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HomeMy WebLinkAboutTR-4694 ''':'''-';;¡'' Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel ~-=ss;: , ~/'~'ðHul,t '~~ " ,,-J> ¿> -^ '" " N </~ " 'Y~ ~'::). &~ Q~ N Q . ~ NCI:I ::':0 ~~ ~3 '\ ~ ~ ,'; s ~'Q'.( " ~~~f? '¢-, ,x. ,. , ~ ~ 1.--1-/ ~~o . 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 office Use Only - " c-;:;~ _Coastal Erosion Permit APplicatid~1 Œ © Œ n w rn 00, Wetland Permit Application I: lJu x Grandfather Permit Application II n DEC - 3 1996 Waiver/Amendment/Changes U¡ Received Application: J~-J -ik -Received Fee:$/oò - TOWN OF SOUTHOlD Completed Application /01-;]- Tt. Incomplete SEQRA Classification: Type I ~iPe II Unlisted Coordination: (date sent) ---- C¿,.C Referral Sent: /rJ- _lid!?> Date of Inspection: Receipt of CAC Report: 1c1-/~-1(, Lead Agency Determination: ~ ... J! fiI'JtII::! Technical Review: ~ ~~ Public Hearing Held: /-cJ,'J-'l& Resolution: Name of Applicant Mr. W. Richard Bingham (Owner) c/o White & Case Address 1155 Avenue of th~Americas- New York, New York 10036-2787 Attention: Sandra Novick Phone Number: ( 212) 819-8344 Suffolk County Tax Map Number: 1000 - Section 6 Block 4 Lot 2 Property Location: Central Avenue Fishers Island (provide LILCO Pole #, distance to cross streets, and location) **AGENT: Wite'&Case:"fôr W. :R:i2hartldBin¡Hìélm (If applicable) Address: 1155 Avenue of the Americas, New York, New York 100136 Attention: Sandra Novick Phone: 212-819-8344 FAX#: 212-354-8113 ** We represented the current owner at the acquisition of the property~on October 3, 199f 1 )ard of Trustees Applicati County of Suffolk State of New York W;.,Richard Bingham by Sandra Novick BEING DULY SWORN DEPOSES fu~D AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE .~OVE DESCRIBED PERMIT(S) AND THAT ALL STATEM&~S CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT .~L WORK WILL BE DONE IN THE MPENER 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 F-ARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS J>..RISING UNDE..~ OR BY VIRTUE OF SAID PERMIT ( S), IF GR..Z\NTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPE..~TY TO INSPECT THE PREMISES IN CONJUNCTIO ~',',W,'", ~; ,RE, ¡i' . "',?F TIf}S APPLICATION. ¡ 4/ /.; _ ' jf..,¡ ¡y... , i . ~^ 7 " I f.('; 'C . " ~' VI..¿ c;-t Signature r SWORN TO BEFORE ME THIS ;L ., DAY OF J~I/I..k¡- ,19 C¡t.e ~~¿- ~- r0~ Notary Public RAND I s. nlRTZER Notary Public, 8+0+0 0f New York NfJ. (1")1.(1 fA·C1'ì7R'S4 . Quanf'ed in ,r-,I",,~, Y('I'k C-nunty Comm;S$;on Ezp;res Ncv. 23, 1997 7 ~r _ Notice: This is an important document. Before s~gl,iing this document, you should know these important facts. The purpose of this power of attorrJ,ey is to give the person whom you designate (your "Agent") broad powers to handle your pror-er~, which may include powers to pledge, sell, or otherwise dispose of any real or personal propertfwithout advance notice to you or approval by you. You may specify that these powers will exist z'l1'ti:n after you become disabled, incapacitated, or incompetent. The powers that you give your Ageitl-áie explained more fully in New York General Obligations Law, Article 5, Title 15, Sections 5-Ef':' ¿,4i>ugh 5-1503, which expressly permits the use of any other or different form of power of attorì'~:' d\';;ir.-~d by the parties concerned. This document does not authorize anyone to make medical or oth~,~ health care decisions for you. If there is anything about this form that you do not understand;; ýc:\¡Ishould ask a lawyer to explain it to you. '~i;;"Í. ~ 11\.nohJ ~!:Jerpone bp \!rbese ~resents, Vv:'",:-:-<~ff.J,ntended to constitute a GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 15 of the 1 T: , . ( ,rk General Obligations Law: That I w. Richard Bing~am with an adxess at ;~Ie. Mari-t:iJne Plaza, do hereby a2point: (znsert name and address of the p?/I'Iclpal) Sw.te 2525, San Franc1.scd, CA winthrop Rutherfurd, Jr" residing' at 111S;F'ifth Avenue, New York, NY 10128 (If 1 person is to be appointed aRent, insertthe'name alld address of the agent above) OR - Sandra Novick, residing at 160 East 91st street, New York, NY 10128 .. . ~ (If 2 or more persolls are to be appointed agents with eaCÌ' aitil t to be able to act ALONE without requiring the consent of any other agent appointed in order to act, insert tf '. ;';¡;>1e and address above of each agent SEPARATELY appointed and BE SURE TO insert the word "OR" between äCH designation of an agent to show that EACH agent has COMPLETE power to act alone) . <- (If 2 or more persolls are to be appointed agents tc ~,~ l{N;~THER and requiring the JOINT consent of ALL appointed agents to act with no one agent to be able Ii., aC{";l[[ne, insert the names and addresses above of all agents JOINTLY appointed and BE SURE TO insert the \:'o.-/!'