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Home My WebLink AboutBryan Margaret03/!8/99 18:23 ~212 909 6835 DEBEVOISE NY ~001 DEBEVOISE & PLIMPTON 675 THIRD AVENUE NEW YORK, NY 10022 (212) 909-6000 FOR ASSISTANCE OR CONFIRMATION (212) 909-6407 TELECOPY NUMBER 99/~,,? (212) 909-6836 18 6; 17 TELECOPY TRANSMISSION TO: Town of Southold ATTENTION OF: Edward Forester TELECOPY NO.: (516) 785-1823 TELEPHONE NO.: (616) 765-1802 DATE: March 18, 1999 FROM: Barry R. Bryan TEL #: 212-909-6508 TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: THIS MESSAGE I$ INTENDED-ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT 18 PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. If the reader of thia mee~age ia not the intended redplent or an employee or agent reeponoibla fer delivering the meeeege to the Intended rer,,lplent, you m hereby notified thst any dlmminatlon, distribution, or copying of this communication Is 8tH,~tJy prohlbifed, if you hive received thia =ommunlcation In error, pleeee no,fy us Immediately by telephone and return the original mea~ge to u~ by mall. Thank you. 20T53101.1 03)18/99 18:23 9212 909 6836 DEBEVOISE NY ~002 ISABELLA BEACH ROAD P.O. BOX 197 FISHERS ISLAND, NEW YORK 0~390 March 18,1999 Mr. Edward Forester Director of Code Enforcement Town of Southold Southold, New York 11971 Coastal Erosion Hazard Area Violation Dear Mr. Forester: I am writing to follow up our telephone conversation this morning. In March 1998, when my wife Margaret E. Bryan had her Fishers Island lot surveyed for a permit to build a guest house on the lot, she discovered that her neighbors the Eliot H. Porters had built a wooden deck and boardwalk encroaching on her lot on the very edge o£the bluffoverlooking Block Island Sound. I enclose a copy of a portion of that survey (marked Exhibit A), showing the deck and boardwalk, the bluff line and the two Southold lot numbers. On April 6, 1998 Mrs. Bryan wrote the Porters requesting them to remove this encroachment and obvious violation of environmental and zoning In July 1998 the Southold Town Trustees visited the lot and asked to see the deck and boardwalk. They asked Mrs. Bryan whether she had a permit to build the deck. She answered no, that she did not even know it was on her land until the survey was done. They observe~! that it is in violation of environmental regulations and that she is responsible for it, since it is on her land. The deck is a wooden structure with concrete sonatube pilings set into the face of the bluff. The boardwalk is also a wooden smictare with railroad ties set into the hillsid~, We have been advised by the Southold Building Department that no permi~ was ever issued for the deck or boardwalk. The Porters claimed initially that the deck was built Coy IVh-. Porter's son) in 1988, but they have provided us with surveys (also enclosed, marked Exhibit B), that are dated as late as 1994 and show that only a small "original 20732871.1 03/18/99 18:24 '~212 909 6836 DEBEVOISE NY ~003 Mr. Edward Forester 2 March 18, 1999 deck" was in existence at that time; so the present ~nlarged deck and boardwalk were built later. Presumably, the "original deck" was also built in violation of the zoning code and prior environmental regulations. On September It, 199g the Southold Town Trustees requested Sarah Porter Mullen (Eliot Porter's daughter, who now owns the Porter lot) to apply for a permit and remove the deck and boardwalk within 60 days. Ms. Mullan has ignored this request and failed to respond. Plcaso lct me know if you nced any further information in order to issue a citation for this violation. Mrs. Bryan has a largo file of correspondence with the Porters and their lawyer on tiffs issue that is certain to contain any additional data that may be nccdcd. Sincerely yours, Enclosures 20732871.1 03/18(99 18:25 8212 909 6836 I)EBEVO I SE NY [~004 t 005 Print 5769SS1 V4R2M0 980228 Town Hall, 53095 Main Road D i sl~q.a~f~ D~'i ce Sg.I~, Ne.w ~ork. 1 lC.)71. Page 1 03/19/99 11:59:19 Fax(516) 765-1823 Telephone(516) 765-1802 NYSRPS ASSESSMENT INQUIRY DATE : 3/19/99 473889 SOUTHOLD SCHOOL FISHERS ISLAND S ROLL SEC TAXABLE 10.-6-12.3 'r~'~o~'r.Ho~[~ TOTAL COM SITE OFF EAST END RD ACCT NO 06 = OWNER & MAILING INFO ===!=MISC ! .............. ASSESSMENT DATA ........... MULLEN SARAH PORTER & ORS iRS-SS ! **CURRENT** RES PERCENT PO BOX 164 ! 1 !LAND 2,400 **TAXABLE** STONINGTON CT 06378 ! BANK !TOTAL 13,700 COUNTY 13,700 **PRIOR** TOWN 13,700 ! !LAND 2,400 SCHOOL 13,700 ! !TOTAL 13,700 ==DIMENSIONS ===! ....... SALES INFORMATION .................................. ACRES 2.18 !BOOK 11689 SALE DATE 07/29/94 SALE PRICE 1 !PAGE 967 PR OWNER MULLEN SARAH PORTER ....... TOTAL EXEMPTIONS 0 ............. !