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HomeMy WebLinkAboutKARDWELL, NANCY Albert J. Kmpski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765- 1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ~ .1~ Office Use , _ - on: Coastal Erosion Permit ApplicatJ ~etland Permit Application Grandfather Permit Application _ ~Waiver / Amendment / Ch~n~e s ./Rec-~ved Applic..ation: ~"Received Fee: $/~ ~'~ompleted Application Incomplete SEQRA Classification: Type I__.Type II Unlisted Coordination: (date semt)~ ~ / 'CAC Referral Sent: ~/~/~ _~ate of Inspection: ' CAC Report · Receipt of . Lead Agency Determination./ '- _~echnical Review: ~ ~Public Hearing Held: Resolution: N~ne of Applicant Nancy Kardwell and Joseph Kardwell *Addressll00 Back Lane (Munn Lane, P. 0. Box 775), Orient NY 11957 Phone Number: (516) 323-2483 Suffolk County Tax Map Number: 1000 - 17.-2-15.4 Property Location: Nearest LILC0 Pole # LIL 5 A. Pole 5s 5n drSveway north of Maple Lane. DrSveway 5s 130-+ feet west of poSnt at which Back Lane meets Maple Lane. (provide LILCO Pole ~, distance to cross streets, and location) AGENT: None (If applicable) Address: Phone: FAX~: Listed on Tax Assessment Roll as: llO0 Back Lane Designated by prior ownen, and address used by us since 1972: Munn Lane Mailing Address: P.O, Box 775, Orient NY 11957 Board of Trustees Apptic~ .on GENERAL DATA Land Area (in square feet): Area Zoning: Residential Previous use of property: Intended use of property: 1000-17.-2-15.4 land area 3.2 acres; 139,392 sq. ft. Residential Residential Prior permits/approvals for site improvements: Agency Date No prior applications made to Board of Trustees Construction of Swimming Pool & Cabana Southold Building Department 1983 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if ne( V Naturalized walkway ~feet wide x approximately 2~ r~e~ ~ohg~ All ~o~k will be completed by hand, with minor soil disturbance. No heavy equipment and/or machinery shall be used in any way. Grubbing of roots will be by hand, avoiding any indigenous plant material. There shall be approximately lO natural steps made out of landscape timbers; we were advised by a DEC biologist that these steps are actually better for natural runoff, Board ef Trustees APPlica~ in GENERA~ DATA / Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: 1000-17.-2-15.4 Residential Residential Residential land area 3.2 acres; 139,392 sq ft Prior permits/approvals for site improvements: Agency Date No prior applications made to Board of Town Trustees Construction of Swimming Pool & Cabana SoutHold Building Department 1983 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessa] Passageway to the beach, 15 feet wide x approximately 250 feet long. - This application is to request permission to clear the passageway area to enable the landscaper and the engineer to determine the best location as the clearing is done, and to enable the surveyor to provide exact metes and bounds. A second permit application, or request fo~ addendum to this application, will be made to provide you with an exact drawing with sPecific'metes and bounds of the passageway, and designation of any areas that may require topsoil fill and amount, and location of possible retaining wall that may be needed. We will be requesting permission for th% landscaper to use a landscaper's tractor/dozer to smooth the surface, and to plant a ~pe of grass that does not require fertilizer. Hay bales will be used the ~enqth o~the passageway to hold the ground until the passageway area is stabilized. We willS be requesting %hat occasional vehicular use of the passageway be allowed to provide' access for transporting elderly persons to and from the beach and to provide access to the beach for medical emergency vehicles. Please refer to our ~etter to you dated October 23, 1997. Board of Trustees Applics ~on WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To provide walkway to beach. Total area under local jurisdiction (includes 75 ft zone): 72,200 square feet approx. Percent of total lot: 52% Area of wetlands on lot: 37,550 square feet (Area of Munn Lake within our property) Percent coverage of lot: 27% % Closest distance between nearest existing structure and upland edge of wetlands: ll0 feet Closest distance between nearest proposed structure and upland edge of wetlands: feet No structure is proposed. Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? 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: No change. 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): No adverse effect. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: lo pr0vJde wa]kwa3 to beach, Are wetlands present within 75 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? (cu~ic 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) No adverse environmental impact. The walkway will also allow access to help control the detrimental effects of the top growth of bittersweet vines. Bittersweet has spread extensively over the area, and has grown into the trees where it can cause considerable damage and even kill the trees if left unchecked. (Please refer to attached photocopies of warnings regarding bittersweet. PART II--ENVIRONMENTAL Ar' %SSME,.NT (To be comsfe.~ed by Agency) ' m~y ~e superseded by ~no~her involved a~ency. C. CSULD ACTIO~ RESULT IN ANY ADVERS~ EFFECTS ASSQC:A%ED ,VITH THE ~OLLCWING; fAnswer~ may ce nandwr~t:~n, Other [moac:s dncl~ding chencjes in use of e~ther quantity or tyre Ct energy)? Ex~lain brieHy. O. :S THERE, OR IS THERE LIKE_ ~O BE. ~ONTROVERSY ,,ELATED ~'O POTENTIAL AOVERSE E.NVIROHMENTAL !MPa, CTS? PART HI--OETERMINAT~ON OF SIGNIFICANCE (To be com01eted by Agency) !NSTRUCTiONS: For eac,b adverse m'fec.' identified above, determine whet.er it is substantial, large. [rnoor~ant or other.vise signiflca Each effect should be assessed in connection with its (a) setting (Lo. urban or rural); (b) probability of occ:zc~i._qg; (c) duration; irreversibility; (e) ~eogragnic scace; and (f) magnitude. If necessary., add attachments or reference supporting materials. Ensure t~ e×utanations contain sufficient dexaii (o show that all relevant &dYerse impacts have been identified and adequately addressed. ChecX this box if you have identified one or more potent a y fargo or significant adverse imoacts winich MAY occur. Then ~roceed directly [o the FULL E,AF and/or prepare a positive-declaration. Chec!( this box if you have determined, based on the information ~md ~nalysis above and any supporting documentation, ~hat ~he grooosed action WILL NQT resul[ in -.~..ny signific:~nt adverse environmental imoac'.s AND provide On a[t&c~ments z$ necessary, the reasons supporting this determinaHon: Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TRUSTEES: TOWN OF SOUT~OLD in the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I Nancy J Kardwell residing at llO0 Back Lane (P.O. Box 775) Orient, NY 11957 being duly sworn, depose and say: That on the 22nd day of 0ctobe~ 1997' I personally posted the property known as Passageway to Beach on property Tax Map # 1000-17.-2-]5.g by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing. (date of hearing noted thereon to be held Dated: October 29, 1997 Sworn to before me this ~%~%~day of {Pm~ 199 Notary Publi~ ~ eYNa n cy~we 1 C~mmi~ion ~:~pire~ ¢l~3JJ, 'l,~ ~OTICE TO ADJACENT PROPERTY O~ER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Nancy Kardwell and Joseph Kardwell SCTM~lO00-17.-2-15,4 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Create a naturalized walkway to the beach, approximately 10 feet wide x 250 feet long. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: District 1000, Section 17, Block 2, Lot 15.4 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: MAILING ADDRESS: PHONE Nancy Kardwell and Joseph Kardwell P, 0. Box 775 Orient, New York 11957 (516) 323-2483 Enc.: Copy of sketch or plan showing proposal for your convenience. g66L Ipd¥ '00~ uJJO=l S~ g66 £ IPd¥ '008~ w JO4 Sd g661. I!Jdv 'OOGIB uJJo=l 9d ~661. IpdV '00~'~ LuJO.4 Sd <~ .:I I-- 0 i-- PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Mr. & Mrs. Reginald F. Tuthill Mr. & Mrs. Lawrence Dorman Beatrice Ducrot Mr. & Mrs. Eugene B. Feigelson Ann F. Callahan ~Joseph Townsend, Sr. and Joseph Townsend, Jr. *Mr. & Mrs. Walter Millis Address: PO Box 86, Orient, NY 11957 18 Ferry Road, Old Lyme, CT 06371 Back Lane, PO!