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HomeMy WebLinkAboutTR-10541A i Glenn Goldsmith, President ®F s®(/,'�y Town Hall Annex 54375 Route 25 A. Nicholas Krupski,Vice President ®� P.O. Box 1179 Eric Sepenoski Southold, New York 11971 Liz Gillooly a Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 ®01 4UNTVd,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction % constructed When project complete, call for compliance inspection; > I ' Glenn Goldsmith, President S®(/,�� Town Hall Annex A.Nicholas Krupski,Vice President ,�®� ®�® 54375 Route 25 P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples ® �® Fax(631) 765-6641 co Nil, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 10541A Date of Receipt of Application: February 27, 2024 Applicant: Todd Freed & Edith Webster-Freed SCTM#: 1000-116-6-12.1 & 12.2 Project Location: 12400 New Suffolk Avenue, and R-O-W off New Suffolk Avenue, Cutchogue Date of ResolutionlIssuance: April 17, 2024 Date of Expiration: April 17, 2027 Reviewed by: A. Nicholas Krupski, Vice-President Project Description: Add approximately 200 cubic yards of fill to a height of 18"-24" from existing ground level; plant 63 green giant arborvitaes along the length of the property; install a 6' high chain link fence along the east side of the arborvitaes; and to remove two existing locust trees; with no disturbance or grade change within the 10' right-of-way. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the site plan prepared by David Cichanowicz, Creative Environmental Design, last dated April 15, 2024, and stamped approved on April 17, 2024. Special Conditions: None. Inspections: Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. 41k,-OW14- Glenn Goldsmith, President Board of Trustees I I I AREA TO BE APPROVED FRONT YARD BY TRUSTEES 1 PROF05ED 4' HIGH CHAINLINK FENCE ' PROP05FD NEW 6 HIGH CHAINLINK FENCE 1 I � I , i ► 1 i EXTENT OF PROP05ED i ► TIE LINE ALONG THE ; I I i 5OUTHERN LINE OF , GL 1 FILL D15TURBANCE i EX15T 1-0CU5T ' BEACH GRA55 1 j PROPOSED 63— WESTERN ARB. 8/9' I TO BE REMAIN 1 1 — - - — — - — - - — - - — — - — - - — — — — - — — - — — - — — - — — - — — - — — - — — - — — — - — — - — —� C�ECJ �fCfiION- — — - - - — — — - — — - — — — • — — - — — - — — • — — — — - — - — — - — — - - - — — - — — - — ' - — — • — — - — — - — — - / 1 - I- T 1 ' 1 110' WIDE ROW FOR SS TO BEACH I �O WIDE ROW FOR COMMu ACCESS TO BEACH I �� � I I I I ' 1 ► i - -- ----- -- --------- ----------------- ---------------------------- ► Luj \ \ / \ \ / \ \ / \ '7 0 0 0 0 0 0 0 2200 F DRIVEWA '7 0 0 0 \ \ 0 L \ \ NO GRADE 1 , o 0 0 o CRAWE f BEACH Z a a7 a a a a \ \ \ \ \ \ \ \ \ ► �1 EX15T. ' I t II EX15T. 1 1 , 1 I 1 D S X�}' PPIOP05ED PRIVET PRIVET , 1 0 I 24 04' cRAP MYR VIT 1 >Sawa Cw DW _ V V,: . NATIVE BRICK PATIO Y MYR t I I ON GRADE �> W ► i i i ; �,,�, PLANTINGS /' LINE OF NON DISTURBANCE ; LANDWARD EDGE OF BEACH ; DRIVEWAY MATERIAL: ELEVATION ;� J ; 5U5 BASE — 5ANDY LOAM NOT TO SCALE BASE — 4" RCA BLEND ' F EX15T RE50ENCE I 1 , FINBS ED SURFACE — 3I8" PEA GRAVEL ' Q I 100 TRUSTEES —(J-0mor I � ILL. I ------ - JURISDICTION LINE BEACH PROP05FD FENCEEX15T GRADE I. , , ► 8/9' 4 ' EAST PROPERTY LINE 1 1 18"-24" cRnce 04aw-�I 1 1 EXIDTING GRADE I 19 WE POW I 1 I 1 1 APPROX.150-180 CU.YD RESIDENCE 5ANDY LOAM FILL MATERIAL t ► APPROX.SD CU.YE) ACCE55 TO BEACH ► ► I 5CREENED TOP501L MATERIAL 1 1 1 1 I � ► 1 1 1 1 1 1 I � ' ► 1 1 1 1 EXIST. PERMITTED NATIVE 1 1 1 i GUNITE POOL PLANTINGS 1 1 ► 1 1 EXIST. PERMITTED 1 DEC JURISDICTION BEACH PATIO14 ; 50011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' • — — - — •r 1 / 1 ► � 1 ' 1 , 1 / z DEC JURISDICTION TOTAL AREA 449670 SF EXfSTING LOT COVERAGE 89488 SF LEGEND PROP05FD INCREASED LOT COVERAGE 336 SF COMWNNAmE OTY TOTAL PROPOSED LOT COVERAGE 89824 SF TREE, EVERGREN APPROVED BY ARBORVITAE GREEN GIANT �D�O PROPOSED LOT COVERAGE % 19.75% BOUD OF TRUSTEES TOWN OF SOUTHOLD DATE � 17120Z4 1 I APR 1 5 2024 Southold Town Board of Trustees JoOD-VA0 NEW 5UFFOLK AVENUE, NEW9uFaK, NY 5CTW 1000-11&-06-121 / 122 Revision #: Scale: Landscapa Plan : 12-23-23 Landsca a Desi n by: David Cichanowicz p J 0 0 Date . 4/15/2024 1 / 16 _ 1Webster - reeCreative nvironmental OR ADDITION To THIS SUR%4EY 5 A VIOLATION OF SECTION 7209 OF THE NEW YORK'STATE TION LAW. TY LINES TO EXISTING NOT TO BE USED TO PROPERTY NES OR OF FENCES. OF tS SURVEY MAP t1INDICA D HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED NA HIS BEHALF Y0 THE�TLEA COMPANY,tGO DISTANCES AL AGENCYHEREON AND LENDNGPINSOTT1TION LISTED HEREON.AND TO THE ASS ARE IONEESOF THE lE PURPOSE INSnluTw CERTIMATION5 ARE ESTABLISH TRANSFER TOUADD�ON�NSTITUTIONS OR QUEENT�FIK�()THE LOCATION�OF WELLSSEARING (W)•�TANKS(�III INKED CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED(4)CERTIFICATION OTHERS. N 400 Ostrander Avenue, Riverhead, New York IIg01 tel. 631."127.2303 fax. 651.127.0144 Aadmin®youngengineering.com o 0" 4�t J Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer ( _ Douglas E. Adams, Professional Engineer Robert C. Tast, Architect CkrRobert 5tromeki, Architect Reg 22w SUS I CAP s S APN o o�A Bo � Y S ROrycK �(v SITE DATA PROP�N V 576 oJrB�Qn mG�OF PgyE1VT Y �mm� -� AREA = 1.4�152 ACRES OR 65,262 50. FT. �1F / Nip fXXX �3 NO. 1000-116-6-12.1 AREA - 1.15415 ACRES OF 50,509 90. FT. 00' 5.07 M. NO. 1000-116-6-12.2 AREA = 0.3351 ACRE OF 14,152 50. FT. 10.00r FCe to to I W R' � 3 / peW V O / N ro / I j j CE = CELLAR ENTRANCE o o RO = ROOF OVER i o i CID-) UTILITY POLE � o OW = CONCRETE MONUMENT FOUND WOOD STAKE FOUND 3i J ll L ,a All Or 0 0 B pGlAN U 8lpCK Jl m r� RIVFwAY Ur CWI f A SURVEYOR'S GERTIFIGA►TIOH CY � Y �OD FENCE r tl � Mtn i bnmW 3 20'4. HEREBY CERTIFY TO TODD FREED & EDITH `'e 1 r v - W E t3 S T E R-F-R E E D THAT rH!S SURV� WA5 PREPARE— !N 45' U ro 3� AGv::c�4NC.E j^iiTH THE COVE OF WP.;�vT!I. F7R LAND SL'KcVE`r i 4D N U ~ ADO'z' ED $Y' THE NEW YORK STATE A550CIATION OF s N y— c � m � N i323x m FROf'ESVONAL LAND SURVEYORS A5 SURVEYED ON 0-7, 2018- o v 2 O• ry 0 1 � OF NW ,vHO& � �'0GARA �"s.s' 0 v V, V CO is SL41 v Ro 18 7.1, r O PA AO Id3 8PoRCH. 17,p o i ry Qg'E pq(�K Q ( Aso •l�Sa_� 00 zo.z no PA7jp - - 7 FEB 2 7 2024 m HOW&,RD W. YOUNG, N.Y.5. L.5. NO, 458Q3 4 A N D 2 a 17.r PROP y � y o 0 o SUR1�Y FOR N Q _ o o&E C p m PROPV N TODD FREED 4 3, wSp -- CERTAIN PARCELS ED I TH NEBSTER-FREED PR°P� 11.3 PARCEL DES16NATION Ai;ZEA at Cutchogue, Town of Southold o� N :§ Suffolk County, New York N 0,/ 70� 4 n 1.4E E C� EXCLU5IVE EASEMENT 5,e45 5F`�`' N��oI ;-sp F - G�RTA I N PARCELS \ / // F "NE QD NON-EXCLUSIVE EASEMENT I,q�i5 5F g '?0 Q6 1000 116 O6 12.1 `vM/T Mq� �'y Gclint Tax Md District 1000 Section 116 Block 06 Lot 12.2 eFA�hcq"°WARD l5 45�� , r.3G TAX LOT 1000-116 -6-12.2 14,152 5F y p FIELD SURVEY COMPLETED MAY O?, 2018 ne CT�� TAX LOT 1000-I I b -6-12.1 50,50Q SF MAP PREPARED MAY 06, 2015 SOU;y& t4Nc Record of Revisions N6 � //?l r 6eq� � � 9�CHN�Y CIIyE nee 80 , `� n7 0 44 of �3GD ENTIRE PARCEL 651262 5F RE:GORD OF REV15ION5 DATE '� p Non, '2 GLEAN UP _ JUN. Db ?oia / o Z@k, lVcQ CERTAIN PAR WITH A S, P !2 � 7(»� $OSor s h¢ SI C j� h W4 A W �CO oN 4II 40 O 20 40 80 120 5ca l e: 1" = 40' D4 No8004c. oft + + + + ' AREA TO BE APPROVED + + + FRONT YARD BY TRU15TEE5 + - PROP05M 4' HIGH CHA%INK F NCE PROP05ED NEW 6'HIGH CHAINLINK FENCE ' EXTENT OF FROP05ED TIE LINE ALONG THE + 50UTHERN LINE OF + FILL 106TUMANCE BEACH GRA55 PR(JP05FD 63 — WESTERN ARB. 8/9' LOC4-1 I I BE REdgVa) I f I 10'WIDE PRIVATE PEDES RIGHT-OF-WAY TO BEACH ANTED TO NAMED NEIGHBORS O LY 10'WIDE PRIVATE PEDESTRIAN RI -OF-WAY TO BEACH GRANTED TO NAMED NEIGHBORS ONLY t 4t"1 ` I I l�^'t.r° I < + r - ---- ---------------' is Wk 80 V V 0 0 0 0 0 0 02200 r-)F PRIVEWAY E V V 0 V 0 0 \ \ 0 L \ \ \ \ rn; - BEACH z a \ I \ \ \ \ \ \ \ \ \ 142 a a a a \ \ / I D EXIST. ' PROP05ED PRT PRIVEry 0 + 24'x14' RAP CRAP CRAP a VIT I DW o + Y MY MYR 4 NATIVE PLANTINGS LINE OF BRICK PATIO 1 ON GRADE NON DISTURBANCE LANDWARD EDGE OF 13EACH , DRIVEWAY MATERIAL: ' 5U13 BASE — 5ANDY LOAM s �, BA5E - 4" RCA BLEND F' FINI51 ED 5URFACE — 3�8" PEA GRAVEL ELEVATION O ' r 100 TRL15TEE5 NOT TO SCALE I EX6T'RE50ENCE ' gar JURISDICTION LINE BEACH I Fec c FFNo EXIST GRADE g9 t —CAI,,�KrYUN ' 18"-24"\\\\\ /\J � v ,.,,► EXISTING GRADE 1 4 23, - I ... .. RESIDENCE APPROX 150 180 cu.Y� ACCE55 TO 5EACH 5AWY LOAM FILL MATERIAL APPROX.80 CU,.YD 5CREENE[7 TOP501L MATERIAL Z r EXIST. PERMITTED NATIVE f GUNITE POOL PLANTING5 EXIST. PERMITTED DECJ ICTI PATIO 100'.9'° BEACH 30 v< ,, Z 4 " DEC JURISDICTION TOTAL AREA 44 670 5F I EXISTING LOT COVERAGE 89468 5F LEGEW PROP05ED INCREASED_LOT COVERAGE 336 5F G0MWNNAw_ QTYo. ,u rt A . a w TOTAL PROPOSED LOT COVERAGE 89824 5F T PEE, EVERGREEN — PROPOSED LOT CO ARBORVITAE, GREENGIANTr0ro COVERAGE /0 19.75/o FEB 9 7 2024 12400 NEW 5UFFOLK AVENUE., NEW 5UFFOLK, NY 5CTN# 1000-11&-06-12.1112.2 Revision #: Scale : Landscape Plan : 12-23-23 Landscape Design by David Cichanowicz m 0 Date : 2/22/2024 1 /16 1 r IV nvironmental Design -S -HOLD. I RU TEES Ull-'�� 1 .1 . S. Noe Io�I Jk issued TOAI �e-A�e Date.4917�_ Adj'ress iz�oo �w SUFF94wr 7°FlIS w0`YICE NIIJSTIlE 61OLAlfED Dl6RIR9C, 60NSTRUCTION TOWN TRUSTEES OFFICEoTOWSY OF SOII.TFEOLD . TE L.: 765-1 892 Glenn Goldsmith,President �O�QS1lFFD(,�cOGy Town Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 0 Eric Sepenoski nx, P.O.Box 1179 Liz Gillooly �y • !� Southold,NY 11971 O Elizabeth Peeples l _�a Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: Z`I�� ompleted in field by: Cole Environmental Services on behalf of TODD FREED & EDITH WEBSTER-FREED requests an Administrative Permit to add approximately 200 cubic yards of fill to a height of 18"-24" from existing ground level; plant 63 green giant arborvitaes along the length of the property; install a 6' high chain link fence along the east.side of the arborvitaes; and to remove two existing locust trees. Located: 12400 New Suffolk Avenue and Right of Way off New-Suffolk Avenue, Cutchogue. SCTM# 1000-116-6- 12.1 & 1000-116-6-12.2 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound ✓Bay Part of Town Code proposed work falls under: /Chapt. 275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No ✓ Not Applicable Info needed/Modifications/Conditions/Etc.: WIte� �oT c,G.tk_f.-jRW (&Jfe e a,rah o CA.✓•uJa• w (liui1 e4d i P �i Present Were: G. Goldsmith ✓ N. Krupski E. Sepenoski L. Gillooly E. Peeples [FILED : SUFFOLK COUNTY - IRK 111 16 2023 11 : 47 A- INDEX NO. 618675/2017 NY$CEF DOC. N0. 549 - RECEIVED NYSCEF: 12/06/2023 At an IAS Part of the Supreme Court of the State of New York,held i;and for the County of Suffolk,on the day of November,2023. P R E S E N T: HON..1OSEPH FARNETI J.S.C. --------------------------------------------------------------------X ERNEST WICKHAM CASE, Index No. 618675-2017 GiO ' Uor�l Plaintiff, -against- TODD E.FREED,EDITH WEBSTER-FREED, NANCY B. MARSCHEAN,KIMBERLIE JOBES, DIANNE McGUNNIGLE,BRUCE BREM,STEVEN BREM,PAUL BREM,ALICE W. GROOME, n I MELISSA WHITTED,MATHEW P. WHITTED, w1J MICHAEL WHITTED,MITCHELL W. WHITTED, ,p MARY ELAINE WHITTED,CASE MAXWELL JUDGMENT p� WHITTED,KATHERINE R. CASE, �—}- DAVID T. CASE,CLIFFORD T. CASE III, `v JOSEPH M. BARKWILL,PATRICIA M: BARKWILL,RUSSELL A. HEARN, SUSAN ENTERED: NOV 16 2023 HEARN,BARBARA BEST,JEAN C. BLOCK, AT: PATRICK BLOCK, SERAFINO M.CELANO, `r 71 l ANNEMARIE CELANO,SYDNEY DUFTON III, DEBORAH DUFTON,NICOLE FITZGERALD, SHAWN FITZGERALD,EDMUND GIORDANO, MARGUERITE GIORDANO,PETER GODOFF, HEIDI S. GODOFF,DOUGLAS HERRMANN, MOORE'S LANE LLC,BARBARA HERRMANN, MARY D. HOLLAND, McILVAIN R M&E B E E IRREVOCABLE LIVING TRUST,GREGORY O'NEILL, CAROL O'NEILL,MARY KAREN RICH, WILLIAM RICH III,MARK ROBERTSON,NANCY FEB 2 7 2024 ROBERTSON,ZARKO SVATOVIC,DUNEWOOD TRUGLIA,ILEEN TRUGLIA, TRINA WALDRON, L -- -�. ._ STEPHEN WEISS,and MARIE WEISS, �4cu'i c)c! �oN es Bo=�ra o. Trus c G/G +61"ent Defendants. --------------------------------------------------------------------X 1 of 17 [FILED : SUFFOLK COUNTY' 'ERK 11 16 2023 11 : 47 A INDEX NO. 6186.75/2017 NY$CEF DOC. NO. 549 RECEIVED NYSCEF: 12/'06/2023 Plaintiff Ernest Wickham Case commenced the above-entitled action under New York Real Property Actions and Proceedings Law Article 15 by filing a summons and complaint on September 26,2017 and then filing a supplemental summons and complaint on April 11,2019, seeking 1) a declaration that certain deeds to Defendants Todd E. Freed and Edith Webster- Freed recorded on January 22,2013 in the Suffolk County Clerk's office concerning property identified on the Suffolk County Tax Map as parcel 1000-116-06-12.2("tax lot 12.2")are void, 2) a declaration that Defendants Todd E. Freed and Edith Webster Freed and all persons claiming under them be barred from all claims to an interest in tax lot 12.2, and 3) a declaration that Defendants Todd E. Freed and Edith Webster Freed and all persons claiming under them are forever barred from the use of tax lot 12.2,and a declaration that Plaintiff and the heirs of Wickham Case,to wit: Additional Defendants Nancy Marschean,Kimberly Jobes,Barbara J. Martin,Dianne McGunnigle,Bruce Brem,Steven Brem,Paul Brem,Alice W.Groome,Melissa Whitted,Matthew Whitted,Michael Whitted,Mitchell W. Whitted,Mary Elaine Whiffed, Case Maxwell Whitted,Katherine R. Case,David T. Case and Clifford T.Case III are the owners of tax lot 12.2,and Plaintiff having also alleged that tax lot 12.2 is burdened by an easement for the benefit of himself and Additional Defendants,Joseph M. Barkwill,Patricia M. Barkwill,Russell A. Hearn,Susan Hearn,Barbara Best,Jean C. Block,Patrick Block,Serafino M. Celano, Aniunarie Celano, Sydney Dufton III,Deborah Dufton,Nicole Fitzgerald,Shawn Fitzgerald, . Edmund Giordano, Marguerite Giordano,Peter Godoff, Heidi S. Godoff,Douglas Hermann, Moore's Lane LLC,Barbara Hermann,Mary D.Holland, McIlvain R M & E B Irrevocable Living Trust,Gregory O'Neill, Carol O'Neill,Mary Karen Rich,William Rich III,Mark Robertson,Nancy Robertson,Zarko Svatovic,Dunewood Truglia,Trina Waldron,Stephen RFEBY27 2024 Lj 2 _1 11 FEB _ FEP j - j Southold Town Board of Trustees ''' 2 of 17 - --- P. [FILED : SUFFOLK COUNTY,' JERK 11 16 2023 11 : 47 1 INDEX NO. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 1V06/2023 Weiss and Marie Weiss,and Plaintiff having filed proof of service of his pleadings on Defendants Todd E. Freed and Edith Webster Freed and all of the Additional Defendants; and Defendants Todd E.Freed and Edith Webster Freed having filed an answer to Plaintiffs complaint and then having filed an amended answer on April 30,2017 asserting counterclaims and cross-claims seeking 1)the dismissal of Plaintiff's complaint with prejudice,and 2) declaring that Defendants Todd E. Freed and Edith Webster Freed are the valid fee title owners to tax lot 12.2,and 3) declaring that all other claims of ownership of tax lot 12.2 are invalid,and 4) declaring that no party to the action has a deeded easement or right-of-way over tax lot 12.2 and Defendants Todd E. Freed and Edith Webster Freed having filed proof of service of their pleadings on the Additional Defendants;and None of the named Additional Defendants having interposed an answer except Zarko Svatovic,actingpro se,who did not assert any claims but whose rights concerning the subject matter of this action,along with the rights of additional defendant Barbara Best,were determined in a previous action in this court, Todd E. Freed and Edith Webster Freed v. Barbara Best and Zarko Svatovic,Index No. 0 1 247/20 1 4; and None of the Additional Defendants having participated in the litigation of this action as parties;and The action having been called for trial on September 18,2023,and Plaintiff Ernest Wickham Case having appeared by David P. Fallon and the Defendants Todd E. Freed and Edith Webster Freed having appeared by Esseks,Hefter,Angel,Di Talia&Pasca,LLP,Stephen R. Angel and Anthony C. Pasca,of counsel,and the Additional Defendants having defaulted, thereby making them bound by the provisions of this Judgment;and PD F E S 2 7 2024]DI 3 Southold Town __ Board of Trustees 3 of 17 FILED : SUFFOLK COUNTY RK 11 16 2623 11 : 47 INDEX NO. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 1V06/2023 A settlement having been placed on the record in open court on September 18,2023,the transcript of which having been"So Ordered"by the Court and filed on October 4,2023, NOW,upon joint motion of Esseks,Hefter,Angel,Di Talia&Pasca, LLP and David P. Fallon, it is ORDERED,ADJUDGED AND DECREED,that the complaint and claims therein and the answer with counterclaims and cross-claims therein,and any amendments thereto,are hereby granted only to the extent that the rights and obligations of the parties are set forth in the following decretal paragraphs of this Judgment,and said claims,counterclaims,and cross-claims are otherwise dismissed; and it is further ORDERED,ADJUDGED AND DECREED,that Defendants Todd E.Freed and Edith Webster-Freed are declared to be the sole owners,in fee simple absolute,of tax lot.12.2,which is more particularly described upon Exhibit A annexed hereto;and it is further ORDERED,ADJUDGED AND DECREED that Plaintiff,Ernest Wickham Case,and certain of the Additional Defendants as defined hereinafter as"Easement Defendants,"are declared to be benefitted by certain easement rights over tax lot 12.2,appurtenant to their respective parcels as hereinafter defined,only to the following extent: I 1) an exclusive easement over a ten-foot wide area of tax lot 12.2(Exhibit A),which exclusive easement area is more particularly described upon Exhibit B annexed hereto(the "exclusive easement area"),for pedestrian access(no vehicles)from New Suffolk Avenue to the Peconie Bay and for minor accessory structures(e.g.,kayak storage,benches)under eight(8) feet tall(measured from grade),but only outside of the beach grass/dune area,said exclusive easement area to be maintained by the Easement Defendants,who will also be responsible to comply_with Town of Southold directives regarding structures thereon;Defendants Todd E. _� EC � Isf F E B 2 7 2024 4 Southold 'Town 4 of 17 Board of Trustees [FILED : SUFFOLK. COUNTY ERK 11 16 2023 11 : 47 INDEX No.. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 1V06/2023 Freed and Edith Webster Freed shall have limited access to said exclusive easement area for any reasonably necessary purposes(e.g.,surveying,appraising,code compliance),but not to use for any other purpose; 2) a nonexclusive easement over the sandy beach area of tax lot 12.2(Exhibit A),which nonexclusive area is more particularly described on Exhibit C annexed hereto(the"nonexclusive easement area");no structure or storage of any kind is permitted within the nonexclusive easement area; 3) the exclusive easement and the nonexclusive easement shall run with the land for the benefit of Plaintiff-s property, Suffolk County Tax Map Parcel 1000-116-2-28.001,240 Meadow Lane,.Cutchogue,New York,and the following properties which are described in Plaintiff's complaint as being owned by the following parties, who are collectively referred to herein as "Easement Defendants": Suffolk County Tax Map Parcel 1000-116-2-18 Property address: 450 Bay Road Cutchogue,NY 11935 Property owner(s): Joseph M. Barkwill Patricia M.Barkwill Suffolk County Tax Map Parcel 1000-116-2-20 Property address: 535 Meadow Lane Cutchogue,NY 11935 Property owner(s): Russell A. Hearn Susan Hem Li — J I - t F E B 2 7 2024 5 Southold 'Town Board of Trustees 5 of 17 [FILED : SUFFOLK COUNTY; TERK 1 16 2023 11 : 47 11 INDEX N0. 618675/2017 NXSCEF DOC. NO. 549 —r RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-5 Propegy address: 12355 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Barbara Best Zarko Svatovic Suffolk County Tax Map Parcel 1000-116-2-22.3 Property address: 330 Case Road Cutchogue,NY 11935 Property, owner(s): Jean C.Block Patrick Block Suffolk County Tax Map Parcel 1000-116-2-22.002. Property address: 13305 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Serafino M. Celano Annemarie Celano Suffolk County Tax Map Parcel 1000-116-2-23 Property address: 13555 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Sydney Dufton III Deborah Dufton Suffolk County Tax Map Parcel 1000-116-2-13 Property address: 12555 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Nicole Fitzgerald Shawn Fitzgerald � ED �I � a F E B 2.7 2024 6 Southold Town Board of Trustees 6 of 17 FILED : SUFFOLK COUNTY ? )ERK 11 16 2023 11 : 47 A INDEX N0. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-16.1 Property address: 200 Bay Road Cutchogue,NY 11935 Property owner(s).: Edmund Giordano Marguerite Giordano Suffolk County Tax Map Parcel 1000-116-2-21 Property address: 395 Meadow Lane Cutchogue,NY 11935 Property owner(s); Peter Godoff Heidi Godoff Suffolk County Tax Map Parcel 1000-116-2-3 Property address: 4955 Moores Lane Cutchogue,NY 11935 Property owner: Moore's Lane LLC Suffolk County Tax Map Parcel 1000-116-2-14 Property address: 13105 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Douglas Herrmann Barbara Herrmann Suffolk County Tax Map Parcel 1000-116-2-9 Property address: 400 Short Road Cutchogue,NY 11935 Property owner: Mary D. Holland Suffolk County Tax Map Parcel 1000-116-2-6 Property address: 12455 New Suffolk Avenue Cutchogue,NY 11935 j) F, 71 V E Property owner: I -- Mcllvain R M&E B Irrevocable Living Trust F E B E72024]0 Southold Town 7 L _y_ Board of Trustees 7 of 17 [FILED : SUFFOLK COUNTY L`,ERK 11 16 2023 11 . 47 A` INDEX No. 618675/2017 NXSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-17 .Property address: 135 Case Road Cutchogue,NY 11935 Property owner(s): Gregory O'Neill Carol O'Neill Suffolk County Tax Map Parcel 1000-116-2-26 Property address: 500 Meadow Lane Cutchogue,NY 11935 Proper owner(s): Mary Karen Rich William Rich III Suffolk County Tax Map Parcel 1000-116-2-11.001 Property address: 435 Bay Road Cutchogue,NY 11935 Property owner(s): Mark Robertson Nancy Robertson Suffolk County Tax Map Parcel 1000-116-2-7 Property address: 200 Short Road Cutchogue,NY 11935 Propertv owner(s): Dunewood Truglia Ileen Truglia Suffolk County Tax Map Parcel 1000-116-2-8 Propertv address: 300 Short Road Cutchogue,NY 11935 PropeM owner: Trina Waldron 9 Suffolk County Tax Map Parcel 1000-116-2-12 Property address: 195 Bay Road Cutchogue,NY 11935 f Property owner(s): Stephen E. Weiss Marie Weiss; F E B 2 7 2024 8 Southold Town Board of Trustees 8 of 17 [FILED : SUFFOLK COUNTY , �.M 11 16 2023 11 : 47 A, INDEX NO. 618675/2017 NY,SCEF DOC. NO. 549 RECEIVED NYSCEF: 12/'06/2023 and it is further ORDERED,ADJUDGED AND DECREED that all claims of Plaintiff and Additional Defendants to any interest in tax lot 12.2 (Exhibit A),other than as set forth in this Judgment,are declared invalid,and every person claiming under Plaintiff and Additional Defendants Joseph M. Barkwill,Patricia M. Barkwill,Russell A. Hearn, Susan Hearn,Barbara Best,Jean C.Block, Patrick Block, Serafino M.Celano,Annmarie Celano, Sydney Dufton III, Deborah Dufton, Nicole Fitzgerald, Shawn Fitzgerald,Edmund Giordano,Marguerite Giordano, Peter Godoff, Heidi S.Godoff,Douglas Hermann,Moore's Lane LLC,Barbara Hermann,Mary D.Holland, McIlvain R M&E B Irrevocable Living Trust,Gregory O'Neill,Carol O'Neill,Mary Karen Rich,William Rich III,Mark Robertson;Nancy Robertson,Zarko Svatovic, Dunewood Truglia, Trina Waldron,Stephen Weiss, Marie Weiss,Nancy Marschean, Kimberly Jobes, Barbara J. Martin,Dianne McGunnigle,Bruce Brem, Steven Brent,Paul Brem,Alice W. Groome,Melissa Whiffed,Matthew Whitted,Michael Whitted,Mitchell W. Whitted,Mary Elaine Whitted,Case Maxwell Whitted,Katherine R. Case,David T. Case and Clifford T. Case III by title accruing after the filing of the judgment roll be forever barred from asserting such claims to an estate or interest or easement,the invalidity of which has been established in this action; and it is further ORDERED,ADJUDGED AND DECREED that all instruments purporting to create any estate or interest in tax lot 12.2 (Exhibit A)that are contrary to the declarations contained in this Judgment,including but not limited to the lease given by Plaintiff to William Rich,are declared invalid;and it is fiu-ther ORDERED, ADJUDGED AND DECREED that the Settlement Agreement entered into in open court between the parties on the 18`h day of September,2023,an original transcript of which was So Ordered by the Court on September 21,2023,and is on file with this Court and is 9 D E F E B 2 7 2024 L 9 of 17 Southold Town Rnarri of Trl igtAP.B _.--L- INDEX NO. 618675/2017 FILED : SUFFOLK COUNTY ; )ERK 11 16 2023 11 : 47 Al NXSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/'06/2023 incorporated herein by reference,shall survive and shall not be merged into this Judgment, and the Plaintiff,Defendants and the Additional Defendants are hereby directed to comply with all legally enforceable terms and conditions of that So Ordered agreement as if such terms and conditions were set forth in their entirety herein;and it is further ORDERED,ADJUDGED AND DECREED that upon being furnished with a certified copy of this Judgment,and upon payment of the fees allowed by law, if any,the Clerk of the County of Suffolk is directed to record this Judgment in the land records of Suffolk County,to be indexed in the chain of title to the subject property(tax lot 12.2)as well as against the chains of title to Plaintiff and the Easement of Defendants,to wit: against the following properties: Property of: Todd E. Freed and Edith Webster Freed 12400 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-06-12.2 Property of Ernest Wickham Case 240 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-28.1 Property f: Joseph arlcwill Patricia M.Barkwill 450 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-18 Properly of: Russell A.Hearn Susan Here 535 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-20 �! LI F E B 2 7 2024 10 Southold Town Board of Trustees 10 of 17 [FILED : SUFFOLK COUNTY(('•,ERK 11 16 2023 11 : 47 INDEX N0. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/'06/2023 Pro2erty of Barbara Best Zarko Svatovic 12355 New Suffolk Avenue. Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-5 Property of; Jean C.Block Patrick Block 330 Case Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-22.3 Property of Serafino M. Celano Annemarie Celano 13305 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-22.002 Property of Sydney Dufton III Deborah Dufton 13555 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-23 Property of: Nicole Fitzgerald Shawn Fitzgerald 12555 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-13 Property of: Edmund Giordano Marguerite Giordano 200 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-16.1 - 0 F E B 2-7 2024 Southold Town I 1 Board of Trustees 11 of 17 FILED: SUFFOLK COUNTY ( , 'ERK 11 16 2023 11 : 47 Al. INDEX N0. 