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HomeMy WebLinkAboutTR-10994 zrx- Glenn Goldsmith,President QSUFFO(,�c0 Town Hall Annex A.Nicholas Krupski,Vice President may` �y��� 54375 Route 25 Eric Sepenoski y P.O. Box 1179 Ze Liz Gillooly ' Southold,NY 11971 Joseph Finora Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction Y2 constructed X Project complete, compliance inspection ' vybPP P9`0'j�, .v'��.,•,!'RO r'Pr9p �'f:, r:' d,P°P�9°ey .. 3;- -d+OrP p�e,e.,:..,, wx.-' ay9di 9 Opp•`''J;r �.:,Q i P 1. 'B PPp ,o°gRli OB/B a•,; -- ,.°q 94 4 /Fp ..:, s S p 98B e a q0a °iG °vy: 89 1PB`/ I P V° 4 .+� a°/P' OB i°p BOARD OF SOUTHOLD TOWN TRUSTEES P,P,Pp SOUTHOLD, NEW YORK ®/ d PERMIT NO. 10994 DATE: JULY 15, 2026 �r A ISSUED TO: FRANCIS J. KELLY & ELIZABETH G. KELLY jP• " r a PROPERTY ADDRESS: 1900 GREAT PECONIC BAY BOULEVARD, LAUREL 1 ' SCTM# 1000-145-4-3 AUTHORIZATION a r . Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in }� accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 15,2026, and in 4a ..d consideration of application fee in the sum of$2,500.00 paid by Francis&Elizabeth Kelly and subject to the Terms and Conditions as stated in the Resolution the Southold Town Board of Trustees authorizes and permits e, the following: R��' K ,9'bl51 Wetland Permit the as-built 10'x18' floating deck against bulkhead, as-bult 81x10'x8' high storage shed; and as depicted on the site plan prepared by Francis J. Kelly, x received on July 27, 2026, and stamped approved on August 2, 2026. �f K 9daeYdP � BylRnab y:` ;.. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, I and these resents to be subscribed b a majority of the said Board as of the day and year written above. �- p Y j n' Y Y r�a' d�boo � sloB�: �r- ''PR10 y � �' 6 P0P •r ip 41 vY ka b Y_ P bfi• ' tc -& .p�be ::� ,IP�# uI 90y��r.R.^lyS O- ..::� '�fi. .r�e�,0fib j.,t .aBrAr�i� x<{ 3'kv �:�t'•:ev0"5b R �'.�!�:.�yi�m4:s9 :e �, �e�d�B���/PO�Yb,rr,�e�t 'm...4 ,. �ors. -._ :;u•_: ...._. - rr` - - ..- ' ,r,:.�".- TERMS AND CONDITIONS The Permittee Francis& Elizabeth Kelly, 1900 Great Peconic Bay Boulevard, Laurel,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 36 months,which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board prior to expiration. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. A permit issued for work not including a demolition as per the definition in the Town Code, but subsequent to issuance,the work results in a demolition,the permit is voided and a new application must be submitted. 6. That there will be no unreasonable interference with navigation as a result of the work . herein authorized. 7. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 8. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 11. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. OLVONOS SNpM(QREON ARE BAS,EOON vem une PwE oloa SYMBOL LEGEND a `APPROVED u mraNl p , ( 3 _�. .r S�0ARDE OF ' r. / 1 11 `TOV10 ""OF Sou rr LD .T llvn(r'�CI eMY»\pa■rEtl l'� .•-p-. f K�!+ii rC.Ci:Sra) •1C v�'(a vV.j - -_ --•- [,<. ..\1;w4:E,l, :,:tjllM..:.,..� ®ATE A ^t-j ru[+rc+.vr °c ttaasslo w•a I,t°••' ® ONC55 CV: COl St.u.l..w 4+[ u i'a4 on DN\n( t X 1900-PECONIC BAY BOULEV • ro . N69. 9'00a'E 109.49 a(ACTU,AL) Pw _ tau Cr v.•s»ENT —_——--— — OLF 1•.o.e. n.»c =ar f ao.r ib�9t') N. ♦ 4�� •I.CCD it \ slai;,E *Ap I I A Q CPS\S'.OF:KA.I \ / V�• i \ / ' \gyp, oY �• � \ ® rA.r tor atFLF ti / \ O (n Q 00 0 0 �, 6lt FAX W ;, ' (A) Storage Shed �' o "° 8'x10'x8' h N O IV �a�l CD CD CD �x :i t,f/ ' •'� (C) Deck 101 81 floating deck DEED) S62'06a0Fw ACTUAL) S85'1p Z9.00` GRAPHIC SCALE to IR to � LOT AREA w , Brushes Creek Marina Project 0.19= AC ! inch - 20 (L �(,OF NE 01E�� SCALICE SURVEY y'� �9� OF PROPERTY ' a land surveying SITUATE m slandsurve com LAUREL, TOWN OF SOUTHOLD Y P:631-957-2400 SUFOOLK COUNTY, NEW YORK OR.:YC CREW.;JT SCALE: 1' - 20' tgNOs TAX MAP NO DATE SURVEYED:09/16/2021 JOB No.S21-2735 1000-1/500-0400-003000 mown .—r'rw.rw..u,r..v..M.r.�•VrY+.ro.�wwy�.,.r,.��o.�r.,r r.wrw.. O.N+..Wu+t.ur.�r•l a�w.�'n��..,•• N»Y,Yr.1N 1nWM i4R.rV Vud�T.r J.,�arWr Wr r,•,ti OnrrA�..i VaML M•f,6w ya�Yrb.�vi„oaoa[rlr r.rr,•ryr�.Vw�r,ti•-.,-wary rr�r/Irrn�f.w\.n warty,�pAarr°q.IgiOr+:�ra•„1*II•M t�arO..:ura.r»F:r.,V,�IVYAT wr r'a,wne n.+w yV yr�:Alw�r/1•aoO rV a.`qp Wa�.w y.yaao .~'twn~Wn�i'i�ri a'�n a�i�.�,�j��jar.+a�0a•wa wa.++1+a.r M»rw�V Mw lal�»I uw M +�:Ao w.ww Ira.r�r.rr!ltl�a na.r 1�w.r w wr.a 1,w.r.r�w�+.r.�.r Glenn Goldsmith,President ®F S0 Town Hall Annex 54375 Route 25 Nicholas Krupski,Vice President ®� ®l® P.O. Box 1179 Eric Sepenoski l J Southold, New York 11971 Liz Gillooly Telephone(631) 765-1892 Joseph Finora � �� Fax(631) 765-6641 C®UN% BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 3, 2026 Francis J. & Elizabeth G. Kelly 12 Bayview Avenue East Islip, NY 11730 RE: FRANCIS J. KELLY & ELIZABETH G. KELLY 1900 GREAT PECONIC BAY BOULEVARD, LAUREL SCTM# 1000-145-4-3 Dear Mr. & Mrs. Kelly: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 15, 2026 regarding the above matter: WHEREAS, FRANCIS J. KELLY & ELIZABETH G. KELLY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 7, 2026, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and-, WHEREAS, the Board of Trustees has furthered Policy 4.1, 6.2 & 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: striking the as-built RV storage and parking and/or 28-foot-long office trailer from the application, as Chapter 275 does not address such structures; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 15, 2026, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 WHEREAS, the project complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project.as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVE the application of FRANCIS J. KELLY & ELIZABETH G. KELLY for the as-built 1 0'x1 8' floating deck against bulkhead, as-bult 8'x10'x8' high storage shed; and as depicted on the site plan prepared by Francis J. Kelly, received on July 27, 2026, and stamped approved on August 5, 2026. Permit to construct and complete project will expire three years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, VA Glenn Goldsmith President, Board of Trustees SOUTHOLD . R.us T TEES No. I 0°la1 y Issued T Date = 190o Pecon:c. scam Bled ,Address. L4urel .THIS. NOTICE MUST BE DISPLAYED DURING CONSTRUCTION .TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 Board of Town Southold Trustees 7-22-2026 P.O. Box 1179 Southold N.Y 11971 Brushes Creek Marina Inc JUL 2 7 2026 1900 Peconic Bay Blvd. Vu �}3t �7}= Laurel N.Y.11948 ,i, k � r Southold Town :�.F4.;.;Ip; �iiJJ,l ;s Board of Trustees Dear Trustees of Southold I sent revised site plan minus B the accessory use of structure and enclosed $50.00 check. The property is Brushes Creek Marina, located at 1900 Peconic Bay Boulevard, Laurel, New York, SCTM #1000-145-4-3. Thank you! Francis J. Kelly Hobson, Thomas From: Cantrell, Elizabeth Sent: Thursday,July 16, 2026 10:46 AM To: 'frank kelly'; 'April-Leigh Horn' Cc: Hobson, Thomas Subject: Revised Project Plans needed Good Morning, Last night the Board of Trustees approved a portion of your application. In order for you to receive a Wetland Permit, there are a couple of things you must submit to this office at your earliest convenience. The first item needed are two updated copies of revised plans that do not show Area "B" on the plan, as well as taking out the verbiage "(B) Office Trailer" on that plan. The deck and shed were approved so please keep the image and verbiage on your plan. Please mail two updated plans to this office so that the office can write up your Wetland Permit for the deck and shed. The second item is that there is a $50.00 final inspection fee that is due prior to the issuance of your Wetland Permit. Please make the check payable to:Town of Southold. You are welcome to mail that fee along with your revised plans. Thank you. ECiza6eth Cantreff Administrative Assistant Town of Southold Board of Trustees Phone: (631) 765-1892 Fax: (631) 765-6641 i Glenn Goldsmith,President o��S�FFO(�cOG Town Hall Annex A.Nicholas Krupski,Vice President y< 54375 Route 25 0 Eric Sepenoski W ? P.O. Box 1179 Liz Gillooly �y • o!� Southold,NY 11971 Joseph Finora lr '1a Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: 7/9,/ZZ Completed infield by: C. Qjoism-44 FRANCIS J. KELLY & ELIZABETH G. KELLY request a Wetland Permit for the as- built 10'x18' floating deck against bulkhead, as-bult 8'x10'x8' high storage shed, and as- built RV storage and parking and/or 28-foot-long office trailer. Located: 1900 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-145-4-3 Type.of area to be impacted: ./Saltwater Wetland Freshwater Wetland Sound + Bay Part of Town Code proposed work falls under: ✓Chapt. 275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Z_ Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: - 4',:Sa�i-.wed der-V ; 4 ara ax= ; + © TT s le Present Were: / G. G dsmith /"'N. Krwski ✓ E. Sepenoski L. Gillooly ✓ J. Finora BEARINGS SNO"HEREON ARE BASED ON uBER Ime PAGE 07S3 SYMBOL LEGEND .Y'L L01 CL(vAr1-.S M r,A0:NL0 • aOl1 A>D C',MN( 0 EL[CIwC.00 C4ir CwV'-#CfR -r W-111,IM A III MC,S K10 iE VOICE uJ,Par O-Mt-uEIE> As uAy�14V W CAS VALVE PIA' oLA•roRu >It rCVCC(PLC) wA- NN NVDok'ELL -� 510C.AOE TCs[E(SM) x (R V4K Bp.a,—00. —P— CNNN L%x rmi:,mr)0/4 cVERV We CA C(LCAR EN14AwtC YYYI WE r(NC( R/0-W M" �Fj}11 y !1>(NIO>NI: O.0 DC>RESSED WRa 0#/c LINT ® CROSS 0 GOt aIPIL.V CN L•< A SW' OA D.LUE 1900-PECONIC BAY BOULEVARD _ 107'.00'(DEED) N69.29'00"E 109.49'(ACTUAL) HR ___ rJu or P.•A-ENT_ ——————— — OAA PVC HE71 —_..—..�._. —ev 6"cn4.v --- r1.e's} —v— CIF I iae•1 G,,k FEN .i,Afa RA,t —0 4�' 0.�•t-► 42��+ I Owtt r% RYP Nc�Pii ray ''c F•' CLF RYP} —EDv4 C�iv,'[4 P.O.B. PAN[ 'k d0.0' REj R.M> STORACC 9iN / 0 GRAVE:DRIvEAr \ A. 4f � "I ao I S r /Job �Y iN L07 2 ,LT fAT 21 r CLa . °< p `.✓ W ,aw7 41 .7 s� Cn C� o TAI ; (A) Storage Shed boo 8'x10'x8' h N �� ;/ (B) Office Trailer 28' PVC FEN Zr (C) Deck 101 X181 W. AN - - floating deck S6r06'00"� ACTUAL) 365-14'2 9,00' P/O F.Y 3 GRAPHIC SCALE m 10 Eo LOT AREA D1 F, , Brushes Creek Marina Project 8•3831 SF. 0.191 AC l inch 20fL LEA SCALICE Alr P o SURVEY OF PROPERTY p�0 LEAP 7'1'G,y 9¢ ' land surveying SITUATE pp LAUREL, TOWN OF SOUTHOLD mjslondsurvey.com P:631-957-2400 SUFOOLK COUNTY, NEW YORK 050736•� OR,= CREW.:JT SCALE: 1' = 20' TAX MAP NO DATE SURVEYED.09/16/2021 JOB No.S21-273D l000—u500-0400-003000 Naw�'iw.w y i tir H Y tii��> Nw OWw W NI 0,.��.ww.#IMhLV mwrt,�+M'Y y aa.lc--V o:W'al wnw w+e wY Oaeain��n—Iw'I��wia�.,fw�M'n at Y��d Inn4.M ut�nsv�'���Y..�rMv�wwi''�.iW�1,�1:Y�Y I WIC ./41�ifw"1�%�Y o.S+l a wl wr.wtr.O TI��Yo{wP. •Y. Om+.Ywr r w.Ww•, iwi M v Wnba�..wm.mrr an>.+#rwi sw'„I♦.N s M,w�Df�wa.vM, way la i.se•w�'�•~,Ir+wnwo 0 on s r yn W w�.3.Ie i m.--qsy^la�y�; M ww.�Wt,��w ON wia.l wo w�-epn�I rw+�w r wew � Law Office of April-Leigh Horn 587 MONTUAK HWY, EAST MORICHES, NY 11940 (631)479-3420- hornLaw2000@gmaiL.com April 27, 2026 E C E n� E Southold Town Hall Annex ® V 54375 Main Rd. P.O. Box 1179 MAY 7 2026- Southold,NY 11971 F ., Southold Town Board of Trustees Dear Trustees Please find an application(two) for the property you are familiar with at 1900 Peconic Bay Blvd. It is the intention of this property owner to comply with the applicable rules and regulations, It is a bit ironic that after all this time and litigation, that the Supreme Court and the Town of Southold has come to agree that the path the Trustees and the owners of the property stated out on many years ago was and is the correct one. (Exhibit No. 3) However, be assured that in the event of disagreement or complaints or something else unforeseen this office on instructions from the owners is committed to "working it out." Essentially,the biggest stumbling block was the placement of RVs and similar on the property has been resolved with the simple requirement that a parking is lot is a parking lot and the DMV is the authority having jurisdiction, If a conveyance is regulated by the DMV that is the final word. (Exhibit No.1,page 43, and Exhibit No. 2) A shed, at least, we are looking for is there and was permitted earlier with the fence approval, but that was overlooked in the Supreme Court case since it was not raised by the town. We have included the NPS Marina Standards as a guidepost for what the owners may consider in the short, medium, and long term. (Exhibit No. 4) The Trustee Pre Submission, a survey of job site trailer and other structures. NYS DEC Letter for trustee file and aerial image and other information. (Exhibit NO. 5) Note: This office notes that many jurisdictions seem confused as to what is a structure, the town illustrated this during the recent court proceedings. Simply put almost anything can be a structure, but not every structure is covered by the NYS Uniform Fire Prevention and Building Code. This is not something that a township or any government body other than the state can definitively answer,for example, a swing-set is a structure but not covered by the Code. This office has made extensive use of the NYS field representative and the Code Board of Appeals for interpretations, variances and alternatives to the Code and would be glad to facilitate such services if it becomes necessary. Law Office of April-Leigh Horn 587 MONTUAK HWY, EAST MORICHES, NY 11940 (631)479-3420 - hornLaw2000@gmaii.com The above perfectly illustrates what follows, a set of semi-portable railing and stairs. While necessary for the owners'physical limitations, it is something no marina should be without, and we would look to have this on site. (Exhibit No. 6) The installation of the detached deck might also be considered a structure not covered by the code. If there is anything lacking or confusing,please feel free to contact this office. Sincerely, - 611 A ril-Leig orn (631)800-4917 cell alhornlaw.com p E6 D W El MAY - 7 2026 r Southold Town t_:"I Board of Trustees PETITIONER'S EXHIBIT NYS transcripts Judge Hackeling on record p E C EE WE MAY - 7 2026Jul Southold Town rr Board of Trustees 31 1 MS . HORN : Yes . 2 THE COURT : The Court has conducted 3 a trial of the issues raised under the 4 Verified Complaint filed under Index 5 No . 606203 of 2025, Town of Southold, 6 plaintiff, as against Frank J. Kelly and 7 Elizabeth Kelly, as defendants . 8 The Verified Answer interposed under 9 that index number was received on 10 April loth, 2025 . I guess the Complaint 11 was received by the Court on March 7 , 2025 . 12 Note of issue has been filed in this 13 matter . 14 The Court has had an opportunity to 15 review all of the documents accepted into 16 evidence and to consider the testimony of EEl E the witnesses that were presented today. D 18 The Complaint of the Town of MAY - 7 2026 19 Southold seeks two declaratory judgments or tR South i Town ' : v gg injunctions . One, is a declaratory 'Board o`f rustees 21 judgment saying that the use of the 22 property as a marina has been abandoned 23 under the Southold Town law . The statute 24 describes an abandonment period of two 25 years . DEH i 32 1 The second is a request for an 2 injunction to compel the 3 respondent/defendants to -- if, in fact, 4 the use wasn ' t abandoned, to compel them to 5 remove any structures on the property that 6 weren ' t contemplated in the pre-existing 7 certificate of occupancy issued by the 8 Town, not the trustees , dated January 14 , 9 2016 . That is Exhibit No . 