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HomeMy WebLinkAboutDIER, ROBERT TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 6, 1985 Mr. Stephen Mars U. S. Army Corps of Engineers New York District 26 Federal Plaza New York, New York 10278 RE: Robert Dier, Southold Dock-Southold Bay Dear Mr. Mars: Transmitted herewith is .correspondence from Mr. Philip Barth, 725 Terry Lane, Southold, New York regarding the above referenced matter. We respectfully request your prompt attention, to this matter,. in. an effort to resolve the concerns addressed in this communication. If you have any questions, or need additional information, please do not hesitate contacting this office at the telephone number listed above. Thank you for your cooperation, as in the past. Very truly yours; Henry •P. Smith, President ' Board of Town Trustees Ilene fifferling Secretary to Board HPS: ip. cc:._ Assemblyman Joseph Sawicki, Jr.- Supervisor:: Murphy "'Honorable Town Board Members =� Trustees - TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 12, 1985 Mr. Howard Katzenberg Town Harbor Lane . Southold, New York 11971 Re: Robert Dier - Dock Town Harbor Lane, Southold Dear Mr. Katzenberg: Pursuant to our telephone conversation on November 8, 1985 regarding the above referenced matter, please be advised that the Bay Constable has inspected the premises and determined that all necessary permits have been secured for- the project. If you have any questions or need additional information please do not hesitate calling this office at the telephone- number listed above. Very truly yours, Henry P. Smith, President Board of Town .Trustees Ilene Pfifffr&in Secretary to Board HPS: ip cc_.:: . Supervisor Francis J. Murphy Trustees File. 1•. I FIELD REPORT — POLICE DEPT., TOWN OF SOUTHOLD.N.Y. Sector Hamlet of Occ W� . Central Complaint No. sc—,A i �� Grid No. Inci tOrCrime t j ®r0Gq�1/� J _j' Date of Report Day of Occurrence Date of Ccc. Time of`c• F59r Iu-1 /-�5 f' D.O.B. Name C-or.�plainant im _ O F rjp, �J�C VictJ coS s Phone Address I r Ij Place of Occurrence t Tour ❑Cleared Arrest Time Out Time In Founded �a / S y �les No �_,� f _xceptionally Cleared — yJL•>tL�a.�a C'o�� nf" %fie- r�ob��`f" U��K. I ! p Ic1 � f �.�1�5 c�efif�e rT�•�s' /� 1pj 5�a f� fain PDTS 2_—Continuation Report Attached? a7 Yes ` scar Shield No. J'upervlsor: R rtirig0l�' rpT 0:;P r-F 7 rY f 3 0C.T Regulatory Branch SUBJECT: Case No. 65-099, Robert Dier; stone groin, -concrete supports"" . and an extension -to an>existing timber, pier in Suthold "Bay.; - at Southold,. NY. Mr. "Robert.'Dier" j 41 Pianta Court Oakdale, New York 11769_ .- Dear Mr.- Dier. An inspection of your. proporty" adjacent�.o Southold Bay. at Town of Southold, -Suffolk.County; New York by,a representative of" this office, : revealed "t.hat you have-construct6d a stone-groin 'and concrete supports, to an "existing timber .pier. In addition, you "have_-extended. the subject pier 20 feet,.after your Departm61nt of the Army Permit`No. 10661 had expired in" 1981. This is .in violation of" Foderal Statutes "(33 €l.S.C.A. 403 and 1344) which prohibit such work -in ,navig�able -biaters of the United. States .without prior. approval from the..Corps of Engineers. Under--the provisions Qr Section"-10. cf the' River and Parbor.Act of.1899 (U.S.C. - Title 33," Section.. 403) : it As unlawful. to excavate or fill , or in any ,Wanner to alter or modify :the course, -Location, condition or.`capacity of any navigable water of the 'United States unless the work. has" been -recon nded by: the ,Chief" of Engineers "and authorized by the. Secretary, of the "Army prior to.