618675/2017 NYSCEF DOC. NO. 549 �� RECEIVED NYSCEF: 12/'06/2023 Propegy of: Peter Godoff Heidi Godoff 395 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-21 Propeqy of. Moore's Lane LLC 4955 Moores Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-3 Property of- Douglas Herrmann Barbara Herrmann 13105 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-14 Property of: Mary D.Holland 400 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-9 Property of: Mcllvain R M&E B Irrevocable Living Trust 12455 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-6 Property of: Gregory O'Neill Carol O'Neill 135 Case Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-17 Property of: Mary Karen Rich William Rich III LFE � 500 Meadow Lane V Cutchogue,NY 11935 �'/ Suffolk County Tax Map Parcel 1000-116-2-26 1 2 7 2024 12 Southold Town Board of Trustees 12 of 17 [FILED : SUFFOLK COUNTY JERK 11 16 2023 11 : 47 2 INDEX N0. 618675/2017 NySCEF ,DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Exhibit A (Tax Lot 12.2) ALL that certain plot,piece,or parcel of land situate, lying and being at Cutchogue,Town of Southold,County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the southerly side of New Suffolk Avenue marked by a monument found at the northwesterly corner of land now or formerly of Leonard P. Wessell&Amy P. Wessell: RUNNING thence'from said point of beginning South 13 deg. 01 min.40 sec. West along land now or formerly of Leonard P. Wessell&Amy P. Wessell 449.47 feet to the approximate high water mark of Great Peconic Bay; RUNNING thence along the approximate high water mark of Great Peconic Bay a tie-line course and distance of North 68 deg. 36 min. 11 sec. West 33.36 feet to a point; RUNING thence North 13 deg. 01 min.40 sec.East along other lands of the party of the first part 444.61 feet to the southerly side of New Suffolk Avenue; RUNNING thence South 76 deg. 58 min.20 sec. East along the southerly side of New Suffolk Avenue 33.00 feet to the monument found at the point or place of Beginning. CONTAINING an area of 14,752 Sq.Ft. E J U E F E B 2 7 2024 ]DO Southold Town Coa;d of Trustees 14 13 of 17 FILED: SUFFOLK COUNTY : ERK 11 16 2023 11 : 47 All INDEX NO. 618675/2017 NySCEF,DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Exhibit B (Exclusive Easement Area) ALL that certain plot,piece,or parcel of land situate,lying and being at Cutchogue,Town of Southold,County of Suffolk and State of New York,being the exclusive easement designated in this Judgment,more particularly bounded and described as follows: BEGINNING at a point on the southerly side of New Suffolk Avenue marked by a monument found at the northwesterly corner of land now or formerly of Leonard P. Wessell &Amy P. Wessell: RUNNING thence from said point of beginning South 13 deg. 01 min. 40 sec. West along land now or formerly of Leonard P. Wessell&Amy P.Wessell,387.40 feet to the southerly line of beach grass; RUNNING thence along the average southerly line of the beach grass a tie-line course and distance of North 45 deg. 27 min. 22 sec. West 11.73 feet to a point; RUNNING thence North 13 deg. 01 min.40 sec. East along the westerly side of the exclusive easement 381.26 feet to the southerly side of New Suffolk Avenue; RUNNING thence South 76 deg. 58 min. 20 sec. East along the southerly side of New Suffolk Avenue 10.00 feet to the monument found at the point or place of Beginning. CONTAINING an area of 3,843 Sq.Ft. The southerly line of the beach grass is an ambulatory line defined by the location of the average southerly line of beach grass on the beach of the Great Peconic Bay(see Macklowe v. Trustees of the Freeholders, 110 AD3d 964 [2d Dept. 20131). v� 15 D PG CE V E FEB 2 L72024 �L' 14 of 17 Southold Town L board of 1 rustees FI LED : SUFFOLK COUNTY i ERK 11 16 2 0 2 3 11 : 4 7 A INDEX NO. 618 6 7 5/2 017 NYSCEF DOC. NO. 549 `_ RECEIVED NYSCEF:• 12/'06/2023 Exhibit C (Nonexclusive Easement Area) ALL that certain plot,piece,or parcel of land situate, lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York,being the non-exclusive easement designated in this Judgment,more particularly bounded and described as follows: BEGINNING at a point on the southerly line of beach grass,said point being situate South 13 deg.01 min.40 sec. West 387.40 feet from the monument found at the intersection of the southerly side of New Suffolk Avenue and the westerly line of land now or formerly of Leonard P. Wessell&Amy P. Wessell: RUNNING thence from said point of beginning South 13 deg. 01 min. 40 sec. West along land now or formerly of Leonard P. Wessell&Amy P.Wessell 62.07 feet to the approximate high watermark of Great Peconic Bay; RUNNING thence along the approximate high water mark of Great Peconic Bay a tie-line course and distance of North 68 deg. 36 min. 11 sec. West 33.36 feet to a point; RUNNING thence North 13 deg. 01 min.40 sec. East along other lands of the party of the first part 52.94 feet to the southerly line of beach grass; RUNNING thence along the southerly line of beach grass the following three tie-line courses and distances: 1. North 89 deg. 05 min. 23 sec. East 11.06 feet; 2. North 70 deg. 45 min.42 sec.East 14.51 feet; 3. South 45 deg.27 min.22 sec. East 11.73 feet to the point or place of Beginning. CONTAINING an area of 1,995 Sq. Ft. The southerly line of the beach grass is an ambulatory line defined by the location of the average southerly line of beach grass on the beach of the Great Peconic Bay(see Macklowe v. Trustees of the Freeholders, 110 AD3d 964 f2d Dept.2013)). jD_ C 0 F E B 2 7 2024 v, Southold Town Board of Trustees 16 15 of 17 (FILED : SUFFOLK COUNTY,_ �_',ERK 11 16 2023 11 : 47 INDEX N0. 618675/2017 NXSCEF DOC. NO. 549 RECEIVED NYSCEF: 1V06/2023 Property of. Mark Robertson Nancy Robertson 435 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-11.001 Property of: Dunewood Truglia Ileen Truglia 200 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-7 Property of: Trina Waldron 300 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-8 Property of: Stephen E.Weiss Marie Weiss 195 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-12 n � < t�C IUY ENTER I ( -Its? GRANTED o . J eph Fatneti#.S.C. NOV 9 2023 VINCENT PULED Clerk of Suffolk County •A LLP ll E C E �C7( F FEB 2 7 2024 1 13 Southold Town Board of I rustees 16 of 17 FILED : SUFFOLK COUNTY; 14ERK 11 16 2023 11 : 47 A INDEX N0. 6186.75/2017 NYS.CEF DOC. NO. 549 RECEIVED NYSCW: 124:06/2023 FILED 2023 NOY 16 AN 11: 47 VINICF-aSUFFOL COUNTY CLERK • �;.tir. r;••t FEB 2 7 2024 Southold 1 wn Board of Trusfeos 17 of 17 FILED : SUFFOLK COUNTY ERK 10 04 2 23 : 49 Y_ INDEX N0. 618675/2017 NYSCEF DOC. NO. 54 23 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK : : : : : PART 37 2 ------------------------------------------X 3 ERNEST WICKHAM CASE, , aintiff, 4 E V FRFFEB s INDEX NO. 5 618675/2017 6 2 7 2024 SETTLEMENT AGREEMENT TESTIMONY OF: 7 Southold Town ERNEST W. CASE Board of Trustees TODD E. FREED 8 EDITS WEBSTER-FREED 9 TODD E. FREED, EDITH WEBSTER-FREED, NANCY B. MARSCHEAN, KIMBERLIE JOBES, 10 DIANNE MCGUNNIGLE, BRUCE BREM, STEVEN BREM, PAUL BREM, ALICE W. GROOME, ELAINE WEBER 11 WHITTED, KATHERINE R. CASE, DAVID T. CASE, CLIFFORD T. CASE III, JOSEPH M. BARKWILL, 12 PATRICIA M. BARKWILL, RUSSELL A. HEARN, SUSAN HEARN, BARBARA BEST, JEAN C. BLOCK, 13 PATRICK• BLOCK, SERAFINO M. CELANO, ANNEMARIE CELANO, SYDNEY DUFTON III, 14 DEBORAH DUFTON, NICOLE FITZGERALD, SHAWN FITZGERALD, EDMUND GIORDANO, 15 MARGUERITE GIORDANO, PETER GODOFF, HEIDI S. GODOFF, DOUGLAS HERRMANN, 16 MOORE' S LANE LLC, BARBARA HERMANN, MARY D. HOLLAND MCILVAIN R M & E B IRREVOCABLE 17 LIVING TRUST, GREGORY O'NEILL, MARY KAREN RICH, WILLIAM RICH III, MARK ROBERTSON, NANCY ROBERTSON, 18 ZARKO SVATOVIC, DUNEWOOD TRUGLIA, ILEEN TRUGLIA, TRINA WALDRON, STEPHEN WEISS, MARIE WEISS, 19 MELISSA WHITTED, MATHEW P. WHITTED, MICHAEL S. WHITTED, MITCHELL W. WHITTED, 20 MARY ELAINE WHITTED, CASE MAXWELL WHITTED, 21 Defendants. 22 ------------------------------------------X 23 September 18, 2023 Riverhead, New York 24 B E F O R E: 25 Hon. Joseph Farneti Acting Supreme Court Justice Theresa E. McZ<ibbin, RPR, Senior Court Reporter 1 of 26 FILED: SUFFOLK COUNTY 'ERK 10 04 2023 1 : 49 Al INDEX No. 618675/2017 NYSCEF DOC. NO. 54 RECEIVED MISUET 023 1 A P P E A R A N C E S: 2 LAW OFFICE OF DAVID P. FALLON, PLLC. Attorney for Plaintiff 3 53 Main Street, Suite 1 Sayville, New York 11782 4 BY: DAVID P. FALLON, ESQ. 5 ESSEKS, HEFTER, ANGEL, DITALIA & PASCA, LLP 6 Attorney for Defendants Todd E. Freed & Edith Webster-Freed j 7 108 East Main Street Riverhead, New York 11901 8 BY: ANTHONY C. PASCA, ESQ. 9 10 11 12 13 14 C E 0 U E 15 FEB 2 7 2024 16 _ Soufhold Town 17 Board of Trustees 18 19 20 21 22 23 24 25 Theresa E. MaKibbin, RPR, Senior Court Reporter 2 of 26 FILED : SUFFOLK COUNTY,' ERK 0 04 2023 11 : 49 A INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 (_;Ek : 107 3 3 PROCEEDING 1 COURT OFFICER: All rise . 2 COURT CLERK: Supreme Court, State of New 3 York, County of Suffolk, Trial Term Part 37 is now in 4 session, the Honorable Joseph Farneti, justice, 5 presiding. 6 THE COURT : Case on trial, please . 7 COURT CLERK: Index No . 618675 of 2017 , 8 Ernest Wickham Case against Todd E. Freed, Edith 9 Webster-Freed. 10 MR. FALLON : David P . Fallon, Law Offices of 11 David P . Fallon, P . C . , 53 Main Street, Sayville, New 12- Yo or the plaintiff . "3— � Good morning, your Honor . FP J7 2024 THE COURT : Good morning, Mr . Fallon . 5_ And for the defendants? South )Id Town BoTrf Trustees MR. PASCA: For the defendants Todd E . Freed 17 and Edith Webster-Freed, Esseks, Hefter, Angel, 18 DiTalia & Pasca, LLP, by Anthony Pasca and Stephen 19 Angel . 20 THE COURT : Good morning, Mr . Pasca . 21 Good morning, Mr . Angel . 22 Good morning, Mr . Fallon . 23 Good morning, everyone . 24 And for purposes of the record, it ' s my 25 understanding that both parties , are physically tem i 3 of 26 FILED: SUFFOLK COUNTY , ERK 10 04 2023 11 : 49 Al INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 23 4 PROCEEDING 1 present; is that correct? 2 MR. FALLON: That is correct . Ernest Wickham 3 Case is with me and has his hearing device so that he 4 can hear . 5 THE COURT : Mr. Case, we have the technology, i 6 obviously, to make an accomodation for anyone that 7 has any kind of a hearing impairment . Have you been 8 able to hear everything that ' s been said so far, sir? 9 MR. WICKHAM CASE: Say again? 10 THE COURT : Are you able to hear everything 11 that has been said so far in terms of the attorneys ' � ' � �= �I �1eS? D 1-3— R. WICKHAM CASE : Yes . 19E 27 2024 I HE COURT : I ' m going to ask you to pay close 1�- - atte d o to everything that we place on the record 50 ithoid Town Boar a' of TrUSt -6- - t-MP--a�. If you have any difficulty whatsoever hearing 17 anything that is said, please raise your hand, let 18 Mr. Fallon and myself know, and we ' ll go over it 19 again to make sure there ' s nothing that you are not 20 aware of as we proceed. Do you understand, sir? 21 MR . WICKHAM CASE : Yes . Thank you . 22 THE COURT : Thank you very much, sir . 23 And for purposes of the record, your clients 24 are here as well, Mr . Pasca? 25 MR. PASCA: Yes, Judge . Both of the Freeds tem 4 of 26 (FILED : SUFFOLK COUNTY 'JERK _10 04 2023 11 : 4 a-A- , INDEX No.' 618675/2017 NYSCEF DOC. NO. 51b3 n EC VE 5 PROCEEDING 1 are sitting next to me . FEB 2 7 2024 2 THE COURT : Very good. Southold Town Board of Trustees 3 Welcome . 4 I was assigned this case late last week. I 5 had an opportunity to -- I was assigned, I believe on 6 Thursday afternoon, I had an opportunity to review 7 the file Thursday late afternoon and evening . I met 8 with counsel on Friday. We had a rather lengthy 9 discussion with respect to the history not only of 10 this case, but a case that had preceded it before 11 Justice Luft . And based upon those conversations, 12 actually a very frank discussion of the facts and the 13 law, an outline was discussed with respect to the 14 resolution of the case, which I believe has now been 15 memorialized, and what I ' ve marked as Court 16 Exhibit I , which is dated September 18th of 2023 , 17 with respect to settlement terms . 18 The appearing parties are here, Ernest W. 19 Case, as are the defendants Todd E . Freed and Edith 20 Webster-Freed. 21 Also for the record, I would like to note 22 that there was another answering defendant who 23 apparently appeared in the action but did not 24 participate in this case, and I would note for the . 25 record, and I take judicial notice of a prior tem. 5 of 26 ! [FILED : SUFFOLK COUNTY,' 'JERK 10 04 2023 11 : 49 A INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 - 3 6 PROCEEDING 1 proceeding involving Mr . Zarko Svatovic, under Index 2 No . 01247 of 2014 , wherein a jury verdict was 3 reached. There was a partial setting aside of that 4 verdict by Justice Luft . A separate judicial 5 determination was made by Justice Luft with respect 6 to a partial 10-foot wide pedestrian easement . I 7 note that that was in the form of an ultimate 8 Judgment, and the Court takes judicial notice of that 9 particular Judgment . 10 It ' s also my understanding that our 11 additional categories of non-appearing parties, there 12 are alleged fractional owner additional defendants, 13 which we ' ve labeled as "Wickham Case Heirs, " and 14 there are also alleged easement-holder additional 15 defendants , which we ' ve categorized as "Easement EC E V1 Defendants . " Each of those categories are set forth J 17 under paragraphs 2a and 2b of what ' s been marked as F E B 2 7 2024 18 Court Exhibit I , and the Court incorporates that into Southold 1OW19 the record today for the purpose of addressing the Board of Trustees 20 fact that those individuals exist and what we ' re 21 doing here today impacts upon them as well . And they 22 will be bound likewise, as will be further indicated 23 on the record. 