2 in evidence . 10 That pre-existing certificate of 11 occupancy, as Mr . Kreppein stated, was for 12 an 11 slip small watercraft marina with a 13 maximum length of watercraft 20 feet, and a 14 gravel parking lot without buildings and 15 structures .(� ® E C ire-1 �1 U E The Court does have some experience with the abandonment issue . And it ' s MAY -V 2026 18 ,;: interesting that you note all of the Southold Town Board ofl►�'ustees conundrum about whether or not the Town can 20 be called "The People . " In the case that 21 I 'm referring to it ' s the People V Simpson, 22 that was before the DA Spota decided that 23 you ' re not the people anymore when you are 24 the town . 25 In any event, it ' s called the People DEH 33 1 verses Simpson, 5 misc 3rd 1025 (a) , or 799 2 New York sub 2nd 163 . 3 The law of abandonment has been 4 pretty much well stated with regard -- by 5 both the Court of Appeals and Second 6 Department . 7 Simpson cites to Mazerella V ZBA of 8 Dobbs Ferry . The people have the burden of 9 proof on the issue of abandonment . We ' re 10 not dealing with an intensification, but we 11 are -- basically the Second Department has 12 defined abandonment and requires two 13 factors as noted by counsel . The first 14 being nonuse for, in that case it was a 15 two-year abandonment . The case is The ® E C Eir W E Concerned Citizens of Montauk, Inc . versus 17 Lester, 672 AD2d 171 , Second Department in MAY - 7 202]60 18 1978 . More importantly in abandonment the Southol; ;. cl-fDWn owner of the property has to voluntarily Board of Trustees 20 and intentionally abandon the use . 21 It goes through it pretty 22 comprehensively in 1 New York Zoning Law 23 and Practices, Section 15 . 42 as to what 24 constitutes an abandonment or 25 discontinuance . DEH 34 1 One of the -- the Mazerella case, 2 Court of Appeals case stands for the 3 proposition that there has to be an 4 intention to abandon the entirety of the 5 use . When they talk about intent, they 6 mean the intent of the owner . 7 There is also a Suffolk County case 8 that goes pretty far back, 1949, Longo 9 versus Ellers (phonetic) . Abandonment 10 requires a voluntary affirmative complete 11 act, it means something more than a mere 12 suspension or a temporary non-occupancy of 1.3 a building or a temporary cessation of 14 business . 15 The treatise I cited to along with 16 these cases point out certain instances ® E C W E where there is no abandonment : One, when AY 18 the owner is seeking regulatory approval; , 192026 two, whether the owner actually occupies s i' Southolb(Towtl _ the premises on a regular basis or even so Board of Trustees 2.1 much as just hires a watchman to watch the 22 place . 23 In looking at all of the record 24 presented here the Court determines that it 25 was not the intent of the defendants to DEH 35 1 abandon their property . So as to that 2 component of the request for relief the 3 Court is going to deny declaratory judgment 4 asserting that the use, that I previously 5 discussed in the letter in lieu or 6 pre-existing C of 0, has not been 7 abandoned. 8 I will break this order into two 9 orders . That order you are going to draft 10 and you will settle it on counsel on 11 ten-days notice, so he will get to see 12 that . 13 As to the injunction, the record 14 presents that there are a lot of items that 15 are on the subject property and the Court ® E C Elr W E goes back to its notation that the�J 17 pre-existing certificate of occupancy, MAY - 7182026 letter in lieu, says there are no buildings Southold7oWn ; or structures other than -- I 'm assuming Board of Trustees 20 it ' s acknowledging the fact that there were 21 a bulkhead and slips, because they do refer 22 to slips in that document . So, the 23 bulkhead and the slips, they ' re entitled to 24 be there . 25 The second one we ' re going to deal DEH 5 36 1 with is the fence . Actually, defendants 2 have a permit for the fence . 3 The next one is the tent . It ' s 4 pretty clear from Southold law that you 5 can ' t have a permanent tent . I 'm not even 6 sure if you can have a temporary tent . In 7 either event the tent that is evidenced in 8 the exhibits is not allowed and will be 9 prohibited. 10 The deck, that ' s four, the testimony 11 indicates that the deck was built in 2025 . 12 It is contemplated under Southold law, at 13 least under its trustee law, that a deck is 14 a structure and it is prohibited. That 15 will have to be removed. Looking at the aluminum stairs , that Tv�rr ® 17 structure does not look like a temporary MAY -178 2026 type of structure or a di minimis Southo Town y �� structure, so the aluminum stairs will have Board of Trustees zu to be removed. 21 The fishing chair is a temporary 22 furnishing, that will not have to be 23 removed. That can stay. 24 As well as we might as well deal 25 with the other chairs and tables on the DEH 37 1 property . Those are temporary things that 2 are movable . I just -- I just can ' t 3 conceive that you ' re not allowed to have a 4 picnic table under Southold law. I am 5 going to allow up to six chairs and a table 6 to stay, other than that any other chairs 7 or tables have to leave . 8 MS . HORN : Your Honor, six chairs 9 and a table, singular? 10 THE COURT : Yes . 11 MS . HORN : Thank you . 12 THE COURT : The dock and the 13 bulkhead we already did. The slips we 14 already did. 15 The gravel parking lot is allowed _ under the letter in lieu . `7 Now we get to the vehicles . MAY - 782026 The testimony is that the trailer Southol ow11f: has not moved in 11 years . If you read the ,u? :. hoard of Trustees zu Simpson case, you will see this court has 21 made a distinction that if a 22 "structure/motor vehicle" is registered and 23 lawful under the eyes of the State of 24 New York Department of Motor Vehicle they 25 do not constitute a structure . DEH 38 1 The Court doesn ' t believe that a 2 trailer that hasn ' t been moved in 11 years 3 is registered and is , therefore, exempt 4 from local zoning laws concerning whether 5 or not they are allowed to be on the 6 premise . So the trailer will have to leave 7 until such time as it can be demonstrated 8 that it is actually a registered motor 9 vehicle . 10 Dealing with the box truck . The box 11 truck definitely has moved in the last 12 11 years , but it ' s not a recreational 13 vehicle, but the same rule applies that I 14 found in the Simpson case . To the extent 15 that it is registered as a motor vehicle ® E16 and is, in fact, operational that can stay 17 on the premises . Theoretically, it is not MAY - 7 2026 18 on a permanent basis . Southoly�To n Board of Tfustees j I will allow you 30 days to 20 demonstrate that it is registered as a 21 motor vehicle, has a license plate, and is 22 authorized by the State of New York to 23 traverse its roadways . Seeing as the Town 24 authorized a parking lot I would think you 25 can park a box truck that is legally DEH 39 1 registered with the State on it . 2 I believe there is only two vehicles 3 that we ' re discussing, correct? So we 4 don ' t need to enter a provision -- 5 MS . HORN : Your Honor -- 6 THE COURT : -- about other vehicles? 7 MS . HORN : Your Honor, may I -- 8 there ' s not another vehicle, there ' s a 9 trailer and the box truck . 10 THE COURT : Okay, so we dealt with 11 that . 12 MS . HORN : Your Honor, can I make a 13 suggestion? I don ' t want to interrupt your 14 flow . 15 THE COURT : Okay. EC E E MS . HORN : It just occurred to me, ® 17 while you were talking, this whole question MAY -1782026 of what ' s a structure, you know, I think v Southo overt I ' m the expert on it . But the thing is -- Board of Trustees '"'"' 20 one of the things that I ' ve dealt with, and 21 I ' ve gone all the way up the ladder, but 22 one of the simplest things is , if you 23 request it, and I 'm willing to request it, 24 we can have a field representative, the 25 person that represents New York State DEH 40 1 Uniform Fire Prevention and Building Code, 2 and they ' ll make a field determination if 3 it ' s not complicated . I would be willing 4 to within 30 or 60 days , whatever their 5 schedule accommodates , I would have one of 6 those field representatives come out and 7 say what are structures and what are not 8 structures . 9 THE COURT : Well, I 'm determining 10 what structures are now . I don ' t need to 11 talk to them . 12 Now we are up to the pods . They are 13 not structures and they are not encompassed 14 under the letter in lieu, they have to be 15 removed. ECE1d V E Sheds , it would make sense to me 17 that you would need a shed to operate a M AY - 7 2026 18 marina, to store stuff, but the Southo d Town s= f. Board ofustees pre-existing C of 0 says no structures . 20 All you can do is file your application 21 with the Town to get a permit for the shed . 22 I guess it would be pretty arbitrary and 23 capricious for them not to allow you to 24 have one as long as you met all of the 25 setbacks and the other site plan DEH 41 1 requirements . 2 MS . HORN : Understood. 3 THE COURT : But sheds have to be 4 removed as well as the pods . 5 Do we really have to go into the 6 flagpole? Is the Town conceding on the 7 flagpole or you want it removed? 8 MR. KREPPEIN : I was not making an 9 issue of the flagpole . 10 THE COURT : All right, the flagpole 11 can stay . 12 The kayak racks . I assumed that 13 perhaps they existed prior to the 14 acquisition, but the letter in lieu says no 15 structures and a kayak rack is definitely a ® E C &6 ll E structure so they have to be removed . 17 Just like with the shed, you will MAY - 7 2026 11 18 ;,:, make application with the Town to have a Southold Town Board &Vrrustees ,.1` permit . I would think it would be 20 arbitrary and capricious if they allow you 21 to have a marina and you can ' t have a rack 22 for kayaks, but for now they have to be 23 removed . 24 The water pump box and the 25 electrical box, I don ' t think .that ' s in DEH 42 1 dispute so I will allow them to stay . 2 The tiny home has been removed, but 3 no other future tiny homes can be delivered 4 there without obtaining permits from the 5 Town . 6 The barbecue, I looked at the 7 evidence and there ' s a small portable 8 barbecue and then there ' s this big thing 9 that burns -- it looks like it weighs 10 500 pounds to me, so I consider that a 11 structure . The big wood burning stove has 12 to be removed, but you can have a portable 13 Home Depot barbecue if that ' s what you 14 want . 15 You can ' t have a gazebo . I know C �� W E that was removed, but you can ' t put in a 17 `Uf future one without a permit . MAY 18 2026 Already did the trailer, it has to =. South Town ;. go Board of Trustees 20 Did the picnic furniture . 21 Did I miss any other structures that 22 the Town is seeking to have removed? 23 MR. KREPPEIN : Two -- well, there ' s 24 two issues . One is with respect to the box 25 truck, it ' s the use of the box truck as the DEH 43 1 bathroom facility, for eating, for cooking 2 is different than -- it makes it a 3 makeshift recreational vehicle . As a box 4 truck by itself it might be a different 5 issue, but there ' s a fridge, there ' s a 6 microwave . He at one point had a bathroom 7 in the box truck. 8 THE COURT : I take a different 9 posture than the other judges who I know 10 you received some sort of injunctive relief 11 from. If you have an RV that is registered 12 with the State of New York, you are 13 entitled to drive that on the road and you 14 can park it in a parking lot at a public 15 marina . You can ' t live in it overnight . 16 So I have said they have to prove 1� �+ within 30 days that it is a registered MAY - 82026 vehicle or that has to be removed. If they A 19 do, I 'm not going to get into whether or Southold Towrt4 :< Board of-9pstees not they have electricity in it . 21 MR. KREPPEIN : The other issue is 22 the additional furniture . I know Your 23 Honor said six chairs and a table . He also 24 has various other pieces of furniture -- 25 THE COURT : Anything else other than DEH 44 1 that has to be removed. 2 MR. KREPPEIN : That was my question . 3 MS . HORN : Your Honor, I have a 4 question just about timing . 5 THE COURT : And Mr . Kreppein is 6 going to do the injunction order and settle 7 it on you on ten-days notice . 8 MS . HORN : Your Honor, just a 9 question about the timing of removal , just 10 because of terrible weather we seem to be 11 going through, is there some generous time 12 to remove those items? 13 THE COURT : 30 days is not enough 14 you don ' t think? 15 MS . HORN : I am just worried about 16 what ' s frozen to the ground and stuff like ® l�E (tom H W E that . I 'm just thinking a practical point L� i518 of view . We will do it as fast as we can, MAY -179 2026 but I just don ' t want it -- if we didn ' t SouthoMTown make it in 31 we ' re back here . Board of Trustees 21 THE COURT : This is what we will do, 22 I will give 60 days . 23 MS . HORN : Thank you . 24 THE COURT : But I will also give the 25 Town -- if you don ' t remove it within 60 DEH 45 1 days, the Town will have authorization to 2 go upon and remove it at your client ' s 3 expense . And if they have a statute that 4 allows them to place a lien on the 5 property, they can place a lien on the 6 property but I will limit the lien to 7 $3, 000 . It will cost you $3, 000 if you 8 wait more than 60 days and make them remove 9 it . 10 MS . HORN : That ' s fine, Your Honor . 11 I know he doesn ' t want to pay me 3, 000 just 12 to talk about it . 13 THE COURT : Did I miss anything 14 else? 15 MR. KREPPEIN : No, Your Honor . 16 THE COURT : It was a very well tried ® E C E 0 case on both sides . MAY - 7 A26 MS . HORN : Thank you, Your Honor . 19 ; ;. Your Honor, just one last thing, I Southold Town Board of Tr es was saying to your court officer that I 21 have had good experiences with various 22 courtrooms with the staff around the court, 23 and it ' s the same here . Everyone has been 24 very genuine and helpful . There ' s an 25 impression you get of if it ' s our job, the DEH 46 1 attitude, versus we ' re happy to help you 2 and that ' s what came across . 3 THE COURT : You guys are my 4 customers and I try to make the customers 5 happy to the extent I can . 6 MS . HORN : Thank you, Your Honor . 7 THE COURT : Thank you all . 8 9 10 -000- 11 12 The foregoing is certified to be a true and 13 accurate transcript of the stenographic notes for 14 the above-captioned matter . 