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TR-6887
Jaines F.King,President �QF SQ(/ry Town Hall Annex Jill M.Doherty,Vice'-President �A� �1�© 54375 Main Road P.O.Box 1179 Peggy A.Dickerson . Southold,New York 11971-0959 Dave.Bergen G ' • O Telephone(631) 765-1892 Bob Ghosio,Jr. IyCQU ,� Fax(631) 765-6641 \: , BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0411 C° Date April 7, 2009 .THIS CERTIFIES that the complete removal of the existingdocking fgLacility and five (5) pilings and construction in-place of a 3'X 16'ramp onto a YX 3 F fixed dock with a 3'X 12' seasonal ramp onto a 6'X 20' seasonal floating dock secured by 2-6"dia. anchor pilings; .installation of electrical service; two(2)lights on the landward end of the,dock and one(1 light on the seaward end, and installation of water service at dock At `980 Deep Hole Dr., Mattituck Suffolk County Tax Map#115-12-14 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 4/9/08 pursuant to.whieh Trustees Wetland Permit#6887 Dated 1/21/09 was _issued and conforms to all of the requirements and conditions of the applicable provisions of law.The project for which this certificate is being issued is for the complete removal.of the existin docking facility and five(5)pilings and construction in-place'of a 3'X 16'. ramp onto a 3'X 3 F fixed dock with a 3'X 12' seasonal ramp onto a 6'X ZO' seasonal floating dock secured by 2-6" dia. anchor pilings; installation of electrical service; two 2)lights on the landward end of the dock and one.(1)"light on the seaward end, and. installation of water service at dock.' . The certificate is issued to LORRAINE WENDT owners of the aforesaid property. O Authorized Si ature. • J i James F. King,President SUUr Town Hall Jill M. Doherty,Vice-President ��� Ol0 .53095 Route 25 Peggy A.Dickerson J�[ P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen G ,r Bob Ghosio, Jr. �Ol� �Q Telephone(631) 765-1892 COU '� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction Y2 constructed . Project complete, compliance inspection. J �- �"r<<// /lri� w're rr•r:- r, i Y r•• s:-�y,i3'..-�.. .�N♦rrF ._ ...♦r0 INIII MEN BOARD OF SOUTHOLD TOWN TRUSTEES f SOUTHOLD`,NEW PORK PERMIT NO. 6887 DATE ,January 21,2009f . 'A �� r .. rl•Ir ISSUED TO::L.ORRAINE WENDT � tip•. k PROPERTY ADDRESS:980 DEEP HOLE DR.. MATTITUCK Illel SCTM#115-12=14 ` � t ;,Ir•1 r ,AUTHORTLMON •rl•, Pursuant to the provisions of Chapter 275 and/or Chapter I I I of the TownCode of the Town of ; ` Southold and m acoordanoe with the) ` the rtion.of the Board of Trustees adopted sted at the meeting, held on c solu May 21,20 iooaphcatlonfee inumf500 00 paid by Lr raned s tn Wendt arid`sub9ect`to the�Terins and'Coriditions'as stated m the'Resolution the Southold Town Board of Trustee authorizes and permits the following' , =a: 5 r Wetland Permit to completely remove the existing dock s&uicture and five (5) l I pilings; construct in-place_a 3'X 16' ramp onto a 3'X 31' fixed dock with a.3'X'12' seasonal wooden tramp onto a 6'X 20':seasonal floating dock secured b 27C'.' dia. anchor 1 :;r A pilings; provide electric service; install two (2) ights on,the.landward,end of the dock an - r, Y one (1) light on the seaward end, and install water service at dock, all to conform with. Chapter 275-Wetlan'ds;:andi'all:as_,depicted:on-:the plans prepared.by_•Costello.Marine. Contracting Corp►=last datedSeptember 30 �20.08 ,ode t IN.WITNESS WHEREOF,the said Board of-Trustees hereby causes•its Corporate Seal be affixed, and.these presents to be subscribed by a majority of the said Board as;of.this date. W' s . A e Siejlelele eie1,1�."��,r' '� r../ 1,lelils ��r ,r1 A�i:r Iri 11 1 1� '�l./ll 11Ni`i!f E- .11/ 11iir..." - .ill 111�1 ri ' 'n'.- -v,-.,.� •�Sr d:«� Zy�ti�e re.2:r A.r•��w.. _ :S/;EQ:r TERMS AND-CONDITIONS The Permittee;Lorraine Wendt residing at 980 Deep Hole Dr.,Mattituck,NY,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 coinplefe exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid until April 30,2009,which is considered to be the estimated time required to complete the work involved. 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 rion-coixipI"ince with the provisions of the originating app1icatiori may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as'a result of the work herein authorized. 6. 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. I 7. 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. 8. That the said Board will be 'notified bythe Permittee of the completion of the work- authorized' 9. 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. James F. King,President Q� SO!/r�o Town Hall Annex, Jill M.Doherty,Vice-President ,`O 1 54375 Main Road - P.O.Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G Q '�► • O Bob Ghosio,Jr. Telephone(631) 765-1892 0 � �y`,ou'M'� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 21, 2009 Ms. Lorraine Wendt 28 Fiddler's Green Dr. Huntington, NY 11743 RE: 980 DEEP HOLE DR., MATTITUCK SCTM#115-12-14 Dear Ms. Wendt: The Board of Town Trustees took the following.action-during its regular meeting held on Wed., May 21, 2008 and on Wed., January 21, 2009 regarding the.above matter: WHEREAS, LORRAINE WENDT applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland, Ordinance, application dated April 9, 2008, and, \ WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 21, 2008., 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 proposed structure 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED,.that the Board of Trustees approved the application of LORRAINE WENDT to completely.remove the existing dock structure and five (5) pilings; construct in-place a 3'X 16' ramp onto a 3'X 31' fixed dock with a TX 12' seasonal wooden ramp onto a 6'X 20' seasonal floating dock secured by 2-6" dia. anchor pilings; provide electric service; install two (2) lights on the landward end of the dock and one (1) light on the seaward end, and install water service at dock, all to conform with Chapter 275- Wetlands, and, BE IT FURTHER RESOLVED that the Board of.Trustees Amended the project description at their Regular Meeting held on January 21, 2009 to reflect the changes as depicted on the plans prepared by Costello Marine Contracting Corp. last dated September 30, 2008. Permit to remove the existing non-permitted structure and to complete the proposed docking facility will expire on April 30, 2009. A final Inspection is, required at a fee of$50.00 per inspection. (See attached schedule.) FAILURE TO COMPLY WITH THE TERMS OF THIS PERMIT WILL RESULT IN FURTHER ACTION BY THE BOARD OF TRUSTEES. Fees: $50.00 Sincerely, f� 1 /iJ James F. King, resident Board of Trustees ` JFK/Ims James F.King,President OF SO!