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HomeMy WebLinkAboutChuisano, MichaelVALERIE SCOPAZ, AICP TOWN PLANNER P.O. Box 1179 Town Hall, 53095 Main Road Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Valerie. Scopaz~vtown.southold.ny.us OFFICE OF THE TOWN PI_,.adqNER TOWN OF SOUTHOLD VIA FAX: 853-4044 April 16, 2004 Tom Isles, Director of Planning Suffolk County P.O.Box 6100 H. Lee Dennison Building, 4th floor Hauppauge, NY 11788-0099 Re: Diamond Lane, Peconic SCTM #s 1000-068-01-I and 068-02-10 Dear Mr. Isles; I am writing in regard to t~o vacant waterfront parcels at the above-referenced location. These parcels are prime waterfront building lots abutting the east side of Suffolk County's Goldsmiths' Inlet Park. Although the subject pamels have environmental constraints, as do most waterfront properties, these constraints evidently are not considered to be so extensive by State and County agencies as to prevent the construction of residences. The parcels are single and separate lots. It is known that a permit (# 1-4738-03020/00001) was issued by the NYSDEC on August 9, 2002 for the westernmost parcel, adjacent to the County Park property. This permit, which expires in August 31, 2005, grants the property oxvner permission to install a septic system in conjunction with construction of a single family dwelling. The same property owner also has a pending application before the County Health Department. My understanding is that the County has recommended the installation of an alternative sewage disposal system. It is evident that State and County regulatory agencies view this property as buildable. Southold Town has set forth a series of land use management and watershed protection policies in its Local Waterfront Revitalization Program, the over-riding goal of which is to protect the Town's unique environmental attributes from aesthetic and physical degradation. The Town recognizes that the health of its marine environment is greatly affected by the type of land use that occurs adjacent to coastal waters. The Town's economy has strong recreational, maritime, second home, tourist and agricultural aspects. This type of economy is heavily dependent on a high quality maritime setting. For that reason the Toxvn seeks to maximize protection of existing JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ~ ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (516) - 765 - 1366 TeL (516)- 765 - 1560 qr'r' 6 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Al Krupski - President Board of Trustees 53095 Main Road Southold, New York 11971 Dear Mr. Krupski: Re: December 16, 2002 CHUISANO PROPERTY Diamond Lane Extension SCTM #: 1000-68-02-10 As per your request, I have reviewed the proposed read/driveway construction for compliance with Town Code and Standard Engineering Practices. Coastal Erosion Regulations, Chapter 37 of the Town Code, were established to safeguard natural protective features and other natural resources. A primary dune would be considered one of these protective features. It would appear from a recent site inspection and the site plan submitted by the applicant, that the Landward toe of the Dune would be located approximately at the four (4') foot contour which is the lowest surface point on the landward slope face of the Dune. A Dune is a ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand. The Dune system at the project site is considered a natural protective feature and the vegetation contained within the Dune area is part of that protective feature. The landward limit of the Dune would be 25' landward of its landward toe. The proposed construction of a dwelling and sanitary system appears to be within the Principal Dune area. Excavating, Grading or Mining of a Dune Area is prohibited under the Coastal Erosion Regulations. The DEC would classify the most landward edge of the above referenced 25' buffer fronting the toe of Dune as the Coastal Erosion Line. Please keep in mind, that the filed map was not prepared from individual site surveys and the Dune, including its vegetation, slopes gradually downward and does not change significantly until it reaches the 4' contour indicated on the site plan. Therefore, it would appear that the Dune area extends considerably closer to the Bluff than the Coastal Erosion Line would suggest. I would advise that a more accurate determination of the Landward Toe of Dune be established by the Trustees to establish an accurate "site specific" location. This would help to ensure that erosion related problems, damage or destruction of natural protective features and significant wildlife habitat does not occur. Once this determination has been made, building envelopes may no longer exist within the remaining portion of the property due to encroachment of wetland areas and the toe of the Bluff. If the project is to be approved, the following comments concerning the driveway construction should be addressed. The cutting of a bluff is permitted with certain requirements and restrictions. The ramp must be perpendicular to the shoreline and the slope of the road or driveway may not exceed a grade of one to six (1:6) or 16.6% slope. The Side slopes may not exceed one to three (1:3) and shall be stabilized with vegetation. The profile of the proposed road should be modified accordingly. The new road construction should also terminate prior to encroachment into the 25' buffer area to the Dune as established by the Trustees. Page I of 2 CHUISANO P~PERTY Diamond Lane Extension SCTM #: 1000-68-02-10 December 16, 2002 Page 2 of 2 The drainage provided by the plan is considered adequate and meets the minimum requirements of Town Code. The current road profile on the plan indicates an existing grade that appears to follow the profile along the top of the existing walkway. This path is very narrow and has steep side slopes. It is also elevated an average of four (4') feet above the mean natural grade. At some locations the new drive is designed to be an additional four (4') or five (5') feet above the existing walk. (Note: road shoulders extending 9' high would need approximately 27' of width on each side of the drive to meet a 1:3 slope.) To eliminate fill from extending outside of the 33' right of way and to maintain separation from wetland areas it will be necessary to provide considerably more retaining wall than one would assume from looking at the plans submitted. These retaining walls should be detailed and specified with length and height to allow the board to make an informative review. Due to the environmentally sensitive nature of the site, it is also recommended that all work required to install drainage structures, retaining walls and placement of fill for the proposed road be restricted to the areas within the 33' wide right of way. If you have any questions concerning this report, please contact my office. Road Plan & Profile (1 ~ Joseph Fischetti, P.E. Peconic Surveyors - 1 O/11/02 Richter, R.A. LAW OFFICES WICKHA34, WICKHAM & BR. ESSLEK, I).C. N~.W¥ORK 11~52 631-298-83~3 MELVILLE OFFICE 275 lIRe)AD HOLLOW RD MELVILLE, N. Y 11747 631-249-9450 September 18, 2002 Southold Tnw~ Trustees Fcathcr Hill Shopping Center Southold, New York 11971 Rc: Chusiano (Maggio/Owner)- SCTM 1000-6g-2-10 Oentlemcn: On behall'of the applicant, we request that this matter be adjourned from your September meeting to your November mmeting. This will give ~zq an oppos~unity to appem' before the Zoning Board of Appeals regarding thc setbacks, which will devermine the actual size and location of the pm-eel. It will also enable us to furnish you with a repot{ from fl~e engineer regarding thc road construction and crosion control measures, well as a revised gradhag plma, as well as a revised survey. In i,csponse to yom' inquiry rcgaxdin8 thc road ownership, [ am checking the prior deeds and will advise as soon as I have the necessary information. For your information, I enclose a copy of the coIlsent of the owner aid contract vendee. d.4 30/$httrztst cc: Land Use Co, Mr. Lto*vman M ('huisano NEW YORK STATE DEPARTMENT OF ENVIRONMt~NTAL CONS'~RVATION DEC PERMIT NUMBER 1-a738- 03020100001 FACILITY/PROGRAM NUMBER(3) I PERMIT AuguSt 2UU2 IEXPIRATION DATE(a) ~ Article 15, Tille 5: Pro.trion of Water~ U A~0cle 15, Title 15: Waler 3upply I_J AIIICla 15, Title 15: Water Transport r~ Article 15, Title 15: Long Island Wefts Recr~uonal RIvam [] 6NYCRR 8o~: Water ~ ~llty Certifies. tlon P-'"P~.MIT I$SUF~ TO Paul ADDRESS OF PERMI3 , PO aox ?gLstony Brook~.NY 11790 DONTACT PERSON FOR PERMi~u WORK Michael A~ Chulsano~ f009 Baffle Avenue, Wanlagh, NY 11793 NAME AND ADDRFRR OF PROJECT/FACILITY lUlaooiO Pmp~t¥, Dlamo~cl Lane, Peconic I.OC~TION OF PROJFCT/FAClLITY .SCTM: 1000-S8-02-10 COUNTY I TOWN Su[folk Soulh~ld OE$CRIFTlUN OF AUTHORIZED ACTIVITY TYPE OF F'-i(MIT · Now I"1 Renewal D I~ ArtiGle Z7~ Titlo 9; 6NYCRR 373: [] Ai~101O 1~: Nr P~tlutiu. Control U A~ICIa 23, Trite 27: Mir~ Land Reclamalion ~ A~lcJe ~: Fr~hwater WeBands · A~le 25: Tidal WoUands D AAide 27, Title 7; 6NYCRR 3~: ~M W~te Man~efi~nt JWATERCOURSE Long Islam:l SourS. Hazardous Waste Managemerlt Article 34: Cods(al En:~ion JTELEPHONE NUMBER (0311 n~;~-ssuu _ JTELEPHONE NUMBER (,5'l O) 783-745,4 JNY-I-M COORDINATES Install a septic system, pluoitlg approximately 100 cubic ye~ of clean rill, This work is to be Hone in association with the cons~cllon of a single family dwelli,y, Since the residence it~lf will bo l~ated more than 300 feet from lhR tidal walleyed ~unda~ (show~l on su~oy prepared by .John T. M~er dated March 13. 