ÞND" betweell EVERY designation of each agent to indicate that ALL agellts listed are required tu nct togetheÎ.o, '¡d NONE can act alone) . MY ATTORNEY(S)-IN-FACTTO ACT SEPARA':_';T~;::,{·l (If more than aile agent is designated and the principa¡'~i'Jnt~~ :¡ch agent alone to be able to exercise the power conferred, insert in this blank the word "SEPARATELY") . (If more than Olle agent is designated and the principal wantsiï/'ofthe designated agents together to exercise the power conferred, insert in this blank the word "Jon'TLY") " \, (The failure to lnake any insertion in this blank will require the agents to act either separately or jointly, in accordance with the principals use of the word "OR" or the other word "AND" between every respective designation of sllch agents above. If the principal 's wishes cannot be determined becadse he or she fails to insert the word "OR ", "AND ", "SEPARATELY", or "JOiNTLY" as he or she is asked tl) d01/Jove, the principal will be deemed to require the agents designated above to act jointly) ,: IN MY NAME, PLACE AND STEAD in any way whjç;, í,f lyself could do, if I were personally present, with respect tQ the following matters as each of them is cdîned in Title 15 of Article 5 of the New York General Obligations Law to the extent that I am p¡;,:r:::i:td,6::, law to act through an agent: î ~ l-.~ ~.. . ',_ - J r , î; i :1' ., i 'j !I ~ . . h .111 --';~£.:i-ë1;'''''-~' 'i~""";j, . . .~'>'Ii_""_""...",,, _~~<-.'"*"r»,._..".__ ~ _ .~~....,,..,.... _., . ~5 . ,'r-'I1'~J, (A) (B) (C) (D) (E) (F) (0) (H) (I) (J) (K) ·a.6'óX\"oWTW " petc:h!àèJ:i'õ1"tÎieSubd -" ÎÌs' J()'tÎiroug;'(N)"tieloW'for'Whiêlì"tbé"7''''',,,,,,,,,,,,,,. principal WANTS to give the agent(s) authoritý.:ìIf the blank space within a box for 'any particular subdivision is NOT initialed, NO AUTÐIqllRITY WILL BE GRANTED for matters that are included in that subdivision) \ . . real estate transactions;......:...._............_..._............... ~~ (L:'¡}fUIl and unqualified authority to my chattel and goods transactlOns;.........._._............. ~ '·'¡attorney(s)-in-fact to delegate any bond, share and commodity transactions; [ ] ..' or all of the foregoing powers ba. n~ng transa~tions;.............:..................:.....,.......... [ ..1~. ,<'to any person or persons whom my ?usIness operatInf¡ transactlOns;...._..............._... [ 1 '.i~ : attorney(s)-in-fact shaH select;....:...................... [ ] Insurance transactlOns;............._.................._............ [ (\!¿tall other matters;............................................................ [ ] estate transactions;..................._...................._._.......~.... [ J (NI Ì'if the blank space in the box to the claims and litigation~.......,...........,............................. [ ] ';: ¡right is initialed by the principal, personal relationships and affairs; ...............:.. [ ] 'è'¡:this power of attorney shall not be benefits from military service;.............._........_... (l . yaffected by the subsequent disability records, reports and statements; ..........-.............l ,J ' fr incompetence of the principal; ._..._._........... [ , _:: it limited to matters arising {or related to the acquisition ,.~: of premises with street '~'address of Central Avenue, , :' Fishers Island, N. Y ., (tax -,'\map designations, SW15:473889; -'¡Roll Section: 1; CLS 323), ,J including all actions f rJd. , : necessary to effectuate - £C' C.? ;.Gonveyance of the said premises...... [ ) }~ ~ (Special provisions and limitations may be inchàd i¡¡the_"§td~·tory short form power of attorney o/1ly if they conform to the requirements of section 5·1503 oftht ;·!qw-}.:!rk ':1fmeral Obligations Law.) - ',." ..!: To induce any third party to act hereunder, Ihereby. : ':. ,}hat any third party receiving a duly executed copy or facsimile of this instrument may act hereunder,iicÍþd that revocation or tennination hereof shall be ineffective as to such third party UlÙess and until ac!:~al notice or knowledge of such revocation or tennination shall have been received by such thW party, add I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify alí:d'hold harmless any such third party from and against any and all claims that may arise against such th1trJ party by reason of such third party having relied on the provisions of this instrument. " . ""} , 3fn Wítntøø WÒ.".I. I h'~9 ~~reunto ~gn'" mY~d~"'.my ~"I ~':Þ i'1,. ¿Gte <~~ ~(1)eal) r . (Signature of PrinCipal) Y .' _ w. Richard Bingham - - . . - ,-~'''''._-''...._.",-" Editors~: If the princi¡>al wishes to allow the attorney 10 continue a pattern of £i¡'s thc'v'j:'''¡~! has begun, add the following language: The anorney-infact named herein has the poWlr to InDkt gifts in :he p"lÌim I have us.d in my tlf.tirµt. . . - ' ~ ~ ,..'", ____ ~._._"'....""_ ~ ~J_,.."'.""'~:;...~....~_~.~.._.,;::._-.<.......'....., ~~~--_._---_. . '-', _0 _ STATE OF NEW YORK COUNTY OF NEW Y9-;UCss.: '.\ On August I q 19 r k before me per~Ö?:)lly came w. Richard Bingham to me known, and known te! me to be the individu;¡l de'r,Eid in, and who executed the foregoing instrument and ~:ta:~~~~~::~:W~:ri< he executed the nme¡<._}) ~~ mtrl. ' No.01AH5019609 .' Qua,lified in ,Queens County ^I\- _ - - ~ '. . CommisSion Expires Oc!ober25,19'I! .....:.::-----...-. --- STAlE OF COUNTY OF SS.: ---'-- __n .\'~, " ,~ -..... --', ~'-~ On 19 before me persè~,lly came -. -- .1:: <:,~:-- . :: .:: to me known, and known to me to be the individual describ,~__ê¡ in, and who executed the fof~g,?irtg ~]tstrum~Ì¡C .-- and he acknowledged to me that he executed the sarr-,·_ -- i ' -: ---________.:__----/~"-:-- ,'":........ ~ -- .. AFFIDAVIT AS TO POWER OF ATl'ORNEYBEING IN FULL FORCE STATE OF NecDjO(k-. cOUNTYOF~J~'-S\:jodC ss.: W I Wí \-\- fÇ.of> RDí¡.\-EJ2cÇD /2.:PJ -J 12~--\, being duly sworn, deposes and says: THAT :W __ R IC \--\-f\-£.ù ß I tJ&H-A--fY\ , ' " __ as principal, who resides at ON£ NfTe.\Tlm-( PLA--:ç{--\-¡ 6f,N ¡::'--R.A-+JCI60,<UT did, in writing, under date of P\t..\.