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HomeMy WebLinkAboutKwasneski, Leo t i t GARY FLAN N ER OLS EN COUNSELLOR AT LAW P. O. BOX 38 MAIN ROAD MATTITUCK, LONG ISLAND, NEW YORK 11952 • PHONE 516 298-4844 November 8, 1976 Re:/Leo Kwasneski-Sleepy Hollow Wetlands Ordinance Gentlemen: Please be advised that I represent Leo Kwasneski in re the Sleepy Hollow Subdivision. Mr. Kwasneski has delivered to my office the Order to Remedy Violation issued by the Building Inspector, dated October 27, 1976. I hereby request additional time to discuss this matter with Mr. Kwasneski, and have so indicated to Howard Terry, the Building Inspector. Mr. Terry suggested that I write to the Town Board to forestall any further action being taken by the Town until I have had an opportunity to completly review this matter with my client. I hereby request an additional two weeks. Thank you for your expected .cooperation with regard to this matter. Very ru y ur s GAR FLA ER OLSEN GFOJmrc Southold Town Board c/o Southold Town Clerk Main Road Southold, New York 11971 cc: Building Department yOrEERK JUDITH T.TERRY - TELEPHONE TowN CLERK of 765-3783 REGISTRAR OF VITAL STATISTICS , Southold, L. , N. Y. 11971 February 11, 1977 Gary Flanner Olsen, Esq. P. 0. Box 38, Main Road Mattituck, New York 11952 Dear Mr. Olsen: The following resolution was adopted at a regular meeting held by the Southold Town Board on February 8, 1977: "Moved by Councilman Rich, seconded by Justice Demarest, WHEREAS Leo Kwasneski applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of --the Town of Southold, application dated November 12, 1976, and WHEREAS the said application was referred to the Southold Town Trustees and the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS a public hearing was held by the Town Board with respect to said application on the 11th day of January 1977, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that the applica- tion of Leo Kwasneski be and the same hereby is DENIED and it is further RESOLVED that the applicant be and he hereby is directed to remove any and all fill heretofore placed on said wetlands, said removal to be accomplished in the manner directed by the Building Inspector of the Town of Southold and such operation to be under the supervision of the Building Inspector. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest, Justice Doyen. This resolution was declared duly adopted. " .r r Page 2 - Gary Flanner Olsen I have transmitted a copy of the foregoing resolution to the Building Department, Town of Southold, for their information. Very truly yours, Judith T. Terry Town Clerk I ` I GARY FLAN N ER OLS EN COUNSELLOR AT LAW P O. BOX 38 MAIN ROAD MATTITUCK, LONG ISLAND, NEW YORK 11952 PHONE 516 298-4844 February 7, 1977 I I Re: Sleepy Hollow Subdivision File # 1232 Gentlemen: As I indicated in my presentation at the Wetlands Hearing held on January 11, 1977 in re the above captioned matter, my client would be willing to pull back the turnaround of Sleepy Hollow Lane so that it would not be constructed in an area considered wetlands. Accordingly, in light of the above, our application to fill wetlands is not necessary. In order to avoid the necessity of having to re-submit a separate application to remove fill from that area of the filed map considered to be•wetlands, we will permit the application to stand, with the understanding that it will be denied and that you will issue a permit to remove the fill under the supervision of the Building Department. Thank you for your-consideration of this matter. Very truly urs, I i GARY OLS GFO/mrc Southold Town DAard �g Bca. c/o Southold Town Clerk Main Road Southold, New York 11971 cc: Leo Kwasneski T ` . D S Y 1 Southold, N.Y. 11971 JOHN WICKHAM, Chairman TELEPHONE FRANK S. COYLE January 25, 1977 765-1313 HENRY E. RAYNOR, Jr. FREDERICK E. CORDON JAMES-WALL Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: The following action was taken by the Southold Town Planning Board at a regular meeting held January 24, 1977, RESOLVED to recommend a drawing back of the turnaroun on Sleepy Hollow Lane in the subdivision entitled "Sleepy Hollow at Southold" as requested by the developer in order to comply with the Southold Town Wetland Ordinance. Yours truly, Muriel Brus , Secretary Southold Town Planning Board ke GARY FLA N E OLS EN COUNSE OR T LAW ROADSLAND, NEW YORK 11952 PHONE 516 298-4844 MAT7ITUCK, LONG I P. O. BOX 38 MA 1977January 6, -'Re- Leo Kwasneski - Sleepy Hollow Subdivision File # 1232 Gentlemen: rewith please find a proposed revision to the turn arounDes- a Enclosed he e in re the above captioned subdivision. area of Sleepy Hollow Lan which has been filed with the pite the fact that this is an approved map, lite the completion of Suffolk County Clerk's Officelin an effort to expe Hollow Lane, my client has indicated a made after consulting lingness to constru Sleepy Ho he revision was the turn around as revised. Department of Environ- with a representative of the N�eW York State e tal Conservation and has been discussed ith not bemembe rs of the m n constructed planning Board. Since the new turn aro Please indl- as originally approved, no wetlands WO ul sed rebe vision affected. so that the cate your approval in writing of the prop - er 's Office, necessary papers can be filed with the Suffolk County; amending the map. Very true Yours,. r' .