15 16 17 18 19 Diane E . Hansen Senior Court Reporter 20 21 22 D l� U 23 24 MAY - 7 2026 25 Southold Town Board of Trustees DEH E ONER'S IBIT Judge Stephen Hackeling Order Index No. 606203/2025 p � CE VE F-N. *Defendants store vehicles that are registered DMV Box Truck plate #45643MH reg. 8-31-27 MAY - 7 2026 �L Southold Town Board of Trustees . city-.e Ef7 FRom FRONT-SEE BACK' .. ,N.,x d,f FI. ..,.. . - ,r .... Hew roars sr;-,re,a€c�sTaa-. G CUM 45€x4:3MH 2006 FORD 2iUN^RANSFFRABLF VAN WH 1FDW�3`Y 7'�tiB14�68 10000 IJ 8 I'T�938523 3t3L G3U"L� M1 08/31/27 "'°s— -' cy, WEB WEJCDx 1FDWE35F76HB14568 CENTURY UTILITY OSf31/2"1 2006 FORD VAN SYSTEMS INC >DE•MA� 8 4.5643KH COM 9 G 3225 'UNION BLVD '74.25 2- 7 EAST I SL I P NY 117 30 '' w""' li��ll�l1�l�Il�l��l1/1��11/"I'1����tllll f 712 5 3 6 E R JOID IP ALTERED fi XCEPT ibN►ODRERSµU f t k Ir UYAK&g�p`1 rN �aY - Br �� 7 2026 ushesCreek F Marinaxe ; Y Southold Town Board of Trustees m C TITIONER'S EXHIBIT 3 Scott Kreppein response case 21 -cv-03215 jma-lgd 3/12/2026 Trustee jurisdiction 275 who decide if town should be involved DE E MAY - 7 2026 f„v Southold Town Board of Trustees 0 0 Case 2:21-cv-03215-JMA-LGD Document 123 Filed 03/20/26 Page 1 of 2 PagelD #: 1947 DEVITT SPELLMAN BARRETT, LLP ATTORNEYS AND COUNSELLORS AT LAW 2150 Joshuas Path, Suite 300 Hauppauge,New York 11788 Phone:(631)724-8833 KEVIN M.SPELLMAN Fax:(631)724-8010 Of Counsel NICHOLAS M.BRINO Email:info(iWevittspellmanlaw.com STEFANIE AFFRONTI DAVID S.PALLAI (direct mail to Hauppauge address) DEBORAH C.ZACHARY JUSTIN M.ROWE ROGER E.SIEGEL JOHN M.SHIELDS EMMANUEL KOSSARIS SCOTT J.KREPPEIN JOHN T.TRACY CHRISTI M.KUNZIG STEPHAN D.TRACE Retired MARIE E.HOLBROOK JOSEPH P.DEVITT(1923-2017) VINCENT IERACI THOMAS J.SPELLMAN,JR.(1938-2023) WILLIAM J.BARRETT Counsel JELTJE de JONG CHRISTOPER R.BLOCK JOHN M.DENBY KEITH R McHUGH � � � � IRINA M.PETERSEN March 20, 2026 Via ECF Hon. Lee G. Dunst, USMJ MAY - 7 2026 U.S. District Court, EDNY 100 Federal Plaza °: ,*7 Southold Towns Central Islip, NY 11722 0oard of Trustees Re: Kelly et al v. Town of Southold et al Case No. 21-cv-03215-JMA-LGD RESPONSE TO 3/12/2026 ORDER Dear Judge Dunst: On behalf of the Town of Southold, we respectfully submit the following responses to the inquiries in the Court's March 12, 2026 Order. 1. Have Plaintiffs ever formally applied for a "permit" ... ? Not the correct type of permit from the correct agency. In a wetland, for any structure (which is broadly defined), they need to apply to the Town Trustees for a wetland permit. (Southold Town Code §§ 275-2 and 275-5, et seq.). The Trustees would then engage in coordinated review with other state and local agencies as needed for site plan approval, septic permits, building and fire code compliance, etc. Hypothetically, a change of use not involving a structure or altering the wetland would go directly to the Building Department, but may still require site plan review and/or variances. The "trailer permit" Plaintiffs have applied for is an application to the Town Board rather than to one of its land use agencies and is used to seek special permission to occupy a trailer home outside of a trailer park for temporary housing under limited circumstances. 585 STEWART AVENUE,SUITE L16,GARDEN CITY,NEW YORK 11530 90 STATE STREET,SUITE 700,ALBANY,NEW YORK 12207 (866) 851-1123 0 0 Case 2:21-cv-03215-JMA-LGD Document 123 Filed 03/20/26 Page 2 of 2 PagelD #: 1948 The permits, other than Town Board Trailer Permits, that have been applied for related to this property are as follows: • Wetland Permit No. 6205, issued 9/21/2005, amended 5/17/2006, allowed the prior owner to partially replace the bulkhead, remove the dock, and install a ramp. • Wetland Permit No. 8477A, issued 8/20/2014 and closed via Certificate of Compliance No. 1100C on 3/27/2015, authorized Plaintiffs to install a fence. Plaintiffs initially also applied for two sheds and a gazebo, but withdrew those aspects of the application because they required site plan approval and a variance. • Certificate of Occupancy No. 38052 was issued 1/14/2016 for continued use of an "11 slip small watercraft marina (maximum length of watercraft 20 feet) and gravel parking lot, without building/structures." Plaintiffs initially applied for building permits for a 14 slip marina, but that required site plan approval, so they submitted a new application limited to acknowledging the non-conforming marina pre-dating 1957. 2. Do Defendants intend to rely upon the statements made by non- party witnesses... No. 3. What is Plaintiffs' federal court counsel's knowledge... this request is not directed to Defendants. 4. What is the nature and status of the related state court action?... Town of Southold v. Kelly, Index No. 606203/2025, was for declaratory and injunctive relief regarding whether Plaintiffs abandoned the pre-existing use or, if not, directing them to cease other uses and remove unauthorized structures and clutter from the parking lot. After a bench trial, a Judgment was entered finding that Plaintiffs had not abandoned the pre-existing use, but enjoining them "from using the premises other than as an 11 slip small watercraft marina (maximum length of watercraft 20 feet) and gravel parking lot, without buildings/structures," and directing them to remove various unauthorized structures, furniture, and other personal property from the parking lot. We may appeal the lack of abandonment finding but have not yet done so. Other related NYS Supreme Court actions are Southold v. Kelly, Index No. 15142/2015, enjoining Plaintiffs from using the property as a campground; Kelly v. Southold, Index No. 622655/2017, which is a malicious prosecution action that was dismissed; in Kelly v. Southold, Index No. 8320/2019, Plaintiffs challenged the 20' boat length restriction in their Certificate of Occupancy and it was upheld; and in Southold v. Kelly, Index No. 611268/2020, Plaintiffs were directed to remove an unauthorized tiny home trailer. Respectfully submitted, /s/Scott Kreppein 2 C E � `VJ n n E - c Utt Kreppein cc: All counsel,via ECF A is 0 MAY - 7 2026AY - 7 2-]0266 r^. sgy Southold Town " Board of Trustees PETITIONER'S EXHIBIT ''7 MARINA STANDARDS (10-MAR) p � cE MAY - 7 2026 : . Southold Town Board of Trustees !MARINA STANDARDS (10 MAR) Description,�lVlarina offer services for the boating public including: wet and dry slip storage, dock facilities and courtesy docks, sewage pump-out, and fuel docks. Marinas may provide services such as fueling, mechanical boat repair, boat towing and chase services, and boat brokerage. In general,the following definitions apply to these terms throughout the standards: Adequate: As much as necessary for the intended duration of use Appropriate: Suitable to the level of service or as specified in the operating plan — Clean: Free from dirt, marks, stains, or unwanted matter ® C V�p Neat: Arranged in an orderly,tidy manner MAY - 7 2026 Operational: In use or ready for use Sufficient: Enough for the number of persons ^`A Southold Town e;l Well-maintained: Kept in good order or condition Board of Trustees 3 types A-B-C I am B class =5 or more boats SN�ber FACILITY STANDARDS Ranking Marina Office— Exterior: Building Structure- Building exterior is well-maintained and surfaces are treated to 1 protect against deterioration. Roofs,gutters, and downspouts are well-maintained and O clear of obstructions. Rooftop ventilation and other systems are well-maintained and operational. Z Landscaping%Grounds,- Landscaping conforms to park standards. Noxious weeds and C invasive-plants-are-removed in accordance with approved landscape plan. Vehicle Parking-Adequate parking spaces are provided. Paved parking is well- 3 maintained and spaces are marked. Gravel or dirt parking is graded to remove drainage B ruts and holes. 4 Trailer Parking- Designated trailer parking areas are well-maintained and signed.Trailer B lots are located further from the marina than vehicle parking. 5 Cart Parking-Storage for dock carts and parking for motorized dock carts are C designated and close to marina access point. 6 Pathways,Sidewalks,and Ramps- Pathways,sidewalks, and pedestrian ramps are free B of obstructions. Surfaces are well-maintained and free of tripping hazards. htin Illumination- Lighting is adequate and appropriate. Light fixtures are well- _........._.._____._._._ 7 maintained and operational. If the park is Night Sky designated, lighting is consistent B with International Dark Sky Association requirements. `_ublic§j!s,- Public signs are appropriately located, accurate, and well-maintained. 8 Permanent'signsare consistent with IVPS standards, and were approved prior to B installation.Temporary signs are professional in appearance. NPS Marina-Standards 2017(10-MAR} __ � Page 1� Utilities-Service areas are neat and well-maintained. Utility lines are neat, protected 9 from slack and foot or vehicular traffic, and hidden from view as much as possible. B Electrical panels are secured and unobstructed.' Trash/Recycling-Sufficient trash containers are conveniently located.Waste does not accumulate in trash containers to the point of overflowing. Refuse is stored in covered, 10 waterproof receptacles in accordance with NPS standards. Market available recyclable B products are collected and recycled. Central refuse collection sites are screened from public view. 11 Fences and Walls- Fences and walls are cleared of overgrowth and well-maintained. C Flags, National,state, or park flags are well-maintained and comply with the United 12 States Flag Code. Flags are a minimum size of 3'x 5' Decorative flags and banners are C appropriate and well-maintained.flags of a maritime or,nautical nature are displayed below the National Flag. Public Are Interior OF OFFICE 13 Marina O ice Waiting Area- Marina office entrance and waiting area furnishings arei B $clean and well-maintained.,-_:�._____. _ _w m:_,__ _ _.___ _w..._ .__ _ __ . µ... __. Public Signage- Public signs are appropriately located, accurate, and well-maintained. Trustee's 14 Permanent signs are consistent with NPS standards, and were a'W roved -rior to B ' st lat on3 Temporary signs are professional in appearance.Signage is neatly arranged. 15 Illumination - Lighting is adequate and appropriate. Light fixtures are clean and B operational,with no empty sockets or burned-out bulbs. Ventilation%Climate Control -Public spaces are adequately ventilated and maintained ate rusBtee s 16 is temperature consistent_with visitor comfort,-----__ __ _ ___.__--_r___ ___ _.____-_ _, O.S.H.A. Ice/Vending- Ice and vending machines are well-maintained and operational. Machine 17 displays relate to park themes or are generic in nature. Out of service machines have B computer-generated signage directing visitors to the closest operational unit. Machines must accept$1 coins and display applicable notices. 18 Drinking Fountains-Water fountains are clean and operational.Water bottle filling C stations are preferred. Safety 19 Emergency Lighting/Exit Lights/Emergency Exits- Exit lights are on emergency circuits A and in operation at all times. Emergency exits and routes are marked and unobstructed. 20 Fire Extinguishers- Fire extinguishers are accessible, signed, and correctly located,with A operating instructions and current inspection tags. Smoke Detectors-Operational single-station, hard-wired smoke detectors are present 21 and in compliance with NFPA standards. Battery-operated detectors are tested monthly A and batteries are replaced at least yearly. 22 Fire Alarms and Pull Boxes- Fire alarms and pull boxe-s.ar.e-visible�and-acce-ssible..� A First Aid Kit-A first aid kit is available, stocked, marked, an staff c _ e sil to he , 23 9- v B —kitti t� Boat Facilities MAY 7 r 2026 I 41,i.II MAYB NPS Marina Standards 2017 10-MAR r Page 2 ( ) `_��=> Southold Town ,.< � `•;� 9 MOW `"' Board of Trustees Boat Ramp-Boat ramps are constructed with ribbed concrete or other non-slip 24 surfaces, adequately marked, and well-maintained. Launch preparations are conducted B to avoid congestion at the ramp LaundF nstructions and rules are posted P ourtesy/Transient`Dogk ;Courtesy docks are marked and conveniently located for transient,dinghy dock, or boat ramp use Docks are equipped with sufficient,well- B 25 maintained cleats and access`ladders+Signage is posted to indicate maximum tie up time. Mooring Buoy Field - Buoy fields are adequately spaced and provide sufficient 26 anchorage for boats. Buoys and buoy lines are well-maintained. Buoy markings conform B to applicable uniform federal or state waterway marking systems. Hoists and Travel Lifts- Employees are trained on hoist and travel lift standard operating procedures. Boat hoists and travel lifts are operational,well-maintained, and 27 appropriately sized. Hoists have an emergency cut off switch appropriately located and A posted.An adequate area is available to provide for unencumbered hoisting, lifting, and launching of vessels. ry Boat Storage- Dry boat storage areas are located away from guest service areas, 28 secure, appropriately screened, adequately sized, and orderly.A space identification B system and records are maintamed,Vand available on request._j Restrooms/Showers/Laundry u_blic Restrooms- Restrooms are clean,ventilated, illuminated, and well-maintained. Restrooms have hot and cold running water.Toilets, sinks, and urinals are clean,free of 29 stains and chips, and operational.Toilet tissue and disposable towels or hand dryers are B available.Soap is provided in bulk dispensers.Women's or unisex restrooms have a covered waste receptacle in every stall.The disposal containers are clean and emptied at least daily.A cleaning inspection log is maintained and p d.oste Shower Stalls-Shower stalls are clean,well-maintained,ventilated, and free of mold, mildew, and hair.Shower floors are equipped with a non-slip, mildew-free, untorn mat 30 or constructed with non-skid surfaces or strips that are securely fastened. Mats are B sanitized daily.Showers that are out of service have computer-generated signs posted and are made operational as soon as possible. Shower Enclosures-Shower curtains are of adequate length and width to fit the 31 enclosure and to prevent water from flowing onto the outer areas, as well as to assure B privacy.Shower curtains and enclosures are clean,free of mold and mildew, and well- maintained. Water Supply-Water pressure and temperature remain constant and comfortable. 32 Extreme fluctuations do not occur. Faucets are accurately marked and operational. B Fixtures are appropriate, low flow, securely installed, and properly sealed/grouted. Dressing Area and Clothes Storage- Lockers or clothes hooks(minimum 2 per stall) are 33 provided and located in close proximity to the shower stall. Lockers are clean and rust- C free, with working doors and hardware. Dressing area contains adequate seating as appropriate. 