(H,L'S-r j q I 19 q b ,_' : appoint me his true and lawful attorney, and that annexect thereto. and hf :eby made a part h ~¡-eof,ha:trur;opy of said power of attorney. .' THAT, as attorney-in-fact of said principal and under and ;y vIrtue of the said power of attorney, I have this day executed the following described instrument Q ç. q €:e-m€.d. Y"\-€';'t~cu-- Y--. ~ c.CI ~ULt--€- ~ ~~¿ Of C<3(\t-roJ¡ Jt-----r-f.J"llJ...f. ';h ~µ''\S~~ol ì ~~ll<... Co U,.(\ i-Lç) , N'---( " THAT at the time of executing the above described instrument I h ,q no actual knowledge or actual notice of revocation or termination of the aforesaid power of attorney ~'Y d~ath }! otherwise. or notice of any facts indicating the same. ' , , THAT I hereby represent that the said principal is now alive. las ¡.J', at any time, revoked or repudiated the said power of attorney; and the said power of attorney still is in \ 'jll ~)¡";e and effect. THAT I make this affidavit for the p¡;rpose of inducing T;-t\.k A'Sso~~ ~. Q.,~ QJ.J (li..-O c::> íì 1-L~. G:::" ' to accept delivery of the above described instrument, :;$ ~J(Ç~,,·ed by me in my capacity of attorney-in-fact of the said principal. with the full knowledge t!hat the said 1'i+tL ~OQùdJo ~ ~ ~'~o '"':'~~+"~~'ÚJ' in accepting the execution and delivery of the aforesaid i[j~,;rument and in' paying a good and valuable 'o~idoroti" iliorer". will rely 'p<>o ili" of",,,,,. 4¡~ ;',i , ~~~"",,,,,,__"'_'-'HV"J" )ard of Trustees Applicati GENERAL DATA Land Area (in square feet): See attached Tax Map ~ ~ Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date , No prlor permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? LNO Yes If yes, provide explanation: Project Description (use attachments if necessary): Application for Grandfather?PeIfuìt with respect to the dock. 2 ..'_.',". I --=- II I ~ ~ ~ " 0, , 0, ~ ~ t 0, , \, '\.:'ì" " "'l~" ß \, , ~ \, ~"'\ - g ~ . ," ~ ~ ~ ill t:~~ ~" ¡ Ir· -1W} .:.lJ'lJ :¡-iT . ¡ ¡ ft f 11 ¡ J ~; f- " : rIlji -' -I II I . '- r ] %,".....;>"'''' ~ )J. ¡¡; Oz:4D'G \/5.35' ~ \- 'i\ \\) '3 ]JJ oJ ~ D:i j ~\ÍfL ~}. J' :¡ 'J ~ ,¡j '''\1)] 0 ':1 J .j Il. -::) '=1 ') ill "1)\ I-- ~ :i~ro~~ \J~.j' mQ~g ~::¡~ ~ ~ ~ B'~ ~ ~ 0 ~ ~ s ~ ~ H:g f I' ~ ~ ~ï '\J ~}I J J UJ \D~ I1J OJ\rj l· 1 ~ ~ ~ ~J ~j\J::( \¡] rJ II! --.¡ - ±~, j J-5 "3 ;¡ " .a~ liS I!J~ ~, J ~:r G ~I!J - ~~ ~ ~Yi G " 0 ~ Q ~w " III C\ ~ ,~ ã ~~, -. ~ 0 ~~ ~~~~ fct IJ¡ _. ..( ~--'¡1L '(I ~ ~º~ \II ~\Jf- ~8vd~ ::! \j-:J\]f-'- --' }J-Uµµ,L. -¡- .wJIL-e-í .-:7 ,..., A--C> ^..'- rn-::) J .! ~ H 1l ~~ ¡:i ()- -II. " :¡J 'j \'\~ m~::l~;¡ ~ i w \I~ 1; ~ l:j:~IC N " J' 1- N -\'\:r:1!J -J U¡F~adJ' 3 JL: 3 a ~IJ"j' o fc III \l III t1' rF "~~ t\ QG~~~ lli ~ ~ ~.,¡ fc"G~~ 0 ~~~ o~ :¡ ~ 0 :¡ J W Jn~w ~ \9", H\[¡:¡ ¡-:: N ---,,10/17/96 THU 17:01 FAX 212 504 561L. CIIT NY. ~003 STATE OF CONNECTICUT ) : 8$,: COUNTY OF l=~; ï .ç.¡ d d ) JEAN T. SAMMIS, being duly sworn deposes aDd says as follows: 1. My date of birth is (\'tct r c.."'-. \ L\ _. 199.oand I currently reside at 432 Round Hill Road, Greenwich. Connecticut 06831 where I have lived for '3 I:) years. 2. I am a daughter of Rodman K. Ti]t, deceased, who was the owner of the Fishers Island, New York property located on Central Avenue having District, Section, Block and Lot designations of 1000, 006.00, 04.00 and 002.000 & 001.000, respectively, (the "Property"). 3. To the best of my knowledge, the Property was conveyed to my father on or aboot October 4, 1967. 4. I have spent some portion of the past 5" 0 summers at the Property over the cou..rsc. of Years· 5. To the best of my knowledge, the dock was constru.cted prior to 1971 which I can substantiate based on family photographs that were taken ~B 1962 ¡ulIl 19(j4 and -i96~ .....d 1970. \ q 10 <.. 6. I make this affidavit to induce the Board of Trustees of the Town of Southold to approve the application to grandfather the permit with respect to the dock on the Property to the laws in effect prior to 1911. I Sworn to before me this vZl day of October, 1996. ILORRMNE M. RUNt! , NOTARY PUB E MYCQMMiSSION EXPIRES Nf;3.~o, 2000' ,ÇW&TfG:\tJOCS\NYl.iBIIGPOGELER\00!J9S87.01 , '''''' r- \'ShlLr'<:; -LSta..r.cl \; \-t-. hQL,...~~ ~---Jð- ' \ q,O -1 '\ r'\[",\~ s.0-""""~; '3 ~ I~ L'^~ \ ò--r~ S' \.A 'L....".....~ CL-n.J. V:>O-~ ~<;:$~. .._-..-."~.-.../ ,---;--,. L ~\-r 5 n-e. r IS T,'''''' "''''''" ---... """"'.",J~~ \ 1 I' \\ " .,"i";<¡"~jJ {"".,,""', 1 -(1(\, Â...;::...... ':,;,,"''''"''¿~.,.,..,,\..., ....,. .¿ \ "'"'....- L ~A,.}^,~A9..:\..._, ".JI'fl,$"-'''a. ~".~~~ ~'~",.ø~\ '\ -',<",c,';;":;;:~:'~""=,.,,,._ f ì ¡ I ! ì I i I ¡ ¡ ! ¡ I í } ¡ r , , , ! i ,.""'':¡¡;' ?~~,:.;{"j -r~- $ l' i t 'i ¡... ,. -' -......_,,....~........ §: t' (,..,j í f . 1,;>-.Q-~ '\ '.... ~ 'L,,·'~....1· {L" ;.;: ,"-'>o""'<'-~,,,,,,..~..,.,''''-: 'c·... >,';",~~.",,,,," " Faxed -/97 ~I -1-::: ~. .~ ~ ~ ~"'" ,5', ....,,,, ~"'-." 1.,- . ~~ ~'." '".". ,....' ....r.,¡f.;.... United States Department of the Interior FISH AND W1LDUFE SERVICE 3817 Luker Road Cortland, New York 13045 October 1, 1997 Colonel Gary Thomas District Engineer, NY District U.S. Army Corps of Engineers 26 Federal Plaza New York, NY 10278 ~~~=.