Loading...
HomeMy WebLinkAboutTR-4692Albe~ J, Kmpski. President John Holzapfel, Vice Presidem Jim King MaCdn H, Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892 ~,~, ~'~ ~5 ~' BOARD OF TOWN TRUSTEES W ~ ..... _~. _ TOW~-N OF SOUTHOLD Fax (5t6) 765-1823  stai Erosion Permit Application~ land Permit Application Grandfather Permit Application Waiver/Amendment/Changes ~/~Rec--e~ved Application: ]/~-.~ ~Recelved Fee:$ ~ ..... ~ ~6mDieted AppliCation IncOmplete SEQRA Classification: %~fpe I Type II Unlisted Coordination:(date sent) CAC Referral Sent: //-~-~ Date of Inspection: 1~!~ Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Hearing Held: Resolution: Name of Ap~pticant --~0~ Phone N~er: Suffolk County Tax Map N~er: i000 -~7~ Property Location: (provide LILCO Pole ~, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: FAX~: ard of Trustees Applicatit ~.~NERAL DATA Land Area (in square feet): 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 Has any permit/approval ever been revoked or suspended by a governmental agency? ~ No__Yes If yes, provide explanation: Project Description (use attachments if necessary): 5 rd of Trustees Applicatio] Purpose of WETLAND/TRUSTEE LANDS APPLICATION DATA the pro,posed operations: ~~ ~ Area of wetlands on lot: square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No ~. Yes If yes, how much materialwiil be excavated? ~u~_cubic yards How much material will be filled? ~~ cubic yards Depth of which material will be ~-~ deposited:~~ feet Proposed slope throughout the area of operations: Manner in which material will be ~ 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): 5 rd of Trustees ApplicatioI COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are~weti~~res~t~ithin~ feet of the ~roposed actlv!ty? ~ No Yes Does the project invo!ve~~=e~-~ior filling? No ~, Yes If Yes, how much material will be excavated? ~(c~0joic yards) How much material will be filled? ~~ (cubic yards) Manner in which material will be F~~--e~ deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: SC~M~iO00- YOU ~E HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 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: Enc.: Copy of sketch or plan showing proposal for your convenience. Name: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: STATE OF NEW YORK COUNTY OF SUFFOLK ~. q~De~z~ ~ residing at ~lO ~, C~~ ~ \\ ~ ~ being duly sworn~deposes and says tha~ on the d~y'of "x~.~x2- .,19 ~, deponent mailed 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 there 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 Southotd; that Hid Notices were mailed at the United States Post Office at ~x~\~~ , that said Notices were mailed to each of sa~d pe~s~ns by (certified) (registered) mail. Sworn to before me this aay of otary~ Public UNDA M, TONYE$ N~a~ Public, Stere ~ New York No. 4942668. Suffolk Cout:~; T~mExpires O~ober 3, 19-L~ Street & Number P~st Office, Smt~, & Z~P Code Pos,age t{ Der Date, & Add~ess TOTAL Potage ~ Fe~s Pos~ma~ or Da~ P 42~ 780 110 US Postal Se~rvice Receipt for Certified No Insurance Coverage Provided, Do not use for International Mail (See reverse) r~or Shipyard ~ Marina, .NSET AVENUE, GRE£NPORT, NEW YORK 11944 {516) 477-0828 ° FAX (516) 477-0841 ard of Trustees App!icatic~ County of Suffolk State of New York ~oc~c~ (3~1~-2~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST-OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT .ALL WORK WILL BE DONE IN THE MANNER SET FORTE IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AN~ ~E TOWN TRUSTEES HARMLESS .AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF G~ANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESE~V~ATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS. DAY OF k~O~e~f~? ,!9 C% ~o UNDA M. TONYE$ Notary Public, stere of New Yedr, No. 4942(~6~, Suffolk Cour~i~ Term Expires O~ober 3, 19 ~ _,ard of Trustees Applicatic ACViq{ORIZATION (where the applicant is not the owner) - (print owner of property) residing at ~ ~-, ~mailing address) do hereby authorize-~Ce3'~ (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner s ~%gnature} Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO 46.9.2 ................. DATE: Zanuar.y 30, 199~ Put, uanf fo +he provisions of Chaplet 61~ of fhe Laws of fhe Sfafe of New York, 189~: and Chapter 404 of the L~ws of fhe Sfafe of New York 19~2: and The Soufhold Town Ordinance en- titled "RE~ULATIN~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS ~nd fhe REMOVAL O~ SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" ~nd in ~ccord~nce wlfh fhe ~esol~flo~ of T~e Boar~ a~o~Te~ afa meefi~9 held o~ ~Y 19 , a.~ in co.si~erafio, o~ fhe sum o~ 200.00 of .......................................................................................... N. Y. and subjec~ fo fhe Terms and Conditions lisfed on ~he reverse side hereof~ of Soufhold Town TrusTees aufhorlZes and permlfs The following: to construct 25 bulkhead to tie ~to existing bulkheads on adjacent properties. Place 2 to 3 ton stone armor seaward of proposed bulkhead. Construct. stairs from bulkhead to beach. Place 2,662 c.y. of f~ll and ~e-vegetate according to approved The originating application. ' IN WITNESS WHEREOF The said Board of Trustees here' by causes ifs Corporate Seal fo be affixed, and these presents fo be subscribed by a malonfy of the smd Board as of fh~s daf,e. ................... ~. ~ ....... .................... -~ ~~ ~ ~ ~~ ...................... '2¸ 'Albert J. Kmpski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hail 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 January 30, 1997 Donna Wexler 1410 Manhasset Ave. Greenport, NY 11952 Re: Estate of Jennie Bokina c/o Edmond Bokina SCTM % 73-2-4 Dear Mrs. Wexter: The following action was taken by the Board of Town Trustees during its regular meeting held. on January 29, 1997 regarding the above matter: WHEREAS, Donna Wexler on behalf of Estate of Jennie Bokina c/o Edmond Bokina applied to the SouthQldTown Trustees for a permit under the provisions of the Wetland. Ordinance of the. Town of Southold, application dated November 26, 1996, and~ WHEREAS,P said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees. with respect to said application on January 29, 1997, at which time all interested persons were given an opportunity to be heard~ and, WHEREAS, the Board. members have personally viewed and are familiar with the premises in question and the surrounding' area, and, WHEREAS, the Board has considered alt the testimony and documentation submitted concerning' this a~lication, and, WHEREAS, the structu~e'compties with the standard set forth in Chapter 37-18 of the SouthQld Town Code, WHEREAS, the Board has determined, that the project as proposed will not affect the health., safety and' general welfare of the people of the town, NOW THEREFORE BE IT,' RESOLVED~ that the Board of Trustees grant a Wet~tand Permit to construct 25' bulkhead to tie into existing bulkheads on adjacent properties. Place 2 to 3 ton stone armor seaward of proposed bulkhead. Construct stairs from bulkhead to beach. Place 2,662 c.y. of fill and re-vegetate accoEding to approved plan, and, The Board rescinds and prior approvals made on this property, and, BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agencywhich may also. have an application pending fox the same or similar project. Permit to construct project wii1 expire two years from the date it is signed. Fees must be paid, if applicm2~le, and permit issued within six months of the date o~ tY~s notification. TWo inspections, are. required and the Trustees are to he notified. upon completion of said project. FEES: None. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJKtjmd cc: Peter S. Danowski. Jr. Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gan'ell 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 C~OASTAL EROSION MANAGEMENT PERMIT Permit Number: ~ Q~- Q~-~ Name of Applicant/Agent: Donna. I. Wexler Name of Permittee: Estate of Jennie Bokina c/o Edmo~ Bokina Address of Permittee: 200 Private Rd., $5, Cutchogue Property Located: ROW off Bridge Lane, Cutchoque DESCRIPTION OF' ACTIVITY: Construct 25' bulkhead, to tie into exiting bulkhead on adjacent properties. Place 2 to 3 ton stone armor seaward of proposed bulkhead. Construct stairs from bulkhead to beach. Place 2,622. c.y. of fill and re-vegetate accordi~ to approved plant Date of permit issuance: Januar~ 30, 1997 This permit is valid for~ a period of two year's from the date of. issuance. SPECIAL CONDITIONS: ~/Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. A relocation agreement is attached hereto and is a necessary special condition of this permit. A maintenance agreement as attached with appticatio~ and is a necessary special condition of. this permit. Albert J. Krupski, Jr. President, Board of. Trustees AJK/jmd LAW OFFICES PeTEr $. DANOWSKI, ,Jr. 616 ROANOKE AVENUE P. O. BOX 779 FIIVERHEAD, NY 11901 (516) 727-4900 FAX (516) 727-7451 January 27, 1997 Tovm of Southoid Board of Trustees Town Hall - Main Road Southold, New York 11971 Attn: Jill Re: Bokina with Wexler Dear Jill: Enclosed find Authorization executed by the executors of the Estate of Jennie Bokina, for your own files. Very/~uly yours, PETER S. DANOWSKI, JR. PSD:gsg End. Boaz~ of Trustees Application AUTHORIZATION (where the applicant is not the owner) Estate of Jennie-Bokina resi~ing at c/¢ (print owner of property) (mailing address) Main Rd., Box 135, Laurels, NY 119418 do hereby authorize Wexler (Agent) - '' ~ to ~uild bulkhead and stai~s.onl'y to apply for permit(s)/from ~he Southold Board of Town Trustees on my behalf. ESTATE OF JENNIE BOKINA By: (Owner's signature) Edmond Bokina, Co-Executor ~orothy KotCak, Co-fE~ecutrix January 9, 1997 JAMES H. RAMBO, INC. BISHOPS LANE SOUTHAMPTON, N.Y. 11968 PHONE: (516) 283-1254 WUNNEWETA ROAD CUTCHOGUE, N.Y, 11935 PHONE: (518) 734-5858 Southold Town Trustees Town Hall Main Road Southold, N.Y. 11971 Re: Wexler property/Bokina R.O.W. Gentlemen: The stairs will be installed in April of 1997 (in season). To do so now would certainly result in their loss in the next three months. If you, or the Bokina's, insist we will install them at once. The stairs have been fabricated and are ready for installation. Neither the Wexler's or ourselves will exploit this endeavor in any way whatsoever. Please advise° Sincerely,,~ ~/~ Thomas/E. Sam~ls SUPREME COURT OF THE STATE OF NEW YORK DONNA I. WEXLER, Plaintiff, -against- STIPULATION Index No.' 96-26848 EDMUND BOIrdNA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, JOHN BOKINA, Defendants. The parties hereto are hereby executing their signature to the following instrument, pursuaut to a Stipulation entered into on the record before the Hon. Gerard D'Emilto on December I0, 1996. That subject to the execution of this Agreement, and in compliance with its telllls, a lawsuit pending under the above captioned index number will be discontinued and marked settled with prejudice. That the plaintiff shall pay to tile defendants the stun of ~ upon execution of this Agreement, as consideration for the rights hereby granted to Plaintiff. That the defendants shall allow the plaintiff onto the defendants' property for the pm-pose of erecting a wood bulkhead traversing the property now or forlnerly of Jennie Bokina, for a distance of approximately 25 feet along the toe of the Sound Bluff thereon connecting an existing bulkhead located on the property of Donna I. Wexler, the plaintiff herein, and an existing wood bulldlead existing on the property now or formerly of tile land of Newnlan. That this wood bulkhead and placement of fill wtll be built pursuant to plans currently approved by the New York Statc Department of HEN~Y~BOKiN~i Defendant HN BOKINA, Defendant STATE OF NEW YORK ) C O UNTY O F SUFFO. L~ )ss.: On the /,,~rr~~~ay of December, 1996 before me personally came DONNA I. WEXLER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the STATE OF NEW YORK ) WILLIAM H. PRICE, JR. Notary Publio, State of New York No. 46449~.~, Suffoik County COUNTY OF SUF~LK )ss.: On the //~L day of December, 1996 before me personally came EDMOND BOKINA, individually and as Co-Executor of Jennie Bokina, Deceased, of to me known to be the individual described in and who executed the foregoing instrument, and acknowledged tha~he executed the same. ~At~ S. GOSS Notary Public I',bt~try R.~r,o, st~t~ o! ~w Yo~ No. 52-6605920 Oualili~! In Suffolk County ~ ~ ~ - ~rnissbn Expires Jan. 31,19.X, / -4- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DONNA I. WEXLER, Plaintiff, Index Number: -against- EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, JOHN BOKINA Defendants. x. VERIFIED COMPLAINT The plaintiff, by her attorney, William H. Price, Jr., Esq., complain of the defendants and allege: 1. That the plaintiff is and at all times hereinafter mentioned, is a resident of the Town of Southold, County of Suffolk, New York. 2. That the defendants, Edmund Bokina, Joseph Bokina, Dorothy Kotylak, Theodore Bokina, Henry Bokina, and John Bokina, are and at all times hereinafter mentioned were residents of the Town of Southold, County of Suffolk, New York. 3. That at all times hereinafter mentioned the plaintiff was and still is owner in fee of a certain parcel of. real property located at 200 Baxter Road f/kda 14991 Oregon Road, in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York, and designated on the Suffolk County Tax Map as District 1000 Section 072.00 Block 01.001 Lot 001.006 and an undivided interest in Lot 001.009, which premises were purchased by the plaintiff on July 20, 1995, for use as her primary residence. 