the State of New York on account of any such removal or alteration.: 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 authorfzedby this permit must be in strict conformance with the approved plans submitted. by the applicant or his agent as part of the permit application. Such approved planswere prepared by $atldfOZd ;+•r3.H[IaE on 7/75(94 SPECIAL CONDITIONS I. Any debris or excess material from construction of this project shall be.completely removed from the -adjacent area (upland) and removed to an approved upland area for disposal. `No debris is permitted in tidal wetlands. 2. The storage of construction equipment ,and materials shall be confined to within the project work site and/or upland areas greater than linear feet distant from the tidal wetland boundary.' 3. There shall be no disturbance to vegetated tidal wetlands as a result of the permitted activity. 4. Dock or timber catwalk shall not be greater than 4 feet in width and be a minimum of 4 feet above grade* over vegetated tidal wetlands (* distance is measured from ground to bottom of dock sheathing). 5. Floats and ramps may not rest on vegetated tidal wetlands or on shoals and mudflats or any other submerged aquatic vegetation. -. 6. All repairs to docks shall be confined to replacement of existing structural elements with no change'in'design, dimension, or materials, unless specifically authorized " herein. PROGRAWFACILITY NUMBER Page 3 of 5 95 -20 -6f(,7187) -25t NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 25 Tidal Wetlands For Article 7. No permanent structures may be built on dock without first obtaining; Department approval. 8. Docks may not (a); extend laterally beyond property lines, (b) be placed so that docked boats extend over adjacent property line, (c) interfere with navigation, (d) interfere with otherlandownersriparian rights. 9. No dredged or filling is authorized. Supplementary Special Conditions (A) thru (F) attached. DEC PERMIT NUMBER 1-4738-00918/00001-0 FACILITY ID NUMBER PROGRAM NUMBER Page 4 of 5 . ) s.ae✓ SUPPLEMENTARY SPECIAL CONDITIONS The Following Conditions Apply To All TIDAL WETLANDS; FRESHWATER WETLANDS; COASTAL EROSION MANAGEMENT; and WILD, SCENIC, and RECREATIONAL RIVERS PERMITS; A.' A copy of this permit, including all conditions, and approved plans, shall be available at the project site whenever authorizedwork 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 been completed. B. The; permittee shall require that 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 5` permit, umless authorized in writing, shall be treated as a violation of the Environmental Conservation Law, If any of the permit ;ton d3.tons are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on �. page one or telephone (515) 444-0365. C. If project design modifications become necessary after " permit issuance, the permittee shall submit the appropriate �gr plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. p i The permittee,is advised that substantial modification may require submission of a new application for permit. D. At least 48 hours „prior to commencement of the project, the permittee -and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of 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. E. 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 recommencing work in subsequent years F. The granting of this permit 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 encroachment upon State-owned lands underwater'. DEC Permit No. 1-4738-00918/00001-0 Page 5 of 5 IWO, g-T INK 2,N W, -w Ak M- AW William D. Moore Patricia C. Moore MOORE & MOORE Attomeys at Law 315 Westphalia Road P.O. Box 23 Mattituek, New York 11952 Tel: (516) 298-5674 Fax (516) 298-5664 BY FACSIMILE WITH HARD COPY TO, FOLLOW Albert J. Krupski, President Board of Town Trustees Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Margaret Rutkowski Secretary September 16, 1994 Re: Sandford Friemann SCTM # 1000-117-3-8.4 Permit # 4315 Dear Mr. Krupski, President Board of Trustees:. In 'confirmation of our conversation with