HomeMy WebLinkAboutRuch, Eleanor L TOWN OF SOUTHOLD
TOWN CLERK' S OFFICE
r
SOUTHOLD, N.Y.
WETLANDS PERMIT
This Wetlands Permit # 20 has been granted by the Southold
Tovm Board according to information furnished in Application #3l _
filed by Applicant Eleanor L. Ruch, as Executrix of the Estate of
VI-Lenzne Ruch IV, cLeceased
on July 25 1977 A map of the proposed work will
be kept on file in the Town Clerk's Office under the application
number given.
Permit granted to do the following work Deposit approximately 1500 cubic
4
yards of clean fill to secure a 5 ft. elevation in an area between Middle
t
Road and a line determined to be 100 ft. from the ordinary high water mark
of Arshamomaque Pond®
Location of property on which work to be done Middle Road (C.R. 27) ,
_Southold, New York.
t
Creek, Bay or Harbor fronting property Arshamomaque Pond
y� -
i
Size of work: Length 285 feet
Width Between 100 feet and 200 feet
f
! Height Above High Water ---
i
iDepth Below Low Water ---
Yards to be Excavated ---
Yaras to be Filled Approximately 1500 cubic yards
i
i Manner in which material is to be removed or deposited By Truck load_
f
and bulldozed to grade.
1
Intended use of property Private - Residential �'A"
Page 2
Conditions if any A method of retaining the fill at the southern
boundary 100 ft. from Arshamoma ue Pond to be established and Lapproved
y the ui .ing Department.
Expiration Date ---
Number of Inspections Required ---
Inspection Fees—
Liability Policies in the Amount of ---
The validity of this permit is or may be subject to the approval of
other governmental or municipal authorities_ The Town accepts no
responsibility in applying for or obtaining such approval. In the
event that such approval is necessary, the holder of this permit
shall not commence operations hereunder until such approval has been
obtained in writing. The failure to obtain such other approval when
required shall subject this permit to immediate revocation by the
Town Clerk upon receipt by the Town Clerk of written notice from such
other governmental or municipal authorities of its refusal or disapproval.
The applicant does by the acceptance of this permit, assume all
responsibility for operations undertaken pursuant to this permit,
and shall take all precautions for the prevention of injuries to
persons and property resulting from such operations . By such
acceptance, the applicant also agrees to indemnify and save harm-
less the Town, and its officers, agents and employees from any and
all claims arising from operations under this permit and any and
all acts or omissions of applicant, his agent and employees.
The applicant and the owner and occupants of the premises upon which
the operations authorized by this permit are being conducted, do,
by the acceptance of this permit, give consent "to the Town, and its
officers and employees to enter upon the premises where such opera-
tions are being conducted to make such inspections as the Town may
deem necessary to insure that such operations are being conducted
in conformity with this permit_
This operation will not substantially:
A. Adversely affect the wetlands of the town_
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources
of the town.
D. Adversely affect fish, shellfish or other beneficial marine
organisms, aquatic wildlife and vegetation or the natural
habitat thereof.
E_ Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal
flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement
or flow of any waters.
H. Weaken or undermine the lateral support of other lands in
the vicinity.
I. Otherwise adversely affect the health, safety and general
welfare of the people of the town.
S E A L Signed
' own Clerk, Town of So hold
Date November 29, 1977
WETLAND APPLICATION 1 - ELEANOR RUCH - NOVEMP 15, 1977
Supervisor Martocchia' called the hearing to order on the wetland
application of Ruch.
Present were;
Supervisor Albert M. Martocchia
Justice Louis M. Demarest
.Justice Martin Suter`
Councilman James F: Homan
Justice Franckis- Doyen
Justice Suter read the notice of hearing.
Justice ,Su'ter: . We have an affidavit of publication by Stuart C.
Dorman of the Suffolk Times and one by Sherley Katz of the Long
Island Traveler-Watchman. I have an affidavit from Judith T.
Terry that it was posted on the Town Clerk' s Bulletin Board at
the Town Clerk' s Office, Main Road, Southold, New York. This is
the report by the Conservation Advisory Council that they examined
' it on Saturday, September 24, 1977 on application #31, Eleanor
Ruch. It has been approved with the condition that a method of -
retaining fill at southern boundary 100 feet from pond should be
considered. Present slope and drainage pattern indicate that' a
future problem may arise. It' s under signature of the chairman,
Frank A. ' Kujawski-, Jr. I have a letter from the Board of Town. -
Trustees, September 26, 1977, to the Southold Town Board.
Gentlemen:
The following action was taken by the Board of Southold'Town
Trustees at - a regular meeting held September 1,3, 1977.
RESOLVED to recommend to the Southold Town Board approval
of Wetlands Application #31 of Eleanor Ruch for permission to
deposit approximately 1500 cubic yards of clean fill to secure
a five-foot elevation -in an area between Middle Road and a line
determined to be 100 feet from the ordinary high-water mark of
-Arshamomaque Pond.
/s/ Muriel Brush, Secretary
Board of Town Trustees
Supervisor: You have heard the reading of the application and
the request, the, official legal- notices in the proper 'papers, the
official papers of the Town of Southold, the posting of the same
on the Town Clerk' s Bulletin Board, the comments of the Southold
Town Advisory Council with some reservations and the Town Trustees ,
position. The floor is open for comments or if anyone wishes to'
speak for the applicant.
Richard Cron: I am an attorney and have my offices at Cutchogue,
New York, and I am the attorney on behalf of the ,applicant. As
this board, knows, this application has been pending for quite , some
period of time, in fact, back since August of 1976. By way of
background, it, was at that time, to wit August 5, 1976, that the
State of New York through the Department of Environmental Conserva-
tion, reviewed the area in question on the application of Valentine
Ruch who was alive at -that time; for a permit or permission to
Wetland Application ;l -2- Nov( ar 15, 1977
perform the very work under the application that is before thi-s
Board.. At that time, on ,August 5 of 1976, the Department of
Environmental Conservation at-Stony Brook, New York, through the
. offices of Daniel, Larkin,, who is the local Tidal Wetlands Permit
Administrator, found that there was no adverse affect on•wetlands •,
' and, in fact', no permit was required for the filling operation.
I would like to, point out to the board that'.the state law is all
inclusive of its terms in terms of what is wetlands. It includes
those items that are d.ef'inedfaias wetlands under the Southold Town
ordinance in addition-to a number of other items that the state
deems wetlands. The reverse is not true with respect to the- '
,Southold ,otdin' ance. The Southold ordinance has a limited number
of items that are considered wetlands. We have always felt that
, it was never established what type of wetlands basically existed
so when the ' application was made to the state, we assumed -that we
. got a clean bill of,health from .the State of New York that it
included any and all wetlands, even those that might be `embraced,
under the Southold, Town Wetlands Ordinance. So, obviously; we
went ahead to great expense and went ahead and: filled pursuant' to
this permission from the State of New York. Subsequentally, . it
was realized-that- there was no permit received or no application
made to the -Southold Town Board for a permit which was since •, -
rectified and is now before ' the board. We would ask this board
in the light of the fact that the State had approved this on.'more
than one occasion, also in light of the 'fact that- a great deal of ,
time, effort and expense has- already been undertaken with respect
to the property, that this board give favorable consideration, to
the application as it is- submitted. ' We note that there is some
'observation made about- possibly ,r•etaining some of ,:th:is fill' that,
is going to be placed on the land. '.I 'would like• .to . point-,out,,to.
the, board that this fill is going to- be placed in an area that' s - ' '
at least = will be 100 feet back from the -ordinary high .water
mark of, Arshamomaque Pond. I don't"think that- the , slope that' s.: '-
envisioned there is going to cause any difficulty to "any adjbining.
wetlands' within that 100 foot sphere. Certainly,, with' prop'et .
planting or grass , saeding, I, don't think that' s going--to pose any,
problem at -all. , Other than that, I would ask that 'the application
be approved as submitted.
Supervisor: Does anyone else 'wish to speak in' behalf of' approving
this -application? - Is there anyone in opposition- to the granting
of this application? Has -everyone had the opportunity' to •speak -
on; this particular application?
Justice Suter:' Mr. Cron, since the Conservation Advisory Council
recommended a retaining wall at the 100 foot mark, is it your
knowledge that the' slope would go to that retaining wall or would
's'tart at the 'retaining.
Mr. Cron: ' ' ' I think there would be very little slope. � It would,-
almost be part of the natural terrain at 'that point. I don
think that' s going� to be any real problem. -
Supervisor: Does anyone else wish to speak on this matter? Has
everyone had the opportunity to speak? Hearing no one else, I will
call the hearing' to. a close and the board will arrive at a decision
in the ,specified time alloted.
_ F _o�ctfully submi ,
Muri, Brush, ecretary
c��FFDC
BOA (_9 TV TEES
`WlV �SOU L ,
OL o COUN
Telephone
516 - 765-3783
South11971
September 26, 1977
Southold Town Board
Town Hall°
Southold, New York 11971
Gentlemen:
The following action was taken by the Board of Southold
Town Trustees at a regular meeting held September 13, 1977.