24 Mr . Pasca, under the category of Disposition 25 of Claims , would you like to place that on the record tem 6 of 26 FILED : SUFFOLK COUNTY' �'ERK 10 04 2023 11 : 49 k INDEX NO. 618675/2017 NYSCEF DOC. NO. 3 7 PROCEEDING 1 at this time? 2 MR. PASCA: I think that would be a good 3 idea, Judge . 4 THE COURT : I 'm going to ask people to pay 5 very close attention. Mr . Pasca is going to read 6 into the record a Disposition of Claims, which begins 7 on page 3 of what ' s been marked as Court Exhibit I . 8 And with respect to that, I don ' t know that footnote 9 no . 1 needs to be read . 10 Mr . Pasca, both the terms and conditions need 11 to be read. 12 I ' m ask going to ask that everyone pay t E C E1�3 E reful attention as it is read into the record. 14 We can either read the complete Agreement FEB 27 .24 0 15 into the record, or we can do it in sections . L_—S_o-u-thholld To, in Board oflt6is es Whatever is your preference, Mr . Pasca . 17 My understanding is, the parties have had an 18 opportunity to review this very writing with respect 19 to the resolution of this case . And it ' s my 20 obligation to inform them that with respect to a 21 disposition in open court, our Agreement today in 22 open court has the same legal force and effect as if 23 this Agreement was brought back to one of the 24 attorney ' s offices , you signed it, your signatures 25 were notarized and/or acknowledged, and it is a i j tem ` 7 of 26 FILED: SUFFOLK COUNTY 'ERK 10 04 2023 11 : 49 A INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 8 PROCEEDING 1 binding effect upon you, so it is extremely important 2 that you pay careful attention because this is the 3 deal . There ' s no sleeping on it tonight and coming 4 back tomorrow and saying, Judge, we didn ' t understand 5 it, we don ' t agree with this paragraph or that 6 provision, because as we is say, this is it . So 7 listen carefully. 8 Mr . Pasca, I 'm going to ask you to read 9 slowly. 10 And again I would just reiterate, that should 11 anyone have any difficulty hearing or understanding, 12 please raise your hand and we will gladly answer any 13 questions that you might have . I will then have a 14 more formal allocution of each of the parties at the 15 M end of the reading of the Agreement . n `� Whenever you ' re ready, Mr . Pasca . 2024MR. PASCA: May I remain seated? THE COURT : I would insist that you do so for d Town Trustee€h.e--purpose of using the microphone so that we can 20 all hear what ' s being said. 21 MR. PASCA: Thank you . 22 And since we have a court exhibit, if I 23 misread it, anyone can feel free to correct me . But 24 I assume the court exhibit will take precedence over 25 any misstatement that I hopefully will not make, but tem. 8 of 26 FILED : SUFFOLK COUNTY `ERK 10 04 2023 1 : 49 Al INDEX NO. 618675/2017 l NYSCEF DOC. NO. 5 — 3 9 AGREEMENT 1 just in case I do . 2 THE COURT : That ' s the reason I marked the 3 court exhibit as Court Exhibit I, with the 4 understanding that the writing will take precedent 5 over any inadvertent misspeaking o ( the, f-- rt �fV E 6 counsel . 7 MR. PASCA: Thank you . F E B =�' 7 ?024 8 THE COURT : You ' re welco e . Sou11101c 70vvn�" Bosrr� o; rL,S' ees 9 MR. PASCA: Okay. So first we have a 10 Disposition of Claims : 11 We have a general agreement to resolve claims 12 by entering Judgment in compliance with RPAPL 1521, 13 to run with the land and be binding on, and inure to 14 the benefit of successors to the parties, including 15 Easement Defendants : 16 a) Declaring validity of Freeds ' ownership 17 claims to Lot 12 . 2 . 18 b) Declaring validity of easements for 19 benefit of Easement Defendants and Plaintiff, to the 20 extent described in Section III . 21 c) Declaring invalid all other claims of 22 the parties and every person claiming under them. 23 d) Declaring invalid all instruments 24 purporting to create any estate or interest in Lot 25 12 . 2, including specifically, but without limitation, tem. 9 of 26 [FILED: SUFFOLK COUNTY-,- 'ERK 10 04 2 23 11 : 49 A)T INDEX NO. 61867'5/2017 NYSCEF DOC. NO. 5 23 10 AGREEMENT 1 the lease given by Plaintiff to William Rich. 2 e) Authorizing all parties, including 3 Easement Defendants, the right to seek relief to 4 enforce the terms of the Judgment . 5 Then we have a section about the Submission 6 of the Judgment : 7 a) Freeds ' attorneys to prepare draft 8 Judgment and cooperate with Plaintiff ' s attorney to 9 reach agreement as to form of Judgment . 10 b) Agreed-upon Judgment shall be presented 11 to Court for review, approval and entry. 12 c) Any disagreement as to form of Judgment E C E Vi - to be presented to Court for resolution . J 0 14 I d) Parties thereafter agree to cooperate FF F E 8 2 7 2024 15 with the recording of the Judgment in the land L--Southold Town records of Suffolk County, to be indexed in the chain Board of Trustl 17 of title to the subject property, as well as against 18 the chains of title to Plaintiff and the Easement 19 Defendants . 20 e) All recording fees shall be at the 21 Freeds ' expense . 22 Then we have a section about the Easement . 23 For whatever reason, Judge, the printout labeled this 24 Roman Numeral I , but it actually should have been 25 III, because we referenced above that the easement tem. 10 of 26 FILED : SUFFOLK COUNTY - YERK 1 04 2023 1 : 4 Al INDEX NO'. 618675/2017 NYSCEF DOC. NO. 5 3 • 11 AGREEMENT 1 was as described as Section III . 2 THE COURT : I think it will be clear . I ' ve 3 made certain notations with respect to the court 4 exhibit in my writing . And I think it ' s, regardless 5 of the numerical standing, I believe the content 6 remains unchanged. 7 MR. PASCA: Great . I agree . ri InI-ec, V E The Easement we have : �J 9 a . Exclusive Easement : FEI 2 7 2024 0 10 i . Easement Defendants and Plaintiff shall So ithofd Town 11 aid ofTruVeeQentitled to an exclusive easement over a 10-foot 12 wide portion of the subject property (as described 13 below) for pedestrian access (no vehicles) from New 14 Suffolk Avenue to Peconic Bay, non-exclusive -easement 15 area defined herein; 16 ii . Location of Exclusive Easement : 17 bounded northerly ( 10-feet wide) by New Suffolk 18 Avenue, easterly by Lot 13 ( land now or formerly of 19 Carruthers/Wessell) , southerly by the beach grass 20 line along Peconic Bay beach and westerly by a line 21 parallel to and 10 feet from the westerly boundary of 22 Lot 13 . Said location to be memorialized in Judgment 23 by metes and bounds description to be prepared by 24 defendants ' surveyors , but noting that southerly line 25 is ambulatory boundary as per the Macklowe case . tem 11 of 26 [FILED : SUFFOLK COUNTY ' 'ERK 10 04 2 23 1 : 4 INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 3 12 AGREEMENT 1 iii . Minor accessory structures (e . g . , kayak 2 storage, benches ) under 8-feet tall (measured from 3 grade) are allowed within exclusive easement area, 4 but outside of beach grass/dune area . If any tickets 5 are issued by Town due to said structures, the 6 Easement Defendants shall be responsible for same and 7 shall comply with any Town directives regarding the 8 structures . 9 iv. Easement Defendants and Plaintiff to 10 maintain exclusive easement area . 11 v. Freeds to have limited access for 12 reasonably necessary purposes (e . g . , surveying, 13 appraising, code compliance) but not to use for any nP11. �4- � e urpose . 5 Then, b, we have a Non-Exclusive Easement : M 27 2024 i . Plaintiff and Easement Defendants are outTove-pfltled to a non-exclusive easement over a 33-foot urd of T rustees 18 wide sandy beach portion of Lot 12 . 2 . . 19 ii . Location of Non-Exclusive Easement : 20 Bounded northerly by beach grass line, easterly by 21 Lot 13 (land now formerly of Carruthers/Wessell) , 22 southerly by mean high water of Peconic Bay, and 23 westerly by a line parallel to and 33 feet from the 24 Lot 13 westerly boundary line . Again, location to be 25 memorialized by meets and bounds description to be tem. 12 of 26 [FILED : SUFFOLK COUNTY ; JERK 0 04 2023 11 : 49 TU INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 1 3 13 AGREEMENT 1 prepared by defendants ' surveyor, noting that the 2 northerly line of beach grass and southerly mean high 3 water lines are ambulatory. 4 iii . No structures or storage of any kind 5 within non-exclusive easement area . 6 And we have, Additional Settlement Terms : 7 a) Within 30 days, Freeds will pay 8 $100, 000 to David P . Fallon, as attorney, initially 9 to be held in escrow by Plaintiff ' s attorney, to be 10 released from escrow upon entry of Judgment . 11 THE COURT : Just let me stop you there for 12 one moment . 13 The Court has before it a proposed Order with 14 respect to the application of non-party David P . 15 Fallon, as well as upon the agreement of counsel, 16 that the Judgment dated January 31st of 2023, and 17 entered on March 1st of 2023, against David P . Fallon 18 be vacated, and it ' s intended to be vacated in its 19 entirety subject to the terms and conditions of the 20 Agreement, and that the Judgment will be so marked by 21 the Suffolk County Clerk. And it is the Court ' s 22 intention to sign this Order to be held in escrow 23— u= t-rl-completion of all the obligations . D24 Is that satisfactory, Mr . Pasca? [2T E 3 7 2024 R. PASCA: Yes, sir . I tem I Southold Town -ram of Trustees 13 of 26 FILED: SUFFOLK COUNTY ERK 10 04 2023 11 : 49 Al; 4 INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 23 14 AGREEMENT 1 THE COURT : Please continue . 2 MR. PASCA: 3 b) Freeds agree to install at their expense 4 a fence and hedge delineating the 10-foot wide 5 exclusive pedestrian easement . The fence shall be a 6 chain link fence on 10-foot line, at the maximum 7 height allowed under the Town Code, with a hedge 8 immediately to the west of fence growing through and 9 over the fence . Fence and hedge shall be subject to 10 any necessary permits, to be obtained by the Freeds, 11 and code compliance. Freeds will trim and maintain 12 the top and western side of such hedge . Freeds shall 13 fill depressions and grind tree stumps to grade in 14 easement area . All work herein to be completed 15 before Memorial Day 2024 , subject to receipt of any 16 necessary Town permits . Plaintiff and Easement 17 Defendants may trim eastern side of hedge up to 919 C. If Easement Defendants so desire, �OB 27 2Ree =s will install, at Freeds ' expense, a 5-foot 2;bu held Towride gate at the entrance to the 10-foot Exclusive Boarc of Trustees . 22 Easement area, which may be pass-coded (or keyed, to d 23 be determined) to stop unauthorized use of passageway 24 by persons other than Easement Defendants and their 25 houseguests . tem 14 of 26 FILED : SUFFOLK COUNTT' 'ERK 10 04 2023 11 : 49 A INDEX' NO. 618675/2017 NYSCEF DOC. NO. 5 —_r E 3 15 AGREEMENT 1 d) Freeds agree to waive the $35, 000 2 sanction and to support the Court ' s vacatur of the 3 $10, 000 sanction payable to The Lawyers ' Fund for 4 Client Protection of the State of New York imposed 5 against him by the same Order/Judgment . Freeds 6 consent to the entry of the attached order vacating 7 the sanctions . If sanctions are not vacated by the 8 Court, Freeds would also withdraw opposition to all 9 appeals regarding sanctions and notify the Court that 10 they settled claim with Mr . Fallon and further 11 support Mr . Fallon ' s appeal to rescind the remaining 12 sanction. 13 e) The Freeds will continue to pay 14 property taxes on subject property. 15 THE COURT : Thank you, Mr . Pasca . 16 MR. PASCA: Thank you, Judge . 17 Mr . Fallon and Mr . Pasca, any objection to 18 having your respective clients sworn for the purpose �119� golf �rali ocution? 20 1J MR. FALLON : No, your Honor . f JB 2 7 2024 MR. PASCA: No, your Honor . 2_2)u hold Town THE COURT : All right . I ' m not sure what Soar( of Trustees 23 your current physical condition is, Mr . Freed (sic) , 24 if it ' s more convenient for you to raise your right 25 hand while you ' re seated, that ' s perfectly fine . I 'm tem 15 of 26 FILED: SUFFOLK COUNTY $RK 10 04 2023 11 : 49 Ah INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 23 16 EXAMINATION - CASE - THE COURT 1 going to ask that you give your attention to my clerk 2 for the purpose of being sworn at this time so that I 3 may pose certain questions to you concerning this 4 resolution of the case . 5 COURT CLERK: Please raise your right hand, 6 E R N E S T W I C K H A M C A S E, 7 having been first called, was duly sworn and 8 testified under oath as follows : 9 COURT CLERK: Please state your name for the 10 record, and your address, please . 11 THE WITNESS : Ernest Wickham Case, 240 Meadow 12 Lane, Cutchogue, New York. I _ 13 EXAMINATION BY 14 BY THE COURT : _04 -uthald_1bwn__j 15 Q Good morning, Mr . Case . 2�fl j, sees rustees 16 A Good morning . 17 Q It ' s a pleasure to meet you, sir . 18 A Thank you very much . 19 Q I 'm very happy we ' ve been able to resolve this 20 case today. I have an obligation, with respect to an 21 allocution in open court, to pose certain questions to. 22 the parties to assure myself that they fully understood 23 the terms and conditions as placed on the record, and as 24 contained in the physical writing as Court Exhibit I . 25 Did you hear the stipulation placed on the record tem. 16 of 26 (FILED : SUFFOLK COUNTY , `ERK 10 04 2023 11 : 49 TU INDEX NO.' 618675/2017 NYSCEF DOC. NO. 51b E 3 17 EXAMINATION - CASE - THE COURT 1 by Mr . Pasca? 2 A Yes . 