/j Town Hall Annex Jill M. Doherty,Vice-President 01 54375 Main Road Peggy A. Dickerson P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen G �r Bob Ghosio,Jr. �Q Telephone(631) 765-1892 COU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: LORRAINE WENDT Please be advised that your application dated April 9, 2008 has been reviewed by this Board at the regular meeting of May 21, 2008 and January 21, 2009 and your application has been approved with the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) Y2 Constructed ($50.00) XX Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee is due at this time. TOTAL FEES DUE: $ 50.00 I d BY: James F. King, President Board of Trustees James F.King,President �QF sorry Town Hall Jill M.Doherty,Vice-President O ��� 53095 Route 25 Peggy A.Dickerson t P.O.Box 1179 Southold,New York 11971-0959 Dave Bergen cis Bob Ghosio,Jr. �Q Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 2, 2008 Ms. Lorraine Wendt 28 Fiddlers Green Dr. Huntington, NY 11743 RE: 980 Deep Hole Dr., Mattituck SCTM#115-12-14 Dear Ms. Wendt: On May 21, 2008 the Board of Trustees granted you a conditional approval of your dock application pending the completion of detailed plans and completion of the work within 90 days from the date of the letter. As per your telephone conversation with Trustee Jill Doherty, and at your request, our office contacted Costello Marine Contracting Corp. and provided them with description of the approved dock on September 30, 2008. At this time, the plans have not been received by our office and the illegal docking facility still exists on your property. In order to avoid further action by this Board, your immediate attention to this matter is required. Please be advised that the Town reserves the right to commence an action to force removal of the structure. Please contact our office if you have any questions. Very truly yours, r )James F. King, Pre dent Board of Trustees JFK:Ims Cc: Lori Hulse, Assistant Town Attorney ent-Via`Cer ifiedYM5i1 James F. King,President �oF sorry Town Hall Jill M. Doherty,Vice-President ,`Q ��� 53095 Route 25 P.O. Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen N Bob Ghosio,Jr. �� Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 21, 2008 Ms. Lorraine Wendt 28 Fiddlers Green Dr. Huntington, NY 11743 RE: 980 Deep Hole Dr., Mattituck SCTM#115-12-14 Dear Ms. Wendt: Please be advised that your application dated April 9, 2008 has been reviewed by the Board of Trustees at their regular meeting held on Wed., May 21, 2008, and your application has been approved pending the completion of detailed plans depicting the following: To remove the existing docking facility and replace with a 3'X 47'catwalk, 3' ? above grade, using non-treated lumber on the decking, and 6"piles centered 10'apart, . the landward end of the dock shall be no more than 55'from the dwelling with one hand- rail, install a 3'X 12'ramp, and a 6'X 20'floating dock in a "T"configuration with 2-6" piles securing float in place. A final inspection will be required and the inspection fee in the amount of$50.00 is due at this time. You will receive your permit upon approval of the revised plans and receipt of the inspection fee. All work must be completed within 90 days from the date of this letter in order to avoid further action by this Board. Very truly yours, James F. King, Preside Board of Trustees JFK:Ims ✓Zc: Lori Hulse—Town Attorney ,/Sent Via Certified Mail Fam Offense Local Criminal C o u. , DEFENDANT RELATI NSH P TO ALLEGED VICTIM CC#: 07-3823 TOWN OF SOUTHOLD ALLEGED VICTIM(RELATIONSHIP TO DEFENDANT ARREST#(s): VIOLATION INFORMATION STATE OF NEW YORK Lorraine Wendt) Defendant COUNTY OF SUFFOLK DOB 10/19/37 rx TOWN OF SOUTHOLD Name (Complainant) Police Officer Andrew C. Epple Jr. Shield # M-3 of Southold Town Police Department, 41405 State Route 25, Peconic New York 11958 being duly sworn, says that on or about Friday, May 09, 0200, at about 10:16 am., at 980 Deephole Drive, in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, the defendant, Lorraine Wendt , DOB 10/19/37, of 28 Fiddlers Green Drive Huntington NY11743 OAO,'jgfully, intentionally, knowingly, committed the offense of : Count# 1 Section Mt&-i6 failed to comply with the conditions of a permit of the Southold Town Code. Count# 1 Particulars In that: The defendant, at 980 Deephole Drive, Hamlet of Mattituck, Town of Southold, Suffolk County, New York, on or about Friday, May 09, 0200 at about 10:16 am, Failed to comply with the conditions of a permit in that, IN THAT THE DEFENDANT DID CONSTRUCT A CATWALK APROXIMATELY 16 FEET LONGER AND 1 FOOT WIDER THEN PERMITTED This complaint is based on (personal knowledge) & (information and belief), the source being Ina*ritten instrument,any person who makes a false statement which such person does not believe to be true has committed a crime i"nde,r•the laws of the State of New York punishable as a Class A misdemeanor[PL Sect.210.24]. Affirmed under penalty of perjury this Friday, May 18,2007 Antone Surozenski Shield # 116 Police Officer Andrew C. Epple Jr. Shield#M-3 Complainant SIGNATURE OF OFFICIAL ADMINISTERING OATH Complainant Signature .Police Sergeant, Town of Southold TITLE +44 Page 1 of 1 I a4�gOFQ(,i-cO Donald Wilder,Chairman y Town Hall,53095 Main Rd. Lauren Standish,Secretary %jno P.O.Box 1179 • '� Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 14, 2008, the following recommendation was made: Moved by Glen McNab, seconded by Don Wilder, it was RESOLVED to NOT SUPPORT the Wetland Permit application of LORRAINE WENDT to rebuild the as-built docking facility by removing three mooring piles, reducing the width of the fixed dock to 3', and reducing the pilings for the dock to 6"X 6" posts. Located: 980 Deep Hole Dr., Mattituck. SCTM#115-12-14 Inspected by: Jacob Smith, Scott Worth, Glen McNab, Peter Young The CAC does Not Support the application and recommends the docking facility is removed and the area restored. Vote of Council: Ayes: All Motion Carried llDoherty,President � P.O.Box 1179 Jill Vice-Pesident Southold,NY 11971 Peggy A.Dickerson y - Telephone(631)765-1892 Dave Bergen Fax(631)765-6641 Bob Ghosio,Jr. d • 'F Southold Town Board of Trustees Field InspectionMorksession Report Date/Time: LORRAINE WENDT requests a Wetland Permit to rebuild the as-built docking facility by removing three mooring piles, reducing the width of the fixed dock to 3', and reducing the pilings for the dock to 6"X 6". Located: 980 Deep Hole Dr., Mattituck. SCTM#115-12-14 Type of area to be impacted: saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland rCha f Town Code proposed work falls under: pt.275 Chapt. 