� R, , rANN OLSEN GFO/clr Enc. Southold Town Board56 Supervisor Albert Martocchia, Sup 431 7th Street Greenport, New York 119`14 cc: Southold Town Planning Board Main Road Southold, New York 11971 cc: Southold Town Superintendent of Highways Peconic Lane Peconic, New York 11958 I WETLAND APPLICATION #27 - LEO KWASNESKI JANUARY 11, 1977 A public hearing was held on the Wetland Application of Leo Kwasneski. Present were: Supervisor Albert M. Martocchia Councilman James F. Homan Councilman James H. Rich, Jr. Justice Martin Suter Supervisor Martocchia called the hearing to order at 3:30 p.m. Gary Olsen, Esq. , and Robert Tasker, Esq. , Town Attorney, had a private conference for approximately ten minutes. The hearing was opened at 3:40 p.m. with Councilman Homan reading the Notice of Hearing. NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Southold at the Office of the Supervisor, 16 South Street, Greenport, New York, on January 11, 1977 at 3:30 p.m. in the matter of the application of Leo Kwasneski for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to construct a turnaround at Sleepy Hollow Lane in the subdivision known as "Sleepy Hollow" at Southold, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. DATED: December 7, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK Councilman Homan: I have proof of publication that this was published in the Long Island Traveler-Mattituck Watchman signed by Sherley Katz. I have proof that this was published in the Suffolk Weekly Times signed by Stuart Dorman. I have an affidavit that this was posted in the Town Clerk' s Office. I have a letter from the Trustees of the Town of Southold and, ,-in brief, it says that this matter does not come under our jurisdiction but we feel that a wetlands should not be filled for a turnaround on a road. I have from the Conservation Council a disapproval with the following comments. "Fill should be removed. Turn area could be revised from the approved map and relocated approximately 80 foot west to a portion of lot number 14. " Signed by Frank Ku�a-awski, Jr. I believe that' s all the papers I have on it. Supervisor: You have heard the legal notice read, that it was properly advertised in the local papers, the official paper plus one other; the position of the Southold Town Trustees where they feel it is not in their jurisdiction, however, they indicated how they feel about which they don't want to see it happen that way; and the other one is from the Conservation Council where they disapprove with some comments. At this point, anyone that would like to speak for the applicant. Leo Kwasneski 027 January 11, 1877 Gary Olsen, Esq. : My name is, Gary Olsen. I am the attorney for. ' the applicant, Leo Kwasneski, of Southold. As you are aware, Mr. Kwasneski is the owner of a subdivision located in Southold known as "Sleepy Hollow" . The aspect, of the subdivision map which has prompted this application has to do with the turnaround area of Sleepy Hollow Lane. As can be seen by a review of the maps, Sleepy Hollow Lane terminates at West Creek with a 100 foot turnaround. This subdivision was proe,e;ssed ,through, the usual town, state and county departments ,and, was' filed in the Suffolk County Clerk' s Office as an approved subdivision map. A bond has been posted in an amount approved by the ,Southold Town Board for the completion of ,the roads. My client is presently in' contract for sale for several of the �lots in the subdivision: Due to the concern that has been expressed concerning the turn- around area terminating at West Creek, my client has met with Mr. ' Haje from the New York State Department of Environment Conservation and Howard Terry of the Southold Town Building Department to determine. if there is a viable way of constructing the turnaround area so it would not encroach on the wetlands. It was Mr. Halbe' s suggestion that the turnaround area terminate at a point north of the creek where the upland meets the meadow area. This would mean that a portion of lot #14 would be used in order to provide a 100 foot turnaround. In an effort to alleviate the concerns that have been raised, which' I mentioned previously, my client would be willing to construct ,the turnaround as proposed by Mr. Haje. We met with Rod Van Tuyl, our engineer, at the subdivision site to explain to him Mr. Haje' s recommendations and, as you know, I have submitted to the members of the Town Board, the Superintendent of Highways and the Southold Town Planning Board copies of the amended turnaround area. In light of the fact that the amended turnaround' would not be constructed in an area considered wetlands, it is felt that the proposed solution is a good one which would be in keeping not ,only .with the State Environmental Conservation Department' s' recommendations but also` that of the Town Trustees and the Conservation Council' s recommendations- which they have expressed in letters to the Board. 1 have informally discussed the suggested change, with some members of the Planning Board and the reaction was favorable. It would not appear that a permit is necessary to construct the road as proposed due to the fact that no wetlands would be affected and, if a permit is necessary to remove what fill has been put there, I ,request the Board at this time to grant ,that application. . Supervisor: At this time, I went off the format that I generally follow, after .the application is read off, I ,generally entertain people to speak in behalf of favoring the application request .and after that those that are opposed to it. However, I did allow the attorney to make his presentation so you would be aware of what is going on. At this time, I will entertain anyone that wishes to speak in favor of granting this 'change. It appeared -to me that at one time, our attorney had instructed us that changes to a filed subdivision map cannot take affect until the matter is at least two year's old and this map is only eleven year' s old, eleven' month! s old rather. It was approved last February, I �believe. I haven!t got clear in my head what he -2- Leo Kwasneski #27 January 11, 1977 meant - no changes could be made or he did talk about a possible abandonment of the whole subdivision and refile again or abandon- ment of part of it and refile again. Something hangs in my head that he indicated that not too much changes could be made in the subdivision itself for two years. Is that basically what we were told? Justice Suter: That' s in regard to the map, not the wetlands. Councilman Homan: Do you mean the application to remove the fill or the application we are having the hearing on? Supervisor. : My comments would be directed on the application here that was advertised. We have to act on that -one first. In favor. Marion Latham: I would just like to ask a question. If the map was approved the first time, why is this coming up again? The map was approved by the county and the town and everybody else? Supervisor: No one can give you permission to break the law. Mrs. Latham: I realize -that but, if the map was approved,- to fill in the wetlands. That' s my understanding. Supervisor. : That was the signature of the chairman of the Planning Board, Mr. Wickham