34 Security-System for securing valuables is provided, or si ns;are�o_td wtat�glpaq.he� B concessioner is not responsible for visitor's valuables. D� MAY - 7 2026 1 UU NIPS Marina Standards 2017 (10-MAR) :: rs Page 3 Southold Town Board of Trustees ` " 6 8 35 Soap and Towels-Soap and shampoo are obtained from bulk dispensers. Dispensers are C flushed and cleaned at least once per quarter.Towels are bath size. 36 Mirrors-Adequate mirrors are provided for each sink. Mirrors are securely mounted, C clean, un-pitted,and free of cracks. 37 Emergency Instructions- Information is posted with emergency assistance (fire, police, A medical)and after-hours contact information. Public Telephones- Public telephones are available in remote locations where mobile 38 phone connectivity is not available or sporadic.Telephones are operational,well- B maintained, and free of vandalism. Public Laundry-A minimum of two washers and dryers are provided. Equipment is clean,well-maintained, and operational. Lint traps and dryers are inspected and cleaned 39 daily.Washers and dryers are energy and water efficient. Equipment that is out of C service have computer-generated signs posted and are returned to service as soon as possible. Maintenance Area/Building Building Structure- Maintenance buildings are well-maintained and surfaces are treated 40 to protect against deterioration. Roofs, gutters, and downspouts are well-maintained B and clear of obstructions. Rooftop ventilation and other systems are well-maintained and operational. Garbage and Trash/Recycling-Sufficient trash containers are conveniently located throughout the maintenance area. Waste does not accumulate in trash containers to the 41 B point of overflowing. Dumpster drain holes are plugged.All market available recyclable products are collected and recycled. 42 Site Utilities, Equipment, and Delivery Area-Service areas and equipment are marked, B well-maintained, and screened from public view as much as possible. 43 Fences and Walls- Fences and walls are cleared of overgrowth and well-maintained. C Organization-The maintenance area is neat, and tools and equipment are stored in an 44 B orderly fashion. Storage - Parts and supplies are stored neatly and securely. Parts are stored off the floor 45 on industrial shelves suitable for the weight of the parts and physical environment in B which the shelves are used. 46 Floors-The maintenance area floor is free of clutter and tripping hazards such as B extension cords, power hoses, etc. Floor cracks are filled to prevent seepage. Shop Lighting- Lighting is adequate to perform marina maintenance activities safely. 47 Fixed ceiling lighting and portable lights are clean and operational with no burned-out B bulbs. Fluorescent light bulbs are contained in a clean protective cover. 48 Pest Control- Pests are managed in coordination with the designated NPS integrated B pest management coordinator and Risk and Environmental Management Plans. H_azardous MateriaW- Hazardous materials are collected;store �a �0 ;nTdTsk Icy 49 compliance with state and federal laws, and in accordanceri hi l d A p Ra p � environmental management plans. InT I U L11 MAY — 7 2026 LU) NPS Marina Standards 2017 (10-MAR) Page 4 Southold Town Board of Trustees '�'' 50 Safety Data Sheetsj-Current safety data sheets are visible, legible, and readily A accessible ._ Fire Extinguishers-Operational fire extinguishers are accessible and located in 51 compliance with NFPA standards and local codes. Fire extinguishers are appropriately A signed,with operating instructions and current inspection tags. Smoke Detectors-Operational single-station, hard-wired smoke detectors are present 52 and in compliance with NFPA standards. Battery-operated detectors are tested monthly A and batteries are replaced at least yearly. Carbon Monoxide Detectors-Operational hard-wired carbon monoxide detectors are 53 present in compliance with NFPA standards. Battery-operated detectors are tested A monthly and batteries replaced at least yearly. 54 Eve-Wash Stations- Emergency eyewashes are placed in chemical work areas with A instructions on use clearly posted. Dock Facilities'! Identificatonl-Slips are clearly and uniformly marked by a permanently installed 55 number. Utility pedestals and dock boxes are numbered to match the slip. Mooring B buoys are clearly and uniformly marked. Cleats-Cleats are properly placed and secured to the dock for use at each slip. No loose 56 or missing cleats are evident.A sufficient number of properly sized cleats to secure the B vessel are available. Boat Bumpers/Rub Rails- Bumper materials are well-maintained. Cover materials are 57 free of tears and properly secured to the dock. Rub rails are acceptable. Fastening bolts B and screws are recessed and do not extend beyond the rails. Flotation System-Systems provide adequate flotation and are well-maintained. 58 Systems are sturdy and free of broken or uneven sections. Foam, if used, is A encapsulated.Systems maintain docks level above the waterline. 59 Dock System- Fixed or floating dock systems are well-maintained.Winch system is B effective and docks are correctly aligned. Dock/Decking- Decking is clean,free of unnecessary obstructions and tripping hazards 60 (e.g., pop-up screws,degraded wood), and well-maintained. Bull rail is well-maintained B and sturdy enough to support visitor use. 61 Breakwater- Breakwater is visible,functional,well-maintained, and properly secured. B Exposed tire and 'logjam' breakwaters are acceptable. Foam, if used, is encapsulated. Covered Areas-Covered structures are sturdy, appropriately sized, and well- 62 maintained.The structure is treated to prevent rust and mildew. Covers are free of B leaks, and material is consistent throughout the marina. Gangways/Bridges-Surfaces are non-slip,free of obstructions and tripping hazards, and 63 well-maintained. Railings are well-maintained and sturdy enough to support visitor use. B Utility lines necessary to service slips are contained. Hosesj- Hoses are adequately sized for their intended use and are free of leaks. Hose 64 systems are consistent throughout the marina and are well-maintained. Hoses are coiled B or orderly. Water hoses have backflow prevention devices._._. NPS Marina Standards 2017 (10-MAR) Page 5 MAY - 7 2026 Fishing Dock1 Fishing docks are posted with local fishing regulations;and equipped with 65 adequate seating for the fishing area. Pole holders are secured to the d ishock F cleaning C `stations are dean,well-maintained, and accurately located according to the concessions contract. Dock Carts-An adequate supply of dock carts(hand or motorized) are available to allow guests to easily transport luggage, coolers, and supplies to and from their boat. Dock 66 carts are clean,functional,and well-maintained. Carts are stored in an orderly manner, B in convenient and dedicated areas (e.g., head of the dock, parking area,or other areas as dictated by the marina layout).Adequate controls are in place for motorized dock cart usage. Dock Boxes- Dock boxes are clean,well-maintained,ventilated, and securely 67 constructed. Dock box placement allows for the passage of dock carts.A policy of not B storing flammable materials (e.g., paint,solvents, deck stains) in dock boxes is prominently posted or featured in the slip rental agreement. Sewage Pump-Out- Pump stations are operational,clean,well-maintained, and emptied on a regular basis. Pump hoses are stored neatly, and an adequate supply of differently 68 sized fittings is available. Required personal protection equipment is worn when A handling hoses and fittings;and spill response equipment is accessible and well- maintained. 69 Winterization - De-icing systems are well-maintained and operational. B NO Docks ; el Docks- Fuel docks are located in protected areas away from wave action 70 (pa larly in areas with changing water levels).Stable platforms are provided for B personal tercraft fueling. Fuel docks are clean and well-maintained. 71 Emer enc F Shutoff- Emergency shut off instructions are posted a ccessible, and A shutoff valve is to ted in compliance with NFPA standards. Fire Extinguishers- Fire tinguishers are accessible and loc ed in compliance with 72 NFPA standards and local co s. Fire extinguishers are ropriately signed, with A operating instructions and curren ection tags. Fuel Dispensers- Dispensers, including noz and hoses, are operational and well- maintained. Dispensers have functionin re/shea ves,and hoses are equipped with 73 breakaway devices. Dispensers are ed when attenda not on duty. Local, county, A and state regulatory certifica or weights and measures are c t and posted. Pump signs and decals are ' ' e and well-maintained. Dispenser display screen otected against UV d e and vandalism. 74 ailable Fuels-At a minimum, unleaded gasoline and outboard motor oil are available.available.N, C 75 Access-Access to fuel docks is clearly marked to facilitate vessel queuing in an adequate B space without adverse effect to pumping lines, other vessels, or resources. 76 Smoking Policy-Smoking is not permitted near the fuel dispensers, and signs are A posted. No smoking policy is enforced. I� � M AY - 7 2026 NPS Marina Standards 2017 (10-MAR) ;w , thold Town Pag Sou e 6 ... Board of Trustees Required Public Safety Notices- Required safety notices are conspicuously posted 77 around pump islands.Signs at fuel dispensers include "no smoking" signs, "switch off A engine" signs,and "emergency fuel shut-off' signs.Signage requirements are listed in NFPA 303 - Fire Protection Standards for Marinas and Boatyards. Emergency Response and Spill Containment Equipment- Fire response equipment is provided at the fuel dock in accordance with NFPA standards, other applicable regulations, and the park. Spill response equipment is well-maintained and accessible. This equipment is specified in the concessioner's SPCC and Emergency Response plans 78 and is adequate to respond to incidental and non-incidental fuel and oil spills.The A quantity of absorbent material equals a ratio of approximately three feet of boom to every foot of the largest boat within the marina. Equipment includes personal protective equipment for emergency response. Use of dispersants is approved by the park. Fuel attendants are trained as specified in the SPCC plan. Fuel Storage Tanks-Secondary containment and automatic leak detection systems are 79 provided for aboveground, underground and dock tanks, piping, and dispensers,as A required. Fuel Lines- Fuel lines are well-maintained. Fuel lines are located and protected from 80 physical damage.Sufficient lengths of oil-resistant flexible hose are used between the A shore,the tank, and the dispensers as required by changes in water level. Emergency shut off valves are appropriately located in accordance with NFPA, and are posted. Hazardous Materials Storage-Areas storing flammable or hazardous materials are 81 clearly marked. Flammable liquids are not stored in battery charging or storage rooms. A Hazardous materials near or over water have at least secondary containment. 82 Other Safety Equipment-Other required safety equipment, including eye-wash stations A and emergency ladders, are operational and appropriately located. Dock Safety 83 Fire Suppression Systems- Fire suppression systems are operational,with current A inspection certificates. 84 Emergency Lighting- Emergency backup battery or generator lighting systems are A operational and well-maintained. Slip Utility Connections—Electrical - Electrical outlets are marine-grade, hard wire 85 attached feeds with working covers and are connected to a working ground fault A interrupter. 86 Slip Utility Connections—Water-Water lines are operational,with working spigots and A appropriately sized back flow preventers. Security and Lighting-Adequate outside lighting is maintained throughout the marina 87 for night operations.After scheduled hours, lighting is reduced to provide security only A in the marina.Security system allowing access to slip areas is operational.Security personnel are provided as required. Lifesaving Devices-At least one USCG approved, throw-type flotation device with at 88 least 60 feet of%-inch diameter rope attached or a reBach;pol is�cc sil�ler t fuel. A dock and every 200 feet on other docks. ) u v MAY - 7 2026 NIPS Marina Standards 2017 (10-MAR) Southoowne Page 7 Southold Town } `i Board of Trustees _ _-._ -_ 89 Access Ladders Access ladders are well maintaimned,secured, and appropriately located A throughout the marina_ 90 Boats- Boats are berthed in compliance with NFPA standards. A O:PERATIONAL-STANDARDS Accessiblllty�, Accessibilrty- Facilities and services meet the requirements of the Americans with 91 bilities and Architectural Barriers Acts and all other applicable laws relates to l A acce y_I zy_ _ v.. ...... � �w e ._.w. 'Services Reservation Services Availability---Reser-vation�-services-are available via telephone, mail 92 ,and fax during B 'business hours; and.internet 24/7. ! - --- —----------- - Knowledge of Slip Rental Staff- Reservation agents provide accurate information about 93 rates, slip rental policies and marina services, local attractions, access, etc. Matching B information is available on the concessioner's website. Property Management Information Systems-The slip reservation system is integrated 94 with the concessioner's property management information system, and provides C comprehensive reporting capabilities. PaVment.IVlethods-Credit cards are honored and include MasterCard,Visa,American 95 Express, and Discover. Debit cards and other payment methods (travelers' checks, B personal checks, and gift cards) are accepted at the concessioner's discretion or at the direction of the Service. 96 Deposits- Rental deposits are no more than one month's dockage. For transient slips, B the rental deposit of one night's stay is applied to the last night of the rental. 97 Cancellations-The slip rental cancellation and refund policy is clearly stated in the slip B rental agreement, and is approved by the park. 'Registration Services Hours of Operation- Facilities and services are operated and provided in accordance 98 with posted hours of operation. Hours of operation are prominently displayed at each B facility. Check-In/Out-Transient check-in/out is completed in a friendly and professional manner.The slip rental staff confirms slip type and length, duration of stay,departure 99 date and check-out time,and method of payment.Slip rental staff also identifies any B extra charges (utility add-ons, donations to friends,groups, and associations, etc.). Comment cards or the concessioner's comments website are included in the check-out material. Park Orientation Material- Park-specific materials are available (brochures, marina and 100 park maps, newsletters,and special notices).Additional information is available about C the area (local businesses, places of interest by land and by boat, major highways, airports, restaurants, etc.). NPS Marina Standards 2017 (10-MAR) Page 8 I�14 IP�I MAY - 7 2026 +hn14 Tnwre Other Services Winterization Notification-Slip renters are provided with adequate notices on 101 winterization-activities-(water shut-off, de-icing, ramp and dock removal). C 102 Access-°Slip renters are provided 24-hour access to their slips. B __.