=~ --~ ;::"~"'--~--::":'-"~7--~ - - ;..., - - 6:-q Attention: Ms. Denise Butts Dear Colonel Thomas: The U.S. Fish and Wildlife Service (Service) has reviewed the Notice ofIntent to issue a pennit to Mr. Richard Bingham, Letter of Pennission 97 -04960-U, and the enclosed Statement of Findings (SOF). This is the report of the Service and the Department of the Interior submitted in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661et seq.). This response is also provided pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). These comments .are for use in your determination of 404(b)(1) guidelines compliance (40 CPR 230), and in your public interest review (33 CFR 320.4) relating to protection of fIsh and wildlife resources. In the U.S. Army Corps of Engineers (Corps) SOF dated September 16,1997, it is stated that impacts due to propeller action should be minimal because of the shallow-draft vessel and depth (3.5 feet at mean low water) where the eelgrass currently is sited. The Service, as described in the May 20, 1997 letter, is still concerned that the increase in turbidity from propener action and placement of the pilings, particularly in shallow areas less than 6 feet deep, will degrade the aquatic community by eliminating the rooted vegetation and resuspending sediment (USACE, 1994; NMFS and USFWS, 1997). There is also concern that mooring vessels in shallow water such as in this system will encourage the formation of propeller scour holes, directly removing the eelgrass and creating an unnatural depression which could change the deposition of materials in the area. This removal of rooted vegetation and associated invertebrate organisms will remove foraging and protective habitat for aquatic organisms (USACE, 1994). There is evidence that the impacts of turbidity and scouring continue to expand even after the source of the impacts has been removed (NMFS and USFWS, 1997). While it is understood that there is another structure in the vicinity of the proposed project, it should be noted that during the June 19, 1997, site visit representatives from the Service and National Marine Fisheries Service (NMFS) also examined the condition of the eelgrass bed under the existing structure. The eelgrass bed displayed disturbance characteristics similar to those described by the NMFS and the Service (1997). G'1e eelgrass had r.hinned around the pilings and was nonexistent unàer the structure. Therefore, the construction of c/'-', /~ a similar structure in the same eelgrass bed would further impact the eelgrass bed, leading to cumulative impacts. Although the Service continues to recommend the permit be denied, we will not pursue higher level review of this project. For further infonnation please contact me, or have your staff contact Christy Johnson-Hughes, of my Long Island Field Office at (516) 581-2941. Sincerely, cc: 5// Jt~r Sherry W. Morgan Field Supervisor Town of Southold, Planning & Development Admin., Southold, NY NYSDEC, Stony Brook, NY (Env. Permits) NYSDOS, Albany, NY (Coastal Resources) EPA, Chief, M&WPB, NY, NY NMFS, Highlands, NJ References Ludwig, M., D. Rusanowksy, and C. Johnson-Hughes. 1997. The Impact of Instal1ation and Use of a Pier and Dock Assembly on Eelgrass (Zostera marina) at Star Island, Montauk, NY. National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (DSFWS). U.S. Army Corps of Engineers. 1994. Cumulative Impacts of Recreational Boating on the Fox River - Chain O'Lakes in Lake and McHenry Counties, illinois. Final Environmental Impact Statement. USACE. Chicago, illinois. 2 J6ur coast, yourJùture May 12, 1997 NYSíf1áteifi"onts George E. Pataki Gðvernor AlexJ.!1oer E TreadwelI Secretary of State Keith B. Neilson, P.E. Docko, Inc. P.O.. Box 421 Mystic, CT 06355 i Re: F-97-291 U.S. Army Corps of EngineerslNew York District Permit Application #97-Q4960-L2 Richard Bingham, Fishers Island Sound Town of Southold, Suffolk County Letter of Permission Issuance Dear Mr. Neilson: The Department of State has reviewed the information received on April 21, 1997 describing the above proposed project. Based upon the information submitted, the Department of State has no objection to the authorization of this proposed project by Letter of Permission. No further review is required by the Department of State. We appreciate your referring this information to the Department of State for review. The U.S. Army Corps of Engineers is being notified of this decision by copy of this letter. WFB:WFM:dlb cc: COE/New York District - James W. Haggerty DEC/Region 1 - Regional Permit Administrator Town of Southold - Albert J. Krupski, Jr. S~ncerely, ß/ 47 ~1nd< {j~A¿ . William F. Barton 'dúJ Chief, Consjstency Review and Analysis lVYS DEPARTJfÐrr OF STATE Division of Coastal Resources and Waterfront Revitalization Albany, NY =1-0001 Voice: (518) 474-= F= (518) 473-2464 Faxed 5/20/97 TÒ-I.~ t:: v' A---N..s t./S zl)vJA-xDS United States Department of the Interior FISH AND WILDLIFE SERVICE 3817 Luker Road CortJand, New York 13045 In, G~J (: '... -::' ¡ to::" ¡ '; I t~1AY ... ; "::;) . .~>j t May 20, 1997 . ..j'~~',. . -_. ~_! ¡, :.:·_;L... -~._-----~. Colonel Gary Thomas District Engineer, New York District U.S. Army Corps of Engineers 26 Federal Plaza New York, NY lO278 "&;-;.. Attention: Ms. Denise Butts De(jI Colonel Thomas: The U.S. Fish and Wildlife Service (Service) has reviewed Letter of Permission 97-04960-L2, dated May 5, 1997, by the applicant Mr. Richard Bingham. This is the report of the Service and the Department of the Interior submitted in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 D.S.C. 661 et seq.). This response is also provided pursuant to the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.c. 1531 et seq.). These comments are for use in your determination of 404(b)(1) guidelines compliance (40 CFR 230), and in your public interest review (33 CFR 320.4) relating to protection of fish and wildlife resources. The Service recommends that authorization for the proposed work be denied based on the concerns which are described below. 