your office staff members, we ask that you schedule us for an appointment on your work session agenda of September 29, 1994- to discuss the above referenced permit and modifications of the permit conditions. Thank you for your cooperation in this matter. Ver yours, atricia C. Moore ECM/mr Rl �th d N l/ f T.A 0 p New York State Department of Environmental Conservation Building 40—SUNY; Stony Brook, New York 11790-2356 py I< SUPE 'igByiSO.RS UWii n/ p Thomas C. Jorling r ¢ 11 j Commissioner uLl i p 5 1994 U Notice TOWN OF SOUTHOLD, As required by law, the Department of Environmental Conservation is hereby providing you with notice of an alleged violation of the Environmental Conservation Law which occurred' within your municipality. THIS NOTICE DOES NOT REOURE ANY RESPONSE OR ACTION BY YOU. Please be advised that the Department has sufficient evidence to commence an enforcement action against for a violation of Article(s) 25 and/or 15 of the En�mal Conservation Law of the State Of New York. NOTICE PROVIDED TO: Name: The Honorable Thomas Wickham Address: Supervisor Town of Southold Main Road Southold NY 11971 NOTICE PROVIDED BY: Name: Louis A. Chiarella Title: Regional Manager - Bureau of Marine Habitat Protection Date: s bew York Building 40— Notice of Violation Date: May 12, 1994 Thomas C. Jorling Commissioner Addresse: Sanford and Elizabeth Friemann Box 968 Cutchogue, NY 11935 Date of Violation: On or before May 11, 1994 Location of Violation: R.O.W. off Old Harbor Rd., New Suffolk Tax Map TID° 1000-117-3-8.4 Permit # (if applicable): 1-4738-00775/00001-0 Dear : Mr. and Mrs. Friemann Records of this Department indicate that you are in violation of the Environmental Conservation Law (ECL): u Article 15, Protection of Waters Section 0505.1 6NYCRR 608 — Article 15, Wild, Scenic and Recreational Rivers Act Section 6NYCRR u Article 23, Mined Land Reclamation Law Section 6NYCRR Article 24, Freshwater Wetlands Act Section 6NYCRR F -X, LX -J Article 25. Tidal Wetlands Act Section 0401.1 6NYCRR 661 u Article 19, Air Pollution Control Act (Restricted Burning) Section 6NYCRR In thato�u allegedly caused. or permitted to be caused: the demolition of an older, pile supported beach cabana, the installation of a new cabana structure, and the installation of anew deck seaward of the bulkhead. All activities were conducted in the adjacent area to a tidal wetland and allegedly without benefit of DEC permits. Contraventionof this/these Article(s) of the ECL is a violation and/or a misdemeanor punishable by a fine of no more than $10-15,000/a day. Penalties may be assessed foreachday that the violation continues. Please be further advisedthat violations of the ECL which are not resolved may be the subject of an administrative hearing pursuant to Title 6 of the Official Compilation; of Codes; Rules & Regulations of the Stateof New York (6NYCRR; Part622). You are hereby advised to cease your operation at the referenced location immediately. Please contact the following office within thirty (30) days of receipt of this letter; so that we may attempt to resolve this matter. Failure to contact this office within this time period will result in this matter being referred to the Department's Regional Attorney for further enforcement action. To schedule an appointment for a compliance conference in this matter, please contact Ms. Kay Worker at (516) 444-0295: 'Office of Legal Affairs Attn: Kathleen Shea Assistant Regional Attorney Very truly yours, Charles T. Hamilton Regional Supervisor of Natural Resources Stony Brook cc: Regional Attorney Dr. Christopher S. Mabe.}, ACOE ECO Enright, Law Enforcement Marilyn Peterson, DRA K. Du Bois, BMHP Certified Mail # ped & `�a 93 NOV# 94KD80 ✓ DEPARTMENT OF THE ARMY` NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K, DAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 RE�y* March 2, 1994 ♦TTENTION Oi Eastern Permits Section SUBJECT: Application Number 94-01420-L2 by Sandford Friemann To Whom It May Concern: The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorizes_ the following activity: { APPLICANT: Sandford Friemann P.O. Box 968 MAR I - 1994 CutchogueNY 11939 f,2uSl��� JS ACTIVITY: Extend an existing four foot w J zj'X � a __ 100 feet and install a 3 --foot b oot ramp, an I 8 foot by 20 foot float'and two dolphins.