2002, ~nd la~{ revised June 19. 2002) its construction is beyond the jurisdiction of ~Icle 25 (Tidal Wetlands). All pe~lffed work is to be done in ac~rdance with ~e affached plans stamped NYSDEC approve. , :,. .' ~, By a~nce o[ thie petE, tho ~rm~ee ag~e~ that ~e pe~it ~ ~nllngent u~n strict ~mpliance with the ~CL, afl appli~ble reguleaons, the General Conditions speClfi~ (a~ p~e 2 & 3) and any ~p~lal Co~Elena Includ~ as pa~ of this i I Pu.U= I of 4 1 TO& INCIDENT REPORT ~0 [] work ?3. 80 ID NO *FALSE STATEMENTS ARE PUNISHABLE AS A CRIME. PURSUANT TO THE NEW YORK STATE PENAL LAW L ndUse MEMO To: Southolcl Boar~l of Trustees Attn: Charlotte Omningbam From: C.W. }~owrmn Date: July 17, 2002 Kc: Michel Chum.no, Diamond L~ne, Peeonie Plea:~ postpone Mr. Chuisano's s~hedulcd splrumrancc a~ thc Trustees Meeting on July 24. Tlmr~, you_ CC' ~3ail Wickham. E.sq. at fax 631-29N-g565 Michael C'hui~ano at fax 71g-761]-3047 2570 Sound Avenue: · ~oiling t'loJlow, Ne'~ York · 11033 631 72/-2400 - FAX APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 2002 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net Suffolk County Soil & Water Conservation District County Center - 2nd FI. Room N-210 Riverhead, NY 11901-2100 Re: ZBA File No. 5136 - Michael Chuisano (Owner: Paul Maggio) Gentlemen: We have an application in which a new dwelling is proposed, at property referred to as 575 Diamond Lane, Peconic adjacent to the Long island Sound. This Department has jurisdiction with regard to the proposed location from the front property line and rear property line, and a public hearing has been advertised for July 25, 2002. Copies of the sketch and map furnished as part of our application record are attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal, when possible? Thank you for your assistance. Very truly yours, Gerard P. Goehringer Enclosures FORM NO. 3 NOTICE OF DISAPPROVAL TO: Michael Chuisano (Maggio) 1009 Barrie Avenue Wantagh, NY 11793 Please take notice that your application dated March 29, 2002 For permit to construct a new dwelling at DATE: April 1, 2002 AMENDED: July 9, 2002 .,-~ -:4~, Location of property: 575 Diamond Lane, Peconic County Tax Map No. 1000 - Section 68 Block'2 Lot 10 Is returned herewith and disapproved on the follosving grounds: The proposed construction on lot, +/- 39,528 square feet in the R-80 Zone, is not permitted pursuant to Article XXIV Section 100-244B which requires a minimum rear yard setback of fifh' (50) feet and a minimum front yard setback of 40 feet. The proposed new dwelling is shown at +/- 26 feet from the rear lot line and +/- 30 feet fi'om the fi:ont lot line. Furthermore, the proposed construction is not permitted pursuant to Article XXIlI~ Section 100-235A. 1, which states, "No building shall be erected on a lot that does not have direct access to a public street in accordance with § 280-a of the Town Law." Total lot coverage following the proposed construction would be five percent. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Tmvn Building Department. CC: ZBA, File COUNTY OF SUFFOLK I~OBF. NT J. (~AFFNIfy RECEIVED OCT. ZOO! co/v/c RUsr, //vc, TO: FROI~I: DATi~: RE: THOM. AS ISLES, Director, Planning Dc ALLAH GI~CCO, Director, Real )artment 'Division PROPOSED ACQUISITION - GOLDSMITH INLET PARK PROPERTY OF PAUL MAGGIO - TAX ~ # 1000-68-2-I0 I t'orward herewith for your review and action correspondence and documentation received from the Peconic Land Trust and area residents related to the above captioned parcel. The Department would strongly support the acquisition, as development of the parcel would negatively impact both the environment and the County's existing holdings. The situation is unique for two reasons: adjoining property owners are willing to contribute significantly towards the acquisitions, and; the owner of the subject parcel has expressed willingness to consider a structured "bargain sale" involving the Peconic Land Trust. '.~ I have enclosed a 1998 appraisal obtained by the Peconic Land Trust for your review. The Depa~uuent stands ready to assist in any way possible to move the proposal forward. Thank you for your consideration in this matter. PAS:id Enclosures cc: ~Jeorge Garta, Deputy County Executive %/H.B. Sherman, Director of Conservation Programs, Peconic Land Trust Ne4rk State Departmeut of Enviroometl Couservatiou Notice of Incomplete Application - This is NOT a Permit ,qpp/ication ID: 1-4-738 -03020/0000 [ Facility: MAGGIO PROPERTY DIAMOND LANE, SCTM: 1000-68-02-10 PECONIC, NY 11958 Batch Nutnber: 906105 Applicant: PAUL MAGGIO PO BOX 79 STONY BROOK, NY 11790 Owner lD: 1485816 Permit(s) Applied for.. I - Article 25 Tidal Wetlands Project Location: in 8OUTI-IOLD in SUFFOLK COUNTY Your application for Permit is incomplete. The following items are required: JUN = t 2002 Bureau of Marine Habitat Protection staffhave reviewed this application and conducted a site inspection of the property. Tl~.ey require that all proposed structt, rcs be staked and that a staking plan and photographic evidence of the staking be submitted. In addition, the question of access to tl~e site has been raised, since there is no road leadi,~g the proposed driveway locatio,. Explain by what means access to this location would be achieved. You are also required 1o provide the amot, nt of fill that would be used for tile septic system installation. For your information, technical staffhas requested that I forward this application to DEC Division of Water in order that they may examine the proposal to determine ~vhether the project area would be affected by coastal erosion. Please submit requested information by No fitrther action can be taken until all of these materials are received. Contact Ferson: KAREN S. WESTERLIND NYSDEC SU'NY ~ STONY BROOK BUILDING 40 STONY BROOK, NY 11790 Telephone Number: (631 ) 444-0365 Date: May 07, 2002 Albert J. Ki'upski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dick¢irson June 7, 2002 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 'lelephone 63D 765-1892 Fax ¢631) 765-1366 Mr. Michael A. Chuisano 1009 Barrie Ave. Wantagh, NY I 1793 RE: 575 Diamond Lane, Southold SCTM#68-2- I 0 Dear M:'. Chuisano: As per Chapter 97-21G of the Town Code, the Truslees require a current survey with 2' contours. [ have had a conversation with Fred Anders c,f the I';YS Door. of State, Division of' Coastal Resources, about the erosion rates, to deterufine the extent of ih. Structural Hazard Area, under Chapter 37. Upon receipt of thc survey, we can coordinate this rcvie,v with the appropriate State agencies. Very truly yours, Albert J. Kmpski, Jr. President, Board of Trustees AJK:lms Cc: Fred Anders William Daley -NS'S DEC Diamond Acres AGENDA: Address issues opposed at Board of Trustees meeting held on April 24, 2002 regarding Map 68, Block 2, Lot 10, Diamond Acres, Peconic. ISSUE OF STEEPNESS OF ACCESSS ROAD: After consulting with John Metzger of Peconic surveyors, he strongly suggested using Sound Shore Excavators. After a site visit with Bob Schroader, President of Sound Shore, I felt at ease knowing I chose an excavator with prior recent experience in dealing with this type of situation. Futhermore, who is local and is familiar with the needs and concerns of surrounding neighbors and knowledgeable of the degree of sensitivity of the eco-system at the Proposed site. Bob s, tated he has indeed worked on similar projects in the area and assured me the Proposed driveway, not road, will be built to Southold Town specifications using "fill" that will be obtained from local sources. ISSUE OF WIDTH OF EXSITING FOOTPATH: Our intentions are to extend Diamond Lane as a driveway from where it ends to stretch approximately 100' feet along site of lot #11 to a point just beyond our first property marker and curve it directly onto our proposed property as quickly as the town would permit us to do so. (Refer to site plan) This will act as an access for construction vehicles and equipment and future domestic ddveway use. The remainder of the footpath, approximately 420' feet will remain untouched to the sound. ISSUE OF STORM OF 1958: Present day codes will prevent the washing away of homes because of the 300' foot setback from the high water mark. We appreciate the concerns of the adjacent property owners as to possible flooding. However, we have thoroughly investigated that issue with the help of Damin Rollis, Permit Examiner, at Southold Building Department, John Metzger at Peconic surveyors and Bob Schroader of Sound Shore Excavators. The best input we received on this issue was first-hand past experiences of the neighbors who occupy lots overlooking the Iow lying area, as most of them are original homes. All stated they had no recollection of flooding to a point of concern. ISSUE OF PIPING PLOVERS: Since the start of this project, my wife and I have made countless site visits. On