== TOTAL SPECIAL DISTRICTS 3 ..... CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE !FD027 !FF080 !FG081 Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-017 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU S~£PU~S I.. Hx~l, 1II Mr. Albert I. Krupski, Jr. Board of Town Trustees Southold Town Hall P. O. Box 1179 Southold, NY 11971 MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y, I1968 November 3, 1998 Re: SCTM No. 1000-10-6-12.4 DearMr. K zups~: I represent Sarah Porter (formerly known as Sarah P. Mullen) who is a co-owner of the referenced premises located on Fishers Island. Ms. Porter has forwarded to me a copy of your letter to her of September 8, 1998 in which you requested that she remove certain structures appurtenant to her property that are over the deed boundary line between her property and that of Margaret E. Bryan. My client is most willing to comply with whatever Town laws apply to this situation. However, your letter refers to Chapter 97 of the Town Code, the Wetlands Ordinance of the Town of Southold. Based upon my review of existing surveys of the subject property and conversations with those who have visited the site, it does not appear that the structures are located within seventy-five feet of the landward edge of a tidal or freshwater wetland. Regulation of those structures under Chapter 97 thus appears to be out of your jurisdiction. Please advise me in further detail how the Wetlands Ordinance applies to this matter. If the subject structures are somehow in violation cfa law which your Board administers, I will certainly advise my client to take whatever action is necessaD', including applying for any relevant permits, to bring them into compliance. However, I hope you will appreciate that, before I can recommend that she take any such action, I must be able to explain to her the basis of your authority. Very truly yours, Stephen L. Ham, III SLH:pr cc: Ms. Sarah Porter Albert J. Krupski, Presi,te.t James King, Vice-F~'esid~.nl }Iem'y Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 TOWN 01,' ~¢~( }UTI lC. La September 8, 1998 Sarah p. Mullen P.O. Box 164 Stonington Ct. 06378 Re: SCTM #10-6-12.4 Dear Ms. Mullen, The Southold Town Board o.:: ...... ~ e~iewed the survey of Margaret E. Bryan and w~:~ ~;::,,.:.,;..% Ly the owner of this property that there is an existing wcode:l walk with a wood deck attached that appears to be on M,~s. 'n:~J=n'~ property. We respectfully request that you remove these structures within 60 days. You must submit a Wet ~q~'l Application to do this work as it states in the Wet]c~nd ('~,~,~ ~,;~,3er chapter 97 of the Town Code. If you have any question,~, ~.c,a~,c.: feql fcee to call our office at 765-1892. ~ Sincerely, Albert J. Krupski, Jr. President, Board of Trt,~' AJK/djh cc. Bldg. Dept. M. Bryan Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 27, 1998 Glenn E. Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 RE: MARGARET E. BRYAN SCTM #10-6-12.4 Dear Mr. Just, The Southold Town Board of Trustees reviewed the survey dated and received in our office on August 5, 1998 and determined that your proposal to construct a single family dwelling, sanitary system, driveway & regrading of building envelope, to be out of the Trustee Wetland jurisdiction under Chapter 97 of the Town Code. However, any activity within 75' of the Wetland line requires a permit from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krupskt, Jr. ~' President, Board of Trustees aJK/dj h cc. Bldg. Dept. July 17, 1998 Mr. Albert J. Krupski Board of Town Trustees Town of Southold 53095 Hain Road, P.O. Box 1179 Southold, N.Y. 11971-1179 RE: Property of Margaret E. Bryan Private Road, Fishers Island S.C.T.M.No. 1000-010-006-12.4 Dear Mr. Krupskl: At the present time, we are seeking to obtain a '-I~tt~r of Non-Jurisdiction- !for this project. The project consists of the construction of a single family dwelling, sanitary system, driveway and regrading of building envelope as per enclosed survey prepared by Chandler, Palmer & King last dated 6/30/98. All proposed construction activity shall be located landward of the topographical crest of the existing bluff. As always, should you have any comments or questions regarding this project, please feel free to contact our office at any time. GEJ:arh Most sincerely, Phone (516) 653-0607 · Fax (516) 653-3348 121 Jessup Ave · 2nd Floo,~ · I?O. Box 447 Quogue, New Yot-k I 1959-0447 BLOCK 4.2 -- LOT (SINGLE FAMILY RVSIDENCE MUNICIPAL WATER ON SITI:' SEPTIC) PROPOSED WATER ./ BENCH I~ta, RK TOP OF SPIKE Et.E'V.-.4.4'.82 N / / / / / /~, / / / / / / $= 2398.68 W= 178&24 0 N/F ELIOT ~ PORTER BLOCK -- LOT WOOD WALK \ / / / / / / I / / / I I / / / / / / / / / / / / / / / ///l// / / / / LINE N/F BARRY R. BRYAN BLOCK 42 -- LOT 20 10 0 20 GRAPHIC SCALE IN FEET REVISIONS DATE DESCRIPTION DATE: MARCH 50, 1998 SCALE: 1" = 20' SHEET 1 OF 1 41-7 LOCATION MAP 1. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "NIN". 2. SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, DISTRICT 1000, SECTION 010, BLOCK 006, LOT 12.4. 3..T(~TAL AREA: 2.26+ ACRES. SURVEY MAP PREPARED FOR MARGARET E. BRYAN BLOCK FISHERS IS~ND, NEW YORK APR 2 - 1999