- The purpose of this project is to provide adequate mooring for the applicant's vessel. WATERWAY: Cutchogue Harbor, Great Peconic,Bay LOCATION: New Suffolk, Town of Southold, Suffolk County, NY As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United'- States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the, enclosed drawings is requested. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as. amended (16 U.S.C. 1465 (c)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To.allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. , ��A I Sincerely, `VaDJ f 1 fig y. I Enclosure ! !L✓ ZY, a es W. Haggerty C1 of, Eastern Permits section R U n W 1nj D LS U 7 8'x 2D' Float doAt's ®!/IOfPY' CIC�J/A-at MLw Com- Dolphin � �, . Fx;sf,,, y l) 3s or -: PP 25' Do/phirl5 � 25 CO iCH U C U F• 4'xloo' / /%op%7arl)Or- Do c l'1 ,3-5,1 a� S'uf folk fed J �ICrnGra..1' ��1sQ t1ct Sit ons Aj1a lcna�2o._gn _3Cpn J fi� yCq%' ir! fye'�e�" c l,cl ! / �, Y—,bn r d, lLIL-'ul �c/FTr�ck 3OFFOLK L'O!_,JVT)Y --NrW V,)OV.- r , Sv�fa�Y Cd �lD4v�/l7-3-8.4 p l ! BeoCh i 1 3 0< cz) s rucF'!/n 0c/r1['71ns) A� .�e`y i 25 Pxach M exrsz`!r/ry �JDC,A,- /00,YX, �.1 Y aeric! an P x 2D'�/Dc1�` And _a 8uW6h66d Hose N 3'X 1,2 ` PEalwp - 2- TiP off fF SOY POi3i up/ond. pp 9 da/�dhMs.'Tv roQi a s172 all fi l-st shoal n>r%r forials, / FR/rnt)ANfly N� L.I. N-Y.�: ,.; �.C.TZ©£�l /":=40'..4 J. H. GEIDEMAN` i 3k 1e,JPA nrP P� .N1fr121U!! rrrn Iz2a Yfl2i 1193 a—ff NEW 10 - beach...... _......... ... . ... :: ...... . r ' NY Y. State Lic. Land Surve�ror No evtftaq 0 I MSW Date P' [•tote -Dock. 4'/✓lin, adrr M:N,G+J• Fi/Ir p) - —----�-�_�'� , k ✓ 5k7j3Fi LC— STATE OF NEW YORK DEPARTMENT OF STATE - ALBANY. N.Y. 1223.1-0001 GAIL S. SHAFFER 1 (2 p SECRETARY OF STATE ` _f 5 `_n ` U 1 February 18, 1994 Mr. John H. Geideman P.O. Box 416 East Marion, N.Y. 11939 Re: F-94-063 U.S. Army Corps of Engineers/NY District Permit Application Sandford Friemarm Town of Southold Request for Additional Information j Dear Mr. Geideman: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Please provide a response to the following questions and requests concerning the proposed 125 foot dock extension within State designated shoals/mudflats tidal wetland and immediately adjacent to Cutchogue Harbor State Significant Coastal Fish & Wildlife Habitat: 1) Submit photographs indicating existing conditions, including the 85 foot catwalk/dock and any similar structures located to the immediate north and south; 2) Is pedestrian access along the beach interrupted by your existing catwalk/dock or neighboring structures? Evaluate whether stairs or a ramp, attached to the sides of your catwalk, would be appropriate as a means to afford public lateral access along the intertidal area. j F Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-6000 if you have any questions. Sincerely, Kevin D. Vienneau Coastal Resources Specialist KDV/jtb cc: COE/NY District Sophie Ettinger NYS DEC/Region 1 - David DeRidder Town of Southold - Valerie Scopaz ___.. _ _ _.:..: mac- ..._. a•-� _. ,. _.... a N " CO p9 MAP OF PiQOPIC-QTY OW x ul Sv ZVEYED _ FOR W 101t; 1 MEyvr SUFFOLV i T,J b C bL 1\ H k F F •1t \ er o #or v A,ZEA=!4;948S:F.�o.�SgAC.} ` O. TLE tine) \ SU FF. CC, TAX MAP DA7A1I300-117-3-&A. �UAWNTH_I) TO 72W. TITLE lf-6UQApWCE O?i N.Y. ENG.; APEI25-ASSTeACT• SAND --4M H d EL IZA5STH M. FQIO-�N sf.)Q 'EYE MA2, 9 ,1993 %ODEi ?C; . VAN "JYL, FC, E rr, C n , T 1 G� M C o >0-0 t rn O 2 e Z, rp a o; a � i 3 0) i a m u:ar J� —026 -L,Nvz j i dt�•,� 3QiM Ol a o• rf a j x Z f 7S ig ko b doj-"V79 y , � 53331: E- .. L'm: 2-:Tlri90-A -- , +� r 2-:Tlri90-A -- , New York State Department ofEnvironmental Conservation BuiidinjgQ SL%YiStlogX9Brook, New York 11790-2356 Thomas C. nerling Commissioner' Date: �'L7J Re: %_`l%3d-GaiiSJlG��u/ . .Dear %li,-, ,! Based on the information you have submitted, the New York State Department of Environmental Coco tion has determined that: Tk &1� Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, 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 within Tidal Wetlands jurisdiction which may result. from, your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) r or erecting a temporary fence, barrier, or hay bale berm. 