111 other Type of Application: o Wetland _Coastal Erosion _Amendment —Administrative—Emergency Pre-Submission Violation Info needed: (' SaD �2l04-`� x 1A Azvp r ,y ,k 2 k19, e On to fie, V '�-'a P. 4. Modifications: Conditions: Present Were: /-J.King _ .Doherty_P.Dickerson D. Bergen_ B.Ghosio, D. Dzenkowski Mark Terry_other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- STATE OF NEW YORK DEPARTMENT OF ENVIRONM EN=—CONSERVATION In the Matter of the violations)of Articles 15, i ORDER ON CONSENT and/or 25 and 71,as indicated below, of the ? FELE NO.I- New York State Environmental Conservation Law. 1 i by: ` Lorraine Wendt Wilson Garcia L : _ -Respondents) i i T T (Suffolk County) I a WHEREAS,Article 15,Title 5,of the New York State Environmental Conservation Law(Protection of Waters)prohibits conducting any regulated activities in any of the navigable waters or protected streams of the State without the requisite permit,or in noncompliance with the requisite permit;and WHEREAS,Article 25,Title 4,of the New York State Environmental Conservation Law,(Tidal xwetlands Act)prohibits conducting any regulated activities on or adjacent to any tidal wefland without the requisite permit,or in noncompliance with the requisite permit;and Vil[ L AS,the Department of Environmental Conservation(DEC)has documented a violation of said statutes,specifically Section 25A01.1 .Section 15.0501_15-0505.1 .and Section . in that Respondent(s)caused and/or permitted to be caused, Construction of a 4'x 4T catwalk,installation of a Tx IT ramp.6'x 20'float and 5 Riles. Damage-to an area of vegetated tidal wetlands(19 W x 4T.0 All without the NYSDEC permits to do so Said violations occurred on orbefbmMav22-2007 ontlie Nenidt ornnerlylocated•at 980 Dees Hole-Drive: Mattituc NY SCTM#1000-115-i2-14 at 980 D Hole Drive in Sonihold,on or before 5=2007 and WHEREAS,Respondent(s)has/have affirmatively waived his/herl t Meir right to a public hearing in this matter in the manner provided by law and having consented to the entering and issuing of this Order,agree(s)to be bound by the terms and conditions contained herein. f IT IS HEREBY ORDERED, t to the applicable provisions of the ECL an for Rules and Regulations,that: L With respect to the oresaid violation()s,there is hereby imposed upon Respondent(s),a penalty in the sum of _ Five Thousand [55000.00 )Dollars;and it is further Page 1 H.For the purpose of inset ompliance with this Order.Respondents)9 llow duly-authorized representatives of the DEC access to the Facility and subject property without prior notice at such times as may be necessary in order for DEC to inspect and determine the status of Respondents'compliance with this Order. III.Respondent(s)shall indemnify and hold harmless the Department,the State of New York,and their representatives and employees for all claims,suits,actions,damages and costs of every-name and description arising out of or resulting from the fulfillment of attempted fulfillment of this Order by Respondent and its successors(including successors in title)and assigns. IV.Upon completion of all obligations created in this order,this Order settles only all claims for civil and administrative penalties concerning the above violations against Respondent(s)and its successors(including successors in title)and assigns• rii ini§hina ca or in an way affecting V.Nothing contained is this Order shall be construed as barring, a,adjudi � Y Y any of the civil,administrative,or criminal rights of the Department or of the Commissioner or his/her designee(including, but not limited to,nor exemplified by,the rights to recover natural resources damages and to exercise any summary abatement powers)or authorities with respect to any party,including Respondent(s). VI.Nothing herein shall be construed as preventing the Department from collecting regulatory fees where applicable. VIL This Order shall not become effective until it is executed by the Regional Director on behalf of the Commissioner,and the date of esecutionby the Regional Director shall be the date of execution of this Order. VIIL In those instances in which the Respondent(s)desire(s)that any of the provisions,terms or conditions of this Order be changed,(s)he/it/they shall make written application,setting forth the grounds for the relief sought,to the Commissioner,c/o Regional Attomey,New York State Department of Environmental Conservation,Building 40,State University Campus,Stony Brook,New York 11790-2356. IX.Respondents)shall strictly adhere to the terms and conditions outlined in this Order and in Parts I,A and/or lII of Schedule A,the compliance schedule attached hereto and made a part hereof - set m this Order shall not be made or become effective,except as specifically by written order : ...:... :.::...::::.,:: :..:.........:.......: ..,:.:.:_._:: licaiionoftlieRespondent(s)orupoathe o of the Commissioner;sncli wiltten>order beifigiivade either`Wu�vr?tteapP Commissioner's own findings. s XL This Order shall be deemed binding on the Respondent(),rtlhis/her/their successors and assigns and all persons,firms and corporations ailing under or for it/him/her/them,including,but not limited to those who may carry on any or all of the operations now being conducted by Respondengs),whether at the present location or at any other in this State. XQ.The failure to pay any penalty amounts due under the terms and conditions of this Order may result in a 22% surcharge m recovery costs and a potential tax refund offset by the Department of Taxation and Finance. MR A dishonored check fee of Twenty($20.00)Dollars will be charged for all checks which are returned for insufficient funds. Dated: Stony Brook,New York Alexander B:Granrtis Commissioner of Environmental Conservation By To: Lorraine Wendt 28 Fiddlers Green Drive Hnntinaton.NY 11743 , NOW 07CA137 Peter A.S Regional r To: Wilson Garcia 85 Spinney Road East Quoaae,NY 11942 Page 2 NOW 07CA207 CONSENT BY RESPONDENT (Individual) Respondent acknowledges the authority and jurisdiction of the Commissioner of Environmental Conservation of the Stage of New York to issue the foregoing Order,waives public hearing or other proceedings.in this matter,accepts the terms and conditions set forth in the Order,att$consents to the