RESOLVED to recommend to the Southold Town Board approval
of Wetlands Application #31 of Eleanor Ruch for permission to
deposit approximately 1500 dubic yards of clean fill to -secure
a five-foot elevation in an area between Middle Road and a line
determined to be 100 feet from the ordinary high water mark of
Arshamomaque Pond.
Yours truly,
Mum Brus , Secretary
Board of Town Trustees
- - E
Examined ...
19.17f
`�
Disapproved
Conditions, if any ...19/.. l.e ... ...lw(.� 4.. ......�.... v'.,.. :....... ..`:?
......... ....., ..............
......... ............ ..................... . y�...�....... ...f.....
" �
.�� " """ °°."..:!: .... .......................
ExaminingBody .......... � .................................f. , 11-7..... .......................,..........................
•� z
Signatureof Chairman .. � ......... .`..../ 5 ... .:.......................................................
APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, '
New York, for the issuance of 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:
finVda ay-,.ter t�:... • � � •�� a area-be•-.ger-ow- idd•18... •
line datermiced to be 1000 from the ordinary high water MaCk of
Hiddle Road (G. Ro 27)9
Locationof property for which permit wanted.....................................................................................
Southold, Nw Yore
.................................................................................• ...............................................................................
i,
Home address of permit applicant if different from aforesaid location ..............................................
•.................................................................................................................................................................
Avahamomoque Pow
Creek, Bay or Harbor fronting property .................................................................................................
....................:..............................................................................................................................................
Size of proposed work:
TI
285 feet
Length ....................................................................................................................................................
Between 100 feet. oad 200 eep A
Width .....................................................................................................................................................
=c
HeightAbove High Water ....................................,................................................................................
DepthBelow Low Water ........................................................................................................................
Yardsto be Excavated ................ .. . ..................................................................................................... 8
QPPtfC)'%' 1MP-e.'a1y 1500 CUM-0 yaress
V--4, ._ ., .................. ........ ........ ...........................
LEGAL NOTICE
NOTICE OF HEARING
t - C
NOTICE IS HEREBY GIVEN THAT public hearings will be held by j
the Town Board of the Town' of Southold at the Southold Town Hall,
Main Road, Southold, New Yoik , on November 15, 1977 as follows:
(I 3030 P.M. o'clock in the matter of the application of Albert
I
1L. DeLauro for a permit under the provisions of the Wetland
�10rdinance of 'the Town of Southold for permission to extend and
lIre-enforce bulkhead return to prevent erosion of soil into channel
rapproximately 20 cubic yards of fill to restore original grade
at Town Harbor, Southold, New York.
3:45 P.M. o'clock in the matter of the application of Eleanor
L. Ruch, as Executrix of the Estate of Valentine Ruch, IV, deceased,
for a permit under the provisions of the Wetland Ordinance of the
Town of Southold for permission to deposit approximately 1500 cubic)
yards of clean fill to secure a 5 ft. elevation in an area between '
( Middle Road and a line determined to be 100 ft. from the ordinary
high water mark of Arshamomaque Pond, Southold, New York.
All persons interested in said matter shall appear at the
time and place above specified and will be given an opportunity tol
be heard.
DATED: October 11, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY
f
TOWN CLERK
i
i�
►:TO: The Suffolk Times & Long Island Traveler, Inc.--Please publish:
once, NOVEMBER 3, 1977, and forward three (3) affidavits of
publication to Judith T. Terry, Town Clerk, Main Road, Southold,
New ,York 11971.
t�
I I
(ICopies to the following on October 12, 1977:
1i Albert L. DeLauro
�! Richard J. Cron, Esq. , a/c Eleanor L. Ruch
i -
{
f
STATE OF NEW YORK:
SS :
COUNTY OF SUFFOLK:
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 12th day of October
1977 , 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 - application for a wetland permit by Eleanor L.
Ruch, as Executrix of the Estate of Valentine Rich, IV. , deceased,
3:45 P.M. , November 15, 1977.
udith T. Terry, To Clerk
Sworn to before me this
12th day of October ,
19 77
e
otary Public
ELIZABETH ANN NEVILL13
NOTARY PUBLIC, State of New York
No. 52-8125850, Suffolk Cot►pj
Term Expires March 30, 19,_.6-
LEGAL NOTICE
NOTICE OF HEARING
NOTICE - IS HEREBY COUNTY OF SUFFOLK
GIVEN THAT public hearings STATE OF NEW YORK ss
Will be held by the Town Board i
of the Town of Southold at the
Southold Town ' Hall, Main
Road, Southold,•New York, on
November 15, 1977 as follows: Sherley Katz, being duly sworn, says that she is an
3:30 P.M. o'clock in the I Editor, of THE LONG ISLAND TRAVELER-WATCHMAN
j matter of the application of
Albert L. DeLauro for a permit l ❑ public newspaper printed at Southold, in Suffolk County,
i under the provisions of the l
Wetland Ordinance of -the f and that the notice of which the annexed is a printed copy,
,y Town of Southold for permis- has been published in said Lon Island Traveler-Watch-
1 sion to extend and re-enforce I
bulkhead return to prevent man once each week for ......... .............................. weeks
erosion of soil into channel,
approximately 20, cubic yards successively, commencing on the ...... ..............................
of fill to restore original grade
7..� at Town Harbor, Southold, day of .... w.......... 19..
New York.
3:45 •P.M. o'clock in the
matter of the- application of
........... .
� Eleanor L. Ruch, as Executrix ...... .................., ;
of the Estate of Valentine.
Ruch, IV, deceased, for a
permit under the provisions of
the Wetland Ordinance of the
Town of Southold,for permis Sworn to before me this ......... .............. day o4
sion to deposit approximately
1500 cubic yards of clean fill to _,,,_„ I 9„17.
secure a 5 ft. elevation in'an
area between Middle Road
and a line determined to be
100 ft. from the ordinary high
water mark of Arshamomaque t
Pond, Southold, New York. I ..................... ..... .............................................
.
All persons_ interested in
otar Public
said matter shall appear at the JOSEPH FENTON
time and place above specified NOTARY PUBLIC, State of New Yofk
and will be given an opportun- No. 52-1195150
ity to be heard. - Qualified in Suffolk County
DATED: Ocotber 11, 1977 Commission Expires lurch 30, 1
BY ORDER OF THE I
SOUTHOLD TOWN BOARD
Y
r LEGAL NOTICE f
NOTICE OF HEARING
NOTICE -IS HEREBY J COUNTY OF SUFFOLK
ss.
GIVEN THAT public hearings STATE OF NEW YORK
6 will be held by the Town Board
f of the Town of Southold at the
Southold Town Hall, Main
Road, Southold, New York, on ' Sherley Katz, being duly sworn, says that she is on
November 15, 1977 as follows:,
3:30 P.M. o'clock in the j Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
matter of the application of i o public newspaper printed at Southold, in Suffolk County;
Albert L.DeLauro for a permit
under the provisions of the ` and that the notice of which the annexed is a printed copy,
Wetland Ordinance, of- ,the
Town of Southold for permis- has been published in said Long Island Traveler-Watch-
sion to extend"and,re-enforce
man once each week for ..........j................... weeks
bulkhead return to., prevent
P erosion of soil.into channel, successively, commencing on the ..
I approximately,20 cubic yards "'""""""""""""""""
+ of fill to restore original grade day of ... /�� 19
i at Town .Harbor, Southold,; """"" """""'' "/
"'
New York. .
' 3:45 P.M. o'clock in the
matter of the application. of .....
•••
'Eleanor L. Ruch, as Executrix•
of the Estate of Valentine
Ruch, IV, deceased, -for -a
permit under the provisions 4-
the Wetland Ordinance of;the, f Sworn to before me this .......
Town of Southold for permis-, V day of
sign to deposit approximatel
1500 cubic yards,of clean fill to";_ "' ""' "' """ """' 19.21.
"
secure•a 5 ft. elevation in,an
area between Middle Road i
j and a line determined to>be
100 ft. from the ordinary_high i Q �/
watermark of Arshamomaque .................. ..... . ..............................................w
Pond, Southold, New York. ' No ry Public
All persons interested in
I said matter shall appear at the
time and place above specified �ua�rH PENTON
and will be given an opportun- •.UTARI vUBLIC, State of IdeW York
ity to be heard. ° No. 52-1195150
Qualified in Suffolk Cound►
DATED: Ocotber 11, 1977 Commission Expires March 30, 19J4—
BY
0, 1BY ORDER OF,THE
SOUTHOLD TOWN BOARD.