signed that map and it did indicate that but there are other conditions have to be met, also. In other words, if you are going to go into a wetland area, you have to address yourself to a wetland application. From the beginning, there might have been some confusion in the beginning because I think very 'few people realized that this map was approved, that they were dealing with wetlands. They didn' t realize that this turnaround was going to lead into wetlands. Mrs. Latham: They didn't go to look at it before it was approved? Supervisor: That' s Planning Board members' job. Mrs. Latham: They didn't go look at it before it was approved? Supervisor: I can't answer that. Mrs. Latham: They didn't go look at it before it was approved? Supervisor: I can't answer that. I'm not sure whether they did or not. Mrs. Latham: You mean the map was filed with the turnaround there, right? Supervisor: Correct. Mrs. Latham: And approved? Supervisor: Correct. -3- �- Leo Kwasneski *27 January 11, 1577 Mrs. Latham: ' And nobody realized that that was wetlands? Supervisor: I don't know nobody or anybody but, apparently, they didn't. Mrs. Latham: They approved it without going to look at it, then. Supervisor: they could approve it but if it is in an area where wetlands are involved,, 'then you have to take the next step and make application. We're discussing now the people that are in, favor of this application being granted. 0. K. ', opposed to granting this application. William Pfeffer: ' My name is Bill Pfeffer and I' would like to speak in opposition to the granting of any variance of the wetland' s requirements for the following reasons. Almost four years ago, I moved to Southold after living ,a lifetime in New ,York City. I worked in the New York City Fire Department for thirty-five years ` and retired as a' chief. I longed for the day when I could retire to a place like Southold for the simple reason that I have seen so much destruction of the natural resources in New York City - Central Park Lake polluted; the boardwalks for the rowboats destroyed; trees, shrubs and- flowers in the Botannical Gardens destroyed; and I thought of Southold and what a beautiful place ,to retire. , My home is on Glenn Road. I can get in a rowboat and row out into Goose. .Bay. ' In the short time I have been in, Southold, less than four years, I have really learned to love everything that we have here .and, 'when sitting out in my rowboat in' Goose Bay and I always look at ,the shoreline which has recently ,been despoiled by this fill, I. would say 'wow, how this reminded me of summer vacations on •a lake. upstate, there were swamp oaks- and cedars growing right close to the water' s edge. Early in October, I was returning from a fall flounder trip and I was startled to see' a' dump truck dumping fill on ,the very marshes that I walked on when the tide was- out, so I• couldn't wait to -get home to find out whether this was ,permissable because I thought I understood the wetlandsrwere highly restricted for any kind of development. On October 4th, October. 5th, October 6th and October 8th, I visited or was in telephone communication with Supervisor Martocchia, Planning Board Chairman John Wickham, Inspector^ Howard Terry, Trustee Mr. Horton, William Becker of the State ' Conservation Department and still there was evidence from then on of a continuing operation and, believe me, I was terribly discou.rg-ged by this time. I heard about the North Fork Environmental Council and I talked with Mrs. Jean Tiedke and also Paul Stoutenburgh. It ,just seemed that no one was going to stop the operation. On November 11th, a holiday, I could hear the noise of the` bulldozers, since I live in the adjoining subdivision and' when I investigated there was a landfill contractor named, Fillmore Grefe busily engaged in making the wetlands conform with . the road. I told one of my neighbors of how futile my- efforts had been and he suggested calling the Police Department. In a short time, Supervisor Martocchia, and two police officers were at the scene and I was greatly relieved .to hear you, Supervisor Martocchia, instruct the police that they were to stop the operation unless there were necessary permits to be shown. The -4- =� Leo Kwasneski #27 January 11, 1977 u contractor at first said that he was going to finish the job, that he would risk arrest but he 'later felt differently about it, he had a change of heart after an hour and ,a half I stayed at the scene,' and he left with his equipment,. In-the meantime, the next day on the 12th of November, I went down to ,the Town Clerk' s , Office and I- said , 'Gee, how is this possible' . Then, I was told that a violation had been issued, by, ,they 'Town and that nofurther work would be done and there would be 'a-';public hearing. ' In' the meantime, I got in touch with Dan Larkinrand Mr. Roy Haje at the State. I need to bring this all out because it c'eiiT(1A:d-ts. quite a bit with what �th"e attorney'.h'as 'read in 'his' brief: Now, we come to today., Right now, the fill is still in plad'e �on an area of marshland that measures X3.,00 by 45 by 100 by -75. One oif. my neighbors had pictures .taken 'before this area was filled in. You can see my ,interest has been .a 'continuing one, because the enactment of the Wetlands Act by the State 'Legislature took a long time to come about and wholesale variances just nullify the• whole ecological and environmental benefits .that we are supposed to derive from 'it. Living on the, waterfront, I know, how restrictive the law is, but it is a necessary and a good law and if this application was- from a single lot owner, I wouldn't behoove that in his remaining years, to better enjoy his property, if a slight variance were given, I wouldn't be here, protesting today. But, now, we have an application, an applicant appearing before this Town Board who is 'planning a. corrhmmunity of fourteen homes. I am certain that when he made the purchase of the acreage, he looked it over and saw how much of it was marshlan and,, being experienced and responsible builder, he knew that those lands couldn't be utilized, Denying a single lot owner who resides on the property_ , this could really 'be a hardship, but I do not share the feeling that a financial hardship' s involved