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HomeMy WebLinkAboutReidy, JamesAlbert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickereon 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 TO: FROM: Bruno Semon Building Department Albert J. Krupski, Jr., President Board of Trustees DATE: March 26, 2002 RE: JAMES REIDY The Southold Town Board of Trustees has reviewed the information provided by the Reidy Estate and Brian Flynn. Since the Southold Town Board of Trustees had no jurisdiction over the deck in 1983 when it was built, we don't see it necessary to take any action on the deck at this point in time. It should be made clear to the owners that any new activity within 100' of tidal wetlands will require a permit from the Trustees. 03/£4/20~2 12:07 ~312777750 PA~E ~1 BRIAN M. FLYNN, EsQ. P~ovaF_ {651) 277-7714 FAX (631) 277-7750 March 25, 2002 VIA FACSIMILE TRANSMISSION AND VIA KEGUI, AK MAll. (631) 765- 1366 SIX (6) PAGES BOARD OF TOWN TRUSTEES Town of Southold, Town Hall 53095 Route 25 PO. BoxI179 Southold, New York 11971-0959 ATTN: Albert I. Krupski, President Re: Owner: The James E. Reidy 2000 Revocable Trust Premises: 1852 North Bayview Drive, Southold, New York Section: 70; Block 12; Lot 39.4 Dear Kmpski: Kindly recall our conversation last week concerning an elevated deck which the deceased grantor (James E. Keidy) had constructed in 1983 shortly after the issuance of building permit numbered 12159, but apparently had allowed the then "open" permit to lapse without following up to get the related certificate of occupancy. The Trustees are seeking a letter of"no jurisdiction" from the Board. Attached hereto is an affidavit from Frances E. Reidy, Mr. Reidy's daughter and a Trustee of the said Trust, wherein she certifies construction of the deck in 1983. Also attached is a copy of my letter of this date to DEC Regional Deputy Permit Adminisrtrator George Hammarth concerning the "No Permit Necessary" letter which the DEC also issued to Mr. Keidy in 1983. Mr. Hammarth expressed a willingness to discuss the DEC's position with respect to the issuance of its 1983 letter (which I understand to be that the DEC will not require a further filing with respect to the said deck). His office phone number is: (631) 444 - 0365. Would you please review the attachments, phone Mr. Hammarth and, if all is in order, kindly advise me and the Building Department of the position taken by the Board of Trustees. I will then be in further touch with the Building Department about the filing of a "flood zone permit". I previously mentioned that there is some urgency in getting your reply. The Trustees are currently in contract to sell with the Closing date being on or about April 1, 2002. With my thanks again for your prompt attention to this matter and for your U :'..." 24.. zfio~2 12:~7 E, 3i27779~} F~GE 0'72 consideration, I look forward to hearing from you, Sincere[y, cc: James W. Reidy and Frances E. Reidy, Trustees George Hammarth, DEC Connie. Building Department, Town of Southold D: 2~."2~2 12:87 F_:i~,. ,.,.J,l PAGE AFFIDAVIT STATE OF NEW YORK ) ) ss.~ COUNTY OF SUFFOLK ) I, FRA2qCES E. REft)Y, being duly sworn, depose and say: 1. ! reside at 59 East Madison Street, East Islip, New York. 2. I am a Trustee of The James E, Reidy 2000 Revocable Trust dated December 18, 2000, owner of the premises at 1552 North Bayview Road, Southhold, New York (the "Premises") by deed dated December 18, 2000 and recorded January 17, 2001 in Liber 12097, page 436. 3. My father, .tames E. Reidy, who died on May 21, 2001, formerly owned the Premises In 1983. he drew the plans for the construction ora deck at the premises which plans were filed with the Building Department, Town of Southold, and thereupon the Department issued Building Permit numbered 12159, copy attached hereto. 4, I am informed that my said father apparently allowed the then "open" permit to lapse without following up to get the related certificate of occupancy even though I recall he had completed construction of the said deck by the fall of 1983. 5. My recollection ora 1983 construction is based upon my attendance at SUNY Farmingdale beginning in 1983 I attended the university for a degree in Ornamental Horticulture, and in the fall of my first year of attendance, I held a nighttime party at the Premises for my fellow student hoRiculturists and we were star-gazing from the said deck with my telescope. 