issupcelhereof Signature: Print Name: to CZOZ A 1 n -P 2.h d Full Home Address: NOTE TO NOTARY: The correct acknowledgment from below MUST be utilized for signing in New York State versus outside New York State. All blanks MUST be completed. ACKNOWLEDGMENT'(Signing within New York State) STATE OF NEW YORK ) )ss.: COUNTY OF S FT DLA ) On the 31 r'day of DECOf t MEK m the year 2001 ,before me,the undersigned,personally appeared LO RRA)NE Vq EkA OJ j ,personally known to me orproved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that(s)he executed the same in their capacity,and that by their signature on the instrument,the individual,or the person upon�behalf of t. which the individual acted,executed the instrument STEPHANA A. MOSERA ��-!'1 1C��y l� Notary Public, State Of New York Notary Public,State of New York No.01 MO6025841 Qualified in Suffolk Count,,, Term Expires June 1, 20, 0 ACKNOWLEDGBIE T(Signing outside New York State) ss: On the day of ,in the year ,before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that(s)he executed the same in their capacity,that by their signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument,and that such individual made such appearance before the undersigned in the �r Notary Public * (Insert the State(&Country,District of Columbia,Territory,Possession or Foreign Country the acknowledgment was taken.) ** (fnsert the city or other political subdivision and the state or country or other place the acknowledgment was taken.) ***(Signature and office of individual taking acknowledgment) Vlr]MPD 07 TO Page 3 � tt'�t' i SCHMULE A Compliance Schedule for Article(s) 15 and/or 25 I. GENERAL REOUIREM M: Immediately, Respondent(s)shall cease and desist from any and all future violations of the New York State Environmental Conservation Law and the rules and regulations enacted pursuant thereto. • Respondent(s)shall submit photographs of flee completed work,if any,required under this schedule,to the Department within five(5) days of its completion. All submittals to the Department-required under this Order shall be made by Respondent(s)as follows: 1) _ One copy to the Legal Affairs Office,Region One,New York State Department of Environmental Conservation,Building 40,S.UN Y.,Stony Brook,New York 11790-2356; -and- 2) One Copy to Marine Habitat Protection,Region One,New Yodc State Department of Environmental Conservation,Building 40 S.UN.Y.,Stony Brook,New York.11790-2356. II. REMOVAL REOU1REMi?NTS: ondent(s)sliall`liave removed thestivctiaes autUorfill: <.... .. :.:...:::::,-.. Within one hundred and twenty -Resp (120)days from the date of the which are the subject of this Order as follows: execution of this Order, Removal Specifications:Remove three mooring odes.The piles anchoring the float shall remain as is. . ❑ No Removal Required Page 4 Schedule A(Contd.) III. RESTORATION REOUIREMENTS: Within one bundred'and• Respondent(s)shall submit to the Department,an approvable* twenty(120)days from restoration plan and time schedule for implementation of said plan. the date of the execution ofthis Order, *Approvable in the context of this Order shall mean approvable by the DEC with minimal revision. Minimal revision shall mean that Respondent(s)incorporate(s)the revisions required by the DEC and resubmits the plan for approval within fifteen(15)business days of receipt of the DEC's comments: This plan shall include: - � Regrading - ❑ Plantings in disturbed area X Specifications: .Reduce width of dock to..3 feet:Snnnort iinos'.foi dock shall:be educedaa 6":x.:6"hosts: : :..... ❑ Other Upon written approval by the Department,Respondent(s)shall implement the approved restoration plan in accordance with the approved time schedule. Said maintenance shall ensure a success ratio of at least 851%for a 5 year time frame from completion of plantings. ❑ No Restoration Required_ Page 5 r sa by Mail (NOT FOR VTL VIOLATIONS) FINE $ �• TO PLEAD GUILTY: COMPLETE THIS FORM AND MAIL OR DELIVER TO: Southold Town Justice Court 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 TO THE PRESIDING JUSTICE AT THE SOUTHOLD TOWN JUSTICE COURT: residing at ag Ed 6wrj 6WeA have been charged with a violation of � 0?75-/ , under the Code of the Town of Southold. I hereby elect to dispose of this matter without appearing in open court. I hereby waive arraignment in open court and the aid of_ counsel and understand that a plea of guilty is the equivalent to a conviction after trial. I hereby plead guilty to the offense as charged and elect and request that this charge be disposed of and a fine/penalty be fixed as agreed to below. I understand.that the agreed upon penalty is contingent upon the Courts approval, and that my'appearance may be required on a future date if the negotiated disposition is not accepted by the Court. Date: J, p SIGNED: - Ticket/Summons #: U=. 7 - ,��23 In Satisfaction of- Fine/Disposition Recommended:_ (poo. Do 1 Max Rudansky, MD Chairman,Dept of Neurology Huntington Hospital Board Certified in Neurology Co-Director.NeuroHealth Jacques Winter, MD June 18,2007 Board Certified in Neurology Co-Director.NeuroHealth Musarat Shareeff, MD Board Certified in Neurology RE:- William Wendt _ Fellowship in Neuromuscular Disorders/Neurodiagnostics EMG/Nerve Conduction Studies To the Board of the Town of Southold Trustees: Neurology Medical Directors, Mr.William Wendt,DOB 7/5/34 is a patient under my neurological Traumatic Brain injury Unit St.)ohnland Nursing Center care- He is being treated for Parkinson's Disease and diabetic neuropathy. Patricia Rogers,RN, ANP Due to his imbalance and weakness most of the time,he benefits from and needs a wheelchair and/or supports,railings, etc- Sincerely, ax R sky,M .D. NWcn 755 New York Avenue Suite 309 Huntington,NY 11743 Phone 631-351-1250 Fax 631-351-1321 - - 1 Meeting of MAY Is, 1995 No. 1258 it was Moves by Robert Keith, seconded by .lohn Hagerty, s the RESOLVED to recommend to.the Southold Wetl Town Ap Boar ionf f L RRAINE following WEND a for the Grandfather Permit an 115-12-14. to Grandfather 3t'and 6'4x catwalk t alkoat With associated pilings an n an permit to add a 3 x 12 ram P The CAC recommends APPROVAL OF-- THE PERMIT FOR . THE RAMP AND- FLOAT. R THE The 'CAC recommends APPROVAL :ORF,THESED TO 4�FWNEN- IT NEEDS�TO BE- " -CATWALK:- 1 F THE. -CATWALK IS REPLACED. 