LEGAL NOTICE COUNTY OF SUFFOLK. ]
NOTICE OF STATE OF NEW YORK, J ss:
HEARING
NOTICE IS HEREBY GIVEN Stuart C. Dorman
THAT public hearings will be . . . . . . . . . . . . . . • . being duly Sworn,
held by the Town $oard of the he• I
Town of Southold at the Southold says that , is Printer and Publisher of the SUFFOLK
Town Hall,Main Road, Southold, WEEKLY TIMES, a newspaper published at Greenport, in said
New York, on November 15, 1977 -� lip P P
as follows: - county; and that the notice, of which the annexed is a printed
——3:30 P.M.,O'clock in?the matter-. l
of the application "of Albert.L. copy, has been published in the said Suffolk Weekly i Times
DeLauro for a permit tinder the
provisions of the Wetland Or j once in each week, for . . . . • • • n rie •(1)• weeks
dinance of.the Town of Southold 1 Third
for permission-to-,extend;and.re- I successively commencing ori the . . . . . . . . . . . . . . . . . . . . . . . .
enforce bulkhead- return to
prevent erosion of soil into Jday of . . .No 19. .77
channel, appr6ximately--20 cubic7 . . . . . . . . . . . . . . . . . . . . . . . . .
_yards of_fill to' restore original
grade at Town Harbor, Southold, Sworn to before me this . . . . . . . . . ;
New York. - wnlykv�. 19./ -7• 1
3:45 P.M. o'clock in the matter day of
of the application of Eleanor L.
Ruch, as Executrix of the Estate • • • • • • ' • • • • • •
f of Valentine Ruch, IV, deceased, I . . `
.�. . . . .� •'•
for a permit under the provisions �
of the Wetland Ordinance of the
Town of Southold for permission i NANCY R. DOUGLASS
to deposit approximately 1500 NOTARY PUBLIC,State of New Yodc
cubic yards of clean fill to secure Rosiding in Suffolk County
Clks. No. 52-6086685 ��
a 5 ft. elevation'in an area bet- Commission Entrroa March 30,15�..1G
ween Middle Road and a line
determined to be 100 ft, from the
ordinary high water- mark of
Arshamomaque Pond, Southold,
New York.
All persons interested in said
matter shall appear at the time
,and place above specified and
mill hu ai—,—n........+... ._ t-
JUDITH T.TERRY TELEPHONE
TOWN CLERK ` �` f (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
August 31, 1977
Deputy Supervisor Louis M. Demarest
Southold Town Board
Southold Town Hall
Main Road
Southold, New York 11971
Dear Deputy Supervisor Demarest:
Transmitted herewith is application no. 31 for a
wetland permit submitted by Eleanor Ruch.
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 truly yours,
udith T. Terry
Town Clerk
JTT/bn
cc :file
Ur
h K
JUDITH T.TERRY U _ r. TELEPHONE
Town CLERK �v (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. L, N. Y. 11971
August 31, 1977
Mr. Frank Kujawski, Jr® , Chairman
Southold Town Conservation Advisory Council
Mattituck, New York 11952
Dear Mr. Kujawski®
Transmitted herewith is application # 31 for a
wetland permit submitted by Eleanor L. Ruch.
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,
4udith To Terry
Town Clerk
JTT/bn
cc:file
K
JUDITH T.TERRY w TELEPHONE
TOWN CLERK (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
August 31, 1977
Mr. Alvah B. Goldsmith . Chairman
Southold Town Trustees
Southold Town Hall
Main Road
Southold, New York 11971
Dear lair. Goldsmith:
Transmitted herewith is application no. 31 for a
wetland permit submitted by ]Eleanor Ruch.
Please prepare a written report of findings and
recommendations with repsect to this application and
submit said report to the Southold Town Clerk within
20 days of receipt of this letter.
Very truly yours,
ud.ith T. Terry
Town Clerk
JTT/bn
cc:file
,h
Town Of Southold
Town Clerk's Office
Southold, N. Y.
APPLICATION FOR WETLANDS PERMIT
Application No. �.................... Date of Application July 25 1977
.... .......... .........t..........................
- ELEANOR L—RUCH, as Executrix of the
Identity of Applicant .....Estate ,of VALENTINE RUCHEIV, deceased
....................................... ........
...........................
Address of Applicant .Ruch Lane, Southold, New York
APp t ................................................................................
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 same 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 revolted 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 ll, 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.
.i
Examined .................................................. 19.......
Approved ................................................................
Disapproved ...........................................................
Conditions, if any ......................................................... .................................................. ..............
..................................................................................................................................................................
.................................................................................................................................................................
ExaminingBody .....................................................................................................................................
Signatureof Chairman .........................................................................................................................
APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County,
New York, for the issuance of 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 7vdeposit+approximately 1500 cubic yards of clean fill
to secure -a 5 eleation in an area betw66rii"MicTc`lle"RoA7c1M(T-W-ITM
line determined to be 100' from the ordinary high water mark of
....................................
..... ....................... ....... ...................................................................................
,.Ars�amomoque fond
Location of property for which permit wanted.......Mid dle Road (C. R. 27),
....................................................................
Southold, New York
.................................................................................................................................................................
Home address of permit applicant if different from aforesaid location ..............................................
..................................................................................................................................................................
Creek, Bay or Harbor fronting property ..,,Arshamomoqu.. .Pond. ... ..
..................................................................................................................................................................
Size of proposed work:
Length .....285 feet............................................................................................................................
Width ......Between 100 feet and 200 feet........................................................................
HeightAbove High Water .....................................................................................................................
DepthBelow Low Water .........................................................................................................................
Yardsto be Excavated ...........................................................................................................................
Yards to be Filled approximately 1500 cubic yards
...................................................................................................................................
Width of canal, creek or bay fronting property.....80. feet,..:more.,or,.:less........................
Depthat Low Tide .................................................................................................................................
AverageRise in Tide .............................................................................................................................
a Private
Is this for private or business use? .........................................................................................................
Residential "A"
AreaZoning .............................................................................................................................................
Manner in which material will be removed or deposited ......By truck
...load. ...and
............... .... .... ......................... .
bulldozed to grade
..................................................................................................................................................................
Intended use of property Residential lot
.................... ..................................................................................................
.........,........................................................................................................................................................
Written consent of owner of property, if not the same as the applicant ........................................
.........................................................................................................................................................
........................................................................................................................................................
COUNTY OF SUFFOLK ) SS:
STATE OF NEW YORK )
-ELEANOR L. RUCH
.......................................... .......................................................................... 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.
....... ! ................................
Signature of Applicant
Sworn to before me this 25th
77
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JUDITH T.TERRY 17 TELEPHONE
TOWN CLERK 1 765-3783
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
December 22, 1976
Richard Cron, Esq.
-Main Road
Cutchogue, New York 11935
Dear Mr. Cron:
With respect to the hearing held on the request of the
Estate of Valentine Ruch, IV, relative to a Notice of Violation
of the Wetland Ordinance of the Town of Southold, the following
resolution was adopted by the Southold Town Board at a regular
meeting held on December 7, 1976:
"WHEREAS, the Building Inspector, heretofore served a
notice of violation upon the Estate of Valentine Ruch,
IV, pursuant to Section 97-31 of the Wetland Ordinance
of the Town of Southold, and
WHEREAS, this Board held a hearing with respect thereto,
pursuant to Section 97-32 of said Ordinance, and
WHEREAS, it appears that the New York State Department
of Environmental Conservation, in its consideration of
a permit application with respect to said premises, found
that wetlands did exist in the area to be filled, but
determined that the filling thereof would not cause
irreparable damage to the water;
And it further appearing, upon a personal inspection
caused to be made by this board that wetlands are present
in the area to be filled and therefore a Wetland Permit
should be applied for,
NOW, THEREFORE, BE IT RESOLVED that the Notice of Violation
of the Building Inspector is being sustained and it is further
RESOLVED that the Estate of Valentine Ruch IV apply for and
obtain a wetland permit before conducting any further filling
and/or construction work to be conducted on the premises in
question. "
Applications for a wetland permit are enclosed herewith.
Very truly yours,
Judith T. Terry"
Town Clerk
WETLAND VIOLATION - ESTATE OF VALENTINE RUCH IV - NOVEMBER 23, 1976
A hearing was held at the Supervisor' s Office, 16 South Street,
Greenport, New York on November 23, 1976. The hearing was
scheduled for 10:00 a.m. and was commenced at 10:25 a.m.
Present were :
Supervisor Albert M. Martocchia
Justice Louis Demarest
Justice Martin Suter
Councilman James H. Rich, Jr.
Councilman James F. Homan
Robert Tasker, Esq. , Town Attorney
Richard Cron, Esq. , Attorney for the Ruch Estate
Mrs. Valentine Ruch IV
Valentine Ruch V
Supervisor: We will call the hearing to order. It' s according
to an action of the Building Department versus a piece of land in
the Ruch Estate. They were cited for a violation. The attorney
for the property owners has appealed to have the action rescinded.
Richard Cron: If it pleases the Board, I am appearing in behalf
of the applicant, which in this instance is the Estate of Valentine
Ruch, who as this board is aware if now deceased. The property
in question, if you will examine the exhibits next to our notice
for demand for this particular hearing, is located off the Middle
Road across from Long Island Sound in the Hamlet of Southold. I
think it is important that the Board realize from the outset that
what was done here was done in accordance with all applicable;,laws,
rules and regulations, insofar as they pertain to the Environmental
Conservation Law of the State of New York. Back in July of 1976,
Mr. Ruch made application under the Environmental Conservation Law
to the Regional Permit Agency, to wit, Mr. Larkin, at the Offices
of the DEC in Hauppauge, New York for a permit to fill in these
particular lands which are described in the survey which is annexed
to our demand for this hearing. The basis for the permit was
because the lands in question were within 300 feet of tidal waters
and the elevation in question was less than 10 feet as prescribed
by the Environmental Conservation Law and the rules and regulations
pertaining thereto. There was never any indication on Mr. Ruch' s
part or anybody else' s part at that time that there was any
wetlands whether defined under the state law and, presumably,
under the Wetlands Ordinance in the Town of Southold as far as
they would exist in the area that was contemplated to be filled.