__.a p P p Private Sales- Private sales of boats in marina areas are not permitted. Boats do not 103 display"For Sale" signs. No slips or moorings are rented that are used for promotional B display or sale of boats or boat accessories. Concessioner boat brokerage services are available if approved by the park. 104 Private Rentals-Private overnight rentals of boats in marina areas are not permitted. B 105 Valet(Dock-Hand)Services-Valet services are prompt and courteous. C 106 Housekeeping- Housekeeping services are prompt and courteous. No equipment is left B unattended on the dock. Lost and Found - Items found are logged and secured in a designated location. Records 107 are maintained and procedures established to ensure prompt, accurate responses to C visitor inquiries. Other Services`-Services launch and retrieve ilot dockin -. ( , p / g,chase boat,towing,BOSTON WHALER 108 landside shuttle, dive services, pump-out, and hydro hoist) are provided as required. B Service response times are stated to the visitor at the time of request. Sli p,Management Marina Management-A diagram of the marina, including the location of all slips and 109 supporting facilities, is prominently displayed, readable, and accurate.The master of the C marina diagram is updated as necessary. Maximum Boat Size,- Boats' o not-exceed,Sri p capacity. Length and beam 110 1measurements-include all temporary-and~permanent-appurtenances. B Occupant Management(Permanent)-Accurate and current records are maintained. Slip records include slip number and location, slip dimensions, and utilities.Slip renter] records include boat owner's name, address;'contact information,and authorized users. 111 Boat records include boat name, hull identification number, model,year made, B manufacturer, color,type, registration number and state, and boat insurance information. Park-approved rental agreements,conforming to applicable legal, requirements, are executed for each shp rental w i Occupant Management(Transient)- Rental agreements include renter's name and contact information, authorized users, and boat identification details.Slips are checked and cleared of all lines and articles left by previous occupants. Welcome Aboard 112 packages include slip number and location, slip dimensions, utilities available,and B marina rules and regulations.The transient renter is provided with a head lock key or combination,and staff is available to assist transient renters with docking. Park- approved rental agreements, conforming to applicable legal requirements, are executed for each slip rental. i 113 Ctuiet-Hours Quiet hours are enforced. B __ _ _._. '1 L3 � MAY - 7 2026 NPS Marina Standards 2017 (10-MAR) Pa e 9 Board of Trustees 9 Dock Checks- Daily dock checks are completed (decking is secure and free of tripping 114 hazards; cleats, ropes, and utility lines are secure; bow pulpits and anchors are not B overhanging the dock; and utilities are operational)JDaily�ip checks are completed(no] illegal boats; boats do not appear to be in danger.of sinking, burning, or breaking loose); 115 Waitlist-Waiting lists are maintained for the rental of buoys,slips, dry boat storage, and C slip transfers. Requests are accommodated in the order they were received. 116 Courtesy Docks- Unless specified in the contract, spaces on courtesy docks are not C rented. Courtesy dock time limits are enforced. Fuel Dispensing 117 Sales Operations-Only employees trained on standard operating procedures for fuel A dock operations dispense fuel. er enc Action Res onse -Park-ap roved fuel dock emergency res ns Ian is 118 acce ible.Staff is train n emergency resp se plans. A 119 Oil and el Spills- Park-approved Spill Prevention, trol, and C ntermeasure (SP ) A plan procedures are followed. Spills are cleaned up promptly. f is trained in SPCC. Outside Contractor Requirements Qualifications and Credentials-An approved list of qualified contractors is maintained. 120 Marina office files on qualified contractors include a current occupational license; C city/state sales tax registration, and certificate of insurance naming the NPS as an additional insured. Allowable Activities-Only qualified contractors perform basic vessel maintenance. 121 Moderate or significant vessel maintenance occurs outside the park unless allowed in A the cor! ' Marina Safety. .' Marine:R.adf - Marina is equipped with licensed operational business band or_VH`l 1 marine radio,with back up available Staff is trained in radio use and comm unicatI A protocols, and carries operational VHF marine radio units. Communication pro is are! approved by the park.- Em—etsep&M Fre uenc and'Protocol-Aport-o er equency is maintained with a 123 pecific transmission channel`and call sign:' ` A 124 lneident Reporting--'Park-approved-incident reports are completed and records are' B maintained Required incidents are immediately~reported to the parkR -~µ After Dark Procedures-Staff completes security rounds by walking all docks and 125 support facilities.A security log noting any suspicious activities is maintained.Staff B checks that gates, storage areas, and fuel areas are secure and/or locked. If not locked, the marina is patrolled 24/7 during the operating season. Personnel 126 Staffing Levels-Facilities and services are sufficiently staff�o prgver(�ta�df V r _7A delays in service. l5 MAY - 7 2026 NPS Marina Standards 2017 (10-MAR) t ="` Page 10 Southoid Town Board of Trustees `` Employee Attitude- Employees project a friendly and helpful attitude,and are capable 127 and willing to answer customer questions (about both job and general park B information). 128 Employee Appearance- Employees wear apparel and a name tag identifying them as B concession staff. Employees present a neat and clean appearance. Employee Training Programs-An active training program for employees in the development of necessary skills and procedures is implemented.Training emphasizes 129 work performance and,as appropriate to the position, covers requirements such as B technical training, emergency response, cleanliness, employee attitude, NPS philosophy and policy.Training is documented. 130 Management Availability-All marina facilities have a general manager or manager on B duty at all times. General Mana> er Credentials-The marina general manager possesses a strong 131 background in the marina industry.Other certifications(Marina Operator, Marina B Manager) are maintained as required. Lead paint 8 hours class required Rates 132 Approved Rates- Rates and other customer charges do not exceed those approved by A the superintendent. Ranking Definitions �First Priority EA3 conditions or practices create or have the potential to exert a significant impairmentto visitor or11 employee healthyand safety,park resources,ivisitor services or visitor enjoyment,`Concession Facilities,or associated personal _. __ _ property. oderat :Second Priority �)conditions or practices create or have the potential to exert a moderate impairment to visitor or employee health and safety, park resources,visitor services or visitor enjoyment,Concession Facilities, or associated personal property. inor:Third Priority ffliconclitions or practices create or have a potential to exert a minor impairment to visitor or employee health and safety, park resources,visitor services or visitor enjoyment,Concession Facilities,or associated personal property. j C� C � OWCr 1 MAY - 7 2026 `4 Southold Town Board of Trustees f5 a Q171?i .s % , Page 11 In New York State, regulations for marinas regarding office space mandate for a specific "office" room. However, operational requirements usually make an office necessary. Class A commercial Marina Requirements (defined as providing services or berthing) must obtain building permits for operation. These operations often involve selling marine products, leasing vessels, or operating a boat launch, which practically requires an office for management. Operators of commercial marinas in NYS are often required to have a "maintenance program" and maintain records of operation, which typically requires a dedicated office space. Fire Code and Safety Marinas with five or more vessels must adhere to specific fire safety codes (NFPA 303), which require communication systems and a designated location for emergency contact, often located in a marina office. Southold Town local zoning codes treat "office" as a permitted accessory use in Marine Business Districts (Marine I and Marine II), typically when incidental to a permitted boatyard or marina operation. Sanitation and Environmental Protection: Commercial marinas are required to manage sewage, pump out , and solid waste, requiring designated, approved areas that are managed from an office. Please review what was told to us that we didn't need a permit in the past 'but maybe in recent upzoning which was a 8'x10'x8 storge shed & 18'-x10' deck lawn area for social gathering and pest control as Chigger bites cause,d__sev_e.r_al_-- M AY - 7 2026 Southold Town F'r ..._rr3 o-,-,...ate sF T�•r�r:: �-r.z.r'+�. people to be hospitalize. Building Code of New York State category Marina (BCNYS) compliance. Southold Town's zoning codes for marina business districts are primarily governed by Article XII: Marine I (MI) District office as accessory use permitted. 2016 Building permit 6898 and Pre CO says on line 6 ALL THAT M1 ZONING HAS TO OFFER was granted a change of use to include an office as accessory use. "$©URCE FOR SPACE �.. • $ MDDEL DA 832 FFATURES c t o EIE $' D[ x3W Overall.$'a 88`BC I r ,}� �j-':`�'`+ t r R .14 p •40 M11.r Hitch fits tNTEFitOR 'f} y •10'Olfiee.'IB`6carop. '^ •Panslad Welt 4 ' �" 1' •j j s I�t .Vxryt Covered WE Moore y r .OWN=Cellkm PUPMTUFM ga tb D■ek WM Rta Calatnate r ;t•:,.;.`� Y t,; •b ORMAnleienTable I. kywD: ELECTRIC Flaorewent CeWng Llphto 11111110101-, •80Amp8rvakerPenel - 1MINDOWS AND DODRS 4W x 2711 S11d1ng 1MndM" •Aluminum Eenrlor Door: . 28' HEATMG AND CD UNG AM •9 Thr 11 AC Llntt Sink&Tollet- •El.ewa Baeeboerd Heat octE%mR -i ".Aluminum~89d3np 81 mew tWwp• �'MltCh , rw,.. u •Seeurlq Paola Be Avelleble:- ' %StePe Available; VUE�l.L OFFICE FU RFdrrURE4 NOTES: LUSrd 45,ax) CUSTOMER APPROVAL �+k`•1 Customer Stpneture - Date- Print theme - YDDIDaaFMILWAtfl' LARLIWORPWRYOSWZATQj WYWRDy1HDgSHDYeIYG'&gDIREtU1tWWAlliYlalR. D MAY - 7 2026 Southold Town a Board of Trustees PETITIONER'S EXHIBIT 2-5-2020 Trustee PRE SUBMISSION *Ordered a new Survey of job site trailer and a *NYS DEC (NO JURISDICTION LETTER) needed on trustee's file; this is to finish a code *275-6 no waiver of NO-permit requirement. D EC EE V E MAY - 7 2026 Southold Town s ; Board of Trustees NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Blvtaton of 6nvlronrnantal Notmka,Rooion i SUNY;,Stony Brook,50 Circle Road,Many Brook,NY 11790 R(631)444-03651 R(631)444-0350 www.dpc.ny.gijv LETTER OF NO JURISDICTION TIDAL WETLANDS ACT September 24, 2021 Frank Kelly D U 120 Bayview Ave M AY - 7 2026 East Islip,NY 11730 Re: 1-4738-00542/00006 A Southold Town 1900 Peconic Bay Blvd. Laurel L Board of Trustees SCTM# 100-145-4-3 Dear Frank Kelly: Based on the information you submitted, the Department of Environmental Conservation (DEC) has determined that the portion of the property which is located landward of the existing bulkhead & boat ramp as shown on the survey by Jason D Leadingham dated 9/16/2021 is beyond Tidal Wetlands Act(Article 25)jurisdiction. Therefore,in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661)no DEC permit is required for work landward of these structures. Be advised, 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 precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundary and your project(i.e. a 15' wide construction area) or erecting a temporary fence,barrier,or hale bay berm. This letter shall remain valid unless site conditions change. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. There is no application fee for this letter of non-jurisdiction, so DEC will arrange for you to pick up this determination letter and the$200 fee submitted on 7/30/2021. i cere usa Ac erman Regional Permit Administrator cc: BMHP-TW File $200 application fee returned. Date zy Signature NewVORK 00pattmmflt of � �Nirr �flVlfoflfllmfltgl conemw®tlon SEMNGS SHORN HEREON ARE SAUD ON uaER I2778 PAGE 07s3 SYMBOL LEGEND O -, �7mvpn,a= O -CLE 0 ICSI ea: •y°sccl nr+Arac ®r..ac:Nul • aal.AD Dual,=aE ®wa Auu A.tnw0 n.c m mc,.,z rqV CA:Ir CA.r.,rfa MAY - 7 2026 o�+ WIWI.'If PA�I.I ®GAS.00 FE FENC[ L-W Pa[ (J GAT..uIIER uAS AAspm K rtvtt(PK) �A,IR w a 00',,.Ett {l 51pC.AGE fEsu f51K) 'k 4H gr5r aAi Yn00/ t� " —,— CNAAV t'Ax rCV({tCl1}0/N CN.AMWG C/I CELLAR E.Tq_Cr #:.,, Southold Town wAC fttiG[ R/0-W CAR nor RiOPArr. D.c ot•(sue cuaa ©A/G pA+r Board of Trustees ® CROSS Cut Got a',[R q.•a tbAE ® SB,C CA a W 1900-PECONIC BA Y BOULEVARD _ 107.00'(DEED) N69.29 b0"E 109.49'(ACTUAL) PLR `roCr Of � PAKYCNT_ — — —�N ————— 0/L! PVC FIN— 3 CNA:v r,A nr I se of uvx rrR RMP AD A —o e r y \c r _ P.O.B. PANC. f13' 3I :rORAU 9iN H � � R i GRAVEL D.-A-41 Qtc aoa 9'? R \ �y ��•QR �\ 3- V FN LOT 2 A / TII LOT Er v � � o rs b20 >=o T."Lo - (A) Storage Shed tQ 8'x10'x8' h ✓;/ (B) Office Trailer 28' PVC 3.3! o.a'r+ 0/ (C) Deck 1 OW 8' floating deck 562.08'00"Ar (DEED) S65'f4'20"i9 (ACTUAL) 8.00, ?/) FN r�r a GRAPHIC SCALE » to 20 LOT AREA Brushes Creek Marina Project s.3ea: ST. 0.19! AC 1 inch = 20 fL ��0L NEW y SCALICE GO LEA° SURVEY OF PROPERTY ' land surveying SITUATE LAUREL, TOWN OF SOUTHOLD O mjslandsurvey.com P:631-957-2400 SUFOOLK COUNTY, NEW YORK 050736•V��pe� OR.:MC CREW.:JT SCALE: I' - 20' TAX MAP NO O CA NO Sv 1000-14500-0400-00-NM OATS SURVErEO:09/16/2021 JO[i No.521-2735 VI Muo,r.Mv_PYr+•W'v y=w_,��,�-�� a�n w.+4�s v Y{w1 Irw,r. l Y f�ww Iu�ovlYio- A.w te.1D'A�.v:oM4�1 Mbn��v�p. o Mw M�y�FM w�lMw iV Y�spn'n�u,Mr wr ti'NM'IJYr w tv'1'�n"i 4�aF�M��'M�M mow,. � �"��tme�'�i'���raw'w•�'y:I�„w.��"�'r woca..wo,an r '' rvYA►w�'ni,.w v Ao.Aebo-I�wva�tl"ar.wN�lwi V M r w O M1 W'q 'M ww►•o nt rlCo-OM.w'ro r,.,o.I,u rr.eon ml rwr•r.,.mesa ...Anaw.Ia w sic ww n.r Iq'w ns'9n o on>r.+.•'vmu,wM.v rxw,w.o��I M a.+.