the proposed beach, there are several lawn and beach chairs, and a rowboat. It is obvious that some, if not all of the residences of the cabins of Diamond Lane are utilizing this space for recreational proposes. It is to my understanding the threat of the extinction of piping plovers is mainly based upon such activity. Therefore, it is evident that the community itself may be a contributing factor to the extinction of the birds. Since this community of cabins was built in 1932, it leads me to believe recreational a~ivj~'~es:'hav~, been going on long before my proposed project. P~el Diamond Acres ISSUE OF UNSIGHTLY HOUSE ON STILTS: After a consultation with Damin Rollis, Permit Examiner of Southold Town Building Department on March 23, 'z 2002, it was brought to our attention since the proposed dwelling is 302' feet from the high water mark and is behind the coastal erosion hazard line, the house can be built on a foundation. Stilts are not necessary. The community spokesperson also stated a house on stilts "down there" would be an unsighUy view obstruction. On March 22, 2002, my wife and I had a brief conversation with Lauren Standish who occupies a seat on your board, at the Southold Town Trustees office. One of the questions we presented was regarding what type of issue would the adjacent property owners be concerned with? Lauren stated one issue they could not object to was the obstruction of views. We are just as concerned about obstructing any of the neighbors views. All the Diamond Acres cabins start at an elevation of 40' feet above sea level and higher. (Refer to survey) Our proposed property is 5' feet above sea level and is also 302' feet back from high water mark on a lot that is 465' feet long. 'i'he combination of the setback and height above sea level will minimize the obstruction of water views. ISSUE OF LOCATION OF THE HOUSE WITH RESPECT TO THE DUNES: Once again, because of the vast amount of setback, the dunes which lie almost at the shoreline will be untouched and will remain original. The existing footpath will be reserved solely for beach access as not to disturb the natural surroundings. We have rented several soundfront homes for many years between Horton's Point Lighthouse and Kenny's Beach and realize the importance of the dunes and the eco-system's natural state to remain intact. ISSUE OF THE DISTURBANCE OF THE ECO-SYSTEM: It has always been our intent to position the house far enough back so as to preserve the majority of the land at its natural state. The proposed dwelling will occupy 5% of the entire property. This leaves 95% to nature. One of the major concerns while planning this project is to attempt to strike a balance between our needs and the needs of the environment and eco-system. Also, to limit the amount of grading, clearing and ground disturbance as much as humanly possible. ISSUE OF THE ARMY CORPS OF ENGINEERS: On April 25, 2002, we received a letter of non-jurisdication from the Army Corps of Engineers. Copies have been forwarded to the board. ISSUE OF ABSENCE OF ADDITIONAL STRUCTURES IN THE VICINITY: The spokesperson stated that there was "a reason for that." The reason was never stated. Moreover, a site visit would visually confirm the spokesperson to be incorrect. On lot #9 and lot #10 (refer to site map), there are two dwellings similar to each other much closer to the sound than our proposed dwelling. ISSUE TO LOT BEING UNDERSIZED: The exact proposed property size is .907 acres. On April 15, 20021 Mr. Brown, of the Health Department in Riverhead Page 2 Diamond Acres informed me that the property size is sufficient to accommodate the septic system designed by John Metzger of Peconic Surveyors. ISSUE OF DEC. WETLANDS CODES: On April 221 2002, Karen Westerlind, Permit Analyst at New York State DEC., Stonybrook, stated all permits are complete and have been presented to New York State and are currently waiting for a response. If we are not in compliance with DEC. codes, we will be notified by them as they are the proper authorities regarding this issue. Lastly, my family appreciates all of your legitimate concerns as to the natural state of the environment, the dunes, the Piping Plovers, the footpath, and obstruction of waterviews. As you have already heard, we have investigated solutions and will implement them. We would like to become active and contributing members of Peconic while making new and lasting friendships among the residents. It is our desire to have our grandchild'ren and their families to continue enjoying Diamond Acres as yours have. CC: Abigail Wickham, Esq. Thomas Tyrell, Esq. Page 3 ~'-. TEXT HOLE i~T H'~ II~T ~O'l~]f]~ S~ 0 ~ ,~ E~fAVATI~6 ¢0 ]~i~. P.O. Box 119 Peconic, NY 11958 b ' (63 I) 765-4175 (usmess) (516) 445-7516 (cellphone) May 17, 2002 Mr. Mike Ch/sano Re: 575 Diamond Lane, Southold, New York SCTM #1000-68-02-10 Dear Mr. Ch/sano: After my v/sual inspection of the above property and upon reviewing the survey which you supplied to me, upon which survey I have indicated a temporao.' dr/veway access tn pencil which would allow a minimal amount of land clearing and grading A temporary, dr/veway access would be paved with W' stone blend. be 500 yards.The est/mated amount of fill in septic system area as per survey would Very truly yours, ROBERT/R. SC~IROEDER, JR. DEPARTMENT OF PARKS. RECREATION AND CONSERVATION COUNTY OF SUFFOLK ROBERt J. GAFFNEY SUFFOLK COUNT'( EXECUTIVE RSC IV D ' $ 2001 P£OON/c Lqh'DA'O, TO: FRONI: DATE: RE: THOMAS ISLES, Director, Planning Department .ALLAN GRECCO, Director. Real Es, t,at~'Division PETER A. SCULLY, Commissioner&'{ i~ PROPOSED ACQUISITION - GOLDSMITH INLEI PROPERTY OF PAUL ~IAGGIO -I_~X MAP # 1000-68-2-10 I forward herewith £or .,,'our review and action correspondence and documentation receb,'ed from the Peconic Land Trust and area residents related to the abo`"e captioned parcel. The Department would strongly' support the acquisition, as development of the parcel would neg~ti`"eb/impact both the envirortment and the County's existing holdings. The situation ts unique for two reasons: adjoining property o`",ners are willing to contribute significantly, to`'vards the acquisitions, and; the o`'`' net of the subject parcel has expressed willingness to consider a structured "bargain sale" in`'olving the Peconic Land Trust. I have enclosed a [998 appraisal obtained by the Peconic Land Trust for .,,our revie`'v. The Department stands read.,,, to assist in an).' ,,,,'ay' possible to move the proposal forward. Thank you for your consideration'in this matter. PAS:Id Enclosures cc: George Gatta, Deputy County Executive '~"'H.B. Sherman. Director of Conservation Programs, Peconic Land Trust PARKS 05:16:02 THU 13:38 FAX 631 7272606 LAND USE ECOLOGICAL 9002 LandUse May 16, 2002 Town of Southold Board of Trustees town Hall, 53095 Main Rd. P.O, Box 728 Southold, NY 11971 Attn: Mr. Albert Kmpsk/ Proposed Single Family DwelLing Diamond Lane - Peconic Town of Southold De~ Mt. Krupski: At the request of the applicant, I completed an inspcctiorffinventory of thc above relkrenced property in order to determine the presence/absence of freshwater wetlancb as defined in the Southold Town code. My analysis is attached for your intbrmation and review. Very Truly Yours, Charles W. Bowman CWa/ca Enclosure · ' ' gq3 2579 bound A.-.enue Bo,ing Ho[Joy/ New '~o,k · ] 1 .... 631-7'27-'2.40..0. FAX 531-727-2605 05.'16:02 THU 13:39 FAX 631 7272605 LAND USE ECOLOGICAL ~003 FRESHWATER WETLANDS VEGETATION ANALYSIS Site Description Proposed Single Family Dwelling Diamond Lane - Town of Sou/hold SCTM No. 1000-68-02-10 The subject proposal is in a vacant, tmimproved parcel located at the northern terminus of the developed portion of Diamond Lane. The site covers approximately .9 acre with 84' of fi'ontage on Long Island Sound. The topography of the site incorporates a significant slope descending approximately 20' ~om the developed area of Diamond Lane to the subject lot. No improvements of the lot area were noted in my inspection conducted on May 14, 2002. Vegetation Analysis The majority of the subject lot landward of the crest of dune and open bench can be characterized as a secondary dune community. Vegetation within this area is comprised of Beach Grass (Amophylla brevilugata). Beach Plum (Prunus rnaritima), Bayberry (Myrica pensylvanica), Virginia Creeper (Parthenoeissus quinquefolia), Poison Ivy (Rhus tad:cans), Bearberry (Arctostaphylos uva-ursi), Beach Heather (Hudsonia tomentosa), and Red Cedar (Juniperus virginJnx~). This dominant vegetation association is interspersed throughout the entire project vicini~ by intermittent stems of Groundsel Bush (Baccharis halJmifolia) and Scrub Oak (Quercus Lhcifolia). Inspection of lot revealed a small 65' x 50' depression labeled as "low area" on the project survey. Tkis depression is located at the southeast comer of the property, mediately seaward of the aforemenIioned slope area and west of the unimproved Diamond Lane row. A comprehensive inventory of this area resulted in identification of the following species: Bayberry (Myrica per~ylvanica) Groundsel Bush (Baccharis halimifolia) Poison Ivy (Rhus radicans) Virginia Creeper (Parthenocissus quinquefolia) 