The application was submitted to the DEC, Mr. Larkin, himself,
I think, and perhaps another came out and made a thorough
examination of the site and the area in which the proposed fill
was to take place. Mr. Larkin had the very survey that is annexed
to our papers here. The property was walked. The property was
examined and, on the basis of these examinations by the Department
of Environmental Conservation, it was determined by that party
that, in fact, no wetlands existed in the area in•which 'the
proposed fill was to take place. So, if it pleases the Board, at
that point, there was absolutely no basis to proceed to make any
RUCH WETLAND VIOLATIC -2- Nove �r 23, 1976
application to the Town of Southold under their wetlands
ordinance because, at that point, certainly there was no
evidence of tidal wetlands. All that was being done was to
fill in a piece of property. Now, Mr. Larkin gave to Mr. Ruch the
very necessary permit to fill in the particular area that he
requested. The permit was predicated on the fact that there were
no tidal wetlands within the area that was proposed to be filled.
In accordance with that permit, Mr. Ruch then proceeded to contract
with a local contractor to have the particular area filled. Now,
as it so happens, sometimes most unfortunately, a neighbor who
apparently had an axe to grind made some kind of a verbal complaint
to the Department of Environmental Conservation. The Department
of Environmental Conservation came out again and this time they
decided, well, there was an area, and it' s not clear, and it' s our
position that the area was not within -the area to be filled, that
had some degree of tidal wetlands. We refused to abide by their
determination and the matter then went on to Albany. Albany,
then, wrote back and said 'no, we are reinstating the original
permit that was issued to fill in the property' and that was it.
So, at that point, we are still not concerned with any tidal
wetlands insofar as they might exist within the area that we
propose to have filled. Well, to and behold, maybe it' s the same
neighbor, I don't know, in any event, another complaint comes in
to the Town of Southold and, at this point, we are served with a
violation, we are told to desist and not perform any more with
respect to our filling operation. As a result thereof, we then
brought this"matter on to hearing before the Board. Our position
is that as set forth in our demand for this hearing in all of its
respects. We don't believe that we are subject to the ordinance
or the Wetlands Ordinance of the Town of Southold. We have fully
complied with the Department of Environmental Conservation. We
have fully complied with the Environmental Conservation Law of
the State of New York and, frankly, I think it' s nothing more on
the part of a neighbor to harrass and annoy the Ruch' s in fulfilling
that in which they have a legal right to do and I don't think this
Board should'-be a party to that type of action. For all of the
reasons that I have stated, I would ask that this Board forthwith
rescind the notice of violation so the Ruchs may complete the
project for which they have a valid permit to do so.
Supervisor: I have one question. The question I have is do you
have a permit of any type? You said you had a permit.
Mr. Cron: It ' is ' annexed to my papers.
Supervisor: I don't see it. I see here where it says 'no permit
necessary' .
Mr. Cron: That ' s it. They say absolutely no permit is necessary.
There are no wetlands. That' s our permit to go ahead and build.
They are saying that we don't require a permit, there are no wet-
lands.
Supervisor: Once you mentioned you had a permit. What I have
here says no permit is necessary.
RUCH WETLAND VIOLATIC -3- Nove �r 23, 1976
Mr. Cron: It is our permit to build. It' s our authority to
build, but no permit was required. The state examined the lands
in question. They found no wetlands in the area in which we
proposed to fill. Let me say this. I am sure this Board is well
aware of the fact that if there were any tidal wetlands in that
particular area to be filled, the applicant would have had to
post an undertaking with the DEC, it would have had to be published
in a newspaper in the area and any complaint that would have been
forthcoming from other than the DEC, a public hearing would have
been held. Moreover, if there was any complaint on the part of
the DEC to the proposed project, they too would have insisted
upon a hearing. They are saying, no need for it. If there is
no need for it under the Environmental Conservation Law, I submit
there is certainly no need for it under the Wetlands Ordinance of
the Town of Southold, because the Town of Southold Wetlands
Ordinance does not exist exclusive of the Department of Environ-
mental Conservation.
Supervisor: Anyone else?
Mr. Tasker: What is annexed to your papers, the original decision
of the DEC?
Mr. Cron: I think we annexed a photocopy.
Justice Demarest: There is a letter signed by Larkin.
Mr. Cron: This is dated August 5, 1976.
Mr. Tasker: You indicated that you had another determination
from Albany. Will you submit that to the Board?
Mr. Cron: Surely, if you want to make a photocopy of it. I have
no objection to your photocopying that and making it a part of
the record.
Supervisor: Do any of the Board members have any questions?
Justice Suter: To your knowledge, at any time was any application
made to the Planning Board or the Board of Appeals in regard to
this property? Were there any agreements or understanding?
Mr. Cron: To my knowledge, no. Not to my knowledge.
Mrs. Ruch: Following that, we were approved a subdivision to go
ahead and build on one acre lot that before our subdivision was
broken into smaller lots and we changed and now there are only
two pieces. One was just last year and this piece that' s in
question and that' s what it is.
Supervisor: Was this a minor subdivision?
Mrs. Ruch: Yes.
Councilman Rich: Do you have any map of the property -&,_-,can refer
to?
Justice Demarest: There ' s no map.
Justice Suter: Is there any map of the property?
RUCH WETLAND VIOLATIO -4- Novei r 23, 1976
Mr. Cron: Do you want to make a copy of the map. I don't know
why it' s not there. I might add, if I may, that with respect to
this letter of October 7th from the DEC, where after a complaint
of a neighbor they allegedly find some area on this entire lot
that has some marsh area that might be defined as tidal wetlands
under the regulations and law of Environmental Conservation, how-
ever, I would point out to you that what they do find is of such
insignificance that it has absolutely no bearing on the tidal
wetlands and, certainly I would submit, would have no bearing in
that regard on any of the standards that are set forth under the
Wetlands ,Ordinance of the Town of Southold.
Supervisor: I had some comment from the people that went to
review the property that was retained by us, I guess, that his
objection wasn't that much. Paul Stoutenburgh, I think it was.
Paul Stoutenburgh reviewed the property and he is supposed to be
an expert in this particular field of endeavor and he thought,
as a suggestion, perhaps so it wouldn't go further out where there
is a little touch of wetlands, perhaps, a bulkhead could be put
in or something like so you would end and you couldn't go any
further and that would be a suggestion on his part.
Mr. Cron: Let me respond to that, if I may. If you look at the
survey and you will have it. I am sorry it wasn't annexed to the
papers. If you will look at the survey, there is a large setback
from the water' s edge. We are in no way near the water' s edge.
The area exists, if anywhere, exists closer to the water. A
bulkhead is absolutely unessential because it' s all upland from
that point on9 from the road right on almost down to the water' s
edge. As a point of historical information with respect to this
application, the lands to the west here that, I believe, are
owned by a chap by the name of Haas. He, a long time ago, probably
before the advent of the Environmental Conservation Law, filled
in his lands with County sanction, I am told. The County, in
order to provide proper drainage, had him install a pipe which
drains in to the subject parcel here and which, to an extent, has
caused a marsh area on the bordering edge of the water. It' s
not something that developed because of the low-lyingness of the
area. It came about because of what man had done. But, in,�,terms
of a bulkhead, it is utterly ridiculous because you will be bulk-
heading all upland and that' s unessential.
Justice Suter: What are there, two areas? Larkin is in control
of what? 300 feet from. . . .
Mr. Cron: 300 feet from the water' s edge and an elevation of
less than 10 feet. Then, you have to make application for any
filling of any land, any construction. That' s under the
moratorium business. We are not filling in any of that area.
Councilman Homan: According to this map, your fill line is
approximately 100 feet from the highwater mark?
Mr. Cron: Yes. That' s all upland area.
RUCH WETLAND VIOLATIO -5- Novei r 23, 1976
V
Councilman Rich: Is the work completed?
Mr. Cron: Almost, it is 99% complete at the time we were told
to stop.
Councilman Rich: What I am really driving at is would you be
getting closer to the wetlands if you completed it?
Mr. Cron: Infinitessimal, maybe a foot.
Councilman Rich: That' s what I wanted to know. You don't have
to' go another 25 or 30 feet?
Mr. Cron: No.
Justice Suter: All they need is an inch.
Mr. Cron: That' s about it. We don't even need any more fill.
It' s just a matter of spreading what we already have there to
complete the project. _
Supervisor: Grading it out?
Mr. Cron: That' s it, pretty much.
Supervisor: Bob, do you have anything? Any other comments from
the people that are with you?
Mr. Cron: I don't think any other comment will be forthcoming.