4. That the northern boundary line of plaintiff's aforesaid property is contiguous with Long Island Sound and extends for 225 feet. 5. That at ail the times hereinafter mentioned, the defendants, Edmund Bokina, Joseph Bokina, Dorothy Kotylak, Theodore Bokina, Henry Bokina, and John Boldna, were and still are the owners of a twenty-five (25) foot strip of land Which is bounded on the north by Long Island Sound, which is part of a larger parcel designated on the Suffolk County Tax Map as District 1000, Section 073.00 Block 02.00 Lot 004.000, adjoining the premises of the plaintiffs on the east, hereinafter referred to as "the twenty-five (25) foot strip of land.' 6. That at the times hereinafter mentioned the twenty five (25) foot strip of land is surrounded by single family homes in a residentiai neighborhood on Long Island Sound. AS AND FOR A FIRST CAUSE OF ACTION 7. Plaintiff repeats and reaileges paragraphs 1 through 6 hereof as if each was set forth herein at length. 8. The construction of a bulkhead, revetment wail or other man made structures aiong the defendants' twenty-five (25) foot strip of land requires applications and permits issued by the New York State Department of Environmental Conservation and the Southold Town Board of Trustees. 9. That ever since the defendants became fee owners of the said property by virtue of a deed dated September 19, 1991, and recorded on September 20, 199t, in the Suffolk County Clerk's Office at Liber 11337 cp 533, the defendants have neglected and failed to construct a bullhead or revetment defendant's refusal to allow construction of such bulkheading or revetment wall is spiteful and intentional in origin, and an unreasonable use of defendants' twenty-five (25) foot strip of land, where said land is contiguous with Long Island Sound and situated in the middle of a residential neighborhood of single family dwellings. AS AND FOR A SECOND CAUSE OF ACTION, 13. Plaintiff repeats and realleges paragraphs 1 through 12 herein as if each were set forth herein at length. 14. Defendants' failure to construct a bulkhead or revetment wall across their twenty-five (25) foot strip of land, has caused dirt, sand and mud to invade plaintiff's land, causing damage to her yard, bluff and plantings, and is an unreasonable use of defendants' property, making defendant liable in trespass. AS AND FOR A THIRD CAUSE OF ACTION. 15. Plaintiff repeats and realleges paragraphs 1 through 14 herein as if each were set forth herein at length. 16. On or about September 28, 1995, to prevent further erosion and destruction of both defendants' and plaintiff's contiguous properties, plaintiff made written requests to the defendants for permission to construct a bulkhead or revetment, at her sole cost and expense, across defendants' property, and in refusing to grant such permission, defendants continue to act in bad faith, using their property in a completely irrational manner which will cause further damage and erosion to both defendants' property and plaintiff's yard, bluff and plantings. 17. In a letter sent to defendants on or about September 18 1996, plaintiffs attorney, William H. Price, Jr., Esq., requested that defendants grant plaintiff permission to construct a bulkhead or revetment wail, at plaintiffs sole cost and expense, and defendants have refused to grant such permission, as they continue an unreasonable use of their twenty-five (25) foot strip of land unreasonably, given its location on Long Island Sound in the middle of a residentiai neighborhood. 18. Defendants' actions are negligent, in that their refusal to provide reasonable care of their property, or to ailow plaintiff to do so, at her sole cost and expense, has resulted in foreseeable damages to plaintiff's property. AS AND FOR A FOURTH CAUSE OF ACTION 19. Plaintiff repeats and realleges paragraphs 1 through 18 herein as if each were set forth herein at length. 20. In order to prevent further erosion of her property, plaintiff's sole remedy is construction of a bulkhead or revetment wall across defendants' adjoining twenty-five (25) foot strip of land. 21. Defendants have refused plaintiff permission to go upon and construct a bulkhead or revetment wall which is absolutely necessary to protected plaintiff' s parcel from further severe erosion and irreparable harm. 22. Without a deeded easement to enter upon defendants' property, the plaintiff lacks an adequate remedy at law to preserve her property. WHEREFORE, the plaintiff demands judgment of this court, adjudging and decreeing: 1. The nuisance be abated and removed, and directing and requiring the defendants to restore the bluff situate on plaintiff's and defendants' property. 2. The nuisance be abated and removed, and that the plaintiff be awarded damages in the sum of $500,000.00 dollars. 3. The defendants be enjoined and further restrained from trespassing on plaintiff's property. 4. That plaintiff be award damages in the amount of $500,000.00 dollars on account of said trespass. 5. That plaintiff be awarded the sum of $500,000.00 dollars on account of defendants' negligence. 6. The plaintiff have an easement of access for ingress and egress over the defendants' twenty- five (25) foot strip of land which abuts Long Island Sound along the easterly side of the plaintiff's property, for the purpose of constructing a bulkhead or revetment wall, and all related construction and maintenance of same. 7. The plaintiff have an easement for the purpose of constructing and maintaining a bulkhead or revetment wail, at plaintiff's sole cost and expense, to preserve piaintiff's property from, further, damage and erosion. 8. The defendants, their agents, attorneys, employees, heirs, successors and assigns, or other persons acting on their behalf, and each of them, be perpetually restrained and enjoined from in any way interfering with plaintiff's right to said easement in favor of the ~remises owned by the plaintiff, and from doing, causing, or permitting to be done, directly or indirectly, to interfere with plaintiff's permit applications to the New York State Department of Environmental Conservation and the Southold Town Board of Trustees and with the construction and maintenance of said bulkhead or revetment wall, which shall be deemed defendants' consent to such applications and permits. 