~Box 332, Orient, NY 11957 Apt 22-L, 560 Riverside Drive, New York NY 10027 20 East 9th Street, New York NY 10003 216 Main Street, Greenport NY 11944 275 Back Lane, Orient NY 11957 Townsend Dorman MacKay Millis & Ors 18 Ferry Road, Old Lyme CT 06371 (Please note: The Southold Town assessment roll provides the following current owners name and current owners address information for Tax Map Parcel Number 17.-2-11 TOWNSEND DORMAN MACKAY MILLIS & ORS 18 FERRY ROAD, OLD LYME CT 06371 This is the address also shown for Mr. Lawrence Dorman. A copy of the Notice has been addressed in accoFdance wi'th'this information and mailed.) Tuthill Ruth P & Ors PO Box 86. Main Road, Orient NY 11957 Dorman Lawrence B & Jan Hill 18 Ferry Road, Old Lyme CT 06371 *Copies were sent to these individuals at the addresses shown in addition. STATE OF NEW YORK COUNTY OF SUFFOLK Nancy J. Kardwell Orient, NY 11957 that on the 5th day of a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southoid; that said Notices were mailed at the United States Post Office at Orient, New York 11957, that said Notices were mailed to each of said persons by (certified) mail. Sworn to before me this day of ~--P7-D~+~/L_, 19 ~ residing at 1100 Back Lane being duly sworn, deposes and says September ,19 97 , deponent mailed Bittersweet t, Celastris scandens and Celastris chinen- sisl. Although Bittersweet is loved for the brilliant coloring and decorative qualities of its fruits, it must be kept within bounds, as it has a propensity to clamber over surrounding trees and shrubs and in time will cause considerable damage. Measures of Control: Careful pruning wilt keep bitter- sweet under control, and in cases where eradication is desired it may either be cut down or it may be sprayed with one of the brush-killers containing 2,4,5-T plus 2,4-D (see page 608). [VINES] 60t ~mo~hered out large areas ~0f crop land, and enere farms have been abandoned because of its devastations. ~'Mea~urbs Of Control: In the past Japanese honeysucllle has been on0 of the most difficult of all plants to COntrol, onCe it gained headway, but the new brush-ki!iers have proved very effective, and it Can now be eradicated completely by spraying with 2.4,5-T I~lus 2,4-D (see page 608), The'spray should be appl ed when th~ plantS are in full leaf and are making act ve grOWth, from June to~ September being the most favorable period; :If the growth s dense, more than one application wil~ be ~qecessary.,~ A vigorous and thorough program'~of Dodder {Cuscuta';,: Known also as love-vine, strangle- spraying followed by a careful check-up the .next weed, and heflbind, dodder is one of the few parasitic ~ season will be necessary if effect ye control is to be plants which invade the garden, and it can become a secured. Better than eradication, however, is preven- very insidious and destructive pest. It is a leafless, lion. Don't plant it! Don't tolerate it on your property annual vine. After the seed has germinated the slender, under any Cimumstances! orange tendrils reach out unt 1 they come nfo contact with some neighbor ng plant, and they then entwine ' themselves about the stem. Being a true parasite, the tiny, sucker-like Stems pierce the sta k, and thenceforth increase in the spread of.poison ivy aurmg the pas the dodder draws its nourishment ent re y from the :fifty >'ear~ gives emphati;' proof that w~ .have been hos{ plant, completely losing its contact w th the ground. The dodder p ant has the appearance of a tangled mass~ of tin , orange, threadlike suckers and tendrils. It pro- ~4 Y ...... ¢,,~,e but bears clusters of small, uuces ~,o ts-~.~.*~ · ~ ~ :_ ^ ........ ~ dron to annually l'n some woodlands wh ch twenty years ago, wh te nowers, the seeas mature in ~,u~u~t ~,,u ~ the ground where they tie dormant during the winter, germinating the following spring. When allowed to go unchecked, dodder can become a very serious problem in the garden. It attacks annuals, perennials and vines, and once it has become well established it is difficult to eradicate it completely. MeasUres of Control: It is useless to attempt to disen- tangle the dodder plant from the plant which it has attacked, as new growth will start again if the tiniest pmce Is left attached to the host plant. The only sure measure of control s to root up or cut down the entire host plant, or such portion of the planl as has been attacked, and to ourn it immediately. Dodder can also be eradicated by spraying with 2,4-D, but this will also were a joy to explore for the wealth of wild flowers they contained, poison ivy has gradtfally established itself as a perman~m ground cover and has completely overwhelmed the lovely native azaleas and viburnums, the ferns and the wild flowers. It has become a serious economic pest in many an orchard and its rampant growth along roadsides and hedgerows spoils the enjoyment of the countryside for those~who are suscely tible to it, and there are very few who are immune. In areas where poison ivy ts onl~ starting its invasion prompt action On the part of the property-owners may avert disaster. Here the rule should be: Don't let it become established! In sections where it hasalready become rampam a united effort should be made on the usually kill the host plant as well. part of the entire community to eradicate it, Mehs~lre~ of Control: If poison ivy sprefid bnly by ex- one suckle (Lonicera japon ca) About tending its runners over the surface of the ground its JapaneSeve t fiveH earsY ago tnere; was --v,~:~rted into th s control would be a reasonably simple matter,on as'~these se n y- Y . . ;- ~.~ ..~:~h qnfortunatelv country a new aecoratlve c~!mt:cr w,,,-,~ · -, ~ : ed t become one of our most trouolesome at[a,~,,~,~ ~ J - . . . . was destln . o ..... ~ ....... : or the wall ufa build ng it blooms and sets seca. Btros ~. and devasta g Y . · ,~.~ ;o~,~o *o new local OhS and its spread, thus, hone suckle Because of its attractive appearance ano carr~ Y ' · nted b ro rt becSmes much more rapid. its fragrant blossoms tt is frequently pla YP~. ?.,.Y m comes w thin its reach In some sections should be done by someone who is not susceptible, anything wh' h ' · .......... : ..... rved *,runin,, saw blade may be attached it has destroyed acres of young forest growtll. It nas !and other and ~e 'ommended allin~or- c~ z o r~ 0 Z z o ~c~ z ~oard of ~rustees App!icat ~ County of Suffolk State of New York Nancy Kardwell and Joseph Kardwell BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR ~ A~OVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER .KNOWLEDGE AND BELIEFs, .AND ~_AT 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 SOUTEOLD ~ND THE TOWN TRUSTEES HARMLESS AND FREE FROM .ANY_ AND ALL DAMAGES AiND 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 APPLI CATION. SWORN TO BEFORE ME THIS ~ Signature DAY OF ~>cC~r~ ~!9 ~7 Notary Pubiid / FRAJ~IK ^. I~'ELIA 5HELDON d. TURTLETAUD : A.vtV~. R. ~.~US~R LAW OFR¢;t~ D' ELIA & TURTLETAUB 92.7 PORTWASHINGTON BOULEVARD P. O. BOX 71 PORT ~HINGTON. NY'it060 F~ (~16) 944'7027 LEONARD~I~UB TELECOPIER COVER SHEET TO= Board of Trustees, Town of Southhold ATTN: Dianne Herbert FAX NO.: (516) 16..5~1823 FROM: Leonard We intraub DATE: 9/16/97 RE~ardwell ADulication %SCTM #1000-17-2-15.4 NO. OF PAGES INCLUDING THIS SHEET= 4 C0~T$: Enclosed is a copy of a letter in opposition to the above application by Alison & Walter Millis dated September 10, 1997 and my letter dated September 16, 1997. Leonard Weintraub This transmittal contains PRIVILEGED AND CONFIDENTIAL information intended only for the use of the addressee(s) named above. If the reader of this message is not the intended recipient or the employee or agent responsible ~or delivering the message to the intended recipient(s), please note that ~y dissemination, distribution or copy of this communication is.strictly prohibited. Anyone who receives this communication i~ error should notify this office immediately by telephone and return the ori~ina~ message to the a3~ove address via the U.S. Mail. IF YOU DO NOT RECEIVE ALL ~AGES INDICATED ABOVE, PLEASE CALL (516) 9~4-3835 I~MEDIATELY! SEP 16 '97 12:48 D'ELIA&TURTLETAUB P.2 LEONARD WEINTRAU~ ATTORNE'Y AT LAW 9~7 PORT W~HINGTON PO ~DX 71 POI~'T W,~I-IIN~-'FON. NY' !10.