3 Q Do you have any questions, either for Mr . Fallon 4 or for the Court, with respect to any of the terms and, 5 conditions of that stipulation? 6 A No . 7 Q Do you understand, sir, this is a final and 8 binding Agreement upon you, and it resolves all of the 9 issues in controversy concerning the current lawsuit 10 which is' pending before this Court? Do you understand 11 that, sir? E � WE 12 A Amen. FEB 2 7 2024 13 Q And I second that amen, sir . Southold Town 14 You also understand, sir, th t a JiQrr °h �lst�P 15 selected. That jury originally was directed to appear 16 here this morning at 9 : 30 a .m. for the purpose of a jury 17 trial, but on the joint request of your counsel and 18 counsel for the defendants I had indicated to those 19 jurors I would not require them in court until 9 : 30 20 tomorrow . The point of me discussing it with you at this 21 point in time is that both your counsel, as well as the 22 defendants, were prepared to go forward with the trial, 23 and this Court was prepared to hear this case at trial, 24 if necessary. Do you have any questions with respect to 25 anything we ' ve done here today? -tem. 17 of 26 FILED: SUFFOLK COUNTY .RK 10 4 2023 1 : 49 Al INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 18 EXAMINATION - CASE - THE COURT 1 A No . 2 Q Please do not be offended by my following 3 questions; I am required to ask. 4 A Okay. 5 Q Have you consumed any alcoholic beverage, 6 prescription drug, or any other substance in the past 7 24 hours which would impair your ability to understand 8 what we ' re doing here today? 9 A No . 10 Q Has the accommodation for the hearing device been 11 sufficient for you to fully understand everything that 12 has been said here today? 13 A Yes . 14 Q Do you have any questions for your attorney? 15 A No . 16 Q Have you been satisfied with the representation 17 that you ' ve received from Mr . Fallon in the prosecution ( 18 of this action? E ``-� E nn 19 A Yes . F E 8 2 7 2024 L.i 20 Q Thank you, sir . { 21 THE COURT : Mr . Fallon,_anyt'h_ n_goAels,e�eyou ' d 22 like me to cover? 23 MR. FALLON : No . That ' s fine, your Honor . 24 THE COURT : Thank you . 25 Mr . Pasca, any objection to your clients tem 18 of 26 FILED: SUFFOLK COUNTY; `IERK 10/04 F2023 11 : 49 A INDEX N0. 618675/2017 NYSCEF DOC. NO. 516 RECEIVED NYSeEfe t@/�64/28 3 19 EXAMINATION - CASE - THE COURT 1 being sworn? Ems. 2 MR . PASCA: No . 3 THE COURT : Can we have the Freeds sworn, 4 please? 5 COURT CLERK: Raise your right hand, please . 6 Both, your Honor? 7 THE COURT : That ' s fine . 8 T 0 D D E . F R E E D, having been first 9 called, was duly sworn and testified under oath 10 as follows : ((� 11 E—D I T H W E B S T E R - F R E E D, MFD�, v having been first called, was duly sworn and IL V� 2024 testified under oath as follows : B 14 COURT CLERK: If you can state your names for Southolc Town Boaro�Z l "usteesthe—record, and address . 16 MS . WEBSTER-FREED: Edith Webster-Freed. Oh, 17 address is 1200 Fifth Avenue, Apartment 9A, New York, 18 New York 10029 . 19 THE COURT : Your full name and address , sir . 20 MR. FREED : Todd Eugene Freed, 1200 Fifth 21 Avenue, Apartment 9A, New York, New York 10029 . 22 THE COURT : You may be seated. Although 23 somewhat unusual , I ' d like you to be seated so that 24 you both can use the microphones so that Mr . Freed 25 can also hear -- I 'm sorry -- Mr . Case can also hear tem. 19 of 26 FILED : SUFFOLK COUNTY ' 'ERK 10 04 2023 11 : 49 A- INDEX NO. 618675/2017 NYSCEF DOC. NO. 5tb NYSeEF. 3 20 EXAMINATION - WEBSTER-FREED - THE COURT 1 what we ' re placing on the record in terms of your 2 answers to these questions . I ' ll take my lead from 3 the Freeds , and I ' ll start with Mrs . Freed, Edith 9 Webster-Freed .. C[FDn) E 1J 5 EXAMINATION BY FEB 2 7 2024 6 THE COURT : Southold Town 7 Q Ma ' am, did you hear the sti ultiaori;iplta ed on the 8 record this morning by your attorney, Anthony Pasca? 9 A Yes, your Honor . 10 Q Do you have any questions for Mr . Pasca, 11 Mr . Angel, or for the Court with respect to any of those 12 terms and conditions? 13 A No, sir . 14 Q Do you understand that this Agreement is final 15 and binding upon you, in that it concludes the matter 16 with respect to all the issues and controversies that 17 were to be tried in this case, do you understand that? 18 A Yes , your Honor . 19 Q All right . Do you have any questions for either 20 Mr . Pasca, Mr . Angel, or for the Court concerning 21 anything regarding this settlement? 22 A No, I don ' t . 23 Q Please do not be offended by the following 24 question: V 25 Have you consumed any alcoholic beverage, tem. 20 of 26 FILED: SUFFOLK COUNTY-1 ,ERK 10 04 2023 11 : 49 Al INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 21 EXAMINATION - FREED - THE COURT 1 prescription drug, or any other substance in the past 24 2 hours which would impair your ability to understand what 3 we ' ve done here today and the significance of what you ' re 4 doing? 5 A No, your Honor . 6 Q Have you been satisfied with the legal 7 representation received from Mr. Pasca and Mr . Angel and 8 their firm with respect to this action? 9 A Very much so . D LFF E 10 Q Thank you . !,� 2 7 2024 � 11 EXAMINATION BY 12 THE COURT : Southold Town Board of Trustees 13 Q Mr . Freed, did you hear the stipulation placed on 14 the record by Mr . Pasca today? 15 A Yes, your Honor . 16 Q You had an opportunity, sir, to review the 17 writing which memorialized this Agreement ; is that 18 accurate? 19 A Correct, your Honor . 20 Q Do you have any questions for either Mr . Pasca, 21 Mr . Angel , or for the Court concerning any of the terms 22 and/or conditions of this Agreement? 23 A No questions, your Honor . 24 Q Do you understand, sir, that this is a final and 25 binding Agreement and concludes, in finality, all the tem. 21 of 26 Ank FILED: SUFFOLK COUNTY 3WRK 10 04 2023 1 : 49 INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 23 22 EXAMINATION - FREED - THE COURT 1 issues and controversy presented to this Court with 2 respect to this litigation and as indicated in the 3 Agreement, do you understand that, sir? 4 A Yes, I do, your Honor . 5 Q Please, again, do not be offended by these 6 questions ; I am required to pose them. 7 Have you consumed any alcoholic beverage, 8 prescription drug, or any other substance in the past 9 24 hours which would impair your ability to understand ] 10 the significance of this Agreement and fur Ilreeme�nt +�� I ' 11 today? FEB 2 7 2024 12 A No, I have not, your Honor . CloutholdTown 13 Q Have you been satisfied with the repr(e_si�nmtTattsiG n 14 received from Mr . Pasca, as well as Mr . Angel and their 15 firm, with respect to this action? 16 A Yes, I am -- yes, I have, your Honor . 17 Q Thank you so much . 18 THE COURT : Just off the record for one 19 moment . 20 (Whereupon, a discussion was held off the 21 record. ) 22 (Back on the record as follows : ) 23 THE COURT : The only other issue remaining, 24 there is, as I indicated earlier, there are 25 references in this Agreement to a prior Judgment tem 22 of 26 (FILED : SUFFOLK COUNTY . 8RK 10 04 2023 11 : 49 Al INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 23 PROCEEDING 1 concerning certain sanctions ordered by, I believe it 2 was Justice Modelewski , with respect to this action . 3 I have indicated -- it ' s been indicated by counsel to 4 the Court that they wish to give immediate effect to 5 this Agreement, with respect to the vacating of those 6 Judgments and any other actions which need to be 7 taken with respect thereto . 8 It ' s my further understanding that there are 9 certain appeals that are currently pending with 10 respect to that, and it ' s my understanding that the 11 Lawyers Fund for Client Protection has at least 12 indicated their intention not to pursue that award 13 once the Judgment is vacated . 14— Do I understand it correctly, Mr . Fallon? L C. FE 15 MR. FALLON : That is correct, your Honor . FE$6 2 7 2024 THE COURT : Mr . Pasca, any objection? 17 — MR. PASCA: No objection . South( Id Town Board c Trustees 1-8— THE COURT : Without objection, the Court will 19 sign that Order today, give it immediate force and 20 effect so those objectives may be achieved. 21 Anything else for the record at this time, 22 Mr . Fallon? 23 MR. FALLON : I just want to thank you for all 24 your hard work, Judge . It ' s a very difficult case . 25 And I don ' t -- I think Mr . Pasca and Mr . Angel and I tem 23 of 26 FILED : SUFFOLK COUNTY, ,ERK 0 4 2023 1 : 49 A. INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 24 PROCEEDING 1 agree, without your help it wouldn ' t have gotten 2 done . 3 THE COURT : Well, that ' s what we do here, Mr . 4 Fallon . I appreciate the assistance -- 5 MR. FALLON : Not everybody does that, your 6 Honor. 7 THE COURT : Well, I appreciate it . I ' m not 8 one who likes bouquets, but I ' ll take it for what 9 it ' s worth . Thank you . 10 Mr . Pasca, anything else for the record? 11 MR. PASCA: May we have the transcript 12 so-ordered? We ' ll order it, we ' ll pay it, and the 13 court reporter will provide it to the Court to be 14 so-ordered . 15 THE COURT : I will direct that the 16 transcript, in fact, be so-ordered so that it is 17 enforceable not only as an Agreement, but immediately 18 as an Order of the Court with whatever enforcement 19 remedies there may be in that regard. �20 V Anything else, Mr . Pasca? I fi D LFE 2024 MR. FALLON: No, Judge . Thank you very much . MR. PASCA: No, Judge . Southc d Town Boa23o, Trustees THE COURT : Mr . Angel, it ' s always a pleasure 24 to see you . 25 MR. ANGEL : It ' s been a long time . And it ' s tem 24 of 26 FILED: SUFFOLK COUNTY ERK 10 04 2023 11 : 49 Ad INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 25 PROCEEDING 1 a pleasure here, too, appearing here . 2 THE COURT : So am I to understand that the 3 reports of your retirement have been greatly 4 exaggerated? 5 MR. ANGEL : Well, they' re less exaggerated 6 after today ' s result, your Honor . 7 THE COURT : Congratulations, sir . 8 Congratulations . 9 That concludes our matter . 10 I ' d like to thank both Mr . Case, as well .as 11 Mr . and Ms . Freed, with respect to the resolution of 12 this case . It ' s always best to be the masters of our 13 own destiny. It was a very difficult and contentious 14 case . It ' s been pending, in one form or another, for 15 many years , and I ' m very, very happy that we ' ve been 16 able to resolve it . 17 Good luck to you . ��18� V And good luck to you as well . DI Ei Thank you so much . 2024 The Court is recessed to chambers . 'j JlTown (Continued on next page to accommodate rustees 22 transcript and certification page . ) 23 (No testimony/colloquy has been omitted. ) 24 25 tem. 25 of 26 [FILED : SUFFOLK COUNTY , ERK 10 04 2023 11 : 49 k i INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 26 CERTIFICATION 1 MR. PASCA: Thank you, your Honor . 2 MR. FALLON : Thank you, your Honor . 3 (Whereupon the matter was concluded. ) 4 5 6 SO ORDERED: 7 8 ____________ a-�_ a 3 9 J PH FARNETI ACTING SUPREME COURT JUSTICE DATE 10 11 12 �../ 13 C E R T I F I C A T I O N 14 15 I , THERESA E . MCKIBBIN, an Official Court Reporter of the State of New York, County of Suffolk, do 16 hereby certify that the above and foregoing is a true and accurate transcription of my stenographic notes taken in 17 the above-entitled action on this day; 18 Furthermore, photocopies made of this transcript by any party cannot be certified by me to be true and 19 accurate . 20 Therefore, only those copies bearing an original signature in blue ink are official certified copies . 21 '::' C 22 _ AHEESA E . MCKIB IN, RPR I� 2 O FICIAL COURT REPORTER _ �2� V L2 5 F E B 2 7 2024 1 -- 1,7 ,4.1, tem ' ^�Trusts es 26 of 26 t 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management February 26, 2024 Photo Sheet Edith Webster-Freed and Todd Freed FEB 2 7 2024 12400 New Suffolk Ave Cutchogue, NY 11935 SUM Nos.: 1000-116.00-06.00-012.001 and 1000-116.00-06.00-012.002 All photos were taken on February 7, 2024 IF'�: , � 4 f s t. www.ColeEnvironmentaIServices.com ��,CES. 425 Montauk Highway East Quogue, NY 11942 Environmental Consulling (631) 369-9445 Wetland Project Management F E B 2 7 2024 L. i i y - f / F www.ColeEnvironmentalServices.com 425 Montauk Highway East Quogue, NY .. , . Wetland Project Management • 425 Montauk Highway East Quogue, DIY 11942 Environmental Consuldrig (631)369-9445 Wetland Project Management �t. 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Box 160 Peconic; NY 11958 APR 1 5 2= 631-734-7923 soutno►a Town creativeenvdesign@yahoo.co Board of Trustees April 15, 2024 Southold Town Trustees Re Webster Freed Property 12400 New Suffolk Ave. New Suffolk,NY SCTM# 1000-116-06-12.1/12.2 Revised proposed site plan showing the removal of(1) locust Tree and having(1)white oak tree planted somewhere on Property. Elevation showing no disturbance or grade change within the 10'wide ROW . Any other issues,please contact David Cichanowicz,pres. Creative Environmental Design, at 631445-4875. Cantrell, Elizabeth I From: Kate Rummel <kate@coleenvirorlmentalservices.com> Sent: Thursday,April 1.1, 2024 1:59 PM To: Cantrell, Elizabeth Subject: RE: Ownership of Lot 12.2 - Freed - 12400 New Suffolk Ave I Hi Elizabeth, Can you please send back the original check to the address below my signature?Thank you very much! Also,thank you so much for confirming you received the$250 check!' Kindly reply all. Kate Rummel Principal �Q>7 Cole Environmental Services, Inc. 425 Montauk.Highway East Quogue, NY 11942 �I 631-369-9445 r CES Website 1 From:Cantrell, Elizabeth<elizabethc@town.southold.ny.us> Sent:Wednesday,April 10, 2024 9:40 AM To: Kate Rummel<kate@co lee nvironmentalservices.com> Subject: RE: Ownership of Lot 12.2 - Freed -12400 New Suffolk Ave Good Morning, Regarding the original check written out by the Freeds, what would you like me to do with it, shred it,send it back? Let me know when you can. I received the$250 check in yesterday afternoon's mail. ECiza6eth Cantreff Administrative Assistant Town of Southold Board of Trustees Phone: (631)765-1892 Fax: (631)765-6641 TODD E FREED z—o o-852 6000 EDITH WEBSTER FREED From: Kate Rummel <ki 1200 5TH AVE APT.