1. Introduction The applicant proposes to reconstruct a 6 foot wide by 56 foot long fixed pier, add a 40 foot extension, install five pairs of mooring piles, and-two ladders. The purpose of the project is to provide mooring for the applicant's private recreational vessel(s). The work would occur in Fishers Island Sound, Fishers Island, Town of Southold, Suffolk County, New York. As discussed at the Federal Interagency Coordination meeting on May 13, 1997, adverse impacts to fish and wildlife resources and their habitats are likely to occur should the project be approved. Based on the meeting and sjre visit, the primary concerns of the Service include (1) location of the project within a Federa11y identified Significant Coastal Habitat, (2) location of the project in an eelgrass bed, and (3) the precedent-setting nature of the project. II. Resource Quality and Impact Discussion Location in a Significant Coastal Habitat Fishers Island Sound is designated as a Significant Coastal Habitat as described in the Service's Northeast Coastal Area Study (NECAS), dated August 1991. The sound is part of a high quality, shallow estuarine environmen! with extensive eelgrass (Zostera marina) beds, supporting regionally significant seasonal concentrations and populations of waterfowl and sl1orebirds, important finfish nursery and spawning areas, and substantial commercial and recreational shellfish beds. As described in N~CAS, the bay is of regional importance to migrating and wintering waterfowl, especially Atlantic brant (Branta bernicla), Canada goose (Brama canadensis), common goldeneye (Bucephala clangula), bufflehead (Bucepha/a albea/a), hooded, common, and red-breasted mergansers (Lophodytes cucullatus, Mergus merganser, and M. serratoI', respectively), and American black duck (Anas rubripes). There are commercially important beds of hard-shelled clams (Mercenaria mercenaria), soft-shell clams (Mya arenaria), and bay scaJ10ps (Aequipecœn irradians). Location in Eelgrass Beds Site ph?tographs provided by the applicant and information provided by National Marine Fisheries Service (NMFS), show that this area is in an eelgrass bed. Potential impacts on the eelgrass habitat in the project area iñclude shading of the submerged vegetation, removal of the eelgrass due to increased turbidity caused by boat passage, and disruption of potential spawning and nursery areas for local populations of finfish, clams, and scaJ1ops. The eelgrass bed in the proposed project area appears to be of uniform density at present. The eelgrass bed currerrtly' serves to reduce turbidity, helps stabilize the substrate, reduces the velocity of water movement within the area, provides a surface for sessile plants and animals, provides protective cover for spawning finfish, provides escape habitat for juvenile finfish, and p~ovides habitat for the reproduction of bay scallops. The eelgrass bed would be directly affected by the passage and mooring of the applicant's vessels. There is-evidence which suggests that shading from pier structures will cause die-off of eelgrass (NMFS and USFWS, 1997). There is also concern that the increase in turbidity from propeller action and placement of the pilings, particularly in shallow areas less than 6 feet deep, will degrade the aquatic community by e1iminating the rooted vegetation and resuspending sediment (USACE, 1994; NMFS and USFWS, 1997). The proposed project will take place in water which is 2.3 feet deep at mean high water. It has been noted (NMFS and USFWS, 1997) that sediments resuspended in water tend to entrap water and may take up to a 2 year for the material to consolidate again. Organisms cannot use the material during consolidation due to the density and instability of the materials (NMFS and USFWS, 1997). There is also concern that mooring vessels in shallow water such as in this system will encourage the formation of propeller scour holes, directly removing the eelgrass and creating an unnatural depression which could change the deposition of materials in the area. This removal of rooted vegetation and associated invertebrate organisms will remove foraging and protective habitat for aquatic organisms (USACE, 1994). There is evidence that the impacts of turbidity, shading, and scouring continue to expand even after the source of the impacts has been removed (NMFS and USFWS, 1997). Precedent-Setting Action and Cumulative Impact Assessment There is currently a degraded pier on the applicant's property. However, use of the current structure and construction of the proposed pier extension are likely to a,dy~rsely impact the eelgrass bed for reasons discussed above. The precedent-setting nature of granting approval for this activity may inevitably lead to additional applications in the future for pier/dock construction in eelgrass beds of national importance. The National Environmental Policy Act of 1969 stipulates that cumulative impacts associated with the development of our nation's water must be takeñ into consideration. Cumulative impacts can result from the incrementa] succession of collectively significant actions taking place over a period of time. Thus, the cumulative impacts of multiple piers and vessel activity on this ecosystem is a significant concern. nI. ConcJusions ' The Service recommends that authorization