~0 September 16, 1997 Board of TrUstees Town of Southhold P. 0. Box 1179 Southhold, NY 11971 Re: Nancy Kardwell, et al Application %SCTM #1000-17.2-15.4 Honorable Sirs: I am enclosing herewith a copy of a letter ~ted September 10, 1997 written by my clients, Mr. & Mrs. Millis. This letter is being faxed to your office In anticipation and for your use on the field inspection which I am advised is ~cheduled for September 17, 1997 at 1:30 P.M. The hard copy of this letter is being mailed to your office for your consaderation on the return date of the hearing on September 24, 1997. I expect to supplement the opposition to this application for your consideration on the return date. LW:mb enc. SEP 16 ~97 18:48 D'ELIA&TURTLETAUB, ......... ......... '. '='~ ~. ID. .4:..J44782~.3..~;~2 ....... ALISQN AND WALTER MILL1S B~x 183, 275 Back Lane !Orient, N. 'Y. 11957 September l O, 1997 · $o~thold Town I~oad of T~sie~s To.i,m ml~, po B~X'i179 So!r. hold NYlt' t Deter Bo.ard: In the mater i>fapCiean~ Nancy Kardwell and Joseph Kardwell SCTM # 10~, 0-17,-i1-15414eqties~ "a ~amralizexl walkway Io the beach, approx/mately i0 wide X 250 f¢~ tbn¢. ' as o0tlinext in a regi'sterexl lelte* re~ived from the Kardwells dated SeI~.~be~-2, ..weI ha~ ~v.~ral ipro£ound obj¢¢tlons. We enclose n co Ot'f.h¢ lel~er map received from Mrs. K~lrd~eil The beach m question to the we,t of'the ~xisting roadway iz owr~d by Beatrice Ducrot; [o the east by Townsend, Dorman, MacKay, Millis and otl~er~: The..poaioai to the oa,~ on which ~he proposed walkway ~nm~tes :~'tax.map nmlll:~r 4'/388¢ li?.-ll-11. : ' - ' '.'n'" v&i.,,,-,,,., ,,~,,,, ,,.~,,~ ,,,,,.,,, n,.,,,, ~,.,,.,,,,~.ii~,,,w.,~, ,.,.,,.;., ,,,~,,.t, ..,r b¢~ch wkich the Kardwells~do not own; i.e. the construction of the wzlkway would dar~age the bank~ of MurmiLake ~o provide a passageway of no use to the Kardwcqts. 2. As is clear ti'omlthe 'letter cited above and endo,v.~l, it is tl~ Kmdwell's irrt?mion ~o trans;(br our ex!sih!.g rig. hr of way to the beach fi.om [he resent roadwa {M~rm Lane) to.the new wldkway. Bm the present road can take vehicular traffic co, id ifi~ were eIoar~) wliieh the new "walkway'~ could not becau~ of ~he fragili .ty of · th{banks of_Murat Lake which k is to ~raverse. And the present road is a surveyed 15 f~t wide, not th~ I 0 t~et s/:~.eJfied for the walkway. So the new walk-,vay .is u~acceptabl~: as a right of way ~o the beai:h and thus tliei'e seems no point in building : 3 Most seriou~ of'all, ;die proposed walkway. !les along .2 ~teep bank (or mi~i-btuf¢) borde~ng. Mum{ Lake. The ne~;¢ssary grading and t,.n,~umg~- '-"~ , *~'.,, provide ~ ..stab!e~ wall. way. ih.~.the location. ; .Shown woald danmg, e ~}~is batik irretrievably and also m~pact d~e wdd lite v;,hmh bve,~ there. For ~ampte, d,.e pair of swans which live in Mum~ La~.e nestc-<i last .Tear n.a~ht ~/here the p:-'opomd walk'way would be bu~t~ Mman Lake is a nmque c~ri,ogity: if ii i glt~itl ,,link h.Mr= enntaining a salt water ioond ,Mth its own ecos-ystem. Any ¢~>ns-rrucn~n: atong, me mums wm aamage ~t.. I rmgt:." a~so polra out. f.h~rel .is no build'-,fig along the shores o£Mann .Lake at present except for r. he existing 10each acCess toadiand one b[k.e it at the eastern -~ld. I unders~d t~i To~ and N~w Yo~k Sta~ re~l~t~ons pro~ib ~ ~ns~ct~on on or near wet~nds and l~s p~opo~ wal~ay, w[fi~h Would ~ ~oul 35 f~t ~om the shore of Munn Lake, surel~ ~Is lha~ ~rohibifion 4. ~s. ~dW~ll t~s In her I~t~' lha~ an ad~tion~ p~o~e f~ the wal~ay to ~ive a t~dscaper ~cess i~o 'lh~ ~enslve top ~'o~h ofbkt~sWeet }ha~ :ii lhreae~~ thc~Maith.0f~e ~ t0~ i~ ~lide." ~s ~ simply non~n~. ~ mcmo~ ofd~r a& ~oek '~ck t~ ~e mid ~O's; the 5it~swea a~d ~e treei ~ve b~n living Mppily thi~ the Ka~dwells should be permitted to tear up a fragile ~ b~:~l~l a p~th which i.~ of no use to them and which is no u~e ffway. Surely this is thc klm of poimless environmcatal ~ed. to prevent and we hope you will turn it down, TOW ,I OF $© TH©LD P.O. Box 607 Orient, New York 11957 September 18, 1998 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Members of the Board of Town Trustees: This is to advise that we are withdrawing our application which was submitted to you on September 24, 1997. We have been informed that the hearing on applications cannot be adjourned beyond the period of one year, It is our intention to reapply at a future time. An agreement with the defendants in our legal proceeding has not been finalized. The legal issues will be resolved before we request your further consideration of our application. Please accept our gratitude for your kind cooperation in granting the adjournments requested during the past year, cc: Mr. Howard E. Pachman, Attorney representing Lawrence B. Dorman and Joseph L. Townsend, III Mr. Leonard Weintraub, Attorney representing Alison M. Millis Alison M. Millis Mr. George E. Dazze, Attorney representing Mr. & Mrs. Feigelson and Ann Callahan Mr. and Mrs. Eugene B. Feigelson Ann F, Callahan Beatrice Ducrot 08~20/1998 16~ ~ROM Kard~ell TO 765182~ P.O1 Fax; 516-765-1823 P.O. Box 775 Orient. New York I1957 August ZO, 1998 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold. New York 11971 Dear Members of the Board of Town Trustees: This is to request that the hearing on m~ application for permit be adjourned until next month's scheduled hearing date and time, Wednesday. September 23, 1998, at 7:00 pm. Additional time is required for negotiations with the defendants in our legal proceeding. Your cooperation in granting this delay would be very much appreciated. ¢c: Mr. Howard E. P~chman, Attorney representing Lawrence B. Dorman and Joseph L. Townsend. III Mr. Leonard Weintraub, Attorney representing Alison M, Milli$ Alison M. Millis Mr. George E. Dazzo, Attorney representing Mr. & Mrs. Feigelson and Ann Callahan Mr. and Mrs, Eugene B, Feigelson Ann F. Callahan Beatrice Ducrot /ardwel 1 TOTRL P.01 02x16x1998 12~50 FROH K a ~'~? ]~ ] FAX: 516-765=1823 P.01 P.O. Box Orient, New York 11957 February 16, 1998 Mrs. Biane Herbert Board of Town Trustees Town of Southold Town Hall. 53095 Main Road Southold, New York 11971 Dear Diane: It will be necessary for me to send a request for adjournment of the hearing on my application aga3n this month. I tried to call you this morning to advise you, but found that the office must be closed for the holiday. If you are going to be out with members of the Board making field inspections tomorrow.and have no time to call, will you please call me on Wednesday to let me know the dates in March for the field inspection and the scheduled hearing so that I can prepare a formal letter requesting the adjournment with copies for sending to the various individuals involved. Thank you very much for your cooperation. P.O, Box 775 Orient, New York 11957 November 14, 1997 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Members of the Board of Town Trustees: This is to request that you adjourn the hearing on my application for permit until next month's scheduled hearing date and time, December 17, 1997, 7:00 pm. It has been mutually agreed with the attorneys for the defendants in our legal case that additional time is needed for negotiations. Your cooperation in granting this delay would be very much appreciated, cc: Mr. Howard E, Pachman, Attorney representing Lawrence B, Dorman and Joseph L. Townsend, III Mr, Leonard Weintraub, Attorney representing Alison M. Millis