#9A — NEW YORK,NY 10 ate Sent: Monday,April 8, : To: Cantrell, Elizabeth < ' . Pay to the ordera_ f Subject: RE: Ownership rs Hi Elizabeth, Citibank Citi Private Bank CITIBANK,N.A. That is great news! Thy � will arrive by tomorrow Memo Thank you again! 1 I I I _ Cantrell, Elizabeth i From: Cantrell, Elizabeth Sent: Monday,April 8, 2024 2:18 PM To: 'Kate Rummel' Subject: RE: Ownership of Lot 12.2 - Freed - 12400 New Suffolk Ave Kate, At this time the application has been added to April's agenda. Please be advised that the check for the application fee needs to be exchanged for an administrative permit fee of$250.00, and please let the Freed's attorney know he has the wrong SCTM#in the letter that was dropped off. ECiza6eth Cantreff Administrative Assistant Town of Southold Board of Trustees Phone: (631)765-1892 Fax: (631)765-6641 From: Kate Rummel<kate@coleenvironmentalservices.com> Sent: Monday-,April 8, 202412:31 PM To:Cantrell, Elizabeth<elizabethc@town.southold.ny.us> Subject: RE:Ownership of Lot 12.2-Freed- 12400 New Suffolk Ave Hi Elizabeth, Attached is a copy of a letter from the Freeds' attorney. An original copy was dropped off at Town Hall Annex during the lockdown Q!)and slipped under the door to someone with instructions to give it to you. Please let me know if you are in receipt of it. I hope everything is OK! Kindly reply all. Kate Rummel Principal Cole Environmental Services, Inc. 425 Montauk Highway East Quogue, NY 11942 631-369-9445 CES Website From: Kate Rummel Sent: Friday,April 5, 2024 6:34 PM To:'Cantrell, Elizabeth'<elizabethc@town.southold.nv.us> Subject: RE: Ownership of Lot 12.2- Freed- 12400 New Suffolk Ave Hi Elizabeth, Great! Thank you very much! I appreciate all you have done to help resolve this. 1 'j i And thank you for the clarification regarding the tax roll. That is good to know for the future. I hope you have a wonderful weekend! Kindly reply all. Kate Rummel Principal Cole Environmental Services, Inc. 425 Montauk Highway East Quogue, NY 11942 631-369-9445 CES Website From:Cantrell, Elizabeth<elizabethc@town.southold.nv.us> Sent: Friday,April 5, 2024 4:44 PM To: Kate Rummel<kate@coleenvironmentalservices.com> Subject: RE: Ownership.of Lot 12.2-Freed-12400 New Suffolk Ave Kate, Regarding your email and what is already in the file and what was faxed to me today,our Legal Counsel is requesting a letter for the file from the Freed's Attorney,Stephen Angel stating that the Freed's have exclusive possession and.rights to submit an application requesting for specific work to be done in all areas of the property(SCTM#1000-116-6-12.2), as described in the application. If our office can receive this letter Monday,the application can move forward. According to the Assessor's office,the attached tax roll only can only show two names. The program the various offices use depict a total three property owners. The various pages of information sent to this office, if any of it is to go to the Town Assessor's Office,they have not yet received it in order to update their records. ECzza6eth Cantreff Administrative Assistant Town of Southold Board of Trustees Phone: (631)765-1892 Fax: (631)765-6641 From: Kate Rummel<kate@coleenvironmentalservices.com> Sent: Friday,April'S, 2024 3:44 PM To:Cantrell, Elizabeth<elizabethc@town.southold.nv.us> Subject: RE:Ownership of Lot 12.2-Freed-12400 New Suffolk Ave Hi Elizabeth, As per the Freeds' attorney,Stephen Angel;and the recorded Court judgement, lot 12.2 is solely owned by the Freeds. Since it is solely owned by the Freeds, no additional permission is needed to visit the site. The attorney is trying to touch base with Lori to resolve the discrepancy,which appears to be on Southold's end. We respectfully request that the application remained scheduled for Wednesday,April 17,while this matter is being resolved. 2 Would you kindly, ask Lori to reach out to Stephen directly? His contact info his below. � f Thank you again for all your help! I hope you have a wonderful weekend! Stephen R.Angel Esseks, Hefter,Angel, Di Talia & Pasca, LLP Email:sangel@ehalaw.com Office: 631.369.1700 Cell: 631.252.1473 Kindly reply all. Kate Rummel Principal Cole Environmental Services, Inc. 425 Montauk Highway East Quogue, NY 11942 631-369-9445 CES Website From: Kate Rummel Sent: Friday,April 5,20241:24 PM To: 'Cantrell, Elizabeth'<elizabethc@town.southold.nv.us> Subject: RE:Ownership of Lot 12.2- Freed- 12400 New Suffolk Ave Hi Elizabeth, I sincerely apologize for following up as I know you are very busy this week. The clients are very anxious to have this matter resolved ASAP. The 2023 Assessor Roll and the recorded judgment note the Freeds as the sole owners. We're trying to find where the discrepancy lies,so we can sort this out. I believe the attorney for the Freeds,Stephen Angel, reached out to you via email. Stephen can be reached at 631-369- 1700(office)or 631-252-1473 (cell). Please let me know if it would be easier for Stephen to touch base with Lori to discuss. Thank you again for all your help! Kindly reply all. Kate Rummel Principal Cole Environmental Services, Inc. 425 Montauk Highway East Quogue, NY 11942 631-369-9445 CES Website From: Kate Rummel Sent:Thursday,April 4, 202411:34 AM To:Cantrell, Elizabeth<elizabethc@town.southold.nv.us> Subject: RE: Ownership of Lot 12.2 - Freed -12400 New Suffolk Ave 3 Hi Elizabeth, The 2023 Assessor Roll shows the Freeds as the owners of lot 12.2. Would you mind sharing what shows this person's name so we can resolve this discrepancy? Thank you for your help! Kindly reply all. Kate Rummel Principal Cole Environmental Services, Inc. 425 Montauk Highway East Quogue, NY 11942 631-369-9445 CES Website From:Cantrell, Elizabeth<elizabethc@town.southold.ny.us> Sent:Thursday,April 4, 202410:16 AM To: Kate Rummel<kate@coleenvironmentalservices.com> Subject: RE:Ownership of Lot 12.2-Freed-12400 New Suffolk Ave I have that. The tax rolls have this person's name on it. This is the rule all members must sign forms. ECiza6eth Cantrell Administrative Assistant Town of Southold Board of Trustees Phone: (631)765-1892 Fax: (631)765-6641 i From: Kate Rummel<kate@coleenvironmentalservices.com> Sent:Thursday,April 4, 202410:14 AM To:Cantrell, Elizabeth<elizabethc@town.southold.nv.us> Cc:Chris Cole<chris@coleenvironmentalservices.com>; Cole Environmental Services <info@coleenvironmentalservices.com> Subject: Ownership of Lot 12.2- Freed- 12400 New Suffolk Ave Hi Elizabeth, I touched base with the Freeds for additional clarity. As per the Court judgement,the Freeds "are declared to be the sole owners, in fee simple absolute,of tax lot 12.2". Below is a section of the Court judgment with this language highlighted. Attached is the full recorded judgment. Please let me know if you need anything additional. Thank you! 4 j FILED: SUFFOLK. COUNTY CLERK 11 16 2023 11:47 INDEX NO. 618675/2017 NYSCEF POC,. NOI 549 RECEIVED NYSCEF: 12/06/2023 s a A settlement having been placed on the record in open court on September 18,2023,the transcript of which having been"So Ordered"by the Court and filed on October 4,2023, ,i NOW,upon joint motion of Esseks,Hefter,Angel,Di Talia&Pasca,LLP and David P. Fallon,it is i ORDERED,ADJUDGED AND DECREED,that the complaint and claims therein and .1 the answer with counterclaims and cross-claims therein,and any amendments thereto,are hereby granted only to the extent that the rights and obligations of the parties are set forth in the following decretal paragraphs of this Judgment,and said claims,counterclaims,and cross-claims i# { are otherwise dismissed;and it is further 'ORDERED,ADJUDGED AND DECREED,that Defendants Todd E.Freed and Edith Webster-Freed are declared to be the sole owners,in fee simple absolute,of tax lot-12.2,which is more particularly described upon Exhibit A annexed hereto;and it is further $ ORDERED,ADJUDGED AND DECREED that Pliuntiff,Ernest Wickham Case,and certain of the Additional Defendants as defined hereinafter as"Easement Defendants,"are declared to be benefitted by certain easement rights over tax lot 12.2,appurtenant to their �l respective parcels as hereinafter defined,only to the following extent: 1) an exclusive easement over a ten-foot wide area of tax lot 12.2(Exhibit A),which o exclusive easement area is more particularly described upon Exhibit B annexed hereto(the i "exclusive easement area"),for pedestrian access(no vehicles)from New Suffolk Avenue to the ;i Peconic Bay and for minor accessory structures(e.g.,kayak storage,benches)under eight(8) feet tall(measured from grade),but only outside of the beach grass/dune area,said exclusive easement area to be maintained by the Easement Defendants,who will also be responsible to +1 4, comply with Town of Southold directives regarding structures thereon;Defendants Todd E. I 4 a t of 17 Kindly reply all. Kate Rummel Principal Cole Environmental Services, Inc. 5 425 Montauk Highway East Quogue, NY!11942 631-369-9445 CES Website ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 6 i OFFICE LOCATION: O��rjF SU(/l�Ol MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) ,r Southold,NY 11971 �pQ Telephone: 631 765-1938 olyCon% LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: April 15, 2024 Re: LWRP Coastal Consistency Review for TODD FREED & EDITH WEBSTER-FREED SCTM# 1000-116-6-12.1 & 1000-116-6-12.2 Cole Environmental Services on behalf of TODD FREED & EDITH WEBSTER-FREED requests an Administrative Permit to add approximately 200 cubic yards of fill to a height of 18"-24"from existing ground level; plant 63 green giant arborvitaes along the length of the property; install a 6' high chain link fence along the east side of the arborvitaes; and to remove two existing locust trees. Located: 12400 New Suffolk Avenue and Right of Way off New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-12.1 & 1000-116-6-12.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with LWRP Policy 4 and, therefore, CONSISTENT with the LWRP provided that the following is considered: 1. The area marked"Native Plantings" on the map. Will that area be planted or left in a natural state? All vegetation should be left in a natural state. 2. The"Line of Disturbance" shown on the plan seems to be too far south. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Honorable Lori Hulse, Attorney ` 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management April 8, 2024 Attn: Elizabeth Cantrell D E C E Q V E Board of Trustees Town of Southold FA - 9 2024 54375 Main Road PO Box 1179 Southold Town Southold, NY 11971 Board of Trustees Re:Administrative Application Fee Edith Webster-Freed and Todd Freed 12400 New Suffolk Ave Cutchogue, NY 11935 SCTM Nos.: 1000-116.00-06.00-012.001 and 1000-116.00-06.00-012.002 Dear Elizabeth, Enclosed is a check(#637)for the Administrative Wetland Application Fee of$250.00. Sincerely, Kate Rummel Principal Cole Environmental Services, Inc. Kate@ColeEnvironmentaIServices.com www.ColeEnvironmentaiServices.com I\ ESSEKS, HEFTER, ANGEL, DI TALIA & PASCA, LLP COUNSELORS AT LAW `¢ '> MAIN'OFFICE.MAIL&SERVICE 108 EAST MAIN STREET P.O. BOX 279 PARFNERS 1i1vERH EAD,NY 11901-0279 CARMELA M DI TALIA r' ANTHONY C.PAscA April 8, 2024 SouTHAmP'ION OFFICE 30 MAIN STREET AMANDA STAR EIGIZER USA D.'IYnuvN SOUIHAMP'ION, NY 11968 KIM A.SMITfi EAs"1'HAMP'IC}N OFFICE SENIOR COUNSEL Elizabeth Cantrell 15 RAILRoAD AVF_, SMITE 1 STEPHEN R.ANGEL Board of Trustees, Town of Southold EAST FiA1vt1'TON. NY 11937 MARCIA Z.Hrrrrm Town Hall Annex 1b'6VW.EHALAMCOM COUNSEL (631) 369-1700 CHRISTINE PERRUCCI 54375 Route 25 FAx(631) 369-2065 SMITH Southold, New York 11971 (NOT FOR SERVICE) ELIZABETH L BALDWIN PATRICIA M CARROLL Assocmm RE: Freed Application for Trustee Permit LAUREN K PETERSEN 12400 New Suffolk Avenue MEGAN E.CASE EMILY C FANTI OF COUNSEL Dear Ms. Cantrell and Trustees: JAMES SPIESS MCNULTY-SPIESS, P.0 We represent Todd and Edith Freed. This letter is in response to your WILLIAM W. EsSEKS request for a confirmation from us that the Freeds have the right to (1934-2022) submit an application to the Trustees for work to be done within their property at SCTM#1000-226-6-12.2 (Lot 12.2). As you may be aware, the Freeds were declared the sole owners of Lot 12.2 by a Suffolk County Supreme Court Judgment dated November 9, 2023 (a recorded copy of which was submitted to your office in connection with aforementioned permit application). Pursuant to that judgment, it is our opinion that the Freeds have the exclusive right to maintain the property, and submit an application with respect to that property, excluding the 10-foot pedestrian easement area (which is to be maintained by the easement holders). Moreover, we note that the Freeds are under a Court-ordered settlement agreement to install the hedge and fence to delineate the 10-foot pedestrian easement area. The settlement agreement specifies that this work be done by Memorial Day 2024, subject to obtaining requisite permits. Very y ours, ® E C E � WE /Al ony C. Pasca APR - 8 2024 Southold Town Board of Trustees Glenn Goldsmith,President Town Hall Annex A.Nicholas Krupski,Vice President ' '' 54375 Route 25 +. '' ` ' P.O.Box 1179 Eric Sepenoski at B, Southold,New York 11971 Liz Gillooly cam' —T-ele phone-(•6.31)�H5189 Elizabeth Peeples Aix ii. . �Fa (6 7 5- 1 III * llJr BOARD OF TOWN TRUSTEES F E B 2 7 2024 TOWN OF SOUTHOLD Solithold Town This Section For Office Use Only Board of Trustees Coastal Erosion Permit Application Wetland Permit Application Administrative Permit Amendment/Transfer/Exten ion _Received Application: z a-y Received Fee: $ CPS b __Completed Application: Incomplete: SEQRA Classification: Type I Type II Unlisted Negative Dec, Positive Dec. Lead Agency Determination Date: _ Coordination:(date sent): 1�:LWRP Consistency Assessment Form Sent: y 5 CAC Referral Sent: _Date of Inspection: Q�o�`� __Receipt of CAC Report.