when a developer is involved who can use .part of an existing lot to accommodate a turnaround. All 'the r. esidents 'o'f West Creek to whom I have spoken feel that the applicant should remove the fill and use part of lot 14 which has an area of 47,000 square, 7;,000 more square than he needs on the 40,000' square foot acre. ' Now, to recognize this as a financial- hardship under -the circumstances outlined would be just hypocritical because this excuse for utilizing wetlands would be made by everyone in a similar situation. I would like to say that I can assure that the State at the 'time I made , a complaint had no record of even an application being filed to do anything with wetlands. Mr. Haje told me that there' s no record, he said, but he said there is a possibility that our record keeping isn't' 100%. He said, but believe me, we have no record of it and we are communicating now� with Southold Town and it was then that Southold Town assured him that no permits of any kind had been filed.- Now, what disturbs me most is that this is a responsible builder, I -counted fifty-five- truckloads of fill, fifty-five truckloads of fill in there and he would come and try to use or- grab, , the way I feel, so much of the wetlands without letting anybody know.. It seems to me, with this mistaken approval .of subdivision maps by the Planning Board is, like pushing responsibility all around. I think the responsibility is Mr. Kwasneski' s for doing that and in hoping that nobody would notice it and bring it- to the attention of the Town and I certainly -5- Leo Kwasneski {27 January 11, 1977 want to commend you, Supervisor Martocchia, because if you didn't take the action you did on November 11th, that whole marshland would look just like the _road. When you told the police that if they can't show permits, -,they stop it and I stayed there an hour and a half and that' s exactly what they did. They stopped it and we arrive today with a story how all these permits were gotten. They were never even applied for_-from the information given to me by Mr. Haje and Mr. Howard Terry, our building inspector. Supervisor: Does anyone else wish to speak in opposition? Donald Fredericks : I was at the preliminary hearing for Mr. Kwasneski when this was brought up and the road at that time was going to terminate right into Glenn Road which is a private road and Mr. Wilsberg has no intention of opening through. I brought up the matter to the Planning Board. The map was changed and at the final hearing, Mr. Pfeffer, Jim Woodhull, Mr. Gillette, Dick Greene who isn't here, all examined that map, we had it in our hands. There was no provision for a turnaround on that map at the time of the final approval. The road was extended down to the meadow line and then stopped and Dick Greene specifically brought up the question that you would be able to launch a boat at the end of that road and he was assured that you would. One of the members of the Environmental Council, it could have been Mrs. Tiedke, it could have been Mrs. Bachrach, I can't recall exactly at the time, brought up the matter of encroaching on the wetlands and we were assured at that time it wasn't going to be. Prior to that time, I had taken pictures of the meadow as it ex-iisted before which I have here which I would be glad to. These are pictures taken of the meadow and this is the speed limit sign in the creek. It' s been posted there for years. Mr. Pfeffer and I went down the other day and made a rough sketch of the fill that' s been placed on the meadow. We can attest to the figures although it' s not a very nicely drawn map, it' s not to scale, but it' s 73 feet. There' s 9 feet from the post that shows here, it' s from the edge of the water to where the fill commences on the meadow, there' s 73 feet of it up, along the Wilsberg property, the width of 100 feet. This point from here up to the meadow- land is 45 feet and there was no provision in the original map at the time. Theme are four pictures taken from different ways there and -this tide line which was up there yesterday conforms with the pictures or what I put on the sketch. You can keep them for reference, but I would like to have them back. I took the pictures and -they were enlarged. The sketch is very rough, but the figures both Mr. Pfeffer and I can attest to as being accurate. Supervisor: Anyone else wish to speak in opposition? Mr. Pfeffer: I have a further question. Since -the attorney for Mr. Kwasneski, if I understood him correctly, said there was a willingness to take all of that fill and take it off that marsh- land. The question that arises in my mind is when is the best time of the year now, how do we consult with people to find out when is the best time to move that off where you don't destroy what you have? Because the criteria, as I understand from Mr. -6- Leo Kwasneski 7 January 11, 1977 Terry is the kind of grasses that grow there that determine if it is wetlands so I think that would be something to look into since I understood the attorney to say that he is goi:g to remove all of the fill, so that would be that big area 100 by 75 by 45 by 100. Supervisor: I don't know if I heard him say that. Did you say all? Mr. Olsen-. What fill would be necessary. Mr. Pfeffer: Wouldn't that be all of the wetlands? Mr. Olsen: The suggestion to comply with Mr. Haje' s recommendations is to construct the road so that it does not go into the wetlands area. There ' s a cedar tree there. That' s roughly - which would mean that we would have to, in order to construct the turnaround there, we would have to take part of our lot 7.4. Mr. Pfeffer: In other words, you would remove everything. Mr. Olsen: We need the Town' s permission to do that. Mr. Pfeffer: Then my question, when is the best time to order this removed? Is this a good time? I don't know. Councilman,�Homan: I would say as soon as possible before the tide spreads it around more, Mr. Pfeffer: I was thinking Mr. Dan Larkin, somebody told me, he' s a soil analyst for the Department of Environment Control for the State. Maybe, he might be someone that could give good advice on that. Supervisor: We have another fellow in Riverhead, Barnett, it' s his field also. Jean Tiedke: I think it' s important, also, that they find out exactly what' s