Mr. and Mrs. Eugene B. Feigelson Ann F. Callahan Beatrice Ducrot ~meofln~ red EUGENE B. FEIGELSON AND ! LINDA FEIGELSON, HIS WIFE The estate c ~ntereet inst~red by this policy is vested in th insured by me, aris of D E D recorded 1/16/81 Schedule The premise ,No. 80-52-33880F mour of $i35,000.00 12/30/8'0 ; in which the insured has the estate or interest covered by this policy is described on the description sheet annexed, H~ OF WAY in L. 3460 po 190~ L. 5958 p. 373 RIG - EAS~ENT in L. 5958 p. 375. POSSIBLE unpaid water charges. INVE Tuyl of T COM~ Comp~ SUB J] beac] no ,~OMT the show [o:~e~'contain any forfeiture, reversion or right of re-entry provisio ~ST~ insures an easement of ingress and egress over the Right of Way fr~ lain Road to premises and the Right of Way to the Long Island Sound as on survey by Roderick Van Tuyl, P.C., dated 12/4/80. ~TIGATION disclosed that Main Road as shown on survey by Roderick Van P.C,,' dated12/4/80 is maintained by the Stat~ of New York Department :ansportation. ~NY-gxcepts. rSparian rights ~Dd ~as~ments Qf. Qthers over Munn Lake. lny ~oes not ~nsure SUCh r~gnts ~n =avor o= nne owner. ~CT to the rights of others in and to the use of part of Parcel II as a t. ' Schedule The followi~ estates, into%eels, defects, obiect~nn t° title' liens end incumbrances and °ther matters are excepted from the c°verages of this p°I{cy: I~ Defectse~ FincumbrsncesarisJng orbecomJnga lien af~er the dete °f this p°licy' except as herein provided- 2. C0~seque~ces of the exerc~es and enforcement or attempted enforcement of any goYernmentei war or police powers over the premises. improve~ re'et of the premises adopted or ~mposed by a~¥ governmental cony, or me eneu~ ~, =~,y ,,=,~.,,w 4. Judgmenls against the insured or estates interests, defects objections, liens or incumbrances created, suffered, assumed or agreedto, by c~ with the privY;fy of the insured, t · b ,ndthe,inesofthe remises orfitletoaresawithinor~lhtsureesementsinam~'sb?ttin-g-streets:? -a?'s. '~ve~'u?'[~-e~-~es~%~re~.a[~' Or the ~t to rnemtmn therein vaults, [unne~s. ~m.p~ .u. =,? u,,,=..=..-~ .......... ~ ~. : ....... =---=se exc~'ed, lnsuresthe ordinsre rights of access 5,-q'itleto preps? .ay . , ~ P , __ ......... ~..; .....~,.. A. Irnr~rovement ~nless this policy speclRcall¥ provlaes ~seme~s are ~nsured~ N~tw~thetanding any pr~ws~ons ~ thm p~rag~aph t~ the c~ntrarY~ tn~s p~ncy ume~ u~e~w~ ""' __ and egre~ belonging to abutting owners, 6, Tiffs toady personal property, whether the same be attached to or used in connect[on with said premises or otherwise. SURVEY by Roderick Van Tuyl, dated 12/4/80 shows a one story house, shed, ~gara~e, pump house and a concrete sla~.; v.a.r.~at[ons bet.ween' f~ence_~s_~a_n~d_.___ reco~d li~es. Company insures that the w~tnin covenants aha have no~ been violated by the improvements shown on sarvey set.forth herein -2- ~RCE£ II ( continuud ) EGINNING aC a granite ~Dnu~mnt which ~s the po~ e s o ~p, survey~ ~tober 18, 1917 by Halsey & Van Tuyl, Engineers and Surveyors~ sterlu line of Munn Lane and the li, n= be~een ' P f Greenport, N.Y. of ~p entitled, "Map showing Division of Beach at Mantaloklng ~ilt., Orient, N.Y. ", .(filed in the Office of the Clerk of Suffolk Co~ty on Nove~er ~9, 1921, as Map No. 765); ' ~ence from said beginning easterly South 85° 16' East 170.I feet to land now or hence northerlg 0~ 53' w~st 42.3 fee~ to a granite ~nu~nt and c°~tinuing northerl~ ~tong the same course 25' feet ~re or less to ~e high water mark of ~ng Ist~d So~d; ~hence westerly along the high water line"of ~ong Island Sound, South 135 feet ~re Or ess' to a ~int ~out northerly of the point of begin~ng; and ' ' · · ~- ..... ~- 6~ 4~' West 42 feet to ~e ~int or place of.~ginning~ 'OCETIIER with ~he right of ingress to and eqress from Parcel I~ to ~d from Panel · T~ETH~ with an interest in co~m~n with others in a right of way,-as described m~diately ~low. ) Of'iand formerly of ..ARCEL III ~ Rig.%t of wag beginning at a point at the southeasterly corner . land formerly · ~ugenia V. Miller and her husband John Miller on the boundary line of · OW or for~orlb' of NCKag and land now or formerly of ~onument. (located on the westert~ line of Parcel I) On ~ne sougneas.=er~y ~and now or formerly of Mrs. F~ Dorman, ahd . running'thence North 73~ 05' 30" West 33,39 feet to a monument; ... 'running thence along land now or formerly .of Stuart C.. Dorman North 6" 50~ 40;' East 231.74 feet to a point in the .Southerly line of land now or formerly of B. Ducrot; running thence along said line and crossing Back Lane as shOWn on the map of Matolokin¢ fHitls (filed .September 17, 1912, as Map No. 163 in the Clerk's Officeof Suffolk count~. I 33 feet to a stone post in ~he Westerl'y. line of land now Or formerl~ of stuart c. Dor~ ~running thence along said line the following courses and distances: ii.' South 5~ 30' 30" west ~117.0 feet; - i' ' 2. South 8~ 1i' 30" WeSt !21:25 feet to the crosscut, the point or place'of'beginning M~G. GROUP ID :12125222717 SEP 16'97 12:17 No.O05 P,O$ NOTICE TO ADJACENT PROPERTY OWNER BOARD ~OF TRUST~-ES~ TOWN OF SOUTHOT.D In the matter of aDplicant: Nancy Kardwell and Joseph Kardwell SCTM#1000-] 7.-2-15.4 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to; 6reate a naturalized walkway to the beach, approximate]y lO feet wide x 250 feet long. 2. That ~he property which i~ the subject of Environmental Review i~ located adjacent to your property and ia described as follows: Oistrtctl000, Section 17, Block Z, Lot 15.4 3. That the project which IA subject to Environmental Review under Chapterm 32, 37, or 97 of the Town Code is open to 9ublic comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Nancy Kardwell and Joseph Kardwell MAILING ADDRESS:- P. 0, Bgx 775 Orient, New York 11957 PHONE # [ ¢516) 323-24~ Eno..: CoDy of sketch or plan showing proposal for your convenience. Name of insled EUGENE B. FEIGELSON AND LINDA PEIGELSON, HIS WIPE The estate o~interest inSUred by this policy is vast~ in thetinsured by means of D E ~ D recorded 1/16/81 Date of issue 80-52-33880F 8135,000.00 12/3o/s'o Schedul~ The premise Schedule The followin 1, Defects a~ 2. COnse~u~ 3. Any laws ircproven 4. Judgrcen r in which the insured has the estate or interest covered by this policy is described on the description ~,heet annexed. estates, fnte'reats, defects, objection to title, liens and incurcbrances end other matters are excepted frorc the coverages of this policy: :~ incu~r~br~nces arising or becorcing a lien after the date of this policy, except as herein provided. noes of the exercise and enforcement or attercpted enforcement of any governrcental war or potice powers over the prerctses. regulations or ordinances (including, but not limited to zoning, building, end environrcental protection) as to the use, OCCupancy, subdivision or tent o{ the prerclses adopted or ircposed by af~y governmeotai body, or the effect of any noncompliance with any violation thereof, · against the insured or sautes, interests, defects, objections, liens or incumbrances created, suffered, essurced or agrsedto, by or with the privily of the 5..Tifletolan be endthe nesoftheprem ses~ortitlet~areaswithin~rrightsoreesemeotsineoyabuttingstreats~r~eds'aveo?.ec'l?r~es~w?y?~?rw~te~rway~r~ ! prope~y .y . ~ - .... i---r~,emenL unless this no icy specifically prowoes that euc~ t~nes r~gnte, br the rig ~t to rcainta~n thereto vaults, tunnels, ramps or an~y otner.s~r,u~;~u? u~ ,,,~ ~- ,- ~ ....... , .....