980 Deep Hole Drive, Mattitucic Vote of Council: Ayes: All Motion carried. No. 1259 Moved by Allan Connell, seconded by Ste hen Angell, it was P Trustees RESOLVED to recommend to A { lication of Southoldhe RUSSELL E Board aMANNf 70-4 48 to of DISAPPROVAL of the Wetland PP restore sand to spoil area. In 1987 sand was dredged from the north sad the dock and deposited in the spoil are of the dock.ears storms have washed sand from the. spoil area to the north side The- CAC recommends disapproval because no need is shown. If soundings are done to prove there Is a need for the dredging the CAC recommends a minimum of dredging to a W depth at low tide. 1775 Calves Neck Road, Southold Vote of Council: Ayes: All Motion carried. No. 1260 Moved by Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to the tdof Town oJOHN Board XIKIS of 44 Trustees DISAPPROVAL x the Wetland Applicationabion wall and timber construct 1 10' x 200 }/-' wood walk between existing g retaining wall. The CAC recommends disapproval because decking of this magnitude is not in nt. The keeping with the spirit of the be vegetative bwitffher rocksirtu sallow for Council recommends the are P percolation of runoff. Middle Road, Southold 4 Vote of Council: Ayes: All Motion carried. cle Page 5 � a I r 44 ,1{„MAI q 4 _ - -r. - gi tt,ox» arot» Ro. 1' �� oIt Wa 17 OREENPORI ioit a3.7 m`�,ru I ° 4• 21]AIO lx z-xe-n t0�."r.o�..sa,�wlo a.• j1 Y,ptT1tUCK '9v I I' ,�T 5 I4 0.120 � g'yY�y'I'� ]14uc1 x '1 ] I II J I6 01 a n 'i»xivaur5Nwpv ,s,0,•• w lal A r I'�., lx �• S w w 15 Li 2151 s. sa,iw O ] V fi 3 s 3• s 5 -J iJ»c ] t5i" t 33.L w i p 25 LOYcI y 2 - 169uc� .. , 2 u. — YARRATOORA 11� \!. It -% ..l� ns a• � w � "� w i2uo X lu 9A J X. 4�I 5 i 6 i •�, - . ' �{,l S7, ' � w' ,u x•-Q 2' 26L tx1 ,] y] o Yy!, I ,l IL �A4c1 q C z]= s xs- «•� w ' SaffOLK -�,t x] xx i w ,2uc, nZ J�'N E 3 ,iuc, � ,1Wcr s ' ri 's� w i''$\`'- H►``w 'y�.w 9 4.l»ci 6 5 t 5 _-•f�.N; 5 x] y✓ !.. ^I 311 x2»P � t g F 6 U 6 ••xx- vui� t 2 l � j1 x0 U t { 0 — q2 H a 5>\�cl 13Mc, `3] �� 4 l u 5 t il2 11 t0 tl' ,5 1'L6- 111 15 _ 'sly -�t•1'� � ,j 1� x• a n $ I t© ,w••..l w' viz s " ,] s .u pvu'` w+'M° » -u 15 � 'n 16E NOTICE COUNTY OF SUFFOLK © E SOUTHOLD SECTION NO E •!*!\.r»r�5a,» QR�—ty eal Property Tax Service Agency r ,�» .^.w.» O s..+,.w.. -----" ["'R .ml»oQN'f11901�,�r.cLE ulr a. ..r. -I»I»^'" "' u...0 —_— \.»u --c—_ rw•+r—_.—_ s,rru•-1 ru,ursw»ertYN ft..,.»u,.m»x rt»»sw»vt ^ . i. r A mrE» m,mro ,flMf OFFICE LOCATION: fjf S 0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Sou Rtholdd. &YNY oungs Ave.) --hAC Telephone: 631765-1938 , Fax: 631765-3136 COU LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jim King,President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner MAY 2 0 2008 1: Date: May20,2008 Re: Chapter 268: Waterfront Consistency Review Wetland Permit for LORRAINE WENDT SCTM#1 15-12-14 LORRAINE WENDT requests a Wetland Permit to rebuild the as-built docking facility by removing three mooring piles,reducing the width of the fixed dock to 3',and reducing the pilings for the dock to 6"X 6"posts.Located: 980 Deep Hole Dr.,Mattituck. SCTM#1 15-12-14 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 CONSISTENT provided that the proposed action meets Policy 5 and sub-policy 6.3, as outlined below. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] nether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] nether the dock will unduly interfere with the public use of waterways for swimming, boating,fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of orprevent the growth of vegetated wetlands, seagrasses including eelgrass(Zostera marina)and widgeon grass(Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In the event that the action is approved it is recommended that the application be amended to meet the following Chapter 275 regulations. §275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control.Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s)shall be determined by the Trustees or their designee.All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. It is recommended that the silt boom be deployed during the construction of the dock structure. [31 In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA'), commercial copper quat(CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. Minimize the use of CCA treated wood in structures constructed within the marine environment. t � a k smf% C' d 2 Figure 1. Wendt Residence Showing Dock in 2006. The above will further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Pursuant to Chapter 268,the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. `0 James F.King,President ��0f SUUTy� Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen John Holzapfel �� Telephone(631) 765-1892 Fax(631)765-6641 COU ' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application E70 E L�, Wetland Permit Application Administrative Permit Z _Amendment/Tran�sr /Extension eceived Application: Y q d f( 8 Received Fee:$ D�_!Completed Application_Incomplete_SEQRA Classification: Type I Type II Unlisted —Coordination:(date sent) --tWRP Consistency Assessment Form —CAC Referral Sent: ,mate of Inspection: 11SYV D _Receipt of CAC Report: _Lead Agency Determination: _Technical Review: J)Ublic Hearing Held:(d _Resolution: n Name of Applicant 12 VR A + n e .2 C�J2 11 c Address Phone Number:63 ) (7 3— (!� O!R Suffolk County Tax Map Number: 1000 - Property Location: l e—e— �`Y O�� !C t �,-p� CL I U c� (provide LCO Pole#, dis ance t oss streets and loc oon) AGENT: (If applicable) +� Address: Phone: SY ` 011 d of Trustees Applicat- GENERAL DATA Land Area (in square feet): J n Area Zoning: -- - Previous use of property: n p�, _�Q �L_J c C Intended use of property: Covenants and Restrictions: Yes No If"Yes", please provide copy. Prior permits/approvals for site improvements: /i Agency � Date h Q ) ci�//4(ns f1L@e�s" ow— 7 l O No prior permits/approvals for site improvements. I 6" Z d p Has any permit/approval ever been revoked or suspended by a governmental agency? +O No Yes If yes, provide explanation: Project Description (use attachments if necessary): 1J � Wd of Trustees Applicat4w WETLAND/TRUSTEE LANDS APPLICATION DATA. Purpose of the proposed operations: �.