the best method because if they go in there with heavy trucks and heavy equipment, it will compact it and squash the bog underneath and cause even more damage than has already been done and I would recommend that they not only determine the time to do but how to do it. Maybe, it should be done almost entirely by hand. Supervisor: The method of removal, you mean? Mrs. Tiedke: Yes. Mr. Fredericks: I should like to ask one more question. If this fill is removed, what method will be used to retain it from washing back in again? It' s very nicely graded that way now. Is that going to continue to just wash right back in or will -there be a method? -7- Leo Kwasneski 7 January 11, 1977 Supervisor: I'm not prepared to answer. I'm not an expert in that field but we would consult with the proper people to know how to handle that situation. Mr. Fredericks: Because, unless some method is used to .retain it from washing back in again, it could conceivably be back the next day Supervisor: .Anyone else? Mr. Olsen, do you have any rebuttal of any kind? Anyone wish to speak into the record on this hearing? Mrs. Tiedke: I don't know whether you want it in the record or not but it seems to me that we've had other problems with permits or lack of permits. When a permit is granted to fill, how many are issued? One to the ovmer? I don't know either but, apparently, Mr. Grefe felt that the owner had a permit but Mr. Grefe did not have one with him. Supervisor: I understand your question better now. You want to know how many permits are issued, whether -the contractor is given one, the owner and so on? Mrs. Tiedke: Right. Supervisor: I belAeve it would be only one. Is that what it would be, Bob? Mr. Tasker: Probably. Mrs. Tiedke: I would certainly recommend that the owner get enough copies so that every contractor that he is using has one, that is particularly in the case of filling wetlands so the road contractor and the man that is doing the filling knows he is legal and they be required to carry it with them for identification. Supervisor: Anybody else? Has everyone had the opportunity to speak that wishes to speak on this matter? Hearing none, I will call the hearing to, a close and the Board will make a decision at the proper time. Respectfully submitted, Murie Brush• Secretary -8- i FREDERICK. Glen Road 1� I i �, o COIVIMU11ITY PREMCHRISTMAS CRAFT I SHOW SUNDAYmNOVEMBER 30, ' 1975 Sponsored By GREENPORT - SOUTHOLD CHAMBER OF COMMERCE HELD IN AMERICAN LEGION HALL Third Street Y GREENPORT SHOW STARTS 70:00 A.M. FREE ADMISSION 1 LEGAL NOTICE;;: j - 1 COUNTY OF SUFFOLK ,10 NOTIC }Oly IE'AItiNG STATE OF NEW YORK , ss I''NOTICiE'IS ,HEREBY%GIVEN tf}at4 a public hearing will be," by the Town Board of the"Town of Southold at' the office'"of the I Supervisor, 16. South Street; Sherley Katz, being duly sworn, says that she is an .Greenport;New York,on January Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 1977 th 3applicatio in Leo o public newspaper rinted at Southold, in Suffolk County; '• ` he matter of the application of Leo I Pp Kwasneski for a permit under thea and that the notice of which the annexed is a printed copy, .' provisions of the Wetland.OrdinF; once of the Town of Southold forte •'' has been published in said Long Island Traveler-Watch- permission to construct .a'.turn' man once each week for , around at Sleepy Hollow Lane in ' """""' ........................... weeks � 11he subdivision known as,"Sleepy ...� i ) 'i Hollow" at Southold, New York. y, commencing on the ...: successively, ............................. All persons interested in said ; of matter shall appear at the time day •" ••••••••••••. and place above specified and will '^ be' given ,an opportunity to be jheard., ...................... ......................... ....... DATED: December 7, 1976 BY ORDER OF THESOUTHOLD TOWN BOARD l "JUDITH T.TERRY TOWN CLERK i Sworn to before me this ......3 .. day or 1T=12/30 ................ ..................... .............. N0tasy&66Public . ETHEL PALLADINO NOTARY PUBLIC State of New York Qual fled 5n-4628953 commission E Suffolk County xpires March 30, 1978 LEGAL NOTICE' r NOTICE'O,F-IIEAMNG � COUNTY OF SUFFOLK l ``"NOTICE'-'ISl'fiEI2EBY-,GIVEN STATE OF NEW YORK j ss that a_public'hearmg�will be held' C 'by the,Town Board of,the Town of Southold `at the office 'of the Supervisor, 16 South Street, Greenport,New York, on January Sherley Katz, being duly sworn, says that she is an 11, 1977 at 3:30 P.M., in the ,;,� Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, matter of the application of Lep i Kwasneski for a permit under'the i a public newspaper printed at Southold, in Suffolk County; i provisions of the Wetland Ordin- �I and that the notice of which the annexed is a printed copy, C, ance of„the Town of Southold for permissi the subd n to construct aturn- 1 hos been published in said Long Island Traveler-Watch- around at Sleepy Hollow Lane.in ' .. ivision known as"Sleepy ! man once each week for ........... .......................... weeks Hollow" at Southold, New•York. All persons interested in said successively, commencing on the .... matter shall appear at the time day of and place,,above specified and will 19. be given an opportunity to be heard. A2- DATED: December 7, 1976 j BY ORDER OF j THE SOUTHOI D TOWN BOARD JUDITH T.TERRY ' TOWN CLERK 7 1T-12/30 Sworn to before me this .....3.1............ day OT .......... 19.. . 0 ........... y. ...................._............. Not ... ETHEL PALLADINO NOTARY PUBLIC, S1ots.of Now York No, S2.4628983 Qualified in Suffolk County commission Expires March 30, 1978 LEGAL NOTI7GIVEN COUNTY OF SUFFOLK, NOTICE OF HEASTATE OF NEW YORK, ss NOTICE•IS'HEREthat a public hearing STuart C . DOrma11by the Town Board of . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . being duly Sworn, Southold at the office of the Supervisor,, 16, South .Street, says that .he. . . is Printer and Publisher of the SUFFOLK Greenport, New York, on ' ` January 11, 1977 at 3:30 P.M., in WEEKLY TIMES, a newspaper published at Greenport, in said the matter a the application it county; and that the =notice, of which the annexed is a printed � Leo Kwasneski for a permit "� Y' under. the provisions of ;the Wetland Ordinance of the:Town COPY% has been published in the said Suffolk Weekly Times i` of -Southold for permissions-to mace in each week, for Oils (1) construct a.turn-around at Sleepy • • • • • • • • • • • • • • • • • • • • • • • weeks Hollow Lane in the subdivision successiVOly commencing on thethirtieth known as "Sleepy- Hollow" at ' ' ' ' ' ' ' ' ' ' Southold, New York. day of . Decemb • 19 76• All persons interested in said matter shall appear at the time . . . . . . . . . . . . . .... . . . . . . . .. . . . . . . . . . . . . . and place'-above specified and Sworn to fore me this will be given an opportunity to be heard. day of . . . . . . . . . . 19.7. . DATED: December 7, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T:TERRY' TOWN CLERK 1TD30-2560 N CY R. DOUC NOTARY puBLIC,State of New York siding in Suffolk County C17cs. No. 52-6086685 Voommmion Exairea March 30,19.1 1 LEGAL NOTICE COUNTY OF SUFFOLK, 1 NOTICE OF HEARING STATE OF NEW YORK, ss: NOTICE IS HEREBY GIVEN that a public hearing will'be held ' by the Town Board of the Town of I S. . . . . . C. Dorman , , , , , , , , , , , , , being duly Sworn. Southold at the office of the � • • • • Supervisor, i6 South Street, I says that .he,. . . , is Printer and Publishes of the SUFFOLK Greenport, New York, on WEEKLY' TIMES, a newspaper published at Greenport. in said January 117 1977 at 3:30 P.M., in the matter of the application-of county; and that the notice, of which theannexed is a printed Leo Kwasneski for a :permit under the provisions of, the copy, has been published in the said Suffolk Weekly Times Wetland Ordinance of the_Town 1 011e (1 of Southold for' permission to I Cance in each week, for weeks construct a"ti"-around at S1eep'y rtieth Hollow Lane in the subdivision successively commencing on the • •th].. . . . . .. . . • . known as "Sleepy Hollow" at Southold, New York. day of . .PAC.e �r--- 19.7. All persons interested in said matter shall appear at the time — . • ' • • . . • ' • and place above specified and Sworn to be are me this i will be given an opportunity to be ' • ' ' • ' ' heard. day of . . . . .�/�.c/. . 19.7 7 j DATED: December 7, 1976 BYORDEROFTHE - i . . . . • . . . . . . . . . . • • • • • • • • SOUTHOLD TOWN BOARD JUDITH T.TERRY • • • • . . . . .. TOWN CLERK 'ITD30-2560 NANCY R. DCTiG"•P,SZ - --- — — NOTARY PUBLIC,Siete of New Yorj� Residing ;n Suffoll- County ClIcs. No. 52-6086535 Cvmbmission E;._yirca March 30,bbl. t - — -- -- COUNTY OF SUFFOLK. 1 LEGAL NOTICE I STATE OF NEW YORK. 1 ss: NOTICE OF HEARING NOTICE IS HEREBY GIVEN Stuart C. Dorman that a public hearing will be held I • • • • • being duly Sworn, by the Town Board of the Town of says that . . he. . . is Printer and Publisher of the SUFFOLK Southold at the-office of the Supervisor, 16.South Street, WEEKLY TIMES, a newspaper published at Greenport. in said Greenport, New York, ..on January 11, 1977 at 3:30 P.M.; in county; and that the notice, of which'the annexed is a printed the matter of the application of Leo Kwasneski for .a permit I copy, has been published in the said Suffolk Weekly Times under the provisions of the One (1) Wetland Ordinance of the Town once in each week, for weeks of Southold for permission to construct a turn-around at Sleepy successively commencing on the . . .th. . t4th. . • • • • • . • • Hollow Lane in the subdivision day of Dec ae-r��- known as "Sleepy Hollow" at i Southold, New York. , • . • • • • . . • • . • • . . . . • . • . • All persons interested-in said ' ' ' ' ' ' ' -/' ' ' matter shall appear at the time Sworn to fare me this . . . .. , . . . . . and place above specified and 1 will be given an opportunity to be day of . . A-;1 i�h-4/. . . 19.77. ) heard. I DATED: December 7, 1976 • • • • • • BY ORDER OF THE _ • r, , {G; G(�d SOU,THOLD TOWN BOARD JUDITH T.TERRY Cy iii DC n� TOWN CLERK i N®TF�RY PUBLIC. TjC','jq•', Scat,of Neter 1TD30-2560 Residing in Sufiiall> Count — — -- Commission£ Size 2-6086535 • P..-rch STATE OF NEW YORK: SS : COUNTY OF SUFFOLK: t JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years ; that on the 21st day of December 1976 , she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, N.Y. 11971 NOTICE OF HEARING - January 11, 1977,- Application of Leo Kwasneski for a permit under the provisions of the Wetland Ordinance. Judith T. Terry, TpSfm Clerk Sworn to before me this 21st day of December , 1976 otary Public ELIZABETH ANN NES;IILE NOTARY PUBLIC, State of New York No 52-8125850, Suffilk Cou Term wires Jviarch 33, 1-1-6 a LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Southold at the office of the Supervisor, 16 South Street, Greenport, New York, on January 11, 1977 at 3:30 P.M. , in the matter of the application of ry Leo Kwasneski for a permit under the provisions of the Wetland Ordinance of the Town of Southold for permission to construct a turn-around at Sleepy Hollow Lane in the subdivision known as "Sleepy Hollow" at Southold, New York. All persons interested in said matter shall appear at the time and place above specified and will be given an opportunity to be heard. DATED: December 7, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK Copies to the following on December 21, 1976: Long Island Traveler, Inc. The Suffolk Times Gary Flanner Olsen, a/c Leo Kwasneski PLEASE PUBLISH ONCE, DECEMBER 30, 19769 AND FOWARD (3) THREE AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK 11971. U; -G- BOARD .OF TOW�I TRUSTEES �k TOWN OF-SOUTHOLD, SUFFOLK COUNTY,- Telephone OUNTYTelephone 516 - 765-3783 Southo l' J I:Z N 7 Y� 11971 December 7, 1976 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: The Board of Southold Town Trustees have. examined the Wetland Application No. 27 submitted by Leo Kwasneski for permission to construct turn-around at Sleep Hollow Lane as approved by the Southold Town Planning Board and filed in the Suffolk County Clerk 's Office. Although this matter does not come under our jurisdiction, we feel that a wetland should not be filled for a turn-around on a road. However, the damage is done and it cannot be corrected. The fault is not with the owner of the property, but it is with the boards who issued the approval for this. We feel that there has been an error on the part of the Town; having approved a plan which permits the highway and turn- around to cover a wetland area. The same effect could have been established by having the turn-around stop at the edge of the meadow rather than proceed to the highwater mark. Respectfully submitted, 6WA Alvah B. Goldsmith, Chairman Board of Southold Town Trustees ABG/bn Z 7 Examined ...............1j�.z7.................... Approved ............................. ................................. ��l �:cZL fr• �i°� Disapproved ........................................................... Conditions, if any ........ :......�...... .... ..+:.............. . `................ -•.SIJ �`�`GC�- ,?zCY+ � r �. �- ................................... ............. ....:4...........f .=......................................................................... Examining Body ...............L- C Signature of Chairman ..... ..����r."-f=fy;. }�•_.... .............(................................. .......................... ..... %•'•• ... '. .................... ....................................... APPLICATION MADE HEREBY ADE to the Town Board of the Town of Southold, Suf bll- r, inry, New York, for nho issuance o, a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior'Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to .,construct S1eePJ. R 4th. �,�.flB.P.� ,.at>ka� �r�„ 1 , of_Slee�y Hollow subdivision which has been approved by the Southold 'Town Planning Board r-nd*filed'in"ttre'S'affottk•'Caunty *Ctgrk°g•*CffiCe.aLyter"M..rLgtir�d••approv.als. Location of property for which permit wanted... S Wthq�dp_,®ff®t West,Creek and Goose ....... ............................. Creek. ................................................................ Home address of permit applicant if different from oforesaid location ........................ (no number) North Parish Drive, Southold, New York 11971 .................................................................. I Creek, Bay or Harbor frontingproperty West Creek and Gose Creek P P ........................................... --- —- --........................................................... _ —— --- --- - -- - -- i 4 Y ®F, IE' OFe � °d RK ��O �OFr�SOUTI�� JUDITH T.TERRY TELEPHONE �GJl ��K ' TOWN CLERK w 765-3783 REGISTRAR OF VITAL STATISTICS Southold, L. , N. Y. 11971 November 12, 1976 Supervisor Albert M. Martocchia Southold Town Board 16 South Street Greenport, New York 11944 Dear Mr. Martocchia: Transmitted herewith is application No. 27 for a wetland permit submitted by Leo Kwasneski. Copies of this application have been forwarded to the Board of Town Trustees and Conservation Advisory Council for their report of findings and recommendations. ' Very trulyyours, i"A Judith T. Terry Town Clerk ®FEI�E�a�F r�'0NN'NU-a�ERK / }}} JUDITH T.TERRY ) TELEPHONE TOWN CLERK Q1 765-3783 REGISTRAR OF VITAL STATISTICS Southold, L. N. Y. 11971 November 12, 1976 Mr. Alvah B. Goldsmith, Chairman Southold Town Trustees Town Clerk' s Office Main Road Southold, New York 11971 Dear Mr. Goldsmith: Transmitted herewith is application no. 27 for a wetland permit submitted by Leo Kwasneski. Please prepare a written report of findings and recommendations with respect to this application and submit said report to the Southold Town Clerk within 20 days of receipt of this letter. Very truly yours, Judith T. Terry Town Clerk '1�-rf,�I11�X71t�. 0 IFICE'OF,T6WNF T:ERK tr,TL(?WN OF SOUTH-06 JUDITH T.TERRY FOLK-:& TELEPHONE TOWN CLERK `r�l �,Yy 765-3783 REGISTRAR OF VITAL STATISTICS Southold, L. ., N. Y. 11971 November 12, 1976 Mr. Frank Kujawski, Jr. , Chairman Conservation Advisory Council Mattituck, New York 11952 Dear Mr. Kujawski: Transmitted herewith is application no. 27 for a wetland permit submitted by Leo Kwasneski. Please prepare a written report of findings and recommendations with respect to this application and submit said report to the Southold Town Clerk within 20 days of receipt of this letter. Very truly yours, Judith T. Terry Town Clerk GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 • MAIN ROAD MATTITUCK, LONG ISLAND, NEW YORK 11952 • PHONE 516 298-4844 November 12, 1976 Re: Sleepy Hollow Subdivision Dear Mrs. Terry: Enclosed herewith please find an Application for Wetlands Permit which is being filed in quadruplicate, and a check in the sum of $25. 00 for the filin e. Very tr rs, E 7OLStN GFO/mrc encls. Judith Terry Southold Town Clerk Main Road Southold, New York 11971 cc: Southold Town Planning Board Highway Department Howard Terry Leo Kwasneski Al Martocchia v e Town Of Southold Town Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT Application No. ........�.l............... Date of Application ................................................ Identityof Applicant ........Leo;Kwasneski...................................................................................... Address of Applicant .��?4.number)„ forth garish � ;iye, Q til�q�, A„�T� I„XQx};ti,X�,9:�X„ INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter permission from the owner of the property if not the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application:) C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $25.00 shall accompany the application. This filing fee includes one inspection, there is a $5.00 fee for each additional inspection. H. The Town Board upon request of the applicant for a permit, may waive in whole or in part, the provisions of Article 11, Section 210, subdivisions (d) and (g) where it finds that nature of the proposed operations are such that the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. .................................................................................................0.............. ............. apll ul aSI-I 96DJany �� £ xoac�d� ................................................................................,...............baa j-• •xoa'dd!...... ap!l Mo-1 4D g4daa .................................................................... ........A!JadoJd 6uguoJ� �(oq Jo �IaaJa 'IDUDD 4o N}p!M �.aa� p g i xo.zcTc'C� ..............................................5a...ftm 2 z5L v'a� pallld aq o; spJo k p Sao r• �• •� �.�: �....... ....................................................................aiiou::......d6Yti..potyC;Vgt"t3*'g... p94DnD3x3 aq o} spJD), .............................................................................................................