05.'16,'02 THLT 13:39 FAX 631 7272603 LAND USE ECOLOGICAL ~004 Freshwater Wetlands Vegetation Analysis Page 2 Marsh Fern (Thalypteris palustris) Scrub Oak (Querus il/cffolm) l 6 2 02 Common Reed (Phragmites australis) Red Cedar (Juniperus virginina) It should be memioned that all noted species with the exception of the Marsh Fern and Common Reed are indicative of thc adjoining secondary dune cover type. The Marsh Fern was located in a very small 1 0' x 12' area within the northeastern comer ofthe depression. This area also included a small number of Common Reed stems that were growing through thc shrub overstory, No standing water was observed and test hole indicated no groundwater encountered to a 3' depth. This factor, combined with the dominance of upland species, ~vould exclude this area fi.om definition as a fi'eshwater wetland. It is my opinion that occasional overland flow may result in the appearance ora small volume of water with.in these depressions. This occurance is not sut:ficienI to create the hydrological condition necessary to allow a dominance of wetland indigenous species to colonize the site. Their presence is severely limited with upland species defmJ_ng the vegetative cover type classification. Albert J. Krupski. President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dicker'son BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLI) Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (63 I) 765-1892 Fax (631) 765-1366 May 2, 2002 Mt'. Willimn Daley Bureau of Flood Protection N.Y.S. Dept. of Environmental Consenration 625 Broadway Albany, NY 12233-3507 RE: 575 DLAMOND LANE, PECONIC SCTM#68-2-10 Dear M,'. Daley: The Southold Town Board of Trustees is reviewing an application for a house on Long Island Sound. Our Board f~e!s that the proposed honse is in the structural hazard area, based on the erosion rates for that area, and therefore under Chapter 37-13.B, building is prohibited. Please senti us your opinion of this application. Thank you. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms For permit to construct a new dwelling at Location of property: 5'75 Diamond Lane, Peconic County Tax Map No. 1000 - Section 68 Block2 Lot 10 Is returned herewith and disapproved on the following grounds: e-fr°.- Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEWYORK, N.Y. 10278--0090 April 23, 2002 SUBJECT: Jcin~ Application with New York State Department of Environmental Conservation Michael A Chuisano 1009 Barrie A~e -Wantagh, HY li7~3 Dear Mr. Cbuisano: We htve recently received a copy of the'Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information prsvided, it appears that a Department of the Army permit is not reqfuired for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has"not been portrayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Arm}, permit will he required. ~my inquiries can be directed to this office at (212) 264- 3912, 3913, 6730, or 6731. Sincerely, Marc Helman Acting Chief, Eastern Permits Section Eastern DEPARTMENT OF THE ARMY NEW YORK DISTRICT~ CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEWYORK, N.Y. 10278--0090 PermiTs Section April 23, 2002 SUBJECT: Joint Application with New York State Environmental Conservation Michael A Chuisano 1009 Barrie Ave · Wantagh, NY 117c,3 Dear Mr. Chuisano: Department cf We have recently received a copy of the'Joint Application for permit you filed with the New York State Department of Environmental Sonservatlon (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is non required for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has"not been portrayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Army . permit will be required. ~ ~y inquiries can be directed to this office at (212) 264- 3912, 3913, ¥730, or 6731. Sincerely, Marc Helman Acting Chief, Eastern Permits Sec[ion Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT~ CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEWYORK, N.Y. 10278--0090 April 23, 2002 SUBJECT: Joint Application with New York State Department of Environmental Conservation Michael A Chuisano 1O0O Barrie Ave · Wantagh, NY 1i7Q3 Dear blt, Chuisano: We have recently received a copy of the'Joint Application for permit you filed with the New York State Department of Environmental onservatlon (NYSDEC). C ' Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is not reqfuired for your proposal. The Depar5ment of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has"not been portrayed as such in your Joint Application, vou should contact this office immediately so that a project-~pecific determination can be made as t.o whether a Department of the Army permit will be required. - A~.y inquiries can be directed to this office at (212) 264- 3912, 391~, 6720, or 6731. Sincerely, Marc Helman Acting Chief, Eastern Permits Section Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT~ CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEWYORK, N.Y. 10278-0090 April 23, 2002 SUBJECT: Joint Application with New York State Department of Environmental Conservation Michael A Chuisano 1009 Barrie -Wantagh, NY 117~3 Dear Mr. Chuisano: We have recently received a copy of the'Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information ~rovided, it appears that a Department of the Army permit is ncr required for your proposal. The Deparnment of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters cf the United States, including inland and coastal wetlands. If your proposal would involve such work, and has'not been portrayed'as such in your Joint Application, you should contact this office immediately so that a project-specific determinaticn can be made as t.o whether a Department of the Army permit will k.e required. ~y inquiries can be directed to this office at (212) 264- 3912, 3913, 6730, or 6731. Sincerely, Marc Helman Actin~ Chief, Eastern Permits Section Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEWYORK, N.Y. 10278-0090 April 23, 2002 SUBJECT: Joint Application with New York State Department of Environmental Conservation Michael A Cbuisano 1009 Barrie Ave -Wantagh, NY []7Q3 Dear Mr. Chuisano: We have recently received a copy of the'Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is nc.t required for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has"not been p©r[rayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Arm}, permit will be required. Any inquiries can be directed to this office au (212) 264- 3912, 3913, 6730, or 6731. Sincerely, Marc Helman Acting Chief, Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEWYORK, N.Y. 10278-0090 ~astern Permits Section April 23, 2002 SUBJECT: Joint Application with New York State Department of Environmental Conservation Michael A Chuisano 1009 Barrie Ave -Wantagh, HY 11793 Dear Mr. Chuisano: We have recently received a copy of the'Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of t~e Army permit is nc.n required for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waners of the United States, including inland and coastal wetlands. If ','our proposal would involve such work, and has"not been portrayed'as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Arm}, permit will be required. Amy inquiries can be directed to this office at (212) 264- 3912, 3913, 6730, or 6731. Sincerely, Marc Helman Acting Chief, Eastern Permits Section Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278--0090 April 23, 2002 SUBJECT: Joint Application with New York State Department of Environmental Conservation Michael A Chuisano 1009 Barrie Ave -Wantagb, NY 11793 Dear Mr. Chuisano: We have recently received a copy of the'Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is not required for your proposal. The DeEartment of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has'not been portrayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Arm}, · permit will be required. ~y inquiries can be directed to this office at (212) 264- 3912, 3913, 6730, or 6731. Sincerely, Marc Helman Acting Chief, Eastern Permits Section DEPARTMENT OF PARKS~ RECREATION AND CONSERVATION COUNTY OF SUFFOLK ROBERT J. GAFFNEY PETER A. SCULLY COMMISSIONER April 22, 2002 Albert, J. IG-apski, Jr., Chairman Board of Trustees Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Property adjacent to Goldsmith's Inlet Park - SCTM# 1000-68-2-10 O~ver: Paul Maggio - Permit Applicant: Michael Chuisano Dear Mr. Krupski: It is my understanding that the Trustees may be considering an application to develop the above-referenced parcel. I write you to advise you that pursuant to the enclosed resolution enacted by the Suffolk Legislature and signed by the County Executive, the County's Division of Real Estate has been authorized and directed to take initial steps towards the acquisition of the subject parcel for preservation purposes. I trust this is of interest to you. Sincerely, i!SrY PAS:dcs Attachment PARKS Intro. Res. No. 1032-2002 Introduced by Legislator Caracciolo Laid on the Table 1/2/2002 RESOLUTION NO...