~-~---~ ~xc~ted insures the ord nary rights of access and egre~ s belonging to abutting own ers. T~tzte to a~y personal property, whether the serce be attached to or used in connection w/th said premises or otherwise, MOR~AGE 'held by INDEPENDENCE SA%'I~GS BANK, recorded 1/16/81. SURVEYj by Roderick Van Tuyl, dated 12/4/80 shows a one-story house, shed, .garage, pump house and a concrete slab; va.r.iations bet.ween f~ence_~s__~a_n~d .... re¢o~d lines. Company insures that the within covenants an~ have .not been viol. ated by the improvements shown on s/trey set.forth herein [o-'~e~onta~n any forfeiture, reversion or right of re-entry provisio 'no'~ sho~ II,1VE Tuyl of T COMR Comp SUBJ beaci RIGH, EAS~ POSS ,NY insures an easement of ingress and egress over the Right of Way fro lain Road to premises and the Right of Way to the Long Island Sound as on survey by Roderick Van Tuyl, P.C., dated 12/4/80. ~TIGATION disclosed that Main Road as shown on survey by Roderick Van i p.C, ,~ dated' 12/4/80 is maintained by the Stat'e of New York Department ~ansportation. ~NY*e~xcepts. r~parian rights .a.nd ~asgments Qf. ~thers over Munn Lake. ~ny ~oes no= ~nsure SUCh r~gn=s ~n ~avor o~ une owner. :CT to %he rights of others in and to the use of par[ of Parcel II as a OF WAY in L. 3460 p. 190; L. 5958 p. 373. ~NT in L. 5958 p. 375. BLE unpaid water charges. -2- ARCE£ II ( continued ) 'EGINNING aC a granite ~nul;mnt which is the point of the intersection of the .esterly line of Munn Lane ahd the ii, ne between the Beach and-upland as shown on map, surveyed October 18, 1917 by Halsey & Van Tuyl, Engineers .and. Surveyors, !f Greenport, N.Y. of map entitled, "Map showing Division of Beach at Manta. loking !ill., Orient, N.Y. ", .(fited~in the Office of the Clerk of SuffolkCOunty on November i9, 1921, as Map No. 765); hence, from said beginning easteri~3 SOUth $5~ t6' East i70.1 feet to land n. ow or her~ce northerly 0~ 53' West 42.3 feet to a granite m~nument and continuing northerl~ ~long the same course 25'feet more or less to the high water mark of Long Island soUnd; hence westerly along the high water line'of Long Island Sound, South 135 feet more or iess' to a point about northerly of the point 'of beginning; and .hence southerly 6~ 44' West 42 feet to the point or place of beginnings. ~OGETNER with the right of ingreSS to and eqress from Parcel I& ~to and from Parcel I '~ver Back. Lane and Munn Lane. .as shown on the survey of van'Tuyl & Son 'dated Apri! 13, ~966. ' · · I{TOGETH£'R wit. h an interest in co~m~n with others in a rig~t of way, .as described ~mmediately below. ) ' .~ Right of Wag beginning at ~ point at the southeasterl~ corner of iand formerly of ~ugenia V. Miller and her husband John Miller on the boundar~ line of .land .formerly ~f'J.H. Darlington, which point ;,arks the northeasterly corner of land now or forme~l~ ~f McKay and is 10.89 £eet~northerly measured along the d~iviSion'li~e-between land :~ow Or formerlb~ of McKay and land now or formerly of Mrs. F. Dorman, fr. om'a concrete ~onument {located on the westerly line of~ Parcel i) on the southeas.terly corn~ of ~.a~d now or formerl~ of Mrs. Fi Dorman, and ~ing thence North 73~ 05' 30" West 3~,39 feet to a mOnument; . . I running thenc~ along land now or formerly of ·Stuart C. Dorman North 6~ 50'~ 40" East I 231.74 feet to a point in the .Southerly line of land now or formeri~ of B. Ducrot; running thence along said line and crossing Back Lane as shown on the map of Matolokin~ iHills (filed September 17, 1912, as Map No. ·163 in the Clerk~s Office of Suffolk Count~. i3'3 feet to a ston~ post in the. westerly, line of land now Or former!~ of stuart C. Dorm~ thence along said line the following courses and~distance$: South $~ 30~ 30" West ~117.0 feet; . ' South 8~ 1i' 30" West !21·725 feet to the crosscut, the POint or place of beginning FAX NO: 516-727-~940 J~l~e 12, 1997 W~11iam W. Esseks, ~. EBsehs, Hefter &Angel ~.O. Box 2?9 R~verhead, New York 11901-0209 Re: F~rdwell v. Do~/l, et al. ~ar Bill: I have received a call from L/nda F. Feigelson who, I am sure ~uwill remember, was a party defendant together withher husband , the action entitled N~n~? P. Kardwe11 v. Barbara ~U will also remember that we entered into a~ agreement in that c~se.~aragraph '7' of the settlement agreement reads, as £ollows: ~ objectzon to ~he moving of ~he presen~ l~unn ~'~ Lane and the northeast.port,on o~ The j_~l on the pa~ oE the pla~ntiE~ about 20 ~o SO n j F'I t a ocatio to be -I~ uoon. zn ~he ~ture between .the plaff~ntif~, 2hat"'such-remov~l shall be at the sole cost Munn Lane and the nor~heastportzono~ The Young, dated March 25, 1982, and identified ora_DDas Exhibit B in the above-mentioned complaint. In order that CALLAHANandFEIG~LSONmayhave knowledge o~ ~he proposed plan o£ removal, a eketc~ of the same and of the proposed new location shall first be submi~Ced to them royal. - ~ ~ ~illiam W. Esseks, Esq. 12, 1997 'Mrs .Feigelson has .advised me t2~at you. ap~en~y are ~eari~ in ~ome proceeding a~ the preset t-~ involving the ~y that is referre~ ~o ~ the ~ttle~ a~nt ~d she ask~ me to advise ~u ~at i~ t~ location o~ the prope~y ~y ~er w~tever to ~ ch~ed or affectS, =~t her ~such c~e is re~ire~ ~er the te~ of P~a~aph "7". I ~ld appreciate it if ~u ~ul~ ac~l~e receipt of sincere~, · Mrs. Linda~ F. Feigelson ~ RECEIPT OF THIS LETTER IS ACKNOWLEDGED o~ Main Road 0rieRt, New York 11957 July 13, 1990 :ar Joe: We have noticed that you may be preparing to move the right e.w. ay path to the beach. The visible signs that suggest this -- Clearing of the Easte~:~ hillside abutting Munn Pond. -- Division and partial paving of the original and current right of way path. -- Grassing over the remainder of the path. -- Overgrowth on the lower Section of the path to the beach. . M~ O= Gene & Linda Feigelson Michael & Ann Callahan Joseph Kardwell nn Lane lent, New York 11957 Plea e submit any plane for relocation of the right of way p~th as the agreement calls for our prior approval. ~ In a99ition we remind you of our concern with the . p~eeervatlon of o.u~.vehicular access to the beach. You will rgcall your objectxon to the u~e of such language in the ~[e.em.en~. At your ~eq~est we agreed todeletethe word ~ehxole"{ ~we~er, it was clearly our mutual %h~erstand.'.a~that a~y new rxg~= cz way path would have to accommodate a vehicle, ~~st as the current one does now. · ~ Also, we cai1 yo%~r attention to the bricks' jutting out of =~e grou~.9 where the newly paved portion of.the path meets the g~,ass pa~. Weare concerned that these ~r~cks and the uneven 19vele between the paved and grasee~ portlo~s are a hazard to c~oesing the ~athby foot or vehicle.~ WAI,TER MILLIS Box 183, 275 Back Lane Orient, N.Y. 11957 I' OVV OF $OUTHOL [ October 27, 1997 Southold Town Board of Trustees Town Hall Southold, NY 11971 Dear Board: Earlier this year Nancy Kardwell submitted an application to you to construct a 10 foot wide "Scenic Walkway" along the bank bordering the west side of Munn Lake in Orient. She said she proposed eventually to offer it as a substitute right of way to those of us who have a right of way over the Kardwetl property to the Sound beach to the north of it. We va-ote to you at the time outlining our objections to such a proposal. We have now received a copy of a letter from Mrs. Kardwell to you dated October 23 suggesting that the project has been changed from constructing a ten foot scenic walkway to constructing a 15 foot wide road capable of carrying vehicles along the side of Munn Lake to provide access to the Sound beach owned by Dorman, Mitlis and Townsend, (tax map number 473889 17.