*tft3U'.. Ja;DM Mo-1 Molaa gjdaa ` ......................................................... ...........dLGC[' A �L '� 2'� Ja}DM N6lH anogV 4g5ia ' q xo.z( e= p• 5........ •p.zoo cttrrct r�•tx o�;'p`[ .��rio ..a t{'pan�xd '.s"enci'u�tu i't�•�cxx.��,��� ..... g4p!M •p.z�og• urat��Y •�rres�;'l�t��i�ri�s..�u '�q pa��xdd� 'sr�• �Yt ..zi, ctx.p�.��� �,�.�as..... qua-I ni.ioM posodoJd }o az!S .................................................................................................................................................................. .............................. aa;z 'asoz..pule 3jaa:z '�'sa JadoJd 6ul�uoJ� JogJDI-I Jo ADE] '>IaaJ:) ......................................t L 6 T I.31-Tok.&aN..`PioulnoS..`aat:za usti.z'ea•u�.zo '(:zagizznu'.ou). .............................................. U014DO01 P!DsaJo}D woJ j .UaJO��!p 4! }UDallddo 41wJad 4o ssaJPPD awoH ................................................................................................................................................................., •xaa.z� ...� b��'• tx�" pax a ' 'e• o...sp'ta nab...pa;uDM 4IwJad goiLIM Joh ApadoJd 4o u014D:)0-I •siT3..o.zdd,e.pa.zmba,� ��:�..�a� � aoz �4. .s��I:�aI ..: �T�?4. .�iio�in .auk. Uj.Laai?i..P?:fv................ p.a,eog• utuuV `'•umo•' o no a aao.zdd� uaa s� at uotstAtpgns id Z pi u� S u� q p a u u u xoiioH04 pa4sanbaJ 4!wJad :ploLl4noS 4o UMo1• OLID 40 sDaJV a6DUIDJQ PUD sulDld Poold 'SPUDI;aM JOIJ94UI PUD ID4sD0D aq4 6u! -wano6 suol4Dln6a-1 PUD sa0UDUIPJO 'sMD-I aq4 o4 JUDnsJnd 4Iwaad D 4o aouDnss! aq4 Jo} '>IJoA MON 'Aluno� �Ilof4nS 'ploy}noS p uMol aq4 4o pJDoe uMol a44 04 3GVW kG3d3H SI NOI.LVDI-IddV * * s r ................................................................................,........................................ UDIUJIDq:) 40 aJn4DU61S ................................................................................,.................................................... Apo8 6ululwDx3 ................................................................................,................................................................................. .................................................................................................................................................................. ................................................................................................................................. AUD �! 'suo!I!Puo:) ........................................................... panoJddDSId .•.............................................................. PanoJddy .......61 .................................................. paulwDx3 i Is this for private or business use? .......Residential....................subdivision.............................................................................. AreaZoning ....ROBICIelatial.................................................................................................................. Manner in which material will be removed or deposited ..... ,s,y�e „p�,ans,fled and„�pproyed ,by..$outhold,Town Planning,Board............................................................................................ Intended use of property ....Road.as.per approved map.............................................................. .................................................................................,....................................................................... Written consent of owner of property, if not the some as the applicant ....Not.applirabLe....... ...................................................................................................................................I.............................. .........4........................................................................................................................................................ COUNTY-OF SUFFOLK ) STATE OF NEW YORK SS: ......... ............................. ........Leo..Kwasneski. . . ....................................... being duly sworn deposes . . ....... ........ ...... . ... and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of 'Southold. The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and claims arising under or by virtue of said permit, if granted. ...�,... 4�iiica ...........................e................... Signature nt Swornto before e i ..... ................. dayof ......... .. ... ...q . . r..............., ...6.... .... .... ... .... ....... ............ ota Public GARY FLANNER ol-SEN Notary Public, Slate of New York No 52-2959600 Qualified in5•j folk County 3erm Expires March 30,19 7 1 Ik 0;4- •4! �. F, ;. r ,gb �,3s"I CS' Gr�_ e. - ` ,�{ �6 • "��-' �l•� /Rai" A ., Vt ��''�' fit. 7/•.Q��� �.�y Vf - .�'�� 9�s �� � a �% ._." �-��.-- - - �� tv =' \\ ��y�•p ter .�'►���' Q� .: OV h9t, .i 100, �,M r w -I OI L Com' -.�' � _ , "i �n.�. '•.$Tc +,c„.q-�`at m'�+��t:,;7•n�i�:S� _ 7�' r !;•.,, ti ( � �,.-„ �sM1'.' _ -_ , '_�_•Y'-�'^-:'``�rfy�� arv^,�'.,_ r.�'=::as l ' ,,,��s�,.�� �sG--�-a.,- �'i' e. -?3{i�/,li�r,�rr� C '�E-Hw•".� l gyp'• sf __ «. .. �µ - =':�"„Y?'`.�..+�5`._r.f3- .:�-� ... GARY FLAN N ER OLS EN COUNSELLOR AT LAW P. O. BOX 38 • MAIN ROAD • MATTITUCK, LONG ISLAND, NEW YORK 11952 • PHONE 516 296-4644 November 8, 1976 Re: Leo Kwasneski-Sleepy Hollow Wetlands Ordinance Gentlemen: Please be advised that I represent Leo Kwasneski in re the Sleepy Hollow Subdivision. Mr., Kwasneski has delivered to my office the Order to Remedy Violation issued by the Building Inspector, dated October 27, 1976. I hereby request additional time to discuss this matter with Mr. Kwasneski, and have so indicated to Howard Terry, the Building Inspector. Mr., Terry suggested that I write to the Town Board to forwtall any further action being taken by the Town until I have had an opportunity to completely review this matter with my client. I hereby request an additional two weeks. Thank you for yo r expected cooperation with regard to this matter. Ver y- ru y ur GARY FLA ER OLSEN GFO/mrc Southold Town Board c/o Southold Town Clerk Main Road Southold, New York 11971 cc: Building Department i i 1 �• .0 ` a 7 s s a 1► R t � . WA s� !op b fM • " r�A , N a •' i w Y _ • i '4. # IL 4. S 1 sem/� I" ADM- �o r0 d= Aww .. mss. - ,. �►.�. ., 44 v 1 • "' • A ► * _ * . ' J oe ,,Ps i 1 dv