- &- tti co Area of wetlands on lot: square feet t Percent coverage of lot: % — Closest distance between nearest existing structure and upland edge of wetlands: feet " Closest distance between nearest proposed structure and upland edge of wetlands: —()_feet Does the project involve excavation or filling? iZ No Yes If yes, how much material will be excavated? U cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: 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): Wd of Trustees Applicatib COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? e ✓ No Yes Does the project involve excavation or filling? No Yes If Yes,how much material will be excavated? Q) (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated.resulting from implementation of the project as proposed. (Use attachments if necessary) 1 'l James F. King,President ��q SUUry� Town Hall Jill M.Doherty,Vice-President h0 l0 53095 Route 25 P.O. Box 1179 Peggy A.Dickerson Southold,New York 11971-0959 Dave Bergen G Telephone(631)765-1892 Bob Ghosio,Jr. OCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of -_Y ---�0- ------------------------ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Lo(?,gA_1h4e_.>0e-"�4 , residing at being duly sworn, depose and say: That on the3 o day of 20 I persona I posted the property known as a , AL by placing the Board o Trustees official poster where it can easily be se n, and t I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Dated: (signature) Sworn to before me this day of A"i 200 6 Notary Public STEPHANA A. MOSERA Notary Public, State of New York No. 01 M06025841 Qualified in Suffolk Count Term Expires June 01, 20__ — F PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: c� Address: GGam- qy,vu - STATE OF NEW YORK r COUNTY OF SUFFOLK O V9we'-V� , residing at 4A4 4 JO ,being duly sworn, deposes and says that on the � b y of , 20* , deponent mailed a true copy of the Notice set forth in the Board o ustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessinp-ni roll of the To of Southold; that said Notices were mailed at.the United States Post Office at , that said Notices were mailed to each of said persons by (certified) (registered)mail.) Sworn to efore me this �O Day of , 200 Notary Public STEPHANA A. MOSERA Notary Public, State of New York No. 01 M06025841 Qualified in Suffolk County Term Expires June 01, t.; APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessM to avoid same. YOUR NAME: L o iz, (Last name,first name,.cpiddle initia,unless you are applying i6 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 Variance Trustee V- Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other',name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship.with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town 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 V 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): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or"beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitte day of 200 s Signature Print Name q Form TS 1 Board of Trustees Application County of Suffolk State of New York I l'u JR�1 -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 TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS.ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Rsvu" 0 - ( & )_je.� Signature SWORN TO BEFORE ME THIS DAY OF r 20 U Notary Public STEPHANA A. MOSERA Notary Public, State Of New fork No. 01 M06025841 Qualified In Suffoil: counts, Term Expires Jun,,? 1,4U.�)_,. 4ea by Mail (NOT FOR VTL VIOLATIONS) FINE $ Q C TO PLEAD GUILTY: COMPLETE THIS FORM AND MAIL OR DELIVER TO: Southold Town Justice Court 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959. TO THE PRESIDING JUSTICE AT THE SOUTHOLD TOWN JUSTICE COURT: L r . residing at have been charged with a violation of .� , _��_ , under the Code of the Town of Southold. I hereby elect to dispose of this matter without _ appearing in open court. I hereby waive arraignment in open court and the aid of counsel and understand that a plea of guilty is the equivalent to a conviction after trial. I hereby plead guilty to the offense as charged and elect and request that this charge be disposed of and a fine/penalty be fixed.as agreed to below. I understand that the 'agreed upon penalty is contingent upon the Court's approval, and that my appearance may be required on a future date if the negotiated disposition is not accepted by the Court. � •(/t7'IP/fLfllt. 0 &AM,meSt!P. f Date: L I?a-, p SIGNED: Ticket/Summons In Satisfaction of. Fine/Disposition Recommended:_ t l7, .00 o NEURw) k r Max Rudansky, MD Chairman,Dept of Neurology Huntington Hospital Board Certified in Neurology Co-Director,NeuroHealth Jacques Winter, MD June 19, 2007 Board Certified in Neurology Co-Director,NeuroHealth Musarat Shareeff, MD Board Certified in Neurology gB:. William Wendt Fellowship in Neuromuscular Disorde rs/Neu rod iagnostics EMG/Nerve Conduction Studies To the Board of the Town of Southold Trustees: Neurology Medical Directors, Mr,William Wendt,DOB 7/5/34 is a patient under my neurological Traumatic Brain Injury Unit care. He is being treated for Parkinson's Disease and diabetic St.)ohnland Nursing Center neuropathy. Patricia Rogers, RN, ANP Due to his imbalance and weakness most of the time,he benefits from and needs a wheelchair and/or supports,railings, etc. Sincerely, 2ax dansky,M.D. c� MR/cn i:iCi?:011." 755 New York Avenue Suite 309 Huntington,NY 11743 Phone 631-351-1250 Fax 631-351-1321 Meeting of MAy 18, 1995 No. 1258 it was Moved by Robert Keith, seconded by John Hagerty, RESOLVED to recommend to-the Southold Town Bcat ooard f ofr LQRRAIME'ustees the oWENDT for the. Grandfather Permit and Wetland App 115-12-14. to Grandfather 3112" x 4' catwalk with associated pilings and a permit to add a 3' x 12' ramp and 6` x 20' float in an The CAC recommends APPROVAL OF THE PERMIT FOR THE RAMP AND FLOAT. The CAC recommends APPROVAL :OF THE R 4DFWHHER IT E NEEDS TO BE. CATWALK.-� 1 F THE -CATWALK IS RAISED REPLACED. 980 Deep Hole Drive, Mattituck Vote of Council: Ayes: All Motion carried. No. 1259 Angell, it was Moved by Allan Connell, seconded by Stephen RESOLVED to recommend to the cat on Southold RUSSELL E�aMANNrd f 70-4u48eto DISAPPROVAL of the Wetland App restore sand to spoil area. In 1987 sand was dredged from the north side of the dock and deposited in the spoil area. In recent years storms have washed sand from the. spoil area to the north side of the dock. The' CAC recommends disapproval because no need is shown. If soundings are done to prove there is a need for the dredging the CAC recommends a minimum of dredging to a 4' depth at low tide. 1775 Calves Neck Road, Southold Vote of Council: Ayes: All Motion carried. No. 1260 Moved by Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to a lication Southold dof Town JOHN Board XIKIS of 44 Trustees DISAPPROVAL of the Wetland Application abion wall and timber construct 1 10' x 200 +/- wood walk between existing g retaining wall. The CAC recommends disapproval because decking of this magnitude is not in keeping with the spirit of the non-turf, vegetative buffer requirement. The Council recommends the area be planted. or filled with rocks to allow for percolation of runoff. Middle Road, Southold Vote of Council: Ayes: All Motion carried. Page 5 rili, IL Pj }} It STATE OF NEW YORK T�--- DEPARTMENT OF ENVIRONMaWONSERVATION In the Matter`of the Violation(s)of Articles 15, ORDER ON CONSENT and/or 25 and 71,as indicated below, of the FILE N0. 