— _Technical Review: _ ki_Public Hearing Held: _1775 4 Resolution: Owner(s) Legal Name of Property (as shown on Deed): EDITH WEBSTER-F REED AND TODD FREED Mailing Address: 12400 NEW SUFFOLK AVE, CUTCHOGUE, NY 11935 Phone Number: 917.502.0356 Suffolk County Tax Map Number: 1000- 116.00-06.00-012.001 AND 1000-116.00-06.00-012.002 Property Location: 12400 NEW SUFFOLK AVE,CUTCHOGUE, NY 11935 (If necessary,provide LILCO Pole#, distance to cross streets, and location) AGENT(If applicable): COLE ENVIRONMENTAL SERVICES Mailing Address: 425 MONTAUK HIGHWAY, EAST QUOGUE, NY 11942 Phone Number: 631.369.9445 _ _ Email:INFO@COLEENVIRONMENTALSERVICES.COM iHoard of Trustees Application GENERAL DATA Land Area(in square feet): 65,262 Area Zoning:.R40 ' RESIDENTIAL FOR 1000-116.00-06.00-012.001,AND RESIDENTIAL PLUS PRIVATE BEACH ACCESS FOR Previous use of property: .1Qoo_116.00--:o.6.0fL-Q17 nu RESIDENTIAL FOR 1000-116.00-06.00-012.001,AND RESIDENTIAL AND PRIVATE BEACH ACCESS OVER PORTION OF Intended use of property: 1000=1116.00- 6_00-012.002 AS REQUIRE�BY COURT ORDER Covenants and Restrictions on property? Yes _ _No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes 17No If"Yes",be advised this application will be reviewed by the Building Dept.prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? 11—Yes _Z_No If"Yes",please provide copy of decision. is project re any demolition as per Town Code or as determined by the Building Dept.? 'Iff—Yes MNo Does the structure(s) on property have a valid Certificate of Occupancy? Yes F No Prior permits/approvals for site improvements: Agency Date TRUSTEES 10.01.18 TRUSTEES 02.15.17 DEC 03.27.17 0 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? W1 No j:]---Yes If yes, provide explanation: J PLEASE SEE ATTACHED PROJECT DESCRIPTION. Project Description(use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: TO INSTALL A PRIVACY HEDGE AND ENCLOSE RESIDENTIAL PROPERTY Area of wetlands on lot: 0 square feet Percent coverage of lot: +/"16 +/-100'FOR POOL +/-87'FOR PATIO Closest distance between nearest existing structure and upland edge of wetlands: _feet Closest distance between nearest proposed structure and upland edge of wetlands: +/- 165 feet Does the project involve excavation or filling? ❑ No Yes If yes,how much material will be excavated? NSA cubic yards How much material will be filled? +/"260 cubic yards Depth of which material will be removed or deposited: 2 feet Proposed slope throughout the area of operations: 4.4% Manner in which material will be removed or deposited: TYPICAL CONSTRUCTION EQUIPMENT 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): THERE SHOULD BE NO EFFECT ON TIDAL WATERS. THE LIMIT OF FILL IS 56' FROM THE LANDWARD EDGE OF THE BEACH. A LARGE VEGETATED BUFFER ALREADY EXISTS BETWEEN THE PROPOSED WORK AND THE LANDWARD EDGE OF THE BEACH,WHICH SERVES TO FILTER RUNOFF. 4 425 Montauk Highway East Cluogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management February 26, 2024 Re: Project Description Trustees Wetland Application Edith Webster-Freed and Todd Freed 12400 New Suffolk Ave Cutchogue, NY 11935 Proposed addition of approximately 260 cubic yards of fill to a height of 18"-24". 63 green giant arborvitaes to be installed along length of property. 6' high chain link fence to be installed behind arborvitaes in the backyard. Two existing locust trees to be removed. Please note that the addition of the fill and installation of the trees and fence extend outside the jurisdiction of the trustees as shown on the plans. The proposed 24'x 14' brick patio on grade is outside Trustees jurisdiction as well. This project is being undertaken pursuant to a Court Order(Suffolk County Supreme Court,index #617675/2017). After 10 years of litigation,the Freeds settled the dispute with their neighbors overthe ownership and permitted use of the Freeds'side yard. Judge Joseph Farneti rendered a Judgment in the case and entered the settlement agreement into the record, meaning the judgment and settlement agreement have the force of law. The Judgment and settlement are summarized below: 1. The Freeds are the sole owners in fee simple absolute of the entire parcel at 12400 New Suffolk Avenue, including the 33'side yard,and all other claims are forever dismissed as invalid. Lot 12.1 and 12.2 will again be one tax lot,owned fully by the Freeds. 1. The Freeds have granted certain neighbors(and such neighbors only, not the general public)a 10-foot-wide easement across the easternmost edge of their property,running along the existing board fence,for pedestrian access(no vehicles)from New Suffolk Avenue to the Peconic Bay, up until the beach grass/dune area. This 10'exclusive easement can be used only by the designated neighbors, provided that the Freeds can enter the 10'easement area for surveying,appraising,code compliance). The Freeds have granted,such neighbors(and such neighbors only, not the general public) a non-exclusive easement(meaning the Freeds may also use that area)on the 33'easternmost strip of sandy beach area of the Freed property. 1. The Settlement Agreement,which also carries the force of law,states that: "Freeds agree to install at their expense a fence and hedge delineating the 10-foot wide exclusive pedestrian easement. The fence shall be a chain link fence on the 10-foot line,at the maximum height allowed under the Town Code,with a hedge immediately to the west of the fence growing through and over the fence. Fence and hedge shall be subject to any necessary permits,to be obtained by the Freeds,and code compliance. Freeds will trim and maintain the top and western side of such hedge. Freeds shall fill depressions and grind tree stumps to grade in www.ColeEnvironmentalServices.com 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management easement area. All work herein to be completed before Memorial Day 2024,subject to receipt of any Town permits." The Freeds are eager to finally complete the grading of their yard contemplated in their original landscaping and building permit applications. Both the Freeds and the neighbor group are eager to put this matter behind them and have the landscaping and fencing work done so both can enjoy a measure of peace and privacy. Receiving timely issuance of permits is critical to complete the necessary work. Copies of both the Judgement and the Settlement Agreement are included as part of this application. www.ColeEnvironmentalServices.com 61 Z20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project]Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part l based on information currently available, if additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by,or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: FREED SIDE YARD COMPLETION Project Location(describe,and attach a location map): 12400 NEW SUFFOLK AVE, CUTCHOGUE, NY 11935 Brief Description of Proposed Action: PLEASE SEE ATTACHED PROJECT DESCRIPTION. Name of Applicant or Sponsor: Telephone: 631.369.9445 COLE ENVIRONMENTAL SERVICES E-Mail: INFO@COLEENVIRONMENTALSERVICES.COM Address: 425 MONTAUK HIGHWAY City/PO: State: Zip Code: EAST QUOGUE NY 11942 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that �✓ ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: NYSDEC ✓� 3.a.Total acreage of the site of the proposed action? 2 acres b.Total acreage to be physically disturbed? 0.17 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.4982 acres 4. Che I land us at occur on,adjoining anflilar the propasad action. Urban Rural(non-agriculture) Industrial Commercial Residential(suburban) Forest ❑Agriculture Aquatic [—]Other(specify): 0 Parkland Page 1 of 4 1.4982 1• 12 1.4982 1.4982 5. Is the proposed action, NO _ YES N/A a. A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? __ � _E_ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: PECONIC BAY AND EVIRONS El 'W1 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? �✓ 9.Dd s the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: F� Z 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A / ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A Z] ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? V/ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. ntify the typice Llqbitat types that occ n,or are likely to be found on troject site. Check all that apply: f,�-p Shoreline Forest Agricultural/grasslands Early mid-successional Wetland Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats_, listed NO YES by the State or Federal government as threatened or endangered? 16.is the project site located in the 100 year flood plain? NO YES 17 17.Will the proposed action create storm water discharge,either from point or non-point sources? PNO If Yes, a.Will storm water discharges flow to adjacent properties? ZNO OYES Z El b.Will storm water discharges be directed to established conveyance systems ff an m drains)? If Yes,briefly describe: NO ES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: Z ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponso me KAT MEL,AGENT,COLE ENVIRONMENTAL SERVICEbate: 02.26.24 Signature:_S; Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the,following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of Critical Environmental Area(CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or El existing infrastructure for mass transit,biking or walkway? El 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. W ill the proposed action impact existing: ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? El El 8. Will the proposed action impair the character or quality of important historic,archaeological, El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 i No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? El a 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. EJCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. EJCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 1425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management February 26,2024 Re: Project Description Trustees Wetland Application Edith Webster-Freed and Todd Freed 12400 New Suffolk Ave Cutchogue, NY 11935 Proposed addition of approximately 260 cubic yards of fill to a height of 18"-24". 63 green giant arborvitaes to be installed along length of property. 6' high chain link fence to be installed behind arborvitaes in the backyard. Two existing locust trees to be removed. Please note that the addition of the fill and installation of the trees and fence extend outside the jurisdiction of the trustees as shown on the plans. The proposed 24'x 14' brick patio on grade is outside Trustees jurisdiction as well. This project is being undertaken pursuant to a Court Order(Suffolk County Supreme Court, index #617675/2017). After 10 years of litigation,the Freeds settled the dispute with their neighbors over the ownership and permitted use of the Freeds'side yard. Judge Joseph Farneti rendered a Judgment in the case and entered the settlement agreement into the record, meaning the judgment and settlement agreement have the force of law. The Judgment and settlement are summarized below: 1. The Freeds are the sole owners in fee simple absolute of the entire parcel at 12400 New Suffolk Avenue, including the 33'side yard,and all other claims are forever dismissed as invalid. Lot 12.1 and 12.2 will again be one tax lot, owned fully by the Freeds. 1. The Freeds have granted certain neighbors(and such neighbors only, not the general public)a 10-foot-wide easement across the easternmost edge of their property,running along the existing board fence,for pedestrian access(no vehicles)from New Suffolk Avenue to the Peconic Bay, up until the beach grass/dune area. This 10'exclusive easement can be used only by the designated neighbors, provided that the Freeds can enter the 10'easement area for surveying,appraising,code compliance). The Freeds have granted such neighbors(and such neighbors only, not the general public)a non-exclusive easement(meaning the Freeds may also use that area)on the 33'easternmost strip of sandy beach area of the Freed property. 