9. The plaintiff have such other, further and different relief as may be equitable, with the costs and disbursements of this action. Dated: October ,1996 William H. Price, Jr. Attorney for Plaintiff 828 Front Street P.O. Box 2065 Greenport, NY 11944 (516) 477-1016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DONNA I. ~gEXLER, Plaintiff, Index Number: -against- EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, JOHN BOKINA Defendants. X VERIFIFICATION Index Number STATE OF NEW YORK, COUNTY OF SUFFOLK, SS.: I, DONNA I. WEXLER, being duly sworn, depose and say that: I am the Plaintiff in the within action; I have read the foregoing complaint and know the contents thereof; the contents of the complaint are true to my knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe them to be tree. DONNA I. WEXLER Subscribed ~n~d sworn to before me on October ~5 , 1996 Notary Public, State of New No. 4942658, Suffolk Term Expires October 3, I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DONNA I. WEXLER, Plaintiff, Index Number: -against- AFFIDAVIT EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, JOHN BOKINA Defendants. X Donna I. Wexler, being duly sworn, deposes and says: 1. I am the plaintiff in the above entitled action and, as such, I am fully familiar with ail the facts and circumstances heretofore had herein. 2. As set forth in detain in the complaint, a copy of which is annexed hereto and made a part hereof, I am the owner of real property at 200 Baxter Road, Cutchogue, NY, which is improved by a single-family residence and is designated on the Suffolk County Tax Map as Tax Map parcels District 1000 Section 072.00 Block 01.00 Lot 001.006 and an undivided interest in Lot 001.009. A survey of my property is annexed hereto as Exhibit A and made a part hereof. 3. The northerly boundary line of said premises extends for 225 feet and is contiguous with Long Island Sound. 4. At present, the bluff extends approximately ninety (90) feet to the beach and there is a bulkhead running from east to west which secures the toe of the bluff for the entire length of the property. 5. The defendants herein are the owners of a twenty-five (25) foot strip of land which is bounded on the north by Long Island Sound and on the west by the easterly boundary of my property. This aforementioned twenty-five (25) foot strip of land is part of a larger parcel owned by the defendants which is known and designated on the Suffolk County Tax Map as District i000 Section 073.00 Block 02.00 Lot 004.000. 6. As can be seen from the photographs annexed hereto as Exhibit B and made a part hereof, the bluff along the northerly boundary of my property is severely eroding. The reason that my property is suffering the severe erosion is that the defendants' property does not have a bulkhead or revetment wall running along its twenty-five (25) feet of bluff. 7. On or about September 1, 1995, I consulted with Thomas Samuels, the owner of Rambo Construction and an expert in erosion control along the bluff of Long Island Sound within the Town of Southold, and I was informed by him, that the only way to prevent further severe erosion to my property was the placement of a bulkhead or revetment wall across the northerly boundary of the defendants' property near the toe of the bluff for the entire distance of that boundary, twenty-five (25) feet. In addition, it will be necessary to re-vegetate the eroded area. 8. On or about September 28, 1995, I wrote to the defendants, Dorothy Kotylak, Henry Bokina, John Bokina, and informed them of the severity of the erosion problem on my bluff, and requested permission to construct a bulkhead or revetment wall as aforesaid at my sole cost and expense. Copies of my letters to the defendants are annexed hereto as Exhibit C and made a part hereto and made a part hereof. 9. During July of 1996, I spoke with defendant, JOHN BOKINA, one of the defendants, at a political fund raiser held at Claudio's Restaurant in the Village of Greenport, Suffolk County, New York. The defendant, JOHN BOKINA, threatened to cut the power lines running to my home in the event that I and my husband, Howard Wexler, commenced any sort of lawsuit in order to request judicial intervention for the construction of the bulkhead or revetment wall. 10. I have been the owner of this property since July 20, 1995. Since that date, I have observed further erosion at the bluff area. Plantings at the top of the bluff have fallen over the side of the bluff during that period because the earth undermined beneath the plantings. 11. I believe that if no measures are taken much more of the yard area will undermine and that damage could occur to the improvements upon the property. 12. In a letter dated August 16, 1996, a copy of which is attached hereto as Exhibit D and made a part hereof, George W. Hammarth, the Deputy Regional Permit Administrator for the New York State Department of Conservation (DEC), stated that the construction of a bulkhead across the defendant's twenty five (25) foot strip of land would stabilize the bluff toe and prevent further erosion at the top of the cliff, but that a letter of permission from the defendants is required before the DEC will issue a permit for said construction. 13. On or about September 18, t996, my attorney, William H. Price, Jr., Esq., wrote on my behalf to each of the defendants and again informed them of the severe erosion on my property and requested permission for me to construct a bulkhead or revetment wall across the defendants' twenty- five (25) foot strip of land, at my sole cost and expense, and to date, said defendants have refused to grant such permission. hereof. Copies of my attorney's letter are annexed hereto as Exhibit E and made a pan 14. The construction of a bulkhead or revetment wail, as aforesaid, will not harm the defendants' property and, in fact, will prevent further erosion to the defendants' property. 15. I am asking that the Court intervene and prevent the defendants from opposing any permit application that I shall be required to make and to prevent them from interfering with the construction and maintenance of such a bulkhead or revetment wall running across their property. DONNA I. WEXLER Sworn to before me this ~-ru- day of October, 1996 ~_t~': P~blic L1NDA M. TONYES Notary Public, State of NewYork No. 4942668, Suffolk Term Expires October 3, SUPREME cOURT OF THE STATE OF NEW YORK coUNTY OF SUFFOLK x. ~ ~ ,',. ~ne Superfine Court, of the Stale j ~ ~,_... v~b ~d in and for che ~ c~,,.~ c~f SufSoJk, ~t ~e County J ~dex Number: q~-~~' j DONNA I. WEXLER, Plaintiff, -against- EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, JOHN BOKINA ' Defendants. X pR~S-F_IqT~., fiONOi~B--~~ ,~ustice ~.--.--~--- ........ ' .... Upon reading and filing the annexed affidavit of Donna I. Wexler, sworn to on the 8th day of October, 1996 and the annexed affidavit of HOward Wexler, duly sworn t~ on the 9th day of October, 1996, the affidavit of Lawrence M. Tuthill, sworn to on the 1st day of October, 1996, and the affidavit of Thomas Samuels sworn' to on the 1 lth day of October, 1996, and a copy of the summons and complaint in this action, duly verified by plaintiff the 8th day of October, 1996, and the survey, photos, and letters which are annexed hereto as Exhibits "A", "B" and "C", and D and E, respectively, Let the defendants, EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, and JOHN BOKINA, show cause before one of the ! Justices of this Court at a motion term of this Court, held in and for the County of Suffolk, at the County Court House in Riverhead, New York, on ~eo~0 day of ~r, 1996 at 9:30 a.