Supervisor: Any questions that the Board would like to direct to
Mr. Cron. I will call the hearing to a close and the Board will
review the subject property and we will have a decision very
shortly.
Mr. Cron: Thank you very much.
Respectfully submitted,
Muri Brush Secretary
-------------------------------------X
In the Matter_ of ( ecfa1
Notice of Violation of Wetlands
Ordinance- of the Town of Southold
i
-against-
The
against-The Estate of
VALENTINE RUCH, IV
-------------------------------------X
TO: THE TOWN BOARD OF THE TOWN OF SOUTHOLD
PLEASE TAKE NOTICE that the undersigned as attorney for
ELEANOR RUCH, Executrix of the Estate of VALENTINE RUCH, IV, deceased,
by virtue of a Notice of Violation served by mailing, a copy of which
is hereto annexed, does hereby demand a Hearing upon said Notice of
Violation before the Southold Town Board pursuant to Section 97-32(A)
of the Wetlands Ordinance of the Town of Southold. I
i
PLEASE TAKE FURTHER NOTICE that the said undersigned does
hereby demand that said Notice of Violation be forthwith rescinded for
i
the following enumerated reasons :
r
(1) That said VALENTINE RUCH, IV, now deceased, had on or
about July 12, 1976, made application to the New York State Department
of Environmental Conservation pursuant to Section 25-0202 of the Envir-
onmental Conservation Law for a permit for alteration of the state of
Tidal Wetland or Adjacent Areas . Said application was carefully re-
viewed, including on-site inspections by the office of Daniel J. Larkin,
RICHARD J. CRON - COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
i
Local Tidal Wetlands Permit Administrator, and as a result thereof a
finding was made by the Department of Environmental Conservation that
indicated no presence of Tidal Wetlands in the area proposed to be
filled by the applicant, as evidenced by the copy of letter of Daniel
J. Larkin dated August 5, 1976, annexed hereto and made a part hereof.
In the absence of an affirmative determination of the existence of
wetlands on the applicant' s property, no application for a Permit under
the Southold Town Wetlands Ordinance was required.
(2) That the applicant denies the existence of any wetlands
as defined in the Southold Town Wetlands Ordinance in the area proposed
to be filled.
(3) That even if such wetlands, as defined in the Southold
Town Wetlands Ordinance, were found to exist in the area proposed to be
filled, its loss by filling would not cause irreparable damage to the
adjacent waters or violate any of the Standards set forth in Section 97-
28 of the Southold Town Wetlands Ordinance.
(4) That Article 25 of the Environmental Conservation Law
does not grant to local government, by reservation or otherwise, juris-
diction over any Tidal Wetlands within its boundaries . In the light
thereof, provisions for the alteration of tidal wetlands by Permit rest
solely within the powers of the State of New York as set forth under
Article 25 of the Environmental' Conservation Law and Part 6601 Tidal 6,
2 -
RICHARD J. CRON - COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
Official Compilation of Codes, Rules and Regulations of the State of
New York.
(5) That in the absence of a mutual agreemEn t, pursuant to
Section 660. 13(b) of Title 6, the Town of Southold cannot compel the
applicant to file a separate application for a Tidal Wetlands Permit
under the Southold Town Wetlands Ordinance. To hold otherwise, would
subject the applicant to on e rous and needless duplicity of effort and
expense, and which might of necessity, compel the applicant to seek a
judicial remedy to set aside an invalid, illegal, arbitrary and capri-
cious ruling by the Town of Southold if it were contrary to that of the
New York State Department of Environmental Conservation.
(6) That the Town of Southold had knowledge of the fill
operations of the lands of the applicant and the existence of the Permit
to do so by the Department of Environmental Conservation, and therefore,
it is now estopped from denying applicant the right to complete said
fill operations pursuant to the valid and existing Permit granted by
the Department of Environmental Conservation.
(7) That the Southold Town Wetlands Ordinance is in violation
of the provisions of the Constitutionsof the United States and the State
of New York and that no provisions are made therein for judicial review
by an aggrieved person and/or compensation in the event that a deter-
mination of the Southold Town Board might constitute the equivalent of
3 -
RICHARD J. CRON - COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
a taking of land without just compensation.
Dated: November 4, 1976
RICHARD J. CRON, ESQ. , as
Attorney for Eleanor Ruch,
Executrix of the Estate
of Valentine Ruch, IV
Main Road
Cutchogue, New York 11935
734-5100
RICHARD J. CRON - COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
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B ,i 1ding 40 a August 5, 1976. �� •
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Stony :;rook, 11:,:w York% n794 $
Peter AA Berle
Mr. Valentine Ruch the 4T ;
N.Y. State Dept. of Envirotental Conservation =
Building 40, SUNY ,
Stony Brook, New York 1179
Re: Petition No.
TW 15277-0090 A
Gzntlemen:
Your petition for a Tidal I tlands Moratorium- :':rmit ,has been_
reviewed by this office. . As a res Jt, we -have determined that
construction of a one-family dwelljhg on parcel on s/s Middle
Road, 136' west of Ruch Lane., Arshanomque, Town of Southold,
New York.
u no adverse efrecr upon x1j acen- tidal wetlands.
-•:�11 h•�v �
There is to be no construction, fill or disturbance of
vegetation within 100' of the line of MHW.
?n-2rcfore, -.ursi:ant to Section 25-0202 of the i_:ivironment-al
Conservation Lasa and 6 n ,'Cra, Part 660.3 (c) , you aro :hereby notified
that r_o permit will be r-ezassary.
__ :.c Dy cf t'14 s detertlinatior. :, sst be available at the job site
_f_mes wring construction activity.
Ve trul ot7ff'
DANIEL J. LAW,IN
Loc:11 'Tidal "4etlancls 1'urmit Adiltinist-rator
DJL:sir,
cc: Corps of inIgineers, New York District
Lours M. Concra
New York State Department of Er, � onmental Conservation Ei� ...:; .
Building 40
SUNY Campus
Stony Brook, NY 11794
Peter A. A. Berle
Commissioner
August 26, 1976
Mrs. Valentine Ruch IV
Shorecrest (27A at Ruch Lane)
Southold, NY 11971
Re: TW 15277-0090 'A°
Dear Mrs. Ruch,
As -a result of complaints received from neighbors, we have re-inspected
the parcel of land on Middle Road (C.R. 27), north of Arshamomoque Pond,
Southold. We have found that a strip of wetlands extends into the property
beyond the area originally restricted from filling. We must therefore rescind
our previous approval granted in our August 5; 1976 letter.
We would like to discuss with you at your earliest convenience the extent
of filling necessary to construct a home on the property. We are hopeful that
this still will be possible while preserving much of the wetlands on the parcel.
We regret any inconvience this change may cause you and look forward to
arriving at a mutually agreeable solution.
Yours truly
J
�Dannie J. Liar in�-
Regional Supervisor nvironmental Analysis
DJL f cr
New York State Department o ivironmental Conservation
50 Wolf Road, Albany, New York 12233 3•�
Commissioner
Peter A.A. Berle
October 7,- 1976
Mrs. Valentine Ruch IV
Shorecrest (27A at Ruch Lane)
Southold, NY 11971
RE: TW-15277-0090"A"
Dear Mrs. Ruch:
By letter of August 5, 1976 you were advised by Daniel Larkin, Regional
Permit Administrator at our Stony Brook Regional Office, that construc-
tion of a one-family dwelling on your parcel at Middle Road, Arshamomoque,
Town of Southold would have no adverse effect upon adjacent tidal wetlands
providing there was no fill, construction or disturbance of vegetation
within 100 feet of the line of mean high water.
Mr. Larkin was subsequently made aware of an objection to your project
and he, by letter of August 26, 1976 rescinded the August 5 letter. A
field investigation had indicated that fill was being placed in an area
which contains certain species of vegetation which are indicators of tidal
wetlands and protected by Article 25 (Tidal Wetlands) of the Environmental
Conservation Law. Our original field inspection on July 30, 1976 had not
indicated the presence of tidal wetlands, except for a 20 foot fringe
along the shoreline. The marsh area was apparently overlooked or perhaps
misjudged.
Further investigation by staff, on August 23, confirmed the presence of a
tidal wetland but it has been determined that its loss would not cause
irreparable damage to the water provided no filling or bulkheading is
permitted of the outer fringe. Since you have expended funds in securing
fill material and some fill had actually been placed prior to Mr. Larkins
August 26 letter, you are hereby advised that the Larkin letter of August 5
is. hereby reinstated and you may continue the fill in accordance with that
letter.
V y trrruly yours,
Louis M. Concra, Jr.
Central Tidal Wetlands
Permit Administrator
cc: Samuel J. Glickman
Daniel Larkin
j
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ID
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7eof
Ocala
/ - UNAUTHORIZED ALTERATION OR ADDITIt
I TO ThIS SURVEY IS A VIOLATION OF
C1 - h•7Qcltjrrt�tlf - _ - :--
SECTION 7209 OF ThE NEW YORK STAT
r
EDUCATION 4.W.