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, C-IDeputy Regional P41 it Admina.strator �J min�eA on.ecciea PaM i?* TRUSTEES �'�3 SUPERVISOR John M. Bredemeyer, III; President G� ,� :. � SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President Henry P. Smith' a. " Town Hall John B. Tuthill 53095 Main Road William G. Albertson � j �� P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES S TOWN OF SOUTHOLD �19Y' COASTAL EROSION MANAGEMENT PERMIT APPLICATION ✓. TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION Coastal Erosion Permit Application - etland Permit Application Waiver from Chapter" 97 Trustee Lands Permit Application Grandfather ,%Completed Apps. Date: �AC comments -Date: Sent Rec. Variance Required:, iJr Neighbors notified Date: SEQRA Type Coord. Review-opt,mand. D jelnsp. comp. /date:*L-/7a q y SEQRA Determin./date: Public Hearing/date:5"'6"9N Findings: Permit Vote: (YIN): Special Conditions: (also see file) ApplicationNumber; SCTM #1000- 11~7,3 -$•!j Project Name (If any) Date Prepared: i l Applicant:f 1.� , 4-.ej& ..t n - Address: (• ( 1L 1416 i % MAx<cwt1 Phone Interest: (owner, consultant, lessee,. etc.)-G9tL`tc Owner. of Property: 2�OrA. �cC;z�rioiti _)3ig4g1(/ 6g1A_j+ Address Phone ( ) Subject Property Location: old (Provide LILCO Pole #, Distance to cross Streets if not on location map) mcrTc Tr..,l,R:x. ,-,�.,w.r•,. Page 1... Yds. to be excavated: ? Yds. to be filled: Manner in which material will be removed or deposited: Width of canal, creek or bay frpnting property: %rn� Depth at low tide: Aver. rise in tides Distance to nearest channel_:. _5100 Distance project extends beyond similar projects inarea: Area zoning: . Land area in acres: y Is project for private or business use: Intended use of property: �rsr/a Describe known prior operations conducted on premises: Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: Has any license or permit ever been revoked or suspended by a Governmental Agency: Project Description The project description must also.include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (i.e., pipeline and septic system; make additional attachments if necessary). loo'- 5haaZS�p 17,2%s tr/ay'er aeolh less ;,Lhca» /I tz rr/��ia La�a� /te r 6( he" -510 r/ /s -?ah& P'fss/ ° fe /yiepr� a 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 Coastal Erosion permits) from the Southold Town Trustees Signature THIS IS NOT A PERMIT Page 2 County of Suffolk ) State of New York ) BEING DULY SWORN DEPOSES AND FFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED' PERMITS) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT 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 IF GRANTED., IN COMPLETING THIS APPLICATION, THEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(s,}, TO ENTER ONTO_MY PROPERTY TO INSPECT` THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS' APPLICATION. /0, SIGNATURE SWORN TO BEFORE ME THIS DAY O . ,19 /,-/NO74RY PUBLIC JOYCE NL IMLKFNS Notary Public, Stated Now York No. 4952246. Suffolk Term ExPiresJur*1Z Suggested space for location Map THIS IS NOT A PERMIT Page 3 1&'66 f2l"—Text 12 Y . • PROJECT 1.D. NUMBER Appendix C State Environmental Quality Review SHORTENVIRONMENTAL ASSESSMENT FORM " For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEOF 1. APPLICANT /SPONSOR �CCNR �ifCa/1lQll/i 2. PROJECT NAME _ �'OPGI �'/�fL�f�%l�P� l� i� �fl���f/t .. 3. PROJECT LOCATION: �/B Y' /y- Municipality / lle"I County. 4.. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) CA '.5. IS PROPOSED ACTION: f New. ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7'7�? 19fr'-Vt,�7�ri�. 