~ -2002, AUTHORIZING PLANNING STEPS FOR THE ACQUISITION OF LAND UNDER PAY-AS- YOU-GO 114% TAXPAYER PROTECTION PROGRAM (PROPERTY ADJACENT TO GOLDSMITH INLET PARK, TOWN OF SOUTHOLD) WHEREAS, Local Law 35-1999, "A Charter Law Adopting Common Sense Tax Stabilization Plan for Sewers, Environmental Protection and County Taxpayers," authorizes the use of 13.55 per cent of sales and compensating use tax proceeds generated each year for open space acquisition, as determined by duly enacted Resolutions of the County of Suffolk; and WHEREAS, approximately one (1) acre of vacant land, currently located in the Town of Southold, is currently owned by Paul and Barbara Maggio; and WHEREAS, such parcel of land constitutes one of the last vestiges of open space within the entire Town of Southold available for public acquisition for open-space purposes; and WHEREAS, the owner, may be willing to sell such property; and WHEREAS, adequate funding is provided for, pursuant to Section 12-2(A)(1) of the SUFFOLK COUNTY CHARTER, from 13.55 per cent of the sales and compensating tax proceeds, for the acquisition of such land; now, therefore, be it 1st RESOLVED, that the following parcel(s) is (are) hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Drinking Water Protection Program authorized, empowered, and directed by Section 12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XII of the SUFFOLK COUNTY CHARTER: PARCEL: SUFFOLK COUNTY TAX MAP NUMBER: ACRES: REPUTED OWNER AND ADDRESS: No. 1 District 1000 Section 068.00 Block 02.00 Lot 010.000 One Paul & Barbara Maggio P.O. Box 1131 Conscience Bay Setauket NY 11733 and be it further 2nd RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(X) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 3rd RESOLVED, that the Director of the Division of Real Estate within the County Plann!ng Department, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 14- 10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised, environmentally audited, and searched for title; and be it further 4th RESOLVED, that the cost of such surveys, title searches, audits, maps and;or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article Xll of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further 5th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such valid appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County of Suffolk; and be it further 6th RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further 7u' RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 617.5(c)(21) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: JAN 2 9 2002 APPROVED BY: ounty Executive of the County of Suffolk Date of Approval: \ ~,~t\(~ ~ SUFFOLK COUNTY County Legislature RIVERHEAD, NY This is to certify that I, HENRY L. BARTON, JR., Clerk or'the County Legislature of'the Cou[tty of Suffolk, have compared the foregoing copy of'resolution with the original resolution now on file in this office, and which was duly adopted by the Couaty Legislature of said County on danuary 29, 2002, and that the same is a true and correct transcript of said resolution and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my haad and the official seal or'the CourtW L~islatur~' of' the Count), of Suffpt~ C,e* Ooun gisla.re / Telephone (631) 765-1892 Town Hall. 51095 Main Road P.O. Box 11/9 Southold. Ne~v York 11971 SOUTHOLD CONSERVATION ADVISORY' COLr~ICIL At the meeting of the Southold Town Conservation Advisory Council held Thursday, April 18, 2002, the following recommendation was made: Moved by Scott Hilary, seconded by Jaso~ Petrucci, it was RESOLVED to recommend to the Southold Town Board of Trustees DISAPPROVAL of the Wetland Permit Application of MICHAEL A. CHUISANO as Contract Vendee, to construct a single-family dwelling. Located: 575 Diamond Lane, Peconic. SCTM#68-2-10 The CAC recommends Disapproval of the application because of the following reasons: The proposed construction would have a serious detriment to this environmentally sensitive area. This natural system is identified as a natural walking dune. The proposed construction is within the building within the Coastal Erosion Hazard Area and would be a precedent for other such structures to be built on the beach. If the Town allows such structures on the beach, then the Town needs different tools to review such proposals. Vote of Council: Ayes: All Motion Carried LAFAYETTE MIRROR & GLASS CO. 715 Sixth Avenue BROOKLYN, NY 11215 (718) 768-0660 ro FAX (718) 768-3047 PAGE ~UBJECF t3 16 15 PAGE ~2 TEST H(:TLE 0415."2002 ./ LAF,~'/ETTE PAGE 84 Standishf Lauren From: Sent: To: Subject: Scopaz, Valerie Tuesday, April 02, 2002 10:42 AM Standish, Lauren FW: Proposed Development of Soundfront Parcel - SCTM#1000-68-2-10 Please print this and share with the Trustees, for their information, not for the file. I would like to discuss with Al. Valerie ..... Original Message ..... From: Spiro, Melissa Sent: Tuesday, April 02, 2002 7:54 AM To: Scopaz, Valerie Subject: RE: Proposed Development of Soundfront Parcel - SCTM#1000-68-2-10 Hi, Thanks for forwarding. Well aware of situation. Been talking to them for some time. They are just making sure everyone aware of situation. County appropriated $ to buy, but apparently never got to owner, in mean time owner just went into contract with potential purchaser. This is one of those pieces you would look at and say.., never could be built on. HOWEVER, based on driving around rest of town ..... there will probably be a mansion there soon : ( Doing what I can. ..... Original Message ..... From: Scopaz, Valerie Sent: Monday, April 01, 2002 5:55 PM To: Spiro, Melissa Cc: Terry, Mark Subject: FW: Proposed Development of Soundfront Parcel - SCTM#1000-68-2-10 Mel, Can you be of assistance in responding to this query? Valerie ..... Original Message ..... From: Mgotbtr@aol.com [mailto:Mgotbtr~aol.com] Sent: Monday, April 01, 2002 5:41 PM To: planning@town.southold.ny.u~; valerie.scopaz@town.southold.ny.us; mark.terry@town.southold.ny.us Subject: Proposed Development of Soundfront Parcel - SCTM#1000-68-2-10 As adjacent property owners to the above mentioned parcel, it has come attention that a potential buyer, Michael Chuisano, has applied to the Trustees and to the building department for permits to build a single family dwelling. Aside from the many environmental issues which should prevent development of this lot, we are writing to inform you that we have been working with the Peconic Land Trust since 1999 to find a way to preserve this unique parcel. We ~ppealed to the Town, as well as to the County, because the property is adjacent to Goldsmith's Inlet Park (Suffolk County Parkland). We were recently notified that the County has approved the acquisition. The owner has expressed interest in the past into entering into a bargain sale with the Count}'. At the same time, we became aware that the owner of ~he property was in contract with a private buyer. We're hoping that the Town and the County can intervene in this matter to avoid building on this parcel, which conceivably will have further ramifications for the entire Soundfront area in Peconic. Please advise us if there is anything further we can do in this matter. Sincerely yours, Marion Gotbetter and Carmen Ramis 'Stan~lish, Lauren From: Sent: To: Cc: Subject: Scully, Peter [Peter. Scully@co.suffolk.ny.us] Wednesday, April 03, 2002 4:15 PM 'Mgotbtr@aol.com' Isles, Tom; Costigan, Christine Maggio Parcel at Goldsmith Inlet - Tax Map# 1000-68-2-10 Thank you for your e-mail regarding the pendin9 proposal to develop the Maggio parcel. AS you may be aware, the Suffolk County Legislature recently enacted a resolution authorizing the Division of Real Estate to obtain an appraisal of the property and take other initial steps towards an acquisition. Unfortunately, I have been advised by the Peconic Land Trust that Mr. Maggio is no interested in selling the land to the County at this time, but has entered into a contract to sell the property, contingent on the buyer's ability to get the approvals necessary to build on it instead. In a letter dated March 25, 2002, the Land Trust suggested that the acquisition process be put on hold, but indicate that the owner would be interested in resuming negotiations with the County if the pending sale is not completed. The letter indicated that PLT would contact the County when it has more information. In light of these developments, sale of the property to the County for addition to Goldsmith County Park is an alternative to the proposed development of the land that should properly be considered by the Town as part of the environmental review of the development proposal pursuant to the State Environmental Quality Review Act (SEQRA) . I trust that this is of interest to you. Thank you for your interest in Suffolk County Parks. Sincerely, PETER A. SCULLY Commissioner ..... Original Message ..... From: Mgotbtr@aol.com [mailto:Mgotbtr@aol.com] Sent: Monday, April 01, 2002 4:58 PM To: scparks~co.suffolk.ny.us Subject: ATTN: PETER SCULLY - URGENT Dear Mr. Scully: In August of 2001, we contacted you regarding preserving ecologically sensitive Soundfront property in Peconic that is adjacent to Goldsmith's Inlet Park. Recently, we received word from the Peconic Land Trust that 1 the County had finally approved the acquisition of the property and would go ahead with appropriate appraisals. At the same time, we learned that