~. or as soon thereafter as counsel can be heard, why an order should not Be made and entered herein restraining and enjoining the defendant, JOHN BOKINA, and any person from acting in concert with him, pending the determination of the issues in this action, from cutting, desn-oying, or interfering with any utility lines connected to the plaintiffs premises, designated on the Suffolk County Tax Map as parcels 100C 072.00-01.00-001.006 and 1000-072.00-01.00 and an undivided interest in lot 001.009, and furthe defendants, EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAF BOKINA, HENRY BOKINA, and JOHN BOKINA, from opposing plaintiff enjoining the THEODORE construction of a bul'khead or revetment across the defendants' twenty-five foot (25') strip of lan adjoining Long Island Sound, and ~djacent to the plaintiff's property, designated as part of lot 10tX 073.00-02.00-004.000 on the Suffolk County Tax Map, which shall be deemed consent to plaintiff applications for permits to the New York State Department of Environmental Conservation and tt- Southold Town Board of Trustees, in order to prevent irreparable injury to plaintiff's property durir the pendency of this action, and it is ORDERED, that in the meantime and ~-~ ' :': -': :: of the motion for a prelimina injunction brought on by this order to show cause, ~n~ tho :n-%' of mx cr~er~k~r~n, the defendm JOHN BOKINA, and all persons acting under his direction, or control or in concert with him, be a~ they are hereby stayed, enjoined and restrained from cuffing, destroying or interfering with any utili lines connected to the plaintiff's aforementioned premises, and it is further ORDERED that pending the ?.2~n,. ~, ..... ~ m:n~non of this motion for a preliminz injunction the defendants herein be and hereby are enjoined and restrained from taking any steps actions to oppose plaintiff's construction of a bulkhead or revetment wall across the defendan- aforementioned property, which shall be deemed consent to plaintiff's applications to the New Ye State Department of Environmental Conservation and the Southold Town Board of Trustees for :_ appropriate construction permits, in order to retain the status quo and protect the plaintiff's property from irreparable damage, until the merits of this action can be duly tried and adjudicated. Sufficient cause appearing therefor, let service of a copy of this order and the papers upon' which it is based upon the defendants, EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, and JOHN BOKINA, on or before the day of~, t-~vo, be deemed good and sufficient service thereof. Signed this /'-3~ day of /t2,,~,c--~ ~--. , 1996 at Riverhead, New York. ENTER -GRANTED Edward P. ,-,um~lne Clerk o4 Suffolk Ceunt¥_ JUSTICE, SUPREME COURT SUFFOLK COUNTY William H. Price, Jr. Attorney-at-Law 828 Front Street P.O. Box 2065 Greenport, New York 11944 ~ 25 ~6 Edward P. Romaine Clerk of ~uffoik :euntY Board Of $outhold Town Trustees SOUTHOLD, NEW YORK EMERGENCY PERMIT PERMIT NO 4.6.8.5 .......... DATE: ..D..~ .... 3 !.9.96 ISSUED TO ............ D.oz~...! ...... .-~.¢.~!~_z: ............................... Pursuant to the provisions of Chapter 615 of the Laws of +he State of New York, ~893; and Chapter 404 of the Laws of fha State of New York 1952; and the Southold Town Ordinance en- titled "REC=ULATJNC= AND THE PLACINF= OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, C=RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the ResoluHon of The BOard adopted at a meeting held on .:~.~.C.:...Z .......... 19.....?.~., and in consideration of the sum of $.2.0.9.:.0.0 ..... paid by Donna T. WexZer of ..................................................................................... N,'Y. and subiect to the Terms and Conditions listed on the reverse 'side hereof, of Soufhold Town Trustees authorizes and permits the following: To construct a ~5' bulkhead with rock infront of, attachted to existing bulkheads,on ROW as per CoUrt and survey. Replant bank and":~r,efi~,rb'a~k as per survey. all in accordance with the detailed specifications as presented in the origina+ing application. IN WITNESS WHEREOF, The said Board of Trustees h~ere- by c~uses ifs Corporate Seal to be affixed, and these presents to be subscribed by ~ majority of the said Board as of this date. TERMS end CONDiTiONS The Pern:d~xee Donna I. Wexler residing at 200 Private Rd. ~q; C.~tchoglle N. ¥., as part of the consideration for the issuance of the Permit does tmderstand and prescribe to the fol- lowing: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to tiffs permit, and the said Permittee will, ac his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes ~ liability with respect thereto, m the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for a period of 24 mos. which i~ comidered to be ~e estimated time required to complete the work involved, but should circumstances warnm% request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permitme wishes to maintain the structure or project involved, to provide evidence to anTone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Tru~e~, the work shall cause unreasonable ohstructmn to free navigation, the said Permirtee will be requimd~ upon due notice, to remove or alter this work or proiect herein stated without expenses to the Tom of Southold. 8. That the said Board will be notified by the Permittee ot the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and" c6nsents .that may be required plemental to this permit which may be subject to revoke upon failure to obtain same, Print-or Type: lOff$ce, use only File #: Permit ~: TOWN OF SOUTHOLD HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 PERMIT & BOND APPLICATION FOR ACCESS THROUGH TOWN OWNED PROPERTY 1) 2) 3) 4) 5) (Name of Applicant) (Address) : ooo- - .