-2-11); a construction that would apparently involve considerable land clearing, earth moving and the construction of retaining walls. (There is presently no construction along the shores of Munn Lake other than the two access roads, one at the east and one at the west end and both of these are further away from the lake than the proposed road.) We object to this newly proposed construction because it would be even more destructive of the ecology of Munn Lake than the original proposal and because it is completely unnecessary. There are further questions about the usefulness of the proposed road and, if it were built, its maintenance. To take these points in detail: it seems impossible to carry out the necessary earthmo~-ing, grading and filling without destroying a portion of the wetlands habitat along the shore of Munn Lake, a unique salt-water glacial sink.. That's where a lot of the avian residents of Munn Lake get their food. That's right where the pair of swans that live year-round in Munn Lake nested last year. The vegetation along that bank is home to bird and animal species and it seems a shame to disturb them needlessly. This disturbance is so needless because the proposed road is needless; it would lie about an average often feet east of an existing 15 foot wide vehicular road named Munn Lane leading to the same beach. Munn Lane has been the access to that particular strip of Sound beach since the early years of this century. We attach a letter from Gertrude Vail Rich, the previous owner of the property to support this. As to the usefulness of the proposed road, one of the right-of-way holders who can use the existing Munn Lane to reach her beach could not use the new fight-of-way without getting a further right-of-way over the section of the Dorman beach onto which the new road would debouch. Finally, let me raise the matter of maintenance. As the property owners, presumably it would be up to the Kardwells to maintain the new right of way, although the point could be discussed. But we should point out that the Kardwells have done very little to maintain the existing right-of-way (Munn Lane), allowing the vegetation on either side to constrict and narrow it; and allowing their swimming pool surround and fence to encroach onto the original 15 foot wide road. To summarize, we see no point in destroying the western shore of Munn Lake simply to permit the relocation ora perfectly usable (if maintained) road by a few feet. As our original letter said, "Surely this is the kind of pointless environmental violence the taws are designed to prevent and we hope you will turn it down." Walter Millis Alison M. Millis GERTRUDE V. RICH P. O. BOX 95 ORIENT, N. Y. 11957 October 20, 1997 Southold Town Board of Trustees Town Hall Southold, N. Y. Dear Trustees: The property now owned by Mr. and Mrs. Kardwell is well known to me. My mother, Alma Vail Knox, bought it in 194~, I was frequently in residence there until her death in 1971 when I inherited the property, 1Mng on it myself until I sold it to Joseph and Nancy Kardwell in 1974. During ali that time, Munn Lane was the access road and right of way to the beach now known as Tax map number 473889 17.-2-11, the property of Townsend, Dorman, Millis and Others. It was consistently and continually used for pedestrian access by all the surrounding property owners and their guests as well as by those who -- while not necessarily adjacent property owners -- had the right of access to the beach. In addition to the pedestrian access mentioned, Munn Lane was also consistently used for vehicular access to permit the drop offand collection of people and bulky objects by motor vehicle or to permit access by ambulance should that ever bec~jne necessary. Sincerely, Gertrude V. Rich Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUT]KOLD TOWN CONSERVATION ADVISORY COUNCIL The following action was taken a meeting of the Southold Town Conservation Advisory Council held Monday, October 27, 1997: No. lU~90 Moved by Scott Hilary, seconded by Betty Wells, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Permit application of NANCY and JOSEPH KARDWELL 17-2-15.~ to create a passageway to the beach, 15 feet-wide x approximately 250 feet long. All work to be completed by hand, minor soil disturbance, n~ heavy equipment of machinery to be used. Possible there will be a few natural steps made out of landscape timbers. 1100 Back Lane (Munn Lane), Orient Vote of Council: Ayes: All Motion Carried P.O. Box 775 Orient, New October 23, 1997 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Members of the Board of Town Trustees: This letter is in regard to my application for permit which is to be considered at the public hearing on Wednesday, October 29th. Several individuals had warned me that, due to the reduction in staffing at the State Department of Environmental Conservation, it could be months before anyone could be expected to visit my property in Orient to make decisions regarding my desired project. Since I was being pressed to proceed with the legal agreement which we are attempting to reach with people who have right- of-way through my property, I believed it was necessary to initiate submittal of the local permit application to you without knowledge of the DECks position. Fortunately, however, on Friday, October 10th, two biologists from the DEC, Mr. Roy Jacobson and Ms. Nancy Jarman, were able to come to make a wetlands boundary determination, and to discuss the project with me. They determined that the wetlands boundary on my property is at the edge of Munn Lake, and they informed me concerning the recommendations they will make to the project analyst who will handle my permit application. The purpose of this letter is to respectfully request that you grant the same permissions. Mr. Jacobson and Ms. Jarman indicated they will provide positive recommendations as follows: m The current 15 foot wide right-of-way could be relocated to the approximate position as flagged, and as indicated on the sketch submitted to you in my application. We would be required to remove the sprinkler system and the grass from the portion of the existing right-of-way that runs down the hill alongside the fence which bounds the pool area, and then plant that area with indigenous plants, place jute netting on the ground around the plants, and spread grass seed to hold the soil while the plants are becoming established and wild growth moves in. This work on the existing right-of-way would be done after the new right-of-way has been created and stabilized. On the relocated right-of-way the landscaper would be allowed to use a tractor (or landscaper's dozer) to smooth the surface, and topsoil fill could be added where needed. Before this work would begin, hay bales would be staked in place to hold the soil, and they would be left in place until the passageway area had fully stabilized. A type of grass which would not require fertilizer could be planted the full length of the passageway, and could be mowed for maintenance. Telephone (516) 765-1801 Town H'a. iL .53095 Main Road P.O. Box 1179 8outhold. New York 11971 SOUTttOLD TOWN CONSERV2kTION ADVISORY COUNCIL The following recommendation was adopted at the meeting of the Southold Town- Conservation Advisory Council held Monday, September 22, 1997~ WR-84 Moved by Kenneth Meskill, seconded by Scott Hilary, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Waiver Request of NANCY and JOSEPH KARDWELL 17-2-15.~, to construct a 250' x 10' walkway with 10 natural steps, made out of landscape timbers. 1100 Back Lane (Munn Lane), Orient The Council recommends disapproval, the project should require a Wetland Permit because there is too much potential for an 'mpact on the wetlands to allow a waiver. Vote of Council: Ayes: All Motion Carried Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel september 25, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Nancy & Joseph Kardwell 110 Back Lane. & Munn Lane P.O. Box 775 Orient NY 11957 RE: SCTM ~17-2-15.4 Dear Mr. & Mrs. Kardwell, The following action was taken at the Southold Town Board of Trustees Regular Meeting on September 24, 1997: RESOLVED, that the Southold Town Board of Trustees denied the request for a Waiver to const~,~t a 250' X 10' walkwa~ with 10 natural steps made out of landscap~ timbers, and requested a. full application. If you have any questions, please feel free to contact our office at 765-1892. Sincerely, Albert J. KrUpski, Jr. President, Boar~ of Trustees AJK/djh P. O. Box 775 Orient, New York 11957 September 12, 1997 Board of Town Trustees Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Dear Members of the Board of Town Trustees: Since youm schedule is usually very busy on the day of on-site visits, it was recommended that I write a letter to accompany our application for permit to provide explanation of our position for your advance consideration. We were forced in 1982 to institute a legal proceeding to prevent further erosion of privacy and devaluation of our property which had occurred due to the multiplying of owners of a beach parcel located adjacent to the northeast corner of our property. A right-of-way through our property was extended to the additional owners. We are attempting now to regain some degree of privacy by relocating the position of the right-of-way. A brief background may help to clarify the situation. Our survey shows the full area of land that was originally planned for twelve sites. The original subdivision map, entitled "Map of Bungalow Sites Mantaloking Hills" was filed in the Office of the Clerk of Suffolk County on September 19, 1908, as Map No. 620; a copy is attached hereto. The roadways were designed to serve the 12 bungalow sites. Ultimately, however, several lots were purchased by the same individuals, and only three sites evolved in the early 1900s (a fourth site was created in the late 1960s or early 1970s, presently owned by Beatrice Ducrot, 17.