6. Although I have unsuccessfully conducted an exhaustive search of my father's home for paid receipts connected with the deck, my father, upon information and belief, completed construction of the said deck by the fall of 1983. '~ - FRAN~IDY (L,S3 Sworn~t9 before me this ,~...O~day of March, 2002 GUALI~elED IH SUFFOLK ~:: 24 "'20612 ~_2:g7 62:~ 2777750 F'~GE 04 ~OWN OFS~UTHOLD BUILDING D~ARTMENT TOWN HALL $OUTHOLD, N.¥. BUILDING PER~IT ETHIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL CO~APLETION OF THE WORK AUTHORIZED) N? ' 12159 Z pursuo~t to o~plicetion dated ......... ~:~....~...~:~ .......................... 1~ .~.~., end oppro,,ed by th, Building Inspector. Rev. 6/.30/80 0:; 24"2n~2 12:07 6~1277775D F%GE 0~ BRIAN M. FLYN'N, Esq. Plto~7(6.tl) 277-'7714 Exx(fi3l) 277-7'50 March 25, 2002 VIA FACSIMILE TR.A.NSMISSION (631) 444 - 0360 .AND VIA REGULAR MAIL SIX (6) PAGES NEW YOi~K STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Building 40 - SUNY Campus Stony Brook, New York 11790-2356 ATTN: George Hammarth Regional Deputy Permit Adminisltrator Re; Owner The James E Reidy 2000 Revocable Tmsr Premises: 1852 North Bayview Drive. Southold, New York Section' 70; Block 12; Lot 394 Dear Mr. Hammarth' Kindly recall our conversation last Friday concerning the above referenced premises. I informed you that the deceased grantoc (James E. Reidy) in 1983 had constructed a wooden deck shortly after he obtained from your Department a "No Permit Necessary" letter (copy of said letter dated February 3, 1983 attached hereto) and from the Building Department of the Town of South a building permit, numbered 12159. The deceased apparently alIowed the then "open" permit to lapse without following up to get the related ¢ertificate of occupancy and, consequently, the Trustees of the said Trust are presently applying with the Town Building Department. Copies of an affidavit from Frances E Reidy, Mr. Reidy's daughter and a Trustee of the said Trust, concerning the construction of the deck, and of my letter of this date to Albert J. Krupski, President of the Board of Trustees. Town of Southotd, are attached hereto. I understood from our conversation that no fu~her filing for the deck with DEC would be necessary, and [ appreciate very much your willingness to discuss this matter with representatives of the Town Board of Trustees or Building Department. With my thanks for your assistance in this matter, 1 ask that you let me know if you require further information. Si ncerely, cc: Frances Reidy and James W Reid)': Trustees Albert J Krupski, Pres, Board of Trustees Tov,'l~ of Southold PAr~E 8A Robert F. Flackm C~r~m~mstoner February 3, 1983 James E. Reidy 59 East Madison Street East Islip, New York 11730 NO PE~ET NECESSARY - TI~L WETLANDS ACT Dear Mr. Reldy: , This is =o tuformyou =hat we have detezm~.ned thatyour proposal £0 construct a wood deck, 8' above ground, and 6' %19' on north side of home, 12' X 24' on west side, ~nd 8' X 22' on south side of home, with a'oement patio beneath, and all structures to be Xn excess of 100' from the most landward edge of e.ny tidal wetlands has been reviewed and that it has bees found that so permit is necessary under Article 25 (T/~al Wetlands). A~m~m~g you harm obtnqned amy other ap~,licable permits, you may proc~d with your project. Enc. Check 145 for $10 Very truly yours, DANIEL J. LARKII~ ' Regional Permit BRIAN M. FLYNN, ESQ. p~fONE (631) 277-7714 II:AX (651) 277-7750 March 25, 2002 VIA FACSIMILE TRANSMISSION AND VIA REGULAR MAIL (631) 765- 1366 SIX (6) PAGES BOARD OF TOWN TRUSTEES Town of Southold, Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 ATTN: Albert J. Kmpski, President Re: Owner: The James E. Reidy 2000 Revocable Trust Premises: 1852 North Bayview Drive, Southold, New York Section: 70; Block 12; Lot 39.4 Dear Krupski: Kindly recall our conversation last week concerning an elevated deck which the deceased grantor (James E. Reidy) had constructed in 1983 shortly after the issuance of building permit numbered 12159, but apparently had allowed the then "open" permit to lapse without following up to get the related certificate of occupancy. The Trustees are seeking a letter of"no jurisdiction" fi.om