- (~¢o j acC Locat ion) (8.O.T.M. (Name of Ro~d or Town Property Involved) (H¢let) ~ (Brief Job Description) e) 7) 8) Estimated Cost of Proposed Work: ~-~¢/¢2~¢_ _ Insurance Coverage: A. The coverage required to be extended to the Town: Bodily injury & Property Damage; $300,000/$500,000 Bodily Injury & $50,000 Property Damage B. Insurance Company: Name & Telephone # : E. State whether ~olicy or certification is on file with the Highway Dep~rtment: (If no, Provide a copy with Application) (Signature of Applicant) no) To be completed by the Superintendent of Highways: Bond Amount Requi red: ' (Signature) 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 POASTAL EROSION MANAGEMENT PER~IT Permit Number: 73-2-3 Name of Applicant/Agent: Name of Permittee: Donna I. Wexler _Address of Permittee: 200 Privatle Rd.. 95, Cutchogu.e Property Located: ROW off Bridge Lane, Cutchogue DESCRIPTION OF ACTIVITY: Construct 35' bulkhead with rock in front of. Fill and replant bluff: as per survey. Date of permit issuance: This permit is valid for a period of two years from the date of issuance. SPECIAL CONDITIONS: Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. A relocation agreement is lattached hereto and is a necessary special condition of this permit. A maintenance agreement as attached with application and is a necessary special condition of this permit. Albert J. Krupski, President, Board of Trustees. AJK/jmd LAURY L. DOWD TOWN ATTORNEY JEAN W. COCI-IRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Trustees Laury L. Dowd, Town Attorney November 29, 1996 Wexler Application TOWN OF SOUTH© i I have reviewed the Complaint and Order to Show Cause in the case of Wexler v. Bokina. The pleadings clearly ask the judge to allow the Wexler's to access the Bokina's property to construct a bulkhead. The complaint makes it clear that the judge was aware of the Wexler's desire to build on the Bokina property despite the Bokina's refusal. Nevertheless, the judge ordered the Bokina's not to oppose the Trustee application. The order to show cause says that the Bokina's must not oppose, and, therefore, are deemed to consent, to the Wexler's application for a bulkhead permit on the Bokina property. t Jnder these circumstances, I believe that the court has authorized the Trustees to act on the Wexler application for a bulkhead permit. Note that the court order is effective until "the return date" which is not specified. Should the court set a return date and the order is then modified, the Trustees may have to reopen the issue. The odd aspect of this matter is that I would expect a judge to require Wexler to post a bond to provide for removal of the bulkhead should the Bokina's win the lawsuit. The order does not require such a bond. However, that is the responsibility of the court, not the Trustees, so you can go ahead and act. TOWN OF SOUTH,~LDi Telephone (516) 765-1801 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL At the Southold Town Conservation Advisory Council meeting held Friday, December 13, 1996 the.-~'ollowing recommendation was made: No. 1405 Moved by Robert Keith, seconded by Kenneth Meskill, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Application of DONNA I. WEXLER 72-1-p/ol, 1.9, 1.6 Emergency Permit to close 25' gap in the bulkhead between adjoining neighbors' bulkheads; restore to original pre-erosion condition; and plant. 200 Private Road #25, Cutchogue Vote of Council: Ayes: All Motion Carried NEW ~ STATE DEPARTMENT OF ENVIRONMENTAL CONSER% )N EFFECTIVE DATE November 25, 1996 EXPIRATION DATE(S) November 30, 1999 DEC PERMIT NUMBER 1-4738-01401/00001 FACILITY/PROGRAM NUMBER(S) ITYPE OF PERMIT I New ~ Renewal PEI IT Under the Environmental Conservation Law Modification ~ Permit to Construct ~ Permit to Operate Article 15, Title 5: Protection of Waters Article 15, Title 15: Water Supply ] Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification Article 17, Tit[es 7, 8: SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37~ 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO TELEPHONE NUMBER Donna gexler (516) 477-0828 ADDRESS OF PERMITTEE 1410 Manhansett Avenue Greenport, NY 11944 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Same as above NAME AND ADDRESS OF PROJECT/FACILITY Bokina Property R.O.W. Private Road #5 LOCATION OF PROJECT/FACILITY Cutchogue Suffolk Southold Long Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY Construct 25 linear feet of bulkhead to tie into existing bulkheads on adjacent properties ~o correct emergency condition existing on-site. Place 1 to 3 ton stone armor seaward of proposed bulkhead. Place 2,622 cubic yards of fill and revegetate according to approved plan. All work shall be in accordance with the attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included aa part of this permit. DEPUTY REGIONAL PERMIT ADMINISTRA- TOR: George W. Hammarth ADDRESS Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356 AUTHO ZED SIGNATURE ' DATE I November 25, 1996 Page 1 of 5 New York State Department of Environmental COnservation Building 40 - SUNY, Stony Brook, New York 11790-2356 TelephOne (516) 444-0365 Facsimile (516) 444-0373 Michael D. Zagata Commissioner November 25, 1996 Ms. Donna Wexl'er 1410 Manhansett Avenue ~Greenport, NY 11944 RE: 1-4738-0!401/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing you~ permit. Please read all conditions carefully. If you are unable to comply with anyl . conditions, .please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from. the weather. Very truly yours, Margaret M. Rorke EnCon Program Aide MMR:cg enclosure Inspect ions 1. The permitted site or facility, including relevant records, is subject to in- spectio~ at 'reasonable hours and intervals by an authorized representative of the Departrrent of Envirorrrental Conservation (the Deparlrrent) to determine v~ether the permittee is c~rplying with this permit and the E~. Such represen- 'tative may order the v~rk suspended pursuant to EiZL 71-0301 and SAPA 401(3). copy of this permit, including all referenced maps, draMngs and special conditions, trust be available for inspection by the Departrrent at all tirres the project site. Failure to produce a copy of the permit utaon request by a Department representative is a violation of this permit. Permit ~ and l:lmmmls 2. The Deparm-ent reserves the right to mad i fy, suspend or revoke this penmit a) the scope.of the permitted activity is exceeded'or a violation of any conditi~ of .the permit or provisions of the ECl. and pertinent regula- r ions is found; b) the permit v~s obtained by misrepresentation or failure to disclose relevant facts; ¢) nevvrmteriai infonmation is discovered; or d) envirorrmntal conditions, relevant technology, or applicable lag or regulation have material I¥ char~ed since the permit was issued. :3. The permittee rrust sulamit a separate written application to the Deparlrrent for renewal, rmdification or transfer of this permit. Such appiication mast include any ..forrrs, fees or supplemental .inforrmtion thru. Deparlrrent requires..'Any[ renewal, rrcdifi~tion or transfer granted by the Deparlrmnt rrust be inwriting. 4.. The permittee trust SuQ-nit a rene~l al:pi ication at least: a) 180 days before expiration of permits for State Pollutant Discharge El imination System (S=E:ES), Hazardous ~Aste Igenagement Facilities (t-~vl=}, major Air Pot lution Control (AFC) and ,Sol id W~ste 1Venag~rant Fac i I i t i es (StOl=); and b) :30 days before expiration of all other permit types. 