- beginning .the same. ,. Under thd" provisions 'of_ Section 404" of the Clean Wat 'T -Act (U.S'.C. Title 33y Section 1344.) it",is unlawful to-discWrge dredged or-'fill material- - into waters -of the: United' States; " nciudirig .14etlands, Without:-permit. from, the Corps -of Engineers. . These statute are administered by. the " Corps-pursuant to regulations"- at 33 CFR 320-330. In accordance With 33 CFR 326.2, you' are .directed to iamediateiy cease:and desist any furthei^ ;cork An n the, navigable waters, or iietl ands". Failure.to comply With- this directive may" subject you :to civil or`.crim'inal penalties 'and/or a restoration:-order. . " To. assist us in our evaluation of t.h6l'work that' was.perform.ed, please complete 'and"return '.to this off ice".the encl-osed Sur:�ary of Inforitation sheet with 10, days:of."recei"f o� :this 1-etter. Your reply should, refer to- the case. number indicated.above. If you have any.questions .concerning this matter, please.contact Mr. . Bart Delartino 'telephone number (212) 264-5055`. .. Philip Barth 5i ,; J. r�.� 725 Terry Lane !' La-1_� J Southold, I .Y. 11971 Asir. Frank T.urphy Supervisor Southold Town Town Hall Southold,N.Y. 11917 j j•�JIdi�A � r4dv: .ddaar Dear Air. Murphy: As a resident in the Town of Southold hav- ing property on Southold Bay at rounders Landing, my concern and those of my neighbors is the dock that was built several years ago by Nr Robert Dier about 250' into, the Bay between Founders Landi.ig District Park and Town Harbor Lane. Following is the chronological background of this dock. 1. , Several years ago Mr Dier obtained a permit from the Corps of Engineers to build an open tir.riber dock, which he completed. At the same--t- rLe_ he built a stone jetty just east of the structure which was not in the rermit. This jetty is still there . 2. Several years later the Bay frope over causing severe ice damage to the dock. This was not reraired. This re- suited in the destruction of 80' of the dock during the storm of I-iarch 1984. Air. .Dier then proceeded to re pair the dock by sinking reinforced concrete bunkers around each of the pilings . 3 . ' bout a year ago Councilman Paul Stoutenburgh was made aware of the situation. He atterriDted to contact the Corps of Jn ineers several times but did not get an answer to his calls . He persisted and finalll,r made co.itact with the Corps and was told .that there was no record of T,X. Dier having a 4;eri it to r:.ake this ty�-,e of repair. 4 . My concern is that the dock and stone jetty present a danger to navigation, the bunkers being so close together that even a sri_all row boat could- not get between them. 5 . . 1'he structure is h"wing an environmental iir)act on the natural -.contour of the beach. 6 . the To•.rn offic.l3.l -snol)ld - be alertreca :to "'I e -ooUsibi1ity Philip 13arth 11/20/85 page 2 that this facility could be used for commercial purposes since it seems unlikely that this amount of time and money would be spent just to dock a 42' boat. 7 . I- my information is correct and 1"ir. Dier does not have - a permit to repair the dock in the manner described, then I urge you to use your good office to contact the `:ores of En- gineers and put an end to this project and avoid future problems . Thanks for you cooperation and awaiting your action. Sincerely, �iti�l t Phil Barth CC : Joseph S'awicki 'a iS G �f/` /i : 4 C 211988 i El'cets�a — STATE OF NEW YORK DEPARTMENT OF STATE ALBANY.N.Y. 1 223 1-000 1 GAIL S.SHAFFER ScCR_ETARY OF STATE December 19, 1988 ,her. Robert Dier 355 Terry Lane Southold, NY 11971 Re: F-88-763 U.S. Army Corps of Engineers/New York District Permit Application #87-0544-L2 (After-the-fact Authorization) Town of Southold Request for Additional Information Dear Mr. Dier: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. " 1. Please submit recent, clear photographs of the project site, showing the groin and 220' open pile pier with the concrete footings. 2. Please explain the purpose for the groin construction. Is it intended to trap sand or to protect the open pile pier from ice damage, or both? 3. Please submit a copy of the Corps of Engineers permit application including the application supplement. Are there any similarly constructed docks in the vicinity of your dock? 4. What is the status of this activity in terms of NYS DEC and Town of Southold approvals? Pursuant to 15 CFR 930.60(a) , the review of your consistency certification will begin after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our � consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Please call me at (518) 474-3642 if you have any questions. Sincerely, Michael Corey - Senior Environmental Analyst ,MC:ak cc: COEMY District - Michael Infurna NYS DEC/Region I - Robert Greene (10-82-0229) Town of Southold Trustees - Frank Kujawski , Jr. _ R C F t I { I Public Notice US A �rrrty of Engineers i `, In replying refer to: New York District ,t. Public Notice No. 13483-87-0544-L2 26 Federal Plaza IV Now York,N.Y. 1027t3, -- � Published: 27 OCT 8$ 28 NOV 88 ATM:REGULATORY B AINCH Expires: To Whom It May Concern: This District has received an application for a Department of the Army permit pursuant to /77 Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); /T7 Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANT: Robert Dier 355 Terry Lane Southold, New York 11971 ACTIVITY: After-the-fact authorization to maintain a groin, concrete footings and an open pile extension WATERWAY: Southold Bay, Shelter Island Sound LOCATION: Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in your review. The decision whether to issue a.permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to 4ccrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns,. wetlands, cultural values , fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in writing to the district engineer, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. NANY FL-129 May 83 pegulatory Branch Public Notice No. 13483-87-0544-L2 . .. - Pursuant to Section 7 of the Endangered Species`�,:Act ( 16 U.S.C. IV11 ) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator , U.S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), for activities under consideration that are located within the coastal zone of a state which has a. federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant 's certification and accompanying information is available from, and any comments on, should be addressed to the New York State Department of State, Division of Local Government and Community Services , Coastal Management Program, 162 Washington Avenue, Albany, New York 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant liar obtained or requested the following governmental authorizations for the activity under consideration: Town of Southold Permit New York State Department of. Environmental Conservation Tidal Wetlands Permit' It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at tf 'ephone (212) 264-3912 and ask for Mr. Michael Infurna. 2 Inds: Marion L. Caldwell , Jr. 1. Description of Work Colonel, Corps of Engineers 2. Drawing(s) District Engineer 2 NAVY FL 129-1 May 83 CENAN-OP-RE APPLICATION NO. 87-0544-L2 PUBLIC NOTICE NO. 13483-87-0544-L2 DESCRIPTION OF WORK The applicant, Robert Dier, 'requests after-the-fact Department of the Army authorization to maintain a groin, concrete footings and an open pile pier extension in Southold Bay, Shelter Island Sound at Southold, Suffolk County, New York. The applicant has constructed a 20 foot extension to an open pile timber supported pier. Also, twenty pairs of concrete footings were poured on the last 20 piles of the pier. In addition, a 90 foot long stone groin consisting of 20 cubic yards of material was constructed, curving under the existing pier. The above work was completed without prior Department of the Army authorization. The New York District Corps of Engineers, having reviewed the matter, has declined at this time to initiate legal proceedings for the undertaking of the unauthorized work. The decision, whether or not to grant approval , rests with an evaluation of the probable. impact on the public interest of either allowing the work to remain as constructed, or requiring its modification or removal . v" PARK �1` ✓ 1 r d s• Q 7 UTHO I ` alp %o d.dds Jy ass : .it 4 O 1 1 M•rtLL � ,i-n�ils� a N 'I � \6 .wS 1 � a � �`•�ao�, a 25 s ; • o location u 1/0 O CD Jockey Cr SIOUTHOLD P E C O N I C 8•� a G � sa a + BAY 95 8 a� 1. . Q<vr ^r Goose Rek .� " g GREAT. HO R a NECK al f C I ^� I Ap'y Y••,�. Pd(gF 4M~` ° fe ' Bay `3� Ao � BAY I r a L! • 9 _ JPO e, '0 'tq= t/ O p 0 t ' � c/Dl`/ EDA a c cEtua a HOG NECKUAL PAM - .. B A Y Cedar Beach Point VICINITY MAP FROM THE SUFFOLK COUNTY HAGSTROM — 1 inch = approx. 