the Board. Attached hereto is an affidavit from Frances E. Reidy, Mr. Reidy's daughter and a Trustee of the said Trust, wherein she certifies construction of the deck in 1983. Also attached is a copy of my letter of this date to DEC Regional Deputy Permit Adminisrtrator George Hammarth concerning the "No Permit Necessary" letter which the DEC also issued to Mr. Reidy in 1983. Mr. Hammarth expressed a willingness to discuss the DEC's position with respect to the issuance of its 1983 letter (which I understand to be that the DEC will not require a further filing with respect to the said deck). His office phone number is: (631) 444 - 0365. Would you please review the attachments, phone Mr. Hammarth and, if all is in order, kindly advise me and the Building Department of the position taken by the Board of Trustees. I will then be in further touch with the Building Department about the filing ora "flood zone permit". I previously mentioned that there is some urgency in getting your reply. The Trustees are currently in contract to sell with the Closing date being on or about April I, 2002. With my thanks again for your prompt attention to this matter and for your consideration, I look forward to hearing from you. Sincerely, ~ BRIAN M. F cc: James W. Reidy and Frances E. Reidy, Trustees George Hammarth, DEC Connie, Building Department, Town of Southold AFFIDAVIT STATE OF NEW YORK ) ) SSX COUNTY OF SUFFOLK ) I, FRANCES E. REIDY, being duly sworn, depose and say: 1. I reside at 59 East Madison Street, East Islip, New York. 2. I am a Trustee of The James E. Reidy 2000 Revocable Trust dated December 18, 2000, owner of the premises at 1852 North Bayview Road, Southhold, New York (the "Premises") by deed dated December 18, 2000 and recorded January 17, 2001 in Liber 12097, page 436. 3. My father, James E. Reidy, who died on May 21, 2001, formerly owned the Premises. In 1983, he drew the plans for the construction of a deck at the premises which plans were filed with the Building Department, Town of Southold, and thereupon the Department issued Building Permit numbered 12159, copy attached hereto. 4. I am informed that my said father apparently allowed the then "open" permit to lapse without following up to get the related certificate of occupancy even though I recall he had completed construction of the said deck by the fall of 1983. 5. My recollection ora 1983 construction is based upon my attendance at SUNY Farmingdale beginning in 1983. I attended the university for a degree in Ornamental Horticulture, and in the fall of my first year of attendance, I held a nighttime party at the Premises for my fellow student horticulturists and we were star-gazing from the said deck with my telescope. 6. Although I have unsuccessfully conducted an exhaustive search of my father's home for paid receipts connected with the deck, my father, upon information and belief, completed construction of the said deck by the fall of 1983. '/ - FRAN~IDY (L.S.) Sworn~t9 before me this ~,-?~ day of March, 2002 ~OWN OF Sou'rHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: /~,/~ ,,~'~ · ....... ...... ....... ~~ .................................. , ......... ,~...;, ..................... ,' /:...~......~:~..~. ............ . ot premises loc,ted o, ~/..~.Z .~...~- ....... ,~..:...~...' ........ ~o.n~ ~o~ Mo~ ~o. ,00o S,c,,on.~.~..?..~ ...... ,,~, ...... Z.~ ....... Lo, ~o. q.t...~:...¥ .... pu,uon, ,o °pp,,,o,,on do,,~ ......... ~.....~. ./.... ......................... , ,'~..~., o,d opprave~ ,y f Building Inspector. Fee $....~..~....~ .... ./~...~, · /~Bulldlng Inspector Rev. 6/30/80 BRIAN M. FLYNN, ESQ. March 25, 2002 VIA FACSIMILE TRANSMISSION (631) 444 - 0360 AND VIA REGULAR MAIL SIX (6) PAGES NEW YORK STATE DEPARTMENT OF ENVI~.ONMENTAL CONSERVATION Building 40 - SUNY Campus Stony Brook, New York 11790-2356 ATTN:George Hammarth Regional Deputy Permit Adminisrtrator Re: Owner: The James E. Reidy 2000 Revocable Trust Premises: 1852 North Bayview Drive, Southold, New York Section: 70; Block 12; Lot 39.4 Dear Mr. Hammarth: Kindly recall our conversation last Friday concerning the above referenced premises. I informed you that the deceased grantor (James E. Reidy) in 1983 had constructed a wooden deck shortly after he obtained from your Department a "No Permit Necessary" letter (copy of said letter dated February 3, 1983 attached hereto) and from the Building Department of the Town of South a building permit, numbered 12159. The deceased apparently allowed the then "open" permit to lapse without following up to get the related certificate of occupancy and, consequently, the Trustees of the said Trust are presently applying with the Town Building Department. Copies of an affidavit from Frances E. Reidy, Mr. Reidy's daughter and a Trustee of the said Trust, concerning the construction of the deck, and of my letter of this date to Albert J. Krupski, President of the Board of Trustees, Town of Southold, are attached hereto I understood from our couversation that no fu~her filing for the deck with DEC would be necessary, and [ appreciate very much 3.'our willingness to discuss this matter with representatives of the Town Board of Trustees or Build irag Department. With my thanks for your assistance in this matter, you require further information. CC; I ask that you let me know if Sincerely, Frances Reidy and James W. Reidy, Trustees ,-/' Albert J. Krupski, Pres., Board of Trust~:es, To~ n of Southold NE~ ¥01~ STATE D~PARTMRRT OF Y~O~ COEb'~VATION Regulatory Affairs Buildin~ 40, SUNY Stony Brook, F~ 11794 Robert F. Flacke (k~,m~-sioner Februzry 3, 1983 James E. Reidy 59 East Madison Street East Isllp, New York 11730 NO FE~EIT NECESSARY - TIDAL WETLANDS A~T' Dear Mr. Reidy: This is to ~omyon that we have dete~m/ned that¥ourproposal to construct a wood deck, 8' abov~ ground.i and 6' fflg' on north sl~e of home, lZ' X 24' on west sl~e, ~nd 8' X 2~' on south side of home, w~th a'oement patio beneath, and all structures to be in excess of 100' from the most landward edge of any tidal wetlands has been reviewed and that it has been found that no permit is necessary un4er Article 25 (Tidal Wetlands). Assu~g you have obtained any other ap~,ltcable permits, you may proceed with your pro~ect. ~JL/cr Enc. Check 145 for $10 Very truly yours, ~ DANIEL J. LAEKIN · Regional Permit Administrator BRIAN M. FLYNN, ESQ. 74 CAI~.LETON AVEN{dE. EA'ST ISLIP. N.Y. 11730 PIIONE (631) 277-7714 FAx (631) 277-7750 March 19, 2002 VIA FACSIMILE TRANSMISSION AND VIA REGULAR MAIL (631) 765- 1366 THREE (3) PAGES BOARD OF TOWN TRUSTEES Town of Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Re: Owner: The James E. Reidy 2000 Revocable Trust Premises: 1852 North Bayview Drive, Southold, Ne~v York Section: 70; Block 12; Lot 39.4 Dear Sir or Madam: I represent the Trustees of the above referenced trust who are in search of a letter from the Board stating "no jurisdiction" in connection with an elevated deck which the deceased grantor (James E. Reidy) had constructed in 1983 shortly after the issuance of a building permit numbered 12159. The deceased apparently allowed the then "open" permit to lapse without following up to get the related certificate of occupancy and, consequently, the Trustees are presently re-applying with the Town Building Department for the existing structure. The attached certified current survey shows that the deck is not within 100 feet of wetland or surface waters in the Town. Therefore, it appears that a letter of"no jurisdiction" is appropriate. Would you please review that matter as soon as possible, and let me know your determination. Please note that there is some urgency in getting your reply. The Trustees are currently in contract to sell with the Closing date being on or about April 1, 2002. With my thanks for your prompt attention to this matter, I look for~vard to heating from you. Sincerely, BRIAN M. FLYNN, ES~. cc: James W. Reidy and Frances E. Reidy, Trustees SURVE"r' OF= PROPERTY' SITUATE: 5OUTHOLO ~ TOI,"tN, 5OUTHOLO 5UF=F:OLK ~T'r', N'r' ~0R~EYE~ O2-,~-o~ NORTH SUFFOLK COUNTY TAX ~ CERTIFIED TO, Ft:~.ANC..E~ E. REIE)¥ AND JAMES Y4. REID¥ A~ TRUSTEE~ OF THE JAMES E. REID¥ REVOCAI~'LE TRUST DATED DECEMBER I&, 2000 NOTES: MONUI'.dENT FOUND N69o00,00,,-~ AREA : ~4,q~,~ SF OR 1.72 ACRES DEED REFERENCE L. 12Oq~ cp 4B(2 FEN'lA FLOOD ZONE LINE AS ANNOTATED FROH FIRH HAP # ,~IO~C, OI~O ~ DATED MAY 4, Iqq~ ELEVATIONS REF. US®~ N~VD '2q JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERttEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~qp server\dkPROS\02-120a.pro ®~APHIC. ' ( F©P.~4E~L ,'¢ OF' e 6'25"~ 35.82' GOOSE