for the proposed work be denied. This recommendation is based on an evaluation of the probable impacts to fish, wildlife, and their habitats, including cumulative impacts, and considers the balance between benefits and reasonably foreseeable detriments of the proposed activity on the public interest. It is the Service's position that the project will encourage the degradation of fish and wildlife habitats, and that the public benefits do not clearly exceed the public losses with respect to fish, wildlife, their habitats, and the public enjoyment and use thereof. In light of the comments discussed in this letter, it is the opinion of the Service that the proposed project Illil}: result in substantial and unãcceptable impacts to aquatic resources of national importance as defined in paragraph one, Part IV of the 1992 Memorandum of Agreement (MOA) between the Department of the Interior and the Department of the Army regarding Section 404(q) of the Clean Water Act. As outlined in Part IV, Section 3 of the MOA, please have your staff contact my Long Island Field Office in order to resolve any outstanding issues during the 25 day period following the closure of the Public Notice comment period. For further information please contact me, or have your staff contact Christy Johnson-Hughes, of my Long Island Field Office, at (516) 581-2941. 3 Sincerely, ~~A'~Q"4QP ~...sherry W. Morgan I Field Supervisor cc: Town of Southold Town Planning & Development Administrator, NY NYSDEC, Stony Brook, NY (Compliance Services) NYSDOS, Albany, NY EPA, Chief, ,Marine & Wetlands Protection Branch; New York, NY NMFS, Highlands, NJ REFERENCES Ludwig, M., D, Rusanowsh.-y, and C. Johnson-Hughes. 1997. The Impact ofInstaJlation and , Use of a. Pier and Dock Assembly on Eelgrass (Zostera marina) at Star Island, Montauk NY. National Marine Fisheries Service [NMFS] and U.S. Fish and Wildlife Service [USFWSJ, U.S. Army Corps of Enginèers: 1994. Cumulative Impacts of Recreational boating on the Fox River - Chain O'Lakes in Lake.and McHenry Counties, Illinois. Final Environmental Impact Statement. USACE. Chicago, Illinois. U.S. Fish and Wildlife Service. 1991. Northeast Coastal Areas Studv. USFWS. . Charlestown, Rhode Island. .' . ~1'" 4 \ April 25, 1997 ¡[¡D1 rŒ ® Œ U W Œ,r~,I¡ I ñí/ --,/ Ii ,I /uu¡ APR 28 /997 I~)¡ ! _ î- "?" . ·~'=c.'-"""""""""..",..,.--J !~·'fff~ ,\F" ._" '; dOV\n~ Or (U,." Ii l!i"n¡ 1".;," -----..- w U ~ t .:..;~ U~ =;o.~~.J t~YSl;rváteifronts George E. Pataki Governor Alexander F. Treadwell Secretary of State Albert J. Krupski, Jr. Trustee, Town of Southold 53095 Main Street P.O. Box 1179 Southold, NY 11971 Re: F-97-291 U.S. Army Corps of EngineersjNew York District Permit Application -. Rlchard Bingham,' Fishers Island Sound (þ, - i-f,- )- Dear Mr. Krupski: The Department of State has received information, which we understand was also submitted to the Town of Southold, for review of the above-referenced project with respect to its consistency with the Coastal Management Program for your information and preliminary review. Please contact Walter F. Meyer, the DOS reviewer assigned to this project, at (518) 474-6000 to discuss your concerns, and any additional information which may be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved NYS Coastal Management Program. Please note, however, that if we do not hear from you within 45 davs of the date of this letter, we will presume that you have no objections to the proposed project. Sincerely, /1" ðJ WJÆcim af. {jOÎ{1/~Ær William F. Barton Chief, Consistency Review and Analysis WFB:dlb NYS DEPARTMENT OF STAIE Division of Coastal Resources and Waterfront Revitalization Albany, NY 12231-0001 Voice: (518) 474-6000 Fax: (518) 473-2464 JVurCOaf~yourj1thn~ April 25, 1997 NYS\Wíterfronts George E. Pataki Governor Alexander F. Treadwell Secretary of State Keith B. Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 Re: F-97-29I U.S. Army Corps of Engineers/New York District Permit Application - Ric.hard BinghaIlil, Fishers Island Sound Town of Southold, Suffolk County Acknowle<h!:ement of Federal Consistency Assessment Form ~ Dear Mr. Neilson: The Department of State received your Federal Consistency Assessment Form and supporting information on April 21, 1997 and has determined that the submitted documentation is adequate to commence our review of your proposed project. We will contact you if additional information may be necessary for consistency review purposes. You and the Corps of Engineers will be notified of our decision when we have completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue a permit for this project unless the Department of State concurs with your consistency certification. Please call Walter F. Meyer at (518) 474-6000 if you have any questions. WFB:dlb cc: COE/New York District - James W. Haggerty NYS DEC/Region 1 - Regional Permit Administrator Town of Southold - Albert J. Krupski, Jr. ~J~~ William F. Barton % Chief, Consistency Review and Analysis NYS DEPARTMF:NT OF STAll: Dicision of Coastal Resources and Waterfront Revitaliz.aion Albany, NY 12231-0001 Voice: (518) 474-6000 Fax: (518) 473-2464 · Albert J. Krupski, 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 MARCH 26, 1997 DOCKO, INC. BOX 421 MYSTIC, CT 06356 RE: RICHARD BINGHAM SCTM f6-4-2 DEAR MR. NEILSON: ·.me LO.1..Lowing action was taken by the Southol.d Town Trustees on Wednésday March 26,~997, at their regular meeting. RESOLVED that the Southald Town Trustees grantS: to add a 60'x 40' extension to existing dock. This approval does not constitute approvals. from any other '. agency. If you have any ques.tions, please feel free: to contact our office at 765-189:2. SINCERELY, ALBERTJ. KRUPSKI JR. PRESIDENT, BOARD OF TRUSTEES AJK/djh Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was made at the March 24, 1997 meeting of the Southold Town Conservation Advisory Council: A-91 RICHARD BINGHAM 6-4-2 to add 6' x 40' extension to existing dock. Central Avenue, Fishers Island The CAC did not make an inspection and therefore has no recommendation. 