-2-16). Additional maps were filed in 1912 and 1921 to eliminate roads (South Lane and part of The Circle shown by dashed lines on survey) that ran through the Dorman property, 17.-2-14, and relocate Maple Lane to the edge of that property, and to subdivide the beach area. The original plan had designated "Beach Reservation" for use by all 12 planned sites; the revised maps subdivided the beach into three parcels, one to belong to each of the three owners of the lots (the fourth beach parcel was later created, 17.-2-15.3, presently owned by Beatrice Ducrot). Please note that similar consideration was not given at that time to eliminate roadways running through the property that we own, Our property is not cut in half, but is cut into three sections. People with right-of- way can walk through our yard between our house and pool area, or on the roadway that passes under our bedroom windows, and on the walkway that passes right alongside our swimming pool. When we learned in the early 1980s that descendents of Franklin Dorman who had inherited the beach parcel, 17,-2-11, were further splitting the ownership of the beach parcel by selling 1/12th fractions, we approached Stuart Dorman's widow, the late Barbara Dorman, and requested her cooperation in allowing us to restore some of our lost privacy. We asked her to establish a price that we could pay to eliminate the portion of North Lane that separated our house from our planned swimming pool area. When she advised that her son, Lawrence Dorman, denied granting this consideration, we discussed our options with our attorneys, It was clear that, left unchecked, the splitting of ownership of the beach parcel would in time go to 1/24ths, and onward, In 1982 we instituted an action to attempt to legally protect our rights. At the present time, our attorneys are close to completing an agreement with the defendants. If the agreement is signed based on the present outline, we will be required to pay quite a large sum to enable us to close the portion of North Lane which separates our residence from our pool area, A right- of-way through our property will still be held by the following individuals (included as recipients of the "Notice To Adjacent Property Owners"): Owner of Beach Parcel 17,-2-15.3: Beatrice Ducrot (also owns 17.-2-16) Owners of Beach Parcel 17.-2-11: Mr. and Mrs. Lawrence Dorman (Lawrence and Jan) (also own 17.-2-14) Mr. and Mrs, Eugene Feigelson (Eugene and Linda) (also own 17.-4-14) Ann F. Callahan (also owns 17.-4-15) Mr. Joseph Townsend, Sr. Mr. and Mrs. Walter Millis (Walter and Allison) (also own ]7,-4-26) The legal agreement would also prevent further fractioning of the beach parcel, with the following exception: we have had to make a concession which wilt allow the owner of 17.-2-14 to potentially grant three additional ownerships in the beach parcel (if he is unable to sell 17.-2-14 as one. parcel and has to divide it, and if he is unable to sell as one unit property he owns outside of the original Mantaloking Hills subdivision -- Lots 17.-4-12.1 and 17.-4-13.1 -- and has to sell these two parcels separately). Thi's would result in members and guests from nine separate households having a right-of-way to use the roadway along the side of our house and the walkway to the beach, Consequently, we are in hopes of relocating the walkway to the beach to the proposed location on our property as shown in the sketch we have included in our application. This would enable us to remove the unsightly stockade fence which we had to install to gain visual privacy in our pool area. There is vegetation which will provide a natural screen between the proposed walkway area and our pool area. We would regain the longer view across Munn Lake which we lost when the stockade fence was erected. And, the relocation would enable both us and %he individuals using the right-of-way to maintain conversations with increased privacy. Over 60% of our 3.2 acres (approximately 84,600 square feet) falls under the local and the state DEC jurisdiction for Tidal Wetlands and Freshwater Wetlands. We strongly believe in the great value of protecting the environment. We kept the area of Munn Lake that we own, and the hillside above it, in its pristine condition during the years before the Wetlands Acts went into effect. Now, we sincerely hope that you will consider our unique position as outlined above, and recognize our human needs involved, We are not asking to build docks or platforms, or decks, or any structure that would adversely affect the wetlands. We are asking for a walkway that we can reasonably offer to the holders of the right-of-way, so that they can walk side by side and enjoy a comfortable stroll to their property. We have consulted with a professional engineer and a professional landscaper who came to view the site, and both are of the opinion that the project is quite feasible and certainly would not have adverse affects on the environment. If you have any question, please call us at 323-2483. We have requested to be present for your on-site visit on September 17, and would appreciate the opportunity of meeting you at that time. Encls. ~ JX Kardwell I .EONARD WEINTP~ ATTORNEY AT LAW 92? PORT Wz%~I-tINGTON EIOULE'VARD PO BOX 71 PORT WASHINGTON. NY II050 (516) 94z[-3838 FAX (516) 944-7027 TO¥ N OF S _UTHOLa September 16, 1997 Board of Trustees Town of Southhold P. O. Box 1179 Southhold, NY 11971 Re: Nancy Kardwell, et al Application ~SCTM %1000-17.2-15.4 Honorable Sirs: I am enclosing herewith a copy of a letter dated September 10, 1997 written by my clients, Mr. & Mrs. Millis. This letter is being faxed to your office in anticipation and for your use on the field inspection which I am advised is scheduled for September 17, 1997 at 1:30 P.M. The hard copy of this letter is being mailed to your office for your consideration on the return date of the hearing on September 24, 1997. I expect to supplement the opposition to this application for your consideration on the return date. LW:mb enc. FRANK A. D'ELIA SHELDON O. TURTLETAUB AVIVA R. ZA. USH ER LAW OfftG 'L'% D' ELIA 8:: TURTLETAUB 9P7 PORT WASHINGTON BOULEVARD P. O. BOX 71 PORT WASIilNGTON, NY 110bO (6161944'3838 FAX (bi6} 944-702? LEONARD WEINTRAUB O~ COU~i'S EL TELECOPIER COVER SHEET TO: Board of Trustees, Town of Southhold ATTN: Dianne Herbert FAX NO.: (516) 765,1823 FROM: DATE: Leonard Weintraub 9/16/97 RE~ardwell Application #SCTM #1000-17-2-15.4 HO. OF PAGES INCLUDING THIS SHEET: 4 COI4/¢ENTS: Enclosed is a copy of a letter in opp6sition to the above application by Alison & Walter Millis dated September 10, 1997 and my letter dated September 16, 1997. Leonard Weintraub This transmittal contains PRIVILEGED A1TD CONFIDENTIAL information intended only for the use of the addressee(s) named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient(s), please note that any dissemination, distribution or copy of this communication is strictly prohibited. A/lyone who receives this coramunication in error should notify this office immediately by telephone and return the original message to the above address via the U.S. Mail. IF YOU DO NOT RECEIVE ALL PAGES INDICATED ABOVE, PLEASE CALL (516) 944-3838 I14/~EDIATELY! ~.LIS( ~N' AND WALTER MILLIS BOx 183, 275 Back Lane Orient, N. Y, 11957 SoI:thotd Town ]~oard of ~slees 7{'oWn Halt, PO Bpx 'i179 Soltthold..NY 1 t'97I Dear Board: ] in the matter of ap[ 1000-17 -_-~ 5.4 requestm~ wia¢ x 2s0 feet ~bng." as; map received from Mrs, K~ Septmrlber I07 't~)7 roadway is owned by Beatrice Ducrot; to the east by Townsend, Dorman, MacKay, Millis and~ others: The.pOrtion to ihe east on which the proposed walk~'~5."'