7. AMOUNT OF LAND AFFECTED: ,,,, // pp % D a 7o"j Initially /V L� acres Ultimately acres S. WIILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9yes ONO If No; describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? qI Pesidential ❑?ndustrlal El Commercial OAgriculture O ParklForestlOpen space O other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR. ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)?- t� Oyes ON. It yes, list agency($) and permit/approvals �Cl 14 o/c 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Nes. WNo- It yes, list agency name and permit/approval '12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? '. ❑Yes ON, I CERTIFY THAT THE. INFORMATION PROVIDED: ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/5pon5or name: .f?C✓%lfE'P�?G/Jy/d!?�'%' Date: f {� Signature: If the action is in the Coastal Area, and you area state agency, complete the Coastal Assessment Form before proceeding with this assessment �r+L l`i j ", coil Dsctco Dy Aljency) A. DOES ACTION. EXCEED ANY TYPE=�RRESHOLD IN 6 NYCRR, PART 617.72? ' It yes, co �1310 the review process and use. the FULL MF: El Yes El No ' S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVLDED FOR -UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No. a negative declaration may be superseded by another involved agency. E3 Yes 0 N C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS. ASSOCIATED WITH THEfOLLOWING: (Answersmay be handwritten, it legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. Cd. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain c C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Longterm, short term, cumulative, or other effects not identified in GI -CS? Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE'. ENVIRONMENTAL IMPACTS? '❑ Yes ❑ No If Yes, explain briefly 1HnI III—ucIan III HY.MI1l " yr ow.lI.flu Liu uurllpieteu'-py Agencyf. INSTRUCTIONS: For each adverse effect identified above; determine whether it is substantial, large, important orotherwisesignificant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b). probability of occurring; (c) duration: (d) htcversibility;.(of geographic scope; and (f) magnitude. it necessary, addattachments or reference supporting materials. Ensure that explanations containsufficient detail. to show that ail relevant adverse impacts have been identified and. adequately addressed; ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY: . occur. Then proceed directly to the FULL EAF and/or prepare -a positive declaration. ❑ .Check this box if you have determined, based on the information and analysis above and any supporting documentation. that the proposed. action WILL NOT result in any significant adverse environmental impacts AND .provide onattachments as necessary, the reasons supporting this determination: NamciV lceJ ASrncY Yr nl W IYVr N OI Hc�UunS,Ule UIIKer m 4�JJ AFenCY 1HnJ1ulP W ReSpom,ble UIU[er In ,Leel Agrn<y. fide ul nespom W¢ Unirrr I $Ixneture or I'a•parer Ilf J�rtercnr Irom ♦r+vumrme on,c erl JOHN H. GEIDEMAN Consultirig Engineer P.O. Box 416 E. Marion, L. 1. (516) 477-2421 New York 11939 a To Whom It May Concern) I, J , IeiyqCf/2n authorize =:John )I, Geideman to act, as my agent in app*ng for permits to construct a —c -lo Ck on my property at OW 17 ijpAig 2Ci ^Iel3J jIrro/r. Signed: s✓�;�=_ wIle r Irrcluding:YN,Y.S Dept, of Gnvironrwntal Coriservatlon XU. S. Arm't Corps of Engineers X `Down of SyUTFff3e ?� 44 1J-Y.90/e Z;c. L.Ond Svrveyoe �- x,.�--..� Fill <' E v22s'-.°°.3#ec4u`t': a°a o yg Aa YsA j 1 aW __� �.• }".n n f � si r _ I � 4P\THWOHL y. Ib�• _n€ :f f. •t _ o a cF. _ y e . a A y euxxr � Ea iwa o F L Z. R 1 al \ Wl: XEW O. FIFTH aT wKG, O `f HM Y ^ 4 1 1 y i / S Y �inll * r 1 � a 1' g FOUXTH. i•� ( / '" Eya m [' Ere it 1en E V O IGrya� Y A� � E �•.� 8 [ +::ST Pi m'im t lif�lp \\ ir.— } s �•Nki ..r iFTZ Is a lj ' ..a m O 0 I �X T R m F5 r � o n LU LL j LL LU LL N N t S �; w' vl ill 1 i 7 w j_ w r. `li j 7 d�O CI Z) i ¢I 0.� I'� I _ N -+, e J '/<'M'O'Z!Ol •, m� �- J,bM J� �1H917J"----pl� __ O . w