:
COPIES OF THIS SURVEY MAP NOT BEAR
THE LAND SURVEYOR'S !NK-D SEAL OR
EMBOSSED SEA!SHALL N..T BE CONSIDE
TO BE A VALID TI;L'E•--SPY.-
1 - - GUAPANTEES .NDICATC: `.EREO",SHALL
ONLY TO TAE ,E,SOI1 FO- WiIOM THE
' 15 FREPALEC, A,.D at,H:S C:HALF TO T'
- - - TITLE COtAFANY, GOVERNMENTAL AGEN-
- LLND1>.G I.:STiTUTION LISTED HEREON,A
TO THE ASS'GINEES OF THE LENDING INS
TUTION. GUAKANTECS A:E NOT TRANSFr
TO ADDITIONAL INSTITUTIONS OR SUBS
OWNERS.
elaA
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-
FORM NO. 5
BUIOING DEPARTMENT
TOW , CLERK'S OFFICE
ORDER TO R. EDY VIOLATION
November 2 76
-'
Estate Of ,al"n"i^�. -Ruch.c/ '
wner or authorized agent of owner)
(address of owner or authorized agent of r) '- - -
PLEASE TAKE NOTICE there exists a violation \Of.k
Zoning Ordinance ............................................
Wetland. ordinance
Other Applicable Lown Ordinances or Regulations' ............................................
-�TT has been' oT8c8d or- wetlandsas definedot premises hereinafter described in that - - � .
-.------. ..------------_--.____.__
(state character ofviolation)
in South0ltI. Town 1,-;,-e-Gland oI^6fnanc8x without obtaining a permit from '
Southold Town Board
---- ...............................................
in violation of _.�a�.--^Dtar 9section 7-20 of Art TT , OOd8 OTown of Southold----'�'/7---------�'�-------------'----f.---.------.-
(State section or paragraph of applicable low, ordinance orregulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the low and to remedy the
conditions above mentioned forthwith on or before the ...............tlz-i�- d �
-.--.(�=)..............................
�8ozr�z�>�� �b
day of .................N.
The premises pmmoisos to which this ORDER TO REMEDY VIOLATION refers are situated at
8I8 CR27
�o��bo��
/6 Ruch La (3-- I6iII Greek
_..':.�.----'-...--_.-_.-`-----^_________[ounty of Suffolk, New York.
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of low
may constitute on offense punishable by fine or imprisonment or both.
Jy
� {_~-m�' �~ .~
. --�-�----.----------. -..--.--
�
Building Inspector
�
'
- - ` '- - ------`--------- - - - ` `-
Env-roi:::e:ital Analy lln_e
4 L•.iildin;, 40 s August 5, 176.
SU:;Y Ca:aPus ;
C),Sony ;�raok, New York 11794
Peter AA+Berle
Mr. Valentine Ruch the 4T�
N.Y. State Dept. of Envirovental Conservation
Building 40, SUNY �
Stony Brook, New York 1179§
ria: Pecition No.
TW 15277-0090' A
G.:ntlemen;
:'ouretition for a Tidal I `tlands moratorium, _' rmit has been
P •- -
raviewe.'_ by this office. . As a res ilt, we-have determined that
construction of a one-familw dwelli�g on parcel on s/s Middle
Road, 136' west of Ruch Lane, Arshamomque, Town of Southold,
New York.
cz upon aJ 'acen- tidal wetlands.
r,��� no �dvcis� of=e p ,7
There is to be no' construction, fill or disturbance of
vegetation within 100' of the line of MHW.
T'ncraforc, .ursi:an . to Section 25-0202 of the Environmental
o:lse;vati or.yI_aca acid o r^'CI'.�R, Part 660.3 (c) , you are :iereby notified
that no permit will be necessary.
cny of t:�-s determination :,:ust be available at the job site
all _`.-:-::es aur:ng construction aot�vity.
Ve t ul o
DANILL J. L&P\XIN
Local Tidal �4etland4 l'unnit Administrator
DJL: sm
cc: Corps of Engineers, ',ew York District
Lows M. Concra
STATE-OF NEW YORK _ _ -
'' CC•___r COUNTY OF -SUFFOLK
In, the Matter`, ofED
✓ _ _ _. _
Notice of Violation of Wetlands EC_EMED AND -F-IL_ Y
- Ordinance of the -Town of Southold, - ; - THEE SGUTHQLD. TG- ':TII
= DATA.7� -7 IiOT.�R
_ -against*--; _; _ :F -
The -Estate of:
.VALENTINE-,"RUCH9 IST,
Town Clerk, Town of ScuLhold
DEMAND FOR HEARING
To
Attorney(s) for
Service of a copy of the within is hereby admired.
Dated,•
Attorney(s) for
Sir:-Please take notice
` NOTICE OF ENTRY.
that,the within'is a (certified) true copy of a
r- duly`entered in the office of a clerk of the within named court on -- -,_ - u 19'
NOTICE OF SETTLEMENT 4 - -� _ - - - '- \ - - �• •- -" -that an order of which-the within is a true copy will be presented for- settlement to the HON.-
one of thejudges of the within named Court,
at _ -on the _ day of 19 at M
Dated,
Yours, etc.
_ - - RICHARD J CRON
Attorney for Eleanor Ruch as Executrix - '
of the Estate of �alentine_ Ruch; IV =
Office and Post Office Address -
_
To
Main Road -
CUTCHOGUE, NEW YORK
Attomey(S) for y TEL. 516,734.5100
12
QFFI ORK
t T O SOUT14--
�h t ,
y tL ,
JUDITH T.TERRYtyFTELEPHONE
TOWN CLERK � 765-3783
REGISTRAR OF VITAL STATISTICS �Southold, N. Y. 11971 ,
November 10, 1976
Richard J. Cron, Esq.
Main Road
Cutchogue, New ,York 11935
Dear Mr. Cron:
The Southold Town Board will hold a hearing on
'ovember 23, 1976 at 10: 00 A.M. upon the request of
v Eleanor Ruch, Executrix of the Estate of Valentine
Ruch IV, with respect to the Notice of Violation
of the Wetlands Ordinance of the Town of Southold.
Very truly yours,
Judith T. Terry
Town Clerk
A' r 7 �M
-------------------------------------X
,F
ro , ern ., �v
In the Matter_ of
Notice of Violation of Wetlands
Ordinance of -the Town of_ Southold _
-against-
The Estate of
VALENTINE RUCH, IV
-------------------------------------X
TO: THE TOWN BOARD OF THE TOWN OF SOUTHOLD
PLEASE TAKE NOTICE that the undersigned as attorney for
ELEANOR RUCH, Executrix of the Estate of VALENTINE RUCH, IV, deceased,
by virtue of a Notice of Violation served by mailing, a copy of which
is hereto annexed, does hereby demand a Hearing upon said Notice of
Violation before the Southold Town Board pursuant to Section 97-32(4)
of the Wetlands. Ordinance-of the Town of Southold.
PLEASE TAKE FURTHER NOTICE that the said undersigned does
hereby demand that said Notice of Violation be forthwith rescinded for
the following enumerated reasons :
(1) That said VALENTINE RUCH, IV, now deceased, had on or
about July 12, 1976, made application to the New York State Department'
of Environmental Conservation pursuant to Section 25-0202 of the Envir-
onmental Conservation Law for a permit for alteration of the state of
Tidal Wetland or Adjacent Areas . Said application was carefully re-
viewed, including on-site inspections by the office of Daniel J. Larkin,
RICHARD J. CRON - COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
I
i
I
Local Tidal,Wetlands Permit Administrator,' and as a resu'1t' thereof a
finding was made by the Department of Environmental Conservation that
I
indicated no presence of Tidal-Wetlands -in-;the area proposed to be
i�
filled by the applicant,. zs evidenced by the'�copy: of -letter,-of Daniel
J. Larkin dated August- 5; 1976; annexed hereto and made a part•,hereof.
In the absence of an- affirmative determination of the existence of
wetlands on the applicant' s property, 'no application for a Permit under
the Southold Town Wetlands- Ordinance was required.- ,; _
,-(2) . - That- the applicant denies the existence of any. wetlands
as defined in the Southold Town Wetlands Ordinance in the area proposed
to be` filled. _ y
=(3) 'That-even if such wetlands., -as defined in the- Southold
Town Wetlands 'Ordinance, .were found to, exist -in the :area proposed to be
filled,, its loss- by -filling 'would -not cause irreparable damage to the
adjacent waters or violate any, of the Standards set forth in Section 97-
28 of the "Southold Town Wetlands Ordinance.
(4) That Article 25 of the Environmental Conservation Law
does not grant to local government, by reservation or otherwise, juris-
diction over any Tidal Wetlands within its boundaries . - In the light
thereof, provisions for the alteration of tidal wetlands by Permit rest
i
solely within the powers of the State of New York as set forth under
Article- 25 of the Environmental Conservation Law and Part 660, Tidal 61
2 -
RICHARD J. CRON -'COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
,I
------ ---------
I
i
i
i
Official Compilation of Codes, Rules and Regulations of the State of
New York.