03/05/1997 13:05 572755'3 L-OCA TlON MAP REF'. CHART 1ZJ72 I J:::II 1::1 1:1 J:::II ~ I . GRAPHIC SCALE 1DOO 0 1000 YNiÐ5 ...:<J.t~,Ð:¡\ NOTES: 1. El..£.VATlON DATUM i5 MEAN Wwa1 ..OW WATER. 2- TIDE DATA IS TA!C!;JII FROM THE 1996 NOAA TIDE TABLES. J.' PRO.JEÇ:Ip~RlPflON; IÍEBtlllD~<tF\0F6'.' ;WOOD !? PlE~ANPÇ~¡¡¡UCT'" !if. .PI . roN .6F'fWIDE ANOJi'!STAU..NF:.W TIE... PI~ AND LADDERS. WA~ARQ OF' . THE HIGH 1t\)£' 'w.~ 4-. PROJECT PURPOSE: rnlS IS A· PRI'IATE DOCK FOR RECREAllONAL BOATING. S. THESE APPUCAllON DRAWINGS REPRESENT A CLASS .11' SURVEY !'"OR p~f.trr PURPOSES. THEY ARE NOT CONSTRUCTION CONTRACT DOCUWENT$. 6. ADJOINING PROPfJ1eTt OWl-'~ - (L'. c(.,/1L .J: In 117 'f'I'!'~ u.-~~\; LONe ISli..AND" SOU NO" "~h' '>¡ .,¡, "" 'j PAGE 04 ,P:"/SHER·S , ISL.AND N/f"PRQPER1Y Of' u 't' f"....Iì.....-......... ~ Ire: OPERlYd···..· OF INGHAM . PRqy~CT: '" " I ~~~I~EhIE~~D\) :,t t ~~ ~ .~~,.~ ·;T;."'( 't;:;> ,-:¡. L ',:;;':;',i!~; ,,,..¡ :-",. :;. ~ .'::,1 OVER·AL.L ~L.AN ,¡--"." ;,... I'} ": '-;,:;:::':'~~øø~,,);, ',;i/:~ ¡L":â;;~ ."'11,.,-".,- ,'" i·'ii;,/:'. ":.,,.'.,;<,~ 'j PRnJ£CT: RE~Ull.Ój!PIER AND NEW ,FÍXEDDOCK ., t.OcA1I9N: WATERWAY; DATE: '~CANT:", '-'.' c.'" : <¡[~1 -." .. ..... 'i,< ,_.,:,¡ ,./:,:-,-:",,",.., . ,< : '¡,::'>~':/.-:{ AGOO-: ',' '\ : SHEET 1 OF 2 ':boCKQ,:'INC. Jråth B. NtOIIDD,' n 1óIIt1c. cor 0886&,: . e&o 072-e_),·':,.. . ::-\ J:l!,HH ~ m~c.tc m Et o~ c ~~~i~ o ~ ¡¡H ~ l' IJ ~ ~ m ~ ~~ g 0 ~ 1\ ~~f:i--1 '" m~ m -1 D ç- r ~ [' m D ::k- E ()) ~ '-H' '¡:: ~p~'~ N _I _I C ~ ['J ~'iJI:¡:1 e t ~~m t ~ t:~F~~ ~~~~~ t;()p1: ~lì ¡: ~ t- o:{ t f lm· Z ... Cl--{o¿J .J-!3'7\ ¡-rri ..l..:1ri rí 0-rT -----------------l I I I ! i I I I N ,- ~~c:b' ~ ~ ¡.: U¡ ~ "! î ~ m ~t6 ~b' ~ \A 11 ¡.... m ~ ~ ~ m anP. ti't ô ~ Do - milt ~ --10t 9 ~~ " ~ m :i m ~ Ii j 1'-- Q ~, D iA m l\ ~t ~ t m _ m~ Q -t~ ¡- -!~ I)¡ ~'m r HJ !' t. I) tJ\ 1'- r"g I: .~.~ ~ Q' ¡r, L r è(\~Jl --n g is Þ ~ [ 8v . t m - . u Û\ [ 0 .. [I1 1":1 ffil In -- -, i' I , 'I' 1\ ~ r 11- 11\ (\ - I" -'{Jm¡t ml\11} IT¡ J" -!,tI C ~ ~ ,,-Iì>--:Ñ m ~ t 6 I ~'~ ~ 0' ~ ~ E ~ :5 t- t1 ~ J,ml' mQJc'F:- ~ ~ ¡f\ '~~ E g\ ~ I'fi"'D [i\1,..!ì'C ~t <-,CD .Æ~ .§' ('J \ m ~ g F U, t if' ,9SI'JL\ 3,ay,20.."I] -n t L 1.\\ IJ\ Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southald. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommêndation was adopted a meeting of the Southold Town Conservation Advisory Council held Friday, January 17, 1997: GF-43 W. RICHARD BINGHAM 6-4-2 grandfather permit for the dock. Fishers Island The Council did not inspect, therefore has no recommendation. WHITE &. CASE UNITED STATES LOS ANGELES MIAMI NEW YORK WASHINGTON, D.C. 1155 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036-2787 EUROPE BRUSSELS BUDAPEST HELSINKI !STANBUL LON DON MOSCOW PARIS PRAGUE STOCKHOLM WARSAW TELEPHONE: (1-212) 819-8200 FACSIMILE: (1-212)354-8113 ASIA ALMATY ANKAR:A BANGKOK BOMBAY HANOI HONG KONG .JAKARTA SINGAPORE TASH KENT TOKYO DIRECT DIAL: 819-8344 MIDDLE EAST .JEDDAH RIYADH A F RICA LATIN A.MERICA MEXICO CITY ..JOHANNESBURG December 2, 1996 VIA FEDEX Board of Trustees Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application for Grandfather Permit for dock at Premises: Section 006.00; Block: 04.00; Lots: 002.00 & 001.00 Central Avenue. Fishers island. NY Dear Sir or Madam: We represent the owner of the referenced property which was acquired from the Estate of Rodman K. Tilt on October 3, 1996. We would like to obtain a grandfather permit for the referenced dock and in that regard, please find as follows: 1. Application Form and General Data (in triplicate); 2. Documentary Proof of the pre-existence of structure (in triplicate); and 3. Check to cover the cost of the application) Please contact the undersigned for any further information required. Yours truly, Sandra Novick Senior Legal Assistant SN:sn Enclosures cc: Winthrop Rutherfurd, Jr., Esq. W. Richard Bingham WHITE & CASE EUROPE BRUSSELS au OAFlEST HELSINKI ISTANBUL LON DON MOSCOW PARIS PRAGU E STOCKHOLM WARSAW 1155 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036-2787 TELEPHONE: (1-212) 819-8200 FACSIMILE: (1-212)3S4-8113 ASIA UNITED STATES LOS AN GELES MIAMI NEW YORK WASHINGTON, D.C. ALMATY AN KARA BANGKOK 80M BAY HANOI HONG KONG JAKARTA SINGAPORE TASHKENT TOKYO DIRECT DIAL: 819-8344 MIDDLE EAST .jEDDAH RIYADH A F RICA .JOHANNESBURG LATIN AMERICA M EX! CO CITY December 2, 1996 Board of Trustees Town of Southold Town Hall 53095 Main Road southold, New York 11971 r¡rD1 /00 [TOWN ~<-¡ rn @ ~ ß Wi Œ 'ñ)¡ Hlt " II " ,. " nrr> 3 'n~" ¡¡" i¡ -'. - '~8h !!