5. l~less expressly provided for .by the E:eparlrnsnt, issuance of this permit does not rnadify, supersede or rescind any order or deten'nination perviously issued by the Departrrent or any of the terms, conditions or requirements contained in such order or determination. · Other legal 6. The permittee has accepted expressly, by the execution of the appl icatio~, the ful I legal responsibility for al I da-rages, direct or indirect, of v~k~tever nature and by v~a-rever suffered, arising 'out of the project described in this permit and has agreed to inda-rnify and save harmless the State frQ'n suits, actions, daTages and costs of every nato and desc.riptiim resulting from this prolect. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted vvark nor does it authorize the irrpairrrent of any rights, title, or interest in real or personal property h~Id or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any or,her permits, approvals,' lands, ease-rents and rights-of-v~y that ~=~, be required for this project. Page 2 of 5 95-20-6a (7 92}--25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 2~,, 25, 34 and 6 NYCRR Part 608 ( 9 That if future ooerations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shah cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natura resourceg of the State, the owner ma~ be ordered by the Department to remove or alter the structural work. obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill. excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State. and to such extent and in such time and manner as the Department of Environmental Conservation may reqmre, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercours(~. No c [aim shall be made against the State of New York on account of any such removal or alteration. 10 That the State of New York snail in no case be liable for an~ damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shah accrue from any such damage. 11 Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U.S. Ar, ny Corps of Engineers. U.S. Coast Guard, New York State Office of General Services or local government which may be required. 12 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels. solvents, lubricants, eooxy coatings, paints, concrete, leachate or any Tidal Wetland ) other environmentally deleterious materials associated with the project. 13. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may' have a tendenc,~ to cause damage to navigable channels or to the banks of a waterway 14. There shall be no unreasonable interference with navigation by the work herein authorized. 1,5 If upon the expiration or revocation of this per. mit. the project hereby authorized has not been completed, the applicant shall, without egpense to the State, and to Such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 16. If granted under 6 NYCRR Part 608. the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 17. Al activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were~I~b~ .q~m~13~d NYSDEC Approved on 11/25/96 SPECIAL CONDITIONS 1. Ail areas of soil disturbance resulting from this project shall be stabilized zmmediately following project completion or prior to permit expiration, whichever comes first. The approved-methodologies are as follows: a. stabilization of the entire disturbed area with appropriate vegetation (grasses, etc.). Ail fill shall consist of "clean" gravel and soil (not asphalt, slag, flyash, broken concrete or demolition debris). o No excavation of the beach is authorized for the purpose of obtaining fill or stone materials. Ail peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. The slope/backfill shall be planted as per approved plan specifications and the applicant shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the applicant shall re-evaluate the restoration pro3ect in order to determine how .to meet the mitigation goal and submit plans to be approved to the Bureau of Marine Habitat Protection, Building 40 SUATY, Stony Brook, NY 11790-2356. DEC PERMIT NU~ABER 1-4738-01401/'00001 PROGRAM/FACILITY NUMBER Page 3 of 5 95-20-6f (7/~,7)--25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS For Article 25 ( Tidal Wetland o There shall be no discharge of runoff or other effluent on in or down the bluff face or onto the beach. Permittee shall notify this Department within 24 hours in writing of. any changes to the terms and conditions contained in the Order to Show Cause, Index No. 96-26848, signed by Justice William Underwood, Supreme Court of the State of New York, Suffolk County dated November 12, 1996. The Department reserves the right to amend, revise, suspend or revoke this Permit as deemed appropriate. Supplementary Special Conditions (A) through (F) attached DEC PERMIT NUMBER 1-4738-01401/00001 FACILITY ID NUMBER PROGRAM NUMBER Page 4 of 5 .SUPPLE~.~&NTAR~ SPECIAL CORD£TIONW The following conditions apply to all TidaI Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: Be Do A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been Completed'. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands,. and complies with this permit and all its general, special, and supplementary special conditions. Any ~.~ ~failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. if any of the permit conditions are unclear, the permit~ee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516)'444-0365. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the. Regional .Permit Administrator prior to undertaking any such .modifications. The permittee is advised that substantial modification may require submission ora new application for permit. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they.are'ful!y aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to reco~encing work in subsequent years. The granting of this permit does not relieve the permittee of t_he responsibility of obtaining a grant, easement,-or other necessary approval from the Division of Land Utilization, Office of General Sea-vices, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-01401/00001 Page 5 of'.~5 '' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DONNA I. WEXLER, At ac-~,~.