(5) That in the absence of a mutual agreement, pursuant to
Section 660. 13 (b) of Title 6, the Town sof Southold cannot compel the
applicant to file a separate application for a Tidal Wetlandg Permit
under the Southold Town Wetlands Ordinance.' To hold otherwise, would
subject the applicant to onerous and -needless duplicity of effort and
expense, and which might of necessity, compel the applicant to seek a
judicial remedy to set aside an invalid, illegal, arbitrary and capri-
cious ruling by the Town of Southold if it were contrary to that of the
New York State Department of Environmental Conservation.
(6) That the Town of Southold had knowledge of the fill
- I
operations of the lands of the applicant and the existence of the Permit
I
to do so by the Department of Environmental Conservation, and therefore,
it is now estopped from denying applicant the right to complete said
fill operations pursuant to the valid and existing Permit granted by
I
the Department of Environmental Conservation.
(7) That the Southold Town Wetlands Ordinance is in violation
I
of the provisions of the Constitutionsof the United States and the State
of New York and that no provisions are made therein for judicial review
by an aggrieved person and/or compensation_ in the event that a deter-
mination of the Southold Town Board might constitute the equivalent of
i
3 -
RICHARD J. CRON - COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
I
a taking of land without just compensation.
Dated : November 4, 1976
RICHARD J. CRON, ESQ. , as
Attorney for Eleanor Ruch,
Executrix of the Estate
of Valentine Ruch, IV
Main Road
Cutchogue, New York 11935
734-5100
• i
_ •
RICHARD J. CRON - COUNSELLOR AT LAW - CUTCHOGUE, NEW YORK
' i'
TO-VN OF SOUTHOLD —
�t -
BUILhING DEPARTMENT
TOW CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO Rilj EDY VIOLATION
NOVember 2 76
ate ...................................................... .. 19........
Estate Of Valentine Ruch
TO .... ........................................................ .........
(owner or authorized agent of owner)
Horth Road (CR27) & Ruci! Lane Soutrlold
...................:......
........ ...................................................
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of.
Zoning Ordinance ............i.:............
Wetland ordinance
Other Applicable Laws, Ordinances or Regulations\ ............................................
at premises hereinafter described in that !''Iil.l has be. -olaeed. . .. on Za►et1:1145 as defined.......................................
.. ....}en...:
.. ..... .... ..
(state character of violation)
in Southolce. Town ",.retland or i inan,e" without obtaining a permit from
................................................................................•................................................................................
Southoldrfo-wnBoarC�............................... ............................................................................... ,
in violation of ...
Cahpter 97 sect. .ion 97- 20 of iyrt sl , Code of Town of Southold
.......... ....... .... .... ................................................................................................
(State section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith on or before the ..............;t..hird (3)
..............................................
I�oveulber 19. 76
day of ................ .
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
- Southold
SIS CR27 (' Ruch La 8, ill Creek of Suffolk, New York.
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of low
may constitute an offense punishable by fine or imprisonment or both.
.. ... .. ........................ ..................
Building Inspector
Peter AA Berle
Mr. Valentine Ruch the 4T$
N.Y. State Dept. of Envirouental Conservation
Building 40, SUNY
Stony Brook, New York 11794 11
Pecition No.
TW 15277-0090\ A
Your petition for a Tidal We�tlands Moratorium :'ercnit has been '
revie:ae_1 by this office. . As a result, we have determined that
construction of a one—family dwelll�g on parcel on s/s Middle
Road, 136' west of Ruch Lane, Arshanomque, Town of Southold,
New York.
i
i11 hwe no :adverse effect upon a2jaceA tidal wetlands.
There is to be no construction, fill or disturbance of
vegetation within 100' of the line of MHW.
• 'narctorE, 3ursi:an-. to Section 25-0202 of the EnVironmcrltal•
Conse_vati on Law and 6 r,'CI_R, Part 660.3 (c) , you ars hereby notified
that no permit will be nazessary.
-.cny c). t: is detc rainatioz: ::ust be available at the job site
a'_l `wring construction aot:vity.
Ve trul o
tV
DANIEL J. LARICIN
Loc:ll 'Tidal l4etlands Pur:iiit Administrator
DiL: sir.
cc: Corps of rn—ineers, 'Now York District
Louis 1,1. Cancra
Index No. Year 19
STATE OF NEW YORK
COURT COUNTY OF SUFFOLK
In the Matter of T �;
Notice of Violation of Wetlands Ii CEIVE� AND rl�� _
Ordinance of the Town of Southold THE
So OLD TG�':�Id Ci� �.�i
-against-, D 'I'E i7� i�0U1
The Estate of f -
VALENTINE RUCH, . IV �,
Tomm Clerk, Toy., of �OuLlioll
DEMAND FOR HEARING _ l
To -
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated, -
Attorney(s) for
Sir:—Please take notice -
NOTICE OF ENTRY
that the within is a (certified) true copy of a` - -
duly entered in'the office of a clerk of the within named court on 19
` NOTICE OF SETTLEMENT _ ' -
- that an order of which the within is a true copy wtll be presented for settlement to the HON.
one of the judges of the within named Court,
at
on the - day of _: 19 at M
Dated,
Yours, etc.
RICHARD-J. CRON
Attorney for Eleanor Ruch as Executrix
of the Estate of �alentine Ruch, IV_
Office and Post Office Address -
Main Road
To - CUTCHOGUE, NEW YORK -
Attorney(s) for _ TEL. 516,734.5100 — "
WHEREAS, the Building Inspector, heretof re served a notice
of violation upon the Estate of Valentine Ruch IV, pursuant to
Section 97-31 of the Wetlands Ordinance of the Town of Southold, and
WHEREAS, this Board held a hearing with respect thereto,
pursuant to Section 97-32 of said Ordinance, and
WHEREAS, it appears that the New York State Department of
Environmental 'Conservation, in its consideration of a permit
application with respect to said premises, found that wetlands
did exist in the area to be filled, but determined that the
filling thereof would not cause irreparable damage to the water;
And it further appearing, upon a personal inspection caused
to be made by this board that wetlands were present in the area
to be filled and therefor a wetland permit should be applied for,
NOW THEREFORE BE *IT RESO VED that the Notice of Violation
of the Building Inspector is ustained and it is forth
RESOLVED that the Estate of alentine Ruch IV apply for
and obtain a wetlands permit before conducting any further
filling and or construction work be conducted on the premises
in question.
Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
This resolution was declared duly adopted.
� + WETLAND VIOLATION - ESTATE OF VALENTINE RUCH IV - NOVEMBER 23, 1976
A hearing was held at the Supervisor' s Office, 16 South Street,
Greenport, New York on November 23, 1976. The hearing was
scheduled for 10:00 a.m. and was commenced at 10:25 a.m.
Present were:
Supervisor Albert M. Martocchia
Justice Louis Demarest
Justice Martin Suter
Councilman James H. Rich, Jr.
Councilman James F. Homan
Robert Tasker, Esq. , Town Attorney
Richard Cron, Esq. , Attorney for the Ruch Estate
Mrs. Valentine Ruch IV
Valentine Ruch V
Supervisor: We will call the hearing to order. It' s according
to an action of the Building Department versus a piece of land in
the Ruch Estate. They were cited for a violation. The attorney
for the property owners has appealed to have the action rescinded.
Richard Cron: If it pleases the Board, I am appearing in behalf
of the applicant, which in this instance is the Estate of Valentine
Ruch, who as -phis board is aware if now deceased. The property
in question, if you will examine the exhibits next to our notice
for demand for this particular hearing, is located off the Middle
Road across from Long Island Sound in the Hamlet of Southold. I
think it is important that the Board realize from the outset that
what was done here was done in accordance with all applicable laws,
rules and regulations, insofar as they pertain to the Environmental
Conservation Law of the State of New York. Back in July of 1976,
Mr. Ruch made application under the Environmental Conservation Law
to the Regional Permit Agency, to wit, Mr. Larkin, at the Offices
of the DEC in Hauppauge, New York for a permit to fill in these
particular lands which are described in the survey which is annexed
to our demand for this hearing. The basis for the permit was
because the lands in question were within 300 feet of tidal waters
and the elevation in question was less than 10 feet as prescribed
by the Environmental Conservation Law and the rules and regulations
pertaining thereto . There was never any indication on Mr. Ruch' s
part or anybody else ' s part at that time that there was any
wetlands whether defined under the state law and, presumably,
under the Wetlands Ordinance in the Town of Southold as far as
they would exist in the area that was contemplated to be filled.
The application was submitted to the DEC, Mr. Larkin, himself,
I think, and perhaps another came out and made a thorough
examination of the site and the area in which the proposed fill
was to take place. Mr. Larkin had the very survey that is annexed
to our papers here. The property was walked. The property was
examined and, on the basis of these examinations by the Department
of Environmental Conservation, it was determined by that party
that, in fact, no wetlands existed in the area in which the
proposed fill was to take place. So, if it pleases the Board, at
that point, there was absolutely no basis to proceed to make any
RUCH WETLAND VIOLATION -2- November 23, 1976
application to the Town of Southold under their wetlands
ordinance because, at that point, certainly there was no
evidence of tidal wetlands. All that was being done was to
fill in a piece of property. Now, Mr. Larkin gave to Mr. Ruch the
very necessary permit to fill in the particular area that he
requested. The permit was predicated on the fact that there were
no tidal wetlands within the area that was proposed to be filled.