1. The Settlement Agreement,which also carries the force of law,states that: "Freeds agree to install at their expense a fence and hedge delineating the 10-foot wide exclusive pedestrian easement. The fence shall be a chain link fence on the 10-foot line,at the maximum height allowed under the Town Code,with a hedge immediately to the west of the fence growing through and over the fence. Fence and hedge shall be subject to any necessary permits,to be obtained by the Freeds,and code compliance. Freeds will trim and maintain the top and western side of such hedge. Freeds shall fill depressions and grind tree stumps to grade in www.ColeEnvironmentalServices.com h _ i 425 Montauk Highway - East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management easement area. All work herein to be completed before Memorial Day 2024,subject to receipt of any Town permits." The Freeds are eager to finally complete the grading of their yard contemplated in their original landscaping and building permit applications. Both the Freeds and the neighbor group are eager to put this matter behind them and have the landscaping and fencing work done so both can enjoy a measure of peace and privacy. Receiving timely issuance of permits is critical to complete the necessary work. Copies of both the Judgement and the Settlement Agreement are included as part of this application. www.ColeEnvironmentalServices.com yard of Trustees Applicat9� AFFIDAVIT *EING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES,INCLUDING THE CONSERVATION ADVISORY COUNCIL, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. Signature of Property Owner Signature of Property OWner SWORN TO BEFORE ME THIS .�, i+\\ DAY OF. �-�J Uy �'`�V1 _ ;20 001 - i Notary Public MARK SULLIVAN "S1!4-ry Public-State of New York N0.01SU4929696 Qualified in New York County commission Expires May 31,2028 and of Trustees Appli.cat., AUTHORIZATION (Where the applicant is not the owner) O CF00 116.00-06.00-012.001 owners of the property identified as SCTM# 1000- _ 116.00-06.00-012.0102 in the town of CUTCHOGUE ,New York, hereby authorizes COLE ENVIRONMENTAL SERVICES to act as my agent and handle all necessary work involved with the application process for permit(s) from the Southold Town Board of Trustees for this property. Property Owner's Signature roperty Owner's Signatur SWORN TO BEFORE ME THIS �` �h DAY OF _ I L�V V h' ,.20_ Notary Public MARK SULLIVAN Notary Public-State of New York No.01SU4929696 oualifled In New York County Commission Expires May 31,2026 APPLICANUAGENUREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM. TheTown of Southold'.Code of Ethics prohibits•conflicts of interest on'the part of fowl=officers and'einolovees:The urpose of this form is to'provide in orinafi n which can alert the town`of poss�6le'conflicts oPmtemst and allow itto.take•whatever.actioni is necessary to avoid same. YOUR NAME: 1 "1 't/ "1 / /��/LI (Last name,first name,ipiddle initial,unless you are applying'in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other'',name the activity.) Do you personally,.(or through your'company,spouse,sibling,.parent;or-,child)havad relationship with'anyofficcr or employee of the-Town,of Southold? "Relationship"includes by blood,tmrriagc;.or business•interest_`Business interest";means a business, including apartnership,in which the towitto'fficer•or,cmployee las.even-ap4rti6l owners_hip;o€(or employment.by)-a.corporation` in which the town officer or.employee-owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold V V Title or position of that person - bescribe the relationship-between yourself(the applicunttagent/representative)and the town officer or employee.Either check the appropriate.line A)throtf&D)and/or describe in the.space provided. The town officer or employee or his or her spouse,sibling;parent,or child is(check allthat apply): A)ttie owner of greater.than 5'%of the:shares of the.corporate stock of the applicant JA (when:the applicant is'a corpora tio. N B)the legal or'benbficial owner,ofany.interest in'anon_-corporate entity(when the applicant_is:not,a corporation); C)ainofficer,director;,j ei;or'employeeof the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP I Submitted his 23 day of b_M& 20 2-1 Signature _ Print Nat�r Form TS 1 4 APPLICANT/AGENT/FtEPRESENTATIVT i TRANSACTIONAL DISCLOSURE FORM I� The'Town of Southold'c Code of Ethies prohibits conflicts of interest on the part of town-officers and employees The-purpose,of this form is to sLrovide information which can alert the town of possible conilicts of interest and allow it to take whatever aclio-r is i nee o avoid same. YOUR NAME: l A R O I ! (Last name,first name, fiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance BildinTrusting X Variance Change of Zone Coastal Erosion Approval of plat _ Mooring i Exemption from plat or official map Planning Other (If"Other'',name the activity.) Do you personally,(or through your'company,spouse,sibling,parent,or child)have a relationship,wiih any officti or employee w of the Ton ofSouthold? "Relationship"includes by blood,tnarriadci or busitess Werest.'"Business interest"means a business, including at partnership,in which the town officer or employee has even a'padial ownership of.(or employmetit by)a corporation in which the town off iccr or,employee'owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe thesclationship'between yourself(the applicnnt/agent/repossentative)and the town officer or employee.Either check the appropriate line A)through D)pndlor describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A),ilie owner'of greuter.than 50%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or'.benditcial owner of any interest in a non-corporate entity(when the applicant is notla corporation); C)an officer,director,partner or,employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t 's G1 d y DES" 20�1 Signature Print Nam O- �Q��m r n E L Form TS 1 1 �\ I Town of Southold LWRP CONSISTENCY ASSESSMENT'FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si ng_ificant beneficial and adverse effects upon the coastal area(which includes all,of Southold Town). 1 If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTNW _ 116.00-012.001 AND 1000-116.00-06.00-012.002 PROJECT NAME FREED SIDE YARD COMPLETION The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑✓ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital ❑ construction,planning activity,agency regulation, land transaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: ❑✓ Nature and extent of action: PLEASE SEE ATTACHED PROJECT DESCRIPTION Location of action: 12401)NEW SUFFOLK AVE, CUTCHOGUE, NY 11935 Site acreage: 1.4982 Present land use:RESIDENTIAL FOR 1000-116.00-06.130-012.001,AND PRIVATE BEACH ACCESS OVER Present zoning classification: R40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: COLE ENVIRONMENTAL SERVICES ON BEHALF OF EDITH WEBSTER-FREE AND TODD FREED (b) Mailing address: 425 MONTAUK HIGHWAY, EAST QUOGUE, NY 11942 (c) Telephone number: 631.369.9445 Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑✓ No❑ If yes, which state or federal agency? DEC C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LVW Section III—Policies; Page 2 for evaluation criteria. a Yes No Not Applicable THE PROPOSED PROJECT FOSTERS A PATTERN OF DEVELOPMENT THAT ENHANCES COMMUNITY CHARACTER. THE PROPOSED WORK MAINTAINS PRIVATE COMMUNITY ACCESS TO THE WATER AND ENHANCES A STABLE RESIDENTIAL AREA. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 0 Yes ❑ No 7 Not Applicable NO EXCAVATION IS PROPOSED. THE HISTORIC CHARACTER,NOR ANY HISTORIC RESOURCES,SHOULD BE IMP-CT "BY-T-E PROPOSED ACTIVITY. - ----_. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria n Not A livable T14ROPOYes PRONoJECT OFFERS OME SCREENING OF THE UPLAND FROM THE WATER AND,THEREFORE, Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑✓ Not Applicable Attach additional sheets if necessary - — -� Policy 5. Protect and improve water quality and supply in the Town of.Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ❑✓ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No W1 Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑No 0 Not Applicable 'Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye❑ No❑✓ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III.-Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ✓❑ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No❑✓ Not Applicable ` Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. 0 Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No❑✓ Not Applicable KATE RUMMEL, PREPARED BY COLE ENVIRONMENTAL SERVICES TITLE AGENT DATE 02.26.24 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management February 26, 2024 Re: Project Description Trustees Wetland Application Edith Webster-Freed and Todd Freed 12400 New Suffolk Ave Cutchogue, NY 11935 Proposed addition of approximately 260 cubic yards of fill to a height of 18"-24". 63 green giant arborvitaes to be installed along length of property. 6' high chain link fence to be installed behind arborvitaes in the backyard. Two existing locust trees to be removed. Please note that the addition of the fill and installation of the trees and fence extend outside the jurisdiction of the trustees as shown on the plans. The proposed 24'x 14' brick patio on grade is outside Trustees jurisdiction as well. This project is being undertaken pursuant to a Court Order(Suffolk County Supreme Court, index #617675/2017). After 10 years of litigation,the Freeds settled the dispute with their neighbors overthe ownership and permitted use of the Freeds'side yard. Judge Joseph Farneti rendered a Judgment in the case and entered the settlement agreement into the record, meaning the judgment and settlement agreement have the force of law. The Judgment and settlement are summarized below: 1. The Freeds are the sole owners in fee simple absolute of the entire parcel at 12400 New Suffolk Avenue, including the 33' side yard,and all other claims are forever dismissed as invalid. Lot 12.1 and 12.2 will again be one tax lot,owned fully by the Freeds. 1. The Freeds have granted certain neighbors(and such neighbors only, not the general public)a 10-foot-wide easement across the easternmost edge of their property,running along the existing board fence,for pedestrian access(no vehicles)from New Suffolk Avenue to the Peconic Bay, up until the beach grass/dune area. This 10'exclusive easement can be used only by the designated neighbors, provided that the Freeds can enter the 10'easement area for surveying,appraising,code compliance). The Freeds have granted such neighbors(and such neighbors only, not the general public)a non-exclusive easement(meaning the Freeds may also use that area)on the 33'easternmost strip of sandy beach area of the Freed property. 1. The Settlement Agreement,which also carries the force of law,states that: "Freeds agree to install at their expense a fence and hedge delineating the 10-foot wide exclusive pedestrian easement. The fence shall be a chain link fence on the 10-foot line,at the maximum height allowed under the Town Code,with a hedge immediately to the west of the fence growing through and over the fence. Fence and hedge shall be subject to any necessary permits,to be obtained by the Freeds,and code compliance. Freeds will trim and maintain the top and western side of such hedge. Freeds shall fill depressions and grind tree stumps to grade in www.ColeEnvironmentalServices.com i 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 , Wetland Project Management easement area. All work herein to be completed before Memorial Day 2024,subject to receipt of any Town permits." The Freeds are eager to finally complete the grading of their yard contemplated in their original landscaping and building permit applications. Both the Freeds and the neighbor group are eager to put this matter behind them and have the landscaping and fencing work done so both can enjoy a measure of peace and privacy. Receiving timely issuance of permits is critical to complete the necessary work. Copies of both the Judgement and the Settlement Agreement are included as part of this application. www.Co[eEnvironmentalServices.com 4 \ { UIC 425 Montauk Highway East Quogue,NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management February 26,2024 2 Attn: Elizabeth Cantrell [FFF V E Board of Trustees Town of Southold 277 224 54375 Main Road PO Box 1179 Southold Town Southold, NY 11971 Board of Trustees Re:Trustees Wetlands Application Edith Webster-Freed and Todd Freed 12400 New Suffolk Ave Cutchogue, NY 11935 SCTM Nos.: 1000-116.00-06.00-012.001 and 1000-116.00-06.00-012.002 Dear Elizabeth, - Enclosed is a Trustees Wetland application on behalf of Edith Webster-Freed and Todd Freed. This project is being undertaken pursuant to a Court Order(Suffolk County Supreme Court, index#617675/2017). Copies of the Judgement and Settlement Agreement have been included as part of this application. Please find the following items enclosed: 1. Application fee made payable to Town of Southold for$1,250.00 (check#6000) 2. One (1) original and three (3)copies of the Authorization Form 3. One (1) original and three (3)copies of Affidavit 4. One (1) original and three (3)copies of the property owners'Transaction Disclosure Form 5. One (1) original and three (3)copies of our Transactional Disclosure Form 6. Four(4)copies of the application with project description attached 7. Four(4)copies of the SEAF with project description attached 8. Four(4)copies of the LWRP with project description attached 9. One (1) copy of the Judgement of Ernest Wickham Case v.Todd E. Freed et al. 10. One (1) copy of the Settlement Agreement of Ernest Wickham Case v.Todd E. Freed et al. 11. Four(4)copies of the survey by Young and Young, last updated 09.25.23 www.ColeEnvironmentalServices.com ti 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management 12. Four(4)copies of photographs of the site 13. Four(4)copies of the plans by David Cichanowicz at Creative Environmental Design, last updated 02 .24 Sincerely, V I OFU Kate Rummel Principal Cole Environmental Services, Inc. I www.ColeEnvironmentalServices.com