¡Ill¡ ,-"L'U 'V" 'V ~,,-J-~ _J î OF ("0· 'u'iTH~I1¡ rd \.J 0\ ! H ~ ~.k1:~~~j; VIA FEDEX Re: Application for Grandfather Permit for dock at Premises: section 006.00; Block: 04.00; Lots: 002.00 & 001.00 Central Avenue. Fishers island. NY Dear Sir or Madam: We represent the owner of the referenced property which was acquired from the Estate of Rodman K. Tilt on October 3, 1996. We would like to obtain a grandfather permit for the referenced dock and in that regard, please find as follows: 1. Application Form and General Data (in triplicate); 2. Documentary Proof of the pre-existence of structure (in triplicate); and 3. Check to cover the cost of the application) Please contact the undersigned for any further information required. YOUrSLl ~~ . k ~ Sand 0 lC Sen¥or Legal Assistant SN:sn Enclosures cc: Winthrop Rutherfurd, Jr., Esq. W. Richard Bingham 0' Jard of Trustees Applicati GENERAL DATA Land Area (in square feet): See attached Tax Map í<A"-tL 5...V'Je.y' / I Area Zoning: Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Agency Date , No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? LNO Yes If yes, provide explanation: Project Description (use attachments if necessary): Application for Grandfather~PeIfuit with respect to the dock. 2 <, _'~R--"-'-__ -~-----..",;,. ....---........-- --; " . 'I ;-.....'.. I -=- 71 I ~, u10: jJ 0 g ,;'1 í ~ ri t 'irr 0 b J ~ " . " . õ . ~ ;' I ,.. " u c ~ ;!. 'I: I ø ~ ~~ ~ ,! i;hH Oø . t tt·~ >- ::) ~;..): ~Jli~ o )(v-: c >-~ >- I- ;;-.:¡- ~ ~jl :J II) .~ 8 E ~ "-- @1] '" i . . ~ " ~ ~ v ~ , ~-'. ". ~ 0 . ~ ; J " '" ~ ~ ~ , \, â~~~~ - , '" """'~...-i. 1 ¡j=, !I . . . :.11 .. ~i:r: 1 ~~f~ ~ .:~; s i L .., ~ r 10/17/96 TED 17:01 F~X 212 5ú4 5627 . -- tIlT NY. [(J;JÚÚ3 STATE OF CONNECTICUT ) : SS.: COUNTY OF t-tR\', ~ -e..l d -) JEAN T. SAMMIS, being duly sworn deposes and says as follows: 1. My date of birth is (VI.I<. r c..'-'- \ L\ _, 19 9.ðand I currently reside at 432 Round Hill Road, Greenwich, Connecticut 06831 where I have lived for '30 years. 2. I am a daughter of Rodman K. Tilt, deceased, who was the owner of the Fishers Island, New York property located on Central Avenue having District, Section, Block and Lot designations of 1000, 006.00, 04.00 and 002.000 & 001.000. respectively, (the "Property"). 3. To the best of my knowledge. the Property was conveyed to my father on or about October 4, 1967. 4. I have spent some portion of the past ':) c summers at the Property over the course of years. 5. To the best of my knowledge, the dock was constru.cted prier to 1911 which I can substantiate based on family photographs that were taken btlt",,-,!Qa 1992 UII! 19Q4 and -1969 ....d 1970. \ q 10 l 6. I make this aff1davit to induce the Board of Trustees of the Town of Southold to approve the application to grandfather the permit with respect to the dock on the Property to the laws in effect prior to 1911. ~ -t4-- / . Sammis Sworn to bèfore me this 2...:L day of October, 1996. v/-~( ~ ~ Public ~ ¡LORRAINE M. RUNDE , NOTARY PURL'C . MY COMMiSSION EXPIRES NO'~. 30, 2000 . ,.çw &TIO:\DOCS\N"!1..ŒI\GPOGm.ER\Q099S87 .01 r \'S~Q..rl'3 -L q, \ Q..IÌ d \ ; \ -t-- hQv-.s. ~ ~ j ~ð- \ \ q ì 0 -1 '\ r....: '" ~ ç D----v-v----. ...... ~ 'S 1 :.., (~ L '^~ \ h-r~ S' \.A ':L"- 0-'" "- Q..""à \r-.o-~ ~"'St:.---... ~ì s \1.e. ï I S T ",-, '~'.... _""f4"'3 \ i (\ 1" "'<'¡ j.I ~...,..n<:. ..1\. ~ .l...·..A.,.A.. \_.._f~:- .._~l~i L ~.,t.,}~.,t,..,"._ Ct.·l""'""~ ~" ! ¡ \ -~~; ;~ ~ ",:..v>IJ, ..:..."'..,~- I I, ,'I --r'''--- i l j f .:.~----- j,' ,!, l--t~"~()- _.?'''' ~'.> ", .fL.., 1"".·" Mr. W. Richard Bingham One Maritime Plaza Suite 2525 San Francisco, CA Dear Mr. Bingham: Oëtober 4, 1996 Re: Central Avenue. Fishers Island In connection with the request of your attorneÿ, Mr. Rutherfurd, this will confirm for you that the house purchased by you from my father's estate at the referenced location was constructed prior to 1957. I understand that this confirmation was requested in order to make it clear that no certificate of occupancy is required for the house under local ordinances. CW&T/G:\DOCS\NYLml\GPOGELER\0097393.01 Very truly yours, ~~~J~./~}= Oëtober 4, 1996 Mr. W. Richard Bingham One Maritime Plaza Suite 2525 San Francisco, CA Re: Central Avenue. Fishers Island Dear Mr. Bingham: In connection with the request of your attorneÿ, Mr. Rutherfurd, this will confirm for you that the house purchased by you from my father's estate at the referenced location was constructed prior to 1957. I understand that this confirmation was requested in order to make it clear that no certificate of occupancy is required for the house under local ordinances. Very truly yours, s;;).P...- l'/~f--- Rodman K. Tilt, Jr. . CW &T/G:\DOCS\NYLml\GPOGELER\0097393.01 Mr. W. Richard Bingham One Maritime Plaza . Suite 2525 San Francisco, CA Dear Mr. Bingham: Re: Central Avenue. Fishers Island Oëtober 4, 1996 In connection with the request of your attorney, Mr. Rutherfurd, this will confirm for you that the house purchased by you from my father's estate at the referenced location was constructed prior to 1957. I understand that this confIrmation was requested in order to make it clear that no certifIcate of occupancy is required for the house under local ordinances. CW&T/G:\DOCS\NYLffil \GPOGELER\0097393.0l Very truly yours, gR...~ t '/~J-- Rodman K. Tilt, Jr. · 4=., " =-....... ! I -=--- 71. I o ~ . o , " go '/0 I I 'I ;;1;1 ~¡ If ! I gl!o of ¡.¡IIl! ¡¡~ /1 §'I ª: l I~~;~ ;~J~E! ;i~srl I m:I/' . ¡WI ¡':I~'I' ~dl ~I i Lllifu ;; ¡¡I g .iÆ·:;; ¥ ~ ",l;h!~ 2.-; ~ ~ > , " ~~.!~ '\ u.. Cl)J...., 4' :¡, 0 ð'>o.-' ~}. " >- I- '; .".- ~\ I- >.g ~ Z-:::U-E ð ~ ¡ U,t: @g '" ----:- 'I -1.>.<;, , ''¡ '" ~ . v ~ , 1.1.. , , ~! J~Ü ~~ ~ " " ~ ~ , \ ~~~~~ . /~- - . i ----L fl-.... Ifi n ;Hj Hill !¡ -'! ifIH