In accordance with that permit, Mr. Ruch then proceeded to contract
with a local contractor to have the particular area filled. Now,
as it so happens, sometimes most unfortunately, a neighbor who
apparently had an axe to grind made some kind of a verbal complaint
to the Department of Environmental Conservation. The Department
of Environmental Conservation came out again and this time they
decided, well, there was an area, and it' s not clear, and it' s our
position that the area was not within the area to be filled, - that
had some degree of tidal wetlands. We refused to abide by their
determination and the matter then went on to Albany. Albany,
then, wrote back and said 'no, we are reinstating the original
permit that was issued to fill in the property' and that was it.
So, at that point, we are still not concerned with any tidal
wetlands insofar as they might exist within the area that we
propose to have filled. Well, to and behold, maybe it' s the same
neighbor, I don't know, in any- event, another complaint comes in
to the Town of Southold and, at this point, we are served with a
violation, we are told to desist and not perform any more with
respect to our filling operation. As a result thereof, we then
brought thi8-matter on to hearing before the Board. Our position
is that as set forth in our demand for this hearing in all of its
respects. We don't believe that we are subject to the ordinance
or the Wetlands Ordinance of the Town of Southold. We have fully
complied with the Department of Environmental Conservation. We
have fully complied with the Environmental Conservation Law of
the State of New York and, frankly, I think it' s nothing more on
the part of a neighbor to harrass and annoy the Ruch' s in fulfilling
that in which they have a legal right to do and I don't think this
Board should be a party to that type of action. For all of the
reasons that I have stated, I would ask that this Board forthwith
rescind the notice of violation so the Ruchs may complete the
project for which they have a valid permit to do so.
Supervisor: I have one question. The question I have is do you
have a permit of any type? You said you had a _permit.
Mr. Cron: It is annexed to my papers.
Supervisor: I don't see it. I see here where it says 'no permit
necessary' .
Mr. Cron: That' s it. They say absolutely no permit is necessary.
There are no wetlands. That' s our permit to go ahead and build.
They are saying that we don't require a permit, there are no wet-
lands.
Supervisor: Once you mentioned you had a permit. What I have
here says no permit is necessary.
RUCH WETLAND VIOLATION -3- November 23, 1976
Mr. Cron: It is our permit to build. It' s our authority to
build, but no permit was required. The state examined the lands
in question. They found no wetlands in the area in which we
proposed to fill. Let me say this. I am sure this Board is well
aware of the fact that if there were any tidal wetlands in that
particular area to be filled, the applicant would have had to
post an undertaking with the DEC, it would have had to be published
in a newspaper in the area and any complaint that would have been
forthcoming from other than the DEC, a public hearing would have
been held. Moreover, if there was any complaint on the part of
the DEC to the proposed project, they too would have insisted
upon a hearing. They are saying, no need for it. If there is
no need for. it under the Environmental Conservation Law, I submit
there is certainly no need for it under the Wetlands Ordinance of
the Town of Southold, because the Town of Southold Wetlands
Ordinance does not exist exclusive of the Department of Environ-
mental Conservation.
Supervisor: Anyone else?
Mr. Tasker: What is annexed to your papers, the original decision
of the DEC?
Mr. Cron: I think we' annexed a photocopy.
Justice Demarest: There is a letter signed by Larkin.
Mr. -Cron: This is dated August 5, 1976.
Mr. Tasker: You indicated that you had another determination
from Albany. Will you submit that to the Board?
Mr. Cron: Surely, if you want to make a photocopy of it. I have
no objection to your photocopying that and making it a part of
the record.
Supervisor: Do any of the Board members have any questions?
Justice Suter: To your knowledge, at any time was any application
made to the Planning Board or the Board of Appeals in regard to
this property? Were there any agreements or understanding?
Mr. Cron: To my knowledge, no. Not to my knowledge.
Mrs. Ruch: Following that, we were approved a subdivision to go
ahead and build on one acre lot that before our subdivision was
broken into smaller lots and we changed and now there are only
two pieces. One was just last year and this piece that' s in
question and that' s what it is.
Supervisor: Was this a minor subdivision?
Mrs. Ruch: Yes.
Councilman Rich: Do you have any map of the property we can refer
to?
Justice Demarest: There ' s no map.
Justice Suter: Is there any map of the property?
RUCH WETLAND VIOLATION -4- November 23, 1976
Mr. Cron: Do you want to make a copy of the map. I don't know
why it' s not there. I might add, if I may, that with respect to
this letter of October 7th from the DEC, where after a complaint
of a neighbor they allegedly find some area on this entire lot
that has some marsh area that might be defined as tidal wetlands
under the regulations and law of Environmental Conservation, how-
ever, I would point out to you that what they do find is of such
insignificance that it has absolutely no bearing on the tidal
wetlands and, certainly I would submit, would have no bearing in
that regard on any of the standards that are set forth under the
Wetlands Ordinance of the Town of Southold.
Supervisor: I had some comment from the people that went to
review the property that was retained by us, I guess, that his
objection wasn't that much. Paul Stoutenburgh, I think it was.
Paul Stoutenburgh reviewed the property and he is supposed to be
an expert in this particular field of endeavor and he thought,
as a suggestion, perhaps so it wouldn't go further out where there
is a little touch of wetlands, perhaps, a bulkhead could be put
in or something like so you would end and you couldn't go any
further and that would be a suggestion on his part.
Mr. Cron: Let me respond to that, if I may. If you look at the
survey and you will have it. I am sorry it wasn't annexed to the
papers. If you will look at the survey, there is a large setback
from the water' s edge. We are in no way near the water' s edge.
The area exists, if anywhere, exists closer to the water. A
bulkhead is absolutely unessential because it' s all upland from
that point on, from the road right on almost down to the water' s
edge. As a point of historical information with respect to this
application, the lands to the west here that, I believe, are
owned by a chap by the name of Haas. He, a long time ago, probably
before the advent of the Environmental Conservation Law, filled
in his lands with County sanction, I am told. The County, in
order to provide proper drainage, had him install a pipe which
drains in to the subject parcel here and which, to an extent, has
caused a marsh area on the bordering edge of the water. It' s
not something that developed because of the low-lyingness of the
area. It came about because of what man had done. But, in terms
of a bulkhead, it is utterly ridiculous because you will be bulk-
heading all upland and that' s unessential.
Justice Suter: What are there, two areas? Larkin is in control
of what? 300 feet from. . . .
Mr. Cron: 300 feet from the water' s edge and an elevation of
less than 10 feet. Then, you have to make application for any,
filling of any land, any construction. That' s under the
moratorium business. We are not filling in any of that area.
Councilman Homan: According to this map, your fill line is
approximately 100 feet from the highwater mark?
Mr. Cron: Yes. That' s all upland area.
RUCH WETLAND VIOLATION -5- November 23, 1976
Councilman Rich: Is the work completed?
Mr. Cron: Almost, it is 99/ complete at the time we were told
to stop.
Councilman Rich: What "I am really driving at is would you be
getting closer to the wetlands if you completed it?
Mr. Cron: Infinitessimal, maybe a foot.
Councilman Rich: That' s what I wanted to know. You don' t have
to go another 25 or 30 feet?
Mr. Cron: No.
Justice Suter: All they need is- an inch.
Mr. Cron: That' s about it. We don't even need any more fill.
It' s just a matter of spreading what we already have there to
complete the project.
Supervisor: Grading it out?
Mr. Cron: That' s it, pretty much.
Supervisor: Bob, do you have anything? Any other comments from
the people that are with you?
Mr. Cron: I don't think any other comment will be forthcoming.
Supervisor: Any questions that the Board would like to direct to
Mr. Cron. I will call" the hearing to a close ,and the Board will
review the subject property and we will have a decision very
shortly.
Mr. Cron: Thank you very much.
Respectfully submitted,
Muriel Brush, Secretary
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JUDITH T.TERRY TELEPHONE
TOWN CLERK Ol 765-3783
REGISTRAR OF VITAL STATISTICS
Southold, L. , N. Y. 11971
November 10, 1976
Richard J. Cron, Esq.
Main Road
Cutchogue, New York 11935
Dear Mr. Cron:
The Southold Town Board will hold a hearing on
November 23, 1976 at 10:00 A.M. upon the request of
Eleanor Ruch, Executrix of the Estate of Valentine
Ruch IV, with respect to the Notice of Violation
of the Wetlands Ordinance of the Town of Southold.
Very truly yours,
Judith T. Terry
Town Clerk
OIL K
JUDITH T.TERRYuQ � .F TELEPHONE
TOWN CLERK "� i: � (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
August 31, 1977
Deputy Supervisor Louis M. Demarest
Southold Town Board
Southold Town Hall
Main Road
Southold, New York 11971
Dear Deputy Supervisor Demarest:
Transmitted herewith is application no. 31 for a
wetland permit submitted by Eleanor Ruch.
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 truly yours,
udith T. Terry
Town Clerk
JTT/bn
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