1- by w York State Environmental Conservation Law, 1 - ' ' Lorraine Wendt Wilson Garcia -Respondent(s) (Suffolk County) i WHEREAS,Article 15,Title 5,of the New York State Environmental Conservation Law(Protection of Waters)prohibits conducting any regulated activities in any of the navigable waters or protected streams of the State without the requisite permit,or in noncompliance with the requisite permit;and WHEREAS,Article 25,Title 4,of the New York State Environmental Conservation Law,(Tidal MWetlands Act)prohibits conducting any regulated activities on or adjacent to any tidal wetland without the requisite permit,or in noncompliance with the requisite permit;and WHEREAS,the Department of Environmental Conservation(DEC)has documented a violation of said statutes,specifically Section 25.401.1 .$ectiou 15.0501_15-0505.1 ,and section in that Respondent(s)caused and/or permitted to be caused, Construction of a 4'x 47 eatwal L installation of a Tx 12'ramp:6'x 20'float and 5 piles. Damage to an area of ve emoted tidal wetlands(10'W x 47'L).All without the necessary NYSDEC permits to do so.Said violations occurred on.or.before May 22 2007.on the Wen—UA2erly locgted at 986 Deev Hole Drive, Mattituck,NY SCTM#1000-115-12-14 at 980 Deep Hole Drive in Southold,on or before 5/22/2007,and WHEREAS,Respondent(s)has/have affirmatively waived his/her/its/their right to a public hearing in this matter in the manner provided by law and having consented to the entering and issuing of this Order,agree(s)to be bound by the terms and conditions contained herein. f IT IS HEREBY ORDERED,2braid tto the applicable provisions of the'ECL and/or Rules and Regulations,that:I. With respect_to the violation(s),there is hereby imposed upon Respondent(s),a penalty in the sum of Five Thousand ($5000.00 )Dollars;and it is fo ther f Page 1 H.For the purpose of MJ*mpliance with this Order,Respondent(s)eowduly-autliorized representatives of the DEC access to the Facility and subject property without prior notice at such times as may be necessary in order for DI~,C to inspect and determine the status of Respondents'compliance with this Order. on III.Respondent(s)shall indemnify and hold harmless the Department,the State of New York,and their representatives and employees for all claims,suits,actions,damages and costs of every name and description arising out of or resulting from the fulfillment of attempted fulfillment of this Order by Respondent and its successors(including successors in title)and assigns. IV.Upon completion of all obligations created in this Order,this Order settles only all claims for civil and administrative penalties concerning the above violations against Respondent(s)and its successors(including successors in title)and assigns. V.Nothing contained in this Order shall be construed as barring,diminishing,adjudicating,or in any way affecting any of the civil,administrative,or criminal rights of the Department or of the Commissioner or his/her designee(including, but not limited to,nor exemplified by,the rights to recover natural resources damages and to exercise any summary abatement powers)or authorities with respect to any party,including Respondent(s). VI.Nothing herein shall be construed as preventing the Department from collecting regulatory fees where applicable. VII.This Order shall not become effective until it is executed by the Regional Director on behalf of the Commissioner,and the date of executionby the Regional Director shall be the date of execution of this Order. VIM In those instances in which the Respondents)desire(s)that any of the provisions,terms or conditions of this Order be changed,(s)he/itlthey shall make written application,setting forth the grounds for the relief sought,to the Commissioner,c/o Regional Attorney,New York State Department of Environmental Conservation,Building 40,State University Campus,Stony Brook,New York 11790-2356. DL Respondent(s)shall strictly adhere to the terms and conditions outlined in this Order and in Parts I,II,and/or III of Schedule A,the compliance schedule attached hereto and made a part hereof. X.An c e in this Order shall not be made or become effective,ex t as ecificall set forth b written order Y...hang:::::-., t:.. sP Y Y of the Commissioner;such written`oier lieiag made`erther.uptin wntfen application of the Respondent(s)or upon the Commissioner's own findings. M.This Order shall be deemed binding on the Respondent(s),ittbis/her/their successors and assigns and all persons,firms and corporations acting under or for it/him/her/them,including,but not limited to those who may carry on any or all of the operations now being conducted by Respondent(s),whether at the present location or at any other in this State. XII.The failure to pay any penalty amounts due under the terms and conditions of this Order may result in a 22% surcharge in recovery costs and a potential tax refund offset by the Department of Taxation and Finance. M.A dishonored check fee of Twenty($20.00)Dollars will be charged for all checks which are returned for insufficient funds. Dated: Stony Brook,New York �.' >-O 200 O Alexander B.Grannis Commissioner of Environmental Conservation By To: Lorraine Wendt 28 Fiddlers Green Drive Huntington.NY 11743 NOV#: 07CA137 Peter A.Scu Regional Drr ctor To: Wilson Garcia 85 Spinney Road East Quogue.NY 11942 Page 2 NOW: 07CA207 'CONSENT BY RESPONDENT (Individual) Respondent acknowledges the authority and jurisdiction of the Commissioner of Environmental Conservation of the State of New York to issue the foregoing Order,waives public hearing or other proceedings in this matter,accepts the terms and conditions set forth in the Orderapf#consents to the issu uce ereof. Signatures do-y�� J 1 Print Name: ►J U t212 A-,h -P,� Full Home Address: .2,9' I^�d l2(ZS Ge�241 <k VR, NOTE TO NOTARY: The correct acknowledgment from below MUST be utilized for signing in New York State versus outside New York State. All blanks MUST be completed. ACKNOWLEDGMENT-(Signing within New York State) STATE OF NEW YORK ) )ss.: COUNTY OF S UFT OLA ) On the 