~knni~ates is tax map number 473889 li7.-2-11. be~ch wNch the [ardweltsldo not ov,~; i.e_ the cortstruction of the walBvay would damage ~he bank!, f ~ _ o · MunniLake to provide a passageway of no use to me Kardwells. -.*: As is citear from ~he. .b~[er cimd above and enclosed., it is ~,.e'~ Ku:dwell's '(myntbn to ?aris? our exlsting riser of way to the beach from the present roadway (M'um~ Lane) to :!~e ~ew wglk-way, Bm the pre~ent road can take vehicuNr traffic (or co}~td if P; were cleared) wl{[ch the new %,~lkw~e' ~,^.,*~t ,,m ~,,m;,~.~,= ,-,f ~ ' " ' ff~e baaki of Mum~ Lake w~ch ~ ~s to traverse, And ~he presem road is a surveyed 15' ~ka w~de~ not the 10'l~et s~' ecLfiad as a fighl of way to the 3 Most s~'io~s . of al!, {he p~%,os~ v, alk~av. ~ bus. ~:~tono.~ a steep baxk (or mmt-b,urO bordenng Mur~ Lako ...... i ne ~="~.e~ ..... ~D' s~admg~" : a~d ............... t~,m~,~ ,~. pro55de a ,',., example, ~he_ p>air., of. stYans winch ~ve in Munn iicant Nancy Kardwell mid JOsep'h KardwetI SCTM # ~'a naturatize~ watkweay to the beach, approximately i 0 feet ;ttlined in a registered letter received from the Kardwells dated :ral ipro£ound objectim~$_We enclose a¢opy of ibc letter-a~d~ rdwell. The beach in question to the west oflhe existing bea{:h access road and one like it al the eastern end. I understand tha Tow'a and New Yo=k State regulations proh~iNt construction on or nea, wetlands and this proposed wal~vay, which ,~ould be about 35 feet fi'om the shore of Munn Lake, surely hils under tha{ prolfNfion. ~ ~s. Kardweti ~avs in her l~re~ ~ltat an additiont~ pu~ose for the wal~ay ~0 give a Iandsca~er access itc 'li~e extensive top ~'ow~h of bittersweet that'is threare}~i~g lhe~ health.0fthe ~ees flox~ the hltside," TNs is simply nonsense. ~r memo~- oftlut ar~ goes back to the ~d 40'g; the bittersweet and the trees have b~n IM~g happily ~ In short, ~e do not thi~ the Kardwetts should be pemilted to tear up a ~a~te m~g udquc bit o~wotland tb bg~d a p~th which is of no use to thru mSd whteh ~s no use lo us as an attemate fi~t 9fway- Surely this is the ~nd of poimless enGmmnemal violence the taws are desired, to prevem ~d we hope you Mil mm h Sincerely, Alison ~. MilliS .... ,..- Walter I~tlis HRG, 6ROUP 'rb,'./2125222717 SEP 16_'97 12:16 No,O05 P,01 Box xl?o - ~ z o3n ~ LMm) ~o tho no~ walk3q- - ..... .~ roa~e~F (~ ~e~O~, ~h e~Aon v~oZaCes ~ ~.Mna a~ ~ ~o~....~_~?:Us ~a~ b w&d~ or ~n ~ho seua. and'~=~?~ o~ ~e =~le .~ ~L~ to ~ ~or a~vel, ~ ~ pAen ~Id ~ GROUP ZD:12125222717 S£P 16~97 12:17 No.O05 P.02 -1- P. O. Box 775 Orient,, New York 11957 September 2, 1997 Dear Adjacent Property Owner: Both a professional engineer and a landscaper with whom we'have consulted are of the opinion that a very beautiful walkway to the beach can be created that will be comfortable, increase privacy, and afford a great view across Munn Lake and Long Island Sound. We are submitting the required applications with the Town of Southold and the D.E.C,, with the intent that upon receiving their permits we will have the landscaper proceed to create the walkway, Part of the application process with The Town of Southold requires the enclosed notice to adjacent property owners. Once the walkway is completed, we will ask the individuals who have a right-of-way to the beach to examine the new walkway and then give consideration to relocation of the right-of-way. This will. enable all concerned to see exactly what exists in making their determination. An additional purpose in our making these applications for the walkway is to gain access for the landscaper to combat the extensive top growth of bittersweet that is threatening the health of the trees along the hillside. If the permits are granted, we will advise you when the landscaper has completed his work. GROUP ID...: 12125222717 SEP 16'97 12:17 No.O05 P .04 Sketch to sh? prol~sed Adjacent Nancy Kerdwell ~oseph Kardwe11 S¢TH~1000-17,-~-1~,4 AI,ISON AND WAI,TER MILLIS Box 183, 275 Back Lane Orient, N. Y. 11957 September 11, 1997 Southold Town Board of Trustees Town Hall, PO Box 1179 Southold. NY 11971 Dear Board: In the matter of applicant Nancy Kardwell and Joseph Kardwell SCTM # 1000-17.-2- t 5.4 requesting "a naturalized walkway to the beach, approximately 10 feet wide X 250 feet long" as outlined in a registered letter received from the Kardwells dated September 2, we have several profound objections. We enclose a copy of the letter and map received from Mrs. Kardwell. The beach in question to the west of the existing roadway is owned by Beatrice Ducrot; to the east by Townsend, Donnan, MacKay, Millis and others. The portion to the east on which the proposed walkway terminates is tax map number 473889 17.-2-11. 1. The proposed new walkway leads from Kardwell property onto a stretch of beach which the Kardwells do not own; i.e. the construction of the walkway would damage the banks of Munn Lake to provide a passageway of no use to the Kardwells. 2. As is clear from the letter cited above and enclosed, it is the Kardwell's intention to transfer our existing right of way to the beach from the present roadway (Munn Lane) to the new walkway. But the present road can take vehicular traffic (or could if it were cleared) which the new "walkway" could not because of the fragility of the banks of Munn Lake which it is to traverse. And the present road is a surveyed 15 feet wide, not the 10 feet specified for the walkway. So the new- walkway is unacceptable as a right of way to the beach and thus there seems no point in building it. 3. Most serious of all, the proposed walkway lies along a steep bank (or mini-bluff) bordering Munn Lake. The necessary grading and terracing to provide a stable walkway in the location shown would damage this bank irretrievably and also impact the wild life which lives there. For example, the pair of swans which live in Munn Lake nested last year fight where the proposed walkway would be built. Munn Lake is a unique curiosity; it is a glacial sink hole containing a salt water pond with its own ecosystem. Any construction along the banks will damage it. I might also point out that there is no building along the shores of Munn Lake at present except for the existing beach access road and one like it at the eastern end. I understand that Town and New York State regulations prohibk construction on or near wetlands and this proposed walkway, which wouid be about 35 feet from the shore of Munn Lake, surely falls under that prohibition. 4. Mrs. Kardwell says in her letter that an additional purpose for the walkway is to give a landscaper access to "the extensive top growth of bittersweet that is threatening the health of the trees along the hillside." This is simply nonsense. Our memory of that area goes back to the mid 40's; the bittersweet and the trees have been living happily together since then; indeed the bittersweet serves to stabilize the bank there.. In short, we do not think the Kardwells should be permitted to tear up a fragile and unique bit of wetland to build a path which is of no use to them and which is of no use to us as an alternate right of way. Surely this is the kind of pointless environmental violence the laws are designed to prevent and we hope you will mm it down. Sincerely, Walter Millis '%. Z.~V7 NN/?IN\ 474/V 7~'/ ~W07 O~ L // / ,, / /