3000 'feet tl PIER FOR ACCESS TO CRAFT MAINTAIN PIER EXTENSION, PURPOSE:GROIN AND FOOTINGNS PROTECT THE PIER CONCRETE FOOTINGS A10 DATUM MEAM LOW WATER STONE GROIN ADJACENT PROPERTY OWNERS: IN SOUrj'HOLD BY O John May AT SOUTHOLD O Arnold Blair COUNTY OF SUFFOLK STATE N.Y. APPL I CATION BY ROBERT DIER SHEET 1 OF 3 DATE f , Approxi ately 12miles to Shelter Island 0, 2� C„s« YARdS stone groin r, constructed 3 after the x permit C expired o w m tij w y 1 - O PLAN VIES,OF THE PIER AND GROID? \Twenty pairs of footings --� stone oin CROSS SECTION OF THE PIER AND GROIN I tr' t'p' / If_ 50 e l PIER FOR ACCESS TO CRAFT MAIirTAIN PIER EXTENSION, PURPOSE:GROIN AND FOOTINGNS PROTECT THE PIER CONCRETE FOOTINGS AND DATUM MEAM LOW WATER STONE GROIN ADJACENT PROPERTY OWNERS: IN SOUMOLD BY 01 John May AT SOUTHOLD C- COUNTY OF SUFFOLK STATE N.Y. Arnold Blair APPLICATION BY ROBERT DIM SHEET 2 OF 3 DATE r 7 PLAN DECK R EMOVrL) > SECT ION 'o (41 x6 ss Cyeq. p�hs m 4 I Br OH .��5 ' N M LW (VARIABLE) 3, SCALE I, a for FOOTINGS G Y GN I if � ' �S c.-A s.+feel. $ 1 , F[[ FVAT)ON , ¢ SECTION :L-A IIWr CONCRETE FOOTINGS PO4 ON LAST 20PAIPS OF PILES OF Trif PIER � EACH CONCRETE FOOTING REQUIRED 3.6 CUBIC YA12D� IOF MATERIALI PIER FOR ACCESS TO CRAFT MU3-,-rM PIER MMNSION, PURPOSE:GROIN AND FOOTINGNS PROTECT THE PIER 0ONCREM FOOTINGS AND DATUM MEAM LOW WATER STONE GROIN ADJACENT PROPERTY OWNERS: IN SOUMOLD BY 0 John May AT SOUTHOLD 02 COUNTY OF SUFFOLK STATE N.Y. Arnold Blair APPLICATION BY ROBERT DIER SHEET 3 OF 3 DATE 20 —_ - 23 - .. SEE SEC.NO.133 0 ELI _- yoe4R ru 1e ~ O - • Ay f a _. cJ m I e- SOUTHOLD PARK DISTRICT . .__.-._ 19.1 1.8 AM _ -•• UNLESS DRAWN OTHERWISE. ALL FRD►[RTIf7 . ARE WITHIN THE FOLLOWING DISTRICT!: Y SCHOOL ! !EWER ' L_._..... ... + FIRF 2S HYDRANT _ .. •••..7�JAELIRL��•YtQ�,� ' LIGHT 43 WATER .. . \ PARKTO REFUSE 1----- NOTICE MAINTENANCE, ALTERATION, SALE OR I _ DISTRIBUTION OF ANY PGATION OF THE WIFOLN CM IT TAR NAF 15 FROH1811EO - - - - -- -- �- WIT11Wl WRITTEN PERNSSION OF THE PRO _ REAL PROPERTY TAY SERVICE AGENCY _ _ - M iiT � �= �YP;pIriC3�NT ,�►OR3C Joseph Moira General Permit to inst-a3= a 146,079 c/o En-Consultants: O :y2 .i Inc.. non-commerical Xoorinq rstruct- re 1329 N. in Davies Creek, Sh. �nsCeck any -at 'Southampton.,RNyd Bast •Quogue., -Suffolk County.. New York. 11968 16 :80 Fred F,. ;Permit to 'construct an apen- t0'4r' P.assarella ;pile supported 192-15 :Northern fixed timber : l3�.ra Boulevard walk ramp and seasonally , nstell float and ,Pilings in 0 st-er -Bay r Flushing;, .NY Harbor at Centre isle I Town of ' . .11- 3'58 Oyster Bay, Nassau CoZt New Public Notice No.. York. 1'`� 1.4107-90-0.3 61-:L5 16081 Donald S:chauder Permit to construct a bulkhead b ;• �6`'g1 151 ShoreNY AveA Bay Shore, to ,upland disposal form a boat slip and dredge with '-- 117`Os P ai i•'I1 Awxa Creek, Great South Bay at Public Notice No. Bay Shore Town of Iasli is 3.43i8-90-9910-L2 Suffolk 'County, New 'York. -21 June 1991 F .1; 16082 Hvelina :Emmi install nstall a -; Rector Permit t pier U�4/216%91. 115 Connecticut assembly 1n Reynolds Channel Avenue at Long Beach, Town of Hempstead, Nassau Co Long Beachy NY County, New York. 11561 Public Notice No. •• 14211-90-0640-L3 22 October 1990 16083 Veterans Administration Permit to in a water intake 04/30%�91 Medical Center Pipeline in. the Hudson River t Castle Point Village of Castle Point, Dutchess New York, 12511 County, New York. Public Notice No. 14704-89-0873-YS 14 May 1991 16223 .Robert.:ber : 355 ;Te Permit ex maintain as completed 04/26/9i Southold Nne a Pier extension e place fill to construct a stone groin, and install s in Public Notice No. Bay, ShelternIslandSSoundlat 13483-87-0544-L2 Town of Southold, Suffolk County, 27 October 1988 New York. 5 Regulatory.Branch2.3 UT;: .1�8� Lase NO. 85-r099 A cop: of this iatter.was-sent to tine U.S. ����rnOy� �as�ern Ui��r�coo o New-York,, in order that he r��y iac. made a�ar� �� ��ar action. Sincerely, ; Jw ies t . _Mansky _ Cillef - Regula 6ry granch Enclosure CF: it Charle's Hadilton.,. H SUC Raymond-y�Dear-i0, U.S. Attorney py ard of Town Trus gees, Southold Building Department, SO'thold Jose Almodovar, C. E. 1pspectar l,. nQULSfi9D.