the owner was in contract with a private buyer. The potential buyer is now seeking permits to build a home on the site. AS the County has approved the acquisition, we are hoping that you can join us and our neighbors in our fight to retain this unspoiled part of the Peconic dune. The hearing with the Southold Town Trustees is set for April 24 at 7:00 PM. Any help or suggestions in this matter are greatly appreciated. Of course any representation or documentation from your office would greatly help our cause. Eagerly awaiting your response. Sincerely yours, Marion Gotbetter Standish, Lauren From: Sent: To: Subject: Mgotbtr@aol.com Monday, April 01,2002 5:43 PM lauren.standish@town.southold.ny.us Proposed Development of SCTM Parcel#1000-68-2-10 As adjacent property owners to the above mentioned parcel, it has come to our attention that a potential buyer, Michael Chuisano, has applied to the Trustees and to the building department for permits to build a single family dwelling. Aside from the many environmental issues which should prevent development of this lot, we are writing to inform you that we have been working with the Peconic Land Trust since 1999 to find a way to preserve this unique parcel. We appealed to the Town, as well as to the County, because the property is adjacent to Goldsmith's Inlet Park (Suffolk County Parkland). We were recently notified that the Count}" has approved the acquisition. The owner has expressed interest in the past into entering into a bargain sale with the County. At the same time, we became aware that the owner of the property was in contract with a private buyer. We're hoping that the Town and the County can intervene in this matter to avoid building on this parcel, which conceivably will have further ramifications for the entire Soundfront area in Peconic. Please advise us if there is anything further we can do in this matter. Sincerely yours, Marion Gotbetter and Carmen Ramis .rt J. Krupski, President es King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ,..""Wetland Permit Application /Major Waiver/Amendment/Changes fReceived Application:~ ~ .,"Received Fee:$ ~ ' .,,Completed Application~n~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent~ ,,."CAC Referral Sent: ~.~~__ ,,,.Date of Inspection: ~t 'l~l} ~./ Receipt of CAC Report: Lead Agency Determination: Technical Review: ~Public Hearing Held:,~~! Resolution: Minor Name of Applicant Address Suffolk County Tax Map Number: 1000- rope~ Location: (provide LILCO Pole AGENT: (If applicable) Address: Phone: Board of Trustees Application GENERAL DATA Land Area (in square feet): .-~ 9_, ~-a~ ~' F. Area Zoning: ~)1~1. Previous use of property: Intended use of property: Prior permits/approvals for site improvements: Date -/7- __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspendefi[ by a governmental agency? ~ No Yes If yes, provide explanation: Project Description (use attachments if necessary): DNSr~UCTIO~., Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~ ~Tg~£-r ~ o ~ a Area of wetlands on lot:/~ 5' 7(_0 square feet Percent coverage of lot: -~ I. ~5 % Closest distance between nearest existing structure and upland edge &wetlands: 3oo feet Closest distance between nearest proposed structure and upland edge of wetlands: /~-O feet Does the project involve excavation or filling? No ~ Yes If yes, how much material will be excavated? (~ cubic yards How much material will be filled? '7~O cubic yards Depth of which material will be removed or deposited: ~ feet Proposed slope throughout the area of operations: ~ Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): SEP-18-2002 10:40A FROM: ~ T0:7651366 F.:2/2 CONSENT Re: ,SCTM# 1000-68-2-10 575 Diamond Lane. Pcconie, New Vnrk We, MICFIAEL CI4U'Lq ANO and DENISE CHUISANO. co~atrae! vendees, and PAUL MAGOlO ~md BARBARA MAGOIO, owners of the ab~vc referenced property, consent to Wickham, Wiclda~un & Bressler, P.C. and Land Use Co., Inc.; and their surveyors, engineers, or other contractors retained by any of the above, or any of their representatiwcs mxd/or agent~, to act on my behalf m~d enter ont~ the prexniscs for the purposes of survcyh~g and other testing, ~oil testing, weft ands evaluation a~d flagging, plotting and inSl~ections as may be rexluircd to m~ke necessary for approv',d lbr a building permit for construction of a single thmily dwelling to the Town of Southold Trustees, file Town of Sou~hold Zoning Board of A~eais, the Town of Southold Building Department, the New York State Depe~nent of Environmental Conservation~ and any other authorities or agencies having j urlsdiction, and tbr any variasxces, 280(a) approval, permits, or other matters required to obtain a building permit_ Such applications shall include all matters itl connection therewith, Michael Chuisano · J~i~;e Chulsano / 09/18/02 W~D 09:08 0~/18/2002 ~:.1.5,. FAX 631 7272605 LiND USE ECOLOGICAL ~o01/OOl PASE 01 LAFAYETTE .¢ LandU e To All ;t~gulgto~i¢ Agencies; Please be edvlMd chat Lancl Use ~colo91caf Services, Inc. has Permission to apply/'er ell approvals necessary to compla{~ my pro,k~GC. 2576 Sauqd A','enue · Ba;,,n,g F~ol!ow New 'York . 119,33 63 i-727-24¢C. FAX 63 ! 727.260c. 09/1~/02 IrED 08:49 [TX/RI NO 9157J ~001 Print or Type: ACCESS CONSENT FORM FOR ACCESS THROUGH PRIVATE PROPERTY IOffice use Only File #: Permit #: I) (Name of Applicant) (Address) (Nam~ & Address of Contractor Involved) 3) os _/0 Pro~j ect Location) (S.C.T.M. #) 4) (Name of Road or..Private. Property In. volved) (Hamlet) (Name & Address of Homeowners Ass~E~at~on / Property ~wner) (Brief Job Description) 7) 8) 9) .hing Date: Estimated Cost of Proposed Work:~'~Jg~ Insurance Coverage: A. The coverage required to be extended to the Property Owner: Bodily injury & Property Damage; $300,000/$500,000 Bodily Injury & $50,000 Property Damage. B. Insurance Company: C. Insurance Agent Name & Telephone # D. Policy # : State whether policy or certification is on file with the Trustees Office: cop it A pli at' (yes/no) / (Signature of Applicant) (Da~e) To be completed by the Property Owner: I/We the undersigned, fully understand the nature of the Proposed Work referenced above and have no objection to allowing the Applicant to cross My/Our Property to do the work. (Signature of the Property Owner or duly authorized representative) Print-or Type: Office use only1 File #: Permit #: TOWN OF SOUTHOLD HIGHWAY DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 PERMIT & BOND APPLICATION FOR ACCESS THROUGH TOWN OWNED PROPERTY (Name of Applicant) (Address) (Name & Address of ContrActor Involved) j~ (Name of Road or Town Property Involved) (H~]et) (~rief Job Description) / 6) Starting Date: ~-~ Completion Date: Estimated Cost of Proposed Work: ~ ~ Insurance Coverage: A. The coverage required to be extended to the Town: Bodily injury & Property Damage; $300,000/$500,000 Bodily Injury & $50,000 Property Damage Insurance Company: Insurance Agent Name &Te]ephone # : D. Policy # : E. State whether policy or certification is on file with the Highway Department: (If no, Provide a copy with Application/lh '~ignature of Applicant) [Da~e ) To be completed by the Superintendent Bond Amount Required: of Highways: (Signature) PROJECT I.D. NUMBER 617.21 Appendix C State Envlronmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comple,,ed by Applicant or Project sponsor) 1. APPLICANT ISPONSOR SEQ 3. ~ROJBCT LOCAT.CN: ~ ~w ~ E/Derision ~ MoO[ficadon/alteradon Initialty ~ acres Ultimately [ acres EYes ~NNo If NO. describe briefly 9. WHAT IS RREBENT LAJ';O USE IN VICIN TY OF PROJECT? 10. 0DES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE O LOCAL)l_., ~Yes L-J No If yes, ,ist agency(si and 0ermiUao0reva,s 11. DOES ANY .ASPECT OF THE ACTION RAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If yes list aaency name and perm Ilaooroval If the action is in the Coostal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this as=s, essment OVER 1 Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING i,~,,C~7~e~ ~.C~ui.~¢~, residing at /00~ ~/L~- ~' being duly ~worn, depose and say: That on the~/.~a¥of~[I ~ 200~ I per~ onall~ posted the property know'as ~5-- ,~)l'"'q',~.~ ~4-,.~ ~e~.~~ c by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public ~_~earinq. Dates of hearing noted thereon to be held I~e~.~l[~,~ Dated: Sworn to before me this day of 200 Notary Public DOREEN A. PERRONE NOTARY PUBL~C.Stam of New YOI~ No. 4~61858 Ou~llled in Nassa~u O,~.JC~ . Cemm~on Expires ¢/~l ~ ,~{) ~ (signature) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Nan~e: fl4 ,4~ l o~q Address: STATE OF NEW YORK COUNTY OF SUFFOLK Tm g Iq "[. ]l-)q~ , being duly sworn, deposes and says that on the ~,-$~.~ day of ./V~t~-g~t+ ,20 0~deponent m~led a tree copy of ~e Notice ~et foah. in the Bo~d of Trustees Application, directed to each of ~e above n~ed " persom at ~e ad&esses set opposite there respective n~es; that ~e ad~esses set opposite the n~es ofs~d persons ~e ~e ad.ess of said persons ~ sho~ on the cu~ent ~sessment roll of the To~ of Sg~that said Notices were mailed at the Un?ed States,Post ~ '~o~ ~t ~t~gT g~w~z~y~ ~ , ~at said Notices wer~m~led to e~md persons Dy vffi t- ' / ~~e~stered) mail. .