~t'Term, Pon' ~ o~ · e ~preme Coud, of ~e St~t~ of New Yor~, heid in an~ for dm Coua~ or ~u,.m..., c.t Ccz:m~/ Court ~ous~, ~.Nedne~d,'New 'f~rk. ~ Plaintiff, -against- EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, JOHN BOKINA ' Defendants. PRESENT?HONO~L~ Index Nuraber: q6-2b~q'~- ORDER TO SHOW CAUSfi Upon reading and filing the annexed affidavit of Donna I. Wexler, sworn to on the 8th day of October, 1996 and the annexed affidavit of Howard Wexler, duly sworn to on the 9th day of October, 1996, the affidavit of Lawrence M. Tuthill, sworn to on the 1st da)' of October, 1996, and the affidavit of Thomas Samuels sworn to on the 1 lth day of October, 1996, and a copy of the summons and complaint in this action, duly verified by plaintiff the 8th day of October, 1996, and the survey, photos, and letters which are annexed hereto as Exhibits "A', 'B' and "C', and D and E, respectively, Let the defendants, EDMUND BOKiNA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, and JOHN BOKINA, show cause before one of 'the Justices of this Court at a motion term of this Court, held in and for the County of Suffolk, at the County Court House in Riverhead, New York, on thedD day of ~, 1996 at 9:30 a.m. or as soon thereafter as counsel can be heard, why an order should not be made and entered herein restraining and enjoining the defendant, JOHN BOKINA, and any person from acting in concert with him, pending the determination of the issues in this action, from cutting, destroying, or interfering with any utility lines Albert J. KrupskL President John Holzapfet. Vice President Jim King Martin H. Oarrell Peter Wenczel Town Hall 53095 M~in Road . P.O. Box 1179 Southold. New York 11971 Telephone (5 t 6) 765-1892 Fax (516). 765- 1823  stai Erosion Permit Application______~_~-~ land Permit Auolication --Grandfather Perm[% Application Waiver/Amendment/Changes k/Received Application: ~eceived Fee:$ ,j~ -" "' ~mpieted Appii~ation //~-_~ Incomplete ' SEQ~ Classificatio~~ Type I_..T!rpe II Unlisted__ Coordination:(date senn) . CAC Referral Sent: //-ff~-~/~ Date of Inspection: !~_~}}_q~ Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Hearing Held: Resolution: Name of Ap/plicant -~o~3 % ~, lk)6X gC-7~ S~ffolk County T~ Map N~er: 1000 -~-, 2~o~ ~ok%~A~ ~~,~ (provide LILCO Pole ~, distance to cross streets, and location) AGENT: (If applicable) Address: Phone: FAX~: C' 'fi(-~ 'Part ~/~" of ~ ~- ~ :. ' At ac:~.~ ~Terin, /.'F'~ ~-.~ _ L.~ /~ U ~-> c~,'~ ~. ~.~/-~.~ ~e ~preme CouP, of ~e S~te s~ME COURT OF T~ STA~ OF ~W YO~ of New York, held in and for the COU~Y OF S~FOLK Courl House, R[ve?nea~/New,~Y°rko x. on the ~ d~y of~_~/~g~_~ Plaintiff, DONNA I. WEXLER, -against- EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, JOHN BOKINA ° Defendants. Index Number: ORDER TO SHOW CAUSE. pRESENTT. -HO~O~BE~--' '" · .............. 3~usfice Upon reading and filing the annexed affidavit of Donna I. Wexler, sworn to on the 8th day of October, 1996 and the annexed affidavit of HOward Wexler, duly sworn tt~ on the 9th day of October, 1996, the affidavit of Lawrence M. Tuthill, sworn to on the 1st day of October, 1996, and the affidavit of Thomas Samuels sworn to on the 1 lth day of October, 1996, and a copy of the summons and complaint in this action, duly verified by plaintiff the 8th day of October, 1996, and the survey, photos, and letters which are annexed hereto as Exhibits "A", "B" and "C", and D and E, respectively, Let the defendants, EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, and JOHN BOKINA, show cause before one of the f Justices of this Court at a motion term of this Court, held/in and for the County of Suffolk, at the County Court House in Riverhead, New York, on the~ day of ~, 1996 at 9:30 a.~. or as soon thereafter as counsel can be heard, why an order should not be made and entered herein restraining and enjoining the defendant, JOHN BOKINA, and any person from acting in concert with him, pending the determination of the issues in this action, from cutting, destroying, or interfering with any utility lines connected to the plaintiff's premises, designated on the Suffolk County Tax Map as parcels 1000- 072.00-01.00-001.006 and 1000-072.00-01.00 and an undivided interest in lot 001.009, and further enjoining the defendants, EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORE BOKINA, HENRY BOKINA, and JOHN BOKINA, from opposing plaintiff's construction of a bulkhead or revetment across the defendants' twenty-five foot (25') strip of land adjoining Long Island Sound, and ~djacent to the plaintiff's property, designated as part of lot 1000- 073.00-02.00-004.000 on the Suffolk County Tax Map, which shall be deemed consent to plaintiff's applications for permits to the New York State Department of Environmental Conservation and the Southold Town Board of Trustees, in order to prevent irreparable injury to plaintiff's property during the pendency of this action, and it is ORDERED, that in the meantime and - --"._. - .' ~ _- -' :' -' :: of the motion for a preliminary injunction brought on by this order to show cause, ~".d-tSe~.~.~'~"" ..~*' ~... .... w__.'~'~" '~'...,~.~..,', the defendant, JOHN BOKINA, and all persons acting under his direction, or control or in concert with him, be and they are hereby stayed, enjoined and restrained from cutting, destroying or interfering with any utility lines connected to the plaintiff's aforementioned premises, and it is further ORDERED that pending the '~on of this motion for a preliminary injunction the defendants herein be and hereby are enjoined and restrained from taldng any steps or actions to oppose plaintiff's construction of a bulkhead or revetment wall across the defendant's aforementioned property, which shall be deemed consent to plaintiff's applications to the New York State Department of Environmental Conservation and the Southold Town Board of Trustees for the appropriate construction permits, in order to retain the status quo and protect the plaintiff's property from irreparable damage, until the merits of this action can be duly tried and adjudicated. Sufficient cause appearing therefor, let service of a copy of this order and the papers upon which it is based upon the defendants, EDMUND BOKINA, JOSEPH BOKINA, DOROTHY KOTYLAK, THEODORB BOKINA, HENRY BOKINA, and JOHN BOKINA, on or before the day of~r?"~l'996, be deemed good and sufficient service thereof. Signed this /,)_r.. day of /x-G,~,c-~d,...~ , 1996 at Riverhead, New York. ENTER GRANTED Edward P. ~omaine ¢l~rk of Suffolk County JUSTICE, SUPREME COURT SUFFOLK COUNTY William H. Price, Jr. Attorney-at-Law 828 Front Street P.O. Box 2065 Greenport, New York 11944 (516) 477-1016 Edward P, Romaine oO~. 315.89' SURVEY FOR DONNA I. WEXLER A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 72 - 01 - 1.6 & 1.9 Scale: 1" = 60' July 15, 1995, CERTIFIED TO' DONNA L WEXLER COMMONWEAL THLANB ~TLE~SURANCE COMPANY THE BERKSHIRE BANK '%. PECONIC x,~SOR~EYOR$~ 'P.C. (516) 765 ~ 50~0 P.O. BOX 9~9 IR$O TRAVELER STREET SOUTHOLD, N,Y. 11971 ANy AL T~RA T/ON OR ADDITION TO THI~ SURV£Y IS A VIOLA TION ~ u~P OR co~s ~R r~ ~=s~ S~L ~ r~ s~vzY~ ~0~ ~NAT~ A~EARE ~. a~r 8~ U~ 8Y ~aY ~ ~LL ~Y~S UrlLIZ~ ~ ~r ~RO~T-T~DA~' AR~ ~T ~ C~L~ ~TH T~ LA~, AREA 1000- 72 -01-1.6 = 1.8098 Acres to tie line 1000 - ?£-- 01'* 1.9 = 0.8003Acres 95-206 -I -"m \ -¢'"'. %