315i_day of 'DGrLe BEE- ' in the year 200 7 ,before me,the undersigned,personally appeared t_O RP_AhE W"EN O i ,personally known to me or provedto me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that(s)he executed the same in their capacity,and that by their signature on the instrument,the individual,or the person upon behalf of which t/h�e/f individual acted,executed the instrument. STEPHANA A. NIOSERA Notary Public, State Of New York Notary Public,State of New York No. 01 MO6025341 Qualified In Suffolk Counter Term Expires June 1, 20.0 ACKNOWLEDGMENT(Signing outside New York State) . * .Sb.rt01,02011 ) }ss: On the day of ,in the year ,before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that(s)he executed the same in their capacity,that by their signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument,and that such individual made such appearance before the undersigned in the *** Notary Public * (Insert the State(&County],District of Columbia,Territory,Possession or Foreign Country the acknowledgment was taken.) ** (insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.) ***(Signature and office of individual taking acknowledgment) q`FC I PD JAI 0? '08 Page 3 1O ►- ` SCHEDULE A Compliance Schedule for Article(s) 15 and/or 25 I. GENERAL REOUIREMENTS: Immediately, Respondent(s)shall cease and desist from any and all future violations of the New York State Environmental Conservation Law and the rules and regulations enacted pursuant thereto. Respondent(s)shall submit photographs of the completed work,if any,required under this schedule,to the Department within five(5) . days of its completion. All submittals to the Department-required under this Order shall be made by Respondent(s)as follows: 1) One copy to the Legal Affairs Office,Region One,New York State Department of Environmental Conservation,Building 40,S.U.N.Y.,Stony Brook,New York 11790-2356; -and- 2) One Copy to Marine Habitat Protection,Region One,New YorkState Department of Environmental Conservation,Building 40;S.UN.Y.,Stony Brook,New York.11790-2356. II. REMOVAL REOUERDAMUS: Within one hundred and twenty Respondent(s)Ahallliave removed the structiires and/or fill (120)days from the date of the which are the subject of this Order as follows: execution of this Order, Removal Specifications:Remove three mooring piles.The piles anchoring the float shall remain as is. . No Removal Required F-1 Page 4 Schedule A(Contd.) III. RESTORATION REOUIREMENTS: Within one hundred-and- Respondent(s)shall submit to the Department,an approvable* atwenty(120)days from restoration plan and time schedule for implementation of mid plan. the date of the execution of'this Order, *Approvable in the context of this Order shall mean approvable by the DEC with minimal revision. Minimal revision shall mean that Respondent(s)incorporate(s)the revisions required by the DEC and resubmits the plan for approval within fifteen(15)business days of receipt of the DEC's comments. This plan shall include: F Regrading F-I Plantings in disturbed area X Specifications Reduce width of dock to 3 feet:Support pilrnas for:dock shallbe reduced to.6"x 5°:.posts; ❑ Other. Upon written approval by the Department,Respondent(s)shall implement the approved restoration plan in accordance with the approved time schedule. Said maintenance shall ensure a success ratio of at least 85%for a 5 year time frame from completion of plantings. allo Restoration Required. Page 5 ^ 2— 1 1. r Vh� w E C E ll V E APR - 9 2008 Southhold Town Board of Trustees Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its 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 supportinjZ and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. I` A copy of the LWRP is available in the following places,: o `ine at the Town of Southold 's 4 website (southoldtown.northfork.net), the Board of Trustees}.bfficpFRie3l`Oar M Depart ent, all local libraries and the Town Clerk's office. I SoijtholJ Tovrn�T,�.. B. DESCRIPTION OF SITE AND PROPOSED ACTION board of'frastees SCTM# PROJECT NAME The Application has been submitted to (check appropriate response): ] Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees CJ 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan,subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 3 Location of action: �'_p kA'6-� (k+, — Site acreage: 2_ _ 0 C� . O IC Present land use: Qom,. " �, Present zoning classification: 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: �� ��� in (b) Mailing address:, �' ,� �Q _A) (� Q (c) Telephone number: Area Code( ) 3 —' (0 (d) Application number, if any: 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? G C. Evaluate the project to the following policies by analyzing how the project twill 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 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'VNot 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 'j No ❑ Not Applicable ' D E C, e-k--,- 9 4 jA 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 VNot 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 1�f Yes ❑ No ❑Not Ap i'ca le 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 throu h 32 for evaluation criteria. Yes No Not Apil [ble J ' 9 c 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 was es. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes El No 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 cri eria. Ye�] No❑ Not Applicable Aj Attach additional sheets if necessary WORKING COAST POLICIE'_ 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. ❑5Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary -ttuua-ry and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. �=J 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�-1 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 1'Z ! 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COPIES OF TN/S SURVEY MAP NOT BEARING 7NE Q z o LAND SURVEYOR, INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON a J Q FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDINGINSTITU]'/ONLISTED HEREON/ ANO TO 7-11E ASSIGNEES OF THE LENDING INST/TUTIONS. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUT/'OHS OR SUBSEQUENT OWNERS. THE OFFSETS of? DIMENSIONS SNowN FROM THE STRUCTURES TO THE PROPERTY L INES AqE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE �V Le) ERECTION OF FENCES,RETAINING W4LL5,POOLS, PATIOS, P4AAtr1#6 AREAS, ADDITION TO BUILD/NGS AND ANY OTHER CONSTR''VCT/ON. w TOE EXISTENCE OF ROW OF WAYS ANp OF EASEMENTS OF RECORD/ IF ANY, NOT SHOIVN ARE NOT GUA RA NTEED-