~ ~/~ ~// / Sworn to before me this ~ ~ ~ Day of MgJQ0-fi~ ,20oo2. Notary Public · ~,-I~OREENA. PERRONE ' HOTARY t:~BLIO,State o! New York No. 48~18.58 Board of Trustees Application County of S-xrffotk N/~ · State of New York ~vii C f-~ F}~'Z.. t4' C (qtb[i &~ ''~ 0 BErG D~Y SWO~ DEPOSES ~ ~F~S ~T ~/S~ IS T~ ~PLIC~ FOR ~ ~O~ DESC~BED PE~T(S) ~ ~T ~L STA~S CO~D ~ ~ ~ TO ~ BEST OF ~S~R ~O~EDGE ~ BEL~F, ~ ~T ~L WO~ W~L BE DO~ ~ ~ ~R SET FORTH ~ T~S ~PLICATION ~ AS MAY BE ~PRO~D BY ~ SO--OLD TO~ BO~ OF ~US~ES. ~ ~PLIC~ AG~ES TO HOLD ~ TO~ OF SO.HOLD ~ ~ TO~ ~US~S ~ESS ~ ~E ~OM ~ ~ ~L D~AGES ~ CL~S ~S~G ~ER OR BY ~ OF S~ PE~T(S), · G~ED. ~ CO~LET~G ~S ~PLICATION, I ~BY AU~O~E ~ ~US~ES, T~ AGENT(S) OR ~P~SENTATI~S(S), TO E~R ONTO ~ PROPERTY TO ~SPECT T~ P~SES ~ CON~CTION ~ ~W OF ~S ~PLICATION. Signature SWORN TO BEFORE ME THIS I~~q~' DAYOF ~ ~ [4 ,200':L' Notary Public DOREEN A, PERRONE NOTARY PUBLIC,State of New York No. 4861858 Qualified in Nassau I~outl/~ Comm~c. cion Expires The Town of S~u~hold's Code of Ethics prohibits conflicts o~ interest on the part of town officers and employees. The purpose of this form is to provide information ~hich cng. alert bhe bown of possible conflicts of fnberea~ and allow, it to take whatever action is necessary to avoid same.. (ba~t name, ~tr~ name, m . ~ ~ntbia~, unica you are appiyin9 in the name o~ eom~une else ur other entity, such as a company. I~ so, indicate ~he o~heu p~ueon's ~ company's name.) APP~I~ATION~ (check all theE' apply.) NATURE OF Tax grievance Variance ~/' Change of zone Ap.p~i>val of plat ~xe~qption from plat oX official map other (If ',other," name the 'activity,) , ,',' , by bXood, marriage, or bu~lnes, interest. =Businoa~ intere~t* meann a busine~a, ineludin~ a partnership, in which ~he town officer or employee has even a pareial ownership off (or empXoymen2 by) a corp.uraeion in which ~he ~o~n of[icer or employee eyrie more ehan 5% or ~he shares. YES NO ~' IE you annver~d "~Eg,". complete the balance OE ~h~a'~orm and da~o and sign ~here lndieaeed. · Name og person empluyed by ~he Town ur Sou~hold T[EIo or pent,los cE ~ha~ parson Describe ~he relationship between youreelg (~he appliuan~) and ~he ~ovn oggicer ~r employee. Ei~her check ~he appropriate line provided. through D) and/or deeoribe in the apace The town ofgicer or employee Or Ills or her spouse, sibling, parent, or child ts (check all that apply)s A) the owner of greater than 5% of the shares o[ the corporate stock of the applic~nt (when the applicant' ia e corporation); B) the legal or b~neflclal owner o~ a~y in~ersst in a noncorporate'entitY (when the applicant is not a corporetion)~ .C) an officer, director, pa~t~er~ or emplOyee, of the applicant~ or ..D) the a~tual applicant. DESCRIPTION OF RELATIONSIIIP .. ${..'' Southold Town Board c/o Joshua Horton, Supervisor Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 Dear Town Board: BETTY A RUGG, ESQ. 78 Beverly Parkway Freeport, NY 11520 July 25, 2002 Re: Chuisano Road and Building I am one of the many visitors to Southold who enjoy the waterfront areas in Peconic. I want to thank the Board for its efforts to preserve the natural beauty of the Southold waterfront areas. A special pleasure is the Peconic inlet area and the long, virtually uninterrupted natural vista looking east fi.om the inlet along beautiful, undeveloped tidal zones, beaches, fresh water wetlands, and bluffs. The mixed vegetation on the seaward side of the bluff is remarkable. It safeguards the bluff and maintains the naturalness of the area. Although I know that there are some small houses discretely located beyond the crest of the bluff, they are out of sight from the inlet. When I look east fi.om the inlet, I see the Southold shore as I imagine it has been for hundreds of years, uniquely combining bluff, dune, beach, freshwater wetland, and salt-water surf. When I walk eastward along the surf, I see areas dedicated to preserving fragile piping plovers and their lovely environment. Southold has been wise to prevent development along the face of the bluff because development wonld indelibly alter the vista, the beauty, the unique habitat, and the enjoyment of the Peconic inlet area. While development in Southold has accelerated, many parts of the community have suffered from development. Although development may be appropriate in some areas, the area east of the Peconic inlet should not be built on. The Chuisaro proposal to build a road on the seaward face of the bluff and a house adjacent to the fi.eshwater wetlands is simply inappropriate for this unique area. The proposed road and building would do irreparable harm to this matchless environment and its inhabitants. I hope the Board will pursue ever)' alternative that would prevent building on the property and construction ora road on the face of the bluff. If possible, the Board should encourage sale of this property to those who would not build on the property or construct a road on the face of the bluff. L TOV4' ~ AtTOF';''?' 'S OFFICE AUG - 5 ~o~7',_' IL.~ ,'0 ur. a~erllion; L!L*: Jill Very truly yours, PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 l) 765-4643 Margaret Rutkowski Melissa McC, ox~a Secretaries November 19, 2002 Wickham, Wickham & Bressler, Main Road Mattituck, NY 11952 Att: At~igail Wickham Esq. Re: 575 Diamond Lane, Peconic Maggio to Chuisano Dear Gail: As you recall in August 2002, during the hearing on the record, and after the hearing, I personally conveyed to you my client's offer to purchase your client's righEs under a contract. After discussing our offer with your client, you communicated to me that your client was not interested in the assignment of the contract. The property is extremely environmentally sensiEive and my client and other neighboring property owners wish to preserve the property. My clients are prepared to purchase the property for preservation. Moreover, the County has also expressed an interest in purchasing the property for preservation. Several months have passed, there is overwhelming interest by the community to see that the property be preserved. My client continues their offer to buy out the contract. Despite our offers early in the process, your client continues to waste his money on developmenE costs. We will continue to oppose the development of this property and we are prepared to pursue all legal remedies, for as long as it takes, to assure proper review of permit applications and the ultimate preservation of this very environmentally sensitive property through private or County Acquisition. We would prefer to resolve without the expense of litigation, your client to consider our offer. this matter fairly and therefore, please ask Very truly yours, CC: Southold Town Trustees Ms. Gobetter and Dr. Ramis Patricia C. Moore NOU-18-2B02 02:15P FROM: ~ T0:7651366 p:l~l ABIGAIL A WICKHAM I.YNNE M. GOI~D(JN JANET ~EASA WILLT ,TAM WICK}'LF~M(06-02) LAW OFFICES WICKHAM, WICKHAM & ItRESSLEI~, P.C. 10315 MAIN ROAD, ILO. ~OX 1~.24 MAI'I I I' OK, T.ONG LqLAND NEW YORK 11952 ~31-29g-8353 TI,:I,EFAX NO, 631-298-8565 MELVILLE OFFICE 275 RROAD ;IOLLOW RD SUITE I I I MELVILLE. N. Y 11747 631-249-9480 FAX NO. 631-249-9484 November l g, 2002 Southold Town fmstees Feather Hill Shopping Center Sol~thold, New York 11971 Re: Chusiano (Maggio/Owner)- SCTM 1000-68-2-10 On behalf of the applicant, we request that this matter he adjourned from your November meeting to your February meeting. AA W/lh 30/~'hdtrltst Ve~ truly yours, /- ../' ,./- Abigail A. Wic 'Id'tam GREGORY lq'. YAKABOSKI TOWN ATTORNEY KATHLEEN MURRAY ASSISTANT TOWN ATTORNEY PATRICIA A. FINNEGAN ASSISTANT TOWqx~ ATTORNEY JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, Ne~v York 11971-0959 Telephone (631) 765-1939 e-mail: ~eg.yakaboski~town.sou~,hold. ny.us kathlcenmun'ay~to wn.southold, ny.us patricia, fim~egan(a!tovm.southold.ny.us OFFICE OF THE TO~VN ATTORNEY TOWN OF SOUTHOLD Memorandum To' From: Date: Re: Trustees Gregory F. Yakaboski, Esq. Town Attorney October 17, 2002 Michael A. Chuisano I am returning herein the Trustee file on Michael A. Chuisano for safe-keeping in your office. /md enc. DEPARTMENT OF PARKS~ RECREATION AND CONSERVATION COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE PETER A. SCULLY COMMISSIONER April 22, 2002 A,be,, .. IG'upski, Jr., Chairman Board o f Trustees Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Property adjacent to Goldsmith's Inlet Park - SCTM# 1000-68-2-10 Ower: Paul Maggio - Permit Applicant: Michael Chuisano Dear Mr. Krupski: It is my understanding that the Trustees may be considering an application to develop the above-referenced parcel. I write you to advise you that pursuant to the enclosed resolution enacted by the Suffolk Legislature and signed by the County Executive, the County's Division of Real Estate has been authorized and directed to take initial steps towards the acquisition of the subject parcel for preservation purposes. I trust this is of interest to you. Sincerely, Pe y CommissiorIer PAS:dcs Attachment SUI~FOLK COUNTY PARKS Intro. Res. No. 1032-2002 Introduced by Legislator Caracciolo Laid on the Table 1/2/2002 RESOLUTION NO. 3'~' -2002, AUTHORIZING PLANNING STEPS FOR THE ACQUISITION OF LAND UNDER PAY-AS- YOU-GO 