•r:> r Trustee Matters E01� r r 1•yt MAY 7 2026 Southold Town Board of Trustees Acronyms of Importance The primary role of the Town Trustees is to administrate the codes that regulate and protect our salt and freshwater wetlands, bays, creeks, and surrounding areas for everyone in the community and those who will inherit them in the future. The following acronyms are frequently used in the Trustees office and are important for any applicant to know: CAC- Southold Town's Conservation Advisory Council. The Conservation Advisory Council, a committee of the Southold Town Board, is comprised of qualified members of our local community. They meet once a month to address environmental issues in the town and make recommendations to the Trustees. SEAR- New York State's State Environmental Quality Review process. The State Environmental Quality Review Act requires that the proposal is evaluated by the Trustees through criteria obtained from a form that must be submitted, as per State law, when an activity in the town is considered to potentially affect the environment. Through this review process many departments will scrutinize the proposed activity and decide if mitigation is necessary. LWRP-Local Waterfront Revitalization Program. The Town of Southold has recognized its shorelines as valuable natural resources and developed the LWRP to help protect them. Any activity in these unique areas will be reviewed by the LWRP coordinator. NYSDEC or DEC - New York State's Department of Environmental Conservation. The Department of Environmental Conservation is a branch of our New York State government. Any activity within 300 feet of the wetlands must be reviewed by the DEC. AY 7 2026 1900 1 Blvd _ . 71 9/19/2013 "' _ e►.. a _ yam �a:•y..i'�`� I�. �' � � � r +err�' • ♦ M4 f tI •� ..+ �� ��, ._• ; a 'i,�. `•.� .^ -����r� `w �'f •' .r am ��T+► y, •. ... I r AIM 40. a � w i `gam l► T Google Earth r ♦ ``' '. •� i • • ,�,�'� '' ,,. 70 ft 9/19/25,8:57 AM IMG_0637.jpeg . SWWA-Counts De p"mirent#jOlvalth Sen ie aik 7'2 1 ?u XXV. PUMP-OUT FACILITIES I. General When required, pump-out facilities for the purpose of emptying marl c vessel, bus, or. RV holding tank wastes shall be located in areas that are easily accessibl for proper operation, maintenance, or replacement. The construction of such facilities shall to et the requirements of the NYSDEC and all other applicable authorities where required. Pro '•i s fur pump-o facilities should be based upon the following guidelines: 2. Design Considerations a) Pump-out units mG, iancnt,iancnt,and should include a vacuum pump or a positive displaccio empty marine vessel and boat holding tank wastes. Pump-ourically or manually operated. If pump-out units arc electrically op . trical components must be explosion proof. and meet NEC requirements. b) All pump-out units shall be provided with a flexible suction hose and dripless no/Zle. c) All mechanical and electrical components must be adequately protected from freezing. d) Pump-discharge piping or force mains must be constructed of materials and.joints that meet water main standards. The force main may be constructed of Type 1, Grade 1, schedule 80 PVC sewer pipe,or PV(-'pressure rated SDR 18 pipe. c) All pump-out units should be provided with a nun-potable water service and an approved backflow prevention device for rinsing the onboard holding tanks. f) Holding tanks shall be located in accordance with Table 2 Section X1. ' g) The minimum capacity of any holding tank shall be 1000 gallons, but a greater volume may be required,as determined by the Department. h) Holding tanks shall be made watertight and leak tested to ensure tightness prior to operation. Maximum permissible leak rate is'/,inch in 8 hours. i) Holding tanks shall not have an outlet pipe but shall be provided with a hinged and lucking access port. A locking cast iron frame and cover shall be provided at finished grade over the access port. Huth the access port and access cover shall be watertight and insect proof. j) Holding tanks shall be properly vented,and shall be equipped with a liquid level float switch, high water level alarm and auto dialer or other acceptable automatic notification system. k) All mechanical and clectrical equipment shall meet the requirements of the NEC'. 71 C E V E - MAY - 7 2026 Southold Town Board of Trustees https://mail.google.com/mail/u/0/?tab=rm&ogbl#sent?projector-1 1/1 PETITIONER'S EXHIBIT under Doctor's care diabetic w/equipment note for stairs and railing Judge Stephen Hackeling denied may be reviewed Order Index No. 606203/2025 ® C V E This is O.S.H.A. required railing and stairs MAY - 7 2026 v~V Southold Town ' Board of Trustees <`x hhrthvwell Health" i i Name: FRANCIS J. KELLY Date of Visit: Apr 12026 Address: 12 BAYVIEW AVE MRN: 11/383947 EAST ISLIP, NY 11730 DOB: j09/03/1958 ` i i April 1,2026 RE: KELLY,FRANCIS DOB:9/3/1958 To Whom It May Concern: The above named patient is under my care for the management of diabetes. He needs access to a private location to inject his medication.Due to potential complications from his diabetes,he may also require access to equipment to help with his mobility,such as stairs with a railing. Sincerely, Courtney Nicholas,AGPCNP-BC Electronically signed by:COURTNEY L NICHOLAS,NP;Apr 12026 2:16PM Eastern Standard Time(Author) CC E u V MAY - 7 2026 iA - ti, Southold Town syy i3oard of Trustees `':'`�.,: 180 East Main Street,2nd Floor,Bay Shore,NY,11706,Tel(631)780-7800 Fax(631)780-7850 Dr. Nicoleta lonica, MD Endocrinology, Diabetes & Metabolism* diabetesendologs@northwell.edu A doctor's note is needed for handicapped access. Provide O.S.H.A.- compliant steps, a private area for insulin injections, and a resting place for individuals experiencing sugar spikes. �,� ROAT .,ems RENT ► = - 631166 "._.. ' Brushes arina,com 4 D M AY - 7 2026 7outhold Town 3 �, L?oard of Trustees : � Contact Advocacy Groups: Reach out to the American Diabetes Association (ADA) at 1- 800-DIABETES for specialized legal guidance on diabetes-related accommodations. Private area for insulin injections, and a resting place wlk r G m 1 � ® E C F V E MAY - 7 2026_a;HW r: Southold Town hoard of Trustees JOB SITE CASSONE TRAILER 28' picture take 3-30-2026 compost toilet/private area Contact Advocacy Groups: Reach out to the American Diabetes Association (ADA) at 1- 800-DIABETES for specialized legal guidance on diabetes-related accommodations. iginal,1 copy Administrative Permit Application 2 in total 1 Original, 2 copy survey 3 in total Original, 2 copy project plan must be to scale 3 in total Photographs project plan $500 fee for administrative wetlands permits. A pre-Submission request letter for a site visit. A letter of permission to enter lot by the Southold Town Trustees Officials MAY - 7 2026 t Southold Town :,= Board of Trustees "''' Brushes Creek Marina Inc 1900 Peconic Bay Blvd. MAY - 7 20M Laurel N.Y.11948 r. ' *x Southold Town Atten. Glenn Goldsmith Board of Trustees My name is Francis James Kelly, and I own Brushes Creek Marina, a commercial marina business located at 1900 Peconic Bay Blvd., Laurel, New York. I would like to schedule a pre- submission meeting to review plans for three structures to be placed on the site and review a ladder as well. (Zoning exemptions for minor structures, such as sheds or decks, typically allow them to be constructed without a building permit, provided they meet certain size, height, and setback requirements.) You have my *permission to enter the property, please call my cell phone at 631-291-2285 or email me at francisjkelly017@gmail.com before doing so. Summary of events review. On February 2, 2020 the board of trustees visited Marina and photographed this RV, but the town rejected it, stating that it falls under the jurisdiction of the building department. On March 12, 2026 Town of Southold attorneys stated that sheds, decks, and DMV matters are governed by code 275,"acknowledging a poor judgment call" by the town Attorneys involved - William Duffy & Scott Kreppein. pECE E MAY - 7 205 RESPONSE TO 3/12/2026 ORDER L? Dear Judge Dunst: Southold Town ,;zs Board of Trustees _, ti.5� On behalf of the Town of Southold, we respectfully submit the following responses to the inquiries in the Coto is March 12, 2026 Order. 1. Have Plaintiffs ever formally applied for a "permit" ... ? Not the correct type of permit from the correct agency. In a wetland, for any structure (which is broadly defined), they need to apply to the Town Trustees for a wetland permit. (Southold Town Code §§ 275-2 and 275-5. et seq.). The Trustees would then engage in coordinated review with other state and local agencies as needed for site plan approval, septic permits, building and fire code compliance, etc, Hypothetically, a change of use not involving a structure or altering the wetland would go directly to the Building Department, but may still require site plan review and/or variances. The "trailer permit" Plaintiffs have applied for is an application to the Town Board rather than to one of its land use agencies and is used to seek special permission to occupy a trailer home outside of a trailer park for temporary housing under limited circumstances. On April 7, 2016 the ZBA determined the property met the hardship rule and M 1 rezoning requirements, including uses from building permit 6898 (line #6) and fourteen slips (SEE PERMIT#6898). Only a basic permit was needed for the change of use. Permit under NYS Codes requires a handicapped- accessible parking lot for public safety, but this was denied, resulting in discrimination and possible fines to my business operation O.S.H.A. still has an open violation. March 20, 2026 1 am formally requesting an additional pre-submission meeting regarding the three structures previously approved by the Zoning Board of Appeals, Supreme Court Federal Labor Law, Southold Trustees, O.H.S.A., Suffolk County Labor Department, and A.D.A. • On-site parking and storage for an RV (under thirty feet), bait supply truck for tournaments, and an ADA- compliant area for insulin injections with proper documentation. Section 275-6 waiver required. • Installation of an 8' x 10' storage shed (8' height) for marina operations is verbally approved, pending compliance with the 10' side yard setback. Section 275-6 waiver required. • A 10' x 18' floating deck not attached to the ground for bug bite control is verbally approved for marina operations if all requirements are met. Section 275-6 waiver required. p ECE � WE MAY - 7 2026 Southold Town ;aS : Board of Trustees I .. I t i l ri rt3 �u�iye♦e I�i�i�'.ri�' I ! q 1 ' �.�-+� ; } I t � I t � s 1 F '.II.+,' G 1 � i 1 � -r ° I'}�, t. T. tl w 7rI�.r..vN1 tef Y. I n •I F { r' � i !:: 3. .jCiOf�n4.14 •�p r , i + It 1Rt + , 7 !lt'U e;w. yrM I ;. M p r � .L +.w• + 1 r i^ d -�a ( kp 1; �.� b�' ;iSll - 31 r ,"' V I 1}��(Af•'W 4"'r"1—i" 1 Y, K•�.:srn ' '",1.. 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MI S'd4 1 e t! 1 i yl•r a - 5 5•' rC'=7. kl 3 .t `' 9#..it yr't��ra..�,J�, ' h={ y 6P' �E a �� .ry 1 r� ' �� 5� i >•g}' { iti f `"fir ! �;d a (1F��� F'�♦��PS }� �.yr y 1. �tY Yrl t�t+. � A 3 •'�� 1{1. � J�fSJ 1 � 1 {� LI 1 �`. ! d r j. ( ]r. '� y„ 0.ty �^C,,,• 1 1 Y i �' r r 11 1 J. 3 e ;� 4 y t r 1 s � •h: 0 � : tt � i 1 jAl ruSi�g �t'ei +lar�a p^r'oj�ct r r ..'j�r•r y. 1[ 1'1 { 3:. 1 .€' i�.i. � t taw M1f"" rYrN�' ty 4 rr i r f' �.r,.sawSlff'� �t a 7 I '�ti.._' �M�. �t Ykt l� Ted v t 5t;,<•i rnC - r-`'t M ,'rit ':'l..;r'�S-dy - 3 ..!• {i y dct l s i I •Wl�,li til�'g1�t�r� ,a�'.1, 'i '.r �:. ��.��_�...� ki•v �.'. F l ;�•,�nx�� i� C�.. :i,��MiL ' t .INS W►�7`la tc y r} Y.,, i r� 5 It �� ,� �"P � _ +Ir+e++�%w.t,�xt' s«,...�rn.ii�l► *ea.a'v�:'M� ks+lw;a i �_ �z ,� ,#• � �> � �; -,"jlt 4 x .�`( 3+5'"�� �W�".€��l` 'r 'gC 7°, ,r-,:' Ilr'A j1 p.! ,•j , � r' i 4 �< % Ir v.aa r•'•'y-.�� :..16�It ]:.�-FE�-.1 a.� _Lr��S-",S 1Y ` It's a `. r Survey project plan 3-20-2026 MAY - 7 2026 Southold Town - Board of Trustees w rR. of ny . RECEIVED ®. • Subd►vision U�1 1� `` Flled Ivfap 3 _ :z� • �o� ocr 2 � Zo�Sl 2 State ewatu►g usa an d ocoupanay.of pram[ees end u►tendod use dnd ooaupnnry of proposad aonetr}t l S a Exisdng'useandoccupa►ioy ^^�"'' "� Q °4' 1°I St= PS KJ b ed use and oeaupai►ay inn;�� s BOARD QF APPEALS Intend 3 Nature of work(cheek wluoh app7►cable}�Iaw Puilaing u�/ h- Addition,W.I�_ Repair JU.14 Removal% Dnmolitiaa 1V.r+r Other Work (Deaori777 P, on 4 Esbmated Cost .. tA)b N Fs , Pee , 5. Ifdwail (To be paid on,fi mg this epplieatlon) aig,.numbor'of dwelling untta tN' Ki Numbor of dweAing units an each floor ►M,1 : If.garege-.`numbgr:ifcers �• • ✓6 Ifbusmess�commerccalarmixedoeaupancy apectiji`natureend�extsntofeachtypeofusal4ci-'rtre►r`:rt%er el;��s� � ._ T D eena o exist►ngatruatures,►fany FrontJ�) Rear ,ni G4. bepth W: iq. 1 h He Number,of stoles Dlrnenslone,of aeme'sttucture'with aiterationa or`addNlonsC Front i9< ti Rear CA) A, Dopth y.1 IA Helgitt � IA hllimber of Stories v1Fr 14. 8 DtineruIons'ofentironewconstnieHoaFmnt� 1 ar IN 14' Dopth o�11 i4 Height w1 Y�: Number of Stories_ P,W4 9 Size of lot Front 1 b7 1a 0L% BN; q'eo' wr�r f�t o F.S a 10 DatoofPurchase t7G t ?olif amoofFormerOwner �11Ardt&4 f►�CiRRvaY 'r-SkSAw,:S6f�l�tt- 17 Zone or uee`districfin'wlt{chpremisosaras_ituated lyl '° �12 Doea proposed wnnt►vatioa vioIete any zoning law ordinance of rogule4oa?YES NO� r 13 WI11 lot be re-grndedT YES IJO Wilt exeess.fill be reMay'a flrom iemrsns7Y6S Ut_14N0 N 14 f t4 Namasof0wnnrofpiamisesifiA��6!a`rw�G�iFY6Lpddmsslol8'(dSJE IP77 lioneAio 1 N�me otki4 stoat i h A'ddross phone No ; Noma of Coatraotor Address a SP}tone Nib s- i 15 a Is th►s property wittua t00 foot airs tidal wetland or,a kvihwster wetland?+YBC�LE O '►IF YES SOUTIiOLD TOWN TRUSTEES Br D E C FERMI MAY BE RBQ D t b]s:thls property'wlthtn,300 feetofa tidal vrettend9*.`,SIBS N0 •IF YP.S D B.0 PERMIT&MAY BE REQUIRED j 16 Provide survey to scale;w►th a T'lirae foundation plea and d�etences to property lineb 17 Ifelevation at'eny Pont on property is at 20 fbet or below moat provido topogrephicel data on sutvay "1 ` 18 Are there any covenanta',and rernriations with raspeot to this property?+Y83 IVO °�� p +IPYBS PROVIDBA COFX hw � �„ " STATBOFNBWYORK} SS o i being duty cwom.`depasab end soya that(else►s the eppUcant (Name of ind► ue l signing cotstras t):abova»asned � a.wn►�rt�. f I - 77, and la du[Y nuthortzed to make acid fde thss;epptieatIon tlsm ati etttedimts eontamed sn this epgtscgtsoa are lriia to the b6st of his ln►owlndge epd balii t 1+ Swam to befota meiE1.C 1Z®8 o!N York F YtttitNi �iOttfl� 4 /Vr f 1{ SttEtoiit ��aC � t IwIALIr(rffi8 a s v sk { t Building permit with a C.O. for M-1 USES 4-7-2016 ® C E Q IN E MAY - 7 2026 �K� Southold Town �; Board of Trustees UbtU x wy 0[ t'��`�-�iYa§�r� r�.:�'w,�}''�.c"?,.s��a ti wig.•� �trl�2llea� Fi II�� �rs��-x x�x + dewz J ...-°oS3wl144l awl '' FMA L At4D 0.0UN_ ' t wt�sl k�I c a t5r; ack flit"wkqv -mid r a, b lai Fitt Of CAW rmAlorist 100 Teat TOP.OFYSLVFP 1 SiniLwy, achl"g POW(Vez"Pcaiat) 1 DO� tv _--- - +a 1p aN F w r:r iruavtuFa�; � T9 Ual a Ch '775 Ctr: I i 9 _ SC,QRA Typca'U. .�.-:. UI 'Una # Ica$z 6 ymms.Y;N LOW by- =aa ro+l(Ilal ara lriix K 1 lr�rst lltr�t�11'a5 !