1/4% TAXPAYER PROTECTION PROGRAM (PROPERTY ADJACENT TO GOLDSMITH INLET PARK, TOWN OF SOUTHOLD) WHEREAS, Local Law 35-1999, "A Charter Law Adopting Common Sense Tax Stabilization Plan for Sewers, Environmental Protection and County Taxpayers," authorizes the use of 13.55 per cent of sales and compensating use tax proceeds generated each year for open space acquisition, as determined by duly enacted Resolutions of the County of Suffolk; and WHEREAS, approximately one (1) acre of vacant land, currently located in the Town of SouthoJd, is currently owned by Paul and Barbara MaggJo; and WHEREAS, such parcel of land constitutes one of the last vestiges of open space within the entire Town of Southold available for public acquisition for open-space purposes; and WHEREAS, the owner, may be willing to sell such property; and WHEREAS, adequate funding is provided for, pursuant to Section 12-2(A)(1) of the SUFFOLK COUNTY CHARTER, from 13.55 per cent of the sales and compensating tax proceeds, for the acquisition of such land; now, therefore, be it 1st RESOLVED, that the following parcel(s) is (are) hereby approved for preliminary planning steps and ultimate inclusion in the Suffolk County Drinking Water Protection Program authorized, empowered, and directed by Section 12-3 of the SUFFOLK COUNTY CHARTER and implemented under Article XII of the' SUFFOLK COUNTY CHARTER: SUFFOLK COUNTY PARCEL: TAX MAP NUMBER: ACRES: No. I District 1000 One Section 068.00 Block 02.00 Lot 010.000 and be it further REPUTED OWNER AND ADDRESS: Paul & Barbara Maggio P.O, Box 1131 Conscience Bay Setauket NY 11733 2nd RESOLVED, that the Commissioner of the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-2(X) of the SUFFOLK COUNTY CHARTER, to have surveys and maps prepared for the subject parcel(s) in accordance with Resolution No. 423-1988; and be it further 3rd RESOLVED, that the Director of the Division of Real Estate within the County Plann!ng Department, or his deputy, is hereby authorized, empowered, and directed, pursuant to Section 14- 10(B) of the SUFFOLK COUNTY CHARTER, to have the subject parcel(s) appraised, environmentally audited, and searched for title; and be it further 4th RESOLVED, that the cost of such surveys, title searches, audits, maps and;or appraisals, if any, shall be paid from the funds to be appropriated pursuant to Article XII of the SUFFOLK COUNTY CHARTER as a reimbursement, if necessary, for costs incurred and paid for from other funds or as a direct payment from such proceeds, as the case may be; and be it further 5th RESOLVED, that the Director of the Division of Real Estate within the County Planning Department, or his deputy, is hereby further authorized, empowered, and directed, pursuant to Section 14-10(E) of the SUFFOLK COUNTY CHARTER, to utilize such valid appraisals for the subject parcel(s) as may be made available to the County by any pertinent municipality, either voluntarily or upon request by the County of Suffolk; and be it further 6th RESOLVED, that the County of Suffolk may reimburse any municipality, whose appraisal is utilized for the above-described purpose, for the cost of obtaining such appraisal in the event that the County elects to utilize such appraisals for the subject parcel(s); and be it further 70, RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 617.5(c)(21) of Title 6 of the NEVV YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: JAN 2 9 2002 APPROVED BY: ~unty of Suffolk Date of Approval: \ k~\(~ SUFFOLK COUNTY County Legislature RIVERHEAD, NY This is to certify that I, HENRY L. BARTON, JR., Clerk of the County Legislature of the County of Suffolk, have compared the foregoing copy ofresolutiun with the original resolution now on file in this office, and which wes duly adopted by the County Legislature of said County on January 29, 2002, and that the samn is a lrue and correct transcript of said resolution and of the whole thereof. lIN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the County Le4islatur~ of the County of Suff~;~ FE8-21-2003 02:04P FROM: T0:7651166 P:lxl EIIdC J. BP~SSLER ABICiAIL A Wl~g2"ldkl~ LYNN[~ M GOI~[DON JAN(;] (ii,ASA WILLI.IAM WICKHAM(06-0~) I,AW ¢ )17171('1]~ WICKIIAM, WICKIIAM & BRE$$LER, P,C. 10315 MAIN ROAD, P.O. BOX 1424 MA]'TITUCg., LONG ISLAND NEW YORK 11952 ~t -2~g-8353 11- LEI-AX NO. 63 MELVILLE OFFICE 275 BROAD HOLT.OW RD SbI'FE I I 1 MELVILLE, N. Y. 11747 63 ] -249-94gll FAX NO. 631-240-9494 February 21, 2003 gouthold Town Trustees Feather Hill Shovping Center Sou'dxold, New York I t 971 Re: Chuisanotl~Ia ggio 575 Diamond Lane, Peconic, N.Y. Gentlemen/Ladies: This is to confirm my request to postphon¢ this matter to fl~e April agenda pending the ZBA beau'lng. Thm~k you for ),our consideration, .4,4 W/Ih 30/~'hdtrust Very truJ.y yours, ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA WILLLIAM WICKHAM(06-02) LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK ll952 631-298-8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE ! I 1 MELVILLE. N. Y. 11747 631-249-9480 FAX NO. 63 !-249-9484 November 18, 2002 Southold Town Trustees Feather Hill Shopping Center Southold, New York 11971 Re: Chusiano (Maggio/Owner)- SCTM 1000-68-2-10 Gentlemen: On behalf of the applicant, we request that this matter be adjourned from >'our November meeting to your February meeting. .4A W/lb 30/shdtrust Ver~, truly yours, ]1 I'~ ' · ~, r ,r Abigail A. Wickham ,'20 i2-02-02 l?:O? JOHNSTON LAW OFFICE ID=i63i7345891 P'~4 LAW OFFICES WICKFL4_M, WIC1CHAM & BRESSL. ER, P.C. MAJN ROAD, P. tL Rg33~ 1424 K4AITI'L'UCK. LONO Ifil.AND NEW YOI~K 63 [ -Z9g-8353 TEl. [~ FA.X NO. 631-298-8~65 M£LVILLE OFFICE 272 BROAD HOLLOW suITE MELVILLE: N. Y, 11747 63 ! -249-9480 FAX NO. 631-249-948~- Novemb~ 20~ 2002 Patricia C. Moore, Esq, 51020 Main Road Southold, New Yt)rk 1 t971 Re: Chuisano from Maggio 575 Diamond Llale, Pecoiaic Dcar Pat; I do not recall :,our re'along an)' numerical offer, but only a gel~eral expression uF interest. Moreover, as I am not representing Mr. Chu/sano on the contract, 1 do not know that he is ia a position to assign ix. [ would further ask that you red~ai~ lrom any attempt o ~terl~re wiLh his contract, either by offers to the seller or through public or private acquisition attempm. Very rrtlly yours, Ab~gm A 1c am cc: M. Chuisano .&4W/lb $O/'moorep ~ENT BY: MOORE; 631 7~5 NOV-25-02 t5:32; PATRICIA C. MOORE Attorney at Law 5.1020 Main Road Southold, Nc,v York ! 1971 Tcl: (631) 765-4330 Fax: (631) 765-4643 PAGE i/2 F__A, CSIMILE COVER SKEET The pages coraprising this facsimile transmission contain confidential information from Patric~.a C. Moore_ This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. ~f you have received this transmission ir error, please notify us by telephone in~ediat~ly so we ~y arrange to retrieve this transmission at no cost to you. RE: IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: 11-25-~2 16:31 RECEIVED FROM:6Sl 765 4648 P.81 12-82-82 17:87 JOHNSTON LAW OFFICE PATRICIA C. MOORE $1020 M;~in R~m:l gou%hold, Ncw York 11971 T~I: (631) 765-4330 F~x: (631) 765-4643 NOV 25-02 1/2 F~.CSIMILE COVER S~E~T The pages comprising this facsimile transmission contain confidential information from Patricj. a C. Moore. This in~or~r, aExon ~s intended solely for use by the individual entity named as recipient here[~f. If you are not 5he intended recipient, be aware EhaE any disclosure, copying, distribution, or use of the con,ants of this transmission is prohibited. If you have r~c~ivod this transmission ir. error, please notify us by telephone immediately we fftay arrange to re~rieve this tranmmiseion at no cost to you. DATE: [//~/~ IF TKANSMISRION IS PAULTY OR INCOMPL~T~, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: 11-25-82 1~:31 RECEIVED FROM:631 755 4643 P.@i £RI..C :[. B~,ESS I.ER ABIGAIL tX. WltqKHztM LYNNE M. GORDON JANET G£ASA WILLLIAM WICKHAM(06~02) LAW (IFFICES WICKHAM, 13/ICKHAM & BRESSLER, P.C. IO315 MAIN ROAD. I'.O. FkOX 1424 MATTITUCK. LONO ISLAND NEW YORK 11952 63 [ -298-8353 'I'EI EF,30( NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOIA.OW RD ~;IJ[TE MELV~.LE, N. Y, 11747 651-249-948(I, FAX NO. 63 !-249-9484 November 20, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, New York ! 1971 Re: Chuisano from Maggio 575 Diamond Laac, Pccouic Dear Pal: 1 do not recall !,our making any numerical offer, but only a geaeral expression of interest. Moreover, as I am not representing Mr. Chuisano on the contract, 1 do not know that he is in a posi'don to assign it. I would fmthex ask that you refrain Il-om any attemp! to intcrlL~re with hi~ contract, either by offers to the seller or through public or private acquisition attempts. Very truly yours, ce: M. Chuisano A~F,"/Ib 30/moorep 11-25-02 l~5:fll RECEIVED FROIq:fifll 755 4543 P.O2 ,/ N 51'00'~0' E 83,84' SURVEY OF PROPERTY AT PECONIC TOWN OF SO UTHOLD SU~rI~OLK COUNTY, NEW YORK 1000-68-02-10 SCALE: 1"=50' .mARCH H.,RE el 14 *' L-';~ y ,.' E I SEPTIC SYSTEM CRO$SECTION · 4 t~ ~. :~/ *~ ~~ .l-'° __. , . ~'~~ . ,. / ~LL ~ "~) "~ . / .......... ~ ~ CBNSTRUCT/~N ~F SUBSURFACE ~ ~ I ~~ '~ I DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES t ~ { ~ m, . ' wells G~o Cesspools shown he~eon ' . ,.-, .... ._ [0~