_ til iasa,�l d forartt@ c� �aric�a� nP��l�rptltlinn�iarnli�nea��fi}of��a'+��Csl,'��rer g ry, I�t'w o'er I rw k. ut t., X++6'4 w I# sW4 c0o, 1 h3ruye read&cacknowfedgod[no kwoga;mq Trumina-D camm Trustees' Last visit on 2-5-2020 MAY - 7 2026 -Southold Town Board of Trustees � tb yeaw sit 4 W jig4�#•µ , 14 g,��a �Y vl�u�.. TE #5 �{�„ ��Yr�„ ��• till;J �345���+ RlB �NRG1it ! �iSv ICU Wfflt (Above) 10-4-2014 Trustee visit John Bredemeyer advised placing a doctor's prescription on the dashboard and using handicapped plates, but this approach was unsuccessful. I require a private area at work for insulin injections, recovery from sugar spikes, and shelter from heat O.S.H.A. approved a ladder and railing safety review The goal was to resolve the issue for both sides. (below 3-20-2026 ladder/rail safety requirement) a6�ntiiN ' � .Brushes .cam Y � MAY 7 2026 "" eu... Southold Town Board of Trustees 1 Original,1 copy Administrative Permit Application 2 in total 1 Original, 2 copy survey 3 in total 1 Original, 2 copy project plan must be to scale 3 in total Photographs project plan $500 fee for administrative wetlands permits. A pre-Submission request letter for a site visit. A letter of permission to enter lot by the Southold Town Trustees Officials p EC � � 1 � MAY - 7 2026 { Southold Town r Board of Trustees ' �- } M� 1 I Deck pictures south view above are at 12 o'clock on March 2nd, I a S =Y fi„• f k';S3'344"?sF" ' Pi k Yw ? Cassone storage shed 8'x10' by 8 feet high March 7, 2026 north view Right /left side MAY - 7 2026 Southold Town r v Board of Trustees T' N x yv t`r t t `rs f s !i s t v R 4 !$SOW a Fr Wi gfi v i F _ alb" - ,t;,-p.J - �,„ p�#'�45�r�`np�41�,.} r��d r`rk��.�u"x�'3 '��+•F��d�`* � r f,�'�fit'� �+ Y� . r fir' � J #� � 2-5-2020 Trustees site visit Objective The aim is to offer an ADA-compliant remedy and solution. While a permit is included for the shed and deck despite being informed that no permit was needed—a court 275-6 code waiver may be required, or perhaps a permit should be filed. Thank you, Glenn. I appreciate your help. ® E C E0 MAY - 7 2026 r Southold Town Board of Trustees , - - ••✓ .. / �\., eery,' \4 \ a \ / < e. \ o ` "y-vad`�. � / _ _ ../�.. — �\ �/ � .� ��� ,BOG �.`\a �♦ s ��\.;; , . \y `;:. �\ -.// •••\•\ \�`. E \'\ ." �\\, ,o>>\ \@\•`jam\'\� \4 ..�`. a/T"`�j��\\\' - // o ( v \� O Ew"n�m.�a°wwe+..0.K,e wnx�.erv,zm�u xuu w — ~'ter. •.+ ,z,wa�a,xu COUNTY OF SUFFOLK© N NOTICE E iwcx ro. Mo SECTION ND —�— Real l'r°peny Tax Service Agency ntrulr�.k.em*wN wzoa pia.... E W muemwaary xenon OF TIE Y xx r SGMOLD ry .—tt—__ — __v__ 100 Crnrarl),.t.9aM�o.(.N'llYUl iFftRK WUNfTTNtMM 6 tRCoe�tED N 145 D __.__ .s _—..—— e.e,.dr. (21) S c xx Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Thursday,June 25, 2026 11:12 AM To: 'francisjkelly017@gmail.com' Subject: Noticing Packet for Wetland Permit Application Good Morning, Your application for a Wetland Permit through the Southold Town Board of Trustees office has been scheduled for the July 15, 2026 Public Hearing date. The current meeting location for your public hearing is at the Peconic Community Center Auditorium located at 1170 Peconic Lane, Peconic, NY 11958. The meeting begins at 5:30PM. A noticing packet in regards to this public hearing is being mailed to your East Islip address today. All of the directions for noticing adjacent property owners is enclosed in the packet. Please be advised that there will be a July 8, 2026 site inspection where the five Board members need access to enter onto the property to view the existing and proposed (if any) structures with regards to your application. If any of the structures are not currently at the property, please stake out each area where you would like to place each of them for the site inspection. ECiza6eth Cantreff Administrative Assistant Town of Southold Board of Trustees Phone: (631) 765-1892 Fax: (631) 765-6641 1 Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Thursday,June 11, 2026 4:38 PM To: 'francisjkelly017@gmail.com' Cc: Hobson, Thomas; Goldsmith, Glenn;Johnson, Benjamin Subject: Trustee Application for the Property Located at 1900 Great Peconic Bay Boulevard, Laurel Mr. Kelly, The office of the Board of Trustees is in receipt of your application for the property referenced above, however, unfortunately the application fee was not part of your submission. As the Board of Trustees deemed your application to be a Wetland Permit type of application, and because some of the structures have already been constructed or placed on the property without first obtaining a permit from this office,there is an additional as-built fee due.The application fee for this application is$2,500.00(double the application fee of$1,250.00). Please mail a check to this office made out to Town of Southold for the as-built application fee ($2,500.00). Once the Trustees office receives said check your application can proceed. Currently your application could be slated for the Board of Trustees July 8, 2026 site inspections and the July 15, 2026 public hearing dates. If you are not available to attend this public hearing date,you could request to be slated for the August 5, 2026 site inspection and August 12,2026 public hearing dates. If there are any concerns with you being able to attend your public hearing on either of these months please let this office know in writing. If there is any more information/documentation the Board needs during their review of this application this office will reach out to you to request same in order to keep your application moving forward. Sincerely, Elizabeth Cantrell Administrative Assistant Town of Southold Board of Trustees Phone: (631) 765-1892 Fax: (631) 765-6641 i rjv so OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765 1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees Cc: Honorable Lori Hulse, Attorney From: Heather Lanza, AICP, Planning Director LWRP Coordinator Date: July 13, 2026 Re: LWRP Coastal Consistency Review Francis J. Kelly & Elizabeth G. Kelly, SCTM #1000-145.-4-3 This application is for the as-built 10'xl 8' floating deck against bulkhead, as-built 8'x10'x8' high storage shed, and as-built RV storage and parking and/or 28-foot-long office trailer. The proposed action has been reviewed to Chapter §268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the policies of the LWRP as follows: Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. A. Protect Significant Coastal Fish and Wildlife Habitat values from uses or activities that would: 1. Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effects of actions, which would result in a loss of habitat. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction The proposed action is inconsistent with Policy 4.1A, which encourages structures to be away from flooding hazards. The east half of the proposed parcel is within the FEMA AE high flood zone. The proposed action is inconsistent with Policy 6.2.A.1 because the Environmental Assessment Form (EAF) Mapper states that Brush's Creek is a designated Significant Coastal Fish and Wildlife Habitat. Development should be avoided near this wetland to maintain habitat values. The proposed action is inconsistent with Policy 6.3A which calls for compliance with the Town of Southold Board of Trustees laws and regulations because there are no wetland setbacks on the site plans submitted. The wetland setbacks must be properly labeled on a submitted site plan to determine if each structure meets the wetland setback requirements. The proposed action has been reviewed to Chapter §268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. 2 Glenn Goldsmith,President "�Q 00 Town Hall Annex A. Nicholas Krupski,Vice President � �/ .° 54375 Route 25 P.O.Box 1179 Eric S'epenoski Southold, New York 11971 Liz Gillooly Telephone(631) 765-1592 Elizabeth Peeples yb -Fax(631)765-6641 BOARD OF TOWN TRUSTEES YAY — 7 TOWN OF SOUTHOLD This Section For Office Use Onl' Southold Town = Board of Trustees ' Coastal Erosion Permit Application Wetland Permit Application Administrative Permit Amendment/Transfer/Exten io C_ Received Application: Received Fee: T Completed Application: vt.5 Incomplete: SEQRA Classification: Type I__ Type II Unlisted Negative Dec. Positive Dec. Lead Agency Determination Date: _ Coordination:(date sent): �LWRP Consistency Assessment Form Sent: CAC Referral Sent: AJ.N Date of[nspection: _ ? r _ Receipt of CAC Report: _Technical Review: Public Hearing Held: —� Resolution: Owner(s) Legal Name of Property (as shown on Deed): Francis J. Kelly & Elizabeth G. Kelly Mailing Address: 12 Bayview Ave, East Islip N.Y. 11730 / E-Mail address francisjkelly017@gmail.com Phone Number: 631-291-2285 Suffolk County Tax Map Number: 1000 - 145.00-04.00-003.000 Property Location: 1900 Peconic Bay Blvd. Laurel, N.Y. 11948 _ pole #8 right of gate (If necessary, provide LILCO Pole 4, distance to cross streets, and location) AGENT(If applicable): N/A Mailing Address: _ N Phone Number: N/A Email: N/A cf�' Sin 0'37c�� and of Trustees Applicati GENERAL DATA Land Area(in square feet): _16.75 — — Area Zoning: M-1 Previous use of property: COMMERCIAL MARINA Intended use of p p y�ro ert COMMERCIAL MARINA WITH A BUILDING PERMIT/C.O. ------ — Covenants and Restrictions on property? Yes —2_No If"Yes", please provide a copy. Will this project require a Building Permit as per Town Code? Yes _allo If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? Yes _E_No If"Yes", please provide copy of decision. his project MreC]}]lm any demolition as per Town Code or as determined by the Building Dept.? Yes X No Does the structure(s) on property have a valid Certificate of Occupancy? Yes FlNo Prior permits/approvals for site improvements: Agency Date ZBA-He�building department 4-7-2016 4-7-2016 Trustee/ NYS DEC rebuild 6-14-2005 6-14-2005 Trustee Pre Submission meeting 2-5-2020 2-5-2020 n/a No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency?_Ll_No_N_Yes If yes, provide explanation: Trustees installed a fence &Town issued a ticket 6' fence is 61" Trustees approved a handicap RV toilet use/Town issued a ticket tourist camp operation "no toilet allowed" Project Description (use attachments if necessary): shaped like an Indian head arrow built 1647 Brushes Creek Marina structure shed 8'X10' /RV storage & Parking 280-79 /Deck 10'X18' (Site inspection & reviews -"if" no permit is required under law (seasonal office trailer 28') "275-6 waiver." .P,re-submiss-ion determination y/n Brushes Creek Marina needs are covered under Trustee law/Federal Labor law ADA/ Suffolk/NYS Osha labor law Southold town Attorneys decided to build a Marina structure without the trustees or permits from the NYS DEC/ARMY CORPS./TRUSTEES as I am the only Marina on Record for this build? and of Trustees Applicati WETLAND/TRUSTEE LANDS APPLICATION DATA Federal & Supreme court was told town jurisdiction now say it's 275-Trustees Purpose of the proposed operations: Pre-Submission site determination "NO TOILET" rule? Brushes Creek Marina structure shed was approved 8'x10'x8 h /RV storage 280-79 & Parking handicap RV USED as bait supply truck under handicap sign "trustees approved" / RV and or (seasonal office trailer 28') 275-6 waiver y/n? M-1 if septic is on site overnight guess allowed this is the neighbor's complaint Area of wetlands on lot: 188' dock square feet Percent coverage of lot: 80 % Closest distance between nearest existing structure and upland edge of wetlands: _ 50 feet Closest distance between nearest proposed structure and upland edge of wetlands: _ 35 feet Does the project involve excavation or filling? ❑x No Yes If yes, how much material will be excavated? n/a cubic yards How much material will be filled? n/a cubic yards Depth of which material will be removed or deposited: n/a feet Proposed slope throughout the area of operations: _ n/a Manner in which material will be removed or deposited: n/a Statement of the effect; if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Provide protection of the water way (human waste) portable flushable toilet Provide U.S. Coast Guard records /communication as required for operations Provide a recreation area protection from bug bites which are common in the wetlands Storage Shed/Deck/RV and or (seasonal office trailer 28') 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. if additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part l -Project and Sponsor Information Francis J. Kelly & Elizabeth G. Kelly Name of Action or Project: Brushes Creek Marina structure project Project Location,(describe,and attach a location map):1000-145.00-04.00-003.000 1900 Peconic Bay Blvd. Laurel, N.Y. 11948 Brief Description of Proposed Action: Storage Shed/Deck/RV and or (seasonal office trailer 28') Name of Applicant or Sponsor: Telephone: C31-291-2285 Francis J. Kelly & Elizabeth G. Kelly E-Mail: francisjkelly017@gmail.com Address: 12 Bayview Ave, City/PO: State: Zip Code: East Islip N.Y. 11730 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑X ❑ may be affected in the municipality and proceed to Part 2. if no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: ❑ ❑ The action requires NO permits M-1 zoning Law 3.a.Total acreage of the site of the proposed action? 1/8 acres b.Total acreage to be physically disturbed? n/a acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? n/a acres 4. Che 1 land us at occur on,adjoining an ar the prop action. UUrban LJRural(non-agriculture) Industrial Commercial ©Residential (suburban) Forest [:]Agriculture Aquatic QOther(specify): Parkland Page I of 4 5. Is the proposed action, NO YES I N/A a. A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO M landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: A ` ❑ U s L 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ` 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 0 ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 0 ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: L `t- U IF 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? 99 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b. Would the proposed action physically alter,or encroach into, any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. ntify the typic bitat types that oc n,or are likely to be found on tlMroject site. Check all that apply: Shoreline Forest Agricultural/grasslands Early mid-successional Wetland Urban ESuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO If Yes, a. Will storm water discharges flow to adjacent properties? 121NO DYES b. Will storm water discharges be directed to established conveyance systems ff an m drains)? If Yes, briefly describe: 1O YES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond, waste lagoon, dam)? If Yes,explain purpose and size: � ,� �� ��� ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: F ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spo or name: FrancisJ. Kelly & Elizabeth G. Kelly gate: �j �2 ign`ature: .— Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate A "lead agency" is the public agency that has the principal Small to large impact impact responsibility for carrying out or approving a project. may may occur occur l. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? EL 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ i. EI- Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ ❑ establishment of a Critical Environmental Area(CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or El ❑ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a. public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ EL or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? El EJ 11. Will the proposed action create a hazard to environmental resources or human health? part 3':-Determination of significance. The-Lead Agency.is responsible for th'e completion of part 3. For every question in Part 2 that was answered"moderate to large impact mayoccur,"or if there is a need 4o explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. FJCheck 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. Town of Southold-Board of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 and df-Trustees Appli.cati,`--, AFFIDAVIT ; Francis J. Kelly & Elizabeth G. Kelly BEING DULY SWORN 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. Francis J. Kelly Elizabeth G. Kelly �Sigriature ofProperty ,:per Signature of-Propeil Ova en F SWORN TO BEFORE ME THIS J S1 DAY OF I L( ,20 ZCP otary Public ASHLEY TOWELL NOTARY PUBLIC,State of New York No.01TO6367052 Qualified in Suffolk County Commission Expires Nov 13,20� and of Trustees Applicati AUTHORIZATION (Where the applicant is not the owner) e, "Authorization N/A , owners of property identified as SCTM# 1000-_ i in the town of .New Yor reby authorizes to act as my agent and handle all necessar ork involved with the application process for permit(s) from the So ld Town Board of Trustees for this property. Francis J. Kelly Elizabeth G. Kelly n/a n/a .roperty„Owner's Signatur groerty Owner's,Signature SW TO BEFORE MET DAY OF , 20 Notary Public APPLICANVAGENVREPRESENTATI VE TRANSACTIONAL 1*CL0SURF, . RM The Town of Southold's Code of Ethics'prohibits conflicts of-interest on the part of town officers and emaloYees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Kelly, Francis J. & Kelly, Elizabeth G. (Last name,first name,diddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building X Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map X Planning Other' cif"Other%name the activity. rushes Creek Marina v Brushes Creek Archery who mapped my property into their park and tried to get rid of the Southold Town Trustees by force Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood, marriage,or business interest."Business interest'means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO Ru If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _aA)the owner of greater than 5%of the shares of the corporate stock of the applicant _n (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the -Rapplicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Brushes Creek Marina v Brushes Creek Archery ASHLEYTOWELL both businesses com letina on the same waterway less then 100 feet a NOTARY PUBLIC,State NewYo�: p wY No.01 T06367052 Qualified in Suffolk County � :Commission Expires Nov 13,20I, Submitted this day of 20 �yv� Stgnatur`e ---- �S Form Print Name TS wr m IN IN I, Francis J. Kelly & Elizabeth G. Kelly cxz- Glenn Goldsmith, President O��SOFFOC,�-COG Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 Eric Sepenoski co a P.O. Box 1179 Liz Gillooly 0 • ,� Southold,NY 11971 Joseph Finora 'y p0 Telephone(631)765-1892 ©1 � ` Fax(631)765-6641 x BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD AS PER CHAPTER 55 OF THE SOUTHOLD TOWN CODE (ENCLOSED), BELOW ARE THE TWO ADJACENT PROPERTY OWNERS THAT MUST HAVE A CERTIFIED RETURN RECEIPT MAILING SENT TO THEM THAT CONTAINS THE ENCLOSED"NOTICE TO ADJACENT PROPERTY OWNERS' FORM (TO BE COMPLETED BY THE APPLICANT),AND A COPY OF THE SITE PLAN SHOWING THE STRUCTURES YOU ARE APPLYING FOR. 1. JAMES MURRAY P.O. BOX 305 LAUREL, NY 11948 2. JEROME MORRISSEY LINDA MORRISSEY 47 KNOLLWOOD ROAD ROCKVILLE CENTRE, NY 11570 THE CERTIFIED RETURN RECEIPT MAILINGS TO EACH OF THE TWO PROPERTY OWNERS MUST BE SENT VIA USPS NO LATER THAN END OF DAY TUESDAY,JULY 7, 2026. ONCE THE CERTIFIED RETURN RECEIPT MAILINGS HAVE BEEN RECEIVED BY THE USPS,THE "PROOF OF MAILING NOTICE" FORM IS TO BE COMPLETED AND SUBMITTED ALONG WITH ALL OF THE CERTIFIED MAILING RECEIPTS FROM THE USPS TO THE BOARD OF TRUSTEES OFFICE NO LATER THAN TUESDAY, JULY 14, 2026. FAILURE TO SUBMIT ALL PAPERWORK BY THIS DATE MAY LEAD TO A POSTPONEMENT OF SAID PUBLIC HEARING. ANY SIGNED CERTIFIED RECEIPT POSTCARDS THAT YOU RECEIVE CAN BE SENT TO THE BOARD OF TRUSTEES OFFICE AT YOUR EARLIEST CONVENIENCE. THESE POSTCARDS ARE NOT REQUIRED TO BE SUBMITTED PRIOR TO THE PUBLIC HEARING DATE. THE "NOTICE OF HEARING" (GREEN) DOCUMENT IS TO BE POSTED WHERE IT IS VISIBLE & READABLE FROM THE STREET. THIS DOCUMENT IS TO REMAIN ON THE PROPERTY FOR SEVEN CONSECUTIVE DAYS PRIOR TO THE PUBLIC HEARING DATE. THE "AFFIDAVIT OF POSTING" FORM IS TO BE COMPLETED AFTER THE"NOTICE OF HEARING" DOCUMENT HAS BEEN POSTED ON THE PROERTY FOR PUBLIC VIEWING FOR NO LESS THAN SEVEN FULL CONSECUTIVE DAYS. THE "AFFIDAVID OF POSTING" FORM IS TO BE SUBMITTED TO THE BOARD OF TRUSTEES OFFICE NO LATER THAN TUESDAY,JULY 14, 2026. FAILURE TO SUBMIT THIS FORM BY THIS DATE MAY LEAD TO A POSTPONEMENT OF SAID PUBLIC HEARING. Board of Town Southold Trustees 54375 Route 25!''P.O. Box 1179 Southold N.Y.11971 Dear Trustees of Southold I respectfully request that the public and April Horn be added to the Trustee hearing scheduled for July 15,2026. f also ask that 1, ran—c s"3ames Kelly,facility.roanager anct owner of Brushes Creek Marina Inc., be included in the process because.l remain subject of a Supreme Court order and an unresolved OSFfAworkplace.safety matter involving Suffolk County labor Law safety issues at the address below. Brushes Creek Marina is located at 1900 Peconic Bay Boulevard,f,a.urel;blew;, York,SC'T'M #1000-145-4-3. I also request review by the Suffolk County Department of Healthy whiokt holds hea€ings on variances,waivers,and appeals involving Sanitary Code requirements for[ma€inas My R.U.park model office structure on wheels was installed ort February 6,202g" at a cost exceeding one hundred thousand dollars, in.response to concerns about the neighborhood's character.Three Iyears later,l was required to remove the structure, ` which raised issues related to marina Sanitary Coefe requiremenfs Seeause tourist camp buildings and operations also fall under the Department of H6l ittt rs l risdictiori,_t respectfully request that.these matters be reviewed as part of this proceeding This review should€also Consider the apparent tack of in�coluerrtenl the Soars of Southofd Trustees,ds-W I as acftons#aken by the Town Attorrt f?ffioe'wit out due process o€;any remedy from Tani of Southofd officials,clespfte'te Sttfdirii s Department issuance:of a certificate of occupancy by nspeciw� ry \ Thank you far your consideraftort vY -; x t .��a��y�^�'rc t z Div �� �. •a "�`<c� , r� n Extra Serv�t e Ertl ❑ReturrKFetcfCpio ❑Cert�f��(�1� e��rt`�Gf �Y�ft�`e ��� ����� t r � � ��, ���,� �� �� ���t� �� ,�'�1 EjAdutt 5autFtCrgit ; a � � � ElAdulru t LJ7 [Postag r � z Ov VJ PT toy ter Im"S wry ' 0ey sY1 �Fi+U1WaCA4tl� t,s 4., \ �,*,5r�2' f ,��1 ��• 77 r ` ; Tint h , . �, s< 7 } d Y i e ^& K � IIE ypp I � row ME f i j z 00 \ ate' lY � � ' 7 1 e'er10 3 t SO L l i" a ''t s CL dul Nt i F �MMW1M1Yi11iMiYk � r� 3 R -Y Y ,.'sfi *QAw ti j co «C 0 � �� � OL .. 71 ru � l (13Am A mm .r . s �„ ', 'A i 9 ` _ I , 1 � l3rushes Creek Marina Inc. IVE?'CtCE Tt AD�N 1 PROPERTY OVIINER BOARD OF TRUSTEES' TOWN OF SOUTHOLD In the matter of applicant: Marina owner operator's Francis J. Kelly&Elizabeth G, Kelly 1000-145 4 4 SCTM#; YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Perrmit from the Egad of Trustees to: Install as built 10'x18'floating deck 8'x10'xW Storage steel shed w/roll up doors RV&Storage off street parking ZONE M-1 f eod617,81T9 1-Cassone 28'office Trailer accessory use categary,Manna tYS buiCltng cods; 2. That the property which is the subject of Environmental ReVrew is;opated adjacent to your property and is described as follows. M1 Commcral/iesiderrtal zoned Locatian:.19C10 GREAT PEGONIC BAY BOULEVARD,'t AUREt N`f .. 3. That the project u+nc�h is subject to Environmental Revrevv under: hapters 9,6,111 andlor 275 rrf,thdTown Corte Cs open to public�oriment o r on- BATE: July 1:5ti 2f}26 ' t k You may contact tte Trustees Office at 75 1892 or rn wntrng The abovs-referenced proposal rs_under roureuv of the Board of Trusteesof the Town of. 'sotitholc!acid doEs t7ot refturence any tither a extoythat thrght haue to reuCe rsarne proposal. PIR 13ERTY,01�iNEF� NA 1 Francts,t Ka ly pry Elrzabettt G Kelly MAILING ADDR�y�S ` 1�OQ t�acartr Ba Blvd I-aureC l 1 ` r AGENT z.K..�.✓ -''� aYz. Y'���,e `�� "fi;> E^ s`' ti� , `�,� h��xwS.�v.z y.�z, y�" �C:�' ��''�1 C; t S r � r f 2 t S 3Ca �riy.gY �,,''.d`u^$3"'`"`�� s➢X"v P,P� `°`�, ' P Jurat Notary Certificate(Only for use in AR,AZ,CO,CT,CSC,DE,GA,ID,IA,IL,KS,KY,MA,MD"me, MN MO,MT,NH,NJ,NM,NY,NV,INC,OH,OK,OR,PA,RI,SC,TX,UT,VA,WA)' Document Name: e� STATE OF fj2 �0' COUNTY OF (County where notarization occurred) Subscribed and sworn before me one y da of (name(:: of sign o per ait a y ppeared before d (is personalty known tom r whose identify was proved on the'basis o�satfsfactory�uitfence�t�be�he:persan whose name is subscribed to in this document. JASON GRABISCH Notary Public-State of New York No.01 GE46438805 Oualifled in Nassau P-County SigrlcYturr ttf rrotpr ubtie My commission Expires Aug. 2026 N�sfa Pntafic Official Seal My corrirrttssfgn ePtres " :2+ Personally known Produced -----� 7 rH 7; 5 x xL� `i`i'Ua.�,Y rlx" +,. r �. !i�,,��'�'�. �,� ice` sb°ti',ay i�-��n.7,y✓� v +,.C -s�c.� �"" Ste,sum y� , a t RC �S� f Gfer�rj Goldsntich.i'resider�c �r,�yF Q ;� qwn�faEY Mriex A, ;cholas Krupski.Uice President � '54375 Ratite 25 s Eric 5epennsf.r P U Box 1 179. Liz Gillnr�l JWC �u(iU S(tihaid,NY !l9t t ate 25� Jpse it Finer ele ftone td f 765-19� p � a;(631}765-66 1187 HOARD OF TO, CI7 t15I i�5 "WN O OMHC)ILD' s of Sc � ques BC3 R } r2ClSl i S E WI C ~SOUTI-IOLD �itry f cr Itt file batter aftt e ppticatta �l O e 'jo °COMITY C} SC1FELK' Nfaa TA 7 OF N yw :,yoP viet�I r1 w du PONOT �}d�t LN-A'A E E1R' t7' i .4S7`S f�E1V 17AYS +!� 1d ' X ��tr� i 9�l�X�` SIT t 6f8 r' being clue sorrtx ctzpose arch d g That on t[ie dad a ,2 petsc�na[ltet �*ftrert known-a5 4 r con bypl s[i beseenc tie t,. sir°ee Mn A in oCace for se�reri,das trrzr[edtaerecedlr[ dlluteea [ bate e hearisrg rtatecere_n .. ' i �o be held Wttrr� d Ott � 4� r> t NOTICE iAflIC fftANCJs io-ttvd<t1,11A i nt�,xucv tt W tl i{.vr ttt 4t r tler.' sob Ikl 1 t bolt SxtOxt t.Et xWIlt AV giur 1I IcS Jr,rfi i tt, r»w cu tort,[l0u<rc,rtE rrUrim 4g,ry Poattuv.�1, xj r ey s�1 �*., '� f ` y T #•,�Zof cbOOG H(APING:P111111 11,V.luty t5,2t��`64ae. s d Sa r a { t a s � H Ad Content Legal Notice# 21939150 NOTICE OF HEARING Notice is hereby given that a public hearing will be held by the Southold Town Board of Trustees at the Peconic Com- munity Center Auditorium, 1170 Peconic Lane, Peconic, New York, Concerning the property. OWNERS OF RECORD FRAN- CIS J. KELLY & ELIZABETH G. KELLY SUBJECT OF PUBLIC HEAR- ING: For a Wetland Permit for the as-built 10'x18' float- ing dock against bulkhead,as- -built 8,X10rX8' high storage shed, as-built RV storage and parking and /or 28 foof long office trailer. Locat- ed: 1900 Great peconic Bay Boulevard, Laurel, NY SCTM#1000-145-4-3 TIME & DATE OF PUBLIC HEARING : Wednesday July 15, 2026 at or about 5:30 pm if you have an interest in this project, you are invited to view the town files which are available online at www. southoldtownny.gov and/or in the trustee office until day of the hearing during nor- mal business days between the hours of 8a.m. and 4p.m. BOARD OF TRUSTEES TOWN OF SOUTHOLD (631) 765-1892 NEWSDAY PROOF Advertiser: FRANK KELLY Agency: FRANK KELLY Ad Number: 0021939150 Start Date: 07/09/2026 End Date: 07/15/2026 Price: $1 ,249.50 Ordered By: Legaladv@newsday.com ,NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic, New York, concerning this property. OWNER(S) OF RECORD: FRANCIS J. KELLY & ELIZABETH G. KELLY - SUBJECT OF PUBLIC HEARING: For a Wetland Permit for the as-built 10'x18' floating deck against bulkhead, as-butt 8'x10'x8' high storage shed, and as-built RV storage and parking and/or 28-foot- long office trailer. Located : 1900 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-145-4-3 TIME & DATE OF PUBLIC HEARING: Wednesday, July 15, 2026 — at or about 5:30P.M. If you have an interest in this project, you are invited to view the Town file(s) which are available online at www.southoldtownny.gov and/or in the Trustee Office until to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES *TOWN OF SOUTHOLD * (631) 765-1892 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM; A. INSTRUCTIONS Pre-Submission meeting permits determination not yet made I. All applicants�_'for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except min or'exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,.the preparer of this form should 'review the exempt -minor action list, policies and explanations of each policy,contained in the Town of Southold Local Waterfront Revitalization Program_; A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail,, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 145.00- -04.00- - 003.000 PROJECT NAME Brushes Creek Marina structure project The Application has been submitted to (check appropriate response): CODE 275 only X Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Souihold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit,approval,license,certification: ❑ Nature and extent of action: Brushes Creek Marina structure shed 8'X10' /RV storage & Parking 280-79 and or (seasona office trailer 28') /Deck 10'X18' Site inspection & reviews -"if no permit is required under law 275-6 waiver court ordered a site visit and determination Location of action: 1900 Peconic Bay Blvd. Laurel, N.Y. 11948 Site acreage: 1/8 Present land use: marina Present zoning classification: M-1 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Francis J. Kelly & Elizabeth G. Kelly (b) Mailing address:_ 12 Bayview Ave, East Islip N.Y. 11730 (c) Telephone number: _ 631-291-2285 Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ If yes, which state or federal agency? _ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable Policy !) Protect and improve water quality and supply in the Town ot Southold. Provide for public access to, and recreational use Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No Not Applicable # - $ $ & 1 $$ (## & " $#$ ( # ' *o/ . $ # $ # & # $ of # o " $ ## " 1 -0 o ! ( -/0/ o 11$ if o$+ . , , $"o#$ ## s " & # Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No IN Not Applicable Attach additional sheets if necessary .Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes ❑No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No NJ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye❑ No Not Applicable Attach additional sheets if necessary i WORKING COAST POLICIES` Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No Not Applicable #! Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No El Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No❑ Not Applicable PREPARED BY ��' Gw (���� "V W TITLE-0 W DATE 3�-20 0